City Council Minutes March 12, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 12, 2002, at the hour of 7:25 P.M.

PLEDGE OF ALLEGIANCE

Boy Scout Pack 860, Den 4, Color Guard

ROLL CALL

Present: Keegan, Reviczky, Yoon, Mayor Dunbabin
Absent: Edgerton

ANNOUNCEMENTS

Councilmember Reviczky announced that the Hermosa Beach St. Patrick's Day Parade would take place Saturday, March 16, starting at 11 A.M. and invited all residents to enjoy the parade.

Mayor Dunbabin said the St. Patrick's Day Festival, with several booths on the Pier Plaza, would take place Saturday after the parade and all day Sunday.

Councilmember Yoon announced the Hearts of Hermosa fundraiser, which benefits the Hermosa Beach Education Foundation, on Saturday, March 16.

Coming forward to address the Council at this time was:

Jennifer Alvarado
- Education Foundation co-president, said the event will take place at the Crown Plaza Hotel in Redondo Beach and will feature a silent auction from 6 to 8 P.M., with a live auction during dinner, followed by live music and dancing; said the tickets were $100 and all proceeds support the local schools; said there would be complementary champagne and Irish beer served from 6 to 7 P.M.

Mayor Dunbabin announced the City's Spring Eggstravaganza would take place at 11 A.M. Saturday, March 30, at Valley Park, noting it was for children of all ages. She also noted the large number of Hermosa Beach restaurants named "Best in the South Bay" in The Easy Reader.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Pete Tucker
- Hermosa Beach, requested that the meeting be adjourned in memory of Dave Olin, a local architect with an office in Hermosa Beach, who passed away this week (Mayor Dunbabin said the Council would do so);
John Feldon
- Hermosa Beach, a homeowner in the area of the Myrtle Avenue Underground District; said he wrote a letter to Edison concerning an added utility line but they did not acknowledge having made any improvements; said he then sent a letter to the Public Utilities Commission (PUC) about the matter but was unsuccessful; submitted letters directly to the Councilmembers;
Dale Anderson
- Hermosa Beach, in the Loma Drive Underground District, said Verizon and Adelphia lines were off the poles but the residents were still waiting for Edison (Public Works Director Williams said the pole at 11th Street would be done by the City, not Edison); and
Jim Lissner
- Hermosa Beach, said pursuant to the cable franchise agreement, the $75,000 the City received when the former company sold to Adelphia should be shared with the School District and suggested that some of the money be spent on new facilities for recording; resubmitted his January 8 letter about the unavailability of some Council packet documents on the City's website; submitted an ABC notice he received about a request by EinStein's to remove a current condition prohibiting an admission/cover charge or minimum drink purchase.
  1. WRITTEN COMMUNICATIONS

    1. Letter from Al Benson dated February 25, 2002 regarding crime in Hermosa Beach.

      Coming forward to address the Council on this issue was:

      Al Benson
      - Hermosa Beach, spoke to his letter.

      Police Chief Lavin responded to Council questions, explaining that Hermosa Beach reports all assaults, both simple and felony, while other cities such as Manhattan Beach and Redondo Beach report only felony assaults.

      Action: To direct staff to bring back a detailed report for calendar year 2001.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

    2. Letter from Lisa Moore and Jennifer Alvarado of the Hermosa Beach Education Foundation requesting a reduction in the pricing for the non-profit banner program location at Aviation and Prospect.

      Coming forward to address the Council on this issue were

      Jennifer Alvarado
      - HEBF co-president, spoke to the letter;
      Shirley Cassell
      - Hermosa Beach, objected to the banners, saying they looked ugly on the highway.

      City Manager Burrell responded to Council questions, saying that he would report back on any commitments that may have already been made for that intersection.

      Action: To table the item to the meeting of March 26, 2002. Motion Yoon, second Reviczky. The motion carried, noting the absence of Edgerton.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of item (h), which was withdrawn from the agenda by staff, and the following items, which were removed for discussion in item 4, but are shown in order for clarity: (d) Reviczky, (e) Yoon, (g) Reviczky, (i) Yoon, (j) Keegan, and (m) Keegan. Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

    At 8:13 P.M., the order of the agenda was suspended to go to public hearing item 5.a.

    1. Recommendation to approve the minutes of the Regular meeting held on February 12, 2002.

      Action: To approve, as presented, the minutes of the regular City Council meeting of February 12, 2002. (Edgerton absent)

    2. Recommendation to ratify check register.

      Action: To ratify the check register, as presented. (Edgerton absent)

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

      Action: To receive and file the tentative future agenda items. (Edgerton absent)

    4. Recommendation to receive and file report regarding the California Municipal Treasurers Advanced Workshop. Memorandum from City Treasurer John Workman dated March 5, 2002 (PDF file)

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

      City Treasurer Workman discussed the advanced workshop program.

      Action: To receive and file the report regarding the California Municipal Treasurers Advanced Workshop.
      Motion Revcizky, second Yoon. The motion carried, noting the absence of Edgerton.

    5. Recommendation to receive and file action minutes from the Public Works Commission meeting of February 20, 2002.

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

      Public Works Director Williams and City Manager Burrell responded to Council questions.

      Action: To receive and file the action minutes of the Public Works Commission meeting of February 20, 2002.
      Motion Yoon, second Keegan. The motion carried, noting the absence of Edgerton.

    6. Recommendation to approve donations of $1000 to the Redondo Union High School Grad Night Committee 2002 and $1000 to the Mira Costa High School G.R.A.D. Booster Club. Memorandum from City Manager Stephen Burrell dated March 5, 2002. (PDF file)

      Action: To approve donations of $1,000 to the Redondo Union High School Grad Night Committee 2002 and $1,000 to the Mira Costa High School G.R.A.D. Booster Club, as requested. (Edgerton absent)

    7. Recommendation to accept the work by Athletica, Inc. for Project No. CIP 01-532, South Park Roller Hockey Rink; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Athletica, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Harold Williams dated March 4, 2002. (PDF file)

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

      Action: To continue the item to the March 26, 2002 meeting, with direction to staff to verify that the fence is straight.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

    8. Recommendation to accept the work by Nobest, Inc. for Project No. CIP 00-171, Ardmore Avenue Street Improvements - Various Locations; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Nobest, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Harold Williams dated January 23, 2002. (PDF file)

      This item was withdrawn from the agenda by City Manager Burrell to be brought back at the next meeting. No action was taken. (Edgerton absent)

    9. Recommendation to adopt resolution declaring intention to vacate and abandon for public purposes a portion of 8th Street, between the Strand and Beach Drive and setting a Public Hearing for Tuesday, April 9, 2002. Memorandum from Public Works Director Harold Williams dated February 27, 2002. (PDF file)

      This item was removed from the consent calendar by Councilmember Yoon 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 adopt Resolution No. 02-6191, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON, FOR PUBLIC PURPOSES, A PORTION OF EIGHTH STREET, BETWEEN THE STRAND AND BEACH DRIVE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER RECORDED MAP BOOK 1, PAGES 25 AND 26, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER." (PDF file)
      Motion Yoon, second Reviczky. The motion carried, noting the absence of Edgerton.

    10. Recommendation to award construction contract for Project No. CIP 00-172, 21st Street Improvements, to Palp Inc. dba Excel Paving Company of Long Beach, California in the amount of $88,750; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; authorize the Director of Public Works to make minor changes as necessary within the contingency of $9,000; approve the attached Professional Services Agreement No. 01-008 between the City and Uniplan Engineering, Inc. for providing construction management and inspection services for $18,000; and, authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney. Memorandum from Public Works Director Harold Williams dated March 4, 2002. (PDF file)

      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 approve the following staff recommendation, with item (4) amended to reduce the cost of construction management and inspection services from $18,000 to $9,000:

      1. Award construction contract for Project No. CIP 00-172, 21st Street Improvements, to Palp Inc. dba Excel Paving Company of Long Beach, California in the amount of $88,750;
      2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney;
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $9,000;
      4. Approve the Professional Services Agreement No. 01-008 between the City and Uniplan Engineering, Inc. for providing construction management and inspection services for $9,000 (as amended); and
      5. Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney

      Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.

    11. Recommendation to approve tentative dates for review of the 2002-2003 Budget - Monday, May 20, 2002 at 6:30pm (Question and Answer Session) and Thursday, May 23, 2002 at 7:00pm (Budget Workshop). Memorandum from Finance Director Viki Copeland dated March 7, 2002. (PDF file)

      Action: To approve tentative dates for review of the 2002-2003 Budget - Monday, May 20, 2002 at 6:30pm (Question and Answer Session) and Thursday, May 23, 2002 at 7:00pm (Budget Workshop), as recommended by staff. (Edgerton absent)

    12. Recommendation to authorize the Mayor to sign letter to Assemblyman Nakano regarding amendment of sales tax sharing legislation. Memorandum from Finance Director Viki Copeland dated March 7, 2002. (PDF file)

      Action: To authorize the Mayor to sign a letter to Assemblyman Nakano requesting his sponsorship of an amendment to the sales tax sharing legislation that was passed in 1999, as recommended by staff. (Edgerton absent)

    13. Recommendation to approve the attached Second Amendment to the Professional Services Agreement between the City and Purkiss-Rose RSI for an increase in scope of services and contract amount of $96,612; authorize the appropriation of $85,000 from the 301 CIP Fund; authorize the City Clerk to attest and the Mayor to execute said amendment upon approval as to form by the City Attorney; and, authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary, not to exceed $9661. Memorandum from Public Works Director Harold Williams. (PDF file)

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

      Public Works Director Williams and City Manager Burrell responded to Council questions.

      Action: To direct staff to contact Purkiss·Rose-RSI to perform an audit and justify the charges.
      Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(d), (e), (g), (i), (j) and (m) 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. 2002 COMMERCIAL EVENT APPLICATIONS. Memorandum from Community Resources Director Mary Rooney dated March 5, 2002. (PDF file)

      Documents:

      Community Resources Director Rooney presented the staff report and responded to Council questions.

      Coming forward to address the Council at this time was:

      James Leitz
      - IMG, Beach Bash event coordinator, addressed the issues of signage and advertising, noting that this year's event would be much smaller in scale; agreed to further reduce the number of set-up and tear-down days limiting the total beach to 12 days per Council direction (Director Rooney said staff would want to ensure safety, noting that time must be allowed for inspections and adjustments where necessary).

      The public hearing opened at 8:32 P.M. Coming forward to address the Council on this item were:

      Shirley Cassell
      - Hermosa Beach, questioned the high number of days required for set up and tear down;
      Daniel Marinelli
      - Hermosa Beach, spoke in support of the event, more viable this year because of the reduced impact; preferred 12 days but did not oppose 15 days of total beach time; suggested increasing the children's activities;
      Pete Tucker
      - Hermosa Beach, said the scaled-down event would lessen the impact; suggested something to catch the nuts and bolts that fall into the sand and are left behind; spoke of parking and traffic concerns and suggested getting a headcount of those using the shuttle;
      Bill Sigler
      - Parks and Recreation Commissioner and resident, said he was impressed by IMG's willingness to downsize the event; urged the Council to vote in favor of the event;
      Roger Bacon
      - owner of Ralph's Shopping Center, spoke of parking impacts at the parking lots of the Von's and Ralph's shopping centers; requested that the signs be put up early in the morning directing beach-goers to park elsewhere;
      Donley Falkenstien
      - Hermosa Beach, said last year the event ads did not mention the off-site shuttle; said the staff report contained no mitigation measures and was in conflict with CEQA; urged the Council to deny the project;
      Dale Anderson
      - Hermosa Beach, said it sounded like a lot of his concerns from last year would be taken care of; expressed concern about the impact to the beach for one-half month; and
      Jim Patterson
      - Hermosa Beach, said if the activity is good for the city, the event location should be rotated to the north end of town, then to the south end, then back to the Plaza area.

      The public hearing closed at 8:50 P.M.

      Proposed Action: To approve the Beach Bash 2002 event, with direction to staff to add the shuttle advertisement requirement to the contract.
      Motion Reviczky, second Yoon. The motion failed due to the dissenting votes of Keegan and Mayor Dunbabin and the absence of Edgerton.

      Action: To continue the item to the meeting of March 26, 2002.
      Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote of Keegan and the absence of Edgerton.

      City Manager Burrell noted that Councilmember Edgerton would have to listen to the tape of tonight's hearing in order to vote at the March 26 meeting.

      The public hearing on the two EVP Tour Pro Am Beach Volleyball events and the Octagon Marketing Triathlon event opened at 9:02 P.M. As no one came forward to address the Council on those items, the public hearing closed at 9:02 P.M.

      Action: To approve as presented the EVP Tour - Pro Am Beach Volleyball Tournaments on June 22 and July 20, 2002, and the Octagon Marketing - Hermosa Beach Triathlon on October 13, 2002, and to authorize execution of the event contracts, as recommended by staff.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Edgerton.

  6. The meeting recessed at 9:05 P.M.
    The meeting reconvened at 9:22 P.M.

  7. MUNICIPAL MATTERS

    1. PARKING REGULATIONS - CHANGE UPPER PIER AVENUE, FROM MANHATTAN AVENUE TO VALLEY DRIVE, FROM "8:00AM TO 6:00PM" TO "10:00AM TO 10:00PM" WITH 2 HOUR LIMIT AND ADDING ONE 15 MINUTE ZONE. Memorandum from City Manager Stephen Burrell dated February 25, 2002. (PDF file) Two supplemental letters received March 12, 2002 -- one from Jan Koch, Nations! Travelstores, Inc., and another from Robert Kerr, Joe Carrillo and Beth Petrou of Fritto Misto.

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

      Coming forward to address the Council on this issue was:

      Frank Hallstein
      - Hermosa Lock and Safe, said the change would not affect his Pier Avenue business but spoke in favor of the benefit it would offer the restaurants; and
      Tim (last name indistinct)
      - Thai Top Restaurant, spoke in favor of the proposed change.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6190, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE PARKING REGULATIONS ON PIER AVENUE, BETWEEN MANHATTAN AVENUE AND VALLEY DRIVE, TO 10:00 A.M. TO 10:00 P.M., AND ADDING ONE 15-MINUTE ZONE AT THE SOUTHEAST CORNER OF MONTEREY BOULEVARD AND PIER AVENUE." (PDF file)
      Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.

    2. AGENDA FORMAT "WRITTEN COMMUNICATION" CATEGORY. Memorandum from City Manager Stephen Burrell dated December 27, 2001. (PDF file)

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

      Action: To revise "Written Communications" agenda category to be like "Oral Communications," allowing the Council to receive letters listed on the agenda and refer them to another meeting or to staff to resolve. Motion Keegan, second Yoon. The motion carried, noting the dissenting vote of Reviczky and the absence of Edgerton.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    NONE

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  10. OTHER MATTERS - CITY COUNCIL

    Action: To agendize the issue of prohibiting skateboarding on the Plaza if it is determined that there is a pedestrian safety risk.
    Motion Yoon, second Mayor Dunbabin. The motion carried, noting the absence of Edgerton.

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

  1. MINUTES: Approval of minutes of Closed Session meetings held on March 4, 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: Macpherson v. City of Hermosa Beach
      Case Number: BC172546

    Initiation of Litigation: Government Code Section 54956.9(c)

    1. Number of Potential Cases: 1

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 12, 2002, at the hour of 9:40 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 9:54 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 Dave Olin on Tuesday, March 12, 2002, at the hour of 9:55 P.M. to the Regular Meeting of Tuesday, March 26, 2002, at the hour of 7:10 P.M.