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City Council Minutes October 28, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, October 28, 2003, at the hour of 7: 13 p.m.
PLEDGE OF ALLEGIANCE
Steve Crecy
ROLL CALL
Present: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Councilmember Dunbabin announced that the Halloween Howl would take place at the Clark Building on Thursday, October 30, at 6:00 p.m. with costumes encouraged; reminded everyone that the next Council meeting would take place on Wednesday, November 12, because of the Veteran's Day holiday on November 11; said that the City's website had an easy link to a Hermosa Beach Coordinating Council event calendar and that instructions for adding information to this calendar could be obtained by calling City Hall.
Councilmember Edgerton announced that a fashion show fundraiser benefiting the Beach Cities Toy Drive would take place Sunday, November 16, at Sangria on the Plaza, with further details to be announced later.
Mayor pro Tempore Yoon praised Fire Chief Tingley and the Hermosa Beach firefighters for their assistance fighting the Southern California wildfires still burning; and reminded everyone to vote next Tuesday, November 4.
Councilmember Reviczky spoke about the Veteran's Day ceremony on Tuesday, November 11, at 6:00 p.m. at the Veterans Memorial; said that Hermosa Beach firefighters had spent a week fighting wildfires in Rancho Cucamonga, were now doing the same in San Diego County, and asked Chief Tingley to comment.
Chief Tingley said since October 24 Hermosa Beach firefighters had been fighting the Grand Prix fire in Rancho Cucamonga, helping to save a water pump station; said the crew had been re-assigned today to the Cedar fire in Ramona and would be replaced tomorrow with a fresh crew; said the California State Office of Emergency Services would reimburse the City, with funds to be received in about nine months; said of the five South Bay cities providing assistance, Hermosa Beach was the only city with a fire engine not plagued by mechanical failures.
Mayor Keegan expressed his hope that all firefighters would be safe and fires would be out soon; announced the opening this evening of "Always Patsy Cline" at the Hermosa Beach Playhouse, with 8:00 p.m. performances Tuesday through Sunday until November 9; said "No Justice, No Peace," written by Hermosan Angelo Massino and sponsored by Hermosa Arts Foundation and Dorothy Yost, was being performed at the Community Center's Second Story Theater on Wednesdays and Thursdays at 8:00 p.m. and would run through November 13; announced free lectures by artists displaying paintings at Gallery C on Thursdays at 7:00 p.m.
CLOSED SESSION REPORT FOR MEETING OF OCTOBER 14, 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:
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Suzanne Rampe
- - Hermosa Beach, said she grew up in town and supported Proposition W and the additional beach bike path; spoke of her background in safety as a movie stuntwoman; said she would not let her children on the Strand even though it is their "front yard" because it was not safe; said she knew from childhood of one death on the Strand and another probable death; also discussed the Plaza and said she would no longer take her children there because there were so many bars and restaurants with young people out of control;
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Gene Shook
- - owner of Hermosa Beach Pavilion, updated the Council on the progress of the project; showed current renderings and estimated completion of the construction by mid-June 2004; said 24-Hour Fitness should be in by November 2004;
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Steve Crecy
- - Hermosa Beach, member of the Veterans' Memorial Committee, discussed details of the annual Veteran's Day candlelight ceremony at 6 p.m. on Tuesday, November 11, at the Veterans' Memorial at the Community Center, noting that the guest speaker would be a former Viet Nam POW; and,
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Jack Janken
- - Hermosa Beach, requested that the Council place on its next agenda a discussion to finally resolve Board of Appeal issues which had been discussed many times at recent Council meetings; made reference to a Daily Breeze article regarding Council candidate Charlie Cheatham's campaign and requested that the Council adopt an ordinance making such practices illegal; provided to the Council his response to a letter he received from City Manager Burrell regarding the Board of Appeals procedure.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (s), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (e) Reviczky, (g) Edgerton, (i) Dunbabin, (o) Mayor Keegan, (r) Edgerton, and (s) Dunbabin.
Motion Yoon, second Reviczky. The motion carried by a unanimous vote.
At 7:37p.m., the order of the agenda was suspended to go to public hearing item 5(a).
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Recommendation to approve the following minutes:
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Minutes of the Regular meeting held on September 9, 2003;
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Minutes of the Regular meeting held on September 23, 2003; and,
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Minutes of the Regular meeting held on October 14, 2003.
Action: To approve as presented the minutes of the Regular meetings of September 9, September 23, and October 14, 2003.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 34543 THROUGH 34672 AND TO APPROVE CANCELLATION OF CHECK NO. 34540 AS RECOMMENDED BY THE CITY TREASURER.
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 September 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 September 2003 Financial Reports, as presented.
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Recommendation to accept donation of $250 from the Hermosa Kiwanis Foundation to be used for the Halloween Howl event. Memorandum from Finance Director Viki Copeland dated October 20, 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 donor.
Action:
To accept a donation of $250 from the Hermosa Kiwanis Foundation to be used for the Halloween Howl event
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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Recommendation to approve City Council meeting schedule for 2004. Memorandum from City Manager Stephen Burrell dated October 15, 2003 (PDF File).
Action:
To approve the City Council meeting schedule for 2004, as recommended by staff.
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Recommendation to authorize the Police Department to form an advisory committee to develop recommendations for the use of LLEBG (Local Law Enforcement Block Grants) monies to be received during this fiscal year. Memorandum from Police Chief Michael Lavin (PDF File).
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Police Chief Lavin presented the staff report and responded to Council questions.
Action:
To authorize the Police Department to form an advisory committee to develop recommendations for the use of LLEBG (Local Law Enforcement Block Grants) monies to be received during this fiscal year, as recommended by staff.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
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Recommendation to authorize the purchase of two new 2004 BMW Police Motorcycles from A & S BMW Motorcycles in Roseville, California for an amount of $41,753.00 (includes tax and shipping) and appropriate $21,227 from the Citizen's Option for Public Safety Program (COPS) to assist in the purchase of these motorcycles. Memorandum from Police Chief Michael Lavin (PDF File).
Action:
To approve the staff recommendation to:
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Authorize the purchase of two new 2004 BMW Police Motorcycles from A&S BMW Motorcycles in Roseville, California for an amount of $41,753 (includes tax and shipping); and
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Appropriate $21,227 from the Citizen's Option for Public Safety Program (COPS) to assist in the purchase of these motorcycles.
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Recommendation to authorize staff to develop plans and cost estimates and initiate a fundraising program for the City's Gateway Signage and Dewey Weber Memorial Statue. Memorandum from Public Works Director Richard Morgan dated October 21, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to questions.
Coming forward to address the Council on this item were:
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Rick Koenig
- - Hermosa Beach, spoke in support of the statue; said Dewey Weber was one of the most prominent Hermosa Beach athletes and the photo on which the statue would be based was one of the most famous surfing pictures in the world;
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Abel Ybarra
- - Hermosa Beach, also spoke in support of the statue; noting that Dewey Weber's family said they would be honored to help in any way possible;
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John Joseph
- - showed a rendering of the Dewey Weber photo, calling it the most famous surfing photo in the world; said Laguna Beach had recreated the photo in a 25-foot mural advertising their art festival; said the Hermosa surfer had the most recognizable name among surfers;
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Roger Bacon
- - Hermosa Beach, spoke in support of the Dewey Weber statue and offered to assist with the fundraising; related some Dewey Weber anecdotes;
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Jean Lombardo
- - Hermosa Beach, member (along with Victor Winnek) of the Recreation, Parks and Community Resources Commission subcommittee, which had been directed by the Council to design a gateway concept; said the proposed sign and statue define the surfing culture of Hermosa Beach; and
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Pat Ryan
- - ET Surfboard, praised Dewey Weber and said that Dewey, along with Greg Knoll, not only designed and built surfboards, but were internationally known surfers as well.
Action: To authorize staff to develop plans and cost estimates and initiate a fundraising program for the City's gateway signage and the Dewey Weber memorial statue, as recommended by staff.
Motion Yoon, second Edgerton. 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 October 7, 2003.
Action:
To receive and file the status report of capital improvement projects that are either under design or construction.
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Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 23, 2003 (PDF File).
Claimant: Sullivan, Thomas
Date of Loss: 03-10-03
Date Filed: 09-10-03
Action:
To deny the subject claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 7, 2003.
Action:
To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 7, 2003
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Recommendation to reappropriate $57,264 from the FY 2002-03 Equipment Replacement Fund budget to the FY 2003-04 budget (Equipment Replacement Fund). Memorandum from Police Chief Michael Lavin (PDF File).
Action:
To reappropriate $57,264 from the FY 2002-03 Equipment Replacement Fund budget to the FY 2003-04 Equipment Replacement Fund (for the purchase of two Go-4 parking enforcement vehicles for the Police Department, which were not delivered until after July 1, 2003).
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Recommendation to approve the request from South Bay Family Health Care Center to hold their World Aids Day event at the Pier Head west of the Strand on Sunday, November 30, 2003; approve fee waivers; and, approve event contract. Memorandum from Community Resources Department dated October 16, 2003 (PDF File).
Action:
To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to:
- Approve the request from South Bay Family Health Care Center to hold their World Aids Day event at the Pier Head west of the Strand on Sunday, November 30, 2003;
- Approve fee waivers; and
- Approve event contract.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of October 21, 2003.
This item was removed from the consent calendar by Mayor Keegan for separate discussion later in the meeting.
City Attorney Jenkins responded to Council questions.
Action: To initiate the City Council review of the Planning Commission's action on Public Hearing Item No. 6 - approval of Conditional Use Permit amendment to convert a brew-pub to a full service restaurant with on sale general alcohol at 73 Pier Avenue.
Motion Mayor Keegan, second Reviczky.
Further Action: To receive and file the balance of the action minutes of the Planning Commission meeting of October 21, 2003.
Motion Dunbabin, second Mayor Keegan. The motion carried by a unanimous vote.
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Recommendation to adopt resolution to apply for grant funds for the Per Capita Grant Program and Roberti-Z'Berg-Harris Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Memorandum from Public Works Director Richard Morgan dated October 22, 2003 (PDF File).
Action: To approve the staff recommendation to:
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Adopt Resolution No. 03-6307, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002"; and
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Adopt Resolution No. 03-6308, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002."
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Recommendation to approve the implementation of a New Year's Eve Celebration and select entertainment venue proposal for musical performance conducted by "Big Band 2000" from 8:00pm to 12:15am. Memorandum from Community Resources Department dated October 21, 2003 (PDF File).
Action: To approve the staff recommendation to:
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Approve the implementation of a New Year's Eve Celebration; and
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Select the entertainment venue proposal for musical performance conducted by "Big Band 2000" from 8:00 p.m. to 12:15 a.m.
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Recommendation to reject all bids for Project No. CIP 02-185 - 5th Street from Ardmore Avenue to Prospect Avenue, and authorize re-advertise for bids. Memorandum from Public Works Director Richard Morgan dated October 22, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action: To approve the staff recommendation to:
- Reject all bids for Project No. CIP 02-185 - Fifth Street from Ardmore Avenue to Prospect Avenue; and
- Authorize re-advertise for bids.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
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Recommendation to authorize payment of $8,000 to Verizon for the proposed district "Bayview Drive from Pier Avenue to 10th Street, et al. and authorize the City Manager to execute the work order and appropriate $8,000 from the Capital Improvement Fund. Memorandum from City Manager Stephen Burrell dated October 23, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to:
- Authorize the payment of $8,000 to Verizon for the proposed district "Bayview Drive from Pier Avenue to 10th Street, et al; and
- Authorize the City Manager to execute the work order and appropriate $8,000 from the Capital Improvement Fund.
Motion Dunbabin, second Mayor Keegan. The motion carried by a unanimous vote.
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CONSENT ORDINANCES
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ORDINANCE NO. 03-1233 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 603 THIRD STREET (ON THE NORTHEAST CORNER OF THIRD STREET AND ARDMORE AVENUE), LEGALLY DESCRIBED AS A PORTION OF LOTS 44, 45 AND 46, WALTER RANSOM CO'S VENABLE PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 21, 2003 (PDF File).
City Clerk Doerfling presented the ordinance for adoption, noting that it had been introduced at the meeting of September 23, 2003 by a unanimous vote.
Action: To waive full reading and adopt Ordinance No. 03-1233.
Motion Edgerton, second Dunbabin. The motion carried by the following vote:
AYES: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan
NOES: None
ABSTAIN: None
ABSENT: None
At 9:50 p.m., the order of the agenda was returned to Item 7(a).
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(e), (g), (i), (o), (r), and (s) 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.
At 9:48 p.m., the order of the agenda was returned to item 3, consent ordinance.
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PUBLIC HEARINGS
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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. (Continued from meeting of October 14, 2003) Memorandum from Community Development Director Sol Blumenfeld dated October 21, 2003 (PDF File).
Community Development Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:54 p.m. Coming forward to address the Council on this item was:
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Jose Sayula
- - Edward Carson Beall, representing property owners Jeff Stoner and Glen Greg, discussed project changes since the Planning Commission's denial, including additional parking spaces; said the property owners had a history with Hermosa and wanted a project that would be good for the City; said that the difficulty of developing this particular site should be taken into consideration.
The public hearing closed at 8: 06p.m.
Action: To sustain the Planning Commission's denial of the project.
Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor pro Tempore Yoon.
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VACATION OF A PORTION OF PORTER LANE. Memorandum from Public Works Director Richard Morgan dated October 22, 2003 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions.
The public hearing opened at 8:20 p.m. Coming forward to address the Council on this item was:
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Karen Nelson
- - Hermosa Beach, urged the Council to approve the vacation; said that she, along with her neighbors, had initiated the request when it was discovered that part of the street had not been vacated; said the residents were under the impression that the land had been given to them and built structures there.
The public hearing closed at 8:22 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 03-6309, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES THE LAST REMAINING PORTION OF THE SOUTH SIDE OF PORTER LANE BETWEEN MORNINGSIDE DRIVE AND VALLEY DRIVE, AFFECTING LOTS 1 - 7 OF HERMOSA TERRACE ANNEX."
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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REPAIR OF CITY HALL AND LIBRARY HAND RAILING. Memorandum from Public Works Director Richard Morgan dated October 23, 2003 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Proposed Action: To authorize staff to go out to bid to replace the railing at the Library and to repair the railing at the City Hall front entrance, as recommended by staff.
Motion Reviczky, second Mayor Keegan. Replaced by a substitute motion.
Action: To direct staff to return with a cost estimate to replace all of the front exterior rails.
Motion Dunbabin, Edgerton second. The motion carried, noting the dissenting vote of Reviczky.
The meeting recessed at 8:35 p.m.
The meeting reconvened at 9:02 p.m. with item 4, removed Consent calendar items.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated October 22, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action: To authorize the free holiday parking program for all silver meters, but not the parking lots, from Wednesday, November 26, 2003 through Thursday, December 25, 2003.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None.
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OTHER MATTERS - CITY COUNCIL
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Request from Councilmember Dunbabin for an update on the City's Emergency Plan.
Councilmember Dunbabin spoke to her request.
Action: To agendize the topic.
Motion Dunbabin, second Yoon.
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Report by Councilmember Dunbabin regarding PUC vote on area code.
Councilmember Dunbabin said the Public Utilities Commission (PUC) had voted to retain the 310 area code for the South Bay communities, and asked if it would be appropriate for the City Council to thank the members who voted in support.
Mayor Keegan said he had already written personal thank you letters and would email the names and addresses of the PUC members and how they voted so that the Council members could write individual letters.
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Announcement by Mayor Keegan of American Public Works Association award for 2003 Project of the Year.
Mayor Keegan announced that the Southern California Chapter of the American Public Works Association had awarded the 2003 Project of the Year award to Hermosa Beach for the refurbishing of Valley Park, specifically the basketball, soccer and baseball improvements in the athletic fields category. He commended all of the staff members who had been involved and thanked Councilmember Dunbabin and former Councilmember Julie Oakes for their contributions.
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 October 14, 2003.
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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
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ADJOURNMENT TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 28, 2003, at the hour of 10:00p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 10:10 p.m. At the hour of 10:40 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 28, 2003, at the hour of 10:41 p.m. to the Regular Meeting on Wednesday, November 12, 2003, at the hour of 7:10 p.m.
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