MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 9, 2002, at the hour of 7:16 P.M.

PLEDGE OF ALLEGIANCE - Boy Scout Troop 860 Color Guard

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

ANNOUNCEMENTS - Mayor Dunbabin proclaimed April 14 through April 20, 2002 as National Library Week in Hermosa Beach. She thanked the Librarians and the Friends of the Library for their efforts and said she would like to see the Hermosa Beach Library's hours extended.

CLOSED SESSION REPORT FOR MEETING OF MARCH 26, 2002 - City Attorney Jenkins said at the March 26, 2002 Closed Session, he was directed to engage the services of a law firm for purposes of preparing a complaint against the City of Redondo Beach in connection with the Heart of the City plan, noting that the actual contract would be on the Council agenda of April 23, 2002.

PUBLIC PARTICIPATION:

1. ORAL AND WRITTEN COMMUNICATIONS

   1. Letters from Al Benson regarding Hermosa Beach Municipal Code Chapter 8.24, Noise Control.

      Coming forward to address the Council at this time were:

      Frank O'Leary

      - Redondo Beach, said he was circulating an initiative petition to put the Heart of the City plan on the ballot; said Hermosa was premature with initiating litigation at this time (he was told that the City was under a deadline to file suit);

      Al Benson

      - Hermosa Beach, spoke to his written communication regarding loud parties and other disturbances; asked if the fines could be stiffened, perhaps increasing with each violation (City Manager Burrell said staff would respond to the letter) (City Attorney Jenkins said State law set the fines for misdemeanors) (Councilmember Reviczky requested a staff report on the effectiveness of the City's current noise ordinance);

      Shirley Cassell

      - Hermosa Beach, spoke of a party house next door to her, with speakers facing the other neighbors; said two families have moved to get away from the noise; said the fine should be $1,000 for the first visit, rising to $5,000 or more;

      Carol Brenner

      - Hermosa Beach, said noise had been a problem for years; suggested a handout advising residents of what to do; said people leave the bars and then party at someone's home;

      Dave White

      - Hermosa Beach, referred to construction contracted by Adelphia two weeks ago; said he and the other residents had not been notified that their homes would be inaccessible that day, noting that in his case, his home is also his office;

      Vince Tatoo

      - Hermosa Beach, spoke of the noise on walk streets with people coming home from the bars and sitting out in their front yards making noise and disturbing the neighbors; said he had already lost a tenant due to the loud noise;

      Geoff Hirsch

      - Hermosa Beach, spoke of the third annual Beach Cities Relay for Life, a 24-hour fundraising event to take place July 20 and 21 at Aviation Park to benefit the American Cancer Society, noting that $54,000 was raised last year; presented Council members with invitations to a kick-off party hosted by Sangria Restaurant Tuesday, April 16, from 6:30 to 8 P.M.; and

      Barbara Alman

      - Hermosa Beach, said this was the first year she did not plan to be in town for the 4th of July; concurred with Ms. Cassell's suggestion to raise the fines for noise violators.

      The Council advised residents to call the police when problems occur to ensure their complaints are on record. City Manager Burrell said the noise issue would be brought back in two steps, noting that the 4th of July issue would be brought before the Council in May.

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: (c) Reviczky, (e) Yoon, (f) Yoon, (g) Reviczky, (i) Edgerton, and (j) Reviczky.
   Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   At 7:49 P.M., the order of the agenda was suspended to go to the public hearing items, 5.a. through 5.d.

   1. Recommendation to receive a file memorandum from City Clerk Elaine Doerfling (PDF file) regarding the minutes of the Adjourned Regular meeting of March 4, 2002 and the Regular meetings of March 12 and March 26, 2002.

      Action: To receive and file the memorandum from City Clerk Elaine Doerfling regarding the minutes of the Adjourned Regular meeting of March 4, 2002 and the Regular meetings of March 12 and March 26, 2002

   2. Recommendation to ratify check register and to approve cancellation of certain checks 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) .

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

      City Manager Burrell responded to Council questions.

      Action: To receive and file the tentative future agenda items, amended to change the second meeting in May from Thursday, May 30, back to Tuesday, May 28, 2002.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

   4. Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 20, 2002 .

      Action: To receive and file the action minutes of the Public Works Commission meeting of March 20, 2002.

   5. Recommendation to authorize the appropriation of $55,000 from the 150 Grant Fund for Project No. CIP 00-630, Pier Renovation - Phase III. Memorandum from Public Works Director Harold Williams dated March 27, 2002 (PDF file) .

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

      Public Works Director Williams presented the staff report and responded to Council questions.

      Action: To authorize the appropriation of $55,000 from the 150 Grant Fund for Project No. CIP 00-630, Pier Renovation - Phase III, as recommended by staff.
      Motion Yoon, second Reviczky. The motion carried by a unanimous vote.

   6. Recommendation to approve the Public Works Commission's recommendation to install signs on the north side of Gould Avenue between Pacific Coast Highway and El Oeste Drive stating "No Parking - Vehicles Over 6 Feet in Height." Memorandum from Public Works Director Harold Williams dated April 3, 2002 (PDF file) .

      This item was removed from the consent calendar by Councilmember Yoon for separate discussion later in the meeting to request staff to look at Prospect Avenue at 21st Street to determine the need for signage there, noting the location had been brought to his attention by a resident.

      Councilmember Edgerton said he would not participate in any discussion or action on this item because of a potential conflict of interest due to the proximity of his office building.

      Public Works Director Williams presented the staff report and responded to Council questions, saying staff would look at the section of Prospect Avenue referenced by Councilmember Yoon.

      Action: To approve the Public Works Commission's recommendation to install signs on the north side of Gould Avenue between Pacific Coast Highway and El Oeste Drive stating "No Parking - Vehicles Over Six Feet in Height."
      Motion Yoon, second Reviczky. The motion carried, noting the absence of Edgerton.

   7. Recommendation to award Professional Services Agreement to Uniplan Engineering, Inc. to provide design and engineering services for CIP 00-410 and CIP 00-192 in the amount of $122,800; authorize the appropriation of $115,273 from the 160 Sewer fund; authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; authorize the Director of Public Works to make changes to the agreement up to $12,280. Memorandum from Public Works Director Harold Williams dated March 28, 2002 (PDF file) .

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

      Public Works Director Williams and City Manager Burrell responded to Council questions.

      Action: To:

      1. Award the Professional Services Agreement to SA Associates to provide design and engineering services for CIP No. 00-410 and CIP No. 00-192 in the amount of $133,000;
      2. Authorize the appropriation of $127,493 from the 160 Sewer fund;
      3. Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney; and
      4. Authorize the Director of Public Works to make changes to the agreement up to $13,300.

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

   8. Recommendation to accept the work by Sully-Miller Contracting Co. for Project No. CIP 00-139, Hermosa Avenue Street Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Sully-Miller Contracting Co. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Harold Williams dated April 2, 2002 (PDF file) .

      Action: To approve the staff recommendation to:

      1. Accept the work by Sully-Miller Contracting Co. for Project No. CIP 00-139, Hermosa Avenue Street Improvements;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize Staff to release payment to Sully-Miller Contracting Co. (10% retained for 35 days following filing of Notice of Completion).

   9. Recommendation to approve Adopt-A-Stormdrain donations from new private sponsors and approve the design, size, wording and placement of Adopt-A-Stormdrain signage. Memorandum from Public Works Director Harold Williams dated March 28, 2002 (PDF file) .

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

      Public Works Director Williams presented the staff report and responded to Council questions.

      Action: To approve Adopt-A-Stormdrain donations from new private sponsors and approve the design, size, wording and placement of the Adopt-A-Stormdrain signage, as recommended by staff.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

   10. Recommendation to appropriate additional funding of $62,289 from the Equipment Replacement Fund and $62,288 from the Capital Improvement Fund to provide total funding required to complete Project No. CIP 95-622, City Hall Remodel - ADA Upgrades. Memorandum from Public Works Director Harold Williams dated March 28, 2002 (PDF file) .

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

       Public Works Director Williams presented the staff report and responded to Council questions.

       Action: To approve the staff recommendation to appropriate additional funding of $62,289 from the Equipment Replacement Fund and $62,288 from the Capital Improvement Fund to provide total funding of $124,577 required to complete Project No. CIP 95-622, City Hall Remodel - ADA Upgrades.
       Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

3. CONSENT ORDINANCES

   NONE

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(c), (e), (f), (g), (i), and (j) 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. EXPENDITURE OF LOS ANGELES COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE GENERAL ADMINISTRATION OF PROJECTS FUNDED THROUGH THE CDBG PROGRAM FOR FISCAL YEAR 2002-2003. Memorandum from Community Development Director Sol Blumenfeld dated March 21, 2002 (PDF file) .

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

      The public hearing opened at 7:52 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:52 P.M.

      Action: To approve by minute order the Fiscal Year 2002-2003 Community Development Block Grand (CDBG) allocation and expenditure of $5,860 for the general administration of projects funded through the CDBG Program as recommended by staff.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   2. VACATION OF A PORTION OF 8TH STREET BETWEEN THE STRAND AND HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated March 27, 2002 (PDF file) .

      Public Works Director Williams 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 7:55 P.M. Coming forward to address the Council on this issue was:

      Diane (last name indistinct)

      - Hermosa Beach, asked about the effect of the proposed vacation.

      The public hearing closed at 7:59 P.M.

      Action: Mayor Dunbabin directed, with the consensus of the Council, that the resolution (PDF file) be presented for adoption when the deeds are completed, as recommended this evening by staff.

   3. REVIEW AND RECONSIDERATION OF PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR ALTERATIONS TO AN EXISTING RETAIL AND ENTERTAINMENT CENTER TO ACCOMMODATE OFFICES, A HEALTH AND FITNESS CLUB, AND RETAIL USES AND A VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE EXISTING DECK AREAS TO MATCH THE HEIGHT OF THE EXISTING ROOF, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY, HERMOSA PAVILION. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 2002 (PDF file) .

      ( The resolution (PDF file) .)

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

      The public hearing opened at 8:07 P.M. Coming forward to address the Council on this issue were:

      Jerry Wiggle

      - Keisker & Wiggle Architects, reviewed the proposal, noting that the new plan incorporated valet parking service in the parking garage, with the drop off and retrieval at the same place; said the original drop-off area in front of the building would be cemented in, but the deceleration lane on Pacific Coast Highway would be retained;

      Gene Shook

      - president of Shook Development, property owner, said it would be dangerous to use the front of the building for valet parking service or as a drop-off and pick-up area; said the building should have had at least parking spaces; said they would require employees to use tandem spaces;

      Kevin McGuire

      - commercial retail broker, said the proposal would work with a reasonable amount of parking, noting that tenants liked vibrancy; said 24-Hour Fitness was anxious to get into the new facility; and

      Shirley Cassell

      - Hermosa Beach, opposed granting a height variance; said there would be no sales tax from the proposed fitness club and office usage.

      The public hearing closed at 9:05 P.M.

      Proposed Action: To grant the height variance for the envelope of the building to even out the height on the east side to match the height of the existing roof.
      Motion Edgerton, second Yoon. The motion failed due to the dissenting votes of Keegan, Reviczky and Mayor Dunbabin.

      Preliminary Action: To direct a redesign to the front of the building by eliminating the proposal to extend the building forward, and instead creating more of an entryway, and to use the valet lane for landscaping purposes.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

      Action: To continue the item to the second meeting in May for the purposes of receiving height calculations from staff and of receiving from the applicant a redesign of the front of the building per the previous motion, with the public hearing continued open to allow for public comment on those issues.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   4. The meeting recessed at 9:42 P.M.
      The meeting reconvened at 10:04 P.M.

   5. TEXT AMENDMENT FOR FRONT YARD REQUIREMENTS ON THROUGH LOTS BETWEEN THE STRAND AND THE SERVICE ROAD PARALLEL TO HERMOSA AVENUE APPROXIMATELY BETWEEN 27TH STREET AND 35TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 3, 2002 (PDF file) .

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

      The public hearing opened at 10:20 P.M. As no one came forward to address the Council, the public hearing closed at 10:20 P.M.

      Action: To approve the staff report to waive full reading and introduce Ordinance No. 02-1218, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.152 OF THE ZONING ORDINANCE TO CHANGE THE FRONT YARD REQUIREMENTS ON THROUGH LOTS BETWEEN THE STRAND AND THE SERVICE ROAD PARALLEL TO HERMOSA AVENUE APPROXIMATELY BETWEEN 27TH STREET AND 35TH STREET." (PDF file)
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

      Further Action: To direct staff to study the remaining similar locations.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   6. CONSIDERATION FOR APPROVAL OF ALOHA DAYS - AUGUST 10 & 11, 2002. Memorandum from Community Resources Director Mary Rooney dated April 1, 2002 (PDF file) .

      Community Resources Director Rooney presented the staff report and responded to Council questions.

      The public hearing opened at 10:22 P.M. Coming forward to address the Council on this issue was:

      Abel Ybarra

      - Aloha Days, said this would be the sixth annual event and all of the proceeds this year would go to the Historical Society to expand their facility to include the Surf Museum; responded to Council questions.

      The public hearing closed at 10:30 P.M.

      Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission as amended to:

      1. Approve the request from the Aloha Days Committee to hold its annual surf competition and "Aloha Days" Hawaiian Festival on Saturday, August 10, and Sunday, August 11, amended to allow beach events on both days but vendor booths on the Plaza for one day only;
      2. Approve the requested fee waivers and funding; and
      3. Approve the event contract.

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

   At 10:32 P.M., the order of the agenda moved to item 6.b.

6. MUNICIPAL MATTERS

   1. REQUEST FOR SPEED HUMPS ON ALLEY EAST OF HERMOSA AVENUE BETWEEN PIER AVENUE AND 14TH STREET. Memorandum from Public Works Director Harold Williams dated April 3, 2002 (PDF file) .

      Public Works Director Williams 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 was:

      Shirley Cassell

      - Hermosa Beach, noted numerous lawsuits stemming from speed bumps causing damage to cars; questioned the proposed trial basis, saying once something is put in place it would never be removed.

      Action: To designate the intersection of Palm Drive and the west exit of Parking Lot D as a one-way stop control, with direction to staff to erect a stop sign at the south approach to the intersection.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   2. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LETTER RECEIVED APRIL 1, 2002 REGARDING CHANGES IN EIN STEIN'S RESTAURANT AND BREWERY INC. ABC LICENSE OPERATING CONDITIONS. Memorandum from City Manager Stephen Burrell dated April 4, 2002 (PDF file) .

      City Manager Burrell explained the procedure and responded to Council questions.

      Coming forward to address the Council on this item was:

      Jack Williams

      - Manhattan Beach, representing Ein Stein's Restaurant, spoke to the proposed changes, saying the ABC suggested the removal of some of the conditions to simplify the license; said the outdoor speakers are connected to the house system, which is not used in the evening.

      Action: To not oppose the ABC's recommended elimination of condition 4 that prohibits the use of an amplifying system or device on the first floor patio and terrace level patio.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Reviczky and Mayor Dunbabin.

      Further Action: To not oppose the ABC's alteration of condition 6 to require food service only until 10 P.M.
      Motion Edgerton, second Keegan. The motion carried, noting the dissenting vote of Reviczky.

      Final Action: To not oppose the ABC's elimination of condition 7 to avoid confusion as dancing is permitted anywhere in the building, but not outside.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Reviczky.

      City Manager Burrell said based on Council actions, there were no comments to send to the ABC concerning the proposed changes.

   3. At 11:00 P.M, the order of the agenda moved to item 7.c.

   4. REVIEW OF PIER PHASE III CONTRACTS AND AMENDMENTS. Memorandum from City Manager Stephen Burrell dated April 4, 2002 (PDF file) .
      
      

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

      Action: To approve the Third Amendment to the Purkiss Rose-RSI (PDF file) contract in the amount of $96,612, as recommended by staff.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   1. APPOINTMENTS TO SOUTH BAY WORKFORCE INVESTMENT BOARD. Memorandum from City Manager Stephen Burrell dated April 2, 2002 (PDF file) .

      Action: To appoint John Workman to serve as a Board member for the term of July 1, 2002 through June 30, 2003, and Janice Web, Vice-President of Cal Fed Bank to serve as a Board member for the term of July 1, 2002 through June 30, 2004, as recommended by staff.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

   2. AB2863 - HOUSING ELEMENT REFORM - PROPOSED COMPREHENSIVE HOUSING ELEMENT INTRODUCED AT REQUEST OF THE LEAGUE OF CALIFORNIA CITIES AND CALIFORNIA ASSOCIATION OF COUNTIES. Memorandum from City Manager Stephen Burrell dated April 2, 2002 (PDF file) .

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

      Proposed Action: To not take a position in support of AB2863.
      Motion Yoon, second Edgerton. The motion failed, noting the dissenting votes of Keegan, Reviczky and Mayor Dunbabin.

      Action: To take a position in support of AB2863 - Housing Element Reform - introduced at the request of the League of California Cities and the California Association of Counties, as recommended by staff.
      Motion Reviczky, second Mayor Dunbabin. The motion carried, noting the dissenting votes of Edgerton and Yoon.

   3. MEMORANDUM FROM CITY MANAGER REGARDING PUBLIC INFORMATION CONCERNING THE CITY'S POSITION ON THE HEART OF THE CITY PLAN IN REDONDO BEACH.

      City Manager Burrell presented the staff report, distributed a draft letter, and responded to Council questions. City Attorney Jenkins also responded to Council questions.

      Coming forward to address the Council on this item were:

      Chris Cagle

      - Redondo Beach, said he is part of a grass-root citizens group collecting signatures for a referendum on the project to allow the voters the opportunity to make the decision; he announced a petition drive on Saturday at various locations; and

      Shirley Cassell

      - Hermosa Beach, suggested that the group set up in front of markets and walk their neighborhoods for signatures.

      Action: To direct the preparation of a letter to the editor more strongly voicing concerns already expressed to the City of Redondo Beach with regard to certain aspects of the Heart of the City plan.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

   At 11:13 P.M., the order of the agenda returned to item 4.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   NONE

9. OTHER MATTERS - CITY COUNCIL

   NONE

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

1. MINUTES: Approval of minutes of Closed Session meeting held on March 26, 2002.

2. CONFERENCE WITH LEGAL COUNSEL

   The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

   Initiation of Litigation: Government Code Section 54956.9(c)

   Number of potential cases: 1

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Government Code Section 54957

   Title: City Manager

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 9, 2002, at the hour of 11:50 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:55 P.M. At the hour of 12:25 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, April 10, 2002, at the hour of 12:26 A.M. to the Regular Meeting on Tuesday, April 23, 2002, at the hour of 7:10 P.M.