City Council Minutes September 24, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 24, 2002, at the hour of 7:20 P.M.

PLEDGE OF ALLEGIANCE

Led by Danny Kowenowski of Boy Scout Troop 860

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Yoon reported that next Tuesday, October 1, 10% of the proceeds from Manhattan Beach Bagel and Bread Company would be donated to Hermosa View School and he reminded everyone to use scrip.

Mayor Pro Tem Keegan announced the Last Saturday Puppet Theater performance of "Myths of the Aztecs" at the Community Center on September 28 at 10 A.M., 11 A.M., and 1:30 P.M. at a cost of $8 per person or $20 for the whole family

Councilmember Dunbabin announced the Lawn Bowling Open House on Saturday, September 28, from 11 A.M. to 2 P.M. for new member enrollment or to learn more about the sport.

Councilmember Reviczky reported on an incident yesterday involving an individual threatened suicide with a firearm. He said Hermosa Beach Police, Public Works and Parking Enforcement personnel responded, as well as Manhattan Beach and Redondo Beach Police Departments. He said Sgt. Nancy Cook did an excellent job convincing the man to come out and no one was hurt, and he praised all involved for a job well done.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Jim Lissner dated September 10, 2002 regarding converting diesel trucks and generators to CNG.

      Coming forward to address the Council on this item was:

      Jim Lissner
      - Hermosa Beach, requested that the City require trash trucks and the City's landscape contractor to convert their diesel trucks to CNG fuel, and investigate the availability of CNG powered generators for use by film crews and to power events on the beach; suggested that the City offer incentives (City Manager Burrell noted that the State had a five-year phasing-in period for requiring alternate fuel vehicles for trash trucks, buses, street sweepers, etc.)

      Action: To receive and file the letter.
      Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.

    Coming forward to address the Council at this time were:

    Pete Tucker
    - Hermosa Beach, thanked Mayor Pro Tem Keegan and Councilmember Dunbabin for attending the Heart of the City meeting in Redondo Beach; thanked Councilmember Reviczky for putting the LAX radar feature on the website; concurred with Mayor Pro Tem Keegan idea regarding the Redondo Beach AES property, an agenda item for this evening;
    Dean Crowell
    - Hermosa Beach, said that his sewer line is not in front of his property; thanked the Council for the undergrounding of utilities but suggested the installation of more street lights on Sunset between 8th and 10th streets, noting there was now only one street light where there used to be three or four; requested a breakdown of the undergrounding costs (City Manager Burrell said that he could furnish answers to Mr. Crowell's questions.);
    Shirley Cassell
    - Hermosa Beach, expressed her approval of the new Council Chambers; suggested that a sign be posted prohibiting no coffee in the chambers to keep the carpet clean; requested that Consent Calendar Item 2 (b) be pulled; and
    Jim Lissner
    - Hermosa Beach, suggested that a portion of UUT revenue be used instead of the school board measure on the ballot to avoid further taxation of the residents; objected to the change from monthly to quarterly Police activity reports.
  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: (b) Keegan for Shirley Cassell, (e) Reviczky, (i) Keegan, and (l) Keegan. .
    Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON JULY 23, 2002 AND TO RECEIVE AND FILE THE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE REGULAR MEETING HELD ON SEPTEMBER 10, 2002.

      Action: To approve the City Clerk's recommendation to:

      1. Approve the minutes of the Regular meeting held on July 23, 2002; and,
      2. Receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of the Regular meeting held on September 10, 2002 (PDF File).
    2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

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

      Coming forward to address the Council on this item was:

      Shirley Cassell
      - Hermosa Beach, inquired about Check Nos. 30361, 30375, and 30376 for a total of $30,375.76 for computers and printers, asking which departments received this equipment, and Check No. 30441 for $80,478.83 which appeared to be some type of reimbursement. (City Manager Burrell replied that the computers and printers were for departments throughout City Hall and that he would have an answer to her question about the reimbursement before the end of the meeting).

      Action: To ratify the check register, as presented.
      Motion Keegan, Second Yoon. The motion carried by a unanimous vote.

    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 memorandum from Finance Director Viki Copeland regarding the August 2002 financial reports (PDF File).

      Action: To receive and file memorandum from Finance Director Viki Copeland regarding the August 2002 financial reports, as recommended.

    5. Recommendation to accept donations of $500 from the Hermosa Beach Kiwanis Club to be used for Surf Camp Instructors and $1,600 from the Estate of Marshall L. Biggs to be used to purchase a bench for Noble Park. Memorandum from Finance Director Viki Copeland dated September 16, 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 donors.

      Action: To accept the following donations:

      1. $500 from the Hermosa Beach Kiwanis Club for Surf Camp Instructors; and
      2. $1,600 from the estate of Marshall L. Biggs to be used to purchase a bench for Noble Park.

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

    6. Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of September 3, 2002.

      Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of September 3, 2002.

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated September 12, 2002 (PDF File).

      Action: To receive and file the status report of capital improvement projects that are either under design or construction.

    8. Recommendation to approve the grant of an underground easement to Southern California Edison Company for installation of a fiber optic cable and authorize the Mayor to execute the easement on behalf of the City. Memorandum from City Manager Stephen Burrell dated September 17, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve the grant of an underground easement to Southern California Edison Company for installation of a fiber optic cable; and
      2. Authorize the Mayor to execute the easement on behalf of the City.
    9. Recommendation to authorize an increase in the complement of sworn police personnel from 38 positions to 39 positions; authorize the assignment of a police officer to the regional Taskforce for Regional Autotheft Prevention (TRAP) supervised by the Los Angeles County Sheriffs Department; appropriate $63,644 for the salary and benefits (8 months) of the officer assigned to TRAP; and, authorize a budgeted revenue amount of $63,644 for reimbursed salary and benefits to the assigned officer. Memorandum from Police Chief Michael Lavin dated September 11, 2002 (PDF File).

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

      Police Chief Lavin presented the staff report and responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Authorize an increase in the complement of sworn police personnel from 38 positions to 39 positions;
      2. Authorize the assignment of a police officer to the regional Taskforce for Regional Autotheft Prevention (TRAP) supervised by the Los Angeles County Sheriffs Department;
      3. Appropriate $63,644 for the salary and benefits (eight months) of the officer assigned to TRAP; and
      4. Authorize a budgeted revenue amount of $63,644 for reimbursed salary and benefits to the assigned officer.

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

    10. Recommendation to approve agreement between the City and the County of Los Angeles for traffic signal maintenance for the intersections of Artesia Boulevard at Meadows Avenue and Artesia Boulevard at Prospect Avenue and authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney. Memorandum from Public Works Director Harold Williams dated September 17, 2002 (PDF File).

      Action: To approve the staff recommendation to:

      1. Approve agreement between the City and the County of Los Angeles for traffic signal maintenance for the intersections of Artesia Boulevard at Meadows Avenue and Artesia Boulevard at Prospect Avenue; and
      2. Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
    11. Recommendation to receive and file action minutes from the Planning Commission meeting of September 17, 2002.

      Action: To receive and file the action minutes of the Planning Commission meeting of September 17, 2002.

    12. Recommendation for reappropriation of funds from 2001-02 to 2002-03, revision of revenue estimates for grant funds reappropriation, reprogramming of Citizens Option for Public Safety (COPS) funds. Memorandum from Finance Director Viki Copeland dated September 17, 2002 (PDF File).

      Finance Director Viki Copeland and City Manager Burrell responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Reappropriate funds from the FY 2001-02 budget to the FY 2002-03 budget, as listed in the staff report dated September 17, 2002;
      2. Revise revenue estimates related to the reappropriation of grant funds; and
      3. Reprogram unspent Citizens Option for Public Safety (COPS) funds.

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

  3. CONSENT ORDINANCES

    NONE.

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(b), (e), (i), and (l) 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

    NONE

  6. MUNICIPAL MATTERS

    1. MEMORANDUM FROM ECONOMIC DEVELOPMENT REVIEW COMMITTEE REGARDING PROPOSED COMMUNITY, PUBLIC RELATIONS, AND MARKETING PROGRAM. (PDF File)

      Committee Chair Joe Marks presented the detailed report and, with the use of an overhead projector, outlined the steps to begin the program; suggested the assistance of the Chamber of Commerce and responded to Council questions. Consultants Robin Moore and Liz Weaver Griggs and City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this item was:

      Carla Merriman
      - Hermosa Beach Chamber of Commerce, said the Chamber was enthusiastic about the program and confident that they could provide assistance; said information from other Chambers of Commerce and Chamber associations would be helpful in regard to anticipated costs and results.

      Action: To direct staff to look into alternate funding, such as grants, and to work with the Economic Development Review Committee and the Chamber of Commerce, and to schedule a special meeting dedicated to a discussion of the proposed Public Relations/Marketing Plan and budget.
      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

    2. The meeting recessed at 9:05 P.M.
      The meeting reconvened at 9:20 P.M. at which time the order of the agenda was suspended to hear Item 8(a), then 6(c).

    3. PURCHASE OF PUBLIC TRASH AND RECYCLE CONTAINERS FOR PLACEMENT ON STREETS, PARKS, GREENBELT AND OTHER PUBLIC AREAS AS A SOLE SOURCE ITEM IN THE AMOUNT OF $180,996 AND APPROPRIATE FUNDS FROM THE AB939 FUND. Memorandum from City Manager Stephen Burrell dated September 17, 2002 (PDF File).

      City Manager Burrell presented the staff report and responded to Council questions, stating that the square, 600-pound containers would be virtually impossible to move or tip over and had longevity, noting that the current ones lasted more than 22 years. He said every Santa Monica Bay city purchased from this manufacturer, and that alternate bids were sought but had not been received.

      Coming forward to address the Council on this item were:

      Shirley Cassell
      - Hermosa Beach, said that this was a lot of money for trash cans; asked if 400-pound instead of 600-pound ones would be cheaper; thought that $10,000 was too much to paint them and asked why the color could not be mixed into the concrete (it was explained that the painting cost was to paint the name of the city on the cans); and
      Pete Tucker
      - Hermosa Beach, asked about specifications about the interior structure of the cans; inquired about the disposal of the old cans; wondered if other manufacturers might be a little less expensive (City Manager Burrell said that he did not have information at his fingertips regarding the interior construction of the cans; said the manufacturer would dispose of some of the old cans and others would be kept to use as planters).

      Action: To approve the staff recommendation to:

      1. Approve the purchase of 400 trash and recycle containers from Quick Crete Products Corporation as a sole source vendor in the amount of $180,996;
      2. Appropriate $180,996 from the AB939 Fund, which has been accumulated for this purpose; and
      3. Direct the City Manager to execute the purchase order with Quick Crete Products Corporation;

      with further direction to leave the lettering of the cans natural and unpainted.
      Motion Reviczky, second Dunbabin. The motion carried noting the dissenting votes of Keegan and Yoon.

    4. At 10:55 P.M. the order of the agenda moved to Item 6d.

    5. REVIEW OF REQUEST FOR PROPOSAL (RFP) (PDF File) FOR THE SELECTION OF A TAXI FRANCHISE FOR THE CITY OF HERMOSA BEACH. Memorandum from Police Chief Michael Lavin dated September 18, 2002 (PDF File).

      Police Chief Lavin presented the staff report and responded to Council questions. Administrative Investigator Glenn Maples and City Attorney Jenkins also responded to Council questions.

      Coming forward to address the Council on this item was:

      Jim Lissner
      - Hermosa Beach, said general liability insurance should be no less than $1 million;
      Pete Tucker
      - Hermosa Beach, suggested a vehicle replacement plan for vehicles using CNG fuel;
      Michael Kaplan
      , Bell Cab Company, said his company did not currently have licensed cabs in Hermosa Beach; said that he was paying for $1 million liability insurance in Manhattan Beach and the same would soon apply with Hawthorne, noting it was the cost of doing business; said having more than one franchise was a good idea because competition was healthy and there would be a backup if one cab company failed to provide adequate service; said that he had GPS for tracking cabs and a staging area available; and
      Victor Capprell
      - South Bay Yellow Cab, said that he had GPS as well; and he was the largest and oldest taxi company now serving Hermosa Beach; said that he paid for $1 million insurance but thought it was excessive; said that he was familiar with Hermosa Beach and had a staging area in mind; said that he was the only cab company licensed to pick up in the South Bay, other parts of Los Angeles County, and Orange County.

      Action: To direct staff to publish the RFP to solicit bids according to the published schedule, with the following amendments to the RFP:

      1. Reduce the minimum number of cabs a company must have from 60 to 40;
      2. Increase the insurance in all categories to a minimum of $1 million;
      3. Reduce the response to complaint time to 10 working days;
      4. Require a cab company to have a central dispatch center;
      5. Require that vehicles and their replacements be five years old or newer;

      with the number of franchises to be determined by the Council later.
      Motion Keegan, second Yoon. The motion carried by a unanimous vote.

    6. At 10:42 the order of the agenda was returned to Item 6b.

    7. REQUEST FOR REDUCING GREEN-TIME ON WESTBOUND LEFT-TURN ARROW ON AVIATION BOULEVARD AT PROSPECT AVENUE. Memorandum from Public Works Director Harold Williams dated September 19, 2002 (PDF File).

      Public Works Director Williams presented the staff report and responded to Council questions, stating that it did not appear from preliminary studies that there was "cut-through" traffic.

      Action: To take no action.
      Motion Mayor Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Yoon.

    8. ORDINANCE PROHIBITING AERIAL ADVERTISING (PDF File). Memorandum from City Attorney Michael Jenkins (PDF File).

      City Attorney Jenkins responded to Council questions concerning the prohibitions in Huntington Beach and Honolulu.

      Coming forward to address the Council on this item was:

      Jim Lissner
      - Hermosa Beach, said that many planes from the Long Beach airport fly above Artesia to the beach; asked the length of time before a case such as this would come before the Supreme Court. (City Attorney Jenkins said it would be relatively quickly, about one to one-and-a-half years.)

      Action: To take no action at this time and instead wait for the outcome of the issue in Huntington Beach, bringing the item back if that city prevails.
      Motion Dunbabin, second Reviczky. The motion carried, noting the dissenting votes of Keegan and Mayor Edgerton.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER FROM CALTRANS REGARDING THE TRAFFIC SIGNAL AT LONGFELLOW AVENUE AND SEPULVEDA BOULEVARD. Memorandum from City Manager Stephen Burrell dated September 17, 2002 (PDF File).

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

      Action: To send a letter to the City of Manhattan Beach regarding the possible relocation of the Longfellow Avenue traffic signal to Duncan Street.
      Motion Yoon, second Reviczky. The motion carried, noting the dissenting vote of Keegan.

    2. REQUEST FOR APPOINTMENT OF HEARING OFFICER. Memorandum from City Manager Stephen Burrell dated September 19, 2002 (PDF File).

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

      Action: To direct staff to work with the attorney and have a hearing officer hear the appeal, as recommended by staff.
      Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.

  8. At 11:25 P.M., the order of the agenda moved to Item 9a.

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. LIBRARY SUBCOMMITTEE PROPOSAL TO WITHDRAW FROM THE LOS ANGELES COUNTY LIBRARY SYSTEM AND TO SET A PUBLIC HEARING TO ALLOW THE RESIDENTS AND USERS OF THE LIBRARY TO PROVIDE INPUT TO THE CITY COUNCIL PRIOR TO GIVING THE REQUIRED NOTICE TO THE LIBRARY SYSTEM. Memorandum from City Manager Stephen Burrell dated September 18, 2002 (PDF File).

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

      Coming forward to address the Council on this item were:

      Charlotte Malone
      - Hermosa Beach, Library Subcommittee member, urged the Council to proceed in the process of separating from the Los Angeles County Library System;
      Bill Malone
      - Hermosa Beach, spoke in support of the subcommittee's recommendation, saying even though revenue from property taxes had increased significantly, the library was still restricted to being open 35 hours per week; and
      Al Valdez
      - Hermosa Beach, urged the Council to set a public hearing to debate the issues.

      Council Subcommittee members Reviczky and Dunbabin spoke in support of the recommendation to set a public hearing, and provided details of the estimated startup and annual costs.

      City Manager Burrell noted that some information would not be available until negotiations with the County began.

      Action: To schedule a public hearing for the October 22 meeting to receive public input on the proposed withdrawal from the Los Angeles County Library system.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

  10. At 9:43 P.M., the order of the agenda moved to Item 6c.

  11. OTHER MATTERS - CITY COUNCIL

    1. Request from Mayor Pro Tem Keegan to consider the concept of a regional recreational facility on the 56 acre AES power plan site and the adjacent SCE property in Redondo Beach as part of a joint project with the City of Redondo Beach, Manhattan Beach and the Beach Cities Health District, and authorize the City Manager to devote staff time to explore this concept.

      Mayor Pro Tem Keegan spoke to his request.

      Action: To appropriate staff time to research the idea.
      Motion Keegan, second Reviczky. The motion carried, noting the dissenting votes of Dunbabin and Yoon.

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 August 13, 2002.

  2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    Property: 710 Pier Avenue
    Negotiating Parties: City of Hermosa Beach and AT&T Compass Telecom
    Under Negotiation: Lease and Terms of Payment

  3. 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

  4. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organization: Hermosa Beach Police Officers Association
    Hermosa Beach Firefighters' Association
    Teamsters Union, Local 911
    Professional and Administration 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, September 24, 2002, at the hour of 11:36 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 11:36 P.M. At the hour of 11:56 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, September 24, 2002, at the hour of 11:57 P.M. to the Regular Meeting on Tuesday, October 8, 2002, at the hour of 7:10 P.M.