MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 12, 1999, at the hour of 7:20 P.M.

 

PLEDGE OF ALLEGIANCE - Michael Jenkins, City Attorney

 

ROLL CALL :

Present: Bowler, Edgerton, Reviczky, Mayor Oakes

Absent: Benz (arrived at 7:28)

 

PROCLAMATIONS/PRESENTATIONS:

 

DOMESTIC VIOLENCE AWARENESS MONTH, OCTOBER, 1999

 

Mayor Oakes read the proclamation and presented it to Charlotte Lessor of the Beach Cities Health District who supplied information to the Council regarding upcoming workshops.

 

TOASTMASTERS

 

Mayor Oakes read the proclamation, presented it to a member of the Toastmasters and proclaimed the month of November, 1999, as Toastmaster recognition month.

 

CERTIFICATE OF RECOGNITION TO THE CIVIC LIGHT OPERA OF SOUTH BAY CITIES, THE HERMOSA BEACH PLAYOUSE AND JAMES BLACKMAN.

 

Mayor Oakes read the proclamation and presented it to Executive Director James Blackman in recognition of the nomination for an Ovation award for best production with "West Side Story."

 

PUBLIC PARTICIPATION : .

 

(a) ORAL COMMUNICATIONS

 

Coming forward to address the Council at this time were:

Missy Sheldon - The Strand, spoke regarding a misleading headline in "The Daily Breeze" that seemed to imply that the majority of Council candidates opposed the Utility User Tax when in fact they opposed Measure D which would eliminate the tax as revenue for the City;

Jim Lissner - El Oeste Drive, requested that Item 1(f) be removed from the consent calendar; requested that a video tape that he had recorded of the Chamber of Commerce Candidate Forum be allowed to be aired on the City cable channel 8 rather than the public access channel 54;

Betty Ryan and Eleanor Lynn - representing the Woman's Club, presented announcements to the Council about the Eighth Annual Pancake Breakfast to be held on Sunday, October 17, 1999, from 8:00 A.M. until noon at the Clark Building on Valley Drive;

Val Straser - Police Chief, spoke of the car show immediately after the pancake breakfast at Clark Field on Sunday, October 17, 1999;

Fred Huebscher - 16th Street, donated soap for the City rest rooms;

John Workman - City Treasurer, said if anyone had questions about Municipal Banking, that his door was always open;

Donley Falkenstien - 34th St., spoke on Measure D;

Rob Strokey - questioned the noticing for residential development standards; thought the city should send letters to everyone that might be affected by any changes; (Mayor Oakes and City Manager Stephen Burrell responded to statements by Mr. Strokey and invited everyone to the workshop meetings.)

Jerry Compton - agreed with statements made by Mr. Strokey;

Al Bowman - presented information to the Council, said he has not seen a crime problem in the downtown area, rather it is a promotional problem through the media; felt there was a potential for serious financial problems for the City due to the Macpherson oil contract cancellation; and thanked Councilmember Benz for his tenure in office;

Luke Saddam - said that he wanted to be able to build as much as possible on his property to accommodate possible increases to his family; and,

Jim Lissner - El Oeste Drive, asked that item 1(a) be removed from the consent calendar.

 

(b) COUNCIL COMMENTS : Councilmembers Bowler, Edgerton and Reviczky, along with Mayor Oakes, spoke on Measure D and urged the citizens to vote NO on the measure to abolish the Utility User Tax as the amount of $1,700,000 that would be taken from the budget if the tax were abolished would be 14 percent of the budget and would cut too deeply into the City's ability to provide basic safety protection.

 

Councilmember Benz said that he supported eliminating the tax as he did everything that he could to avoid paying taxes.

 

(c) WRITTEN COMMUNICATION

:

 

 

City Manager Burrell told Council that bicycles had been banned from Noble Park.

 

Action: Mayor Oakes directed, with the consensus of the Council, to receive and file the letter.

 

2. Letter from Jim Lissner requesting to make a Presentation to the City Council.

 

City Attorney Michael Jenkins said that this section was really a formal receipt of letters from residents and as such should have the subject agendized for a future meeting in order for action to be taken.

 

Coming forward to address the Council on this item was:

Jim Lissner - El Oeste Drive, spoke to his letter, submitted additional material.

 

Action: To direct staff to review the material and report back to Council.

Motion Reviczky second Bowler. The motion carried by a unanimous vote.

 

1. CONSENT CALENDAR :

 

Action : To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky for Jim Lissner, (e) Reviczky, (f) Reviczky for Jim Lissner, (k) Bowler and (l) Edgerton. In addition, City Manager Burrell requested that item (j) be continued to a future meeting.

Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

Councilmember Benz questioned the amount of workman's compensation paid in item 1(b). City Manager Burrell said that this subject would be coming before the Council at the next meeting.

 

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

 

At 8:41 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.

 

(a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 14, 1999 .

 

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting at the request of Jim Lissner.

 

Coming forward to address the Council on this item was:

Jim Lissner - El Oeste Drive, requested that changes or additions be made to items 6, 8 and 10.

 

Action : To approve the minutes of the regular meeting of the City Council held on September 14, 1999, as presented.

Motion Benz, second Reviczky. The motion carried by a unanimous vote.

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18849 TO 18974, NOTING VOIDED CHECK NO. 18970, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 18173, 18495, 18716, AND 18886, AS RECOMMENDED 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 AUGUST, 1999, FINANCIAL REPORTS . Memorandum from Finance Director Viki Copeland dated October 7, 1999.

 

Action : To receive and file the memorandum regarding the August, 1999, Financial Reports, which will be presented at the next meeting.

 

5. RECO MMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE POLICE DEPARTMENT FOR THE FOLLOWING PURPOSES : Memorandum from Finance Director Viki Copeland dated October 5, 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 approve the staff recommendation to accept and appropriate the listed donations given to:

Community Resources Department for the Roller Hockey Program from:

• Round Table Pizza - $250.00
• Tony Maroni's Famous Gourmet Pizza - $150.00; and,

Police Department for the D.A.R.E. Program from:

• Dee Strange - $25.00

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

(f) RECOMMENDATION TO AWARD CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS AT HERMOSA AVENUE AND 14TH STREET AND HERMOSA AVENUE AND 13TH STREET TO INSPECTION ENGINEERING CONSTRUCTION OF COAST MESA IN THE AMOUNT OF $164,759.00 . Memorandum from Public Works Director Harold Williams dated September 29, 1999.

 

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting at the request of Jim Lissner.

 

Coming forward to address the Council on this item was:

Jim Lissner - El Oeste Drive, requested that this contract not be awarded as he believed the new traffic signals to be unneeded at this time.

 

Action : To approve the staff recommendation to:

1. Authorize the award of Traffic Signal Improvements to Inspection Engineering Construction of Costa Mesa in the amount of $164,759;
2. Authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval of the City Attorney; and
3. Authorize the Director of Public Works to issue change orders as necessary not to exceed $16,476.

Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

 

(g) R ECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25093 FOR A 2-UNIT CONDOMINIUM AT 1646-1648 LOMA DRIVE . Memorandum from Community Development Director Sol Blumenfeld dated October 4, 1999.

 

Action: To approve the staff recommendation to adopt Resolution No. 99-6030, entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25093 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 1646-48 LOMA DRIVE, HERMOSA BEACH, CALIFORNIA ."

 

(h) RECOMMENDATION TO RESCIND THE AWARD MADE TO BFL/OWEN,INC. AND AUTHORIZE STAFF TO ISSUE A CHANGE ORDER TO GORDON H. CHONG & PARTNERS FOR CIP 96-624 NORTH PIER PARKING STRUCTURE . Memorandum from Public Works Director Harold Williams dated September 30, 1999.

 

Action : To approve the staff recommendation to rescind the award made to BFL/Owen, Inc. and authorize staff to issue a Change Order to Gordon H. Chong & Partners.

 

(i) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR . Memorandum from Personnel Director Michael Earl dated October 6, 1999.

• Claimant: Brooks, Jeffrey A.

• Date of Loss: 08/30/99

• Date Filed : 09.21/99

• Allegation : Overspray on car by painting of limit lines.
  

• Claimant: USSA as Subrogee of Erik Armstrong

• Date of Loss: 05/30/99

• Date Filed : 10/05/99

• Allegation : Vehicle damage due to obstructed view of stop sign.
  

• Claimant: Plenge, Wendi Brunell

• Date of Loss: 08/11/99

• Date Filed: 09/30/99

• Allegation: Tire damaged by storm drain cover.
  

Action : To approve the staff recommendation to deny the above claims and refer to the City’s Liability Claims Administrator.

 

(j) RECOMMENDATION TO AWARD THE DESIGN CONTRACT FOR CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES TO PURKISS ROSE - RSI OF FULLERTON, CALIFORNIA, FOR A FEE OF $174,500 . Memorandum from Public Works Director Harold Williams dated October 4, 1999.

 

Action : To continue this item to the meeting of October 26, 1999, as requested by staff.

 

11. RECOMMENDATION TO DENY APPLICATION TO FILE A LATE CLAIM FILED BY PHILLIPS PETROLEUM, ET AL . Memorandum from Personnel Director/Risk Manager Michael Earl dated October 6, 1999

 

This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting.

 

City Attorney Jenkins responded to Council questions saying the supposed damage was due to the possibility of household waste being deposited by the City's trash hauler to a landfill from 1959 through 1965.

 

Action: To approve the staff recommendation to deny the application to file a late claim filed by Phillips Petroleum, et al. on grounds of:

1. the application is not timely since it is more than one year after the accrual of the cause of action; and
2. the late claim procedure arguably does not apply to claims subject to the one year statute of limitations applicable to the property damage claims at issue in this matter

Motion Bowler, second Edgerton. The motion carried by unanimous vote.

 

11. RECOMMENDATION THAT THE CITY COUNCIL REQUEST THAT THE FIESTA SUBCOMMITTEE MEET WITH THE CHAMBER OF COMMERCE AND PREPARE A REPORT FOR THE DECEMBER 14, 1999, MEETING. Memorandum from City Manager Stephen Burrell dated October 7, 1999.

 

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

 

Action : To approve the staff recommendation to request that the Fiesta Subcommittee, comprised of Councilmember Edgerton and Mayor Oakes, meet with the Chamber of Commerce and prepare a report for the December 14, 1999, meeting.

Motion Edgerton, second Benz. The motion carried by unanimous vote.

 

2. CONSENT ORDINANCES

 

 

City Manager Burrell responded to Council questions.

 

Action: To waive full reading and adopt Ordinance No. 99-1194.

Motion Bowler, second Edgerton.

 

AYES: Benz, Bowler, Edgerton, Reviczky

NOES: None

ABSTAIN: Mayor Oakes

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

 

Items 1(a), (e), (f), (k), and (l) 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 the hour of 8:55 P.M.

The meeting reconvened at the hour of 9:28 P.M.

 

PUBLIC HEARINGS

 

1. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE . Memorandum from City Manager Stephen Burrell dated October 7, 1999.

 

City Manager Burrell requested that this item be continued to the regular meeting of October 26, 1999.

 

The public hearing opened at 8:42 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:42 P.M.

 

Action : To approve the staff recommendation to continue this item to the October 26, 1999, meeting.

Motion Reviczky, second Bowler. The motion carried, noting the abstention vote of Councilmember Edgerton.

 

At the hour of 8:43 P.M. the order of the agenda was returned to item 2.

 

MUNICIPAL MATTERS

 

5. ORDINANCES AND A RESOLUTION AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM CENTURY COMMUNICATIONS CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION. Memorandum from Community Resources Director Mary Rooney dated September 20, 1999. Two supplemental information items received from Adelphia on October 12, 1999.

6.  

Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions.

 

Coming forward to address the Council was:

At the hour of 9:58 P.M., Councilmember Bowler declared that a matter of personal urgency had arisen and left the dais and the room.

 

Public participation opened at 10:08 P.M. Coming forward to address the Council on this item were:

Councilmember Bowler returned at the hour of 10:32 P.M.

 

Public participation closed at 10:51 P.M.

Action: To approve the staff recommendation to waive full reading and adopt Urgency Ordinance No. 99-1195-U , entitled, " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF . "

Motion Edgerton, second Benz.

 

AYES: Benz, Edgerton, Reviczky, Mayor Oakes

NOES: None

ABSTAIN: Bowler

Further Action: To introduce and waive full reading of Ordinance No. 99-1195 , entitled, " AN ORDINACE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY ."

Motion Edgerton, second Benz.

 

AYES: Benz, Edgerton, Reviczky, Mayor Oakes

NOES: None

ABSTAIN: Bowler

Final Action: To adopt Resolution No. 99-6031 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION . ", as amended in Section 3 to add paragraph C. to read, " Within sixty (60) days of the date hereof, Transferee shall cure any deficiencies in the provision of public access as required by the Franchise .", and to add paragraph D. to read, " At the Franchise Authority's option, Transferee shall provide the City with equivalent services, benefits, terms and conditions as may be negotiated with the cities of Redondo Beach and Manhattan Beach in connection with approval of the transfer of control to Transferee in those cities ."

Motion Edgerton, second Benz,

 

AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes

NOES: None

ABSTAIN: Bowler

6.  

7. PROPOSAL TO ENACT A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE IN THE DOWNTOWN AREA AS DEFINED . Memorandum from City Manager Stephen Burrell dated September 9, 1999.

8.  

City Manager Burrell presented the staff report and responded to Council questions. Mr. Burrell said that although the agenda said this moratorium was for the downtown area, in effect it was for the entire City, and that there were no requests to convert commercial space to restaurant use at this time.

 

Action : To bring this back as an agenda item for the regular meeting of December 14, 1999, as a moratorium for the downtown area only.

Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote.

7.  

8. DOWNTOWN SPECIFIC PLAN . Memorandum from Community Development Director Sol Blumenfeld dated October 4, 1999.

9.  

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

 

Action : To direct staff to notice a special workshop meeting for Tuesday, November 30, 1999, to identify problems within the downtown area.

Motion Bowler, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz.

8.  

9. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO ESTABLISH RESTRUCTIONS AND REQUIREMENTS FOR USE OF THE BEACH FOR TEMPORARY EVENTS AND COMMERCIAL ADVERTISING . Memorandum from City Clerk Elaine Doerfling dated October 4, 1999.

 

Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

 

Coming forward to address the Council on this item was:

Donley Falkenstien - said that Community Resources Director Mary Rooney had already prepared a report.

 

Action: To approve staff alternative (c.), to order a report pursuant to Section 9212, to be presented at the meeting of November 9, 1999, that would include:

1. legality of the various sections to be returned by the City Attorney; and,
2. financial impact on the City and/or any organization wishing to hold an event in Hermosa Beach;

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

9. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS . Memorandum from City Clerk Elaine Doerfling dated October 4, 1999.

 

Deputy City Clerk Valdes presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions.

 

Coming forward to address the Council on this item were:

Jim Lissner - El Oeste Drive, questioned if the Council would call a special election for these two items rather than wait until November of 2001; and,

Donley Falkenstien - 34th Street, spoke on the origin of the measure.

 

Action: To approve staff alternative (c.), to order a report pursuant to Section 9212, to be presented at the meeting of November 9, 1999, that would include a legal interpretation of the measure to determine when it would take effect, if passed.

Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote.

 

10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

12. OTHER MATTERS - CITY COUNCIL

 

Requests from Council members for possible future agenda items:

 

a) Request by Councilmember Benz that portable toilets be placed in the downtown area .

 

Councilmember Benz spoke to his request. City Manager Burrell responded to Council questions.

 

Action : Mayor Oakes directed, with the consensus of the Council, that staff investigate providing the type of modular "Port-a-Potty" seen in the City of San Jose and report back to Council.

 

In response to an additional request from Jim Lissner that his video tape of the candidate forum be aired on the City channel 8 rather than the public access channel 56, Council consensus was to leave the decision to the City Manager after he viewed the tape.

 

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 12, 1999, at the hour of 12:02 A.M. to the Regular Meeting of Tuesday, October 26, 1999, at the hour of 7:10 P.M.

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