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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, December 14, 2004, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

All the children receiving Bookmark Contest Awards

ROLL CALL

Present:Keegan, Reviczky, Tucker, Mayor Yoon
Absent: Edgerton

ANNOUNCEMENTS

Mayor Pro Tempore Reviczky asked that the meeting be adjourned in memory of Father Ignatius Hinkle, who recently passed away in a home for Franciscan priests in the Bay area, noting that Father Ignatius had been an instructor of his at Bishop Montgomery High School, served as a pastor at Our Lady of Guadalupe Church and a missionary in Mexico, and was often seen roller skating on the Strand in his Roman collar and cross. He announced that there would be a Christmas tree recycling bin at the Clark Building parking lot beginning on December 26, with a reminder to everyone that trees would also be picked up on regular trash days as usual.

Councilmember Tucker provided a phone number (1-888-382-1222) to be called from a person’s cell phone to protect them from receiving solicitor phone calls. He then announced the wrapping party for the South Bay Toy Drive at the Manhattan Beach Joslyn Center, 1601 Valley Drive, from 11:00 a.m. to 2:00 p.m., noting that parents and children were welcome and T-shirts, entertainment and food would be provided, and requested that attendees bring scissors and tape.

Mayor Yoon congratulated USC Football on going to Miami to defend its championship; reminded everyone about the City’s New Year’s Eve Celebration at Pier Plaza, a fun family-friendly event; and wished everyone a Merry Christmas and a Happy Kwanzaa. He said on Thursday morning, December 16, between 7:00 and 8:00 a.m., on KTLA, Channel 5, the Hermosa Valley School student council would be seen in action representing the City; and then announced the Household Hazardous Waste Round-Up event on Saturday, January 22, 2005, from 9:00 a.m. to 3:00 p.m. at Clark Stadium on Valley Drive between 8th and 11th Streets.

PROCLAMATIONS & PRESENTATIONS

COUNTY OF LOS ANGELES
PUBLIC LIBRARY 2004 BOOKMARK CONTEST WINNERS

Martha Philippoff, manager of the Hermosa Beach Library, introduced Nina Peters, Youth Services Librarian who explained the contest and presented awards to the children, and Mayor Yoon congratulated each one of them and presented City pins.

HERMOSA BEACH HISTORY MONTH

Mayor Yoon proclaimed January 2005 Hermosa Beach History Month to kick off preparations for the City’s centennial celebration in 2007.

PUBLIC PARTICIPATION:

There was no written correspondence.

Coming forward at this time to address the Council were:

Gene Dreher – Hermosa Beach, expressed concern about the jet traffic late at night, which appears to be coming from Long Beach rather than LAX, and asked the Council to look into the problem of aircraft noise disturbing his sleep at night (Mayor Yoon said that the Council subcommittee would make sure that their contact for LAX noise problems is made aware of the situation); and

Greg Grinnell – Hermosa Beach, requested that the Council vote favorably to expand free WiFi service to the entire City and urged residents to speak at the January 11, 2005 Council meeting at which this topic will be discussed again.

Councilmember Tucker suggested that the specified street lights which had been turned off be turned back on and requested that the topic be agendized for the City Council meeting of December 14 or January 11, with the possibility of increasing assessments. Mayor Yoon concurred that this topic be agendized.

  1. CONSENT CALENDAR:

    City Manager Burrell requested that the Council continue item 2(k) (ICMA Joint Exercise of Powers Agreement amendment) to the meeting of December 14. Council consensus was to approve this recommendation.

    Action: To approve the consent calendar recommendations (a) through (q), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (d) Keegan, (f) Tucker, (g) Reviczky, (l) Tucker, (o) Reviczky, (p) Reviczky; and (q) Tucker. Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.

    1. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

      1. Adjourned regular meeting held on November 23, 2004 ; and
      2. Regular meeting held on November 23, 2004.

      Action: To approve To approve as presented the City Council minutes of the Adjourned Regular meeting of November 23, 2004, and the Regular meeting of November 23, 2004. (Edgerton absent)

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38582 THROUGH 38790, INCLUSIVE.

      Action: To ratify the check register, as presented.(Edgerton absent)

    3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.(PDF File).

      Action: : To receive and the file tentative future agenda items, as presented. (Edgerton absent)

    4. RECOMMENDATION TO APPROVE DONATIONS OF $1,000 TO THE REDONDO UNION HIGH SCHOOL GRAD NIGHT COMMITTEE 2005 AND $1,000 TO THE MIRA COSTA HIGH SCHOOL G.R.A.D. BOOSTER CLUB FOR 2005. Memorandum from City Manager Stephen Burrell dated December 7, 2004.(PDF File).

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

      City Manager Burrell responded to Council questions.

      Action :

      To approve, as recommended by staff, the following donations:
      1) $1,000 to the Redondo Union High School Grad Night Committee 2005; and
      2) $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2005.
      Motion Keegan, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.

    5. 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 December 6, 2004.(PDF File).

      Claimant:Drucker, Steven
      Date of Loss:08-17-04
      Date Filed:12-01-04
      Allegation:Property damage

      Claimant:Myers, Diana
      Date of Loss:05-23-04
      Date Filed:11-18-04
      Allegation:Police Misconduct

      Claimant:Nolan, Robert
      Date of Loss:05-23-04
      Date Filed:11-18-04
      Allegation:Police Misconduct

      Action: To deny the above claims and refer them to the City’s Liability Claims Administrator, as recommended by staff. (Edgerton absent)

    6. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 1, 2004.(PDF File).

      City Manager Burrell responded to Council questions.

      Action : To receive and file the action minutes of the Planning Commission meeting of December 1, 2004.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.

    7. RECOMMENDATION TO ACCEPT DONATIONS OF $15 FROM MILTON WEINER TO BE USED FOR VETERANS’ MEMORIAL MAINTENANCE; $500 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR VETERANS’ MEMORIAL MAINTENANCE; $450 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR THE TREE LIGHTING, SAND SNOWMAN AND BREAKFAST WITH SANTA EVENTS; $100 FROM AN ANONYMOUS DONOR TO BE USED FOR VETERANS’ MEMORIAL MAINTENANCE; $50 FROM KATHARINE DAVIDSON TO BE USED FOR THE PURCHASE OF MISCELLANEOUS EQUIPMENT FOR THE FIRE DEPARTMENT; AND, $250 FROM THE HERMOSA KIWANIS FOUNDATION TO BE USED FOR THE TREE LIGHTING EVENT. Memorandum from Finance Director Viki Copeland dated December 2, 2004.(PDF File).

      This item was removed from the consent calendar by Mayor Pro Tempore Reviczky in order to acknowledge and thank the donors.

      Action: To accept, as recommended by staff, the following donations:

      1. $15 from Milton Weiner for Veterans’ Memorial maintenance;
      2. $500 from Woman’s Club of Hermosa Beach for Veterans’ Memorial maintenance;
      3. $450 from Woman’s Club of Hermosa Beach for the Tree Lighting, Sand Snowman and Breakfast with Santa events;
      4. $100 from an anonymous donor for Veterans’ Memorial maintenance;
      5. $50 from Katharine Davidson for the purchase of miscellaneous equipment for the Fire Department; and
      6. $250 from Hermosa Kiwanis Foundation for the Tree Lighting event.

      Motion Reviczky, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.

    8. RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD AND COMMISSION APPOINTIVE TERMS THAT WILL EXPIRE DURING THE 2005 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated December 1, 2004.(PDF File).

      To receive and file the list of regular and ongoing City Board and Commission appointive terms that will expire during the 2005 calendar year, as recommended. (Edgerton absent)

    9. RECOMMENDATION TO CONFIRM BY MINUTE ORDER THE COMMUNITY DEVELOPMENT DIRECTOR’S SIMILAR USE DETERMINATION, PURSUANT TO SECTION 17.26.04 OF THE ZONING ORDINANCE, TO ALLOW THE USE OF A PORTION OF AN EXISTING RESTAURANT FOR A CULINARY SCHOOL. Memorandum from Community Development Director Sol Blumenfeld dated December 8, 2004.(PDF File).

      Action: To confirm by minute order the Community Development Director’s similar use determination, pursuant to Section 17.26.04 of the Zoning Ordinance, to allow the use of a portion of an existing restaurant for a culinary school. (Edgerton absent)

    10. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 17, 2004.(PDF File).

      Action: To receive and file the action minutes of the Public Works Commission meeting of November 17, 2004. (Edgerton absent)

    11. RECOMMENDATION TO ADOPT A RESOLUTION AMENDING THE ICRMA JOINT EXERCISE OF POWERS AGREEMENT. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 9, 2004.(PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 04-6370, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY'S GOVERNING BOARD AND ITS SEPARATE RISK MANAGEMENT PROGRAMS.” (Edgerton absent)

    12. RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR PROJECT NO. 02-108 STREET IMPROVEMENTS (SECOND STREET FROM PACIFIC COAST HIGHWAY TO THE STRAND AND MONTEREY BOULEVARD FROM FOURTH STREET TO HERONDO STREET) TO ALLIANCE STREETWORKS, ANAHEIM, CALIFORNIA BASED UPON THEIR LOWEST RESPONSIBLE BID OF $428,683; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $42,900; APPROVE A CHANGE IN THE SCOPE OF WORK TO REDUCE THE CONTRACT AMOUNT BY APPROXIMATELY $74,683; AND, APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND DAVID MOMENI, PHD, FOR A FEE NOT TO EXCEED $20,080 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY.Memorandum from Public Works Director Richard Morgan dated December 6, 2004. (PDF File).

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

      Public Works Director Richard Morgan responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Award the Construction Contract for Project No. 02-108 Street Improvements (Second Street from Pacific Coast Highway to The Strand and Monterey Boulevard from Fourth Street to Herondo Street) to Alliance Streetworks, Anaheim, California based upon their lowest responsible bid of $428,683;
      2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney;
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $42,900; approve a change in the scope of work to reduce the contract amount by approximately $74,683; and
      4. Approve Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $20,080 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; as amended by the Council this evening to add to the construction contract the replacement of pavement on Second Street between Beach Drive and the Strand.

      Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.

    13. RECOMMENDATION TO AUTHORIZE THE BID AWARD TO REFURBISH THE FIRE STATION APPARATUS BAY FLOOR PER FIRE DEPARTMENT SPECIFICATIONS TO THT FLOORING OF HAWTHORNE, CALIFORNIA AND APPROPRIATE $9,120 TO COMPLETE THE APPARATUS BAY FLOOR PROJECT FROM THE FIRE PROTECTION FUND. Memorandum from Fire Chief Russell Tingley dated December 7, 2004.(PDF File).

      Action: To authorize the bid award to refurbish the fire station apparatus bay floor per fire department specifications to THT Flooring of Hawthorne, California and appropriate $9,120 to complete the apparatus bay floor project from the fire protection fund.

    14. RECOMMENDATION TO AUTHORIZE THE BID AWARD TO REFURBISH THE FIRE STATION PERSONNEL SHOWERS PER FIRE DEPARTMENT SPECIFICATIONS TO KEN LEAL PLUMBING OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $10,600. Memorandum from Fire Chief Russell Tingley dated December 7, 2004.(PDF File).

      Action: To authorize the bid award to refurbish the fire station personnel showers per fire department specifications to Ken Leal Plumbing of Anaheim, California in the amount of $10,600. (Edgerton absent)

    15. RECOMMENDATION TO DIRECT STAFF TO SOLICIT PROPOSALS FOR PRIVATE AMBULANCE TRANSPORT SERVICE. Memorandum from Fire Chief Russell Tingley dated December 7, 2004.(PDF File).

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

      Fire Chief Tingley and City Manager Burrell responded to Council questions.

      Coming forward to address the Council on this issue was:

      Aaron Marks – President of the Hermosa Beach Firefighters Association, presented, as an alternative to private ambulance transport service, a proposal to increase revenue by outsourcing billing and increasing the existing transport fees, which he said are extraordinarily low compared to other California cities, noting that the increased revenue would be enough to fund an additional firefighter per shift to enhance service to the City.

      Action: : To direct staff to proceed with the preparation of an RFP to solicit proposals for private ambulance transport service, as recommended by staff, and to include a review and analysis of the alternate proposal presented by the Firefighters Association.
      Motion Tucker, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton.

    16. RECOMMENDATION TO DIRECT STAFF TO RETURN WITH A DRAFT ORDINANCE TO AMEND CHAPTER 17.52 REGULATING NONCONFORMING BUILDINGS AND USES. Memorandum from Community Development Director Sol Blumenfeld dated December 8, 2004.(PDF File).

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

      Community Development Director Blumenfeld responded to Council questions.

      Action: To direct staff to return with a draft ordinance to amend Chapter 17.52 regulating nonconforming buildings and uses, as recommended.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.

    17. RECOMMENDATION TO AUTHORIZE THE AWARD OF THE RE-ROOFING CONTRACT FOR PROJECT NO. 04-633 RE-ROOFING OF CITY BUILDINGS – COMMUNITY SERVICES AND SOUTH SCHOOL TO ALL AMERICAN ROOFING CO. OF THE CITY OF PARAMOUNT IN THE AMOUNT OF $19,520; AUTHORIZE THE APPROPRIATION OF $21,520 FORM THE 301 CAPITAL IMPROVEMENT FUND; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY AMOUNT OF $2,000. Memorandum from Public Works Director Richard Morgan dated December 9, 2004. (PDF File).

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

      Public Works Director Richard Morgan responded to Council questions.

      Action: Approve staff recommendation to:

      1. Authorize the award of the re-roofing contract for Project No. 04-633 Re-Roofing of City Buildings – Community Services and South School to All American Roofing Co. of the City of Paramount in the amount of $19,520;
      2. Authorize the appropriation of $21,520 form the 301 Capital Improvement Fund; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency amount of $2,000;with additional direction to staff to look at alternatives for relocating staff currently in the Community Services building to provide a safe working environment and to avoid further expense for repairs to an old building that should be demolished.

      Motion Mayor Yoon, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.

  2. CONSENT ORDINANCES

    1. ORDINANCE NO. 04-1245 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.46.101, PERTAINING TO THE ALLOWABLE SIZE AND HEIGHT OF CHIMNEYS.” For adoption. Memorandum from City Clerk Elaine Doerfling dated December 1, 2004.(PDF File).

      Community Development Director Blumenfeld responded to Council questions

      Proposed Action: To waive full reading and adopt Ordinance No. 04-1245. Motion Keegan, second Mayor Yoon. The motion was replaced by the following substitute motion.

      Action: To continue the item to the Council meeting of January 11, 2005 and direct staff to include in the ordinance a definition of “non-combustible.”
      Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilmember Edgerton.

  3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(d), (f), (g), (l), (m), (o), (p) 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.

  4. PUBLIC HEARINGS

    None

  5. MUNICIPAL MATTERS

    1. AMENDMENT TO THE CITY’S PLUMBING CODE REQUIRING THE INSTALLATION OF GREASE REMOVAL SYSTEMS FOR EXISTING FOOD SERVICE ESTABLISHMENTS. Memorandum from Community Development Director Sol Blumenfeld dated December 6, 2004.(PDF File).

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      Coming forward to address the Council on this issue was:

      Rick DiCesare – MRC Technologies, Newbury Park, showed a typical grease removal device, explained its operation and responded to Council questions.

      Action: To approve staff recommendation to:

      1. Direct staff to schedule informational meetings with the business community on the proposed requirements for grease traps and interceptors; and
      2. Schedule the matter for City Council hearing in March 2005.

      Motion Reviczky, second Keegan. The motion carried, noting the absence of Councilmember Edgerton.

  1. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. APPROVE CHANGES IN THE WAVE DIAL-A-RIDE PROGRAM OPERATION WITH THE CITY OF REDONDO BEACH. Memorandum from WAVE/Transit Subcommittee Mayor Yoon and Mayor Pro Tem Reviczky dated December 7, 2004.(PDF File).

      City Manager Burrell responded to Council questions.

      Coming forward to address the Council on this issue was:

      Darian Debellis - Hermosa Beach resident and South Bay Yellow Cab representative, assured the Council that his company could offer excellent service to senior and disabled residents should the Wave not be able to accommodate their needs in a timely manner; said that the wait time for a cab is five to ten minutes, much less than the wait time for the Wave.

      Proposed Action: To end the City’s relationship with the Wave program as of June 30, 2005 and transfer riders to the cab system.
      Motion Keegan, second Tucker. The motion failed due to the dissenting votes of Reviczky and Mayor Yoon, and the absence of Edgerton.

      Action : To continue the item to the Council meeting of January 11, 2005 for consideration by the full Council.
      Motion Keegan, second Mayor Yoon. The motion carried, noting the absence of Councilmember Edgerton.

  2. OTHER MATTERS - CITY COUNCIL

    None

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Father Ignatius Hinkle on Tuesday, December 14, 2004, at the hour of 9:18 p.m. to the regular Meeting on Tuesday, January 11, 2005, at 7:10 p.m.

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