City of Hermosa Beach --- 10-16-97


MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, October 16, 1997, at the hour of 7:23 P.M.


PLEDGE OF ALLEGIANCE - Betty Ryan, resident


ROLL CALL:

Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky asked that Council, staff and anyone addressing the Council speak up clearly into the microphone as the noise of the fans made it difficult to hear. Mayor Reviczky also reviewed the Hermosa Beach Council's victory in the "Dragon Boat" challenge race against the Redondo Beach Council saying that Hermosa Beach had come in second over all with a time of 2:18, eight seconds off of the record.


Councilmember Edgerton remarked on political candidate claims of increases in City crime statistics and asked Police Chief Val Straser to speak to the issue. Chief Straser said that crime statistics had to be viewed over a longer time span than a few weeks or months. Straser said that a six-year analysis, from 1991, had shown a decrease in all crime statistics including: a 21% decrease in robberies, a 30% decrease in assaults, a 51% decrease in juvenile arrests, and, a 42% decrease in drunk driving arrests.


PRESENTATIONS:


CERTIFICATE OF RECOGNITION PRESENTEDTO KIRSTIN ERICSON


Mayor Reviczky read the certificate of recognition for Kirstin Ericson, resident of the City of Hermosa Beach for all of her fourteen years, who along with her partner Jamie Grass of Manhattan Beach, won the California Beach Volleyball Association Tournament, the AVP/Speedo US Junior Tournament, and qualified for the AVP/Speedo US Junior National Tournament in Orlando, Florida. Ms. Ericson thanked the City.


PROCLAMATIONS:


5th ANNUAL AMERICAN HEART WALK DAYOCTOBER 25, 1997


Mayor Reviczky read the proclamation and said that Councilmembers Edgerton and Oakes would deliver it at the walk that was scheduled to start at Little Company of Mary Hospital at 10:00 A.M., on Saturday, October 25, 1997.



DENTAL HYGIENE MONTHOCTOBER, 1997


Mayor Reviczky read the proclamation and presented it to Mary Saxe, Dental Hygienist.


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:


Jean Lombardo - with other members of the Woman's Club, spoke to advise the Council and the viewing public of the annual "Pancake Breakfast" to be held this Sunday, October 19, 1997, from 8:00 A.M. to noon at the Clark Building, 861 Valley Drive, $5.00 for adults, $3 for children; and suggested that people stay for the Classic Car Show at Clark Field;

Shirley Cassell - Hermosa Beach, said that the Council meeting had started late; recalled that eight months ago the Council had promised her that there would be improvements to the Council Chamber and nothing had happened; said that changes in the hours to increase the time for resident parking had been promised over a year and a half prior and nothing had happened; and said that political signs on her property had been torn down and she wanted people to know that this was against the law;

Jim Lissner - Hermosa Beach, spoke in rebuttal to Chief Straser's remarks saying that crime was up for the first eight months of this year as compared to last year and attributed the increase to the increase of restaurants selling alcohol in the downtown area;

David Bates - 501 Herondo Street, spoke regarding the contract with Macpherson Oil saying that the Council could challenge the oil lease and urged the Council to do this for the residents; quoted a Councilmember as saying the initiative banning oil drilling was a "whim of the people"; and,

Joseph DiMonda - Manhattan Beach, said that the Council should join the citizens in fighting the oil contract.


City Manager Stephen Burrell responded to comments made by Shirley Cassell by saying that an item would be brought back on the agenda of the next Council meeting to approve the parking changes and that the plans for City Hall remodel were in plan check and would be back shortly.


(b) COUNCIL COMMENTS:


Councilmember Oakes said that she had been misquoted in the newspaper and what she had actually said was: "the will of the people."


Councilmember Edgerton spoke in rebuttal to comments made by Mr. Bates and Mr. DiMonda regarding the contract with Macpherson Oil.


Councilmember Bowler spoke in rebuttal to comments regarding the oil contract by saying that the Council served the citizens of the community by following the advise of the City Attorney to keep the City out of litigation.


(c) WRITTEN COMMUNICATION:


1) Letter from David R. Bull dated September 18, 1997, requesting that the City Council consider returning the section of Valley Drive between Second Street and Herondo back to two-way traffic.


Coming forward to address the Council on this item were:


David Bull - 226 Fourth Street, spoke to his letter, said that re-opening Valley Drive to two-way traffic would decrease the traffic on Monterey which was a residential area;

Shirley Cassell - Hermosa Beach, said that two-way traffic in that area of Valley Drive would be miserable; suggested that the city make the last block of Monterey Blvd. (before Herondo) one-way as well in order to force traffic onto Hermosa Avenue rather than allowing it into the more residential areas of the City; and,

John Hales - 624 Eighth Place, asked that the City find a study done in the early 1970s, that had reviewed this problem and had made the recommendation to close Valley Drive to northbound through traffic.


Action: To direct staff to research this issue and report back to Council.

Motion Bowler, second Benz. The motion carried by a unanimous vote.


2) Letter from Rosamond Fogg dated September 28, 1997 regarding the Macpherson Oil Company project.


Action: To receive and file the letter.

Motion Benz, second Edgerton. The motion carried by a unanimous vote.



1. 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 3, but are shown in order for clarity: (b) Benz, (e) Mayor Reviczky, and (g) Edgerton.

Motion Edgerton, second Benz. The motion carried by a unanimous vote.


Councilmember Edgerton said that he had overlooked one item that he wished to remove from the consent calendar.


Further Action: To reconsider the approval of the consent calendar.

Motion Bowler, second Oakes. The motion carried by a unanimous vote.


Final Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (e) Mayor Reviczky, (g) Edgerton and with the addition of (h) Edgerton.

Motion Edgerton, second Benz. The motion carried by a unanimous vote.


No one came forward to address the Council on items not removed from the consent calendar.


(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on September 23, 1997.


Action: To approve the minutes of the Regular Meeting of September 23, 1997 as presented.


Councilmember Oakes left the meeting at 8:07 P.M.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11579 THROUGH 11769, NOTING VOIDED CHECK NOS. 11610, 11659, 11689 AND 11691, AND TO APPROVE CANCELLATION OF CHECK NOS. 01128, 11634, 11682 AND 09632 AS RECOMMENDED BY THE CITY TREASURER.


This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the charges for telephone maintenance.


City Manager Burrell responded that the City had many telephone lines and that the maintenance costs also included the City's 911 lines.


Action: To ratify the check register as presented.

Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes.


(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.


Action: To receive and file the tentative future agenda items as presented.


(d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST, 1997 FINANCIAL REPORTS:

  1. Revenue and expenditure report;
  2. City Treasurer's report; and,
  3. Investment report.


Action: To receive and file the August, 1997 Financial Reports as presented.


(e) RECOMMENDATION TO ACCEPT DONATION FROM RALPH'S GROCERY COMPANY AND APPROPRIATE TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated September 24, 1997.


This item was removed from the consent calendar by Councilmember Mayor Reviczky for separate discussion later in the meeting in order to acknowledge the donation of Ralph's Grocery Company and to thank the company for its donation.


Action: To approve the staff recommendation to accept the donation of $200 from Ralph's Grocery Company and appropriate to the Community Resources Department for the maintenance of the volleyball courts.

Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes.


(f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON SEPTEMBER 17, 1997.


Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting held on September 17, 1997.


Councilmember Oakes returned at 8:13 P.M.


(g) RECOMMENDATION TO APPROVE THE REQUEST FROM THE HERMOSA BEACH YOUTH BASKETBALL LEAGUE TO SHARE IN THE COST OF A NEW SCOREBOARD FOR THE COMMUNITY CENTER GYMNASIUM IN AN AMOUNT UP TO $1,500 AND AUTHORIZE THE EXPENDITURE OF UP TO $1,500 FROM THE PARK AND BEACH IMPROVEMENT PROJECT FUND #95-506. Memorandum from Community Resources Director Mary Rooney dated September 30, 1997.


This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to question if the City should pay the entire cost of the new scoreboard.


Community Resources Director Rooney responded to Council questions.


Proposed Action: To pay for the new scoreboard entirely from the City budget.

Motion Edgerton. The motion died due to the lack of a second.


Action: To approve the staff recommendation to:

  1. approve the request from the Hermosa Beach Youth Basketball League to share, on an equal basis, in the cost of a new scoreboard for the Community Center Gymnasium in an amount up to $1,500; and
  2. authorize the expenditure of up to $1,500 from the Park and Beach Improvement Project Fund #95-506.

Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote.


(h) RECOMMENDATION TO APPROVE THE REQUEST FROM THE UNITED STATES SURFING FEDERATION, A NON-PROFIT ORGANIZATION, TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH NORTH OF THE HERMOSA PIER, SUNDAY, NOVEMBER 23, 1997, FROM 7AM TO 4PM; WAIVE THE PER PARTICIPANT/SPECTATOR FEES; APPROVE THE EVENT CONTRACT; AND, AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. Memorandum from Community Resources Director Mary Rooney dated September 30, 1997.


This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to request that a band also be made available for the event.


Community Resources Director Rooney responded to Council questions.


Coming forward to address the Council on this item was:


George Pringle - event organizer, said that they would love to have a surf band at the event and would have asked that the event have music but that they did not want to complicate the request.


Proposed Action: To approve that Councilmember Edgerton work with Community Resources Director Rooney to include the music of a surf band with the event.

Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky.


Action: To approve the staff recommendation to:

  1. approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach north of the Hermosa Pier, Sunday, November 23, 1997 from 7 AM - 4 PM;
  2. waive the per participant/spectator fees;
  3. approve the event contract that includes the requirements listed as:
    • provide the City with a Certificate of Insurance in the amount of $1 million.
    • indemnify the City;
    • provide the City with copies of signed waiver forms from all event participants;
    • obtain a City amplification permit;
    • USSF to clean all areas occupied or affected by the event;
    • shall pay for any direct City staff costs associated with monitoring the event;
    • USSF to obtain written approval for the event from LA County Lifeguards;
    • abide by all of the City rules and regulations for special events; and
    • authorize the Mayor to sign the attached contract.

And, with the understanding that if the event organizers wished to include a surf band with the event, provided that it was at no cost to the City, the request would probably receive a favorable reception from the Council when it came before them.

Motion Mayor Reviczky, second Oakes. The motion carried by a unanimous vote.


(i) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated October 2, 1997.


Action: To approve the staff recommendation to deny the following claims and refer them to the City's Liability Claims Administrator :

1) Claimant: Frans R. Weigman

Date of Loss: 05/25/97

Date Filed : 09/17/9t

Allegation : Claimant alleges that placement of portable sign in the public right-of-way caused him to trip and fall resulting in injury.


2) Claimant: Robert Olsen

Date of Loss: 04/05/97

Date Filed : 10/01/9t

Allegation : Claimant alleges false arrest.


(j) RECOMMENDATION TO APPROVE AGREEMENT FOR RESCUE SERVICE FOR MARINE AND TERRESTRIAL WILDLIFE AT A COST OF ONE DOLLAR ANNUALLY AND DIRECT STAFF TO EXECUTE AGREEMENT ON BEHALF OF THE CITY. Memorandum from Police Chief Val Straser dated October 2, 1997.


Action: To approve the staff recommendation to

  1. approve the agreement with Wildlife Emergency Response (WER) for rescue and transportation service for marine and terrestrial wildlife at a cost of one dollar ($1.00) per year; and,
  2. direct staff to execute the agreement on behalf of the City.


(k) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE GENERAL/SUPERVISORY BARGAINING UNIT AND THE PROFESSIONAL AND ADMINISTRATIVE EMPLOYEE GROUP. Memorandum from City Manager Stephen Burrell dated October 9, 1997.


Action: To approve the staff recommendation to:

1) adopt Resolution No. 97-5883, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING UNIT.";

2) adopt Resolution No. 97-5884, entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE PROFESSIONAL AND ADMINIST-RATIVE EMPLOYEES GROUP."; and,

3) with the negotiated major changes as:

a) Term: July 1, 1997, through June 30, 2000;

b) Salary:

  • 3.5% increase retroactive to July 1, 1997;
  • 3.5% increase effective July 1, 1998;
  • 3.5% increase effective July 1, 1999;

c) fiscal impact of $128,000 for FY 97/98, noting that funding for this was budgeted.
2. CONSENT ORDINANCES: None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.


Items 1(b), (e), (g), and (h) 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: None


MUNICIPAL MATTERS:


4. SKATEBOARD TRACK: COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 29, 1997. Supplemental memorandum from Community Resources.


Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the supplemental memorandum showed that re-striping the parking lot would provide additional parking that in turn would make alternative three the more favorable site for the skateboard track.


Public participation opened at 8:33 P.M. Coming forward to address the Council on this item were:


Robert Aronoff - 124 The Strand, member of the skateboard park sub-committee, said that the Parks, Recreation and Community Resources Advisory Commission had been looking at this issue for over a year as there was a big demand for this type of recreational facility in the City; said that alternative no. three could produce visual blight if sound deadening walls were created; and said that the best site may not be among those offered tonight;

Roy Parker - 627 24th Place, said that none of the locations indicated by staff were very good as they were all too small for the anticipated use and could be a safety hazard if they were crowded; said that Huntington Beach had tried a skateboard park of approximately 5,000 square feet that was seldom used and then built a second track of 10,000 square feet that was highly used;

Josh Kurney - 1140 Sixth Street, suggested that the City remove the tennis courts and provide a larger skateboard track;

Jason Ezant - 1720 Nelson, Redondo Beach, agreed with the last speaker; said that a larger park was needed as a safety measure.


Public participation closed at 8:45 P.M.


Proposed Action: To approve the staff recommendation to:

  1. select site three on the Parking Lot just south of Tennis Courts five and six, east of Ardmore; and,
  2. direct staff to return with cost estimates and a feasibility plan for the selected site.

Motion Mayor Reviczky, second Bowler. The motion was withdrawn by the maker and the second.


Proposed Action: To use existing tennis courts five and six for the skateboard track and look at the feasibility of replacing the tennis courts elsewhere at the Community Center.

Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky.


After considerable discussion, the meeting recessed at the hour of 9:22 P.M.


The meeting reconvened at the hour of 9:52 P.M.


Action: To direct staff to return with cost estimates and a design that would use tennis court five (the easterly of the northern courts) as a skateboard track of approximately 8,000 square feet; replace tennis court five in the area next to the southerly portion of the existing courts; and replace the parking through re-striping and the development of the vacant lot.

Motion Oakes, second Bowler. The motion carried by a unanimous vote.


5. PEDICAB BICYCLE CARRIAGE PROPOSAL. Memorandum from Police Chief Val Straser dated October 1, 1997.


Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions saying that the contract would allow the City to reserve the right to change the route of the cabs for flexibility at the discretion of the Police Chief.


Public participation opened at 10:02 P.M. Coming forward to address the council on this item was:


Laura Roberts - pedicab operator, said that her company wished to try two cabs for one year on a trial basis; said that it would take two to three weeks for the cabs to be built and delivered; said that the cabs would operate seven days a week from 6:00 P.M. until midnight and would confine the route to the Strand, the Plaza and the Pier, with slight diversions to Hermosa Avenue such as "The Comedy and Magic Club"; responded to Council questions.


Public participation closed at 10:07 P.M.


Action: To approve the staff recommendation to:

  1. allow the use of a pedicab bicycle carriage service for a one-year trial period;
  2. restrict pedicab service to the downtown commercial zone and the Strand walkway; and,
  3. monitor the pedicab service through the Traffic Enforcement Bureau of the Police Department.

And, noting the contract flexibility referred to by the City Manager.

Motion Bowler, second Edgerton. The motion carried by a unanimous vote.


6. ADMINISTRATION OF CITY MUNICIPAL STORMWATER AND URBAN RUNOFF DISCHARGE PROGRAMS. Memorandum from Public Works Department dated October 6, 1997.


City Manager Burrell presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions.


Public participation opened at 10:15 P.M. Coming forward to address the council on this item were:


John Hunter - President of John L. Hunter and Associates, gave the background of his company and of the Stormwater and Urban Runoff Discharge Programs; said that he represented 20 cities including Torrance and Redondo Beach; said that his attendance at meetings resulted in the cost being divided between the 20 cities and resulted in only a few minutes charged to Hermosa Beach; said that his was the only company that did all of the activities listed in his report, including on-site inspections; and, responded to Council questions; and,

Sheila Kennedy - engineer with the company, spoke of the company's role at the meetings as that of attempting to minimize the requests made of the cities by the board; responded to Council questions.


Public participation closed at 10:40 P.M.


Proposed Action: To approve the staff recommendation to:

  1. continue to retain John L. Hunter and Associates, Inc. to perform and administer the City's Municipal Storm Water and Urban Runoff Discharge Programs; and,
  2. authorize expenditures of $30,240 from appropriated $75,000 Sewer Funds for NPDES program.

Motion Bowler, second Mayor Reviczky. The motion failed due to the dissenting votes of Benz, Edgerton and Oakes


Action: To direct staff to work with the consultants to develop a grid that would show the actual required activities and a breakdown of the amount of hours spent on each activity and to return with this information on a future agenda.

Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Reviczky.


7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. REPORT OF RESULTS OF LAWSUIT BETWEEN KEEP HERMOSA BEAUTIFUL AND CITY OF HERMOSA BEACH. Oral report by City Attorney Michael Jenkins.


City Manager Burrell presented the report, saying that the lawsuit had cost the City $20,000, and responded to Council questions.


There was no action taken.


b. INITIATIVE PROHIBITING THE USE OF PRIVATE DESIGN PROFESSIONALS ON STATE PROJECTS OR PROJECTS INCLUDING STATE FUNDS. Memorandum from City Manager Stephen Burrell dated September 25, 1997.


City Manager Burrell presented the staff report and responded to Council questions.


Action: To approve the staff recommendation to adopt Resolution No. 97-5885, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH OPPOSING THE 'GOVERNMENT COST SAVINGS AND TAXPAYERS PROTECTION AMENDMENT'."

Motion Edgerton, second Oakes. The motion carried by a unanimous vote.


City Manager Burrell also reported that he had met with Los Angeles County Department of Beaches and Harbors as part of the City's "El Nino" response and that the County will provide additional sand berms, at no cost to the City, starting between Tenth Street and the Pier, then south to Herondo, and finally for the northern section of the beach.


8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None


9. OTHER MATTERS - CITY COUNCIL: None


CITIZEN COMMENTS


Coming forward to address the Council at this time was:


John Burt - 1152 Seventh Street, spoke regarding item 2 on written communication, said that he was in favor of keeping the oil contract; and said that the pedicab company should not be allowed to use the sidewalk, only the streets.


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


1. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(b)


a. THREATENED LITIGATION BY UNISPEC CONSTRUCTION CONCERNING LOWER PIER AVENUE PROJECT.


2. CONFERENCE WITH LABOR NEGOTIATOR : Pursuant to Government Code Section 54957.6


City Negotiator: Stephen Burrell


Employee Organizations:

Hermosa Beach Police Officers Association

Hermosa Beach Firefighters' Association

Hermosa Beach Management Association


ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 16, 1997, at the hour of 11:25 P.M. to a closed session.


RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:31 P.M. At the hour of 11:59 P.M. the Closed Session adjourned to the Adjourned Regular Meeting .


ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement.


ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 16, 1997, at the hour of 11:59 P.M. to the Regular Meeting of Tuesday, October 28, 1997, at the hour of 7:10 P.M.


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