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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, April 26, 2005, at the hour of 7:12 p.m.
PLEDGE OF ALLEGIANCE
Carla Merriman
ROLL CALL
Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
Absent: None
ANNOUNCEMENTS
Police Chief Lavin invited the Council and the community to the Hermosa Beach Police Officers Association Open House on Sunday, May 1 from 11 a.m. to 4 p.m., with tours of the Police Station, a barbeque lunch, displays and activities for the whole family. He said Sgt. Tom Thompson, in recognition of his many community activities and excellent police service, would be honored at the Thursday, April 28, Medal of Valor luncheon with a Sustained Superiority Award.
Councilmember Keegan reported on the morning meeting he attended, along with 24 other local South Bay officials, regarding the possible split of the 310 area code; said discussions included arguments to slow the process and suggestions for new rules for allocating phone numbers; said a legislative bill AB1380 (Gordon) had been introduced to encourage the Public Utilities Commission to slow down the process.
Guy Grimm and his wife Grace Toki presented a computer-generated slide show of their experience assisting tsunami victims in Thailand. The Council presented them with a proclamation recognizing their efforts. Mayor Reviczky said the City is very proud of them and that Hermosa Beach has an abundance of wonderful volunteers.
CLOSED SESSION REPORT FOR MEETING OF APRIL 12, 2005 :
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Roger Creighton – Hermosa Beach, said he spent time with Mayor Reviczky and Mayor Pro Tempore Tucker looking at improper signage and sidewalks blocked on both sides due to work being done on Second Street, where he saw a girl unsafely pushing her bike through traffic; said there was no canopy over the sidewalk at a construction site on Sixth Street near Manhattan Avenue; said he was concerned about financial liability for the City’s taxpayers; and
Albert Roman – Hermosa Beach, said he addressed the Council every few months to discuss persecution in China of practitioners of Falun Gong; thanked Congressman Jane Harman for her support; discussed his time living in China and his practice of Falun Gong when he returned to the United States; offered a sample resolution provided by the Los Angeles Human Relations Commission and requested that the Council adopt the resolution condemning this persecution (Councilmember Edgerton said Jane Harman was the proper legislator to provide support; Councilman Yoon said he doubted that the Chinese government would acknowledge an opinion from a Councilmember of Hermosa Beach, but that he would write a letter of support.
Action : To direct staff to investigate if there are violations in the city involving the issues addressed this evening by Mr. Creighton concerning pedestrian access during street repairs and a sidewalk canopy at construction sites.
Motion Tucker, second Mayor Reviczky. The motion carried, noting the dissenting vote of Edgerton
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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: (c) Yoon, (f) Mayor Reviczky, and (i) Tucker.
Motion Tucker, 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 APRIL 12, 2005.
Action: To approve as presented the minutes of the Regular City Council meeting of April 12, 2005.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 39966 THROUGH 40126, AND TO APPROVE THE CANCELLATION OF CHECKS NOS. 40048, 40105 AND 40126 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.
This item was removed from the consent calendar by Councilman Yoon for separate discussion later in the meeting, at which time he announced that he would be unable to attend the June 14, 2005 Council meeting as he would be out of town on business.
Action: To receive and file the Tentative Future Agenda Items as presented.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2005 FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action :
To receive and file the March 2005 financial reports as presented
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated April 18, 2005.
Action:
To receive and file the Status Report of capital improvement projects that are either under design or construction as of March 31, 2005.
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RECOMMENDATION TO ACCEPT DONATION OF $2,000 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR S.A.R.T. (SEXUAL ASSAULT RESPONSE TEAM) MEDICAL SERVICES. Memorandum from Finance Director Viki Copeland dated April 20, 2005.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donor.
Action : To accept the donation of $2,000 from the Woman’s Club of Hermosa Beach to be used for S.A.R.T. (Sexual Assault Response Team) medical services.
Motion Mayor Reviczky, second Yoon. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2005. Memorandum from Finance Director Viki Copeland dated April 4, 2005.
Action : To receive and file the action minutes of the Planning Commission meeting of April 19, 2005.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 5, 2005.
Action : To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 5, 2005.
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RECOMMENDATION TO AWARD THE PURCHASE OF ONE (1) CHEVROLET TRAIL BLAZER TO WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA, IN THE AMOUNT OF $25,988.53 AND AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED. Memorandum from Public Works Director Richard Morgan dated April 19, 2005.
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting in order to question the reason why an Astro van was being replaced by a Trail Blazer, which is a different type of vehicle.
Action : To continue the item to the next Council meeting of May 10, 2005, with direction to staff to report back at that time on the reasons for purchasing this particular type of vehicle.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
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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 April 21, 2005.
Claimant: Cuadra, Ernesto
Date of Loss: 03-25-05
Date Filed: 04-12-05
Allegation: Property Damage and Personal Injury
Action : To approve the staff recommendation to deny the claim and refer it to the City’s Liability Claims Administrator.
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(c) and (f) were heard at 7:26 p.m. At 7:30 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and 5(b). Item 2(i) was heard at 10:41 p.m. All items 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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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 (CONTINUED FROM MARCH 8 AND 22, 2005 MEETINGS). Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
The following ex parte discussions were disclosed by the Councilmembers: Mayor Reviczky said he had met with the applicants, received a letter from their attorney, and spoke with Roger Creighton; Mayor Pro Tempore Tucker said he spoke with the applicants’ attorney, received a letter from Bill Beverly (their attorney) in response to the letter from the City Attorney Jenkins, spoke to Roger Creighton, and had a conversation at the restaurant prior to the first hearing with the applicant; Councilman Yoon said he saw the letter from Mr. Beverly and spoke with the applicants; Councilmember Edgerton said he had no contact with Roger Creighton, spoke to one of the applicants who called him on April 26, and talked to the applicants’ attorney on April 25; Councilmember Keegan said that he spoken with the applicants before the first hearing and had not spoken to Mr. Creighton or the applicants since the last meeting.
City Attorney Jenkins said there had been four letters between his office and the applicants’ attorney, and he asked that those four letters be made a part of the written record of these proceedings.
The public hearing opened at 7:34 p.m. Coming forward to address the Council on this item were:
William Beverly – Torrance, representing the business owners/applicants, said at the March 8, 2005 public hearing, testimony was heard and a motion passed on a 3-2 vote to overturn the Planning Commission decision and approve the variance with the stipulation that the upper canopy not exceed the roofline; said the videotape shows Councilmember Yoon making the findings, with Councilmember Edgerton agreeing and adding economic findings, and Councilmember Keegan agreeing but disagreeing that economics had relevance; said Director Blumenfeld volunteered to draft the resolution presented at the March 22 meeting, at which Mayor Pro Tempore Tucker removed the item from the consent calendar for discussion, Councilmember Keegan withdrew his support, and the resolution was rejected on a 2-3 vote; referenced his correspondence with City Attorney Jenkins, noting that he disagreed with the City’s position that the March 8 action was not final because written findings had yet to be made; said rejection of the resolution had no effect on the motion that the Council passed on March 8; said it was appropriate for Council disclosure of any evidence presented to them after the March 8 hearing which might have had an impact on their decisions on March 22 or tonight; said a resolution was not necessary and believed that the Superior Court would agree;
Jed Sanford – co-owner of the Union Cattle Company, said he respected the right of each Councilmember to vote his mind but was troubled by events since the March 8 hearing; said Councilmember Keegan voted for the variance, but then on March 22 voted against it, and he felt they had a right to know why his vote changed; said Councilmember Keegan had not contacted them but was quoted in the newspaper as saying that he could not make finding number two; asked why the resolution presented this evening makes none of the findings;
Allen Sanford – Union Cattle Company co-owner, said Council votes should not be based on personal opinion, outside discussion, or how others vote; discussed the four findings and said at the suggestion of Councilmember Keegan, they had compared their property to the Pavilion project, not for a precedent but for definition: (1) Exceptional conditions – said they found that their 9% slope is greater than the 3% at the Pavilion; (2) Enjoyment of property right – said based on the definition applied to the Pavilion, the conditions at their property were similar; (3) Detrimental to public welfare – said the areas in question cannot be seen from the westerly side and not one person besides Roger Creighton has come forward to express concerns on views or anything else; and (4) Conformance with the General Plan – said no one has ever said the project was not consistent;
Fred Hahn – Patrick Molloy’s Restaurant, said at one time he was partners with these business owners; noted that there had been many problems with the previous restaurant at this site; said this was a good steak house, and all of a sudden something that cannot be seen from the streets has popped up as a problem; said he was baffled by the Council’s decision and asked that the Council take another look at this good facility which does not cause problems;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, agreed about problems with the previous business, bringing in the wrong element and creating noise and trash problems for neighbors; said since Union Cattle Company opened two years ago, there had been no police incidents or problems with the neighbors, and the establishment has brought in a better crowd; said it was one of only two restaurants able to handle large crowds for special events for community and non-profit groups, banquets and meetings for organizations outside the City, and one of three establishments able to host large Christmas parties; said it was important to have this type of facility if the City wanted to encourage tourism and businesses to relocate in Hermosa Beach; said the business was important to the economic health of the City, because $500,000 had gone toward sales tax since they opened; said the tenting was important because of the elements; said that if special consideration was given to the variance for Pavilion, she would like to see the Council make some special consideration for Union Cattle Company;
Skip Blomer –Hermosa Beach, said it was his understanding that this issue began when Code Enforcement discovered that the tent exceeded the 30-foot height limit; said others were expected to conform to this limit and if a variance was granted in this case, it would open the door for anyone else who could convince the Council that they have different circumstances; recommended that the Council adopt the resolution and restrict the structure to 30 feet; and
Ron Pizer – Planning Commissioner, said the Planning Commission could not make the findings for the variance either; said the Pavilion project had other elements, such as being a distressed property that had been vacant for many years.
The public hearing closed at 7:50 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6389 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO DENY A REQUESTED CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE TO ALLOW A PERMANENT DECK COVER ON THE SECOND FLOOR DECK, AND SEASONAL TENT ON THE UPPER FLOOR DECK TO EXCEED THE 30-FOOT HEIGHT LIMIT AT UNION CATTLE COMPANY RESTAURANT AT 1301 MANHATTAN AVENUE.”
Motion Tucker, second Keegan. The motion carried, noting the dissenting vote of Edgerton and Yoon.
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TEXT AMENDMENT TO ALLOW SIGN OWNERS TO SUBSTITUTE NON-COMMERCIAL SPEECH ON A COMMERCIAL SIGN. Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2005.
Community Development Director Blumenfeld presented the staff report and 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 waive full reading and introduce Ordinance No. 05-1248, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.50.010, TO ALLOW NON-COMMERCIAL SPEECH ON COMMERCIAL SIGNS,” with direction to staff to come back in 30 to 60 days with a subsequent ordinance addressing other issues currently not in the Code, such as profanity.
Motion Yoon, second Tucker. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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MOVIE IN THE PARK. Memorandum from Community Resources Director Lisa Lynn dated April 19, 2005.
Community Resources Director Lynn presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue was:
Carleen Beste – Hermosa Beach Friends of the Parks, said the event would be free to the public but donations would be accepted, noting it would make people aware of their group and help to raise funds; said it would be an evening of family activities along with the viewing of the movie.
Action : To approve the staff recommendation to approve the Movie in the Park, “Shark Tales,” at Valley Park on Saturday, August 27, 2005.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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CENTENNIAL CELEBRATION COMMITTEE. Memorandum from Community Resources Director Lisa Lynn dated April 19, 2005.
Community Resources Director Lynn presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Laura Raymond – Hermosa Beach, said Council support was being sought to establish the committee so that it could move forward to reach out to the community for volunteers and to other groups who might also want to hold related events;
Maureen Ferguson – Hermosa Beach, said community groups might wish to revamp some of their regular annual events to put a Centennial spin on them; suggested a possible celebrity volleyball game before the AVP tournament or a 100-yard dash at the Sand and Strand event; said they had sponsors and there were opportunities for families and organizations to contribute time and money; suggested restaurants offer a birthday breakfast with a 10 cents pancake meal; said the first order of business would be contests within the schools to designate a logo with art use to identify the celebration; and
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said their Board of Directors had offered the Centennial Committee an opportunity to participate in the Fiesta Beer Garden for the next two years before the Centennial which would provide about $8,000 and there would be flyers at the Fiestas; said the Chamber will produce a bi-annual Commemorative Directory of Membership with a Centennial Celebration theme, making sure that all businesses and residences receive a copy.
Action : To approve the concept of a “Centennial Celebration Committee” and direct staff to report back on the structure of the committee.
Motion Tucker, second Yoon. The motion carried by a unanimous vote.
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REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS – HERMOSA BEACH MUNICIPAL CODE SECTION 12.16.090 – 12.15.100 AND OUTDOOR DINING STANDARDS AND PROCEDURES - LOWER PIER AVENUE. REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS – HERMOSA BEACH MUNICIPAL CODE SECTION 12.16.090 – 12.15.100 AND OUTDOOR DINING STANDARDS AND PROCEDURES - LOWER PIER AVENUE.
Community Development Director Blumenfeld and 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:
Ron Newman – Aloha Sharkeez, expressed anger that the businesses affected by this discussion were not made aware of this agenda item; said it seemed that every six months, Pier Plaza businesses were attacked for one reason or another; said if conditional use permits were enforced on the Plaza, they should be enforced throughout the City; and
Mark Ellis – Hermosa Beach, said at least three times a week, even with his windows closed and a fan on, he had trouble sleeping because of the noise from Sharkeez or some of the other bars on the Plaza even though he lived 100 to 150 yards away; said that he had called Sharkeez at 1:30 a.m. and talked to the manager, who said if he lived next to a bar he deserved the noise; said he was afraid to go out after midnight because of out-of-town gang-bangers in the downtown area.
Action : To continue the issue to the next Council meeting of May 10, 2005, and direct staff to send notification to all businesses that have an encroachment permit.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
The meeting recessed at 8:52 p.m.
The meeting reconvened at 9:08 p.m., with item 6(d).
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VERIZON FIBER OPTIC CABLE UPGRADES AND SYSTEM IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated April 21, 2005.
At 9:08 p.m., Councilman Yoon recused himself from this item and left the dais and the room due to a potential conflict of interest since his employment involves Internet access.
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 were:
Frank Uribe – Verizon Director of External Affairs, said that the upgrade to fiber optics is state-of-the-art technology for Hermosa Beach residents; introduced other Verizon representatives present;
Albert Aleman – Verizon Regional Manager, gave a PowerPoint presentation explaining Fios, the suite of fiber-optic services being offered in Fiber-to-the-Premises; a comparison with dial-up and high speed internet; the sizes of the cabinets; why underground placement is not feasible; an example of before and after cabinet placement; proposed locations; equipment at customers’ premises; and the effects to undergrounding districts; said the system would be available for residential and commercial installations, including Hermosa Beach City Hall;
Randy Gromlich – Verizon Manager of Fios Marketing, confirmed that fiber optic internet service would be much faster than other high speed internet service; said a song could be heard all the way through while it was being downloaded;
Rob Beste – Hermosa Beach, said that he welcomed competition; thought the boxes were a little big, but was in overall agreement, saying faster internet speed would be beneficial to both business and residential locations; and
Janice Brittain – Hermosa Beach, said she was definitely in favor of this upgrade, especially since it was being done at Verizon’s cost; said that there would be benefits for businesses, homes, and education.
Action: To tentatively approve the proposal, with Mayor Reviczky, Public Works Director Morgan, and Verizon representative to work together to investigate the appropriateness of all locations and report back at the next meeting of May 10, 2005, for final Council consideration of the locations.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
At 10:20 p.m., Councilman Yoon returned to the dais.
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CONCERT SERIES PROPOSAL – SUMMER 2005. Memorandum from Community Resources Director Lisa Lynn dated April 19, 2005. Two supplemental memos from Director Lynn were received on April 26, 2005.
Community Resources Director Lynn presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to:
(1) Approve the concert dates of July 31, August 7, and August 14, 2005 and proposal for entertainment venue; and
(2) Appropriate $50,000 in the 2005-06 budget as follows:
(a) $25,000 General Fund Designated from American Express donation;
(b) $14,000 donations to be received from Arrowhead, Corona Light;
(c) $2,500 reappropriation of 2004-05 donation from 24 Hour Fitness; and
(d) $8,500 from Prospective Expenditures or additional donations or sponsors.
Motion Yoon, second Edgerton. The motion carried, noting the dissenting vote of Mayor Reviczky.
Further Action: To consider a fourth concert with local talent providing the entertainment free of charge, with direction to staff to confirm the cost of approximately $5,000 to use the stage and equipment from the other concerts and report back to Council.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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AMERICAN EXPRESS FUNDS. Memorandum from City Manager Stephen Burrell dated April 21, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to revise the Council action of November 23, 2004, regarding of the use of the American Express Funds to appropriate for additional funds for the Sunset Concert Series and for the Centennial Celebration entertainment activities, with the understanding that staff will continue to seek sponsorships.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES – BOARDS AND COMMISSIONS UNSCHEDULED VACANCY OF UNEXPIRED TERM –PLANNING COMMISSION. Memorandum from City Clerk Elaine Doerfling dated April 20, 2005.
City Clerk Doerfling presented the staff report and responded to Council questions.
Action : Council consensus was to approve the recommendation to schedule a meeting at 6:00 p.m. prior to its regular meeting of Tuesday, May 10, 2005, to interview applicants for the unscheduled vacancy on the Planning Commission to fill an unexpired term ending June 30, 2008, with appointment to be made later that evening, during the regular Council meeting.
At 10:41 p.m., the order of the agenda returned to Item 4, to consider consent calendar item 2(i), which had been removed for separate discussion.
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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, April 26, 2005, at the hour of 10:42 p.m. to an Adjourned Regular Meeting on Tuesday, May 10, 2005, at the hour of 6:00 p.m. for the purpose of conducting Planning Commission applicant interviews, to be followed by the Regular Meeting of that date at 7:10 p.m.
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