********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 13, 1998, at the hour of 7:13 P.M. PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent: Mayor Edgerton (arrived at 7:53 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Benz said that he has received many favorable comments on the Hermosa Avenue median strips. Councilmember Reviczky read a letter from the "Good Shepherd Shelter" expressing appreciation for the Christmas gifts received from the Beach Cities Toy Drive and explaining how joyfully these gifts had been received by both the children and their mothers. PRESENTATIONS: PRESENTATION BY BROWNING-FERRIS INDUSTRIES OF "AMERICA RECYCLES DAY" PRIZES TO WINNERS FROM HERMOSA BEACH Chip Scholz, representing Browning-Ferris Industries, spoke of the recent competition and introduced Albert Robles who presented plaques and police jackets made from a material created from recycled soda bottles to the winners of the local competition, Chelsea Larkin and Kevin Unger. Mr. Robles also commended their teacher Dee Strange for her efforts in recycling for many years. Photo opportunities were supplied by the appearance of "Mobius", the recycling mascot, as Mr. Robles explained that November 15, 1997, was the first of an annual "America Recycles Day" that will emphasis the need not only to recycle but also to purchase products made from recycled materials. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Joanne Edgerton - representing the Hermosa Beach Education Foundation, a non-profit organization that provides extra funding for Hermosa Beach schools, announced that the major fund-raiser for the Foundation would be a Valentine's Dinner/Dance held at the Torrance Hilton on Friday, February 13, 1998, at a cost of $190 per couple with tickets available through the schools or by calling 374-0193. (b) COUNCIL COMMENTS - None (c) 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: (b) Bowler and (f) Reviczky. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. At 7:30 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on December 9, 1997; and, 2) Minutes of the Regular Meeting held on December 23, 1997. Action: To approve the minutes of the Regular Meeting of December 9, 1997 (noting clerical corrections to the Resolution numbering), and the Regular Meeting of December 23, 1997, as presented. (Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12233 THROUGH 12534 INCLUSIVE, NOTING VOIDED CHECK NOS. 12272, 12431 AND 12515, AND TO APPROVE CANCELLATION OF CERTAIN CHECKS, NOS. 6858, 11747, 12293, 12297, 12317 AND 12407, AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to question check number 12377 regarding maintenance work in the downtown area and to ask staff for a status on the needed corrections measures. City Manager Stephen Burrell responded that there should be an item on the agenda of the next meeting, January 27, 1998, giving the status of the corrective measures. Mayor Edgerton arrived at 7:53 P.M. Action: To ratify the check register as presented. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the November, 1997, Financial Reports as presented. (Mayor Edgerton absent) (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director /Risk Manager Michael Earl dated December 30, 1997. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1) Claimant: Arlene R. Herrick Date of Loss: 10/16/97 Date Filed : 11/12/97 Allegation : Claimant alleges that curb located at Hermosa & Pier Avenues caused her to trip and fall sustaining bruises; 2) Claimant: Unispec Construction, Inc. Date of Loss: 12/03/97 Date Filed : 01/05/98 Allegation : Claimant alleges monetary damages resulting from cancellation of contract with the City for construction of the lower Pier Avenue Project. (Mayor Edgerton absent) (f) RECOMMENDATION TO RECEIVE AND FILE UPDATE ON CITY RESPONSE TO CABLE RATE INCREASE FROM JULY 1, 1997. Memorandum from Assistant City Manager Mary Rooney. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To direct staff to draft a letter to Congress urging the Federal Communication Act of 1992 be amended to allow satellite dish companies to broadcast local television station coverage (channels 2 through 13) in order to provide true competition to cable companies, and to file a protest. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR DISCRETIONARY REGIONAL FUNDS FOR THE RECONSTRUCTION OF BIKEWAY AND PEDESTRIAN PATH ON THE STRAND FROM 24th STREET TO THE NORTH CITY LIMIT. Memorandum from Public Works Department dated December 22, 1997. Action: To approve the staff recommendation to adopt Resolution No. 98-5898, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." (Mayor Edgerton absent) (h) RECOMMENDATION TO APPOINT A SUBCOMMITTEE OF COUNCILMEMBERS JOHN BOWLER AND J. R. REVICZKY TO MEET WITH PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSIONER ROBERT ARONOFF AND REPORT BACK TO THE CITY COUNCIL. Memorandum from City Manager Stephen Burrell dated January 6, 1998. Action: To approve the staff recommendation to appoint a subcommittee of Councilmembers John Bowler and J. R. Reviczky to meet with Parks, Recreation and Community Resources Commissioner Robert Aronoff and report back to the City Council. (Mayor Edgerton absent) (i) RECOMMENDATION TO ADOPT RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1998. Memorandum from City Treasurer John Workman dated December 22, 1997. Action: To approve the staff recommendation to adopt Resolution No. 98-5899, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1998." (Mayor Edgerton absent) (j) RECOMMENDATION TO APPROVE INCREASE OF FUNDS IN THE AMOUNT OF $831.00 FROM THE SEWER FUND FOR INCREASE IN CONSTRUCTION COST PROVIDED BY W.A. RASIC CONSTRUCTION ON THE SANITARY SEWER REHABILITATION PROJECT. Memorandum from Public Works Department dated December 17, 1997. Action: To approve the staff recommendation to approve an increase of funds in the amount of $831.00 from the Sewer Fund for an increase in construction cost on the Sanitary Sewer Rehabilitation Project provided by W.A. Rasic Construction. (Mayor Edgerton absent) (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 19, 1997. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 19, 1997. (Mayor Edgerton absent) (l) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 17, 1997. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 17, 1997. (Mayor Edgerton absent) (m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from City Manager Stephen Burrell dated January 8, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5900, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT ASSOCIATION.", with the negotiated major changes included of: 1.Term: July 1, 1997 through June 30, 2000 2.Salary: 4% increase retroactive to 7/1/97 4% increase 7/1/98 4% increase 7/1/99 (Mayor Edgerton absent) 2. CONSENT ORDINANCES (a) ORDINANCE NO. 98-1175 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES." Memorandum from City Clerk Elaine Doerfling dated December 10, 1998. Action: To waive full reading and adopt Ordinance No. 98-1175. Motion Reviczky, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton (b) ORDINANCE NO. 98-1176 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 2.24 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION." Memorandum from City Clerk Elaine Doerfling dated December 10, 1998. Action: To waive full reading and adopt Ordinance No. 98-1176. Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b) and (f) 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 Councilmember Oakes said that her home was located on one of the streets (Ava Avenue) listed in the Ordinance for policy determination in Item 4, and asked the City Attorney for an opinion on her potential conflict of interest. City Attorney Michael Jenkins responded that he had not had time to read the Ordinance and could not comment until he had done so. At the hour of 7:31 P.M. the order of the agenda was moved to item 5. 4. TEXT AMENDMENT TO INCORPORATE POLICY STATEMENTS INTO ZONING ORDINANCE. Memorandum from Community Development Director Sol Blumenfeld dated January 6, 1998, with an Ordinance for introduction and waiver of full reading. Supplemental memorandum from Community Development Director Sol Blumenfeld dated January 12, 1998, with a replacement page 5 for the report (page two of the Ordinance). City Attorney Jenkins said that there was a potential conflict of interest for Councilmember Oakes in Section 4, Number 2, of the Ordinance and that she could not participate or vote on that portion, or on the Ordinance as a whole if that portion were included, however she could participate in other portions of the Ordinance if taken separately. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:43 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:43 P.M. Action: To approve Section 4, Numbers 1, 3 and 4 of the Ordinance. Motion Bowler, second Reviczky. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton Further Action: To approve Section 4, Number 2 of the Ordinance. Motion Reviczky, second Bowler. AYES: Bowler, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: Oakes Final Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1179, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS." Motion Bowler, second Reviczky. AYES: Bowler, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: Oakes At the hour of 7:46 P.M., the order of the agenda now went to item 6. 5. TEXT AMENDMENT TO EXTEND THE DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM SIXTY (60) TO NINETY (90) DAYS. Memorandum from Community Development Director Sol Blumenfeld. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:33 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:33 P.M. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1178, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17, TO EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60 TO 90 DAYS." Motion Reviczky, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton At the hour of 7:35 P.M., the order of the agenda was returned to item 4. 6. LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND APPROVAL FOR 1998-99. Memorandum from Community Development Director Sol Blumenfeld dated January 5, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:48 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:48 P.M. Action: To approve the staff recommendation to approve by minute order the expenditure of the Fourth Year 1998-99 Block Grant estimated allocation of $132,969, to be combined with previous allocation funding, for the removal of architectural barriers to the disabled. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton. At the hour of 7:50 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS 7. PROPOSAL FOR TRAFFIC STUDY OF 6th AND 8th STREETS AND ARDMORE AVENUE WEST OF PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated January 6, 1998. Councilmember Reviczky declared a potential conflict of interest due to living within the area of discussion and left the dais and the room at the hour of 7:58 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 8:04 P.M. Coming forward to address the Council on this item were: Scott Alden - 646 Sixth Street, said that Sixth Street eastbound traffic was too heavy, therefore just banning westbound traffic would not solve the problem; requested that the street be closed to all through traffic; and, Michael Schwartz - 632 Eighth Street, said that closing Sixth Street would divert traffic to neighboring streets; asked that a neighborhood intrusion study be undertaken and that any changes made be for a definite trial time period with a mandatory review at the end of the time. Public participation closed at 8:08 P.M. Action: To postpone a decision until there is a revised cost estimate for individual smaller studies that could include: 1.Full closure of 6th Street west of Learned Lumber driveway; 2.Limit 6th Street to eastbound one-way traffic flow; and, 3.Closure of 6th Street west of commercial lot depth. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Reviczky. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. OIL PROJECT - REVIEW OF THE HAZARD ANALYSIS. Memorandum from City Manager Stephen Burrell dated January 8, 1998. Councilmember Benz left the dais and the room at 8:10 P.M. due to living within the project area. Councilmember Reviczky remained out of the room due to living within the project area. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions by saying that if the project was determined not to be safe it would not go forward. Mr. Jenkins also explained that the question of the E.I.R. was not before the Council tonight and suggested that the Council let the project go before the Coastal Commission and deal with the question of a consultant only if the project receives Coastal Commission approval. Public participation opened at 8:15 P.M. Coming forward to address the Council on this item were: Rosamond Fogg - 610 Sixth Street, submitted information and read from the letter submitted; said that a new E.I.R. was needed as new information regarding safety concerns have arisen that were not addressed in the previous E.I.R.; Nancy Reviczky - 600 Ardmore Avenue, spoke in opposition to oil drilling and expressed her concerns regarding safety issues; Scott Alden - 646 Sixth Street, said he would not stay in Hermosa Beach if the oil project was approved; Ken Conklin - 501 Fourth Street, expressed his support for a new E.I.R.; George Sacks - 225 Valley Drive, said that the City should not push for the oil project as it was not the will of the people; Charlie Cheatham - 548 Second Street, concerned with safety issues; asked the Council to re-study the project in light of new information; and, Karen White - 2540 Ardmore Avenue, said that she would leave the City if the oil project was approved. Public participation closed at 8:35 P.M. Action: To direct staff to move forward with a proposal for a consultant and report back to the Council after a determination is made by the Coastal Commission. Motion Bowler, second Mayor Edgerton. The motion carried, noting the dissenting vote of Oakes and the absence of Benz and Reviczky. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL - None Councilmember Reviczky returned to the dais at 8:48 P.M. CITIZEN COMMENTS Coming forward to address the Council at this time were: Michael Schwartz - 632 Eighth Street, questioned why the Council was discussing the oil project as the vote of the people was to ban oil drilling throughout the City; said he would urge the Council to conduct a subsequent E.I.R. Florence Sacks - 225 Valley Drive, spoke against the oil project. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8 a) Property: 545 Cypress Avenue Negotiating Parties: Stephen Burrell Betty Ryan Under Negotiation: Price b) Property: 700 block, Pacific Coast Highway: Mar Vista Motel Property Negotiating Parties: Stephen Burrell Under Negotiation: Price & Terms of Payment 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Hermosa Beach Walk Street Homeowners, et al. v. City of Hermosa Beach, et al. Case Number: YC028756 b. Receipt of Claim pursuant to Tort Claims Act or other written communication from Unispec Construction, Inc. threatening litigation (copy available for public inspection in City Clerk's office). Pursuant to Government Code Section 54956.9(C) ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 13, 1998, at the hour of 8:50 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:00 P.M. At the hour of 9:35 P.M. the Closed Session adjourned to the Adjourned 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 13, 1998 at the hour of 9:35 P.M. to the Regular Meeting of Tuesday, January 27, 1998 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 27, 1998, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Joanne Edgerton, resident ROLL CALL: Present: Bowler, Oakes, Reviczky Absent: Benz, Mayor Edgerton (arrived at 7:15 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Oakes opened the meeting and announced that tonight's interview would be with Ocean Lifeguard Garth Canning. (Mayor Edgerton arrived at 7:15 P.M.) Mayor Edgerton, his wife Joanne, and Councilmember Oakes spoke on the upcoming dinner/dance to be held in the Penthouse of the Torrance Hilton on Friday, February 13, 1998, as a fund-raiser for the Hermosa Beach Education Foundation, a non-profit organization dedicated to providing additional funding to Hermosa Beach public schools. Auction items were read by Ms. Oakes and the phone number of 372-1785 was given for information or ticket purchase. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, said that she has waited more than two years for changes in the parking signs and almost as long for the Council Chamber remodel; asked again when these would take place; (City Manager Stephen Burrell responded that the parking changes would be before the Coastal Commission in March and the remodel plans were with the County for approval.); Scott Alden - 646 Sixth Street, read from the "Little Report" and said that new information required the issuance of a subsequent E.I.R.; said that the City should advise Mr. Macpherson now that a new E.I.R. would be required; Harry Smith - Second Street and Valley Drive, spoke of inadequacies of the E.I.R.; said there were not enough safeguards for potential smells and fumes, fires or truck noise and congestion; Roger Bacon - 1100 Pacific Coast Highway, said that the "Vetter Windmill Restoration" fund has accrued more than $10,000; asked former Councilmember Chuck Sheldon to match his contribution of $2,500; and thanked the Public Works staff for the lighting that would remain until the restoration is completed; Virginia Miller - 415 Herondo Street, said that she was appalled by the idea of oil drilling in Hermosa Beach as that would completely destroy the ambiance of the City; Gert Urhausen - 648 Seventh Street, said that she was opposed to oil drilling; said that the Council should re-think its position because drilling is not a good idea; and, Claudia Kliszewski - 634 Ardmore, said the most frightening thing was the possibility of liquefaction resulting from oil drilling that could be catastrophic in the event of an earthquake; said that a new E.I.R. was needed. (b) COUNCIL COMMENTS: Mayor Edgerton asked City Manager Burrell the status of the oil report. Mr. Burrell responded that the proposal for a consultant to review the oil documents would come before the Council after the Coastal Commission decision next week. He also explained the compliance measures that were required before a Coastal Commission permit could be issued. (c) WRITTEN COMMUNICATION: 1. Letter from Robert Woodie dated January 7, 1998 regarding commercial airplane noise and LAX expansion project. Coming forward to address the Council on this item was: Robert Woodie - 430-29th Street, spoke to his letter, said the traffic pattern on take-off is now further south and much lower, and asked the Council what citizens could do to have the noise alleviated. Action: To refer the letter to the LAX Expansion Sub-committee; direct staff to send copies of the letter to the FAA, Assemblywoman Bowen, Supervisor Knabe and Mayor Riordan; and, to advise the citizens to send in more complaint letters. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. 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: (f) Mayor Edgerton and (g) Oakes at the request of Shirley Cassell. Motion Bowler, 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: (1) Minutes of the Regular Meeting held on January 13, 1998. Action: To approve the minutes of the Regular Meeting of January 13, 1998, as presented. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12535 THROUGH 12700, NOTING VOIDED CHECKS NOS. 12631 AND 12666. 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 RECEIVE AND FILE THE DECEMBER, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the December, 1997, Financial Reports as presented. (Benz absent) (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 20, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of January 20, 1998. (Benz absent) (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52295 FOR AN EIGHT (8) UNIT CONDOMINIUM PROJECT AT 1005-1019 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1998. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to question why this type of Resolution comes to the Council when the project is already under construction and near completion. City Manager Burrell responded that the process is required by State law, noting that approval of a final tract map is a ministerial act. Action: To approve the staff recommendation to adopt Resolution No. 98-5901, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #52295 FOR AN EIGHT-UNIT CONDOMINIUM PROJECT LOCATED AT 1005 - 1019 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Edgerton and the absence of Benz. (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52158 FOR COMMERCIAL RESORT CONDOMINIUMS AT 1301 THE STRAND. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1998. Supplemental map from Community Development received January 27, 1998. This item was removed from the consent calendar by Councilmember Oakes (for Shirley Cassell) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said that the final map listed the structure as condominiums and it should be listed as a hotel in order to collect the transient occupancy tax. City Manager Burrell responded to Council questions. City Attorney Michael Jenkins responded that the term "condominium" was not exclusively for residential use as it could be residential or commercial and this structure was a commercial condominium. Mr. Jenkins suggested that the word commercial be inserted on the face of the tract map for clarification. Action: To approve the staff recommendation to adopt Resolution No. 98-5902, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #52158 FOR A COMMERCIAL RESORT CONDOMINIUM PROJECT LOCATED AT 1301 THE STRAND, HERMOSA BEACH, CALIFORNIA.", with the insertion of the word commercial before condominium on the face of the tract map. Motion Oakes, second Mayor Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. 2. CONSENT ORDINANCES (a) Ordinance No. 98-1178, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17, TO EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60 TO 90 DAYS." Memorandum from City Clerk Elaine Doerfling dated January 15, 1998. Action: To waive full reading and adopt Ordinance No. 98-1178. Motion Reviczky, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz (b) ORDINANCE NO. 98-1179 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS." Memorandum from City Clerk Elaine Doerfling dated January 15, 1998. Action: To waive full reading and adopt Ordinance No. 98-1179. Motion Bowler, second Reviczky. AYES: Bowler, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz ABSTAIN: Oakes 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) 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 - None MUNICIPAL MATTERS 4. 1996-97 COMPREHENSIVE ANNUAL FINANCIAL REPORT (INCLUDING REPORT FROM INDEPENDENT AUDITOR), 1996-97 SINGLE AUDIT REPORT. Memorandum from Finance Director Viki Copeland dated January 20, 1998. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:09 P.M. Coming forward to address the Council on this item were: Gary Caporicci - one of the partners in charge of the City audit, said that the financial accounting in Hermosa Beach was well handled, that there was a significant reserve equity, and that the unqualified rating, given to Hermosa Beach, was the highest and best rating that is given; and, John Workman - City Treasurer, said that financially the City was in great shape. Public participation closed at 8:12 P.M. Action: To approve the staff recommendation to receive and file the 1996-97 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, independent auditors for the City, and the 1996-97 Single Audit Report. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. 5. VETERANS' DAY FLAG DISPLAY PROGRAM. Memorandum from City Manager Stephen Burrell dated January 22, 1998. Action: To approve the staff recommendation to: Direct staff to prepare a proposal for consideration during the budget process to have flags displayed on City owned property including light standards on Pacific Coast Highway, Aviation, and Hermosa Avenue; Approve an effort by staff to publicize display of flags through newsletters, etc. and to meet with all groups interested in developing the program; and, 3. appoint Councilmember Reviczky to serve as liaison for the Council with the veteran's groups. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a) Request from Councilmember Bowler to form a subcommittee to begin plans for a millennium celebration. Councilmember Bowler spoke to his request. Action: To select Councilmembers Bowler and Oakes to serve on a sub-committee to begin plans for the millennium celebration. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. 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 LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Name of Case: Hermosa Beach Walk Street Homeowners, et al. v. City of Hermosa Beach, et al. Case Number: YC028756 b. Name of Case: Boyd v. City of Hermosa Beach Names of Claimants: Kit & Valerie Boyd Claim Number: 98-0013 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Management Association ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Juanita Thelan, wife of former Councilmember Quentin Thelan, on Tuesday, January 27, 1998, at the hour of 8:20 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 8:35 P.M. At the hour of 9:00 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 27, 1998 at the hour of 9:00 P.M. to the Regular Meeting of Tuesday, February 10, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 10, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Jean Cullen, resident ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:18 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Edgerton announced the upcoming dinner/dance to be held in the Penthouse of the Torrance Hilton on Friday, February 13, 1998, as a fund-raiser for the Hermosa Beach Education Foundation, a non-profit organization dedicated to providing additional funding to Hermosa Beach public schools. Councilmember Benz commented on the vacancy on the Coastal Commission and was informed that it had been filled. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Scott Alden - 646 Sixth Street, asked the Council to stop the oil project due to its proximity to residences and the potential dangers for his family; and, Teresa Alden - 646 Sixth Street, asked the Council to please stand up for the citizens and protect their safety from possible hazardous conditions related to the oil project. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION - None 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (h) Benz. Motion Benz, second Mayor Edgerton. 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 27, 1998. Action: To approve the minutes of the Regular Meeting of January 27, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12701 THROUGH 12811 INCLUSIVE, NOTING VOIDED CHECK NO. 12765, AND TO APPROVE CANCELLATION OF CHECK NO. 10801 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 APPROVE AN ANNUAL MEMORIAL DONATION PROGRAM FOR PARKS AND RECREATION FACILITIES AND APPROVE THE 1998 ANNUAL PARKS DONATION LIST. Memorandum from Community Resources Director Mary Rooney dated February 3, 1998. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1.approve an annual memorial donation program for parks and recreation facilities; 2.approve the 1998 Annual Parks Donation List consisting of: Park Benches (10) at a cost of $1,600 with a Bronze Recognition Plaque (3"X5"X1/4") - these benches may be placed on the Greenbelt or in Valley Park; Veterans Memorial Flags (unlimited number) at a cost of $80 for the U.S. flag and $20 for the POW flag; Theatre Seats (100 at the Civic Theatre), actual cost to be determined, estimated cost at $300 to $500, proceeds to the HBCCF, with a two inch brass plaque on the left arm of the chair; Trees selected by the City for South Park only, no plaques, at a cost of $300 with a planting ceremony if desired; and, 3.with the understanding that: The City will not be responsible to replace markers and/or plaques if they are damaged or vandalized; and, The City reserves the right to remove any and all equipment and/or recognition markers at anytime. (e) RECOMMENDATION TO APPROVE THE USE OF THE HERMOSA VALLEY PARK SOCCER FIELD FOR LOCAL YOUTH CLUB SOCCER TEAMS SUBJECT TO RENTAL POLICY. Memorandum from Community Resources Director Mary Rooney dated February 2, 1998. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the use of the Hermosa Valley Park Soccer Field for local Youth Club Soccer Teams subject to the following: 1.Field use priority shall be granted to AYSO, Little League and other City recreation activities. 2.Team must be part of a local (open to Hermosa Beach youngsters) youth (under 18) soccer club. 3.Club teams with more than 50% Hermosa Beach youngsters on the roster will be given priority status for field reservations. 4.Team must be part of a registered non-profit organization. 5.The use of nets, goals and/or and methods for lining the field must be pre-approved by the City. 6.Teams must abide by all City rules and regulations regarding the care and use of public facilities. 7.City liability waivers must be signed by the applicant, coaches, and each participant's parent(s). The applicant shall be fully responsible to update City waivers if the roster changes. 8.Fees: $12 per hour with an application fee of $20. (f) RECOMMENDATION TO APPROVE REQUEST FROM UNITED STATES SURFING FEDERATION TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH SOUTH OF THE HERMOSA BEACH PIER, SUNDAY, MARCH 1, 1998 FROM 7AM TO 4:30PM, WAIVE THE PER PARTICIPANT/SPECTATOR FEES, AND APPROVE THE EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated February 2, 1998. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to 1.Approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach south of the Hermosa Beach Pier, Sunday, March 1, 1998 from 7 AM to 4:30 PM; 2.Waive the per participant/spectator fees; and, 3.Approve the event contract and authorize the Mayor to sign. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 21, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of January 21, 1998. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE MANAGEMENT ASSOCIATION. Memorandum from City Manager Stephen Burrell dated January 29, 1998. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Action: To approve the staff recommendation to adopt Resolution No. 98-5903, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE MANAGEMENT ASSOCIATION.", with negotiated major changes of: 1.Term: July 1, 1997 through June 30, 2000; 2.Salary: 6% increase retroactive to 7/1/97; 6% increase 7/1/98; 6% increase 7/1/99; 3.Police Lieutenant will receive a 4% equity adjustment the first year; and, 4.The fiscal impact for this group is $46,839 for the 1997-98 fiscal year. Funding for this was budgeted. Motion Bowler, second Mayor Edgerton. The motion carried, noting the dissenting vote of Benz. (i) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1997 REVENUE AND EXPENDITURE REPORT. Memorandum from Finance Director Viki Copeland dated February 5, 1998. Action: To approve the staff recommendation to receive and file the December, 1997, Revenue and Expenditure report as presented. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(h) was heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:25 P.M., as the time published for the public hearing had not yet arrived, the order of the agenda was suspended to go to item 7 under Municipal Matters. PUBLIC HEARINGS 4. CONSIDERATION OF RETURNING VALLEY DRIVE BETWEEN HERONDO AVENUE AND 2nd STREET TO TWO-WAY TRAFFIC. Memorandum from City Manager Stephen Burrell dated February 3, 1998. Supplemental memorandum from Community Development Director Sol Blumenfeld dated February 9, 1998. Supplemental letters received February 9 and 10, 1998, in support of two-way traffic from Marcus Shaw, Greg Fruth and Paul Yuhas, all of 315 Monterey Blvd.; Loraine Ann Flori of 232 Monterey Blvd.; The Dempsey Family, 550 Monterey Blvd.; Dennis Fetchet, 420 Monterey Blvd.; Starvos Bacharis, 408 Monterey Blvd.; James E. Kokalj, 805 Bayview Dr., and Janice Makhlauf, Monterey Blvd. Supplemental letters received February 9 and 10, 1998, in opposition to two-way traffic from Howard Longacre, Hermosa Beach; and, the John Sabo Family, 447 Herondo Street. City Manager Burrell presented the staff report and responded to Council questions saying that a CEQA review would be required for the project. City Attorney Michael Jenkins also responded to Council questions saying that any change in the circulation element would be a project which required an initial study to determine whether or not there would be any adverse environmental impacts. He said if the impacts were deemed to be significant, an EIR would be required; if not, a negative declaration would be issued. The public hearing opened at 7:58 P.M. Coming forward to address the Council on this item were: Jeanette Karcher - 462 Monterey Blvd., spoke of the problems caused by traffic on Monterey and urged re-opening of Valley Drive to two-way traffic; Alan Mason - 625 Monterey Blvd., spoke of the problems caused by traffic on Monterey; Shirley Cassell - Hermosa Beach, suggested that a no-right-turn from Herondo onto Monterey during rush-hour would be a better solution to the traffic problem than re-opening Valley to two-way traffic; Wanda Smith - 144 Monterey Blvd., spoke of the problems caused by traffic on Monterey; Rosamond Fogg - 610 Sixth Street, expressed concern that opening Valley to two-way traffic would create a greater increase in traffic to all streets in the area Judith Klink - The Mooring, 501 Herondo, said that for the majority of the 75 units in her condominium complex the only driveway exit that allowed a car to go east was off of Valley at its intersection with Herondo and that two-way traffic would block this exit; Joe Stockman - The Mooring, 501 Herondo, agreed with Ms. Klink; also concerned with the possibility of heavy oil trucks entering on Valley if the Macpherson project is approved; Wallace Graves - 501 Herondo, said that a compromise solution would be no-right turn onto Monterey, thus decreasing the traffic there and forcing it onto Hermosa Avenue which is more of an arterial street; Gloria Anderson - 135 Monterey Blvd., said she saw no reason not to re-open Valley Drive to two-way traffic; Cathy Barron - 501 Herondo, expressed concern regarding the increase of traffic when the large commercial complex is opened in Redondo on the south side of Herondo; John Hales - 624 Eighth Place, spoke of the increase of traffic to all other streets in the area if Valley Drive is opened to two-way through traffic from the south, and said that this traffic would culminate at the most dangerous intersection in Hermosa, the Valley Drive, Ardmore Avenue, and Pier Avenue intersection; Lance Widman - 1015 Fourth Street, former Mayor and Councilmember, said that he was on the Council when the changes were made to close Valley Drive to northerly traffic at Herondo; said that this was part of a larger study to try to ease traffic for Hermosans and force commuter traffic onto Pacific Coast Highway; said that when Valley had been made one-way, signs had restricted turning right onto Monterey as well and suggested that this was the best solution at this time; Jim Lissner - Hermosa Beach, urged the Council to try all other alternatives before opening Valley Drive to two-way traffic as it would be much more difficult to return it to a one-way status; suggested that since speed was one of the big complaints of the residents of Monterey Blvd. that more enforcement and possibly road-bumps should be used; Dave Sestak - 102 Monterey Blvd., said that as one of the original letter writers to complain of traffic conditions on Monterey Blvd., his intent was to have barricades placed at the southerly intersection with Herondo, not to divert the traffic up onto Valley Drive; said that the Council should look at the entire area in order to make it more difficult for commuter traffic to use any residential street; John Burt - 1152 Seventh Street, asked that Flagler be opened; wanted two-way traffic on Herondo; Larry Cole - 501 Herondo, asked the Council to find a compromise, such a signage or barricades, to reduce the traffic on Monterey Blvd. rather than to increase the traffic on Valley Drive; Conrad Kauble - 447 Herondo, asked the Council to find a method to reduce commuter traffic in all residential areas in order to benefit the residents of Hermosa Beach; Chris Clark - 104 Monterey Blvd., said that over 4,000 cars per day turned onto Monterey Blvd. from Herondo and then over 3,000 cars turned right onto Second Street to get back on Valley Drive; suggested that Valley Drive be opened to two-way traffic; G.T. Bradley - 447 Herondo, spoke of the narrow lanes on Valley Drive compared to those on Monterey Blvd.; John Williams - 312 25th Street, supported opening Valley Drive opened to two-way traffic; Randy Beuth - 447 Herondo, spoke of the dangerous conditions at the Herondo/Valley intersection saying that he had witnessed seven accidents at that area in the past few years; and, Dave Bull - 226 Fourth Street, said that he wanted Valley Drive opened to two-way traffic. The public hearing closed at 8:50 P.M. Action: To direct staff to report back with the procedure to add signage that would prohibit right and left turns from Herondo onto Monterey during morning and evening rush hour traffic. Motion Reviczky, second Oakes. AYES: Oakes, Reviczky, Mayor Edgerton NOES: Benz, Bowler, The meeting recessed at the hour of 9:04 P.M. The meeting reconvened at the hour of 9:26 P.M. MUNICIPAL MATTERS 5. MID-YEAR BUDGET REVIEW 1997-98. Memorandum from Finance Director Viki Copeland dated January 28, 1998. Finance Director Copeland presented the staff report and responded to Council questions saying that an additional $250,000 had been added to the General Fund. Community Resources Director Mary Rooney also responded to Council questions. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 6. PROPOSAL FOR TRAFFIC STUDY 6th & 8th STREETS AND ARDMORE AVENUE WEST OF PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated January 28, 1998. Councilmember Reviczky declared a potential conflict of interest due to living within the area of the project and left the dais and the room at 9:40 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 9:44 P.M. Coming forward to address the Council on this item were: Cynthia Kinney - 635 Sixth Street, said she preferred the option of restricting right-turns out of the Learned Lumber parking lot on Sixth Street; and, Nancy Reviczky - 600 Ardmore, suggested that for $1,430 above the $5,525 cost of a single study, the Council could have a study of all three alternatives. Public participation closed at 9:46 P.M. Action: To direct staff to retain Linscott, Law & Greenspan (LL&G) to prepare a study and report on closing Sixth Street to west-bound traffic from the parking egress of the commercial zone at a cost of $5,525. Motion Bowler, second Mayor Edgerton. The motion carried, noting the dissenting vote of Benz and the absence of Reviczky. Councilmember Reviczky returned at 9:59 P.M. Mayor Edgerton introduced newly hired City employees Michael Earl, Personnel Director and Risk Manager, and Harold Williams, Public Works Director. Both addressed the Council and the public and expressed enthusiasm for their new positions with Hermosa Beach. 7. ST. PATRICK'S DAY PARADE AND FESTIVAL, SATURDAY, MARCH 14, 1998. Memorandum from Community Resources Director Mary Rooney dated February 2, 1998. Councilmember Bowler declared a potential conflict of interest due to owning a business within the area and left the dais and the room at 7:25 P.M. Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the Festival area was to 13th Street, not 14th Street as shown on the report. Public participation opened at 7:26 P.M. Coming forward to address the Council on this item were: Travers Devine - Event Chairman, spoke of the fund raising "Hooley" to be held on Friday, February 28, 1998, at Clark Building and urged everyone to join in the fun; explained the parade route and said there would be five High School bands and two Bagpipe bands and that the Festival would have a stage at Ninth Court and that the step-dancers would appear at the Pier head; responded to Council questions; Shirley Cassell - Hermosa Beach, questioned the number and cost of booths and why the City was waiving fees and giving the event $7,000 of taxpayers money; Jim Lissner - Hermosa Beach, questioned the amount of the direct costs; and, Travers Devine - Event Chairman, responded that this was a non-profit organization staffed by volun-teers; explained that no one with the organization made a profit from the event. Public participation closed at 7:43 P.M. Action: To approve the staff recommendation to: 1.approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their Saint Patrick's Day Parade and Festival on Saturday, March 14, 1998; 2.approve the event contract and street closures as requested, including the closure of Hermosa Avenue to Ninth Court; 3.approve fee waiver/funding requests as follows: $5,000 allocation from the Downtown Enhancement Fund for Parade expenses (it is currently listed in the FY 97-98 budget); $2,000 from Proposition A Transportation Funds for shuttle bus service; Waiver of: parking fees, banner fees, and amplification permit fees; Billing for Police and Fire Services at actual hourly cost (remove administrative overhead charges); and, amending the contract to include: 4.a list of the streets to be closed, the addition of Bayview as a street closed to traffic, and the condition that a Police Officer be posted at Tenth Street. Motion Mayor Edgerton, second Benz. The motion carried, noting the absence of Bowler. Councilmember Bowler returned at 7:50 P.M. At the hour of 7:50 P.M. the order of the agenda was returned to item 4. 8. CONCEPTUAL APPROVAL FOR SUNSET CONCERTS ON THE BEACH SERIES. Memorandum from Community Resources Director Mary Rooney dated February 3, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve the staff recommendation to give conceptual approval to: 1.free evening concerts at the beach north of the Pier to be held on three Sundays in July; 2.Hawthorne Savings as the presenting sponsor for the concerts who with co-sponsors will pay for and produce the event; 3.free use of the beach for the series; 4.direct staff to draft an event contract for Council approval; and, 5.allocate $800 from the Prospective Expenditures Fund to the Community Resources staff budget for part time staff with all other direct City costs charged to the presenting sponsor. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 9. AB939 WASTE REDUCTION AND RECYCLING PROGRAM CONSULTING SERVICES. Memorandum from Community Development Director Sol Blumenfeld dated January 28, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 10:25 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, questioned the contract amount as it was not included in the agenda; and, Dr. Tseng - consultant, explained the implementation and report process. Public participation closed at 10:33 P.M. Proposed Action: To update and send in the old report. Motion Benz, second Mayor Edgerton. The motion died when the second was withdrawn. Action: To approve the staff recommendation to approve the contract, at a cost of $20,000, and scope of work for E. Tseng & Associates (ETA) to provide consultant services to implement the City's waste reduction and recycling program in order to come into conformance with State mandated AB939. Motion Reviczky, second Bowler. The motion carried, noting the dissenting votes of Benz and Mayor Edgerton. 10. REQUEST TO USE "WAVE" SHUTTLE BUS DURING FIESTA DE LAS ARTES EVENTS MEMORIAL DAY AND LABOR DAY. Memorandum from Community Development Director Sol Blumenfeld dated January 28, 1998. Supplemental letter in support from Kathy Dunbabin, received February 9, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 10:40 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that the Chamber made a lot of money from the "Fiestas" and should be able to pay for the buses on their own; questioned the amount that the Chamber returned to the City from the "Fiestas"; John Burt - 1152 Seventh Street, spoke regarding shuttle buses; Rick Hankus - Chamber of Commerce President, said that it cost the Chamber $166,000 to produce the "Fiestas"; they gave $40,000 to the City in service costs for cleaning and police and public works; and said that the "Fiestas" drew 100,000 people into the City to generate more sales tax to the City than any other event; and, Gary Wayland - 1097 Aviation, said that the Chamber does pass $16,000 to the City in license fees; said the Chamber has not asked for Prop A funds since 1995 and was asking now for the 1998-99 budget year; and said that due to the improvements in the downtown area there was less space to hold the "Fiestas" therefore the Chamber revenue has shrunk. Public participation closed at 10:52 P.M. Action: To approve the staff recommendation to approve the appropriation of Proposition A funds, in an amount estimated to be $7800, for the requested shuttle service. Motion Bowler, second Mayor Edgerton. The motion carried, noting the dissenting vote of Benz. Action: To direct staff to place a review of the Chamber of Commerce contract with the City for the two annual "Fiesta de las Artes" on a future agenda. Motion Benz, second Mayor Edgerton. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Councilmembers Benz and Reviczky declared potential conflicts of interest due to living within the area of the project and left the dais and the room at 11:00 P.M. a. OIL PROJECT HAZARD ANALYSIS REPORT. Memorandum from City Manager Stephen Burrell dated February 2, 1998. Supplemental letter and information received February 9, 1998, from Macpherson Oil. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 11:12 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, spoke in favor of oil drilling; Shirley Cassell - Hermosa Beach, questioned if the City could bill Macpherson for this new study (City Manager Burrell responded yes); said that if the hazards could be mitigated the City should be very careful if it considered not honoring the contract for oil drilling as it could be sued by Macpherson; Nancy Reviczky - 600 Ardmore Avenue, questioned if the City could restrict Macpherson from contacting the Aspen Group and possibly causing the study to be biased in his favor (City Manager Burrell responded yes, the City could have all queries and responses put in letter format with a copy to the City); also, questioned if back-up materials such as letters to the Coastal Commission would be included in the review; and, stated that it was not just Macpherson that could sue the City over this project; Rosamond Fogg - 610 Sixth Street, submitted infor-mation; said that Sara Wan of the Coastal Commission had stated that the Commission decision for approval did not relieve the City from the need for a subsequent EIR; stated that certain misrepresentations had been made in the supplemental information provided by Macpherson Oil for this meeting, especially in regard to the claim that "Stop Oil" proponents had written that the ballot measure passed by the voters did not apply to this project; and, said that Macpherson now has new financial partners and this requires a Planning Commission review of the CUP; Gloria Anderson - 135 Monterey Blvd., said that she did not understand why a new study was needed; felt the City should just move on with the oil drilling project; and, J.R. Reviczky - 600 Ardmore Avenue, asked that the hydrogen sulfide leak incident in Santa Barbara also be reviewed by the Aspen Group because, although it was five miles from any residences, Pacific Coast Highway had been closed due to potential contamination. Public participation closed at 11:20 P.M. Action: To approve the staff recommendation to 1.approve the scope of work to include: a review of the CUP, conditions and enforcement, in order to take the necessary steps to ensure safety issue control and hazard mitigation; a background check of the Aspen Group to determine any possible conflict of interest; the restriction of all parties from direct communication; a study of the recent incident at Santa Barbara; and, include background letters from Nancy Reviczky and others; and, 2.direct the City Manager to sign letter of agreement with the Aspen Group in an amount not to exceed $6,000. Motion Oakes, second Bowler. The motion carried, noting the absences of Benz and Reviczky. Councilmembers Benz and Reviczky returned at 11:31 P.M. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Edgerton to direct staff to communicate with Caltrans and request installation of a traffic signal at Pacific Coast Highway and 16th Street. Mayor Edgerton spoke to his request. Action: To direct staff to communicate with Caltrans and request installation of a traffic signal at Pacific Coast Highway and 16th Street. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. b. Request from Councilmember Bowler to direct Traffic Engineer to study 10th Street and Hermosa Avenue and provide a recommendation regarding adding a stop sign. Councilmember Bowler spoke to his request. Action: To direct the Traffic Engineer to study Tenth Street and Hermosa Avenue and provide a recommendation regarding adding a stop sign. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. 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: The closed session was continued to the Regular Meeting of February 24, 1998. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 10, 1998 at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, February 24, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 24, 1998, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Nick Nicholson ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent: Mayor Edgerton (arrived at 7:52 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Benz expressed thankfulness that the City had weathered the recent heavy storms with little damage. PROCLAMATIONS/PRESENTATIONS: NATIONAL ENGINEERS WEEK FEBRUARY 22 - 28, 1998 Mayor Pro Tempore Benz read the Proclamation and presented it to Public Works Director Harold Williams. POISON PREVENTION WEEK MARCH 16 - 21, 1998 Mayor Pro Tempore Benz read the Proclamation explaining the dangers of lead poisoning, especially to children, and said that it would be mailed. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned why some Councilmembers did not have their laptop computers with them; questioned why the signs prohibiting right-turns onto Monterey from Herondo were not up yet; and, questioned why there were no public announcements of settlements, and the amounts if any, of legal suits concerning the City that were discussed in closed session; Nicole Nicholson - representing the Kenny Nicholson Foundation, thanked Councilmember Reviczky and all others who donated time and gifts for the Beach Cities Toy Drive; said that 842 toys had been distributed to needy children over the Holidays; and, presented an album commemorating the distribution; Michael Challgren - 1066 Monterey Blvd., submitted a letter to Council explaining his proposal for an outdoor billiard tournament and asked that it be placed on the next agenda. Action: To forward the request to the Parks, Recreation and Community Resources Advisory Commission for its consideration at its meeting of March 18, 1998. Motion Mayor Pro Tempore Benz, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. (b) COUNCIL COMMENTS: Councilmember Reviczky said that staff will be reporting back on the Monterey Blvd. signage procedure at a future meeting. (c) WRITTEN COMMUNICATION: 1. Letter from John Hales dated February 13, 1998, requesting that Council direct a staff study to determine the engineering and financial feasibility of installing traffic signals at Pier/Valley/Ardmore intersection. Coming forward to address the Council on this item were: John Hales - 624 Eighth Place, spoke to his letter, spoke of the accidents at the intersection; requested that a study be done that included traffic and pedestrian counts, and, the number of accidents and injuries; suggested at the least that blinking red lights be placed at the intersection and that Pier Avenue be realigned to allow a left hand turn lane into Vons Plaza; and, Al Valdes - 2840 Amby Place, said this was the most dangerous intersection in the City and that the timing was right to make changes as the City was replanting the Greenbelt and making improvements to Pier Avenue. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be returned with staff recommendations at the Regular Meeting of March 10, 1998. (Mayor Edgerton absent) 2. Letter from Laura Guneau received February 17, 1998 requesting sidewalks on 25th Street between Valley and Park. Action: To receive and file the letter. Motion Reviczky, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Mayor Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky and (i) Reviczky. Motion Bowler, second Oakes. The motion carried, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. Mayor Pro Tempore Benz announced that Municipal Matter No. 4, Community Center Skate Track - Award Of Design Contract, would not be heard tonight and would be continued to the Regular Meeting of March 10, 1998. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on February 10, 1998. Action: To approve the minutes of Regular Meeting of February 10, 1998 as presented. (Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12812 THROUGH 12978 INCLUSIVE, NOTING VOIDED CHECKS NO. 12915 AND 12943, AND TO APPROVE THE CANCELLATION OF CHECKS NO. 12959 AND 12872 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Mayor Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the January, 1998, Financial Reports as presented. (Mayor Edgerton absent) (e) RECOMMENDATION TO SET WORKSHOP DATES OF THURSDAY, MAY 28 AND THURSDAY, JUNE 11 AT 7:10 P.M. FOR REVIEW OF THE 1998-99 BUDGET. Memorandum from Finance Director Viki Copeland dated February 11, 1998. Action: To approve the staff recommendation to set workshop dates of Thursday, May 28 and Thursday, June 11 at 7:10 P.M. for review of the 1998-99 budget. (Mayor Edgerton absent) (f) RECOMMENDATION TO APPROPRIATE $500 ANONYMOUS DONATION AND $2000 DONATION FROM THE HERMOSA BEACH WOMAN'S CLUB TO THE POLICE DEPARTMENT TO BE USED FOR THE PURCHASE OF MOTORCYCLE EQUIPMENT. Memorandum from Finance Director Viki Copeland dated February 18, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to recognize and thank the donors. Action: To approve the staff recommendation to appropriate $500 anonymous donation and $2000 donation from the Hermosa Beach Woman's Club to the Police Department to be used for the purchase of motorcycle equipment. Motion Reviczky, second Bowler. The motion carried, noting the absence of Mayor Edgerton. (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of February 17, 1998. (Mayor Edgerton absent) (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24716 FOR TWO 2-UNIT CONDOMINIUM PROJECTS AT 445 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated February 12, 1998. Action: To adopt Resolution No. 98-5903, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24716 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 445 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (i) RECOMMENDATION TO APPROVE THE DIAL-A-RIDE COST SHARING AGREEMENT BETWEEN THE CITIES OF HERMOSA BEACH AND REDONDO BEACH. Memorandum from Community Development Director Sol Blumenfeld dated February 19, 1998. Supplemental letter in favor of approving the contract from Sue Gallagher, 113 S. Juanita, Redondo Beach, received February 24, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Stephen Burrell also responded to Council questions and asked that the approval to work with Redondo Beach be granted as a program was needed this year due to the parking structure construction. Coming forward to address the Council on this item were: Mimi French - representing Dial-a-Ride users, spoke on behalf of senior citizen and disabled users of the service urging the Council to continue the program and to keep the fares at the current rate; Shirley Cassell - Hermosa Beach, spoke of the program used in Torrance that allowed books of vouchers to be purchased that could be used for taxi fare; and, Mike Lacey - Comedy and Magic Club owner, asked that the Council look at a long term program that could also act as a shuttle for remote parking for downtown employees, thus freeing up to 300 parking spaces in the downtown area; asked that the Council consider an alternate site for the skateboard park, possibly farther back on the Community Center site, said the prime corner location could be used for an "Exploritorium" funded by high tech companies in the area that could include additional below grade parking. Mayor Edgerton arrived at 7:52 P.M. Proposed Action: To send this item back to staff in order for other alternatives to be considered. Motion Reviczky, second Oakes. The motion was withdrawn by the maker and the second. Action: To approve the Dial-a-Ride Cost Sharing Agreement between the cities of Hermosa Beach and Redondo Beach and to direct staff to work with Redondo Beach on the bid package and to incorporate the Council's suggestions for alternative programs and concerns regarding the high cost per ride.. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (j) Recommendation to approve rate adjustment for City Prosecutor services from $5800 to $6040 per month. Memorandum from City Manager Stephen Burrell dated February 19, 1998. Action: To approve the staff recommendation to approve rate adjustment for City Prosecutor services from $5800 to $6040 per month. (Mayor Edgerton absent) (k) RECOMMENDATION TO APPROVE APPLICATION FOR 25% MATCH AQMD FUNDS. Memorandum from Finance Director Viki Copeland dated February 19, 1998. Action: To approve the staff recommendation to approve application for 25% match AQMD funds. (Mayor Edgerton absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. Mayor Pro Tempore Benz announced that an additional item needed to be discussed that had arisen after the agenda had been posted to authorize a Resolution approving a request for funding. Action: To approve the addition of an urgency item to the agenda that had arisen after the agenda was posted. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:09 P.M. The meeting reconvened at the hour of 8:37 P.M. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4. COMMUNITY CENTER SKATE TRACK - AWARD OF DESIGN CONTRACT. Memorandum from Public Works Director Harold Williams dated February 17, 1998. Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of March 10, 1998. 5. TAXICAB ORDINANCE REVISION. Memorandum from Police Chief Val Straser dated February 13, 1998, with Ordinance for introduction and waiver of full reading. Supplemental Resolution for adoption from Police Chief Val Straser received February 24, 1998. Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions. Public participation opened at 9:01 P.M. Coming forward to address the council on this item were: Jim Hanneman - South Bay Yellow Cab, said that half of the taxis operating in the City were not licensed and did not carry liability insurance as the cost was approximately $5,000 per cab per year; said that all cities regulate taxi cabs to ensure proper safety maintenance, driver licensing, and insurance; responded to Council questions. Public participation closed at 9:08 P.M. Action: To approve the staff recommendation to: 1.Introduce and waive full reading of Ordinance No. 98-1180, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW PART 5.72 THERETO, AND REVISING REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS."; 2.adopt Resolution No. 98-5904, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING ANNUAL PERMIT FEES FOR THE BUSINESS OF TAXICABS OR AUTOS FOR HIRE."; 3.approve locations of taxicab stands on Hermosa Avenue; and; 4.fund $11,209.00 to implement taxicab ordinance procedures from Prospective Expenditures; and, 5.with the addition that this item will be brought back annually, with a report on all activity, for Council review. Motion Bowler, second Reviczky. AYES: Bowler, Oakes, Reviczky NOES: Benz, Mayor Edgerton 6. REVIEW OF AGREEMENT WITH CHAMBER OF COMMERCE FOR FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated February 19, 1998. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:37 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned how many on the Council were Chamber members; questioned the $7,800 in dial-a-ride funds approved at the last meeting; and, questioned how much the Chamber has paid to the City. Public participation closed at 9:40 P.M. Proposed Action: To bring this item back in mid-June for further review. Motion Benz, second Mayor Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky. Action: To bring this item back for contract review in October, 1998, and request that the Chamber contribute some innovative ideas for future Fiestas or events. Motion Oakes, second Benz. The motion carried, noting the dissenting votes of Bowler and Reviczky. URGENCY ITEM: RECOMMENDATION TO ADOPT RESOLUTION TO REQUEST FINANCIAL ASSISTANCE FROM THE COASTAL COMMISSION FOR COMPLETING THE CITY'S LOCAL COASTAL PROGRAM. City Manager Burrell presented the staff report and responded to council questions. Action: To adopt Resolution No. 98-5905, entitled, "A RESOLUTION OF THE CITY COUNCIL 0F THE CITY OF HERMOSA BEACH, CALIFORNIA, TO REQUEST LOCAL COASTAL PROGRAM FUNDING ASSISTANCE." Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. COMPLETION OF THE LOWER PIER AVENUE PROJECT. Memorandum from City Manager Stephen Burrell dated February 19, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the report and to ratify the actions taken by the City Manager. Motion Benz, second Bowler. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. LAX EXPANSION SUB-COMMITTEE REPORT. Oral report from sub-committee. Councilmember Reviczky presented the report. Action: To invite Jack Driscoll and a representative from the FAA to speak at a Special Meeting (possibly the first Tuesday in April) in order for the citizens and the Council to express concerns with the proposed expansion. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, expressed her concerns regarding the unappealing condition of the Council Chamber and questioned why some members of the Council did not have their laptop computers with them. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957. Title: City Manager 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Management Association ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 10, 1998, at the hour of 10:18 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:30 P.M. At the hour of 10:35 P.M. the Closed Session adjourned to the Adjourned 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, February 24, 1998 at the hour of 10:35 P.M. to the Regular Meeting of Tuesday, March 10, 1998 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 24, 1998, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Kathy Dunbabin, Parks & Rec Commissioner ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Reviczky referred to letters recently received by the Police and Fire departments, one thanking Police Service Officer Pam Yager for considerate treatment, the other thanking firefighter/paramedics for a rescue which took place March 10, 1998 at the Green Store. Councilmember Bowler commented on the success of the 1998 St. Patrick's Day Parade, congratulated the St. Patrick's Day Committee and all of the volunteers for a great job, and noted that this year's parade was twice as long as last year's parade. CLOSED SESSION REPORT FOR MEETING OF MARCH 10, 1998: Meeting was canceled - no action taken. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned an item at the Planning Commission's last meeting regarding a text amendment on nonconforming structures; asked why Mayor Edgerton had not brought his laptop computer to the last four meetings; requested that Item 1(h) be removed from the consent calendar item for discussion; and Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter, written communication Item c(5), requesting City Council support of Housing Reform Bill 3206; said reform was needed in order to protect local zoning in special-needs group housing cases; said he had a signed petition regarding the Masada House in Hermosa Beach but opted not to submit it since it would be deemed a public record and he wanted it kept confidential; said he would provide Council with the text of the proposed bill (Council action shown with the agenda item for clarity). (b) COUNCIL COMMENTS Councilmember Reviczky responded to Shirley Cassell's remarks concerning the Planning Commission's recent consideration of an item pertaining to nonconforming structures, pointing out that all text amendments come before the Council for final action and that the item is in the early stages of the process. (c) WRITTEN COMMUNICATIONS 1. Letter from Kathy Dunbabin of the Mira Costa High School Grad Nite Committee requesting a donation for the event. Coming forward to address the Council at this time was: Kathy Dunbabin - Hermosa Beach, said the actual cost of the Grad Nite event was $125 per student but that students would be charged only $50, with scholarships available for those who could not afford the cost; said 61 of the 454 Mira Costa seniors are residents of Hermosa Beach; said the City of Manhattan Beach had donated $7,500 to the event and requested that the City of Hermosa Beach donate $1,000 to support the seniors. Action: To donate $1,000 to Mira Costa Grad Nite. Motion Oakes, second Reviczky. The motion carried, noting the dissenting vote of Benz. 2. Letter from Howard Longacre regarding Council decorum during the regular Council meeting of February 24, 1998. Proposed action: To direct Councilmember Benz to take a class on decorum from Howard Longacre. Motion Benz, second Mayor Edgerton. The motion failed with Benz casting the only vote in favor. Action: To receive and file the letter. Motion Oakes, second Mayor Edgerton. The motion carried, noting the dissenting vote of Benz. 3. Letter from Howard Longacre regarding potential lack of properly noticed action by the City Council to award total of $21,000 per year of the peoples' money to the Councilmembers themselves for car allowance. Action: To receive and file the letter. Motion Oakes, second Bowler. The motion carried by a unanimous vote. 4. Letter from Howard Longacre the Lighting/Landscape Assessment use and refund practice. Action: To receive and file the letter. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 5. Letter from Roger Bacon requesting City Council support for HR 3206 to protect local zoning in group home cases. Action: To direct staff to provide the Council with the text of the proposed bill and to agendize the item for discussion at the meeting of April 14, 1998. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 6. Letter from Rosamond Fogg dated March 16, 1998 regarding the oil project. Coming forward to address the Council at this time was: Rosamond Fogg - Hermosa Beach, spoke to her letter and attachments pertaining to studies which conclude that humans should avoid any exposure to hydrogen sulfide, citing harmful effects on the central nervous function; requested that the City expand the scope of work by the Aspen Environmental group to include her submitted studies pertaining to exposure to hydrogen sulfide gases. Action: To submit Rosamond Fogg's letter and accompanying information to the Aspen Group and have them include it in their review. Motion Oakes, second Mayor Edgerton. The motion carried, noting the abstentions of Benz and Reviczky. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (f) Benz, and (h) Mayor Edgerton at the request of Shirley Cassell. Motion Bowler, second Benz. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 10, 1998. Action: To approve the minutes of the Regular Meeting of March 10, 1998 as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 13087 THROUGH 13236, NOTING VOIDED CHECK NO. 13162 AND 13190, AND TO APPROVE CANCELLATION OF CHECK NO. 13133 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 1998 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the February 1998 Financial Reports as presented. (e) RECOMMENDATION TO APPROPRIATE $1000 DONATION FROM MR. & MRS. RICHARD ORFORD AND $250 DONATION FROM JEAN LOMBARDO TO THE POLICE DEPARTMENT TO BE USED FOR THE PURCHASE OF MOTORCYCLE EQUIPMENT. Memorandum from Finance Director Viki Copeland dated March 16, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To accept and appropriate the $1,000 donation from Mr. and Mrs. Richard Orford and the $250 donation from Jean Lombardo to the Police Department to be used to purchase motorcycle equipment, and to direct staff to begin writing thank you letters from the Mayor to all donors. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO EXERCISE THE OPTION TO EXTEND THE EXISTING AUDIT CONTRACT WITH CAPORICCI & LARSON FOR TWO YEARS AT THE CURRENT ANNUAL COST OF $22,250. Memorandum from Finance Director Viki Copeland dated March 9, 1998. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To exercise the option to extend the existing audit contract with Caporicci & Larson for two years at the current annual cost of $22,250, as recommended by staff. Motion Benz, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 16, 1998. Action: To deny the following claim and refer it to the City's Liability Claims Administrator, as recommended by staff: Claimant: Christine Sher Date of Loss: March 25, 1997 Date Filed: March 4, 1998 (h) RECOMMENDATION TO APPROVE THE REQUEST OF THE CHAMBER OF COMMERCE TO RETAIN THE FARMER'S MARKET ON VALLEY DRIVE BETWEEN 8TH AND 10TH STREETS ON FRIDAYS FROM 10AM TO 5PM. Memorandum from Community Resources Director Mary Rooney dated March 17, 1998. This item was removed from the consent calendar by Mayor Edgerton (at the request of Shirley Cassell) for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, asked if the participating vendors are required to pay a permit fee to sell produce in the City (staff responded that the certified Farmers Market annually purchased a business license); and Donley Falkenstien - Hermosa Beach, said the event takes place in a parking area protected for coastal access, noting the importance of those parking spaces during the summer months. Action: To approve the request of the Chamber of Commerce to retain the Farmer's Market on Valley Drive between 8th and 10th streets on Fridays from 10 a.m. to 5 p.m., as recommended by staff, subject to the following conditions: 1) Address the following safety issues: (a) Large delineator cones to be placed 10 to 15 feet apart along Valley Drive (may be replaced by a portable fence subject to Public Works approval); (b) Pedestrian crossing signs to be placed on existing crosswalks; (c) "Library Only" parking signs to be placed on the spaces immediately south of the Library; and (d) Farmer's Market staff/volunteers to monitor pedestrian safety at the Market; 2) Chamber will be permitted to place temporary signs directing patrons to public parking at City Hall and Clark Field. City staff will post signs on the existing sign poles to indicate reserved parking for Farmer's Market on Fridays from 10 a.m. to 5 p.m. (cost to be borne by the Chamber);3) Chamber to provide the City with a certificate of insurance in the amount of $2 million for general liability;4) Chamber to sign an indemnification agreement with the City; and5) The City reserves the right to review, amend or reconsider this approval anytime.Motion Mayor Edgerton, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 1998-99. Memorandum from Public Works Director Harold Williams dated March 17, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5907, 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 OF CHAPTER 1 OF THE 'LANDSCAPING AND LIGHTING ACT OF 1972', BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, AND LIGHTING AND APPURTENANT WORK IN THE CITY HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999." (j) RECOMMENDATION TO DECLARE THE SHEPHERD MACHINERY COMPANY IS A SOLE SOURCE FOR THE REPAIR OF CATERPILLAR; AUTHORIZE STAFF TO NEGOTIATE A REPAIR PRICE NOT TO EXCEED $7,400; AND TO APPROPRIATE $8,510 FROM THE VEHICLE REPLACEMENT FUND. Memorandum from Public Works Director Harold Williams dated March 17, 1998. Action: To approve the staff recommendation to:1) declare that Shepherd Machinery Company is a sole source for the repair of the City's caterpillar (in accordance with the provisions of Section 3.112.070 of the Hermosa Beach City Code);2) authorize staff to negotiate a repair price from Shepherd Machinery Company of Whittier, not to exceed $7,400; and3) appropriate $8,510 from the Vehicle Replacement Fund for the repair of the 1989 Model 943 tracked caterpillar. (k) RECOMMENDATION TO APPROVE POLICY WHICH WILL ALLOW PIER AVENUE PLAZA MERCHANTS TO CONDUCT SMALL SCALE PROMOTIONAL EVENTS DIRECTLY ADJACENT TO THEIR STOREFRONTS PER CITY CONDITIONS. Memorandum from Community Resources Director Mary Rooney dated March 16, 1998. Action: To approve the staff recommendation to approve a policy which will allow Pier Avenue Plaza merchants to conduct small-scale promotional events directly adjacent to their storefronts subject to the following conditions:1) Request must be made by a business located on Pier Avenue west of Hermosa Avenue with a storefront on the Plaza;2) The promotional event must be sponsored solely by the Pier Avenue business;3) The business requesting permission for an event may do so for up to three days per calendar year (additional days subject to City Council review and approval);4) The plaza space allotted for the event shall remain within the boundaries of the storefront of the merchant requesting the event to the center of the plaza (joint applications for events expanding to adjacent businesses will be accepted);5) Events are subject to scheduling, review and approval by Community Resources, Police and Fire departments, with City Council approval required for events deemed to be large-scale events and those which may have a significant impact on the City;6) Applicant will assume full responsibility for: (a) the safe conduct of the event, (b) abiding by all City rules, regulations and conditions for the use of public property, (c) returning the Plaza area to its original condition immediately following the event and (d) obtaining permits as required (e.g., Health Department);7) Applicant will notify plaza merchants about the event two weeks prior to the event date;8) Applicant will be responsible to pay for any and all direct costs associated with the event including costs for City services (such as Police, Fire and/or Community Services hourly staff costs); and9) At least 10 days prior to the event, applicant will provide the City with a certificate of insurance providing liability insurance naming the City, its officers, employees and agents as additional insured with a minimum coverage of $2 million combined single limit coverage. (l) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN "ACKNOWLEDGMENT AND RELEASE" FOR THE USE OF THE SOUTHEAST RESOURCE RECOVERY FACILITY. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 19, 1998. Action: To authorize the City Manager to execute an "Acknowledgment and Release" for the use of the Southeast Resource Recovery Facility. (m) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 17, 1998. Action: To receive and file the action minutes from the Planning Commission meeting of March 17, 1998. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24760 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 925 - 17TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 11, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5908, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24760 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 925 17TH STREET, HERMOSA BEACH, CALIFORNIA." (o) RECOMMENDATION TO APPROVE A COOPERATIVE PROJECT WITH LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TO REMOVE EXISTING UNDERGROUND STORAGE TANKS AT THE CITY YARD. Memorandum from Public Works Director Harold Williams dated March 19, 1998. Action: To approve the cooperative project with the Los Angeles County Department of Public Works to remove the existing underground storage tanks at the City Yard, as recommended by staff. At 7:52 P.M. the order of the agenda was suspended to go to public hearing item 4. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(e), (f) and (h) were heard at this time but are shown in order to clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. PUBLIC HEARINGS 4. TEXT AMENDMENT TO MODIFY M-1 ZONE PERMITTED USE LIST. Memorandum from City Manager Stephen Burrell dated March 19, 1998 recommending that the item be continued to the next meeting. Public hearing opened at 7:53 P.M. There being no one coming forward to address the Council on this item, the public hearing closed at 7:53 P.M. Action: To continue the public hearing to the next regular City Council meeting of April 14, 1998, as recommended by staff.Motion by Bowler, second Reviczky. The motion carried by a unanimous vote. The order of the agenda was returned to item 2 at 7:54 P.M. MUNICIPAL MATTERS 5. 1998 COMMERCIAL EVENT APPLICATIONS. (Continued from meeting of March 10, 1998) Memorandum from Community Resources Director Mary Rooney dated February 23, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 8:05 P.M. Coming forward to address the Council on this issue were: Donley Falkenstien - spoke in opposition to paid seating at the beach, said the public packet in the lobby did not contain the actual contracts that had been included in the agenda packet for the last meeting; Dennis Noor - expressed opposition to paid seating on the beach; Man (name indistinct) - commented on the AVP's paid seating event in 1996 and the beach enclosure; said the beach is a public trust and should never be enclosed; requested that citizens' rights be respected; Matt Gage - Hermosa resident, AVP representative, responded to Council questions, saying they would come back before Council for separate approval if they decide they would like to have a band; and Mark Billik - representing People Magazine, responded to Council questions. Public participation closed at 8:13 P.M. Action: To approve the WPVA Hermosa Open Volleyball Tournament to take place June 13 and 14, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Action: To approve the Cal-King Volleyball Tour event to take place June 20 and 21, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Action: To direct the Cal-King Volleyball Tour organizers to return for City Council approval if they wish to include a band at the June 20 and 21, 1998 event. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Action: To approve the West Coast Artists Festival of Arts event to take place June 27 and 28, 1998, and authorize the Mayor to sign the special event contract. Motion Benz, second Oakes. The motion carried by a unanimous vote. Action: To approve the Above the Net Volleyball Tournament to take place July 18, 1998, and authorize the Mayor to sign the special event contract. Motion Benz, second Bowler. The motion carried by a unanimous vote. Action: To approve the AVP - U.S. Championships & Festival to take place August 14, 15 and 16, 1998, authorize the Mayor to sign the special event contract, and direct the organizers to return for City Council approval if they wish to include a band at the event. Motion Benz, second Bowler. The motion carried by a unanimous vote. Action: To approve the People Magazine Extreme Sports Spectacular event to take place September 20, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Action: To approve the 7th Annual Hermosa Beach Triathlon and Festival to take place October 11, 1998, and authorize the Mayor to sign the special event contract. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 6. CONSIDERATION OF REQUEST FROM RADIO STATION STAR 98.7 AND HEAL THE BAY TO PRODUCE A CONCERT ON THE BEACH IN SEPTEMBER, 1998. Memorandum from City Manager Stephen Burrell dated March 19, 1998. City Manager Burrell presented the staff report and responded to Council questions, noting that the proposed concert would be free to attendees, the radio station would get corporate sponsors to pay for it, and the proceeds would benefit Heal the Bay. Public participation opened at 8:43 P.M. Coming forward to address the Council on this item was: Pete Tucker - 235 - 34th Street, said Heal the Bay has not been responsive when he has called concerning pollution running down the street, rather has simply referred him to the City; said if the event takes place, a percentage of the proceeds should go to the City. Public participation closed at 8:45 P.M. Action: To refer the request from Radio Station Star 98.7 and Heal the Bay to produce a concert on the beach in September 1998 to the Parks, Recreation and Community Resources Advisory Commission for its review and recommendation, with direction to the Commission to address the potential scheduling conflict with the Film Festival and issues relating to the anticipated large crowd and resultant traffic and parking problems, and that the item return with a recommendation at the Council meeting of April 28, 1998. Motion Benz, second Oakes. The motion carried by a unanimous vote. Councilmember Benz and Mayor Edgerton offered to meet with Heal the Bay officials regarding the City's receiving a percentage of the proceeds to fund a local storm water diversion project at Herondo Street. City Manager Burrell said he would set up a meeting at the Heal the Bay office before the item comes back to Council. The meeting recessed at 8:45 P.M. The meeting reconvened at 9:12 P.M. 7. VETTER WINDMILL RESTORATION FUND BANNER PROGRAM. Memorandum from City Manager Stephen Burrell dated March 19, 1998. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:15 P.M. Coming forward to address the Council on this item were: Roger Bacon - 1100 Pacific Coast Highway, said he had pledges that would bring the fund up to $25,000 by the end of August or early September, but wanted to continue the program until the end of the year to obtain $30,000; said the extra $5,000 would ensure adequate funding since it was not known at this time exactly what repairs would be required and what the restoration cost would be; said any surplus could be used to further improve Greenwood Park; said a banner listing all of the contributors would be placed on the windmill; and Pete Tucker - 235 - 34th Street, said the banners should state that the named businesses had donated money to save the windmill to make people aware that these are corporate sponsors of the restoration effort, noting it might also enhance the program and bring in more donations; and said $25,000 was enough to do the project, noting that he and others were willing to volunteer their time to help rebuild the structure. Public participation closed at 9:35 P.M. Action: To continue the Vetter Windmill Restoration Fund banner program to the end of the year to allow for a total fund balance not to exceed $30,000, with any surplus to be used for improvements at the City's discretion. Motion Benz, second Oakes. The motion carried by a unanimous vote. 8. RIGHT AND LEFT TURN SIGN RESTRICTIONS - HERONDO AND MONTEREY. Memorandum from Public Works Director Harold Williams dated March 19, 1998. Public Works Director Williams presented the staff report, utilizing an overhead projector, and responded to Council questions. Public participation opened at 9:49 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said she lived on Monterey and that traffic is extremely heavy in the mornings and evenings; Merna Marshall - Hermosa Beach, requested that the traffic signals on Hermosa Avenue be synchronized if turns onto Monterey are restricted, since at least some of the traffic would end up on Hermosa Avenue; and George Schmeltzer - 275 Valley Drive, questioned how he and other area residents would get home from work if turns are restricted onto Monterey during the evening hours, noting the difficulty of turning left from Pacific Coast Highway. Public participation closed at 9:55 P.M. Action: To approve a trial program prohibiting left turns from eastbound Herondo Street and right turns from westbound Herondo Street onto Monterey Boulevard weekdays between the hours of 7:00 and 9:00 A.M. (excluding weekends and holidays), with no afternoon restrictions, and to direct the placement of appropriate signage. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote by Benz. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. NEW ABC PROCEDURE - CHANGE IN CONDITIONS FOR FABIO RISTAURANTE (2700 MANHATTAN AVENUE). Memorandum from City Manager Stephen Burrell dated March 19, 1998. Supplemental Board of Zoning Adjustments minutes of the meeting of November 19, 1984. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to send a letter to Alcoholic Beverage Control (ABC) saying that the City Council has no objection to a modification in operating hours on the ABC permit, allowing Fabio Ristaurante to serve alcoholic beverages on weekdays until 11:00 P.M. and on weekends until 12:00 midnight. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. City Manager Burrell also announced that the airport has canceled the April 7, 1998 meeting that was scheduled by Council at the last meeting. Action: Mayor Edgerton directed, with the consensus of the Council, that the City Manager reschedule the airport expansion meeting for any Thursday in May that Council is not already scheduled to meet for some other purpose. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. 95/5 INITIATIVE/PROPOSITION 223 - REQUEST FOR CITY COUNCIL TO TAKE A POSITION IN OPPOSITION TO PROPOSITION 223. Memorandum from Mayor Edgerton dated March 19, 1998. Mayor Edgerton spoke to his request. Coming forward to address the Council on this issue were: Cathy McCurdy - Hermosa Beach School Board, said the measure would limit administrative costs to 5 percent, which may make sense for large school districts because of their budgets and size, but not for the smaller districts like Hermosa Beach; said current administrative costs are about 10 percent in Hermosa Beach, 8 percent in Manhattan Beach and 7.9 percent in Redondo Beach, noting that the percentage is based on the district's overall budget and that the Hermosa Beach School District budget is only $3 million to $4 million; said it would cost the school district $200,000 per year in penalties for non-compliance, would force the district to look at unifying with surrounding districts, noting that all penalties would go to the large school districts which do comply; urged Council to take a position in opposition to the measure because it would take away local control; and Shirley Cassell - Hermosa Beach, said this measure was on the ballot because administrators are taking the bulk of the money allocated to schools, noting that her comments applied not to Hermosa Beach, but to larger school districts. Proposed Action: To take a position in opposition to Proposition 223. Motion Reviczky, second Bowler. The motion and second were subsequently withdrawn. Action: It was directed by Mayor Edgerton, with the consensus of the City Council, that the item be continued to the meeting of April 14, 1998, with the text of the measure and a draft resolution presented at that time for Council consideration. 11. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Merna Marshall - Hermosa Beach, said she would hoped that the Council would consider a similar donation for the graduating class of Redondo Union High School, as the seniors there deserve the same consideration; and John Burt - 1152 Seventh Street, expressed opposition to the approved beach volleyball tournaments; and objected to donations of City funds to high schools for grad night. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: READING OF MINUTES OF CLOSED SESSION MEETING HELD ON FEBRUARY 24, 1998. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957 Title: City Manager 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Kearin v. City Hermosa Beach WCAB Case Number: MON 0230120 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 24, 19988, at the hour of 10:27 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:30 P.M. At the hour of 11:15 P.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, March 24, 1998, at the hour of 11:16 P.M., to the Regular Meeting of Tuesday, April 14, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Don Macpherson, Macpherson Oil ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:18 P.M.) PROCLAMATIONS: National Library Week April 19-25, 1998 Mayor Edgerton read the proclamation and presented it to Hermosa Beach Librarian Ron Schneider, who announced that there would be a reading for children at the Library on Thursday, April 16, 1998, starting at 5:00 P.M. MAYOR'S COMMENTS ANNOUNCEMENTS: Mayor Edgerton spoke of the adverse effect that Ballot Measure 223 could have on small School districts such as Hermosa Beach if it were passed. Action: To amend the order of the agenda to hear item 8(b), "PROPOSITION 223 - SCHOOL SPENDING LIMITS ADMINISTRATION", at this time. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. The item was heard at this time but is shown in order for clarity. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Al Bowman - 615 Seventh Street, complained of losing a court case regarding his refusal to keep his small dog on a leash; asked the Council to request that the City Prosecutor drop the case and threatened to go to the media with bad publicity for the City if the City Prosecutor continued. City Attorney Michael Jenkins said that the City Council did not have jurisdiction and could not interfere with an on-going legal case, but, if they did not agree with the City leash law, they had the authority to change it. Continuing to come forward to address the Council were: Karen Bruns - 521 Pier Avenue, spoke of the lack of consistent enforcement of City laws; Scott Alden - 646 Sixth Street, said that leash laws were primarily for the protection of the animals, to keep them from being hit by cars; said there was a dog park just a few blocks away in Redondo Beach that allowed dogs off leash and suggested that Mr. Bowman take his dog there. (b) COUNCIL COMMENTS: Councilmember Oakes announced that a skateboard design meeting would be held in the Council Chambers tomorrow night, April 15, 1998, at the hour of 7:00 P.M. and urged anyone interested in the skateboard track to attend. Councilmember Reviczky spoke in rebuttal to the statements made by Mr. Bowman, saying that Mr. Bowman had told only part of the story and because he owned a small dog, was asking to be given special privileges that were not given to the rest of the dog owners of the City. (c) WRITTEN COMMUNICATION: 1. Letter from ICRMA (Independent Cities Risk Management Authority) inviting City Council to a luncheon to be held on April 22, 1998. Action: To receive and file the letter. Motion Oakes, second Benz. The motion carried by a unanimous vote. 2. Letter from Hermosa Beach Chamber of Commerce dated April 7, 1998 announcing new features that will debut with this year's Memorial Day Fiesta de las Artes. Action: To receive and file the letter and to direct staff to return with a report containing recommendations for a City program that would display the United States flag more prominently during patriotic holidays. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 3. Letters from Marineland Mobile Owners Association and Darlene and Dean Sinatra regarding the Marineland Mobile Home Park. Coming forward to address the council on this item were: Marie Horowitz - 531 Pier Avenue, Space 15, President of the Owner's Association; thanked Councilmember Reviczky and City Manager Burrell for attending the Association meetings; spoke of three rent increases in the past year and the problems with the lack of upkeep in the trailer park by the park owners; asked the City if there was anything that could be done to help the park tenants such as rent stabilization that would only affect mobile homes; Darlene Sinatra - 531 Pier Avenue, spoke to her letter; said that there had been three rent increases in the last year; Catherine Kenny - 531 Pier Avenue, Space 28, submitted information directly to the Council; spoke of rent increases; spoke of the difficulty of selling in a park that has so few amenities; said that she had paid $32,000 for her mobile home, but the park owners had offered only $4,000 - $5,000 to purchase it as an attempt to force current owners out of the park so that the land can be used for other purposes; and, Laura See-Taylor - 531 Pier Avenue, said the park owners were trying to force the mobile home owners out to replace the spaces with manufactured housing; said the last park improvement was in 1950; said the mobile home park provided some of the rare low-income housing for the city and provided space for the elderly and for single mothers. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To agendize this item for the regular meeting of May 12, 1998, with background material on the mobile home park and its history, including rent increases and improvements, background information on all relative legislation, and an analysis of the following options: 1) limited City rent control; 2) the ability of the City to take back jurisdiction from the state; and, 3) financial alternatives available to the City to assist the mobile home owners to purchase the park. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with a comment by Benz on item (b) and the exception of item (h) which was withdrawn and continued as requested by staff, and the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky, (i) Benz, (j) Bowler and (k) Benz. Motion Reviczky, second Bowler. 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 24, 1998. Action: To approve the minutes of the Regular Meeting of March 24, 1998 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12237 THROUGH 13400 INCLUSIVE, NOTING VOIDED CHECK NOS. 13299 AND 13354, AND TO APPROVE CANCELLATION OF CHECK NOS. 13257 AND 13271 AS RECOMMENDED BY THE CITY TREASURER. Councilmember Benz questioned if staff has explored a less expensive provider of electricity than Southern California Edison. City Manager Stephen Burrell responded that the City was exploring other options. 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 DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Michael Earl dated April 1, 1998. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1) Claimant: Martinsons, Julien A. Date of Loss: 11/08/97 Date Filed : 03/26/98 Allegation : Claimant stepped barefoot on hot barbecue coals in City park; claims the City was negligent for not posting signs re "No dumping of hot coals on ground." (e) RECOMMENDATION TO APPROVE AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) REIMBURSABLE CONTRACT FOR IMPLEMENTATION OF THE PROJECT TO REMOVE ARCHITECTURAL BARRIERS TO THE DISABLED AT CITY HALL. Memorandum from Community Development Director Sol Blumenfeld dated March 26, 1998. Action: To approve the staff recommendation to authorize the Mayor to execute the amended contract as stipulated by the Los Angeles County Community Development Commission (CDC) which: 1.grants a time extension until June of 1999 for the completion date; and, 2.increases the contract amount by $140,664. (f) RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING TRAFFIC SIGNAL LOCATIONS AND STOP INTERSECTIONS THROUGHOUT THE CITY. Memorandum from Public Works Director Harold Williams dated April 7, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to add a signal location that had not been noted. Action: To approve the staff recommendation to: 1) adopt Resolution No. 98-5911, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING TRAFFIC SIGNAL LOCATIONS.", as amended to include the signal at Aviation Boulevard and Ocean Drive; and, 2) adopt Resolution No. 98-5912, entitled, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 88-5185 AND AMENDING RESOLUTION N.S. 2435, SECTION 3, BY ESTABLISHING A NEW LISTING OF STOP INTERSECTIONS THROUGHOUT THE CITY." Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 18, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 18, 1998. (h) RECOMMENDATION TO INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL RENOVATIONS C.I.P. NO. 95-622). Memorandum from Fire Chief Pete Bonano dated April 6, 1998. This item was removed from the consent calendar by staff in order to request its continuance to the next meeting. Action: To continue this item to the meeting of April 28, 1998. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE GTE FRAME RELAY FRACTIONAL T-1 SERVICES (128K), EARTHLINK INTERNET ACCESS, AND GTE WEB PAGE HOSTING FOR THE CITY; APPROVE AN ALLOCATION OF $7,475 FROM THE GENERAL FUND TO THE DATA PROCESSING BUDGET TO PAY FOR START-UP COSTS OF THE SERVICE; AND, APPROVE AN ALLOCATION OF $11,000 FROM THE GENERAL FUND TO THE DATA PROCESSING BUDGET TO PAY FOR THE ANNUAL COSTS OF THE SERVICE. Memorandum from Assistant City Manager Mary Rooney dated April 7, 1998. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Assistant City Manager Rooney responded to Council questions. Data Technician Joe Duckett also responded to Council questions. Action: To approve the staff recommendation to approve: 1.a) GTE Frame Relay Fractional T-1 Services (128K); b) Earthlink Internet access; 2.c) GTE Web Page hosting for the City; and, 3.An allocation of $9,309 from the General Fund to the Data Processing budget to pay for start-up costs of the service ($7,475) and annual costs ($1,834) prorated for remainder of FY 97-98. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE AMENDMENT TO THE DESIGN CONTRACT FOR THE COMMUNITY CENTER SKATE TRACK PROJECT (CIP 97-525) TO INCLUDE DESIGN OF THE COMMUNITY CENTER TENNIS COURTS (CIP 98-526) AND APPROPRIATE $15,400 FROM THE 4% UUT FUND TO THE COMMUNITY CENTER TENNIS COURT PROJECT TO PAY FOR THESE SERVICES. Memorandum from Public Works Director Harold Williams dated April 7, 1998. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Public Works Director Williams responded to Council questions, saying the additional cost was needed for engineering because the tennis courts would be built on what is now a sloping hillside area. Action: To approve the staff recommendation to 1. Approve amendment to the design contract for the Community Center Skate Track Project (CIP 97-525) between the City of Hermosa Beach and Lawrence Moss & Associates to include design of the Community Center Tennis Courts (CIP 98-526); and, 2. Appropriate $15,400 ($14,000 plus ten percent contingency of $1,400) from the four percent UUT Fund (126) to the Community Center Tennis Court Project (CIP 98-526) to pay for these services. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 1, 1998 THROUGH DECEMBER 31, 2000. Memorandum from Councilmembers Reviczky and Oakes dated March 25, 1998. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Councilmember Reviczky said the contract should be amended to show the closing date as December 31, 1999. Action: To approve the revised amendment to the employment agreement with the City Manager effective January 1, 1998, to December 31, 1999, which includes: 1.an annual salary of $111,300.00; and, 2.the City shall pay the full cost of the City Manager's participation in one of the City's deferred compensation programs. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING A REVISED RECORDS RETENTION SCHEDULE FOR THE CITY OF HERMOSA BEACH. Memorandum from City Clerk Elaine Doerfling dated April 8, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5909, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING RETENTION SCHEDULE NO. 2 FOR THE MAINTENANCE AND DISPOSITION OF CITY RECORDS." (m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24753 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 226 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated April 6, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5910, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24753 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 226 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." 2. CONSENT ORDINANCES - None At 8:09 P.M. the order of the agenda was suspended to go to the public hearing starting with item 4. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (i), (j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. TEXT AMENDMENT TO MODIFY M-1 ZONE PERMITTED USE LIST. (continued from meeting of March 24, 1998) Memorandum from City Manager Stephen Burrell dated April 9, 1998. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:10 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:10 P.M. Action: To approve the staff recommendation to continue the public hearing to the regular City Council meeting of May 12, 1998. Motion Bowler, second Oakes. The motion carried by a unanimous vote. HEARING Councilmembers Benz and Reviczky declared a potential conflict of interest due to living within the project boundaries and left the dais and the room at 8:11 P.M. 5. REVIEW OF ASPEN REPORT. Memorandum from City Manager Stephen Burrell dated April 1, 1998. Supplemental information from Dr. Frank Bercha, Aspen Group, received April 14, 1998. City Manager Burrell presented the staff report and responded to Council questions. The hearing opened at 8:12 P.M. Coming forward to address the Council on this item were: Dr. Frank Bercha - Aspen Group, spoke to his report; gave a presentation with visual transparencies; and, responded to Council questions; gave his assessment that the risks were significant and should be mitigated; Don Macpherson - President of Macpherson Oil, gave a background on the history of this project; said that there had been seven parts H2S on tests of current wells in the City; Tim Chambers - author of the original risk study done in 1995 for Macpherson Oil, submitted information directly to the Council; disagreed that more study would change the findings of his study and assessment that the risks were insignificant; John Bundy - Pharmocal, gave his background as an expert witness; said that 5 to 10 ppm of H2S were considered very low, 20 ppm met the OSHA standard for eight hour exposure, 50 ppm met the OSHA standard for 15 minute exposure; and 100 ppm had a "no effect" level on test animals; Scott Alden - 646 Sixth Street, said the Aspen Group analysis supported the "Stop Oil" contention that there are significant risks to the project; urged the Council to undertake the additional risk assessment studies and require a new E.I.R.; Laura Katayama - 1045 Manhattan Avenue, said that even if the risk was insignificant, the project would be a blight on the community and would create nuisances that would affect the quality of life; noted that this was a densely populated area and urged the Council to pursue additional study; Mark Arrowood - 612 Sixth Street, said that using the Santa Barbara matrix, which is an accepted industry standard, would provide objective information; urged further study; Eli Gould - 230 24th Street, said the use of rats in the study on the effects of H{Special Char 50 in Font "Desdemona"}S exposure could not provide conclusive results since the brain of a rat differs from that of a human; said that the studies referred to have been on short term effects only and urged further study on long term health effects plus a review of the health risks to children, the elderly and those in poor health, not just for healthy adults; George Schmeltzer - 275 Valley Drive, said there were 1,500 homes within 1,500 feet of the project and hundreds of families using the parks near the project; said the voters had rejected oil in the last ballot and if the Council could not reject the oil project then the least they should do is to continue the risk assessment study; and, Adam Burt - 403 Second Street, asked for more details from John Bundy. The hearing closed at 10:05 P.M. Action: To approve a further study by the Aspen Group of an integrated risk assessment that gives a real comparison, in layman's terms, of the statistical probability of the risk being significant or insignificant. Motion Oakes, second Bowler. The motion carried, noting the absence of Benz and Reviczky. The meeting recessed at 10:20 P.M. The meeting reconvened at 10:43 P.M. Action: To consider item 6 at this time rather than returning the order of the agenda to item 3. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. MUNICIPAL MATTERS 6. SIDEWALK REQUIREMENTS ON AMBY PLACE. Memorandum from Public Works Director Harold Williams dated March 8, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Community Development Director Blumenfeld and City Manager Burrell also responded to Council questions. Public participation opened at 11:07 P.M. Coming forward to address the Council on this item were: Al Valdes - 2840 Amby Place, spoke of the unique neighborhood characteristics of the one block cul-de-sac street that had very large lots; said that sidewalks were not needed as a safety factor due to the lack of vehicular traffic; said sidewalks had not been required on Tennyson, another street in the neighborhood, when new construction had occurred; and, Robert Wickwire - 2900 Amby Place, said that the residents of the street did not want sidewalks and if sidewalks were required they would be "sidewalks to nowhere" as the two properties at the end of the street had driveway access only Public participation closed at 11:12 P.M. Action: To direct staff to exempt Amby Place from sidewalk requirements but to require, at a minimum, an asphalt roll curb be installed at the pavement edge as a protection for the pavement. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. Action: To direct staff to return to Council with an item regarding the measurement difference, if any, of the setback requirement from the property line versus the setback requirement from the nearest public improvement, and how the sidewalk exemption might affect this measurement. Motion Mayor Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. At the hour of 11:14 P.M. the order of the agenda was returned to item 3. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. REQUEST FOR CONSIDERATION TO WAIVE AUTOMATIC VACANCY PROVISION UNDER SECTION 2.32.20 OF MUNICIPAL CODE DUE TO MATERNITY LEAVE. Memorandum from Community Development Director Sol Blumenfeld dated March 23, 1998. Action: To approve the request from Planning Commissioner Carol Schwartz to waive the automatic vacancy provision under Section 2.32.20 of the Municipal Code due to maternity leave. Motion Oakes, second Bowler. The motion carried by a unanimous vote. b. PROPOSITION 223 - SCHOOL SPENDING LIMITS ADMINISTRATION. Memorandum from City Manager Stephen Burrell dated April 9, 1998. Coming forward to address the Council on this item was: Mary Lou Weiss - School Board Chairperson, said that this measure was drafted to affect a school district the size of Los Angeles Unified School District; said that it was almost impossible for a small school district such as Hermosa Beach to comply with the mandatory five percent administration cap that would be imposed by the proposition; said if the proposition passed, and Hermosa Beach School District could not comply, the district would be fined $200 per student which would go to the state; and, said if this proposition passed, within two years the Hermosa Beach School District would be gone. Action: To go on record as opposing Ballot Measure 223 and to direct that all appropriate measures be taken to show the Council's opposition. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. c. FAIR HOUSING AMENDMENTS ACT OF 1998 - HR3206. Memorandum from City Manager Stephen Burrell dated March 30, 1998. City Manager Burrell responded to council questions. Action: To continue this item to a future meeting. Motion Oakes, second Mayor Edgerton. The motion carried by a unanimous vote. d. RESOLUTION SUPPORTING THE RETENTION OF 310 AREA CODE IN THE SOUTH BAY CITIES. Memorandum from Councilmember Reviczky dated April 9, 1998. Supplemental letter from the Los Angeles County Board of Supervisors, received April 14, 1998, endorsing the concept of "overlay" area codes. Councilmember Reviczky spoke to his memorandum. Action: To approve the staff recommendation to adopt Resolution No. 98-5913, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE DEVELOPMENT OF A RELIEF PLAN THAT WOULD ALLOW THE CITY OF HERMOSA BEACH AND THE SOUTH BAY CITIES TO RETAIN THE 310 AREA CODE AND THE PLAN IS TO ENCOMPASS THE ENTIRE BOUNDARY OF THE CITY OF HERMOSA BEACH AND THE SOUTH BAY CITIES.", and to direct staff to forward the Resolution to the appropriate agencies. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Action: To support the concept of "overlay" area codes for all new faxes, pagers, cell-phones, computer modems and all other mobile phone uses. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request from Councilmember Reviczky to direct the Parks, Recreation and Community Resources Advisory Commission to review the activities/uses of the Clark Building concerning private parties and report back to the City Council with a recommendation. Councilmember Reviczky spoke to his request. Community Resources Director Mary Rooney responded to Council questions. Action: To direct the Parks, Recreation and Community Resources Advisory Commission to review the activities/uses of the Clark Building concerning private parties and report back to the City Council with a recommendation. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. City Manager Burrell informed the Council of an FAA meeting on LAX expansion scheduled for April 28, 1998, at 7:00 P.M., which will be in conflict with the next regularly scheduled City Council meeting, but suggested that a Council representative be in attendance at that meeting. Action: It was the consensus of the Council that Mayor Edgerton attend the FAA meeting with a member of City staff. 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 REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8 Property: 1309 Bard Street Negotiating Parties: Stephen Burrell Russ Lesser Under Negotiation: Price Russ Lesser ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 14, 1998, at the hour of 11:35 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:40 P.M. At the hour of 11:45 P.M. the Closed Session adjourned to the Adjourned 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, April 14, 1998, at the hour of 11:45 P.M. to the Regular Meeting of Tuesday, April 28, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 28, 1998, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Irv Ruben ROLL CALL: Present: Bowler, Reviczky, Mayor Pro Tempore Benz Absent: Oakes, Mayor Edgerton (arrived at 8:24 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Reviczky announced that the next workshop for the Skateboard Track would be next Wednesday, May 6, 1998, at 7:00 P.M. at the proposed site at the Community Center and urged those interested to attend. Councilmember Bowler congratulated the hard work and dedication shown by the 100 young people who had attended the last Skateboard Track workshop. PROCLAMATION: NATIONAL PUBLIC WORKS WEEK: MAY 17-23, 1998 Mayor Pro Tempore Benz donned an orange Public Works vest, read the Proclamation and presented it to Public Works Director Harold Williams, Public Works Superintendent Michael Flaherty and Public Works Contract Engineer Joe Mankawich. Director Williams thanked the Council for recognizing the Public Works Department and its contribution to the community. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Irv Ruben - non-resident, spoke in favor of allowing unleashed small dogs at large; Celeste Coar - Loma Drive, said that she had not received prior notice of, and expressed opposition to, the proposed change in preferential parking regulations which would allow year-round, until 10:00 P.M., resident permit parking; Maria West - 615 Seventh Street, spoke in favor of civil disobedience against the leash law for small dogs; Merna Marshall - 33rd Place, spoke in opposition to the proposed changes in preferential parking regulations and said that she had not received notice of the hearing; asked that it be imposed only in the downtown area; Lisa Ryder - 1940 Monterey Blvd., presented petition in opposition to the proposed changes in preferential parking regulations and said that she had not received notice of the hearing; suggested a different time schedule; Lauren Gezurian - 833 14th Street, asked that item 1(k) be removed from the consent calendar in order to ask the Council to appeal item #15 regarding a project at 840 15th Street; submitted information; and, Don Karasevicz - 840 15th Street, owner and developer of the property in question above, spoke in favor of his project and requested a copy of information submitted by Ms. Gezurian. (b) COUNCIL COMMENTS: Councilmember Reviczky questioned the noticing for the preferential parking changes. City Manager Stephen Burrell said that the Coastal Commission had mailed out over 8,000 notices. City Manager Burrell removed several items from the agenda noting that the following items would be continued to the meeting of May 12, 1998: item c(1) at the request of Roger Bacon; and items 1(j) and 6 at the request of staff. Mr. Burrell said that the public hearing, item 4, needed to be continued for additional research. At 7:52 P.M. the order of the agenda was suspended to go to the public hearing, item 4. (c) WRITTEN COMMUNICATION: 1. Letter from Roger Bacon dated April 7, 1998 regarding permits for fundraising activities in Greenwood Park. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by Roger Bacon, author of the letter. (Oakes and Mayor Edgerton absent) 2. Letter from Gary Kazanjian dated April 13, 1998 regarding street parking in front of driveways by property owners/renters. Action: To direct staff to research this request and return to Council with a recommendation. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton. 3. Letter from Russell Keller dated April 21, 1998 re placement of a vendor cart on Lower Pier Avenue. Coming forward to address the Council on this item was: Russell Keller - spoke to his letter and explained the process for vending carts in Santa Monica; responded to Council questions. City Manager Burrell responded to Council questions saying that the City has been gathering letters of interest on vending carts but does not have a method for evaluating or processing requests at this time. Action: To direct staff to research methods used in other cities and return to Council with suggestions to start the process. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l) with the exception of item (j) which was withdrawn and continued by staff to the next meeting and the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (k) Bowler for Lauren Gezurian. Motion Bowler, second Reviczky. The motion carried, noting the absence of Oakes and Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on April 14, 1998. Action: To approve the minutes of the Regular Meeting of April 14, 1998, as presented. (Oakes and Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13401 THROUGH 13546 INCLUSIVE, NOTING VOIDED CHECK NO. 13542, AND TO APPROVE CANCELLATION OF CHECK NOS. 12300, 13391 AND 13407 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Oakes and Mayor Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes and Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MARCH, 1998, FINANCIAL REPORTS. Action: To receive and file the memorandum regarding the delay of the March, 1998, Financial Reports due to preparation of the 1998-99 City Budget. (Oakes and Mayor Edgerton absent) (e) RECOMMENDATION TO APPROPRIATE DONATIONS TO THE POLICE AND COMMUNITY RESOURCES DEPARTMENTS. Memorandum from Finance Director Viki Copeland dated April 20, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to recognize the donors and publicly thank them. Action: To approve the staff recommendation to appropriate the following donations from:. 1.Hermosa Beach Kiwanis Club for $112.00 to the Police Department for motorcycle equipment; and, 2.Marketing and Promotions for $227.01 to the Community Resources Department for "Eggstravaganza." Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes and Mayor Edgerton. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 15, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of April 15, 1998. (Oakes and Mayor Edgerton absent) (g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND PROJECT TOUCH FOR THE USE OF ROOM 3 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 20, 1998. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Project Touch and the City for the use of Room 3 in the Community Center at a rate of $492 per month (529 sq.ft. X $.93 per sq.ft.) from June 1, 1998, through June 30, 1998, and $518.42 per month (529 sq.ft. X $.98 per sq.ft.) from July 1, 1998, through May 31, 1999, for a total rental income of $6,221; and, 2) authorize the Mayor to sign the lease. (Oakes and Mayor Edgerton absent) (h) RECOMMENDATION TO APPROVE COMMUNITY CENTER LEASE RATES FOR FISCAL YEAR 1998-1999 AT $.98 PER SQUARE FOOT AND FOR FISCAL YEAR 1999-2000 AT $1.03 PER SQUARE FOOT AND APPROVE AMENDMENTS TO EXISTING LEASES. Memorandum from Community Resources Director Mary Rooney dated April 20, 1998. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation: 1.Approve a five cent ($.05) per sq. ft lease rate increase for each of the next two years as follows: 1.FY 1998-1999 @ $.98 per square foot, and 2.FY 1999-2000 @ $1.03 per square foot; and, 2. Approve Amendments to existing leases with South Bay Free Clinic, Easter Seal Society, South Bay Center for Counseling, The Association for Retarded Citizens - Southwest, and Los Angeles County Superintendent of Schools to reflect the newly approved lease rates. (Oakes and Mayor Edgerton absent) (i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE FINANCE DIRECTOR AS THE DESIGNATED AGENT FOR ALL MATTERS PERTAINING TO FEDERAL AND STATE DISASTER ASSISTANCE. Memorandum from Finance Director Viki Copeland dated April 23, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5914, entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, STATE OF CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR AS DESIGNATED AGENT TO PROVIDE, TO THE STATE OFFICE OF EMERGENCY SERVICES, FOR ALL MATTERS PERTAINING TO SUCH STATE DISASTER ASSISTANCE, THE ASSURANCES AND AGREEMENTS REQUIRED." (Oakes and Mayor Edgerton absent) (j) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH L.A. COUNTY PUBLIC WORKS FOR THE EDUCATIONAL SITE VISIT REIMBURSEMENT PROGRAM. Memorandum from Public Works Director Harold Williams dated April 13, 1998. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by staff. (Oakes and Mayor Edgerton absent) (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 21, 1998. This item was removed from the consent calendar by Councilmember Bowler, at the request of Lauren Gezurian, for separate discussion of #15 later in the meeting. Coming forward to address the Council on this item were: Lauren Gezurian - 833 14th Street, explained her concerns with the project regarding a 30 foot facade and the front door on the rear of the building directly facing her property; Donald Karasevicz - owner and developer of the project, spoke to his development; said it had been set back so that it would not obstruct the views on 15th Street; and, Aslam Amlani - 833 14th Street, said that his neighbor also is not in favor of this project but could not be here tonight. Community Development Director Blumenfeld and City Manager Burrell both responded to Council questions. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of April 21, 1998, with the exception of #15. Motion Mayor Pro Tempore Benz, second Bowler. The motion carried, noting the absence of Oakes and Mayor Edgerton. Action: To set item #15, Conditional Use Permit, Precise Development Plan And Vesting Tentative Parcel Map #21493 for a two-unit condominium at 840 15th Street, for a City Council appeal on Thursday, May 28, 1998. Appellants: Mayor Pro Tempore Benz and Bowler. (Oakes and Mayor Edgerton absent) (l) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 22, 1998. Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator : 1) Claimant: Christopher M. Scott Date of Loss: 10/22/97 Date Filed : 04/21/98 Allegation : Claimant alleges he was arrested, searched, and vehicle impounded, without cause or necessity. (Oakes and Mayor Edgerton absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At the hour of 8:25 P.M. the order of the agenda continued to item 5. PUBLIC HEARINGS 4. A RESOLUTION OF THE COUNCIL OF THE CITY OF HERMOSA BEACH DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. Memorandum from Public Works Director Harold Williams dated April 16, 1998. The public hearing opened at 7:52 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:52 P.M. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued for additional research as requested by staff. (Oakes and Mayor Edgerton absent) At the hour of 7:53 P.M. the order of the agenda went to item number 6. MUNICIPAL MATTERS 5. APPLICATION FOR TWO COMMERCIAL EVENTS: BILLIARDS BY THE BEACH (PIER PLAZA) AND STAR 98.7 BENEFIT CONCERT (BEACH). Memorandum from Community Resources Director Mary Rooney dated April 20, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 8:24 P.M. Coming forward to address the Council on this item was: Michael Shaldron - Billiards on the Beach, agreed with Community Resources Director Rooney that this was a low impact event as it was just billiard tables on the Plaza; said that after expenses he would collect 20 percent of the net proceeds and the additional 80 percent would go to charities, such as the Hermosa Beach Educational Foundation. Action: To approve the staff recommendation to approve the event application and authorize Mayor to sign event contract for Billiards By The Beach, at the Pier Plaza for August 21-23, 1998, with estimated fees of $8,275.36. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes and Mayor Edgerton. Continuing to come forward to address the Council were: Robert Lyles - Marketing Director of Star 98.7, said they estimated the crowd at 10,000 minimum as they planned to have an "A" group perform such as Cheryl Crow or Hootie and the Blowfish for this free "live concert on the beach"; said that the station planned lead-up events throughout the day with an emphasis on remote parking and shuttle use, possibly with preferential seating with shuttle use; and said they planned to use the same production company as before; Tom Binnion - 244 34th Street, with Star 98.7, said that this would be a tremendous publicity opportunity for the City; Dr. Mark Gold - Executive Director, Heal the Bay, said that Heal the Bay would be unable to be a co-sponsor of this event due to a commitment to Coastal Clean-up Day on the same date of September 19th; wished to clear a misconception by stating that Heal the Bay has never sued the City of Hermosa Beach and has worked to make the Herondo Storm Drain a #1 priority; and, Unidentified man - stressed that there would be a problem with that time period as the Pier was scheduled for repair and the Parking Structure would be under construction. Mayor Edgerton arrived at 8:48 P.M. Public participation closed at 9:07 P.M. Community Resources Director Rooney and City Manager Burrell responded to Council questions. Police Chief Val Straser also responded to Council questions saying that 10 to 15 officers would be used as 10,000 to 12,000 people in attendance was a realistic figure as the area could not hold more people. Action: To approve in concept the Star 98.7 Benefit Concert for September 19, 1998, with estimated fees of $12,475.40, and, with the addition to the contract that the first $25,000 of profit would accrue wholly to the Hermosa Beach Dedicated Storm Drain Diversion Fund and any funds above that amount would be shared equally with a charity of the performers' choice. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Oakes. Coming forward to address the Council was: Michael Fleisher - 84 Strand, requested to speak on item 4 and said that he was upset at the problems that had arisen regarding this project. The meeting recessed at 9:10 P.M. The meeting reconvened at 9:45 P.M. and went to item 7. 6. TRAFFIC STUDY - 6th STREET, 8th STREET AND ARDMORE AVENUE WEST OF PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated April 20, 1998. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of May 12, 1998, as requested by staff. (Oakes and Mayor Edgerton absent) At the hour of 7:54 P.M. the order of the agenda was returned to written communications, item c(1). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CONFIRM MEETING DATE OF MONDAY, JUNE 1, 1998, FOR BUDGET WORKSHOP. Memorandum from City Manager Stephen Burrell dated April 22, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To accept the date of June 1, 1998, for the budget workshop by Council consensus. (Oakes absent) 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. FAIR HOUSING AMENDMENTS ACT OF 1998 - HR3206. (Continued from meeting of April 14, 1998) Memorandum from City Manager Stephen Burrell dated March 30, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file this item. Motion Benz, second Reviczky. The motion carried, noting the absence of Oakes. 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: Gary Vincent - Fat Face Fenner's Falloon (FFFF), would appreciate a timely return of the Council review of FFFF's request. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 28, 1998, at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, May 12, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 12, 1998, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Merna Marshall, resident ROLL CALL: Present: Bowler, Reviczky, Acting Mayor Oakes Absent: Benz, Mayor Edgerton MAYOR'S COMMENTS/ANNOUNCEMENTS: None PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Rosamond Fogg - submitted copies of a press release regarding a community meeting to be held by the Stop Oil Coalition May 20, 1998 at the Clark Building; also submitted copies of a July 29, 1996 Ocean Oil Weekly Report article listing Macpherson Oil and 19 other California offshore operators between 1980 and 1995 who underpaid royalties to the U.S. government because they used a different benchmark price for oil; Con Flatley - expressed concern about the delays pertaining to the Fat Face Fenner's Fishack restaurant issue and questioned the Mayor's removal of the item from tonight's agenda; Steve Kenny - 635 Sixth Street, expressed concern about the FFFFishack issue, saying the delays were not in the best interest of business or fairness; and Gary Vincent - expressed concern that the FFFFishack delays were continuing. (b) COUNCIL COMMENTS: Acting Mayor Oakes said the FFFFishack item was not on tonight's agenda because of Mayor Edgerton's desire to participate, and noted that the issue would be on the next agenda for the May 28, 1998, meeting. Acting Mayor Oakes announced that the Hermosa Beach Firefighters Association's annual pancake breakfast was scheduled for Sunday, May 24, 1998, from 7:30 a.m. to noon at the Fire Station. (c) WRITTEN COMMUNICATION: 1. Letter from Roger Bacon dated April 7, 1998 regarding permits for fundraising activities in Greenwood Park. (Continued from meeting of April 28, 1998) City Manager Burrell suggested removing the item from the agenda as Mr. Bacon had requested another continuance. Action: Acting Mayor Oakes directed, with the consensus of the Council, to continue this item to a future meeting as requested by Roger Bacon. (Benz and Mayor Edgerton absent) 2. Letter from Laura Somers of the Redondo Union High School '98 Grad Night Committee requesting a donation for the event. Coming forward to address the Council on this item was: Laura Somers - representing the Redondo Union High School '98 Grad Night Committee, spoke to her request. Action: To approve the same monetary donation of $1,000 to the Redondo Union High School Grad Night Committee as had been previously been granted to the Mira Costa High School Grad Night Committee, since both schools had students from Hermosa Beach as graduating seniors. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton. 3. Letter from Rosamond Fogg dated April 28, 1998 regarding a request for AQMD study of carcinogenic risk relating to the oil project. Supplemental letter from Macpherson Oil received May 12, 1998. Coming forward to address the Council on this item was: Rosamond Fogg - 610 Sixth Street, spoke to her letter; asked the City to determine if this study had been undertaken by the AQMD. City Manager Stephen Burrell responded to Council questions and said that he would ask the AQMD to respond to Ms. Fogg's letter. Action: To direct staff to look into the request and to report back to Council once a response on the issue is received from AQMD; also to forward it to the Aspen group. Motion Bowler, second Acting Mayor Oakes. The motion carried, noting absence of Benz and Mayor Edgerton. 4. Letter from Administrative Services Co-op dated May 1, 1998 requesting discussion of the licensing of taxicabs under the new city code. Action: To receive and file the letter. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Reviczky. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on April 28, 1998. Action: To approve the minutes of the Regular Meeting of April 28, 1998, as presented. (Benz and Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13547 THROUGH 13659, NOTING VOIDED CHECK NOS. 13621 AND 13658. Action: To ratify the check register as presented. (Benz and Mayor Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz and Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the March, 1998, Financial Reports as presented. (Benz and Mayor Edgerton absent) (e) RECOMMENDATION TO APPROPRIATE $850 DONATION FROM BETTY BENOIT MEMORIAL FUND TO THE PUBLIC WORKS ADMINISTRATION/PARKS DEPARTMENT TO BE USED FOR THE PURCHASE OF A PARK BENCH AND PLAQUE. Memorandum from Finance Director Viki Copeland dated May 6, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to recognize the donors and publicly thank them. Action: To approve the staff recommendation to appro-priate the $850 donation from the Betty Benoit Memorial Fund to the Public Works Administration/Parks Department to be used for the purchase of a park bench and plaque. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton. (f) RECOMMENDATION TO AUTHORIZE MAYOR TO SIGN AN AGREEMENT WITH HARRIS & ASSOCIATES, INC. FOR CONTRACT ADMINISTRATION AND INSPECTION SERVICES FOR THE NORTH PIER PARKING STRUCTURE IN THE AMOUNT OF $275,570. Memorandum from Public Works Director Harold Williams dated May 5, 1998. Action: To approve the staff recommendation to 1) Authorize the Mayor to sign an agreement with Harris & Associates, Inc. for Contract Administration and Inspection Services for the proposed parking structure north of Pier Avenue, in the amount of $275,570 plus $41,335 as a fifteen percent contingency for a total of $316,905; and, 2) Authorize the Director of Public Works to issue addenda as necessary within the budget limitation. (Benz and Mayor Edgerton absent) (g) RECOMMENDATION TO BREAK THE MUNICIPAL PIER RENOVATION PROJECT INTO TWO PROJECTS; THE MUNICIPAL PIER STRUCTURAL RETROFIT AND THE MUNICIPAL PIER ARCHITECTURAL UPGRADES, APPROVE AN AMENDMENT TO THE PIER RENOVATION DESIGN CONTRACT WITH HARDING, LAWSON & ASSOCIATES TO BREAK THE PROJECT INTO TWO PHASES AND ADD $4,510 TO THE CONTRACT TO COVER THESE CHANGES; AND ALLOCATE $2,550 IN COUNTY PROP A OPEN SPACE FUNDS TO THE MUNICIPAL PIER ARCHITECTURAL UPGRADES PROJECT TO COVER THE COSTS FOR ARCHITECTURAL RENDERINGS. Memorandum from Public Works Director Harold Williams dated May 5, 1998. Action: To approve the staff recommendation to: 1.Break the Municipal Pier Renovation Project (CIP 95-620) into two projects: 1.the Municipal Pier Structural Retrofit (CIP 95-620);and, 2.the Municipal Pier Architectural Upgrades (CIP 98-621); 2.Approve an amendment to the Pier Renovation design contract with Harding, Lawson Associates to break the project into two phases, and add $4,510 to the contract to cover these changes; and 3.Allocate $2,550 in County Prop A Open Space Funds(121) to the Municipal Pier Architectural Upgrades Project (CIP 98-621) to cover the costs for architectural renderings. (Benz and Mayor Edgerton absent) (h) RECOMMENDATION TO AWARD CONSTRUCTION MANAGEMENT CONTRACT FOR THE MUNICIPAL PIER RENOVATION TO CONCEPT MARINE IN THE AMOUNT OF $187,620; PRESCRIBE THAT THE DIRECTOR OF PUBLIC WORKS REJECT ALL OTHER PROPOSALS; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN 10% OF THE CONTRACT COST. Memorandum from Public Works Director Harold Williams dated May 5, 1998. Action: To approve the staff recommendation to: 1.Approve award of the construction management contract for the Municipal Pier Renovation to Concept Marine in the amount of $187,620; 2.Direct that the Director of Public Works reject all other proposals; and 3.Authorize the Director of Public Works to make minor changes as necessary within ten percent of the contract cost for a total cost of $206,382 . (Benz and Mayor Edgerton absent) (i) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF LOS ANGELES PUBLIC WORKS DEPARTMENT FOR THE EDUCATIONAL SITE VISIT REIMBURSEMENT PROGRAM. Memorandum from Public Works Director Harold Williams dated May 7, 1998. Action: To approve the staff recommendation to authorize the City Manager to sign the Memorandum of Understanding with The County of Los Angles Public Works Department for the educational site visit reimbursement program that will provide approximately $7,000 per year in reim-bursement to the City. (Benz and Mayor Edgerton absent) (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1998-99 MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 98-5907; AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENT WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, THROUGH JUNE 30, 1999, AND SETTING JUNE 9, 1998, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Harold Williams dated May 4, 1998. Action: To approve the staff recommendation to: 1.adopt Resolution No. 98-5915, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPE AND STREET LIGHTING DISTRICT 1998-1999."; and, 2.adopt Resolution No. 98-5916, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1998-1999 FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (Benz and Mayor Edgerton absent) (k) RECOMMENDATION TO APPROPRIATE $30,000 IN PARK AND RECREATION TAX FUNDS(125) TO COVER COSTS FOR REHABILITATION OF TENNIS AND BASKETBALL COURT SURFACES LOCATED AT THE COMMUNITY CENTER AND CLARK FIELD. Memorandum from Public Works Director Harold Williams dated May 5, 1998. Action: To approve the staff recommendation to appropriate $30,000 in Park and Recreation Tax Funds(125) to cover costs for rehabilitation and resurface of tennis courts #1 through #4, located at the Community Center and the two tennis and two basketball courts at Clark Field. (Benz and Mayor Edgerton absent) (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP # 24696 FOR 3-UNIT CONDOMINIUM PROJECT AT 1550 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated April 30, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5917, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24696 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 1550 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (Benz and Mayor Edgerton absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(e) was heard at this time but is 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. MOBILEHOME PARK REGULATIONS - MARINELAND MOBILEHOME PARK. Memorandum from City Manager Stephen Burrell dated May 7, 1998. Supplemental letter from G. Steven Anderson, attorney for the Marineland Mobilehome Park property owners, received May 12, 1998. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions, saying that jurisdiction applied mainly to inspection and maintenance of the Mobilehome Park. Public participation opened at 7:37 P.M. Coming forward to address the Council on this item were: Marie Horowitz - president of the Marineland Mobilehome Park Homeowners Association, requested that Council enact a rent-freeze urgency ordinance tonight; said local control would be better than state control; Catherine Kenny - Space #28, said market value is different for mobilehomes; submitted an Irvine World News article on how the Irvine City Council helped a non-profit agency purchase a mobilehome park at the request of residents; Steve Anderson - attorney representing Marineland Mobilehome Park property owners, spoke to his letter; Susan Moss - co-owner of the Mobilehome Park site, responded to Council questions; said that her stay in the Mobilehome Park was intended to be of a short-term duration; Sharon St. Clair - 25550 Hawthorne Blvd., Torrance, management company for the Mobilehome Park, responded to Council questions pertaining to state-required setbacks and current number of occupied versus vacant spaces; said 15 spaces had been acquired by the park owners since 1986; said the spaces currently rent from $395 to $795 per month and that the recent increase brought the rents closer together in price; said they were offering five-year leases; Sandra Garcia - Space #9, questioned why the rents needed to be brought closer together since some of the older residents could not afford higher rent; said signing a long-term lease would negate participation in rent stabilization; Scott Kenny - Space # 28, said the rent increases have exceeded the CPI; Darlene Sinatra - Space #52, expressed concern about the rent increases; cited problems with gas leaks; Mary Hudson - Space #56, presented a copy of her letter submitted April 7, 1998; and Ramona Stewart - Space #43, discussed the rent increases that have occurred since she moved in eight years ago. Public participation closed at 8:25 P.M. Action: To: 1.direct staff to begin the process of taking over jurisdiction from the state; 2.direct staff to obtain the correct figures over the past five years for rent increases including fees, utility cost additions and all other added charges; 3.direct staff to bring back more information with regard to the lot sizes, new coach sizes and setback requirements; 4.direct staff to return with more information on the mobilehome resident ownership program; and, 5.appoint Councilmembers Reviczky and Bowler as a subcommittee to meet with the mobilehome park residents and owners. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton. The meeting recessed at the hour of 8:35 P.M. The meeting reconvened at the hour of 8:58 P.M. 5. 6th STREET TRAFFIC STUDY - PACIFIC COAST HIGHWAY TO ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated May 6, 1998. Public participation opened at 9:00 P.M. As no one came forward to address the Council on this item, public participation closed at 9:00 P.M. Action: Acting Mayor Oakes directed, with the consensus of the Council, that this item be continued to the meeting of Thursday, May 28, 1998, in order to have a quorum present, as Councilmember Reviczky had declared a potential conflict of interest due to living within the area. (Benz and Mayor Edgerton absent) 6. ACKNOWLEDGMENT OF AMENDMENT TO COASTAL COMMISSION PERMIT FOR PREFERENTIAL PARKING PROGRAM AND LETTERS FROM RESIDENTS REQUESTING CHANGES IN THE PREFERENTIAL PARKING PROGRAM IMPLEMENTATION. Memorandum from City Manager Stephen Burrell dated May 7, 1998. Supplemental petition from South Bay Adult School Parent Education Program students and staff urging reconsideration of parking enforcement changes. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:05 P.M. Coming forward to address the council on this item were: Winston Marshall - 360 - 33rd Place, suggested that the changes be imposed only in the impacted area and that the remaining areas be left alone at this time; said the beach parking problems were different from the nighttime problems and should be handled separately; Janet Buckley - 125 25th Street, opposed the changes as a resident and as a South Bay Adult School teacher; said the changes would impact the school, that parents have difficulty with street parking in the mornings between May 15 and June 15, noting that the school's on-site parking area accommodates afternoon parking needs; said one-hour parking is useless and suggested that the areas further away from the downtown be reassessed; Merna Marshall - 360 33rd Place, suggested attaching a letter to the Coastal Commission form stating that the city reserves the right to change less than what was approved; said parts of the preferential parking area do not have parking problems; said her area did not have a daytime weekday parking problem and suggested no daytime enforcement there Tuesday through Friday; Lisa Ryder - 1940 Monterey Blvd., said the parking problems lessen at 19th Street and opposed allowing areas to opt in or out as traffic would then go the extra half block to park in her neighborhood; thought 10 a.m. to 10 p.m. year-round enforcement was too restrictive; said the only real problems occur nights and weekends and suggested addressing only those hours; suggested offering residents more than one guest pass; Celeste Coar - Loma Drive, suggested that any changes to the hours be temporary since she was not convinced that was the solution; suggested a study of other cities, noting that Beverly Hills offers resident-only parking; suggested that the City work with businesses to allow nighttime parking in the private lots of those businesses that open only during the day, like the post office and other office buildings; Leslie Murdock - Hermosa View Drive, said St. Cross Church is not affected by evening restaurant and bar users but is affected by beachgoers on weekends; said when the church's three parking lots fill up during services, member parking spills over into the street; said extending the parking restrictions year-round would create a great impact on the church membership; Barbara Force - 1950 Monterey Blvd., expressed concern about imposing year-round restrictions from 10 a.m. to 10 p.m. and about the current limits on guest parking permits; said allowing some areas to opt out would simply move the congestion to another area; suggested expanding guest parking for the residents; and Paul Lawson - Pastor, St. Cross Church, 1818 Monterey Blvd., noted that nearby residents use the church parking lots during the week when they are not needed for church services; said he would like the church to be involved with finding a solution to the parking problems. Public participation closed at 9:25 P.M. Action: To: 1.receive the Notice of Intent to Issue an Amendment to Permit and direct City Manager to execute and return to Coastal Commission, as recommended by staff; 2.direct staff to enforce the amended hours (10 a.m. to 10 p.m.) in the preferential parking area from Sixth to 16th streets on a six-month trial basis; and 3.appoint Councilmember Reviczky and Acting Mayor Oakes as a subcommittee to hold neighborhood meetings and work with residents in the other areas to see how they are affected. Motion Reviczky, second Acting Mayor Oakes. The motion carried, noting the absence of Benz and Mayor Edgerton. 7. REVISED PROPOSAL FOR A BEACH CONCERT ON SEPTEMBER 19, 1998. Memorandum from City Manager Stephen Burrell dated May 6, 1998. Supplemental letter from Tom Binnion received May 12, 1998. City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Rooney and Police Chief Straser also responded to Council questions. Public participation opened at 9:35 P.M. Coming forward to address the council on this item were: Tom Binnion - 244 - 31st Street, representing radio station Star 98.7FM, spoke to his letter proposing that the City receive 100 percent of the net proceeds up to the first $10,000 and 50 percent of any profits above that amount rather than the guaranteed $25,000 minimum previously approved by Council, which he said was unrealistic; said Hootie and the Blowfish were interested in doing the concert; and Robert Lyles - marketing director of Star 98.7, said the concert they did here three years ago was the first one they had done; said because that concert was a good experience for everyone and Hermosa Beach was an ideal community for their listeners, the station wanted to do another concert on the beach. Public participation closed at 9:40 P.M. Action: To receive and file the revised proposal. Motion Reviczky, second Acting Mayor Oakes. The motion carried, noting the dissenting vote of Bowler and the absence of Benz and Mayor Edgerton 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. VEHICLE LICENSE FEES. Memorandum from City Manager Stephen Burrell dated May 5, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to take a position of opposing the repeal of the Vehicle License Fee program. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton. b. ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AGREEMENT - PATRICK MALLOY'S RESTAURANT. Memorandum from City Manager Stephen Burrell dated May 6, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file letter from the ABC District Office without taking any action; and to direct staff to return with outdoor dining guidelines for Council review. Motion Bowler, second Acting Mayor Oakes. The motion carried, noting the absence of Benz and Mayor Edgerton. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a) Request from Councilmember Benz to consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach. Action: Acting Mayor Oakes directed, with the consensus of the Council, to continue this item to the next meeting due to the absence of Councilmember Benz. 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 LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Pursuant to Government Code § 54956.9(a) Name of Case: Stern v. City of Hermosa Beach Case Number: YC028739 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 12, 1998, at the hour of 10:40 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:02 P.M. At the hour of 11:20 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 12, 1998, at the hour of 11:21 P.M., to the Regular Meeting of Tuesday, May 26, 1998 at the hour of 7:10 P.M. (Pursuant to Council policy, because the preceding Monday [May 25] is a holiday, said Regular Meeting will adjourn to an Adjourned Regular Meeting to be held on Thursday, May 28, 1998, at the hour of 7:10 P.M.) ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 21, 1998, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Jean Lombardo, resident ROLL CALL: Present: Bowler, Acting Mayor Reviczky Absent: Benz, Oakes, Mayor Edgerton (arrived about 7:30 P.M.) Although there was not a quorum at 7:10 P.M., since this was an information-only meeting, and since Los Angeles International Airport (LAX) representatives had indicated they could stay only until about 9:00 P.M. or so, Acting Mayor Reviczky called the meeting to order to ensure adequate time for the LAX presentation and for public comments and responses. PRESENTATION ON LAX AIRPORT EXPANSION ISSUE BY LYDIA KENNARD, DEPUTY EXECUTIVE DIRECTOR FOR PLANNING AND ENGINEERING Acting Mayor Reviczky said LAX representatives were here to discuss the proposed airport expansion. He said the City had originally anticipated the FAA's presence this evening as well to discuss noise complaints, but that the FAA would come to a future meeting, probably in June. He encouraged members of the public to come forward after the presentation with comments or questions pertaining to the LAX expansion, but suggested that noise questions be held until the meeting with the FAA. Lydia Kennard, Deputy Executive Director, Los Angeles World Airports, made her presentation with the aid of a slide show illustrating the proposed airport expansion alternatives, which included reconfiguration of LAX's four existing runways and the addition of one or more new runways, new western terminal facilities, additional airport entrances and a ring road around the airport, the installation of an automated people mover system to move people from the existing central terminal to the new western terminal and back, and increased cargo facilities. She said enlarging the airport facilities was needed to accommodate the projected annual increase in passengers from 60 million to 98 million and the near doubling of cargo expected to occur by the year 2015. She said they could not prevent growth from occurring but, by developing a master plan, LAX could expand to meet that growth and at the same time reduce impacts such as traffic congestion, improving current conditions. She said connecting passengers, although they are counted in terms of traffic, do not impact the local community because they do not leave the airport, unlike origin and destination passengers. She stressed the importance of airports being accessible to where people live and work, said a large number of jobs in the area currently are dependent directly or indirectly on LAX, and that the expansion would bring in more jobs. She said the expansion at LAX would enhance its role as an international gateway in the future, noting that LAX is the only international venue in the region, and that they will be depending on all other regional airports to expand, including Ontario Airport and Palmdale Regional Airport, which they also own and operate. She said the project would cost $8 billion to $12 billion, that it included beautification of the areas adjacent to the airport, and that funding would come from existing sources such as airport concession sales and airplane ticket taxes. She discussed LAX's noise mitigation program and the soundproofing they are performing on Los Angeles homes, noting that they also fund soundproofing in neighboring jurisdictions. Re air quality, she said new aircraft would be quieter and cleaner and that by federal law, the noisy aircraft would be phased out by the end of the year 2000. She said the issue of fly-overs was being addressed by an FAA task force. Keith B. Wilschetz, Transportation Planning Director, Landrum & Brown, discussed the airport traffic studies conducted by his firm. He said LAX did not generate as much traffic as people think, generally less than 10 percent, and he referred to a color-coded slide showing the percentages of airport-related traffic on local streets and freeways. He said also that LAX traffic peaked on Sundays and during the noon hour on weekdays rather than during the morning and evening commuter rush hours. He said the master plan included congestion relief elements, including the proposed ring road, noting its intent was to attract traffic away from the local street system and keep it on the regional system. He said the ring road would connect to the 405 freeway and would use the Westchester Parkway corridor on the north side, Pershing on the west and Imperial Highway on the south so that people would not have to access the local streets. He said the proposal included some high-occupancy vehicle connections, noting one of the most important was at the 105 and 405 freeway interchange; an extension of the Green Line directly into the airport; and the LAX Expressway--a high-speed, four-lane expressway that would parallel the 405 freeway, interchanging north of the airport near the 90 freeway, and directly connect to the ring road. (Mayor Edgerton arrived at approximately 7:30 P.M., during the LAX presentation.) At the end of the slide show presentation, the Council returned to the dais. Mayor Edgerton announced that there would be a meeting at a later date with the FAA regarding fly-overs. At 7:45 P.M., he opened the meeting up to public comments concerning the proposed airport expansion. Coming forward to comment on the airport expansion was: Brent Feldman - 1052 - 10th Street, expressed concern about noise pollution; said home insulation as a means of noise mitigation was unacceptable since beach residents keep their windows open. Phil Depoian, Deputy Executive Director of Los Angeles World Airports, agreed that there are corrections that needed to be made, that flights were going too far south to make their turns, but said those were corrections that could be made and that the FAA was working on that. Continuing to come forward to comment on the LAX expansion were: Carole Shakely Parkman - 657 Porter Lane, questioned whether the residents really had a say in the proposed expansion or if it was a done deal (Ms. Kennard said it was not a done deal); Lynn Schubert - 553 - 21st Street, said the expansion would significantly diminish quality of life for residents; said the airport was maxed out and that other airports should be opened or expanded; Anne Sullivan - 60 - 18th Street, said quality of life has declined over the past year because of more airplanes flying over due to an apparent change in the flight plan at LAX, plus an increase in small commuter planes; said black soot comes in through the windows and is everywhere; said the expansion would provide money to the City of Los Angeles but would ruin the lives and property values of South Bay beach residents; and Henrietta Mosley - 436 First Street, Manhattan Beach, asked why they could not expand other airports instead, such as Ontario, since so much growth has taken place inland. Mr. Depoian said the airport traffic will increase at LAX and that they are obligated by federal law to accommodate all passengers. He said they were looking at the growth on a regional basis, but noted they have no control over airports they do not own such as Burbank, John Wayne or Long Beach. He said they are doing a special study now to determine how to make Palmdale more accessible. He noted that this is the only country in the world where the national government does not control its airports. Continuing to come forward on this issue were: Jim Parkman - 657 Porter Lane, said he had no problems flying into the airports serving London or New York; expressed concern that LAX was answerable only to the City of Los Angeles, not South Bay residents; said the expansion would be L.A.'s benefit and South Bay's problem; Maria Orich - Manhattan Beach, expressed concern about lead poisoning from the planes; said noise reduction was needed since she sleeps with her window open; said no where else in the world is an airport located in the center of a city, and; Jim Arletti - Mar Vista, spoke in support of the LAX expansion; said the airport needed to be made more accessible; noted that initially there were four alternatives (Ms. Kennard said two of the alternatives had been dropped); Charlie Doherty - 446 - 30th Street, thought some airlines were taking advantage of the airport; suggested that many passengers landed simply to make connecting flights to other destinations, noting that LAX is a hub for United and possibly other airlines; said although those passengers do not impact local streets, they do impact the area because of more air traffic; said airlines could by-pass LAX for connecting flights and suggested an economic penalty to those airlines using LAX as a hub; said an objective should be to cap the air traffic at LAX; Mike Currows - Huntington Beach as of three months ago, said he had been a South Bay resident for 35 years; said he understood the residents' concerns but supported the expansion as it would benefit his children and grandchildren who still live in the area; thought most of the flights going over the city were from the Torrance airport; Yurich Orich - Manhattan Beach, said it had always been his dream to live in the South Bay and ride his bike and that the expansion would ruin that; thought South Bay residents should be allowed to vote on the issue (Mr. Depoian said the process involved an environmental impact report and public meetings); Peter Businos - Second Street, said a friend of his from Dana Point who was heavily involved opposing the El Toro airport proposal said he was pushing for the LAX expansion to keep the impact away from Dana Point; advised interested residents to get involved in opposing the LAX expansion; John Hales - 624 Eighth Place, said he had followed the airport's progress for many years; said airport officials had previously considered a satellite loading area for passengers and baggage from off-site areas, where people would be bussed in and placed directly into planes to lessen the impact (Mr. Depoian said they would try to discourage cars as much as possible); Vickie Hanson - 1265 Bonnie Brae, asked why LAX must accept all flights that want to land there and why air traffic at LAX could not be capped; expressed concern about air pollutants and airplanes crashing into communities; noted South Bay residents do not vote for the Los Angeles Mayor; said town meetings do serve a purpose and hoped all proposals would be taken off the board; said she had seen projects take place regardless of the findings of an EIR; Eric Lawrence - 230 Longfellow, asked what was being done to help local residents now and wondered if the area had grown because of the airport; said studies should be published (Mr. Depoian said the law precluded them from improving conditions unless they are mitigating environmental impacts created because of the master plan); Henrietta Mosley - Manhattan Beach, questioned the mitigation of impacts that are cited in an EIR, noting that years ago Playa del Rey residents and homes disappeared; Pete Tucker - 235 - 34th Street, suggested diverting to other airports flights that now just stop at LAX to re-fuel; said the Palmdale airport could be made more attractive with low or no landing fees, etc.; thought all cargo should land at Palmdale and come this way by train (Mr. Depoian said the Palmdale facility is already free); Lynn Schubert - Hermosa Beach, said a friend of hers who lives in Playa del Rey said she was told the airport would soundproof her home, but pursuant to current law, if she wanted to sell her home she must disclose the proposed LAX expansion; and Anne Sullivan - Hermosa Beach, had safety concerns and related an experience she had where a plane flew over the beach at a very low altitude; said she called the airport and was told that it never should have happened and that the pilot, who had to abort the flight, had to turn there due to lack of air space; Jeff Thomas, president of Landrum & Brown, answered questions on air safety; said incidents like that do occur but that there are strict rules; said there no doubt were procedural issues with over-flights; said the technology was there to separate the planes in air space; referred to work being done with the FAA; Continuing to come forward on this issue was: Charles Fogg - Hermosa Beach, said he was a flight instructor and commercial pilot out of Torrance airport; said he was concerned about private rather than commercial planes; noted a recent change concerning class B air space which he believed to be hazardous; expressed concern about the potential for a mid-air collision such as what happened over Cerritos. CITIZEN COMMENTS - None ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Thursday, May 21, 1998, at the hour of 9:30 P.M., to the Regular Meeting of Tuesday, May 26, 1998 at the hour of 7:10 P.M. (Pursuant to Council policy, because the preceding Monday [May 25] is a holiday, said Regular Meeting will adjourn to an Adjourned Regular Meeting to be held on Thursday, May 28, 1998, at the hour of 7:10 P.M.) ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 28, 1998, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Garrison Frost, Jr., Beach Reporter ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:20 P.M.) PROCLAMATIONS: RECREATION AND PARKS MONTH - JULY 1998 Mayor Edgerton read the proclamation and said that it would be presented to the Community Resources Department. PRESENTATIONS: PRESENTATION OF OUTSTANDING SCHOOL CROSSING GUARD AWARD TO VICTOR SWEETEN Mayor Edgerton read the proclamation and Councilmember Bowler presented the proclamation to Victor Sweeten who thanked everyone for the honor and recounted some of the history of the Pier Avenue crosswalk and the difficulty of teaching children to understand the importance of walking bicycles across that intersection. Lee Ann Markle, Crossing Guard Supervisor with All City Management, also presented Mr. Sweeten with an award. MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Edgerton questioned the paramedic funding allocation from the Beach Cities Health District. Action: To approve the appointment of Mayor Edgerton to replace Councilmember Reviczky on the Beach Cities Health District sub-committee (with Councilmember Benz) and to direct staff to try to set another meeting with the BCHD in order to explore the possibility of additional funding for Hermosa Beach Paramedics. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Don Karasevicz - 840 15th Street, asked that public hearing item 5 be heard before item 4 as an agreement had been reached with the neighbors that would allow the item to be very brief. Action: To suspend the order of the agenda to allow Public Hearing item 5 to be heard before item 4. Motion Bowler, second Benz. The motion carried by a unanimous vote. Continuing to come forward to address the Council was: Shirley Cassell - Hermosa Beach, questioned why Mayor Edgerton rarely brought his City purchased laptop computer to Council meetings as the other Councilmembers did and suggested that it be returned to the City in order to allow someone else to use it; and, questioned the statements made in an unsigned letter in a local newspaper that alleged City property had been given to the Strand Hotel for its private use. City Manager Stephen Burrell responded that the statements made in the letter were not accurate and that the public property would be re-opened in a few weeks as construction would be completed on the Hotel's first phase soon. Continuing to come forward to address the Council was: Judy Garland - 1181 Cypress, spoke regarding the Chamber of Commerce sponsored "Fiesta de las Artes", held over the Memorial Day week-end, and said that many of the booths were not art or craft related and asked why they had been allowed in the fair; suggested that if the Chamber wished to include these vendors that the name of the fair be changed to something other than arts and crafts. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION: 1. Letter and petition from 3rd Street residents requesting changes to 3rd Street and Ocean View Avenue. Coming forward to address the Council on this item were: Janet Teranto - 906 Third Street, said there was a dangerous traffic condition on Third Street and residents were asking for barriers to prevent cars from turning in the wrong direction Nicole Webb - 840 Third Street, asked that the lot site that connected Third Street and Ocean View Avenue be closed and a park created. Action: To direct staff to return to Council with information regarding the changes requested by the residents of Third Street and Ocean View Avenue, Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. 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: (a) Reviczky and (b) Mayor Edgerton at the request of Shirley Cassell, 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. At 7:48 P.M. the order of the agenda was suspended to go to the public hearings starting with item 5 and then continuing with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on May 12, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to his request that his name be removed as one of those appointed to the Neighborhood Preferential Parking Sub-committee, in item 6, page 9699, as he had not accepted that committee assignment. Action: To amend the minutes of the Regular Meeting of May 12, 1998, in item 6, page 9699, to show only Councilmember Oakes as a member of the Neighborhood Preferential Parking Sub-committee, and additionally, to appoint Mayor Edgerton as the second member of the sub-committee. Motion Reviczky , second Bowler. The motion carried by a unanimous vote. Action: To approve the minutes of the Regular Meeting of May 12, 1998, as amended. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13660 THROUGH 13808 AND TO APPROVE CANCELLATION OF CHECK NO. 13799 AS RECOMMENDED BY THE CITY TREASURER This item was removed from the consent calendar by Mayor Edgerton (for Shirley Cassell) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned: 1) check no. 13802 for a park bench in the amount of $1,129.05; 2) check no. 13696 applicable to the parking structure in the amount of $16,014.50 and asked if the County had actually provided any money for the project yet; and, 3) check no. 13668 to Leonard Brock in the amount of $3,791.45 for professional services. City Manager Burrell responded: 1) the benches were teak and the money had been provided by a donation; 2) the money had been appropriated from a County bond issue and the County would reimburse after the City had paid for an item and submitted proof; and, 3) the services were for the oil project and would be paid by Macpherson Oil. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the April, 1998, Financial Reports as presented. (e) RECOMMENDATION TO APPROVE EVENT CONTRACT BETWEEN THE CITY OF HERMOSA BEACH AND HAWTHORNE SAVINGS TO PRESENT THREE FREE COMMUNITY CONCERTS ON THE BEACH: JULY 12, 19 AND 26 FROM 6:00 P.M. TO DUSK AND APPROVE PROGRAM OUTLINE. Memorandum from Community Resources Director Mary Rooney. Action: To approve the staff recommendation to . 1.Approve the event contract between the City and Hawthorne Savings to present three free community concerts on the beach, each from 6 p.m. to dusk, on the dates of: 1.July 12, 1998: Blast from the Past featuring "The Coasters"; 2.July 19, 1998: Cajun, Zydeco and Rhythm & Blues featuring "Mumbo Gumbo"; and, 3.July 26, 1998: Surf music featuring Nokie Edwards (lead guitarist from the Ventures) and the Chantey's (Pipeline). 2. Approve the program outline, including $800 expense for Community Resources staffing. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 19, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of May 19, 1998. (g) RECOMMENDATION TO RECEIVE AND FILE CALTRANS REPORT RELATIVE TO THE REQUEST FOR A TRAFFIC SIGNAL AT PACIFIC COAST HIGHWAY AND 16TH STREET AND AUTHORIZE THE CITY TRAFFIC ENGINEER TO REQUEST CALTRANS' CONSIDERATION OF HIGHER VISIBILITY CROSSWALKS USING STATE OF THE ART TECHNOLOGY AT THIS LOCATION. Memorandum from Public Works Director Harold Williams dated May 20, 1998. Action: To approve the staff recommendation to:. 1.receive and file the Caltrans report relative to the request for a traffic signal at Pacific Coast Highway and 16th Street; and, 2.authorize the City Traffic Engineer to request Caltrans' consideration of higher visibility crosswalks using state of the art technology at this location. (h) RECOMMENDATION TO AUTHORIZE REMOVAL OF COVENANT PROHIBITING SALE OF LOTS SEPARATELY AT 514-518 PIER AVE./1184 CYPRESS. Memorandum from Community Development Director Sol Blumenfeld dated May 18, 1998. Action: To approve the staff recommendation to authorize, by minute order, the release from the subject covenant and direct staff to execute the attached covenant superseding the original restrictive covenant. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a) and (b) 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. GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2, AND A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT MAP #52508, FOR AN EIGHT-UNIT DETACHED CONDOMINIUM PROJECT TAKING ACCESS FROM 7TH STREET, ON THE REAR PORTION OF TWO COMMERCIAL PARCELS FRONTING ON PACIFIC COAST HIGHWAY (635 AND 705 PACIFIC COAST HIGHWAY), AND PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE P.C.H. FRONTAGE OF THE EXISTING LUMBER YARD, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 635 AND 705 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated May 19, 1998. Councilmember Reviczky declared a potential conflict of interest due to living within the boundaries of the area and Mayor Edgerton declared a potential conflict of interest due to a Partner's representation as attorney for one of the developers, both left the dais and the room at 8:01 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:08 P.M. Coming forward to address the Council on this item was: Kurt Nelson - representing the residential developers of the project; explained the changes in the project from the last time it had been before the Council; said that there were now eight homes instead of 20 and the access would be from Seventh Street; Mike Learned - 635 Pacific Coast Highway, spoke of the history of Learned Lumber in Hermosa Beach; spoke of his time served on the Planning Commission and spoke of the history of the commercial zoning and commercial depth on Pacific Coast Highway; Joan Arias - 720 Eighth Street, thanked Learned Lumber for the offer to soundproof her home and wanted her support of the project on the record; Cynthia Kinney - 635 Sixth Street, said the project support from Sixth Street residents was contingent upon relief from the commercial traffic from Learned Lumber; David Kitchen - 713 Monterey, said that he had just purchased a house on Seventh Street and spoke in support of the project as it would upgrade the area; Scott Alden - 646 Sixth Street, spoke in support of the project and asked that the strip of land near the Learned Lumber parking lot on Sixth Street be cleaned up; John McHugh - First Place, said that the motel on Pacific Coast Highway was an eyesore; Betty Kaye - 653 Seventh Street, expressed concern that street parking near her rental property would be lost; said that she supported the project; Mike Learned - 635 Pacific Coast Highway, said that Learned Lumber will restrict commercial vehicles on Sixth Street and, if the project is accepted by the Council the new plans would close off all Learned Lumber traffic on Sixth Street; and, Kurt Nelson - representing the residential developers of the project; said that the rolled curb on Seventh Street would not impact any parking spaces near Mrs. Kaye's rental property. The public hearing closed at 8:37 P.M. Action: To approve the Planning Commission approval for a General Plan amendment from commercial corridor to medium density residential and zone change from SPA7 (Specific Plan Area no. 7) to R-2, and a conditional use permit, precise development plan, and vesting tentative tract map #52508, for an eight-unit detached condominium project taking access from 7th Street, on the rear portion of two commercial parcels fronting on Pacific Coast Highway (635 and 705 Pacific Coast Highway), and precise development plan to reconfigure the layout and increase the P.C.H. frontage of the existing lumber yard, and adoption of an environmental negative declaration at 635 and 705 Pacific Coast Highway. Motion Bowler, second Oakes. AYES: Bowler, Oakes NOES: Mayor Pro Tempore Benz ABSENT: Reviczky, Mayor Edgerton The motion failed due to the need for three affirmative votes for a zone change. The meeting recessed at the hour of 8:49 P.M. The meeting reconvened at the hour of 9:10 P.M. and returned the order of the agenda to item 3. 5. RECONSIDERATION OF TWO-UNIT CONDOMINIUM PROJECT AT 840 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 18, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions saying the neighboring disagreement had apparently been resolved. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item were: Don Karasevicz - 840 15th Street, explained changes that had been agreed to by the neighbors and submitted a copy of the agreement for the record; Aslam Amlani - 833 14th Street, read the entire agreement; and, Lauren Gezurian - 833 14th Street, thanked everyone for the cooperation that produced the agreement. The public hearing closed at 7:59 P.M. Action: To sustain the Planning Commission's approval of the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map with the provision that the project be developed in conformance with the agreement reached with neighbors dated May 20, 1998, and signed by Donald Karasevicz, Lauren M. Gezurian and Aslam Amlani; and, to direct staff to return with a Resolution that details this agreement and this action. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. At the hour of 8:01 the order of the agenda moved to Public Hearing item 4. MUNICIPAL MATTERS 6. TRAFFIC STUDY - 6TH STREET WEST OF PACIFIC COAST HIGHWAY. (Continued from meeting of May 12, 1998). Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1998. Councilmember Reviczky declared a potential conflict of interest due to living within the 300 foot boundary of the project and left the dais and the room at 9:28 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 9:30 P.M. Coming forward to address the Council on this item were: Cynthia Kinney - 635 Sixth Street, acted as spokesperson for the Sixth Street residents shown below and spoke of the increase in commercial traffic going westbound on Sixth Street due to changes in parking areas at Learned Lumber; asked that westbound traffic turning from the Learned Lumber parking lot onto Sixth Street be restricted; Rosamond Fogg - 610 Sixth Street; David Cohn - 631 Sixth Street; Elizabeth Connley - 650 Sixth Street; Scott Alden - 646 Sixth Street; Margaret MacDonald - 650 Sixth Street; Larry Taggart - 655 Sixth Street, and, Stephen Kinney - 635 Sixth Street. Public participation closed at 9:37 P.M. Action: To direct staff to establish a trial, six-month temporary closure of the westbound traffic lane on Sixth Street from the western edge of the commercial zone at the parking lot exit. Motion Mayor Edgerton, second Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Reviczky. Councilmember Reviczky returned at 9:45 7. LORETO PLAZA - LEASE OF ADDITIONAL AIRSPACE. Memorandum from City Manager Stephen Burrell dated May 21, 1998. Councilmember Bowler declared a potential conflict of interest due to owning a business that would be affected by the additional lease space and left the dais and the room at 9:46 P.M. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:51 P.M. Coming forward to address the council on this item were: Jerry Newton - applicant for 385 square feet of new air space, explained the history of the air rights on the current lease, asked for an extension of air rights and agreed to City terms saying that he agreed to remove the new improvements in the event of a default; Shirley Cassell - Hermosa Beach, spoke in opposition to allowing an additional amount of air space to be leased over the pedestrian passageway in Loreto Plaza; Con Flatley - Fat Face Fenner's Fishack partner, gave his background in municipal property management; said that the City of Los Angeles charged $0.05 per square foot per year for air right leasing and said that the last air rights appraisal had been in 1967 so it would be very difficult to find comparable property; and, Garry Vincent - President of Fat Face Fenner's Falloon and President of the Hermosa Beach Restaurant and Tavern Owner's Association, spoke of the problems that the delays had caused and asked for a resolution of the issue tonight. Public participation closed at 10:18 P.M. Action: To approve the draft lease for new air space contingent upon approval of more detailed plans for landscape, lighting and signage. Motion Oakes, second Reviczky. The motion failed due to the dissenting votes of Benz and Mayor Edgerton and the absence of Bowler. Councilmember Bowler returned at 10:43 P.M. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. HERMOSA BEACH CITY-SCHOOL DISTRICT PARTNERSHIP PROGRAM. Memorandum from City Manager Stephen Burrell dated May 18, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the establishment of a Hermosa Beach City-School District Partnership, and, to appoint Mayor Edgerton and Councilmember Oakes as representatives. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. b. ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 42 SPONSORED BY THE LEAGUE OF CALIFORNIA CITIES. Memorandum from City Manager Stephen Burrell dated May 20, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To support the passage of ACA 42 so that it will appear on the November, 1998, ballot and direct that letters indicating the City's support be sent to State Senator Dills and Assemblymember Bowen. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERM - CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated May 20, 1998. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To direct that the City Clerk's Office advertise and request applications from interested parties for one member to serve a four year Civil Service Board term that will expire July 15, 1998, with the appointment to be made at the regular Council meeting of July 14, 1998. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Pro Tem Benz to consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach. Councilmember Benz spoke to his request. Action: To consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach. Motion Benz, second Mayor Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky. No further action was taken. CITIZEN COMMENTS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, questioned: 1) when the Council Chamber remodel was to begin; 2) when the traffic signs on Herondo banning turns onto Monterey during rush hour traffic would go up; and, 3) when the parking signs changing the parking restrictions would go up on Monterey. City Manager Burrell responded: 1) The final plans would be on the agenda of one of the next Council meetings; 2) The signs had just arrived and would go up soon; and, 3) The parking signage would take a while longer . Continuing to come forward to address the Council was: Steve Roberts - Cafe Boogaloo, complained of the recent "Fiesta de las Artes" saying that his entry was blocked by vendor booths; that he should have had the space in front of his cafe since he had paid the Chamber of Commerce $175 for that privilege but the Chamber had given that area to someone else; said the fair no longer looked like an arts and craft show but resembled a giant swap meet in the center of the town; suggested that the fair be moved to different week-ends during the year when the parking structure is under construction to lessen the impact on the downtown merchants. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54956.8 Property: 4181-024-900 (Southeast corner of 27th Street & Manhattan Avenue) Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price & Terms of Payment 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Pursuant to Government Code Section 54956.9(c) Consideration of joining amicus brief, at no cost to the City, in the following two cases: a) Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235 b) Kobzoff v. Harbor UCLA Medical Center, Case No. B099100 ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 8, 1998, at the hour of 11:08 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:15 P.M. At the hour of 11:25 P.M. the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - The following decisions were made:. Action: To join in the amicus participation, at no cost to the City, in the following two cases: a) Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235 b) Kobzoff v. Harbor UCLA Medical Center, Case No. B099100 AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 28, 1998, at the hour of 11:25 P.M. to an Adjourned Meeting for the purpose of a budget workshop on Monday, June 1, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, June 1, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Marshall Mouw, Glendora Councilmember ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None PUBLIC PARTICIPATION: Coming forward to address the Council at this time was: Marshall Mouw - Glendora Councilmember and President of the Los Angeles County Division of the League of California Cities, spoke of the role of the League and invited the Council to attend the next regional meeting in Alhambra. 1. PRELIMINARY BUDGET REVIEW - Preliminary Budget and Capital Improvement Program. Supplemental memorandum from City Manager Stephen Burrell, dated June 1, 1998, containing Departmental Work Plans. a. OVERVIEW OF BUDGET CHANGES. City Manager Stephen Burrell detailed budget changes and optimal financing programs for building repair and maintenance; street repair and maintenance; storm drain projects and other programs. Mr. Burrell reviewed various funding sources which included County grants, FEMA storm drain funding, $200,000 for the north Strand bicycle path and a Coastal Commission grant. He also said that the City was to make a presentation before the Cabrillo AIA in the hope of a R/UDAT team to assess Pacific Coast Highway and Aviation Boulevard. Mr. Burrell spoke of the City's effort to meet the state mandated 50 percent reduction in solid waste by the year 2000 and said that a "wish list" of the refuse removal needs of the residential and commercial areas was being compiled (including sorting out green waste, greater commercial recycling and large item pick-up) in order to bid the waste removal contract, b. OVERVIEW OF REVENUE CHANGES. City Manager Burrell and Finance Director Viki Copeland explained the increases to revenue and responded to Council questions. c. REVIEW OF DEPARTMENT EXPENDITURES. The City Council reviewed the departmental budgets one by one and took the following actions: Action: To approve the addition of $500 to the City Council's budget as the annual amount to join a Coastal Cities alliance sponsored by the City of Huntington Beach. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Action: To approve the addition of $800 to the City Clerk's budget for a digital camera, to be used to take photos for the City web pages, and to direct that staff return with information to allow the establishment of a stand-alone computer station for public access of the City Code, City Minutes and Council and Commission packets among other items, at a cost estimated at $1,500. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Action: Mayor Edgerton directed, with the consensus of the Council, that staff return to Council with more information on the Plan Check expense from Community Development in order to determine if it should go out for a formal bid. Action: Mayor Edgerton directed, with the consensus of the Council, that staff return to Council with more options, including the possible use of taxi vouchers, for consideration before decisions are made for the 1999-2000 fiscal year budget. Action: Mayor Edgerton directed, with the consensus of the Council, that staff return with the figures to explain the increase in full time salary amounts for the Finance Department and Finance-Cashiers. The meeting recessed at 9:00 P.M. The meeting reconvened at 9:22 P.M. Action: Mayor Edgerton directed, with the consensus of the Council, that staff return to the Council with quarterly reports on Workers' Compensation claims and to include information on where and why the claims are arising, and what progress is being made with preventative programs including instructional prevention seminars and possibly incentive programs. Action: Mayor Edgerton directed, with the consensus of the Council, that staff return to the Council with the Council Chamber sound maintenance contract in order to determine why the sound is so poor. Action: Mayor Edgerton directed, with the consensus of the Council, that staff keep a list of complaints from the public and staff of building maintenance problems in order to ensure that the contractor makes the necessary improvements. Action: Mayor Edgerton directed, with the consensus of the Council, that staff make Monterey Boulevard it's top priority for resurfacing rather than Hermosa Avenue. CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, June 1, 1998, at the hour of 10:36 P.M. to the Regular Meeting of Tuesday, June 9, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 9, 1998, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Matthew (Redondo Beach skateboarder) ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:50 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: None CLOSED SESSION REPORT FOR MEETING OF MAY 28, 1998: The City Council voted unanimously to join amicus brief, at no cost to the City, in the following two cases: Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court, Case No. 97-1235 Kobzoff v. Harbor UCLA Medical Center, Case No. B099100 PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS: Coming forward to address the Council was: Shirley Cassell - Hermosa Beach, questioned why Mayor Edgerton did not have his laptop computer at the meeting. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATIONS: (1) Letter from tenants, clients and employees of 2309 and 2401 Pacific Coast Highway requesting removal of barricade blocking access to 24th Street. Police Chief Straser responded to Council questions pertaining to the safety of the subject intersection. Coming forward to address the Council on this item were: Richard Collis - 645 Gould Terrace, spoke to the request, citing hazards that tenants, clients, and employees of the office buildings face when entering onto the highway, particularly during afternoon rush hour; said the barricade on 24th Street was erected about 15 years ago and its removal would alleviate the problem; said another option to consider would be a traffic signal; Sherry Humphrey - 621 - 24th Street, opposed removing the barriers for safety reasons; said 24th Street was a residential street with lots of children; Cliff Warren - representing tenants of the English Tudor style office building directly to the south, said 24th Street was a public not a private street; said the current situation was unsafe and cited the dangerously high speed of cars traveling south on the highway; Elaine Lipkin Gardner - 717 - 24th Street, with office at 2309 Pacific Coast Highway, said the residents did not want a private street, just a safe one; expressed safety concerns, noting there were no sidewalks or curbs on 24th Street; Gary Mallette - 601 24th Street, at Ardmore Avenue, said there were a lot of children on 24th Street and no sidewalks; said the residential areas should not be controlled by businesses; opposed putting children at risk; Frank Lawson - 728 - 24th Street, said when the barricade was initially erected, cars would cut through, driving around the barricade; said the hill was hazardous because of its steepness; cited numerous highway accidents at 21st Street; Bob Albert - 730 - 24th Street, said 24th Street had no sidewalks or curbs and the street width was irregular, making it even more unsafe with cars parked on both sides; Larry Rudy - 732 - 24th Street, concurred with his neighbors; expressed concerns about safety; and Norm Levin - 720 - 24th Street, concurred with his neighbors; said he purchased his home because of the street's restricted access; said the street was narrow and expressed concern about the safety of the residents and the people driving through. Councilmember Benz arrived at 7:50 P.M. Action: To direct staff to investigate viable options to improve the safety of the 24th Street/Pacific Coast Highway intersection other than re-opening 24th Street, which was not considered an option. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (2) Letter from Tom Binnion date May 21, 1998 regarding the proposed concert on the beach on September 19, 1998. Coming forward to address the Council on this item was: Tom Binnion - 244 - 31st Street, representing Star 98.7 FM with regard to the proposed beach concert, spoke to his letter offering the City a guaranteed $10,000 to go toward the drainage diversion fund plus 50 percent of all net proceeds over and above that amount; confirmed that Hootie and the Blowfish would be performing. Action: To accept the offer of a guaranteed $10,000 plus 50 percent of the net proceeds above that amount, with the funds to be specifically earmarked for connecting the City's northern storm drains to the County drains. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Oakes. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (i) Reviczky, (j) Reviczky, and (n) Benz. Motion Bowler, 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) APPROVAL OF MINUTES - Minutes from the meetings of May 21, 1998, May 26, 1998, May 28, 1998, and June 1, 1998 were not available for approval at this meeting. Action: No action taken since none was needed. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 13809 THROUGH 13939 AND TO APPROVE CANCELLATION OF CHECK NOS. 13881 AND 13822 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 20, 1998. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting held on May 20, 1998. (e) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENT BETWEEN CITY AND THE LOS ANGELES COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES, INC. FOR ROOM 6B IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 19, 1998. Action: To approve the lease renewal agreement between the City and the Los Angeles County Bar Association Dispute Resolution Services, Inc. for Room 6B in the Community Center, as recommended by staff. (f) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENT BETWEEN CITY AND THE BEACH CITIES HEALTH DISTRICT FOR ROOMS 5 AND 6A IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 19, 1998. Action: To approve the lease renewal agreement between the City and the Beach Cities Health District for Rooms 5 and 6A in the Community Center, as recommended by staff. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENT AND FEE WAIVER BETWEEN CITY AND THE COMMUNITY CENTER FOUNDATION FOR ROOM C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 19, 1998. Action: To approve the lease agreement and fee waiver between the City and the Community Center Foundation for Room C in the Community Center, as recommended by staff. (h) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A HOLIDAY TREE LOT FOR THE 1998 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated May 27, 1998. Action: To approve the use of the Community Center lawn by the Kiwanis Club to operate a holiday tree lot for the 1998 holiday season, as recommended by staff. (i) RECOMMENDATION TO APPROPRIATE THE FOLLOWING DONATIONS TO THE POLICE AND COMMUNITY RESOURCES DEPARTMENTS: TINA MARIE WINTERS - $5.00 TO BE USED FOR MOTORCYCLE EQUIPMENT; AND CHEVRON - $6,000.00 TO BE USED FOR THE SUMMER SURF CAMP. Memorandum from Finance Director Viki Copeland dated June 1, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors for their contributions. Action: To appropriate the $5 donation from Tina Marie Winters to the Police Department to be used for motorcycle equipment and the $6,000 donation from Chevron to the Community Resources Department to be used for the summer surf camp, as recommended by staff. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROPRIATE $13,618 FROM THE EQUIPMENT REPLACEMENT FUND FOR A POLICE MOTORCYCLE AND EQUIPMENT. Memorandum from Police Chief Val Straser dated June 1, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to note that this purchase was the result of all the donations made over the past months. Action: To appropriate $13,618 from the Equipment Replacement Fund for the purchase of a police motorcycle and equipment, as recommended by staff. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (k) RECOMMENDATION TO CONTINUE EXISTING CONTRACT FOR PERFORMING CUSTODIAL SERVICES ON A MONTH-TO-MONTH BASIS. Memorandum from Public Works Director Harold Williams dated June 1, 1998. Action: To continue the existing contract for performing custodial services on a month-to-month basis, as recommended by staff. (l) RECOMMENDATION TO CONTINUE EXISTING CONTRACT FOR MUNICIPAL PIER CLEANING. Memorandum from Public Works Director Harold Williams dated June 1, 1998. Action: To continue the existing contract for municipal pier cleaning, as recommended by staff. (m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24791 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 905 - 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 1, 1998. Action: To adopt Resolution No. 98-5918, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 24791 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 905 15TH STREET, HERMOSA BEACH, CALIFORNIA," as recommended by staff. (n) RECOMMENDATION TO APPROVE CITY FLAG DISPLAY PROGRAM FOR PACIFIC COAST HIGHWAY AND DOWNTOWN: (A) 4TH OF JULY, (B) VETERAN'S DAY, AND (C) MEMORIAL DAY; APPROPRIATE $7,096.50 FROM THE GENERAL FUND FOR FY 1998-99 TO PAY FOR THE START-UP COSTS AND DISPLAY SERVICE COST FOR THE ANNUAL PROGRAM; AND, AUTHORIZE STAFF TO HIRE GOLD GRAPHICS TO INITIATE AND MAINTAIN THE FLAG PROGRAM. Memorandum from Community Resources Director Mary Rooney dated May 27, 1998. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, suggested using the money to buy needed items for use by veterans at veterans' hospitals; thought flag displays were important as well. Action: To approve the staff recommendation to: 1) Approve the City flag display program for Pacific Coast Highway and downtown: (a) 4th of July, (b) Veteran's Day, and (c) Memorial Day; 2) Appropriate $7,096.50 from the general fund for FY 1998-99 to pay for the start-up costs and display service cost for the annual program; and 3) Authorize staff to hire Gold Graphics to initiate and maintain the flag program. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Benz. At 8:10 P.M., the order of the agenda was suspended to go to public hearing item 4. 2. CONSENT ORDINANCES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(i), (j), and (n) 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. Memorandum from Public Works Director Harold Williams dated May 11, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Public hearing opened at 8:13 P.M. There being no one coming forward to address the Council on this item, the public hearing closed at 8:13 P.M. Action: To approve the staff recommendation to adopt Resolution No. 98-5919, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1, PAGES 25 AND 26, OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER." Motion Bowler, second Oakes. The motion carried by a unanimous vote. 5. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 1998-99. Memorandum from Public Works Director Harold Williams dated June 1, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Public hearing opened at 8:21 P.M. Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, questioned whether or not all of the nearly half million dollars would be spent on landscaping and lighting. Public hearing closed at 8:22 P.M. Action: To approve the staff recommendation to adopt Resolution No. 98-5920, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1998-1999," which levies an assessment of $41.45 per unit for fiscal year 1998-99. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. At 8:24 P.M., the order of the agenda was suspended to go to Municipal Matters item 9. MUNICIPAL MATTERS: 6. AMEND MUNICIPAL CODE REGARDING LIMITATIONS ON THE HOURS OF CHARITABLE SOLICITATIONS. Memorandum from Finance Director Viki Copeland dated May 18, 1998. Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions, and recommended that the City's deadline be extended from 7:00 P.M. to 9:00 P.M. due to recent court actions. Proposed Action: To receive and file the item. Motion Mayor Edgerton, second Oakes. The motion was subsequently withdrawn. Action: To refer the item back to staff for more information for Council review, including any case law pertaining to this matter. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 7. CLARK BUILDING: PRIVATE PARTIES. Memorandum from Community Resources Director Mary Rooney dated May 27, 1998. This item was withdrawn from the agenda by City Manager Burrell. No Council action was needed nor taken. 8. HERMOSA AVENUE/10TH STREET MULTI-WAY STOP SIGN REQUEST. Memorandum from Public Works Director Harold Williams dated May 28, 1998. City Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. Action: To approve the installation of four-way stop signs at the intersection of Hermosa Avenue and 10th Street. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. 9. COMMUNITY CENTER SKATE TRACK - APPROVAL OF PRELIMINARY DESIGN. Memorandum from Public Works Director Harold Williams dated May 27, 1998. Supplemental photographs from Community Resources received June 9, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 8:25 P.M. Coming forward to address the Council on this issue were: Loren Pluth - architect, reviewed the plans on display; said the proposed skateboard park featured various obstacles including steps with rails and a table top with ledge; said the proposed design elements were those that were selected by the skateboarders themselves; said construction of the skate track was expected to begin in mid-summer and should be completed in October or November; Shirley Cassell - Hermosa Beach, wanted to ensure that priority for use of the park would be given to Hermosa Beach youths; asked who would ensure that skateboarders wear pads and helmets; Matthew (no last name given) - Redondo Beach skateboarder, asked if the park would extend further into the parking lot, noting it was a small area (Mr. Pluth said the park would be 7,700 square feet in size); and Jerod Carter - Redondo Beach skateboarder, asked if the park would include a half-bowl (Mr. Pluth said the half-bowl had been eliminated from the final design, and noted that the street elements proposed were the overwhelming choices among the participating skateboarders). Public participation closed at 8:40 P.M. Action: To approve the staff recommendation to: 1) Approve the preliminary design development plan for the Community Center Skate Track project; and 2) Direct Lawrence Moss and Associates to proceed with the development of construction documents for the Community Center Skate Track project based upon the design presented this evening. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. The meeting recessed at 8:45 P.M. The meeting reconvened at 9:06 P.M., at which time the order of the agenda was returned to item 2. 10. REJECT PROPOSAL OF SERVICE CONTRACT FOR SWEEPING OF STREETS, ALLEYS AND DOWNTOWN AREA CLEANING IN HERMOSA BEACH. Memorandum from Public Works Director Harold Williams dated June 1, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Action: To approve the staff recommendation to reject all bids and authorize staff to re-advertise the request for proposal with appropriate modifications. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER: a. PIER PROJECT SUBCOMMITTEE REPORT. Memorandum from City Manager Stephen Burrell dated June 2, 1998. City Manager Burrell noted that the Pier Project subcommittee, comprised of Councilmembers Oakes and Reviczky, developed the revised pier plaza concept which would be presented this evening. Councilmember Oakes presented the subcommittee report, referring to the conceptual drawings on display, which showed the revised pier plaza to be about half the size of the previous proposal, appearing more as an extension of the existing downtown pedestrian plaza, with similar materials and fixtures, and including a whale-shaped fountain and new bathroom facility to the south and a wide, open stairway to the north leading down to the sand. Action: To approve in concept the revised design for the pier head plaza area and direct staff to come back with architectural proposals. Motion Bowler, second Benz. The motion carried by a unanimous vote. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 13. OTHER MATTERS - CITY COUNCIL: None CITIZEN COMMENTS: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on May 28, 1998. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 1309 Bard Street Negotiating Parties: Russ Lesser & Stephen Burrell Under Negotiation: Price & Terms of Payment ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 9, 1998, at the hour of 10:22 P.M. to a Closed Session. The Closed Session convened at the hour of 10:25 P.M. At the hour of 10:35 P.M., the Closed Session adjourned to the Regular Meeting. RECONVENE TO OPEN SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach reconvened on Tuesday, June 9, 1998, at the hour of 10:36 P.M. 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, June 9, 1998 at the hour of 10:36 P.M. to the Regular Meeting of Tuesday, June 23, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 23, 1998, at the hour of 7:24 P.M. PLEDGE OF ALLEGIANCE - Don Sousa ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Mary Tyson, former Hermosa Beach Mayor, Councilmember, Parks and Recreation Commissioner, and board member of the Free Clinic, Coordinating Council, Friends of the Library and local PTAs, who passed away June 17, 1998, in Mexico, where she had been residing since her retirement as West Hollywood's first City Clerk. He expressed condolences to her family and announced that a memorial fund had been established in her memory with Aid for AIDS, another group on which she previously served as a board member, and said donations "In Memory of Mary Tyson" may be sent directly to that organization at 8235 Santa Monica Boulevard, Suite 200, West Hollywood, CA 90048. Councilmember Reviczky spoke of his friendship with Ms. Tyson and his sadness at learning this evening of her death. He expressed his condolences to her family. PRESENTATION: HERMOSA BEACH CHAMBER OF COMMERCE PRESENTATION OF CHECK FOR $7,225 FROMMEMORIAL DAY FIESTA DE LAS ARTES VENDOR FEES Claire Wood, member of the Hermosa Beach Chamber of Commerce Board of Directors, presented to Mayor Edgerton a check to the City in the amount of $7,225 for the 1998 Memorial Day Fiesta de las Artes vendor fees. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that item 1(b) be removed from the consent calendar for discussion; said only Councilmembers Bowler and Reviczky had their laptop computers with them this evening and asked why Mayor Edgerton had never brought his to a meeting; and Al Bowman - 615 Seventh Street, submitted a letter from JCC Homes pertaining to their proposed installation of rolled curbs and replacement of existing finished surfaces, including the removal of trees as necessary, on Seventh Street, from Ardmore Avenue east to their proposed project; requested that the Learned Lumber project be brought back before Council. (b) COUNCIL COMMENTS: In response to Mr. Bowman, Councilmember Oakes said the property owners could bring the item back if they wished. Noting that potential conflicts of interest prevented two Councilmembers from voting, and that a change of zoning required three affirmative votes, Councilmember Bowler pointed out that the project had received only two votes in favor when it last came before Council. Mayor Edgerton requested that Council consider filing an amicus brief in the lawsuit brought by the Palm Springs' Morongo Indian tribe against the Federal Aviation Administration (FAA), noting the lawsuit claims that increased arrivals at LAX had been approved without the proper environmental reviews. The following actions were taken: Action: To add the item to tonight's agenda with the required finding that the need to take action arose after the posting of the agenda and noting the matter required immediate consideration since the court would be acting quickly. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz. Action: To direct the City Attorney to look into the filing of an amicus brief in the lawsuit brought about by the Morongo Indian tribe against the FAA and to authorize the City Attorney to prepare and file said brief if deemed appropriate. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz. Councilmember Bowler noted that the May 1998 Police report showed a significant decrease in crime, including assaults, and commended Police Chief Straser and his department for an excellent job. Councilmember Reviczky announced an FAA Task Force meeting scheduled to take place Friday, June 26, 1998, from 8 A.M. to 12 noon, on the first floor of the FAA building, 15000 Aviation Boulevard, at Marine Avenue in Lawndale, noting that he would be unable to attend. City Manager Burrell announced the upcoming City Council meeting with the FAA regional administrator and staff, scheduled to take place in the Council Chambers on Thursday, July 9, 1998, at 7:10 P.M., to discuss noise and flyovers. He suggested using the same format as was used at the LAX expansion meeting, with a presentation followed by public questions and comments, and said tonight's meeting should be adjourned to that meeting. Action: Mayor Edgerton, with the consensus of the Council, directed staff to invite the City Council members of Manhattan Beach, Redondo Beach and El Segundo to attend that July 9, 1998, meeting. (Benz absent) (c) 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: (b) Bowler (at the request of Shirley Cassell), and (g) Reviczky. Motion Bowler, second Reviczky. The motion carried, 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: 1.Minutes of the Special Meeting held on May 21, 1998; 2.Minutes of the Regular Meeting held on May 26, 1998; 3.Minutes of the Adjourned Regular Meeting held on May 28, 1998; and 4.Minutes of the Adjourned Regular Meeting held on June 1, 1998. Action: To approve, as presented, minutes of the Special Meeting held May 21, 1998; minutes of the Regular Meeting held May 26, 1998; minutes of the Adjourned Regular Meeting held May 28, 1998; and minutes of the Adjourned Regular Meeting held June 1, 1998. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13940 THROUGH 14064 INCLUSIVE, NOTING VOIDED CHECKS NOS. 13953, 13960 AND 14028, AND TO APPROVE THE CANCELLATION OF CHECK NO. 14052 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Bowler at the request of Shirley Cassell for separate discussion later in the meeting. Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, questioned the issuance of several checks that were listed in the register, including a $55,000 check for Stern claim settlement. City Manager Burrell responded to Ms. Cassell's questions. Action: To ratify the check register as presented. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. (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 RECEIVE AND FILE THE MAY, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the May, 1998, Financial Reports as presented. (Benz absent) (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 3, 1998. Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: Claimant: Edward Ettinger Date of Loss: Approx. 1/29/98 Date Filed: 6/22/98 Allegation: Claimant alleges he backed his car into city-owned traffic barrier which had been left down in alley in front of his garage, causing damage to his car. (Benz absent) (f) RECOMMENDATION TO AWARD CONTRACT TO WESSEL MECHANICAL SERVICE FOR THE REPLACEMENT OF THE TWO SEWER PUMP MOTORS AT THE 35TH STREET PUMP STATION AND AUTHORIZE APPROPRIATION OF $13.970 FROM THE SEWER FUND. Memorandum from Public Works Director Harold Williams dated June 15, 1998. Action: To approve the staff recommendation to: (1) Award a contract to Wessel Mechanical Service for the replacement of the two sewer pumps/motors at the 35th Street pump station for $12,700; and, (2) Authorize the appropriation of $13,970 ($12,700 plus $1,270 or ten percent for contingencies) from the Sewer Fund. (Benz absent) (g) RECOMMENDATION TO AWARD CONTRACT TO INFRASTRUCTURE MANAGEMENT SERVICES, INC. TO CONDUCT A PAVEMENT MANAGEMENT STUDY, APPROPRIATE $19,000 FROM PROP C FUND, AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated June 17, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: (1) Award the contract to Infrastructure Management Services, Inc. (IMS) to conduct a Pavement Management Study for an amount of $18,996.50; (2) Appropriate $19,000 from the Prop C Fund; and (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24838 FOR A 4-UNIT CONDO AT 937 1ST STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 16, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5921, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24838 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 937 FIRST STREET, HERMOSA BEACH, CALIFORNIA." (Benz absent) (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 16, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of June 16, 1998. (Benz absent) At 7:45 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(b) 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. 1998-99 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. a. ADOPTION OF 1998-99 BUDGET. Memorandum from Finance Director Viki Copeland dated June 8, 1998. b. ADOPTION OF 1998-99 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 10, 1998. Finance Director Copeland presented the staff reports and responded to Council questions. The public hearing opened at 7:50 P.M. There being no one coming forward to address the Council on this item, the public hearing closed at 7:50 P.M. Action: To approve the staff recommendation to: 1) Receive and file questions and answers from the June 1, 1998 Budget Workshop; 2) Adopt Resolution No. 98-5922, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1998-99"; and 3) Adopt Resolution No. 98-5923, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1998-99." Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. 5. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES TO BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF APRIL 30, 1998. Memorandum from City Manager Stephen Burrell dated June 15, 1998. Supplemental list of delinquent refuse charges received June 23, 1998. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:52 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned why BFI could not process the collections themselves through small claims court. The public hearing closed at 7:53 P.M. Action: To approve the staff recommendation to adopt Resolution No. 98-5924, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES," which authorizes and directs the County Assessor to include delinquent refuse charges, which remain ten days following this hearing, as a special assessment for collection as part of the County tax collection process. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. At 7:58 P.M., the order of the agenda returned to item 2. MUNICIPAL MATTERS 6. CLARK BUILDING: PRIVATE PARTIES. Memorandum from Community Resources Director Mary Rooney dated June 16, 1998. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:06 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said people who had weddings at the Clark Building should be allowed to drink, that drinking should not be restricted to just local groups. Public participation closed at 8:07 P.M. Action: To amend the facility use policy for the Clark Building to reflect the following: 1) The Clark Building may be reserved by: (a) non-profit, (b) community, (c) school, or (d) civic organizations, for fund-raisers, parties and/or events directly related to their organizations. Alcohol will be permitted at these functions and additional hourly restrictions will not apply. Appropriate fees to apply. 2) The Clark Building will remain available for rental on an hourly basis for: (a) meetings, and (b) recreation activities. Appropriate fees (commercial/non-profit) to apply. 3) The Clark Building will be available for rental for private parties subject to the following: (a) Private parties cannot be scheduled past 10 PM. (b) No alcohol will be permitted at private parties. (c) Resident fee shall remain at $30 per hour (plus staff costs and deposits). Non-resident fees shall be $60 per hour (plus staff costs and deposits). Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Edgerton and the absence of Benz. 7. APPROVE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE NORTH PIER PARKING STRUCTURE CIP 96-624. Memorandum from Public Works Director Harold Williams dated June 16, 1998. Public Works Director Williams presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To approve the staff recommendations to: 1) Approve the plans and specifications for construction of the North Pier Parking Structure; 2) Authorize staff to advertise for bids for this project; and 3) Authorize the Director of Public Works to issue addendum as necessary. Motion Bowler, second Oakes . The motion carried, noting the absence of Benz. 8. HERMOSA BEACH GREENBELT IMPROVEMENTS - AWARD OF BID. Memorandum from Public Works Director Harold Williams dated June 15, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Capital Improvement Program Engineer Joe Mankawich also responded to Council questions. No one came forward to address the Council on this item Action: To approve the staff recommendation to: 1) Authorize the award of the construction contract for the Hermosa Beach Greenbelt Improvements (CIP 95-508) to Geoscene Landscape of Escondido, California in the amount of $586,502.25; 2) Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3) Direct the City Clerk to reject all other bids and release all bid bonds after award by City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4) Authorize the Director of Public Works to make minor changes as necessary within budget; and 5) Appropriate an additional $46,705 in Sewer Funds and reduce the UUT Fund appropriation by $18,952.53 to the Hermosa Beach Greenbelt Improvements (CIP 95-508) as presented in the Fiscal Impact; and to direct staff to report back to the Council on what the cost would be to increase from 10 inches to 12 inches the diameter of the sleeve placed under the streets. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Benz to sponsor an open house for the California Coastal Commission, Redondo Beach city officials and Manhattan Beach city officials on September 19th for the free beach concert. Action: To continue this item to the next meeting of July 14, 1998, due to the absence this evening of Councilmember Benz. Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz. b. Request from Mayor Edgerton that the City Council adopt a resolution urging that the FAA modify the loop flight pattern over the South Bay and direct that a letter be sent to Manhattan Beach, Redondo Beach, and El Segundo asking that they adopt similar resolutions. Supplemental resolution received June 23, 1998. Mayor Edgerton spoke to his request. Action: To adopt Resolution No. 98-5925, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE FEDERAL AVIATION ADMINISTRATION TO DISCONTINUE THE ROUTING OF AIRCRAFT OVER THE CITY OF HERMOSA BEACH." Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz. c. Request from Mayor Edgerton that the City Council direct staff to review the LAX Airport development plans to determine whether or not appropriate CEQA procedures have been followed as to any impact on Hermosa Beach, including increased traffic, noise, etc. Mayor Edgerton spoke to and clarified his request. City Attorney Jenkins responded to Council questions. Action: To direct Mayor Edgerton to draft, for Council review, a letter requesting LAX and Federal Aviation Administration (FAA) officials to respond regarding whether or not all appropriate California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) procedures have been followed as to impacts on Hermosa Beach, including increased traffic and noise; said letter to include perhaps a check list for response, and to serve as a model form that other concerned cities could use. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time were: Russell Repp - 1641 Manhattan Avenue, opposed parking in the residential areas by non-residents and business patrons; and Roger Bacon - requested that Council direct the Police Department to enforce the no right turn on red from Aviation Boulevard onto northbound Pacific Coast Highway. City Attorney Jenkins requested that the Council add to the closed session an item of initiation of litigation pursuant to Government Code Section 54956.9(c). Action: To add the initiation of litigation item to the closed session agenda, as recommended by the City Attorney, with the finding that the matter arose after the posting of the agenda. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8 Property: 4181-024-900 (Southeast corner of 27th St. and Manhattan Ave.) Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price and Terms of Payment 2. CONFERENCE WITH LEGAL COUNSEL a) EXISTING LITIGATION: Pursuant to Government Code Section 54956.9(a) (1) Name of Case: Victor v. City of Hermosa BeachCase Number: YC025553 (2) Name of Case: Stern v. City of Hermosa BeachCase Number: YC028739 b) INITIATION OF LITIGATION: Pursuant to Government Code Section 54956.9(c) - (added by motion above) ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 23, 1998, at the hour of 9:17 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:25 P.M. At the hour of 10:07 P.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - The following decision was made: Action: Final approval of settlement agreement, with the City to pay $55,000 to the plaintiff, in Case No. YC028739, Stern v. City of Hermosa Beach. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Mary Tyson, on Tuesday, June 23, 1998, at the hour of 10:08 P.M. to an Adjourned Regular Meeting on Thursday, July 9, 1998, at the hour of 7:10 P.M. with the Federal Aviation Administration (FAA) concerning flyovers and noise. ********************************************************************** Missing minutes of July 9, 1998 ? ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 14, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Michael Fleisher ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: None PRESENTATIONS: PRESENTATION BY ROGER BACON OF CHECK FOR $7,500 FROM HAWTHORNE SAVINGS FOR BANNER DISPLAY 9/30/98 THROUGH 1/1/99 TO FUND THE RESTORATION OF THE VETTER WINDMILL Roger Bacon presented a check to Mayor Edgerton, for the Vetter Windmill restoration, in the amount of $30,851.88. Mr. Bacon thanked all of the participants in the banner program that had created the restoration fund and introduced Mr. Steve Strong who, at his own expense, has gathered information and purchased needed parts for the windmill repair. CLOSED SESSION REPORT FOR MEETING OF JUNE 23, 1998: COUNCIL APPROVED FINAL SETTLEMENT OF STERN V. CITY OF HERMOSA BEACH. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Maria West - 615 Seventh Street, asked for greater Police patrol near the Greenbelt around the 2:00 A.M. bar closing time; and, questioned the status of the Mar Vista proposal; Fred Haas - concerned with airplane noise and the new flight patterns; asked the City to join with neighboring cities to complain and try to stop these airport changes; Eric Piedies - announced a fundraiser on August 1, 1998, at "Chillers" in Redondo Beach to benefit the Resources for Independence; submitted flyers; Ralph Wernli - 619 Pacific Coast Highway (PCH), said that his was one of seven businesses affected by the no westbound traffic on Sixth Street; said that the businesses had not been notified of the possibility of a change in the traffic pattern and would be severely affected if it takes place; Danny Farshadfar - 601 PCH business owner, spoke of the drastic effect that closing Sixth Street to westbound traffic west of Pacific Coast Highway would have on his business; Action: To direct staff to delay enactment of the closure of Sixth Street to westbound traffic west of Pacific Coast Highway and return the issue to the Council for further resident and business input on the agenda of the regular meeting of July 28, 1998, and to ensure that the affected businesses are notified of the meeting. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz and the abstention of Reviczky. Continuing to come forward to address the Council were: Alice Villalobos - Coast Pet Clinic, asked the Council to consider instigating a program that would allow leashed pets on the beach during certain hours, such as before 9:00 A.M. and after 6:00 P.M. in summer (4:00 P.M. in winter); said that other coastal cities such as Huntington Beach, San Diego and Carmel had such programs without problems; suggested that an annual permit of $50 per family plus $10 per dog be established that carried a very large fine of up to $500 for violations; submitted information directly to the Council; Drew Weaver - Hermosa Beach, spoke in support of Dr. Villalobos concept, said that he had lived in cities along the coast that allowed this type of dog use and there had been no problems; Greg Tilka - 230 27th Street, spoke regarding a City owned partial lot near 27th Street and Manhattan Avenue that is under discussion for sale to a developer; asked that the City not sell the lot, but to allow the neighborhood to develop it as a small park instead; and, Roger Bacon - 1100 Pacific Coast Highway, spoke at this time but is shown above under Presentation for clarity. Action: To direct staff to gather information regarding the programs allowing pets on the beach in other cities and return to Council with a report on the possibility of instigating Dr. Villalobo's plan in Hermosa Beach and to determine if a restriction to allow Hermosa Beach residents only to purchase permits was allowable. Motion Oakes, second Mayor Edgerton. The motion carried, noting the absence of Benz. (b) COUNCIL COMMENTS: Councilmember Reviczky responded to comments by saying that Hermosa Beach is taking an active part in protesting the changes in flight patterns and the expansion of LAX. (c) WRITTEN COMMUNICATION 1. Letter from Ron and Barbara Taylor dated June 22, 1998 regarding traffic on Monterey Boulevard. Supplemental letter from the Taylors received July 14, 1998, regarding reopening Valley Drive to northbound traffic. Action: To receive and file. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. 2. Letter from Rosamond Fogg for Hermosa Beach Stop Oil dated June 18, 1998 regarding Macpherson Oil Project - Request for supplemental/subsequent EIR. Action: To receive and file. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz and the abstention of Reviczky. 3. Letter from Kurt Nelson of J.C.C. Homes dated July 7, 1998, requesting reconsideration of zone change for Learned Lumber site. Action: To receive and file the letter at the request of Mr. Nelson. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz and the abstention of Reviczky and Mayor Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Reviczky, (f) Mayor Edgerton, (l) Oakes, and noting that item (g) was requested to be continued by staff. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:58 P.M. the order of the agenda was suspended to go to the public hearing, item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on June 9, 1998; and, 2) Minutes of the Regular meeting held on June 23, 1998. Action: To approve the minutes of the Regular Meeting of June 9, 1998, and the Regular Meeting of June 23, 1998, as presented. (Benz Absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14065 THROUGH 14254 INCLUSIVE, NOTING VOIDED CHECK NO. 14222, AND TO APPROVE THE CANCELLATION OF CHECK NO. 13921 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Benz Absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To approve the staff recommendation to receive and file the tentative future agenda items as presented. (Benz Absent) (d) RECOMMENDATION TO APPROPRIATE $1,000 DONATION FROM THE SURFRIDER FOUNDATION TO THE COMMUNITY RESOURCE DEPARTMENT TO BE USED FOR SUMMER SURF CAMP. Memorandum from Finance Director Viki Copeland dated June 30, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and publicly thank the donor. Action: To approve the staff recommendation to appropriate the Surfrider Foundation, South Bay Chapter donation of $1,000.00 to the Community Resources Department to be used for the summer surf camp for fiscal year 1997-98. Motion Reviczky, second Oakes. The motion carried, noting the absence of Benz. (e) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY SUPERINTENDENT OF SCHOOLS FOR ROOM 16 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated July 6, 1998. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the three-year lease agreement between the Los Angeles County Superintendent of Schools and the City for the use of Room 16 in the Community Center at a rate of $901.60 per month (920 sq.ft. X $.98 per sq.ft.) from July 1, 1998, through June 30, 1999, for a total annual rental income of $10,819.20; $947.60 per month (920 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total annual rental income of $11,371.20; and, with the rental rate to be determined by the City Council for 2000/01; and, 2) authorize the Mayor to sign the lease. (Benz Absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 17, 1998. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to express concern regarding remarks made by a Commissioner. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of June 17, 1998. Motion Mayor Edgerton, second Oakes. The motion carried, noting the absence of Benz. (g) RECOMMENDATION TO AWARD LANDSCAPE MAINTENANCE CONTRACT TO LANDSCAPE WEST FOR A PERIOD OF THREE YEARS IN THE AMOUNT OF $343,044. Memorandum from Public Works Director Harold Williams dated July 2, 1998. Action: Mayor Edgerton directed, with the consensus of the Council, that this item be continued as requested by the City Manager. (Benz Absent) (h) RECOMMENDATION TO APPROPRIATE $24,486.15 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW POLICE MOTORCYCLES FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated July 7, 1998. Action: To approve the staff recommendation to appropriate $24,486.15 from the Equipment Replacement Fund for the purchase of three (3) new police motorcycles for the Police Department. (Benz Absent) (i) RECOMMENDATION TO APPROPRIATE $70,590.91 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW BLACK AND WHITE PATROL CARS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated July 2, 1998. Action: To approve the staff recommendation to: 1.appropriate $70,590.91 from the Equipment Replacement Fund for the purchase of three (3) new black and white patrol cars for the Police Department: and, 2.authorize staff to purchase the three patrol cars from the Wondries Fleet Group of Alhambra, California, holder of a contract (Bid #P0224) with the County of Los Angeles and provider of police vehicles to many of the agencies within Los Angeles County as the advantage of using this contract purchase is the favorable pricing and because the vehicles come equipped as police packaged cars. (Benz Absent) (j) RECOMMENDATION TO APPROVE THE CONSTRUCTION DOCUMENTS FOR THE HERMOSA BEACH PIER RENOVATION PROJECT AS DESIGNED BY HARDING LAWSON ASSOCIATES AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE HERMOSA BEACH PIER RENOVATION. Memorandum from Public Works Director Harold Williams dated July 6, 1998. Action: To approve the staff recommendation to: 1.Approve the construction documents for the Hermosa Beach Pier Renovation Project (CIP 98-620) as designed by Harding Lawson Associates; and, 2.Authorize the advertisement for bids for the construction of the Hermosa Beach Pier Renovation. (Benz Absent) (k) RECOMMENDATION TO APPROVE THE INSTALLATION OF A 15 MINUTE (GREEN ZONE) TIME LIMIT PARKING IN FRONT OF 145 PIER AVENUE. Memorandum from Public Works Director Harold Williams dated July 7, 1998. Action: To approve the staff recommendation to approve the installation of a 15 minute (green zone) time limit parking in front of 145 Pier Avenue, Java Man Cafe. (Benz Absent) (l) RECOMMENDATION TO AWARD THE CONSTRUCTION FOR THE BASKETBALL AND TENNIS COURT RESURFACING TO TAYLOR TENNIS COURTS OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $46,086, REJECT ALL OTHER BIDS, AND APPROPRIATE A CONTINGENCY OF 10%. Memorandum from Public Works Director Harold Williams dated June 30, 1998. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to question if the tennis courts to be removed for the skateboard track were included in this amount. Community Resources Director Mary Rooney responded that those two courts were not included, all others in the City and the basketball courts at Clark were included. Action: To approve the staff recommendation to: 1.award the construction contract for the Basketball and Tennis Court Resurfacing (CIP 98-527) to Taylor Tennis Courts of Anahiem, California in the amount of $46,086; 2.authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3.direct the City Clerk to reject all other bids after award by City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4.authorize the Director of Public Works to make minor changes as necessary within budget; and, 5.appropriate $50,694 ($46,086 + a 10% contingency) from the Park & Recreation Tax Fund(125) to the Basketball and Tennis Court Resurfacing (CIP 98-527). Motion Oakes, second Reviczky. The motion carried, noting the absence of Benz. (m) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 1, 1998. Action: To approve the staff recommendation to deny the claim and refer to the City's Liability Claims Administrator. Claimant: Fran Little Date of Loss: 6/12/98 Date Filed: 6/23/98 Allegation : Claimant alleges she drove her car over city-owned storm drain pipe in parking lot. The underside of her car was scraped, causing damage to the muffler. (Benz Absent) (n) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF THE CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP WITH THE PROVISION THAT THE PROJECT BE DEVELOPED IN CONFORMANCE WITH THE LETTER OF AGREEMENT SIGNED BY THE APPLICANT AND THE ADJOINING PROPERTY OWNERS DATED MAY 20, 1998. Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5926, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, AND PRECISE DEVELOPMENT PLAN, FOR A TWO-UNIT CONDOMINIUM PROJECT, AND VESTING TENTATIVE PARCEL MAP 21493 AT 840 15TH ST., LEGALLY DESCRIBED AS LOT 25 HEFNER FIORINI ALLEN TRACT." (Benz Absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (f), and (l) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. PROPOSED VACATION OF A PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Harold Williams dated July 6, 1998. Public Works Director Williams presented the staff report and responded to Council questions. The public hearing opened at 8:01 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:01 P.M. Action: To approve the staff recommendation to adopt Resolution No. 98-5927, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER." Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. At the hour of 8:03 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS 5. AWARD CONTRACT FOR ADMINISTRATION OF CITY MUNICIPAL STORM WATER PROGRAM. Memorandum from Public Works Director Harold Williams dated July 7, 1998. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 8:15 P.M. As no one came forward to address the Council on this item, public participation closed at 8:15 P.M. Action: To approve the staff recommendation to: 1.Retain John L. Hunter and Associates, Inc. to administer City's Municipal Storm Water program, with the incorporation of the concerts discussed in the letter of July 7, 1998, and implement NPDES permit requirements for an amount of $32,716 . 2.Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Motion Bowler, second Oakes. The motion carried noting the absence of Benz. 6. APPROVAL OF AMENDMENT TO UTILITY USER TAX CODE REGARDING COLLECTION BY ELECTRICITY PROVIDERS. Memorandum from Finance Director Viki Copeland dated June 15, 1998. Finance Director Copeland presented the staff report and responded to Council questions. Public participation opened at 8:20 P.M. As no one came forward to address the Council on this item, public participation closed at 8:20 P.M. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1181, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz 7. APPROVAL OF AMENDMENT TO PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS AND DRIVERS. Memorandum from Police Chief Val Straser dated July 1, 1998. Police Chief Straser presented the staff report and responded to Council questions, saying that the change was necessary in order to be compatible with the neighboring cities. Public participation opened at 8:24 P.M. As no one came forward to address the Council on this item, public participation closed at 8:24 P.M. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1182, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS." Motion Bowler, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT Benz The meeting recessed at 8:25 P.M. and Mayor Edgerton announced that there would be refreshments (provided by Nancy Reviczky) in honor of Councilmember Reviczky's birthday tomorrow, then joined with other Councilmembers and the audience in singing and wishing Mr. Reviczky a Happy Birthday. The meeting reconvened at 8:54 P.M. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. BIJOU THEATRE AND RETAIL DEVELOPMENT PROJECT. Memorandum from City Manager Stephen Burrell dated July 8, 1998. Councilmember Bowler declared a potential conflict of interest due to owning a business within the area and left the dais and the room at 8:55 P.M. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to discuss a revised project with the property owners that includes a movie theatre, a parking agreement incorporating the use of Lot B, and protection of the architectural features of the Bijou building. Motion Mayor Edgerton, second Oakes. The motion carried noting the absence of Benz and Bowler. Councilmember Bowler returned at 9:43 P.M. b. SB2010 - SANTA MONICA MOUNTAINS CONSERVANCY EXPANSION OF JURISDICTION BEYOND THE SANTA MONICA MOUNTAINS. Memorandum from City Manager Stephen Burrell dated June 30, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to take a position of opposition to SB2010 and that staff be directed to track the bill and communicate the City's position to the legislation. Motion Bowler, second Oakes. The motion carried noting the absence of Benz. City Manager Burrell remarked that the proposed elimination of the vehicle in-lieu tax was now being considered that the tax would remain the same but be allowed as a deduction on State income tax. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERM - CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated July 8, 1998. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to re-appoint current Civil Service Board member John Wisdom to fill the expiring term and serve another four-year term ending July 15, 2002. Motion Reviczky, second Oakes. The motion carried noting the absence of Benz. 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Pro Tem Benz to sponsor an open house for the California Coastal Commission, Redondo Beach city officials and Manhattan Beach city officials on September 19th for the free beach concert. (Continued from the meeting of 6/23/98.) Action: To invite the officials from the Coastal Commission, Redondo Beach and Manhattan Beach to attend the free beach concert on Saturday, September 19, 1998. Motion Mayor Edgerton, second Reviczky. The motion carried noting the absence of Benz. b. Request from Councilmember Oakes for a review of parking requirements for R-2 developments. Councilmember Oakes spoke to her request. Councilmember Reviczky requested that open space be reviewed as well. Action: To direct staff to return with the information that would allow the Council to review: 1.the requirements for parking in multi-family residential zones; and, 2.the requirements for open space in multi-family residential zones (not necessarily in the same item.) Motion Oakes, second Mayor Edgerton. The motion carried noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time were: Fred Haas - related problems that had occurred when liquid sunscreen had melted into the eyes of friends and suggested a Mexican sombrero as a safe sunscreen alternative. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: : Pursuant to Government Code Section 54957.8 a. Property: 1309 Bard Street Negotiating Parties: Stephen Burrell Russ Lesser Under Negotiation: Price and Terms of Payment b. Property: 27th St. & Manhattan Ave. Negotiating Parties: Stephen Burrell Mark Walther Under Negotiation: Price and Terms of Payment ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 14, 1998, at the hour of 9:56 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:00 P.M. At the hour of 10:30 P.M. the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - It was announced that the following action had taken place: Action: To accept the agreement to purchase the property at 1309 Bard Street for $375,000. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: Benz ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 14, 1998 at the hour of 10:31 P.M. to the Regular Meeting of Tuesday, July 28, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 28, 1998, at the hour of 7:16 P.M. PLEDGE OF ALLEGIANCE - Jean Lombardo ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent: Mayor Edgerton MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Benz announced a Household Hazardous Waste Round-Up scheduled for August 29, 1998 from 9 A.M. to 3 P.M. at Hughes Electron Dynamics Division, 3100 West Lomita Boulevard in Torrance, phone 1-888-CLEAN LA He noted that flyers with further information were available at City Hall. Mayor Pro Tempore Benz requested that tonight's meeting be adjourned in memory of former employee Dick Olson who passed away July 18, 1998. He said Mr. Olson had been a long-time Hermosa resident, a former captain of the Hermosa Beach volunteer fire department, and a valued City employee for 35 years, until he retired as Acting Public Works Supervisor in June 1993. On behalf of the entire City Council, he offered deepest condolences to Mr. Olson's family and announced that memorial donations may be made to the American Cancer Society. Action: To adjourn tonight's meeting in memory of former City employee Dick Olson. Motion Mayor Pro Tempore Benz, second Bowler. The motion carried, noting the absence of Mayor Edgerton. PROCLAMATIONS/PRESENTATIONS: PRESENTATION OF A CHECK FROM THE HERMOSA BEACH WOMAN'S CLUB TO THE HERMOSA BEACH POLICE DEPARTMENT Jean Lombardo, representing the Hermosa Beach Womans' Club, presented to Police Chief Val Straser a check to the Police Department in the amount of $3,000. She said the Club members were very proud of Hermosa's police officers, and the donation was a contribution to the safety of the community. PRESENTATION OF A BULLETPROOF VEST FROM ROGER BACON TO THE HERMOSA BEACH POLICE DEPARTMENT Roger Bacon presented a bulletproof vest to Hermosa Beach Police Officer Dorothy Scheid, calling her the number one sharpshooter in the department and noting that the vest had been custom made for her. He said he was donating the vest to the Police Department in memory of slain former resident Linda Sobek, and introduced the members of Ms. Sobek's family who were in the audience, including her mother Elaine, her brother Steve and his wife and children. Officer Scheid thanked Mr. Bacon, briefly described some of the features of the ballistic vest and the protection it offered, noting that it weighed about 13 pounds. She then tried the vest on at Mr. Bacon's request. PROCLAMATION WELCOMING TO HERMOSA BEACH THE VISITORS FROM SISTER CITY OF LORETO, MEXICO Mayor Pro Tempore Benz read the proclamation welcoming the children from Loreto who were currently visiting Hermosa Beach and wished them all a memorable time. CLOSED SESSION REPORT FOR MEETING OF JULY 14, 1998: City Manager Burrell reported that tonight's agenda had erroneously stated that no reportable actions had been taken at the July 14, 1998 closed session when, if fact, Council had authorized staff to enter into negotiations with Russ Lessor of Body Glove for the purchase of the property located directly behind City Hall, at 1309 Bard Street, and that negotiations were underway at this time. He said the closed session announcement had been correctly included in the minutes of the Council's regular meeting (consent calendar item 1[a][2]). PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Ann Sullivan - 60 18th Street, submitted a copy of a Los Angeles ordinance prohibiting dogs on the boardwalk and greenbelt at Venice Beach between 11:00 A.M. and 8:00 P.M. on weekends and holidays during the summer months; and Judy Garland - 1181 Cypress, said the developers of the proposed Bijou Theater and retail project were attempting to create something unique and diversified to benefit the community; expressed disappointment at Council's negative reaction to their proposal at the previous meeting. (b) COUNCIL COMMENTS: Councilmember Bowler noted that he and Councilmember Reviczky represented the City at the initial meeting of the Coastal Cities Caucus that was held last week at the League of California Cities conference in Monterey. Councilmember Reviczky added that the meeting was interesting and said the act of speaking in one voice might enable cities to effect some changes and obtain funding from the State for beaches. He said one of the comparisons made was that Delaware spends $4.67 per capita on beach restoration and improvements, while California spends only 7 cents per capita on its beaches. Councilmember Oakes commented on how enjoyable the sunset concerts at the beach had been. Mayor Pro Tempore Benz concurred and hoped there would be more concerts in the future. (c) WRITTEN COMMUNICATION: 1. Letter from Ken Christensen, Vice-President/General Manager of Star 98.7 Radio, postponing the free concert scheduled for September 19, 1998. Coming forward to address the Council at this time was: Ken Christensen - Star 98.7 general manager, said the sponsors were unable to make a commitment of funds at such short notice and that he would like to reschedule a free beach concert for next year (Mayor Pro Tempore Benz advised him to work with staff on any future concert). Action: To receive and file. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Reviczky, (i) Reviczky, and (j) Reviczky. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on July 9, 1998; and, 2) Minutes of the Regular Meeting held on July 14, 1998. Action: To approve the minutes of the Adjourned Regular Meeting of July 9, 1998, and the Regular Meeting of July 14, 1998, as presented. (Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14246 THROUGH 14419 INCLUSIVE, NOTING VOIDED CHECK NO. 14285, AND TO APPROVE CANCELLATION OF CHECK NO. 14147 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Mayor Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the June, 1998, Financial Reports as presented. (Mayor Edgerton absent) (e) RECOMMENDATION TO ADOPT RESOLUTION AMENDING RESOLUTION NO. 90-5422 TO ADD PERMIT FEES FOR TAXICABS OR AUTOS FOR HIRE TO THE MASTER FEE RESOLUTION. Memorandum from Finance Director Viki Copeland dated July 7, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5928, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING RESOLUTION NO. 90-5422 RELATING TO SCHEDULE OF PERMIT FEES FOR TAXICABS AND AUTOS FOR HIRE." (Mayor Edgerton absent) (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24888 FOR A 2-UNIT CONDOMINIUM PROJECT AT 2046 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 20, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5929 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24888 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 2046 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON JULY 21, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting held on July 21, 1998. (Mayor Edgerton absent) (h) RECOMMENDATION TO APPROVE USE OF THE PIER BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL BEACH SCREENING SCHEDULED FOR THURSDAY, SEPTEMBER 10, 1998 FROM 7:00 PM - 10:00 PM; WAIVE SPECIAL EVENT AND BANNER PERMIT FEES; CHARGE FOR POLICE SERVICES (IF REQUIRED) AT HOURLY RATE; AND, AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated July 21, 1998. Supplemental first page to staff report received today from Community Resources. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1.approve the use of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival beach screening scheduled for Thursday, September 10, 1998, from 7:00 P.M. - 10:00 P.M.; 2.waive special event and banner permit fees; 3.charge for Police services (if required) at hourly rate; and 4.authorize the Mayor to sign the contract; with direction to staff to preview the film to be shown on the beach to ensure its suitability for general audiences.Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Edgerton. (i) RECOMMENDATION TO APPROVE THE REQUEST FROM BAY CITIES SURF CLUB TO HOLD A SURF COMPETITION AND "ALOHA DAYS" CELEBRATION ON SATURDAY, SEPTEMBER 26, 1998 AND APPROVE THE EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated July 21, 1998. 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. Coming forward to address the Council at this time was: Abel Ybarra - Bay Cities Surf Club, responded to Council questions; said the reason for moving the stage from the beach to the east end of the Pier Plaza was based on feedback from the merchants donating money to the event who hope that the new location will draw more foot traffic to the business area. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1.approve the request from Bay Cities Surf Club to hold a surf competition and "Aloha Days" celebration on Saturday, September 26, 1998; and 2.approve the event contract. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Edgerton. (j) RECOMMENDATION TO INSTRUCT CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL REMODEL PROJECT (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated July 21, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To: 1.form a subcommittee to address items relating to the Council Chambers portion of the remodel project; 2.appoint Councilmembers Reviczky and Oakes to serve on the subcommittee; and 3.authorize staff to proceed with the bid documents on the rest of the City Hall remodel project. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. City Manager Burrell said staff will prepare the documents to go to bid, and perhaps come back to the next meeting with a recommendation from the subcommittee, and then simply insert the Council Chamber items into the bid package. 2. CONSENT ORDINANCES a. ORDINANCE NO. 98-1181 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 16, 1998. Action: To waive full reading and adopt Ordinance No. 98-1181. Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky NOES: Mayor Pro Tempore Benz ABSENT: Mayor Edgerton b. ORDINANCE NO. 98-1182 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 16, 1998. Action: To waive full reading and adopt Ordinance No. 98-1182. Motion Bowler, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: Mayor Edgerton 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (i), and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4. PROPOSED HALF STREET CLOSURE OF 6th STREET AT 190 FEET WEST OF PACIFIC COAST HIGHWAY. Memorandum from Public Works Director Harold Williams dated July 22, 1998. Councilmember Reviczky declared a potential conflict of interest, stepped down from the dais and left the room. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 7:58 P.M. Coming forward to address the Council on this item were: Danny Farshadfar - business owner at 601 Pacific Coast Highway, said the street closure would adversely affect his business and would simply divert traffic to Fifth and Eighth streets; also thought banning left turns onto Pacific Coast Highway made no sense, especially during off-traffic times; Elizabeth Conley - 650 Sixth Street, asked Council to proceed with the temporary street closure which had been granted; said the residents on that street face unique problems; Steve Kinney - 635 Sixth Street, spoke in support of the street closure; urged Council to proceed with the six-month trial period; and Margaret MacDonald - 650 Sixth Street, supported moving ahead with the street closure, noting it would be re-evaluated after six months; had no objection to the City requesting that Caltrans remove the right-turn-only sign. Public participation closed at 8:05 P.M. Action: To approve the staff recommendation to: 1.reaffirm Council's decision of May 28, 1998, and order the installation of the closure with a ten day notice; and 2.direct staff to request that Caltrans remove the right-turn-only restriction from Sixth Street. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton and Councilmember Reviczky. City Manager Burrell said the closure should take place within 10-14 days and the trial period would end in February 1999. Councilmember Reviczky returned to the dais at 8:01 P.M. 5. REVIEW OF MULTI-FAMILY RESIDENTIAL PARKING SPACE REQUIREMENT AND OPEN SPACE REQUIREMENT. Memorandum from Community Development Director Sol Blumenfeld dated July 16, 1998. Community Development Director Blumenfeld responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 8:18 P.M. Coming forward to address the Council on this item was:Betty Martin - Hermosa Beach, requested that Council reconsider its removal of the 17-foot setback rule in the Shakespeare tract; suggested that the width of the alley be a consideration in determining setbacks. Public participation closed at 8:20 P.M. Action: To direct staff to schedule a special meeting, at the earliest date possible when a full Council would be present, to discuss the parking space, setback and open space requirements for all residential zones, noting the Council comments this evening, which included: 1.concerns that single family homes are penalized with higher parking and open space requirements than those applied to multi-family dwellings; 2.concerns about the definition of open space, the use of some decks over driveways counting as open space, and how open space formulas are determined; 3.looking at alternatives such as changing the floor area ratio rather than straight setback rules; and 4.developing ways to ensure the preservation of the architectural character of neighborhoods with new development while allowing for the expansion of lots to the potential allowed by zoning. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. City Manager Burrell said the special meeting would be set up in a workshop format. The meeting recessed at 8:30 P.M.The meeting reconvened at 8:50 P.M. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR SOUTH BAY CITIES COUNCIL OF GOVERNMENTS. Memorandum from City Manager Stephen Burrell dated July 21, 1998. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5930, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF AN INACTIVE MEMBERSHIP STATUS AND MODIFYING THE AUTHORITY'S QUORUM REQUIREMENT" which would establish a mechanism by which the South Bay Cities Council of Governments' total voting membership for quorum and voting purposes would consist only of member agencies on active status. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. REPORT FROM COUNCIL SUBCOMMITTEE APPOINTED TO INVESTIGATE ALLEGATIONS CONCERNING COMMISSIONER ROBERT ARONOFF OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Oral report from Councilmember Bowler and Councilmember Reviczky. Councilmember Reviczky presented the subcommittee report. Action: To remove Robert Aronoff from the Parks, Recreation and Community Resources Advisory Commission. Motion Reviczky, second Bowler. The motion carried, noting the absence of Mayor Edgerton. 8. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL: a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Unispec Construction Inc. v. City of Hermosa Beach. Case Number: YC031544 Mayor Pro Tempore Benz noted that the following item, although listed on the agenda, would not be discussed in closed session this evening due to lack of a quorum, since two of the four Councilmembers present were unable to participate due to potential conflicts of interest. b. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 28, 1998, at the hour of 8:55 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:10 P.M. At the hour of 9:30 P.M. the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of former employee Dick Olson on Tuesday, July 28, 1998, at the hour of 9:31 P.M. to the Regular Meeting of Tuesday, August 11, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 11, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Steve Berry, representing BFI ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:21 P.M.) PROCLAMATIONS / PRESENTATIONS: - None MAYOR'S COMMENTS/ANNOUNCEMENTS: - Mayor Edgerton announced a Household Hazardous Waste Round-Up on Saturday, August 29, 1998, from 9:00 A.M. To 3:00 P.M., at the Hughes Electron Dynamics Division, 3100 West Lomita Blvd., Torrance and said that for more information people could call: 1-888-Clean LA. Mayor Edgerton also announced the extension of the filing deadline for the Beach Cities Health District due to the incumbents not running for re-election and urged anyone concerned with Hermosa Beach's interests to file. And, Mayor Edgerton spoke on the special meeting of Thursday, September 17, 1998, at 7:00 P.M., for a review of the issues raised on safety concerns to be reviewed by the Aspen Company. CLOSED SESSION REPORT FOR MEETING OF JULY 28, 1998 ACTION: - No Reportable Actions. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Steve Berry - Public Service Executive for BFI, introduced himself to the Council and the viewing citizens of Hermosa Beach; said he hoped to carry on the tradition of close ties to the community; and, said that BFI would be conducting a residential and commercial audit to determine if anyone was using the service without being billed. Councilmember Benz arrived at 7:21 P.M. (b) COUNCIL COMMENTS: Mayor Edgerton said that he and City Manager Stephen Burrell had attended the Morongo Indian suit against the FAA heard in San Francisco; he described some of the more unusual noise "averaging" techniques used by the FAA; Councilmember Bowler reminded the citizenry that the City would host a meeting with members of the FAA tomorrow night at 7:00 P.M. and urged the citizens to attend. (c) WRITTEN COMMUNICATION: 1. Resident petition requesting evaluation of the safety of Eighth Street, including closure of Eighth Street, installation of speed bumps, building more sidewalks and additional enforcement. Coming forward to address the Council on this item were: Alan Cohen - 801 Bard Street, thanked the Council for the improvements in the downtown; spoke of the need for safety measures on Eighth Street; said that the lack of completed sidewalks made it difficult for pedestrians, especially with young children and showed a diagram of the unconnected patches of sidewalks; spoke of excessive speed and dangerous conditions; asked that Council consider some of the options that had been submitted such as eliminating the Eighth Street crossing of the Greenbelt; submitted information; Susan Sole - 439 Eighth Street, said that she spoke on behalf of mothers with young children and said that conditions were very dangerous for pedestrians; asked the Council to make changes for safety; and, Michael Cahalan - 805 Bard Street, spoke of changes in Hermosa Beach regarding the downtown area and said that there was an increase in late night traffic due to the increase in restaurants and bars; said that there needed to be stop signs at the intersections of Eighth Street and Cypress Avenue and at Eighth Street and Bard Street. City Manager Burrell responded to Council questions. Action: To direct staff to: 1.examine the options presented by the residents on or near Eighth Street concerning the safety of Eighth Street that consisted of: consistent sidewalks; close Eighth Street to through traffic; change Eighth Street to one-way traffic; and/or, increase traffic patrol and enforcement for speeding and noise; 1.use the study prepared in October of 1994, and return to Council with an agenda item for a future meeting, with a recommendation that shows the possible effect on neighboring streets as well as on Eighth Street; and, 2.ensure that the residents signing the petition are notified of the meeting by letter and by a newspaper advertisment. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 2. Letter from Hermosa Beach Sister City Association requesting Council approval for installation of commemorative ceramic painting in Loreto Plaza. Coming forward to address the Council on this item were: Dick McCurdy - President, Hermosa Beach Sister City, spoke to his letter and requested that the plaque be installed and displayed at Loreto Plaza; and, Winston Marshall - Hermosa Beach, displayed the 20" by 24" ceramic plaque created by Carolyn Barbre, formerly of Hermosa Beach. Action: To approve the installation of the ceramic plaque commemorating the 300 year history of Loreto and the 90 year history of Hermosa Beach in an appropriate area of the City-owned walkway in Loreto Plaza. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (d) Mayor Edgerton, (h) Mayor Edgerton, (i) Bowler, and (k) Mayor Edgerton. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 28, 1998. Action: To approve the staff recommendation to approve the minutes of the regular meeting of the City Council held on July 28, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14420 THROUGH 14545, NOTING VOIDED CHECKS NOS. 14447, 14534 AND 14540, AND TO APPROVE CANCELLATION OF CHECK NO. 14422 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 plan check costs (over $18,000) and if the City planned to go out to bid for plan check; and, the cost of reclaimed water on a per acre foot basis. City Manager Burrell responded to Council questions and said that plan check would be going to bid and that he would return with the cost of water per acre foot. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote. (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 APPROPRIATE $3,000 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO THE POLICE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated August 4, 1998. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to publicly acknowledge and thank the donor. Action: To approve the staff recommendation to appropriate the $3,000 donation from the Woman's Club of Hermosa Beach to the Police Department for the purchase of a police motorcycle and equipment. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. (e) RECOMMENDATION TO APPROVE AGREEMENT WITH DMR TEAM, INC. IN THE AMOUNT OF $21,515 FOR CONSULTING ENGINEERING SERVICES ON THE MONTEREY BOULEVARD STREET IMPROVEMENTS FROM PIER AVENUE TO 19TH STREET. Memorandum from Public Works Director Harold Williams dated August 4, 1998. Action: To approve the staff recommendation to: 1.approve the agreement between the City of Hermosa Beach and DMR Team, Inc. in the amount of $21,515 for consulting engineering services on the Monterey Boulevard street improvements from Pier Avenue to 19th Street; and, 2.authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 15, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 15, 1998. (g) RECOMMENDATION TO APPROVE THE CONSTRUCTION DOCUMENTS FOR THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT (CIP 97-525, 98-626) AS DESIGNED BY LAWRENCE MOSS & ASSOCIATES AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT. Memorandum from Public Works Director Harold Williams dated August 4, 1998. Action: To approve the staff recommendation to: 1.approve the construction documents for the Community Center Skate Track and Tennis Court Project (CIP 97-525, 98-626) as designed by Lawrence Moss & Associates; and, 2.authorize the advertisement for bids for the construction of the Community Center Skate Track and Tennis Court Project. (h) RECOMMENDATION TO DIRECT CITY CLERK TO APPROPRIATELY AMEND THE CITY'S CONFLICT OF INTEREST CODE, ENSURING IT IS ACCURATE AND UP TO DATE, AND SUBMIT THE AMENDED CODE TO COUNCIL FOR FINAL APPROVAL WITHIN 90 DAYS, PURSUANT TO STATE LAW. Memorandum from City Clerk Elaine Doerfling dated July 29, 1998. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting. Deputy City Clerk Naoma Valdes clarified the statutory nature of this item and said that since this would come back as a Resolution, it was different than, and would not change, the conflict of interest Ordinances codified in the Municipal Code. Action: To approve the staff recommendation to direct the City Clerk to: 1.appropriately amend the City's Conflict of Interest Code, ensuring it is accurate and up to date, and 2.submit the amended Code to Council for final approval within 90 days, pursuant to State law. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RATIFY THE ACTION OF THE CITY MANAGER TO COMPLETE THE ASPEN STUDY BY AUTHORIZING THE ADDITIONAL WORK NECESSARY AS A RESULT OF THE PUBLIC INPUT RECEIVED AT THE STAKEHOLDERS MEETING. Memorandum from City Manager Stephen Burrell dated July 29, 1998. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to clarify that technical issues had been raised that had added studies (and costs) to the report that would be heard on Thursday, September 17, 1998. Action: To approve the staff recommendation to ratify the action of the City Manager to complete the Aspen Study by authorizing the additional work necessary as a result of the public input received at the Stakeholders Meeting for the additional cost of $10,500. Motion Bowler, second Mayor Edgerton. The motion carried, noting the abstentions of Benz and Reviczky. (j) RECOMMENDATION TO RECEIVE AND FILE THE REVENUE AND EXPENDITURE REPORTS FOR JUNE, 1998. Memorandum from Finance Director Viki Copeland dated August 6, 1998. Action: To approve the staff recommendation to receive and file the revenue and expenditure reports for June, 1998, showing that General Fund revenue is 102.0% and Parking Fund revenue is 98.3% received for 100% of the fiscal year and General Fund expenditures are 91.9% and Parking Fund expenditures are 96.1% for 100% of the fiscal year. (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52278 FOR A 5-LOT SUBDIVISION FOR FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AT 532-540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated August 6, 1998. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting. Community Development Director Blumenfeld responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5931, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #52278 FOR A 5-LOT SUBDIVISION FOR FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AT 532-540 20TH STREET, HERMOSA BEACH, CALIFORNIA." Motion Mayor Edgerton, Second Bowler. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (d), (h), (i), and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None The meeting recessed at the hour of 8:15 P.M. The meeting reconvened at the hour of 8:37 P.M. MUNICIPAL MATTERS 4. INSTALLATION OF OPERATIONAL IMPROVEMENTS ON THIRD STREET EAST OF PACIFIC COAST HIGHWAY AND OCEAN VIEW BETWEEN THIRD AND FOURTH STREETS. Memorandum from Public Works Director Harold Williams dated August 4, 1998. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 8:52 P.M. Coming forward to address the Council on this item were: Janet Taranto - 906 Third Street, said that she did not believe the raised island on Ocean View Avenue would have the desired effect of reducing dangerous traffic; did like the concept of two-way traffic on lower Third Street and asked that lot 21 be closed for a six-month trial period; Nicole Libresco - 843 Fourth Street, said that she would really like a park on Lot 21, but asked that the intersection at least be closed on a trial basis; Ellen Murphy - 843 Third Street, said that cars speed up when they make an illegal turn; said that she had lost a dog due to an illegal driver; and said that a park would be an asset to the area; Gene Taranto - 906 Third Street, said that a raised island at the Ocean View Avenue intersection with Third Street would not affect the current traffic flow or stop wrong-way turns; asked the Council to consider the safety of the children in the area; Nicole Webb - 840 Third Street, said that the traffic was very dangerous in this area; Stacy Gleason - 916 Third Street, said that she had had a child hit on Third Street; and, Deb Scanlon - 915 Third Street, said that there was a lot more traffic and many more children now than in the past. Public participation closed at 9:13 P.M. Action: To approve the staff recommendation to: 1.approve the installation of a raised barrier channelizing Third Street east of Pacific Coast Highway and converting Third Street from one-way to two-way between Pacific Coast Highway and 120 feet east of Pacific Coast Highway at a cost estimated at $2,000, and, noting that parking was not to be removed in this area; 2.install temporary barriers at the north and south end of the area known as Lot 21 on Ocean View, for a six-month evaluation period; and, 3.direct staff to explore the possibility of eventually closing the area permanently and creating a small park. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 5. CONCEPTUAL APPROVAL FOR CITY HOLIDAY DECORATION PROGRAM. Memorandum from Community Resources Director Mary Rooney dated August 5, 1998. Community Resources Director Mary Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the council on this item was: Jeff (J.R.) Revinsky - Dekra-Lite designer, displayed design sketches and responded to Council questions. Action: To approve the staff recommendation to: 1.approve a holiday decoration program in concept; 2.direct staff to return with three potential budgets ranging from $5,000 to $20,000 to $40,000; and, 3.direct staff to recognize the Council priorities (in ascending order) as: 1.Pacific Coast Highway (PCH) lighted street banners at the north and south City entrances; 2.white lights on the palm trees in the downtown plaza; 3.up to a 25 foot Christmas tree in the plaza; 4.lighted street banner at the Ardmore Avenue/Valley Drive/Pier Avenue intersection; 5.lighted street banner at the Pier Avenue/ Aviation Blvd./PCH area; and, 6.as money is available, to continue with decorations down Pier Avenue Motion Mayor Edgerton, second Oakes. The motion carried, noting the dissenting vote of Benz. 6. ORDINANCE IMPLEMENTING STATUTORY PREREQUISITES FOR LIMITED TORT LIABILITY IMMUNITY. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 5, 1998. Risk Manager Earl presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1183, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.20 AND 12.28 OF THE MUNICIPAL CODE BY ADDING NEW PROVISIONS DESIGNATING THE STRAND, CERTAIN BIKEWAYS, SOUTH PARK AND CERTAIN SKATEBOARD FACILITIES AS RECREATIONAL AREAS IN WHICH IN-LINE SKATING IS PERMITTED, AND AMENDING CHAPTER 12.28 BY ADDING A NEW PROVISION REQUIRING THE USE OF SAFETY EQUIPMENT AT PUBLICLY-OWNED OR PUBLICLY-OPERATED SKATEBOARD FACILITIES." Motion Mayor Edgerton, second Reviczky. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. RECOMMENDATION TO CONFIRM SPECIAL MEETING DATE OF TUESDAY, SEPTEMBER 1, 1998, 7:00 P.M. TO ADDRESS ZONING, PARKING, AND OPEN SPACE REQUIREMENTS. City Manager Burrell requested that this meeting be continued to a time more convenient to the majority of the Council. Action: Mayor Edgerton directed, with the consensus of the Council, that this item be continued to a more convenient time. b. RECOMMENDATION TO CONFIRM SPECIAL MEETING DATE OF THURSDAY, SEPTEMBER 17, 1998, 7:00 P.M. FOR REVIEW OF ASPEN REPORT. Memorandum from City Manager Stephen Burrell dated August 5, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: Mayor Edgerton directed, with the consensus of the Council, to approve the date of Thursday, September 17, 1998, at the hour of 7:00 P.M., for a Special Meeting to review the Aspen Report regarding the potential for hazards if oil drilling is allowed in Hermosa Beach. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 1999. Memorandum from City Clerk Elaine Doerfling dated July 30, 1998. Deputy City Clerk Valdes presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1.direct the City Clerk to advertise the vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past; 2.invite applications from persons interested in being appointed to fill the unexpired term, ending June 30, 1999, with a deadline of Wednesday, September 2nd at 6 p.m., for submitting applications; and, 3.return the matter to Council on the Thursday, September 10, 1998, agenda for either appointment or the scheduling of applicant interviews. Motion Mayor Edgerton, second Bowler. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Benz for consideration of securing another band to do the concert on the beach on September 19, 1998, and consider charging admission to cover the costs. Councilmember Benz spoke to his request. Community Resource Director Rooney responded to Council questions, saying that the time was too short to promote a paid concert for this date, but, a paid concert was feasible with more time for planning. Action: To direct that Community Resources Director Mary Rooney try to secure a substitute band for the free concert on the beach for Saturday, September 19, 1998, providing that a sponsor can be found. Motion Benz, second Mayor Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS No one came forward to address the Council at this time. City Manager Burrell announced that the closed session planned for tonight would not be held. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 11, 1998, at the hour of 10:30 P.M. to the Regular Adjourned Meeting of Wednesday, August 12, 1998, at the hour of 7:00 P.M. for the purpose of meeting with representatives of the Federal Aviation Administration to discuss aircraft noise, over flights and quality of life issues in Hermosa Beach. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 12, 1998, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Manhattan Beach Mayor Pro Tempore Steve Napolitano ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:35 P.M.) Mayor Edgerton announced the presence of local officials seated in the audience, including Manhattan Beach Mayor Pro Tempore Steve Napolitano, Councilmembers Tim Lilligren and Linda Wilson, and City Manager Geoff Dolan; representatives from the offices of Assemblywoman Debra Bowen and Assemblyman Steven Kuykendall; and Green party congressional candidate Robin Barrett. PRESENTATION BY REPRESENTATIVES FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) Mayor Edgerton said FAA representatives were present to discuss aircraft noise, overflights and other associated quality of life issues. He invited members of the public to come forward after the FAA presentation with comments or questions. William Withycombe, FAA Regional Administrator, introduced Alton Scott, Operations Branch Manager for Air Traffic Service in the Western Pacific Region, and members of his staff, Evelyn Woolridge and Barbara Heckrotte. He referenced a handout--copies of an August 1998 Peninsula Business Journal article pertaining to the FAA's Southern California Task Force's noise abatement efforts--which his staff had on hand for distribution. He said his presentation would first cover some of the issues currently faced by the FAA concerning the federal responsibility for aviation safety, and would then move onto issues concerning Los Angeles International Airport (LAX), including issues on departures around LAX, followed by information regarding new technology to help the situation at LAX and the 47 other airports in the area. He said the basic goals of aviation safety, security and system efficiency were identified in the 1998 strategic master plan just released by the FAA, noting that the plan contained specifics for action that the FAA would be working on. He cited the FAA's environmental goals and said that their single greatest challenge was to continue the growth for aviation services demanded by the public while maintaining the environmental conditions and quality of life issues which the public also demanded. With the aid of an overhead projector, Mr. Withycombe then made his presentation, illustrating the size of the Western Pacific Region, which includes the states of California, Nevada, Arizona and Hawaii, and noting additional air space responsibility out over the Pacific Ocean. He cited about 5,700 employees in the region, including about 3,000 controllers, as well as numerous airways facilities technicians, security inspectors, and safety inspectors, and said the region had many facilities to maintain, including 133 field offices and 100 air traffic control facilities. He said the region controlled nearly 34,000 take-offs and landings per day, with LAX ranking number four among the nation's busiest airports and Van Nuys Airport ranking number eight. He noted an increased demand for aviation services and an increase in small airplanes and in commercial aviation--both international and domestic. He reiterated that the strategic plan cite safety, security and system efficiency as the areas on which the FAA will be focusing, and said general aviation, commercial aviation and cabin safety were some broad areas of concern. He reviewed new technology recently installed at LAX including a new tower, new airport surface detection radar system, new instrument landing system, and improved scheduling and arrival technology. He then discussed new aircraft technology as well, noting a stage three requirement that would phase out all of the noisy, stage two commercial aircraft by the year 2000. He said they were also working to make commuter planes and helicopters quieter. Councilmember Benz arrived at 7:35 P.M. Mr. Withycombe said the Southern California Task Force was formed to work on issues identified by the FAA during public meetings held last December, and said numerous task force meetings had taken place. He referenced a current LAX routing map on display and cited changes that had been made. He said one of the problems identified was the need for aircraft to go further out over the ocean while climbing so that they are above 13,000 feet as they cross the coastline, usually in the area of Seal Beach or south Long Beach. He said that route had been changed and that planes now go further out to sea, noting possible occasional exceptions when a plane may be brought in lower because of safety reasons. Another identified problem concerned turbo props coming in too low over the Palos Verdes Peninsula. He noted the Class B air space change about 18 months ago, but said due to a misunderstanding, air controllers were allowing planes departing from LAX to come back over the shoreline at about 2,500 feet. He said those planes are now kept in Class B air space and are above 5,000 feet as they pass over the Peninsula. He said that route was necessary to keep those smaller planes away from jet traffic. He said the loop departure was devised 20 years ago and was a method of noise abatement when implemented properly, with the plane going out over the ocean, climbing to above 10,000 feet, then looping back directly over the airport. He said a problem identified by the FAA task force was that the large, four-engine airplanes could not properly perform the loop maneuver because of their turning radius, and that those planes were no longer permitted to use the loop departure route. He said the FAA was monitoring the turns to ensure that the planes come back over the airport, not over the cities to the south. He said the FAA has asked LAX to track radar data and analyze it to ensure that the problem is corrected, noting that the loop must be flown correctly in order to be effective. He said they had identified 10 to 11 aircraft per day that were flying the loop route improperly. Mayor Edgerton announced the presence in the audience of Redondo Beach Councilmember Mike Gin. He then opened the meeting up to public comments concerning aircraft noise, overflights and other associated quality of life issues. Coming forward to comment on FAA issues were: Lynn Schubert - Hermosa Beach, expressed concern about the proposed LAX expansion; said the increased flights would create the need for more safety adjustments; asked if there were some controls to avoid running into this situation (Mr. Withycombe said the FAA would not allow capacity to exceed safety requirements); Unidentified woman - said aircraft noise had been very loud in the Marina del Rey and Venice area since May, with flights every few minutes; asked what environmental review had been done; Dave Cross - Manhattan Beach, showed a photograph of a low-flying airplane; said low flights occurred more often (Mr. Withycombe said people should call 215-2150 with information on low flights, citing the type of aircraft and providing the location, time and date of the occurrence); Bill Izant - Manhattan Beach, said air controllers had expressed concerns on television regarding the handling of more air traffic; and Brad Smith - Hermosa Beach, asked about penalties to pilots who violate the rules and how often they were imposed; asked if there was a limit on how low the banner planes coming from the Torrance Airport could fly; said the increased demand for LAX exists only because the City of Los Angeles says it does, that people would fly out of Palmdale if they could. Mr. Withycombe said penalties were imposed on pilots quite often, that there were thousands of cases handled per year. He said the banner planes flew under visual flyer rules without communication with air traffic controllers, which was why large airports kept those planes in controlled air space except when landing or taking off. He said they were operating under certificates issued by the FAA and that any safety problems should be reported to the same phone number noted earlier, 215-2150. He said the public was demanding the use of LAX and that the proposed LAX expansion plans were a local decision. Continuing to come forward to comment on FAA issues was: Randall Loos - Manhattan Beach, said he was a pilot, that pilots can select the loop if air traffic says okay; said some pilots turn early and make the coast run to save gas, rather than flying the required five miles out; questioned recent flight changes out of Long Beach Airport; said the banner tows come out of Long Beach and elsewhere. Mr. Withycombe said larger aircraft have been rerouted because of their inability to properly do the loop and that the FAA was monitoring that situation. He said the FAA was also looking at the Long Beach flights to see if that was an issue. Continuing to come forward to comment on FAA issues was: Steve Braskin - Manhattan Beach, said the routes shown did not exist, that airplanes flew over his home daily; asked what changes occurred last September or October when aircraft noise suddenly appeared; said despite FAA denials, something did change 10 months ago; referenced a photograph showing a low-flying plane; said more small planes are also flying over also. Mr. Withycombe said he was not aware of any major changes in routes or procedures but that on occasion a plane may be rerouted over the homes for safety reasons. He said April 22 radar data showed 15 overflights over Hermosa Beach, noting that those problems were being corrected. He said the only change he was aware of related to Class B airplanes. Continuing to come forward to comment on FAA issues were: Jim Parkman - Hermosa Beach, said with cloud cover, there were more overflights; said the 215-2150 phone number was only for 8 A.M. to 5 P.M. Monday through Friday office hours; said he would be unable to report the kind of plane because he would not know; said he had no confidence that anything would be acted on (Mr. Withycombe suggested callers get the name of the person they speak to and follow up or that they call his office at 725-3550); and Robert Woody - Hermosa Beach, said he had followed the issue closely and was impressed in the last month with the progress and the lessening of noise; asked if loop departures should be discontinued given the increase in air traffic. Mr. Withycombe said the loop was established 20 years ago to enhance the environment and he hoped loop departures would not be eliminated. He said if it became a major problem, they would look for ways to reroute, but that it was both efficient and environmentally sound if flown properly. Continuing to come forward to comment on FAA issues were: Liz Gertzholz - El Segundo, said there had been 1,200 early turns per month in El Segundo, now down to 400 per month due to the work of the City and its citizens; said there was no enforcement and El Segundo's videotaping was the only way they were able to get anything done (Mr. Withycombe said the 75 percent reduction in early turns was because the FAA cooperated with the City of El Segundo and the airport, and said those would be reduced to only emergency early turns); and Merna Marshall - Hermosa Beach, said at 9:41 P.M. on July 1 a jet flew over the Strand so low she could see its windows; thought pilots should be held personally responsible for their actions; asked why the airport has 60 million passengers now, which is well beyond the capacity it was built for; said restaurants had a capacity but, when full, they were not allowed to simply add more tables. In response to a Council question, Mr. Scott said the Class B change was made to encompass routes that were already existing. Mayor Edgerton announced the presence in the audience of Redondo Beach Councilmember Kevin Sullivan. Continuing to come forward to comment on FAA issues were: Vickie Hanson - Hermosa Beach, said the LAX expansion was a Los Angeles decision, not a local decision; said it was already a safety issue because the airport was 50 percent over its capacity; said such a high-use airport should not be located in the middle of a heavily populated area; Steven Trucker - Hermosa Beach, referred to the original design capacity versus the current operating capacity; asked the FAA's position on how much more traffic LAX could withstand and if the proposed 90 million was reasonable; Michael Callahan - Hermosa Beach, said he was a pilot and asked for assurance that the FAA would not cave in to public pressure and create safety issues; regarding loop departures, said the controller on duty tells him when to turn and, if he is told to turn early, it was because of another aircraft out there; objected to the suggestion that he would turn early to save fuel; said pilots would not reduce their level of safety regardless of public pressure; Jim Lissner - Hermosa Beach, discussed disclosure rules to new home buyers; asked the FAA for a list of noise complaints and if they would be published on paper or the Internet; asked how many pilots were actually penalized over the last few years out of the 1000 cases handled per year; John Weiss - Hermosa Beach, noted that the pilot who spoke earlier said he was not making the decision regarding early turns; asked if that was true, who was responsible for those early turns. Mr. Withycombe said perhaps there were conflicting traffic reasons for the different instructions, but that normally flying the loop is a straightforward process, with the pilot following the instruments in the cockpit. He thought the problems could be resolved through the training of controllers, the training of crews, and disciplinary action against the pilots. Continuing to come forward to comment on FAA issues were: Bruce Bartlett - Hermosa Beach, asked if the FAA had any ability to stop the LAX expansion and how the City could make that happen (Mr. Withycombe said there was no FAA position on the proposed LAX expansion at this time, but that the driving force would be safety. He said the job of the FAA was to safely move aircraft from one place to another); Kevin Sullivan - Redondo Beach Councilmember, noted that the City of Redondo Beach joined in the law suit with Hermosa Beach; asked how high planes are supposed to be when flying along the coast. Mr. Withycombe said commercial planes must be at 13,000 feet when they cross the beaches. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned Wednesday, August 12, 1998, at the hour of 9:54 P.M., to the Regular Meeting of Tuesday, August 25, 1998 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 25, 1998, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, August 25, 1998, at the hour of 7:11 P.M., to an Regular Meeting on Tuesday, September 8, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 8, 1998, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, September 8, 1998, at the hour of 7:11 P.M., to an Adjourned Regular Meeting on Thursday, September 10, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, September 10, 1998, at the hour of 7:19 P.M. PLEDGE OF ALLEGIANCE - Scott Ferguson ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None OUTGOING MAYOR'S COMMENTS: Mayor Edgerton said he had immensely enjoyed his second mayoral term and greatly appreciated the honor of serving as Mayor and the continued honor of serving as Councilmember. He then presented, on behalf of the entire City Council, a book entitled "Municipal Public Relations" to Mayor Pro Tempore Benz, the incoming mayor. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: A. Designate Mayor for a term ending June 22, 1999. Action: To designate Robert Benz as Mayor for a term ending June 22, 1999. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending June 22, 1999. Action: To designate Julie Oakes as Mayor Pro Tempore for a term ending June 22, 1999. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Memorandum from City Clerk Elaine Doerfling dated August 13, 1998. Action: To appoint Mayor Benz as delegate to the Los Angeles County--City Selection Committee; to appoint Mayor Benz as delegate and Mayor Pro Tempore Oakes as alternate to the South Bay Cities Sanitation District Board of Directors; and to appoint Mayor Benz as delegate and Mayor Pro Tempore Oakes as alternate to the Inglewood Fire Training Authority. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. D. Reorganization of remaining list of City Council Committee Assignments. Action: To consider all other committee assignments at the regular meeting of September 22, 1998. E. Presentation of Plaque to Outgoing Mayor by Newly Appointed Mayor. Mayor Benz presented a Plaque of Appreciation to outgoing Mayor Edgerton and said his service as mayor was much appreciated. INCOMING MAYOR'S COMMENTS: Mayor Benz expressed appreciation to his colleagues for their support in appointing him as mayor and said he was always gratified at how well they all worked together. He said he would strive to make the meetings shorter. PROCLAMATIONS: COASTAL CLEAN-UP DAYSSEPTEMBER 19, 1998 Mayor Benz read the proclamation proclaiming September 19, 1998 as Coastal Clean-Up Day in Hermosa Beach and urged citizens to meet at the Hermosa Beach Pier from 9 A.M. to noon Saturday, September 19, 1998 to help clean the beach. LAWSUIT ABUSE AWARENESS WEEKSEPTEMBER 21 - 25, 1998 Mayor Benz read the proclamation proclaiming September 21 through September 25, 1998 as Lawsuit Abuse Awareness Week in Hermosa Beach. NATIONAL POLLUTION PREVENTION WEEKSEPTEMBER 21 - 27, 1998 Mayor Benz read the proclamation proclaiming September 21 through September 27, 1998 as National Pollution Prevention Week in Hermosa Beach. MAYOR/COUNCIL ANNOUNCEMENTS: Mayor Benz noted that the second annual Film Festival was starting its weekend event tonight with a film shown at the beach. CLOSED SESSION REPORT FOR MEETING OF AUGUST 11, 1998: MEETING CANCELED. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Roger Bacon - 1100 Pacific Coast Highway, spoke in regard to the two Vietnam veterans reunited by a local newspaper article who would be meeting in Hermosa Beach on September 26, 1998; said that he would help coordinate the placing of a welcoming banner across the intersection of Pier Avenue and Valley Drive/Ardmore Avenue; said that he had a volunteer who would pay for the banner. Action: To approve the placement of the banner and to direct staff to work with Mr. Bacon on the project. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Continuing to come forward to address the Council were: Scott Alden - 646 Sixth Street, spoke regarding Councilmember Edgerton's item 7(a) regarding reconsideration of closing Sixth Street to westbound traffic between Pacific Coast Highway and Ardmore Avenue; said that the closure had made a dramatic change and the street was much safer now; and Cynthia Kenney - 635 Sixth Street, urged the Council not to open Sixth Street for at least the six month trial period in order to evaluate the traffic pattern changes. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATIONS 1. Letter from Jim Lissner dated August 12, 1998 regarding beach events and diesel generators. Action: To receive and file the letter. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. 2. Letter from Abel Ybarra requesting a contribution of $2,500 from the City of Hermosa Beach as a sponsor of the Second Annual Aloha Days. Coming forward to address the Council on this item was: Abel Ybarra - Aloha Days chairman, requested Council members to be on stage at 11 A.M. Saturday, September 26, 1998, the day of the event, for the traditional Hawaiian greeting of receiving a lei. Action: To approve the request to contribute $2,500 from the City of Hermosa Beach as a sponsor of the second annual Aloha Days event. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 3. Letter from Kurt Nelson of J.C.C. Homes regarding a proposed initiative for General Plan Amendment and zone change for 625 & 635 Pacific Coast Highway. Memorandum from City Manager Stephen Burrell dated August 31, 1998. Action: To receive and file. Motion Oakes, second Mayor Benz. The motion carried, noting the abstentions of Edgerton and Reviczky. 4. Letter from Jim Lissner requesting placement of all drug arrests and violent crimes on the press board and providing a summary of those arrests and crimes. Action: To direct staff to respond to the letter. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item which was removed for discussion in item 3 but is shown in order for clarity: (e) 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 MINUTES OF THE REGULAR MEETING HELD ON AUGUST 11, 1998. Action: To approve the minutes of the Regular Meeting of August 11, 1998 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14485, 14486, AND 14546 THROUGH 14750, NOTING VOIDED CHECK NOS. 14617, 14627 AND 14695, AND TO APPROVE THE CANCELLATION OF CHECK NO. 14641, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING THE CITY TREASURER'S REPORT, INVESTMENT REPORT AND FINANCIAL REPORTS FOR JULY, 1998. Memorandum from Finance Director Viki Copeland dated September 2, 1998. Action: To receive and file the staff report which stated that the subject reports had been delayed due to the annual audit and would be available at the next Council meeting. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 18, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Councilmembers Reviczky and Bowler initiated a Council review of the Planning Commission action on item #9 of the August 18, 1998, Commission minutes, pertaining to a Zone Change and Conditional Use Permit for a proposed 80-unit assisted-living senior housing facility at 1837 Pacific Coast Highway due to concerns of: the loss of thirteen parking spaces on Pacific Coast Highway; the site drainage problem; and, to attempt to secure a preferential program for Hermosa Beach residents. Action: To receive and file the remainder of the action minutes from the Planning Commission meeting of August 18, 1998. Motion Reviczky, second Bowler. The motion carried, noting the abstention of Oakes. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24698 FOR A THREE-UNIT CONDOMINIUM PROJECT AT 140 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated August 26, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5932, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 24698 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 140 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON AUGUST 19, 1998. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of August 19, 1998. (h) RECOMMENDATION TO APPROVE LEASE AGREEMENTS BETWEEN THE CITY OF HERMOSA BEACH AND 1) ASSOCIATION OF RETARDED CITIZENS; 2) EASTER SEALS SOCIETY; AND, 3) SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 31, 1998. Action: To approve the staff recommendation to approve one-year lease agreements (terms of leases run October 1, 1998 to September 30, 1999) between the City of Hermosa Beach and the following organizations for space in the Community Center at a rate of $0.98 per square foot for the October 1, 1998 through June 30, 1999 period, increasing to $1.03 for July 1 through September 30, 1999: 1) Association of Retarded Citizens - Rooms 1, 2 and 15 (2,360 square feet), with a monthly rent of $2,312.80 from October 1, 1998 through June 30, 1999, and $2,430 from July 1 through September 30, 1999; 2) Easter Seals Society - Room 14 (920 square feet), with a monthly rent of $901.60 from October 1, 1998 through June 30, 1999, and $947.60 from July 1 through September, 1999; 3) South Bay Center for Counseling - Room 9 (419 square feet), with a monthly rent of $410.62 from October 1, 1998 through June 30, 1999, and $431.57 from July 1 through September, 1999. (i) RECOMMENDATION TO APPROVE REQUEST FROM PROJECT TOUCH TO CONDUCT A CLASSIC CAR SHOW ON CLARK FIELD ON SUNDAY, OCTOBER 18, 1998 FROM 10AM TO 6PM WITH REQUIREMENTS/WAIVERS AS OUTLINED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated August 31, 1998. Action: To approve the request from Project Touch to conduct a classic car show on Clark Field on Sunday, October 18, 1998, from 10 A.M. to 6 P.M., as recommended by the Parks, Recreation and Community Resources Advisory Commission and staff, subject to the following requirements and/or waivers: 1) Provide the City with a certificate of Insurance in the amount of $1 million; 2) Indemnify the City; 3) Provide the City with signed indemnification forms from all event participants; 4) Waive the Clark Field rental fee of $25 per hour (@ 20 hours = $500); 5) Waive the $1.10 per participant/spectator fee (@ 1650 = $1,815); 6) Waive the banner permit fee ($206); 7) Pay for one police officer (at regular hourly rate) on event day if deemed necessary by the Chief of Police; 8) Pay for direct staff costs for Community Resources Recreation Supervisor (@ $200); 9) Pay for any Public Works services required (at regular hourly rate); 10) Abide by directions set forth by the Public Works Superintendent to protect the field and sprinkler system; 11) Vehicles permitted on the field area only. A 20-foot fire lane must be maintained at all times. No vehicles permitted in the entry area where parking is prohibited; 12) No vehicles or equipment can be placed on the baseball diamond (northwest); 13) Provide cardboard trash receptacles and a BFI bin to remove all trash debris from the event; 14) Obtain any and all necessary Health Department and ABC permits; 15) Provide an event notice to neighbors immediately adjacent to the park at least two weeks in advance of the event; 16) Require portable toilets; and 17) Require repair, as necessary, of the field. (j) RECOMMENDATION TO APPROVE $27,939.33 FOR THE PURCHASE OF ONE (1) NEW BLACK AND WHITE 4-WHEEL DRIVE BEACH PATROL VEHICLE FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated August 25, 1998. Action: To approve $27,939.33 for the purchase of one new black and white four-wheel drive beach patrol vehicle (1998 Dodge Durango) for the Police Department, as recommended by staff. (k) RECOMMENDATION TO DIRECT STAFF TO INSTRUCT GILLIS & ASSOCIATES TO RE-DESIGN THE INTERIOR OF THE COUNCIL CHAMBERS PER THE SUB-COMMITTEE RECOMMENDATIONS AND DIRECT STAFF TO DIVIDE THE PROJECT INTO TWO PHASES: "PHASE ONE" CONSISTING OF THE FIRE DEPARTMENT, PUBLIC WORKS, ADMINISTRATION AND FINANCE OFFICES, ADA ACCESS REQUIREMENTS, NEW BATHROOMS AND NEW ELEVATORS AND, "PHASE TWO" CONSISTING OF THE COUNCIL CHAMBERS AND THE FRONT ENTRY. Memorandum from Fire Chief Pete Bonano dated September 3, 1998. Action: To approve the staff recommendation to: 1) direct staff to instruct Gillis & Associates to redesign the interior of the Council Chambers per the subcommittee recommendations; and 2) direct staff to divide the project into two phases: a) "Phase One" - consisting of the Fire Department, Public Works, the Administration and Finance offices, ADA access requirements, new bathrooms and new elevator; and b) "Phase Two" - consisting of the Council Chambers and front entry. (l) RECOMMENDATION TO AWARD CONTRACT FOR THE HERMOSA BEACH MUNICIPAL PIER RENOVATION PROJECT TO JOHN S. MEEK CO. INC. IN THE AMOUNT OF $643,743.50; AUTHORIZE MAYOR TO EXECUTE CONTACT; DIRECT CITY CLERK TO REJECT ALL OTHER BIDS; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams dated September 1, 1998. Action: To approve the staff recommendation to: 1) award the construction contract for the Hermosa Beach Pier Renovation Project (CIP 95-620) to John S. Meek Co., Inc. of Wilmington, California, in the amount of $643,743.50; 2) authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3) direct the City Clerk to reject all other bids after award by City Council; and 4) authorize the Director of Public Works to make minor changes as necessary with budget. (m) RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 1997-98 TO THE 1998-99 BUDGET, AND APPROPRIATE FUNDS FOR COMPLETION OF THE DOWNTOWN STREETSCAPE PROJECT, FUNDS FOR A POTENTIAL SPECIAL ELECTION AND PURCHASE OF THE BARD STREET PROPERTY. Memorandum from Finance Director Viki Copeland dated August 31, 1998. Action: To approve the staff recommendation to: 1) Reappropriate amounts listed in the August 31, 1998 staff report to the 1998-99 budget; and 2) Appropriate funds for: a) completion of the Downtown Streetscape Project, b) a potential special election and c) purchase of the Bard Street property. The meeting recessed at the hour of 7:37 P.M. The meeting reconvened at the hour of 8:02 P.M. 2. CONSENT ORDINANCES a. ORDINANCE NO. 98-1183 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTERS 12.20 AND 12.28 OF THE HERMOSA BEACH MUNICIPAL CODE BY ADDING NEW PROVISIONS DESIGNATING THE STRAND, CERTAIN BIKEWAYS, SOUTH PARK AND CERTAIN SKATEBOARD FACILITIES AS RECREATIONAL AREAS IN WHICH IN-LINE SKATING IS PERMITTED; AND AMENDING CHAPTER 12.28 BY ADDING A NEW PROVISION REQUIRING THE USE OF SAFETY EQUIPMENT AT PUBLICLY-OWNED OR PUBLICLY-OPERATED SKATEBOARD FACILITIES." For waiver of full reading and adoption. Memorandum from City Clerk Elaine Doerfling dated August 24, 1998. Action: To waive full reading and adopt Ordinance No. 98-1183. Motion Bowler, second Reviczky. AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1 (e) was heard at this time but is 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. HOLIDAY DECORATION PROGRAM. Memorandum from Community Resources Director Mary Rooney dated September 1, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. City Manager Stephen Burrell also responded to Council questions. Public participation opened at 8:10 P.M. As no one came forward to address the Council on this item, public participation closed at 8:10 P.M. Action: To approve a funding level of $40,000 for holiday decorations to be purchased during FY 98-99, and appoint Councilmembers Edgerton and Bowler as a City Council subcommittee to select the decorations within the approved budget. Motion Oakes, second Bowler. The motion carried, noting the dissenting votes of Reviczky and Mayor Benz. 5. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 6. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. SCHEDULING APPLICANT INTERVIEWS FOR UNSCHEDULED VACANCY OF UNEXPIRED TERM ON PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated September 3, 1998. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) schedule a meeting prior to the September 22, 1998 regular meeting at 6:30 P.M. for the purpose of interviewing applicants, with appointment to be made during the regular September 22 meeting; and 2) extend the application filing deadline to 6 P.M. Wednesday, September 16, 1998. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. b. VACANCIES - BOARDS AND COMMISSIONS - PLANNING COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 2000. Memorandum from City Clerk Elaine Doerfling dated September 2, 1998. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to advertise the Planning Commission vacancy with a newspaper publication and normal posting procedures inviting applications from persons interested in being appointed to fill the unexpired term, noting the filing deadline of 6 P.M. Wednesday, October 7, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. c. RECOMMENDATION TO DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated August 20, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To designate Mayor Pro Tempore Oakes as the voting delegate at the League of California Cities Annual Business Meeting on Saturday, October 3, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Final Action: To designate Mayor Benz as the voting alternate at the League of California Cities Annual Business Meeting on Saturday, October 3, 1998. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 7. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Edgerton for the removal of barricades on 6th Street west of Pacific Coast Highway. Councilmember Edgerton spoke to his request. Proposed Action: To remove the barricade at Sixth Street pending a full review of the impact to Eighth Street and other surrounding streets. Motion Edgerton, second Mayor Benz. The motion failed, noting the dissenting votes of Bowler and Oakes and the abstention of Reviczky. b. Request from Mayor Benz to revisit the closing of northbound Monterey Boulevard. Mayor Benz spoke to his request. There was no action taken on this item CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, September 10, 1998, at the hour of 8:42 P.M. to the Adjourned Regular Meeting of Thursday, September 17, 1998, at the hour of 7:00 P.M. for the purpose of reviewing the Aspen Report on the oil project. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, September 17, 1998, at the hour of 7:30 P.M. PLEDGE OF ALLEGIANCE - City Clerk Elaine Doerfling ROLL CALL: Present: Bowler, Edgerton, Mayor Pro Tempore Oakes Absent: Reviczky, Mayor Benz REVIEW AND CONSIDERATION OF ASPEN REPORT RELATIVE TO MACPHERSON OIL PROJECT. Supplemental letter in opposition to the oil project received September 17, 1998 from Carlyn Montes De Oca, 2037 Manhattan Avenue, Hermosa Beach; and supplemental letter with attached information received September 17, 1998 from Jan Chatten-Brown, attorney representing Stop Oil Coalition. City Manager Burrell reviewed the meeting format, saying it would begin with the Aspen report presentation by Dr. Bercha, then move on to comments from representatives of Macpherson Oil Company and Stop Oil Coalition, as well as public comments from supporters of both sides of the issue, then to rebuttals, and finally to Council deliberations and direction to staff. He provided a brief history of the oil issue, noting that it preceded nearly everyone on the dais. He said after receiving the first report in April 1998, the Council expanded the scope of the report for a more in-depth study and said tonight's meeting would focus on the Aspen Bercha Group's draft final report--an integrated risk analysis of the proposed oil project. City Attorney Jenkins said the oil project had been subjected to three law suits during the course of its history, two of which had been resolved, and one that was still pending. He said the pending law suit alleged that Proposition E (passed by voters in 1995) applied to this project, and that the judge had not yet ruled on that issue. He said this was an entitled project, not a new proposal or application. He said the City years ago had entered into a lease agreement--a binding contract, and that the applicant had obtained all the necessary discretionary approvals to proceed, not only from the City but from the California Coastal Commission, the California Department of Oil and Gas, and the State Lands Commission. He said a binding contract may be breached only under extraordinary circumstances, and that one excuse articulated by the judge hearing the pending law suit would be if the subject of the contract presented too great a risk of hazard for the community. He said the purpose of the Aspen report was to ascertain whether the proposed oil project presented an unacceptable level of risk to the community. Dr. Frank Bercha, author of the report, made his presentation with the aid of an overhead projector. He reviewed the risk summary for the total project; then the annual and cumulative risks associated with the project's test phase, the project's production phase (which he called the most significant component), and the existing facility, as well as the voluntary risks associated with off-site commonplace activities, such as driving a car which carried the risk of a traffic accident. He referred to the oil project's mitigated and unmitigated risk profiles, then reviewed his recommendations to the City, to the residents, and to Macpherson Oil. He said, as assigned, he had identified risks and quantified them, comparing them to risk thresholds that were based on those developed for Santa Barbara. In response to Council questions, Dr. Bercha said the major risk associated with the project would result from the ignition of methane gas vapor clouds and discussed how a wall would affect the hazards associated with those clouds. Noting that the methane vapor cloud risk was in the gray zone, he said whether or not a gray area represented a substantial amount of risk depended on a person's perception. Then, in response to further questions, he said from his experience any risks in the gray region were substantial. Mayor Pro Tempore Oakes announced a five-minute time limit for comments from one Macpherson Oil Company representative and one Stop Oil Coalition representative, and said all other public comments would be limited to two minutes, noting that there would be an opportunity later for rebuttals. Coming forward to comment on the oil report were: Don Macpherson - president of Macpherson Oil Company, expressed satisfaction with the report, said the results showed no substantial risk from hydrogen sulphide gas and confirmed his position that the project was acceptable for the community; said this was a state-of-the-art project, that his company had worked with the City through the lease, environmental review, and conditional use permit process, and had done what it was asked to do over the past 12 years; said the project was not a refinery or a chemical plant and cited numerous similar projects throughout Los Angeles County, including in Beverly Hills; Jan Chatten-Brown - Stop Oil attorney, said Council had the authority to deny the oil project; said the risks would affect many people, such as users of the Greenbelt, not just nearby residents; said the developer was not an experienced operator and lacked experience in an urban setting; noted that even experienced operators like Chevron in Santa Barbara have had problems; urged denial of the building permit and said there was no lease now, and the delay was not caused by the litigation; Jim Tarr - president of Stone Lions Environmental Corporation, referred to several sections of the report and said there was sufficient reason for the Council to deny the project; John Edwards - Hermosa Beach, said he had reviewed the analysis and risk criteria and thought there was enough information to deny the permit to keep Hermosa safe; said the city was not of medium density and did not think the 1/100,000 figure was applicable; said hydrogen sulphide gas was not something that anyone would want in their neighborhood; Mina Sullivan - Los Angeles, said she lived next door to a project located 75 feet from her apartment building; spoke of an incident she recently experienced when a well exploded and natural gas was released for one full hour; said other impacts included continuous activity, noise, and air pollution; said the project represented money for the oil company and a burden to residents; Charles Fogg - Hermosa Beach, said anything that increases risk to the residents was unacceptable; noted that the report discussed the probability of deaths, a fact that seemed to be overlooked; Unidentified man - Hermosa Beach, urged the Council to represent the citizens who overwhelmingly voted against the oil drilling project; Peter (no last name given) - Hermosa Beach, said he was a surfer, expressed concern about the effect the project would have on the ocean; also concerned about odor and aesthetic issues; Steven Fleischli - 300 Manhattan Avenue, attorney for Heal the Bay, discussed potential soil and ocean contamination; said the risks for serious injury and death were unacceptable; Frank Lawrenson - Hermosa Beach, expressed concern about ocean and air pollution; said he would have to move away for health reasons if the project went forward; Katharine Bergstrom - Hermosa Beach, said she had studied the project for years and, although she lived in the north end of town, it would affect all residents in the 1.2 square mile city; said she was in real estate and expressed concern that some realtors had not been advising buyers; Scott Alden - 646 Sixth Street, said oil drilling was risky to residents' health and home values; said the price of oil was in a downward spiral and would continue to go down; Martinique Goldstein - Second Street, said she lived four blocks from the proposed project, and urged the Council to represent the concerned residents; Sean (last name indistinct) - Hermosa Beach, said he lived two blocks east of the site; expressed concern about the potential fatalities; Alan Cohen - 801 Bard Street, said Council recently agreed to look at Eighth Street safety concerns; said this project would increase traffic and involve the use of big trucks; Kathy Sliff - 854 Bard Street, said her biggest concern was the health issue; expressed concerns about odors, smoke, and further congestion in an already congested area; urged Councilmembers to vote the project down, since they now had the legal means to do so; Alan Davenport - 640 Loma Drive, spoke in opposition to the project; said residents did not need any more risks than they already face; Eric Zimmerman - Ingleside, said his neighbors in the north end of town were overwhelmingly opposed to the oil project, that the project was not just opposed by people adjacent to the site; Catherine Stoner - owner of two businesses on Cypress; expressed concern about a possible flash fire and the resulting explosions; said the industrial businesses in that area, including surfboard shops, would be seriously affected; Phil Downsing - Redondo Beach, asked what density ratio was used and if the cascading effect of immediately adjacent businesses had been taken into consideration; expressed concern about fire and inhalation risks from the mixture of gas with existing chemicals; said the number of tanker truck trips during the initial phase would have a major effect on City streets; Jim Losina - Hermosa Beach, expressed concern about diesel fumes from the trucks, noting that it had been determined that diesel exhaust caused cancer; said the city would no longer be viewed as an up-scale community; Jim Olett - 24th Street, said counting injuries was statistically more difficult than counting fatalities; said the project did not belong in the community and urged Council to vote it down; Max Martinez - said he was not a Hermosa resident but frequently used the Greenbelt; expressed concern about the oil project and its effects; Robert Depp - Hermosa Beach property owner, said the risk from the oil project was higher than the risk of an American being killed in the Gulf War; Claudia Davenport - 640 Loma Drive, expressed concerns about the project and the risks involved; John (last name indistinct) - 625 Loma Drive, spoke in opposition to the project; asked the acceptable number of dead and injured that would be allowed; Al Bowman - 615 Seventh Street, spoke in support of the oil project; said more air pollution would be caused from the cars started up after the meeting than from the project; said the opponents simply did not want the project in their neighborhood; Janet McHugh - Hermosa Beach, spoke in opposition to the project; urged the Council to act to protect Hermosa Beach children; Eli Gould - 230 24th Street, spoke in opposition to the project; said he lived with his nephew who suffered from severe asthma; Pat Doherty - Hermosa Beach, spoke in opposition to the oil project; Stan Haske - Hermosa Beach, spoke in opposition to the oil project; John McHugh - 718 First Place, expressed concern about the project's health and safety risks to the children and the effect on property values; Laura Frantz - 642 Seventh Street, asked the Council to decide carefully; said the oil project would not enhance the city; Steve Horowitz - 2121 Pacific Coast Highway, referred to a recent oil spill and the major impact the clean-up would have on that community; expressed concern about hydrogen sulphide gas; John Burt - 1152 Seventh Street, spoke in favor of the oil project; said the developer would make the project safe and that it was time to move the project forward; Wynn Smith - said the City was on an upswing and urged all residents to help stop the project; Earlene Kerns - Sixth Street, referred to the odors and noise from the previous oil project and how the street had rumbled from the trucks; George Schmeltzer - 275 Valley Drive, spoke in opposition to the oil project; urged the Council to act to reject it; Robin Barrett - 720 Third Street, concurred with the comments of previous speakers opposed to the oil project; urged the City to use the property to develop solar energy; Robert Essertier - Hermosa Beach, former Council member, said he had been elected in part because of his pro-oil stance and had worked hard to get the best lease possible for the City but since then his stance had changed; said the Council must assess the many risks that were brought forward tonight against the one benefit, which was money, estimated it to be about $10 million over 30 years; expressed concern about reduced property values; said the City should not take on the risks for such an insignificant benefit; and Larry Cole - 501 Herondo Street, said the smaller the benefit, the more intolerable the risk. The public comment portion of the meeting closed at 9:50 P.M. The meeting recessed at 9:50 P.M. The meeting reconvened at 10:05 P.M. Mayor Pro Tempore Oakes opened the meeting for rebuttals. Coming forward to rebut previous comments were: Lynn Toucher - consultant for Macpherson Oil Company, said this was the second report done on the project; said there was no way to say whether or not a risk in the gray area was acceptable, that there were no cold, hard numbers in existence; said the possibility of an accident was also true with the existing facility, that the risks from the current facility were the same; Don Macpherson - said the risks of the project were studied in the environmental impact report (EIR) process; said this study was the same as in the past and that the report presented tonight showed no new risks; and Jan Chatten-Brown - Stop Oil attorney, said she spent a lot of time litigating the EIR, that there was supposed to be a new one, but there had been no new risk analysis; said the people had voted in favor of oil in order to purchase three parcels; said there was now no need to generate funds since the properties had already been purchased; urged the Council to decline to extend the lease. Public participation closed at 10:15 P.M. Action: To direct staff to (1) prepare findings that the project presents an unacceptable risk and (2) return with appropriate findings to stop the oil project, based upon the report of substantial risk brought to light by the testimony this evening and the close proximity of the project to a small, dense community. Motion Mayor Pro Tempore Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Reviczky and Mayor Benz. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Thursday September 17, 1998, at the hour of 10:30 P.M., to an Adjourned Regular Meeting on Tuesday, September 22, 1998, at 6:30 P.M. for the purpose of conducting interviews of the Parks, Recreation and Community Resources Advisory Commission applicants, to be followed by the Regular Meeting of Tuesday, September 22, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 22, 1998, at the hour of 7:19 P.M. PLEDGE OF ALLEGIANCE - Cameron Chacker, Hermosa Valley School ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz spoke of the Second Annual "Aloha Days" to be held this Saturday, September 26, 1998, and invited all to come down for a great day of longboard surfing, dancing, singing, food and fun. Mayor Benz also announced the Woman's Club Seventh Annual Pancake Breakfast to be held on Sunday, October 18, 1998, from 8:00 A.M. until noon at the Clark Building, 861 Valley Drive, and said that it was "all you can eat" at a cost of $5.00 for adults and $3:00 for children under age 12. Jean Lombardo was invited to come forward and give more details on the pancake breakfast. Ms. Lombardo said that many local restaurant and tavern owners had donated food so that the proceeds could go to local charities. PRESENTATIONS: PRESENTATION OF CERTIFICATES OF RECOGNITION TO CAROLYN PADDOCK AND CAMERON CHACKER OF HERMOSA VALLEY SCHOOL Councilmember Edgerton read the Certificates of Recognition for Carolyn Paddock and Cameron Chacker who won the science award, overall grand prize for environmental science, by demonstrating how to filter out particles from a wood burning fire. Mr. Edgerton congratulated both students for their achievement and both thanked the Council for the recognition. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Rick Hankus - Hermosa Beach Chamber of Commerce President, presented a check in the amount of $7,625 to the City as the cumulative proceeds of a $25 per vendor business license fee for the recently completed "Fiesta"; asked that the City earmark the funds for Holiday decorations; and, added that the Chamber is working with businesses to provide more of the funding for holiday decorations. (b) COUNCIL COMMENTS: Councilmember Bowler reminded the viewing public of the ceremony reuniting three Vietnam Veterans that will take place this coming Sunday, September 27, 1998, at 3:00 P.M., at the Veteran's Memorial on the lawn of the Community Center. (c) WRITTEN COMMUNICATION: 1) Letter from Jim Lissner dated September 16, 1998, requesting that City Council appeal the September 15, 1998, decision of the Planning Commission to approve a Conditional Use Permit for 934 Hermosa Avenue. Coming forward to address the Council on this item were: Jim Lissner - Hermosa Beach, spoke to his letter; asked that the three additional hours of operation (from 11:00 P.M. until 2:00 A.M.) not be allowed under the new C.U.P.; and , Micki Smallman - Hermosa Beach, spoke to her letter, item C(3) below, at this time; said that she was directly affected since she lived across the alley from the 934 Hermosa Avenue location and knew the amount of noise and foot traffic generated by the previous restaurant; said that she was the single parent of a small child and that she objected to the additional hours of operation, until 2:00 A.M., and full liquor license; asked the Council, please, not to adversely impact their lives by allowing the additional hours of operation. Action: Mayor Benz directed, with the consensus of the Council, that both letters be received and filed, with the assurance that item 1(k) would be removed from the consent calendar for discussion. 2) Letter from David Hunt dated September 16, 1998, requesting that City Council waive the film location permit fee for ABC television program 20/20 to cover the reunion of three Vietnam Veterans in Hermosa Beach. Coming forward to address the council on this item was: David Hunt - Hermosa Beach, spoke to his letter; said that ABC television was paying a part of the cost of the reunion and it was hoped that if the fees were waived ABC would pay a larger portion. Community Resource Director Mary Rooney said there was no objection from her department. Action: To approve the waiver of the film location permit fee for ABC television program 20/20 to cover the reunion of three Vietnam Veterans in Hermosa Beach. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 3) Letter from Micki Smallman dated September 17, 1998, requesting that City Council appeal the September 15, 1998, decision of the Planning Commission to approve a Conditional Use Permit for 934 Hermosa Avenue. This item was combined with item C(1) above. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Mayor Benz, (k) Reviczky, and (l) Reviczky, in addition, Mayor Benz wished to comment on item 1(j). Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:45 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on August 12, 1998; 2) Minutes of the Regular Meeting held on August 25, 1998; 3) Minutes of the Regular Meeting held on September 8, 1998; and, 4) Minutes of the Adjourned Regular Meeting held on September 10, 1998. 1.Action: To approve the minutes of the Adjourned Regular meeting held on August 12, 1998; the minutes of the Regular meeting held on August 25, 1998; the minutes of the Regular meeting held on September 8, 1998; and, the Minutes of the Adjourned Regular meeting held on September 10, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14751 THROUGH 14914 INCLUSIVE, NOTING VOIDED CHECK NO. 14820, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 14679, 14818 AND 14838 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 REPORT REGARDING THE CITY TREASURER'S REPORT, INVESTMENT REPORT AND FINANCIAL REPORTS FOR JULY AND AUGUST, 1998. Memorandum from Finance Director Viki Copeland dated September 17, 1998. Action: To receive and file Finance Director Copeland's report which said that the normal reports for July and August, 1998, had been delayed due to Year 2000 work on the financial programs. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24807 FOR A 3-UNIT CONDOMINIUM PROJECT AT 645 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated September 14, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5933, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24807 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 645 SECOND STREET, HERMOSA BEACH, CALIFORNIA." (f) RECOMMENDATION TO APPROVE OPERATIONS POLICY AND PROGRAMMING STRATEGY FOR THE COMMUNITY CENTER SKATE TRACK AS OUTLINED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated September 15, 1998. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation that Council approve the operations policy and programming strategy depicted in the "Facility Use Policy" for the Community Center Skate Track, dated September 15, 1998. (g) RECOMMENDATION TO APPROPRIATE $40,000 FROM THE DOWNTOWN ENHANCEMENT FUND AND PROSPECTIVE EXPENDITURES AS REQUIRED TO PAY FOR THE DECORATIONS AND MAINTENANCE FOR THE HOLIDAY DECORATION PROGRAM. Memorandum from Community Resources Director Mary Rooney dated September 15, 1998. Action: To approve the staff recommendation that Council appropriate $40,000 from the Downtown Enhancement Fund and/or Prospective Expenditures as required to pay for the decorations and maintenance for the holiday decoration program with the amount from each fund to be determined by the location of the decorations selected by the Council Subcommittee comprised of Councilmembers Bowler and Edgerton. (h) RECOMMENDATION TO AWARD LANDSCAPE MAINTENANCE CONTRACT TO VAN HERRICK'S OF GARDENA, CALIFORNIA FOR A PERIOD OF 32 MONTHS IN THE AMOUNT OF $405,700; AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAKE MINOR CHANGES AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams dated September 15, 1998. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting due to his concern that the lowest bid was not the one that was recommended to be accepted. Public Works Director Williams presented the staff report and responded to Council questions. City Attorney Michael Jenkins and Public Works Superintendent Michael Flaherty also responded to Council questions. Action: To approve the staff recommendation to: 1.authorize the award of the landscape maintenance contract to Van Herrick's of Gardena, CA, for a period of thirty-two (32) months, from November 1, 1998, through June 30, 2001, in the amount of $405,700; 2.authorize the Mayor to execute and the City Clerk to attest the landscape maintenance contract subject to approval by the City Attorney; and, 3.authorize the Director of Public Works to make minor changes as necessary within budget. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. (i) RECOMMENDATION TO AWARD DOWNTOWN AREA CLEANING CONTRACT TO CALIFORNIA STREET MAINTENANCE OF GARDENA, CALIFORNIA FOR A PERIOD OF 33 MONTHS IN THE AMOUNT OF $240,000; AUTHORIZE AN APPROPRIATION OF $27,200 FOR FY 98-99 BUDGET FROM THE DOWNTOWN ENHANCEMENT FUND; AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAKE MINOR CHANGES AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams dated September 15, 1998. Action: To approve the staff recommendation to: 1.authorize the award of the downtown area cleaning contract to California Street Maintenance of Gardena, CA, for a period of thirty-three (33) months in the amount of $240,000; 2.authorize an appropriation of $27,200 for the FY 98-99 Budget from the Downtown Enhancement Fund; 3.authorize the Mayor to execute and the City Clerk to attest the downtown area cleaning contract subject to approval by the City Attorney; and, 4.authorize the Director of Public Works to make minor changes as necessary within budget. (j) RECOMMENDATION TO AWARD SWEEPING OF STREETS, ALLEYS, WALKSTREETS AND PARKING LOTS CONTRACT TO CALIFORNIA STREET MAINTENANCE OF GARDENA, CALIFORNIA FOR A PERIOD OF 33 MONTHS IN THE AMOUNT OF $456,750; AUTHORIZE AN APPROPRIATION OF $18,459 FOR FY 98-99 BUDGET FROM PROSPECTIVE EXPENDITURES; AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR TO MAKE MINOR CHANGES AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams Mayor Benz expressed concern regarding the single bid that had been received for this item. Action: To approve the staff recommendation to: 1.authorize the award of the sweeping of streets, alleys, walkstreets and parking lots contract to California Street Maintenance of Gardena, CA, for a period of thirty-three (33) months in the amount of $456,750; 2.authorize an appropriation of $18,459 for FY 98-99 Budget from prospective expenditures; 3.authorize the Mayor to execute and the City Clerk to attest the street sweeping contract subject to approval by the City Attorney; and, 4.authorize the Director of Public Works to make minor changes as necessary within budget. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 1998. Supplemental letters from Virginia and William Kelly, 150 Tenth Street, #3, and from Gary Zimmerman, 928 Palm Drive, both requesting an appeal of item 12: restaurant at 934 Hermosa Avenue. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Councilmember Bowler declared a potential conflict of interest due to owning a business within the area and left the dais and the room at the hour of 9:28 P.M. Action: Councilmembers Oakes and Reviczky requested that item 12, a restaurant at 934 Hermosa Avenue, be returned to the Council for review and reconsideration at a public hearing for the Regular Meeting of October 27, 1998. Councilmember Bowler returned at the hour of 9:30 P.M. Final Action: To receive and file the balance of the action minutes from the Planning Commission meeting of September 15, 1998. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (l) RECOMMENDATION TO AWARD PARKING STRUCTURE CONSTRUCTION CONTRACT TO ARB, INC. CONSTRUCTORS OF LAKE FOREST, CALIFORNIA IN THE AMOUNT OF $4,701,900; AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; DIRECT CITY CLERK TO REJECT ALL OTHER BIDS AND RELEASE ALL BID BONDS; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ISSUE CHANGE ORDERS AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams dated September 15, 1998. Supplemental letter from H.A. Lewis, Inc., General Contractors, protesting the bid award to any of the three lowest bidders. Supplemental letter in response to the letter from H.A. Lewis from City Attorney Michael Jenkins dated September 22, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions saying that in staff's opinion the three low bidders' omission of the percentage of work to be performed by sub-contractors, the disqualification alleged by H.A. Lewis, amounted to an informality that could be waived by the Council as the work was apportioned by trade therefore the percentage of work to be performed by the general contractors could and was easily determined. Mr. Williams said that it had been verified that the low bidder, ARB, will perform more than 45 percent of the work itself. City Attorney Jenkins spoke to his letter and responded to Council questions. Mr. Jenkins said that he did not agree with the conclusions formed by H.A. Lewis in its protest and that Council had three options; 1.consider the omissions an informality, waive the informality and award the bid to ARB, the lowest bidder; 2.reject the three lowest bids and award the contract to H.A. Lewis; or, 3.reject all bids and re-bid the project. Coming forward to address the Council on this item was: James Guerrero, P.E. - Project Construction Manager for the Parking Structure, stated that on behalf of the City he had checked on all projects completed within the last few years by ARB and had talked to all employers who had contracted with ARB; said there were no major complaints and that no substitutions had been attempted. Mr. Guerrero said that ARB had completed some major parking structures including one at Cedars-Sinai Hospital. Public Works Director Williams said that the omitted information was not a mistake that would have affected the contract price or entitled the bidder to withdraw its bid under State law. Mr. Williams concluded by saying that the low bidder was not asked to clarify or reaffirm its bid; the City would not allow the bid to be withdrawn; and, staff intended to strictly enforce the requirement that a minimum of 35 percent of the work be performed by the general contractor. The omitted information, therefore, could not have given the low bidder an advantage over other bidders. Action: On the findings stated by staff above, to waive the informality and to approve the staff recommendation to: 1.authorize the Award of Parking Construction Contract to ARB, INC. CONSTRUCTORS of Lake Forest, California in the amount of $4,701,900; 2.authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval of the City Attorney; 3.direct the City Clerk to reject all other bids and release all bid bonds after award by the City Council; and, 4.authorize the Director of Public Works to issue change orders as necessary within budget. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (k), and (l) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL OF THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN TO REALIGN MOBILE HOME PARK LOT LINES TO ELIMINATE ONE MOBILE HOME SITE AND ACCOMMODATE THREE LARGER UNITS AT 531 PIER AVENUE, MARINELAND MOBILE HOME PARK. Memorandum from Community Development Director Sol Blumenfeld dated September 14, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:58 P.M. Coming forward to address the Council on this item were: Susan Moss - 531 Pier Avenue, Space 27, co-owner of Marineland Mobile Home Park, introduced her brother, Curtis McCollum, and James Joffe, President of J & H Asset Property Management, Inc.; spoke to the appeal; James Joffe - President of J & H Asset Property Management, Inc., spoke of a variety of plans that could be used to incorporate the larger homes; said that the larger homes would be an asset to the community; Curtis McCollum - co-owner of Marineland Mobile Home Park, said that he and his sister, Ms. Moss, were very concerned regarding problems at the mobile home park; said they wished to build bridges with the City and with the mobile home park residents; said that they did not want to evict anyone and that they wanted the property to remain a mobile home park; Scott Kenney - Space 28, spoke regarding the disproportionate size of the large two-story units proposed by the owners; said that the proposed relocation area is currently badly needed parking space and parking is one of the major problems for the residents; submitted information; name indistinct - representative of large mobile home company, displayed photos of the proposed new two-story mobile homes; Kay Kenney - Space 28, said that there is more than one way to evict tenants; stated that the move-in space rent is so high that it is almost impossible to sell a unit; said the park management had acquired 13 mobile homes that it now rented for less than the current space rent; called this process "creeping incrementalism:; and, Dean Sinatra - Space 52, said the City should flex its muscles and make the owners comply with code requirements; said there were hazardous conditions in the park that needed to be corrected and/or fenced to avoid liability. The public hearing closed at 8:30 P.M. Action: To approve the Planning Commission recommendation, based upon the proposed loss of one mobilehome park site resulting in a net loss of one unit to the City's low/moderate income housing stock which conflicts with the General Plan Housing Element and based upon the previous unapproved realignment of four mobilehome park sites and the applicant's inadequate plan submittal, to: 1.deny the proposed Precise Development Plan to reconfigure a portion of the site; and, 2.direct staff to work with the State Department of Housing and Community Development to restore the original site configuration with 60 mobilehome spaces consistent with Chapter 17.18, Mobilehome Park Development District (MHP). Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 5. METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL IMPLEMENTATION REPORT AND SELF CERTIFICATION RESOLUTION. Memorandum from Community Development Director Sol Blumenfeld dated September 1, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:45 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:45 P.M. Action: To approve the staff recommendation to adopt Resolution No. 98-5934, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:47 P.M. The meeting reconvened at the hour of 9:08 P.M. and returned the order of the agenda to item 2. MUNICIPAL MATTERS 6. REVIEW OF FIESTA DE LAS ARTES AGREEMENT WITH CHAMBER OF COMMERCE. Memorandum from City Manager Stephen Burrell dated September 15, 1998. City Manager Burrell presented the staff report and responded to Council questions. Action: To continue this item and to set it as a Public Hearing for the Regular Meeting of November 10, 1998. Motion Mayor Benz, second Edgerton. The motion carried, noting the dissenting vote of Bowler. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. RECOMMENDATION TO CONFIRM SPECIAL MEETING DATE OF SEPTEMBER 29, 1998, 7:00 P.M. TO ADDRESS ZONING, PARKING, AND OPEN SPACE REQUIREMENTS. City Manager Burrell said that this item would not be considered tonight and would be continued to a date more convenient for the Council. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. HERMOSA YEAR 2000 CELEBRATION CONCEPTUAL PLAN. Memorandum from Community Resources Director Mary Rooney dated September 15, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve a conceptual plan for a Hermosa 2000 celebration consisting of the following concepts, with the understanding that this list is not all-inclusive: 1.Hermosa 2000 logo design competition for Hermosa Beach School children 2.Millennium Wall: The City will design a wall or walkway at Noble Park to be available for 2000 community members to purchase markers or bricks for $100 to raise dollars for the celebration or (if sponsorships permit) for Hermosa Beach charities 3.Hometown Photo and community picnic: This press worthy event will invite all Hermosa Beach residents to the beach for a "Year 2000 Hometown Photo" and Goodyear has already committed to transport an aerial photographer to take the official picture for posters, T-shirts, and postcards to be sold at the millennium celebration. 4.New Year's Eve celebration which may include fireworks and (pending sponsorship) a water fountain show and/or laser projection show. Live entertainment on the beach and other City venues. Night volleyball event. Surprise count down event with Hermosa Beach theme 5.New Year's Day: City Council to dedicate the Millennium Wall and bury time capsule filled by Hermosa Beach school children. The School District will work with the City to develop a creative approach for this project Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. b. APPOINTMENT TO PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMITTEE TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated September 17, 1998. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To appoint Steve Francis to fill the Park, Recreation and Community Resources Advisory Commission unexpired term ending June 30, 1999. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. c. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated September 15, 1998. Deputy City Clerk Valdes presented the staff report and responded to Council questions. Action: Mayor Benz, with the consensus of the Council, directed: 1.The following changes be made in the City Council Committee Assignments: a. Councilmember Reviczky to replace Benz as alternate to the Metropolitan Transportation Authority City Selection Committee; and, b. Councilmember Edgerton to replace Mayor Benz as delegate on the South Bay Youth Project. 2. The following change be made in the City Council Sub-Committee Assignments: a. Councilmember Edgerton to replace Mayor Benz on the Beach Cities Health District sub-committee; 3. The following additions be made to the sub-committee assignment list: b. Bijou, Councilmembers Edgerton and Oakes; a. School Board, Councilmembers Edgerton and Oakes. 4. The following deletions be made to the sub-committee assignment list as the sub-committees are no longer needed or viable: a. Last Night; b. Skateboard Track; c. Edison Site; d. Commissioner Aronoff Review; e. Star 98.7 FM Beach Concert; f. Health District Paramedic Funding; and, g. Holiday Decoration Program. d. PROPOSITION 9. Memorandum from City Manager Stephen Burrell dated September 16, 1998. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:40 P.M. Coming forward to address the Council on this item was: Chip Scholz - Region Manager, So. Calif. Edison, spoke in opposition to Proposition 9 and asked the Council to take a stand in opposition as well. Public participation closed at 10:45 P.M. Action: To take a Council position in opposition to Proposition 9. Motion Reviczky, second Bowler. The motion failed due to the dissenting votes of Edgerton, Oakes and Mayor Benz. 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 22, 1998, at the hour of 10:50 P.M. to the Regular Meeting of Tuesday, October 13, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 22, 1998, at the hour of 6:46 P.M. for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Advisory Commission. ROLL CALL: Present: Bowler, Edgerton, Mayor Benz Absent: Oakes (arrived at 6:50 P.M.) and Reviczky (arrived at 6:51 P.M.) 1. INTERVIEW OF PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPLICANTS TO FILL ONE UNEXPIRED TERM ENDING JUNE 30, 1999. Coming forward individually to respond to questions from the Council were: Faith Devine; and, Stephen Francis Applicant Michael D. Keegan was not available for interview. Mayor Benz expressed the Council's appreciation to the applicants for their willingness to volunteer their time to serve the City. ADJOURNMENT - At the hour of 7:03 P.M. the Adjourned Regular Meeting adjourned to the Regular Meeting of Tuesday, September 22, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 29, 1998, at the hour of 7:04 P.M. ROLL CALL: Present: Bowler, Edgerton, Mayor Pro Tempore Oakes Absent: Reviczky, Mayor Benz ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on July 28, 1998. 2. CONFERENCE WITH LEGAL COUNSEL, pursuant to Government Code Section 54956.9(a), Existing Litigation: The City Council finds, based on advise from legal counsel, that discussion in open session would prejudice the position of the City in the litigation. Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 14, 1997, at the hour of 7:04 P.M. to a Closed Session. The Closed Session convened at the hour of 7:05 P.M. At the hour of 8:55 P.M., the Closed Session adjourned to the Special Meeting. RECONVENE TO OPEN SESSION - The Special Meeting of the City Council of the City of Hermosa Beach reconvened on Tuesday, January 14, 1997, at the hour of 8:56 P.M. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 29, 1998 at the hour of 8:56 P.M. to the Regular Meeting of Tuesday, October 13, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 13, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Scout Troop #860, Cobra Den ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz announced the Women's Club Seventh Annual Pancake Breakfast to be held on Sunday, October 18, 1998, from 8:00 A.M. until noon at the Clark Building, 861 Valley Drive, and said that it was "all you can eat" at a cost of $5.00 for adults and $3:00 for children under age 12. Mayor Benz also announced the Project Touch "Classic Car Show" the same day, Sunday, October 18, 1998, from 10:00 A.M. until 4:00 P.M., at Clark Field and invited Gloria Anderson, co-chair of the event, to come forward and give more details. Ms. Anderson said there would be over 100 cars on display, including some rare antiques autos, food and entertainment, with admission cost at $6.00 for adults and free for children under twelve. Mayor Benz invited James Blackman, whose new playhouse series opened at the Hermosa Beach Civic Theatre, to come forward and accept congratulations on a successful opening. Mr. Blackman said that he was very happy with the response from the Hermosa Beach citizens and from the City staff. And, Mayor Benz announced the Tenth Annual "Halloween Howl" to be held at the Clark Building on Friday, October 30th, from 6:00 P.M. until 9:00 P.M., and urged parents to bring their children for a safe Halloween party. PROCLAMATIONS: AMERICAN HEART WALK - OCTOBER 24, 1998 Mayor Benz read the proclamation and presented it to Charlotte Lessor who said the walk would take place on Saturday, October 17, 1998, at 8:30 A.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Vince Tattu - 16th Street, objected to the new color scheme of yellow and black for the barricades on Beach Drive; asked that they be returned to the previous colors of orange and white; and, objected to dogs on the beach; Jim Lissner - 2715 El Oeste Drive, objected to the proposed increase in the speed limit on portions of Gould Avenue and on Valley Drive; said that there had been no notice to the public and the item was buried among the consent calendar items; and, requested that item 1(o) be removed from the consent calendar; Shirley Cassell - Hermosa Beach, said that she and her neighbors loved the 7:00 A.M. to 9:00 A.M. respite from commuter traffic on Monterey Boulevard; questioned why Councilmembers Edgerton and Oakes did not have their City-paid laptops with them; suggested that if the Councilmembers did not use the computers that they should be returned; and, requested that item 1(p) be removed from the consent calendar; and, James White - Valley Drive, objected to the proposed increase in the speed limit on Valley Drive (item 1[o]); said that both the speed and the amount of traffic were increasing on Valley Drive. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION: 1. Letter from Rosamond Fogg dated September 18, 1998, requesting that City Council consider limiting hours of operation at the City Yard to those of a construction site wherever feasible. Supplemental letter from Rosamond Fogg received October 13, 1998, requesting withdrawal of her letter. Action: Mayor Benz directed, with the consensus of the Council, that the letter be withdrawn, as requested by its author. 2. Letter from Jim Lissner dated October 6, 1998, regarding the decline in DUI arrests and reports of violent crimes withheld from press. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to his letter; said that this year's DUIs were half the amount of last year and that the police reports were not getting to the press board on time; asked that the Council set a policy regarding the amount of time allowed for crime reports to be made public. Action: To receive and file the letter. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (q), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Mayor Benz, (l) Oakes, (m) Oakes, (o) Oakes, at the request of Jim Lissner, and (p) Oakes, at the request of Shirley Cassell. Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:44 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1.SEQ OL0_0 1. Minutes of the Adjourned Regular meeting held on September 17, 1998; 2.SEQ OL0_0 2. Minutes of the Adjourned Regular meeting held on September 22, 1998; 3.SEQ OL0_0 3. Minutes of the Regular meeting held on September 22, 1998; and, 4.SEQ OL0_0 4. Minutes of the Special Meeting held on September 29, 1998. Action: To approve the minutes of the Adjourned Regular meeting held on September 17, 1998; the minutes of the Adjourned Regular meeting held on September 22, 1998; the minutes of the Regular meeting held on September 22, 1998; and, the minutes of the Special Meeting held on September 29, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14915 THROUGH 15113 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 14529, 14959 AND 15056 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 JULY AND AUGUST, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the July and August, 1998, Financial Reports as presented. (e) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE LOCAL AGENCY INVESTMENT FUND ANNUAL CONFERENCE. Memorandum from City Treasurer John Workman dated September 24, 1998. Action: To receive and file the report on the Local Agency Investment Fund Annual Conference as presented. (f) RECOMMENDATION TO APPROVE CITY COUNCIL MEETING SCHEDULE FOR 1999. Memorandum from City Manager Stephen Burrell dated September 30, 1998. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting, in order to canvass the Council regarding fewer meetings. Action: To approve the City Council meeting schedule for 1999, as presented. Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CLOSED OR RESOLVED LIABILITY CLAIMS FILED AGAINST THE CITY. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 30, 1998. Action: To approve the staff recommendation to receive and file the report of closed or resolved liability claims filed against the City: 1.Claimant: Linda Piepmeier Date of Loss: 07/06/98 Date Filed: 07/27/98 Damage: Door of restroom stall on beach fell off and injured granddaughter's foot. Disposition: Reimbursed claimant $109.00 for medical expense; 2. Claimant: Angelo Villegas Date of Loss: 07/15/98 Date Filed: 07/30/98 Damage: Damage to claimant's vehicle caused by City vehicle. Disposition: Reimbursed claimant $464.70 for cost of repair; and, 3. Claimant: Paul Brennan Date of Loss: 04/04/98 Date Filed: 07/13/98 Damage: Damage to claimant's vehicle caused by City vehicle. Disposition: Reimbursed claimant $2,606.58 for cost of repair. (h) RECOMMENDATION TO APPROVE UPDATED/REVISED/NEW CLASS SPECIFICATIONS AS APPROVED AND RECOMMENDED BY THE CIVIL SERVICE BOARD. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 30, 1998. Action: To approve the Civil Service Board's recommendation to approve the class specifications for Administrative Assistant, Personnel Assistant, Crime Scene Investigator, Accounting Supervisor, Information Systems Technician, Associate Engineer, and Assistant Engineer as reviewed and approved by the Civil Service Board. (i) RECOMMENDATION TO APPROVE THE APPOINTMENT OF CITY TREASURER, JOHN WORKMAN, TO THE SOUTH BAY PRIVATE INDUSTRY COUNCIL AS NOMINATED BY THE CHAMBER OF COMMERCE. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 1, 1998. Action: To approve the staff recommendation to approve the appointment of City Treasurer John Workman to the South Bay Private Industry Council as nominated by the Chamber of Commerce. (j) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND RESOURCES FOR INDEPENDENCE FOR THE USE OF ROOM 6C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 30, 1998. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Resources For Independence and the City for the use of Room 6C in the Community Center at a rate of $156.80 per month (160 sq.ft. X $.98 per sq.ft.) from December 1, 1998 through June 30, 1999, and $164.80 per month (160 sq.ft. X $1.03 per sq.ft.) from July 1, 1999 through November 30, 1999 for a total rental income of $1,921.60; and, 2) authorize the Mayor to sign the lease. (k) RECOMMENDATION TO APPROVE REQUEST FROM UNITED STATES SURFING FEDERATION TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH NORTH OR SOUTH OF THE PIER ON SUNDAY, NOVEMBER 1, 1998 FROM 7:00 A.M. TO 7:00 P.M.; WAIVE THE PER PARTICIPANT/SPECTATOR FEE; AND, APPROVE THE EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated September 21, 1998. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1.approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach north or south of the Hermosa Beach Pier on Sunday, November 1, 1998, from 7: A.M. to 7:00 P.M.; 2.waive the per participant/spectator fees; and 3.authorize the Mayor to sign the event contract. (l) RECOMMENDATION TO REJECT ALL BIDS FOR THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT (CIP 97-525 & CIP 98-526) AND AUTHORIZE STAFF TO RE-ADVERTISE THE PROJECTS WITH THE APPROPRIATE MODIFICATIONS TO THE CONSTRUCTION DOCUMENTS. Memorandum from Public Works Director Harold Williams dated October 5, 1998. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Public Works Director Williams responded to Council questions and said that the project would be bid as two separate items in the future. City Manager Stephen Burrell also responded to Council questions. Action: To approve the staff recommendation to reject all bids, due to the amount of the bids over budget, and authorize staff to re-advertise the projects with the appropriate modifications to the construction documents. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. (m) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, AND ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR THE MONTEREY BOULEVARD IMPROVEMENTS (CIP 98-142) AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated October 5, 1998. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to question if this project also included the laying of conduit for future undergrounding. Public Works Director Williams responded to Council questions and said that it did not. Action: To approve the staff recommendation to: 1. Approve the plans, specifications, and estimates, order the work and call for bids; and 2. Instruct the City Clerk to advertise a Public Notice inviting sealed bids for said project. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (n) RECOMMENDATION TO APPROVE AND ADOPT EASEMENT DEED FOR AN EASEMENT FOR UTILITY PURPOSES, AUTHORIZE THE MAYOR TO EXECUTE THE DEED AND INSTRUCT THE CITY CLERK TO FILE THE DEED WITH THE COUNTY RECORDER. Memorandum from Public Works Director Harold Williams dated October 5, 1998. Action: To approve the staff recommendation to: 1. approve and adopt the easement deed for an easement for the following utilities: California Water Service Company; Southern California Edison Company; General Telephone Company; and Southern California Gas Company; 2. authorize the Mayor to execute the deed; and 3. instruct the City Clerk to file the deed with the County Recorder. (o) RECOMMENDATION TO ADOPT THE CITYWIDE ENGINEERING AND TRAFFIC STUDY PREPARED BY ALBERT GROVER & ASSOCIATES AND ADOPT RESOLUTION CERTIFYING THE CITYWIDE ENGINEERING AND TRAFFIC SPEED SURVEY FOR THE CITY'S ARTERIAL AND COLLECTOR STREET NETWORK. Memorandum from Public Works Director Harold Williams dated October 6, 1998. This item was removed from the consent calendar by Councilmember Oakes, at the request of Jim Lissner, for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions by stating that the Police can not enforce the law by using a mechanism that is not legally enforceable in court. Proposed Action: To approve staff alternative #2, to approve the survey with no increase in speeds for Gould Avenue and Valley Drive. Motion Oakes. The motion died due to the lack of a second Action: To approve: 1. adoption of the Citywide Engineering and Traffic Survey, with the exception of Gould Avenue and Valley Drive, that was prepared by Albert Grover & Associates and that recommends that the existing speeds on most arterial and collector roadways in the city remain unchanged; 2. adoption of Resolution No. 98-5936, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE CITYWIDE ENGINEERING AND TRAFFIC SPEED SURVEY ON THE CITY'S ARTERIAL AND COLLECTOR STREET NETWORK.", as amended, to delete Gould Avenue and Valley Drive from the survey; and, 3. direction to staff to return to Council with the item regarding an increase in the speed limit for parts of Gould Avenue and Valley Drive after noticing the item to the public as a Municipal Matter. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (p) RECOMMENDATION TO RECEIVE AND FILE REPORT ON 8TH STREET PETITION AND SET A PUBLIC MEETING DATE IN DECEMBER. Memorandum from Public Works Director Harold Williams dated October 7, 1998. This item was removed from the consent calendar by Councilmember Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said that the new signal installed by CalTrans on Pacific Coast Highway at Eighth Street would add to the problems for the residents by adding even more traffic to Eighth Street. Action: To approve the staff recommendation to: 1.receive and file the report on Eighth Street; and, 2.set a public hearing date in December of 1998, or January of 1999. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (q) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24976 FOR A FOUR - UNIT CONDOMINIUM AT 653 9TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5935, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24978 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 653 NINTH STREET, HERMOSA BEACH, CALIFORNIA." 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (l), (m), (o) and (p) 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. RECONSIDERATION OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN, AND REVIEW AND CONSIDERATION OF A ZONE CHANGE FROM R-3, HIGH DENSITY RESIDENTIAL, TO SPA6, SPECIFIC PLAN AREA NO. 6, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, FOR AN EIGHTY (80) UNIT ASSISTED LIVING SENIOR HOUSING FACILITY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1837 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 1998. Supplemental letters received October 13, 1998, from Stephen M. Bower, 1918 Pacific Coast Highway, and from Sunrise Development, Fairfax, Virginia, site developers. Councilmember Oakes declared a potential conflict of interest due to living within the boundaries of the project area and left the dais and the room at 7:45 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:02 P.M. Coming forward to address the Council on this item were: Marian DeMeire - representing Sunrise Development, spoke of company history; spoke of changes made in the building design, landscape and drainage system; spoke to the concerns listed in her supplemental letter; and, responded to Council questions; Lloyd Rae - 1830 Springfield Avenue, concerned with water storage on the site; said his family had severe allergies and asked that a temporary eight-foot wall be erected during construction to keep down the dust into his property; submitted letter; and,Shirley Cassell - Hermosa Beach, said that she doubted that everyone would be 85 years old; expressed her concern with parking; and, said that the project should provide more parking or cut back on the number of units. The public hearing closed at 8:15 P.M. Action: To: 1. approve the Zone Change for Parcel 18, from R-3 to SPA6; 2. waive full reading and introduce Ordinance No. 98-1184, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH."; Motion Reviczky, second Bowler. AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSENT: Oakes The public hearing reopened at 8:32 P.M. Coming forward to address the Council on the item of the Conditional Use Permit were: Neil O'Brian - Springfield Avenue, said that his mother was in an assisted living complex and everyone had a car, whether they could still drive or not; felt the parking would be inadequate; and, questioned the status of the existing boundary retaining walls; and, Sam Perrotti - 1506 Golden Avenue, said several members of his family were in assisted living facilities and that most of the residents were elderly women in their 70s or 80s with walkers or wheelchairs and none of them drove; and, said this was not independent living so parking is not a problem. (name not given) - architect for the project; spoke to the retaining walls; said the grade would be lowered so there would not be the need for massive retaining walls; showed diagrams. The public hearing closed at 8:37 P.M. Final Action: To sustain the findings of the Planning Commission that allow density to exceeding 33 units per acre with a parking ratio of 0.5 parking spaces per "bedroom suite" for Senior Citizen Housing and approve a Conditional Use Permit and Precise Development Plan for an 80-unit assisted living development with the following modifications: 1. remove the proposed red curbs on Pacific Coast Highway in order to maintain seven legal parking spaces by deleting in its entirety Number Three of Section Five of the Resolution approving the Conditional Use Permit and Precise Development Plan: ""; 2. the required new fire hydrant for the development shall be located on a site that does not necessitate the elimination of any legal parking on Pacific Coast Highway; and, 3. the on-site detention of stormwater and run-off system shall meet the hydrology requirements of the Public Works Department. Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes. Councilmember Oakes returned to the dais at 8:45 P.M. The meeting recessed at the hour of 8:45 P.M. The meeting reconvened at the hour of 9:15 P.M. and continued to item 5. MUNICIPAL MATTERS 5. STUDY ISSUING PERMITS TO ALLOW DOGS ON BEACH. Memorandum from Police Chief Val Straser dated September 22, 1998. Supplemental letters received October 13, 1998, two from Kathy Dunbabin, Hermosa Beach, and a petition received from Hal Ormondroyd, 45-17th Street, all in opposition. Police Chief Straser presented the staff report and responded to Council questions. Public participation opened at 9:17 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that the City did not need more dog droppings on the beach; considered it an ocean pollutant and a health risk, especially for young children; Nicole Dania - Hermosa Beach, said that she had lived in a city that allowed dogs on the beach and there had been no problem; felt a trial would show no problems here; Ann Sullivan - (no address given), said that Los Angeles was outlawing dogs on the beach in Venice due to dog bites; felt that not all dog owners are responsible; Richard Davison - Second Street, said that he ran on the Greenbelt every day and many dogs were walked there without problems; felt there would be less of a problem on the beach; Steve McGanty - 653 30th Street, said that he didn't see any need to allow dogs on the beach; said that if a few were allowed then all of Los Angeles County would be there; Robert Grossman - 2728 The Strand, spoke in opposition; said that this left the City open to liability as dogs could be infected and there was no way to clean the sand after dog urination or feces; felt there was no way to control non-residents from bringing their dogs to the beach; David Risso - Hermosa Beach, said that he was a responsible dog owner and he would like to be able to walk his dog on the wet sand; Miriam Benson - Monterey Blvd., said that she was a responsible dog owner and felt that many people did not understand that dogs would not be allowed to roam off-leash at any time, but only on-leash during early morning or evening hours; asked to be allowed a trial period; Alice Villalobos - Veterinarian, proponent; explained some of the safeguards that could be used to ensure compliance with health laws such as leashes, permits, clean-up kits, and dog owner class requirements before issuing permits; asked that the Council allow a trial period; Gayle Eisenberg - Hermosa Beach, spoke in favor; asked to be allowed a trial period; Susan Blaco - Seventh Street, spoke in opposition; said that for every responsible dog owner there were many more in Hermosa that were not responsible; felt the Council should not go any further with this idea; Michael Fleischer - 4 The Strand, spoke in opposition; felt it would be a health and an enforcement problem; Ellen Anderson - Hermosa Beach, spoke in opposition; said that it would be a disaster and that all of Los Angels County would let their dogs run wild; Kim Rae - 2512 Hermosa Avenue, Veterinarian, spoke in favor; said that Hermosa was fortunate to have people such as Dr. Villalobos who would conduct classes and help with enforcement; asked for a trial period; Susan Loomis - 512 Beach Drive, spoke in opposition; expressed her concerns regarding health issues and enforcement problems; Tony Rayes - 718 The Strand, spoke in opposition; suggested that dog owners clean up the Strand and if they are successful on that project to then consider allowing dogs on the beach; and, Pat Ramsey - Redondo Beach, said that she was one of the people trying for a dog park in Redondo that was granted by the Council for six months with the expectation that it would not last, but after the trial period Redondo saw that this was a good thing; asked that Hermosa allow a trial period as well. Public participation closed at 9:48 P.M. Action: To receive and file the report. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. At the hour of 9:50 P.M. the order of the agenda was returned to item 2. 6. AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE SECTION 9.04.010.H. OF CHAPTER 9.04 OF TITLE 9, PERTAINING TO CONSUMPTION OF ALCOHOLIC BEVERAGE ON STREET, PLAYGROUND OR PLACE OPEN TO THE PUBLIC. Memorandum from City Manager Stephen Burrell dated October 8, 1998. Action: To approve the staff recommendation to introduce Ordinance No. 98-1185. Motion Edgerton, second Oakes. AYES: Bowler, Edgerton, Oakes, Mayor Benz NOES: Reviczky 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. 1998 NEW YEAR'S EVE EVENT. Memorandum from City Manager Stephen Burrell dated October 7, 1998. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To direct staff to: 1. co-ordinate a 1998 New Year's Eve Event in the Downtown Plaza with a big band and dance area; 2. secure as many donations from the merchants, or others, as possible toward the anticipated $25,000.00 budget and return to Council with a report showing the amount needed from the City, if any, to fund the balance. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. b. PIER PLAZA PROJECT - CONTRACT COMPLETION WORK. Memorandum from City Manager Stephen Burrell dated October 7, 1998. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, said that he had always been told that wood would split on the grain lines if left out in the weather; said the benches shown in back had swirling grains that could be a problem; suggested that the City ask a wood expert at Learned Lumber for an opinion. Action: To approve the staff recommendation to: 1. receive and file report; 2. direct staff to secure proposals for new benches for final City Council review; and, 3. install two information kiosks. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. SCHEDULING APPLICANT INTERVIEWS FOR UNSCHEDULED VACANCY OF UNEXPIRED TERM ON PLANNING COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 8, 1998. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1. schedule a meeting prior to the Regular City Council meeting at 6:00 P.M. on Tuesday, October 27, 1998, for interviews; and, 2. extend the application filing deadline to 6:00 P.M., Wednesday, October 21, 1998. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Edgerton to commit funds to make certain improvements at the Community Center Gymnasium. Supplemental letter received October 13, 1998, from The Dumbell Man, Torrance, containing an estimate of $4,767.10 for equipment. Community Resources Director Rooney spoke to this request. Action: To commit up to $5,000.00 in funds for the Youth Basketball equipment, as an urgency matter, if staff makes the determination that this is the best solution to the problem. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, suggested that Councilmembers keep quiet and not make rude remarks when a Citizen says something that they don't agree with. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Councilmember Reviczky and Mayor Benz declared potential conflicts of interest to the closed session item due to living within the project boundaries and said that they would not attend the meeting. a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 13, 1998, at the hour of 10:41 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:42 P.M. At the hour of 11:30 P.M. the Closed Session adjourned to the Adjourned 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, October 13, 1998, at the hour of 11:31 P.M. to the Adjourned Regular Meeting of Tuesday, October 27, 1998, at the hour of 6:00 P.M. for the purpose of interviews with Planning Commission applicants. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 27, 1998, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Hermosa Valley School students led by Rebecca Hellerman ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz congratulated the Woman's Club for the success of its seventh annual Pancake Breakfast and Project Touch for its Classic Auto Show. Councilmember Reviczky requested that tonight's meeting be adjourned in memory of Jerry Littman, long-time Hermosa resident and former president and coach of the Hermosa Beach Little League. The request was seconded by Mayor Benz and agreed to by the unanimous vote of the Council. PRESENTATIONS: HERMOSA BEACH CHAMBER OF COMMERCE RECOGNITION OF S.T.A.R. BUSINESSES Carol Duff, Hermosa Beach Chamber of Commerce, presented the S.T.A.R. Business Recognition to Dave Astor, manager of Ralphs Grocery for being one of the top sales tax producers for the City of Hermosa Beach. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Danny Radell - 1273 Seventh Street, with his son, D'Artagnan, said that he was a new resident of Hermosa Beach and enjoyed the City very much, but, expressed concern with the new stop light installed by Caltrans at Eighth Street and Pacific Coast Highway; said this caused a great deal of unnecessary travel through residential streets and asked if the City could do anything to have the change reversed; Betty Ryan - 588 20th Street, requested that items 1(h) be removed from the consent calendar and item 2(b) be removed as a consent ordinance in order for the two to be heard together; requested that when the items were heard that the City Attorney define the term "in the first instance", as it was ambiguous; and, Al Valdes - 2840 Amby Place, said that he was opposed to item 2(b). (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION: 1. Letter from Jim Lissner dated October 14, 1998 requesting street-posted noticing of speed limit and other significant traffic control changes. Coming forward to address the Council on this matter was: Jim Lissner - Hermosa Beach, spoke to his letter, asked that the City give notice to the public by placing the orange signs used to notify residents of other types of proposed changes on the streets. Action: To receive and file the letter. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), 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) Reviczky, at the request of Betty Ryan. At this time City Attorney Michael Jenkins informed the Council that there had been a revision to item 1(i) that had changed the date of the donation to January 9, 1999. Motion Edgerton, 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 October 13, 1998. Action: To approve the minutes of the Regular Meeting of October 13, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15114 THROUGH 15254 INCLUSIVE, NOTING VOIDED CHECK NO. 15172, AND TO APPROVE CANCELLATION OF CHECK NOS. 15049 AND 15050 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 SEPTEMBER, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the September, 1998, Financial Reports as presented. (e) RECOMMENDATION TO APPROPRIATE $100.00 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE PURCHASE OF SUPPLIES FOR THE ANNUAL HALLOWEEN HOWL. Memorandum from Finance Director Viki Copeland dated October 19, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to thank and acknowledge the donor. Action: To approve the staff recommendation to appropriate $100.00 donation from the Woman's Club of Hermosa Beach to the Community Resources Department to be used for the purchase of supplies for the annual Halloween Howl. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 16, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of September 16, 1998. (g) RECOMMENDATION TO APPROPRIATE $5,000 FROM THE PARK AND RECREATION FACILITY TAX FUND TO PARK AND BEACH IMPROVEMENTS (CIP #506) TO BE ALLOCATED TO THE YOUTH BASKETBALL LEAGUE AND UP TO $20,000, AS REQUIRED, FROM THE DOWNTOWN ENHANCEMENT FUND TO CITY COUNCIL SPECIAL EVENTS BUDGET (#4319) FOR A NEW YEAR'S EVE CELEBRATION. Memorandum from Community Resources Director Mary Rooney dated October 20, 1998. Action: To approve the staff recommendation to: 1.approve the appropriation of $5,000 from the Park and Recreation Facility Tax Fund to Parks and Beach Improvements (CIP #506) to be allocated to the Youth Basketball League; and, 2.approve the appropriation of up to $20,000, as required, from the Downtown Enhancement Fund to City Council Special Events budget (#4319) for a New Year's Eve celebration for 1998/1999. (h) RECOMMENDATION TO ADOPT RESOLUTION AMENDING GUIDELINES FOR CONSUMPTION AND SALE OF ALCOHOL IN CITY BUILDINGS, PARKS AND OUTDOOR AREAS. Memorandum from City Manager Stephen Burrell dated October 20, 1998. This item was removed from the consent calendar by Councilmember Reviczky, at the request of Betty Ryan, for separate discussion later in the meeting. The discussion on this item is shown with item 2(b). Action: To receive and file the proposed resolution that would have amended the guidelines to include allowing alcohol consumption on the beach.Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. (i) RECOMMENDATION TO ACCEPT THE GIFT OF CERTAIN REAL PROPERTY INTEREST IN THE CITY WHICH SHALL BE USED EXCLUSIVELY FOR PUBLIC PURPOSES AND AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated October 19, 1998. Action: To approve the staff recommendation, as amended by the City Attorney to change the date of the donation to January 9, 1999, to 1.accept the gift of certain real property interests in the City (partial beach deed) which shall be used exclusively for public purposes; and, 2.authorize the Mayor and City Clerk to execute the agreement on behalf of the City. (j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1998. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting held on October 20, 1998. 2. CONSENT ORDINANCES a. ORDINANCE NO. 98-1184 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 19, 1998. Action: To waive full reading and adopt Ordinance No. 98-1184. Motion Bowler, second Reviczky. AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: Oakes b. ORDINANCE NO. 98-1185 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.04, SECTION 9.04.010, SUBSECTION H OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING CONSUMPTION OF ALCOHOLIC BEVERAGES ON STREETS, PLAYGROUNDS OR PLACES OPEN TO THE PUBLIC." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 19, 1998. Supplemental letters in opposition from B.J. Mitchell, Kathy Dunbabin, and Naoma Valdes, all from Hermosa Beach. This item was heard in combination with item 1(h). City Attorney Michael Jenkins responded to Council questions regarding the City's ability to limit permits to residents only by saying that it is a problem that presents a potential for conflict as there was no case law that dealt specifically with this situation. Assistant City Manager Mary Rooney also responded to Council questions. Coming forward to address the Council on this item were: Al Valdes - 2840 Amby Place, said that the beach was held in trust for all of southern California and questioned if the City could limit alcohol use permits only for residents; and, said that it was not true, as carried in some newspaper reports, that alcohol was allowed on the beach now for non-profit events; Jim Lissner - 2715 El Oeste Drive, said that the Council had passed the introduction of the ordinance in a record 46 seconds; expressed concern that there had been no public notice of the intent of the ordinance and that the word "beach" had not appeared in the agenda or the staff report; and, questioned if Mayor Benz should abstain from the vote as, per item 9(b), he would receive a direct benefit from the ordinance; Joe Mark - 324 Fourth Street, spoke in opposition; said that there was an inherent liability to allowing alcohol on the beach; said that it was hard to confine alcohol consumption even for a non-profit organization in a controlled area; questioned who will ensure that there is adequate liability insurance, who will police the event and be responsible that the liquor laws are upheld and that minors don't come in possession of alcohol; and, one final question, what benefit is this change to the City or to the citizens; Herb Schneider - 157 Ardmore Avenue, said that a child's behavior was shaped by the behavior around him and for this reason alone there should be no alcohol allowed on the beach; questioned if permits were only for privileged few; and, said that everyone he knows opposes alcohol on the beach; Terry Bindman - 523 25th Street, said that she had been shocked to learn that the Council was considering allowing parties with alcohol on the beach as the two did not mix; questioned why permission would be at the Council's discretion only; said that the City of San Diego allowed alcohol during certain times and had had many problems; and, expressed concern at the liability potential and lack of research that had gone into the preparation of this ordinance; Heidi and Charles Kissell - 440 Manhattan Avenue, spoke in opposition; said that both were lifeguards and that alcohol played a major role in ocean rescues; said that the safety issue had not been addressed; suggested that the City contact the Department of Beaches and Harbors for its guidelines that required corporate sponsorship, professional caterers and bartenders and security personnel; John Hales - 624 Eighth Place, read a statement that gave some of the history regarding the ban on alcohol consumption on the beach; spoke of riots that had taken place due to drinking; spoke of his strong reservations against this change; Anne Sullivan - 60 18th Street, spoke in opposition; said that the beach was the City's front yard and that alcohol did not belong on the beach or in the parks; said that although the County could allow alcohol permits it was never in residential areas; and, said that the Police had said that it would be very difficult to control; Judy Garland - 1181 Cypress Avenue, spoke in opposition; said that the Council had been entrusted with making laws that would be a benefit to the City and its residents; questioned how the Council could have let this slip through; questioned where the majority of the Council had been during the 46 seconds it had taken to try to vote this in; June Pulcini - 2230 The Strand, spoke in opposition; said that for those who lived on or near the Strand there were already many alcohol related problems: fights, people being sick or relieving themselves in public, loud noises and sometimes property damage; said that it was hard enough to control these problems and questioned how there would be enough manpower to control alcoholic beach parties; Betty Ryan - 588 20th Street, said that there did not need to be a change in the law to allow weddings as there were many weddings held on the beach already, as well as church services, memorial services and family reunions and parties; said that she saw no need for alcohol on the beach; questioned how the Council came to support this ordinance; Dennis Noor - 250 35th Street, spoke in opposition; said this would be a precedent setting situation as the beach was beautiful and together with the parks should be a sanctuary for the residents and their children; Mordy Benjamin - 928 14th Street, spoke in opposition; said that if the Council thought it was important then they should put it to a vote of the people; Donley Falkenstien - (no address given), spoke in opposition; said that he felt this was a self serving objective driven by the Mayor; and, Pete Tucker - 235 34th Street, spoke in opposition; said that the Kiwanis and Rotary clubs allowed alcohol when their buildings are rented for parties or receptions and had many problems and incidents of violence. Action: To not adopt Ordinance No. 98-1185. Motion Oakes, second Bowler. AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz At 8:24 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 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. REVIEW AND RECONSIDERATION BY THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE, WITH CONDITIONS, A CONDITIONAL USE PERMIT AMENDMENT FOR ON-SALE ALCOHOL AND EXTENDED HOURS OF OPERATION FROM 8:00 A.M. UNTIL 2:00 A.M. IN CONJUNCTION WITH ALTERATIONS TO AN EXISTING RESTAURANT AT 934 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1998. Supplemental letters in opposition to the request from Barbara Gottlieb, Adele Icaza, Gene Perry and an unsigned letter, all from Hermosa Beach. Councilmember Bowler declared a potential conflict of interest due to owning a business within the project area and left the dais and the room at 8:25 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. RECOMMENDATION: Sustain Planning Commission's approval of the Conditional Use Permit Amendment 98-8 The public hearing opened at 8:34 P.M. Coming forward to address the Council on this item were: Mark Marone - applicant, said the proposal was for an upscale restaurant offering a tapas menu as well as numerous main courses; said extending the hours to service a late dinner crowd as well as a traditional dinner crowd was needed in order to be successful, since the location would not generate significant breakfast or lunch crowds; said the full late-night menu also provided a needed alternative to diners; Kevin Wall - Monterey, applicant, said to alleviate the noise concerns expressed by residents, the rear door providing access onto Palm Drive would be closed and locked promptly at 6:00 P.M. each day, requiring patrons and employees to exit onto Hermosa Avenue; Gary Zimmerman - 928 Palm Drive, referred to his letter in the packet objecting to the request; cited numerous problems that occurred with the previous restaurant and the lack of response to resident complaints; expressed concern about exacerbating those problems with extended hours and full service alcohol; Micki Smallman - 920 Palm Drive, expressed concern about the requested 2:00 A.M. closing time on weekdays and suggested closing at midnight instead; questioned the 8:00 A.M. opening time if there would be no breakfast or lunch; said she was also concerned about the rear access; Brian Arnold - 1208 Monterey, spoke in favor of the proposal; said it was needed because there were no other restaurants in the downtown area open after 11:00 P.M.; said this restaurant would be nothing like the previous establishment, that the applicants proposed a nice establishment; Brice Todd - 1105 Cypress, spoke in favor of the request, said the establishments causing the most trouble are those that cater to young beer drinkers; said this restaurant would attract a more mature clientele; said everyone did not have conventional schedules, that he did not get home from work until 9:30 or 10:00 P.M. and would like to then go out for a nice dinner; Jim Lissner - 2715 El Oeste Drive, expressed concern about the noise at 2:00 A.M. caused by people leaving the restaurant, which he said was sited on the outskirts of the downtown area; said forcing patrons to exit onto Hermosa Avenue would not necessarily keep them off Palm Drive; said if this request was approved, other requests would be made for the same thing; Brian Cotch - 53 Ninth Street, cited noise problems with the previous establishment; said noise affects residents to the west as well as those to the rear of the building; opposed the requested 2:00 A.M. closing time; said while these applicants may manage their business well and be good neighbors, there was no way of knowing how future owners would be; and Donley Falkenstien - said he moved out of the downtown area because it had gotten unbearable over the past two years; said this restaurant was clearly in the downtown and there was already an imbalance of uses in that area; said there was also a continuing parking problem with only 22 spaces for the entire building, which housed another restaurant downstairs. The public hearing closed at 9:11 P.M. Action: To approve the staff recommendation to sustain the Planning Commission approval, with conditions, of a Conditional Use Permit amendment for on-sale alcohol and extended hours of operation, in conjunction with alterations to an existing restaurant at 934 Hermosa Avenue, subject to the following additional provisions: a) that the extended hours of operation from 8:00 A.M. to 2:00 A.M. apply to Friday and Saturday nights only, with the hours of operation limited to 8:00 A.M. to 11:00 P.M. Sunday through Thursday; b) that the applicant work with staff to come up with a way to mitigate the problems associated with egress onto Palm Drive; and c) that the project come back before the Council in six months to evaluate the operation of the restaurant and review all conditions of approval. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Bowler. Councilmember Bowler returned at 9:25 P.M. The meeting recessed at the hour of 9:25 P.M. The meeting reconvened at the hour of 9:47 P.M. 5. APPEAL OF SECTION 5 OF MORATORIUM ORDINANCE NO. 97-1169U AT 1221-1227 HERMOSA AVENUE - BIJOU THEATER BUILDING. Memorandum from Community Development Director Sol Blumenfeld dated October 16, 1998. Supplemental letter from Shaul Kuba, CIM Group, 10960 Wilshire Blvd., received October 27, 1998. Councilmember Bowler declared a potential conflict of interest due to owning a business within the project area and left the dais and the room at 9:48 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins said that the owners could retrofit the building and use it as a theatre or retrofit it and not use it as a theatre, but the City could not compel the owners to use the building as a theatre. The public hearing opened at 10:05 P.M. Coming forward to address the Council on this item were: John Given - representing CIM Group, said the owners were not seeking relief in order to tear down the building, but to start the seismic retrofit as quickly as possible; said that enactment of the Historic Preservation Ordinance (HPO) would create numerous bureaucratic steps that would greatly lengthen the time to retrofit the building; said that the building needed to comply with the City's seismic safety regulations because: 1.the building is structurally unsound and must be demolished or altered to protect public health, safety and welfare; 2.the building cannot be used for any economic purpose whatsoever without alteration or demolition; and, 3.the commencement of pile driving on the adjacent parking structure could cause soil vibrations that would collapse the old unreinforced masonry walls of the building Chris Harding - attorney for CIM Group, responded to Council questions; said that CIM had a history of preserving historic buildings and wished to preserve the architectural exterior of the Bijou building. The public hearing closed at 10:48 P.M. Action: To approve the appeal with the following conditions: 1.relief under Ordinance No. 96-1168-U, Section 5, and subsequent extensions, will apply only to consideration of the work described in the plans submitted to the City on September 17, 1998; 2.staff will be authorized to issue permits for the work following a Council determination that the work will not unreasonably prejudice the designation of the building as a landmark; 3.CIM Group will cooperate in any future designation of the Bijou Building as a landmark; 4.when the Historic Preservation Ordinance (HPO) is adopted and the Bijou Building is designated as a landmark, any future work, not included in the requested Section 5 relief, including restoration of building elevations and seismic up-grade, will be subject to the procedures set forth in the HPO for review and approval of minor alterations, certificates of appropriateness and hardship relief; and, 5.noting that relief is being granted under Section 5 of the Moratorium Ordinance No. 96-1168-U, and subsequent extensions, based on the City Council finding that it is in the best interest of the public health, safety and welfare to expedite the processing of the application in order to expedite the seismic retrofit of the building, without the Council making any determination as to the nature of the work to be performed, but acknowledging that the building has landmark characteristics. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Bowler. Councilmember Bowler returned at 10:53 P.M. 6. TEXT AMENDMENT TO THE ZONING ORDINANCE ADDING A HERMOSA BEACH PRESERVATION ORDINANCE FOR CERTAIN PROPERTIES DESIGNATED AS HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT, ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AND ADOPTION OF A RESOLUTION ESTABLISHING A LIST OF POTENTIAL HISTORIC BUILDINGS. Memorandum from Community Development Director Sol Blumenfeld dated October 22, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the Planning Commission recommendation to: 1.waive full reading and introduce Ordinance No. 98-1186, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 17.53 TO THE CITY OF HERMOSA BEACH MUNICIPAL CODE RELATING TO HISTORIC RESOURCES PRESERVATION.", as amended by the City Attorney in Section 17.53.140(B), last sentence to read, "Applications for Certificates of Appropriateness involving only minor alterations shall be reviewed pursuant to procedures in Section 17.53.150(E)."; as amended by the City Attorney in Section 8. to read, "Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause a summary of this ordinance to be published..."; and, as added by the City Attorney, a new Section 10. that reads, "The requirements of Section 17.53.140 shall not apply to work performed pursuant to a permit issued under Section 5 of Ordinance No. 96-1168-U following a determination by the City Council that the preservation purposes of this Ordinance have been fulfilled."; and, 2.adopt Resolution No. 98-5937, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A LIST OF POTENTIAL HISTORIC BUILDINGS." Motion Oakes, second Edgerton. The motion carried by a unanimous vote. MUNICIPAL MATTERS 7. RESOLUTION REVISING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated October 21, 1998. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5938, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 96-5831, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD/COMMISSION MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER." Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LETTER FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REGARDING REQUESTED CHANGES TO LICENSE CONDITIONS FOR CLUB SUSHI, INC. Memorandum from City Manager Stephen Burrell dated October 20, 1998. Assistant City Manager Rooney presented the staff report and responded to Council questions. Action: To receive and file the letter. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - APPOINTMENT TO PLANNING COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated October 22, 1998. Action: To appoint Chris Ketz to the Planning Commission to fill an unexpired term, ending June 30, 2000, due to an unscheduled vacancy. Motion Oakes, second Bowler. The motion carried without objection. b. LETTER REQUESTING APPROVAL FOR WEDDING AND RECEPTION ON THE BEACH, SATURDAY, NOVEMBER 28, 1998 FROM 3:00 P.M. TO 9:00 P.M. Memorandum from City Manager Stephen Burrell dated October 20, 1998. Action: No action was taken on this matter. 10. OTHER MATTERS - CITY COUNCIL - None 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 LEGAL COUNSEL: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Councilmember Reviczky and Mayor Benz declared potential conflicts of interest to the closed session item due to living within the project boundaries and said that they would not attend the meeting. a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 27, 1998, at the hour of 11:20 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:22 P.M. At the hour of 11:50 P.M. the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Jerry Littman on Tuesday, October 27, 1998, at the hour of 11:50 P.M. to the Regular Meeting of Tuesday, November 10, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 27, 1998, at the hour of 6:05 P.M. ROLL CALL: Present: Bowler, Reviczky, Mayor Benz Absent: Edgerton (arrived 6:07 P.M.), Oakes (arrived 6:30 P.M.) INTERVIEWS OF APPLICANTS FOR PLANNING COMMISSION - ONE SEAT - UNSCHEDULED VACANCY - UNEXPIRED TERM ENDING JUNE 30, 2000 Mayor Benz called the meeting to order and welcomed the applicants, noting that the actual appointment would be made later during the regular City Council meeting when the scheduled item comes up on the agenda. Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one or more questions of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn in the City Hall foyer and entered the Council Chambers one at a time when called, in alphabetical order. (Councilmember Edgerton arrived at 6:07 P.M., during the interview session with the first applicant, Silvestre "Sal" G. Gonzales.) (Councilmember Oakes arrived at 6:30 P.M., during the interview session with the third applicant, Peter R. Hoffman.) Coming forward to proceed with the interview process and respond to individual Council questions were the following applicants: 1) Silvestre (Sal) G. Gonzales 2) Robert M. Harvey, Jr. 3) Peter R. Hoffman 4) Michael Keegan 5) Chris Ketz CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, October 27, 1998, at the hour of 7:03 P.M., to the Regular meeting of the same date, which was scheduled to begin at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 10, 1998, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Dick McCurdy, H.B. Sister City Assn. ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes Absent: Mayor Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Oakes announced the free countywide Household Hazardous Waste Roundup on Saturday, December 5, 1998, from 9:00 A.M. to 3:00 P.M., by the Clark Building, on Valley Drive between Eighth Street and Eleventh Street. For more information, call 1-888-Clean LA (1-888-253-2652). PRESENTATIONS: PRESENTATION OF PROCLAMATIONS BY NICK LOUIZOS,REPRESENTATIVE FROM ASSEMBLYWOMAN DEBRA BOWEN'S OFFICE,TO HERMOSA BEACH CHAMBER OF COMMERCE1998 MAN OF THE YEAR, PAUL AMARILLAS, AND1998 WOMAN OF THE YEAR, CATHY McCURDY Nick Louizos presented certificates of recognition and congratulations from Assemblywoman Debra Bowen to the Hermosa Beach Chamber of Commerce 1998 Man of the Year, Paul Amarillas, and 1998 Woman of the Year, Cathy McCurdy. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Donley Falkenstien - spoke of a letter he had sent questioning the legality of the Utility User Tax expansion to include cell phones and long distance calls; asked the City Attorney to respond (City Attorney Michael Jenkins replied that he was looking at the issue and would report back to the Council with an opinion); Shirley Cassell - Hermosa Beach, said she and her neighbors were very happy with the 7:00 A.M. to 9:00 A.M. ban on turns from Herondo onto Monterey; said parking signage changes on her street from a year ago had not yet been done; noted that Councilmember Edgerton did not have his laptop computer; and Dick McCurdy - 1004 Ninth Street, said a group of about 15 people had just returned from a visit to Hermosa's sister city, Loreto, Mexico; said the final Hermosa Beach Sister City meeting of the year would take place at the Community Center, Room 12, Monday, November 16, 1998, at 7:00 P.M.; and asked if those planning to attend would call him at 374-4072. (b) COUNCIL COMMENTS: Councilmember Edgerton said the City had requested environmental documents from the FAA pertaining to the LAX flight loop, which the FAA claims was put into use in 1978. He said the FAA was unable to provide any environmental documents, noting that an environmental impact statement would have been required as of 1970. He requested concurrence from the City Council for the City Attorney to proceed with additional research to determine whether or not the required environmental review had been done. City Attorney Jenkins said all that was needed from the Council was direction to staff to look further into the matter, if there was Council concurrence to do so. Action: By Council concurrence, staff was directed to look further into the matter as requested. (Benz absent) Councilmember Edgerton asked the status of parking meters in residential zones; objected to signage that indicates 24-hour parking enforcement if meters are not enforced 24 hours per day. City Manager Burrell noted that although changes to the parking program were approved last year by the City, they were not approved by the Coastal Commission until a few months ago; said staff would come up with a temporary solution until the changes are fully implemented. Councilmember Reviczky said a review of the Monterey traffic turns would come back before Council at its December 8 meeting. (c) WRITTEN COMMUNICATION: 1. Letter from the Hermosa Beach Chamber of Commerce dated October 19, 1998 requesting approval for the Annual Tree Lighting Ceremony on December 10, 1998. Coming forward to address the Council on this item was: Carol Duff - Hermosa Beach Chamber of Commerce, said in addition to having Santa Claus, the Chamber planned to bring in real snow, to be located close to the tree on lower Pier Avenue Plaza; said the ceremony would take place from 6:00 P.M. to 8:00 P.M. Action: To approve the request for the Annual Tree Lighting Ceremony on December 10, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 2. Letter from the Hermosa Beach Little League Fundraising Committee dated November 4, 1998, requesting consideration of a contribution to the Hermosa Beach Little League. Coming forward to address the Council on this item was: Alan Dettelbach - 1244 Ninth Street, spoke to the request for a contribution from the City to help fund various programs and improvements; said a major goal was to fund clinics for coaches and players; also spoke to the need to upgrade the facilities at Clark Stadium; listed a variety of requested items totaling more than $20,000; and Clint Lau - 1239 17th Street, agreed with the need for special training. Action: To approve an expenditure from the Parks and Recreation Facility Tax Fund of an amount up to $5,000 for specific infrastructure-related improvements or repairs to Clark field, as determined by staff working with the Little League Board. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Edgerton for Shirley Cassell and (k) Mayor Pro Tempore Oakes. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:50 P.M. the order of the agenda was suspended to go to the hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Adjourned Regular Meeting held on October 27, 1998; and,2) Minutes of the Regular Meeting held on October 27, 1998. Action: To approve the minutes of the Adjourned Regular Meeting of October 27, 1998, and the Regular Meeting of October 27, 1998, as presented. (Mayor Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15256 THROUGH 15454 INCLUSIVE, NOTING VOID CHECK NO. 15408, AND TO APPROVE CANCELLATION OF CHECK NOS. 15293, 15329 AND 15355 AS RECOMMENDED BY THE CITY TREASURER Action: To ratify the check register as presented. (Mayor 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. (Mayor Benz absent) (d) RECOMMENDATION TO APPROVE PURCHASE OF TWO COMPRESSED NATURAL GAS (CNG) VEHICLES FOR POLICE AND PUBLIC WORKS. Memorandum from Police Chief Val Straser and Finance Director Viki Copeland dated September 30, 1998. Action: To approve the staff recommendation to: 1) appropriate $17,272 from the Air Quality Improvement Fund, $4,318 in AQMD matching funds and $30,494 from the Equipment Replacement Fund; 2) approve the scheduled replacement of the following vehicles with Compressed Natural Gas (CNG) vehicles: one (1) Ford F250 regular cab pick-up truck at $21,487.23 for the Public Works Department and one (1) Ford E350 cargo van for the Police Department at $30,596.86; and, 3) approve the purchase of the two vehicles through public contracts with the Wondries Fleet Group of Alhambra, California. (Mayor Benz absent) (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 4, 1998. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, asked if the recent court decision on the initiative ordinance to ban oil drilling (Prop. E) had any effect on item 1 below. (City Attorney Jenkins responded that the judge had said the City may be relieved of its contract obligations if the project was unreasonably hazardous to the community.) Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1) Claimant: Winward Associates, c/o Macpherson Oil Company Date of Loss: 09/17/98 Date Filed: 10/19/98 Allegation: Claimant alleges employees and agents of the City may have caused the City to breach its obligation. 2) Claimant: Berry, Sean Date of Loss: 08/11/98 & 08/18/98 Date Filed: 10/29/98 Allegation: Claimant alleges pain and suffering caused by City issuance of parking tickets to him. 3) Claimant: Nunez, Jose Date of Loss: 09/25/98 Date Filed: 10/01/98 Allegation: Claimant alleges illegal seizure by the City of his property. Motion Mayor Pro Tempore Oakes, second Edgerton. The motion carried, noting the abstention of Councilmember Reviczky and the absence of Mayor Benz. (f) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 31, 1998, FOR THE 8TH ANNUAL SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND APPROVE EVENT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated November 4, 1998. Action: To approve the staff recommendation to: ) approve the request from the Redondo Beach Chamber of Commerce and Conte Productions to use Hermosa Avenue at 8th Street for approximately 30 minutes on Sunday, January 31, 1999, for the Elite Mile Race; ) waive special event and film permit fees; and, ) approve the event subject to the conditions listed below: Certificate of Insurance in the amount of $2 million naming the City as additional insured; event organizers to pay for an off-duty Police Officer (2 hour minimum) for the event; area residents to be notified in writing by event organizers prior to the event, with notification letter approved by Community Resources staff; event organizers to provide City staff with a two-way radio; all event vehicles will be identified with a placard; starting gun shall be examined and operator briefed prior to the Race start by a Hermosa Beach Police Officer; the City shall approve commercial sponsor banners; and the City of Hermosa Beach shall be identified in any and all television credits. (Mayor Benz absent) (g) RECOMMENDATION TO APPROVE REQUEST FROM CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE PARKING TO ALL COMMERCIAL (SILVER POST) PARKING METERS FROM NOVEMBER 23RD THROUGH DECEMBER 28TH. Memorandum from City Manager Stephen Burrell dated November 2, 1998. Action: To approve the request from the Chamber of Commerce and authorize the placement of cards by City staff in all commercial (silver post) parking meters indicating two hours free parking from November 23, 1998, through December 28, 1998, as recommended by staff. (Mayor Benz absent) (h) RECOMMENDATION TO AWARD CONTRACT FOR SERVICES OF THE PLANNING CENTER IN THE AMOUNT OF $33,050 FOR PREPARATION OF THE LOCAL COASTAL PROGRAM; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ACCEPT THE PROJECT AS COMPLETED ON BEHALF OF THE CITY COUNCIL UPON COMPLETION OF WORK; AMEND THE COASTAL BUDGET TO REFLECT THE APPROVED GRANT AMOUNT OF $35,405; AND, AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Community Development Director Sol Blumenfeld dated November 3, 1998. Oral communication from City Manager Stephen Burrell noting that the format of the contract would be changed, but there would be no change to the actual content of the contract. Action: To approve the staff recommendation to: 1) award contract for services of the Planning Center in the amount of $33,050 for preparation of the Local Coastal Program, noting that funding is supplied through a grant from the Coastal Commission in the amount of $35,405; 2) authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; 3) authorize the Director of Community Development to accept the project as completed on behalf of the City Council upon completion of work; 4) amend the coastal budget to reflect the approved grant from the Coastal Commission in the amount of $35,405; and, 5) authorize the Director of Community Development to make minor changes as necessary within the budget. (Mayor Benz absent) (i) RECOMMENDATION TO APPROVE PROPOSAL FOR PROFESSIONAL SERVICES FOR PLAN CHECK AND BUILDING INSPECTION FOR HAYER CONSULTANTS AND AUTHORIZE CITY MANAGER TO ENTER INTO CONSULTANT AGREEMENT. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. Action: To approve the staff recommendation to approve proposal for professional services for plan check and building inspection for Hayer Consultants and authorize City Manager to enter into consultant agreement. (Mayor Benz absent) (j) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING PLANNING COMMISSION RESOLUTION NO. 98-57, SUBJECT TO SPECIAL CONDITIONS, FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5939, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOT 27-30, TRACT NO. 1654." (Mayor Benz absent) (k) RECOMMENDATION TO ADOPT RESOLUTION GRANTING RELIEF FROM SECTION 5 OF MORATORIUM ORDINANCE NO. 96-1168U TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. This item was removed from the consent calendar by Mayor Pro Tempore Oakes for separate discussion later in the meeting. Community Development Director Blumenfeld and City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5940, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING RELIEF FROM MORATORIUM ORDINANCE 96-1168-U, TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE.", as amended in Section 4, Condition Number 4, to delete the sentence's second word "future," and to add "...in the scope of the seismic retrofit, which may be approved by the City Council..." Motion Edgerton, second Reviczky. The motion carried, noting the abstention of Bowler and the absence of Mayor Benz. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 98-1186 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 17.53 TO THE HERMOSA BEACH MUNICIPAL CODE RELATING TO HISTORIC RESOURCES PRESERVATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 4, 1998. Action: To waive full reading and adopt Ordinance No. 98-1186. Motion Reviczky, second Bowler. AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSENT: Mayor Benz At the hour of 8:52 P.M. the meeting recessed. At the hour of 9:21 P.M. the meeting reconvened to continue the agenda at item 5. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At the hour of 8:51 P.M. the order of the agenda returned to item 2. HEARING 4. REVIEW OF FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated November 5, 1998. City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions. The hearing opened at 7:55 P.M. Coming forward to address the Council on this item were: Carol Duff - Hermosa Beach Chamber of Commerce, spoke to moving the Fiesta to Valley Drive as a test during the downtown construction; Karen Bruns - 531 Pier Avenue, Space 46, spoke in opposition to a bridge and to moving the fiesta to Valley Drive; urged that it be kept in a commercial zone; complained of noise from High School Marching Band when a parade is held; Shirley Cassell - spoke in opposition to the Fiesta in general and to this location in particular; questioned who would pay the cost of repairing damages caused by the Fiesta crowds to the new landscaping on the Greenbelt; Steve Roberts - 92 17th Street and "Cafe Boogaloo" owner, said the Fiesta was a great event but should be changed to two other weekends during the year, not the holiday weekends; Donley Falkenstien - said that residents in the downtown area also objected to the Fiesta; complained about the impact on parking; and, Gary Bichelmeyer - Chamber of Commerce; spoke of the history of the Fiestas and explained that this was the major source of funding for the Chamber rather than receiving a City subsidy as most Chambers of Commerce do. The hearing closed at 8:18 P.M. Action: To continue this item to the regular meeting of November 24, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. At the hour of 8:38 P.M., the order of the agenda moved to item 3 to hear item 1(e). MUNICIPAL MATTERS 5. REMOVAL OF TRAFFIC BARRIER ON 3RD STREET AT BEACH DRIVE AND CONSIDERATION OF INSTALLATION OF MULTI-WAY STOP AT 4TH STREET AND HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998. Supplemental letters in opposition from Leonor Salido, 18 Fourth Street, and from Michael Gerard Fletcher, 414 Strand, containing a petition in opposition. Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. Public Works Director Williams, City Manager Burrell and Police Chief Val Straser also responded to Council questions. Public participation opened at 9:44 P.M. Coming forward to address the Council on this item were: Gary Donan - 324 Strand, said there was a problem when the barrier was closed and asked that the barrier be left alone; Dennis Kaufman - 19 Fourth Court, asked if it was a ticketed offense for a resident to lower the barrier, noting that a city employee had told him that it was; supported adding a stop sign at Fourth Street and Hermosa Avenue; Ray Ribar - 318 Stand, spoke in favor of removing the barrier at Third Street and Beach Drive; said the barrier was usually down; Ralph Harboe - 25 Third Street, spoke in favor of keeping the barrier at Third Street as it slowed traffic on Beach Drive, even when open; opposed stop signs at Third Street and Beach Drive in place of the barrier; supported a stop sign at Fourth Street and Hermosa Avenue; Jack Jenkins - 338 Strand, asked that the residents be allowed to raise or lower the barrier as needed; said that a stop sign was needed at Fourth Street and Hermosa Avenue; Unidentified man with baby - asked that the barrier be left in place; Mike Fletcher - 414 Strand, referred to his supplemental letter and attached petition objecting to the removal of the Third Street/ Beach Drive barrier; submitted petitions signed by additional residents opposed to the removal of the barrier; Name Indistinct - spoke in support of keeping the barrier open; and Name Indistinct - 318 Strand, spoke in support of removing the barrier. Public participation closed at 10:08 P.M. Action: To give direction to staff to: 1) leave the barriers as they are now; and 2) remove the southbound "no left turn" and "no U-turn" signs from the intersection of Hermosa Avenue and Second Street. Motion Reviczky, second Mayor Pro Tempore Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz 6. INSTALLATION OF GREEN CURB LOADING ZONE AT 910 HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998. Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 10:25 P.M. Coming forward to address the Council on this item was: Name Indistinct - Oceanview Cleaners, requested two green curb spots for short-term customers. Public participation closed at 10:29 P.M. Action: To approve the change from a two-hour meter to a fifteen-minute green curb with no meter at one existing parking space on the east side of Hermosa Avenue in the vicinity of Ninth Street near the Oceanview Cleaners (910 Hermosa Avenue) at a location determined by staff, and to direct staff to devise a means to keep taxis from using the green zones as temporary waiting areas, possibly by stenciling "NO TAXI WAITING" on the curbs. Motion Bowler, second Edgerton. The motion carried, noting the absence of Mayor Benz. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. WATER RATE INCREASE - CALIFORNIA WATER SERVICE COMPANY. Memorandum from City Manager Stephen Burrell dated November 4, 1998. City Manager Burrell presented the staff report and responded to Council questions, noting a California Water Service Company meeting December 2, 1998 in the Council Chambers. Action: To adopt a City Council position in opposition to the California Water Service Company's proposed rate increase of more than ten percent and direct the City Manager to send a letter stating Council's opposition. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request by Mayor Benz that the City Council rescind the appointment of Chris Ketz to the Planning Commission and reconsider an appointment to fill the Planning Commission vacancy. Supplemental letter from Mayor Benz in support of his request received November 10, 1998. Action: To receive and file the request. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz. CITIZEN COMMENTS No one came forward to address the Council at this time. City Attorney Jenkins announced that the additional item of the Stop Oil litigation needed to be added to the closed session agenda. Action: To add the Stop Oil litigation to the closed session agenda as requested based on the finding that the matter arose after the posting of the agenda. Motion Bowler, second Edgerton. The motion carried, noting the abstention of Reviczky and the absence of Mayor Benz. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Name of Case: Boyd v. City of Hermosa Beach Names of Claimants: Kit & Valerie Boyd Claim Number: 98-0013 The following existing litigation item was added by motion above: b. Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 10, 1998, at the hour of 10:38 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:10 P.M. At the hour of 12:10 A.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, November 11, 1998, at the hour of 12:11 A.M. to the Regular Meeting of Tuesday, November 24, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 24, 1998, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Children from the audience. ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz wished everyone a Happy Thanksgiving on behalf of Council and City staff. Councilmembers Edgerton, Reviczky and Bowler announced the Sixth Annual Beach Cities Toy Drive was now collecting new, unwrapped toys for needy children. Toys can be dropped off at the fire stations or at the Chambers of Commerce in Hermosa Beach or Manhattan Beach and there will be a community wrapping party at Clark Building on Saturday, December 19, 1998, starting at 10:00 A.M. until 2:00 P.M. PRESENTATION: PRESENTATION OF PLAQUE TO ROD MERL IN RECOGNITION OF HIS SERVICE ON THEPLANNING COMMISSIONSEPTEMBER 1991 - AUGUST 1998 As Rod Merl was unable to attend this meeting, the presentation was continued to the regular meeting of December 8, 1998. Councilmember Reviczky introduced a representative from Congress member Jane Harmon's office who presented Certificates of Recognition to Steve Crecy and Judy Navarro for their work in veteran's assistance. Both Mr. Crecy and Ms. Navarro thanked Councilmember Reviczky, the citizens, and the staff of the City of Hermosa Beach for their work in building the veteran's memorial. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned why only three Councilmembers had their City-paid laptop computers with them tonight; and, Donley Falkenstien - spoke to his letter regarding Utility User Tax on long-distance calls and cell phones. (b) COUNCIL COMMENTS: Councilmember Reviczky said that all monies taken in as taxes are returned to the citizens through City services such as Police, Fire, Public Works, City Parks, Recreation activities and other services. 1.SEQ OL0_0 1. WRITTEN COMMUNICATION: 1. Letter from Hermosa Beach Youth Basketball League requesting City sponsorship in the amount of $100.00. Action: To approve the request. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Benz, (e) Reviczky, (i) Edgerton and (j) Bowler. 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. At 7:42 P.M. the order of the agenda was suspended to go to hearing item 6. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 10, 1998. Memorandum from City Clerk Elaine Doerfling dated November 17, 1998. Action: To approve the staff recommendation to receive and file the memorandum from City Clerk Doerfling that says that due to the extra work involved with accepting an initiative petition, the minutes of the Regular City Council Meeting of November 10, 1998, will not be available until the Regular Meeting of December 8, 1998. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15455 THROUGH 15580 AND TO APPROVE CANCELLATION OF CHECK NO. 15385 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting in order to question amounts paid for workers compensation. Action: To ratify the check register as presented. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. (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 OCTOBER, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the October, 1998, Financial Reports as presented. (e) RECOMMENDATION TO APPROPRIATE DONATIONS OF $600.00 FROM AUBREY ORGANICS AND $450.00 FROM RETAIL INTEGRATED PROMOTIONS TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE REPAIR AND MAINTENANCE OF THE BEACH VOLLEYBALL COURTS. Memorandum from Finance Director Viki Copeland dated November 16, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Community Resources Director Mary Rooney responded to Council questions. Action: To approve the staff recommendation to appropriate the following donations to the Community Resources Department to be used for the repair and maintenance of the beach volleyball court: Aubrey Organics (Karen Ress) - $ 600.00 Retail Integrated Promotions (RIP) - $ 450.00 Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 3, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 3, 1998. (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 17, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of November 17, 1998. (h) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CATCH BASIN DEVICES. Memorandum from Public Works Director Harold Williams dated November 17, 1998. Action: To approve the staff recommendation to: 1.Adopt Resolution No. 98-5941, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CATCH BASIN INSERT DEVICES."; and, 2.Authorize the expenditure of $19,500 as the 15 percent matching funds required under Proposition A. (i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF STORM WATER CDS CLARIFIER UNITS. Memorandum from Public Works Director Harold Williams dated November 18, 1998. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams responded to Council questions saying that this grant would pay for clarifier units at eleven locations. Action: To approve the staff recommendation to: 1.Adopt Resolution No. 98-5943, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CDS UNITS.", pertaining to the installation of Continuous Deflection Screened (CDS) Clarifier Units; and, 2.Authorize the expenditure of $19,500 as the 15% matching funds required under Proposition A. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (j) RECOMMENDATION TO RETAIN ASSOCIATED SOIL ENGINEERING, INC. TO PROVIDE PILE DRIVING MONITORING FOR THE NORTH PIER PARKING STRUCTURE IN THE AMOUNT OF $20,707.50. Memorandum from Public Works Director Harold Williams dated November 17, 1998. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Public Works Director Williams responded to Council questions, saying that the costs could be more or less than estimated depending upon the report from the soil engineer. Action: To approve the staff recommendation to: 1.Retain Associated Soil Engineering, Inc., of Long Beach, CA, to provide pile driving monitoring for the north pier parking structure in the amount of $20,707.50. 2.Authorize the Mayor to execute the agreement and the City Clerk to attest the professional service agreement subject to approval of the City Attorney. 3.Authorize the Director of Public Works to issue change orders as necessary within budget. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24787 FOR A 2-UNIT CONDO AT 1513 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1998. Action: To adopt Resolution No. 98-5942, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24787 FOR A 2-UNIT CONDO AT 1513 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (e), (i), and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 731 4TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 17, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 10:02 P.M. Coming forward to address the Council on this item was: Tom Englebach - 550 Rosecrans Avenue, Manhattan Beach, said that he wished to develop two townhouses, one for his residence and the other to sell; responded to council questions. The public hearing closed at 10:05 P.M. Action: To grant the zone change. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz. Further Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1187, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2." Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky NOES: Edgerton, Mayor Benz Final Action: To appoint Mayor Benz and Councilmember Reviczky as a sub-committee on upgrading and promoting the businesses on Pacific Coast Highway and to schedule a future Public Hearing to begin discussion on this subject. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. 5. TEXT AMENDMENT REGARDING ENCROACHMENT OF STAIRS TO FIRST AND SECOND FLOOR LEVELS INTO REQUIRED YARDS OF EXISTING NONCONFORMING STRUCTURES. Memorandum from Community Development Director Sol Blumenfeld dated November 17, 1998. Supplemental information and ordinance from Community Development Department received this evening. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 10:30 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:30 P.M. Action: To approve the staff recommendation to waive full reading and introduce supplemental Ordinance No. 98-1188, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED." Motion Edgerton, second Bowler. AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz HEARINGS 6. CHAMBER OF COMMERCE: FIESTA DE LAS ARTES ANNUAL REVIEW AND CONSIDERATION OF MOVING 1999 EVENT TO VALLEY DRIVE BETWEEN 8TH AND 18TH STREETS. Memorandum from City Manager Stephen Burrell dated November 18, 1998. Supplemental letters from residents of Seventh Street; Ron and Hilde Luxa of Valley Park Avenue; Lawrence O. Fordini of 19th Street; Tom Allard of the Eclectic Collector; Sharilyn Parr of Valley Park Avenue; Gary Valvo of 20th Street; Jim Pierce of Power Street; Jack and Jan Miller of 20th Street; Douglas G. Robbins and Beverley J. Stoughton of 18th Street; John Sabo and Family of Heronda Street; and Jim Tabille of Valley Drive, all in opposition. Supplemental information and map received November 24, 1998, from Carol Duff of the Chamber of Commerce and from Tony N. Todaro of Todaro Communication. Supplemental list of eight phone calls in opposition to the proposed move to Valley Drive. City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions. The hearing opened at 7:45 P.M. Coming forward to address the Council on this item were: Carol Duff - Chamber of Commerce, spoke of the newer plan to hold the Fiesta only south of Pier Avenue on Valley Drive and possibly only on the Memorial Day week-end; said that the Chamber might try to have an event on a later date in September in the downtown area; Mike Lacey - "Comedy and Magic Club", Hermosa Avenue, commended the Chamber of Commerce for trying a new location, but suggested that the Community Center lawn and parking areas be used instead of Valley Drive which would impact on the residential neighborhood; said that having the Fiestas in the downtown area caused him to lose business due to the crowds and lack of parking; Shirley Cassell - Hermosa Beach, said that three members of the Council were Chamber members; said that the people of Hermosa Beach had purchased the Greenbelt and the parks which would suffer if the Fiesta was allowed to be held on Valley Drive; questioned the costs of clean-up and asked where the many needed public toilets would be placed; Wayne Nagawa - 1109 Valley Drive, objected to the Fiesta on Valley Drive; said that his driveway would be impacted by the event and questioned if the Chamber would pay for him to vacation in Hawaii rather than be held captive in his home; Tiffany - "Granny Takes a Trip", said that the downtown businesses will be hurting without the fair; said that she had walked a petition and had collected 107 signatures from business owners who wanted the Fiesta in the downtown area and only ten owners had declined to sign the petition; submitted the petition; Earl Keegan - 572 18th Street, objected to the Fiesta on Valley Drive; said that it was a commercial use in a residential zone; (name indistinct) - 49 Pier Avenue, said that the business would be hurt if the Fiesta was moved up to Valley Drive, said that her business survived because the Fiesta was held downtown; Jerry Compton - 1723 Valley Park Avenue, opposed to any portion of Valley Drive used as the site of the Fiesta; said that the fiesta should be downtown with as little impact on the residential neighborhoods as possible; submitted petition with 30 names in opposition to the Fiesta on Valley Drive; Ron Luxa - 1808 Valley Park Avenue, spoke in opposition to moving the Fiesta to Valley Drive; Scott Bilowitz - Seymour Jewelers, 1212 Hermosa Avenue, spoke in favor of keeping the Fiesta downtown; said that it was good for business and that attendance would be lost if there was a break in the continuity of the events; Karen Botz - 592 20th Street, read a letter in opposition; Maureen Grames - 200 Pier Avenue, spoke in favor of keeping the Fiesta in the downtown; Bernie Friedman - 573 18th Street, spoke in opposition to moving the Fiesta to Valley Drive; Neil Waldhart - 625 Tenth Street, spoke in opposition to moving the Fiesta to Valley Drive; Bill Goblein - "Brewski" and Chamber Board, said that the Board had attempted to move the Fiesta because they thought people did not want it in the downtown; spoke in favor of keeping the Fiesta downtown; said that it was great for businesses in that area; and, asked that it continue on the Holiday week-ends; Bill Robb - "The Treasure Chest" on Pier Avenue, asked that the Fiesta be kept downtown as the downtown area needed the positive image of the fairs; Jackie Tagnafaro - 1824 Valley Park Avenue, asked that the Fiesta be kept downtown and made smaller; Clair Wood - "Mirage Salon", 1046 Hermosa Avenue, spoke in favor of keeping the Fiesta in the downtown area; said that her business received a lot of exposure and repeat business from the fair; submitted petition in favor of keeping the Fiesta downtown; Bill (last name indistinct) - "Just for Fun", said that he walked a petition in the business area and that the businesses and residents agree that they want the Fiesta in the downtown area; Brian Bergman - "Hennessey's Tavern" and Chamber Board, said that the Fiesta was great for business and that it should stay downtown the way it has been; Don Saloncruz - "Hill Counter", spoke in favor of having the fair downtown; Jay Russell - 1042 Bayview Drive, said that he compared the Fiesta to a giant swap meet; Sandy Orbach - 1134 Hermosa Avenue, wanted the Fiesta downtown; Rick Hankus - "Java Man Café" and Chamber Board, said that the Chamber would have liked to have had this type of backing for the Fiesta when there was so much criticism of holding the fair in the downtown area; said that the Chamber incurred a lot of expense putting on the Fiesta for staging, security, transportation, clean-up, entertainment and other items; said that they needed the commercial sites to pay for this overhead; said that 35 percent of the vendors were Hermosa Beach businesses; Gary Weyland - said that he had worked both the Manhattan Beach Hometown Fair and the Fiesta; said the community needed to volunteer to help with the fair rather than just criticize; Susan Blaco - Seventh Street, said that she volunteered to work during the fair as it afforded a chance to meet with friends that she hadn't seen for a while; said that many residents do come to the fair; and, Peter Ellis - 1037 Sunset Drive, said that the City needed people to support the businesses. The hearing closed at 8:53 P.M. Action: To determine that the Fiestas will not take place on Valley Drive, but will be scaled back and held in the downtown area, and to appoint a sub-committee consisting of Councilmembers Oakes and Edgerton to work with the Chamber to try to increase community involvement and secure more art and craft vendors. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. The meeting recessed at 9:23 P.M. with sign-up sheets for those wishing to assist with the Fiestas being passed through the audience. The meeting reconvened at 9:47 and went to item #4, the start of the public hearings. 7. SPEED ZONE RECOMMENDATIONS FOR PORTIONS OF GOULD AVENUE AND VALLEY DRIVE. Memorandum from Public Works Director Harold Williams dated November 16, 1998. Supplemental letter and information received November 24, 1998, from Douglas G. Robbins and Beverley J. Stoughton, 576 18th Street, in opposition to increasing the speed limit on Valley Drive. Public Works Director Williams presented the staff report and responded to Council questions. Police Chief Val Straser also responded to Council questions saying that this might preclude using radar on these sections of roadways but it did not preclude speed limit enforcement. The hearing opened at 10:45 P.M. Coming forward to address the Council on this item were: Jack Miller - 20th Street, said he would like to see the speed limit kept at 25 miles per hour and added that cars traveling south were usually the speeders; Jim White - Valley Drive and 19th Street, said that it was very hard to get out of his driveway; stated that there was much faster traffic now and more heavy construction trucks using Valley Drive; and, Bill Grau - (no address given), said that speed enforcement has been used longer and was needed more than radar; and, said that the residential speed limit was usually 25 miles per hour. The hearing closed at 10:50 P.M. Action: To approve the following: 1. Retain the existing speed limit of 25 miles per hour (MPH) on Gould Avenue from Pacific Coast Highway to Ardmore Avenue; and, 2. Retain the existing speed limit of 25 MPH on Valley Drive between Gould Avenue and Pier Avenue. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. Final Action: To direct staff to place more 25-MPH signs for southbound traffic on Valley Drive. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. MUNICIPAL MATTERS: None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) REPORT FROM CITY ATTORNEY REGARDING UTILITY USERS TAX. Supplemental memorandum from City Attorney Michael Jenkins received November 24, 1998. City Attorney Jenkins spoke to his memorandum and responded to Council questions saying that there were erroneous statements made by Donley Falkenstien as the collection of these taxes was not illegal and there was no requirement to try to provide refunds for payments collected. Action: The report was received and filed by consensus of the Council. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 10. OTHER MATTERS - CITY COUNCIL: None CITIZEN COMMENTS No one came forward at this time to address the Council. ADJOURNMENT: The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 24, 1998, at the hour of 11:30 P.M. to the Regular Meeting of Tuesday, December 8, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 8, 1998, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Jay Russell ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz announced and expressed his sadness over the death of Frank Boccato Sunday, December 6, 1998. He said Mr. Boccato had a tremendous impact on the city, not only because of his store but because he was extremely hard working and cared so much about people and the community. He recalled his own grandfather once telling him that the worst thing about growing old was seeing friends go. Councilmember Oakes said people who knew Mr. Boccato were aware of his generosity and his willingness to help others. Councilmember Edgerton said Mr. Boccato was a very special person who would be missed by all who knew him. Action: To adjourn tonight's meeting in memory of Frank Boccato. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. Mayor Benz announced the menorah lighting to mark the start of Hanukkah at 4:00 P.M. Sunday, December 13, 1998, at Greenwood Park. He then announced the tree lighting at 6:00 P.M. Thursday, December 10, 1998, at Pier Plaza, noting that the event would feature singing and a visit by Santa Claus. Councilmember Reviczky reminded everyone about the annual Beach Cities' toy drive, noting that 10 new bicycles had been donated. He encouraged donors to bring new, unwrapped toys to the Fire Station, and said the gift-wrapping would take place at noon, Saturday, December 19, 1998, at the Clark Building. Mayor Oakes announced the recent marriage of Mayor Benz and Patricia Spiritus and extended congratulations to them both. CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 10, 1998: No reportable actions. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jay Russell - 1042 Bayview Drive, questioned the claim made at the last meeting by several downtown businesses that they needed the two annual fiestas to survive; said the success of Boccato's small market was due to the hard work of the owner; said the fiestas offered no real benefit to the community and requested that the Council consider other alternatives; Jamie Seibert - 2135 Circle Drive, expressed concern about three current construction projects on her street; cited significant impacts caused by the heavy equipment, such as that used to compact the earth, which she said vibrates the ground like an earthquake and has caused the plaster in her home to crack; asked if there was anything the City could do; and Al Bowman - 615 Seventh Street, submitted programs from a recent Los Angeles Music Awards event, noting Mayor Benz's name under the special achievement award category; asked Mayor Benz to change his mind on the Learned project. (b) COUNCIL COMMENTS: Mayor Benz asked if anything could be done to alleviate the concerns expressed by Ms. Seibert. City Attorney Jenkins suggested the Building Department could facilitate some communication with the contractor and the property owner to see if perhaps they could work something out. City Manager Burrell agreed with that suggestion. 1.SEQ OL0_0 1. WRITTEN COMMUNICATION (a) Letter from Jaquelynn Pope dated December 2, 1998 requesting City Council determination of Public Convenience or Necessity for TJ Charly'z at 1332 Hermosa Avenue. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item was: Jaquelynn Pope - attorney representing the business owners, Steve and Sharon Dahdah, spoke to the request for a Council determination that the issuance of an Alcohol Beverage Control (ABC) general liquor license would serve the public convenience or necessity; noted the applicants had a beer and wine license at the site for many years while operating the Strawberry Patch restaurant, which served Middle Eastern food; said after the applicants obtained an interim type 47 license, they changed the restaurant to TJ Charly'z, which serves Baja-type Mexican food; cited an increase in business. Action: To direct staff to prepare a letter declaring the Council's determination that the issuance by the ABC of a liquor license to Dahdah Trading Corporation for TJ Charly'z would serve the public convenience or necessity. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 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: (e) Reviczky, (f) Edgerton, (i) Reviczky, (l) Bowler, and (m) Edgerton. Motion Bowler, 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. At 7:45 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER 10, 1998. Action: To approve the minutes of the Regular Meeting of November 10, 1998, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS.15581 THROUGH 15651 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 DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 24, 1998. Claimant: Reynolds, Bobby Date of Loss: 5/24/98 Date Filed: 11/16/98 Action: To deny the claim filed by Bobby Reynolds and refer it to the City's Liability Claim Administrator, as recommended by staff. (e) RECOMMENDATION TO APPROPRIATE DONATIONS OF $250.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH AND $350.00 FROM THE HERMOSA BEACH ROTARY CLUB. Memorandum from Finance Director Viki Copeland dated November 30, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To appropriate the donations of $250 from the Woman's Club of Hermosa Beach for repair and maintenance of the Veterans' Memorial at the Community Center and $350 from the Hermosa Beach Rotary Club for the puppet show at the Halloween Howl activity held at the Clark Building October 30, 1998, as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ACCEPT THE WORK BY TAYLOR TENNIS COURTS, ANAHEIM, ON CIP PROJECT NO. 98-527, BASKETBALL & TENNIS COURT RESURFACING, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR AND APPROPRIATE $837.00 FROM THE PARK & RECREATION TAX FUND (125) TO CIP PROJECT NO. 98-527, BASKETBALL & TENNIS COURT RESURFACING. Memorandum from Public Works Director Harold Williams dated November 30, 1998. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: 1.accept the work by Taylor Tennis Courts, Anaheim, on CIP Project No. 98-527, Basketball and Tennis Court Resurfacing, and authorize final payment to the contractor (10 percent retained for 35 days following filing of Certificate of Completion); and 2.appropriate $837.00 from the Park and Recreation Tax Fund (125) to CIP Project No. 98-527, Basketball and Tennis Court Resurfacing. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (g) RECOMMENDATION TO APPROVE AMENDMENT OF SECTION 457 DEFERRED COMPENSATION PLANS BY ADOPTING THE AMENDED AND RESTATED PLAN DOCUMENT WITH HARTFORD; ADOPTING RESOLUTION AMENDING THE ICMA PLAN; ADOPTING AMENDMENT #1 TO PEBSCO PLAN DOCUMENT; AND, APPROVING AND EXECUTING THE ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION WITH PEBSCO. Memorandum from Finance Director Viki Copeland dated December 1, 1998. Supplemental resolutions submitted December 8, 1998. Action: To approve the staff recommendation to: 1.adopt Resolution No. 98-5944, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFOIRNIA, AMENDING AND RESTATING THE DEFERRED COMPENSATION PLAN WITH HARTFORD"; and, 2.adopt Resolution No. 98-5945, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ICMA DEFERRED COMPENSATION PLAN"; and, 3.adopt Resolution No. 98-5946, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO PEBSCO PLAN DOCUMENT"; and, 4.adopt Resolution No. 98-5947, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND EXECUTING THE ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION WITH PEBSCO. " (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24920 FOR A 2-UNIT CONDOMINIUM AT 844-846 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5948, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 24920 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 844 - 846 15TH STREET, HERMOSA BEACH, CALIFORNIA. " (i) RECOMMENDATION TO APPROVE $16,650 TO GILLIS & ASSOCIATES FOR ADDITIONAL DESIGN WORK ON THE COUNCIL CHAMBERS FOR THE CITY HALL RENOVATION (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated December 3, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting with regard to the architect's fee for the additional work. City Manager Burrell responded to Council questions Action: To continue the item to the next meeting of January 12, 1999 in order to obtain more detailed information from the architect pertaining to cost. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA), ADDING THE CITY OF CHINO TO THE ICRMA POOL, AND RE-DESIGNATING THE GOVERNING BOARD REPRESENTATIVE, ALTERNATE GOVERNING BOARD REPRESENTATIVE AND SUBSTITUTE ALTERNATE REPRESENTATIVE. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 3, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5949, entitled, "A RESOLUTION OF THE HERMOSA BEACH CITY COUNCIL APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES; APPROVING THE ADMITTANCE OF THE CITY OF CHINO TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY; AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND THE SEPARATE RISK MANAGEMENT PROGRAMS." (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 3, 1998. Supplemental minutes received December 7, 1998. Action: To receive and file the action minutes from the Planning Commission meeting of December 3, 1998. (l) RECOMMENDATION TO APPROVE PAYMENT OF $9,950.00 TO AAE CONSULTANTS FOR CONTRACT ADMINISTRATION/INSPECTION SERVICES RENDERED IN ASSOCIATION WITH THE GREENBELT IMPROVEMENT PROJECT. Memorandum from Public Works Director Harold Williams dated December 2, 1998. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting regarding the additional cost. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, noting that he would provide Council with a report of all work done. Action: To approve the payment of $9,950.00 to AAE Consultants for contract administration/inspection services rendered in association with the Greenbelt Improvement Project, as recommended by staff. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. 1. (m) RECOMMENDATION TO ADOPT RESOLUTION MEMORIALIZING FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT. Memorandum from City Manager Stephen Burrell dated December 3, 1998. Supplemental resolution received December 8, 1998. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. At 9:50 P.M., prior to the start of this item, both Mayor Benz and Councilmember Reviczky stepped down from the dais and left the room due to potential conflicts of interest. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5950, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH MEMORIALIZING ITS FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT." Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Reviczky and Mayor Benz. 2. CONSENT ORDINANCES a. ORDINANCE NO. 98-1187 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998. Action: To waive full reading and adopt Ordinance No. 98-1187. Motion Bowler, second Edgerton. AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None b. ORDINANCE NO. 98-1188 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998. Action: To waive full reading and adopt Ordinance No. 98-1188. Motion Bowler, second Reviczky. AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (f), (i), (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 4. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE, WITH CONDITIONS, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO-UNIT CONDOMINIUM AT 228-230 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:00 P.M. Coming forward to address the Council on this item were: Cheryl Vargo - representing the applicants, said the reason for the appeal was that the additional conditions imposed by the Planning Commission would require a complete redesign of the project; agreed to comply with the condition requiring enhancement of the north elevation with more articulation, but requested deletion of the other three; and Asenka Nitzow - applicant, objected to the condition requiring additional on-site parking to make up for the on-street parking that the curb cut would eliminate; said the site, previously had a house with a curb cut leading to a garage. The public hearing closed at 8:29 P.M. Action: To sustain the Planning Commission's approval of the project subject to all imposed conditions except the one requiring the elimination of the roof tower from the rear unit. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Bowler and Mayor Benz. Coming forward to address the Council at this time was: Cheryl Vargo - asked the Council to reconsider its decision and instead refer the matter back to the Planning Commission. Further Action: To reconsider the above motion. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Final Action: To refer the matter back to the Planning Commission with the Council findings that they favored sustaining the Commission's action except for the roof tower condition. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. The meeting recessed at 9:03 P.M. The meeting reconvened at 9:22 P.M. 5. ADOPTION OF THE 1997 UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 1998. Action: To postpone the hearing to a future date to be determined, as recommended by staff. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 9:23 P.M., the order of the agenda returned to item 2. MUNICIPAL MATTERS - None 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Edgerton that Staff/ Councilmembers be directed to attend Coastal Commission meeting in January and communicate the City's position on the "loop" pattern and proposed LAX expansion. Councilmember Edgerton spoke to his request, stressed the importance of attending the meeting, and suggested a letter from the City as well. City Manager Burrell responded to Council questions, saying the meeting would take place the second week in January at the Radisson Hotel on Century Boulevard near LAX. Action: To direct that all Councilmembers who can attend should attend the Coastal Commission meeting, and to have staff draft a letter setting forth the City's view that City representatives should be heard at the meeting. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. CITIZEN COMMENTS - None The Councilmembers then sang "The Christmas Song" and wished everyone a happy holiday. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on November 10, 1998. 2. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 8, 1998, at the hour of 10:00 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:05 P.M. At the hour of 10:20 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 8, 1998, at the hour of 10:21 P.M. to the Regular Meeting of Tuesday, December 22, 1998, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 22, 1998, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, December 22, 1998, at the hour of 7:11 P.M., to the Regular Meeting of Tuesday, January 12, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 12, 1999, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Mayor Mike Gordon, El Segundo ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz wished a Happy New Year to all. Councilmember Reviczky reported that 1998 was the best year ever for the Beach Cities Toy Drive and thanked the community and all of the people who donated toys and helped in wrapping them. Mr. Reviczky recounted distributing one of the toy loads and said that it was among the most rewarding things that he could remember doing. He then read from letters received from two of the organizations to whom toys were given for distribution: Hope Chapel and Good Shepherd Shelter. Councilmember Reviczky commended the Police Department for its ten-second response time to a robbery at Union Bank in Ralph's Grocery, 1100 Pacific Coast Highway, on December 7, 1998. Mr. Reviczky said that three of the suspects in the robbery had been apprehended by Sergeant Bohlin, motorcycle officer, on the motorcycle donated by the Woman's Club of Hermosa Beach and again thanked the Woman's Club for its generosity contributing to the safety of the citizens. Doris Nicholson, representing the Kenny Nicholson foundation, came forward to present a collage of some of the children receiving toys from the Toy Drive. Ms. Nicholson thanked the City, the Fire Department and the community for the generosity shown this year and in the past. PROCLAMATIONS/PRESENTATIONS: PRESENTATION FROM MIKE GORDON, MAYOR OF EL SEGUNDO, TO ADOPT THEIR RESOLUTION REGARDING A REGIONAL APPROACH TO EXPANSION OF LAX. Mike Gordon, Mayor of El Segundo, made a presentation to the Council regarding the need for a regional airport plan for the Southern California area, rather than the extraordinary expansion planned for Los Angeles International Airport (LAX). Mr. Gordon presented information to show that there were eleven other airports within the area that could be utilized, many within the areas of highest projected growth for both population and jobs, for expansion to absorb the need for additional expansion at LAX. Mayor Gordon said that the City of El Segundo had appropriated 1.2 million dollars to fight the expansion of LAX and introduced the City's consultant, Dennis Zane, whose firm was working to produce information on the regional airport plan. He asked the Council to support the fight against the projected doubling of the size of LAX in the coming years. Action: To adopt Resolution No. 99-5951, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A RESOLUTION CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA." Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. El Segundo Mayor Pro Tempore Sandra Jacobs thanked the Council for running the parking shuttle late at night as her daughter works at Hennessey's and can utilize the shuttle rather than being on the streets after work. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Roger Bacon - 1100 Pacific Coast Highway, requested that the Council approve a "Surfer's Walk of Fame" that would memorialize the pioneering surfing giants of our area; asked that banners be allowed across Pacific Coast Highway to raise funds for bronze surfboards (gestured with his hands held two feet apart) that could be embedded with historic surfer's names; John Joseph - spoke of the necessity for this type of surfing Walk of Fame to inspire the young surfers of today; said that hundreds of people with whom he had talked all approved; and, Abel Yberra - Aloha Days founder, said that Hermosa Beach was the surfing capital of the world in the 1960s and 1970s and this would give Hermosa the recognition that it deserves. Action: To agendize this item and direct that it come back for the meeting of January 26, 1999, with drawings and schematics. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (b) COUNCIL COMMENTS: None 1.SEQ OL0_0 1. WRITTEN COMMUNICATION: 1) Letter from Danny Farshadfar dated December 10, 1998, regarding street closure to westbound traffic on 6th Street, 110 feet west of Pacific Coast Highway, having an adverse effect on business. City Manager Stephen Burrell said that this item was scheduled to come back in March for City Council evaluation. Action: To receive and file the letter and attached petition. Motion Mayor Benz, second Edgerton. The motion carried, noting the abstention of Reviczky. 2) Letter from John Hales dated December 13, 1998, regarding Mayor Benz' statements to the Daily Breeze on December 13, 1998. Coming forward to address the Council on this item was: John Hales - 642 Eighth Place, spoke to his letter; disagreed with Mayor Benz regarding the propriety of the statements made by Mr. Benz. Action: To receive and file the letter. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (h) Edgerton. 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. At 8:16 P.M. the order of the agenda was suspended to go to the hearing, item 4. 1.(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 2.Minutes of the Regular meeting held on November 24, 1998; and, 3.Minutes of the Regular meeting held on December 8, 1998; and, 4.Minutes of the Regular meeting held on December 22, 1998. Action: To approve the minutes of the, Regular meeting held on November 24, 1998, the minutes of the Regular meeting held on December 8, 1998, and the minutes of the Regular meeting held on December 22, 1998 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15652 THROUGH 16054 INCLUSIVE, NOTING VOID CHECK NO. 15859, AND TO APPROVE CANCELLATION OF CHECK NO.15627 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 NOVEMBER, 1998, FINANCIAL REPORTS: 1.Revenue and expenditure report; 2.City Treasurer's report; and, 3.Investment report. Action: To receive and file the November, 1998, Financial Reports as presented. 1.(e) RECOMMENDATION TO APPROPRIATE $5000.00 DONATION FROM ANHEUSER-BUSCH, INC. TO BE USED FOR THE HERMOSA BEACH NEW YEAR'S EVE CELEBRATION AND APPROPRIATE $150.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR PARTICIPANT PRIZES FOR THE SAND SNOWMAN CONTEST. Memorandum from Finance Director Viki Copeland dated December 30, 1998. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To approve the staff recommendation to accept the following donations given to the Community Resources department: The Woman's Club of Hermosa Beach - $150.00 to be used for participant prizes for the Sand Snowman contest; and, Anheuser-Busch, Inc. - $5,000.00 to be used for the Hermosa Beach New Year's Eve celebration of 1999. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO DENY CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR AND NOTICE OF CLOSED/ RESOLVED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 4, 1999 Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claim Administrator: Claimant: Prichard, Jeanette F. Date of Loss: 07/10/98 Date Filed: 12/23/98 Allegation: Claimant alleges trip and fall on city sidewalk caused personal injury. And, noting that the City has resolved the following claim within the authority previously provided by the City Council Claimant: Boyd, Kit Date of Loss: 05/27/97 Date Filed: 11/24/97 Disposition: Case settled with award of $62,500. 1.(g) RECOMMENDATION TO APPROVE $16,650 TO GILLIS & ASSOCIATES FOR ADDITIONAL DESIGN WORK REQUIRED IN THE COUNCIL CHAMBERS ON CIP 95-622. Memorandum from Fire Chief Pete Bonano dated December 17, 1998. Action: To approve the staff recommendation to approve $16,650 to Gillis & Associates for additional design work required in the Council Chamber remodel on CIP 95-622. (h) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR MONTEREY BLVD. STREET IMPROVEMENTS (CIP NO. 98-142) Memorandum from Public Works Director Harold Williams dated January 4, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions saying the construction would be from Pier Avenue north to 19th Street. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1.Award Monterey Boulevard Improvements Contract to Sully Miller Contracting Company of Anaheim, California in the amount of $163,775; 2.Authorize the transfer of $80,277 from the Sewer Fund portion of this project to the Capital Improvement Fund to complete street improvement portion of this project; 3.Authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval of the City Attorney; 4.Direct the City Clerk to reject all other bids and release all bid bonds after award by the City Council; and, 5.Authorize the Director of Public Works to issue change orders as necessary within budget. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM PARKS AND RECREATION AND COMMUNITY RESOURCES ADVISORY COMMITTEE MEETING OF DECEMBER 1, 1998. Memorandum from Community Resources Director Mary Rooney dated December 1, 1998. Action: To approve the staff recommendation to receive and file action minutes from Parks and Recreation and Community Resources Advisory Committee meeting of December 1, 1998. (j) RECOMMENDATION FOR COUNCIL TO WAIVE PARKING FEES AND TIME LIMITS FOR THE METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE) DURING THE SAND AND STRAND PARKING RUN ON SUNDAY, FEBRUARY 14, 1999. Memorandum from Community Resources Director Mary Rooney dated December 17, 1998. Action: To approve the staff recommendation to waive parking fees and time limits for the meters 1.along Pier Avenue (from Manhattan Avenue to Hermosa Avenue); 2.Hermosa Avenue between 8th and 16th Streets; and, 3.13th Street west of Hermosa Avenue (if available due to parking lot construction), during the Sand and Strand Run on Sunday, February 14, 1999, from 7:00 A.M. until 1:00 P.M. (k) RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH EXPIRE DURING THE 1999 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated December 30, 1998. Action: To approve the staff recommendation to receive and file the list, prepared and posted by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 1999 calendar year. 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 - None HEARING 1.4. TURN RESTRICTIONS ON HERONDO/MONTEREY. Memorandum from Public Works Director Harold Williams dated January 4, 1999. Public Works Director Williams presented the staff report and responded to Council questions saying that the retention of the turn restrictions was approved by both the Traffic Engineer and the Chief of Police. City Manager Burrell also responded to Council Questions. The hearing opened at 8:22 P.M. As no one came forward to address the Council on this item, the hearing closed at 8:22 P.M. Action: To approve the staff recommendation to retain the existing turn restrictions at the Monterey Boulevard and Herondo Street intersection. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. Final Action: To direct staff to return on a future agenda with a public hearing item regarding the issues involved with the possibility of re-opening of Valley Drive to two-way traffic. Motion Bowler, second Edgerton. The motion carried, noting the dissenting vote of Reviczky. At the hour of 8:35 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS 1.5. RECOMMENDATION FOR THE CITY COUNCIL TO INTRODUCE AND WAIVE FULL READING OF ORDINANCE NO. 99-1189 AMENDING EXHIBIT "A" OF ORDINANCE NO. 88-932, REGARDING FIRE FLOW FEE. Memorandum from Fire Chief Pete Bonano dated December 15, 1998. Fire Chief Bonano presented the staff report and responded to Council questions. Action: To waive full reading and introduce Ordinance No. 99-1189, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES.", that amends Exhibit "A" of Ordinance No. 88-932, by deleting the current item 5 and replacing with the following: "5. FIRE ADMINISTRATIVE OFFICES; FIRE STATIONS; FIRE TRAINING FACILITIES; FIRE COMMUNICATION CENTERS; AND FIRE MAINTENANCE CENTERS." Motion Reviczky, second Bowler. AYES: Bowler, Edgerton, Oakes, Reviczky, NOES: Mayor Benz The meeting recessed at the hour of 9:00 P.M. The meeting reconvened at the hour of 9:22 P.M., noting the absence of Councilmembers Edgerton and Reviczky, both of whom refrained from returning due to a potential conflict of interest on item 6. 6. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA MOTEL. Memorandum from City Clerk Elaine Doerfling dated January 4, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Proposed Action: To approve alternative number 2: to immediately order a Special Election, to be held not less than 88 or more than 103 days after the date of the order, at which the ordinance, without alteration, shall be submitted to a vote of the people. Motion Bowler. The motion died due to the lack of a second. Coming forward to address the Council on this item was: Kurt Nelson - JCC Homes, proponent of the initiative, requested an opinion from the City Attorney regarding the Council options; said that he hoped the election could be called as soon as possible. City Attorney Michael Jenkins responded that the options presented by the City Clerk were correct, that if the date for a Special Election would fall within 180 days of a Regular Election then the Special Election could be consolidated with the Regular Election. Action: To approve alternative number 3: to order a report, pursuant to Section 9212, to be returned to Council on the regular meeting of February 9, 1999, within the allowable 30 days, to ascertain: 1.if the proposed ballot measure is consistent with the project ultimately voted on by the City Council at its May 28, 1998, meeting and, if there are any differences, to identify what those differences might be and their significance; and, 2.the fiscal impact of other commercial development on the Mar Vista site, specifically a hotel or motel, as opposed to the proposed reconfigured residential development. Motion Mayor Benz, second Oakes. The motion carried, noting the dissenting vote of Bowler. Councilmembers Edgerton and Reviczky returned to the dais at the hour of 9:45 P.M. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER RECOMMENDATION TO DIRECT CITY MANAGER TO EXPRESS CONCERN ABOUT MANDATORY SOCIAL SECURITY AND THE BURDEN IT WILL PLACE ON GENERAL FUNDS OF THE CITY. Memorandum from City Manager Stephen Burrell dated December 28, 1998. City Manager Burrell presented the staff report and responded to Council questions. Motion: To direct the City Manager to write a letter to express the Council's concern about the mandatory Social Security requirement and the possible $750,000 burden it could place upon the City. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 9. OTHER MATTERS - CITY COUNCIL: Requests from Council members for possible future agenda items: Councilmember Oakes asked for a method to provide better quality control over Public Works projects, citing unsightly construction on the Greenbelt. Councilmember Reviczky asked that some type of curb be installed on Valley Drive, where the Farmer's Market is located, to protect the new sprinklers on the Greenbelt from damage. Councilmember Edgerton said that it had been a great New Year's Eve and thanked Mary Rooney for her work. CITIZEN COMMENTS: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Pursuant to Government Code Section 54956.9(b). 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957.8. Title: City Manager ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 12, 1999, at the hour of 10:00 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:05 P.M. At the hour of 10:25 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS: By a unanimous vote of the Council, the City Attorney was directed to initiate litigation pursuant to government Code Section 54956.9(c). ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 12, 1999, at the hour of 10:25 P.M. to the Regular Meeting of Tuesday, January 26, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 26, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Reviczky requested that tonight's meeting be adjourned in memory of Glenn Davis, long-time Hermosa Beach resident. Action: To approve the adjournment of the meeting in memory of Glen Davis. Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. Councilmember Reviczky read a letter from the Northridge Medical Center thanking everyone for the toys that were donated for the holidays. Councilmember Edgerton commented on a story in the Los Angeles Times citing Hermosa Beach for being in the top ten cities in the percentage of gain for residential sales prices at 19 percent. Councilmember Edgerton raised an issue with parking tickets given for an expired meter then shortly afterwards ticketed again for the car being over the maximum allowable time. Action: To direct staff to draft a report and set an agenda item to discuss the issue of double ticketing. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. PROCLAMATIONS/PRESENTATIONS: None PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Joanne Edgerton - representing the Hermosa Beach Education Foundation, spoke on the organization's upcoming fundraiser at Pointe 705 on Saturday, February 6, 1999, from 5:00 P.M. until 10:00 P.M. for $95 per person and urged everyone to support the non-profit group by buying tickets. (b) COUNCIL COMMENTS: None (c) 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: (f) Reviczky, (h) Edgerton, (i) Edgerton, (j) Reviczky, (k) Edgerton, (l) Edgerton and (m) Edgerton. Motion Bowler, 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 January 12, 1999. Action: To approve the minutes of the Regular Meeting of January 12, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16055 THROUGH 16149, NOTING VOID CHECK NOS. 16059, 16082, 16107 AND 16126, AND TO APPROVE CANCELLATION OF CHECK NOS. 15397, 15587, 15591, 15943, 16033, 15991, 15911, 15981 AND 16010 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 DECEMBER, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the December, 1999, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE CUP AND PDP FOR AN 80 UNIT SENIOR HOUSING FACILITY AT 1837 PACIFIC COAST HIGHWAY AND REVISION TO THE NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 1998. Action: To approve the staff recommendation to: 1.adopt Resolution No. 99-5952, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR AN EIGHTY (80) UNIT ASSISTED LIVING SENIOR HOUSING FACILITY, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1837 PACIFIC COAST HIGHWAY."; and, 2.approve the Negative Declaration, as revised to remove the mitigation measure prohibiting parking on P.C.H. (f) RECOMMENDATION TO DIRECT STAFF TO PUBLISH THE RESULTS OF THE NEW CLASS 4 INSURANCE SERVICE OFFICE (ISO) CLASSIFICATION. Memorandum from Fire Chief Pete Bonano dated January 19, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order for the community to be apprised of the possible reduction to the cost of fire insurance due to the new ISO Class 4 classification for the City. Fire Chief Bonano responded to Council questions. Action: To approve the staff recommendation to direct staff to publish the results of the new Class 4 ISO Classification that may allow commercial and residential fire rate reductions. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (g) RECOMMENDATION TO AWARD CONTRACT FOR SKATE TRACK CONSTRUCTION TO ASAN CONSTRUCTION (CIP 97-525) AND AWARD CONTRACT FOR TENNIS COURT CONSTRUCTION AND PARKING LOT IMPROVEMENTS AND LANDSCAPING (ARDMORE WALL) TO PIMA CORP. DBA ADVANCED CONSTRUCTION (CIP 98-526). Memorandum from Public Works Director Harold Williams dated January 14, 1999. Action: To approve the staff recommendation to: 1.award the contract for Skate Track construction to Asan Construction based on lowest bid price of $104,800; 2.award the contract for: (a) tennis Court construction; (b) parking lot improvements; and, (c) landscaping (Ardmore wall) to Pima Corporation dba Advanced Construction based on lowest bid price of $347,000; 3.appropriate $1,880 to CIP 97-525 (Skate Track) and $206,837 to CIP 97-526 (Tennis Courts) from the 4% UUT Fund to provide the total funding required for the projects; 4.direct the City Clerk to release all other bid bonds; and, 5.authorize the Director of Public Works/City Engineer to issue change orders as necessary within the project budgets. (h) RECOMMENDATION THAT THE CITY OF HERMOSA BEACH MAINTAIN ITS EXISTING RADIO MAINTENANCE CONTRACT WITH ADVANCED ELECTRONICS OF GARDENA. Memorandum from Police Chief Val Straser dated January 20, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Police Chief Straser presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Steve Henderson - representing Radio Wave, said that his company had a big facility overall and had increased its technicians from four to seven. Action: To approve the staff recommendation to maintain the existing radio maintenance contract with Advanced Electronics of Gardena, California, at an annual cost of $24,718.00. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz. (i) MEMO FROM COMMUNITY RESOURCES REGARDING ST. PATRICK'S DAY PARADE. Memorandum from Community Resources Director Mary Rooney dated January 11, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Travers Devine - Co-chairperson for the Parade, spoke to the event now in its fifth year, said that the route would be the same as last year and that there would be more entrants this year including a representative from Ireland, the County Manager from County Tipperary. Action: To approve the staff recommendation to approve: 1.the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their Saint Patrick's Day Parade and Festival on Saturday, March 13, 1999; 2.the event contract and street closures as requested; and, 3.fee waiver/funding requests as follows: (a) $5,000 allocation from the Downtown Enhancement Fund for Parade expenses (it is currently listed in the FY 98-99 budget); (b) $2,000 from Proposition A Transportation Funds for shuttle bus service; (c) waiver of: parking fees, banner fees, and amplification permit fees; and, (d) billing for Police, Fire and Public Works services at actual hourly cost (remove administrative overhead charges.) Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO CITY COUNCIL TO ACCEPT THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE VETTER WINDMILL DONATION ACCOUNT: $250.00 FROM RO-AL, INC./PATRICK MALLOY'S; $150.00 FROM STONEPOINT, INC.; $200.00 FROM ROBERT'S LIQUOR STORE AND $1,000.00 FROM LEARNED LUMBER COMPANY. Memorandum from Finance Director Viki Copeland dated January 12, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To approve the staff recommendation to accept the following donations: Ro-Al, Inc./Patrick Malloy's - $ 250.00 for the New Year's Eve Celebration; Stonepoint, Inc. - $ 150.00 for the CBVA tournament; Robert's Liquor Store - $200.00 00 for the New Year's Eve Celebration; and, Learned Lumber Company - $1,000.00 for the Vetter Windmill restoration fund. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO ADOPT RESOLUTION OF THE ANNUAL STATEMENT OF INVESTMENT POLICY. Memorandum from City Treasurer John Workman dated January 20, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Coming forward to address the Council on this item was: John Workman - City Treasurer, spoke to his resolution, stressed the conservative nature of the City's investment policy and responded to Council questions. Viki Copeland - Finance Director, responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 99-5953, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1999.", as amended on: 1.page one, line 18, delete the words "highest ... possible" and substitute "...favorable interest yields..."; 2.page one, line 21, insert "It does not buy stocks or derivatives, it does not..."; and, 3.page two, line 25, insert "...submit current, annual, certified statements..." Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. Final Action: To direct staff to analyze the bank fees charged to the city and report back to Council. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICE AGREEMENT CIP 97-525 & 98-526 FOR SKATE TRACK AND TENNIS COURT PROJECT TO CONSTRUCTION MANAGEMENT SERVICES. Memorandum from Public Works Director Harold Williams dated January 19, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions saying that it should take 90 days to complete the skateboard project so the Council could expect an opening by the early part of June. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1.Approve the agreement between the City and DMR Team, Inc., for construction management services for Project No. CIP 97-525 & CIP 98-526 (Skate Track and Tennis Courts) in the amount of $21,998; and 2.Appropriate $24,198 from the 4% UUT Fund to Project No. CIP #97-525 and CIP #98-526, Community Center Skate Track and Tennis Courts; and 3.Authorize the Mayor to execute and the City Clerk to attest the contract agreement, upon approval as to form by the City Attorney. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Final Action: To direct staff to return during budget consideration with information on the possible cost savings (if any) of a full time staff person for the position of construction management. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (m) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 19, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of January 19, 1999. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES (a) ORDINANCE No. 99-1189 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 20, 1999. Action: To waive full reading and adopt Ordinance No. 99-1189 as amended to include an additional finding of "H. The City Council finds that this ordinance does not establish a new fee or increase any existing fee.", and to correct items D and E by consolidation into item D and re-lettering the rest of the items. Motion Reviczky, second Oakes. AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (h), (i), (j), (k), (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 MUNICIPAL MATTERS 4. 1997-98 COMPREHENSIVE ANNUAL FINANCIAL REPORT (INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum from Finance Director Viki Copeland dated January 13, 1999. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 8:45 P.M. Coming forward to address the council on this item were: Gary Caporicci - Caporicci and Larson, City's independent auditors, said that the City had been given an unqualified rating, the highest given in an audit; said that the average reserve balance for cities was 14 percent (with some as low as three percent) while Hermosa Beach had 17 percent; and spoke of a new reporting model and year 2000 compliance. Public participation closed at 8:55 P.M. Action: To approve the staff recommendation to: 1.receive and file the 1997-98 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, the City's independent auditors; and, 2.amend the current policy on transferring General Fund surplus to divide any surplus between the Equipment Replacement Fund (ERF), Insurance Fund and Capital Improvement Fund. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:57 P.M. The meeting reconvened at the hour of 9:30 P.M. and suspended the order of the agenda to go to item 8. 5. ARCHITECTURAL RESOURCES SURVEY SEISMIC RETROFIT PLAN REVIEW & ASSESSMENT - BIJOU THEATER BUILDING - 1227-1235 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1999. Councilmember Bowler declared a potential conflict of interest due to owning a business within the 300-foot radius and left the dais and the room at the hour of 9:56 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions. Public participation opened at 10:05 P.M. Coming forward to address the Council on this item was: Jay Ziff - Planning Consulting Research (PCR), City Consultant, introduced Ms. Ostashay; responded to Council questions; Jan Ostashay - PCR, City Consultant, spoke to her findings regarding architectural significant features of the Bijou Theatre building and responded to Council questions; and, John Given - representing CIM Group, building owners, said the reconfiguration of the theatre floor was necessary in order to provide for retail space and that if it were not allowed then there would be no reason to invest $500,000 for the seismic retrofit. Public participation closed at 11:25 P.M. Main Motion: To allow the Bijou owners to proceed with the seismic retrofit with the caveat that the work is monitored and to approve the proposed upgrades, including the addition of windows on the north side of the building and the leveling of the floor. Motion Reviczky, second Mayor Benz. Substitute Motion: To approve only the structural retrofit plans as presented this evening. Motion Edgerton, second Oakes. The motion failed, with Edgerton casting the only affirmative vote. Final Action: The main motion was amended by the maker and the second to remove the issue of leveling the floor from tonight's approval, with direction to staff that the item return to the Council at its February 9, 1999, meeting with a report on the effect that leveling the floor would have on the architectural features of the two doorways and with the other issues not discussed or acted on this evening, including the historic designation of the Bijou Building. The main motion, as amended, carried, noting the dissenting vote by Edgerton and the absence of Bowler 6. SURFER'S WALK OF FAME Memorandum from City Manager Stephen Burrell dated January 20, 1999. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Roger Bacon - 1100 Pacific Coast Highway, spoke to the Surfer's Walk of Fame; requested approval of a banner program to raise the necessary funds; and, said that he had a check to start the project and presented it to the City Manager. Action: To approve the concept of a Surfer's Walk of Fame, allow the collection of funds by selling banner space over Pacific Coast Highway and direct staff to work with Roger Bacon on this project and return to Council with a more complete presentation including financial information. Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Memo from the City Manager regarding the City Council's Fiesta Sub-committee City Manager Burrell spoke regarding the sub-committee meeting. Councilmembers Edgerton and Oakes also spoke regarding the meeting. Action: Mayor Benz directed, with the consensus of the Council, that the sub-committee continue to meet and report back to Council. At the hour of 9:55 P.M. the order of the agenda was returned to item 5. 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request by Councilmember Reviczky to direct staff to install a curb on the greenbelt parking area to protect landscaping and irrigation equipment. Councilmember Reviczky spoke to his request. Action: To direct staff to install a curb on the greenbelt parking area to protect landscaping and irrigation equipment. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. b. Request by Councilmember Reviczky to amend Section 17.44 of the Zoning Code pertaining to limited exceptions to exterior only access to living areas in single family homes. Councilmember Reviczky spoke to his request. Action: To direct that the Planning Commission study an amendment to Section 17.44 of the Zoning Code pertaining to limited exceptions to exterior only access to living areas in single family homes. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. CITIZEN COMMENTS - None City Attorney Jenkins requested an additional item, Keep Hermosa Beautiful v. City of Hermosa Beach, be included for the closed session as the need to discuss this item had arisen after the agenda had been posted. Action: To add to the closed session agenda discussion of Keep Hermosa Beautiful v. City of Hermosa Beach with the finding that the need to discuss this item had arisen after the posting of the agenda. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957.8 Title: City Manager 2. KEEP HERMOSA BEAUTIFUL V. CITY OF HERMOSA BEACH: Pursuant to Government Code Section 54956.9 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Glenn Davis on Wednesday, January 26, 1999, at the hour of 12:15 A.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 12:20 A.M. At the hour of 12:30 A.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 26, 1999, at the hour of 12:30 A.M. to the Regular Meeting of Tuesday, February 9, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 9, 1999, at the hour of 7:25 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None City Attorney Michael Jenkins reported that the Special Meeting had convened at the hour of 6:45 P.M. for the purpose of a closed session to discuss anticipated litigation, pursuant to Government Code Section 54956.9(b)(3)(E): a statement threatening litigation in a letter from Peter A. Bagatelos dated January 18, 1999. He said that no decision was made requiring a public announcement. PRESENTATIONS: PRESENTATION BY THE CHAMBER OF COMMERCE OF THE NEW1999 BUSINESS DIRECTORY AND VISITORS GUIDE The new 1999 Business Directory and Visitor's Guide produced by the Hermosa Beach Chamber of Commerce was presented by Carol Duff. PUBLIC PARTICIPATION:. (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, thanked Mayor Benz for weekly visits during her recent illness; noted that two Councilmembers did not have their City-paid laptop computers with them; and, urged the Council to re-consider its decision to not allow the Macpherson oil drilling project as the ensuing lawsuit might bankrupt the City. (b) COUNCIL COMMENTS: Mayor Benz announced the 47th annual "Sand and Strand 2½ and 5 Mile Run" on Sunday, February 14, 1999, and remarked that it was one of the more enjoyable races in the area as half of it was run at the water's edge. Councilmember Edgerton commented on the recent Hermosa Beach Education Foundation fundraiser at Pointe 705 in Hermosa and said that over $60,000 had been raised for Hermosa Beach schools. (c) WRITTEN COMMUNICATION: 1. Letter from Carol Duff, President & CEO of the Hermosa Beach Chamber of Commerce, dated January 25, 1999, requesting Mayor Benz to attend a Beautification Awards ceremony on February 18, 1999, at Brewski's restaurant. Action: The consensus of the Council was that Mayor Benz would attend if possible or Mayor Pro Tempore Oakes would attend if Mayor Benz were not in town. 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 Benz, (f) Reviczky and (h) Edgerton. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:41 P.M. the order of the agenda was suspended to go to Municipal Matters, item 6. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on January 26, 1999. Action: To approve the minutes of the Regular Meeting of January 26, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16150 THROUGH 16281 INCLUSIVE, AND TO APPROVE CANCELLATION OF CHECK NOS. 15974 AND 16248 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 DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR AND A NOTICE OF CLOSED/RESOLVED Claim. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 26, 1999. Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator: 1) Claimant: Hutchens, Raoul Date of Loss: 09/05/98 Date Filed: 01/25/99 Allegation: Claimant alleges false arrest, battery, negligent and intentional infliction of emotional distress. And, to note that the City has resolved the following claim: 1) Claimant: Greenwood, Cheryl Date of Loss: 11/30/98 Date Filed: 12/16/98 Damage: Claimant's vehicle damaged when hit by City vehicle. Disposition: City reimbursed claimant $1,928.67 for vehicle repair. (e) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS' COMPENSATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 1, 1999. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting. City Manager Stephen Burrell and Risk Manager Michael Earl responded to Council questions. Action: To approve the staff recommendation to receive and file the Quarterly report on Worker's Compensation which showed (in part) 1.that at mid-year for the 98/99 fiscal year a total of $292,449 has been expended in workers' compensation claims costs; 2.based on the current level of expenditure it is estimated that the total for the year should be approximately $503,000; 3.the average claims expense over the previous five years is $495,990; and, 4.estimated expenditure for the 98/99 fiscal year should be close to the five-year average. And, to request that staff return with a cost-ratio formula similar to that imposed on commercial businesses by the state. Motion Mayor Benz, second Reviczky. The motion carried, noting the absence of Bowler. 1.(f) RECOMMENDATION TO APPROVE FUND RAISERS, LTD. TO PROVIDE ENGRAVING AND PROGRAM SUPPORT FOR THE MILLENNIUM WALKWAY FUNDRAISER. Memorandum from Community Resources Director Mary Rooney dated February 1, 1999. 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 approve Fund Raisers, Ltd. To provide engraving and program support for the Millennium Walkway fundraiser at a cost of $9.50 per brick for engraving and shipping, leaving a total of $90.50 (less installation cost) per brick, or $90,500 if 1,000 bricks are purchased by the public, for the Millennium celebration. Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler. (g) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING FINAL MAP #24924 FOR A 2-UNIT CONDOMINIUM AT 123 & 125 LYNDON STREET; FINAL MAP #24925 FOR TWO 2-UNIT CONDOMINIUMS AT 133 THROUGH 139 LYNDON STREET; AND, FINAL MAP #24926 FOR TWO 2-UNIT CONDOMINIUMS AT 141 THROUGH 147 LYNDON STREET. Memorandum from Community Development Director Sol Blumenfeld dated February 3, 1999. Supplemental final map #24925 received February 9, 1999. Action: To approve the staff recommendation to: 1.Adopt Resolution No. 99-5954, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24924 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 123 & 125 LYNDON STREET, HERMOSA BEACH, CALIFORNIA."; 2.Adopt Resolution No. 99-5955, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24925 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 133-135 AND 137-139 LYNDON STREET, HERMOSA BEACH, CALIFORNIA."; and, 3.Adopt Resolution No. 99-5956, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24926 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 141-143 AND 145-147 LYNDON STREET, HERMOSA BEACH, CALIFORNIA." 1.(h) RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE DMR TEAM, INC. TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATES TO INCLUDE MONTEREY BLVD. FROM 19TH STREET TO HERMOSA/MANHATTAN AVENUE FOR A FEE OF $17,545. Memorandum from Public Works Director Harold Williams dated February 2, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1.Approve the attached First Amendment to Professional Services Agreement between the City of Hermosa Beach and the DMR Team, Inc. to prepare plans, specifications and estimates to include Monterey Blvd. From 19th Street to Hermosa/Manhattan Avenue, for a fee of $17,545; 2.Authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement upon approval as to form by the City Attorney; 3.Appropriate $20,000 to CIP 98-142 from the 301 Capital Improvement Fund; and 4.Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary within budget. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler. (i) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1998 REVENUE AND EXPENDITURE REPORT. Memorandum from Finance Director Viki Copeland dated February 4, 1999. Action: To approve the staff recommendation to receive and file the December 1998 Revenue and Expenditure report. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (f), 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 - None HEARINGS 4. EIGHTH STREET TRAFFIC ISSUES STUDY. Memorandum from Public Works Director Harold Williams dated February 3, 1999. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 9:36 P.M. As no one came forward to address the Council on this item, the public participation closed at 9:36 P.M. Action: To continue the hearing to the regular meeting of March 23, 1999. Motion Mayor Benz, second Reviczky. The motion carried, noting the absence of Bowler. MUNICIPAL MATTERS 5. MID YEAR BUDGET REVIEW 1998-99. Memorandum from Finance Director Viki Copeland dated January 28, 1999. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet. Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler. 6. INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA HOTEL. Memorandum from City Clerk Elaine Doerfling dated February 2, 1999. Supplemental letters from Rosamond Fogg, 610 Sixth Street, and JCC Homes, Torrance, in opposition to a delay in calling a special election, received February 9, 1999. At the hour of 7:42 P.M. Councilmembers Edgerton and Reviczky declared potential conflicts of interest, left the dais and left the room. City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell presented his report and responded to Council questions. And, Community Development director Blumenfeld responded to Council questions. Public participation opened at 8:02 P.M. David Kitchen - Seventh Street, said that the developer had assured them there would be only eight residential units and the neighborhood was in favor of the initiative; questioned why the Council was trying to withhold the election rather than letting the people have their say; Michael Learned - 635 Pacific Coast Hwy., said that there were only going to be eight single family homes built, not the seventeen condos that the zone change could allow; said that Learned Lumber would not close escrow on more than eight units; said that Learned Lumber had been in that location since 1924 and would now be able to have more highway frontage; Shirley Cassell - Hermosa Beach, spoke in opposition to the initiative; said that once commercial space was removed it could never be replaced; Greg Delgado - President of JCC Homes, said that he had asked if a specific plan limiting the project to only eight units could be incorporated into the initiative petition and had been told by his attorneys that it was not allowed; said that he would stipulate on behalf of his company that the project would be limited to eight homes but it could not be incorporated tonight as the only items for discussion were the alternatives listed in the staff report pertaining to the date of the election; offered to pay for a May election; and, Michael Keegan - 1107 Loma Drive, spoke in opposition to the initiative and said that people didn't know what they were signing; said that the election should be held off until November to allow time to educate the public. Public participation closed at 8:25 P.M. City Attorney Jenkins said that the only matter before the Council tonight was setting the date of the election and if the Council wanted to hold the election in May and was willing to let the developer pay for the special election as offered, it was best for the City to receive the money at this time, prior to taking final action. Greg Delgado, President of JCC Homes, presented a cashier's check for $30,000 to City Manager Burrell. Action: To approve the staff recommendation to: 1.Receive and file the report that Council ordered pursuant to Elections Code Section 9212 analyzing the fiscal impact and the proposed ordinance's consistency with the project previously voted on by Council; and, 2.Approve alternative b: to order a special election to be held on May 18, 1999, at which time the ordinance, without alteration, shall be submitted to the voters; Motion Bowler second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve the wording of the ballot measure question, which, pursuant to Elections Code Section 13247, is limited to a maximum of 75 words, as follows: AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL Shall the Ordinance which would amend the land use designation and zoning classification from commercial to medium density residential on property located just west of Pacific Coast Highway, between Sixth and Eighth streets, behind the Learned Lumber facility and the abandoned Mar Vista Motel, be adopted? YES_______ NO_______ Motion Bowler second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve the filing of written arguments with regard to the measure and authorize Mayor Benz to file a written argument against the measure. Motion Oakes, second Bowler. The motion carried, noting the absence of Edgerton and Reviczky. Further Action: To approve Resolutions No. 99-5957, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 18, 1999, FOR THE SUBMISSION OF A PROPOSED ORDINANCE" Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve Resolutions No. 99-5958, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve Resolutions No. 99-5959, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999, TO BE MADE BY THE CITY CLERK." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve Resolutions No. 99-5960, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton and Reviczky. Further Action: To approve Resolutions No. 99-5961, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999." Motion Oakes, second Bowler. The motion carried, noting the absence of Edgerton and Reviczky. Final Action: To approve Resolutions No. 99-5962, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MAY 18, 1999." Motion Bowler, second Oakes. The motion carried, noting the absence of Edgerton and Reviczky. The meeting recessed at the hour of 8:42 P.M. and Councilmember Bowler left the meeting at that time. The meeting reconvened at the hour of 9:14 P.M. and returned the order of the agenda to item 2. 1.7. HERMOSA BEACH PIER RENOVATION PROJECT. Memorandum from Public Works Director Harold Williams dated February 4, 1999. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:39 P.M. Coming forward to address the Council on this item was: Steve Schmucker - Concept Marine, construction management, responded to Council questions. Public participation closed at 10:05 P.M. Proposed Action: To direct staff to report back with additional information regarding the extent of the repairs needed at this time in comparison with the items that were on the bid; comparisons of the estimates on the change orders and the average rate charged on other jobs; the feasibility of rebidding the project and the amount of time owed by the project engineers, HLA. Motion Reviczky. The motion died due to the lack of a second. Proposed Action: To direct staff to report back with the information requested earlier and to approve staff recommendations numbers 1 and 2 but to take the money from the UUT or General Fund. Motion Edgerton. The motion failed due to the lack of a second. Action: To: 1.approve the Supplemental Agreement No. 1 for the Hermosa Beach Pier Renovation Project CIP 95-620 for $585,298.95; 2.authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement; and, 3.appropriate $343,950 to CIP 95-620 from Prop A Open Space Funds; and, Direct staff to explore other funding sources and report back to Council with that information and with the amount left on the contract with the project engineer, HLA. Motion Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Bowler. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 1.a. BENCHES FOR LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated February 2, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve purchase of wood benches similar to those used in Noble Park. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote, noting the absence of Bowler. b. SB10 (RAINEY): LOCAL STREETS AND HIGHWAY - STORM DAMAGE REPAIR. Memorandum from City Manager Stephen Burrell dated January 27, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve support for SB10, which will authorize expenditures of up to $200 million for local streets and highways and authorize the City Manager to write a letter expressing this support. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Bowler. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL 1.a. LOGO DESIGN CONTEST 2000. Memorandum from Community Resources Director Mary Rooney dated January 25, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To appoint Councilmember Oakes as the Council representative to assist the panel of judges in selecting a winning logo for the Hermosa Beach 2000 logo design contest. Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote, noting the absence of Bowler. 10. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. 1.SEQ OL0_10 1. CONFERENCE WITH LEGAL COUNSEL: Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Gigliotti v. City of Hermosa Beach Case Number: YC029195 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 9, 1999, at the hour of 11:01 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:15 P.M. At the hour of 11:40 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 9, 1999, at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, February 23, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 9, 1999, at the hour of 6:45 P.M. ROLL CALL: Present: Bowler, Oakes, Mayor Benz Absent: Edgerton, Reviczky ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL, pursuant to Government Code Section 54956.9(b)(3)(E), Anticipated Litigation: A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council: Statement threatening litigation in letter from Peter A. Bagatelos dated January 18, 1999. ADJOURN TO CLOSED SESSION - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 9, 1999, at the hour of 6:45 P.M. to a Closed Session. The Closed Session convened at the hour of 6:45 P.M. At the hour of 7:15 P.M., the Closed Session adjourned to the Special Meeting. RECONVENE TO OPEN SESSION - The Special Meeting of the City Council of the City of Hermosa Beach reconvened on Tuesday, February 9, 1999, at the hour of 7:15 P.M. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 9, 1999 at the hour of 7:15 P.M. to the Regular Meeting of Tuesday, February 9, 1999 that had been scheduled for the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 23, 1999, at the hour of 7:16 P.M. PLEDGE OF ALLEGIANCE - Chloe Edgerton ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz asked for a brief review of the newly submitted "Coastal Conservation Act" initiative. City Manager Stephen Burrell responded that there needed to be an analysis made of the potential impact as the initiative was lengthy. Community Resources Director Mary Rooney said that the initiative was six pages of small type and contained ambiguities, but it appeared to deal mainly with special events in the coastal zone, which extended beyond the beach east to Valley Drive, and could impact the majority of events and fund raising activities in the City. Ms. Rooney responded to Council questions and said that it appeared to be very similar to an initiative from Manhattan Beach. Action: To direct that the City Attorney Michael Jenkins review the proposed initiative and clarify the types of impacts this could have on the City and for staff to estimate the costs the initiative could impose upon the city and its citizens, in order to provide factual information to the public. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. PUBLIC PARTICIPATION: ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Joanne Edgerton - announced the Hermosa Beach Little League "Opening Night Ceremony" to be held on Friday, March 5, 1999, at 6:30 P.M. and invited everyone to attend. Mayor Benz agreed to throw out the first ball; and, Shirley Cassell - spoke regarding two Councilmembers not having their City-paid laptop computers at the meeting; questioned a check for over $6,000 for legal fees on the oil drilling project and asked for an accounting of the amount of City money spent for legal fees on the oil project to date and the amount expected to be spent in the future; asked that this report be available by the next meeting. COUNCIL COMMENTS: None WRITTEN COMMUNICATION - None CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Oakes, (g) Bowler and (p) Edgerton. Item 1(k) was withdrawn by staff. 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: Minutes of the Special Meeting held on February 9, 1999; and, Minutes of the Regular Meeting held on February 9, 1999. Action: To approve the minutes of the Special Meeting of February 9, 1999, and the Regular Meeting of February 9, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16282 THROUGH 16398, NOTING VOID CHECK NO. 16375. 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, 1999, FINANCIAL REPORTS: Revenue and expenditure report; City Treasurer's report; and, Investment report. Action: To receive and file the January, 1999, Financial Reports as presented. (e) RECOMMENDATION TO APPROVE THE REVISED JPA AGREEMENT FOR DISASTER MANAGEMENT AREA G FOR THE PROVISION OF DISASTER RELATED RESPONSE AND RECOVERY PROGRAMS. Memorandum from Fire Chief Pete Bonano dated January 26, 1999. Action: To approve the staff recommendation to approve the revised JPA Agreement for Area G, for the provision of disaster related response and recovery programs. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 16, 1999. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to reconsider, with Councilmember Bowler, the Planning Commission decision on their agenda item 12, 1301 Manhattan Avenue. City Manager Burrell said that the item would return to Council at the Regular Meeting of March 23, 1998. Action: To receive and file the balance of the action minutes from the Planning Commission meeting of February 16, 1999. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24923 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 306 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated February 10, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Mr. Bowler said that this item had been pulled by mistake. Action: To approve the staff recommendation to adopt Resolution No. 99-5966, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24923 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 306 MONTEREY BOULEVARD HERMOSA BEACH, CALIFORNIA." Motion Bowler, second Oakes. The motion carried by a unanimous vote (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24922 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1716 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated February 10, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5963, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24922 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1716 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24824 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 240 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated February 10, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5964, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24824 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 240 MONTEREYBOULEVARD HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25024 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 531 - 25TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated February 10, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5965, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25024 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 531 25TH STREET, HERMOSA BEACH, CALIFORNIA." (k) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOMS 7 & 11 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated February 11, 1999. Action: City Manager Burrell announced that this item had been withdrawn by staff and would return at a future meeting. (l) RECOMMENDATION TO SET WORKSHOP DATES OF THURSDAY, MAY 20th AND THURSDAY, JUNE 3rd AT 7:10 P.M. FOR REVIEW OF THE 1999-00 BUDGET. Memorandum from Finance Director Viki Copeland dated February 17, 1999. Action: To approve the staff recommendation to set workshop dates of Thursday, May 20th and Thursday, June 3rd at 7:10 P.M. for review of the 1999-00 budget. Note: This item was discussed at the close of the meeting in order to direct staff to bring back an item changing the date of the workshop meetings to Mondays rather than Thursdays. (m) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 1, 1998. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 1, 1998. (n) RECOMMENDATION TO AUTHORIZE TO RETAIN BFL/OWEN, INC., THE STRUCTURAL ENGINEER AND PRINCIPAL ON THE GORDON CHONG AND PARTNERS DESIGN TEAM, FOR THE NORTH PIER PARKING STRUCTURE TO PROVIDE STRUCTURAL OBSERVATION OF THE CONSTRUCTION FOR THE PARKING STRUCTURE IN THE AMOUNT OF $25,000. Memorandum from Public Works Director Harold Williams dated February 17, 1999. Action: To approve the staff recommendation to: Authorize to retain BFL/Owen, Inc., the Structural Engineer and principal on the Gordon Chong and Partners design team, for the North Pier Parking Structure to provide structural observation of the construction for the parking structure in the amount of $25,000; and Authorize the Director of Public Works/City Engineer to issue addenda as necessary within the budgeted limitation. (o) RECOMMENDATION TO ACCEPT THE WORK BY GEOSCENE LANDSCAPE ON CIP 96-508 GREENBELT IMPROVEMENT PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RELEASE THE 10% RETENTION, 35 DAYS FOLLOWING THE FILING OF THE CERTIFICATE OF COMPLETION. Memorandum from Public Works Director Harold Williams dated February 17, 1999. Action: To approve the staff recommendation to: 1.Accept the work by Geoscene Landscape of Escondido on CIP Project No. 96-508, Greenbelt Improvement Project, as complete; and 2.Authorize staff to release the 10% retention, 35 days following the filing of the Certificate of Completion. And noting a final contract amount of $640,072.41. (p) RECOMMENDATION TO ADOPT RESOLUTION ACCEPTING THE PROPERTY PURCHASED BY THE CITY AT 1309 BARD STREET. Memorandum from City Manager Stephen Burrell dated February 18, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 99-5967, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING THE PROPERTY AT 1309 BARD STREET, HERMOSA BEACH, CALIFORNIA, AND ORDERING ITS RECORDATION." Motion Edgerton, second Bowler. The motion carried by a unanimous vote. CONSENT ORDINANCES - None ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (g), and (p) 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. REVIEW OF POLICY FOR PARKING VIOLATIONS. Memorandum from Police Chief Val Straser dated February 16, 1999. Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To: 1.direct staff to set a policy of marking the auto's tire only after the meter has expired thus allowing an additional two hours, up to a four hour limit, before a second ticket is issued; and, 2.review this policy after the parking structure is completed. Motion Oakes, second Edgerton. The motion carried, noting the dissenting votes of Bowler and Reviczky. 5. BIJOU BUILDING - FOLLOW-UP ON APPROVAL OF SEISMIC RETROFIT PLANS AND REQUEST TO RECONSIDER FLOOR LEVELING. Memorandum from Community Development Director Sol Blumenfeld dated February 16, 1999. Councilmember Bowler declared a potential conflict of interest due to owning a business within the 300-foot radius and left the dais and the room at 8:05 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 8:06 P.M. Coming forward to address the Council was:Jan Ostashay - PCR, City Consultant, responded to Council questions. Public participation closed at 8:17 P.M. Action: To allow the theatre floor to be made level rather than sloping.Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton and the absence of Bowler. 6. REQUEST FOR QUALIFICATIONS STATEMENT AND PROPOSAL TO DEVELOP OFFICE/RETAIL PROJECT IN CONNECTION WITH DOWNTOWN PARKING STRUCTURE. Memorandum from Community Development Director Sol Blumenfeld dated February 18, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell said that the City would be proposing a ground lease. Action: To approve the staff recommendation to receive and file the report stating that staff will prepare a draft copy of the RFP/RFQ and a list of preliminary development goals over the next month for City Council consideration.Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. BEACH RESTORATION - AB64 (DUCHENY). Memorandum from City Manager Stephen Burrell dated February 18, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct the City Manager to write a letter expressing the Council's support for AB64 that will set up a program of cost-effective beach restoration projects.Motion Reviczky, second Oakes. The motion carried by a unanimous vote. b. SET SPECIAL MEETING FOR TUESDAY, MARCH 30, 1999 FOR REVIEW OF RESIDENTIAL DEVELOPMENT STANDARDS. Memorandum from City Manager Stephen Burrell dated February 18, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: Mayor Benz directed, with the consensus of the Council, that the date of Tuesday, March 30, 1999, be set for a special meeting for a review of residential development standards. Mayor Benz announced that meetings on Thursdays were difficult for him to attend as he was usually out of the City and asked that consent item 1(l) be reconsidered. Action: Mayor Benz directed, with the consensus of the Council, that staff change the days of the budget workshops from Thursday to Monday and bring the item back to Council for approval. Councilmember Edgerton spoke on the proposed expansion of Los Angeles Airport (LAX) and asked for a report from the City Attorney. City Attorney Jenkins gave a brief review of actions to date and said that no EIR had been filed for the change of LAX flight patterns. Action: Mayor Benz directed, with the consensus of the Council, that Councilmember Edgerton accompany City Manager Burrell as the City's representative to a press conference in El Segundo on March 4, 1999, and to a lunch meeting on March 16, 1999, both to discuss opposition to LAX expansion plans. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. ENDORSEMENT OF SPECIAL OVERLAY CONCEPT FOR AREA CODES. Memorandum from City Manager Stephen Burrell dated February 18, 1999. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To direct the City Manager to write a letter expressing the Council's support for the special overlay concept for area codes. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 23, 1999, at the hour of 8:45 P.M. to the Regular Meeting of Tuesday, March 9, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 9, 1999, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Nick Tchirkow ROLL CALL: Present: Bowler, Reviczky, Mayor Pro Tempore Oakes, Absent: Edgerton (arrived at 7:20 P.M.), Mayor Benz (arrived at 7:45 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS - Mayor Pro Tempore Oakes announced that tonight's meeting would be adjourned in memory of Laurie Duke, former City Manager's secretary and 21 year City employee, who died after a prolonged illness of cancer. Ms. Oakes expressed the Council's deepest condolences to the family. Councilmember Bowler announced the Fifth Annual Saint Patrick's Day Parade and Festival that will be held this Saturday, March 13, 1999. Mr. Bowler said that the Festival would start downtown at 10:00 A.M. and the Parade would follow the same route down Pier Avenue from Valley Drive to Hermosa Avenue and then to Eighth Street. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned the amount of money that the City has spent on litigation on the Macpherson Oil Project (City Manager Stephen Burrell said that it was $24,210); and questioned check no. 16535 for $33,523 (City Manager Burrell said that it was a binding arbitration award.); David Hunt - 832 Hermosa Avenue, Easy Reader reporter for Hermosa Beach, said that he was being reassigned to cover Redondo Beach in the future and said that it had been a joy to report on Hermosa Beach for the past three years; Randy Fortunato - Bottle Inn owner, said that the silver-poled parking meters near his restaurant had recently been changed to a two-hour limit that did not allow his patrons to complete a leisurely meal; asked the Council to reconsider its policy as ticketed patrons would not come back (City Manager Burrell said that staff would research the issue and bring it back to Council.); and, Dave (name indistinct) - 224 Monterey Blvd., complained that there was still too much traffic on Monterey; said that the turn restrictions only cut down traffic in the mornings. (b) COUNCIL COMMENTS: Councilmember Edgerton arrived at 7:20 P.M. and questioned if the parking area behind the former school building at South Park could be made usable, and if the building could be used for school related classes or activity. Councilmember Reviczky agreed with the suggestion. Asked to comment, Community Resources Director Mary Rooney suggested that City Attorney Michael Jenkins be asked to give an opinion on allowable uses for the building. City Manager Burrell said that staff would research the issues and report back. 1.SEQ OL0_0 1. WRITTEN COMMUNICATION: 1. Letter from the Hermosa Beach Chamber of Commerce dated March 2, 1999 requesting that the City Council formally oppose the proposed ordinance to regulate beach use and temporary events known as the "Coastal Conservation Act". Coming forward to address the Council on this item were: Dick McCurdy - Sister City Association President, urged the Council to officially oppose the proposed initiative; said that he supported the Chamber of Commerce position; said that community groups donated their time, talent and resources and that they needed the fund raising events that allowed them to contribute; and, said that this initiative raised First Amendment questions; Jean Lombardo - Woman's Club President, spoke of the charitable contributions made by the organization made possible by fund raising events held within the coastal zone; said that the proposed initiative would make it too cumbersome and costly to continue; J. Travers Devine - Saint Patrick's Day Weekend Co-chair, said that the proposed initiative was not a conservation of the coast but the destruction of community events; said that the City relied on the small businesses for revenue and the small businesses needed family events; Abel Ybarra - Aloha Days Chairman, said that he supported the Chamber of Commerce position; said that many of the items contained in the proposed initiative were costly to the City, and redundant as ocean water testing was already being done by other organizations Earl Feys - with Project Touch, said that the proposed initiative was not a good idea and that he supported the Chamber of Commerce position; and, Greg Ronkaninen - Kiwanis Club President, said that he supported the Chamber of Commerce position. Action: To receive and file the letter. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. Mayor Benz arrived at 7:45 P.M. Action: To suspend the order of the agenda to go to item 6 which contained a staff report on the proposed initiative. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 7:45 P.M. the order of the agenda was suspended to go to item 6, dealing with the same subject. 2. Letter from Wally Azbill dated March 2, 1999 regarding violations of construction rules at sites on Amby Place. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that the issue of contractors damaging adjacent property has arisen before and the City should have laws and enforcement to see that restitution is made; and, Wally Azbill - 2821 Amby Place, said that Amby Place was a small street that currently had four families in residence and two large homes under construction; said that construction workers clogged the street with as many as twenty cars and left large amounts of debris; said it had not had a street sweeper for over a year and a half when construction began. Action: Mayor Benz directed, with the consensus of the Council, that staff determine what type of relief could be granted to the residents. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (j) Oakes. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 8:03 P.M. the order of the agenda was suspended to go to the hearings, starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1. Minutes of the Regular Meeting held on February 23, 1999. Action: To approve the minutes of the Regular Meeting of February 23, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16399 THROUGH 16584, NOTING VOIDED CHECK NO. 16447, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 16131 AND 16571 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 SET WORKSHOP DATES OF MONDAY, MAY 24TH AND MONDAY, JUNE 7TH AT 7:10 P.M. FOR REVIEW OF THE 1999-00 BUDGET. Memorandum from Finance Director Viki Copeland dated February 24, 1999. Action: To approve the staff recommendation to set workshop dates of Monday, May 24th and Monday, June 7th at 7:10 P.M. for review of the 1999-00 budget. (e) RECOMMENDATION TO ADOPT RESOLUTION TO AUTHORIZE THE RELEASE OF FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) TO THE COUNTY OF LOS ANGELES. Memorandum from Police Chief Val Straser dated February 22, 1999. Action: To approve the staff recommendation to: 1.Authorize the decline of funds directly made available through the Juvenile Accountability Incentive Block Grant (JAIBG) program administered by the Office of Criminal Justice Planning to the County of Los Angeles. The amount of funds is $7,245.00; 2.waive the City's right to its entire direct sub-grant award and authorize the funds to be expended by the County of Los Angeles for the purposes of hiring a deputy District Attorney for the vertical prosecution of juvenile offenders in Inglewood Juvenile Court; and, 3.adopt Resolution No. 99-5968, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE RELEASE OF FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) TO THE COUNTY OF LOS ANGELES." (f) RECOMMENDATION TO AMEND EXISTING JANITORIAL SERVICE AGREEMENT TO INCLUDE MID-DAY SERVICE AND SEVEN-DAY SERVICE AT THE COMMUNITY CENTER AND JAIL AREAS. Memorandum from Public Works Director Harold Williams dated March 1, 1999. Action: To approve the staff recommendation to authorize the City Manager to amend the existing Janitorial Service Agreement as approved at the Mid-Year Budget Review for seven-day per week cleaning at the Community Center, Clark Building and the jail area for a total janitorial cost of $7,250 per month. (g) RECOMMENDATION TO AWARD BID FOR INSTALLATION OF A UTILITY BED ON A FORD F250 PICK-UP TRUCK TO PACIFIC TRUCK EQUIPMENT, INC. FOR $8,868.00. Memorandum from Public Works Director Harold Williams dated March 2, 1999. Action: To approve the staff recommendation to award the bid for installation of a utility bed on a Ford F250 Pick-up Truck to Pacific Truck Equipment, Inc. for $8,868.00. (h) RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 1999-00. Memorandum from Public Works Director Harold Williams dated March 2, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5969, 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, OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, AND LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000." (i) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOMS 7 & 11 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated March 3, 1999. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the South Bay Free Clinic and the City for the use of Rooms 7 and 11 in the Community Center at a rate of $1,470 per month (1,500 sq.ft. X $.98 per sq.ft.) from April 1, 1999, through June 30, 1999, and $1,545 per month (1,500 sq.ft. X $1.03 per sq.ft.) from July 1, 1999 through March 30, 2000, for a total rental income of $18,315; and, 2) authorize the Mayor to sign the lease. 1. (j) RECOMMENDATION TO APPROVE THE CALL FOR BIDS FOR CIP 97-182 & CIP 97-183, MYRTLE AVENUE AND LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Memorandum from Public Works Director Harold Williams dated March 2, 1999. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1.Approve the call for bids, noting that the City will be reimbursed for its expenses through the levy of assessments on the district once the assessment district is formed; and 2.Instruct the City Clerk to post a Notice Inviting Sealed Bids for said project. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 2, 1999. Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 2, 1999. (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24968 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 125 - 4TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 2, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5970, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24968 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 125 4TH STREET, HERMOSA BEACH, CALIFORNIA." 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(j) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None HEARINGS 4. PERMANENT RETENTION OF OPERATIONAL IMPROVEMENTS ON SIXTH STREET, WEST OF PACIFIC COAST HIGHWAY. Memorandum from Public Works Director Harold Williams dated February 16, 1999. Councilmember Reviczky declared a potential conflict due to living within the area and left the dais and the room at 8:03 P.M. Public Works Director Williams presented the staff report and responded to Council questions. The hearing opened at 8:09 P.M. Coming forward to address the Council on this item were: Ed Ruzak - City Traffic Engineer, said that one form of traffic control was access control and that the barriers provided this access control; said the primary concern was the safety of the residential neighborhood from the large lumber trucks exiting Learned Lumber; Scott Alden - 646 Sixth Street, urged the Council to erect the barriers on a permanent basis as a safety measure for the neighborhood children; Nick Tchirkow - 633 Sixth Street, said that he felt much safer now that the barriers were up; asked that the barriers remain for the safety of the neighborhood children, such as himself; Donna Tchirkow Jackson - 633 Sixth Street, said that the street has become safer as a result of the barriers; questioned how children's safety could be compared to convenience of shoppers; (name indistinct) - store manager for cleaners, said that the store's customers have said that the barriers makes it very inconvenient for them; asked if there could be signs banning trucks over 3,000 pounds; and, submitted a letter from a customer; Francis Nolan - 658 Sixth Street, said that he had lived on the street for 42 years and had seen the change in the traffic from the commercial area; asked that the barriers remain up; Cynthia Kinney - 635 Sixth Street, thanked the Council and said that the six-month trial had been very successful; asked that the barriers be made permanent; Danny (name indistinct) - cleaners, said that there had been an 80 percent increase in traffic to Fifth Street; Cynthia (name indistinct) - 650 Sixth Street, said that Sixth Street still took 100 percent of the eastbound traffic; said that she thought the compromise was fair; Andre Sharp - 618 Sixth Street, spoke of former heavy truck traffic and in favor of keeping the barricades up; David Cohn - 631 Sixth Street, said that the heavy truck traffic had abated and asked that the barriers remain up; Nancy Reviczky - 600 Ardmore Avenue, asked for a balance between the residential neighborhood and the heavy commercial trucks from Learned Lumber; asked that the barricades remain up; Woman (name indistinct) - 618 Sixth Street, spoke in favor of keeping the barricades up; Larry Taggart - 655 Sixth Street, said that the barricades were a big improvement; Seena Sharp - 618 Sixth Street, spoke in favor of keeping the barricades up; Jackie Torfin - 659 Sixth Street, spoke in favor of keeping the barricades up; Jim Danielson - Eighth Place, said the barricade was inconvenient and that his street would like a barricade as well; Stephen Kinney - 635 Sixth Street, said that the barriers were a matter of safety and not just convenience; Margaret MacDonald - 650 Sixth Street, said that all cities have diversions to keep Pacific Coast Highway or other main thoroughfare traffic from intruding into residential neighborhoods; questioned why Hermosa Beach should be different; Richard Alcala - 638 Sixth Street, said that he had purchased his house because of the barricades and the safety they provided to his children; and, Theresa Alden - 646 Sixth Street, thanked the Councilmembers for the barriers and for their concern for the safety of the neighborhood children. The hearing closed at 8:36 P.M. Proposed Action: To approve the staff recommendation to: 1.Retain the existing raised barricade channelizing 6th Street, west of Pacific Coast Highway (PCH); and 2.Retain 6th Street as a short section of a one way street between 125 and 145 feet west of Pacific Coast Highway. Motion Bowler, second Oakes. The motion failed, noting the dissenting votes of Edgerton and Mayor Benz, and the absence of Reviczky. There was no further action taken. Councilmember Reviczky returned at 8:52 P.M. 5. PERMANENT RETENTION OF OPERATIONAL IMPROVEMENTS ON THIRD STREET, EAST OF PACIFIC COAST HIGHWAY AND OCEAN VIEW AVENUE, BETWEEN 3RD AND 4TH STREETS. Memorandum from Public Works Director Harold Williams dated February 17, 1999. Public Works Director Williams presented the staff report and responded to Council questions. Ed Ruzak, City Traffic Engineer, also responded to Council questions. The hearing opened at 9:05 P.M. Coming forward to address the Council on this item were: Richard Duarte - 929 Third Street, said that he was opposed to closing off Ocean View; expressed concerns about emergency vehicle access and did not see the need for a park; Rebecca Duarte - 929 Third Street, said that it was difficult to turn left onto Third Street from Pacific Coast Highway during early morning or afternoon peak traffic hours and dangerous because of the small left turn pocket; said it was safer to use the light at Fifth Street and turn on Ocean View to Third Street, but with the barricade she would be forced to turn the wrong way onto Third Street from Hopkins to get home; Janet Taranto - 906 Third Street, said that she was speaking for four other residents who had to leave before the item was heard; said that all of the residents are as inconvenienced as the previous speakers, but they drive around the block and make a right turn onto Third Street; said that the traffic problem had improved since the barriers had gone up; Ellen Murphy - 843 Third Street, said that Ocean View was not a legal street, that it appeared as a lot on City maps; Paul Bario - 402 Ocean View, thanked the Council for erecting the barrier and spoke in support of putting a small park there; John Scanlon - 915 Third Street, said that he supported his neighbors; and, Gene Taranto - 906 Third Street, spoke in favor of the barriers and of a small park at that location. The hearing closed at 9:30.P.M. Action: To approve the staff recommendation to: 1.Retain the existing raised barricade channelizing 3rd Street, east of Pacific Coast Highway (PCH); 2.Retain 3rd Street as a two way street between PCH and 120 feet east of PCH; and 3.Retain the closure of Ocean View Avenue between 3rd and 4th Street. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Final Action: To return with an item that explores making Third Street two-way up to Hopkins. Motion Edgerton, second Mayor Benz. The motion carried noting the dissenting votes of Oakes and Reviczky. MUNICIPAL MATTERS 6.PROPOSED BALLOT INITIATIVE - COASTAL CONSERVATION ACT. Memorandum from Community Resources Director Mary Rooney dated February 24, 1999. Supplemental information from Community Resources Department replacing page four of the grid, received March 9, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions and said that any person could submit a proposed initiative measure and that after receiving a title, summary and publication record, that person could circulate the petition for 180 days for signature of ten percent of the registered voters. Mr. Jenkins continued that while the petition is being circulated the City and staff could say or do anything, however once the petition qualifies the rules and regulations become more stringent on what may be said and that no City funds may be spent in opposition or support of the proposed measure. Action: To receive and file the report and to direct staff to return with a Resolution opposing the proposed initiative. Motion Oakes, second Bowler. The motion carried by a unanimous vote. At the hour of 7:54 P.M. the order of the agenda was returned to item (c)2. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPERTY TAX RETURN - AB304 (WILDMAN). Memorandum from City Manager Stephen Burrell dated March 3, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize the City Manager to write a letter expressing the Council's support for AB304 and to direct staff to track the bill as it moves through the legislative process. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. b. VEHICLE REGISTRATION SURCHARGE - SB98 (ALARCON) Memorandum from City Manager Stephen Burrell dated March 3, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: There was no action taken on this item as opposition was expressed by Councilmembers Edgerton and Oakes and by Mayor Benz. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Councilmember Oakes for consideration of adding parking restrictions on Valley Drive from Gould Avenue to 25th Street. Councilmember Oakes spoke to her request. Action: To direct staff to research the issue of prolonged parking of recreational vehicles on City streets and return to Council with possible solutions. Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. 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: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. 1.SEQ OL0_7 1. CONFERENCE WITH LEGAL COUNSEL: Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Gigliotti v. City of Hermosa Beach Case Number: YC029195 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City March 9, 1999, at the hour of 10:05 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:15 P.M. At the hour of 10:40 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of former City employee Laurie Duke on Tuesday, March 9, 1999, at the hour of 10:40 P.M. to the Regular Meeting of Tuesday, March 23, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 23, 1999, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Christine Hollander, Community Center Foundation president ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes Absent: Mayor Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Oakes announced that tonight's meeting would be adjourned in memory of long-time resident Harold Roberts, who passed away last week. Ms. Oakes said that Mr. Roberts had been an active volunteer and past president of the Hermosa Beach Kiwanis Club. She said he had been a good neighbor and a good friend to many in the community and would be greatly missed. She extended the Council's condolences to his family. PROCLAMATIONS: NATIONAL LIBRARY WEEK - APRIL 11 - 17, 1999 Mayor Pro Tempore Oakes read the proclamation and urged all residents to read, learn and connect through the Library. She said the proclamation would be forwarded to Hermosa Beach librarian Ron Schneider, who was unable to attend tonight's meeting. PRESENTATION OF CHECK FROM THE HERMOSA BEACH KIWANIS CLUB TO THE HERMOSA BEACH COMMUNITY CENTER FOUNDATION Paul Amarillas, Hermosa Beach Kiwanis Club member and holiday tree lot chairman, presented to Christine Hollander, president of the Hermosa Beach Community Center Foundation, a check for $3,178.78, as a portion of the proceeds from the tree lot. Ms. Hollander expressed appreciation and said the Foundation would put the funds to good use. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: John Hales - Hermosa Beach Friends of the Library, announced that the book sale, rained out last weekend, would take place Saturday, March 27, 1999, from 9:30 A.M. until 12:30 P.M. City Manager Stephen Burrell said that in case of rain this Saturday, or any book sale day, permission had been granted to conduct the event in the Council Chambers. (b) COUNCIL COMMENTS: Councilmember Edgerton asked about opening the upper parking lot at South Park for use during daylight hours. Community Resources Director Mary Rooney and City Manager Burrell both responded to Council questions. Action: Mayor Pro Tempore Oakes directed, with the consensus of the Council, that staff schedule the use of the upper parking lot at South Park as an agenda item at the regular meeting of April 13, 1999. (Mayor Benz absent) (c) WRITTEN COMMUNICATION: 1. Letter from Vida M. Holguin of the Mira Costa High School Grad Nite Committee requesting consideration of a donation to the 1999 event. Action: To approve the donation of $1,000 to the Mira Costa High School Grad Nite Committee. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 2. Letter from Punky Cawdrey of the Redondo Union High School Grad Nite Committee requesting consideration of a donation to the 1999 event. Action: To approve the donation of $1,000 to the Redondo Union High School Grad Nite Committee. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 3. Letter from Donley Falkenstien requesting that modifications to the proposed initiative be received no later than the next City Council meeting. Coming forward to address the Council on this item was: Donley Falkenstien - spoke to his letter. Action: To receive and file the letter. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 4. Letter from Donley Falkenstien requesting that City Council adopt a resolution condemning the Hermosa Beach Chamber of Commerce management's spying activities on members of the Hermosa Beach Coastal Conservation Committee. Coming forward to address the Council on this item was: Donley Falkenstien - spoke to his letter. Action: To receive and file the letter. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 1.SEQ OL0_0 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Bowler, (h) Mayor Pro Tempore Oakes, (i) Reviczky and (k) Bowler. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:50 P.M. the order of the agenda was suspended to go to public hearing item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on March 9, 1999. Action: To approve the minutes of the Regular Meeting of March 9, 1999, as presented. (Mayor Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16585 THROUGH 16731 INCLUSIVE, NOTING VOIDED CHECK NOS. 16594 AND 16660, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 16575 AND 16708, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Mayor 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. (Mayor Benz absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the February, 1999, Financial Reports as presented. (Mayor Benz absent) (e) RECOMMENDATION TO INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL RENOVATIONS PROJECT. Memorandum from Fire Chief Pete Bonano dated March 15, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Fire Chief Bonano responded to Council questions. City Manager Burrell also responded to Council questions, saying that City staff would be moved into trailers during the remodeling project. Action: To continue this item to the next regular meeting of April 13, 1999 in order to allow the sub-committee (Oakes and Reviczky) the opportunity to review the project plans, since a complete set had not been made available to them until today, and to clarify issues. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 2, 1999. Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 2, 1999. (Mayor Benz absent) (g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND PROJECT TOUCH FOR THE USE OF ROOM 3 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated March 10, 1999. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between Project Touch and the City for the use of Room 3 in the Community Center at a rate of $377 per month (529 sq.ft. X $.98 per sq.ft.) from June 1 through June 30, 1999, and $390 per month (529 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through May 31, 2000, for a total rental income of $6,511.99; and, 2) authorize the Mayor to sign the lease. (Mayor Benz absent) (h) RECOMMENDATION TO APPROVE CONTRACT WITH LYN RILEY IN THE AMOUNT OF $15,000 FOR THE PURPOSES OF PROVIDING THE STATE MANDATED CONTINUING EDUCATION TRAINING AND FOR ADMINISTERING THE LOS ANGELES COUNTY REQUIRED PARAMEDIC "QUALITY ASSURANCE PROGRAM". Memorandum from Fire Chief Pete Bonano dated March 15, 1999. This item was removed from the consent calendar by Mayor Pro Tempore Oakes for separate discussion later in the meeting. Fire Chief Bonano responded to Council questions. Action: To approve, as recommended by staff, a contract with nurse-practitioner Lyn Riley in the amount of $15,000 for the purposes of 1) providing all Hermosa Beach Paramedics with the State-mandated continuing education training and 2) administering the Los Angeles County required paramedic "Quality Assurance Program." Motion Mayor Pro Tempore Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. (i) RECOMMENDATION TO APPROPRIATE DONATIONS OF $250.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH AND $800.00 FROM AUBREY ORGANICS, INC. TO THE COMMUNITY RESOURCES DEPARTMENT; AND $531.60 FROM SOUTH BAY DARE FAIR TO THE POLICE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated March 15, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To approve the staff recommendation to accept the following donations: The Woman's Club of Hermosa Beach - $250.00 for the "Spring Egg-Stravaganza" egg hunt at Valley Park; Aubrey Organics, Incorporated - $800.00 to sponsor the CBVA tournament; and, South Bay DARE Fair - $531.60 for the City's share of the South Bay DARE Fair. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. (j) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A HOLIDAY TREE LOT FOR THE 1999 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated March 13, 1999. Action: To approve the use of the Community Center lawn by the Kiwanis Club to operate a holiday tree lot for the 1999 season, as recommended by staff. (Mayor Benz absent) (k) RECOMMENDATION TO DIRECT STAFF TO ISSUE THE REQUEST FOR PROPOSAL AND REQUEST FOR QUALIFICATIONS (RFP/RFQ) TO DEVELOP OFFICE/RETAIL PROJECT IN CONNECTION WITH THE DOWNTOWN PARKING STRUCTURE AND INITIATE AN APPRAISAL TO DETERMINE FAIR MARKET VALUE FOR GROUND LEASE. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Community Development Director Blumenfeld responded to Council questions. City Manager Burrell also responded to council questions. Action: To approve the staff recommendation to: 1.direct staff to issue a Request for Proposal and Request for Qualifications (RFP/RFQ); and, 2.initiate an appraisal to determine the fair market value for a ground lease. Motion Bowler, second Edgerton. The motion carried, noting the dissenting vote by Reviczky and the absence of Benz. (l) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 16, 1999. Action: To approve the staff recommendation to deny the following claims and refer them to the City's Liability Claims Administrator: (1) Claimant: Feeney, Fay Date of Loss: 11/3/98 Date Filed: 3/11/99 Allegation: Claimant alleges City's negligence to properly maintain or repair public walkway caused her to trip and fall on broken tile resulting in injury. (2) Claimant: Atkinson/Durell Date of Loss: 10/14/98 Date Filed: 3/17/99 Allegation: Claimants allege violation of civil rights. (Mayor Benz absent) (m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25012 FOR A 3-UNIT CONDOMINIUM PROJECT AT 611 9TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5971, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25012 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 611 9TH STREET, HERMOSA BEACH, CALIFORNIA". (Mayor Benz absent) (n) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 16, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of March 16, 1999. (Mayor Benz absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (h), (i), and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN AMENDMENT TO MODIFY EXTERIOR ARCHITECTURAL FEATURES ON A COMMERCIAL BUILDING AT 1301 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:54 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:54 P.M. Action: To overturn the Planning Commission's denial February 16, 1999 of a modification to an architectural feature regarding the substitution of an iron railing for a concrete railing on the commercial building at 1301 Manhattan Avenue, thereby approving the modification. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. HEARING 5. 8TH STREET TRAFFIC ENGINEERING ALTERNATIVES. Memorandum from Public Works Director Harold Williams dated March 16, 1999. Supplemental letters received March 23, 1999, in support of a change to the existing conditions, from Eighth Street residents Scott and Heather Steeves, Jeff George, and Robert Murphy. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. City Attorney Michael Jenkins responded to Council questions, saying that the City could limit street traffic based on the weight of vehicles but could not prohibit commercial vehicles from using a public street. Public participation opened at 8:10 P.M. Coming forward to address the council on this item were: Jill Carell - 641 Eighth Street, said Eighth Street was unsafe due to the high volume and speed of traffic, including trucks; suggested closing the street or making it one-way; Jacqueline Graham - 641 Eighth Street, said there were very few parking spaces available on upper Eighth Street, and a great need for sidewalks for pedestrian safety; also supported closing the street or making it one-way; Patrick McHale - 439 Eighth Street, said he would lose off-street parking with sidewalks, but agreed that walking in the street was dangerous due to the high volume and speed of traffic; asked about slowing traffic with the use of speed bumps or additional stop signs; Eric McConnell - 627 Eighth Street, agreed with the previous speaker and requested that the speed be reduced with speed bumps; (it was explained that the use of speed bumps created a tremendous liability problem for cities); John Hales - 624 Eighth Place, long-time resident, said that most of the City's streets had these problems because they had not been built to carry this type of traffic; suggested that the entire area be studied; Scott Steeves - 510 Eighth Street, said the area between Valley Drive and Loma Drive was very dangerous because the street was narrow and in poor shape and the cars moved fast, with taxis being the worst offenders; said he had seen accidents; said a sidewalk on one or both sides would be best for the neighborhood even though he would lose off-street parking; and Mary Ann Wright - 731 Eighth Street, questioned the traffic count for the street, noting that it was far higher than for neighboring streets; asked how many times she and her neighbors would have to come before the Council to get some relief; opposed the status quo. Public participation closed at 8:25 P.M. Action: To: 1.retain existing conditions at this time; 2.make sidewalks on Eighth Street a priority and establish a sub-committee of Councilmembers Bowler and Oakes to meet with residents to determine how to best resolve the sidewalk issue; 3.direct that the re-paving of Eighth Street from Loma Drive to Valley Drive be included as a priority item at the budget workshops; and, 4.direct staff to increase speed enforcement. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. City Manager Burrell said that a sign-up sheet was being circulated in the audience for subcommittee notification purposes, but that all residents of Eighth Street from Valley Drive to Loma Drive would be notified of the sub-committee meetings, as well as anyone else who signed up. Final Action: To direct staff to conduct a study of the traffic flows in the southern portion of the City west of Pacific Coast Highway from Herondo to Pier Avenue and the potential impacts of creating more neighborhood domains through the closing or one-waying of streets, and to include an analysis of a concept plan previously prepared by the Community Development as part of another study showing cul-de-sacs on the local streets near the Vasek Polak dealership at Second Street. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz. The meeting recessed at the hour of 9:00 P.M. The meeting reconvened at the hour of 9:23 P.M. and continued with item 6. MUNICIPAL MATTERS 6. COMMERCIAL EVENT APPLICATIONS. Memorandum from Community Resources Director Mary Rooney dated March 10, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: James Leitz - Vice-President for IMG, gave a short video presentation and described the event, saying it was sponsored by Mervyns and would use professional athletes, and responded to Council questions. Action: To approve California Sports Festival-IMG for June 10-13, 1999, with fees of $34,672, as recommended by the Parks, Recreation and Community Resources Advisory Commission and staff, with direction to return to Council with a finalized music package. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. Coming forward next to address the Council on this item was: Randy West - Executive Director for Cal-King, gave a brief description of the event, saying it was mainly a participant event, and responded to Council questions. Further Action: To approve the Cal-King Volleyball Tour for August 21-22, 1999, with fees of $5,905.60, as recommended by the Parks, Recreation and Community Resources Advisory Commission and staff. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. Coming forward next to address the Council on this item was: Joel Griesbach - Administrator for the HB Triathlon & Festival, gave a brief description of the event and responded to Council questions. Final Action: To approve the 8th Annual HB Triathlon & Festival for October 9-10, 1999, with fees of $8,084.30, as recommended by the Parks, Recreation and Community Resources Advisory Commission and staff Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 7. INITIATION OF THE PROCESS TO BECOME THE ENFORCEMENT AGENCY FOR MOBILEHOMES IN HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated March 16, 1999. Supplemental Ordinance from City Attorney Michael Jenkins received March 23, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To waive full reading and introduce Ordinance No. 99-1190, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ASSUMING ENFORCEMENT FOR THE MOBILEHOME PARK ACT." Motion Edgerton, second Bowler. AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSENT: Mayor Benz At the hour of 10:00 P.M. the order of the agenda was returned to item 2. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Burrell said the issue of opening Valley Drive to two-way traffic between Second Street and Herondo Street had been scheduled for a public hearing at the April 27, 1999 meeting, as previously directed by the City Council. He asked if Council wanted the item to be postponed and included instead in the traffic study of the entire south end so that all elements may be reviewed and considered by the Council at the same time, probably at a separate meeting, as was being done for residential development standards. Action: By consensus of the Council, staff was directed to postpone the Valley Drive traffic issue and include it instead as one of the elements in the comprehensive traffic study of the southern portion of the City, which was directed tonight by Council in item 5. (Benz absent) 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a.) REQUEST FOR WAIVER OF APPLICATION OF THE AUTOMATIC VACANCY FOR ABSENCES FOR PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSIONER, TODD KUH. Memorandum from Community Resources Director Mary Rooney dated March 15, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive the automatic vacancy for Parks, Recreation and Community Resources Advisory Commission member Todd Kuh. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: (a.) Request from Mayor Pro Tem Oakes to discuss the use of pesticides on the Greenbelt and City parks. Mayor Pro Tem Oakes spoke to her request. City Manager Burrell responded to questions, noting the need to look at the cost implications of any change to the current contract. Action: To schedule this issue on the agenda of the regular meeting of April 13, 1999. Motion Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 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 LEGAL COUNSEL: Anticipated Litigation: Pursuant to Government Code Section Government Code Section 54956.9(b) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Receipt of Claim pursuant to Tort Claims Act . Government Code Section 54956.9(C): Claimant: Jeanette F. Prichard Claim #: 99-0008 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957.8 Title: City Manager ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 23, 1999, at the hour of 10:46 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:55 P.M. At the hour of 11:30 P.M., the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Harold Roberts on Tuesday, March 23, 1999, at the hour of 11:31 P.M., to the Adjourned Regular Meeting of Tuesday, March 30, 1999, at the hour of 7:10 P.M. for review of residential development standards. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 30, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Daal Praderas, The Beach Reporter ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Benz Absent: Bowler PUBLIC PARTICIPATION: No one came forward to address the Council at this time. REVIEW OF ZONING STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENTS AND NONCONFORMING RESIDENTIAL PROJECTS. Memorandum from Community Development Director Sol Blumenfeld dated February 16, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The Council then reviewed each component separately and acted to provide direction to staff. It was noted that, in all cases, the directives given tonight were preliminary, and that final actions would not be taken until after the proposed changes had been brought back for further review and public hearings before the Planning Commission and the City Council. Parking Standards: Action: By unanimous consensus of the City Council, it was proposed to increase the required parking in multi-family (R-2 and R-3) zones from two spaces plus one guest space for each two units to a total of three spaces per unit. (Bowler absent) Action: By unanimous consensus of the City Council, it was proposed to reduce the required parking in single-family (R-1) zones from three spaces to two spaces where there is a 17-foot garage setback, as the driveway would provide two additional spaces for guest parking. (Bowler absent) Action: By unanimous consensus of the City Council, it was proposed (1) to continue to allow tandem parking for single family residences; and (2) to allow tandem parking for the two required spaces per unit in a multi-unit structure, but to require all guest parking spaces to be single-loaded. (Bowler absent) Action: By unanimous consensus of the City Council, it was proposed to (1) allow underground parking anywhere on a lot if it is completely below grade, not semi-subterranean; and (2) to eliminate the current exception to the below-grade requirement. (Bowler absent) Action: By unanimous consensus of the City Council, it was proposed to require that guest parking be open/available within a project when not located in the garage setback. (Bowler absent) Open Space Requirements/Lot Coverage Standards: Action: By unanimous consensus of the City Council, it was proposed to eliminate the option of providing required open space on roof decks in multi-family (R-2 and R-3) zones. (Motion Mayor Benz, second Reviczky, Bowler absent) Action: By unanimous consensus of the City Council, it was proposed to amend the multi-family (R-2 and R-3) zoning standards (1) to require a minimum of 200 square feet of open space at ground level, unobstructed from ground to sky and (2) to increase the front yard setbacks on the upper floors, providing a terraced effect from the street, with the second floor of a structure stepped back an additional four feet, and the third floor stepped back an additional seven feet from the second level setback (for a total additional setback of 11 feet). (Motion Mayor Benz, second Edgerton, Bowler absent) Public participation opened at 8:50 p.m. Coming forward to address the Council on this issue was: Greg Burnell - Shakespeare tract resident, expressed concern about the creation of artificial grades for the construction of large, three-story, 4,200 square foot buildings on the small, 30 x 80 foot lots; said although the area is R-2, a height limit of 30 feet was too high and it should be reduced to 25 feet, due to the narrow streets and five-foot setbacks, which eliminate ocean views and cause a tunnel effect; supported the proposed tiered setbacks of the upper floors but suggested a 10-foot rather than a 4-foot setback on the second floor; re remodels, preferred limiting expansions to 50 percent of the existing square footage rather than basing it on the valuation of the existing structure to ensure consistency with regard to determining allowable square footage. Public participation closed at 8:59 P.M. The meeting recessed at 9:00 P.M. The meeting reconvened at 9:25 P.M. Number of Stories: Action: By unanimous consensus of the City Council, it was proposed to eliminate the two-story restriction from the Zoning Code, since the number of stories has no effect on the height of a structure built in accordance with the established height standards. (Motion Edgerton, second Reviczky, Bowler absent) Action: By unanimous consensus of the City Council, staff was directed to come back with recommendations on how to deal with grading issues (e.g., flat lots being filled, often in order to qualify the third floor as a basement and circumvent certain Uniform Building Code requirements). (Motion Reviczky, second Oakes, Bowler absent) Definitions: Director Blumenfeld said staff would return with definitions for any terms not currently defined in the Zoning Code, as well as with clearer definitions of existing terms in order to simplify the Zoning Code and eliminate ambiguities and inconsistencies. Condominium Requirements: Action: By unanimous consensus of the City Council, it was directed that the current discretionary review process for two-unit condominium projects be retained, not eliminated. (Motion Edgerton, second Reviczky, Bowler absent) Nonconforming Remodels: Proposed Action: To direct that any expansion beyond the existing footprint must conform with the current codes. (Motion Oakes, second Edgerton - failed, with Reviczky and Mayor Benz dissenting and Bowler absent) Action: By unanimous consensus of the City Council, the issue was referred back to staff for more information and additional options other than calculating the percentage of remodel on dollars, with direction to staff to look at how the problem is handled by other communities with similar properties. (Motion Reviczky, second Mayor Benz, Bowler absent) Action: By consensus of the City Council, staff was directed to review the issue of restoration and return with a definition. (Motion Reviczky, second Mayor Benz, with Oakes dissenting and Bowler absent) ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, March 30, 1999, at the hour of 10:26 P.M., to the Regular Meeting of Tuesday, April 13, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 13, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Youngsters in the audience ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Benz Absent: Edgerton MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Oakes commented on the success of the "Egg-Stravaganza" Easter egg hunt and festivities that took place Saturday, April 2, 1999 at Valley Park. She thanked the City staff for the great event, noting it had been attended by thousands of children and adults. She also thanked Hawthorne Savings and the various Hermosa Beach service organizations that participated, including the Kiwanis Club, the Rotary Club, and the Woman's Club, which provided food, drinks and prizes. Councilmember Oakes expressed concern that she had requested but was denied access to information being provided to the public by Donley Falkenstien while he was circulating his initiative petitions for signature outside Von's Market. Councilmember Oakes asked why the use of herbicides for weed control on City property was not on this agenda. City Manager Burrell said the item would be on the next agenda, that staff was waiting for information from the landscape contractor to ensure that all points were covered in the report, including the impacts upon the contract if the use were banned entirely. He noted that, in the interim, the contractor had been instructed to not use Round-up or other herbicides until the matter had been decided. PROCLAMATIONS: MEDAL OF VALOR WEEK April 19 - 23, 1999 Mayor Benz read the proclamation and proclaimed the week of April 19 - 23, 1999 as Medal of Valor Week in Hermosa Beach. CLOSED SESSION REPORT FOR MEETING OF MARCH 23, 1999: No reportable actions. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: John Hales - Hermosa Beach, said the Friends of the Library book sale, which took place March 27, 1999, raised more than $2,200, and that $2,000 of that was put into Library assets for the benefit of the whole city; said this was one of the most successful book sales in the 30 years that they have been taking place; thanked those who attended and those who made donations. (b) COUNCIL COMMENTS: Councilmember Reviczky commented on the success of the book sale, noting that it was a great opportunity to buy books at bargain prices. Mayor Benz concurred and encouraged everyone to attend future book sales. Councilmember Bowler commended the Friends of the Library for the great job it had done for Hermosa's one-time beleaguered library. Councilmember Oakes concurred. Mayor Benz asked Councilmembers Bowler and Reviczky, as signers of the ballot argument in favor of the proposed PCH zone change, if they would participate in a televised debate at the cable television studio. Neither Council member expressed interest in a debate. Councilmember Bowler said all of the issues were being addressed in the ballot arguments and in the weekly letters to the editor. (c) WRITTEN COMMUNICATION: 1. Letter from Roger Bacon requesting that City Council consider a plaque design and location for Surfers Walk of Fame. Coming forward to address the Council on this item was: Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter; suggested locating the proposed plaques on the promenade across from Mermaid and Hennesseys restaurants; said saw cutting of the pavement would be required, and replacement of the same concrete material; asked that the City consider doing the saw cutting. Action: Mayor Benz directed, with unanimous Council consent, to refer the matter to the Parks, Recreation and Community Resources Commission to review the proposal, work out details, and provide input. (Edgerton absent) 2. Resident petition requesting that the City Council consider the removal of the barricades at Ocean View Avenue and 3rd Street and reopen the street. Coming forward to address the Council on this item were: Matt Richardson - 417-1/2 Ocean View Avenue, said he and several neighbors were not involved earlier because they were unaware that the issue was under review but do want to participate; asked that the Council postpone the issue to allow all the neighbors to work together; agreed that there were safety issues involved, but said many Ocean View residents liked being able to drive through Lot 21, then up Third Street to Prospect Avenue; Janet Taranto - 906 Third Street, asked about the parameters for "neighborhood"; said some of the signatures on the petition were from far away locations, while she and other residents were directly impacted; Bonnie Wolff - 1212 Third Street, said she was not aware of the issue until the barricade went up at Ocean View; said stop sign changes made in response to concerns for the safety of Our Lady of Guadalupe school children created problems for Third Street residents between Hollowell and Prospect trying to turn onto Prospect Avenue; noted several changes to Third Street over the past 30 years; asked that Council get input from all residents and look at all issues before making a decision; asked to be kept informed about neighborhood meetings; John Wolff - 1212 Third Street, said the neighbors would like to get everyone together to discuss the issues; said the global picture is what was worth looking at; Phyllis Macek - 1023 Sixth Street, said she owned the property at 422 Ocean View, and that her daughter lived there; said two other Sixth Street signers of the petition are also very affected because they visit her daughter; Roger Czuleger - 952 Fifth Street, said cars speed up and down his street at night and mechanics use it by day to road test vehicles; said there was a need for better enforcement, that it was a safety issue; said the new stop signs on Prospect do protect children, but to avoid them people often speed down his street to make the light at PCH; said that intersection was very congested due to the many 7-Eleven customers; Kari Schroeder - 1209 First Street, said she signed the petition and her family lives on Ocean View and Fourth Street; said the only way to get home now is via Fifth Street which is very dangerous due to the traffic; said people still turn onto Ocean View, then have to back up when they see the barricade, which is dangerous; Nicole Webb - 847 Third Street, said there had been a drastic change in traffic in the neighborhood since the barricade went up; suggested putting signage at Fourth Street and Pacific Coast Highway to alert drivers so they do not make the turn at Ocean View and then have to back up; and Gene Taranto - 906 Third Street, said Ocean View is narrow and prone to accidents; urged a decision on the issue while the children are still young; said it would be absurd to place minor inconveniences over the safety of children. Action: Mayor Benz directed, with Council concurrence, (1) that the neighbors meet, as requested, to discuss the issues involved, with staff assisting as needed (help organize and attend their meetings); and (2) that staff present a progress report at the May 25, 1999 meeting. (Edgerton absent) 3. Resident petition requesting that the City Council consider measures to mitigate dangerous conditions on upper 8th Street between Prospect Avenue and Pacific Coast Highway. Coming forward to address the Council on this item were: Stacey Montalto - 715 Prospect Avenue, said she and neighbor Sandra Essex circulated the petitions; submitted more petitions; said Eighth Street was a narrow one-way street; expressed concerns about drivers speeding down the hill and others driving the wrong way up the hill; requested the opportunity to work with City staff on reviewing the problems and exploring options; said ideas included the possibility of speed bumps, changing the direction of traffic from above Ocean Drive, closing Eighth Street at Prospect, barricades, and better signage; Donna Maryanski-Bebb - 1018 Eighth Street, presented photos; noted a problem at Ocean Drive where drivers could not see the signage permitting right turns only; suggested painting "one-way" at various locations on the street itself; Jim Sullivan - 1051 Eighth Street, requested that the Council authorize the traffic engineer to do a study; said the problem was worsening and something needed to be done about cars driving up the wrong way, and to slow the cars down; Steve Charney - 934 Eighth Street, said perhaps what was needed was increased enforcement rather than changes; said the existing signage is often blocked by parked cars; Ray Martel - 903 Eighth Street, said the new left-turn arrow on Pacific Coast Highway for turning east onto Eighth Street should be removed because it invites people to turn onto a street that quickly becomes one-way; Sandy Costra - 900 Eight Street, said people disregard the existing signs or do not see them; said the signage says "do not enter" but does not say "one way"; said commercial traffic often goes up the wrong way, which compromises the safety and security of the residents; and Christine Moore - 908 Eighth Street, said people racing the wrong way up the hill created a danger; said people also race down the hill to make the light; suggested speed berms and a sign that says "do not enter, one way." Action: To direct staff to work with the residents on the issue and report back on possible solutions. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. At 8:45 P.M., the order of the agenda was suspended to go to public hearing item 4. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of item (g) which was removed from the agenda by staff and the following items which were removed for discussion in item 3, but are shown in order for clarity: (l) Reviczky, and (m) Mayor Benz. Motion Reviczky, second Bowler. 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. The meeting recessed at 8:48 P.M. The meeting reconvened at 9:10 P.M. with item 2. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON MARCH 23, 1999. Action: To approve the minutes of the Regular Meeting held on March 23, 1999 as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16732 THROUGH 16900 INCLUSIVE, NOTING VOIDED CHECK NO. 16895, AND TO APPROVE THE CANCELLATION OF CHECK NO. 16881, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) 1.RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25179 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1157 & 1159 CYPRESS AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5972, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25179 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1157 & 1159 CYPRESS AVENUE, HERMOSA BEACH, CALIFORNIA." (Edgerton absent) (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24974 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 650-652 10TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5973, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24974 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 650-652 10TH STREET, HERMOSA BEACH, CALIFORNIA." (Edgerton absent) (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #21493 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 840 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5974, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #21493 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 840 15TH STREET, HERMOSA BEACH, CALIFORNIA." (Edgerton absent) (g) RECOMMENDATION TO AWARD BID TO COMMERCIAL FLEET FINANCING IN THE AMOUNT OF $20,771 FOR THE PURCHASE OF ONE (1) NEW 4X4 PICKUP TRUCK FOR THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated April 5, 1999. This item was removed from the agenda by staff. (h) RECOMMENDATION TO APPROVE OPENING THE SOUTH PARK UPPER LOT FOR 6-HOUR PARKING FROM 9:00 A.M. - 7:00 P.M. DAILY. Memorandum from Community Resources Director Mary Rooney dated April 5, 1999. Action: To open the South Park upper lot for six-hour parking from 9:00 A.M. to 7:00 P.M. daily, as recommended by staff. (Edgerton absent) (i) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF RESOLVED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 7, 1999. Action: To approve the staff recommendation to receive and file the report of the following resolved claims: Claimant: Prichard, Jeannette F. Date of Loss: 07/10/98 Date Filed: 12/23/98 Damage: Personal injury due to trip and fall Disposition: City settled with claimant for $6,876 Claimant: Pina, Kristopher Date of Loss: 02/19/99 and 02/23/99 Date Filed: 03/09/99 Damage: Claim for costs to repair problem with sewer connection Disposition: City reimbursed claimant $1,439 (Edgerton absent) (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25053 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1427 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 7, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5975, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25053 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1427 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (Edgerton absent) (k) RECOMMENDATION TO INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL RENOVATION PROJECT (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated April 6, 1999. Action: To instruct the City Clerk to post a Notice Inviting Sealed Bids for the project, as recommended by staff. (Edgerton absent) (l) RECOMMENDATION TO ACCEPT AND APPROPRIATE DONATIONS OF $500.00 FROM THE HERMOSA KIWANIS FOUNDATION TO THE POLICE DEPARTMENT TO BE USED FOR THE POLICE CHAPLAIN PROGRAM AND $4,500.00 FROM PEYTON CRAMER FORD TO THE COMMUNITY RESOURCES DEPARTMENT TO SPONSOR THE CBVA TOURNAMENT. Memorandum from Finance Director Viki Copeland dated April 6, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To approve the staff recommendation to accept the following donations: 1.The Hermosa Kiwanis Foundation - $500 to the Police Department to be used for the Police Chaplain Program; and 2.Peyton Cramer Ford - $4,500 to the Community Resources Department to sponsor the CBVA tournament. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton. (m) RECOMMENDATION TO APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 1, 1999 THROUGH DECEMBER 31, 2000. Memorandum from Councilmembers Reviczky and Oakes dated April 8, 1999. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve an amendment to the City Manager's employment agreement entitled "Fourth Amendment to City Manager Employment Agreement" effective January 1, 1999 through December 31, 2000, as recommended by Council subcommittee members Reviczky and Oakes. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote by Mayor Benz and the absence of Edgerton. (n) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING ARCHITECTURAL MODIFICATIONS AT 1301 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 8, 1999. Action: To adopt Resolution No. 99-5976, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO APPROVE AN AMENDMENT TO THE PRECISE DEVELOPMENT PLAN TO ALLOW MODIFICATION TO EXTERIOR ARCHITECTURAL FEATURES AT 1301 MANHATTAN AVENUE." (Edgerton absent) 2. CONSENT ORDINANCES ORDINANCE NO. 99-1190 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ASSUMING ENFORCEMENT FOR THE MOBILEHOME PARK ACT." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 25, 1999. Action: To waive full reading and adopt Ordinance No. 99-1190. Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None ABSENT: Edgerton 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(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 4. LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND APPROVAL FOR 1999-2000. Memorandum from Community Development Director Sol Blumenfeld dated March 30, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:46 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:46 P.M. Action: To approve the staff recommendation to approve, by minute order, the expenditure of the Fifth Year 1999-2000 Block Grant estimated allocation, and any additional allocation funding, for the removal of architectural barriers to the disabled, and to approve the program planning summary submittal to the Los Angeles County Community Development Commission. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote by Mayor Benz and the absence of Edgerton. At 8:47 P.M., the order of the agenda was returned to item 1. MUNICIPAL MATTERS 5. PURCHASE OF ELECTRONIC PARKING METERS FOR THE COMMERCIAL ZONE. Memorandum from Police Chief Val Straser dated April 6, 1999. Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:21 P.M. Coming forward to address the Council on this item were: Randy Fortunato - Bottle Inn Restaurant, expressed concern about the increased hours of meter enforcement, from 6:00 P.M. to 10:00 P.M. and the two-hour parking limit, noting that there is no other available parking in the area for his customers; requested that the meters remain free after 6:00 P.M.; and Mike Lacey - Comedy and Magic Club, said the parking situation has affected his business; said he tripled the size of his kitchen and has a good restaurant clientele; said people arrive early for dinner, and the show ends about 10:00 P.M.; said the meters limit parking to three hours, so people have to go move their cars while the headliners are performing; if they cannot find another parking spot or for any reason do not return, their tab is left unpaid; Public participation closed at 9:30 P.M. Action: To approve the staff recommendation to: 1.allow up to four hours per stay at silver meters; 2.approve the purchase of electronic parking meters from Duncan Industries; and 3.approve the appropriation of $104,121 from the Equipment Replacement Fund account for the purchase. Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LEAF BLOWER ORDINANCE. Memorandum from City Manager Stephen Burrell dated March 31, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve staff recommendation No. 1, directing staff to express the Council's opposition to efforts to enact a state preemption on the City's ordinance prohibiting the use of gas powered leaf blowers. Motion Reviczky, second Oakes. The motion carried, noting the absence of Edgerton. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Reviczky to adopt resolution opposing SBC/Pac Bell's request for authority to charge up to $1.10 for the "411" calls it now charges 25¢ for and to raise the rate of an emergency break through call from $1.00 to $5.00. Councilmember Reviczky spoke to his request. Action: To adopt Resolution No. 99-5977, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OPPOSING SBC/PAC BELL'S APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR EXCESSIVE RATE INCREASES." Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. b. Request from Councilmember Reviczky to create a Public Works Commission. Councilmember Reviczky spoke to his request. Action: To direct staff to develop standards and bring the item back at a future agenda with additional information for Council review and consideration; in the interim, to maintain a list of names of interested applicants. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton. CITIZEN COMMENTS No on came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: City Manager Burrell announced that there would be no Closed Session this evening due to the lack of a quorum among the Councilmembers able to vote on the existing litigation case of Macpherson v. City of Hermosa Beach. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 13, 1999, at the hour of 10:00 P.M. to the Regular Meeting of Tuesday, April 27, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday April 27, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Councilmember Sam Edgerton ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: None PROCLAMATIONS: HERMOSA VALLEY SCHOOL BUILDERS CLUB WEEK MAY 3 - 7, 1999 Mayor Benz read and presented the proclamation to Cathy McCurdy, Hermosa Beach School Board, who was joined by a group of 6th, 7th and 8th grade Hermosa Valley School members of the Builders Club. Student Sean Patrick Burke said the Club serves the community by participating with the beach and Greenbelt clean-ups and the holiday toy drive, helps serve the nation with the leukemia for society walk, and helps serve the world with the iodine deficiency drive. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Al Bowman - 7th Street, said he no longer supported the PCH ballot measure because he saw no proof that the developers would make the promised improvements to his street; also objected to the attack on the Mayor in their rebuttal; Lisa Rider - 1940 Monterey Boulevard, spoke to item #7; expressed concerns about the contamination of groundwater by herbicides and their effect on children and pets; urged consideration of banning the use of herbicides in the Greenbelt, parks, and schools; and Ann Barclow - maintenance director for Manhattan Beach Botanical Gardens, said she was not convinced of the safety of herbicides; volunteered her expertise to work with staff and organize a task force. (b) COUNCIL COMMENTS: Councilmember Edgerton reported on an FAA Task Force meeting he attended a couple weeks ago; said the Hermosa Beach/Manhattan Beach contingency was joined at the meeting by Palos Verdes; said they made progress in getting the FAA to understand that there are jets flying over the beach cities and now that the issue is identified, they could work to solve the problem. (c) WRITTEN COMMUNICATION: 1. Letter from Gary Kazanjian requesting a 15 or 30 minute parking space in front of his business at 423 Pier Avenue. Coming forward to address the Council on this item was: Gary Kazanjian - 1021 Loma Drive resident and 423 Pier Avenue business owner, said people park on the street and walk to the beach, a problem that worsens each year when the weather gets warm; said he loses business when his customers cannot find a place to park; requested a 30-minute parking space in front of his business for his customers. Action: Mayor Benz, with the consensus of the Council, directed staff to place this item on a future agenda for Council consideration. 2. Letter from Donley Falkenstien presenting a proposal to City Council regarding the ballot initiative. City Manager Burrell distributed copies of two documents submitted by Mr. Falkenstien at the start of the meeting. Coming forward to address the Council on this item was: Donley Falkenstien spoke to his letter, said he did not want to cost the taxpayers extra money by forcing the issues onto the ballot; requested that the Council give the matter serious consideration. Action: To receive and file. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. 3. Letter from Al Valdes, President of the Hermosa Beach Friends of the Library, requesting City Council consideration of the lack of available parking for library users. Coming forward to address the Council on this item was: Charlotte Malone - Friends of the Library, said the Library patrons need parking and the problem would only get worse; offered to work with the City to resolve it; suggested providing Library employees with stickers for parking in the City employee lot, restricting parking in the public lot to two hours, building a parking structure or opening up the Greenbelt for parking. Action: Mayor Benz, with the consensus of the Council, directed staff to meet with Library representatives to discuss alternatives, and to adgendize the item if necessary to resolve the problem. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), with no exceptions, noting a dissenting vote by Mayor Benz on item 1(j). Motion Bowler, 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 Adjourned Regular Meeting held on March 30, 1999. Action: To approve the minutes of the Adjourned Regular Meeting of March 30, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16901 THROUGH 17080, NOTING VOID CHECK NOS. 16955, 17015, 17035 AND 17053. 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 MEMORANDUM REGARDING THE MARCH, 1999, FINANCIAL REPORTS. Action: To receive and file the memorandum regarding the March, 1999, Financial Reports, which will be submitted at the May 11, 1999, meeting. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 6, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of April 6, 1999, as recommended by staff. (f) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE BEACH CITIES HEALTH DISTRICT FOR THE USE OF ROOMS 5 AND 6A IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 15, 1999. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Rooms 5 and 6A in the Community Center at a rate of $951.72 per month (924 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total rental income of $11,420.64; and, 2) authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE LOS ANGELES COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES, INC. (DRS) FOR THE USE OF ROOM 6B IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 15, 1999. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Room 6B in the Community Center at a rate of $206 per month (200 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total rental income of $2,472; and, 2) authorize the Mayor to sign the lease. (h) RECOMMENDATION TO APPROVE PURCHASE OF 4X4 PICK-UP TRUCK FOR THE COMMUNITY SERVICES DEPARTMENT FROM WONDRIES FLEET GROUP OF ALHAMBRA IN THE AMOUNT OF $19,080.14. Memorandum from Police Chief Val Straser dated April 20, 1999. Action: To approve the staff recommendation to: 1. Authorize the purchase of the vehicle from Wondries Fleet Group of Alhambra, California, which holds a contract with the County of Los Angeles for the sale of this type of vehicle. (Contract # PP41624) in the amount of $ 19,080.14; and, 2. Appropriate $4,080.14 from the Equipment Replacement Fund for the purchase of one (1) new 4X4 pickup truck to replace the ten-year old animal control vehicle for the Community Services Division of the Police Department, noting that the remaining $15,000 was already appropriated from the Equipment Replacement Fund. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 20, 1999. Action: To receive and file action minutes from the Planning Commission meeting of April 20, 1999, as recommended by staff. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000 MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 99-5969; AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, THROUGH JUNE 30, 2000, AND SETTING JUNE 8, 1999, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Harold Williams dated April 19, 1999. Action: To approve the staff recommendation to: 1.SEQ OL0_0 1. Adopt Resolution No. 99-5978, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000," made pursuant to the requirements of Resolution No. 99-5969; and 2.SEQ OL0_0 2. Adopt Resolution No. 99-5979, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000 FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO," and setting June 8, 1999, to accept public input on the matter of the proposed assessment. Both resolutions were adopted as presented, noting the dissenting vote by Mayor Benz. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar for separate discussion. PUBLIC HEARINGS 4. NOMINATION OF BIJOU BUILDING FOR HISTORIC LANDMARK DESIGNATION, PURSUANT TO HISTORIC PRESERVATION ORDINANCE NO. 98-1186. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M. Action: To approve the staff recommendation to adopt Resolution No. 99-5980, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO NOMINATE THE BIJOU BUILDING AS A HISTORIC LANDMARK." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote by Mayor Benz. 1.SEQ OL0_1 1. RESOLUTION AMENDING HISTORIC PRESERVATION ORDINANCE NO. 98-1186 TO INCORPORATE THE SECRETARY OF INTERIOR STANDARDS FOR REHABILITATION AND PRESERVATION OF HISTORIC BUILDINGS, AND TO ADOPT A LIST OF MINOR ALTERATIONS. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M. Action: To approve the staff recommendation to adopt Resolution No. 99-5981, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE AMENDMENTS TO THE HISTORIC PRESERVATION ORDINANCE TO INCORPORATE THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION AND PRESERVATION OF HISTORIC BUILDINGS." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote by Mayor Benz. 6. ADOPTION OF THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15, SECTIONS 15.04 THROUGH 15.24 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated April 9, 1999. Action: At the request of City Manager Burrell, this item was postponed to the meeting of May 11, 1999. MUNICIPAL MATTERS 7. HERBICIDE USE WITHIN THE PARKS SYSTEM. Memorandum from Public Works Director Harold Williams dated April 20, 1999. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 8:15 P.M. Coming forward to address the council on this item were: Kaye Sherbak - member of VOICE and the Manhattan Beach Botanical Gardens, submitted a letter from Manhattan Beach horticulturist and garden consultant Ann Barklow volunteering her expertise and her willingness to start a task force; referred to several published case studies; submitted a citizen guidebook for reducing the use of pesticides in parks, by Greg Small of the Pesticide Watch Education Fund; urged Council to look at alternatives; David Bray - of Van Herrick's, the City's landscape contractor, said his company would support any Council decision; addressed the cost of manually pulling weeds; Fred Ekert - Target Specialty, spoke of testing and approvals of pesticides; said the EPA registers only those materials that pose minimal risk; said Roundup was non-toxic; noted that mulching can help control weeds; Jeff Duclos - 1932 Ava Avenue, said Pendulum was associated with Agent Orange and Roundup has caused cancer in animals; said chemicals by nature are toxic and should not be sprayed in parks; submitted a letter from Pesticide Watch Education Fund; said manually pulling weeds was not the only alternative; and Barry Foreman - VOICE Chairman and Manhattan Beach resident, concurred with the statements of Ms. Sherbak and Mr. Duclos; said VOICE recommends that Hermosa Beach explore cost-effective methods of controlling weeds without the use of herbicides. Public participation closed at 8:35 P.M. Proposed Action: To suspend the use of herbicides in parks and the Greenbelt and direct staff to bring back alternative methods for controlling weeds. Motion Oakes, second Edgerton. The motion failed due to the dissenting votes of Bowler, Reviczky and Mayor Benz. Action: To continue with the current herbicides program and direct staff to return in 60 days with alternatives. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. The meeting recessed at 8:55 P.M. The meeting reconvened at 9:22 P.M. 8. INSTALLATION OF MULTI-WAY STOP CONTROLS AT VALLEY DRIVE AND SIXTH STREET. Memorandum from Public Works Director Harold Williams dated April 19, 1999. At 9:25 P.M., Councilmember Reviczky and Mayor Benz stepped down from the dais and left the room due to potential conflicts of interest. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 9:25 P.M. Coming forward to address the council on this item was: Mike Flaherty - Public Works Supervisor, said he and his crew had requested consideration of this item for safety reasons; cited the curve on Valley Drive in that location and the speed of cars traveling south as well as those turning onto Sixth Street; said the Public Works vehicles were very slow. Public participation closed at 9:30 P.M. Action: To approve the installation of multi-way stop controls at the intersection of Valley Drive and Sixth Street, as recommended by staff. Motion Bowler, second Oakes. The motion carried, noting the absence of Reviczky and Mayor Benz. At 9:33 P.M., Councilmember Reviczky and Mayor Benz returned to the dais. 9. PLAN TO EXPEDITE THE REOPENING OF THE MUNICIPAL PIER - PLAN APPROVAL. Memorandum from Public Works Director Harold Williams dated April 20, 1999. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, saying they would move surfacing, lighting and landscaping into phase #1; said they could install supports (brackets, etc.) during phase #1 as well, so that utilities could easily be put in later as needed. Action: To approve the staff recommendation to: 1.Approve the attached conceptual designs prepared by the pier subcommittee and authorize staff to solicit proposals from local architectural firms to develop final construction documents and estimates. 2.Approve the attached First Amendment to Professional Services Agreement between the City of Hermosa Beach and Concept Marine Associates, Inc., to prepare plans, specifications and estimates for Phase II A Architectural Upgrades, Project No. CIP 98-621, for a fee of $55,000; 3.Authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement, upon approval as to form by the City Attorney; 4.Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary within budget; and 5.Terminate the Professional Services Agreement between the City and HLA Infrastructure; with the addition that staff design and install support features for any future utilities that might be needed. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL 1.CHAMBER OF COMMERCE - FIESTA HERMOSA: SPACE FEE FOR ADJACENT BUSINESS. Memorandum from City Manager Stephen Burrell dated April 22, 1999. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue was: Carol Duff - Chamber of Commerce, said it was a Chamber board decision to have businesses that benefit from the event help pay for it. No action was taken on this item. 1.PUBLIC WORKS COMMISSION PROPOSAL. Memorandum from City Manager Stephen Burrell dated April 22, 1999. Action: To continue this item until an ordinance has been drafted and to direct staff to continue working on the development of standards for a Hermosa Beach commission, with the assistance of Councilmember Oakes. Motion Oakes, second Mayor Benz. The motion carried by a unanimous vote. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Benz to review motorcycle parking restrictions to allow more than one per parking space. Mayor Benz spoke to his request. Action: To direct staff to review the issue and report back on various alternatives, including the option of designating a motorcycle parking area instead. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. City Manager Burrell said the Parks, Recreation and Community Resources Commission had a meeting scheduled for 8:00 A.M. Sunday, May 2, 1999, for its annual parks tour and would like the Council to join them. Councilmembers Bowler, Oakes and Reviczky said they would attend. 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: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. 1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Pursuant to Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 27, 1999, at the hour of 10:20 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:25 P.M. At the hour of 10:45 P.M. the Closed Session adjourned to the Adjourned 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, April 27, 1999, at the hour of 10:46 P.M. to an Adjourned Regular Meeting to take place Sunday, May 2, 1999, at 8:00 A.M. at Valley Park for the purpose of joining the Parks, Recreation and Community Resources Commission on its annual parks tour. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held at Valley Park on Sunday, May 2, 1999, at the hour of 8:10 A.M. ROLL CALL: Present: Oakes, Reviczky Absent: Bowler, Edgerton, Mayor Benz The purpose of the meeting was to join the Parks, Recreation and Community Resources Advisory Commissioners on their annual tour of City parks. Although there were not enough Council members present to constitute a quorum, those present did tour the parks with the Commission members. ADJOURNMENT - Due to the lack of a quorum, the Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Sunday, May 2, 1999, at the hour of 8:11 P.M., to the Regular Meeting of Tuesday, May 11, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 11, 1999, at the hour of 7:23 P.M. PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz said he saw "Ain't Misbehavin'" last week at the Community Center Theatre and it was one of the best shows he had ever seen. He wanted to thank everyone involved in that production. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Charlie Cheatham - 548 Second Street, expressed concern about the possible impacts of what will eventually replace the Edison power plant; said a cooperative effort now would avoid future problems; suggested a City liaison work with Redondo Beach to review development proposals for the site and provide ideas on mitigating negative effects; (City Manager Burrell said Hermosa Beach will be included in the review process and a presentation would be made here once a proposal has been developed, noting it would probably be a two- to three-year process; Al Bowman - Seventh Street, submitted information on Beyond Control, a local band composed of young musicians, ages 12, 13 and 14, and expressed concern that their request to perform at the fiesta had been denied; said the Measure A developers never put their promises for street improvements in writing and would not return his phone calls; said he and his neighbor had never heard of the Seventh Street Homeowners Association or its president, Carolyn Kitchen, ballot argument signer in favor of the project; urged voters to vote no on the measure; and Pete Tucker - 34th Street, expressed concern about a sandblasting project over the weekend that left his vehicle covered with dust and dirt; said notice to neighboring residents is required but he had no warning, which is often a problem with sandblast projects; said they often do not have a permit, although one is required, and that the debris is left in the street and then goes into the storm drain; requested that the Council ban sandblasting on Fridays, Saturdays and Sundays when City Hall is closed. (b) COUNCIL COMMENTS: With regard to Mr. Tucker's concern, Councilmember Bowler said a lot of work takes place on the weekends and suggested instead having a staff member on call for when problems arise. Councilmember Reviczky said staff could rotate Friday duty, noting that Public Works is on duty on Fridays. Action: Mayor Benz directed, with unanimous Council concurrence, that staff bring the issue back during budget review for consideration of staffing on Fridays to resolve the problem. Councilmember Edgerton announced that there would be a meeting on the LAX loop at 11:00 A.M. Friday, May 14, 1999, at the FAA building; said he would attend the meeting and report back at the next Council meeting. Mayor Benz commented on the briefs he read on the pending oil lawsuit. With regard to Measure A, he urged everyone to vote, saying, in his opinion, that the conversion of commercial property to residential was one of the most important issues that the City has ever faced. (c) WRITTEN COMMUNICATION: 1.SEQ OL0_0 1. Letter from Conn Flatley; President of Fat Face Fenner's Falloon, Ltd., requesting permission to utilize 2nd Floor bridge at 53 Pier Avenue for outdoor dining. Councilmember Bowler declared a potential conflict of interest due to being involved in the business and left the dais and the room at 7:43 P.M. City Manager Burrell and City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item was: Conn Flatley - spoke to his request, saying they would like to offer the benefit of outdoor dining to their customers, as the other Pier Avenue restaurants have been able to do; and Gary Vincent - vice president of Fat Face Fenner's Falloon, Ltd., said a parking plan had been submitted to the Planning Commission for review at its next meeting. Action: To (1) grant permission for the use of outdoor dining on the south bridge, thereby permitting the proposal to move forward through the required process with an application for outdoor dining; (2) direct staff to prepare an encroachment permit under the same terms and conditions as was applied to all other outdoor dining encroachment permits; and (3) direct that the applicant file all necessary applications, including a parking plan, for Planning Commission approval. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler. Action: To revisit the parking in-lieu fees and the program itself, specifically to make it more feasible for small businesses to come into town by providing them with some type of financing plan. Motion Mayor Benz, second Oakes. The motion carried, noting the absence of Bowler. Councilmember Bowler returned to the dais at 8:10 P.M. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky and (g) Bowler. 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 RECEIVE AND FILE MEMORANDUM FROM CITY CLERK REGARDING MINUTES OF THE CITY COUNCIL MEETINGS OF APRIL 13, APRIL 27 AND MAY 2, 1999. Action: To receive and file the memorandum from the City Clerk as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17081 THROUGH 17242 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 17169 AND 17203. 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 MARCH, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the March, 1999, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25159 FOR A 2-UNIT CONDOMINIUM PROJECT AT 117 & 119 LYNDON STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 28, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5982, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25159 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 117 AND 119 LYNDON STREET, HERMOSA BEACH, CALIFORNIA." (f) RECOMMENDATION TO ACCEPT AND APPROPRIATE DONATION OF $300.00 FROM HAWTHORNE SAVINGS TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE 1999 SPRING EGGSTRAVAGANZA. Memorandum from Finance Director Viki Copeland dated May 3, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donor. Action: To accept and appropriate the donation of $300.00 from Hawthorne Savings to the Community Resources Department to be used for the 1999 Spring Eggstravaganza, as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO AWARD BID TO SMITH & HAWKIN FOR THE PURCHASE OF SIXTEEN (16) TEAK BENCHES TO BE PLACED IN THE DOWNTOWN PIER PLAZA, AT A TOTAL COST OF $19,199.77. Memorandum from Finance Director Viki Copeland dated May 3, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To award the bid to Smith & Hawkin for the purchase of sixteen (16) teak benches to be placed in the downtown Pier Plaza, at a total cost of $19,199.77, as recommended by staff, and to direct staff to find an appropriate use for the benches that are removed. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE PROJECT LIST FOR THE STATE TRANSPORTATION IMPROVEMENTS PROGRAM (STIP) AUGMENTATION STORM DAMAGE FUNDING PROGRAM. Memorandum from Public Works Director Harold Williams dated May 5, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5983, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA SUBMITTING THE CITY PROJECT LIST FOR THE STATE TRANSPORTATION IMPROVEMENTS PROGRAM (STIP) AUGMENTATION STORM DAMAGE FUNDING PROGRAM." (i) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS' COMPENSATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 6, 1999. Action: To approve the staff recommendation to receive and file the Quarterly Report on Workers' Compensation. 2. CONSENT ORDINANCES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) 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. ADOPTION OF THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15, SECTIONS 15.04 THROUGH 15.24 OF THE HERMOSA BEACH MUNICIPAL CODE. (Continued from meeting of April 27, 1999.) Action: To withdraw this item and readvertise it as a Public Hearing for a meeting in June of 1999, as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. MUNICIPAL MATTERS 5. UNDERGROUNDING UTILITIES ON LOMA DRIVE & MYRTLE AVENUE. Memorandum from Public Works Director Harold Williams dated May 6, 1999. Three supplemental items from City Manager Stephen Burrell received May 11, 1999. City Manager Burrell reviewed the supplemental items, presented the staff report and responded to Council questions. He said a public meeting would be scheduled with each of the neighborhoods before July 13 to review the particulars, and at the July 13 Council meeting, the ballots would be counted as they come in an election under the provisions of Prop 218, noting that this would be the first time the City has gone through this process. He said if there is a sufficient number of votes, the project would proceed. Public Works Director Williams also responded to Council questions. Action: To (1) adopt the following resolutions for undergrounding assessment districts on Myrtle Avenue and Loma Drive, to be paid for by the property owners, and (2) direct the City Manager to execute the agreements for bond counsel and financial advisor, as recommended by staff. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Resolution No. 99-5984, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH EMPLOYING FINANCIAL ADVISOR FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)" Resolution No. 99-5985, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ORDERING THE FILING OF THE BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)" Resolution No. 99-5986, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING AND ORDERING THE FILING OF THE BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)" Resolution No. 99-5987, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH EMPLOYING BOND COUNSEL FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)" Resolution No. 99-5988, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING REPORT AND THE FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)" Resolution No. 99-5989, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING REPORT AND THE FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)" Resolution No. 99-5990, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING.)" Resolution No. 99-5991, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING.)" Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 8:30 P.M. The meeting reconvened at 8:55 P.M. 6. IMG BEACH BASH - PLAZA CONCERT BANDS. Memorandum from Community Resources Director Mary Rooney dated April 5, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: James Leitz - IMG vice president, presented a sample of the street banners that IMG would provide for placement on light poles on Hermosa and Pier avenues and on the Strand as part of their marketing plan to advertise the event. Action: To approve the Plaza concerts proposed to take place from 4:00 P.M. to 6:30 P.M. on Friday, June 11, through Sunday June 13, 1999, in conjunction with the Mervyn's Beach Bash, as recommended by staff. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. In response to Council questions, Community Director Rooney said the end of June is the target for completion of the skateboard park and that staff had been working on a great grand opening with professionals and local teams. With regard to the tennis courts, she said the delay was due to some engineering issues that required revision of the original design to fix the retaining wall. Action: To direct staff to see if Beyond Control, the local youth band, would be interested in playing at the grand opening of the skateboard park. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SB3 - CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT. Memorandum from City Manager Stephen Burrell dated April 29, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To endorse SB3 and authorize the Mayor to send a letter of support, and to direct staff to track the bill through the legislative process, as recommended by staff. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. b. PARKING STRUCTURE RETAIL GROUND LEASE - SET SPECIAL MEETING DATE OF THURSDAY, JUNE 3, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To set a special meeting for Monday, June 7, 1999 at 7:00 P.M. to review the three proposals received from developers for the ground lease. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS: UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 3, 1999. City Clerk Doerfling presented the staff report and responded to Council questions Action: To approve the staff recommendation to direct the City Clerk to immediately advertise and request applications from interested parties for two Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 1999; two Planning Commission terms that will expire June 30, 1999; and two Civil Service Board terms that will expire July 15, 1999. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 11, 1999, at the hour of 9:10 P.M. to the Adjourned Regular Meeting of Monday, May 24, 1999, at the hour of 7:10 P.M. for the 1999-2000 Fiscal Year Budget Workshop. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 24, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Fire Chief Pete Bonano ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PUBLIC PARTICIPATION: No one came forward to address the Council at this time. PRELIMINARY BUDGET REVIEW 1.Overview of Budget Changes - City Manager Burrell said the expected revenues would allow the City to meet its current service needs but not its long-term infrastructure needs. He said the legislature was considering how to split up the State surplus, largely the result of the $3.6 billion taken from cities, counties and special districts in the early 90s, and cited proposals to return some of the property tax that had been taken. He said proposed capital improvements included a number of park and street re-paving projects, and that the only proposed staff change would reclassify the position of planning intern to planning assistant. He reviewed expected revenue and addressed the potential loss of the Utility Users Tax (UUT) if the submitted initiative petition qualified for the November ballot. He said the UUT, at $1.7 million, was the City's third largest revenue source, presently representing 14 percent of total General Fund revenues. He suggested that the Council next review the capital improvement projects, noting that staff was prepared to present a small slide show. 2.Review of Capital Improvement Projects - With the use of an overhead projector, Public Works Director Williams first presented a summary of the proposed capital improvement projects and then reviewed each of the projects in greater detail. Staff was directed to: 1) report back on why the section of Gould Avenue from El Oeste to Pacific Coast Highway was not included in the slurry seal project; and 2) include in the bid specifications for the proposed Monterey Boulevard improvements (from 19th Street to Hermosa Avenue) a cost estimate for Monterey Boulevard from Herondo to Fourth Street as an alternative. Councilmember Oakes left the meeting at 8:10 P.M. City Manager Burrell and Public Works Director Williams responded to Council questions. The meeting recessed at 8:45 P.M. The meeting reconvened at 9:02 P.M. (c) Overview of Revenue Changes - The Council reviewed the revenue worksheets. Finance Director Copeland and City Manager Burrell responded to Council questions related to those worksheets. (d) Review of Department Expenditures - Rather than review the individual department budgets page by page, the Council discussed only those areas with which they had questions. City Manager Burrell responded to Council questions. City Clerk Doerfling, City Treasurer Workman, Community Resources Director Rooney, Finance Director Copeland, Fire Chief Bonano, Police Chief Straser and Public Works Director Williams were available to respond to Council questions specifically related to their departments. Staff was directed to: 1) provide information regarding the average salary and benefits for each department; 2) include in future budgets the previous year pie charts so that the changes can easily be seen; 3) provide a copy of the allocation for computer replacement charges; 4) explain the increase in Building Division salaries since the budget shows no additional personnel; 5) return with a more cost-effective alternative to the current Dial-a-Ride program; 6) explain the totals for the Insurance Fund; and 7) explain the increased insurance charges for the Police Department. City Manager Burrell announced that the grand opening for the skateboard park would be Friday, June 18, 1999. It was the consensus of the Council to direct staff to report back on the feasibility of substituting a restroom trailer for the portable restrooms at the Pier, something with lights and flush toilets, and perhaps setting it on a concrete pad just south of the old restrooms. CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, May 24, 1999, at the hour of 10:05 P.M., to the Regular Meeting of Tuesday, May 25, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 25, 1999, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Lawrence Kolb, with "Hard Copy" ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Benz Absent: Oakes (arrived at 7:23 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz announced that due to the interest from the public and the press, item 12(a), regarding bathing suit coverage, would be heard after the Written Communication item C(1) was heard. Mayor Benz said that Measure A of the Special Election of May 18, 1999, rezoning a portion of commercial property to residential, had won by a landslide vote, but that he thought that it was a bad idea, did not agree with the result of that vote, and would fight to oppose any future rezoning of commercial property. And, Mr. Benz announced that the "Grand Opening" for the Skate Track would be on Friday night, June 18, 1999, with a rock band and other entertainment. Councilmember Oakes arrived at 7:23 P.M. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Chelsee Leyshock Kathryn Anderson Jasmine Nouri All three youngsters were from the fourth grade class of Jefferson School in Redondo Beach. They submitted letters from their class requesting that the Council reconsider its decision to replace the metal benches in the Downtown Plaza with 16 teak benches. They pointed out that teak came from rainforests, depletion of which caused the destruction of the environment and threatened the habitat of many endangered species. They then suggested that the Council consider plastic, concrete or some other form of metal benches for the area. Al Bowman - Seventh Street, congratulated Mayor Benz on his outspoken comments and attitude toward beach attire and called him a true patriot for suggesting the possibility of revising certain City ordinances; introduced Gary, the President of Allure Models and Talent; Gary (last name not given) - said that he was president of a non-profit organization and suggested that ten "bikini contests" be held in Hermosa Beach with the proceeds paying for affordable housing, throughout the county, for needy artists; Action: To send this proposal to the Parks, Recreation and Community Resources Advisory Commission for its consideration. Motion Mayor Benz, second Bowler. The motion carried, noting the dissenting votes of Oakes and Reviczky. Continuing to come forward to address the Council were: John Hales - Eighth Place, thanked the Council for the flashing red light stop signs that finally had been installed at the intersection of Pier Avenue with Valley Drive and Ardmore Avenue; Travers Devine - said that he had to take the rare opportunity to agree with Mayor Benz in trying to eliminate outdated laws; felt that topless bathing suits for everyone might be a bit extreme, but commended Mr. Benz for figuring out a way to get the media to pay attention to Hermosa Beach; and, Shawn Moonan - said that he felt that the suggestion for any type of public nudity was bad for the City and offensive to its residents and particularly to its children. (b) COUNCIL COMMENTS: Councilmember Reviczky asked the citizens to take notice of the United States flags that had been hung from the light standards on the main streets of the City for Memorial Day, adding that it gave him a sense of pride. Mr. Reviczky also announced that the Hermosa Beach Fire Fighters were having their annual "All You Can Eat" pancake breakfast on Sunday, May 30, 1999, from 7:30 A.M. until noon with prices of $4.00 for adults and $2.00 for children and includes music and entertainment. Councilmember Edgerton related a recent meeting with FAA staff at which the FAA said that recently developed software confirmed that flights had been routed over South Bay Cities and said that in the future flights would be moved north to eliminate the noise to the local residential communities. (c) WRITTEN COMMUNICATION: 1. Letter from Jim Lissner requesting that the City Council appeal the decision of the Planning Commission approving a CUP to allow FFFFishack to expand into the former law office at 53 Pier Avenue. Action: To receive and file the letter. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. At 7:43 P.M. the order of the agenda was suspended to go to item 12(a) under "Other Matters - City Council". 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (k) Bowler Motion Bowler, second Oakes. The motion carried by a unanimous vote. Further Action: After the consent calendar had been approved by the Council in item 1, later in the evening, a motion to reconsider and remove item, 1(j), was made by Mayor Benz and seconded by Councilmember Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. The meeting recessed at the hour of 7:56 P.M. The meeting reconvened at the hour of 8:20 P.M. and suspended the order of the agenda to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on April 13, 1999. Action: To approve the minutes of the Regular Meeting of April 13, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17243 THROUGH 17408 INCLUSIVE, NOTING VOID CHECK NO. 17354, AND TO APPROVE CANCELLATION OF CHECK NO. 17182 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the April, 1999, Financial Reports as presented. 1.RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 17, 1999. Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: 1) Claimant: Burch, Judy; Dennis, Dan Date of Loss: 04/04/99 Date Filed : 04/28/99 Allegation : Property damage by tree and faulty power line And, noting the following resolved claim: 1) Claimant: March, Dana Date of Loss: 03/31/99 Date Filed: 04/12/99 Damage: Improper disposal of personal property Disposition: City reimbursed claimant for property in the amount of $833. (f) RECOMMENDATION TO ACCEPT THE WORK BY SULLY-MILLER CONTRACTING COMPANY ON CIP 98-142, MONTEREY BLVD. STREET IMPROVEMENTS-PIER AVENUE TO 19TH STREET, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Memorandum from Public Works Director Harold Williams dated May 17, 199 Action: To approve the staff recommendation to accept the work by Sully-Miller Contracting Company, of Anaheim, on CIP Project No. 98-142, Street Improvements, and authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion), and noting that the project was completed under budget with savings to the City of $3,004.42. (g) RECOMMENDATION TO APPROVE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND AAE, INC. IN THE AMOUNT OF $34,056 FOR CONSULTING ENGINEERING SERVICES FOR THE RECONSTRUCTION OF THE STRAND BIKEWAY AND PEDESTRIAN WALKWAY BETWEEN 24TH STREET AND 35TH STREET. Memorandum from Public Works Director Harold Williams dated May 18, 1999 Action: To approve the staff recommendation to: 1.Approve the agreement between the City of Hermosa Beach and AAE, Inc. for a fee of $34,056; 2.Authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney; and, 3.Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary within budget. (h) RECOMMENDATION TO APPROVE LEASE AGREEMENT WITH THE COMMUNITY CENTER FOUNDATION FOR THE USE OF ROOM C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Community Center Foundation and the City for the use of Room C in the Community Center at a subsidized rate of $321.36 per month (312 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total subsidy of $3,856.32; and, 2) authorize the Mayor to sign the lease. (i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE BY CENTURY VALLEY CORPORATION TO CENTURY-TCI CALIFORNIA, LIMITED PARTNERS. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5992, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE AGREEMENT BY CENTURY VALLEY CABLE CORP. TO CENTURY-TCI CALIFORNIA, L.P." (j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 17, 1999. Action: After the consent calendar had been approved by the Council in item 1, a motion to reconsider and remove this item, 1(j), was made by Mayor Benz and seconded by Councilmember Bowler. The motion carried by a unanimous vote. Councilmember Edgerton requested the removal of item 7, CUP 98-9, denial by the Planning Commission to add a dancing area and live entertainment at 1100 The Strand, "Scotty's" for a Council review and reconsideration. Upon being informed that the appellant had already requested and paid for an appeal, the Council request was withdrawn. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of May 17, 1999. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 FOR THE COMMUNITY CENTER TENNIS COURT PROJECT FOR $59,250. Memorandum from Public Works Director Harold Williams dated May 19, 1999 This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting, due to a concern with cost overruns. Mr. Bowler requested that, in the future, staff make a more thorough cost estimate for presentation to the Council before going out to bid. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: 1.Approve the attached Supplemental Agreement No. 1 for the Community Center Tennis Court Project, CIP 98-526, for $59,250; and, 2.Authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement; and 3.Appropriate $59,250 to CIP 95-620 from 126 4% UUT Tax. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 1.RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE QUITCLAIM OF STORM DRAIN EASEMENT FOR THE FORMER PIER AVENUE (NEXT TO GREENWOOD PARK AND RALPH'S SHOPPING CENTER) TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. Memorandum from City Manager Stephen Burrell dated May 18, 1999. Action: To adopt Resolution No. 99-5993, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO EXECUTE A CERTAIN QUITCLAIM OF STORM DRAIN EASEMENT. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL OF THE PUBLIC WORKS DEPARTMENT DENIAL OF AN ENCROACHMENT PERMIT FOR A SIX FOOT FENCE RATHER THAN A 42" FENCE ON MONTEREY BLVD. (APPROXIMATELY 2150 MONTEREY) THAT IS ON THE REAR PROPERTY OF 2150 CIRCLE DRIVE. Memorandum from Public Works Director Harold Williams dated May 17, 1999. Supplemental letter from Geofrey S. Yarema, 2160 Monterey Blvd. received May 24, 1999. Thirty-one supplemental letters received May 25, 1999. Public Works Director Williams presented the staff report and responded to Council questions and said that the Public Works Inspector had told the owner that a six-foot fence was not allowed within the City right-of-way. The public hearing opened at 8:25 P.M. Coming forward to address the Council on this item was: Cheryl Vargo - representing the owner, said that the six foot fence was needed for the safety and protection of his children, to keep car headlights from shinning in and for privacy; said this was a street to street property and that the fence was in his back yard; and said that he had been told that the fence was legal as this was his back yard. Community Development Director Sol Blumenfeld responded to Council questions by saying the fence had been red-tagged by the building inspector. Continuing to come forward to address the Council on this item were: Tony Fitzgerald - 2059 Monterey Blvd., spoke in favor of a variance as the six-foot fence allowed the property owners more privacy; Marsha Majka - 2204 Monterey Blvd., said that her home was directly across the street from this property and that she would like to see consistency for the fence heights along the street; said that this property had never had a six-foot fence; spoke in opposition to allowing a variance; Bob Essertier - 2218 Park Avenue, said that consistency was the main issue; felt that to allow this fence to remain would set a precedent for other homes in construction on the street; said that the owner had violated the law and should not be rewarded for it; Lee Hennis - 2216 Monterey Blvd., urged the Council to approve the staff recommendation and lower the height of the fence to make it more compatible with the neighborhood; Marsha Halford - 2214 Monterey Blvd., said the six-foot fence made Monterey look like an alley street and that it made it very difficult for the neighbors to back out of their driveways as the fence height blocked their view; said that the fence should not be allowed as it was against the law; Roger Creighton - 1070 Third Street, said that the Council should adhere to the law and should be consistent; Margaret Harrell - 514 24th Street, spoke in opposition to a variance; said the fence looked like the Berlin wall and would set a precedent; submitted a photo collage of the houses on the street to Council and asked that they not reward this action; and, Michael Mulligan - 2150 Circle Drive, appellant, said that this fence was needed for the safety of his young children. The public hearing closed at 8:47 P.M. Action: To deny the appeal and to approve the staff recommendation to order the property owner of 2150 Circle Drive, Mr. Michael Mulligan, to remove the newly erected 6-foot high wood fence on the rear of the property on Monterey Boulevard that is within the City right-of-way and replace it with a fence no more than 42" high. Motion Reviczky, second Oakes. AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None MUNICIPAL MATTERS 5. THIRD STREET/OCEANVIEW BARRICADE. Memorandum from City Manager Stephen Burrell dated May 18, 1999. Fifty-eight supplemental responses received May 25, 1999 City Manager Burrell presented the staff report and responded to Council questions. Public Works Director Williams also responded to Council questions. Public participation opened at 9:05 P.M. Coming forward to address the Council on this item were: Paul Daurio - 402 Ocean View, said that surveys had been sent to 110 households, with 50 returned; of those fifty, 35 were in favor of closing Ocean View at Third Street, 12 were in favor of access onto Third Street and two had no opinion; said that the Council had to weigh the safety of neighborhood children versus a few minutes convenience; Janet Taranto - 906 Third Street, spoke in favor of retaining the closure of Ocean View at Third Street and creating a small park out of lot 21; Henderson Webb - 847 Third Street, said that the portion of Ocean View that is Lot 21 is still on the City maps as a building lot; said that he favored closing Ocean View at Third Street; Matt Richardson - 417½ Ocean View, said that he represented 20 people who wanted Ocean View to return to an open street; said that he and the others were concerned with safety for the neighborhood children but did not believe that this was the way to achieve it; asked for a traffic study and better parking enforcement to keep cars from blocking the sidewalks; Terry Maggay - 914 Third Street, said that a neighbor child had been hit by a car in the street; favored closing Ocean View; John Scanlon - 915 Third Street, asked the Council to stick with its decision to close Ocean View; said that it was a question of safety versus convenience; Roger Creighton - 1070 Third Street, said that the question should be better law enforcement; said that neither barricades nor speed bumps would slow traffic without heavy police enforcement; Allen Leslein - 843 Third Street, spoke in favor of closing Ocean View; Barbara Schoonover - 439 Ocean View, said that safety on Third Street had never been an issue and the barricades would not stop speeders on Third Street; Anthony Libutti - 933 Third Street, said that the children should play in parks, not in the street; said barricades just moved the problem to some other street; Karen Melkus - 925 Third Street, said that speed is the problem on Third Street and suggested stop signs as a means to slow traffic; and, Terri Thomas - 1016 Third Street, in favor of closing Ocean View; said it would decrease speed and be visually pleasing. Public participation closed at 9:30 P.M. Proposed Action: To remove the barricades at Ocean View and Third Street, allow traffic to return to its former pattern, but, keep the barricades at the bottom of the hill on Third Street near Pacific Coast Highway. Motion Mayor Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky. Action: To approve the permanent closure of Ocean View at Third Street, maintain the barricades at he bottom of Third Street, and direct staff to have the Park, Recreation and Community Resources Advisory Commission consider the type of park that could be maintained on the area of Lot 21. Motion Oakes, second Reviczky. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz. The meeting recessed at the hour of 9:45 P.M. The meeting reconvened at the hour of 10:18 P.M. and suspended the order of the agenda to go to item 7. 6. SURFERS' WALK OF FAME. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999 Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:25 P.M. Coming forward to address the Council on this item was: Roger Bacon - 1100 Pacific Coast Highway, asked that the plaques be placed on the Plaza running north and south just below the Strand, between Hennessey's and the Mermaid; asked to be allowed to continue the banner program to fund the money to redo the statue of Tim Kelly that stands at the Pier as it was made of fiberglass and was now falling into disrepair. Public participation closed at 10:45 P.M. Action: To approve the Pier, rather than the Plaza, as the location for the "Surfers' Walk of Fame". Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. Further Action: To retain the use of banners across Pacific Coast Highway as a means of raising money for the surfers' fund. Motion Edgerton, second Mayor Benz. The motion carried, noting the dissenting votes of Bowler and Reviczky. Final Action: Mayor Benz directed, with the consensus of the Council, that staff prepare templates of the plaques in order for the Council to determine an appropriate size for the finished plaques. 1.ALOHA DAYS COMMITTEE: REQUEST FOR APPROVAL OF "ALOHA DAYS" LONGBOARD SURF CONTEST AND HAWAIIAN FESTIVAL. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:22 P.M. Coming forward to address the Council on this item was: Abel Ybarra - representing Aloha Days, responded to Council questions and said that the lovely dancers would return for the event, as well as male dancers, and would also perform at the Fiesta Hermosa this week-end; asked the Council to include Prop. A funds for shuttle service. Public participation closed at 10:25 P.M. Action: To approve the staff recommendation to: 1.Approve the request from the Aloha Days Committee to hold a longboard surf competition and "Aloha Days" celebration on Saturday, August 14, 1999; 2.Approve the event contract; and, 3.Approve fee waivers and reductions including Prop. A funding to pay for event shuttle service. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. At the hour of 10:30 the order of the agenda went to item 6. APPLICATION FOR COMMERCIAL EVENT: LOS ANGELES RUGBY CLUB, MAKAI EVENTS. Memorandum from Community Resources Director Mary Rooney dated May 17, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:58 P.M. Coming forward to address the council on this item were: Robbie Thain - Event operator for Makai Events, said that they did not anticipate a large viewing crowd for seven on seven rugby teams, but rather that this was a participant sport; and said that they had requested the north side of the pier as they thought that it would be less disruptive. Public participation closed at 11:00 P.M. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the event application and contract for Makai Events, Los Angeles Rugby Club, for August 7-8, 1999, with estimated fees of $7,065.60 Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 1.SEQ OL0_6 1. PARKING IN-LIEU PROGRAM FEE INCREASE AND PAYMENT PROGRAM. Memorandum from City Manager Stephen Burrell dated May 19, 1999. Councilmember Bowler declared a potential conflict of interest due to being an owner of a business that could be affected by this item and left the dais and the room at the hour of 11:03 P.M. City Manager Burrell presented the staff report and responded to Council questions. ACTION: To direct staff to return with a resolution allowing the purchase of in-lieu parking spaces at the cost of $12,500 per space, all monies due up-front with no time-payment consideration. Motion Edgerton, second Oakes. The motion carried, noting the absence of Bowler Councilmember Bowler returned at the hour of 11:32 P.M. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Benz to consider the elimination of the restrictions on bathing suits (HBMC Section 9.04.020(B), specifically as it pertains to "thong" style bikinis and bikini tops for women. Mayor Benz spoke to his request. Action: To direct staff to put Council consideration of unenforced or obsolete ordinances on a future agenda. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. At the hour of 7:54 P.M. the order of the agenda was returned to item 1. CITIZEN COMMENTS No one came forward to address the Council at this time. The scheduled closed session items were continued to the regular meeting of June 8, 1999. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 25, 1999, at the hour of 11:35 P.M. to the Adjourned Regular Meeting of Tuesday, June 2, 1999, at the hour of 6:30 P.M. for the purpose of certifying the election of May 18, 1999. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 1, 1999, at the hour of 6:30 P.M. ROLL CALL: Present: Bowler, Reviczky, Mayor Benz Absent: Edgerton, Oakes PUBLIC PARTICIPATION: No one came forward to address the Council at this time. 1.CANVASS OF VOTES FOR THE SPECIAL MUNICIPAL ELECTION OF MAY 18, 1999. Memorandum from City Clerk Elaine Doerfling dated May 27, 1999. City Clerk Doerfling presented the staff report. Action: To approve the staff recommendation to adopt Resolution No. 99-5994, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, MAY 18, 1999, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Councilmembers Oakes and Edgerton. CITIZEN COMMENTS: No one came forward to address the Council at this time. ADJOURNMENT - The Adjourned Regular Meeting was adjourned at 6:33 P.M. to the Adjourned Regular Meeting of Monday, June 7, 1999, at 7:10 P.M., for the purpose of interviewing applicants for the downtown parking structure retail ground lease. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, June 7, 1999, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE: Julie Oakes, Councilmember ROLL CALL: Present: Oakes, Reviczky, Mayor Benz Absent: Bowler, Edgerton PUBLIC PARTICIPATION: No one came forward to address the Council at this time. 1.REVIEW OF CITY APPRAISAL OF OFFICE/RETAIL SPACE AT THE EASTERN SIDE OF THE DOWNTOWN PARKING STRUCTURE. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions, noting that the expectation was that the building shell would be completed by January of 2000, but the building would not be occupied until June of 2000. He also corrected the staff report by saying that item seven of the staff recommendation should read west wall rather than east wall. Mr. Blumenfeld noted that two of the design presentations were requesting encroachments for the building, while all three asked for encroachments for dinning seating, and that all three projects envisioned first floor retail with upper floor(s) as office space. City Manager Stephen Burrell responded to Council questions saying that some issues only come up with the final design of the building and can not be determined at this time. And, that office space lease is in the $1.50 to $2.00 range while retail space goes for $2.50 to $2.80 per square foot. Coming forward to address the Council was: Jeffrey Nagasaki - Lea Associates, explained the data that contributed to his appraisal; said that he had used five comparable sites and calculated that the figure of $130 per square foot of land would bring the annual fixed rental to $28,000; responded to Council questions. 2. GROUND LEASE DEVELOPMENT TEAM PRESENTATIONS: 1.GANGI DEVELOPMENT: Frank Gangi, President, explained that this was a family-run company, with a family member overseeing each aspect of the construction/management phase of the business. He said that their proposal was a public/private partnership that offered the City a $24,000 per year minimum base ground lease based on a percentage lease of 20% of gross sales. He also said that his company was looking for an eleven-percent return on its investment. Mark Gangi, Architect, showed a scale model of the proposal and several renderings. He said that their design was for a two-story project with three bays on either side of a central entrance/elevator. Mr. Gangi said that the design was meant to be similar to the Bijou building to the south, but not an imitation. He said that they had decided on two stories rather than three to allow high ceilings on the retail ground floor that would make the space more desirable. Mark Gangi said that emergency exits could be provided into the parking structure, if needed. He said that the roof of the project had been designed to replicate the ocean's swell with the copper clad vaults obtaining a blue-green patina as they aged, and, noted the southerly outdoor trellis area for shade and banner display. 2.PEHA ASSOCIATES/TRIWELL PROPERTIES: Jim Wellbaum, Triwell Properties, said that he thought the combination of a property management company with a local architect was the perfect combination for this project. Mr. Wellbaum stressed his firm's experience and cited the Club Sushi building retrofit and remodel as an example of his partnership with Mr. Peha. He said that they anticipated paying an annual fixed ground lease sum of $18,000 with five-year CPI adjustments. Larry Peha, architect, Peha and Associates, showed renderings of the proposed project and noted the exterior design elements that would correspond with the design of the Bijou building to the south. Mr. Peha said that this project would be three stories; have the main entrance on the south end of the building; and, asked for a two-foot plus air-space encroachment into the City right-of-way for the second and third floors. 3.ROGER BACON: Roger Bacon, Ralphs Shopping Center, introduced his son who would be the property manager, his daughter who would be the interior designer; Henry Friel who was the project architect; and, various people who had expressed an interest in leasing a portion of the project. Henry Friel, architect, showed a scale model of the proposed building and said that it would be three stories with precast exterior panels that replicated the grid pattern of the parking structure. Mr. Friel also said that there would be copper clad planters on the front, tinted glass windows, skylights on the top floor, entrances on both the north and south of the building, all steel construction with double staggered walls and sculpted dolphins on the front of the building. Roger Bacon said that the top floor would house a radio broadcast booth that would be cantilevered over the City right-of-way and submitted information from KIIS-FM expressing interest in the proposal. Mr. Bacon said he would pay an annual fixed ground lease sum of $19,000. Action: After Council discussion, the motion was to approve the staff recommendation to: 1.Select the development team of Peha & Associates & Triwell Properties for the property ground lease; 2.Direct staff to negotiate terms for ground lease with selected development team; 3.Require a ground lease term of 50 years; 4.Require a ground lease value commensurate with the fair market appraisal for the property; 5.Require that the public sidewalk adjacent the project site be improved with special paving and landscaping consistent with the Lower Pier Avenue streetscape; 6.Require reimbursement of $2,500 for a lateral sewer line serving the subject property, currently being installed in connection with parking structure construction; and, 7.Require that the exterior of the west wall of the project be contiguous with the exterior of the parking structure and finished and painted to match the parking structure interior. Motion Oakes, second Mayor Benz. The motion carried, noting the dissenting vote of Reviczky and the absence of Bowler and Edgerton. CITIZEN COMMENTS: No one came forward to address the Council at this time. ADJOURNMENT: The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, June 7, 1999, at the hour of 9:08 P.M. to the Regular Meeting of Tuesday, June 8, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 8, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Andy McGinty ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS - Mayor Benz announced that the Hermosa Beach Community Center Foundation would be having a "Support the Arts in Hermosa Beach" fundraiser, featuring wine-tasting, hors d'oeuvres, art and live entertainment, silent auction and raffle, to be held Friday, June 11, 1999, from 6 P.M. to 9 P.M. in the garden at Barnaby's Hotel at 3501 Sepulveda Boulevard in Manhattan Beach. CLOSED SESSION REPORT FOR MEETING OF MAY 25, 1999: Meeting was continued to June 8, 1999. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Daniel Rivelle - Seventh Street, expressed pleasure with the Pier renovations but was concerned about the dangers on the Strand; noted that bicycles were not allowed on sidewalks and should not be on the City's boardwalk; Jenny J. - Penthouse magazine model, spoke in favor of allowing topless bathing suits at the City's beach; referred to breasts as a celebration of motherhood; Name Indistinct - said that there were ridiculous laws on the books in all cities, but felt "if it's not broken, don't fix it"; Carol Duff - Chamber of Commerce, presented a check to the City in the amount of $7,325 for the fiesta vendor fees; and Shawn Moonan - Hermosa Beach, spoke to bathing suit regulations, saying that beaches should be for G-rated audiences; asked that Council members set an example and be positive role models for the children of the community. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATIONS 1. Letter from John Heltebrake requesting removal of the barricade on 24th Street, just west of Pacific Coast Highway. Action: To receive and file. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. 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: (a) Reviczky, (g) Reviczky, and (h) Edgerton. 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. At 7:50 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on April 17, 1999; 2) Minutes of the Adjourned Regular meeting held on May 2, 1999; 3) Minutes of the Regular meeting held on May 11, 1999; 4) Minutes of the Regular meeting held on May 25, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To 1) approve as presented the minutes of the regular meeting of April 17, 1999; 2) approve as presented the minutes of the adjourned regular meeting of May 2, 1999; 3) approve as presented the minutes of the regular meeting of May 11, 1999; and 4) approve the minutes of the regular meeting of May 25, 1999, with the following amendment: page 9980, paragraph 2, change "Action" to "Proposed Action" and reflect that the motion failed, with Edgerton casting the third dissenting vote. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17409 THROUGH 17567, NOTING VOID CHECK NOS. 17435, 17472 AND 17501, AND TO APPROVE CANCELLATION OF CHECK NOS. 16878 AND 17320, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25094 FOR A 2-UNIT CONDOMINIUM PROJECT AT 850 7TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 27, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5995, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OIF FINAL PARCEL MAP #25094 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 850 7TH STREET, HERMOSA BEACH CALIFORNIA." e.RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25252 FOR A 2-UNIT CONDOMINIUM PROJECT AT 1010 FIRST STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 27, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-5996, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25252 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1010 FIRST STREET, HERMOSA BEACH, CALIFORNIA." (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 4, 1999. Supplemental minutes received June 7, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of May 4, 1999. (g) RECOMMENDATION TO ADOPT RESOLUTION SETTING THE FEE FOR THE PARKING IN LIEU PROGRAM. Memorandum from City Manager Stephen Burrell dated June 3, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. At 8:25 P.M., Councilmember Bowler left the dais and the room at due to a potential conflict of interest. City manager Burrell responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 99-6001, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A FEE IN LIEU OF PROVIDING REQUIRED PARKING SPACES IN ACCORDANCE WITH THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler. (h) RECOMMENDATION TO SET TUESDAY, JULY 13, 1999 AS A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE SECTION 9.04.020. Memorandum from City Manager Stephen Burrell dated June 3, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City manager Burrell responded to Council questions. Proposed Action: To drop the item and not consider a Code amendment at this time. Motion Oakes, second Edgerton. The motion failed, noting the dissenting votes of Bowler, Reviczky and Mayor Benz. Action: To direct that Mayor Benz work with the City Manager on a list of all antiquated laws that should be purged from the Municipal Code, and that the list be brought back to the Council for review and the scheduling of a public hearing to consider all items. Motion Oakes, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE RENEWAL OF THE COOPERATION AGREEMENT WITH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION AND AUTHORIZE THE CITY MANAGER TO SIGN THE COOPERATION AGREEMENT FOR THE MAYOR. Memorandum from Community Development Director Sol Blumenfeld dated June 3, 1999. Action: To approve the staff recommendation to: 1.agree by minute order to renew the Cooperation Agreement with the Los Angeles County Community Development Commission (CDC); and 2.authorize the City Manager to sign the Cooperation Agreement for the Mayor. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(a), (g) 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. 1999-2000 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. a. ADOPTION OF 1999-2000 BUDGET. Memorandum from Finance Director Viki Copeland dated May 25, 1999. Supplemental information from Finance Director Copeland received June 8, 1999. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M. Action: To approve the staff recommendation to: 1.receive and file the questions and answers from the May 24, 1999 Budget Workshop; 2.direct the City Manager to sign an amended contract for the City Prosecutor; and 3.adopt Resolution No. 99-5997, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1999-2000." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. b. ADOPTION OF 1999-2000 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated May 27, 1999. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M. Action: To approve the staff recommendation to adopt Resolution No. 99-5998, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1999-2000." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 5. ADOPTION OF THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15, SECTIONS 15.04 THROUGH 15.24 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated May 17, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:57 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:57 P.M. Action: To approve the staff recommendation to: 1) adopt Resolution No. 99-5999, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NOS. 99-1192 AND 99-1192U, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS," 2) waive full reading and adopt Urgency Ordinance No. 99-1192U, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPARISING THE 1998 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOF THE ABATEMENT OF DANGEROUS BUIDLINGS; AMENDING SAID CODES, AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF," and 3) waive full reading and introduce Ordinance No. 99-1192, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUIDLING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; ;PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFOLRNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 6. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 1999-2000. Memorandum from Public Works Director Harold Williams dated June 1, 1999. Public Works Director Williams presented the staff report and responded to Council questions. The public hearing opened at 8:02 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:02 P.M. Action: To approve the staff recommendation to adopt Resolution No. 99-6000, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1999, AND ENDING JUNE 30, 2000, IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000." Motion Oakes, second Reviczky. The motion carried by a unanimous vote. MUNICIPAL MATTERS 7. IMG BEACH BASH PLAZA CONCERT BANDS. Memorandum from Community Resources Director Mary Rooney dated June 1, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 8:15 P.M. Coming forward to address the Council on this item was: James Leitz - IMG vice president, responded to Council questions and apologized for the change in bands at this late date. Public participation closed at 8:18 P.M. Action: To approve the proposed Plaza concerts from 4:00 P.M. to 6:30 P.M. Friday, June 11, 1999, through Sunday, June 13, 1999, in conjunction with the Mervyns' Beach Bash, as recommended by staff. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 8:20 P.M. the order of the agenda returned to item 3. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None 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. APPROVAL OF CLOSED SESSION MINUTES: 1.Minutes of meeting held on March 23, 1999; 2.Minutes of meeting held on April 13, 1999; 3.Minutes of meeting held on April 27, 1999; and 4.Minutes of meeting held on May 25, 1999. 2.CONFERENCE WITH LEGAL COUNSEL: Existing Litigation, Pursuant to Government Code Section 54956.9(a) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 8, 1999, at the hour of 9:05 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:20 P.M. At the hour of 10:10 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 8, 1999, at the hour of 10:11 P.M. to the Regular Meeting of Tuesday, June 22, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 22, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Geneva Oakes ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Benz Absent: Edgerton OUTGOING MAYOR'S COMMENTS: Mayor Benz said it had been an eventful year for him, with the greatest highs (his marriage) and lows (the loss of friends like Frank Boccato) he has ever had. He said he had a lot of fun and enjoyed his term as mayor, that he appreciated the opportunity to serve and was very humbled to be part of this unique community, made so great because of the people and their volunteerism. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: A. Designate Mayor for a term ending April 11, 2000. Action: To designate Julie Oakes as Mayor for a term ending April 11, 2000. Motion Mayor Benz, second Bowler. The motion carried, noting the absence of Edgerton. B. Designate Mayor Pro Tempore for a term ending April 11, 2000. Action: To designate J.R. Reviczky as Mayor Pro Tempore for a term ending April 11, 2000. Motion Benz, second Bowler. The motion carried, noting the absence of Edgerton. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Memorandum from City Clerk Elaine Doerfling dated June 14, 1999. Action: 1) To appoint Mayor Oakes to the Los Angeles County - City Selection Committee; 2) to appoint Mayor Oakes to the South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Reviczky as alternate director; and 3) to appoint Mayor Oakes to the Inglewood Fire Training Authority, and Mayor Pro Tempore Reviczky as alternate. Motion Bowler, second Benz. The motion carried, noting the absence of Edgerton. D. Reorganization of remaining list of City Council Committee Assignments. Action: To postpone all other committee assignments to the regular meeting of July 13, 1999. Motion Reviczky, second Oakes. The motion carried, noting the absence of Edgerton. E. Presentation of Plaque to Outgoing Mayor by Newly Appointed Mayor. Mayor Oakes presented a plaque of appreciation to outgoing Mayor Benz and thanked him for his service and for being a consistent voice on the Council. INCOMING MAYOR'S COMMENTS: Mayor Oakes thanked her husband, Lee, for his strength, wisdom and support, and her daughter, Geneva, who often accompanies her in her duties. She said this has been a very productive City Council, citing some of its achievements, and thanked everyone for the opportunity to serve a second term as Mayor. She said she looked forward to welcoming in the new millennium and said she would continue to work to improve the aesthetic qualities, viability and livability of the community. PRESENTATION: CERTIFICATE OF RECOGNITION TO JUSTIN PALMER FOR WINNING THE HERMOSA BEACH MILLENNIUM LOGO DESIGN COMPETITION At the request of Mayor Oakes, Community Resources Director Rooney spoke of the City's millennium logo design competition, noting that all the youngsters in the community and students at Hermosa Valley School were invited to participate. She said the logo would be used on all the advertisements, banners and the brochure to celebrate the millennium, noting that the community celebration will include dedicating the millennium walkway and the New Year's Eve event. Mayor Oakes presented a certificate of recognition to Justin Palmer, winner of the Hermosa Beach millennium logo design competition. She also presented him with a $200 savings account certificate donated by Hawthorne Savings. The meeting recessed at 7:35 P.M. The meeting reconvened at 8:00 P.M. MAYOR/COUNCIL ANNOUNCEMENTS: Mayor Oakes announced that a hazardous waste roundup was scheduled for Saturday, July 10, 1999, from 9 A.M. to 3 P.M. at American Honda, 1919 Torrance Boulevard, Torrance. Councilmember Benz thanked everyone who attended the opening of the skateboard track. Mayor Oakes concurred, noting it was a wonderful event and she was proud to see it so successful. CLOSED SESSION REPORT FOR MEETING OF JUNE 8, 1999: No reportable actions. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned the placement of tables on the bridge outside the Fishack restaurant during the three-day Memorial Day weekend, since outside dining had not yet been approved; also questioned the parking requirements for the site; requested that consent calendar item 1(j) be pulled; Lauren Gezurian - 833 14th Street, suggested that the Council consider screening the east side of the chain link fence of the skateboard park to act as a sound barrier and a security measure; said the park should be enclosed on three sides, leaving the south side open for seating; Joyce Howe - Hermosa Beach, expressed concern about the safety of skateboarders, saying they were skating across Pier Avenue and in the Von's Plaza parking lot without regard for traffic; suggested a police presence outside the skateboard park to ticket jaywalkers; and Mordy Benjamin - 14th Street, said the skateboard park was an attractive nuisance; said there was a steady flow of skateboarders traveling down his street from Ocean Drive; said half of the people at the park did not wear helmets and thought the park should be carefully monitored. (b) COUNCIL COMMENTS: Councilmember Bowler said plans were already afoot by staff to move the screens and said there has been a police presence to enforce safety rules. Councilmember Reviczky suggested signage advising that jaywalking was against the law and that citations would be issued. He said the City would do its part, but that the skateboarders were in control of their own destiny. (c) WRITTEN COMMUNICATION 1. Letter from Roger Creighton regarding testimony of Don Macpherson, Jr. before the Subcommittee on Oversight, of the House Committee on Ways and Means. Action: To receive and file. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 2. Letter from Roger Creighton requesting removal of Oceanview/Third Street barricades. Action: To direct staff to respond to the letter. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 3. Letter from Our Town Productions requesting waiver of film permit fees. Coming forward to address the Council at this time was: Mariellen Kelseaux - Monterey Boulevard, spoke to her letter, saying this was a non-profit organization; said this would be a film about Hermosa Beach and that any proceeds would go to local charities within the City Action: To approve the request to allow filming in the City on the designated weekend dates of July 10-11, July 18, July 25-26, and August 7-8, and to waive the film permit fees on those designated days of filming, with the understanding that all other requirements, including the filing of all permit applications, must be complied with. Motion Bowler, second Benz. The motion carried, noting the absence of Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (s), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (j) Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. At 8:30 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1.Minutes of the Adjourned Regular Meeting held on May 24, 1999; 2.Minutes of the Adjourned Regular Meeting held on June 1, 1999; and 3) Minutes of the Adjourned Regular Meeting held on June 7, 1999. Action: To approve the minutes of the Adjourned Regular Meetings of May 24, 1999, June 1, 1999, and June 7, 1999, as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17568 THROUGH 17674, INCLUSIVE. Action: To ratify the check register as presented. (Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY, 1999, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the May, 1999, Financial Reports as presented. (Edgerton absent) (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24978 FOR A THREE-UNIT CONDOMINIUM PROJECT AT 1224 LOMA DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated June 1, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6002, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24978 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 1224 LOMA DRIVE, HERMOSA BEACH, CALIFORNIA." (Edgerton absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 1, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of June 1, 1999. (Edgerton absent) (g) RECOMMENDATION TO RECEIVE AND FILE ANNUAL TAXICAB REPORT. Memorandum from Police Chief Val Straser dated June 14, 1999. Action: To receive and file the annual taxicab report, as recommended by staff. (Edgerton absent) (h) RECOMMENDATION TO APPROVE CONSULTING ENGINEERING AGREEMENT WITH DMR TEAM, INC. FOR A FEE OF $20,090 FOR THE RESURFACING OF HERMOSA AVENUE BETWEEN PIER AVENUE AND 16TH STREET PROJECT NO. CIP 95-150. Memorandum from Public Works Director Harold Williams dated June 14, 1999. Action: To approve the staff recommendation to: 1.Approve the agreement between the City of Hermosa Beach and DMR Team, Inc. for a fee of $20,090; 2.Authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney; and 3.Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary within budget. (Edgerton absent) (i) RECOMMENDATION TO ACCEPT THE WORK BY JOHN S. MEEK COMPANY, INC. ON CIP PROJECT NO. 95-620, HERMOSA BEACH PIER RENOVATION, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Memorandum from Public Works Director Harold Williams dated June 14, 1999. Action: To approve the staff recommendation to accept the work by John S. Meek Company, Inc. of Wilmington, CA, on CIP Project No. 95-620, Hermosa Beach Pier Renovation, and authorize final payment to the Contractor (10% retained for 35 days following filing of Certificate of Completion). (Edgerton absent) (j) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR THE STREET REHABILITATION - SLURRY SEAL, CIP #98-141, TO PAVEMENT COATING COMPANY OF CYPRESS IN THE AMOUNT OF $79,674.78. Memorandum from Public Works Director Harold Williams dated June 14, 1999. This item was removed from the consent calendar by Mayor Oakes (at the request of Shirley Cassell) for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1.Award the construction contract for the Street Rehabilitation - Slurry Seal, CIP #98-141, to Pavement Coating Company of Cypress, California, in the amount of $79,674.78; 2.Appropriate $12,524 from the Capital Improvement Fund; 3.Authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval by the City Attorney; 4.Direct the City Clerk to reject all other bids and reject all bid bonds after award by the City Council; and 5.Authorize the Director of Public Works to make minor changes as necessary within budget. Motion Benz, second Bowler. The motion carried, noting the absence of Edgerton. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 15, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of June 15, 1999. (Edgerton absent) (l) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999. Memorandum from City Clerk Elaine Doerfling dated June 15, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6003, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999." (Edgerton absent) (m) RECOMMENDATION TO DENY APPLICATION TO PRESENT A LATE CLAIM FILED BY WENDY O. TRAMMER. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 16, 1999. Action: To deny the Application to Present a Late Claim filed by Wendy O. Trammer, as recommended by staff. (Edgerton absent) (n) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 16, 1999. Claimant: Armstrong, Erik Date of Loss: 5/30/99 Date Filed: 6/9/99 Claimant: Young, Susie Date of Loss: 3/24/99 Date Filed: 6/10/99 Action: To deny the two claims, as recommended by staff. (Edgerton absent) (o) RECOMMENDATION TO ADOPT RESOLUTION DECLARING INTEREST TO ACCEPT JURISDICTION OF ARTESIA BOULEVARD (SR-91) FROM PACIFIC COAST HIGHWAY (SR-1) TO HARPER AVENUE FROM THE STATE OF CALIFORNIA. Memorandum from Public Works Director Harold Williams dated June 17, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6004, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTEREST TO ACCEPT JURISDICTION OF ARTESIA BOULEVARD (SR-91) FROM PACIFIC COAST HIGHWAY (SR-1) TO HARPER AVENUE FROM THE STATE OF CALIFORNIA." (Edgerton absent) (p) RECOMMENDATION TO APPROVE REQUEST FROM BEACH CITIES CHRISTIAN FELLOWSHIP FOR WAIVER OF $1,300 PRECISE DEVELOPMENT FEE AND THE NOTICE FEE IN EXCHANGE FOR PUBLIC USE OF THE PARKING LOT WEST OF THE ARCO STATION WHEN NOT IN USE BY THE CHURCH. Memorandum from City Manager Stephen Burrell dated June 17, 1999. Action: To approve the request from Beach Cities Christian Fellowship to waive the $1,300 Precise Development Fee and the notice fee in exchange for public use of the parking lot when not used by the church, as recommended by staff. (Edgerton absent) (q) RECOMMENDATION TO AWARD BID FOR CARPETING AND VINYL FOR COMMUNITY CENTER ROOMS, CITY OFFICES AND CLARK BUILDING TO A TOUCH OF CARPET FOR $6,838.92. Memorandum from Public Works Director Harold Williams dated June 16, 1999. Action: To approve the staff recommendation to: 1.Award the bid to A Touch of Carpet for vinyl tiles for the Community Center (Room 8) and carpeting for the Community Center (Rooms 4 and 12, theater box office and hallway), the Clark Building (Library area and Meeting Room), and the City offices, for a total award of $6,838.92; and 2.Authorize the Public Works Director to sign a contract for work performance. (Edgerton absent) (r) RECOMMENDATION TO APPROVE PARTICIPATION IN THE LOMA DRIVE UNDERGROUND ASSESSMENT DISTRICT FOR THE CITY OWNED PARCEL WHICH IS THE WEST ENTRANCE TO CLARK STADIUM; DIRECT THE CITY MANAGER TO RETURN THE BALLOT IN FAVOR OF THE DISTRICT; AND, APPROPRIATE $9,631.37 FROM THE CAPITAL PROJECTS FUND TO COVER THE EXPENDITURE. Memorandum from City Manager Stephen Burrell dated June 16, 1999. Action: To approve the staff recommendation to: 1.Approve participation in the assessment district and direct the City Manager to return the ballot in favor of the district; and 2.Appropriate $9,631.37 from the Capital Project Fund to cover the expenditure. (Edgerton absent) (s) RECOMMENDATION TO APPROVE AMENDMENT TO PUBLIC IMPROVEMENTS AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND SEAVIEW DEVELOPMENT. Memorandum from City Manager Stephen Burrell dated June 17, 1999. Action: To approve the amendment to the Public Improvement and Reimbursement Agreement, between the City and Seaview Development (Beach House Hotel), and direct the City Manager to execute the amendment on behalf of the City, as recommended by staff. (Edgerton absent) 2. CONSENT ORDINANCES (a) ORDINANCE NO. 99-1192- ² AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE.² Memorandum from City Clerk Elaine Doerfling dated June 16, 1999. Action: To waive full reading and adopt Ordinance No. 98-1192. Motion Bowler, second Reviczky. AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: Edgerton 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(j) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL TO THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AND TO ADD A DANCING AREA AND LIVE ENTERTAINMENT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, "SCOTTY'S". Memorandum from Community Development Director Sol Blumenfeld dated June 16, 1999. Councilmember Bowler declared a potential conflict of interest due to the close proximity of his place of employment and left the dais and the room at 8:30 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:54 P.M. Coming forward to address the Council on this item was: Pete Mangurian - 52 11th Street, applicant, said this was a complex issue and that he needed the assistance of an attorney; requested that the hearing be continued for 60 days. Action: To approve the applicant's request to continue the public hearing to the September 14, 1999 meeting. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. Mayor Oakes said those in attendance were welcome to come forward to speak this evening, if they desired, since this was an advertised public hearing, noting that they would have the opportunity to present comments at the September meeting. Coming forward to address the Council on this item were: Albro Lundy - Strand resident, expressed opposition to the extension of the bar businesses onto the Strand toward the residential area; cited current noise impacts from bar patrons and said the residents' cars have been vandalized; Jim Casey - 910-1/2 Strand, expressed concerns about the increasing problems of noise and littering; said they did not need another dance club so close to the residential area; said the Strand has become a corridor for drunks at night and suggested the Council walk down the Strand at 2 A.M. five blocks north and south of the pier; Rick Maloney - owner of 934 Strand, said he was unable to make changes to his business without notifying the land owner; said the business owner made the application and was responsible for notifying the property owner; said Scotty's differs from the Pier Avenue businesses because it faces the Strand; Tim Personius - 827 14th Street, said his wife's family lives on the Strand and cited numerous problems due to public drunkenness; recalled serious problems in the 70s and said he did not want the City to move back in that direction; Shirley Cassell - Hermosa Beach, said none of the objections voiced tonight had anything to do with Scotty's, which is a family restaurant; said the problems are due to other businesses, not this one; Cathy Lundy - Hermosa Beach, said Scotty's was a family restaurant and she loved taking her four children there; said the composition of the Pier area is changing from being a family place to an adults only type of place; said residents needs places to take their family; Kyle Lundy - 934 Strand, asked for a show of hands of residents there tonight in opposition to the expansion; said bars benefit only outsiders and some residents; said residents want a community that benefits everyone and maintains a family atmosphere; Steve Hunt - 910 Strand, said the applicant had a history of continuing his items; opposed the expansion for alcohol and live entertainment; said the downtown revitalization was good for the community, but the problems were becoming significant, citing an increase in some crimes, noise and congestion; Cathy McCurdy - 1004 Ninth Street, asked for the City Attorney's opinion regarding a possible conflict of interest for Councilmember Benz since his wife is a tenant of the applicant (Councilmember Benz said he would appreciate an opinion as well); and Jeff Edwards - 28 10th Court, asked the Council to consider the effects on the Sea Sprite next door. The public testimony ended at 9:10 P.M., at which time Assistant City Attorney Craig Steele announced that the public hearing was to be continued to September 14, 1999. Councilmember Bowler returned to the dais at 9:21 P.M. 5. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF APRIL 30, 1999. Memorandum from City Manager Stephen Burrell dated June 14, 1999. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 9:27 P.M. Coming forward to address the Council on this item was: Danny Sofer - 49 Pier, said he shared trash collection with several offices and they were all being charged $40 per month, which he thought was excessive for the small amount of trash (City Manager Burrell said he would work with BFI to resolve the problem). The public hearing closed at 9:30 P.M. Action: To approve the staff recommendation to adopt Resolution No. 99-6005, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES." Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. At 9:31 P.M., the order of the agenda resumed with item 2. MUNICIPAL MATTERS 6. LETTER TO GOVERNOR DAVIS SUPPORTING THE LOCAL GOVERNMENT FINANCE PROVISIONS IN THE STATE BUDGET. Memorandum from City Manager Stephen Burrell dated June 17, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize a letter of support for the Local Government Finance Provisions; and express appreciation to Assemblymember George Nakano for his efforts as Chair of the Budget Subcommittee. Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. 7. CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 2, 1999. Memorandum from City Clerk Elaine Doerfling dated June 14, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To adopt the following resolutions, as recommended by staff: 1) Resolution No. 99-6006, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; 2) Resolution No. 99-6007, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, WITH THE SCHOOL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; 3) Resolution No. 99-6008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 1999"; and 4) Resolution No. 99-6009, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 1999." Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 8. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS AND THEREBY ELIMINATE THE CITY'S UTILITY USERS TAX. Memorandum from City Clerk Elaine Doerfling dated June 14, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct staff to determine the fiscal impacts of the proposed measure and report back to the Council at the July 13, 1999 regular meeting, deferring action on the initiative petition until that time. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. DEADLINE FOR PLACEMENT OF MEASURES ON THE NOVEMBER 2, 1999 BALLOT. Memorandum from City Clerk Elaine Doerfling dated June 14, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct staff to agendize for the meeting of July 13, 1999, the consideration of alternate measures regarding the Utility Users Tax for the November 2, 1999 ballot. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Edgerton. b. VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 16, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To re-appoint Ruth Brand and Barry Warner to the Civil Service Board for four-year terms ending July 15, 2003. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. Action: To appoint Robert Bell and re-appoint Stephen Francis to the Parks, Recreation and Community Resources Advisory Commission for four-year terms ending June 30, 2003. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. Action: To schedule interviews of Planning Commission applicants for 6:30 P.M. Tuesday, July 13, 1999, prior to the regular meeting, and to extend the application filing period to 6 P.M. Wednesday, July 7, 1999. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 11. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Cathy McCurdy - spoke to the waiver of fees granted earlier this evening, expressing concern that there were no specifics given and no local non-profit groups mentioned that would benefit. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 22, 1999, at the hour of 9:45 P.M. to an Adjourned Regular Meeting on Tuesday, July 13, 1999, at 6:30 P.M. for the purpose of conduction Planning Commission applicant interviews, to be followed by the Regular Meeting at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 13, 1999, at the hour of 7:21 P.M. PLEDGE OF ALLEGIANCE - Charlotte Malone ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes said she had unfortunately been out of town for the first in the series of Sunday evening concerts which took place July 11, 1999, and announced that the beach concerts would take place the next three Sundays at 6 P.M. Councilmember Edgerton said the Drifters had performed a great concert on Sunday. He said next Sunday would feature "Sounds of the Supremes," and the Safaris would perform the following Sunday, but did not know who would perform at the fourth and final Sunday concert. Councilmember Reviczky said a letter being circulated about Rule 20 erroneously suggested that, if asked, Edison would underground all of the City's utilities. He said the annual amount collected per Rule 20 was about $148,000 for Hermosa Beach; that the current account balance, because of various undergrounding already done, was a negative $2.8 million; and that it would take 19 years before money starts accumulating again in that account, leaving no money for Edison to do any undergrounding until then. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, commented on the number of people in attendance; noted that Councilmember Edgerton did not have his laptop computer; Charlotte Malone - announced that the Hermosa Beach Friends of the Library book sale would take place Saturday, July 17, 1999, from 9:30 A.M. to 12:30 P.M. in front of the Library, noting the book sales support the library and that a $945 check had been sent by the organization this week to the Children's Librarian for children's programs; and David Cunningham - 1901 Palm Drive, expressed concerns about alcohol-related problems over the 4th of July weekend, including teenagers urinating on his front wall; said the situation was out of control. Councilmember Bowler said he was told by police officers that a large part of the problem over that weekend stemmed from private parties, particularly along the Strand. Action: To agendize the matter of private parties and various options for City control. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. Continuing to come forward to address the Council were: Clem Maloney - property owner and former resident, said he was pleased with the City's revenue growth but concerned about the over-saturation of businesses that attract a 20's crowd versus a 30's/40's crowd, and singles versus families, because that kind of young crowd creates more police problems and spends less money; Vickie Bronaugh - 1113 Valley Drive, said this 4th of July was the first time as a resident that she felt endangered for herself and her young child when drunks threw bottle rockets into the crowd of people watching the Redondo fireworks display; said a fight broke out when someone tried to defend their family, that it felt like a war zone and embarrassed her in front of her out-of-town company; said she had been on the Strand near Eighth Street; and Jim Lissner - 2715 El Oeste Drive, said Edison does administer the money for undergrounding but does not determine where the money goes; thought the City should have spread the money around more, by selecting those areas with the most people wanting underground utilities, then requiring residents to pay a portion of the cost and using Edison funds for the balance, as was done in Manhattan Beach, thereby stretching the Edison money twice as far. (b) COUNCIL COMMENTS: Mayor Oakes said the undergrounding projects took place on Pacific Coast Highway, Pier Avenue, and Beach Drive, the City's most westerly street, which affected a number of views throughout the community. Councilmember Reviczky agreed, noting that since most City views are toward the west, it made sense to start from the west and work east with undergrounding, eliminating the wires and improving ocean views. He said Pier Avenue made economic sense because it was being ripped up anyway. Councilmember Reviczky said he rode with the police July 4 from 6 P.M. to 3 A.M., as he does several times a year, saw the problems cited this evening, saying they were unacceptable and that something would be done before New Year's Eve. Councilmember Bowler said when he came into office, the Police Department was down from 45 sworn officers to the low 30's, due to budget cuts, attrition, and salaries being lower than the South Bay average. He said there were now 38 sworn officers. He advised people to consider that the UUT goes for police and fire services when voting on the tax in November. (c) WRITTEN COMMUNICATION 1) Letter from Gary Brutsch regarding numerous issues facing Hermosa taxpayers that he would like addressed by any candidates for City Council in public debate. No one came forward to address the Council on this item. Action: To receive and file the letter. Motion Edgerton, second Bowler. The motion carried, noting the absence of Benz. 2) Letter from Jim Lissner regarding expansion of liquor businesses on Pier Avenue. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to his letter and responded to questions. Action: To receive and file the letter. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. 3) Letter from Charlotte Malone, Vice-President of the Hermosa Beach Friends of the Library, requesting that the City Council contact Los Angeles County Supervisor Don Knabe, as well as the L. A. County Librarian, to request an increase in library hours and improvements. Coming forward to address the Council on this item was: Charlotte Malone - Hermosa Beach, spoke to her letter. Action: To direct staff to prepare a letter for the Mayor's signature requesting from Los Angeles County Supervisor Don Knabe and the Los Angeles County Librarian an increase in library hours and improvements. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (d) Reviczky. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. At 8:00 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: a.1) Minutes of the Regular Meeting held on June 8, 1999; and b.2) Minutes of the Regular Meeting held on June 22, 1999 Action: To approve as presented the regular meetings of June 8, 1999 and June 22, 1999. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17675 THROUGH 17964, INCLUSIVE, NOTING VOID CHECK NO. 17719, 17787, 17896 AND 17962. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT FOR THE FOLLOWING PURPOSES: 1999 Sunset Concerts on the Beach Hawthorne Savings - $10,000.00 Anheuser Busch - $5,000.00 Skateboard Track Grand Opening Ceremonies E.T. Surfboards - $300.00 Globe Shoes, LLC - $150.00 Surf Like A Girl - $100.00 Vanguard Surf Culture - $75.00 Memorandum from Finance Director Viki Copeland dated July 1, 1999 This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To accept the donations outlined above, noting that the donations received for the Skateboard Track Grand Opening would be appropriated to FY 1998-99 and the donations received for the 1999 Sunset Concerts on the Beach would be appropriated to FY 1999-00, as recommended by staff. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz. (e) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE SOUTH BAY PRIVATE INDUSTRY COUNCIL TO ACT AS THE LOCAL WORKFORCE INVESTMENT BOARD. Memorandum from City Manager Stephen Burrell dated July 6, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6010, entitled "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE SOUTH BAY PRIVATE INDUSTRY COUNCIL TO ACT AS THE LOCAL WORKFORCE INVESTMENT BOARD," which would authorize the certification of the current Private Industry Council (PIC) Board as the Workforce Investment Board (WIB). (Benz absent) (f) RECOMMENDATION TO ACCEPT THE WORK BY ASAN CONSTRUCTION COMPANY FOR CIP PROJECT NO. 97-525, COMMUNITY CENTER SKATE TRACK, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Memorandum from Public Works Director Harold Williams dated June 29, 1999. Action: To accept the work by Asan Construction Company for CIP Project No. 97-525, Community Center Skate Track and authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion, as recommended by staff. (Benz absent) (g) RECOMMENDATION TO EXTEND THE CURRENT CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE THE CONTRACT FOR A TERM OF THREE YEARS. Memorandum from City Clerk Elaine Doerfling dated July 7, 1999. Action: To extend the current contract for City advertising with the Easy Reader newspaper and approve the contract for a term of three years. (Benz absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(d) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 12:53 A.M. after considering item 1(d), the order of the agenda was suspended to go to Municipal Matter item 8. PUBLIC HEARINGS 4.PROJECT NO. CIP 97-182 MYRTLE AVENUE, UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 97-1 - PROTEST HEARING AND TABULATION OF THE BALLOTS. Memorandum from Public Works Director Harold Williams dated July 6, 1999. Supplemental resolution received July 13, 1999. Supplemental letters from Parker Herriott dated July 9, 1999, and Robert and Carleen Beste dated July 8, 1999. Public Works Director Williams and City Manager Burrell responded to Council questions. City Clerk Doerfling presented the Affidavit of Mailing Notice of Hearing and announced that written protests had been received from Parker Herriott, from Robert and Carleen Beste, and from David Augenstein (whose letter had been included in the agenda packet). Debby Cobb, Berryman & Henigar, Assessment Engineer, presented the final assessment engineering report, said the assessment district boundaries were determined initially by the property owners' petition, explained the nature of the work, and said all parcels within the district would benefit, noting the two components were an underground service conversion benefit and an aesthetic view benefit. The public hearing opened at 8:15 P.M. Coming forward to protest the proceedings were: Parker Herriott - Hermosa Beach, said he was not in the district; submitted information and spoke to his letter; said the matter was not properly noticed and the engineer's report was flawed; questioned the fairness of the assessment that benefits some more than others; said Edison should pay and those that did not want to wait should do it themselves; requested copies of the petition listing the names of the people who began this process; thought his property had been gerrymandered out of the district; Moneca Vance - 303 24th Street, said she had not signed any petition and did not have the money to pay for undergrounding, as she was a retired school teacher with a mortgage to pay off; David Augenstein - 2457 Manhattan Avenue, said people with ocean views would benefit, but his view was obstructed by the 35-foot high building behind him; objected to paying $8,500 to subsidize the property improvement of others, that it was unfair since there would be no property value increase for him; and Paul Herriott - Manhattan Avenue, expressed concern about people on fixed incomes; said an $8,000 assessment would have a $15,000 pay back over 15 years; said undergrounding should be taken care of by Edison, that the citizens should not be subsidizing Edison. Coming forward to speak in favor of the proceedings were: Tom Sedgwick - 2459 Myrtle Avenue, said overhead high voltage wires posed a hazard - they were dangerous, unsightly and unnecessary; said an earthquake could bring down the whole system; said the view benefit did not relate to ocean views but to street views; said undergrounding would make the neighborhood safer and more beautiful; said residents initially met with Edison; asked if a fund could be created for cases of true hardship; Dency Nelson - 2415 Silverstrand, said the residents tried to find funding from other sources - federal, state and county; agreed they should not have to pay, but said the undergrounding was an investment that would increase property values; and Shanda Webber - 2448 Myrtle Avenue, said she had a copy of the petition that was circulated three years ago; said the majority of people in the district were in favor of undergrounding, said property values would increase for everyone in the district. The public hearing closed at 8:45 P.M. Mayor Oakes asked if there were any more ballots to be submitted. There being none, she called upon the Assessment Engineer to report on the votes tallied. Noting that the count was based on the weighted assessment and that a simple majority was required for passage, Ms. Cobb reported that there were 116 ballots in favor, for a total assessment weighted amount of $1,013,082.30, and 36 ballots against, for an assessment of $317,740.50. She said the assessment district passed by 76.12 percent weighted assessment. Action: To approve the staff recommendation to adopt the following resolutions: 1) Resolution No. 99-6011, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING," and 2) Resolution No. 99-6012, entitled, "A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AWARDING PROJECT NO. CIP 97-182 MYRTLE AVENUE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT IMPROVEMENTS TO IRISH CONSTRUCTION OF ROSEMEAD, CA." Motion Reviczky, second Edgerton. The motion carried, noting the absence of Benz. The meeting recessed at 8:54 P.M. The meeting reconvened at 9:20 P.M. 5.PROJECT NO. CIP 97-183 LOMA DRIVE, UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 97-2 - PROTEST HEARING AND TABULATION OF THE BALLOTS. Memorandum from Public Works Director Harold Williams dated July 6, 1999, and supplemental resolution received July 13, 1999. Supplemental letters from Parker Herriott dated July 9, 1999, and Frances Parker dated May 27, 1999. Public Works Director Williams, City Manager Burrell and City Attorney Jenkins responded to Council questions. City Clerk Doerfling presented the Affidavit of Mailing Notice of Hearing and announced that written protests had been received from Parker Herriott and from Frances Parker. Debby Cobb, Berryman & Henigar, Assessment Engineer, presented the final assessment engineering report, said the assessment district boundaries were originally set up by property owner petition, explained the nature of the work, and said all parcels within the assessment district would benefit, noting that half of the cost was for the underground service conversion and the other half was for neighborhood aesthetic view benefit. The public hearing opened at 9:24 P.M. Coming forward to protest the proceedings were: Ed Rathell - 814 Monterey Boulevard, thought Edison had the money and asked if the homeowners paid when the poles went up; said there were no poles or lines in front of him blocking his view and questioned any benefit to him; expressed concern about the assessment; Larry Burlant - 616 Monterey Boulevard, asked why he was included in the district since he would not benefit; objected to subsidizing people who would benefit; questioned the benefit factor; Brian Kelcher - owner of property in the 1200 block of Monterey Boulevard, questioned the aesthetic view benefit factor and suggested using different weighting formulas; said he got notice of the dollar amount on May 25; said there should be additional discussion and requested that the Council delay its decision; Parker Herriott - Hermosa Beach, agreed with the previous speaker, questioned the assessments and said the engineer's report was faulty; said the Howard Jarvis group told him the dollar amount should be based on street frontage; said people in the Myrtle district would pay more than those in the Loma district; expressed concern about people who could not afford it; said this was a way to get around Prop 13; Paul Ishikawa - 626 Loma Drive, asked if the assessment was tax deductable since it would appear on the property tax bill; asked if sidewalks would be put in at the same time (City Manager Burrell said the City could not give tax advice, and that sidewalks were not part of this project); Deana Bradshaw - 912 Monterey Boulevard, said her assessment was the same as for those with ocean views and they will get more benefit; said she was not opposed to undergrounding, but questioned the return on her investment and asked how the individual assessments were decided on; Shirley Cassell - Monterey Boulevard, said she was out of the district, noted there was no view ordinance in the city and that undergrounding would not protect anyone's view; and Jamil Hashimi - 912 Monterey Boulevard, did not understand the benefit to him; wanted an evaluation of how the assessments were done; said people with the same assessment have poles in front of their house; did not understand why he was included in the district since there was no benefit to him. Coming forward to speak in favor of the proceedings were: Gary Kazanjian - 1021 Loma Drive, said people did not have to pay everything up front, that they could make payments if they wished; Earl Keegan - 1107 Loma Drive, spoke in favor of the assessment district and said this was a democratic process; spoke of earthquake dangers with the lines above ground; The public hearing closed at 9:55 P.M. In response to public comments and questions, Ms. Cobb said the view benefit meant opening up the streets and alleyways for neighborhood aesthetics; said the people facing Monterey with the poles and lines behind them on Sunset were included in the district because Edison had to underground their service as well in order to remove the poles; said undergrounding would provide a higher level of safety and service; said they used standard methodology used by other beach communities; and noted there had been a public information meeting and letters were received by residents 45 days prior to this hearing. Fritz Stradling, underground assessment special counsel, responded to questions pertaining to procedure, saying Proposition 218 provides for one public hearing and allows ballots to be received up to the conclusion of the hearing; said they followed Prop 218 and the provisions of the 1913 Act. City Attorney Jenkins said the record should reflect that there had not been any impairment of process or the people's rights. Mayor Oakes asked if there were any more ballots to be submitted. There being none, she called upon the Assessment Engineer to report on the votes tallied. Ms. Cobb reported that there were 91 ballots in favor, for a weighted assessment of $734,746.24, and 59 ballots against, for a total weighted assessment of $487,858.58. She said the assessment district passed by 60.1 percent. Action: To approve the staff recommendation to adopt the following resolutions: 1.Resolution No. 99-6013, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING," and 2.Resolution No. 99-6014, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AWARDING PROJECT NO. CIP 97-183 LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT IMPROVEMENTS TO IRISH CONSTRUCTION OF ROSEMEAD, CA." Motion Oakes, second Reviczky. The motion carried, noting the absence of Benz. The meeting recessed at 10:07 P.M. The meeting reconvened at 10:25 P.M. 5.APPEAL OF THE PLANNING COMMISSION APPROVAL, WITH CONDITIONS, OF A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW FOR THE EXPANSION OF AN EXISTING RESTAURANT, FAT FACE FENNER'S FISHACK, WITH ON-SALE ALCOHOL AT 53 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 4, 1999. At 10:26 P.M., Councilmember Bowler stepped down from the dais and left the room due to a potential conflict of interest. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 11:05 P.M. Coming forward to address the Council on this item were: Jim Lissner - appellant, said the City's General Plan called for a diverse downtown but this project would not add to the diversity; said diversity would cut the need for police services; submitted a photograph showing a recent banner for the business; said a mix of businesses, such as restaurants, book stores and clothing stores, would attract a mix of people; cited the effects bars have on air pollution and traffic; Shirley Cassell - Hermosa Beach, expressed concern about blocking public access; said the business had outdoor dining on the walkway over the Memorial Day holiday weekend without City or Coastal Commission approval; Gary Vincent - applicant on file, vice-president of Fat Face Fenner's Fishack Ltd., said they operate a very family oriented restaurant, catering to the 40's and 50's age group; disputed comments of the appellant; said the appeal had no merit; Conn Flatley - president of Fat Face Fenner's Fishack Ltd., said 65 percent of their revenue was from food sales, that it was a family operation, a restaurant that happens to serve alcohol; said they catered to families with children and recently had to purchase a second high chair to accommodate children; Kurt Smaltz - attorney for applicant, said the issue of the four parking credits given in 1998 to the restaurant was not part of this appeal; said the Planning Commission addressed the allocation of two of those spaces to cover outdoor dining on June 15 and their decision was not appealed; said the four spaces were the property of the restaurant and cannot be taken away; said the allocation of spaces for outdoor dining was not part of the appeal; Daniel Hackney - 1228 20th Street, said this restaurant was the most child-friendly on Pier Avenue, that he and his wife take their two-year old there often; said the expansion of the restaurant would have negligible impact; urged support of the Planning Commission findings; Tim McAdam - 131 Eighth Street, agreed with the previous speaker, said this was a family oriented business that caters to locals; said it was not rowdy; did not understand why it was appealed and urged the Council to support the expansion; Donley Falkenstien - Hermosa Beach, said this was office space proposed to be used for another restaurant/bar, which would not create a balance downtown; said lower Pier Avenue had problems with parking and crowded bars on weekends; Gene Dreher - Hermosa Beach, said this was a nice restaurant that was not a problem; said the appeal had no merit; and Jim Lissner - appellant, rebutted comments; said the parking allocation from the space they did not lease was not an issue tonight, nor were the spaces used for outdoor dining; said he did not appeal those issues. The public hearing closed at 11:45 P.M. Proposed Action: To not allow the parking credits to be used for the outdoor dining for the walkway. Motion Edgerton. The motion died for lack of a second. Action: To require a certificate of occupancy for the expansion of the restaurant prior to the approval of any required encroachment permit for use of the bridge for outdoor dining. Motion Mayor Oakes, second Edgerton. Kurt Smaltz, attorney for the applicant, said the Council was considering the encroachment permit, which was not part of the appeal; said the current restaurant was adjacent to the outdoor dining area, the kitchen was 16 feet away, and they had a leasehold on the entire area; said they wanted to open the outdoor dining first to help fund the expansion; and said this was a unique situation. City Attorney Jenkins said the Council had broad power under the conditional use permit process to do what was proposed. The motion on the floor carried, noting the absence of Benz and Bowler. Proposed Action: To eliminate the four parking credits. Motion Edgerton, second Mayor Oakes. The motion failed due to the dissenting votes of Reviczky and Mayor Oakes, noting the absence of Benz and Bowler. Final Action: To approve the staff recommendation to adopt Resolution No. 99-6015, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING, IN PART, THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL (ALLOWING THE CHANGE OF USE OF 1150 SQUARE FEET OF OFFICE TO RESTAURANT USE) AND TO ALLOW THE PAYMENT OF FEES IN-LIEU OF PARKING AND SUSTAINING, IN PART, THE APPEAL RELATIVE TO THE ALLOCATION OF PARKING CREDITS FOR OUTDOOR DINING AT 53 PIER AVENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL BUILDING, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK 13, HERMOSA BEACH TRACT," amended to prohibit both outdoor dining on the bridge over the public right-of-way and the use of parking credits for outdoor dining purposes without the City issuance of a certificate of occupancy for the approved restaurant expansion. Motion Mayor Oakes, second Edgerton. The motion carried, noting the absence of Benz and Bowler. At 12:50 A.M., Councilmember Bowler returned to the dais and the order of the agenda returned to item 3. MUNICIPAL MATTERS 7. MILLENNIUM WALKWAY LOCATION. Memorandum from Community Resources Director Mary Rooney dated July 15, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the walkway would be adjacent to Noble Park, the walkway dedication would take place January 1, 2000, and the deadline for purchasing bricks was October 1, 1999. Action: To approve the sidewalk on 14th Street at the Strand as the location for the Millennium Walkway, as recommended by staff. Motion Edgerton, second Bowler. The motion carried, noting the absence of Benz. 8. INITIATIVE PETITION TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS TO ELIMINATE HERMOSA BEACH UTILITY USER TAX. Memorandum from City Clerk Elaine Doerfling dated July 7, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 12:55 A.M. Coming forward to address the council on this item were: Donley Falkenstien - petition proponent, said the City existed with no problem for 80 years without a utility user tax; said there was a budget surplus; and Jim Lissner - Hermosa Beach, said Proposition K was not a vote on the six percent tax since it did not provide the opportunity to vote it out. Public participation closed at 1:01 P.M. Action: To 1) receive and file the report analyzing the fiscal impact of the proposed ordinance, and 2) direct the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the General Municipal Election of November 2, 1999. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Benz. At 1:13 A.M., the order of the agenda returned to item 7. 9. DISCUSSION OF POSSIBLE MEASURES FOR THE NOVEMBER 2, 1999 BALLOT. a. Measure submitted by Councilmember Benz requiring all zoning changes be submitted to the voters for approval. b. Measure submitted by Councilmember Benz changing the height limit to 45 feet in commercial zones. c. Other possible measures of interest to the City Council. Public participation opened at 1:18 P.M. Coming forward to address the council on this item was: Shirley Cassell - Hermosa Beach, expressed objection to item b. Public participation closed at 1:19 P.M. Action: There was no action taken on this item. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS APPOINTMENTS TO PLANNING COMMISSION TO FILL TWO EXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated July 8, 1999. RECOMMENDATION: Appoint/reappoint from among the applicants interviewed earlier this evening to fill the two expired terms on the Planning Commission. Action: Mayor Oakes directed, with Council consensus, to reschedule applicant interviews to 6:30 p.m., July 27, 1999, and continue appointments to the regular meeting of July 27, 1999. b. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 1, 1999. Action: Mayor Oakes directed, with Council consensus, to continue committee assignments to the meeting of July 27, 1999. 12. OTHER MATTERS - CITY COUNCIL a. Request by Councilmember Bowler to consider designating lower Pier Avenue as a "Pedestrian Plaza". Action: Mayor Oakes directed, with Council consensus, to continue this item to the meeting of July 27, 1999. b. Request by Councilmember Edgerton to direct staff to modify bench seating at South Park Roller Hockey Rink so that small children can view the action while seated. Action: Mayor Oakes directed, with Council consensus, to continue this item to the meeting of July 27, 1999. CITIZEN COMMENTS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, said Council members should show respect and not call people names; and Donley Falkenstien - Hermosa Beach, concurred, saying the Council should not insult people. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 14, 1999, at the hour of 1:23 A.M. to the Adjourned Regular Meeting of Tuesday, July 27, 1999, at the hour of 6:30 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 27, 1999, at the hour of 6:30 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes ADJOURNMENT - Due to the lack of a quorum, the Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, July 27, 1999, at the hour of 6:31 P.M., to the Regular Meeting of Tuesday, July 27, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 27, 1999, at the hour of 7:25 P.M. PLEDGE OF ALLEGIANCE - Christine Hollander ROLL CALL: Present: Benz, Reviczky, Mayor Oakes Absent: Bowler, Edgerton ANNOUNCEMENTS: Mayor Oakes said the final beach concert would take place from 6:00 to 8:00 P.M. Sunday, August 1, 1999 on the south side of the pier. She said Shakespeare by the Sea would take place at 6:30 P.M. Sunday, August 8, 1999, at Valley Park with "Taming of the Shrew." Councilmember Reviczky requested that tonight's meeting be adjourned in memory of John Wellner, a 40-year resident in the 1100 block of Second Street, who recently passed away, noting he had been a World War II Army veteran, a great resident, a wonderful man, and an animal lover who would be sorely missed by everyone in the neighborhood, including all the pets. Action: To adjourn the meeting in memory of long-time resident John Wellner. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Kay Shurbach - VOICE environmental organization, spoke in support of the report that staff put together for item 6, and thanked staff for working with the members of VOICE. Councilmember Benz asked about delaying item 9 (draft zoning standards for residential development) due to the absence tonight of Councilmembers Bowler and Edgerton and their interest in the matter. He also noted the need to continue item 4 (Code amendment modifying M-1 zone permitted use list) due to the lack of a quorum this evening resulting from his need to step down due to a potential conflict of interest. City Manager Burrell noted that the next step with regard to item 9 would be to send it to the Planning Commission. Action: Mayor Oakes directed, with Council concurrence, that agenda items 4 and 9 would not be considered this evening -- that item 4 would be continued to the meeting of August 10, 1999 for consideration by a full Council, and item 9 would be referred to the Planning Commission for public hearing and then would return to the Council at a later date. (b) WRITTEN COMMUNICATION 1. Letter from Gary Kazanjian requesting a 20-minute parking space in front of his business at 423 Pier Avenue. No one came forward to address the Council on this item. City Manager Burrell responded to Council questions. Action: To approve the placement of a 20-minute parking space at the median/planter located east of the business at 423 Pier Avenue. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. 2. Letter from Abel Ybarra, Corporate Director for the Aloha Days Longboard Surf Contest, requesting City Council approval to build the "Hermosa Beach Historical Surf Museum" on the north side of the lower portion of the Hermosa Beach Pier. Supplemental letter from Michael Learned dated July 27, 1999. Coming forward to address the Council on this item was: Abel Ybarra - spoke to his letter; said his only concern about placing the museum at the end of the pier was the potential loss of donated non-replaceable items in the event of a storm. Action: To agendize the surf museum issue for the next meeting as a Municipal Matter. Motion Benz, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. 3. Letter from Jim Lissner informing the City Council of the deadline to file a protest with the Department of Alcoholic Beverage Control for issuance of a license at 837 Hermosa Avenue. City Manager Burrell responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file. Motion Benz, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. 4. Letter from Robbie Thain of Makai Events requesting Council approval of the addition of a live band to the "7's In the Sand" event. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item was: Robbie Thain - Makai Events, spoke to his request to have a band play August 8, 1999, at the awards ceremony, on a stage set up south of the event, on the north side of the pier. Action: To approve the request. Motion Benz, second Mayor Oakes. The motion carried, noting the dissenting vote of Reviczky and the absence of Bowler and Edgerton. 5. Letter from Lauren & Aslam Amlani requesting that the City Council appeal the decision of the Planning Commission for 830 - 15th Street. Supplemental letter from Cheryl Vargo dated July 27, 1999. Coming forward to address the Council on this item was: Aslam Amlani - said the letter from Ms. Vargo was agreeable to him and, as long as it became part of the record, there was no issue. Action: To receive and file. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (k) Benz. Motion Benz, second Reviczky. The motion carried, noting the absence of Bowler and 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 Adjourned Regular Meeting held on July 13, 1999. Action: To approve the minutes of the Adjourned Regular Meeting of July 13, 1999, as presented. (Bowler and Edgerton absent) b. RECOMMENDATION TO RATIFY THE CHECK REGISTER (NOS.17965 THROUGH 18093, INCLUSIVE), AND TO APPROVE CANCELLATION OF CERTAIN CHECKS (NOS. 17664, 17741, 17968 AND 18004) AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented and approve the cancellation of certain checks as recommended by the City Treasurer. (Bowler and Edgerton absent) c. RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Bowler and Edgerton absent) d. COMMENDATION TO RECEIVE AND FILE THE JUNE, 1999, FINANCIAL REPORTS: 1.Revenue and expenditure report; 2.City Treasurer's report; and 3.Investment report. Action: To receive and file the June, 1999, Financial Reports as presented. (Bowler and Edgerton absent) e. RECOMMENDATION TO APPROVE OPERATIONS PLAN FOR THE SKATE TRACK WHICH INCLUDES: 1) GENERAL SUPERVISION; 2) SEASONAL HOURS OF OPERATION BASED ON AVAILABLE FUNDING FOR SUPERVISION; 3) PARTICIPANT REGISTRATION (TO BE IMPLEMENTED FOLLOWING THE SUMMER SEASON); AND, 4) ESTABLISH A SPONSORSHIP PACKAGE AND/OR USER FEE AS REQUIRED TO DEFRAY THE COST OF SUPERVISION AND MAINTENANCE. Memorandum from Community Resources Director Mary Rooney dated July 19, 1999. Supplemental letter from Jim Lissner dated July 26, 1999. Action: To approve the staff recommendation to approve operations plan for the skate track which includes: 1) general supervision; 2) seasonal hours of operation based on available funding for supervision; 3) participant registration (to be implemented following the summer season); and, 4) establish a sponsorship package and/or user fee as required to defray the cost of supervision and maintenance. (Bowler and Edgerton absent) f. RECOMMENDATION TO APPROVE THE USE OF THE PIER, WEST END OF PLAZA, AND BEACH BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL BEACH SCREENING SCHEDULED FOR SUNDAY, SEPTEMBER 26, 1999 FROM 7:00PM-10:00PM; WAIVE SPECIAL EVENT, SOUND AMPLIFICATION, AND BANNER PERMIT FEES; CHARGE FOR POLICE SERVICES (IF REQUIRED) AT THE ACTUAL HOURLY RATE (NO OVERHEAD CHARGES); AND, AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated July 19, 1999. Action: To approve the recommendation by staff and the Parks, Recreation and Community Resources Commission to: 1.approve the use of the Pier, west end of plaza, and Beach by the Community Center Foundation for the Hermosa Beach Film Festival beach screening scheduled for Sunday, September 26, 1999 from 7:00 P.M. to 10:00 P.M.; 2.waive special event, sound amplification, and banner permit fees; 3.charge for Police services (if required) at the actual hourly rate (no overhead charges); and 4.authorize the Mayor to sign contract. (Bowler and Edgerton absent) g. RECOMMENDATION TO APPROVE REVISED LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 7 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated July 20, 1999. Action: To approve the revised lease agreement between the City and the South Bay Free Clinic for the use of Room 7 in the Community Center, which conforms to the present rental policy approved by Council April 28, 1998. (Bowler and Edgerton absent) h. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25096 FOR A 2-UNIT CONDOMINIUM PROJECT AT 824-828 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6016, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, GRANTING APPROVAL OF FINAL PARCEL MAP #25096 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 824-828 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (Bowler and Edgerton absent) i. RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 99-143, MONTEREY BOULEVARD IMPROVEMENTS, AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated July 20, 1999. Action: To approve the staff recommendation to: 1.approve the plans, specifications, estimates, order the work and call for bids for Project No. CIP 99-143, Monterey Boulevard Improvements; and 2.instruct the City Clerk to post a Notice Inviting Sealed Bids for said project. (Bowler and Edgerton absent) j. RECOMMENDATION TO APPROPRIATE $74,354.76 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE (3) NEW BLACK AND WHITE PATROL CARS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated July 20, 1999. Supplemental letter from Jim Lissner dated July 26, 1999. Action: To approve the staff recommendation to appropriate $74,354.76 from the Equipment Replacement Fund and authorize the purchase of three new black and white patrol cars for the Police Department from the Wondries Fleet Group of Alhambra. (Bowler and Edgerton absent) k. RECOMMENDATION TO APPROVE CONTRACT WITH LYN RILEY IN THE AMOUNT OF $15,000 FOR THE PURPOSES OF PROVIDING THE STATE MANDATED CONTINUING EDUCATION TRAINING AND FOR ADMINISTERING THE LOS ANGELES COUNTY REQUIRED PARAMEDIC "QUALITY ASSURANCE PROGRAM." Memorandum from Fire Department dated July 15, 1999. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to approve contract with Lyn Riley for Fiscal Year 1999-2000 in the amount of $15,000 for the purposes of providing the State mandated continuing education training and for administering the Los Angeles County required paramedic "Quality Assurance Program. Motion Benz, second Reviczky. The motion carried, noting the absence of Bowler and Edgerton. l. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 20, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of July 20, 1999. (Bowler and Edgerton absent) m. RECOMMENDATION TO TRANSFER $13,109 FROM CIP 98-621, PIER ARCHITECTURAL UPGRADE IN PROPOSITION A OPEN SPACE FUNDS TO CIP 95-620 PIER RENOVATION FOR FY 98-99 AND APPROPRIATE $100,000 FROM THE STATE COASTAL CONSERVANCY GRANT TO CIP 98-621 FOR FY 99-00. Memorandum from Public Works Director Harold Williams dated July 21, 1999. Action: To approve the staff recommendation to: 1.transfer $13,109 from CIP 98-621, Pier Architectural Upgrade in Proposition A Open Space Funds, to CIP 95-620 Pier Renovation for FY 98-99; and 2.appropriate $100,000 from the State Coastal Conservancy Grant to CIP 98-621 for FY 99-00. (Bowler and Edgerton absent) n. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 1999. Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 1999. (Bowler and Edgerton absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(k) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.TEXT AMENDMENT TO THE ZONING ORDINANCE TO MODIFY M-1 ZONE PERMITTED USE LIST. Memorandum from Community Development Director Sol Blumenfeld dated July 21, 1999. It was noted that this item had been acted on at the beginning of the meeting to continue the hearing to the meeting of August 10, 1999 because there was not a quorum present this evening to discuss or act on the matter. Action: Mayor Oakes, with the consensus of the Council, continued the public hearing to the regular meeting of August 10, 1999. At 8:10 P.M., the order of the agenda was suspended to go to item 7. MUNICIPAL MATTERS 5. HERMOSA VALLEY PARK RENOVATION. Memorandum from Community Resources Director Mary Rooney dated July 20, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1.approve the list of improvements for Hermosa Valley Park, as presented, with the understanding that changes may need to be made; and 2.direct Public Works staff to develop a Request for Proposals as necessary for a landscape architect to prepare a design, budget, and construction documents for the proposed improvements. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Bowler and Edgerton, and the objection of Benz only to the lowering of the basketball hoops. 6. PESTICIDE USE IN THE PARKS SYSTEM. Memorandum from Public Works Director Harold Williams dated July 14, 1999. Public Works Director Williams presented the staff report and responded to Council questions, noting that staff would monitor the program and that signs would be posted along the Greenbelt between Pier and Gould avenues. Public participation opened at 8:55 P.M. Coming forward to address the council on this item were: Jeff Duclos - 1932 Ava Avenue, said he had been a group participant; recommended that the Council adopt the policy, which was well thought out and had no fiscal impact on the community; and Jim Alden - VOICE board member, applauded the steps taken; said this was a good program and encouraged the Council to try it for one year. Public participation closed at 8:59 P.M. Action: To approve the proposed IPM Program/Policy for the City of Hermosa Beach, as recommended by staff. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. At 9:03 P.M., the order of the agenda returned to item 5. 7. PETITION TO KEEP CIRCLE DRIVE A 20-FOOT PAVED STREET. Memorandum from Public Works Director Harold Williams dated July 21, 1999. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 8:25 P.M. Coming forward to address the council on this item were: Bob Tupack - 2109 Circle Drive, said his sidewalk went nowhere on either side; said none of the homes on the west side had sidewalks except his; wanted to match up to his neighbors; Blair Smith - 2142 Circle Drive, circulator of the petition, said the residents wanted the street to stay as it is, without sidewalks; said the owners of two other homes would like to remove their sidewalks and another under construction was awaiting this decision; and Kestutis Gedgaudas - 2025 Circle Drive, opposed widening the street any more than it was as they would lose the character of the street; said he was not interested in sidewalks. Public participation closed at 8:31 P.M. Action: To approve the request of the petitioners to keep Circle Drive as a 20-foot paved street, thereby eliminating the current requirement for sidewalks and allowing the homeowners to remove them if they so desire. Motion Benz, second Reviczky. The motion carried, noting the absence of Bowler and Edgerton. The meeting recessed at 8:35 P.M. The meeting reconvened at 8:50 P.M. with item 6. 8. PLACING ON THE BALLOT A MEASURE, SUBMITTED BY PETITION, WHICH PROPOSES TO REPEAL THE CITY'S UTILITY USER TAX, REQUESTING CONSOLIDATION WITH THE COUNTY AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 2, 1999. Memorandum from City Clerk Elaine Doerfling dated July 15, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To approve the wording of the ballot measure question, as presented. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. Further Action: To authorize Councilmember Bowler to file a written argument against the measure, with all Councilmembers invited to sign Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. Further Action: To allow for rebuttal arguments. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. Final Action: To adopt the following resolutions: 1) Resolution No. 99-6017, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE, SUBMITTED BY PETITION AND RELATING TO REPEAL OF THE CITY'S UTILITY USER TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, AS CALLED BY RESOLUTION NO. 99-6006," 2) Resolution No. 99-6018, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE," 3) Resolution No. 99-6019, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES," and 4) Resolution No. 99-6020, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999." Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. 9. FOLLOW-UP REVIEW OF DRAFT ZONING STANDARDS FOR SINGLE AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT. Memorandum from Community Development Director Sol Blumenfeld dated July 20, 1999. It was noted that this item had been acted on at the beginning of the meeting to refer it to the Planning Commission for public hearing and have it return to the Council at a future meeting, with no discussion this evening because there was not a full Council. Action: Mayor Oakes, with consensus by the Council, referred the item to the Planning Commission for public hearing, with the item to return for Council review at a future meeting. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS APPOINTMENTS TO PLANNING COMMISSION TO FILL TWO EXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated July 8, 1999. (Continued from meeting of 7/13/99) Action: To reschedule applicant interviews to 6:30 p.m., August 10, 1999, and continue appointments to the regular meeting of August 10, 1999. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. b. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 20, 1999. (Continued from meeting of 7/13/99) Action: To direct that the previously established Valley Park subcommittee comprised of Mayor Oakes and Councilmember Reviczky be added to the list, and to continue the assignments to the meeting of August 10, 1999 due to the absence this evening of Councilmembers Bowler and Edgerton. Motion Reviczky, second Benz. The motion carried, noting the absence of Bowler and Edgerton. 13. OTHER MATTERS - CITY COUNCIL a. Request by Councilmember Bowler to consider designating lower Pier Avenue as a "Pedestrian Plaza." (Continued from meeting of 7/13/99) Action: To continue due to the absence of Bowler. Motion Benz, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. b. Request by Councilmember Edgerton to direct staff to modify bench seating at South Park Roller Hockey Rink so that small children can view the action while seated. (Continued from meeting of 7/13/99) Action: To continue due to the absence of Edgerton. Motion Benz, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. c. Discussion of possible measure for the November 2, 1999 ballot submitted by Councilmember Benz requiring all zoning changes be submitted to the voters for approval. Action: To withdraw the item from consideration. Motion Benz, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. d. Discussion of possible measure for the November 2, 1999 ballot submitted by Councilmember Benz changing the height limit to 45 feet in commercial zones. Councilmember Benz discussed his item. City Manager Burrell and City Clerk Doerfling responded to Council questions. Action: To place the issue on a future agenda for a review of the possibility of mixed uses and various alternatives, including increasing the height limit, to encourage office development, with a look at M-1 areas as well as commercial zones. Motion Benz, second Mayor Oakes. The motion carried, noting the dissenting vote of Reviczky and the absence of Bowler and Edgerton. e. Request from Mayor Pro Tem Reviczky to direct staff to return with a program to develop and implement a specific plan for the downtown (Pier Avenue from the Strand to Valley Drive and Hermosa Avenue from 8th to 16th Streets). The purpose of the specific plan would be to have goals on the kinds of uses, numbers of particular uses to achieve in the area. Councilmember Reviczky discussed his item. City Manager Burrell responded to Council questions. Action: To agendize the issue of a specific plan for the downtown and direct staff to report back with options. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton. f. Request from Mayor Pro Tem Reviczky to direct staff to return with a text amendment to Section 17.44.140(E) by removing the word "previous" and direct that staff perform an inventory of parking allocations for existing uses in the downtown area and that these become the maximum allocations. Councilmember Reviczky discussed his item. City Manager Burrell responded to Council questions. Action: To direct staff to return with a text amendment and to inventory parking allocations for existing uses in the downtown area and make them the maximum allocations. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton. g.Request from Mayor Pro Tem Reviczky to direct staff to amend existing program to make entertainment permits separate and issued to the operator of the business, not a CUP that goes with the property. Councilmember Reviczky discussed his item. City Manager Burrell responded to Council questions. Action: To direct staff to report back on amending the existing program to make entertainment permits separate and issued to the operator of the business, not a conditional use permit that goes with the property. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler and Edgerton. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 27, 1999, at the hour of 10:18 P.M. to the Adjourned Regular Meeting of Tuesday, August 10, 1999, at the hour of 6:30 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 10, 1999, at the hour of 6:42 P.M. ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Reviczky, Mayor Oakes Absent: None INTERVIEW APPLICANTS FOR THE PLANNING COMMISSION: Mayor Oakes announced that the purpose of this meeting was to meet individually with applicants for the two vacant seats on the Planning Commission, with appointments to be made at the Regular Meeting later this evening. Coming forward to speak with the Council were: Charlie C. Cheatham at 6:43 P.M.; Robert M. Harvey, Jr. at 6:52 P.M.; Peter R. Hoffman at 6:59 P.M.; Sam Perrotti at 7:09 P.M.; and, Peter C. Tucker at 7:11 P.M. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 10, 1999, at the hour of 7:13 P.M. to the Regular Meeting of Tuesday, August 10, 1999. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 10, 1999, at the hour of 7:25 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None ANNOUNCEMENTS: Mayor Oakes invited residents to the beach on Sunday, September 19, for a millennium hometown photograph that would be taken from a helicopter, which would be funded by the purchase of bricks, available for $100, that can be inscribed, noting that the bricks would then be used to create a millennium walkway on the Strand near Noble Park. PRESENTATION: Presentation of plaque to Sam Abrams in recognition of his service on the Parks, Recreation and Community Resources Advisory Commission Mayor Oakes presented the plaque of appreciation to Sam Abrams and thanked him for his years of service. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that consent calendar item 1(b) be pulled; commented on the missing laptop computers (Council member Reviczky responded that Councilmembers had not received a disk this week); Blane Coon - business owner of Folded Wings at 1402 Pacific Coast Highway for more than 20 years, expressed concern about the 14th Street barricade, noting that his business had been hit many times by U-turners; cited $3,600 in damages two weeks ago caused by a hit and run driver and increased insurance costs (Mayor Oakes suggested that he discuss the matter with the City Manager); Larry Peha - 67 14th Street, suggested a workshop with local architects for input and assistance with changes to the zoning code regarding condominiums (Mayor Oakes noted the matter was going to the Planning Commission next month; Councilmember Bowler suggested that he contact the City Manager regarding the workshops); Ila Moseba - 946 Loma Drive, requested that consent calendar item 1(k) be pulled; asked if the residents would be responsible if the cost of undergrounding turned out to be higher than anticipated (City Manager Burrell said there was a state law process to follow); Jim Lissner - 2715 El Oeste, requested that consent calendar item 1(i) be pulled; disputed some of the Councilmember comments regarding the City's utility user tax (UUT); said voters never had the chance to vote on the six percent UUT; David Augenstein - 2457 Manhattan Avenue, referred to his letter protesting the handling of the underground hearing, noting he has had no response (City Manager Burrell said the letter had been referred to the special counsel and assessment engineer for response; City Attorney Jenkins said there was nothing imperfect about the process, that the information was available and provided, and that the process proceeded in accordance with the law); Parker Herriott - Hermosa Beach, said the issue of undergrounding was subject to appeal under Prop 218; said he would circulate an initiative petition to cause the utility undergrounding to go to a vote of the people; requested that consent calendar item 1(j) be pulled; and Faye Callen - 2309 Manhattan Avenue, in the Myrtle underground district; submitted a copy of Municipal Code Section 13.08.050 and asked under what circumstance the City or utility company would pay half of the conversion cost (City Manager Burrell responded, referred to Rule 20A, and said the City would not have a credit with Edison until the year 2019). b.WRITTEN COMMUNICATION: 1. Letter from Carol Duff of the Hermosa Beach Chamber of Commerce requesting Proposition A/C funds for WAVE Shuttle service for Fiesta. Supplemental letter from Jim Lissner dated August 9, 1999. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue were: Carol Duff - Chamber of Commerce executive director, spoke to her letter, noting the requested funds of $7,500 would supplement the $16,000 spent by the Chamber for the bus service; Shirley Cassell - Hermosa Beach, said $7,000 was a lot of money; said each year the City received less for the Fiesta; opposed the request; and Jim Lissner - 2715 El Oeste, concurred with Ms. Cassell; said any Council members with a business interest in the area should step down; said granting the request would be a gift of public funds, which was prohibited by law. Action: To deny the request. Motion Edgerton, second Benz. The motion carried, noting the dissenting votes of Bowler and Reviczky. 2. Letter from David Freedman requesting Council consideration of a classic car show on lower Pier Avenue. Coming forward to address the Council on this item was: David Freedman - Los Angeles, former Hermosa Beach resident, spoke to his request for a February event, submitted additional information about the proposal; requested a waiver of any fees. Action: To approve in concept and refer to staff for a review of fiscal impacts and the feasibility. Motion Oakes, second Benz. The motion carried by a unanimous vote. 3. Letter from Christine Hollander of the Hermosa Beach Community Center Foundation requesting City funding of $2,500 for the 3rd Annual Film Festival beach screening event. City Manager Burrell responded to Council questions, noting that the funding would come from the Downtown Improvement District Fund. Coming forward to address the Council on this item was: Christine Hollander - 320 Hermosa Avenue, Community Center Foundation president, spoke to her request; said the screening would be September 26 and the film festival itself would be October 1-3; noted a kickoff party September 30 at Barnaby's in Manhattan Beach and a pre-party August 28 at the Edgertons' home. Action: To approve the request. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 1.CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), noting a dissenting vote on item (e) by Councilmember Benz, and with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Oakes (for Shirley Cassell), (d) Edgerton, (g) Benz, (h) Edgerton, (i) Reviczky (for Jim Lissner), (j) Edgerton (for Parker Herriott), (k) Oakes (for Ila Moseba), and (l) Edgerton. Motion Benz, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 8:34 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING MINUTES. Memorandum from City Clerk Elaine Doerfling dated August 5, 1999. Action: To receive and file the memorandum regarding the minutes. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18094 THROUGH 18294, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 17953 AND 18077, AS RECOMMENDED BY THE CITY TREASURER This item was removed from the consent calendar by Mayor Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, noted check nos. 18185 and 18095 and asked for the total amount spent to date on the tennis court contract as well as any anticipated future costs; also questioned the dollar amount of check no. 18118 for a typewriter. Councilmember Benz questioned the nearly $6,000 workstation (check no. 18166). City Manager Burrell said he would respond to questions raised by Ms. Cassell and Councilmember Benz. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote. (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 AUTHORIZE SETTING UP A FUND TO RECEIVE CONTRIBUTIONS FROM DONORS TO PROVIDE FINANCIAL ASSISTANCE TO PROPERTY OWNERS IN THE MYRTLE AVENUE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated August 4, 1999. Supplemental letter from Gerard Ravel, 2552 Manhattan Avenue, dated August 10, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To authorize setting up a hardship fund to receive contributions from donors to provide financial assistance to property owners in the Myrtle Avenue Utility Undergrounding Assessment District, as suggested by residents and recommended by staff. Motion Edgerton, second Benz. The motion carried by a unanimous vote. At 9:05 P.M., the order of the agenda was suspended to go to item 1(i). (e) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) NEW POLICE UNDERCOVER VEHICLE FOR THE POLICE DEPARTMENT FROM WONDRIES FLEET GROUP OF ALHAMBRA, CA IN THE AMOUNT OF $31,763.80. Memorandum from Police Chief Val Straser dated July 21, 1999 Action: To approve the staff recommendation to authorize the purchase of one (1) new police undercover vehicle (Chevy Tahoe) for the Police Department from Wondries Fleet Group of Alhambra, California, for a cost of $31,763.80. (Councilmember Benz recorded a no vote on this item.) (f) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING FINAL MAP #25248 FOR A TWO-UNIT CONDOMINIUM AT 120 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated August 4, 1999. Action: To adopt Resolution No. 99-6021, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25248 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 120 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (g) RECOMMENDATION TO APPROVE THE CLASSIFICATION SPECIFICATION FOR PUBLIC WORKS INSPECTOR AS REVIEWED AND APPROVED BY THE CIVIL SERVICE BOARD. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 3, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Personnel Director Earl responded to Council questions. Public Works Director Williams also responded to Council questions. Action: To approve the classification specification for Public Works Inspector with the additional educational requirement of a two-year college Associates degree. Motion Benz, second Edgerton. The motion carried, noting the dissenting votes of Bowler and Reviczky. (h) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS AND ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 99-529, CLARK FIELD BUILDING DEMOLITION, AND INSTRUCT THE CITY CLERK TO ISSUE A NOTICE INVITING SEALED BIDS. Memorandum from Public Works Director Harold Williams dated August 2, 1999 This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams and City Manager Burrell responded to Council questions. Action: To reject the staff recommendation and refer the matter back to staff. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS AND ESTIMATES, ORDER THE WORK AND CALL FOR BIDS ON PROJECT NO. CIP 95-153 AND CIP 96-156, TRAFFIC SIGNALS AT HERMOSA AVENUE AND 14TH STREET AND HERMOSA AVENUE AND 13TH STREET, AND INSTRUCT THE CITY CLERK TO ISSUE A NOTICE INVITING SEALED BIDS. Memorandum from Public Works Director Harold Williams dated August 3, 1999. Supplemental letter from Jim Lissner dated August 9, 1999. This item was removed from the consent calendar by Councilmember Reviczky, at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, said this was a lot of money going toward the benefit of the parking structure. Action: To approve the staff recommendation to: 1.approve the plans, specifications, and estimates, order the work, and call for bids; and 2.instruct the City Clerk to issue a Notice Inviting Sealed Bids for said project. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS AND APPROVING CERTAIN DOCUMENTS AND ACTIONS FOR ASSESSMENT DISTRICT 97-1, MYRTLE AVENUE UTILITY UNDERGROUND; AND, ADOPT A RESOLUTION DETERMINING UNPAID ASSESSMENTS FOR SAID DISTRICT. Memorandum from Finance Director Viki Copeland dated July 29, 1999. Supplemental memorandum from Finance Director Copeland dated August 10, 1999. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Parker Herriott, for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue were: Parker Herriott - Hermosa Beach, requested that the Council reconsider its action; asked the time limit for implementation; said people had not been adequately noticed or advised of the cost; said he would circulate petitions to repeal both undergrounding districts Shirley Cassell - Hermosa Beach, questioned the cost to the City to buy the bonds and asked the effect if the Council did not approve their issuance (City Manager Burrell said the assessment district would cover all costs of the bonds, and that the project would stop if the bond issuance was not approved); and David Augenstein - Hermosa Beach, asked that the vote be postponed until he had received a written response to his letter. Action: To approve the staff recommendation to: 1.adopt Resolution No. 99-6023, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT BOND ACT OF 1915 FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH"; and 2.adopt Resolution No. 99-6024, entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING)." Motion Reviczky, second Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. k.RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS AND APPROVING CERTAIN DOCUMENTS AND ACTIONS FOR ASSESSMENT DISTRICT 97-2, LOMA DRIVE UTILITY UNDERGROUND; AND, ADOPT A RESOLUTION DETERMINING THE UNPAID ASSESSMENTS FOR SAID DISTRICT. Memorandum from Finance Director Viki Copeland dated July 29, 1999. Supplemental memorandum from Finance Director Copeland dated August 10, 1999. This item was removed from the consent calendar by Mayor Oakes, at the request of Ila Moseba, for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue were: Ila Moseba - 946 Loma Drive, requested that the item be postponed; Paul Ishikawa - Loma Drive, asked who would purchase the bonds if they were not sold; Shirley Cassell - Hermosa Beach, asked the result if the Council did not approve the bond issuance (City Manager Burrell responded that the project would stop); Parker Herriott - Hermosa Beach, requested initial petitions for both underground districts; asked about the timeline for payments and about the prison terms for people who do not comply; asked if the County would reassess properties when the poles are removed; David Augenstein - district resident, said he refused to sign the original petition, then three years later, in May 1999, he received a notice for the protest hearing; and Rob Beste - district resident, said there had been no notice prior to the hearing notice; said he would prefer to have half of the City included in the district. Action: To approve the staff recommendation to: 1.adopt Resolution No. 99-6025, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT BOND ACT OF 1915 FOR ASSESSMENT DISTRICT NO. 97-1 (LOMA DRIVE UTILITY UNDERGROUNDING) AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH."; and, 2.adopt Resolution No. 99-6026, entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING)." Motion Reviczky, second Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. The meeting recessed at 9:37 P.M. The meeting reconvened at 10:05 P.M., at which time the order of the agenda was suspended to go to item 6. (l) RECOMMENDATION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH PURKISS ROSE-RSI AND RETURN TO COUNCIL WITH AN AGREEMENT IN SEPTEMBER 1999 FOR THE PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES. Memorandum from Public Works Director Harold Williams dated August 3, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize staff to enter into negotiation with Purkiss Rose -- RSI and return to Council with an agreement in September 1999 for Phase III of the Pier reconstruction that includes the plaza, lifeguard facilities and restroom improvements, noting that the services of Purkiss Rose will include the preparation of detailed plans, specifications, cost estimates and other construction documents as required. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (d), (g), (h), (i), (j), (k) and (l) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. TEXT AMENDMENT TO THE ZONING ORDINANCE TO MODIFY THE M-1 ZONE PERMITTED USE LIST. Memorandum from Community Development Director Sol Blumenfeld dated July 21, 1999. (Continued from meeting of 7/27/99) At 8:35 P.M., Councilmembers Benz and Reviczky left the dais and the room due to potential conflicts of interest. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:52 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:52 P.M. Action: To waive full reading and introduce Ordinance No. 99-1193, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE," as amended this evening to eliminate storage uses and to add conditional use permit requirements to the following uses: 1) coated, plated and engraved metal products; 2) diecut paper, paperboard and cardboard; 3) machinery equipment and supplies; and 4) surfboards. Motion Bowler, second Mayor Oakes. AYES: Bowler, Edgerton, Mayor Oakes NOES: None ABSENT: Benz, Reviczky At 8:55 P.M., Councilmembers Benz and Reviczky returned to the dais. 5.CERTIFY COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPT THE CMP LOCAL IMPLEMENTATION REPORT, PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated August 2, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:56 P.M. Action: To adopt Resolution No. 99-6022, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," as recommended by staff. Motion Benz, second Bowler. The motion carried by a unanimous vote. At 8:59 P.M., the order of the agenda returned to item 1(b). MUNICIPAL MATTERS 6. REQUEST FROM THE ALOHA DAYS COMMITTEE FOR PERMISSION TO BUILD A SURFING MUSEUM ON CITY PROPERTY. Memorandum from City Manager Stephen Burrell dated August 3, 1999. Supplemental letter and pictures from Scott Kerwin. City Manager Burrell responded to Council questions. Public participation opened at 10:05 P.M. Coming forward to address the Council on this item were: Abel Ybarra - representing Aloha Days, spoke to the request for a surf museum on the north side of the base of the pier; said the time frame to raise money was 18 months; and Shirley Cassell - Hermosa Beach, supported the idea of a surf museum but opposed its placement on the beach; said the City should not give up any part of its beach. Public participation closed at 10:12 P.M. Action: To direct staff to report back on the costs associated with a public use or private use building at the end of the Pier, including criteria for utilities, with the understanding that a public hearing on the issue would be scheduled at a later date following that review. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 7. REQUEST FOR CITY TO SHARE IN THE COST OF IMPROVEMENTS AT 333 11TH STREET. Memorandum from Public Works Director Harold Williams dated August 3, 1999. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 10:45 P.M. Coming forward to address the Council on this item were: Loraine Namonny - applicant, said she knew about having to pay for the sidewalk, curb and gutter, but just found out about having to pay for street paving, at a cost of $35,000; and Larry Peha - architect, said this was a unique condition because it was on a corner, that it would be nearly 100 feet, not 30 feet; said the work would require a lot of grading as well. Public participation closed at 10:55 P.M. Action: To deny the request. Motion Benz, second Reviczky. The motion carried by a unanimous vote. At 11:07 P.M., the order of the agenda returned to item 1(g). 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS APPOINTMENTS TO PLANNING COMMISSION TO FILL TWO EXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated July 8, 1999. (Continued from meetings of 7/13/99 & 7/27/99) City Clerk Doerfling presented the staff report and responded to Council questions. Action: To reappoint Sam Perrotti to the Planning Commission for a four-year term expiring June 30, 2003. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To appoint Peter Hoffman to the Planning Commission for a four-year term ending June 30, 2003. Motion Benz, second Edgerton. The motion carried, with no objections. b.CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 20, 1999. (Continued from meetings of 7/13/99 and 7/27/99) City Clerk Doerfling presented the staff report and responded to Council questions. Action: Mayor Oakes directed, with the consensus of the Council, to change the delegate to Mayor Oakes and the alternate to Mayor Pro Tempore Reviczky for the League of California Cities - Board of Directors, and to approve the remainder of assignments as listed. c. CITY/SCHOOL DISTRICT SUBCOMMITTEE REPORT. Memorandum from Subcommittee dated July 29, 1999. Action: To approve the recommendation to: 1) Allow the use of the building at South Park as part of the after school program and execute a cooperative agreement with the School District; and, 2) accept the improvements to be made to the entire building as the consideration for building use. Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote. d.DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated August 4, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To designate Mayor Oakes as the voting delegate and Mayor Pro Tempore Reviczky as the alternate for the League of California Cities Annual Conference. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a.Request by Councilmember Bowler to consider designating lower Pier Avenue as a "Pedestrian Plaza". (Continued from meetings of 7/13/99 and 7/27/99) Councilmember Bowler spoke to his request, specifying no trick skating or skateboarding, with enforcement as needed. Action: To direct staff to report back at a future meeting on an appropriate signage program. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. b.Request by Councilmember Edgerton to direct staff to modify bench seating at South Park Roller Hockey Rink so that small children can view the action while seated. (Continued from meetings of 7/13/99 and 7/27/99) Councilmember Edgerton spoke to his request, noting that the benches were designed for adults, not children. Action: To direct staff to modify the benches at the South Park Roller Hockey Rink. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. c. Request from Mayor Pro Tem Reviczky that the City Council consider adopting a resolution designating the use of the Utility Users Tax funds to sewer maintenance and renovation, public safety and capital projects. Councilmember Reviczky spoke to his request. Action: To direct staff to prepare a resolution for Council adoption at a future meeting. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, asked the status of the remodel of the Council Chambers. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 10, 1999, at the hour of 11:43 P.M. to the Regular Meeting of Tuesday, September 14, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 14, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None PRESENTATION: PRESENTATION OF PLAQUE TO PETER TUCKER IN RECOGNITION OF HIS SERVICE ON THE PLANNING COMMISSION Former Planning Commissioner Peter Tucker was not present to receive his plaque. Mayor Oakes said the plaque would be forwarded to him and expressed appreciation for his many years of excellent service to the community. ANNOUNCEMENTS: Mayor Oakes announced and invited all residents to participate in the millennium aerial hometown photograph at the beach Sunday, September 19, 1999 from noon to 3:00 P.M. She reminded everyone that October 1, 1999 was the deadline for purchasing, at $100 each, millennium walkway bricks, which could be engraved. She then announced that Saturday, September 18, 1999 was California Coastal Cleanup Day from 9:00 A.M. to noon, and said this was an excellent event to help keep the beaches clean and educate the children. Councilmember Edgerton said there would be a dunk tank at the hometown photo site and encouraged all Councilmembers to take a turn getting dunked, noting that the proceeds would benefit the Hermosa Beach Education Foundation. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: John Workman - City Treasurer, announced that the South Bay/Torrance Salvation Army's 7th Annual Health and Resource Fair for senior citizens, and caregivers would take place Saturday, September 18, 1999, from 10 A.M. to 4 P.M. at the Salvation Army facility at Emerald and Earl streets, behind Little Company of Mary; said there would be about 50 participants, including pharmacists, and free health screenings, as well as food, entertainment, and antique cars on display; said flyers were in the foyer; Shirley Cassell - Hermosa Beach, said Councilmember Edgerton again did not have his $4,000 laptop computer; reviewed and objected to the amount of money spent over the past year or so on the tennis courts and skateboard park; questioned the City Manager's removal of citizen comments from the end of the agenda (Mayor Oakes said she had requested that change because there was ample time for citizen comments at the start of the meetings and because the Council often has to stay after the meetings to attend closed sessions, which may last until 1:00 A.M.); and Jim Lissner - 2715 El Oeste, requested that consent calendar items 1(j) and (k) be pulled for later discussion; said the recent 30-day delay in the process experienced by a proposed restaurant was due to improper noticing and showed the Council a picture he had taken of the notice located behind two trees. (b) WRITTEN COMMUNICATIONS 1. Letter from various residents regarding a vicious dog on Third Street. Coming forward to address the Council on this item was: Michael Glassman - Hermosa Beach, said he was the owner of the 7-year-old dog involved and that he had taken corrective measures, including the installation of a gate at the entrance to his house and the hiring of a professional trainer, to ensure there would be no future incidents. Action: To receive and file. Motion Bowler, second Mayor Oakes. The motion carried by a unanimous vote. 2. Letter from the Heart of Hermosa Coalition requesting improvements to 14th Street. No one came forward to address the Council on this item. Action: To receive and file the letter, and suggest that the residents work with staff regarding their request to beautify the barricades to determine the cost of the proposed improvements. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. 3. Letter and petition from Phyllis Macek regarding the barricade at Ocean View and Third Street. Coming forward to address the Council on this item was: Janet Taranto - 906 Third Street, responded to the petition requesting removal of the barricades until the required public hearings and a valid traffic study have been conducted; said a valid traffic study was done before and after the barricades were put up; showed a traffic study map she had prepared (Mayor Oakes noted that the issue would be considered at the October 19, 1999 Planning Commission meeting). City Manager Burrell responded to questions, saying the final traffic report has been completed and the proposed change to the City's Circulation Element would designate that section of Ocean View as a walk street. Action: To receive and file. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. 4. Letter from Parker Herriott regarding lighting and signage at Noble Park. Coming forward to address the Council on this item was: John Hales - 624 Eighth Place, said the Noble family had donated $90,000 for the park but there had been no follow-through by the City to maintain it; spoke of damage to the park, noting bike tracks over the tops of all the mounds; said the site was not intended to be a bike park and suggested posting signage prohibiting bicycle antics at the park; also suggested asking the Garden Club for landscaping recommendations (Mayor Oakes said she would welcome any advice from the Garden Club regarding trees that would thrive in the park). City Manager Burrell responded to Council questions. Action: To direct staff to look into the posting of "No Bicycles In The Grass" signs at the park. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. 5. Letter from Roger Bacon requesting approval of the Surfer's Walk of Fame Banner Program - Los Angeles Marathon 2000. Coming forward to address the Council on this item was: Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter; presented directly to the Council letters from Los Angeles County Supervisor Don Knabe and Marathon sponsor Honda Motor Cars. Action: To approve the request to allow the display of a banner across Pacific Coast Highway near First Street for use by the Los Angeles Marathon 2000 for a 30-day period, starting in early February 2000. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 6. Letter from Jim Lissner regarding insurance for events. Proposed Action: To limit the number of letters a person may place on any agenda to two letters. Motion Benz, second Edgerton. That motion was withdrawn based on the advice of City Attorney Jenkins that the issue be brought back for action at a future meeting as it was not listed on this agenda. Action: Mayor Oakes, with Council consensus, directed staff to bring back at a future meeting the issue of limiting the number of written communications per agenda. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter regarding insurance for events. Action: To receive and file the letter. Motion Bowler, second Mayor Oakes. The motion carried by a unanimous vote. 7. Letter from Jim Lissner regarding the Fire Chief position. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file. Motion Benz, second Bowler. The motion carried by a unanimous vote. 8. Letter from Jim Lissner requesting a sales tax breakdown by business category within each geographic area. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste, spoke to his letter, noting that the breakdown would be an economic planning tool; and Scott Alden - 646 Sixth Street, said the suggestion made good business sense. City Manager Burrell responded to Council questions. Action: To direct staff to return with a proposal from HDL for business category breakdowns. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 9. Letter from Jim Lissner requesting quality, lighted, temporary restrooms on Pier Avenue. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 10. Letter from Jim Lissner regarding the appearance of, and tax revenue to the City from, Pacific Coast Highway. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter and submitted photographs. City Manager Burrell responded to Council questions. Action: To receive and file. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 11. Letter from Jim Lissner regarding liquor sales to underage persons. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter; and David Guard - 717 Second Street, spoke regarding the Council proposal [noted under item (b)6.] to limit the number of letters; said the Council could not limit the public's right to speak. Action: To receive and file the letter. Motion Benz, second Edgerton. The motion carried by a unanimous vote. City Manager Burrell announced the request to continue public hearing item 5 to the September 28, 1999 meeting, noting that Planning Commission consideration would be postponed as well from September 21 to the October 19, 1999 meeting. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (v), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (j) Reviczky, (k) Reviczky for Jim Lissner, (m) Bowler, (o) Mayor Oakes, (p) Bowler, (q) Benz, (r) Bowler, (u) Reviczky, and (v) Benz. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 8:31 P.M., the order of the agenda was suspended to go to public hearing item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Regular meeting held on July 13, 1999; (2) Minutes of the Adjourned Regular meeting held on July 27, 1999; (3) Minutes of the Regular meeting held on July 27, 1999; and, (4) Minutes of the Adjourned Regular meeting held on August 10, 1999. Action: To approve, as presented, the minutes of 1) the Regular Meeting of July 13, 1999; 2) the Adjourned Regular Meeting of July 27, 1999; 3) the Regular Meeting of July 27, 1999; and 4) the Adjourned Regular Meeting of August 10, 1999. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18295 THROUGH 18688, NOTING VOIDED CHECK NOS. 18419, 18441, 18447, 18473, 18559 AND 18607, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 18197, 18309, 18313, 18468, 18569 AND 18600, AS RECOMMENDED BY THE CITY TREASURER. (Councilmember Benz requested a staff report on workman's comp but did not pull this item for discussion.) Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 1999 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the July 1999 financial reports as presented. (e) RECOMMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE POLICE DEPARTMENT FOR THE FOLLOWING PURPOSES: (1) 1999 Sunset Concerts on the Beach Hill and Knowlton - $10,000.00 (2) Roller Hockey jerseys Hermosa Kiwanis Foundation - $500.00 (3) Chevron Surf Camp Chevron - $6,000.00 Surfrider Foundation - $1,000.00 (4) D.A.R.E. Program Stephen and Celina Douglas - $360.00 Memorandum from Finance Director Viki Copeland dated September 7, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To accept the donations listed above, which were given to the Community Resources and Police departments. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE LEASE AGREEMENTS BETWEEN THE CITY AND THE ASSOCIATION FOR RETARDED CITIZENS, EASTER SEALS SOCIETY AND SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated July 19, 1999. Action: To approve the Parks, Recreation and Community Resources Commission and staff recommendation to approve the following Community Center lease agreements: 1.Association for Retarded Citizens for one year for Rooms 1, 2 and 15 (2,360 square feet), at a monthly rent of $2,430.80 from October 1, 1999 through June 30, 2000, and $2,548.80 from July 1 through September 30, 2000; 2.Easter Seal Society for one year for Room 14 (920 square feet) at a monthly rent of $947.60 from October 1, 1999 through June 30, 2000, and $993.60 from July 1 through September 30, 2000; and 3.South Bay Center for Counseling for one year for Room 9 (419 square feet) at a monthly rent of $431.57 from October 1, 1999 through June 20, 2000, and $452.52 from July 1 through September 30, 2000. (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 3, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of August 3, 1999. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 17, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of August 17, 1999. (i) RECOMMENDATION TO APPROVE REAPPROPRIATION OF FUNDS FROM 1998-99 AND APPROPRIATE FUNDS FOR MAINTENANCE OF DOWNTOWN HOLIDAY DECORATIONS. Memorandum from Finance Director Viki Copeland dated September 1, 1999. Action: To approve the reappropriation of funds (total $141,792) from Fiscal Year 1998-99, as presented in the staff report, and appropriate funds ($1,200) for maintenance of the already budgeted downtown holiday decorations, as recommended by staff. (j) RECOMMENDATION TO APPROVE THE PURCHASE OF THREE (3) CNG TOYOTA CAMRIES, AT A COST OF $65,973.00, DIRECT FROM TOYOTA MOTOR SALES CORPORATE FLEET DEPARTMENT AS REPLACEMENT VEHICLES. Memorandum from Finance Director Viki Copeland dated August 31, 1999. Supplemental letter from James Lissner, 2715 El Oeste, dated September 10, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting concerning the use of AQMD clean air grants to fund the purchase of the replacement vehicles. Action: To approve the purchase of three CNG Toyota Camries, at a cost of $65,973.30, direct from Toyota Motor Sales Corporate Fleet Department as replacement vehicles for the Public Works, Community Development and Finance departments, as recommended by staff. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE THE PURCHASE OF TWO (2) POLICE DETECTIVE VEHICLES (ONE CHEVY IMPALA AND ONE DODGE INTREPID) FROM CORMIER CHEVROLET OF LONG BEACH AND CLAUDE SHORT DODGE OF SANTA MONICA. Memorandum from Police Chief Val Straser dated August 24, 1999. Supplemental letter from James Lissner, 2715 El Oeste, dated September 10, 1999. This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, said he would rather see the money go to clean up the sidewalks on Pacific Coast Highway. Action: To authorize the purchase of two new police detective vehicles, as recommended by staff: 1) one Chevy Impala from Cormier Chevrolet of Long Beach at a cost of $20,332.76; and 2) one Dodge Intrepid from Claude Short Dodge of Santa Monica at a cost of $19,465.52. Motion Reviczky, second Benz. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE THE PURCHASE OF FIRE HOSE FROM SOUTH COAST FIRE EQUIPMENT, INC. OF SANTA ANA AT A COST OF $6,859.53. Memorandum from Interim Fire Chief Julian Ysais dated September 2, 1999. Action: To authorize the purchase of fire hose from South Coast Fire Equipment, Inc., at a cost of $6,859.53, from the Fire Flow Fund, as recommended by staff. (m) RECOMMENDATION TO APPROVE TRANSFER OF OWNERSHIP OF STINNETT WELL #1 FROM MACPHERSON OIL COMPANY TO THE CITY OF HERMOSA BEACH BY DESIGNATING THE CITY MANAGER AS "AGENT"; SUPPLYING THE REQUIRED BOND; AND, DIRECTING THE CITY MANAGER TO BEGIN THE PROCESS OF ABANDONING THE WELL. Memorandum from City Manager Stephen Burrell dated August 17, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To 1) designate the City Manager as "agent," with the required bond to be supplied by the City, and 2) direct the City Manager to begin the process of abandoning the well, as recommended by staff. Motion Bowler, second Edgerton. The motion carried, noting the abstention by Reviczky. (n) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 7, 1999. Claimant: Robert Suraci Date of Loss: 08/01/99 Date Filed: 09/07/99 Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (o) RECOMMENDATION TO APPROVE REQUEST FROM GREAT AUTOS OF YESTERYEAR CLASSIC CAR CLUB, A NON-PROFIT ORGANIZATION, TO CONDUCT A CAR CLUB DISPLAY ON THE PLAZA ON MARCH 4, 2000 FROM 10AM TO 3PM WITH REQUIREMENTS AND WAIVERS AS LISTED IN THE STAFF REPORT DATED SEPTEMBER 8, 1999. Memorandum from Community Resources Director Mary Rooney dated September 8, 1999. This item was removed from the consent calendar by Mayor Oakes for separate discussion later in the meeting. Action: To approve the request from Great Autos of Yesteryear Classic Car Club, a non-profit organization, to conduct a car club display on the Plaza on March 4, 2000 from 10:00 A.M. to 3:00 P.M., subject to the requirements/waivers listed in the staff report and the contract, as recommended by staff. Motion Benz, second Mayor Oakes. The motion carried by a unanimous vote. (p) RECOMMENDATION TO AUTHORIZE SETTING UP A FUND TO RECEIVE CONTRIBUTIONS FROM DONORS TO PROVIDE FINANCIAL ASSISTANCE TO PROPERTY OWNERS IN THE LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated September 8, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To authorize setting up a hardship fund to receive contributions from donors to provide financial assistance to property owners in the Loma Drive Utility Undergrounding Assessment District, as suggested by residents and recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (q) RECOMMENDATION TO RETAIN JOHN L. HUNTER AND ASSOCIATES, INC. TO ADMINISTER THE CITY'S MUNICIPAL STORM WATER PROGRAM AND IMPLEMENT NPDES PERMIT REQUIREMENTS FOR AN AMOUNT OF $35,120 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated September 1, 1999. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: 1.Retain John l. Hunter & Associates, Inc. to administer the City's Municipal Storm Water Program and implement NPDES permit requirements for an amount of $35,120; and 2.Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (r) RECOMMENDATION TO ACCEPT THE WORK BY PAVEMENT COATING COMPANY OF CYPRESS, ON CIP #98-141, STREET REHABILITATION, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR. Memorandum from Public Works Director Harold Williams dated August 25, 1999. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Action: To accept the work by Pavement Coating Company on CIP Project No. 98-141, Street Rehabilitation, and authorize final payment to the contractor (10 percent retained for 35 days following filing of Certificate of Completion), as recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (s) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR THE MONTEREY BOULEVARD STREET IMPROVEMENT PROJECT, 19TH STREET TO HERMOSA AVENUE, CIP #99-143, TO SULLY MILLER CONTRACTORS OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $184,545.00. Memorandum from Public Works Director Harold Williams dated August 26, 1999. Action: To approve the staff recommendation to: 1.Award the construction contract for the Monterey Boulevard Street Improvement Project, 19th Street to Hermosa Avenue (CIP 99-143), to Sully Miller Contractors of Anaheim in the amount of $184,545; 2.Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and 3.Authorize the Director of Public Works to make minor changes as necessary within the budget of $202,999. (t) RECOMMENDATION TO APPROVE THE CLASSIFICATION SPECIFICATIONS FOR PLANNING ASSISTANT AND PLANNING ASSOCIATE AS REVIEWED AND APPROVED BY THE CIVIL SERVICE BOARD. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 9, 1999. Action: To approve the staff recommendation to approve the classification specifications for Planning Assistant and Planning Associate as reviewed and approved by the Civil Service Board. (u) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE USE OF UTILITY USERS TAX REVENUES. Memorandum from City Manager Stephen Burrell dated September 9, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, asked why this was being done now; said it will not be needed if the measure to repeal the UUT is approved by the voters in November. Action: To approve the staff recommendation to adopt Resolution No. 99-6027, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE USE OF UTILITY USERS TAX FUNDS TO SEWER MAINTENANCE AND RENOVATION, PUBLIC SAFETY AND CAPITAL PROJECTS." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (v) RECOMMENDATION TO AWARD BID FOR PURCHASE OF A COMPAQ PROLIANT 1600--500 MHZ FILE SERVER TO GE CAPITAL FOR $8,758.15 (INCLUDES TAX). Memorandum from Data Processing Technician Joe Duckett. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Action: To award the bid for a Compaq Proliant 1600--500 MHz file server to GE Capital for $8,758.15, as recommended by staff. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES a. ORDINANCE NO. 99-1193 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE. For adoption. Memorandum from City Clerk Elaine Doerfling dated September 7, 1999. Action: To waive full reading and adopt Ordinance No. 99-1193. Motion Bowler, second Mayor Oakes. AYES: Bowler, Edgerton, Mayor Oakes NOES: None ABSTAIN: Benz, Reviczky ABSENT: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(e), (j), (k), (m), (o), (p), (q), (r), (u) and (v) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL TO THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AND TO ADD A DANCING AREA AND LIVE ENTERTAINMENT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, "SCOTTY'S." (Continued from June 22, 1999 meeting). Memorandum from Community Development Director Sol Blumenfeld dated September 1, 1999. Supplemental letter from Alfred Salido, 40 Fourth Street, dated September 14, 1999. At 8:32 P.M., Councilmember Bowler left the dais and the room due to a potential conflict of interest. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions, noting that, after reviewing the issue, it had been determined that Councilmember Benz did not have a conflict of interest with regard to this item. City Manager Burrell also responded to Council questions. The public hearing opened at 8:52 P.M. Coming forward to address the Council on this item were: Frank Wattles - Hermosa Beach, attorney representing the applicant, said he was contacted late today about a withdrawal by the applicant's previous attorney; requested a continuance to the next meeting to allow him sufficient time to review and prepare to adequately present the matter; Steve Hunt - Hermosa Beach, said Councilmember Benz should not put himself in the position of an appearance of a conflict of interest, since the applicant is his wife's landlord; expressed concerns about the proposed project; Al Brolundy - Hermosa Beach, said his house has had two instances of violent crime, and recently a breaking in and burglary while people were asleep in the house; and Shirley Cassell - Hermosa Beach, said those problems were not created by the applicant's restaurant. The public hearing closed at 9:10 P.M. Action: To continue the public hearing to the meeting of October 26, 1999, with direction to re-notice the item. Motion Mayor Oakes, second Benz. The motion carried, noting the absence of Bowler. 5.CERTIFICATE OF APPROPRIATENESS FOR INTERIOR AND EXTERIOR REMODEL TO A DESIGNATED HISTORIC LANDMARK BUILDING. REMODEL WILL INCLUDE SEISMIC RETROFIT OF BUILDING AND RENOVATION/REPAIR OF EXTERIOR ELEVATIONS WITH NO FLOOR AREA ADDED AT 1221 - 1235 HERMOSA AVENUE, BIJOU BUILDING. Memorandum from Community Development Director Sol Blumenfeld dated September 1, 1999. Supplemental letter from Jeff Mindes, CIM Group, dated September 14, 1999. This public hearing was continued at the request of CIM Group to the September 28, 1999 City Council meeting The meeting recessed at 9:14 P.M. The meeting reconvened at 9:37 P.M. MUNICIPAL MATTERS 6.EIGHTH STREET - EAST OF PACIFIC COAST HIGHWAY, TRAFFIC MITIGATION REQUEST. Memorandum from Public Works Director Harold Williams dated September 1, 1999. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:45 P.M. Coming forward to address the Council on this item were: Stacey Montalto - 715 Prospect Avenue, agreed with the staff report and wanted to try the chokers on a six-month trial basis; said they also needed signage to stop wrong-way drivers; Donna Maryanski-Bebb - 1018 Eighth Street, said the chokers would slow the traffic at the opening at Prospect Avenue, but they needed to consider the left-turn signal eastbound onto Eighth Street from Pacific Coast Highway, which allows cars to go only 20 feet; and Steve Charney - 934 Eighth Street, thanked staff for their fast work; supported the chokers as long as they did not take any parking spaces away; said the street needed to be resurfaced and that perhaps it could be done at the same time the chokers were installed. Public participation closed at 9:55 P.M. Action: To approve the staff recommendation to: 1.Approve the installation of chokers on Eighth Street from Prospect Avenue to the half-street barricade located approximately 131 feet east of Pacific Coast Highway on a six-month trail basis, with additional direction for "right-turn only" signage at Ocean Drive; and 2.Direct staff to return to Council after the six-month trial period with a report of findings, with additional direction that the recommended proposals for permanent chokers be aesthetically pleasing. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. 6.LIGHTED MARQUEE AT THEATER ENTRY FOR HERMOSA BEACH PLAYHOUSE. Memorandum from Community Resources Director Mary Rooney dated September 8, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:00 P.M. Coming forward to address the Council on this item was: James Blackman - executive director for the South Bay Civic Light Opera, spoke to the item and responded to Council questions. Public participation closed at 10:10 P.M. Action: To: 1.Approve the design and authorize the purchase of a marquee for the Theater entry with two of the four amendments recommended by the Parks, Recreation and Community Resources Commission - to narrow the width of the sign to allow space between the column details, and to allow adequate space between the bottom of the sign and the entry door to retain all building details; 2.Appropriate up to $17,000 from CIP account #99-627 (Community Center Improvements) to purchase the marquee; and 3.Authorize the entry name of "Hermosa Beach Playhouse" for the Civic Theater. Motion Benz, second Bowler. The motion carried by a unanimous vote. 6.REQUEST FOR APPROVAL OF ENCROACHMENT AT 2554 ARDMORE AVENUE. Memorandum from Public Works Director Harold Williams dated September 7,1999. Public Works Director Williams presented the staff report and responded to Council questions. Public participation opened at 10:14 P.M. Coming forward to address the Council on this item was: Dave Rosenball - property owner, said the wall would be stuccoed when the rest of the building was done; said he would maintain the landscaping and irrigation in the parkway in front of his home, expressed concern about the catch basin (Councilmember Reviczky wanted homeowners to be aware that some future Council may act to widen that street, and requested that staff evaluate the catch basin for improvements). Public participation closed at 10:16 P.M. Action: To approve the staff recommendation to approve issuance of an encroachment permit for a six-foot fence as requested by the owners of the property at the corner of Gould and Ardmore avenues - 2554 Ardmore Avenue. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 6.PROPOSAL BY COUNCILMEMBER EDGERTON TO ENACT A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE IN THE DOWNTOWN AREA AS DEFINED. Memorandum from City Manager Stephen Burrell dated September 9, 1999. Supplemental letter from James Lissner, 2715 El Oeste, dated September 10, 1999. City Attorney Jenkins responded to Council questions. Councilmember Bowler left the dais and the room due to a potential conflict of interest, based on the opinion of the City Attorney. City Manager Burrell presented the staff report and responded to Council questions, noting that the ordinance required a four/fifths vote for adoption. City Attorney Jenkins and Community Development Director Blumenfeld responded to Council questions. Public participation opened at 11:20 P.M. Coming forward to address the Council on this item were: Jim Lissner - Hermosa Beach, said the moratorium did not deal with alcohol uses; suggested that the Council consider limiting business hours to an earlier than 2 A.M. time; and David Grem - owner of Shirt Tails at 34 Pier Avenue, spoke in support of the moratorium; said his was a family-run business for 25 years with a large clientele; said he was working on a long-term lease with plans to fix up the building; expressed concern that the adjacent restaurant wanted to expand into his space and add alcohol; said retail use was needed; Public participation closed at 11:30 P.M. Action: To continue the item to the October 12, 1999 meeting. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Bowler. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. NEW PETITION EFFORT TO FORM A UTILITY UNDERGROUND ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated August 26, 1999. City Manager Burrell presented the staff report and responded to Council questions. There was no action was taken on this item. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Edgerton to increase the Pier Plaza cleaning schedule. Councilmember Edgerton spoke to his request. City Manager Burrell responded to Council questions. Action: To direct staff to return with a report regarding the cleaning schedule, including a steam cleaning of the plaza after events. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. b. Request from Councilmember Benz to change the operation of the 15-minute parking zone from 7:00am to 6:00pm to 7:00am to 10:00pm. Councilmember Benz spoke to his request. City Manager Burrell responded to Council questions. Action: To direct staff to return with an ordinance to make the change. Motion Benz, second Edgerton. The motion carried by a unanimous vote. c. Request from Councilmember Edgerton to discuss status of changes to development standards for residential zones. Councilmember Edgerton withdrew this item. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 14, 1999, at the hour of 11:55 P.M. to the Regular Meeting of Tuesday, September 28, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 28, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Betty Evans ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None ANNOUNCEMENTS: Councilmember Reviczky noted the success of the community beach photo event Sunday, September 19, 1999. Mayor Oakes and Councilmember Edgerton concurred. PROCLAMATIONS: RIDESHARE WEEK -- OCTOBER 4-8, 1999 Mayor Oakes read the proclamation and declared October 4 - 8, 1999 as Rideshare Week in Hermosa Beach. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that consent calendar item 1(b) be pulled for later discussion; said Councilmember Edgerton still had not brought in his $4,000 laptop computer; commented on the City's budget and the use of special funds (City Attorney Jenkins responded that special funds may be used only for the purposes for which they were deposited); Joe Mark - president of the Hermosa Beach Education Foundation, estimated an attendance of 4,000 to 6,000 people for the community photo; thanked the Council, staff and residents who attended; said they raised $10,000 as of Sunday night and he expected that figure to double after the photo and T-shirt orders, noting that the forms were available at the schools; James Jaffe - property manager of Marineland Mobile Home Park, requested that consent calendar item 1(k) be pulled for later discussion; Jeff Piper - 1401 Bonnie Brae, submitted a petition pertaining to the traffic mitigation issue on Eighth Street, east of Pacific Coast Highway, which had been considered by Council (item 6) at its last meeting and asked about the process (Assistant City Manager Rooney said Public Works was working on the matter and that the item would be brought back to the Council); Gloria Anderson - 135 Monterey, announced the annual fundraiser for Project Touch - the Fall Classic Car Show - would take place Sunday, October 17, 1999, from 10 A.M. to 4 P.M. at Clark Field; said admission was $6 and car entries were $20; noted the annual Woman's Club pancake breakfast that morning at the Clark Building; Alfred Bowman - Seventh Street, spoke about an upcoming movie about him and his dog; announced the names of the candidates he was supporting in the upcoming election; and Donley Falkenstien - said October 4 was the last day to register to vote at the November 2 election. b.WRITTEN COMMUNICATION 1.Letter from Jim Lissner regarding request to provide crime data and fire response breakdown by geographic area. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter; referred to geographic breakdowns he made which were on display; said this was a management tool and suggested that the Police Department produce this report for the City. Action: To receive and file. Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote. 2.Letter from Betty Evans of the Hermosa Garden Club responding to Council's request for ideas on trees that would thrive in Noble Park. Coming forward to address the Council on this item was: Betty Evans - 1769 Valley Park Avenue, spoke to her letter; said the current trees in Noble Park had initially been recommended for the park by the Garden Club; said they were fine for that site but needed deep watering with plastic pipe working with the sprinklers and/or a hand-held hose; said with deep watering, the trees would come around when they were bigger; said the park needed some flowers for color, and noted that the Club had a civic beautification fund. Assistant City Manager Rooney responded to Council questions. Action: To direct staff to look into providing deep watering for the park trees and adding flowers for color. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. 3.Letter from Donley Falkenstien requesting that the City Council promote the upcoming election by posting notice on the City marquis, on banners on Pacific Coast Highway, Pier Avenue, and Aviation Boulevard, and by placing advertisements in the local newspapers. Coming forward to address the Council on this item was: Donley Falkenstien - Hermosa Beach, spoke to his letter, noting that Redondo Beach does a full-page ad and Manhattan Beach puts up a banner. Assistant City Manager Rooney responded to Council questions. Action: To direct staff to advertise the upcoming election on the City marquee and on cable. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 4.Letter from W. Lynne Brown and David L. Gerard regarding complaints related to Hermosa Saloon and the City Parking lot behind it. Coming forward to address the Council on this item were: David Gerard - Second Street, spoke to his letter. Richard Banner - Hermosa Saloon, said he has been working with Mr. Gerard to resolve the problem. Action: To receive and file. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote 5.Letter from W. Lynne Brown and David L. Gerard regarding complaints related to Vasek Polak VW/Audi/Porsche dealership. Coming forward to address the Council on this item was: David Gerard - Second Street, spoke to his letter. Action: To receive and file. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Oakes for Shirley Cassell, (g) Mayor Oakes, (j) Councilmember Benz, and (k) Councilmember Edgerton for James Jaffe. Motion Bowler, 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. At 8:15 P.M. the order of the agenda was suspended to go to public hearing item 4. (a) RECOMMENDATION TO APPROVE THE MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 10, 1999. Action: To approve as presented the minutes of Regular Meeting of August 10, 1999. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18689 TO 18848, NOTING VOIDED CHECK NO. 18847, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 18700, 18836, AND 18835, AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Mayor Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this issue was: Shirley Cassell - Hermosa Beach, questioned warrant 18712 concerning holiday decorations and warrant 18768 concerning the tennis court contract. Assistant City Manager Rooney responded to the questions posed by Ms. Cassell, as well as one by Councilmember Benz with regard to workman's compensation. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried, noting the absence of Mayor Oakes. (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 MEMORANDUM REGARDING THE AUGUST 1999 FINANCIAL REPORTS. Action: To receive and file the memorandum regarding the August 1999 Financial Reports as presented. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel director/Risk Manager Michael Earl dated September 20, 1999. Claimant: McRae, Susan Date of Loss 8/22/99 Date Filed 9/14/99 Claimant: Burton, Nickolas Date of Loss 6/22/99 Date Filed 9/15/99 Action: To approve the staff recommendations to deny the listed claims and refer to the City's Liability Claims Administrator. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM PARKS, RECEREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 7, 1999. Action: To receive and file action minutes from Parks, Recreation and Community Resources Advisory Commission meeting of September 7, 1999. (g) RECOMMENDATION TO APPROVE THE REQUEST FROM PROJECT TOUCH TO CONDUCT A CLASSIC CAR SHOW ON CLARK FIELD, SUNDAY, OCTOBER 17, 1999 FROM 10:00AM TO 4:00 PM AND WAIVE THE CLARK FIELD RENTAL FEE, THE PARTICIPANT/SPECTATOR FEE, AND THE BANNER PERMIT FEE. Memorandum from Community Resources Director Mary Rooney dated September 20, 1999. This item was removed from the consent calendar by Mayor Oakes for separate discussion later in the meeting. Coming forward to address the Council on this item was: Eleanor Lynn - Hermosa Beach, said the Woman's Club pancake breakfast, featuring pancakes, sausage, eggs and orange juice at a cost of $5 for adults, will take place in the Clark Building the same day from 8 a.m. to noon. Action: To approve the request from Project Touch to conduct a Classic Car Show on Clark field Sunday, October 17, 1999 from 10:00 A.M. to 4:00 P.M., subject to the requirements/waivers listed in the staff report, including waiver of the Clark Field rental fee, the participant/spectator fee and the banner permit fee. Motion Benz, second Bowler. The motion carried, noting the absence of Mayor Oakes. At 9:28 P.M., the order of the agenda was returned to item 1(b). (h) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND RESOURCES FOR INDEPENDENCE FOR ROOM 11 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 21, 1999. Action: To approve, as recommended by staff, the lease agreement between the City and Resources for Independence for Room 11 (400 square feet) of the Community Center, for a one year period (from October 1, 1999 through September 30, 2000) at the current rate of $412 per month through June 30, 2000 (subject to change after July 1, 2000). (i) RECOMMENDATION TO APPROVE THE REQUEST OF THE UNITED STATES SURFING FEDERATION TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH SOUTH OF THE PIER ON SUNDAY, NOVEMBER 7, 1999, FROM 6:00 AM TO 6:00 PM AND SATURDAY, NOVEMBER 27, 1999, FROM 6:00 AM TO 6:00 PM; WAIVE THE PER PARTICIPANT/SPECTATOR FEES; AND REDUCE THE REQUIREMENT OF $2 MILLION COMBINED SINGLE LIMIT GENERAL LIABILITY COVERAGE TO $1 MILLION. Memorandum from Community Resources Director Mary Rooney dated September 15, 1999. Action: To approve the recommendation of staff and the Parks, Recreation and Community Resources Commission to: 1.Approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach south of the Hermosa Beach Pier on Sunday, November 7, 1999 from 6:00 A.M. - 6:00 P.M., and Saturday, November 27, 1999 from 6 A.M. - 6:00 P.M.; 2.Waive the per participant/spectator fees; 3.Reduce the requirement of $2 million combined single limit general liability coverage to $1 million; and 4.Approve the event contact. (j) RECOMMENDATION TO APPROPRIATE $432,660 FROM THE SEWER FUND FOR INSTALLATION OF CONTINUOUS DEFLECTION SEPARATOR (CDS) CLARIFIER UNITS; AND, APPROPRIATE $64,687 FROM THE SEWER FUND FOR INSTALLATION OF CATCH BASIN INSERTS CITYWIDE. Memorandum from Public Works director Harold Williams dated September 21, 1999. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting concerning the possibility of incorporating a storm water diversion pump into the project. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: 1.Appropriate $367,761 from the Prop A Fund and $64,899 from the Sewer Fund for CIP 99-305 - installation of continuous deflection separator (CDS) clarifier units; 2.Appropriate $56,250 from the Prop A Fund and $8,438 from the Sewer Fund for CIP 99-306 - installation of catch basin inserts citywide; and 3.Budget estimated revenue of $424,011 in Prop A Open Space funds for this project; with direction to staff to look into the possibility of another grant for a storm water diversion pump and to agendize that for a future capital improvement project. Motion Benz, second Bowler. The motion carried, noting the absence of Mayor Oakes. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1999. This item was removed from the consent calendar by Councilmember Edgerton at the request of James Jaffe for separate discussion later in the meeting. City Attorney Jenkins cautioned the Council not to comment on the merits of the case. Coming forward to address the Council on this item were: James Jaffe - property manager of Marineland Mobile Home Park, spoke to the Planning Commission's denial of their request to revamp the park (item 11 on the Commission's agenda); said the previous managers were no longer involved; Susan Moss - owner of Marineland Mobile Home Park, disputed comments, saying she never threatened retribution to any of the park residents; and Shirley Cassell - Hermosa Beach, suggested that the City send a service officer to interview the mobile home park residents. Action: To receive and file the action minutes of the Planning Commission meeting of September 21, 1999. Motion Bowler, second Mayor Pro Tempore Reviczky. The motion carried, noting the absence of Mayor Oakes. (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25255 FOR A 2-UNIT CONDOMINIUM AT 651 - 11th STREET. Memorandum from Community Development Director Sol Blumenfeld dated September 20, 1999. Supplemental final map submitted September 28, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6028, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 25255 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 651 11TH STREET, HERMOSA BEACH, CALIFORNIA." 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (g), (j), and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.CERTIFICATE OF APPROPRIATENESS FOR INTERIOR AND EXTERIOR REMODEL TO A DESIGNATED HISTORIC LANDMARK BUILDING. REMODEL WILL INCLUDE SEISMIC RETROFIT OF BUILDING AND RENOVATION/REPAIR OF EXTERIOR ELEVATIONS WITH NO FLOOR AREA ADDED AT 1221 - 1235 HERMOSA AVENUE, BIJOU BUILDING. (Continued from meeting of September 14, 1999) Memorandum from Community Development Director Sol Blumenfeld dated September 23, 1999. At 8:15 P.M., Councilmember Bowler left the dais and the room due to a potential conflict of interest. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Coming forward to address the Council were: John Givenn - CIM Group, reviewed the interior scenarios, citing three or four retail tenants; said the lobby would be preserved, providing ingress/egress for one tenant; said they would be putting in full ADA compliant bathrooms, but first needed a final lease arrangement; said the bathrooms on the upper floors would be remodeled to be ADA compliant; Sami Lel Bayar - RTK, project architect, reviewed the new plans which were on display; and Jan Ostashay - PCR, responded to Council questions, said she had been going out to the site and monitoring the project from before construction began, was in constant contact with the City and the CIM Group and was very impressed; said the outstanding issue concerning access was where the elevator would go. The public hearing opened at 8:45 P.M. As no one came forward to address the Council, the public hearing closed at 8:45 P.M. Action: To adopt Resolution No. 99-6029, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CERTIFICATE OF APPROPRIATENESS FOR AN INTERIOR AND EXTERIOR REMODEL TO A DESIGNATED HISTORIC LANDMARK COMMERCIAL BUILDING AT 1221 HERMOSA AVENUE." Motion Benz, second Reviczky. The motion carried, noting the absence of Bowler. The meeting recessed at 9:00 P.M., following Mayor Oakes announcement that she would have to leave due to a family emergency. The meeting reconvened at 9:23 P.M., chaired by Mayor Pro Tempore Reviczky, and the order of the agenda returned to the removed consent calendar items, beginning first with item 1(g) due to the number of audience members present for that item. MUNICIPAL MATTERS 5. AMENDMENT TO MUNICIPAL CODE CHANGING HOURS OF ENFORCEMENT FOR 15-MINUTE GREEN ZONES. Memorandum from City Manager Stephen Burrell dated September 23, 1999. Assistant City Manager Mary Rooney responded to Council questions. Public participation opened at 9:55 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned a green zone put in for some unknown reason on Monterey at the driveway to existing condominiums; said no one ever parks there and it was a wasted parking space (staff will look into it). Public participation closed at 9:56 P.M. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 99-1194, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.250 OF THE MUNICIPAL CODE TO REMOVE THE HOURS OF ENFORCEMENT FOR GREEN CURB MARKINGS." Motion Benz, second Mayor Pro Tempore Reviczky. The motion carried, noting the absence of Mayor Oakes. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Benz to direct staff to return with an ordinance to revise the Business License Code to drop reference to delivery vehicles regulated by PUC, DMV and CAB. Councilmember Benz spoke to his request. Finance Director Copeland responded to Council questions, saying there does seem to be some ambiguity and that staff would bring something back to clarify the issue. Action: To direct staff to look at some of the requirements that are unenforceable or illegal. Motion Benz, second Edgerton. The motion carried, noting the absence of Mayor Oakes. b. Request by Councilmember Benz to direct staff to return with an ordinance to allow each business in Hermosa Beach one contractor's permit per year. Councilmember Benz spoke to his request, saying it would enable businesses to get an annual contractor's permit to cover standard maintenance by plumbers and locksmiths. Coming forward to address the Council on this item was: John Workman - City Treasurer, objected to the proposal, saying it would allow contractors from other cities to come in and take work away from those in the community who pay for their own business licenses. Action: To direct staff to return with an ordinance to allow each business in town one contractor's license per year. Motion Benz. The motion died due to the lack of a second. (Mayor Oakes absent) c. Request by Councilmember Benz that the City Council provide an annual review of the City Attorney. Councilmember Benz spoke to his request, saying this would be consistent with the annual review of the City Manager. Action: To direct staff to agendize this item. Motion Benz. The motion died due to the lack of a second. (Mayor Oakes absent) d. Request by Councilmember Edgerton to start a senior citizens social event on the Plaza and invite the businesses to participate. Councilmember Edgerton spoke to his request, suggesting that perhaps restaurants could take turns hosting the afternoon event. Action: To refer the matter to the Parks, Recreation and Community Resources Advisory Commission for review and recommendations. Motion Edgerton, second Benz. The motion carried, noting the absence of Mayor Oakes. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 28, 1999, at the hour of 10:23 P.M. to the Regular Meeting of Tuesday, October 12, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 12, 1999, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Michael Jenkins, City Attorney ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 7:28) PROCLAMATIONS/PRESENTATIONS: DOMESTIC VIOLENCE AWARENESS MONTH, OCTOBER, 1999 Mayor Oakes read the proclamation and presented it to Charlotte Lessor of the Beach Cities Health District who supplied information to the Council regarding upcoming workshops. TOASTMASTERS Mayor Oakes read the proclamation, presented it to a member of the Toastmasters and proclaimed the month of November, 1999, as Toastmaster recognition month. CERTIFICATE OF RECOGNITION TO THE CIVIC LIGHT OPERA OF SOUTH BAY CITIES, THE HERMOSA BEACH PLAYOUSE AND JAMES BLACKMAN. Mayor Oakes read the proclamation and presented it to Executive Director James Blackman in recognition of the nomination for an Ovation award for best production with "West Side Story." PUBLIC PARTICIPATION:. (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Missy Sheldon - The Strand, spoke regarding a misleading headline in "The Daily Breeze" that seemed to imply that the majority of Council candidates opposed the Utility User Tax when in fact they opposed Measure D which would eliminate the tax as revenue for the City; Jim Lissner - El Oeste Drive, requested that Item 1(f) be removed from the consent calendar; requested that a video tape that he had recorded of the Chamber of Commerce Candidate Forum be allowed to be aired on the City cable channel 8 rather than the public access channel 54; Betty Ryan and Eleanor Lynn - representing the Woman's Club, presented announcements to the Council about the Eighth Annual Pancake Breakfast to be held on Sunday, October 17, 1999, from 8:00 A.M. until noon at the Clark Building on Valley Drive; Val Straser - Police Chief, spoke of the car show immediately after the pancake breakfast at Clark Field on Sunday, October 17, 1999; Fred Huebscher - 16th Street, donated soap for the City rest rooms; John Workman - City Treasurer, said if anyone had questions about Municipal Banking, that his door was always open; Donley Falkenstien - 34th St., spoke on Measure D; Rob Strokey - questioned the noticing for residential development standards; thought the city should send letters to everyone that might be affected by any changes; (Mayor Oakes and City Manager Stephen Burrell responded to statements by Mr. Strokey and invited everyone to the workshop meetings.) Jerry Compton - agreed with statements made by Mr. Strokey; Al Bowman - presented information to the Council, said he has not seen a crime problem in the downtown area, rather it is a promotional problem through the media; felt there was a potential for serious financial problems for the City due to the Macpherson oil contract cancellation; and thanked Councilmember Benz for his tenure in office; Luke Saddam - said that he wanted to be able to build as much as possible on his property to accommodate possible increases to his family; and, Jim Lissner - El Oeste Drive, asked that item 1(a) be removed from the consent calendar. (b) COUNCIL COMMENTS: Councilmembers Bowler, Edgerton and Reviczky, along with Mayor Oakes, spoke on Measure D and urged the citizens to vote NO on the measure to abolish the Utility User Tax as the amount of $1,700,000 that would be taken from the budget if the tax were abolished would be 14 percent of the budget and would cut too deeply into the City's ability to provide basic safety protection. Councilmember Benz said that he supported eliminating the tax as he did everything that he could to avoid paying taxes. (c) WRITTEN COMMUNICATION: 1.Letter from Jeff Ginsburg requesting the prohibition of bicycles in Noble Park. City Manager Burrell told Council that bicycles had been banned from Noble Park. Action: Mayor Oakes directed, with the consensus of the Council, to receive and file the letter. 2.Letter from Jim Lissner requesting to make a Presentation to the City Council. City Attorney Michael Jenkins said that this section was really a formal receipt of letters from residents and as such should have the subject agendized for a future meeting in order for action to be taken. Coming forward to address the Council on this item was: Jim Lissner - El Oeste Drive, spoke to his letter, submitted additional material. Action: To direct staff to review the material and report back to Council. Motion Reviczky second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky for Jim Lissner, (e) Reviczky, (f) Reviczky for Jim Lissner, (k) Bowler and (l) Edgerton. In addition, City Manager Burrell requested that item (j) be continued to a future meeting. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Councilmember Benz questioned the amount of workman's compensation paid in item 1(b). City Manager Burrell said that this subject would be coming before the Council at the next meeting. No one came forward to address the Council on items not removed from the consent calendar. At 8:41 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 14, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting at the request of Jim Lissner. Coming forward to address the Council on this item was: Jim Lissner - El Oeste Drive, requested that changes or additions be made to items 6, 8 and 10. Action: To approve the minutes of the regular meeting of the City Council held on September 14, 1999, as presented. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18849 TO 18974, NOTING VOIDED CHECK NO. 18970, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 18173, 18495, 18716, AND 18886, 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 AUGUST, 1999, FINANCIAL REPORTS. Memorandum from Finance Director Viki Copeland dated October 7, 1999. Action: To receive and file the memorandum regarding the August, 1999, Financial Reports, which will be presented at the next meeting. e.RECOMMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE POLICE DEPARTMENT FOR THE FOLLOWING PURPOSES: Memorandum from Finance Director Viki Copeland dated October 5, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To approve the staff recommendation to accept and appropriate the listed donations given to: Community Resources Department for the Roller Hockey Program from: Round Table Pizza - $250.00 Tony Maroni's Famous Gourmet Pizza - $150.00; and, Police Department for the D.A.R.E. Program from: Dee Strange - $25.00 Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO AWARD CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS AT HERMOSA AVENUE AND 14TH STREET AND HERMOSA AVENUE AND 13TH STREET TO INSPECTION ENGINEERING CONSTRUCTION OF COAST MESA IN THE AMOUNT OF $164,759.00. Memorandum from Public Works Director Harold Williams dated September 29, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting at the request of Jim Lissner. Coming forward to address the Council on this item was: Jim Lissner - El Oeste Drive, requested that this contract not be awarded as he believed the new traffic signals to be unneeded at this time. Action: To approve the staff recommendation to: 1.Authorize the award of Traffic Signal Improvements to Inspection Engineering Construction of Costa Mesa in the amount of $164,759; 2.Authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval of the City Attorney; and 3.Authorize the Director of Public Works to issue change orders as necessary not to exceed $16,476. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25093 FOR A 2-UNIT CONDOMINIUM AT 1646-1648 LOMA DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated October 4, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6030, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25093 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 1646-48 LOMA DRIVE, HERMOSA BEACH, CALIFORNIA." (h) RECOMMENDATION TO RESCIND THE AWARD MADE TO BFL/OWEN,INC. AND AUTHORIZE STAFF TO ISSUE A CHANGE ORDER TO GORDON H. CHONG & PARTNERS FOR CIP 96-624 NORTH PIER PARKING STRUCTURE. Memorandum from Public Works Director Harold Williams dated September 30, 1999. Action: To approve the staff recommendation to rescind the award made to BFL/Owen, Inc. and authorize staff to issue a Change Order to Gordon H. Chong & Partners. (i) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Michael Earl dated October 6, 1999. Claimant: Brooks, Jeffrey A. Date of Loss: 08/30/99 Date Filed : 09.21/99 Allegation : Overspray on car by painting of limit lines. Claimant: USSA as Subrogee of Erik Armstrong Date of Loss: 05/30/99 Date Filed : 10/05/99 Allegation : Vehicle damage due to obstructed view of stop sign. Claimant: Plenge, Wendi Brunell Date of Loss: 08/11/99 Date Filed: 09/30/99 Allegation: Tire damaged by storm drain cover. Action: To approve the staff recommendation to deny the above claims and refer to the City’s Liability Claims Administrator. (j) RECOMMENDATION TO AWARD THE DESIGN CONTRACT FOR CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES TO PURKISS ROSE - RSI OF FULLERTON, CALIFORNIA, FOR A FEE OF $174,500. Memorandum from Public Works Director Harold Williams dated October 4, 1999. Action: To continue this item to the meeting of October 26, 1999, as requested by staff. k.RECOMMENDATION TO DENY APPLICATION TO FILE A LATE CLAIM FILED BY PHILLIPS PETROLEUM, ET AL. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 6, 1999 This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions saying the supposed damage was due to the possibility of household waste being deposited by the City's trash hauler to a landfill from 1959 through 1965. Action: To approve the staff recommendation to deny the application to file a late claim filed by Phillips Petroleum, et al. on grounds of: 1.the application is not timely since it is more than one year after the accrual of the cause of action; and 2.the late claim procedure arguably does not apply to claims subject to the one year statute of limitations applicable to the property damage claims at issue in this matter Motion Bowler, second Edgerton. The motion carried by unanimous vote. k.RECOMMENDATION THAT THE CITY COUNCIL REQUEST THAT THE FIESTA SUBCOMMITTEE MEET WITH THE CHAMBER OF COMMERCE AND PREPARE A REPORT FOR THE DECEMBER 14, 1999, MEETING. Memorandum from City Manager Stephen Burrell dated October 7, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Action: To approve the staff recommendation to request that the Fiesta Subcommittee, comprised of Councilmember Edgerton and Mayor Oakes, meet with the Chamber of Commerce and prepare a report for the December 14, 1999, meeting. Motion Edgerton, second Benz. The motion carried by unanimous vote. 2. CONSENT ORDINANCES a.ORDINANCE NO. 99-1194 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.250 OF THE MUNICIPAL CODE TO REMOVE THE HOURS OF ENFORCEMENT FOR GREEN CURB MARKINGS." Memorandum from City Clerk Elaine Doerfling dated October 4, 1999. City Manager Burrell responded to Council questions. Action: To waive full reading and adopt Ordinance No. 99-1194. Motion Bowler, second Edgerton. AYES: Benz, Bowler, Edgerton, Reviczky NOES: None ABSTAIN: Mayor Oakes 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a), (e), (f), (k), and (l) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at the hour of 8:55 P.M. The meeting reconvened at the hour of 9:28 P.M. PUBLIC HEARINGS 1.A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE. Memorandum from City Manager Stephen Burrell dated October 7, 1999. City Manager Burrell requested that this item be continued to the regular meeting of October 26, 1999. The public hearing opened at 8:42 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:42 P.M. Action: To approve the staff recommendation to continue this item to the October 26, 1999, meeting. Motion Reviczky, second Bowler. The motion carried, noting the abstention vote of Councilmember Edgerton. At the hour of 8:43 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS 5.ORDINANCES AND A RESOLUTION AUTHORIZING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM CENTURY COMMUNICATIONS CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION. Memorandum from Community Resources Director Mary Rooney dated September 20, 1999. Two supplemental information items received from Adelphia on October 12, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions. Coming forward to address the Council was: Lee Perron - Adelphia Vice-President Corporate Affairs, spoke to the proposed Franchise transfer; responded to Council questions. At the hour of 9:58 P.M., Councilmember Bowler declared that a matter of personal urgency had arisen and left the dais and the room. Public participation opened at 10:08 P.M. Coming forward to address the Council on this item were: Peter Ellis - 1039 Sunset Drive, expressed concern that the new Cable TV Franchisee should abide by the original agreement for public access that had been largely ignored by Century Cable; Jim Lissner - El Oeste Drive, said he did not have a problem with the Cable TV rates or public access now provided but that he did want the Council agendas shown on Cable TV; Aiko Brum - GTE Public Affairs Director for the South Bay, spoke for the "Open Access Alliance" and requested that an open access policy be provided in the contract language; Pete Tucker - 34th Street, said that since actions taken at Manhattan Beach and Redondo Beach meetings could impact Hermosa Beach, he would like the option of viewing those meetings; Donley Falkenstien - 34th Street, questioned the necessity or legality of Century Cable TV's requirement for a 30 day written notice to disconnect. Councilmember Bowler returned at the hour of 10:32 P.M. Public participation closed at 10:51 P.M. Action: To approve the staff recommendation to waive full reading and adopt Urgency Ordinance No. 99-1195-U, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF." Motion Edgerton, second Benz. AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: Bowler Further Action: To introduce and waive full reading of Ordinance No. 99-1195, entitled, "AN ORDINACE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY." Motion Edgerton, second Benz. AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: Bowler Final Action: To adopt Resolution No. 99-6031, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION.", as amended in Section 3 to add paragraph C. to read, "Within sixty (60) days of the date hereof, Transferee shall cure any deficiencies in the provision of public access as required by the Franchise.", and to add paragraph D. to read, "At the Franchise Authority's option, Transferee shall provide the City with equivalent services, benefits, terms and conditions as may be negotiated with the cities of Redondo Beach and Manhattan Beach in connection with approval of the transfer of control to Transferee in those cities." Motion Edgerton, second Benz, AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: Bowler 6.PROPOSAL TO ENACT A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE IN THE DOWNTOWN AREA AS DEFINED. Memorandum from City Manager Stephen Burrell dated September 9, 1999. City Manager Burrell presented the staff report and responded to Council questions. Mr. Burrell said that although the agenda said this moratorium was for the downtown area, in effect it was for the entire City, and that there were no requests to convert commercial space to restaurant use at this time. Action: To bring this back as an agenda item for the regular meeting of December 14, 1999, as a moratorium for the downtown area only. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. 7.DOWNTOWN SPECIFIC PLAN. Memorandum from Community Development Director Sol Blumenfeld dated October 4, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To direct staff to notice a special workshop meeting for Tuesday, November 30, 1999, to identify problems within the downtown area. Motion Bowler, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz. 8.CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO ESTABLISH RESTRUCTIONS AND REQUIREMENTS FOR USE OF THE BEACH FOR TEMPORARY EVENTS AND COMMERCIAL ADVERTISING. Memorandum from City Clerk Elaine Doerfling dated October 4, 1999. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Donley Falkenstien - said that Community Resources Director Mary Rooney had already prepared a report. Action: To approve staff alternative (c.), to order a report pursuant to Section 9212, to be presented at the meeting of November 9, 1999, that would include: 1.legality of the various sections to be returned by the City Attorney; and, 2.financial impact on the City and/or any organization wishing to hold an event in Hermosa Beach; Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 9.CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS. Memorandum from City Clerk Elaine Doerfling dated October 4, 1999. Deputy City Clerk Valdes presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner - El Oeste Drive, questioned if the Council would call a special election for these two items rather than wait until November of 2001; and, Donley Falkenstien - 34th Street, spoke on the origin of the measure. Action: To approve staff alternative (c.), to order a report pursuant to Section 9212, to be presented at the meeting of November 9, 1999, that would include a legal interpretation of the measure to determine when it would take effect, if passed. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a) Request by Councilmember Benz that portable toilets be placed in the downtown area. Councilmember Benz spoke to his request. City Manager Burrell responded to Council questions. Action: Mayor Oakes directed, with the consensus of the Council, that staff investigate providing the type of modular "Port-a-Potty" seen in the City of San Jose and report back to Council. In response to an additional request from Jim Lissner that his video tape of the candidate forum be aired on the City channel 8 rather than the public access channel 56, Council consensus was to leave the decision to the City Manager after he viewed the tape. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 12, 1999, at the hour of 12:02 A.M. to the Regular Meeting of Tuesday, October 26, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 26, 1999, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Patricia Spiritus ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None ANNOUNCEMENTS: Mayor Oakes announced that the meeting would be adjourned in memory of Richard Learned, Sr., who passed away over the weekend. Mayor Pro Tempore Reviczky said Dick Learned bought Learned Lumber in 1947 from his father and managed the business for years before passing it on to his sons. He said Mr. Learned was survived by his wife Betty, his daughter Lynn, and his two sons Rick and Michael, and he expressed condolences to the Learned family. Mr.Reviczky requested that the meeting also be adjourned in memory of his neighbor Juan Savedra, a Hermosa Beach resident since 1933. He said Juan was survived by his wife Irene, seven children, 14 grandchildren and 23 great grandchildren, and he expressed condolences to the Savedra family. Mr. Reviczky then announced the 7th annual Beach Cities Toy Drive kick off on Thanksgiving Day weekend. He also said the High Five Boutique has offered to donate to the toy drive the proceeds from its annual fashion show, to be held at 5 P.M. Sunday, November 14, 1999, at Point 705. Councilmembers Bowler and Benz commented on the excellence of the production of "Forever Plaid," currently playing at the Hermosa Beach Playhouse. Mayor Oakes announced the Halloween Howl would take place on Saturday, October 30, 1999, at 6 P.M. at the Clark Building; and the Halloween Carnival was scheduled for Friday, October 29, 1999, from 4:30 to 8:30 P.M. at Hermosa Valley School. Mayor Oakes announced the success of the Woman's Club annual pancake breakfast and the Project Touch car show, which took place Sunday, October 17, 1999. Mayor Oakes announced the opening of the new tennis courts at the Community Center, noting that Council members had attended the opening ceremonies. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Patricia Spiritus - Hermosa Beach, submitted information to the Council members on the formation of a business improvement district; thanked the Council for its accomplishments; Michael Keegan - Hermosa Beach, submitted a letter and spoke to Item #4, which would not be heard this evening, noting he would be out of town November 9 when the hearing takes place; Judy Garland - 1181 Cypress, objected to Council's decision to not reappoint Pete Tucker to the Planning Commission, noting other Council candidates who had been allowed to retain their Commission seats during their candidacy; Carol Fleischer - 415 Herondo, commented on the Avon Breast Cancer walk that took place over the weekend, noting that she was a participant; Al Bowman - Seventh Street, objected to recent flyers depicting the downtown as a war zone; said he and his wife frequent the Plaza and loved the restaurants; Donley Falkenstien - Hermosa Beach, said many people were concerned about the downtown area; Jim Lissner - 2715 El Oeste, requested that item 1(a)(2) be removed from the consent calendar for later discussion; said he would film the candidate forum scheduled for October 27, 1999, at 7:30 P.M. at the Clark Building; said the City had not enforced the underage drinking laws since July 4, 1994; referenced information he submitted earlier this evening pertaining to balancing the budget in the year 2000; Bill Sigler - 46 - 10th Street, reminded everyone to vote at the November 2, 1999 election; and Lorna Johnson - Hermosa Beach, said the downtown was the best it had been in at least 20 years, that part of being a beach community is having the restaurants; suggested that work be done now to improve Pacific Coast Highway. b.COUNCIL COMMENTS: Councilmember Reviczky commented on the budget-cutting suggestions submitted this evening by Jim Lissner. He and Councilmembers Bowler and Edgerton and Mayor Oakes then urged the citizens to vote NO on Measure D, which would abolish the City's utility user tax. Councilmember Benz spoke in support of the measure. With regard to Ms. Garland's comments, Mayor Oakes said Pete Tucker's term on the Planning Commission had expired - a circumstance that did not apply to her when she ran for Council or to another current Council candidate. (c) WRITTEN COMMUNICATIONS 1. Letter from Jim Lissner requesting consideration of suggestions for improving public remote access to government meeting audio and video. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To direct staff to review and report back on the suggestions contained in the letter. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 2. Letter from Carol and Michael Fleischer requesting appeal of the Planning Commission decision to deny their request to continue their project at 4 The Strand as a nonconforming remodel. City Manager Burrell reported that the City Attorney said the Council could deal with this issue tonight. Coming forward to address the Council on this item were: Michael Fleischer - 415 Herondo, spoke to his letter and responded to Council questions; and Donna Grossman - project architect, responded to Council questions. Action: To approve the appeal of the Planning Commission denial and, thereby, allow the project at 4 The Strand to continue as a nonconforming remodel. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 3. Letter from Donley Falkenstien requesting free parking for holiday shoppers beginning Friday, November 19th. City Manager Burrell said the issue of free parking for holiday shoppers was scheduled for the next agenda. Coming forward to address the Council on this item was: Donley Falkenstien - 124 34th Street, spoke to his letter. Action: Mayor Oakes directed that the letter be included as an attachment to the request from the Chamber of Commerce at the November 9, 1999 meeting. Mayor Oakes announced that public hearing item 5, Scotty's, appeal, had been formally withdrawn by the applicant/appellant and was no longer under consideration. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), noting a "no" vote by Councilmember Benz on item (m) and with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a)(2) Mayor Oakes for Jim Lissner, (e) Reviczky, (l) Benz, and (n) Benz. Motion Reviczky, second Bowler. 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 September 28, 1999. Action: To approve the minutes of the Regular Meeting of September 28, 1999, as presented. 2) Minutes of the Regular Meeting held on October 12, 1999. Supplemental memorandum and minutes submitted October 26, 1999 by City Clerk Elaine Doerfling. This item was removed by the consent calendar by Mayor Oakes, at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - requested that the minutes of the meeting of October 12 be amended as follows: change the title of Written Communications item #2 to reflect that his presentation pertained to budget issues and expand his comments under Consent Calendar item (a) to list in detail his suggested changes to the September 14 minutes. Action: To approve the supplemental minutes of the Regular Meeting of September 28, 1999, amended on page 10089 to reflect in the title of Written Communications item #2 that Mr. Lissner's presentation pertained to budget issues. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18975 THROUGH 19121, NOTING VOIDED CHECK NOS. 19005, 19047, 19055, AND 19122. 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 AUGUST AND SEPTEMBER, 1999 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the August and September, 1999 Financial Reports as presented. (e) RECOMMENDATION TO ACCEPT AND APPROPRIATE A $100.00 DONATION FROM ROLLERBLADE GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT FOR ROLLER HOCKEY PROGRAM SUPPLIES. Memorandum from Finance Director Viki Copeland dated October 18, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donor. Action: To accept the $100 donation from Rollerblade to Community Resources for roller hockey program supplies. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 5, 1999. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 5, 1999. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL BETWEEN THE CITY AND RESOURCES FOR INDEPENDENCE FOR THE USE OF ROOM 6C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated October 18, 1999. Action: To approve the lease agreement between the City and Resources for Independence for the use of Room 6C in the Community Center (160 square feet) for a one-year period commencing December 1, 1999 and ending November 30, 2000, at a monthly rate of $164.80 through June 30, 2000 ($1.03 per square foot), and $172.80 from July 1, 2000 through the end of the term ($1.08 per square foot). (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1999. Action: To receive and file the action minutes from the Planning Commission meeting of October 19, 1999. (i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24988 FOR A 2-UNIT CONDOMINIUM PROJECT AT 654-656 SEVENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6032, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24988 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 654 - 656 SEVENTH STREET, HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25118 FOR A 2-UNIT CONDOMINIUM PROJECT AT 602-606 NINTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6033, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25118 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 602 - 606 NINTH STREET, HERMOSA BEACH, CALIFORNIA." (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25212 FOR A 4-UNIT CONDOMINIUM PROJECT AT 301 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6034, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25212 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED ATO 301 SECOND STREET, HERMOSA BEACH, CALIFORNIA." (l) RECOMMENDATION TO AWARD DESIGN CONTRACT FOR CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES TO PURKISS ROSE - RSI OF FULLERTON, CALIFORNIA FOR A FEE OF $174, 500. Memorandum from Public Works Director Harold Williams dated October 18, 1999. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. Action: To direct staff to re-bid the project to obtain more proposals. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (m) RECOMMENDATION TO APROVE AMENDMENT TO 99-00 COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT SHORTENING THE CLOSEOUT PERIOD FOR CONTRACTS TO 60 DAYS AS REQUESTED BY THE COMMUNITY DEVELOPMENT COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated October 20, 1999. Action: To approve the staff recommendation to approve and authorize the Mayor to execute the amended contract as stipulated by the Los Angeles County Community Development Commission (CDC). (Councilmember Benz cast a "no" vote on this item.) (n) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS COMPENSATION - JUNE 1, 1999 THROUGH SEPTEMBER 30, 1999. Memorandum from Personnel Director/Risk Manager Director Michael Earl. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the quarterly report on workers' compensation, and to direct staff to provide a description of stress and to track the incident rate and the cost of claims for inclusion in the next report, with a five-year report on incidents. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (o) RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION, D.B.A. ADVANCED CONSTRUCTION, OF SANTA MONICA, ON CIP PROJECT NO. 97-526, COMMUNITY CENTER TENNIS COURT CONSTRUCTION, AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR (10% RETAINED FOR 35 DAYS FOLLOWING THE FILING OF NOTICE OF COMPLETION), AND APPROPRIATE $38,123 TO CIP 98-526 FROM FUND 126 4% UUT TAX. Memorandum from Public Works Director Harold Williams dated October 21, 1999. Action: To approve the staff recommendation to: 1.accept the work by Pima Corporation, d.b.a. Advanced Construction, of Santa Monica, on CIP Project No. 97-526, Community Center Tennis Court Construction; 2.authorize final payment to the contractor (10 percent retained for 35 days following the filing of Notice of Completion); and 3.Appropriate $38,123 to CIP 98-526 from Fund 126 4% Utility Use Tax. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 99-1195 - ² AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY.² Memorandum from City Clerk Elaine Doerfling dated March 2, 1998. Action: To continue this item to the meeting of November 9, 1999. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. At 8:29 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a)(2), (e), (l), and (n) 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. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE. (Continued from meeting of October 12, 1999) Memorandum from City Manager Stephen Burrell dated October 20, 1999. City Manager Burrell recommended that this item be continued to the regular meeting of November 9, 1999. Action: Mayor Oakes continued the item to the regular meeting of November 9, 1999, as requested by staff, with direction to staff to look into the issues addressed in the letter submitted this evening by Michael Keegan. 5. APPEAL TO THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AND TO ADD A DANCING AREA AND LIVE ENTERTAINMENT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, "SCOTTY'S". (Continued from meetings of June 22, 1999 and September 14, 1999). Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999. Supplemental letter dated October 26, 1999, from Frank Wattles, attorney representing the applicant/appellant, dated October 26, 1999, withdrawing the appeal. This item was pulled from the agenda because the appeal was formally withdrawn by the applicant/appellant. 6. TEXT AMENDMENT TO ELIMINATE THE TERM "TWO STORIES" IN THE R-1, R-1A, R-2 AND R-2B ZONES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999. City Manager Burrell recommended that this item be continued to the regular meeting of January 11, 2000. Action: To continue the item to the regular meeting of January 11, 2000 meeting, as requested by staff. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. At 8:35 P.M., the order of the agenda returned to item 3. MUNICIPAL MATTERS 7. RESOLUTION APPROVING LEASE AND EASEMENT FOR PIER AVENUE AND SIXTH STREET STORM DRAINS AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated October 21, 1999. City Manager Burrell presented the staff report and responded to Council questions, noting that the easement was previously approved by minute action but the County requires a resolution. Action: To approve the staff recommendation to adopt Resolution No. 99-6035, entitled, ² A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND GRANTING OF AN EASEMENT FOR STROM DRAIN PURPOSES AS SPECIFIED AND AUTHORIZING THE MAYOR TO EXECUTE THEM ON BEHALF OF THE CITY.² Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 26, 1999, at the hour of 9:10 P.M. to the Regular Meeting of Tuesday, November 9, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 9, 1999, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - J. Travers Devine ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 7:40 P.M.) ANNOUNCEMENTS: Mayor Oakes announced that the meeting would be adjourned in memory of long-time resident Betty Kelly. Councilmember Edgerton said Betty Kelly was a 30-year resident of Marineland Mobile Home Park, spoke of his friendship with her over the past eight years, said she would be missed by all who knew her, and expressed condolences to her family. Mayor Oakes announced the first Family Skate Day at the Hermosa Beach skate track on November 13, 1999 starting at 10:15 A.M. and ending at 11:30 A.M. with a raffle. She said admission was free and full safety gear was required, and she cited and thanked the local sponsors of the event. She then commented on the success of the Friends of the Library Book Sale on November 6, 1999, the Halloween Howl on October 30, 1999, and the Halloween Carnival on October 29, 1999. She also thanked voters for participating in the November 2, 1999 Municipal Election. Councilmember Reviczky said he was pleased that the voters defeated Measure D, the proposed repeal of the City's utility user tax. He then announced a High Five Boutique fashion show at Point 705 Sunday, November 14, 1999, at 5 P.M., noting that the proceeds would benefit the 7th annual Beach Cities Toy Drive. He said admission was a $10 donation or a new unwrapped toy. He also announced a 6 P.M. Veteran's Day candlelight remembrance ceremony at the Veteran's Memorial. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Mary Jo Lorich - 731 10th Street, spoke on health issues, specifically hepatitis C which has no vaccine; asked for suggestions on educating parents on the dangers (City Manager Burrell suggested she make a presentation before the Beach Cities Health District at one of their monthly board meetings; Mayor Oakes said the District was there to help and had a lot of funding); and Jim Lissner - 2715 El Oeste, requested that items 1(b) and 1(c) be removed from the consent calendar for later discussion. (b) WRITTEN COMMUNICATION 1. Letter from Jim Lissner regarding a follow-up to his request to provide sales tax breakdown by business category within geographic areas. Action: To consider this letter with agenda item 10. Motion Mayor Oakes, second Reviczky. The motion carried, noting the absence of Benz. 2. Letter from Jim Lissner requesting a written report from the City Attorney regarding the Street Lighting and Landscape Assessment providing a legal basis for a senior citizen rebate and expenditure for capital improvements. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file. Motion Edgerton, second Bowler. The motion carried, noting the absence of Benz. 1. CONSENT CALENDAR: Councilmember Benz arrived at 7:40 P.M. Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Bowler for Jim Lissner, (c) Bowler for Jim Lissner, (e) Edgerton, (f) Reviczky, (i) Edgerton, (l) Edgerton, and (o) Edgerton. Motion Edgerton, second Mayor Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:42 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON OCTOBER 26, 1999. Action: To approve the minutes of the Regular Meeting of October 26, 1999, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 19123 THROUGH 19285, NOTING VOIDED CHECKS NOS. 19222 AND 19250, AND TO APPROVE CANCELLATION OF CHECK NOS. 19077, 19123, 19183, AND 19215 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Bowler, at the request of Jim Lisner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, requested that the check register be put on the internet. Action: To ratify the check register as presented. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Bowler, at the request of Jim Lisner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, requested that the City televise the November 30, 1999 special meeting to discuss a specific plan concept for the downtown area (City Manager Burrell noted that all City Council meetings were televised). Mayor Oakes announced that the November 30, 1999 special meeting had been cancelled. Action: To receive and file the tentative future agenda items, noting the cancellation of the November 30, 1999 special meeting. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. d.RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 3, 1999. Claimant: Gonzalez, Peter Date of Loss: 05/17/99 Date Filed: 10/25/99 Allegation: Injuries from trip and fall Claimant: Covalt, Wendell L. Date of Loss: 08/22/99 Date filed: 11/03/99 Allegation: Injuries from bicycle accident Action: To approve the staff recommendations to deny the listed claims and refer them to the City's Liability Claims Administrator. (e) RECOMMENDATION TO APPROVE, PENDING FIRE DEPARTMENT APPROVAL, THE USE OF FIREWORKS FOR THE NEW YEAR'S EVE CELEBRATION ON THE PIER PLAZA ON DECEMBER 31, 1999, AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE ATTACHED AGREEMENT. Memorandum from Fire Chief Julian Ysais dated September 8, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve, pending Fire Department approval, the use of fireworks for the New Years Eve celebration on Pier Plaza on December 31, 1999 and authorize the City Manager to sign the agreement, as recommended by staff. Motion Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ACCEPT AND APPROPRIATE TO THE COMMUNITY RESOURCES DEPARTMENT A $350 DONATION FROM THE HERMOSA BEACH ROTARY CLUB FOR THE ANNUAL HALLOWEEN HOWL AND A $300 DONATION FROM THE HERMOSA BEACH KIWANIS CLUB FOR THE HALLOWEEN HOWL AND THE SAND SNOWMAN CONTEST. Memorandum from Finance Director Viki Copeland dated October 27, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors. Action: To accept the following donations and appropriate them to the Community Resources Department for the stated purposes: Halloween Howl Hermosa Beach Rotary Club - $350 Halloween Howl and Sand Snowman Contest Hermosa beach Kiwanis Club - $300 Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (g) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWENTY-SIX (26) MOTOROLA MST 2000 PORTABLE RADIOS AND ACCESSORIES FROM THE MOTOROLA CORPORATION AT A COST OF $50,564.56 (INCLUDES TAX). Memorandum from Police Chief Val Straser dated November 1, 1999. Action: To approve the staff recommendation to authorize the purchase of twenty-six (26) Motorola MTS2000 Portable Radios and accessories from the Motorola Corporation. (h) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS AND ESTIMATES, ORDER THE WORK, AND CALL FOR BIDS FOR CIP 98-621 PHASE II MUNICIPAL PIER ARCHITECTURAL UPGRADS AND INSTRUCT THE CITY CLERK TO POST NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated November 2, 1999. Action: To approve staff recommendation to: 1.approve plans, specifications estimates, order the work and call for bids; and 2.instruct the City Clerk to post Notice Inviting Sealed Bids for said project. (i) RECOMMENDATION TO RECEIVE AND FILE REPORT ON COUNCIL'S REQUEST FOR INFORMATION ABOUT BASIC CABLE SERVICES FROM ADELPHIA. Memorandum from Community Resources Director Mary Rooney dated November 3, 1999 This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Action: To receive and file the report. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE PLANS, SPECIFICATIONS AND ESTIMATES, ORDER THE WORK, AND CALL FOR BIDS FOR CIP 99-529, CLARK FIELD-BUILDING DEMOLITION, AND INSTRUCT THE CITY CLERK TO POST NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated November 2, 1999. Action: To approve staff recommendation to: 1.approve the plans, specifications, estimates, order the work; and 2.call for bids and instruct the City Clerk to post Notice Inviting Sealed Bids for said project. (k) RECOMMENDATION TO APPROVE REQUEST FOR PROPOSALS FOR CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES FOR CIP 97-182, MYRTLE AVENUE UNDERGROUND UTILITY DISTRICT NO. 97-1, AND CIP 97-183, LOMA DRIVE UNDERGROUND UTILITY DISTRICT NO. 97-2, AND AUTHORIZE STAFF TO SOLICIT PROPOSALS. Memorandum from Public Works Director Harold Williams dated November 2, 1999. Action: To approve the Request for Proposals and authorize staff to solicit proposals, as recommended by staff. (l) RECOMMENDATION TO APPROVE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR DESIGN FOR CIP 98-621, PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES, AND AUTHORIZE STAFF TO SOLICIT PROPOSALS. Memorandum from Public Works Director Harold Williams dated November 2, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting pertaining to the time line. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the Request for Proposals and authorize staff to solicit proposals, with the understanding that this was a conceptual design and respondents may also submit their own designs. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (m) RECOMMENDATION TO AWARD CONTRACT FOR SANITARY SEWER MAINENTANCE AND VIDEO INSPECTION TO EMPIRE PIPE CLEANING AND EQUIPMENT, INC. IN THE AMOUNT OF $230,170 FOR THREE YEARS; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE CONTRACT AMOUNT NOT TO EXCEED $23,017. Memorandum from Public Works Director Harold Williams dated November 1, 1999. Action: To approve the staff recommendation to: 1.award contract for sanitary sewer maintenance and video inspection to Empire Pipe Cleaning and Equipment, Inc. in the amount of $230,170 for three years; and 2.authorize the Director of Public Works to make changes to the contract amount not to exceed $23,017. (n) RECOMMENDATION TO RECEIVE AND FILE REPORT ON INTEGRATED PEST MANAGEMENT. Memorandum from Public Works Director Harold Williams dated October 28, 1999. Action: To receive and file the report on Integrated Pest Management. (o) RECOMMENDATION TO APPROVE REQUEST FROM THE HERMOSA BEACH CHAMBER OF COMMERCE AND AUTHORIZE THE PLACEMENT OF CARDS IN ALL COMMERCIAL (SILVER POST) PARKING METERS INDICATING TWO HOURS FREE PARKING FROM NOVEMBER 22ND THROUGH DECEMBER 27TH. Memorandum from City Manager Stephen Burrell dated November 3, 1999, and supplemental letter from Donley Falkenstien dated October 19, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the request from the Chamber of Commerce and authorize the placement of cards in all commercial (silver post) parking meters indicating two hours free parking from November 22 through December 27, 1999, as recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 99-1195 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY." (Continued from October 26, 1999) Memorandum from City Clerk Elaine Doerfling dated November 2, 1999. Action: To waive full reading and adopt Ordinance No. 99-1195. Motion Reviczky, second Benz. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (c), (e), (f), (i), (l) and (o) 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 DENIAL OF A PRECISE DEVELOPMENT PLAN TO RECONFIGURE MOBILE HOME SPACES BY RELOCATING ONE SPACE AND ADDING ONE SPACE AT 531 PIER AVENUE, MARINELAND MOBILE HOME PARK. Memorandum from Community Development Director Sol Blumenfeld dated November 1, 1999. Supplemental resolutions submitted by Community Development November 9, 1999. Supplemental letter from Horace and Margaret Smith, 531 Pier Avenue, #34, dated November 5, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:15 P.M. Coming forward to address the Council on this issue were: Jim Joffe - property manager, submitted copies of a letter and survey that had been sent to residents, noting the low response; said the staff conditions were acceptable; expressed a desire to work with the City and the residents; Terry Darnell - applicant's attorney, spoke of their lawsuit against the previous property managers for re-aligning the lots and poured concrete to accommodate new two-story mobile homes without City approval; said the owner and new property manager want to work with the City; Dean Sinatra - Space 52, spoke of rent increases, including requiring tenants to start paying for trash and water; wanted the park put back the way it was, with speed limit and parking signs; Marie Horowitz - resident, requested improving living conditions by repairing streets and providing more than one trash can; opposed increased density; said children needed a place to play; Larry McDermott - project manager, said this was a chance to mitigate the drainage problems, get recreation space and get the four spaces back; Scott Kenney - Space 28, supported the decision of the Planning Commission; said the Municipal Code prohibited pre-fabricated houses; and Jim Joffe - rebutted comments and, in response to a Council question, said the mobile home park was listed for sale. The public hearing closed at 8:43 P.M. Proposed Action: To grant the appeal Motion Benz, second Bowler. The motion failed due to the dissenting votes of Edgerton, Reviczky and Mayor Oakes. Action: To deny the appeal and adopt Resolution No. 99-6036, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH SUSTAINING THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN FOR THE RECONFIGURATION OF THE MARINELAND MOBILEHOME PARK AT 531 PIER AVENUE." Motion Edgerton, second Reviczky. The motion carried, noting the dissenting votes of Benz and Bowler. The meeting recessed at 9:13 P.M. The meeting reconvened at 9:35 P.M. 5. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE. (Continued from meetings of October 12, 1999 and October 26, 1999) Memorandum from Community Development Director Sol Blumenfeld dated November 2, 1999. At 9:35 P.M., Councilmember Edgerton left the dais and the room due to a potential conflict of interest. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 9:43 P.M. Coming forward to address the Council on this issue was: Michael Keegan - 1107 Loma Drive, spoke to the issues addressed in his letter. The public hearing closed at 9:48 P.M. Action: To continue this item to the meeting of November 23, 1999, with direction to staff to report back on issues discussed this evening, including lease transaction fees, sale fee, ensuring the City's ability to track gross rents so the five-year adjustments take effect, CPI minimum for adjustments, access drawings, calculations of encroachment fees, timeline for construction, quality of building materials reflected in plans, and approval of construction plans and specifications before executing the lease. Motion Benz, second Reviczky. The motion carried, noting the absence of Edgerton. Councilmember Edgerton returned to the dais at 10:09 P.M. 6. APPEAL OF DENIAL BY THE COMMUNITY SERVICES DIVISION FOR A PERMIT TO KEEP MORE THAN TWO ADULT DOGS AT 1042 SECOND STREET. Memorandum from Police Chief Val Straser dated November 2, 1999. Supplemental letter from Richard Davison dated November 3, 1999. Councilmember Reviczky left the dais and the room due to a conflict of interest. Police Chief Straser presented the staff report and responded to Council questions, noting the issue was complaint driven. The public hearing opened at 10:13 P.M. Coming forward to address the Council on this issue were: Corey Glave - appellant, 1042 Second Street, submitted a hearing brief prepared by his attorneys; referred to surveys and photographs contained in the brief; said he and his wife wanted to keep the three dogs they already have; suggested that his neighbor taunted the dog; Eleanor Downs - 1036 Second Street, said the two golden retrievers were good dogs, but the third dog was a problem; said she had a garden in her back yard and spent a lot of time there, but as soon as she stepped outside, the dog would lunge to the fence and run back and forth barking; said the situation was unfair to her; said she never taunted the dog; Roger Creighton - Hermosa Beach, said he talked to the dog's owner a couple years ago about the barking, but was told that dogs were supposed to bark; suggested a shock collar; and Jeff Hersh - said he had heard the dog in question during frequent visits at the home of friends living a block away in the 1000 block of Third Street; said his friends did not complain, but knew the location of the barking dog. The public hearing closed at 10:34 P.M. City Attorney Jenkins said if it was the desire of the City Council to approve the request, that approval could include the condition that the dog go through a training program or other measures to eliminate the barking problem. Action: To approve the appeal for a six-month trial period, subject to a six-month review, with direction to the dog owner to work with the neighbor and to take measures to resolve the problem, such as installing a different kind of fence, putting the dog through a training program or using collars. Motion Bowler, second Mayor Oakes. The motion carried, noting the absence of Reviczky. At 10:40 P.M., Councilmember Reviczky returned to the dais. MUNICIPAL MATTERS 7. SAINT PATRICK'S DAY PARADE AND FESTIVAL - MARCH 18-19, 2000. Memorandum from Community Resources Director Mary Rooney dated November 1, 1999. Supplemental letter from Jim Lissner, 2715 El Oeste, dated November 8, 1999. Community Resources Director Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at10:43 P.M. Coming forward to address the Council on this item were: J. Travers Devine - co-chair of St. Patrick's Day Committee, said it would be easier to get Irish vendors to come from far away for a two-day event; said they so far have been unable to get corporate sponsors, but hope to make enough money this year to eliminate the need to request City funding next year; and Jim Lissner - Hermosa Beach, referred to the issues raised in his letter. Public participation closed at 10:55 P.M. Action: To approve the recommendation of staff and the Parks, Recreation and Community Resources Commission to approve the request to hold the annual Saint Patrick's Day Parade on March 18, 1999, expand the Festival to two days (March 18 and 19), add to the event a surf contest (subject to staff approval of an operations plan), and authorize the Mayor to execute the event contract, which allows the following: 1.$5,000 allocation from the Downtown Enhancement Fund for Parade expenses (listed in the FY 99-00 budget); 2.Up to $2,000 from Proposition A Transportation Funds for shuttle bus service; 3.Waiver of parking fees, banner fees, and amplification permit fees; 4.Billing for Police, Fire and Public Works services at actual hourly cost; and 5.Street closures for March 18 and March 19. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting Edgerton's comment that Prop A funds should be used for street paving and repairs. At 11:00 P.M., the order of the agenda returned to item 2. 8. INITIATIVE PETITION TO ESTABLISH RESTRICTIONS AND REQUIREMENTS FOR USE OF THE BEACH FOR TEMPORARY EVENTS AND COMMERCIAL ADVERTISING. Memorandum from City Clerk Elaine Doerfling dated November 2, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To 1) receive and file the reports analyzing the financial impacts and the legality of the proposed ordinance, and 2) direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the proposed ordinance, without alteration, to the voters at the November 2001 regular municipal election. Motion Benz, second Bowler. The motion carried by a unanimous vote. 9. INITIATIVE PETITION TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS. Memorandum from City Clerk Elaine Doerfling dated November 2, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To receive and file the report which includes an analysis of when the measure, if passed, would take effect, and to direct the City Clerk to prepare and bring back, at the appropriate time, the documents required to submit the proposed ordinance, without alteration, to the voters at the November 2001 regular municipal election. Motion Benz, second Bowler. The motion carried by a unanimous vote. 10. CHANGE IN REPORTING OF QUARTERLY SALES TAX DATA, REQUEST FROM JIM LISSNER. Memorandum from Finance Director Viki Copeland dated November 4, 1999. Supplemental letter from Jim Lissner, 2715 El Oeste, dated November 8, 1999. Action: To direct staff to continue receiving existing quarterly sales tax reports. Motion Benz, second Bowler. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSAL TO CONTRIBUTE TO THE PIER RENOVATION PROJECT AND PLACE A PERMANENT PLAQUE AND ACKNOWLEDGEMENT AT THE FOOT OF THE PIER. Memorandum from City Manager Stephen Burrell dated November 4, 1999. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the placement of a permanent acknowledgement and memorial plaque in recognition of a single contribution for the project, and to direct the City Manager to work with the representative of the donor to work out the details of the gift. Motion Bowler, second Benz. The motion carried by a unanimous vote. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Betty Kelly on Tuesday, November 9, 1999, at the hour of 11:24 P.M. to the Regular Meeting of Tuesday, November 23, 1999, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 23, 1999, at the hour of 7:23 P.M. PLEDGE OF ALLEGIANCE - Jane Gierlich ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum from City Clerk Elaine Doerfling dated November 18, 1999. Supplemental memorandum and resolution from City Clerk Elaine Doerfling dated November 23, 1999. City Clerk Doerfling presented the staff report. Action: To adopt Resolution No. 99-6036, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 2, 1999, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. Deputy City Clerk Naoma Valdes presented the certificate of election and administered the oath of office to newly elected City Clerk Elaine Doerfling, who thanked everyone for giving her the opportunity to continue serving the community. City Clerk Doerfling then presented the certificates of election and administered the oath of office individually to newly elected City Treasurer John Workman and winning City Council candidates Kathy Dunbabin and Sam Edgerton. The new officers thanked their families and friends for their help and support and the citizens for the confidence placed in them. Councilmember Edgerton spoke of the dedication of former Councilmember Benz and his ability to focus on the issue and get things done, and said he would miss working with him. Councilmember Reviczky welcomed and congratulated Council members Edgerton and Dunbabin. He said he also would miss former Councilmember Benz, noting he brought something to the table and was always prepared, which made everyone work harder, and thanked him for his service. Mayor Oakes welcomed and congratulated the two winning Council members and said she too would miss former Councilmember Benz, saying during his eight years he was always professional, prepared and open and honest in his opinions. PRESENTATION BY SUPERVISOR DON KNABE: Supervisor Knabe said he came to thank and present a plaque from the County commending Bob Benz for his years of service to the community, and to congratulate Councilmember Edgerton on his re-election and welcome Councilmember Dunbabin to the fun job of serving her community. He then spoke of issues of mutual concern, including; 1) the proposed LAX expansion, noting that he was trying to re-institute an old joint powers authority called the Southern California Regional Airport Authority in order to utilize some of the funds in the whole area to help with the independent study that South Bay cities and others want to do as oversight with regard to the LAX expansion process; 2) the isolation of funds for upgrading the Hermosa Beach Library; and 3) the isolation of funding necessary to complete the bike path project. Councilmembers Edgerton and Bowler addressed Supervisor Knabe's comments, and thanked him for his hard work. Councilmember Reviczky and Mayor Oakes also thanked Supervisor Knabe for his valuable service to the community. The meeting recessed at 7:55 P.M. The meeting reconvened at 8:24 P.M. ANNOUNCEMENTS: Councilmember Reviczky spoke of the success of the fashion show that took place at Point 705 on November 14, 1999, and thanked everyone at High Five Boutique, noting that the proceeds benefited the 7th annual Beach Cities Toy Drive. Councilmember Edgerton said the collection centers for new, unwrapped gifts would be at the Hermosa Beach and Manhattan Beach fire departments. City Manager Burrell said a bin would be placed in the City Hall parking lot tomorrow as well. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Parker Herriott - Hermosa Beach, suggested that the City consider joining El Segundo in its law suit pertaining to the airport expansion; said Noble Park was required to have unobtrusive lighting for safety reasons; asked the cost of and who would pay for the new light poles that will replace the old wooden poles coming down in the underground districts; asked if chimneys and deck railings could exceed the height limit; said he wrote to the City Prosecutor asking if he handled only misdemeanors, who made the decisions to prosecute, and how many and what types of cases were plea bargained; said the fire inspections of the City's bars and restaurants to determine overcrowding should not all take place on the same night (Mayor Oakes referred him to the City Manager for answers to his questions); and Jim Lissner - Hermosa Beach, requested that items 1(a) and 1(n) be pulled from the consent calendar; asked if the Council could regularly give updates under Announcements in order to keep residents informed on the LAX issue; commented on a 58-percent increase in assaults shown in the October monthly activity police report; asked that Council set deadlines for getting agendas shown on cable and finance reports onto the internet; asked the status of the clean-up of Pacific Coast Highway. Councilmember Edgerton reported on the airport issue, noting he had attended a meeting last Wednesday with the General Accounting Office of the federal government, which is taking an interest in the environmental issues of the expansion, and another meeting Friday with the Southern California Task Force at the FAA building in El Segundo. He spoke of difficulties the FAA is having with various trade associations concerning moving the loop. He said he would attend a press conference tomorrow at 9 A.M. in El Segundo to show support for the lawsuit they will file against the City of Los Angeles. (b) WRITTEN COMMUNICATION 1. Letter from Jim Lissner requesting a rehearing of Item #10 of the November 9, 1999 City Council meeting regarding Sales Tax Reporting. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file. Motion Bowler, second Dunbabin. The motion carried by a unanimous vote. 2. Letter from Donley Falkenstien regarding potential illegal Landscape and Street Lighting District Assessment. City Attorney Jenkins said the requirement of Prop 218 for voter approval within two years applies to taxes, not assessments, as erroneously stated in this letter. Referring to a letter submitted two weeks ago by Jim Lissner, he said 1) the replacement of outdated equipment with more advanced equipment was clearly maintenance; and 2) senior subsidies were common and accepted at all levels of government and there was no legal requirement for a means test. In his opinion, the objections raised in the two letters were entirely without merit. Action: To receive and file. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 3. Letter from Jim Lissner regarding runoff elections, second parking structure status, funding for library, spending and revenue adjustments, zero cutoff street light, and PCH/Artesia crosswalk. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky for Jim Lissner, (g) Reviczky, (l) Edgerton, and (n) Reviczky for Jim Lissner. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 8:54 P.M. the order of the agenda was suspended to go to public hearing item 4. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 9, 1999. This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, referred to item 1(b), which noted his request to have the check register on the internet; said he was more interested in having the monthly financial reports placed on the internet (City Manager Burrell said that would be an item to discuss at the goals session). Action: To approve the minutes of the Regular meeting of November 9, 1999 as presented. Motion Reviczky, second Bowler. The motion carried, noting the abstention of Dunbabin. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 19286 THROUGH 19392, NOTING VOIDED CHECK NO. 19287, AND TO APPROVE THE CANCELLATION OF CHECK NO. 19077. 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 OCTOBER, 1999 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the October 1999, Financial Reports as presented. (e) RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 2000. Memorandum from City Manager Stephen Burrell dated November 3, 1999. Action: To approve the City Council meeting schedule for 2000, as recommended by staff (f) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 10, 1999. Claimant: McRae, Susan Date of Loss: 08-22-99 Date Filed: 09-14-99 Damage: Personal injury due to bicycle accident Disposition: City reimbursed claimant in amount of $600 Action: To receive and file the notice of closed claim, as recommended by staff. (g) RECOMMENDATION TO ACCEPT AND APPROPRIATE TO THE COMMUNITY RESOURCES DEPARTMENT A $250 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE ANNUAL HOLLOWEEN HOWL ACTIVITY. Memorandum from Finance Director Viki Copeland dated November 15, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, in order to publicly acknowledge and thank the donor. Action: To accept the following donation and appropriate it to the Community Resources Department for the stated purpose: Halloween Howl Woman's Club of Hermosa Beach - $250. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (h) RECOMMENDATION THAT THE CITY COUNCIL WAIVE PARKING FEES AND TIME LIMITS FOR THE METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE) AND HERMOSA AVENUE BETWEEN 8TH AND 16TH STREETS, DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 13, 2000 FROM 7:00 AM TO 1:00 PM. Memorandum from Community Resources Director Mary Rooney dated November 4, 1999. Supplemental flyer received November 23, 1999. Action: To waive parking fees and time limits for the meters along Pier Avenue (from Manhattan Avenue to Hermosa Avenue) and along Hermosa Avenue between Eighth Street and 16th Street, during the Sand and Strand Run on Sunday, February 13, 2000, from 7:00 a.m. to 1:00 p.m., as recommended by staff. (i) RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2000 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 16, 1999. Action: To receive and file, as recommended by staff. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25162 FOR A 2-UNIT CONDOMINIUM PROJECT AT 515 EIGHTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6037, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25162 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 515 EIGHTH STREET, HERMOSA BEACH, CALIFORNIA." (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 1999. Action: To receive and file the minutes of the Planning Commission meeting of November 16, 1999. (l) RECOMMENDATION TO APPROVE REQUEST FROM THE JAZZ ALUMNI CLUB MEMBERS TO USE THE PLAZA ON WEDNESDAYS FROM 4:00 PM TO 8:00 PM FOR JAZZ CONCERTS. Memorandum from Community Resources Director Mary Rooney dated November 15, 1999. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Gierlich - Hermosa Beach, spoke ;in favor of the proposal to have a series of jazz concerts on the Plaza; said the City was always well known around the country for jazz; spoke of the Lighthouse and Howard Ramsey and the jazz legacy of Hermosa Beach over the years; and Ozzie Cadena - Hermosa Beach, spoke to the request of the Jazz Alumni Club to present free music on the Plaza for seniors and jazz enthusiasts; spoke of the jazz legacy of Hermosa Beach, the Lighthouse and performers such as Howard Ramsey; said he preferred not to have concerts limited to Wednesdays as he did not know what days performers might have available. Proposed Action: To approve the request for jazz concerts on an as-needed basis rather than for a specific day of the week. Motion Edgerton. The motion was withdrawn. Action: To approve the request from the Jazz Alumni Club Members to use the Plaza on Wednesdays from 4:00 p.m. to 8 p.m. for free jazz concerts, as recommended by staff, with dates to be determined. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (m) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT EIGHTH STREET SOUTH TO THE CITY LIMITS FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 30, 2000 FOR THE SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND APPROVE EVENT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated November 15, 1999. Supplemental letter from Mark Conte dated November 1, 1999. Action: To approve the staff recommendation to 1.Approve the request from the Redondo Beach Chamber of Commerce and Conte Productions to use Hermosa Avenue at Eighth Street south to the City limits for approximately 30 minutes on Sunday, January 30, 2000 for the Elite Mile Race; 2.Waive special event and film permit fees; and 3.Approve the event subject to the conditions listed in the analysis. (n) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW FIRE ENGINE IN THE AMOUNT OF $290,639 (INCLUDES APPLICABLE TAX) TO PIERCE FIRE APPARATUS AND APPROVE THE TRADE-IN OF THE CROWN FIRE ENGINE TO PIERCE FIRE APPARATUS FOR THE AMOUNT OF $15,000. Memorandum from Interim Fire Chief Julian Ysais dated November 9, 1999. Supplemental letter from Jim Lissner, 2715 El Oeste, dated November 22, 1999. This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner for separate discussion later in the meeting. City Manager Burrell responded to Council questions, noting that this item had been approved in the budget. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to the letter he had submitted. Action: To approve the staff recommendation to: 1.Award the purchase of a new Fire Engine in the amount of $290,639 (includes applicable tax) to Pierce Fire Apparatus; and 2.Approve the trade-in of the Crown Fire Engine to Pierce Fire Apparatus for the amount of $15,000. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (o) RECOMMENDATION TO WAIVE THE AUTOMATIC VACACY REQUIREMENT FOR ABSENCES OF PLANNING COMMISIONER CHRIS KETZ. Memorandum from Community Development Director Sol Blumenfeld dated November 18, 1999. Action: To waive the automatic vacancy requirement for absences of Planning Commission Chris Ketz. (p) RECOMMENDATION TO APPROVE REQUEST FROM BEACH CITIES CHRISTIAN FELLOWSHIP FOR WAIVER OF BUILDING PERMIT FEES IN EXCHANGE FOR PUBLIC USE OF THE PARKING LOT WEST OF ARCO STATION, AT 702 11TH PLACE. Memorandum from City Manager Stephen Burrell dated November 18, 1999. Action: To waive the building permit fees in exchange for public use of the parking lot when not in use by the church, as recommended by staff. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a), (g), (l), and (n) 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. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATIVE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE AND APPEAL OF ENCROACHMENT PERMITS OVER CITY PROPERTY. (Continued from meetings of October 12, 1999, October 26, 1999 and November 9, 1999) Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1999. Supplemental ground lease received November 23, 1999. At 8:55 P.M., Councilmember Edgerton declared a potential conflict of interest (due to his letter of intent to rent space in the building) and left the dais and the room. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:57 P.M. Coming forward to address the Council on this item was: Jim Wellbaum - Triwell Properties, came forward with architect Larry Peha, noting they were identified in the ground lease as "Tenant"; addressed the lease document, noting they had just received it today; responded to Council questions. The public hearing closed at 9:09 P.M. Action: To approve the ground lease with the following nine conditions recommended by staff: 1.Initial ground lease rate at $21,000 per year; 2.CPI lease adjustments assessed every five years (maximum 15%, minimum 5% each assessment); 3.Ground lease escalator assessed every five years at 12.5% of the total gross rent receipts collected every five years but not less than the CPI adjusted ground lease; 4.Share of profits from sale of lease (if leasehold interest is transferred during the first five years of the term of the lease) assessed at $21,000 (first year ground lease payment); 5.Transaction fee of $1,000 or ten percent of the monthly minimum annual rent applicable to the portion of the property subject to subletting, to cover administrative and legal costs; 6.Off-site improvements consistent with the plan; 7.Exterior building finish consistent with the abutting City parking structure interior; 8.Quality of construction shown on material call outs on approved project plans; 9.Reimbursements to the City for site work (electrical and telephone conduit and sewer lateral); Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. Final Action: To approve the following additional ground lease condition recommended by staff: 1.Approve an appeal to an encroachment permit for a 2' to 6" encroachment at the second floor level of the project and related ground level encroachments shown on the plan. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Dunbabin and the absence of Edgerton. Councilmember Edgerton returned to the dais at 9:15 P.M. MUNICIPAL MATTERS 5.ORDINANCE TO AMEND THE BUSINESS LICENSE SECTION OF THE CODE TO EXEMPT CERTAIN DELIVERY CATEGORIES. Memorandum from Finance Director Viki Copeland dated November 16, 1999. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 99-1196, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.04 OF THE MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE FEES," which would amend the business license section of the City's Municipal Code to exempt certain delivery categories that are licensed by other agencies. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 9:18 P.M., the order of the agenda returned to item 2. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. DISCUSS FUTURE MEETING DATES FOR DOWNTOWN PLAN AND GOAL SESSION. City Manager Burrell discussed future meeting dates. Action: Mayor Oakes directed, with the consensus of the Council, that the scheduling of future meeting dates be deferred until January, 2000, and that the City Manager return with potential meeting dates. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION, COMMUNITY RESOURCES ADVISORY COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 2001. Memorandum from City Clerk Elaine Doerfling dated November 15, 1999. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct City Clerk to advertise the vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending June 30, 2001, and to report at the January 11, 2000, meeting on the number of applications received and the scheduling of an interview meeting prior to the regular meeting of January 25, 2000. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 8. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, November 23, 1999, at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, December 14, 1999. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 14, 1999, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Robert Benz ROLL CALL: Present: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes Absent: None PRESENTATION TO FORMER COUNCILMEMBER ROBERT BENZ Mayor Oakes presented a tile plaque of appreciation to Robert Benz and thanked him for his eight years of service as a member of the City Council, noting that he served the community well and would be missed. Mr. Benz expressed appreciation for the City plaque, saying he enjoyed working with this City Council and that they had accomplished a lot and changed Hermosa for the better. Mayor Oakes then gave Mr. Benz a plaque that was presented at the last meeting by Los Angeles County Supervisor Don Knabe, as well as certificates of recognition from State Senator Debra Bowen, and the U.S. House of Representatives. A representative of Assemblyman George Nakano's office came forward to present a certificate of recognition to Mr. Benz from the California State Assembly, commending him for his years of service to the citizens of Hermosa Beach. Mr. Benz expressed appreciation for all of the certificates of recognition. ANNOUNCEMENTS - Mayor Oakes said she had the pleasure of accompanying the Sister City Association on the December 2-6, 1999 trip to Loreto, Mexico, and planned to give recognition at a future meeting to the numerous citizens who, through their volunteerism, helped to enhance the lives of Loreto children and others. She said one reason for this trip was to celebrate the reconstruction and reopening of the 300-year old San Javier Mission, located in the mountains about 30 miles outside of the City of Loreto. She presented a plaque made by the local townspeople for the City of Hermosa Beach commemorating the 300th year birthday and reopening of the San Javier Mission, noting that it would be displayed at City Hall. She said Hermosa Beach would be hosting the Mexican-American Sister City Associations conference in January. Dick McCurdy, president of the Sister City Association, presented the City with a proclamation that had been given to him in Loreto, noting that it could be displayed with the plaque presented this evening by Mayor Oakes. He said the citizens of Hermosa Beach had adopted and paid for the restoration of one of the mission's 300-year-old paintings and that there would be a little bronze plaque on the painting saying that it had been restored by the citizens of Hermosa Beach. Mayor Oakes announced that the grand opening of the City's new parking garage took place at 6 P.M. this evening. She thanked everyone involved, noting that the project came in on time and on budget. Mayor Oakes said a Hermosa Beach merchants' holiday festival would take place Tuesday, December 21, from 5 P.M. to 9 P.M. in the commercial district along Pier and Hermosa avenues, with businesses staying open late, and with roving carolers, baked cookies, hot cocoa, and cider, and said Sangria would have a Santa's Workshop for the children to make their own Santa hats from 5 P.M. to 7 P.M. in their outdoor area. Mayor Oakes said a toy collection bin for the 7th annual Beach Cities Toy Drive was located in the parking lot of City Hall. She said the gift wrapping party would take place at 11 A.M. in the Clark building Saturday, December 18th, noting that participants should bring their own scissors and Scotch tape. Councilmember Reviczky said the toys would be distributed to numerous worthy organizations, including 1736 House, the Richstone Center, the Child Crisis Center at Harbor-UCLA, the Kenny Nicholson Foundation, the Good Shepherd Shelter, and others. He spoke of the joy that these toys bring to children who otherwise would have none. Councilmember Reviczky said the beautiful Christmas tree in the lobby had been donated by the Kiwanis Club, and thanked Mary Hull, her son and the reserve firefighters who were at City Hall on Sunday to decorate it. Councilmember Dunbabin commented on the tree lighting downtown over the weekend and the Sand Snowman contest and thanked the Community Resources Department and the City for the events. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Patricia Spiritus Benz - spoke to the December 21 holiday celebration, noting that 1100 mailers were sent out to school children; said cider, hot chocolate and cookies would be served; requested $500 of financial support from the City for the purchase of supplies in Santa's Workshop, such as felt, cotton balls, glitter; did not expect this to be an annual request as the Business Improvement District should be in place next year to provide revenue for the event; said Young at Art and the Kiwanis Club would help with the Santa's workshop. Action: To add the request for funding to the agenda based on the finding that the issue arose after the agenda had been posted and that it required immediate action due to the timing of the event. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Action: To authorize the expenditure of $500 to help fund the supplies needed for Santa's Workshop at the merchants' holiday festival Tuesday, December 21, 1999. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Continuing to come forward to address the Council were: Shirley Cassell - requested that agenda items 1(b), 1(h) and 1(i) be pulled from the consent calendar; said she wanted to speak on item 7(b) when the item comes up; noted that all Council members had their laptop computers except for Councilmember Edgerton; and Jim Lissner - requested that agenda item 1(k) be pulled from the consent calendar. (b) WRITTEN COMMUNICATIONS 1. Letter from Mariellen Kelseaux and Will Hartman of Our Town Productions requesting film permit fee waivers. Coming forward to address the Council on this item was: Mariellen Kelseaux - spoke to her letter, noting the filming that Council had earlier approved had not been made; said this would be a documentary and the proceeds would go to a local charity. Action: To approve the requested film permit fee waivers with the condition that the proceeds go to a Hermosa Beach charity. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 2. Letter from Jim Lissner regarding sales tax breakdown. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, spoke to his letter. Action: To receive and file the letter. Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote. 3. Letter from Jim Lissner regarding Parks, Recreation and Community Resources Advisory Commission Packet availability at the library and on the internet; public noticing of unclaimed funds; and, status of Council agendas on cable and Council meetings live on internet. Coming forward to address the Council on this item was: Jim Lissner - spoke to his letter. City Manager Burrell and Community Resources Director responded to Council questions. Action: To receive and file. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 4. Letter from Roger Creighton regarding status of an anonymous donation for a tree and plaque. Action: To receive and file. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 5. Letter from Palm Drive, Manhattan Avenue and 10th Street residents requesting a hearing to modify or revoke CUP for Ibiza Restaurant. Coming forward to address the Council on this item were: Jay Hart - said he was in the process of inheriting the property at 915 Manhattan Avenue, directly behind the business in question; requested revocation of the conditional use permit (CUP); said this was a nightclub, not a restaurant; Doran Davis - 920 Palm Drive, lower, requested a hearing to revoke the CUP; Miki Smallman - 920 Palm Drive, upper, requested a CUP revocation hearing and the ability to address all issues; and Kevin Wall - 1220 17th Street, one of the business owners, said the Planning Commission had given them two months to work on the issues and they would like those two months. City Attorney Jenkins advised the Council to not discuss the merits of the case this evening. Action: To refer the matter to the Planning Commission for a full review of all issues and conditions at a noticed public hearing in February, with the authority to use its discretionary powers to modify the conditions of the CUP as deemed necessary, and with direction to look at the issues of dumping of trash in the early morning hours, deliveries in the alleyway, the removal of an interior wall and expansion of the restaurant into the garage area; and the attenuation of noise. Motion Bowler, second Mayor Oakes. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items which were removed for discussion in item 3, but are shown in order to clarity: (b) Mayor Oakes for Shirley Cassell, (h) Mayor Oakes for Shirley Cassell, (i) Mayor Oakes for Shirley Cassell, (k) Mayor Oakes for Jim Lissner, and (n) Mayor Oakes. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 23, 1999. Action: To approve the minutes of the regular meeting of the City Council meeting of November 23, 1999. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 19393 THROUGH 19586, NOTING VOTDED CHECK NO. 19454, 19459 AND 19510, AND TO APPROVE CANCELLATION OF CHECK NOS. 19281 AND 19400, AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Mayor Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - questioned warrants 19430, 19528 and 19550, all for legal services/billing. City Manager Burrell and City Attorney Jenkins responded to Ms. Cassell's questions. Action: To ratify the check register as presented. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR: Claimant: Goodwin, John G. Date of Loss: 11/17/99 Date Filed: 11/17/99 Claimant: Carson, Robert E. Date of Loss: 10/28/99 Date Filed: 11/10/99 Action: To deny the listed claims, as recommended by staff. (e) RECOMMENDATION TO WAIVE THE AUTOMATIC VACANCY REQUIREMENT FOR ABSENCES OF PLANNING COMMISSIONER CAROL SCHWARTZ. Memorandum from Community Development Director Sol Blumenfeld dated December 6, 1999. Action: To waive the automatic vacancy required for the absences of Planning Commissioner Carol Schwartz, as recommended by staff. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25064 FOR A 2-UNIT CONDOMINIUM PROJECT AT 610 11TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 29, 1999. Action: To approve the staff recommendation to adopt Resolution No. 99-6038, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25064 FOR A TWO-UNIT CONFOMINIUM PROJECT LOCATED AT 610 - 11TH STREET, HERMOSA BEACH, CALIFORNIA." (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 1, 1999. Action: To receive and file the action minutes of the Planning Commission meeting of December 1, 1999. (h) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 1999. This item was removed from the consent calendar by Mayor Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - questioned the claim and the process for announcing settlements. Personnel Director/Risk Manager Earl responded to questions, noting that the case had been resolved through arbitration, not a settlement. Action: To receive and file the following Notice of Closed Claim, as recommended by staff: Claimant: Gigliotti, Julie Damage: Personal injury due to automobile accident. Disposition: Case resolved through arbitration pursuant to prior Council directive. Arbitration award in the amount of $37,500. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE THE REVISED RATES FOR CITY ATTORNEY SERVICES. Memorandum from Personnel Director/ Risk Manager Michael Earl dated December 8, 1999. This item was removed from the consent calendar by Mayor Oakes, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - asked for the full amount of money paid to the City Attorney's firm. City Manager Burrell said staff would respond by letter to Ms. Cassell's question. Action: To approve the revised rates for City attorney services, as recommended by staff. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE CONTRACT AMENDMENT FOR REIMBURSABLE COSTS, INCREASING THE CONTRACT AMOUNT TO $15,865 FOR PROFESSIONAL SERVICES RENDERED BY PLANNING CONSULTANT RESEARCH (PCR) SERVICES CORPORATION FOR THE BIJOU BUILDING SEISMIC RETROFIT AND REMODEL PROJECT. Memorandum from Community Development Director Sol Blumenfeld dated December 8, 1999. Action: To approve the contract amendment for reimbursable costs, increasing the contract amount to $15,865 for professional services rendered by Planning Consultant Research (PCR) Services Corporation for the Bijou building seismic retrofit and remodel project, as recommended by staff. (k) RECOMMENDATION TO APPROVE PROJECT NO. CIP 95-622 CITY HALL RENOVATIONS REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES AND AUTHORIZE STAFF TO SOLICIT PROPOSALS. Memorandum from Public Works Director Harold Williams dated December 6, 1999. This item was removed from the consent calendar by Mayor Oakes, at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - said the City could save $0.5 million that could be used elsewhere; said he saw no need for air conditioning at City Hall. City Manager Burrell responded to questions. Action: To approve the Request for Proposals for construction management/inspection services for the City Hall renovation project and authorize staff to solicit proposals, as recommended by staff. Motion Edgerton, second Mayor Oakes. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GORDON CHONG & PARTNERS TO INCREASE CONTRACT BY $21,550 AND APPROVE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND ASSOCIATED SOILS ENGINEERING, INC. TO INCREASE CONTRACT BY $17,105. Memorandum from Public Works Director Harold Williams dated November 30, 1999. Action: To approve the staff recommendation to approve the following: 1.First Amendment to Professional Services Agreement between City and Gordon Chong & Partners to increase contract by $21,550, for a new contract amount of $441,750; and 2.First Amendment to Professional Services Agreement between Associated Soils Engineering, Inc. to increase contract by $17,105, for a new contract amount of $37,812. (m) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF FUNDS FOR THE PURCHASE OF FIRE HOSE FROM SOUTH COAST FIRE EQUIPMENT, INC. OF SANTA ANA, CALIFORNIA. Memorandum from Interim Fire Chief Julian Ysais dated December 7, 1999. Action: To authorize the appropriation of funds for the purchase of fire hose from South Coast Fire Equipment, Inc., of Santa Ana, as recommended by staff. (n) RECOMMENDATION TO APPROVE CONSULTING ENGINEERING AGREEMENT BETWEEN THE CITY AND DAVID EVANS AND ASSOCIATES IN THE AMOUNT OF $67,210.00 FOR PROJECT NO. CIP 95-507 - VALLEY PARK IMPROVEMENTS. Memorandum from Public Works Director Harold Williams dated December 1, 1999. This item was removed from the consent calendar by Mayor Oakes for separate discussion later in the meeting. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To continue the item to the next meeting of January 11, 2000, with direction to staff to investigate the Valley Park storm water issue and the scope of work. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. (o) RECOMMENDATION TO APPROVE AGREEMENT BETWEEN THE CITY AND QUANTUM CONSULTING IN THE AMOUNT OF $42,000 TO PROVIDE CONTRACT ADMINISTRATION/INSPECTION SERVICES RENDERED IN ASSOCIATION WITH CONSTRUCTION OF THE LOMA DRIVE UNDERGROUND UTILITY DISTRICT AND THE MYRTLE AVENUE UNDERGROUND UTILITY DISTRICT. Memorandum from Public Works Director Harold Williams dated December 6, 1999. Action: To approve the staff recommendation to: 1.Approve payment of $42,000 to Quantum Consulting for contract administration and inspection services rendered in association with construction of the Loma Drive Underground Utility District and the Myrtle Avenue Underground Utility District; and 2.Approve the transfer of $22,000 from Construction Costs to Incidental Expenses. 2. CONSENT ORDINANCES a. ORDINANCE NO. 99-1196 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.04 OF THE MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE FEES." Memorandum from City Clerk Elaine Doerfling dated November 24, 1999. Action: To waive full reading and adopt Ordinance No. 99-1196. Motion Reviczky, second Bowler. AYES: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes NOES: None At 8:20 P.M., the order of the agenda was changed to go to Municipal Matter item 4. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(b), (h), (i), (k) and (n) 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. AWARD OF CONTRACT FOR PARKING OPERATOR - NORTH PIER PARKING STRUCTURE AND LOT A. Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1999. Councilmember Edgerton asked the City Attorney if he had a conflict of interest concerning this issue due to his letter of intent to rent space in the building that will front the parking lot and he would be parking in the lot. City Attorney Jenkins advised Mr. Edgerton to vote tonight on this issue as he saw no conflict problems with this particular decision, and said he would further advise him on any future decisions. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Bob Hindle - vice president of Parking Concepts, responded to Council questions concerning safety/security and other issues. Action: To approve the staff recommendation to: 1.Award the contract to Parking Concepts, Inc. as the Parking Operator; and 2.Approve the contract with the proviso that the parking rates be established by City Council at a subsequent meeting. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. City Manager Burrell said after the holiday parking hiatus is over, the parking charge would be set at the current street level of 50 cents per hour until the new rates are adopted. At 8:50 P.M., the order of the agenda was changed to go to item 7.b. 5. ORDINANCE AMENDING MISCELLANEOUS SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated December 9, 1999. Supplemental memorandum from City Clerk Elaine Doerfling dated December 14, 1999. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 00-1197, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING MISCELLANEOUS SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE," amended as requested by the City Clerk to add Section 12, authorizing the City Attorney to prepare a summary, and Section 13, pertaining to City Clerk certification. Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. 6. REQUEST TO INITIATE A TEXT AMENDMENT TO ALLOW CARETAKER'S UNIT AS AN ACCESSORY USE IN THE M-1 ZONE. Memorandum from Community Development Director Sol Blumenfeld dated December 8, 1999. Community Development Director Blumenfeld presented the staff report and responded to Council questions, noting that the mini-storage use was recently eliminated, making this a legal nonconforming use, and the caretaker use had been eliminated from the City Code about 20 years ago. City Attorney Jenkins also responded to Council questions, saying the Council could initiate a text amendment at City expense or the owner could initiate it at his own expense. Coming forward to address the Council on this item was: Raymond Sulser - representing Hunt Enterprises, said they owned two other storage warehouses, one of which had a caretakers unit, and cited many more problems with the other one; said they would have security cameras 24 hours a day; said an on-site caretaker would provide security on the premises and be available in case of an emergency; said the caretaker's unit would be 1000 square feet with two bedrooms and two baths, but could be smaller. Action: To receive and file the request, noting that the Council was not opposed to the request but preferred to let the applicant initiate and pay for the amendment since the applicant would benefit. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. At 9:15 P.M., the meeting was recessed. At 9:45 P.M., the meeting reconvened, with discussion of those items removed from the consent calendar. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REPORT ON PROPOSAL BY JIM LISSNER TO RAISE TAXES AND REDUCE EXPENDITURES. Memorandum from City Manager Stephen Burrell dated December 9, 1999. Coming forward to address the Council on this item was: Jim Lissner - spoke to the report; said he no longer favored cutting City Council compensation; asked how staff was working with the Pacific Coast Highway businesses. City Manager Burrell responded to Council questions. Action: To receive and file the report. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. b. RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CERTAIN REAL PROPERTY AND EXECUTE ESCROW INSTRUCTIONS ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated December 9, 1999. Supplemental resolution received December 14, 1999. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said the location of the property should have been noted in the report; and Peter Tucker - 235 34th Street, asked about capital gains tax (City Manager Burrell said the City did not pay taxes.) Action: To approve the staff recommendation to adopt Resolution No. 99-6039, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING THE PROPERTY AT 302 THE STRAND, HERMOSA BEACH, CALIFORNIA, AND DIRECTING ITS DISPOSITION AND RECORDATION." Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS - DECEMBER 1999. Memorandum from City Clerk Elaine Doerfling dated November 29, 1999. City Clerk Doerfling responded to Council questions. Action: Mayor Oakes, with the consensus of the Council, directed that the following changes be made to the list of committee assignments: 1.appoint Dunbabin as delegate to the Coordinating Council; 2.appoint Dunbabin as delegate to Independent Cities Lease Finance Authority (requires resolution to be, presented for adoption January 11, 2000); 3.appoint Bowler as alternate to the Sister City Association; 4.appoint Dunbabin as delegate to the South Bay Cities Association; 5.appoint Dunbabin as delegate to South Bay Corridor Study Steering Committee; 6.appoint Reviczky as delegate and Oakes as alternate to the West Basin Water Association; 7.appoint Dunbabin as delegate to the Santa Monica Bay Restoration Project; 8.delete the following temporary subcommittees: Bijou Development Project; Preferential Parking Area; Pacific Coast Highway Upgrade; and Eighth Street Sidewalk; and 9.change the name of the Airport Expansion temporary subcommittee to the Airport Subcommittee and appoint Edgerton to serve on it with Reviczky. 9. OTHER MATTERS - CITY COUNCIL a. Request by Mayor Pro Tem Reviczky to waive electrical reconnection permit fees for Loma and Myrtle Underground Districts. Councilmember Dunbabin said she would abstain since she lived on Myrtle Avenue. Mayor Pro Tem Reviczky spoke to his request. Action: To waive electrical reconnection permit fees for the Loma and Myrtle Underground Districts. Motion Reviczky, second Edgerton. The motion carried, noting the abstention by Dunbabin. City Attorney Jenkins requested that the Council add two items to the closed session agenda, both of which arose after the agenda was posted. He said the items were requests by the League of California Cities for the City to participate, at no cost to the City, in the amicus briefs of two cases: Ballard v. City of Clovis and Lion's Lair Enterprises v. County of Riverside. He said adding these to the agenda required a four-fifths vote. Action: To add the two items to the agenda based on the finding that the need to take action arose after the agenda was posted. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: a. Approval of minutes of Closed Session meeting held on May 25, 1999. b. Approval of minutes of Closed Session meeting held on June 8, 1999. 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6. City Negotiator: Stephen Burrell Employee Organization: Hermosa Beach Firefighters Association 3.LITIGATION - AMICUS BRIEF PARTICIPATION: Pursuant to Government Code Section 54956.9. Ballard v. City of Clovis Lion's Lair Enterprises v. County of Riverside (EO 24277) ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 14, 1999, at the hour of 10:30 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:35 P.M. At the hour of 10:50 P.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - The City Attorney announced the City Council decision to participate, at no cost to the City, in the amicus briefs of the following two cases: Ballard v. City of Clovis and Lion's Lair Enterprises v. County of Riverside (EO 24277). ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 14, 1999, at the hour of 10:51 P.M. to the Regular Meeting of the City Council on Tuesday, January 11, 2000, at the hour of 7:10 P.M. *********************************************************************