MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 13, 2001, at the hour of 7:15 P.M.

 

PLEDGE OF ALLEGIANCE - John Hales

 

ROLL CALL :

Present: Dunbabin, Oakes, Reviczky, Mayor Bowler
Absent: Edgerton (arrived at 7:19 P.M.)

 

ANNOUNCEMENTS : Mayor Bowler commented on the memorial service for Patricia Gazin that took place Saturday, March 10, in the Council Chambers, and extended sympathy to her husband, Myron, and their family.

Mayor Bowler commented on the Little League opening ceremony Friday, March 9, at Clark Field, noting that he threw the first ball. He commended Public Works staff for the beautiful field, adding that the new backstop was nearly completed.

Mayor Bowler announced that the Hermosa Beach Woman's Club was sponsoring a memorial tree planting in Noble Park at 1 p.m. Wednesday, March 14, for Richard Greenwald, an honorary member of the Woman's Club.

Mayor Bowler announced the Hermosa Beach St. Patrick's Day Parade Saturday, March 17, at 11 a.m., noting it was a great family event and the only parade in Los Angeles County. He said the festival would continue on the Plaza through Sunday.

(Councilmember Edgerton arrived at 7:19 P.M.)

Mayor Bowler announced a retirement party for Police Chief Val Straser would take place at noon Friday, April 6, at the Comedy & Magic Club, noting that tickets were available at $37 each through the Comedy Club.

Mayor Bowler commented on the recent elections in Manhattan Beach and Redondo Beach, congratulating all the winning candidates and commending the Manhattan Beach voters for defeating, by an 80 to 20 percent vote, the clean ocean initiative, noting that the same issue would be on Hermosa's ballot in November.

Councilmember Dunbabin congratulated the Redondo Union High School basketball team for winning the CIF Championship and the Hermosa Beach students who are on that team.

Councilmember Oakes commented on the Hermosa Beach Education Foundation dinner, dance and auction fundraiser that took place Saturday, March 10. Councilmember Edgerton said the event raised $70,000 and thanked all of the people who contributed to the event's success, noting that all of the proceeds benefit the Hermosa Beach public schools.

 

PROCLAMATIONS

FOUNDERS DAY - APRIL 1, 2001

Mayor Bowler read the proclamation and proclaimed April 1, 2001, as Founders Day in Hermosa Beach.

John Hales accepted the proclamation and invited everyone to attend the Hermosa Beach Historical Society's open house social on Sunday, April 1, at the museum, noting refreshments would be served.

 

CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 27, 2001 : No reportable actions.

 

PUBLIC PARTICIPATION

 

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, asked the Council to put money into City street repairs rather than into the downtown area;

Pete Tucker - Hermosa Beach, asked the Council to send a letter of opposition to the proposed area code change; asked that businesses receiving unneeded parking permits be weeded out of the system; expressed concern about downtown retail being driven out due to rent increases; opposed St. Patrick's Day food booths as they may adversely affect local restaurants; and

Robert Bell - Hermosa Beach, commented on Little League opening night and thanked the Public Works staff for their hard work and the wonderful job they did preparing Clark Field after the rain.

 

(b) WRITTEN COMMUNICATIONS - None

 

1. CONSENT CALENDAR :

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

 

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :

1) Minutes of the Adjourned Regular meeting held on February 26, 2001 ; and
2) Minutes of the Regular meeting held on February 27, 2001 .

Action: To approve as presented the minutes of the adjourned regular meeting of February 26, 2001, and the regular meeting of February 26, 2001.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 24348 THROUGH 24485, NOTING VOIDED CHECK NOS. 24352, 24413 AND 24424, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 24338 AND 24360 AS RECOMMENDED BY THE CITY TREASURER .

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 APPROVE THE MODIFIED FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE AVENUE UTILITY UNDERGROUNDING) . Memorandum from Public Works Director Harold Williams dated March 5, 2001.

Action : To approve the Modified Final Engineer's Report for Assessment District No. 97-1 (Myrtle Avenue Utility Undergrounding).

(e) RECOMMENDATION TO RECEIVE AND FILE THE CAPTIAL IMPROVEMENT PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated March 5, 2001.

This item was removed from the Consent Calendar by Councilmember Dunbabin for separate discussion later in the meeting.

Public Works Director Williams responded to Council questions.

Action : To receive and file the status report on capital improvement projects that are either under design or construction, as recommended by staff.
Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

(f) RECOMMENDATION TO ADOPT A RESOLUTION DECLARING INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES A PORTION OF 25TH STREET, BETWEEN THE STRAND AND HERMOSA AVENUE AND SETTING A PUBLIC HEARING DATE OF APRIL 10, 2001 . Memorandum from Public Works Director Harold Williams dated March 6, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6118 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON, FOR PUBLIC PURPOSES, A PORTION OF 25TH STREET, BETWEEN THE STRAND AND HERMOSA AVENUE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED BOOK, PAGE 1-25, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER ."

(g) RECOMMENDATION TO ACCEPT THE WORK BY SULLY-MILLER CONTRACTING CO. FOR PROJECT NO. CIP 95-150, HERMOSA AVENUE STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AUTHORIZE STAFF TO RELEASE PAYMENT TO SULLY-MILLER CONTRACTING CO. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION); AUTHORIZE INCREASE IN THE CONTRACT AMOUNT BY $12,000; AUTHORIZE THE APPROPRIATION OF $5,000 FROM THE SEWER FUND; AND, AUTHORIZE THE TRANSFER OF THE BALANCE OF $39,594 FROM CIP 99-409 MANHOLE REPAIR/RECONSTRUCTION TO CIP 95-150 HERMOSA AVENUE STREET IMPROVEMENTS FOR COMPLETION OF THE PROJECT . Memorandum from Public Works Director Harold Williams dated February 28, 2001.

Action : To approve the staff recommendation to:

1. Accept the work by Sully-Miller Contracting Co. for Project No. CIP 95-150 Hermosa Avenue Street Improvements;

2. Authorize the Mayor to sign the Notice of Completion;

3. Authorize staff to release payment to Sully-Miller Contracting Co. (10% retained for 35 days following filing of Notice of Completion;

4. Authorize increase in the contract amount by $12,000;

5. Authorize the appropriation of $5,000 from the Sewer Fund; and

6. Authorize the transfer of the balance of $39,594 from CIP 99-409 Manhole Repair/Reconstruction to CIP 95-150 Hermosa Avenue Street Improvements for completion of the project.

(h) RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON PROJECT NO. CIP 97-182, MYRTLE AVENUE UNDERGROUNDING, AND PROJECT NO. CIP 97-183, LOMA DRIVE UNDERGROUNDING . Memorandum from Public Works Director Harold Williams dated March 5, 2001.

This item was removed from the Consent Calendar by Councilmember Dunbabin for separate discussion later in the meeting.

Public Works Director Williams responded to Council questions.

Action : To receive and file the report, as recommended by staff.
Motion Dunbabin, second Edgerton. The motion carried by a unanimous vote.

(i) 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 March 7, 2001.

• Claimant: Hallstein, Frank

• Date of Loss: 7/22/00

• Date Filed: 1/18/01

Action : To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff.

(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52794 FOR A SEVEN-UNIT CONDOMINIUM PROJECT AT 1046 - 1054 MONTEREY BOULEVARD . Memorandum from Community Development Director Sol Blumenfeld dated March 6, 2001.

This item was removed from the Consent Calendar by Councilmember Edgerton for separate discussion later in the meeting.

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

Action : To approve the staff recommendation to adopt Resolution No. 01-6119 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #52794 FOR A SEVEN-UNIT CONDOMINIUM PROJECT LOCATED AT 1046 - 1054 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA ."
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items (e), (h), and (j) 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

At 7:47 P.M., the order of the agenda was changed to reverse the order of the Municipal Matters, taking item 6 first, followed by items 5 and 4. The items, however, are shown in order for clarity.

 

MUNICIPAL MATTERS

4. PROJECT NO. CIP 95-507, VALLEY PARK IMPROVEMENTS, APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES . Memorandum from Public Works Director Harold Williams dated March 5, 2001. Supplemental plans submitted this evening to Councilmembers.

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

Action : To continue the item to allow for adequate Council review of the plans received tonight and to bring the item back after all Council questions have been answered.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

Councilmember Edgerton requested that the matter not be scheduled for the regular meeting of April 10, as he would be absent from that meeting. City Manager Burrell said the item might need to come back again at a workshop.

 

5. TAXI VOUCHER PILOT PROGRAM . Memorandum from City Manager Stephen Burrell dated March 8, 2001. Supplemental letter from Howard Longacre dated March 13, 2001.

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

Coming forward to address the Council on this item were:

Shirley Cassell - Hermosa Beach, said Torrance has had a very successful taxi voucher program for many years; said the only problem would be if the cab driver wanted a tip on top of the voucher; and

Pete Tucker - Hermosa Beach, supported the taxi voucher proposal due to the high per-person cost of operating the WAVE.

Action : To approve the staff recommendation to direct staff to:

1. 1) Secure proposals from qualified taxi companies to participate in the voucher program; and

2. 2) Work with the City of Redondo Beach to modify the City's existing agreement for the Dial-A-Ride program to implement the pilot program.

And including in the program the additional stipulations that (1) every contractor used be able to provide handicap capabilities; (2) that it be made clear that tips may not be solicited or expected; and (3) that the voucher apply to the ride, not per person, if all parties are going to the same location.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

 

6. TYCOM LTD REQUESTING PERMISSION TO INSTALL AN UNDERGROUND CABLE TO HOUSE A TRANS PACIFIC FIBER OPTIC CABLE AT TWO SEPARATE LOCATIONS . Memorandum from City Manager Stephen Burrell dated March 8, 2001.

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

Coming forward to address the Council on this item was:

Shirley Cassell - Hermosa Beach, questioned the fee amount, if they would be paid annually, and whether or not those fees would change from year to year.

Action : To grant permission, as recommended by staff, for Tycom LTD to file an application with the Community Development Department to construct the conduit under the beach at two separate locations, subject to all applicable laws, regulations, etc.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

 

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. LEGISLATION TO CAP ERAF GROWTH, SHIFT OF PROPERTY TAXES BACK TO LOCAL GOVERNMENT - AB3 (ASHBURN) AND AB100 (SIMITIAN) . Memorandum from City Manager Stephen Burrell dated March 5, 2001.

Action : To support the two bills and direct staff to track them through the legislative session.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

b. LOS ANGELES WORLD AIRPORTS PRESENTATION TO THE CITY COUNCIL REGARDING THE ENVIRONMENTAL IMPACT REPORT . Memorandum from City Manager Stephen Burrell dated March 8, 2001.

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

Action : To extend the invitation for a presentation in June, 2001.
Motion Mayor Bowler, second Dunbabin. The motion carried by a unanimous vote.

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

VACANCIES - BOARDS AND COMMISSIONS - CIVIL SERVICE BOARD: UNEXPIRED TERM ENDING JULY 15, 2003 . Memorandum from City Clerk Elaine Doerfling dated March 8, 2001

City Clerk Doerfling presented the staff report.

Action : To appoint Susan Blaco to the unexpired Civil Service Board term ending July 15, 2003.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

 

9. OTHER MATTERS - CITY COUNCIL - None

City Attorney Jenkins requested that the Council add two items to this evening's closed session agenda--(1) the initiation of new litigation, pursuant to Government Code Section 54956.9(c), with regard to the airport issue and (2) a discussion on whether or not to file an appeal with regard to the existing Cal Compact litigation--noting that both issues arose after the posting of the agenda and required immediate action.

Action : To add to the closed session agenda the two items requested by the City Attorney based on the findings that both issues arose after the posting of the agenda and required immediate action.
Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote.

 

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 February 13, 2001 ; and

2. Approval of minutes of Closed Session meeting held on February 27, 2001 .

2. CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6

• City Negotiator : Stephen Burrell

• Employee Organization : Hermosa Beach Management Association

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 : Macpherson v. City of Hermosa Beach

• Case Number : BC172546

• Name of Case : Cal Compact Landfill Litigation (added item) 

• 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 L.A., et al

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

Initiation of New Litigation - Government Code Section 54956.9(c)

• Number of Potential Cases : 1

 

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 13, 2001, at the hour of 9:30 P.M. to a closed session.

RECONVENE TO OPEN SESSIO N - The Closed Session convened at the hour of 9:50 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, March 13, 2001, at the hour of 10:20 P.M. to the Adjourned Regular Meeting of Monday, March 26, 2001, at the hour of 7:10 P.M. for a Pier Renovation Phase III workshop.