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Home My WebLink About12/06/83MINUTES OF THE REGULAR ADJOURNED MEETING of the City Council of the City of Hermosa Beach, California•, • held on Tuesday, December 6, 1983 in the Council Chambers at City Hall at the hour of 7:30 P.M. CLOSED SESSION - Council adjourned to a closed session at 6:30 P.M. for the purpose of discussion of personnel/litigation. All members were present. PLEDGE OF ALLEGIANCE - Led by Fire Chief Ronald Simmons ROLL CALL Present: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Absent: None PROCLAMATIONS National Drunk & Drugged Driving Awareness Week December 11- 17, 1983 . 1. CONSENT CALENDAR O ACTION - To approve the Consent Calendar with the exception of item (c) - Demands and Warrants pulled by Councilmember Wood for separate vote/discussion. This item is listed in con- secutive order for clarity. Motion Mayor Schmeltzer, second Brutsch. So ordered. (a) Approval of Minutes: Regular Adjourned Meeting of the City Council held November 15 1983. ACTION - To approve minutes. (b) Approval of Minutes: Regular Meeting of the City Council held on November 22, 1983. ACTION - To approve minutes. (c) Demands & Warrants: December 6, 1983. ACTION - To approve Demands & Warrants Nos. 012291 through 012418 inclusive, 012086 to be posted and noting voided checks as follows: 012299 through 012.327 and 012356. Motion Mayor Schmeltzer, second Brutsch AYES.- Barks, Brutsch, Webber, Wood - noting his "NO" vote on Warrant No. 012398 (Richards, Watson and Dreyfuss) and abstention on Warrant No. 012296 (Hermosa Beach Chamber of Commerce), Mayor Schmeltzer NOES - None Minutes 12-6-83 (d) ASPHALT CONCRETE OVERLAY AND OTHER''RELATED APPURTENANCES ON THE HERM)SA BEACH COMMUNITY CENTER PARKING LOT - CIP 188. Memorandum from Charles Clark, Director of Public Works, dated November 30, 1983. ACTION - To award the contract for the installation of an asphaltic concrete overlay and other related appurtenances at the Hermosa Beach Community parking lot to Sully Miller Company of Long Beach, California. Additionally, that $9,500.00 be allocated from the Parks and Recreation Facility Tax Fund for this project. This project is currently listed in the 1983-84 budget as Capital Improve- ment Project #188. (e) Claim for Damages: Carl Parker, 1905 Plant Avenue, Redondo Beach, represented by Atty. Joseph Cobert, Suite 206, 9025 Wilshire Boulevard, Beverly Hills, CA 90211, filed November 18, 1983. ACTION - To deny claim and refer to this City's insurance carrier. (f) Claim for Damages: Diane Florian, 6848 Citriadora Court, Garden Grove, represented by Raymond T. Kaiser, Atty., 100 Oceangate, Suite 1200, Long Beach, CA, filed November 22, 1983. ACTION - To deny claim and refer to this City's insurance carrier. (g) Claim for Indemnification: County of Los Angeles against the City of Hermosa Beach re Sheila Tarrant vs. County of Los Angeles, et al, filed November 22, 1983. ACTION - To deny claim and refer to this City's insurance carrier. (h) Summons & Complaint: Joseph E. Kovaleski vs. City of Hermosa Beach; Police Officer Eric Milse; and Does 1 through 50, represented by Ramsey & McNulty, 21515 Hawthorne Boule- vard, Suite 970, Torrance, CA, filed November 17, 1983, ACTION - To deny claim and refer to this City's insurance carrier. (i) Claim for Damages: Kathleen Murdock, 830 Strand, Hermosa Beach,_,filed November 29, 1983. ACTION - To deny claim and refer to this City's insurance carrier. IRE„ (j) Claim for Damages: Josephine Ann Boyer, 428 No. Francesca, Redondo Beach, filed November 29, 1983. Minutes 12-6-83 2 ACTION - To deny claim and refer to this City's insurance carrier. (k) RESULTS OF NOVEMBER 8, 1983 ELECTION. Memorandum from City Clerk Charlotte Malone dated November 29, 1983. ACTION - To adopt Resolution No. 83-4650 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 8, 1983, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW". (1) PART -T IME CLERK TYPIST POSITION, DEPARTMENT OF COMMUNITY SERVICES. Memorandum from Alana M. Mastrian, Director of Community Resources, dated December 1, 1983. ACTION - To modify the 1983-84 budget (as of 1-1-84) to include one permanent position of part-time Clerk Typist in the Department of Community Resources @ $700/mo. RECOMMENDATION TO ADOPT A RESOLUTION TO ALLOW HERMOSA BEACH PARTICIPATION IN THE FEDERAL SURPLUS PERSONAL PROPERTY DONA- TION PROGRAM; AND TO DESIGNATE SPECIFIC REPRESENTATIVES TO ACQUIRE PROPERTY FOR THE CITY THROUGH THE STATE AGENCY. FOR SURPLUS PROPERTY. Memorandum from Gregory T. Meyer, City Manager dated November 28, 1983. ACTION - To adopt Resolution No. 83-4651 entitled "RESOLUTION"of the California State Dept. of Education, Office of Surplus Property. (n) CROSSING GUARD DISTRICT. Memorandum from Charles Clark, Director of Public Works, dated December 1, 1983. ACTION - To adopt Resolution No. 83-4652 entitled "A RESOLU- TION 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 2, CHAPTER 3.5, TITLE 5, OF "THE CROSSING GUARD MAINTENANCE DISTRICT" (ACT OF 1974), BEING DIVISION 2, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR THE FORMATION OF A CROSSING GUARDS MAINTEN- ANCE DISTRICT IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30; 1985." (m) (o) LANDSCAPING DISTRICT. Memorandum from Charles Clark, Director of Public Works, dated December 1, 1983. ACTION - To adopt Resolution No. 83-.4653 entitled "A RESO- LUTION 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, Minutes 12-6-83 STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE OF THE LANDSCAPING =AND THE REPLACEMENT THEREOF, IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 1984 AND ENDING JUNE 30, 1985." (p) City Treasurer's Report: October, 1983. ACTION - To receive and file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC None HEARINGS 3. APPEAL FROM DENIAL BY THE BOARD OF ZONING ADJUSTMENTS FOR A MURAL AT 127 PIER AVENUE (SECOND SKIN). Ms. Marsha Proud, Appellant. Memorandum from Acting Building Director William Grove dated November 30, 1983. Supplemental infor- mation - Memorandum from Charles J. Post, City Attorney, dated December 1, 1983 and Letter from Violet Oaklander, Ph.D, dated December 2, 1983. The staff reported was presented by Acting Building Director Bill Grove. The Hearing was opened. Speaking before the Councilwas the appellant, Marsha Proud, stating that they have attempted to stay within the sign limitations with their mural and feel they have used color in moderation and have made an improvement in the area. No one else coming forward, the Hearing was closed. ACTION - To grant the appeal, overturning the decision of the Board of Zoning Adjustments, and instruct staff to propose more precise guidelines for mural review. Motion Wood, second Webber AYES - Barks, Brutsch, Webber, Wood, Mayor Schmeltzer NOES - None MUNICIPAL MATTERS 4. REGULAR MUNICIPAL ELECTION APRIL 10, 1984. Memorandum from City Clerk Charlotte Malone dated November 29, 1983. ACTION - To accept the staff recommendation as follows: (1) To accept the proposal of Martin ac Chapman Company for elections services in the amount of $5,322.88 or $4,790.38 (depending on the ballot counter used). Minutes 12-6-83 (2) To adopt the attached routine.resolutions as follows: Resolution No. 83-4654 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES." Resolution No. 83-4655 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984." Resolution No. 83-4656 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE, AND THE COSTS OF THE CANDIDATE'S STATE- MENTS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984." (3) To print a proviso in Spanish on the Sample Ballot to the effect that all materials are available in Spanish upon'request of the office of the City Clerk. Motion Wood, second Brutsch AYES - Barks, Brutsch, Webber, Wood, Mayor Schmeltzer NOES - None 5. ENGINEERING AND TRAFFIC SURVEY. Memorandum from Director of Public Works Charles Clark dated November 30, 1983. The staff report was presented by City Manager Gregory T. Meyer. Answering questions of Council regarding specific high. - incident areas was Sergeant Walters, Traffic Division Super- visor. He noted the following statistics from a. recent quarterly report from the State Traffic System which keeps a tabulation of our auto accidents: Pacific Coast Highway 87 accidents YTD 27% Hermosa Avenue 53 accidents YTD 17% Aviation 30 accidents YTD 9% Pier Avenue 4% Sergeant Walters advised Council that there has been a Minutes 12-6-83 5 reduction in traffic accidents in the City which includes a decrease of speed -related accidents by 7396 and drunk - driving -related accidents by 75%. ACTION - To adopt the recently completed Engineering and Traffic Survey which sets speed limits on City streets. This survey was done in conformance with Chapter 3, Section 40802 of the California Vehicle Code. Motion Wood, second Webber. So ordered. Prior to the above vote, City Attorney Post noted that any vote can be taken by a "no objection" vote unless someone requests a roll call, the key point being that the City Clerk understands who votes yes and who votes no. For money issues, there must be a showing that there are three votes, whether it is done by a roll call or some other method. 6. RESOLUTION AUTHORIZING THE CITY TO IMPOSE A FEE FOR PARAMEDIC/AMBULANCE TRANSPORTATION. Memorandum from Fire Chief Ron Simmons dated November 28, 1983. The staff report was presented by City Manager Gregory T. Meyer noting that this resolution repeals Resolution No. 83-4619. ACTION - To adopt Resolution No. 83-4657 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A FEE FOR THE FIRE DEPARTMENT PARAMEDIC AMBULANCE TRANSPORTATION". Motion Mayor'Schmeltzer, second Brutsch City Attorney Post suggested that the following changes be made in the body of the resolution: Line 18 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE: 1. RESOLUTION 83-4619 establishing a fee of $15.00 is repealed, and 2. A Fire Department Paramedic fee of is hereby established. The maker of the motion and the second both concurred with these changes. AYES - Barks, Brutsch, Webber, Mayor Schmeltzer NOES - Wood Prior to the vote on the above action, City Attorney Post, when asked by Council if the additional fee for out -of -City residents was justifiable on a legal basis, stated that it was, noting that frequently there is a distinction between residents and non-residents being that residents pay a portion of the fee through their taxes. Minutes 12-6-83 6 7. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Item 1(c) Demands and Warrants pulled by Councilmember Wood. This item was discussed but is listed in consecutive order for clarity. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Activity Report. ACTION - To receive and file. Motion Webber, second Brutsch. So ordered (b) Tentative Future Agenda Items. ACTION - To receive and file with the addition of reports on project management and vehicle maintenance requested by Brutsch and a list of employees who have a quasi -contract relationship with the City - Wood. Wood will furnish proposal for a standard method of handling this relationship. Motion Webber, second Brutsch. So ordered. (c) Expenditure Report - October, 1983. ACTION - To receive and file Motion Wood, second Brutsch. So ordered. Councilmember Brutsch stated that department heads must be made aware that they are accountable for their budgets noting that the Police, Fire and Planning Departments should bring their expenditures back into line. He also asked that Public Works Director Clark be congratulated on his budget performance. (d) Revenue Report - October, 1983 ACTION - To receive and file Motion Wood, second Mayor Schmeltzer. So ordered. (e) Request for Closed Session December 13, 1983. Memorandum from City Manager Gregory T. Meyer dated December 1, 1983. ACTION - To approve the request to convene a closed session at 6:30 P.M. on Tuesday, December 13, 1983 for the purpose of meet and confer and matters of litigation. Motion Wood, second Mayor Schmeltzer. So ordered. (f) Review of Expense Report Forms. Memorandum from City Manager Meyer dated December 2, 1983. Continued to the meeting of December 13, 1983. Motion Mayor Schmeltzer, second Brutsch. So ordered. Minutes 12-6-83 7 (g) April 1984 Municipal Election. Memorandum from City Manager Meyer dated December 2, 1983. Councilmember Wood stated that he wished to take three ballot measures before the people regarding the school sites. Mayor Schmeltzer also wished to take a ballot measure to the people -regarding the possibility of making the City Treasurer's position an appointed position rather than an elected position. City Clerk Malone noted that the resolution calling the election must be adopted on January 10, 1984 so there would not be enough time unless these measures were approved on December 13 for inclusion on the ballot. PROPOSED ACTION - To ask the City Attorney to have back for the December l3meet ing the language for a ballot proposition to change the position of City Treasurer from an elected position to an appointed position. To also have on the agenda for December 13 an item regarding the school properties by Mr. Wood, Mr. Wood to furnish the wording. RESTATED ACTION - To direct the City Attorney to draw up a ballot proposition to be placed before the electorate to decide the question of whether the position of City Treasurer should be an elected position or an appointed position - to be on the City Council agenda for discussion on December 13. Motion Mayor Schmeltzer, second Brutsch AYES - Barks,. Brutsch, Wood, Mayor Schmeltzer NOES - Webber FURTHER ACTION - To have the City Attorney prepare three ballot propositions for approval of the voters with regard to the sale of school sites as follows: 1. Should the South School site be developed into 99 condominiums? 2. Should the school sites be rezoned and sold to developers for the purpose of housing? 3. Should the City and the Board of Education (School Board) enter into a bonding agreement to provide "X" millions of dollars for the construction of additional school facilities at Hermosa Valley School? Motion Wood, second Webber AYES - Brutsch, Wood, Webber NOES - Barks, Mayor Schmeltzer Minutes 12-6-83 Prior to the vote on the above, Councilmember Wood noted that he expects these three measures to be advisory rather than mandatory. City Attorney Post stated that if the Development Agreement between., the City and. the School District is approved prior to the election, an advisory vote would have no effect. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) AT&SF Subcommittee Status Report - City Attorney Post. Letter to the Los Angeles County Transportation Commission; Members, South Bay Cities Association from Friends of the Trolley dated November 13, 1983. City Attorney Post indicated that this matter was dis- cussed in closed session noting there was a settlement conference on the inverse condemnation action recently and he recommended that there be no further discussion at this time. Councilmember Wood stated he was dismayed at the result and felt more time should be allocated to the discussion of this matter. City Attorney Post noted that at the court session the railroad requested that any discussion regarding this matter remain in closed session. ACTION - To convene the closed session on December 13 at 6:00 P.M. and allocate one hour to the discussion of the AT&SF. Also to contact Etta Simpson regarding this session and the possibility of obtaining the services of a public service law firm. Motion Wood, second Webber. So ordered. (b) City Council/Schools Subcommittee: Status Report. Memorandum from City Manager Gregory T. Meyer dated December 1, 1983. Mayor Schmeltzer noted that a Development Agreement was adopted by a 5/0 vote and they are beginning through the BZA process. Councilmember Wood questioned the City Attorney regarding Section H of the Development Agreement (building code requirements now in effect or code in effect at the time of construction). City Attorney Post stated that the City code in effect at the time of the approval of the agreement would be the ones that would apply at the time of construction. Mayor Schmeltzer stated he would refer to the Sub- committee the request for the deletion of the following on lines 6 through 8 of section H: "design, improve Minutes 12-6-83 9 ment and construction standards and specifications in force at the time of the execution of this Agreement." Councilmember Wood asked the City Attorney if the ten year term of the agreement is a reasonable length of time and could be upheld in court and the City Attorney answered "yes". Extensive council discussion ensued regarding zone changes, recreation facilities, zoning hearings, market value of properties (Councilmember Wood Wood requested copies of the appraisals of the properties in question), density/gross acreage, etc. 10. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN URGENCY NATURE None 11. OTHER MATTERS - CITY COUNCIL Report on Closed Session (a) Gotanda Property - Councilmember Brutsch Councilmember Brutsch noted that in closed session the City Attorney was instructed to move judiciously to clarify the ownership of the Gotanda property since it has been a ygar since that issue came to the City Council. (b) Ballot Measure Schedule - June and November Elections - Councilmember Wood Councilmember Wood requested that City Clerk Malone provide a cut-off schedule for submitting ballot measures for the June and November elections. (c) Chamber of Commerce Position on Funding of Cities-- Councilmember Wood Councilmember Wood stated he was remiss in not having this material available but will provide it at the next meeting. (d) League of Cities Meeting - Councilmember Wood Councilmember Wood advised Council that he and Councilwoman Webber attended the League of Cities meeting at which time his name was ineffectively con- sidered for the nomination for Coastal Commission. The incumbent and a representative from Santa Monica were elected. Noted also was.the League's concern regarding the Minutes 12-6-83 10 funding of cities and the fac,t. that there will be one more look at the compulsory arbitration bill which will be heard again -in January and Councilmember Wood asked that letters again be written in strong opposition to this bill. ACTION - To write letters to Senator Beverly and Representative Felando indicating the City's opposition to the compulsory arbitration bill. Motion Wood, second Brutsch. So ordered. (e) Salary Discussions - Councilmember Wood Councilmember Wood questioned the City Attorney regarding salary discussions of quasi -employees and whether these are open to the public. ACTION - To ask the City Attorney to review the record on any salary or fee changes to insure that they were enacted in public session. Motion Mayor Schmeltzer, second Brutsch. So ordered. (f) Christmas Sing -A -Long - Pier Avenue - Mayor Schmeltzer Mayor Schmeltzer thanked the Chamber of Commerce and Hermosa Beach Middle School for the beautiful sing -a -long and official lighting of Christmas decora- tions in the downtown area on Friday night. Barricades at 7th & 8th Streets - Mayor Schmeltzer ACTION - To ask staff to report back to Council on December 13 regarding the removal of the barricades. Motion Mayor Schmeltzer, second Webber (h) Free Bus Transportation - Councilmember Barks ACTION - To reaffirm the Council action to coordinate bus hours with school schedules. Motion Mayor Schmeltzer, second Barks. So ordered noting the objection of Councilwoman Webber. Leonard Wibberley Memorial - Mayor Schmeltzer ACTION - To ask Mayor Schmeltzer to attend the Friends of the Library meeting on December 14 to ascertain if something can be done to honor Leonard Wibberley such as a scholarship fund or essay contest. Motion Mayor Schmeltzer, second Brutsch. So ordered. ADJOURNMENT - On the order of the Chair, this meeting was adjourned on December 6, 1983 at the hour of 9:45 P.M. in memory of Leonard Wibberley, this adjournment to be communicated to the family, to a closed session at 6:00 P.M. on December 13, 1983. Minutes 12-6-83 (g) (i) 11