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 City of Hermosa Beach --- 07-22-97
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 22, 1997, at the hour of 7:20 P.M.
PLEDGE OF ALLEGIANCE - Joe Diaz, resident
ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced the Gala Celebration to be held by the Sister City Association on Saturday, July 26, 1997, at the Community Center to honor the 90th birthday of Hermosa Beach and the 300th anniversary of Loreto, Mexico.
Mayor Reviczky presented a Certificate of Recognition to Hermosa Beach resident Cindy Wagner who was named the Big Sister Association's National Citizen of the Year, from over 100 nominees throughout the country, for her volunteer work.
Sister City President Dick McCurdy said that a special delegation from Hermosa Beach's Sister City of Loreto, Mexico, had arrived as well as 20 exchange students and all had had dinner at the Fire Station and planned to attend the Gala on Saturday, July 26th. Mr. McCurdy introduced the children, who were asked to come forward for the television camera, then Presidente Ramon Davis who gave a thank-you speech in Spanish, Ruth Martinez, Director of Tourism for Loreto, interpreted Senor Davis' speech, and lastly Dr. Primo, President of the Loreto Sister City Association. All family members were also introduced.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Parker Herriott - (no address given), spoke of a court case involving Redondo Beach; spoke of the ABC and the downtown; Sandra Pfister - 903 Eighth Street, said that she approved of the Council and Council actions; Dianne Humble - 1015 Third Street, said that utility wires were ugly and should be undergrounded; and, Shirley Cassell - Hermosa Beach, questioned why settlement announcements were not made after closed sessions; said that the Council had promised it would make improvements to the ugly Council Chamber; questioned when the parking signs would be changed in high density areas banning cars without resident stickers from parking before 10:00 P.M.; said the Strand Hotel had eliminated ten parking meters and asked if the Hotel had paid for them; and, said she wanted to attend the Coastal Commission meetings.
(b) COUNCIL COMMENTS: Mayor Reviczky said that Beach Drive was in the process of being undergrounded and that any neighborhood could petition for undergrounding if the majority of the residents approved and voted for the assessments.
(c) WRITTEN COMMUNICATION:
Action: To receive and file the letter which details the Rotary Club program to allow yellow bikes to be used free of charge and will be initiated at the Lower Pier Avenue Dedication on Saturday, August 16, 1997. Motion Oakes, second Bowler. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (a) Mayor Reviczky (requested by Jim Lissner in his supplemental letter noted in item 1[a]). Motion Bowler, second Oakes. The motion carried by a unanimous vote.
No one came forward to address the Council on items not removed from the consent calendar.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on July 1, 1997. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received July 22, 1997; and, 2) Minutes of the Regular Meeting held on July 8, 1997.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting.
Deputy City Clerk Naoma Valdes said that the minutes of the Adjourned Regular Meeting of July 1, 1997, would be clerically amended to note the supplemental letter from Mr. Lissner.
Action: To approve the minutes of the Adjourned Regular Meeting of July 1, 1997, as amended to note the supplemental letter from Jim Lissner, 2715 El Oeste Drive received July 1, 1997, and to approve the minutes of the Regular Meeting of July 8, 1997, as presented. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10773 THROUGH 10925, NOTING VOIDED CHECK NO. 10882.
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 JUNE 1997 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report.
Action: To receive and file the June, 1997 Financial Reports as presented.
(e) Recommendation to adopt resolution setting the 1997-98 appropriations limit. Memorandum from Finance Director Viki Copeland dated July 7, 1997.
Action: To approve the staff recommendation to adopt Resolution No. 97-5875, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1997-98.", which sets the appropriations limit for the City of Hermosa Beach for fiscal year 1997-98 as $14,306,861.
(f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN AND ECO-SYSTEM PROJECT. Memorandum from Public Works Director Amy Amirani dated July 16, 1997.
Action: To approve the staff recommendation to adopt Resolution No. 97-5876, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN ECO-SYSTEM PROJECT."
(g) RECOMMENDATION TO AUTHORIZE ADDITIONAL EXPENDITURE FROM PARK IMPROVEMENT FUNDS CIP 97-506 FOR CLARK BUILDING SEISMIC RETROFIT PROJECT IN AN AMOUNT OF $3,175. Memorandum from Public Works Director Amy Amirani dated July 14, 1997.
Action: To approve the staff recommendation to authorize additional expenditure from Park Improvement Fund CIP 97-506 for Clark Building Seismic Retrofit Project in an amount of $3,175 to cover the additional expense of removing asbestos heating duct wrap and other items of work added to the original contract to complete the job, such as removal of the old heaters, installation of new heaters, and insulation of the ceiling for more energy efficiency.
(h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 15, 1997.
Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of July 15, 1997.
2. CONSENT ORDINANCES: None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(a) 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.
PUBLIC HEARINGS
4. REVIEW AND RECONSIDERATION BY THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE A SIDEYARD VARIANCE OF 2.2' RATHER THAN THE REQUIRED 3 FEET AND THE DETERMINATION ESTABLISHING THE PROJECT BASE ELEVATION FOR MEASURING HEIGHT AT THE NEAREST PUBLIC IMPROVEMENT (FLOW LINE OF THE STREET) AT 2429 MYRTLE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 14, 1997. Supplemental information from Jim Berry, 2429 Myrtle Avenue, and Paul Goldman, Mr. Berry's attorney, were received at the meeting.
Community Development Director Blumenfeld presented the staff report, responded to Council questions, and displayed photos of the site. City Manager Stephen Burrell and City Attorney Michael Jenkins also responded to Council questions.
The public hearing opened at 8:16 P.M. Coming forward to address the Council on this item were: John Dunbabin - 2432 Myrtle Avenue, appellant, spoke to the appeal regarding the determination of height for the project from the nearest public improvement(flow line of the street) rather than the property corner point elevations; said that four trucks had dumped 1,100 cubic feet of fill dirt to change the grade level; asked the Council to overturn the Planning Commission decision; Daniel Valenzuela - 2424 Myrtle Avenue, appellant, spoke to the appeal of the variances granted for this project; said that the findings required for a variance under the Municipal Code had not been met; asked the Council to uphold the Code or change it and to overturn the Planning Commission decision; Jim Berry - 2429 Myrtle Avenue, applicant, said that he was requesting two variances in order to keep most of the existing house structure rather than demolishing and rebuilding and to provide rear access with a concrete stairway 23 inches higher than allowed by code in the north sideyard; said substantial erosion had occurred over the years that required fill dirt; asked that the Council not compromise his property rights for the views of his neighbors; Owen Peterson - 21515 Hawthorne Blvd., Torrance, attorney for Mr. Dunbabin, objected to staff footnote #1 which, he said, used other variances granted in the area as the basis for granting this variance rather than a unique circumstance of the property; and, asked the Council not to allow Mr. Berry to gain additional height for his building by dumping dirt on the City easement; Shirley Cassell - Hermosa Beach, said the City had no view ordinance; David Baskerville - 25th Street and Myrtle, said his home had undergone two remodels and each time he had to abide by the building codes in effect; said that the City building code should be kept uniform and enforced so that people could depend on the rules; Jane Berry - 2429 Myrtle Avenue, applicant, said there could be no doubt about the erosion as the sidewalk had collapsed; said it was unfair to attempt to have them build in the sump that this erosion had created so that neighbors across the street could protect their views; said that their adjoining neighbors had no objection to their sideyard variance; said they had circulated petitions signed by 150 people; Susan Renfi - 2112 Monterey Blvd., spoke regarding the right to complain; Lloyd Theodore - 421-5th Street, Manhattan Beach, owner of property south of the Berrys, said that he had no problem with the side yard variance and agreed with the Planning Commission decision to use the nearest public improvement to set the height limit; Paul Goldman - 2640 Hermosa Avenue, attorney for the Berrys, said the Berrys had met the rules required of them and that the Planning Commission agreed and had granted the variance and height determination; asked the Council to concur with that decision; John Carr - 2110 Loma Drive, questioned what portion of the view would be lost by the appellants; John Dunbabin - 2432 Myrtle Avenue, questioned if erosion had occurred on the Berry property as the sidewalk had collapsed many years ago when the footing was dug for the wall, but the wall was showing no signs of erosion; and, Kathy Dunbabin - 2432 Myrtle Avenue, quoted a newspaper article which spoke of view fairness by upholding one standard without variances or capriciousness.
The public hearing closed at 9:00 P.M.
Proposed Action: To deny the appeal. Motion Benz, second Edgerton. The motion was withdrawn by the maker.
Action: To sustain the decision of the Planning Commission to use the nearest public improvement, the flow line of the street gutter, as the basis for measuring the building height. Motion Benz, second Edgerton. The motion carried, noting the objection of Mayor Reviczky.
Further Action: To sustain the decision of the Planning Commission to deny the variance on the north property sideyard and to maintain the maximum allowable height at four feet for the stairway. Motion Oakes, second Edgerton. The motion carried by a unanimous vote.
Proposed Action: To sustain the decision of the Planning Commission to approve the variance on the south property sideyard which allows a ten inch intrusion of the structure into the sideyard. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Edgerton, Oakes and Mayor Reviczky.
Action to Reconsider: To reconsider the prior action regarding the south property variance. Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
Final Action: To sustain the decision of the Planning Commission to approve the variance on the south property sideyard and to direct staff to return with a Resolution reflecting the Council's findings. Motion Edgerton, second Benz. The motion carried, noting the dissenting votes of Oakes and Mayor Reviczky.
The meeting recessed at 9:40 P.M. The meeting reconvened at 10:03 P.M.
5. TEXT AMENDMENT TO ADD "MASSAGE THERAPY" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
The public hearing opened at 10:09 P.M. Coming forward to address the Council on this item were: Maureen Gray - 708 El Redondo, Redondo Beach, business at 200 Pier Avenue, clarified the mandated licensing requirements; asked that modifications be made to the ordinances and urged the Council to adopt these proposed changes to the City Code; and, Shirley Cassell - Hermosa Beach, urged the Council not to approve this item; questioned the effectiveness of the included health standards; asked Council to "clean-up the tenderloin".
The public hearing closed at 10:18 P.M.
Action: To approve the Planning Commission recommendation to waive full reading and introduce Ordinance No. 97-1173 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES.", and, to waive full reading and introduce Ordinance No. 97-1174 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD "MASSAGE THERAPY BUSINESS" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES." Motion Benz, second Bowler.
Amendment: To amend Ordinance No. 97-1173 as follows: 1) Section 5.74.050, License Application, Letter I. to read, "An annual certificate from a medical doctor stating that the applicant and any other massage therapist or massage technician employed or permitted to work by the applicant, has within sixty days prior thereto,..."; and, 2) Section 5.74.060, Facilities Necessary, Letter A. to read, "Minimum lighting shall be provided in accordance with the Uniform Building Code." and delete the remainder of the sentence. Motion Mayor Reviczky, second Edgerton. The motion to amend the main motion carried, noting the dissenting votes of Benz and Bowler.
The vote on the main motion, as amended, was: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None
The public hearing opened at 10:28 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:28 P.M.
Action: To approve the staff recommendation to continue this item to the meeting of September 9, 1997. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
7. METROPOLITAN TRANSPORTATION AUTHORITY (MTA) LOCAL IMPLEMENTATION REPORT AND SELF CERTIFICATION RESOLUTION. Memorandum from Community Development Director Sol Blumenfeld dated July 16, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 10:32 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:32 P.M.
Action: To approve the staff recommendation to adopt Resolution No. 97-5877, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
MUNICIPAL MATTERS
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to receive and file the report on Downtown reinvestment that showed private investment at $33.8 million, public investment at $8.3 million, and a projected total annual revenue addition of $681,358. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
9. STATUS OF THE DOWNTOWN ENHANCEMENT COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Coming forward to address the council on this item was: Shirley Cassell - Hermosa Beach, suggested that the Council redirect the Commission and money to enhance the City entrance corridor at Pacific Coast Highway.
Action: To direct staff to: 1) initiate the required procedures and documents to discontinue the Downtown Business Area Enhancement District Commission with the Council's thanks for a job well done; and, 2) to return, on a future agenda, with the information needed to discuss the formation of a Pacific Coast Highway Enhancement District Commission. Motion Edgerton, second Benz. The motion carried by a unanimous vote.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. MEMORANDUM FROM CITY MANAGER REGARDING EXPANSION OF LOS ANGELES INTERNATIONAL AIRPORT.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item was: Parker Herriott - Hermosa Beach, expressed his concerns regarding the proposed expansion and said he was opposed to any type of expansion.
Action: To approve the staff recommendation to adopt Resolution No. 97-5878, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DEMANDING FUNDS TO MITIGATE THE NEGATIVE IMPACTS LAX HAS ON THE CITY AND THE SOUTHERN CALIFORNIA REGION.", as amended to include the Council's objection to recent changes to the allowable ceiling, and to authorize the Mayor to execute a letter outlining the City's concerns about the proposed expansion of the airport. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. ALCOHOLIC BEVERAGE CONTROL SUBCOMMITTEE REPORT OF ABC ACTIONS IN HERMOSA BEACH. Copy of recent ABC action dated July 16, 1997.
Councilmember Bowler declared a potential conflict of interest due to having a request before the ABC and left the dais and the room at 11:04 P.M.
Council sub-committee members Benz and Edgerton spoke to the issue and said that they had sent a letter to the governor regarding the actions of ABC staff members in regard to dancing. City Manager Burrell responded to Council questions.
Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, cautioned the Council about being too strident in its letter as that could offend the ABC and bring retaliation; Earlene Kern - said that she was pro-dancing but the issue was the proliferation of bars and restaurants; and, Parker Herriott - Hermosa Beach, said that he wanted a copy of the letter referred to by the Council.
Action: To express a Council confirmation of the letter sent to Governor Wilson. Motion Benz, second Edgerton. The motion carried, noting the absence of Bowler.
Councilmember Bowler returned to the dais at 11:24 P.M.
12. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Councilmember Benz to direct staff to develop a fully operational reserve Firefighter Program including paid call positions.
Councilmember Benz withdrew his request.
CITIZEN COMMENTS
Coming forward to address the Council at this time were: Jim Curnutt - 1706 Manhattan Avenue, spoke regarding the deterioration of painted markings for pedestrian crosswalks at the intersections of Ardmore Ave./Pier Ave., 22nd St./Hermosa Ave., and 16th St./Manhattan Ave.; said the traffic engineer had said that there were no plans to re-paint the marking; said that the parking space markings on Manhattan Avenue also needed to be re-painted; Parker Herriott - Hermosa Beach, listed additional crosswalks in need of painting as Pier Ave./Pacific Coast Hwy. and 24th St./Manhattan Ave.; said he thought the money spent in the downtown was a waste; Shirley Cassell - Hermosa Beach, questioned how the closed session could include the AVP lawsuit as Hermosa was not a party to that suit; and, Earlene Kerns - objected to lack of professionalism of the Council and the type of businesses in the downtown area.
City Attorney Jenkins said that the City had been named in the AVP lawsuit involuntarily and therefor needed to discuss the issue. Mr. Jenkins continued that decisions were announced if anyone was still here at the conclusion of the closed session and then sent to the City Clerk for inclusion in the minutes of the meeting.
City Attorney Jenkins also said that an item, potential City initiation of litigation under Government Code Section 54956.9(c): Stull v. Bank of America, needed to be added to tonight's closed session agenda and that in order to add this item two findings must be made; 1) that the need to discuss the item arose after the agenda had been posted, and 2) that there was an immediate need to take action on the item. Mr. Jenkins said that both findings were met by this item.
Action: To add the urgency item listed by Mr. Jenkins to tonight's closed session agenda as the item had arisen after the agenda had been posted and the item needed immediate attention. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH LEGAL COUNSEL
a) Existing Litigation: Pursuant to Government Code Section 54956.9(a): Name of Case: Association of Volleyball Profes-sionals v. California Coastal Commission Case Number: BS045799
b) Initiation of Litigation: Pursuant to Government Code Section 54956.9(c): Name of Case: Stull v. Bank of America Case Number: 968-484, San Francisco County Superior Court
2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations:
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 1997, at the hour of 11:40 P.M. to a Closed Session.
CLOSED SESSION - The Closed Session convened at the hour of 11:45 P.M. At the hour of 12:30 A.M. the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS - City Attorney Jenkins announced that a unanimous vote of all members of the City Council had been to initiate litigation through intervention in Stull v. Bank of America, case no. 968-484, San Francisco County Superior Court.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 23, 1997, at the hour of 12:31 A.M. to the Adjourned Regular Meeting of Tuesday, August 12, 1997, at the hour of 6:00 P.M. for the purpose of Parks, recreation and Community Resources Advisory Commission interviews, to be followed by the Regular Meeting at the hour of 7:00 P.M.
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