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HomeMy WebLinkAbout10/25/83MINUTES OF THE REGULAR MEETING of the City Council of the City of Hermosa Beach, alifornia, held on Tuesday, October 25, 1983 in the Council Cha ber at City Hall at the hour of 7:30 P.M. CLOSED SESSION for the purpose members were pr Council adjourned to a closed session'at 6:30 P.M. of discussion of personnel litigation. All sent. The regular meeting convened at 7:45 P.t1.• PLEDGE OF ALLEG=ANCE - Led by City Clerk Charlotte Malone ROLL CALL Present: Barks Absent: None PROCLAMATIONS City of He Veterans' U To honor 0 Service du 1736 Proje Winter Sto CONSENT CA Brutsch, Webber, Wood, Mayor Schmeltzer mosa Beach's Safe Schools Week, October 24-28, 1983. ity Month - A Salute to Women Veterans, November 1983. ficer'Paul A. Wolcott upon Retirement from Police to Injuries in the Line of Duty. is Week - November 7-13, 1983. m Preparedness Week — November 13-19, 1983. ENDAR ACTION - T of items vote/discu items are "No" vote abstentio approve the Consent Calendar with the exception i) pulled by Councilmember Brutsch for separate ssion and (e) pulled by City'Manager Meyer. These listed in consecutive order for clarity noting a of Councilmember Wood on items (g) and (h) and his on item (j) . Motion Ma pr Schmeltzer, second Barks AYES - Barks, Brutsch, Webber, Wood (noting vote above), Mayor Schmeltzer NOES - None (a) Approval -of Minutes: Regular meeting of the held October 11, 1983. ACTISN - To approve minutes. City Council (b) Demands and Warrants: October 25, 1983 _ ACTION - To approve Demands and Warrants Nos. 11644, 11955 thro gh 12073 inclusive with the exception of voided checks nos. 11959, 11961, 11973, 12002 and 12005. (c) Clair i for Damages: Tom Rentee, 552 Media, Palos Verdes Estattes, CA represented by Brude D. Stuart,- Atty.', filed =OctO er 6, 1983. ACTItN - To deny claim and refer to this City's insurance carrier. -1-. Minutes 10-25-83 Consent Calendar (continued) 0 (d) Award of Pier Concession Strand Lease Proposal: Memorandum from Public Works Director Charles Clark dated October 12, 1983 ACTION - To approve the selection of Ray S. Park to assume the operation of the concession at the end of the Hermosa Beach fishing pier. And, in addition. to enter into a" lease agreement which has been prepared by the City with Mr. Park, monthly rental in the amount of $1,225 per month. (e) Award of Liability and Property Insurance: Memorandum from City Manager Gregory T. Meyer dated October 21, 1983. Deferred to City Council Meeting of November 1, 1983. (f) Award of Bid' Slurry Seal: Memorandum from Public Works Director Charles Clark dated October 19, 1983. ACTION - To award the contract of slurry sealing asphaltic streets'west of Valley Drive to Ted R. Jenkins Company of Long Beach, California, Unit Price $56.59, Total $84,885. This project is referred to as CIP 181. Awatd 'of Bid. 'for Audio System for Auditorium Remodel Project: Memorandum from Community Resources Director Alana Mastrian dated October 18, 1983. ACTION - To approve the award of bid for. the Auditorium Audio System ta::Gary Raymond'Sound System, Thousand Oaks, California in the amount of $17,700, Wood voting NO; Award 'of Bid for Carpeting for Auditorium Remodel Project: Memorandum from Community Resources Director Alana Mastrian dated October 18, 1983. ACTION - To approve the award of bid for the Auditorium Carpeting to Jerry German and Associates, Manhattan Beach in the amount of $9,057.59, Councilmember Wood voting NO. (i) Authorization to Call for 'Bid for Strand Refurbishment - Execution of Community Development Block Grant Project 482C.263' Strand' Improvements:., Memorandum from Director of Public Works, Charles Clark dated October 20, 1983. Director. of Public :Works Charles_.Clark advised -Council. that a preliminary report dealing with the storm drain system will' be presented at the meeting of November 22, 1983. ACTION - To authorize the Public Works'- Department to proceed to bid with the renovation of the Strand utilizing Community Development Block Grant Funds. These bids are to be brought to Council for consideration and examination. This recommendation is in compliance with previous direction from the City Cduncil and the breakdown. is as follows: 4th Year 5th Year 8th Year $ 31,000 213,779 $ 21,376 Total $266,155 -2- Minutes 10-25-83 Consent Calendar (continued) Motion Brutsch, second Webber AYES Barks, Brutsch, Webber, Wood, Mayor Schmeltzer NOES None Final Payment - South Bay Free Clinic Challenge Grant: Memorandum from Community Resources Director Alana Mastrian dated October 20, 1983, ACTION - To authorize a payment of $1,400 to the South Bay Free Clinic which constitutes. the final payment of the Challenge Grant Agreement between the City and the South Bay Free Clinic, Councilmember Wood abstaining.. (k) Summons & Complaint: Roger D. Creighton represented by Jeremy H. Evans, Attorney at Law, 3701 Skypark Drive, Suite 170, Torrance, CA, ,filed October 7, 1983. t, ACTION - To deny claim and refer to this City's insurance carrier. Christmas Catalogue, 1983:' Memorandum from Community Resources Director Alana Mastrian dated October'19, 1983. ACTION - To approve the list of items referenced that will comprise the City's "Christmas Catalogue." 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC Letter from Mr.. Gerald Littman, 638 Strand, Hermosa Beach received October 14, 1983 regarding the storm drain problem. ACTION - To receive and file and to advise Mr. Littman of. efforts that are underway on the storm. drain problem. Motion Mayor Schmeltzer, second Wood.` So ordered. PUBLIC HEARINGS 3. PROPOSED ORDINANCE REGULATING THE ADOPTION OF DEVELOPMENT AGREEMENTS. Memorandum from Planning Director Pamela Sapetto dated October 19, 1983. The staff report was presented by City Manager Meyer. The Public Hearing was opened. No one wished to be heard and the Public Hearing was closed. City Attorney Post noted that this was a procedural ordinance by which proposed development agreements wou.ld_be processed. After being queried by Council regarding the fact that this ordinance specifies no time limits,nor did .it require prelimin- ary approval, the City Attorney stated this ordinance calls attention to the requirements of development agreements by placing some limits on these development agreements but does not limit existing ordinances thereby allowing completion of projects free of government' control. City Attorney Post also noted that -this ordinance would be consistent with filing of a final map.and that a development agreement establishes a vested right to complete the project at the time of entering into a development agreement. -3- Minutes 10-25-83 Public Hearings (continued) ACTION - To send this ordinance back to staff for amplification of the preamble and articulation of answers to the. questions of time limit, ability to amend and definition of what is major and what is minor. Motion Wood, second Brutsch AYES - Brutsch, Webber, Wood NOES - Barks, Mayor Schmeltzer Prior to the vote on the above action, City Manager Meyer states!? that the "WHEREAS' '(preamble/rationale)" could be incorpor- ated in City Council Resolution 83-4621 that went to the Planning Commission whereby time limits could be specified by utilizing the State procedure which does specify time limits. City Attorney Post advised that an alternate proposal would'be to propose an ordinance such as• the Azusa ordinance which paraphrases the state development law. Section 19.68.070 on page 630-1 of the Azusa ordinance specifies duration of the agreement, permitted uses of the property, density, maximum height and size of proposed buildings and provision for reservation or dedication of land for public purposes. Also stated was the fact that certain procedures are mandatory under State law. When questioned,by Council regarding fees, City Manager Meyer stated that this ordinance does not specify fees and was not intended to do so adding that staff was carrying out Council policy in streamlining ordinances by incorporating Government Code by reference. PROPOSED ACTION - To waive full reading of Ordinance No. 83-742 entitled "AN ORDINANCE OF THE -CI-TY ---COUNCIL ESTABLISHING PROCEDURES:.. AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTION 65864-65869.5." Motion Mayor Schmeltzer, second Barks .Withdrawn by the maker of the motion' with the concurrence of the second. SUBSTITUTE ACTION - To alter the title of Ordinance No. 83-742 to read "AN ORDINANCE OF THE CITY COUNCIL ALLOWING THE CITY TO CONSIDER DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTION 65864-65869.5." Motion Brutsch, second Webber AYES - Barks, Brutsch, Webber, Mayor Schmeltzer NOES - Wood FURTHER ACTION - To waive full reading of Ordinance No. 83-742 entitled "AN ORDINANCE OF THE CITY COUNCIL ALLOWING THE CITY TO CONSIDER DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTION 65864-65869.5." Motion Mayor Schmeltzer, second Barks.. So ordered. FURTHER ACTION - To introduce Ordinance No. 83-742. Motion Mayor Schmeltzer, second Barks AYES - Barks, Brutsch, Webber, Mayor Schmeltzer NOES - Wood Minutes 10-25-83 Public Hearings (continued) PROPOSED ACTION - To adopt a resolution establishing a fee for Development Agreements of $500.00 per application. Motion Wood - dies for lack of a second. FINAL ACTION- To direct staff to report back to Council at the next meeting on the possibility of establishing a fee schedule to associate with applications for Development Agreements. Motion Mayor Schmeltzer,'second Barks. So ordered. MUNICIPAL MATTERS 4. ORDINANCE NO. 83-741 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING CODE BY REDEFINING THE TERMS HOTEL, MOTEL AND DETERMINING APPROPRIATE ZONES FOR HOTEL, MOTEL,' BOARDING HOUSE,' LODGING HOUSE AND ROOMING HOUSE (ARTICLES ' '8' 'and 111). Memorandum from City Clerk Charlotte Malone dated October 19, 1983. ACTION - To waive further reading of Ordinance No. 83-741 entitled"AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING CODE BY REDEFINING THE TERMS HOTEL, MOTEL AND DETERMINING APPROPRIATE ZONES FOR HOTEL, MOTEL, BOARDING HOUSE, LODGING HOUSE AND ROOMING HOUSE (ARTICLES 2, 11.5, 5, 8 and 10) . Motion Webber, second Brutsch. So ordered. FINAL ACTION - To adopt Ordinance No. 83-741. Motion Mayor Schmeltzer, second Brutsch AYES - Barks, Brutsch, Webber, Mayor Schmeltzer NOES - Wood HERMOSA BEACH COMMUNITY CENTER FOUNDATION'S REQUEST FOR A LOAN -FROM THE CITY. Memorandum from Community Resources Director Alana Mastrian dated October 18, 1983. Staff report was presented by Community Resources Director Alana Mastrian. Speaking on behalf of the Board of Directors of the Community Center Foundation was Jim Doty of 640 Gould Avenue. City Attorney Post advised Council to consider this request as if it were a request for public funds and judge whether it is an appropriate expenditure, and use for guidance the government code provision that authorizes the expenditure of up t� 5% of the General Fund for promotional. expenses. Also noted was the Municipal Code section that authorizes expenditures from the Parks and Recreation Tax Fund for advertising purposes. If this request is to be considered a loan, City Attorney Post stated that there is a limit as to what the City may invest in but the City is not in the business of lending money. It is legally permissible if Council is persuaded that this is. an appropriate expenditure as a promotional expense to promote the Community Center. -5- Minutes 10-25-83 Municipal Matters (continued) In response to Council's query regarding the establishment of the legitimacy of expenditures, the need for public hearings on such matters and the amount of monies in the Music, Parks and Advertising Fund, City Attorney Post stated that public hearings were not necessary as the budget establishes a plan of spending money, which during.the year may be spent by appropriation. The funds for this loan would be taken from the Parks and Recreation Facilities Tax Fund and not the Music, Parks and Advertising Fund. PROPOSED ACTION - To grant the request of the .Community Center Foundation Board of Directors for the sum of $25,000. Motion Mayor Schmeltzer, second Brutsch Motion withdrawn by maker with the concurrence of second. ACTION - To grant the request of the Community. Center Foundation Board of Directors for the sum of $25,000 and enter into an J agreement between the City of Hermosa Beach and the Hermosa'Beach Community Center Foundation (attachment C of staff report). Motion Mayor•Schmeltzer, second Brutsch AYES Barks, Brutsch, Webber, Mayor Schmeltzer NOES - Wood Prior to the vote on the above action, the City Attorney noted. that the legal Points and Authorities in. support of a yes vote will be available on Thursday and will be made a part of this package. He reiterated that, the action would. be legally permissible. Also prior to the vote, Councilmember Wood stated for the record that'he.believes this is a gift of public funds and he will not support it and encourages others not to.He declared the City is not.in the lending business and Council is compounding their error•by lending the money rather than giving it outright. (Mayor Schmeltzer noted that the motion is to "give" the money, not "lend" it:) Councilmember Wood also felt the City did not have sufficient public hearings on this attempt to fund the Community Center. 6. ' CONTRACT WITH HERMOSA BEACH CHAMBER OF COMMERCE REGARDING LEASING' ADDITIONAL CHRISTMAS' DECORATIONS. Memorandum from City.Manager Gregory T. Meyer dated October,19, 1983. Councilmember Wood abstained and withdrew from the dais.. The staff report was presented by City Manager Meyer. ACTION To. direct the City Attorney to, prepare an Amendment to the City/Chamber of Commerce Agreement obligating the City.to finance.$2500/year for 2 years (1984 and 1985 budget years) as a City contribution to a $15,000 lease/purchase of additional Christmas decorations City-wide in the commercial areas; said financing to be a part of a $15,000 lease/purchase by the Hermosa Beach Chamber of Commerce with Valley Decorating Company. Motion Mayor Schmeltzer, second Brutsch AYES - Barks, Brutsch, Webber, Mayor Schmeltzer NOES-- None ABSTAIN - Wood Minutes 10-25-83 7. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Items (i) pulled by Councilmember Brutsch and (e) pulled by City Manager Meyer are listed in consecutive order for clarity. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Activity Report ACTION - To receive and file Motion Wood, second Brutsch. So ordered. (b) Tentative Future Agenda Items. ACTION - To receive and file Motion Wood, second Mayor Schmeltzer. So, ordered noting that the November 1 meeting will not be a special meeting but a regular adjourned meeting. (c) 'Revenue Report: July - August 1983. Memorandum from City Manager Gregory T. Meyer dated October 13, 1983. ACTION - To receive and file Motion Wood, second Webber. So ordered. (d) Report re Maintenance of City Vehicles. Memorandum from Director of Public Works Charles Clark dated October.20, 1983. ACTION - To receive and file Motion Brutsch, second Webber. So ordered. (e) Project Management: Status Report ACTION.- To postpone this item to November 15, 1983. Motion Wood, second Webber. So ordered. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Railroad Right -of -Way Subcommittee Report - Wood ACTION - To place on the agenda of the Joint Powers Authority an item that would ask Hermosa Beach to request the Joint Powers Authority to investigate State, County and Federal sources ,of funds for the purchase of the railroad 'right-of- way and, where necessary, make direct contact with the appropriate elected officials., Motion Mayor Schmeltzer, second Webber. So ordered. FINAL ACTION. - To direct the City Attorney to tender in writing the offer that was discussed with the Santa Fe right-of-way. - _Motion Mayor Schmeltzer, second Brutsch. So ordered. Councilmember Wood noted -that the Beach Cities Trarispoftation Authority should be encouraged to quickly find out what it takes to be a railroad. -7- Minutes 10-25-83 Miscellaneous' It'ems' and Reports ' Cityy. Council. (-continued) (b) City/School SubcOMM ttee Report - Mayor Schmeltzer There will be a session of the City/School Subcommittee Wednesday evening at 6:00 P.M. Mayor Schmeltzer stated they are moving toward a recommendation that will reduce the amount originally discussed. (c) City Attorney Report on Approval of Warrants. Memorandum from City Attorneey'Charles Post dated October 24, 1983. ACTION - To receive and file. Motion Mayor Schmeltzer, second Webber. So ordered. 10. AMEETINGOF THE` P'ARKIN.G 'AUTHORITY OF THE; -CITY OF' HERMOSA-BEACH. .Memorandum from City Treasurer Norma Goldbach dated October 25`, 1983. ADJOURNMENT On order of the Chair, this meeting was adjourned on October 25, 1983 at the hour of 9:17 P.M. to a meeting of the Parking Authority of the City of Hermosa Beach. MEETING' RECONVENED The Regular Meeting of the City Council of the City of Hermosa Beach, California; reconvened at the hour of 9:25P.M. on October 25, 1983. Motion Mayor Schmeltzer, second Webber. 11. ORAL COMMUNICATIONS FROM THE PUBLIC MATTERS OF AN URGENT NATURE (a) Disposition of Aviation High School Hob Uhls, Board of Education, South Bay Union High School District, addressed Council regarding the disposition of Aviation High School. He asked that Council oppose the demolition of the high school and encourage its use for higher. education purposes. Wilma Burt, 1152- 7th Street, noted that Hermosa Beach has a 1/3 right to the facility and encouraged Council to make their views known to Redondo Beach. (b) Traffic Hazards created byDomino Pizza Drivers Scott Hibbard, 829-1/2.- 5th. Street (P.O. Box 77), spoke to Council regarding the traffic hazards created by Domino Pizza drivers. ACTION - To instruct the City Manager to meet with the affected individuals, the owner of the property site and the Police Department and make recommendations to them to alleviate the problem. The City Manager is to also discuss any 'possible building code violations (rear door) with Mr. Bill Grove, Acting Director of Building and Safety. Motion Mayor Schmeltzer, second Webber. So ordered. -8- Minutes 10-25-83 Oral Communications from the Public (continued) (c) Aviation High School Issue Mayor Schmeltzer brought the Aviation High School issue back before Council to advise them of a discussion with the Mayor of Redondo Beach about establishing a regional park at Aviation High School. Council made known their desire for more information and Councilmember Webber volunteered to make official contact with the Board of Trustees and report back. City Manager Meyer stated that at the July Beach Cities meeting this issue was specifically discussed. Pursuant to the Naylor Bill, the timeframe was within 10 days of that meeting in which the District would be obligated to make an offer at 25% of market value. Because the school is located in Redondo Beach, they had first priority but then the next priority could have been the other public agencies within the High School District. It "faded out" because within that time period, Hermosa Beach, Manhattan Beach and Redondo Beach did not separately or jointly make a financial offer for a purchase. Wilma Burt reiterated that a percentage of funds should revert to Hermosa Beach if the property is sold. ACTION - To putthis item (Aviation High School) on the Beach Cities agenda. Motion Barks, second Mayor Schmeltzer. So ordered. 12. OTHER MATTERS - CITY COUNCIL (a) Councilmember Wood advised he would be late for the next regularly scheduled meeting. (b) Councilmember Wood - Boatyard Site weeds, etc. - It was requested that procedures be followed in a rapid manner to have the City enter and knock down the weeds and bill the owners for the work. City Manager Meyer stated they would proceed forthwith. (c) Councilmember Wood - Bonding Company letter on the previous Creighton suit. City Attorney Post stated there was no letter but there is litigation to recover the cost against the insurance companies that applied at that time. There will be additional information in 1-1/2 months. (d) Councilmember Wood - South Bay Cities Payback - City Manager. Meyer noted that copies of receipts, etc. were distributed to 'Council and Mr: Creighton. (e) Councilmember Wood - Domocile on 5th Street between Pacific Coast Highway and Ardmore - no number - violation of Health and Fire Code. City Manager Meyer will do a code enforcement follow-up. -9- Minutes 10-25-83 Other Matters - City Council (continued) (f) Councilmember Webber invited everyone to the Chamber of Commerce "Bring Back the Hotel" party on October 29 from 2:30 P.M. to 6:00 P.M. (g) Mayor Schmeltzer was wished a Happy Birthday on Halloween. ADJOU'?NMENT On the order of the Chair, this meeting was adjourned on •0ctober:25, 1983 at the hour of 9:50 P.M. in memory of the American men who gave their lives for their country most recently in Lebanon to a Regular Adjourned Meeting to be held on November 1, 1983 in the Council Chamber, City Hall at the hour of 7:30 P.M. -10 Minutes 10-25-83