City Council Minutes March 25, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, March 25, 2003, at the hour of 7:20 p.m.

PLEDGE OF ALLEGIANCE

a young lady from Hermosa Beach named Nicole

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Yoon wished long-term City activist Joe Diaz a happy 90th birthday on Sunday, March 30. He then asked staff for a status report on the sewer and street work on Loma Drive (City Manager Burrell and Interim Public Works Director Morgan responded).

Councilmember Dunbabin announced the Surfer's Walk of Fame dedication and induction of seven charter surfers at a ceremony to be held Saturday, March 29, at 11 a.m. at the Pier. She noted a Daily Breeze article on Gallery C, an art gallery and museum, to be located in the old Bijou theater building, and then asked the status of Valley Park (Interim Public Works Director Morgan responded).

Councilmember Reviczky invited everyone to a Historical Society fundraiser for the expansion of their facility, including a surf museum, to take place from 5 to 10 p.m. on Saturday, May 17, at the Community Center auditorium, with a no-host bar and pupus, surf music by the Detonators, raffles, and a hula show.

Mayor Pro Tempore Keegan announced the Last Saturday Puppet Show in the Second Story Theater at the Community Center this week with performances at 10 a.m., 11:30 a.m., and 1 p.m. and a children's workshop after each show. He then inquired about the sale of treated wood that was to have been used at Valley Park (City Manager Burrell and Interim Public Works Director Morgan responded).

Mayor Edgerton said that he defended Hermosa's claim as the birthplace of surfing to an L.A. Times reporter, telling her that the early surfers in Huntington Beach were all riding on boards made in Hermosa Beach in the 1960's, noting that she subsequently called back to say that her research confirmed his statement.

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

No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. a. Letter from Al Benson requesting City Council consideration of a Neighborhood Watch Program. (PDF File)

      Coming forward to address the Council on this item was:

      Al Benson
      - Hermosa Beach, thanked the Council for considering his letter regarding a Community Watch program to focus on minor crime and to avoid calling 911 and for placing the discussion of a Neighborhood Watch program on tonight's agenda.
    2. Letter from Darien DeBellis of Administrative Services Cooperative requesting that the City Council reconsider its decision of March 11, 2003 with regards to the granting of a taxicab franchise.

      Coming forward to address the Council on this item was:

      Darien DeBellis
      - Administrative Service Co-Op, requested that the Council reconsider its decision at the last meeting to grant several taxicab franchises, citing several reasons, including the complicated process of organizing a starter program.

      City Manager Burrell responded to Council questions, noting that staff had scheduled a meeting with all four companies and would design a starter program based on their input, adding that the issue would come back before the Council at its second meeting in April.

      Action: To receive and file the letter.
      Motion Keegan, second Mayor Edgerton. The motion carried, noting the dissenting votes of Dunbabin and Reviczky.

    Coming forward to address the Council at this time were:

    Doris Nickelson
    - representing the Kenny Nickelson Foundation, expressed appreciation for the Beach Cities Toy Drive donation of toys and educational materials, thanked the City Council and residents, and extended special thanks to Mayor Edgerton and Councilmember Reviczky, to whom she presented a framed certificate of appreciation, a photo board, and a booklet explaining the work of the Foundation; and
    Pete Tucker
    - Hermosa Beach, thanked Mayor Pro Tempore Keegan for attending the Redondo Beach Heart of the City workshop; noted a Coastal Commission hearing in Santa Barbara April 8; said the City received funds from CalTrans for the improvement of Artesia Boulevard, and dovetailing with Redondo would result in a cost savings for paving (City Manager Burrell said this project would by done jointly with the cities of Redondo Beach and Manhattan Beach).
  2. CONSENT CALENDAR:

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

    At 7:52 p.m., the order of the agenda was suspended to go to public hearing items 5(b) then 5(a).

    1. Recommendation to approve the following minutes:

      1. Minutes of the Adjourned regular meeting held on March 3, 2003; and,
      2. Minutes of the Regular meeting held on March 11, 2003.

      Action: To approve as presented the minutes of the Adjourned Regular Meeting of March 3, 2003 and the Regular Meeting of March 11, 2003.

    2. Recommendation to ratify check register and to approve cancellation of check Nos. 32118 and 32137 as recommended by the City Treasurer.

      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. (d) Recommendation to receive and file the February 2003 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 February 2003 financial reports as presented.

    5. Recommendation to accept donation of $250.00 from the Hermosa Kiwanis Foundation to be used for the Surfers' Walk of Fame. Memorandum from Finance Director Viki Copeland dated March 17, 2003 (PDF File).

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donor.

      Action: To accept the donation of $250 from the Hermosa Kiwanis Foundation to be used for the Surfers' Walk of Fame.
      Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.

    6. Recommendation to receive and file Project Status Report. Memorandum from Interim Public Works Director Richard Morgan dated March 18, 2003 (PDF File).

      Action: To receive and file the status report on capital improvement projects that are either under design or construction.

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

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

    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 2003-04. Memorandum from Interim Public Works Director Richard Morgan dated March 18, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6257, 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 "LANDSCAPE 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, 2003 AND ENDING JUNE 30, 2004."

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

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

      Action: To receive and file the action minutes of the Planning Commission meeting of March 18, 2003.
      Motion Dunbabin, second Mayor Edgerton. The motion carried with a unanimous vote.

    10. Recommendation to approve purchase of workstation modules and appurtenances for Community Resources Department, office B, from Jules Seltzer in the amount of $7,552.95. Memorandum from Community Resources Department dated March 13, 2003 (PDF File).

      Action: To approve the purchase of workstation modules and appurtenances for office B of the Community Resources Department from Jules Seltzer in the amount of $7,552.95, as recommended by staff.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e) and (i) 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. TEXT AMENDMENT REGARDING DOWNTOWN PARKING REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 2003 (PDF File).

      Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

      The public hearing opened at 10:24 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:24 p.m.

      Action: To approve the staff recommendation to:

      1. Waive full reading and introduce Ordinance No. 03-1228, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS AND THE IN-LIEU FEE PARKING ALLOWANCES IN THE DOWNTOWN DISTRICT" and

      2. Adopt Resolution No. 03-6258, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUBMITTING AMENDMENTS TO THE CERTIFIED COASTAL LAND USE PLAN REGARDING DOWNTOWN PARKING."

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

    2. At 10:25 p.m., the order of the agenda was suspended to hear item 6(a).

    3. SPEED HUMP POLICY: REPORT OF PUBLIC WORKS COMMISSION - CONSIDERATION OF THE PROPOSED POLICY AND CONSIDERATION OF PLACING SPEED HUMPS ON HILLCREST DRIVE. Memorandum from City Manager Stephen Burrell dated March 18, 2003 (PDF File). Supplemental information from the Public Works Department submitted March 25, 2003.

      City Manager Burrell presented the staff report and responded to Council questions. Interim Public Works Director Morgan and City Attorney Jenkins also responded to Council questions.

      The public hearing opened at 8:15 p.m. Coming forward to address the Council on this item were:

      Mary Lou Cahir
      - Hermosa Beach, said the request for speed humps on Hillcrest was made a year ago and she thought it had been approved; asked if the request would be grandfathered or if they would be required to meet the speed hump criteria which the Council was reviewing; said the street would qualify under the proposed criteria if a renter's consent was sufficient to meet the 67% neighborhood approval; said they did not have the consent of all residents proposed to have speed humps in front of their homes and asked if the locations could be adjusted;
      Alan Dettelbach
      - Hermosa Beach, commented on the proposed criteria for speed humps; expressed concern about excessive traffic and speed on Ninth Street; said even though drainage and emergency vehicle access was important, the foremost issue was the safety of the neighborhood children; urged the Council to consider flexibility when establishing criteria to allow accommodation for specific neighborhood conditions;
      Andy Mactavish
      - Hermosa Beach, asked for an example of a local 5% grade street so that he could determine if Ninth Street met the criteria for a grade of less than 5%; acknowledged the need for criteria but wanted safety to be a prime consideration;
      Eric Barnett
      - Hermosa Beach, agreed that safety was the most important issue; said Ninth Street had a crest - a blind spot - with vehicles speeding up to 40 to 50 miles per hour; asked if speed humps could be installed in the less steep sections even if some portions of a street were more than a 5% grade;
      Cindy Kellman
      - Hermosa Beach, said she spoke to nearly all of the residents on Ninth Street and most people cited safety as the reason for installation of speed humps and said they would be willing to pay for them;
      William Fortier
      - Hermosa Beach, said that he had previously lived on a street with speed humps, which was why he was opposed to their installation even though he has two small children; said the noise from cars accelerating after they pass over the speed humps can be loud; said speed was not a problem on Hillcrest and he wished to maintain the tranquil atmosphere; said that he might agree to their installation if there was not a speed hump installed directly in front of his home;
      JoAnn Mitchell
      - Hermosa Beach, related an incident when she was walking her dog at night on the side of Hillcrest without sidewalks and had to jump out of the way to avoid being hit by a car traveling at about 50 miles per hour; said she would be willing to have a speed hump installed in front of her home;
      Steve Kindom
      - Hermosa Beach said the traffic increased on Ninth Street when Seventh and Eighth streets were closed; noted that many drivers cut through on Ninth Street to avoid the signal at Prospect and Aviation; said speed humps might provide safer conditions on that street;
      Ryan Stearns
      - Hermosa Beach, said that the Council should use its judgment in reviewing each request for speed humps even if criteria is established; said the safety of children was the most important issue;
      Chad Ahrens
      - Hermosa Beach, spoke of excessive speed on Ninth Street, with cars traveling at 35 miles per hour in front of his home and faster as they progressed along the street; asked about speed control alternatives other then sped humps that might be more acceptable;
      Kimberly Johnson
      - Hermosa Beach, spoke of blind spots on Ninth Street; did not know of an appropriate location for an additional stop sign to slow traffic, but was open to other options; and
      Patrick Johnson
      - Hermosa Beach, asked the method for determining 5% grade and if it was an average grade.

      The public hearing closed at 8:52 p.m.

      Action: To adopt the criteria developed by the Public Works Commission as non-binding guidelines and require Public Works Commission review and City Council approval of each speed hump request.
      Motion Keegan, second Yoon. The motion carried, noting the dissenting votes of Dunbabin and Reviczky.

      Further Action: To require approval by a super majority (67%) of Hillcrest occupants for the requested speed humps, to refer the Hillcrest request back to staff to determine speed hump locations with a required 100% property owner approval and on a slope that does not exceed accepted safety standards determined by staff.
      Motion Keegan, second Yoon. The motion carried, noting the dissenting votes of Dunbabin and Reviczky

  6. The meeting recessed at 9:35 p.m.
    The meeting reconvened at 9:53 p.m., with item 5(a).

  7. MUNICIPAL MATTERS

    1. NEIGHBORHOOD WATCH AND CERT PROGRAMS REPORT. Memorandum from City Manager Stephen Burrell dated March 18, 2003 (PDF File).

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

      Fire Chief Tingley responded to Council questions concerning the CERT program, saying that it would be necessary to hire a Fire Captain to administer the program, which would cost an estimated $75,000 to $100,000 per year, noting that time not spent on this program could be devoted to emergency preparedness and fire prevention.

      Police Chief Lavin responded to Council questions about a Neighborhood Watch program, saying that additional personnel would not be needed since, even through a formal program had never been established, his department currently provides materials and gives presentations in residents' homes when requested, and the program is mostly citizen driven. He added that this situation could change if there was a significant change in the level of neighborhood watch interest as there has been in Manhattan Beach.

      Coming forward to address the Council on this issue were:

      Al Benson
      - Hermosa Beach, said that this discussion provided a good starting point, but agreed that the programs would require both City and citizen support;
      Dennis Stevens
      - Hermosa Beach, welcomed the forums mentioned; said although City staff is approachable, the response may be more positive if these programs were implemented; and,
      Pete Tucker
      - Hermosa Beach, said the City should have emergency plans and a phone number for residents to call; said the Commissioners could be trained to supplement City staff because of their knowledge of the City's infrastructure; said someone in the Police Department should coordinate this emergency preparedness effort.

      Action: To direct the Police Department to follow up on Neighborhood Watch interest, to have the City provide the SEMS training once again as in the past, and to bring back discussion of the CERT program to the first meeting in May after further research by Councilmember Yoon with possible funding in the next budget.
      Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.

  8. At 10:58, the order of the agenda changed to hear Item 7(b) and then item 7(a) and 7(c).

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. SCHEDULE DATE OF SPECIAL MEETING WITH THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION FOR TUESDAY, APRIL 29, 2003. Memorandum from City Manager Stephen Burrell dated March 18, 2003 (PDF File).

      Action: To direct City Manager Burrell to email the Council to determine an acceptable date and continue the item to the next meeting on April 8.
      Motion Mayor Edgerton, second Dunbabin. The motion carried by a unanimous vote.

    2. REQUEST FROM MR. AND MRS. HOOSE AT 2059 MONTEREY AVENUE FOR THE CITY COUNCIL TO CONSIDER CHANGING THE PLAN LINE OF CIRCLE COURT TO REDUCE THE IMPROVED STREET WIDTH FROM 40 FEET TO 30 FEET FROM MONTEREY TO CIRCLE DRIVE. Memorandum from City Manager Stephen Burrell dated March 18, 2003 (PDF File).

      City Manager Burrell presented the staff report and responded to Council questions. Interim Public Works Director Morgan also responded to Council questions.

      Coming forward to address the Council on this item were:

      Grant Kirkpatrick
      - project architect, gave a history of the property and the request for an encroachment permit; said the installation of a five-foot sidewalk was acceptable to the applicants; said the granting of this request would cause no adverse effects for Fire and Police departments; noted that Circle Court was a very short street, with only four homes;
      Brian Hoose
      - property owner, said the area in question had often been an eyesore because people used it for parking; said they hoped to keep the patio proposed in the design; said whatever affected them would affect their next-door neighbor also;
      Susan Hoose
      - property owner, said they were not aware that the City was thinking of widening the street and adding more parking; said allowing plants would be more attractive than merely a sidewalk;
      Chris Waddell
      - Hermosa Beach, asked how this would affect his property, which was located next door to the west, and if the City planned to establish marked parking; said he would rather have plants rather than a sidewalk because it would make the area more attractive; and
      No name given
      - Hermosa Beach, said he lived two houses from the subject property and felt the corner was beautiful just the way it was and thought there was ample turning space for emergency vehicles.

      Action: To schedule a public hearing for April 22 on the issue.
      Motion Dunbabin, second Mayor Edgerton. The motion carried by a unanimous vote.

    3. JOINT LETTER WITH SCHOOL DISTRICT CONCERNING TIMELY ACTION ON THE STATE BUDGET. Memorandum from City Manager Stephen Burrell dated March 18, 2003 (PDF File).

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

      Action: To send a joint letter with the School District Board to local representatives urging timely action on the State budget.
      Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.

  10. At 11:35: p.m., the order of agenda returned to hear pulled Consent Calendar items 2(e) and (i).

  11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  12. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Yoon to agendize an item regarding discussion of street conditions with all utility companies present.

      Councilmember Yoon spoke to his request.

      City Manager Burrell responded to Council questions.

      Action: To schedule, in approximately one month, an adjourned City Council meeting with all utility companies present to discuss the goal of achieving and maintaining the best possible condition for City streets.
      Motion Yoon, second Mayor Edgerton. The motion carried by a unanimous vote.

    2. Request from Councilmember Yoon to agendize dissemination to the public of City emergency plan information.

      Councilmember Yoon spoke to his request.

      City Manager Burrell responded to Council questions.

      Action: Council consensus was to contact Adelphia to discuss developing a community information program as soon as possible for emergency preparedness with the participation of Mayor Edgerton, City Manager Burrell, Fire Chief Tingley, and Police Chief Lavin.

    3. Request from Councilmember Dunbabin to agendize a request from Planning Commissioner Ron Pizer for a Council discussion of the portions of the General Plan that need direction from Council.

      Councilmember Dunbabin spoke to her request.

      City Manager Burrell responded to Council questions, stating that the Planning Commission would like to do a citywide mailing, which would be very costly; that this issue would appear on a future agenda; and that he will provide the entire General Plan to the City Council in a format for their review.

    4. Request from Councilmember Dunbabin for a review of traffic on Prospect Avenue.

      Councilmember Dunbabin spoke to her request.

      Action: To agendize this item.
      Motion Dunbabin, second Yoon. The motion was subsequently withdrawn.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 25, 2003, at the hour of 11:50 p.m. to the Regular Meeting on Tuesday, April 8, 2003, at the hour of 7:10 p.m.