City Council Minutes October 22, 2002

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, October 22, 2002, at the hour of 7:10 P.M.

PLEDGE OF ALLEGIANCE

Jean Lombardo

ROLL CALL

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

ANNOUNCEMENTS

Mayor Edgerton presented a proclamation to Hermosa Beach Woman's Club President Elaine Doerfling congratulating the Club for its well-attended 10th annual pancake breakfast, which grossed $3,837 this year, and commending the Club for its philanthropic contributions, noting donations last year of more than $20,000 to various local organizations.

Councilmember Yoon suggested that everyone contact the Los Angeles County Board of Supervisors to urge a vote on Tuesday, October 29, to retain the Level 1 Trauma Center at UCLA Harbor Hospital, which is facing closure.

Mayor Pro Tem Keegan reminded everyone to vote on November 5 and said on that day Manhattan Bread and Bagel would donate 10% of its gross sales to Valley School.

Councilmember Reviczky thanked Consolidated Disposal Services for providing trash cans and an additional dumpster at the last moment for the Woman's Club Pancake Breakfast and announced the Veteran's Day ceremony at the Hermosa Beach Veteran's Memorial at 5:30 PM on Monday, November 11.

Councilmember Dunbabin announced the City's annual Halloween Howl at the Clark Building on October 31 from 6 to 8PM.

Mayor Edgerton suggested hearing Public Hearing Item 5.c. first, due to the large number of people present to speak on the issue. Council consensus was to accept this suggestion.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Jim Lissner regarding converting diesel generators to alternate fuel.
    2. Letter from Jim Lissner regarding installation of conduit at Clark Field for future live broadcast of baseball games.
    3. Petition from Prospect Avenue residents requesting to 1) prohibit left turns at the southbound Prospect/Aviation signal during the hours of 4:00pm to 7:00pm; 2) re-time and reduce southbound Prospect/Aviation left turn signal "green" time by one-half; 3) prohibit/restrict northbound through traffic during morning, 7:00am to 9:00am, at 190th Street/Prospect intersection by signage requiring left or right turn only onto 190th, diverting cut-through traffic in the morning hours; and, 4) installation of speed humps or bumps on Prospect Avenue between Aviation and 8th Street on northbound and southbound lanes.

    Coming forward to address the Council at this time were:

    Jonathan Stanford
    - Hermosa Beach, urged the Council to stay with the Los Angeles County Library System (item 5.c.), noting that as a high school science teacher, he frequently accessed that system; said he would go the Manhattan Beach library if Hermosa Beach withdrew from the County;
    John Bowler
    - Hermosa Beach, said recent events made him inquire if a policy was still in force to not issue parking tickets if the driver returned while the ticket was being written (Mayor Edgerton confirmed the policy was still in force, and City Manager Burrell said that he would inform the parking staff);
    Javier Haas
    - Hermosa Beach, spoke in support of "Slow, Children at Play" signs on Hill Street and at the end of First Street (item 6.c.);
    Sue Horger
    - Hermosa Beach, expressed concern about motorized, gas-powered scooters driven on the Strand by adults as well as teenagers, noting that their use on the Strand was illegal; said a child had recently been hit by one (Councilmember Dunbabin suggested posting a sign stating that these scooters are illegal, and City Manager Burrell said staff would remind the rental companies and report back);
    Pete Tucker
    - Hermosa Beach, urged residents to vote for Joanne Edgerton for the Beach Cities Health District Board; reiterated the importance of maintaining UCLA Harbor Hospital, which provided the area's only trauma center (Councilmember Reviczky said keeping the hospital open was also important to prevent the emergency and hospital rooms of other local hospitals from becoming even more congested; Mayor Edgerton added that the closure of UCLA Harbor Hospital could mean the difference between life and death for car accident victims); and
    Al Valdes
    - Hermosa Beach, spoke in support of Joanne's Edgerton's candidacy as a Beach Cities Health District Board Member.

    Coming forward to speak on his two written communications was:

    Jim Lissner
    - Hermosa Beach, spoke to his letter requesting alternate fuel generators for filming and events on the beach, noting that he could provide rental information, and power sources at beach locations where events were held regularly; spoke to his letter requesting a conduit for televising Little League games (Council consensus was to direct staff to investigate the matter).

    Action: To receive and file the written communication from Prospect Avenue residents requesting traffic changes.
    Motion Yoon, second Dunbabin. The motion carried by unanimous vote.

  2. CONSENT CALENDAR:

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

    At 7:44 P.M., the order of the agenda was suspended to go to Public Hearing Item 5.c.

    1. Recommendation to approve minutes of the regular meeting of the City Council held on October 8, 2002.

      Action: To approve the minutes of the regular meeting of the City Council held on October 8, 2002, as presented.

    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 Tentative Future Agenda Items, as presented.

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

    5. Recommendation to adopt a resolution declaring intention to vacate and abandon for public purposes a portion of 5th Street between The Strand and Hermosa Avenue, as shown on the tract of Hermosa Beach as per map recorded in book 1, pages 25-26, in the office of the Los Angeles County Recorder. Memorandum from Public Works Director Harold Williams dated October 14, 2002 (PDF File).

      Action: To approve the staff recommendation and adopt Resolution No. 02-6232, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON, FOR PUBLIC PURPOSES, A PORTION OF FIFTH STREET, BETWEEN THE STRAND AND BEACH DRIVE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK IN 1, PAGES 25 AND 26, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER."

    6. Recommendation to receive and file the September 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 September 2002 financial reports, as presented.

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated October 14, 2002 (PDF File).

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

    8. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 1, 2002.

      Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 1, 2002.

    9. Recommendation to approve request from South Bay Family Health Care Center to hold their World Aids Day event at Pier Plaza on Sunday, December 1, 2002; approve fee waivers; and, approve event contract (PDF File). Memorandum from Community Resources Director Mary Rooney dated October 16, 2002 (PDF File).

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

      1. Approve the request from the South Bay Family Health Care Center to hold its World Aids Day event at Pier Plaza on Sunday, December 1, 2002;
      2. Approve fee waivers; and
      3. Approve the event contract.
    10. Recommendation to receive and file action minutes from the Planning Commission meeting of October 15, 2002.

      Action: To receive and file action minutes from the Planning Commission meeting of October 15, 2002.

    11. Recommendation to accept the work by Damon Construction Company for Project No. CIP 01-167 - Street Improvements-Concrete Repair at Various Locations; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Damon Construction Company (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Harold Williams dated October 15, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Accept the work by Damon Construction Company for Project No. CIP 01-167 - Street Improvements - Concrete Repair at Various Locations;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize staff to release payment to Damon Construction Company (10% retained for 35 days following filing of Notice of Completion).
    12. Recommendation to award the bid of theater draperies including 3 sets of legs, 1 mid-stage traveler, and 1 rear traveler to Black Sheep Enterprises for the amount of $6,556 and authorize staff to issue the appropriate purchase documents as required. Memorandum from Community Resources Director Mary Rooney dated October 10, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Award the bid of theater draperies including three sets of legs, one mid-stage traveler, and one rear traveler to Black Sheep Enterprises for the amount of $6,556; and
      2. Authorize staff to issue the appropriate purchase documents as required.
    13. Recommendation to award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 02-189 in the amount of $61,000; authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and, authorize the Director of Public Works to make changes to the agreement up to $6,100. Memorandum from Public Works Director Harold Williams dated October 1, 2002 (PDF File).

      This item was removed from the consent calendar by Mayor Pro Tem Keegan for separate discussion later in the meeting.

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

      Action: To approve the staff recommendation to:

      1. Award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 02-189, Street Improvement - Myrtle Area, in the amount of $61,000;
      2. Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make changes to the agreement up to $6,100;

      amended to include the section of Ozone Court between 24th Street and Loma Drive.
      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

    14. Recommendation to adopt resolution (PDF File) approving Final Map #26298 for a 3-unit condominium project at 421, 423 & 425 11th Street. Memorandum from Community Development Director Sol Blumenfeld dated October 15, 2002 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 02-6233, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26298 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 421, 423 AND 425 11TH STREET, HERMOSA BEACH, CALIFORNIA."

    15. Recommendation to adopt resolution (PDF File) approving Final Map #26380 for a 2-unit condominium project at 1216 & 1218 Loma Street. Memorandum from Community Development Director Sol Blumenfeld dated October 15, 2002 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 02-6234, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26380 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1216 AND 1218 LOMA DRIVE, HERMOSA BEACH, CALIFORNIA."

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 02-1223 (PDF File) - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING PERMITTED HOURS OF CONSTRUCTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 15, 2002 (PDF File)

      City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced at the meeting of October 8, 2002.

      Action: To waive full reading and adopt Ordinance No. 02-1223.
      Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote of Keegan.

  4. At 10:44P.M., the order of the agenda was returned to Item 6.a

  5. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(m) 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.

  6. PUBLIC HEARINGS

    1. ADOPTION OF THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE, UNIFORM HOUSING CODE, CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, AND THE CALIFORNIA ELECTRICAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated October 1, 2002 (PDF File).

      Community Development Director 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 10:20 P.M. Coming forward to address the Council on this item was

      Peter Tucker
      - Hermosa Beach, supported amending a portion of the Code regarding utility service, and suggested the installation of conduits for future undergrounding.

      The public hearing closed at 10: 21 P.M.

      Action: To approve the staff recommendation :

      1. To waive full reading and adopt Urgency Ordinance No. 02-1225U (PDF File), entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF."; and
      2. To adopt Resolution No. 02-6235 (PDF File), entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT EXISTING MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 02-1225 -U, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHIC CONDITIONS."

      Motion Reviczky, second Dunbabin. The motion carried by the following vote:

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

      Further Action: To direct staff to come back at a future meeting with a draft ordinance to allow the City Council the opportunity to review and reconsider the actions of the Board of Appeals, as is done with all other City boards and commissions.
      Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.

    2. AMENDMENT TO RESOLUTION 90-4522 (PDF File) AND CHAPTER 15.04 OF THE MUNICIPAL CODE UPDATING CITY OF HERMOSA BEACH VALUATIONS IN CONNECTION WITH BUILDING PERMIT AND PLAN CHECK FEES. Memorandum from Community Development Director Sol Blumenfeld dated October 22, 2002 (PDF File).

      Community Development Director Blumenfeld presented the staff report, and he and City Manager Burrell responded to Council questions.

      The public hearing opened at 10:30 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:30 P.M.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6236, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 90-5422 OF THE CITY OF HERMOSA BEACH RELATING TO THE SCHEDULE OF FEES FOR BUILDING VALUATION, BUILDING PERMITS AND BUILDING PLAN REVIEW FEES."
      Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.

      It was the consensus of the Council to tie the fees to the CPI in the future for annual adjustments.

    3. At 10:31 P.M., the order of the agenda was suspended to go to Consent Calendar Item 2(m), followed by Item 3.a

    4. CONSIDERATION OF LIBRARY SERVICES AND THE POSSIBLE WITHDRAWAL FROM THE LOS ANGELES COUNTY PUBLIC LIBRARY SYSTEM. Memorandum from City Manager Stephen Burrell dated October 17, 2002 (PDF File).

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

      The public hearing opened at 8:24 P.M.

      Coming forward to address the Council on this issue were:

      Terry Bindman
      - Hermosa Beach, supported staying with the County; said the real issue was having the City control the library's hours of operation versus having quick access to books through the County system, which was important to book clubs; noted a two to three week difference as well as the imposition of a fee at the Redondo Beach Library; said State budget cuts would put an independent library at risk as well;
      Lynn Olson
      - Hermosa Beach, supported staying with the County; did not see the need for change just to have the library open for an additional five hours a week; said her research indicated that popular books, and those needed by book club members, would not be available without access to the County system, which offers everything; said she would go to the Manhattan Beach library if Hermosa Beach withdrew from the County;
      Kelly Moonan
      - Hermosa Beach, supported staying with the County; said the availability of books was very important to her but that she spent very little time at the library; said the books she wanted were rarely in the Hermosa Beach library, so she simply ordered them online and then picked them up at the library;
      Laura Guneau
      - Hermosa Beach, supported staying with the County, saying the issue was hours of operation versus the excellent access to books with the County library system, which she thought was one of the best in the world; said the City would need professionals to run the library and thought the administrative costs would make it a high ticket item;
      Bill Malone
      - Hermosa Beach, Treasurer of Friends of the Library, supported withdrawal from the County system; said the hours of operation were very important for working people; said an independent contractor had been located who would run the library for $1 million less per year than the County costs;
      Rachel Bindman
      - library patron and professional, supported staying with the County, stressed that Internet usage is high and said the County provides good access which would be difficult and expensive for the city to duplicate; said access to current DVD's and videos at no charge would not be available; said the cooperation and sharing of knowledge is the philosophy of public libraries, and that the current system provides access to one of the top library systems in the country;
      Charlotte Malone
      - Hermosa Beach, member of the library subcommittee, supported withdrawal from the County system; cited problems such as the County's unresponsiveness to the library's needs and suggestions, and its threatened closure and cutting of hours and funds; noted that the Friends of the Library funded the periodicals; said better library administration would be obtained through local control;
      Shari Petresky
      - Hermosa Beach, former librarian in Redondo Beach and Hermosa Beach, supported leaving the County, spoke of library systems available in Los Angeles and said sharing was possible between independent libraries, so access to books would be comparable; said the issue was County control versus local control and thought the City would make better decisions about its own library;
      John Bowler
      - Hermosa Beach, supported leaving the County, said that the real issue was local control and that the County system was too large and did not give the City library as much attention as was needed; said the City Council must be responsive to what its citizens want, not what the County wants;
      John Horger
      - Hermosa Beach, supported staying with the County library system; said that accessing books online through the County system worked well even for people who were not computer literate;
      Al Valdes
      - Hermosa Beach, member of the Hermosa Beach library subcommittee, supported leaving the County; said that a survey conducted a couple of years ago showed that hours of operation were important to residents; said the periodicals and library computers had been donated by the Friends of the Library;
      Ron Schneider
      - Manhattan Beach, Hermosa Beach library manager for 15 years, urged the Council to stay with the County system; said all requests were handled with no charge, noting that one-third of the requested materials was for audio visual materials, which would be limited in an independent library;
      Neil Walker
      - Hermosa Beach, supported staying with the County; said the most important issue was good service, not control, and that he had heard nothing that would assure him that the service would be better; thought it would be more expensive and was a risky proposition that the City should not take on;
      Margie Enders
      - Hermosa Beach, supported staying with the County, said if the current arrangement is not broken, why fix it, and said she was a happy patron of the county system;
      Naoma Valdes
      - Hermosa Beach, supported leaving the County, said provisions had been made in the past which would make it easy and inexpensive for the City to buy back the building from the County; said even though the current arrangement may not be broken, it was breaking down under County management;
      Carol Brennan
      - Hermosa Beach, supported staying with the County; said that she had used the library for years and was afraid of losing all of the wonderful services now available; said the excellent staff who worked there were like a family to her and were very responsive to citizens' needs;
      Sue Horger
      - Hermosa Beach, supported staying with County, said that she was a prolific reader who used the internet and ordered more than 200 books a year; said that as a soon-to-be retiree, she would not want to pay fees for interlibrary loans;
      Cathy Sheer
      - Hermosa Beach, expressed concern about withdrawing from the County system; said she loved the small library and the fact that she could access any book, CD, audio or video tape within a couple of days; complimented the Hermosa Beach library staff, noting that she occasionally used the Torrance and Redondo Beach libraries and if something was not available, they simply apologized but did not mention any interlibrary loan arrangement;
      Fred Huebscher
      - Hermosa Beach, expressed concern about withdrawing from the County system; said audio/visual materials would be greatly limited in an independent library; said cities that have their own library system had much more money than Hermosa Beach; said the City has never contributed to the Library to pay for extended hours;
      Julie Cameron
      - Hermosa Beach, expressed concern about withdrawing from the County system; spoke of the availability of audio/video; said internet access was important; wondered about the possibility of using volunteers at the Library; and,
      John Hales
      - Hermosa Beach, spoke in support of staying with the County system; said he was a long-time supporter of the library and a charter member of the Friends of the Library but wondered if running an independent library might be too difficult and costly for a city as small as Hermosa Beach, noting that other cities with their own libraries, such as Redondo Beach and Torrance, were much larger than Hermosa Beach; said also that other City services might have a priority over the operation of the library.

      The public hearing closed at 9:23 P.M.

      Action: To continue the public hearing to November 26, with direction to staff to continue gathering information and return with answers to the questions raised this evening.
      Motion Reviczky, second Dunbabin. The motion carried, noting the dissenting vote of Keegan.

  7. The meeting recessed at 9:53 P.M.
    The meeting reconvened at 10:13 P.M., at which time the order of the agenda returned to Item 5(a).

  8. MUNICIPAL MATTERS

    1. REPORT ON THE CURRENT STATUS OF THE TAXI VOUCHER PROGRAM IN THE CITY OF HERMOSA BEACH. Memorandum from Police Chief Michael Lavin dated October 10, 2002 (PDF File).

      Police Chief Lavin presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Approve the continuation of the Taxi Voucher Program; and
      2. Modify the program by:
        1. Eliminating the satellite locations and establishing physical boundaries for eligible trips; and
        2. Eliminating the flat rate fare charged to the City of $14 and paying the actual meter rate of the trip.

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

    2. PROPOSED TAXI ZONE CHANGE - HERMOSA AVENUE AT PIER AVENUE SOUTH APPROACH TO PIER AVENUE. Memorandum from Public Works Director Harold Williams dated October 14, 2002 (PDF File).

      Public Works Director Williams presented the staff report and responded to Council questions. Chief Lavin confirmed that the Police Department agreed with the staff recommendation and also responded to Council questions.

      Action: To:

      1. Approve the relocation of the Taxi Zone in the center median at the south approach of Pier Avenue to the west side of Hermosa Avenue north of 11th Street, as recommended by staff;
      2. Delay a decision on converting the median parking area to landscaping with irrigation, and instead paint it red at this time; and
      3. Direct staff to change the parking configuration on 11th Street from parallel to perpendicular.

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

    3. REQUEST FOR INSTALLATION OF "SLOW, CHILDREN AT PLAY" SIGNS ON HILL STREET AND 1ST STREET. Memorandum from Public Works Director Harold Williams dated October 3, 2002 (PDF File).

      Public Works Director Williams presented the staff report and he and City Attorney Jenkins responded to Council questions.

      Proposed Action: To install the proposed signs.
      Motion Yoon, second Mayor Edgerton. The motion failed due to the dissenting votes of Dunbabin, Reviczky, and Keegan.

    4. RESOLUTION (PDF File) REVISING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated October 7, 2002 (PDF File).

      City Clerk Doerfling presented the report and responded to Council questions.

      Action: To approve the Clerk's recommendation to adopt Resolution No. 02-6237, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 00-6104, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD/COMMISSION MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER."
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    5. DISCUSSION OF DOWNTOWN PARKING AND ZONING ISSUES IN CONNECTION WITH EXPIRATION OF THE RESTAURANT MORATORIUM ORDINANCE. Memorandum from Community Development Director Sol Blumenfeld dated October 16, 2002 (PDF File).

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

      Action: To direct staff to prepare an ordinance for Council consideration at a future meeting that would implement the following measures:

      1. Increase the parking ratio requirement for restaurant use;
      2. Decrease the parking ratio requirement for retail use; and
      3. Set a new retail base line for the required parking calculation for all existing downtown uses.

      Motion Reviczky, second Mayor Edgerton. The motion carried, noting the dissenting vote of Dunbabin.

      Proposed Action: To include the construction of a new parking structure to accommodate downtown parking demand.
      Motion Yoon, second Mayor Edgerton. The motion failed due to the dissenting votes of Reviczky, Dunbabin, and Keegan

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. NEWSRACK ORDINANCE UPDATE. Memorandum from City Manager Stephen Burrell dated October 17, 2002 (PDF File).

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

      Action: To receive and file the update, as recommended by staff.
      Motion Yoon, second Dunbabin. The motion carried by a unanimous vote.

    2. PROPOSED JOINT CITY COUNCIL AND COMMISSIONS MEETING SCHEDULE. Memorandum from City Manager Stephen Burrell dated October 17, 2002 (PDF File).

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

      Action: By Council consensus, this item was continued to the next meeting of November 12.

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS
      EXPIRATION OF TERMS - APPOINT PUBLIC WORKS COMMISSIONERS.
      Memorandum from City Clerk Elaine Doerfling dated October 16, 2001 (PDF File).

      RECOMMENDATION: To appoint from among the applicants interviewed earlier this evening to fill two expiring terms on the Public Works Commission.

      Action: To appoint Victor Winneck to the Public Works Commission for a four-year term expiring October 31, 2006.
      Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.

      Action: To appoint Robert Beste to the Public Works Commission for a four-year term expiring October 31, 2006.
      Motion Yoon, second Mayor Edgerton. The motion carried by a unanimous vote.

  11. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Reviczky that the policy concerning work in the public right-of-way be clarified to state that a property owner installing a sidewalk which continues the existing sidewalk be constructed to meet City standards.

      Councilmember Reviczky spoke to his request. City Manager Burrell responded to Council questions.

      Action: To agendize the issue.
      Motion Reviczky, second Mayor Edgerton.

    2. Request from Councilmember Reviczky that the City Council direct the Parks, Recreation and Community Resources Advisory Commission to work with community based groups to develop a quarterly Greenbelt litter pick-up program.

      Councilmember Reviczky spoke to his request.

      Action: To agendize the issue.
      Motion Reviczky, second Mayor Edgerton.

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

City Attorney Jenkins requested that two items be added to the Closed Session agenda.

Action: To add to the closed session two Amicus briefs as requested by the City Attorney based on the findings that the issues arose after the posting of the agenda and required immediate action.
Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.

  1. MINUTES:

    Approval of minutes of Closed Session meeting held on September 24, 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.

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

    Anticipated Litigation: Government Code Section 54956.9(b)
    1. Number of potential cases: 1

    Amicus Briefs:
    1. Name of Case: Southern California Gas Company v. City of Santa Ana

    2. Name of Case: Barden v. City of Sacramento

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 22, 2002, at the hour of 11:56 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 12:05 P.M. At the hour of 12:42 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 on Tuesday, October 22, 2002, at the hour of 12:43 P.M. to the Regular Meeting on Tuesday, November 12, 2002, at the hour of 7:10 P.M.