City Council Minutes February 11, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, February 11, 2003, at the hour of 7:14 p.m.

PLEDGE OF ALLEGIANCE

Cub Scout Pack 860

ROLL CALL

Present: Keegan, Reviczky, Yoon, Mayor Edgerton
Absent: Dunbabin

ANNOUNCEMENTS

Mayor Edgerton announced that the meeting would be adjourned in memory of Leslie Newton, who passed away on January 25 in Carmel after a long battle with cancer, and expressed condolences to her husband Jerry. He said Leslie had been a long-time Hermosa Beach resident and would be sorely missed, noting that she and Jerry had both been active in the community, served on City commissions, and were named by the Chamber of Commerce as Man and Woman of the Year. Councilmember Reviczky expressed his personal condolences to Jerry Newton on the passing of Leslie, noting that she was a wonderful person.

Mayor Edgerton announced that the meeting would also be adjourned in memory of Bob Goldin, contract planner for the City's Community Development Department, who had been killed earlier in the day in an automobile accident. He said Bob had performed a wonderful job, particularly negotiating the Tyco contract for the fiber optics cable, had been a joy to work with, and had provided some humorous moments during his association with the City. He expressed sincere condolences to the Goldin family.

Councilmember Reviczky expressed pride in his youngest son Nick who graduated last week from Naval boot camp and who, after additional training, would be assigned to the USS McClusky, one of the frigates that paid Hermosa Beach a port call. He then commented on the success of the City's recent Hazardous Household Waste Roundup, noting that 80% of the materials turned in by the 1,375 participants, would be recycled.

Councilmember Yoon announced the City's inaugural "State of the City" address by Mayor Edgerton on February 20, which would have a studio audience of 20 students selected for Leadership Hermosa and be broadcast by Adelphia, noting that the address would be followed by a question and answer session and then an informal continuation of the event at the new Union Bank. He praised the veteran members of the Council, stating that he had benefited from their leadership. He said it had been a pleasure working with Public Works Director Harold Williams who he understood was taking a job closer to his home.

Mayor Pro Tempore Keegan thanked Mayor Edgerton and Councilmember Yoon for calling him while he was in the hospital, having had fused disk surgery eight days earlier.

PRESENTATIONS:

CERTIFICATE OF RECOGNITION TO MIKE McQUEEN

Mayor Edgerton expressed his appreciation and presented the certificate to Mr. McQueen, who designed, manufactured, and donated to the City a custom-made Fiberglas stretcher to transport large animals during rescue operations. Mr. McQueen displayed the stretcher for the benefit of the Council and the audience.

CERTIFICATE OF RECOGNITION TO V.O.S.H. AND THE HERMOSA BEACH SISTER CITY ASSOCIATION

Mayor Edgerton presented the certificate to George Barks of the Sister City Association and Deborah Wright of V.O.S.H. and read the certificate which stated that on the previous Thanksgiving weekend, 380 elementary and junior high children in Loreto, Mexico, received eye examinations and that 140 of them received glasses, noting the generous donation toward the project by long-time Sister City member Thelma Greenwald.

Deborah Wright said it was an honor to work with the Sister City Association and that the project was a group effort, citing the coordinating efforts between long-time member George Barks and Dr. Collins of Loreto; the 20 volunteers from Loreto; and Dr. Greg Pearle and his team of student doctors.

George Barks stated that none of this would have been possible without the City of Hermosa Beach adopting Loreto in 1967 and without the magnificent leadership of City Clerk Elaine Doerfling; and that this represents what can be accomplished people-to-people to foster friendship, good will, and understanding.

CERTIFICATE OF RECOGNITION TO ROGER E. BACON

Mayor Edgerton presented a certificate to longtime local businessman Roger Bacon and listed his numerous community projects, approached with unequaled dedication and zeal, as follows: founding of the continuing banner program, which had raised $60,000 so far for the Hermosa Beach Education Foundation, raising $40,000 for the renovation of a City landmark, the Vetter windmill, creating the Surfer's Walk of Fame on the Hermosa Pier which would be dedicated on March 29, host of the City Council "half-time show", interviewing interesting guests during the meeting recess.

Roger Bacon expressed thanks to the Mayor and the City Council, stating that he had aggressively pursued projects but they had all been completed. He mentioned collection of funds for 17-year old Miriam Murillo (former Loreto exchange student undergoing extensive surgery), and invited everyone to attend the Surfer Walk of Fame dedication ceremony on March 29 at which time 16 pioneer members and seven charter members would be inducted to the sounds of a "Beach Boy" type rock group. He closed by announcing that tonight's Council recess interview would be with a representative of the Redondo Beach Sea Lab who would discuss the recent pilferage of 13 sharks.

Councilmember Reviczky commented on the three proclamations. He said it was no small accomplishment that Mr. McQueen provided the City with the much-needed large animal stretcher, as one was not available commercially. He praised V.O.S.H., Deborah Wright and all involved with the huge undertaking of providing better vision for the children of Loreto, which he said was accomplished by many, many meetings and numerous trips to Loreto. He expressed appreciation to Roger Bacon, who he said put his efforts and his money where his mouth was in all the good he had done for the community.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    Roger Bacon
    - Hermosa Beach, expressed appreciation to the Planning and Building Departments and City Manager Steve Burrell for assistance during the remodeling of Ralph's; thanked the City Manager for encouraging him when he was ready to give up on the Vetter Windmill and the Surfer's Walk of Fame projects; said that everyone can take pride in Hermosa Beach, a great city; and,
    George Barks
    - Redondo Beach, said as Director of the National U.S./Mexico Sister Cities Association, he was attempting to get the three beach cities of Hermosa, Manhattan and Redondo to work together and, to that end, City Clerk Elaine Doerfling, President of the Hermosa Beach Sister City Association, had attended last week's meeting of the Redondo Beach Sister City Association; said he was encouraged that the Council was working hard to resolve the issues with Mike Lacey because the Comedy and Magic Club helped put Hermosa Beach on the map.
  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: Reviczky (f).
    Motion Reviczky, second Yoon. The motion carried noting the absence of Councilmember Dunbabin.

    At 7:45 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and 5(b).

    1. Recommendation to approve the following minutes:

      1. Minutes of the Adjourned Regular meeting held on January 6, 2003; and,
      2. Minutes of the Regular meeting held on January 14, 2003.

      Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of January 6, 2003 and the Regular meeting of January 14, 2003. (Dunbabin absent)

    2. Recommendation to ratify check register Nos. 31707 through 31857 and the cancellation of check Nos. 31711, 31832 and 31835 as recommended by the City Treasurer.

      Action: To ratify the check register as presented. (Dunbabin absent)

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

      Action: To receive and file tentative future agenda items as presented. (Dunbabin absent)

    4. 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 February 3, 2003 (PDF File).

      Claimant Reed, Bryan
      Date of Loss 01-12-03
      Date Filed 01-23-03

      Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Dunbabin absent)

    5. Recommendation to receive and file the December 2002 Revenue and expenditure report. Memorandum from Finance Director Viki Copeland dated February 4, 2003 (PDF File).

      Action: To receive and file the December 2002 Revenue and Expenditure Status Reports. (Dunbabin absent)

    6. 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 2003. Memorandum from City Treasurer John Workman dated January 29, 2003 (PDF File).

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

      City Treasurer Workman responded to Council questions.

      Action: To approve the staff recommendation to adopt Resolution No. 03-6249, 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 2003."
      Motion Reviczky, second Keegan. The motion carried noting the absence of Councilmember Dunbabin.

    7. Recommendation to authorize the purchase of a new radio transmitter for the Police Department from the Motorola Corporation of Schaumburg, Illinois for $15,443.65 (includes tax and shipping). Memorandum from Police Chief Michael Lavin dated February 3, 2003 (PDF File).

      Action: To authorize the purchase of a new radio transmitter for the Police Department from the Motorola Corporation of Schaumburg, Illinois for $15,443.65 (includes tax and shipping), as recommended by staff. (Dunbabin absent)

    8. Recommendation to approve a Professional Services Agreement with Gerson/Overstreet Architects in the amount of $17,500 for Project No. CIP 99-631 - Beach Restrooms Rehabilitation; authorize the City Clerk to attest and the Mayor to execute agreement upon approval as to form by the City Attorney; and, authorize the Director of Public Works/City Engineer to make changes to the contract in an amount not to exceed $1,750. Memorandum from Public Works Director Harold Williams dated February 3, 2003 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve a Professional Services Agreement with Gerson/Overstreet Architects in the amount of $17,500 for Project No. CIP 99-631 - Beach Restrooms Rehabilitation;
      2. Authorize the City Clerk to attest and the Mayor to execute agreement upon approval as to form by the City Attorney; and
      3. Authorize the Director of Public Works/City Engineer to make changes to the contract in an amount not to exceed $1,750. (Dunbabin absent)
    9. Recommendation to approve the Little League Batting Cage Enhancement as recommended by the Parks, Recreation and Community Resources Advisory Commission. Memorandum from City Manager Stephen Burrell dated February 6, 2003 (PDF File).

      Action: To approve the Little League Batting Cage Enhancement at Clark Field, as recommended by the Parks, Recreation and Community Resources Advisory Commission. (Dunbabin absent)

    10. Recommendation to authorize an advance payment of $8,000 to Verizon and authorize the City Manager to execute the work order and appropriate $8,000 from the Capital Improvement Fund. Memorandum from City Manager Stephen Burrell dated February 6, 2003 (PDF File).

      Action: To authorize an advance payment of $8,000 to Verizon and authorize the City Manager to execute the work order and appropriate $8,000 from the Capital Improvement Fund. (Dunbabin absent)

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 03-1226 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TAXICAB REGULATIONS PERTAINING TO FRANCHISES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 3, 2003 (PDF File).

      City Clerk Doerfling presented the ordinance for adoption, noting it had been introduced at the previous meeting by a unanimous vote.

      Action: To waive full reading and adopt Ordinance No. 03-1226, as recommended, by the following vote:

      AYES: Keegan, Reviczky, Yoon, and Mayor Edgerton
      NOES: None
      ABSTAIN: None
      ABSENT: Dunbabin

    2. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM GENERAL COMMERCIAL (C3) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF A RESOLUTION AMENDING THE GENERAL PLAN MAP FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD) FOR THE PROPERTY LOCATED AT 726 TENTH STREET AND LEGALLY DESCRIBED AS LOT 10, TRACT NO 223 AND ADOPTION OF A NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 2003 (PDF File). Supplemental resolution and ordinance submitted February 11, 2003.

      Action: To approve the staff recommendation to:

      1. Adopt supplemental Resolution No. 03-6248, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN MAP FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD) FOR THE PROPERTY LOCATED AT 726 TENTH STREET AND LEGALLY DESCRIBED AS LOT 10, TRACT NO. 223, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION"; and
      2. Waive full reading and introduce supplemental Ordinance No. 03-1227, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C-3) TO TWO-FAMILY RESIDENTIAL (R-2) FOR THE PROPERTY LOCATED AT 726 TENTH STREET AND LEGALLY DESCRIBED AS LOT 10, TRACT NO. 223, AND ADOPTION OF A NEGATIVE DELCARATION."

      Motion Keegan, second Yoon. The motion carried, noting the dissenting vote of Councilmember Reviczky and the absence of Councilmember Dunbabin.

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(f) was heard at this time but is shown in order for clarity.

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

  5. At 8:14 p.m., the order of the agenda returned to Municipal Matters item 6(a).

  6. PUBLIC HEARINGS

    1. CONSIDERATION FOR APPROVAL OF TWO FIESTAS HERMOSA; MEMORIAL DAY WEEKEND, MAY 24, 25 AND 26, 2003 AND LABOR DAY WEEKEND, AUGUST 30, 31 AND SEPTEMBER 1, 2003. Memorandum from Community Resources Director Mary Rooney dated February 4, 2003 (PDF File).

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

      The public hearing opened at 7:48 p.m. Coming forward to address the Council on this issue was:

      Carla Merriman - representing the Chamber of Commerce, said in the interest of public safety, the booths on Pier Plaza would be taken down at 6 p.m. each day (to be completed no later than 7:30 p.m.); said approval for two fiestas was being sought at this time to enable vendors and artisans to make plans, as there are many other competing shows, and to allow the Chamber ample time to negotiate good rates for entertainment; pointed out that there were only three months between the two events and that the vendors/artisans required a 90-day guarantee; said universal booths, as suggested by Councilmember Dunbabin, would have to be phased in over a period of time; said problems with the suggestion included: (1) many booths were custom built, some with shelves, and required heavier side support and electricity, (2) many people thought that the colorful booths added to the festive atmosphere, and (3) the extra expense would be $150 per booth for the white, easy-up tents; said the Chamber would implement Councilmember Yoon's suggestion for a VIP area at the May event to showcase the City and attract businesses that would be a good fit for the City. (Council consensus was to discuss the universal tents at a future meeting when Councilmember Dunbabin was present.)

      The public hearing closed at 8:02 p.m.

      Action: To approve the staff recommendation to:

      1. Approve the request from the Hermosa Beach Chamber of Commerce and Visitors' Bureau for one Fiesta Hermosa (Memorial Day weekend);
      2. Waive application, banner and amplification fees as a nonprofit organization, and bill only for actual costs incurred by Police and Public Works for various direct services provided;
      3. Approve the requested use of Proposition A funds for the shuttle bus; and
      4. Require that vendor booths placed directly on Pier Plaza be removed at the conclusion of each event day; and

      to postpone approval of the second Fiesta Hermosa (Labor Day weekend) to the February 25 Council meeting, when the marketing plan is presented.
      Motion Mayor Edgerton, second Yoon. The motion carried, noting the absence of Councilmember Dunbabin.

    2. APPEAL OF PLANNING COMMISSION DENIAL OF AN AFTER-THE-FACT VARIANCE TO ALLOW A REAR YARD OF 2.8 FEET RATHER THAN THE REQUIRED 5 FEET AND GREATER THAN THE MAXIMUM 65% LOT COVERAGE FOR A TWO-UNIT CONDOMINIUM PROJECT CONSTRUCTED BASED ON AN INCORRECT PROPERTY LINE SURVEY AT 222 CULPER COURT. Memorandum from Community Development Director Sol Blumenfeld dated February 3, 2003 (PDF File).

      Action: To continue the public hearing to March 11, 2003.
      Motion Keegan, second Reviczky. The motion carried, noting the absence of Councilmember Dunbabin.

  7. At 8:06 p.m., the order of the agenda reverted to consent ordinance items 3(a) and 3(b), followed by item 4, matters removed from the consent calendar.

  8. MUNICIPAL MATTERS

    1. MID YEAR BUDGET REVIEW 2002-03. Memorandum from Finance Director Viki Copeland dated January 30, 2003 (PDF File).

      Finance Director Copeland presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet; and
      2. Approve the amendment to the contract with AAE, Inc. for additional traffic engineering services in the amount of $23,000 (an additional $5,000).

      Motion Keegan, second Reviczky. The motion carried, noting the absence of Councilmember Dunbabin.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    NONE

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  11. OTHER MATTERS - CITY COUNCIL

    NONE

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

  1. MINUTES:

    Approval of minutes of Closed Session meeting held on January 14, 2003..

  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)
    Name of Case: City of Arcadia, Artesia, et al. v. California Regional Water Quality Control Board, Los Angeles Region
    Case Number: BS080548

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 11, 2002, at the hour of 8:22 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 8:45 p.m. At the hour of 9:00 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 in memory of Leslie Newton and Bob Goldin on Tuesday, February 11, 2003, at the hour of 9:01 p.m. to the Regular Meeting on Tuesday, February 25, 2003, at the hour of 7:10 p.m.