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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, November 9, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Pat Love
ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
ANNOUNCEMENTS
Councilmember Tucker thanked everyone who voted at the November 2 election and those who volunteered to work in the precincts. He also thanked everyone who contributed to the successful annual Beach Cities Toy Drive Fashion Show fundraiser November 7 at Sangria. He mentioned that the Mira Costa and Redondo football game will take place Friday, November 12 and encouraged everyone to see these traditional rivals compete.
Councilmember Edgerton thanked those who attended and donated prizes for the Beach Cities Toy Drive Fashion Show.
Mayor Pro Tempore Reviczky announced the 20th Annual Candlelight Veteran’s Day Ceremony being held on Thursday, November 11, at 6:30 p.m. at the City’s Veteran’s Memorial near the Community Center on Pacific Coast Highway.
Mayor Yoon reminded everyone about the November 20 torchiere lamp trade-in and encouraged all to take advantage of the opportunity to receive a new energy-efficient, safer lamp in exchange for the dangerous energy-wasting lamps. He cheered on his former school Andover in its upcoming game with rival Exeter.
PUBLIC PARTICIPATION:
There was no written correspondence.
Coming forward at this time to address the Council were:
Craig Cadwallader - Hermosa Beach, invited everyone to Cruz Island Beach 2004, a Surf, Skate & Hawaiiana Expo, on Saturday, November 13, from 8:00 a.m. to 6:00 p.m., at Aviation Park, which will include a silent auction to raise funds for the Hermosa Beach Surf Legends Memorial Fountain, and exhibits by the Hermosa Beach Historical Society, the Los Angeles County Lifeguards, and the Surfriders Foundation; and
Leslie Neff – asked for the community’s support of a fundraiser for the Peter Zippi Animal Adoption Foundation on Sunday, November 14, from 1:00 p.m. to 4:00 p.m. on the second level of the VCA coast Animal Hospital, with a silent auction, a boutique and lots of cats and kittens.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (e) Edgerton, (f) Reviczky, and (h) Keegan.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
At 7:20 p.m., the order of the agenda was suspended to go to item 8(b).
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RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR ADJOURNED MEETING OF THE CITY COUNCIL HELD ON OCTOBER 26, 2004.
Action:
To approve as presented the City Council minutes of the Regular Adjourned meeting of October 26, 2004.
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38313 THROUGH 38448, AND TO APPROVE THE CANCELLATION OF CHECK NO. 38348, 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 SEPTEMBER 2004 FINANCIAL REPORTS: (PDF File)
- Revenue and expenditure report ;
- City Treasurer's report ; and,
- Investment report .
Action:
To receive and file the September 2004 financial reports:
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RECOMMENDATION TO ACCEPT THE WORK BY NEWTECH ENGINEERING AND CONSTRUCTION, INC., GLENDALE, CALIFORNIA, FOR PROJECT NO. CIP 04-114 24TH PLACE SPEED HUMPS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO NEWTECH ENGINEERING AND CONSTRUCTION, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated November 1, 2004. (PDF File).
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Action:
To approve the staff recommendation to:
- Accept the work by Newtech Engineering and Construction, Inc., Glendale, California, for Project No. CIP 04-114 24th Place Speed Humps;
- Authorize the Mayor to sign the Notice of Completion; and
- Authorize staff to release payment to Newtech Engineering and Construction, Inc. (10% retained for 35 days following filing of Notice of Completion).
Motion Edgerton, second Mayor Yoon. The motion carried by a unanimous vote.
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RECOMMENDATION TO ACCEPT DONATION OF $75,000 FROM AMERICAN EXPRESS TO BE USED FOR FUTURE SUNSET CONCERT SERIES EVENTS.Memorandum from Finance Director Viki Copeland dated November 3, 2004.(PDF File).
This item was removed from the consent calendar by Mayor Pro Tempore Reviczky in order to acknowledge and thank the donor.
Proposed Action : To accept the donation of $75,000 from American Express to be used for future Sunset Concert Series events and place the funds into an endowment account for future concerts.
Motion Reviczky, second Edgerton. Discussion ensued regarding the use of the funds, and the motion was subsequently withdrawn.
Action : To accept the donation of $75,000 from American Express and direct staff to report back at a future agenda on options for use of the funds for Council consideration.
Motion Reviczky, second Keegan. The motion carried, noting the dissenting votes of Edgerton and Tucker.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF OCTOBER 20, 2004.(PDF File).
Action: To receive and file the action minutes of the Public Works Commission meeting of October 20, 2004.
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RECOMMENDATION TO APPROPRIATE $37,603 FROM THE CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM TO ASSIST IN THE PURCHASE OF STATION/JAIL CAMERAS, VEHICLE CAMERAS AND THE ASSOCIATED DATA STORAGE SYSTEMS; APPROPRIATE $30,627 FROM THE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM FUND (CLEEP) FOR THE PURCHASE OF NEW GENERATION UNITROLS AND MOBILE DIGITAL COMPUTER (MDC) RACK MOUNTS FOR THE POLICE PATROL CARS; AND, APPROPRIATE $268 FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM FOR THE PURCHASE OF APPROXIMATELY THREE “PEN HOLE” CAMERAS. Memorandum from Police Chief Michael Lavin dated November 1, 2004.(PDF File).
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
- Appropriate $37,603 from the Citizen’s Option for Public Safety (COPS) program to assist in the purchase of station/jail cameras, vehicle cameras and the associated data storage systems;
- Appropriate $30,627 from the California Law Enforcement Equipment Program Fund (CLEEP) for the purchase of new generation Unitrols and mobile digital computer (MDC) rack mounts for the police patrol cars; and
- Appropriate $268 from the Local Law Enforcement Block Grant (LLEBG) program for the purchase of approximately three “pen hole” cameras.
Motion Keegan, second Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO ADOPT RESOLUTION REVERSING THE PLANNING COMMISSION DECISION AND APPROVE A VARIANCE TO THE REQUIRED SIDE YARD SETBACK AT 3410 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 3, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6365, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE A VARIANCE TO ALLOW A 3-FOOT SIDE YARD FOR AN EXISTING BUILDING, RATHER THAN THE REQUIRED 5-FEET, WITH THE INCREASED SETBACK REQUIREMENT CAUSED BY MERGING TWO LOTS AT 3410 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 5 AND 6, BLOCK 101, SHAKESPEARE TRACT.”
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(e) and (f) were heard at 7:22 p.m. and item 2(h) was heard at 10:23 p.m., but they are all shown in order for clarity.
Public comments on items removed from the consent calendar are shown under the appropriate item.
At 7:29, the order of the agenda went to item 6(c).
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PUBLIC HEARINGS
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CONSIDER WHETHER TO ASSUME RESPONSIBILITY OVER ENFORCEMENT OF THE STATE MOBILEHOME PARKS ACT, WITH RESPECT TO CONSTRUCTION, USE AND MAINTENANCE OF STRUCTURES WITHIN THE MARINELAND MOBILEHOME PARK AT 531 PIER AVENUE AND THE RECREATIONAL VEHICLE PARK AT 725 10TH STREET.Memorandum from Community Development Director Sol Blumenfeld dated November 2, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:42 p.m. Coming forward to address the Council on this item were:
John Carr – Hermosa Beach RV Park resident, asked that the Council listen to the concerns of the fine people who live in the park, a very nice low-income housing facility;
Pat Love – Marineland Mobilehome Park resident, cited problems with the previous park management; said all systems, gas, water, electrical, drainage, etc., are in compliance with the code and things have been running smoothly since Millennium purchased the park; asked the Council to vote no on the City’s assuming responsibility from the State for inspections;
Mark Lea – Marineland resident, said theirs is a close-knit community and that the park is clean and in compliance with codes; said it was not necessary for the City to take responsibility for inspections;
Chris Bradison – Hermosa Beach RV Park owner, said it was a simple matter for the park to be well maintained and in compliance and urged the Council not to take responsibility for inspections;
Sam Durant – Marineland resident, said he and his partner had repaired and rebuilt many units in the park and they always complied with codes; said the City could help Marineland by diverting water from Pier Avenue which always ends up in the lowest spot in the park and by widening Ardmore and Victoria because the bushes made passing other cars difficult (Mayor Yoon asked that Public Works Director Morgan investigate those problems);
Geoff Hirsch – Marineland resident, concurred about the drainage problems, with about seven home sites being flooded during thanked the Council for their past assistance in maintaining low-income housing; said even though management was much better, some residents, including the elderly, disabled, or single mothers, were struggling financially, noting that rents have increased by 40% with the recent sale; suggested that the City’s most helpful role would be helping Marineland find financing to make needed repairs, including improved drainage; and
Karen Bruns – Marineland resident, requested that the City address the following three issues: (1) positive identification of lot lines for the park and an explanation of the three-foot clearance from lot lines for vehicles; (2) why cats were allowed freely to roam through the park when it was stated that all animals must be on a leash or in a fenced yard; and (3) the subject of low-cost housing and the recent 40% rent increase which forced her neighbor to move out of the park after living there for 25 years.
The public hearing closed at 7:53 p.m.
Action: To not assume responsibility over enforcement of the State Mobilehome Parks Act, with respect to construction, use and maintenance of structures within the Marineland Mobilehome Park at 531 Pier Avenue and the Recreational Vehicle Park at 725 10th Street
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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ANNUAL REVIEW OF FIESTAS.
Memorandum from City Manager Stephen Burrell dated November 3, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this issue were:
Conn Flatley – Hermosa Beach Chamber of Commerce, described details of the Chamber’s successful marketing campaign, noting a 27% increase in hotel tax revenues to the City in the last year; encouraged the Council to look at the expanded travel section on the Chamber website; said he looked forward to working with the City on future Fiestas;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, requested that the Council approve the 2005 Fiestas, noting the success this year as family events and as fundraisers; said the City received $37,000 and increased sales tax, the restaurants and shops had much more business, and three local charities shared $36,000 over Labor Day weekend for manning the beer garden; said Police, Fire and Public Works were pleased with the Chamber’s safety, traffic control and cleanup efforts; said there had never been a Fiesta-related Police incident in the event’s 33-year history and, in fact, Police Chief Lavin believes the Fiestas have a calming effect on what otherwise might be two unruly weekends
Action: To approve the 2005 Memorial Day and Labor Day Fiestas, as recommended by staff.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
General direction was given to staff to decrease trash proliferation in the downtown area throughout the year, not necessarily Fiesta-related.
The meeting recessed at 8:15 p.m.
The meeting reconvened at 8:25 p.m.
At 9:40 p.m., the order of the agenda went to item 8(a).
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PROPOSAL FOR FULL CITYWIDE DEPLOYMENT OF THE WIFI SYSTEM, INCLUDING INSTALLATION OF ADDITIONAL ANTENNAS; CONTRACTS FOR ADVERTISING TO DEVELOP REVENUES TO COVER THE SYSTEMS ONGOING COSTS; AND APPROPRIATION OF $126,496 TO COVER THE COST OF THE SYSTEM.
Memorandum from City Manager Stephen Burrell dated November 3, 2004.(PDF File).
Mayor Yoon recused himself and left the dais and the room at 8:25 p.m. due to a potential conflict of interest since his employment involves Internet access.
City Manager Burrell presented the staff report and responded to Council questions
Coming forward to address the Council on this issue were:
Brad Waller – representing Ad Jungle, who provided data for the City Manager’s staff report, described his business and explained how the City’s WiFi website could be set up to earn revenue from business and classified ads, as well as links to other revenue-generating sites.
Janice Chase – a former database administrator for BizRate.com, a shopping portal, concurred that advertising revenue could support the cost of WiFi; said she was a Marineland Mobilehome Park resident and had written an article in their newsletter and the response from park residents indicated their great level of interest; said she would endure potholes in the streets as a tradeoff for free WiFi;
Ann Sullivan – Hermosa Beach, said that free WiFi was the best thing the City had done since purchasing the railroad right of way for the greenbelt; said she appreciated this potential savings in light of other uncontrollable increases in day-to-day living expenses;
Julian Katz – Hermosa Beach, said that his career was high tech and he saw tremendous benefits for the City and felt sure there would be revenue sources;
Craig Cadwallader– Hermosa Beach business owner, said he was a marketing consultant for website design; agreed that revenue sources were available; congratulated the City for being forward-thinking;
Roberta Moore – Hermosa Beach, said she was very happy about free WiFi but also wanted the potholes fixed; suggested that funds to support this project could be raised by increasing the Utility Users’ Tax;
Eric Lawrence – Hermosa Beach, said he wholeheartedly supported free WiFi and looked for it when he traveled with his laptop, said this would benefit City businesses, particularly the hotels, and he looked forward to the savings for his family; said free WiFi would increase the value of homes in the City as well;
Leslie Neff – Hermosa Beach, said this benefit would be very valuable to the City and its residents in the long run;
Stan Levine – Hermosa Beach, said free WiFi is a progressive benefit that will bring in visitors and will help the businesses in the City; said maybe a very small fee or donations could contribute to the project’s funding; said he was happy to have an internet access alternative other than Adelphia;
Ken Orr – Hermosa Beach, said he thought this would be a great benefit to the City, now and even more in the future, even considering the cost;
Laura Guneau - Hermosa Beach, said this access would bring people to the City, which would benefit the businesses and increase home values;
Jeremy Stern – representing Adelphia Communications, said he had been practicing communications law for 24 years; said technology has been advancing at a remarkable pace and, as wonderful as wireless internet access is, it was not necessarily a good idea for municipalities to provide the service; cited financial risks, due to the large initial cost and ongoing maintenance costs, and the risk of owning an outdated system, with new technology being developed all the time, said this was a significant policy issue for the City Council to consider;
Bruce Gelb – Hermosa Beach, spoke in support of free WiFi and commended the City for its vision; said this was the kind of thing that makes Hermosa Beach a treasure;
Mordy Benjamin – Hermosa Beach, said he attended the WiFi classes and had never seen such excitement in the community; said this was a true community service and one of the most beneficial projects the City could fund;
Larry Hoskinson – Hermosa Beach, said his reception was wonderful; the class had been helpful and installation was easy; said friends in other cities said they had read articles about free WiFi in Hermosa Beach; suggested that the American Express donation go toward funding this project;
John Bowler – Hermosa Beach, said this was one of those unusual moments for the Council to provide a service that would reflect on the City for a long time; said partial funding could be provided by increasing the transient occupancy tax at hotels in the City because WiFi will increase their business;
Gene Dreher – Hermosa Beach, said although the cost seems high, this infrastructure feature would pay for itself, in part, because of savings at City Hall; said the streets in need of repair actually slow down traffic so he is willing to trade paving for free WiFi;
Offir Schwartz – representing one of the local companies bidding to provide bandwidth for the City’s WiFi network, said he was impressed by the optimism of the community; made a tentative offer, subject to his CEO’s approval, to provide free network maintenance for life; and
Joe Terry – Hermosa Beach, said he loved living in Hermosa Beach and urged the Council to approve this expansion of free WiFi to the rest of the City.
Proposed Action : To approve staff recommendation to:
- Approve the citywide deployment of the WiFi system,
- Direct the City Manager to sign a sole source contract with LA Unplugged based on the proposal dated September 28, 2004;
- Appropriate $126,496 from the Equipment Replacement Fund to cover the cost of the system;
- Authorize the City Manager to contract with Google for online ads in exchange for ad revenue;
- Authorize the City Manager to contract with Ad Connect;
- Direct the City Manager to enter into a service agreement with SCE for the installation of fiber to the City Hall to carry the bandwidth for both the WiFi system and the City operations, and
- Give staff authority to negotiate with contractors possibly offering free month maintenance.
Motion Keegan, second Reviczky. The motion failed, noting the dissenting votes of Edgerton and Tucker, and the absence of Mayor Yoon.
Action : To continue the item and direct staff to report back with details on the issues raised this evening, including advertising revenue, the amortization of all costs, confirming the speaker’s offer for free maintenance; as well as the possibility of having a franchise,
Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Keegan and the absence of Mayor Yoon.
The meeting recessed at 10:05 p.m.
The meeting reconvened at 10:12 p.m. with the return of Mayor Yoon to discuss removed consent calendar item 2(h).
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JOINT POWERS AGREEMENT TO JOIN THE LOS ANGELES AREA REGIONAL AGENCY (LARA).
Memorandum from Community Development Director Sol Blumenfeld dated October 26, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
Action : To authorize the Mayor to execute a Joint Powers Agreement to join the Los Angeles Area Regional Agency (LARA) for AB939 waste diversion and disposal reporting purposes and authorize appropriation of $3,500 for FY 04/05 from the solid waste diversion budget account for membership in LARA.
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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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO PROHIBIT CONSTRUCTION OF NEW PUBLIC IMPROVEMENTS ON THE BEACH AND ON THE GREENBELT. Memorandum from City Clerk Elaine Doerfling dated November 3, 2004. (PDF File).
City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Proposed Action:
To direct the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the next regular municipal election occurring not less than 88 days after the date of the order.
Motion Edgerton. The motion was replaced by a substitute motion.
Action:
To order a report pursuant to California Elections Code 9212, to be brought back at the next Council meeting of November 23, at which time the Council shall either adopt the ordinance within 10 days or order an election.
Motion Keegan, second Mayor Yoon. The motion carried by a unanimous vote.
At 10:23, the order of the agenda went to item 9(a).
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ST. PATRICK’S DAY PARADE & FESTIVAL SUBCOMMITTEE – APPOINTMENT OF COUNCILMEMBERS. Memorandum from City Manager Stephen Burrell dated November 3, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To appoint Councilmember Tucker and Mayor Pro Tempore Reviczky to a subcommittee to work on the St. Patrick’s Day Celebration for 2006.
Motion Edgerton, second Mayor Yoon. The motion carried by a unanimous vote.
At 8:22 p.m., the order of the agenda went to item 4, consent calendar items removed for discussion.
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OTHER MATTERS - CITY COUNCIL
None
REQUEST BY COUNCILMEMBER KEEGAN TO HAVE THE PLANNING COMMISSION CONSIDER A CHANGE IN THE CONDOMINIUM ORDINANCE TO REQUIRE SEPARATE WATER METERS FOR EACH UNIT.
Councilmember Keegan spoke to his request.
Action: To direct the Planning Commission to consider a change in the Condominium ordinance to require separate water meters for each unit.
Motion Keegan, second Reviczky.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 9, 2004, at the hour of 10:25 p.m. to an Adjourned Regular Meeting on Tuesday, November 23, 2004, at the hour of 6:30 p.m. for the purpose of interviewing Cable Television Commission applicants, to be followed by the Regular Meeting scheduled to place at 7:10 p.m.
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