City Council Minutes July 8, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, July 8, 2003, at the hour of 7: 13 a.m.

PLEDGE OF ALLEGIANCE

John Hales

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Reviczky thanked all Councilmembers, Pete Tucker, Roger Bacon, the Hermosa Beach Woman's Club, and the local chapter of Viet Nam Veterans for donations that made possible the yellow ribbons all over town, and hoped that the troops would be home soon to see them. He thanked the Police Department for their usual great job over the July 4th holiday weekend, stating that control is always a challenge but there were no major incidents, no personal injuries, and no property damage.

Mayor pro Tempore Yoon announced an AAU Volleyball Tournament to be held in Hermosa Beach on Sunday, July 13, 2003.

Councilmember Dunbabin expressed appreciation to the Police, Fire and Sheriff's departments for their fine work handling the large crowds over the July 4th weekend; said she was going to raise an issue later in the agenda to consider increasing alcohol-related violation fines, as Newport Beach did, to cover the cost for extra enforcement during this holiday. She said the Los Angeles Times had published an article regarding the opening of Gallery C, the wonderful new art gallery at the old Bijou Theater site. She said that, in addition to the monthly roundups at various locations, the County had a hazardous household waste drop-off every Saturday and Sunday at the Hyperion Plant (for additional information, call 1-800-98-TOXIC).

PRESENTATION

PRESENTATION BY WFI INC. PROPOSING THE CONSTRUCTION OF A WiFi NETWORK FOR THE CITY OF HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated July 3, 2003. (PDF File)

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

Coming forward to address the Council on this item was:

Desmond Wheatley
- Wireless Facilities, Inc., gave a presentation and responded to Council questions.

Action: To direct staff to report back to the Council with additional information on the concept including an accounting list showing both sides of the balance sheet, the savings for the average household, how many households would be affected, as well as the expert opinion of the City's computer staff. Motion Yoon, second Dunbabin. The motion carried by a unanimous vote.

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Gary and Beverly Gurling requesting consideration of prohibiting live bands in residential areas.

      Action: To agendize at a future meeting the request for consideration of prohibiting live bands in residential areas.
      Motion Edgerton, second Dunbabin. So ordered.

    Coming forward to address the Council at this time were:

    Joanne Edgerton
    - Hermosa Beach, suggested scheduling lengthy presentations, such as the one given by WFI, Inc., after public participation; opposed the concept of the City purchasing Marineland Mobilehome Park, especially during a budget crisis; said the City's management of this park and the possible displacement of residents from their homes was not right;
    Geoff Hirsch
    - Hermosa Beach, said that the City should not be involved in the purchase of Marineland Mobilehome Park; presented photographs illustrating flooding and limited parking at the site; noted the Council's assistance in the past and expressed concern about the threat of eviction; said the residents, who represent 2.5% of the supporters of Measure J, would not peacefully move;
    Socrates Jamies Plane
    - Hermosa Beach, said that it would be callous to remove residents from their homes; noted that there were at least 120 voters in the park for the Council to consider;
    Pete Tucker
    - Hermosa Beach, said he would reserve most of his remarks for the Mobilehome Park item later on the agenda but pointed out that park residents' trash bills had been raised 350%, three times what most Hermosa Beach residents paid;
    Roberta Moore
    - Hermosa Beach, said she lived east of Pacific Coast Highway where she felt residents were usually considered last, and hoped that this portion of the city would be considered first if free wireless internet access becomes available; pointed out that no decision had been made yet regarding the purchase of Marineland Mobilehome Park and hoped everyone would keep an open mind until more facts were known;
    Michelle Martin
    - Hermosa Beach, said she was a single mother with a seven-year old child; appealed to the Council to save her home in Marineland Mobilehome Park because she wanted to raise her child in Hermosa Beach, which she loved;
    Steve Cannella
    - Hermosa Beach, said the School District had done a great job moving forward after Measure J passed; said two concepts had been presented by the architect and discussed in open forum with option B chosen; said Mayor Keegan presented to the School District a possible joint venture with the City to purchase Marineland Mobilehome Park; said there was concern about the displacement of families, but hoped that the proposal would be studied before it was rejected;
    Mike Gorsen
    - Hermosa Beach, said he did not understood how the Council could consider a plan that would displace residents; said the Adelphia site would be better for the school expansion; said the Park management company had told residents the property could be used only for a mobilehome park;
    Roger Logue
    - Hermosa Beach, said he grew up in Hermosa Beach and his mother, former Council member Mary Tyson, had fought for low-income residents; said he voted for the current City Council with the hope that they would do the same; and
    John Hales
    - Hermosa Beach, discussed the history of the Strand and the Pier and compared this past July 4th with the holiday in the past; said he appreciated the placement of the sandwich boards again near the flashing red lights, as they did help traffic safety on the Strand, but said he hoped for more police enforcement as well; expressed gratitude for tonight's agenda item which provided a City donation to the Historical Museum expansion.
  2. CONSENT CALENDAR:

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

    At 8:33 p.m., the order of the agenda was suspended to go to public hearing item 5.

    1. Recommendation to approve the following minutes:

      1. Minutes of the Regular meeting held on June 10, 2003;
      2. Minutes of the Regular meeting held on June 24, 2003.

      Supplemental memorandum from City Clerk Elaine Doerfling correcting the minutes of June 10, 2003, page 11148 to reflect a dissenting vote by Councilmember Reviczky on the action to adopt Resolution No. 03-6267 increasing parking lot/parking structure rates.

      This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting on the minutes of June 10, 2003, page 11148, in order to request amending the action in the seventh paragraph to read as follows: "To direct staff to suspend all non-essential purchasing of equipment, including vehicles, except for Fire Department ambulances, until the impact is known from the State budget crisis".

      Action: To approve the minutes of the Regular City Council meeting of June 10, 2003, as amended by City Clerk Doerfling's memo and Councilmember Dunbabin's comments, and the minutes of the Regular City Council meeting of June 24, 2003, as presented.
      Motion Dunbabin, second Reviczky, The Motion carried by a unanimous vote.

    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 accept donations of $500 from North End Entertainment, LLC to be used for the Valley Park dedication ceremony and $600 from Beach Market, Inc. to be used to defray the cost of crime victim medical exams. Memorandum from Finance Director Viki Copeland dated June 30, 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 donors.

      Action: To accept the donations of: (1) $500 from North End Entertainment, LLC for the Valley Park dedication ceremony; and (2) $600 from Beach Market, Inc. to be used to defray the cost of crime victim medical exams.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

    5. Recommendation to approve an amendment to the street sweeping contract with Clean Street to eliminate bonding requirements. Memorandum from Public Works Director Richard Morgan dated June 30, 2003 (PDF File).

      Action: To approve an amendment to the street sweeping contract with Clean Street to eliminate bonding requirements, as recommended by staff.

    6. Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 18, 2003.

      Action: To receive and file the action minutes of the Public Works Commission meeting of June 18, 2003.

    7. Recommendation to adopt resolution approving Final Map #26315 for a 2-unit condominium project at 703 11th Street. Memorandum from Community Development Director Sol Blumenfeld dated June 25, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6281, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26315 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 703 11TH STREET, HERMOSA BEACH, CALIFORNIA."

    8. Recommendation to approve utilization of the Community Center lawn by the Kiwanis Club for operation of a tree lot for fundraising during the 2003 holiday season. Memorandum from Community Resources Department dated June 26, 2003 (PDF File).

      Action: To approve utilization of the Community Center lawn by the Kiwanis Club for operation of a tree lot for fundraising during the 2003 holiday season, as recommended by staff.

    9. Recommendation to approve the plans and specifications for Phase 1 and Phase 2 Project No. CIP 02-626 Community Center ADA Upgrades and authorize solicitation of bids. Memorandum from Public Works Director Richard Morgan dated July 1, 2003 (PDF File).

      Action: To approve the plans and specifications for Phase 1 and Phase 2 Project No. CIP 02-626 Community Center ADA Upgrades and authorize the solicitation of bids, as recommended by staff.

    10. Recommendation to appropriate $8,000 from the Park/Recreation Facility Tax Fund to be used for the renovation of the Hermosa Beach Historical Museum and direct the City Manager to disburse the funds upon request of the museum. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

      Action: To appropriate $8,000 from the Park/Recreation Facility Tax Fund to be used for the renovation of the Hermosa Beach Historical Museum and direct the City Manager to disburse the funds upon request of the museum, as recommended by staff.

    11. Recommendation to adopt resolution urging the California Legislature to use a balanced approach in adopting the State Budget (PDF File).

      This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting in order to request amendments to the resolution.

      Action: To approve the staff recommendation to adopt Resolution No. 03-6282, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROACH IN ADOPTING THE STATE BUDGET," amended as follows: the second bullet point, Short-term Borrowing, would read as follows: "If the decision is made to finance part of the budget deficit over a period of up to 5 years through the issuance of short-term debt instruments, secured by temporary taxes, that the taxes should be dedicated solely to retiring the short-term debt". The Third bullet point, Revenues for Deficit Reduction, would read as follows: "If the decision is made to finance part of the budget deficit, adopt a set of tax increases dedicated solely to retiring the short-term debt and the remaining structural deficit."
      Motion Dunbabin, second Mayor Keegan. The motion carried, noting the dissenting vote of Yoon.

    12. 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 July 3, 2003 (PDF File).

      Claimant: Chylinski, Lisa
      Date of Loss: 06-01-03
      Date Filed: 06-30-03

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

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(a), (d) and (k) were heard at this time but are shown in order for clarity.

    Public comments on items removed from the consent calendar are shown under the appropriate item.

  5. At 1:18 a.m., the order of the agenda was returned to item 9(a).

  6. PUBLIC HEARINGS

    1. A PROPOSAL FOR BALLOT MEASURES TO:

      1. INCREASE THE BUSINESS LICENSE TAX (PDF File),

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

        The public hearing opened at 8:55 p.m.

        Coming forward to address the Council on this issue were:

        Robert Benz
        - Hermosa Beach, said when Hermosa Beach became friendly to business, the City prospered with an upsurge in business; said this proposal to increase business license fees should not take the place of fiscal responsibility, noting that businesses could actually help reduce the pending deficit and should not be forced out of town by higher fees;
        Charlie Cheatham
        - Hermosa Beach, said an increase in business license fees would hurt businesses; said he understood the need for restaurants and bars to contribute more because of Police and Fire Department services they used, but felt the City needed to be more fiscally conservative until the full impact of the State budget crisis is known; and
        Randy Fortunato
        - Hermosa Beach, Bottle Inn Restaurant, said sales tax was going up, the City had a utility user tax, and workman's compensation had increased 200%; said it was getting harder and harder to run a profitable business and thought a higher fee for a business license would contribute to businesses leaving Hermosa Beach.

        The public hearing closed at 9:05 p.m.

        Action: To continue the item to the next meeting and direct staff to bring back more information, including a chart showing the number of restaurants in each category and an estimate of gross sales for those to which the tax applies, without listing the names of the businesses.
        Motion Dunbabin, second Yoon. The motion carried, noting the dissenting vote of Edgerton.

      2. INCREASE THE TRANSIENT OCCUPANCY TAX (PDF File).

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

        The public hearing opened at 9:20 p.m.

        Coming forward to address the Council on this item were:

        Mahesh Patel
        - Hampton Inn Suites, Hermosa Beach, said every hotel guest was trying to find the best rate and that a 2% tax increase would cause visitors to stay in Redondo Beach or Manhattan Beach instead;
        Kevin McCarthy
        - General Manager of The Beach House, Hermosa Beach, said this was an easy tax for voters to support because it did not tax residents, but said an increased tax would reduce occupancy which would reduce income to the City; agreed that hotels used city services but thought 10% was a fair tax rate; was concerned about the loss of business; said he had to lay off employees when occupancy is down and the City may have to consider similar action;
        Ray Chen
        - Owner and General Manager of the Holiday Inn Express, Hermosa Beach, said he had built a successful business but it seemed that the City was trying to push businesses out; said three new hotels opened last year in Manhattan Beach and another one would open this year; said a 2% tax increase would cause him to lose corporate accounts to Redondo Beach and Manhattan Beach; noted that the hotel industry was hurt badly by the events of September 11, 2001;
        Carla Mack
        - Hotel Hermosa, Hermosa Beach, said she had recently started offering a $59 per night rate again because business had dropped 60% and had been forced to lay off employees, noting that the dock strike and the war had contributed to the hotel industry's problems; said that she had sought corporate accounts and put in DSL to improve occupancy but that a 2% increase would drive away the corporate clientele;
        Carla Merriman
        - Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, speaking on behalf of all the motels and hotels in town but especially for Thelma Greenwald of The Sea Sprite who could not be present; cited three reasons that the tax should not be increased. (1) a 10% TOT rate in Redondo Beach and Manhattan Beach and a 6.25% rate at LAX hotels; (2) the motels and hotels in Redondo Beach and Manhattan Beach receive 1% back to market tourism; and (3) Hermosa Beach has only 480 hotel rooms, occupancy has been down 40-50% since September 11, 2001, and the increase would attack an already vulnerable industry; and
        Gene Dreher
        - Hermosa Beach, suggested that not only should the TOT tax not be increased from 10% to 12%, but that it should be decreased to 8% because that would increase occupancy and increase income to the City.

        The public hearing closed at 9:49 p.m.

        Action: To not place a measure on the November ballot that would grant the authority to levy an increase of the transient occupancy tax (TOT) up to 12%
        Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Reviczky.

  7. The meeting recessed at 9:50 p.m.
    The meeting reconvened at 10:08 p.m., with item 7 (d).

  8. MUNICIPAL MATTERS

    1. CONSIDERATION OF POTENTIAL BALLOT MEASURES FOR THE NOVEMBER 2003 MUNICIPAL ELECTION. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

      Coming forward to address the Council on this item were:

      Robert Aronoff
      - Hermosa Beach, distributed a handout opposing a separate bike path; said the City was currently short of funds and funding from other public agencies would still be taxpayer money; said there was no proof that a separate path would improve safety and, without that data, the matter should not be put before the voters; suggested that Beach Drive be used as an alternate route;
      Frank Wattles
      - Hermosa Beach, said historically the area residents had opposed a path specifically designated for bicycles; said the City should not undertake such an expensive project with the economy so bad; opposed asking voters if they wanted a separate bike path; said the issue should be decided by those who live along the Strand because they are most impacted;
      John Bowler
      - Hermosa Beach, said this had been a campaign issue in 1993 and that the additional path would improve safety; said it was important to put the matter before the voters since the Strand belongs to all Hermosa residents; said the main problem in the past involved clarifying the legal issues; said a separate bike path should not be considered if the voters do not want it;
      Chris Miller
      - Hermosa Beach property owner, said in 1973 when she and her father lived on the Strand, there had been a plan to "weave" the Manhattan Beach bike path through Hermosa, which she thought was ridiculous; said there should be more sand and less cement; questioned the safety aspect since she had been hurt in Manhattan Beach, which has two paths; said people like Hermosa Beach just the way it is;
      Gene Dreher
      - Hermosa Beach, mentioned some accidents he had observed on the Strand; thought safety would be improved if specific fines were noted on signs along with the speed limit; said asking for resident input was good but thought there should be a less formal method than putting it on the ballot; and,
      Jerry Compton
      - Hermosa Beach, said traffic and safety issues were identified during the Regional Urban Design Assistance Team (RUDAT) process; said lifeguards indicated that most accidents happened where bikes turned and/or due to high speeds; said Hermosa had a world-class pedestrian system and believed it made sense to find out if the people were interested before any money was spent investigating or designing a project.

      Action: To place on the November ballot, as an advisory measure, the issue of a separate bike path west of the Strand wall from the Redondo Beach city limit to the Manhattan Beach city limit, where it would meet the existing separated bike path.
      Motion Reviczky, second Dunbabin. The motion carried, noting the dissenting votes of Edgerton and Yoon.

      Action: To schedule a public hearing to discuss the feasibility of the construction of a building on the end of the pier.
      Motion Yoon, second Edgerton. The motion carried, noting the dissenting vote of Mayor Keegan.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. SCHEDULE DATE OF SPECIAL MEETING WITH PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION FOR TUESDAY, AUGUST 5, 2003 AT 7:00 PM. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

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

      Action: To schedule a joint meeting with the Parks, Recreation and Community Resources Advisory Commission for Tuesday, August 5, 2003, at 7:00 p.m.
      Motion Mayor Keegan, second Dunbabin. The motion carried by a unanimous vote.

    2. ADDITIONAL SUNSET CONCERT - SUNDAY, AUGUST 24, 2003. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

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

      Action: To approve the staff recommendation to (1) approve a fourth Sunset Concert on Sunday, August 24, 2003, with the selection of The Spinners, if possible; (2) appropriate $10,000 from the Beach Bash contribution for this purpose; (3) appropriate $7,000 from sponsor donation upon receipt and direct the City Manager to execute the agreement with the promoter.
      Motion Mayor Keegan, second Edgerton. The motion carried, noting the dissenting votes of Dunbabin and Yoon.

    3. PLANNING COMMISSION LETTER OF JUNE 17, 2003 CONCERNING THE UPDATING OF THE GENERAL PLAN. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

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

      Action: To direct staff to report back with a list of priorities for Council approval and then to proceed as recommended by the Planning Commission. Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

    4. MARINELAND MOBILEHOME PARK - CONSIDERATION OF POSSIBLE PURCHASE OF THE MOBILEHOME PARK. Memorandum from City Manager Stephen Burrell dated July 3, 2003 (PDF File).

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

      Coming forward to address the Council on this item were:

      Cathy McCurdy
      - Hermosa Beach, School Board Member, said as the School Board was reviewing two options for placing the gym on the Valley School site and looking into possible land acquisition, they learned that the Marineland Mobilehome Park was for sale and were asking if the City was interested in a joint venture with the School District to buy the site, with the District providing the down payment and the City financing the balance, owning most of the land, collecting rent, and maintaining the requirement for low income housing; said the joint purchase would benefit the School District, the City, and the community; said the City might earn sufficient income from the rents of the Mobilehome Park to meet the debt payments;
      Linda Beck
      - Hermosa Beach, School Board Member, said that Plan B, with the gym at the rear of the school property, was chosen with the suggestion to ask the City to buy the Marineland Mobilehome Park jointly with the School District; said that this suggestion was made immediately before the School Board's last meeting; thought there needed to be more communication between the School Board and the City Council; said that the gym would not become a 24-hour Community Center;
      Gordon Evans
      - Hermosa Beach, said voters supported Measure J for class improvements, not extra rooms for the administration; said voters had been misled; said the plan for building the gym was not suitable as students would be displaced during construction, adding that it was not going to be an easy task to acquire additional land;
      Marie Horowitz
      - Hermosa Beach, resident of Marineland Mobilehome Park, said park residents should have been notified of the possible purchase by the City and the School District; said providing a gym for the school should not cause people to lose their homes or have their homes moved to another part of the site; said that the residents wanted to buy the park themselves so they would own the land on which their mobile home sat, instead of renting the space; urged the Council not to involve itself in the purchase of the park;
      Pete Tucker
      - Hermosa Beach Planning Commissioner, said the Marineland Mobilehome Park had been discussed many times at Planning Commission meetings; said that the City had a requirement for low to moderate income housing which always fell short of the number of units needed; said he did not know where the mobile homes could be relocated on the property because limited parking was already a problem and the only part of the property not being used was on sand dunes, noting that it would be very expensive to retain the sand to build pads for the mobile homes; said the City should not go into the land management business;
      Jackie Freedman
      - Hermosa Beach, said if Measure J were on the ballot today, she would not support it; did not understand the urgency to push this land purchase through when there did not appear to be enough information; suggested that an EIR (Environmental Impact Report) be prepared; was concerned about noise at night if the gym were to be used by the community; said moving seventh and eighth graders to another location would probably be less expensive than building a gym, and that the School District had retained the right to use the Pier Avenue School facility which had classrooms and a gym; said communication with the nearby residents, in and out of Marineland Mobilehome Park would be appreciated;
      Abel Ybarra
      - Hermosa Beach, resident of Marineland Mobilehome Park, said he grew up in Hermosa Beach and considered it home; said he and his wife had bought property in Lawndale but moved back to the mobilehome park where theirs would be one of the homes requiring relocation if this plan were approved; said they did not want to move or be relocated within the park;
      Margaret Durant
      - Hermosa Beach, resident of Marineland Mobilehome Park, said the School Board talked about open, public meetings but the residents had not been notified; said the park had been for sale since she had moved there in 1985; said she intended to stay until she retired, suggested that Pier Avenue School or Clark Stadium be used by the School District; said that it was difficult and expensive to move a mobile home and there was no where to relocate any of the homes;
      Sam Barian
      - Hermosa Beach, said that he performed repair work at Marineland Mobilehome Park, and that it would be expensive to relocate any of the homes; he urged the School District to acquire another site;
      Janice Yates
      - Hermosa Beach, resident of Marineland Mobilehome Park, said that the park residents were a close community and that it was a wonderful place to live; said that she did not want to relocated within the park;
      Larry Peha
      - Hermosa Beach, said that the City Council needed to think carefully and not mislead the School Board or waste City staff time if they did not think this purchase was feasible; said moving the mobile homes to the sand dune hillside would be very expensive;
      (name unintelligible)
      - Hermosa Beach, resident of Marineland Mobilehome Park, said she grew up in the community, knew that kids needed a playground at their school, but did not want to be evicted from her home; said relocating mobile homes to another part of the park was not possible; said it did not seem right that the City and the School District would purchase the property together because they are separate entities;
      Walker David
      - Hermosa Beach, said he was 90 years old and had lived at Marineland Mobilehome Park for a year since his wife had passed on; said he enjoyed his home and without it would probably have to go to a rest home;
      Jennifer (no last name given)
      - Hermosa Beach, a resident at Marineland Mobilehome Park, said that her home would be one of those relocated if the land was purchased for construction of a gym; said she loved living in her mobile home and feared even if she were able to keep it, its value might be decreased by the nearby gym;
      Barbara Ellman
      - Hermosa Beach, said the proposal pitted neighbor against neighbor and that there was a lack of communication; said people felt they were misled and thought purchasing the Adelphia site seemed like a better idea; said she realized that if someone else bought the park, they might not have the best intentions for the residents;
      Jerry Compton
      - Hermosa Beach, referred to the text of Measure J and said he had supported the ballot measure but feels like he was duped; said the School District needed a plan that the whole town could support; said the School District had hoped to have matching funds from the State for their $1.6 million but this was impossible now; said that the plan for building the gym would take away too much open space on the school ground; suggested that purchase of the Adelphia site be investigated;
      Chris Miller
      - Hermosa Beach, suggested the use of Pier Avenue School; said in 1977 the City purchased the property for less than market value with the agreement that if the School District needed the facility within the next 50 years, they could use it; said that she had a seismic engineer look at the Pier Avenue School buildings and he estimated that it would be less expensive to retrofit them than to construct new buildings; and
      Betty Evans
      - Hermosa Beach, thanked everyone keeping an open mind; said she was shocked when she saw the large footprint of the gym which took away so much of the playground; said that she watched the children on the current playground bumping into each other already; said that if Marineland Mobilehome Park gets a different owner, things could be worse than if the City and School District purchased it; said she would like to see the School District and the City work together.

      Proposed Action: To table the item.
      Motion Edgerton. The motion died for lack of a second.

      Proposed Action: To appropriate $5,000 and direct staff to look into the feasibility of a joint purchase, and to schedule a joint meeting with the School Board.
      Motion Mayor Keegan. The motion died for lack of a second.

      Proposed Action: To have the City Council subcommittee meet with the School Board subcommittee and report back at the next Council meeting.
      Motion Yoon, second Edgerton. Replaced by a substitute motion.

      Action: To direct staff to schedule a joint meeting with the School Board on Tuesday, July 29, 2003, to be noticed to residents of Marineland Mobilehome Park and families of school attendees.
      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

  10. The meeting recessed at 11:59 p.m. The meeting reconvened at 12:10 a.m., with item 6(a).

  11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated June 23, 2003 (PDF File).

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

      Action: By consensus, to designate Mayor Keegan as delegate and no one as alternate for the League of California Cities Annual Business Meeting on Wednesday, September 10, 2003.

    2. BOARD/COMMISSION EXPIRATION OF TERMS - APPOINT PARKS, RECREATION & COMMMUNITY RESOURCES ADVISORY COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated June 25, 2003 (PDF File).

      Action: To appoint Steve Francis to the Parks, Recreation and Community Resources Advisory Commission for a four-year term ending June 30, 2007.
      Motion Mayor Keegan, second Yoon. The motion carried.

      Action: To appoint Robert Bell to the Parks, Recreation and Community Resources Advisory Commission for a four-year term ending June 30, 2007.
      Motion Keegan, second Yoon. The motion carried.

    3. BOARD/COMMISSION EXPIRATION OF TERMS - APPOINT CIVIL SERVICE BOARD MEMBERS. Memorandum from City Clerk Elaine Doerfling dated June 26, 2003 (PDF File).

      Action: To appoint Susan Blaco to the Civil Service Board for a four-year term ending July 15, 2007.
      Motion Edgerton, second Reviczky. The motion carried.

      Action: To appoint Barry Warner to the Civil Service Board for a four-year term ending July 15, 2007.
      Motion Edgerton, second Reviczky. The motion carried.

    4. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated June 25, 2003 (PDF File).

      Action: By consensus, to approve the City Council committee assignments as presented unless a Councilmember contacts City Manager Burrell to request a change and to direct City Manager Burrell to remove any committees that no longer are necessary.

  12. At 1:12 a.m., the order of the agenda was returned to consent calendar items 2(a), (d), and (k)

  13. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Dunbabin to discuss AB 1866 and its potential impact on Hermosa Beach properties.

      Councilmember Dunbabin spoke to her request.

      Action: Consensus was to agendize Councilmember Dunbabin's request.

    2. Request from City/School Committee members Sam Edgerton and Art Yoon to proposed to the School Board that no access to be school grounds be permitted from Valley Park Drive except for school service and emergency vehicles.

      Councilmember Edgerton spoke to his request.

      Action: To raise this issue at the City Council/School Board joint meeting.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

    3. Request from Councilmember Dunbabin to investigate doubling or tripling alcohol-related fines during the July 4th holiday as Newport Beach does.

      Action: To direct staff to report at the next meeting the details of Newport Beach's July 4th fine schedule for alcohol-related violations.
      Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

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 June 10, 2003.

  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.

    Existing Litigation: Government Code Section 54956.9(a)
    1. Name of Case: City of Hermosa Beach v. City of Redondo Beach
      Case Number: BS075570

  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    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

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 9, 2003, at the hour of 1:24 a.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 1:35 a.m. At the hour of 2:00 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 July 9, 2003, at the hour of 2:01 a.m. to the Regular Meeting of July 22, 2003, at the hour of 7:10 p.m.