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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, August 9, 2005, at the hour of 7:14 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Keegan
ROLL CALL
Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
Absent: None
ANNOUNCEMENTS
Councilmember Edgerton reported that the Johnny Rivers concert on the beach was attended by about 7,000 people who had a great time at the best Sunset Concert ever. Mayor Reviczky concurred, saying the singer was as good now as he was 35 years ago.
Councilmember Keegan said that on August 26-27 the Hermosa Beach Playhouse was hosting the Hermosa Shorts Film Festival, sponsored by the Hermosa Beach Arts Foundation and put on by residents from Hermosa Beach and neighboring cities. He added that opening night would include a 90-minute documentary, “West Coast Jazz – The Lighthouse,” featuring footage from the 1950’s and 1960’s and illustrating Hermosa Beach’s influence on jazz.
CERTIFICATE OF COMMENDATION
GEOFFREY LITTLE
Mayor Reviczky presented a Certificate of Commendation to 12-year old Geoffrey Little, who found a wallet at LAX containing $19,900 and turned it in to the Hermosa Beach Police Department, with the money returned to its grateful owner. Mayor Reviczky congratulated Geoffrey and his parents on their integrity. Hermosa Beach Police Captain Tom Eckert expressed his admiration and presented Geoffrey with a Hermosa Beach Police Department hat, badge and T-shirts.
CLOSED SESSION REPORT FOR MEETING OF JULY 26, 2005: No reportable actions.
There were no written communications.
Coming forward to address the Council at this time were:
Keala Smith – Hermosa Beach, reminded everyone about the Beach Cities Summer Spectacular on August 26-28 at the Aviation High Track in Redondo Beach; said newly added to the planned festivities was the Disney Street Team, performing to celebrate the 50th Anniversary of Disneyland; said 10% of the profits would be donated to the Hermosa Beach Education Foundation and that details could be obtained at www.beachcitiessummerspectacular.com or by calling (310) 469-3919; presented Geoffrey Little with a funpack for midway rides; and
Laura Raymond – Hermosa Beach Friends of the Park, presented Council members with popcorn, candy and sunglasses and invited the community to attended a showing of “Shark Tale” at the Movie in the Park event taking place Saturday, August 27, at Valley Park, with activities, food and entertainment beginning at 5:00 p.m. and the movie about 8:00 p.m.; said the event was free but with a suggested donation of $5 for each person over age three; thanked the sponsors and the City for their support
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (f), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Tucker.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR MEETING AND THE REGULAR MEETING OF JULY 12, 2005, AND THE REGULAR MEETING OF JULY 26, 2005.
Action: To approve as presented the City Council minutes of the Adjourned Regular Meeting and Regular Meeting of July 12, 2005, and the Regular Meeting of July 26, 2005.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41006 THROUGH 41163 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 40609 AND 40979, 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.
To receive and file Tentative Future Agenda Items as presented.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 20, 2005.
To receive and file the action minutes of the Public Works Commission meeting of July 20, 2005.
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RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO AAE, INC. FOR PROVIDING CITY TRAFFIC ENGINEERING SERVICES ON A COST-PLUS BASIS NOT TO EXCEED $20,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH AAE, INC. FOR SERVICES IN THE FY 2006-07. Memorandum from Public Works Director Richard Morgan dated August 1, 2005.
Action:
To approve the staff recommendation to:
Award a Professional Services Agreement to AAE, Inc. for providing City Traffic Engineering Services on a cost-plus basis not to exceed $20,000;
(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) Authorize staff to negotiate an agreement with AAE, Inc. for services in the FY 2006-07.
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RECOMMENDATION TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND DAVID MOMENI, PHD, FOR A FEE NOT TO EXCEED $10,400; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES TO THE PROFESSIONAL SERVICES AGREEMENT AS NECESSARY WITHIN A CONTINGENCY OF $1,000; AUTHORIZE THE REAPPROPRIATION OF $99,885 FROM FY 04-05 FOR PROJECT NO. CIP 04-113 (ACCOUNT NUMBER 301-8113-4201); AND, AUTHORIZE THE REAPPROPRIATION AND TRANSFER OF $10,475 TO THIS PROJECT FROM PROJECT NO. CIP 04-115 20th ST. STREET IMPROVEMENTS (ACCOUNT NUMBER 301-8115-4201). Memorandum from Public Works Director Richard Morgan dated July 28, 2005
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action : To approve the staff recommendation to:
Approve the Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $10,400; authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney;
(2) Authorize the Director of Public Works to make minor changes to the professional services agreement as necessary within a contingency of $1,000;
(3) Authorize the reappropriation of $99,885 from FY 04-05 for Project No. CIP 04-113 (account number 301-8113-4201); and,
(4) Authorize the reappropriation and transfer of $10,475 to this project from Project No. CIP 04-115 20th St. Street Improvements (account number 301-8115-4201);
with the understanding that the consultant would not be used again if his inspection services are not satisfactory with this project.
Motion Tucker, 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).
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CONSENT ORDINANCES
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ORDINANCE NO. 05-1252 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS.” Memorandum from City Clerk Elaine Doerfling dated July 27, 2005.
Action : To waive full reading and adopt Ordinance No. 05-1252.
Motion Keegan, second Tucker. The motion carried by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
At 10:30 p.m., the order of the agenda went to 8(a)
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(f) 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 10:29 p.m., the order of the agenda went to item 3(a).
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PUBLIC HEARINGS
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CONSIDER WHETHER TO CHANGE THE DESIGNATION OF THE PROPERTY AT 19 SECOND STREET TO R-3, SUBJECT TO A DEED RESTRICTION THAT WOULD LIMIT DEVELOPMENT ON THE PROPERTY TO ONE SINGLE-FAMILY RESIDENCE. (CONTINUED FROM THE JULY 12 CITY COUNCIL PUBLIC HEARING ON THE APPEAL OF PLANNING COMMISSION DECISION TO DENY THE GENERAL PLAN AMENDMENT AND ZONE CHANGE AND APPROVE THE CONDOMINIUM PROJECT SUBJECT TO CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE AT 19 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated August 2, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
The public hearing opened at 7:45 p.m. Coming forward to address the Council on this item was:
Steve Kaplan – representing the property owners, said re-zoning this property to R-3 would be consistent with the surrounding lots; said an R-3 zone would allow two units but that motion was denied at the last meeting; asked that the Council reconsider allowing two condos, which would be a better use than one large single family residence, but that they would accept the deed restriction for one single-family residence; said it was unlikely that this property would come under joint ownership with the adjacent lots for an integrated large development.
The public hearing closed at 7:49 p.m.
Proposed Action: To re-zone the property to R-3 with a deed restriction for a single-family home developed to R-1 standards.
Motion Yoon. The motion died for lack of a second.
Proposed Action: To re-zone the property to R-3 with a deed restriction to limit development to a single-family residence developed to R-3 standards but with ground open space of 150 square feet.
Motion Edgerton, second Tucker. The motion failed, noting the dissenting votes of Keegan, Yoon, and Mayor Reviczky.
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CONSIDERATION OF NEW AND UPDATED CITY USER FEES, ADOPTION OF SCHEDULE FOR SEWER CONNECTION FEE, NEW ADMINISTRATIVE FEE FOR FAILURE TO DISPLAY PLACARD. Memorandum from Finance Director Viki Copeland dated July 15, 2005.
Finance Director Viki Copeland 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 8:15 p.m. Coming forward to address the Council on this item were:
Manfred Endres – Maximus Senior Vice President, responded to Council questions, stating that it is difficult to compare fees charged by jurisdictions because employees’ wages and the processes used are different from city to city; and
Nicole Kissam – Maximus Consultant, responded to Council questions, stating that the CPI does not normally keep up with labor costs.
The public hearing closed at 8:36 p.m.
Action: To approve the staff recommendation to:
(1) Adopt Resolution No. 05-6415 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) TO ADD NEW FEES AND UPDATE EXISTING FEES TO RECOVER COSTS OF PROVIDING THE SERVICE,” updating only the Police Department fees and the Fire Department’s ambulance transport fee, and adding the City’s existing Sewer Connection Fee to the master fee resolution and adopting the Los Angeles County Sanitation District schedule as the basis for the City’s fee; and
(2) Adopt Resolution No. 05-6416 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS TO INCLUDE A $15 FINE FOR CALIFORNIA VEHICLE CODE SECTION 40226”;
with direction to staff to bring back all of the other proposed fee changes for Council review and consideration at the meeting of September 13, 2005.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Further Action : Council consensus was to establish a subcommittee of Councilmember Edgerton and Mayor Reviczky to study the entire fee report before the item is heard again on September 13.
The meeting recessed at 8:57 p.m.
The meeting reconvened at 9:17 p.m., with item 6(a).
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MUNICIPAL MATTERS
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REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS – H.B.M.C. SECTION 12.16.090 – 12.15.100 AND OUTDOOR DINING AND RETAIL SALES/DISPLAY REGULATIONS – PIER PLAZA AND LORETO PLAZA. Memorandum from City Manager Stephen Burrell dated August 4, 2005.
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this issue were:
Leland Van Ander – Hermosa Beach merchant, said that he had received an enforcement letter to take his merchandise off the sidewalk; felt the businesses not on Pier Plaza were being ignored, even though they were the majority; said smaller stores had no identity unless they had racks on the sidewalk; said not all stores would want merchandise on their sidewalk, and some sidewalks are wider than others; said he was willing to get a permit and insurance; pointed out that the City could revoke the permit if there was not compliance;
Bill Robb – Treasure Chest, Hermosa Beach, said pedestrians are near the merchandise when a sidewalk is right outside the store, but on the Plaza, because the restaurants are pushed out, his store is far from where the potential customers are walking if he does not have his merchandise out as far as the restaurants; said he cleans and sweeps every day, replaces umbrellas, and cleans his awnings because he wants his place to look nice; said he had been there eight years with no problems; said the City can charge him if the Council feels the outdoor display enlarges his square footage, said he pays $70,000 to be on the Plaza and other businesses can move there if they want;
David Grimm – Shirt Tales, Hermosa Beach, said his is the oldest T-shirt shop in the City and had been there for 30 years with no problems, encouraged the Council to approve staff’s recommendation; said if he did not use the space out front, people would not notice his shop;
John McCormick – Aardvark, Hermosa Beach, said he was told about the enforcement letter received by Mr. Van Ander and that he did the same thing at Aardvark, which has been there for 33 years; said it was effective to put merchandise outside and urged the Council to allow the placement of merchandise outside retail stores; and
Sandy Rohrbach – High Five Boutique, Hermosa Beach, urged the Council to allow outdoor display for retail; agreed with the other merchants that outdoor displays are effective; said she felt it was more of an enticement to come into the store rather than a case of extending square footage; said that Hermosa Beach is a beautiful city and she did not want to see it cluttered.
Action : To approve the staff recommendation to adopt Resolution No. 05-6417, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA,” approving the Outdoor Dining Guidelines with the following changes:
(1) Add new sentence at the end of existing item B, under Section IV. Design Standards, to read as follows: “No signs or banners of any kind shall be placed, displayed or erected on barriers.”;
(2) Amend the last sentence of item L, under Section V. Standards of Operation, to read as follows: “City Council may extend or reduce these hours.”; and
(3) Amend the first sentence of item A, under Section VI.I. Enforcement, to read as follows: “Notice of violation of the outdoor dining design standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector, Building Inspector, Police Department Official, or Fire Department Official of the City.
Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote.
Further Action: To approve staff recommendation to adopt Resolution No. 05-6418, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA,” approving the Retail Sales/Display Guidelines with the following changes:
(1) Delete items A, B, C, and D under Section IV. Design Standards;
(2) Amend item I, under Section V. Standards of Operation, to read as follows: “The allowable hours of operation within the outdoor encroachment area shall be the same as the hours of operation of the retail store. City Council may extend or reduce these hours.”; and
(3) Amend the first sentence of item A, under Section VI.I. Enforcement, to read as follows: “Notice of violation of the outdoor retail sales/display standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector, Building Inspector, Police Department Official, or Fire Department Official of the City.”;
with the understanding that, since the current Zoning Code prohibits the outdoor display of merchandise, these guidelines could not and would not take effect until a Zoning Code amendment has been processed through the Planning Commission and returns to the City Council for final approval and the adoption of the implementing ordinance.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
Further Action : To direct staff to prepare, for Council review and consideration at a future meeting, a report on proposed Retail Sales/Display Guidelines for merchants in areas of the City other than Pier Plaza.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
Further Action: To direct staff to prepare, for Council review and consideration at a future meeting, a report on proposed Outdoor Dining Guidelines for restaurants in areas of the City other than Pier Plaza.
Motion Mayor Reviczky second Keegan. The motion carried, noting the dissenting vote of Edgerton.
At 10:26 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion.
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PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN TREYSPAN, INC. AND THE CITY OF HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated August 1, 2005.
Councilman Yoon recused himself and left the dais and the room at 10:31 p.m. 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.
Action : To approve a non-exclusive franchise agreement with Treyspan Inc. to build and operate a wireless broadband service in the City.
Motion Edgerton, second Tucker. The motion carried, noting the absence of Councilman Yoon.
At 10:32 p.m., Councilman Yoon returned to the dais.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated August 3, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Action :To designate Mayor Pro Tempore Tucker as voting delegate and Councilmember Edgerton as alternative for the League of California Cities Annual Conference.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
At 10:31 p.m., the order of the agenda moved to item 6(b).
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OTHER MATTERS - CITY COUNCIL
None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on July 26, 2005.
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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
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PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: CITY MANAGER
ADJOURN TO CLOSED SESSION
he Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 9, 2005, at the hour of 10:32 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, August 9, 2005, at the hour of 10:42 p.m. At the hour of 10:55 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, August 9, 2005, at the hour of 10:56 p.m. to the Regular Meeting of September 13, 2005, at 7:10 p.m.
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