HomeMy WebLinkAbout06/12/84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, June 12, 1984 at the
hour of 7:30 P.M.
CLOSED SESSION - 6:30 P.M. - All present
PLEDGE OF ALLEGIANCE - Councilman DeBellis
ROLL CALL
Present: Barks, Cioffi,
Absent: None
1. CONSENT CALENDAR
ACTION - To approve
(n), with the except
Councilman Wood and
man Wood and item (j
(a) Approval of Minutes:
held on May 22, 1984
DeBellis, Wood, Mayor Brutsch
the Consent Calendar, items (a)
ion of items (m) and (n) pulled
noting NO votes on item (i)• by
) by Councilman DeBellis.
through
by
Council -
Regular meeting of the City Council
ACTION - To approve minutes
(b) Demands &.Warrants: June 12, 1984.
ACTION - To approve Demands and Warrants Nos. 13878 through
14030 inclusive noting voided warrants 13890, 13942, 14011
and 14017.
City Treasurer's Report: April, 1984.
ACTION To receive and file.
Award of Contract for Publication ,of City Advertising
(Legal) and Display Ads, Period July 1, 1984 through
_June 30, 1985.
ACTION - To award the contract for City Advertising (Legal)
and Display Advertising to the EASY READER as the low bidder
on each type of advertising. Contract to be for the period
of July 1, 1984 through June 30, 1985.
(e) Approval of Final Map #42874: 7-unitcondominium located
at 100-112 Monterey Boulevard.
ACTION - To approve Final Map #42874 and adopt Resolution
No. 84-4713 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING FINAL
APPROVAL OF PARCEL MAP NO. 42874 FOR A 7 -UNIT CONDOMINIUM
PROJECT LOCATED AT 100-112 MONTEREY BOULEVARD, HERMOSA
BEACH, CALIFORNIA.!'
(f) Claim for Damages The Tushery, Pauline Barilla., Owner,
1036 Hermosa Avenue, filed May 30, 1984.
ACTION - To deny claim and refer to this City's insurance
carrier.
Claim for Damages: Pacific National Insurance Company,
P. 0. box 1J) , Santa Ana, CA 92702 (Ocean Body Shop),
906-910 Hermosa Avenue, filed May 16, 1984.
(g)
ACTION - To deny claim and refer to this City's insurance
carrier.
(h) Award of Bid: Workers Compensation Insurance 1984-85.
ACTION - To award the 1984-85 Excess Workers Compensation'
Insurance through the Cal-Surance Group to Employers
Reinsurance Company ($100,000 self-insured retention,
statutory limit) for a deposit premium of $4',792.
(1) •Retention of 'Robert Hacker, Petroleum Engineer, to study
Hydrocarbon Quantities and Potentia!Drainage at the
City Yard Drilling Site, with Recommendation to Appropriate,
Monies from Prospective Expenditures Fund. Letter from
Richards, Watson, Dreyfuss and Gershon dated June 8, 1984.
ACTION - To retain Petroleum Geologist Robert Hacker
($80/hour consultation, $640/day evaluation), not to exceed
$3,000 to perform the necessary reservoir analysis regarding
further oil at the City Yard; the necessary monies to be
appropriated from Prospective Expenditures. (Noting a NO
vote by .Councilman Wood.)
(j) Request for Removal of Red Zone North Curb of 2nd Street`
105' to 128' West of Pacific Coast Highway. Memorandum
from Director of Public Works Charles Clark dated June 7
1984.
ACTION - To eliminate the red zone on the North curb off
Second Street commencing at a point 105' West of Pacific
Coast Highway to a point 128' West of Pacific Coast
Highway and to adopt Resolution No. 84-4717 entitled
A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING PARKING RESOLUTION NS 2435, ELIMINATING A "NO
PARKING" ZONE AS HEREINAFTER. -SET FORTH." (Noting a NO vote
by Councilman DeBellis.
(k) City Manager Activity Report. Memorandum from City Manager
Gregory T. Meyer dated June 8, 1984.
ACTION To receive and file.
Minutes 6-12-84
V
(1) Tentative'Future Agenda Items.
ACTION - To receive and file.
(m) Police Department Detective Division Status Report: May,
1984.
To be discussed under item 12 (meeting of 6-18-84).
(n) 1st Quarter SWITERS Report Review from Police Department.
To be discussed under item 12 (meeting of 6-18-84).
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC
Letter from Lance Widman dated June 12, 1984.
ACTION - To refer to agenda item 3.
Motion Wood, second Barks.. So ordered.
Packet of Letters from the Hermosa Beach Homeowners and
Residents Association re the Proposed Hotel.
ACTION - To refer to agenda item 3.
Motion Wood, second Barks. So ordered..
Petition on Moratorium on Merged Parcels (235 signatures
and the City Clerk just received 2.9 additional signatures).
ACTION - To refer to agenda item 7.
Motion Wood, second Barks. So ordered.
Two additional applications for the Planning Commission
(James Parker and Walter Schulte).
ACTION To refer to agenda item 16a.
Motion Wood, second Barks. So ordered.
PUBLIC HEARINGS
3.' HERMOSA BEACH .BILTMORE 'HOTEL PROPOSAL (DEVELOPERS GREENWOOD
& LANGLOI S')' WITH ADJACENT. PARKING JTRUC[URES,' SPEC:I- le PLAN
LOCAL COASTAL PLAN 'AMENIJMEN 1' ), WNL) l' 1'
DEVELOPMENT _AGREEMENT;- AND APPEAL - OI 'PLANNING (I viMI SSION
."i . 'U
.4y
•�
.iupp ementa in orma ion - e er rom
fJonald and Audrey Louth dated June 6, 1984in favor of the
hotel.
a. Request for `additional meetings. Memorandum from City.
Manager Gregory' T. Meyer dated. June 8, 1984.
•
City Manager Meyer presented the staff report.
ACTION - To convene a Special Meeting of the City
Council to discuss the proposed Development Agreement
for the Biltmore Hotel to be held at 7:30 P.M. on
Monday, June 25.
Motion Wood, second Mayor Brutsch
-3- Minutes 6-12-84
AMENDMENT TO THE MOTION - To schedule the Special
Meeting to discuss the proposed Development Agreement
for the Biltmore Hotel on 3une 18 at 7:30 P.M. rather
than June 25 and to schedule the Goals and Objectives
meeting for June 25 at 7:30 P.M.
Motion Barks and accepted by both the maker of the
motion and the second.
So ordered.
b. Staff presentation re Specific Plan, Coastal Plan and
Conditional Use Permits. Memorandum from Planning
Director Pamela Sapetto dated June 6, 1984.
When questioned by Council regarding the use of the
railroad right-of-way and the City Hall area for
paid parking, Ms. Sapetto advised that the Local
Coastal Plan did not address the issue of free parking,
only the permit parking.
Corrections to the proposed ordinance were requested as
follows:
Page.1 Line 4 - public hearing date changed to
June 12.
Page 2 - Line 7 - "four and. one half stories" changed to
read ."five stories".
Page 3 Line 24 "should" changed to "will"
Mayor Brutsch opened the Public Hearing asking those wanting
to address Council limit their speech to three minutes.
Speaking were:
Joe Langlois, Greenwood & Langlois, 71726 San Vincente
Boulevard, Los Angeles, who thanked the people who came out
in large numbers this evening to voice their approval of the
hotel. He stated they had held six Public Hearings, a'BZA
hearing, a meeting at Clark Stadium, met 11 times with
various neighbors of the project, met with local clubs and
groups in individual homes. He presented.a history of the
hotel development to date. W. Langlois stated that the
hotel is 45 feet high plus a nine -foot mansard roof.
Speaking in favor the hotel were:
Edie Webber, 2207 Pacific Coast Highway, submitted petitions
with 36 signatures of Hermosa Beach merchants and residents.
Audrey Louth, 25 - 18th Street, submitted a petition with 20
signatures
Betty Ryan, 588 - 20th Street
Floyd Ayers, 1292 Bonnie Brea, 40 -year
Mike Escalante, 1730 Manhattan Avenue
resident
Minutes 6-12-84
Those favoring hotel concept (continued)
Paul Shank, 1838 Strand
Ellen Goetz, 33 - 4th Street, on Biltmore Blue Ribbon
Committee', submitted three letters, and stated that the
Blue Ribbon Committee had never considered a 150 -room
hotel feeling it was too small to be economically feasible
Vivian Hoffman, 3002 Hermosa Avenue, submitted petitions
John Wolfe, 1212 - 3rd Street
Barbara Adams
Don Louth, 25 - 18th Street, submitted petitions
Wilma Burt, 1152 - 7th Street
Pat Fuehring 21 - 21st Street
Joyce Bickelmeier, Bickelmeier Insurance Agenue, Hermosa
Beach
Tom Hall, 1241 - 19th Street
Bill Fowler, Hermosa Beach Chamber of Commerce
Joel Compton, AIA, 200 Pier Avenue (showed viewgraphs of
City Revenue Comparison Graphs)
Laticia Hall, 1241 -, 19th Street
Rachel Wilkins, 712 Strand (40 -year resident)
Dorothy Canning, 36 - 19th Street
Pat Galante, 1730 Manhattan Avenue
Jerry Holman, 29 - 18th Street (member of the Biltmore Blue
Ribbon Committee)
Gary Frost, 2900 Tennyson Street (proprietor of Coast Drugs)
Jim Rosenberger, .1123 Bayview - Impartial
Speaking in opposition to the hotel were:
Parker Herriott, Appellant, 224 - 24th Street, who read a.
letter to the editor he had written to the DAILY BREEZE. Mr.
Heriott referred to approximately 1,500 signatures he had
gathered in opposition to the hotel asking that this
issue be put before the electorate. He advised Council
that should they vote in favor of the Specific Plan this
evening, he would start action for a referendum. Mr.
Herriott stated his. main concern was for the residents of
Hermosa Beach.
Pat Riggs, 1424 Manhattan Avenue - feels hotel will over-
shadow everything else on the Strand, and have a negative
impact.
Joe Langlois returned to the podium to stress the beautiful
beach setting of Hermosa Beach and asked the residents to
weigh„the benefits against the costs.
This portion of the Public. Hearing was closed but the re-
mainder was continued until June 18 at 7:30 P.M.
ACTION - To approve the Specific Plan, Modification of the
Local Coastal Plan to allow construction of the hotel as
proposed; move approval of the various Conditional Use
Permits to incorporate all of the items of the proposed
ordinance with the exception of the mansard roof; and all
of the findings of the "Statement of Overriding Considera-
tions" dated May 22, 1984 with the exception of number 6
which deals with the additional levels added tothe parking
structure associated with the proposed hotel.
Motion Wood, second Barks
AMENDMENT TO THE MOTION - To waive full reading and
introduce Ordinance No. 84-751 entitled "AN ORDINANCE OF
THE CITY OF HERMOSA BEACH WHICH ADOPTS A SPECIFIC PLAN TO
REGULATE DEVELOPMENT IN THE DOWNTOWN AREA BETWEEN 15TH AND
13TH STREETS AND THE STRAND AND HERMOSA AVENUE AS INDICATED
ON EXHIBIT 1 MAP AND LEGALLY DESCRIBED IN EXHIBIT 2."
Motion Wood with the concurrence of the second
FURTHER AMEND TO THE MOTION - To amend. line 24 of page 3
of the proposed ordinance to change the word "should" to
"will", line 4 on page 1 to read "June 12, 1984" rather
than May 8, 1984. and line 7 on page 2 to read "five
stories" rather than "four and one-half".
Motion DeBellis with the concurrence of the maker of the
motion and the second.
AYES - Barks, Cioffi, DeBellis, Wood, Mayor
NOES - None
FURTHER ACTION - To approve the mansard roof as proposed
in the Specific Plan, the height not to exceed nine feet,
for the purpose of mitigating the potential negative effect
of the air conditioners, parapet, stairway, towers and -
elevator towers.
Motion Wood, second Barks
AYES - Barks, Cioffi, Wood, Mayor Brutsch
NOES DeBellis
A recesswas called at 9:15 P.M.
The meeting reconvened at 9:35 P.M.
c. Questions from City Councilmembers
ACTION - To take staff recommendation (c) and
it as item 10 under Munic'ipa1 Matters.
Motion Wood, second Mayor Brutsch. So
d. Public*Hearing:
1. Public testimony'
2. Continue hearing re Development
•
consider
ordered.
-6-
Agreement
Minutes 6-12-84
ACTION - To continue this item to the meeting of
June 18.
Motion Wood, second Mayor Brutsch. So ordered.
4. THE 1985-1989 SHORT RANGE TRANSIT PLAN. Memorandum from
Planning Director Pamela Sapetto dated June 6, 1984.
The staff report was presented by Planning Director Pamela
Sapetto.
Upon questioning of Council, Ms. Sapetto stated that the
adoption of this Short Range Transit Plan does not obligate
the City to make application for funds nor does it obligate
the City to provide any type of transit system during the
period 1985-1989. Also that this is a.reporting document
exempt from CEQA. Councilman DeBellis recommended that in
the future a "WHEREAS" be included in resolutions addressing
this.
The Public Hearing was opened.
No one coming forward, the Public Hearing was closed.
ACTION - To adopt Resolution No. 84-4714 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING THE 1985-1989 SHORT RANGE TRANSIT
PLAN."
Motion Barks, second Mayor Brutsch
AYES - Barks,. Cioffi, DeBelli,s, Mayor Brutsch
NOES - Wood
Prior to the vote on the above action, City Manager Meyer
was asked about Federal Government money owed the City and
he. advised Council that one of the staff priorities of work
is to get prompt reimbursement of all of the funds from
UMTA, the State or Community Block Grant Funds.
5. 1ST PUBLIC HEARING RE GENERAL REVENUE SHARING 1984-1985.
Memorandum from City Manager Gregory T. Meyer dated
May 23, 1984.
City Manager Meyer presented a comprehensive view of the
1984-1985 General Revenue Sharing noting that the alloca-
tion had been reduced to $73,000 from $80,000. This
$7,000 would be taken from the Cable T.V. Contract and
Fire Department Remodel. •
The Public Hearing was opened.
Suggestions from Council were as follows:
-7- Minutes 6-12-84
Wood - safety vests and fire hose rather than cable
TV contract
DeBellis - air conditioning the City Council Chamber
or money to Clark Stadium
Cioffi - quarterly newsletter to residents
Barks - supports cable TV contract
ACTION -.To continue this Public Hearing open to June 26,
1984.
Motion Wood, second DeBellis. So ordered.
6. 1ST. PUBLIC HEARING RE 1984-1985. BUDGET.
Continued to Regular Adjourned Meeting of June 18, 1984.
MUNICIPAL MATTERS
7. PETITION AND PROPOSED EMERGENCY ORDINANCE DECLARING A
MORATORIUM ON SEPARATION OF COMBINED LOTS. Memorandum from
Building and Safety Director William Grove dated June 6,
1984,
City Manager Meyer stated that he had directed the Building
Department, from 4:00 P.M. on Thursday until Wednesday
morning, June 13, not to issue any building -related permits
on said potential merger of substandard lots pending the
discussion of the City Council and their action.
City Attorney Post advised Council that it was permissible
for the City Manager to put a hold on all Building Permits
pending the hearing of this issue before Council. He
stated there is case law on this and the underlying princi-
pal that is stated often in land use law is that building
should occur according to the current standards, the
current standards being the standards Council is considering
this evening.
The staff report was presented by Building Director Grove.
When asked by Council about the number of affected lots,
Mr. Grove stated that his predecessor had made a " guesstimate"
of 1500-2000.
City Attorney Post stated that this Emergency Ordinance
would require unanimous vote on the waiver of full reading
of the ordinance and -four affirmative votes on the
adoption of the ordinance. He -also advised that the two
projects awaiting building<permits would be ineligible to
receive these permits if this moratorium is enacted - they
would have no vested right to proceed. When questioned by
Council, Mr. Post also advised that the City has the right
to withhold demolition permits during period of this
Emergency Ordinance.
Minutes, 6-12-84
r
Mr. Post stated that the rationale for withholding
demolition permits is that it could lead to a use which
would be inconsistent with the proposal to merge the lots.
During the interim period, if it could be determined that
the purpose for the demolition was not inconsistent with
the merger ofthe lots, an exception could be made for that
purpose. He also noted that ownership is determined at the
time notices are sent out of the intent to merge. Any
transfer occuring after that time is not recognized.
Speaking from the audience were:
In favor -
Bob Fleck, 620 - 24th Place, spoke on behalf of over 300
Hermosa Beach residents who ask for a moratorium on
separation of combined lots. He read a statement into
the record including highlights of sections of the
General Plan and the California Government Code.
Councilman Wood advised that he has had a fiduciary.
relationship with the next speaker and requested a ruling
from the City Attorney as to a conflict of interest.
City Attorney Post stated that what Council is considering
affects the general public and, therefore, does not
constitute a financial interest.
Speaking against the emergency ordinance:
Mark Cavanaugh, 944 14th Place, stated he felt that
this issue has no affect on the public safety, health
or welfare. He presented a map of the City to the Council
with potential lots marked. He noted there were
approximately 200 lots available of which
70% have existing houses on them worth more than the lots.
Speaking on behalf of Mr. Fred Kasner, one of the
individuals who was denied a building permit because of the
proposed moratorium, was Steve Kaplan. He requested a
special exception for Mr. Kasner's project.
ACTION - To adopt Resolution No. 84-4715 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, INDICATING ITS INTENT TO CONSIDER AMENDING THE
ZONING ORDINANCE TO'LIMIT DEVELOPMENTS OF SUBSTANDARD LOTS
BY IMPLEMENTING THE REQUIREMENTS OF ARTICLES 1.5 AND 1.7 OF
CHAPTER 3, DIVISION 2 -;OF TITLE 7 OF THE CALIFORNIA
GOVERNMENT CODE RELATING TO MERGER OF CONTIGUOUS PARCELS
HELD UNDER THE SAME OWNERSHIP."
Motion Barks, second Cioffi
AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch
NOES - None
FURTHER ACTION - To waive full reading of Emergency
Ordinance No. 84-752 entitled "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, BEING AN EMERGENCY ORDINANCE
ADOPTED PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERN-
MENT CODE, PROHIBITING INDIVIDUAL DEVELOPMENT OF LOTS LESS
THAN FOUR THOUSAND FEET IN AREA WHEN SUCH LOTS CONTIGUOUS
TO LOTS HELD BY THE SAME OWNER, FOR A PERIOD OF FORTY-FIVE
DAYS."
Motion Barks, second Cioffi
AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch
NOES - None
FINAL. ACTION - To adopt Emergency Ordinance No. 84-752.
Motion Barks, second Cioffi
AYES - Barks, Cioffi, DeBellis, Mayor Brutsch
NOES - Wood
8. NEIGHBORHOOD 'REQUEST TO CEASE'STREET LIGHTING PROJECT
ARD RE AVENUE (COULD'TO 30TH STREET). Memorandum from
u• is ' 'or s lirector ar es ar sated June 8, 1984.
The staff report was presented by Public Works Director
Clark who showed slides of the affected area.
Coming forward to speak were:
Lynn Weinberg, 2909 Hermosa View Drive - 16 -year resident
feels it will violate view corridor and stated that there
was unanimous agreement among the residents involved
that the absence of light was no problem.
Rene Doublier, 2915 Hermosa View Drive, thanked Mr. Clark
for his professional handling of this matter. He recommends
termination of the project.
PROPOSED ACTION - To continue the lighting project on
Ardmore to completion.
Motion Wood, second DeBellis
AYES - DeBellis,: Wood
NOES - Barks, Cioffi, Mayor Brutsch
Motion fails
ACTION - To terminate the street lighting project on
Ardmore Avenue between Gould Avenue and Thirtieth Street.
The poles that are currently installed are to be exempt.
Motion Cioffi, second Barks
AYES - Barks, Cioffi, Mayor,Brutsch
NOES DeBellis, Wood "Y
11 . RESOLUT.ION 'OF. INTENT ION 'OF THE 'CITY COUNCIL OF • HERMOSA BEACH
TO:VACATE 15TH STREET FROM A POINT -156.64' 'WEST OF • PACIFIC
COAST.. HIGHWAY .TO A .P01 NT • 556.64' VVES1T 'OF •PACIFIC CAST
NiUHWAY. -Memorandum from Public Works Director Charles
Clark dated June 6, 1984.
-10-
Minutes 6-12-84
Public Works Director Clark presented the staff report.
ACTION - To approve Resolution of Intention No. 84-4716
entitled "A REOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER
THE CLOSING UP, VACATING AND ABANDONMENT OF A PORTION OF
FIFTEENTH STREET AS HEREIN PARTICULARLY DEFINED, IN SAID
CITY."
Motion Mayor Brutsch, second Barks
AMENDMENT TO MOTION - To include a negative declaration
of Environmental Impact on the Resolution of Intention.
Motion DeBellis - accepted by both the maker of the motion
and the second.
AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch
NOES - None
Mayor Brutsch opened the Public Hearing on item 6 - 1ST PUBLIC
HEARING RE 1984-85 BUDGET and continued said Public Hearing to
the Regular Adjourned Meeting of June 18, 1984.
ADJOURNMENT
The City Council of the City of Hermosa Beach, on a motion by
Councilman Barks, adjourned at 11:30 P.M. on Tuesday, June 12,
1984, to a Regular Adjourned Meeting to be held on Monday,
June 18 at the hour of 7:30 P.M. to continue withthe remainder
of the items on this agenda (items 6, 9, 10, 12, 13, 14, 15,
and 16) and to discuss the Proposed Biltmore Hotel Development
Agreement.
Minutes 6-12-84