MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, February 25, 2003, at the hour of 7:24 p.m.

STAR SPANGLED BANNER

- sung a cappella by the Second City Quartet, students of El Segundo High School (preceded by two Beach Boys' songs).

PLEDGE OF ALLEGIANCE

- Boy Scout Troop 860

ROLL CALL

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

ANNOUNCEMENTS

Mayor Edgerton commended the Second City Quartet from El Segundo High School, noting that they would perform at the upcoming Little League opening ceremonies. Mayor Edgerton then requested that the meeting be adjourned in memory of Brad Ellis, who died Friday evening at a Manhattan Beach construction site, noting that he was a dear friend who would be sorely missed. He praised his friendship, integrity, love of people, and enthusiastic approach to life, noting that he was an outdoorsman who loved surfing and sailing. He expressed his condolences to Brad's wife Patty and their two sons, Trevor and Slater, noting that the Ellis family has been very active in the community with Patty as head of the PTO and Brad recently donating time on remodeling the batting cage at Clark Field, among other generous actions.

Councilmember Dunbabin extended her condolences to Patty Ellis and her children. She announced Friends of the Library book sales for members only on Wednesday, February 26 from 6:00 to 7:30 p.m. and for the general public on Saturday, March 1 from 9:30 a.m. to 12:30 p.m. at 1309 Bard, across from the Police and Fire stations. She also announced that the South Bay Council of Governments would be holding an Assembly to discuss Homeland Security at the Community Center in Carson on Thursday, February 27.

CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 11, 2003: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

1. ORAL AND WRITTEN COMMUNICATIONS

   1. Request from Roger Bacon for the addition of Dru Harrison to the Surfers Walk of Fame.

      Coming forward to address the Council on this item was:

      Roger Bacon

      - 1100 Pacific Coast Highway, spoke to his request; said Dru Harrison, who recently passed away, invented "hang heels," and had surfed in Hermosa Beach, and had been ranked the #1 junior surfer at age 15; said this Surfers Walk of Fame honorary award would be installed at a later date since it was too late to include it at the March 29 dedication ceremony; which would take place at 11 a.m., followed by food and entertainment at the Beach House.

      City Manager Burrell responded to Council questions, noting that the honorary award, which would take about eight weeks to manufacture, could be mentioned at the ceremony. It was the consensus of the City Council to provide general direction to staff to proceed with the honorary award for Dru Harrison.

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

   Jennifer Alvarado

   - Co-President of the Hermosa Beach Education Foundation, announced its annual fundraiser on Saturday, March 22, a dinner dance and auction with a Mardi Gras theme at the Redondo Beach Crowne Plaza with tickets at $95 per person ($115 after March 8); said that after a cocktail reception, the silent auction and dinner would be held with a live auction following and dancing until midnight; listed some of the auction items donated including a stay at houses in Kauai, Park City, and Mexico; invited everyone to visit the Foundation's new website at hbef.com; and,

   Joanne Edgerton

   - representing Hermosa Beach Little League, invited the Council, staff, and City residents to attend the opening ceremonies Friday, February 28 at 5:30 p.m., at Clark Field, noting that the Second City Quartet would sing the National Anthem, entertainment would be provided by the Tres Amigos, and food would include the sale of hot dogs and hamburgers.

2. CONSENT CALENDAR:

   Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (a.2.) Dunbabin, (f) Keegan, (h) Reviczky, and (k) Keegan. Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

   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 regular meeting held on January 28, 2003; and,
      2. Minutes of the regular meeting held on February 11, 2003.

      Action: To approve as presented item (1) - the City Council minutes of the Regular meeting of January 28, 2003.

      Item (2) was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting in order to abstain from voting, since she was absent from that meeting.

      Action: To approve as presented the City Council minutes of the Regular meeting of February 11, 2003.
      Motion Reviczky, second Mayor Edgerton. The motion carried, with Councilmember Dunbabin abstaining.

   2. Recommendation to ratify check register Nos. 31858 through 32039, inclusive.

      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 memorandum from Finance Director Viki Copeland regarding the January 2003 Revenue and Expenditure Reports (PDF File).

      Action: To receive and file the memorandum regarding the January 2003 Revenue and Expenditure Reports, as recommended.

   5. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2003.

      Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2003, as recommended.

   6. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated February 18, 2003 (PDF File).

      This item was removed from the consent calendar by Councilmember Keegan 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 which are either under design or construction, as recommended by staff.
      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

   7. Recommendation to authorize the purchase of a new digital copy machine for the Police Department from the Xerox Corporation of Los Angeles, California for $12,978.00 (includes tax); approve contract purchase based upon the State of California Multiple Award Schedule with the Xerox Corporation; and appropriate $12,978.00 from the Equipment Replacement Fund. Memorandum from Police Chief Michael Lavin dated February 18, 2003 (PDF File).

      Action: To approve the staff recommendation to:

      1. Authorize the purchase of a new digital copy machine for the Police Department from the Xerox Corporation of Los Angeles, California for $12,978 (includes tax);
      2. Approve contract purchase based upon the State of California Multiple Award Schedule with the Xerox Corporation; and
      3. Appropriate $12,978 from the Equipment Replacement Fund.

   8. Recommendation to approve the reduction of red curb in front of the Coffee Bean on Hermosa Avenue south of 13th Street for the installation of a "Green Parking Zone". Memorandum from Public Works Director Harold Williams dated February 19, 2003 (PDF File).

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

      Public Works Director Williams responded to Council questions.

      Action: To continue the matter to the March 11, 2003 meeting.
      Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote of Keegan.

   9. Recommendation to approve appropriation of $5,406.67 from the Myrtle Avenue Utility Underground Assessment District project to rearrange the support system for the utility poles on 25th Street. Memorandum from City Manager Stephen Burrell dated February 20, 2003 (PDF File).

      Action: To approve appropriation of $5,406.67 from the Myrtle Avenue Utility Underground Assessment District project to rearrange the support system for the utility poles on 25th Street, as recommended by staff.

   10. Recommendation to receive and file action minutes from the Planning Commission meeting of February 18, 2003.

       Action: To receive and file the action minutes from the Planning Commission meeting of February 18, 2003, as recommended.

   11. Recommendation to adopt resolution approving the application for grant funds from the Wildlife Conservation Board for the Pier Renovation - Phase III Project. Memorandum from Public Works Director Harold Williams dated February 18, 2003 (PDF File).

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

       Public Works Director Williams responded to Council questions.

       Action: To approve the staff recommendation to adopt Resolution No. 03-6253, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR WILDLIFE CONSERVATION BOARD FUNDS FOR THE PIER RENOVATION - PHASE III PROJECT."
       Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

   12. Recommendation to adopt resolution approving the application for grant funds from the State of California Department of Parks and Recreation for the Valley Park Improvements Project. Memorandum from Public Works Director Harold Williams dated February 13, 2003 (PDF File).

       Action: To approve the staff recommendation to adopt Resolution No. 03-6250, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE VALLEY PARK IMPROVEMENTS PROJECT."

3. CONSENT ORDINANCES

   1. ORDINANCE NO. 03-1227 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C3) 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 DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated February 12, 2003 (PDF File).

      City Clerk Doerfling presented the ordinance for adoption, noting it had been introduced at the previous meeting with a dissenting vote by Councilmember Reviczky and the absence of Councilmember Dunbabin.

      Action: To waive full reading and adopt Ordinance No. 03-1227.
      Motion Keegan, second Yoon. The motion carried by the following vote:

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

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(a.2.), (f), (h) 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.

5. PUBLIC HEARINGS

   1. APPEAL OF THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE GENERAL ALCOHOL; NON-AMPLIFIED LIVE ENTERTAINMENT; A TAKE-OUT FOOD SERVICE WINDOW; TO ADD BAR SEATING IN THE PATIO AREA IN CONJUNCTION WITH AN EXISTING RESTAURANT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, SCOTTY'S. (Continued from meeting of January 14, 2003) Memorandum from Community Development Director Sol Blumenfeld dated December 18, 2002 (PDF File).

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

      The public hearing opened at 7:47 p.m. Coming forward to address the Council on this issue was:

      Frank Wattles - attorney representing the appellant, reviewed the history of conditional use permit amendment approvals, including those not put into effect; said Scotty's has operated for 12 years with no complaints and that Mr. Mangurian was a responsible businessman with a good record who was willing to comply with sound attenuation measures to mitigate potential noise; said the original requested closing time of 2 a.m. had been reduced by the Planning Commission to midnight, which was acceptable to Mr. Mangurian; described the natural sound buffer created by the orientation of the building; said the proposed dance floor and take-out window were withdrawn from consideration; requested permission for full-service alcohol.

      The public hearing closed at 8:23 p.m.

      Proposed Action: To sustain the Planning Commission's denial of a dance floor and take-out seating but approve the request for on-sale alcohol and non-amplified music subject to an acoustical study, with a 10 p.m. closing time rather than the midnight closing as approved by the Commission.
      Motion Yoon, second Mayor Edgerton. The motion failed due to the dissenting votes of Dunbabin, Keegan and Reviczky.

      Action: To sustain the Planning Commission's decision, but reducing the closing time from 12 midnight to 11 p.m.
      Motion Keegan, second Dunbabin. The motion carried, noting the dissenting votes of Yoon and Mayor Edgerton.

      Community Development Director Blumenfeld said a resolution reflecting the City Council's action would be presented for adoption at the next meeting.

   2. 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. (Continued from meeting of January 28, 2003) Memorandum from Community Development Director Sol Blumenfeld dated February 20, 2003 (PDF File).

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

      The public hearing opened at 8:42 p.m. Coming forward to address the Council on this issue were:

      Elizabeth Srour

      - representing the property owners, said the property had been used as residential for the past 80 years and there was no incentive for anyone to develop it as commercial; said it was a small lot, currently developed with a duplex, surrounded on three sides by R-3 property, with no meaning to the commercial corridor; said developing the site as commercial would be detrimental to the neighborhood, due to increased traffic, noise and parking problems;

      Cindi Wells

      - property owner, submitted information to the Council, said she and her husband currently lived one block away; said the primary character of the neighborhood was residential and the duplex on this site has existed since the 1920s; said there was no incentive to develop the site as commercial because it is a small lot, located far from the commercial corridor, and that commercial development would alter the character of the area; said she canvassed the neighborhood and no one wanted commercial development;

      Gary Doane

      - Hermosa Beach, spoke of the letter he as a neighbor received from the Wells; said the site currently contained a 1500 square foot duplex, which the owners proposed to replace with a huge condominium project containing two 2700-square-foot units, which would make the neighborhood more dense; urged the Council to deny the requested zone change;

      Jack Janken

      - Hermosa Beach, said he was opposed to commercial development of the site because of the resultant increase in traffic and parking problems; said he had expressed concern to the owners about the increased density from the proposed two units, and they were willing to build one home instead;

      Justin Beimforde

      - Hermosa Beach, partner of a commercial real estate services firm, submitted a zone change analysis that he prepared and a copy of the letter that the property owners sent to the neighbors, noting that he was the closest neighbor to the site and was not opposed to commercial usage; urged the Council to support the Planning Commission's decision and maintain the commercial zoning;

      Cindy Wells

      - in her closing statement, said the letter she was sent to obtain input, that she and her husband were developers, and that R-1 zoning would be acceptable if R-3 was a problem; and

      Elizabeth Srour

      - in her closing statement, reiterated that there was no incentive to develop as commercial; said this was an opportunity to abate a potential conflict in use; suggested using the findings that were used in other approvals.

      The public hearing closed at 9:18 p.m.

      Action: To approve the staff recommendation to adopt Resolution No. 03-6251, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DENIAL OF A REQUEST FOR A GENERAL PLAN AMENDMENT FROM NEIGHBORHOOD COMMERCIAL (NC) TO HIGH DENSITY RESIDENTIAL AND A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO MULTI-FAMIILY RESIDENTIAL (R-3) FOR THE PROPERTY LOCATED AT 19 SECOND STREET AND LEGALLY DESCRIBED AS LOT 12, BLOCK 3, HERMOSA BEACH TRACT."
      Motion Dunbabin, second Keegan. The motion carried by a unanimous vote:

The meeting recessed at 9:35 p.m.
The meeting reconvened at 9:50 p.m., at which time the order of the agenda was suspended to go to item 6(c).

6. MUNICIPAL MATTERS

   1. MARKETING PROPOSAL FROM CHAMBER OF COMMERCE AND FINAL CONSIDERATION OF LABOR DAY FIESTA - AUGUST 30, 31 AND SEPTEMBER 1, 2003. Memorandum from City Manager Stephen Burrell dated February 19, 2003 (PDF File).

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

      Coming forward to address the Council on this item were:

      Conn Flatley

      - Chamber of Commerce, submitted information directly to the Council members; said the Chamber would fund the marketing program proposed for this year; referred to two other future portions of the overall plan to reach out to businesses and residents as joint ventures between the City and the Chamber; referred to the Chamber of Commerce website; requested that the City monitor the hotel tax to determine the success of the program; also, requested approval of the Labor Day weekend fiesta;

      Joe Marks

      - Economic Development Committee chair, said they had been working with the Chamber at several meetings; said he would like to come back soon with the business-to-business and business-to-community programs with funding sources; spoke of the momentum with the program that began two years ago;

      Ron Newman

      - EDC member, said everyone worked hard on this; thought the Chamber of Commerce had done a good job; said this was a good start; and

      Carla Merriman

      - Chamber of Commerce executive director, said the visitor and tourism plan was prepared for this year with Chamber funding; said the Chamber would seek creative funding for the last two portions of the marketing program to businesses and to residents.

      Action: To approve the staff recommendation to:

      1. Receive the marketing proposal for 2003;
      2. Direct staff to develop a monitoring plan of the TOT and sales taxes; and
      3. Approve the Fiesta Hermosa on Labor Day Weekend, August 30, 31 and September 1, 2003, under the same conditions imposed for the Memorial Day Weekend Fiesta.

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

   2. REPORT ON LOCAL COASTAL PROGRAM STATUS AND RESUBMITTAL OF LOCAL COASTAL PLAN AND IMPLEMENTATION PLAN. Memorandum from Community Development Director Sol Blumenfeld dated February 4, 2003 (PDF File).

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

      Action: To approve the staff recommendation to adopt Resolution No. 03-6252, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING AND UPDATING THE CERTIFIED COASTAL LAND USE PLAN AND SUBMITTING A LOCAL IMPLEMENTATION PROGRAM THAT COMPRISE THE CITY'S LOCAL COASTAL PROGRAM," with the draft implementing ordinance amended on page 7, subsection 8.d., to change "eight days" to "14 days," and subsection 8, last paragraph to change "March 1" to "March 31."
      Motion Keegan, second Yoon. The motion carried by a unanimous vote.

   3. VALLEY PARK IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated February 25, 2003 (PDF File).

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

      Action: To approve the staff recommendation to:

      1. Approve the donation of seven trees from Jim and Karen Obradovich and direct that the additional trees be installed prior to the re-opening of the park; and
      2. Approve the request of neighboring residents to relocate five large trees away from the fence line along the park's southern boundary so the leaves do not fall in their yards.

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

      Coming forward to address the Council on the issue of treated wood were:

      Blair Smith

      - Hermosa Beach, distributed information; referred to additional tests done on chromated copper arsenate treated wood and expressed concern about its usage in the park, noting liability issues; said there would be a lot of seepage from the logs and the cost to clean it up later would be enormous;

      Jean Lombardo

      - Hermosa Beach, said the City should not expose the children or animals to arsenic; and

      Mary Lou Weiss

      - Hermosa Beach, opposed the installation of these logs in the park; said she realized that the Council was unaware of the problem until it was brought to their attention.

      Proposed Action: To allow the treated wood to remain in the retaining area where it is already installed, but not in the playground area.
      Motion Reviczky. The motion died for lack of a second.

      Action: To direct the removal of all treated wood from the park and its replacement with a material to be determined by staff, and to call for a zero tolerance for any new installation of this wood in the City except at sign and drain locations since it would be enclosed in concrete.
      Motion Keegan, second Dunbabin. The motion carried, noting the dissenting vote of Reviczky.

At 10:34 p.m., the order of the agenda moved to items 6(a) and 6(c).

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   1. SCHEDULE DATE OF SPECIAL MEETING WITH THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION FOR MONDAY, APRIL 7, 2003. Memorandum from City Manager Stephen Burrell dated February 19, 2003 (PDF File).

      This item was continued to the next meeting.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   1. DOWNTOWN AREA ACTIVITIES - DISCUSSION ITEM. Memorandum from City Manager Stephen Burrell dated February 19, 2003 (PDF File).

      City Manager Burrell presented the staff report and responded to Council questions. Subcommittee members Reviczky and Yoon reported on a very productive meeting with the business owners and said it was made clear that the City expects none of the past problems to continue.

      Action: To receive and file the report.
      Motion Keegan, second Yoon. The motion carried by a unanimous vote.

   2. VACANCIES - BOARDS AND COMMISSIONS - PUBLIC WORKS COMMISSION - UNEXPIRED TERM ENDING OCTOBER 31, 2004. Memorandum from City Clerk Elaine Doerfling dated February 20, 2003 (PDF File).

      City Clerk Doerfling presented the report and responded to Council questions.

      Action: To direct the City Clerk to advertise the Public Works Commission vacancy with a newspaper publication and normal posting procedures, with interviews and appointment in April.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

9. OTHER MATTERS - CITY COUNCIL

   1. Request from Councilmember Yoon to have the Chief of Police study the feasibility of beginning a community watch program.

      Councilmember Yoon spoke to his request.

      Action: To bring this item back at the March 25, 2003 meeting, with direction to staff to include costs.
      Motion Yoon, second Mayor Edgerton.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 25, 2003, at the hour of 11:30 p.m. to an Adjourned Regular Meeting on Monday, March 3, 2003, at the hour of 7:10 p.m., for the purpose of conducting a joint meeting with the Planning Commission.