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City Council Minutes May 25, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, May 25, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
- high school student accepted at Syracuse University
ROLL CALL:
Present: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
ANNOUNCEMENTS
- Councilmember Tucker urged all residents, particularly those with large vehicles, to park as close to the curb as possible and to tell their visitors to do so as well so that emergency vehicles may pass down the streets if needed.
Mayor Pro Tempore Reviczky announced that at the Fiesta Hermosa over Memorial Day weekend, there would be a scroll adjacent to the information booth on which interested parties may write messages of support and best wishes to the troops, which will be sent to Iraq.
Mayor Yoon announced the Firefighters Association's Pancake Breakfast at the fire station on Sunday, May 30, from 7:00 a.m. to 11:00 a.m., with tickets at $5 and $2 for children under five. He also announced the Heal the Bay annual fundraiser at the Santa Monica Pier on Thursday, June 3, with all proceeds going to Heal the Bay programs, such as the beach report card, which add quality to our lives, and said to contact him via his website at artyoon.com for more information.
CLOSED SESSION REPORT FOR MEETING OF MARCH 11, 2004:
No reportable actions.
PUBLIC PARTICIPATION
- None
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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: (i) Keegan and (j) Tucker.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
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Recommendation to receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of the Regular meeting of May 11, 2004 (PDF File).
Action: To receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of the regular meeting of the City Council held on May 11, 2004.
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 36592 THROUGH 36770, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 36127, 36440, AND 36662 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).
Action: To receive and file tentative future agenda items, as presented.
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Recommendation to receive and file the April 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 April 2004 Financial Reports.
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated May 17, 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 Planning Commission meeting of May 17, 2004.
Action: To receive and file the action minutes of the Planning Commission meeting of May 17, 2004.
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 4, 2004.
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of May 4, 2004.
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Recommendation to approve amendment to City Manager employment agreement effective January 1, 2003 through December 31, 2004. Memorandum from Councilmember Edgerton and Councilmember Keegan dated May 17, 2004 (PDF File).
Action: To approve the amendment to the City Manager employment agreement effective January 1, 2003 through December 31, 2004.
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Recommendation to allow the use of half of Lot B by the Tim Kelly Memorial Committee on June 27, 2004 from 5:00pm to 9:30pm and waive the use fees. Memorandum from City Manager Stephen Burrell dated May 20, 2004 (PDF File).
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting to thank Councilmember Tucker and other committee members who have worked hard to see the Tim Kelly statue recast in bronze.
Action: To allow the use of half of Lot B by the Tim Kelly Memorial Committee on June 27, 2004 from 5:00 p.m. to 9:30 p.m. and to waive the use fees.
Motion Keegan, second Edgerton. The motion carried, noting the abstention of Councilmember Tucker because of his committee membership.
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Recommendation to award the bid of dance floor including attached specifications to Hoover Floor Covering Contractors for the amount of $10,495 and authorize staff to issue the appropriate purchase documents as required. Memorandum from Community Resources Department dated May 20, 2004 (PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
City Manager Burrell responded to Council questions regarding the price disparity of the two bids and proper preparation of the floor before installation.
Action: To award the bid of dance floor including attached specifications to Hoover Floor Covering contractors for the amount of $10,495 and authorize staff to issue the appropriate purchase documents as required.
Motion Tucker, second Reviczky. The motion carried by a unanimous vote.
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CONSENT ORDINANCES
None.
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(i) and (j) 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.
At 7:20 p.m., the order of the agenda was suspended to go to item 7(a).
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PUBLIC HEARINGS
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TEXT AMENDMENT 03-3 TO CLARIFY THE DIFFERENCES BETWEEN SNACK SHOPS AND RESTAURANTS. (Continued from meeting of May 11, 2004) Memorandum from Community Development Director Sol Blumenfeld (PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:25 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:25 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 04-1241, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE, CHAPTER 17.04 DEFINITIONS, AND CHAPTER 17.44 OFF-STREET PARKING PERTAINING TO THE DEFINITION AND PARKING REQUIREMENTS FOR SNACK SHOPS," amended to add a definition of "queuing" (ordering and paying at a counter and waiting for food or having it brought to a table) as an element of a snack shop and to set a maximum seating capacity of 25 for a business to be considered a snack shop.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
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THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2003-2004 FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30, 2005. Memorandum from Public Works Director Richard Morgan dated (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:32 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:32 p.m.
Action: To approve the staff recommendation to:
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Conduct a public hearing in connection with the levy of assessments for fiscal year 2004-2005; and
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Adopt Resolution No. 04-6340, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, 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."
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
The meeting recessed at 8:38 p.m.
The meeting reconvened at 8:50 p.m., with item 6(a).
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MUNICIPAL MATTERS
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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONCERNING TJ CHARLYZ (1332 HERMOSA AVENUE) REQUEST TO ADD DANCING TO THEIR LICENSE. Memorandum from Police Chief Michael Lavin dated May 17, 2004 (PDF File). Supplemental information, P.C. Resolution No. 03-14 was received on May 25, 2004.
Police Chief Lavin presented the staff report and responded to Council questions.
Action: To recommend to the Department of Alcoholic Beverage Control the rejection of the application by TJ Charlyz Nightclub and Restaurant to change their existing alcohol license to allow dancing in their establishment.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
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DEPLOYMENT OF POLICE PERSONNEL FOR THE FOURTH OF JULY HOLIDAY. Memorandum from Police Chief Michael Lavin dated May 17, 2004 (PDF File).
Police Chief Lavin presented the staff report and responded to Council questions.
Action: To receive and file the report.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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AWARD OF BID OF THE WIFI HERMOSA BEACH PROJECT; REPORT OF BIDS; REQUEST FOR ADDITIONAL APPROPRIATION IN THE AMOUNT OF $5,000. Memorandum from City Manager Stephen Burrell dated May 20, 2004 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Mayor Yoon recused himself and left the dais due to a potential conflict of interest since his employer is a provider of high-speed internet.
Coming forward to address the Council on this item was:
- Eric Black
- - L.A. Unplugged, explained that his company had submitted two bids, with two different technologies, and that the Strix technology had been selected by the City.
Action: To award the bid for Phase I Deployment of the WiFi Hermosa Beach Project to L.A. Unplugged (Strix) in the amount of $34,982; appropriate $5000 to cover the additional costs to the existing budget for this project, and authorize the City Manager to execute the agreement with L.A. Unplugged (Strix).
Motion Keegan, second Edgerton. The motion carried, noting the dissenting vote of Tucker and the absence of Mayor Yoon.
At 9:24 p.m., Mayor Yoon returned to the dais and the order of the agenda went to item 9.
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PERMIT PARKING PROGRAM TO PARK IN THE PREFERENTIAL PERMIT AREAS AND AT METERS. Memorandum from City Manager Stephen Burrell dated May 20, 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:
- Susan Blako
- - Hermosa Beach, said she had lived in the City for 37 years, the first nine years in the impacted parking zone, and now east of the highway; said she felt like second-class citizen, that if she wanted to walk on the Strand, go to the beach or a downtown restaurant, she had to pay for parking and ran the risk of being ticketed; said the silver meter program should remain and the permit being considered should be for the yellow meters only; said she sometimes had trouble parking in her neighborhood on weekend nights; questioned the hanging permits for visitors, which meant that visitors could park at the beach when residents could not; said the Coastal Commission should require public access in Malibu if they want other cities to comply with their regulations.
Action: It was the consensus of the City Council to continue this item to September 28, 2004, so as not to adopt new regulations during summer, for consideration of a Parking Permit Program for those that live outside the preferential area, with direction to staff to develop a program and set a date for a public hearing to receive input on a proposed plan.
At 8:05 p.m., the order of the agenda returned to public hearing item 5(a).
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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BUDGET STUDY SESSION - ADDITIONAL MEETING. Memorandum from City Manager Stephen Burrell dated May 20, 2004 (PDF File).
Action: It was the consensus of the City Council to hold the next budget Study Session on Monday, June 7, at 7:10 p.m.
At 7:25, the order of agenda moved to item 8(a)
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES - BOARDS AND COMMISSIONS
BOARD OF APPEALS (HOUSING ADVISORY AND APPEALS BOARD). Memorandum from City Clerk Elaine Doerfling dated May 19, 2004. (PDF File). Supplemental late application received from James Walker on May 24, 2004.
Action: To direct the City Clerk to re-advertise the vacancy and invite additional applications.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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VACANCIES - BOARDS AND COMMISSIONS
UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 12, 2004. (PDF File).
Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Planning Commission terms the will expire June 30, 2004 and two Civil Service Board terms that will expire July 15, 2004.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
At 7:29 p.m., the order of the agenda moved to item 6(d)
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OTHER MATTERS - CITY COUNCIL
Action: To agendize an item to discuss including dancing in a CUP for a bar or restaurant.
Motion Reviczky, second Keegan
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 25, 2004, at the hour of 9:27 p.m. to an Adjourned Regular Meeting on Monday, June 7, 2004, at the hour of 7:10 p.m. for the purpose of conduction a Budget Study Session.
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