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 City of Hermosa Beach --- 04-28-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 28, 1998, at the hour of 7:20 P.M.
PLEDGE OF ALLEGIANCE - Irv Ruben
ROLL CALL: Present: Bowler, Reviczky, Mayor Pro Tempore Benz Absent: Oakes, Mayor Edgerton (arrived at 8:24 P.M.)
MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Reviczky announced that the next workshop for the Skateboard Track would be next Wednesday, May 6, 1998, at 7:00 P.M. at the proposed site at the Community Center and urged those interested to attend. Councilmember Bowler congratulated the hard work and dedication shown by the 100 young people who had attended the last Skateboard Track workshop.
PROCLAMATION: NATIONAL PUBLIC WORKS WEEK: MAY 17-23, 1998
Mayor Pro Tempore Benz donned an orange Public Works vest, read the Proclamation and presented it to Public Works Director Harold Williams, Public Works Superintendent Michael Flaherty and Public Works Contract Engineer Joe Mankawich. Director Williams thanked the Council for recognizing the Public Works Department and its contribution to the community.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were:
Irv Ruben - non-resident, spoke in favor of allowing unleashed small dogs at large;
Celeste Coar - Loma Drive, said that she had not received prior notice of, and expressed opposition to, the proposed change in preferential parking regulations which would allow year-round, until 10:00 P.M., resident permit parking;
Maria West - 615 Seventh Street, spoke in favor of civil disobedience against the leash law for small dogs;
Merna Marshall - 33rd Place, spoke in opposition to the proposed changes in preferential parking regulations and said that she had not received notice of the hearing; asked that it be imposed only in the downtown area;
Lisa Ryder - 1940 Monterey Blvd., presented petition in opposition to the proposed changes in preferential parking regulations and said that she had not received notice of the hearing; suggested a different time schedule;
Lauren Gezurian - 833 14th Street, asked that item 1(k) be removed from the consent calendar in order to ask the Council to appeal item #15 regarding a project at 840 15th Street; submitted information; and,
Don Karasevicz - 840 15th Street, owner and developer of the property in question above, spoke in favor of his project and requested a copy of information submitted by Ms. Gezurian.
(b) COUNCIL COMMENTS: Councilmember Reviczky questioned the noticing for the preferential parking changes. City Manager Stephen Burrell said that the Coastal Commission had mailed out over 8,000 notices.
City Manager Burrell removed several items from the agenda noting that the following items would be continued to the meeting of May 12, 1998: item c(1) at the request of Roger Bacon; and items 1(j) and 6 at the request of staff. Mr. Burrell said that the public hearing, item 4, needed to be continued for additional research.
At 7:52 P.M. the order of the agenda was suspended to go to the public hearing, item 4.
(c) WRITTEN COMMUNICATION:
1. Letter from Roger Bacon dated April 7, 1998 regarding permits for fundraising activities in Greenwood Park.
Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by Roger Bacon, author of the letter. (Oakes and Mayor Edgerton absent)
2. Letter from Gary Kazanjian dated April 13, 1998 regarding street parking in front of driveways by property owners/renters.
Action: To direct staff to research this request and return to Council with a recommendation. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton.
3. Letter from Russell Keller dated April 21, 1998 re placement of a vendor cart on Lower Pier Avenue.
Coming forward to address the Council on this item was: Russell Keller - spoke to his letter and explained the process for vending carts in Santa Monica; responded to Council questions.
City Manager Burrell responded to Council questions saying that the City has been gathering letters of interest on vending carts but does not have a method for evaluating or processing requests at this time.
Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l) with the exception of item (j) which was withdrawn and continued by staff to the next meeting and the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (k) Bowler for Lauren Gezurian. Motion Bowler, second Reviczky. The motion carried, noting the absence of Oakes and Mayor Edgerton.
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 April 14, 1998.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13401 THROUGH 13546 INCLUSIVE, NOTING VOIDED CHECK NO. 13542, AND TO APPROVE CANCELLATION OF CHECK NOS. 12300, 13391 AND 13407 AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check register as presented. (Oakes and Mayor 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. (Oakes and Mayor Edgerton absent)
(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MARCH, 1998, FINANCIAL REPORTS.
Action: To receive and file the memorandum regarding the delay of the March, 1998, Financial Reports due to preparation of the 1998-99 City Budget. (Oakes and Mayor Edgerton absent)
(e) RECOMMENDATION TO APPROPRIATE DONATIONS TO THE POLICE AND COMMUNITY RESOURCES DEPARTMENTS. Memorandum from Finance Director Viki Copeland dated April 20, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to recognize the donors and publicly thank them.
Action: To approve the staff recommendation to appropriate the following donations from:.
Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes and Mayor Edgerton.
(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 15, 1998.
Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of April 15, 1998. (Oakes and Mayor Edgerton absent)
(g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND PROJECT TOUCH FOR THE USE OF ROOM 3 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 20, 1998.
1) approve the one-year lease agreement between the Project Touch and the City for the use of Room 3 in the Community Center at a rate of $492 per month (529 sq.ft. X $.93 per sq.ft.) from June 1, 1998, through June 30, 1998, and $518.42 per month (529 sq.ft. X $.98 per sq.ft.) from July 1, 1998, through May 31, 1999, for a total rental income of $6,221; and, 2) authorize the Mayor to sign the lease. (Oakes and Mayor Edgerton absent)
(h) RECOMMENDATION TO APPROVE COMMUNITY CENTER LEASE RATES FOR FISCAL YEAR 1998-1999 AT $.98 PER SQUARE FOOT AND FOR FISCAL YEAR 1999-2000 AT $1.03 PER SQUARE FOOT AND APPROVE AMENDMENTS TO EXISTING LEASES. Memorandum from Community Resources Director Mary Rooney dated April 20, 1998.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation:
2. Approve Amendments to existing leases with South Bay Free Clinic, Easter Seal Society, South Bay Center for Counseling, The Association for Retarded Citizens - Southwest, and Los Angeles County Superintendent of Schools to reflect the newly approved lease rates. (Oakes and Mayor Edgerton absent)
(i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE FINANCE DIRECTOR AS THE DESIGNATED AGENT FOR ALL MATTERS PERTAINING TO FEDERAL AND STATE DISASTER ASSISTANCE. Memorandum from Finance Director Viki Copeland dated April 23, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5914, entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, STATE OF CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR AS DESIGNATED AGENT TO PROVIDE, TO THE STATE OFFICE OF EMERGENCY SERVICES, FOR ALL MATTERS PERTAINING TO SUCH STATE DISASTER ASSISTANCE, THE ASSURANCES AND AGREEMENTS REQUIRED." (Oakes and Mayor Edgerton absent)
(j) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH L.A. COUNTY PUBLIC WORKS FOR THE EDUCATIONAL SITE VISIT REIMBURSEMENT PROGRAM. Memorandum from Public Works Director Harold Williams dated April 13, 1998.
Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by staff. (Oakes and Mayor Edgerton absent)
(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 21, 1998.
This item was removed from the consent calendar by Councilmember Bowler, at the request of Lauren Gezurian, for separate discussion of #15 later in the meeting.
Coming forward to address the Council on this item were:
Lauren Gezurian - 833 14th Street, explained her concerns with the project regarding a 30 foot facade and the front door on the rear of the building directly facing her property;
Donald Karasevicz - owner and developer of the project, spoke to his development; said it had been set back so that it would not obstruct the views on 15th Street; and,
Aslam Amlani - 833 14th Street, said that his neighbor also is not in favor of this project but could not be here tonight.
Community Development Director Blumenfeld and City Manager Burrell both responded to Council questions.
Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of April 21, 1998, with the exception of #15. Motion Mayor Pro Tempore Benz, second Bowler. The motion carried, noting the absence of Oakes and Mayor Edgerton.
Action: To set item #15, Conditional Use Permit, Precise Development Plan And Vesting Tentative Parcel Map #21493 for a two-unit condominium at 840 15th Street, for a City Council appeal on Thursday, May 28, 1998. Appellants: Mayor Pro Tempore Benz and Bowler. (Oakes and Mayor Edgerton absent)
(l) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 22, 1998.
Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator : 1) Claimant: Christopher M. Scott Date of Loss: 10/22/97 Date Filed : 04/21/98 Allegation : Claimant alleges he was arrested, searched, and vehicle impounded, without cause or necessity. (Oakes and Mayor Edgerton absent)
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(e) 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.
At the hour of 8:25 P.M. the order of the agenda continued to item 5.
PUBLIC HEARINGS
4. A RESOLUTION OF THE COUNCIL OF THE CITY OF HERMOSA BEACH DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. Memorandum from Public Works Director Harold Williams dated April 16, 1998.
The public hearing opened at 7:52 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:52 P.M.
Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued for additional research as requested by staff. (Oakes and Mayor Edgerton absent)
At the hour of 7:53 P.M. the order of the agenda went to item number 6.
MUNICIPAL MATTERS
5. APPLICATION FOR TWO COMMERCIAL EVENTS: BILLIARDS BY THE BEACH (PIER PLAZA) AND STAR 98.7 BENEFIT CONCERT (BEACH). Memorandum from Community Resources Director Mary Rooney dated April 20, 1998.
Community Resources Director Rooney presented the staff report and responded to Council questions.
Public participation opened at 8:24 P.M. Coming forward to address the Council on this item was:
Michael Shaldron - Billiards on the Beach, agreed with Community Resources Director Rooney that this was a low impact event as it was just billiard tables on the Plaza; said that after expenses he would collect 20 percent of the net proceeds and the additional 80 percent would go to charities, such as the Hermosa Beach Educational Foundation.
Action: To approve the staff recommendation to approve the event application and authorize Mayor to sign event contract for Billiards By The Beach, at the Pier Plaza for August 21-23, 1998, with estimated fees of $8,275.36. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton.
Continuing to come forward to address the Council were:
Robert Lyles - Marketing Director of Star 98.7, said they estimated the crowd at 10,000 minimum as they planned to have an "A" group perform such as Cheryl Crow or Hootie and the Blowfish for this free "live concert on the beach"; said that the station planned lead-up events throughout the day with an emphasis on remote parking and shuttle use, possibly with preferential seating with shuttle use; and said they planned to use the same production company as before;
Tom Binnion - 244 34th Street, with Star 98.7, said that this would be a tremendous publicity opportunity for the City;
Dr. Mark Gold - Executive Director, Heal the Bay, said that Heal the Bay would be unable to be a co-sponsor of this event due to a commitment to Coastal Clean-up Day on the same date of September 19th; wished to clear a misconception by stating that Heal the Bay has never sued the City of Hermosa Beach and has worked to make the Herondo Storm Drain a #1 priority; and,
Unidentified man - stressed that there would be a problem with that time period as the Pier was scheduled for repair and the Parking Structure would be under construction.
Mayor Edgerton arrived at 8:48 P.M.
Public participation closed at 9:07 P.M.
Community Resources Director Rooney and City Manager Burrell responded to Council questions. Police Chief Val Straser also responded to Council questions saying that 10 to 15 officers would be used as 10,000 to 12,000 people in attendance was a realistic figure as the area could not hold more people.
Action: To approve in concept the Star 98.7 Benefit Concert for September 19, 1998, with estimated fees of $12,475.40, and, with the addition to the contract that the first $25,000 of profit would accrue wholly to the Hermosa Beach Dedicated Storm Drain Diversion Fund and any funds above that amount would be shared equally with a charity of the performers' choice. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes.
Coming forward to address the Council was:
Michael Fleisher - 84 Strand, requested to speak on item 4 and said that he was upset at the problems that had arisen regarding this project.
The meeting recessed at 9:10 P.M. The meeting reconvened at 9:45 P.M. and went to item 7.
6. TRAFFIC STUDY - 6th STREET, 8th STREET AND ARDMORE AVENUE WEST OF PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated April 20, 1998.
Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by staff. (Oakes and Mayor Edgerton absent)
At the hour of 7:54 P.M. the order of the agenda was returned to written communications, item c(1).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. CONFIRM MEETING DATE OF MONDAY, JUNE 1, 1998, FOR BUDGET WORKSHOP. Memorandum from City Manager Stephen Burrell dated April 22, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To accept the date of June 1, 1998, for the budget workshop by Council consensus. (Oakes absent)
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. FAIR HOUSING AMENDMENTS ACT OF 1998 - HR3206. (Continued from meeting of April 14, 1998) Memorandum from City Manager Stephen Burrell dated March 30, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To receive and file this item. Motion Benz, second Reviczky. The motion carried, noting the absence of Oakes.
9. OTHER MATTERS - CITY COUNCIL - None
CITIZEN COMMENTS
Coming forward to address the Council at this time was:
Gary Vincent - Fat Face Fenner's Falloon (FFFF), would appreciate a timely return of the Council review of FFFF's request.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 28, 1998, at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, May 12, 1998, at the hour of 7:10 P.M.
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