MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 9, 2001, at the hour of 7:17 P.M.

 

PLEDGE OF ALLEGIANCE - Public Works Commissioner Jean Lombardo

 

ROLL CALL :

Present: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky
Absent: None

 

ANNOUNCEMENTS : Mayor Reviczky announced that the meeting would be adjourned in memory of Betty Sue Roberts. Councilmember Edgerton said Betty Sue was the mother of Steve Roberts, owner of the Boogaloo Café. He expressed condolences and said her family has requested that donations be made for a park bench in Hermosa Beach in her memory in lieu of flowers.

Mayor Reviczky announced that the next Household Hazardous Waste Round-up would take place in Hermosa Beach on Saturday, January 27, 2001, from 9 A.M. to 3 P.M., on Valley Drive between Eighth Street and 11th Street.

Mayor Reviczky read a thank you letter he had received for the Beach Cities Toy Drive. He and Councilmember Edgerton commented on the success of the project, thanking the residents for their generosity and everyone who helped wrap the toys.

Mayor Reviczky spoke of the success of the New Year's event celebrating the real new millennium, noting that the Big Band was excellent.

Councilmember Oakes announced and congratulated former Councilmember Bob Benz and his wife Pat on the recent birth of their daughter Shelby.

 

PRESENTATION :

PRESENTATION OF PLAQUE TO RUTH BRAND
IN RECOGNITION OF HER SERVICE
 ON THE CIVIL SERVICE BOARD

Mayor Reviczky noted the resignation of Ms. Brand from the Civil Services Board and said a plaque had been prepared in recognition of her 14 years as a Board member. He said Ms. Brand, who was unable to attend tonight's meeting, was also a long-time friend. He thanked her for her years of community service and said the plaque would be forwarded to her.

 

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Pete Tucker - Hermosa Beach, commended Mike Flaherty, Public Works Superintendent, for being downtown at 6:30 A.M. on New Year's Day directing the clean-up of the Plaza; suggested that the City look into the effect that Edison's current problems may have on the completion of the undergrounding underway in the City, noting he heard they were canceling subcontractors.

Mayor Reviczky requested that staff look into the issue to determine how Edison's current problems will affect the undergrounding in the City.

 

(b) WRITTEN COMMUNICATIONS - None

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations 1(a) through (s), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Mayor Reviczky, (k) Oakes, (l) Dunbabin, (m) Mayor Reviczky, (n) Dunbabin, (q) Bowler, and (s) Edgerton.
Motion Bowler, second Oakes. The motion carried by a unanimous vote.

 

At 7:30 P.M., the order of the agenda was suspended to go to public hearing item 5, followed by public hearing item 4.

 

(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 12, 2000 .

Action : To approve as presented the City Council minutes of the Regular Meeting of December 12, 2000.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 23557 THROUGH 23780, NOTING VOIDED CHECK NOS. 23616 AND 23765 .

Action : To ratify the Check Register, as presented.

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .

Action : To receive and file the tentative future agenda items, as presented.

(d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2000 FINANCIAL REPORTS :

(1) Revenue and expenditure report ;
(2) City Treasurer's report ; and
( 3) Investment report .

Action : To receive and file the November 2000 financial reports, as presented.

(e) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF 34 BALLISTIC VESTS IN THE AMOUNT OF $13,617.86 FROM THE U.S. ARMOR CORPORATION OF SANTA FE SPRINGS, CALIFORNIA, FOR USE BY OFFICERS OF THE POLICE DEPARTMENT; APPROVE ESTIMATED REVENUE OF $6,164 IN THE GRANT FUND, BULLETPROOF VEST PARTNERSHIP (BVP) ACCOUNT 150-211-5402; AND, APPROPRIATE $6,164 IN BVP FUNDS FOR THE PURCHASE OF THE BALLISTIC VESTS . Memorandum from Police Chief Val Straser dated December 19, 2000.

Action : To approve the staff recommendation to:

1. Authorize the purchase of 34 ballistic vents ($13,617.86) from the U.S. Armor Corporation of Santa Fe Springs, California, for use by officers of the Police Department;

2. Approve estimated revenue of $6,164 in the Grant Fund, Bulletproof Vest Partnership (BVP) account, 150-2111-5402; and

3. Appropriate $6,164 in BVP funds for the purchase of the ballistic vents.

(f) RECOMMENDATION TO ACCEPT THE WORK BY ATLAS UNDERGROUND CO. FOR PROJECT NO. 99-409, MANHOLE REPAIR/SEWER RECONSTRUCTION AT 24TH STREET, BEACH DRIVE AND THE STRAND; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ATLAS UNDERGROUND CO. (5% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION) . Memorandum from Public Works Director Harold Williams dated December 19, 2000.

Action : To approve the staff recommendation to:

1. Accept the work by Atlas Underground Co. for Project No. CIP 99-409 Manhole Repair/Sewer Reconstruction at 24th Street, Beach Drive and The Strand;

2. Authorize the Mayor to sign the Notice of Completion; and

3. Authorize staff to release payment to Atlas Underground Co. (5% retained for 35 days following filing of Notice of Completion.

(g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF DECEMBER 13, 2000 .

Action : To receive and file the action minutes from the Public Works Commission meeting of December 13, 2000.

(h) RECOMMENDATION TO ACCEPT DONATION OF $200 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE TREE LIGHTING CEREMONY . Memorandum from Finance Director Viki Copeland dated December 27, 2000.

This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donor.

Action : To accept the following donation to the City:

• $200 - Hermosa Beach Chamber of Commerce - to be used for the tree lighting ceremony.

Motion Mayor Reviczky, second Dunbabin. The motion carried by a unanimous vote.

(i) RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2001 CALENDAR YEAR . Memorandum from City Clerk Elaine Doerfling dated December 28, 2000.

Action : To receive and file the list of regular and ongoing City board, commission and committee appointive terms which will expire during the 2001 calendar year, as recommended.

(j) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR STREET IMPROVEMENTS FOR CIP NO. 00-171, ARDMORE AVENUE - VARIOUS LOCATIONS, AND CIP NO. 00-172, 21ST STREET BETWEEN VALLEY DRIVE AND POWER STREET, IN THE AMOUNT OF $50,174; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $5,017 . Memorandum from Public Works Director Harold Williams dated December 26, 2000.

Action : To approve the staff recommendation to:

1. Award a Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 00-171 and CIP No. 00-172 in the amount of $50,174;

2. Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and

3. Authorize the Director of Public Works to make changes to the agreement up to $5,017.

(k) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 99-627, COMMUNITY CENTER IMPROVEMENTS - FENCING, TO ACE FENCE COMPANY OF THE CITY OF INDUSTRY, CALIFORNIA, IN THE AMOUNT OF $53,750; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $6,250 . Memorandum from Public Works Director Harold Williams dated December 21, 2000.

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

Public Works Director Williams responded to Council questions. Community Resources Director Rooney also responded to Council questions.

Action : To approve the staff recommendation to:

1. Award the construction contract for Project No. CIP 99-627 Community Center Improvements - Fencing to Ace Fence Company of the City of Industry, California, in the amount of $53,750;

2. Authorize the Mayor to execute and the city Clerk to attest the construction contract subject to approval by the City Attorney; and

3. Authorize the Director of Public Works to make minor changes as necessary not to exceed $6,250.

Motion Mayor Reviczky, second Councilmember Edgerton. The motion carried, noting the dissenting vote of Oakes.

(l) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated December 21, 2000.

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

Public Works Director Williams responded to Council questions.

Action : To receive and file the status report of the Capital Improvement projects that are under design or construction, as recommended by staff.
Motion Dunbabin, second Mayor Reviczky. The motion carried by a unanimous vote.

(m) RECOMMENDATION THAT THE CITY COUNCIL APPROVE THE PUBLIC WORKS COMMISSION'S RECOMMENDATION TO MAINTAIN STATUS QUO RELATIVE TO TRAFFIC MANAGEMENT MEASURES IN THE SOUTH END OF TOWN AND DIRECT STAFF NOT TO FURTHER STUDY THIS ISSUE . Memorandum from Public Works Director Harold Williams dated December 21, 2000. Supplemental information from Public Works received January 8, 2001.

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

Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Proposed Action : To have the Public Works Commission look at the traffic problems citywide.
Motion Mayor Reviczky. The motion died due to the lack of a second. It was suggested that the issue of a citywide study be deferred until the City Council and Public Works Commission's joint meeting in the spring.

Action : To approve the recommendation of the Public Works Commission to maintain the status quo relative to traffic management measures in the south end of the town and direct staff not to further study the issue.
Motion Oakes, second Edgerton. The motion carried by a unanimous vote.

(n) RECOMMENDATION THAT THE CITY COUNCIL CONSIDER THE PUBLIC WORKS COMMISSION'S RECOMMENDATION TO CONVERT ONE 3-HOUR METERED PARKING SPACE TO AN UNMETERED GREEN CURB 30-MINUTE PARKING SPACE AT 1007 HERMOSA AVENUE I.E., THE NORTHERNMOST SPACE ON THIS BLOCK . Memorandum from Public Works Director Harold Williams dated January 2, 2001.

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

City Manager Burrell responded to Council questions.

Action : To approve the recommendation of the Public Works Commission to convert one 3-hour metered parking space at 1007 Hermosa Avenue to a non-metered 30-minute parking space with a green curb.
Motion Dunbabin, second Bowler. The motion carried, noting the dissenting vote of Edgerton.

Staff was requested to report back at a future meeting on smart meters and the possibility of placing them at various locations throughout the city.

(o) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2001 . Memorandum from City Treasurer John Workman dated January 2, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6111 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2001 ."

(p) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 5, 2000 .

Action : To receive and file the minutes of the December 5, 2000, meeting of the Parks, Recreation and Community Resources Advisory Commission.

(q) RECOMMENDATION THAT THE CITY COUNCIL WAIVE PARKING FEES AND TIME LIMITS FOR THE METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE) AND HERMOSA AVENUE (BETWEEN EIGHTH AND 16TH STREETS) DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 11, 2001, FROM 7:00 A.M. TO 12:00 P.M . Memorandum from Community Resources Director Mary Rooney dated January 2, 2001.

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

Community Resources Director Rooney responded to Council questions. City Manager Burrell also responded to Council questions.

Action : To waive parking fees and time limits for the meters along Pier Avenue (from Manhattan Avenue to Hermosa Avenue) and Hermosa Avenue (between Eighth and 16th streets) or for use of the parking structure, whichever staff deems more appropriate, during the Sand and Strand Run on Sunday, February 11, 2001, from 7 A.M. to 12 noon.
Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote.

(r) RECOMMENDATION TO RECEIVE THE PETITION FROM RESIDENTS ON 30TH STREET REQUESTING THAT 30TH STREET BE CLOSED AT THE WEST END OF THE BMW PROPERTY AND THAT STOP SIGNS BE INSTALLED AT 30TH STREET AND ARDMORE AVENUE AND REFER THIS ITEM TO THE PUBLIC WORKS COMMISSION FOR ITS REVIEW AND RECOMMENDATION . Memorandum from City Manager Stephen Burrell dated December 20, 2000. Supplemental petition from residents in opposition to closure of 30th Street

Action : To approve the recommendation of the Public Works Commission to:
1.    receive the petition from the 30th Street residents for the closure of 30th Street and the installation of stop signs at 30th Street and Ardmore Avenue; and ,
2.     refer the issue to the Public Works Commission for its review and recommendation.

(s) RECOMMENDATION TO ADOPT A RESOLUTION OBJECTING TO THE CONSENT DECREE RELATED TO THE CAL COMPACT LANDFILL SUPERFUND SITE IN CARSON, CALIFORNIA . Memorandum from Personnel Director/Risk Manager Michael Earl dated January 2, 2001.

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

City Attorney Jenkins responded to Council questions.

Action : To approve the staff recommendation to adopt Resolution No. 01-6112 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OBJECTING TO THE PROPOSED CONSENT DECREE RELATED TO THE CAL COMPACT LANDFILL SUPERFUND SITE IN THE CITY OF CARSON, CALIFORNIA ," with direction to forward copies of the resolution to the offices of Senator Debra Bowen and Assemblyman George Nakano.
Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote.

 

2. CONSENT ORDINANCES

a. ORDINANCE NO. 01-1211 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE ." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 21, 2000.

Action : To waive full reading and adopt Ordinance No. 01-1211 , as recommended.
AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(h), (k), (l), (m), (n), (q), and (s) 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. AN APPEAL OF THE PLANNING COMMISSION MODIFICATION OF A MASTER CONDITIONAL USE PERMIT FOR AUTO REPAIR, AUTO BODY AND PAINT BUSINESS AT 501-555 PACIFIC COAST HIGHWAY . Memorandum from Community Development Director Sol Blumenfeld dated December 26, 2000. Supplemental information received January 9, 2001, from the Community Development Department.

At 8:30 P.M., Mayor Reviczky left the dais and the room due to a potential conflict of interest.

Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

The public hearing opened at 8:49 P.M. Coming forward to address the Council on this item were:

Jack Wood - representing the property owner, said there were multiple tenants on the site; said complaints had been made to the City, not the owner; said the problems were resolved when the owner was made aware of them; estimated the minimum cost of a clarifier to contain surface run-off to be about $50,000

Paul Burke - Hermosa Beach, said the property had looked like a junk yard, with no available on-site parking, requiring vehicles to park on Fifth and Sixth streets; said the parking problem had been alleviated since the site was cleaned up, but wanted guarantees that the problems would not arise again;

Pete Tucker - Planning Commission, spoke in support of the condition requiring the design and installation of a clarifier, noting that everything drains into the ocean; suggested allowing three years or so for the installation to occur due to the high cost; and

Jack Wood - said all of the businesses at the site were in compliance with regard to recycling oil, etc.

The public hearing closed at 9:11 P.M.

It was the consensus of the Council to start requiring a separate conditional use permit (CUP) for individual uses that would normally require a CUP, in addition to a master CUP which would cover all businesses on a property such as this.

The Council then reviewed the specific conditions of approval imposed by the Planning Commission in PC Resolution 00-52 and reached consensus on whether or not to include the new conditions along with the conditions contained in the master conditional use permit for the property (CUP 93-11):

• #1 - include condition requiring conformance with an approved site plan;

• #2 - include but modify language to require an annual inspection by the Fire Department to ensure compliance with spray boot filtration maintenance and compliance with AQMD regulations; rather than having the owner submit evidence;

• #3 - include condition prohibiting vehicle storage for more than 90 days;

• #4 - include condition prohibiting auto wrecking and dismantling of automobiles for parts salvage but use CUP 93-11 wording;

• #5 - include condition prohibiting the on-site storage of unregistered vehicles but use the language in CUP 93-11;

• #6 - include condition requiring an affidavit from the owner indicating that all tenants were provided with a copy of the amended resolution;

• #7 - no consensus to include the condition requiring the design and installation of a clarifier to contain surface run-off due to tie vote (Edgerton and Oakes in favor, Bowler and Dunbabin opposed); consensus to retain wording of condition #14 of 93-11; consensus to include the second sentence of #7 (Res. 00-52) prohibiting washing, sweeping or by any means putting trash or debris in the right of way;

• #8 - no interest in this condition as worded; proposal to bring the CUP back in one year for full review failed due to tie vote (Oakes and Dunbabin in favor, Bowler and Edgerton opposed); consensus to have annual staff review; and

• #9 no support for the condition requiring that the owner provide a monthly log of customer license plates for verification of vehicle registration.

Action : To direct staff to prepare for Council adoption a resolution amending the master Conditional Use Permit for an auto repair, auto body and paint business at 501-555 Pacific Coast Highway, with the changes noted above.
Motion Oakes, second Dunbabin. The motion carried, noting the absence of Mayor Reviczky.

Final Action : To direct staff to research the issue of implementing a citywide requirement for clarifiers and report back on a future agenda.
Motion Edgerton, second Oakes. The motion carried, noting the absence of Mayor Reviczky.

 

The meeting recessed at 9:50 P.M.
The meeting reconvened at 10:10 P.M. with all members present, and the order of the agenda returned to item 2.

 

5. PROPOSED VACATION AND ABANDONMENT OF TWO EIGHT (8) FOOT WIDE PORTIONS OF SILVERSTRAND AVENUE, BOTH PORTIONS BOUNDED BY 25 ^TH STREET TO THE NORTH AND 24 ^TH STREET TO THE SOUTH AS SHOWN ON TRACT NO. 113 AS PER MAP RECORDED IN BOOK OF MAPS 13, PAGE 133, AND ON TRACT NO. 820 AS PER MAP RECORDED IN BOOK OF MAPS 17, PAGE 133, BOTH MAPS RECORDED AND LOCATED IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. THE PORTIONS ARE DESCRIBED AS :

1. THE EASTERLY EIGHT (8) FEET OF SILVERSTRAND AVENUE ADJACENT TO LOTS 9 THROUGH 22 INCLUSIVE, OF SAID TRACT NO. 113 ; and

2. THE WESTERLY EIGHT (8) FEET OF SILVERSTRAND AVENUE ADJACENT TO LOT 37 OF SAID TRACT. NO. 113 AND LOTS 23, AND 25 THROUGH 43 INCLUSIVE, OF SAID TRACT NO. 820 .

(Continued from meeting of December 12, 2000) Memorandum from Public Works Director Harold Williams dated January 2, 2001. Supplemental petitions in favor of the easement vacation submitted January 9, 2001 by Kathleen Greenspan.

At 7:31 P.M., Councilmember Dunbabin left the dais and the room due to a potential conflict of interest.

Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

The public hearing opened at 7:51 P.M. Coming forward to address the Council on this item were:

John Gleason - Hermosa Beach, objected to the proposal due to concerns about utility easements, liability issues and property tax ramifications; said the proposal taxes many to benefit one;

Bud Miller - Hermosa Beach, said he was unaware a petition had been circulated; opposed the vacation as he did not want his property taxes to increase;

Dency Nelson - Hermosa Beach, questioned the sewer location; said new construction conforms to current setbacks; objected to higher taxes, noting he already was paying an additional $730 per year for the undergrounding; suggested there may be another way to solve the bay window problem;

Walter Wilmot - Hermosa Beach, said he was going to demolish and rebuild his home and favored the vacation so his home would extend as far out as his neighbor's home;

Diane Miller -Hermosa Beach, spoke in opposition to the vacation; said she and other neighbors knew nothing about the petition;

Dean Nota - Hermosa Beach, representing his mother-in-law, Nadine Russell, said she was opposed to the proposed vacation because of the property tax increase, noting that she had been in favor of the undergrounding project;

Kathleen Greenspan - Hermosa Beach, said she wrote a letter listing her phone numbers and polled the neighborhood; said the issue began because of her non-conforming bay window,

Moira Nelson - Hermosa Beach, said she did not want to be taxed at a higher rate; questioned how many Silverstrand residents were in favor of the proposed vacation, noting it seemed like a drastic solution to a bay window problem; and

Pete Tucker - Hermosa Beach, said the vacation would ultimately create a canyon effect due to the narrowed public right of way; did not think the whole neighborhood should be penalized to solve the problem; said people enjoy the wide open space and suggested granting a variance to allow the bay window.

The public hearing closed at 8:20 P.M.

Action : To take no action on the issue.
Motion Bowler, second Edgerton. The motion carried, noting the absence of Dunbabin.

At 8:30 P.M., Councilmember Dunbabin returned to the meeting.

 

MUNICIPAL MATTERS

6. 1999-2000 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) (INCLUDING REPORT FROM INDEPENDENT AUDITOR) . Memorandum from Finance Director Viki Copeland dated December 18, 2000.

Finance Director Copeland presented the staff report and responded to Council questions.

Coming forward to address the Council on this item was:

Gary Caporicci - Caporicci, Cropper and Larson, spoke on his report.

Action : To receive and file the 1999-00 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci, Cropper and Larson, the City's independent auditors.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

 

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. ABC LICENSING IMPOSITION OF ADDITIONAL CONDITIONS ON EXISTING BUSINESSES WHEN TRANSFERRING THE ABC LICENSE TO NEW OPERATOR . Memorandum from City Manager Stephen Burrell dated December 3, 2000.

City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

Action : To have the City Council review all transfers of ABC licenses to determine whether or not to request that the ABC impose additional conditions on the new operator, as permitted by a recent Business and Professions Code amendment.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

b. PETITION FROM RESIDENTS TO FORM UNDERGROUND DISTRICT IN THE AREA GENERALLY EAST OF PACIFIC COAST HIGHWAY, INCLUDING 13TH, 14TH, 15TH, AND 16TH STREETS AND BONNIE BRAE, AND OCEAN, ALL WEST OF PROSPECT . Memorandum from City Manager Stephen Burrell dated January 3, 2001.

City Manager Burrell responded to Council questions.

Action : To approve the staff recommendation to receive the petition, approve funding for preliminary engineering and direct staff to work with Southern California Edison to develop the preliminary engineering including using a different design approach similar to Rule 20A project.
Motion Bowler, second Oakes. The motion carried by a unanimous vote.

Mayor Reviczky requested more research on cabling costs.

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. VACANCIES - BOARDS AND COMMISSIONS - CIVIL SERVICE BOARD - UNEXPIRED TERM ENDING JULY 15, 2003 . Memorandum from City Clerk Elaine Doerfling dated December 28, 2000.

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

Action : To accept with regret the resignation of Ruth Brand from the Civil Service Board, effective December 31, 2000, and direct the City Clerk to advertise the Board vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending July 15, 2003, as recommended.
Motion Bowler, second Oakes. The motion carried by a unanimous vote.

City Manager Burrell reported on the Hermosa Beach port call by two Navy frigates scheduled to take place from 1 P.M. January 20 to 10 A.M. January 21, noting the City would arrange to use the WAVE for shuttle service back and forth for the crew members, would plan a reception, have banners and present a plaque for each captain.

Community Resources Director Rooney said the Navy would provide or subsidize the tours, which would be available for 2-1/2 to 3 hours. She said the cost to the City would be less than $1,000.

 

9. OTHER MATTERS - CITY COUNCIL

a. Request from Councilmember Dunbabin that the City Council review the determination that inflatable devices may be considered the same as banners and receive a temporary permit .

Councilmember Dunbabin presented her request.

City Manager Burrell responded to Council questions.

Action : It was the consensus of the City Council to direct staff to report back on the issue, including clarification on holiday decorations.

b. Request from Councilmember Edgerton for consideration of support for construction of a gymnasium on the Hermosa Valley School campus. The School Board will be taking public input on the possible construction of a gymnasium at their meeting of January 10, 2001 .

Councilmember Edgerton presented his request.

There was no action taken on this item because the issue had not yet been presented to the Council.

 

City Attorney Jenkins requested that the Council add to the Closed Session agenda an item concerning the Cal Compact Landfill litigation.

Action : To add the Cal Compact Landfill litigation item to the agenda based on the findings that the issue to be discussed arose after the agenda was posted and required immediate action.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

 

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS :

1. MINUTES: Approval of minutes of Closed Session meeting held on November 28, 2000 .

2. CONFERENCE WITH LEGAL COUNSEL   The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Existing Litigation: Government Code Section 54956.9(a)

• Name of Case: Macpherson v. City of Hermosa Beach

• Case Number: BC172546

• Name of Case: Cal Compact Landfill litigation (added above)

• Shell Chemical Co. v. County of Los Angeles, et al

• USDC Case #CV-00-01917 MRP (MANx)

• Phillips Petroleum Co. v. County of Los Angeles, et al

• USDC Case #CV-00-1938 MRP (MANx)

 

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 9, 2001, at the hour of 11:35 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:44 P.M. At the hour of 11:53 P.M., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Betty Sue Roberts on Tuesday, January 9, 2001, at the hour of 11:54 P.M. to the Regular Meeting of Tuesday, January 23, 2000, at the hour of 7:10 P.M.