City Council Minutes January 22, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held in Room 4 of the Community Center on Tuesday, January 22, 2002, at the hour of 7:14 P.M.

PLEDGE OF ALLEGIANCE - two members of Boy Scout Troop 860

ROLL CALL:
Present: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin
Absent: None

ANNOUNCEMENTS - Mayor Dunbabin announced that the Council meetings would take place in Room 4 of the Community Center while the Council Chambers is under construction rather than the Valley School multipurpose room as originally planned due to problems with televising and the time-consuming set up and clean up required for each meeting.

Councilmember Yoon spoke of the progress being made by the School Board on the issue of school facility changes, including perhaps a gym, and said he looked forward to the upcoming report. He announced his Monday office hours from 7 to 9 P.M. at Java Man, noting that he met with six citizens over the past two Mondays.

Councilmember Reviczky announced that the next Hazardous Waste Roundup would take place in Hermosa Beach Saturday, January 26, from 9 A.M. to 3 P.M. on Valley Drive across from the Clark Building.

Mayor Dunbabin announced the weekly performances of "Late Nite Catechism" at the Second Story Playhouse (Room 7 of the Community Center) at 8 P.M. Thursday through Saturday and 2 P.M. on Sunday, with thanks to Community Resources and Public Works staff for preparing the room. She reported on the recent Chamber of Commerce mixer at the new Passport Restaurant, noting the mixers were a nice social event and a good opportunity for business owners to get together.

CLOSED SESSION REPORT FOR MEETING OF DECEMBER 18, 2001: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Theresa Alden

- Hermosa Beach, asked about the possibility of the City setting aside a date to recognize and honor our public safety employees who serve the community so well.

Action: To agendize the idea proposed by Ms. Alden.
Motion Edgerton, second Reviczky. The motion carried unanimously.

Continuing to come forward to address the Council at this time was:

Carlos Barrios

- Hermosa Beach, distributed information to the Council members and said he had already met with Public Works staff; expressed concern about his being required to resurface the street now since Loma Drive was scheduled for a new sewer system and street resurfacing by the City in the near future; also expressed concern about residents being required to pay for moving the utility boxes, which were recently put in but should never have been placed in their current locations (Council member Reviczky said the plans for the power boxes were drawn by Edison in conjunction with the other utilities, and that the City had nothing to do with their locations).

City Manager Burrell said, with Council direction, staff would come back with policy and Code changes to deal with this and similar issues, such as (1) not requiring street paving by owner when homes are constructed if the City has a funded project to repave the street; (2) perhaps providing an option to allow a property owner to make a deposit with the City to cover the cost of sidewalk construction by the contractor hired by the City to do the whole street project; and (3) establishing a policy that ensures the property owner as well as the architect/contractor is aware of the requirements so there are no surprises.

Continuing to come forward to address the Council at this time were:

Pete Tucker

- Hermosa Beach, (1) spoke of the upcoming Pier project and asked about the future site of the existing memorial (Mayor Dunbabin said the memorial may be moved to Noble Park; City Manager Burrell said it needed repairs as well) ; (2) questioned the increase on this year's permit parking program (City Manager Burrell said the City's Master Fee schedule provided for fee adjustments per the CPI each September) ; said extra parking enforcement was needed; suggested expanding the preferential parking program to all Hermosa residents, with perhaps different colored passes for those residing outside of the impacted area (Councilmember Reviczky said any changes to the City's preferential parking program would require Coastal Commission approval); and

Albert Roman

- Hermosa Beach, said he has been practicing a type of Chigong for the past 14 months at 14th Street and the Strand; discussed the persecution taking place in China and passed out information to the Council members.

City Clerk Doerfling said that she attended the US/Mexico Sister Cities National Convention over the weekend where Hermosa Beach was honored with the "Model Sister City Award." She said the award was based on the Hermosa Beach Sister City Association's student exchange program, its paramedic and emergency response training program, and the special medical project undertaken to fund the surgeries and medical treatment of a former Loreto exchange student.

  1. WRITTEN COMMUNICATIONS
    1. Letter from Jim Lissner regarding the availability of the Council packet documents on the City website.

      Coming forward to address the Council on this item was:

      Jim Lissner

      - Hermosa Beach, spoke to his letter, noting the resultant savings to the City's paper and copying costs.

      City Manager Burrell and Community Resources Director Rooney responded to Council questions.

      Action: To receive and file the letter and add the issue of the content of the City's website to the upcoming goals session.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (h) Yoon and (i) Mayor Dunbabin. Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

    At 7:54 P.M., the order of the agenda was suspended to go to public hearing item 5.a.

    1. Recommendation to approve the following minutes:
      1. Minutes of the Adjourned Regular meeting held on December 18, 2001 ; and,
      2. Minutes of the Regular meeting held on January 8, 2002.

      Action: To approve as presented the minutes of the Adjourned Regular meeting of December 18, 2001 and the Regular meeting of January 8, 2002.

    2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

      Action: To ratify the check register as presented.

    3. Recommendation to receive and file Tentative Future Agenda Items. (PDF file)

      Action: To receive and file the tentative future agenda items, as presented.

    4. Recommendation to receive and file the December 2001 financial reports: (PDF file)
      1. Memorandum regarding Revenue and expenditure report; (PDF file)
      2. City Treasurer's report; and, (PDF file)
      3. Investment report. (PDF file)

      Action: To receive and file the December 2001 financial reports, as presented.

    5. Recommendation to receive and file action minutes from the Planning Commission meeting of January 15, 2002.

      Action: To receive and file the action minutes from the Planning Commission meeting of January 15, 2002.

    6. Recommendation to adopt resolution approving Final Map #25990 for a 2-unit condominium project at 1641 Golden Avenue. Memorandum from Community Development Director Sol Blumenfeld dated January 15, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6183, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25990 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1641 GOLDEN AVENUE, HERMOSA BEACH, CALIFORNIA."

    7. Recommendation to adopt resolution approving Final Map #26045 for a 3-unit condominium project at 1520 Hermosa Avenue. Memorandum from Community Development Director Sol Blumenfeld dated January 15, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6184, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #26045 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 1520 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA."

    8. Recommendation to approve the request from Great Autos of Yesteryear Classic Car Club, a non-profit organization, to conduct a Car Club display on the Plaza, April 27, 2002 (rain date, May 4) from 10:00 am – 3:00 pm with requirements and waivers as outlined in the staff report. Memorandum from Community Resources Director Mary Rooney dated January 9, 2002. (PDF file)

      This item was removed from the consent calendar by Councilmember Yoon for separate discussion later in the meeting.

      Community Resources Director Rooney presented the staff report and responded to Council questions.

      Action: To approve, as recommended by staff, the request from Great Autos of Yesteryear Classic Car Club, a non-profit organization, to conduct a Car Club display on the Plaza, April 27, 2002 (rain date, May 4) from 10:00 A.M. - 3:00 P.M., subject to the following requirements and waivers:

      1. Provide the City with a Certificate of Insurance in the amount of $2 million;
      2. Indemnify the City;
      3. Provide the City with signed indemnification forms from all event participants;
      4. Waive the $1.20 per participant/spectator fee;
      5. Pay for direct staff costs for Community Resources Recreation Supervisor if required;
      6. Pay for any Public Works services required (at regular hourly rate);
      7. Place oil pans below each vehicle;
      8. Retain an 18-foot continuous fire lane on the Plaza;
      9. Provide one fire extinguisher per vehicle;
      10. Provide an event notice to Plaza merchants;
      11. Supply volunteer security for the event;
      12. Set-up hours 8:00 - 10:00 A.M.; tear-down completed by 4:00 P.M.; and
      13. One adult in front and one behind each vehicle as they enter and exit the Plaza to ensure pedestrian safety (orange vests).

      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

    9. Recommendation to adopt a resolution acknowledging the receipt, filing and approval of the annual statement of investment policy and delegating investment authority to the City Treasurer for the year 2002. Memorandum from City Treasurer John Workman dated January 8, 2002. (PDF file)

      This item was removed from the consent calendar by Mayor Dunbabin for separate discussion later in the meeting.

      City Treasurer Workman presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6186, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA , ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2002."
      Motion Mayor Dunbabin, second Edgerton. The motion carried by a unanimous vote.

    10. Recommendation to adopt a resolution providing for an extension of a temporary increase in the salary for the City Clerk. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 15, 2002 (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6185, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK EFFECTIVE FEBRUARY 1, 2002 THROUGH MARCH 31, 2002"

    11. Recommendation to authorize the "sole-source" purchase of the "T-N-T Rescue Tool" with accessories from Allstar Fire Equipment, Arcadia, California for $15,631.30 (includes sales tax). Memorandum from Fire Chief Russell Tingley dated January 15, 2002. (PDF file)

      Action: To authorize the "sole-source" purchase of the "T-N-T Rescue Tool" with accessories from Allstar Fire Equipment, Arcadia, California for $15,631.30 (includes sales tax, as recommended by staff.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(h) and (i) were heard at this time but are shown in order for clarity.

    Public comments on items removed from the Consent Calendar are shown under the appropriate item.

  5. PUBLIC HEARINGS
    1. TEXT AMENDMENT TO SECTION 17.46.130 -- WALLS, FENCES AND HEDGES IN RESIDENTIAL, COMMERCIAL AND MANUFACTURING ZONES. AMEND TO CHANGE THE REQUIREMENT FOR A BUILDING PERMIT FOR WALLS AND FENCES FROM 36 INCHES OR MORE IN HEIGHT TO 42 INCHES OR MORE IN HEIGHT. (PDF file) (Continued from November 13, 2001 Meeting). Memorandum from Community Development Director Sol Blumenfeld dated January 16, 2002. (PDF file)

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      The public hearing opened at 8:02 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:02 P.M.

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 02-1217, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 17.46.130C OF THE ZONING ORDINANCE TO CHANGE THE REQUIREMENT FOR A BUILDING PERMIT FOR WALLS AND FENCES FROM 36 INCHES OR MORE IN HEIGHT TO 42 INCHES OR MORE IN HEIGHT."
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

  6. MUNICIPAL MATTERS
    1. REQUEST FOR STOP SIGNS ON HERMOSA AVENUE AT 19TH STREET TO CREATE A 3-WAY STOP. Memorandum from Public Works Director Harold Williams dated January 14, 2002. (PDF file)

      Public Works Director Williams presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to uphold the Public Works Commission decision to deny the request to install stop signs on Hermosa Avenue at 19th Street to create a three-way stop. Motion Reviczky, second Keegan. The motion carried, noting the dissenting vote by Mayor Dunbabin.

      At 8:07 P.M., the order of the agenda returned to item 4.

    2. 14TH STREET LANDSCAPE PLANTERS – APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES AND ADVERTISE FOR BIDS. Memorandum from Public Works Director Harold Williams dated January 10, 2002. (PDF file)

      Public Works Director Williams presented the staff report and responded to Council questions, and said staff would come back with a proposal for a four-way stop at 14th Street and Ocean Drive before the project is completed. City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this item were:

      Aslam Amlani

      - Hermosa Beach, expressed concern about the size of the gate at the bottom of the street near Pacific Coast Highway, and suggested that the gate be smaller and the planters a little larger; objected to the proposed 36-inch "do not enter" sign, and suggested eliminating the sign or reducing its size;

      No name given

      - Hermosa Beach, thought the project would enhance the neighborhood but agreed with the previous speaker about the size of the gate; expressed concerns about the size of the planters and drainage from the planters; wanted to work with the City on the planting materials used; and

      Mordy Benjamin

      - Hermosa Beach, said he agreed with the plans in general; said he would like the use of a little brick in the design as suggested by Councilmember Edgerton, but did not want to hold up the project.

      Action: To approve the staff recommendation to:

      1. Approve the plans, specifications, estimates, order the work and call for bids for the 14th Street Landscape Planters; and,
      2. Instruct the City Clerk to post Notice Inviting Sealed Bids for said project; with the project amended to remove or reduce the size of the proposed sign and to eliminate trees from the bid and instead allow the residents to be involved in the selection of the trees and their size, subject to the approval of the Public Works Department.

      Motion Keegan, second Mayor Dunbabin. The motion carried by a unanimous vote.

    The meeting recessed at 8:38 P.M.
    The meeting reconvened at 8:50 P.M.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
    1. PENDING LEGISLATION – RETURN OF PROPERTY TAX BILLS (AB 100, SIMITIAN AND AB 1076, CANCIAMILLA). Memorandum from City Manager Stephen Burrell dated January 17, 2002. (PDF file)

      City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

      Proposed Action: To not support the bills. Motion Yoon, second Edgerton. The motion and second were subsequently withdrawn.

      Proposed Action: To continue the item to the next Council meeting for additional information and further Council discussion. Motion Yoon, second Edgerton. The second was subsequently withdrawn. The motion then died for the lack of a second.

      Action: To direct staff to prepare a letter to the Assembly Appropriations Committee expressing support for AB 100 and AB 1076, two pending bills which, if enacted, would start the return to local jurisdictions of a portion of the property tax that the state now takes. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote by Yoon.

    2. REMOVAL OF UTILITY POLE ON 11TH STREET ADJACENT TO LOMA DRIVE UTILITY UNDERGROUND ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated January 17, 2002. (PDF file)

      City Manager Burrell presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Approve the removal of a utility pole on 11th Street at a total cost of $17,000; and
      2. Approve the appropriation of $17,000 from the Capital Projects Fund to cover the cost of the removal and related work

      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
    1. APPOINTMENT TO PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated January 16, 2002. (PDF file)

      City Clerk Doerfling presented the staff report.

      Action: To appoint Bill Sigler to the Parks, Recreation and Community Resources Advisory Commission to fill an unexpired term ending June 30, 2005.
      Motion Yoon, second Edgerton. The motion carried.

    2. APPOINTMENT TO PUBLIC WORKS COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated January 16, 2002. (PDF file)

      City Clerk Doerfling presented the staff report.

      Proposed Action: To appoint Robert Beste to the Public Works Commission to fill an unexpired term ending October 31, 2004.
      Motion Yoon, second Mayor Dunbabin. The motion failed.

      Action: To appoint Chris Howell to the Public Works Commission to fill an unexpired term ending October 31, 2004.
      Motion Keegan, second Edgerton. The motion carried.

  9. OTHER MATTERS - CITY COUNCIL

    None.

    Councilmember Edgerton spoke of noise problems in the downtown area and the lack of enforcement; said no one had a permit for live bands on the Plaza and the noise adversely affected the ambience of other outdoor restaurant areas; and suggested a meeting with the downtown businesses to resolve the problem.

    Action: To appoint Mayor Dunbabin and Councilmember Edgerton to a downtown noise subcommittee, with direction to staff to set up a meeting with the business owners at one of the area establishments, with a second meeting suggested for midnight or later to better observe any problems.
    Motion Reviczky, second Mayor Dunbabin. The motion carried by a unanimous vote.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

  1. MINUTES:
    1. Approval of minutes of Closed Session meetings held on December 11, 2002; and,
    2. Approval of minutes of Closed Session meetings held on December 18, 2002.
  2. CONFERENCE WITH LEGAL COUNSEL

    The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

    Existing Litigation: Government Code Section 54956.9(a)

    a. Name of Case: Macpherson v. City of Hermosa Beach
    Case Number: BC172546

    Initiation of Litigation: Government Code Section 54956.9(c)

    b. Number of Potential Cases: 1

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 22, 2002, at the hour of 9:16 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 9:21 P.M. At the hour of 10:01 P.M., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

There were no decisions made requiring a public announcement.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 22, 2002, at the hour of 10:02 P.M. to an Adjourned Regular Meeting on Tuesday, February 5, 2002, at the hour of 7:10 P.M., for the purpose of conducting a joint workshop with the Parks, Recreation and Community Resources Advisory Commission.