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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, March 8, 2005, at the hour of 7:14 p.m.

PLEDGE OF ALLEGIANCE

Tom Martin, Supervisor Don Knabe’s Field Deputy

ROLL CALL

Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
Absent: None

ANNOUNCEMENTS

Mayor Reviczky reminded and invited everyone to attend the St. Patrick’s Parade on Saturday, March 12 at 11:00 a.m., and announced that today, March 8, was Vietnam Veterans Remembrance Day.

Mayor Pro Tempore Tucker said that last Friday he, along with City Manager Steve Burrell and Public Works Director Richard Morgan, visited the gentleman who is recasting the Tim Kelly statue in bronze, which will be a wonderful feature of the newly refurnished pier, and thanked everyone who contributed to the project.

PRESENTATION

DON KNABE, SUPERVISOR FOURTH DISTRICT
LOS ANGELES COUNTY BOARD OF SUPERVISORS

Supervisor Don Knabe presented a $1.9 million check to the City Council for the pier project, which includes the lifeguard headquarters for the southern region of the Los Angeles County Lifeguards.

CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 22, 2005: No reportable actions.

1. ORAL AND WRITTEN COMMUNICATIONS

   Coming forward to address the Council at this time was:
   Marilyn Boussaid – Hermosa Beach, asked that item 2(e), the Public Works Commission minutes, be removed from the consent calendar so that she might have an opportunity to address the Council regarding her request for a handicapped parking space near her home, which was denied by the Public Works Commission.

   a. Letter from Roger Creighton dated February 25, 2005 regarding historical preservation.

   City Attorney Jenkins responded to Council questions.

   Coming forward to address the Council on this letter was:
   Roger Creighton – Hermosa Beach, said he was willing to help fund a program for historic preservation.

   Action: To receive and file the letter and forward it to the Marineland Mobile Home Park. Homeowners Association.
   Motion Tucker, second Mayor Reviczky. The motion carried by a unanimous vote.

2. CONSENT CALENDAR:

   Action: To approve the consent calendar recommendations (a) through (f), with the exception of item 2(e), which was removed by Mayor Reviczky for separate discussion in item 4, and item 2(f), which was approved separately after City Manager Burrell noted corrections to the staff report. All items are shown in order for clarity.
   Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

   1. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 22, 2005.

      Action: To approve as presented the minutes of the Regular City Council meeting of February 22, 2005.

   2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 39457 THROUGH 39602, INCLUSIVE.

      Action: To ratify the check register as presented.

   3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.(PDF File).

      Action: To receive and file tentative future agenda items as presented.

   4. RECOMMENDATION TO ACCEPT DONATIONS OF $250 FROM ALL CITY COMPUTERS TO BE USED FOR WIFI SPONSORSHIP; $280 FROM OZZIE AND GLORIA CADENA TO BE USED FOR JAZZ MEMORIAL PLAQUES; AND, $20 FROM JACK NIMITZ TO BE USED FOR JAZZ MEMORIAL PLAQUES. Memorandum from Finance Director Viki Copeland dated February 28, 2005

      Although this item was not pulled for separate discussion, Mayor Reviczky acknowledged and thanked the donors.

      Action : To accept the following donations to the City:
      - $250 from All City Computers to be used for WiFi Sponsorship;
      - $280 from Ozzie and Gloria Cadena for Jazz Memorial plaques; and
      - $ 20 from Jack Nimitz to be used for Jazz Memorial plaques

   5. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF FEBRUARY 16, 2005. Supplemental letter from Marilyn Boussaid dated February 22, 2005.(PDF File).

      This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting.

      Action: To agendize for the March 22, 2005 City Council meeting a review of Ms. Boussaid’s request for a handicapped parking space at 1521 Monterey Boulevard (Public Works item 6.b.) and receive and file the remainder of the February 16, 2005 action minutes of the Public Works Commission meeting.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

   6. RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $25,000 FOR PROVIDING THE ASSESSMENT ENGINEERING SERVICES NECESSARY TO FORM A SUPPLEMENTAL ASSESSMENT DISTRICT FOR STREET LIGHTING AND LANDSCAPING; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, APPROPRIATE $30,000 FROM THE LIGHTING/LANDSCAPING DISTRICT FUNDS TO COVER COST OF PROFESSIONAL SERVICES PLUS POSTAGE COSTS FOR MAILING BALLOTS. Memorandum from Public Works Director Richard Morgan dated February 28, 2005. (PDF File).

      City Manager Burrell noted changes to the staff report to reflect the correct costs of the agreement and the appropriation.

      Action : To approve the staff recommendation to:
      

      1. Approve a Professional Services Agreement with Harris & Associates in an amount not to exceed $29,500 for providing the assessment engineering services necessary to form a Supplemental Assessment District for Street Lighting and Landscaping;
      2. Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and
      3. Appropriate $34,500 from the Lighting/Landscaping District funds to cover cost of professional services plus postage costs for mailing ballots.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

      At 7:30 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b).

3. CONSENT ORDINANCES

   1. ORDINANCE NO. 05-1247 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CAMPAIGN CONTRIBUTION PROVISIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated March 1, 2005. Supplemental revised ordinance received March 8, 2005.

      Action: To waive full reading and adopt Ordinance No. 05-1247.
      Motion Edgerton, second Tucker. The motion carried by the following vote:

      AYES: Edgerton, Keegan, Tucker, Yoon, and Mayor Reviczky
      NOES: None
      ABSENT: None
      ABSTAIN: None

      At 10:48 p.m., the order of the agenda went to item 8(a)

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Item 2(e) was heard at this time but is 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.

5. PUBLIC HEARINGS

   1. CONSIDERATION FOR APPROVAL OF 2005 SPECIAL EVENTS.

      Memorandum from Community Resources Director Lisa Lynn dated March 1, 2005.

      Community Resources Director Lynn presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

      The public hearing opened at 7:36 p.m. Coming forward to address the Council on this item were:

      Daniel Freedman – Autos of Yesteryear Car Show Coordinator, took the opportunity to invite everyone to the free classic car show on Saturday, May 7, on Pier Plaza;

      Sam Perrotti and Ken Klade – Hermosa Beach, said the agenda incorrectly showed May 19 as the first date for the Hermosa Beach Art Walk, but that date had been changed to May 12; noted that the other two Art Walk dates were June 16 and July 21;

      Carla Merriman – Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said Hermosa Beach businesses support the AVP Hermosa Open Beach Volley Tournament, the Autos of Yesteryear Car Show and the Hermosa Beach Art Walk because they were enjoyable events and they bring visitors to town to patronize local businesses;

      Christopher Lund – representing the Volcom Sea Slugs Youth Surf Contest, thanked the Council for allowing the event to take place again, noting that it was a free and fun event;

      Ross Bolling – EVP Commissioner, representing the EVP Tour – Pro Am Beach Volleyball Tournament, responded to Council questions, saying there would be no inflatables in the shape of a beer bottle or any alcohol product, and they would not have a band; and

      Matt Gage – representing AVP Hermosa Open Beach Volleyball Tournament, said that the request for two extra days for the setup and teardown would allow for better operation and cleanup after the event, noting that they were very motivated to clean up; said they had no band signed for the event but planned to have an inoffensive band in the same genre as Smashmouth, which was last year’s band; said a traffic plan would be in place and that they did not use inflatables that were representations of alcohol beverages; requested a one-time exemption to the City’s ordinance to sell food and non-alcoholic drinks on the beach; said the plan, as in past years, was to have Nissan drive on the beach to introduce the players in the championship finals and that they had never experienced any problems with this procedure; welcomed the opportunity to work together with City staff and police for a smooth event; asked for a waiver of the film permit and for a three-year agreement (City Attorney Jenkins said an exemption to the ordinance banning the sale of food and drink on the beach could not be allowed for this event alone but that the ordinance could be amended to allow food and drink to be sold on beach under certain circumstances).

      The public hearing closed at 8:20 p.m.

      Action: To approve the following 2005 events and grant the requested fee waivers for non-profit events:
      - Hermosa Beach Triathlon (MESP) - October 9
      - Great Autos of Yester Year Car Show - May 7
      - Hermosa Beach Art Walk - May 12, June 16 & July 21
      - Amateur Athletic Union (AAU) Youth Volleyball Tournament – July 9, 10, 17
      - So Cal Foundation for Children Beach Volleyball Tournament – July 30
      - World Aids Day – November 27
      - Volcom Sea Slug Youth Surf Contest – December 10
      Motion Keegan, second Yoon. The motion carried by a unanimous vote.

      Action: To approve the EVP Tour Pro Am Beach Volleyball Tournament - June 18, 2005, stipulating no inflatables in the shape of alcoholic beverages. Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

      Action: To approve the AVP Hermosa Open Beach Volleyball Tournament - July 21-24, 2005.
      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

      Further Action : To waive the film permit fee for the AVP Hermosa Open Beach Volleyball Tournament - July 21-24, 2005.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Mayor Reviczky.

      Further Action: To direct staff to:
      (1) Prepare a three-year agreement for the AVP Hermosa Open Beach Volleyball Tournament; and
      (2) Draft an ordinance that would allow the sale of food and beverage on the beach at designated events.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

      Further Action: To tentatively approve the dates of July 31, August 7 and August 14 for the 2005 Summer Beach Concert Series, with a final decision to be made at a future meeting with regard to the bands who would perform and the addition of a fourth concert if funding is available.
      Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote.

   2. COUNCIL REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION’S DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A PERMANENT DECK COVER ON THE SECOND FLOOR DECK, AND SEASONAL TENTS FOR OUTDOOR BANQUETS ON THE UPPER LEVEL DECK, AND A VARIANCE FOR THESE STRUCTURES TO EXCEED THE MAXIMUM 30-FOOT HEIGHT LIMIT AT 1301 MANHATTAN AVENUE, THE UNION CATTLE COMPANY. Memorandum from Community Development Director Sol Blumenfeld dated March 1, 2005. Supplemental letter from anonymous residents and Resolution No. 03-6246 from staff received March 7, 2005.

      Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

      The public hearing opened at 8:44 p.m. Coming forward to address the Council on this item were:

      Allen Sanford, Jed Sanford, Steve Jones – Union Cattle Company, made a slide presentation; said they were not familiar with the planning process and addressed the four findings to be met; described the building they now owned, which had previously been a brewery; compared their project to the Pavilion project on Pacific Coast Highway, for which a similar variance had been granted; showed pictures of the current appearance of the three outdoor decks; said they were more than willing to work with the City to make necessary changes; and

      Roger Creighton – Hermosa Beach, asked if the deck cover was fire resistant (Director Blumenfeld replied that the owners’ indicated that it was but that an investigation was necessary to confirm that).

      Proposed Action : To overturn the Planning Commission decision and approve the variance, based on the Council’s ability to make all the findings. Motion Yoon, second Edgerton. The motion was replaced by the following substitute motion.

      Action : To overturn the Planning Commission decision and approve the variance with the stipulation that the canopy on the upper deck be reduced in height to not exceed the roofline.
      Motion Yoon, second Edgerton. The motion carried, noting the dissenting votes of Mayor Reviczky, and Mayor Pro Tempore Tucker, who said he was unable to make the first three of the four findings required for granting a variance.

      Further Action: : To direct staff to agendize a discussion of corrective action against the person or persons responsible for building these improvements without a building permit. Motion Yoon, second Edgerton. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky.

      Further Action: : To direct staff to agendize a discussion of corrective action against the person or persons responsible for building these improvements without a building permit. Motion Yoon, second Edgerton. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky.

      Further Action: : To require that the cover on the first level deck meets the Building Code.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

      The meeting recessed at 8:29 p.m.
      The meeting reconvened at 8:48 p.m., with the continuation of item 5(b).

      Further Action: : To clarify that the roofline is considered to be the top of the parapet, and the height of the canopy on the third level deck shall not exceed the top of the parapet.
      Motion Yoon, second Edgerton. The motion carried, noting the dissenting votes of Mayor Pro Tempore Tucker and Mayor Reviczky.

      Further Action: : To refer the issue of revising the method currently used to measure the height of commercial buildings to the Planning Commission for review and recommendation.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

      Director Blumenfeld said a resolution would be prepared for adoption at the next meeting, and that he would immediately check that the deck cover is fire resistant.

6. MUNICIPAL MATTERS

   1. VERIZON FIBER OPTIC CABLE UPGRADES AND SYSTEM IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated March 3, 2005.

      At 9:48 p.m., Councilman Yoon recused himself from hearing this item because his employer is opposed to these type of improvements, and left the dais and the room.

      City Manager Burrell presented the staff report and responded to Council questions.

      Coming forward to address the Council on this item were:

      Frank Leewitt and Greg Tilbert – Verizon, explained the improved technology for providing broadband to residents and eventually cable TV, said aesthetics, safety, and compliance with ADA requirements were goals in the location of the boxes and that they would work closely with staff to determine the locations; said the service would be available at the property line when homeowners wanted to bring it into their home; did not think undergrounding of the boxes would be possible because of the expense and degradation of services, noting that Verizon would probably abandon the project if the City required undergrounding.

      Action: To direct staff to work with Verizon on the:
      (1) Ready-for-construction undergrounding districts of Beach Drive and Bay View Drive and on the design of the Bonnie Brae district;
      (2) Placement of the pedestal boxes in the best locations, taking into consideration aesthetics and ADA requirements;
      (3) Undergrounding of as many boxes as possible; and
      (4) Request to provide the Council with photographs of the boxes.
      Motion Edgerton, second Keegan. The motion carried, noting the absence of Councilman Yoon.

      Further Action : To agendize for a future meeting the issue of amending the Code to require all utilities to put their boxes underground. Motion Keegan, second Edgerton.

      At 10:47 p.m., Councilman Yoon returned to the dais and the order of the agenda returned to item 3(a).

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   None

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   1. VACANCIES - BOARDS AND COMMISSIONS – PLANNING COMMISSION – UNEXPIRED TERM ENDING JUNE 30, 2008. Memorandum from City Clerk Elaine Doerfling dated March 2, 2005.

      City Clerk Doerfling presented the report and responded to Council questions.

      Action: To direct the City Clerk to advertise the Planning Commission vacancy with a newspaper publication and normal posting procedures, inviting applications from persons interested in being appointed to fill the unexpired term ending June 30, 2008, as recommended.
      Motion Tucker, second Keegan. The motion carried by a unanimous vote.

9. OTHER MATTERS - CITY COUNCIL

   1. Request from Mayor Reviczky for the City to consider providing funding in the amount of $5,000 to the Los Angeles Air Force Base retention effort.

      Mayor Reviczky spoke to his request.

      Action: To provide funding in the amount of $5,000 to the Los Angeles Air Force Base retention effort. Motion Mayor Reviczky second Edgerton. The motion carried by a unanimous vote.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

1. MINUTES: Approval of minutes of Closed Session meeting held on February 22, 2005.

2. 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

3. CONFERENCE WITH LABOR NEGOTIATOR
   Government Code Section 54957.6

   City Negotiator:	Stephen Burrell
   Employee Organizations :	Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Unrepresented employees

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 8, 2005, at the hour of 10:52 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, March 8, 2005, at the hour of 11:02 p.m. At the hour of 11:30 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, March 8, 2005, at the hour of 11:31 p.m. to the Regular Meeting on Tuesday, March 22, 2005, at the hour of 7:10 p.m.

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