City Council Minutes May 27, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, May 27, 2003, at the hour of 7:18 p.m.

PLEDGE OF ALLEGIANCE

Roger Bacon.

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Dunbabin announced the Friends of the Library book sale from 9:30 a.m. to 12:30 p.m. on Saturday, June 7, at 1309 Bard Street, and the Garden Club's plant sale on the same day from 9:30 to 10:30 a.m. at the Clark Building. In answer to Councilmember Dunbabin's question, City Manager Burrell said that the Valley Park opening would likely be delayed until approximately July 1 to allow adequate time for establishment of the grass.

Mayor Edgerton commented on the success of the Little League Fundraiser that took place Saturday, May 17. Councilmember Dunbabin commented on the success of the Historical Society's museum expansion fundraiser that took place on the same evening.

CLOSED SESSION REPORT FOR MEETING OF MAY 13, 2003: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    Mark Ross
    - Palm Desert, said that his construction reporting business, which had supported his family for 12 years, required that he obtain information from the planning and building departments of cities; said he recently expanded his business to include seven cities in the South Bay; said he had been reviewing Hermosa Beach Planning and Building records for the last four months but was now being denied access (City Manager Burrell said Mr. Ross had provided a written request that was being reviewed);
    Roger Bacon
    - Hermosa Beach, expressed appreciation for the strengthening of the banner poles at Pacific Coast Highway and First Street and suggested additional 45-degree cables be used to affix the banner more securely; asked that the City agendize a discussion of the City's current Banner Program to consider the following: (1) elimination of the required $38 permit fee for new businesses, (2) extension of banner time from 90 to 120 days, and (3) distribution of a brochure from the Planning Department to new businesses describing signage rules and restrictions (Mayor Edgerton requested that Mr. Bacon submit a written request to the Council and City Manager Burrell); and
    Pete Tucker
    - Hermosa Beach, provided his $100 donation to City Manager Burrell toward the Yellow Ribbon Program that was approved by the Council at the meeting of May 13, 2003.
  2. CONSENT CALENDAR:

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

    At 7:37 p.m., the order of the agenda was suspended to go to Municipal Matter 6(a).

    1. Recommendation to approve minutes of the regular meeting of the City Council held on May 13, 2003.

      Action: To approve as presented the minutes of the Regular Meeting of the City Council held on May 13, 2003.

    2. Recommendation to ratify check register.

      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 receive and file the April 2003 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 April 2003 financial reports, as presented.

    5. 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 May 20, 2003 (PDF File).

      Claimant: Hino, Hiromi
      Date of Loss: 05-04-03
      Date Filed: 05-19-03

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

    6. Recommendation to appropriate $34,307 from the California Law Enforcement Equipment Program Fund (CLEEP) to initiate purchases of radio equipment required to cut over public safety dispatching services to the South Bay Regional Public Communications Authority. Memorandum from Police Chief Michael Lavin (PDF File).

      Action: To appropriate $34,307 from the California Law Enforcement Equipment Program Fund (CLEEP) to initiate purchases of radio equipment required to cut over public safety dispatching services to the South Bay Regional Public Communications Authority, as recommended by staff.

    7. Recommendation to approve Change Order No. 8 for Project CIP 01-159, Hillcrest Drive, Rhodes Street and 18th Street, for extra work encountered during the construction of storm drain improvements and authorize additional appropriation of $52,873.48 from the 301 Capital Improvement Fund. Memorandum from Public Works Director Richard Morgan dated May 20, 2003 (PDF File).

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

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

      Action: To approve the staff recommendation to:

      1. Approve Change Order No. 8 for Project CIP 01-159, Hillcrest Drive, Rhodes Street and 18th Street, for extra work encountered during the construction of storm drain improvements; and
      2. Authorize additional appropriation of $52,873.48 from the 301 Capital Improvement Fund.

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

    8. Recommendation to accept work by Corona Constructors of Corona, California for CIP Project No. 96-622, City Hall Remodel - ADA Upgrades, as complete; authorize the Mayor to sign the Notice of Completion; authorize staff to release retention payment to Corona Constructors upon receipt of unconditional release from all subcontractors and suppliers; and, authorize the City Clerk to release Corona Constructors from the Faithful Performance Bond and the Labor and Materials Bond. Memorandum from Public Works Director Richard Morgan dated May 12, 2003 (PDF File).

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

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

      Action: To approve the staff recommendation to:

      1. Accept work by Corona Constructors of Corona, California for CIP Project No. 96-622, City Hall Remodel - ADA Upgrades, as complete;
      2. Authorize the Mayor to sign the Notice of Completion;
      3. Authorize staff to release retention payment to Corona Constructors upon receipt of unconditional release from all subcontractors and suppliers; and
      4. Authorize the City Clerk to release Corona Constructors from the Faithful Performance Bond and the Labor and Materials Bond.

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

    9. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated May 21, 2003 (PDF File).

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

    10. Recommendation to receive and file the action minutes of the Planning Commission meeting of May 20, 2003.

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting on his suggestion that the new Conditional Use Permit for Dano's Beach Grill and all businesses with entertainment (item 6) be reviewed in six months and then annually.

      City Manager Burrell said that this suggestion would be taken as general direction.

      Action: To receive and file the action minutes of the Planning Commission meeting of May 20, 2003.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    11. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 6, 2003.

      Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 6, 2003.

    12. Recommendation to acknowledge receipt of petition to start underground utility district process in the area from Aviation Blvd. south to 6th Street and Pacific Coast Highway to the eastern City limits or Prospect Avenue. Memorandum from City Manager Stephen Burrell dated May 21, 2003 (PDF File).

      Action: To approve the staff recommendation to:

      1. Acknowledge receipt of the petition to start the underground utility district process in the area from Aviation Boulevard south to Sixth Street and Pacific Coast Highway to the eastern City limits or Prospect Avenue; and
      2. Direct staff to obtain a cost estimate from SCE, Verizon and Adelphia to perform the preliminary engineering and feasibility review and return to the City Council with the information.
  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(g), (h) and (j) 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. At 10:45 p.m., the order of the agenda was returned to item 8(a) and then 9(a).

  6. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.

    None

  7. MUNICIPAL MATTERS

    1. PROJECT NO. CIP 00-630 PIER RENOVATION - PHASE III, APPROVE SCHEDULE, SELECT PAVING MATERIALS AND PROPOSED SURFER STATUE LOCATION. Memorandum from Public Works Director Richard Morgan dated May 20, 2003 (PDF File). Supplemental information submitted by Peter Tucker at the meeting of May 13, 2003.

      Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, saying that bids would be presented for Council approval at the August meeting and construction, which would take 14 months, would begin September 15.

      Coming forward to address the Council on this item were

      John McFarland
      - Hermosa Beach resident for 63 years and County lifeguard for 32 years, said he had been close to Tim Kelly and watched him grow up; said Tim had a wonderful personality and leadership qualities and the community was devastated when he passed away at age 24; said professional lifeguarding, which originated in Hermosa Beach in 1951, and surfing were both very important to the City and it was appropriate that the Tim Kelly statue be placed near the Surfers' Walk of Fame and the lifeguard headquarters;
      Michael Lee
      - Manhattan Beach, said he spent a large portion of his youth near the statue; said private funding would be available for bronzing the statue; said the statue could be a focal point of Pier Plaza and could be enhanced with one or more of the following: a more elaborate base, lighting, a fountain, flags, and seating; said incorporating the statue into the pier plan would not require any change in the design;
      Scott Davey
      - Hermosa Beach, member of the Executive Board of the Los Angeles County Lifeguard Association (LACOLA), said he represented 700 members who would participate in funding the statue; said there were currently 30 County lifeguards, some retired, who live in Hermosa Beach; said he grew up with the Junior Lifeguard program which taught ocean safety to kids and inspired some to become lifeguards; said the statue would be a wonderful addition to the pier plan without any re-design;
      Paul Gudmundsson
      - Hermosa Beach resident and L.A. County lifeguard, said Tim Kelly was very special to him as his Junior Lifeguard instructor and that his legacy would be best preserved by placing the statue near the lifeguard headquarters;
      Mike Cunningham
      - Redondo Beach, Lifeguard Captain, pledged to assist with the fundraising to assure that the statue would be cast in bronze; said the proposed artist teaches sculpture at UCLA, has his own foundry, will provide quality art for a reasonable fee, and would consider the work also as a tribute to the original artist who was a friend of his; exhibited a model which incorporated water into the design; said the statue was a likeness of Tim Kelly but should be dedicated to all lifeguards;
      John Wesley Killen
      - Hermosa Beach, supported locating the statue at the pier or at Pier Plaza and felt it should be kept simple; said that the statue represented and preserved the City's history;
      Mike Huey
      - Manhattan Beach, said Tim Kelly instructed him in 1964; said the statue should be near the lifeguard headquarters;
      John Hales
      - Hermosa Beach, speaking as president of the Hermosa Beach Historical Society, said the statue should stay in close proximity to the pier, and should include a plaque describing the achievements of Tim Kelly and also summarizing the history of lifeguards in Hermosa Beach;
      Ron Shafer
      - Redondo Beach, lifetime resident of the area, said Tim Kelly had been a good friend; noted that local tennis courts once had a sign which read Kelly Courts and that a lifeguard tower near Second Street has a simple notation of "TK" on it; felt that the statue should remain near the water;
      Pete Tucker
      - Hermosa Beach, thanked the Council, the public and the Lifeguard Association for supporting this project; felt there would be no problem raising the funds; suggested that excess funds, if any, be used to establish a scholarship for the Junior Lifeguard Program for kids who can't pay; encouraged everyone to look at the model; said that the artist proposed to do the work was excellent and would do it at a bargain price; and
      Jim Pickel
      - Purkiss·Rose architect, discussed locations and said that placing the statue where the Edison utility vault was currently located would not be a problem because the vault was going to be relocated; said placing the statue on a pedestal and adding lighting would require review by their structural and electrical engineers, but would not greatly impact their fees.

      Action: To include the Tim Kelly statue on Pier Plaza, with the location to be finalized by the architect.
      Motion Mayor Edgerton, second Dunbabin. The motion carried by a unanimous vote.

      Coming forward to address the Council on the remaining issues was:

      Jim Pickel
      - Purkiss·Rose architect, presented samples of the proposed paving materials - granite, quartzite and marble - and described the attributes, estimated costs and the colors of each; also presented a drawing of the proposed improvements.

      Action: To approve the tentative project schedule and select granite as the paving material for the pier head plaza project, substituting red for green on the observation deck.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    2. The meeting recessed at 8:50 p.m.
      The meeting reconvened at 9:07 p.m.

    3. AMENDMENT TO THE MUNICIPAL CODE REGARDING SPECIAL EVENTS. Memorandum from Community Development Director Sol Blumenfeld dated May 20, 2003 (PDF File).

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

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 03-1230, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 12.28.010 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO THE REGULATION OF SPECIAL EVENTS IN THE CITY."
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    4. LETTER FROM COUNTy LIBRARIAN MARGARET DONNELLAN TODD REGARDING A PROPOSED REDUCTION IN LIBRARY HOURS OF OPERATION FOR THE HERMOSA BEACH LIBRARY BECAUSE OF LOSS OF COUNTY GENERAL FUND SUPPORT, FROM 5 DAYS/35 HOURS TO 4 DAYS/28 HOURS. Memorandum from City Manager Stephen Burrell dated May 20, 2003 (PDF File).

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

      Action: To direct staff to draft a letter to Los Angeles County Supervisor Don Knabe expressing the City's concern about the proposed cutback of Library hours, as recommended by staff.
      Motion Mayor Edgerton, second Dunbabin. The motion carried by a unanimous vote.

  8. At 9:55 p.m., the order of the agenda was suspended to go to Miscellaneous Items and Reports 7(b).

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. REQUEST FROM PYRAMID SITE ACQUISITION SERVICES, ON BEHALF OF SPRINT PCS, TO CONSIDER THE INSTALLATION OF A CELLULAR ANTENNA ON ONE OF THE LIGHT POLES ON 3RD DECK OF THE PARKING STRUCTURE. Memorandum from City Manager Stephen Burrell dated May 20, 2003 (PDF File).

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

      Action: To allow Pyramid Site Acquisition Services to file an application for a Conditional Use Permit on behalf of Sprint PCS and direct staff to negotiate a lease for the siting of a cellular facility on the parking structure.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    2. PROPOSED EXTENSION OF COOPERATIVE AGREEMENT FOR THE WAVE DIAL-A-RIDE PROGRAM WITH THE CITY OF REDONDO BEACH FOR A PERIOD OF 18 MONTHS. Memorandum from City Manager Stephen Burrell dated May 22, 2003 (PDF File).

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

      Coming forward to address the Council on this item was:

      Terisa Price
      - Transit Manager for the City of Redondo Beach, spoke to the requested extension and responded to Council questions.

      Action: To continue the item to the meeting of June 10, 2003, and direct staff to research ridership demographics and report back with additional information.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

  10. At 10:26 p.m., the order of the agenda was returned to item 7(a) and then item 4.

  11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 21, 2003. Supplemental letter and application from Civil Service Board Member Barry Warner dated May 24, 2003.

      City Clerk Doerfling presented the report and responded to Council questions.

      Proposed Action: To readvertise for the Civil Service Board and ask the applicants who applied after the May 21 deadline to reimburse the City for the cost of publishing the advertisement.
      Motion Yoon. The motion died for lack of a second.

      Action: To readvertise for Civil Service Board applicants.
      Motion Mayor Edgerton, second Keegan. The motion carried, noting the dissenting votes of Dunbabin and Yoon.

      Action: It was the consensus of the City Council to schedule at a later date a meeting for the purpose of conducting interviews of applicants for the Parks, Recreation and Community Resources Commission.

      Action: It was the consensus of the Council to schedule a meeting at 6 p.m. on Tuesday, June 10, 2003, for the purpose of conducting interviews of applicants for the Planning Commission.

  12. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Reviczky to consider waiving building permit fees for Phase II of the Child Design Home Demonstration Project in Hermosa Beach.

      Councilmember Reviczky spoke to his request.

      Action: To agendize a discussion of waiving building permit fees for Phase II of the Child Design Home Demonstration Project in Hermosa Beach. Motion Reviczky, second Dunbabin.

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 May 13, 2003.

  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
  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association
    Hermosa Beach Firefighters' Association
    Teamsters Union, Local 911
    Professional and Administrative Employee Group
    Hermosa Beach Management Association
    Hermosa Beach Police Management Association

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 27, 2003, at the hour of 10:57 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 10:57 p.m. At the hour of 11:14 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 on Tuesday, May 27, 2003, at the hour of 11:15 p.m. to an Adjourned Regular Meeting on Thursday, May 29, 2003, at the hour of 7:10 p.m.