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HomeMy WebLinkAbout03/22/83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of HerYnosa Beach, California, held on Tuesday, March 22, 1983 in the Council Chamber of City Hall at the hour of 7:30 p.m. t CLOSED SESSION - Council adjourned to a closed session at 6:30 p.m. for the purpose of discussion of personnel and litigation, noting that all members were present. Regular meetingconvened at 7:36 p.m. PLEDGE OF ALLEGIANCE - led by Councilmember Barks ROLL CALL Present: Barks, Absent: None Brutsch, Schmeltzer,. Wood and Mayor Webber Mayor Webber`' announced that the Department of Auditor -Controllers of the County, of Los Angeles will possibly refund tax monies to 'those who owned property on March 1, 1978 and paid property taxes in December 1978 and April 1979 and qualify for a refund. Forms are available at City Hall, or for more information, those interested may contact the City Clerk. h.'T CONSENT CALENDAR .City Manager Meyer noted that a supplemental report has been added to Item (h) per Council's request of last meeting regarding mutual financial participation by the City and the VPD. PROPOSED ACTION - To approve the consent calendar, Items (a) through (h; --Motion Webber,,second.Schmeltzer. Counciimember Wood indicated "No" on Item (d) pulling Item (h) for later discussion; Councilmember Barks also pulled Item (f) to be dis- cussed after Municipal Matters. 'ACTION - To approve the remainder of the Consent Calendar, noting those items pulled above (Items (b) and (f) for later discussion. Motion .Schmeltzer,'second Barks. So ordered noting the "NO" vote :of;Councilmember Wood on Item (d). (a) . Approval of Minutes: held March 8, 1983. ACTION - To approve minutes. (b) Demands & Warrants: March 22, 1983 Councilmember Wood directed question to the City Attorney as to whether he had yet made an attempt to recover the attorney's fees in the amount of $8,000 (Warrant No. 09874 Roger D. Creighton -Court Decision) City Attorney Post noted that an effort is in process and he expects to have the information and recommendation to the City Council by this Thursday, and Council could -then take it up at the next regular meeting. Regarding reimbursement, the City's insurance carrier that acknowledged coverage would be the best source. This payment is part of Regular meeting f the City Council -1- MINUTES 3-22-83 la a final judgment, and therefore, the City is under obligation to pay it. 'City Manager noted that in order to avoid the possibility of a court order, now would be the time to pay so that the City could not be construed as trying to avoid payment. It was the opinion of the City Attorney that approving the warrant register as is would not prejudice the City's ability to collect this money from the liable party. ACTION --To approve Item (b) Demands & Warrants Nos. 9739 through 9903 inclusive. Motion Webber, second Brutsch. So ordered. • Cit: 'Treasurer °'s' Report: February, 1983.. ACTION - TO'approve report.' Received and- Filed. (d) Request 'for 'Cit'y 'Council to Award Bid on 'resurfacing of old tennis courts at the Hermosa Beach Community Center. Memorandum from Public Works Director Clark, -dated March 16, 1983. ACTION - To award bid for resurfacing two old tennis. courts at the Hermosa Beach Community Center to Ferandell Tennis Court Company of San Diego. Councilmember Wood voted "no" on this item. (e) : 'OfficialNotification of Withdrawal from R.C.C. by City of Redondo Beach. Letter from City Manager. Tim Casey, Redondo. Beach,. dated March 7, 1983. ACTION - To receive and file. (f) 'Aldaron Contract for Preparation of the Short Range Transit Plan. Memorandum from Planning Director Sapetto, dated March 16, 1983. Councilmember Barks questioned the Aldaron Contract subsections and what the possible conflicts were. City Manager Meyer responded by explaining that a competition exists between SCAG and the County Transportation Commission regarding the study of the corridor. The City of Hermosa Beach's position has been to support the County Transportation Commission in their study in coordination with Cal Trans. ACTION - To approve Item (f) and to receive and file. Motion Webber, second Barks. So ordered. (g) ' Resolution Of Tntention concerning C -Potential zone along Pacific Coast Highway. Memorandum from Planning Director -Sapetto, dated March 17, 1983. ACTION - To approve Resolution No. 83-457.7: A RESOLUTION -2- MINUTES 3-22-83 OF INTENTION BY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO DIRECT THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO IDENTIFY CHANGES IN THE REGULATIONS GOVERNING THE C -POTENTIAL ZONE ALONG PACIFIC COAST HIGHWAY. (h) Adoption of Contract with Specialty Maintenance, Inc. re- garding cleaning and sweeping services'in downtown business district. Memorandum from Norma Goldbach, dated March 17, 1983. Supplemental memorandum from Norma Goldbach, dated March 22, 1983. ACTION- To adopt contract for the cleaning and sweeping of Vehicle Parking District #1 awarded to Specialty Maintenance, Inc. 2'.' . " WRI'1 i hN 'COMMUNICATIONS' FROM PUBLIC. (a) .Request to utilize the Biltmore Site as an Open air market. Letter from June Wheeler, JADCO, Inc. -,Van Nuys, Ca. ACTION To receive and file request Motion Schmeltzer, second Webber.' So ordered, noting the objection of Councilmember Wood. 3. - GOALS AND OBJECTIVES' PLANNING' 'DEPARTMENT Planning Director Pamela Sapetto explained an outline of the Planning Department which is composed of five- divisions: 1) Advance Planning, Current Planning, Land Use Review, Research, and Administration. Following an explanation of the goals and objectives of the various sections, Ms. Sapetto gave a slide presentation of the many possible improvement projectsand assets for the City of Hermosa Beach. PUBLIC HEARINGS 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM. MEMORANDUM FROM PLANNING DIRECTOR SAPETTO, DATED MARCH 16, 1983. Alfred Mercado, Planning Aide, gave a staff report. Mayor Webber opened the public hearing at 8:15 p.m.since there was no one in attendance interested in speaking either in favor or in opposition to this resolution, the public hearing was then closed and discussion brought back to City Council. PROPOSED ACTION - To approve recommendations of staff approving the filing of an application with the California Coastal Conservancy for a coastal access grant for: 1) Handicapped ramps at the north end of the community, and 2) Additional lighting on the Strand; and that the alternative project regarding the bike path be subject to voter approval. Motion Barks. -3- MINUTES 3-22-83 a Motion died for lack of second. ACTION - To reject recommendation of staff and let the Coastal Conservancy keep their funds. Motion Brutsch, second Webber. Ayes: Brutsch, Wood and Mayor Webber Noes: Barks and Schmeltzer 5) REVISED LAND USE ELEMENT: TIME TABLE. MEMORANDUM FROM PLANNING DIRECTOR SAPETTO, DATED MARCH 15, 1983. Planning Director Sapetto gave a staff report. Discussion ensued regarding the three alternative's available for completing the update process, including comments about who would give direction to an outside consultant should. Council choose to hire one. -The record therefore reflects that direction would come from 'City Council through the Planning Director who would coordinate/facilitate the project. Mayor Webber opened the public hearing at 8:25 p.m.; said hearing was then closed, there being no one interested in speaking to this matter, and discussion brought back to City Council. PROPOSED ACTION - To follow Alternative No. 1 (to use all staff) to complete the task in a period of 9 to 12 months. Motion Wood, second Webber (for discussion). Ayes: •Wood and Mayor Webber Noes: Barks, Brutsch, and Schmeltzer Motion fails. ACTION - To approve staff recommendation as follows: a) To authorize the Land Use Element to be prepared in conjunction with the Housing Element. b) To have the LUE completed within six to nine months which would require an outside consultant be employed to work with City staff.(Staff/Consultant Planning Team.) c) That outside services be paid for through the Affordable Housing Fund. d) To direct staff to prepare an RFP and solicit proposals for approval by Council. Motion Schmeltzer, second Barks. Ayes: Barks, Brutsch, Schmeltzer Noes: Wood and Mayor Webber MUNICIPAL MATTERS 6. STATUS REPORT AMENDMENT TO COMMODORE CONVERSION SETTLEMENT AGREEMENT. MEMORANDUM FROM PLANNING DIRECTOR SAPETTO, DATED MARCH 16, 19830 City Manager Meyer gave a staff report. A document laying out city's and developer's responsibilities would come back before council with a time line and outline as to the protection of the City. -4- MINUTES 3-22-83 Also, a part of this agreement would be what fund these monies would go into. City Attorney Post added that the payoff at the completion of the developer's financial responsibility to the City is likely to occur soon, in light of the current financial situation. ACTION - to authorize the City Attorney to draw up an agreement with the Commodore embodying the concept in Items 1 and 2 of the staff recom- mendation: 1) As of April 1, 1983, or shortly thereafter, the City is to receive an amount in excess of $1,000 (possible $1,200) as each unit sells; and 2) When Bank of America,which is. underwriting the financing of sales in the form of a $3 million loan, is paid, then a payment schedule can be activated,e.g., as each additional unit sells, Quanta Corp. shall forward to the City $50,000 until subsections (b), Page 11 and (c), Page 12 of the settlement agreement are: fully satisfied; total amount owed to the City is $200,000. This document is to be brought back to City. Council and to contain a penalty provision document to be on the agenda of April 12, and that staff indicate what funds monies will go in:o. Motion •Schmeltzer, ,second Barks. At the suggestion;'of Councilmember Wood, And with the concurrence of maker and second, the following was added to the above motion: To provide for the recovery of the°attorney's fees under the requirements of the negotiated agreement and that'the City Council be made aware of transactions with the bank so that Council may determine when the money would start to flow. Vote on above motion in its. entirety: Ayes: Barks, Brutsch, Schmeltzer Noes: Wood, Mayor .Webber "Affordable Housing Fund" It was noted that by council action 11-9-82, Resolution No. 82-4564, and furtheraction on 2-8-83, the intent was to create a special fund, nameless as yet, in place of the so-called "Affordable Housing Fund." City Manager Meyer was directed to research and report on these actions and indicated that the information would be furnished council on April 12. 7. A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF HERMOSA LEACH, CALIFORNIA, ELIMINATING SPECIFIC FUNDS AND TRANSFERRING THE BALANCE IN EACH TO THE GENERAL FUND WITH RESERVES SET UP AS INDICATED. Memorandum from Viki Copeland, Finance Administrator and City Treasurer -Norma Goldbach.dated March 17, 1983. City Treasurer Goldbach gave a staff report. ACTION to adopt Resolution No. 83-4578: ( COMPLETE TITLE ABOVE.) Motion Schmeltzer, second Brutsch. The City Attorney noted that the money in the Music, Parks and Advertising Fund was originally collected as part of a property tax (Per Ordinance or Resolution by initiative or referendum) and that transfer of the funds to a different fund would do no violence to that ordinance or resolution, 5 MINUTES 3-2'2-83 The following vote was then taken on the motion: Ayes: Barks, Brutsch, Schmeltzer and Mayor Webber Noes: Wood 8. ORDINANCE NO. 83-721 AMENDING SECTION 19-96 OF THE MtNICIPAL CODE BY ADDING A NEW PARAGRAPH ESTABLISHING A PARKING METER ZONE ON THE CITY OWNED LOT ON FOURTH STREET, EAST OF PACIFIC COAST HIGHWAY AND SETTING THE RATE AT 254 PER HOUR. INTRODUCED MARCH 8, 1983. FOR WAIVER OF FURTHER READING AND ADOPTION. ACTION - To waive further reading of Ordinance No. _83-721 entitled: AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING SECTION 19-96 OF THE MUNICIPAL CODE BY ADDING A NEW PARAGRAPH ESTABLISHING A PARKING METER ZONE ON THE CITY OWNED LOT ON FOURTH STREET, EAST OF PACIFIC COAST HIGHWAY AND SETTING THE RATE AT TWENTY-FIVE CENTS (254) PER HOUR. :. Motion Wood, second Schmeltzer. So ordered. FURTHER ACTION To '.inove adoption of Ordinance No. 83-721. Motion Schmeltzer, second Brutsch.- So ordered. 9. TRAFFIC CONTROLS FOR THE FIESTA DE LAS ARTES, MAY 28-30, 1983. REPORT FROM PUBLIC WORKS DIRECTOR CLARK AND CHIEF OF POLICE BEESON. SUPPLEMENTAL MEMORANDUM FROM WILLIAM FOWLER, EXEC. VICE PRESIDENT, HERMOSA BEACH CHAMBER OF COMMERCE, DATED MARCH 22, 1983. ACTION To approve staff recommendation approving staff reports from the Police and Public Works Departments; and authorizing the departments to take recommended actions in regards to the request for "T" configuration for Fiesta de las Artes and the flow of traffic. Motion Webber, second Brutsch. So ordered, noting the abstention of Councilmember Wood. 9. b) Recommendation to Adopt an Ordinance Relating to Standards and Training for (Jail) Corrections Program City Manager Meyer gave a staff report. ACTION - To waive further reading of Ordinance No. 83-722 entitled: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO STANDARDS AND TRAINING FOR CORRECTIONS PROGRAM." Motion Webber, second Brutsch. So ordered. FURTHER ACTION - To introduce Ordinance No. 83-722. Motion Webber, second Brutsch. So ordered, noting the objection of Councilmember Wood. Mayor Webber then declared a recess at 9:05 p.m. The meeting reconvened at 9:15 p.m. with all members present, except for Councilmember Barks returning a brief time later. 10. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Items (b) and (f) discussed at this time and placed in order of agenda format. -6- MINUTES 3-22-83 :(i) Tentative workshop date for condominium conversion standards. ACTION - To hold a workshop session on condominium . standards(on April 20, at 7:00 p.m. Motion Schmeltzer, second Barks. So ordered. FURTHER ACTION - To receive staff analysts and recommendation on the Torrance Condominium Coversion Ordinance at this workshop Motion Barks, second Schmeltzer. So ordered. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) City Council/School Subcommittee Report - Schmeltzer Reported that the City Council/School Subcommittee is meeting once a week, and have discussed the school board plans with ,regard :.to,,,various school! sites. They are asking City Attorney to meet with them next week to map out methodology, to come back to Council to see where they go from there. City Manager Meyer noted that in reviewing the minutes regarding the maintenance yard acquisition and use of VPD funds, if the City isgoing to make a formal offer, tomorrow is the 60 -day deadline, and asked for Council to reaffirm their decision. conversion ACTION - To authorize the City Manager to make an offer on the property referred to as the maintenance lots at the yard, price to be at the minimum open market price.($190,000) Motion Schmeltzer, second Brutsch. So ordered. (b) Report from Railroad Right -of Way Subcommittee with request to authorize Mayor, Mayor Pro -Tem, Planning Director and Aldaron'Consultant to meet in Sacramento, March or April 1983. City Manager Meyer. noted that the consultant has met and apprised the subcommittee of where we stand in the competition, obtaining of endorsements, etc. Endorsements are going well. Consultant encourages that we do additional personal discussion with State legislators. ACTION - To authorize the Mayor and Mayor Pro -Tem, the Planning Director, and one consultant to fly to Sacramento this Thursday to meet with the Senate and Assemblymembers for the purpose of seeking endorsement of Tier 1 Study. Motion Barks, second Schmeltzer. No objections, so ordered. The cost of this trip would be paid for out of Proposition A funds. (less than $500.00) (c) Vacancies - Boards and Commissions Mayor Webber noted that there is a vacancy on the Vehicle 'Parking Place Commission for one member, along with'one upcoming vacancy. PROPOSED ACTION - To reappoint Mrs. McDonald for one full term. Motion Schmeltzer, second Webber. -8- MINUTES 3-22-83 11. MISCELLANEOUS ITEMS AND REPORTS — CITY MANAGER (a) Activity Report ACTION - To receive and file report. Motion Webber, second Brutsch. So ordered. (b) Tentative Future Agenda Items ACTION - To receive and file. Motion Webber, second Brutsch. So ordered. (c) Position Reclassification - Planning Department ACTION - To approve recommendation of staff that the Clerk Typist position in the Planning Department be changed to an Administrative Aide position. That the additional salary of $731 be compensated byallocations from existing grant programs administered by the department rather than the general fund. Said monies to come from the Short Range Transit Plan and Parks and Recreation allocations. Motion Webber, second Brutsch. Ayes: Barks, Brutsch, Schmeltzer, and Mayor Webber :Noes: Wood Continuing List of Budget Cuts ACTION - To approve recommendation of staff to enact Budget Actions 3 and 4. Motion Webber, second Barks. So ordered. (e) Consolidation of General Municipal Election ACTION - To receive and file. Motion Webber, second Brutsch. So ordered. (f) Department of Beaches and Harbors Organizational Structure (information only) ACTION - To receive and file. Motion Webber, second Barks. So ordered. Revenue/Expenditures: July 1982 - February 1983 ACTION To receive and file. Motion Webber, second Schmeltzer. So ordered. (gl) Revenue Reporting: July 1982 - February 1983 ACTION - To receive and file. Motion Webber, second Schmeltzer. So ordered. (h) ATSF Demolition Permit ACTION - To receive and file. Motion Schmeltzer,second Brutsch. So ordered. -7- MINUTES 3-22-83 ACTION - To nominate Ben Wasserman for one full term ending April 3, 1986. Motion Brutsch, second Wood. In light of the fact that the consensus of Council was to appoint Mr. Wasserman to serve a full term, Councilmember Schmeltzer withdrew the former motion, and the second concurred; The following vote was taken on the above action to nominate Ben Wasserman for one term ending April 3, 1986. Schmeltzer - Abstain Brutsch - Wasserman Wood - Wasserman Barks - Abstain Webber - Wasserman FURTHER ACTION To appoint Ben Wasserman. to serve on the Vehicle Parking. District #1 Commission for a full term ending April 3,1986. FURTHER ACTION- To appoint S. McDonald for the unexpired term ending April 3, 1985 on the Vehicle Parking District Commission 77 Motion Wood, second Brutsch. So ordered. • 13. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE - Steve Izant,-830 19th Street, announced:that the Friends of the Arts thanks the Mayor. for her stewardship during her tenure as Mayor and invited the Council and members of the audience and community to attend the FOTA Art Festival on March 25 to March 27, 1983-;-- 14. 983- - 14. OTHER MATTERS —CITY COUNCIL (a) 9th Annual South Bay Area Police Officers and Fire Fighters Medal 'of Valor Luncheon - Councilmember Brutsch Thursday, April 7th at 1.1:00. a.m. at. the Hyatt-L.A. Airport, and extended an invitation to anyone'interested to attend:' .(b) South Bay Cities Association Meeting Councilmember Barks Thursday, March 24, 1983 at Filippone's Restaurant in Torrance. Preceding the above meeting there will be a South Bay Corridor Steering Committee meeting at 6:00 p.m. (c) Santa Fe Appeal —Councilmember Wood. City Attorney Post informed Council that the appeal was. sent out by express mail on Monday and should arrive on Tuesday. Feasibility report from'City Attorney on entering into suit vs'Coastal Commission and potential cost. City Attorney advised that at this point the Coastal Commission is considering what action to take in light of the ICC decision. Coastal Commission may or may not seek to enforce their decision. No viable cause of action at this time because of uncertainty. t (d) Gotanda Property - Councilmember Wood Councilmember Wood questioned the City Attorney as to whether the discussion and decision made regarding the Gotanda proPerty is necessary to be made public and it was Mr. Post's opinion that the City ;i.s,not required to make the information public now so as not to jeopardize its position. Information will be gathered and recommenda- tions will be made to Council. (e) Method of Sending Messages to Planning Commission - Councilmember Wood Councilmember Wood directed question to Planning.Director Sapetto.regarding the appropriate method of sending messages to the Planning Commission; it was noted that the proper method would be in the form of a motion by Council and the Planning staff would make a resolution and return to Council. ACTION - To instruct the Planning staff to bring back to City Council at the April 12, 1983 meeting a Resolution of Intention to the Planning Commission to prepare an ordinance to allow residential properties to be used as parking lots for any use and to prepare a report advising them whether or not said ordinance should be adopted. Motion Wood, second Schmeltzer. So ordered, noting the objection of Councilmember Brutsch. (f) Blue Ribbon Committee - Mayor Webber The Blue Ribbon Committee will be meeting this Thursday and is making good progress, according to City Manager Meyer.. (g) Status Report on Priority Items - Mayor Webber Mayor Webber asked for a status report on priority items, City Manager Meyer noted that staff would be providing a report on April 12th. ADJOURNMENT - On order of the Chair, this meeting was adjourned on March 22, 1983 at the hour of 10:00 p.m. to a regular meeting to be held �n Tuesday, April 12, 1983 at the hour of 7:30 p.m. in the Council Chamber at City Hall. Said meeting is to be preceded by a closed session at the hour of 6:30 p.m. -10- Minutes 3-22-83