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City Council Minutes January 27, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 27, 2004, at the hour of 7: 16 p.m.
PLEDGE OF ALLEGIANCE
- Joe Terry
ROLL CALL
Present: Edgerton, Reviczky, Tucker, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
- Mayor pro Tempore Yoon asked the status of the meeting with CalTrans to discuss the prohibition of the banner on Pacific Coast Highway; said he would be available anytime in the next two weeks, noting that the loss of revenue from this banner location is detrimental to the schools. (City Manager Burrell said that he had emailed CalTrans about a meeting on Friday, January 30 at 3:00 at Hermosa Beach City Hall but had not heard from CalTrans yet.)
Mayor Keegan reminded everyone about The Crane Daughter at the last Saturday Puppet Show on January 31 at the Community Center.
Councilmember Reviczky said the American Martyrs calendar featured wonderful photos taken by local photographer Chris Miller who was present in the audience.
PROCLAMATIONS / PRESENTATIONS
HERMOSA BEACH CITY SCHOOL DISTRICT CENTENNIAL
Students from Hermosa Valley School: Matt Cohen, Student Body Vice President; Jack Stulic, Student Body President; and, Olivia Terry, Student Body Secretary, said they were honored to represent Hermosa Beach students. Mayor Keegan presented a proclamation to them, declared 2004 the Centennial Year for the School District, and said there would be numerous celebrations throughout the year.
PRESENTATION BY LEADERSHIP HERMOSA
The Leadership Hermosa Class of 2003 was present in the audience and three of its members discussed their experience.
- Eric Von Poppelen
- - thanked the City Council and Carla Merriman of the Chamber of Commerce for their support of the program; said a number of cities have Leadership programs and the intent is for citizens and merchants to learn more about their city and how it is run; described their 2003 class project, which was to summarize the program, with adjustments to the curriculum established by Art Yoon, and to make it self-funding and self-managed;
- Jeff Murphy
- - thanked the Council for its support; said he wanted to use his skills to enrich the City which had provided a wonderful lifestyle for his family; said he gained respect for the staff as he learned the functions and the challenges of each department, now had a clearer understanding of community issues which will enable him to make better decisions, had forged friendships with others who are passionate about improving the City, and had learned of the broad range of city-based charitable organizations; and
- Maureen Ferguson
- - said Leadership Hermosa was comprised of a diverse cross section of the community that shared a common thread about being passionate about Hermosa and believed they could make a difference; said she was Membership Chair for the class of 2004 and hoped that many would see the value of the $75 class fee for 12 months of lectures, questions & answer sessions, and a field trip or two; said applications were available at the Chamber of Commerce or online at www.LeadershipHermosa.org; thanked Art Yoon and her colleagues in the class of 2003 for the opportunity to participate; thanked the Backburner for allowing them to meet there.
Mayor pro Tempore Yoon thanked the class of 2003 for their commitment of time and energy; said it was great that they were going to sustain the program and wished them well in recruiting; noted the diverse group of individuals who had participated; and said looked forward to the State of City address by Mayor Keegan.
Mayor Keegan presented City pins to each member of the Class of 2003 and congratulated them on their dedication.
Councilmember Reviczky thanked all who participated for their perseverance and thanked Art Yoon for his time and commitment to this successful program.
HERMOSA BEACH PARAMEDICS
Mayor Keegan presented commendations to Fire Department personnel Kim Bridges, Mike Garafano, and Paul Hawkins, stating that in 1999 they began taking weeklong trips to Loreto, Mexico, twice a year, on their own time, to provide paramedic training; said that he had witnessed their work in November and admired their commitment; said that the people of Loreto were appreciative of their efforts and those of the Hermosa Beach Sister City Association, which sponsors the paramedic program.
Kim Bridges said in the four to five years they had been going to Loreto, they had received incredible support from the Hermosa Beach Sister City Association, which paid for their airfare, and from Loreto residents, who providing lodging; said Loreto was going to have the first paramedics in Baja, noting that the program grew from teaching first aid, including CPR, to help people survive on the 2½ hour journey to the nearest hospital; said he looked forward to continuing the program.
City Clerk Elaine Doerfling presented the Humanitarian Award trophy that was awarded to the Hermosa Beach Sister City Association on January 17 by the United State/Mexico National Sister Cities Association at its annual conference, which this year was successfully hosted by the cities of Hermosa Beach, Manhattan Beach and Redondo Beach, noting this was the second year of receiving the Humanitarian award, which was largely due to the wonderful paramedic program that the Hermosa Beach Sister City Association proudly sponsored.
Councilmember Reviczky noted that City Clerk Doerfling is president of the Hermosa Beach Sister City Association, said these were the kinds of activities sponsored by the association, and encouraged the community to continue to support this fine organization.
CLOSED SESSION REPORT FOR MEETING OF JANUARY 13, 2004: NO REPORTABLE ACTIONS.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications this evening.
Coming forward to address the Council at this time were:
- Mary Zachary
- - said she was a former owner of the house at 100 The Strand; that the current owner William Campbell told her he did not want to tear down the house but the Council wanted to demolish all structures 50 years or older; distributed to Council a photograph and information regarding the history of the house; said she had not requested that the house become a historic landmark because she never believed it would be at risk and wanted to allow future owners the opportunity to modernize the house if they wished; said she understood that the house was scheduled for demolition February 1 (City Attorney Jenkins said Hermosa was one of the few cities that had a historic preservation ordinance which provided a procedure to protect historic structures; suggested contacting the Community Development Department for more information. City Manager Burrell suggested a 9:00 a.m. meeting tomorrow between all concerned parties and staff);
- Jeff Duclos
- - Hermosa Beach, said that the General Plan encouraged preserving older structures and hoped that the Council would be pro-active in this case, although he was concerned because of the buyer/seller dynamics involved;
- Skip Blomer
- - Hermosa Beach, referred to agenda item 2(f) and asked the Council to investigate parking and traffic concerns associated with the project at 30-44 Hermosa Avenue (item 7 on the action minutes for the January 20 Planning Commission meeting); and
- Albert Roman
- - Hermosa Beach, said he, Loretta Kreps, and Amy Wynn had been practicing falun gong at 14th Street and the Strand; discussed persecution in China for those practicing falun gong; expressed his appreciation to Congresswoman Jane Harman for recent legislation supporting the right to practice falun gong.
Regarding the house at 100 The Strand, City Attorney Jenkins said, if the Council desired, a discussion of the issue could be added to the agenda, by a 4/5 vote of the Council, because it was an item which came to the attention of the Council after the posting of the agenda and which required immediate attention.
Action: To add to the agenda, immediately following item 6b, a discussion concerning 100 The Strand based on the findings that the issue came to the attention of the Council after the posting of the agenda and that it required immediate action.
Motion Edgerton second Reviczky. The motion carried by a unanimous vote.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (f) Tucker, (i) Reviczky, and (j) Mayor Keegan.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
At 8:04 p.m., the order of the agenda was suspended to go to public hearing item 5(a).
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Recommendation to receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of the Regular meeting of January 13, 2004.
Action: To receive and file the memorandum, as recommended.
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Recommendation to ratify check register No. 35374 through 35524, inclusive.
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 memorandum from Finance Director Viki Copeland regarding the December 2003 financial reports (PDF File).
Action: To receive and file the memorandum, as recommended.
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 12, 2004.
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 12, 2004.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of January 20, 2004.
Councilmember Tucker removed this item from the consent calendar for separate discussion later in the meeting.
Action: To conduct a Council review of Planning Commission agenda Item No. 7 (mixed use project at 30-44 Hermosa Avenue) at a public hearing scheduled for the Council meeting of February 24, 2004.
Motion Tucker, second Mayor Keegan.
Further Action: To receive and file the balance of the action minutes of the Planning Commission meeting of January 20, 2004.
Motion Tucker, second Reviczky. 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 January 5, 2004.
Action: To receive and file the status report of capital improvement projects that are either under design or construction, as recommended by staff.
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Recommendation to adopt resolution supporting the Coastal Corridor Transportation Initiative. Memorandum from Public Works Director Richard Morgan dated January 21, 2004 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6321, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE COASTAL CORRIDOR TRANSPORTATION INITIATIVE."
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Recommendation to receive and file report on Workers' Compensation. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 22, 2004 (PDF File).
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Personnel Director/Risk Manager Earl and City Manager Burrell responded to Council questions.
Action: To receive and file the report on workers' compensation, as recommended by staff, and agendize a discussion of how Hermosa Beach's workers' compensation rates and percentages compare with other cities.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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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 | Pizer, Toni |
| Date of Loss | 10-18-03 |
| Date Filed | 01-14-04 |
| Claimant | O'Brien, Todd |
| Date of Loss | 01-08-04 |
| Date Filed | 01-08-04 |
This item was removed from the consent calendar by Mayor Keegan for separate discussion later in the meeting in order to ask when the City Hall handrails would be replaced, as one of the claims involved a broken one.
City Manager Burrell responded to Council questions, saying that the issue of replacing the City Hall handrails would be on the agenda at the February 10 meeting.
Action: To deny the subject claims and refer them to the City's Liability Claims Administrator, as recommended by staff.
Motion Mayor Keegan, second Reviczky. The motion carried by a unanimous vote.
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Recommendation to adopt resolution to reverse the Planning Commission decision and approve a variance to lot coverage at 259 31st Street. Memorandum from Community Development Director Sol Blumenfeld dated January 27, 2004 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6322, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE FROM LOT COVERAGE REQUIREMENTS AT 259 31ST STREET, LEGALLY DESCRIBED AS LOT 19, BLOCK 117, SHAKESPEARE TRACT."
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Recommendation to deny application to present a late claim. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 20, 2004 (PDF File).
Action: To deny the application to present a late claim, as recommended by staff.
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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 January 21, 2004 (PDF File).
City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been reintroduced as amended at the last meeting.
Action: To waive full reading and adopt Ordinance No. 04-1235.
Motion Reviczky, second Mayor Keegan. The motion carried by the following vote:
AYES: Edgerton, Reviczky, Tucker, Mayor Keegan
NOES: Yoon
ABSTAIN: None
ABSENT: None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(f), (i), and (j) 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 10:33 p.m. the order of the agenda returned to item 7(a).
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PUBLIC HEARINGS
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CONSIDERATION FOR APPROVAL OF 2004 ST. PATRICK'S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 13, 2004 AND SUNDAY, MARCH 14, 2004. Memorandum from Community Resources Department dated January 20, 2004 (PDF File)
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:05 p.m. Coming forward to address the Council on this item were:
Travers Devine - Hermosa Beach, said the parade would begin at 11 a.m. Saturday, March 13, starting at Pier and Valley, then turning south on Hermosa Avenue and ending at Eighth Street; said the festival on Pier Plaza would include Irish entertainment, a kiddie carnival, a petting zoo, and a food court;
Richard Stevens - Redondo Beach, asked why a simple parade had to be turned into a two-day event; and
Travers Devine - said the profits from the festival paid for costs associated with the parade; said that City costs for the event, which are paid out of the Downtown Enhancement Fund, would not exceed $15,000; said only half of Lot B was needed and his drawing would be revised.
The public hearing closed at 8:10 p.m.
Action: To approve the recommendation by the Parks, Recreation and Community Resources Commission and staff to:
- Approve the request from the South Bay St. Patrick's Day Weekend Committee to hold its annual St. Patrick's Day Parade on March 13, 2004;
- Approve the event contract and street closures as requested; and
- Approve the following fee waiver/funding requests:
- Allocation from the Downtown Enhancement Fund to cover direct costs for City services, not to exceed $15,000;
- $2,000 from Proposition A Transportation Funds for shuttle bus service from the Mira Costa parking lot to the Festival;
- Waiver of indirect City fees: parking fees, banner fees, and amplification sound permit fees;
- Billing for Police, Fire and Public Works services at actual hourly cost;
- Utilization of City Parking Lot A for a kiddy carnival and petting zoo, 11th Street between Beach and Hermosa avenues for a food court, and Parking Lot B between 13th Street and 13th Court for operations compound;
- Closure of Valley Drive from Eighth Street to Pier Avenue Saturday from 7 a.m. to 1 p.m. for parade line up;
- Closure of Hermosa Avenue from 13th Street to Eighth Street Saturday, from 10 a.m. to 12:30 p.m. for the parade; and
- Closure of 11th Street from Hermosa Avenue to the parking lot entrance from 7 a.m. Saturday, March 13, to 7 p.m. Sunday, March 14.
Motion Tucker, second Reviczky. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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FILM PERMIT POLICY AND FEE SCHEDULE. Memorandum from Community Resources Department dated December 17, 2003 (PDF File). (Continued from meeting of January 13, 2004.)
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item was:
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Michael Moore
- - President of Raleigh Studios, Manhattan Beach and Hollywood, said as a resident of Hermosa Beach, he saw both sides of the issue; hoped that his clients would be able to obtain film permits when they needed them; gave a recent example of a reality show which was shooting for 20 days in the City, which precluded anyone else from obtaining a film permit until their shoot was complete; asked if a premium could be paid to provide additional staff to process a second permit (City Manager Burrell noted that since there was an ongoing relationship with Raleigh Studios, possibly a master schedule could be prepared with advance information from Raleigh Studios to facilitate processing their permits and suggested that the matter be discussed with Mr. Moore before the next Council meeting, at which time this possibility could be explored further)
Action: To continue the item to the meeting of February 24, 2004.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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PROJECT NO. CIP 02-189 STREET IMPROVEMENTS - MYRTLE AREA. Memorandum from Public Works Director Richard Morgan dated January 21, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions.
Coming forward to address the Council on this item were:
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Blair Smith
- - Hermosa Beach, said that there were 16 lots on the street and that 12 of the property owners had agreed to pay for the concrete gutters; said their proposal was only a temporary repair and the street should be completely reconstructed so it did not deteriorate due to standing water on the asphalt; and
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Gene Dreher
- - Hermosa Beach, agreed that the street should be protected but did not agree that the City should pay for the gutters requested by the residents, especially in light of the State budget crisis.
Action: To provide gutters, as requested by the residents, if the project is fully funded by the residents.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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(1) POSSIBLE HISTORIC PRESERVATION - HOUSE AT 100 THE STRAND
City Attorney Jenkins said Municipal Code Section 17.53 allows nomination of a structure for historic preservation by the property owner or by the City, which he said should be the Council rather than staff. He said a nomination would revoke any demolition or building permit issued to the property and, if the Council nominated this evening for historic preservation, a public hearing would be held to determine if the house met the criteria. He then responded to Council questions.
Action: To nominate the house at 100 The Strand as a historical resource and direct staff to agendize the item for the next meeting on February 10.
Motion Yoon, second Mayor Keegan. The motion carried, noting the dissenting vote of Edgerton.
The meeting recessed at 9:30 p.m.
The meeting reconvened at 9:50 p.m., with item 6(c).
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APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROJECT NO. CIP 00-630 PIER RENOVATION - PHASE III. Memorandum from Public Works Director Richard Morgan dated January 21, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions, noting that the Council subcommittee (Edgerton and Tucker) would attend a meeting on this project the following day. City Manager Burrell also responded to Council questions.
Coming forward to address the Council on this item was:
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John Hales
- - Hermosa Beach, said that between 1930 and 1970 there was a 40-foot flagpole on Pier Avenue at Hermosa and requested that a flagpole of about 15-20 feet high be installed at the Pier Plaza as part of the Phase III of the pier design.
Action: To approve the staff recommendation to:
- Approve the Fifth Amendment to the Professional Services Agreement with Purkiss Rose-RSI for the not-to-exceed amount of $50,000 to revise the plans and specifications for CIP 00-630 Pier Renovation - Phase III; and
- Approve re-bidding the project.
Motion Reviczky, second Mayor Keegan. The motion carried by a unanimous vote.
Further Action: To obtain from the architect the cost of a 15-20 foot flagpole at Pier Plaza.
Motion Tucker, second Edgerton. The motion passed by consensus.
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REPORT ON PERSONNEL COMPLAINT FORM. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 22, 2004 (PDF File).
Personnel Director Earl presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, noting that complaints would be filed with the City Clerk, who would forward copies to the Personnel Department for processing.
Action: To direct staff to present the complaint form in its final configuration, including the proper procedure, at a future meeting.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
At 10:20 p.m., the order of the agenda was returned to item 4, consent calendar items removed for discussion.
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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). (Continued from meeting of January 13, 2004)
City Manager Burrell presented the staff report and responded to Council questions.
Action: To maintain the current operating hours but to direct staff to make provisions on Fridays for building inspections, possibly at an overtime rate for an inspector, as well as code enforcement.
Motion Reviczky, second Edgerton. The motion carried, noting the dissenting votes of Yoon and Mayor Keegan.
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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). (Continued from meeting of January 13, 2004)
City Clerk Doerfling presented the report and responded to Council questions.
Action: To update the appointment list of committee delegates and alternates (list on file in the City Clerk's office) and adopt Resolution No. 04-6323, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 00-6040 AND AMENDING RESOLUTION NO. 89-5256 BY CHANGING THE CITY'S REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY."
Motion Reviczky, second Mayor Keegan. The motion carried by a unanimous vote.
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REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated January 7, 2004 (PDF File). (Continued from meeting of January 13, 2004)
City Clerk Doerfling presented the report and responded to Council questions.
Action: To receive and file the report, as recommended.
Motion Yoon, second Keegan. The motion carried by a unanimous vote.
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SCHEDULING APPLICANT INTERVIEWS FOR UNSCHEDULED VACANCY OF UNEXPIRED TERM ON PLANNING COMMISSION. Memorandum from City Clerk Elaine Doerfling dated January 21, 2004 (PDF File).
City Clerk Doerfling presented the report and responded to Council questions.
Action: To schedule a meeting at 6:00 p.m. prior to the regular City Council meeting of Tuesday, February 10, 2004, to interview applicants for the unscheduled vacancy on the Planning Commission to fill an unexpired term ending June 30, 2004, with appointment to be made later that evening during the regular Council meeting.
Motion Edgerton, second Reviczky. The motion carried by consensus.
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OTHER MATTERS - CITY COUNCIL
Mayor pro Tempore Yoon asked for an item to be placed on a future agenda to discuss an ordinance to prevent a Councilmember from applying for a municipal job within a certain period after their term ends. City Manager Burrell said that this already exists in the code but only for the position of City Manager. Mayor pro Tempore Yoon withdrew his request.
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 January 13, 2004.
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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 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 |
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 27, 2004, at the hour of 11:05 p.m. to a Closed Session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 11:10 p.m. At 11:55 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, January 27, 2004, at the hour of 11:56 p.m. to an Adjourned Regular Meeting on Tuesday, February 10, 2004, at the hour of 6:00 p.m. for the purpose of conducting Planning Commission applicant interviews, to be followed by the Regular Meeting of that date at 7:10 p.m.
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