City Council Minutes October 14, 2003

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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, October 14, 2003, at the hour of 7:17 p.m.

PLEDGE OF ALLEGIANCE

Pack 863, Den 3, Webelos Scouts

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Dunbabin requested resident and business input at the first meeting regarding a General Plan update at 7:00 p.m. October 21; said handicap ramps were being installed at intersection curbs; and announced that Hermosa Beach was featured in Sunset Magazine for its art galleries. She said she wanted to correct misinformation stated at recent candidate forums, specifically that the taxi voucher program is for seniors and disabled citizens only and that there is a senior and income-requirement exemption for underground district assessments.

Councilmember Edgerton said an underground district assessment exemption applied to someone who is at least 62, has an annual income of $24,000 or less, and is fully disabled or legally blind. He wished his wife Joanne a happy birthday.

Mayor pro Tempore Yoon announced a Council candidate and bike path debate on Thursday, October 16, at 7:00 p.m. at the Beach House, sponsored by Leadership Hermosa; the next PCH/Aviation Business Association meeting on Friday, October 17; the Woman's Club Pancake Breakfast on Sunday, October 19; the last day to register for the November 4 election on Monday October 20; the Chamber of Commerce annual Man and Woman of the Year luncheon on Friday, October 24, at the Crowne Plaza Hotel at 11:30 a.m.; anniversaries this week for Cathy and Dick McCurdy (their 25th) and his parents Don and June Yoon (their 42nd).

Councilmember Reviczky asked everyone to join the Council in paying tribute to veterans at the annual Veterans' Day candlelight ceremony on November 11 at 6:30 p.m., with an inspirational speech by a Viet Nam Prisoner of War, and an abbreviated version of an Air Force band.

City Clerk Doerfling invited everyone to Woman's Club 12th Annual Pancake Breakfast on Sunday, October 19 from 8:00 a.m. to Noon at the Clark Building, at which pancakes, eggs, sausage, fruit, juice, coffee, milk would be served, with ticket prices of $5 for adults and $3 for children, noting that all proceeds would benefit local philanthropies. She added that there would be children's games and raffle prizes and distributed special invitations to the City Council.

Mayor Keegan announced a Council candidate forum on Monday October 20, at 7:00 p.m. in the Council chambers, sponsored by the Easy Reader and the League of Women Voters. He said the format, unlike at previous forums, would include questions from the public, and said details were available at City Hall.

CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 23, 2003: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    Angelo Massino
    - said the Last Saturday Puppet Show on October 25 would feature the 3,000 year-old story of the Rabbi's Tale, with performances at 10:00 a.m., 11:30 a.m., and 1:00 p.m., saying tickets were $8 each or $20 per family and to call 376-1297 for reservations; said he was also promoting his play "No Justice, No Peace," with Wednesday and Thursday performances at 8:00 p.m. at the Community Center Theater until November 13, sponsored by Hermosa Arts Foundation and Dorothy Yost;
    Kathleen Davison
    - South Bay resident representing the American Red Cross, said there was a critical shortage of blood, only one day's supply, and encouraged everyone to participate in a Blood Drive the following day, October 15, from Noon to 6:00 p.m., at the lifeguard headquarters at 1201 The Strand, in conjunction with Los Angeles County Lifeguards.
    Jack Nixon
    - Hermosa Beach, described traffic problems and lack of enforcement in Hermosa Beach, specifically a posted speed limit of 25 mph on Monterey that is supposed to be monitored by radar but vehicles speed through stop signs and there is no radar gun in sight; as well as problems at Grant and Aviation; asked that the City Council agendize this topic;
    Jack Janken
    - Hermosa Beach, read from a prepared statement submitted regarding a September 29, 2003, Daily Breeze article describing the campaign of City Council candidate and Public Works Commissioner Charlie Cheatham; said Mr. Cheatham should resign from the Public Works Commission for reasons concerning conflict of interest and ethics; said the Council should pass an ordinance to prohibit candidates from soliciting contributions from potential City vendors; and
    Pat Martinez
    - Hermosa Beach, expressed concern about Redondo Beach trash trucks driving on badly worn Hermosa Beach streets when they could travel on Aviation (City Manager Burrell said both cities used the same trash company but that he would look into the matter).

  2. CONSENT CALENDAR:

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

    1. Recommendation to approve the following minutes:

      1. Minutes of the Special meeting held on July 31, 2003;
      2. Minutes of the Adjourned Regular meeting held on August 5, 2003; and,
      3. Minutes of the Regular meeting held on August 12, 2003.

      Action: To approve as presented the minutes of the Special meeting of July 31, 2003, the Adjourned Regular meeting of August 5, 2003, and the Regular meeting of August 12, 2003.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 34310 THROUGH 34542 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 33247 AND 34312 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 (correcting the date of the first meeting in November to Wednesday, November 12).

    4. Recommendation to receive and file the August 2003 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 2003 financial reports as presented.

    5. Recommendation to accept donation of $150 from the Woman's Club of Hermosa Beach to be used for the Halloween Howl; $10,000 from Film Permits Unlimited, Inc. to be used for New Year's Eve Celebration; and, $500 from Hawthorne Savings to be used for the Community Picnic. Memorandum from Finance Director Viki Copeland dated October 2, 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:

      • $ 150 from the Woman's Club of Hermosa Beach for Halloween Howl;
      • $10,000 from Film Permits Unlimited, Inc. for New Year's Eve event; and
      • $ 500 from Hawthorne Savings for the Community Picnic.

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

    6. Recommendation to approve the purchase of 200 trash and 200 recycle containers from San Diego Precast Concrete of Santee, California, in the amount of $106,560; appropriate $106,560 from the AB939 Fund; and, direct staff to issue the appropriate purchase documents. Memorandum from Public Works Director Richard Morgan dated October 6, 2003 (PDF File).

      This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.

      City Manager Burrell responded to questions.

      Coming forward to address the Council on this item was:

      Shirley Cassell
      - Hermosa Beach, said in September 2002, three Councilmembers, Sam Edgerton, Kathy Dunbabin, and J.R. Reviczky, voted to approve these trash containers at a cost of $180,996; then when the project was later sent out for bid, there was a savings of $74,436; said that the Council should tell staff that any large project should be sent out for bid.

      Action: To approve the staff recommendation to:

      1. Approve the purchase of 200 trash and 200 recycle containers from San Diego Precast Concrete of Santee, California, in the amount of $106,560;
      2. Appropriate $106,560 from the AB939 Fund; and
      3. Direct staff to issue the appropriate purchase documents.

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

    7. Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 24, 2003.

      Action: To receive and file the action minutes of the Public Works Commission meeting of September 24, 2003.

    8. Recommendation to approve donations of $1000 to the Redondo Union High School Grad Night Committee 2004 and $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2004. Memorandum from City Manager Stephen Burrell dated September 23, 2003 (PDF File).

      This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

      Action: To approve the staff recommendation to approve the donations of:

      • $1,000 to the Redondo Union High School Grad Night Committee 2004; and
      • $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2004.

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

    9. Recommendation to adopt resolution approving final map #24249 for a 2?unit condo at 1723 and 1725 Golden Avenue. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6303, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 24249 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1723 AND 1725 GOLDEN AVENUE, HERMOSA BEACH, CALIFORNIA."

    10. Recommendation to adopt resolution approving final map #26807 for a 2?unit condo at 666 and 668 3rd Street. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6304, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26807 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 666 and 668 THIRD STREET, HERMOSA BEACH, CALIFORNIA."

    11. Recommendation to adopt resolution approving final map #26812 for a 2?unit condo at 1002 and 1004 6th Street. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6305, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26812 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1002 and 1004 SIXTH STREET, HERMOSA BEACH, CALIFORNIA."

    12. Recommendation to adopt resolution approving final map #26844 for a 2?unit condo at 184 and 186 2nd Street. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6306, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26844 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 184 and 186 SECOND STREET, HERMOSA BEACH, CALIFORNIA."

    13. Recommendation to approve the First Amendment to the Professional Services Agreement with NBCE, Inc. for an increase in Scope of Services and contract amount of $10,800.00 for Project No. CIP 00-140 Street Improvements - 11th Place On-Street Parking Improvements; authorize the City Clerk to attest and the Mayor to execute said amendment upon approval as to form by the City Attorney; and, authorize the Director of Public Works/City Engineer to make adjustments to the Scope of Services as necessary, not to exceed $1,080. Memorandum from Public Works Director Richard Morgan dated September 15, 2003 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve the First Amendment to the Professional Services Agreement with NBCE, Inc. for an increase in Scope of Services and contract amount of $10,800 for Project No. CIP 00-140 Street Improvements - 11th Place On-Street Parking Improvements;
      2. Authorize the City Clerk to attest and the Mayor to execute said amendment upon approval as to form by the City Attorney; and
      3. Authorize the Director of Public Works/City Engineer to make adjustments to the Scope of Services as necessary, not to exceed $1,080.

    3. At 7:38 p.m., the order of the agenda was suspended to go to public hearing Items 5 (a).

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e), (f), 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. At 9:23 p.m., the order of the agenda returned to item 6(b).

  5. PUBLIC HEARINGS

    1. TEXT AMENDMENT REGARDING CHIMNEY DESIGN AND HEIGHT FOR ALL RESIDENTIAL PROJECTS. (Continued from meeting of September 23, 2003) Memorandum from Community Development Director Sol Blumenfeld dated October 8, 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 7:56 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:56 p.m.

      Proposed Action: To amend the ordinance as follows: "Residential structures may have chimneys (with listed chimney assemblies including chase, spark arrestor and chimney cap), vents and flues exceed the height limit only to the extent required to meet the Unified Building Code requirements with a maximum height of not greater than two feet within the nearest roof within ten feet, or four feet from a flat roof, or not greater than the highest point of a sloped roof."
      Motion Reviczky, second Edgerton. A substitute motion replaced the motion.

      Action: To direct staff to amend the ordinance as discussed above and bring it back for introduction at the next meeting on October 28, 2003.
      Motion Mayor Keegan, second Edgerton. The motion carried by a unanimous vote.

    2. APPEAL OF PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN AND NONCONFORMING REMODEL TO ALLOW AN ADDITION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING, NONCONFORMING TO PARKING, RESULTING IN A GREATER 50% INCREASE IN VALUATION, AND PARKING PLAN TO PROVIDE REQUIRED PARKING IN TANDEM AND TO INCLUDE A MEZZANINE FOR STORAGE ONLY AT 238 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated October 7, 2003 (PDF File).

      Action: To continue the hearing to October 28, 2003, as recommended.
      Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

    3. TEXT AMENDMENT REGARDING TEXT AMENDMENT REGARDING C-1 (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT STANDARDS. Memorandum from Community Development Director Sol Blumenfeld dated October 7, 2003 (PDF File).

      Action: To continue the hearing to December 9, 2003, as recommended.
      Motion Dunbabin, second Edgerton. The motion carried by a unanimous vote.

  6. MUNICIPAL MATTERS

    1. NEWSRACK ORDINANCE. Memorandum from Public Works Director Richard Morgan dated October 6, 2003 (PDF File). . Supplemental letter from Daily Breeze Circulation Director Tony Traven, Los Angeles Times Newsrack Coordinator Paul Kerrigan, and USA Today Circulation Manager Pete Wood received October 13, 2003. Supplemental letter from Easy Reader Circulation Manager Ron Baily submitted October 14, 2003.

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

      Coming forward to address the Council on this item were:

      Paul Kerrigan
      - Newsrack Coordinator for the Los Angeles Times, said stickers would create additional maintenance issues and eight to ten modular units would not be attractive; said if the current ordinance were enforced and fees paid, there would be fewer newsracks; said the L.A. Times loses identity and sales when modular newsracks are used because the name of the publication is not displayed prominently and the boxes hold about half the volume of individual racks; said they would reluctantly agree to no advertising on the back of the racks and would work with the City in any way possible to make the City look better but would prefer that the Council not adopt the proposed ordinance;
      Pete Wood
      - Circulation Manager for USA Today, said their identity was displayed by the distinctive white boxes with blue lettering; said the use of modular units would contribute to a loss of identity and sales; recommended that the City enforce its current ordinance and collect the annual $15 permit fee per rack;
      Tony Traven
      - Circulation Director for the Daily Breeze as well as the Home Guide and the Rave, supported the current ordinance; referred to pending legislation regarding modular newsracks; said modular racks looked very generic and that he had proof that they reduced sales; presented photographs of badly rusted modular racks in Manhattan Beach; recommended that the City send bills to collect permits fees per the current ordinance, noting that they had sent in the fee but that their check was returned; and
      Skip Wheeler
      - representing the free publication Real Estate, said that the weekly and monthly publications do not have an equal opportunity of being seen by the public if the daily publications have first priority in their location in the modular equipment; said he favored a system which rotated the location of each paper, adding that double stacks were acceptable to him.

      Action: To enforce the current ordinance, including billing for the permit fee of $15 per location per year, and to agendize the item again in four months.
      Motion Mayor Keegan, second Edgerton. The motion carried by a unanimous vote.

      2. The meeting recessed at 18:58 p.m.
      The meeting reconvened at 9:12 p.m., with item 4, removed consent calendar items.

    2. DISCUSSION OF BOARD OF APPEALS. Memorandum from Community Development Director Sol Blumenfeld dated October 7, 2003 (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.

      Coming forward to address the Council on this item were:

      Jack Janken
      - Hermosa Beach, said that in every other city, applicants file the appropriate form and go directly to the Board of Appeals, the members of which cannot be City employees; said he understood the difference between administrative v. technical issues and that the Board of Appeals was established for application and interpretation of the code; and
      Mike Cassidy
      - Hermosa Beach, said there were a lot of complaints and he had visited the City Manager five or six times; said problems persist because City employees lack proper supervision; said people with construction projects feel they have no recourse.

      Action: To vacate the previous City Council decision in this matter and direct that Mr. Janken's issue be sent to the Board of Appeals for review.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Reviczky and Mayor Keegan. Councilmember Reviczky wanted the record to show that he voted no because he did not think that the Board of Appeals has jurisdiction since a permit was not required for the wall in question.

      City Manager Burrell said that general use of the Board of Appeals would be agendized for a later meeting, at which time he would provide a report regarding the use of the Board of Appeals by other cities and a process and procedure for referral to the Board of Appeals.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. REQUEST FROM THE CHAMBER OF COMMERCE FOR PLACEMENT OF AN ADVERTISEMENT IN THE 2004 CHAMBER OF COMMERCE BUSINESS DIRECTORY. Memorandum from City Manager Stephen Burrell dated September 29, 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:

      Shirley Cassell
      - Hermosa Beach, opposed the City paying for an ad in the Chamber of Commerce business directory because the Chamber of Commerce receives $300,000 from the two Fiestas and should run the City's ad for free.

      Action: To approve the placement of a full-page City advertisement in the 2004 Chamber of Commerce Business Directory at a cost of $1,950.
      Motion Yoon, second Councilmember Reviczky. The motion carried, noting the dissenting vote of Mayor Keegan.

    2. REVIEW OF CUSTOMER SERVICE AND COMPLAINT SYSTEM. Memorandum from City Manager Stephen Burrell dated October 9, 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:

      Jack Janken
      - Hermosa Beach, said there were serious problems in the City's Building Department and suggested that the City use a complaint form like the Police Department; said he had never received a response about complaints he had made about the Community Development Director and the City Manager; said complaints about employees should be documented and if the problem persists, they should be fired.

      Action: To direct staff to prepare a complaint form and have the City Clerk (1) log in all customer complaints, (2) maintain the documents on file as public records in accordance with the existing retention schedule, and (3) prepare monthly summaries for the City Council review.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Edgerton to allow building contractors to receive an engineering study for structural approval in lieu of having building inspector's approval for the same.

      Councilmember Edgerton spoke to his request.

      Action: To agendize the item for the meeting on December 9, 2003.
      So ordered by Council consensus.

    2. Request from Councilmember Dunbabin to agendize a discussion of the staIr railings at City Hall, which have needed repairs several times.

      Councilmember Dunbabin spoke to her request.

      Action: To direct staff to report at the next meeting of October 28, 2003, with a proposed remedy.
      Motion Dunbabin, second Reviczky.

    3. Request from Councilmember Dunbabin to agendize a general discussion of the Board of Appeals.

      Councilmember Dunbabin spoke to her request.

      Action: To agendize for November 12, 2003.
      So ordered by Council consensus.

    4. Request from Councilmember Dunbabin to change the designation from Councilman or Councilwoman to Councilmember in the Municipal Code.

      Councilmember Dunbabin spoke to her request.

      Action: To agendize this topic.
      So ordered by Council consensus.

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 September 23, 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)
    Name of Case: City of Hermosa Beach v. City of Redondo Beach
    Case Number: BS075570

  3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    Property: 1301 Hermosa Avenue
    Negotiating Parties: Stephen Burrell and Pyramid Site Acquisition Services
    Under Negotiation: Price & Terms of Payment

  4. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 14, 2003, at the hour of 10:54 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 11:08 p.m. At the hour of 11:40 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 14, 2003, at the hour of 11:41 p.m. to the Regular Meeting on Tuesday, October 28, 2003, at the hour of 7:10 p.m.

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