City Council Minutes March 26, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 26, 2002, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE

John Hales

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Edgerton commented on the success of the St. Patrick's Day Parade and Festival on March 16 and 17, noting it was a wonderful event.

Councilmember Yoon announced that the City's annual Eggstravaganza event would take place at 11 a.m. Saturday, March 30, at Valley Park.

PRESENTATIONS

PRESENTATION OF 30 YEAR SERVICE AWARDS AND CERTIFICATES OF RECOGNITION TO
VINCENT BRUCCOLIERI
CHRISTOPHER KELLY
CARLOS HERRERA

Mayor Dunbabin presented the 30-year service awards and certificates of recognition to Public Works employees Christopher Kelly and Carlos Herrera, with congratulations to them both. Firefighter Vincent Bruccolieri was unable to attend the meeting.

PRESENTATION BY PUBLIC WORKS COMMISSIONER CHARLIE CHEATHAM REGARDING THE PROPOSED REVISION OF EXISTING NEWSRACK PROGRAM

Public Works Commissioner Charlie Cheatham presented the proposal and responded to Council questions.

Action: To direct staff to return at a future meeting with revisions to the Municipal Code regarding newsracks following review by the City Attorney, as recommended by staff.
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Keegan.

CLOSED SESSION REPORT FOR MEETING OF MARCH 12, 2002: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION

  1. ORAL AND WRITTEN COMMUNICATIONS

    No written communications were submitted. Coming forward to address the Council at this time were:

    Casmer Kuflak
    - Hermosa Beach, expressed concern about Sketchers in Manhattan Beach, saying it will generate a lot more traffic; requested removal of the signal at Longfellow and Sepulveda for safety reasons as Longfellow was not wide enough to accommodate the traffic; suggested putting the signal at Duncan since it was a wider street and had a stop sign on Ardmore; said he had a petition with 65 signatures;
    No name given
    - Hermosa Beach, said the traffic study did not address the growth potential from the Sketchers project; said once the turn-signal was put in place by Caltrans, it would be harder to stop the project; and
    Jan Barylski
    - Hermosa Beach, said she collected signatures and many people were unaware of the project; said everyone she spoke to signed the petition.

    City Manager Burrell and City Attorney Jenkins responded to Council questions.

    Action: Mayor Dunbabin directed, with the consensus of the Council, that the northeast Hermosa traffic study report, which is currently scheduled for review and recommendation by the Public Works Commission at its April 17 meeting, return to the City Council with a full report for consideration at the meeting of May 14, including information on the proposed turn signal and other issues of concern. (Keegan absent)

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 4, but are shown in order for clarity: (a) Mayor Dunbabin, (e) Reviczky, (i) Yoon, and (k) Edgerton.
    Motion Edgerton, second Reviczky. The motion carried, noting the absence of Keegan.

    At 8:04 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 February 25, 2002 ; and,
      2. Minutes of the Regular meeting held on February 26, 2002.

      This item was removed from the consent calendar by Mayor Dunbabin for separate discussion later in the meeting in order to register an abstention on item 2(a)(2) as she was absent from that meeting.

      Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of February 25, 2002.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Keegan.

      Action: To approve as presented the City Council minutes of the Regular meeting of February 26, 2002, as presented.
      Motion Reviczky, second Yoon. The motion carried, noting the abstention by Mayor Dunbabin, and the absence of Keegan.

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

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

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

      Action: To receive and file the tentative future agenda items, as presented. (Keegan absent)

    4. Recommendation to receive and file the February 2002 financial reports: (PDF file)

      1. Revenue and expenditure report;
      2. City Treasurer's report; and,
      3. Investment report.

      Action: To receive and file the February 2002 financial reports as presented. (Keegan absent)

    5. Recommendation to accept donation of $1000.00 from the Woman's Club of Hermosa Beach to be used by the Fire Department for the purchase of a thermal imaging device. Memorandum from Finance Director Viki Copeland dated March 18, 2002. (PDF file)

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

      Action: To accept the donation of $1,000 from the Woman's Club of Hermosa Beach to be used by the Fire Department for the purchase of a thermal imaging device.
      Motion Reviczky, second Yoon. The motion carried, noting the absence of Keegan.

    6. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 5, 2002.

      Action: To receive and file the action minutes of the March 5, 2002 Parks, Recreation and Community Resources Advisory Commission meeting. (Keegan absent)

    7. Recommendation to adopt resolution providing for an extension of a temporary increase in the salary for the City Clerk. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 19, 2002. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 02-6192, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK." (Keegan absent)

    8. Recommendation to receive and file action minutes from the Planning Commission meeting of March 19, 2002.

      Action: To receive and file action minutes from the Planning Commission meeting of March 19, 2002. (Keegan absent)

    9. Recommendation to approve contract amendment for the South Bay Center for Dispute Resolution in the amount of $2,000 for the remainder of the 2001?02 fiscal year. Memorandum from City Manager Stephen Burrell dated March 21, 2002. (PDF file)

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

      City Manager Burrell responded to Council questions.

      Action: To approve the contract amendment for the South Bay Center for Dispute Resolution in the amount of $2,000 for the remainder of the 2001?02 fiscal year, as recommended by staff.
      Motion Yoon, second Reviczky. The motion carried, noting the absence of Keegan.

    10. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated February 13, 2002. (PDF file)

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

    11. Recommendation to award construction contract for Project No. CIP 00-191, 14th Street Landscape Planters, to American Gardens of Redondo Beach, California, in the amount of $21,995.00; authorize a transfer in the amount of $16,000 within the Capital Improvement Fund from Project No. CIP 00-172 21st St. Street Improvement to the project; authorize the Mayor to execute and the City Clerk to attest that 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 $2,200.00. Memorandum from Public Works Director Harold Williams dated March 14, 2002. (PDF file)

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

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

      Action: To approve the staff recommendation to:

      1. Award construction contract for Project No. CIP 00-191, 14th Street Landscape Planters, to American Gardens of Redondo Beach, California, in the amount of $21,995;
      2. Authorize a transfer in the amount of $16,000 within the Capital Improvement Fund from Project No. CIP 00-172, 21st St. Street Improvement, to the project;
      3. Authorize the Mayor to execute and the City Clerk to attest that 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 $2,200.
        Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    • Items 2(a), (e), (i) and (k) 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. BEACH BASH 2002 APPLICATIONS. (Continued from meeting of March 12, 2002) Memorandum from Community Resources Director Mary Rooney dated March 18, 2002. (PDF file)

      Documents: Beach Bash 2002 June 7 through 9, 2002 (PDF file) ; and event contract (PDF file) :

      Community Resources Director Rooney presented the staff report and responded to Council questions, said pursuant to Council discussion at the last meeting, the number of days has been further reduced to total 13 impact days on the beach, with three days for the event, nine days for set-up and tear-down, and one day of inactivity on Sunday, June 2, to avoid impacting the Strand and visitors to the beach. City Attorney Jenkins also responded to questions, saying that the Council could if desired reopen the public hearing, but that the item had been continued for Council deliberations only.

      Coming forward to address the Council on this item was:

      Ratha Harntha
      - IMG representative, responded to Council questions and confirmed that $40,000 would be donated to Hermosa Beach charities.

      Action: To approve, as recommended by staff, the request from IMG to hold Beach Bash 2002 on June 7-9 and the event contract as presented.
      Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote by Mayor Dunbabin and the absence of Keegan.

    2. EXPENDITURE OF LOS ANGELES COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE GENERAL ADMINISTRATION OF PROJECTS FUNDED THROUGH THE CDBG PROGRAM FOR FISCAL YEAR 2002-2003. Memorandum from Community Development Director Sol Blumenfeld dated March 21, 2002 (PDF file)

      Action: Mayor Dunbabin directed, with the consensus of the Council that this item be continued to the next meeting as recommended by staff to allow time for staff to confirm the amount available for expenditure. (Keegan absent)

  6. MUNICIPAL MATTERS

    1. AMENDMENT TO MUNICIPAL CODE RELATING TO REQUIRED STREET IMPROVEMENTS AS A RESULT OF NEW CONSTRUCTION OR REMODELING BY ADDING ALLEYS AS DEFINED TO THE MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated March 21, 2002. (PDF file)

      City Manager Burrell withdrew this item from the agenda to bring back to the next meeting. No action was taken.

  7. The meeting recessed at 8:20 P.M.
    The meeting reconvened at 8:48 P.M., at which time the order of the agenda was returned to item 4.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REGARDING AN APPLICATION FROM EIN STEIN'S RESTAURANT TO MODIFY THEIR ABC LICENSE TO REMOVE THE PROHIBITION ON ADMISSION OR COVER CHARGE OR A MINIMUM DRINK PURCHASE. Memorandum from City Manager Stephen Burrell dated March 13, 2002. (PDF file)

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

      Action: To receive and file the letter, as recommended by staff. Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

    2. AB2863 - HOUSING ELEMENT REFORM - PROPOSED COMPREHENSIVE HOUSING ELEMENT INTRODUCED AT REQUEST OF THE LEAGUE OF CALIFORNIA CITIES AND CALIFORNIA ASSOCIATION OF COUNTIES. Memorandum from City Manager Stephen Burrell dated March 14, 2002. (PDF file)

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

      Proposed Action: To direct staff to prepare a letter of support of AB 2863, as recommended by staff.
      Motion Reviczky, second Mayor Dunbabin. The motion and second were subsequently withdrawn.

      City Manager Burrell said he would provide the Council with copies of the bill as it is drafted now, and would bring the item back at the next meeting for Council consideration.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  10. OTHER MATTERS - CITY COUNCIL

    Proposed Action: To agendize for a future meeting the issue of establishing some parking set-asides in the downtown parking structure for residents who live east of Pacific Coast Highway.
    Motion Yoon, second Mayor Dunbabin. The motion was subsequently withdrawn.

    Action: To establish a subcommittee, spearheaded by Councilmember Yoon, with another Councilmember to be appointed later, to study and review options related to parking issues for residents east of Pacific Coast Highway. Motion Yoon, second Reviczky. The motion carried, noting the absence of Keegan.

    Mayor Dunbabin announced that the meeting would be adjourned in memory of Nobel Prize winner James Tobin, a relative of Councilmember Edgerton who recently passed away.

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 March 12, 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.

    Initiation of Litigation: Government Code Section 54956.9(c)

    Number of potential cases: 1

    Anticipated Litigation: Government Code Section 54956.9(b)

    Number of potential cases: 1

  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 26, 2002, at the hour of 9:17 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 9:25 P.M. At the hour of 10:45 P.M., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

City Attorney Jenkins announced that the City Council directed him to engage the services of a law firm for purposes of preparing a complaint against the City of Redondo Beach in connection with the Heart of the City plan.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of James Tobin on Tuesday, March 26, 2002, at the hour of 10:46 P.M. to the Regular Meeting on Tuesday, April 9, 2002, at the hour of 7:10 P.M.