City of Hermosa Beach --- 05-11-99


MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 11, 1999, at the hour of 7:23 P.M.


PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator


ROLL CALL:

Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz said he saw "Ain't Misbehavin'" last week at the Community Center Theatre and it was one of the best shows he had ever seen. He wanted to thank everyone involved in that production.


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:

Charlie Cheatham - 548 Second Street, expressed concern about the possible impacts of what will eventually replace the Edison power plant; said a cooperative effort now would avoid future problems; suggested a City liaison work with Redondo Beach to review development proposals for the site and provide ideas on mitigating negative effects; (City Manager Burrell said Hermosa Beach will be included in the review process and a presentation would be made here once a proposal has been developed, noting it would probably be a two- to three-year process;

Al Bowman - Seventh Street, submitted information on Beyond Control, a local band composed of young musicians, ages 12, 13 and 14, and expressed concern that their request to perform at the fiesta had been denied; said the Measure A developers never put their promises for street improvements in writing and would not return his phone calls; said he and his neighbor had never heard of the Seventh Street Homeowners Association or its president, Carolyn Kitchen, ballot argument signer in favor of the project; urged voters to vote no on the measure; and

Pete Tucker - 34th Street, expressed concern about a sandblasting project over the weekend that left his vehicle covered with dust and dirt; said notice to neighboring residents is required but he had no warning, which is often a problem with sandblast projects; said they often do not have a permit, although one is required, and that the debris is left in the street and then goes into the storm drain; requested that the Council ban sandblasting on Fridays, Saturdays and Sundays when City Hall is closed.


(b) COUNCIL COMMENTS: With regard to Mr. Tucker's concern, Councilmember Bowler said a lot of work takes place on the weekends and suggested instead having a staff member on call for when problems arise. Councilmember Reviczky said staff could rotate Friday duty, noting that Public Works is on duty on Fridays.


Action: Mayor Benz directed, with unanimous Council concurrence, that staff bring the issue back during budget review for consideration of staffing on Fridays to resolve the problem.


Councilmember Edgerton announced that there would be a meeting on the LAX loop at 11:00 A.M. Friday, May 14, 1999, at the FAA building; said he would attend the meeting and report back at the next Council meeting.


Mayor Benz commented on the briefs he read on the pending oil lawsuit. With regard to Measure A, he urged everyone to vote, saying, in his opinion, that the conversion of commercial property to residential was one of the most important issues that the City has ever faced.


(c) WRITTEN COMMUNICATION:


  1. SEQ OL0_0 1 . Letter from Conn Flatley; President of Fat Face Fenner's Falloon, Ltd., requesting permission to utilize 2nd Floor bridge at 53 Pier Avenue for outdoor dining.


Councilmember Bowler declared a potential conflict of interest due to being involved in the business and left the dais and the room at 7:43 P.M.


City Manager Burrell and City Attorney Jenkins responded to Council questions.


Coming forward to address the Council on this item was:

Conn Flatley - spoke to his request, saying they would like to offer the benefit of outdoor dining to their customers, as the other Pier Avenue restaurants have been able to do; and

Gary Vincent - vice president of Fat Face Fenner's Falloon, Ltd., said a parking plan had been submitted to the Planning Commission for review at its next meeting.


Action: To (1) grant permission for the use of outdoor dining on the south bridge, thereby permitting the proposal to move forward through the required process with an application for outdoor dining; (2) direct staff to prepare an encroachment permit under the same terms and conditions as was applied to all other outdoor dining encroachment permits; and (3) direct that the applicant file all necessary applications, including a parking plan, for Planning Commission approval.

Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler.


Action: To revisit the parking in-lieu fees and the program itself, specifically to make it more feasible for small businesses to come into town by providing them with some type of financing plan.

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


Councilmember Bowler returned to the dais at 8:10 P.M.


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: (f) Reviczky and (g) Bowler.

Motion Reviczky, 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.


(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK REGARDING MINUTES OF THE CITY COUNCIL MEETINGS OF APRIL 13, APRIL 27 AND MAY 2, 1999.


Action: To receive and file the memorandum from the City Clerk as presented.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17081 THROUGH 17242 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 17169 AND 17203.


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 RECEIVE AND FILE THE MARCH, 1999, FINANCIAL REPORTS:

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.


Action: To receive and file the March, 1999, Financial Reports as presented.


(e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25159 FOR A 2-UNIT CONDOMINIUM PROJECT AT 117 & 119 LYNDON STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 28, 1999.


Action: To approve the staff recommendation to adopt Resolution No. 99-5982, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25159 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 117 AND 119 LYNDON STREET, HERMOSA BEACH, CALIFORNIA."


(f) RECOMMENDATION TO ACCEPT AND APPROPRIATE DONATION OF $300.00 FROM HAWTHORNE SAVINGS TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE 1999 SPRING EGGSTRAVAGANZA. Memorandum from Finance Director Viki Copeland dated May 3, 1999.


This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donor.


Action: To accept and appropriate the donation of $300.00 from Hawthorne Savings to the Community Resources Department to be used for the 1999 Spring Eggstravaganza, as recommended by staff.

Motion Reviczky, second Oakes. The motion carried by a unanimous vote.


(g) RECOMMENDATION TO AWARD BID TO SMITH & HAWKIN FOR THE PURCHASE OF SIXTEEN (16) TEAK BENCHES TO BE PLACED IN THE DOWNTOWN PIER PLAZA, AT A TOTAL COST OF $19,199.77. Memorandum from Finance Director Viki Copeland dated May 3, 1999.


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


City Manager Burrell responded to Council questions.


Action: To award the bid to Smith & Hawkin for the purchase of sixteen (16) teak benches to be placed in the downtown Pier Plaza, at a total cost of $19,199.77, as recommended by staff, and to direct staff to find an appropriate use for the benches that are removed.

Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote.


(h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE PROJECT LIST FOR THE STATE TRANSPORTATION IMPROVEMENTS PROGRAM (STIP) AUGMENTATION STORM DAMAGE FUNDING PROGRAM. Memorandum from Public Works Director Harold Williams dated May 5, 1999.


Action: To approve the staff recommendation to adopt Resolution No. 99-5983, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA SUBMITTING THE CITY PROJECT LIST FOR THE STATE TRANSPORTATION IMPROVEMENTS PROGRAM (STIP) AUGMENTATION STORM DAMAGE FUNDING PROGRAM."


(i) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS' COMPENSATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 6, 1999.


Action: To approve the staff recommendation to receive and file the Quarterly Report on Workers' Compensation.


2. CONSENT ORDINANCES: None


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Items 1(f) 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. ADOPTION OF THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15, SECTIONS 15.04 THROUGH 15.24 OF THE HERMOSA BEACH MUNICIPAL CODE. (Continued from meeting of April 27, 1999.)


Action: To withdraw this item and readvertise it as a Public Hearing for a meeting in June of 1999, as recommended by staff.

Motion Reviczky, second Oakes. The motion carried by a unanimous vote.


MUNICIPAL MATTERS


5. UNDERGROUNDING UTILITIES ON LOMA DRIVE & MYRTLE AVENUE. Memorandum from Public Works Director Harold Williams dated May 6, 1999. Three supplemental items from City Manager Stephen Burrell received May 11, 1999.


City Manager Burrell reviewed the supplemental items, presented the staff report and responded to Council questions. He said a public meeting would be scheduled with each of the neighborhoods before July 13 to review the particulars, and at the July 13 Council meeting, the ballots would be counted as they come in an election under the provisions of Prop 218, noting that this would be the first time the City has gone through this process. He said if there is a sufficient number of votes, the project would proceed. Public Works Director Williams also responded to Council questions.


Action: To (1) adopt the following resolutions for undergrounding assessment districts on Myrtle Avenue and Loma Drive, to be paid for by the property owners, and (2) direct the City Manager to execute the agreements for bond counsel and financial advisor, as recommended by staff.

Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.


Resolution No. 99-5984, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH EMPLOYING FINANCIAL ADVISOR FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5985, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ORDERING THE FILING OF THE BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5986, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING AND ORDERING THE FILING OF THE BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5987, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH EMPLOYING BOND COUNSEL FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5988, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING REPORT AND THE FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5989, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING REPORT AND THE FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5990, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)"


Resolution No. 99-5991, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)"


Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.


The meeting recessed at 8:30 P.M.

The meeting reconvened at 8:55 P.M.


6. IMG BEACH BASH - PLAZA CONCERT BANDS. Memorandum from Community Resources Director Mary Rooney dated April 5, 1999.


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


Coming forward to address the Council on this item was:

James Leitz - IMG vice president, presented a sample of the street banners that IMG would provide for placement on light poles on Hermosa and Pier avenues and on the Strand as part of their marketing plan to advertise the event.


Action: To approve the Plaza concerts proposed to take place from 4:00 P.M. to 6:30 P.M. on Friday, June 11, through Sunday June 13, 1999, in conjunction with the Mervyn's Beach Bash, as recommended by staff.

Motion Bowler, second Edgerton. The motion carried by a unanimous vote.


In response to Council questions, Community Director Rooney said the end of June is the target for completion of the skateboard park and that staff had been working on a great grand opening with professionals and local teams. With regard to the tennis courts, she said the delay was due to some engineering issues that required revision of the original design to fix the retaining wall.


Action: To direct staff to see if Beyond Control, the local youth band, would be interested in playing at the grand opening of the skateboard park.

Motion Edgerton, second Oakes. The motion carried by a unanimous vote.


7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. SB3 - CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT. Memorandum from City Manager Stephen Burrell dated April 29, 1999.


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


Action: To endorse SB3 and authorize the Mayor to send a letter of support, and to direct staff to track the bill through the legislative process, as recommended by staff.

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.


b. PARKING STRUCTURE RETAIL GROUND LEASE - SET SPECIAL MEETING DATE OF THURSDAY, JUNE 3, 1999.


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


Action: To set a special meeting for Monday, June 7, 1999 at 7:00 P.M. to review the three proposals received from developers for the ground lease.

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.


8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL


a. VACANCIES - BOARDS AND COMMISSIONS: UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 3, 1999.


City Clerk Doerfling presented the staff report and responded to Council questions


Action: To approve the staff recommendation to direct the City Clerk to immediately advertise and request applications from interested parties for two Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 1999; two Planning Commission terms that will expire June 30, 1999; and two Civil Service Board terms that will expire July 15, 1999.

Motion Bowler, second Reviczky. The motion carried by a unanimous vote.


9. OTHER MATTERS - CITY COUNCIL - None


CITIZEN COMMENTS


No one came forward to address the Council at this time.


ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 11, 1999, at the hour of 9:10 P.M. to the Adjourned Regular Meeting of Monday, May 24, 1999, at the hour of 7:10 P.M. for the 1999-2000 Fiscal Year Budget Workshop.


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