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 City of Hermosa Beach -- 03-25-97
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 25, 1997, at the hour of 7:13 P.M.
PLEDGE OF ALLEGIANCE - Rick Hankus, Chamber President
ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that Vasek Polak had been seriously injured while in Europe and expressed the Council's concern and good wishes for his recovery. Mr. Reviczky also announced that the Hermosa Beach Sister City of Loreto, Mexico was celebrating its 300th birthday over the week-end of October 24-26, 1997, and encouraged anyone considering a trip there at that time to make reservations soon as hotels and airlines were being booked-up, and, said the Hermosa Beach Sister City was planning a combined birthday celebration for July 26, 1997, with additional information available through the Community Resources Department at 318-0280.
Councilmember Bowler said that he would be spending the next day in "jail" for the Muscular Dystrophy Association and urged friends to send "bail" contributions if called.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Maurice Bodet - Hermosa Beach, outlined a plan, through rewards and incentives, to encourage people to move the accumulated "things" from their garages in order to provide the automobile parking that would make more street parking available; and, John Burt - 1152 Seventh Street, asked that item 1(e) be removed from the consent calendar.
(b) COUNCIL COMMENTS:
The consensus of the Council was in support of Mr. Bodet's plan and staff was directed to explore the feasibility of creating something of this type and to report back to Council.
(c) WRITTEN COMMUNICATION
1. Letter from Danny Eckersley dated March 18, 1997 regarding an incident involving a Hermosa Beach Police Officer.
Coming forward to address the Council on this item was: Danny Eckersley - 1063 Tenth Street, spoke to his letter; submitted information.
Action: To direct staff to investigate if the City has a common policy regarding DUI procedure and report back. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
City Manager Burrell stated that a faxed communication from Howard Longacre had been received shortly before the meeting tonight.
Action: To receive and file the faxed communication from Howard Longacre. Motion Benz, second Bowler. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (d) Benz, (e) Mayor Reviczky at the request of John Burt, (f) Edgerton and (j) Edgerton Motion Bowler, 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 APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on March 11, 1997.
Action: To approve the staff recommendation to approve the minutes of the Regular Meeting of March 11, 1997 as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9651 THROUGH 9830, NOTING VOIDED CHECK NO. 9685, AND TO APPROVE CANCELLATION OF CHECK NOS. 9158, 9555, 9709 AND 9721 AS RECOMMENDED BY THE CITY TREASURER.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting to question certain checks relating to disability and worker's compensation payments.
This item was heard at 11:05 P.M.
City Manager Stephen Burrell and Risk Manager Robert Blackwood responded to council questions.
Action: To approve the staff recommendation to ratify the check register as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.
Action: To approve the staff recommendation to receive and file the tentative future agenda items as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY, 1997, FINANCIAL REPORTS:
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding plan check expenses.
City Manager Burrell clarified that there was no set monthly payment as the expense was a per item expense.
Action: To approve the staff recommendation to receive and file the February, 1997, Financial Reports as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
(e) RECOMMENDATION TO APPROVE PURCHASE OF DICTAPHONE NETWORK GUARDIAN DIGITAL RECORDING SYSTEM FOR THE POLICE AND FIRE COMMUNICATIONS CENTER. (Continued from the meeting of 2/25/97.) Memorandum from Police Chief Val Straser dated March 18, 1997.
This item was removed from the consent calendar by Mayor Reviczky (at the request of John Burt) for separate discussion later in the meeting.
Coming forward to address the Council on this item was: John Burt - 1152 Seventh street, spoke in opposition to this purchase.
Police Chief Straser responded, giving reasons that detailed the need for the purchase.
Action: To approve the staff recommendation to:
Motion Benz, second Bowler. The motion carried by a unanimous vote.
(f) RECOMMENDATION TO APPROVE THE LIST OF RECOMMENDED IMPROVEMENTS FOR HERMOSA VALLEY PARK AND DIRECT PUBLIC WORKS STAFF TO RETURN TO COUNCIL WITH AN RFP TO HIRE A LANDSCAPE ARCHITECT TO DEVELOP A SCHEMATIC DESIGN FOR THE PARK IMPROVEMENTS. Memorandum from Community Resources Director Mary Rooney dated March 10, 1997.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Community Resources Director Rooney responded to Council questions.
Coming forward to address the Council on this item were: Kathy Dunbabin - Parks, Recreation and Community Resources Advisory Commissioner, explained the reasoning of the Commission for certain items on the list and thanked the Council for its interest, input and suggestions; and, Betty Martin - 27th Street, questioned if the community information-gathering meetings would still be held as she knew of many people who wished to speak at these meetings; said that many neighborhood residents wanted the round cement pad to remain as it provided a highly visible area for their toddlers to ride tricycles, etc.
Proposed Action: To refer the list back to the Commission with the Council comments. Motion Benz, second Oakes. The motion was withdrawn by the maker and the second.
Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to
Motion Benz, second Oakes. The motion carried by a unanimous vote.
(g) RECOMMENDATION TO APPROVE FEE REDUCTION AND FEE WAIVER FOR FILMING OF DOCUMENTARY ON LOS ANGELES COUNTY LIFEGUARDS. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997.
Action: To approve the staff recommendation to
(h) RECOMMENDATION TO APPROVE THE USE OF THE PIER AND BEACH NORTH OF THE PIER BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL PREVIEW SCHEDULED FOR THURSDAY, APRIL 24, 1997 AND AUTHORIZE MAYOR TO EXECUTE CONTRACT. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997.
Action: To approve the staff recommendation to:
(i) Recommendation to authorize the City Manager to negotiate a change to an existing contract with award of the construction of the Palm Drive sewer to either Unispec Construction of Los Angeles or W. C. Rasic Construction for an amount not to exceed $75,000. Memorandum from Public Works Director Amy Amirani dated March 20, 1997.
Action: To approve the staff recommendation to
(j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON MARCH 18, 1997.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
This item was heard at 11:10 P.M.
Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting held on March 18, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
(k) RECOMMENDATION TO RECEIVE AND FILE REPORT FROM CITY CLERK ELAINE DOERFLING ON REVIEW OF VIDEO/AUDIO TAPES OF THE FEBRUARY 13, 1996 CITY COUNCIL MEETING TO ASCERTAIN ACCURACY OF MINUTES FROM THAT MEETING ON THE BEACH MARKET ITEM.
Action: To approve the staff recommendation to receive and file the report.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(b), (d), (e), (f) and (j) 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.
At 7:47 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4, and noting that items 1(b) and (j) were still to be heard.
PUBLIC HEARINGS
4. GENERAL PLAN AMENDMENT FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD), ZONE CHANGE FROM C-2 TO R-2, OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 64 - 10TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997, with Ordinance for introduction and waiver of full reading.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:56 P.M. Coming forward to address the Council on this item were: Joseph Di Monda - Project architect and attorney, spoke representing the property owners; said the house was 70 years old and needed improvements that could not be made under the current zoning; said that this improvement would also provide four parking spaces that were badly needed in the area; and, Rick Hankus - Chamber President, asked that the zone change not be made as this was one of the few undeveloped commercial areas in the downtown.
The public hearing closed at 8:01 P.M.
Action: To receive and file the proposed General Plan amendment, thus denying the request. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Oakes.
Councilmember Benz requested that staff investigate and return with a method to use a Conditional Use Permit to allow residential use in a commercial zone
5. GENERAL PLAN AMENDMENT TO AMEND THE CIRCULATION ELEMENT TO RE-ROUTE THE SEGMENT OF THE COASTAL BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997, with a supplemental resolution submitted prior to the meeting.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item were: Alyse Laemmle - 2840 The Strand, spoke in support of having the bike path continue on the Strand to the northern City boundary and said that she regretted signing the earlier petition to keep the bike path on Hermosa Avenue rather than on the Strand; spoke of the deteriorating condition of the Strand and the dangers of trying to cross Hermosa Avenue with speeding bicycles having the right-of-way over pedestrians or automobiles; Jim Hamilton - 3417 The Strand, submitted informal petitions in opposition to changes in the bike path; said that he was not opposed to having the bike path continue on the Stand except that he would like a further separation from the Manhattan bike path to lessen the chance of accidents and to ensure that southbound racing bicyclers reduced their speed before entering our multi-use Strand; John Burt - 1152 Seventh Street, spoke of deed restrictions on the beach; John Hales - 624 Eighth Place, said he has been using the Strand for over 30 years and had noticed that people tended to congregated at the waters edge or on the eastern side of the beach near the wall, which left the middle of the beach wide open; said that he would like to see a meandering bike path out on the sand as they had in Venice and Marina del Rey; Margie Fish - 3332 The Strand, Thanked the Council for taking-up this issue; spoke of the problems with the deterioration of the Strand; and, Donley Falkenstien - Manhattan Avenue, asked that the Council not agree to any additional pavement on the beach.
The public hearing closed at 8:35 P.M.
Action: To adopt the supplemental Resolution No. 5848, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE CIRCULATION, TRANSPORTATION AND PARKING ELEMENT OF THE GENERAL PLAN TO INCLUDE THE STRAND IN THE BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR SAID GENERAL PLAN AMENDMENT.", with the understanding that the resolution would delete all wording regarding a connection to the Manhattan Beach bicycle path. Motion Edgerton, second Benz. The motion carried by a unanimous vote.
6. GENERAL PLAN AMENDMENT: WATER CONSERVATION PLAN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:50 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:50 P.M.
Action: To adopt Resolution No. 5849, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN CONSERVATION ELEMENT TO INCLUDE THE DROUGHT-PROOF 2000 WATER CONSERVATION PLAN PREPARED BY WEST BASIN MUNICIPAL WATER DISTRICT.", as mandated by California State Senate Bill 901. And, to direct staff to develop and return with an ordinance for Council consideration to encompass the residential use of gray water for non-potable garden irrigation. Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
The meeting recessed at the hour of 8:55 P.M. The meeting reconvened at the hour of 9:13 P.M. and suspended the order of the agenda to hear item 9.
MUNICIPAL MATTERS
7. AMENDMENTS TO THE PROPOSED SMALL LOT EXCEPTION TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE TO ALLOW 10% MARGIN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Action: To waive full reading and introduce Ordinance No. 97-1170, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2,100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Edgerton, second Oakes.
AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None
8. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF PETITION TO PROTEST PASSAGE OF COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN COUNTY OF LOS ANGELES AND THE CITY. Memorandum from City Clerk Elaine Doerfling dated March 19, 1997 and letter from City Attorney Michael Jenkins dated March 20, 1997.
City Attorney Jenkins gave his opinion to the Council and responded to Council questions. Deputy City Clerk Naoma Valdes responded to Council questions and said that a ballot measure cost had been cited by the County as $15,000 for the first measure.
Coming forward to address the Council on this item were: Parker Herriott - Hermosa Beach, disagreed with the City Attorney saying that this was the opinion of only one City Attorney; spoke in favor of the referendum; Donley Falkenstien - Manhattan Avenue, said the parking structure was just for the businesses and not for the residents; spoke in favor of the referendum; Jim Lissner - El Oeste Drive, said he was a circulator of the referendum; said that the State Constitution reserved the right to referendum for the people; asked that the referendum go to a vote of the people; Kathleen Midstokke - Hermosa Beach, circulator and proponent of the referendum, claimed the City Clerk had deliberately delayed the signature verification and had failed to give her written notice; listed her disagreements with the opinion of the City Attorney and asked that the referendum go to a vote of the people; Missy Sheldon - 1800 The Strand, said that as both a resident and a business owner she supported the parking structure and the agreement with the County; said that she felt there had been false information given to signers of the petition and urged the Council to reject placing the referendum on the ballot; Rick Hankus - resident and business owner, spoke in support of the parking structure saying that it could help save the Bijou as any prospective buyer would not consider Theatre use without adequate parking, could help nearby residents find parking closer to their homes; and could provide a place for visitors to park; John Burt - 1152 Seventh Street, spoke in support of the parking structure; Gary Wayland - Vision Hermosa, said that he supported the City Attorney, supported the City Attorney's opinion and supported the City Council's action; Gary Crumm - Los Angeles County Lifeguard, said that it was now safe to come into downtown Hermosa since the "biker bars" had been replaced with upscale businesses; said that he had heard circulators of the referendum saying things that were not accurate; spoke in support of the Council; and, Michael Hapke - resident without a garage, said that he paid $150 per month in parking tickets and was definitely in favor of the parking structure.
City Attorney Jenkins responded to Council questions and said that nothing he had heard from the proponents of the referendum had caused a change in his opinion. Mr. Jenkins continued by saying that the use of Proposition A funds was appropriate as the beach was a regional park and that providing more parking would allow more people to use the beach therefore it was a suitable use for those funds. He also said that this contract did not set public policy but was nothing more than a financing agreement that had been discussed many times in the past.
Action: To receive and file the report. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
The meeting recessed at 10:36 P.M. The meeting reconvened at 10:52 P.M. and went to item 10.
9. MUNICIPAL PIER RENOVATION - APPROVAL OF DESIGN - Memorandum from Public Works Director Amy Amirani dated March 20, 1997.
This item was heard at 9:14 P.M.
Public Works Director Amirani presented the staff report and responded to Council questions.
Coming forward to address the Council on this item were: Paul Zajfen - Architects, spoke regarding the designs presented on renderings shown to the Council.
Action: To approve alternative II, which includes costs for: 1. Pier Structural Retrofit Costs $ 680,000 2. Plaza, Lifeguard, and Deck $ 1,620,000 3. Lighting, and Handrail $ 920,000 4. Benches, Utilities and Gates $ 200,000 5. Overhead and Profit $ 243,000 6. Contingencies $ 162,000 7. Architecture and Engineering $ 241,500 for additional work on design $....80,700 8. Inspection and Management $ 200,000 Total Cost Alternative II: $ 4,347,200 With funding coming from the following:
Total Suggested Funding $ 4,390,000 Motion Edgerton, second Benz. The motion carried by a unanimous vote.
At the hour of 9:38 P.M. the order of the agenda was moved to item 7.
10. CITY HALL COMPLEX RENOVATIONS. Memorandum from Fire Chief Pete Bonano dated March 7, 1997.
Fire Chief Bonano presented the staff report and responded to Council questions.
1. Appropriate the following funds for 1997-98 to CIP 622 for City Hall Complex renovations:
2. Amend the existing contract with Gillis & Associates Architects to include an additional $13,575 due to an increase in the scope of the project.3. Direct Staff to make appropriate amendments to the existing ADA plan to facilitate the renovations as follows:
With the understanding that Council previously appropriated $310,743 for CIP 622, which added to the $383,000, as recommended by staff in section 1, provides the $693,743 required for the renovations. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
At the hour of 11:05 P.M. the order of the agenda was returned to item 3 to hear item 1(b) and 1(j).
11. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated March 19, 1997.
City Manager Burrell presented the staff report and responded to Council questions.
Action: Mayor Reviczky directed, with the consensus of the Council, that this item be continued to the meeting of April 8, 1997, in order for the applicant to be present.
12. MISCELLANEOUS ITEMS AND REPORTS - CITY
MANAGER
a. SB1310 - VOTER SALES TAX OPTION. Memorandum from City Manager Stephen Burrell dated March 10, 1997.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To authorize a letter of support for SB1310 and direct staff to follow all four items of the bill and express the City's support when appropriate during the legislative process. Motion Bowler, second Edgerton. The motion carried by a unanimous vote.
13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
14. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Mayor Reviczky for discussion of council policy regarding the in lieu parking program and fund. Staff report from City Manager Stephen Burrell from City Council meeting of March 11, 1997.
Mayor Reviczky spoke to his request. City Attorney Jenkins responded to Council questions saying that the Council could make a decision to grandfather a project if and when it came before them.
Action: To direct staff to place the in-lieu parking program, with staff recommendations, on a future agenda. Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton.
b. Request from Councilmember Benz for discussion of booths in front of store fronts during special events. Memorandum from Councilmember Benz dated March 19, 1997.
Councilmember Benz spoke to his request.
Action: To place this item on a future agenda in order for the Council to consider creating a policy regarding outside vendors having booths in front of store fronts during special events. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Mayor Reviczky.
CITIZEN COMMENTS
Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, spoke of his safety concerns in regard to the traffic signal at Aviation and Prospect; and, thanked the Council for its support of the parking structure; Gregory Allen - Partner in Shark's Cove & Club Sushi, said that he was confused by the in-lieu parking program and what the rules were; asked for clarification regarding entitlement and its application to everyone equally; and, Jim Lissner - El Oeste Drive, spoke to disagree with statements made by the Council during item 8.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 25, 1997 at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, April 8, 1997 at the hour of 7:10 P.M.
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