MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 2009, at the hour of 7:04 p.m.

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 2009, at the hour of 7:04 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker Absent: Mayor Bobko PLEDGE OF ALLEGIANCE Tracy Hopkins ANNOUNCEMENTS Councilmember Reviczky asked that the meeting be adjourned in memory of June Maxwell, mother of Hermosa Beach resident Jeff Maxwell, and expressed condolences to Jeff and his family. Councilmember Keegan announced the Pier-to-Pier Walkathon, a fundraiser for the Ridgestone Family Center, on April 25, beginning at 7:30 a.m. at the Manhattan Beach Pier and ending at the Hermosa Beach Pier. Councilmember Tucker encouraged everyone to attend the Art Walk fundraiser on Saturday, May 30, from 5:30 to 8:30 p.m. at Saint Rocke, featuring music, food, and art auctions for $30 a ticket, and the Art Walk on June 13 and 14 from 10 a.m. to 7 p.m. on the Community Center lawn, featuring the artwork of more than 100 artists, noting that anyone wishing to obtain a booth could find information at He also announced the Beach Cities Health District s Steppin Out challenge to walk 70,000 steps in a week beginning April 20. PROCLAMATIONS NATIONAL LIBRARY WEEK APRIL 12-18, 2009 Mayor pro tem DiVirgilio presented the proclamation to Elmita Brown, Community Library Manager, who announced this year s theme, Roads Connect at the Library, and said Mayor pro tem DiVirgilio would be guest reader at story time on Friday, April 12 at 11:30 a.m.. CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH APRIL 2009 Mayor pro tem DiVirgilio invited members of the Emergency Preparedness Advisory Commission forward, thanked them for their work, and presented the proclamation. Commissioner Patricia Ellis encouraged families to put together a preparedness plan at home and away from home; suggested residents to go the Neighborhood Watch and City websites for further information and to subscribe to the City s e- newsletter. City Council Minutes Page 12627

2 . PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were originally no written communications for this agenda but there was one supplemental written communication as follows: a. Letter from Howard Longacre received April 13 regarding Ordinance and communications. No one came forward to speak on this letter. City Attorney Jenkins and City Manager Burrell responded to Council questions. Action: To receive and file Mr. Longacre s letter for this agenda as well as the one for the adjourned meeting earlier in the evening. Motion Tucker, second Keegan. The motion carried, noting the absence of Mayor Bobko. Coming forward to address the Council at this time were: Timothy Beck Heal the Harbor, non-profit environmental group, asked the Council to agendize a discussion to set aside 10% of the beach for handicapped people and people who wish an even tan or have skin diseases that need to have sun on parts of the body which normally are covered by a bathing suit; said the ocean is full of bacteria and the sun kills the bacteria; Julian Katz Hermosa Beach Lawn Bowling Club invited the public to their Open House on Saturday, May 9, from 10:00 a.m. to 3:00 p.m. with free pizza, soft drinks and lessons. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Reviczky. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. (Mayor Bobko absent) (a) RECOMMENDATION TO APPROVE THE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE MARCH 2009 MEETINGS. Action: To approve the memorandum from City Clerk Elaine Doerfling regarding the minutes of the March 2009 meetings. (Mayor Bobko absent) City Council Minutes Page 12628

3 (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS THROUGH Action: To ratify the check register as presented. (Mayor Bobko absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (Mayor Bobko absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 18, Action: To receive and file the action minutes of the Public Works Commission meeting of March 18, (Mayor Bobko absent) (e) RECOMMENDATION TO AMEND PROFESSIONAL SERVICES AGREEMENT TO ADRIAN GAUS ARCHITECTURE, INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR PROJECT NO. CIP NO COMMUNITY CENTER GENERAL IMPROVEMENTS FOR AN INCREASED FEE OF $6,480; AND, AUTHORIZE THE TRANSFER OF $6,480 FROM THE 301 CAPITAL IMPROVEMENT FUND ( ) FOR THE COMMUNITY CENTER GENERAL IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated April 8, Action: To approve the staff recommendation to: (1) Provide construction support services for Project No. CIP No Community Center General Improvements for an increased fee of $6,480; and, (2) Authorize the transfer of $6,480 from the 301 Capital Improvement Fund ( ) for the Community Center General Improvements. (Mayor Bobko absent) (f) RECOMMENDATION TO ACCEPT DONATIONS OF $800 FROM LD FOUNDATION/STEVE NAPOLITANO TO BE USED FOR THE POLICE DEPARTMENT K-9 PROGRAM, $120 FROM BOEING EMPLOYEE S COMMUNITY FUND/CHRISTOPHER ASHLEY TO BE USED FOR COMMUNITY RESOURCES PROGRAMS; $247 FROM ANONYMOUS DONOR COLLECTIONS TO BE USED FOR THE ST. PATRICK S DAY PARADE; AND, $2,500 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE ST. PATRICK S DAY PARADE. Memorandum from Finance Director Viki Copeland dated April 6, City Council Minutes Page 12629

4 This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $800 from LD Foundation/Steve Napolitano to be used for the Police Department K-9 Program; - $120 from Boeing Employee s Community Fund/Christopher Ashley to be used for Community Resources programs; - $247 from anonymous donor collections to be used for the St. Patrick s Day Parade; and, - $2,500 from the Hermosa Beach Chamber of Commerce to be used for the St. Patrick s Day Parade. Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. (g) RECOMMENDATION TO ACCEPT THE AWARD OF $5,691 FROM THE FIREMAN S FUND INSURANCE COMPANY HERITAGE PROGRAM GRANTED TO THE HERMOSA BEACH FIRE DEPARTMENT AND INCREASE THE REVENUE THE SAME AMOUNT; AND, AUTHORIZE AN APPROPRIATION TO BE PRESENTED IN THE 2008/09 BUDGET AND THE EXPENDITURE OF $5,691 FOR THE PURCHASE OF FIREFIGHTER FIRE SAFETY SHELTERS, HAND TOOLS, AND GOGGLES. Memorandum from Fire Chief David Lantzer dated April 6, Action: To approve the staff recommendation to: (1) Accept the award of $5,691 from the Fireman s Fund Insurance Company Heritage Program granted to the Hermosa Beach Fire Department and increase the revenue the same amount; and, (2) Authorize an appropriation to be presented in the 2008/09 budget and the expenditure of $5,691 for the purchase of firefighter fire safety shelters, hand tools, and goggles. (Mayor Bobko absent) (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 2, Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 2, (Mayor Bobko absent) (i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #63002 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 42 FIFTEENTH STREET. Memorandum from Community Development Director Ken Robertson dated March 30, City Council Minutes Page 12630

5 Action: To approve the staff recommendation to adopt Resolution No , entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #63002 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 42 FIFTEENETH STREET. (Mayor Bobko absent) (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70173 FOR A TWO-LOT SUBDIVISION AT 2117 POWER STREET. Memorandum from Community Development Director Ken Robertson dated April 6, Action: To approve the staff recommendation to adopt Resolution No , entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #70173 FOR A TWO-LOT SUBDIVISION AT 2117 POWER STREET. (Mayor Bobko absent) (k) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE MULTI-AGENCY MEMORANDUM OF AGREEMENT TO COOPERATIVELY AND JOINTLY FUND THE PHASE I IMPLEMENTATION AND PHASE II PERFORMANCE ASSESSMENT OF THE JURISDICTIONAL GROUPS 5 AND 6 IMPLEMENTATION PLAN IN ACCORDANCE WITH THE SANTA MONICA BAY BEACHES BACTERIA TOTAL MAXIMUM DAILY LOAD REGULATIONS WITH A MAXIMUM CONTRIBUTION BY THE CITY OF HERMOSA BEACH OF $69,767. Memorandum from Public Works Director Richard Morgan dated April 6, Action: To authorize the Mayor to execute the multi-agency Memorandum of Agreement to cooperatively and jointly fund the Phase I implementation and Phase II performance assessment of the Jurisdictional Groups 5 and 6 Implementation Plan in accordance with the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load regulations with a maximum contribution by the City of Hermosa Beach of $69,767. (Mayor Bobko absent) 3. CONSENT ORDINANCES - None 4. 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. 5. PUBLIC HEARINGS City Council Minutes Page 12631

6 a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION PC 09-3, ADOPTED ON FEBRUARY 17, 2009, TO AMEND, RESTATE AND SUPERSEDE A CUP FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS DRAGON ; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS TO 1:00AM THE FOLLOWING MORNING; EXTENDING LIVE ENTERTAINMENT FROM 11:30PM THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30AM THE FOLLOWING MORNING, MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX MONTH REVIEW. Memorandum from Community Development Director Ken Robertson dated March 16, City Manager Burrell said the appellant had requested the item be continued to the City Council meeting of April 28, in order to have a full Council present. Action: To continue the item to the City Council meeting of April 28, Motion Reviczky, second Keegan. The motion carried by a unanimous vote, b. TEXT AMENDMENT AND ZONE CHANGE (TEXT 08-8/ ZONE 08-2) AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION TO AMEND THE MUNICIPAL CODE AND TO REZONE PROPERTY FROM C-2 (RESTRICTED COMMERCIAL) TO A NEW SPECIFIC PLAN AREA NO. 11 ALONG PIER AVENUE, BETWEEN PALM AND VALLEY DRIVES, TO IMPLEMENT UPPER PIER AVENUE COMMITTEE FINAL REPORT AND PROMOTE A PEDESTRIAN-FRIENDLY VILLAGE CENTER, ADDRESSING PERMITTED AND CONDITIONAL USES; DESIGN, PARKING, SIGNS, LANDSCAPE AND GREEN BUILDING STANDARDS; INCENTIVES TO ENCOURAGE SERVICE/OFFICE USES ON THE SECOND FLOOR, RETAIN ICONIC OR CULTURALLY IMPORTANT BUILDINGS, AND REDUCE LOT CONSOLIDATION; RESTRICTIONS ON OUTDOOR SEATING AND/OR DISPLAYS ON THE SIDEWALK; AND OTHER MINOR RELATED CHANGES AFFECTING CHAPTER 17 (ZONING) AND OTHER CHAPTERS FOR CONSISTENCY. (DOES NOT INCLUDE CHANGES TO STREETSCAPE, SIDEWALKS, CENTER MEDIAN AND RELATED ELEMENTS IN PUBLIC RIGHT-OF-WAY.) Memorandum from Community Development Director Ken Robertson dated April 8, Community Development Director Robertson presented the staff report and responded to Council questions. Senior Planner Pamela Townsend gave a Power Point presentation illustrating aspects of the project, and responded to Council questions. City Council Minutes Page 12632

7 The public hearing opened at 8:08 p.m. Coming forward to address the Council on this item were: Jeff Duclos Hermosa Beach, said this was a 150-page Zoning Ordinance and with the waiver of full reading, public comments would be out of context so people listening at home will have no idea of the scope of change until construction begins and then it will be too late; said it would be more beneficial to the City to update the General Plan than to focus on this small area of the City, with the proposed changes benefitting tourists more than residents; said there were no green standards required but only encouraged; said, in general, this action represents a lack of democratic process and concern for public opinion; Miles Salomar supported the new design, the wide sidewalks and the twostory buildings; said that Pier Plaza is not just for tourists and neither would this be; said he envisioned the area to be like State Street in Santa Barbara; Lori Ford Owner of the Gum Tree, said she was excited about the proposed changes on Pier Avenue but was a little concerned about lack of parking; The public hearing was closed at 8:20 p.m. Action: To direct staff to return with the proposed Ordinance re-written to include changes suggested by the City Council during discussion of this item. Motion Tucker, second Keegan. The motion carried by a unanimous vote, 6. MUNICIPAL MATTERS a SUNSET CONCERT VENUE PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated April 7, Community Resources Lynn presented the staff report and responded to Council questions. Action: To approve the concert venue proposal. Motion Keegan, second Keegan. The motion carried by a unanimous vote, b. CONSIDERATION OF A TWO YEAR EXPIRATION PERIOD FOR BUILDING PERMITS. Memorandum from Community Development Director Ken Robertson dated April 8, Community Development Director Robertson presented the staff report and responded to Council questions. City Council Minutes Page 12633

8 Action: To approve the staff recommendation to waive full reading and introduce Ordinance No , entitled AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PROVIDE A MAXIMUM TWO YEARS LIFE FOR BUILDING PERMITS AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE, noting the change in Section 2, Paragraph D of the Ordinance to allow two six-month extensions instead of one. Motion Tucker, second Reviczky. The motion carried by a unanimous vote, c. MARINELAND MOBILEHOME PARK REQUEST FOR PRE-DEVELOPMENT LOAN AS PART OF RESIDENT PURCHASE OF PARK. Memorandum from City Manager Stephen Burrell dated April 9, Supplemental Internal Revenue information received from the applicant on April 14, City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Janice Yates Hermosa Beach, President Marineland Community Association, Inc., thanked the Council for all the City had done to help convert the park to resident ownership and said all they needed now was a loan for upfront costs; and John Rodrigue from a law firm representing the association responded to Council questions about the details of the transaction. Action: To approve the pre-development loan agreement with Marineland Community Association Inc., a California non-profit benefit corporation (MCAI). Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Keegan and the absence of Mayor Bobko. The meeting recessed at 8:55 p.m. The meeting reconvened at 9:02 p.m., with item 6(e). d. SANITARY SEWER MASTER PLAN UPDATE. Memorandum from Public Works Director Richard Morgan dated April 2, Public Works Director Morgan presented the staff report and responded to Council questions. Action: To receive and file the Sanitary Sewer Master Plan Update prepared by MBF Consulting, Inc.; and, direct staff to prepare a report for Council regarding establishing a Sewer Fee, including the steps required, associated costs and recommended time table. City Council Minutes Page 12634

9 Motion Keegan, second Tucker. The motion carried by a unanimous vote, e. APPROVAL OF PLANS FOR PIER AVENUE IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated April 7, Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell said he would a sample letter to each Councilmember who could in turn write to legislators to assist in the City s obtaining stimulus money for this project. Action: To approve the staff recommendation to adopt Resolution No , entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE THE PIER AVENUE IMPROVEMENT PROJECT PLANS. Motion Keegan, second Tucker. The motion carried by a unanimous vote, At 9:10 p.m., the order of the agenda returned to item 6(d). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES BOARDS AND COMMISSIONS TERM EXPIRATIONS PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSION. Memorandum from City Clerk Elaine Doerfling dated April 6, Deputy City Clerk Drasco 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, 2009 Motion Tucker, second Reviczky. The motion carried by a unanimous vote, 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Keegan that the City Council direct the Planning Commission to review the sign ordinance as it pertains to temporary signs to more carefully regulate the placement, size, duration as it applies to single tenant structures and multi-tenant commercial City Council Minutes Page 12635

10 buildings. No single property or group of properties shall display more than three banner signs per year. Supplemental received from Roger Bacon on April 13, Councilmember Keegan spoke to his request. Action: To direct the Planning Commission to review the sign ordinance as it pertains to temporary signs to more carefully regulate the placement, size, duration as it applies to single tenant structures and multi-tenant commercial buildings with no single property or group of properties being allowed to display more than three banner signs per year. Motion Keegan, supported by Tucker and Reviczky. (Mayor Bobko absent) b. Request from Councilmember Tucker that Hermosa Beach work with Manhattan Beach and Redondo Beach to request the Beach Cities Health District to provide funding for paramedic services. Councilmember Tucker spoke to his request, stating that he was suggesting the Beach Cities Health District help fund equipment, supplies, maybe a new ambulance eventually but not paramedics salaries. Action: To direct the City Manager to discuss at his monthly beach cities City Manager meeting the possibility of joining together to approach Beach Cities Health District for assistance Motion Tucker, supported by Keegan and Reviczky. (Mayor Bobko absent) ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of June Maxwell, on Tuesday, April 14, 2009, at the hour of 9:30 p.m. to the Regular Meeting on Tuesday, April 28, at 6:00 p.m. City Clerk Deputy City Clerk City Council Minutes Page 12636