MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 10, 2002, at the hour of 7:17 P.M.

PLEDGE OF ALLEGIANCE

Cub Scout Pack 860

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Reviczky announced that the 10th Annual Beach Cities Toy Drive was underway, noting that toys for needy children could be dropped off at the Hermosa Beach or Manhattan Beach fire stations, the Chamber of Commerce, the Community Center or City Hall, and said that everyone was welcome to participate in the wrapping party on December 21 at 11 A.M. at the Joslyn Center in Manhattan Beach at 15th Street and Valley Drive.

Councilmember Yoon announced a fundraiser for Dig For Kids (a foundation run by local beach volleyball Olympic gold medallist Eric Fonoimoana) to be held at 7 P.M. Thursday, December 12, at Sangria. He congratulated Mira Costa High School for their great season and said the Division 3 Championship game would be held on Friday, December 13 at 7:30 P.M.

Councilmember Dunbabin announced the annual New Year's Eve celebration on Pier Plaza beginning at 8 P.M. She said the event would include dancing to live big band music by the group that has performed in previous years.

City Manager Burrell said that sandbags were available at City Hall for protection during the upcoming rainy season.

CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 26, 2002: NO REPORTABLE ACTIONS.

1. PUBLIC PARTICIPATION:

   None.

2. CONSENT CALENDAR:

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

   1. Recommendation to approve minutes of the regular meeting of the City Council held on November 26, 2002.

      Action: To approve as presented the City Council minutes of the Regular meeting of November 26, 2002.

   2. 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.

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

      Action: To receive and file Tentative Future Agenda Items, as presented.

   4. 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 November 26, 2002 (PDF File).

      Claimant:	Jennifer Garnica
      Date of Loss:	06-06-02
      Date Filed:	11-25-02

      Claimant:	Michael Forte
      Date of Loss:	10-15-02
      Date Filed:	11-26-02

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

   5. Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 20, 2002.

      Action: To receive and file the action minutes of the November 20, 2002 Public Works Commission meeting, as presented.

   6. Recommendation to accept donations of $1,500 from the Woman's Club of Hermosa Beach to be used for the Kinder Photo Project and for traffic safety programs. Memorandum from Finance Director Viki Copeland dated December 3, 2002 (PDF File).

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

      Action: Adopt staff recommendation.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

   7. Recommendation to approve the class specification for Senior Building Inspector. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 5, 2002 (PDF File).

      Action: Adopt staff recommendation.

   8. Recommendation to adopt resolution approving Final Map #26395 for a 3?unit condominium project at 106, 108 and 110 8th Street. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 2002 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 02-6241, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26395 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 106, 108 AND 110 EIGHTH STREET, "

   9. Recommendation that the City Council adopt resolution supporting a cooperative effort of South Bay cities for homeland security through mutual aid. Memorandum from City Manager Stephen Burrell dated December 5, 2002 (PDF File).

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

      City Manager Burrell responded to Council questions.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6242, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING A COOPERATIVE EFFORT AMONG SOUTH BAY CITIES TO COORDINATE HOMELAND SECURITY, PROVIDE MUTUAL AID FOR THE MANAGEMENT OF INCIDENTS, AND WORK TOGETHER AFTER A DISASTER TO RESTORE PEACE AND NORMALCY TO THE SOUTH BAY AREA." Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

   10. Recommendation to continue the Commercial Banner Program for another two year period with minor changes in the administration of the program. Memorandum from City Manager Stephen Burrell dated December 5, 2002 (PDF File).

       Action: To approve the staff recommendation to continue the Commercial Banner Program for another two-year period with the following minor changes in the administration of the program: (1) to allow users to purchase a minimum of one month and a maximum of three months per application to allow the participation by groups unable to secure a sponsor for the entire three-month period; and (2) to set a new deadline schedule of four weeks prior to the reserved time to complete all aspects of the application.

   11. Recommendation to receive and file the action minutes of the Planning Commission meeting of December 4, 2002.

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

       Action: To initiate the City Council review of the Planning Commission's action on Item No. 7 - approval of proposed Conditional Use Permit and Precise Development Plan amendments at Ein Steins, 1301 Manhattan Avenue.
       Motion Keegan, second Dunbabin.

       Further Action: To initiate the City Council review of the Planning Commission's action on Item No. 9 - denial of proposed General Plan Amendment and Zone Change at 726 10th Street.
       Motion Yoon, second Keegan.

       Final Action: To receive and file the balance of the action minutes of the Planning Commission meeting of December 4, 2002.
       Motion Yoon, second Keegan. The motion carried by a unanimous vote.

3. CONSENT ORDINANCES

   NONE

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(f), (i), and (k) were heard at this time but are shown in order for clarity.

5. PUBLIC HEARINGS

   1. VACATION OF A PORTION OF 5TH STREET BETWEEN THE STRAND AND BEACH DRIVE. Memorandum from Public Works Director Harold Williams dated November 20, 2002 (PDF File).

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

      The public hearing opened at 7:40 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:40 P.M.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6243, entitled "A RESOLUTION OF THE COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT FOR PUBLIC PURPOSES A PORTION OF FIFTH STREET, BETWEEN THE STRAND AND BEACH DRIVE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1, PAGES 25 AND 26, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER" with the City Attorney's caveat that recordation of the resolution be postponed until the deed from the property owner is received by the City.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

6. MUNICIPAL MATTERS

   1. PROPOSED CITATION PROGRAM - COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT. Memorandum from Community Development Director Sol Blumenfeld dated December 4, 2002 (PDF File).

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

      Action: To approve the code enforcement citation program and direct staff to work with the City Attorney to amend the penalty provisions of the Municipal Code, as recommended by staff.
      Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.

   2. PROPOSED SPEED HUMP POLICIES AND PROCEDURES. Memorandum from Public Works Director Harold Williams dated November 25, 2002 (PDF File).

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

      Action: To refer the item back to the Public Works Commission with direction to streamline the policy, which should include a provision requiring 67% of the residents to sign a petition approving speed humps, and to make residents aware that funding is not guaranteed and that they have the option to provide funding themselves; and to direct the Police and Fire departments to review the streamlined policy prepared by the Public Works Commission before it comes back to the City Council.
      Motion Mayor Edgerton, second Yoon. The motion carried by a unanimous vote.

   3. FIVE-YEAR CAPITAL IMPROVEMENT PLAN - FISCAL YEARS 2002-03 THROUGH 2006-07. Memorandum from Public Works Director Harold Williams dated December 4, 2002 (PDF File).

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

      Action: To approve the Five-Year Capital Improvement Plan for Fiscal Year 2002-03 through Fiscal Year 2006-07, as recommended by staff.
      Motion Reviczky, second Yoon. The motion carried by unanimous vote.

The meeting recessed at 9:46 P.M.
The meeting reconvened at 9:55 P.M.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   1. STREET SWEEPING COSTS - PREVAILING WAGES. Memorandum from City Manager Stephen Burrell dated December 5, 2002 (PDF File).

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

      Action: To approve the staff report to direct staff to participate in a cooperative effort to ask the state to review the determination of the requirement to cover street sweeper operators in the prevailing wages statute.
      Motion Dunbabin, second Mayor Edgerton. The motion carried by a unanimous vote.

   2. TYCO PROJECT PLANNING FOR ALLOCATION OF FUNDS RECEIVED. Memorandum from City Manager Stephen Burrell dated December 4, 2002 (PDF File).

      City Manager Burrell presented the staff report and responded to Council questions, stating that the funds could be added to this year's budget at the mid-year review; that the Council can allocate funds toward the pier project, and that money from Tyco will cycle through in years to come.

      The consensus of the City Council was to allocate $800,000 for the Pier project, $275,000 for repairing Second Avenue, with any remaining funds to be used to repave Monterey from Herondo to Fourth Street.

      Action: To place the Tyco funds in the Capital Improvement Project Fund.
      Motion Mayor Edgerton, second Dunbabin. The motion carried by a unanimous vote.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   1. APPOINTMENT TO PUBLIC WORKS COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated December 5, 2002 (PDF File).

      Action: To appoint David Cohn to the Public Works Commission to fill an unexpired term ending October 31, 2004.
      Motion Keegan, second Reviczky. The motion failed, noting the lack of majority approval.

      Action: To appoint Brian Koch to the Public Works Commission to fill an unexpired term ending October 31, 2004.
      Motion Yoon, second Dunbabin. The motion carried, noting the majority approval.

9. OTHER MATTERS - CITY COUNCIL

   None.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 10, 2002, at the hour of 10:17 P.M. to a Regular Meeting on Monday, January 6, 2003, at the hour of 7:10 P.M.