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 City of Hermosa Beach --- 02-09-99
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 9, 1999, at the hour of 7:25 P.M.
PLEDGE OF ALLEGIANCE - Shirley Cassell, resident
ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None
City Attorney Michael Jenkins reported that the Special Meeting had convened at the hour of 6:45 P.M. for the purpose of a closed session to discuss anticipated litigation, pursuant to Government Code Section 54956.9(b)(3)(E): a statement threatening litigation in a letter from Peter A. Bagatelos dated January 18, 1999. He said that no decision was made requiring a public announcement.
PRESENTATIONS:
PRESENTATION BY THE CHAMBER OF COMMERCE OF THE NEW1999 BUSINESS DIRECTORY AND VISITORS GUIDE
The new 1999 Business Directory and Visitor's Guide produced by the Hermosa Beach Chamber of Commerce was presented by Carol Duff.
PUBLIC PARTICIPATION:.
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, thanked Mayor Benz for weekly visits during her recent illness; noted that two Councilmembers did not have their City-paid laptop computers with them; and, urged the Council to re-consider its decision to not allow the Macpherson oil drilling project as the ensuing lawsuit might bankrupt the City.
(b) COUNCIL COMMENTS:
Mayor Benz announced the 47th annual "Sand and Strand 2½ and 5 Mile Run" on Sunday, February 14, 1999, and remarked that it was one of the more enjoyable races in the area as half of it was run at the water's edge.
Councilmember Edgerton commented on the recent Hermosa Beach Education Foundation fundraiser at Pointe 705 in Hermosa and said that over $60,000 had been raised for Hermosa Beach schools.
(c) WRITTEN COMMUNICATION:
1. Letter from Carol Duff, President & CEO of the Hermosa Beach Chamber of Commerce, dated January 25, 1999, requesting Mayor Benz to attend a Beautification Awards ceremony on February 18, 1999, at Brewski's restaurant.
Action: The consensus of the Council was that Mayor Benz would attend if possible or Mayor Pro Tempore Oakes would attend if Mayor Benz were not in town.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Mayor Benz, (f) Reviczky and (h) Edgerton. Motion Reviczky, second Bowler. 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 Municipal Matters, item 6.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on January 26, 1999.
Action: To approve the minutes of the Regular Meeting of January 26, 1999, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16150 THROUGH 16281 INCLUSIVE, AND TO APPROVE CANCELLATION OF CHECK NOS. 15974 AND 16248 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 DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR AND A NOTICE OF CLOSED/RESOLVED Claim. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 26, 1999.
Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator: 1) Claimant: Hutchens, Raoul Date of Loss: 09/05/98 Date Filed: 01/25/99 Allegation: Claimant alleges false arrest, battery, negligent and intentional infliction of emotional distress. And, to note that the City has resolved the following claim: 1) Claimant: Greenwood, Cheryl Date of Loss: 11/30/98 Date Filed: 12/16/98 Damage: Claimant's vehicle damaged when hit by City vehicle. Disposition: City reimbursed claimant $1,928.67 for vehicle repair.
(e) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS' COMPENSATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 1, 1999.
This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting.
City Manager Stephen Burrell and Risk Manager Michael Earl responded to Council questions.
Action: To approve the staff recommendation to receive and file the Quarterly report on Worker's Compensation which showed (in part)
And, to request that staff return with a cost-ratio formula similar to that imposed on commercial businesses by the state. Motion Mayor Benz, second Reviczky. The motion carried, noting the absence of Bowler.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Community Resources Director Rooney presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to approve Fund Raisers, Ltd. To provide engraving and program support for the Millennium Walkway fundraiser at a cost of $9.50 per brick for engraving and shipping, leaving a total of $90.50 (less installation cost) per brick, or $90,500 if 1,000 bricks are purchased by the public, for the Millennium celebration. Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler.
(g) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING FINAL MAP #24924 FOR A 2-UNIT CONDOMINIUM AT 123 & 125 LYNDON STREET; FINAL MAP #24925 FOR TWO 2-UNIT CONDOMINIUMS AT 133 THROUGH 139 LYNDON STREET; AND, FINAL MAP #24926 FOR TWO 2-UNIT CONDOMINIUMS AT 141 THROUGH 147 LYNDON STREET. Memorandum from Community Development Director Sol Blumenfeld dated February 3, 1999. Supplemental final map #24925 received February 9, 1999.
Action: To approve the staff recommendation to:
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To approve the staff recommendation to:
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler.
(i) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1998 REVENUE AND EXPENDITURE REPORT. Memorandum from Finance Director Viki Copeland dated February 4, 1999.
Action: To approve the staff recommendation to receive and file the December 1998 Revenue and Expenditure report.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(e), (f), 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 - None
HEARINGS
4. EIGHTH STREET TRAFFIC ISSUES STUDY. Memorandum from Public Works Director Harold Williams dated February 3, 1999.
Public Works Director Williams presented the staff report and responded to Council questions.
Public participation opened at 9:36 P.M. As no one came forward to address the Council on this item, the public participation closed at 9:36 P.M.
Action: To continue the hearing to the regular meeting of March 23, 1999. Motion Mayor Benz, second Reviczky. The motion carried, noting the absence of Bowler.
MUNICIPAL MATTERS
5. MID YEAR BUDGET REVIEW 1998-99. Memorandum from Finance Director Viki Copeland dated January 28, 1999.
Finance Director Copeland presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet. Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler.
6. INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA HOTEL. Memorandum from City Clerk Elaine Doerfling dated February 2, 1999. Supplemental letters from Rosamond Fogg, 610 Sixth Street, and JCC Homes, Torrance, in opposition to a delay in calling a special election, received February 9, 1999.
At the hour of 7:42 P.M. Councilmembers Edgerton and Reviczky declared potential conflicts of interest, left the dais and left the room.
City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell presented his report and responded to Council questions. And, Community Development director Blumenfeld responded to Council questions.
Public participation opened at 8:02 P.M. David Kitchen - Seventh Street, said that the developer had assured them there would be only eight residential units and the neighborhood was in favor of the initiative; questioned why the Council was trying to withhold the election rather than letting the people have their say; Michael Learned - 635 Pacific Coast Hwy., said that there were only going to be eight single family homes built, not the seventeen condos that the zone change could allow; said that Learned Lumber would not close escrow on more than eight units; said that Learned Lumber had been in that location since 1924 and would now be able to have more highway frontage; Shirley Cassell - Hermosa Beach, spoke in opposition to the initiative; said that once commercial space was removed it could never be replaced; Greg Delgado - President of JCC Homes, said that he had asked if a specific plan limiting the project to only eight units could be incorporated into the initiative petition and had been told by his attorneys that it was not allowed; said that he would stipulate on behalf of his company that the project would be limited to eight homes but it could not be incorporated tonight as the only items for discussion were the alternatives listed in the staff report pertaining to the date of the election; offered to pay for a May election; and, Michael Keegan - 1107 Loma Drive, spoke in opposition to the initiative and said that people didn't know what they were signing; said that the election should be held off until November to allow time to educate the public.
Public participation closed at 8:25 P.M.
City Attorney Jenkins said that the only matter before the Council tonight was setting the date of the election and if the Council wanted to hold the election in May and was willing to let the developer pay for the special election as offered, it was best for the City to receive the money at this time, prior to taking final action.
Greg Delgado, President of JCC Homes, presented a cashier's check for $30,000 to City Manager Burrell.
Action: To approve the staff recommendation to:
Motion Bowler second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve the wording of the ballot measure question, which, pursuant to Elections Code Section 13247, is limited to a maximum of 75 words, as follows: AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL Shall the Ordinance which would amend the land use designation and zoning classification from commercial to medium density residential on property located just west of Pacific Coast Highway, between Sixth and Eighth streets, behind the Learned Lumber facility and the abandoned Mar Vista Motel, be adopted? YES_______ NO_______ Motion Bowler second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve the filing of written arguments with regard to the measure and authorize Mayor Benz to file a written argument against the measure. Motion Oakes, second Bowler. The motion carried, noting the absence of Edgerton and Reviczky.
Further Action: To approve Resolutions No. 99-5957, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 18, 1999, FOR THE SUBMISSION OF A PROPOSED ORDINANCE" Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve Resolutions No. 99-5958, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve Resolutions No. 99-5959 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999, TO BE MADE BY THE CITY CLERK." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve Resolutions No. 99-5960, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky.
Further Action: To approve Resolutions No. 99-5961, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999." Motion Oakes, second Bowler. The motion carried, noting the absence of Edgerton and Reviczky.
Final Action: To approve Resolutions No. 99-5962, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MAY 18, 1999." Motion Bowler, second Oakes. The motion carried, noting the absence of Edgerton and Reviczky.
The meeting recessed at the hour of 8:42 P.M. and Councilmember Bowler left the meeting at that time.
The meeting reconvened at the hour of 9:14 P.M. and returned the order of the agenda to item 2.
Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Public participation opened at 9:39 P.M. Coming forward to address the Council on this item was: Steve Schmucker - Concept Marine, construction management, responded to Council questions.
Public participation closed at 10:05 P.M.
Proposed Action: To direct staff to report back with additional information regarding the extent of the repairs needed at this time in comparison with the items that were on the bid; comparisons of the estimates on the change orders and the average rate charged on other jobs; the feasibility of rebidding the project and the amount of time owed by the project engineers, HLA. Motion Reviczky. The motion died due to the lack of a second.
Proposed Action: To direct staff to report back with the information requested earlier and to approve staff recommendations numbers 1 and 2 but to take the money from the UUT or General Fund. Motion Edgerton. The motion failed due to the lack of a second.
Action: To:
Direct staff to explore other funding sources and report back to Council with that information and with the amount left on the contract with the project engineer, HLA. Motion Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Bowler.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve purchase of wood benches similar to those used in Noble Park. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote, noting the absence of Bowler.
b. SB10 (RAINEY): LOCAL STREETS AND HIGHWAY - STORM DAMAGE REPAIR. Memorandum from City Manager Stephen Burrell dated January 27, 1999.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve support for SB10, which will authorize expenditures of up to $200 million for local streets and highways and authorize the City Manager to write a letter expressing this support. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Bowler.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
Community Resources Director Rooney presented the staff report and responded to Council questions.
Action: To appoint Councilmember Oakes as the Council representative to assist the panel of judges in selecting a winning logo for the Hermosa Beach 2000 logo design contest. Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote, noting the absence of Bowler.
10. OTHER MATTERS - CITY COUNCIL - None
CITIZEN COMMENTS - None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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: Gigliotti v. City of Hermosa Beach Case Number: YC029195
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 9, 1999, at the hour of 11:01 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:15 P.M. At the hour of 11:40 P.M. the Closed Session adjourned to the 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 on Tuesday, February 9, 1999, at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, February 23, 1999, at the hour of 7:10 P.M.
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