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City Council Minutes July 22, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, July 22, 2003, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Roger Bacon
ROLL CALL
Present: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Mayor Keegan said that the July 20 Chantays Sunset Concert on the Beach was well attended and enjoyed by all. He invited everyone to the 10 a.m., 11:30 a.m., and 1 p.m. performances of "Grandpa Jack's Basement" at the Last Saturday Puppet Show on July 26 at the Community Center.
Councilmember Dunbabin announced a program on Tuesday, July 29, at 7:00 p.m. at the Clark Building provided by the Keep Safe Coalition to help Seniors avoid financial exploitation, with monthly topics tentatively planned. She said the official opening ceremony for Valley Park would be on Saturday, August 2, at 11 a.m. and that Shakespeare in the Park would return to Valley Park on Thursday August 7 (Twelfth Night) and Friday, August 8 (Romeo and Juliet). She mentioned an article in an Orange County newspaper praising their beaches, noting that they do not have the pristine sand and white capped waves of Hermosa Beach.
PROCLAMATIONS
PARKS & RECREATION MONTH
JULY 2003
Mayor Keegan proclaimed July 2003 as "Parks & Recreation Month" in Hermosa Beach and urged all residents to enjoy and recognize the benefits derived from the recreation programs, which provide something of value to everyone.
Parks, Recreation and Community Resources Advisory Commissioner Howard Fishman accepted the proclamation and expressed appreciation for the recognition, and reminded residents of the exciting classes available and the City's beautiful parks, including the newly renovated Valley Park that would officially re-open on Saturday, August 2 at 11 a.m.
CLOSED SESSION REPORT FOR MEETING OF JULY 8, 2003:
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
- Carlene Bessy
- - Hermosa Beach, said she hoped that the City would work closely with Redondo Beach on its development in the Harbor area; said the project could benefit Hermosa Beach economically;
- Gene Shook
- - owner of the Hermosa Beach Pavilion, said demolition began June 11 and that they were ahead of schedule on the development, noting that he anticipated completion of the project in June 2004;
- Pete Tucker
- - Hermosa Beach, urged the Council to attend the Beach Cities Health District meeting Wednesday, July 30, for the discussion of paramedic funding; distributed a form listing the levels of donations for the Tim Kelly statue; said tax-deductible checks should be made payable to the LACOLA Trust Fund, noting that donors giving any amount will receive a lapel pin depicting the statue and any extra funds collected would go into a scholarship fund for the Junior Life Guard Program; and
- Roger Bacon
- - Ralph's Shopping Center, showed a Longboard magazine article and photos on Hermosa Beach's Surfers' Walk of Fame that proclaimed Hermosa Beach as the original Surf City; said the plaques for Eddie Talbot and Phil Becker would be dedicated at a ceremony on the pier on Saturday, July 26.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: (e) Reviczky.
Motion Yoon, second Reviczky. The motion carried by a unanimous vote.
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Recommendation to approve minutes of the Adjourned Regular meeting of the City Council held on July 8, 2003.
Action: To approve as presented the minutes of the Adjourned Regular City Council meeting of July 8, 2003.
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Recommendation to ratify check register.
Action: To ratify the check register, as presented.
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Recommendation to receive and file Tentative Future Agenda Items (PDF File).
Action: To receive and file the tentative future agenda items, as presented.
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Recommendation to receive and file the June 2003 financial reports:
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Revenue and expenditure report (PDF File);
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City Treasurer's report (PDF File); and,
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Investment report (PDF File).
Action: To receive and file the June 2003 Financial Reports, as presented.
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Recommendation to accept a donation of $350 from the Hermosa Beach Kiwanis Foundation (Craig Casner Donation) to be used for Veterans Memorial maintenance and an anonymous donation of $100 to be used for the Community Picnic in the Outfield. Memorandum from Finance Director Viki Copeland dated July 9, 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 following donations to the City for the use noted:
- $350 - Hermosa Beach Kiwanis Foundation (Craig Casner donation) - for Hermosa Beach Veteran's Memorial maintenance
- $100 - Anonymous donor - for the Community Picnic in the Outfield.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated July 14, 2003.
Action: To receive and file the report giving the status of capital improvement projects that are either under design or construction.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of July 15, 2003.
Action: To receive and file the action minutes of the Planning Commission meeting of July 15, 2003, as presented.
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(e) 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.
At 7:28 p.m., the order of the agenda was suspended to go to item 7(a).
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PUBLIC HEARINGS
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TEXT AMENDMENT TO ALLOW LARGE FAMILY DAY CARE FACILITIES WITHOUT A CONDITIONAL USE PERMIT IN THE RESIDENTIAL ZONE CONSISTENT WITH SECTIONS 1597.44-1597.465 OF THE HEALTH AND SAFETY CODE. Memorandum from Community Development Director Sol Blumenfeld dated July 14, 2003 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
The public hearing opened at 7:43 p.m. Coming forward to address the Council on this item was:
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Randy King
- - attorney representing a public interest law firm, said that he had been doing pro bono work with day care providers for five years, notifying cities whose ordinances did not comply with State law so that day care permits could be issued more easily; said that there was an acute shortage of day care centers.
The public hearing ended at 7:46 p.m.
At Council's request, City Attorney Jenkins amended the proposed ordinance by providing the following language on Page 3, D-1, Procedures for Review, Paragraph 1: Application shall indicate that the applicant is in possession of a State license for a prerequisite for applying to the City.
Action: To approve the staff recommendation to waive first reading and introduce, as amended, Ordinance No. 03-1231, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE REGULATION OF DAY CARE HOMES IN THE CITY."
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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A PROPOSAL FOR A BALLOT MEASURE TO INCREASE THE BUSINESS LICENSE TAX. (Continued from meeting of July 8, 2003). Memorandum from City Manager Stephen Burrell dated July 17, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:09 p.m. Coming forward to address the Council on this item were:
- Jack Janken
- Hermosa Beach, questioned what the funds received from this proposed increase would be used for, expressing concern that the money would be for increases to some high level City employee' salaries which he thought were too high already; said the City should take austerity measures as the Federal, State, and County governments are doing;
- Carla Merriman
- Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, requested that the City reduce expenses in the budget before placing any tax increases on the ballot, noting that businesses have been forced to lay off employees, increase prices, and cut expenses because of the economy; said businesses contribute to the City's economic health by providing sales tax, parking fees and property tax, and would be greatly impacted if the business license tax was calculated by gross receipts; said the Chamber was willing to offer experts to assist in an examination of the City budget;
- Ron Newman
- Aloha Sharkeez, said restaurant and bars seemed to be targets because the City believed they used a lot of services, but if they were to close earlier, there would be less sales tax and less parking fees; said unlike retail, restaurants and bars have the burden of Health Department regulations and their small profit margin demands a huge volume; understood that an increase might be necessary, but said businesses would be more supportive if the City were cutting expenses;
- Donley Falkenstien
- Hermosa Beach, suggested that there were too many police officers at Pier Plaza and felt it would be more economical to have the businesses who use the police services regularly pay for these services or provide their own security to handle the problems;
- Randy Fortunato
- Bottle Inn, said since September 11, 2001, all businesses have been struggling; said a large business did not always mean large profit because the expenses are large also; said all costs have increased and profit has decreased; said he needed to sell $5,000 monthly in food just to pay for his patio lease; said if the proposed increase was approved, there would be no increased benefit to his business and he might have to lay off employees; urged the Council not to put this increase on the ballot;
- Steve Roberts
- Caf矂ugaloo, asked if the Council was aware of what a restaurant nets monthly, noting that the figures were available from the California and the National Restaurant Associations; said restaurants are losing money because of the economy and being forced to lay off employees, and that this was not the time to raise taxes;
- Andrew Basanya
- California Restaurant Association, said for the first time in 25 years, there had been a decline in the industry; said restaurants have additional overhead that retail does not, such as a liquor license or health fee, and that tips go into the gross receipts; said the business community would better support the increase if they knew where the additional funds were going; suggested that everyone sit down at the table together and work this out because the businesses want to stay in the City;
- Roger Bacon
- Ralph's Shopping Center, asked how supermarkets would be affected by this increase, noting that he had been struggling along with other shopping centers with tenants going bankrupt and paying no rent and vacancies; said this was a recession and all businesses, small and large, are faced with the same problems; said this was not a good time to raise taxes; offered to help in anyway he could to keep the businesses in town;
- Nancy Caldwell
- Caf矂ugaloo, agreed with all the previous speakers; said for eight or nine years Hermosa Avenue was mostly boarded-up buildings until a lot of brave people developed businesses; said the City should support the business owners;
- John Bowler
- Hermosa Beach, said that having been on the Council and a restaurant owner, he understood both sides of the issue; said cities are facing a true crisis because of State financial problems; suggested that if fees are increased, the situation be re-evaluated in two to four years and that fees be reduced when the crisis passes; and
- Pete Tucker
- Hermosa Beach, suggested that instead of a sudden, steep increase, there be a gradual increase with a sunset clause so that businesses could plan ahead; said that marginal businesses would leave the City and then there would be no revenue from them; said businesses need to know how funds raised by increased taxes will be spent.
The public hearing ended at 8:40 p.m.
Action: To accept staff recommendation except, for restaurants only, to charge $1.60 per $1,000 of gross receipts, effective July 1, 2004.
Motion Mayor Keegan, second Reviczky. The motion, which required a 4/5 vote, failed, noting the dissenting votes of Dunbabin and Edgerton.
The meeting recessed at 9:20 p.m.
The meeting reconvened at 9:35 p.m.
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MUNICIPAL MATTERS
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LETTER FROM GARY & BEVERLY GURLING REGARDING ALLOWING LIVE BANDS AND PART OF BLOCK PARTIES. Memorandum from City Manager Stephen Burrell dated July 17, 2003 (PDF File).
City Manager Burrell, Police Chief Lavin, and City Attorney Jenkins responded to Council questions.
Coming forward to address the Council on this item was:
- Beverly Gurling
- - Hermosa Beach, discussed her letter objecting to live bands at block parties
Action: To direct staff to bring back changes to the Block Party rules which state that:
- Noticing shall include the block on either side of the block holding the party;
- Properties may be limited to a certain number of permits per year;
- A live band may play only until 10:00 p.m.; and
- Barricades must be moved immediately at the end of the party.
and to agendize a discussion of regulations of parties on private property.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
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REVIEW OF REQUIREMENTS FOR TEMPORARY BUSINESS SIGNS. Memorandum from Community Development Director Sol Blumenfeld (PDF File).
Community Development Blumenfeld presented the staff report, responded to Council questions, and presented photographs showing violations and sign handbooks that were handed out to new business.
Coming forward to address the Council on this item were:
- Roger Bacon
- - Ralph's Shopping Center, spoke to his letter asking for revisions to the requirements for temporary business signs and requested that new business owners be given sign information;
- Helen Riverez
- - Hermosa Beach, opposed changes to the requirements, saying that the fee was minimal and that often these signs are blight; and
- Donley Falkenstien
- - Hermosa Beach, said any helium-filled balloons used should be weighted down because metallic balloons caused problems with power lines and latex balloons often popped over the ocean where marine life died when they swallowed them.
Action: To receive and file the report, as recommended by staff.
Motion Dunbabin, second Yoon. The motion carried, noting the dissenting vote of Councilmember Edgerton.
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RESOLUTIONS TO PLACE ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 4, 2003 A MEASURE TO ALLOW A MILITARY VETERANS PREFERENCE IN THE SCORING OF EMPLOYMENT EXAMS AND AN ADVISORY MEASURE RELATING TO THE CONSTRUCTION OF A BIKEPATH ON THE BEACH. Memorandums from City Clerk Elaine Doerfling and City Manage Stephen Burrell dated July 17, 2003 (PDF File). Supplemental ordinance from City Attorney Jenkins received July 22, 2003.
City Clerk Doerfling presented the report and responded to Council questions. City Manager Burrell also responded to Council questions.
Coming forward to address the Council on this item were:
- Steve Crecy
- - Hermosa Beach, thanked the Council for following through on this issue; preferred the word credit instead of preference; felt it was appropriate to place this matter before voters for public acknowledgement of veterans' contributions;
- Dean Bougenhagin
- - Post Commander of the Torrance VFW, said this concept had started with California Senate Bill 36 in July 1999; thanked the Council for considering putting this measure on the ballot; hoped that the voters would approve it;
- Jerry Yamamoto
- - Vietnam Veterans Association, South Bay Chapter No. 53, thanked the Council for considering this measure; said that this would benefit all generations of veterans for equity in returning to the work force; and
- John Bowler
- - Hermosa Beach, said he had been on the Council when this issue was first raised and was pleased the verbiage had been changed and was being placed before the voters; said he believed veterans deserved this credit to repay the debt of honor based on sacrifices to their careers and hardships to their families; said veterans were valuable to employers for skills, responsibility, and teamwork learned in the military.
Action: To approve the amended ordinance presented by City Attorney Jenkins.
Motion Reviczky, second Mayor Keegan. The motion carried, noting the dissenting vote of Yoon.
Action: To change the wording in the resolution to be consistent with the revised ordinance.
Motion Edgerton, second Mayor Keegan. The motion carried, noting the dissenting vote of Yoon.
Action: To approve the order and amended wording of the Veterans' Credit ballot measure question and adopt Resolution No. 03-6283, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2003, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED QUESTION RELATING TO AMENDING THE CITY'S CIVIL SERVICE ORDINANCE TO ALLOW FOR A CREDIT IN EMPLOYMENT FOR MILITARY VETERANS."
Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Yoon.
Action: To approve the order and wording of the an advisory measure relating to the construction of a separate bike path on the beach and adopt Resolution No. 03-6284, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2003, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED QUESTION RELATING AN ADVISORY MEASURE RELATING TO THE CONSTRUCTION OF A SEPARATE BIKE PATH ON THE BEACH."
Motion Reviczky, second Keegan. The motion carried, noting the dissenting votes of Edgerton and Yoon.
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RESOLUTIONS TO REQUEST CONSOLIDATION WITH THE COUNTY, SET PRIORITIES FOR ARGUMENTS, AND PROVIDE FOR THE FILING OF REBUTTAL ARGUMENTS WITH REGARD TO THE MEASURES THAT WILL BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 4, 2003. Memorandum from City Clerk Elaine Doerfling dated July 17, 2003 (PDF File).
City Clerk Doerfling presented the report and responded to Council questions.
Action: To authorize Councilmember Reviczky to write the argument in favor of the Veterans' Credit measure, with all Councilmembers invited to sign.
Motion Mayor Keegan, second Dunbabin. The motion carried, noting the abstention of Yoon.
Action: To authorize Councilmember Reviczky to write the argument in favor of the Bike Path Advisory measure and be the only Councilmember to sign along with other members of the community.
Motion Mayor Keegan, second Dunbabin. The motion carried, noting the abstention of Edgerton and Yoon.
Action: To adopt the following resolutions related to the placement of measures on the November ballot:
- Resolution No. 03-6285, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, WITH THE UDEL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, FOR THE SUBMISSION TO THE VOTERS OF TWO MEASURES";
- Resolution No. 03-6286, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITING ARGUMENTS REGARDING TWO MEASURES TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2003, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSES"; and
- Resolution No. 03-6287, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE MEASURES TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2003."
Motion Edgerton, second Dunbabin. The motion carried, noting the abstention of Yoon.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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SCHEDULE MEETING WITH SCHOOL DISTRICT.
Action: By Council consensus, to schedule a joint meeting with the Hermosa Beach School District on either Monday, August 4, or Tuesday, August 5, 2003, with City Manager Burrell advising the Council of the date after he has spoken to the School District.
At 7:32 p.m., the order of the agenda was returned to Item 5(a).
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None
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OTHER MATTERS - CITY COUNCIL
None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on July 8, 2003.
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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)
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Name of Case: City of Hermosa Beach v. City of Redondo Beach
Case Number: BS075570
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CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
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City Negotiator: | Stephen Burrell
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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
Unrepresented - City Prosecutor
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 2003, at the hour of 11:04 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 11:17 p.m. At the hour of 12:20 a.m., on Wednesday, July 23, 2003, 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 23, 2003, at the hour of 12:21 a.m. to the Regular Meeting on Tuesday, August 12, 2003, at the hour of 7:10 p.m.
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