Council Minutes

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, April 12, 2005, at the hour of 7:12 p.m.

PLEDGE OF ALLEGIANCE

Pat Love

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Keegan said he would attend a hearing at 2:00 p.m. on Tuesday, April 26, at the El Segundo Council Chambers, at which local government representatives would discuss the Public Utility Commission’s plan to split the 310 area code, which would necessitate ordering new stationery and dealing with cumbersome overlay procedures to increase the number of digits used to make local calls.

Mayor Reviczky invited the community to a joint fundraiser for the Hermosa Beach, Manhattan Beach and Redondo Beach Sister City Associations – a Cinco de Mayo premium tequila tasting and Mexican buffet at Sangria on Saturday, April 30, from 4:00 to 7:00 p.m., noting that tickets may be obtained from Elaine Doerfling, Pat Love, or him. He announced that the Los Angeles County Board of Supervisors had declared April as Earthquake Preparedness Month and urged everyone to check their earthquake supplies annually to insure freshness and functionality. He then said that the Los Angeles Commission on Assaults Against Women had designated April as Sexual Assault Awareness Month and mentioned that the Hermosa Beach Police Department participates in a program to assist sexual assault victims with counseling and help with claims.

PROCLAMATIONS

SAFETY SEAT CHECK-UP WEEK
APRIL 10-16, 2005

Mayor Reviczky read the proclamation recognizing Safety Seat Check-Up Week, which stated that automobile accidents are the number one cause of death for children and that 75% of these deaths could have been avoided by using properly installed safety equipment. He added that children under six years old or fewer than 60 pounds must use safety seats and that the Hermosa Beach Police Department would check child safety seat installation at no cost.

PRESENTATION

PRESENTATION OF COMMENDATIONS TO
GUY GRIMM & GRACE TOKI
FOR THEIR WORK WITH THE
TSUNAMI VOLUNTEER CENTER

Guy Grimm and his wife Grace Toki presented a computer-generated slide show of their experience assisting tsunami victims in Thailand. The Council presented them with a proclamation recognizing their efforts. Mayor Reviczky said the City is very proud of them and that Hermosa Beach has an abundance of wonderful volunteers.

CLOSED SESSION REPORT FOR MEETING OF MARCH 8, 2005:

Closed session of March 8, 2005, was canceled.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time was:
    Pat Love – Hermosa Beach, distributed flyers and invited the Council and the community to attend Divas by the Sea, a jazz concert sponsored by The Lighthouse, with cocktails at 7:00 p.m., on April 23 at the Hermosa Beach Playhouse; said tickets at $35 per person were available by calling 318-0119 or 372-4477; said various local businesses had made donations and that all proceeds would go to the Woman’s Club of Hermosa Beach.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: Tucker (c), (e), (i), (l), (m), (o), and Mayor Reviczky (g)
    Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.

    At 7:35 p.m., the order of the agenda was suspended to go to item 6(a).

    1. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 22, 2005.

      Action: To approve as presented the minutes of the Regular City Council meeting of March 22, 2005. (Edgerton absent)

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 39750 THROUGH 39965, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 37096, AS RECOMMENDED BY THE CITY TREASURER.

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

    3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

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

      City Attorney Jenkins responded to Council questions regarding the process for the next public hearing for the Union Cattle Company on April 26.

      Action: To receive and file Tentative Future Agenda Items as presented. Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.

    4. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated April 4, 2005.

      Action : To receive and file report of Customer Service Surveys/Complaints. (Edgerton absent)

    5. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 23, 2005.

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

      Public Works Director Morgan responded to Council questions regarding Commission agenda item 6(c), Redline on 15th Place.

      Coming forward to address the Council on this issue was:
      Patty Egerer – a 15th Place resident, said a petition was signed by residents who felt the 340’ red line was too extensive; urged the Council to review the policy regarding redlines.

      Action: To receive and file the action minutes of the Public Works Commission meeting of March 23, 2005.
      Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.

    6. RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR FIRE CAPTAIN. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 5, 2005.

      Action : To approve the revised class specification for Fire Captain, as recommended by staff and approved by the Civil Service Board. (Edgerton absent)

    7. RECOMMENDATION TO ACCEPT DONATIONS OF $5,000 FROM JOHN GOLDEN TO BE USED FOR JAZZ MEMORIAL PLAQUES; $500 FROM J. ROBERT BRAGONIER TO BE USED FOR JAZZ MEMORIAL PLAQUES; AND $25 FROM ALAN WILKINS TO BE USED FOR JAZZ MEMORIAL PLAQUES; AND, $150 FROM WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR SPRING LUNCH WITH THE BUNNY EVENT. Memorandum from Finance Director Viki Copeland dated April 4, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.

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

      Action : To accept the following donations to the City:
      - $5,000 from John Golden to be used for Jazz Memorial plaques;
      - $ 500 from J. Robert Bragonier to be used for Jazz Memorial plaques;
      - $ 25 from Alan Wilkins to be used for Jazz Memorial plaques; and
      - $ 150 from Woman’s Club of Hermosa Beach to be used for Spring Lunch with Bunny Event.
      Motion Mayor Reviczky, second Tucker. The motion carried, noting the absence of Edgerton.

    8. RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 2005-06. Memorandum from Public Works Director Richard Morgan dated March 31, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6385, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE “LANDSCAPING AND LIGHTING ACT OF 1972”, BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006.“ (Edgerton absent)

    9. RECOMMENDATION TO RECEIVE AND FILE PROJECT UPDATE REGARDING THE LOS ANGELES COUNTY WEST COAST BASIN BARRIER PROJECT – TELEMETRY SYSTEM. Memorandum from Public Works Director Richard Morgan dated April 5, 2005

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

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

      Coming forward to address the Council on this issue was: Gary Hildebrand – representing Los Angeles County, said they had been working for several years with coastal cities in a nine-mile stretch from El Segundo through Torrance on the barrier project to prevent sea water intrusion into ground water; described the above-ground electrical cabinets with as many wells as possible along the barrier, noting three cabinets were proposed for Hermosa Beach; said the alternative with radio links would require antennas up to 20 feet high; explained that the computers transferred signals for the wells; said the project was out to bid, with the award expected before the end of the fiscal year and the start of construction in the summer.

      Action : To receive and file, as recommended by staff, the project update regarding the Los Angeles County West Coast Basin Barrier Project – Telemetry System, with direction that the County work closely with staff to meet all City standards and ensure that the concrete on Ninth Street will not be disturbed or will be replaced.
      Motion Tucker, second Mayor Reviczky. The motion carried, noting the absence of Edgerton.

    10. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE PIER RENOVATION – PHASE III. Memorandum from Public Works Director Richard Morgan dated March 24, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6386, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE PIER RENOVATION – PHASE III.” (Edgerton absent)

    11. 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 April 5, 2005.

      Claimant: Freedman, Jack
      Date of Loss: 03-01-05
      Date Filed: 03-21-05
      Allegation: Personal Injury

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

    12. RECOMMENDATION TO AUTHORIZE SECURING THE SERVICES OF BUILDING CLEANING SERVICES OF GLENDALE, CALIFORNIA TO CONTINUE THE MOLD REMEDIATION AT THE GENERAL SERVICES BUILDING IN THE AMOUNT OF $9,625; AUTHORIZE THE APPROPRIATION OF $11,625 FROM THE GENERAL 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 April 4, 2005.

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

      Public Works Director Morgan and City Manager Burrell responded to Council questions about the problems and future use of the City building at 1035 Valley Drive.

      Action : To approve the staff recommendation to:
      (1) Authorize securing the services of Building Cleaning Services of Glendale, California to continue the mold remediation at the General Services Building in the amount of $9,625;
      (2) Authorize the appropriation of $11,625 from the General Fund;
      (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
      (4) Authorize the Director of Public Works to make minor changes as necessary within the contingency amount of $2,000.
      Motion Tucker, second Mayor Reviczky. The motion carried, noting the absence of Edgerton.

    13. RECOMMENDATION TO ADOPT A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXEMPTING AVA AVENUE, BETWEEN 21ST STREET AND ITS SOUTHERLY TERMINUS, FROM THE SIDEWALK REQUIREMENT OF SUBSECTION (B) OF SECTION 12.08.010 GENERAL REQUIREMENT OF CHAPTER 12.08 STREET, SIDEWALK, CURB AND GUTTER CONSTRUCTION OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Public Works Director Richard Morgan dated April 5, 2005.

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

      Public Works Director Morgan responded to Council questions regarding the history of granting this exemption in specific cases.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6388, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXEMPTING AVA AVENUE, BETWEEN 21ST STREET AND ITS SOUTHERLY TERMINUS, FROM THE SIDEWALK REQUIREMENT OF SUBSECTION (b) OF SECTION 12.08.010 GENERAL REQUIREMENT OF CHAPTER 12.08 STREET, SIDEWALK, CURB AND GUTTER CONSTRUCTION OF THE HERMOSA BEACH MUNICIPAL CODE.”
      Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.

    14. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP NO. 060478 FOR A TWO UNIT CONDOMINIUM PROJECT AT 62 EIGHTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 5, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6387, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060478 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 62 EIGHTH STREET, HERMOSA BEACH, CALIFORNIA.” (Edgerton absent)

    15. RECOMMENDATION TO APPROVE FY 04-05 CONTRACT AMENDMENT FOR CONSOLIDATED DISPOSAL SERVICES. Memorandum from Community Development Director Sol Blumenfeld dated April 6, 2005. Supplemental information from the Community Development Department was received on April 12, 2005.

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

      Community Development Director Blumenfeld and City Manager Burrell responded to Council questions regarding commercial recycling.

      Action : To approve the FY 04-05 contract amendment for Consolidated Disposal Services, as recommended by staff.
      Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2 (c), (e), (g), (i), (l), (m), and (o) 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.

  5. PUBLIC HEARINGS

    None

  6. MUNICIPAL MATTERS

    1. PROJECT CIP 04-534 PARK IMPROVEMENTS - FORT LOTS-O-FUN PLAYGROUND RENOVATION APPROVAL TO ADVERTISE FOR BIDS. Memorandum from Public Works Director Richard Morgan dated April 7, 2005.

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

      Coming forward to address the Council on this issue were:

      Laura Raymond – representing Friends of the Parks, thanked the Public Works and Parks & Recreation commissions for their support and the community members who participated in public events, providing donations and feedback; said the renovated park will be a wonderful community asset with a safe and wide range of play equipment in a small space to preserve open space;

      Christine Hollander – Hermosa Beach, Parks, Recreation and Community Resources Commissioner, said she had never worked with a group more energetic and committed, noting that Friends of the Parks raised $10,000 in only one year, adding that the project was fully supported by the community; said it was important to maintain the City’s parks because they are especially valuable in a small city with limited open space for parks.

      Agnes Slater – Hermosa Beach, said she lives a couple of houses from the park and thanked everyone involved for these improvements.

      Action: To approve the staff recommendation to authorize staff to advertise for bids for the Fort Lots-O-Fun renovation and to sole source with Big Toys, Inc. for the playground equipment for this park

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

      At 7:45 p.m., the order of the agenda returned to agenda item 4.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. SENATE BILL 926 (FLOREZ) - OPPOSE POSITION. Memorandum from City Manager Stephen Burrell dated April 7, 2005.

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

      Action: To take a position opposing SB926 (Florez) and direct the City Manager to track the bill through the legislative process.
      Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton.

    2. INFORMATION ITEM – AREA CODE SPLIT. Memorandum from City Manager Stephen Burrell dated April 7, 2005.

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

      Action : To receive and file.
      Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Mayor Reviczky to consider taking a position in support of SB148 (Scott) Alcoholic Beverages: Licensing Restrictions.

      Action: To take a position supporting SB148 (Scott) Alcoholic Beverages: Licensing Restrictions.
      Motion Keegan, second Tucker. The motion carried, noting the absence of Edgerton

    2. Request from Councilmember Keegan to direct staff to develop an advisory measure on www.wifihermosabeach.com and its expansion to a Citywide service, outlining proposed costs to construct and estimated bandwidth costs and maintenance costs, with staff to return with wording of a measure for the fall election.

      Mayor Yoon recused himself and left the dais and the room at 8:40 p.m. due to a potential conflict of interest since his employment involves Internet access.

      City Manager Burrell, City Attorney Jenkins, and City Clerk Doerfling responded to Council questions.

      Action : To direct staff to prepare the necessary documents for Council consideration to place on the November 8, 2005 ballot two advisory measures to determine voter interest in providing citywide WiFi Internet access – one offering free service to users and the other offering low-cost service.
      Motion Keegan, second Mayor Reviczky. The motion carried, noting the absence of Yoon and Edgerton.

      At 8:52 p.m., Mayor Yoon returned to the dais.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

  1. MINUTES:

    1. Approval of minutes of Closed Session meeting held on March 8, 2005.

    2. Approval of minutes of Closed Session meeting held on March 22, 2005.

  2. 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 Association
    Unrepresented employees

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 12, 2005, at the hour of 8:53 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, April 12, 2005, at the hour of 9:10 p.m. At the hour of 9:40 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, April 12, 2005, at the hour of 9:41 p.m. to the Regular Meeting on Tuesday, April 26, 2005, at the hour of 7:10 p.m.