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Home My WebLink About04/17/84MINUTES 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 S. 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, COUNCILWOMAN WEBBER, CITY CLERK MALONE) Resolutionswere presented to the outgoing elected officials as follows: Senator Robert G. Beverly's Offic@.- Ken Bell Assemblyman Gerald Felando's Office - Ken Bell Supervisor Deane Dana's Office - Leah Jeffries PRESENTATION 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 Commerce, 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 ELECTION 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) through (t) noting that item (a) was not available and the following items were pulled for separate discussion but are listed in order for clarity: items (b) , (g:.J., (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, tb 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 itemsto 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 aneed for additional Council direction in theform 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 feelthis 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. 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'l984-85 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' recommendation 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 - Barks', 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). 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. Appellants, stressing the following Main problem - setbacks on second Zoned R-2 - could have two units - & Mrs. Allan White, facts: level 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 stated that findings should -represent factors that have have been received and heard. He recommended findings as follows: 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 RESOLUTION 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 story meet current setback requirements, the variance to allow over 40% addition to the structure. Motion Barks, 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 OF 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) which are listed in order for clarity. (n) and (q) 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 Wood and Public Works Director Clark No meetings were held in March the next be held on May 17, 1984. - Councilman meeting will (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 agreementx- 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 Councilman DeBellis requested a timeline schedule for the hotel development and the parking structure. The City Manager will provide this information. (g) 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 the City Council. Motion DeBellis, second Wood. AYES - Barks, Cioffi, Derellis, Body" reference for 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. -12- Minutes 4-17-84