City Council Minues March 23, 2004

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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, March 23, 2004, at the hour of 7:15 p.m.

PLEDGE OF ALLEGIANCE

Hermosa Beach City School District Superintendent Dr. Sharon McClain

ROLL CALL

Present: Reviczky, Tucker, Yoon, Mayor Keegan
Absent: Edgerton

ANNOUNCEMENTS

Councilmember Tucker announced that the Aviation/PCH Business Association meeting, which was to be held on Friday, March 26, will have to be rescheduled because the mailer was not completed in time; said he and Mayor Keegan attended a recent event, at which the City of Redondo Beach dedicated Pacific Coast Highway as the Blue Star Highway (in Hermosa Beach, it is the Veteran's Highway) and explained that Blue Stars are displayed in the homes of those serving in the armed forces.

Mayor pro Tempore Yoon noted that USC received congratulations on the White House lawn for their national football championship.

Councilmember Reviczky said over the weekend he saw at the Hermosa Playhouse the "The Reception," an excellent production written by and starring Fritz Coleman, weatherman for NBC TV news, and after the performance had the opportunity to meet him and ask why Hermosa Beach has never appeared in any of his weather forecasts. He said he was pleased to report that last night Fritz Coleman included Hermosa Beach in his forecast.

Mayor Keegan reminded everyone to attend the Last Saturday Puppet Theater at Community Center on Saturday, April 27, with performances of "Prairie Dog Pete and the Magic Buffalo" at 10:00 a.m., 11:30 a.m., and 1:00 p.m.

PROCLAMATIONS & PRESENTATIONS

YOUTH ART MONTH

Mayor Keegan proclaimed March as Youth Art Month in Hermosa Beach and presented a proclamation to Jean Lombardo of the Woman's Club of Hermosa Beach, which sponsored an art show for Hermosa Beach kindergarten through eighth grade students.

Jean Lombardo individually called each of the students forward to show their artwork and to receive a City pin from Mayor Keegan and Mayor pro Tempore Yoon. She noted that this year was the Centennial celebration for the Hermosa Beach City School District and said a fundraiser would take place on April 21 at the Comedy and Magic Club with tickets for $20.

CLOSED SESSION REPORT FOR MEETING OF MARCH 9, 2004:

City Attorney Jenkins said that the statement on the agenda was not completely accurate and that at this time both cities have stipulated that the lawsuit filed by Hermosa Beach against Redondo Beach for their Heart of the City project had been dismissed and terminated without prejudice to Hermosa Beach, so that Hermosa Beach would be able to resume litigation in the next five years in the event a subsequent project in the same area is approved, if Hermosa Beach still has same concerns about environmental impacts.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Khalilah S. Palmer, Property Manager, C¨Lease, regarding view obstruction.

      Coming forward on this item to address the Council were:

      Khalilah S. Palmer
      - Property Manager, C¨Lease, described a view impact issue at 741 24th Street caused by overgrown trees at 747 24th Street and asked that the City adopt an ordinance similar to the one adopted by the City of Rancho Palos Verdes to protect views; distributed this ordinance highlighted with major points; said if the City has limits on building heights to protect views, why not limit the height of plants for the same reason; distributed photographs showing the current view and the view if the trees were trimmed; said that all efforts to convince the property owner to trim the trees had been unsuccessful. (Councilmember Reviczky said he would like to look at this situation and offered to bring back a report to a future Council meeting to consider the possibility of agendizing further discussion.)

      Action: To receive and file the letter.
      Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton

    Coming forward at this time to address the Council were:

    Mike Moretti
    - Hermosa Beach, described noise from live entertainment at the Pitcher House near his home which he saw as evidence that the business was not in compliance with its CUP; said the clientele had not improved since the bar was given a full liquor license and the owner and staff showed disrespect for the neighbors; submitted a petition signed by neighbors on his street requesting permit parking;
    Alan Benson
    - Hermosa Beach, said he had submitted a letter to the City Manager regarding alcohol-related crime and assaults on Police Officers and thought the situation was worsening;
    Gary Cullen
    - owner of the Pitcher House, said his website pitcherhouse.com included rebuttals to the allegations made by this particular neighbor; said that no one else had complained about noise in the last two years;
    Michael Wiltshire
    - a bouncer at the Pitcher House, said that the crowds are controlled and restricted to Pacific Coast Highway after hours;
    Piper Moretti
    - Hermosa Beach, said she and her husband had evidence on video tape to prove their allegations; said the Pitcher House should be in compliance with the law (Councilmember Reviczky provided his home number and asked that the Morettis call him, no matter what time of night, so he could see for himself the problems they described) and
    Paul O'Neil
    - Hermosa Beach, complimented his neighbor for doing his homework and said he had not seen any improvement in the way the Pitcher House operates since the full liquor license was granted.

    It was moved by Mayor Keegan and seconded by Mayor Pro Tempore Yoon to address the Second Street concerns later in the meeting under Other Council Matters.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (j), 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 Tucker. The motion carried, noting the absence of Edgerton.

    At 7:53 p.m., the order of the agenda was suspended to go to public hearing items 5(a), (b), (c) and (d).

    1. Recommendation to approve the following minutes:

      1. Minutes of the Regular meeting held on February 24, 2004; and,
      2. Minutes of the Regular meeting held on March 9, 2004.

      Action: To approve as presented the minutes of the regular meetings of the City Council held on February 24, 2004, and March 9, 2004. (Edgerton absent)

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 35914 THROUGH 36056 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 35610 AND 35767 AS RECOMMENDED BY THE CITY TREASURER.

    3. Recommendation to receive and file Tentative Future Agenda Items (PDF File).

      Action: To receive and file tentative future agenda items, as presented. (Edgerton absent)

    4. Recommendation to receive and file the February 2004 financial reports:

      1. Revenue and expenditure report (PDF File);
      2. City Treasurer's report (PDF File); and,
      3. Investment report (PDF File).

      Action: To receive and file tentative future agenda items, as presented. (Edgerton absent)

    5. Recommendation to accept donation of $500 from the Woman's Club of Hermosa Beach to be used for repairs and maintenance of the Veteran's Memorial; and, donations of $2,215 from Hermosa Beach Little League, $250 from David and Cynthia Hoag, $150 from Stephen Young and Christina Steck, $200 from Rick and Suzanne Lessel, $250 from Ivar and Stephanie Janieks, $50 from the Woolard Family Trust, $200 from Alan and Margaret Dettelbach, $500 from B. Benson and R. S. Leff, $75 from Robert and Lisa Arnett, $500 from Progressive Land Clearing, Inc., $100 from John Goodlett Ind., and $100 from Nugget Construction, Inc. (total of $4,590.00) to be used for two memorial benches (one for Joe Cartwright and one for Brad Ellis) and for a tree. Memorandum from Finance Director Viki Copeland dated March 15, 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 above-noted donations.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

    6. Recommendation to adopt resolution ordering the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 2004-05. Memorandum from Interim Public Works Director Richard Morgan dated March 8, 2004. (PDF File)

      Action: To approve the staff recommendation to adopt Resolution No. 04-6331, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDIANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2004, AND ENDING JUNE 30, 2005." (Edgerton absent)

    7. Recommendation to receive and file the action minutes of the Planning Commission meeting of March 16, 2004.

      Action: To receive and file the action minutes of the Planning Commission meeting of March 16, 2004. (Edgerton absent)

    8. 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 16, 2004. (PDF File)

      Claimant: Pompano, Mark J.
      Date of Loss: 10-04-03
      Date Filed: 03-03-04

      Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Edgerton absent)

    9. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated March 2, 2004.

      This item was removed from the consent calendar by Mayor pro Tempore Yoon for separate discussion later in the meeting, in order to comment on the budgetary problems facing the City.

      Action: To receive and file the status report of capital improvement projects that are either under design or constructions, as recommended by staff. Motion Yoon, second Reviczky. The motion carried, noting the absence of Edgerton.

    10. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 2, 2004.

      Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 2, 2004. (Edgerton absent)

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e) 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.

    5. At 10:14 the order of the agenda returned to item 9(a), Other Matters raised by City Council.

  5. PUBLIC HEARINGS

    1. INSTALLATION OF PARKING METERS ON UPPER PIER AVENUE FROM MANHATTAN AVENUE TO VALLEY DRIVE. Memorandum from City Manager Stephen Burrell dated March 2, 2004 (PDF File). Supplemental letter from Robert Kerr received March 22, 2004.

      City Manager Burrell presented the staff report and responded to Council questions.

      The public hearing opened at 8:02 p.m. Coming forward to address the Council on this item were:

      Frank Hallstein
      - Hermosa Lock and Safe on Pier Avenue, said he was at the recent public meeting to discuss this issue and thought it was poorly attended because the notice on red paper appeared more like a flyer than an official public notice; said upper Pier was a shopping area for locals and was passed by busses dropping off visitors at the Fiestas; said parking meters would make conditions worse; described placards used in Rivera Village in Redondo Beach for employee parking;
      Blake Mitchell
      - owner of the laundromat on Pier Avenue, said his change machines were already being used by people needing change to park downtown and, with parking meters on upper Pier Avenue, he would have to go to the bank even more often to replenish his quarters; suggested that the City consider installing public change machines;
      Evie Reynolds
      - office manager for Irvine Chiropractic on Pier Avenue, agreed that parking problems on upper Pier would worsen with the installation of parking meters; said a quarter for 15 minutes was too expensive; also said employees should not have to pay to park at their jobs;
      Ed Hart
      - Maximus Salon, agreed that the proposed parking rate was too high; suggested that it be lowered and, if necessary, increased after people are accustomed to the concept; said parking meters would be a major inconvenience for his clients;
      Joe Carrillo
      - Fritto Misto Restaurant, said there was currently not enough parking for the weekend dinner crowd; said the loss of parking at the Von's parking structure had made conditions worse, as would the installation of parking meters;
      Bonnie Moton
      - Star's Antiques, said they had 50 dealers for their consignment store and it was not practical to expect them to carry goods for blocks; hoped that there would be some short-term parking;
      Carla Merriman
      - Executive Director of the Hermosa Beach Chamber of Commerce, suggested that a portion of the funds generated by the parking meters be used for advertising the businesses on upper Pier Avenue and/or to replace the current marquee with an electronic one that is more attractive and could be programmed from an office computer instead of having to manually change it using Public Works staff on a cherry picker; and
      Alan Benson
      - Hermosa Beach, expressed concern that the installation of parking meters would force employees to park in residential areas.

      The public hearing closed at 8:20 p.m.

      Action: To direct staff to proceed with the purchase and installation of parking meters at an estimated cost of $29,767, with funds appropriated as follows: $25,967 from the Parking Fund for meter purchases and $3,800 from Prospective Expenditures for installation costs (signs, poles, etc.), as recommended by staff, and to install public change machines on either side of the street.
      Motion Yoon, second Mayor Keegan. The motion carried, noting the absence of Edgerton.

      Further Action: To direct the Public Works Commission to consider and report back on the issues of (1) having a placard program for employee parking and (2) earmarking some of the funds generated by the parking meters for advertising the upper Pier businesses or for installing an electronic marquee.
      Motion Yoon, second Mayor Keegan. The motion carried, noting the absence of Edgerton.

    2. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION APPROVAL, ON FEBRUARY 17, 2004, OF A PRECISE DEVELOPMENT PLAN AND PARKING PLAN TO CONSTRUCT A NEW 3,001 SQUARE FOOT RETAIL BUILDING WITH A REQUIREMENT TO PAY FEES FOR FIVE (5) IN-LIEU PARKING SPACES AT 238 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 2004 (PDF File). Supplemental information from Community Development received March 23, 2004.

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      The public hearing opened at 8:52 p.m. Coming forward to address the Council on this item were:

      Jose Sayula
      - Edward Carson Beall, project architect, said the building had been redesigned to be more attractive, which had increased construction costs, and he hoped that a compromise could be reached regarding the very expensive in-lieu parking fee; said tandem parking was preferable to his client over underground parking, which was also economically unfeasible;
      Phil Dowsing
      - Redondo Beach, suggested that tandem parking would provide a feasible plan for the property owner and an opportunity for the City to benefit from this expansion; and
      Jose Sayula
      - said his client would be willing to work with the City to provide a plan that would benefit the City as well as his business.

      The public hearing closed at 9:00 p.m.

      Action: To uphold the Planning Commission's decision.
      Motion Tucker, second Reviczky. The motion carried, noting the absence of Edgerton.

      (A resolution reflecting Council's action will be presented for adoption at the next meeting.)

      3. The meeting recessed at 9:15.m.
      The meeting reconvened at 9:42 p.m.

    3. GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD); ZONE CHANGE FROM COMMERCIAL SPA7 SPECIFIC PLAN AREA NO. 7 TO R-2 TWO-FAMILY RESIDENTIAL, OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL; CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO. 060398 FOR A TWO-UNIT CONDOMINIUM, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 710 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 2004 (PDF File).

      Action: To continue the public hearing to the meeting of April 27, 2004, as requested by the applicant.
      Motion Reviczky, second Tucker. The motion carried, noting the absence of Edgerton.

    4. TEXT AMENDMENT AND COASTAL LAND USE PLAN AMENDMENT REGARDING DOWNTOWN PARKING REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 16, 2004 (PDF File).

      Action: To continue the public hearing to the meeting of April 13, 2004, as recommended.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

  6. MUNICIPAL MATTERS

    NONE

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. ADELPHIA CABLE TV FRANCHISE - RENEWAL PROCESS. Memorandum from City Manager Stephen Burrell dated March 2, 2004 (PDF File).

      Mayor pro Tempore Yoon recused himself from hearing this item due to a potential conflict of interest since his employer is a Cable TV provider.

      City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions, saying that he would provide to the Council a list of the issues over which they have control when negotiating with Adelphia, which does not include rates which are regulated by the FCC.

      Coming forward to address the Council at this time were:

      Gene Dreher
      - Hermosa Beach, said although many people had satellite dishes, cable provided advantages that dishes did not, such as high-speed internet and potential for allowing residents to view municipal activities; said there were quality of service issues to be considered; suggested that the City consider finding another cable provider;
      Peter Ellis
      - Hermosa Beach, favored forming a short-term commission as before and said even with the transfer from Multivision to Century to Adelphia, the agreement gave the City power in maintaining the best possible service within the federal constraints; and
      John Houston
      - Santa Monica, said he had experience in negotiating these type of agreements and cautioned the Council that if they grant the extension requested, they might find themselves dealing with a different provider should Adelphia sell; noted that this franchise was valuable and the Council should keep this in mind when negotiating.

      Action: To establish a short-term commission comprised of community members and to direct staff to return with a program to develop a needs assessment, franchise ordinance update and audit of franchise fees.
      Motion Reviczky, second Mayor Keegan. The motion carried, noting the absence of Yoon and Edgerton.

    8. At 10:12 p.m., the order of the agenda was returned to Item 4, removed Consent Calendar items.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  9. OTHER MATTERS - CITY COUNCIL

    1. Parking District on Second Street east of Pacific Coast Highway.

      Mayor Keegan moved, seconded by Mayor pro Tempore, to direct staff to prepare a report outlining the program and agendize it as a Municipal Matter at the April 13 meeting, with a public hearing at a future meeting if the permit-parking program on Second Street is pursued.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

  1. MINUTES:

    Approval of minutes of Closed Session meeting held on March 9, 2004.

  2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

  3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    Property Two contiguous parcels 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, March 23, 2004, at the hour of 10:14 p.m. to a Closed Session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 10:22 p.m. At 10:52 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, March 23, 2004, at the hour of 10:53 p.m. to the Regular Meeting on Tuesday, April 13, 2004, at the hour of 7:10 p.m.

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