MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 13, 1999, at the hour of 7:21 P.M.

PLEDGE OF ALLEGIANCE - Charlotte Malone

ROLL CALL :

Present: Bowler, Edgerton, Reviczky, Mayor Oakes

Absent: Benz

MAYOR'S COMMENTS/ANNOUNCEMENTS : Mayor Oakes said she had unfortunately been out of town for the first in the series of Sunday evening concerts which took place July 11, 1999, and announced that the beach concerts would take place the next three Sundays at 6 P.M.

Councilmember Edgerton said the Drifters had performed a great concert on Sunday. He said next Sunday would feature "Sounds of the Supremes," and the Safaris would perform the following Sunday, but did not know who would perform at the fourth and final Sunday concert.

Councilmember Reviczky said a letter being circulated about Rule 20 erroneously suggested that, if asked, Edison would underground all of the City's utilities. He said the annual amount collected per Rule 20 was about $148,000 for Hermosa Beach; that the current account balance, because of various undergrounding already done, was a negative $2.8 million; and that it would take 19 years before money starts accumulating again in that account, leaving no money for Edison to do any undergrounding until then.

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, commented on the number of people in attendance; noted that Councilmember Edgerton did not have his laptop computer;

Charlotte Malone - announced that the Hermosa Beach Friends of the Library book sale would take place Saturday, July 17, 1999, from 9:30 A.M. to 12:30 P.M. in front of the Library, noting the book sales support the library and that a $945 check had been sent by the organization this week to the Children's Librarian for children's programs; and

David Cunningham - 1901 Palm Drive, expressed concerns about alcohol-related problems over the 4th of July weekend, including teenagers urinating on his front wall; said the situation was out of control.

Councilmember Bowler said he was told by police officers that a large part of the problem over that weekend stemmed from private parties, particularly along the Strand.

Action : To agendize the matter of private parties and various options for City control.

Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.

Continuing to come forward to address the Council were:

Clem Maloney - property owner and former resident, said he was pleased with the City's revenue growth but concerned about the over-saturation of businesses that attract a 20's crowd versus a 30's/40's crowd, and singles versus families, because that kind of young crowd creates more police problems and spends less money;

Vickie Bronaugh - 1113 Valley Drive, said this 4th of July was the first time as a resident that she felt endangered for herself and her young child when drunks threw bottle rockets into the crowd of people watching the Redondo fireworks display; said a fight broke out when someone tried to defend their family, that it felt like a war zone and embarrassed her in front of her out-of-town company; said she had been on the Strand near Eighth Street; and

Jim Lissner - 2715 El Oeste Drive, said Edison does administer the money for undergrounding but does not determine where the money goes; thought the City should have spread the money around more, by selecting those areas with the most people wanting underground utilities, then requiring residents to pay a portion of the cost and using Edison funds for the balance, as was done in Manhattan Beach, thereby stretching the Edison money twice as far.

 

(b) COUNCIL COMMENTS : Mayor Oakes said the undergrounding projects took place on Pacific Coast Highway, Pier Avenue, and Beach Drive, the City's most westerly street, which affected a number of views throughout the community. Councilmember Reviczky agreed, noting that since most City views are toward the west, it made sense to start from the west and work east with undergrounding, eliminating the wires and improving ocean views. He said Pier Avenue made economic sense because it was being ripped up anyway.

Councilmember Reviczky said he rode with the police July 4 from 6 P.M. to 3 A.M., as he does several times a year, saw the problems cited this evening, saying they were unacceptable and that something would be done before New Year's Eve.

Councilmember Bowler said when he came into office, the Police Department was down from 45 sworn officers to the low 30's, due to budget cuts, attrition, and salaries being lower than the South Bay average. He said there were now 38 sworn officers. He advised people to consider that the UUT goes for police and fire services when voting on the tax in November.

 

(c) WRITTEN COMMUNICATION

1) Letter from Gary Brutsch regarding numerous issues facing Hermosa taxpayers that he would like addressed by any candidates for City Council in public debate .

No one came forward to address the Council on this item.

Action : To receive and file the letter.

Motion Edgerton, second Bowler. The motion carried, noting the absence of Benz.

2) Letter from Jim Lissner regarding expansion of liquor businesses on Pier Avenue .

Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, spoke to his letter and responded to questions.

Action: To receive and file the letter.

Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.

3) Letter from Charlotte Malone, Vice-President of the Hermosa Beach Friends of the Library, requesting that the City Council contact Los Angeles County Supervisor Don Knabe, as well as the L. A. County Librarian, to request an increase in library hours and improvements .

Coming forward to address the Council on this item was:

Charlotte Malone - Hermosa Beach, spoke to her letter.

Action: To direct staff to prepare a letter for the Mayor's signature requesting from Los Angeles County Supervisor Don Knabe and the Los Angeles County Librarian an increase in library hours and improvements.

Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz.

 

CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (g), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (d) Reviczky.

Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz.

No one came forward to address the Council on items not removed from the consent calendar.

At 8:00 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.

 

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :

1. 1) Minutes of the Regular Meeting held on June 8, 1999 ; and
2. 2) Minutes of the Regular Meeting held on June 22, 1999

Action : To approve as presented the regular meetings of June 8, 1999 and June 22, 1999. (Benz absent)

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17675 THROUGH 17964, INCLUSIVE, NOTING VOID CHECK NO. 17719, 17787, 17896 AND 17962 .

Action : To ratify the check register as presented. (Benz absent)

 

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .

Action : To receive and file the tentative future agenda items as presented. (Benz absent)

 

(d) RECOMMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT FOR THE FOLLOWING PURPOSES :

1999 Sunset Concerts on the Beach

• Hawthorne Savings - $10,000.00

• Anheuser Busch - $5,000.00

Skateboard Track Grand Opening Ceremonies

• E.T. Surfboards - $300.00

• Globe Shoes, LLC - $150.00

• Surf Like A Girl - $100.00

• Vanguard Surf Culture - $75.00

Memorandum from Finance Director Viki Copeland dated July 1, 1999

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors.

Action: To accept the donations outlined above, noting that the donations received for the Skateboard Track Grand Opening would be appropriated to FY 1998-99 and the donations received for the 1999 Sunset Concerts on the Beach would be appropriated to FY 1999-00, as recommended by staff.

Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz.

 

(e) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE SOUTH BAY PRIVATE INDUSTRY COUNCIL TO ACT AS THE LOCAL WORKFORCE INVESTMENT BOARD . Memorandum from City Manager Stephen Burrell dated July 6, 1999.

Action : To approve the staff recommendation to adopt Resolution No. 99-6010 , entitled " A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE SOUTH BAY PRIVATE INDUSTRY COUNCIL TO ACT AS THE LOCAL WORKFORCE INVESTMENT BOARD ," which would authorize the certification of the current Private Industry Council (PIC) Board as the Workforce Investment Board (WIB). (Benz absent)

 

(f) RECOMMENDATION TO ACCEPT THE WORK BY ASAN CONSTRUCTION COMPANY FOR CIP PROJECT NO. 97-525, COMMUNITY CENTER SKATE TRACK, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR . Memorandum from Public Works Director Harold Williams dated June 29, 1999.

Action : To accept the work by Asan Construction Company for CIP Project No. 97-525, Community Center Skate Track and authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion, as recommended by staff. (Benz absent)

 

(g) RECOMMENDATION TO EXTEND THE CURRENT CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE THE CONTRACT FOR A TERM OF THREE YEARS . Memorandum from City Clerk Elaine Doerfling dated July 7, 1999.

Action : To extend the current contract for City advertising with the Easy Reader newspaper and approve the contract for a term of three years. (Benz absent)

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Item 1(d) was heard at this time but is shown in order for clarity.

Public comments on items removed from the consent calendar are shown under the appropriate item.

 

At 12:53 A.M. after considering item 1(d), the order of the agenda was suspended to go to Municipal Matter item 8.

 

PUBLIC HEARINGS

 

4. PROJECT NO. CIP 97-182 MYRTLE AVENUE, UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 97-1 - PROTEST HEARING AND TABULATION OF THE BALLOTS . Memorandum from Public Works Director Harold Williams dated July 6, 1999. Supplemental resolution received July 13, 1999. Supplemental letters from Parker Herriott dated July 9, 1999, and Robert and Carleen Beste dated July 8, 1999.

Public Works Director Williams and City Manager Burrell responded to Council questions.

City Clerk Doerfling presented the Affidavit of Mailing Notice of Hearing and announced that written protests had been received from Parker Herriott, from Robert and Carleen Beste, and from David Augenstein (whose letter had been included in the agenda packet).

Debby Cobb, Berryman & Henigar, Assessment Engineer, presented the final assessment engineering report, said the assessment district boundaries were determined initially by the property owners' petition, explained the nature of the work, and said all parcels within the district would benefit, noting the two components were an underground service conversion benefit and an aesthetic view benefit.

 

The public hearing opened at 8:15 P.M. Coming forward to protest the proceedings were:

Parker Herriott - Hermosa Beach, said he was not in the district; submitted information and spoke to his letter; said the matter was not properly noticed and the engineer's report was flawed; questioned the fairness of the assessment that benefits some more than others; said Edison should pay and those that did not want to wait should do it themselves; requested copies of the petition listing the names of the people who began this process; thought his property had been gerrymandered out of the district;

Moneca Vance - 303 24th Street, said she had not signed any petition and did not have the money to pay for undergrounding, as she was a retired school teacher with a mortgage to pay off;

David Augenstein - 2457 Manhattan Avenue, said people with ocean views would benefit, but his view was obstructed by the 35-foot high building behind him; objected to paying $8,500 to subsidize the property improvement of others, that it was unfair since there would be no property value increase for him; and

Paul Herriott - Manhattan Avenue, expressed concern about people on fixed incomes; said an $8,000 assessment would have a $15,000 pay back over 15 years; said undergrounding should be taken care of by Edison, that the citizens should not be subsidizing Edison.

 

Coming forward to speak in favor of the proceedings were:

Tom Sedgwick - 2459 Myrtle Avenue, said overhead high voltage wires posed a hazard - they were dangerous, unsightly and unnecessary; said an earthquake could bring down the whole system; said the view benefit did not relate to ocean views but to street views; said undergrounding would make the neighborhood safer and more beautiful; said residents initially met with Edison; asked if a fund could be created for cases of true hardship;

Dency Nelson - 2415 Silverstrand, said the residents tried to find funding from other sources - federal, state and county; agreed they should not have to pay, but said the undergrounding was an investment that would increase property values; and

Shanda Webber - 2448 Myrtle Avenue, said she had a copy of the petition that was circulated three years ago; said the majority of people in the district were in favor of undergrounding, said property values would increase for everyone in the district.

 

The public hearing closed at 8:45 P.M.

 

Mayor Oakes asked if there were any more ballots to be submitted. There being none, she called upon the Assessment Engineer to report on the votes tallied.

Noting that the count was based on the weighted assessment and that a simple majority was required for passage, Ms. Cobb reported that there were 116 ballots in favor, for a total assessment weighted amount of $1,013,082.30, and 36 ballots against, for an assessment of $317,740.50. She said the assessment district passed by 76.12 percent weighted assessment.

 

Action: To approve the staff recommendation to adopt the following resolutions:

1) Resolution No. 99-6011 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING ," and

2) Resolution No. 99-6012 , entitled, " A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AWARDING PROJECT NO. CIP 97-182 MYRTLE AVENUE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT IMPROVEMENTS TO IRISH CONSTRUCTION OF ROSEMEAD, CA ."

Motion Reviczky, second Edgerton. The motion carried, noting the absence of Benz.

 

The meeting recessed at 8:54 P.M.

The meeting reconvened at 9:20 P.M.

 

5. PROJECT NO. CIP 97-183 LOMA DRIVE, UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 97-2 - PROTEST HEARING AND TABULATION OF THE BALLOTS . Memorandum from Public Works Director Harold Williams dated July 6, 1999, and supplemental resolution received July 13, 1999. Supplemental letters from Parker Herriott dated July 9, 1999, and Frances Parker dated May 27, 1999.

Public Works Director Williams, City Manager Burrell and City Attorney Jenkins responded to Council questions.

City Clerk Doerfling presented the Affidavit of Mailing Notice of Hearing and announced that written protests had been received from Parker Herriott and from Frances Parker.

Debby Cobb, Berryman & Henigar, Assessment Engineer, presented the final assessment engineering report, said the assessment district boundaries were originally set up by property owner petition, explained the nature of the work, and said all parcels within the assessment district would benefit, noting that half of the cost was for the underground service conversion and the other half was for neighborhood aesthetic view benefit.

 

The public hearing opened at 9:24 P.M. Coming forward to protest the proceedings were:

Ed Rathell - 814 Monterey Boulevard, thought Edison had the money and asked if the homeowners paid when the poles went up; said there were no poles or lines in front of him blocking his view and questioned any benefit to him; expressed concern about the assessment;

Larry Burlant - 616 Monterey Boulevard, asked why he was included in the district since he would not benefit; objected to subsidizing people who would benefit; questioned the benefit factor;

Brian Kelcher - owner of property in the 1200 block of Monterey Boulevard, questioned the aesthetic view benefit factor and suggested using different weighting formulas; said he got notice of the dollar amount on May 25; said there should be additional discussion and requested that the Council delay its decision;

Parker Herriott - Hermosa Beach, agreed with the previous speaker, questioned the assessments and said the engineer's report was faulty; said the Howard Jarvis group told him the dollar amount should be based on street frontage; said people in the Myrtle district would pay more than those in the Loma district; expressed concern about people who could not afford it; said this was a way to get around Prop 13;

Paul Ishikawa - 626 Loma Drive, asked if the assessment was tax deductable since it would appear on the property tax bill; asked if sidewalks would be put in at the same time (City Manager Burrell said the City could not give tax advice, and that sidewalks were not part of this project);

Deana Bradshaw - 912 Monterey Boulevard, said her assessment was the same as for those with ocean views and they will get more benefit; said she was not opposed to undergrounding, but questioned the return on her investment and asked how the individual assessments were decided on;

Shirley Cassell - Monterey Boulevard, said she was out of the district, noted there was no view ordinance in the city and that undergrounding would not protect anyone's view; and

Jamil Hashimi - 912 Monterey Boulevard, did not understand the benefit to him; wanted an evaluation of how the assessments were done; said people with the same assessment have poles in front of their house; did not understand why he was included in the district since there was no benefit to him.

 

Coming forward to speak in favor of the proceedings were:

Gary Kazanjian - 1021 Loma Drive, said people did not have to pay everything up front, that they could make payments if they wished;

Earl Keegan - 1107 Loma Drive, spoke in favor of the assessment district and said this was a democratic process; spoke of earthquake dangers with the lines above ground;

The public hearing closed at 9:55 P.M.

 

In response to public comments and questions, Ms. Cobb said the view benefit meant opening up the streets and alleyways for neighborhood aesthetics; said the people facing Monterey with the poles and lines behind them on Sunset were included in the district because Edison had to underground their service as well in order to remove the poles; said undergrounding would provide a higher level of safety and service; said they used standard methodology used by other beach communities; and noted there had been a public information meeting and letters were received by residents 45 days prior to this hearing.

Fritz Stradling, underground assessment special counsel, responded to questions pertaining to procedure, saying Proposition 218 provides for one public hearing and allows ballots to be received up to the conclusion of the hearing; said they followed Prop 218 and the provisions of the 1913 Act.

City Attorney Jenkins said the record should reflect that there had not been any impairment of process or the people's rights.

Mayor Oakes asked if there were any more ballots to be submitted. There being none, she called upon the Assessment Engineer to report on the votes tallied.

Ms. Cobb reported that there were 91 ballots in favor, for a weighted assessment of $734,746.24, and 59 ballots against, for a total weighted assessment of $487,858.58. She said the assessment district passed by 60.1 percent.

 

Action: To approve the staff recommendation to adopt the following resolutions:

1. Resolution No. 99-6013 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING ," and
   
2. Resolution No. 99-6014 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AWARDING PROJECT NO. CIP 97-183 LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT IMPROVEMENTS TO IRISH CONSTRUCTION OF ROSEMEAD, CA ."

Motion Oakes, second Reviczky. The motion carried, noting the absence of Benz.

 

The meeting recessed at 10:07 P.M.

The meeting reconvened at 10:25 P.M.

 

5. APPEAL OF THE PLANNING COMMISSION APPROVAL, WITH CONDITIONS, OF A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW FOR THE EXPANSION OF AN EXISTING RESTAURANT, FAT FACE FENNER'S FISHACK, WITH ON-SALE ALCOHOL AT 53 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 4, 1999.

At 10:26 P.M., Councilmember Bowler stepped down from the dais and left the room due to a potential conflict of interest.

Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

 

The public hearing opened at 11:05 P.M. Coming forward to address the Council on this item were:

Jim Lissner - appellant, said the City's General Plan called for a diverse downtown but this project would not add to the diversity; said diversity would cut the need for police services; submitted a photograph showing a recent banner for the business; said a mix of businesses, such as restaurants, book stores and clothing stores, would attract a mix of people; cited the effects bars have on air pollution and traffic;

Shirley Cassell - Hermosa Beach, expressed concern about blocking public access; said the business had outdoor dining on the walkway over the Memorial Day holiday weekend without City or Coastal Commission approval;

Gary Vincent - applicant on file, vice-president of Fat Face Fenner's Fishack Ltd., said they operate a very family oriented restaurant, catering to the 40's and 50's age group; disputed comments of the appellant; said the appeal had no merit;

Conn Flatley - president of Fat Face Fenner's Fishack Ltd., said 65 percent of their revenue was from food sales, that it was a family operation, a restaurant that happens to serve alcohol; said they catered to families with children and recently had to purchase a second high chair to accommodate children;

Kurt Smaltz - attorney for applicant, said the issue of the four parking credits given in 1998 to the restaurant was not part of this appeal; said the Planning Commission addressed the allocation of two of those spaces to cover outdoor dining on June 15 and their decision was not appealed; said the four spaces were the property of the restaurant and cannot be taken away; said the allocation of spaces for outdoor dining was not part of the appeal;

Daniel Hackney - 1228 20th Street, said this restaurant was the most child-friendly on Pier Avenue, that he and his wife take their two-year old there often; said the expansion of the restaurant would have negligible impact; urged support of the Planning Commission findings;

Tim McAdam - 131 Eighth Street, agreed with the previous speaker, said this was a family oriented business that caters to locals; said it was not rowdy; did not understand why it was appealed and urged the Council to support the expansion;

Donley Falkenstien - Hermosa Beach, said this was office space proposed to be used for another restaurant/bar, which would not create a balance downtown; said lower Pier Avenue had problems with parking and crowded bars on weekends;

Gene Dreher - Hermosa Beach, said this was a nice restaurant that was not a problem; said the appeal had no merit; and

Jim Lissner - appellant, rebutted comments; said the parking allocation from the space they did not lease was not an issue tonight, nor were the spaces used for outdoor dining; said he did not appeal those issues.

The public hearing closed at 11:45 P.M.

 

Proposed Action : To not allow the parking credits to be used for the outdoor dining for the walkway.

Motion Edgerton. The motion died for lack of a second.

 

Action : To require a certificate of occupancy for the expansion of the restaurant prior to the approval of any required encroachment permit for use of the bridge for outdoor dining.

Motion Mayor Oakes, second Edgerton.

 

Kurt Smaltz, attorney for the applicant, said the Council was considering the encroachment permit, which was not part of the appeal; said the current restaurant was adjacent to the outdoor dining area, the kitchen was 16 feet away, and they had a leasehold on the entire area; said they wanted to open the outdoor dining first to help fund the expansion; and said this was a unique situation.

City Attorney Jenkins said the Council had broad power under the conditional use permit process to do what was proposed.

 

The motion on the floor carried, noting the absence of Benz and Bowler.

 

Proposed Action : To eliminate the four parking credits.

Motion Edgerton, second Mayor Oakes. The motion failed due to the dissenting votes of Reviczky and Mayor Oakes, noting the absence of Benz and Bowler.

 

Final Action : To approve the staff recommendation to adopt Resolution No. 99-6015 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING, IN PART, THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL (ALLOWING THE CHANGE OF USE OF 1150 SQUARE FEET OF OFFICE TO RESTAURANT USE) AND TO ALLOW THE PAYMENT OF FEES IN-LIEU OF PARKING AND SUSTAINING, IN PART, THE APPEAL RELATIVE TO THE ALLOCATION OF PARKING CREDITS FOR OUTDOOR DINING AT 53 PIER AVENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL BUILDING, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK 13, HERMOSA BEACH TRACT ," amended to prohibit both outdoor dining on the bridge over the public right-of-way and the use of parking credits for outdoor dining purposes without the City issuance of a certificate of occupancy for the approved restaurant expansion.

Motion Mayor Oakes, second Edgerton. The motion carried, noting the absence of Benz and Bowler.

 

At 12:50 A.M., Councilmember Bowler returned to the dais and the order of the agenda returned to item 3.

 

MUNICIPAL MATTERS

 

7. MILLENNIUM WALKWAY LOCATION. Memorandum from Community Resources Director Mary Rooney dated July 15, 1999.

Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the walkway would be adjacent to Noble Park, the walkway dedication would take place January 1, 2000, and the deadline for purchasing bricks was October 1, 1999.

 

Action: To approve the sidewalk on 14th Street at the Strand as the location for the Millennium Walkway, as recommended by staff.

Motion Edgerton, second Bowler. The motion carried, noting the absence of Benz.

 

8. INITIATIVE PETITION TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS TO ELIMINATE HERMOSA BEACH UTILITY USER TAX. Memorandum from City Clerk Elaine Doerfling dated July 7, 1999.

City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

 

Public participation opened at 12:55 A.M. Coming forward to address the council on this item were:

Donley Falkenstien - petition proponent, said the City existed with no problem for 80 years without a utility user tax; said there was a budget surplus; and

Jim Lissner - Hermosa Beach, said Proposition K was not a vote on the six percent tax since it did not provide the opportunity to vote it out.

Public participation closed at 1:01 P.M.

 

Action : To 1) receive and file the report analyzing the fiscal impact of the proposed ordinance, and 2) direct the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the General Municipal Election of November 2, 1999.

Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Benz.

 

At 1:13 A.M., the order of the agenda returned to item 7.

 

9. DISCUSSION OF POSSIBLE MEASURES FOR THE NOVEMBER 2, 1999 BALLOT.

a. Measure submitted by Councilmember Benz requiring all zoning changes be submitted to the voters for approval.

b. Measure submitted by Councilmember Benz changing the height limit to 45 feet in commercial zones.

c. Other possible measures of interest to the City Council.

 

Public participation opened at 1:18 P.M. Coming forward to address the council on this item was:

Shirley Cassell - Hermosa Beach, expressed objection to item b.

 

Public participation closed at 1:19 P.M.

 

Action : There was no action taken on this item.

 

10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. VACANCIES - BOARDS AND COMMISSIONS

APPOINTMENTS TO PLANNING COMMISSION TO FILL TWO EXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated July 8, 1999.

RECOMMENDATION: Appoint/reappoint from among the applicants interviewed earlier this evening to fill the two expired terms on the Planning Commission.

 

Action: Mayor Oakes directed, with Council consensus, to reschedule applicant interviews to 6:30 p.m., July 27, 1999, and continue appointments to the regular meeting of July 27, 1999.

 

b. CITY COUNCIL COMMITTEE ASSIGNMENTS . Memorandum from City Clerk Elaine Doerfling dated July 1, 1999.

 

Action: Mayor Oakes directed, with Council consensus, to continue committee assignments to the meeting of July 27, 1999.

 

12. OTHER MATTERS - CITY COUNCIL

 

a. Request by Councilmember Bowler to consider designating lower Pier Avenue as a "Pedestrian Plaza" .

 

Action: Mayor Oakes directed, with Council consensus, to continue this item to the meeting of July 27, 1999.

 

b. Request by Councilmember Edgerton to direct staff to modify bench seating at South Park Roller Hockey Rink so that small children can view the action while seated .

 

Action: Mayor Oakes directed, with Council consensus, to continue this item to the meeting of July 27, 1999.

 

CITIZEN COMMENTS

 

Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, said Council members should show respect and not call people names; and

Donley Falkenstien - Hermosa Beach, concurred, saying the Council should not insult people.

 

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 14, 1999, at the hour of 1:23 A.M. to the Adjourned Regular Meeting of Tuesday, July 27, 1999, at the hour of 6:30 P.M.

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