********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on February 17, 1994, at the hour of 7:55 P.M. PLEDGE OF ALLEGIANCE - June Williams, resident ROLL CALL: Present:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS: Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Palos Verdes Estates Police Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool, who were killed by a gunman in Torrance while attending a seminar. Mayor Edgerton expressed the condolences of the City Council and City staff to the families of all involved. SPECIAL STUDY SESSION TO DISCUSS GOALS AND DIRECTION OF THE CITY COUNCIL. With supplemental information: 1) Planning Department Studies, Priority List submitted by Planning Director Michael Schubach dated February 16, 1994, and 2) memorandum from the Planning Commission dated February 15, 1994. City Manager Stephen Burrell gave an overview of tonight's workshop meeting; spoke of the Planning Department Studies Priority List and said that there was no need for the Council to be limited to this list, or to reach a conclusion at this time. Planning Director Michael Schubach responded to Council questions in regard to the Planning Department list of studies. Councilmembers spoke of their goals for the City and provided areas where each thought there could be improvement by a prioritization of interest or study. Councilmember Oakes said the City needed to concentrate on the many good things that could be accomplished because Hermosa is a small community; said our City is not Manhattan Beach or Redondo Beach and she wished to explore, as image builders, those areas that are historic and unique to Hermosa Beach such as our jazz heritage through "The Lighthouse" and the "Either/Or Bookstore"; suggested the possibility of concerts in the downtown area, chamber music by the sea or a jazz festival on the Biltmore site. Ms. Oakes cautioned against "overdesigning" the community and said that Hermosa has jazz music, a wonderful beach and a beautiful residential area, all of which needed to be understood, in order to encourage a positive image, and augmented for aesthetic values; said that the City could be "choosy" and promote positive businesses that could not only service the residents of the community but also appeal to tourists and suggested that areas for parking, including bus parking, were an important element in the downtown. Ms. Oakes concluded by saying that Hermosa had to realize that it was very unique and that it had a lot of history, background and future, all of which needed to be promoted. Councilmember Reviczky agreed with Ms. Oakes comments and said the most important thing the Council could do was to improve the quality of life in the community; said that Hermosa needed to maintain the ambiance of the residential neighborhoods and the viability of the business district for a balanced community; felt the encouragement of a good business district and a clean, safe residential district could go hand in hand. Mr. Reviczky said the Council needed to work to protect the City(s environment, preserve open space, reduce density, reduce traffic in the residential areas, maintain Hermosa's excellent public safety services, expand the Community Resource's recreational services and find an innovative solution to the parking problem without causing visual blight. Mr. Reviczky said it was important for the Council to set its goals in order for City staff and all of the Commission members to know "where the Council is coming from". Councilmember Benz agreed with previous Council members and said he would like to continue to establish and implement community emergency preparedness and to involve residents in neighborhood "block groups" that could be trained by the Fire Department to give emergency aid in the event of a major disaster. Mr. Benz said that his goal was to eliminate "silly" requirements by the City for opening and maintaining a business in Hermosa and he wanted City staff to remember that they were there to give service to the public; he also wanted to abolish the four-day work week for City Hall staff, eliminate many Conditional Use Permits (CUP) and reduce bureaucracy. Mr. Benz also gave his view of a free market economy, congratulated some of the new businesses in the downtown area and suggested a competing membership group with the Chamber of Commerce. Councilmember Bowler said many of the things he was going to talk about had already been discussed, but he wanted to look at the process involved in making things happen within City government; he said the first thing he would like to see happen is to improve communication. Mr. Bowler said that if the Council was to improve the customer orientation of the City, it would have to act in a business-like manner; it would have to set goals, communicate those goals effectively to the people that have to carry them out so they will know what is expected of them and what is not permitted of them. Mr. Bowler said there had to be improved open lines of communication between the Council, the Commissions and City Hall staff, also between staff and the public; he said he would like more joint workshop meetings with all commissions, civic groups and staff. Mr. Bowler said he would like to increase productivity in City Hall through improved equipment, such as data processing; improve staff morale through Council communication and appreciation of the work they are doing; reduce regulations through re-codification and elimination of unenforceable City Ordinances, and to have sunset clauses on new legislation that would automatically force a re-evaluation or elimination after a certain period of time. Mr. Bowler said the City had to become more competitive in attracting new businesses, not only by cutting bureaucracy but through civic improvements such as widening the sidewalks and installing benches for better pedestrian access. He said that he was very interested in reinstating a cultural environment and activities within the City, both through Civic support and business and community sponsorship; said he would like to explore an electric shuttle between the "Tri-Cities"; and, he would like a resolution to: 1) the Fire Department, either through consolidation or the appointment of a Fire Chief and adequate staffing; 2) the City Yard; and 3) emergency procedures. Mayor Edgerton said he had intended to talk on Planning Commission issues and what he wanted done, but would address the larger issues as he agreed with most things said by the other Council members. Mr. Edgerton extolled the virtues of Hermosa Beach's neighborhoods, beach, "small town" atmosphere, independent Fire and Police, independent school system and zoning laws for R-1 residential areas; he said this could be preserved only through adequate revenue, that could not come from property taxes alone, and needed the sales tax base of good, financially sound businesses. Mr. Edgerton spoke of the increase of well capitalized businesses coming to Hermosa and said the City was now attracting "thoroughbreds, not mustangs". Mr. Edgerton then moved to Planning Commission items and listed his priorities for business as: 1) resolution of CUPs, development of a comprehensive list of which types of businesses needed a CUP and which did not; 2) relaxation of the parking restrictions in the downtown area; and, 3) revamping the Pier. He listed his priorities for residential areas as: 1) lower the open space requirements on lots 2,100 square feet or smaller; 2) opposition to any down-zoning of residential units in the residential areas; and 3) strict interpretation of the zoning code or else change the laws where interpretation is vague or subjective. Mr. Edgerton said that he believed the Planning Commission should consider City Council items as their first priority. City Attorney Vose said the problem with CUPs, which is different from the problem with any of the other goals, is that a CUP, because of its zoning implications, has to go through the public hearing process and the Council could not decide that issue now as it had to go to the Planning Commission first before it can come to the Council; therefore the Council could not set the policy of which CUPs to throw out and which ones to keep and give that list to the Planning Commission for review, as zoning matters required a public hearing by the Planning Commission first, then the Council could make a final decision. Planning Director Schubach responded to Council questions and said the CUP study, if approved tonight, would be back before the Council within 60 days. Action: To direct staff to set a joint meeting with the Planning Commission and Planning staff, at everyone's earliest convenience; to include the supplemental item presented from the Planning Department along with a time line for the Planning Department studies; and, to include a summary of the Council list produced tonight as an agenda item. Motion Reviczky, second Oakes. The motion carried without objection. Final Action: To approve staff recommendation to expand the scope of the study to be a comprehensive review of the entire commercial permitted use lists, definitions, and which uses require CUPs, with the understanding that the study would return to Council within 60 days. Motion Reviczky, second Mayor Edgerton. The motion carried without objection. A point of order was raised by Jim Lissner regarding the public comment portion of the meeting. City Attorney Vose said this was a continued meeting that had been announced at the last Regular meeting, therefore no public comment period was required tonight as anyone could speak at the Regular meetings. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Palos Verdes Estate Police Captain Michael Wayne Tracy and Sergeant Thomas Vanderpool on Thursday, February 17, 1994 at the hour of 9:29 P.M. to a closed session which convened at 9:45 P.M. for discussion of Pending Litigation: pursuant to Government Code Section 54956.9(a), Allen v. City of Hermosa Beach and Geist v. City of Hermosa Beach. The closed session adjourned at the hour of 11:00 P.M. to the Regular Meeting of February 22, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on February 25, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Mike Brainhurst, resident ROLL CALL: Present:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS - Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool, the two Palos Verdes Estates Police Officers who were slain in Torrance, with deepest sympathy to their families. PRESENTATIONS: PRESENTATION OF CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM TRW - Steve Crecy, fund raising chairperson for the Veteran's Memorial Committee introduced Don McClain of TRW, who said TRW was pleased to participate in this wonderful tribute the City is doing to honor the veterans and presented a check in the amount of 2,500 for the memorial. PRESENTATION OF CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM BROWNING-FERRIS INDUSTRIES - Steve Crecy, fund raising chairperson for the Veteran's Memorial Committee introduced Chip Scholz of BFI, who said BFI was proud to participate in what would be a lasting tribute to veterans and contributed a check in the amount of 1,000 to the memorial. Mr. Crecy said the memorial was now scheduled for unveiling on May 21, 1994, Armed Forces Day, and noted that they were still 2,500 short of their goal. PRESENTATION OF CHECK TO THE AMERICAN RED CROSS EARTHQUAKE RELIEF FUND FROM THE HERMOSA BEACH RESTAURANT & TAVERN OWNER'S ASSOCIATION - Bill Bastion, Hermosa Beach Restaurant and Tavern Owners Association President thanked everyone for their support and presented a check for the Earthquake Relief Fund in the amount of 4,224 to a representative from the American Red Cross, who expressed appreciation for the support of the Association and the residents of the City. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: June Williams - 2065 Manhattan Avenue, expressed concern that the presentation of a check to the American Red Cross Earthquake Fund from the Hermosa Beach Restaurant and Tavern Owner's Association was presented at a Council meeting; Jim Lissner - 2715 El Oeste Drive, disagreed with the Council decision to underground utilities in the business areas downtown and along Pacific Coast Highway rather than in residential areas; and, Shirley Cassell - 611 Monterey Blvd., requested that items 1(f) and (j) be pulled from the consent calendar. (b)WRITTEN COMMUNICATIONS - None 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: (c) Benz, (e) Oakes, (f) Benz, (h) Bowler, (i) Bowler, and (j) Benz. Motion Benz, second Reviczky. So ordered. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1)Minutes of the Adjourned Regular meeting held on February 3, 1994; and, (2)Minutes of the Regular meeting held on February 8, 1994. Action: To approve the minutes of the Adjourned Regular meeting of February 3, 1994 and the Regular meeting of February 8, 1994 as presented. (b)RECOMMENDATION TO RATIFY DEMANDS AND WARRANTS Nos. 46303 and 46406 THROUGH 46626 INCLUSIVE, noting voided warrants Nos. 46409, 46410, 46411, 46412, 46493, 46494. 46524 and 46546, and to approve cancellation of certain warrants as recommended by the City Treasurer. Action: To ratify the demands and warrants as presented. (c)RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Attorney Vose responded to Council questions. Action: To make the needed changes regarding film permits a priority on the future agenda item list. Motion Benz, second Oakes. The motion carried by a unanimous vote. Action: To receive and file the tentative future agenda items as presented. Motion Benz, second Bowler. So ordered. (d)RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 1994 FINANCIAL REPORTS: (1)Revenue and expenditure report; (2)City Treasurer's report; and, (3)Investment report. Action: To receive and file the January, 1994 Financial Reports as presented. (e)RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A CROSSING GUARDS MAINTENANCE DISTRICT DURING FY 1994-95. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Public Works Director Amirani and City Manager Burrell responded to Council questions, and it was suggested that this item be a topic at the joint meeting with the School Board. Action: To approve the staff recommendation and adopt Resolution No. 94-5661, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 2, CHAPTER 3.5, TITLE 5, OF 'THE CROSSING GUARDS MAINTENANCE DISTRICT (ACT OF 1973)', BEING DIVISION 2, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR THE FORMATION OF A CROSSING GUARDS MAINTENANCE DISTRICT IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995." Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. (f)RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT DURING FY 1994-95. Memorandum from Public Works Director Amy Amirani dated February 14, 1994. Supplemental letter from Howard Longacre, 1221 Seventh Place, dated February 22, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Vose and City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., suggested lower-ing the tax payer assessment amount since there is an over-abundance of money in the account. Action: To approve the staff recommendation to: 1)approve changing the Street Lighting Assessment District title to Landscaping and Street Lighting Assessment District; and, 2)adopt Resolution No. 94-5662, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2, 'LANDSCAPING AND LIGHTING ACT OF 1972', BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF OR PLANTING LANDSCAPING AND STREET LIGHTING FIXTURES, APPURTENANCES AND APPURTENANT WORK AND THE MAINTENANCE THEREOF IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995." Motion Reviczky, second Benz. The motion carried by a unanimous vote. (g)REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL AND ONE POLICE SERGEANT. Memorandum from Personnel Director Robert Blackwood dated February 9, 1994. Action: To approve the staff recommendation to extend by 30 days the temporary appointment of a Sweeper Operator, a Maintenance I position, and a Police Sergeant. (h)RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO STUDY 17' GARAGE SETBACK. Memorandum from Planning Director Michael Schubach dated February 15, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Planning Director Schubach presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: June Williams - 2065 Manhattan Avenue, said the 17-foot setback applied only to the driveway and the upper floor of a house could be cantilevered over that; and that it should be clarified that the rule only applies to over 50 percent remodels; and, Dean Nota - 2467 Myrtle Avenue, said he has always objected to the 17-foot setback requirement because it takes away flexibility, that there are other less burdensome methods to achieve the same thing; supported studying the issue, at least a study on including right-of-ways. Action: To adopt Resolution No. 94-5663, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY AND POSSIBLE TEXT AMENDMENT TO THE ZONING ORDINANCE IN REGARDS TO THE 17-FOOT GARAGE SETBACK." Motion Bowler, second Benz. The motion carried by a unanimous vote. (i)RECOMMENDATION FOR APPROVAL OF ENCROACHMENT PERMIT APPLICATION TO ALLOW A NEWLY CONSTRUCTED 6' HIGH REPLACEMENT FENCE ON THE PUBLIC RIGHT-OF-WAY ADJACENT TO 624 GOULD AVENUE. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Action: To approve the staff recommendation to approve the encroachment permit application to allow a newly constructed 6 foot high replacement fence on the public right-of-way adjacent to 624 Gould Avenue. Motion Bowler, second Benz. The motion carried by a unanimous vote. (j)Recommendation for award of bid for preliminary engineering and final design for Earthquake Reinforcement of Clark Building - CIP 90-616. Memorandum from Public Works Director Amy Amirani dated February 14, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., said the Clark building was old and tired and the City would be throwing money away to try to engineer a seismic retrofit; said the City should tear the old building down and build a new one. Action: To approve the staff recommendation to: 1) award the contract in the amount of 5,200 to Barelli & Associates, Inc. of Los Angeles, California, to perform preliminary engineering for seismic retrofit of the Clark building; 2) authorize the Mayor to execute and the City Clerk to attest to the engineering services agreement subject to approval by the City Attorney; and, 3) authorize the Director of Public Works to make necessary adjustments within the approved budget. Motion Benz, second Bowler. The motion carried by a unanimous vote. (k)Recommendation to receive and file report on 6 month review of Parking Enforcement Division and to direct staff to provide a final year Parking Division report for FY 93-94. Memorandum from Assistant City Manager Mary Rooney dated February 10, 1994. Action: To approve the staff recommendation to receive and file this report. 2.CONSENT ORDINANCES a.ORDINANCE NO. 94-1104 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A-2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 10, 1994. Action: to adopt Ordinance No. 94-1104. Motion Benz, second Bowler. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None b."AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAXES AND PENALTIES FOR DELINQUENCY." For waiver of full reading and introduction. Memorandum from Finance Director Viki Copeland dated February 16, 1994. Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., said the property lien was a great idea and suggested sending bills to the owner as well as the business owner so they are both aware. Action: To waive further reading of Ordinance No. 94-1105, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTIONS 30-23.1 AND 30-23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAX AND PENALTIES FOR DELINQUENCY." Motion Reviczky, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None Final Action: To introduce Ordinance No. 94-1105. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Bowler. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(a), (c), (e), (f), (h), (i), 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. The meeting recessed at 8:57 P.M. The meeting reconvened at 9:29 P.M. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.MID-YEAR BUDGET REVIEW FY 1993-94. Memorandum from Finance Director Viki Copeland dated February 15, 1994. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and designations as recommended by staff and as shown in attachments A and B. Motion Benz, second Bowler. The motion carried by a unanimous vote. 5.RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE, SALE AND EXCHANGE OF REAL PROPERTY AGREEMENT WITH VASEK POLAK AND RELATED DOCUMENTS FOR PARKING ACCESS PURPOSES. Memorandum from City Manager Stephen R. Burrell dated February 16, 1994. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Vose said the blank space on the front page of the document would be filled in with Lots 58, 61, 62, and 63. Action: To approve the staff recommendation to adopt Resolution No. 94-5664, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE, SALE AND EXCHANGE OF REAL PROPERTY AGREEMENT WITH VASEK POLAK AND RELATED DOCUMENTS FOR PARKING ACCESS PURPOSES." Motion Benz, second Oakes. The motion carried by a unanimous vote. 6.DOWNTOWN AREA ISSUES. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell and Finance Director Copeland also responded to Council questions. Coming forward to address the Council on this item was: Jerry Newton - Downtown Business Area Enhancement District Advisory Commission Chairperson, said the consultant would not be paid from the City General Fund but from revenues generated by the downtown parking lots; the cost would be approximately 50,000 to 80,000 for the study and would take from four to six months to complete; said it was more cost effective to go with an outside consultant than to tie up City staff for this period of time; said there was a current balance of close to 300,000 in the fund and the parking lots generated approximately 84,000 annually after expenses; said the consultant would also study funding sources for the implementation of the master plan for the downtown area. Action: To approve the staff recommendation to: prepare a Scope of Work to retain a consultant to prepare a Comprehensive Implementation Plan for Downtown Hermosa Beach including engineering services for redesign of lower Pier Avenue and Hermosa Avenue from 8th Street to 16th Street. The implementation Plan shall include: 1)architecture; 2)traffic circulation; 3)survey; 4)civil engineering design; 5)urban design; 6)landscaping; 7)infrastructure capacity analysis; 8)drainage analysis; 9)economic development and market analysis; and, 10)parking and fiscal impact analysis. Motion Bowler, second Benz. The motion carried by a unanimous vote. 7.REPORT ON CITY ATTORNEY SERVICES. Memorandum from City Manager Stephen R. Burrell dated February 17, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the report. Motion Bowler, second Reviczky. So ordered. Proposed Action: To explore alternative law firms to see if there are any that would contract less expensively and perhaps include special litigation costs. Motion Benz. The motion died due to the lack of a second. 8.COMPUTER SOFTWARE AND PARKING ENFORCEMENT HARDWARE PURCHASES: PC NETWORK. Memorandum from Assistant City Manager Mary Rooney and Finance Director Viki Copeland dated January 18, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. Finance Director Copeland also responded to Council questions Coming forward to address the Council on this item were: Ed Torkelson - Eden Software representative, said the support costs included an unlimited 1-800 number for support, plus all updates and enhancements to the program after purchase; and, Marjorie Fleming - Data Ticket representative, responded to Council questions. Action: To approve the staff recommendation contained in attachment "A" consisting of software packages from: 1) Eden Systems, a comprehensive City-wide Financial package for Personnel; payroll; financial accounting; investment tracking; budget preparation; fixed assets; and animal tracking for a cost of 64,502; 2) Sierra Systems, Geo-Base/Permits/Licenses, an automated tracking system for business licensing; permit tracking; and complaint tracking for use by Planning, Building, Fire Inspections; Public Works Projects and Inspections for a cost of 27,453; and, 3) Codemaster, an indexing program and future City Code Maintenance program for the City Clerk for State mandated Council action index (with the capability of Municipal Code maintenance if re-codification is done) for a cost of 2,500, which brings the total cost for the three programs to 94,455. And, with the understanding that there will be a provision for source code verification. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To approve the staff recommendation contained in attachment "B" consisting of software and hardware for Parking Enforcement 1993-94 of: 1) Terminator System, through Data Ticket, a Windows based software that includes Citation Processing, Data Conversion, Employee Training, Maintenance, Bar Code Reader, and on-line DMV retrieval for a cost of 17,989; and, 2) Ticketrak System, hardware through Data Ticket that includes eight (8) handheld Citation writers; maintenance, dial link to computer, training, and is software compatible to the Terminator System for a cost of 26,645, which brings the total costs for fiscal year 1993-94 to 44,634. And, with the understanding that there will be a provision for source code verification. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Final Action: To approve a five percent contingency figure and to direct staff to monitor and develop an analysis of the frequency with which staff uses the 1-800 support costs for the programs. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: (a)Request by Mayor Edgerton to discuss adopting a resolution for a new ordinance creating a conflict of interest code for the Planning Commission and City Council. Mayor Edgerton discussed his request. City Attorney Vose responded to Council questions. Action: To direct the City Attorney to draft a Conflict of Interest Code for the City Council and the Planning Commission that would include the provision that a prior written notice be sent to the City Attorney for review with regard to possible conflicts of interest by any member of a decision making body and that the proposed Code be sent to the Planning Commission for its review prior to adoption. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward at this time to address the Council were: June Williams - 2065 Manhattan Avenue, said she saw no problem with a Conflict of Interest Code for the City Council and the Planning Commission, but, questioned the appearance of impropriety of three Councilmembers often drinking together; and, Christopher Boyle - Redondo Beach, spoke regarding the accessibility of drinking fountains along the Strand portion of the bicycle path; said the fountain by the restrooms at the Pier head was in the sand, therefor it was difficult for bicyclists or skaters to use it; asked that some paving be put down (was told that there were other drinking fountains available in that locality). ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Palos Verdes Estates Police Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool on Tuesday, February 22, 1994 at the hour of 11:35 P.M. to an Adjourned Regular Meeting on March 3, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for discussion of Pending Litigation: pursuant to Government Code Section 54956.9(a), Allen v. City of Hermosa Beach. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 8, 1994, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Betty Martin, resident ROLL CALL: Present:Benz, Oakes, Reviczky, Mayor Edgerton Absent:Bowler PROCLAMATION-"SAVE YOUR VISION WEEK":Mayor Edgerton proclaimed the week of March 6 through 12, 1994 as "Save your Vision Week" and urged all Hermosa Beach residents to observe this special week by paying extra attention to their visual needs and the visual needs of their families. The Proclamation was accepted by Dr. Warren Barr on behalf of the South Bay Optometric Association. PRESENTATION OF A CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM THE HERMOSA BEACH CHAMBER OF COMMERCE - Warren Barr, O.D., Chamber of Commerce President, presented a check in the amount of 500 to Ken Marks, Veteran's Memorial Committee Chairperson, who thanked the Chamber for its donation and said that the slab for the memorial was poured last Saturday and the Committee was now half way to its goal. PRESENTATION OF A CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM THE HERMOSA BEACH KIWANIS CLUB - Dallas Yost and Michael Schubach of the Hermosa Beach Kiwanis Club presented a check in the amount of 1,000 to Ken Marks, Veteran's Memorial Committee Chairperson, who thanked the Kiwanis for its donation and said this was the second check in the amount of 1,000 presented by the Kiwanis. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, spoke regarding an "Easy Reader" article on the City budget shortfall of 350,000 and felt the emphasis on sales tax revenue loss was misleading as sales tax was only 9.8 percent of the City's revenue and the sales tax decline amounted to one half of a percentage point in the total budget; Shirley Cassell - 611 Monterey Blvd., spoke regarding the same article; said the 36,000 collected in sales tax annually from restaurants that served hard liquor seemed very low; said if there were only 20 such establishments in the City that would be 5.00 a day from each; suggested something was wrong and there should be an investigation; and, June Williams - 2065 Manhattan Avenue, spoke regarding Mayor Edgerton's stated concern that the Council and Planning Commission should have no "appearance of impropriety" and questioned his purchase of a BMW from Vasek Polak so soon after the completion of a City land sale to Mr. Polak; questioned if any consideration given by Mr. Polak on the vehicle sale would be shown on the Mayor's financial disclosure statements. (City Attorney Vose said that he had advised Mayor Edgerton that there was no conflict of interest.) (b)WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Reviczky, (d) Benz, and (e) Oakes. Motion Benz, second Reviczky. So ordered, noting the absence of Bowler. 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 Adjourned Regular Meeting of February 17, 1994; and, 2)Minutes of the Regular Meeting of February 22, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of February 17, 1994 and the minutes of the Regular Meeting of February 22, 1994 as presented. (Bowler absent) (b)RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46627 through 46691 inclusive, noting voided warrants Nos. 46628, 46629 and 46653. Action: To ratify the demands an warrants as presented. (Bowler absent) (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Assistant City Manager Rooney and City Attorney Vose responded to Council questions. Action: To receive and file the tentative future agenda items as presented, with the deletion of the required attendance by the Planning Commission at the joint meeting with the School District and Parks, Recreation and Community Resources Advisory Commission scheduled for April, 1994. Motion Reviczky, second Mayor Edgerton. The motion carried unanimously, noting the absence of Bowler. (d)RECOMMENDATION FOR AUTHORIZATION TO PURCHASE POLICE AND PARKING ENFORCEMENT VEHICLES. Memorandum from Police Chief Val Straser dated February 28, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding the request to waive formal bidding on the Frankson's vehicles as the sole provider. Police Chief Straser presented the staff report, responded to Council questions and said the Frankson's GO-4 vehicles were safer (had a roll bar) and more economical (had a Ford Fiesta engine) than the Cushman vehicles. Assistant City Manager Rooney and City Attorney Vose also responded to Council questions. Action: To approve the staff recommendation to: 1)authorize the purchase of one (1) 1994 Chevrolet Caprice police patrol/traffic vehicle through the Cooperative Purchase provisions of the Los Angeles County Vehicle Contract, Bid #Q220 through Sopp Chevrolet for a total cost of 17,196, to replace two (2) surplus traffic vehicles both with over 100,000 miles on their odometer; 2)authorize the purchase of one (1) 1994 Jeep Cherokee 4X4 beach patrol vehicle through the State Contract Purchase Contract, bid #1-94-23-20 through Swift Dodge for a total cost of 21,068 to replace the 1991 Jeep Cherokee that has serious rust problems in the chassis; and, 3)waive formal bidding per Municipal Code and award an order to Frankson's, Inc., as the only available dealer, for one (1) GO-4 electric utility vehicle for a total cost of 21,068 to be purchased through the AQMD Fund (the AQMD requires that 10 percent of all City fleet vehicles be powered by alternative fuel), with the understanding that the vehicle purchase was authorized and funds appropriated in the 1993-94 adopted budget. But, to direct staff to undertake a formal bid process for three (3) generic gas utility vehicles (parking enforcement) and bring the result back to Council as a future agenda item. Motion Benz, second Reviczky. The motion carried unanimously, noting the absence of Bowler. (e)RECOMMENDATION TO APPROVE THE FOLLOWING PROFESSIONAL VOLLEYBALL CONTRACTS. Supplemental memorandum from Jim Lissner, 2715 El Oeste Drive, dated March 8, 1994 for items 1(e) (1) and (2). Supplemental memorandum from Community Resources staff dated March 8, 1994 for items 1(e) (1) and (2). 1)Association of Volleyball Professionals (AVP) Beach Volleyball Tournament: 1994 World Championships. Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. Supplemental memorandum from Community Resource Department staff dated March 7, 1994. 2)C.E. Sports and Entertainment American Beach Volleyball League (ABVL) 4-Man Professional Beach Volleyball Tournament. Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions saying that Hermosa Beach was the most expensive stop on the AVP tour. Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., concerned with the inspection of the grandstands saying the City should require inspection by a certified inspector rather than City inspectors; said the AVP liability insurance was too low and should be at least 20,000,000; and the City should charge at least 1,000 per day for set-up days; Jim Lissner - 2715 El Oeste Drive, spoke regarding his letter; expressed concern regarding the helicopter, for camera coverage of the event, saying it did not observe all safety precautions and its flight pattern should be monitored; also spoke of inadequacy of insurance for the event; and, Matt Gage - Tour Director of the AVP, said the AVP had asked for an extra set-up day for this event because last year the company that did the bleacher set-up (the largest in the nation) had to work after hours in order to accomplish the bleacher set-up in time and the noise had caused complaints. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from the Association of Volleyball Professionals (AVP) to hold the two-man professional beach volleyball tournament on the Hermosa Beach Pier Courts on August 26-28, 1994 with: 1)permit fees of 10,962; 2)estimated Police fees of 9,478; 3)film permit location fees of 1,518.50; 4)co-sponsor fees of 500; 5)estimated parking fees of 1,845; 6)sound permit of 38; and, 7)banner permit of 387, for a total projected revenue to the City of 24,728.50 for the tournament. And, with the understanding that staff would ensure that all safety concerns would be met in an appropriate manner. Motion Benz, second Oakes. The motion carried unanimously, noting the absence of Bowler. Final Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from C.E. Sports and the American Beach Volleyball League (ABVL) to hold the four-man professional beach volleyball tournament on the Hermosa Beach Pier Courts on May 7 and 8, 1994 with: 1)permit fees of 4,179.40; 2)estimated Police fees of 1,840; 3)film permit location fees of 759.25; 4)co-sponsor fees of 500; 5)sound permit of 38; and, 6)banner permit of 387, for a total projected revenue to the City of 7,703.65 for the tournament. Motion Mayor Edgerton, second Reviczky. The motion carried unanimously, noting the absence of Bowler. (f)RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE SOUTH BAY COALITION (FORMERLY BEACH CITIES COALITION FOR ALCOHOL AND DRUG FREE YOUTH, INC.). Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Coalition and the City for the use of Room 4 in the Community Center at a rate of 694 per month (798 sq.ft. X .87 per sq.ft.) from April 1, 1994 through June 30, 1994, and, 718 per month (798 sq.ft. X .90 per sq.ft.) from July 1, 1994 through March 31, 1995, for a total rental income of 8,544; and, 2)authorize the Mayor to sign the lease. (Bowler absent) (g)REQUEST FOR 30 DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO COMMUNITY SERVICE OFFICERS. Memorandum from Personnel Director Robert Blackwood dated February 28, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Community Service Officers. (Bowler absent) 2.CONSENT ORDINANCES a)ORDINANCE NO. 94-1105 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTIONS 30-23.1 AND 30-23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAXES AND PENALTIES FOR DELINQUENCY." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1105. Motion Reviczky, second Oakes. AYES: Oakes, Reviczky, Mayor Edgerton NOES:Benz ABSENT:Bowler 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c), (d) and (e) 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 - None MUNICIPAL MATTERS 4.REVISED PROPOSITION C AMOUNT FOR UTILIZING WAVE DIAL-A-RIDE VEHICLES FOR FIESTA DE LAS ARTES. Memorandum from Planning Director Michael Schubach dated March 1, 1994. Planning Director Schubach presented the staff report and responded to Council questions and said there had been a miscalculation on the previously approved item and the Chamber was now asking for less money. Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., said she did not think the Chamber of Commerce should get this money as it could be used for other purposes such as paving streets; questioned whether Mayor Edgerton or Councilmember Bowler (absent) should be allowed to vote on this item as they were on the Chamber Board of Directors; also questioned Assistant City Manager Mary Rooney being on the Chamber Board; Carol Hunt - Chamber of Commerce Executive Director, said that both Mayor Edgerton and Assistant City Manager Rooney were non-voting City representatives to the Board of Directors; said Councilmember Bowler was a voting member of the Chamber Board. Action: To approve the staff recommendation to approve an adjusted allocation of Proposition C funds for the Fiesta de las Artes transportation vehicles for both week-end events for a total cost of 6,731.43. Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Bowler. 5.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A PASSENGER LOADING ZONE, i.e. TAXI ZONE, AND A COMMERCIAL LOADING ZONE ALONG THE MEDIAN OF PIER AVENUE WEST OF HERMOSA AVENUE. Memorandum from Public Works Director Amy Amirani dated February 22, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Hanneman - L.A. Yellow Cab representative, said the downtown bar business was until 2:30 A.M. and on week-ends and having cabs downtown was a service to the City as it took inebriated potential drivers off of the streets; and, Parker Herriott - 224 24th Street, said it was not a good idea for cabs to park at the median, as people getting into and out of cabs would be in the traffic lane and apt to jaywalk; said this would be a safety hazard; said downtown would start to look like LAX; questioned if this would also allow limo parking. Action: To approve the staff recommendation to adopt Resolution No. 94-5665, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERRMOSA BEACH, CALIFORNIA, ESTABLISHING LOADING ZONES.", which establishes passenger loading zones for taxi cabs and commercial loading zones along the median of Pier Avenue west of Hermosa Avenue, with the understanding that this item would be brought back within 90 days for Council review. Motion Benz, second Reviczky. The motion carried unanimously, noting the absence of Bowler. The meeting recessed at 8:53 P.M. The meeting reconvened at 9:16 P.M. 6.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a)TENTATIVE DATES FOR JOINT STUDY SESSIONS. Memorandum from City Manager Stephen R. Burrell dated March 3, 1994. Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Tuesday, March 29, 1994 at the hour of 7:00 P.M. be set for the joint study session between the City Council and the Planning Commission. (Bowler absent) Final Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Thursday, April 14, 1994 at the hour of 7:00 P.M. be set for the joint study session between the City Council and the Hermosa Beach School District; Parks, Recreation and Community Resources Advisory Commission; and, Planning Commission. (Bowler absent) ++++++++ REVIEW BREAKPOINT (not part of the minutes) 7.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL Mayor Edgerton said that two local photographers, Robbie Hutas and John Post, would be willing to donate photographs taken of Hermosa Beach to the City if the Council were willing to accept and publicly display them. The Council expressed interest and agreed with Mayor Edgerton's direction that the item be agendized for the Regular Meeting of March 22, 1994. 8.OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: (a)REQUEST FROM MAYOR EDGERTON FOR CLARIFICATION OF USE OF PROCEEDS AND OIL INDEMNITY FUND. Mayor Edgerton discussed his request and requested a clarification and status report from the City Attorney. City Attorney Vose said he would have a full report for the Regular Meeting of March 22, 1994. Mayor Edgerton directed, with the consensus of the Council, that this item be continued to the Regular Meeting of March 22, 1994. (Bowler absent) (b)REQUEST FROM COUNCILMEMBER REVICZKY FOR DISCUSSION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANTS. Memorandum from Councilmember Reviczky dated March 1, 1994. Supplemental memorandum from City Manager Stephen R. Burrell dated March 3, 1994. Councilmember Reviczky discussed his request, said that Hermosa Beach was eligible for up to 134,000 annually and read a list of projects that other cities were doing with their Community Development Block Grants (CDBG) which included: graffiti removal; park development; sidewalk, street and median improvement; We-Tip; juvenile diversion; community resources improvement; business district beautification; ADA compliance; and seismic retrofits among other things. After discussion, City Manager Burrell was directed to investigate possible Federal funding for the City storm drain clean-up. Action: To agendize this item and direct the City Manager to report back with all of the requirements for the City to again participate in the County Community Development Block Grant (CDBG) Program. Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Bowler. (c)REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS REDUCING TRANSIENT OCCUPANCY TAX TO CORRESPOND WITH NEIGHBORING CITIES. Supplemental memorandum from Finance Director Viki Copeland dated March 7, 1994. Councilmember Benz requested that this item be continued to the Regular Meeting of March 22, 1994 in order for Councilmember Bowler to be present. (d)REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS THE ELIMINATION OF PARKING ENFORCEMENT FOR COMMERCIAL AREAS AFTER 5:00 P.M. Councilmember Benz discussed his request. Action: To agendize this item for the Regular Meeting of March 22, 1994 with the direction that staff provide information on the policies of neighboring cities and the financial impact for Hermosa Beach. Motion Benz, second Oakes. So ordered, noting the absence of Bowler. CITIZEN COMMENTS Coming forward to address the Council at this time were: Parker Herriott - 224 24th Street, expressed concern that the sponsor of the AVP event approved by the Council allowed children to have free non-alcoholic beer and that this "beer" was allowed on the beach; requested an analysis of the revenue produced through sales tax and the cost to the City through Police problems of the City's bars; and, June Williams - 2065 Manhattan Avenue, wished to clarify that she had said nothing about conflict of interest in regard to Mayor Edgerton's purchase of a vehicle from Vasek Polak but had referred to any consideration that may have been given by the dealer as a disclosure on the next financial disclosure statement. Councilmember Reviczky announced that Saturday, March 12, 1994 at 9:00 A.M. was the opening game of the Hermosa Beach Little League season at Clark Field and invited the Council and the public to attend. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 8, 1994 at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, March 22, 1994 at the hour of 7:00 P.M. ___________________________ Deputy City Clerk ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 22, 1994, at the hour of 7:10 P.M. -PLEDGE OF ALLEGIANCE - Chantel Hargis, MultiVision Cable TV -ROLL CALL: Present:Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent:Mayor Edgerton -ANNOUNCEMENTS - Mayor Pro Tempore Benz announced that item #7, under Municipal Matters, had been removed from the agenda at the request of staff. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - 611 Monterey Blvd., concerned with the potential for a conflict of interest if Mayor Edgerton and Councilmember Bowler vote on Chamber of Commerce items as both are Chamber Boardmembers; feels they should not render Council votes on Chamber items; Brian Crispen - 139 30th Street, spoke regarding resident parking permits; said he had been told by the Cashier's Department that there was a "grace" period for the renewal of last year's permits, but had received a parking ticket during that time (City Manager Burrell said he would bring the item back on the agenda for the Regular meeting of April 12, 1994); Jan McHugh - 718 First Place, expressed concern that the appraisal for the Vasek Polack land sale/swap was not public record; also concerned that the City is making improvements to the property; questioned if the three new Councilmembers had read the documents (City Attorney Vose said that appraisal reports are exempt from the Public Records Act until the contracts are signed. All Councilmembers said they had read the contracts and transaction records thoroughly.); Paul Scannell - 531 Loma Drive, questioned how he could speak to his letter (item (b)1); John McHugh - 718 First Place, questioned the signs in Mayor Pro Tempore Benz' windows and whether he would apply for a permit for the "Ironman Contest"; and, Robert McAlinden - "Bestie's" owner, resident, spoke positively of his experience with Mayor Edgerton and Mayor Pro Tempore Benz and spoke against the effort for their recall. (b)WRITTEN COMMUNICATION 1.Letter from Frances Parker, Paul Scannell and Susan Fuhs dated February 14, 1994 regarding the South School site. Community Resources Director Mary Rooney responded to Council questions. Coming forward to address the Council on this item was: Paul Scannell - 531 Loma Drive, spoke to the joint letter which requested that they be allowed to purchase the ten foot strip of South School Park land behind their homes. Action: To agendize the issue of all encroachments on the South School Park site. Motion Reviczky, second Oakes. So ordered, noting the absence of Mayor Edgerton. 2.Letter from Carol Hunt, Executive Director of the Hermosa Beach Chamber of Commerce, dated March 15, 1994, requesting approval for closure of Pier Avenue from Hermosa Avenue to Beach Drive on June 19, 1994 for the "Pier Promenade Street Scene". Coming forward to address the Council on this item was: Warren Barr - Hermosa Beach Chamber of Commerce President, said the Chamber had placed this letter on the agenda in order to bring its planned event before the Council and the public and to answer any questions. Community Resources Director Rooney said that this item would be brought before the Council on a future agenda in conjunction with the request for the Women's Volleyball Tournament. Action: There was no action taken on this item. (Mayor Edgerton absent) 3.Memorandum from the Planning Commission dated March 17, 1994 regarding requested topics for discussion at the City Council/Planning Commission Joint Meeting scheduled for March 29, 1994. Action: After general discussion among the Councilmembers, the consensus was to accept the items listed, with the understanding that the item on C.U.P.s would take most of the meeting time and it might be necessary to schedule an additional joint meeting for the balance of the items. There was no further action taken. (Mayor Edgerton absent) At 7:33 P.M. the order of the agenda was suspended to go to the public hearings starting at item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky, (I) Oakes. Motion Bowler, second Reviczky. So ordered, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. At 8:58 P.M. the order of the agenda was suspended to go to Municipal Matters starting with item 7. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting of March 8, 1994. Action: To approve the minutes of the Regular Meeting of February 8, 1994 as presented, noting the absence of Mayor Edgerton. (b)RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46692 through 46824 inclusive, noting voided warrants Nos. 46694, 46695, 46749, 46750, 46782, and 46785. Action: To ratify the demands and warrants as presented, noting the absence of Mayor Edgerton. (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented, noting the absence of Mayor Edgerton. (d)RECOMMENDATION TO RECEIVE AND FILE AND FEBRUARY 1994 FINANCIAL REPORTS: (1)Revenue and expenditure report; (2)City Treasurer's report; and, (3)Investment report. Action: To receive and file the February 1994 Financial Reports as presented, noting the absence of Mayor Edgerton. (e)REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL AND ONE POLICE SERGEANT. Memorandum from Personnel Director Robert Blackwood dated March 1, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Public Works Field Personnel and one Police Sergeant, noting the absence of Mayor Edgerton. (f)REQUEST FOR APPROVAL OF CRITERIA FOR DISTRIBUTION OF IN-LIEU PARKING SPACES. Memorandum from Public Works Director Amy Amirani dated March 15, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, due to questions regarding the funding of additional parking spaces. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commission member, spoke to clarify the program and the criteria policy requested by the Commission. Action: To approve the Downtown Business Area Enhancement District Advisory Commission recommendation to approve the criteria for distribution of the 20 In-Lieu parking spaces for business incentive as follows: 1)any assignment or distribution subject to City Council approval; 2)first priority to loss of parking on Pier Avenue or Hermosa Avenue due to R/UDAT implementation; 3)remaining distribution based on the following: a)new construction or remodels of existing buildings; b)only to meet parking requirements for daytime office/retail use; c)only to projects under 10,000 square feet; and, d)maximum allocation limited to 50 percent of required parking needs, with the understanding that Councilmember Reviczky's concerns, that money be set aside from the in-lieu fees to cover the expense of providing the parking spaces when it became necessary to comply, be noted. Motion Reviczky, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. (g)RECOMMENDATION TO APPROVE AWARD OF CONTRACT TO STUDY CONSOLIDATION OF BEACH CITIES FIRE DEPARTMENTS. Memorandum from City Manager Stephen Burrell dated March 16, 1994. Action: To approve the staff recommendation that a contract for an amount not to exceed 39,325 be awarded to Ralph Anderson and Associates (selected by all three beach cities) to conduct a study to determine the feasibility of consolidating the three beach cities' fire departments, with the understanding that the award of the contract is contingent upon the decision of Manhattan Beach and Redondo Beach to also approve the study and with the understanding that the actual cost to Hermosa Beach would be one-third of the contract cost which equals 13,108 (15,000 was approved for the study in the 1993-94 budget), noting the absence of Mayor Edgerton. (h)REQUEST FROM THE KIWANIS CLUB TO BUILD A TRASH ENCLOSURE ON CITY OWNED PROPERTY. Memorandum from Planning Director Michael Schubach dated March 15, 1994. Action: To approve the staff recommendation to approve the request to construct a trash enclosure on public property which is currently leased to the Kiwanis Club, with the understanding that a building permit will also be secured by the Kiwanis Club, noting the absence of Mayor Edgerton. (i)REQUEST TO AUTHORIZE THE PURCHASE OF OFFICE FURNITURE FOR THE DOWNSTAIRS AREA OF THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated March 15, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting, due to a question of where the money came from for the Asset Forfeiture Fund. Police Chief Straser responded to Council questions and said the money was awarded by the Court from assets seized in narcotic cases. Action: To approve the staff recommendation to authorize the purchase of office furniture to outfit the downstairs area of the Police Department through the Los Angeles County purchase agreement #54807 with McDowell Craig Office Furniture of Norwalk for a total cost of 40,134.21, which was approve in the 1993-94 budget with funding through the Narcotics Asset Forfeiture Fund. Motion Oakes, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) and (i) 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.CABLE TELEVISION FCC FORM 393: DETERMINATION OF BASIC CABLE TV RATES, with Resolution for adoption. Memorandum from Assistant City Manager Mary Rooney dated March 10, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. The public hearing opened at 7:35 P.M. Coming forward to address the Council on this item were: Chantel Hargis - MultiVision Cable TV representative, requested that the Council reject the staff recommendation and to approve the staff alternate recommendation to accept the current rates as reasonable due to: 1)questionable information from the City's consultant, C.S.G.; 2) the impact of the five percent Franchise Fee and the ten percent Utility User Tax would amount to approximately 12,500 that the City would have to repay or credit to MultiVision; 3)MultiVision's belief that they have met the guidelines and benchmarks; and, 4)new rules from the FCC will be out about May 15, 1994, and MultiVision wishes to go on the record as being opposed to rate regulation; and, Shirley Cassell - 611 Monterey Blvd., suggested the City go out to bid in order to have more than one Cable TV company in Hermosa; said MultiVision had taken basic programs away and placed them in a "super" category that now cost Hermosa Beach residents more money. The public hearing closed at 7:48 P.M. Action: To approve the staff recommendation to: 1)accept the equipment and installation rates as reasonable; 2)disapprove the rate for the Basic Service tier as unreasonable, prescribe a lower rate and order refunds; and, 3)adopt Resolution No. 94-5666, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO SECTIONS 76.936, 76.940, 76.941 AND 76.942 OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION DISAPPROVING EXISTING RATES AND CHARGES FOR THE BASIC SERVICE TIER, IN PART, PRESCRIBING RATES AND CHARGES FOR BASIC SERVICE TIER, AND SEEKING COMMENT WHY REFUNDS SHOULD NOT BE ORDERED.", as amended on page two, Section 5, to change the date of the meeting to read, "...7:30 P.M. on April 12, 1994 ...". Motion Bowler, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. 5.TEXT AMENDMENTS TO THE SIGN ORDINANCE: a)Historical sign exemption b)To allow temporary grand opening and special event signs c)To increase the amount that window signs are allowed to obscure the windows from 20% to 50%, with an Ordinance for introduction and waiver of full reading.Memorandum from Planning Director Michael Schubach dated March 14, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:10 P.M. Coming forward to address the Council on this item were: Roy Palmer - 1909 Bayview Drive, spoke in favor of unrestricted signage for businesses; and, Steve Crecy - Parks, Recreation and Community Resources Advisory Commission Chairperson, spoke in favor of restricting signage and cited Carson Blvd. as an example of the difference that sign restriction can make to the visual blight of an area. The public hearing closed at 8:13 P.M. Action: To approve the Planning Commission and staff re-commendation to amend the Sign Ordinance by: 1)adding provisions to allow reconstruction of nonconforming historic signs; 2)adding exceptions for temporary grand opening signs (to allow balloons, flags, and pennants); 3)introducing Ordinance No. 94-1106, as amended by the City Attorney to change Resolution to Ordinance in the title and to add in Section 1, page two, second paragraph, "An exception may be granted to allow repair or replication of the sign by the procedure set forth..."; and, 4)to refer window signage back to the Planning Commission to study incorporating window signs into the overall signage allowed a business as Manhattan Beach does. Motion Oakes, second Reviczky. The motion carried unanimously, noting the absence of Mayor Edgerton. Final Action: To waive full reading of Ordinance No. 94-1106, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND GRAND OPENINGS." Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: None 6.FINAL ADOPTION OF THE GENERAL PLAN LAND USE ELEMENT REVISION AND ADOPTION OF THE ENVIRONMENTAL ASSESSMENT, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated March 15, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:35 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:35 P.M. Action: To adopt Resolution No. 94-5667, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AND REVISING THE LAND USE ELEMENT OF THE GENERAL PLAN AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION." Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. The meeting recessed at 8:36 P.M. The meeting reconvened at 8:55 P.M. and returned the order of the agenda to item 1. MUNICIPAL MATTERS 7.REPORT ON REDUCTION OF PARKING ENFORCEMENT TIME LIMIT IN THE DOWNTOWN AREA. Memorandum from Public Works Director Amy Amirani dated March 15, 1994. Mayor Pro Tempore Benz had announced at the start of the meeting that this item had been withdrawn at the request of staff. 8.REPORT ON BFI RATE INCREASE, with Resolution for adoption. Memorandum from City Manager Stephen Burrell dated March 15, 1994. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Chip Scholz - Director of Community Relations for BFI, responded to Council questions and said the increase was needed due to the increase in fuel, tires and the general cost of doing business; said this was only the second increase in three and one half years; Shirley Cassell - 611 Monterey Blvd., questioned why residents were required to pay extra for recycling, if the City was given any part of the money collected from recycling, and why residents were required to pay in advance of the service being performed; Hollie Murray - 1775 Valley Drive, said he paid his bill one year in advance and felt this represented a contract with the company, yet received a bill to pay the balance after the last increase; Vitaly Gorodetsky - 1115 First Street, questioned why residents only received one recycling bin, felt it would be better if recyclables were separated; said he had called and had received no response from the company; Bill Feldon - (no address given), questioned why there was no large item pick-up; said people dumped old furniture in the road near his business and was told he had to pay to have the items removed; and, Chip Scholz - BFI, apologized to Mr. Gorodetsky for not returning his call; said that there was free large item pick-up for residential but a charge for commercial, however arrangements could be made to pick up "dumped" item if he was contacted; said the monthly cost per residence for recycling was 3.40 and extra recycling containers are available, but it was less expensive for BFI to pick up non-segregated material and separate it at its facility as the greatest cost in recycling was the time a truck was on the street. Action: To approve the staff recommendations to: 1)approve a 4.18 percent rate increase for residential and commercial accounts effective April 1, 1994, with the condition that BFI not request another rate increase before April, 1995; and, 2)adopt Resolution No. 94-5668, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A 4.18 PERCENT REFUSE RATE INCREASE AND A 4.18 PERCENT RECYCLING RATE INCREASE EFFECTIVE APRIL 1, 1994." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton. 9.AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR SOUTH SCHOOL SITE, with Resolution for adoption. Memorandum from Public Works Director Amy Amirani dated March 14, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Community Resources Director Rooney also responded to Council questions and said that the entrance to the park had not been finalized, that the park entry was one of the areas the consultant was being asked to address. Coming forward to address the Council on this item were: Hollie Murray - 1775 Valley Drive, recounted early history of the site; questioned where the entrance would be as he had heard it would be from Cypress and felt this would not be a good entry street as Cypress was a congested area with many businesses and would need curbs and sidewalks; suggested that the entry be from Valley Drive with parking on the Greenbelt; Bruce Menendez - 1420 Hermosa Avenue, business owner on Cypress, requested that the City send a letter to all owners and businesses on Cypress so that everyone is aware of the potential for a park entrance from Cypress; Steve Crecy - Parks, Recreation and Community Resources Advisory Commission Chairperson, gave a background on the year-long process, including two public hearings, before the Commission; said all property owners had been notified by mail, but the problem was that some of the business owners were not the property owners; thought it might be possible to have the entrance from Valley Drive; thanked the Council for approving the landscape architectural study; Charles Lapham - 1255 Tenth Street, Cypress property owner, said he was not notified; said everyone on Cypress was happy now and did not want more traffic or parking on the street as it could not be accommodated. Action: To approve the staff recommendation to : 1)award the contact for the South School Park landscape architectural services to J.F. Davidson Associates, Inc. in the amount of 19,843; 2)authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; 3)authorize the Director of Public Works to make minor changes to the contract as necessary within the budget; and, 4)adopt Resolution No. 94-1169, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT URBAN TREE PLANTING COMPETITIVE GRANT PROGRAM FOR THE SOUTH SCHOOL PARK PROJECT." Motion Oakes, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. 10.BILTMORE PARK MASTER PLAN. Memorandum from Community Resources Director Mary Rooney dated March 14, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Public Works Director Amirani also responded to Council questions. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, displayed his design and his model and suggested that they also be considered by the architect; concerned that the berms not be high enough that someone could hide behind them; objected to any cul-de-sac, bus parking or Police cars on the property; and said the paths should be less than 10 feet wide; Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commission member, questioned if xeroscape plantings were being considered (staff responded that they were); Howard Longacre - 1221 Seventh Place, said the Ordinance was clear, a cul-de-sac or road on the property was not allowed; Betty Martin - 257 27th Street, said 15th Street needed "No Through Street" signage as people would come down the street, not be able to turn around, then drive through commercial property to get out, creating a hazard (staff responded that there was such signage, but would try to increase or enlarge it); Shirley Cassell - 611 Monterey Blvd., stressed that the City staff must obey the people's vote on the Ordinance; and, Dallas Yost - 65 Pier Avenue, said there was already a parking problem downtown and the Biltmore Park would create a need for even more parking; felt this and the turn-around problem on 15th Street were problems that had to be addressed. Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to forward the conceptual suggestions and items of concern for the Biltmore Park site to the architect, Lawrence Moss and Associates, who was awarded the park design proposal at an amount of 6,000. Items of concern include: 1)no hardscape pathways (decomposed granite or other natural surface); 2) ground plane landscape shall consist of turf, groundcovers and flowers - shrubbery should be avoided or minimized; 3)trees should be mature shade trees (potential for a very large tree in the center of the park should be explored); 4)tall landscape elements should be included near the buildings on 15th Street; 5)security issues such as lighting and visibility should be addressed; 6)sense of entry should be from the Strand; 7)no tot lot; 8)no dogs allowed; and, 9)keep walkways to a maximum width of ten feet. Motion Bowler, second Reviczky. The motion carried unanimously, noting the absence of Mayor Edgerton. 11.REPORT ON OIL PROJECT - REIMBURSEMENT OF CITY'S COST AND ATTORNEY FEES. Memorandum from City Attorney Charles Vose dated March 16, 1994. Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular meeting of April 12, 1994 in order for Mayor Edgerton to be present as he had requested the item. 12.LOS ANGELES COUNTY LIFEGUARD AND BEACH MAINTENANCE SERVICES. Memorandum from Assistant City Manager Mary Rooney dated March 15, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions stating that the public hearing with the board of Supervisors is scheduled for May 5, 1994. Action: To approve the staff recommendation to: 1)receive and file the County Beaches and Harbors staff report; 2)direct the City Council sub-committee to meet with representative from the other cities to discuss this issue and to prepare for the Public Hearing at the Board of Supervisors; and, 3)direct the City Attorney to prepare a report regarding the legal issues surrounding the County's proposed potential service withdrawal. Motion Bowler, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. At 10:20 the order of the agenda was returned to item 2. 13.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER. Supplemental memorandum from City Manager Stephen R. Burrell dated March 21, 1994. City Manager Burrell presented the staff report and explained that the previous date of April 14, 1994 was not available for some of the other boardmembers, but the dates of Thursday, May 12, 1994 at 7:00 P.M. or Thursday June 2, 1994 at 7:00 P.M. were suggested as alternates. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular meeting of April 12, 1994 in order for Mayor Edgerton to be present. 14.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 15.OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: a.REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS REDUCING TRANSIENT OCCUPANCY TAX TO CORRESPOND WITH NEIGHBORING CITIES.Supplemental Memorandum from Finance Director Viki Copeland dated March 7, 1994. (Continued from meeting of March 8, 1994) Mayor Pro Tempore Benz discussed his request and asked if there was any interest from other Councilmembers. There was none. Action: There was no action taken on this item. (Mayor Edgerton absent) b.REQUEST FROM COUNCILMEMBER BOWLER FOR A DOCUMENT OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 34 (PRINGLE) REQUIRING FUNDING FOR MANDATED CITY PROGRAMS. Letter from Assemblyman Curt Pringle dated February 25, 1994 with a copy of the proposed constitutional amendment attached. Councilmember Bowler discussed his request. Action: After general discussion, it was directed by consensus of the Council that staff forward letters of support for all legislation regarding State funding for State mandated cost issues. (Mayor Edgerton absent) c.REQUEST FROM COUNCILMEMBER BOWLER TO DISCUSS A "SUNSET" CLAUSE FOR ALL NEW CITY ORDINANCES. Councilmember Bowler discussed his request. City Manager Burrell said that "sunset clauses" could be added to Ordinances regarding conduct, but it would not be appropriate to have "sunset clauses" on zoning Ordinances. City Attorney Vose said the City Code was antiquated and needed to be recodified to eliminate outdated or unenforceable portions, but "sunset clauses" could be added on a case by case basis to new Ordinances. Action: After general discussion, it was directed by consensus of the Council that staff include a "sunset clause" in all general Ordinances. (Mayor Edgerton absent) d.REQUEST FROM COUNCILMEMBER BOWLER FOR SUPPORT FOR THE ROBERTI LIBRARY ASSESSMENT DISTRICT BILL (SB1448). Supplemental letter with attachment from the City Council Library Subcommittee received March 21, 1994. Councilmember Bowler discussed his request and explained that this bill would allow the City to form a Library District if approved by a vote of the people, and, this might be necessary if, as stated by the County, the County Library budget does not include funding for Hermosa Beach. Action: After general discussion, it was directed by a consensus of the Council that staff respond in support to any legislation pertaining to funding of local Libraries. (Mayor Edgerton absent) e.REQUEST FROM COUNCILMEMBER BENZ TO CONSIDER A 5 DAY WORK WEEK FOR ALL CUSTOMER SERVICE RELATED DEPARTMENTS. Mayor Pro Tempore Benz requested that this item be continued to the Regular meeting of April 12, 1994. City Attorney Vose said the Brown Act that goes into effect on April 1, 1994 requires that agenda items contain adequate information for the public to understand the nature of the item, and without that information the Council is limited solely to the question of whether to agendize the item or not, the Council is not entitled to discuss the item. CITIZEN COMMENTS Coming forward to address the Council at this time were: Chris Boyle - Redondo Beach, said that in his opinion the "new" Brown Act was really the Council's friend; that the agenda needed tightening, especially "Other Matters - Council"; said getting to the drinking fountain on the bike path still creates a problem, but he was pleasantly surprised at the good job done on the north end of the bicycle path; and, Shirley Cassell - 611 Monterey Blvd., spoke regarding the four-ten work schedule for City Hall staff; said that after eight hours anyone's efficiency decreased therefore she favored a return to a five day work week; questioned who got the money from the Chamber of Commerce proposal to close lower Pier Avenue and sell booth space on June 19, 1994, said the City should share in the profit from closing a public street. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 22, 1994 at the hour of 11:25 P.M. to an Adjourned Regular Meeting of Thursday, March 24, 1994 at the hour of 7:00 P.M. for the purpose of a closed session to discuss matters of Meet and Confer, Personnel pursuant to Government Code Section 54957; matters of Pending Litigation pursuant to government Code Section 54956.9(a): Natural Resources Defense Council v. Beverly Hills et al. (Hermosa Beach); and , matters of Litigation pursuant to Government Code Section 54956.9(a): Shefman v. City of Hermosa Beach, Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach and Allen v. City of Hermosa Beach. ********************************************************************** City Council Minutes 03-29-94Page 8474 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 29, 1994, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Robert Marks, Planning Commissioner ROLL CALL - CITY COUNCIL: Present: Bowler, Oakes, Reviczky Absent:Benz (arrived at 8:25 P.M.), Mayor Edgerton ROLL CALL - PLANNING COMMISSION: Present: Dettelbach, Di Monda, Marks Absent:Suard, Chairperson Merl Also in attendance: City Manager Stephen R. Burrell and Planning Director Michael Schubach ADJOURNMENT TO A JOINT WORKSHOP MEETING BETWEEN THE CITY COUNCIL AND THE PLANNING COMMISSION Councilmember Bowler, acting as Chairperson, adjourned the meeting to a joint workshop meeting between the City Council and the Planning Commission, introduced the topics for discussion, and invited the Council and the Commission to discuss their overall goals and objectives. 1.CONDITIONAL USE PERMIT/PERMITTED USE LIST with a memorandum from Planning Director Michael Schubach dated March 24, 1994 and a supplemental draft of a commercial use/site specific impact matrix from the Planning Department delivered March 29, 1994. The general discussion focused on Conditional Use Permits (C.U.P.) as Council and Commission members offered ideas on methods to define the problems and streamline the permit process. Commissioner Dettelbach said the Commission was trying to streamline and to be more generic and less specific in its definitions. Commissioner Marks suggested a fixed criteria to judge occupations. Commissioner Di Monda said the Commission was reviewing the C.U.P. list and exploring the methods of other cities in order to consolidate, condense and make the process more readable. Councilmember Bowler expressed concern that conditions were placed in C.U.P.s to cover problems that could occur, not to correct a specific problem that is occurring; felt it would be better to give new businesses a chance then increase the conditions if there is a problem. Councilmember Reviczky said he did not have a problem with C.U.P.s in general, but felt a new business was innocent until proven guilty of creating a problem. Councilmember Oakes suggested standard conditions such as landscaping and additional site specific conditions such as hours of operation or entertainment; suggested that there might be specific geographic areas of the City where conditions could be relaxed if surrounded by commercial use only, cited "Shark's Cove", on Hermosa Avenue, as an example. Commissioner Marks said all conditions should be "out front" for a new business so it would know in advance the conditions that were required. Commissioner Di Monda said that a lot of the City Municipal Code was placed in a C.U.P. to cover such areas as noise control and dumpster placement to eliminate visual blight as it was cheaper and quicker to correct a problem in a C.U.P. which needed only a public hearing for revocation as opposed to prosecution for Municipal Code violations which required the City Attorney's time and a Court action. Councilmember Reviczky asked how long it might take to correct a problem. Planning Director Schubach responded that a public hearing for revocation under a C.U.P. would probably take six to eight weeks while a Court action could take many months. Councilmember Bowler asked City Manager Burrell for suggestions. City Manager Burrell responded that there could be standard conditions, with a check off list, in order to make pulling a use permit much easier; then there could be an exception procedure that a business owner could ask for if he or she had a different technique to control a problem, such as a baffling system to control noise rather than double glazing windows. Councilmember Benz arrived at 8:25 P.M. The meeting recessed at 8:28 P.M. The meeting reconvened at 8:45 P.M. Councilmember Bowler asked all in attendance to summarize his or her impression of the previous discussion and started by saying he saw the discussion as continuing with the process of viewing C.U.P.s as less a punitive action but more as addressing specific problems. Councilmember Benz said he believed C.U.P.s were meant to allow flexibility in a strict zone. Mr. Benz continued that the City had Ordinances to address problems of noise and trash and he objected to C.U.P.s as they did not have the checks and balances that he felt were needed. Commissioner Marks agreed that a C.U.P. did allow greater flexibility and suggested itemized entries for control and stronger guidelines. Councilmember Oakes said she agreed that the burden of proof should be lessened for owners of newly entering businesses, that a C.U.P. should be more Business friendly; but in streamlining the process it should not be overlooked that the concept of a C.U.P. was also to protect neighboring residential areas from noise and congestion problems brought about by the business. Councilmember Reviczky said the C.U.P. was not a perfect process and needed thorough study in order to modify those areas that needed change, as long as the focus was retained that a C.U.P. was intended to assure that there was no negative impact on residential areas. Commissioner Di Monda said that the City Attorney had said that a C.U.P. could not be given for a use not allowed in a zone. City Manager Burrell said he would ask the City Attorney for a legal clarification and report back to both bodies. 2.SMALL LOT ZONING STANDARDS with memorandum from Planning Director Michael Schubach dated March 14, 1994. Councilmember Bowler, with the consensus of the Council, directed that this item be continued to the next joint meeting of the City Council and the Planning Commission, tentatively scheduled for the next month with five Tuesdays which would be Tuesday, May 31, 1994. 3.PERMITTED LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS with memorandum from Planning Director Michael Schubach dated March 10, 1994. Councilmember Bowler, with the consensus of the Council, directed that this item be continued to the next joint meeting of the City Council and the Planning Commission, tentatively scheduled for the next month containing five Tuesdays which would be Tuesday, May 31, 1994. 4.OTHER ITEMS Councilmember Bowler said that under "Other Items" he would like to hear any ideas regarding steps that could be taken to speed up the process and ways to improve communication between the two bodies. Commissioner Marks drew concurrence from the other Planning Commissioners present when he said that the Commissions needed to know the Council's intent and rationale when it returned an item for Commission review. Councilmember Reviczky questioned if individual Councilmembers could go before a Commission to explain the Council's intent for an action taken. Planning Director Schubach said the City Attorney had said there was a problem with a liaison for a Commission or the Council speaking for the entire body. Councilmember Benz questioned who was in charge and asked why an item had to be returned for Commission review after the Council had made a decision. Councilmember Oakes suggested that the minutes of a meeting usually gave an indication of the reasons for a Council or Commission's action. CITIZEN COMMENTS Coming forward at this time to address the Council was: June Williams - 2065 Manhattan Avenue, said that C.U.P.s were primarily used in conjunction with alcohol related businesses, no retail stores need a C.U.P.; said a C.U.P. runs with the land not with the owner, so the current owner might do a great job of controlling the business, but a new owner might not; said a C.U.P. not only protects the residential areas but also the adjacent businesses from a careless owner. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 29, 1994 at the hour of 9:30 P.M. to the Regular Meeting of Tuesday, April 12, 1994 at the hour of 7:00 P.M. ********************************************************************** City Council Minutes 04-12-94Page 8491 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on April 12, 1994, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Carol Baker, Daily Breeze Reporter ROLL CALL: Present: Bowler, Reviczky, Mayor Edgerton Absent:Benz (arrived at 8:09 P.M.), Oakes PROCLAMATION: MEDAL OF VALOR WEEK APRIL 18 - 22, 1994 Mayor Edgerton read the proclamation describing the Medal of Valor Awards which seeks to credit safety personnel for heroic acts which so often have, in the past, gone unheralded; and, to honor all South Bay Police and Firefighters for their service to our communities and proclaimed the week of April 18 through 22, 1994 as Medal of Valor Week. Mayor Edgerton also announced the Medal of Valor luncheon on Thursday, April 21, 1994, and presented the Proclamation to Dr. Warren Barr, Hermosa Beach Chamber of Commerce President. PRESENTATIONS:PRESENTATION OF CHECK TO THE COMMUNITY CENTER FOUNDATION FROM THE HERMOSA BEACH KIWANIS CLUB Cary Bichlmeier, Manager of the Kiwanis Christmas Tree Lot, and Dallas Yost, President of the Kiwanis Foundation presented a check in the amount of 2,134.57 (a percentage of the proceeds from the tree lot) to Bruce Gelb, President of the Hermosa Beach Community Center Foundation. Mr. Gelb expressed the appreciation of the Foundation for the donation. ANNOUNCEMENTS: Mayor Edgerton announced the donation of two large photographs mounted on the Council Chamber walls as a black and white four-panel panorama of the South Bay coastline by Robbie Hutas and a large color photograph of the Manhattan and Hermosa Beach shoreline by John Post. He thanked the artists and said that they were out of town at this time but would be thanked in person when they were available. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Parker Herriott - 224 24th Street, spoke of concerns regarding items 1(g) and (l) and a February 10, 1994 letter from Michael Katz addressed to Stephen Burrell; said he also wished a copy of all correspondence to Mr. Katz; spoke against a proposed hotel on the Strand next to the Biltmore Park site; Claudia Davenport - representing "VOICE", invited the Council and all residents to the Third Annual "Earth Day" Celebration to be held Sunday, April 24, 1994 from 10:00 A.M. to 3:00 P.M. at Polliwog Park in Manhattan Beach; Mark Wirth - representing Congresswoman Jane Harmon in the Beach Cities, introduced himself and offered his assistance to the City; Howard Longacre - 1221 Seventh Place, submitted statement then read from the statement regarding Chamber of Commerce income; listed City elected and appointed officials who were active with the Chamber of Commerce and expressed the opinion that this constituted a conflict of interest and requested that they either refrain from Chamber or from City activities; listed items 1(l), 1(n), 2(a), 2(c)(1), 2(c)(2), 4, 5, 7 and 10 as agenda items that pertained to the Chamber and asked Councilmember Bowler and Mayor Edgerton to refrain from participating in these items; Shirley Cassell - 611 Monterey Blvd., stated that the meeting had started ten minutes late; requested that item 1(j) be removed from the consent calendar; and, questioned why items 2(c)(1) and 2(c)(2) were on the Consent Ordinance portion of the agenda and not public hearings; and, Jim Lissner - 2715 El Oeste Drive, mentioned two instances of verbal attacks on public officials, one at the joint Planning Commission/City Council Workshop Meeting and the second in the "Easy Reader" April Fool Edition; felt this was not in the public interest and the City should discontinue its legal advertisement with the newspaper as soon as possible. (b) WRITTEN COMMUNICATION 1.Letter from Dennis Martin dated March 28, 1994 regarding dumping of tree trimmings on the Greenbelt, with a sampling of items from the Greenbelt submitted as Exhibit "A". City Manager Burrell explained that Mr. Martin was at work and could not be at the meeting until possibly later. Action: To receive and file the letter. Motion Mayor Edgerton, second Bowler. So ordered, noting the absence of Benz and Oakes. 2.Letter from Carol A. Vaughn dated March 28, 1994 requesting the placement of two new crosswalks. Coming forward to address the Council on this item was: Carol Vaughn - 316 28th Street, spoke to her letter and stated for the record that the crosswalks that needed to be replaced for the safety of pedestrians were at 28th Street across Manhattan Avenue and a four way crosswalk at Gould and Morningside. Action: Mayor Edgerton directed, with the consensus of the Council, that the City Manager review these crosswalks, along with any others, to determine that they met the criteria for pedestrian safety. (Benz and Oakes absent) 3.Letter from Howard Longacre dated April 6, 1994 regarding missing portions of City meetings in the video replay tapes as delivered to MultiVision. Coming forward to address the Council on this item was: Howard Longacre - 1221 Seventh Place, spoke to his letter and expressed the hope that meetings would be recorded properly in the future. City Manager Burrell responded to Council questions. Councilmember Bowler drew concurrence from the Council by expressing the Council's concern for the taping problems and apologized to the public for any inconvenience. Action: There was no action taken on this item. (Benz and Oakes absent) 4.Letter from James Lissner dated April 7, 1994 regarding the recording and replay of City meeting video tapes. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, said there was no need to speak to his letter as the City had agreed to ask MultiVision to replay the meeting tape in question and asked the Council to set policy regarding the replay of video tapes of City meetings. Action: There was no action taken on this item. (Benz and Oakes absent) 5.Memorandum from Planning Director Michael Schubach dated April 7, 1994 requesting Closed Session discussion regarding a personnel issue. Coming forward to address the Council on this item was: Michael Schubach - Planning Director, spoke to his letter. Action: To receive and file the memorandum. Motion Mayor Edgerton, second Bowler. So ordered, noting the absence of Benz and Oakes. At 7:46 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Bowler, (g) Bowler, (j) Bowler, and (l) Bowler. Motion Reviczky, second Bowler. So ordered, noting the absence of Oakes. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting of March 22, 1994; and, Minutes of the Adjourned Regular Meeting of March 24, 1994. Action: To approve the minutes of the Regular Meeting of March 22, 1994 and the minutes of the Adjourned Regular Meeting of March 24, 1994 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46825 through 47034 inclusive, noting voided warrants Nos. 46827, 46828, 46840, 46856, 46893, 46894, 46962 and 46963. Action: To ratify the demands and warrants as presented. (Oakes 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 absent) (d) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO COMMUNITY SERVICES OFFICERS. Memorandum from Personnel Director Robert Blackwood dated March 28, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Community Service Officers. (Oakes absent) (e) RECOMMENDATION TO ADOPT RESOLUTION ADDING THE CITY MANAGER AND THE POLICE CHIEF TO THE LIST OF AUTHORIZED PERSONNEL ELIGIBLE TO UTILIZE THE CITY'S VISA CARD. Memorandum from Finance Director Viki Copeland dated March 31, 1994, with Resolution for adoption. Action: To adopt Resolution No. 94-5670, entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 88-5109 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION." (Oakes absent) (f) RECOMMENDATION TO RECEIVE MEMORANDUM FROM THE TRI-CITIES ADJUDICATION PROGRAM AND DIRECT STAFF TO PREPARE A LETTER FOR THE MAYOR'S SIGNATURE IN OPPOSITION OF AB2414. Memorandum from City Manager Stephen R. Burrell dated April 4, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to emphasize the devastating effect this proposed legislative action would have on the finances of the City. Action: To approve the staff recommendation to receive the memorandum from the Tri-Cities Adjudication Program and direct staff to prepare a letter for the Mayor's signature in opposition to AB2414 which would require a parking violation hearing officer to have the educational requirements for application to the state bar (i.e. an Attorney) and would create the difference between 13 - 20 per hour to 125 - 150 per hour, and, with the continuing direction that staff monitor this bill and take whatever steps necessary in opposition to it. Motion Bowler, second Reviczky. So ordered, noting the absence of Oakes. (g) RECOMMENDATION TO RECEIVE AND FILE AN INFORMATION REPORT REGARDING THE GRACE PERIOD FOR PARKING PERMITS. Memorandum from Finance Director Viki Copeland dated March 31, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting due to concerns regarding the seeming inconsistency of the length of the grace period. Finance Director Copeland responded to Council questions and said the purpose of the grace period was to guarantee that renewal permits would be received by the applicants. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, said the permits should start May 15th in order to coincide with the date posted on the street signs; questioned why there were two different dates; said he did not know what the length of the grace period was and assumed few other people would know either; and, Shirley Cassell - 611 Monterey Blvd., said the sign at the corner of 6th Street and Monterey Blvd. said permits were for the period between May 15th through September 15th and questioned why the permits were not for a full year (staff responded that the permits were valid for a full year at the yellow posted meters and valid from May 15th through September 15th when one hour parking restrictions are enforced in the unmetered zones); said there were still many red curbs on Monterey that could be painted out for more parking. Action: To direct staff to bring the entire program back in detail for Council review. Motion Mayor Edgerton, second Benz. So ordered, noting the absence of Oakes. Final Action: To direct that any protested parking tickets received for lack of a permit on March 14, 1994 be forgiven by the City. Motion Reviczky, second Mayor Edgerton. So ordered, noting the absence of Oakes and the abstinence from the vote by Benz due to having received a ticket on March 14, 1994. (h) REQUEST FOR APPROVAL FOR USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A CHRISTMAS TREE LOT FOR THE 1994 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated March 31, 1994. Action: To approve the staff recommendation to approve the use of the Community Center east lawn by the Kiwanis Club to operate a Christmas tree lot for the 1994 holiday season, with the understanding that the area be fenced and lighted, temporary signs installed, Kiwanis will assume all costs of restoring the area to its original state with Public Works Department approval by January 15, 1995, a camper will be allowed on site for security, Kiwanis will pay any other costs incurred by the City for the project and provide liability insurance in the amount of 1,000,000 and will occupy the site from November 14, 1994 through January 2, 1995. (Oakes absent) (i) RECOMMENDATION TO APPROVE PURCHASE OF THREE (3) PARKING ENFORCEMENT VEHICLES. Memorandum from Police Chief Val Straser dated April 4, 1994. Action: To approve the staff recommendation to authorize the purchase of three (3) "Go-4" gas powered utility parking enforcement vehicles for a total cost of 49,745 from the general fund, which includes a base price of 14,671 per vehicle plus tax and delivery. (Oakes absent) (j) RECOMMENDATION TO ACCEPT CONSTRUCTION AS COMPLETE FOR THE STRAND BIKEWAY AND PEDESTRIAN PATH - CIP 90-144. Memorandum from Public Works Director Amy Amirani dated March 21, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting due to concerns about the 50 percent of the cost attributable to change orders. Public Works Director Amirani said she was not with the City when the original bid went out so could not respond as to why many needed things were not included such as lighting, trash receptacles and lids, resurfacing and striping of the bike path in north Hermosa where it leaves the Strand and continues on Hermosa Avenue, and the planter at 35th Street. Ms. Amirani continued that no general fund monies had been used on the project as it had been completed, with change orders, for under the amount originally estimated in the transportation grant. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., questioned why the trash can lids were not installed when the project had been finished on February 6, 1994 (Ms. Amirani said this was a City, not contractor, responsibility); suggested that the City should make monthly inspections of the project for at least six months before releasing the Labor and Materials Bond. Action: To approve the staff recommendation to: 1)accept construction as complete for CIP 90-144, the Strand Bikeway and Pedestrian Path, constructed by Emma Corporation at a cost of 951,188; 2)authorize the Mayor to sign the Notice of Completion; and, 3)authorize staff to: a)release the retention payment to Emma Corporation 35 days after the Notice of Completion is recorded; and, b)release Emma Corporation from the Faithful Performance Bond and the Labor and Materials Bond. Motion Bowler, second Mayor Edgerton. So ordered, noting the absence of Oakes. Final Action: Mayor Edgerton directed, with the consensus of the Council, that staff return at the appropriate time with an amendment to the Circulation Element of the General Plan to allow the north section of the Strand to be designated as a bike path in order to allow necessary repairs to be made through transportation grant funds. (Oakes absent) (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES' BARGAINING UNITS, with Resolution for adoption. Memorandum from Personnel Director Robert Blackwood dated April 5, 1994. Action: To adopt Resolution No. 94-5671, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEE'S BARGAINING UNITS." (Oakes absent) (l) RECOMMENDATION TO ADOPT RESOLUTION OF INTENT TO STUDY COMMERCIAL DEVELOPMENT STANDARDS, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Supplemental examples of setbacks in the downtown area from the Planning Department dated March 22, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Planning Director Schubach responded to Council questions. City Attorney Vose also responded to Council questions and said the intent of the Resolution of Intention was to be as broad as possible. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, read from the staff report; said there should be set-backs to prevent commercial areas from impacting residential areas; and, Jim Lissner - 2715 El Oeste Drive, suggested including a specific distance from liquor establishments in the study. Action: To adopt Resolution of Intent No. 94-5677, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY OF COMMERCIAL DEVELOPMENT STANDARDS, ESPECIALLY AS THEY APPLY TO THE C-2 RESTRICTED COMMERCIAL ZONE." Motion Benz, second Bowler. So ordered, noting the absence of Oakes. (m) RECOMMENDATION TO ADOPT RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING A DATE OF JUNE 14, 1994 FOR PUBLIC HEARING OF THE HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1994-1995. Memorandum from Public Works Director Amy Amirani dated March 23, 1994. Action: To approve the staff recommendation to: 1)adopt Resolution No. 94-5672, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION 94-5661 OF SAID COUNCIL."; and, 2)adopt Resolution of Intent No. 94-5673, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CROSSING GUARD SERVICES PURSUANT TO 'THE CROSSING GUARDS MAINTENANCE DISTRICT ACT OF 1974', CHAPTER 3.5, ARTICLES 1,2,3 AND 4, SECTION 55530 THROUGH 55570, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AT CERTAIN LOCATIONS IN THE SAID CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 THROUGH JUNE 30, 1995; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (Oakes absent) (n) RECOMMENDATION TO ADOPT RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING A DATE OF JUNE 14, 1994 FOR PUBLIC HEARING OF THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1994-1995. Memorandum from Public Works Director Amy Amirani dated March 21, 1994. Action: To approve the staff recommendations to: 1)adopt Resolution No. 94-5674, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION 94-5662 OF SAID CITY."; and, 2)adopt Resolution No. 94-5675, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN LANDSCAPING AND LIGHTING APPURTENANCES TO BE INSTALLED, MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR STREET LIGHTING FIXTURES THROUGHOUT THE CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 THROUGH JUNE 30, 1995; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (Oakes absent) 2.CONSENT ORDINANCES a.ORDINANCE NO. 94-1106 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND FOR GRAND OPENINGS", for adoption. Memorandum from Deputy City Clerk Naoma Valdes dated March 28, 1994. Planning director Schubach responded to Council questions. City Attorney Vose also responded to Council questions. Action: To send Ordinance No. 94-1106 back to the Planning Commission for review of Council recommendation to change page two, Section 1, last paragraph, lines four and one half and five; in order to allow, during the Planning Commission review process, additional signs if the total sign allowance is not exceeded; and, then to return to Council for reintroduction. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. b.AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE TO PROHIBIT DOGS ON ACTIVE SCHOOL GROUNDS AND AT THE BILTMORE PARK SITE, for waiver of full reading and introduction. Memorandum from Community Resources Director Mary Rooney dated April 4, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Howard Longacre - 1221 Seventh Place, suggested that this item and item 2(c) should have been public hearings; Shirley Cassell - 611 Monterey Blvd., said the problem of animal excrement usually happened at night; felt there was no way to enforce this Ordinance and questioned its effectiveness; and, Parker Herriott - 224 24th Street, agreed with previous speakers. Proposed Action: To introduce the Ordinance as amended with the deletion on page 1, Section 22-3, line 23 of "... and at the Biltmore Park site." (include school property only). Motion Reviczky, second Bowler. The motion failed due to the dissenting votes of Benz and Mayor Edgerton and the absence of Oakes. Action: To continue this item, deleting the Biltmore Park site (as shown above), to the Regular Meeting of April 26, 1994 and agendize under Municipal Matters. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. c. 1)AN ORDINANCE FOR CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND STREET FESTIVALS, for waiver of full reading and introduction. Memorandum from Public Works Director Amy Amirani dated April 4, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Garrison Frost - 58 Pier Avenue, "Coast Drug" owner, spoke of the importance of tradition and the streets traditionally being open; suggested that the Chamber of Commerce survey was flawed and requested that the City conduct its own survey; Shirley Cassell - 611 Monterey Blvd., concerned with the money that the Chamber of Commerce receives from events involving the closure of public streets; feels the City does not receive a fair share of the money derived; James Dewey - 711 Manhattan Avenue, Downtown Business Area Enhancement District Advisory Commission member, said it was traditional to close streets for a special event; said the intent of the Commission was to bring people to the downtown area, not necessarily to a specific business within the area; Howard Longacre - 1221 Seventh Place, said annual sales tax for the City was 150,000 to 180,000 while the Chamber of Commerce received 270,000 for the Fiestas; felt this item did not belong under consent ordinance on the agenda and the merchants should have been noticed; Parker Herriott - 224 24th Street, said he agreed with Mr. Frost and Mr. Longacre; added that this should require Coastal Commission approval; and, Dallas Yost - Chamber of Commerce member and Pier Avenue merchant, said he did not mind the street closure for special events such as the Fiesta, but would not want it to be a weekly event. Action: To introduce Ordinance No. 94-1107, as amended to change Director of Public Works on page 1, Section 1, first paragraph of "Exception", line 24 and one half, to read, "...when authorized by the City Council by special permit ..." Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action: To waive further reading of Ordinance No. 94- 1107, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS." Motion Benz, second Bowler. AYES: Benz, Bowler, Reviczky, Mayor Edgerton NOES: None ABSENT:Oakes 2)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO ESTABLISH PROCEDURES AND MINIMUM REQUIREMENTS FOR PERMITS TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS, for adoption. Memorandum from Public Works Director Amy Amirani dated April 4, 1994. Public Works Director Amirani responded to Council questions. Action: To continue this item to the Regular Meeting of April 26, 1994; agendize as a Municipal Matter; and, direct staff to include measures to control the frequency of street closures and a means for the City to possibly, if desired, share in any profits or at least recover City costs. Motion Reviczky, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. The meeting recessed at 9:58 P.M. The meeting reconvened at 10:25 P.M. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (g), (j) and (l) 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.SPECIAL STUDY AND TEXT AMENDMENT TO EXAMINE ARTICLE 13 OF THE ZONING ORDINANCE REGARDING NONCONFORMING BUILDINGS AND USES, with Ordinance for introduction and waiver of full reading. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Action: To continue this item to the Regular Meeting of April 26, 1994, in order to have it heard by a full Council. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz and Oakes. 5.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION FOR GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 7:52 P.M.Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., mentioned her concern that certain items on the Consent Ordinance (item 2) section should have been given public hearings; Howard Longacre - 1221 Seventh Place, questioned the term "existing grade" referenced in the Ordinance, felt it should be "original grade" as people sometimes tried to build up the grade by filling in with soil and cited the former St. Michael's Hospital site as an example; requested that the item be continued for a full Council; Pete Tucker - 235 34th Street, questioned if this was commercial as well as residential (told by staff this was residential only); suggested that Hermosa include a "pre-demolition" survey such as Manhattan Beach requires; and, Frances Parker - 621 Loma Drive, suggested her preference for "original grade as determined by earliest City records". Councilmember Benz arrived at 8:09 P.M. The public hearing closed at 8:10 P.M. City Attorney Vose suggested alternative wording for a proposed amendment to the Ordinance. City Manager Burrell suggested that a survey could be accomplished from aerial records of ground elevation taken by the County. Action: To amend the proposed Ordinance to include a "date certain" from the best survey from City records and to bring the Ordinance back for introduction at the Regular Meeting of April 26, 1994. Motion Reviczky, second Bowler. The motion carried, noting the abstaining vote of Benz and the absence of Oakes. 6.1994 CONFORMANCE SELF-CERTIFICATION RESOLUTION FOR THE CITY TO BE IN CONFORMANCE WITH CONGESTION MANAGEMENT PROGRAM (CMS), AND ADOPTION OF THE CMS LOCAL IMPLEMENTATION REPORT, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated April 5, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:20 P.M.As no one came forward to address the Council on this item, the public hearing closed at 8:20 P.M. Action: To approve the staff recommendation to adopt Resolution No. 94-5676, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Bowler, second Benz. The motion carried unanimously, noting the absence of Oakes. At 8:22 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 7.MULTIVISION'S RESPONSE TO CITY COUNCIL RESOLUTION NO. 94- 5666 REGARDING RATE REGULATION. Memorandum from Assistant City Manager Mary Rooney dated April 4, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Walt Hansel - representing MultiVision, addressed MultiVision's concerns; believed the rate should not be regulated; suggested that if there is to be a refund it should not be given until after the FCC has made a ruling, which might be within two months; responded to Council questions; Jim Lissner - 2715 El Oeste Drive, supported the Council action for regulation and an immediate refund by MultiVision; submitted directly to the Council, and read from, a complaint written by Manhattan Beach; Shirley Cassell - 611 Monterey Blvd., said statements made by Mr. Hansel were incorrect as MultiVision had taken more than two channels from regular programming, including the Discovery Channel, and had placed them in an extra cost tier and, in return, had added an additional Spanish language channel to basic service; and, Walt Hansel - representing MultiVision, responded to questions, said that if the FCC rules in the City's favor MultiVision would include applicable interest with the refunds; and, said the channels added to the basic service were "must carry" stations. Action: To approve the staff recommendation to receive and file the response from MultiVision Cable TV to City Council Resolution No. 94-5666, but to include a stay of the refunds until the FCC has made a ruling. Motion Benz, second Bowler. The motion carried, noting the absence of Oakes. 8.REPORT ON OIL PROJECT - REIMBURSEMENT OF CITY'S COST AND ATTORNEY FEES. Memorandum from City Attorney Charles S. Vose dated March 16, 1994. (Continued from March 22, 1994 meeting) City Attorney Vose spoke to his report and responded to Council questions. City Manager Burrell also responded to Council questions and said that 27,000 had been received by the City through February; the City now billed monthly; and, he would report back to the Council with the name of the account on which the checks were drawn. Action: To receive and file the report. Motion Mayor Edgerton, second Benz. So ordered, noting the absence of Oakes. 9.SOUTH SCHOOL PARK: ENCROACHMENTS AND REQUESTS FROM RESIDENTS TO PURCHASE LAND. Memorandum from Community Resources Director Mary Rooney dated April 4, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Paul Scannel - 531 Loma Drive, said to use the north west corner as pedestrian access was a safety concern as 50 to 60 feet of the area was used as a driveway and it was dangerous to mix pedestrians with vehicles; questioned why there needed to be two entrances so close together; expressed concern about the land stability since it was on a sandhill and about the lack of privacy that security lights would cause for the residents; Shirley Cassell - expressed concern about the safety factor without adequate policing and security lights; felt it was best to sell the property to the residents as it was no use to the park and might be worth up to 15,000 per lot in income to the City; Frances Parker - 621 Loma Drive, submitted a photograph of the property; said the resident's offer price for the land was based on the school appraisal; said she was concerned with safety because she had to call the police three times within a week when cars had access to the property; Brian Mitchell - 322 Culper Court, Parks, Recreation and Community Resources Advisory Commission, said he would not like to sell parkland; that the northwest corner might provide maintenance vehicle access that is not available from Loma Drive; Frances Parker - 621 Loma Drive, said the City did not purchase the 10 foot strip of land in question from the School District in the sale of the South School site as it has always been City property that had been used by the School District as an easement; and, Howard Longacre - 1221 Seventh Place, said the ten foot strip of land was an attractive nuisance; said discussion of this item had been deleted from the video tape replay of the meeting of March 22, 1994; and, said this land should be sold to neighboring residents. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)not sell open space to residents at this time; and, 2)direct staff to set a public hearing concurrently with the South School Park final design review to discuss and make recommendations on existing encroachments onto the site, with the addition of direction to staff to formally notify all affected residents of the public hearing and to secure appraisals for the land, both as open space and as residential property. Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes. 10. REDUCING PARKING ENFORCEMENT TIME LIMIT IN THE DOWNTOWN AREA (Continued from March 22, 1994 meeting) AND ONE HOUR PARKING AT LOWER PIER AVENUE DURING THE MONTH OF MAY. Memorandum from Public Works Director Amy Amirani dated April 5, 1994. (Continued from the March 22, 1994 Regular Meeting) Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Garrison Frost - 58 Pier Avenue, "Coast Drug" owner, said he and Dallas Yost had counted cars parked on lower Pier Avenue and wished to volunteer their information for inclusion. Action: To continue this item to a future meeting and to include the information from Mr. Frost and Mr. Yost. Motion Benz, second Bowler. So ordered noting the absence of Oakes. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER SELECTION OF DATE FOR THE JOINT STUDY SESSION BETWEEN THE CITY COUNCIL, HERMOSA BEACH SCHOOL DISTRICT AND THE PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Manager Stephen R. Burrell dated March 21, 1994. (Continued from March 22, 1994 meeting) City Manager Burrell said the School District Board of Trustees had informed him that the date of May 12, 1994 was no longer an option for them. Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Thursday, June 2, 1994, at the hour of 7:00 P.M. be accepted for the joint Study Session Meeting with the City Council, Hermosa Beach School District Board of Trustees and the Parks, Recreation and Community Resources Advisory Commission. (Oakes absent) 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: a.Request from Councilmember Benz to consider a 5 day work week for all customer service related departments. Action: Councilmember Benz requested, with the consensus of the Council, that this item be continued to the Regular Meeting of April 26, 1994. (Oakes absent) b.Request from Councilmember Benz to consider the installation of a customer service comment box in the Council Chambers foyer. Councilmember Benz discussed his request. Action: To direct staff to proceed with the installation of a customer service comment box in the Council Chamber foyer. Motion Benz, second Mayor Edgerton. So ordered, noting the absence of Oakes. CITIZEN COMMENTS Coming forward to address the Council at this time was: Howard Longacre - 1221 Seventh Place, spoke of the need for a financial plan to examine cost increase versus revenue increase for improvements in the downtown area. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 13, 1994 at the hour of 12:30 A.M. to an Adjourned Regular Meeting of Thursday, April 21, 1994 at the hour of 8:00 P.M., for the purpose of adjournment to a closed session for the purpose of discussion of matters of Meet and Confer, Personnel Matters pursuant to Government Code Section 54957; Matters of Pending Litigation pursuant to Government Code Section 54956.9(a): Natural Resources Defense Council v. Beverly Hills et al. (Hermosa Beach); and, Matters of Litigation pursuant to Government Code Section 54956.9(a): Allen v. City of Hermosa Beach; Baker v. City of Hermosa Beach; Sea Sprite Ltd., Dewey Falcon, Steven Hunt and Arnold Cattani v. City of Hermosa Beach; and Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. ********************************************************************** City Council Minutes 04-26-94Page 8493 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on April 26, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Matt Cruse, resident ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None PROCLAMATIONS: HIRE A VETERAN WEEK - Mayor Edgerton declared the week of May 1 - 7, 1994 as "Hire a Veteran Week" and presented a Proclamation to Michael O'Kane from the Veteran's Services Division of the Employm