Council Minutes

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, September 28, 2004, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

Webelos from Pack 860

ROLL CALL

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

ANNOUNCEMENTS

Mayor Pro Tempore Reviczky spoke of the success of the Hermosa Beach Sister City Association auction of September 26, saying it was very enjoyable and raised a lot of money, which will allow the Association to pursue its many worthwhile programs.

Councilmember Keegan announced a third WiFi class on Saturday, October 4, at 7:00 p.m. in the Council Chambers at City Hall. He then congratulated Fire Chief Russ Tingley as head of the League of California Cities Fire Chief Association.

Councilmember Edgerton asked that the winner of his auction item at the Sister Cities Fundraiser contact him to make plans for their cruise on his boat. He then described a progressive dinner being held by the Hermosa Beach Education Foundation, at which, the appetizer, main course, and dessert would be held at three beautiful homes in the City.

PRESENTATIONS

Mayor Yoon presented a proclamation to Randy Fortunato, owner of the Bottle Inn, congratulating him on 30 years of success in the community.

Carla Merriman, Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau also presented a plaque to Randy Fortunato.

Randy Fortunato thanked Mayor Yoon and Ms. Merriman for the proclamation and plaque and said that he was grateful for the widespread, favorable reputation held by the Bottle Inn and said the restaurant also reflected well on Hermosa Beach.

PUBLIC PARTICIPATION:

  1. Letter from Roger Creighton and Paul Ishikawa dated August 30, 2004.

    No one came forward to speak on this issue.

  2. Letter from Elaine Doerfling, President of the Woman's Club of Hermosa Beach, dated September 21, 2004, requesting the waiver of the $236.00 banner fee for their 14th Annual Pancake Breakfast on October 24, 2004.

    City Manager Burrell said staff recommended approval of the request.

    Action:To agendize the request for the October 12, 2004, Council meeting. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

  3. Letter from Redondo Union High School requesting sponsorship for their Centennial Celebration.

    Action: To agendize the request for the October 12, 2004, Council meeting. Motion Mayor Yoon, second Edgerton. The motion carried by a unanimous vote.

    There were no oral communications.

    1. CONSENT CALENDAR:

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

      At 7:20 p.m., the order of the agenda was suspended to go to item 4, items removed from the consent calendar.

      1. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES

        1. Adjourned Regular meeting held on September 14, 2004; and
        2. Regular meeting held on September 14, 2004.

        Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of September 14, 2004, and the Regular meeting of September 14, 2004.

      2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 37845 THROUGH 38031 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 37145, 37597, AND 37987, 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 RECEIVE AND FILE THE AUGUST 2004 FINANCIAL REPORTS:

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

        Action: To receive and file the August 2004 financial reports.

      5. RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 22, 2004. (PDF File).

        Action: To receive and file notice of closed claim.

      6. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 20, 2004. (PDF File).

        Action: To receive and file the status report of capital improvement projects that are either under design or construction as of August 31, 2004.

      7. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 2004. (PDF File).

        This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.

        Action: To review and reconsider the Planning Commission’s approval of a Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map No. 51290 for an 18,000 square foot commercial building containing 54 commercial condominium units at 200 Pier Avenue (item 10 on the Planning Commission action sheet). Motion Tucker, second Yoon.

        Further Action: To receive and file the remainder of the action minutes of the Planning Commission meeting of September 21, 2004. Motion Tucker, second Reviczky. The motion carried by a unanimous vote.

      8. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 04-115 STREET IMPROVEMENTS – 20TH STREET FROM VALLEY DRIVE TO POWER STREET IN THE AMOUNT OF $22,158; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PSA SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $2,500. Memorandum from Public Works Director Richard Morgan dated September 21, 2004.(PDF File).

        Action:Approve staff recommendation to:

        1. Award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 04-115 Street Improvements – 20th Street from Valley Drive to Power Street in the amount of $22,158;
        2. Authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney; and
        3. Authorize the Director of Public Works to make changes to the agreement up to $2,500.

      9. RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 2003-04 TO 2004-05. Memorandum from Finance Director Viki Copeland dated September 21, 2004.(PDF File).

        Action To approve the reappropriation of funds from 2003-04 to 2004-05.

      10. RECOMMENDATION TO APPROVE REVISED CLASS SPECIFICATIONS FOR POLICE SERVICE OFFICER SUPERVISOR AND COURT LIAISON OFFICER. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 23, 2004. (PDF File).

        Action: To approve the revised class specifications for Police Service Officer Supervisor and Court Liaison Officer.

      11. RECOMMENDATION TO ADOPT RESOLUTION INTERPRETING A PARTIAL O-S OPEN SPACE ZONING DESIGNATION FOR RESIDENTIAL PROPERTIES LOCATED AT 517 AND 521-521˝ LOMA DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated September 23, 2004(PDF File).

        Action: To approve the staff recommendation to adopt Resolution No. 04-6358, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CLARIFYING THE BOUNDARY OF THE GENERAL PLAN OPEN SPACE DESIGNATED AREA FOR SOUTH SCHOOL SITE, NOW KNOWN AS SOUTH PARK, AS ESTABLISHED BY PROPOSITION O, AND THEREBY CORRECTING THE GENERAL PLAN MAP AND ZONING MAP AS THEY PERTAIN TO THE REAR PORTIONS OF THE LOTS LOCATED AT 517 AND 521-521 ˝ LOMA DRIVE (LOTS 5 AND 4 OF BLOCK K, TRACT 1686).”

      12. RECOMMENDATION TO DIRECT CITY MANAGER TO SIGN LETTERS OF AGREEMENT WITH SOUTHERN CALIFORNIA EDISON CONCERNING EXEMPTIONS FOR THE CIAC/ITCC TAX FOR TWO UNDERGROUND DISTRICTS THAT ARE IN THE ASSESSMENT PROCESS: BAYVIEW/PALM DRIVES PROJECT AND BONNIE BRAE STREET PROJECT. Memorandum from City Manager Stephen Burrell dated September 23, 2004.(PDF File).

        Action:To direct the City Manager to sign Letters of Agreement with Southern California Edison concerning exemptions for the CIAC/ITCC Tax for two underground districts that are in the assessment process: Bayview/Palm Drives Project and Bonnie Brae Street Project.

    2. CONSENT ORDINANCES

      None

    3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

      Item 2(g) 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.

      At 7:27 p.m., the order of the agenda went to item 8(a).

    4. PUBLIC HEARINGS

      1. PUBLIC HEARING REGARDING ADDING A PARKING PERMIT TO ALLOW HOLDERS THAT DO NOT LIVE IN THE PREFERENTIAL PERMIT PARKING AREA TO PARK WITHOUT PAYING METERS OR LONGER THAN THE POSTED TIME FRAME.Memorandum from City Manager Stephen Burrell dated September 21, 2004. A supplemental memo from Finance Director Viki Copeland was received on September 28, 2004.(PDF File).

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

        The public hearing opened at 7:52 p.m. Coming forward to address the Council on this item were:

        Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said the downtown business owners supported the proposal because it would bring more residents to the downtown area for dining and shopping, which would contribute to the success of their business, particularly in the non-summer months and during the week;

        John Hales – Hermosa Beach, gave a history of parking meters in the City, stating that he had a full page ad published in 1946 announcing the first parking meters with the intent to make money for the City and to provide nearby parking for merchants; said he supported preferential parking for residents and said he would be willing to pay a reasonable amount for a permit so that he could shop in Hermosa Beach;

        Vicki Garcia – Hermosa Beach, spoke in support of the proposal, noting that the cost of the permit would have to be weighed against the number of times a resident parked downtown; opposed any plan that would take parking from other residents; said it was unfair that someone living in the northern portion of the impacted area could drive to the south side and park for free; said that parking was difficult in all areas; and

        Susan Blaco – Hermosa Beach, said at one time parking permits were available for all residents and said that she had been using a cash key for parking meters at a cost of about $80 a year.

        The public hearing closed at 8:02 p.m.

        Proposed Action: To approve a permit program to enable all residents to park in the downtown area at silver meters Monday through Friday during non-summer months.
        Motion Mayor Yoon. The motion died for lack of a second.

        Proposed Action: To approve a permit program to enable all residents to park in the downtown area at yellow meters at the same times offered to people in the impacted zone.
        Motion Edgerton. The motion died for lack of a second.

        Proposed Action: Expand cash key program to allow for a discount to residents and try to find some way to give residents an opportunity to upgrade and add to the cash keys when City Hall is closed.
        Motion Mayor Yoon, second Tucker. The motion was replaced with a substitute motion.

        Action:To direct staff to report back on a cash key program that allows for resident discounts and to explore other parking meter technology for better efficiency, including the opportunity to upgrade cash keys when City Hall is closed.
        Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

    5. MUNICIPAL MATTERS

      None

    6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

      None

    7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

      1. RECEIVE AND FILE REPORT DETERMINING THAT THE CITY’S CONFLICT OF INTEREST CODE REQUIRES NO 2004 AMENDMENTS. Memorandum from City Clerk Elaine Doerfling dated September 21, 2004.(PDF File).

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

        Action: To receive and file the report determining that the City’s Conflict of Interest Code requires no 2004 amendments. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    8. OTHER MATTERS - CITY COUNCIL

      1. REQUEST OF MAYOR YOON FOR THE CITY COUNCIL TO DETERMINE WHETHER ON NOT IT WISHES TO TAKE A POSITION ON BALLOT PROPOSITIONS AND STATEWIDE REGULATIONS.Supplemental fax from County Supervisor Don Knabe received September 14, 2004.

        1. Proposition 68;
        2. California Air Resources Board Regulations regarding greenhouse gas emissions from motor vehicles; and
        3. The proposed expansion of LAX

        City Manager Burrell responded to Council questions.

        Action: To take a position against the proposed expansion of LAX. Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

        Action: To agendize Proposition 68 for a future meeting. Motion Keegan, second Edgerton. So ordered with Council consensus.

        At 7:38 p.m., the order of the agenda went to public hearing item 5(a).

      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 September 14, 2004..

      2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
        Government Code Section 54956.8

        Property: 552 11th Place, APN: 4187-020-044
        Negotiating Parties: Stephen Burrell & Stephen Grossman
        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, September 28, 2004, at the hour of 8:37 p.m. to a closed session.

      RECONVENE TO OPEN SESSION The Closed Session convened on Tuesday, September 28, 2004, at the hour of 8:50 p.m. At the hour of 9:00 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, September 28, 2004, at the hour of 9:01 p.m. to the regular Meeting on Tuesday, October 12, 2004, at 7:10 p.m.