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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.
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WRITTEN COMMUNICATIONS
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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.
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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.
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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.
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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)
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Recommendation to ratify check
register.
Action:
To ratify the check register, as presented. (Edgerton
absent)
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Recommendation to receive and file
Tentative Future Agenda Items.
(PDF file)
Action:
To receive and file the tentative future agenda items.
(Edgerton absent)
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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.
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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.
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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)
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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.
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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)
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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.
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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:
- 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 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
- 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.
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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)
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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)
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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.
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CONSENT ORDINANCES
NONE
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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.
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PUBLIC HEARINGS
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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.
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The meeting recessed at 9:05 P.M.
The meeting reconvened at 9:22 P.M.
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MUNICIPAL MATTERS
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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.
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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.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
NONE
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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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:
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MINUTES:
Approval of minutes of Closed Session meetings held on March
4, 2002.
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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)
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Name of Case:
Macpherson v. City of Hermosa Beach
Case Number:
BC172546
Initiation of Litigation: Government Code Section
54956.9(c)
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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.
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