Council Minutes

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, February 8, 2005, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

Terry Bose

ROLL CALL

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

ANNOUNCEMENTS

Councilman Yoon wished everyone a Happy New Year in the year of the rooster and a happy Mardi Gras, President’s Day, and Valentine’s Day.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward at this time to address the Council were:

    Angie Heyning – Hermosa Beach Friends of the Parks, presented the City with a check for $10,000 for park improvements, noting that Fort Lots of Fun would be the first to benefit from the group’s fundraising efforts;

    Laura Raymond – Hermosa Beach Friends of the Parks, encouraged visits to their website at www.hbfop.org to learn more about their organization and invited interested parties to attend their monthly meetings each second Wednesday at 6 p.m. in Room 4 of the Community Center;

    Ken Bergeron – Hermosa Beach Friends of the Parks, described fundraising events at the parks and on the beach; said the goal of their group was to work with the community to improve every park with safer, updated equipment for the children;

    Mike Lacey – Hermosa Beach Comedy and Magic Club, commended Community Services Officer Karlock for working out a parking problem with a woman organizing a corporate event at the Comedy and Magic Club and, as a result, promoting good will for the City; and

    Mordy Benjamin – Hermosa Beach, urged the Council to approve free WiFi for the entire City, saying it would benefit seniors, who are not always considered in City plans; said WiFi would be good for both businesses and residents; suggested using the American Express donation for the canceled Sheryl Crow concert to fund the WiFi program.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: Keegan (k).
    Motion Yoon, second Tucker. The motion carried by a unanimous vote

    1. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 25, 2005.

      Action: To approve the City Council minutes of the Regular meeting of January 25, 2005, as presented.

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 39169 THROUGH 39326, 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 RECEIVE AND FILE THE DECEMBER 2004 FINANCIAL REPORTS: (PDF File).

      1. Revenue and expenditure report;
      2. City Treasurer's report; and,
      3. Investment report.

      Action : To receive and file the December 2004 financial reports, as presented.

    5. RECOMMENDATION TO SET A DATE OF THURSDAY, JUNE 2, 2005 AT 7:10 P.M. FOR REVIEW OF THE 2005-06 BUDGET. Memorandum from Finance Director Viki Copeland dated January 31, 2005.(PDF File).

      Action: To schedule a workshop meeting at 7:10 p.m. on Thursday, June 2, 2005, for review of the 2005-06 proposed budget.

    6. RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE GENERAL SERVICES AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2010.Memorandum from City Manager Stephen Burrell dated January 20, 2005.(PDF File).

      Action : To approve the staff recommendation to adopt Resolution No. 05-6376, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.”

    7. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060519 FOR A FOUR UNIT CONDO AT 714 AND 726 TENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated February 1, 2005.(PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 05-6377, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060519 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 714 AND 726 TENTH STREET, HERMOSA BEACH, CALIFORNIA.”

    8. RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR PROJECT NO. CIP 02-612 PUBLIC WORKS YARD RENOVATION – OIL WELL ABANDONMENT TO ALLENCO OF SIGNAL HILL, CALIFORNIA, IN THE AMOUNT OF $60,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; APPROVE THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND DAVID MOMENI, PHD FOR A FEE NOT TO EXCEED $5,200; AUTHORIZE THE MAYOR AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated February 1, 2005.(PDF File).

      Action: o approve the staff recommendation to:
      (1) Award the construction contract for Project No. CIP 02-612 Public Works Yard Renovation – Oil Well Abandonment to AllenCo of Signal Hill, California, in the amount of $60,000;
      (2) Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney;
      (3) Approve the Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD for a fee not to exceed $5,200;
      (4) Authorize the Mayor and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and
      (5) Authorize the Director of Public Works to make minor changes as necessary within the approved budget.

    9. RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 2, 2005.(PDF File).

      Action: To receive and file the notice of closed claim.

    10. 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 February 2, 2005.(PDF File).

      Claimant: Cornacchia, Chris
      Date of Loss: 01-06-05
      Date Filed: 01-31-05
      Allegation: Vehicle damage

      Claimant: Straley, Steve & Linda
      Date of Loss: 12-27-04
      Date Filed: 01-27-05
      Allegation: Property Damage

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

    11. RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 04-115 STREET IMPROVEMENTS - 20TH STREET FROM VALLEY DRIVE TO POWER STREET; AND, INSTRUCT THE CITY CLERK TO POST NOTICE INVITING SEALED BIDS FOR SAID PROJECT. Memorandum from Public Works Director Richard Morgan dated February 1, 2005.(PDF File).

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

      Public Works Director Morgan responded to Council questions. City Manager Burrell also responded to Council questions.

      Action: To approve the staff recommendation to:
      (1) Approve the plans, specifications, estimates, order the work and call for bids for Project No. CIP 04-115 Street Improvements - 20th St. from Valley Dr. to Power Street; and
      (2) Instruct the City Clerk to post the Notice Inviting Sealed Bids for said project.
      Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

      Further Action: To receive and file the remainder of the action minutes of the Planning Commission meeting of January 18, 2005.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

      By Council consensus, staff was also directed to contact the residents of the street to determine their possible interest in speed humps as a traffic calming measure, because the installation of speed humps during the street paving process would be more efficient and cost effective.

    12. RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. CIP 99-409 SEWER MANHOLE CONSTRUCTION AND REPAIRS – VARIOUS LOCATIONS, AND PROJECT NO. CIP 00-412 TARGET AREA 2 SEWER IMPROVEMENTS – SEWER LINING; AND, INSTRUCT THE CITY CLERK TO POST NOTICE INVITING SEALED BIDS FOR SAID PROJECTS. Memorandum from Public Works Director Richard Morgan dated February 1, 2005. Memorandum from Community Development Director Sol Blumenfeld dated January 19, 2005.(PDF File).

      Action: To approve the staff recommendation to:
      (1) Approve the plans, specifications, estimates, order the work and call for bids for Project No. CIP 99-409 Sewer Manhole Construction and Repairs – Various Locations, and Project No. CIP 00-412 Target Area 2 Sewer Improvements – Sewer Lining; and
      (2) Instruct the City Clerk to post Notice Inviting Sealed Bids for said projects.

    13. RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE CITY’S BAIL SCHEDULE BY ADDING MUNICIPAL CODE SUBSECTIONS TO CERTAIN SECTIONS. Memorandum from City Clerk Elaine Doerfling dated January 27, 2005.(PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 05-6378, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR MISDEMEANORS AND INFRACTIONS (PREVIOUSLY ADOPTED BY RESOLUTION NO. 96-5830 AND AMENDED BY RESOLUTION NO. 03-6310) TO INCLUDE APPLICABLE SUBSECTIONS REFERENCED IN THE HERMOSA BEACH MUNICIPAL CODE.”

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(k) was heard at this time but is shown in order for clarity.

    Public comments on items removed from the consent calendar are shown under the appropriate item.

    At 7:28 p.m., the order of the agenda was suspended to go to item 8(a).

  5. PUBLIC HEARINGS

    1. TEXT AMENDMENT TO CHAPTER 17.22 CONSTRUCTION, MAINTENANCE AND DEVELOPMENT - MINIMUM DESIGN STANDARDS REQUIRING SEPARATE WATER METERS. (Continued from meeting of January 25, 2005) Memorandum from Community Development Director Sol Blumenfeld dated February 1, 2005.

      Public Works Director Richard Morgan presented the staff report and responded to Council questions.

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

      The public hearing opened at 7:34 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:34 p.m.

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1246, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.22.060(F), TO REQUIRE SEPARATE METERS FOR WATER SUPPLY SERVICE CONNECTIONS FOR EACH UNIT IN RESIDENTIAL CONDOMINIUM PROJECTS.”
      Motion Yoon, second Edgerton. The motion carried, noting the dissenting vote of Tucker.

  6. MUNICIPAL MATTERS

    1. DONATION OF STREET CLOCK FOR PIER PLAZA. Memorandum from Public Works Director Richard Morgan dated January 31, 2005.

      Public Works Director Richard Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this item were:

      Dallas Yost – Hermosa Beach Kiwanis Club, said the clock would include a feature to automatically re-set at the beginning and end of daylight savings time and if power were lost; said the Club would send a check to the clock manufacturer within six weeks of Council approval and the pedestal clock would be delivered by summer; and

      Carla Merriman – Hermosa Beach Chamber of Commerce and Visitors’ Bureau Executive Director, said that the Kiwanis Club had applied to participate in the Fiesta Beer Garden for the next three years to raise funds for the clock, noting that many non-profit organizations take advantage of that opportunity to raise at least $4,000 per year.

      Proposed Action : To accept the donation from the Kiwanis Club of a street clock to be installed in Pier Plaza at Location B - adjacent to Loreto Plaza.
      Motion Yoon. The motion was withdrawn.

      Action : To accept the donation from the Kiwanis Club of a street clock to be installed in Pier Plaza at Location A – at the intersection of Pier Avenue and Hermosa Avenue.
      Motion Keegan, second Tucker. The motion carried by a unanimous vote.

    2. MID YEAR BUDGET REVIEW 2004-05. Memorandum from Finance Director Viki Copeland dated January 28, 2005.

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

      Action : To approve the staff recommendation to:
      (1) Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet;
      (2) Approve a change to the year-end transfer of unspent funds to allocate amounts to the Capital Improvement Fund, the Insurance Fund and the Retirement Stabilization Fund; and
      (3) Approve the transfer of funds currently in excess of goal amounts from the Compensated Absences Fund, $328,730, and Equipment Replacement Fund, $233,134 to the Contingency Fund in the amount of $65,909 with the balance of $495,955 to the Capital Improvement Fund.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

      Council direction to staff was to provide a work plan and budget for repair work on the runway lights on Pier Plaza.

    3. WAVE/TRANSIT CHANGES. Memorandum from City Manager Stephen Burrell dated February 1, 2005.

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

      Action : To preserve the WAVE program and participate in Redondo Beach’s reduced plan to provide service to seniors and the disabled, until June 30, 2005, at which time the program will be re-evaluated again.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Keegan.

      Council direction to staff was to make it more convenient for seniors and the disabled to get ID cards for the taxi service.

    4. BEACH VOLLEYBALL NET ADVERTISEMENT. Memorandum from Community Resources Director Lisa Lynn dated February 1, 2005.

      Community Resources Director Lynn presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

      Coming forward to address the Council on this item was:

      Karen Carr – South Bay Coalition, which works to prevent substance abuse among youth in the South Bay, said she understood the need for revenue but urged the Council to keep in mind that alcohol, particularly beer, is the number one drug problem of South Bay youth, and alcohol logos on the volleyball nets might send the message that drinking is harmless.

      Action : To approve the proposed program for commercial advertisement on beach volleyball court nets, as recommended by the Parks, Recreation and Community Resources Advisory Commission.
      Motion Edgerton, second Keegan. The motion carried, noting the dissenting votes of Tucker and Yoon.

      Council direction to staff was to encourage non-alcohol advertisers such as sports drinks and soft drinks.

      At 8:44 p.m. Councilmember Yoon recused himself from participating in items 7(a) and 9(a), both of which related to the WiFi issue, due to a potential conflict of interest since his employment involves Internet access.

      The meeting recessed at 8:45 p.m.

      The meeting reconvened at 8:58 p.m., with item 7(a).

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. WIFI DONATIONS. Memorandum from City Manager Stephen Burrell dated January 27, 2005.

      (Before the recess at 8:45 p.m., Councilman Yoon recused himself from this item and left the dais and the room due to a potential conflict of interest since his employment involves Internet access.)

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

      Coming forward to address the Council on this item were:

      Chris Holland – Hermosa Beach, spoke to the concern raised that technology was moving so fast the hardware would quickly become obsolete, pointing out that, unlike a desktop computer, the task of this equipment was simply to move information along, so obsolescence should not be a problem; said he has had WiFi since 2000, expects the equipment to last another six to seven years, and believed experts would agree with him; said businesses had been supportive of fundraising and the City’s consultant, Eric Black, had attended a fundraiser at Café Bugaloo to answer questions; said advertising opportunities were attractive but there was reluctance to pay $250 per month when the system was not available throughout the entire City;

      William Fortier – Hermosa Beach, said he was a strong advocate of WiFi and had sent emails to Councilmembers Edgerton and Tucker, as well as the Beach Reporter, emphasizing the benefits for businesses; said he patronized businesses which have WiFi and knows other people who do the same; and

      Mark Phillips – Hermosa Beach, spoke in favor of expanding the WiFi system and believed that the silent majority in the City felt the same, even though they were not all offering donations; said young people did not view this as an unusual service for a City to provide, and the amount of money needed seemed small when compared to the benefits.

      Proposed Action : To direct staff to reduce the $163,026 capital cost of the project to reflect its true cost by eliminating the $20,000 for the fiber optic line to City Hall, which would be installed in any case, and by deducting the amount of $3,250 that was already received from sponsors for advertising during the test program.

      Motion Mayor Reviczky, second Keegan. The motion failed due to the dissenting votes of Edgerton, Keegan, and Tucker, and the absence of Yoon.

      Action : To approve the staff recommendation to accept the donations made to offset the costs of the WiFi system pursuant to the following procedures to:
      (1) Log in the checks and hold them until full deployment is approved by the City Council; or
      (2) Return the checks if the full deployment of WiFi is not approved.
      Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Keegan and the absence of Yoon.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated January 31, 2005.

      Action : To make no additional changes to the City Council committee assignments as updated on January 25, 2005.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

      At 7:30 p.m., the order of the agenda returned to public hearing item 5(a).

  9. OTHER MATTERS - CITY COUNCIL

    1. Request by Councilmember Keegan for Council approval of the staff recommendation to proceed with Phase 2 of the wireless program as set forth in the January 11th staff report, provided that contracts for installation and set up will not be executed until and unless $24,000 is raised through ad/sponsor contracts or donations. Otherwise, Phase 2 of the program will be discontinued.

      (Before the recess at 8:45 p.m., Councilman Yoon had recused himself from this item and left the dais and the room due to a potential conflict of interest since his employment involves Internet access.)

      Action: To approve the staff recommendation to proceed with Phase 2 of the wireless program as set forth in the January 11th staff report, provided that contracts for installation and set up will not be executed until and unless $24,000 is raised through ad/sponsor contracts or donations. Otherwise, Phase 2 of the program will be discontinued.
      Motion Keegan, second Mayor Reviczky. The motion failed, noting the dissenting votes of Edgerton and Tucker, and the absence of Yoon.

      At 9:54 p.m., Councilman Yoon returned to the dais.

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 January 11, 2005.

  2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    Property: 552 11th Place, APN: 4187-020-044
    Negotiating Parties: Stephen Burrell & Stephen Grossman
    Under Negotiation: Price & Terms of Payment

  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    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 Assn
    Unrepresented employees

  4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title : City Manager

    ADJOURN TO CLOSED SESSION

    -The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 8, 2005, at the hour of 9:55 p.m. to a closed session.

    RECONVENE TO OPEN SESSION

    – The Closed Session convened on Tuesday, February 8, 2005, at the hour of 9:57 p.m. At the hour of 10:20 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, February 8, 2005, at the hour of 10:21 p.m. to the regular Meeting of Tuesday, February 22, 2005 at 7:10 p.m.