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HomeMy WebLinkAbout10/14/85J "Every man 94( takes the limits of his own field of vision for the limits of the world." - -Arthur Schopenhauer AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Monday, October 14, 1985 - Council Chambers, Ci,.ty Hall Closed Session - 6:30 p.m. Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. Any complaints against the City Council, City Management, or departmental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION: California Safe Schools Week, October 6-12, 1985 California Delinquency Prevention Week, October 27 - November 2, 1985 1. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority con- sent of the City Council. There will be no separate dis- cussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) Approval of Minutes: Regular meeting of the City Council e d on -September 10, 1985. Recommended Action: To approve minutes. (b) Approval of Minutes: Regular meeting of the City Council held on September 24, 1985. Recommended Action: To approve minutes. (c) Demands and Warrants: September 24, 1985. Recommended Action: To approve Demands and Warrants Nps. through inclusive. (d) Tentative Future Agenda Items. Recommended Action: To receive and file. (e) City Manager Activity. Report. Memorandum from City Man- ager Gregory T. Meyer dated October 5, 1985. Recommended Action: To receive and file. (f) Approval of Final Parcel Map #16380: 2-unit condominium at 629 - 11th Street. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Recommended Action: To approve Final Map #16380. (g) Monthly Investment Report: September, 1985. Recommended Action: To receive and file. (h) Claim for Damages: Frank B. Garcia, 4136 W. 160th Street, Lawndale, 90260, filed August 23, 1985. Recommended Action: To deny claim per recommendation of City's insurance adjuster R. L. Kautz & Company. (i) Claim for Damages: Jin Hwan Shen, 1655 Talmadge Avenue, Los Angeles, 90027, represented by Karen & Edell, 8665 Wilshire Blvd., Penthouse, Beverly Hills 90211, filed August 29, 1985. Recommended Action: To deny claim per recommendation of City's insurance adjuster R. L. Kautz & Company. (j) CiTreasurer's Report: July, 1985 Recommended Action: To receive and file. (k) Revenue Report: July, 1985 Recommended Action: To receive and file. (1) Expenditure Report: July, 1985 Recommended Action: To receive and file. (m) Award of contract - Sanitar Sewer Desi:n for CIP 85-401 85-402, and 85-403. Memorandum from Public Works Direc- tor Anthony Antich dated September 30, 1985. Recommended Action: To award contract to ASL Consulting Engineers and authorize Mayor to sign agreement. 2 (n) Transfer of Funds, 1984-85 City Budget. Memorandum from Finance Administrator Viki Copeland dated October 9, 1985. Recommended Action: To approve transfer of funds. (o) Award of contract for preliminar •ark design services for CIP 85-502. Memorandum from Public Works Director Anthony Antich dated September 30, 1985. Recommended Action: To award contract to Berryman & Stephenson Consultants, Inc. and authorize Mayor to sign agreement. (p) Award of contract for architectural services - Public restroom refurbishing for CIP 85-501 and 85-503. Memo- randum from Public Works Director Anthony Antich dated September 24, 1985. Recommended Action: To award contract to Martin Sapetto and Associates and authorize Mayor to sign agreement. (q) Re•uest for amendment of contract from Transit Contrac- tors. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Recommended Action: To deny requested contract amendment. (r) Request for Closed Session 10/22/85. Memorandum from City Manager Gregory T. Meyer dated October 7, 1985. Recommended Action: To calendar a closed session for October 22, 1985 at 6:30 p.m. (s) Authorization to •a claim - Farmers Insurance Grou•/ Angela Ching (King . Memorandum from City Clerk Kathleen Reviczky dated September 30, 1985. Recommended Action: To authorize R. L. Kautz & Co. to pay the subrogation claim and to direct the Director of Finance to draw a demand directly upon the self-insurance fund for the payment of such sum. (t) Revising agreement with South Bay Datsun to purchase Police vehicles. Memorandum from Police Chief Frank Bee- son dated October 3, 1985. Recommended Action: To approve Agreement amendment. (u) Approval of Lease Agreement between the City and Project Touch for office space at the Community Center. Memoran- dum from Community Resources Director Alana Mastrian dat- ed October 3, 1985. Recommended Action: To authorize Mayor to sign lease agreement. (v) Amendment to the 1985-86 CIP Budget. Memorandum from Assistant City Manager Alana Mastrian dated October 3, 1985. Recommended Action: To approve amendment to the 1985-86 CIP budget. (w) Award of contract for sanitar sewer construction and ins ection within Target Area I for CIP 85-403. Memoran- dum from Public Works Director Anthony Antich dated Oc- tober 8, 1985. Recommended Action: To approve staff recommendation. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 85-814 - AN ORDINANCE OF THE CITY OF HERMO- SA BEACH, CALIFORNIA, CONSENTING TO AN ASSIGNMENT OR TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE. For waiver of further reading and adoption. (b) RESOLUTION DECLARING INTENT TO CIRCULATE RFP FOR OIL OPERATOR. Memorandum from City Attorney James P. Lough dated October 2, 1985. (c) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DELETING STORY LIMITATIONS AND ESTABLISHING SET- BACK REQUIREMENTS IN COMMERCIAL ZONES. For waiver of full reading and introduction. Memorandum from Planning Director Michael Schubach dated October 2, 1985. (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, SEEKING REIMBURSEMENT FROM THE CALIFORNIA COASTAL COMMISSION FOR PLANNING ASSISTANCE SERVICES PERFORMED BY THE CITY. Memorandum from Planning Director Michael Schubach dated October 9, 1985. 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC. 4. ORAL COMMUNICATIONS FROM. THE PUBLIC - MATTERS OF AN UR- GENCY NATURE. MUNICIPAL MATTERS NONE 6. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. CONSENT HEARINGS 7. REQUEST FROM HERMOSA BEACH CHAMBER OF COMMERCE FOR APPROVAL IN CONCEPT OF A TWO-DAY MUSIC EXPO OCTOBER '86. Memorandum from City Manager Gregory T. Meyer dated Oc- tober 7, 1985. HEARINGS PROPOSED EMERGENCY ORDINANCE REINSTATING A MORATORIUM ON THE CONSTRUCTION OF CONDOMINIUMS, STOCK COOPERATIVES AND COMMUNITY APARTMENTS WITHIN THE R-1 ZONE. Memorandum from Planning Director Michael Schubach dated October 9, 1985; also memorandum from Councilmember Gary Brutsch dated October 7, 1985 requesting consideration of moratorium on condominium development in the R-2 and R-3 zones. 9. ADDITIONAL INFORMATION AS REQUESTED ON 10TH STREET AND HERMOSA AVENUE SIGNAL. Memorandum from Public Works Di- rector Anthony Antich dated October 3, 1985. PUBLIC NONE 10. 11. HEARINGS - TO COMMENCE AT 8:30 P.M. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Report from Councilmember Gary Brutsch re. SCRTD bus route eliminations. b. Report from Councilmembers George Barks and Gary Brutsch re. Peppertree Apartment rents. 12. OTHER MATTERS - CITY COUNCIL ADJOURNMENT October 9, 1985 HONORABLE MAYOR and MEMBERS of the Regular Meeting of HERMOSA BEACH CITY COUNCIL October 14, 1985 MINUTES OF MEETING 9-10-85 Submitted for your information is the verbatum transcript of your request on September 24 to strike and revise the minutes of September 10, 1985. Also included is the verbatum transcript of the public announcement of the results of the Closed Session on September 10. It is my understanding that City Manager Greg Meyer will inform you of the vote that is reflected in the minutes which he took at the Closed Session. CONCUR: Greory . M_yer, City Manager leen Revicz , City VERBATUM - SEPTEMBER 24 MEETING - ITEM 1A - MINUTES DE BELLIS - On page 2, the one at the top, there was a discussion about additional compensation for the City Clerk and the vote reflects Barks NO, Cioffi Absent. My recollection of that occur- rence was that in fact Mr. Wood and myself voted NO and the other two voted yes. I don't know what that means but I don't think the minutes are right. BARKS - Mr. Mayor, I would like to ask the clerk a question. Why isn't there a maker and a second and why isn't it noted how everyone voted. REVICZKY - These were actions from closed session of which I don't attend. WOOD - They weren't reported out. BARKS - Well I may have been confused and maybe I did vote as the minutes reflect, but I think my argument all along has been that we should pay the City Clerk. My argument also was that the City Attorney did act according to the direction of the Council majority so I really think that I should have a yes vote on all of these if this wording is correct because I did publicly say that I thought the City Attorney was reflecting the Council majority. WOOD - Why don't we strike this from the record and we will make a new motion and vote on it in public. DE BELLIS - Let me suggest a motion first and we'll see if that takes care of it. I would like to make a motion that the City Clerk receive from whoever the appropriate body is what the votes on these were and change the minutes to reflect same. DeBellis/Wood LOUGH - Mr. Meyer keeps the minutes of closed session and I sug- gest that we just continue it until he can take a look at it. WOOD - Then the motion would be to strike the minutes as shown and have them revised at the next meeting. VERBATUM OF RESULTS FROM CLOSED SESSION ANNOUNCED 9-10-85 WOOD - As an extension of the Executive Session that we had, there were four activities which we undertook which are of some interest to lots of people, four or five activities. Basically there was some question as to whether or not the City Attorney had been authorized to file a brief on our behalf. Let's go a little further. There is a lawsuit that you probably all heard about regarding the votes. Essentially there are four different parties that are involved. It is Escalante vs. Reviczky, the City Clerk, and basically the Friends of the Hotel filed suit against the Clerk to have certain votes counted. The opposition lawyered by Shiela Miller filed and requested to become part of the suit and were granted that allowance by the Judge. And fur- ther, the City of HB is a semi -active, there is some questions as to whether we are active, passive or whatever, but anyway we are sitting in court listening to what is going on and our attorney is in attendance and is being asked questions and is giving responses. He has, or had, filed a brief that is now on record with the court and has made certain findings based on his research of the law and has answered certained questions asked him by the judge. In some cases they are in conflict with the opinions of other people involved; obviously attorneys seldom agree and that is what makes lawsuits, and the judge is deciding these things. In order to validate this activity, we agreed that a memorandum had in deed been sent to us, the one Mr. Barks re- ferred to, and that this action had been described and that in lieu of having had appropriate actions taken in a timely fashion, which was brought to some questions as to whether or not we had acted, we made the following actions and we validated things: We passed a resolution whereby we agreed unanimously that the brief filed by the City Attorney had our authorization. BARKS - Mr. Mayor, I did not agree with the Council. WOOD - Oh yes, it was three to one. There were a couple that you did , I guess they were the payment ones. Anyway, he has expended approximately $8,600 to date and we validated that ex- penditure as an additional amount above his normal monthly stipend. That passed unanimously. Is that correct? OK.We also authorized an additional $5,000 in potential fees to allow him to continue answering the questions if so addressed by the judge. We also indicated that we wanted as close to a neutral position as possible, in the sense that he was not to be an advocate but only answer questions when asked, and bring up points of law and this kind of thing. We also received a request from the attor- neys representing the City Clerk, who are separate from ours, indicating that there had been approximately $18,000 worth of expenditures to date and there are additional monies that will be due obviously to continue with this, and so we enhanced the au- thorization to $25,000. Those are essentially the summation of the four major activities we undertook in private session. 1 MEYER - Yes, and your honor, the record should reflect that Coun- cilmember Cioffi was not present during those discussions. WOOD - That's true. Now are the items under litigation reportable? LOUGH - There were no other reportable actions BARKS - Mr. Mayor, I just want to clarify the points you brought out with regards to the election contest relative to the Coun- cil's actions. I just want to make it very clear, and I stand to be corrected if I'm wrong, I recall not supporting some of the motions to continue paying for our City Attorney's legal expenses on this issue, the election contest, and the reason for that is not because I don't think the City Attorney is eligible or ahould not be paid, it's because I dgreed with this Council from the beginning on the policy position. I did not think that he should have been involved in the first place, and that is the reason that I am not supporting the continuing legal expenses. It is not because I don't think he is entitled to it. MEYER - My notes indicate that Councilmember Barks voted "NO" on all of those matters with the exception of the one motion in which the City Attorney was instructed to continue the defense of the City but in a very subdued role. WOOD - I think that conforms to my memory. DE BELLIS - I don't recall, and since we are doing this maybe we should go ahead and deal with this, I don't recall the motion. that we dealt with as far as the procedure for the City Attorney to follow henceforth was to be that of neutral. I thought what we had voted on was that he had filed a brief and we asked him to pursue those points in which he had, if you will, opposed the decision of the City Clerk. You indicated just a minute ago that wasn't the case. Maybe I'm wrong. WOOD - I was only trying to explain it to the public and whatever the consensus is is whatever it was. BARKS - Mayor Wood, I think Councilman DeBellis is correct in interpretation of that motion and if he is, then I want to publicly state right now that I do not support that motion either. I want to go on record then of not supporting any of the motions in closed session relative to the June 11 contest. DE BELLIS - Am I correct in that? BARKS - It is not, I think he is correct, it is not a position of neutrality even from this point on. WOOD - OK, I will stand corrected if I overemphasized. 2 BARKS - No, I think you are correct and Mr. Meyer is correct, I did vote for it, but it was my understanding that it was a motion of neutrality because that was what Councilman Brutsch was saying, but in fact it is not a position of neutrality. DE BELLIS - Right. The other thin I wanted to speak to in regards to this issue is that I have heard through the rumormill that there is a belief that the City is defending me on my vote and I want to clarify for whomever is interested that I do not have any representation, I was subpoenaed by the, whatever they are called, contestest, on how I voted, the attorney for the City Clerk is justifying her acceptance of my vote just as she did for all the other people that she either did or did not accept their vote. So the fact that I am a Councilman, there is no gift of public funds, it doesn't have anything to do with that, the fact that I voted and the City Clerk counted my vote, her attorney put together points and authorities, or whatever you call it, on why she was correct in his opinion. The judge will rule on that the 23rd, or whatever day its going to be. He still hasn't ruled on that issue or a number of others. So for those of you who think that I am being defended by the City, you are wrong. REVICZKY - Mayor Wood, you are required to announce publicly your actions from closed session, so if the announcement that the City is maintaining as close to a neutral position as possible is not correct, I think you should announce the correct action. BRUTSCH - Well, the action.. WOOD - I would if I could but I don't know what the hell it is. BRUTSCH - The action from closed session was that Mr. Lough was going to respond if questioned about those issues that were in his brief. Independent of that, he is going to remain neutral, and, if we had our way, we would have recalled the brief but it is already part of the record and he is going to have to respond to it. WOOD - Well if I could respond a little bit, hopefully in clarification, there was some feeling that the City Attorney had been more than neutral and had been semi or sort of aggressive in filing a brief that was contrary to the City Clerk in some occa- sions. So if that qualifies it being aggressive, then his in- struction was don't be aggressive, but don't refuse to answer to answer the questions of the judge, continue to participate, con- tinue to look out for the City's best interests, but do not place yourself in a position of advocacy on behalf of the hotel propo- nents at the expense of the City Clerk or the negatives. That is kind of the flavor, I don't know how the hell to say it - whether it's neutral or non-active, or not as active as before, but the idea was, you know, we probably should have hashed over the brief, we didn't in time for it to be filed, but it might not have been filed as it was had we done it, but it is over and from now on we are going to try to take as close to a neutral position as_possible. Is that basically what happened? Does everyone 3 understand it happened that way? I mean I don't know how to ex- plain it. BARKS - The only think that I don't agree with you on, Mayor Wood, is that Mr. Lough is functioning pursuant to the brief and the brief is not a passive or neutral position on this issue and that is what I don't understand - how can he be passive and neu- tral when the brief is very clear? WOOD - OK, well I think part of it is understanding what a brief is. In fact it is not a position paper - its points and authority. 13) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 10, 1985 at the hour of 7:34 P.M. CLOSED SESSION - 6:30 P.M. Present - Barks, Brutsch, DeBellis, Mayor Wood Absent - Cioffi PLEDGE OF ALLEGIANCE - City Clerk Kathleen Reviczky ROLL CALL Present - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood Absent - None PRESENTATION: Pedestrian Safety Citation Plaque presented to the City of Hermosa Beach by Edward "Bud" Milton, District Manager of the Southern California Auto- mobile Association Resolution of commendation, retiring employee Luis Gonzales - October, 1960 to September, 1985 PROCLAMATION: "Constitution Week", September 17 - 23, 1985. "Coastweek", September 21 - 28, 1985 and "California Coastal Clean-up Day", Saturday, September 21, 1985 RESULTS FROM CLOSED SESSION The following actions were taken by the City Council regarding the case of Escalante vs. City of Hermosa Beach (Special Election held June It, 1985) noting the absence of Councilman Cioffi: Passed a resolution whereby Council agreed that the brief filed by the City Attorney had Council authoriza- tion. (Barks NO, Cioffi absent) 2. The Council validated the $8,600 expenditure to date by the City Attorney in the subject case as an additional amount above his normal monthly stipend. (Barks NO, Cioffi absent) 3. Authorized an additional $5,000 in potential fees to al- low the City Attorney to allow him to continue to answer questions if so addressed by the Judge. Council directed the City Attorney to remain neutral in this matter,not to be aggressive but don't refuse to answer questionsof the Judge, continue to participate, continue to look out for the City's best interests, but to not place himself in a position of advocacy on behalf of the hotel proponents at the expense of the City Clerk or the negatives. (Barks NO, Cioffi absent) 1 4. The expenditure for the City Clerk's attorney having reached $18,000, Council enhanced this authorization to $25,000. (Barks NO, Cioffi absent) 1. CONSENT CALENDAR: Action: To approve the Consent Calendar items (a) (cc) with the exception of the following items which were pulled for separate discussion but are listed in order for clarity: (q) Brutsch, (s) Barks, (y) Brutsch, and (z) Brutsch. Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (a) Approval of Minutes: Regular meeting of the City Council held on August 27, 1985. Action: To approve minutes. (b) Demands and Warrants: September 10, 1985. Action: To approve Demands and Warrants Nos. 17992 and 18123 through 18201 inclusive noting voided Warrants 18123, 18124 and 18151. (c) Tentative Future Agenda Items. Action: To receive and file. (d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated September 5, 1985. Action: To receive and file. (e) Request for Closed Session 9/24/85. Memorandum from City Manager Gregory T. Meyer dated August 20, 1985. Action: To calendar a Closed Session for September 24, 1985 at 6:30 p.m. (f) Buildin and Safet De artment Monthly Activity Report: August, 19 5. Action: To receive and file. (g) Community Resources Department Monthly Activity Report: August, 1985. Action: To rece.ive and file. (h) Fire Department Monthly Activity Report: August, 1985. Action: To receive and file. 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 24, 1985 at the hour of 7:40 P.M. CLOSED SESSION - 6:37 P.M. Present: Barks (arrived 6:45), Brutsch, Cioffi, DeBellis, Mayor Wood Absent: None PLEDGE OF ALLEGIANCE - City Manager Gregory T. Meyer ROLL CALL Present: Barks (arrived 7:45), Brutsch, Cioffi, DeBellis, Mayor Wood Absent: None PROCLAMATION: National Crime Prevention Month, October., 1985 Domestic Violence Awareness Week, October 6-12, 1985 RESULTS FROM CLOSED SESSION None 1. CONSENT CALENDAR Action: To approve consent calendar items (a) through (n) with the exception of the following items which were pulled for separate discussion but are listed in order for clarity: (a) DeBellis, (j) Barks and (k) Mayor Wood; noting a "NO" vote on (e) Brutsch; and ABSTENTION on (f) Mayor Wood (financial conflict of interest. Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (a) Approval of Minutes: Regular meeting of the City Council held on September 10, 1985. Action: To strike the minutes as shown and return at the meeting of October 14, 1985. Motion DeBellis, second Mayor Wood AYES Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None - 1 - Minutes 9-24-85 (b) Demands and Warrants: September 24, 1985. Action: To approve Demands and Warrants Nos. 18203 through 18341 inclusive noting voided Warrants 18210-14. (c) Tentative Future Agenda Items. Action: To receive and file. (d) Citi Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated September`::19, 1985. Action: To receive and file. (e) Approval of Final Parcel Mapa3848: 5 -unit condominium located at 926 First Street. Memorandum from Planning Director Michael Schubach dated September 11, 1985. Action: To approve Final Map #43848 and adopt Resolution No. 85-4872 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA GRANTING FINAL AP- PROVAL OF TRACT MAP #43848 FOR A FIVE UNIT CONDOMINIUM PROJECT LOCATED AT 926 - 1ST STREET, HERMOSA BEACH, CALIFORNIA." (f) Approval of Final Parcel Map #16293: 2 -unit condominium located 927 Sixth Street. Memorandum from Planning Di- rector Michael Schubach dated September 11, 1985. Action: To approve Final Map #16293 and adopt Resolution No. 85-4873 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA GRANTING FINAL AP- PROVAL OF TRACT MAP #16293 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 927 - 6TH STREET, HERMOSA BEACH, CALIFORNIA." (g) Resolutions to National Lea:ue of Cities Conference of December, 1985. Memorandum from City Manager Gregory T. Meyer dated September 19, 1985. Action: To receive and file. (h) A resolution of the City Council of the City of Hermosa Beach, approving a conditional use permit to allow the sale of beer and wine on property located at 1100 Strand Memorandum from Planning Director Michael Schubach dated September 18, 1985. Action: To adopt Resolution No. 85-4869 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT ON APPEAL FOR THE SALE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT AT 1100 THE STRAND." - 2 - Minutes 9-24-85 (i) A resolution of the City Council of the City of Hermosa Beach establishing an alternative method of drawing war- rants and checks. Memorandum from Finance Administrator Viki Copeland dated September 17, 1985. Action: To approve staff recommendation and adopt Resolution No. 85-4874 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ES- TABLISHING AN ALTERNATIVE METHOD OF DRAWING WARRANTS AND CHECKS." (j) A resolution of the City Council of the Citi of Hermosa Beach, modifying in lieu parking fees. Memorandum from Planning Director Michael Schubach dated September 18, 1985. Action: To set the in -lieu fee at $6,000 rather than $10,000 and adopt Resolution No. 85-4875 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ESTABLISHING FEE IN LIEU OF PROVIDING REQUIRED PARKING SPACES FOR NEW CONSTRUCTION, PURSUANT TO HERMOSA BEACH MUNICIPAL CODE, SECTION 1167 (ORDINANCE NO. 80-643)." Motion Barks, second Brutsch (discussion) AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Final Action: To refer to staff to prepare both an ordinance and a resolution to establish a method for determining how the spaces may be reserved, for fixing the price for the option period, for establishing an es- calation clause attached to construction costs in the South Bay area, and the number of parking spaces to be provided on-site, to be returned to Council on October 24. Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (k) Disposal of Surplus Land - Triangular _parcel southwest corner of 27th Street and Manhattan Avenue. Memorandum from Building and Safety Director William Grove dated September 13, 1985. Proposed Action: To receive and file. Motion Mayor Wood - dies for lack of a second Action: To direct staff to take another look at the sale of this property, approach the prospective buyer tosee if there is any flexibility in his price, and, if not, negotiate the best price without development rights(the ability to construct anything under the Uniform Building Code). Motion Mayor Wood, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None - 3 - Minutes 9-24-85 (1) Letter from Easy Reader requesting the City to provide the man ower and use of the Hermosa Beach Transit bus on Thanksgiving Day for the Second Thanksgiving Dinner and Musical Concert. Action: Authorize manpower and use of,the Hermosa Beach Transit bus on Thanksgiving Day for the Free "Ma Turner" Thanksgiving Dinner and Musical Concert`, :and to appropri- ate up to $300 from Prospective Expenditures. (m) A resolution of the City Council of the City of Hermosa Beach to join with certain other cities' for insurance and risk management j poses. Annual Free "Ma Turner Action: To adopt Resolution No. 85-4876 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO JOIN WITH CERTAIN OTHER CITIES FOR INSURANCE AND RISK MANAGEMENT PURPOSES." (n) Retaining Local Option 1985 Private Activity Bond Alloca- tion. Memorandum from City Manager Gregory T. Meyer dat- ed September 19, 1985. Action: Authorize City Manager to file option election with California Debt Limit Allocation Committee thereby preserving the City's option to utilize up to $965,000 in bonds should the City so wish. 2. ORDINANCES AND RESOLUTIONS (a) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA TRANSFER OF CONTROL BEACH CONSENTING TO AN ASSIGNMENT OR OF THE CABLE TELEVISION SYSTEM (CATV FRANCHI SE. Memo- randum from General Services Director Joan Noon dated September 11, 1985. For waiver of full reading and introduction. Action: To waive full reading and introduce Ordinance No. 85-814 entitled "AN ORDINANCE OF THE CITY.OF HERMOSA BEACH, CALIFORNIA CONSENTING TO AN ASSIGNMENT OR TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE." Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, MODIFYING BUILDING HEIGHT DEVELOPMENT STANDARDS. Memorandum from Planning Director Michael Schubach dated September 18, 1985. For waiver of full reading and introduction. Action: To waive full reading of Ordinance No. 85 - entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF M-i.nni-PG 0 -2a. -9r, 3 - HERMOSA BEACH, CALIFORNIA AMENDING SECTIONS 208, 401, 501, 601, 701, 802, 901, AND 1201 OF THE ZONING ORDINANCE AS THEY PERTAIN TO HEIGHT LIMITATIONS." AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Proposed Action: To introduce Ordinance No. 85 - Motion Mayor Wood, second Brutsch Withdrawn by the maker of the motion with the concurrence of the second. Action: To postpone the vote on this matter and direct staff to bring this matter back at the next City Council meeting with clarification of wording and addressing the number of stories allowed and maximum height. Motion DeBellis, second Mayor Wood AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Proposed Action: To have this matter put in the October issue of the Newsletter and to have the Planning Commis- sion look at treating the downtown differently than Pacific Coast Highway. Motion Barks, second Cioffi (second withdrew his second) - dies for lack of a second Final Action: To ask the Planning Commission to look at whether the City should have a different height standard in the downtown area as opposed to Pacific Coast Highway. Motion Cioffi, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood WRITTEN COMMUNICATIONS FROM THE PUBLIC. Letter from Kathryn Donald Miller, 1235 - 19th Street, with attached petition having 26 signatures re 19th Street between Prospect and Harper re heavy traffic. Action - To direct staff to report back on this matter to be back to Council in 30 days (November 12). Motion Brutsch, second Cioffi AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood 4. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN'UR- GENCY NATURE. None Action: To suspend the agenda at this point and go to agenda item 9.C. (listed in order for clarity) Motion DeBellis, second Mayor Wood AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None - 5 - Minutes 9-24-85 MUNICIPAL MATTERS NONE 5. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. Agenda items (a) DeBellis, (j) Barks and (k) Mayor Wood were discussed at this time but are listed in order on the Consent Calendar for clarity. CONSENT HEARINGS NONE HEARINGS NONE PUBLIC HEARINGS - TO COMMENCE AT 8:30 P.M. 6. SOUTH SCHOOL DEVELOPMENT PROJECT APPROVAL (34 -UNIT DOMINIUM AT 446 MONTEREY BOULEVARD. (Continued from 9/10/85 meeting . Memorandum from City Attorney James P. Lough dated September 19, 1985. Supplemental information - Letter from Frances B. Parker, 521-1/2 Loma Drive; let- ter from Andrew and Leanne Clifton, 525 - 24th Place dat- ed September 13, 1985; and letter from Richard Gonzalez, Asst. Director of Planning, C. W. Cook Company. CON - Mayor Wood declared a conflict of interest as he is the engineer of record, turned the gavel over to Mayor Pro Tem DeBellis and left the dais. The Public Hearing on this matter, being continued from the City Council meeting of September 10, 1985, was reopened. Speaking in favor of granting approval for 34 condo- miniums were: Kurt Downing representing Y & F Construction Co., Inc., 108 North Inez, Suite 200 Monterey Park, builder of this complex. Richard Gonzales, C. W. Cook Company, 465 - 26th Place Edie Webber, 1201 - 11th Street Speaking in opposition were: Parker Herriott, 224 - 24th Street Jan McHugh, 718 - 1st Place The Public Hearing was closed. - 6 - Minutes 9-24-85 Proposed Action: To approve the project limiting the number of units to the absolute minimum allowed by the General Plan. Motion Barks, second Brutsch (discussion) Substitute Motion: To recess to a short Closed Executive Session to discuss this matter. Motion Cioffi, second Mayor Pro Tem DeBellis Vote on Making Substitute Motion the Main Motion AYES - Brutsch, Cioffi, Mayor Pro Tem DeBellis NOES - Barks ABSTAIN - Mayor Wood Vote on Substitute Motion (now Main Motion) AYES - Brutsch, Cioffi, Mayor Pro Tem DeBellis NOES - Barks ABSTAIN - Mayor Wood The City Council of the City of Hermosa Beach temporarily adjour- ned to a Closed Executive Session at 9:55 P.M. The City Council meeting reconvened at 10:00 P.M. Mayor Pro Tem DeBellis advised that there were no decisions made in Closed Session and there was presently no motion on the floor. Proposed Action: To approve this development project at 446 Monterey Boulevard at the lowest density range of the General Plan, which is 25 dwelling units to the acre. Motion Barks - dies for lack of a second. Action: To approve the Conceptual Plan of development for 34 condominiums at 446 Monterey Boulevard. Motion Brutsch, second Cioffi AYES - Brutsch, Cioffi, Mayor Pro Tem DeBellis NOES- Barks ABSTAIN - Mayor Wood Mayor Wood returned to the dais. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned temporarily at the hour of 10:30 P.M. to a meet- ing of the Hermosa Beach Vehicle Parking District. 7. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT. The Regular Meeting of the City Council of the City of Hermosa Beach reconvened at the hour of 10:44 P.M. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None - 7 - Minutes 9-24-85. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Resort from Councilmember Barks re. Loreto Sister Proposed Action: To authorize the official visit to Loreto November 7 - 11, 1985, the elected officials of the City to be the official delegation, to au- thorize a plaque and resolution commemorating our 18th year to be presented to the officials of our Sister City. Motion Barks - dies for lack of a second Action: The City to authorize that the official Sister City visit is November 7 - 11, 1985, that the elected official.sof the City of Hermosa Beach be the official delegation, that the City prepare a plaque commemorating our 18th anniversary and a resolution commemorating same, subject to the approval of the City Attorney. Motion Barks, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood b. Request from.Councilmember Brutsch that Cit seek State funding from Federal Tidelands Oil surplus monies for railroad right-of-way acquisition. Action: To direct the City Manager to contact local legislators and outline the program to help the City of Hermosa Beach obtain this Federal tidelands oil surplus revenue to help purchase the railroad right- of-way. Motion Brutsch, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None c. Memorandum from Councilmember Barks re. Peppertree Apartment tenants concerns. Councilman Barks presented a report on the problems at Peppertree Apartments. Speaking, asking the City Council to intervene and act as a third party arbitrator in the many tenant/ landlord problems, were: Greg Galambos, 1820 Ardmore Diana DdVis, 1820 Ardmore Sandra Yagoda, 1820 Ardmore Maggie Gabriele, 1821 Pacific Coast Highway Marie Armstrong, 1821 Pacific Coast Highway Marty Estrin, 1820 Ardmore - presented a draft rent protection ordinance Jeff Pusarti, 1820 Ardmore - presented a petition - 8 - Minutes 9-24-85 Others speaking were: Jeff Ginsberg, Jr., 27519 Long Hill Drive, Palos Verdes, speaking on behalf of his father,; owner of Peppertree Apartments,, supporting the rent in- creases. Parker Herriott, 224 - 24th Street - opposes rent restrictions and feels the City has no business in the landlord business. Proposed Action: To direct the City Attorney to bring back to the next City Council meeting a rent protection ordinance similar to the draft ordinance presented by Mr. Estrin. Motion Barks - dies for lack of a second Proposed Action: To receive and file the informa- tion presented by Councilman Barks. Motion Mayor Wood - dies for lack of a second Action: The City Council to set up a subcommittee to talk with the tenants and landlord and report back to the City Council, Councilmen Barks and Brutsch to be members of the subcommittee. ' Motion Brutsch, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood A recess was called at 9:00 P.M. The meeting reconvened at 9:10 P.M. Mayor Wood spoke regarding a Public Hearing versus a meeting held in public. Action: The City Council to reaffirm their policy that Council meetings are meetings held in public and not public meetings, that items that are not advertised as public hearings not be heard but rescheduled, and that anyone wishing to speak should only speak at the discretion of the chair or the majority of the Council. Motion Mayor Wood, second Cioffi AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None 10. OTHER MATTERS - CITY COUNCIL a. Truck Load Limits on 27th Street - Barks - Received call from Debra Armani, 316 - 27th Street advising that the Police Department is not enforcing load limits on 27th Street but are ticketing residents. Action: To refer this matter to the Police/Fire Sub- committee. Motion Cioffi, second Brutsch 9 - Minutes 9-24-85 AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None b. Police Department Diplomacy - DeBellis - Asked staff to speak to the Police Chief regarding diplomacy in the Police Department. c. Density in R-11 R-2 and R-3 Zones - Brutsch Action: To send a Resolution of Intention to the Planning Commission to hold Public Hearings to review the number of units allowed in R-1, R-2 and R-3 zones with emphasis on reducing the number that are allowed, to be returned to Council as soon as possible. Motion Brutsch, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood d. League of Cities Conference — Seattle - DeBellis e. Action: To allow Councilman DeBellis, Brutsch and Barks to attend the League of Cities meeting in Seattle December 7 - 11, 1985 in accordance with Ordinance No. 80-654. Motion DeBellis, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis NOES - Mayor Wood Utility Users Tax - DeBellis - Asked staff to report back regarding how this tax applies to mobile home parks. f. Utility User Tax Exemption Forms - Brutsch - Staff advised Councilman Brutsch that exemption forms were available for senior citizens and the disabled in the Finance Department at City Hall. ADJOURNMENT The City Council of the City of Hermosa Beach, California, ad- journed on Tuesday, September 24, 1985 at the hour of 11:15 P.M. in memory of the lives lost in the Mexican earthquake, to a Regu- lar Meeting to be held on Monday, October 14, 1985 at 7:30 P.M., preceded by a Closed Executive Session at 6:30 P.M. - 10 - Minutes 9-24-85 ACTION SHEET ACTION SHEET "Every man takes the limits of his own field of vision for the limits of the world." -Arthur Schopenhauer AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Monday, October 14, 1985 - Council Chambers, City Hall'. Closed Session - 6:30 p.m. Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. Any complaints against the City Council, City Management, or departmental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION: California Safe Schools Week, October 6-12, 1985 California Delinquency Prevention Week, October 27 - November 2, 1985 1. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority con- sent of the City Council. There will be no separate dis- cussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) A2prov2l of Minutes: Regular meeting of the City Council held on September 10, 1985. Recommended Action: To approve minutes. TO RECONSIDER ITEMS 1 2 AND 3 OF CLOSED SESSION 9/10 CHANGING BARKS VOTE TO YES. MOTION WO/BA TO OK ITEMS 1,2,3• ..2-1. DEB - NO, CIO -ABSTAIN). (b) Approval of Minutes: Regular meeting of the City Council held on September 24, 1985. Recommended Action: To approve minutes. 1 (c) Demands and Warrants: Recommended Action: Nos. September 24, 1985. To approve Demands and Warrants through (d) Tentative Future Apenda Items. inclusive. Recommended Action: To receive and file. (e) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated October 5, 1985. Recommended Action: To receive and file. (f) A•.roval of Final. Parcel Ma• #16380: 2 -unit condominium at .29 - 11th Street. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Recommended Action: To approve Final Map #16380. Monthly Investment Report: September, 1985. Recommended Action: To receive and file. Claim for Damages: Frank B. Garcia, 4136 W. 160th Street, Lawndale, 90260, filed August 23, 1985. Recommended Action: To deny claim per recommendation of City's insurance adjuster R. L. Kautz & Company. (i) Claim_f_or Damages: Jin Hwan Shen, 1655 Talmadge Avenue, Los Angeles, 90027, represented by Karen & Edell, 8665 Wilshire Blvd., Penthouse, Beverly Hills 90211, filed August 29, 1985. Recommended Action: To deny claim per recommendatidn of City's insurance adjuster R. L. Kautz & Company. City Treasurer's Report: July, 1985 Recommended Action: To receive Revenue Report: July, 1985 Recommended Action: (1) Expenditure Report: Recommended Action: To receive July, 1985 To receive and file. and file. and file. (m) Award of contract - Sanitar Sewer Desi:n for CIP 85.-401 $51 02, and 5- 03. Memorandum from Public Works Direc- tor Anthony Antich dated September 30, 1985. Recommended Action: To award contract to ASL Consulting Engineers and authorize Mayor to sign agreement. (n) Transfer of Funds, 1984-85 City Budget. Memorandum from Finance Administrator Viki Copeland dated October 9, 1985.. Recommended Action: To approve transfer of funds. (o) Award of contract for reliminar ark desi n services for CIP 85-502. Memorandum from Public Works Director Anthony Antich dated September 30, 1985. (p) Recommended Action: To award contract to Berryman & Stephenson Consultants, Inc. and authorize Mayor to sign agreement. Award of contract for architectural services - Public restroom refurbishin: for CIP 85-501 and 85-503. Memo- randum from Public Works Director Anthony Antich dated September 24, 1985. Recommended Action: To award contract to Martin Sapetto and Associates and authorize Mayor to sign agreement. (q) Request for amendment of contract from Transit Contrac- tors. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Recommended Action: To deny requested contract amendment. (r) Re•uest for Closed Session 10/22/85. Memorandum from T. Meyer dated October 7, 1985. City Manager Gregory Recommended Action: To calendar a closed session for October 22, 1985 at 6:30 p.m. (s) Authorization to pay claim -.Farmers Insurance Group/ Angela Chink King). Memorandum from City Clerk Kathleen Reviczky dated September 30, 1985. Recommended Action: To authorize R. L. Kautz & Co. to pay the subrogation claim and to direct the Director of Finance to draw a demand directly upon the self-insurance fund for the payment of such sum. WOOD - NO (t) Revising agreement with South Bay Datsun to purchase Police vehicles. Memorandum from Police Chief Frank!Bee- son dated October 3, 1985. Recommended Action: To approve Agreement amendment. WOOD - NO (u) A_p�roval of Lease Agreement between the City and Project Touch for office space at the Community Center. Memoran- dum from Community Resources Director Alana Mastrian;dat- ed October 3, 1985. Recommended Action: To authorize Mayor to sign lease agreement. (v) Amendment to the 1985-86 CIP Bud et. Memorandum from Assistant City Manager Alana Mastrian dated October 3, 1985. Recommended Action: To approve amendment to the 1985-86 CIP budget. (w) Award of contract for sanitary sewer construction and ins•ection within Target Area I for CIP 85-403. Memoran- dum from Public Works Director Anthony Antich dated Oc- tober 8, 1985. Recommended Action: To approve staff recommendation. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 85-814 - AN ORDINANCE OF THE CITY OF HERMO- SA BEACH, CALIFORNIA, CONSENTING TO AN ASSIGNMENT OR'. TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE. For waiver of further reading and adoption. MOTION WO/DEB ADOPT ORDINANCE 85-814. OK 4-0. (b) RESOLUTION DECLARING INTENT TO CIRCULATE RFP FOR OIL' OPERATOR. Memorandum from City Attorney James P. Lough dated October 2, 1985. MOTION BA/WO TO INSTRUCT CITY ATTY. TO CHANGE RESOLUTION TO INDI- CATE A PERCENTAGE OF 11-2/3 TO STATE AND 5 TO CITY. OK -01 (c) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DELETING STORY LIMITATIONS AND ESTABLISHING SET- BACK REQUIREMENTS IN COMMERCIAL ZONES. For waiver of full reading and introduction. Memorandum from Planning Director Michael Schubach dated October 2, 1985. MOTION WO/DEB TO INTRODUCE ORDINANCE. OK 4-0 (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, SEEKING REIMBURSEMENT FROM THE CALIFORNIA COASTAL COMMISSION FOR PLANNING ASSISTANCE SERVICES PERFORMED BY THE CITY. Memorandum from Planning Director Michael Schubach dated October 9, 1985. MOTION WO/DEB TO ADOPT RESOLUTION. OK 4-0. 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC. LETTER FROM ETTA SIMPSON RE. VALLEY MIDDLE SCHOOL. ITEM TO BE BACK ON 10/22 AGENDA FOR REPORT FROM PLANNING DIRECTOR. 4. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN UR- GENCY NATURE. HAL SPEARS (FORMERLY OF 50 - 10TH ST.) SUBMITTED RESIGNATION FROM CIVIL SERVICE COMMISSION. WOOD ASKED THAT HE STAY IN CONTACT IN ORDER TO RECEIVE APPROPRIATE RECOGNITION. MUNICIPAL MATTERS NONE 6. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. CONSENT HEARINGS 7. REQUEST FROM HERMOSA BEACH CHAMBER OF COMMERCE FOR APPROVAL IN CONCEPT OF A TWO-DAY MUSIC EXPO OCTOBER '86. Memorandum from City Manager Gregory T. Meyer dated Oc- tober 7, 1985. WO/CIO - GRANT GENERAL APPROVAL IN CONCEPT AND TAKE BEFORE COM- A MEMBER OF ANY BODY APPROVING MUNITY RESOURCES BOARD. GTM TO BE GROUPS. STAFF TO PROVIDE ANSWER WITHIN THIRTY. DAYS REGARDING LEGALITY OF FENCING THE: BEACH. OK -0. HEARINGS 8. PROPOSED EMERGENCY ORDINANCE REINSTATING A MORATORIUM ON THE CONSTRUCTION OF CONDOMINIUMS, STOCK COOPERATIVES AND COMMUNITY APARTMENTS WITHIN THE R-1 ZONE. Memorandum from Planning Director Michael Schubach dated October 9, 1985; also memorandum from Councilmember Gary Brutsch dated October 7, 1985 requesting consideration of moratorium on condominium development in the 2-2 and R-3 zones. MOTION BY WOOD TO CONTINUE TO NEXT MEETING FOR FULL COUNCIL. OK -0. 9. ADDITIONAL INFORMATION AS REQUESTED ON 10TH STREET AND HERMOSA AVENUE SIGNAL. Memorandum from Public Works Di- rector Anthony Antich dated October 3, 1985. MOTION WO/CIO — APPROVE STAFF RECOMMENDATION AND LEAVE INTERSEC- TION AS IS. OK -0. PUBLIC HEARINGS - TO COMMENCE AT 8:30 P.M. NONE 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Report from Councilmember Gary Brutsch re. SCRTD bus route eliminations. CONTINUE TO 10/22 FOR BRUTSCH ATTENDANCE. b. Report from Councilmembers George Barks and Gary Brutsch re. Peppertree Apartment rents. MOTION BA/CIO STAFF TO WRITE A LETTER TO THE GREATER L.A. APART- MENT OWNERS ASSOCIATION. OK 3-1 WO -NO . 12. OTHER MATTERS - CITY COUNCIL DEBELLIS —ASKED ABOUT: STILL NO SIGNS ON 27TH STREET? SHUTTLE BUS? BOATYARD? (RESPONDED TO BY C.M.) BUS FARE SUBSIDY? MOTION BY DEB/CIO TO AUTHORIZE ATTENDANCE BY CITY COUNCIL CITY TY ATTORNEY AT TEAM BUILDING RETREAT AFTER NEW FALLEN LEAF IN MAY 1986 BY LEAGUE OF CALIFORNIA CITIES. OK 3-1 WO -NO, BUT WILL ATTEND IF ALL DO . CIO/WO - COUNCIL SEND LETTER TO SHERIFF BLOCK REQUESTING A REPORT SPECIAL TASK FORCE AS TO WHAT THEY HAVE BEEN DOING AND . OK 4-0. ON THE WHAT THEY HAVE FOUND CHILD ABUSE CASE CIOFFI - DIAL -A -RIDE PROGRAM; WHAT HAS BEEN DONE ABOUT CHILDREN BEING ABLE TO GET A MONTHLY PASS? HAS NOT GONE BEFORE A SUBCOM- MITTEE AS YET. BARKS - REMINDER ABOUT VOLLEYBALL TOURNAMENT OCTOBER 19. SISTER CITY ASSOCIATION HAVING A RAFFLE AND DRAWING THIS SUNDAY AT CHUCK AND MISSY SHELDON°S HOME, 1800 STRAND. SISTER CITY VISIT DATES CHANGED TO NOV. 8 - NOV. 12. WOOD - ANNOUNCED ACTIONS OF 9/24 CLOSED SESSION: VOTED NOT TO ACCEPT LATE CLAIM OF WALKER. ACTIONS OF 10/14 CLOSED SESSION: RENEWED ARRANGEMENT WITH CITY ATTORNEY ON INDEFINITE BASIS WITH RIGHT OF CANCELLATION BY EITHER PARTY 30 DAYS NOTICE. ASKED ABOUT TREE REPLACEMENT ON PIER AVENUE. ADJOURNMENT AT 10:25 P.M. 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, October 14, 1985 at the hour of 7:45 P.M. CLOSED SESSION - 6:30 P.M. ROLL CALL FOR CLOSED SESSION Present — Barks, Cioffi, DeBellis, Mayor Wood (arrived 7:10 P.M.) Absent - Brutsch (excused absence) PLEDGE OF ALLEGIANCE - Councilman Anthony DeBellis ROLL CALL Present - Barks, Cioffi, :DeBellis, Mayor Wood Absent - Brutsch (excused absence) PROCLAMATION: California Safe Schools Week, October 20-26, 1985 California Delinquency Prevention Week, October 27 - November 2, 1985 White Cane Safety Day, October 15, 1985 - accepted by Mark Strickland ACTIONS FROM CLOSED SESSIONS 9-24-85 - Not to accept claim of Walker 10-14-85 - To renew the agreement with Ochoa & Sillas, James P. Lough, as City Attorney, to serve at the pleasure of the Council with right to 30 -day cancellation by either party. 1. CONSENT CALENDAR Action: To approve the Consent Calendar, items (a) through (w) with the exception of the following items which were pulled for further discussion: (a) Mayor Wood and noting "NO" votes by Mayor Wood on (s) and (t). Motion Barks, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES None ABSENT - Brutsch (a) Approval of Minutes: Regular meeting of the City Council held on September 10, 1985. Action: To reconsider the four Actions from Closed Ses- sion of 9-10-85. Motion Barks, second Cioffi - 1 - Minutes 10-14-85 AYES - Barks, Mayor Wood NOES - DeBellis ABSTAIN Cioffi (absent from 9-10-85 meeting) ABSENT - Brutsch Final Action: To approve Actions 1 thru 4 from Closed Session of 9-10-85. Motion Mayor Wood, second Barks AYES - Barks, Mayor Wood NOES - DeBellis ABSTAIN - Cioffi (absent from 9-10-85 meeting) ABSENT - Brutsch (b) Approval of Minutes: Regular meeting of the City Council held on September 24, 1985. (c) Action: To approve minutes. Demands and Warrants: September 24, 1985. Action: To approve Demands and Warrants Nos. 18344 through 18356 and 18358 through 18488 inclusive noting voided warrants 18359, 18360, 18409 and 18480. Tentative Future Agenda Items. Action: To receive and file. City Manager. Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated October 5, 1985. Action: To receive and file. (f) Approval of Final Parcel Map #16380: 2 -unit condominium at 629 - 11th Street. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Action: To approve Final Map #16380 for a two -unit con- dominium at 629 - 11th Street and adopt Resolution No. 85-4877 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF TRACT MAP #16380 FOR A TWO UNIT CONDOMINIUM PROJECT LO- CATED AT 629 - 11TH STREET, HERMOSA BEACH, CALIFORNIA." Monthly Investment Report: September, 1985. Action: To receive and file. Claim for Damage: Frank B. Garcia, 4136 W. 160th Street, Lawndale, 90260, filed August 23, 1985. Action: To deny claim per recommendation of City's in- surance adjuster R. L. Kautz & Company. - 2 - Minutes 10-14-85 (i) Claim _el for _ Damages: Jin Hwan Shen, 1655 Talmadge Avenue, s Ang Loes, 90027, represented by Karen & Edell, 8665 Wilshire Blvd., Penthouse, Beverly Hills 90211, filed August 29, 1985. Action: To deny claim per recommendation of City's in- surance adjuster R. L. Kautz & Company. (j) City Treasurer's Report: July, 1985 Action: To receive and file. (k) Revenue Report: July, 1985 Action: To receive and file. (1) Expenditure Report: July, 1985 Action: To receive and file. (m) Award of contract - Sanitar Sewer Desi:n for CIP 85-401 85- 02, and :5-403. Memorandum from Public Works Direc- tor Anthony Antich dated September 30, 1985. Action: To award contract to ASL Consulting Engineers and authorize Mayor to sign agreement with ASL Consulting Engineers for the provision of sanitary sewer design at a cost not to exceed $12,500. (n) Transfer of Funds 1984-85 Cit Budget. Memorandum from Finance Administrator Viki Copeland dated October 9, 1985. Action: To approve transfer of $50,000 from the Debt Service Fund to the General Fund to offset a deficit sus- tained in the fiscal year 1984-1985. (o) Award of contract for preliminar�r park design services for CIP 85-502. Memorandum from Public Works Director Anthony Antich dated September 30, 1985. Action: To award contract to Berryman & Stephenson Con- sultants, Inc. and authorize Mayor to sign agreement with BSI Consultants, Inc. for the provision of preliminary park design services for Prospect Park Development at a cost not to exceed $12,908. (p) Award of contract for architectural services - Public restroom refurbishing for CIP 85-501 and 85-503. Memo- randum from Public Works Director Anthony Antich dated September 24, 1985. Action: To award contract to Martin Sapetto and Associ- ates and authorize Mayor to sign an agreement with Martin Sapetto and Associates for the provision of architectural design services at a cost not to exceed $5,580. - 3 - Minutes 10-14-85 (q) Request for amendment of contract from Transit Contrac- tors. Memorandum from Planning Director Michael Schubach dated October 3, 1985. Action: To deny requested contract amendment requested by Transit Contractors to amend the contract to reflect increased insurance cost. (r) Request for Closed Session 10/22/85. Memorandum from City Manager Gregory T. Meyer dated October 7, 1985. Action: To calendar a closed session for October 22, 1985 at 6:30 p.m. (s) Authorization to .a claim - Farmers Insurance Grou•/ Angela Ching King . Memorandum from City Clerk Kathleen Reviczky dated September 30, 1985. Action: To authorize R. L. Kautz & Co. to pay the sub- rogation claim and to direct the Director of Finance to draw a demand directly upon the self-insurance fund for the payment of such sum. (Mayor Wood (NO) (t) Revisin a reement with South Ba Datsun to urchase Police vehicles. Memorandum from Police Chief Frank Bee- son dated October 3, 1985. Action: To approve Agreement amendment due to bank er- ror. (Mayor Wood NO) (u) A royal of Lease A reement between the Cit and Pro"ect Touch for o_ffic_e space at the Community Center. Memoran- dum from Community Resources Director Alana Mastrian dat- ed October 3, 1985. Action: To authorize Mayor to sign lease agreement between the City and Project Touch for a 13 -month period beginning November 1, 1985 and extending through December 31, 1986 at $320.00 per month. (v). Amendment to the 1985-86 CIP Bud et. Memorandum from Assistant City Manager Alana Mastrian dated October 3, 1985. Action: To approve amendment to the 1985-86 CIP budget to reflect a revenue and expenditure figure of $45,778 each. (w) Award of contract for sanitar sewer construction and inspection within Target Area I for CIP 85-403. Memoran- dum from Public Works Director Anthony Antich dated Oc- tober 8, 1985. 4 fi Minutes 10-14-85 r Action: To approve staff recommendation as follows: 1. Award and authorize the Mayor to sign an agreement with W.R.G. Company, Inc. for the provision of In- spection Services for Sanitary Sewers -Target Area I at a cost not to exceed $13,500. 2. Award and authorize the Mayor to sign an agreement with J & J Sewer Company for the provision of sani- tary sewer construction at a cost of $160,000. 3• Appropriate $42,540 from the Sewer Fund to the CIP- 404 budget to cover costs of construction and inspection. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 85-814 - AN ORDINANCE OF THE CITY OF HERMO- SA BEACH, CALIFORNIA, CONSENTING TO AN ASSIGNMENT OR TRANSFER OF CONTROL OF THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE. For waiver of further reading and adoption. Action: To waive further reading and adopt Ordinance No. 85-814. Motion Mayor Wood, second Barks AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch Item 2.b. was pulled by Mayor Wood to be discussed under item 6, Consent Calendar Items Removed for Separate Discussion, but is listed in order for clarity. (b) RESOLUTION DECLARING INTENT TO CIRCULATE RFP FOR OIL OPERATOR. Memorandum from City Attorney James P. Lough dated October 2, 1985. Don McPherson, President of McPherson Oil, 4676 Admiralty Way, Marina Del Rey, addressed the City Council regarding the amount of revenues to be paid to the City pursuant to the Oil and Gas lease. Action: To direct the City Attorney to pursue StateLands Commission approval to seek an RFP to drill oil, the com- pensation from the driller to be 16-2/3%, 5% to the City for the drill site and 11-2/3% for the State Lands Com- mission, as an initial bargaining position, Council being willing to go to the point of denial over this. Also to adopt Resolution No. 85-4878 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFOR- NIA, DECLARING ITS INTENT TO CIRCULATE A RFP FOR AN OIL OPERATOR TO DRILL AT THE CITY MAINTENANCE YARD SITE." Motion Barks, second Mayor Wood AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch - 5 - Minutes 10-14-85 (c) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DELETING STORY LIMITATIONS AND ESTABLISHING SET- BACK REQUIREMENTS IN COMMERCIAL ZONES. For waiver of full reading and introduction. Memorandum from Planning Director Michael Schubach dated October 2, 1985. Action: To waive full reading of Ordinance No. 85-815 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 208, 401,(a), 501(a), 701, 802, 804, AND 901 OF THE ZONING ORDINANCE AS THEY PERTAIN TO HEIGHT LIMITATIONS AND SIDE AND REAR YARD SETBACKS, AND ADDING SECTION 807 PERTAINING TO LANDSCAPING." Motion Mayor Wood, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch Final Action: To introduce Ordinance No. 85-815. Motion Mayor Wood, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH SEEKING REIMBURSEMENT FROM THE CALIFORNIA COASTAL COMMISSION FOR PLANNING ASSISTANCE SE THE CITY. Memorandum from Planning Director Michael Schubach dated October 9, 1985. Action: To adopt Resolution No. 85-4879 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SEEKING REIMBURSEMENT FROM THE CAL- IFORNIA COASTAL COMMISSION FOR PLANNING ASSISTANCE SER- VICE PERFORMED BY THE CITY." Motion Mayor Wood, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch RVICES PERFORMED BY 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC. Letter from Etta Simpson, 651 - 25th Street, dated 10-12- 85 re School District Coastal Permit. Supplemental in- formation - memo from City Manager Gregory T. Meyer to City Attorney James P. Lough dated 10-9-85. To be agendized for the 10-22-85 City Council meeting. 4. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN UR- GENCY NATURE. Harold Spear, formerly of 50 - 10th Street spoke on the following: 6 Minutes 10-14-85 1,i Traffic light at 10th Street - City needs to guard against all accidents. 2. Tendered his resignation from the Civil Service Com- mission effective October 14+, 1985. Action: To accept with regret the resignation of Harold Spear from the Civil Service Commission, attempt to stay in contact with Mr. Spear, and direct staff to provide an appropriate plaque to be presented to Mr. Spear at the earliest possible time. Motion Mayor Wood, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch MUNICIPAL MATTERS NONE 6. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. Consent Calendar item (a) was discussed at this time but is listed on the Consent Calendar for clarity. Item 2.b. was discussed at this time but is listed in order for clarity. CONSENT HEARINGS 7. REQUEST FROM HERMOSA BEACH CHAMBER OF COMMERCE FOR APPROVAL IN CONCEPT OF A TWO-DAY MUSIC EXPO OCTOBER '86. Memorandum from City Manager Gregory T. Meyer dated Oc- tober 7, 1985. Presenting the Hermosa Beach Chamber of Commerce request was Chamber of Commerce Executive Vice President Bill Fowler. Enhancing the request was Lance Wade of Creative Concepts. The Consent Hearing was opened. Coming forward to speak were: Darrell Greenwald, 32 - 10th Street, requesting citizen involvement Mike Martell, 17 - 7th Street, Chairperson for the Community Resources Commission, urging approval The Consent Hearing was closed. Action: To approve in concept the Chamber of Commerce's proposed Music Expo '86, to take this matter before the Community Resources Board, the Chamber to give the Coun- cil a periodic report on progress, and the City Manager to act as one of the approving body of the Chamber of Commerce on the selection of the musicians to perform. - 7 - Minutes 10-14-85 Motion Mayor Wood, second Cioffi AYES Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch Action: To suspend the agenda and go to item 9. Motion DeBellis, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch HEARINGS 8. PROPOSED EMERGENCY ORDINANCE REINSTATING A MORATORIUM ON THE CONSTRUCTION OF CONDOMINIUMS STOCK COOPERATIVES AND COMMUNITY APARTMENTS WITHIN THE R-1 ZONE. Memorandum from Planning Director Michael Schubach dated October 9, 1985; also memorandum from Councilmember Gary Brutsch dated October 7, 1985 requesting consideration of moratorium on condominium development in the R-2 and R-3 zones. The hearing was opened. No one came forward to speak. Action: To continue this Hearing open to the next City Council meeting, October 22, 1985. Motion Mayor Wood, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch. 9. ADDITIONAL INFORMATION AS REQUESTED ON 10TH STREET AND HERMOSA AVENUE SIGNAL. Memorandum from Public Works Di- rector Anthony Antich dated October 3, 1985. Director of Public Works, Anthony Antich, presented the staff report and questions were answered by Ed Ruzak, BSI Consultants, Inc. The Hearing was opened. Coming forward to speak was: Darrell Greenwald, 32 - 10th Street The Hearing was closed. Action: To approve the staff recomendation that Council not consider installing a traffic signal at the inter- section of 10th Street. Motion Mayor Wood, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch 8 Minutes 10-14-85 PUBLIC HE4AINGS - TO COMMENCE AT 8:30 P.M. None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Report from Councilmember Gary Brutsch re. SCRTD bus route eliminations. Staff was directed to agendize this matter for the City Council meeting of October 22, 1985. b. Report from Councilmembers George Barks and Gary Brutsch re. Peppertree Apartment rents. Memo- randum from Councilman Gary L. Brutsch dated October 7, 1985. An oral report was presented by Councilman Barks. Action: To write a letter to the Greater Los Angeles Apartment Owner's Association regarding this matter. Motion Barks, second Cioffi AYES - Barks, Cioffi, DeBellis NOES - Mayor Wood ABSENT - Brutsch 12. OTHER MATTERS - CITY COUNCIL DeBellis - 27th Street Signs, Trolley, and Boatyard asked for status. DeBellis - RTD Bus Fare Program - RTD did not accept pro- gram as presented - City staff to handle and be back with a report. DeBellis - Utility User's Tax Exemption - Payee will be reimbursed by City if tax is paid before exemption is claimed and verified. DeBellis - League of California Cities Retreat Action: To authorize the City Council, City Attorney and City Manager to attend the team building retreat spon- sored by the League of California Cities to be held in May at Fallen Leaf. Motion DeBellis, second Cioffi AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch - 9 - Minutes 10-14-85 Cioffi - Child Abuse Task Force Action: To direct staff to send a letter to'Sheriff Block requesting a report back on the Special Child Abuse Task Force which is being fazed out. Motion-Cioffi, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - None ABSENT - Brutsch Cioffi - Dial -A -Ride Monthly Passes for Students - What is response - has not come before subcommittee yet. Barks - Volleyball Challenge Match with Redondo Beach - reminded all re match to be held at 11:00 A.M. on Saturday, October 19, Seaside Lagoon, Redondo Beach. Barks - Sister City Association - Raffle Drawing & Auction - To be held on Sunday, October 20, 2:00 P.M. at 1800 Strand and the public is invited. Official Visit to Loreto - Change in schedule to leave Friday, November 8 and return Tuesday, November 12. Wood - Trees Downtown - Trees that were removed will be replaced. Wood - Death of Councilman Brutsch's Grandmother - Mayor Wood advised those present of the death of Councilman Brutsch's Grandmother, Cephorina Ortega Richardson, who is a California native. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned at the hour of 10:25 P.M. on Tues- day, October 14 in memory of Cephorina Ortega Richardson, to a Regular Meeting to be held on Tuesday, October 22, 1985 at the hour of 7:30 P.M., preceded by a Closed Executive Session at 6:30 P.M. - 10 - Deputy City Clerk Minutes 10-14-85