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City Council Minutes February 24, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, February 24, 2004, at the hour of 7:16 p.m.
PLEDGE OF ALLEGIANCE
Sam Perrotti
ROLL CALL
Present: Edgerton, Reviczky, Tucker, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Councilmember Edgerton praised Mayor pro Tempore Yoon for his persuasive abilities at the CalTrans meeting the previous evening at which the issue of banners on Pacific Coast Highway was discussed.
Mayor pro Tempore Yoon said funds were being lost to the Education Foundation and other local non-profit organizations because CalTrans was now enforcing a regulation that had not been enforced since the inception of the City's banner program and did not permit the banners on Pacific Coast Highway. He said after months of trying to get together with CalTrans, and with the help of State Senator Debra Bowen and State Assemblyman George Nakano, he and Councilmember Edgerton, along with Roger Bacon and representatives of the Education Foundation finally met with CalTrans and it appears that the program will resume, although there are details to be worked out which will be discussed when this item is heard on tonight's agenda. He also mentioned that he would be running in the Sand and Strand race on Sunday, February 29, and challenged everyone to join him.
Mayor Keegan thanked Maggie Moir for almost two years of the Last Saturday Puppet Theater and said that on Saturday, February 28, ger and Mousedeer would be presented at the Community Center at 10:00, 11:00 a.m., and 1:00 p.m.
City Clerk Doerfling said due to numerous cancellations, the County was in dire need of poll workers for the election on Tuesday, March 2, and anyone interested should call 1-800-815-2666 (press option 7 at the prompt). She said applications were available in the City Clerk's Office, which could be faxed to the County.
CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 10, 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:
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Linda Wolin
- - representing the Hermosa Beach School Board, urged support of Proposition 55, which would provide $1.9 million in matching funds for money received for the schools from Measure J; and
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Maggie Moir
- - Hermosa Beach, said the Last Saturday Puppet Theater was celebrating almost two years of performances, and announced the presentation on Saturday, February 28, of "ger and Mousedeer,” a story of a tiger bully taught a lesson by a mousedeer, with music and workshops for children between performances. She also expressed appreciation to the City for its plan to provide free wireless internet for residents, particularly for those retired or disabled on fixed incomes.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (b) Yoon, (g) Reviczky and (h) Yoon.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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Recommendation to approve the following minutes:
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the minutes of the Regular meeting held on January 27, 2004; and,
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the minutes of the Adjourned Regular meeting held on February 10, 2004.
Action: To approve as presented the City Council minutes of the Regular meeting of January 27, 2004, and the Adjourned Regular meeting of February 10, 2004.
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Recommendation to ratify check register 35656 through 35787 and to approve the cancellation of check no. 35407 as recommended by the City Treasurer.
This item was removed from the consent calendar by Mayor pro Tempore Yoon for separate discussion later in the meeting concerning the $39,000 check written to Redondo Beach for the Wave. He asked when this item would appear on the Council's agenda again with an accurate cost per ride for Hermosa Beach and other pertinent information to analyze how efficient and economical this service is for the City.
City Manager Burrell said the item would appear on the March 23 agenda and that Redondo Beach had hired a consultant to provide data and he would try to get a draft copy of the consultant's report well before that meeting.
Action: To direct staff to forward to the Council a draft of the consultant's presentation as soon as possible.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
Action: To ratify the check register as presented.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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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 January 2004 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 January 2004 financial reports, as recommended by staff.
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated February 12, 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 receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2004.
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2004, as recommended.
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Recommendation that the City Council set a date for review of the 2004-2005 budget for Thursday, May 27, 2004 at 7:10pm. Memorandum from Finance Director Viki Copeland dated February 18, 2004 (PDF File).
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Action: To set a date for review of the 2004-2005 budget for either Tuesday, May 18, or Tuesday, June 1, 2004 at 7:10 p.m.; Councilmembers to contact the City Manager to confirm the date after checking their calendars.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of February 17, 2004.
This item was removed from the consent calendar by Mayor pro Tempore Yoon for separate discussion later in the meeting.
Action: To direct staff to agendize, for the March 23 meeting, Council review and reconsideration of the Planning Commission approval of a project at 238 Pier Avenue (Item No. 11 on the Commission Minutes of February 17, 2004).
Motion Mayor Keegan, second Edgerton.
Further Action: To receive and file the remainder of the action minutes of the Planning Commission meeting of February 17, 2004.
Motion Yoon, second Edgerton. The motion carried with a unanimous vote.
Councilmember Edgerton requested additional information on Planning Commission item 14a regarding review of CUP's for Sharkeez, Sangria, and the Pitcher House. City Manager Burrell said he would provide computer printouts from the Police Department.
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CONSENT ORDINANCES
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ORDINANCE NO. 04-1237 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE GRANTING OF DENSITY BONUSES FOR PROJECTS WITH AFFORDABLE HOUSING." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 11, 2004 (PDF File).
City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced at the previous meeting by a 3-2 vote.
Action: To waive full reading and adopt Ordinance No. 04-1237.
Motion Reviczky, second Edgerton. The motion carried by the following vote:
AYES: Reviczky, Tucker, and Mayor Keegan
NOES: Yoon and Edgerton
ABSTAIN: None
ABSENT: None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(b) was heard at 7:29 p.m. At 7:38 p.m., the order of the agenda was suspended to go to public hearing items 5(a), (b) and (c).
Items 2(g) and (h) were heard at 11:20 p.m. At 11:28 p.m., the order of the agenda moved to item 9(a).
Public comments on items removed from the consent calendar are shown under the appropriate item. All items are shown in order for clarity.
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PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
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TEXT AMENDMENT REGARDING LIMITATIONS OF OPEN SPACE COVERAGE FOR TRELLIS STRUCTURE. (Continued from meeting of February 10, 2004) Memorandum from Community Development Director Sol Blumenfeld dated February 10, 2004 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council question.
The public hearing opened at 7:50 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:50 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 04-1238, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTIONS 17.04.040, 17.10.020K.2, 17.12.080B, 17.14.080B AND 17.16.080B TO DEFINE "TRELLIS” AND TO CLARIFY THE COVERED OPEN SPACE REQUIREMENTS IN MULTI-FAMILY ZONES."
Motion Tucker, second Edgerton. The motion carried, noting the dissenting vote of Reviczky.
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FISCAL YEAR 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS FOR THE FOLLOWING:
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AN ESTIMATED $101,857 FOR THE CONTINUING PROJECT TO RETROFIT THE COMMUNITY THEATER AND CENTER FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
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AN ESTIMATED $11,300 TO ADMINISTER THE CDBG PROGRAM IN ACCORDANCE WITH COUNTY AND FEDERAL REGULATIONS.
Memorandum from Community Development Director Sol Blumenfeld dated February 9, 2004 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council question. City Manager Burrell also responded to Council questions.
The public hearing opened at 8:02 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:02 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 04-6327, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2004-2005.”
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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APPEAL OF PLANNING COMMISSION'S APPROVAL ON JANUARY 20, 2004, OF PRECISE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN FOR A MIXED USE BUILDING WITH THREE RESIDENTIAL CONDOMINIUMS ABOVE COMMERCIAL AT 30-44 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated February 17, 2004 (PDF File). Supplemental letter dated February 14, 2004 from Jay Schuster and Patricia Zingheim, owners of the subject property. Supplemental letter dated January 12, 2004 from Julie Oakes, project architect.
Community Development Director Blumenfeld presented the staff report and responded to Council question. City Manager Burrell also responded to Council questions.
The public hearing opened at 8:36 p.m. Coming forward to address the Council on this item were:
- Julie Oakes
- - Hermosa Beach, project architect, reviewed the history of the project, noting that a geotechnical report revealed liquefaction and water table problems, making subterranean parking infeasible and forcing the parking to be moved to ground level; said the turning radius and parking requirements were in compliance with a multi-use facility; said the handicap space is behind the gates of the residential parking area (which would remain unlocked during the day) to allow access from the alley as required by the Coastal Commission; said this plan would be less intrusive than a commercial 30-foot high box built from property line to property line;
- Helen Ramirez
- - Hermosa Beach, spoke in support of the project and mixed use in general; said being able to walk to restaurants and grocery stores was a good idea, said residents become the eyes and ears of the area after business hours; supported residential and commercial occupants working together as good neighbors to provide additional housing in Hermosa Beach in this limited and expensive market;
- Skip Blomer
- - Hermosa Beach, said relocating the subterranean parking to the ground level reduced the commercial square footage, which would reduce sales tax to the City; noted the difficult turning radius and said access from Palm Drive via Lyndon would be a better solution but Palm Drive is one way with no sidewalks used by pedestrians and bicyclists; suggested that the City identify more clearly that Palm Drive is a one-way street or change it to a two-way street in this section;
- Charlotte Cross
- - Hermosa Beach, said that she had been opposed to this project from the beginning; pointed out that no mention had been made of where employees would park; said she would simply rather see a commercial development than the mixed use proposal;
- Sam Perrotti
- - Hermosa Beach, said there should not be too much concern about the future conversion of the ground level to residential if the commercial development is not successful since that would require an amendment to the recorded CC&R's by the homeowner's association established for this property;
- Steve Compas
- - Hermosa Beach, said he had lived in the City for 35 years and objected to developers cramming people into small spaces and compromising parking; said he wanted to see a halt to condominiums; urged the Council to be careful because if this project is approved, it would open the flood gates for many more like it;
- Cliff Scholnick
- - Hermosa Beach, opposed the project because of the impact it would have on the neighborhood, where he has lived for 20 years; said Palm Drive was a narrow alley and, when the day care center was there, parents picking up their children double parked in the alley and blocked residents coming home from work; suggested that Hermosa Avenue be used for access instead; noted that the crosswalk providing access to the beach was not repainted after the street was re-paved;
- Robert Sherwin
- - Hermosa Beach, said the project was merely a condo project with a token amount of commercial to qualify for mixed use; said neighbors were being threatened with a 30 foot high box, property line to property line, to make this project look more acceptable;
- Jay Schuster
- - property owner, said they were not developers or realtors and had lived in Hermosa Beach and Manhattan on and off for over 20 years; said they wanted to be good neighbors and thought the proposed project would add value to the neighborhood; and
- Pat Zingheim
- - property owner, said they plan to own the commercial units and rent them, that there might be a commercial tenant who would want two units instead of one.
The public hearing closed at 9:20 p.m.
Proposed Action: To adopt the draft resolution sustaining the Planning Commission's approval, with an additional condition (16a) to apply a finish to the parking area to alleviate squealing when parking.
Motion Tucker. The motion died for lack of a second.
Action: To overturn the Planning Commission approval and deny the project and direct staff to prepare a resolution for adoption at the next meeting.
Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Tucker.
The meeting recessed at 9:54 p.m.
The meeting reconvened at 10:10 p.m., with item 6(a).
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MUNICIPAL MATTERS
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REGULATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ("EPPAMDS") (PDF File)
City Attorney Jenkins presented the report and responded to Council questions.
Coming forward to address the Council on this item were:
- Robert Aronoff
- - Hermosa Beach, said the City of Los Angeles has ordered a six month study and has only minor restrictions on Segways such as not drinking and driving; recommended that the Council take no action at this time, and instead take the time to study the issue; said it would benefit the public if the Council sent the matter to a commission for investigation; said the Chariot recently featured in a Pep Boys ad for $1,000 is not the same and does not meet the definition of the device even though it looks very similar; and
- John Hales
- - Hermosa Beach, said he has spent a lot of time on the Strand for many years; showed Councilmembers the Pep Boys ad from last Sunday's Los Angeles mes; encouraged enforcement of the City's long-time policy of no motorized recreational vehicles on the Strand and sidewalks in town, no matter what their design.
Action: To waive full reading and adopt 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 COD"E
Motion Reviczky, second Edgerton. The motion carried by the following vote:
AYES: Edgerton, Reviczky, Tucker, Yoon and Mayor Keegan
NOES: None
ABSTAIN: None
ABSENT: None
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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DISCUSSION AND STATUS REPORT ON THE BANNER PROGRAM FOR PACIFIC COAST HIGHWAY. Memorandum from City Manager Stephen Burrell dated February 19, 2004 (PDF File).
Subcommittee member Yoon reported on the recent meeting with CalTrans District No. 7 Director Doug Failing and his External Affairs Director Deborah Robertson, Arlene Pinsler from State Senator Debra Bowen's office, David Fine of State Assemblyman George Nakano's office, Doug Breen of the School Board, members of the Education Foundation, and fellow subcommittee member Edgerton. He spoke of an option that would allow continuance of the banner program and give the City greater control of Pacific Coast Highway (PCH), saying that the City can petition CalTrans to relinquish the portion of PCH that runs through Hermosa Beach, which will help the City in many ways beyond the banner program. He said Hermosa Beach would have responsibility for maintaining PCH but CalTrans would provide funding, at least in the beginning. He said legislation would be required if the Council makes that request, but representatives from Senator Bowen's and Assemblyman Nakano's office seemed to think it would be a fairly routine matter and a reasonable accommodation. He said the legislation would allow the City to place banners on PCH in 2005 and that City staff was preparing a letter for Council consideration to request the relinquishment and a negotiation period would begin which would allow flexibility in the present implementation of the CalTrans rules, and pending a conversation Doug Failing will have with his CalTrans superiors, the City may be allowed to hang the banners on PCH again in the next 30-60 days.
City Manager Burrell said along with the formal request to CalTrans for relinquishment, there must also be a letter requesting it be added to a bill, no later than August with the effective date January 1, 2005, and if the Council wishes to proceed Senator Debra Bowen's office would assist in the process.
Coming forward to address the Council on this item were:
- Maria Flannigan
- - Hermosa Beach, co-President of the Hermosa Beach Education Foundation, thanked the entire Council for their support and especially Mayor pro Tempore Yoon for his tenacity in making sure this meeting took place and Councilmember Edgerton for his leadership and legal expertise; said she was very happy about the added bonus of funds to beautify PCH; and
- Abel Ybarra
- - Hermosa Beach, spoke about 40-foot wide banners versus 30-foot banners and said that there were sponsors willing to advertise on the more narrow banners, citing recent examples of Toyota and Amstel Light; asked that if no one else wanted the location that the current banner remain until someone wanted to replace it (City Manager Burrell said the whole program would be agendized soon to discuss further details of the program).
Action: To direct staff to followup with CalTrans to set up negotiations for the eventual relinquishment of Pacific Coast Highway to the City, and to develop an interim program to install the banners as soon as possible.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
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WIRELESS BROADBAND SYSTEM PHASE I INSTALLATION COSTS AND APPROPRIATION OF $35,000 TO FUND THE PROJECT. Memorandum from City Manager Stephen Burrell dated February 19, 2004 (PDF File).
Mayor pro Tempore Yoon recused himself due to a potential conflict of interest since his employer is a provider of high-speed Internet access.
City Manager Burrell presented the staff report and responded to Council questions, stating that this plan would be less expensive and better than the previous proposal earlier in the year.
Coming forward to address the Council on this item were:
- Joe Terry
- - Hermosa Beach, a computer services provider, said this service is coming all over the country, is already at Starbuck's and UCLA, and eventually at all colleges; said this type of service is usually provided by government rather than private companies; said this service will be a boon for all mobile professionals such as realtors and city workers in the field, and that costs up front can be recovered later; and
- No name given
- - Hermosa Beach, said he was real estate broker and operated Beach Cities Property Management, expressed concern with the accuracy of the costs, as T-1 and T-3 lines were expensive; noted maintenance costs because the antennas will be damaged by the beach climate; said more study was required before funds are allocated for this project; said that there was a wealth of information at http://www.cispa.org (California Internet Service Provider's Assn.), and Mark Esser in the City of Lomita, said the City of Los Angeles tried this but quickly abandoned the project; said that he had been investigating the possibility of providing wireless service to the City on a microwave basis, which is more secure and would be more apt to be used safely by businesses and by consumers purchasing on the internet.
Action: To approve the staff recommendation to:
- Appropriation $35,000 to fund the initial installation of the Wireless Broadband System Phase I;
- Direct the City Manager to execute the required purchase orders for the equipment and services which includes all system components, pole attachments, and operating system;
- Direct staff to return with an advertising/sponsorship program to offset the ongoing operating costs once the system in fully installed citywide; and
- Direct staff to provide monthly reports on the operations and usage of the system.
Motion Reviczky, second Mayor Keegan. The motion carried, noting the dissenting vote of Tucker, and the absence of Yoon.
At 11:20 p.m., the order of the agenda was suspended to go to item 4, consent calendar items removed for discussion, with all members present.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
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Request from Councilmember Reviczky to adopt a resolution urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States.
Councilmember Reviczky spoke to his request and asked that the Council support the adoption this evening of a resolution addressing extradition problems with Mexico.
Action: To adopt Resolution No. 04-6328, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE PRESIDENT AND CONGRESS TO UTILIZE ALL MEANS AVAILABLE TO PERSUADE MEXICO TO AMEND ITS CURRENT EXTRADITION POLICY TOWARD INDIVIDUALS ACCUSED OF COMMITTING CAPITAL CRIMES IN THE UNITED STATES."
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
At this time, City Attorney Jenkins requested that the Council consider adding an item to the closed session in reference to the lawsuit with the City of Redondo Beach regarding the Heart of the City project.
Action: To add to the closed session agenda (as item 5) an item in reference to the lawsuit with the City of Redondo Beach regarding the Heart of the City project, based on the findings that the issue arose after the posting of the agenda and required immediate action.
Motion Yoon, second Mayor Keegan. The motion carried by a unanimous vote.
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MINUTES:
Approval of minutes of Closed Session meeting held on February 10, 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 |
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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: | City of Hermosa Beach v. City of Redondo Beach |
| Case Number: | BS075570 |
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 24, 2004, at the hour of 11:31 p.m. to a Closed Session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 11:38 p.m. At 12:40 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, February 25, at the hour of 12:41 a.m. to the Regular Meeting on Tuesday, March 9, 2004, at the hour of 7:10 p.m.
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