City Council Minutes February 12, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 12, 2002, at the hour of 7:13 P.M.

PLEDGE OF ALLEGIANCE

Cub Scout Pack 860 - Color Guard

ROLL CALL

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

ANNOUNCEMENTS

Mayor Dunbabin announced that the meeting would be adjourned in memory of Harold Schumaker and expressed condolences to his family for their loss. She said he would be missed and noted that nearly every child in Hermosa Beach worked at his shop, Hermosa Cyclery, at some point.

Commissioner Yoon announced that the Beach Reporter would be celebrating its 25th anniversary celebration Friday.

Mayor Dunbabin spoke of the recent fire at an apartment complex, noted the mutual aid response, and congratulated the Fire Department for swiftly extinguishing the blaze with no loss of life or injuries, and said she received many letters of gratitude from residents.

Mayor Dunbabin spoke of Sunday's successful Sand and Strand Run, thanked the Councilmembers who attended the event, and thanked the Community Resources Department and Project Touch, the event's co-sponsor, for putting on the event. She announced the current production of "I Do, I Do" at the Hermosa Theatre and the ongoing production of "Late Nite Catechism" at the Second Story Playhouse. She then commented on two write-ups on Hermosa Beach in the current Sunset Magazine, one on the Beach House Inn and the other on Hermosa Cyclery.

PROCLAMATION:

NATIONAL ENGINEERS’ WEEK
FEBRUARY 17 – 23, 2002

Mayor Dunbabin read the proclamation designating February 17 - 23, 2002 as National Engineers' Week in Hermosa Beach and presented it to Public Works Director/City Engineer Harold Williams.

CLOSED SESSION REPORT FOR MEETING OF JANUARY 22, 2002: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

None.

  1. WRITTEN COMMUNICATIONS
    1. Letter from Carla Merriman, Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau requesting approval for both Fiestas Hermosa on Memorial Day (May 25, 26 & 27, 2002) and Labor Day (August 31, September 1, and 2, 2002) and waiving applicable City fees and the billing of City services at the actual hourly rate. (PDF file)

      City Manager Burrell and City Attorney Jenkins responded to Council questions concerning the appropriateness of acting on requests listed on the agenda as written communications rather than conducting a public hearing.

      Coming forward to address the Council on this item were:

      Carla Merriman
      - Chamber of Commerce executive director, spoke to her letter, noting they needed a lead-in time of several months for each event; and
      Travers Devine
      - Chamber of Commerce vice-chair/special events, responded to Council questions, said a two-week delay by the Council would not present a significant impact.

      Action: To direct staff to advertise the request as a hearing for consideration at the City Council meeting of February 26, 2002.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Reviczky.

      Further Action: To agendize at a future meeting the issue of whether or not to allow Written Communication items to be acted upon by the Council.
      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: (f) Yoon.
    Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

    At 7:56 P.M., the order of the agenda was suspended to go to public hearing item 5.a.

    1. Recommendation to approve the following minutes:
      1. Minutes of the Adjourned Regular meeting held on January 15, 2002 ; and,
      2. Minutes of the Adjourned Regular meeting held on January 17, 2002.

      Action: To approve as presented the minutes of the Adjourned Regular meetings of January 15 and January 17, 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 the tentative future agenda items, as presented.

    4. Recommendation to award the construction contract for Project No. CIP 01-531, 3rd Street Park – New Construction, to Mariposa Horticulture Enterprises of Irwindale, California, in the amount of $65,334.35; waive the minor irregularity in Mariposa Horticulture Enterprises’ bid; 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 $7,000.00. Memorandum from Public Works Director Harold Williams dated January 22, 2002. (PDF file)

      Action: To approve the staff recommendation to:

      1. Award the construction contract for Project No. CIP 01-531 - Third Street Park - New Construction to Mariposa Horticulture Enterprises of Irwindale, California, in the amount of $65,334.35;
      2. Waive the minor irregularity in Mariposa Horticulture Enterprises' bid;
      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 within the contingency of $7,000.
    5. Recommendation to approve Youth Employment Program to meet requirements under the Safe Neighborhood Parks Proposition of 1992 and 1996 Memorandum from Public Works Director Harold Williams dated January 24, 2002. (PDF file)

      Action: To approve Youth Employment Program to meet requirements under the Safe Neighborhood Parks Proposition of 1992 and 1996, as recommended by staff.

    6. Recommendation to authorize the taxicab companies currently permitted to work in the City of Hermosa Beach to increase the rates they charge to the public in accordance with rates set by the City of Los Angeles. Memorandum from Police Chief Michael Lavin dated February 4, 2002. (PDF file)

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

      Police Chief Lavin presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this issue was:

      Darren DeBellis
      - South Bay Yellow Cab, said there has been no rate increase since 1996 and cab drivers work 12 to 14 hours per day; said the voucher program scheduled to begin later this month would provide subsidized rates for senior citizens; said he would work with the City on the problems of some of the cabs, such as honking horns and unsightly vehicles.

      Action: To authorize the taxicab companies currently permitted to work in the City of Hermosa Beach to increase the rates they charge to the public in accordance with rates set by the City of Los Angeles, as recommended by staff. Motion Yoon, second Reviczky. The motion carried, noting the dissenting vote of Keegan.

      Further Action: By Council consensus, staff was directed to bring back a report on taxi operations for Council consideration at the March 12 meeting, and Mayor Dunbabin and Councilmember Edgerton were appointed to a subcommittee to work on the issue. So ordered.

    7. Recommendation to approve the plans, specifications, estimates, order the work and call for bids for Project No. NON-CIP 005-01, Corona Street and Prospect Avenue Street Improvements – Street Barrier, and instruct the City Clerk to post Notice Inviting Sealed Bids for said project. Memorandum from Public Works Director Harold Williams dated January 28, 2002. (PDF file)

      Action: To approve the plans, specifications, estimates, order the work and call for bids for Project No. NON-CIP 005-01, Corona Street and Prospect Avenue Street Improvements - Street Barrier, and instruct the City Clerk to post Notice Inviting Sealed Bids for said project, as recommended by staff.

    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 February 4, 2002. (PDF file)

      Claimant: Beverly Deros
      Date of Loss: 1/18/02
      Date Filed: 2/4/02

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

    9. Recommendation to receive and file the December 2001 Revenue and Expenditure report. Memorandum from Finance Director Viki Copeland dated February 5, 2002. (PDF file)

      Action: To receive and file the December 2001 Revenue and Expenditure report, as recommended by staff.

    10. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated December 18, 2001. (PDF file)

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

    11. Recommendation to deny the request for the City to pay for the construction of a handicap ramp at the southeast corner of 2nd Street and Palm Drive. Memorandum from Public Works Director Harold Williams dated February 4, 2002. (PDF file)

      Action: To deny the request for the City to pay for the construction of a handicap ramp at the southeast corner of Second Street and Palm Drive, as recommended by staff.

    12. 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 February 6, 2002. (PDF file)

      Claimant: Berl Pierce
      Date of Loss: 8/8/01
      Date Filed: 2/6/02

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

    13. Recommendation to adopt resolution approving Final Map #25664 for a 2-unit condominium project at 321 10th Street. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6188, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #53183 FOR A SEVEN-UNIT CONDOMINIUM PROJECT LOCATED AT 710-734 FIRST PLACE, HERMOSA BEACH, CALIFORNIA."

    14. Recommendation to adopt resolution approving Final Map #53183 for a 7-unit condominium project at 710-734 1st Place. Memorandum from Community Development Director Sol Blumenfeld dated February 4, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6188, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #53183 FOR A SEVEN-UNIT CONDOMINIUM PROJECT LOCATED AT 710-734 FIRST PLACE, HERMOSA BEACH, CALIFORNIA."

    15. Recommendation to receive and file action minutes from the Public Works Commission meeting of December 19, 2001 .

      Action: To receive and file the action minutes from the Public Works Commission meeting of December 19, 2001.

  3. CONSENT ORDINANCES
    a.
    “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.130C OF THE ZONING ORDINANCE TO CHANGE THE REQUIREMENT FOR A BUILDING PERMIT FOR WALLS AND FENCES FROM 36 INCHES OR MORE IN HEIGHT TO 42 INCHES OR MORE IN HEIGHT.
    For adoption. Memorandum from City Clerk Elaine Doerfling dated January 30, 2002. (PDF file)

    City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced at the last meeting.

    Action: To waive full reading and adopt Ordinance No. 02-1217, as recommended.
    Motion Reviczky, second Edgerton. The motion carried by the following vote:
    AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin
    NOES: None
    ABSENT: None
    ABSTAIN: None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(f) was heard at this time but is shown in order for clarity.

    Public comments on items removed from the Consent Calendar are shown under the appropriate item.

  5. PUBLIC HEARINGS
    1. FISCAL YEAR 2002-2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION OF AN ESTIMATED $141,000 TO RETROFIT THE COMMUNITY THEATER AND CENTER FOR COMPLIANCE WITH THE AMERICAN DISABILITY ACT. Memorandum from Community Development Director Sol Blumenfeld dated February 4, 2002. (PDF file)

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      The public hearing opened at 7:59 P.M. As no one came forward to address the Council on this item, the public hearing was closed at 7:59 P.M.

      Action: To approve by minute order the Fiscal Year 2002-2003 Community Development Block Grant (CDBG) allocation of $144,749 to retrofit the Community Center and the Community Center Theater for compliance with the American Disability Act, as recommended by staff.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

  6. At 8:00 P.M., the order of the agenda returned to item 3.

  7. MUNICIPAL MATTERS
    1. MID YEAR BUDGET REVIEW 2001-02. Memorandum from Finance Director Viki Copeland dated February 4, 2002. (PDF file)

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

      Action: To approve the staff recommendation to:

      1. Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet;
      2. Approve the amendment to the transfer policy and creation of a Contingency Fund; and
      3. Receive and file the information on the impact of electricity rates on Utility User Tax revenue.

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

    2. The meeting recessed at 8:35 P.M.
      The meeting reconvened at 8:50 P.M.

    3. FIRE STATION RECONSTRUCTION AND RENOVATION PROJECT - PROGRAM REPORT. Memorandum from Fire Chief Russell Tingley dated February 5, 2002. (PDF file)

      Fire Chief Tingley presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this item was:

      Mary McGrath
      - RRM Design, said she had prepared the report and reviewed the executive summary; said the facility was built in 1958 and discussed the needs assessment and the priorities, noting the need to double the facility in size.

      Action: To receive and file the report and direct staff to return with a financing plan, as recommended by staff.
      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

      Proposed Action: To direct staff to investigate the cost of similar studies for the Police Department and Civic Center.
      Motion Reviczky, second Mayor Dunbabin. After further discussion, it was suggested that the issue be discussed at the goals session and the motion was subsequently withdrawn.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    None

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  10. OTHER MATTERS - CITY COUNCIL

    None.

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

  1. APPROVAL OF MINUTES: Closed Session meeting of January 22, 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)

    a. Name of Case: Macpherson v. City of Hermosa Beach
    Case Number: BC172546

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 12, 2002, at the hour of 9:37 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 9:45 P.M. At the hour of 10:06 P.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 in memory of Harold Schumaker on Tuesday, February 12, 2002, at the hour of 10:07 P.M., to an Adjourned Regular Meeting to be held Monday, February 25, 2002, at the hour of 7:10 P.M. to conduct a workshop on the renovation of Valley Park.