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City Council Minutes January 13, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, January 13, 2004, at the hour of 7:21 p.m.
PLEDGE OF ALLEGIANCE - Maggie Moir
ROLL CALL
Present: Edgerton, Reviczky, Tucker, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
- Councilmember Tucker announced that the Planning Commission would conduct a General Plan Workshop on Thursday, January 22 at 7:00 p.m. in the Council Chambers and urged all citizens to attend to provide input.
Councilmember Edgerton announced a Household Hazardous Waste Roundup on Saturday, January 24, at Clark Field on Valley Drive in front of the tennis courts, at which paint and other hazardous waste would be collected, as well as computer, TV, and other electronic components.
Mayor pro Tempore Yoon congratulated Hermosa Beach figure skater Amber Corwin on her fourth place win last weekend at the United States figure skating championship competition in Atlanta, with the top three winners going to the Olympics.
Councilmember Reviczky thanked all the residents of Manhattan Beach and Hermosa Beach for their generous donations to the 2003 Beach Cities Toy Drive, said the toys were distributed to numerous charitable organizations, and read a letter of appreciation from the Good Shepherd Shelter, one of the recipient groups.
Mayor Keegan said that a good time was had by all ringing in the New Year Hermosa style at the New Year's Eve celebration on Pier Plaza.
PROCLAMATIONS AND PRESENTATIONS
Lisa Ryder Moore, on behalf of the Hermosa Beach Education Foundation, presented a photo collage of the businesses at the Ralph's' shopping center to Roger Bacon with an expression of appreciation for his raising $85,000 for the schools in the last three years though his administration of the banner program.
Roger Bacon thanked the Foundation and also thanked the City for allowing the Banner Program.
City Clerk Doerfling added that Roger does a lot for the community, including helping to raise funds for the Sister City Association to pay for a series of surgeries and other medical treatments for former Loreto exchange student Miriam Murillo.
CLOSED SESSION REPORT FOR MEETING OF DECEMBER 9, 2003: NO REPORTABLE ACTIONS.
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PUBLIC PARTICIPATION:
There were no written communications.
Coming forward to address the Council at this time were:
- Blair Smith
- - Hermosa Beach, owner of a duplex on Myrtle Avenue, which the City was resurfacing; cited a problem with water collecting on the east side; said he asked Public Works to install a curb and gutter which most of the residents on the street (12 out of 16) had agreed to pay for, at $1,300 per property; asked if the City would pay the balance not covered by the other four property owners (City Manager Burrell was directed by the Council to work with the residents to see if this could be accomplished before work on the street was completed);
- Suzanne Rampay
- - Hermosa Beach, thanked the Council for consideration of her communications to them regarding her opposition to Segways on the Strand (agenda item 6g); said they may have been appropriate on a separate bike path but not on the current Strand;
- Alan Dillenbach
- - Redondo Beach, representing the South Bay Chapter of the Surfrider Foundation, discussed the memo he presented to the Council supporting the Segway devices;
- Jeff Duclos
- - Hermosa Beach, opposed allowing Segways on the Strand; said the conclusions drawn by Police Chief Lavin (agenda item 6c) had been reached without adequate analysis, consultation with experts, or public input; disagreed that the speed limit signs on the Strand should be removed; said the study months of October and December did not represent the peak months of Strand usage; urged the Council to direct stronger enforcement, citing success with this approach in San Diego;
- Jack Janken
- - Hermosa Beach, concurred with the previous speaker; disagreed with the distribution of his application to the Board of Appeals through Community Development Director Blumenfeld; said Council mandates were not being followed; said discussion of a new complaint form was supposed to be on tonight's agenda (City Manager Burrell said discussion of the form would be on the next agenda, and the Board of Appeals agenda packet would be distributed to its members a week before the meeting on January 26);
- Maria Flannigan
- - Hermosa Beach, Co-Chair of Hermosa Beach Education Foundation, requested that fees be waived for the banner for the spring fundraiser (City Manager Burrell said that could be handled at the administrative level);
- Maggie Moir
- - Hermosa Beach, announced the opening of a new play at the Hermosa Playhouse on January 31 called "The Crane Daughter," a beautiful Japanese fairy tale; thanked the Council for their continued support of the Last Saturday Puppet Theater, now in its third year; was grateful for the possibility of wireless internet which would help many seniors like herself on a fixed income; and
- Joanne Edgerton
- - Hermosa Beach, said continuation of the banner program was very important for Hermosa children; thanked the Council and staff for arranging a meeting with CalTrans to regain the location at Pacific Coast Highway, noting that the funds raised for the schools by the banner program were very much needed.
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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 for clarity: (h) Reviczky, (j) Tucker, and (l) Keegan.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
At 7:53 p.m., the order of the agenda was suspended to go to public hearing items 5(a), (b), (c), (d) and (e)
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Recommendation to approve the following minutes:
- Minutes of the Regular meeting held on November 25, 2003;
- Minutes of the Regular meeting held on December 9, 2003.
Action: To approve as presented the minutes of the regular meetings of the City Council held on November 25, 2003 and December 9, 2003.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 35087 THROUGH 35373 AND TO APPROVE CANCELLATION OF CHECK NO. 35163 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 November 2003 financial reports:
- Revenue and expenditure report (PDF File);
- City Treasurer's report (PDF File); and,
- Investment report (PDF File).
Action: To receive and file the November 2003 financial reports, as recommended by staff.
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Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl (PDF File).
| Claimant: | Prada, Claudia |
| Date of Loss: | 08-29-03 |
| Date Filed: | 12-17-03 |
| Claimant: | Briley, Christopher; Thomas, Justin; Agner, Kenneth |
| Date of Loss: | 07-04-03 |
| Date Filed: | 12-09-03 |
Action: Deny the subject claims and refer them 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 Public Works Commission meeting of November 19, 2003.
Action: To receive and file the action minutes of the Public Works Commission meeting of November 19, 2003.
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan.
Action: To receive and file the status report of capital improvement projects that are either under design or constructions, as recommended by staff.
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Recommendation to accept donations of $100 from Elaine Doerfling to be used for maintenance of the Veterans' Memorial and $2,215 from Rockland Financial to be used for a memorial bench for Steve Fishman to be located in Valley Park. Memorandum from Finance Director Viki Copeland dated January 5, 2004 (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 received by the City:
- $ 100 Elaine Doerfling for maintenance of Veterans' Memorial;
- $2,215 Rockland Financial for a Memorial bench for Steve Fishman to be located in Valley Park
Motion Councilmember Reviczky second Yoon. The motion carried, noting the absence of Edgerton, who left at 12:04 a.m.
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 2, 2003.
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources meeting of December 2, 2003.
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Recommendation to award construction contract to Alliance Streetworks, Anaheim, California, for Project No. CIP 02-185 Street Improvements - 5th Street from Ardmore Avenue to Prospect Avenue, based upon their lowest responsible bid of $176,969.00; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; authorize the Director of Public Works to make minor changes as necessary within the contingency of $9,000; and, approve the Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $24,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated January 6, 2004 (PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting
Public Works Director Morgan responded to Council questions.
Action: To approve the staff recommendation to:
- Award the Construction Contract to Alliance Streetworks, Anaheim California, based upon their lowest responsible bid of $176,969;
- Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney;
- Authorize the Director of Public Works to make minor changes as necessary within the contingency of $9,000; and
- Approve the attached Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $17,700 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney.
Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton, who left at 12:04 a.m.
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Recommendation to approve an increase in the contract amount paid to the City's landscaping contractor, US Landscapes, Inc. Memorandum from Public Works Director Richard Morgan dated January 6, 2004 (PDF File).
Action: To approve an increase of $20,5000 (included in the 2003-2004 budget) in the contract amount paid to the City's landscaping contractor, US Landscapes, Inc., as recommended by staff.
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Recommendation to amend the construction contract with Pima Corporation to include previously deleted interior improvements and street improvements on Pier Avenue from the original contract in the amount of $53,000; appropriate $125,559 from the CDBG Fund to provide necessary funding to cover the cost of added items, consultant fees and to provide a 20% contingency for the construction contract with Pima Corporation; and, authorize the Director of Public Works to issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated January 6, 2004 (PDF File).
This item was removed from the consent calendar by Mayor Keegan for separate discussion later in the meeting
Public Works Director Morgan responded to Council questions.
Action: To approve the staff recommendation to:
- Amend the construction contract with Pima Corporation to include previously deleted interior improvements and street improvements on Pier Avenue from the original contract in the amount of $53,000;
- Appropriate $125,559 from the CDBG Fund to provide necessary funding to cover the cost of added items, consultant fees and to provide a 20% contingency for the construction contract with Pima Corporation; and
- Authorize the Director of Public Works to issue change orders as necessary within the approved budget.
Motion Mayor Keegan, second Tucker. The motion carried, noting the absence of Edgerton, who left at 12:04 a.m.
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Recommendation to receive and file status report on the Beach Drive Underground Utilities Assessment District; approve appropriation in the amount of $15,000 to be consistent with City Council approval of the contract for Assessment Engineering; approve agreement with Northcross, Hill & Ach in the amount of $5000 to assist the City in a private bond placement should the district proceed. Memorandum from City Manager Stephen Burrell dated January 8, 2004 (PDF File). City Manager Burrell said the correct assessment engineering cost was $16,000 (not $15,000 as erroneously shown in the report).
Action: To approve the staff recommendation to:
- Receive this status report on the subject of underground district.
- Approve appropriation in the amount of $16,000 to be consistent with City Council approval of the contract for Assessment Engineers.
- Approve agreement with Financial Advisor in the amount of $5,000 to assist the City in a private bond placement should the district proceed.
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CONSENT ORDINANCES
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ORDINANCE NO. 04-1235 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ADDING A NEW SUB-SECTION TO CHAPTER 17.40 TO PROVIDE STANDARDS FOR CONDITIONALLY PERMITTED MIXED-USE PROJECTS IN THE C-1 COMMERCIAL ZONE. For adoption. Memorandum from City Clerk Elaine Doerfling dated December 24, 2003 (PDF File). Supplemental revised ordinance from Community Development Director Blumenfeld received January 13, 2004.
Action: To waive full reading and re-introduce Ordinance No. 04-1235, as revised, with an additional amendment to Section 4, item 7 of the ordinance requiring the owner to provide a separate written disclosure, upon the sale or rental of the property, that the property is mixed use.
Motion Reviczky, second Mayor Keegan. The motion carried, noting the dissenting vote by Yoon and the absence of Edgerton, who left at 12:04 a.m.
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(h), (j), and (l) were heard at this time but are shown in order for clarity.
Public comments on items removed from the consent calendar are shown in order for clarity.
At 12:10 a.m., the order of the agenda returned to item 3(a) Consent Ordinance.
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PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
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APPEAL OF THE PLANNING COMMISSION DECISION, ON OCTOBER 21, 2003, DENYING A VARIANCE TO ALLOW A GREATER THAN 250 SQUARE FOOT ADDITION ON A PROPERTY CONTAINING THREE UNITS WITH LESS THAN TWO PARKING SPACES PER UNIT AT 1427 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld (PDF File).
Councilmember Tucker recused himself and left the dais because he had heard the item as a Planning Commissioner.
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 8:20 p.m. Coming forward to address the Council on this item was:
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Bill Febbo
- - applicant, said he was improving his property, providing more parking, and not taking away anyone's view, said the property was unique and there should not be many requests like his, noting that similar requests should also be granted, that if approving his project set a precedent, maybe it would be a good precedent.
The public hearing closed at 8:30 p.m.
Proposed Action: To overturn the Planning Commission's denial and approve the variance based on Council's ability to make the required findings with the condition that the applicant provides a survey of the property.
Motion Edgerton, second Reviczky. The motion failed, noting the dissenting votes of Yoon and Mayor Keegan, and the absence of Tucker.
The above motion did not carry due to a tie vote of 2-2 and, therefore, the Planning Commission Resolution No. 03-63 stands.
Action: To direct staff to report back at a future meeting on the issue of providing an exception to the 250-square-foot remodel rule that would allow residents to remodel their legal, nonconforming buildings without the need for a variance if they are increasing parking, and in order to preserve classic structures, with the understanding that if the City Council decided to pursue such an exception, the matter would be referred to the Planning Commission for consideration of a Code amendment at a public hearing and with a recommendation back to Council.
Motion Edgerton, second Mayor Keegan. The motion carried, noting the absence of Tucker.
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APPEAL OF THE PLANNING COMMISSION DECISION, ON OCTOBER 21, 2003, TO DENY A VARIANCE TO LOT COVERAGE REQUIREMENT IN ORDER TO ALLOW AN ADDITION AND REMOVAL AND CONVERSION OF A DUPLEX TO A SINGLE-FAMILY DWELLING, RESULTING IN 71% LOT COVERAGE RATHER THAN THE MAXIMUM 65% AT 259 31ST STREET. Memorandum from Community Development Director Sol Blumenfeld (PDF File).
Councilmember Tucker was not present on the dais, having recused himself from this public hearing and the previous one because he had heard the items as a Planning Commissioner.
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 8:59 p.m. Coming forward to address the Council on this item were:
- Larry Peha
- - Hermosa Beach, project architect, said his clients wanted to convert a duplex into a single-family residence and were told they had 58 square feet available to build on and still comply with the Code, which was the exact size of the proposed bathroom; said later when the lot coverage problem came to light, the only solution offered by the City was to move the exterior stairs inside the home, which was not feasible; said the proposed project would improve density and parking because there would be only one dwelling unit;
- Jonathan Schwartz
- - applicant, said when the bay window was installed in 1997, they entered into a recorded boundary line agreement with the adjacent property owner that runs with the land; said there was precedent since at least three properties on the street had variances granted for the same thing; and
- Stacy Schwartz
- - applicant, said exceptional circumstances included the small lot and narrow alley; said the improvements would fit into the current footprint and the 1936 architectural features gave the home character that they wished to maintain; said the proposed project was necessary to preserve their property rights since they were merely adding another bedroom and bathroom which would make the home a reasonable size; said they sought their neighbor's input by holding an open house and presenting their plans and had neighborhood support since a single-family residence was preferable to a duplex; that they would be reducing noise, density, and parking problems.
The public hearing closed at 9:10 p.m.
Action: To overturn the Planning Commission's denial and approve the appeal, thereby approving the variance, and to direct staff to prepare a resolution reflecting the Council's action this evening, along with the findings, for adoption at the next meeting.
Motion Edgerton, second Yoon. The motion carried, noting the absence of Councilmember Tucker.
The meeting recessed at 9:24 p.m.
The meeting reconvened at 9:42 p.m., with all members present.
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CONSIDERATION OF REQUEST BY HERMOSA BEACH CHAMBER OF COMMERCE TO HOLD FIESTAS HERMOSA ON MEMORIAL DAY (MAY 29, 30 & 31, 2004) AND LABOR DAY (SEPTEMBER 4, 5, AND 6, 2004) AND CONSIDERATION OF A MULTI-YEAR AGREEMENT. Memorandum from City Manager Stephen Burrell dated January 6, 2004 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions, explaining that this agreement provided the framework for the required event permits.
The public hearing opened at 9:50 p.m. Coming forward to address the Council on this item were:
- Conn Flatley
- - Board of Directors, Hermosa Beach Chamber of Commerce and Visitor's Bureau, said the Chamber received no City funds and the Fiestas help local businesses with 120,000 people visiting on each 3-day weekend; said 2003 profits funded the Visitors' Bureau marketing plan, and $40,000 of those profits funded the Hermosa Beach Tourism brochure offered at hotels, restaurants, visitors' centers, car rental agencies, travel agencies, etc., all over California; said $50,000 would be spent this year advertising in newspaper travel sections and Sunset magazine; said tourism was good for hotels, restaurants, and shops, and provides sales tax for the City; said the Chamber provides free booths and donations to local charities; said additional City income comes from the $25 temporary business licenses for Fiestas vendors;
- Kevin McCarthy
- - Vice Chair of Tourism for Hermosa Beach, said that the Fiestas help the local merchants and fill hotel rooms;
- Carla Merriman
- - Executor Director, Hermosa Beach Chamber of Commerce and Visitor's Bureau, said information gathered by independent research from the 730 surveys returned by visitors after the last Labor Day Fiesta indicates that, among other facts learned, 84% of visitors patronize the local businesses, with 43% of the visitors from the South Bay area and the rest from the 3-hour driving radius, which is the area targeted for Hermosa Beach tourism.
The public hearing closed at 9:58 p.m.
Action: To approve the staff recommendation to:
- Approve the request for two 2004 Fiestas, including the following additional items: waive application, banner and amplification fees as a non-profit organization and bill only for actual costs for various direct services, use of Proposition A funds for the shuttle bus, vendor booths on Pier Plaza to be removed at the end of each event day; and
- Direct staff to return at the meeting of February 24, 2004 with a multi-year agreement with the Chamber of Commerce similar to the agreement in effect during 1996-2000;
with the agreement amended under Section 1, subsection d, to require the annual review within 90 days after the Labor Day Fiesta, at which time the Chamber of Commerce would provide the copies of all records and make an agendized presentation at a City Council meeting.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES A PORTION OF 22ND STREET, BETWEEN THE STRAND AND BEACH DRIVE. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions.
The public hearing opened at 10:12 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:12 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 04-6319, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES A PORTION OF 22ND STREET, BETWEEN THE STRAND AND BEACH DRIVE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1, PAGES 25 AND 26, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER."
Motion Tucker, second Reviczky. The motion carried with a unanimous vote.
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TEXT AMENDMENT TO CLARIFY THE DISTINCTION BETWEEN RESTAURANTS AND SNACK SHOPS. Memorandum from Community Development Director Sol Blumenfeld.
Action: To continue the hearing to the February 10, 2004 meeting, as recommended by staff.
Motion Reviczky second Yoon. The motion carried with a unanimous vote.
At 10:15 p.m., the order of the agenda moved to item 6.e.
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MUNICIPAL MATTERS
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NUISANCE ABATEMENT OF PROPERTY AT 24 8TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 16, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6320, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPERTY AT 24 EIGHTH STREET CONSTITUTES A PUBLIC NUISANCE" setting the public hearing for February 10, 2004.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
At 11:50 p.m. the order of the agenda moved to item 6.f.
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FILM PERMIT POLICY AND FEE SCHEDULE. Memorandum from Community Resources Department dated December 17, 2003 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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REPORT ON THE STRAND BY THE POLICE DEPARTMENT. Memorandum from Police Chief Michael Lavin dated January 5, 2004 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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TEXT AMENDMENT TO AMEND SECTION 17.46.010 TO CHANGE THE ALLOWABLE SIZE AND HEIGHT OF CHIMNEYS. Memorandum from Community Development Director Sol Blumenfeld dated November 25, 2003 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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CITY'S BANNER PROGRAM. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, noted that CalTrans had agreed to a meeting with City representatives, and asked Council subcommittee members Edgerton and Yoon about their availability for a meeting later this month.
Coming forward to address the Council on this item were:
- Roger Bacon
- - owner of Ralph's Shopping Center, said he had spoken to Coastal Netting Systems, the installers of a net at Pollywog Park in Manhattan Beach to keep baseballs out, to obtain some preliminary calculations, which indicate that replacement and/or changes were needed with the poles, banners, and fasteners; suggested that this item be tabled until representative from Coastal Netting Systems could perform thorough calculations;
- Heidi Sanders
- - Co-President of the Hermosa Beach Education Foundation, said the Foundation hoped that the banner can be maintained at the Pacific Coast Highway location; and
- Maria Flannigan
- - Hermosa Beach, concurred that the location at Pacific Coast Highway was the most desirable.
Action: To receive and file the report and direct staff to agendize this item again after the meeting with CalTrans, expected to be scheduled for late January 2004.
Motion Mayor Keegan, second Yoon. The motion carried by a unanimous vote.
At 10:30 p.m., the order of the agenda moved to item 6.g.
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PROJECT NO. CIP 00-630 PIER RENOVATION - PHASE III. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To reject all bids, as recommended by staff, and to establish a Council subcommittee comprised of Councilmembers Edgerton and Tucker to work with staff to consider modifications to the approved plan in order to decrease the cost.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
At 12:04 a.m., Councilmember Edgerton left the meeting, and the order of the agenda moved to item 4 for consideration of those items removed from the consent calendar.
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REGULATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. Memorandum from City Attorney Michael Jenkins dated January 13, 2004.
City Attorney Jenkins presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Coming forward to address the Council on this item were:
- John Hales
- - Hermosa Beach, said that after he wrote a letter to the editor opposing Segways, Mr. Aronoff invited him to try one; said the device weighs 81 pounds with wheels 22" in diameter and inflated tires almost 3" across, and a vehicle that heavy was dangerous; said the City of San Francisco had banned them and Hermosa should find out why; said he had spent a lot of time on the Strand and felt they would be a hazard; said that some insurance companies might not cover them;
- Joe Terry
- - Hermosa Beach, said he supported the experimental use of new technology and this device was revolutionary; said banning new technology sends the wrong message to children; said safety issues could be addressed and thought companies renting the devices would assume liability for injury;
- Bob Aronoff
- - Hermosa Beach, said the State of California has determined these unique devices as alternative transportation for those with limited mobility, that they were not electric skateboards or scooters, and the Council did not have to worry about opening flood gates because the $4,500 price would limit their use; said they were used by the elderly, not young kids, that they are self balancing, allow complete control, and could move at 12.5 miles per hour, but noted that control, not speed, was the issue because they can move around furniture and in stores and were designed to co-exist with pedestrians;
- Dean Francois
- - Hermosa Beach, Friends of South Bay Bicycles Paths, said he was opposed to paving any more of the beach because his primary concern was the environment, and the Strand was for recreation; said the devices could be used on the streets, but the Strand should be for self-propelled vehicles only; said that simple rule would eliminate the need for an ordinance;
- Wanda Johnston
- - Hermosa Beach, said the Strand was for pedestrians; said bicycles go too fast and endanger walkers, but at least they are self-propelled; said motorized vehicles do not belong on the Strand; and
- Jason Stunweir
- - Hermosa Beach, said that a Los Angeles City task force, with a diverse group of people, performed a risk management study and concluded that Segways should not be completely banned in the City of Los Angeles because of environmental benefits but should be regulated instead with common sense restrictions.
Action: To waive full reading and introduce Ordinance No. 04-1236, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE OPERATION OF ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES ("EPAMDs") ON THE STRAND, ON PIER PLAZA, AND ON SIDEWALKS IN THE COMMERCIAL ZONES OF THE CITY, AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE" as amended this evening to add Pier Plaza to the locations where the devices would be prohibited, and to appropriately change the wording of the exception from "people unable to walk" to the State language to read "any person, who by reason of physical disability, is unable to move about as a pedestrian," with the additional requirement that the person also have in his or her possession a State-issued disabled parking placard.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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STATUS REPORT ON WIFI/BROADBAND SYSTEM INSTALLATION BY THE CITY ON A PHASED APPROACH. Memorandum from City Manager Stephen Burrell dated January 8, 2004 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
At 11:28 p.m., Mayor pro Tempore Yoon recused himself from this item out of concern that there may be a conflict concerning his employment with a cable modem internet provider.
Action: To approve the staff recommendation to:
- Review and approve the proposal to install Wifi (wireless fideltity-802-11a/g) Broadband System network in the City in a phased approach; and
- Direct staff to return with agreements for the required purchases and installation services.
Motion Reviczky, second Mayor Keegan. The motion carried, noting the absence of Yoon.
At 11:45 p.m., the order of the agenda moved to item 6.a.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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CITY HALL OPERATING HOURS. Memorandum from City Manager Stephen Burrell dated December 29, 2003 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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CITY COUNCIL COMMITTEE ASSIGNMENTS - JANUARY 2004. Memorandum from City Clerk Elaine Doerfling dated December 24, 2003 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated January 7, 2004 (PDF File).
Action: Council consensus was to continue the item to the next meeting of January 27, 2004, due to the lateness of the evening.
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OTHER MATTERS - CITY COUNCIL - None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
Earlier in the evening, following public participation, City Manager Burrell requested that the Council consider adding an item to the closed session, a workers' compensation case involving the City and Michael Schubach.
Action: To add to the closed session agenda (as item 5) a workers' compensation case involving Michael Schubach, based on the findings that the issue arose after the posting of the agenda and required immediate action.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
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MINUTES:
Approval of minutes of Closed Session meeting held on December 9, 2003.
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CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
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| Property: | Two contiguous parcel fronting 2nd and 3rd Streets, APN 4188-028-070 & 073 |
| Negotiating Parties: | Stephen Burrell and Crosswind Capital, Inc. |
| Under Negotiation: | Price & Terms of Payment |
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CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
| City Negotiator: | Stephen Burrell |
| Employee Organizations: | Hermosa Beach Police Officers Association |
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PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
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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) |
| Name of Case: | Schubach v. City of Hermosa Beach |
| WCAB Number: | AHM 0094390 |
| CLAIM Number: | 01-24846 |
| ACS Number: | 1154-727 |
ADJOURNMENT TO CLOSED SESSION
- The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 14, 2004, at the hour of 12:14 a.m. to a closed session.
RECONVENE TO OPEN SESSION
- The Closed Session convened on Wednesday, January 14, 2004, at the hour of 12:25 a.m. At the hour of 1:40 a.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 Wednesday, January 14, 2004, at the hour of 1:41 a.m. to the Regular Meeting of Tuesday, January 27, 2004, at the hour of 7:10 p.m.
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