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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, October 26, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Tiger Cubs from Pack 860
ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
Absent: None
ANNOUNCEMENTS
Councilmember Edgerton announced and invited everyone to the annual Halloween Haunt on Friday, October 29.
Councilmember Keegan urged everyone to vote on Tuesday, November 2, and noted that the Council had voiced support of Proposition 1A, which would help ensure State funds for cities.
Mayor Pro Tempore Reviczky announced the Friends of the Library Book Sale on Saturday, November 6 from 9:30 a.m. to 12:30 p.m. for the general public and on Wednesday evening, November 3 for members. He also invited everyone to the retirement party for firefighters Vince Bruccolieri and Ed Chesson on Thursday, October 28 at 7:00 p.m. at Sangria, for $20 per person. He also thanked the Woman’s Club for another successful pancake breakfast on October 24.
Councilmember Tucker said, with the holiday season approaching, the Beach Cities Toy Drive fundraiser would be held Sunday, November 7, at Sangria at 5:30 p.m. He also mentioned that the Mira Costa homecoming football game was Friday evening, October 29.
Mayor Yoon referred to a letter from a resident on Eighth Street requesting that the sidewalk be extended from Hermosa Avenue to Valley Drive and asked Public Works Director Rick Morgan to help him draft a response. City Manager Burrell said a solution was being sought.
Mayor Yoon introduced Christian Campisi with the Energy Coalition who reminded everyone about the torchiere lamp trade-in scheduled for Saturday, November 20, from 9:00 a.m. to 1:00 p.m. in Hermosa Beach, described the lamps to be turned in for new lamps at no charge, and explained that the old lamps were fire hazards and not energy efficient.
PUBLIC PARTICIPATION:
There was no written correspondence.
Coming forward at this time to address the Council were:
Jean Cullen – President of the Hermosa Beach Woman’s Club, thanked the Council for their assistance at the pancake breakfast, and said she was very proud of the Club members’ dedication to the community;
Steve Pinnard – representing the Hermosa Beach Preservation Committee, asked that two Councilmembers volunteer, along with Planning Commissioners and Historical Society members, to help preserve historical structures in Hermosa Beach (Councilmembers Tucker and Edgerton volunteered to serve on the subcommittee);
Carla Merriman – Hermosa Beach Chamber of Commerce and Visitors’ Bureau, announced that the 2004 Woman and Man of the Year, present in the audience, were Susan Blaco and Dean Nota;
Steven Klein – Regional Administrator for Los Angeles County Library, introduced Martha Philippoff, new Hermosa Beach Library Manager; and
Martha Philippoff – said she was happy to be assigned to the beautiful library with its wonderful staff and that she hoped to see the Councilmembers in the library.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(b), (h), (l), (n), (o) and (p) Tucker.
Motion Reviczky, second Tucker. The motion carried by a unanimous vote.
At 7:28 p.m., the order of the agenda was suspended to go to item 3(a) and 3(b), consent ordinances.
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RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 12, 2004.
Action:
To approve as presented the City Council minutes of the Regular meeting of October 12, 2004.
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38179 THROUGH 38312, AND TO APPROVE THE CANCELLATION OF CHECK NO. 38309, AS RECOMMENDED BY THE CITY TREASURER.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Action:
To ratify the check register, as presented.
Motion Tucker, second Keegan. The motion carried, noting the absence of Councilmember Edgerton, who left at 10:20 p.m.
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RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.(PDF File).
Action:
To receive and file tentative future agenda items, as presented.
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RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR, VIKI COPELAND, REGARDING THE SEPTEMBER 2004 FINANCIAL REPORTS.
Action:
To receive and file the memorandum from Finance Director Viki Copeland, regarding the September 2004 financial reports.
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RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 13, 2004.(PDF File).
Action:
To receive and file the notice of closed claims.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19, 2004.(PDF File).
Action: To receive and file the action minutes of the Planning Commission meeting of October 19, 2004.
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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 14, 2004. (PDF File).
| Claimant: | Southern California Edison |
| Date of Loss: | 09-09-04 |
| Date Filed: | 10-07-04 |
| Allegation: | Property damage |
| Claimant: | Kim, John Y. |
| Date of Loss: | 04-21-04 |
| Date Filed: | 10-18-04 |
| Allegation: | Trip and fall |
| Claimant: | Villa, Edilberto |
| Date of Loss: | 05-12-04 |
| Date Filed: | 10-18-04 |
| Allegation: | Personal Injury |
Action: To deny the above claims and refer them to the City’s Liability Claims Administrator, as recommended by staff.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 20, 2004.(PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action: To receive and file report giving the status of capital improvement projects that are either under design or construction, as of August 31, 2004.
Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton, who left at 10:20 p.m.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP No. 26814 FOR A TWO UNIT CONDO AT 538 AND 540 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6361, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26814 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 538 AND 540 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP No. 26936 FOR A TWO UNIT CONDO AT 1449 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6362, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26936 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1449 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP No. 27099 FOR A TWO UNIT CONDO AT 1016 AND 1018 SEVENTEETH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6363, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 27099 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1016 AND 1018 SEVENTEETH STREET, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS AND ESTIMATE FOR PROJECT NO. CIP 02-108 STREET IMPROVEMENTS – SECOND STREET BETWEEN PACIFIC COAST HIGHWAY AND MONTEREY BOULEVARD BETWEEN HERONDO STREET AND FOURTH STREET; AUTHORIZE STAFF TO PROCEED TO ADVERTISE FOR BIDS; AND, AUTHORIZE THE CITY CLERK TO POST NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Richard Morgan dated October 18, 2004.(PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 04-6363, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 27099 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1016 AND 1018 SEVENTEETH STREET, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MTA AND THE CITY OF HERMOSA BEACH FOR ESTABLISHING A CAPITAL RESERVE ACCOUNT FOR THE ALLOCATION OF PROPOSITION C LOCAL RETURN PROGRAM FUNDING TOWARD THE PIER AVENUE STREET IMPROVEMENT PROJECT (CIP NO. 04-116) AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY.Memorandum from Public Works Director Richard Morgan dated October 18, 2004.(PDF File).
Action: To approve the staff recommendation to:
Approve the Memorandum of Understanding between the MTA and the City of Hermosa Beach for establishing a capital reserve account for the allocation of Proposition C Local Return Program Funding toward the Pier Avenue Street Improvement Project (CIP No. 04-116) and
Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 5, 2004. A supplemental letter was received from Arthur Mazirow on October 25, 2004.(PDF File).
Action: To approve the staff recommendation to:
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Coming forward to address the Council on this issue were:
Art Mazirow – Hermosa Beach, said his request to move the volleyball court at 29th Street farther from the Strand wall had been approved at the October 5 Parks, Recreation and Community Resources Advisory Commission meeting, but he had submitted a letter to the Council stating his willingness to enter into mediation with the volleyball players who opposed this relocation, with the assistance of the South Bay Center Dispute Resolution (contracted by the City), and asked that the City Council postpone any discussion of this possible relocation until March 2005.
(Since Councilmember Edgerton had to leave the meeting early and in order for him to be present during this discussion, Mr. Mazirow actually addressed the Council after item 5(c) and the first action was also taken at that time, but both are shown here for clarity)
Action: To postpone further discussion of the relocation of the volleyball court at 29th and the Strand (item on the Parks & Recreation Commission minutes of October 5) until March 2005 after Mr. Mazirow pursues mediation.
Motion Edgerton, Keegan second. The motion carried, noting the dissenting votes of Tucker and Mayor Yoon.
(Mr. Seaman’s testimony and the second action took place when the other removed consent calendar items were discussed at the end of the meeting.)
Sandy Seaman – Hermosa Beach, said his residence was also adjacent to a volleyball court and he had no problems with the players there at this time; said he and other residents planned to come to the meeting to give their opinions but were told that the volleyball relocation would be discussed at the next Council meeting; said he was unhappy that the Council had postponed agendizing the subject until March 2005.
Further Action: To receive and file the remainder of the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 5, 2004.
Motion Keegan, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton, who left the meeting at 10:20 p.m.
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RECOMMENDATION TO APPROVE THE EXPENDITURE OF $18,861.25 FOR THE PURCHASE OF TWO SPEED RADAR SIGNS TO BE PLACED ON THE STRAND AT ELEVENTH STREET AND FOURTEENTH STREET AND APPROPRIATE $20,000 FROM TRANSPORTATION DEVELOPMENT ACT FUNDS FOR THE PURCHASE AND INSTALLATION COSTS. Memorandum from Public Works Director Richard Morgan dated October 18, 2004.(PDF File).
Memorandum from Public Works Director Richard Morgan dated October 20, 2004.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action: To deny the proposal to purchase of two speed radar signs to be placed on the Strand at Eleventh Street and Fourteenth Street.
Motion Tucker, second Mayor Yoon. The motion carried, noting the dissenting vote of Mayor Pro Tempore Reviczky and the absence of Councilmember Edgerton, who left at 10:20 p.m.
Approve the Memorandum of Understanding between the MTA and the City of Hermosa Beach for establishing a capital reserve account for the allocation of Proposition C Local Return Program Funding toward the Pier Avenue Street Improvement Project (CIP No. 04-116) and
Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
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RECOMMENDATION TO APPROVE THE IMPLEMENTATION OF A NEW YEAR’S EVE CELEBRATION ON DECEMBER 31, 2004 AND APPROVE PROPOSAL FOR MUSICAL PERFORMANCE CONDUCTED BY “BIG BAND 2000” FROM 8 P.M. TO 12:15 A.M. Memorandum from Community Resources Department dated October 19, 2004.(PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action: To (1) approve the implementation of a New Year’s Eve Celebration on December 31, 2004 and approve proposal for musical performance conducted by “Big Band 2000” from 8:00 p.m. to 12:15 a.m.,as recommended by staff; and (2) direct staff to write a letter for the Mayor’s signature to downtown businesses on Pier Avenue up to Monterey and from 10th to 14th streets, requesting that they each contribute $1,000 toward the expense for this event.
Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton, who left at 10:20 p.m.
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CONSENT ORDINANCES
ORDINANCE NO. 04-1243: AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CORRECTING ERRORS MADE IN THE ADOPTION OF ORDINANCE NO. 02-1221, AMENDING SECTION 17.44.090 -TO REMOVE LEASED OFF-SITE PARKING AS AN OPTION FOR REQUIRED PARKING, AND AMENDING SECTION 17.28.020 – TO REMOVE STORAGE AND MINI-STORAGE AS PERMITTED USES, AND TO REQUIRE CONDITIONAL USE PERMITS FOR CERTAIN MANUFACTURING USES IN THE M-1 ZONE. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 13, 2004.(PDF File).
Action: To waive full reading and adopt Ordinance No. 04-1243.
Motion Edgerton, second Reviczky. The motion carried by the following vote:
| AYES: | Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon |
| NOES: | None |
| ABSENT: | None |
| ABSTAIN: | None |
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ORDINANCE NO. 04-1244: AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A DAYTIME CURFEW FOR MINORS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 13, 2004.(PDF File).
Action: To waive full reading and adopt Ordinance No. 04-1244.
Motion Keegan, second Tucker. The motion carried by the following vote:
| AYES: | Keegan, Reviczky, Tucker, Mayor Yoon |
| NOES: | Edgerton |
| ABSENT: | None |
| ABSTAIN: | None |
At 7:31, the order of the agenda moved to public hearing item 5(a).
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(b), (h), (l), (n), (o), and (p) 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.
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PUBLIC HEARINGS
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APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE TO ALLOW A THREE FOOT SIDE YARD RATHER THAN THE REQUIRED FIVE FEET AT 3410 HERMOSA AVENUE AND 111 34TH STREET.Memorandum from Community Development Director Sol Blumenfeld dated October 18, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:39 p.m. Coming forward to address the Council on this item were:
Steve Kaplan – representing the property owner, described the project and discussed the Planning Commission’s 3-2 vote to deny the variance;
Dean Nota – Hermosa Beach, spoke in support of the project and said a noted architect had designed the original house;
Kevin Daly – Hermosa Beach, one of the project architects, said the original house had only two bedrooms and the owners wished to add another; said categorizing the addition as a guest house was erroneous; said a variance was requested and needed because of the merge of two lots;
Peter Hoffman – Hermosa Beach Planning Commission, said a good case was made for two of the four findings for the variance and that all other building requirements were met.
The public hearing closed at 8:50 p.m.
Action: To: (1) overturn the Planning Commission’s action and approve a variance to allow a three-foot side yard rather than the required five feet at 3410 Hermosa Avenue and 111 34th Street; and (2) direct staff to prepare a resolution reflecting the Council’s action, including a condition that requires building plans to conform to maximum building height standards.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote
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CONSIDERATION FOR APPROVAL OF 2005 ST. PATRICK’S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 12, 2005 AND SUNDAY, MARCH 13, 2005. Memorandum from Community Resources Department dated October 19, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:00 p.m. Coming forward to address the Council on this item were:
Travers Devine – Event Co-Chair, explained that the festival was necessary to pay for the parade; sai if the City felt that Lot B was needed for public parking, they would work out other arrangements; said he was looking for someone else to chair the event;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, spoke in support of the two-day event; said it was the only Saint Patrick’s Day parade in the South Bay;
Mike Lacey – Hermosa Beach Comedy and Magic Club owner; supported the event but was concerned about parking spaces lost during the parade and festival, and asked Council to always consider parking loss in the future for events;
Michael McDermott – Hermosa Beach, supported the two-day event because it brought in business for the restaurants and shops;
Ron Newman – Chamber of Commerce Board member, said a two-day event was necessary to fund the parade unless other funding could be found;
Jean Cullen – Event Co-Chair, echoed her co-chair’s comment that new leadership was being sought to manage the event and hoped that the City would be as generous and helpful to the new people; and
Susan Blaco – Hermosa Beach, said this was a great family event that brought people into town to patronize the businesses; supported the event in a two-day format.
The public hearing closed at 8:20 p.m.
Action: To approve the 2005 St. Patrick’s Day Parade and Festival to be held Saturday, March 12, 2005 and Sunday, March 13, 2005, with direction to use the lifeguard parking lot instead of Lot B.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
Further Action: To establish a Council subcommittee, with members to be appointed at the next Council meeting, to collaborate with the Chamber of Commerce and other civic organizations to explore funding.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
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REVIEW AND RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO. 061290 FOR AN 18,648 SQUARE FOOT COMMERCIAL BUILDING CONTAINING 54 COMMERCIAL CONDOMINIUM UNITS AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 200 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 2004. Supplemental letter from Bob Dunn and the Impacted Residents of Bayview received October 25, 2004, and supplemental email from Dan Ericson received October 26, 2004.(PDF File).
Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8: 34 p.m. Coming forward to address the Council on this item were:
Nick Schaar – property owner, said the project was designed to meet the City requirements, complied with all codes and had more than the required parking spaces; described the four-building design which gave the complex a campus atmosphere, said they had provided bicycle parking which they hoped would encourage residents to ride to work;
Bill Grouden – project architect, gave a PowerPoint presentation illustrating the project; said ingress and egress had been designed for the least impact to nearby residential neighbors; said that the open design had less bulk than one large building would have;
Mike Lacey – Hermosa Beach Comedy and Magic Club owner, said he was in favor of office buildings, which provide lunch business for the local restaurants and the potential for a shared parking arrangement with nearby nighttime businesses;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said the facility would improve the look of downtown; said the project appeared to be resident-friendly and provided small office space for single-proprietor businesses, possibly for businesses which were previously home-based; said she understood the project was not expected to produce a high increase in traffic; said she hoped this was the first step toward other similar development in the downtown area;
Bob Dunn - Hermosa Beach, spoke in support of the project but summarized concerns mentioned in a letter, signed by 22 area residents, to the Council about parking and traffic, and requesting landscaping on Bayview to reduce the bulk of the buildings; expressed concern that shared parking might not be good for the neighborhood;
Don Karasevich – Hermosa Beach resident near the proposed project, said he thought many people who work at home might like to have an office in this complex; felt this type of facility would not have a negative impact on traffic;
Jim Rosenberger – Hermosa Beach resident near the project, was concerned that without specific assigned spaces, occupants of the complex might have problems parking if they were not there early in the morning or if they left during the day and came back; supported the possibility of the Comedy and Magic Club renting some of the spaces and asked if spaces in the City’s parking structure could be rented as well; expressed concern about cars exiting the complex and suggested some type of ‘buttons” on the road surface to slow down cars;
Chris Bowsher – Hermosa Beach, said he owned a small lighting design business on Pier Avenue and might be interested in moving into this type of facility; said he did not anticipate any parking problems;
Brandon Stokey – Hermosa Beach, said he was a lifelong City resident and a partner in this project; said these offices would appeal to someone currently working out of a home office and liked the idea of people riding their bikes to work; said he had talked to many Pier Avenue business owners who signed a petition supporting this development, and the project would provide lunch customers to the local restaurants;
Ted Barry – Hermosa Beach resident near the proposed project, spoke in support; said the design would block traffic from coming into residential neighborhood; and
Sam Perrotti – Planning Commissioner, said correspondence sent to the City indicated that the Planning Commission had ignored neighbors’ concerns regarding traffic, parking, view blockage, and landscaping, which was not true; thought shared parking was a good idea; said the proposed parking plan more than met the City’s requirements with the extra spaces being provided.
The public hearing closed at 9:01 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 04-6364, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A PRECISE DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT AND VESTING TENTATIVE TRACT MAP NO. 061290 FOR AN 18,648 SQUARE FOOT COMMERCIAL BUILDING CONTAINING 54 COMMERCIAL CONDOMINIUM UNITS AND AN ENVIRONMENTAL NEGATIVE DECLARATION AT 200 PIER AVENUE LEGALLY DESCRIBED AS NW 10-FEET OF LOT 14, AND ALL OF LOTS 15, 16, 17 & 18, BLOCK 48, FIRST ADDITION TO HERMOSA BEACH,” with the following additional conditions:
(1) Make sure the CC&R’s prohibit using these units as residential units;
(2) Monitor traffic after completion of the project to compare with the traffic study performed prior to construction;
(3) No right turn on Bayview Drive and no left turn on Monterey Boulevard when exiting the property;
(4) Cooling tower must be soundproofed;
(5) Six-month review to consider if assigned parking might be better than the planned open parking;
(6) A recycling receptacle must be placed in the trash collection area;
(7) Cell phone antennas must be out of site, built into the structure; and
(8) A hold harmless agreement must be in place.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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REQUEST TO RECONSIDER OBJECTION TO DANCING AT TJ CHARLYZ.
Memorandum from City Manager Stephen Burrell dated October 14, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions. Police Chief Lavin and City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this issue were:
Rick Warren – attorney for the business owner, specializing in ABC (Dept. of Alcoholic Beverage Control) licensing issues, said there was dancing for the last seven years, and changes that were made to attract a different clientele had been a mistake and caused the problems, not dancing; said needed changes were discussed during meetings with the City Manager and the Police Chief; said the ban on dancing had decreased business significantly, employees had to be laid off; and sales tax, a benefit to the City, had dropped by two-thirds; said allowing dancing only until midnight would not work because they had live music until 1:30 a.m.; said the ABC would agree to a trial period of a few months to show improvement even with dancing being allowed;
Steve Dahdah – owner of TJ Charlyz, said he had been in business at this location for 22 years and, up until the last seven years, the name of the business was The Strawberry Patch; said the different format he tried had been a mistake and brought in a different crowd; said he was working with better security and a better staff and just wanted a chance to prove himself with a six-month probationary period;
Sean Barry – Hermosa Beach, said he would prefer no bars, but that regulations should be enforced equitably, and what applies to this business should apply to all similar businesses, including those on Pier Plaza, where there are frequently problems in the late evening;
Curtis Johnson – TJ Charlyz patron for about eight years, said banning dancing had a very negative impact on the business, said he had held several functions there but since dancing has not been allowed, people leave early; said the owner deserved a chance to re-establish his business;
Robin Lynch – Palos Verdes resident and TJ Charlyz patron for about eight years, said not only had the ban on dancing hurt T J. Charlyz but it had decreased her business of liquor distribution as well; said this business owner should have the same rights as others do;
Michael McDermott – TJ Charlyz patron for over 20 years, said the change in format was a mistake and that allowing dancing again might decrease the lines for people waiting to enter Pier Plaza businesses;
Jonathan Gleason – Redondo Beach resident and TJ Charlyz patron for about two years, said it was a shame dancing was no longer allowed; said there were no more problems at this establishment than at the ones on Pier Plaza;
Ron Newman – Owner of Sharkeez, said T J Charlyz had had some serious problems for a while but felt the business owner deserved a chance to show that things have improved; and
Joseph Tidman – TJ Charlyz patron for four years, said he missed the dancing.
Action: To write a letter to the ABC recommending that dancing be allowed, if the ABC agrees, with a three-month and then a six-month review and, if problems continue, to recommend to the ABC that the permit for dancing be revoked.
Motion Edgerton, second Tucker. The motion carried, noting the dissenting
vote of Councilmember Keegan.
Further Action: To agendize a discussion of enforcing the noise ordinance at Pier Plaza to the point of zero tolerance.
Motion Edgerton, second Keegan.
At 9:40 p.m., the order of the agenda went to item 8(a).
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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CONSIDERATION OF SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT – SOUTH BAY CITIES COUNCIL OF GOVERNMENTS. Memorandum from City Manager Stephen Burrell dated October 21, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the amendments to the Joint Powers Agreement for the SBCCOG and authorize the Mayor to execute the agreement on behalf of the City.
Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
At 10:39, the order of the agenda went to item 8(b).
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES – BOARDS & COMMISSIONS – APPOINTMENT TO PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 20, 2004.(PDF File).
Action:
To re-appoint Jean Lombardo to the Public Works Commission for a four-year term ending October 31, 2008.
Nominated by Edgerton, and approved by unanimous vote.
Further Action:
To appoint Dan Marinelli to the Public Works Commission for a four-year term ending October 31, 2008.
Nominated by Edgerton, and approved by unanimous vote.
Proposed Action:
To interview the two applicants who submitted their applications after the deadline, and continue the appointment of the third Public Works Commissioner to the next Council meeting and, in the future, to interview late applicants if time permits.
Motion Edgerton. The motion died for lack of a second.
Further Action: To appoint Michael D’Virgilio to the Public Works Commission for a four-year term ending October 31, 2008.
Nominated by Mayor Pro Tempore Reviczky, and approved.
At 10:20 p.m., Councilmember Edgerton left the meeting.
Further Action: Council consensus (Edgerton absent) was as follows:
(1) Direct staff to not accept late application submittals and, if there are not enough applicants to fill the terms, to extend the application period.
(2) Direct staff to email future notices requesting commission applications to service organizations and to the Council members to disseminate, and make sure the notice is included in the e-newsletter, in addition to the publishing and posting currently being performed.
The meeting recessed at 10:24 p.m.
The meeting reconvened at 10:37 p.m., with item 7(a).
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VACANCIES – BOARDS AND COMMISSIONS – CABLE TELEVISION ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 20, 2004.(PDF File).
Mayor Yoon recused himself and left the dais and the room at 10:40 p.m. due to a potential conflict of interest since his employment involves cable TV.
Action:
To schedule a meeting at 6:30 p.m. prior to the regular meeting of Tuesday, November 23, 2004, for the purpose of interviewing applicants, with appointments to be made that evening at the regular meeting, and to direct the City Clerk to re-advertise and disseminate information as described in the previous action in item 8(a), with a deadline of 6:00 p.m. on November 22, 2004, for accepting applications to the Cable TV Advisory Commission.
Motion Reviczky, second Tucker. The motion carried, noting the absence of Edgerton and Mayor Yoon.
At 10:43 p.m., Mayor Yoon returned to the dais, and the order of the agenda went to item 4, the removed consent calendar items.
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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, October 26, 2004, at the hour of 11:07 p.m. to the regular Meeting on Tuesday, November 9, 2004, at 7:10 p.m.
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