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City Council Minutes July 27, 2004
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, July 27, 2004, at the hour of 7:10 p.m.
PLEDGE OF ALLEGIANCE
Peter Barsuk
ROLL CALL
Present:Keegan, Reviczky, Tucker, Mayor Yoon
Absent: Edgerton
ANNOUNCEMENTS
Councilmember Tucker announced (1) the Lifeguard Medal of Valor dinner event at 6 p.m. Wednesday, July 28 at Seaside Lagoon; (2) the International Surfing Festival, a multi-day, South Bay event which includes a pier-to-pier swim, volleyball tournaments, paddleboard and dory races, a sand castle contest, and a competition between the Los Angeles County lifeguards and the visiting Australian lifeguards; (3) the Art Walk on Thursday, July 29, from 5 to 8 p.m. on upper Pier Avenue, noting the expectation that the number of artists this time would double; and (4) the fishing derby that will take place on the Hermosa Pier the weekend of August 31. He then commented on the success of the AVP tournament, saying it was a great event for the City.
Councilmember Keegan said that Gallery C had a lot of new art arriving for display on Thursday, July 29, and invited everyone to stop by from 9 to 11 p.m., after the Art Walk; and said the City’s WiFi project would be launched on August 11.
Mayor Yoon congratulated the winners of the Hermosa Beach open – Holly McPeak, Elaine Youngs, Kevin Wong, and Eric Fonoimoana, said Kerri Walsh would represent Hermosa Beach in the Olympics, and hoped that the volleyball gold medal would remain in Hermosa Beach. He then announced (1) Shakespeare by the Sea performances on Thursday, August 5 (Richard III), and on Friday, August 6 (Two Gentlemen from Verona) at 7 p.m. at the Valley Park Amphitheater; (2) the Los Angeles Air Force Base’s 50th Anniversary ceremony on Friday, July 31, and (3) the Sunset Concerts on the Beach series Sunday, August 1 with Richard Street of the Temptations, Sunday, August 8 with the Coasters, and Sunday, August 15 with the Stone Bridge Band, all taking place at 6 p.m. on the beach south of the pier.
PRESENTATIONS
COMMUNITY ENERGY PARTNERSHIP
Coming forward to address the Council on this item were:
Peter Barsuk – Hermosa Beach resident and member of Leadership Hermosa, introduced Ted Flanigan, Kevin Gaines, and Greg Haney;
Ted Flanigan – Energy Coalition, said their group was partnered with Southern California Edison and Southern California Gas Company; said ten cities were going to participate in the Community Energy Partnership but one had dropped out due to insufficient staff, leaving an opportunity for Hermosa Beach to take part; said blackouts have been avoided so far this season but in the past, power shortages resulted in California’s purchase of overpriced energy; spoke of the need to involve hard-to-reach groups such as small businesses, low-income families, and those who speak languages other than English; said the program sends contractors into homes to provide low-energy light bulbs and replace dangerous lamps and also educates people to buy energy efficient bulbs and appliances; said the reason for partnering with cities is that residents are more responsive to the City Council than to a utility company; spoke of the importance of reaching children in the schools by targeting 4th through 7th graders; said staff time was offset by financial benefit to the City and City facilities;
Kevin Gaines – Energy Coalition, previously an employee of the City of Moreno Valley, said he joined the organization because it provided opportunities unheard of before; said the program would provide an immediate direct financial benefit with a much greater financial benefit over a few years; said it stressed the importance of conservation and energy efficiency: and
Greg Haney – Southern California Edison; said Edison was supportive of the program and has worked closely with the Community Energy Partnership since its inception; said the long-term benefits to the residents were substantial.
City Manager Burrell responded to Council questions.
Action: To direct staff to finalize for adoption at the August 10, 2004 City Council meeting the Memorandum of Understanding and the resolution to participate in the Community Energy Partnership.
Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.
CLOSED SESSION REPORT FOR MEETING OF JULY 13, 2004: No reportable actions.
PUBLIC PARTICIPATION:
There were no written communications this evening.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (f) Mayor Yoon, (k) Tucker, and (l) Tucker.
Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilman Edgerton.
At 7:44 p.m., the order of the agenda was suspended to go to public hearing item 5(a).
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RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
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Regular Adjourned meeting held on June 7, 2004 and,
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Regular meeting held on July 13, 2004..
Action:
To approve as presented the City Council minutes of the Adjourned Regular Adjourned meeting of July 13, 2004, and the Regular meeting of July 13, 2004. (Edgerton absent)
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RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 37242 THROUGH 37360, AS RECOMMENDED BY THE CITY TREASURER.
Action:
To ratify the check register, as presented. (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. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2004 FINANCIAL REPORTS:
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Revenue and expenditure report; (PDF File).
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City Treasurer's report; (PDF File). and
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Investment report. (PDF File).
Action:
To receive and file June 2004 Financial Reports, as presented. (Edgerton absent)
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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 July 15, 2004.(PDF File).
| Claimant: | Rohrbacher, Bernhard |
| Narro, Victor |
| Date of Loss: | 02-18-04 |
| Date Filed | 07-07-04 |
| Allegation: | False arrest |
Action:
To deny the above claim and refer it to the City’s Liability Claims Administrator, as recommended by staff. (Edgerton absent)
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RECOMMENDATION TO ACCEPT DONATIONS OF $10,000 FROM FREEWHEELIN MAGAZINE TO BE USED FOR SUNSET CONCERTS AND $183.50 FROM J.R. REVICZKY TO BE USED FOR THE ART WALK EVENT. Memorandum from Finance Director Viki Copeland dated July 19, 2004.(PDF File).
This item was removed from the consent calendar by Mayor Yoon for separate discussion later in the meeting in order to acknowledge and thank the donors.
Action:
To accept the following donations:
1- $10,000 from Freewheelin’ Magazine to be used for Sunset Concerts
2- $183.50 from J. R. Reviczky for the Art Walk event.
Motion Mayor Yoon, second Tucker. The motion carried, noting the absence of Councilman Edgerton.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated July 19, 2004.(PDF File).
Action:
To receive and file the Public Works report giving the status of capital improvement projects that are either under design or construction as of June 30, 2004. (Edgerton absent)
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RECOMMENDATION TO APPROVE REQUEST FROM BEACH CITIES CHRISTIAN FELLOWSHIP TO WAIVE RENTAL FEES OF $250 FOR THE THEATRE FOR THE 80TH ANNIVERSARY CELEBRATION TO BE HELD ON SEPTEMBER 19, 2004. Memorandum from City Manager Stephen Burrell dated July 21, 2004.(PDF File).
Action:
To approve the request from Beach Cities Christian Fellowship to waive the theatre rental fees of $250 for an 80th Anniversary celebration to be held September 19, 2004, as recommended by staff. (Edgerton absent)
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RECOMMENDATION TO AUTHORIZE THE PURCHASE OF 18 SECOND CHANCE BULLETPROOF VESTS (BODY ARMOR). Memorandum from Police Chief Michael Lavin dated July 5, 2004.(PDF File).
Action:
To authorize the purchase of eighteen Second Chance Bulletproof Vests (Body Armor), as recommended by staff. (Edgerton absent)
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RECOMMENDATION TO APPROPRIATE $5,235 FROM THE CLEEP FUND FOR THE PURCHASE OF A COMMAND CONSOLE TO BE INSTALLED IN A POLICE VEHICLE. Memorandum from Police Chief Michael Lavin dated July 5, 2004.(PDF File).
Action:
To appropriate $5,235 from the CLEEP fund for the purchase of a Command Console to be installed in a police vehicle, as recommended by staff. (Edgerton absent)
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RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION OF LOS ANGELES, CALIFORNIA, FOR CIP PROJECT NO. 02-626 COMMUNITY CENTER THEATER ADA UPGRADES AS COMPLETE; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AUTHORIZE STAFF TO RELEASE RETENTION PAYMENT TO PIMA CORPORATION UPON RECEIPT OF UNCONDITIONAL RELEASE FROM ALL SUBCONTRACTORS AND SUPPLIERS; AND, AUTHORIZE STAFF TO RELEASE PIMA CORPORATION FROM THE FAITHFUL PERFORMANCE BOND AND THE LABOR AND MATERIALS BOND. Memorandum from Public Works Director Richard Morgan dated July 20, 2004.(PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action:
To approve the staff recommendation to:
- Accept the work by Pima Corporation of Los Angeles, California, for CIP Project No. 02-626 Community Center Theater ADA Upgrades as complete;
- Authorize the Mayor to sign the Notice of Completion;
- Authorize staff to release retention payment to Pima Corporation upon receipt of unconditional release from all subcontractors and suppliers; and,
- Authorize staff to release Pima Corporation from the Faithful Performance Bond and the Labor and Materials Bond.
Motion Tucker, second Keegan. The motion carried, noting the absence of Councilman Edgerton.
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RECOMMENDATION TO APPROVE THE MEMORANDUM OF AGREEMENT FOR JURISDICTIONS FIVE AND SIX OF THE SANTA MONICA BAY BEACHES BACTERIA TOTAL MAXIMUM DAILY LOAD IMPLEMENTATION PLAN DEVELOPMENT; APPROVE FUNDING CONTRIBUTIONS TO THE CITY OF REDONDO BEACH FOR THE CONSULTANT, CAMP DRESSER & MCKEE, INC., TO BE USED FOR THE IMPLEMENTATION PLAN DEVELOPMENT IN THE AMOUNT OF $20,591; 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 Richard Morgan dated July 20, 2004. (PDF File).
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action:
To approve the staff recommendation to:
- Approve the Memorandum of Agreement for Jurisdictions Five and Six of the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load Implementation Plan Development;
- Approve funding contributions to the City of Redondo Beach for the consultant, Camp Dresser & McKee, Inc., to be used for the Implementation Plan Development in the amount of $20,591.00; and
- Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
Motion Tucker, second Keegan. The motion carried, noting the absence of Councilman Edgerton.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 2004.(PDF File).
Action:
To receive and file the action minutes of the Planning Commission meeting of July 20, 2004. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 21, 2004.(PDF File).
Action:
To receive and file Notice of Closed Claims, as recommended by staff. (Edgerton absent)
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 6, 2004.(PDF File).
Action:
To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 2004. (Edgerton absent)
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RECOMMENDATION TO ADVANCE $45,000 FROM THE CAPITAL IMPROVEMENT FUND AND APPROPRIATE THAT AMOUNT TO THE BAYVIEW UNDERGROUND DISTRICT FOR THE AGREEMENTS WITH BOND COUNSEL, ASSESSMENT ENGINEER AND FINANCIAL ADVISOR FOR THE PROPOSED BAYVIEW DISTRICT. Memorandum from City Manager Stephen Burrell dated July 22, 2004.(PDF File).
Action:
To approve the staff recommendation to advance $45,000 from the Capital Improvement Fund and appropriate that amount to the Bayview Underground District for the agreements with Bond Counsel, Assessment Engineer and Financial Advisor for the proposed Bayview District. (Edgerton absent)
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(f), (k) 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.
The meeting recessed at 8:27 p.m.
The meeting reconvened at 8:42 p.m., with item 6(d).
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PUBLIC HEARINGS
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ADOPTION OF UPDATED STRUCTURAL STANDARDS TO THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2004.(PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council questions
The public hearing opened at 7:50 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:50 p.m.
Action:
To approve the staff recommendation to adopt Resolution No. 04-6350, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING FINDINGS IN SUPPORT OF ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS WITH UPDATED STRUCTURAL AMENDMENTS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE.”
Motion Keegan, second Tucker. The motion carried, noting the absence of Councilman Edgerton.
Further Action:
To waive full reading and introduce Ordinance No. 04-1242, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS WITH UPDATED STRUCTURAL AMENDMENTS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE.”
Motion Keegan, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
At 7:53 p.m., the order of the agenda went to item 6(c).
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MUNICIPAL MATTERS
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2002-03 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) (INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum from Finance Director Viki Copeland dated July 20, 2004.(PDF File).
Finance Director Copeland presented the staff report and responded to Council questions.
Coming forward to address the Council on this item was:
Gary Caporicci – Caporicci and Larson, independent auditors, described the new format of the statements in the Comprehensive Annual Financial Report (CAFR) and how GASBE 34, a State reporting requirement just implemented by Hermosa Beach, affects the CAFR.
Action:
To approve the staff recommendation to receive and file the 2002-03 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, the City’s independent auditors.
Motion Reviczky, Keegan second. The motion carried, noting the absence of Councilman Edgerton.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 2004-1 (BEACH DRIVE). Memorandum from Finance Director Viki Copeland dated July 22, 2004. A supplemental revised report and resolution was received from Director Copeland on July 27, 2004.(PDF File).
Finance Director Copeland presented the staff report and responded to Council questions. (This item was heard jointly with item 6e.)
Action:
To approve the staff recommendation to adopt Resolution No. 04-6351, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 2004-1 (BEACH DRIVE).”
Motion Keegan, second Tucker. The motion carried, noting the absence of Councilman Edgerton.
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RECOMMENDATION TO ESTABLISH CONTRACT WITH THE WHALE RESCUE TEAM ORGANIZATION.Memorandum from Police Chief Michael Lavin dated July 22, 2004.(PDF File).
Police Chief Lavin presented the staff report and responded to Council questions. City Manager Burrell responded to Council questions as well.
Coming forward to address the Council on this item was:
Peter Wallerstein – president and founder of the Whale Rescue Team organization, said the group responds to lifeguard or resident requests and that his methods made rescues safer for the animals and for people; said that he would always notify the City that he was going to perform a rescue and had liability insurance; said he had developed new rescue techniques and equipment; said his rescues represented a cost savings for the City since he charged only $1 per year for his services and City personnel did not have to perform the rescues; said that lifeguards and police officers assisted with crowd control during the rescues.
Action:
To authorize the City Manager to establish a contract with the Whale Rescue Team organization to conduct marine mammal rescues on the beaches of Hermosa Beach, as recommended by staff, with the City named as an additional insured on the Whale Rescue Team’s liability insurance policy.
Motion Reviczky, Tucker second. The motion carried, noting the absence of Councilman Edgerton.
At 8:02, the order of the agenda went to item 6(a).
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WORK PLAN FOR THE 2004-05 FISCAL YEARMemorandum from City Manager Stephen Burrell dated July 22, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To approve the work plan as presented, subject to the following:
- Delete the C-3 Mixed Use Development Standards from proposed Planning/Zoning projects; and
- Establish a subcommittee consisting of Councilmembers Tucker and Keegan for Police/Fire/Government Building master planning.
Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
At 9:32, the order of the agenda went to item 8(a).
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RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING ISSUANCE OF BONDS FOR BEACH DRIVE ASSESSMENT 2004-1. Memorandum from Finance Director Viki Copeland dated July 20, 2004. A supplement report and resolution was received from Director Copeland on July 27, 2004.(PDF File).
Finance Director Copeland presented the staff report and responded to Council questions. (This item was heard jointly with item 6b.)
Action:
To approve the staff recommendation to adopt Resolution No. 04-6352, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED OBLIGATION IMPROVEMENT BOND FOR ASSESSMENT DISTRICT NO. 2004-01 (BEACH DRIVE).”
Motion Keegan, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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AB2702 (STEINBERG), HOUSING LAW MANDATE SECOND UNITS. Memorandum from City Manager Stephen Burrell dated July 15, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To approve a letter opposing AB2702 (Steinberg) and direct staff to track the bill, as recommended by staff.
Motion Reviczky, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.
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DOWNTOWN RESIDENTS MEETING – WEDNESDAY, AUGUST 4, 2004. Memorandum from City Manager Stephen Burrell dated July 22, 2004.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To receive and file the report scheduling the next Downtown Residents Meeting for 7 p.m., Wednesday, August 4, 2004, in the Council Chambers.
Motion Tucker, second Reviczky . The motion carried, noting the absence of Councilman Edgerton.
At 8:16 p.m., the order of the agenda went to item 8(b)
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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VACANCY – BOARDS AND COMMISSIONS – APPOINTMENT TO BOARD OF APPEALS (HOUSING AUTHORITY AND APPEALS BOARD). Memorandum from City Clerk Elaine Doerfling dated July 19, 2004. A supplemental revised application was received from James Walker on July 26, 2004(PDF File).
City Clerk Doerfling presented the staff report and responded to Council questions.
Action:
To appoint Bruce Cook to fill the vacancy on the Board of Appeals. Nomination Reviczky, second Tucker, and approved, noting the absence of Councilman Edgerton.
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DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated July 14, 2003.(PDF File).
City Manager Burrell presented the staff report and responded to Council questions.
Action:
To designate Mayor Yoon as the City’s voting delegate at the League of California Cities Annual Business Meeting on September 19, 2004.
Motion Mayor Yoon, second Tucker. The motion carried, noting the absence of Councilman Edgerton.
At 8:17, the order of the agenda returned to item 4.
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OTHER MATTERS - CITY COUNCIL
None
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 May 11, 2004.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: APN 4188-028-901 & 4188-028-902
Negotiating Parties: Stephen Burrell and Mar Ventures, Inc.
Under Negotiation: Price & Terms of Payment
ADJOURN TO CLOSED SESSION The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 27, 2004, at the hour of 9:33 p.m. to a closed session.
RECONVENE TO OPEN SESSION The Closed Session convened on Tuesday, July 27, 2004, at the hour of 9:43 p.m. At the hour of 9:58 p.m., the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS –There were no decisions made requiring a public announcement.
ADJOURNMENT
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