MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 27, 2001, at the hour of 7:15 P.M.

 

PLEDGE OF ALLEGIANCE - Dick McCurdy

 

ROLL CALL :

Present: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler
Absent: None

 

Mayor Bowler announced with sadness that tonight's meeting would be adjourned in the memory of Patricia Gazin who had died that afternoon. Mrs. Gazin had many firsts to her credit including, the first elected female Councilmember and first female Mayor of Hermosa Beach, as well as the founder of one of the first Friends of the Library in Southern California. Mrs. Gazin had worked on the Hermosa Beach City Council during one of its most constructive periods when the Library, City Hall and the current Pier were built. An ardent historian, Patricia Gazin was the author of two books on Hermosa Beach history.

Mayor Bowler said that a memorial service would be announced at a later date and extended his condolences to Mrs. Gazin's husband of over 50 years, Myron Gazin, and to their two children, Greg and Cathy.

 

PRESENTATIONS : Mayor Bowler presented a Certificate of Recognition to Bob McEachen, Past President of the Hermosa Beach Kiwanis, to honor the 75th anniversary of the Kiwanis in Hermosa and to thank its members for their work to benefit the City. Mr. McEachen thanked Mayor Bowler and the Council and introduced Christmas Tree Lot Manager Paul Amarillas and his wife Yvonne. Mr. Amarillas thanked the Council for the use of the Community Center lawn for their annual fund-raising Christmas Tree Lot. He said that this had been their best year ever. He then presented a check in the amount of $5,500.00 to Christine Hollander, President of the Hermosa Beach Community Center Foundation.

 

ANNOUNCEMENTS : Councilmember Dunbabin expressed the sadness of the entire Council at the death of Patricia Gazin and recounted an anecdote when she had introduced Mrs. Gazin saying that she was the first woman to serve on the Council. She was corrected by Mrs. Gazin who said, "I was not the first woman, I am the first woman to serve on the Council, and I always will be."

Councilmember Reviczky announced that "Heart of Hermosa", the major fund raising event for the Hermosa Beach Education Foundation would take place on Saturday, March 10th, and urged viewers to attend this event as the proceeds benefited Hermosa school children.

Councilmember Edgerton also spoke on the Education Foundation event saying that over $75,000 had been raised last year and they were hoping to raise a higher amount this year as the money went to pay for specialized school supplies, such as computers, and for supplemental salaries for specialty teachers.

Councilmember Reviczky said that this was Police Chief Val Straser's last Council meeting before his retirement next month and thanked him on behalf of the City for his 28 years of service with the Hermosa Police Department.

 

CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 13, 2001: NO REPORTABLE ACTIONS.

 

PUBLIC PARTICIPATION :

1. ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Ozzie Cardena - Founder of "Jazz on the Plaza", submitted some drawings of proposed plaques to honor great jazz musicians who have played in Hermosa Beach; and,

John Hales - Hermosa Beach resident, spoke of his inability to speak with a person, or even leave a voice message, with parking enforcement over a neighborhood parking problem; said that the phone problem should be tended to as it left a bad impression of Hermosa Beach.

b.    WRITTEN COMMUNICATIONS

1. Letter from Franci Agajanian of the Mira Costa G.R.A.D. Booster Club requesting consideration of a donation toward the 12th Annual Grad Night for Mira Costa Class of 2001 .

Action : To approve the request for a donation in the amount of $1,000.00 toward the 12th Annual Grad Night for Mira Costa Class of 2001.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

2. Letter from John Hales of the Hermosa Beach Historical Society requesting that City Council officially recognize April 1, 2001, as our City's Founder's Day .

Coming forward to address the Council on this matter was:

John Hales - Hermosa Beach resident, spoke to his request and read from his letter.

Action : To direct staff to bring an item back on the next agenda to take official action to recognize April 1, 1901, as Hermosa Beach Founder's Day.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Dunbabin and (h) Oakes.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

 

(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 13, 2001 .

This item was removed from the consent calendar by Councilmember Dunbabin for additional comments and discussion later in the meeting.

City Manager Stephen Burrell said that the minutes had been removed in order to correct the adjournment to February 26, 2001.

Action : To approve the balance of the minutes of the Regular meeting of February 13, 2001, noting the correction on page 10458, under ADJOUNMENT to read, "The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 13, 2001, at the hour of 11:16 P.M. to an Adjourned Meeting on Monday, February 26, 2001, at the hour of 7:30 P.M. at Ein Stein's Restaurant, 1301 Manhattan Avenue, Hermosa Beach, for a joint meeting between the Hermosa Beach City Council and the Hermosa Beach City School District Board of Trustees."
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 24166 THROUGH 24347 .

Action : To ratify the Check Register as presented.

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .

Action : To receive and file the tentative future agenda items as presented.

(d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2001 FINANCIAL REPORTS :

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

Action : To approve the staff recommendation to receive and file the revenue and expenditure report, City Treasurer's report, and investment report for January 2001.

(e) 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 February 12, 2001.

Claimant: Century-TCI California, L.P.
Date of Loss: 05-17-99
Date Filed: 02-08-01
Allegation: Trip and fall.

Action : To approve the staff recommendation to deny the above claim and refer it to the City's Liability Claims Administrator.

(f) RECOMMENDATION TO APPROVE A WORKSHOP DATE OF THURSDAY, MAY 24TH AT 7:10 P.M. FOR REVIEW OF THE 2001-2002 BUDGET . Memorandum from Finance Director Viki Copeland dated February 14, 2001.

Action : To approve a workshop date of Thursday, May 24, 2001, at 7:10 P.M. for review of the 2001-2002 budget.

(g) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW CITY STAKE-BED TRUCK WITH UTILITY BED FOR THE PUBLIC WORKS DEPARTMENT TO WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA, IN THE AMOUNT OF $26,387.64; APPROVE THE APPROPRIATION OF $1,388 IN ADDITIONAL FUNDS NEEDED FROM THE EQUIPMENT REPLACEMENT FUND; AND, AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED . Memorandum from Public Works Director Harold Williams dated February 12, 2001.

Action : To approve the staff recommendation to:

1. Award the purchase of a new City stake bed truck with utility bed for the Public Works Department to Wondries Fleet Division of Alhambra, California in the amount of $26,387.64;

2. Approve the appropriation of $1,388 in additional funds needed from the Equipment Replacement Fund; and

3. Authorize staff to issue the appropriate purchase documents as required.

(h) RECOMMENDATION TO APPROVE, IN CONCEPT, A PROGRAM OF COMMEMORATIVE PLAQUES FOR JAZZ ARTISTS WHO PERFORMED IN HERMOSA BEACH; APPROVE THE PLAZA AREA AS THE LOCATION FOR THE PLACEMENT OF THESE PLAQUES; AND, APPROVE A PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSION SUBCOMMITTEE (BELL/FISHMAN) TO WORK WITH OZZIE CADENA TO DEVELOP GUIDELINES, A FUNDING PLAN, AND SELECTION CRITERIA FOR THE PROGRAM TO BE PRESENTED TO COUNCIL AT A FUTURE MEETING . Memorandum from Community Resources Director Mary Rooney dated February 20, 2001.

This item was removed from the consent calendar by Councilmember Oakes for additional comments and discussion later in the meeting.

Community Resources Director Rooney responded to Council questions. City Manager Burrell also responded to Council questions.

Proposed Action : To table this item until after the Pier design is finalized.
Motion Oakes, second Edgerton. The motion was withdrawn by the maker and the second.

Action : To direct staff that the Council is interested in commemorating the jazz history of Hermosa Beach by allowing the Parks, Recreation and Community Resources Advisory Commission to study and return with the potential size, shape, location and suggested number of tastefully done plaques for the Plaza area.
Motion Oakes, second Edgerton. The motion carried by a unanimous vote.

(i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF FEBRUARY 7, 2001 .

Action : To approve the staff recommendation to receive and file the action minutes of the Public Works Commission meeting of February 7, 2001.

(j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 2001 .

Action : To approve the staff recommendation to receive and file the action minutes of the Planning Commission meeting of February 20, 2001.

(k) RECOMMENDATION TO APPROVE AND AUTHORIZE THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH JENKINS & HOGIN, LLP, FOR CITY ATTORNEY AND LEGAL SERVICES FOR THE CITY OF HERMOSA BEACH; AUTHORIZE NOTIFICATION TO RICHARDS, WATSON & GERSHON OF TERMINATION OF CITY ATTORNEY SERVICES EFFECTIVE MARCH 1, 2000; AND, AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH RICHARDS, WATSON & GERSHON FOR SPECIAL SERVICES IN CONNECTION WITH THREE PENDING LITIGATION MATTERS AND CERTAIN SPECIALIZED SERVICES . Memorandum from City Manager Stephen Burrell dated February 22, 2001.

Action : To approve the staff recommendation to:

1. Authorize the Mayor to sign a professional services agreement with Jenkins & Hogin, LLP for City Attorney and legal services for the City of Hermosa Beach;

2. Authorize notification to Richards, Watson & Gershon to termination of City Attorney services effective March 1, 2000 ;

3. Authorize the Mayor to execute a contract with Richards, Watson & Gershon for special services in connection with three pending litigation matters and certain specialized services.

(l) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW CITY PAINT/SIGN TRUCK FOR THE PUBLIC WORKS DEPARTMENT TO LINE MASTER ENGINEERING OF LONG BEACH, CALIFORNIA IN THE AMOUNT OF $69,199.22 AND AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED . Memorandum from Public Works Director Harold Williams dated February 20, 2001.

Action : To approve the staff recommendation to:

1. Award the purchase of a new city paint/sign truck for the Public Works Department to Linemaster Engineering of Long Beach, California in the amount of $69,199.22, and

2. Authorize staff to issue the appropriate purchase documents as required.

(m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 6, 2001 .

Action : To approve the staff recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 6, 2001.

(n) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW CITY HI-LIFT TRUCK WITH UTILITY BED FOR THE PUBLIC WORKS DEPARTMENT TO ALTEC INDUSTRIES, INC. OF DIXON, CALIFORNIA, IN THE AMOUNT OF $124,488.36 AND AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED . Memorandum from Public Works Director Harold Williams dated February 12, 2001.

Action : To approve the staff recommendations to:

1. Award the purchase of a new city Hi-lift truck with utility bed for the Public Works Department to Altec Industries, Inc., of Dixon, California in the amount of $124,488.36; and

2. Authorize staff to issue the appropriate purchase documents as required.

 

2. CONSENT ORDINANCES

a. ORDINANCE NO. 01-1213 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE NOISE ORDINANCE RELATIVE TO LEAF BLOWERS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE . For adoption. Memorandum from City Clerk Elaine Doerfling dated February 14, 2001.

Action : To approve the staff recommendation to waive full reading and adopt Ordinance NO. 01-1213 .
Motion Reviczky, second Dunbabin.

AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler
NOES: None
ABSENT: None
ABSTAIN: None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(a) and (h), 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.

 

PUBLIC HEARINGS - NONE

 

MUNICIPAL MATTERS

4. PROPOSED CHANGE IN ZONING CODE TO ALLOW BAY WINDOWS TO ENCROACH INTO THE FRONT YARD SET BACK . Memorandum from City Manager Stephen Burrell dated February 22, 2001.

City Manager Burrell presented the staff report and responded to Council questions. Community Development Director Sol Blumenfeld also responded to Council questions.

Action : To direct staff to prepare an amendment to the zoning code, for consideration by the Planning Commission, that would allow bay windows to encroach into the front yard set back and to provide precise definitions for bay windows regarding allowable elevation, dimensions and square footage and stipulating that there be no foundation encroachment.
Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Dunbabin.

 

5. REVIEW OF SIGN ORDINANCE RELATIVE TO INFLATABLES AND OTHER DECORATIONS USED AS TEMPORARY BUSINESS SIGNS . Memorandum from Community Development Director Sol Blumenfeld dated February 20, 2001.

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

Action : To direct staff to prepare an amendment to the sign code, for consideration by the Planning Commission, that would define Holiday decorations thereby differentiating them from Holiday advertisements.
Motion Reviczky, second Edgerton. The motion carried noting the dissenting votes of Dunbabin and Oakes.

 

6. REVIEW OF REQUEST FOR QUALIFICATIONS STATEMENT AND PROPOSAL (RFQ/RFP) TO PREPARE A DOWNTOWN MARKET STUDY. Memorandum from Community Development Director Sol Blumenfeld dated February 20, 2001.

Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins and City Manager Burrell also responded to Council questions.

Public participation opened at 8:30 P.M. Coming forward to address the Council on this item was:

Joe Mark - Involved with retail development, urged the Council to move more slowly on this proposed study in order to have a clearer concept of what it was that they wanted; said the Council needed to better define the questions they wanted answered because as it was worded now, the study would bring back information so generalized that it would not be useful for the Council's purposes. He suggested that the Council might like to form a local committee of residents with the expertise to define the questions and to acquire some of the demographics less expensively then they were listed in the proposal.

Public participation closed at 8:40 P.M.

Proposed Action : To work with staff to define our questions more clearly in order to find someone who can give us a market strategy on how to achieve our goals of more retail and office use and what zoning and incentive parameters to use in the downtown area; and then turn our attention to Pacific Coast Highway where we would need the business inventory and retail market analysis to start the study.
Motion Oakes, second Edgerton. The motion died when the second was withdrawn.

Action : To direct staff to reject all bids and to return to Council with more specific issues for a new RFP.
Motion Edgerton, second Oakes. The motion carried by a unanimous vote.

 

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. SPECIAL MEETING TO CONSIDER PHASE III PIER IMPROVEMENTS . Memorandum from City Manager Stephen Burrell dated February 22, 2001.

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

Action : The consensus of the Council was to set the date of March 26, 2001, at the hour of 7:10 P.M. for the meeting to discuss the final design of the Pier Improvements.

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

9. 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 February 13, 2001.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Government Code Section 54956.8

Property: 

• 11th Street and The Stran

• Longfellow Avenue and The Strand

Negotiating Parties: 

• Stephen Burrell

• TyCom

Under Negotiation: Price & Terms of Payment

3. 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)

Name of Case: Cal Compact Landfill Litigation

• Shell Chemical Co. v. County of Los Angeles, et al

• Case Number: USDC Case #CV-00-01917 MRP (MANx)

• Phillips Petroleum Co. v. County of Los Angeles, et al

• Case Number: USDC Case #CV-00-1938 MRP (MANx)

Name of Case: Macpherson v. City of Hermosa Beach

• Case Number: BC172546

 

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 27, 2001, at the hour of 9:45 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:01 P.M. At the hour of 10:10 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, in the memory of Patricia Gazin, on Tuesday, February 27, 2001, at the hour of 10:11 P.M. to the Regular Meeting of Tuesday, March 13, 2001, at the hour of 7:10 P.M.