VivaHB-Old-Agendas/Minutes

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, May 24, 2005, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

Gary Vincent

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Edgerton reminded everyone about the Fiesta Hermosa over the Memorial Day weekend, saying it was a great three-day event with lots of vendors, arts & crafts, and live music.

Councilman Yoon announced the annual Heal the Bay fundraiser dinner that will take place Thursday, June 2, and said the $300 tickets were for a good cause.

Mayor Reviczky invited everyone to the Green Hills Memorial Day service Monday, May 30, noting there would be many color guards and flyovers. He also said public input was being sought, in the form of a survey of Cable TV service, which would assist the City in negotiating the upcoming franchise renewal.

PRESENTATION

GREG WYATT, PRESIDENT
HERMOSA BEACH KIWANIS CLUB

City Manager Burrell said the presentation was postponed to the next meeting.

CLOSED SESSION REPORT FOR MEETING OF MAY 10, 2005: Closed session of May 10, 2005, was canceled.

ORAL AND WRITTEN COMMUNICATIONS
1. Letter from Roger Creighton dated May 15, 2005, regarding fire hydrants. A supplemental letter from Roger Creighton was received on May 23, 2005.
  
  Coming forward to address the Council on this item was:
  Roger Creighton – Hermosa Beach, said the Council should take action on the threat to public safety from obstacles limiting or preventing access to fire hydrants.
  
  Coming forward to address the Council at this time was:
  Patty Egerer – Hermosa Beach, expressed concern about maintaining access to fire hydrants and read a letter she had submitted which gave details; requested an inspection of all fire hydrants in the City (Fire Chief Tingley said the firefighters were conducting inspections of all 348 hydrants, and California Water Service has contracted with an outside company to make sure that water flow is adequate).
CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) and (g) Mayor Reviczky, and (l) Tucker.
Motion Yoon, second Tucker. The motion carried by a unanimous vote.

At 7:45 p.m., the order of the agenda was suspended to go to item 4.
1. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR AND ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL HELD ON MAY 10, 2005.
  
  Action: To approve as presented the minutes of the Regular and Adjourned Regular City Council meetings of May 10, 2005.
2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 40243 THROUGH 40408 INCLUSIVE, ALONG WITH ELECTRONIC PAYMENT VOUCHERS TO SOUTHERN CALIFORNIA GAS COMPANY, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 39529 AND 40137 AS RECOMMENDED BY THE CITY TREASURER.
  
  Action: To ratify the check register as presented.
3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.
  
  This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to reschedule the budget workshop date, since not all Council members would be available June 2.
  
  Action : To receive and file Tentative Future Agenda Items, with the budget workshop rescheduled to take place Wednesday, June 1, 2005, at 7:00 p.m. Motion Mayor Reviczky, second Yoon. The motion carried by a unanimous vote.
4. RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2005 FINANCIAL REPORTS:
  
  1) Revenue and expenditure report;
  2) City Treasurer's report; and
  3) Investment report.
  
  Action : To receive and file the April 2005 financial reports as presented.
5. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated May 16, 2005.
  
  Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2005.
6. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 3, 2005.
  
  Action : To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 3, 2005.
7. RECOMMENDATION TO ACCEPT DONATIONS OF $4,000 FROM SPORTS ENDEAVORS, INC. TO BE USED FOR THE 2005-06 SUNSET CONCERT SERIES; $1,000 FROM “ANONYMOUS” TO BE USED TO PURCHASE A TREE TO BE PLANTED ON THE GREENBELT, NEAR CITY HALL, IN MEMORY OF SUSAN ELLIS; AND, FOUR CONCRETE TABLES WITH BENCHES FROM MICHAEL KEEGAN TO BE USED IN THE CITY’S PARKS. Memorandum from Finance Director Viki Copeland dated May 17, 2005. Supplemental memorandum received May 24 from Director Copeland listing the value of the four concrete tables at $2,000.
  
  This item was removed from the consent calendar by Mayor Reviczky in order to acknowledge and thank the donors.
  
  Action :
  To accept the following donations to the City:
  - $4,000 from Sports Endeavors, Inc. to be used for the 2005-06 Sunset Concert Series;
  - $1,000 from “anonymous” to be used to purchase a tree to be planted on the Greenbelt, near City Hall, in memory of Susan Ellis; and
  - $2,000 value of four concrete tables with benches from Michael Keegan to be used in the City’s parks.
  Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.
8. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060847 FOR A TWO-UNIT CONDOMINIUM AT 619 TENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 17, 2005.
  
  Action : To approve the staff recommendation to adopt Resolution No. 05-6390, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060847 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 619 TENTH STREET, HERMOSA BEACH, CALIFORNIA.”
9. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated May 17, 2004.
  
  Action: To receive and file report of Customer Service Surveys/Complaints.
10. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 2005.
  
  Action : To receive and file the action minutes of the Planning Commission meeting of May 17, 2005.
11. RECOMMENDATION TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT WITH ADELPHIA IN THE AMOUNT OF $20,000 TO DESIGN AND PROVIDE A COST PROPOSAL TO UNDERGROUND THEIR FACILITIES IN THE BONNIE BRAE UTILITY UNDERGROUND DISTRICT (UUD) AND TO ADVANCE $20,000 FROM THE CONTINGENCY FUND TO THE BONNIE BRAE UUD TO PAY FOR UTILITY DESIGN SERVICES. Memorandum from Public Works Director Richard Morgan dated May 17, 2005.
  
  Action : To approve the staff recommendation to:
  (1) Authorize the Public Works Director to execute the Agreement with Adelphia in the amount of $20,000 to design and provide cost proposal to underground their facilities in the Bonnie Brae Utility Underground District (UUD); and
  (2) Advance $20,000 from the Contingency Fund to the Bonnie Brae UUD to pay for utility design services.
12. RECOMMENDATION TO ACKNOWLEDGE RECEIPT OF PETITION TO START THE BEACH DRIVE #2 UNDERGROUND UTILITY DISTRICT (UUD) FORMATION PROCESS IN THE AREA FROM 18TH STREET TO 21ST STREET AND HERMOSA AVENUE TO THE STRAND; AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON IN THE AMOUNT OF $30,000 TO DESIGN AND PROVIDE COST PROPOSAL TO UNDERGROUND THEIR FACILITIES IN THIS DISTRICT; AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT WITH VERIZON IN THE AMOUNT OF $35,520 TO DESIGN AND PROVIDE COST PROPOSAL TO UNDERGROUND THEIR FACILITIES IN THIS DISTRICT; AND, ADVANCE $65,520 FROM THE CONTINGENCY FUND TO THE BEACH DRIVE NO. 2 UUD TO PAY FOR UTILITY DESIGN SERVICES. Memorandum from Public Works Director Richard Morgan dated May 17, 2005
  
  At 7:30 p.m., Councilmember Edgerton left the dais and the room, recusing himself from hearing this item because he lives in the district.
  
  This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting concerning cost.
  
  City Manager Burrell responded to Council questions.
  
  Action: To approve staff recommendation to:
  (1) Acknowledge receipt of a petition to start the Beach Drive #2 Underground Utility District (UUD) formation process in the area from 18th Street to 21st Street and Hermosa Avenue to the Strand;
  (2) Authorize the Public Works Director to execute the Agreement with Southern California Edison in the amount of $30,000 to design and provide cost proposal to underground their facilities in this District;
  (3) Authorize the Public Works Director to execute the Agreement with Verizon in the amount of $35,520 to design and provide cost proposal to underground their facilities in this District; and
  (4) Advance $65,520 from the Contingency Fund to the Beach Drive No. 2 UUD to pay for utility design services.
  Motion Tucker, second Yoon. The motion carried, noting the absence of Councilmember Edgerton.
  
  At 7:32 p.m., Councilmember Edgerton returned to the room and the dais.
13. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2005 2006 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 05-6385; AND ADOPT A RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 THROUGH JUNE 30, 2006; AND SETTING JUNE 14, 2005, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated May 16, 2005.
  
  Action: To approve the staff recommendation to adopt Resolution No. 05-6391, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER’S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2005-2006.”
  
  Action: To approve the staff recommendation to adopt Resolution No. 05-6392, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2005-2006 FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO.”
CONSENT ORDINANCES
1. ORDINANCE NO. 05-1249 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO THE SALE OF FOOD AND BEVERAGES ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated May 17, 2005.
  
  Action : To waive full reading and adopt Ordinance No. 05-1249. Motion Yoon, second Tucker. The motion carried by the following vote:
  
  AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
  NOES: None
  ABSENT: None
  ABSTAIN: None
  
  At 9:24 p.m., the order of the agenda moved to item 7(a).
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 2(c), (g) and (l) 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 7:32 p.m., the order of the agenda moved to public hearing items 5 (a) and (b).
PUBLIC HEARINGS
1. APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, TWO-FAMILY RESIDENTIAL, TO ALLOW THE DEVELOPMENT OF UP TO TWO RESIDENTIAL UNITS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 722 1ST STREET. Letter from appellant dated May 17, 2005.
2. TEXT AMENDMENT TO PLUMBING CODE REQUIRING GREASE TRAPS FOR EXISTING FOOD SERVICE ESTABLISHMENTS. Memorandum from Community Development Director Sol Blumenfeld dated May 16, 2005. Supplemental information received on May 24, 2005, including a supplemental email with attachments, from Andrew P. Casana of the California Restaurant Association. Supplemental revised page for proposed Ordinance from Director Blumenfeld.
MUNICIPAL MATTERS
1. REVIEW OF NOISE ORDINANCE REGULATIONS IN CONNECTION WITH PIER PLAZA. Memorandum from Community Development Director Sol Blumenfeld dated May 19, 2005.
  
  City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins and Community Development Director Blumenfeld also responded to Council questions.
  
  Coming forward to address the Council on this issue were:
  
  Mike Santomiero – Sangria, said the Police and Fire Departments as well as some Community Development staff members have said their sound level is fine; spoke of the confusion of a City enforcement officer about music being allowed by his CUP on his interior patio, and asked if the issue could be clarified for those staff members who are confusing the interior patio with the outside encroachment area patio; said a rollup door must be raised during business hours, but a sound curtain helps even though it ruins the ambience;
  
  Chris Pike – Sangria, said he heard there might be an 80-foot parameter with the sound being measured at the outer edge; said it seemed an acceptable sound level would be one that people could talk over; reiterated the problem with City staff bringing written complaints when the sound level seemed not to be a problem; emphasized that the dancing took place in the back of the restaurant on an interior patio and that their clientele was not the DJ and dancing weekend crowd;
  
  Ron Newman – Aloha Sharkeez, said he had no problem keeping doors and windows closed but assumed that during the day when there were no door hosts and no DJ that the doors and windows could remain open;
  
  Gary Vincent – Fat Face Fenner’s Fishack, said most businesses on the promenade were in compliance with the UBC regarding windows and it was the decision of the owners whether to keep them open during entertainment; noting that he does support special events on the Plaza he said a recent Little League fundraising event had a band which measured 102-105 dB after 10:00 p.m., compared to the collective sound level of 90 dB or less for midnight readings he had taken on the Plaza over the last couple of months; thought an 80-foot boundary might work and could be considered a “reasonable man level” since the City did not wish to set a dB limit; said the Plaza businesses want to comply and benefit the community to maintain the atmosphere that makes Hermosa Beach special;
  
  Pat Egerer – Hermosa Beach, said when she goes to a restaurant in the downtown pier area, she goes there to experience that restaurant’s ambience and does not want to be distracted by noise from another establishments; and
  
  Kevin Barry – Sangria, said they try to cultivate a crowd that will enjoy a nice dinner on the promenade and had received a notice of violation for a piano player during the dinner hour; expressed concern about an 80-foot boundary because someone could wait until a door opened and then complain about music which might come out; said if people can have a conversation in the middle of the promenade on a Saturday night, there is not a problem; said that they realize there are homes nearby and that they are careful.
  
  Action: To direct staff to prepare an ordinance for Council consideration that amends the Municipal Code to require that businesses on Pier Plaza keep all exterior windows and doors closed when amplified music is being played.
  
  Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
  
  Further Action: To direct staff to include in the draft ordinance the addition of subsection J of Municipal Code Section 8.24.040 to impose an 80-foot limit for amplified music as a reasonable person noise standard on the Plaza.
  
  Motion Edgerton, second Tucker. The motion carried, noting the dissenting votes of Yoon and Mayor Reviczky.
  
  The meeting recessed at 9:01 p.m.
  
  The meeting reconvened at 9:23 p.m., with consent ordinance item 3(a).
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
1. LETTERS OF SUPPORT FOR THE GOVERNOR’S PROPOSAL TO FULL FUND PROP 42 (TRANSPORTATION). Memorandum from City Manager Stephen Burrell dated May 18, 2005.
  
  City Manager Burrell presented the staff report and responded to Council questions.
  
  Action: To approve the staff recommendation to authorize the Mayor to forward letters to Senator Bowen and Assembly Member Gordon requesting that they join with the Governor and support the full funding of Proposition 42 which is for transportation purposes.
  
  Motion Yoon, second Keegan. The motion carried by a unanimous vote.
2. PROPOSED WIFI SYSTEM ADVISORY MEASURES FOR THE NOVEMBER 2005 BALLOT. Memorandum from City Manager Stephen Burrell dated May 19, 2005. Supplemental letter dated April 22, 2005, was received from the L.A. County Registrar-Record/County Clerk. Supplemental mail from Councilmember Keegan received on May 24, 2005.
  
  City Manager Burrell presented the staff report and responded to Council questions.
  
  At 9:26 p.m., Councilman Yoon recused himself and left the dais and the room due to a potential conflict of interest since his employment involves Internet access.
  
  City Manager Burrell presented the staff report and responded to Council questions.
  
  Coming forward to addressing the Council on this issue were:
  
  Donald Hales – Hermosa Beach, said Adelphia had corporate problems and Verizon was installing fiber optics in the South Bay area for Internet access and Cable TV, and the City had the option to provide some of these things as well; said voters should be allowed to make a choice;
  
  Joe Terry – Hermosa Beach, said he had always been a WiFi proponent and that All City Computers was able to help Donald Hales, one of the first to want immediate access when it was first launched in August 2004, to gain access to reliable wireless Internet with the proper equipment even though he does not live in the Phase 1 area, spoke of other applications of wireless technology, such as security cameras; agreed it would be best to have the investment recouped and encouraged the City to seek outside funding; said he saw the ballot measure as a means for the Council to gauge the importance of the investment already made and the possible future of the system; and
  
  James Scott – Hermosa Beach, said there would always be newer and better technology, like WiMax, but something in hand, if it makes economic sense, would be welcome; said people voted their pocketbooks and he would like to save money by getting Internet access at a reduced rate and would be willing to pay up to $500 per year.
  
  Proposed Action: To direct staff to place on the November 2005 ballot the following two questions: “Should the city provide free wireless Internet services City wide?” and “Should the city make wireless Internet service available throughout the City for a cost of $100 per year for each user?” as advisory measures.
  
  Motion Mayor Reviczky, second Keegan. The motion failed, due to the dissenting votes of Tucker and Edgerton, and noting the absence of Yoon.
  
  Proposed Action: To direct staff to place on the November 2005 ballot the question “Should the city make wireless Internet service available throughout the City for a cost of $100 per year for each user?” as an advisory measure.
  
  Motion Mayor Reviczky, second Keegan. The motion failed, due to the dissenting votes of Tucker and Edgerton, and noting the absence of Yoon.
  
  Proposed Action: To direct staff to place on the November 2005 ballot the question “Should the City install free wireless access at taxpayer expense?” as an advisory measure.
  
  Motion Keegan, second Mayor Reviczky. The motion failed, due to the dissenting votes of Tucker and Edgerton, and noting the absence of Yoon.
  
  City Manager Burrell said that he would pursue the email from a party who says he can provide wireless Internet access to the City at no cost to the City.
  
  Mayor Reviczky requested staff to agendize for the next meeting an alternative to the ballot measure concerning the beach and the greenbelt.
  
  At 9:53 p.m., Councilman Yoon returned to the dais.
3. CENTENNIAL CELEBRATION COMMITTEE. Memorandum from City Manager Stephen Burrell dated May 18, 2005.
  
  City Manager Burrell presented the staff report and responded to Council questions.
  
  Action: To receive and file the report.
  Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

VACANCIES - BOARDS AND COMMISSIONS PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION - TERM EXPIRATIONS. Memorandum from City Clerk Elaine Doerfling dated May 5, 2005.

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

Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 2005. Motion Yoon, second Tucker. The motion carried by a unanimous vote.

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

APPROVAL OF THE FOLLOWING MINUTES: :
1. Closed Session meeting held on March 8, 2005;
2. Closed Session meeting held on March 22, 2005; and,
3. Closed Session meeting held on April 12, 2005.

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957

Title: CITY MANAGER

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 24, 2005, at the hour of 10:16 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, May 24, 2005, at the hour of 10:45 p.m. At the hour of 11:05 p.m., the Closed Session adjourned to the Regular Meeti

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, May 24, 2005, at the hour of 11:06 p.m. to an Adjourned Regular Meeting on Wednesday, June 1, 2005, at the hour of 7:00 p.m. for the purpose of conducting a Budget workshop.

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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

PLEDGE OF ALLEGIANCE

ROLL CALL

ANNOUNCEMENTS

PRESENTATION

ORAL AND WRITTEN COMMUNICATIONS

CONSENT CALENDAR:

CONSENT ORDINANCES

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

PUBLIC HEARINGS

MUNICIPAL MATTERS

MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER