MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 11, 1997, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - Bill Dougherty, Arts Hermosa

ROLL CALL:

Present: Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: Benz

MAYOR'S COMMENTS/ANNOUNCEMENTS : None

CERTIFICATES OF RECOGNITION TO BILL DOUGHERTY & DONNA LOVE

Mayor Reviczky presented Certificates of Recognition to Bill Dougherty, retiring President of Arts Hermosa, and to Donna Love, retiring Artistic Director for FirstNIGHT, and thanked them both for the two years of service they had given to the community for FirstNIGHT 1996 and FirstNIGHT 1997.

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Gary Wayland - 1097 Aviation Boulevard, thanked Bill Dougherty and Donna Love for their work with FirstNIGHT; voiced support for the parking structure as following the R/UDAT guidelines; said that as a CPA he could see the cash flow as an enhancement to the City and as the President of Vision Hermosa he could see the augmented parking as a means to entice needed retail stores to the downtown area;

Missy Sheldon - 1800 The Strand, expressed her support for the parking structure; expressed concern regarding the petition drive to stop the parking structure as people were being told it would be a huge box, which was not true; said the structure would be within the height limit of 30 feet and would be set back 30 feet from Hermosa Avenue with retail stores;

Todd (last name indistinct) - landscape architect; spoke in favor of the parking structure and asked that people review the preliminary design to make up their own minds before signing the petition;

Steve Yeager - 13 19th Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said that would cause 14 more cars to be looking for parking spaces on Hermosa Avenue and that the City had not addressed this fact through an E.I.R.; said the two sides of the street were not being treated the same and that he was in favor of the parking structure;

Dean Nota - 2467 Myrtle Avenue, expressed his concern with the petition drive and the things being told to people to try to get them to sign the petition; said that he supported the hotel and the parking structure in the downtown area as it had been a public process with innumerable open public meetings since 1992;

Ken Coleman - 41 19th Street, urged the Council to vacate the City property on the walk streets as it would never be used for vehicular traffic;

Bob Blaine - 19 Fifth Street, spoke in opposition to enforcing parking restrictions on Beach Drive; questioned if Council had received his letter of November 19, 1996; said that he had four legal non-conforming units and five garages; submitted information;

Robert Viault - 49 Fifth Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said he was in favor of further consideration by the Council;

Don Haggarty - 1550 Prospect, spoke in opposition to enforcing parking restrictions on Beach Drive; said that allowing the Strand parking had set a precedent for the City; said that the enforcement on the east side of Beach Drive created a double standard; said that the Councilmembers could be held personally liable;

Jim Hamilton - Torrance, realtor, spoke in opposition to enforcing parking restrictions on Beach Drive; said this would affect property values and that the parking should be grandfathered;

William McCaughlin - 71 19th Street, spoke in opposition to enforcing parking restrictions on Beach Drive;

Tracy Lizotte - Lifeguard, spoke in favor of the parking structure and the agreement with the County; said that this would supply a steady revenue source that would allow the lifeguards to remain in Hermosa Beach; applauded the Council on its foresight;

John Burt - 1152 Seventh Street, said that the City needed the parking structure both for parking and for the revenue;

Jim Lissner - Hermosa Beach, said that the City was not following the R/UDAT plan for the downtown; submitted information;

John Moto - 19½ Eighth Court, said it was not fair to enforce the parking restrictions for those on the east side of Beach Drive when those living on the west side of the street (on The Strand) were allowed parking;

Al (last name indistinct) - 18 19th Street, said that he was one of the affected property owners; questioned who was being protected by enforcing the parking restrictions; questioned why he was being treated differently than his neighbor to the west;

Carol Duff - Chamber of Commerce, said that the proposed parking structure would add 380 parking spaces that could alleviate these parking problems; said that the 380 parking spaces were needed to attract quality retailers as quality retailers would not consider an area that did not have this amount of available parking;

Evelyn Stotten - 16 Beach Drive, spoke in opposition to enforcing parking restrictions on Beach Drive; said the enforcement would create a hardship on her as she rented the downstairs of her house, which had been built for the parking on Beach Drive;

George Lanz - 17 16th Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said this was not consistent with the action taken on the west side of Beach Drive; submitted information.

(b) COUNCIL COMMENTS:

Action: Mayor Reviczky directed, with the consensus of the Council, that staff return with the information on the process for vacation of property on the walk streets.

At 8:14 P.M. the order of the agenda was suspended to go to the consent calendar, item 1.

(c) WRITTEN COMMUNICATIONS

1. Letters from Candice Younger of Manatt, Phelps & Phillips, representing Patricia Turner, dated January 17, 1997 and January 27, 1997, requesting a fee waiver for Conditional Use Permit Application fees. Supplemental memorandum from City Manager Stephen Burrell received February 11, 1997.

City Manager Burrell presented the staff report.

Coming forward to address the Council on this item was:

Candice Younger - author of the letter, said that both she and her client were satisfied with the staff report.

Action: To approve the staff recommendation to reduce the fees to the approximate mailing costs of $376.50 for this hardship application regarding expanded child care use only.

Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz.

2. Letter from Savitri Carlson and letters from Daniel Coffey dated January 28, 1997 and February 5, 1997 requesting reconsideration of action taken on January 14, 1997 regarding Eastside Beach Drive parking.

Coming forward to address the Council on this item were:

Savitri Carlson - Hermosa Beach, said that she had a legal right to this parking and needed it to protect the health of her son; and,

Daniel Coffey - attorney representing some Beach Drive residents, spoke to his letters; read from his written statements; and, submitted information.

City Attorney Michael Jenkins responded to Councilmember Edgerton's question of a conflict of interest due to his residence by saying that Mr. Edgerton could stay in his seat but could not participate in the discussion. Mr. Jenkins also clarified that there was no administrative record for this matter as the City Council had been requested to change the law and had declined, therefore no action had been taken. He continued that a response would be drafted and delivered to Mr. Coffey shortly.

Action: To direct staff to respond to these written communications.

Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz and the abstention of Edgerton.

The meeting recessed at 8:38 P.M.

The meeting reconvened at 9:05 P.M. and returned the order of the agenda to Municipal Matters, item 5.

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (g).

Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz.

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

At 8:16 P.M. the order of the agenda was suspended to go to the public hearing at item 4.

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1) Minutes of the Regular Meeting held on January 28, 1997.

Action: To approve the minutes of the Regular Meeting of January 28, 1997, as presented. (Benz absent)

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9266 THROUGH 9433 AND TO APPROVE CANCELLATION OF CHECK NOS. 9032, 9003, 9214 AND 9316 AS RECOMMENDED BY THE CITY TREASURER.

Action: To ratify the check register as presented. (Benz absent)

(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.

Action: To receive and file the tentative future agenda items as presented. (Benz absent)

(d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 15, 1997.

Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission Meeting of January 15, 1997. (Benz absent)

(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR . Memorandum from Personnel Director Robert Blackwood dated January 30, 1997.

Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator :

Claimant: Sea Sprite Hotel

Date of Loss: 10/26/96

Date Filed: 1/27/97

Allegation : Claimant alleges "negligence in work and maintenance on the storm drains" led to storm water damage to property when the Pier Avenue storm drain clogged and water backed up.

(Benz absent)

(f) RECOMMENDATION TO RECEIVE AND FILE REPORT ON REVIEW OF CONDITIONAL USE PERMIT AMENDMENT 96-4 - BOTTLE INN RESTAURANT. Memorandum from Community Development Director Sol Blumenfeld dated January 30, 1997.

Action: To approve the staff recommendation to receive and file the report on review of Conditional Use Permit amendment 96-4 - "Bottle Inn", as staff has received no complaints related to the extended hours of operation of the outdoor seating area. (Benz absent)

(g) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER, 1996, REVENUE AND EXPENDITURE REPORT . Memorandum from Finance Director Viki Copeland dated February 6, 1997.

Action: To receive and file the December, 1996, Revenue and Expenditure report as presented. (Benz absent)

2. CONSENT ORDINANCES - None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

There were no items removed from the consent calendar.

PUBLIC HEARINGS

4. '97 - '98 LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) PROGRAM . Memorandum from Community Development Director Sol Blumenfeld dated February 3, 1997.

Community Development Director Blumenfeld presented the staff report and responded to Council questions.

The public hearing opened at 8:18 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:18 P.M.

Action: To approve the staff recommendation to approve the expenditure of the Third Year, 97-98 grant estimated allocation of $142,594, and any additional allocation or funding for the removal of architectural barriers to the disabled at the Community Services facility, all parks, and for identifying any obstruction on public streets and sidewalks.

Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.

At the hour of 8:19 P.M. the order of the agenda was returned to Written Communications, item (c)1.

MUNICIPAL MATTERS

5. MID-YEAR BUDGET REVIEW 1996-97. Memorandum from Finance Director Viki Copeland dated February 6, 1997.

Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell announced that a supplemental letter had been received just prior to the meeting from Jim Lissner.

Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and fund balances.

Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.

6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

8. OTHER MATTERS - CITY COUNCIL

Requests from Councilmembers for possible future agenda items:

a. Request by Mayor Reviczky to direct staff to draft a resolution requesting that the current Post Office policy which allows only the United States flag and the Postal Service flag to be displayed be modified to allow local post offices to display, at the discretion of each local post office, the nationally recognized POW/MIA flag. Letter from City of Lomita dated February 5, 1997.

Mayor Reviczky spoke to his request.

Action: To direct staff to draft a resolution requesting that the current Post Office policy which allows only the United States flag and the Postal Service flag to be displayed be modified to allow local post offices to display, at the discretion of each local post office, the nationally recognized POW/MIA flag.

Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.

CITIZEN COMMENTS

Coming forward to address the Council at this time were:

Howard Longacre - Hermosa Beach, asked various questions responded to below and spoke against a left-turn arrow at the Prospect/Aviation intersection; and,

John Burt - 1152 Seventh Street, spoke regarding Prospect/Aviation intersection safety concerns.

Mayor Reviczky and City Manager Burrell responded to Mr. Longacre's questions by saying that the Prospect/Aviation left-turn signal would be on the agenda of the meeting of February 25, 1995; the parking structure design probably would be on the agenda of the meeting of March 11, 1997, but this was not absolute; the use of the ten foot encroachment was a design issue for the parking structure but at least a part of it probably would be used; and, that the City did not know if the parking structure agreement had been signed by the County.

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.

a. Existing Litigation: Pursuant to Government Code Section 54956.9(a)

Name of Case: Lissner v. City of Hermosa Beach

Case Number: BS041936

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 28, 1997, at the hour of 9:25 P.M. to a closed session. The closed session convened at the hour of 9:30 P.M. At the hour of 9:45 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 11, 1997, at the hour of 9:45 P.M. to the Regular Meeting of Tuesday, February 25, 1997, at the hour of 7:10 P.M.