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 City of Hermosa Beach --- 06-23-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 23, 1998, at the hour of 7:24 P.M.
PLEDGE OF ALLEGIANCE - Don Sousa
ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Mary Tyson, former Hermosa Beach Mayor, Councilmember, Parks and Recreation Commissioner, and board member of the Free Clinic, Coordinating Council, Friends of the Library and local PTAs, who passed away June 17, 1998, in Mexico, where she had been residing since her retirement as West Hollywood's first City Clerk. He expressed condolences to her family and announced that a memorial fund had been established in her memory with Aid for AIDS, another group on which she previously served as a board member, and said donations "In Memory of Mary Tyson" may be sent directly to that organization at 8235 Santa Monica Boulevard, Suite 200, West Hollywood, CA 90048.
Councilmember Reviczky spoke of his friendship with Ms. Tyson and his sadness at learning this evening of her death. He expressed his condolences to her family.
PRESENTATION:
HERMOSA BEACH CHAMBER OF COMMERCE PRESENTATION OF CHECK FOR $7,225 FROMMEMORIAL DAY FIESTA DE LAS ARTES VENDOR FEES
Claire Wood, member of the Hermosa Beach Chamber of Commerce Board of Directors, presented to Mayor Edgerton a check to the City in the amount of $7,225 for the 1998 Memorial Day Fiesta de las Artes vendor fees.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that item 1(b) be removed from the consent calendar for discussion; said only Councilmembers Bowler and Reviczky had their laptop computers with them this evening and asked why Mayor Edgerton had never brought his to a meeting; and Al Bowman - 615 Seventh Street, submitted a letter from JCC Homes pertaining to their proposed installation of rolled curbs and replacement of existing finished surfaces, including the removal of trees as necessary, on Seventh Street, from Ardmore Avenue east to their proposed project; requested that the Learned Lumber project be brought back before Council.
(b) COUNCIL COMMENTS:
In response to Mr. Bowman, Councilmember Oakes said the property owners could bring the item back if they wished. Noting that potential conflicts of interest prevented two Councilmembers from voting, and that a change of zoning required three affirmative votes, Councilmember Bowler pointed out that the project had received only two votes in favor when it last came before Council.
Mayor Edgerton requested that Council consider filing an amicus brief in the lawsuit brought by the Palm Springs' Morongo Indian tribe against the Federal Aviation Administration (FAA), noting the lawsuit claims that increased arrivals at LAX had been approved without the proper environmental reviews. The following actions were taken:
Action: To add the item to tonight's agenda with the required finding that the need to take action arose after the posting of the agenda and noting the matter required immediate consideration since the court would be acting quickly. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz.
Action: To direct the City Attorney to look into the filing of an amicus brief in the lawsuit brought about by the Morongo Indian tribe against the FAA and to authorize the City Attorney to prepare and file said brief if deemed appropriate. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz.
Councilmember Bowler noted that the May 1998 Police report showed a significant decrease in crime, including assaults, and commended Police Chief Straser and his department for an excellent job.
Councilmember Reviczky announced an FAA Task Force meeting scheduled to take place Friday, June 26, 1998, from 8 A.M. to 12 noon, on the first floor of the FAA building, 15000 Aviation Boulevard, at Marine Avenue in Lawndale, noting that he would be unable to attend.
City Manager Burrell announced the upcoming City Council meeting with the FAA regional administrator and staff, scheduled to take place in the Council Chambers on Thursday, July 9, 1998, at 7:10 P.M., to discuss noise and flyovers. He suggested using the same format as was used at the LAX expansion meeting, with a presentation followed by public questions and comments, and said tonight's meeting should be adjourned to that meeting.
Action: Mayor Edgerton, with the consensus of the Council, directed staff to invite the City Council members of Manhattan Beach, Redondo Beach and El Segundo to attend that July 9, 1998, meeting. (Benz absent)
(c) WRITTEN COMMUNICATION - None
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: (b) Bowler (at the request of Shirley Cassell), and (g) Reviczky. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.
No one came forward to address the Council on items not removed from the consent calendar.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
Action: To approve, as presented, minutes of the Special Meeting held May 21, 1998; minutes of the Regular Meeting held May 26, 1998; minutes of the Adjourned Regular Meeting held May 28, 1998; and minutes of the Adjourned Regular Meeting held June 1, 1998. (Benz absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13940 THROUGH 14064 INCLUSIVE, NOTING VOIDED CHECKS NOS. 13953, 13960 AND 14028, AND TO APPROVE THE CANCELLATION OF CHECK NO. 14052 AS RECOMMENDED BY THE CITY TREASURER.
This item was removed from the consent calendar by Councilmember Bowler at the request of Shirley Cassell for separate discussion later in the meeting.
Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, questioned the issuance of several checks that were listed in the register, including a $55,000 check for Stern claim settlement.
City Manager Burrell responded to Ms. Cassell's questions.
Action: To ratify the check register as presented. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.
(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 MAY, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report.
Action: To receive and file the May, 1998, Financial Reports as presented. (Benz absent)
(e) 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 June 3, 1998.
Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: Claimant: Edward Ettinger Date of Loss: Approx. 1/29/98 Date Filed: 6/22/98 Allegation: Claimant alleges he backed his car into city-owned traffic barrier which had been left down in alley in front of his garage, causing damage to his car. (Benz absent)
(f) RECOMMENDATION TO AWARD CONTRACT TO WESSEL MECHANICAL SERVICE FOR THE REPLACEMENT OF THE TWO SEWER PUMP MOTORS AT THE 35TH STREET PUMP STATION AND AUTHORIZE APPROPRIATION OF $13.970 FROM THE SEWER FUND. Memorandum from Public Works Director Harold Williams dated June 15, 1998.
Action: To approve the staff recommendation to: (1) Award a contract to Wessel Mechanical Service for the replacement of the two sewer pumps/motors at the 35th Street pump station for $12,700; and, (2) Authorize the appropriation of $13,970 ($12,700 plus $1,270 or ten percent for contingencies) from the Sewer Fund. (Benz absent)
(g) RECOMMENDATION TO AWARD CONTRACT TO INFRASTRUCTURE MANAGEMENT SERVICES, INC. TO CONDUCT A PAVEMENT MANAGEMENT STUDY, APPROPRIATE $19,000 FROM PROP C FUND, AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated June 17, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions.
Action: To approve the staff recommendation to: (1) Award the contract to Infrastructure Management Services, Inc. (IMS) to conduct a Pavement Management Study for an amount of $18,996.50; (2) Appropriate $19,000 from the Prop C Fund; and (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz.
(h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24838 FOR A 4-UNIT CONDO AT 937 1ST STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 16, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5921 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24838 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 937 FIRST STREET, HERMOSA BEACH, CALIFORNIA." (Benz absent)
(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 16, 1998.
Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of June 16, 1998. (Benz absent)
At 7:45 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.
Items 1(b) and (g) 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. 1998-99 BUDGET AND CAPITAL IMPROVEMENT PROGRAM.
a. ADOPTION OF 1998-99 BUDGET. Memorandum from Finance Director Viki Copeland dated June 8, 1998.
b. ADOPTION OF 1998-99 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 10, 1998.
Finance Director Copeland presented the staff reports and responded to Council questions.
The public hearing opened at 7:50 P.M. There being no one coming forward to address the Council on this item, the public hearing closed at 7:50 P.M.
Action: To approve the staff recommendation to: 1) Receive and file questions and answers from the June 1, 1998 Budget Workshop; 2) Adopt Resolution No. 98-5922 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1998-99"; and 3) Adopt Resolution No. 98-5923 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1998-99." Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.
5. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES TO BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF APRIL 30, 1998. Memorandum from City Manager Stephen Burrell dated June 15, 1998. Supplemental list of delinquent refuse charges received June 23, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 7:52 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned why BFI could not process the collections themselves through small claims court.
The public hearing closed at 7:53 P.M.
Action: To approve the staff recommendation to adopt Resolution No. 98-5924, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES," which authorizes and directs the County Assessor to include delinquent refuse charges, which remain ten days following this hearing, as a special assessment for collection as part of the County tax collection process. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.
At 7:58 P.M., the order of the agenda returned to item 2.
MUNICIPAL MATTERS
6. CLARK BUILDING: PRIVATE PARTIES. Memorandum from Community Resources Director Mary Rooney dated June 16, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Public participation opened at 8:06 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said people who had weddings at the Clark Building should be allowed to drink, that drinking should not be restricted to just local groups.
Public participation closed at 8:07 P.M.
Action: To amend the facility use policy for the Clark Building to reflect the following: 1) The Clark Building may be reserved by: (a) non-profit, (b) community, (c) school, or (d) civic organizations, for fund-raisers, parties and/or events directly related to their organizations. Alcohol will be permitted at these functions and additional hourly restrictions will not apply. Appropriate fees to apply. 2) The Clark Building will remain available for rental on an hourly basis for: (a) meetings, and (b) recreation activities. Appropriate fees (commercial/non-profit) to apply. 3) The Clark Building will be available for rental for private parties subject to the following: (a) Private parties cannot be scheduled past 10 PM. (b) No alcohol will be permitted at private parties. (c) Resident fee shall remain at $30 per hour (plus staff costs and deposits). Non-resident fees shall be $60 per hour (plus staff costs and deposits). Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Edgerton and the absence of Benz.
7. APPROVE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE NORTH PIER PARKING STRUCTURE CIP 96-624. Memorandum from Public Works Director Harold Williams dated June 16, 1998.
Public Works Director Williams presented the staff report and responded to Council questions.
No one came forward to address the Council on this item.
Action: To approve the staff recommendations to: 1) Approve the plans and specifications for construction of the North Pier Parking Structure; 2) Authorize staff to advertise for bids for this project; and 3) Authorize the Director of Public Works to issue addendum as necessary. Motion Bowler, second Oakes . The motion carried, noting the absence of Benz.
8. HERMOSA BEACH GREENBELT IMPROVEMENTS - AWARD OF BID. Memorandum from Public Works Director Harold Williams dated June 15, 1998.
Public Works Director Williams presented the staff report and responded to Council questions. Capital Improvement Program Engineer Joe Mankawich also responded to Council questions.
No one came forward to address the Council on this item
Action: To approve the staff recommendation to: 1) Authorize the award of the construction contract for the Hermosa Beach Greenbelt Improvements (CIP 95-508) to Geoscene Landscape of Escondido, California in the amount of $586,502.25; 2) Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3) Direct the City Clerk to reject all other bids and release all bid bonds after award by City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4) Authorize the Director of Public Works to make minor changes as necessary within budget; and 5) Appropriate an additional $46,705 in Sewer Funds and reduce the UUT Fund appropriation by $18,952.53 to the Hermosa Beach Greenbelt Improvements (CIP 95-508) as presented in the Fiscal Impact; and to direct staff to report back to the Council on what the cost would be to increase from 10 inches to 12 inches the diameter of the sleeve placed under the streets. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
11. OTHER MATTERS - CITY COUNCIL
a. Request from Mayor Pro Tem Benz to sponsor an open house for the California Coastal Commission, Redondo Beach city officials and Manhattan Beach city officials on September 19th for the free beach concert.
Action: To continue this item to the next meeting of July 14, 1998, due to the absence this evening of Councilmember Benz. Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz.
b. Request from Mayor Edgerton that the City Council adopt a resolution urging that the FAA modify the loop flight pattern over the South Bay and direct that a letter be sent to Manhattan Beach, Redondo Beach, and El Segundo asking that they adopt similar resolutions. Supplemental resolution received June 23, 1998.
Mayor Edgerton spoke to his request.
Action: To adopt Resolution No. 98-5925, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE FEDERAL AVIATION ADMINISTRATION TO DISCONTINUE THE ROUTING OF AIRCRAFT OVER THE CITY OF HERMOSA BEACH." Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz.
c. Request from Mayor Edgerton that the City Council direct staff to review the LAX Airport development plans to determine whether or not appropriate CEQA procedures have been followed as to any impact on Hermosa Beach, including increased traffic, noise, etc.
Mayor Edgerton spoke to and clarified his request.
City Attorney Jenkins responded to Council questions.
Action: To direct Mayor Edgerton to draft, for Council review, a letter requesting LAX and Federal Aviation Administration (FAA) officials to respond regarding whether or not all appropriate California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) procedures have been followed as to impacts on Hermosa Beach, including increased traffic and noise; said letter to include perhaps a check list for response, and to serve as a model form that other concerned cities could use. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz.
CITIZEN COMMENTS
Coming forward to address the Council at this time were: Russell Repp - 1641 Manhattan Avenue, opposed parking in the residential areas by non-residents and business patrons; and Roger Bacon - requested that Council direct the Police Department to enforce the no right turn on red from Aviation Boulevard onto northbound Pacific Coast Highway.
City Attorney Jenkins requested that the Council add to the closed session an item of initiation of litigation pursuant to Government Code Section 54956.9(c).
Action: To add the initiation of litigation item to the closed session agenda, as recommended by the City Attorney, with the finding that the matter arose after the posting of the agenda. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8
Property: 4181-024-900 (Southeast corner of 27th St. and Manhattan Ave.) Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL
a) EXISTING LITIGATION: Pursuant to Government Code Section 54956.9(a)
(1) Name of Case: Victor v. City of Hermosa BeachCase Number: YC025553
(2) Name of Case: Stern v. City of Hermosa BeachCase Number: YC028739
b) INITIATION OF LITIGATION: Pursuant to Government Code Section 54956.9(c) - (added by motion above)
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 23, 1998, at the hour of 9:17 P.M. to a closed session.
ORAL ANNOUNCEMENTS - The following decision was made: Action: Final approval of settlement agreement, with the City to pay $55,000 to the plaintiff, in Case No. YC028739, Stern v. City of Hermosa Beach.
AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Mary Tyson, on Tuesday, June 23, 1998, at the hour of 10:08 P.M. to an Adjourned Regular Meeting on Thursday, July 9, 1998, at the hour of 7:10 P.M. with the Federal Aviation Administration (FAA) concerning flyovers and noise.
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