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HomeMy WebLinkAbout01/08/85nce is not a long race; it is rn fter other." AGENDA -Walter Elliott REGULAR MEETING HERMOSA BEACH CITY COUNCIL. Tuesday, January 8, 1.98'"- 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. It is requested that anyone who wishes to speak on any scheduled public hearing matter, please fill out a card (located in foyer) and deposit in the box adjacent to the podium. 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 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 TT held on December 13, 1984. Recommended Action: To approve minutes. (b) Approval of Minutes: Special meeting of the City Council held on December 18, 1984. Recommended Action: To approve minutes (c) Demands and Warrants: January 8, 1984 Recommended Action: To approve Demands and Warrants Nos. through inclusive. • (d) City Treasurer's Report: November, 1984. Recommended Action: To receive and file. (e) Cancellation of Warrant. Recommended Action: To approve cancellation'of Warrant No. 014486. (f) Proposed 1985-86 State Legislative Program. Recommended Action: To receive and file. (g) Final Report on 1984 Surplus Property Sale. Recommended Action: To receive and file. (h) Request for thirty -day extension of seasonal employee. Memorandum from Fire Chief Ron Simmons dated December 19, 1984. Recommended Action: To approve staff recommendation. (i) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated January 2, 1985 Recommended Action: To receive and file. (j) Tentative Future Agenda Items. Recommended Action:. To receive and file. (k) Revenue Reporting: July - November, 1984 Recommended Action: To receive and file.. (1) Expenditure Reporting: July - November, 1984. Recommended Action: To receive and file. (m) Acceptance of Work - Strand Improvement Project - Eighth Street to Fifteenth Street.' Memorandum from Public Works Director Anthony Antich dated Recommended Action: To approve staff recommendation. (n) General Services Dept. Activity Report: December, 1984. Recommended Action: To receive and file. (o) Building & Safety Dept. Activity Report: December, 1984. Recommended -Action: To receive and file. (p) Planning Dept. Activity Report: December, 1984. Recommended Action: To receive and file. (q) Community Resources Dept. Activity Report: December, 1984 Recommended Action: To receive and file. Cr) Public Works Dept. Activity Report: December, 1984. Recommended Action: To receive and file. (s) Police Dept. Activity Report: December, 1984. Recommended Action: To receive and file. (t) Fire Dept. Activity Report: December, 1984 Recommended Action: To receive and file. (u) Police Department Deployment Policy. Memorandum from Police Chief Frank Beeson dated November 8, 1984. Recommended Action: To receive and -file. (v) Annual Equal Opportunity Employment Statistics. Recommended Action: To receive and file. (w) Claim for Damages: Robert L. Browning, 1831 Grant Ave., Redondo Beach, filed December 13, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (x) Claim for Damages: Michael Molnar, 2408 Curtis Avenue, Redondo Beach, filed December 13, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (y) Current Record of Inactive Public Deposits. Memorandum `1v from City Treasurer Norma Goldbach, dated January 2, 1985 "1 Recommended Action: To receive and file. (z) (aa) Status Report re. Hermosa Beach/Manhattan Beach ESEA Shuttle. Memorandum from Planning Director Schubach, dated January 2, 1985. Recommended Action: To receive and file. Denial of Deadline Extension for a New CDBG Cooperation Agreement. Memorandum from City Manager Gregory T. Meyer dated December 31, 1984• Recommended Action: (bb) Resolution of In Recommended ion: To adopt res on of intention. (cc) Resolution amending Resolution No. 84-4777 Canvass of Vote December.11, 1984 Special Municipal Election, change due to recount conducted December 27, 1984. Memorandum from City Clerk Kathy Reviczky, dated December 31, 1984. Recommended Action: To adopt amended resolution. (dd) AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING OR- DINANCE NO. 84-755 RELATING TO ESTABLISHMENT OF A PARKING FUND. Memorandum from Finance Administrator Viki Cope- land dated December 27, 1984. Recommended Action: To waive full. reading and introduce. (ee) AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAP- TER 19, SECTION 19-61.1 OF THE HERMOSA BEACH MUNICIPAL CODE TO COMPLY WITH ASSEMBLY BILL 3992. Memorandum from General Services Director Joan Noon dated December 13, 1984. Recommended Action: To waive full reading and introduce. -(ff) ORDINANCE NO. 84-482 - AN ORDINANCE OF THE CITY OF HERMO- SA BEACH, .CALIFORNIA, AMENDING SECTIONS 401, 501, AND 551 OF THE ZONING CODE AS THEY PERTAIN TO SIDE YARD SETBACKS TO DELINEATE A MAXIMUM REQUIRED SIDE YARD SETBACK OF 5 FEET FOR R-1 AND R-2 DEVELOPMENTS. Recommended Action: To waive further reading and adopt. (gg) Planning Update of Pertinent State and Federal Legisla- tion. Memorandum from Planning Assistant Kim E. Reardon dated December 28, 1984. Recommended Action: To receive and file. Revised Class Specjfication for Police Sergeant. Recommended Action: To approve revised class specification. To receive and file. n re. amending the1n ordinance. (hh) 2. WRITTEN COMMUtNICATIONS FROM THE PUBLIC. a. Letter from Roger D. Creighton, 1101 _ 2nd St. re concerns because of City expenditures seeking recovery of legal fees from City insurance carrier, dated December 5, 1984. Recommended Action: To refer this matter to the City Attorney for a written response. b. Letter from Robert P. Bryson, 1221-1/4 Corona, dated November 14, 1984 re. rubbish collection contract. • PUBLIC HEARINGS 3. APPEAL FROM DENIAL BY THE BOARD OF ZONING ADJUSTMENTS OF A SIGN VARIANCE ON PROPERTY LOCATED AT 1112 HERMOSA AVENUE (BRAVO GELATO). Fahed Dandah, Appellant. Memo- randum from Building and Safety Director William Grove dated December 24, 1984. 4. PROPOSED PROPERTY MAINTENANCE ORDINANCE AMENDMENT. Memo- randum from Building and Safety Director William Grove dated December 26, 1984. MUNICIPAL MATTERS 5. PROPOSAL TO REPEAL ORDINANCE 84-751 (BILTMORE SITE SPECIFIC PLAN.) Report from Mayor George Barks dated January 2, 1985. 6. COMMUNITY INPUT TO RESOLVE DISPOSITION OF BILTMORE SITE. Memorandum from Mayor George Barks dated January 2, 1985. 7. REQUEST BY MAYOR BARKS FOR CITY COUNCIL DISCUSSION OF ALPHA BETA REQUEST FOR 90 DAY TEMPORARY ELIMINATION OF TWO HOUR RESTRICTED PARKING AT GREENWOOD PARK DUE TO STORE REMODELLING. Letter from City Manager Meyer dated December 18, 1984. 8. STATUS REPORT RE. APPLETREE CONDO CONVERSION. 9. A RESOLUTION OF THE CITY COUNCIL DECLARING AN AMNESTY PERIOD FOR THE PAYMENT OF DELINQUENT PARKING CITATIONS DURING THE FIRST TWO WEEKS OF MARCH. Memorandum from General Services Director Joan?r Noon dated . Dece ber 24, 1984. Com' CO ' "-e- / 10. ANNUAL INVESTMENT POLICY. Memorandum from City Treasurer Norma Goldbach dated January 3, 1985. r, 11. RECOMMENDATION ADOPT AN ORDINANCE TO REG WE SECURITY ALARM SYSTEM v ‘� ORDINANCE ADDING ARTIC � -TO CHAPTER 17 OF THE .•.i' �*SA BEACH MUNICIPAL CODE ��4� ABLISHING SEC- TION 17 'ELATING 'ELATING TO SECURITY ALAFy TEMS. Memorandum from Pol ce Chief Frank Beeson, date December 27, 1984. 12. CONSENT CALENDAR ITEMS REMOVEp FOR SEPARATE DISCUSSION 13. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION. a. Approval of minutes of December 18, 1984 meeting b. Further Cons' 1kation of 35 Budget c. Approv �►rCall fori.?, Operational Services Pang lots A, Bend C. d. Clarification of VPD Administrator remuneration. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. Request for Closed Session, January 22, 1985 b. Informational report re. County Sanitation Dis- trict proposal to implement a sewer use fee ef- fective July, 1985. Memorandum from Public Works Director Antich dated January 3, 1985. c. Financial status report for referral to mid-yar budget meeting of February 20, 1985. Memorandum from City Manager Meyer dated December 19, 1985. d. Revenue and Expenditure Reports for June, 1984 with recommendation to transfer monies among funds. Memorandum from Finance Administrator Viki Copeland dated January 4, 1985. e. N.ew California Lottery - City could be Agent. Memorandum from Gregory T. Meyer dated December 26, 1984, 15. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. League of California Cities Dues Increase - 1985. Memorandum from City Manager Gregory T.' Meyer dated December 24, 1984 b. Railroad right-of-way Subcommittee, Report c. Request from Councilmember Gary Brutsch for officially excused absence on January 22, 1985 and authorization to represent City in Washing- ton, D.C. 16. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE 17. OTHER MATTERS - CITY COUNCIL ADJOURNMENT MINUTES OF THE REGULAR MEETING of the City Council of ,the City -of Hermosa Beach held on Thursday,, December 13, 1934 at the hour of 7:30 P.M. in the Council Chambers. CLOSED SESSION - 6:00 P.N. Present: Brutsch. Cioffi, DeBellis, Wood, Mayor Barks Absent: None PLEDGE OF ALLEGIANCE - Harold Spear ROLL CALL Present: Brutsch, Cioffi, DeBellis, Wood, Mayor Barks Absent: None PROCLAMATION: Bill of Rights Week, December 9 - 15, 198! PRESENTATION TO CITY OF CERTIFICATE OF APPRECIATION FROM SOCIAL VOCATIONAL SERVICES by Ms. Kathy Roberts. 1. CONSENT CALENDAR Action: To approve the consent calendar items (a) through (dd) with the exception of the following items which were pulled for separate discussion but are listed in order for clarity: (c) Cioffi and (f) Wood. Item (t) was continued to the meeting of January 8, items (x) and (y) were removed to be voted on after the vote on the.consent cal- endar, item (z) was removed completely. Councilman Brutsch and Mayor Barks abstained from voting on (a) and (dd), Mayor Barks abstained on (aa) and Councilman Cioffi issued a "NO" on item (dd). Motion Mayor Barks, second DeBellis. So ordered. (a) Approval of Minutes: Regular meeting of the City Council held on November 27, 1984. Action: To approve minutes. (b) Demands & Warrants: December 13, 1984. Action: To approve Demands & Warrants No. 15650 through 15656 and 15653 through 15768 inclusive noting voided warrants 15661, 15695 and 15698. (c) Claim for Damages: .Charles Elliott, Jr., 5235 Lorna St., Apt. F, Torrance, 90503, represented by William K. LaMoni- ca, Atty., 2049 Century Park East, Suite 1100, Los An- . geles, 90067, filed November 29, 1984. Action: To deny claim and refer to this City's insurance carrier and appoint the City Attorney as co -counsel with the insurance company on this claim. Motion Cioffi, second DeBellis. So ordered. _ioi nutac_J_?-1 3 R4 '� (d) City Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated December 6, 1984. Action: To receive and file. (e) Tentative Future Agenda Items. Action: To receive and file. (f) Air Conditioning at the City Council Chambers. Memorandum from Public Works Director Anthony Antich dated December 4, 1984. Action: To approve the staff recommendation authorizing staff to solicit proposals for the analysis and design of an air conditioning systern for the City Council Chambers. (g) Recommendation to approve contract with General Telephone to convert current telephone system to a five year two tier billing concept. Memorandum from General Services Director Joan Noon dated November 29, 1984. Action: To approve staff recommendation that the City Council approve the contract with General Telephone to convert the current telephone system to.a five year, two tier billing system. This will result in an annual savings of $9,955.80, noting that due to a Public Utili- ties Commission decision, Hermosa Beach's monetary credit of $37,188 for time in service will no longer be available after January 1, 1985. (h) Free Clinic Lease Agreement - Room 15. Memorandum from Community Resources Director Alana Mastrian dated November 29, 1984. Action: To approve lease agreement between the City and the Free Clinic for the use of Room 15 at $267 per month. (i) Free Clinic Lease Agreement — Rooms 5 and 9. Memorandum from Community Resources Director Alana Mastrian dated December 3, 1984. Action: To approve lease agreement between the City and the Free Clinic for the use of Rooms 5 and 9 at $701 per month from December 1, 1984 through June 30, 1985 and $738 per month from July 1, 1985 through December 31, 1985. (j) YMCA Lease Agreement. Memorandum from Community Resources Director Alana Mastrian dated December 3, 1984. Action: To approve lease agreement between the City and the National Council of the YMCA of the USA for the use of room 4 at $463 per month from January 1, 1985 through June 30, 1985 and $487 per month from July 1, 1985 through De- cember 31, 1985. Minutes 12-13-84 (k) Project Touch Lease Agreement. Memorandum from Community Resources Director Alana Mastrian dated November 29, 1984.. Action: To approve lease agreement between the City and Project Touch for the use of rooms 6A, 6C and the Dark Room at $216 per month from January 1, 1985 through June:30, 1985 and $227 per month from July 1, 1985 through December 31, 1985. (1) Contract with Traffic Safety Engineers for Federal Grant. Application. Memorandum from Public Works Director Anthony Antich dated December 5, 1984. Action: To authorize the Mayor to sign a contract with Traffic Safety Engineers for the preparation of Federal Grant Applications for Hazard Elimination Safety, Office of Traffic Safety and Pavement Marking System grants. (m) Department of Community Resources Monthly Activity Report: November and December, 1984. Memorandum from Community Resources Director Alana Mastrian dated December 4, 1984. Action: To receive and file. (n) Department of Building 8: Safety Monthly Activity Report: November, 1984. Memorandum from Building and Safety Di- rector William Grove dated December 5, 1984. Action: To receive and file. (o) Department of Public Works Monthly Activity Report: Novem- ber, 1984. Memorandum from Public Works Director Anthony Antich dated December 5, 1984. Action: To receive and file. (p) Planning Department Monthly Activity Report: November, 1984. Memorandum from Interim Planning Director Ralph Castaneda dated December 5, 1984. Action: To receive and file. (q) General Services Department Monthly Activity Report: November, 1984. Memorandum from General Services Director Joan Noon dated December 4, 1984. Action: To receive and file. Cr). Police Department Monthly Activity Report: November, 1984. Memorandum from Police Chief Frank Beeson dated December 5, 1984. Action: To receive and file. (s) Fire Department Monthly Activity Report: November, 1984. Memorandum from Fire Chief Ron Simmons dated December 5, 1984. Action: To receive and file. (t) Agreement for Maintenance of Lawn Bowling Greens. Memo- randum from Community Resources Director Alana Mastrian dated December 5, 1984. Action: Continued to the meeting of January 8, 1985. (u) New Administrative Policy re. Council Communications. Memorandum from City Manager Gregory T. Meyer dated Decem- ber 4, 1984. Action: To. receive and file. (v) Request of funding from South Bay Hospital District. Memorandum from Assistant City Manager Alana Mastrian dat- ed'December 3, 1984. Action: To approve staff recommendation, approving a request to the South Bay Hospital District for funding of the following programs: 1. Child Abuse and Family Violence Prevention Program: $50,000 annually. 2. Paramedic Equipment Replacement: $7,500 annually. .(w) Official Canvass of Votes cast in the Hermosa Beach Spe- cial Municipal Election held on November 6, 1984. Memo- randum from City Clerk Kathleen Reviczky dated December 4, 1984. Action: To adopt Resolution No. 84-4777 reciting the fact of the special municipal election and declaring the result entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPE- CIAL MUNICIPAL ELECTION HELD IN THE CITY ON NOVEMBER 6, 1984, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PRO- VIDED BY THE PROVISIONS OF THE LAW." (x) ORDINANCE NO. 84-780 - AN AMENDMENT TO ORDINANCE NO..84 762 OF THE CITY OF HERMOSA BEACH, RELATING- TO FEES 'AND SERVICE CHARGES FOR CERTAIN PUBLIC SAFETY lt'OLICE) SER- VICES, CHANGING PERCENTAGE RECOVERY OF COSTS REASONABLY BORNE. For waiver of further reading and adoption. Action: To waive further reading of Ordinance No. 84-780 entitled "AN AMENDMENT TO ORDINANCE NO. 84-762 OF THE CITY OF HERMOSA BEACH, RELATING TO FEES AND SERVICE CHARGES FOR CERTAIN PUBLIC SAFETY (POLICE) SERVICES, CHANGING PER- CENTAGE RECOVERY OF COSTS REASONABLY BORNE." Motion Mayor Barks, second Brutsch. So ordered. Minutes 12-13-84 Final Action: To adopt Ordinance No. 84-780. Motion Nayor_Barks, second Brutsch. So ordered noting a "NO" vote by Councilman Wood. ORDINANCE NO. 84-871 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 1162 OF THE ZONING CODE AS IT PERTAINS TO OFF-STREET;PA.RKING REQUIREMENTS FOR NEW AND' EXISTING CONSTRUCTION TO INCLUDE A SECTION TO AL- LOW ADDITIONS OF ONE HUNDRED SQUARE FEET, OR LESS, WITHOUT A VARIANCE. For waiver of further reading and adoption. Exhibit A or Exhibit B). ALSO, RESOLUTION CERTIFYING THE NEGATIVE DECLARATION FOR AMENDING THIS SECTION OF THE CODE. For adoption. Action: To adopt Resolution No. 84-4778 entitled "A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION FOR AMENDING SECTION 1162 OF THE ZONING CODE." Motion Mayor Barks, second Cioffi. So ordered. Further Action: To waive further reading of Ordnance No. 84-871 entitled "AN ORDINANCE OF THE CITY OF-HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 1162 OF THE ZONING CODE AS IT PERTAINS TO OFF-STREET PARKING REQUIREMENTS FOR NEW AND EXISTING CONSTRUCTION TO INCLUDE A SECTION TO AL- LOW ADDITIONS OF ONE HUNDRED SQUARE FEET, OR LESS, WITHOUT A VARIANCE" with a change to line 20_ to read as follows: "During the life. of a building a single addition of not more than 100 square feet may be constructed 'without com- pliance to this section." Motion 'Mayor Barks, second Brutsch. So ordered. Final Action: To adopt Ordinance No. 84781 as amended. Motion Wood, second Brutsch. So ordered. (z) PROPOSED ORDINANCE - AN ORDINANNdCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENACTING AN 8% TRANSIT OCCUPANCY TAX RATE FOR THE DOUBLETREE !3ILTMORE HOTEL SITE, PER THE AP- PROVED DEVELOPMENT AGREEMENT. WITHDRAWN (aa) Approval of Minutes: Regular meeting of the City Council held on November 13, 1984. (Continued from 11/27/84 mtg.) Action: To approve minutes noting the abstention of Mayor Barks. (bb) Request for 30 -day extension of temporary employee beyond six months. Memorandum from Fire Chief Ron Simmons dated December 5, 1984. Action: -To approve staff recommendation extending for $0 days the six-month seasonal employment of Firefighter Jeff Priest, commencing January 9, 1985. Minutes 12-13-84 Final Tract Map 1143055: 5 -unit condominium, located at 166. Hermosa Avenue. Action: To approve Final Tract Map .14305.5 and adopt Resolution No. 84-4779 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING FINAL. APPROVAL OF TRACT MAP #4.3055 FOR A FIVE UNIT CON- DOMINIUM PROJECT LOCATED AT 166 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA." (dd) Resolution re. 338 Pacific Coast Highway. Memorandum. from Building and Safety Director William Grove dated December 4, 1984. Action: To adopt Resolution No. 34-4780 entitled "A RESO- LUTION OF THE CITY..COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING THE APPEAL AND GRANTING A VARIANCE TO PARKING STANDARDS FOR PROPERTY LOCATED AT 338 PACIFIC COAST HIGHWAY." AYES - DeBellis, Wood NOES Cioffi ABSTAIN - Brutsch, Mayor Barks Mayor Barks introduced Mr. Herb Weiser of the law firm of Weiser, Kane, Ballmer and Berkman who is acting as City Attorney for this meeting in place of Mr. Murray Kane who had a previous engagement. ',Councilman DeBellis commended the City Manager and all Department heads for the monthly reports which he found very helpful and he particularly appreciated General Services Director Joan Noon's style of writing. Councilman Brutsch also stated this was a job well done. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC. a) Letter from John Wiebusch, 2455 Roscomare Road, L.A., dated 11/12/84 re. grace period parking. Councilman.Wood questioned General Services Director Noon regarding the cost of the 15 -minute grace period granted those parking in the 'downtown area and was advised that the cost was approximately $17,000 per month. Mayor Barks stressed the good will generated by this grace period and indicated the appreciation of the local merchants b) Letter from Michael & Linda Fife, 1236 - 3rd Street, Hermosa Beach, received 12/4/84 re. Our Lady of Guadalupe Church chimes. • ACTION: To refer this letter to staff noting that Section 19.5 of the 'Municipal Code governs noise enforcement. Motion Mayor Barks, second DeBellis. So ordered noting the objection of Councilman Wood. - 5 - Minutes 12-13-84 c) Letter from Robert Bryson dated 11-14-84 re Rubbish Collection.• City Clerk Reviczky advised that this letter would be submitted under Written Communications at the meeting of January 8, 1985. PUBLIC HEARINGS 3. SETTING A MAXIMUM SIDEYARD SETBACK OF FIVE FEET FOR R-1 AND R-2 DEVELOPMENT. Memorandum from Interim Planning Director Ralph Castenada dated December 6, 1984. The staff report was presented by Interim Planning Diector Ralph Castenada. The Public Hearing was opened. No one coming forward, the Public Hearing was closed. ACTION: To certify the negative declaration and adopt Resolution No. 84-4781 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFY- ING THE NEGATIVE DECLARATION FOR AMENDING SECTIONS 401, 501, AND 551 OF THE ZONING CODE." Motion Wood, second Brutsch. So ordered. FURTHER ACTION: To waive full reading of Ordinance No. 84-782 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION', 401, 501 , AND 551 OF THE ZONING CODE AS THEY PERTAIN TO SIDE YARD SETBACKS TO DELINEATE A MAXIMUM REQUIRED SIDE YARD SETBACK OF 5 FEET FOR R-1 AND R-2 DEVELOPMENTS." Motion Wood, second DeBellis. So ordered. FINAL ACTION: To introduce Ordinance: No. 84-782. Motion Wood, second Brutsch. So ordered. MUNICIPAL MATTERS 4. STATUS REPORT RE. PROPOSED DEVELOPMENT STANDARDS FOR PRE- SCHOOL AND DAY CARE CENTERS. Memorandum from Interim Planning Director Ralph Castenada dated December 6, 1984. The staff report was presented by Interim Planning Director Ralph Castenada. Councilman Brutsch asked that the Planning Department coordinate with the Chief of Police. Councilman DeBella.s stressed that he would like to see • this matter regulated under the Police Department and would like the BZA to hold the public hearings for these .CUP's. He commended ,staff for the amount of work that they did on this matter Minutes 12-13-84 Councilman Cioffi asked that we either use the County's pamphlet on Child Abuse, or that we develop one, and that the parents be required to read and sign it, this to be maintained on campus. City Manager Meyer advised Council that only item 2 of the staff recommendation would have any cost impact (visual access). ACTION: To approve the staff recommendation to adopt Resolution No. 84-4782 entitled "A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENT TO DIRECT THE PLANNING COM- MISSION TO EXAMINE SECTIONS 1000 AND 1403 OF THE ZONING CODE REGARDING CONDITIONAL USE• PERMITS FOR CHILD CARE FACILITIES". Motion DeBellis, second Mayor Barks. So ordered noting a "NO" vote by Councilman Wood. 5. AWARD OF BID RE. LIABILITY INSURANCE AND CONSIDERATION OF UTILIZING BROKER OF RECORD PROCESS IN THE.FUTURE. Memo- randum from Assistant City Manager Alana Mastrian dated December 11, 1984. - The staff report was presented by Assistant City Manager Alana Mastrian. Mike Bogen of CalSurance Insurance answered questions of Council stating that if the City went to a higher deductible, the annual premium would certainly be lower. The decrease would have to be calculated. He also advised that there are now only two insurance companies who will insure municipalities. Councilman DeBellis was concerned about there being no formal bid procedure and Councilman Wood stressed his concern for the lack of lead time given Council to make a decision regarding the award of the insurance contracts. Mayor Barks indicated his displeasure with staff's handling of this insurance bid process. PROPOSED ACTION: To accept the bid of CalSurance and request staff to prepare an RFP to be back to Council in August of 1985. Motion Wood, second Barks SUBSTITUTE ACTION: To enter into a contract with Cal- Surance for liability coverage in an amount not to exceed $124,000, and with Marsh and McLennan for vehicle physical damage and property insurance coverage. Motion DeBellis, second Barks -(for discussion) - WITHDRAWN BY THE MAKER OF THE MOTION Minutes 12-13-84 AMENDMENT TO SUBSTITUTE MOTION: To authorize the City Manager to Use his tact to see if the two insurance companies would share the insurance. If this is not possible, he is authorized to enter into a contract with CalSurance. Motion Wood with the concurrence of the make of the substitute motion - WITHDRAWN FURTHER .AMENDMENT TO SUBSTITUTE MOTION: If the bifurcation of the insurance comes out to higher premiums then the insurance contract should be awarded only to CalSurance. Motion Brutsch with the concurrence of the maker of the substitute motion - WITHDRAWN RESTATED ACTION: To contract with Marsh and McLennan for property insurance and CaiSurance for vehicle insurance and if this is not acceptable or if it is not as inexpen- sive as the CalSurance bid, then we authorize the City Manager to accept the CalSurance bid as the lowest bid. In either case, the City Manager is to begin the RFP pro- cedure next August. Motion Wood, second Barks. AMENDMENT TO ACTION: Since CalSurance is the lowest bidder for the liability coverage ($124,000), and Marsh and McLennan the lowest bidder for --property and vehicle damage insurance, the contracts beso issued. Motion DeBellis with the concurrence of the maker and the second of the motion. So ordered noting the "NO" vote by. Councilman DeBellis. Mayor Barks thanked Mr. & Mrs. Meyer for the Christmas refresh- ments in the foyer. 6. STATUS REPORT FOR UTILITY UNDERGROUNDING DISTRICT ADJACENT TO PLAZA HERMOSA (HAAGEN DEVELOPMENT) . Memorandum from Public Works Director Anthony Antich dated December 5, 1984. The staff report was presented by Public Works Director Anthony Antich. He noted that the cost of preparing the request for proposals .for the utility undergrounding assessment and engineering services would be approximately $5,000. ACTION: To survey the area property owners to find out their interest in the undergrounding.before proceeding. Motion DeBellis, second B,rl:s. Sc ordered. 7. DISCUSSION RE. REGULATING FORTUNE TELLING BUSINESSES IN HERMOSA BEACH. Memorandum from Interim City Attorney Mur- ray 0. Kane dated December 6, 1984. - 9 - Minutes 12-13-S4 The staff report was presented by Mr. Weiser, Acting InterimCityAttorney. PROPOSED ACTION: To instruct staff to write a letter to the attorney representing Mrs. Laura Merino. indicating that there are a number of important court cases coming up and we will await their decision before making a decision. Motion Wood, second DeBellis. WITHDRAWN BY THE MAKER OF THE MOTION WITH THE CONCURRENCE OF. THE SECOND ACTION: To receive and file. Motion Brutsch, second Mayor Barks. So ordered noting the "NO" vote by Councilman Wood. A recess .was called at 9:30 P.M. The meeting reconvened at 9:45 P.M. 8. INVESTMENT REPORT FOR NOVEMBER, 1984. Memorandum from City Manager Gregory T. Meyer dated December 5, 1984 The City Treasurer advised that new tax laws will be going into effect, thus the investment report will be ready for ,the meeting of January 8, 1985. CONSIDERATION OF PACIFIC COAST HIGHWAY VEHICLE PARKING DISTRICT. Memorandum from Public Works Director Anthony Antich dated December 6, 1984. Mayor Barks declared a conflict of interest and stepped down. Mayor Pro Tem Wood presided over this agenda item. Mayor Barks asked that he be replaced on the Business Relations Subcommittee. Councilman Brutsch volunteered to serve and Mayor Pro Tem Wood appointed him to serve in place of Mayor Barks on a temporary basis while dealing with Vasek Polak. ACTION: To'approve (3) of the staff recommendation which directs the City Manager to seek a Development Agreement with Vas'ek Polak for the long term expansion of his dealership. Motion Wood, second Brutsch. AYES - Brutsch, Cioffi, Wood NOES.- DeBellis ABSTAIN - Mayor Barks Minutes 12-13-84 FINAL ACTION: Staff to prepare a plan to get some assessment of the palatability of developing a plan for a Parking District to serve the west side of Pacific Coast Highway between Pier Avenue and Herondo and the appraisal of the City's four lots sited on First Street, First Place and Second Street for the purpose of them beingsold, each in a manner that would maximize economic return to -the City, to be returned to Council for the meeting of January 22, 1985. Motion Wood, second Brutsch. So ordered noting the abstention of Mayor Barks. 10. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION Items (c) Cioffi and (f) Wood were pulled for separate discussion but are listed in order on th Consent Calendar for clarity. The Regular Meeting of the City Council of the City of Hermosa Beach recessed at 10:10 P.M. to a meeting of the Hermosa Beach Vehicle Parking District Commission on a motion by Wood, seconded by Mayor Barks. So ordered. 11. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION. The Regular Meeting of the City Council reconvened at the hour of 10:55 P.M. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. Request for Closed Session 1/8/85. Memorandum from City Manager Gregory T. Meyer dated December 6, 1984.. ACTION: To convene a Closed Session at 6:30 P.M. on Tuesday, January 8, 1985 for discussion of matters of personnel and litigation. Motion Mayor Barks, second Brutsch. So ordered. b. Special City Council meeting of 12/18/84. Memor- andum from City Manager Gregory T...Meyer. dated December 4, 1984: ACTION: To approve adding one additional item to the agenda for the Special Meeting of December 18, 1984, Approval of Demands and Warrants. Motion Wood, second Mayor Barks. So ordered. 13. MISCELLAINEOUS ITEMS AND REPORTS - CITY COUNCIL a. Railroad right-of-way Subcommittee Report - Wood No meetings had been held and none are scheduid for the near future. b. PCH Parking District Subcommittee Report - Wood Nothing further to report. c. City of Gardena report 're. automobile insurance industry "redlining" method re. insurance rates ACTION: To direct the present interim.City Attorney to prepare a resolutioh similar to the minute resolution of the City of Gardena with a change to paragraph three, line three to read "intend to change this practice; and". Motion DeBellis, second Brutsch AYES - Brutsch, DeBellis, Mayor Barks NOES - Cioffi, Wood d. Approval of Agreement for Professional Services new City Attorney. Mayor Barks announced that in Closed Session the City Council made a decision re the appointment of the new City Attorney. ACTION: To retain the law firm of Ochoa & Sills, Mr. Jaynes Lough, to provide legal services to the City of Hermosa Beach effective January 1, 1985. Motion Mayor Barks, second. Brutsch. So ordered. FINAL ACTION: The interim City Attorney, Murray Kane, to continue serving the City of .Hermosa Beach on matters of litigation that his firm has currently started. Mr. Weiser asked for clarification as to who was to act as co -counsel on the claim for damages from Charles Elliott, Jr. He was advised his firm, Weiser, Kane, Ballmer and Berkman, was to handle this claim as co -counsel. e. Memorandum of Understanding - Management Assoc. (from Closed Session) City Manager Meyer advised the Council that after the Closed Session he had reviewed the instructio of the Council with the members of the Management Association and they would like to suggest that at this point, the City Council adopt a one-year Memorandum of Understanding that is• along the lines outlined by the City Council for that first year. PROPOSED ACTION: To discuss this at the next Closed Session. Motion Wood, second Mayor Barks (discussion) Minutes 12-13-84 Withdrawn by the maker of the motion with the concurrence of the second. ACTION: To authorize the City Manager to sign the Memorandum of Understanding implementing a new Management Memorandum of Understanding for one year commencing August 1, 1984 with a 5% base salary adjustment effective.October 9, 1984. Motion DeBellis, second Cioffi. So ordered noting a "NO" vote by Councilman Wood f. Litigation - Appletreee Condominiums - Notice of Violation (From Closed Session) ACTION: To direct the City Manager to send a notice to the developer of the Appletree Condominiums concerning violations of the Subdivision Conditions and setting forth the intention of the City to require him to come. before the City Council to answer the matter and if the answers are not satisfactory, to proceed accordingly to file a lien and take other actions to enforce the covenants. Motion Mayor Barks, second Cioffi. So ordered noting the objection of Councilman Wood. 14. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE Wilma Burt came forward to state that there is still no telephone at Clark Stadium and noted that the City is at risk If someone is hurt. Community Resources Director Mastrian stated that she is iN daily contact with GTE. Councilman Wood advised that he would contact Mr. Moore, head of GTE in the South Bay, to attempt to have this matter rectified. Hal Spear asked if the City has their books audited and was informed that they did yearly. He then asked if the VPD books were audited and was told they were not. He also asked if they would be audited now that the City Council members are the VPD commission and wanted to know the state of the VPD. 15. OTHER MATTERS - CITY COUNCIL. a. Upcoming Vacancies - Boards and Commissions Board of Zoning Adjustments - one 4 -year term ending 12/31/88. Memorandum from. City Clerk Kathleen Reviczky dated December 4, 1984. Nomination: DeBellis - Neal. Cutler Minutes 12-13-84 ACTION: - To close nominations Motion Wood, second Brutsch. So ordered. Vote: Barks - Cutler Brutsch - Cutler Cioffi - Cutler DeBellis - Cutler -Wood - Cutler Appointment: Neal Cutler to the Board of Zoning Adjust- ments for a full term expiring December 31, 1988. b. Senate Bill 46 and Assembly Bill 9 - Cioffi Councilman Cioffi brought Senate Bill 46 and Assembly Bill 9 to the attention of the Council and the audience. The Senate Bill has been introduced by Senator Torres and co- sponsored by Senator Beverly and has to do with allowing closed circuit television in the case of sexual crimes against minors. He asked for Council support for passage of these bills. ACTION: To send a letter to Senator Beverly and Assembly- man Felando urging their support of these bills at the hearings and also a letter to the. League of California Cities asking for their support. Motion Cioffi,' second Mayor Barks. So odered c. Sale of Prospect Heights School - Brutsch Councilman frutsch noted that the School District is selling property at Prospect Heights School. City Manger Meyer advised that was so and that they have entered into a 120 -day escrow which commenced December 3 for 12 of the .unzoned lots which were sold for single family residential units, not a planned development, purchased by four individuals. d. Prospect Heights Playground - Brutsch Councilman Brutsch asked about the gates being left open to• the playground. Community Resources Director Mastrian indicated that Mr. Hadah will open the gates when they are - not using the playground. e. Microfilming of Building Plans - Wood ACTION - To request a staff report from the Building Department regarding the process of putting building plans on microfilm for future use of the citizens, to be back to Council the first meeting in February. This report should include the cost associated with this process. Motion Wood, second Brutsch (discussion). `'o ordered. Minutes 12-13-84 f. Zoning Problems - Wood Councilman Wood stated that they do not have an all- encompassing zoning map. ACTION - To direct staff to prepare a zoning map at their leisure in the not too distant future. Motion Wood, second DeBellis. So ordered. City Manager Meyer stated that a new Planning Director has been retained, Michael Schubach, who will be on board January 2, 1985 and this item will be made a top priority item. He advised Council that Mr. Schubach is currently the Chief Planner for the' City of Norwalk. Voting on Variances vs. CUP's, etc. - DeBellis ACTION - To direct staff to investigate why it takes three affirmative votes to adopt Conditional Use Permits and zone changes but not variances. Motion DeBellis, second Brutsch. So ordered. h. VPD Budget - DeBellis Councilman DeBellis asked Interim City Attorney Weiser if they.as VPD Commissioners could have adopted a budget which did not balance. Mr. Weiser advised that they could have done so. i. City Titles used in Advertising - DeBellis Councilman DeBellis asked if there was a policy regarding the appropriateness of using commission, etc. titles to put forth their point or to influence the vote on certain issues. The City Attorney advised that this is allowed but they must make sure it is stated that they are not acting on behalf of the City or using City funds. j. Tract Maps - Wood Councilman Wood asked staff to -put names on Tract Maps. k. McClelland Property - Wooc Councilman Wood stated he had been approached by several people interested in purchasing the McClelland property. They indicated that there was a need to take a loo,: at the lease that was previously agreed to - time period of the lease. He asked if the City Council would be agreeable to renegotiating the lease. ACTION - To authorize staff to respond in regard to the length of the period of the lease of the McClelland property. Motion Wood, second Mayor Barks. So ordered. Mi mic c�c l 7—1 -4—i2A FINAL ACTION: To authorize staff to convey to those interested people that we are willing to sit down and talk with them and that all persons will be listened to. Motion Wood, second Mayor Barks. So ordered noting the "NO" vote by.Brutsch. 1. Biltmore Site Issue - Barks Mayor Barks made the recommendation that the Biltmore Site Specific Plan be rescinded and that an updated appraisal of the property be made.. He favored putting together 2 commission to look at the use for this property. PROPOSED ACTION: To direct staff and the City Attorney to come back at the January 8 meeting with a report and necessary documentation to rescind the Specific Plan. Motion Barks - dies for lack of a second. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach was adjourned at the hour of 11:40 P.M. on Thursday, December 13, 1984 to a Special Meeting to be held on Tuesday, December 18,. 1984 at the hour of 7:00 P.M. ACTION: To adjourn this meeting in memory of Edwina McKinsey, renowned Hermosa Beach citizen and survivor of the sinking of the Titanic. Motion Wood, second Brutsch. So ordered. Minutes 12-13-84 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach held on Tuesday, December 18, 1934 at the hour of 7:0C P.M. PLEDGE OF ALLEGIANCE - Councilman Brutsch ROLL CALL Present - Brutsch, DeBellis, Mayor Pro Tem Wood Absent - Cioffi, Mayor Barks (excused absence - illness) 1. APPROVAL OF DEMANDS AND WARRANTS: December 18, 1984 ACTION: To approve Demands and Warrants Nos. 15657 and 15769 through 15846 inclusive noting voided warrants 15776 and 15841. Motion Brutsch, second Mayor Pro Tem Wood. So ordered. 2, OFFICIAL CANVASS OF VOTES CAST IN THE HERMOSA BEACH SPECIAL MUNICIPAL ELECTION HELD ON DECEMBER 11, 1984. Memorandum from City Clerk Kathleen Reviczky dated December 18, 1984. ACTION: To adopt Resolution No. 84-4783 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,' RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON DECEMBER 11, 1984., DECLARING THE RESULT AND SUCH OTHER TATTERS AS PROVIDED -EY THE PRO- VISIONS OF LAW." Motion Wood, second Brutsch. So ordered. ADJOURNMENT The Special Meeting of the City Council of the City of Hermosa Beach adjourned at the hour -of 7:10 P.M. on Tuesday, December 18, 1.984 to a Regular Meeting to be held at 7:30 P.M..on January 8, 1935 preceded by a Closed Executive Session at 6:30 P.M. MINUTES OF THE REGULAR MEETING OF THE HER➢OSA BEACH VEHICLE PARK- ING DISTRICT ##1 held on Thursday, December 13, 1984 at the hour of 10:10 P.M. ROLL CALL CHAIRMAN GEORGE BARKS - Present COMMISSIONER GARY BRUTSCH - Present COMMISSIONER JOHN CIOFFI - Present COMMISSIONER ANTHONY DE BELLIS - Present COI•MISSIONER JACK WOOD - Present a. APPROVAL OF MINUTES OF 11-13-84 MEETING ACTION: To approve minutes. Motion Chairman Barks, second Brutsch. So ordered. b. APPROVAL OF MINUTES OF 11-27-84 MEETING ACTION: To approve minutes. Motion Chairman Barks, second Brutsch. So ordered. c. 1984-85 VEHICLE PARKING DISTRICT BUDGET. Memorandum from VPD Administrator Norma Goldbach dated December 6, 1984. VPD Administrator Norma Goldbach presented the staff report noting that the Materials and Services figure in the budget of $129,196 includes $55,200 that was estimated revenue from the Vehicle Parking District. This number then results in an unbalanced budget. - Ms. Goldbach noted an error on page 4 of the budget (Materials and Services), object code 42110 Professional & Consulting - this number should read $25,130 rather than $5,130 thus making the total $149,196, a deficit of $75,000 over projected revenue. ACTION: To instruct the City staff to determine the process for termination of all of the VPD employees, to be returned at the January 8 meeting. Motion Wood„ second Barks (discussion). So ordered. Commissioner Wood stressed the problem of anticipated revenue versus budgeted expenditures. He asked that staff .initiate a program whereby residents could buy monthly passes to park on the downtown City lots or for long-term .parking. Commissioner Br'utsch asked that this discussion be continued to the meeting of January 8. d. Recommendation to Approve an Interim VPD District 01 Policy Agreement with the VPD Administrator in Regard to Renumeration for Services Rendered. Memorandum from Norma Goldbach, VPD Administrator dated December 3, 1984. ACTION: To disallow renumeration requested by the VPD Administrator for four weeks of the six weeks she was on vacation, and the renumeration•of the position of VPD Administrator to be normal part-time salary benefits only, to include Workman's Compensation. Motion Wood,•second Cioffi. So ordered noting a "NO" vote by Chairman Barks. FINAL ACTION: Any prior payments approved by the Commission to -remain valid. Motion Wood, second Brutsch. So ordered. ADJOURNMENT On a motion by Commissioner Wood, seconded by Commissioner DeBellis, the regular meeting of the Vehicle Parking District 41 was adjourned at the hour of 10:55 P.M. on Thursday, December 13, 1984. 2