MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 9, 1996, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Robert Essertier, resident ROLL CALL: Present: Benz, Oakes, Reviczky, Mayor Bowler Absent: Edgerton PRESENTATIONS: OUTSTANDING EMPLOYEE AWARD Robert Thomas, Meter Technician Mayor Bowler presented the Outstanding Employee Award for the 1st Quarter FY 1995-96 to Robert Thomas, Community Services Department Meter Technician, for his sustained job performance, which has been well above set standards, and his willingness to volunteer in emergency situations. Mr. Thomas thanked everyone for the honor and gave special thanks to Police Chief Straser and Sergeant Tom Thompson. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Robert Essertier - Hermosa Beach, said he had sent a letter to the Council explaining an inexpensive E-mail service that he had created using the internet; said he would be willing to give every Hermosa citizen a free account if the City could subsidize the out-of-pocket phone costs estimated at 10,000 per year; said if the Council was interested he would prepare a more formal and detailed proposal for a future agendized item (Mayor Bowler said that he would like to speak with Mr. Essertier on an informal basis before a proposal is brought forth and invited all other Councilmembers to do the same.); Doris Nicholson - Kenny Nicholson Foundation, presented a plaque to Mayor Bowler for the City's involvement in the 1995 Christmas Toy Drive which had produced donated toys for 350 homeless children and thanked the citizens and the Councilmembers who had volunteered toys, time and services; and, Dragana Bajalovic - FirstNight Director, said she wished to thank everyone for the wonderful support they had given to FirstNight 96, that the event had doubled from the last year; gave special thanks to Mayor Bowler, the Police, Fire and Public Works Departments and to Mike Flaherty, Public Works Superintendent. ANNOUNCEMENTS: Councilmember Reviczky said that this year's toy drive had been the most successful to date and that toys had been given to nine organizations for distribution to needy children; thanked the Fire Department and all who had collected toys; thanked the 40 people who had helped to wrap the toys; and thanked the Womens Club, B.F.I., Pacific Screen Print and the Chamber of Commerce for cash donations. Mayor Bowler announced that there would be a Grand Opening Celebration for South Park this Saturday, January 13, 1996 starting at 10:00 A.M. Community Resources Director Mary Rooney said that everyone was invited to the park at 425 Valley Drive and there would be in-line skating instructions and demonstrations sponsored by ROLLERBLADE (with equipment provided), games and a picnic. (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: (b) Benz, (d) Benz and (e) Oakes. Motion Benz, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on December 12, 1995. Action: To approve the minutes of the Regular Meeting of December 12, 1995 as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5027 THROUGH 5033 INCLUSIVE, NOS. 5156 THROUGH 5162 INCLUSIVE AND NOS. 5329 THROUGH 5527 INCLUSIVE, NOTING VOIDED CHECK NOS. 5031, 5032, 5329 THROUGH 5346 INCLUSIVE AND 5347 THROUGH 5418 INCLUSIVE. AND, TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the worker's compensation payment and private ambulance transport payment. City Manager Stephen Burrell responded to Council questions saying the worker's compensation payment was into the trust fund account and he would return with an answer regarding the private ambulance transport payment. Action: To ratify the check register as presented. Motion Benz, second Reviczky. The motion carried, noting the absence of Edgerton. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding the 35,000 phone charges for the Police Department, but said that he would speak to the City Manager at a later time for a response. Action: To receive and file the November, 1995 Financial Reports as presented. Motion Benz, second Oakes. The motion carried, noting the absence of Edgerton. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 20, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to questions regarding removal of the barbecues at Valley Park and the review of CIP projects by some Commission. Community Resources Director Mary Rooney responded to Council questions saying that the barbecues were to be repaired and then replaced in areas that would not impinge upon current sports fields. City Manager Burrell said that currently the Planning Commission does review CIP projects as required by State law. Action: To receive and file the Action Minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 20, 1995. Motion Oakes, second Reviczky. The motion carried, noting the absence of Edgerton. (f) Recommendation to receive and file the action minutes from the Downtown Enhancement Commission meeting of January 3, 1996. Action: To receive and file the Action Minutes from the Downtown Business Area Enhancement District Advisory Commission meeting of January 3, 1996. (Edgerton absent) (g) Recommendation to adopt a resolution acknowledging the receipt and filing of the Annual Statement of Investment Policy for the City of Hermosa Beach. Memorandum from City Treasurer John Workman dated January 3, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5788, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1996." (Edgerton absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1146 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DESIGN STANDARDS FOR COMMERCIAL CONDOMINIUMS." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 20, 1995. Action: To adopt Ordinance No. 96-1146. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Edgerton b.ORDINANCE NO. 96-1147 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING CITY HOLIDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 20, 1995. Action: To adopt Ordinance No. 96-1147. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Edgerton 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (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 4.1994-95 ANNUAL FINANCIAL STATEMENTS AND AUDIT REPORTS Memorandum from Finance Director Viki Copeland dated December 19, 1995. a.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1994- 95, INCLUDING REPORT FROM INDEPENDENT AUDITOR. b.RECOMMENDATION TO MANAGEMENT FROM INDEPENDENT AUDITOR. This item was continued to the Regular Meeting of January 23, 1996 at the request of staff. 5.STUDY OF PIER AVENUE PARKING FROM PACIFIC COAST HIGHWAY TO HERMOSA AVENUE. Memorandum from Public Works Director Amy Amirani dated December 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 7:55 P.M.As no one came forward to address the Council at this time public participation closed at 7:55 P.M. Action: To receive and file the report. Motion Oakes, second Reviczky. The motion carried, noting the absence of Edgerton. 6.DOWNTOWN MAINTENANCE AND MUNICIPAL PIER MAINTENANCE CONTRACTS FOR THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Amy Amirani dated December 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions saying that the City had the option of stopping the contract at any time and that there were daily inspection reports given to the City by the work crews of any problem that they had encountered that needed the City's attention. City Manager Burrell also responded to Council questions saying that it was possible to coordinate these contracts and the City street sweeping contract to end at the same time and be bid together in the future. Public participation opened at 8:10 P.M.As no one came forward to address the Council on this item, the public participation closed at 8:10 P.M. Action: To approve the staff recommendation to: 1)Approve and authorize the Mayor to sign a contract for the above maintenance work with Allpoints Maintenance and Specialty Maintenance, Inc. for two and one half years, starting January 1, 1996, until June 30, 1998, for total amounts of 24,230.00 and 118,975.00 respectively; 2)Appropriate an additional 3,871.00 to cover additional expenses: 645.00 to Street Maintenance/Traffic Safety, Account #001-3104-4201 and 3,226.00 to Downtown Enhancement, Account #109- 3301-4201; 3)Direct the City Clerk to reject all bids after the City Council awards the contract; 4)With the addition of two amendments to the contract of: a)a clause that would allow the suspension of work (and payments) during the period that the downtown area is under construction or allow the work to be transferred to another area, if available, during construction in the downtown area; and, b)a clause that would allow the contracts to end concurrently with the street sweeping contract; and, 5)With the direction to staff to develop the special event contracts to include steam cleaning of the sidewalks after the events. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 7.AGREEMENT WITH HERMOSA BEACH CHAMBER OF COMMERCE FOR FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated January 4, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:14 P.M. Coming forward to address the Council on this item were: Jerry Newton - 53 Pier Avenue, Chamber of Commerce President, asked that it be made clear that that Fiesta vendors with a current Hermosa Beach Business License also were excluded from the 25 fee to the City, as it was not listed in item 1(c) of the contract; Patricia Spiritus - 58 Eleventh Street, said she was presenting a petition to the Chamber to have no vendors directly in front of a business' door and to change the flow of the pedestrians in order to open the sidewalks more; Susan Blaco - Fiesta volunteer, said that the Chamber brought in the largest crowds of the year and it was in everyone's best interests to have the Fiestas be successful; asked when the Council had last seen a merchant sweep in front of his store; Carol Hunt - Chamber of Commerce Executive Director, said that downtown merchants were given first chance to have a space in front of their stores and that many did so; and said that it was in the best interests of not only the visitors but also the vendors to have the sidewalks clear behind the booths and that volunteers tried to monitor this but were not always successful. Public participation closed at 8:20 P.M. City Attorney Michael Jenkins responded to Council questions saying that this was a change that could be included in the contract if it was the Council's intent to exclude Hermosa businesses from the 25 fee. Action: To approve the staff recommendation to: 1)Approve the agreement between the City and the Hermosa Beach Chamber of Commerce for the Chamber to produce two "Fiesta de las Artes" per year from 1996 to 2000, provide for annual review, provide for payment by the Chamber of 25 per for profit vendor to a maximum of 10,000 and payment of all direct costs to the City of Police , Public Works and sidewalk steam cleaning, with all other permits required to stage the events obtained annually through the Community Resources Department; and, 2)authorize the Mayor to execute the contract on behalf of the City as amended in Section 1, paragraph (c), second sentence to read, "...who provides CHAMBER written proof of its non-profit status or current Hermosa Beach business license." Motion Oakes, second Mayor Bowler. The motion carried, noting the absence of Edgerton. 8.DOWNTOWN IMPLEMENTATION STATUS REPORT. Memorandum from City Manager Stephen Burrell dated January 4, 1996. City Manager Burrell presented the staff report and responded to Council questions.. Action: To approve the staff recommendation to: 1)Receive and file report; and, 2)Direct City Manager to return to the City Council with draft agreements with L.A. County and hotel developers as soon as possible. Motion Benz, second Oakes. The motion carried, noting the absence of Edgerton. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FROM THE AMERICAN LUNG ASSOCIATION TO ADOPT RESOLUTION SUPPORTING PLAN TO REDUCE SMOKING AMONG CHILDREN. Memorandum from City Manager Stephen Burrell dated January 2, 1996. City Manager Burrell said this item was on the agenda for the Council's consideration. Action: To receive and file the request. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 11. OTHER MATTERS - CITY COUNCIL - None Councilmember Benz said that his item from the last meeting of December 12, 1995, regarding the re-evaluation of the Planning Commission and possible appointment of new members had been continued to this meeting, but had inadvertently been left off of the agenda. Mr. Benz asked the City Attorney if this matter could be discussed tonight. City Attorney Jenkins said that it could not be discussed tonight and that it would have to be placed on the agenda of the Regular Meeting of January 23, 1995. Councilmember Reviczky reported on the progress of the three temporary sub-committees, of which he is a member, as: 1)the Crossing Guard sub-committee will meet with a sub-committee from the Hermosa Beach School District as soon as a date can be finalized; 2)the Beach Cities Health District sub-committee will meet with members from Redondo Beach and Manhattan Beach next week; and, 3)the Water District sub-committee had met with California Water Service representatives and had attended the PUC meeting held in Hermosa Beach. Mr. Reviczky said the Water District had reduced its rate increase request from 18 percent to 7.7 percent for the first year. CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said that new people were needed on the Planning Commission; asked that Beach Drive be kept open; and said that two paramedic units should be sent out on emergency calls rather than one paramedic unit and the Fire truck ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CONFERENCE WITH LABOR NEGOTIATOR: pursuant to Government Code Section 54957.6 - City Manager Stephen Burrell, negotiating for the City with: a)Hermosa Beach Firefighters Association; and, b)Teamsters Local 911. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 9, 1996 at the hour of 9:00 P.M. to the closed session. At the hour of 9:49 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 9, 1996 at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, January 23, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, January 18, 1996, at the hour of 7:40 P.M. PLEDGE OF ALLEGIANCE - Robert Benz, Councilmember ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ALSO IN ATTENDANCE: Stephen R. Burrell, City Manager and Naoma Valdes, Deputy City Clerk 1.REVIEW OF 1995 PLANNING SESSION. City Manager Burrell gave an overview of the progress made on the goals for 1995 and said that the continuing goals for 1996 included a deferred maintenance program for equipment and vehicles, downtown improvement and replacing the sewer system. Councilmember Reviczky spoke of accomplishments in 1995 and said that he was pleased with the number of new businesses coming into the City and then commended the restructured financial systems, the establishment of a vehicle replacement fund, and the lowered number of workman's compensation lawsuits. Mr. Reviczky then listed a number of accomplishments for each department, said he was very proud of the hard work done by City staff to produce these results and praised City Manager Burrell for his leadership. 2.1996 PLANNING GOALS AND DIRECTION. a)Councilmember goals for 1996. Councilmember Benz said he wanted a greater emphasis on customer service from the City staff, asked that guidelines for dealing with people be established in order to determine if all staff members were meeting the expectations set for them, said that City staff should never say no to a citizen/customer without an explanation, asked that a customer service kiosk be set up so that staff could be evaluated by the people they serve and wanted a five-day work week for City staff. Mr. Benz continued by saying he wanted to see the Municipal Code streamlined, to have special events integrated with the City in order to produce more business for the merchants, have cisterns and sump pumps placed in connection with storm drains in order to pump into the sanitary sewer system, inaugurate a resident volunteer program for emergencies, to have the computer LAN system up and functioning and to use the assets that the City has in order to produce revenue. Councilmember Edgerton agreed with Mr. Benz and added that he wanted to see the downtown area completed with the widening of the sidewalks and a parking structure behind the theatre that would not block anyone's view and to have special events coordinated through more Commissions such as beach events going to the Downtown Business Area Enhancement District Commission. Mr. Edgerton continued by saying that he would like another roller hockey rink at the Community Center in place of the tennis courts and that he wanted to find a method to fund the school crossing guards. Councilmember Oakes said that she agreed with the emphasis on providing training to the community for emergency preparedness and to the staff for customer service. Ms. Oakes also said that she would like to develop reasonable time-tables for long term projects and that she would like to see revitalization not just in the downtown but on Pacific Coast Highway and Aviation as well, as those were the areas that most people see. She continued by saying that she wished to encourage underground districts, develop an on-line network, require grease interceptors for restaurants and automotive shops, promote greater communication with the Commissions through more joint meetings and establish upgraded park maintenance through more careful pruning of the City owned trees, both in the parks and on the Greenbelt. Councilmember Reviczky agreed with many of the previous comments and said that grease traps on certain businesses would greatly extend the life of the City sewers; cisterns on storm drain lines to pump into the sewer system would reduce the contaminants from flowing into the ocean; and emphasized that the funding of the school crossing guards was a very important safety issue. Mr. Reviczky continued by saying he wished to see an overall parking plan developed, with year-round parking permits. He also stressed that the City needed to develop long term financing for some of its projects and to find alternate funding sources through grants, joint ventures and donations. Mayor Bowler said that he would like to see long-range plans developed for events and studies and cited the need for a workshop to create a comprehensive plan for the entire block that will contain the hotel, parking structure and theatre so that the area could be considered as a whole; he also cited the need for a Pacific Coast Highway/Aviation Boulevard task force to work on the revitalization of this important commercial area of the City; and he would like two City sponsored revenue producing events per year. Mayor Bowler listed the vehicle and equipment replacement fund and emergency preparedness as important continuing goals; said the funding to keep the Library open was a continuing problem; cited employee morale problems and said that the proposed incentive pay could help motivate employees to generate the type of customer service that the Council wanted; and, said that he would like to see Hermosa become a model city for electronic communication. Mr. Bowler closed his remarks by saying that he would like the Police Department crime statistics published to show the great job the department was doing; traffic studies to deter thru-traffic from using residential streets; more volunteer positions established; and, if the budget permitted, to expand Public Works by one position this next year. b)Review of 1995 goals list to eliminate those items that have been completed or are no longer relevant. Mayor Bowler read the list of 1995 goals to allow the Council to determine if there were any goals that the Council did not wish to retain. Action: To remove the goal titled, "PRIORITIZE REVIEW OF C.U.P. REQUIREMENTS" as this had been accomplished. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Action: To remove the goal titled, "SUNSET CLAUSES ON NEW LAWS" as it had been determined that a sunset clause was not practical for most laws. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. Action: To amend the wording for the goal titled, "APPLY STRICT INTERPRETATION OF ZONING CODE AT PLANNING COMMISSION LEVEL" to read, "APPLY STRICT INTERPRETATION OF ZONING CODE TO THE ENTIRE PLANNING PROCESS." Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. Action: Mayor Bowler directed, with the consensus of the Council, that the City Manager examine the goal, "COMMUNICATION INFRASTRUCTURE, INCLUDING CONDUIT PIPELINES WHEN POSSIBLE" and to return with a report that delineates the conditions that would allow an extra conduit pipeline, for future use, to be placed in an open trench while repair work is being done. Action: To amend the wording of the goal titled, "ENCOURAGE NEIGHBORHOOD UNDERGROUNDING DISTRICTS" to read, "ENCOURAGE NEIGHBORHOOD UNDERGROUNDING DISTRICTS BY EXPLORING OPTIONS WITH SOUTHERN CALIFORNIA EDISON CO. AND WITH VARIOUS OTHER UTILITY COMPANIES." Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Councilmember Edgerton asked that entrance signs and holiday banners (that go across the street), for the Pacific Coast Highway area, be added to the goals list. Councilmember Oakes said that Pacific Coast Highway should be one of the Council's priorities and suggested that median strips be considered and that signage and a more attractive presentation be done at the Community Center. Mayor Bowler said that he would place the creation of a task force for Pacific Coast Highway on the agenda for the next meeting. 3.CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: a)PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code Section 54957 - City Manager ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, January 18, 1996 at the hour of 9:40 P.M. to the closed session. At the hour of 9:59 P.M. the closed session reconvened to the Special Meeting. ORAL ANNOUNCEMENTS: Action: To approve the recommendation of the sub- committee as presented and direct that it be placed on the agenda of the Regular Meeting of January 23, 1996, as an amendment to the City Manager contract effective January 1, 1996. The above action was taken by unanimous agreement of the City Council. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, January 18, 1996 at the hour of 10:00 P.M. to the Regular Meeting of Tuesday, January 23, 1996 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 Tuesday, January 23, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Charlotte Lesser, Beach Cities Health District ROLL CALL: Present: Benz, Oakes, Reviczky, Mayor Bowler Absent: Edgerton (arrived at 7:33 P.M.) ANNOUNCEMENTS: Mayor Bowler announced that he had attended the Association of Retarded Citizens (ARC) luncheon to accept plaques from Assemblymember Bowen and State Senator Dills on behalf of the City's contributions to ARC. Mayor Bowler also asked that the Council consider placing an urgency item on the agenda to voice the Council's opposition to Assembly Bill (AB) 855 sponsored by Assemblymember Caldera and signed by the Governor, which would form an assessment district to place a special assessment on businesses, with the funds derived being placed under the administration of the Los Angeles Division of Tourism for disbursement. Action: To place the Council consideration of AB 855 on the agenda as an emergency item. Motion Mayor Bowler, second Benz. The motion carried, noting the absence of Edgerton. Councilmember Reviczky asked that item 8 be removed from this agenda and placed on a future agenda following the March 26, 1996, State Primary election at which a two percent increase in the Utility User Tax ballot measure was to be submitted to the voters for approval. Mr. Reviczky noted that the contract bids were valid for 90 days, and if the increase were approved by the voters, the contract could be approved at that time. Action: To remove item 8, "DOWNTOWN STREETSCAPE - LOWER PIER AVENUE CONSTRUCTION", award of contract, until after the Special Election of March 26, 1996, and apprise consultants of delay. Motion Reviczky, second Benz. The motion carried, noting the dissenting vote of Oakes and the absence of Edgerton. PROCLAMATION: PRESENTED TO BEACH CITIES HEALTH DISTRICT & CALIFORNIA YOUTH TO YOUTH ALLIANCE, INC. FOR THE STAYIN' ALIVE YOUTH TO YOUTH CONFERENCE WEEK OF FEBRUARY 10, 1996 Mayor Bowler read the Proclamation and presented it to Charlotte Lesser, representing the Beach Cities Health district. Ms. Lesser thanked the Mayor and the Council, said this was young people planning for young people and urged anyone interested to join. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Tony Rennert - 48 Seventh Street, #2, expressed his concerns regarding the road and sewer construction currently being done on Hermosa Avenue; said that temporary "no parking - tow away - 6:00 A.M. to 6:00 P.M." signs had been placed up that took away 250 parking spaces; questioned why the signs said 6:00 A.M. when construction did not start until 8:00 A.M.; spoke of the difficulty this posed for residents of the area; (Mayor Bowler and City Manager Stephen Burrell responded to his questions); Roger Bacon - 1100 Pacific Coast Highway, questioned the implementation of the removal of the four percent UUT; said California Water Service had removed the tax but Southern California Edison had not; suggested that there should have been a date certain for removing the tax; (City Manager Burrell responded to his questions); and, Fahad Dahdah - Strawberry Patch Cafe owner, asked the Council to remove the restrictions, placed by the Planning Commission, on his request for live entertainment. (b) WRITTEN COMMUNICATION 1)Letter from Kenneth Conklin, Antonia Taylor and Maria Aurora Del Rio dated January 8, 1996 regarding vacation of parts of Lots 57, 58, 60, 61 and 62 of Tract No. 451. Coming forward to address the Council on this item were: Kenneth F. Conklin - 501 Fourth Street, spoke to his letter and said that both the City and the residents would benefit by vacating this property. Action: Mayor Bowler directed, with the consensus of the Council, that staff examine this matter and report back to Council. Councilmember Edgerton arrived at 7:33 P.M. At 7:34 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 (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (h) Oakes. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on January 9, 1996. Action: To approve the minutes of the Regular Meeting of January 9, 1996 as submitted. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5322 THROUGH 5328 INCLUSIVE, NOS. 5528 THROUGH 5533 INCLUSIVE, AND NOS. 5541 THROUGH 5602 INCLUSIVE, NOTING VOIDED CHECK NOS. 5537 THROUGH 5540 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1995 FINANCIAL REPORTS: 1)Investment report; and, 2)City Treasurer's report. Action: To receive and file the December, 1995, Financial Reports as presented. (e) RECOMMENDATION TO EXTEND EXISTING TOWING CONTRACT WITH FRANK SCOTTO'S TOWING FOR ANOTHER 3-YEAR PERIOD AND AUTHORIZE THE REQUESTED RATE INCREASES FOR THESE TOWING SERVICES. Memorandum from Police Chief Val Straser dated January 16, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Police Chief Straser responded to Council questions and said that the minimum charge was one hour with 15 minute increments thereafter, and he said the average cost for redeeming an impounded vehicle was 127. City Manager Burrell responded to Council questions and said that this was a service contract, the City did not pay for the vehicle towing, and that with the 30 day cancellation clause it was, in effect, a month-to-month contract. City Attorney Michael Jenkins said this contract extension did not have to go out to bid as the Council was just approving a rate increase. Action: To approve the staff recommendation to extend the existing towing contract with Frank Scotto's Towing of Torrance for an additional three year period, to end on December 8, 1998. And, to approve the rate increases from 65 per hour to 69.50 per hour for towing passenger cars, additional labor and dolly charges; from 100 per hour to 109.75 per hour for towing vehicles over one ton; and, from 32.50 to 34.25 for night vehicle release. And, noting the correction on page six, Section 7, of changing 7:00 p.m. to 7:00 a.m. to 7:00 a.m. to 7:00 p.m. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated January 16, 1996. Claimant:Joseph R. Beaulieu Date of Loss: 10/13/95 Date Filed:01/11/96 Allegation: Alleges that a City employee was at fault for automobile accident resulting in property damage to claimant's vehicle. Action: To approve the staff recommendation to deny the claim and refer it to the City's liability claims administrator. (g) RECOMMENDATION TO WAIVE PARKING FEES AND TIME LIMITS FOR METERS ALONG PIER AVENUE FROM MANHATTAN AVE. TO THE PIER AND ON HERMOSA AVENUE BETWEEN 8TH AND 16TH STREETS DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 18, 1996 FROM 7:00 AM TO 12:00 NOON. Memorandum from Community Resources Director Mary Rooney dated January 16, 1996. Action: To approve the staff recommendation to waive the parking fees and time limits for meters along Pier Avenue (from Manhattan Avenue to the Pier) and on Hermosa Avenue between 8th and 16th Streets during the Sand and Strand Run on Sunday, February 18, 1996 from 7:00 A.M. until 12:00 noon. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 1/16/96. Supplemental letter from Fahad Dahdah, "Strawberry Patch" owner, dated January 19, 1996. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. City Attorney Jenkins said that the Council had two options tonight: 1) to receive and file the Planning Commission action minutes or, 2) to remove an item for Council review at a future meeting. Mr. Jenkins continued by saying that the Council could not take an action on a removed item tonight nor take public testimony on a removed item tonight, and, could only hear public comments if the comments referred to another item that had not been removed by the Council. Action: To remove CUP 95-14, the "Strawberry Patch", which is number 8, in section III of the action minutes from the Planning Commission meeting of January 16, 1996, for review of the limit of hours and of the term "theme entertainment" by the Council at a future meeting. This action was requested by Councilmembers Benz and Edgerton and by Mayor Bowler. Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, asked that the Council review "Club Sushi" as well; said that the environmental negative impact reports were not appropriate for these liquor related items due to the cumulative effect of so many liquor establishments in the area; and, Craig Cogswell - Strand and Third Street, asked if there would be a vote of the Council when the item returned. (He was told there would be a vote recorded at that time.) (i) RECOMMENDATION TO APPROVE AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER. Memorandum from Mayor Pro Tempore Oakes and Councilmember Reviczky dated January 18, 1996. Action: To approve the First Amendment to the Employment Contract with City Manager Stephen R. Burrell as follows: 1.Section 2 of the agreement is amended by amending paragraph a) thereof to read: a)The salary compensation of MANAGER as City Manager shall be Ninety-six Thousand Three- hundred Twenty-two Dollars (96,322) per annum. Compensation thereof shall be made in equal payments twice a month consistent with employee payroll periods of CITY. 2.Section g) is hereby added to the agreement to read as follows: g)The CITY shall pay up to 3,750 as a match for the MANAGERs participation in one of the CITYs deferred compensation programs. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (h) 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 8:52 P.M. The meeting reconvened at 9:10 P.M. and went to Municipal Matters. PUBLIC HEARINGS 4.TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING DEFINITION OF HOTEL/MOTEL. Memorandum from Community Development Director Sol Blumenfeld dated January 17, 1996. (This item was heard at 7:34 P.M.) Community Development Director Blumenfeld presented the staff report and responded to Council questions saying that there was a 90 day limitation to a stay in order to keep the hotel from becoming apartments. The public hearing opened at 7:44 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned how the City could be sure to collect all of the bed tax from the proposed hotel on the Strand. (Community Development Director Blumenfeld responded that the C.C. & R.s would contain provisions that would allow audits.) The public hearing closed at 7:45 P.M. Action: To introduce Ordinance No. 96-1148. Motion Benz, second Reviczky. The motion carried, noting the dissenting vote of Edgerton. Final Action: To waive further reading of Ordinance No. 96-1148, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF "HOTEL" AND "MOTEL"." Motion Benz, second Reviczky. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 5.TEXT AMENDMENTS TO SECTION 7-6.2 AND ARTICLE VI SECTION 7-6 OF THE MUNICIPAL CODE REGARDING WAIVER OF UTILITY UNDERGROUNDING REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated January 16, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:59 P.M. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, said he was a proponent of undergrounding, but failed to see the rationale of just undergrounding to the corner of the lot when the poles would still remain on the streets; said that 95 percent of the undergrounding cost was running the conduit down the street to allow pole removal; and, John Burt - 1152 Seventh Street, spoke in favor of undergrounding. The public hearing closed at 8:05 P.M. Action: To introduce Ordinance No. 96-1149, as amended in Section 1 to change the wording in Section 11-4.2 and Section 11-4.6 from 40,000 to fifty percent (50%) of the value of the existing structure and to change Section 7- 1.3 to Section 107.1, and to direct staff to prepare a Municipal Code Amendment relative to requirements for installation of new service panels with capability for service feed from top and bottom of the panel to accommodate future underground of electrical service.. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1149, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 11 SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS." Motion Edgerton, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None At 8:22 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 6.1994-95 ANNUAL FINANCIAL STATEMENTS AND AUDIT REPORTS Memorandum from Finance Director Viki Copeland dated December 19, 1995. (Continued from the meeting of January 9, 1996) Finance Director Copeland presented the staff report and responded to Council questions. Ms. Copeland said that Hermosa Beach was the only city in the South Bay with an increase in assessed value, that sales tax had increased eight percent and that staff agreed with all of the recommendations made by the auditors. Public participation opened at 9:15 P.M. As no one came forward to address the Council, public participation closed at 9:15 P.M. a.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1994-95, INCLUDING REPORT FROM INDEPENDENT AUDITOR. b.RECOMMENDATION TO MANAGEMENT FROM INDEPENDENT AUDITOR. Action: To approve the staff recommendation to receive and file the reports. Motion Reviczky, second Oakes. The motion carried by a unanimous motion. 7.SOUTH PARK - ROLLER HOCKEY FACILITY AND PROGRAMMING. Memorandum from Community Resources Director Mary Rooney dated January 16, 1996. Supplemental memorandum from the Community Resources Department dated January 23, 1996. Community Resources Director Rooney presented the staff report, responded to Council questions and said there would be no bleachers for the rink at this time but it was planned that there would be some time in the future. Public participation opened at 9:20 P.M. Coming forward to address the Council was: Dan Joyce - representing Rollerblades, said that he was very excited to be working with Hermosa Beach and with Mary Rooney on this project. Public participation closed at 9:21 P.M. Action: To approve the staff recommendation to: 1)Accept contribution from Gravity Research, Inc. and Rollerblade of funds and construction services to build a 160' x 80' Roller Hockey Rink, team boxes and scorer's bench at South Park (valued at 40,000); 2)Direct City Attorney to draft an agreement between the City and Gravity Research/Rollerblade; 3)Receive and file the skate and roller hockey program recommendations; and, 4)With the direction to staff to return during budget deliberations with an appropriate use for the funds generated by use of the roller hockey rink. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 8.DOWNTOWN STREETSCAPE - LOWER PIER AVENUE CONSTRUCTION. Memorandum from Public Works Director Amy Amirani dated January 16, 1996. This item was removed from the agenda at the start of the meeting and was scheduled to be brought back after the voters had made a determination on the proposed two percent increase in the UUT at the March 26, 1996, State Primary election. 9.VENDOR CARTS. Memorandum from City Manager Stephen Burrell dated January 18, 1996. City Manager Burrell presented the staff report, responded to Council questions and referred to programs used by neighboring cities. Public participation opened at 9:47 P.M. Coming forward to address the Council was: Steve Mouton - 3310 Manhattan Avenue, President of Mozart Coffee & Specialty Espresso, suggested to the Council that his proposal for a vending cart at the Pier head be used as a pilot program to evaluate the amount of business or any potential problems generated if the City decides to license vending carts. Public participation closed at 9:49 P.M. ACTION: To send this item to the Downtown Business Area Enhancement District Commission for its recommendation. Motion Reviczky, second Oakes. The motion carried by a unanimous vote 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a)Consideration by the Council to approve opposition to AB 855. This item was added to the agenda as an urgency matter by Council vote at the start of the meeting. Mayor Bowler explained the concept of the bill which would assess businesses for "tourism" with the funds administered by the City of Los Angeles, saying that it would be difficult for funds so administered to be of help creating tourism in Hermosa Beach. Action: To appoint Mayor Bowler to voice the Council's opposition to AB 855 at the January 27, 1996, protest meeting. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether they are meeting the City Council's goals. (Continued from meetings of December 12, 1995 and January 9, 1996.) Councilmember Benz spoke to his request. Action: To re-examine the Planning Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Bowler. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, suggested that Hermosa Beach get a power cleaner of the type that Redondo Beach has in order to clean the sidewalks and the Pier; and, agreed with Councilmembers Benz and Edgerton that three people on the Planning Commission should be replaced. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 23, 1996 at the hour of 10:05 P.M. to Regular Meeting of Tuesday, February 13, 1996 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 Tuesday, February 13, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Charlotte Lesser ROLL CALL: Present: Benz, Edgerton, Reviczky, Mayor Bowler Absent: Oakes ANNOUNCEMENT: Mayor Bowler announced the birth of Councilmember Julie Oakes' daughter, Geneva Haley Oakes, on Thursday, February 8, 1996, and extended the Council's congratulations and best wishes to the Oakes family. PRESENTATIONS: OUTSTANDING EMPLOYEE AWARD JAMES SANDUS Mayor Bowler read the presentation and presented a plaque to Jim Sandus as the Outstanding Employee for the second quarter of Fiscal Year 1995-96 for his dedicated service and attention to detail as shown in the vastly improved maintenance of the City's medians and said that he was a credit to the Public Works Department. In addition Mr. Sandus was presented with his 20 year pin and was commended for his attendance record with only one absence in two years. Mr. Sandus thanked everyone for the award. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, asked that Councilmember Edgerton's item (14a), regarding a limit on the number of alcohol establishments in an area, be moved up as there were two items on tonight's agenda (items 4 and 8) and four others that would come before the Planning Commission soon; Hal Berger - 68 14th Street, agreed with Mr. Lissner; John Burt - 1152 Seventh Street, said that the item on the hotel/motel should move forward as the City needed the revenue; and, Carl Driesler - Beach Cities Health District, spoke of the Health District campaign to have people switch to 1 percent or skim milk and presented tee-shirts and posters to the Council. (b) WRITTEN COMMUNICATION - None 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: (e) Mayor Bowler and (g) Benz. Motion Reviczky, second Benz. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. No one came forward to address the Council on items not removed from the consent calendar. Mayor Bowler directed, with the consensus of the Council, that item 8 would be moved up on the agenda to be heard after the last public hearing, item 5. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on January 18, 1996; and, 2)Minutes of the Regular meeting held on January 23, 1996. Action: To approve the minutes of the Special Meeting of January 18, 1996 and the Regular Meeting of January 23, 1996 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5608 THROUGH 5778 INCLUSIVE, NOTING VOIDED CHECK NOS. 5608 THROUGH 5611 INCLUSIVE. Action: To ratify the check register 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) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated January 30, 1996. Action: To approve the staff recommendation to deny the following claims and refer to the Citys Liability Claims Administrator: (Oakes absent) 1)Claimant:Joseph Kozma Date of Loss: 10/8/95 Date Filed:1/29/96 Allegation: Alleges violation of civil rights. 2)Claimant:Judy Miller Date of Loss: 10/8/95 Date Filed:1/29/96 Allegation: Alleges violation of civil rights. (e) RECOMMENDATION TO APPROVE LOCAL GOVERNMENT COMMISSION CONFERENCE ATTENDANCE FOR COUNCILMEMBER BENZ AND APPROVE REIMBURSEMENT OF AUTHORIZED EXPENSES. Memorandum from City Manager Stephen Burrell dated January 30, 1996. This item was removed from the consent calendar by Mayor Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve seminar attendance for Councilmember Benz and approve reimbursement of authorized expenses. And, to direct staff to return with Municipal Code changes that would allow per diem advances to be used as needed during conference attendance, up to the maximum allowed and with proper expense receipts, rather than 50 only per day Motion Mayor Bowler, second Reviczky. The motion carried, noting the absence of Councilmember Oakes. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 1/17/96. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission Meeting Of January 17, 1996. (Oakes absent) (g) RECOMMENDATION TO ACCEPT AS COMPLETE THE SEWER AND STORM DRAIN VIDEO INSPECTION REPORT PREPARED BY NATIONAL PLANT SERVICES, INC. AND DIRECT STAFF TO PREPARE AN ORDINANCE TO REQUIRE ALL NEW RESTAURANTS TO INSTALL A GREASE TRAP. Memorandum from Public Works Director Amy Amirani dated February 1, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the projected sewer replacement in the next five years. Public Works Director Amirani responded to Council questions and said that the analysis was not complete at this time as the video had shown previously unknown problem areas. Action: To approve the staff recommendation to: 1)accept as complete the report prepared by National Plant Services, Inc., available at the Public Works Department; 2)direct staff to prepare an ordinance to require all new restaurants to install a grease trap; and, 3)direct staff to investigate the possible purchase of a Hydroflush machine if it would be more cost effective than renting one. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF 2/7/96. Action: To receive and file the action minutes from the Downtown Business Area Enhancement District Commission Meeting Of February 7, 1996. (Oakes absent) (i) RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR DECEMBER, 1995. Action: To receive and file the December, 1995, Revenue and Expenditure reports as presented. (Oakes absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1148 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF 'HOTEL' AND 'MOTEL'." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 25, 1996. Action: To adopt Ordinance No. 96-1148. Motion Reviczky, second Benz. AYES:Benz, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT: Oakes (b) ORDINANCE NO. 96-1149 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 11, SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 25, 1996. Action: To adopt Ordinance No. 96-1149. Motion Edgerton, second Benz. AYES:Benz, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT: Oakes 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (g) 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.REVIEW OF THE PLANNING COMMISSION APPROVAL, WITH MODIFICATIONS REGARDING HOURS AND TYPE OF ENTERTAINMENT, OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT AND DANCING IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE, "STRAWBERRY PATCH CAFE". Memorandum from Community Development Director Sol Blumenfeld dated February 9, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:43 P.M. Coming forward to address the Council on this item were: Sheila Donahugh Miller - 77 17th Street, disagreed with the Council's right to hear this item; said that it should go back to the Planning Commission; said the business owner got what he had asked for; spoke of an increase in crime and said the additional sales tax from alcohol establishments did not pay for the Police patrol; Robert Luthardt - 1403 Manhattan Avenue, said he lived within the 300 foot radius of the Strawberry Patch and noise has not been a problem; said that the applicant had not requested an 11:00 P.M. closing time and asked the Council to approve the additional hours of operation; and, Patricia Spiritus - 1610 Strand, spoke of the difficulty in making a living from a business; said a business owner must provide good service or else he/she would not stay in business; said alcohol was controlled by another jurisdiction. The public hearing closed at 7:51 P.M. Action: To allow the public hearing to be reopened. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, said the Conditional Use Permit goes with the land, not the business owner, and could be changed with a new owner to a very intensive nightclub; said the new wave in the downtown area was a crime wave, showed a chart and submitted information detailing police reports showing the concentration of incidents of crime to that area; Fahad Dahdah - Strawberry Patch owner, said his business was not for sale but he had acquired a new partner, said he will do everything possible to cut noise from the business and said that he was not bordered by residential areas but by commercial uses; Tony Petz - Strawberry Patch partner, agreed with Mr. Dahdah. The public hearing closed at 8:59 P.M. Proposed Action: To limit the owner's responsibility for unruly conduct to only those standing in line to get in. Motion Benz. The motion died due to the lack of a second. City Attorney Michael Jenkins responded to Council questions. Action: To adopt Resolution No. 96-5789, entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING A PLANNING COMMISSION ACTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT, TO ALLOW ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING RESTAURANT AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT 1332 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 10, 11 AND 13, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT." Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. 5.ADOPTION OF THE 1994 EDITION OF THE UNIFORM ABATEMENT OF DANGEROUS BUILDINGS CODE. Memorandum from Community Development Director Sol Blumenfeld dated February 1, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions saying this Ordinance was needed as an Urgency Ordinance. The public hearing opened at 8:20 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:20 P.M. Action: To introduce Ordinance No. 96-1150 as an urgency Ordinance. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. Further Action: To waive further reading of Ordinance No. 96-1150, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE 'UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION,' PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AMENDING PROCEDURES FOR NUISANCE ABATEMENT AND SEISMIC STRENGTHENING OF UNREINFORCED MASONRY BEARING WALL BUILDINGS, AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes Final Action: To adopt Ordinance No. 96-1150 as an urgency ordinance. Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes At 8:22 P.M. the order of the agenda was suspended to go to item number 8. MUNICIPAL MATTERS 6.MID-YEAR BUDGET REVIEW. Memorandum from Finance Director Viki Copeland dated February 8, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 11:22 P.M. Seeing no one come forward to address the Council on this item, public participation closed at 11:22 P.M. Action: To approve the staff recommendation to approve revisions to estimated revenue, appropriations, budget transfers and fund balances. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. 7.CLARK FIELD MASTER PLAN PHASE I: PARKING AND ENTRYWAY. Memorandum from Community Resources Director Mary Rooney dated January 29, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:20 P.M. Coming forward to address the Council on this item were: Robert Aronoff - Parks, Recreation and Community Resources Advisory Commission, said that the conceptual plan approved by the Commission addressed the needs of the Park for additional parking, seating, and better vehicle traffic flow by creating eleven new parking spaces and creating an exit on Valley Drive; Brian Mitchell - Parks, Recreation and Community Resources Advisory Commission, created the new parking plan for Clark Field, said this provided an entry identity for the field that it had not had as well as providing better vehicle access; responded to Council questions; John Hales - 624 Eighth Place, said he did not like the plan or the seating area at the entry; said this was a team sport park and did not need the extra seating; expressed concern that the exit on Eleventh Street was too close to the stop sign; Ron Zaragoza - 1120 21st Street, Little League, said he wanted parking instead of seating; said there had not been a problem with cars parking along the north wall and they wanted the parking left in that location. Public participation closed at 10:46 P.M. Proposed Action: To give conceptual approval, with modifications, to the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the conceptual plan for the northeast section and parking lot at Clark Field and ask that it be returned to Council with modifications to downgrade the tot lot area and seating, provide emergency vehicle access to the field, and provide a traffic flow report regarding the new exits on Eleventh street and Valley Drive and to continue to allow parking by the north wall in the interim. Motion Reviczky, second Mayor Bowler. The motion failed due to the dissenting votes of Edgerton and Benz and the absence of Oakes. Proposed Action: To allow parking in the area by the north wall by placing railroad ties on the ground to maintain a legal turning radius and to deter vehicles from driving on the field and damaging the irrigation system. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. There was no further action taken on this item. At the hour of 11:20 P.M. the order of the agenda went to item number 6. 8.REQUEST FROM BEACH MARKET, INC. FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" FOR ABC OFF-SALE GENERAL LICENSE. Memorandum from City Manager Stephen Burrell dated February 5, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:25 P.M. Hal Berger - 68 14th Street, submitted information regarding his opposition to granting a determination of public convenience for an off- sale general alcohol license to Beach Market; said he lived 30 feet from the market and the sale of alcohol would interfere with the quiet enjoyment of his residence; Jim Lissner - 2715 El Oeste Drive, spoke in opposition; said that the correct term was "public convenience and necessity" so both findings would have to be made and questioned if another alcohol establishment was a necessity as there were many others in the area; showed his chart regarding police report incidents and asked the Council not to make the determination of public convenience; Sheila Miller - 77 17th Street, spoke in opposition; said there was no need for another liquor store in the area; said there were Already empty beer bottles in nearby Noble Park; John Burt - 1152 Seventh Street, spoke in support of the Council making the determination to allow the Beach Market to sell alcohol; Danny Eckerson - 1432 Hermosa Avenue, spoke in opposition; said he lived in the downtown area and there was a noise problem late at night and a trash problem during the day; said there were enough liquor stores in the area and asked that the Council try to get more retail businesses in the area; Tina Marie Raguso - 1432 Hermosa Avenue, spoke in opposition; said the Council was not looking at the whole picture; said she had lived in Hermosa all of her life and could remember the hardware store, clothing stores and bakery that now housed bars; spoke of noise, trash and extreme parking problems from the downtown activities. Patricia Spiritus - 1610 Strand, suggested that the store be allowed to sell alcohol as it was not the only item to be sold but just an additional item to be sold; and, Steve and Selena Douglas - owners of the Beach Market, submitted information stating that they would have the only off-sale liquor outlet between 14th Street and 22nd Street, said that they agreed to stop selling liquor at 8:00 P.M. Public participation closed at 8:58 P.M. Police Captain Michael Lavin responded to Council questions and said that there was no increase in crime statistics for the past three years, and there had been a crime decrease in many areas. City Attorney Jenkins responded to Council questions and said that the finding of "public convenience or necessity" was in the disjunctive and did not need to meet both findings. Action: To grant notice to the Alcohol Beverage Commission (ABC) that the City Council had determined that the issuance of an off-sale general alcohol license for Beach Market, Inc. is a "public convenience" with the addition of standard Conditional Use Permit conditions of no loitering, littering or graffiti and that parking hours must be posted. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes.. The meeting recessed at 9:20 P.M. The meeting reconvened at 9:42 P.M. and went to item 9. 9.ST. PATRICK'S DAY PARADE AND FESTIVAL: MARCH 16, 1996. Memorandum from Community Resources Director Mary Rooney dated February 7, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:45 P.M. Travers Devine - St. Patrick's Day Parade Co- Chairperson, said the community response to the first parade last year was amazing; spoke of plans for this year that would include a longer parade route, a second stage and enlarged fair booth sites; said that he expected the parade to last one to one and a quarter hours, estimated the crowd would be approximately 10,000 people and requested funds to provide remote parking shuttle busses; Mark Conte - Parade Coordinator, said that the parade route must be free of vehicular traffic for the safety of both the participants and the on-lookers; and, Jim Dewey - Downtown Business Area Enhancement District Commission, said the Commission would like all of the money advanced from its funds to go to publicity and promotion. Public participation closed at 10:05 P.M. Action: To approve the Downtown Business Area Enhancement District Commission and staff recommendation to : 1)Approve the contract with the South Bay St. Patrick's Day Committee and authorize the Mayor to sign the contract on behalf of the City; 2)Approve the street closure request from the South Bay St. Patrick's Day Committee to close Valley Drive from Eighth Street to Pier Avenue, Pier Avenue from Valley Drive to the Strand, and west side of Hermosa Avenue from Pier Avenue to Second Street from 7:00 A.M. until 1:00 P.M. on Saturday, March 16, 1996, for the parade; 3)Approve the street closure of Pier Avenue from Hermosa Avenue to the Strand, Hermosa Avenue from Pier Avenue to 14th Street, and 13th Street from Hermosa Avenue to Parking Lot entrance from 7:00 A.M. to 7:00 P.M. for the vendor booths; 4)Approve the allocation of 5,000 from the Downtown Business Area Enhancement District Commission fund; and, 5)Approve providing a 2,000 allocation from Prop A Transportation Funds to pay for shuttle bus service from Mira Costa High School. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Reviczky and the absence of Oakes. At the hour of 10:20 P.M. the order of the agenda went to item number 7. 10. EQUIPMENT REPLACEMENT FUND. Memorandum from City Manager Stephen Burrell dated February 7, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)Approve the creation of the Equipment Replacement Fund and direct the City Manager to charge all departments beginning 1996-97 fiscal year; 2)Approve the transfer of 250,000 from 6% UUT Fund balance, 85,090 from Lighting & Landscape District Fund balance, 95,000 from Sewer Fund and 355,714 from Fire Protection Fund to cover past amortization of equipment used by each fund and direct staff to return with any ordinance amendments necessary to implement the program; and, 3)Approve the purchase of three (3) 1995 Chevrolet Caprice Police Patrol Sedans and two (2) 1996 Ford Ranger Compact Trucks for a total cost of 94,178. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. 11. TEXT AMENDMENT TO ALLOW PRIVATE SPONSORSHIP OF DECORATIVE STREET BANNERS, INCLUDING IDENTIFICATION OF SPONSOR ON THE BANNER. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the Downtown Business Area Enhancement District Commission and staff recommendation to introduce Ordinance No. 96-1151. Motion Reviczky, second Benz. The motion carried, noting the absence of Councilmember Oakes. Final Action: To waive further reading of Ordinance No. 96-1151, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. " Motion Benz, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FROM PLANNING COMMISSION TO CONDUCT A JOINT MEETING BETWEEN CITY COUNCIL, DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION AND PLANNING COMMISSION. Memorandum from Planning Commission dated January 28, 1996. Proposed Action: To receive and file the request. Motion Reviczky, second Mayor Bowler. The motion failed due to the dissenting votes of Benz and Edgerton and the absence of Oakes. Proposed Action: To set a date for a joint meeting of the City Council with the Planning Commission and the Downtown Business Area Enhancement District Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. Action: To direct staff to set a date for a joint meeting of the City Council with the Downtown Business Area Enhancement District Commission. Motion Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action : Mayor Bowler directed, with the consensus of the Council, that staff return with an item that would start the process for appointment or re-appointment of the expired terms on the Downtown Business Area Enhancement District Commission for the regular meeting of February 27, 1996. 14. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Councilmember Edgerton to direct staff to report back on a method to limit the number of alcohol permits in designated areas of the City. Action: To direct staff to return with a non- discriminatory method to limit the total number of on- sale alcohol permits in designated areas of the City. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. b)Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether it is meeting the City Council's goals. Action: To hold a joint meeting with the Planning Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. c)Request from Councilmember Benz for consideration of an employee incentive program. Councilmember Benz spoke to his request and said that if an employee had an idea that would save money for the city they should receive a bonus of a portion of the money saved. Action: To direct staff to develop an incentive program for City employees. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. CITIZEN COMMENTS Coming forward to address the Council at this time was: Gene Dreher - 1222 Seventh Place, concerned that Hermosa Avenue , south of the Pier, was signed with tow-away, no-parking from 7:00 A.M. to 5:00 P.M., from Thursday through the following Monday; said that to deny residents street parking on the week-end, when no construction was being done, was wrong; suggested that the Council implement a policy that requires that the denial of resources to the residents, such as street parking, must be signed off by a department head in order to have a responsible party to explain such denial. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 1996 at the hour of 12:15 A.M. to the Regular Meeting of Tuesday, February 27, 1996 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 Tuesday, February 27, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Bill Dougherty, Arts Hermosa ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT: Mayor Bowler announced that tonights meeting would be adjourned in memory of Hank Doerfling, former Mayor and Councilmember, Improvement Commissioner and California Coastal Commissioner, who died February 23, 1996, after a year-long battle with lymphoma cancer. Mr. Doerfling was 59 years old and is survived by his wife, Elaine, Hermosa Beach City Clerk, and their five children, and will be missed by all who knew him. PRESENTATIONS: FOLLOW-UP REPORT FROM FirstNIGHT Bill Dougherty of Arts Hermosa spoke of the success of the second FirstNight in which over 300 artists had performed at 35 venues. Mr. Daugherty said that the event was attended by more than 10,000 people and had cost 125,000 to produce. He continued with a recap of the publicity for the event, submitted information and gave signs for street routing and tee-shirts to be presented to staff helpers. 1% MILK CAMPAIGN PRESENTATION AND TASTE TEST CONDUCTED BY THE BEACH CITIES HEALTH DISTRICT Carl Driesler and Charlotte Lesser of the Beach Cities Health District presented a milk taste test by asking the Council to try to determine which type of milk they were tasting between whole milk, two percent milk, one percent milk and skim milk. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time were: (b) WRITTEN COMMUNICATION - None At 7:42 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 (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz and (g) Reviczky. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on February 13, 1996. Action: To approve the minutes of the Regular Meeting of February 13, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5534 THROUGH 5536 INCLUSIVE, NOS. 5603 THROUGH 5607 INCLUSIVE, NOS. 5779 THROUGH 5790 INCLUSIVE, AND NOS. 5816 THROUGH 5949 INCLUSIVE, NOTING VOIDED CHECKS NOS. 5797 THROUGH 5815 INCLUSIVE AND NOS. 5872 AND 5947,. AND TO APPROVE CANCELLATION OF CHECK NOS. 5498, 5718, 5791 AND 5150 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 1996 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding Fire Department overtime costs. City Manager Burrell responded that those costs were due to paramedic training which was now completed. Action: To receive and file the January, 1996 Financial Reports as presented. Motion Benz, second Oakes. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S AGENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER ASSISTANCE ACT OF 1988. Memorandum from Public Works Director Amy Amirani dated February 14, 1996. Action: To adopt Resolution No. 96-5794, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S AGENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER ASSISTANCE ACT OF 1988." (f) RECOMMENDATION TO ADOPT RESOLUTION REQUESTING THE ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS IN THE AMOUNT OF 60,779 FOR MAINTENANCE OF SELECTED STREETS. Memorandum from Public Works Director Amy Amirani dated February 14, 1996. Action: To approve the staff recommendation to: 1)adopt Resolution No. 96-5791, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS.", which requests the allocation and payment of County Aid to Cities fund in the amount of 60,779 for maintenance of selected streets; and, 2)revise the estimated revenue from the County Aid to Cities from 89,499 to 60,779; revise the appropriation of 28,720 in County Aid to Cities funding with sewer funds for CIP 141. (g) RECOMMENDATION TO ADOPT RESOLUTION OF SUPPORT FOR THE L.A. COUNTY PARKS, BEACH AND RECREATION ACT OF 1996. Memorandum from Community Resources Director Mary Rooney dated February 20, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 96-5792, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1996.", which: 1)supports the Los Angeles County Park, Beach and Recreation Act of 1996; and, 2)requests the inclusion of an allocation of 2.48 million for the Hermosa Beach Pier and Waterfront Project as a proposed specific project in the ballot measure. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting vote of Benz. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 2/20/96. Action: To approve the staff recommendation to receive and file the Action Minutes from the Planning Commission meeting of February 20, 1996. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1151 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 20, 1996.. Action: To adopt Ordinance No. 96-1151. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d) and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS: 4.AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF A PARKING PLAN FOR A 360 SQUARE FOOT MEZZANINE ADDITION; CONDITIONAL USE PERMIT AMENDMENT FOR A SEATING/FLOOR PLAN CHANGE, INCLUDING THE ADDITION OF A SUSHI BAR, TO AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1200 HERMOSA AVENUE, CLUB SUSHI. Memorandum from Community Development Director Sol Blumenfeld dated February 21, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions and said that it was both legal and customary for one person to appeal a project. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, said that six people had contributed financially to the appeal; said that the notice for the Planning Commission meeting was insufficient as the posted signs had been torn down; said there was a cumulative impact due to the increase in the number of bars downtown that should be considered in the E.I.R.; questioned the parking impact and if the City could enforce the seating limits; showed a chart of incidents of crime with a concentration in the downtown area and said this would increase due to greater liquor consumption; and, Sheila Miller - 77 17th Street, said there were stairs going up both sides of the room to the mezzanine but no outside fire escape exits from that level; spoke of the potential liability to the City if the plan is approved; said the same owners also owned "Shark's Cove" which has caused noise problems to residents, so prior conduct of the owners should be considered. The public hearing closed at 8:00 P.M. Action: To: 1)deny the appeal and sustain the Planning Commission approval of the Parking Plan and Conditional Use Permit Amendment; and, 2)adopt Resolution No. 96-5790, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A PARKING PLAN FOR A 360 SQUARE FOOT MEZZANINE ADDITION, AND A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW ON-SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT, AND ADOPTION OF A NEGATIVE DECLARATION, AT 1200 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT." Motion Benz, second Edgerton. The motion carried by a unanimous vote. 5.TEXT AMENDMENT TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION: a.TO MAKE OPEN SPACE REQUIREMENTS A PERCENTAGE OF LOT SIZE (10%) RATHER THAN 400 SQUARE FEET MINIMUM ON LOTS 2500 SQUARE FEET OR LESS. b.TO ALLOW ALL OPEN SPACE TO BE ON DECKS ON SMALL LOTS (2100 SQUARE FEET OR LESS). Memorandum from Community Development Director Sol Blumenfeld dated February 21, 1996. Community Development Director Sol Blumenfeld 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 introduce Ordinance No. 96-1152 as amended to modify the exception for lots of 2,500 square feet or less. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Reviczky and Mayor Bowler. Final Action: To waive further reading of Ordinance No. 96-1152, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE R-1 DEVELOPMENT STANDARDS, SECTION 4-3(12) OF THE ZONING ORDINANCE, TO MAKE THE AMOUNT OF OPEN SPACE A PROPORTION OF LOT SIZE (10%) AND TO MODIFY THE EXCEPTION FOR LOTS OF 2500 SQUARE FEET OR LESS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Edgerton, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 6.SPECIAL STUDY AND TEXT AMENDMENT REGARDING PARKING LOCATION ON ALL RESIDENTIAL LOTS AND ADDING OPEN SPACE OVERLAY (OS-O) TO ZONING ORDINANCE; ZONING PORTIONS OF PUBLIC RIGHT-OF-WAYS ABUTTING STRAND FRONTING CORNER LOTS (WHEN VACATED) TO OPEN SPACE OVERLAY ZONE; AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions. The public hearing opened at 8:50 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:50 P.M. Action: To introduce Ordinance No. 96-1153 as amended on page one, Section 1, Section 1157 (F), to read, "Open parking spaces for residential uses in the Open Space Zone (OS-O) shall be located only..." and as amended on page two, Section 2, Sec. 9.53-2, Prohibited Uses: to delete Flag Poles as a prohibited use. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1153, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS-O) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS, AND IMPOSING THE PROPOSED OS-O ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A, ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Reviczky, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Proposed Action: To have Councilmembers Oakes and Reviczky work on a settlement for the East side of Beach Drive. Motion Edgerton, second Benz. The motion was withdrawn with the direction to staff to return with a report on the problems involved in reaching an agreement for the East side of Beach Drive for the Regular Meeting of April 9, 1996. Action: To place an urgency item on the end of the agenda that has arisen after the posting of the agenda regarding a Resolution of Intent for the use of the proposed two percent Utility User Tax that will be voted on by the electorate at the March 26, 1996, Special Election. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. The meeting recessed at 8:55 P.M. The meeting reconvened at 9:10 P.M. and returned the order of the agenda to item 1. MUNICIPAL MATTERS - None 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.SB1590 (O'CONNELL) IMPLEMENTING AN EFFECTIVE DATE OF DECEMBER 14, 1995 FOR SUPREME COURT DECISION ON PROPOSITION 62. Memorandum from City Manager Stephen Burrell dated February 21, 1996. City Manager Stephen Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize a letter to Senator Dills and Assemblywoman Bowen urging their support of SB1590. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz.. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS, EXPIRATION OF TERMS. Downtown Business Area Enhancement District Commission - Two terms which expired September 15, 1995. Memorandum from City Clerks office dated February 8, 1996. Supplemental application from Mike Hanlon received February 27, 1996. Action: To approve the staff alternative recommendation number 2, to direct the City Clerk to re-advertise for applicants to the Downtown Business Area Enhancement District Commission on the Easy Reader for March 7 and 15, 1996, with a deadline of March 20, 1996, by 6:00 P.M. and schedule applicant interviews for 6:00 P.M., prior to the regular meeting of March 26, 1996, for appointment later in the meeting. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. ADDED ITEM - URGENCY RESOLUTION OF INTENT. Mayor Bowler read the Resolution. Action: To adopt Resolution No. 96-5793, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, STATING ITS INTENT TO USE THE PROCEEDS OF THE GENERAL UTILITY TAX INCREASE PROVIDED FOR BY PROPOSITION F FOR STREET REPAIRS/IMPROVEMENTS AND FOR PROVIDING SCHOOL CROSSING GUARDS." Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. Councilmember Oakes left the meeting at 9:40 P.M. 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Mayor Bowler for consideration of placing parking meters in the affected downtown zone of Manhattan Avenue and Monterey Blvd. between 8th and 14th streets and allow permit parking for residents. Mayor Bowler spoke to his request. City Manager Burrell responded to Council questions and said that a parking study would be on the agenda of the Regular Meeting of March 12, 1996, that could offer some options that would address this issue. Action: Mayor Bowler directed that this item be continued until after the parking study is heard at the Regular Meeting of March 12, 1996. b.Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether they are meeting the City Council's goals. Councilmember Benz said that this item had been placed on the agenda in error and that he wished it to be withdrawn at this time. c.Request from Councilmember Benz for City Council to meet with the Planning Commission per their request. Letter from Councilmember Benz dated February 22, 1996. Councilmember Benz spoke to his request. Action: To schedule a joint meeting with the Planning Commission for April 30, 1996 at the hour of 7:00 P.M. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LABOR NEGOTIATOR: pursuant to Government Code Section 54957.6 - City Manager Stephen Burrell, negotiating for the City with Teamsters Union, Local 911 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Hank Doerfling on Tuesday, February 27, 1996 at the hour of 9:50 P.M. to the closed session. The closed session convened at the hour of 10:04 P.M. At the hour of 10:35 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: The City Council provided direction to city Negotiator Stephen Burrell regarding labor negotiations with Teamster Union, Local 911. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 27, 1996 at the hour of 10:36 P.M. to the Regular Meeting of Tuesday, March 12, 1996 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 Tuesday, March 12, 1996, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Jim Dewey, Downtown Business Area Enhancement District Commissioner ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Bowler Absent: Benz ANNOUNCEMENT: Mayor Bowler announced that the second annual St. Patrick's Day Parade would be held Saturday, March 16, 1996, starting at 11:00 A.M. at the intersection of Valley Drive and Pier Avenue, proceeding west on Pier Avenue to Hermosa Avenue and then south to Second street. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Jim Lissner - 2715 El Oeste Drive, said that he and ten other people had appealed three Planning Commission approvals of alcohol related business in the downtown area that would be heard at the City Council meeting of April 9th; and encouraged anyone who was concerned with the concentration of taverns in that area to call him at 376-4626. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky, (f) Edgerton, (h) Oakes, (l) Reviczky and (m) Reviczky. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. 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 held on February 27, 1996. Supplemental memorandum and amended page 9040 from City Clerk's Office dated March 12, 1996. This item was removed from the consent calendar by Councilmember Reviczky at the request of the City Clerk's Office for separate discussion later in the meeting. Action: To approve the minutes of the Regular Meeting of February 27, 1996 as amended on page 9040, item 1(e) to show the adoption of a Resolution. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 6103 THROUGH 6281 INCLUSIVE, NOTING VOIDED CHECK NO. 6170. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING THE CONTINUED UTILIZATION OF THE SOUTH BAY PRIVATE INDUSTRY COUNCIL FOR DELIVERY OF LOCAL JOB TRAINING PROGRAMS. Memorandum from Personnel Director Robert Blackwood dated February 29, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5795, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING LOCAL GOVERNANCE OF JOB TRAINING PROGRAMS BY THE SOUTH BAY PRIVATE INDUSTRY COUNCIL." (Benz absent) (e) RECOMMENDATION TO SET WORKSHOP DATES OF THURSDAY, MAY 23, 1996 AND THURSDAY, JUNE 6, 1996 AT 7:00 PM FOR REVIEW OF THE 1996-97 BUDGET. Memorandum from Finance Director Viki Copeland dated February 29, 1996. Action: To approve the staff recommendation to set the dates of Thursday, May 23, 1996, and Thursday, June 6, 1996 at the hour of 7:00 P.M. for review of the Fiscal Year 1996-97 budget. (Benz absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 21, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to question the Commission's request for procedural direction. Community Resources Director Mary Rooney responded to Council questions. City Manager Stephen Burrell also responded to Council questions. Action: To bring back the Park, Recreation and Community Resources Advisory Commission's Master Plan for the parking area at Clark Field for a full Council decision, as there had been no action taken due to a tie vote when the item had been heard at the meeting of February 13, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 21, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. (g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 11 IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated February 29, 1996. 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 Free Clinic and the City for the use of Room 11 in the Community Center at a rate of 372 per month (400 sq.ft. X .93 per sq.ft.) from April 1, 1996 through June 30, 1996, and at the rate per month in accordance with policy at that time from July 1, 1996 through March 31, 1997 for an estimated total rental income of 4,464; and, 2)authorize the Mayor to sign the lease. (Benz absent) (h) RECOMMENDATION TO APPROVE THE PRIORITY LIST FOR PARK AND RECREATION FACILITY CIPS AND THE PARK MASTER PLANNING PROCESS. Memorandum from Community Resources Director Mary Rooney dated March 4, 1996. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Action: To approve the staff recommendations of: 1)the priority list for park and recreation facility CIPs; and, 2)the park master planning process as outlined by staff, with the Council additions of: a)without the initial plans and drawings; b)an evaluation of the use the areas are receiving now to determine if it is appropriate to the area, such as the soccer games held every week-end at Valley Park; c)tree trimming on the Greenbelt without over- pruning the trees; and, d)an evaluation of the paving material used down the center of the Greenbelt to determine if the chips now used are a good running surface or if they cause people to make alternate paths. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. (i) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES CONTRACT TO GILLS AND ASSOCIATES ARCHITECTS TO PREPARE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS FOR CITY COUNCIL CHAMBER REMODEL, CITY HALL REMODEL AND ADA REQUIREMENTS IN THE AMOUNT OF 42,790.00 AND AUTHORIZE PUBLIC WORKS DIRECTOR TO ALLOW MINOR CHANGES WITHIN THE BUDGETED AMOUNT. Memorandum from Public Works Director Amy Amirani dated March 4, 1996. Action: To approve the staff recommendation to: 1)award the professional services contract to Gills and Associates Architects to prepare construction documents and specifications for City Council chamber remodel, City Hall remodel and ADA requirements, in the amount of 42,790; and, 2)authorize the Director of Public Works to allow minor changes within budget. (Benz absent) (j) RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT DURING FY 1996-97. Memorandum from Public Works Director Amy Amirani dated March 5, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5796, 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 OF 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, 1996 AND ENDING JUNE 30, 1997, HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 1996-1997." (Benz absent) (k) RECOMMENDATION TO APPROVE REQUEST FROM SOUTH BAY COALITION FOR A ONE (1) MONTH EXTENSION TO LEASE ROOM 4 IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN AMENDMENT. Memorandum from Community Resources Director Mary Rooney dated March 5, 1996. Action: To approve the staff recommendation to: 1)approve the one month extension to the lease agreement between South Bay Coalition and the City of Hermosa Beach for Room 4 in the Community Center for an amount of 742 (798 sq.ft. X .93); and, 2)authorize the Mayor to sign the amendment. (Benz absent) (l) RECOMMENDATION TO APPROVE EASEMENT AGREEMENT GRANTING LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHTS OF INGRESS AND EGRESS TO THEIR RECENTLY INSTALLED OBSERVATION WELL LOCATED AT 24TH STREET AND THE GREENBELT. Memorandum from Public Works Director Amy Amirani dated March 5, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. City Manager Steve Burrell responded to Council questions. Action: To approve the staff recommendation to authorize the Mayor to execute and the City Clerk to attest the easement agreement which grants the Los Angeles County Flood Control district rights of ingress and egress to its recently installed observation well located at 24th Street and the Greenbelt, with the direction to staff to examine and delete, if possible, the additional agreements with the Rotary Club and the Independent Cities Lease Finance Authority. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF MARCH 6, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Action: To have the Parks, Recreation and Community Resources Advisory Commission share responsibility for Class III and Class IV events that relate to activity in the downtown area with the Downtown Business Area Enhancement District Commission. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To receive and file the action minutes of the Downtown Business Area Enhancement District Commission for the regular meeting of March 6, 1996, without approval of item 4.2. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. CONSENT ORDINANCES a.ORDINANCE NO. 96-1152 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE R-1 DEVELOPMENT STANDARDS, SECTION 4-3(12) OF THE ZONING ORDINANCE, TO MAKE THE AMOUNT OF OPEN SPACE A PROPORTION OF LOT SIZE (10%) AND TO MODIFY THE EXCEPTION FOR LOTS OF 2500 SQUARE FEET OR LESS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 4, 1996 and memorandum requesting clarification of previous Council action from Community Development Director Sol Blumenfeld dated March 5, 1996. Community Development Director Blumenfeld presented his request for clarification and responded to Council questions. Action: To: 1)send this item back to the Planning Commission with direction to draft an Ordinance that applies to lots of 2,100 square feet or less, but to allow up to a ten percent margin for administrative decision in certain justifiable cases; and, 2)direct the Planning Commission to study the policies of other cities to determine the effect of a ten percent open space requirement for all R-1 lots. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. (b) ORDINANCE NO. 96-1153 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS-O) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS, AND IMPOSING THE PROPOSED OS-O ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A, ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 4, 1996. Action: To adopt Ordinance No. 96-1153. Motion Reviczky, second Oakes. AYES:Edgerton, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a), (f), (h), (l), and (m) 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 At 8:07 P.M. the order of the agenda was moved to item 6. MUNICIPAL MATTERS 4.1996 SPECIAL EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 4, 1996. Supplemental memorandum from Community Resources received March 12, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions saying that staff was encouraging event applicants to expand into the downtown area and that an off-site shuttle was requested for crowds of 5,000 or over. City Council asked that only spokespersons for new events come before the Council. Public participation opened at 9:09 P.M. Coming forward to address the Council was: Eric Blanchard - Jose Cuervo Amateur Volleyball Tournament, said this was the eleventh year of this event and the Hermosa tournament would be for the championship with the winners crowned in Hermosa Beach; said the beach concert was being sponsored by "Rolling Stones" magazine and the bands sought were not too well known and would be for younger, new-age listeners; said they anticipated a crowd of 1,000-3,000 for the Volleyball tournament and approximately 1,000 for the concert; said they could provide audio tapes of the groups for the Council's approval. Action: To: 1)approve the Event Productions - Jose Cuervo Amateur Volleyball Tournament for July 20-21, 1996; and, 2)give conceptual approval for the beach concert with final approval contingent on the parking and security agreements and on the bands to play at the concert. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. Continuing to come forward to address the Council was: Dale Hoffman - Spike-It-Up, spoke of his event and said there was no anticipation of a need for VIP parking. Public participation closed at 9:35 P.M. Action: To approve the Spike-It-Up Amateur Volleyball Tournament for September 7-8, 1996 and authorize the Mayor to sign the contract. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the following events and authorize the Mayor to sign the appropriate contracts: 1)WPVA - Women's Pro Volleyball Tournament: May 3-5, 1996; 2)CE Sport - 4-Man & 4-Woman Pro Volleyball Tournament August 16-18, 1996; and, 3)AVP - Hermosa Beach Volleyball Championships August 23-25, 1996; Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. 5.DOWNTOWN CIRCULATION AND PARKING STUDY. Memorandum from Community Development Director Sol Blumenfeld dated March 4, 1996. City Manager Burrell presented the staff report and responded to Council questions. Community Development Director Blumenfeld also responded to Council questions. Public participation opened at 9:40 P.M. Coming forward to address the Council on this item were: John Kulpa - Corve Engineering, said the study had involved a five-year future use projection that showed little increase in the traffic pattern; said a signal was needed at the Valley/Ardmore and Pier intersection; responded to Council questions; and, Rick Choate - Walker Parking Consultants, spoke of the parking shortage and said that a parking structure would not provide enough to meet needs; said that street parking should be at a higher rate than lot parking to encourage long- term parking in the lots in order to free-up street parking for short-term use. John Burt - 1152 Seventh Street, said it was better to have parking structures on both lots so that more people could come to Hermosa; Jim Lissner - 2715 El Oeste Drive, spoke of crime figures in the downtown area; questioned why DUI arrests for Hermosa had declined while those for Manhattan had increased dramatically; questioned if a new signal , at a cost of 125,000, was needed for the intersection of Hermosa Avenue and 14th Street or if stop signs would be as effective; suggested that a traffic signal at the Valley/Ardmore and Pier intersection could make dramatic changes in the traffic patterns along those streets and felt that more study was need to determine the total impact; and, Jim Dewey - 711 Manhattan Avenue, said that street parking in the downtown area was better suited to people who had tasks or errands that required short-term parking, but said there was not enough parking in the downtown. Public participation closed at 10:25 P.M. Action: To approve the staff recommendation to: 1)Receive and file study; 2)Direct staff to proceed with processing the Downtown Implementation Plan and amendment to the Circulation Element of the General Plan; and, 3)Direct staff to extend hours of enforcement of Preferential Parking Program between 8th and 14th Streets on Manhattan Avenue and meet with residents on proposed program changes, with the addition of direction to staff to: a)extend the hours of enforcement for the entire preferential parking program; and, b)consider a year-round versus seasonal program. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. 6.DOWNTOWN BANNER PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated March 6, 1996. Community Development Director Blumenfeld responded to Council questions, said it was not the intention for the City to advance any funds toward this project. City Manager Burrell also responded to Council questions. Public participation opened at 8:11 P.M. Coming forward to address the Council on this item were: Vince Pavelock - Synthesis Graphic Design, gave a slide presentation of the designs shown to the Downtown Business Area Enhancement District Commission and of its selection; said the total cost for the banners would be 28,000 to 30,000 or approximately 300 per double sided banner which would remain up for six months; responded to Council questions; Jim Dewey - Downtown Business Area Enhancement District Commission, said the Commission had given conceptual approval for the final design; said the Commission and the Chamber of Commerce would sell the required number of banners or the project would not be undertaken; said the Commission had pledged 8,000 from its advertising budget for the project. Public participation closed at 8:42 P.M. Action: To approve the staff recommendation to: 1)adopt Resolution No. 96-5797, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A DOWNTOWN STREET BANNER PROGRAM PURSUANT TO SECTION 3-3.10 OF THE MUNICIPAL CODE.2; and , 2)proceed with the banner program, with the direction to staff to: a)delete the "Crossroads" theme; and, b)ensure that the sponsorship type size is the same as that used in El Segundo, Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. The meeting recessed at 8:52 P.M. The meeting reconvened at 9:07 P.M. and returned the order of the agenda to item 4. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Edgerton to discuss setting up a system wherein the City would give back a percentage of business license fees based upon sales tax payout. Councilmember Edgerton requested that this item be continued to the Regular Meeting of March 26, 1996, for full Council discussion. b.Request from Councilmember Edgerton to implement conflict of interest ordinance by utilizing draft ordinance provided by City Attorney Michael Jenkins. City Attorney Michael Jenkins responded to Council questions and said that the draft ordinance was modeled after those used in other cities, with modifications by his office. Action: To bring this item back on the agenda of April 9, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jim Lissner - 2715 El Oeste Drive, expressed concern with the proposed hotel on the Strand and the collection of the correct amount of the Transient Occupancy Tax by the City; asked if the Finance Department could check with the tax auditors to determine if there has been any problem elsewhere with time-shares on the collection of this tax. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code 54956.9(a), Existing Litigation: Carrillo v. City of Hermosa Beach: Case No. YC020233, Superior Court - Torrance ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 10:45 P.M. to the closed session. The closed session convened at the hour of 10:56 P.M. At the hour of 11:15 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 12, 1996 at the hour of 11:15 P.M. to the Adjourned Regular Meeting of Tuesday, March 26, 1996 at the hour of 6:00 P.M. for the purpose of conducting Downtown Business Area Enhancement District Commission applicant interviews, to be followed by the Regular Meeting 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 Tuesday, March 26, 1996, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Jim Gierlich, resident ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT: Mayor Bowler reminded the viewing audience that today was an Election Day and the polls would be open until 8:00 P.M. and urged anyone who had not voted to exercise that privilege. Mr. Bowler then thanked the voters for giving him the opportunity to serve as Mayor of Hermosa Beach and said that it had been an exciting time to be the Mayor as the City had dedicated two new parks and had allowed him to preside over both FirstNIGHT and the St. Patricks Day Parade. He thanked his fellow Councilmembers, City staff and his family with special thanks to his daughter, Jennifer. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: Memorandum from City Clerk Elaine Doerfling dated March 19, 1996. A.Designate Mayor for a term ending January 14, 1997. Action: To designate Julia Oakes as Mayor for a term ending January 14, 1997. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. B.Designate Mayor Pro Tempore for a term ending January 14, 1997; Action: To designate J. R. Reviczky as Mayor Pro Tempore for a term ending January 14, 1997. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. Newly elected Mayor Oakes assumed her seat as chair of the meeting and presented a plaque of appreciation to outgoing Mayor Bowler saying that he had diligently devoted his time to represent the City, had kept the meetings on track, and had provided strong and consistent leadership. Mayor Oakes thanked Mr. Bowler, on behalf of his fellow Councilmembers for his time well served. Councilmember Benz added his thanks. C.Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Oakes to the Los Angeles County - City Selection Committee. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To appoint Mayor Oakes to the South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Reviczky as alternate director. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To appoint Mayor Oakes as delegate to the Inglewood Fire Training Authority, and Mayor Pro Tempore Reviczky as alternate. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Final Action: To approve the list of delegates and alternates for City committees as amended above and with the following appointment changes: 1)Mayor Pro Tempore Reviczky as delegate to the Beach Cities Committee (in place of Edgerton); 2)Councilmember Benz as delegate to the South Bay Juvenile Diversion Project (in place of Reviczky); 3)Mayor Pro Tempore Reviczky as alternate to the South Bay Juvenile Diversion Project (in place of Benz); and, 4)with the deletion of the following temporary sub-committees: a)Beach Concerts; b)Lifeguard Negotiations; and, c)Mixed Use. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Mayor Oakes spoke of the true spirit of cooperation and respect that prevailed on the Council in spite of moments of public banter and said she was proud of the accomplishments of the City which had excellent schools, great public safety departments and a beautiful location. Ms. Oakes said she hoped to continue with safety programs, expand on enrolling volunteers for emergency relief programs, maintain the upgrade to the shopping and commercial areas, and continue the City's help with cultural programs. And, she stressed the role of improving the communication of the City with the public both through the City Council and through the Commissions. Mayor Oakes thanked everyone for the opportunity to serve, with special thanks to her husband, Lee, her parents and her new daughter, Geneva. RECESS: The meeting recessed at the hour of 7:40 P.M. RECONVENE: The meeting reconvened at the hour of 7:55 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Kelly Ress - 131 Monterey Blvd., asked the Council to consider building a skateboard rink as skateboarders were not allowed to skate in the rink at South Park; said the City had built a roller hockey rink and it was not fair to deny skateboarders a place to skate; said the Police told skateboarders where they could not skate but did not say where they could skate; said a skateboard park would keep kids out of trouble by allowing them a place to skate without being where they should not be and could be signed "Use at Your Own Risk" to cut down on liability to the City; Mike Sliff - 854 Bard, spoke in support of a skateboard park; said the liability would be no greater than the roller hockey rink that the City had approved; said the skateboarders would help to build the park and help to raise the money; said the unused parking lot above South Park would be a good location; felt that providing a roller blade rink but not a skateboard rink was discriminatory; Jay Sheldon - 236 Tenth Street, said it would be good for the City to allow a skateboard park as that would keep kids from skateboarding where they are not supposed to skate such as the sidewalks and the streets; said the Constitution provided the people with the right to life, liberty and the pursuit of happiness, and that being allowed to skateboard made all of the skateboarders very happy; Rodney Mullen - 1738 Manhattan Avenue, said he held the World Championship in Freestyle Skateboarding from 1980 to 1992 and has owned a skateboard company for the past seven years; said that skateboarding has taken him all over the world and that he has been in skateboard parks in Russia, Canada and Australia; said that the skateboarders were good kids and needed a place to skate, that all it would take were a few plywood structures, not elaborate steel or concrete rinks, to provide a place for them to skate; Jack Davis - 596 19th Street, said he felt that the City should let skaters do tricks at South Park as long as they were not on the hockey rink and asked the Council to build a skateboard park for them; Jim Lissner - 2715 El Oeste Drive, requested that the Council appeal the Planning Commission approval of Patrick Malloy's Steak House (noted in item 1(i)) in order to save the developer two weeks time before he appealed the project; and, John Burt - 1152 Seventh Street, asked that item 1(h) be removed from the consent calendar; and spoke of safety issues regarding the Olympic Torch Run shown in item 1(e). Councilmember Reviczky spoke of the vandalism to South Park that had caused the ban on skateboarding in the park. Action: To direct the Parks, Recreation and Community Resources Advisory Commission to consider an appropriate location for a skateboard park and to consider amending the Hermosa Beach Municipal Code as it pertains to skateboarding. Motion Reviczky, second Benz. The motion carried by a unanimous vote. (b) WRITTEN COMMUNICATION - None At 8:14 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 (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Bowler and (h) Reviczky at the request of John Burt. Motion Benz, second Reviczky. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on March 12, 1996. Action: To approve the minutes of the Regular Meeting of March 12, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5791 THROUGH 5796 INCLUSIVE, NOS. 5950 THROUGH 5962 INCLUSIVE, NO. 6102, AND NOS. 6282 THROUGH 6286 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 1996 FINANCIAL REPORTS: 1)Revenue and expenditure report; 2)City Treasurer's report; and, 3)Investment report. Action: To receive and file the February, 1996 Financial Reports as presented. (e) RECOMMENDATION TO APPROVE STREET CLOSURES AND CHALK ART FESTIVAL EVENT FOR THE OLYMPIC TORCH RUN APRIL 27, 1996. Memorandum from Community Resources Director Mary Rooney dated March 19, 1996. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to alert the public to this event and to encourage everyone to attend. Community Resources Director Rooney said she wished to publicly thank Vasek Polak for his check to underwrite this event and to thank the volunteers with Arts Hermosa for their time and effort. Action: To the staff recommendation to: 1)approve street closures and chalk art festival event for the Olympic Torch Run from 10:00 to 10:15 P.M., on April 27, 1996, including: a)the street chalk art work of Timothy Morgan Steele who, with a crew of four, will work for two days prior to the 27th to create the "Olympic Spirit" as a movable 20 by 24 work of art; and, b)participation by Hermosa students in chalk artwork on the sidewalks at Pier and Hermosa Avenues with medals given to participants; c)the Mira Costa High School Band at 8:00 P.M. on April 27, 1996; d)five torch runners along Hermosa Avenue: from the Manhattan boundary to 25th street, at 19th Street, at Pier Avenue and at Fifth Street; and, 2)receive and file the report. And, with the additional direction to the committee to explore the possibility of a musical event or street dance in conjunction with the torch run and art show. Motion Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS. Memorandum from Personnel Director Robert Blackwood dated March 18, 1996. Action: To adopt Resolution No. 96-5798, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS." (g) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM CONTAINING THE PLANNING COMMISSION'S SUGGESTED TOPICS FOR DISCUSSION AT THE JOINT MEETING SCHEDULED FOR APRIL 30, 1996. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1996. Action: To receive and file the memorandum containing the Planning Commission's suggested topics for discussion at the joint meeting scheduled for April 30, 1996, at the hour of 7:00 P. M. The topics consist of: 1)Downtown business mix; 2)off- sale alcohol in the downtown area; 3)parking impacts upon the residential areas around the downtown; and, 4)overall goals for the City and Pacific Coast Highway development (h) RECOMMENDATION TO ACCEPT A DONATION OF 830.00 FOR THE PURPOSE OF ACQUIRING A BENCH FOR NOBLE PARK SITE. Memorandum from Public Works Director Amy Amirani dated March 21, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, at the request of John Burt. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, spoke in opposition to accepting a bench for Noble Park as it would promote drinking beer or liquor in the park; suggested that the City install a water drinking fountain instead. Action: To accept the donation of Dr. Albert Ackroyd in the amount of 830 to enable the City to acquire a five foot teak wood bench (Smith Hawken's "Gloucester Bench") for Noble Park. Motion Bowler, second Benz. The motion carried by a unanimous vote. City Manager Burrell responded to Council questions. Proposed Action: To have the City purchase additional benches for the Park at this time. Motion Edgerton. The motion died due to the lack of a second. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 19, 1996. Action: To receive and file the action minutes from the Planning commission meeting of March 19, 1996.. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (h) 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.ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO- FAMILY RESIDENTIAL ZONE, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 330 & 342 ARDMORE AVENUE (THE SOUTHEAST CORNER OF ARDMORE AVENUE AND 4TH STREET) AND INCLUDING 615 3RD STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item were: Ben Agarwal - representing the property owner, said the present body shop owner/tenant was retiring and wished to develop the land for residential property; said he had a title guarantee and that the question involved an easement not a boundary question; responded to Council questions; Susan Scott - 603 Third Street, said that she was the neighbor involved in the easement negotiation regarding a common driveway and a garage, and that as long as the matter was settled as the negotiations indicated it would be, she had no objection to the project; and, John Burt - 1152 Seventh Street, expressed concerns regarding the former Railroad right-of-way. The public hearing closed at 8:24 P.M. Action: To introduce Ordinance No. 96-1154. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: To direct staff to return at some future time with a report regarding re-zoning the remaining M-1 property in the area to R-2, noting: 1)that this was not a high priority item; and, 2)that all affected property owners be notified. Motion Bowler, second Reviczky. The motion carried without objection. Final Action: To waive further reading of Ordinance No. 96-1154, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT 330 AND 342 ARDMORE AVENUE AND INCLUDING 615 THIRD STREET (THE SE CORNER OF ARDMORE AVENUE AND FOURTH STREET) AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Bowler, second Edgerton. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None