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City Council Minutes January 28, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, January 28, 2003, at the hour of 7:15 p.m.
PLEDGE OF ALLEGIANCE
George Barks
ROLL CALL
Present: Dunbabin, Keegan, Reviczky, Yoon, Mayor Edgerton
Absent: None
ANNOUNCEMENTS
Councilmember Dunbabin announced the very entertaining performances of "Flanagan's Wake" at the Hermosa Beach Playhouse for the next couple of weeks and provided the reservation phone number. She said that the Coordinating Council's program on autism and special education would take place at the Kiwanis Building on Thursday, January 30 from 11:00 a.m. to 1:00 p.m. and gave the phone number to make for reservations for the $12 lunch. She noted the excellent list of classes shown in the City's Spring recreation brochure and said residents should check their mailboxes or stop by City Hall for a copy.
Mayor Edgerton described the procedure and articles collected at the Hazardous Household Waste roundup held the previous Saturday and for those who missed this opportunity there would be another roundup coming up in the future.
PRESENTATIONS:
As the recipients were not present to receive either of the two Certificates of Recognition, presentations were continued to next meeting.
CLOSED SESSION REPORT FOR MEETING OF JANUARY 14, 2003
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time was:
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Mike Lacey
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- Comedy and Magic Club owner, expressed frustration that the problems making the operation of his club difficult and costly had not been resolved even with the formation of a Council subcommittee in November 2002; said he had been a good neighbor to the community but was being forced out of town, noting that Torrance was interested in relocating his club there; suggested conducting a public meeting to receive input from Hermosa Beach residents;
Action: It was the consensus of the City Council to schedule a meeting at 4:00 p.m. on Sunday, February 2, at the Comedy and Magic Club to be attended by Mayor Edgerton, Councilmember Yoon, and the appropriate City staff members.
Continuing to come forward to address the Council at this time were:
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Al Bowen
- - Hermosa Beach, publicly thanked Police Officer Paul Wolcott for statements he made which exonerated him in a lawsuit resulting from the accusation of his wife's killing a pedestrian; noted that his wife was a victim of mental illness; said he had been offended by negative statements regarding promoters because he is a promoter who had been honored with a certificate of tribute by the City of Los Angeles; said that Southern California was developed by promoters;
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George Barks
- - newly elected Vice President of the National United States/Mexico Sisters Cities Association, presented City Clerk Elaine Doerfling, current president of the Hermosa Beach Sister Cities Association, and Mayor Edgerton with a Humanitarian Award (City Clerk Doerfling said that she was proud of the Association's sponsorship of the paramedic training program and the V.O.S.H. eyeglass program for the children of Loreto, that it was an honor to work with this fine group of volunteers, and that the plaque would hang in her City Hall office.);
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Jack Janken
- - Hermosa Beach, shared Mr. Lacey's frustration with the City; said Mr. Lacey deserved more respect from the Council and his issues should be addressed promptly; asked if he could attend the February 2 meeting at the Comedy and Magic Club (Mayor Edgerton said that Mr. Janken was welcome to attend, as was Al Bowman who made the same request from the audience); and
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Carla Merriman
- - Hermosa Beach Chamber of Commerce Executive Director, expressed support for Mr. Lacey and asked if she could also attend the February meeting (Mayor Edgerton said that she could attend as well).
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: Keegan (e), Dunbabin (i), and Reviczky (k).
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
At 7:48 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and 5(b).
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Recommendation to receive and file memorandum from City Clerk Elaine Doerfling regarding the City Council minutes of January 6, 2003 and January 14, 2003 (PDF File).
Action: To receive and file the City Clerk's memorandum, as recommended.
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Recommendation to ratify check register.
Action: To ratify the check register, as presented.
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Recommendation to receive and file Tentative Future Agenda Items (PDF File).
Action: To receive and file the Tentative Future Agenda Items as presented.
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Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of January 7, 2003.
Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of January 7, 2003.
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Recommendation to approve a Professional Services Agreement for construction management services with Quantum Consulting, Inc. for a fee not to exceed $147,600; authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and authorize the Director of Public Works to make minor changes as necessary not to exceed $14,760. Memorandum from Public Works Director Harold Williams dated January 15, 2003 (PDF File).
This item was removed from the consent calendar by Mayor Pro Tempore Keegan for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions.
Action: To approve the staff recommendation to:
- Approve a Professional Services Agreement with Quantum Consulting, Inc., for a fee not to exceed $147,600, for construction management services with regard to the Loma Area (CIP Nos. 00-410 and 00-192) and Target Area 1 (CIP No. 00-411) Sewer and Street Improvement projects;
- Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney;
- Authorize the appropriation of $100,000 from the 160 Sewer Fund; and
- Authorize the Director of Public Works to make minor changes as necessary, not to exceed $14,760.
Motion Keegan, second Reviczky. The motion carried by a unanimous vote.
Further Action: To direct the Public Works Commission to review the concept of in-house construction management for road projects for this year and the ones planned for next year.
Motion Keegan, second Reviczky. The motion carried by a unanimous vote.
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Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 23, 2003 (PDF File).
Claimant: Alvarado, Armando
Date of Loss: 01-01-03
Date Filed: 01-08-03
Action: To deny the above-noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation that the City Council waive parking fees for the meters along both sides of Pier Avenue (from Manhattan Avenue to Hermosa Avenue), Hermosa Avenue between 8th and 16th Streets; and, 11th Street from Hermosa Avenue to Beach Drive, as well as fee waivers for volunteer and staff parking in Lot B from 6:00am to 1:00pm during the Sand and Strand Run on Sunday, March 9, 2003. Memorandum from Community Resources Director Mary Rooney dated January 21, 2003 (PDF File).
Action: To waive parking fees for the meters along both sides of Pier Avenue (from Manhattan Avenue to Hermosa Avenue), Hermosa Avenue (between 8th and 16th streets), and 11th Street (from Hermosa Avenue to Beach Drive), as well as fee waivers for volunteer and staff parking in Lot B from 6 a.m. to 1 p.m. during the Sand and Strand Run on Sunday, March 9, 2003, as recommended by the Parks, Recreation and Community Resources Commission and staff.
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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 26, 2003 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 21, 2003 (PDF File).
Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff 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 26, 2003 from 10 a.m. to 3 p.m., with the following requirements and waivers:
- Provide the City with a certificate of insurance in the amount of $2 million;
- Indemnify the City;
- Provide the City with signed indemnification forms from all event participants;
- Waive the $1.20 per participant/spectator fee;
- Pay for direct staff costs for Community Resources Recreation Supervisor if required;
- Pay for any Public Works services required (at regular hourly rate);
- Place oil pans below each vehicle;
- Retain an 18-foot continuous fire lane on the Plaza;
- Provide one fire extinguisher per vehicle;
- Provide an event notice to Plaza merchants;
- Supply volunteer security for the event;
- Set-up hours 8 a.m. to 10 a.m.; tear-down completed by 4 p.m.; and
- One adult in front and one behind each vehicle as they enter and exit the Plaza to ensure pedestrian safety (orange vests).
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated January 21, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions.
Action: To receive and file the status report of capital improvement projects that are either under design or construction, as recommended by staff.
Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.
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Recommendation to receive and file action minutes from the Public Works Commission meeting of January 15, 2003.
Action: To receive and file the action minutes from the Public Works Commission meeting of January 15, 2003.
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Recommendation to award contract for Storm Drain Catch Basin Maintenance to United Storm Water, City of Industry, California in the amount of $39,845.00 for twenty-nine (29) months and authorize the Director of Public Works to make changes to the contract amount not to exceed $3,985.00. Memorandum from Public Works Director Harold Williams dated January 21, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Superintendent Flaherty responded to Council questions.
Action: To approve the staff recommendation to:
- Award the contract for Storm Drain Catch Basin Maintenance to United Storm Water, City of Industry, California in the amount of $39,845 for 29 months; and
- Authorize the Director of Public Works to make changes to the contract amount not to exceed $3,985.
Motion Reviczky, second Dunbabin. The motion carried with a unanimous vote.
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Recommendation to authorize the purchase of one new natural gas 2003 Ford F-150 pickup truck from Wondries Fleet Division of Alhambra, California in the amount of $17,996.57 for the Community Development Department Code Enforcement. Memorandum from Community Development Director Sol Blumenfeld dated January 14, 2003 (PDF File).
Action: To authorize the purchase of one new natural gas 2003 Ford F-150 pickup truck from Wondries Fleet Division of Alhambra, California in the amount of $17,996.57 for the Community Development Department Code Enforcement, as recommended by staff.
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Recommendation to receive and file the December 2002 Treasurer's report (PDF File).
Action: To receive and file the December 2002 Treasurer's report, as recommended.
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Recommendation to receive and file the December 2002 Investment report (PDF File).
Action: To receive and file the December 2002 Investment report, as recommended.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of January 21, 2003.
Action: To receive and file the action minutes of the Planning Commission meeting of January 21, 2003.
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CONSENT ORDINANCES
NONE
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
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Items 2(e), (i) and (k) 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.
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PUBLIC HEARINGS
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APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL PLAN AMENDMENT FROM NEIGHBORHOOD COMMERCIAL (NC) TO HIGH DENSITY RESIDENTIAL (HD) AND ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO MULTIPLE-FAMILY RESIDENTIAL (R-3) OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE PLANNING COMMISSION, AND A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP NO. 26923 FOR A TWO-UNIT CONDOMINIUM, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 19 2ND STREET. Memorandum from Community Development Director Sol Blumenfeld dated January 21, 2003 (PDF File). Supplemental letter dated January 27, 2003 from Elizabeth Srour on behalf of property owners/applicants Gary and Cindi Wells requesting a continuance.
City Manager Burrell said the appellants requested a continuance to the next meeting or a later one, and he suggested that the item be continued to February 25 when it was expected that the full Council would be present.
Responding to Council questions, City Attorney Jenkins advised that public testimony not be accepted this evening since the applicant was not present.
Action: To continue the public hearing to February 25, 2003.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL PLAN AMENDMENT FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND A ZONE CHANGE FROM GENERAL COMMERCIAL (C-3) TO TWO-FAMILY RESIDENTIAL (R-2) OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE PLANNING COMMISSION AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 726 10TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated January 21, 2003 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.
The public hearing opened at 8:12 p.m. Coming forward to address the Council on this item was:
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Gloria Kolesar
- - property owner, said the lot was zoned C-3 with a 600 square foot house on it, and was similar to a lot on Fourth Street which in the late 1990's was granted a General Plan Amendment and Zone Change; said the property was situated west of the barrier and had residences on two sides; said the required setbacks would restrict the property to the extent that that it would be virtually unusable for commercial development; said the Mobil gas station on the adjacent property was not interested in expanding thought it was unlikely that anyone would consider combining the two properties in the future; said the property as currently zoned was of no value to her or to the City, noting that it had been re-zoned in 1956 from R-2 to C-3 for unknown reasons.
The public hearing closed at 8:32 p.m.
Action: To overturn the Planning Commission's denial, thereby approving the requested General Plan Amendment and Zone Change, with the required resolution and ordinance to be presented for Council action at the next meeting.
Motion Yoon, second Keegan. The motion carried, noting the dissenting votes of Dunbabin and Reviczky.
The meeting recessed at 8:55 p.m.
The meeting reconvened at 9:12 p.m. at which time the order of the agenda was returned to item 4 (items removed from the Consent Calendar).
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MUNICIPAL MATTERS
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ORDINANCE AMENDING THE TAXICAB REGULATIONS PERTAINING TO FRANCHISES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated January 23, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue was:
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Darian Debellis
- - representing Yellow Cab Co-op, questioned the fairness of allowing non-franchise cab companies an additional 90 days to provide service since they would be paying less than the company or companies awarded a franchise (City Manager Burrell explained that there would be very few cabs involved and that it would be for a short period of time. City Attorney Jenkins noted the value of the franchise itself).
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 03-1226, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TAXICAB REGULATIONS PERTAINING TO FRANCHISES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE."
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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REQUEST TO REJECT ALL TAXICAB FRANCHISE PROPOSALS AND RE-BID THE FRANCHISE PROPOSAL A SECOND TIME. Memorandum from Police Chief Michael Lavin dated January 21, 2003 (PDF File).
Police Chief Lavin presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council were:
- Wayne Bedoin
- - attorney representing Bell Cab, said that the "protest" against the joint venture proposal was more of a concern, which was shared by the City Attorney; said potential bidders had been told at the pre-proposal conference in October that small companies could join together in a bid if they formed one single business entity; said the firms that submitted the joint-venture bid are two major companies that did not form a single entity; referred to the non-collusion affidavit that bidders were asked to sign; requested that the Council reject only the joint bid and consider the conforming bids for the franchise;
- Darian Debellis
- - Yellow Cab Co-Op, said that he was glad the issue of non-collusion was raised, gave a definition of collusion as a secret agreement, especially for an illegal purpose; asked for an explanation from City Attorney Jenkins as to why the project should be re-bid;
- Oswaldo Guidos
- - representing All Yellow, Inc., said his company had worked hard on the proposal and was disappointed that legal issues were the focus rather than the City's goal for good cab service; said his company has provided good service and they want to continue to operate in the City;
- Art Taylor
- - representing United Independent Taxi Drivers, Inc., said the issue of joint proposals was raised because some of the companies lacked the number of cabs needed to meet the minimum requirement; said they were told that a joint proposal had to come from one corporation under one logo; said his company was the first to hold taxi permits in Hermosa Beach and had licenses in almost every city in Los Angeles County;
- Michael Calin
- - representing Bell Cab, spoke of the direction that had been given at the pre-proposal conference that allowed small companies, which did not have the minimum of 40 cabs, to join together if a one-entity corporation was formed; said his company's attorney addressed his concerns to City Attorney Jenkins because the joint-venture proposal was from two major companies who are fierce competitors; requested that the Council not accept bids of this type in the re-bid process; and
- Victor Caballero
- - representing Administrative Services Co-op, suggested that the City Council take a different approach and discuss the bids already submitted in closed session; said he understood that the Council wanted to make sure everything was done correctly but did not think that would preclude accepting joint-venture proposals.
Action: To approve the staff recommendation to:
- Reject all proposals submitted;
- Direct staff to re-bid the franchise proposal a second time to be returned to the City Council at its March 11, 2003 regular meeting; and
- Allow joint ventures provided they have proof of insurance that provides liability for all cabs and they satisfy local business organization under California law;
with the additional direction to staff to determine if neighboring cities have had experience with joint-venture taxi franchises.
Motion Mayor Edgerton, second Keegan. The motion carried by a unanimous vote.
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SPEED HUMP POLICY. Memorandum from City Manager Stephen Burrell dated January 23, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action: To defer the issue until February 25, 2003, since the Public Works Commission would consider the matter at its meeting of February 19 and would recommend a revised speed hump policy to the Council.
Motion Dunbabin, second Keegan. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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SURFERS WALK OF FAME DEDICATION CEREMONY - SATURDAY, MARCH 29, 2003. Memorandum from City Manager Stephen Burrell dated January 22, 2003 (PDF File).
City Manager Steve Burrell presented the staff report and responded to Council questions.
Action: To schedule 11 a.m., Saturday, March 29, 2003 for the dedication of the Surfers Walk of Fame on the Pier.
Motion Keegan, second Yoon. The motion carried by a unanimous vote.
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RESOLUTION URING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S SHIFT OF LOCAL VLF REVENUES AND HONOR THE 1998 COMMITMENT TO RESTORE THE VLF IF BACKFILL REVENUES COULD NOT BE MAINTAINED. Memorandum from City Manager Stephen Burrell dated January 23, 2003 (PDF File).
City Manager Steve Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 03-6247, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VEHICLE LICENSE FEE (VLF) REVENUES AND TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF," with direction to staff to track the bill.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
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ZERO EMISSION VEHICLE PARKING PROGRAM. Memorandum from City Manager Stephen Burrell dated January 23, 2003 (PDF File).
City Manager Steve Burrell presented the staff report and responded to Council questions.
Action: To direct staff to develop a pilot program for Council review.
Motion Keegan, second Reviczky. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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OTHER MATTERS - CITY COUNCIL
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Request from Mayor Edgerton to schedule a hearing on a proposal to build an "end house" on the Pier.
Mayor Edgerton spoke to his request.
Action: To direct staff to provide extensive notice to the public concerning a meeting to be scheduled in April (date to be determined) to discuss whether or not an "end house" should be built on the pier.
Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.
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Request from Councilmember Reviczky to schedule on a future agenda a review of problems in the downtown area, with input from the Police Department.
Mayor Edgerton suggested the establishment of a Council subcommittee to conduct a pro-business meeting with restaurant owners and the Chamber of Commerce.
Action: To establish a subcommittee of Councilmembers Reviczky and Yoon to schedule a pro-business meeting with restaurant owners and the Chamber of Commerce; and to direct staff to agendize the issue for Council review at the meeting of February 25, 2003, with all information available, including input from the Police Department regarding specific problems and feasible solutions.
Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
City Manager Burrell said he would set up the subcommittee meeting through the Chamber of Commerce and the Downtown Business Association.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 28, 2003, at the hour of 10:41 p.m. to the Regular Meeting of Tuesday, February 11, 2003, at the hour of 7:10 p.m.
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