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 City of Hermosa Beach --- 12-08-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 8, 1998, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Jay Russell
ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None
Councilmember Oakes said people who knew Mr. Boccato were aware of his generosity and his willingness to help others.
Councilmember Edgerton said Mr. Boccato was a very special person who would be missed by all who knew him.
Action: To adjourn tonight's meeting in memory of Frank Boccato. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote.
Mayor Benz announced the menorah lighting to mark the start of Hanukkah at 4:00 P.M. Sunday, December 13, 1998, at Greenwood Park. He then announced the tree lighting at 6:00 P.M. Thursday, December 10, 1998, at Pier Plaza, noting that the event would feature singing and a visit by Santa Claus.
Councilmember Reviczky reminded everyone about the annual Beach Cities' toy drive, noting that 10 new bicycles had been donated. He encouraged donors to bring new, unwrapped toys to the Fire Station, and said the gift-wrapping would take place at noon, Saturday, December 19, 1998, at the Clark Building.
Mayor Oakes announced the recent marriage of Mayor Benz and Patricia Spiritus and extended congratulations to them both.
Coming forward to address the Council at this time were: Jay Russell - 1042 Bayview Drive, questioned the claim made at the last meeting by several downtown businesses that they needed the two annual fiestas to survive; said the success of Boccato's small market was due to the hard work of the owner; said the fiestas offered no real benefit to the community and requested that the Council consider other alternatives; Jamie Seibert - 2135 Circle Drive, expressed concern about three current construction projects on her street; cited significant impacts caused by the heavy equipment, such as that used to compact the earth, which she said vibrates the ground like an earthquake and has caused the plaster in her home to crack; asked if there was anything the City could do; and Al Bowman - 615 Seventh Street, submitted programs from a recent Los Angeles Music Awards event, noting Mayor Benz's name under the special achievement award category; asked Mayor Benz to change his mind on the Learned project.
(b) COUNCIL COMMENTS: Mayor Benz asked if anything could be done to alleviate the concerns expressed by Ms. Seibert.
City Attorney Jenkins suggested the Building Department could facilitate some communication with the contractor and the property owner to see if perhaps they could work something out.
City Manager Burrell agreed with that suggestion.
(a) Letter from Jaquelynn Pope dated December 2, 1998
requesting City Council determination of Public Convenience
or Necessity for TJ Charly'z at 1332 Hermosa Avenue.
City Manager Burrell responded to Council questions.
Coming forward to address the Council on this item was: Jaquelynn Pope - attorney representing the business owners, Steve and Sharon Dahdah, spoke to the request for a Council determination that the issuance of an Alcohol Beverage Control (ABC) general liquor license would serve the public convenience or necessity; noted the applicants had a beer and wine license at the site for many years while operating the Strawberry Patch restaurant, which served Middle Eastern food; said after the applicants obtained an interim type 47 license, they changed the restaurant to TJ Charly'z, which serves Baja-type Mexican food; cited an increase in business.
Action: To direct staff to prepare a letter declaring the Council's determination that the issuance by the ABC of a liquor license to Dahdah Trading Corporation for TJ Charly'z would serve the public convenience or necessity. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (f) Edgerton, (i) Reviczky, (l) Bowler, and (m) Edgerton. 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.
At 7:45 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 HELD ON NOVEMBER 10, 1998.
Action: To approve the minutes of the Regular Meeting of November 10, 1998, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS.15581 THROUGH 15651 INCLUSIVE.
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 DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 24, 1998.
Claimant: Reynolds, Bobby Date of Loss: 5/24/98 Date Filed: 11/16/98
Action: To deny the claim filed by Bobby Reynolds and refer it to the City's Liability Claim Administrator, as recommended by staff.
(e) RECOMMENDATION TO APPROPRIATE DONATIONS OF $250.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH AND $350.00 FROM THE HERMOSA BEACH ROTARY CLUB. Memorandum from Finance Director Viki Copeland dated November 30, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.
Action: To appropriate the donations of $250 from the Woman's Club of Hermosa Beach for repair and maintenance of the Veterans' Memorial at the Community Center and $350 from the Hermosa Beach Rotary Club for the puppet show at the Halloween Howl activity held at the Clark Building October 30, 1998, as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
(f) RECOMMENDATION TO ACCEPT THE WORK BY TAYLOR TENNIS COURTS, ANAHEIM, ON CIP PROJECT NO. 98-527, BASKETBALL & TENNIS COURT RESURFACING, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR AND APPROPRIATE $837.00 FROM THE PARK & RECREATION TAX FUND (125) TO CIP PROJECT NO. 98-527, BASKETBALL & TENNIS COURT RESURFACING. Memorandum from Public Works Director Harold Williams dated November 30, 1998.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions.
Action: To approve the staff recommendation to:
Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
Action: To approve the staff recommendation to:
(h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24920 FOR A 2-UNIT CONDOMINIUM AT 844-846 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5948, entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 24920 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 844 - 846 15TH STREET, HERMOSA BEACH, CALIFORNIA. "
(i) RECOMMENDATION TO APPROVE $16,650 TO GILLIS &
ASSOCIATES FOR ADDITIONAL DESIGN WORK ON THE COUNCIL CHAMBERS
FOR THE CITY HALL RENOVATION (CIP #95-622).
Memorandum from Fire Chief Pete Bonano dated December 3, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting with regard to the architect's fee for the additional work.
City Manager Burrell responded to Council questions
Action: To continue the item to the next meeting of January 12, 1999 in order to obtain more detailed information from the architect pertaining to cost. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
(j) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA), ADDING THE CITY OF CHINO TO THE ICRMA POOL, AND RE-DESIGNATING THE GOVERNING BOARD REPRESENTATIVE, ALTERNATE GOVERNING BOARD REPRESENTATIVE AND SUBSTITUTE ALTERNATE REPRESENTATIVE. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 3, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5949 , entitled, "A RESOLUTION OF THE HERMOSA BEACH CITY COUNCIL APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES; APPROVING THE ADMITTANCE OF THE CITY OF CHINO TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY; AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND THE SEPARATE RISK MANAGEMENT PROGRAMS."
(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 3, 1998. Supplemental minutes received December 7, 1998.
Action: To receive and file the action minutes from the Planning Commission meeting of December 3, 1998.
(l) RECOMMENDATION TO APPROVE PAYMENT OF $9,950.00 TO
AAE CONSULTANTS FOR CONTRACT ADMINISTRATION/INSPECTION SERVICES
RENDERED IN ASSOCIATION WITH THE GREENBELT IMPROVEMENT
PROJECT.
Memorandum from Public Works Director Harold Williams dated
December 2, 1998.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting regarding the additional cost.
Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, noting that he would provide Council with a report of all work done.
Action: To approve the payment of $9,950.00 to AAE Consultants for contract administration/inspection services rendered in association with the Greenbelt Improvement Project, as recommended by staff. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. (m) RECOMMENDATION TO ADOPT RESOLUTION MEMORIALIZING FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT. Memorandum from City Manager Stephen Burrell dated December 3, 1998. Supplemental resolution received December 8, 1998.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
At 9:50 P.M., prior to the start of this item, both Mayor Benz and Councilmember Reviczky stepped down from the dais and left the room due to potential conflicts of interest.
City Manager Burrell responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 98-5950 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH MEMORIALIZING ITS FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT." Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Reviczky and Mayor Benz.
2. CONSENT ORDINANCES
a . ORDINANCE NO. 98-1187 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1187. Motion Bowler, second Edgerton.
AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None
b. ORDINANCE NO. 98-1188 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1188. Motion Bowler, second Reviczky.
AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(e), (f), (i), (l) and (m) 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. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE, WITH CONDITIONS, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO-UNIT CONDOMINIUM AT 228-230 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:00 P.M. Coming forward to address the Council on this item were: Cheryl Vargo - representing the applicants, said the reason for the appeal was that the additional conditions imposed by the Planning Commission would require a complete redesign of the project; agreed to comply with the condition requiring enhancement of the north elevation with more articulation, but requested deletion of the other three; and Asenka Nitzow - applicant, objected to the condition requiring additional on-site parking to make up for the on-street parking that the curb cut would eliminate; said the site, previously had a house with a curb cut leading to a garage.
The public hearing closed at 8:29 P.M.
Action: To sustain the Planning Commission's approval of the project subject to all imposed conditions except the one requiring the elimination of the roof tower from the rear unit. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Bowler and Mayor Benz.
Coming forward to address the Council at this time was: Cheryl Vargo - asked the Council to reconsider its decision and instead refer the matter back to the Planning Commission.
Further Action: To reconsider the above motion. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
Final Action: To refer the matter back to the Planning Commission with the Council findings that they favored sustaining the Commission's action except for the roof tower condition. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
The meeting recessed at 9:03 P.M. The meeting reconvened at 9:22 P.M.
5. ADOPTION OF THE 1997 UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 1998.
Action: To postpone the hearing to a future date to be determined, as recommended by staff. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
At 9:23 P.M., the order of the agenda returned to item 2.
MUNICIPAL MATTERS - None
6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
8. OTHER MATTERS - CITY COUNCIL
a. Request from Councilmember Edgerton that Staff/ Councilmembers be directed to attend Coastal Commission meeting in January and communicate the City's position on the "loop" pattern and proposed LAX expansion.
Councilmember Edgerton spoke to his request, stressed the importance of attending the meeting, and suggested a letter from the City as well.
City Manager Burrell responded to Council questions, saying the meeting would take place the second week in January at the Radisson Hotel on Century Boulevard near LAX.
Action: To direct that all Councilmembers who can attend should attend the Coastal Commission meeting, and to have staff draft a letter setting forth the City's view that City representatives should be heard at the meeting. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
CITIZEN COMMENTS - None
The Councilmembers then sang "The Christmas Song" and wished everyone a happy holiday.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. MINUTES: Approval of minutes of Closed Session meeting held on November 10, 1998. 2. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation
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.
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, December 8, 1998, at the hour of 10:00 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:05 P.M. At the hour of 10:20 P.M. the Closed Session adjourned to the Regular Meeting.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 8, 1998, at the hour of 10:21 P.M. to the Regular Meeting of Tuesday, December 22, 1998, at the hour of 7:10 P.M.
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