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City Council Minutes June 22, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, June 22, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Jeff Duclos
ROLL CALL
Present: Keegan, Reviczky, Tucker, Mayor Yoon
Absent: Edgerton
ANNOUNCEMENTS
Councilmember Tucker announced that the grand opening of the new Sav-On Drugstore on Pacific Coast Highway was scheduled for 7:30 a.m. Friday, July 2, adding that the store would be a welcome asset to the City. He also noted the upcoming fundraiser for the Tim Kelly statue on June 27, at Sangria, starting at 5:00 p.m. He then expressed appreciation to the Council for adjourning the last meeting in memory of his father and thanked everyone who had sent sympathy cards.
Mayor Pro Tempore Reviczky said this was the last meeting before the 4th of July weekend and he wanted to remind all residents that fines during this holiday for open liquor container have been tripled up to $300.
Councilmember Keegan announced the Relay for Life at Aviation Park on Saturday, June 26, beginning at 9:00 a.m., with volunteers running the track over a 24-hour period to raise funds for the American Cancer Society, noting that the annual event raised more than $250,000 last year.
Mayor Yoon cheered the Titans baseball team of Cal State Fullerton, representing Southern California in the College World Series in Omaha.
PUBLIC PARTICIPATION:
There were no written communications this evening.
Coming forward at this time to address the Council were:
- Janet Courtney
- - Hermosa Beach, invited the Council and the community to the Surfin' Hermosa kick-off party Friday, June 25, at Galley C from 7:00 to 9:00 p.m., with complimentary appetizers, beer, wine, and soft drinks; said tickets were $20 from the Education Foundation's website at www.hbef.com or $25 at the door; said 20 surfboards decorated by artists would be on display around town from July 9 until they are auctioned off at a gathering at Sangria on September 9; and
- Susan Blaco
- - Hermosa Beach, reminded everyone about a luau fundraiser at Sangria on Sunday, June 27, from 5:00 p.m. to midnight, to raise funds for the bronze recasting of the Tim Kelly statue; with a raffle, food, dancing, and Hawaiian and Tahitian dancers; said tickets were $20 from any lifeguard station and $25 at the door.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (f) Tucker, and (h) Tucker.
Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
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Recommendation to approve the following minutes:
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Minutes of the Adjourned Regular meeting held on May 18, 2004; and,
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Minutes of the Regular meeting held on May 25, 2004.
Action:
To approve as presented the City Council minutes of the Adjourned Regular meeting of May 18, 2004, and the Regular meeting of May 25, 2004. (Edgerton absent)
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 36915 THROUGH 37029, AS RECOMMENDED BY THE CITY TREASURER.
Action:
To ratify the check register, as presented. (Edgerton absent)
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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. (Edgerton absent)
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Recommendation to receive and file the May 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 May 2004 financial reports, as presented. (Edgerton absent)
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated June 8, 2004.
Action:
To receive and file, as presented, the report giving the status of capital improvement projects that are either under design or construction. (Edgerton absent)
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Recommendation to approve a three-year contract extension with Kone Elevator Inc. for maintenance of the City Hall elevator and authorize the Mayor to execute and the City Clerk to attest the elevator maintenance contract extension subject to the approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated June 15, 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.
Action:
To direct staff to go out to bid to obtain service from one company for elevator maintenance at both City Hall and the North Pier parking structure (agenda item 2h) rather than have two separate contracts.
Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.
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Recommendation to accept the work by Orion Contracting, Inc. for Project No. CIP 02-189 Street Improvements - Myrtle Area; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Orion Contracting, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated June 14, 2004 (PDF File).
Action:
To approve the staff recommendation to :
- Accept the work by Orion Contracting, Inc. for project No. CIP 02-189 street improvements - Myrtle area;
- Authorize the mayor to sign the notice of completion; and
- Authorize staff to release payment to Orion Contracting, Inc. (10% retained for 35 days following filing of notice of completion). (Edgerton absent)
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Recommendation to approve a three-year service agreement with ThyssenKrupp Elevator Corporation in the amount of $5,252 for FY 04-05, $5,605 for FY 05-06, and $5,958 for FY 06-07 and authorize the Mayor to execute and the City Clerk to attest the elevator maintenance contract for a North Pier Parking Structure subject to approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated June 14, 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.
Action:
To direct staff to go out to bid to obtain service from one company for elevator maintenance of both the North Pier parking structure elevator and City Hall (agenda item 2f) rather than have two separate contracts.
Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of June 15, 2004.
Action:
To receive and file the action minutes of the Planning Commission meeting of June 15, 2004. (Edgerton absent)
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 1, 2004.
Action:
To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 1, 2004. (Edgerton absent)
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Recommendation to approve the appropriation from the Capital Improvement Fund in the amount of $26,930.53 to cover the design costs for telephone service associated with this proposed district and direct the City Manager to execute the agreement with Verizon. Memorandum from City Manager Stephen Burrell dated June 17, 2004 (PDF File).
Action:
To approve the staff recommendation to:
- Approve the appropriation from the Capital Improvement Fund in the amount of $26,930.53 to cover the design costs for telephone service associated with this proposed district; and
- Direct the City Manager to execute the agreement with Verizon. (Edgerton absent)
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(f) 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.
At 7:24 p.m., the order of the agenda was suspended to go to item 8(a).
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PUBLIC HEARINGS
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2004-2005 BUDGET AND CAPITAL IMPROVEMENT PROGRAM.
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ADOPTION OF 2004-2005 BUDGET. Memorandum from Finance Director Viki Copeland dated June 14, 2004 (PDF File).
Finance Director Viki Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Mayor Yoon suggested that speakers come to the podium to address topics in the following order: 1) a public art proposal to be funded by a percentage of development fees; 2) a pesticide-free open space and parks proposal; 3) a proposed encroachment fee Increase, and 4) all other budget topics.
The public hearing opened at 8:51 p.m. Coming forward to address the Council on the public art issue was:
Jean Lombardo - Hermosa Beach, discussed the arts proposal presented for Council consideration, noting that the artwork did not have to be a painting or sculpture but could include Gateway to the City or marquee projects, or anything else that complied with the rules defining art; said the City's Centennial anniversary is approaching and residents might want to present the City with art to make it beautiful for the celebration.
Action: To direct staff to investigate the placement of a 1% development fee on new construction and to develop the rules necessary to implement a public art program for Council consideration at a future meeting.
Motion Keegan, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
Coming forward to address the Council on the pesticide issue were:
Jeff Duclos - Hermosa Beach, discussed his proposal for a pesticide-free city and requested that the Council reconsider its rejection at the last budget workshop of the recommendation of the Recreation, Parks and Community Resources Advisory Commission and include $24,000 in the current budget to provide a healthier Hermosa Beach;
Betty Evans - Hermosa Beach, member of the Hermosa Beach Garden Club, said the chemicals in the product used for weed killing in the City have been responsible for 3,000 suspected cases of poisoning and common sense indicates that anything that kills weeds is not good for people; urged the Council to invest in a pesticide-free Hermosa Beach;
Dony Fields - Hermosa Beach, said the chemicals used for weed killing in the Greenbelt and parks go into the air that is breathed by residents, including children; said weeds could be covered by mulch; suggested the City to be the first in the South Bay to use no pesticides (City Manager Burrell emphasized that the product being used is a herbicide, not a pesticide); and
Mary Lou Weiss - Hermosa Beach, said the environment was important to all City residents; noted that she managed 250 community gardens in Torrance and no chemicals were used there for weed control; provided the City Council with a formula for an effective natural weed killer consisting of vinegar, salt, and liquid soap.
Proposed Action: To approve the recommendation of the Parks, Recreation and Community Resources for an additional budgetary expenditure to make all City parks and open space pesticide free.
Motion Keegan. The motion died for lack of a second.
Proposed Action: To direct staff to evaluate and report back on the current landscape contract and the possible re-bidding to request an alternate to the use of chemicals.
Motion Keegan, second Tucker. The motion failed, noting the dissenting votes of Mayor Pro Tempore Reviczky and Mayor Yoon, and the absence of Councilmember Edgerton.
Action: To direct staff to prepare a summary work plan, including a list of City projects and programs on the topic of landscaping and pesticides for further discussion at a future Council meeting.
Motion Mayor Yoon, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.
Coming forward to address the Council on the encroachment fee issue were:
Patrick Hahn - Patrick Malloy's, opposed an encroachment fee increase to $4 per square foot for Plaza businesses open after midnight; asked why the operating hours made a difference; noted recent increases in rent and liability insurance and said this increase seemed excessive;
Ron Newman - Aloha Sharkeez, said businesses in Huntington Beach were encouraged to use the sidewalk as a patio area and were charged only $1 per square foot; asked about fair market value; thought $2 was about right, even though it was a 100% increase from the $1 previously charged; questioned the fairness of not considering a fee increase for businesses open after midnight in other parts of the City;
Gary Vincent - Fat Face Fenner's Fishack, noted the inconsistency in imposing an encroachment fee increase on some businesses and not others; said the proposed increase was almost cost prohibitive; and,
John Bichetti - Zeppy's Pizzeria, agreed that the increase seemed unfair; said his business would be severely impacted.
Action: To (1) approve encroachment fees at $2 per square foot; (2) direct staff to hire a consultant to conduct an appraisal to provide fair market values of Pier Plaza restaurants and bars that are open after midnight; and (3) report back to Council at a future meeting.
Motion Tucker, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.
Proposed Action: To direct staff to investigate the possibility of assessing the Pier Plaza restaurant and bars that are open after midnight to pay the cost of the of the additional police officers stationed on the Plaza.
Motion Tucker. The motion was subsequently withdrawn.
Coming forward to address the Council on other budget issues were:
Julian Katz - Hermosa Beach, Hermosa Beach Lawn Bowling Club, thanked the Council for including in the budget new sod for the club; and
Jim Lissner - Hermosa Beach, said a meeting with business owners and the Police Department took place about a month ago and there was supposed to be another meeting a couple weeks later with residents and the Police Department to discuss the downtown; asked when this second meeting would be held, saying the City budget is very much affected by the downtown.
The public hearing closed at 10:00 p.m.
Councilmember Tucker asked that the record reflect that Councilmember Edgerton was unable to attend tonight's meeting and had hoped that the budget adoption could be put off to the following meeting; however, City Manager Burrell indicated that the deadline for budget adoption would not allow a postponement.
Action: To approve the staff recommendation to adopt Resolution No. 04-6344, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2004-2005," with the preliminary budget amended to reflect a $2/square foot encroachment fee rather than the $4/square foot rate that was proposed for Plaza businesses open after midnight.
Motion Keegan, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.
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ADOPTION OF 2004-2005 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 16, 2004 (PDF File).
RECOMMENDATION: Adopt resolution setting the 2004-2005 appropriations limit.
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REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2004. Memorandum from City Manager Stephen Burrell dated June 2, 2004 (PDF File).
RECOMMENDATION: Receive testimony from affected property owners regarding their delinquent refuse bills and adopt resolution authorizing and directing the County Assessor to include delinquent refuse charges, which remain ten days following this hearing, as a special assessment for collection as part of the County tax collection process.
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HEAR AND CONSIDER PROTESTS AND OBJECTIONS TO THE PROPOSED ASSESSMENT DISTRICT NO. 2004-1 (BEACH DRIVE) AND THE REPORT, AND TO RECEIVE AND COUNT THE BALLOTS FOR AND AGAINST THE PROPOSED ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated June 16, 2004 (PDF File).
RECOMMENDATION: Conduct public hearing, tabulate ballots and, if approved, adopt resolution implementing assessment district.
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MUNICIPAL MATTERS
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REQUEST FOR WAIVER OF FEES FOR HERMOSA BEACH ART WALK, UPDATE ON PARKING FOR THE EVENT. Memorandum from City Manager Stephen Burrell dated June 17, 2004 (PDF File).
RECOMMENDATION: That the City Council consider waiving the fees in connection with this event in the amount of $1,101.00 to $367.00 per event.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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PROPOSAL FROM SOUTH BAY MINI TO CONSTRUCT A NEW CAR DEALERSHIP AND PRE-OWNED BMW FACILITY AT THE PRESENT SITE OF SOUTH BAY BMW AND SHARE PROPERTY AND SALES TAX FOR A PERIOD OF 10 YEARS. Memorandum from City Manager Stephen Burrell dated June 17, 2004 (PDF File).
RECOMMENDATION: That the City Council review the proposal and analysis of it and determine whether or not the City is interested in such an arrangement.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES - BOARDS AND COMMISSIONS
EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 21, 2004 (PDF File).
RECOMMENDATION: That the City Council schedule a meeting prior to the regular meeting of July 13, 2004 for the purpose of interviewing applicants for the Civil Service Board and the Planning Commission.
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OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
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.
NONE
ADJOURNMENT
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