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City Council Minutes March 11, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, March 11, 2003, at the hour of 7: 17 p.m.
PLEDGE OF ALLEGIANCE
Boy Scout Troop 860 Color Guard
ROLL CALL
Present: Dunbabin, Keegan, Reviczky, Yoon, Mayor Edgerton
Absent: None
ANNOUNCEMENTS
Councilmember Dunbabin announced the two-week performance of the Marvelous Wonderettes at the Hermosa Beach Playhouse beginning Friday, March 7; mentioned the opening of Gallery C, a new art gallery in Hermosa Beach; and thanked the Planning Commission for their participation in the recent joint meeting with the Council.
Councilmember Reviczky invited everyone to the Hermosa Beach St. Patrick's Day Parade on Saturday, March 15 at 11:00 a.m. and announced that the participants included Council members, marching bands, Woman's Club members wearing their entries in a hat design contest, vintage cars, Psycho in a go-cart, and the Budweiser drill team.
Councilmember Keegan announced that Hermosa Beach was hosting a National Day of Puppetry, a puppetry convention with performances and workshops on April 26 at the Community Center from 10 a.m. to 6 p.m. He thanked Maggie Moir for her hard work and said additional information would be available on the City's website.
Councilmember Yoon reminded everyone to buy their tickets soon for the Hearts of Hermosa, the Education Foundation's annual fundraiser on March 22 at the Crowne Plaza with cocktails, dinner, a silent auction, a live auction, and dancing, noting that last year this very popular event sold out.
Mayor Edgerton said that when he recognized those who helped him prepare his State of the City address, he neglected to thank Finance Director Viki Copeland who prepared the pie charts to illustrate the City's financial condition.
PUBLIC PARTICIPATION:
Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item.
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications. Coming forward to address the Council at this time were:
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Nancy McCutchen
- - Hermosa Beach, described parking problems resulting from street re-surfacing after sewer work on Loma; stressed that it was crucial to provide more notice to residents (City Manager Burrell described the problems associated with specific scheduling far in advance but said that at least three to four days' notice should be possible with distribution of a three-week sequence of repairs for an approximate schedule; also said the City would provide special parking passes to affected residents);
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No name given
- - said he was concerned about parking during repaving near the intersection of 11th Street and Loma;
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Maggie Moir
- - Hermosa Beach, described "The Dining Room," a new play alternating with "Late Night Catechism" at the Second Story Theater featuring actors from Hermosa Beach and Redondo Beach; said plays from local playwrights were being sought; announced three performances of the Last Saturday Puppet Theater on March 29 and the National Day of Puppetry to be held at the Hermosa Beach Community Center for which the Hermosa Beach Arts Foundation was seeking local business window exhibit space and donations;
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Jack Janken
- - Hermosa Beach, expressed thanks to Mayor Edgerton and Councilmember Yoon for working with the Comedy and Magic Club toward a resolution of the occupancy problems;
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Scott Tollefsen
- - Hermosa Beach, thanked the City Council and staff for responding to his letter requesting less impact to his property with the installation of a catch basin on Rhodes Street; and
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Mark Lewis
- - questioned the constitutionality of the United States Patriot Act and asked if the City might prepare a symbolic resolution protesting the restriction of civil liberties (Mayor Edgerton suggested that he contact Congresswoman Harmon since it was a federal law).
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (a) Dunbabin, (e) Keegan, (j) Keegan, and (k) Reviczky.
Motion Yoon, second Keegan. The motion carried by a unanimous vote.
At 7:58 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 approve minutes of the regular meeting of the City Council held on February 25, 2003.
This item was removed from the consent calendar by Councilmember Dunbabin for discussion later in the meeting.
Action: To approve the minutes of the regular meeting of February 25, 2003, with motion under item 9(a) amended to reflect that staff was directed to bring back information on both the neighborhood watch program and the CERT program.
Motion Dunbabin, second Mayor Edgerton. The motion carried by a unanimous vote.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 32040 THROUGH 32163, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 31617 AND 32094 AS RECOMMENDED BY THE CITY TREASURER.
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 the January 2003 financial reports:
- Revenue and expenditure report (PDF File);
- City Treasurer's report (PDF File); and,
- Investment report (PDF File).
Action: To receive and file the January 2003 financial reports.
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Recommendation to authorize the purchase of two (2) new "Go-4" Parking Enforcement vehicles in the amount of $45,897 from Municipal Maintenance Equipment of Sacramento, California. Memorandum from Police Chief Michael Lavin (PDF File).
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
Police Chief Lavin responded to Council questions.
Action: To direct staff to research and report back on the feasibility of purchasing vehicles that are more environmentally friendly, including electric and other alternative fuel vehicles.
Motion Keegan, second Mayor Edgerton. 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 March 3, 2003 (PDF File).
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Claimant: | Nernberg, Patti
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Date of Loss: | 02-12-03
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Date Filed: | 02-20-03
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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 to adopt resolution approving Final Map #25751 for a 2?unit condominium project at 1214 & 1216 Monterey Boulevard. Memorandum from Community Development Director Sol Blumenfeld dated March 3, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6254, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25751 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1214 AND 1216 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA."
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Recommendation to adopt resolution approving Final Map #26205 for a 2?unit condominium project at 1202 & 1206 Cypress Avenue. Memorandum from Community Development Director Sol Blumenfeld dated March 3, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6255, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #26205 FOR A TWO?UNIT CONDOMINIUM PROJECT LOCATED AT 1202 AND 1206 CYPRESS AVENUE (PREVIIOUSLY KNOWN AS 1144 CYPRESS AVENUE), HERMOSA BEACH, CALIFORNIA."
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Recommendation to approve Supplemental Agreement No. 1 for Project No. CIP 95-507, Valley Park Improvements - Kiwanis/Rotary Parking Lot Improvements, for $50,967.59; authorize the City Manager to execute the Supplemental Agreement; and, authorize the City Manager to make minor changes as necessary within the contingency of $5,097. Memorandum from City Manager Stephen Burrell dated March 3, 2003 (PDF File).
Action: To approve the staff recommendation to:
- Approve Supplemental Agreement No. 1 for Project No. CIP 95-507, Valley Park Improvements-Kiwanis/Rotary Parking Lot Improvements, for $50,967.59;
- Authorize the City Manager to execute the Supplemental Agreement; and
- Authorize the City Manager to make minor changes as necessary within the contingency of $5,097.
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Recommendation to authorize the purchase of the "Bullard Thermal Imager T-3" with mount from L. N. Curtis and Sons of Oakland, California for $10,608.50 (includes sales tax). Memorandum from Fire Chief Russell Tingley dated March 4, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Keegan for discussion later in the meeting.
Fire Chief Tingley responded to Council questions, noting that the Woman's Club of Hermosa Beach and resident Thelma Greenwald had each donated $1,000 toward the purchase of a thermal imager.
Action: To authorize the purchase of the "Bullard Thermal Imager T-3" with mount from L. N. Curtis and Sons of Oakland, California for $10,608.50 (includes sales tax), as recommended by staff.
Motion Keegan, second Reviczky. The motion carried by a unanimous vote, with thanks to the donors.
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Recommendation to receive and file the action minutes of the Public Works Commission meeting of February 19, 2003.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Action: To direct staff to invite a Gas Company representative to attend the next Council meeting to make a presentation on infrastructure improvements in the City, as was done for the Public Works Commission, and to receive and file the action minutes of the Public Works Commission meeting of February 19, 2003.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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CONSENT ORDINANCES
NONE
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(a), (e), (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.
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PUBLIC HEARINGS
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ALOHA DAYS COMMITTEE: REQUEST FOR APPROVAL OF "ALOHA DAYS" LONGBOARD SURF CONTEST AND HAWAIIAN FESTIVAL. Memorandum from City Manager Stephen Burrell dated February 18, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:00 p.m. Coming forward to address the Council on this item were:
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Abel Ybarra
- - Hermosa Beach, said that this year's Aloha Days would be dedicated to recently deceased surfer Dru Harrison, and that his widow would be attending; said the events would be the same as in previous years but the theme this year would be South Pacific; said the funds raised would be used for the expansion to the historical Society Museum to add displays; and
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Fran Carr
- - Historical Society president, commented on the museum's $30,000 to 40,000 expansion and expressed her gratitude for the funds offered by the Aloha Days Committee.
The public hearing closed at 8:04 p.m.
Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission to:
- Approve the request from the Aloha Days Committee to hold its annual surf competition and "Aloha Days" Hawaiian Festival Saturday and Sunday, August 9-10, 2000 (vendor booths and beach events);
- Approve the requested fee waivers and funding; and
- Approve the event contract.
Motion Yoon, second Keegan. The motion carried by a unanimous vote.
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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. (Continued from meeting of February 11, 2003)
Action: To continue the public hearing to April 22, 2003, as requested by the appellant.
Motion Keegan, second Yoon. The motion carried by a unanimous vote.
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FISCAL YEAR 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION OF $141,749 TO RETROFIT THE COMMUNITY CENTER THEATER AND COMMUNITY CENTER FOR COMPLIANCE WITH THE AMERICAN DISABILITY ACT. Memorandum from Community Development Director Sol Blumenfeld dated March 4, 2003 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:11 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:11 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 03-6256, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2003-2004."
Motion Keegan, second Yoon. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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REQUEST TO AWARD AN EXCLUSIVE TAXICAB FRANCHISE JOINTLY TO ALL YELLOW TAXI AND ADMINISTRATIVE SERVICES CO-OP (DBA SOUTH BAY YELLOW CAB). Memorandum from Police Chief Michael Lavin dated March 4, 2003 (PDF File). Supplemental request for proposal for the taxicab franchise submitted March 11, 2003, as well as excerpts from all the proposals received.
Police Chief Lavin presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.
Public participation opened at 8:25 p.m. Coming forward to address the Council on this item were:
- David Shapiro
- - founder of United Independent Taxi, former president and current member of the Board of Directors, said his company broke up a 42-year taxi monopoly in Los Angeles and allowed drivers to run their own business, an alternative to the big companies who he felt did not always treat their drivers fairly; said that competition was essential for good service; expressed concerned that the joint proposal did not mention parties who would benefit from the franchise; said the two companies who submitted the joint proposal were actually one;
- Darrell Amahdi
- - president of United Independent Taxi, said they have provided taxi service in Hermosa Beach for 27 years, have complied with all City rules and regulations including drug testing for drivers, and have licenses in all adjoining cities; said the $1,000 per cab franchise fee was the highest in the County, but he would have bid $1,400 if he had known there would be a $1,200 per cab bid; said an exclusive franchise would create a monopoly, since the two companies that submitted the joint proposal were really one company; said United Independent Taxi was one of the four franchises in Manhattan Beach; requested postponing the award of franchise for two weeks;
- Art Taylor
- - representing United Independent Taxi, said many of their drivers own their own cabs and a percentage of the company, and losing Hermosa Beach would seriously decrease their income; said many of them had previously worked for All Yellow but felt they earned a better living operating their own business as owners/drivers; said the $1,200 per cab franchise fee offered in the joint proposal would be divided among the drivers;
- Asfata Feri
- - said he put himself through college driving a taxi in Hermosa Beach; said although the owner of All Yellow was his friend, he believed strongly in competition; said the Council should award franchises to all companies that bid in order to provide the best service to Hermosa Beach residents;
- Jamahl (no last name given)
- - a United Independent Taxi driver, said that his company provides services which benefit the customers such as an 800 phone number and that all profit goes to the owner/drivers unlike the arrangement at All Yellow;
- Alex Jimentz
- - said he had flexible hours and made a good living for his two children working for United Independent Taxi; expressed concern that losing Hermosa Beach business would reduce his income, thereby requiring longer working hours away from his children; urged the Council to take those factors into consideration in making their decision;
- Charlton Noble
- - a United Independent Taxi driver who previously worked for South Bay Yellow Cab, said the current system for giving fares to drivers was not fair because it drew from cabs at the back of the line rather than those at the front who had waited longer; said it would be simple to have a system similar to the one at LAX where cabs were kept at a holding location and called from an area as cabs were needed;
- Manual Alvari
- - a Bell Cab driver, said that competition is the essence of good service and an exclusive franchise would provide no competition; said customers needed a choice if they receive bad service from one company; said All Yellow and South Bay Yellow were really one company that would have a monopoly;
- Malessa Dahoul
- - said that many cab drivers were foreigners who came to the United States because of freedom and competition; said all of the companies who bid should be allowed to work in Hermosa Beach to provide the best service for the people;
- Chuck Chaloin
- - representing Bell Cab, said his company never asked for an exclusive franchise because competition provides the best service; said Bell Cab has well-maintained cabs and an excellent reputation; urged the Council to award franchises to all the bidders, as they were all qualified; said Bell Cab was one of the four companies with franchises in Manhattan Beach;
- Mike Midani
- - representing Los Angeles Taxicab Drivers Association, said taxi drivers did not have a union; read a press release concerning a demonstration about taxi driver concerns March 13 in front of the Department of Transportation in Los Angeles;
- Abayneh Belay
- - taxicab driver since 1990, with United Independent Taxi for eight years, said more cities were awarding franchises now and noted the large increases in franchise fees over the last four years; said he was a friend of Mr. Rouse, who was associated with the joint proposal, but he did not think an exclusive franchise should be awarded;
- Darian Debellis
- - representing South Bay Yellow Cab Co-Op, spoke in favor of the staff recommendation for approval of the joint proposal of All Yellow and South Bay Yellow Cabs; said their proposal would reduce congestion, improve the quality of the cabs, create a system in the downtown area acceptable to the cab companies and the City, guarantee that all vehicles are adequately insured, provide competition since they are actually two companies, and provide additional revenue for the City of Hermosa Beach;
- Oswaldo Guidos
- - president of All Yellow Cab, said they were one of the first companies to provide service to Hermosa Beach; spoke of their attempt to become part of the community by joining the Chamber of Commerce and providing service at the two Fiestas and other community events; said his company continues to offer excellent service; urged the Council to approve the staff recommendation;
- No name given
- - representing Bell Cab, thanked staff for recognizing that all proposals met and exceeded the requirements of the RFP; said he recalled from previous meetings that most Council members favored more than one franchise; said the proposed joint venture would not allow for competition; requested that the Council award franchises to all of the bidders;
- William Rouse
- - attorney representing South Bay Yellow, said his family was fifth generation taxicab company operators who have served the South Bay and Harbor areas since 1937; said the drivers elect a Board of Directors who set policy; noted that the franchise concept was not their idea, as they actually would have preferred to maintain the status quo, but said their proposal would reduce congestion and provide better service for Hermosa Beach residents;
- Douglas Kayafa
- - representing United Independent Taxi, said taxicab problems in the City would be better addressed by more than one franchise; said the joint bidders represented one company and their proposal provided no competition which is necessary for the best service; said all bidders were qualified and it would be beneficial to follow Manhattan Beach's decision to have four companies; noted that staff said they were impressed with all the proposals and that all the companies were successful, had well-maintained facilities and complied with all regulations; and
- Alfred Martinez
- - said that he had seen many large cab companies absorb smaller ones and that the proposals received by the City actually represented only three companies, not four; said if the Council granted approval to the joint bidders, they would be contributing to a growing monopoly.
Public participation closed at 9:36 p.m.
Proposed Action: To award franchises to all four companies who presented proposals with a $1,000 per cab franchise fee.
Motion Keegan, second Mayor Edgerton. The motion failed, due to the dissenting votes of Dunbabin, Reviczky, and Yoon.
Proposed Action: To award franchises to all four companies who presented proposals but to require a $1,200 per cab franchise fee.
Motion Yoon. The motion died for lack of a second.
Proposed Action: To award an exclusive taxicab franchise jointly to All Yellow Taxi of Gardena and Administrative Service Cooperative (dba South Bay Yellow Cab) of Gardena, as recommended by staff, with additional requirements for a one-year review and the City's ability to make changes or cancel the agreement at that time.
Motion Dunbabin, second Reviczky. The motion failed, noting the dissenting votes of Keegan, Yoon, and Mayor Edgerton.
Action: To award franchises to all four companies who presented proposals but with a $1,100 per cab franchise fee and to direct staff to report back on the cab allocation between the four companies and on a starter program, with the onus on the four cab companies to develop the starter program.
Motion Yoon, second Keegan. The motion carried, noting the dissenting votes of Dunbabin and Reviczky.
The meeting recessed at 10:27 p.m.
The meeting reconvened at 10:38 p.m., with item 6(b).
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PROPOSED INSTALLATION OF SPEED HUMPS ON HILLCREST DRIVE BETWEEN 18TH STREET AND 21ST STREET. Memorandum from City Manager Stephen Burrell dated February 27, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Proposed Action: To continue the proposal to the April 24 meeting in order to allow for Council review of the speed hump criteria that is developed by the Public Works Commission at its March 19 meeting, and to encourage all Hillcrest residents to attend the meeting to provide input.
Motion Mayor Edgerton, second Yoon. The motion failed, noting the dissenting votes of Dunbabin, Keegan, and Reviczky.
Action: To continue the proposal for speed humps on Hillcrest Drive to March 25, with direction to staff to present for review the proposed speed hump policy in whatever state of completion by the Public Works Commission, and to encourage Hillcrest residents to attend to provide input.
Motion Dunbabin, second Mayor Edgerton. The motion carried by a unanimous vote.
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APPROVAL OF ADDITIONAL PARKING SPACE ON THE SOUTHWEST CORNER OF HERMOSA AVENUE AT 13TH STREET. Memorandum from City Manager Stephen Burrell dated March 4, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Proposed Action: To change one metered space to green, with the Coffee Bean covering the cost, and to leave the red curb as it is.
Motion Reviczky, second Mayor Edgerton. The motion was followed by the substitute motion noted below.
Action: 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," as recommended by staff, but with the space moved up by two feet.
Motion Keegan, second Yoon. The motion carried, noting the dissenting votes of Reviczky and Mayor Edgerton.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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SB114 (TORLAKSON) - RELOCATION OF AUTOMOBILE DEALERSHIP AND BIG BOX RETAILERS. Memorandum from City Manager Stephen Burrell dated March 5, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action: To direct the preparation of a letter of support for SB114 regarding the relocation of automobile dealership and big box retailers, as recommended by staff.
Motion Keegan, second Reviczky. The motion carried, noting the dissenting vote of Councilmember Yoon.
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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 Councilmember Yoon to conform the parking requirements of medical and dental office with the retail parking requirements.
Councilmember Yoon spoke to his request.
City Manager Burrell responded to Council questions.
Action: To agendize the matter and direct the City Manager to provide to the Council the General Plan in WORD on a disk or as an email attachment.
Motion Yoon, second Keegan.
At 11:25 p.m., Consent Calendar items 2(a), (e), (j), and (k) were heard.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on February 11, 2003.
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CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
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City Negotiator: | Stephen Burrell
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Employee Organizations: | Hermosa Beach Police Officers Association
Hermosa Beach Firefighters' Association
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
Hermosa Beach Police Management Association
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 11, 2003, at the hour of 11:38 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 11:50 p.m. At the hour of 12:30 a.m., the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS
There were no decisions made requiring a public announcement.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, March 12, 2002, at the hour of 12:31 a.m. to the Regular Meeting on Tuesday, March 25, 2003, at the hour of 7:10 p.m.
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