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City Council Minutes November 26, 2002
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, November 26, 2002, at the hour of 7:17 P.M.
PLEDGE OF ALLEGIANCE
Councilman Reviczky
ROLL CALL
Present: Dunbabin, Reviczky, Yoon, Mayor Pro Tempore Keegan
Absent: Mayor Edgerton
ANNOUNCEMENTS
Councilmember Dunbabin announced (1) the annual tree lighting ceremony from 6 to 8 P.M. on Thursday, December 5, at Pier Plaza with Santa Claus, refreshments, and activities and (2) the annual Sand Snowman Contest from 9 A.M. to noon on Saturday, December 7, on the north side of the pier, suggesting that participants bring buckets and shovels.
Mayor Pro Tempore Keegan announced three performances, at 10 A.M., 12 noon, and 2 P.M., of the Last Saturday Puppet Show on Saturday, November 30, at the Community Center Second Story Theater.
Councilmember Reviczky announced the kickoff of the 10th Annual Beach Cities Toy Drive on Friday, November 29, with the placement of a container in the City Hall parking lot for the donated toys which are being collected by the Hermosa Beach and Manhattan Beach Fire Departments to be distributed to worthy organizations.
PROCLAMATION
WORLD AIDS DAY 2002
Mayor Pro Tempore Keegan proclaimed December 1, 2002 as World Aids Day 2002 in Hermosa Beach and urged citizens to take part in activities and observances designed to increase awareness and understanding and to join the global effort to prevent the further spread of HIV/AIDS.
Councilmember Dunbabin noted that on December 1, World Aids Day, there would be an observance at 11:30 A.M. at Pier Plaza.
PRESENTATION:
PUBLIC WORKS COMMISSION INFRASTRUCTURE STANDARDS SUBCOMMITTEE REPORT. Memorandum from Public Works Director Harold Williams dated November 19, 2002 (PDF File).
Public Works Commissioner Charles Cheatham presented the report and responded to Council questions. He discussed problems and recommendations for the following issues: Street Repair, Patching and Trenching, Undergrounding Utilities, and Curbs, Gutters, and Street Widths. City Manager Burrell and Director Williams also responded to Council questions.
Council suggestions included advising utility companies to either perform their work when the City opened up the street or to pave the street from intersection to intersection, increasing the minimum street patch size to 6' x 6', and having the sidewalk reconstruction standards, which the Public Works Commission was previously directed to develop, brought back for review at the same time.
Action: To direct staff to come back with estimates of testing and consultant costs and a proposed Ordinance outlining a procedure for Council consideration.
Motion Keegan, second Dunbabin. The motion carried, noting the absence of Mayor Edgerton.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications this evening.
Coming forward to address the Council at this time were:
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Jim Lissner
- - Hermosa Beach, said that Ein Steins was being replaced by a restaurant with a mechanical bull and would be operated by the owner of Patrick Malloy's, which now has live music and dancing; asked that the police activity report return to its monthly rather than quarterly schedule, and expressed concern about the changes that make comparisons with previous years and with surrounding cities impossible; suggested adding another column to the report using the old criteria and also adding drunk in public to the offenses reported (Council said the police activity report was being evaluated and that it was important to maintain statistics by both new and old criteria when calculating the ten-year average); and
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Pete Tucker
- - Hermosa Beach, said that the wrapping party for the toys collected during the Beach Cities Toy Drive would be held at 11 A.M. on Saturday, December 21, at the Joslyn Community Center in Manhattan Beach; thanked the downtown merchants who participated in the fashion show; thanked the Council for the donations of $1,000 to each for the high schools referenced on tonight's agenda and said that it was money well spent.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (s), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (e) Reviczky, (i) Yoon, (j) Reviczky, (k) Dunbabin, and (q) Dunbabin.
Motion Yoon, second Dunbabin. The motion carried, noting the absence of Mayor Edgerton.
At 8:07 P.M., the order of the agenda was suspended to go to public hearing 5.a.
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Recommendation to approve the following minutes:
- Minutes of the Regular meeting held on November 12, 2002; and
- Minutes of the Special meeting held on November 14, 2002.
Action: To approve as presented the City Council minutes of the Regular meeting of November 12, 2002 and the Special meeting of November 14, 2002. (Mayor Edgerton absent)
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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. (Mayor Edgerton absent)
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Recommendation to receive and file Tentative Future Agenda Items (PDF File).
Action: To receive and file Tentative Future Agenda Items, as presented. (Mayor Edgerton absent)
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Recommendation to receive and file the October 2002 financial reports:
- Revenue and expenditure report (PDF File);
- City Treasurer's report (PDF File); and,
- Investment report (PDF File).
Action: To receive and file the October 2002 financial reports, as presented. (Mayor Edgerton absent)
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Recommendation to accept donations of $250 from the Hermosa Beach Kiwanis Club to be used for the Halloween Howl event; $50 from the Hermosa Beach Rotary Club to be used for the Halloween Howl event; $500 from the Woman's Club of Hermosa Beach to be used for the Veterans Memorial maintenance; and, $100 from Elaine Doerfling to be used for the Veterans Memorial maintenance. Memorandum from Finance Director Viki Copeland dated November 15, 2002 (PDF File).
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to thank the donors.
Action: To accept the following donations to the City:
- $250 from Hermosa Beach Kiwanis Club for the Halloween Howl event;
- $50 from Hermosa Beach Rotary Club for the Halloween Howl event;
- $500 from Woman's Club of Hermosa Beach for the Veterans Memorial maintenance; and
- $100 from Elaine Doerfling for the Veterans Memorial maintenance.
Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Edgerton.
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Recommendation to adopt resolution adding Officer Garth Gaines to the list of authorized personnel eligible to utilize the City's VISA card. Memorandum from Finance Director Viki Copeland dated November 14, 2002 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 02-6238, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 01-6149 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION." (Mayor Edgerton absent)
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Recommendation to approve City Council meeting schedule for 2003. Memorandum from City Manager Stephen Burrell dated November 18, 2002 (PDF File).
Action: To approve the City Council meeting schedule for 2003, as presented. (Mayor Edgerton absent)
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Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 5, 2002.
Action: To receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 5, 2002. (Mayor Edgerton absent)
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Recommendation to adopt resolution approving Amendment No. 3 to the Independent Cities Lease Finance Authority (ICLFA) Joint Powers Agreement enabling ICLFA to issue tax-exempt revenue bonds for the purpose of funding the purchase of mobile home parks and possibly multi-family rental housing. Memorandum from Finance Director Viki Copeland dated November 19, 2002 (PDF File).
This item was removed from the consent calendar by Councilmember Yoon for separate discussion later in the meeting.
Finance Director Copeland and City Manager Burrell responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 02-6240, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO JOINT POWERS AGREEMENT WHICH CREATED THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO."
Motion Reviczky, second Dunbabin. The motion carried, noting the dissenting vote of Yoon and the absence of Mayor Edgerton.
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Recommendation to approve commercial event application for the Pigskins on the Beach Inc. Semi-Pro Flag Football Tournament to be held April 11-13, 2003. Memorandum from Community Resources Director Mary Rooney dated November 19, 2002 (PDF File).
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Coming forward to address the council on this item was:
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Michael Challgren
- - Hermosa Beach resident with a Manhattan Beach law office, said the event would take place on the north side of the Pier and responded to Council questions; said there would be sponsor booths (no items for sale) and booths with activities for young people; said 10 percent of the gross would be donated to charity; assured the Council that the beachwear fashion show was not a bathing suit contest; said the teardown would stop by 8 P.M. Sunday to be completed Monday morning before noon; confirmed that speakers would be turned toward the ocean and were for voice, not music; said sponsor advertising would not include large inflatable items; said the event would be advertised in local papers, on radio, on a banner across Pier Avenue at Valley Drive, and possibly on some TV spots; said safety and congestion concerns would be addressed by having two Hermosa Beach policemen present, as well as their own security guards, and by having remote parking with shuttles; anticipated about 2000 attendees but said as the event date neared, they might have a better estimate.
Action: To approve the commercial event application for the Pigskins on the Beach Inc. Semi-Pro Flag Football Tournament to be held April 11 - 13, 2003, as recommended by staff.
Motion Yoon, second Keegan. The motion carried, noting the absence of Mayor Edgerton.
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Harold Williams dated October 14, 2002 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions.
Action: To receive and file the status report on capital improvement projects that are either under design or construction, as recommended by staff.
Motion Dunbabin, second Councilmember Reviczky. The motion carried, noting the absence of Mayor Edgerton.
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Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 18, 2002 (PDF File).
| Claimant: | Gary Toy |
| Date of Loss: | 10-11-02 |
| Date Filed: | 10-28-02 |
| Claimant: | Charlotte Longo |
| Date of Loss: | 08-29-02 |
| Date Filed: | 10-17-02 |
Action: To deny the above-noted claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (Mayor Edgerton absent)
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Recommendation to receive and file notice of closed claims. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 18, 2002 (PDF File).
Action: To receive and file the notice of closed claims, as recommended by staff. (Mayor Edgerton absent)
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Recommendation to approve donations of $1000 to the Redondo Union High School Grad Night Committee 2003 and $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2003. Memorandum from City Manager Stephen Burrell dated November 19, 2002 (PDF File).
Action: To approve the requested donations of $1000 to the Redondo Union High School Grad Night Committee 2003 and $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2003, as recommended by staff. (Mayor Edgerton absent)
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Recommendation to receive and file report on Project No. CIP 00-630, Pier Renovation - Phase III, and direct staff to proceed with construction documents for the lifeguard building. Memorandum from Public Works Director Harold Williams dated November 18, 2002 (PDF File).
Action: To receive and file the report on Project No. CIP 00-630, Pier Renovation - Phase III, and direct staff to proceed with construction documents for the lifeguard building, as recommended by staff. (Mayor Edgerton absent)
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Recommendation to receive and file a list of regular and ongoing City Board, Commission and Committee appointive terms (PDF File) which will expire during the 2003 calendar year. Memorandum from City Clerk Elaine Doerfling dated November 20, 2002 (PDF File).
Action: To receive and file the list of regular and ongoing City Board, Commission and Committee appointive terms, which will expire during the 2003 calendar year, as recommended. (Mayor Edgerton absent)
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Recommendation to direct the City Manager to execute agreement for the New Year's Eve Celebration Big Band in the amount of $22,500. Memorandum from City Manager Stephen Burrell dated November 20, 2002 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting, noting that she would like to see downtown merchant participation next year with the funding.
City Manager Burrell responded to Council questions, noting that the event had become a tradition in the community and was helpful in maintaining a calmer atmosphere but that there was no incentive for the merchants to participate in the funding because their establishments were filled to capacity anyway on New Year's Eve.
Action: To direct the City Manager to execute an agreement for the New Year's Eve Celebration Big Band in the amount of $22,500, as recommended by staff.
Motion Dunbabin, second Reviczky. The motion carried, noting the absence of Mayor Edgerton.
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Recommendation to receive and file action minutes from the Planning Commission meeting of November 19, 2002.
Action: To receive and file the action minutes from the Planning Commission meeting of November 19, 2002. (Mayor Edgerton absent)
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Recommendation to adopt resolution approving Final Map #26490 for a 2?unit condominium project at 415 Hopkins Avenue. Memorandum from Community Development Director Sol Blumenfeld dated November 18, 2002 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 02-6239, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #26490 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 415 HOPKINS STREET, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent)
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CONSENT ORDINANCES
NONE
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2 (e), (i), (j), (k), and q) 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.
At 10:15 P.M., the order of the agenda returned to Item 7a.
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PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
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CONSIDERATION OF LIBRARY SERVICES AND THE POSSIBLE WITHDRAWAL FROM THE LOS ANGELES COUNTY PUBLIC LIBRARY SYSTEM. Continued from meeting of October 22, 2002. Memorandum from City Manager Stephen Burrell dated November 21, 2002 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:30 P.M. Coming forward to address the Council on this item were:
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Cathy McCurdy
- - Hermosa Beach, past member of the subcommittee, urged the Council to make the decision to leave the County, citing it as an example of the independence of Hermosa Beach;
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Charlie Cheatham
- - Hermosa Beach, expressed concerns about hidden costs, the amount of staff time, and many suggestions for improvements;
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Carol Brennan
- - Hermosa Beach, urged postponement of separation from the County; said that this seemed like a bad time to separate because money could be lost;
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John Horger
- - Hermosa Beach, discussed access vs. hours of operation, noting that hours of operation would depend on amount of money available; said the County internet system was easy to use and provided access to many books delivered to the Hermosa Beach library; said he tried the independent El Segundo library, which had available only the books on their shelves with no option for delivery to Hermosa; said he was not able to access the County system without his Hermosa Beach library card and PIN; felt access would be decreased with a withdrawal from the County;
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Terry Bindman
- - Hermosa Beach, said County access was better; described requests she made from the County, which provided delivery to Hermosa Beach within 1-1/2 weeks, and from the Redondo Beach library which would have taken two months with no delivery to Hermosa and no ability or order online, and a fee; said when she asked about recent books, she was told by Redondo Beach to use the County system; expressed concern about hidden costs; suggested that the Friends of the Library or a commission work with the County to provide night hours at least a couple of times a week;.
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Laura Guneau
- - Hermosa Beach, said she was for local control but thought book replacement would cost more than anticipated; said the County system provided seven million books, one million titles, and was opposed to fees for loans from other independent libraries;
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Bill Malone
- - Hermosa Beach, Friends of the Library treasurer, said the County had resisted all attempts to adjust or increase hours, while admitting that Hermosa was entitled to more hours; said the County would never provide more than 35 hours and a private library would have a guarantee of 40 hours; said the Friends of the Library had recently authorized $1,600 for the library, for a total of $10,000 this year; said that Shari Petresky indicated that the number of volumes available would be double the seven million claimed by the County; was concerned about the budget but felt that the library would have grass roots support within the City if the State raided property tax money, said the City could purchase the library land and improvements, valued at about one million dollars, for $5700; said separation would eventually come and should be done now;
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Rachel Bindman
- - Hermosa Beach, expressed budgetary concerns; asked if surplus property tax money earmarked for the library would go into the City's general fund; said all librarians are well qualified but questioned access information in Shari Petresky's letter; said that Redondo's suggestion to go to the County for a recent book should raise a red flag; said she did not find the MCLS website to be user friendly; thought that the desire for more hours and the tradition of independence in Hermosa Beach were not enough to withdraw from the County; said many residents have come out to praise the County system and only the Friends of the Library members support withdrawal; thought the County would negotiate for an adjustment of hours;
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Naoma Valdes
- - Hermosa Beach, one of the founders of Friends of the Library over 40 years ago before the County was involved, urged the Council to withdraw from the County; listed the collections of books provided by the Friends of the Library as well as periodicals, videos, and books on tape; said the County did not spent the full amount allocated for the Hermosa Beach library, but instead provided extra funds to poor neighborhoods; said funding would be available for the City to hire someone to manage the library well and better serve the citizens;
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Carol Resnechek
- - Hermosa Beach, said she was torn, as she loved the library and the Friends of the Library, but thought the county has served the residents well; said she was not impressed with other systems; thought independence could be shown by more residents joining with the Friends of the Library to be more assertive in negotiating with the County to adjust the hours;
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Shari Petresky
- - Hermosa Beach, said that people could not be too satisfied with the County when over 6,000 Hermosa Beach residents continue to renew their Redondo Beach library cards; said she did not use the Hermosa library because Redondo was closer, easier, faster, and had more materials on the shelves; and
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Linda Campbell
- - Hermosa Beach, urged the Council to listen to the speakers, most of which wanted to stay with the County; said withdrawing seemed risky; agreed that Hermosa Beach had a tradition of independence but did not believe that most people were in favor of an independent library.
The public hearing closed at 9:05 P.M.
Proposed Action: To direct staff to do further research and study and report back at a future meeting on any issues or provide more detail on the several aspects of the proposal to operate a city library.
Motion Yoon, second Dunbabin. The motion failed, due to the dissenting votes of Reviczky and Keegan, and the absence of Mayor Edgerton.
Action: To reconsider the motion.
Motion Reviczky, second Yoon. The motion carried, noting the dissenting vote of Keegan and the absence of Mayor Edgerton.
Further Action: To direct staff to do further research and study and report back at a future meeting on any issues or provide more detail on the several aspects of the proposal to operate a city library.
Motion Yoon, second Dunbabin. The motion carried, noting the absence of Mayor Edgerton.
The meeting recessed at 9:25 P.M.
The meeting reconvened at 9:44 P.M., at which time the order of the agenda was suspended to go to Item 4, items removed from the Consent Calendar.
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MUNICIPAL MATTERS
NONE
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated November 19, 2002 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action: To acknowledge the holiday parking program to provide three hours of free parking at all silver meters and parking lots from November 27, 2002 through December 25, 2002 to encourage parking in the commercial areas, as recommended by staff.
Motion Keegan, second Yoon. The motion carried, noting the absence of Mayor Edgerton.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCIES - BOARDS AND COMMISSIONS
PUBLIC WORKS COMMISSION - UNEXPIRED TERM ENDING OCTOBER 31, 2004. Memorandum from City Clerk Elaine Doerfling dated November 19, 2002 (PDF File).
City Clerk Doerfling presented the staff report and responded to Council questions.
Action: To bring this item back at the December 10 meeting for appointment from among the applicants on file at that time, with interviews to be held prior to the meeting
Motion Keegan, second Dunbabin. The motion carried, noting the absence of Mayor Edgerton.
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OTHER MATTERS - CITY COUNCIL
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Request from Councilmember Yoon to direct staff to develop a program for City Council consideration for free parking for zero emission vehicles.
Councilmember Yoon spoke to his request, suggesting a program similar to Santa Monica's, which provides two hours of free parking at a limited number of meters.
City Manager Burrell said that this would be limited to the silver meters.
Action: To direct staff to develop a program for City Council consideration for free parking for zero emission vehicles and agendize the matter for a future Council meeting.
Motion Yoon, second Reviczky. The motion carried, noting the absence of Mayor Edgerton.
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Request from Councilmember Dunbabin that the City Council consider the process of updating the General Plan and direct staff to return with a program to do so.
Supplemental information from Community Development received November 26, 2002.
Councilmember Dunbabin spoke to her request.
Action: To refer this issue to the Planning Commission and to direct staff to report back on the anticipated cost of the update.
Motion Dunbabin, second Keegan. The motion carried, noting the absence of Mayor Edgerton.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSD IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on October 22, 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)
| Name of Case: | Hallstein v. City of Hermosa Beach, et al. |
| Case Number: | YC044467 |
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 26, 2002, at the hour of 10:25 P.M. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 10:35 P.M. At the hour of 10:50 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, November 26, 2002, at the hour of 10:51 P.M. to an Adjourned Regular Meeting on Monday, December 9, 2002, at the hour of 7:00 P.M. to consider the promotion project proposed by the Economic Development Committee.
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