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 City of Hermosa Beach --- 05-25-99
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 25, 1999, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Lawrence Kolb, with "Hard Copy"
ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Benz Absent: Oakes (arrived at 7:23 P.M.)
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz announced that due to the interest from the public and the press, item 12(a), regarding bathing suit coverage, would be heard after the Written Communication item C(1) was heard.
Mayor Benz said that Measure A of the Special Election of May 18, 1999, rezoning a portion of commercial property to residential, had won by a landslide vote, but that he thought that it was a bad idea, did not agree with the result of that vote, and would fight to oppose any future rezoning of commercial property.
And, Mr. Benz announced that the "Grand Opening" for the Skate Track would be on Friday night, June 18, 1999, with a rock band and other entertainment.
Councilmember Oakes arrived at 7:23 P.M.
PUBLIC PARTICIPATION
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Chelsee Leyshock Kathryn Anderson Jasmine Nouri All three youngsters were from the fourth grade class of Jefferson School in Redondo Beach. They submitted letters from their class requesting that the Council reconsider its decision to replace the metal benches in the Downtown Plaza with 16 teak benches. They pointed out that teak came from rainforests, depletion of which caused the destruction of the environment and threatened the habitat of many endangered species. They then suggested that the Council consider plastic, concrete or some other form of metal benches for the area. Al Bowman - Seventh Street, congratulated Mayor Benz on his outspoken comments and attitude toward beach attire and called him a true patriot for suggesting the possibility of revising certain City ordinances; introduced Gary, the President of Allure Models and Talent; Gary (last name not given) - said that he was president of a non-profit organization and suggested that ten "bikini contests" be held in Hermosa Beach with the proceeds paying for affordable housing, throughout the county, for needy artists;
Action: To send this proposal to the Parks, Recreation and Community Resources Advisory Commission for its consideration. Motion Mayor Benz, second Bowler. The motion carried, noting the dissenting votes of Oakes and Reviczky.
Continuing to come forward to address the Council were: John Hales - Eighth Place, thanked the Council for the flashing red light stop signs that finally had been installed at the intersection of Pier Avenue with Valley Drive and Ardmore Avenue; Travers Devine - said that he had to take the rare opportunity to agree with Mayor Benz in trying to eliminate outdated laws; felt that topless bathing suits for everyone might be a bit extreme, but commended Mr. Benz for figuring out a way to get the media to pay attention to Hermosa Beach; and, Shawn Moonan - said that he felt that the suggestion for any type of public nudity was bad for the City and offensive to its residents and particularly to its children.
(b) COUNCIL COMMENTS:
Councilmember Reviczky asked the citizens to take notice of the United States flags that had been hung from the light standards on the main streets of the City for Memorial Day, adding that it gave him a sense of pride.
Mr. Reviczky also announced that the Hermosa Beach Fire Fighters were having their annual "All You Can Eat" pancake breakfast on Sunday, May 30, 1999, from 7:30 A.M. until noon with prices of $4.00 for adults and $2.00 for children and includes music and entertainment.
Councilmember Edgerton related a recent meeting with FAA staff at which the FAA said that recently developed software confirmed that flights had been routed over South Bay Cities and said that in the future flights would be moved north to eliminate the noise to the local residential communities.
(c) WRITTEN COMMUNICATION:
1. Letter from Jim Lissner requesting that the City Council appeal the decision of the Planning Commission approving a CUP to allow FFFFishack to expand into the former law office at 53 Pier Avenue.
Action: To receive and file the letter. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
At 7:43 P.M. the order of the agenda was suspended to go to item 12(a) under "Other Matters - City Council".
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (k) Bowler Motion Bowler, second Oakes. The motion carried by a unanimous vote.
Further Action : After the consent calendar had been approved by the Council in item 1, later in the evening, a motion to reconsider and remove item, 1(j), was made by Mayor Benz and seconded by Councilmember Bowler. The motion carried by a unanimous vote.
No one came forward to address the Council on items not removed from the consent calendar.
The meeting recessed at the hour of 7:56 P.M. The meeting reconvened at the hour of 8:20 P.M. and suspended the order of the agenda to go to the public hearing at item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on April 13, 1999.
Action: To approve the minutes of the Regular Meeting of April 13, 1999, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17243 THROUGH 17408 INCLUSIVE, NOTING VOID CHECK NO. 17354, AND TO APPROVE CANCELLATION OF CHECK NO. 17182 AS RECOMMENDED BY THE CITY TREASURER.
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 APRIL, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report.
Action: To receive and file the April, 1999, Financial Reports as presented.
Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: 1) Claimant: Burch, Judy; Dennis, Dan Date of Loss: 04/04/99 Date Filed : 04/28/99 Allegation : Property damage by tree and faulty power line And, noting the following resolved claim: 1) Claimant: March, Dana Date of Loss: 03/31/99 Date Filed: 04/12/99 Damage: Improper disposal of personal property Disposition: City reimbursed claimant for property in the amount of $833.
(f) RECOMMENDATION TO ACCEPT THE WORK BY SULLY-MILLER CONTRACTING COMPANY ON CIP 98-142, MONTEREY BLVD. STREET IMPROVEMENTS-PIER AVENUE TO 19TH STREET, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Memorandum from Public Works Director Harold Williams dated May 17, 199
Action: To approve the staff recommendation to accept the work by Sully-Miller Contracting Company, of Anaheim, on CIP Project No. 98-142, Street Improvements, and authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion), and noting that the project was completed under budget with savings to the City of $3,004.42.
(g) RECOMMENDATION TO APPROVE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND AAE, INC. IN THE AMOUNT OF $34,056 FOR CONSULTING ENGINEERING SERVICES FOR THE RECONSTRUCTION OF THE STRAND BIKEWAY AND PEDESTRIAN WALKWAY BETWEEN 24TH STREET AND 35TH STREET. Memorandum from Public Works Director Harold Williams dated May 18, 1999
Action: To approve the staff recommendation to:
(h) RECOMMENDATION TO APPROVE LEASE AGREEMENT WITH THE COMMUNITY CENTER FOUNDATION FOR THE USE OF ROOM C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Community Center Foundation and the City for the use of Room C in the Community Center at a subsidized rate of $321.36 per month (312 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total subsidy of $3,856.32; and, 2) authorize the Mayor to sign the lease.
(i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE BY CENTURY VALLEY CORPORATION TO CENTURY-TCI CALIFORNIA, LIMITED PARTNERS. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999.
Action: To approve the staff recommendation to adopt Resolution No. 99-5992, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE AGREEMENT BY CENTURY VALLEY CABLE CORP. TO CENTURY-TCI CALIFORNIA, L.P."
(j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 17, 1999.
Action : After the consent calendar had been approved by the Council in item 1, a motion to reconsider and remove this item, 1(j), was made by Mayor Benz and seconded by Councilmember Bowler. The motion carried by a unanimous vote.
Councilmember Edgerton requested the removal of item 7, CUP 98-9, denial by the Planning Commission to add a dancing area and live entertainment at 1100 The Strand, "Scotty's" for a Council review and reconsideration. Upon being informed that the appellant had already requested and paid for an appeal, the Council request was withdrawn.
Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of May 17, 1999. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
(k) RECOMMENDATION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 FOR THE COMMUNITY CENTER TENNIS COURT PROJECT FOR $59,250. Memorandum from Public Works Director Harold Williams dated May 19, 1999
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting, due to a concern with cost overruns. Mr. Bowler requested that, in the future, staff make a more thorough cost estimate for presentation to the Council before going out to bid.
Public Works Director Williams responded to Council questions.
Action: To approve the staff recommendation to:
Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
Action: To adopt Resolution No. 99-5993, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO EXECUTE A CERTAIN QUITCLAIM OF STORM DRAIN EASEMENT .
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(j) and (k) 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. APPEAL OF THE PUBLIC WORKS DEPARTMENT DENIAL OF AN ENCROACHMENT PERMIT FOR A SIX FOOT FENCE RATHER THAN A 42" FENCE ON MONTEREY BLVD. (APPROXIMATELY 2150 MONTEREY) THAT IS ON THE REAR PROPERTY OF 2150 CIRCLE DRIVE. Memorandum from Public Works Director Harold Williams dated May 17, 1999. Supplemental letter from Geofrey S. Yarema, 2160 Monterey Blvd. received May 24, 1999. Thirty-one supplemental letters received May 25, 1999.
Public Works Director Williams presented the staff report and responded to Council questions and said that the Public Works Inspector had told the owner that a six-foot fence was not allowed within the City right-of-way.
The public hearing opened at 8:25 P.M. Coming forward to address the Council on this item was: Cheryl Vargo - representing the owner, said that the six foot fence was needed for the safety and protection of his children, to keep car headlights from shinning in and for privacy; said this was a street to street property and that the fence was in his back yard; and said that he had been told that the fence was legal as this was his back yard.
Community Development Director Sol Blumenfeld responded to Council questions by saying the fence had been red-tagged by the building inspector.
Continuing to come forward to address the Council on this item were: Tony Fitzgerald - 2059 Monterey Blvd., spoke in favor of a variance as the six-foot fence allowed the property owners more privacy; Marsha Majka - 2204 Monterey Blvd., said that her home was directly across the street from this property and that she would like to see consistency for the fence heights along the street; said that this property had never had a six-foot fence; spoke in opposition to allowing a variance; Bob Essertier - 2218 Park Avenue, said that consistency was the main issue; felt that to allow this fence to remain would set a precedent for other homes in construction on the street; said that the owner had violated the law and should not be rewarded for it; Lee Hennis - 2216 Monterey Blvd., urged the Council to approve the staff recommendation and lower the height of the fence to make it more compatible with the neighborhood; Marsha Halford - 2214 Monterey Blvd., said the six-foot fence made Monterey look like an alley street and that it made it very difficult for the neighbors to back out of their driveways as the fence height blocked their view; said that the fence should not be allowed as it was against the law; Roger Creighton - 1070 Third Street, said that the Council should adhere to the law and should be consistent; Margaret Harrell - 514 24th Street, spoke in opposition to a variance; said the fence looked like the Berlin wall and would set a precedent; submitted a photo collage of the houses on the street to Council and asked that they not reward this action; and, Michael Mulligan - 2150 Circle Drive, appellant, said that this fence was needed for the safety of his young children.
The public hearing closed at 8:47 P.M.
Action: To deny the appeal and to approve the staff recommendation to order the property owner of 2150 Circle Drive, Mr. Michael Mulligan, to remove the newly erected 6-foot high wood fence on the rear of the property on Monterey Boulevard that is within the City right-of-way and replace it with a fence no more than 42" high. Motion Reviczky, second Oakes.
AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None
MUNICIPAL MATTERS
5. THIRD STREET/OCEANVIEW BARRICADE. Memorandum from City Manager Stephen Burrell dated May 18, 1999. Fifty-eight supplemental responses received May 25, 1999
City Manager Burrell presented the staff report and responded to Council questions. Public Works Director Williams also responded to Council questions.
Public participation opened at 9:05 P.M. Coming forward to address the Council on this item were: Paul Daurio - 402 Ocean View, said that surveys had been sent to 110 households, with 50 returned; of those fifty, 35 were in favor of closing Ocean View at Third Street, 12 were in favor of access onto Third Street and two had no opinion; said that the Council had to weigh the safety of neighborhood children versus a few minutes convenience; Janet Taranto - 906 Third Street, spoke in favor of retaining the closure of Ocean View at Third Street and creating a small park out of lot 21; Henderson Webb - 847 Third Street, said that the portion of Ocean View that is Lot 21 is still on the City maps as a building lot; said that he favored closing Ocean View at Third Street; Matt Richardson - 417½ Ocean View, said that he represented 20 people who wanted Ocean View to return to an open street; said that he and the others were concerned with safety for the neighborhood children but did not believe that this was the way to achieve it; asked for a traffic study and better parking enforcement to keep cars from blocking the sidewalks; Terry Maggay - 914 Third Street, said that a neighbor child had been hit by a car in the street; favored closing Ocean View; John Scanlon - 915 Third Street, asked the Council to stick with its decision to close Ocean View; said that it was a question of safety versus convenience; Roger Creighton - 1070 Third Street, said that the question should be better law enforcement; said that neither barricades nor speed bumps would slow traffic without heavy police enforcement; Allen Leslein - 843 Third Street, spoke in favor of closing Ocean View; Barbara Schoonover - 439 Ocean View, said that safety on Third Street had never been an issue and the barricades would not stop speeders on Third Street; Anthony Libutti - 933 Third Street, said that the children should play in parks, not in the street; said barricades just moved the problem to some other street; Karen Melkus - 925 Third Street, said that speed is the problem on Third Street and suggested stop signs as a means to slow traffic; and, Terri Thomas - 1016 Third Street, in favor of closing Ocean View; said it would decrease speed and be visually pleasing.
Public participation closed at 9:30 P.M.
Proposed Action: To remove the barricades at Ocean View and Third Street, allow traffic to return to its former pattern, but, keep the barricades at the bottom of the hill on Third Street near Pacific Coast Highway. Motion Mayor Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky.
Action: To approve the permanent closure of Ocean View at Third Street, maintain the barricades at he bottom of Third Street, and direct staff to have the Park, Recreation and Community Resources Advisory Commission consider the type of park that could be maintained on the area of Lot 21. Motion Oakes, second Reviczky. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz.
The meeting recessed at the hour of 9:45 P.M. The meeting reconvened at the hour of 10:18 P.M. and suspended the order of the agenda to go to item 7.
6. SURFERS' WALK OF FAME. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999
Community Resources Director Rooney presented the staff report and responded to Council questions.
Public participation opened at 10:25 P.M. Coming forward to address the Council on this item was: Roger Bacon - 1100 Pacific Coast Highway, asked that the plaques be placed on the Plaza running north and south just below the Strand, between Hennessey's and the Mermaid; asked to be allowed to continue the banner program to fund the money to redo the statue of Tim Kelly that stands at the Pier as it was made of fiberglass and was now falling into disrepair.
Public participation closed at 10:45 P.M.
Action: To approve the Pier, rather than the Plaza, as the location for the "Surfers' Walk of Fame". Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz.
Further Action: To retain the use of banners across Pacific Coast Highway as a means of raising money for the surfers' fund. Motion Edgerton, second Mayor Benz. The motion carried, noting the dissenting votes of Bowler and Reviczky.
Final Action: Mayor Benz directed, with the consensus of the Council, that staff prepare templates of the plaques in order for the Council to determine an appropriate size for the finished plaques.
Community Resources Director Rooney presented the staff report and responded to Council questions.
Public participation opened at 10:22 P.M. Coming forward to address the Council on this item was: Abel Ybarra - representing Aloha Days, responded to Council questions and said that the lovely dancers would return for the event, as well as male dancers, and would also perform at the Fiesta Hermosa this week-end; asked the Council to include Prop. A funds for shuttle service.
Public participation closed at 10:25 P.M.
Action: To approve the staff recommendation to:
Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote.
At the hour of 10:30 the order of the agenda went to item 6.
APPLICATION FOR COMMERCIAL EVENT: LOS ANGELES RUGBY
CLUB, MAKAI EVENTS.
Memorandum from Community Resources Director Mary Rooney dated
May 17, 1999.
Community Resources Director Rooney presented the staff report and responded to Council questions.
Public participation opened at 10:58 P.M. Coming forward to
address the council on this item were:
Robbie Thain - Event operator for Makai Events, said that they did not anticipate a large viewing crowd for seven on seven rugby teams, but rather that this was a participant sport; and said that they had requested the north side of the pier as they thought that it would be less disruptive.
Public participation closed at 11:00 P.M.
Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the event application and contract for Makai Events, Los Angeles Rugby Club, for August 7-8, 1999, with estimated fees of $7,065.60 Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
Councilmember Bowler declared a potential conflict of interest due to being an owner of a business that could be affected by this item and left the dais and the room at the hour of 11:03 P.M.
City Manager Burrell presented the staff report and responded to Council questions.
ACTION: To direct staff to return with a resolution allowing the purchase of in-lieu parking spaces at the cost of $12,500 per space, all monies due up-front with no time-payment consideration. Motion Edgerton, second Oakes. The motion carried, noting the absence of Bowler
Councilmember Bowler returned at the hour of 11:32 P.M.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
12. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Mayor Benz to consider the elimination of the restrictions on bathing suits (HBMC Section 9.04.020(B), specifically as it pertains to "thong" style bikinis and bikini tops for women.
Mayor Benz spoke to his request.
Action: To direct staff to put Council consideration of unenforced or obsolete ordinances on a future agenda. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote.
At the hour of 7:54 P.M. the order of the agenda was returned to item 1.
CITIZEN COMMENTS
No one came forward to address the Council at this time.
The scheduled closed session items were continued to the regular meeting of June 8, 1999.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 25, 1999, at the hour of 11:35 P.M. to the Adjourned Regular Meeting of Tuesday, June 2, 1999, at the hour of 6:30 P.M. for the purpose of certifying the election of May 18, 1999.
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