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 City of Hermosa Beach -- 05-29-97
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 29, 1997, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Betty Ryan, resident
ROLL CALL : Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Councilmember Oakes apologized and announced that she would have to leave early tonight due to a death in her family.
Councilmember Edgerton questioned the proposed rate increase by Century Cable and was told that protests could be made jointly with Manhattan Beach or each city could file its own protest.
Councilmember Benz questioned the unusual, uncomfortable benches in the downtown Pier Avenue renovation.
Mayor Reviczky announced that tonight's meeting would be adjourned in memory of Councilmember Oakes' father-in-law, Leland Oakes.
PRESENTATIONS:
PRESENTATION TO THE HERMOSA BEACH FILM FESTIVAL COMMITTEE
Mayor Reviczky thanked the members of the Film Festival Committee for their work and a job well done and presented them with a glass trophy, made by Dick McCurdy, of the type that had been presented to the winners of the film categories.
The Film Festival members thanked the City and the Council for the support that they had been given.
PRESENTATION OF A CHECK FOR $1000 FOR THE CITY'S 90TH BIRTHDAY CELEBRATION TO THE HERMOSA BEACH SISTER CITY ASSOCIATION FROM THE HERMOSA BEACH WOMAN'S CLUB
Betty Ryan of the Woman's Club presented a check in the amount of $1,000 to Jean Lombardo and Dick McCurdy of the Hermosa Beach Sister City Association to be used for the gala dinner dance celebration of the 90th Birthday of Hermosa Beach and the 300th anniversary of its Sister City, Loredo, Mexico, to be held outdoors at the Community Center tennis courts on Saturday, July 26, 1997, at 7:00 P.M. for a donation of $25.00 for adults and $10.00 for children.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: John Hales - Hermosa Beach, thanked the City for repainting the yellow line on the Strand; and, Carol Barnaby - 1223 Hermosa Avenue, concerned about the cost of the benches for Noble Park; said that the Manhattan Beach Strand had benches for people to sit, rest and watch the view but Hermosa Beach Strand had nowhere for the elderly or the handicapped to sit, rest and be out of danger from speeding bicycles, skaters or skateboards; showed photos.
City Manager Stephen Burrell announced that an item had arisen after the posting of the agenda that the Council might wish to consider as an urgency matter.
City Attorney Michael Jenkins said that two findings must be made in order to consider this item: 1) that the matter presented an immediate need to take action, and, 2) that the matter had arisen after the agenda had been posted, both of which were met by this item. Mr. Jenkins continued that in order to hear this item a four-fifths vote was needed.
Action: To consider the request by the AVP to approve a Hermosa Beach Open Volleyball Tournament for June 13-15, 1997, as an urgency item with an immediate need for action that arose after the agenda was posted, to hear the matter as the last item under Municipal Matters, item 9, and to renumber the remaining items. Motion Edgerton, second Benz. The motion carried by a unanimous vote.
(b) COUNCIL COMMENTS:
Mayor Reviczky clarified that the high cost of the wooden benches for Noble Park was due to a special treatment that was given to the wood benches in order for them to withstand the sun and the salt air.
Councilmember Benz complimented the Firefighter's Association on its very successful Pancake Breakfast.
(c) WRITTEN COMMUNICATION:
1. Letter from John Rogers of Seasprites Daycare Center regarding placement of a memorial for Haley Rogers in Hermosa Valley Park consisting of a park bench and a tree.
City Manager Burrell said that this bench would be the same type as the one in Noble Park.
Action: To direct staff to work with Mr. Rogers on this project. Motion Benz, second Oakes. The motion carried by a unanimous vote
2. Letter from Donley Falkenstien regarding proposed closure of Pier Avenue from vehicular traffic and elimination of all parking spaces.
Action: To receive and file. Motion Benz, second Bowler. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Mayor Reviczky, (j) Edgerton, (k) Benz, (m) Mayor Reviczky, and (n) Edgerton. Motion Bowler, second Benz. The motion carried by a unanimous vote.
No one came forward to address the Council on items not removed from the consent calendar.
At 7:41 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) Minutes of the Regular Meeting held on May 13, 1997; and,2) Minutes of the Adjourned Regular Meeting held on May 15, 1997.
Action: To approve the minutes of the Regular Meeting of May 13, 1997 and the Adjourned Regular Meeting of May 15, 1997 as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10188 THROUGH 10313 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 10019 AND 10242 AS REQUESTED BY THE CITY TREASURER.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.
Action: To receive and file the tentative future agenda items as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report.
Action: To receive and file the April, 1997, Financial Reports as presented.
(e) RECOMMENDATION TO SET TUESDAY, JULY 8, 1997, AS A PUBLIC HEARING TO DISCUSS VEHICLE ACCESS TO LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated May 21, 1997.
Action: To approve the staff recommendation to set Tuesday, July 8, 1997, as a public hearing to discuss vehicle access to lower Pier Avenue.
(f) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A HOLIDAY TREE LOT FOR THE 1997 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated May 21, 1997.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to approve the use of the Community Center lawn by the Kiwanis Club to operate a Holiday tree lot for the 1997 holiday season with the following conditions:
(g) RECOMMENDATION TO APPROPRIATE DONATIONS TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated May 22, 1997.
Action: To approve the staff recommendation to appropriate the following donations to the Community Resources Department:
(h) RECOMMENDATION TO AWARD CONTRACT TO EASTWOOD TENNIS SURFACE, INC. IN THE AMOUNT OF $9,800 FOR GRINDING, RESURFACING AND RE-STRIPING OF THE SOUTH PARK ROLLER HOCKEY RINK. Memorandum from Public Works Director Amy Amirani dated May 21, 1997.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting due to his request for an expense and revenue statement for the operation of the roller hockey rink.
Action: To direct staff to bring the item back at the budget workshop of June 3, 1997, with the expense and revenue statement. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote.
(i) RECOMMENDATION TO AWARD CONTRACT TO SASE COMPANY IN THE AMOUNT OF $13,181.06 FOR THE PURCHASE OF TWO A VON ARX MODEL SURFACE PREPARATION MACHINES. Memorandum from Public Works Director Amy Amirani dated May 21, 1997.
Action: To approve the staff recommendation to:
(j) RECOMMENDATION TO AUTHORIZE THE PURCHASE AND INSTALLATION OF THREE (3) BENCHES FOR NOBLE PARK AND APPROPRIATE $3,500 FROM THE PARKS FUND TO COVER THE COST. Memorandum from City Manager Stephen Burrell dated May 22, 1997.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to questions regarding the length of time before the benches are installed and concerns about malfunctioning sprinklers, saying that some areas received too much water and some areas received none.
City Manager Burrell responded to Council questions and said that it would take at least six weeks to order the benches and an additional week to install them, so the benches would be in place approximately mid-August.
Action: To approve the staff recommendation to authorize the purchase and installation of three (3) benches for Noble Park and appropriate $3,500 from the parks fund to cover the cost and to direct staff to correct the sprinkler system. Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote.
(k) RECOMMENDATION TO ALLOW USE OF INCENTIVE AND CONTINGENCY FUNDING PREVIOUSLY ALLOCATED TO THE LOWER PIER AVENUE STREETSCAPE PROJECT TO COVER ADDITIONAL ARCHITECTURAL, CONSTRUCTION MANAGEMENT AND CONSTRUCTION RELATED COSTS ON THAT PROJECT. Memorandum from Public Works Director Amy Amirani dated May 22, 1997.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding how much the additional work would cost and the justification for the additional cost.
City Manager Burrell responded to Council questions. Public Works Director Amy Amirani also responded to Council questions saying that $36,000 was for the architectural firm, IBI, and that ASL, the construction management firm overseeing the contractor's work, would need $24,000.
Action: To approve the use of $60,000, allocated for incentive funding and the remaining contingency funding, to the Lower Pier Avenue Streetscape Project (CIP 94-160) to cover additional architectural, construction management and construction related costs on that project. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Edgerton.
(l) RECOMMENDATION TO ADOPT RESOLUTION DECLARING INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-98 FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998, AND APPOINTING A TIME AND A PLACE FOR PUBLIC HEARING IN RELATION THERETO.
Action: To approve the staff recommendation to adopt Resolution No. 97-5855, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998 FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO."
(m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-98. Supplemental information from the Public Works Department containing the engineer's report received May 29, 1997.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting due to not having the engineer's report included with the staff item, but, as the report had come in as a supplemental item it had answered Mr. Reviczky's questions.
Action: To approve the staff recommendation to adopt Resolution No. 97-5858, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998." Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote.
(n) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 20, 1997. Supplemental letter from Robert Wickwire, 2900 Amby Place, regarding plans and permits for two-unit condos at 609 & 613 - 30th Street, received May 29, 1997.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to questions regarding the Supplemental letter from Robert Wickwire.
Community Development Director Blumenfeld responded to Council questions. City Attorney Jenkins also responded to Council questions saying that a zone change could not be made without a public hearing.
Action: To receive and file the letter from Robert Wickwire. Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
Further Action: To remove item 9, sign variance for Vasek Polak's BMW dealership at 2901 & 3001 Pacific Coast Highway, from the action minutes for Council review and reconsideration. Motion Benz, second Edgerton. (note: two Councilmembers may remove an item for reconsideration without a full vote of the Council.)
Final Action: To approve the staff recommendation to receive and file the balance of the action minutes from the Planning Commission meeting of May 20, 1997. Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(h), (j), (k), (m) and (n) were heard at this time but are shown in order for clarity.
Public comments on items removed from the consent calendar are shown under the appropriate item.
The meeting recessed at 8:34 P.M.
The meeting reconvened at 8:56 P.M., noting the absence of Councilmember Oakes, and returned the order of the agenda to Municipal Matters starting with item 6.
PUBLIC HEARINGS
4. TEXT AMENDMENT TO ADD THERAPEUTIC MASSAGE TO COMMERCIAL PERMITTED USE LIST.
The public hearing opened at 7:43 P.M. Coming forward to address the Council on this item was: Maureen Gray - Redondo Beach, said that she had a therapeutic massage business in Hermosa Beach and was concerned that the City had no standards in place to govern the experience or the knowledge a person must have to practice this type of work.
The public hearing closed at 7:45 P.M.
Action: To continue this item to the Regular Meeting of June 10, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
5. RECONSIDERATION OF A PLANNING COMMISSION DETERMINATION TO PERMIT OUTDOOR DINING ALONG PIER AVENUE THROUGH APPROVAL OF A PARKING PLAN, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION . Memorandum from Community Development Director Sol Blumenfeld dated May 21, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:48 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:48 P.M.
Action: To approve the staff recommendation to: 1) waive full reading and introduce Ordinance No. 97-1171 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION."; 2) adopt Resolution NO. 97-5856, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUBMIT REQUESTS TO THE COASTAL COMMISSION TO IMPLEMENT ELEMENTS OF THE DOWNTOWN IMPROVEMENT PROJECT, INCLUDING A REQUEST FOR A LAND USE PLAN AMENDMENT TO CHANGE THE DESIGNATION OF PIER AVENUE FROM A COLLECTOR TO A LOCAL STREET AND AN APPLICATION FOR A COASTAL DEVELOPMENT PERMIT TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND TO INSTALL PARKING METERS TO CHARGE FOR SHORT-TERM PARKING ON UPPER PIER AVENUE."; and, 3) adopt Resolution NO. 97-5857, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S DECISION TO APPROVE A PARKING PLAN FOR A REDUCED PARKING REQUIREMENT AND TO ACCEPT SET ASIDE FUNDS IN-LIEU OF PROVIDING REQUIRED PARKING TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Edgerton, second Benz.
AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None
The order of the agenda was returned to item 3 for items removed from the consent calendar.
MUNICIPAL MATTERS
6. SPECIAL STUDY TO EXAMINE THE STATUS OF THE EXISTING LAND USES LOCATED ON VARIOUS LOTS ZONED M-1 INCONSISTENT WITH THE GENERAL PLAN DESIGNATION . (Continued from meeting of May 13, 1997) Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To change the basic zone to Residential with an Commercial-Manufacturing overlay. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Mayor Reviczky and the absence of Oakes.
7. CENTURY CABLE RATE INCREASE FOR BASIC CABLE SERVICE. Memorandum from Assistant City Manager Mary Rooney dated May 20, 1997. Supplemental letters opposing the rate increase from Doreen Myhers, 357 - 31st Street and Aileen Martin, 329 - 31st Street, dated May 29, 1997.
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Public participation opened at 9:54 P.M. Coming forward to address the Council on this item were: Greg Butler - Interim General Manager for Century Cable, responded to Council questions. Robert Wickwire - 2900 Amby Place, said that he believed the company would not benefit from the increase as many other people would do as he intended to do and drop their premium channels; and, said that the inflation rate quoted was for Connecticut, not for California.
Public participation closed at 10:15 P.M.
Action: To approve the staff recommendation to approve the following steps as the City's response to the 22 percent rate increase (from the current $20.08 to $24.61 to start July 1, 1997) for basic cable service:
Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes.
The meeting recessed at 10:18 P.M. The meeting reconvened at 10:22 P.M.
8. PARKING STRUCTURE COMMITTEE PROPOSAL . Memorandum from Public Works Director Amy Amirani dated May 20, 1997.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to set up a committee to oversee the implementation of the proposed parking structure located at 13th Street and Hermosa Avenue and to select Councilmember Bowler and Mayor Reviczky as the Council sub-committee members. Motion Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes.
9. CONSIDERATION OF THE REQUEST BY THE AVP TO APPROVE A HERMOSA BEACH OPEN VOLLEYBALL TOURNAMENT FOR JUNE 13-15, 1997, AS AN URGENCY ITEM THAT AROSE AFTER THE AGENDA WAS POSTED.
City Manager Burrell presented the staff report and responded to Council questions saying this action would be contingent on the actions regarding the tournament in Manhattan Beach.
Public participation opened at 10:35 P.M. Coming forward to address the Council on this item were: John Stevenson - representing the AVP, said this request was being made in order to have this tournament held in the South Bay and to have maximum flexibility considering the investment made by the organization; spoke on the staging of the event and said that the AVP was flexible if there were problems; said that this would be a free tournament; responded to Council questions; and, Donley Falkenstien - Hermosa Beach, spoke in opposition to the event and requested that the Council deny the request; submitted information.
Action: To approve the request contingent upon the City Manager and City Attorney being able to resolve any potential liability problems with the downtown Pier Avenue contractor. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Mayor Reviczky and the absence of Oakes.
City Attorney Jenkins clarified that the motion delegated the City Manager to negotiate with the AVP and with the downtown contractor to avoid conflict or liability to the City, that this agreement would be entered into only if an injunction prevented it from being held in Manhattan Beach, and that as a non-paid admission event it would not be subject to review by the Coastal Commission and was exempt from CEQA.
Final Action: To present a report to the Council at the Tuesday, June 3, 1997, budget workshop. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. SKATEBOARDING - HAZARDOUS RECREATIONAL ACTIVITY LIABILITY PROTECTION FOR CITIES - AB1296. Memorandum from City Manager Stephen Burrell dated May 20, 1997.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to direct that a letter of support be sent to Assemblymember Bowen and direct staff to track the bill and express the City's support when the issue comes up in the legislative process. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes.
11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. DEADLINE FOR PLACEMENT OF MEASURES ON THE NOVEMBER 4, 1997 BALLOT. Memorandum from City Clerk Elaine Doerfling dated May 19, 1997.
City Clerk Doerfling presented the staff report.
Action: There was no action taken on this item.
12. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Councilmember Benz for discussion of the Coastal Commission decision regarding paid admission for beach events. Memorandum from Councilmember Benz dated May 19, 1997.
Councilmember Benz spoke to his request.
Proposed Action: To challenge the Coastal Commission action. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler and Mayor Reviczky and the absence of Oakes.
b. Request from Mayor Pro Tem Edgerton for consideration of providing a six month waiver of encroachment fees to Lower Pier Avenue restaurants having outdoor dining.
Councilmember Edgerton spoke to his request.
Proposed Action: To provide a six month waiver of encroachment fees to Lower Pier Avenue restaurants having outdoor dining. Motion Edgerton. The motion died due to the lack of a second.
CITIZEN COMMENTS
Coming forward to address the Council at this time was: Robert Wickwire - 2900 Amby Place, urged the Council to halt the proliferation of condos on 30th Street; said that there would be a much greater tax base from expensive single family homes than from the minimal condos now being built; asked the Council to compare First Street in Manhattan with 30th Street in order to realize the potential for the street; asked that the Council stop the "fast-buck" contractors.
City Manager Burrell announced that the scheduled closed session would not be held tonight.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 29, 1997 at the hour of 11:25 P.M., in memory of Leland Oakes, father-in-law of Councilmember Julia Oakes, to the Adjourned Regular Meeting of Tuesday, June 3, 1997 at the hour of 7:10 P.M.
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