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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 23, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Addison Vigil
ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
ANNOUNCEMENTS
Councilmember Edgerton announced that the Red Sox World Series trophy would be on display at Fat Face Fenner’s Fishack on Friday, November 26, from 9:30 a.m. to 12:30 p.m.
Councilmember Tucker congratulated the Mira Costa High School girls’ volleyball team for winning CIF and cheered on Redondo High School’s Football team in their quest for the CIF championship.
Mayor Pro Tempore Reviczky announced the Tree Lighting Ceremony on Pier Plaza from 6:00 to 8:00 p.m. Thursday, December 2, and the Sand Snowman Contest on the beach from 9:00 a.m. to 12 p.m. Saturday, December 4.
Mayor Yoon announced (1) a new holiday event – Breakfast with Santa – at the Community Center from 9:00 a.m. to 12 p.m. Saturday, December 11, noting that pre-registration was required and event details were on the City’s website, and (2) a Rotary fundraiser at 5:30 p.m. Sunday, December 5, at the Mermaid. Noting that this was the last meeting before the beginning of Hanukkah, he wished everyone a Happy Hanukkah.
PRESENTATIONS
WORLD AIDS DAY - DECEMBER 1, 2004
Robert Rojas, Social Services Coordinator for the South Bay Family Health Center, invited everyone to the Celebration of Life on Sunday, November 28 from 1:00 to 5:00 p.m. at Pier Plaza, featuring food, information booths, entertainment, speakers, and a candlelight vigil at 5:30 p.m.
Brook McIntyre distributed flyers for Celebration of Life and thanked the City for its many years of support; saying she hoped the Council and the community would be able to attend the event, especially the Candlelight Vigil.
Mayor Yoon thanked Mr. Rojas and Ms. McIntyre for their hard work and presented them with a proclamation stating that Hermosa Beach proclaimed December 1 as World Aids Day.
PUBLIC PARTICIPATION:
There was no written correspondence.
Coming forward at this time to address the Council were:
Carla Merriman – Executive Director, Hermosa Beach Chamber of Commerce and Visitors’ Bureau, expressed the merchants’ interest in free holiday parking in the downtown zone, noting it was very helpful for restaurants that host large holiday parties as well as the retailers;
Greg Grinnell – Hermosa Beach, read a statement supporting free WiFi throughout the City and presented a flyer analyzing the proposal on the Council’s November 9 agenda; and
Tom Nyman – Hermosa Beach, expressed opposition to providing parking passes to occupants of the proposed commercial building at 200 Pier Avenue (City Manager Burrell said a discussion of the subject of businesses having passes to park in the downtown area would be agendized in the near future, not just for this building, but the entire downtown area).
Councilmember Tucker suggested that the specified street lights which had been turned off be turned back on and requested that the topic be agendized for the City Council meeting of December 14 or January 11, with the possibility of increasing assessments. Mayor Yoon concurred that this topic be agendized.
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CONSENT CALENDAR:
City Manager Burrell requested that the Council continue item 2(k) (ICMA Joint Exercise of Powers Agreement amendment) to the meeting of December 14. Council consensus was to approve this recommendation.
Action: To approve the consent calendar recommendations (a) through (m), with the exception of item (k), which was continued to the December 14 meeting at the request of the City Manager, and the following items, which were removed for discussion in item 4, but are shown in order for clarity: (a1) Reviczky and (f) Reviczky.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Regular meeting held on October 26, 2004; and
2) Regular meeting held on November 9, 2004.
Action: To approve
- The City Council minutes of the Regular meeting of October 26, 2004, as corrected on page 11521, to reflect that it was Mayor Pro Tempore Reviczky, not Councilmember Keegan, who cast the dissenting vote for the first action on item 6(a), Request to Reconsider Objection to Dancing at TJ Charlyz; and
- The City Council minutes of the Regular meeting of November 9, 2004, as presented.
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38450 THROUGH 38580, INCLUSIVE.
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 OCTOBER 2004 FINANCIAL REPORTS:
- Revenue and expenditure report ;
- City Treasurer's report ; and,
- Investment report .
Action:
To receive and file the October 2004 financial reports, as recommended by staff:
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RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 9, 2004. (PDF File).
| Claimant: | Roberts, Aaron |
| Date of Loss: | 05-08-04 |
| Date Filed: | 11-08-04 |
| Allegation: | Excessive force by Police Dept. |
Action:
To deny the above-noted claim and refer it to the City’s Liability Claims Administrator, as recommended by staff.
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RECOMMENDATION TO ACCEPT DONATIONS OF $250 FROM YELLOW CAB CO-OP AND $250 FROM BELL CAB COMPANY TO BE USED FOR WIFI SPONSORSHIP.Memorandum from Finance Director Viki Copeland dated November 15, 2004.(PDF File).
This item was removed from the consent calendar by Mayor Pro Tempore Reviczky, in order to acknowledge and thank the donors.
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 following donations:
- $250 from Yellow Cab Co-Op to be used for WIFI Sponsorship; and
- $250 from Bell Cab Company to be used for WIFI Sponsorship.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 2005.Memorandum from City Manager Stephen Burrell dated November 15, 2004.(PDF File).
Action: To approve City Council meeting schedule for 2005.
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RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated November 15, 2004.(PDF File).
To receive and file report of Customer Service Surveys/Complaints.
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RECOMMENDATION TO ADOPT A RESOLUTION REVERSING THE PLANNING COMMISSION DECISION AND APPROVING A VARIANCE TO LOT COVERAGE AT 311 31ST STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 23, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6366, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE A VARIANCE TO THE LOT COVERAGE AND OPEN SPACE REQUIREMENTS 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%, A 148.1% VALUATION INCREASE RATHER THAN THE MAXIMUM 100%, AND PROVIDING NO OPEN SPACE DIRECTLY ADJACENT AND ACCESSIBLE TO A PRIMARY LIVING AREA AT 311 31ST STREET, LEGALLY DESCRIBED AS LOT 23, BLOCK 117, SHAKESPEARE TRACT.”
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RECOMMENDATION TO RECEIVE AND FILE THE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 16, 2004.(PDF File).
Action: To receive and file the report on the status of capital improvement projects that are either under design or construction as of October 31.
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RECOMMENDATION TO ADOPT A RESOLUTION AMENDING THE ICRMA JOINT EXERCISE OF POWERS AGREEMENT. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 17, 2004.(PDF File).
Action: To continue to the next City Council meeting of December 14, 2004, as requested by the City Manager.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 2004. (PDF File).
Action: To receive and file the action minutes of the Planning Commission meeting of November 16, 2004.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #26957 FOR A TWO-UNIT CONDO AT 1042 AND 1044 7TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 15, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6367, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26957 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 1042 AND 1044 7TH STREET, HERMOSA BEACH, CALIFORNIA.”
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(a1) was heard at 7:22 p.m. and item 2(f) was heard at 9:22, but both are shown in order for clarity.
Public comments on items removed from the consent calendar are shown under the appropriate item.
At 7:30, after acting on item 2(a)(1), the order of the agenda was suspended to move to public hearing item 5(a).
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PUBLIC HEARINGS
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TEXT AMENDMENT TO SECTION 17.46.010 TO CHANGE THE ALLOWABLE SIZE AND HEIGHT OF CHIMNEYS. Memorandum from Community Development Director Sol Blumenfeld dated November 16, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:40 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:40 p.m.
Action: To waive full reading and introduce Ordinance No. 04-1245, as amended to include compliance with the Uniform Mechanical Code, in addition to the Uniform Building Code, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.46.010 PERTAINING TO THE ALLOWABLE SIZE AND HEIGHT OF CHIMNEYS.”
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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PROPOSED BAYVIEW DRIVE ASSESSMENT DISTRICT NO. 2004-2; ENGINEER’S REPORT APPROVAL; AND ADOPTION OF RESOLUTIONS ALLOWING THE PROPERTY OWNERS IN THE PROPOSED DISTRICT TO VOTE ON THE ASSESSMENTS.
Memorandum from Public Works Director Richard Morgan dated November 16, 2004. Supplemental information received from Director Morgan on November 22, 2004, and an updated staff report received November 23, 2004(PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this issue was:
Mike Lacey – Comedy and Magic Club owner, said he did not want to interfere with this undergrounding district but described a situation at his property whereby he already had power and phone lines underground; questioned the overall cost of the project, suggesting that further investigation might result in a lower cost; felt that this project would be a burden for businesses in the district.
At 8:27 p.m., on the advice of City Attorney Jenkins, Councilmember Keegan recused himself from hearing the item further because of a potential conflict of interest, since the undergrounding of utilities in this district would directly improve his view and property value of his home.
Continuing to come forward to address the Council on this issue were:
Jim Rosenberger – Hermosa Beach, said he attended the information meeting the previous evening and had asked for clarification of who pays to cross the street with the trench; questioned why the City could not provide an estimate of cost for trenching on the individual lots and asked that this estimate be provided; asked if he could have the list of property owners in the district, either for free or for a fee so that he could do his own mailing;
James Paterson – Hermosa Beach, said he wholeheartedly supported the undergrounding district even though he was on a fixed income because he felt his assessment was the best investment he could make for increasing property values and to benefit the quality of life for all property owners in the district;
Tom Nyman – Hermosa Beach, said he had also attended the meeting the previous night and asked if the decision was based on 50% plus one of the property owners and if the people who choose not to vote do not participate in the decision at all (City Manager Burrell said that was correct); said he understood the method of determining the assessment was tried and true but felt that the location of the property should be a factor because, since the terrain was not flat, some property owners would have enhanced views by the removal of the poles and wires while others would not; and
Steven Rime – said he owned a triplex in the district but did not live there; said undergrounding would be good for the neighborhood although it would not provide him with higher rental income; said the issue was not just improved views for some property owners but an aesthetic improvement and increased property values.
Staff responded to all questions raised by the speakers.
Action: To approve staff recommendation to:
- Adopt Resolution No. 04-6368, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDING AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT NO. 2004-2 (BAY VIEW DRIVE)” and
- Adopt Resolution No. 04-6369, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT AND FIXING THE TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 2004-2 (BAY VIEW DRIVE).”
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilmember Keegan.
The meeting recessed at 8:35 p.m.
The meeting reconvened at 8:42 p.m., with all Council members present.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated November 15, 2004(PDF File).
City Manager Burrell presented the staff report and responded to Council questions
Action:
To approve the three-hour free holiday parking program from Wednesday, November 24 through Saturday, December 25, 2004, for all on-street silver meters only, but not Lot A or the parking structure.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
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SOUTH BAY ALANO CLUB APPROVAL OF EXTENSION OF NOTE SECURED BY DEED OF TRUST. Memorandum from City Manager Stephen Burrell dated November 16, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions
Action: To approve the staff recommendation to:
- Approve an extension of the existing note secured by deed of trust from May 17, 2005 through May 17, 2010, with all other terms and conditions remaining the same; and
- Direct the City Manager to execute any required documents on behalf of the City.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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FUNDS RECEIVED FROM AMERICAN EXPRESS. Memorandum from City Manager Stephen Burrell dated November 17, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions
Action:
To designate $25,000 for the Centennial Celebration and beach concerts and $50,000 for CIP projects on the beach, such as restroom and storm drain maintenance and repair, etc.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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BEACH AND GREENBELT OPEN ZONE INITIATIVE. Memorandum from City Attorney Michael Jenkins dated November 23, 2004. Supplemental exhibit received from City Attorney Jenkins on November 22, 2004. (PDF File).
City Attorney Jenkins presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Gary Brutsch – Hermosa Beach, said the City Attorney’s opinions about the effect this initiative would have on the City’s two larges pieces of open space were very different than those reached by the group putting the initiative together; said the issues were not just about parking on the greenbelt and a second path on the beach; and
Roger Creighton – Hermosa Beach said the City could provide an alternate ordinance to be placed on the ballot to exempt the Council’s concerns about perceived restrictions imposed by the initiative currently before them.
Action:
To place the initiative measure on the ballot in November 2005.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
At 9:22, the order of the agenda returned to item 4 to take up removed consent calendar item 2(f).
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CABLE TELEVISION ADVISORY COMMISSION APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated November 16, 2004. Supplemental applications received on November 22, 2004.(PDF File).
Mayor Yoon recused himself and left the dais and the room at 9:24 p.m. due to a potential conflict of interest since his employment involves cable TV.
City Clerk Doerfling presented the staff report and responded to Council questions.
Action:
To change the concept from five members to seven members and appoint the following applicants to the Cable Television Advisory Commission for a term expected to last about six months: Jeff Bartlett, Gene Dreher, Stan Levine, Helaine Miller, David Padula, Maureen Ferguson, and Peter Ellis.
Motion Edgerton, Keegan second. The motion carried, noting the absence of Mayor Yoon.
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OTHER MATTERS - CITY COUNCIL
None
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 23, 2004, at the hour of 9:25 p.m. to the regular Meeting on Tuesday, December 14, 2004, at 7:10 p.m.
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