City Council Minutes April 13, 2004

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, April 13, 2004, at the hour of 7:15 p.m.

PLEDGE OF ALLEGIANCE

Cathy McCurdy

ROLL CALL

Present: Reviczky, Tucker, Yoon, Mayor Keegan
Absent: Edgerton (arrived at 7:17 p.m.)

APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE:

Memorandum from City Clerk Elaine Doerfling dated April 7, 2004 (PDF File).

  1. Designate Mayor for a term ending January 25, 2005;
    Action: To appoint Art Yoon as Mayor for a term ending January 25 2005.
    Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
  2. Designate Mayor Pro Tempore for a term ending January 25, 2005; and,
    Action: To appoint J.R. Reviczky as Mayor Pro Tempore for a term ending January 25, 2005.
    Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
  3. Intergovernmental agencies requiring appointment of Mayor as delegate.
    Action: To appoint Mayor Yoon to the Los Angeles County City Selection Committee.
    Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
    Further Action: To appoint Mayor Yoon to the South Bay Sanitation District Board of Directors and Mayor Pro Tempore Reviczky as alternate director.
    Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
    Further Action: It was the Council consensus to continue the remainder of committee assignments to the next Council meeting on April 27, 2004.

PRESENTATION OF PLAQUE TO OUTGOING MAYOR

Mayor Yoon presented a plaque of appreciation to outgoing Mayor Keegan, thanking him for his hard work and dedication.

OUTGOING COMMENTS BY MAYOR KEEGAN

Outgoing Mayor Keegan thanked everyone who helped during his term as mayor, and said he enjoyed having the opportunity to talk to more citizens and attend additional meetings for groups such as South Bay Council of Government, the LAX Committee, and the Los Angeles County Sanitation District. He thanked his family and employees at his business for being supportive and allowing him the time needed to fulfill his duties, and thanked the Hermosa Beach residents for electing him to office.

INCOMING COMMENTS BY MAYOR YOON

Mayor Yoon introduced Hermosan Sean Berry, who had written a poem about Hermosa Beach as a gift upon his appointment as Mayor, and Dana Carlson, who read the poem. He said a theme he hoped to carry through his term was how much Hermosans love their city. He introduced his parents and grandmother in the audience, thanked them for their support, and thanked Hermosa Beach residents who elected him.

Mayor Yoon said the City Council would have difficult budget decisions to make to maintain necessary services given the State's financial crisis and its effect on the City, and stressed the importance of public safety, ecology, recognition of volleyball athletes, preservation of old homes, the City's upcoming Centennial celebration, and parking issues. He noted his proposal on tonight's agenda for Council consideration of parking permits for all residents because he felt residency should carry privileges, and suggested conducting some of the Council meetings at Hermosa View School for the benefit of residents east of the highway. He then proposed three award programs: the Jean Lombardo Volunteer of the Year Award, the Pat Gazin Annual Key to the City Award to recognize significant civic contributions; and an Employee of the Month Award to recognize the achievements of City staff. He expressed hope that his colleagues would consider making these awards permanent.

Action: To agendize a discussion of making the above-noted awards permanent.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

Mayor Yoon then introduced Ozzie Cadena, one of the West Coast jazz greats, and his trio, who would provide entertainment during the recess, and invited everyone to enjoy the coffee and desserts provided by Java Man at that time.

COMMENTS FROM OTHERS

Mayor Pro Tempore Reviczky thanked outgoing Mayor Keegan for an excellent job and congratulated Mayor Yoon on his new appointment. He said that his research indicated that Mayor Yoon is the 52nd Mayor of Hermosa Beach in its 97-year history, making him part of a very small, select group.

Councilmember Edgerton thanked outgoing Mayor Keegan for his term as mayor and congratulated Mayor Yoon, who he said would do a great job.

Gabriella Wolf, a student representing Miss Tracy Robinson's class at Hermosa View School, congratulated Mayor Yoon, presented him with a lei, and said thank you and shalom to outgoing Mayor Keegan.

At 7:40 p.m., the meeting recessed for refreshments and entertainment.
At 8:22 p.m., the meeting reconvened.

ANNOUNCEMENTS

Councilmember Edgerton thanked the Fire Department for a great job fighting a fire near his home, arriving promptly and making sure no other structure was affected; said it was great that Hermosa Beach had its own Fire and Police Departments and did not have to wait for the County to respond.

Councilmember Tucker commended the Community Resources staff for the successful Easter egg hunt on Saturday, April 10, saying baskets were provided for everyone and it was great to see youngsters and parents enjoying this City event.

Mayor Pro Tempore Reviczky said the Ocean Oasis film would be shown in Hermosa Beach and that Sister City member Rick Koenig would provide details during the public participation section of the agenda.

Councilmember Keegan commented on the success of the recent Hermosa Beach Education Foundation fundraiser, a dinner dance at the Manhattan Village Mall that had an attendance of 400 people and raised $180,000.

PRESENTATIONS

CROSSING GUARD OF THE YEAR - DIANA MARTIN

Mayor Yoon presented Diana Martin with a proclamation naming her Crossing Guard of the year, commending her for a job well done and stating that there was no job more important than keeping our kids safe.

CLOSED SESSION REPORT FOR MEETING OF MARCH 23, 2004: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Roger Creighton regarding campaign contributions.

      Action: To receive and file.
      Motion Reviczky, second Mayor Yoon. The motion carried by a unanimous vote.

      City Attorney Jenkins said a comprehensive campaign contributions report would be presented at the May 11 Council meeting.

    2. Letter from Al Benson regarding police statistics.

      Coming forward to address the Council on this item was:

      Al Benson
      - Hermosa Beach, thanked City Manager Burrell for accepting his letter regarding crime statistics and Police Chief Lavin for responding; urged the Council to consider increased enforcement at Pier Plaza.

    Coming forward at this time to address the Council on oral communications were:

    Rick Koenig
    - Hermosa Beach, announced that the Sister City Association would present the film "Ocean Oasis" at the Community Center on Sunday, April 24, to raise funds for environmental programs, with showings at 11 a.m. and 2 p.m. (geared toward students, tickets $5 each) and at 5 p.m. (for adults, including a Taste of Mexico dinner with margaritas, at $25 per person); said the Association and its work with Loreto had been a big part of the City for 35 years, and the student exchange and paramedic programs have provided much good will; announced that a Sister City Association pancake breakfast would take place at the Firehouse on Sunday, April 25, from 8:30 to 11 a.m. to raise funds for the paramedic program (tickets $10 each); and
    Carla Merriman
    - Chamber of Commerce, said that about a year ago she announced that the Travel Channel had named Hermosa Beach best beach town in America; said the cover story in the current issue of Reader's Digest, entitled the 100 Best New Discoveries, names Hermosa Beach as the best Beach in America; said that the article was on the Reader's Digest website at www.rd.com and there was a link on their website to the City's website.
  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (d) Reviczky, and (h) Keegan.
    Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

    At 8:42 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b).

    1. Recommendation to approve minutes of the regular meeting of the City Council held on March 23, 2004.

      Action: To approve as presented the minutes of the regular meeting of the City Council held on March 23, 2004.

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 36145 THROUGH 36284 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 35874, 35969, AND 36060 AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register as presented.

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

      Action: To receive and file tentative future agenda items, as presented.

    4. Recommendation to accept donations of $150.00 from the Woman's Club of Hermosa Beach to be used for the Eggstravaganza event; $300.00 from the Hermosa Garden Club to be used for a memorial tree for Ruth Jones, Lucille Waldner, Mary Lapham, and Fran Stoneman; $200.00 from Consolidated Disposal Service to be used for the Eggstravaganza event; and, $50.00 from the Employees Community Fund of Boeing Southern California (Christopher R. Ashley) to be used for parks and recreation programs. Memorandum from Finance Director Viki Copeland dated April 6, 2004 (PDF File).

      This item was removed from the consent calendar by Mayor Pro Tempore Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.

      Action: To accept the following donations received by the City:

      1. $150 from the Woman's Club of Hermosa to be used for the Eggstravaganza event;
      2. $300 from the Hermosa Garden Club to be used for a memorial tree for Ruth Jones, Lucille Waldner, Mary Lapham, and Fran Stoneman;
      3. $200 from Consolidated Disposal Service to be used for the Eggstravaganza event; and
      4. $50 from the Employees Community Fund of Boeing Southern California (Christopher R. Ashley) to be used for Parks and Recreation programs.

      Motion Reviczky, second Tucker. The motion carried by a unanimous vote.

    5. Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 24, 2004.

      Action: To receive and file the action minutes of the Public Works Commission meeting of March 24, 2004.

    6. Recommendation to authorize the purchase of one (1) new Chevy Silverado 1500 Extended Cab pick-up truck from Wondries Fleet Group of Alhambra, California in the amount of $24,016 (including tax and California tire fees) ; appropriate $16,000 from the Asset Forfeiture Fund and $8,016 from the Citizen's Option for Public Safety (COPS) fund for the purchase of this vehicle; and, appropriate an additional amount of $1,606 from the Citizen's Option for Public Safety (COPS) for the set-up of this vehicle to be done by the South Bay Regional Public Communications Authority (RCC). Memorandum from Police Chief Michael Lavin dated April 6, 2004 (PDF File).

      Action: To approve the staff recommendation to:

      1. Authorize the purchase of one new Chevy Silverado 1500 extended cab pick-up truck from Wondries Fleet Group of Alhambra, California in the amount of $24,016 (including tax and California tire fees);
      2. Appropriate $16,000 from the Asset Forfeiture fund and $8,016 from the Citizen's Option for Public Safety (COPS) fund for the purchase; and
      3. Appropriate an additional amount of $1,606 from the citizen's option for public safety (cops) for the set-up of this vehicle to be done by the South Bay Regional Public Communications Authority (RCC).
    7. Recommendation to authorize the contract award for fire apparatus preventative maintenance in the amount of $28,000.00 be awarded to American La France of Los Angeles. Memorandum from Fire Chief Russell Tingley dated April 6, 2004 (PDF File). Supplemental bid sheet from the Fire Department received April 13, 2004.

      Action: To award the contract for fire apparatus preventative maintenance in the amount of $28,000 be awarded to American La France of Los Angeles, as recommended by staff.

    8. Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Elaine Doerfling dated April 1, 2004 (PDF File).

      This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting to make the public aware that all five customer-service forms received last month reported excellent service at City Hall.

      Action: To receive and file report of Customer Service Surveys/Complaints dated April 1, 2004.
      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

    9. Recommendation to approve the purchase and installation of "Source Capture Vehicle Exhaust Removal System" for the Fire Department from Clearly Air Cleaning Systems. Memorandum from Fire Chief Russell Tingley dated April 6, 2004 (PDF File).

      Action: To approve the purchase and installation of "Source Capture Vehicle Exhaust Removal System" for the Fire Department from Clearly Air Cleaning Systems, as recommended by staff.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2 (d) and (h) 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 10:03 p.m., the order of the agenda moved to item 7a.

  6. PUBLIC HEARINGS

    1. CONSIDERATION FOR APPROVAL OF 2004 COMMERCIAL SPECIAL EVENT FOR AVP HERMOSA OPEN BEACH VOLLEYBALL TOURNAMENT, JULY 22-25, 2004. Continued from meeting of 3/9/04. Memorandum from Community Resources Department dated March 29, 2004 (PDF File). Supplemental email from Dave Williams, AVP, received April 12, 2004.

      The public hearing opened at 8:48 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:44 p.m.

      Action: To continue the item to May 11, 2004, at the request of AVP.
      Motion Tucker, second Keegan. The motion carried by a unanimous vote.

    2. TEXT AMENDMENT AND COASTAL LAND USE PLAN AMENDMENT REGARDING DOWNTOWN PARKING REQUIREMENTS. Continued from meeting of 3/23/04. Memorandum from Community Development Director Sol Blumenfeld dated April 7, 2004 (PDF File).

      Per City Attorney Jenkins' direction, Deputy City Clerk Drasco explained that the ordinance, if approved, would be adopted, not re-introduced as stated on the agenda, as Ordinance No. 04-1239, noting that the ordinance had been introduced on May 25, 2003, as 03-1228, and that number would be voided.

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

      The public hearing opened at 9:01 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:01 p.m.

      Action: To approve the staff recommendation to adopt Resolution No. 04-6332, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE POLICIES OF THE CERTIFIED COASTAL LAND USE PLAN REGARDING DOWNTOWN PARKING; ACKNOWLEDGING RECEIPT OF THE COASTAL COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING MODIFICATIONS; ACCEPTING AND AGREEING TO THE MODIFICATIONS; AND CERTIFYING THE LAND USE PLAN AMENDMENT IS INTENDED TO BE CARRIED OUT IN FULL CONFORMITY WITH THE COASTAL ACT."
      Motion Reviczky, second Tucker. The motion carried, noting the dissenting votes of Edgerton and Keegan.

      Further Action: To waive full reading and adopt Ordinance No. 04-1239 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS AND THE IN-LIEU FEE PARKING ALLOWANCES IN THE DOWNTOWN DISTRICT."
      Motion Reviczky, second Tucker. The motion carried by the following vote:

      AYES: Reviczky, Tucker, and Mayor Yoon
      NOES: Edgerton and Keegan
      ABSTAIN: None
      ABSENT: None

  7. MUNICIPAL MATTERS

    1. REPORT ON RESIDENTIAL PARKING PERMIT PROGRAM ON 2ND STREET. Memorandum from Police Chief Michael Lavin dated April 6, 2004 (PDF File).

      Chief Lavin presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

      Coming forward to address the Council on this item were:

      Michael Moretti
      - Hermosa Beach, said the request by residents for permit parking should be considered a cry for help; said he made a video recording of people walking back to their cars, showing that they were using his street as a place to hang out, talk and drink more liquor, as a bathroom, and as a trash area for their empties; said most residents supported permit parking but were concerned about guest parking, noting that enforcement would be necessary only from 8 p.m. to 4 a.m. and need encompass only the area east of PCH to 1031 Second Street; said if the Council was opposed to permit parking, he would welcome other ideas to alleviate the problems;
      Al Benson
      - Hermosa Beach, said the activities shown on the video were also present near his home at 19th and Monterey, where patrons of the Plaza parked to avoid the more restrictive downtown parking area; said the temporary blinking one-way sign on Second Street had helped curtail wrong-way drivers, but that large reflective permanent signage was needed; said he lived on First Street when the Pitcher House sold beer and wine only, and now they have full liquor and concerts;
      Gary Cullen
      - Pitcher House owner, said he had agreed with Mike Moretti about permit parking until he read a letter from Cynthia Fernberg on Second Street who explained why she was opposed; said the video was taken between the time his previous employee resigned and the hiring of his current employee who keeps patrons quiet as they leave the bar; said that most of the wrong-way traffic occurs during the day; said most of the 13 parking spaces located between the first crest of the hill and PCH were taken by 8:30 p.m., cited live entertainment since 1997 and said Code Enforcement and the Police Department should take care of any issues, adding that it was not fair to assume that anyone walking down Second Street was coming from his bar;
      Cynthia Fernberg
      - Hermosa Beach, said permit parking would not solve the problems described by the Morettis and would be unfair to Second Street residents, making guest parking complicated, and unfair also to the residents on First and Third Streets who would then have the same noise problems; said there had to be a 66% neighborhood approval before a public hearing could be held to consider permit parking; said more police presence when the bars closed would best alleviate the problems of drunks walking up Second Street; and
      Piper Moretti
      - Hermosa Beach, said they simply wanted to discourage drunk people from partying in front of their home; agreed that more police presence would help, but said the police were busy with Pier Avenue and were not happy when they called them; said all but four of the residents they spoke to from PCH to 1041 Second Street supported permit parking and signed the petition on file with the City.

      Action: To receive and file.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

  8. At 9:58 p.m., the order of the agenda moved to item 4, consent calendar items removed for discussion.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER TO GOVERNOR SCHWARZENEGGER REGARDING PROPOSITION 50 FUNDING - WATER QUALITY. Memorandum from City Manager Stephen Burrell dated March 30, 2004 (PDF File).

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

      Action: To authorize sending a letter with the Mayor's signature supporting the use of Proposition 50 bond funds for use by investor owned water utilities.
      Motion Reviczky, second Tucker. The motion carried by a unanimous vote.

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS
      BOARD OF APPEALS.
      Memorandum from City Clerk Elaine Doerfling dated April 6, 2004 (PDF File).

      Action: To accept with regret the resignation of D.B. "Bud" Murry and direct the City Clerk to advertise the vacancy and request applications from interested persons following normal publishing and posting procedures, with additional notices to be posted at the counters of the Community Development and Public Works departments.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

  11. OTHER MATTERS - CITY COUNCIL

    Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight.

    1. Request of Mayor Yoon for the City Council to consider directing staff to develop a annual permit for residents and employees to park at meters in the city without paying the meters.

      Mayor Yoon spoke to his request.

      Action: To agendize a discussion to consider directing staff to develop an annual permit for residents and employees to park at meters in the city without paying the meters.
      Motion Mayor Yoon, second Edgerton.

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

  1. MINUTES:

    1. Approval of minutes of Closed Session meeting held on March 9, 2004.
    2. Approval of minutes of Closed Session meeting held on March 23, 2004.
  2. 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: McGreevy v. City of Hermosa Beach
    Case Number: YC046405
  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 13, 2004, at the hour of 10:11 p.m. to a Closed Session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 10:20 p.m. At 11:10 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, April 13, 2004, at the hour of 11:11 p.m. to the Regular Meeting on Tuesday, April 27, 2004, at the hour of 7:10 p.m.