MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 28, 2000, at the hour of 7:20 P.M.

 

PLEDGE OF ALLEGIANCE - Roger Bacon

 

ROLL CALL :

Present: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes
Absent: None

 

ANNOUNCEMENTS : Mayor Oakes announced that the meeting would be adjourned in memory of Kathryn "Betty" Learned, matriarch of the Learned Lumber family, who passed away two weeks ago. She noted that Mrs. Learned's husband Dick, a former Hermosa Beach councilman and longtime owner of Learned Lumber, had passed away about six months ago. She said the meeting would also be adjourned in memory of Aileen Smith, the mother-in-law of Police Chief Val Straser. She expressed condolences to both families on behalf of the entire City Council.

Police Chief Val Straser thanked the Council, for himself and his family. He then requested that the Council also adjourn the meeting in memory of former Hermosa Beach Police Chief William H. Berlin, who passed away last night. He said Chief Berlin stepped down in 1974 after 17 years of service with the City and had been a trailblazer, as the first chief in the area to start a canine unit program and cadet program. Mayor Oakes said the meeting would be adjourned in memory of former Police Chief Berlin and expressed condolences to his family.

Councilmember Edgerton announced that all the necessary funding was now in place to repave the north end of the Strand and thanked County Supervisor Don Knabe for his assistance.

Councilmember Dunbabin announced the success of the Friends of the Library book sale Saturday, March 25, and said the next book sale would take place Saturday, July 15, 2000.

Mayor Oakes reminded citizens that April 1, 2000 was Census Day and encouraged everyone to fill out their census forms and mail them before the deadline.

 

PROCLAMATIONS/PRESENTATIONS - None

 

CLOSED SESSION REPORT FOR MEETING OF MARCH 14, 2000 : No reportable actions

 

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

 

Coming forward to address the Council at this time were:

John Burt - 1152 Seventh Street, said the judge had issued his order concerning the oil issue and, to avoid a law suit, the City should vacate the City Yard site and allow Macpherson to move forward with his oil drilling project; and

Roger Bacon - 1100 Pacific Coast Highway, announced the windmill dedication ceremony was scheduled to take place at noon Saturday, April 8, 2000, at Greenwood Park (the corner of Pacific Coast Highway and Aviation Boulevard).

 

(b) WRITTEN COMMUNICATIONS

1. Letter from Roger Bacon requesting that the City Council extend the banner program near First Street and Pacific Coast Highway through the remainder of this year with the proceeds to be used for revitalization, landscaping, sidewalk and signage improvements on Pacific Coast Highway and Aviation Boulevard . (Continued from meeting of March 14, 2000)

 

Coming forward to address the Council on this item was:

Roger Bacon - 1100 Pacific Coast Highway, spoke to his request; submitted a letter signed by several area business owners expressing their support of the program; also submitted letters from three corporations, each pledging $2,500 for a banner display; said once the funding is in the bank, he would come back before the Council to discuss specific improvements.

 

City Manager Burrell responded to Council questions, noting that all money collected for the banner program goes into a special fund.

Proposed Action : To approve the request to extend the banner program on Pacific Coast Highway (PCH) near First Street to the end of the year with the proceeds to be used for PCH and Aviation Boulevard improvements (revitalization, landscaping, sidewalk and signage), with the condition that the City be indemnified, as is normally required with banner permits.
Motion Edgerton, second Mayor Oakes. The motion failed, noting the dissenting votes of Bowler, Dunbabin and Reviczky.

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (m), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (g) Bowler.
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

Coming forward to address the Council at this time was:

Ozzie Cadena - spoke briefly about item 1(h), which had not been pulled from the consent calendar; said the change from Wednesdays to Thursdays will allow them to get better jazz performers on the Pier Plaza and attract larger crowds, including seniors and families.

 

At 8:04 P.M., the order of the agenda was suspended to go to public hearing item 4.

 

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(a) RECOMMENDATION TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR MEETING HELD ON FEBRUARY 29, 2000 .

Action : To approve as presented the minutes of the Adjourned Regular Meeting of February 29, 2000.

 

2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 20604 THROUGH 20776, NOTING VOIDED CHECK NOS. 20610, 20634 AND 20651, AND TO APPROVE CANCELLATION OF CHECK NOS. 20367, 20643 AND 20686 AS RECOMMENDED BY THE CITY TREASURER .

Action : To ratify the check register as presented. 

 

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

Action : To receive and file the tentative future agenda items as presented.

 

(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE FEBRUARY 2000 FINANCIAL REPORTS . Memorandum from Finance Director Viki Copeland dated March 23, 2000.

Action : To receive and file the memorandum regarding the February 2000 Financial Reports.

 

(e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 21, 2000 .

Action : To receive and file the action minutes from the Planning Commission meeting of March 21, 2000.

 

(f) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR . Memorandum from Personnel Director/Risk Manager Michael Earl dated March 22, 2000.

• Claimant : Guirges, Raef S.

• Date of Loss : 03/07/00

• Date Filed : 03/14/00

Action : To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff.

 

(g) RECOMMENDATION TO APPROVE PURCHASE OF FORTY (40) ELECTRONIC PARKING METERS FOR DOWNTOWN PARKING LOT B AND APPROPRIATE $7,575 FROM THE PARKING FUND FOR THE PURCHASE . Memorandum from Police Chief Val Straser dated March 22, 2000.

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

City Manager Burrell and Police Chief Straser responded to Council questions.

Action : To approve the purchase of 40 electronic parking meters for Downtown Parking Lot B from the Parking Fund and appropriate $7,575 from the Parking Fund for the purchase, as recommended by staff.
Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

 

(h) RECOMMENDATION TO APPROVE REQUEST FROM THE JAZZ ALUMNI CLUB MEMBERS TO USE THE PLAZA ON THURSDAYS FROM 5:00PM - 9:00PM INSTEAD OF WEDNESDAYS FROM 4:00PM TO 8:00PM FOR JAZZ CONCERTS (VARIOUS STOREFRONTS) BEGINNING IN MAY AND WAIVE THE INSURANCE REQUIREMENT FOR THIS ACTIVITY . Memorandum from Community Resources Director Mary Rooney dated March 20, 2000.

Action : To approve the request from the Jazz Alumni Club members to use the Plaza on Thursdays from 5 to 9 P.M. instead of Wednesdays from 4 to 8 P.M. for jazz concerts (various storefronts) beginning in May and waive the insurance requirement, as recommended by staff.

 

(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 7, 2000 .

Action : To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 7, 2000.

 

(j) RECOMMENDATION TO ACCEPT THE WORK BY SULLY-MILLER CONTRACTING COMPANY ON CIP NO. 98-143 STREET IMPROVEMENTS , AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR, AND AUTHORIZE A BUDGET TRANSFER OF $40,640.48 .

Action : To approve the staff recommendation to accept the work by Sully-Miller Contracting Company of Anaheim on CIP Project No. 98-143 Street Improvements, to authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion), and to authorize a budget transfer of $40,640.48.

 

(k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RECYCLING BLOCK GRANT PROGRAM . Memorandum from Public Works Director Harold Williams dated March 16, 2000. Supplemental resolution received March 27, 2000.

Action : To approve the staff recommendation to adopt Resolution No. 00-6051 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR SIXTH CYCLE USED OIL RECYCLING BLOCK GRANT ."

 

(l) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR THE SEWER CONSTRUCTION AND REHABILITATION ON PACIFIC COAST HIGHWAY BETWEEN GOULD AVENUE AND 24TH STREET TO U-LINER WEST OF LONG BEACH, CALIFORNIA IN THE AMOUNT OF $28,250 . Memorandum from Public Works Director Harold Williams dated March 22, 2000.

Action : To approve the staff recommendation to:

1. Award the construction contract for the sewer construction and rehabilitation on Pacific Coast Highway between Gould and 24th Street to U-Liner West of Long Beach, California, in the amount of $28,250;
2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
3. Authorize the Director of Public Works to make minor changes as necessary within the budget of $2,825.

 

(m) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION . Memorandum from Community Development Director Sol Blumenfeld dated March 20, 2000.

Action : To receive and file the report on the Southern California Association of Governments (SCAG) Regional Housing Needs Assessment allocation, as recommended by staff.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Item 1(g) was heard at this time but is shown in order for clarity.

Public comments on items removed from the Consent Calendar are shown under the appropriate item.

 

PUBLIC HEARINGS

4. AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 36 PIER AVENUE, ZEPPY'S PIZZA , LEGALLY DESCRIBED AS LOTS 8, 9 AND 10, BLOCK 12, HERMOSA BEACH TRACT . Memorandum from Community Development Director Sol Blumenfeld dated March 22, 2000.

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

 

The public hearing opened at 8:29 P.M. Coming forward to address the Council on this item was:

Bill Groft - appellant, 2507 Valley Drive, said he has been the sole proprietor since May of 1998, and had a 10-year lease with a 5-year option; cited an extensive remodel and said his kitchen takes up 750 square feet of the building's 1000 square feet; said he had established himself with the community, had one of the highest ratings, was involved with community events, and was the only Plaza restaurant except for the bakery without alcohol; said he deserved a conditional use permit in the spirit of fair competition, noting a nearby similar business with a beer and wine sales permit; said his current hours of operation are noon to 2 A.M.

The public hearing closed at 8:35 P.M.

 

Proposed Action : To approve the appeal and conditional use permit for on-sale beer and wine at Zeppy's Pizza and require that the applicant process a parking plan with in-lieu fees.
Motion Bowler. The motion died for lack of a second.

 

Action: To grant the appeal and approve the conditional use permit for on-sale beer and wine at Zeppy's Pizza with a closing time of 10 P.M. for the service of beer and wine and with a six-month review (motion excludes the condition for a parking plan).
Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Dunbabin.

 

Further Action: To require that the applicant process a parking plan.
Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote.

(A resolution reflecting tonight's actions and containing all findings and conditions will be presented for Council adoption at its next meeting of April 11, 2000.)

 

MUNICIPAL MATTERS

5. 2000 COMMERCIAL EVENT APPLICATIONS . Memorandum from Community Resources Director Mary Rooney dated March 16, 2000. Two supplemental memorandums from Community Resources dated March 27 and March 28, 2000.

Community Resources Director Rooney presented the staff report and responded to Council questions.

 

Public participation opened at 9:16 P.M. Coming forward to address the Council on this item was:

James Leitz - IMG, showed a brief video of last year's event; said Beach Bash 2000 was a four-day, multi-sport event proposed to take place June 8-11, which would be televised by Fox Sports Net and ESPN; showed a brief video of the proposed lay-out and said new features this year are a half-pipe and street course, as well as a sandcastle building event which will include professional displays; said there would be three nights of concerts and that he would come back at the April 25 meeting with the names of the bands for Council approval; said the stage would be moved from the Plaza to the beach, south of the Pier.

Public participation closed at 9:23 P.M.

 

Action : To approve the Beach Bash 2000 - IMG event for June 8-11, 2000, with fees estimated to be $36,806, and to approve the event contract, as recommended by the Parks, Recreation and Community Resources Commission.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

Further Action : To approve the Southern California Rugby Football - Makai event for July 29-30, 2000, with fees estimated to be $7,250, and to approve the event contract, as recommended by the Parks, Recreation and Community Resources Commission.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

Final Action : To approve the 9th annual Hermosa Beach Triathlon - MESP event for October 8, 2000, with fees estimated to be $8,068, and to approve the event contract, as recommended by the Parks, Recreation and Community Resources Commission.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

The meeting recessed at 9:35 P.M.
The meeting reconvened at 10 P.M. and the order of the agenda returned to item 2.

 

6. HERMOSA BEACH STOP OIL II . Memorandum from City Attorney Michael Jenkins dated March 22, 2000.

 

Action: To receive and file.
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. LOS ANGELES COUNTY'S RETAIL FOOD INSPECTION PROGRAM . Memorandum from City Manager Stephen Burrell dated March 23, 2000.

At 10:03 P.M., Councilmember Bowler left the dais and the room due to a potential conflict of interest.

 

City Manager Burrell presented the staff report and responded to Council questions.

Action : To direct staff to return with a draft ordinance requiring all Hermosa Beach restaurants to post the grades they receive from the County Health Inspectors.
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler.

At 10:04 P.M., Councilmember Bowler returned to the dais.

 

b. ADDITIONAL REVENUE FOR STREET REPAIR . Memorandum from City Manager Stephen Burrell dated March 22, 2000.

City Manager Burrell presented the staff report and responded to Council questions.

Action : To approve and authorize the Mayor to sign a letter to the Governor, Senate and Assembly members requesting an allocation for City streets and roads, as recommended by staff.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

 

c. MUNICIPAL WATER CONSUMERS ALLIANCE FOR REFORM OF WATER REPLENISHMENT DISTRICT . Memorandum from City Manager Stephen Burrell dated March 22, 2000. Supplemental information received from City Manager Burrell March 28, 2000.

City Manager Burrell presented the staff report and responded to Council questions.

Action : To become a member of the Municipal Water Consumers Alliance for reform of the Water Replenishment District.
Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

 

d. PROPOSED DEVELOPMENTS IN REDONDO BEACH - AES/HARBOR PROJECT . Memorandum from City Manager Stephen Burrell dated March 21, 2000.

City Manager Burrell presented the staff report and responded to Council questions.

Action : To direct staff to send a letter to the City of Redondo Beach requesting to be included in the upcoming events related to the AES/Harbor project, as recommended by staff.
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

City Manager Burrell said the City had a table reserved for the annual Medal of Valor award luncheon Thursday, April 6, 2000, and asked Council members interested in attending to contact him for tickets.

 

City Manager Burrell advised the Council of an offer to donate a large date palm tree to the City. He said the tree is currently located at 11th Street-Sunset, where the existing home is being torn down, and the resident would like to put the tree in Noble Park.

Action : It was the consensus of the Council to direct staff to enter into negotiations with the tree owner and to determine an appropriate location.

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

9. OTHER MATTERS - CITY COUNCIL - None

 

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 March 14, 2000 .

2. CONFERENCE WITH LABOR NEGOTIATOR : Pursuant to Government Code Section 54957.6

City Negotiator : Stephen Burrell

Employee Organizations :

• Hermosa Beach Police Officers Association

• Hermosa Beach Firefighters' Association

• Teamsters Union, Local 911

• Professional and Administrative Employee Group

• Hermosa Beach Management Association

• Hermosa Beach Police Management Association

3. 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.

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

• Name of Case : Macpherson 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, March 28, 2000, at the hour of 10:15 P.M. to a closed session.

 

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:25 P.M. At the hour of 11:00 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, March 28, 2000, at the hour of 11:01 P.M. to the Regular Meeting of Tuesday, April 11, 2000, at the hour of 7:10 P.M.

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