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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, October 25, 2005, at the hour of 7:14 p.m.
PLEDGE OF ALLEGIANCE
Steve Crecy
ROLL CALL
Present: Keegan, Tucker, Yoon, Mayor Reviczky
Absent: Edgerton
ANNOUNCEMENTS
Mayor Pro Tempore Tucker thanked everyone who participated in the Beach Cities Hurricane Relief Drive on October 22; said there was a good turnout with many donated items to be sent to the affected areas with the coordination of the Salvation Army. He then congratulated hometown son Morgan Ensberg, third-baseman for the Houston Astros, now playing in the World Series; said he coached Morgan in Hermosa Beach Little League and that Morgan still thinks of Hermosa as home.
Councilman Yoon reminded everyone that November 8 is election day, not only for the City Council and Measure E but also for the School Board and other local and state issues, and announced a candidate forum sponsored by Leadership Hermosa to take place in the City Hall Council Chambers Thursday, October 27 at 6:30 p.m. He then announced the PTO carnival at Hermosa Valley School on Friday, October 28, from 4:30 to 8:30 p.m.
Mayor Reviczky reported that the official re-opening of Fort Lots O’ Fun and the Pumpkins in the Park events took place Saturday, October 22, and a good time was had by all. He thanked Community Resources, Public Works and Friends of the Parks for their hard work in the park renovation and said Friends of the Parks is continuing to raise funds for more park improvements. He read a letter from Commander Timothy Spratto from the USS Ford, which recently made a port call to Hermosa Beach, expressing his appreciation for the warm welcome from the community. He showed an award presented from the Beach Cities Health District to the City for its continued support of the District over the last 50 years.
CLOSED SESSION REPORT FOR MEETING OF OCTOBER 11, 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 was:
Steve Crecy – representing the Hermosa Beach Veterans’ Memorial Committee, announced the 11th annual Veterans Day candlelight ceremony on Friday, November 11, at 6:30 p.m. at the Veterans’ Memorial on the grounds of the Community Center at the corner of Pier Avenue and Pacific Coast Highway, noting that the keynote speaker would be Assemblyman Ted Lieu.
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CONSENT CALENDAR:
Action:To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(a) Tucker, (e) Mayor Reviczky, (h) Tucker, and (k) Keegan.
Motion Yoon, second Tucker. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 11, 2005.
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.
Mayor Pro Tempore Tucker asked that the vote on the motion to receive and file the written communication from Roger Creighton reflect his objection. Mayor Reviczky added that he would like the same.
City Clerk Doerfling said prior to the motion in question comments by both Mayor Pro Tempore Tucker and Mayor Reviczky indicated their desire to refer the letter to the City Attorney for analysis and comment, but the meeting tape clearly shows three “yes” votes (Keegan, Yoon and Edgerton) and no dissenting votes on the motion to receive and file the letter. She requested that Council members be sure to verbally cast their votes.
Action To approve the minutes of the Regular Meeting of October 11, 2005, amended as requested above to reflect two dissenting votes.
Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41892 THROUGH 42011 INCLUSIVE ALONG WITH ELECTRONIC PAYMENT VOUCHERS TO SOUTHERN CALIFORNIA GAS COMPANY AND TO APPROVE THE CANCELLATION OF CHECK NOS. 41835, 41844, 41851 AND 41864, AS RECOMMENDED BY THE CITY TREASURER.
ActionTo ratify the check register as presented. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. 
ActionTo receive and file Tentative Future Agenda Items as presented. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2005 FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action To receive and file the September 2005 financial reports. (Edgerton absent)
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RECOMMENDATION TO ACCEPT THE DONATION OF $75 FROM BARTEL ASSOCIATES TO BE USED FOR VETERANS’ MEMORIAL MAINTENANCE. Memorandum from Finance Director Viki Copeland dated October 11, 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 donors.
ActionTo accept the donation of $75 from Bartel Associates to be used for the Veterans’ Memorial maintenance.
Motion Mayor Reviczky, second Tucker. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 18, 2005.
Action To receive and file notice of closed claims. (Edgerton absent)
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RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 18, 2005.
Claimant: Lipkin Gardner, Elaine
Date of Loss: 06-06-05
Date Filed: 10-17-05
Allegation: Trip & Fall
Claimant: Moriarty, Myhanh
Date of Loss: 08-01-05
Date Filed: 10-04-05
Allegation: Failure to pay claim
Claimant: Gooch, Sonja and Adam
Date of Loss: 04-27-05
Date Filed: 10-13-05
Allegation: Property damage
ActionTo deny the claims and refer them to the City’s Liability Claims Administrator. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 18, 2005.
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.
Action To review and reconsider the Planning Commission’s denial of a Zone Change at 1255 Prospect Avenue (item 8), with direction to staff to schedule a public hearing on November 22 or December 13.
Motion Tucker, second Keegan.
Further Action To receive and file the remaining action minutes of the Planning Commission meeting of October 18, 2005.
Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated October 19, 2005.
Action To receive and file the Status Report of capital improvement projects that are either under design or construction as of September 30, 2005. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 4, 2005.
Action To receive and file the Status Report of capital improvement projects that are either under design or construction as of September 30, 2005. (Edgerton absent)
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RECOMMENDATION TO APPROVE A $7,000 ALLOCATION OF CENTENNIAL CELEBRATION FUNDS TOWARD WEBSITE DEVELOPMENT AND SPONSORSHIP PACKETS, WITH THE UNDERSTANDING THAT THE CENTENNIAL CELEBRATION COMMITTEE WILL CONTINUE TO SEEK MONETARY SPONSORS. Memorandum from Community Resources Director Lisa Lynn dated October 18, 2005.
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
Action To continue the item to the meeting of November 8, with direction to staff to provide for Council review a detailed budget itemizing the expenses.
Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.
CONSENT ORDINANCES
None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(e), (h), and (k) 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.
PUBLIC HEARINGS
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ORDER VACATION AND ABANDONMENT FOR PUBLIC PURPOSES 1.13 FEET OF LOMA DRIVE AND THE 1.70 FEET OF THE SOUTH SIDE OF EIGHTH STREET ALONG THE FRONTAGE OF THE PROPERTY LOCATED AT 760 LOMA DRIVE, AS SHOWN ON TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 20, PAGE 184, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER. NOTICE IS FURTHER GIVEN THAT THESE PROCEEDINGS ARE TAKEN UNDER PROVISION OF SECTION 8300 TO 8324, INCLUSIVE, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AS AMENDED. Memorandum from Public Works Director Richard Morgan dated October 18, 2005. Supplemental information (07-14-98 City Council minutes) received October 25, 2005.
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.
The public hearing opened at 7:52 p.m. Coming forward to address the Council on this item were:
Mark Hanna – owner of the subject property, described the process leading up to approval, noting that several months into the project they were informed that they could not proceed; said when he and his wife purchased the house, they considered the options of tearing it down and rebuilding or trying to maintain the character of the neighborhood, noting that they and the neighbors preferred the second concept; said they made a serious financial commitment based on information given by the City; asked for the Council’s consideration in allowing them to go forward with their project, noting that all new improvements would meet current requirements;
Jim Schroeder – said he lived across the street and supported the construction of this home;
Susan Lewis – said she lived next door and that the owners should not be punished and should be allowed to build their home because there were a lot of irregularities in Hermosa Beach;
Dave Rodriguez – said he was a neighbor and saw no reason this project should not go forward; said it was not fair to burden an individual because he was given incorrect information; and
Sheri Mason – said she had lived next door for 15 years and that it appeared that someone in Planning had dropped the ball but did not think these property owners should be punished.
The public hearing closed at 7:58 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6429, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES 1.13 FEET OF THE EAST SIDE OF LOMA DRIVE AND 1.70 FEET OF THE SOUTH SIDE OF EIGHTH STREET ALONG THE FRONTAGE OF THE PROPERTY LOCATED AT 760 LOMA DRIVE.”
Motion Yoon, second Keegan. The motion carried, noting the dissenting vote of Mayor Pro Tempore Tucker and the absence of Edgerton.
A clarification was requested by Mayor Reviczky, who said that the house encroached into the Loma public right-of-way by only 2.5 inches but the resolution says that the vacation on Loma is 1.13 feet. Public Works Director Morgan indicated that this figure included the wall that also encroached into the public right-of-way, but said the wall could be handled by an encroachment permit.
Council consensus was to amend the resolution to replace the 1.13 feet with 2.5 inches, therefore the action was changed to the following:
Amended Action: To adopt Resolution No. 05-6429, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES 2.5 INCHES OF THE EAST SIDE OF LOMA DRIVE AND 1.70 FEET OF THE SOUTH SIDE OF EIGHTH STREET ALONG THE FRONTAGE OF THE PROPERTY LOCATED AT 760 LOMA DRIVE,” with an encroachment permit to accommodate the wall.
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REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION APPROVAL OF A VARIANCE TO ALLOW THE CONSTRUCTION OF AN 1,828 SQUARE-FOOT NEW SINGLE FAMILY DWELLING ON A HALF-LOT WITH A 5-FOOT GARAGE SETBACK FROM THE STREET RATHER THAN 17 FEET; WITH NO GUEST PARKING; A 3-FOOT REAR SETBACK RATHER THAN 5 FEET; AND GREATER THAN 100 SQUARE FEET OF REQUIRED OPEN SPACE ON THE ROOF DECK AT 249 26TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 2005. Supplemental letter received from Ron Felsing on October 20, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:30 p.m. Coming forward to address the Council on this item were:
John Nesbitt – Hermosa Beach, said his main concern was not parking but the square footage of the top deck and the hot tub placed near the edge of the deck;
Jim Fasola – project architect, addressed parking and setback issues; spoke of the need for storage space for bicycles; said they were asking for a reduced rear yard setback on the first floor only;
Carleen Beste – property owner, said they liked the community and wanted to raise their two children in the neighborhood but their 70-year old house needed to be redeveloped; addressed setback and privacy issues, stating that the only windows on the back of their house would be high windows in their children’s’ rooms for lighting purposes;
Alan Carter – said he lived directly behind the subject property and was concerned about setting precedents; said his main concerns were open space issues, motor noise from the spa on the upper deck that would be heard in his bedroom and living room, and views from that deck into those same rooms in his house; felt it was unreasonable to ask for a variance for new construction;
Rob Beste – property owner, discussed the rear yard setbacks and said that their plan actually provided more open space than some larger homes in the area; said they were not actually adding a lot of square footage and needed the garage for storage of their children’s’ items; and
Ken Bergeron – Hermosa Beach, said he originally had a view of Malibu but lost his view when his neighbors built a new house, but said it was a beautiful house with a family who wanted to invest in Hermosa Beach so he did not mind; said that he supported this concept as well.
The public hearing closed at 8:45 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6430, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE VARIANCES TO THE GUEST PARKING, PARKING SETBACK, REAR YARD, AND OPEN SPACE REQUIREMENTS AT 249 26TH STREET, LEGALLY DESCRIBED AS THE SE 45 FEET OF LOT 15, BLOCK 112, SHAKESPEARE TRACT.”
Motion Yoon, second Keegan. The motion carried, noting the dissenting vote of Tucker and the absence of Edgerton.
The meeting recessed at 8:58 p.m.
The meeting reconvened at 9:21 p.m., with item 5(c).
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APPROPRIATION FOR GREASE TRAP AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTOR (ONE YEAR) AND AMENDMENT TO FEE RESOLUTION FOR RELATED INSPECTIONS AND PERMITS. Memorandum from Community Development Director Sol Blumenfeld dated October 10, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
The public hearing opened at 9:37 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:37 p.m.
Action To approve the staff recommendation to adopt Resolution No. 05-6431,entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) TO ADD FEES RELATING TO PERMITTING AND INSPECTION OF GREASE CONTROL DEVICES AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE.”
Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton.
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TEXT AMENDMENT REGARDING NONCONFORMING BUILDINGS AND USES. (Continued from meeting of October 11, 2005) Memorandum from Community Development Director Sol Blumenfeld dated October 18, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 9:37 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:37 p.m.
Mayor Pro Tempore Tucker and Mayor Reviczky said the enlargement of windows and doors was considered structural and should be deleted from the draft ordinance since it did not pertain to routine maintenance and repairs.
Action To continue this hearing to the November 22 meeting when there is a full Council to consider the matter.
Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton and the abstention of Yoon, because he will no longer be a member of the Council on November 22.
At 9:48 p.m., the order of the agenda went to item 6(b)
MUNICIPAL MATTERS
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COMMERCIAL EVENT APPLICATION: AVP HERMOSA BEACH OPEN-MULTI YEAR CONTRACT PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated October 18, 2005. Supplemental email from Community Resources Director Lisa Lynn dated October 24, 2005.
Community Resources Director Lynn presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Coming forward to address the Council on this item at this time were:
Dave Williams – AVP representative, described how the current business environment was changing, with the loss of sponsorships being replaced by promoters; said the three largest AVP events were Manhattan Beach, Hermosa Beach, and Huntington Beach, in that order; said that because of Coastal Commission issues with ticketing, the events lose money; said he was asking the City Council to consider his request for a kind of co-sponsorship for the next three years to provide a tremendous value to the community; and
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce, said the AVP promoted tourism by bringing valuable national exposure to the city as well as increased TOT and sales tax.
Action: To approve a multi-year agreement with the AVP with the following conditions:
Grant a $17,000 per year reduction in total fees for the three-year contract by eliminating the special event and film permit fees or whatever combination of fees staff determines to be appropriate;
(2) Renegotiate the agreement if and when the Coastal Commission allows the AVP to increase the number of tickets sold;
(3) Cover transportation costs of the AVP event with Proposition A funds;
(4) Direct staff to investigate alternative sources of funding or sponsorships; and
(5) Direct staff to pursue a sponsorship with Consolidated Disposal’s furnishing dumpsters for disposal of trash during the event.
Motion Yoon, second Keegan. The motion carried, noting the absence of Edgerton.
At 10:52, the order of the agenda went to item 6(c).
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ENVELOPE OF LIFE – EMERGENCY MEDICAL INFORMATION. Memorandum from City Manager Stephen Burrell dated October 20, 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 item at this time was:
Betty Ryan – Hermosa Beach, in response to a Council question, said the forms would include a statement that the sponsors of the program did not assume any liability for accuracy of information listed on the form.
Action : To endorse the effort and ask that the Beach Cities Health District take it on as a district-wide project/service for all district residents.
Motion Yoon, second Tucker. The motion carried, noting the absence of Edgerton.
At 9:52 p.m., the order of the agenda went to item 6(a).
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PARKING ENFORCEMENT REPORT ON GRADUATED FINES FOR PARKING ON SIDEWALKS. Memorandum from Police Captain Thomas Eckert and Michael Lavin dated October 18, 2005.
Police Chief Lavin presented the staff report and responded to Council questions, stating that the staff report indicated that there had been 525 violations to date in 2005 but that number actually applied to 2004.
Action: To approve the following graduated fees:
(1) Commencing with the first citation through the fourth will remain at $30;
(2) Commencing with the fifth citation, the fine will be $60; and
(3) Commencing with the sixth citation, the fine will be $90.
Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.
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CONSIDERATION OF A PROPOSAL FROM BEACH CITIES TRANSIT (REDONDO BEACH) TO PARTICIPATE IN FUNDING THE OPERATION OF A REPLACEMENT FOR THE ROUTE 439 BUS LINE FOR TWO YEARS IN CONJUNCTION WITH THE CITIES OF EL SEGUNDO AND MANHATTAN BEACH. Memorandum from City Manager Stephen Burrell dated October 17, 2005. Supplemental memorandum from City Manager Stephen Burrell dated October 25, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item at this time was:
Teresa Price – Redondo Beach Transit Manager, discussed the funding needed for the next two years until MTS would assist in the cost, stating that the cost would decrease as rider ship was proven and the program was developed.
Action : To approve the staff recommendation to authorize participation in the Route 439 Bus Line for two years as set forth in the staff report and direct the City Manager to enter into the cooperative agreement with Beach Cities Transit; and to approve the use of Proposition A funds.
Motion Keegan, second Tucker. The motion carried, noting the absence of
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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CALL FOR NOMINATIONS TO THE SANTA MONICA BAY RESTORATION COMMISSION GOVERNING BOARD.
City Manager Burrell presented the staff report and responded to Council questions.
Action : To nominate Redondo Beach Mayor Mike Gin to the Santa Monica Bay Restoration Commission Governing Board.
Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton.
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None
OTHER MATTERS - CITY COUNCIL
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Request from Councilmember Keegan to direct staff to write a letter to CalTrans requesting to extend the hours of enforcement of the Pacific Coast Highway commuter lane from 9:00am to 9:30am, Monday through Friday from Aviation Blvd. to Artesia Blvd.
Action: To agendize a discussion of this topic for an upcoming Council meeting.
Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton.
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 October 11, 2005;
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CONFERENCE WITH LEGAL COUNSEL- Existing Litigation
Government Code Section 54956.9(a)
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: Roberts, et al v. City of Hermosa Beach
Case Number: 04-CV-03076
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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
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 25, 2005, at the hour of 11:14 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, October 25, 2005, at the hour of 11:15 p.m. At the hour of 11:35 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, October 25, 2005, at the hour of 11:36 p.m. to the Regular Meeting of November 8, 2005, at 7:10 p.m.
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