|
|
Council Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, February 22, 2005, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Candace Vance
ROLL CALL
Present: Keegan, Tucker, Yoon, Mayor Reviczky
Absent: Edgerton (arrived at 7:13 p.m.)
ANNOUNCEMENTS
Mayor Pro Tempore Tucker (1) thanked the Public Works staff for keeping the City relatively dry during this long wet winter; (2) congratulated Joanne Edgerton for being named president of Beach Cities Health District, a group which provides, among other things, paramedic funding for the beach cities; (3) invited the community to hear the Mayor’s State of the City address on Wednesday, March 2 from 6:00 to 8:00 p.m. at the Beach House; and (4) announced a meeting on Wednesday, February 23, from 11:00 a.m. to 12 Noon, at City Hall to provide planning and zoning requirements to contractors and architects to facilitate their work with the City.
Councilmember Edgerton commented on a meeting he had attended that day, along with many other elected officials, at which Governor Schwarzenegger spoke in support of saving the Los Angeles Air Force Base, which provides much employment for South Bay residents.
Councilman Yoon reminded everyone about the annual Sand and Strand Run at 8:00 a.m. on Sunday, April 27.
Mayor Reviczky congratulated Bruce Cook, a member of the City’s Board of Appeals, for his work in Sri Lanka with the urban search and rescue group after the tsunami, noting that the Los Angeles County Board of Supervisors was also acknowledging this group for their fine efforts.
PUBLIC PARTICIPATION:
-
ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward at this time to address the Council were:
Coming forward to address the Council at this time were:
Roger Creighton – Hermosa Beach, said he had requested information at a previous Council meeting on the reasons two Planning Commissioners recused themselves from hearing certain items, and asked that these reasons be stated at the next Planning Commission meeting and reflected in the minutes; said he had requested an explanation of the discrepancy of $200-300 hookup fees to individual homes during undergrounding of utilities mentioned at a Council meeting compared with figures he received from City Hall which indicated the fee was sometimes as high as $2,745; asked for an explanation of an incident involving a Councilmember at the Dragon Bar on Pier Plaza (Council directed staff to make sure that Planning Commissioners understand the need to give reasons for recusing oneself from hearing an item; and said undergrounding hookup fees can be $2,745 or more);
Sam Perrotti – Hermosa Beach Planning Commissioner, said the Community Development Director had provided information to the Commissioners regarding City policy on recusals and provided several examples of reasons (City Manager Burrell confirmed that the City Attorney had provided information, including instructions that these reasons be recorded in the minutes.); and
Candace Vance – Hermosa Beach, described the frustration of residents of her undergrounding district, Beach Drive, approved in June 2004, in not being able to get a start date from Southern California Edison; said many property owners paid their assessments up front and the City provided funds to Edison, but the request for proposal was not published until November, and now the costs were double the assessments, although Edison was bound to the amount agreed upon; felt it was time for the Council to assist (Mayor Reviczky said that City Manager Burrell had spoken with the Manhattan Beach City Manager, who described similar problems with Edison, and the mayor said he would go to Sacramento to seek assistance from the Public Utilities Commission and State legislators).
-
CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: Mayor Reviczky (f) and Keegan (j).
Motion Yoon, second Tucker. The motion carried by a unanimous vote.
At 7:32 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b).
-
RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 8, 2005.
Action: To approve the City Council minutes of the Regular meeting of February 8, 2005, as presented.
-
RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 39327 THROUGH 39455, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 37595, 38635 AND 38839 AS RECOMMENDED BY THE CITY TREASURER.
Action:
To ratify the check register, as presented.
-
RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.(PDF File).
Action:
To receive and file tentative future agenda items, as presented.
-
RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2004 FINANCIAL REPORTS:
- Revenue and expenditure report;
- City Treasurer's report;
and
- Investment report.
Action : To receive and file the January 2005 financial reports, as presented.
-
RECOMMENDATION TO RECEIVE AND THE FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 14, 2005.(PDF File).
Action:
To receive and file the Status Report of capital improvement projects that are either under design or construction as of January 31, 2005.
-
CAROLE ROBERTS TO BE USED FOR SUPPLIES FOR THE FIRE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated February 14, 2005.(PDF File).
This item was removed from the consent calendar by Mayor Reviczky in order to acknowledge and thank the donor.
Action : To accept the donation of $100 from Carole Roberts to be used for supplies for the Fire Department.
Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote.
-
RECOMMENDATION TO ADOPT A RESOLUTION TO ESTABLISH A BAIL SCHEDULE (FINE AMOUNT) FOR SECTION 10.36.110 OF THE HERMOSA BEACH MUNICIPAL CODE IN THE AMOUNT OF $35.00. Memorandum from Police Chief Michael Lavin dated February 15, 2005. (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 05-6379, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS (PREVIOUSLY ADOPTED BY RESOLUTION NO. 03-6310) TO INCLUDE A $35 FINE FOR HERMOSA BEACH MUNICIPAL CODE SECTION 10.36.110.”
-
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 1, 2005.(PDF File).
Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 1, 2005.
-
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 2005.(PDF File).
Action: To receive and file the action minutes of the Planning Commission meeting of February 15, 2005.
-
RECOMMENDATION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE 655C TRACTOR CRAWLER FROM COASTLINE EQUIPMENT OF LONG BEACH, CALIFORNIA IN THE AMOUNT OF $170,524.75; AND, APPROPRIATE $173,524.75 FROM THE EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE AND THE APPLICATION OF CORROSION PROTECTIVE COATING. Memorandum from Public Works Director Richard Morgan dated February 15, 2005.(PDF File).
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To approve the staff recommendation to:
(1) Authorize the purchase of a John Deere 655C Tractor Crawler from Coastline Equipment of Long Beach, California in the amount of $170,524.75; and
(2) Appropriate $173,524.75 from the Equipment Replacement Fund for this purchase and the application of corrosion protective coating.
Motion Keegan, second Yoon. The motion carried by a unanimous vote.
-
CONSENT ORDINANCES
ORDINANCE NO. 05-1246 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.22.060(F), TO REQUIRE SEPARATE METERS FOR WATER SUPPLY SERVICE CONNECTIONS FOR EACH UNIT IN RESIDENTIAL CONDOMINIUM PROJECTS.” For adoption. Memorandum from City Clerk Elaine Doerfling dated February 10, 2005.
Action: To waive full reading and adopt Ordinance No. 05-1246.
Motion Yoon, second Edgerton. The motion carried by the following vote:
AYES: Edgerton, Keegan, Yoon, Mayor Reviczky
NOES: Tucker
ABSENT: None
ABSTAIN: None
-
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(f) and (j) 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 10:19 p.m., the order of the agenda went to item 3, consent ordinances.
-
PUBLIC HEARINGS
-
COUNCIL REVIEW AND RECONSIDERATION OF APPROVAL OF AN ADDITION AND REMODEL TO AN EXISTING NONCONFORMING SINGLE FAMILY DWELLING IN A COMMERCIAL ZONE RESULTING IN GREATER THAN 10% REMOVAL OF EXTERIOR WALLS AT 64 TENTH STREET.
Memorandum from Community Development Director Sol Blumenfeld dated February 15, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item was:
Gerald Compton – Project Architect, said the only reason this project went before the Planning Commission was because of the 12% removal of exterior walls, rather than 10%, in order to provide a garage door, and noted that the Planning Commission had seen no other irregularities in the plans.
The public hearing closed at 7:41 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6380, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION APPROVING AN ADDITION 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 Edgerton. The motion carried by a unanimous vote.
-
COUNCIL REVIEW AND RECONSIDERATION OF A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR MOTOR VEHICLE SALES AND MOTOR VEHICLE REPAIR AT 2775 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated February 14, 2005. Supplemental memo and plans from project architect Dennis J. Flynn received February 22, 2005. Supplemental letter from Chris Howell & family received on February 22, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:52 p.m. Coming forward to address the Council on this item were:
Jeff Segal – said he was the landlord of the restaurant adjacent to the proposed business and disagreed with City staff that the new usage of the property would have less impact than the previous business; said a single curb cut for an auto sales and repair business was not sufficient; said the alley behind the properties was blocked in one direction and the fact that the Lotus is a race car created a safety hazard for his customers, many of whom are children;
Craig Cadwallader – Hermosa Beach, owner of an older Lotus, said they were not race cars but rather were 4-cylinder, 165-horsepower, lightweight, quiet cars; said test drivers unfamiliar with the car pulling out onto Pacific Coast Highway would be more dangerous than leaving the dealership by the alley;
Peter Boesen – Vice President of South Bay Lotus, said the restaurant next door used the alley for customer parking and the BMW dealership had not complained about that when it was there; said the new operation would be small, selling only about 12 to 15 new cars and 30 to 50 used cars per month, and servicing about five to ten cars per day; clarified that they would not be servicing BMW’s, only Lotus and used cars; said he expected that most cars would use Pacific Coast Highway for egress and ingress, with the alley only as an optional egress, and that there would be about eight employees;
Dennis Flynn – Project Architect, confirmed that the owner of the new business had agreed to all 25 of the Planning Commission conditions and said the dealership planned to continue to be a good neighbor;
Ginger Eastman – owner of Round Table Pizza, said problems with the previous dealership included vehicles parking and delivery trucks unloading in the restaurant parking lot at 5 p.m., when customers were arriving for dinner; said she was not concerned as much about use of the alley as she was about vehicles parking in the alley in front of the dumpster, which prevented the trash from being picked up; and
Chris Howell – Hermosa Beach, said he lived on 30th Street behind the subject property, thought the previous BMW dealership had been a good neighbor, and was sure this would continue to be the case with the new business; said when there had been problems in the past, he would call and they always responded; agreed that test drivers should not exit onto Pacific Coast Highway for safety reasons, and suggested using his street to drive the cars down to Ardmore Avenue, which was the most logical place for test driving; urged the Council to approve this low-volume dealership which would be an asset to the City.
The public hearing closed at 8:10 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-5381, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW MOTOR VEHICLE SALES AND SERVICE AND ADOPTION OF A NEGATIVE DECLARATION AT 2775 PACIFIC COAST HIGHWAY LEGALLY DESCRIBED AS A PORTION OF LOT A, TRACT 1594,” with the provision that number three in the resolution’s conditions of approval be changed to substitute the word “limit” for the word “prevent.”
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
-
MUNICIPAL MATTERS
-
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2004-2 (BAYVIEW DRIVE).
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 2004-2 (BAYVIEW DRIVE). Memorandum from Finance Director Viki Copeland dated February 14, 2005. (PDF File).
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING ISSUANCE AND SALE OF A LIMITED OBLIGATION IMPROVEMENT BOND FOR ASSESSMENT DISTRICT 2004-2 (BAYVIEW DRIVE) Memorandum from Finance Director Viki Copeland dated February 14, 2005. (PDF File).
City Manager Burrell presented the staff report and responded to Council questions. Assistant City Attorney Christi Hogan also responded to Council questions
The public hearing opened at 8:15 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:15 p.m.
Action : To approve the staff recommendation to:
(1) Adopt Resolution No. 05-6382, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 2004-2 (BAYVIEW DRIVE” and
(2) Adopt Resolution No. 05-6383, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED OBLIGATION IMPROVEMENT BOND FOR ASSESSMENT DISTRICT NO. 2004-2 (BAYVIEW DRIVE)” and authorize the City Manager to execute the purchase agreement.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
In reference to the concerns about Edison’s delays raised by Candace Vance during Public Participation, Council reiterated that that Mayor would be going to Sacramento to seek assistance from the Public Utilities Commission and State legislators.
-
REPORT ON HISTORIC PRESERVATION PLAN. Memorandum from City Manager Stephen Burrell dated February 5, 2005.
Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
City Manager Burrell presented the staff report and responded to Council questions. Assistant City Attorney Hogan also responded to Council questions
Coming forward to address the Council on this item were:
Roger Creighton – Hermosa Beach, stressed that a preservation program would have to be voluntary;
Cathy McCurdy – Hermosa Beach, said she was a member of the committee investigating historic preservation and the CEQA requirements came as a surprise to them; said a survey would give the City information but would not automatically designate structures for historic preservation;
Steve Pinard – Hermosa Beach, said being on a list was different than being designated a historic building; did not believe that CEQA would have as big an impact as some believed; urged the Council to establish a commission, explain incentives to property owners, and perform a survey of potential historic structures;
Sam Perrotti – Hermosa Beach Planning Commissioner, said a new commission was not necessary because the Planning Commission could accomplish these tasks; did not think that a lot of homeowners would volunteer their property;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said the Chamber was concerned about business owners who might be restricted or delayed in remodeling their buildings; urged the Council to make this a purely voluntary program;
Geoff Hirsch – Hermosa Beach, was concerned about the right of future generations to have history preserved for them; said there was a public outcry when the “lighthouse” house was torn down; suggested that the survey of historical structures Mrs. Gazin made 30 years ago be checked to see how many structures still exist; said that the Mills Acts was viable and had proved useful in many other cities;
Chris Miller – Hermosa Beach, said he was writing a book about Hermosa Beach and hoped history would be preserved before it all disappeared; said developers were working rapidly to tear down many old structures; said property owner rights were important but they should be balanced with a need to preserve history; and
Pete Hoffman – Hermosa Beach Planning Commissioner, said he was also a member of the committee; compared the impact of the CEQA with the impact of the Coastal Commission, which adds to the cost and slows down the approval process with additional review.
Action: To direct staff to investigate incentives and provide information about establishing a voluntary list, and to refer the matter to the Planning Commission.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
The meeting recessed at 9:28 p.m.
The meeting reconvened at 9:42 p.m.
-
CONSIDERATION OF ORDINANCE AMENDING THE CITY’S CAMPAIGN FINANCE ORDINANCE. Memorandum from City Attorney Michael Jenkins dated February 16, 2005.
Assistant City Attorney Christi Hogan presented the staff report and responded to Council questions, noting the need to amend the ordinance to change the phrase “candidate for city council” to “candidate for elective office,” in order to include the city clerk and city treasurer.
Coming forward to address the Council on this item was:
Roger Creighton – Hermosa Beach, suggested that the Council eliminate a maximum contribution and simply require that all donations be reported.
Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1247, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CAMPAIGN CONTRIBUTION PROVISIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE,” as amended to change the maximum contribution from $249 to $250 and replace the words “city council” with “elective office.”
Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Keegan.
At 10:13 p.m., the order of the agenda returned to item 4, items removed from the consent calendar for separate discussion.
-
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
-
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None
-
OTHER MATTERS - CITY COUNCIL
None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
MINUTES: Approval of minutes of Closed Session meeting held on February 8, 2005. 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, February 22, 2005, at the hour of 10:21 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, February 22, 2005, at the hour of 10:27 p.m. At the hour of 10:50 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, February 22, 2005, at the hour of 10:51 p.m. to the Regular Meeting of Tuesday, March 8, 2005 at 7:10 p.m.
|
