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City Council Minutes September 9, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, September 9, 2003, at the hour of 7:12 p.m.
PLEDGE OF ALLEGIANCE
Pete Tucker
ROLL CALL
Present: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Mayor pro Tempore Yoon announced a California Coast Cleanup Day on Saturday, September 20, and a viewing party that evening on the Pier Plaza sponsored by the Fox TV series "The OC" which, ironically, was set in Orange County.
Councilmember Dunbabin added that almost every scene of "The OC" is shot in Hermosa Beach, even though the show supposedly takes place in Orange County; announced that the City Community Picnic, sponsored by Mervyn's/Target Beach Bash funds, would take place Sunday, September 21, at Valley Park, and that the Chamber of Commerce had relocated the Farmers' Market to a safer location behind the City's Community Services building at Eighth Street and Valley Drive; and referred to a recent London Times article designating Hermosa Beach as an enjoyable travel destination.
Councilmember Edgerton said he was pleased about the favorable mention of Hermosa Beach in a major European newspaper. He then announced that the Los Angeles County Lifeguards had successfully defended their title for the 17th year at the national lifeguard competition, held this year in New Jersey, which included lifeguards from all American coastal areas, and suggested that the City honor the Hermosa Beach participants.
Mayor Keegan reported that he, City Manager Burrell, and Fire Chief Tingley had attended the annual League of California Cities conference in Sacramento, noting the unanimous vote of 400 cities for the League to propose a constitutional change to the method by which cities receive funding from the state, which would allow cities to fiscally plan ahead. He said that the proposed change would be on the November 2004 ballot, with more information to follow. He provided a Conference packet to each of the Councilmembers.
City Manager Burrell said the League conference provided the most organized and aggressive stance the League had ever taken, with strong goals in mind.
PRESENTATIONS
Pete Tucker presented the City with a baseball bat signed by Morgan Ensberg, former Hermosan and current Houston Astro, who played at Dodger Stadium on September 3, with a busload of Hermosa Beach residents in attendance, and to whom a proclamation was presented designating September 3, 2003 as Morgan Ensberg Day in Hermosa Beach.
CLOSED SESSION REPORT FOR MEETING OF AUGUST 12, 2003: NO REPORTABLE ACTIONS.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
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Letter from John Hales regarding the need for a pedestrian crosswalk at the intersection of Herondo Street and Valley Drive.
City Manager Burrell said the intersection was entirely in the City of Redondo Beach and that he would find out if the two cities could work together to provide a pedestrian crosswalk.
Coming forward to address the Council at this time were:
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Candace Vance
- - Hermosa Beach, homeowner in the Beach Drive Undergrounding District speaking on behalf of neighbors who were never asked to sign the petition submitted to the City Manager which overwhelmingly showed that the majority of homeowners were opposed to the undergrounding, said at the last meeting, the Council decided to send out a straw ballot and, out of the 22 homes in her area, seven addresses or ownership were inaccurate, and four of the homeowners she contacted said they were given a much higher cost estimate and were told that they would have to pay to repave the alley; said the City process had been followed and the straw vote results should not be considered valid because of inaccurate information;
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Pete Tucker
- - Hermosa Beach, reported that the first meeting of the Pacific Coast Highway/Aviation Boulevard Corridor Business Owners Association took place September 5 and that input was received by about 12 business owners on many issues, including gateway signs; said the next meeting was on October 17 at the Community Center and it was hoped that even more business owners would attend; and
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Evan Wright
- - Hermosa Beach, Beach Drive Undergrounding District homeowner, said the straw vote was taken in an disorganized manner; and homeowner information from the tax records was inaccurate; said the work was almost complete for the research portion of the project; that accurate cost information should be provided to homeowners in the district so they could make informed decision; said the process began about two years ago and should continue for approximately 30 days; urged the Council to let the process be completed.
City Manager Burrell responded to Council questions.
Action: To agendize a discussion of the Beach Drive Undergrounding District, at which time staff would provide a status report.
Motion Dunbabin, second Edgerton.
Continuing to come forward to address the Council was:
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Jack Janken
- - Hermosa Beach, discussed his complaint against City Manager Burrell, Community Development Director Blumenfeld, and City Attorney Jenkins for their failure to inform the City Council of state law regarding the Board of Appeals; distributed a revised written description of his complaint; requested an open forum to discuss his complaint.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (r), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (k) Reviczky, (l) Keegan, and (n) Yoon.
Motion Yoon, second Dunbabin. The motion carried by a unanimous vote.
At 7:48 p.m., the order of the agenda was suspended to go to public hearing item 5(a).
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Recommendation to approve minutes of the regular meeting of the City Council held on July 8, 2003.
Action: To approve the minutes of the Regular City Council meeting of July 8, 2003.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 33871 THROUGH 34182, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 32841, 33876, 33951, 33978, AND 34002 AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check register as presented.
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Recommendation to receive and file Tentative Future Agenda Items (PDF File).
Action: To receive and file the tentative future agenda Items as presented.
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Recommendation to receive and file the July 2003 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 July 2003 Financial Reports, as presented.
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Recommendation to receive and file the action minutes of the Planning Commission meeting of August 19, 2003.
Action: To receive and file the action minutes of the August 19, 2003 Planning Commission meeting.
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Recommendation to adopt resolution approving final map #26830 for a 2?unit condominium project at 1901 and 1903 Palm Drive. Memorandum from Community Development Director Sol Blumenfeld dated August 25, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6295, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP #26830 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1901 AND 1903 PALM DRIVE, HERMOSA BEACH, CALIFORNIA. "
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Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated August 21, 2003.
Action: To receive and file the status report on capital improvement projects that are either under design or construction, as recommended by staff.
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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 August 4, 2003 (PDF File).
| Claimant: | Teixeira, Kevin |
| Date of Loss: | 08-30-02 |
| Date Filed: | 03-03-03 |
Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation to appropriate $20,651.76 for a grant awarded to the City through the Homeland Security Grant Program (2003-0167, OES #037-00000) and authorize a budgeted revenue amount of $20,651.76 for reimbursed expenditures associated with this grant. Memorandum from Police Chief Michael Lavin (PDF File).
Action: To approve the staff recommendation to:
- Appropriate $20,651.76 for a grant awarded to the City of Hermosa Beach through the Homeland Security Grant Program (2003-167, OES #037-00000); and
- Authorize a budgeted revenue amount of $20,651.76 for reimbursed expenditures associated with the grant.
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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 August 28, 2003 (PDF File).
| Claimant: | Mohlman, Paul |
| Date of Loss: | 06-01-03 |
| Date Filed: | 08-27-03 |
Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation to accept a donation of $10,000 from the Haley Miranda Group to be used for the Sunset Concert held on August 17, 2003. Memorandum from Finance Director Viki Copeland dated August 28, 2003 (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: To accept the donation of $10,000 from the Haley Miranda Group to be used for the Sunset Concert that was held on August 17, 2003
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
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Recommendation to adopt resolution authorizing the City of Hermosa Beach to participate in the Safe Surrender Program for Children. Memorandum from Fire Chief Russell Tingley dated August 28, 2003 (PDF File).
This item was removed from the consent calendar by Mayor Keegan for separate discussion later in the meeting.
Fire Chief Tingley presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 03- 6299, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY OF HERMOSA BEACH TO PARTICIPATE IN THE SAFE HAVEN PROGRAM FOR CHILDREN."
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.
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Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 5, 2003.
Action: To receive and file the action minutes of the August 5, 2003 Parks, Recreation and Community Resources Advisory Commission meeting.
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Recommendation to approve the First Amendment to the Professional Services Agreement with Quantum Consulting for an increase in services and contract amount of $55,500; authorize the City Clerk to attest and the Mayor to execute said amendment upon approval as to form by the City Attorney; authorize the appropriation of $75,000 from the 160 Sewer Fund; and, authorize the Director of Public Works to make minor changes as necessary not to exceed $5,550. Memorandum from Public Works Director Richard Morgan dated August 29, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Yoon for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions, stating that extra staff time had been required to provide weekly updated notices to residents and that efforts would be increased in the future.
Action: To approve the staff recommendation to:
- Approve the attached First Amendment to the Professional Services Agreement between the City of Hermosa Beach and Quantum Consulting for an increase in services and contract amount of $55,500;
- Authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement, upon approval as to form by the City Attorney;
- Authorize the appropriation of $75,000 from the 160 Sewer Fund; and
- Authorize the Director of Public Works to make minor changes as necessary not to exceed $5,550.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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Recommendation to accept the work by Terra-Cal Construction, Inc. for Project No. CIP 95-507 - Valley Park Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Terra-Cal Construction, Inc. (5% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated August 29, 2003 (PDF File).
Action: To approve the staff recommendation to:
- Accept the work by Terra-Cal Construction, Inc. for Project No. CIP 95-507 - Valley Park Improvements;
- Authorize the Mayor to sign the Notice of Completion; and
- Authorize Staff to release payment to Terra-Cal Construction, Inc. (5% retained for 35 days following filing of Notice of Completion).
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Recommendation to adopt a resolution approving Memoranda of Understanding between the City and the Hermosa Beach Management Association. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 2, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6296, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT EMPLOYEES BARGAINING UNIT."
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Recommendation to adopt a resolution approving Memoranda of Understanding between the City and the Hermosa Beach Firefighters' Association. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 2, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6297, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH FIREFIGHTERS' ASSOCIATION."
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Recommendation to adopt a resolution approving Memoranda of Understanding between the City and the Hermosa Beach Police Management Bargaining Unit. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 4, 2003 (PDF File).
Action: To approve the staff recommendation to adopt Resolution No. 03-6298, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT."
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CONSENT ORDINANCES
NONE
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(k), (l), and (n) 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 10:25 p.m., the order of the agenda was returned to Item 7(a).
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PUBLIC HEARINGS
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PROPOSITION A TRANSPORTATION FUNDS - WAVE DIAL?A?RIDE; RECREATION TRANSPORTATION; COMMUTER EXPRESS BUS; SENIORS TAXI VOUCHERS; BUS PASS SUBSIDY AND RELATED COSTS. Memorandum from City Manager Stephen Burrell dated August 27, 2003 (PDF File). Supplemental letter in support of the WAVE received September 8, 2003, from Suparat Maneemongkol.
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:14 p.m. Coming forward to address the Council on this item was:
- Terisa Price
- - Transit Manager for the City of Redondo Beach and Chair of the MTA South Bay Service Sector Government Council, encouraged Council to participate in a regional fixed route transit system; said the WAVE was the only public transit in the beach cities offering rides to all people for all purposes; urged the Council to continue the 16-year partnership with Redondo Beach; provided a per trip cost of $10.13 to $13.44; said advantages of the WAVE were freedom of mobility between the two communities, access to the downtown area without additional parking spaces; traffic and air quality improvements, and lessening isolation for the senior community;
- Jody Korstfet
- - Hermosa Beach, said she had recently moved from Manhattan Beach and was told she would need to get in line at 4 a.m. to obtain a seat on the WAVE for her child's after school program because all the seats were taken; said bigger buses or more buses were needed;
- Jan Miller
- - Hermosa Beach, said after-school extended care at South Park was made possible for her child because of the WAVE; said she would not feel comfortable with even two or three children together in a taxicab; said working parents needed this service year round for summer camp;
- Charlie Cheatham
- - Hermosa Beach, said residents would support a fixed route transit system that would provide access to the downtown without parking impacts and allow tourists to park at remote areas;
- Ann Laverne
- - Hermosa Beach, said she was a disabled homeowner who had used the WAVE regularly but recently learned of the taxi voucher program, which gave her mobility beyond medical appointments; said the WAVE had limitations because it was not available 24 hours a day and allowed only four grocery bags but was still a valuable backup to the taxi voucher program, which was only for seniors;
- Tim Harris
- - Hermosa Beach, said his mother used the WAVE six times a week to go to the grocery store, church, the drug store; said elimination of the WAVE would decrease the ability of many people to get around;
- J. K. Watson
- - Redondo Beach, said she was not a senior or disabled person, but used the WAVE every day to visit merchants and restaurants in Hermosa Beach;
- Bibi Odgelie
- - Sunrise Assisted Living Facility employee, said she loved the WAVE and preferred it to the taxi voucher program because she found it the easiest for the many reservations she made for residents at the facility; said she would like to see a tram like the old red car;
- Stephanie (no last name given)
- - Redondo Beach, said she would like the WAVE service to continue;
- Gigi Silas
- - Redondo Beach, said she had used the WAVE for all of her errands since her back injury, had never waited for more than 15 minutes, and felt that the drivers were wonderful;
- Nicki Tedesco
- - Redondo Beach, said she had used the WAVE for about 14 years; said her expense was about $90 per month and that it was well worth the cost;
- Kathleen Phillips
- - Redondo Beach, director of South Bay Adult Care Center, said it was difficult for clients to get in and out of a cab;
- Cheryl (no last name given)
- - Redondo Beach, said she used the WAVE two or three times a week to go to Rocky Cola Caf矡nd loved it; said the drivers had respect for their passengers; said she could not get in and out of a cab because she needed the wheel chair lift offered by the WAVE;
- Lisa (no last name given)
- - Redondo Beach, said Hermosa Beach was her favorite place to go on the WAVE, that she did almost all of her shopping in Hermosa and also takes visitors there; said merchants would lose business if the WAVE was discontinued;
- (No Name Given)
- - Hermosa Beach, said she was 92 years old and found the WAVE to be a very good means of transportation and the drivers helped her unload her groceries; thanked the City Council for supporting the WAVE; and
- Darian Debellis
- - Hermosa Beach, South Bay Yellow Cab Co-Op, said the WAVE was a good program, just outdated and expensive, that provided general transportation and most passengers were not seniors or disabled; cited programs in the Palos Verdes Peninsula, Carson, and, in October, Torrance, that used taxis with wheelchair lifts and electronic ramps and accommodated two wheelchairs; understood the discomfort parents might feel about students using taxis, but said they are used to transport 1,000 school kids each day, most of whom are physically or mentally impaired special education students, and the drivers undergo background checks by the Department of Justice, just as the WAVE drivers do; agreed that a fixed route system through the beach cities would be a good idea; said the taxi voucher service area was double the size of the WAVE's area, the City's cost was $12 per trip, passengers were picked up in 15 minutes or less, there was no limit on the number of grocery bags, and users must be Hermosa Beach residents.
The public hearing closed at 9:05 p.m.
Proposed Action: To continue all programs as they are, with direction to determine a cost per trip for the WAVE and to investigate the feasibility of developing a fixed route loop system connecting the three beach cities.
Motion Keegan, second Edgerton. The motion failed, noting the dissenting votes of Dunbabin, Reviczky, and Yoon.
Action: To continue the issue to the meeting of September 23, 2003, and direct staff to provide additional information, including cost per trip for the WAVE and the feasibility of developing a fixed route loop system connecting the three beach cities.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
The meeting recessed at 9:47 p.m.
The meeting reconvened at 10:06 p.m.
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MUNICIPAL MATTERS
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MOVIES ON THE BEACH. Memorandum from Community Resources Department dated September 3, 2003 (PDF File). Supplemental movie selection list received on September 9, 2003.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item were:
- Jennifer Kozlak
- - Promotion Coordinator, Makai Events and Promotions, Inc., said IMG Online Banking was proposing this event to provide exposure to its services and that in the future would like to provide annual Movies on the Beach, maybe each Sunday for a whole month, similar to the Concert series; and
- Robbie Thain
- - President and CEO, Makai Events and Promotions, Inc., said the program had been scaled back to just Sunday night, eliminating Saturday, and that IMG would have two promotional booths - for popcorn and soda and for distributing promotional items for those interested in signing up for online banking.
Action: To approve the event to be held Sunday, September 28, 2003, as recommended by staff, and to choose "The Wizard of Oz" as the movie to be shown.
Motion Yoon, second Dunbabin. The motion carried by a unanimous vote.
At 10:17, the order of the agenda was returned to Item 4.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD - JOE TERRY OF PENNY RX OF CANADA. Memorandum from City Manager Stephen Burrell dated September 3, 2003 (PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action: To appoint Joe Terry as a representative of the City's business community to the South Bay Workforce Investment Board.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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OTHER MATTERS - CITY COUNCIL
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Request from Councilmember Sam Edgerton to direct City Manager to return with a report on how complaints/service requests are handled by each of the City departments along with suggestions for improvements.
Councilmember Edgerton spoke to his request.
Action: To direct staff to agendize this subject and bring back a report explaining the process.
Motion Edgerton, second Yoon
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Request from Councilmember Sam Edgerton to adjourn the meeting in the memory of Steve Fishman
Councilmember Edgerton noted that Steve Fishman, a giant in the community, a very positive, successful mortgage broker, who contributed to the school community and coached Little League, had recently died in a car accident. He requested that staff prepare a memorial certificate to send to Mr. Fishman's wife Vanessa and their five children.
Councilmember Edgerton also noted that Three Padres, a non-profit organization, had been created, to collect donations for three benches at Valley Park for three important members of the community who had died in the last few months - Steve Fishman, Joe Cartwright, and Brad Ellis, the location in the park being chosen by each of their widows. He added that the cost of the benches was $2,265 each, and that Pat Eyeow and Julie Peha were accepting donations.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on July 22, 2003.
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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)
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Name of Case: Macpherson v. City of Hermosa Beach
Case Number: BC172546
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CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
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City Negotiator: | Stephen Burrell
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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
Unrepresented employees
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, at the hour of 10:33 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 10:45 p.m. At the hour of 11:45 p.m., on Tuesday, September 9, 2003, 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 Steve Fishman, on Tuesday, September 9, 2003, at the hour of 11:46 p.m. to the Regular Meeting on Tuesday, September 23, 2003, at the hour of 7:10 p.m.
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