City Council Minutes April 23, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 23, 2002, at the hour of 7:13 P.M.

PLEDGE OF ALLEGIANCE - Julie Oakes

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

ANNOUNCEMENTS - Councilmember Yoon said his first town hall meeting would take place Saturday, May 11, from 11 A.M. to 1 P.M. in Room 4 of the Community Center. He announced the annual celebration for Eric Fonoimoana's foundation, "Dig for Kids," on Thursday, April 25, from 7 P.M. to 1 A.M. at Sangria's Restaurant, noting that all proceeds would benefit the foundation.

Councilmember Reviczky requested that the meeting be adjourned in memory of Jack Wood, a former Mayor and Councilmember of Hermosa Beach, who served on the Council from 1982 to 1986, and a long-time Hermosa resident and Rotary Club member, who gave a lot to the community and would be missed. Councilmember Edgerton said he was a great friend to business--a real maverick who got a lot done.

Mayor Dunbabin spoke of the plaque dedication Saturday at the Pier Plaza honoring the Schumacher's generous donation of $1 million for the renovation of the foot of the Pier, which should be completed in 2003. She then announced: (1) the Endless Summer Classic Car Show Saturday, April 27, from 10 A.M. to 3 P.M. on Pier Plaza; (2) the City's annual Dog Parade and Trick Show on the Greenbelt Sunday, May 5, from 11 A.M. to 1 P.M.; (3) the start of the two-week run of "Driving Miss Daisy" at the Hermosa Beach Playhouse; (4) the continued production of Late Nite Catechism at the Pier Avenue Second Story Theatre; and (5) the start on Saturday April 27, of the Saturday Puppet Theater with Jim Gamble at the Pier Avenue Second Story Theatre with performances at 10 A.M., 11 A.M. and 1:30 P.M. She read an article in the May issue of Worth magazine, which, based on two years of home selling information, ranked Hermosa Beach as 83 on a list of 250 of the richest towns in America, ahead of Palos Verdes Estates and Manhattan Beach.

PRESENTATIONS

PRESENTATION OF CHECK FROM THE HERMOSA BEACH KIWANIS CLUB TO THE HERMOSA ARTS FOUNDATION

Sam Abrams, Hermosa Beach Kiwanis Club president, thanked the City Council for the use of the Community Center lawn for the Club's annual holiday tree lot, and thanked the citizens for their generous support, noting that last year's event was one of their most successful, and that the proceeds enable the Club to support the youth of the community and other worthwhile causes. He said this year they would award more than $11,000 worth of scholarships to deserving students, and also planned to do additional refurbishment in the Community Center. He presented a $6,000 check to Jane Stewart, Hermosa Arts Foundation president.

Ms. Stewart thanked the Kiwanis Club for the check and for all the help they provide to the entire community. She spoke of the programs sponsored by the Foundation since it was founded more than 16 years ago. She announced that a telethon, co-sponsored by the Arts Foundation and Adelphia, emceed by James Blackman and shown live on Channel 10, would take place at the Community Center on Father's Day, June 16, noting there would be entertainment and a live auction. She invited everyone to participate simply come to enjoy the show

ECONOMIC DEVELOPMENT REVIEW COMMITTEE PRESENTATION

Joe Mark, committee chair, introduced his committee members and thanked them for their efforts during this yearlong study. He briefly discussed the study and then showed a video presentation which summarized the findings, conclusions and recommendations of the committee. He said it was his privilege to have been of service and responded to Council questions.

Ron Newman, committee member, thanked Mr. Mark on behalf of the committee for his great leadership.

The Councilmembers thanked Mr. Mark and the entire committee for their hard work and the excellent presentation. Mayor Dunbabin said the Council would conduct one or more special meetings to discuss the report.

SAFETY PROGRAM PROPOSAL PRESENTATION

Coming forward to address the Council on this item were:

Jean Lombardo
- Public Works Commission, requested approval to launch a safety campaign, which would include safety programs for children, and signage, with possible IMG sponsorship and the placement at selected locations on Hermosa Avenue, Pier Avenue, and Pacific Coast Highway of double-sided, light-standard banners with Mervyns on one side and the safety message on the other; noted the goal of having the program in place by Memorial Day;
Chris Howell
- Public Works Commission, distributed background information; spoke of the need to define the program theme and determine a budget approach, either a fully sponsored program with sponsor recognition or perhaps the possibility of the City matching funds donated by residents and businesses; and
Jim Lissner
- Hermosa Beach, said the agenda showed this item as a presentation and did not reflect that any action would be taken.

Responding to Council questions, (1) City Manager Burrell said direction was requested tonight to pursue the grant funding; (2) Community Resources Rooney said if Mervyns agreed to support the safety program, that would be in addition to the already promised $40,000 in non-profit donations; and (3) City Attorney Jenkins said staff would be proceeding on its own authority and the program would come back on a future agenda for action.

Action: To allow the program planning to move forward, including the application for grant money, with direction that the finalized, detailed program come back at a future meeting for Council review and action.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

CLOSED SESSION REPORT FOR MEETING OF APRIL 9, 2002: No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Krista Capo regarding a request to install a three-way stop at the corner of 20th Street and Valley Park Avenue.

    2. Letter from John Hales, Director of the Hermosa Beach Historical Society, requesting that the 1965 commemorative plaque be reinstalled at the pier head.

      Coming forward to address the Council at this time was:

      John Hales
      - Hermosa Beach, representing the Historical Society, spoke to his written communication requesting that the 1965 commemorative plaque be reinstalled at the pier head; referred to a 1963 newspaper clipping about the building of a new pier.

      Proposed Action: To agendize Mr. Hales' letter for consideration at a future meeting.
      Motion Reviczky, second Yoon. The motion was subsequently withdrawn.

      Action: To direct staff to ensure that the commemorative plaque referred to in Mr. Hales' letter is on the list for reinstallation when the plaque issue is agendized for Council review and approval.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

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

      Roger Bacon
      - 1100 Pacific Coast Highway, said about $20,000 had been collected for the proposed Surfers' Walk of Fame, and requested that interested parties have the opportunity to provide input on where the plaques will be located (City Manager Burrell said the plan would come back at a future Council meeting);
      Jim Lissner
      - Hermosa Beach, expressed concern that the monthly police activity reports are not posted on the City's website; spoke of an increase in crime, including assaults; requested that consent calendar item 2(j) be pulled for discussion;
      Sid Hickson
      - Hermosa Beach; referred to a small structure behind his home, said the City directed him to remove the stove, gas line and refrigerator, which he did; said he was then told him to remove the bathroom, drywall and electrical; said the structure was not used for illegal purposes and he wanted to retain it as his quiet place, noting he has three children and his home was less than 1,000 square feet (he was directed to talk to the City Manager); and
      Al Benson
      - Hermosa Beach, asked that the City's letters that are sent to the party houses before the 4th of July define the fines, parameters and procedures (City Manager Burrell said the issue would be coming back at the next Council meeting).
  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item which was removed for discussion in item 4, but is shown in order for clarity: (j) Reviczky for Jim Lissner.
    Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    1. Recommendation to approve the following minutes:

      1. Minutes of the Regular meeting held on March 4, 2002.
      2. Minutes of the Regular meeting held on March 12, 2002;
      3. Minutes of the Regular meeting held on March 26, 2002; and,

      Action: To approve as presented the minutes of the Adjourned Regular meeting of March 4, 2002, and the Regular meetings of March 12, 2002 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)

      Action: To receive and file the tentative future agenda items, as presented.

    4. Recommendation to receive and file the March 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 March 2002 financial reports as presented.

    5. 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 April 9, 2002. (PDF File)

      Claimant: Joseph Mathew
      Date of Loss: 10/14/01
      Date Filed: 4/9/02

      Action: To deny the subject claim and refer it to the City's Liability Claims Administrator, as recommended by staff.

    6. Recommendation to receive and file notice of closed claim. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 15, 2002. (PDF File)

      Action: To receive and file the notice of the closure of a claim filed by Regina Taylor concerning vehicle damage.

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated April 15, 2002. (PDF File)

      Action: To receive and file the staff report giving the status as of March 31, 2002 of capital improvement projects that are either under design or construction.

    8. Recommendation to authorize the purchase of ten (10) Motorola CDM-1550 mobile radios for use in unmarked police cars and twelve (12) Motorola MTS-2000 portable radios from the Motorola Corporation in Schaumburg, Illinois in the amount of $28,360.56 (includes tax and shipping). Memorandum from Police Chief Michael Lavin dated April 23, 2002. (PDF File)

      Action: To authorize the purchase of 10 Motorola CDM-1550 mobile radios for use in unmarked police cars and 12 Motorola MTS-2000 portable radios from the Motorola Corporation in Schaumburg, Illinois, as recommended by staff.

    9. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of April 2, 2002. (PDF File)

      Action: To receive and file the action minutes from the April 2, 2002 meeting of the Parks, Recreation and Community Resources Advisory Commission.

    10. Recommendation to receive and file action minutes from the Planning Commission meeting of April 16, 2002. (PDF File)

      This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner for separate discussion later in the meeting.

      Action: To initiate a review and reconsideration of the actions of the Planning Commission (agenda items 9 and 10), approving the requests of Alta-Dena and the Pitcher House.
      Carried by the affirmative votes of Reviczky and Mayor Dunbabin.

      Further Action: To receive and file the remaining action minutes from the April 16, 2002 meeting of the Planning Commission.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    11. Recommendation to adopt resolution designating the intersection of Palm Drive and the west exit of Parking Lot D as a one-way stop control. Memorandum from Public Works Director Harold Williams dated April 16, 2002 (PDF File)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6193, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF PALM DRIVE AND THE WEST EXIT OF PARKING LOT D AS A ONE-WAY STOP CONTROL INTERSECTION."

    12. Recommendation to approve the Engagement Agreement with Cox, Castle & Nicholson, LLP and authorize the Mayor to sign the agreement. Memorandum from City Manager Stephen Burrell dated April 18, 2002. (PDF File)

      Action: To approve the Engagement Agreement with Cox, Castle & Nicholson, LLP, and authorize the Mayor to sign the document.

    13. Recommendation to adopt resolution approving Final Map #26216 for a 2-unit condominium project at 222 & 226 6th Street. Memorandum from Community Development Director Sol Blumenfeld dated April 17, 2002. (PDF File)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6194, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #26216 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 222 AND 226 SIXTH STREET, HERMOSA BEACH, CALIFORNIA."

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 02-1218 - "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) For adoption. Memorandum from City Clerk Elaine Doerfling dated April 15, 2002. (PDF File)

      City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced unanimously at the April 9, 2002 meeting.

      Action: To adopt Ordinance 02-1218.
      Motion Reviczky, second Keegan. The motion carried by the following vote:

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

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(j) was heard at this time but is shown in order for clarity.

    Public comments on items removed from the Consent Calendar are shown under the appropriate item.

  5. At 8:57 P.M., the order of the agenda was moved to item 6.b.

  6. PUBLIC HEARINGS

    NONE

  7. MUNICIPAL MATTERS

    1. STATISTICAL REPORT OF CRIMES AND POLICE ACTIVITY FOR 2001. Memorandum from Police Chief Michael Lavin dated April 16, 2002. (PDF File)

      Police Chief Lavin presented the staff report and responded to Council questions, noting that in his opinion the recent increase was cyclical as he was starting to see a regional upswing, adding that he would be reporting on the July 4 issues at the next meeting.

      Coming forward to address the Council on this item were:

      Jim Lissner
      - Hermosa Beach, expressed concern about increased crime; said the City cannot have nightlife without the drugs or without the noise; said the Council should take measures to make the downtown more peaceful; and Maria Glosser - former Hermosa resident, said she and her friends enjoy the nightlife but have never used drugs or over-drank; said she often was the designated driver.

      Action: To receive and file the report, as recommended by staff.
      Motion Keegan, second Edgerton. The motion carried, noting the absence of Yoon.

    2. TEMPORARY CLOSURE OF THE FIRST ALLEY SOUTH OF 21ST STREET BETWEEN ARDMORE AVENUE AND AVA AVENUE. Memorandum from Public Works Director Harold Williams dated April 3, 2002. (PDF File)

      Public Works Director Williams responded to Council questions concerning the permit process. Community Development Director Blumenfeld responded to Council questions concerning, saying the project required no discretionary review and adhered to all Codes. City Manager Burrell also responded to Council question, saying the allowable fence height would be measured from the bottom of the wall since this was a fill condition.

      Coming forward to address the Council on this item were:

      Tara Etley
      - owner of the newly constructed home, responded to Council questions about plans to put a fence on top of the wall;
      Julie Oakes
      - Hermosa Beach, presented background information, saying that she initially brought the issue to the City's attention during construction since the wall would obstruct the line of sight from the alley, which the residents used for vehicular access; said the City determined that it was for storm water runoff and not wide enough to meet the definition of an alley;
      Joanne Maisch
      - Hermosa Beach, said one of her neighbors called Ava Avenue a cul-de-sac with no "sac" as it has no turnaround area; said the street was narrow with parking on both sides, which allowed only one car to pass through; said the alley had been used as a street for years and the City acknowledged its use as a street by putting a stop sign there; said closure of the alley is unsafe because it has eliminated an escape route and forced people to back their cars all the way down to 21st Street;
      Terry Cook
      - Hermosa Beach, referred to a petition that was signed by most of the neighbors to keep the alley open; said cars cannot turn around and must make 15-point turns to get out; said the entire neighborhood has been inconvenienced for the retaining wall of one house;
      Michelle Waller
      - Hermosa Beach, said the stop sign at the bottom of the alley at Ardmore shows that the alley was used for vehicular traffic; questioned why the builder was given the authority by the City to obstruct the alley; said the builder had destroyed the alley, both aesthetically and physically, over the past year while working on the project; requested that the alley be reopened;
      Jeff Craknell
      - Hermosa Beach, spoke in support of opening the alley for safety reasons; said the current situation was an accident waiting to happen because of the cars backing down Ava; said the alley was also a great convenience to the residents and suggested a blind-spot mirror at the bottom to make it safer;
      Jack Jenkin
      - Hermosa Beach, asked about the City's grading code;
      Tara Etley
      - owner of the newly constructed home, said they followed the law and did not mean to create an inconvenience for the neighbors, noting that they bought the plans with the house; said they did not object to having the alley reopened but did not want to remove the wall; suggested a three-way stop at the bottom of the alley at Ardmore Avenue to make it safer;
      Chris Gerald
      - Hermosa Beach, said the wall could be altered rather than removed; said regardless of the Public Works ruling, the alley has a stop sign on it and therefore is a street;
      Richard Chartow
      - Hermosa Beach, asked about a prescriptive easement since the alley had been used continuously as an alley; said traffic was now being diverted up the alley to Springfield Avenue, which is already impacted by apartment residents parking there; requested consideration of residential parking permits for both streets;
      Julie Oakes
      - Hermosa Beach, said she was in favor of closure of the alley for safety reasons, noting the wall was constructed legally and will not be removed; agreed that the closure causes an inconvenience to the neighbors south of the alley, but said a major problem is the lack of parking permits on the street; suggested that the alley be barricaded in such a way that it can be used by cars to turn around; that it be maintained as a pedestrian accessway, and that it be done well;
      Sue Fishman
      - Hermosa Beach, said the source of the problem occurred years ago when the City allowed Ava Avenue to become a dead-end street without requiring a turnaround at the end; said the City should not make a bad decision worse by cutting off the access used by the residents for many years; said the entire alley should be opened and designated for access to prevent same problem at Springfield Avenue; and
      Victor Winnek
      - Hermosa Beach, said he had recused himself from all decisions at the Public Works Commission meeting; noted that the Commission had recommended that the Council reopen the alley and direct staff to meet and confer with the property owner to modify the wall to improve visibility.

      Action: To direct staff to re-open the alley for a 60-day trial period after the damage to the alley has been repaired and to report back to the Council at its July 10 meeting.
      Motion Reviczky, second Keegan. The motion carried, noting the dissenting votes of Edgerton and Mayor Dunbabin.

      Further Action: To direct staff to prepare a staff report and agendize for a future meeting consideration of granting permit parking for the residents of Ava Avenue, Springfield Avenue and 21st Street, with notification to those affected.
      Motion Edgerton, second Keegan. The motion carried, noting the dissenting vote of Mayor Dunbabin.

    3. The meeting recessed at 9:50 P.M., at which time Councilmember Yoon left the meeting.
      The meeting reconvened at 10:15 P.M., at which time the order of the agenda moved to item 6.d.

    4. PROJECT NO. NON-CIP 005-01, CORONA STREET AND PROSPECT AVENUE STREET IMPROVEMENTS - STREET BARRIER, AWARD CONSTRUCTION CONTRACT. Memorandum from Public Works Director Harold Williams dated April 11, 2002. (PDF File)

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

      Action: To approve the following staff-recommended option (#1) to:

        1. Award the construction contract to Palp, Inc. dba Excel Paving, in the amount of $23,933.25;
        2. Authorize an appropriation of $12,000 in the 301 Capital Improvement Fund;
        3. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and,
        4. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,400.00.

      Motion Edgerton, second Keegan. The motion carried, noting the dissenting vote by Reviczky and the absence of Yoon.

    5. REQUEST FROM MR. CHRIS CUBIC CONCERNING REQUIREMENT TO INSTALL CURB, GUTTER AND SIDEWALK AT 645 24TH STREET. Memorandum from City Manager Stephen Burrell dated April 18, 2002. (PDF File)

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

      Coming forward to address the Council on this item was:

      Chris Cubic
      - spoke to his request; said the area had more of a country feel without curbs, gutters and sidewalks; requested that the installation requirement at least be postponed until 35 percent of the street was done; presented photos of the area.

      Action: To deny the request to delete or postpone the requirement to install curb, gutter and sidewalk.
      Motion Mayor Dunbabin, second Keegan. The motion carried, noting the absence of Yoon.

    6. At 10:25 P.M., the order of the agenda returned to item 6.a.

    7. AMENDMENT TO MUNICIPAL CODE RELATING TO REQUIRED STREET IMPROVEMENTS AS A RESULT OF NEW CONSTRUCTION OR REMODELING BY ADDING ALLEYS AS DEFINED IN THE MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated April 18, 2002. (PDF File)

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

      Action: To approve the staff recommendation to waive full reading and introduce by title Ordinance No. 02-1219, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE."
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Yoon.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. STATUS OF LOMA DRIVE UTILITY UNDERGROUND DISTRICT. Memorandum from City Manager Stephen Burrell was submitted April 23, 2002 as supplemental information.

      City Manager Burrell presented the staff report and responded to Council questions, noting that Edison would not pay to move the pole.

      Action: To authorize the City Manager to execute an agreement with the property owner to cover the cost of eliminating the pole on Sixth Street west of Cypress.
      Motion Keegan, second Mayor Dunbabin. The motion carried, noting the absence of Yoon.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  10. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Yoon to consider changing the timing on the Aviation and Prospect intersection to limit the left turn movement onto southbound Prospect during commute hours. Letter from Tim Podczerviensky dated March 11, 2002.

      This item was continued to the next meeting since Councilmember Yoon was not present.

    2. Request from Councilmember Yoon to consider working with school district to relocate the school district maintenance building on the City Yard and direct staff to proceed with developing a site plan to accommodate the needs of both. Letter from Tim Podczerviensky dated March 11, 2002.

      City Manager Burrell spoke to the request, discussed the benefits of a space study and, with the consensus of the Council, said staff would bring back three to four proposals for Council consideration at the next meeting.

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 April 9, 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

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 23, 2002, at the hour of 11:15 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:17 P.M. At the hour 11:32 P.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 in memory of Jack Wood on Tuesday, April 23, 2002, at the hour of 11:33 P.M. to the Regular Meeting on Tuesday, May 14, 2002, at the hour of 7:10 P.M.