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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, July 12, 2005, at the hour of 7:14 p.m.
PLEDGE OF ALLEGIANCE
Gary Brutsch
ROLL CALL
Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
Absent: None
ANNOUNCEMENTS
Councilman Yoon announced the Hermosa Beach Open volleyball tournament from July 22 to July 24.
Mayor Pro Tempore Tucker announced the 24-hour Relay for Life event to raise funds for cancer research at Aviation Park on Saturday, July 23 at 9:00 a.m. to Sunday, July 24 at 9:00 a.m., and to call Pat Love at 318-0119 for more information.
Mayor Reviczky said he once again spent July 4 with the Police Department, who performed a magnificent job, and thanked the residents and visitors for making this one of the tamest Independence Day holidays in recent memory.
PRESENTATION
CLOSED SESSION REPORT FOR MEETING OF JUNE 28, 2005: No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Annie Seawright and Alison Stauber – representing the July 4 Ironman Committee, presented Ironman T-shirts to the Council and a donation check for $1,008.42 to the Hermosa Beach Education Foundation;
Keala Smith – announced the inaugural Beach Cities Summer Spectacular fair at the Redondo Beach Performing Arts Center and Aviation Park to be held August 25-28; said admission was free with a Funpack for rides worth $27 sold in advance for $20 and that 10% of the profits would be given to the Hermosa Beach Education Foundation, said details could be found at www.beachcitiessummerspectacular.com;
Sam Perrotti – Hermosa Beach Art Walk, reminded everyone of the next Art Walk event on July 21 from 5-9 p.m. on upper Pier Avenue, said the two prior art walks had been very enjoyable and successful, with businesses reporting an increase in business; and
Susan Blaco – Hermosa Beach Centennial Committee, announced the logo contest, noting that rules and entry forms were available at the City’s Community Resources office with a deadline of August 15 for submission and the winner to be announced on September 1; said there was also a History of Hermosa Beach art contest for children under 12 with the submission deadline of September 30 and the winners announced on October 15, noting that details of the Committee’s activities were available at the Community Resources Department and in the e-newsletter section of the City’s website.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (n), with the exception of item 2(j), which was withdrawn from the agenda by staff, and the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(g) Mayor Reviczky and (l) Keegan.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR MEETING OF JUNE 1 AND THE REGULAR MEETING OF JUNE 14, 2005.
Action: To approve the minutes of the Adjourned Regular Meeting of June 1 and the Regular Meeting of June 14, 2005 as presented.
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RECOMMENDATION TO RATIFY CHECK REGISTER NO. 31742 AND NOS. 40754 THROUGH 40875 INCLUSIVE, 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.
To receive and file Tentative Future Agenda Items as presented.
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RECOMMENDATION TO ACCEPT DONATIONS OF $5,000 FROM FRIENDS OF THE PARKS TO BE USED FOR THE LAWNBOWLING GREEN RENOVATION AND $8,000 FROM CHEVRON TEXACO TO BE USED FOR THE CHEVRON SURF CAMP. Memorandum from Finance Director Viki Copeland dated July 5, 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:
- $5,000 from Friends of the Parks to be used for the Lawnbowling Green renovation; and
- $8,000 from ChevronTexaco to be used for the Chevron Surf Camp
Motion Mayor Reviczky, second Yoon. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 30, 2005.
Action:
To receive and file notice of closed claims.
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RECOMMENDATION TO APPROVE CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE THE CONTRACT FOR A TERM OF THREE YEARS. Memorandum from City Clerk Elaine Doerfling dated July 7, 2005.
Action : To approve the three-year contract for City advertising (legal and display ads) with the Easy Reader newspaper, as recommended.
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RECOMMENDATION TO RECEIVE AND FILE THE REVISED ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 18, 2005
Action :
To receive and file the revised action minutes of the Public Works Commission meeting of May 18, 2005.
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RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO TRANSPORT AMBULANCES FROM WHEELED COACH INDUSTRIES, INC. IN THE AMOUNT OF $211,087.50 AND APPROPRIATE FUNDS FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from Fire Chief Russell Tingley dated July 6, 2005.
Action : To approve the staff recommendation to:
(1) Authorize the purchase of two transport ambulances from Wheeled Coach Industries, Inc. in the amount of $211,087.50 and
(2) Appropriate funds from the Equipment Replacement Fund.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060281 FOR A TWO UNIT CONDO AT 706 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated July 12, 2005.
Action: To approve the staff recommendation to adopt Resolution No. 05-9406, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060281 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 706 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA.”
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RECOMMENDATION TO AWARD PURCHASE OF ONE 2005 CHEVROLET SILVERADO TRUCK FROM WONDRIES FLEET GROUP OF ALHAMBRA, CALIFORNIA IN THE AMOUNT OF $27,284.87; AUTHORIZE STAFF TO REAPPROPRIATE FUNDS FROM BUDGET YEAR 04-05 FROM THE EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE; AUTHORIZE AN ADDITIONAL APPROPRIATION OF $1,035; AND, AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED. Memorandum from Public Works Director Richard Morgan dated July 5, 2005.
City Manager Burrell said this item was being withdrawn from the agenda.
Action : To remove this item from the agenda.
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RECOMMENDATION TO REFER AN APPEAL OF EMPLOYEE RELATION OFFICER’S DETERMINATION ON REQUEST FOR UNIT MODIFICATION TO THE CITY’S CIVIL SERVICE BOARD FOR A HEARING AND FINAL DETERMINATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005.
Action : To refer an appeal of employee relation officer’s determination on request for unit modification to the City’s Civil Service Board for a hearing and final determination, as recommended by staff.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005.
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting and to state that he would be voting no on this MOU because it did not include random mandatory drug testing.
Action: To approve the staff recommendation to adopt Resolution No. 05-6408, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION – POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP.”
Motion Yoon, second. Edgerton. The motion carried, noting the dissenting vote by Keegan.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005.
Action: To approve the staff recommendation to adopt Resolution No. 05-6407, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT.”
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RECOMMENDATION TO APPROVE THE AWARD OF CONTRACT TO DAVID TAUSSIG & ASSOCIATES, INC. IN THE AMOUNT OF $30,000 TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR THE BONNIE BRAE UTILITY UNDERGROUND DISTRICT; AWARD OF CONTRACT TO STRADLING YOCCA CARLSON & RAUTH IN THE AMOUNT OF $41,000 TO PROVIDE BOND COUNSEL SERVICES; AWARD OF CONTRACT TO NORTHCROSS, HILL & ACH IN THE AMOUNT OF $25,000 AS FINANCIAL ADVISORS FOR BOND SALES; AUTHORIZE THE CITY MANAGER TO EXECUTE THE ABOVE CONTRACTS ON BEHALF OF THE CITY; AND, ADVANCE $30,000 FROM THE CONTINGENCY FUND TO THE BONNIE BRAE UTILITY UNDERGROUND DISTRICT TO FUND THE CONTRACT SERVICES OF DAVID TAUSSIG & ASSOCIATES. Memorandum from Public Works Director Richard Morgan dated July 6, 2005.
Action: To approve staff recommendation to:
(1) Approve the award of contract to David Taussig & Associates, Inc. in the amount of $30,000 to provide Assessment Engineering services for the Bonnie Brae Utility Underground District;
(2) Award of contract to Stradling Yocca Carlson & Rauth in the amount of $41,000 to provide Bond Counsel services;
(3) Award of contract to Northcross, Hill & Ach in the amount of $25,000 as Financial Advisors for bond sales;
(4) Authorize the City Manager to execute the above contracts on behalf of the City; and
(5) Advance $30,000 from the Contingency Fund to the Bonnie Brae Utility Underground District to fund the contract services of David Taussig & Associates.
At 7:32 p.m., the order of the agenda was suspended to go to public hearing item 5 (a).
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(g) and (l) 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.
The meeting recessed at 8:40 p.m.
The meeting reconvened at 8:59 p.m., with a re-opening of public hearing item 5(a).
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PUBLIC HEARINGS
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APPEAL OF PLANNING COMMISSION DECISION TO DENY THE GENERAL PLAN AMENDMENT AND ZONE CHANGE AND APPROVE THE CONDOMINIUM PROJECT SUBJECT TO CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE AT 19 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 21, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
The public hearing opened at 7:55 p.m. Coming forward to address the Council on this item were:
Steve Kaplan – property owners’ attorney, said the Planning Commission did approve two new condos if the Council approved the General Plan Amendment and Zone Change; said nothing had changed in the two years since his clients had come before the Council; said he was hoping to convince the Council to approve the zone change to R-3; distributed three photos of the subject property and the two adjacent lots, noting that it would be necessary for the owners of all three lots to join together to accomplish a mixed-use project, which was not likely to happen; said the property had a residential use for 77 years and had a legal non-conforming use for the last 55 years; said the current C-1 zone can intensify the use of the site;
Cindi Wells – property owner, described her experience as a business owner and said this site was not a good commercial location; said the owner of the small restaurant on the corner did not wish to expand; referred to a zone change on Tenth Street approved by the Council with very similar circumstances; said it was unlikely that the three lots would ever be owned by the same owner; noted that the surrounding properties were all residential; felt the best use was for two condominiums;
Gary Brutsch – Hermosa Beach, said zoning was an invitation to build; said the Council had been trying to bring commercial to the south end of the City but it wasn’t working; said the reason the property had not sold earlier was because it was not a good location for commercial and the situation needed to be corrected by re-zoning;
Roger Creighton – Hermosa Beach, cited several cases of rezoning requests; said that small neighborhood businesses could be successful in a residential neighborhood but to force commercial upon residents who have consistently voted for more residential whenever there was an opportunity was the wrong thing to do;
Justin Beimforde – Hermosa Beach, suggested a good use for property in this neighborhood might be a child care center close to the beach since he felt the fastest growing demographic was three year olds; urged the Council to take a long-term view instead of spot zoning; said this might be a good place to help meet the State’s mandated low-income housing;
The public hearing closed at 8:12 p.m.
Proposed Action: To approve the General Plan Amendment and the Zone Change from C-1 to R-3.
Motion Tucker, second Edgerton. The motion failed, noting the dissenting votes of Keegan, Yoon, and Mayor Reviczky.
Proposed Action: To approve a zone change from C-1 to R-1.
Motion Yoon. The motion was withdrawn after the City Attorney advised that the only two options were to keep the current zoning or rezone to R-3.
Mr. Kaplan said if the property were re-zoned R-3, his clients would agree to a covenant on the property restricting it to one unit.
At 8:37, the order of the agenda went to item 4, consent calendar items removed for discussion.
The item was re-opened at 8:59 p.m.
City Attorney Jenkins referred to Mr. Kaplan’s proposal to place a covenant restricting development on the property to a single residence, which would be allowed by California law, and said the Council could continue the matter for 30 days to consider that possible solution since the final action of adopting a resolution had not been accomplished this evening.
Action: To re-open and continue the public hearing to the meeting of August 9, with a re-notice of the item, for Council review and consideration of a covenant to restrict the R-3 rezoning to a single-family residence.
Motion Edgerton, second Yoon. The motion passed, noting the dissenting vote of Keegan.
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MUNICIPAL MATTERS
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CITYWIDE SPEED SURVEY AND POSTED SPEED LIMITS. Memorandum from Public Works Director Richard Morgan dated July 6, 2005.
Director Morgan presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Ray Abassi – Traffic Engineer, responded to Council questions, said he did not have statistics about the number of traffic tickets challenged when speed limits were lower than studies indicated; emphasized that a posted speed limit is only for optimum conditions and that, depending on conditions, a posted speed limit could be unsafe; answered questions raised by the Council regarding various sections of streets for which speed limits had been recommended; and
Roger Creighton – Hermosa Beach, said the vehicle code provides for a “safe route to school” because the school zone may only extend a certain distance from the school and this concept must be taken into account.
Action : To leave all speed limits the same as they currently are except Ardmore from Gould Avenue to 21st Street where the traffic engineer recommended a change from 35 mph to 30 mph;
(2) To continue the item and direct staff to make findings for rejecting or accepting the traffic engineers recommendations; and
(3) Take into account the concept of a “safe route to school” in making the findings.
Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.
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ALTERNATIVE ORDINANCE FOR THE CONSIDERATION BY THE VOTERS FOR CONTROLLING IMPROVEMENTS ON THE GREENBELT AND ON THE BEACH. Memorandum from City Manager Stephen Burrell dated July 7, 2005. Supplemental fax from Gary Brutsch received July 12, 2005.
City Clerk Doerfling presented the staff report and responded to Council questions.
City Manager Burrell presented the staff report and responded to Council questions. Subcommittee members Mayor Reviczky and Councilmember Keegan presented a subcommittee report. City Attorney Jenkins, who also attended the subcommittee meeting along with the City Manager, discussed the proposed alternative ordinance and responded to Council questions.
Coming forward to address the Council on this issue were:
Roger Creighton – Hermosa Beach, said the initiative was not intended and cannot be used to usurp any of the City’s administrative policies but only to address the second bike path and additional parking on the greenbelt; and
Gary Brutsch – Hermosa Beach, agreed on the intent of the initiative; said although the City Attorney has expressed concern that ambiguity regarding repairing storm drains, rest rooms, etc. could be a problem, attorneys that he has talked to say those concerns are not an issue.
Proposed Action: : To place the alternative ordinance prepared by the City Attorney on the ballot.
Motion Yoon, second Keegan. The motion was withdrawn when the following was proposed as a substitute motion.
Action: To oppose the initiative rather than place a competing measure on the ballot.
Motion Tucker, second Tucker. The motion carried, noting the dissenting vote of Mayor Reviczky.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD – MS. JANICE WEBB OF CITIBANK. Memorandum from City Manager Stephen Burrell dated July 6, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Action :To accept the re-nomination of Ms. Janice Webb of Citibank to be re-appointed to serve on the South Bay Workforce Investment Board as the representative of the Hermosa Beach private sector for a 4-year term from July 1, 2005 through June 30, 2009, as recommended by staff.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
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PARKING CASH KEY PROGRAM – RESIDENTIAL DISCOUNT. Memorandum from City Manager Stephen Burrell dated July 7, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Action :To approve a 15% percent cash key discount for residents, with a review in six months.
Motion Tucker, second Keegan. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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BOARDS AND COMMISSIONS – APPOINTMENT TO PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated July 6, 2005.
Action :To appoint Christine Hollander to a four-year term ending June 30, 2009.
Motion Keegan, second Mayor Reviczky. The motion carried.
Further Action: :To appoint Stephen Cannella to a four-year term ending June 30, 2009.
Motion Yoon, second Edgerton. The motion carried.
Further Action: To appoint Bill Sigler to a four-year term ending June 30, 2009.
Motion Edgerton, second Tucker. The motion carried.
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OTHER MATTERS - CITY COUNCIL
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Request from Mayor Pro Tempore Tucker to set a policy to require anyone building a basement to sign and record a waiver acknowledging the potential of flooding of the area. Memorandum from City Manager Stephen Burrell dated July 7, 2005.
Mayor Pro Tempore Tucker spoke to his request, stating that a waiver is currently required for condominiums but not for single-family residences.
City Manager Burrell responded to Council questions.
Action: To direct staff to bring back an amendment with the appropriate language to make this part of the building permit process for all development, not just part of the discretionary permit process.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
Councilmember Edgerton requested that the meeting be adjourned in memory of Tamara Marchant, a Hermosa Beach resident who passed away June 27 due to a brain tumor. He said she leaves behind her husband and three children, and expressed condolences to her family.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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APPROVAL OF MINUTES:
a. Closed Session meeting held on June 14, 2005; and
b. Closed Session meeting held on June 28, 2005.
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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
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PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: CITY MANAGER
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 12, 2005, at the hour of 10:35 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, July 12, 2005, at the hour of 10:45 p.m. At the hour of 10:58 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 memory of Tamara Marchant on Tuesday, July 12, 2005, at the hour of 10:59 p.m. to the Regular Meeting of July 26, 2005, at 7:10 p.m.
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