|
|
City Council Minutes June 25, 2002 - Hermosa
Beach
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL
of the City of Hermosa Beach, California, held on Tuesday,
June 25, 2002, at the hour of 7:18 P.M.
PLEDGE OF ALLEGIANCE
- Councilmember Art Yoon
ROLL CALL:
Present: Keegan, Reviczky, Yoon, Mayor Dunbabin
Absent: Edgerton
ANNOUNCEMENTS
- Mayor Dunbabin announced that the Council would be
adjourning the meeting in memory of Jack Cunningham, former
Manhattan Beach Mayor and lifeguard. Councilmember Reviczky
requested that the meeting also be adjourned in memory of Jim
Mance, one of the owners of Mickey's Deli, noting that his
brother Michael had passed away not too long ago.
Councilmember Keegan reported on the success of the Hermosa
Arts Foundation telethon event which took place Sunday, June
16, noting that about 150 residents participated, along with
another 100 volunteers.
Mayor Dunbabin announced: (1) the remodeled City Hall
offices were now open and it was anticipated that the Council
Chambers would be completed at the end of August or early
September; (2) the "Skate Smart," "Bike Smart and "Drive Smart"
banners had been installed on various light poles in the City
and would continue throughout the summer, noting that the
program to make the community safer was sponsored by Mervyn's;
(3) a coastal clean-up day from 10 A.M. to 1 P.M. on Thursday,
June 27, with the invitation to children from 5 to 17 years of
age to bring their parents/chaperones to the Hermosa Beach Pier
for the event, noting there would be a variety of activities;
and (4) the American Red Cross blood drive scheduled in Hermosa
Beach on Wednesday, June 26, from 10 A.M. to 4 P.M.
Coming forward to address the Council at this time was:
- Angie (no last name given)
- - American Red Cross representative, said the donated
blood would be provided to about 150 hospitals throughout
California; said the blood drive would take place at the
Clark building on Valley Drive, that it was sponsored by the
Chamber of Commerce, and that there would be cookies and
orange juice for the donors.
CLOSED SESSION REPORT FOR MEETING OF JUNE 11,
2002:
No reportable actions.
PUBLIC PARTICIPATION:
-
ORAL AND WRITTEN COMMUNICATIONS
- None
-
CONSENT CALENDAR:
Action:
To approve the consent calendar recommendations (a)
through (q), with the exception of the following items,
which were removed for discussion in item 4, but are shown
in order for clarity: (l),Yoon, (n) Keegan, and (p)
Reviczky.
Motion Reviczky, second Yoon. The motion carried, noting
the absence of Edgerton.
-
Recommendation to receive and file
memorandum from City Clerk Elaine
Doerfling regarding the minutes of the Regular
meetings of May 28 and June 11, 2002
(PDF File)
.
Action:
To receive and file the memorandum, as recommended.
(Edgerton absent)
-
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. (Edgerton
absent)
-
Recommendation to receive and file
Tentative Future Agenda Items
(PDF File)
.
Action:
To receive and file Tentative Future Agenda Items, as
presented. (Edgerton absent)
-
Recommendation to receive and file the May
2002 financial reports:
-
Revenue and expenditure
report;
(PDF File)
-
City Treasurer's report; and,
(PDF File)
-
Investment report.
(PDF File)
Action:
To receive and file the May 2002 Financial Reports, as
presented. (Edgerton absent)
-
Recommendation to receive and file notice of
closed claims.
Memorandum from Personnel
Director/Risk Manager Michael Earl dated June 11,
2002
(PDF File)
.
Action:
To receive and file notice of closed claims, as
recommended by staff. (Edgerton absent)
-
Recommendation to extend the current contract
for City advertising (legal and display ads) with the
Easy Reader newspaper and approve contract for a term
of three years.
Memorandum from City Clerk Elaine
Doerfling dated June 14, 2002
(PDF File)
.
Action:
To extend the current contract for City advertising
(legal and display ads) with the Easy Reader newspaper
and approve the contract for a term of three years, as
recommended. (Edgerton absent)
-
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 June 18,
2002
(PDF File)
.
Claimant: Suanne White
Date of Loss: 05-25-02
Date Filed: 06-04-02
Action:
To deny the above claim and refer it to the City's
liability claims administrator, as recommended by
staff. (Edgerton absent)
-
Recommendation to receive and file action
minutes from the Parks, Recreation and Community
Resources Advisory Commission meeting of June 4,
2002
Action:
To receive and file action minutes from the Parks,
Recreation and Community Resources Advisory Commission
meeting of June 4, 2002. (Edgerton absent)
-
Recommendation to receive and file
action minutes from the Planning
Commission meeting of June 18, 2002
(PDF File)
.
Action:
To receive and file action minutes from the Planning
Commission meeting of June 18, 2002. (Edgerton
absent)
-
Recommendation to award Construction Contract
for CIP 01-167, Street Improvements - Concrete Pavement
Repair at Various Locations, to Damon Construction Co.
in the amount of $79,720; 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 changes
in an amount not to exceed $20,280.
Memorandum from Public Works Director
Harold Williams dated June 18, 2002
(PDF File)
.
Action:
To approve recommendation to:
- Award Construction Contract for CIP 01-167,
Street Improvements - Concrete Pavement Repair at
Various Locations, to Damon Construction Co. in the
amount of $79,720;
- 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
changes in an amount not to exceed $20,280. (Edgerton
absent)
-
Recommendation to adopt resolution approving
Final Map #25226 for a 2-unit condominium project at
228 Ardmore Avenue.
Memorandum from Community Development
Director Sol Blumenfeld dated June 18, 2002
(PDF File)
.
Action:
To approve the staff recommendation to adopt Resolution
No. 02-6208, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF
FINAL PARCEL MAP #25226 FOR A TWO-UNIT CONDOMINIUM
PROJECT LOCATED AT 228 ARDMORE AVENUE, HERMOSA BEACH,
CALIFORNIA."
(Edgerton absent)
-
Recommendation to adopt resolution approving
installation of a 3-way stop at Ardmore Avenue at 16th
Street.
Memorandum from City Manager Stephen
Burrell dated June 17, 2002
(PDF File)
.
This item was removed from the consent calendar by
Councilmember Yoon for separate discussion later in the
meeting.
City Manager Burrell presented the staff report and
responded to Council questions.
Action:
To approve the staff recommendation to adopt
Resolution No. 02-6209, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE
INTERSECTION OF ARDMORE AVENUE AND 16TH STREET AS A
THREE-WAY STOP CONTROL INTERSECTION,"
with direction to staff to install the stop signs in
mid-August, a couple weeks before school starts.
Motion Yoon, second Reviczky. The motion carried,
noting the absence of Edgerton.
-
Recommendation to approve amendment to City
Manager's employment agreement effective January 1,
2002 through December 31, 2003.
Memorandum from Councilmember Reviczky
and Councilmember Keegan dated June 20, 2002
(PDF File)
.
Action:
To approve amendment to City Manager's employment
agreement effective January 1, 2002 through December
31, 2003, as recommended. (Edgerton absent)
-
Recommendation to adopt resolution finding that
public convenience and necessity demand that the Area
II Parking Permit District be extended to include the
west side of Cypress Avenue between 11th Street and
Pier Avenue.
Memorandum from Public Works Director
Harold Williams dated June 19, 2002
(PDF File)
.
This item was removed from the consent calendar by
Councilmember Keegan for separate discussion later in
the meeting.
Public Works Director Harold Williams presented the
staff report and responded to Council questions. City
Manager Burrell also responded to Council
questions.
Action:
: To approve the staff recommendation to adopt
Resolution No. 02-6210, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, FINDING THAT THE AREA II
PERMIT DISTRICT BE EXTENDED TO INCLUDE THE WEST SIDE OF
CYPRESS AVENUE BETWEEN 11TH STREET AND PIER
AVENUE."
Motion Keegan, second Reviczky. The motion carried,
noting the absence of Edgerton.
-
Recommendation to accept work by Torres
Construction for Project No. CIP 01-628, Community
Center Improvements - Courtyard; authorize the Mayor to
sign the Notice of Completion; and, authorize staff to
release payment to Torres Construction (10% retained
for 35 days following filing of Notice of
Completion)
Memorandum from Public Works Director
Harold Williams dated June 18, 2002
(PDF File)
.
Action:
To approve the staff recommendation to:
- Accept work by Torres Construction for Project
No. CIP 01-628, Community Center Improvements -
Courtyard;
- Authorize the Mayor to sign the Notice of
Completion; and
- Authorize staff to release payment to Torres
Construction (10% retained for 35 days following
filing of Notice of Completion). (Edgerton
absent)
-
Recommendation to authorize the appropriation
of $23,997 from the 301 Capital Improvement fund and
authorize the transfer of expenditures in the amount of
$23,997 from the 150 Grant fund to the 301 Capital
Improvement fund for Project No. CIP 94-620, Pier
Renovation - Phase I.
Memorandum from Public Works Director
Harold Williams dated June 19, 2002
(PDF File)
.
This item was removed from the consent calendar by
Councilmember Reviczky for separate discussion later in
the meeting.
City Manager Burrell responded to Council
questions.
Action:
To approve the staff recommendation to:
- Authorize the appropriation of $23,997 from the
301 Capital Improvement fund; and
- Authorize the transfer of expenditures in the
amount of $23,997 from the 150 Grant fund to the 301
Capital Improvement fund for Project No. CIP 94-620,
Pier Renovation - Phase I;
with the provision that staff contact Congresswoman
Harman's office seeking assistance and obtain a
definitive answer from her before sending the check.
Motion Reviczky, second Yoon. The motion carried,
noting the absence of Edgerton.
-
Recommendation to approve the renewal of the
City's Property Insurance and Auto Physical Damage
Insurance as quoted through the Independent Cities Risk
Management Authority and purchase excess workers'
compensation insurance in joint program with selected
cities as proposed by Wexford Insurance and pursue a
pooled self-insurance option through the Independent
Cities Risk Management Authority.
Memorandum from Personnel
Director/Risk Manager Michael Earl dated June 20,
2002
(PDF File)
.
Action:
To approve the staff recommendation to:
- Renew the City's Property Insurance and Auto
Physical Damage Insurance as quoted through the
Independent Cities Risk Management Authority;
and
- Purchase excess workers' compensation insurance
in joint program with selected cities as proposed by
Wexford Insurance and pursue a pooled self-insurance
option through the Independent Cities Risk Management
Authority. (Edgerton absent)
-
CONSENT ORDINANCES
NONE
-
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(l), (n) and (p) 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.
-
PUBLIC HEARINGS
-
REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE
OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE
PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE
ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH
REFUSE BILLS DELINQUENT AS OF MARCH 31, 2002.
Memorandum from City Manager Stephen
Burrell dated June 11, 2002
(PDF file)
.
City Manager Burrell presented the staff report and
responded to Council questions.
The public hearing opened at 7:38 P.M. As no one
came forward to address the Council on this item, the
public hearing closed at 7:38 P.M.
Action:
To approve the staff recommendation to:
- Adopt Resolution
No. 02-6211
, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND
DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT
REFUSE BILLS FROM BROWNING-FERRIS INDUSTRIES AS A
SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME
AND IN THE SAME MANNER AS COUNTY TAXES (168.85 -
HERMOSA BCH DEL REFUSE BFI)"
; and
- Adopt Resolution
No. 02-6212, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING
THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE
BILLS FROM CONSOLIDATED DISPOSAL SERVICE AS A SPECIAL
ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN
THE SAME MANNER AS COUNTY TAXES (168.85 - HERMOSA BCH
DEL REFUSE CDS)."
Motion Keegan, second Reviczky. The motion carried,
noting the absence of Edgerton.
-
At 7:40 P.M., the order of the agenda was suspended to
go to item 6.b., followed by 8.a.
-
MUNICIPAL MATTERS
-
REPORT FROM CITY ATTORNEY PROVIDING EVALUATION
OF ISSUES RAISED IN MR. JACK JANKEN'S CORRESPONDENCE OF
APRIL 22 AND APRIL 25, 2002.
Two supplemental information items received June 25,
2002 from Jack Janken.
City Attorney Jenkins, City Manager Burrell and
Community Development Director Blumenfeld responded to
Council questions.
Coming forward to address the Council on this item
was:
- Jack Janken
- - Hermosa Beach, spoke to the issues of the
retaining wall in question, a lack of enforcement of
the Building Code by City staff, and a lack of
responsiveness by City management to his
complaints.
Action:
To receive and file the City Attorney's report.
Motion Reviczky, second Yoon. The motion carried,
noting the absence of Edgerton.
Further Action:
To direct staff to establish the following policies:
(1) to immediately red-tag and stop work on any project
that involves a life-safety issue, as is currently
done, (2) to allow three working days for the
correction of a problem involving a nuisance complaint
before red-tagging and stopping the project; and (3) to
require both sides of a personnel issue--the complaint
itself and the City's response--to be in writing.
With Council concurrence, so ordered by Mayor
Dunbabin.
-
PROJECT NO. CIP 95-507, VALLEY PARK
IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT.
Memorandum from Public Works Director
Harold Williams dated June 17, 2002
(PDF file)
.
Public Works Director Williams presented the staff
report and responded to Council questions. City Manager
Burrell and Community Resources Director Rooney also
responded to Council questions.
Coming forward to address the Council on this item
was:
- Pete Tucker
- - Hermosa Beach, said it seemed pointless to add
sand; asked about the project completion date and
about the donation of existing playground
equipment.
Action:
To approve the staff recommendation to:
- Reject the bid from Ecology Construction,
apparent low bidder;
- Award the construction contract for Project No.
CIP 95-507, Valley Park Improvements, to Terra-Cal
Construction, Inc. of Baldwin Park, California, in
the amount of $1,075,044;
- Approve additional $196,810.20 for alternate bid
items, amended to reduce the signage from two to one
sign;
- Approve estimated revenue of $235,214 ($178,000
from the Per Capita Grant and $57,214 from the
Roberti Z'berg Grant) and appropriate the funds to
this project;
- 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
$130,000; 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 dissenting vote by Reviczky and the absence
of Edgerton.
-
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
NONE
-
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
-
DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR
THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE.
Memorandum from City Manager Stephen Burrell dated
June 3, 2002.
City Manager Burrell presented the staff report and
responded to Council questions.
Action:
To designate Councilmember Yoon as the voting delegate
and Councilmember Keegan as the alternate for the
League of California Cities Annual Business Meeting on
Saturday, October 5, 2002.
Motion Reviczky, second Mayor Dunbabin. The motion
carried, noting the absence of Edgerton.
-
The meeting recessed at 8:10 P.M.
The meeting reconvened at 8:35 P.M., at which time the
order of the agenda returned to item 6.a.
-
OTHER MATTERS - CITY COUNCIL
Councilmember Yoon spoke to the issue of resident
concerns with regard to the 14th Street issue regarding a
lack of space for a tree or bush due to the footings for
the gate.
City Manager Burrell said it would be costly to move the
large gate footings and suggested that staff meet with the
neighbors instead to discuss the type of landscaping they
might want and assist with the plant selection.
Councilmember Yoon said he hoped to see results from the
recent Council subcommittee meeting with merchants
regarding downtown noise and spoke of the need to comply
with the Code and enforce conditional use permits.
Councilmember Yoon then commented on preparations for
the 4th of July, and the neighborhood watch program (City
Manager Burrell said that issue would come back to
Council), and asked about a general status and timeline
regarding undergrounding (City Manager Burrell said there
were two more districts in the works).
Councilmembers Keegan and Yoon moved to agendize for
City Council review at the next meeting a possible change
to the banner program to exclude participation by union
groups.
City Manager Burrell requested that the Council add the
Heart of the City case to tonight's closed session.
Action:
To add to the closed session the Redondo Beach Heart of
the City case based on the findings that the issue arose
after the posting of the agenda and required immediate
action.
Motion Reviczky, second Keegan. The motion carried, noting
the absence of Edgerton.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
-
- Approval of minutes of Closed Session meeting held on
May 28, 2002; and,
- Approval of minutes of Closed Session meeting held on
June 11, 2002.
-
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)
-
Name of Case:
Gaines v. Wolcott, et al.
Case Number:
YC041272
-
Name of Case:
Ryan v. City of Hermosa Beach, et al.
Case Number:
YC041782
-
Name of Case:
Hallstein v. City of Hermosa Beach, et al.
Case Number:
CV 01-6202 RJK (Ex)
-
Name of Case:
Burd v. City of Hermosa Beach, et al.
Case Number:
CV 00-10016 CAS (CWx)
-
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, June 25, 2002, at the hour
of 10:09 P.M. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 10:10 P.M. At the
hour of 10:52 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 James Mance and Jack
Cunningham on Tuesday, June 25, 2002, at the hour of 10:53 P.M.
to the Adjourned Regular Meeting of Monday, July 8, 2002, at
the hour of 7:10 P.M.
|
