City Council Minutes January 8, 2002 - Hermosa Beach

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MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 8, 2002, at the hour of 7:15 P.M. in the City Hall Second Story Conference Room.

PLEDGE OF ALLEGIANCE

Cub Scout Eagles Color Guard

ROLL CALL

Present: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin
Absent: None

ANNOUNCEMENTS

Councilmember Yoon (1) commented on the Hermosa Beach and Manhattan Beach skating champions currently competing for the Olympics; (2) expressed appreciation to the members of the nonprofit groups who worked together to resolve an issue regarding the banner program; (3) announced that he would be available to meet with the public every Monday from 7 to 9 P.M. at Java Man; (4) commented on the upcoming telethon to benefit the Arts Foundation; (5) asked staff if a meeting had been scheduled yet with Verizon Wireless with regard to the tower (City Manager Burrell said the project was currently under a stop-work order and notice would be given when the meeting was scheduled); and (6) asked about the body found on 30th Place, noting resident concerns (Police Chief Lavin said that the investigation was being handled by the County Homicide Bureau, the victim had been identified, it had been determined that the murder did not occur at the site, and there were some potential suspects).

Councilmember Reviczky commented on the success of the Beach Cities Toy Drive, saying there were more toys than last year, which were given to ten charitable organizations for distribution to needy children. He said the generosity of the community was overwhelming, and the thank you letters were always heartwarming. Mayor Dunbabin thanked Councilmembers Edgerton and Reviczky and the rest of the committee for their hard work on this annual event.

Councilmember Edgerton spoke of the success of the New Year's Eve event, saying it was a great evening. Mayor Dunbabin concurred and thanked the Police, Fire, Public Works, and Parks and Recreation departments for a great job making it a safe and very enjoyable event.

Mayor Dunbabin (1) introduced and welcomed Jerry Gomez, the new Assistant Fire Chief; (2) announced the Pier Design workshop scheduled for 7 P.M. Thursday, January 17, at the Community Center; (3) announced that the production of "Late Nite Catechism" would begin January 17 in Room 7 of the Community Center with weekly performances at 8 P.M. Thursday through Saturday and 2 P.M. Sunday matinees; (4) announced that the next Economic Development Committee meeting would take place January 16 at the Community Center; and (5) announced that the next Hazardous Waste pick-up would take place January 26 on Valley Drive between Eighth and 14th streets in Hermosa Beach.

Councilmember Reviczky requested moving agenda item 9.a. forward to follow oral communications as there were people in the audience wishing to address the issue.

Action: To move item 9.a. forward in the agenda to follow oral communications.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

CLOSED SESSION REPORT FOR MEETING OF DECEMBER 11, 2002: No reportable actions.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Roger Bacon - 1100 Pacific Coast Highway, presented Education Foundation co-presidents Jennifer Alvarado and Lisa Rider Moore a check for $7,729 from Peyton Cramer Ford for the banner program; thanked the Sister City Association for postponing its banner;

Jennifer Alvarado - thanked the Sister City Foundation for graciously postponing its banner to accommodate the needs of the Education Foundation;

Lisa Rider Moore - thanked City Manager Burrell, Dick McCurdy and the Sister City Association for working with the Foundation on the issue, and Roger Bacon for all his hard work;

John Bowler - Hermosa Beach, requested that the Council reconsider its December 11 decision to not approve veterans' preference in hiring as allowed by Senate Bill 36; said the Country sends the military off when needed and that the veterans sometimes need assistance when they return; said the issue deserved a more thorough hearing;

Steve Crecy - Hermosa Beach, said SB 36 required cities to deal with the issue by the end of 2001; said new information could be brought before the Council that was not considered at the previous meeting; said many neighboring cities had veterans' preference; said this was not an affirmative action issue, that it was giving credit for the skills and service that veterans have performed and would help the people serving today; and

Jerry Yamamoto - president, Vietnam Veterans of America, South Bay Chapter 53, said the many sacrifices made by all service men and women include giving up or postponing their careers and suffering career setbacks as a result.

Action: To agendize for a future meeting reconsideration of implementing a veterans' preference system in Civil Service employment examinations.
Motion Reviczky, second Yoon. Carried with the required two members in support.

City Manager Burrell asked the veterans' group to submit any written material they wish to include and said he would gather information as requested by Council. He noted that the City's Civil Service Code was enacted by the voters and any change to that Code would require a vote of the people. He said he would report back on that issue as well.

At 7:44 P.M., the order of the agenda was suspended to go to item 9.a.

  1. WRITTEN COMMUNICATIONS

    1. Letter from Jim Lissner regarding ABC license application at 1301 Hermosa Avenue, Alfredo's. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to his letter. Action: To receive and file the letter. Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
    2. Letter from Hermosa Beach Little League regarding Clark Field restroom improvements. City Manager Burrell and Public Works Supervisor Flaherty responded to Council questions. Action: To direct staff to report back on the cost of fixing the Clark Field restrooms as well as any others that need doors installed, etc. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
    3. Letter from Jim Lissner regarding televising Council and other official City meetings. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to his letter. City Manager Burrell responded to Council questions. Proposed Action: To direct staff to write a letter to the State Assembly requesting the exemption of applicant interviews from the Brown Act. Motion Yoon. The motion died for lack of a second. Action: To receive and file the letter. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote by Keegan.
    4. Letter from Henry Cunningham regarding complaints related to the downtown Pier Plaza area. Coming forward to address the Council on this item was: Henry Cunningham - Hermosa Beach, spoke to his letter Action: Mayor Dunbabin, with the consensus of the Council, directed the City Manager to respond to Mr. Cunningham's concerns and report back.

  2. CONSENT CALENDAR:

    Coming forward to address the Council at this time was: Jim Lissner - Hermosa Beach, requested that item 2(d) be removed from the consent calendar for separate discussion later in the meeting.

    Action: To approve the consent calendar recommendation (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: (d) Mayor Dunbabin for Jim Lissner, (e) Keegan, (f) Reviczky, (g) Keegan, and (j) Keegan. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    1. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
      1. Adjourned Regular meeting held on December 5, 2001; and
      2. Regular meeting held on December 11, 2001.

      Action: To approve as presented the minutes of the Adjourned Regular meeting of December 5, 2001, and the Regular meeting of December 11, 2001.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 27420 THROUGH 27680, NOTING VOIDED CHECK NOS. 27510, 27601 AND 27633, AND TO APPROVE CANCELLATION OF CHECK NOS. 26781, 27187, 27553 AND 27579 AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register as presented.

    3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

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

    4. RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2001 FINANCIAL REPORTS:
      1. Revenue and expenditure report;
      2. City Treasurer's report; and
      3. Investment report.

      Supplemental letter from Jim Lissner dated January 7, 2002, concerning the investment policy.

      This item was removed from the consent calendar by Mayor Dunbabin at the request of Jim Lissner for separate discussion later in the meeting.

      Coming forward to address the Council on this item was:

      Jim Lissner - Hermosa Beach, addressed the investment concerns addressed in his letter.

      City Treasurer Workman responded to Mr. Lissner's concerns, saying LAIF was originally established for cities with small portfolios and offered both safety and liquidity.

      Action: To receive and file the November 2001 Financial Reports as presented.
      Motion Mayor Dunbabin, second Edgerton. The motion carried by a unanimous vote.

    5. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Harold Williams dated December 18, 2001.

      This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.

      Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      Action: To receive and file the report reporting on the status of capital improvement projects that are either under design or construction.
      Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO ACCEPT DONATION OF $200 FROM HAWTHORNE SAVINGS TO BE USED FOR THE TREE LIGHTING CEREMONY . Memorandum from Finance Director Viki Copeland dated December 24, 2001.

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donor.

      Action: To accept the donation of $200 from Hawthorne Savings for the tree lighting ceremony.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    7. RECOMMENDATION TO APPROVE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 00-172, 21ST STREET IMPROVEMENTS, AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated December 11, 2001.

      This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.

      Public Works Director Williams presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to:
      1. Approve plans, specifications, estimates, order the work and call for bids for Project No. CIP 00-172, 21st Street improvements, and
      2. Instruct the City Clerk to post a notice inviting sealed bids for said project. Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
    8. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 26, 2001.

      Claimant: Egon F. Zwierlein
      Date of Loss: 06/27/01
      Date Filed: 12/20/01

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

    9. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 4, 2001.

      Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2001.

    10. RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR PROJECT NO. CIP 01-628, COMMUNITY CENTER IMPROVEMENTS – PAINTING, TO EDESSA CONSTRUCTION OF ANAHEIM IN THE AMOUNT OF $142,800; APPROVE ADDITIONAL APPROPRIATION OF $45,000 FROM THE PARK & RECREATION FUND (125) FOR THIS PROJECT; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY NOT TO EXCEED $15,000. Memorandum from Public Works Director Harold Williams dated December 18, 2001.

      This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.

      Subcommittee members Mayor Dunbabin and Councilmember Keegan reported on this item, noting that the paint selection would come before the Council at its meeting of February 26, 2002.

      Action: To approve the staff recommendation to:

      1. Award the construction contract for Project No. CIP 01-628, Community Center Improvements – Painting, to Edessa Construction of Anaheim in the amount of $142,800;
      2. Approve additional appropriation of $45,000 from the Park & Recreation Fund (125) for this project;
      3. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
      4. Authorize the Director of Public Works to make minor changes as necessary not to exceed $15,000. Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
    11. RECOMMENDATION TO RECEIVE AND FILE STAFF REPORT REGARDING THE COMMERCIAL BANNER PROGRAM. Memorandum from City Manager Stephen Burrell dated January 3, 2002.

      Action: To receive and file the staff report regarding the commercial banner program, as recommended by staff.

  3. CONSENT ORDINANCES

    None
  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(d), (e), (f), (g), and (j) 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.

  5. PUBLIC HEARINGS

    - None

  6. MUNICIPAL MATTERS

    1. 2000-01 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) (INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum from Finance Director Viki Copeland dated December 18, 2001.

      Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said staff would report back on the insurance fund during the mid-year budget review.

      Coming forward to address the Council on this item was:

      Gary Caporicci - auditor with Caporicci, Cropper and Larson, responded to Council questions, suggesting a reserve fund of 25 percent.

      Action: To approve the staff recommendation to receive and file the 2000-01 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci, Cropper and Larson, the City's independent auditors.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. PROPOSITION 42: TRANSPORTATION CONGESTION IMPROVEMENT ACT – MARCH 5, 2002 STATEWIDE BALLOT. Memorandum from City Manager Stephen Burrell dated December 27, 2001.

      City Manager Burrell presented the staff report and responded to Council questions, saying he was not aware of what organizations might be opposed to the proposition.

      Action: To take a position supporting the passage of Proposition 42. Motion Edgerton, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Yoon.

    2. SPECIAL MEETINGS PROPOSED SCHEDULE. Memorandum from City Manager Stephen Burrell dated January 2, 2002.

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

      Action: To direct staff to schedule a meeting on February 25, 2002 for the final review of Valley Park and another on March 4, 2002 for the Goals workshop.
      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    - None

  9. OTHER MATTERS - CITY COUNCIL

    1. Request by Councilmember Reviczky to write a letter to President Bush urging support for reinstatement of the National Defense Service Medal for all active duty personnel.

      Councilmember Reviczky spoke to his request.

      Coming forward to address the Council on this issue was:

      Steve Crecy - Hermosa Beach, said the service medal program was created in 1956 by President Eisenhower and had since been given out for almost every conflict.

      Action: To write a letter to President Bush urging support for reinstatement of the National Defense Service Medal for all active duty personnel.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

At 7:47 P.M., the order of the agenda returned to Written Communications item 1.a.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 8, 2002, at the hour of 9:37 P.M. to an Adjourned Regular Meeting of Tuesday, January 15, 2002, at the hour of 7:00 P.M. in the City Hall First Floor Conference Room for the purpose of interviewing Commission applicants.

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