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City Council Minutes November 12, 2003
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Wednesday, November 12, 2003, at the hour of 7:12 p.m.
PLEDGE OF ALLEGIANCE
Pack 860 Webelos Cub Scouts
ROLL CALL
Present: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan
Absent: None
ANNOUNCEMENTS
Councilmember Reviczky thanked the entire Council for attending the Veteran's Day Ceremony, said that speaker Colonel John Fer, a former Viet Nam prisoner of war, gave a very moving speech in which he related the hardships he faced during the 6 ½ years he was a POW.
Mayor pro Tempore Yoon, said that he would miss his first Council meeting on November 25 to attend a family wedding in Italy and wished Councilmember Dunbabin a fond farewell in advance, stating that it had been great to work with someone with so much class and dignity and that he would miss her; also gave his congratulations to election winners in the very close race.
Councilmember Edgerton discussed the Three Padres, a group collecting funds for Valley Park memorial benches for three community members lost recently, Joe Cartwright, Brad Ellis, and Steve Fishman, and asked Public Works Director Morgan to comment on the project.
Public Works Director Morgan said all checks should be made payable to the City of Hermosa Beach; that the donations should be sent to the Public Works Department; and that the total amount needed for the benches was $6,645, for three benches at $2,215 each.
Councilmember Edgerton announced the 11th Annual Beach Cities Toy Drive for needy children, noting that the wrapping party for these toys collected by Hermosa Beach and Manhattan Beach would take place this year in Hermosa Beach at the Clark Building on December 20 starting at 10:00 a.m., adding that further details would be provided later.
Councilmember Dunbabin announced a fundraiser for the Toy Drive - a Fashion Show sponsored by High Five Fashions on Sunday, November 16, at 5:00 p.m. at the Sangria restaurant at Pier Plaza.
Mayor Keegan said a group of 18, including City Clerk Doerfling and himself, would be leaving Thursday, November 13, for a Sister Cities Association trip to Loreto, Mexico.
CLOSED SESSION REPORT FOR MEETING OF OCTOBER 28, 2003
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
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Letter from Fred Huebscher dated October 28, 2003 regarding City paid health insurance for elected officials.
Action: To receive and file the letter.
Motion Reviczky, second Yoon. The motion was carried by a unanimous vote.
Coming forward to address the Council at this time were:
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Roger Bacon
- - Hermosa Beach, asked the status of the Surfers' Walk of Fame Nominating Committee, noting that he continues to receive inquiries; submitted a letter from Mrs. Johnny Rice; recommended long-time surfers Scott Kerwin and John Joseph to serve on the nominating committee. (City Manager Burrell replied that the Parks, Recreation and Community Resources Advisory Commission were putting together a committee and that he would pass on Mr. Bacon's suggestions to the Commission.); and
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John Joseph
- - Hermosa Beach, said that it was important to involve the surfing community in this project, and that he would be happy to serve on the nominating committee.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (g), (h), (i), and (j) Dunbabin, and (k) Reviczky.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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Recommendation to approve minutes of the regular meeting of the City Council held on October 28, 2003.
Action: To approve the minutes of the Regular meeting of the City Council held on October 28, 2003, as presented.
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Recommendation to ratify check Nos. 34673 through 34806 and to approve the cancellation of check Nos. 34466 and 34805 as recommended by the City Treasurer.
Action: To ratify the check register as presented.
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Recommendation to receive and file Tentative Future Agenda Items (PDF File).
Action: To receive and file the tentative future agenda items as presented.
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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 November 3, 2003 (PDF File).
| Claimant: | Huff, Cyle |
| Date of Loss: | 09-10-03 |
| Date Filed: | 10-23-03 |
Action: To deny the subject claim and refer it to the City's Liability Claims Administrator, as recommended by staff.
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Recommendation to approve letter prepared by the South Bay Cities Council of Governments commenting on the supplement to the draft EIS/EIR for LAX Proposed Master Plan Improvements. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 2003 (PDF File).
Action: To approve the letter prepared by the South Bay Cities Council of Governments commenting on the supplement to the draft EIS/EIR for LAX Proposed Master Plan Improvements, as recommended by staff.
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Recommendation to receive and file the action minutes of the Public Works Commission meeting of October 22, 2003.
Action: To receive and file the action minutes of the Public Works Commission meeting of October 15, 2003.
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Recommendation to authorize staff to solicit bids for replacement of all exterior hand railings at City Hall, Police and Library buildings. Memorandum from Public Works Director Richard Morgan dated November 4, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions, clarifying that exterior rails on the west side of City Hall, as well as those in front, and at the Police Department and the Library, would be replaced.
Action: To authorize staff to solicit bids for replacement of all exterior hand railings at City Hall, Police and Library buildings, as recommended by staff.
Motion Dunbabin, second Edgerton. The motion carried by a unanimous vote.
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Recommendation to award construction contract for Project No. CIP 02-189 Street Improvements - Myrtle Area to Orion Contracting, Inc. in the amount of $418,305 and authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; authorize the appropriation of $37,000 from the 160 Sewer Fund; approve the Professional Services Agreement for construction management services with CBM Consulting, Inc. for a fee not to exceed $47,174 and authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes to the CBM Consulting, Inc. as necessary not to exceed $4,800. Memorandum from Public Works Director Richard Morgan dated November 4, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting so that she could leave the room while this item was heard since she lives on Myrtle Avenue.
Action: To approve the staff recommendation to:
- Award the construction contract for Project No. CIP 02-189 Street Improvements - Myrtle Area to Orion Contracting, Inc. in the amount of $418,305, and authorize the Mayor to execute and the City Clerk to attest the contract, subject to approval by the City Attorney;
- Authorize the appropriation of $37,000 from the 160 Sewer Fund;
- Authorize the Director of Public Works to make minor changes to the Orion Contracting, Inc. contract as necessary within the contingency of $42,000;
- Approve the Professional Services Agreement for construction management services with CBM Consulting, Inc. for a fee not to exceed $47,174, and authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and
- Authorize the Director of Public Works to make minor changes to the CBM Consulting, Inc. as necessary not to exceed $4,800
Motion Mayor Keegan, second Edgerton. The motion carried, noting the absence of Councilmember Dunbabin who had left the room because the project included her street.
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Recommendation to award construction contract for the Community Center Theater ADA Upgrades to Pima Corporation of the Los Angeles, California in the amount of $197,600; 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 issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated November 5, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Action: To approve the staff recommendation to:
- Award the construction contract for the Community Center Theater ADA Upgrades to Pima Corporation of the Los Angeles, California in the amount of $197,600;
- 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 issue change orders as necessary within the approved budget.
Motion Dunbabin, second Edgerton. The motion carried by a unanimous vote.
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Recommendation to approve a wireless communications site license agreement (lease) with Sprint PCS Assets, L.L.C. for 1301 Hermosa Avenue (Parking Structure) for an initial term of 5 years with five additional terms of 5 years each. Memorandum from City Manager Stephen Burrell dated November 5, 2003 (PDF File).
This item was removed from the consent calendar by Councilmember Dunbabin for separate discussion later in the meeting.
City Manager Burrell and City Attorney Jenkins responded to Council questions.
Action: To approve a wireless communications site license agreement (lease) with Sprint PCS Assets, L.L.C. for 1301 Hermosa Avenue (Parking Structure) for an initial term of 5 years with five additional terms of 5 years each, as recommended by staff, and direct the City Manager to execute the document, with a few minor corrections and clarifications.
Motion Dunbabin, second Yoon. The motion carried with a unanimous vote.
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Recommendation to adopt resolution to double the fines of specific municipal code sections utilized by the Police Department on the 4th of July and New Year's Eve holidays; specifically regarding possession and consumption of alcohol in public places and violation of the noise ordinance. Memorandum from Police Chief Michael Lavin (PDF File).
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Action: To approve the staff recommendation to adopt Resolution No. 03-6310, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING AN AMENDMENT OF RESOLUTION NO. 96-5830 BY ADDING AN ADDITIONAL BAIL SCHEDULE FOR THE FOLLOWING SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE ON SPECIFIED DATES OF THE YEAR," as amended this evening by the Council to triple the fines for the two holidays.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.
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Recommendation to award bid to purchase personal protection equipment to Brenton Safety of Carson, California in the amount of $15,113.15 (includes tax and shipping). Memorandum from Police Chief Michael Lavin (PDF File).
Action: To award the bid to purchase personal protection equipment to Brenton Safety of Carson, California in the amount of $15,113.15 (includes tax and shipping), as recommended by staff.
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CONSENT ORDINANCES
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ORDINANCE NO. 03-1232 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.26 TO LIST CONDOMINIUMS AS PERMITTED USE IN RESIDENTIAL/COMMERCIAL PROJECTS IN THE C-1 ZONE." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 30, 2003 (PDF File).
City Clerk Doerfling presented the ordinance for adoption, noting that it had been introduced at the meeting of August 12, 2003, by a unanimous vote.
Action: To waive full reading and adopt Ordinance No. 03-1232, subject to specific conditions.
Motion Reviczky, second Yoon. The motion carried by the following vote:
AYES: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan
NOES: None
ABSTAIN: None
ABSENT: None
At 7:30 p.m., the order of the agenda was suspended to go to the public hearing, item 5(a).
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(g), (h) (i), (j), and (k) 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.
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PUBLIC HEARINGS
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REQUEST TO APPROVE THE RECOMMENDATIONS BY THE ADVISORY COMMITTEE ON THE SPENDING OF LLEGB GRANT FUNDS. Memorandum from Police Chief Michael Lavin (PDF File).
Police Chief Lavin presented the staff report and responded to Council questions.
The public hearing opened at 7:35 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:35 p.m.
Action: To approve the staff recommendation to:
- Approve the recommendation of the LLEBG advisory committee to spend the grant funds on camera surveillance equipment, digital cameras and new generation ballistic vests; and
- Appropriate $11,450 for the purchase of the recommended equipment and establish a revenue account for the same amount.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.
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MUNICIPAL MATTERS
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COMMERCIAL BANNER PROGRAM ON PACIFIC COAST HIGHWAY. Memorandum from Public Works Director Richard Morgan dated November 3, 2003 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions.
Coming forward to address the council on this item were:
- Roger Bacon
- - Hermosa Beach, read aloud and submitted a petition signed by several residents concerning this issue, suggested an alternative location on Aviation Boulevard at Pacific Coast Highway, which would not be under the control of CalTrans; and
- Joanne Edgerton
- - Hermosa Beach, said that it was important to maintain the banner program for much needed school funding; favored either working with CalTrans or using the location suggested by Roger Bacon.
Action: To form a subcommittee comprised of Mayor pro Tempore Yoon and Councilmember Edgerton to work with CalTrans, possibly going to Sacramento, and to consider an alternative site if CalTrans will not allow the banners on Pacific Coast Highway.
Motion Keegan, second Dunbabin. The motion carried by a unanimous vote.
Further Action: To direct staff to provide structural calculations on banner sizes to determine the load that the poles and cables can hold.
Motion Reviczky, second Yoon. The motion carried by a unanimous vote.
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PROPOSED TRAFFIC SIGNAL AT PACIFIC COAST HIGHWAY AND 16TH STREET. Memorandum from Public Works Director Richard Morgan dated November 3, 2003 (PDF File).
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To approve the request from Shook Development Corporation to upgrade the intersection of Pacific Coast Highway and 16th Street to be fully signalized, as recommended by staff.
Motion Mayor Keegan, second Dunbabin. The motion carried by a unanimous vote.
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DISCUSSION OF BOARD OF APPEALS. Memorandum from Community Development Director Sol Blumenfeld dated November 6, 2003 (PDF File).
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
Coming forward to address the council on this item were:
- Jack Janken
- - Hermosa Beach, said the law is specific as to Board of Appeal procedures and that appeals should go straight to that Board; said even though Torrance no longer has a Board of Appeals, the Board is required by State law; agreed that administrative applications were not under the jurisdiction of the Board of Appeals; and,
- Peter Tucker
- - Hermosa Beach, said too much time had been spent on the issue and that appeals should go directly to the Board of Appeals for a decision on whether the issue in falls under their purview; said neither the Council nor the City Attorney should make the determination regarding the Board's jurisdiction; saw no need to hire outside consultants; expressed his opinion that there would be very few appeals to the Board of Appeals.
Action: To allow the Board of Appeals to decide if a case falls within their jurisdiction, with Council notification of any appeal application to the Board of Appeals and notification of the results of this appeal, with direction to staff to agendize the $191 fee for Council consideration at the December 9 meeting to make sure the cost of staff time is covered.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.
The meeting recessed at 8:44 p.m.
The meeting reconvened at 9:02 p.m., with item 8(a).
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
NONE
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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REQUEST FOR DIRECTION REGARDING CHANGING THE DESIGNATION FROM "COUNCILMAN" TO "COUNCILMEMBER" IN THE MUNICIPAL CODE. Memorandum from City Clerk Elaine Doerfling dated November 6, 2003 (PDF File).
City Clerk Doerfling presented the report and responded to Council questions.
Action: To direct staff to prepare an ordinance amending Municipal Code Chapters 2.04 and 2.12 to change the word "councilman" to "councilmember" and "councilmen" to "councilmembers," as recommended, and to adjust pronouns as applicable.
Motion Dunbabin, second Yoon. The motion carried by a unanimous vote.
At 8:16 p.m., the order of the agenda was returned to item 4, removed consent calendar items.
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OTHER MATTERS - CITY COUNCIL
NONE
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on October 28, 2003.
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CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
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Property: | Two contiguous parcel fronting 2nd and 3rd Streets, APN 4188-028-070 & 073
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Negotiating Parties: | Stephen Burrell and Crosswind Capital, Inc.
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Under Negotiation: | Price & Terms of Payment
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Property: | 51 Pier Avenue
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Negotiating Parties: | Stephen Burrell and Jerry Newton
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Under Negotiation: | Price & Terms of Payment
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CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
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City Negotiator: | Stephen Burrell
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Employee Organizations: | Hermosa Beach Police Officers Association
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, November 12, 2003, at the hour of 9:15 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened at the hour of 9:22 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 on Wednesday, November 12, 2003, at the hour of 10:11 p.m. to the Regular Meeting on Tuesday, November 25, 2003, at the hour of 7:10 p.m.
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