City Council Minutes May 11, 2004

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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, May 11, 2004, at the hour of 7:12 p.m.

PLEDGE OF ALLEGIANCE

Maria Flannigan

ROLL CALL

Present: Keegan, Edgerton, Reviczky, Tucker, Mayor Yoon
Absent: None

ANNOUNCEMENTS

Councilmember Tucker announced a luau fundraiser for the Tim Kelly statue at 5:00 p.m. on Sunday, June 27, at Sangria, and provided posters with details. He congratulated both local high school volleyball teams, Mira Costa and Redondo, tied in the Bay league.

Mayor Yoon announced the annual fundraiser for Dig for Kids, an organization founded by Olympic gold medal winner Eric Fonoimoana, to be held on Friday, May 14, from 5:00 to 8:00 p.m., at Sangria, with tickets at $40 per person. He said due to work obligations, his office hours this week and next week would be Wednesday, instead of Monday, and invited anyone interested in discussing City issues to join him for a cup of coffee from 7:00 to 8:30 p.m. at Java Man.

PROCLAMATIONS & PRESENTATIONS

NATIONAL PUBLIC WORKS WEEK
MAY 16-22, 2004

Mayor Yoon presented a proclamation to Public Works Director Morgan, declaring May 16-22, 2004 as National Public Works Week in Hermosa Beach.

CLOSED SESSION REPORT FOR MEETING OF APRIL 27, 2004: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no oral or written communications this evening.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: (d) Reviczky.
    Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

    1. Recommendation to approve the following minutes:

      1. Minutes of the Regular meeting held on April 13, 2004; and,
      2. Minutes of the Regular meeting held on April 27, 2004.

      Action: To approve as presented the City Council minutes of the Regular meetings of April 13, 2004, and April 27, 2004.

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 36461 THROUGH 36591, INCLUSIVE.

      Action: To ratify the check register as presented.

    3. Recommendation to receive and file Tentative Future Agenda Items.

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

    4. Recommendation to accept donations of $1,210.00 from the Woman's Club of Hermosa Beach to be used toward the cost of SART exams; $250.00 from the Hermosa Kiwanis Foundation to be used for the Eggstravaganza event; $650.00 from Hawthorne Savings 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 (on-going donation). Memorandum from Finance Director Viki Copeland dated May 3, 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:

      1. $1,210 from the Women's Club of Hermosa Beach to be used toward the cost of SART exams;
      2. $250 from the Hermosa Kiwanis Foundation to be used for the Eggstravaganza Event;
      3. $650 from Hawthorne Savings to be used for the Eggstravaganza Event; and
      4. $50 from Employees Community Fund of Boeing Southern California (Christopher R. Ashley) to be used for parks and recreation programs (on-going donation).

      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 April 21, 2004.

      Action: To receive and file the action minutes of the Public Works Commission meeting of April 21, 2004.

    6. Recommendation to approve County Project No. 1105 - Low Flow Diversion of the Herondo Street Storm Drain. Memorandum from Public Works Director Richard Morgan dated April 28, 2004 (PDF File).

      Action: To approve County Project No. 1105 - low flow diversion of the Herondo Street storm drain, as recommended by staff.

    7. 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 April 29, 2004 (PDF File).

      Claimant: Wells, Sean
      Date of Loss: 11-13-03
      Date Filed: 04-28-04

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

    8. Recommendation to receive and file notice of closed claims. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 28, 2004 (PDF File).

      Action: To receive and file the notice of closed claims.

    9. Recommendation to authorize the Mayor to execute the Grounds Maintenance Agreement with the County of Los Angeles for maintenance of the Library. Memorandum from Public Works Director Richard Morgan dated April 28, 2004 (PDF File).

      Action: To authorize the Mayor to execute the Grounds Maintenance Agreement with the County of Los Angeles for maintenance of the Library, as recommended by staff.

    10. Recommendation to approve the 18th Street Walkstreet Renovation Project to be privately funded and constructed by the residents in participation with Public Works; approve the expenditure of the not-to-exceed amount of $4,000 to provide irrigation piping, irrigation controller, electrical conduit, pull boxes and wiring; and, waive Encroachment Permit fee. Memorandum from Public Works Director Richard Morgan dated May 4, 2004 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve the 18th Street Walkstreet Renovation Project to be privately funded and constructed by the residents in participation with Public Works;
      2. Approve the expenditure of the not-to-exceed amount of $4,000 to provide irrigation piping, irrigation controller, electrical conduit, pull boxes and wiring; and
      3. Waive the Encroachment Permit fee.

    11. Recommendation to accept the work by Sialic Contractors Corporation dba Shawnan for Project No. CIP 00-411 Sewer and Street Improvements - Target Area 1; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Shawnan (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated May 3, 2004 (PDF File).

      Action: To approve the staff recommendation to:

      1. Accept the work by Sialic Contractors Corporation DBA Shawnan for Project No. CIP 00-411 - sewer and street improvements - Target Area 1;
      2. Authorize the mayor to sign the notice of completion; and
      3. Authorize staff to release payment to Shawnan (10% retained for 35 days following filing of notice of completion.

    12. Recommendation to accept the work by Sialic Contractors Corporation dba Shawnan for Project Nos. CIP 00-410 & 00-192 Loma Area Sewer and Street Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Shawnan (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated May 3, 2004 (PDF File).

      Action: To approve the staff recommendation to:

      1. Accept the work by Sialic Contractors Corporation DBA Shawnan for Project Nos. CIP 00-410 and 00-192 - Loma area sewer and street improvements;
      2. Authorize the Mayor to sign the notice of completion; and
      3. Authorize staff to release payment to Shawnan (10% retained for 35 days following filing of notice of completion).

    13. Recommendation to adopt resolutions approving the Engineer's Report for Hermosa Beach Landscaping & Street Lighting District 2004-2005 ("District") made pursuant to the requirements of Resolution No. 03-6257 and declaring the City Council's intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1, 2004 through June 30, 2005; and setting May 25, 2004, to accept public input on the matter of the proposed assessment. Memorandum from Public Works Director Richard Morgan dated May 3, 2004 (PDF File).

      Action: To approve the staff recommendation to:

      1. Adopt Resolution No. 04-6338, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT N CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2004-2005" and
      2. Adopt Resolution No. 04-6339, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2004-2005 FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30, 2005, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO."

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 04-1240 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM SPECIFIC PLAN AREA NO. 7 (COMMERCIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 710 SECOND STREET AND LEGALLY DESCRIBED AS LOT 99, WALTER RANSOM CO'S VENABLE PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated May 5, 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 unanimous vote.

      Action: To waive full reading and adopt Ordinance No. 04-1240.
      Motion Edgerton, second Reviczky. The motion carried by the following vote:

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

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(d) was heard at this time but is shown in order for clarity.

    Public comments on items removed from the consent calendar are shown under the appropriate item.

    5. At 7:22 p.m., the order of the agenda was suspended to go to 9 (a).

  5. PUBLIC HEARINGS

    1. CONSIDERATION FOR APPROVAL OF 2004 COMMERCIAL SPECIAL EVENT FOR AVP HERMOSA OPEN BEACH VOLLEYBALL TOURNAMENT, JULY 22-25, 2004. Continued from meetings of 3/9/04 & 4/13/04. Memorandum from Community Resources Department dated May 4, 2004 (PDF File). Supplemental resolution (No. 94-5708). Supplemental letter from James Lissner dated May 11, 2004.

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

      The public hearing opened at 7:43 p.m. Coming forward to address the Council on this item were:

      Matt Gage, Hermosa Beach, AVP Tour Director
      - said this was the 35th year for the Hermosa Beach Open, with AVP involvement for the last 20 years, and he wanted to make sure this and every future tournament is world class; said there would be five separate sets of bleachers, with attractive tents and interesting activities; requested waiver of the film permit fee, noting that there would be a live telecast of the event, with NBC providing national coverage for a total of three hours on Saturday and Sunday; said the event was family-oriented, with a clinic for kids with the pros, as well as a junior tournament; said event merchandise and souvenirs would be sold on the beach and food booths, if they have them, would be on the Plaza; said the concert was proposed for Saturday and AVP would pay for the installation of the proposed banners on street light poles; discussed their proposal for a beer garden, with proceeds going to the Hermosa Beach Education Foundation;
      Maria Flannigan
      - Hermosa Beach, Co-President of the Hermosa Beach Education Foundation, spoke in support of the event, said AVP was offering all profits from their beer garden to the Education Foundation; said the Foundation Board had not met yet to discuss the proposal but did not anticipate any opposition;
      Carla Merriman
      - Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, said they had first met with AVP nine months ago and the Chamber of Commerce was supportive of the event, particularly the television coverage, but expressed concern about decreased restaurant revenue and sales tax if AVP has food booths; also cautioned the Education Foundation about the cost and liability involved with a beer garden; and
      Dave Williams
      - Hermosa Beach, representing AVP, said they partnered with community charity groups for all their events and would cover all costs associated with the beer garden, including insurance; said they did not expect an unruly drinking crowd and wanted to have the beer garden on the beach so that patrons would still be able to watch the games; said they had not yet arranged for food booths.

      The public hearing closed at 8:14 p.m.

      Action: To waive the film permit fees, as requested.
      Motion Edgerton, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Tucker.

      Further Action: To approve the music concert and authorized staff to approve any change from Sugar Ray to another group.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

      Proposed Further Action: To approve a beer garden on the beach, with all costs for insurance and permits borne by AVP, and with all proceeds to go to the Hermosa Beach Education Foundation, subject to their Board approval.
      Motion Edgerton, second Tucker. The motion failed, noting the dissenting votes of Keegan, Reviczky, and Mayor Yoon.

      Final Action: To approve the AVP Hermosa Open Beach Volleyball Tournament and amend the contract as noted above, with additional direction to require signage from the freeway to shuttle locations, to require additional portable toilets, to clarify that only Parking Lot B would be used, and to remove from the contract the model contest and food booths on Pier Plaza.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

    2. TEXT AMENDMENT 03-3 TO CLARIFY THE DIFFERENCES BETWEEN SNACK SHOPS AND RESTAURANTS. Memorandum from Community Development Director Sol Blumenfeld (PDF File).

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

      The public hearing opened at 8:54 p.m. 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 she spoke at Planning Commission meetings about the difference between a restaurant and a snack shop; said the Vanilla Bean on Pier Avenue closed because of this issue; said she did not see table service as the proper criteria for determining the type of business; stressed the importance of assisting small businesses whenever possible.

      The public hearing closed at 8:55 p.m.

      Action: To reopen and continue the public hearing to the next meeting, with direction to staff to provide additional information regarding the names of businesses which might be affected, along with their square footage and capacity.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    6. The meeting recessed at 8:59 p.m.
    The meeting reconvened at 9:10 p.m., with item 6(a).

  6. MUNICIPAL MATTERS

    1. PRESENTATION OF BEACH CITIES TRANSIT PLAN DEVELOPED BY REDONDO BEACH. Memorandum from City Manager Stephen Burrell dated May 6, 2004 (PDF File).

      Terisa Price, Transit Manager for the City of Redondo Beach gave a PowerPoint presentation, providing a timeline of discussions thus far, goals of the plan, specific routes, and a request for Council input. She introduced Martin Gombart of Mobility Advancement Group and both of them responded to Council questions.

      Coming forward to address the Council on this issue were:

      Susan Blako
      - Hermosa Beach, said she had always wished for a bus route between the three cities but nothing runs east of Pacific Coast Highway; said walking the steep hills between PCH and Prospect was difficult;
      Carla Merriman
      - Executive Director the Hermosa Beach Chamber of Commerce and Visitors' Bureau, applauded the efforts of Ms. Price but said there were funding issues and a need to study and adjust the proposed routes; said a beach shuttle between the cities would be very good for both visitors and residents and she also saw the value of a shuttle service just in Hermosa Beach for visitors, students, and residents, which she thought would be beneficial for the businesses as well;
      Darian Debellis
      - Hermosa Beach, said some routes were better than others but there would be varying opinions, noting that input from Manhattan Beach was yet to come; said the WAVE was costly and he believed transit and dial-a-ride were separate issues; said the cities of Torrance, Carson, and Huntington Park had abandoned van-type dial-a-ride systems in favor of taxis, noting the advantages included less waiting and travel time; and
      Mike Downs
      - representing Laidlaw, which operates the WAVE, explained in response to a Council question, that one reason usage is higher in the summer is because of participation in Parks and Recreation activities and incentives to encourage groups to use the WAVE.

      Action: To keep the taxi voucher system for seniors and the disabled and discontinue the current WAVE program, using those funds instead for a shuttle service between the beach cities, with direction for an oval route running along the coast and east to west throughout the three beach cities, and to further direct staff to determine the cost and to investigate whether there is an interest in having a Hermosa Beach local route.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

    2. FILM PERMIT POLICY AND FEE SCHEDULE. Memorandum from Community Resources Department dated March 9, 2004 (PDF File).

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

      Action: To adopt the revised film permit policy and application, with a change to remove specific rates from the rate schedule and simply state "prevailing rates," to ensure that the City's costs are covered.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

      3. At 10:25 the order of the agenda moved to item 6(d)

    3. MARINELAND MOBILEHOME PARK - SET PUBLIC HEARING TO CONSIDER THE ISSUANCE BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY OF ITS MOBILEHOME PARK REVENUE BONDS TO FINANCE THE MARINELAND MOBILEHOME PARK PROJECT. Memorandum from City Manager Stephen Burrell dated May 5, 2004 (PDF File).

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

      Action: To schedule a public hearing for June 8, 2004, to consider the subject financing for Marineland Mobilehome Park.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

      4. At 7:30 p.m., the order of the agenda was returned to public hearing items 5(a) and (b).

    4. CONSIDERATION OF ISSUES PERTAINING TO THE CITY'S CAMPAIGN FINANCE ORDINANCE. Memorandum from City Attorney Michael Jenkins dated May 6, 2004 (PDF File).

      City Attorney Jenkins presented the staff report and responded to Council questions. City Clerk Doerfling also responded to Council questions.

      Coming forward to address the Council at this time was:

      Jim Lissner
      - Hermosa Beach, said it was not appropriate to spend City funds to investigate what appeared to him to be personal issues.

      Action: To receive and file report and direct staff to return with proposals for revisions to the City's campaign finance ordinance.
      Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Edgerton.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    NONE

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Mayor Pro Tem Reviczky to consider adoption of an agreement to support employees now serving in the Guard and Reserve forces.

      Mayor Pro Tem Reviczky spoke to his request.

      Action: To adopt an agreement to support employees now serving in the Guard and Reserve Forces.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    10. At 7:25 p.m., the order of the agenda was suspended to go to item 6(c).

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 April 13, 2004.
    2. Approval of minutes of Closed Session meeting held on April 27, 2004.

  2. 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, May 11, 2004, at the hour of 10:50 p.m. to a Closed Session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 10:51 p.m. At 11:05 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, May 11, 2004, at the hour of 11:06 p.m. to an Adjourned Regular Meeting on Tuesday, May 18, 2004, at the hour of 7:10 p.m. for the purpose of conduction a Budget workshop.

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