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City Council Minutes March 9, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, March 9, 2004, at the hour of 7:17 p.m.
PLEDGE OF ALLEGIANCE
Jennifer Alvarado
ROLL CALL
Present: Edgerton, Reviczky, Tucker, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Councilmember Reviczky announced that the St. Patrick's Parade would begin at 11 a.m. Saturday, March 13, at Pier Avenue and Valley Drive, and that the Festival would take place on the Plaza following the parade and the next day.
Mayor pro Tempore Yoon announced that Mayor Keegan would be giving the City's second annual State of the City address at 7 p.m. Tuesday, May 18, at the Beach House Hotel, noting that the event was sponsored by the Chamber of Commerce and Leadership Hermosa and would be televised several times.
Councilmember Tucker said monthly meetings of the Pacific Coast Highway/ Aviation Boulevard Business Association would resume on Wednesday March 26, at 8:30 a.m.; announced a fundraiser, with entertainment and a silent auction, for the Tim Kelly Memorial Status at Sangria on Sunday, June 27, at 5 p.m., hopefully to collect the remainder of funds needed over the $15,000 already raised; congratulated Supervisor Don Knabe on his reelection.
PRESENTATIONS
PRESENTATION BY
WATER REPLENISHMENT DISTRICT
Adeline Yoong gave a PowerPoint presentation and distributed literature describing the activities of the District and invited all interested parties to participate in the Groundwater Tour Program.
CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 24, 2004:
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications this evening.
Coming forward at this time to address the Council were:
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Doris Nickelson
- - Manhattan Beach, speaking on behalf of Richard "Nick" Nickelson and representing the Kenny Nickelson Memorial Foundation for Homeless Veterans and Children, presented a plaque of appreciation and thanked the Council and Hermosa Beach citizens for their contributions of toys and educational training materials during the Beach Cities Toy Drive, which enabled the Foundation to help needy children in the South Bay and Los Angeles. (Councilmember Reviczky thanked the Nickelsons for their tireless efforts and said that they really make a difference to a group that no other organization reaches); and
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Jennifer Alvarado
- - Hermosa Beach, representing the Hermosa Beach Education Foundation, announced their annual fundraiser would take place on Saturday, March 20, after hours in the Manhattan Village mall in the common area and the Williams Sonoma and Pottery Barn stores with sushi made fresh onsite and a martini bar and a tequila bar from Sharkeez and Sangria; said 100% of the profits will benefit Hermosa Valley and Hermosa View schools and that tickets may be purchased online at www.hbef.com.
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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: (e) Yoon and (i) Reviczky.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
At 7:42 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b).
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Recommendation to approve minutes of the regular meeting of the City Council held on February 10, 2004.
Action: To approve as presented the minutes of the regular meeting of the City Council held on February 10, 2004.
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Recommendation to ratify the check register nos. 35788 through 35910 and to approve the cancellation of check nos. 35872, 35605 and 35843 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).
This item was removed from the consent calendar by Mayor pro Tempore Yoon for separate discussion later in the meeting, in order to recuse himself from voting on this item because one of the future agenda items involved cable TV and his employer is a provider of cable TV.
Action: To receive and file the tentative future agenda items, as presented.
Motion Mayor Keegan, second Edgerton. The motion carried, noting the abstention of Mayor pro Tempore Yoon.
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Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 2, 2004 (PDF File).
| Claimant: | Harris, Elijah |
| Date of Loss: | 11-30-03 |
| Date Filed: | 02-23-04 |
Action: To deny the above noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation to receive and file the action minutes of the Public Works Commission meeting of February 18, 2004.
Action: To receive and file the action minutes of the Public Works Commission meeting of February 18, 2004.
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Recommendation to award contract for the City Hall Handrail Project to ATR Technologies, Inc., Pomona, California, based upon their lowest responsible bid of $28,350.00; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes as necessary within the contingency of $3,000. Memorandum from Public Works Director Richard Morgan dated March 2, 2004 (PDF File).
Action: To approve the staff recommendation to:
- Award the construction contract for the City Hall Handrail Project to ATR Technologies, Inc., Pomona, California, based upon their lowest responsible bid of $28,350;
- Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
- Authorize the Director of Public Works to make minor changes as necessary within the contingency of $3,000.
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Recommendation to authorize a three-year extension of the maintenance contracts with both U.S. Landscapes, Inc. for landscape maintenance services and Eklund's BLASTOFF for steam cleaning services. Memorandum from Public Works Director Richard Morgan dated March 2, 2004 (PDF File).
Action: To authorize a three-year extension of the maintenance contracts with both U.S. Landscapes, Inc. for landscape maintenance services and Eklund's BLASTOFF for steam cleaning services, as recommended by staff.
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Recommendation to adopt resolution approving the Memorandum of Understanding between the City and the Hermosa Beach Police Officers' Association - Police Officers and Police Sergeants Bargaining Group. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 4, 2004 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6329, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION - POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP."
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Recommendation to accept donations of $800 from the Civic Light Opera of South Bay Cities and the Hermosa Beach Playhouse to be used for a Cyclorama to used in the Hermosa Beach Civic Theatre; and, $1200 from the Women's Club of Hermosa Beach to be used for the purchase of a Tempest Power fan for use by the Fire Department. Memorandum from Finance Director Viki Copeland dated March 4, 2004 (PDF File).
This item was removed from the agenda by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.
Action: To accept the following donations:
- $800 from the Civic Light Opera of South Bay Cities and the Hermosa Beach Playhouse to be used for a Cyclorama in the Hermosa Beach Civic Theatre; and
- $1,200 from the Women's Club of Hermosa Beach to be used for the purchase of a Tempest Power fan for use by the Fire Department.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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CONSENT ORDINANCES
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ORDINANCE NO. 04-1238 - "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." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 3, 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 4-1 vote.
Action: To waive full reading and adopt Ordinance No. 04-1238.
Motion Yoon, second Mayor Keegan. The motion carried by the following vote:
AYES: Edgerton, Tucker, Yoon, and Mayor Keegan
NOES: Reviczky
ABSTAIN: None
ABSENT: None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(c) and (i) 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.
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PUBLIC HEARINGS
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CONSIDERATION FOR APPROVAL OF 2004 COMMERCIAL SPECIAL EVENTS (PDF File). Memorandum from Community Resources dated March 2, 2004. Supplemental AVP site plan dated January 30, 2004.
City Manager Burrell presented the staff report and responded to Council questions. A Council discussion ensued concerning fee waivers requested by the non-profit groups, and there was consensus to put everyone on notice that, regardless of whatever actions are taken tonight, waivers may not be possible next year and sponsors should be sought.
The public hearing opened at 7:54 p.m. Each event was considered individually and speakers came forward when their item was heard.
EVP Tour Pro Am Beach Volleyball Tournament, June 19, 2004
Coming forward to speak on this item was:
- Jean Matthews
- - EVP team captain, said that the event had been held in Hermosa Beach for the last three years, and she was looking forward to the tournament being held in the City again.
Action: To approve the EVP event, as requested.
Motion Mayor Keegan, second Reviczky. The motion carried by a unanimous vote.
AVP Hermosa Open Beach Volleyball Tournament, July 22-25, 2004
Action: To continue this item, as requested by AVP, to either the next meeting or to the meeting of April 13, if that later date is acceptable to AVP.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
Hermosa Beach Triathlon (MESP), October 10, 2004
Coming forward to speak on this item was:
- Michael Epstein
- - said this short-distance, non-competitive event was in its 13th year and the route had been altered for almost no impact to Hermosa Avenue; agreed to work with staff on earlier notification to residents in impacted areas and to continue giving two week's notice about the event to local churches.
Action: To approve the MESP event, as requested.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
Great Autos of Yester Year Car Show, May 2, 2004
Coming forward to speak on this item was:
- David Freedman
- - said there were 44 cars this year and 35 last year, noting that Plaza space limited further expansion.
Action: To approve the car show event and the requested $300 fee waivers.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
Amateur Athletic Union (AAU) Youth Volleyball Tournament, July 10-11, 2004
Action: To approve the AAU event and the requested $679 fee waivers
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
Hermosa Beach Art Walk, June 24, July 30, and August 26, 2004
Coming forward to speak on this item were:
- Laura Prue
- - said this was the first year for this three-evening art exhibit on upper Pier Avenue; said temporary parking, which prompted the fee waiver request, was necessary for setting up the art work because the artists have to be careful about the means of transporting the art work and do not want it left unattended (City Manager Burrell said that fees included loss of parking revenue and if parking can be found, possibly at City Hall, there would be no loss of parking revenue); and
- Carla Merriman
- - Hermosa Beach Chamber of Commerce/Visitors' Bureau, said her organization was contributing money toward this event in the form of advertising; said there may be sidewalk sales or discounts from local merchants associated with this event; urged the Council to approve the Art Walk, along with the requested fee waiver, noting that next year they hope to have sponsors.
Action: To approve the Art Walk event and the requested fee waivers of $3,800, and direct staff to work with event personnel to provide appropriate parking with no loss of parking revenue.
Motion Yoon, second Mayor Keegan. The motion carried by a unanimous vote.
So Ca Foundation for Children Beach Volleyball Tournament, August 7, 2004
Action: To approve the children's volleyball event and the requested $651 fee waivers.
Motion Mayor Keegan, second Edgerton. The motion carried by a unanimous vote.
Aloha Days Surf Contest & Festival, August 14-15, 2004
Coming forward to speak on this item was:
- Abel Ybarra
- - said this would be the eighth year for this event, which includes a surf contest, live bands, Hawaiian dancers and Hawaiian food; spoke about the requested fee waivers; said they had made alternate plans if the pier head is not available due to construction.
Action: To approve the Aloha Days event and the requested $5,951 fee waivers.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
Hermosa Shorts Film Festival, August 20, 2004
Coming forward to speak on this item were:
- Tom Kearney
- - said in addition to the showing of films, this first-year event would feature writing and lighting workshops, as well as mock screen tests; said a wristband would be good for the entire day; noted that they had some sponsors now and would get more for next year; and
- John McCormick
- - Hermosa Beach Arts Foundation, spoke in support of the film festival; said it might not make any money the first year, but he expected the event to be successful for years to come.
Action: To approve the film event and the requested $1,800 fee waivers.
Motion Yoon, second Mayor Keegan. The motion carried, noting the dissenting vote of Reviczky.
Surfin' Hermosa 2004, Public Art Display - July 1 - August 31, 2004
Coming forward to speak on this item was:
- Jennifer Alvarado
- - withdrew the requested fee waivers because Gallery C had agreed to sponsor the event; said 20 surfboards, which will be originally painted by local artists, will be on public display for two months at various locations to be worked out with City staff; after the exhibition, the surfboards will be auctioned off and the net profits would be split between the Arts Foundation and Education Foundation; said there would be a launch party at Gallery C, with all the surfboards on display and an opportunity to meet the artists, and that the event should provide an economic benefit to the businesses in the City.
Action: To approve the Surfin' Hermosa event.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
World Aids Day, November 28, 2004
Coming forward to speak on this item was:
- Brooke McIntyre Tuey
- - said this was the eighth year for the event; that she hoped the fees would be waived and understood that sponsors would be necessary for next year; said they would come up with another plan if use of the pier head is unavailable (City Manager Burrell said the event would be relocated between Beach Drive and the Strand).
Action: To approve the Aids Day event and the requested $580 fee waivers.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
Volcom Sea Slug Youth Surf Contest, December 11, 2004
Action: To approve the youth surf event and the requested $148 fee waiver.
Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.
The meeting recessed at 9:10 p.m.
The meeting reconvened at 9:25 p.m., with item 5(b).
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NUISANCE ABATEMENT OF PROPERTY AT 24 8TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 4, 2004 (PDF File). (Continued from meeting of February 10, 2004) Supplemental revised resolution submitted by Director Blumenfeld on March 9, 2004.
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 9:40 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:40 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 04-6330, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THAT THE PROPERTY AT 24 EIGHTH STREET CONSTITUTES A PUBLIC NUISANCE AND ORDERING ABATEMENT," with the following amendments:
- Section 7 - delete item B, and appropriately rename item C as item B;
- Section 8 - amend item A to read "Within 10 days of the adoption of this resolution, the owner shall commence to complete at his option either the repairs or the demolition as described above";
- Section 8 - item B - delete the words "to secure the property";
- Section 8 - item C - amend item C to read "If the owner fails to file such an appeal, on the first day following the end of the preceding appeal period, the City shall retain a professional exterminator to eradicate any pests which are found to infest the property, secure the property, and commence judicial proceedings to demolish the property, and shall recover costs pursuant to Chapter 8.28 of the Hermosa Beach Municipal Code."
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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PROJECT NO. CIP 00-630 PIER RENOVATION, PHASE III - RECEIVE PRESENTATION. Memorandum from Public Works Director Richard Morgan dated March 2, 2004 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions, suggesting that requesting bids earlier in the year when contractors had better bonding capacity might increase the number of bids submitted. City Manager Burrell also responded to Council questions, noting that two elements, which would reduce the cost and attract more bidders, were eliminating the temporary lifeguard headquarters and having the City handle the emergency communication element of the project, since some bidders were reluctant to work with a 911 system.
Coming forward to address the Council on this item were:
- Jim Pickel
- - Purkiss·Rose architect, said his firm stood behind their cost estimates and could not explain why the two bid submittals came in one million dollars and two million dollars higher, noting there were several variables; pointed out that only two of the seven potential bidders who picked up the plans actually returned bids; said efforts to attract a higher number of bids would make a big difference; discussed changes which would reduce the overall cost, including deletions of certain elements and the substitution of materials; said suggestions made by the subcommittee were good choices for reducing costs; said the contractors' bids would itemize elements and the Council would have an opportunity to make selections; presented the site plan and color concrete samples; and
- Ron Yo
- - Purkiss·Rose-RSI, responded to Council questions about the roof and provided details of deletions and changes, totaling a little over half million dollars.
Action: Mayor Keegan directed, with the consensus of the City Council, that Purkiss·Rose-RSI draw up new plans incorporating Council suggestions from this evening's discussion including, in addition to the changes noted in the staff report, removal of the observation deck, elimination of the temporary lifeguard headquarters and having the contractor deal with the emergency communication system; substitution of lithocrete and trespas, among other materials; emphasizing that the overall look of the project must remain the same even though some materials were being substituted, and retaining the mosaic tile design at the outdoor shower.
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MULTI-YEAR AGREEMENT BETWEEN THE CITY AND THE HERMOSA BEACH CHAMBER OF COMMERCE CONCERNING THE FIESTAS HERMOSA. Memorandum from City Manager Stephen Burrell dated February 24, 2004 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item was:
- Carla Merriman
- - Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, said that a temporary three-day business license for $25 is issued to out-of-town businesses for booths and that local businesses get half price on booth rentals to encourage participation.
Action: To approve the agreement with the Chamber of Commerce and authorize the Mayor to sign on behalf of the City, as amended under Section 1, c., to allow for the adjustment of temporary business license fees in the future, and with the understanding that the Council reserved the right to review plans annually.
Motion Yoon, second Mayor Keegan. The motion carried by a unanimous vote.
At 10:57 p.m., the order of the agenda returned to item 3(a) Consent Ordinances.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
NONE
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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OTHER MATTERS - CITY COUNCIL
NONE
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 February 24, 2004.
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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 |
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PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 9, 2004, at the hour of 11:04 p.m. to a Closed Session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 11:15 p.m. At 12:10 a.m., on Wednesday, March 10, 2004, the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS
City Attorney Jenkins made the following announcement: "The City Council took one reportable action in closed session, approving a settlement of the Heart of the City lawsuit against the City of Redondo Beach. A copy of the settlement stipulation will be available once executed by all of the parties."
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, March 10, 2004, at the hour of 12:11 a.m. to the Regular Meeting on Tuesday, March 23, 2004, at the hour of 7:10 p.m.
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