City Council Minutes November 12, 2002

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 12, 2002, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE

Cub Scout Pack 860 Webelos Color Guard

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Yoon announced the election results of Measure J, the Hermosa Beach school bond measure, which passed with about 65 percent of the vote, and said it appeared unofficially, with most of the ballots counted, that Joanne Edgerton had been elected to the Beach Cities Health District Board of Directors.

Mayor Edgerton announced that Councilmember Dunbabin had been honored as Woman of the Year at the Chamber of Commerce luncheon November 8, 2002, and offered his congratulations.

Councilmember Dunbabin announced the members-only Friends of the Library book sale on Wednesday, November 13, from 6 to 7:30 PM at 1309 Bard Street (the City building across from the Police Department), and said the public sale would take place at the same location on Saturday, November 16, from 9:30 A.M. to 12:30 P.M. She noted that memberships could be purchased at the sale on Wednesday.

Councilmember Reviczky commented on yesterday's large turnout for the Veteran's Day ceremony at the City's Veterans' Memorial, noting the wonderful comments by Mayor Edgerton and by Lt. Col. Lasser of the California National Guard who was representing the Governor. He said at the ceremony, the American Legion announced that they had available, for those with family members serving in the military, Blue Star banners, a tradition dating back to World War II. He mentioned that his stepson had just enlisted in the U.S. Navy.

Councilmember Dunbabin said at the Veterans' ceremony Gary and Barbara Clark, whose son Casey Clark was serving in the U.S. Navy, were presented with one of the Blue Star banners to hang in their window.

Mayor Edgerton thanked everyone who voted for Measure J, and commended those who worked so diligently for the cause, adding that he would like those 20 or so volunteers to be recognized at the next Council meeting. He also commended the Police Department for their fine handling of the missing cockatoo case that restored a beloved pet to a grateful owner.

CLOSED SESSION REPORT FOR MEETING OF OCTOBER 22, 2002: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    Coming forward to address the Council at this time were:

    Sandy Orhbach
    - owner of High Five Boutique in Hermosa Beach, announced the Beach Cities Toy Drive fashion show fundraiser on Sunday, November 16, at 6 P.M. at Sangria, with admission of $10 or a toy, noting that local businesses had donated prizes; said reservations would be taken for groups of six or more, and that the toys would be donated to needy children; and
    Mike Lacey
    - owner of the Comedy & Magic Club in Hermosa Beach, asked the Council for assistance with a situation associated with his remodeling project; described loss of funds and customers due to problems that he attributed to mistakes by the City.

    Action: To establish a Council subcommittee to investigate the Comedy & Magic Club issue and appoint Mayor Edgerton and Councilmember Yoon as its members.
    Motion Dunbabin, second Keegan. The motion carried by a unanimous vote.

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

    Pete Tucker
    - Hermosa Beach, praised last night's Veteran's Day ceremony and thanked the City, Steve Crecy, Mike Flaherty and everyone else involved; requested that the Council consider waiving street sweeping tickets from Christmas Eve to the first of the year since guests of residents often don't see the signs.
    Gary Shandling
    - said he was performing that evening at the Comedy and Magic Club; spoke in support of the club and said the club meant a lot to the numerous other comedians who perform there, including Jerry Seinfeld and Jay Leno.
    1. Petition from residents of the 1100 and 1200 block of Ninth Street requesting a speed bump.

      Coming forward to address this written communication was:

      Cindy Hellman
      - Hermosa Beach, spoke to the petition submitted requesting speed humps on Ninth Street, stating that almost 30 children lived in the area, most of them 10 years old and under, who were in danger from speeding vehicles on this street which linked Hermosa Beach to Redondo Beach.

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

      Proposed Action: To refer the issue to the Public Works Commission for a review and recommendation to the Council.
      Motion Yoon, second Mayor Edgerton. The motion was subsequently withdrawn.

      Council consensus was to direct staff to place the speed board in this area to count cars and measure their speed.

    2. Letter from Roger Bacon requesting the placement of a banner over Ardmore on Pier Avenue for the Grand Opening of the Ralph's Fresh Fare with proceeds to go to the Hermosa Beach Education Foundation.

      Coming forward to address this written communication were:

      Roger Bacon
      - owner of Ralph's Shopping Center, thanked the City for replacing the Greenwood Park drinking fountain, which now provided water for people and dogs; discussed his letter requesting that a commercial banner announcing the opening of Ralph's Fresh Fare be placed at Pier Avenue/Valley Drive with the proceeds of $2,500 going to the Hermosa Beach Education Foundation; invited everyone to the grand opening event on November 15 at 8 A.M., noting that the president of Ralph's would attend and there would be free Starbuck's coffee;
      Joe Martinez
      - manager of the new Ralph's Fresh Fare, described the Fresh Fare concept as an atmosphere between a regular market and an upscale specialty market; said he came from the Palos Verdes Peninsula store five weeks ago and had previous experience in Santa Monica and Pacific Palisades; and
      Jennifer Alvarado
      - Hermosa Beach, president of Hermosa Beach Education Foundation, said the banner program has provided needed funds to the schools since it began; discussed the STAR program (Science, Theater, Arts, Recreation), which would be funded at the middle school level with the assistance of the funds from this banner.

      City Manager Burrell responded to Council questions, noting that the requested banner location was currently used only to announce non-profit community events, while the other two locations were designated for commercial banners. City Attorney Jenkins also responded to Council questions, noting that the banner program would need to be amended to allow a commercial banner at the requested location and suggested calling a special meeting between now and the store opening on Friday.

      Action: To allow installation of the Ralph's banner at the requested location and direct staff to bring the banner program back for amendment to add the Pier Avenue/Valley Drive location to the commercial banner program.
      Motion Mayor Edgerton, second Yoon. The motion carried, noting the dissenting votes of Reviczky and Dunbabin.

      Action: To schedule a special Council meeting on Thursday, November 14, at 6:30 P.M. in the Council Chambers, to discuss amending the City's commercial banner program.
      Motion Keegan, second Yoon. The motion carried.

  2. CONSENT CALENDAR:

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

    1. Recommendation to approve the following minutes:

      1. Minutes of the Adjourned Regular meeting held on October 22, 2002;
      2. Minutes of the Regular meeting held on October 22, 2002.

      Action: To approve the City Council minutes of the Adjourned Regular meeting of October 22, 2002, and the Regular meeting of October 22, 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 the tentative future agenda.

    4. Recommendation to receive and file the action minutes of the Public Works Commission meeting of October 16, 2002.

      Action: To receive and file the action minutes of the October 16, 2002 Public Works Commission meeting, as presented.

    5. Recommendation to approve the plans, specifications, estimates, order the work and call for bids on Project No. CIP 00-410-Loma Area Sewer Improvements and Project No. CIP 00-192- Loma Area Street Improvements; and, instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Memorandum from Public Works Director Harold Williams dated October 22, 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 responded to Council questions, noting the start of the project at the first of the year 2003 and an approximate 12 to 14 week construction time.

      Action: To approve the staff recommendation to:

      1. Approve the plans, specifications, and estimates, order the work and call for bids on Project No. CIP 00-410 - Loma Area Sewer Improvements and Project No. CIP 00-192 - Loma Area Street Improvements; and
      2. Instruct the City Clerk to post notice inviting sealed bids for said project.

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

    6. Recommendation to approve the plans, specifications, estimates, order the work and call for bids on Project No. CIP 00-411-Sewer and Street Improvements-Target Area 1; and, instruct the City Clerk to post Notice Inviting Sealed Bids for said project Memorandum from Public Works Director Harold Williams dated October 22, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve the plans, specifications, and estimates, order the work and call for bids on Project No. CIP 00-411-Sewer and Street Improvements - Target Area 1; and
      2. Instruct the City Clerk to post Notice Inviting Sealed Bids for said project.
    7. Recommendation to award a construction contract for Project No. CIP 01-159-Street Improvements - Hillcrest Drive & Rhodes Street from 18th Street to 21st Street and 18th Street from Pacific Coast Highway to Prospect Avenue to Sialic Contractors Corporation dba Shawnan of Downey, California in the amount of $323,323.00; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes as necessary within the contingency of $33,000.00 Memorandum from Public Works Director Harold Williams dated October 22, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Award a construction contract for Project No. CIP 01-159-Street Improvements - Hillcrest Drive & Rhodes Street from 18th Street to 21st Street and 18th Street from Pacific Coast Highway to Prospect Avenue to Sialic Contractors Corporation dba Shawnan of Downey, California in the amount of $323,323;
      2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $33,000.
    8. Recommendation to accept a $100 donation from South Bay BMW to be used for the Halloween Howl event; a $1,000 donation from Hawthorne Savings to be used for the Halloween Howl and the Tree Lighting events; and, a $450 donation from the Woman's Club of Hermosa Beach to be used for the Halloween Howl, Tree Lighting and Sand Snowman events Memorandum from Finance Director Viki Copeland dated October 28, 2002 (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 following donations to the City:

      1. $100 from South Bay BMW for the Halloween Howl event;
      2. $1,000 from Hawthorne Savings for the Halloween Howl and Tree Lighting events; and
      3. $450 from the Woman's Club of Hermosa Beach for the Halloween Howl, Tree Lighting and Sand Snowman events.

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

    9. Recommendation to authorize the purchase of one (1) new Ford Explorer SUV for the Fire Department from Midway Ford Sales of Los Angeles, California in the amount of $ 26,752.91 (includes sales tax) Memorandum from Fire Chief Russell Tingley (PDF File).

      Action: To authorize the purchase of one new Ford Explorer SUV for the Fire Department from Midway Ford Sales of Los Angeles, California in the amount of $ 26,752.91 (includes sales tax), as recommended by staff.

    10. Recommendation to award bid to resurface two (2) basketball courts at Clark Stadium to California Surfacing of Claremont, California, in the amount of $7,295.00 and authorize the Director of Public Works to make minor changes as necessary Memorandum from Public Works Director Harold Williams dated October 30, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Award the bid to resurface two basketball courts at Clark Stadium to California Surfacing of Claremont, California, in the amount of $7,295; and
      2. Authorize the Director of Public Works to make minor changes as necessary.
    11. Recommendation to award bid for purchase of city truck to Community Resources, including specifications, to Sunrise Ford for the amount of $23,076.73 Memorandum from Community Resources Department dated November 12, 2002 (PDF File).

      Action: To award the bid for purchase of a city truck for Community Resources, including specifications, to Sunrise Ford for the amount of $23,076.73, as recommended by staff.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2 (e) and (h) were heard at this time but are shown in order for clarity.

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

  5. PUBLIC HEARINGS

    NONE

  6. MUNICIPAL MATTERS

    1. DRAFT TEXT AMENDMENT AMENDING SECTION 17.50.080 AND 17.50.040 OF THE SIGN ORDINANCE AND CHAPTER 12,16 OF THE MUNICIPAL CODE TO ALLOW SIDEWALK SIGNS Memorandum from Community Development Director Sol Blumenfeld dated October 2, 2002 (PDF File)

      Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions, noting the potential liability to the City for dangerous conditions on public property, and said he would be bringing back an ordinance next month regarding limiting the locations of newsracks.

      Action: To reject a draft text amendment to the Municipal Code that would have allowed sidewalk signs and, instead, continue to prohibit sidewalk signs and enforce the current sign codes to the fullest.
      Motion Keegan, second Dunbabin. The motion carried, noting the dissenting vote of Mayor Edgerton.

    2. MODIFICATION OF POLICY CONCERNING WORK IN THE PUBLIC RIGHT-OF-WAY - SIDEWALKS Memorandum from City Manager Stephen Burrell dated October 29, 2002 (PDF File)

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

      Action: To refer this issue to the Public Works Commission to develop standards for improvements in the public right-of-way.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    3. At 8:58 P.M., the order of the agenda was suspended to go to Item 7.b.

    4. 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 28, 2002 (PDF File)

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

      Action: To direct staff to prepare a text amendment to the Zoning Code reflecting the following implementation measures in the downtown area and refer the matter to the Planning Commission for consideration:

      1. Eliminate the change-of-use parking credits currently allowed for restaurants and retail for projects of 5,000 square feet and below; and
      2. Decrease the parking space requirement for a retail business from four parking spaces to three parking spaces per 1000 square feet.

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

      Action: To direct staff to verify that $12,500 per parking space is currently accurate for the in-lieu fee.
      Motion Reviczky, second Dunbabin. The motion carried with a unanimous vote.

    5. At 10:35 P.M., the order of the agenda was returned to Item 7.a.

    6. DOWNTOWN GATEWAY SIGN PIER AVENUE AND PACIFIC COAST HIGHWAY Memorandum from Community Development Director Sol Blumenfeld dated October 28, 2002 (PDF File)

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

      Action: To direct staff to proceed with implementing the proposed gateway signs and refer the matter to the Public Works Commission for development of a standard design and cost estimate, as recommended by staff, with further direction to look at the Community Center sign at the same time.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

  7. The meeting recessed at 9:17 P.M.
    The meeting reconvened at 9:35 P.M., at which time the order of the agenda was suspended to go to Item 6.c.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. PROPOSED JOINT CITY COUNCIL AND COMMISSIONS MEETING SCHEDULE Memorandum from City Manager Stephen Burrell dated October 17, 2002 (PDF File). (Continued from meeting of October 22, 2002)

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

      Action: The Council consensus was to continue to the next meeting and direct staff to prepare the meeting calendar using Monday dates for the joint meetings.

    2. SPECIAL MEETING - ECONOMIC DEVELOPMENT REVIEW COMMITTEE PROMOTION Memorandum from City Manager Stephen Burrell dated November 4, 2002 (PDF File)

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

      Action: To schedule a special meeting for Monday, December 9, 2002, at 7:00 P.M. in the Council Chambers to consider the proposal initially proposed by the Economic Development Review Committee and discuss the role and efforts of the Chamber of Commerce in working on this promotion project.
      Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.

  9. At 9:00 P.M., the order of the agenda was suspended to go to Item 6.d.

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  11. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Yoon that the City Council approve use of City facilities and staff time for LEADERSHIP HERMOSA PROGRAM.

      Councilmember Yoon spoke to his request.

      Action: To approve the use of City facilities and staff time for the Leadership Hermosa Program, as requested by Councilmember Yoon.
      Motion Yoon, second Mayor Edgerton. The motion carried by a unanimous vote.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 12, 2002, at the hour of 10:38 P.M. to the Regular Meeting on Tuesday, November 26, 2002, at the hour of 7:10 P.M.