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 City of Hermosa Beach --- 10-27-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 27, 1998, at the hour of 7:20 P.M.
PLEDGE OF ALLEGIANCE - Hermosa Valley School students led by Rebecca Hellerman
ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz congratulated the Woman's Club for the success of its seventh annual Pancake Breakfast and Project Touch for its Classic Auto Show.
Councilmember Reviczky requested that tonight's meeting be adjourned in memory of Jerry Littman, long-time Hermosa resident and former president and coach of the Hermosa Beach Little League. The request was seconded by Mayor Benz and agreed to by the unanimous vote of the Council.
PRESENTATIONS:
RECOGNITION OF S.T.A.R. BUSINESSES
Carol Duff, Hermosa Beach Chamber of Commerce, presented the S.T.A.R. Business Recognition to Dave Astor, manager of Ralphs Grocery for being one of the top sales tax producers for the City of Hermosa Beach.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Danny Radell - 1273 Seventh Street, with his son, D'Artagnan, said that he was a new resident of Hermosa Beach and enjoyed the City very much, but, expressed concern with the new stop light installed by Caltrans at Eighth Street and Pacific Coast Highway; said this caused a great deal of unnecessary travel through residential streets and asked if the City could do anything to have the change reversed; Betty Ryan - 588 20th Street, requested that items 1(h) be removed from the consent calendar and item 2(b) be removed as a consent ordinance in order for the two to be heard together; requested that when the items were heard that the City Attorney define the term "in the first instance", as it was ambiguous; and, Al Valdes - 2840 Amby Place, said that he was opposed to item 2(b).
(b) COUNCIL COMMENTS: None
(c) WRITTEN COMMUNICATION:
1. Letter from Jim Lissner dated October 14, 1998 requesting street-posted noticing of speed limit and other significant traffic control changes.
Coming forward to address the Council on this matter was: Jim Lissner - Hermosa Beach, spoke to his letter, asked that the City give notice to the public by placing the orange signs used to notify residents of other types of proposed changes on the streets.
Action: To receive and file the letter. Motion Bowler, second Edgerton. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (h) Reviczky, at the request of Betty Ryan. At this time City Attorney Michael Jenkins informed the Council that there had been a revision to item 1(i) that had changed the date of the donation to January 9, 1999. Motion Edgerton, 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 Regular Meeting held on October 13, 1998.
Action: To approve the minutes of the Regular Meeting of October 13, 1998, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15114 THROUGH 15254 INCLUSIVE, NOTING VOIDED CHECK NO. 15172, AND TO APPROVE CANCELLATION OF CHECK NOS. 15049 AND 15050 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 SEPTEMBER, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report.
Action: To receive and file the September, 1998, Financial Reports as presented.
(e) RECOMMENDATION TO APPROPRIATE $100.00 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE PURCHASE OF SUPPLIES FOR THE ANNUAL HALLOWEEN HOWL . Memorandum from Finance Director Viki Copeland dated October 19, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to thank and acknowledge the donor.
Action: To approve the staff recommendation to appropriate $100.00 donation from the Woman's Club of Hermosa Beach to the Community Resources Department to be used for the purchase of supplies for the annual Halloween Howl. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 16, 1998.
Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of September 16, 1998.
(g) RECOMMENDATION TO APPROPRIATE $5,000 FROM THE PARK AND RECREATION FACILITY TAX FUND TO PARK AND BEACH IMPROVEMENTS (CIP #506) TO BE ALLOCATED TO THE YOUTH BASKETBALL LEAGUE AND UP TO $20,000, AS REQUIRED, FROM THE DOWNTOWN ENHANCEMENT FUND TO CITY COUNCIL SPECIAL EVENTS BUDGET (#4319) FOR A NEW YEAR'S EVE CELEBRATION. Memorandum from Community Resources Director Mary Rooney dated October 20, 1998.
Action: To approve the staff recommendation to:
(j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1998.
2. CONSENT ORDINANCES
a. ORDINANCE NO. 98-1184 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 19, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1184. Motion Bowler, second Reviczky.
AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: Oakes
b. ORDINANCE NO. 98-1185 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.04, SECTION 9.04.010, SUBSECTION H OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING CONSUMPTION OF ALCOHOLIC BEVERAGES ON STREETS, PLAYGROUNDS OR PLACES OPEN TO THE PUBLIC." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 19, 1998. Supplemental letters in opposition from B.J. Mitchell, Kathy Dunbabin, and Naoma Valdes, all from Hermosa Beach. This item was heard in combination with item 1(h).
City Attorney Michael Jenkins responded to Council questions regarding the City's ability to limit permits to residents only by saying that it is a problem that presents a potential for conflict as there was no case law that dealt specifically with this situation. Assistant City Manager Mary Rooney also responded to Council questions.
Coming forward to address the Council on this item were: Al Valdes - 2840 Amby Place, said that the beach was held in trust for all of southern California and questioned if the City could limit alcohol use permits only for residents; and, said that it was not true, as carried in some newspaper reports, that alcohol was allowed on the beach now for non-profit events; Jim Lissner - 2715 El Oeste Drive, said that the Council had passed the introduction of the ordinance in a record 46 seconds; expressed concern that there had been no public notice of the intent of the ordinance and that the word "beach" had not appeared in the agenda or the staff report; and, questioned if Mayor Benz should abstain from the vote as, per item 9(b), he would receive a direct benefit from the ordinance; Joe Mark - 324 Fourth Street, spoke in opposition; said that there was an inherent liability to allowing alcohol on the beach; said that it was hard to confine alcohol consumption even for a non-profit organization in a controlled area; questioned who will ensure that there is adequate liability insurance, who will police the event and be responsible that the liquor laws are upheld and that minors don't come in possession of alcohol; and, one final question, what benefit is this change to the City or to the citizens; Herb Schneider - 157 Ardmore Avenue, said that a child's behavior was shaped by the behavior around him and for this reason alone there should be no alcohol allowed on the beach; questioned if permits were only for privileged few; and, said that everyone he knows opposes alcohol on the beach; Terry Bindman - 523 25th Street, said that she had been shocked to learn that the Council was considering allowing parties with alcohol on the beach as the two did not mix; questioned why permission would be at the Council's discretion only; said that the City of San Diego allowed alcohol during certain times and had had many problems; and, expressed concern at the liability potential and lack of research that had gone into the preparation of this ordinance; Heidi and Charles Kissell - 440 Manhattan Avenue, spoke in opposition; said that both were lifeguards and that alcohol played a major role in ocean rescues; said that the safety issue had not been addressed; suggested that the City contact the Department of Beaches and Harbors for its guidelines that required corporate sponsorship, professional caterers and bartenders and security personnel; John Hales - 624 Eighth Place, read a statement that gave some of the history regarding the ban on alcohol consumption on the beach; spoke of riots that had taken place due to drinking; spoke of his strong reservations against this change; Anne Sullivan - 60 18th Street, spoke in opposition; said that the beach was the City's front yard and that alcohol did not belong on the beach or in the parks; said that although the County could allow alcohol permits it was never in residential areas; and, said that the Police had said that it would be very difficult to control; Judy Garland - 1181 Cypress Avenue, spoke in opposition; said that the Council had been entrusted with making laws that would be a benefit to the City and its residents; questioned how the Council could have let this slip through; questioned where the majority of the Council had been during the 46 seconds it had taken to try to vote this in; June Pulcini - 2230 The Strand, spoke in opposition; said that for those who lived on or near the Strand there were already many alcohol related problems: fights, people being sick or relieving themselves in public, loud noises and sometimes property damage; said that it was hard enough to control these problems and questioned how there would be enough manpower to control alcoholic beach parties; Betty Ryan - 588 20th Street, said that there did not need to be a change in the law to allow weddings as there were many weddings held on the beach already, as well as church services, memorial services and family reunions and parties; said that she saw no need for alcohol on the beach; questioned how the Council came to support this ordinance; Dennis Noor - 250 35th Street, spoke in opposition; said this would be a precedent setting situation as the beach was beautiful and together with the parks should be a sanctuary for the residents and their children; Mordy Benjamin - 928 14th Street, spoke in opposition; said that if the Council thought it was important then they should put it to a vote of the people; Donley Falkenstien - (no address given), spoke in opposition; said that he felt this was a self serving objective driven by the Mayor; and, Pete Tucker - 235 34th Street, spoke in opposition; said that the Kiwanis and Rotary clubs allowed alcohol when their buildings are rented for parties or receptions and had many problems and incidents of violence.
Action: To not adopt Ordinance No. 98-1185. Motion Oakes, second Bowler.
AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz
At 8:24 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(e) and (h) 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.
PUBLIC HEARINGS
4. REVIEW AND RECONSIDERATION BY THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE, WITH CONDITIONS, A CONDITIONAL USE PERMIT AMENDMENT FOR ON-SALE ALCOHOL AND EXTENDED HOURS OF OPERATION FROM 8:00 A.M. UNTIL 2:00 A.M. IN CONJUNCTION WITH ALTERATIONS TO AN EXISTING RESTAURANT AT 934 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1998. Supplemental letters in opposition to the request from Barbara Gottlieb, Adele Icaza, Gene Perry and an unsigned letter, all from Hermosa Beach.
Councilmember Bowler declared a potential conflict of interest due to owning a business within the project area and left the dais and the room at 8:25 P.M.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
RECOMMENDATION: Sustain Planning Commission's approval of the Conditional Use Permit Amendment 98-8
The public hearing opened at 8:34 P.M. Coming forward to address the Council on this item were: Mark Marone - applicant, said the proposal was for an upscale restaurant offering a tapas menu as well as numerous main courses; said extending the hours to service a late dinner crowd as well as a traditional dinner crowd was needed in order to be successful, since the location would not generate significant breakfast or lunch crowds; said the full late-night menu also provided a needed alternative to diners; Kevin Wall - Monterey, applicant, said to alleviate the noise concerns expressed by residents, the rear door providing access onto Palm Drive would be closed and locked promptly at 6:00 P.M. each day, requiring patrons and employees to exit onto Hermosa Avenue; Gary Zimmerman - 928 Palm Drive, referred to his letter in the packet objecting to the request; cited numerous problems that occurred with the previous restaurant and the lack of response to resident complaints; expressed concern about exacerbating those problems with extended hours and full service alcohol; Micki Smallman - 920 Palm Drive, expressed concern about the requested 2:00 A.M. closing time on weekdays and suggested closing at midnight instead; questioned the 8:00 A.M. opening time if there would be no breakfast or lunch; said she was also concerned about the rear access; Brian Arnold - 1208 Monterey, spoke in favor of the proposal; said it was needed because there were no other restaurants in the downtown area open after 11:00 P.M.; said this restaurant would be nothing like the previous establishment, that the applicants proposed a nice establishment; Brice Todd - 1105 Cypress, spoke in favor of the request, said the establishments causing the most trouble are those that cater to young beer drinkers; said this restaurant would attract a more mature clientele; said everyone did not have conventional schedules, that he did not get home from work until 9:30 or 10:00 P.M. and would like to then go out for a nice dinner; Jim Lissner - 2715 El Oeste Drive, expressed concern about the noise at 2:00 A.M. caused by people leaving the restaurant, which he said was sited on the outskirts of the downtown area; said forcing patrons to exit onto Hermosa Avenue would not necessarily keep them off Palm Drive; said if this request was approved, other requests would be made for the same thing; Brian Cotch - 53 Ninth Street, cited noise problems with the previous establishment; said noise affects residents to the west as well as those to the rear of the building; opposed the requested 2:00 A.M. closing time; said while these applicants may manage their business well and be good neighbors, there was no way of knowing how future owners would be; and Donley Falkenstien - said he moved out of the downtown area because it had gotten unbearable over the past two years; said this restaurant was clearly in the downtown and there was already an imbalance of uses in that area; said there was also a continuing parking problem with only 22 spaces for the entire building, which housed another restaurant downstairs.
The public hearing closed at 9:11 P.M.
Action: To approve the staff recommendation to sustain the Planning Commission approval, with conditions, of a Conditional Use Permit amendment for on-sale alcohol and extended hours of operation, in conjunction with alterations to an existing restaurant at 934 Hermosa Avenue, subject to the following additional provisions: a) that the extended hours of operation from 8:00 A.M. to 2:00 A.M. apply to Friday and Saturday nights only, with the hours of operation limited to 8:00 A.M. to 11:00 P.M. Sunday through Thursday; b) that the applicant work with staff to come up with a way to mitigate the problems associated with egress onto Palm Drive; and c) that the project come back before the Council in six months to evaluate the operation of the restaurant and review all conditions of approval. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Bowler.
Councilmember Bowler returned at 9:25 P.M.
The meeting recessed at the hour of 9:25 P.M. The meeting reconvened at the hour of 9:47 P.M.
5. APPEAL OF SECTION 5 OF MORATORIUM ORDINANCE NO. 97-1169U AT 1221-1227 HERMOSA AVENUE - BIJOU THEATER BUILDING. Memorandum from Community Development Director Sol Blumenfeld dated October 16, 1998. Supplemental letter from Shaul Kuba, CIM Group, 10960 Wilshire Blvd., received October 27, 1998.
Councilmember Bowler declared a potential conflict of interest due to owning a business within the project area and left the dais and the room at 9:48 P.M.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins said that the owners could retrofit the building and use it as a theatre or retrofit it and not use it as a theatre, but the City could not compel the owners to use the building as a theatre.
The public hearing opened at 10:05 P.M. Coming forward to address the Council on this item were: John Given - representing CIM Group, said the owners were not seeking relief in order to tear down the building, but to start the seismic retrofit as quickly as possible; said that enactment of the Historic Preservation Ordinance (HPO) would create numerous bureaucratic steps that would greatly lengthen the time to retrofit the building; said that the building needed to comply with the City's seismic safety regulations because:
Chris Harding - attorney for CIM Group, responded to Council questions; said that CIM had a history of preserving historic buildings and wished to preserve the architectural exterior of the Bijou building.
The public hearing closed at 10:48 P.M.
Action: To approve the appeal with the following conditions:
Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Bowler.
Councilmember Bowler returned at 10:53 P.M.
6. TEXT AMENDMENT TO THE ZONING ORDINANCE ADDING A HERMOSA BEACH PRESERVATION ORDINANCE FOR CERTAIN PROPERTIES DESIGNATED AS HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT, ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AND ADOPTION OF A RESOLUTION ESTABLISHING A LIST OF POTENTIAL HISTORIC BUILDINGS. Memorandum from Community Development Director Sol Blumenfeld dated October 22, 1998.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Action: To approve the Planning Commission recommendation to:
Motion Oakes, second Edgerton. The motion carried by a unanimous vote.
MUNICIPAL MATTERS
7. RESOLUTION REVISING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated October 21, 1998.
City Clerk Doerfling presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 98-5938, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 96-5831, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD/COMMISSION MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER." Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. LETTER FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REGARDING REQUESTED CHANGES TO LICENSE CONDITIONS FOR CLUB SUSHI, INC. Memorandum from City Manager Stephen Burrell dated October 20, 1998.
Assistant City Manager Rooney presented the staff report and responded to Council questions.
Action: To receive and file the letter. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. VACANCIES - BOARDS AND COMMISSIONS - APPOINTMENT TO PLANNING COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated October 22, 1998.
Motion Oakes, second Bowler. The motion carried without objection.
b. LETTER REQUESTING APPROVAL FOR WEDDING AND RECEPTION ON THE BEACH, SATURDAY, NOVEMBER 28, 1998 FROM 3:00 P.M. TO 9:00 P.M. Memorandum from City Manager Stephen Burrell dated October 20, 1998.
Action: No action was taken on this matter.
10. OTHER MATTERS - CITY COUNCIL - None
CITIZEN COMMENTS
No one came forward to address the Council at this time.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Councilmember Reviczky and Mayor Benz declared potential conflicts of interest to the closed session item due to living within the project boundaries and said that they would not attend the meeting.
a. Existing Litigation: Pursuant to Government Code Section 54956.9(a)
Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. Case Number: BC172546
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 27, 1998, at the hour of 11:20 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:22 P.M. At the hour of 11:50 P.M. the Closed Session adjourned to the Adjourned Regular Meeting.
ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Jerry Littman on Tuesday, October 27, 1998, at the hour of 11:50 P.M. to the Regular Meeting of Tuesday, November 10, 1998, at the hour of 7:10 P.M.
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