City Council Minutes January 14, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, January 14, 2003, at the hour of 7:20 P.M.

PLEDGE OF ALLEGIANCE

Cub Scout Pack 860

ROLL CALL

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

ANNOUNCEMENTS

Mayor Edgerton asked that the meeting be adjourned in memory of Joe Cartwright who recently lost his valiant battle with cancer and who would be missed as one of the most individualistic persons he had ever known and an inspiration for many.

Councilmember Dunbabin wished all a Happy New Year; shared her plans to develop a calendar with City photographs similar to ones she had seen for other locales; and announced the new season of plays at the Community Center with a preview performance on January 21 and opening night on January 24.

Mayor Pro Tempore Keegan announced the Household Hazardous Waste Roundup in Hermosa Beach on January 25 from 9 A.M. to 3 P.M. on Valley Drive across from the Clark Building, giving residents the opportunity to safely dispose of paint, cell phone batteries, etc.

Councilmember Reviczky noted the success of this year's annual Beach Cities Toy Drive; thanked those who sponsored, donated to, or assisted with the event; listed the charities that received the gifts; and read a letter of appreciation from Sister Ann Kelly at Good Shepherd's Women's Shelter, one of the recipient groups.

Councilmember Reviczky discussed potential impacts to the City due to the State budget crisis, noting that suspension of Vehicle License Fee funding to cities would result in the loss of about $1 million to Hermosa Beach; that taxpayers earning $250,000 or more would experience a tax increase; and that services once provided by the State would become the City's responsibility. He also noted that new laws had removed zoning control from local government and increased the statute of limitations for personal injury lawsuits from one to two years. He urged everyone to write to their State legislators to protest these changes.

Mayor Edgerton expressed appreciation to the Hermosa Beach Fire Department for assisting in putting out a fire in Malibu through the Shared Systems Program.

PRESENTATIONS:

Mayor Edgerton presented certificates of recognition to the following members of the Hermosa Beach Education Foundation for their assistance in raising funds and successfully promoting Measure J: Steve Canella, Lisa Ryder-Moore, Jennifer Alvarado, Jennifer Rosenfeld, and (not present) PTO President Janine Bozeman.

Mayor Edgerton presented a Certificate of Recognition to Boy Scout Troop 4673 for selfless efforts on behalf of the City, noting that the Boy Scouts of America organization was founded in 1910 with one of its major objectives to encourage citizenship through community involvement.

Councilmember Reviczky explained that Troop 4673 had completed the very difficult task of filling hundreds of sandbags that were made available in the City Hall parking lot to residents for use during the rainy season.

A Certificate of Recognition to V.O.S.H. and the Hermosa Beach Sister City Association was continued to the next meeting.

CLOSED SESSION REPORT FOR MEETING OF DECEMBER 10, 2002: No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications this evening.

    Coming forward to address the Council at this time was:

    Betty Ryan
    - Hermosa Beach, representing the Hermosa Beach Garden Club and Woman's Club, explained the dangerous condition of the Clark Building stove, which is beyond repair, and asked the Council to place the purchase of a new stove in the next City budget.

    Action: To place this item on the next Council agenda to appropriate funds for a new stove.
    Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    Continuing to come forward to address the Council at this time was:

    Blair Smith
    - Hermosa Beach, described and provided literature regarding a safety hazard related to the renovation of Valley Park with regard to the use of logs (used to define areas) treated with a wood-preserving substance containing arsenic, which would be banned at the end of this year.

    Action: To direct staff to investigate.
    Motion Mayor Edgerton, second. The motion carried by a unanimous vote.

    Continuing to come forward to address the Council at this time was:

    Jim Lissner
    - Hermosa Beach, suggested that immediate steps be taken before the logs were installed. (Council consensus, in addition to investigating the potential hazard, was to direct City Manager Burrell to contact the contractor the following morning to stop the installation of these logs immediately.)
  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (h) Dunbabin, (i) Keegan, (l) Dunbabin, and (n) Yoon.
    Motion Yoon, second Dunbabin. The motion carried by a unanimous vote.

    At 7:50 P.M., the order of the agenda was suspended to go to public hearing 5a.

    1. Recommendation to approve the following minutes:

      1. Minutes of the Adjourned Regular meeting held on December 9, 2002;
      2. Minutes of the Adjourned Regular meeting held on December 10, 2002; and,
      3. Minutes of the Regular meeting held on December 10, 2002.

      Action: To approve as presented the City Council minutes of the Adjourned Regular meetings of December 9 and December 10, 2002 and the Regular meeting of December 10, 2002.

    2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

      Action: To ratify the check register, as presented.

    3. Recommendation to receive and file Tentative Future Agenda Items (PDF File).

      Action: To receive and file Tentative Future Agenda Items, as presented.

    4. Recommendation to receive and file the November 2002 financial reports:

      1. Revenue and expenditure report (PDF File);
      2. City Treasurer's report (PDF File); and,
      3. Investment report (PDF File).

      Action: To receive and file the November 2002 financial reports, as presented.

    5. Recommendation to receive and file report on proposed General Plan update work scope. Memorandum from Community Development Director Sol Blumenfeld dated December 18, 2002 (PDF File).

      Action: To receive and file report on proposed General Plan update work scope, as recommended by staff.

    6. Recommendation to adopt resolution approving Final Map #25982 for a 2?unit condominium project at 644 10th Street. Memorandum from Community Development Director Sol Blumenfeld dated January 2, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 02-6244, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP #25982 FOR A TWO?UNIT CONDOMINIUM PROJECT AT 644 10TH STREET."

    7. Recommendation to adopt resolution approving Final Map #26479 for a 2-unit condominium project at 153 Lyndon Street. Memorandum from Community Development Director Sol Blumenfeld dated January 2, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 02-6245, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP #26479 FOR A TWO?UNIT CONDOMINIUM PROJECT AT 153 LYNDON STREET.

    8. Recommendation to accept the work by Edessa Construction for Project No. CIP 01-628, Community Center Improvements - Painting; authorizing the Mayor to sign the Notice of Completion; and, and authorize Staff to release payment to Edessa Construction. Memorandum from Public Works Director Harold Williams dated December 24, 2002 (PDF File).

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

      Public Works Director Williams responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Accept the work by Edessa Construction for Project No. CIP 01-628, Community Center Improvements - Painting;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize staff to release payment to Edessa Construction.

      Motion Yoon, second Dunbabin. The motion carried with a unanimous vote.

    9. Recommendation to award Construction Contract for CIP 00-411, Sewer and Street Improvements - Target Area 1, to Sialic Contractors dba Shawnan of Downey, California, based on their lowest responsible bid of $731,997.50; 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 within the contingency of $73,200. Memorandum from Public Works Director Harold Williams dated December 26, 2002 (PDF File).

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

      Public Works Director Williams responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Award Construction Contract for CIP 00-411, Sewer and Street Improvements - Target Area 1, to Sialic Contractors dba Shawnan of Downey, California, based on their lowest responsible bid of $731,997.50;
      2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $73,200.

      Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.

    10. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated December 31, 2002 (PDF File).

      Action: To receive and file status report of capital improvement projects that are either under design or construction, as recommended by staff.

    11. 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 November 26, 2002 (PDF File).

      Claimant Parrish, Geoff
      Date of Loss 12-01-02
      Date Filed 12-02-02

      Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff.

    12. Recommendation to award Construction Contract for CIP 00-410 & 00-192, Loma Area Sewer and Street Improvements, to Sialic Contractors dba Shawnan of Downey, California, based on their lowest responsible bid of $1,328,805,80; 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 within the contingency of $133,000. Memorandum from Public Works Director Harold Williams dated December 23, 2002 (PDF File).

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

      Public Works Director Williams responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Award Construction Contract for CIP 00-410 & 00-192, Loma Area Sewer and Street Improvements, to Sialic Contractors dba Shawnan of Downey, California, based on their lowest responsible bid of $1,328,805,80;
      2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $133,000.

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

    13. Recommendation to award purchase of a new Ingersoll-Rand Portable Compressor with hoses and pavement breakers to Ingersoll-Rand Equipment Sales of Los Angeles, California, in the amount of $13,724.86 and authorize Staff to issue the appropriate purchase documents as required. Memorandum from Public Works Director Harold Williams dated December 30, 2002 (PDF File).

      Action: To approve the staff recommendation to award purchase of a new Ingersoll-Rand Portable Compressor with hoses and pavement breakers to Ingersoll-Rand Equipment Sales of Los Angeles, California, in the amount of $13,724.86 and authorize Staff to issue the appropriate purchase documents as required.

    14. Recommendation to award contract for Sanitary Sewer Maintenance and Video Inspection to Empire Pipe Cleaning and Equipment, Inc., in the amount of $312,500.00 for 29 months; appropriate $11,930.00 from the Sewer Replacement Fund for FY 2002-03 for the first year cost ($1,800.00 cost and $10,130 contingency cost); and, authorize the Director of Public Works to make changes to the contract amount not to exceed $31,250.00. Memorandum from Public Works Director Harold Williams dated December 31, 2002 (PDF File).

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

      Public Works Superintendent Flaherty responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Award contract for Sanitary Sewer Maintenance and Video Inspection to Empire Pipe Cleaning and Equipment, Inc., in the amount of $312,500 for 29 months;
      2. Appropriate $11,930 from the Sewer Replacement Fund for FY 2002-03 for the first year cost ($1,800 cost and $10,130 contingency cost); and
      3. Authorize the Director of Public Works to make changes to the contract amount not to exceed $31,250.

      Motion Yoon, second Reviczky. The motion carried with a unanimous vote.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(h), (i), (l) and (n) 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

    1. CONSIDERATION FOR APPROVAL OF 9TH ANNUAL ST. PATRICK'S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 15, 2003 AND SUNDAY, MARCH 16, 2003. Memorandum from Community Resources Director Mary Rooney dated January 9, 2003 (PDF File).

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

      The public hearing opened at 7:55 P.M. Coming forward to address the Council on this item were:

      J. Travers Divine
      - St. Patrick's Day Weekend Committee co-chair, described changes to the event such as calling car owners early and relocating the stage for protection from the wind; responded to Council questions; and
      Carla Merriman
      - Executive Director of the Hermosa Beach Chamber of Commerce expressed Chamber support for this two-day event.

      The public hearing closed at 8:06 P.M.

      Action: To adopt staff recommendation to:

      1. Approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their annual Saint Patrick's Day Parade on March 15, 2003;
      2. Approve the event contract and street closures as requested.
      3. Approve fee waiver/funding requests as outlined in the staff report.

      Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote of Councilmember Dunbabin.

    2. APPEAL OF THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE GENERAL ALCOHOL; NON-AMPLIFIED LIVE ENTERTAINMENT; A TAKE-OUT FOOD SERVICE WINDOW; TO ADD BAR SEATING IN THE PATIO AREA IN CONJUNCTION WITH AN EXISTING RESTAURANT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, SCOTTY'S. Letter from applicant Peter Mangurian dated January 7, 2003 requesting a continuance.

      Action: To continue the public hearing, as requested by the applicant, to the Council meeting of February 25, 2003.
      Motion Reviczky, second Keegan. The motion carried with a unanimous vote.

    3. APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN AMENDMENT TO RECONFIGURE AN EXISTING RESTAURANT WITH ON-SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT AND OUTDOOR DINING AT 1301 MANHATTAN AVENUE, EIN STEIN'S. Memorandum from Community Development Director Sol Blumenfeld dated December 18, 2002 (PDF File).

      Director Blumenfeld presented the staff report and responded to Council questions, noting that the applicants were requesting a change from the Planning Commission decision that would allow all patios to be open until 12:30 A.M.

      The public hearing opened at 8:37 P.M. Coming forward to address the Council on this item were:

      Allen Sanford
      - applicant, representing Philia 5 Group, LLC, said he appreciated the opportunity to provide more detailed plans about the operation, to clear up a miscommunication, and to request another change; explained that the remodel and renovation of the property would result in the April opening of the Union Cattle Company, a steak/chop house;
      Jed Sanford
      - applicant, said the requested modification to increase all patio hours to 12:30 A.M. when the kitchen will close, would increase the chance of success for the restaurant since the patios made up 51% of their seating capacity and provided aesthetic appeal, noting that walls around the patios would attenuate noise; said they intended to enclose the lowest patio with a roof as an option to be phased in later, not a requirement;
      Don Behrens
      - acoustical engineer for the project, explained that the applicants had not requested a full-blown analysis but only attenuation potential with proposed mitigation; said the walls alone should result in considerable noise reduction;
      Jed Sanford
      - said an acoustical study had not been required by the City but they were being pro-active to reduce noise; did not believe that people on the patio created a noise problem, but said the proposed walls would reduce any noise; cited three other proposed noise mitigation factors: (1) creation of a vestibule (two sets of doors) at the front entrance, (2) an interior waiting area, and (3) signage inside and outside to remind patrons to be courteous to the neighbors; said other positive factors included the conversion from a club to a restaurant, replacement of heavy bass club music, and no amplification of music on the patios;
      Rick Koenig
      - Hermosa Beach, said he had been hired to renovate the property; stated that, as someone who knows the plans well and is a resident of the immediate neighborhood, he supported this restaurant which he planned to patronize and thought it would be quieter than the current establishment;
      James McClure
      - Hermosa Beach, said his business was a block and a half from this location; said he welcomed a restaurant to enjoy American food with his wife, which would provide a change from the nearby bars and foreign food restaurants;
      Gary Valleriani
      - said he an his wife supported this restaurant which he felt would bring diversity and attract people to come to the exciting community of Hermosa Beach to work, play, and spend money; said he knew the Sanfords to be the kind of people who would be good for the community;
      Steven Jones
      - Redondo Beach, said he had designed three dozen restaurants in 20 states and felt that the sound attenuation measures would be effective; asked the Council to give them every chance to establish a successful business, noting that the Council would still have the authority to close the business in the event of CUP violations;
      Bill Soloman
      - Hermosa Beach, supported the applicants' venture to improve this location to a restaurant from a bar; said it would be the type of quality restaurant which would be good for the community and which he and his wife planned to frequent;
      Greg Menroph
      - Hermosa Beach, said one of the applicants used to work for him and that, through him, he met the other members of the group, which he felt had the respect and responsibility to operate a successful business, which would be an asset to the community;
      Ian McDonnelly
      - Hermosa Beach, supported the project; said he had known the applicants for 15 years, having grown up with them, and could vouch for their character; said that, as a younger professional, he spent most of his time in Manhattan Beach but would welcome a place to get a good steak in Hermosa Beach;
      Carla Merriman
      - representing the Hermosa Beach Chamber of Commerce, spoke in support of the project, noting that Hermosa Beach currently lacked a high quality American food restaurant that catered to families; said that there was always concern from neighborhoods about the sound of talking and car alarms as people walked back to their cars; spoke of the possibility for valet parking at the St. Cross Episcopal Church, which would also benefit the church;
      Sandy Rohrbach
      - Hermosa Beach resident and business owner, said that as a parent to small children, she welcomed a restaurant for kids that offered more than hamburgers and would allow the children to have fun riding the mechanical bull;
      J. Travers Divine
      - Hermosa Beach, supported the idea of a family steak house, calling it an improvement for the neighborhood from the current business; said their business plan looked exceptional; urged the Council to give them every consideration;
      Bill Brock
      - Hermosa Beach, a local businessman, said that every new enterprise involved risk and this investment was considerable; urged the Council to avoid increasing the odds of failure with unfair restrictions or assumptions;
      Jim Geirlich
      - Hermosa Beach, said his home was about 150 yards from the property, said bars and restaurants had always been a part of the Hermosa Beach scene during the 40 years he had been a resident; said the applicants were offering the opportunity to upgrade the business currently in this location;
      Jim Lissner
      - Hermosa Beach, said he asked the applicants if they knew of another family restaurant which had a mechanical bull and they did not; pointed out that the applicants, as operators of Patrick Malloy's, had no experience running a family restaurant; questioned how a mechanical bull would contribute to the atmosphere of a quality family restaurant; expressed concern that the applicants would request a release of some of the conditions in the future; felt that it was an insult to Hermosa Beach intelligence to believe this would not become a club and once that happened, the City would be stuck with it; suggested that noise reduction would be accomplished only with a reduction in the hours of operation;
      Jim Lapoint
      - Hermosa Beach, said that his bedroom was 40 feet from this location and, from what he knew of the applicants, he was confident that they would do what they say they would; said the safeguard of the six-month review would reinforce that and the City would have the ability to enforce CUP violations; and
      Jean Greer
      - Hermosa Beach, said that she would like a good steak in town; did not feel that noise from the patio would be a problem because the sounds project toward the ocean and because of the eight-foot walls.

      The public hearing closed at 9:17 P.M.

      Action: To approve the staff recommendation to adopt Resolution No. 03-6246, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DECISION, UPON RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN, AS AMENDED, TO RECONFIGURE THE FLOOR PLAN, AND TO ALLOW GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH LIVE ENTERTAINMENT AND OUTDOOR DINING, AT 1301 MANHATTAN AVENUE, AND LEGALLY DESCRIBED AS LOTS 16, 17 AND 23, TRACT 1125, AND LOTS 18 AND 19, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT," revised as follows:

      1. Interior and exterior building alterations and the continued use and operation of the restaurant shall be substantially consistent with the plans submitted and reviewed by the Planning Commission on December 4, 2002, except that the lowest level patio may not be enclosed with a roof;
      2. Outdoor dining, seating and any use of the outdoor patio areas shall not be allowed later than 12:30 A.M.;
      3. Signs shall be posted at the restaurant entry and on the outdoor patios requesting customers to "please be courteous to neighbors";
      4. A doorman shall be stationed at the front entry between the hours of 10:00 P.M. and 2:15 A.M. on Friday and Saturday nights to monitor activity in the front of the restaurant and to make sure the door is not left open; and
      5. The Planning Commission shall review the operation of the restaurant and the parking facility for compliance with conditions of approval and compliance with the Noise Ordinance six months from the opening of the new restaurant, and one year thereafter, and in response to any complaints.

      Motion Keegan, second Mayor Edgerton. The motion carried, with Councilmember Dunbabin dissenting.

  6. The meeting recessed at 10:15 P.M.
    The meeting reconvened at 10:30 P.M., at which time the order of the agenda was suspended to hear Item 6b, then 6a and 6c.

  7. MUNICIPAL MATTERS

    1. 2001-02 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) (INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum from Finance Director Viki Copeland dated December 18, 2002 (PDF File).

      Finance Director Copeland presented the staff report and responded to Council questions.

      Action: To receive and file the 2001-02 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci, Cropper and Larson, the City's independent auditors.
      Motion Reviczky, second Councilmember Dunbabin. The motion carried by a unanimous vote.

    2. PRESENTATION BY SOUTHERN CALIFORNIA EDISON ON STATUS OF PLANS FOR THE SEVERAL UNDERGROUND PROJECTS.

      City Manager Burrell responded to Council questions.

      Coming forward to address the Council on this item were:

      Scott Gobble
      - Southern California Edison who provided a progress report on three undergrounding projects; described plans to improve the process; responded to Council questions; and
      Tony Mathis
      - Manager of Underground Projects, explained that he was responsible for a group of project engineers who handled underground conversions paid for by rate payers; said he worked closely with cities from start to finish assuring economic efficiency and schedule; responded to Council questions.

      Action: To receive and file.
      Motion Dunbabin, second Mayor Edgerton. The motion carried by a unanimous vote.

    3. PETITION FOR INSTALLATION OF SPEED HUMPS ON LOMA DRIVE BETWEEN 8TH STREET AND PIER AVENUE. Memorandum from City Manager Stephen Burrell dated January 9, 2003 (PDF File).

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

      On the advice of City Attorney Jenkins, Mayor pro Tempore Keegan exited Council Chambers to avoid a potential conflict of interest since he lives on Loma Drive.

      Proposed Action: To send this request to the Public Works Commission, to hear public testimony and to shape criteria for installing speed humps.
      Motion Mayor Edgerton, second Yoon. The motion failed, noting the dissenting votes of Councilmembers Reviczky and Dunbabin, and the temporary absence of Mayor pro Tempore Keegan.

      Mayor pro Tempore Keegan returned to Council Chambers.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. ALLOCATION OF TYCO FUNDS. Memorandum from City Manager Stephen Burrell dated January 9, 2003 (PDF File).

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

      Action: To allocate Tyco funds of $1.1 million to the Capital Improvement Fund to be allocated once bids are received for the Pier Phase III Project; and from these funds, approve $275,000 for resurfacing Second Street from the Strand to Pacific Coast Highway, and $115,000 to re-surface Monterey from Herondo to Fourth Street.
      Motion Mayor Edgerton, second Dunbabin. The motion carried by a unanimous vote.

    2. CHANGE DATE OF SPECIAL MEETING WITH PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION TO MONDAY, FEBRUARY 10, 2003. Memorandum from City Manager Stephen Burrell dated January 8, 2003 (PDF File).

      Action: To reschedule the joint meeting with the Parks, Recreation and Community Resources Advisory Commission to April, with the date to be determined later.
      Motion Yoon, second Mayor Edgerton. The motion carried by a unanimous vote.

    3. NOTICE OF PROPOSED INCREASE IN GAS RATES - INFORMATION ITEM. Memorandum from City Manager Stephen Burrell dated January 8, 2003 (PDF File).

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

      Action: To send a letter signed by the Mayor on behalf of the City to protest the increase.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  10. OTHER MATTERS - CITY COUNCIL

    1. Request from Mayor Edgerton to amend the Municipal Code Section 17.52.030 by eliminating the provision that allows for expansion of existing nonconforming residential uses in commercial zones.

      Action: To agendize this subject.
      Motion Mayor Edgerton, second Yoon.

    2. Councilmember Yoon suggested that the Council hold a joint meeting with the Civil Service Board to discuss complaints regarding City staff and procedures.

      Proposed Action: To hold said joint meeting.
      Motion Yoon, second Mayor Edgerton.

      City Manager Burrell advised that this was not the function of the Civil Service Board; that their task was to administer the Civil Service Ordinance.

      Councilmember Yoon withdrew his motion but asked City Manager Burrell to give the matter some thought and advise the proper forum for this discussion.

    3. Mayor Edgerton requested that the issue of speed humps be agendized.

      Action: To agendize the subject of speed humps for a future Council meeting.
      Motion Mayor Edgerton, second Yoon.

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

  1. MINUTES:

    Approval of minutes of Closed Session meeting held on December 9, 2002.

  2. CONFERENCE WITH LEGAL COUNSEL

    The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

    Existing Litigation: Government Code Section 54956.9(a)
    1. Name of Case: City of Hermosa Beach v. City of Redondo Beach
      Case Number: BS075570
    2. Name of Case: Baas v. City of Hermosa Beach
      Case Number: YC042220
  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

ADJOURNMENT TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Joe Cartwright on Tuesday, January 14, 2003, at the hour of 11:55 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 12:02 A.M. At the hour of 12:40 A.M., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

There were no decisions made requiring a public announcement.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 15, 2003, at the hour of 12:41 A.M. to a Regular Meeting on Tuesday, January 28, 2003, at the hour of 7:10 P.M