MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 27, 1999, at the hour of 7:25 P.M.

PLEDGE OF ALLEGIANCE - Christine Hollander

ROLL CALL :

Present: Benz, Reviczky, Mayor Oakes

Absent: Bowler, Edgerton

ANNOUNCEMENTS : Mayor Oakes said the final beach concert would take place from 6:00 to 8:00 P.M. Sunday, August 1, 1999 on the south side of the pier. She said Shakespeare by the Sea would take place at 6:30 P.M. Sunday, August 8, 1999, at Valley Park with "Taming of the Shrew."

Councilmember Reviczky requested that tonight's meeting be adjourned in memory of John Wellner, a 40-year resident in the 1100 block of Second Street, who recently passed away, noting he had been a World War II Army veteran, a great resident, a wonderful man, and an animal lover who would be sorely missed by everyone in the neighborhood, including all the pets.

 

Action : To adjourn the meeting in memory of long-time resident John Wellner.

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

 

PUBLIC PARTICIPATION :

 

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Kay Shurbach - VOICE environmental organization, spoke in support of the report that staff put together for item 6, and thanked staff for working with the members of VOICE.

Councilmember Benz asked about delaying item 9 (draft zoning standards for residential development) due to the absence tonight of Councilmembers Bowler and Edgerton and their interest in the matter. He also noted the need to continue item 4 (Code amendment modifying M-1 zone permitted use list) due to the lack of a quorum this evening resulting from his need to step down due to a potential conflict of interest.

City Manager Burrell noted that the next step with regard to item 9 would be to send it to the Planning Commission.

Action : Mayor Oakes directed, with Council concurrence, that agenda items 4 and 9 would not be considered this evening -- that item 4 would be continued to the meeting of August 10, 1999 for consideration by a full Council, and item 9 would be referred to the Planning Commission for public hearing and then would return to the Council at a later date.

 

(b) WRITTEN COMMUNICATION

1. Letter from Gary Kazanjian requesting a 20-minute parking space in front of his business at 423 Pier Avenue .

No one came forward to address the Council on this item.

City Manager Burrell responded to Council questions.

 

Action: To approve the placement of a 20-minute parking space at the median/planter located east of the business at 423 Pier Avenue.

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

 

2. Letter from Abel Ybarra, Corporate Director for the Aloha Days Longboard Surf Contest, requesting City Council approval to build the "Hermosa Beach Historical Surf Museum" on the north side of the lower portion of the Hermosa Beach Pier . Supplemental letter from Michael Learned dated July 27, 1999.

Coming forward to address the Council on this item was:

Abel Ybarra - spoke to his letter; said his only concern about placing the museum at the end of the pier was the potential loss of donated non-replaceable items in the event of a storm.

 

Action: To agendize the surf museum issue for the next meeting as a Municipal Matter.

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

 

3. Letter from Jim Lissner informing the City Council of the deadline to file a protest with the Department of Alcoholic Beverage Control for issuance of a license at 837 Hermosa Avenue .

City Manager Burrell responded to Council questions.

No one came forward to address the Council on this item.

 

Action : To receive and file.

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

 

4. Letter from Robbie Thain of Makai Events requesting Council approval of the addition of a live band to the "7's In the Sand" event .

Community Resources Director Rooney responded to Council questions.

Coming forward to address the Council on this item was:

Robbie Thain - Makai Events, spoke to his request to have a band play August 8, 1999, at the awards ceremony, on a stage set up south of the event, on the north side of the pier.

 

Action: To approve the request.

Motion Benz, second Mayor Oakes. The motion carried, noting the dissenting vote of Reviczky and the absence of Bowler and Edgerton.

 

5. Letter from Lauren & Aslam Amlani requesting that the City Council appeal the decision of the Planning Commission for 830 - 15th Street . Supplemental letter from Cheryl Vargo dated July 27, 1999.

Coming forward to address the Council on this item was:

Aslam Amlani - said the letter from Ms. Vargo was agreeable to him and, as long as it became part of the record, there was no issue.

 

Action: To receive and file.

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

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (n), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (k) Benz.

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

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

 

1. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :

Action : To approve the minutes of the Adjourned Regular Meeting of July 13, 1999, as presented. (Bowler and Edgerton absent)

 

b. RECOMMENDATION TO RATIFY THE CHECK REGISTER (NOS.17965 THROUGH 18093, INCLUSIVE), AND TO APPROVE CANCELLATION OF CERTAIN CHECKS (NOS. 17664, 17741, 17968 AND 18004) AS RECOMMENDED BY THE CITY TREASURER .

Action : To ratify the check register as presented and approve the cancellation of certain checks as recommended by the City Treasurer. (Bowler and Edgerton absent)

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

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

d. COMMENDATION TO RECEIVE AND FILE THE JUNE, 1999, FINANCIAL REPORTS :

Action : To receive and file the June, 1999, Financial Reports as presented. (Bowler and Edgerton absent)

 

e. RECOMMENDATION TO APPROVE OPERATIONS PLAN FOR THE SKATE TRACK WHICH INCLUDES: 1) GENERAL SUPERVISION; 2) SEASONAL HOURS OF OPERATION BASED ON AVAILABLE FUNDING FOR SUPERVISION; 3) PARTICIPANT REGISTRATION (TO BE IMPLEMENTED FOLLOWING THE SUMMER SEASON); AND, 4) ESTABLISH A SPONSORSHIP PACKAGE AND/OR USER FEE AS REQUIRED TO DEFRAY THE COST OF SUPERVISION AND MAINTENANCE .

Memorandum from Community Resources Director Mary Rooney dated July 19, 1999. Supplemental letter from Jim Lissner dated July 26, 1999.

Action : To approve the staff recommendation to approve operations plan for the skate track which includes: 1) general supervision; 2) seasonal hours of operation based on available funding for supervision; 3) participant registration (to be implemented following the summer season); and, 4) establish a sponsorship package and/or user fee as required to defray the cost of supervision and maintenance. (Bowler and Edgerton absent)

f. RECOMMENDATION TO APPROVE THE USE OF THE PIER, WEST END OF PLAZA, AND BEACH BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL BEACH SCREENING SCHEDULED FOR SUNDAY, SEPTEMBER 26, 1999 FROM 7:00PM-10:00PM; WAIVE SPECIAL EVENT, SOUND AMPLIFICATION, AND BANNER PERMIT FEES; CHARGE FOR POLICE SERVICES (IF REQUIRED) AT THE ACTUAL HOURLY RATE (NO OVERHEAD CHARGES); AND, AUTHORIZE THE MAYOR TO SIGN CONTRACT . Memorandum from Community Resources Director Mary Rooney dated July 19, 1999.

Action : To approve the recommendation by staff and the Parks, Recreation and Community Resources Commission to:

 

g. RECOMMENDATION TO APPROVE REVISED LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 7 IN THE COMMUNITY CENTER .

Memorandum from Community Resources Director Mary Rooney dated July 20, 1999.

Action : To approve the revised lease agreement between the City and the South Bay Free Clinic for the use of Room 7 in the Community Center, which conforms to the present rental policy approved by Council April 28, 1998. (Bowler and Edgerton absent)

 

h. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25096 FOR A 2-UNIT CONDOMINIUM PROJECT AT 824-828 MANHATTAN AVENUE .

Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1999.

Action : To approve the staff recommendation to adopt Resolution No. 99-6016 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, GRANTING APPROVAL OF FINAL PARCEL MAP #25096 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 824-828 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA ." (Bowler and Edgerton absent)

i. RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 99-143, MONTEREY BOULEVARD IMPROVEMENTS, AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR SAID PROJECT . Memorandum from Public Works Director Harold Williams dated July 20, 1999.

Action : To approve the staff recommendation to:

 

j. RECOMMENDATION TO APPROPRIATE $74,354.76 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW BLACK AND WHITE PATROL CARS FOR THE POLICE DEPARTMENT .

Memorandum from Police Chief Val Straser dated July 20, 1999. Supplemental letter from Jim Lissner dated July 26, 1999.

Action : To approve the staff recommendation to appropriate $74,354.76 from the Equipment Replacement Fund and authorize the purchase of three new black and white patrol cars for the Police Department from the Wondries Fleet Group of Alhambra. (Bowler and Edgerton absent)

k. RECOMMENDATION TO APPROVE CONTRACT WITH LYN RILEY IN THE AMOUNT OF $15,000 FOR THE PURPOSES OF PROVIDING THE STATE MANDATED CONTINUING EDUCATION TRAINING AND FOR ADMINISTERING THE LOS ANGELES COUNTY REQUIRED PARAMEDIC "QUALITY ASSURANCE PROGRAM ." Memorandum from Fire Department dated July 15, 1999.

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

City Manager Burrell responded to Council questions.

Action : To approve the staff recommendation to approve contract with Lyn Riley for Fiscal Year 1999-2000 in the amount of $15,000 for the purposes of providing the State mandated continuing education training and for administering the Los Angeles County required paramedic "Quality Assurance Program.

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

 

l. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 20, 1999

.

Action : To receive and file the action minutes from the Planning Commission meeting of July 20, 1999. (Bowler and Edgerton absent)

m. RECOMMENDATION TO TRANSFER $13,109 FROM CIP 98-621, PIER ARCHITECTURAL UPGRADE IN PROPOSITION A OPEN SPACE FUNDS TO CIP 95-620 PIER RENOVATION FOR FY 98-99 AND APPROPRIATE $100,000 FROM THE STATE COASTAL CONSERVANCY GRANT TO CIP 98-621 FOR FY 99-00 . Memorandum from Public Works Director Harold Williams dated July 21, 1999.

Action : To approve the staff recommendation to:

 

n. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 1999 .

Action : To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 1999. (Bowler and Edgerton absent)

 

2.  CONSENT ORDINANCES

- None

 

3.  ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Item 1(k) 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. TEXT AMENDMENT TO THE ZONING ORDINANCE TO MODIFY M-1 ZONE PERMITTED USE LIST . Memorandum from Community Development Director Sol Blumenfeld dated July 21, 1999.

It was noted that this item had been acted on at the beginning of the meeting to continue the hearing to the meeting of August 10, 1999 because there was not a quorum present this evening to discuss or act on the matter.

Action : Mayor Oakes, with the consensus of the Council, continued the public hearing to the regular meeting of August 10, 1999.

    At 8:10 P.M., the order of the agenda was suspended to go to item 7.

 

MUNICIPAL MATTERS

 

5. HERMOSA VALLEY PARK RENOVATION . Memorandum from Community Resources Director Mary Rooney dated July 20, 1999.

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

Action : To approve the staff recommendation to:

1. approve the list of improvements for Hermosa Valley Park, as presented, with the understanding that changes may need to be made; and
2. direct Public Works staff to develop a Request for Proposals as necessary for a landscape architect to prepare a design, budget, and construction documents for the proposed improvements.

Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Bowler and Edgerton, and the objection of Benz only to the lowering of the basketball hoops.

 

6. PESTICIDE USE IN THE PARKS SYSTEM. Memorandum from Public Works Director Harold Williams dated July 14, 1999.

Public Works Director Williams presented the staff report and responded to Council questions, noting that staff would monitor the program and that signs would be posted along the Greenbelt between Pier and Gould avenues.

Public participation opened at 8:55 P.M. Coming forward to address the council on this item were:

Jeff Duclos - 1932 Ava Avenue, said he had been a group participant; recommended that the Council adopt the policy, which was well thought out and had no fiscal impact on the community; and

Jim Alden - VOICE board member, applauded the steps taken; said this was a good program and encouraged the Council to try it for one year.

Public participation closed at 8:59 P.M.

 

Action : To approve the proposed IPM Program/Policy for the City of Hermosa Beach, as recommended by staff.

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

 

At 9:03 P.M., the order of the agenda returned to item 5.

 

7. PETITION TO KEEP CIRCLE DRIVE A 20-FOOT PAVED STREET. Memorandum from Public Works Director Harold Williams dated July 21, 1999.

Public Works Director Williams presented the staff report and responded to Council questions.

 

Public participation opened at 8:25 P.M. Coming forward to address the council on this item were:

Bob Tupack - 2109 Circle Drive, said his sidewalk went nowhere on either side; said none of the homes on the west side had sidewalks except his; wanted to match up to his neighbors;

Blair Smith - 2142 Circle Drive, circulator of the petition, said the residents wanted the street to stay as it is, without sidewalks; said the owners of two other homes would like to remove their sidewalks and another under construction was awaiting this decision; and

Kestutis Gedgaudas - 2025 Circle Drive, opposed widening the street any more than it was as they would lose the character of the street; said he was not interested in sidewalks.

 

Public participation closed at 8:31 P.M.

 

Action : To approve the request of the petitioners to keep Circle Drive as a 20-foot paved street, thereby eliminating the current requirement for sidewalks and allowing the homeowners to remove them if they so desire.

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

 

The meeting recessed at 8:35 P.M.

The meeting reconvened at 8:50 P.M. with item 6.

 

8. PLACING ON THE BALLOT A MEASURE, SUBMITTED BY PETITION, WHICH PROPOSES TO REPEAL THE CITY'S UTILITY USER TAX, REQUESTING CONSOLIDATION WITH THE COUNTY AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 2, 1999. Memorandum from City Clerk Elaine Doerfling dated July 15, 1999.

City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

 

Action: To approve the wording of the ballot measure question, as presented.

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

Further Action : To authorize Councilmember Bowler to file a written argument against the measure, with all Councilmembers invited to sign

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

Further Action : To allow for rebuttal arguments.

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

Final Action : To adopt the following resolutions:

1) Resolution No. 99-6017 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE, SUBMITTED BY PETITION AND RELATING TO REPEAL OF THE CITY'S UTILITY USER TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, AS CALLED BY RESOLUTION NO. 99-6006 ,"

2) Resolution No. 99-6018 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE ,"

3) Resolution No. 99-6019 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES ," and

4) Resolution No. 99-6020 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999 ."

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

 

9. FOLLOW-UP REVIEW OF DRAFT ZONING STANDARDS FOR SINGLE AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT . Memorandum from Community Development Director Sol Blumenfeld dated July 20, 1999.

It was noted that this item had been acted on at the beginning of the meeting to refer it to the Planning Commission for public hearing and have it return to the Council at a future meeting, with no discussion this evening because there was not a full Council.

 

Action: Mayor Oakes, with consensus by the Council, referred the item to the Planning Commission for public hearing, with the item to return for Council review at a future meeting.

 

10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. VACANCIES - BOARDS AND COMMISSIONS

APPOINTMENTS TO PLANNING COMMISSION TO FILL TWO EXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated July 8, 1999. (Continued from meeting of 7/13/99)

 

Action: To reschedule applicant interviews to 6:30 p.m., August 10, 1999, and continue appointments to the regular meeting of August 10, 1999.

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

b. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 20, 1999. (Continued from meeting of 7/13/99)

 

Action: To direct that the previously established Valley Park subcommittee comprised of Mayor Oakes and Councilmember Reviczky be added to the list, and to continue the assignments to the meeting of August 10, 1999 due to the absence this evening of Councilmembers Bowler and Edgerton.

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

 

13. OTHER MATTERS - CITY COUNCIL

a. Request by Councilmember Bowler to consider designating lower Pier Avenue as a "Pedestrian Plaza ." (Continued from meeting of 7/13/99)

 

Action: To continue due to the absence of Bowler.

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

b. Request by Councilmember Edgerton to direct staff to modify bench seating at South Park Roller Hockey Rink so that small children can view the action while seated . (Continued from meeting of 7/13/99)

 

Action: To continue due to the absence of Edgerton.

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

c. Discussion of possible measure for the November 2, 1999 ballot submitted by Councilmember Benz requiring all zoning changes be submitted to the voters for approval .

 

Action: To withdraw the item from consideration.

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

 

d. Discussion of possible measure for the November 2, 1999 ballot submitted by Councilmember Benz changing the height limit to 45 feet in commercial zones .

Councilmember Benz discussed his item.

City Manager Burrell and City Clerk Doerfling responded to Council questions.

 

Action: To place the issue on a future agenda for a review of the possibility of mixed uses and various alternatives, including increasing the height limit, to encourage office development, with a look at M-1 areas as well as commercial zones.

Motion Benz, second Mayor Oakes. The motion carried, noting the dissenting vote of Reviczky and the absence of Bowler and Edgerton.

 

e. Request from Mayor Pro Tem Reviczky to direct staff to return with a program to develop and implement a specific plan for the downtown (Pier Avenue from the Strand to Valley Drive and Hermosa Avenue from 8th to 16th Streets). The purpose of the specific plan would be to have goals on the kinds of uses, numbers of particular uses to achieve in the area .

Councilmember Reviczky discussed his item.

City Manager Burrell responded to Council questions.

 

Action: To agendize the issue of a specific plan for the downtown and direct staff to report back with options.

Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton.

 

f. Request from Mayor Pro Tem Reviczky to direct staff to return with a text amendment to Section 17.44.140(E) by removing the word "previous" and direct that staff perform an inventory of parking allocations for existing uses in the downtown area and that these become the maximum allocations .

 

Councilmember Reviczky discussed his item.

City Manager Burrell responded to Council questions.

 

Action: To direct staff to return with a text amendment and to inventory parking allocations for existing uses in the downtown area and make them the maximum allocations.

Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton.

 

7. Request from Mayor Pro Tem Reviczky to direct staff to amend existing program to make entertainment permits separate and issued to the operator of the business, not a CUP that goes with the property .

Councilmember Reviczky discussed his item.

City Manager Burrell responded to Council questions.

 

Action: To direct staff to report back on amending the existing program to make entertainment permits separate and issued to the operator of the business, not a conditional use permit that goes with the property.

Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton.

 

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 27, 1999, at the hour of 10:18 P.M. to the Adjourned Regular Meeting of Tuesday, August 10, 1999, at the hour of 6:30 P.M.

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