City Council Minutes February 26, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 26, 2002, at the hour of 7:14 P.M.

PLEDGE OF ALLEGIANCE

Cub Scout Troop 860 - Color Guard

ROLL CALL

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

ANNOUNCEMENTS

Mayor Pro Tempore Edgerton asked for a moment of silence for Mayor Dunbabin's husband, John, who was ill and about to undergo surgery.

Councilmember Reviczky spoke of the ceremony that took place Saturday at Greenwood Park where veterans from all branches of the military placed a sign designating Pacific Coast Highway in Los Angeles County as the Vietnam Veterans Memorial Highway.

Councilmember Keegan announced the production over the upcoming weekend of Cinderella at the Hermosa Theatre with performances at 7 p.m. Friday and at 2 p.m. and 7 p.m. on Saturday, noting that his niece was in the play.

CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 12, 2002: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Jennifer Alvarado
- Hermosa Beach Education Foundation (HBEF) co-president, extended invitations to the City Council to attend the Foundation's largest annual fundraiser, the Hearts of Hermosa dinner, dance and auction on Saturday, March 16, at 6 p.m., at the Crown Plaza Hotel in Redondo Beach; said tickets were $90 each if purchased by Thursday and $100 thereafter;
Joanne Edgerton
- representing Hermosa Beach Little League, invited everyone to the Little League opening ceremonies at 6 p.m., Friday, March 1, at Clark Field;
Shirley Cassell
- Hermosa Beach, expressed concern about the proposed development in Redondo Beach south of Herondo Street and the significant impact it will cause Hermosa Beach; urged the City to voice objections to Redondo Beach and the Coastal Commission to either stop the project or reduce its density; also said the agenda packet for tonight's meeting was not available at the Police Department for public review; and
Peter Tucker
- Hermosa Beach, said the Beach Cities Health District had announced it would cut grant funding by six percent due to economic conditions; questioned their reasoning for the cut since his taxes had not decreased; noted a vacancy on the District's Board of Directors and suggested supporting a Hermosa Beach resident to fill that seat since the City had no representation on the current board.

In response to the above comments and Council questions, City Manager Burrell said he would obtain and provide to Council copies of the Health District's budget. With regard to the Redondo Beach "Heart of the City" development proposal, he said the Council had so far taken three separate actions expressing concerns about traffic and the density of the project.

  1. WRITTEN COMMUNICATIONS

    The following written communications were discussed together and acted upon with one motion.

    1. Letter from Redondo Union High School Grad Night Committee 2002 requesting consideration of a donation toward their annual Grad Night for the Class of 2002.

    2. Letter from the Mira Costa G.R.A.D. Booster Club requesting consideration of a donation toward the 13th Annual Grad Night for Mira Costa Class of 2002.

    City Manager Burrell responded to Council questions with regard to the Council acting on the items listed as Written Communications, noting that, as previously directed, he would report at the next meeting on the issue.

    Proposed Action: To donate $1,000 to RUHS Grad Night for the Redondo Union High School Class of 2002 Grad Night event and $1,000 to MCHS G.R.A.D. Booster Club for the Mira Costa High School Class of 2002 Grad Night event, as requested.
    Motion Reviczky. The motion died for lack of a second.

    Action: To table both requests and agendize for Council consideration at the meeting of March 12, 2002.
    Motion Yoon, second Keegan. The motion carried, noting the absence of Mayor Dunbabin.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (k), with the exception of item (e) which was removed from this evening's agenda by staff, and with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (j) Keegan, and (k) Yoon.
    Motion Reviczky, second Yoon. The motion carried, noting the absence of Mayor Dunbabin.

    At 7:42 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 January 22, 2002 ; and,
      2. Minutes of the Adjourned Regular meeting held on February 5, 2002.

      Action: To approve as presented the City Council minutes of the Regular Meeting of January 22, 2002, and the Adjourned Regular Meeting of February 5, 2002. (Mayor Dunbabin absent)

    2. Recommendation to ratify check register.

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

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

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

    4. Recommendation to receive and file the January 2002 financial reports:
      1. Revenue and expenditure report (PDF file) ;
      2. City Treasurer's report (PDF file) ; and,
      3. Investment report (PDF file) .

      Action: To receive and file the January 2002 Financial Reports, as presented. (Mayor Dunbabin absent)

    5. Recommendation to authorize the purchase and installation of a new video monitoring system for the Police Department jail to be accomplished by awarding a contract in the amount of $15,494.12 to Advanced Electronics of Gardena, California. Memorandum from Police Chief Michael Lavin dated February 19, 2002. (PDF file)

      This item was removed from the agenda by City Manager Burrell, to be brought back at a future meeting. (Mayor Dunbabin absent)

    6. Recommendation to authorize the purchase of Herman Miller office furniture for the Police Department from Jules Seltzer Associates of Los Angeles, California for $13,495.77 (includes tax, shipping and installation). Memorandum from Police Chief Michael Lavin dated February 19, 2002.

      Action: To authorize the purchase of Herman Miller office furniture for the Police Department from Jules Seltzer Associates of Los Angeles, California for $13,495.77 (includes tax, shipping and installation), as recommended by staff. (Mayor Dunbabin absent)

    7. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 5, 2002.

      Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 5, 2002. (Mayor Dunbabin absent)

    8. Recommendation to adopt resolution ordering the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 2002-03. Memorandum from Public Works Director Harold Williams dated February 14, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6189, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003. (Mayor Dunbabin absent)

    9. Recommendation that, pending Fire Department review and supervision, Council approve the request from Hermosa Beach Little League to do a minor firework during Opening Day, March 1, 2002. Memorandum from Community Resources Director Mary Rooney dated February 19, 2002. (PDF file)

      Action: To approve, pending Fire Department review and supervision, the request from Hermosa Beach Little League to do a minor firework show during Opening Day, March 1, 2002. (Mayor Dunbabin absent)

    10. Recommendation to receive and file action minutes from the Planning Commission meeting of February 19, 2002 and letter from Jim Lissner dated February 20, 2002.

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

      Action: To schedule a public hearing on April 9, 2002 for Council review and reconsideration of the Pavilion project (PC agenda item 8), and to receive and file the action minutes of the Planning Commission meeting of February 19, 2002.
      Motion Keegan, second Yoon. The motion carried, noting the absence of Mayor Dunbabin.

    11. Recommendation to receive and file action minutes from the Public Works Commission meeting of January 16, 2002 .

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

      Action: To receive and file the action minutes of the Public Works Commission meeting of January 16, 2002.
      Motion Yoon, second Keegan. The motion carried, noting the absence of Mayor Dunbabin.

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(j) 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 - TO COMMENCE AT 7:30 P.M.
    1. CONSIDERATION OF REQUEST BY HERMOSA BEACH CHAMBER OF COMMERCE TO HOLD FIESTAS HERMOSA ON MEMORIAL DAY (MAY 25, 26 & 27, 2002) AND LABOR DAY (AUGUST 31, SEPTEMBER 1, AND 2, 2002). Memorandum from City Manager Stephen Burrell dated February 20, 2002. (PDF file)

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

      The public hearing opened at 7:44 P.M. Coming forward to address the Council on this item were:

      Carla Merriman
      - Chamber of Commerce executive director, discussed the request for two Fiestas;
      Mark Conte
      - Conte Productions, distributed to Councilmembers the preliminary operation plans for the Fiesta;
      Travers Devine
      - Chamber of Commerce, read letters of support from some downtown merchants unable to attend tonight's meeting, stating that the events helped their businesses;
      John Hales
      - Hermosa Beach, representing the Historical Society, spoke in support of the two annual events; said a significant amount of the Society's funding is raised at the Fiestas;
      Betty Ryan
      - Hermosa Beach, said she was a long-time resident and had been a member of the Improvement Commission that put on the City's first Festival of the Arts; said the Fiestas were enjoyed by the residents, many of whom work in the booths;
      Sam Abrams
      - resident and Kiwanis Club president; spoke in support of the events; said although the Fiesta was not the Club's main fundraiser, the members enjoyed working in the booth and the chance to recruit potential new members;
      Shirley Cassell
      - Hermosa Beach, said the Fiestas should be held on weekends that are not three-day holiday weekends;
      Steve Roberts
      - resident and Café Boogaloo owner, said he did not oppose having two Fiestas a year, but was against having them on three-day holiday weekends;
      Lisa Moore
      - Hermosa Beach, said she did not oppose having one Fiesta to kick off the summer, but requested that the City explore other ways to fund the Chamber; said when the event began, there was probably not a lot of activity downtown; spoke of parking and trash problems;
      No name given
      - Hermosa Avenue retail business owner, spoke in favor of the two Fiestas; said other events draw crowds to the Plaza but the Fiesta is the only one that brings people along the Avenue; said the events have taken place for 31 years and primarily attract Hermosa and other beach-city residents; said eliminating one Fiesta, which is a family-oriented event, would create drinking problems in the area like on the 4th of July;
      Pete Tucker
      - Hermosa Beach, said he recalled the two Fiestas being approved for a five-year period and suggested that the issue be researched and the time period honored; said better signage was needed to direct people away from the area and toward the parking areas which, along with incentives to make people take the shuttle, would resolve the parking and traffic problems;
      John Bowler
      - Hermosa Beach, said most residents like the event and that parking problems were part of living at the beach and would exist in any case, noting that all parking spaces were taken on any sunny day in July; said the Fiesta was a historical part of Hermosa a benefit to businesses;
      Joyce Bichlmeier
      - owner of a Pier Avenue insurance business, said the Chamber is a non-profit organization that years ago was funded by the City; said the Fiesta was a tradition, a wonderful family event, and a fundraiser that supports the Chamber;
      Tracy Lizotte
      - County Lifeguard; spoke in favor of the Fiestas; said the lifeguard booth raises 60 to 70 percent of the funding used for public education and youth programs; said it was a good event;
      Bill Robb
      - owner of Treasure Chest; spoke in favor of the events; said the Fiesta helped his business and he wished they took place 12 weekends a year instead of only two;
      Rick Koenig
      - Hermosa Beach; spoke in favor of the Fiestas, noting that he lived nearby; spoke of the video tape he shot at the last event; said everyone who attends has a good time;
      Mick Felder
      - a 50-year resident and 35-year business owner, representing the Rotary Club, spoke in favor of the Fiesta; said the event was needed and that the Rotary Club raises about $4,500 at each one;
      Patricia Spiritus
      - resident and downtown business owner, said the Fiesta now benefits her business and that it would be unfair to eliminate the events without having something else lined up to replace the funding for the Chamber; said Ms. Merriman had done a great job since taking over as director, and asked that she be given a chance to work things out;
      Warren Barr
      - Hermosa Beach; spoke in favor of the Fiestas; said he would rather eliminate the Beach Bash; said other cities provide funding to their Chambers of Commerce; urged the Council to keep what was a good community event and eliminate what was not;
      Ron Newman
      - Pier Avenue business owner, said he was recently billed $200 at his Newport store to support that city's Chamber of Commerce; said the second Fiesta may need to be tweaked, but noted the advertising money that each business would have to spend to attract the number of people brought in by the Fiesta; urged the Council to approve the request;
      Donley Falkenstien
      - Hermosa Beach; said the Fiesta was too big and adversely affected him and other downtown residents who had the right to enjoy their homes without the impacts every three-day weekend; suggested eliminating one of the events or shortening their duration; and
      Earl Feys
      - Hermosa Beach, spoke in favor of the Fiestas; said he enjoyed the events and that his friends and relatives come from out of town to attend them as well.

      The public hearing closed at 8:29 P.M.

      Action: To approve the staff recommendation to:

      1. Approve the request for the two Fiesta Hermosa events;
      2. Waive application, banner and amplification fees as a non-profit organization and bill only for actual costs incurred by Police and Public Works for various direct services provided; and
      3. Approve the requested use of Proposition C funds for the shuttle bus. Motion Reviczky, second Yoon. The motion carried, noting the absence of Mayor Dunbabin.
  6. The meeting recessed at 8:47 P.M.
    The meeting reconvened at 8:59 P.M.

  7. MUNICIPAL MATTERS
    1. RECONSIDERATION OF ESTABLISHING A VETERAN'S PREFERENCE PROGRAM FOR OPEN COMPETITION CIVIL SERVICE EXAMINATIONS. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 20, 2002. (PDF file) Supplemental letter from Peggy Fontenot, president of America's Veterans, The Living Wall. Supplemental minutes from the City Council meetings of December 11, 2001 and January 8, 2002.

      Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

      Coming forward to address the Council on this item were:

      Steve Crecy
      - Hermosa Beach, said this issue was important to the veterans who differed from firefighters and police officers in that they had to leave or forego careers in order to serve in battle; said this should be called veterans credit, not preference; said veterans came back to civilian life with valuable skills and leadership abilities, noting that they must be qualified for the job before the credit would come into play; said this would benefit those currently serving and protecting the country;
      Jerry Yamamoto
      - president of the VVA South Bay Chapter 53, said veterans make many sacrifices and when they come back to civilian life, their service should be recognized; thanked the City of Hermosa Beach for its past support of veterans;
      Charles Nelson
      - veteran, said anyone who hires a veteran would be getting an employee who can make decisions; said the program would give a veteran some recognition for the training and experience that is not obtained as a college students;
      Dean Bougenhagin
      - veteran, said his first tour of duty was in 1972, and when he returned and applied with the City of Torrance, he received points; urged the Council to approve the program or take necessary measures so that it can be approved;
      Shirley Cassell
      - Hermosa Beach, said the City would not be giving anything that veterans do not deserve or have not earned; said if veterans are entitled to points, they should be given;
      Kirk Gillette
      - veteran, said honorably discharged veterans have classified status and have demonstrated their reliability;
      Earl Feys
      - Hermosa Beach, said he was a Korea era veteran and when he left the military at age 20, he was able to make decisions; said he received points when seeking employment; No name given
      - veteran, said Hermosa Beach was unusual in not allowing veterans preference;
      Paul Warner
      - former Marine, said 36 years ago he left his job of three months to join the military and that his employer was required to offer him a job when he got out; said he was grateful when that employer called and he has stayed with the company ever since; and
      Charlie Cheatum
      - Hermosa Beach, Department of Defense senior manager, said they extensively use veterans preference; said the system works well with a large pool of candidates and sometimes veterans lack the expertise needed for a particular position.

      Action: To direct that the issue of a Veteran's preference program be placed on the ballot of the November 2003 Municipal Election.
      Motion Keegan, second Reviczky. The motion carried, noting the dissenting vote by Yoon and the absence of Mayor Dunbabin.

      Further Action: To agendize the issue of the City giving pension credit to veterans for their years of military service.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Mayor Dunbabin.

    2. PRESENTATION BY MAYOR DUNBABIN AND COUNCILMEMBER KEEGAN ON PROPOSED COLORS FOR THE COMMUNITY CENTER RE-PAINTING PROJECT.

      Councilmember Keegan, subcommittee member, reported on his and Mayor Dunbabin's participation with the Community Center repainting project, noting that the services of the Art Deco Society president were paid for by the Hermosa Beach Arts Foundation. As requested by Mayor Dunbabin last night, he submitted the gray-green color she said she preferred to go with the burgundy trim. City Manager Burrell responded to Council questions.

      Coming forward to address the Council on this item were:

      Mitzi March Mogul
      - president of Art Deco Society of Los Angeles, said two schemes were being presented to the Council, and referred to the color schemes on display; said the burgundy and gray colors would have a more sophisticated effect, while the blue and yellow color scheme would represent a playful, fun building; said either color scheme would be appropriate for the building and would wear well;
      Brian McNally
      - paint subcommittee member, presented renderings showing the existing building and his proposal using a warm tone style; said the building is nearly always in shadow and opposed gray or neutral toned colors; said a strong warm color would punch through the blandness created by the lack of direct sunlight and would be more inviting;
      Ashley Beck
      - showed Council a book he had on WPA posters; said a lighter color scheme would be better since the building is in shadow;
      P.K. Phillips
      - paint subcommittee chair, said they took a lot of time over the three month period and through a thorough process of elimination were able to arrive at the schemes presented this evening; said the proposed color schemes were appropriately accurate and a lot of thought went into the choices;
      John Hales
      - Hermosa Beach, asked if the wall that runs along Ardmore Avenue would be painted to match (he was told that it was part of the project and would be the same colors); and
      Rick Koenig
      - Hermosa Beach, said there was a fiberglass window on the market that could be painted and, therefore, would be cost effective as well as energy efficient.

      Proposed Action: To approve the silver, gray and burgundy/maroon color scheme proposed by the committee for the Community Center repainting project.
      Motion Yoon, second Reviczky. The motion failed, due to the dissenting votes of Mayor Pro Tempore Edgerton and Keegan, and the absence of Mayor Dunbabin.

      Councilmember Keegan said although he preferred the blue and yellow color scheme, because he knew Mayor Dunbabin would prefer the gray/burgundy colors recommended by the committee over the blue/yellow proposal, he would change his vote rather than hold up the project for a full Council vote at the next meeting.

      Action: To approve the silver, gray and burgundy/maroon color scheme proposed by the committee for the Community Center repainting project.
      Motion Yoon, second Reviczky. The motion carried, noting the absence of Mayor Dunbabin.

  8. The meeting recessed at 10:45 P.M.
    The meeting reconvened at 11:00 P.M., at which time the order of the agenda returned to item 4.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
    1. AB680 (STEINBERG) SPOT BILL TO REALLOCATE LOCAL SALES TAX IN SACRAMENTO REGION. Memorandum from City Manager Stephen Burrell dated February 20, 2001. (PDF file)

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

      Action: To direct staff to prepare a letter of opposition to AB680 (Steinberg), which proposes to reallocate local sales tax in the Sacramento region, with further direction to staff to track the bill.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Dunbabin.

    2. REQUEST FROM THE CHAMBER OF COMMERCE FOR PLACEMENT OF AN ADVERTISEMENT IN THE 2002 CHAMBER OF COMMERCE BUSINESS DIRECTORY. Memorandum from City Manager Stephen Burrell dated February 21, 2000. (PDF file)

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

      Action: To place an advertisement in the 2002 Chamber of Commerce business directory, using a letter deemed acceptable to the City Council with a montage of photographs.
      Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote by Keegan and the absence of Mayor Dunbabin.

    3. STREET IMPROVEMENTS REQUIRED AS A RESULT OF NEW CONSTRUCTION OR REMODELING; REVISED REVIEW PROCESS FOR STREET IMPROVEMENTS; AND PROPOSED CHANGES TO THE MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated February 21, 2002. (PDF file)

      Coming forward to address the Council on this issue was:

      Pete Tucker
      - Hermosa Beach, suggested keeping the current process and the existing Code until there is a master plan for street improvements.

      Action: To direct staff to bring the proposed change adding the category of alley to the Municipal Code back in ordinance form for consideration.
      Motion Keegan, second Reviczky. The motion carried, noting the absence of Mayor Dunbabin.

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  11. OTHER MATTERS - CITY COUNCIL
    1. Proposal from Councilmember Yoon to include Redondo Beach in the Beach Cities Committee, along with Manhattan Beach and have as the first item of discussion the Heart of the City Plan and the impacts that the proposal will have on all of the Beach Cities.

      Councilmember Yoon spoke to his request.

      City Manager Burrell responded to Council questions.

      Action: To reinvigorate the Beach Cities Committee and invite other cities to a meeting to begin a dialogue.
      Motion Yoon, second Keegan. The motion carried, noting the absence of Mayor Dunbabin.

  12. Coming forward to address the Council at this time was:

    Ashley Beck
    - said Valley Drive between Sixth and Seventh streets was a raceway and no one stopped for pedestrians; asked about a crosswalk in that area; spoke of the current program in Manhattan Beach to curtail speeding.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 26, 2002, at the hour of 11:44 P.M. to an Adjourned Regular Meeting on Monday, March 4, 2002, at the hour of 7:10 P.M., to conduct a City Council goals session.