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 City of Hermosa Beach --- 05-28-98
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 28, 1998, at the hour of 7:14 P.M.
PLEDGE OF ALLEGIANCE - Garrison Frost, Jr., Beach Reporter
ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:20 P.M.)
PROCLAMATIONS: RECREATION AND PARKS MONTH - JULY 1998
Mayor Edgerton read the proclamation and said that it would be presented to the Community Resources Department.
PRESENTATIONS: PRESENTATION OF OUTSTANDING SCHOOL CROSSING GUARD AWARD TO VICTOR SWEETEN
Mayor Edgerton read the proclamation and Councilmember Bowler presented the proclamation to Victor Sweeten who thanked everyone for the honor and recounted some of the history of the Pier Avenue crosswalk and the difficulty of teaching children to understand the importance of walking bicycles across that intersection. Lee Ann Markle, Crossing Guard Supervisor with All City Management, also presented Mr. Sweeten with an award.
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Mayor Edgerton questioned the paramedic funding allocation from the Beach Cities Health District.
Action: To approve the appointment of Mayor Edgerton to replace Councilmember Reviczky on the Beach Cities Health District sub-committee (with Councilmember Benz) and to direct staff to try to set another meeting with the BCHD in order to explore the possibility of additional funding for Hermosa Beach Paramedics. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time was: Don Karasevicz - 840 15th Street, asked that public hearing item 5 be heard before item 4 as an agreement had been reached with the neighbors that would allow the item to be very brief.
Action: To suspend the order of the agenda to allow Public Hearing item 5 to be heard before item 4. Motion Bowler, second Benz. The motion carried by a unanimous vote.
Continuing to come forward to address the Council was: Shirley Cassell - Hermosa Beach, questioned why Mayor Edgerton rarely brought his City purchased laptop computer to Council meetings as the other Councilmembers did and suggested that it be returned to the City in order to allow someone else to use it; and, questioned the statements made in an unsigned letter in a local newspaper that alleged City property had been given to the Strand Hotel for its private use.
City Manager Stephen Burrell responded that the statements made in the letter were not accurate and that the public property would be re-opened in a few weeks as construction would be completed on the Hotel's first phase soon.
Continuing to come forward to address the Council was: Judy Garland - 1181 Cypress, spoke regarding the Chamber of Commerce sponsored "Fiesta de las Artes", held over the Memorial Day week-end, and said that many of the booths were not art or craft related and asked why they had been allowed in the fair; suggested that if the Chamber wished to include these vendors that the name of the fair be changed to something other than arts and crafts.
(b) COUNCIL COMMENTS: None
(c) WRITTEN COMMUNICATION:
1. Letter and petition from 3rd Street residents requesting changes to 3rd Street and Ocean View Avenue.
Coming forward to address the Council on this item were: Janet Teranto - 906 Third Street, said there was a dangerous traffic condition on Third Street and residents were asking for barriers to prevent cars from turning in the wrong direction Nicole Webb - 840 Third Street, asked that the lot site that connected Third Street and Ocean View Avenue be closed and a park created.
Action: To direct staff to return to Council with information regarding the changes requested by the residents of Third Street and Ocean View Avenue, Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky and (b) Mayor Edgerton at the request of Shirley Cassell, 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.
At 7:48 P.M. the order of the agenda was suspended to go to the public hearings starting with item 5 and then continuing with item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on May 12, 1998 .
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to his request that his name be removed as one of those appointed to the Neighborhood Preferential Parking Sub-committee, in item 6, page 9699, as he had not accepted that committee assignment.
Action: To amend the minutes of the Regular Meeting of May 12, 1998, in item 6, page 9699, to show only Councilmember Oakes as a member of the Neighborhood Preferential Parking Sub-committee, and additionally, to appoint Mayor Edgerton as the second member of the sub-committee. Motion Reviczky , second Bowler. The motion carried by a unanimous vote.
Action: To approve the minutes of the Regular Meeting of May 12, 1998, as amended. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13660 THROUGH 13808 AND TO APPROVE CANCELLATION OF CHECK NO. 13799 AS RECOMMENDED BY THE CITY TREASURER
This item was removed from the consent calendar by Mayor Edgerton (for Shirley Cassell) for separate discussion later in the meeting.
Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned: 1) check no. 13802 for a park bench in the amount of $1,129.05; 2) check no. 13696 applicable to the parking structure in the amount of $16,014.50 and asked if the County had actually provided any money for the project yet; and, 3) check no. 13668 to Leonard Brock in the amount of $3,791.45 for professional services.
City Manager Burrell responded: 1) the benches were teak and the money had been provided by a donation; 2) the money had been appropriated from a County bond issue and the County would reimburse after the City had paid for an item and submitted proof; and, 3) the services were for the oil project and would be paid by Macpherson Oil.
Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote.
(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 APRIL, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report.
Action: To receive and file the April, 1998, Financial Reports as presented.
(e) RECOMMENDATION TO APPROVE EVENT CONTRACT BETWEEN THE CITY OF HERMOSA BEACH AND HAWTHORNE SAVINGS TO PRESENT THREE FREE COMMUNITY CONCERTS ON THE BEACH: JULY 12, 19 AND 26 FROM 6:00 P.M. TO DUSK AND APPROVE PROGRAM OUTLINE. Memorandum from Community Resources Director Mary Rooney.
Action: To approve the staff recommendation to .
2. Approve the program outline, including $800 expense for Community Resources staffing.
(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 19, 1998.
Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of May 19, 1998.
(g) RECOMMENDATION TO RECEIVE AND FILE CALTRANS REPORT RELATIVE TO THE REQUEST FOR A TRAFFIC SIGNAL AT PACIFIC COAST HIGHWAY AND 16TH STREET AND AUTHORIZE THE CITY TRAFFIC ENGINEER TO REQUEST CALTRANS' CONSIDERATION OF HIGHER VISIBILITY CROSSWALKS USING STATE OF THE ART TECHNOLOGY AT THIS LOCATION . Memorandum from Public Works Director Harold Williams dated May 20, 1998.
Action: To approve the staff recommendation to:.
(h) RECOMMENDATION TO AUTHORIZE REMOVAL OF COVENANT PROHIBITING SALE OF LOTS SEPARATELY AT 514-518 PIER AVE./1184 CYPRESS. Memorandum from Community Development Director Sol Blumenfeld dated May 18, 1998.
Action: To approve the staff recommendation to authorize, by minute order, the release from the subject covenant and direct staff to execute the attached covenant superseding the original restrictive covenant.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(a) and (b) 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. GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2, AND A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT MAP #52508, FOR AN EIGHT-UNIT DETACHED CONDOMINIUM PROJECT TAKING ACCESS FROM 7TH STREET, ON THE REAR PORTION OF TWO COMMERCIAL PARCELS FRONTING ON PACIFIC COAST HIGHWAY (635 AND 705 PACIFIC COAST HIGHWAY), AND PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE P.C.H. FRONTAGE OF THE EXISTING LUMBER YARD, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 635 AND 705 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated May 19, 1998.
Councilmember Reviczky declared a potential conflict of interest due to living within the boundaries of the area and Mayor Edgerton declared a potential conflict of interest due to a Partner's representation as attorney for one of the developers, both left the dais and the room at 8:01 P.M.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:08 P.M. Coming forward to address the Council on this item was: Kurt Nelson - representing the residential developers of the project; explained the changes in the project from the last time it had been before the Council; said that there were now eight homes instead of 20 and the access would be from Seventh Street; Mike Learned - 635 Pacific Coast Highway, spoke of the history of Learned Lumber in Hermosa Beach; spoke of his time served on the Planning Commission and spoke of the history of the commercial zoning and commercial depth on Pacific Coast Highway; Joan Arias - 720 Eighth Street, thanked Learned Lumber for the offer to soundproof her home and wanted her support of the project on the record; Cynthia Kinney - 635 Sixth Street, said the project support from Sixth Street residents was contingent upon relief from the commercial traffic from Learned Lumber; David Kitchen - 713 Monterey, said that he had just purchased a house on Seventh Street and spoke in support of the project as it would upgrade the area; Scott Alden - 646 Sixth Street, spoke in support of the project and asked that the strip of land near the Learned Lumber parking lot on Sixth Street be cleaned up; John McHugh - First Place, said that the motel on Pacific Coast Highway was an eyesore; Betty Kaye - 653 Seventh Street, expressed concern that street parking near her rental property would be lost; said that she supported the project; Mike Learned - 635 Pacific Coast Highway, said that Learned Lumber will restrict commercial vehicles on Sixth Street and, if the project is accepted by the Council the new plans would close off all Learned Lumber traffic on Sixth Street; and, Kurt Nelson - representing the residential developers of the project; said that the rolled curb on Seventh Street would not impact any parking spaces near Mrs. Kaye's rental property.
The public hearing closed at 8:37 P.M.
Action: To approve the Planning Commission approval for a General Plan amendment from commercial corridor to medium density residential and zone change from SPA7 (Specific Plan Area no. 7) to R-2, and a conditional use permit, precise development plan, and vesting tentative tract map #52508, for an eight-unit detached condominium project taking access from 7th Street, on the rear portion of two commercial parcels fronting on Pacific Coast Highway (635 and 705 Pacific Coast Highway), and precise development plan to reconfigure the layout and increase the P.C.H. frontage of the existing lumber yard, and adoption of an environmental negative declaration at 635 and 705 Pacific Coast Highway. Motion Bowler, second Oakes.
AYES: Bowler, Oakes NOES: Mayor Pro Tempore Benz ABSENT: Reviczky, Mayor Edgerton
The motion failed due to the need for three affirmative votes for a zone change.
The meeting recessed at the hour of 8:49 P.M.
The meeting reconvened at the hour of 9:10 P.M. and returned the order of the agenda to item 3.
5. RECONSIDERATION OF TWO-UNIT CONDOMINIUM PROJECT AT 840 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 18, 1998.
Community Development Director Blumenfeld presented the staff report and responded to Council questions saying the neighboring disagreement had apparently been resolved.
The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item were: Don Karasevicz - 840 15th Street, explained changes that had been agreed to by the neighbors and submitted a copy of the agreement for the record; Aslam Amlani - 833 14th Street, read the entire agreement; and, Lauren Gezurian - 833 14th Street, thanked everyone for the cooperation that produced the agreement.
The public hearing closed at 7:59 P.M.
Action: To sustain the Planning Commission's approval of the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map with the provision that the project be developed in conformance with the agreement reached with neighbors dated May 20, 1998, and signed by Donald Karasevicz, Lauren M. Gezurian and Aslam Amlani; and, to direct staff to return with a Resolution that details this agreement and this action. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.
At the hour of 8:01 the order of the agenda moved to Public Hearing item 4.
MUNICIPAL MATTERS
6. TRAFFIC STUDY - 6TH STREET WEST OF PACIFIC COAST HIGHWAY. (Continued from meeting of May 12, 1998). Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1998.
Councilmember Reviczky declared a potential conflict of interest due to living within the 300 foot boundary of the project and left the dais and the room at 9:28 P.M.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Public participation opened at 9:30 P.M. Coming forward to address the Council on this item were: Cynthia Kinney - 635 Sixth Street, acted as spokesperson for the Sixth Street residents shown below and spoke of the increase in commercial traffic going westbound on Sixth Street due to changes in parking areas at Learned Lumber; asked that westbound traffic turning from the Learned Lumber parking lot onto Sixth Street be restricted; Rosamond Fogg - 610 Sixth Street; David Cohn - 631 Sixth Street; Elizabeth Connley - 650 Sixth Street; Scott Alden - 646 Sixth Street; Margaret MacDonald - 650 Sixth Street; Larry Taggart - 655 Sixth Street, and, Stephen Kinney - 635 Sixth Street.
Public participation closed at 9:37 P.M.
Action: To direct staff to establish a trial, six-month temporary closure of the westbound traffic lane on Sixth Street from the western edge of the commercial zone at the parking lot exit. Motion Mayor Edgerton, second Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Reviczky.
Councilmember Reviczky returned at 9:45
7. LORETO PLAZA - LEASE OF ADDITIONAL AIRSPACE. Memorandum from City Manager Stephen Burrell dated May 21, 1998.
Councilmember Bowler declared a potential conflict of interest due to owning a business that would be affected by the additional lease space and left the dais and the room at 9:46 P.M.
City Manager Burrell presented the staff report and responded to Council questions.
Public participation opened at 9:51 P.M. Coming forward to address the council on this item were: Jerry Newton - applicant for 385 square feet of new air space, explained the history of the air rights on the current lease, asked for an extension of air rights and agreed to City terms saying that he agreed to remove the new improvements in the event of a default; Shirley Cassell - Hermosa Beach, spoke in opposition to allowing an additional amount of air space to be leased over the pedestrian passageway in Loreto Plaza; Con Flatley - Fat Face Fenner's Fishack partner, gave his background in municipal property management; said that the City of Los Angeles charged $0.05 per square foot per year for air right leasing and said that the last air rights appraisal had been in 1967 so it would be very difficult to find comparable property; and, Garry Vincent - President of Fat Face Fenner's Falloon and President of the Hermosa Beach Restaurant and Tavern Owner's Association, spoke of the problems that the delays had caused and asked for a resolution of the issue tonight.
Public participation closed at 10:18 P.M.
Action: To approve the draft lease for new air space contingent upon approval of more detailed plans for landscape, lighting and signage. Motion Oakes, second Reviczky. The motion failed due to the dissenting votes of Benz and Mayor Edgerton and the absence of Bowler.
Councilmember Bowler returned at 10:43 P.M.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. HERMOSA BEACH CITY-SCHOOL DISTRICT PARTNERSHIP PROGRAM. Memorandum from City Manager Stephen Burrell dated May 18, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the establishment of a Hermosa Beach City-School District Partnership, and, to appoint Mayor Edgerton and Councilmember Oakes as representatives. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.
b. ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 42 SPONSORED BY THE LEAGUE OF CALIFORNIA CITIES. Memorandum from City Manager Stephen Burrell dated May 20, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To support the passage of ACA 42 so that it will appear on the November, 1998, ballot and direct that letters indicating the City's support be sent to State Senator Dills and Assemblymember Bowen. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. VACANCIES - BOARDS AND COMMISSIONS
UPCOMING EXPIRATION OF TERM - CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated May 20, 1998.
Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions.
Action: To direct that the City Clerk's Office advertise and request applications from interested parties for one member to serve a four year Civil Service Board term that will expire July 15, 1998, with the appointment to be made at the regular Council meeting of July 14, 1998. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
10. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Mayor Pro Tem Benz to consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach.
Councilmember Benz spoke to his request.
Action: To consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach. Motion Benz, second Mayor Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky. No further action was taken.
CITIZEN COMMENTS
Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, questioned: 1) when the Council Chamber remodel was to begin; 2) when the traffic signs on Herondo banning turns onto Monterey during rush hour traffic would go up; and, 3) when the parking signs changing the parking restrictions would go up on Monterey.
City Manager Burrell responded: 1) The final plans would be on the agenda of one of the next Council meetings; 2) The signs had just arrived and would go up soon; and, 3) The parking signage would take a while longer .
Continuing to come forward to address the Council was: Steve Roberts - Cafe Boogaloo, complained of the recent "Fiesta de las Artes" saying that his entry was blocked by vendor booths; that he should have had the space in front of his cafe since he had paid the Chamber of Commerce $175 for that privilege but the Chamber had given that area to someone else; said the fair no longer looked like an arts and craft show but resembled a giant swap meet in the center of the town; suggested that the fair be moved to different week-ends during the year when the parking structure is under construction to lessen the impact on the downtown merchants.
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 54956.8
Property: 4181-024-900 (Southeast corner of 27th Street & Manhattan Avenue) Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price & Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Pursuant to Government Code Section 54956.9(c)
Consideration of joining amicus brief, at no cost to the City, in the following two cases:
a) Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235
b) Kobzoff v. Harbor UCLA Medical Center, Case No. B099100
ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 8, 1998, at the hour of 11:08 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 11:25 P.M. the Closed Session adjourned to the Adjourned Regular Meeting.
ORAL ANNOUNCEMENTS - The following decisions were made:.
Action: To join in the amicus participation, at no cost to the City, in the following two cases: a) Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235 b) Kobzoff v. Harbor UCLA Medical Center, Case No. B099100
AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 28, 1998, at the hour of 11:25 P.M. to an Adjourned Meeting for the purpose of a budget workshop on Monday, June 1, 1998, at the hour of 7:10 P.M.
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