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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, March 22, 2005, at the hour of 7:14 p.m.

PLEDGE OF ALLEGIANCE

Ann Currie

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Edgerton announced that the recent annual fundraiser for the Hermosa Beach Education Foundation raised $150,000 for Hermosa Beach schools.

PRESENTATION

WOMAN’S CLUB OF HERMOSA BEACH
STUDENT ART CONTEST PRESENTATION

Jean Lombardo and Pat Love, representing the Woman’s Club of Hermosa Beach, presented awards to the students, who displayed their artwork to the Council and the audience. Mayor Reviczky congratulated the winners and gave them City pins.

“NATIONAL LIBRARY WEEK 2005” AND PRESENTATION BY LOS ANGELES COUNTY LIBRARY

Naoma Valdes, Hermosa Beach Friends of the Library president, outlined the history of the Hermosa Beach library dating back to 1903 and described recent innovations such as homework assistance tutors available online from the Los Angeles County Library System, of which the Hermosa Beach library is a part. Martha Philippoff, Hermosa Beach community library manager, encouraged all residents to visit the library and obtain a public library card, and Mayor Reviczky presented her with a proclamation recognizing April 10 – 16, 2005 as National Library Week.

PRESENTATION BY 2004 LEADERSHIP HERMOSA CLASS

John Stewart, Jeff Bartlett, and Christian Campisi described Volunteer Hermosa, the class project for the Leadership Hermosa Class of 2004, and its goal to provide volunteer opportunities through emails and newsletters for the day-to-day activities and annual events for the City’s service organizations, particularly to reach new residents, and stated that Corinne Ybarra of the 2003 Leadership Hermosa class would be the Director of Volunteer Hermosa.

CLOSED SESSION REPORT FOR MEETING OF MARCH 8, 2005:

City Council authorized an offer of $4.2 million for acquisition of real property located at 552 Eleventh Place, subject to certain conditions and contingencies. The offer was accepted by the property owner on March 11, 2005.

PUBLIC PARTICIPATION:

1. ORAL AND WRITTEN COMMUNICATIONS

   There were no written communications.

   Coming forward to address the Council at this time was:
   Roger Creighton – Hermosa Beach, asked that consent calendar item 2(t) be removed for discussion.

2. CONSENT CALENDAR:

   Action: To approve the consent calendar recommendations (a) through (t), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: Tucker (a), (g), (p), (t), Keegan (m) and Mayor Reviczky (f).
   Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

   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 8, 2005.

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

      Action: To approve the minutes of the Regular City Council meeting of March 8, 2005, amended to include Mayor Pro Tempore Tucker’s comments as to why he voted no on item 6(b) – the review and reconsideration of the variance for the Union Cattle Company.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

   2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 24706 THROUGH 39748, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 39009 AND 39438, AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register, as presented.

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

      Action: To receive and file Tentative Future Agenda Items, as presented.

   4. RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2005 FINANCIAL REPORTS:

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

      Action : To receive and file the February 2005 financial reports as presented.

   5. RECOMMENDATION TO AWARD BID FROM MS. NORMA NAVARRO FOR SALE OF THE SURPLUS CITY-OWNED LOT ON 14TH STREET NEAR HERMOSA AVENUE; AUTHORIZE THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT AND ESCROW FOR THE SALE; AND, AUTHORIZE THE MAYOR TO SIGN THE REQUIRED CONVEYANCE DOCUMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 8, 2005.

      Action: To approve the staff recommendation to:
      

      1. Award the bid from Ms. Norma Navarro for the sale of the surplus City-owned lot on 14th Street near Hermosa Avenue;
      2. Authorize the City Manager to enter into a purchase agreement and escrow for the sale; and
      3. Authorize the Mayor to sign the required conveyance documents.

   6. RECOMMENDATION TO ACCEPT THE DONATIONS OF $25 FROM CHRISTINE HOLLANDER; $95 FROM OZZIE AND GLORIA CADENA; $1,000 FROM KAREN O’CONNELL AND PATRICK MCDONNELL; $1,000 FROM JOHNATHAN GOLDSTEIN, M.D. AND CARLA LILIEN; AND $50 FROM ESMOND EDWARDS AND YVONNE FERGUSON TO BE USED FOR JAZZ MEMORIAL PLAQUES. Memorandum from Finance Director Viki Copeland dated March 9, 2005.

      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 to be used for Jazz Memorial Plaques:
      - $ 25 – from Christine Hollander
      - $ 95 – from Ozzie and Gloria Cadena
      - $1,000 – from Karen O’Connell and Patrick McConnell
      - $1,000 – from Johnathan Goldstein, M.D. and Carla Lilien; and
      - $ 50 – from Esmond Edwards and Yvonne Ferguson
      Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.

   7. RECOMMENDATION TO APPROVE THE PIER PLAZA JAZZ MEMORIAL PROPOSAL CONTINGENT UPON ADEQUATE FUNDING FROM PRIVATE DONORS. Memorandum from Community Resources Director Lisa Lynn. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.

      City Manager Burrell responded to Council questions.

      Action : To approve the Pier Plaza Jazz Memorial Proposal contingent upon adequate funding from private donors, as recommended by the Parks, Recreation and Community Resources Advisory Commission.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

   8. RECOMMENDATION TO RECEIVE AND FILE THE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated March 14, 2005.

      Action : To receive and file the Status Report of capital improvement projects that are either under design or construction as of February 28, 2005.

   9. 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 14, 2005.

      Claimant: Flanagan, Ryan
      Date of Loss: 09-10-04
      Date Filed: 03-04-05
      Allegation: Excessive force by Police

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

   10. RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 15, 2005.

       Action : To receive and file the notice of a closed claim, as recommended by staff.

   11. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 1, 2005.

       Action : To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 1, 2005.

   12. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF DIGITAL PATROL CAR CAMERA SYSTEM/STATION AND JAIL SURVEILLANCE SYSTEM FOR THE POLICE DEPARTMENT FROM AVENTURA TECHNOLOGIES OF HAUPPAUGE, NEW YORK IN THE AMOUNT OF $64,394 INCLUDING SALES TAX. Memorandum from Police Chief Michael Lavin dated March 8, 2005.

       Action : To authorize, as recommended by staff, the purchase of the digital patrol car camera system/station and jail surveillance system for the Police Department from Aventura Technologies of Hauppauge, New York in the amount of $64,394 including sales tax.

   13. RECOMMENDATION TO AUTHORIZE THE FOLLOWING FUND TRANSFERS, INTERNAL LOANS AND REAPPROPRIATIONS FOR THE PURCHASE OF PROPERTY LOCATED AT 552 11TH PLACE: USE OF PROCEEDS FROM THE SALE OF THE PARKING LOT ON 14TH STREET TO REDUCE THE AMOUNT FINANCED; USE OF PROCEEDS FROM THE CURRENT BUILDING TENANT TO HELP COVER THE DEBT SERVICE; USE OF DEC FUNDS FROM CIP 140, 11TH STREET IMPROVEMENTS, $442,000 AND $11,000 FROM THE FUND BALANCE TO FUND THE PURCHASE; TO FUND THE BALANCE OF THE PURCHASE WITH AN INTERNAL LOAN OF $1,000,000 FROM THE INSURANCE FUND, $1,000,000 FROM THE EQUIPMENT REPLACEMENT FUND, AND $747,000 FROM THE CONTINGENCY FUND, WITH AMOUNTS TO BE ADJUSTED AS NECESSARY BASED ON THE PROCEEDS OF THE 14TH STREET PROPERTY SALE; PHASE I REPORT AT A COST UP TO $5,000 TO BE COMPLETED BY CLOSE OF ESCROW - COST BORNE BY BUYER; AND TO FIND THAT THE PURCHASE IS CONSISTENT WITH HERMOSA BEACH GENERAL PLAN. Memorandum from City Manager Stephen Burrell dated March 10, 2005.

       This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting in order to register a no vote on the item.

       Action : To approve the staff recommendation to authorize the following fund transfers, internal loans and reappropriations to purchase the property located at 552 Eleventh Place:
       

       1. Use proceeds from the sale of the parking lot on 14th Street to reduce the amount financed;
       2. Use proceeds from the current building tenant to help cover the debt service;
       3. Use DEC Funds from CIP 140, 11th Street Improvements, $442,000 and $11,000 from the fund balance to fund the purchase;
       4. Fund the balance of the purchase with an internal loan of $1,000,000 from the Insurance Fund, $1,000,000 from the Equipment Replacement Fund and $747,000 from the Contingency Fund, with amounts to be adjusted as necessary based on the proceeds of the Fourteenth Street property sale;
       5. Phase I report at a cost up to $5,000 to be completed by close of escrow - cost borne by buyer; and
       6. Find that the purchase is consistent with Hermosa Beach General Plan.

       Motion Keegan, second Mayor Reviczky. The motion carried, noting the dissenting vote of Councilmember Keegan.

   14. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 15, 2005.

       Action : To receive and file the action minutes of the Planning Commission meeting of March 15, 2005.

   15. RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $340,864 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; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE AN APPROPRIATION OF $95,000 FROM THE 160 SEWER FUND; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES TO THE WILLIAMS PIPELINE CONTRACTORS, INC. CONTRACT AS NECESSARY WITHIN THE CONTINGENCY OF $35,000. Memorandum from Public Works Director Richard Morgan dated March 15, 2005.

       Action : To approve the staff recommendation to:
       (1) Award a construction contract to Williams Pipeline Contractors, Inc. in the amount of $340,864 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;
       (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney;
       (3) Authorize an appropriation of $95,000 from the 160 Sewer Fund; and
       (4) Authorize the Director of Public Works to make minor changes to the Williams Pipeline Contractors, Inc. contract as necessary within the contingency of $35,000.

   16. RECOMMENDATION TO APPROVE THE PRIVATE DONATION AND INSTALLATION OF A FOUR-FOOT TALL, FOUR THOUSAND POUND ANCHOR IN NOBLE PARK. Memorandum from Public Works Director Richard Morgan dated March 15, 2005.

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

       City Manager Burrell responded to Council questions.

       Action : To approve the private donation and installation of a four-foot tall, four thousand pound anchor in a planter box at the end of Fifteenth Street adjacent to Noble Park, but not in the park itself.

       Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

   17. RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. IN THE AMOUNT OF $69,110 FOR PROJECT NO. CIP 04-115 STREET IMPROVEMENTS – 20TH STREET FROM VALLEY DRIVE TO POWER STREET; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES TO THE HARDY & HARPER, INC. CONTRACT AS NECESSARY WITHIN THE CONTINGENCY OF $7,000. Memorandum from Public Works Director Richard Morgan dated March 15, 2005.

       Action : To approve staff recommendation to:
       (1) Award a construction contract to Hardy & Harper, Inc. in the amount of $69,110 for Project No. CIP 04-115 Street Improvements – 20th Street from Valley Drive to Power Street;
       (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; and
       (3) Authorize the Director of Public Works to make minor changes to the Hardy & Harper, Inc. contract as necessary within the contingency of $7,000.

   18. RECOMMENDATION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 WITH ALL AMERICAN ROOFING COMPANY FOR PROJECT CIP 04-633 IN THE AMOUNT OF $8,315.90; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE THE SUPPLEMENTAL AGREEMENT; AND AUTHORIZE A TOTAL APPROPRIATION OF $11,355.90 FOR ADDITIONAL RE-ROOFING INCLUDING THE FIRE STATION TOWER, CLARK FIELD ANNOUNCER’S BOOTH, AND THE SOUTH SCHOOL BUILDING OVERHANG, INCLUDED IS $3,040 FOR REMOVAL OF EXISTING ASBESTOS IN THE ROOFING MATERIALS BY ALTERNATIVE TECHNOLOGIES, INC. Memorandum from Public Works Director Richard Morgan dated March 15, 2005.

       Action : To approve the staff recommendation to:
       (1) Approve Supplemental Agreement No. 1 with All American Roofing Company for Project CIP 04-633 in the amount of $8,315.90;
       (2) Authorize the Director of Public Works/City Engineer to execute the Supplemental Agreement; and
       (3) Authorize a total appropriation of $11,355.90 for additional re-roofing including the Fire Station Tower, Clark Field announcer’s booth, and the South School building overhang, included is $3,040 for removal of existing asbestos in the roofing materials by Alternative Technologies, Inc.

   19. RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON THE RECYCLING PROGRAM AND THE IMPLEMENTATION OF THE LOCAL ASSISTANCE PROGRAM WITH THE STATE INTEGRATED WASTE MANAGEMENT BOARD. Memorandum from City Manager Stephen Burrell dated March 9, 2005.

       Action : To receive and file status report on the recycling program and the implementation of the Local Assistance Program with the State Integrated Waste Management Board, as recommended by staff.

   20. RECOMMENDATION TO ADOPT RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ALTERATIONS TO AN EXISTING RESTAURANT AND A VARIANCE TO ALLOW A PERMANENT DECK COVER ON THE SECOND FLOOR DECK, AND SEASONAL TENT ON THE UPPER FLOOR DECK, TO BOTH EXCEED THE 30-FOOT HEIGHT LIMIT AT UNION CATTLE COMPANY RESTAURANT AT 1301 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated March 14, 2005.

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

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

       Coming forward to address the Council on this issue was:
       Roger Creighton – Hermosa Beach, said he was present at the March 8 public hearing for this item and questioned Council’s conversation about the item during a recess that resulted in additional motions afterwards (City Attorney Jenkins said the procedure was correct since the additional motions did not change the action, merely clarified it, and he was under the impression that all who spoke during the public hearing were still in the room when the additional motions were made).

       Proposed Action: To adopt the resolution reflecting the Council’s action at the March 8, 2005 meeting to overturn the Planning Commission’s decision and approve the Conditional Use Permit Amendment and Variance at the Union Cattle Company Restaurant at 1301 Manhattan Avenue.
       Motion Yoon, second Edgerton. The motion failed, noting the dissenting votes of Keegan, Tucker, and Mayor Reviczky.

       City Attorney Jenkins said staff would need to prepare a resolution to deny the project for Council consideration at a future meeting.

3. CONSENT ORDINANCES

   None

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(a), (f) (g), (m), (p) and (t) 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. APPEAL OF THE PUBLIC WORKS COMMISSION’S DENIAL OF A HANDICAPPED PARKING SPACE ON MONTEREY BOULEVARD. Memorandum from Public Works Director Richard Morgan dated March 15, 2005.

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

      Coming forward to address the Council on this item were:
      Patricia Morales – Hermosa Beach, said she lives next door to and is friends with the applicant, but the area has a shortage of parking and some people actually have rented garage space; said the applicant is an artist and needs to unload her car occasionally but the Police and the neighbors were lenient about double parking for unloading; said the applicant walks on the plaza and up the stairs to her second floor apartment and, without an 8 to 5 job, doesn’t have to worry about parking at peak times; said it was important to draw the line about handicapped spaces on public streets in front of someone’s home; submitted a petition signed by 18 neighbors opposed to the parking space and a diagram that she drew;
      Robert Currie – Hermosa Beach, on Monterey, said the neighborhood had run smoothly until this situation; said the applicant was a nice lady, but he did not think any person who regularly takes walks and climbs the stairs to an upstairs apartment needed a handicapped parking space; said the existing handicapped space on Monterey, at the corner by the real estate office, was easily accessible to the applicant; said he was eligible for a handicapped space himself;
      Marilyn Boussaid – Hermosa Beach, read the letter she submitted, said a person with a disability should receive reasonable accommodation for an exception to the policy of one handicapped space per block; said her disability, which was well documented by medical professionals, is fibromyalgia, a incurable, muscular condition that causes fluctuating pain and weakness; said sometimes she can walk and other times she cannot and that she often spends most of the day resting; said she has been classified as permanently disabled by the Social Security Administration and has a handicapped placard from the Department of Motor Vehicles; cited Americans with Disabilities Act CFR 35130, which addresses reasonable modification of local laws and non-discrimination against individuals with disabilities;
      Ann Currie – Hermosa Beach, on Monterey, said the neighbor seeking the handicapped space should not be driving if she is not feeling well; said the applicant lives on the second floor and walks up her stairs; said the neighbors were not notified prior to the approval of the handicapped space requested by the neighbor at the corner, who has a garage, a driveway, and rides his bicycle every day; said her husband was eligible for a handicapped parking place because of his heart attack, as were several other people on the block;
      Andrea Pulcini – Hermosa Beach, said she was an advocate for disabled and also has a hidden handicap herself; said Marilyn’s disability allowed her to walk once in a while and sometimes she just has to go out; said Marilyn will continue to walk up her stairs as long as she is able and that she tries to manage the best she can.
      

      Action: To approve the requested handicapped parking space on Monterey Boulevard, subject to applicant providing proof of permanent disability from the Social Security Administration.
      Motion Edgerton, second Mayor Reviczky. The motion carried, noting the dissenting votes of Keegan and Yoon.
      

      Further Action: To refer the issue of handicapped spaces to the Public Works Commission, with direction to review all current handicapped parking spaces on residential public streets and establish a formal policy for granting these parking spaces, taking into consideration such factors as whether the applicant has a garage and/or driveway; the possible requirement for Social Security Administration documentation of permanent disability, and a specific period of time for review of the continued need for a handicapped space at each location, along with consideration for dealing with temporary disabilities. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.

   2. PLANNING COMMISSION MEMORANDUM ON CUP AND CODE ENFORCEMENT FOR PIER PLAZA DOWNTOWN BUSINESSES. Memorandum from Community Development Director Sol Blumenfeld dated March 10, 2005.

      Community Development Director Blumenfeld 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 was:

      Gary Vincent – Fat Face Fenner’s Fishack, agreed there is a noise problem but said it could not be eliminated completely; said citations have been issued for unintentional violations when a customer, not an employee, opened a window; said the doors are opened often, as people enter and leave; urged the Council to take those factors into consideration and to enforce regulations fairly and consistently for all businesses, with or without an encroachment permit.

      Proposed Action: To enforce the noise ordinance by giving tickets when doors and windows are not kept closed.
      Motion Edgerton, second Yoon. Replaced by the following substitute motion.

      Action: To enforce conditional use permit (CUP) regulations on the Plaza businesses with citations.
      Motion Keegan, second Yoon. The motion carried by a unanimous vote.

      Further Action: To direct staff to review and draft necessary changes to the existing encroachment permit guidelines, and present the staff-recommended changes to the City Council for consideration at a future meeting.
      Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   1. PROPOSED ELIMINATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Memorandum from City Manager Stephen Burrell dated March 8, 2005.

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

      Action: To approve the staff recommendation to adopt Resolution No. 05-6384, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE COMMUNITY DEVELOPMENT PROGRAM AND URGING CONGRESS TO RESTORE ITS FUNDING.” Motion Keegan, second Tucker. The motion carried by a unanimous vote.

   2. REVIEW OF E-NEWSLETTER. Memorandum from City Manager Stephen Burrell dated March 17, 2005.

      City Manager Burrell 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 were:

      John Bowler – Hermosa Beach, said he assembles the e-newsletter but there was no real creation on his part, as articles were written by City staff and most information was already available on the City’s website; explained that a staff member sends notices to all department heads asking if they have anything for the e-newsletter, giving a deadline, and then forwards the information to him; said Hermosa Beach is one of the first cities to have an e-newsletter but others have recently expressed interest; assured the Council that the two-part signup process eliminated the possibility of someone signing up another person to receive the newsletter without their knowledge or permission; said most residents do not know about the e-newsletter yet, but he was printing a brochure at his cost to publicize it and hoped to have about 2,000 subscribers soon; suggested including a survey in the next issue to ask the subscribers their opinion of the newsletter, noting that residents could be polled that way for other issues as well; said the Community Resources Department indicated an increased level of participation in their programs, since the e-newsletter facilitates signing up for classes or events;

      Gene Dreher – Hermosa Beach, said as a member of the City’s Cable TV Commission, he learned that it is important to find out the preferences and feelings of the populace; agreed with the use of the e-newsletter to survey residents, noting that the cost of a traditional mailer to ascertain this information would be much more expensive than the monthly cost of the e-newsletter; said there would be no better way to determine the opinion of the residents for other purposes, not in a political sense, but just as good City management; and

      Roger Creighton – Hermosa Beach, cautioned the Council about polls of this type, citing the fact that some businesses have instructed their employees to participate in the Easy Reader polls that annually designate the best of each type of business.

      Proposed Action : To continue having the City Manager review the e-newsletter for content, but ask the Leadership Hermosa group to take over administration of the e-newsletter.
      Motion Edgerton, second Tucker. The motion failed, noting the dissenting votes of Keegan, Yoon, and Mayor Reviczky.

      Proposed Action : To discontinue the e-newsletter program.
      Motion Yoon, second Edgerton. The motion failed, noting the dissenting votes of Keegan, Tucker, and Mayor Reviczky.

      Proposed Action : To continue the e-newsletter for two more months, which would complete the seven-month trial program, with direction to ask for feedback from subscribers in the next edition so that the Council can evaluate the program.
      Motion Mayor Reviczky, second Keegan. Replaced by the following substitute motion.

      Action : To continue the e-newsletter for two more months, with a request for feedback from subscribers in the next edition so that the Council can evaluate the program, and with direction to staff to prepare a Request for Proposal seeking free administration of the e-newsletter.
      Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Keegan.

      The meeting recessed at 9:35 p.m.
      The meeting reconvened at 9:48 p.m., with item 4

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   None

9. OTHER MATTERS - CITY COUNCIL

   None

   City Manager Burrell announced the need to cancel this evening’s scheduled closed session. With the consensus of the City Council, consideration of the closed session agenda items listed below was postponed.

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 March 8, 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, March 22, 2005, at the hour of 10:24 p.m. to the Regular Meeting on Tuesday, April 12, 2005, at the hour of 7:10 p.m.

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