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Home My WebLink About05/08/84"COMMON SENSE I_S INSTINCT. ENOUGH OF IT IS GENIUS." -George Bernard Shaw AGENDA REGULAR MEETING OF THE HERMOSA BEACH'.CITY COUNCIL Tuesday, May 8, 1984 - Council Chambers, City Hall Closed Session - 6:00 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 matter, pllease give their name and address for the record. Any complaints against the City Council, City Management, or deport - mental 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 Cleft. PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS: ;,, National Pei Week, May 6 - 12, 1984 Mun=ioipal Clerks Week, May 13 19, 1984 Occupational Therapy Week, May 7 - 11, 1984 Correct Posture Month, May,.1984 National Insurance Women's Week, May 20 - 26, 1984 1. CONSENT CALENDAR: The following routine matters will be a ted upon by one .vote to approve -with the majority consent of t e City Council. There will be no separate discussion -of -these items unless good cause is shown by a member prior to the roll call.vote. (Items removed will be considered after Municial Matters.) (a) Approval of Minutes: Regular adjourned meeting of the -Cit Council held on April 17, 1984. Recommended Action: To approve minutes. (b) Approval of Minutes: Regular meeting of the City Council held on April 24, 1984. Recommended Action: To approve minutes. (c) Demands & Warrants: May 8, 1984 Recommended Action: To approve Demands and Warrarits Nos. through inclusive. r Y City ,Council Agenda _ May 8;, 1984 Consent Calendar (Continued) (d) City Treasurer's Report: March, 1984 Recommended Action: To receive and file. (e) Revenue Reporting: March, 1984 Recommended Action: To receive and file. (f) Expenditure Reporting: March, 1984 Recommended Action: To receive and file. (g) City.---Manag6r:l Activity Report: -i Memorandurh fr.om..City 'Manager Gregory T. Meyer dated May 2, 1984. Recommended Action: To receive and file. (h) ''State-Legislati,ve Matters. Memorandum from City Manager G egory T. Meyer dated April 23, 1984. Recommended Action: To approve staff recommendation. J(i) Report on Parking Citation Amnesty Program. Memorandum from General Services Director Joan Noon dated May 1, 1984. ( Recommended Action: To receive and file. ^(.j) Traffic::&, Engineering .Survey Establish'ing:;Speedr)Limits o.n CH. Memo- randum from Public Works Director Charles Clark dated May , 1984. Recommended Action: To approve staff recommendation. (k)Call for Bids: For publication of City Advertising (legal notices) Display Ads - July'1, 1984 through June 30; 1985. Memorandum from City Manager Gregory" T..;Meyer 'dated Apx•il '26 �'1984. Recommended Action: To approve recommendation of City Clerk. (1) Specifications .'for Strand Reconstruction. Memorandum from Public Works Director:Charles Clark dated May 3, 1984. Recommended Action: To approve specifications. (m) Resolutions Approving Lighting AssessmOnt.'Ingineer:Repo±t nd setting Date for Public Hearing on 1984-85'Hermosa Beach Lighting District. Memorandum from Public Works Director Charles C ark dated May 1, 1984. Recommended Action: To approve resolutions. (n) Claim for Damages: Tort Claim - Arthur Michael Mkitarian, 62:5 Avenida Mirala, Palos.Verdes Estates, 90274, filed April 3), 1984. Recommended Action: Refer to City's insurance carrier. (o) Request for approval of revised Engineering Technician spe ifications. Memorandum from Public Works Director Charles Clark dated Zay.3, 1984. Recommended Action. To approve revise c ass specs ica i (t) Tentative Future Agenda :Items. . Recommended Action: To-rece-i-v& ands file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC. -2- City Council Agenda - May 8, 1984 PUBLIC HEARINGS 3. APPEAL OF THE BOARD OF ZONING ADJUSTMENTS DECISION GRANTING A VARIANCE AT 428 LONGFELLOW AVENUE. Michael & Diana McInto.h, Appellants. Memorandum from Building and Safety Director illiam Grove dated May 2, 1984. 4. PROPOSAL FOR A HOTEL ON THE BILTMORE SITE AND DOWNTOWN ARE WITH ADJACENT PARKING STRUCTURE: DRAFT EIR, SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT) AND DEVELOPMENT AGREEMENT. a. Memorandum from Planning Director Pamela Sapetto dated April 26, 1984, and minutes of the Planning Commission meeting of April 12, 1984. b. Certification of the Final EIR. c. Approval of a Specific Plan and Local Coastal P.la amendment for the project site, with Ordinance: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH WHICH ADOPTS A SPECIFIC PLAN TO REGULATE DEVELOPMENT IN THE DOWNTOWN AREA BETWEEN 15TH & 13TH STREETS AND THE STRAND AND HER- MOSA AVENUE AS INDICATED ON EXHIBIT 1 AND LEGALLY DESCRIBED IN EXHIBIT 2." d. Financial feasibility and design for parking structures on Lot B and Community Center. e. Discussion and future direction to staff regard- ing,Development Agreement, Option to Lease and Ground Lease. f. Request for additional City Council meeting on May 16, 1984. Letter dated May 4 from developer Joe Langlois, Greenwood -Langlois. 5. PROPOSED ORIDINANCE RE. COASTAL PERMIT ISSUANCE. PROCEDURES Memo- randum from Planning Director Pamela Sapetto dated May 3, 984. MUNICIPAL MATTERS 6. PROPOSED ORDINANCE AMENDMENT TO PRROVIDE FOR COLLECTION OF REFUSE CHARGES BY COUNTY TAX ASSESSOR. Memorandum.from Building nd Safety Director William Grove dated May 3, 1984. 7. POLICE STAFF REPORT ON PRE-SCHOOL INSPECTIONS, REQUESTED B .'MAYOR BRUTSCH APRIL 24; AND RECOMMENDED CRIME PREVENTION ALTERNA IVE APPROACHES. Memorandum from Police Chief Frank Beeson dat d May 1, 1984. 8. CLASS SPECIFICATION FOR PUBLIC WORKS DIRECTOR. Memorandum from City Manager Gregory T. Meyer dated May 1, 1984. 01 10. REPORT RE. ACQUISITION OF SURPLUS SCHOOL PROPERTIES. Memorandum from City Manager Gregory T. Meyer dated May 3, 1984. ORDINANCE NO. 84-750 - AN ORDINANCE OF THE CITY;OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19 "MOTOR VEHICLES AND TRAFFI ", REMOVING A PARKING METER AND ESTABLISHING A FIFTEEN MINUTE LIMIT PARKING ZONE AS HEREINAFTER SET FORTH (HERMOSA AVENUE ON TIE NORTH SIDE OF FOURTEENTH STREET). For waiver of further reading and adoption. -3- City,Council Agenda - May.B, 1984 w 11. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 12. MISCELLANEOUS ITEMS & REPORTS - CITY MANAGER a) Request for Closed Session 5/22 .13. MISCELLANEOUS ITEMS & REPORTS - CITY COUNCIL a) League Legislative Conference b) City Council Reorganization c) Railroad right-of-way Subcommittee Report 14. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY�NA 15. OTHER MATTERS - CITY COUNCIL Upcoming Vacancies - Board & Commissions. Memorandum from City Clerk Kathleen Reviczky. ADJOURNMENT 'URE. 4 � � "COMMON SENSE IS INSTINCT._ .ENOUGH OF IT IS GENIUS." .-George Bernard Shaw AGENDA REGULAR MEETING OF THE HERMOSA BEACH"CITY COUNCIL Tuesday, May 8, 1984 - Council Chambers, -City Hall Closed Session - 6:00 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 matter, please give their name and address for the record. Any complaints against the City Council, City Management, or de art - mental 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 ir the Police Department, Public Library and the Office'of the City C1 rk. ---------------- ---------------------------- ------------------------ PLEDGE ----------------- --_-PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS:,. ;National Pet Week, May 6 - 12, 1984. Munx(�ipal Clerks Week, May 13 - 19, 1984 Occupational Therapy Week, May 7 - 11, 1984 Correct Posture Month, May, -1984 National Insurance Women°s'Week, May 20 - 26, 1984 1. CONSENT CALENDAR: The following routine matters will be acted upon by one .vote to approve with the majority consent of the City Council: There will be no separate discussion _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 adjourned meeting of the City Council held on April 17, 1984. - Recommended -Action: To approve minutes. (b) Approval'of Minutes_: Regular meeting of the City Council held on April 24, 1984. Recommended Action: To approve minutes. (c) Demands & Warrants: May 8, 1984 'Recommended Action: To approve Demands and Warrarits Nos. through inclusive. w M City.Council Agenda - May 8,'1984 Consent Calendar (Continued) (d) City Treasurer's Report: March, 1984 Recommended Action: To receive and file., (e) Revenue Reporting: March, 1984 .Recommended. -Action: To receive and file. (f) Expenditure Reporting: March, 1984 Recommended Action: To receive and file. (g) City:- tanager: Activity Report:: Memorandum from City ilanagr Gregory T. Meyer dated May 2, 1984. Recommended Action: To receive and file. (h) State-Legislative'Matters. Memorandum from City Manager Gregory T. Meyer.dated April 23, 1984. Recommended Action: To approve staff recommendation. (i) Report on Parking Citation Amnesty' Program. Memorandum from General Services.;.Director Joan Noon dated May 1,-,1984. PULLED FROM CONSENT, THEN APPROVED'W'JO DISCUSSION' RecommendedAction: To receive and file. (j) Traffic: ;&. Engineering Survey Establishing- Speed :Limits on PCH.' Memo- randum from Public Works Director Charles Clark dated May 2, 1984. .CONTINUE TO 5/22 WITH REPORT BACK RE. SPEED LIMITS ON ADJACENT STREETS:;:;%': Recommended Action: To approve staff recommendation. (k) Call for Bids: For publication of City Advertising (legal notices Display Ads 'Jli.ly '1, '1984 through June 30; 1985. Memorandum from City Manager Gregory"T..'Meyer-dated April 26, 1984. Recommended Action: To approve recommendation of City Cl rk. (1) Specifications for Strand'Reconstruction. Memorandum from Works Director Charles Clark dated May 3, 1984. Recommended Action: To approve specifications. (m) Resolutions Approving Lighting Assessment.Erigineer Report setting Date for Public -Hearing on 1984=85 Hermosa Beach District. Memorandum from Public.Works Director Charles dated May 1, 1984. Recommended Action:. To approve resolutions. (n) Claim for Damages: Tort Claim - Arthur Michael Mkitarian Avenida Mirala, Palos Verdes Estates, 90274, filed April Recommended Action: Refer to City's insurance carrier. Public and ightin lark 625 , 1984. (o) Request for approval of revised Engineering Technician spocification!i Memorandum from Public Works Director Charles Clark datedlMay 3, 1984 Recommended Action:` To approve revised class specificati (p) Tentative Future'Agenda:Items. Recommended Action: To'receive and -file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC.0 -2- 60 7. POLICE STAFF REPORT ON PRE-SCHOOL INSPECTIONS, REQUESTED BAY MAYOR BRUTSCH APRIL 24; AND RECOMMENDED CRIME PREVENTION ALTERNATIVE APPROACHES. Memorandum from Police Chief Frank Beeson dated May 1",-1984.-,,-.-,;. REFER TO; POLICE'RELATIONS COMMITTEE 8. CLASS SPECIFICATION FOR PUBLIC WORKS DIRECTOR. Memorandun from City Manager Gregory T. Meyer; dated May 1, 1984. APPROVE STAFF RECOMMENDATION 9. REPORT RE. ACQUISITION OF SURPLUS SCHOOL PROPERTIES. Memorandum from City Manager Gregory T. Meyer dated May 3, 1984. OK #1 & #2 CM REC.'PLACE #4 ON NOV. BALLOT,I. 10. ORDINANCE.NO. 84-750 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19 "MOTOR VEHICLES AND TRAFFIC", REMOVING A PARKING METER AND ESTABLISHING A FIFTEEN MINUTI, LIMIT PARKING ZONE AS HEREINAFTER SET FORTH (HERMOSA AVENUE ON UHE NORTH SIDE OF FOURTEENTH STREET). For waiver of further readin and .adoption. ADOPT ORDINANCE NO'.84-750(5-0) PUBLIC HEARINGS 3. APPEAL OF THE BOARD OF ZONING ADJUSTMENTS DECISION GRANTIT VARIANCE AT 428 LONGFELLOW AVENUE. Michael & Diana McInt< Appellants. Memorandum from Building and._.Safety Director Grove -dated May 2, 1984. DEN I ED ' APPEAL ` . & UPHELD 'B ZA '.DECISION •1 B ILTMORE SITE, AND DOWNTOWN ART ADJACENT PARKING STRUCTURE: DRAFT EIR, SPECIFIC PLAIT (LO( COASTAL PLAN AMENDMENT) AND DEVELOPMENT AGREEMENT., AND AP] PLANNING COMMISSION RECOMMENDATIONS. a. Memorandum from Planning Director Pamela Sapetto dated April 26, 1984, and minutes of the Plannin€ Commission meeting of April 12, 1984. b. Certification of the Final EIR. CONT..TO 5/22,! ALSO -SEE ATTACHED c. Approval of a Specific Plan and Local Coastal Ply amendment for the project site, with Ordinance: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH WHICH ADOPTS A SPECIFIC PLAN TO REGULATE DEVELOPMENT IN THE DOWNTOWN AREA BETWEEN 15TH & 13TH STREETS AND THE STRAND AND HER- MOSA AVENUE AS INDICATED ON EXHIBIT 1 AND LEGALLY DESCRIBED IN EXHIBIT, 2." d. Financial feasibility and design for parking stri on Lot B and Community Center.. e.• Discussion and future direction to staff regard- ing Development Agreement, Option to Lease and Ground Lease. f. Request for additional City Council meeting on May 16, 1984. Letter dated May 4 from developer Joe Langlois, Greenwood -Langlois. 5. PROPOSED ORDINANCE RE. COASTAL PERMIT ISSUA9M PROCEDURE randum from Planning Director Pamela Sapetto dated May 3, APPROVE STAFF REC. W/AMEND."NOTICING BE BORNE BY APPLICANT"'& WORD ' MUNICIPALMATTERS REMOVED IF POSSIF G A sh , William A WITH n OF tures . Memo - 1984. NOMINAL" LE. 6. PROPOSED ORDINANCE AMENDMENT TO PROVIDE FOR COLLECTION OF REFUSE CHARGES BY COUNTY TAX ASSESSOR. Memorandum from Building-and— Safety Director, William Grove dated Mays 3;.1984:' RETURN TO STAFF FOR. - DAYS W/INFO ON_"COST- OF COLLECTION FEE BY COUNTY. ARRANGE -BUS.:COMM /IBF.I .`.MTG::':i`";'. -3- Zd City Council Agenda - May 8, 1984 11. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 12. MISCELLANEOUS ITEMS & REPORTS - CITY MANAGER a) Request for Closed Session 5/22 OK 6:30 p.m. 13. MISCELLANEOUS ITEMS & REPORTS - CITY COUNCIL a) League Legislative Conference R & F b) City Council Reorganization CONT. 5/22 c) Railroad right-of-way Subcommittee Report d) PROCEED W/LITIGATION AGAINST:.TAGUE RE. CITY OVERPAYMENT 14. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NPTURE. 15. OTHER MATTERS - CITY COUNCIL Upcoming Vacancies - Board & Commissions. Memorandum from City Clerk Kathleen Reviczky. ADJOURNMENT MAYOR BRUTSCH APPOINTED TONY DEBELLIS TO -:JOIN GEORGE -BARKS INJ MEETINGrWITH 27TH STREET ENVIRONMENTAL PROTECTION GROUP. 'CHA LE: CLARK TO SET UP MEETING: RE. AGENDA ITEM #4: REPORT FROM OUR FINANCIAL CONSULTANT SHOWING THE FINANCIAL COST EFFECTIVE FEASIBILITY OF THIS PROJECT. WHAT RISK WE ARE TAKING WHAT IMPACT ON CITY CREDIT RATING IF IT FAILS WHAT ASSUMPTIONS USED TO MAKE FINANCIAL PROJECTION YEAR ONE THROUGH YEAR TEN VERIFIED BY OUR FINANCIAL CONSULTANT. AT WHAT.. -POINT DO THE SQUARE FOOTAGES STOP CHANGING & WHAT.RELATIONSHIP THOSE CHANGES HAVE TO THE EIR. DEBELLIS CONCERNED ABOUT CONFLICTING ORDINANCES ON HEIGHT. v Y- B` • INTER -OFFICE x%h TO: All Department Heads DATE_ May 4.,- 1,984 SUBJECT- May 22nd City Council Meeting FROM. Gregory T. Meyer, City Mgr. All agenda items for this City Council meeting are.due in the City Manager's office no later than 10 a.m. Tuesday, May 15. No exceptions, no grace, no nothing. These agenda materials will be distributed to the City Council on the evening of May 16. This change in schedule. is necessary because the City Council will be attending the League New Councilmembers Seminar May 17-19. Gr or T Meyer Ci gManager GTM/ld May 2, 1084 Honorable Mayor and Members City Council Meeting of the City Council of May 8, 1984 TENTATIVE FUTURE AGENDA ITEMS May 10, 1984 45 minute presentation from Management Services Institute re. City cost centers, fees and charges, etc. Study session re. modifications to City permits, fees, franchises, etc. May 22, 1984 Land Use Element Amending parking standards to include provisions for compact parking spaces: PEIR Report from City Manager on pre -releases Public hearing re. Lighting Assessment District 1984-85 Public hearing re. appeal from denial of zone change - 2604 Hermosa Ave. Short Range Transit Plan Report from RCC Executive Director re. concept of a multi-year binding commitment for the JPA Advocacy position re. Prop. 18, June 1984 Statewide ballot Redraft of agreement for independent contractor/employee Report from General Services on implementing recommendations from hearing officer re. parking enforcement Report on balancing budget without use of money from sale of city. property Possible VPD Assessment District West Side of PCH, between 4th & Herondo June 7, 1984 Budget workbhop re. City Manager's proposed 1984-85 budget June 12, 1984 Award of Bid - Workers Compensation Insurance, 1984-85 1984-85 RCC Budget' Appropriate documents for Political Activities ballot measure 1st Public hearing re.: 1984-85 Budget General Revenue Sharing 84-85 - Continued s `� City Council.Meeting of May 8, 1984 Re: Tentative Ftiture Agenda Items Page 2 June 26, 1984 F 2nd Public Hearing re.: 1984-85 Budget General Revenue Sharing 84-85 Future items - Date not yet set Report re. City Treasurer reporting to Council on investments ..,w/report from City Attorney (City Treasurer may file a report recommending what she sees as a vehicle for communication). Encroachment permit reviews - La Playita & Fat Face Fenners Falloon Plan of action for outside assistance to Finance Administrator Status report re. Grants Report on computerization of City Treasurer trust funds, including VPD implementation. Report on computerization of investment accounts, time certificates of deposit, savings accounts and special bank accounts. May 2, 1984 Honorable Mayor and Members City Council Meeting of the City Council of May 8, 1984 TENTATIVE FUTURE AGENTDA ITEMS May 10, 1984 45 minute presentation from Management Services Institute re. City cost centers, fees and charges, etc. Study session re. modifications to City permits, fees, franchises, etc. May 22, 1984 �/---Land Use Element Amending parking standards to include provisions for compact parking spaces: PEIR Report from City Manager on pre -releases X� Public hearing re. Lighting Assessment District 1984-85 Public hearing re. appeal from denial of zone change - 2604 Hermosa Ave. •.-" Short Range Transit Plan Report from RCC Executive Director re. concept of a multi-year binding commitment for the JPA Advocacy position re. Prop. 18, June 1984 Statewide ballot Redraft of agreement for independent contractor/employee Report from General Services on implementing recommendations from hearing officer re. parking enforcement Report on balancing budget without use of money from sale of city property Possible VPD Assessment District `Vest Side of PCH, between 4th & Herondo June 7, 1984 Budget workshop re. City Manager's proposed 1984-85 budget June 12, 1984 Award of Bid - Workers Compensation Insurance, 1984-85 1984-85 RCC Budget Appropriate documents for Political Activities ballot measure 1st Public hearing re.: 1984-85 Budget General Revenue Sharing 84-85 - Continued - *" City Council.Meeting of May 8, 1984 Re: Tentative Future Agenda Items Page 2 June 26, 1984 2nd Public Hearing re.: 1984-85 Budget General Revenue Sharing 84-85 Future Items - Date not yet set Report re. City Treasurer reporting to Council on investments w/report from City Attorney (City Treasurer may file a report recommending what she sees as a vehicle for communication). Encroachment permit reviews - La Playita & Fat Face Fenners Falloon Plan of action for outside assistance to Finance Administrator Status report re. Grants Report on computerization of City Treasurer trust funds, including VPD implementation. Report on computerization of investment accounts, time certificdtt, ` of deposit, savings accounts and special bank accounts. MINUTES OF THE REGULAR ADJOURNED MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 17, 1984 at the hour of 7:30 P.M. PLEDGE OF ALLEGIANCE - Councilman Schmeltzer ROLL CALL Present: Barks, Schmeltzer, Webber, Wood, Mayor Brutsch Absent: None GENERAL MUNICIPAL ELECTION, APRIL 10, 1984 - DECLARATION OF RESULTS ACTION - To adopt Resolution No.84-4698 entitled "A RESOLUTION OF THE CITY COUNCIL OF_THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON APRIL 10, 1984, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW." Motion Barks, second Wood AYES - Barks, Schmeltzer, Webber, Wood, Mayor Brutsch NOES - None PRESENTATION OF RESOLUTIONS TO OUTGOING ELECTED OFFICIALS (COUNCILMAN SCHMELTZER, COUNCILWOMA'y WEBBER, CITY CLERK MALONE) Resolutions were presented to the outgoing elected officials as follows: Senator Robert G. Beverly's Officg,_- Ken Bell Assemblyman Gerald Felando's Office - Ken Bell Supervisor Deane Dana's Office - Leah Jeffries PRESENTA'T'ION OF PLAQUES AND RESOLUTIONS OF APPRECIATION FROM THE CITY OF HERMOSA BEACH TO OUTGOING ELECTED OFFICIALS Mayor Brutsch presented Councilman Schmeltzer, Councilwoman Webber and City Clerk Malone with plaques and resolutions representing the City's appreciation of their outstanding contribution, concern and dedication. FLORAL TRIBUTES AND GIFTS Floral tributes were presented to the outgoing elected officials by Ben Wasserman on behalf of the Hermosa Beach Chamber of Coy-merce, and flowers were presented to Councilwoman Webber and City Clerk Malone and a gift to Councilman Schmeltzer on behalf of the City Council by Councilman Barks. All honorees expressed their gratitude for resolutions and gifts presented. ROLL CALL Present: John A. Cioffi Tony DeBellis Norma Goldbach Kathleen Reviczky OATH OF OFFICE - CERTIFICATE OF ELECTIOZ, Charlotte Malone, City Clerk, administered the "OATH OF ALLEGIANCE FOR PUBLIC OFFICERS AND EMPLOYEES" to John A_ Cioffi, Anthony DeBellis, newly elected Councilmembers, Norma Goldbach, reelected City 'Treasurer, and Kathleen Reviczky,-newly elected City Clerk, presenting each with a Certificate of Election. The new officers assumed their seats amid applause and congratulations. STATEMENTS OF NEW COUNCILMEMBERS AND NEW CITY CLERK Statements were made by Councilman DeBellis, Councilman Cioffi and City Clerk Reviczky. A recess was called at 8:15 P.M. The meet reconvened at 8:25 P.M. 1. CONSENT CALENDAR ACTION - To approve the Consent Calendar, items (b) throuch (t) noting than item (a) was not availab'_- and the following items were pulled for separate discussion.but are listed in order for clarity: items (b) , (g., _, (j) '(n) and (q) by Councilman Barks and (c) and (k) by Councilman Wood. (a) Demands & Warrants: April 17, 1984. Not available. (b) Status Report re SB 1426 (Agency Shop re Management). Memorandum from Gregory T. Meyer, City Manager, dated March 29, 1984. ACTION -,To authorize the Mayor to execute a letter to Senator Beverly's office stating the City's opposition to SB 1426 and to have the City Clerk do notification, this to be coordinated with the City Manager's office, and that we continue to proceed to oppose this bill, with the recommendations of Senator Beverly's office and the League of California Cities. Motion Wood, second Barks. So ordered_ (c) Report re Necessary Repairs of Police .Department Jail to Meet County and State Requirements. Memorandum from Police Chief Beeson dated April 11, 1984. -2- Minutes 4-17-84 CONSENT CALENDAR (continued) PROPOSED ACTION - To approve the expenditure to make the necessary repairs to the jail and to place it in next year's budget. Motion Wood, second Mayor Brutsch (discussion) SUBSTITUTE MOTION - To adopt the staff recommendation authorizing necessary repairs and renovation of the Police Department jail to meet County and State requirements, the total cost to be $10,000 to be funded from Prospective Expenditures Account. Motion Barks, second Cioffi Vote to make substitute motion the main motion. AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood Vote on Substitute Motion AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood (d) Claim for Damages: David Thiessen, 3635 Garnet #206, Torrance, 90503, State Farm Insurance, 13637 Hawthorne Boulevard, Hawthorne, 90250, filed March 27, 1984. ACTION - To deny claim and refer to this City's insurance carrier. (e) Claim for Damages: Mark Van_Slooten, 414 - 2nd Street, #103, filed March 29, 1984. ACTION - To deny claim and refer to this City's insurance carrier. (f) Claim for Damages: Jennifer Jo Vincelli, 1578 Bridgegate Street, Westlake Village, 91361, represented by Sheldon Cohen, Brennan & Cohen, 15915 Ventura Boulevard, P-2, Encino, CA 91436, filed April 3, 1984. ACTION - To deny claim and refer to this City's insurance carrier. (g) Letter from Storer Cable T.V. dated April 2, 1984. ACTION - To communicate to Storer that when applicable, Redondo Beach High School be included when reference is made re area high schools. Motion Barks, second Cioffi AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None FURTHER ACTION - To have the City Council meetings and certain Commission meetings taped and aired on TV - the City Manager to come back to Council with a report as part of the Budget hearings. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood -3- Minutes 4-17-84 CONSENT CALENDAR (continued) (h) Request for Additional Appropriation for Slurry Seal Project CIP 181. Memorandum from Public Works Director Charles Clark dated April 9, 1984. ACTION - To appropriate an additional $25,000 from the Fund 09 State Gas Tax Fund to CIP 181 (09-59112-3015) for the purpose of covering additional expenses incurred in the slurrying of Hermosa Avenue and Pier Avenue as well as other expenditures related to the slurry sealing project. (i) Request for Additional Appropriations to Sewers and Storm Drain Improvement Account. Memorandum from Public Works Director Charles Clark dated April 6, 1984. ACTION - To authorize the appropriation of $25,000 from the fund 50 Capital Improvement Fund to Capital Improve- ment Project 113 - (50-59112-6010) which provides for the upgrading and installation of new and existing sewers and storm drains. (j) Job Specification: Planning Aide to Planning Assistant. Memorandum from Planning Director Pamela Sapetto dated April 5, 1984. ACTION - The job specification for Planning Assistant, Employment Standards section, to be changed to read "B.A. degree in Planning or related field, and at least one year experience in the planning field..." and then approve staff recommendation -amending job specification. Motion DeBellis, second Barks AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood (k) SWITERS 1983 Annual Report-. Memorandum from City Manager Gregory T. Meyer dated April 10, 1984. ACTION - (1) Commend the Police Department for the decline in traffic -related incidents. (2) Send a copy of this report to Mr. Toman of the 27th Street Environmental Protection Association. (3) Send a copy of this report to the press. Motion Wood, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None (1) Police Activity Report, March 1984. Memorandum from City Manager Gregory T. Meyer dated April 9, 1984. ACTION - To receive and file. -4- Minutes 4-17-84 CONSENT CALENDAR (continued) (m) Status Report re School District Parcels. Memorandum from City Manager Gregory T. Meyer dated April 12, 1984. ACTION - To receive and file. (n) Tentative Future Agenda Items. Memorandum from City Manager Gregory T. Meyer dated April 6, 1984. ACTION - To reschedule to May 8 and May..10 the following agenda items to accommodate Councilman DeBellis who will be on vacation at that time. 1. Management Services Institute presentation -(to 5/10) 2. Possible VPD Assessment District. 3. City Council reorganization. 7. Coastal Overlay District 11. Purchase of school properties. 12. Hotel Development Agreement. Motion Barks, second Mayor Brutsch (discussion) AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood The first budget workshop, scheduled for June 6, 1984, was rescheduled to June 7, 1984 at 6:30 P.M. to accommodate Councilman DeBellis who will not be available due to business commitments. Councilman Wood will not be avail- able on either date but declined to ask for a change in date. PROPOSED ACTION - To have staff report back to Council regarding recommendations regarding Zoning Code changes (new design standards); preservation of older and non- conforming structures and how to proceed. Motion Barks, second Mayor Brutsch Withdrawn by the maker with the concurrence of the second. City Manager Meyer advised that there is a need for additional Council direction in the form of a workshop. FURTHER ACTION - To send a Resolution of Intention - Resolution No. 84-4699 - to the Board of Zoning Adjustments and the Planning Commission to review the sections of the code with regard to the non -conforming buildings for reasons of setbacks, sideyards and parking with regard to the percentage of building construction allowed without a variance. Motion Wood, second Mayor Brutsch (discussion) AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None Prior to the vote, coming forward was Hank Doerfling, 1011 - 2nd Street stating he did not feel this was the correct usage of a Resolution of Intention. City Attorney Post felt this Resolution of Intention would start the process with this generalized direction. -5- Minutes 4-17-84 CONSENT CALENDAR (continued) (o) Creation of Non -Profit Corporation re Police Pistol Range. Memorandum from Police Chief Frank Beeson dated April 11, 1984. ACTION - To approve, in concept, the incorporation of the police pistol range in order to defray operational costs, improvements and to provide a NEW source of revenue for the City. (p) 1984-85 Hermosa Beach Lighting District. Memorandum from Public Works Director Charles Clark dated April 6, 1984. ACTION - To adopt Resolution No. 84-4702 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF STREET LIGHTING FIXTURES, APPURTENANCES AND APPURTENANT WORK, AND THE MAINTENANCE THEREOF IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30, 1985" which directs staff to meet with the City's Lighting Assessment Engineer and begin preparation of the 1984-85 Lighting District. (q) Report re City Control over Sale of Fireworks. Memorandum from Fire Chief Ronald Simmons dated April 11, 1984. ACTION - To adopt Resolution No. 84-4703 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH SUPPORTING THE CONCEPT OF LOCAL REGULATION OF FIREWORKS" with the addition of a section indicating the City's support of the League of California Cities' recommends -i.on to support SB 2333 (Roberti) and SB 2334 (Ellis) which give the cities the authority to regulate the sale of fireworks, and to request the City Attorney to write a letter in support of the San Jose petition and send it to the California Supreme Court. Motion Barks, second Mayor Brutsch AYES - Banks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood (r). Creation of Red Zone - 344 Block of Highland Avenue. Memorandum from Public Works Director Charles Clark dated April 10, 1984. ACTION - To adopt Resolution No. 84-4702 entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA., AMENDING PARKING RESOLUTION N.S. 2435, ESTABLISHING A "NO PARKING" ZONE AS HEREINAFTER SET FORTH" (Highland Avenue - east side from a point 39' to 55' south of the south curb of 34th Street). -6- Minutes 4-17-84 CONSENT CALENDAR (continued) (s) Establishment of 15 -Minute Green Zone - West Side of Manhattan Avenue South of Greenwich. Memorandum from Public Works Director Charles Clark dated April 11, 1984. ACTION - To adopt Resolution No. 84-4700 entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING PARKING RESOLUTION N.S. 2435, ESTABLISHING A "FIFTEEN MINUTE LIMIT PARKING ZONE" AS HEREINAFTER SET FORTH" (Manhattan Avenue - west side from a point 26' to 46' south of the southerly curb line of Greenwich Avenue) . (t) Monthly Report re Animal Control. Memorandum from General Services Director Joan Noon dated April 12, 1984. ACTION - To receive and file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC None PUBLIC HEARINGS 3. APPEAL OF DENIAL BY THE BOARD OF ZONING ADJUSTMENTS FOR A VARIANCE AT 37 - 20TH STREET. Mr. & Mrs. Allan White, Appellants. Memorandum from Building & Safety Director William Grove dated April 11, 1984. Councilman Wood declared a conflict of interest and left the dais. The staff report was presented by Building Director William Grove who showed slides of the property under consideration. The Public Hearing was opened. Coming forward to speak were: Cathy Anderson May representing Mr. & Mrs. Allan White, Appellants, stressing the following facts: Main problem - setbacks on second level Zoned R-2 - could have two units - exceptional circumstance Previous variance issued but expired This request reduces density, increases parking Support of upper floor difficult with setbacks Existing structure has existed for some time with sub- standard setbacks (30-40 years) City Attorney Post stated that ideally the criteria for granting a variance is based on how is this property unique in relation to its neighbors. Would you grant the request of a neighbor for the same request without a variance? Allan and Jane White, 37 - 20th Street, stated they purchased the property with the understanding that it could be remodeled. They want to retain the beach cottage look with the upgrading of the property. -7- Minutes 4-17-84 APPEAL - 37 - 20TH STREET (continued) Don Anderson - 43 - 20th Street - neighbor in favor of granting the appellant's request. W. H. Shaw - 49 - 20th Street - feels it would improve the property appearance and strongly supports the project. Ms. Anderson -presented elevations of the proposed building. The Public Hearing was closed. PROPOSED ACTION - To grant the appeal and overturn the decision of the Board of Zoning Adjustments. Motion Barks (discussion), second Mayor Brutsch AYES - Cioffi, Mayor Brutsch NOES - Barks, DeBellis ABSTAIN _ Wood Motion fails. Prior to the vote on the above motion, Fire Chief Simmons stated that 2/5ths of the height of a structure is needed for a safe ladder operating angle - thus for a 20-30' building, 8-10' is needed between buildings. City Attorney Post staled that findings should represent factors that have have been received and heard. He recommended findings as follows: �l Previous but expired variance. Plans would lower density, remove a unit, increase parking. Granting the variance would create a situation where you would have an upper story with setbacks and a non- conforming lower story. Support of upper story more expensive and unsightly w/setbacks. Characteristics and esthetics of neighborhood would be maintained. Setbacks were not required when house was originally built. Remedy is to change the law - variance could be granted in anticipation of the change. Ms. May and Mr. White stated reasons for difficulty in compliance on the second level were esthetics, structural difficulty, drainage difficulty and budgeting of project. ACTION - To adopt Resolution No. 84-4704 entitled "A RESOLUTTONT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING THE APPEAL AND GRANTING A VARIANCE AT 37 - 20TH STREET, HERMOSA BEACH, CALIFORNIA" with the condition that the second ;tory meet current setback requirements, the variance to allow over 40% addition to the structure. Motion Barkz, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - None ABSTAIN - Wood Ms. May suggested an alternative which would be to comply with the setback requirement on the West side but permit reduced side yard on the East side. Council took no action. -8- Minutes 4-17-84 MUNICIPAL MATTERS 4. ORDINANCE NO. 84-748 - AN ORDINANCE OI' THE CITY OF HERMOSA BEACH, CALIFORNIA, ABOLISHING THE HERMOSA BEACH BUSINESS LICENSE REVIEW BOARD. Memorandum from City Clerk Charlotte Malone dated April 9, 1984. ACTION - To waive further reading and adopt Ordinance No. 84-748 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ABOLISHING THE HERMOSA BEACH BUSINESS LICENSE REVIEW BOARD". Motion Wood, second Barks AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSTAIN - DeBellis 5. ORDINANCE NO. 84-749 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF HERMOSA BEACH BY AMENDING SECTION 2-4.5 OF ARTICLE 1, ENACTING AN INCREASE IN THE AMOUNT OF COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 36516 OF THE GOVERNMENT CODE, STATE OF CALIFORNIA. Memorandum from City Clerk Charlotte Malone dated March 29, 1984. ACTION - To waive further reading of Ordinance No. 84-749 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF HERMOSA BEACH BY AMENDING SECTION 2-4.5 OF ARTICLE 1, ENACTING AN INCREASE IN THE AMOUNT OF COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 36516 OF THE GOVERNMENT CODE, STATE OF CALIFORNIA". Motion Wood, second Barks AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None FURTHER ACTION - To adopt Ordinance No. 84-749. Motion Barks, second Wood AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - DeBellis 6. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Pulled were items (b) , (c) , (g) , (j) , (k) , (n) and (q) which are listed in order for clarity. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Request for Closed Session 2/24. Memorandum from City Manager Gregory T. Meyer dated April 12, 1984. ACTION - To withdraw the City Managers request for a closed session on 4/24 and request a closed session for the meeting of 5/8 at 6:00 P.M. Motion Wood, second Mayor Brutsch. So ordered. -9- Minutes 4-17-84 MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (continued AMENDMENT TO ACTION - The City Manager to provide a a review of all litigation covered in closed session for the closed session of May 8. Motion Wood with the concurrence of the second. So ordered. (b) Budget Calendar for 1984-85. Memorandum from City Manager Gregory T. Meyer dated April 12, 1984. ACTION - To approve the Budget Calendar for 1984-85 noting the change of the June 6 meeting to June 7, 1984 at 6:30 P.M. Motion Barks, second Mayor Brutsch. So ordered noting that Councilman Wood will be unable to attend.6/7. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Railroad Right -of -Way Subcommittee Report - Councilman Wood and Public Works Director Clark No meetings were held in March - the next meeting will be held on May 17, 1984 (b) New Mayors & Councilmembers Institute ACTION - To authorize the Mayor., City Council, City Manager and City Attorney to attend the New Mayors and Council Members Conference Thursday thru Saturday, May 17-19, 1984 at the Santa Clara Marriott Hotel, Santa Clara. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood (c) Senate Bill 2216 Allowing County Board of Supervisors to Meet in Closed Session. ACTION - To refer this item to the Legislative Subcommittee of the City Council. Motion Barks, second Mayor Brutsch. So ordered noting the objection of Councilman Wood 9. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN URGENCY NATURE None 10. OTHER MATTERS - CITY COUNCIL (a) Vacancies - Boards & Commissions - Vehicle Parking District No. 1, unexpired term ending April 3, 1985. Mr. Gerard Delin was nominated by Councilman Barks. ACTION - Move to close nomination. Motion Wood, second Barks. So ordered. -10- Minutes 4-17-84 VACANCIES VPD #1 (continued Vote: Wood - Delin DeBellis - Delin Cioffi - Delin Barks - Delin Mayor Brutsch - Delin (b) Smoking on Dais beyond Public Rail - Wood ACTION - Smoking not to be allowed on the dais beyond the public rail. Motion Wood, second Barks AYES - Barks, Cioffi, DeBellie, Wood, Mayor Brutsch NOES - None (c) Prereleased Warrants - Wood Councilman Wood stated it had been brought to his attention that a large number of warrants were being released prior to Council approval. City Manager Meyer stated that he will make available for the meeting of May 8 a listing of the kinds of warrants that have been prereleased. (d) Invoice - City Attorney Post - Wood Councilman Wood questioned charges from City Attorney Post for the hotel agreement - this appeared for the first time and Mr. Wood inquired as to the approximate total amount and if this was a legitimate item. City Manager Meyer stated it was a legitimate item. City Attorney Post stated his estimate was 10-20 hours. (e) Strand Project - Wood Councilman Wood questioned Public Works Director Clark re the Strand Project specifications. Mr. Clark stated specs will be available to Council at one of their next two meetings. (f) Hotel Development and Parking Structure DeBellis (g) Councilman DeBellis requested a timeline schedule for the hotel development and the parking structure. The City Manager will provide this information. Excused Absence -Councilman DeBellis - Barks ACTION - To grant Councilman DeBellis an excused absence for the meeting of April 24, 1984. Motion Barks, second Mayor Brutsch. So ordered. -11- Minutes 4-17-84 OTHER MATTERS - CITY COUNCIL (continued (h) Honorable Body - DeBellis ACTION - To drop the "Honorable Body" reference for the City Council. Motion DeBellis, second Wood AYES - Barks, Cioffi, Wood, Mayor Brutsch (i) Deane Dana Report on Storm Drain Funding - Wood City Manager Meyer stated that a report will be forthcoming from Supervisor Dana as soon as his review of the matter is complete. (j) Quasi -Contract People - Wood City Manager Meyer advised that staff will be back to Council on April with a draft of the suggested contract. ADJOURNMENT On the order of Mayor Brutsch, the City Council meeting of the City of Hermosa Beach was adjourned on Tuesday, April 17, 1984 at the hour of 10:40 P.M. to the next regular meeting to be held on Tuesday, April 24, 1984 at the hour of 7:30 P.M. T -12- Minutes 4-17-84 MINUTES OF THE REGULAR MEETING OF THE CITY COJNCIL of the City of Hermosa Beach, California, held on Tuesday, April 24, 1984 in the Council Chamber, City Hall at the hour o- 7:30 P.M. I ROLL CALL Present: Barks, Cioffi, Wood, Mayor Brutsch Absent: DeBellis (excused absence) 1. CONSENT CALENDAR ACTION - To approve the Consent Calendar, items (a) through (m) with the exception of items (c) pulled by Mayor Brutsch, and (f) and (1) pulled by Councilman Mood, which will be heard as agenda item (8) but are listed in order for clarity. Motion Barks, second Mayor Brutsch. So ordered noting the absence of Councilman DeBellis. (a) Approval of Minutes: Regular meeting of the City Council held on March 27, 1984. ACTION - To approve minutes. (b) Demands & warrants: April 17, 1984 (Continued from. 4/17 meeting.) ACTION - To approve Demands & Warrants `o. 13424 through 13538 inclusive noting prereleased checks 13392, 13395-13397, 13399-13410, 13412-13418 and voided checks no. 13393, 13394, 13398, 13411, 13423. (c) Claim for Damages: Mark R. Steitle, 25206 E. 220th Street, Long Beach, 90810, filed April 18, 1984. ACTION - To reject the claim for damages of Mark R. Steitle for untimely filing and advise him of his recourse to apply without delay to the City for leave to present a late claim_ Motion Wood, second Barks. So ordered. (d) Demands & Warrants: April 24, 1984. ACTION - To approve Demands & Warrants No. 13547 through 13615 inclusive noting prereleased checks 13?20-13=22, 13539, 13541-13544, 13546 and voided checks no. 13540 and 13545. (e) Department of Building & Safety Activity Report - "arch, 1984. Memorandum from Building & Safety Director William Grove dated April 17, 1984. ACTION - To receive and file. (f) Notice of Availability of Surplus City Property. Me-iorandum from Building and Safety Director Williar-i Grove dated April 18, 1984. ACTION - To postpone this item until the first meeting in July. Motion Wood, second Mayor Brutsch n -1- Minutes 4-24-84 CONSENT CALENDAR (continued AMENDMENT TO MOTION - Staff to return on May 8 with a recommendation as to how to handle the shortfall in the budget due to the postponement of this _sale of property. Maker of the motion and the second both concur. AYES - Barks, Cioffi, ',:,food, Maycr Brutsch NOES - None ABSENT - DeBellis (g) Lease Agreement between the City and the National Council of the YMCA of the USA. Memorandum from Community Resources Director Alana Mastrian dated April 16, 1984. ACTION - To authorize the Mayor to sign the lease agreement. (h) Police Crime Statistics - March, 1984. Memorandum from City Manager Meyer dated April 18, 1984. ACTION - To receive and "ile. (i) Management Services Institute Report re Fees and Finances of the City of Hermosa Beach. Memorandum from City Manager Gregory T. Meyer dated April 18, 1984. ACTION - To receive transmittal of report for formal considera- tion on May 10, 1984. (j) Tentative Future Agenda Items. Memorandum from City Manager_ Gregory T. Meyer dated April 19, 1984. ACTION - To receive and file. (k) City Manager Activity Report. Memorandum from Acting City Manager Alana M. Mastrian dated April 19, 1984. ACTION - To receive and file. (1) Request for Additional Loading Zone in Front of Grandview Motor Hotel, 55 - 14th Street. Memorandum from Director of Public Works Charles Clark dated April 19, 1984. ACTION - To approve staff recommendation (1) authorizing the 15 -minute parking restriction and green loading zone in front of the Grandview Motor Hotel but deleting recommendation (2) which would assess a one-time fee for the cost of material and labor involved. Motion Wood, second Barks AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis -2- Minutes 4-24-84 CONSENT CALENDAR (continued FURTHER ACTION - To waive full reading of Ordinance No. 84-750 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19 "MOTOR ti-EHICLES AND. TRAFFIC" REMOVING A PARKING METER AND ESTABLISHII;G A FIFTEEN MINUTE LIMIT PARKING ZONE AS HEREItiAFTER SET FORTH" (Hermosa Avenue on the North side of Fourteenth Street). Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, Wood, "Mayor Brutsch NOES - None ABSENT - DeBellis FINAL ACTION - To introduce Ordinance No. 84-750. Motion Barks, second Wood AYES - Barks, Cioffi, Wood, =Mayor Brutsch NOES - None ABSENT - DeBellis (m) Roberti-Z'Berg Urban Open Space and Recreation Resolution. Memorandum from Planning Director Pamela Sapetto dated April 19, 1984. ACTION - To adopt Resolution No. 84-74066 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR ONE INDOOR, WALL MOUNTED ELECTRIC SCOREBOARD FOR GYMNASIUM". 2. WRITTEN COMMUNICATIONS FROPM THE PUBLIC (a) Letter from Thomas R. Francis, 25 •- Fifteenth Street dated April 20, 1984 - to agenda item 3. (b) Letter from Parker Herriott, 224 - 21_th Street dated April 24, 1984 - to age.aa item 3. (c) Letter from Floyd & Leona Ayers, 1292 Bonnie Brae dated April 23, 1984 - to agenda item 3. (d) Letter from Etta Simpson, 651 - 25th Street re Yost v. Thomas dated April 24, 1984 - to agenda item 10. PUBLIC HEARINGS 3. PROPOSAL FOR A HOTEL ON THE BILTMORE SITE AND DOWNTOWN AREA WITH ADJACENT PARKING STRUCTURE: DRAFT EIR, SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT) AND DEVELOPMENT AGREEMENT. City Manager Meyer requested the City Clerk to note for the record those letters received regarding the Biltmore hotel issue. Those noted were as follows: Thomas Francis - appeal Parker Herriott - appeal Floyd & Leona Ayers - in decision of Planning Commission decision of Planning Commission decision favor of Planning Commission -3- Minutes 4-24-84 PUBLIC HEARINGS - BILTMORE SITE HOTEL (continued) Mr. Meyer asked that these three le';:ters be made a part of the proceedings and, in view of the two letters which request that the Planning Commission's acti=:i be appealed, that as this hearing is continued, staff be directed to further advertise this hearing to constitute the equivalent of an appeal. This would be for purposes of a debate and hearing on May 8. ACTION - To further add to the Public Hearing notice for the hotel on the Biltmore site the fact that it is being appealed by Francis and Herriott, and that in the spirit of cooperation, it will be noticed. It will not fall within the 10 -day requirement for the May 8 meeting but it will have the 300 -foot legal notification. Motion Barks, second Mayor Brutsch AMENDMENT TO MOTION - To request the developer to proceed with the Conditional Use Permit for the puCoose of them processing it concurrently with the Development Agreement. Accepted by the makei of the motion with the concurrence of the second. AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis Prior to the vote on the above motion, City Attorney Post answered questions of Council regarding the granting of Conditional Use Permits stating that if the applicant can meet reasonable conditions for a Conditional Use Permit, there is some obligation on the part of the Council to grant the use. The Public Hearing was opened with Mayor Brutsch asking anyone who would not be able to attend the May 8 meeting to come forward. Upon questioning of Councilman Wood, Mr. & Mrs. Ayers stated they would have no objection to having their letter in favor of the hotel pu'_)lished. Coming forward to speak was Wilma Burt, 1152 - 7th Street who stated that the hotel would be economically good for the City but questioned the granting of extensions on the roof which take it over the 45 -foot height limit (54 feet to the top of the elevator shaft) and the three-story limit (five stories). FINAL ACTION - To continue the Public Hearing open,to include the appeals, to May 8, 1984 at 7:30 P.M. Motion Mayor Brutsch, second Wood. So ordered. -4- M.; nutes 4-24-84 MUNICIPAL MATTERS 4. REPORT ON INDEPENDENT CONTRACTOR/EMPLOYEE STATUS. Memoran- dum from City Attorney Charles J. Post dated March 29, 1984. City Attorney Post presented his concurrence with having contractors of the City such Council. the staff report stressing a contract with independent as the one presented to the Councilman Wood proposed the following considerations: (a) Any person who comes to the City to work as an independent contractor should execute this agreement. (b) There should be some insurance requirements - examine contract for terms of insurance. (c) Individuals must carry Workman's Compensation for themselves and employees. (d) Certain provisions for errors and omissions insurance that assures that there is some method of recovery for the City. (e) Services and performance must be spelled out with a renewability provision. (f) Flexible warranty of service - now have no assurance of recovery. ACTION - To consider the items as spelled out by Council- man Wood above and redraft the agreement, to be returned to Council on May 22, 1984. Motion Wood, second Mayor Brutsch (discussion) AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis 5. PROPOSED BALLOT MEASURE - UPDATE OF CITY RESTRICTIONS ON POLITICAL ACTIVITIES. Memorandum and proposed Ordinance_ from City Attorn-e—y—Charles J. Post dated March 29, 1984. City Attorney Post presented the staff report recommending the submission of the proposed ordinance to the voters at the November 1984 election. ACTION - To place the proposed Ordinance entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS BY THE CITY ODUNCIL REVISING THE LIMITS OF POLITICAL ACTIVITIES OF EMPLOYEES TO CONFORM TO PREEMPTIVE STATE -5- Minutes 4-24-84 PROPOSED BALLOT MEASURE {continued LAWS" on the ballot at the November 1984 election. Motion Mayor Brutsch, second Barks AYES - Barks, Cioffi, Wood, Ma -or Brutsch NOES - None ABSENT - DeBell;.s Prior to the vote on the above, Wilma Burt made a Point of Order regarding NS 211 and a letter from the Attorney General which stated that NS 211 superseded the State Law. City Attorney Post advised Council that his letter does address this issue and the difference between the earlier opinion of the Attorney General and this situation. The earlier issue was whether or not you could remove department heads from Civil Service by a vote of the Council. The State Law was permissive, but here it clearly says this is mandatory and applies to everyone. 6. MEDICAL CLAIMS SETTLEMENT RE BANKRUPT A.B.A. INSURANCE LAN. Memorandum from Personnel Administrator Carol Smith dated April 19, 1984. City Manager Meyer presented the staff report. ACTION - To approve payment of Police Officers Chizmar and Griffitts' claims to Little Company of Mary Hospital prior to April 30, 1984 in the amounts of $618.40 and $3,122.12 respectively, to be charged to Insurance Account #01-7050-41910. Motion Barks, second Mayor Brutsch. AYES - Barks, Cioffi, Mayor Brutsch NOES - Wood ABSENT - DeBellis City Attorney Post advised Council that this is a reasonable action within its range of discretion. This is not extra compensation but only fulfilling a promise made. 7. REQUEST FOR ADDITIONAL ODUNCIL MEETING RE BILTMORE HOTEL PROPOSAL. Memorandum from Acting City Manager Alana M. Mastrian dated April 18, 1984. City Manager Meyer presented the staff report recommending that Council agree to the request of Greenwood & Langlois for a meeting but only as a study session. ACTION - To accede to the developers' request for an extraordinary meeting and that this meeting be held at 7:30 P.M. on May 2 for the purpose of a public hearing regarding the Environme,?tal Impact Report, Development Agreement, Ground Lease and Specific Plan for the project, this meeting to be a joint Vehicle Parking District and City Council study session with no action to be taken. -6- Minutes 4-24-84 ADDITIONAL COUNCIL MEETING (continued Motion Wood, second Barks AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis 8. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Items (c), (f) and (1) were pulled for separate discussion but are listed in order on the Consent Calendar for clarity. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Request for Closed Session May 8 - Memorandum from City Manager Gregory T. Meyer dated April 17, 1984. ACTION - To convene a Closed Session on May 8 at 6:00 P.M. for the purpose of discussing matters of personnel and litigation. Motion Wood, second Barks. So ordered. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) State Child Abuse Legislation. Memorandum from Mark Tipton, Administrative Intern, dated April 19, 1984. Supplemental information - Assembly Bill 1562. Councilman Wood asked that this item be referred to the Legislative Subcommitte - no action was taken on this request. ACTION - To support and send letters to the State Legislature urging the passage of SB 2007 and 1899 (Watson) and AB 2704-2709 (Vincencia) noting that AB 2709 has been replaced by AB 1562 by the same author. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, Mayor Brutsch NOES - Wood ABSENT - DeBellis (b) League of California Cities' Request for the City of Hermosa Beach to Join the City of Santa Barbara in Defending their General Plan and Local Coastal Plan - Councilman Barks. Letter from Etta Simpson dated April 24, 1984 referred from item 2. City Attorney Post advised Council that he was asked by the League of California Cities to write a brief and thus filed, on behalf of Hermosa Beach and two or three other cities, a brief stating that essentially their argument was that the challenge was too late - it should have been made at the time the Local Coastal Plan was approved. Oral arguments are scheduled to be heard in Los Angeles on May 7. -7- Minutes 4-24-84 LEAGUE REQUEST - SANTA BARBARA ACTION (continued) City Attorney Post s-Lated that it would not be his recommendation to not process, or determine that they are not proper, any initiatives that are currently being circulated about changing by initiative the General Plan or preserving open space. He stated that the Local Plan may be protested by within 30 days. However, there is no time limit to changing a Local Plan by initiative, therefore, this position would not impede the initiative process. ACTION - To draft a very brief letter of explanation from the City staff (City Manager or City Attorney at the City Manager's discretion) to answer the letter from Etta Simpson. Motion Wood, second Mayor Brutsch. So ordered. Edward Loosli, 3435 Hermosa Avenue, came forward with a Point of Order stating this case does apply to Hermosa Beach and that the Appeals Court has said that initiatives do not apply in the Coastal Zone. He feels the City of Hermosa Beach makes it very clear that the Council does not support anything that would. dilute the initiative process within the Coastal Zone. City Attorney Post stated that this is consistent with our position and will be made clear at the oral arguments on May 7. FURTHER ACTION - To authorize the City Attorney to attend the Public Hearing before the State Supreme Court in Los Angeles on May 7 and to authorize the necessary expenses. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis (c) Hearing Officer Fishman Memo to Joan Noon - Council- man Wood ACTION - To have staff prepare a press release outlining the highlights of the success of conducting the hearing program and staff to prepare a report for the second meeting in May regarding implementing the recommendations that are made in the report. Motion Wood, second Mayor Brutsch. So ordered. -8- Minutes 4-24-84 MISCELLANEOUS — CITY COUNCIL (continued) (d) Medical M aims for Pal ire Officers (item 6)= -,Council- man Wood ACTION - Monies to pay these claims to be funded from Prospective Expenditures. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, Mayor Brutsch NOES - Wood ABSENT - DeBellis (e) Revenues from Sale of City Properties - Councilman Cioffi City Manager Meyer will meet with Councilman Cioffi prior to the next Council meeting regarding this matter. (f) Gotanda Property - Mayor Brutsch This item will be included in City Attorney Post's memo Thursday regarding pending litigation. (g) Brick Wall on Second Street - Mayor Brutsch Public Works Director Charles Clark stated that there had not previously been a curb or sidewalk at this location. Improvements are being made by the owner of the property thus necessitating a retaining wall on City property. Mr. Clark feels that City liability would be decreased because of this wall. City policy is to allow retaining walls under three feet to be constructed on City property. (h) Preschools in Hermosa Beach - Mayor Brutsch Mayor Brutsch informed Council that there are eight preschools in Hermosa Beach with approximately 550 children attending them and asked that the Police Department get permission to visit the schools on an occasional basis. PROPOSED ACTION - Direct the Chief of Police to go to the eight preschools and solicit permission for our police officers to visit the schools and say hello and report back to Council June 1 on their visits. Motion Mayor Brutsch, second Barks AMENDMENT TO MOTIQN - To amend the schools' Conditional Use Permits to add a condition for inspection by the City of the premises. Motion Wood with the concurrence of the maker of the motion and the second. -9- Minutes 4-24-84 MISCELLANEOUS ITEMS - CITY COUNCIL (continued) Both the motion and the arnendr;ient were wi thdxawn by the maker of the motion and amendment with the con- currence of the second. City Attorney Post advised Council that this area might be preempted and there may be some limits. The consent of the preschool owners might not be the most voluntary thing. Police Chief Beeson stated that he is privy to some very sensitive information and he suggested Council ask the purpose of what they are doing. He suggested that the Police Department be instructed to report back to Council addressing this issue with recorrmenda- tions. ACTION - To instruct the Police Department to address this matter and report back to Council with recorrmendations on May 8. Motion Mayor Brutsch, second Wood AYES - Barks, Cioffi, Wood, Mayor Brutsch NOES - None ABSENT - DeBellis : 5 • RINVI On a motion by Mayor Brutsch, the R,,�gular Meeting of the City Council of the City of Hermosa Beach was adjourned at the hour of 9:40 P.M. on Tuesday, April 24, 1984 to a Joint Vehicle Parking District and City Council Workshop to be held on Wednesday, May 3, 1984 at 7:30 P.M. to discuss the Proposed Hotel on the Biltmore Site. The next Regular Meeting will be held on Tuesday, May 8, 1984 at the hour of 7:30 P.M. i -10- Minutes 4-24-84