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Council Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, October 12, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Merna Marshall
ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
ANNOUNCEMENTS
Councilmember Tucker congratulated the Houston Astros for advancing to the next level in the playoffs, noting that Morgan Ensberg, who attended school and played little league in Hermosa Beach, is on the team. He said the early voting program for the November 4 election begins October 20 and the Redondo Beach Library is one of the locations.
Mayor Yoon announced that October 15 is Latino Aids Awareness Day and said a proclamation prepared for recognition of this day would be mailed to organizers.
PUBLIC PARTICIPATION:
There was no written correspondence.
Coming forward at this time to address the Council were:
Jean Cullen – Woman’s Club of Hermosa Beach, invited the City Council and the community to the annual Pancake Breakfast Sunday, October 24, from 8 a.m. to noon at the Clark Building, with tickets at $8 each or two for $15 and children under 2 free; the Council was then presented with personalized aprons made by Club member Merna Marshall;
Laura Raymond – Hermosa Beach Friends of the Parks, presented Council with Halloween treats and invitations to the second annual Pumpkins in the Park event Saturday, October 16 from 11 a.m. to 1 p.m. at Fort Lots of Fun, a family event with pumpkins, cookies, raffle prizes, and an opportunity to learn about the park plans and provide input; and
Albert Roman – described support in the United States opposing persecution of practitioners of Falun Gong in China and invited the Council to attend an award winning film dramatizing this situation, being shown at the Crest Theatre in Westwood on October 29.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (d) Tucker and (f) Reviczky.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 28, 2004.
Action:
To approve as presented the City Council minutes of the Regular meeting of September 28, 2004.
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38033 THROUGH 38178.
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 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 15, 2004.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting for a clarification regarding item 6(b) on the Public Works Commission minutes.
City Manager Burrell responded to Council questions.
Action:
To receive and file the action minutes of the Public Works Commission meeting of September 15, 2004.
Motion Tucker, second Reviczky. The motion carried by a unanimous vote.
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RECOMMENDATION TO WAIVE THE $236 BANNER FEE FOR THE HERMOSA BEACH WOMAN’S CLUB ANNUAL PANCAKE BREAKFAST ON OCTOBER 24, 2004. Memorandum from City Manager Stephen Burrell dated October 6, 2004. (PDF File).
Action:
To waive the $236 banner fee for the Hermosa Beach Woman’s Club pancake breakfast on October 24, 2004, as recommended by staff.
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RECOMMENDATION TO ACCEPT DONATIONS OF 20 TWELVE MONTH GYM MEMBERSHIPS TO BE AUCTIONED OR SOLD AND USED FOR THE SUMMER 2005 CONCERT SERIES (WILL BE APPROPRIATED IN 2005) AT AN ESTIMATED VALUE OF $10,000 FROM 24 HOUR FITNESS; $90 IN AN ANONYMOUS EMPLOYEE DONATION FROM WELLS FARGO COMMUNITY SUPPORT CAMPAIGN TO BE USED FOR TEEN PROGRAM SUPPLIES; AND, $30 IN AN ANONYMOUS EMPLOYEE DONATION FROM WELLS FARGO COMMUNITY SUPPORT CAMPAIGN TO BE USED FOR TEEN PROGRAM SUPPLIES.
Memorandum from Finance Director Viki Copeland dated October 5, 2004.(PDF File).
This item was removed from the consent calendar by Mayor Pro Tempore Reviczky in order to acknowledge and thank the donors.
Action:
To accept the following donations:
- Twenty 12-month gym memberships to be auctioned or sold and used for the Summer 2005 Concert series (will be appropriated in 2005) at an estimated value of $10,000 from 24 Hour Fitness;
- $90 anonymous employee donation from Wells Fargo Community Support Campaign to be used for Teen Program supplies; and
- $30 anonymous employee donation from Wells Fargo Community Support Campaign to be used for Teen Program supplies.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE AGREEMENT BETWEEN CITY OF REDONDO BEACH AND CITY OF HERMOSA BEACH FOR SANTA MONICA BAY BEACHES BACTERIA TMDL SHORELINE WATER QUALITY MONITORING.
Memorandum from Public Works Director Richard Morgan dated October 5, 2004. (PDF File).
Action:
To approve the staff recommendation to:
- Approve the Memorandum of Agreement between the City of Redondo Beach and the City of Hermosa Beach for the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load (TMDL) Shoreline Water Quality Monitoring;
- Approve funding contributions to the City of Redondo Beach for retaining the services of a private laboratory that has the expertise, qualifications and equipment to perform storm water quality monitoring services in the amount of $5,072; and
- Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
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RECOMMENDATION TO ACCEPT THE PROPOSAL OF EMERGENCY PLANNING CONSULTANTS, SAN DIEGO, CA, TO PROVIDE THE DEVELOPMENT OF BOTH A LOCAL HAZARD MITIGATION PLAN COMPLIANT WITH THE DISASTER MITIGATION ACT OF 2000 AND A MULTI-HAZARD FUNCTIONAL PLAN COMPLIANT WITH THE STATE OF CALIFORNIA STANDARDIZATION EMERGENCY MANAGEMENT SYSTEM; AND, AUTHORIZE THE TRANSFER OF $30,000 FROM THE PROSPECTIVE EXPENDITURES ACCOUNT TO THE FIRE DEPARTMENT CONTRACT SERVICES ACCOUNT (001-2201-4201). Memorandum from Fire Chief Russell Tingley dated October 4, 2004.(PDF File).
Action:To approve the staff recommendation to:
- Accept the Proposal of Emergency Planning Consultants, San Diego, CA, to provide the development of both a Local Hazard Mitigation Plan compliant with the Disaster Mitigation Act of 2000 and a Multi-Hazard Functional Plan compliant with the State of California Standardization Emergency Management System; and
- Authorize the transfer of $30,000 from the Prospective Expenditures Account to the Fire Department Contract Services Account (001-2201-4201).
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2 (d) and (f) 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 7:23 p.m., the order of the agenda went to item 7(a).
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PUBLIC HEARINGS
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APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE TO ALLOW GREATER THAN 65% LOT COVERAGE; TO ALLOW GREATER THAN 100% INCREASE IN VALUATION WHILE MAINTAINING A NONCONFORMING FRONT YARD; AND TO ALLOW REQUIRED OPEN SPACE NOT ADJACENT TO A PRIMARY LIVING AREA AT 311 31ST STREET.Memorandum from Community Development Director Sol Blumenfeld dated October 4, 2004. Supplemental information received from Director Blumenfeld on October 12, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions
The public hearing opened at 7:46 p.m. Coming forward to address the Council on this item were:
Barbara Zondiros – appellant, said the small lot (30’x70’) and narrow ten-foot wide alley represented exceptional circumstances; said 12 to 15 similar variances had been granted in the area, with one home receiving two variances; said they did not want to position their living quarters on the second floor because they interact with their neighbors and their children play out front and did not want to tear down the house; said a three-story house was not feasible because the height restriction would require a portion of the house to be underground; said they planned a two-car garage in the rear with additional parking space and felt the proposed plan was the best solution for providing a modest home to meet the needs of their family; said that they had the support of their neighbors;
Tom Zondiros – appellant, said they simply wanted to enlarge their home to a reasonable size so they could raise their family, noting they had two small children, and had no intention of ever selling;
Alan Cook – Hermosa Beach, spoke in support of his neighbor’s request; said there was a real sense of community on this walk street; said the proposed remodeling would not create a very large house;
Lawrence Noone – Hermosa Beach, also spoke in support of the request for enlarging the Zondiros home in this great neighborhood;
John Thomas – Hermosa Beach, said he had lived in his home since 1988 and raised his family there, so he knew that homeowners need every inch of space they can get for their homes with such small lots; and
Mark Wing – Hermosa Beach, spoke in support of the project; said that the Zondiros family was not proposing a huge structure.
The public hearing closed at 7:54 p.m.
Action: To overturn the Planning Commission decision and grant variances to the lot coverage requirement and maximum allowable valuation increase for a nonconforming structure in order to allow an addition and remodel of an existing single-family dwelling, resulting in 70.9% lot coverage rather than the maximum 65% and a 148.1% valuation increase rather than the maximum 100% at 311 31st Street, and directed staff to return with a resolution documenting this action.
Motion Edgerton, second Tucker. The motion carried, noting the dissenting votes of Keegan and Reviczky.
Further Action: To direct the Planning Commission to review and consider a possible amendment of the building regulations for the Shakespeare Tract, specifically with regard to the issues of setbacks and open space.
Motion Reviczky, second Keegan. The motion passed by consensus.
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TEXT AMENDMENT CORRECTIONS TO SECTION 17.44-090 -- OFF-STREET PARKING LOCATION AND SECTION 17.28.020 -- M-1 PERMITTED USE LIST. Memorandum from Community Development Director Sol Blumenfeld dated September 1, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:14 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:14 p.m.
Action: To waive full reading and introduce Ordinance No. 04-1243 entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CORRECTING ERRORS MADE IN THE ADOPTION OF ORDINANCE NO. 02-1221, AMENDING SECTION 17.44.090 -TO REMOVE LEASED OFF-SITE PARKING AS AN OPTION FOR REQUIRED PARKING, AND AMENDING SECTION 17.28.020 – TO REMOVE STORAGE AND MINI-STORAGE AS PERMITTED USES, AND TO REQUIRE CONDITIONAL USE PERMITS FOR CERTAIN MANUFACTURING USES IN THE M-1 ZONE.”
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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CONSIDERATION OF MEASURES TO ACHIEVE COMPLIANCE WITH AB939 WASTE DIVERSION MANDATE.
Memorandum from Community Development Director Sol Blumenfeld dated October 6, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To approve the staff recommendation to:
- Authorize staff to begin the process for joining the Los Angeles Area Regional Agency for AB 939 diversion and disposal reporting purposes;
- Adopt Resolution No. 04-6359, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING REDUCTION AND RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE”;
- Adopt Resolution No. 04-6360, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AUTOMATED COMMERCIAL RECYCLING TOTER PROGRAM AND 5% COMMERCIAL TRASH TO TRANSFORMATION PROGRAM.”
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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ADOPTION OF TRUANCY ORDINANCE. Memorandum from Police Chief Michael Lavin dated October 5, 2004.(PDF File).
Police Chief Lavin presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Action:To waive full reading and introduce Ordinance No. 04-1244, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A DAYTIME CURFEW FOR MINORS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.”
Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Edgerton.
At 8:37 p.m., the order of the agenda went to item 7(c).
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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REDONDO UNION HIGH SCHOOL CENTENNIAL CELEBRATION SPONSORSHIP. Memorandum from City Manager Stephen Burrell dated October 6, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To authorize a $1,000 donation for the Redondo Union High School Centennial Celebration.
Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Tucker.
At 7:27 p.m., the order of agenda went to item 8(a).
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COMMUNITY ENERGY PARTNERSHIP TORCHIERE LAMP TRADE-IN PROGRAM ON NOVEMBER 20, 2004. Memorandum from City Manager Stephen Burrell dated October 6, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions, saying staff would display the lamps at a future meeting.
Action:
To receive and file as informational item, as recommended by staff.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
At 8:52 p.m., the order of the agenda went to item 8(b).
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E-NEWSLETTER. Memorandum from City Manager Stephen Burrell dated October 6, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions
Action:
To approve, as recommended by staff, the recipient database list use and the general guidelines for content and approval and direct the City Manager to sign the month-to-month service agreement; and appropriate $3,500 to cover the cost of the service contract for seven months.
Motion Reviczky, second Keegan. The motion carried, noting the dissenting vote of Mayor Yoon.
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ADOPTION OF A RESOLUTION EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT TO APRIL 30, 2005. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 7, 2004.(PDF File).
Mayor Yoon recused himself and left the dais and the room at 8:40 p.m. due to a potential conflict of interest since his employment involves cable TV.
City Manager Burrell presented the staff recommendation and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Action:
To deny a six-month extension and maintain service from Adelphia on a month-to-month basis.
Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Keegan and the absence of Mayor Yoon.
At 8:50 p.m., the order of the agenda went to item 7(b), with all Councilmembers present.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES – BOARDS AND COMMISSIONS – EXPIRATION OF TERMS – PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 6, 2004.(PDF File).
City Clerk Doerfling presented the staff report and responded to Council questions.
Action:
To schedule a meeting at 6:00 p.m., prior to the regular meeting of Tuesday, October 26, 2004, for the purpose of interviewing applicants, with appointments to be made that evening at the regular meeting.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
At 7:30 p.m., the order of the agenda went to public hearing item 5(a).
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PROPOSITION 68. Memorandum from City Manager Stephen Burrell dated October 6, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions
Proposed Action:
To take a position opposing Proposition 68.
Motion Keegan, second Mayor Yoon. Mayor Yoon subsequently withdrew his second and the motion died for lack of a second.
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OTHER MATTERS - CITY COUNCIL
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REQUEST FROM MAYOR YOON FOR CONSIDERATION OF A RESOLUTION IN SUPPORT OF A CONFORMING CONDITIONAL USE PERMIT APPLICATION FOR SUNSHINE CANYON LANDFILL AND A LETTER OF SUPPORT.
Action:The consensus of the Council was to monitor the situation but not adopt a resolution or write a letter of support of a conforming conditional use permit application for Sunshine Canyon Landfill.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on September 14, 2004.
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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, October 12, 2004, at the hour of 8:59 p.m. to a closed session.
RECONVENE TO OPEN SESSION The Closed Session convened on Tuesday, October 12, 2004, at the hour of 9:10 p.m. At the hour of 9:20 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, October 12, 2004, at the hour of 9:21 p.m. to an Adjourned Regular Meeting at 6:00 p.m. on Tuesday, October 26, 2004 for the purpose of conducting Public Works Commission applicant interviews, to be followed by the regular meeting of the same date to be held at 7:10 p.m.
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