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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, January 25, 2005, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Pat Love
ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE.
Memorandum from City Clerk Elaine Doerfling dated January 12, 2005.
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Designate Mayor for a term ending November 8, 2005.
Action: To appoint J. R. Reviczky as Mayor for a term ending November 8, 2005.
Motion Mayor Yoon, second Edgerton. The motion carried by a unanimous vote.
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Designate Mayor Pro Tempore for a term ending January 25, 2005.
Action: To appoint Pete Tucker as Mayor Pro Tempore for a term ending November 8, 2005.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote
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Intergovernmental agencies requiring appointment of Mayor as delegate.
Action: To appoint Mayor Reviczky to the Los Angeles County City Selection Committee.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Further Action: To appoint Mayor Reviczky to the South Bay Sanitation District Board of Directors and Mayor Pro Tempore Tucker as alternate.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Final Action: It was the Council consensus to continue the remainder of committee assignments to the next Council meeting on February 8, 2005.
PRESENTATION OF PLAQUE TO OUTGOING MAYOR
– Mayor Reviczky presented a plaque of appreciation to outgoing Mayor Yoon and thanked him for his excellent service and dedication.
COMMENTS BY OUTGOING MAYOR
– Outgoing Mayor Yoon thanked his colleagues, City staff, community volunteers and residents, and said it had been an honor and privilege to serve as Mayor and that he looked forward to the leadership of Mayor Reviczky and Mayor Pro Tempore Tucker.
COMMENTS FROM COUNCILMEMBERS
– Mayor Pro Tempore Tucker thanked outgoing Mayor Yoon for establishing Leadership Hermosa and supporting many other civic organizations; presented a sugar bowl as a reference to alumni Yoon’s bringing tangerines to a recent Council meeting, representing the Orange Bowl, at which USC won its recent national football championship.
Councilmember Edgerton said in his thirteen years on the Council that outgoing Mayor Yoon was the best and most effective mayor; said that he admired the firm, but not mean way that he enforced the three-minute rule for speakers; presented a Patriot football cap to symbolize their friendship and watching football.
Councilmember Keegan congratulated outgoing Mayor Yoon for an excellent term, particularly keeping speakers to their allotted time and getting everyone home earlier, and said he hoped Art would be back for additional terms.
INCOMING COMMENTS BY MAYOR
– Mayor Reviczky thanked outgoing Mayor Yoon for his excellent service; said he knew from the very few requests he received to fill in as Mayor Pro Tempore that Art had been very busy at ribbon-cuttings and all those things the mayor gets to do. Mayor Reviczky introduced the four generations of his family who were in the audience, and thanked his family, particularly his wife Nancy, for their support and sacrifices while he was away from home on City business. He said he was committed to fulfill his duties and represent the City proudly and professionally, would continue enforcing the three-minute speaker rule, and asked that his colleagues be recognized by the chair before making comments. He said there were always many challenges to overcome and, in the 11 years of his Council service, he had chosen to see challenges as opportunities and would continue to try to make Hermosa Beach a better place to live and work. He asked the Council’s consent to adjourn tonight’s meeting in memory of a long-time former employee and all around great guy, Lester Randall, who passed away today.
At 7:24 p.m., the meeting recessed.
At 7:32 p.m., the meeting reconvened.
ANNOUNCEMENTS
Councilmember Keegan thanked everyone who participated in the recent hazardous household waste roundup; said there would be data later with regard to how much was recycled and hoped everyone would take advantage of this great program in the future.
Councilmember Edgerton, in response to a speaker’s claim at a previous Council meeting that the Sunset Concert series cost the City $14,000 per concert, said he had a comparison sheet for anyone interested in the details, that the City was actually ahead $39,000, and he wished all City programs were as worthwhile.
PRESENTATIONS
RECOGNITION OF
“CLEAN OCEAN CITY”
BUSINESS ESTABLISHMENTS
Mayor Reviczky explained that qualified local businesses that were in compliance with the Public Works Department’s requirements for keeping the ocean clean would be recognized this evening. He then congratulated and presented certificates to representatives of the following businesses: Bottle Inn – Sylvio Petoletti, Pitcher House – Tito Carinci, Mermaid – Diane Albergate, and Hennessey’s – Tim Dolan. Patrick Malloy’s and Sangria received the same recognition but no one was present to accept the certificate. Mayor Reviczky said those businesses were doing a great job to keep the ocean clean, that their actions were very much appreciated, and said he hoped the rest of the community would follow their example.
Diane Albergate from the Mermaid thanked the Council for the recognition, stating that everyone is part of the same community, that the Mermaid had been around for a long time and would continue to be.
Tito Carinci from the Pitcher House said he was proud to be of service because it was everyone’s ocean.
Public Works Director Rick Morgan explained that the purpose of the program was to protect the environment, he showed the decal these businesses will place in their window, and said he hoped residents would embrace this program and encourage establishments they patronize to participate.
CLOSED SESSION REPORT FOR MEETING OF JANUARY 11, 2005:
City Attorney Jenkins reported that, with regard to Briley v. Superior Court, the City Council had directed him to file a petition for review and/or depublication of the court of appeal decision to the California Supreme Court, adding that he took action on Friday, January 21, 2005 to seek review and appeal the criminal case to the California Supreme Court, as authorized by the City Council.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward at this time to address the Council were:
Pat Love – Hermosa Beach, congratulated J.R. for being appointed mayor and thanked Art for doing an outstanding job; said checks and pledges totaling $4,400 for WiFi had been collected by Mayor Pro Tempore Tucker and Councilmember Edgerton and that the checks, made payable to the City, had been given to City Manager Burrell; said the collection of pledges would begin immediately;
Doris and Richard “Nick” Nickelson – Kenny Nickelson Memorial Foundation for Homeless Veterans and children, extended heartfelt thanks to the citizens of Hermosa Beach for donating toys and quality educational materials and to Mayor Reviczky, Mayor Pro Tempore Tucker, and Councilmember Edgerton for coordinating the effort; listed some of the schools and programs whose participants were the recipients of these donations (Mayor Reviczky said that Nick had written a fascinating, wonderful book called HOOYAH!, relating his experiences as a Navy SEAL, and that $10 per book would be donated to the to Kenny Nickelson Foundation to continue their good work);
Roger Creighton – Hermosa Beach, said he attended a Planning Commission meeting on January 18, 2005, and commissioners recused themselves from specific agenda items without explaining why, saying he believed that the FPPC required disclosure; said he learned that buildings were being approved eight feet above the 30-foot height limit and did not want Hermosa Beach to be put in the same situation as Manhattan Beach, which required some buildings built over the height limit to be reduced in height (Mayor Reviczky asked City Attorney Jenkins to look into both matters);
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said she was a member of the South Bay Medal of Valor committee, with representatives from seven local cities, and that Hermosa Beach Police Sgt. Tommy Thompson would be honored at this years ceremony with a “sustained superiority award” for 2004, noting that his many accomplishments included bringing the D.A.R.E. program to Hermosa Beach, and hosting the cable TV show, Beach Beat; said the ceremony would take place in April 2005 at the Torrance Marriott and that tickets and more details would be available at the Chamber office; (City Manager Burrell thought it was the second Wednesday in April);and
Gene Dreher – Hermosa Beach, congratulated Mayor Reviczky on his mayoral appointment and complimented Councilmember Edgerton for providing financial details for projects; said that this type of information should be on the City’s website as a regular part of operations.
At 7:47 p.m., the order of the agenda was suspended to go to public hearing item 5(a).
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (h) Keegan, (k) Tucker, (m) Yoon, and (n) Edgerton.
Motion Yoon, second Edgerton. 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 JANUARY 11, 2005.
Action: To approve as presented the City Council minutes of the Regular meeting of January 11, 2005
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 39032 THROUGH 39167, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 39440, 38485 AND 39116 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 MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND REGARDING THE DECEMBER 2004 FINANCIAL REPORTS:
- Revenue and expenditure report;
- City Treasurer's report; and,
- Investment report.
Action : To receive and file the memorandum, as recommended
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RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 18, 2005.(PDF File).
Claimant: Griggs, Erin
Date of Loss: 07-19-04
Date Filed: 01-12-05
Allegation: Personal injury due to control and
maintenance of street
Claimant: Greenberg, Michael
Date of Loss: 12-28-04
Date Filed: 01-06-05
Allegation: Property damage
Action:
To deny the above-noted claims and refer them to the City’s Liability Claims Administrator, as recommended by staff.
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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).
Action : To receive and file report of Customer Service Surveys/Complaints.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 13, 2005.(PDF File).
Action: To receive and file the status report of capital improvement projects that are either under design or construction as of December 31, 2004.
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RECOMMENDATION TO APPROVE THE EXTENSION OF THE CURRENT AGREEMENT WITH PARKING CONCEPTS FOR THE PERIOD FROM JANUARY 3, 2005 THROUGH JUNE 30, 2007. Memorandum from Finance Director Viki Copeland dated January 13, 2005.(PDF File).
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action: To approve the extension of the current agreement with Parking Concepts for the period of January 3, 2005 through June 30, 2007, as recommended by staff.
Motion Keegan, second Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE THE 2003-04 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), WHICH INCLUDES THE REPORT FROM CAPORICCI AND LARSON, OUR INDEPENDENT AUDITORS; AND, RECEIVE AND FILE THE 2003-04 SINGLE AUDIT REPORTS. Memorandum from Finance Director Viki Copeland dated December 21, 2004.(PDF File).
Action: To approve the staff recommendation to:
(1) Receive and file the 2003-04 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors; and
(2) Receive and file the 2003-04 Single Audit Reports.
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RECOMMENDATION TO EXTEND THE EXISTING AUDIT CONTRACT WITH CAPORICCI AND LARSON FOR TWO YEARS AT THE CURRENT ANNUAL COST OF $23,225. Memorandum from Finance Director Viki Copeland dated January 10, 2005.(PDF File).
Action: To extend the existing audit contract with Caporicci and Larson for two years at the current annual cost of $23,225, as recommended by staff.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 18, 2005. Supplemental letter from Stephen P. Shoemaker, Jr. dated January 24, 2005(PDF File).
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.
Community Development Director Blumenfeld responded to Council questions.
Action: To review and reconsider the following items from the Planning Commission minutes of January 18, 2005:
(1) Item 10, Conditional Use Permit 04-8, Precise Development Plan 04-27 at 2775 Pacific Coast Highway;
(2) Item 12, Conditional Use Permit Amendment 05-12, Variance 05-1 at 1301 Manhattan Avenue (Union Cattle Company); and
(3) Item 17, Addition and remodel to an existing nonconforming single family dwelling in a commercial zone resulting in a greater than 10% removal of exterior walls at 64 Tenth street.
Motion Tucker, second Yoon.
Further Action: To receive and file the remainder of the action minutes of the Planning Commission meeting of January 18, 2005.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #27161 FOR A 2 UNIT CONDO AT 603 THIRD STREET. Memorandum from Police Chief Michael Lavin dated December 29, 2004. Memorandum from Community Development Director Sol Blumenfeld dated January 19, 2005.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 05-6374, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 27161 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 603 THIRD STREET, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL TRACT MAP #060189 FOR A MIXED USE DEVELOPMENT CONTAINING SIX CONDOMINIUM UNITS, THREE FOR RESIDENTIAL AND THREE FOR COMMERCIAL, AT 30-44 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated January 19, 2005.(PDF File).
This item was removed from the consent calendar by Councilman Yoon for separate discussion later in the meeting in order to record a no vote, as he has consistently voted against mixed-use projects.
Action: To approve the staff recommendation to adopt Resolution No. 05-6375, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP NO. 060189 FOR A MIXED USE DEVELOPMENT CONTAINING SIX CONDOMINIUM UNITS, THREE FOR RESIDENTIAL AND THREE FOR COMMERCIAL, AT 30-44 HERMOSA AVENUE.”
Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Yoon.
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RECOMMENDATION TO DECLARE THE LOT ON FOURTEENTH STREET BEHIND THE BEACH MARKET AS SURPLUS AND AUTHORIZE SOLICITATION OF BIDS FOR SALE OF THE PROPERTY. Memorandum from Community Development Director Sol Blumenfeld dated January 18, 2005.(PDF File).
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Action: To declare the lot on Fourteenth Street behind the Beach Market as surplus and authorize solicitation of bids for sale of the property, as recommended by staff, with direction to staff to post the property as well as adhering to the normal noticing requirements.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 4, 2005. (PDF File).
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 4, 2005.
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RECOMMENDATION TO APPROVE AN ADVANCE OF FUNDS FROM THE TYCO FUND TO THE BAYVIEW IMPROVEMENT FUND IN THE AMOUNT OF $800,000 FOR PAYMENTS TO SCE AND VERIZON FOR COSTS OF UTILITY UNDERGROUNDING. Memorandum from Finance Director Viki Copeland dated January 20, 2005.(PDF File).
Action: To approve an advance of funds from the Tyco Fund to the Bayview Improvement Fund in the amount of $800,000 for payments to SCE and Verizon for costs of utility undergrounding, as recommended by staff.
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(h), (k), (m), and (n) 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.
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PUBLIC HEARINGS
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TEXT AMENDMENT TO CHAPTER 17.22 CONSTRUCTION, MAINTENANCE AND DEVELOPMENT - MINIMUM DESIGN STANDARDS REQUIRING SEPARATE WATER METERS. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 2005.
Public Works Director Richard Morgan presented the staff report and responded to Council questions.
Mayor Reviczky opened the public hearing at 7:47 p.m. for anyone in the audience who wished to address the Council at this time. No one came forward.
Action: To continue the item to the meeting of February 8, 2005, as recommended by staff.
Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.
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TEXT AMENDMENT TO CHAPTER 17.22 CONSTRUCTION, MAINTENANCE AND DEVELOPMENT - MINIMUM DESIGN STANDARDS REQUIRING SEPARATE WATER METERS.
AN ESTIMATED $100,000 FOR THE CONTINUING PROJECT TO RETROFIT THE COMMUNITY THEATER AND CENTER FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
AN ESTIMATED $11,000 TO ADMINISTER THE CDBG PROGRAM IN ACCORDANCE WITH COUNTY AND FEDERAL REGULATIONS.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
The public hearing opened at 7:55 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:55 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6373, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2005-2006.”
Motion Yoon, second Tucker. The motion carried by a unanimous vote.
At 7:57 p.m., the order of the agenda returned to item 2, the consent calendar.
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MUNICIPAL MATTERS
None
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
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OTHER MATTERS - CITY COUNCIL
Request from Councilmembers Edgerton and Tucker to set up a City residents' donation fund to cover a portion of the cost of the WIFI system for one (1) year.
Councilman Yoon recused himself and left the dais and the room at 8:07 p.m. due to a potential conflict of interest since his employment involves internet access.
Action: By Council consensus, staff was directed to agendize the item for the next Council meeting for a discussion of fund establishment and a review of the funds raised, with a report from staff.
Motion Edgerton, second Tucker.
At 8:17 p.m., Mayor Yoon returned to the dais.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Lester Randall on Tuesday, January 25, 2005 at the hour of 8:18 p.m., to the regular Meeting of Tuesday, February 8, 2005, at 7:10 p.m.
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