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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, July 26, 2005, at the hour of 7:13 p.m.
PLEDGE OF ALLEGIANCE
Carla Merriman
ROLL CALL
Present: Keegan, Tucker, Yoon, Mayor Reviczky
Absent: Edgerton arrived at 8:15 p.m., during item 5(b).
ANNOUNCEMENTS
Mayor Pro Tempore Tucker said that the Relay for Life, a 24-hour event over the past weekend, had been a moving and successful fundraiser for cancer research; thanked Von’s for donating $30,000. He then said that the AVP volleyball tournament had been a great event, and referred to an article in the Daily Breeze regarding median home prices, which stated that the value of homes in Hermosa Beach had increased 42.8% in the last year.
Mayor Reviczky asked that the meeting be adjourned in memory of John Snyder, a long-time Hermosa Beach resident and member of the Sister Cities Association, and Merle Fish, a long-time Hermosa Beach resident, Kiwanian, and former member of the Parks, Recreation,
CLOSED SESSION REPORT FOR MEETING OF JULY 12, 2005: No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
There were no oral or written communications.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(k) and (l) Tucker.
Motion Yoon, second Tucker. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 28, 2005.
Action: To approve the minutes of the Regular Meeting of June 28, 2005 as presented.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 40876 THROUGH 41005 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 40508 AND 40945, 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 RECEIVE AND FILE THE JUNE 2005 FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the June 2005 financial reports as presented.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated July 13, 2005.
Action:
To receive and file the status report of capital improvement projects that are either under design or construction as of June 30, 2005.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JUNE 15, 2005.
Action : To receive and file the action minutes of the Public Works Commission meeting of June 15, 2005.
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RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated July 19, 2005.
Action :
To receive and file report of Customer Service Surveys/Complaints.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 5, 2005.
Action : To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 5, 2005.
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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 July 20, 2005.
Claimant: S.E. Pipeline Construction Company
Date of Loss: 03-01-05
Date Filed: 07-12-05
Allegation: Personal injury to third party
Action: To deny the above claim and refer it to the City’s Liability Claims Administrator, as recommended by staff.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 2005.
Action : To receive and file the action minutes of the Planning Commission meeting of July 19, 2005
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RECOMMENDATION TO AUTHORIZE THE PURCHASE OF FOUR (4) NEW BLACK AND WHITE PATROL CARS FROM WONDRIES FLEET GROUP OF ALHAMBRA, CALIFORNIA IN THE AMOUNT OF $97,421.04 (INCLUDES ALL TAXES). Memorandum from Police Chief Michael Lavin dated July 21, 2005.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
Police Chief Lavin responded to Council questions.
Action : To authorize the purchase of four (4) new black and white patrol cars from Wondries Fleet Group of Alhambra, California in the amount of $97,421.04 (includes all taxes).
Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO APPROVE CHANGE ORDER NO. 2, INCREASING THE CONTRACT AMOUNT FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES WITH HARRIS & ASSOCIATES BY $70,000 TO COVER THE EXTENDED DURATION NEEDED TO COMPLETE PROJECT NO. 00-630 PIER RENOVATION – PHASE III. Memorandum from Public Works Director Richard Morgan dated July 19, 2005.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting.
City Manager Burrell and Public Works Director Morgan responded to Council questions.
Action : To approve staff recommendation to approve Change Order No. 2 increasing the contract amount for construction management/inspection services with Harris & Associates by $70,000 to cover the extended duration needed to complete Project No. 00-630 Pier Renovation – Phase III.
Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton.
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RECOMMENDATION TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE IMPROVEMENTS TO THE SEWAGE LIFT STATIONS AT 35TH STREET AND THE STRAND, AND INGLESIDE DRIVE AND 33RD PLACE AND AUTHORIZE STAFF TO SOLE SOURCE A “GORMAN RUPP” PRE-PACKAGED SUBMERSIBLE PUMP SYSTEM THROUGH CALIFORNIA ENVIRONMENTAL CONTROLS, INC. Memorandum from Public Works Director Richard Morgan dated July 20, 2005.
Action: To approve staff recommendation to:
(1) Authorize staff to advertise for bids for the improvements to the Sewage Lift Stations at 35th Street and The Strand, and Ingleside Drive and 33rd Place; and
(2) Authorize staff to sole source a “Gorman Rupp” pre-packaged submersible pump system through California Environmental Controls, Inc.
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CONSENT ORDINANCES
None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(k) 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.
At 7:25 p.m., the order of the agenda was suspended to go to item 6(a).
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PUBLIC HEARINGS
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APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, TWO-FAMILY RESIDENTIAL, TO ALLOW THE DEVELOPMENT OF UP TO TWO RESIDENTIAL UNITS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 722 1ST STREET. (Continued from meetings of May 24, 2005 and June 28, 2005) Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005. A supplemental letter was received on July 25 from the appellant requesting a continuance to August 9, 2005. A supplemental email was received July 26 from the appellant requesting continuance to September 27, 2005.
City Manager Burrell responded to Council questions.
The public hearing opened at 7:31 p.m. No one came forward to speak.
Action: To continue the public hearing to the meeting of September 27, with the costs for re-noticing and re-mailing to be borne by the appellant.
Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton.
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REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECISION ON JUNE 21, 2005, TO APPROVE A CONDITIONAL USE PERMIT TO ALTER THE FLOOR PLAN TO ALLOW A DANCE FLOOR FOR AN EXISTING RESTAURANT WITH ON SALE ALCOHOL AT 53 PIER AVENUE, FAT FACE FENNER’S FISHACK. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005.
City Manager Burrell responded to Council questions.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
The public hearing opened at 7:53 p.m. Coming forward to address the Council on this item were:
Gary Vincent – President of Fat Face Food Unlimited, doing business as Fat Face Fenner’s Fishack, said there was no violation of his conditional use permit on record, there had been no complaints since he received letter in 2001 from Police Chief Lavin regarding noise, and it was an oversight on his part to not perform an acoustical study when his original CUP was issued, noting that he had been issued a certificate of occupancy; said despite public support at the hearing, the Planning Commission voted 3-2 to deny his request, due to concerns that his establishment would become more of a bar than a restaurant; discussed his new seating plan and wider access paths for egress and exit; urged the Council to grant to him the same right that many Pier Plaza establishments already have;
Curt Schmaltz – Redondo Beach, spoke in support, saying the restaurant was one of the finest in town with excellent food and a wholesome family atmosphere; said there had been dancing there for a few years, and approving the request for a dance floor was a cleanup measure; said the new seating arrangement was more efficient and safer;
Barbara Ellman – Hermosa Beach, said this is a true restaurant and piano bar with good food and dancing; said the new seating arrangement would make it easier for people to move around; said the business should be treated the same as others;
Mark Pompano – Manhattan Beach, said the restaurant had good food, friendly staff, and a wholesome environment, which was not the case with many Pier Plaza establishments; said making room for a higher occupancy would actually help alleviate the trouble sometimes caused while people are outside waiting in line on Pier Plaza; and
Steve Walsh – Redondo Beach, said he brings his family to this restaurant and entertains business associates there; said not all Pier Plaza businesses are as family-oriented.
At 8:13 p.m., Councilmember Edgerton arrived. City Attorney Jenkins advised him that he could not participate in the matter because he had not been present for the public testimony.
The public hearing closed at 8:14 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6409 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE ALTERATION OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL AND LIVE ENTERTAINMENT (TO CONVERT DINING AREA TO A DANCE FLOOR AND OTHER SEATING PLAN CHANGES) AT 53 PIER AVENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL BUILDING, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK 13 HERMOSA BEACH TRACT.”
Motion Tucker, second Yoon. The motion carried, noting the dissenting vote of Councilmember Keegan and the abstention of Councilmember Edgerton.
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ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF-CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:25 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:25 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 05-6410 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.”
Motion Keegan, second Tucker. The motion carried by a unanimous vote.
At 8:26 p.m., the order of the agenda went to item 6(b)
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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 20, 2005. A supplemental memo was received from Director Morgan on July 25
Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1252, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS,” as amended on page 3 to define the southernmost segment of Valley Drive as Eighth Street to Herondo Street (rather than to Second Street), and to move the notation of Pacific Coast Highway from line 7 up to line 6.
Motion Yoon, second Keegan. The motion carried by a unanimous vote.
At 7:30 p.m., the order of the agenda returned to the public hearings, starting with item 5(a).
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RESOLUTIONS TO PLACE MEASURE ON BALLOT FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2005, REQUEST CONSOLIDATION WITH THE COUNTY, SET PRIORITIES FOR ARGUMENTS, DIRECT PREPARATION OF IMPARTIAL ANALYSIS, AND PROVIDE FOR THE FILING OF REBUTTAL ARGUMENTS. Memorandum from City Clerk Elaine Doerfling dated July 19, 2005.
City Clerk Doerfling presented the staff report and responded to Council questions.
City Clerk Doerfling 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 issue were:
Sylvio Bill - Hermosa Beach, said that the measure should be passed and did not think it was unreasonable to put exceptions to what is permitted to a vote of the people; and
John Burt – Hermosa Beach, said the whole concept should be abandoned.
Action: : To approve the wording of the ballot measure question to read as follows: “Shall an ordinance be adopted adding the beach to the Restricted Open Space (O-S-1) zone and prohibiting any improvements in the O-S-1 zone except for landscaping, irrigation, erosion control, and replacement or repair of existing improvements within their existing footprint?”
Motion Edgerton, second Yoon. The motion carried, noting the dissenting of Mayor Reviczky.
Further Action: To approve the filing of written arguments by Council against the measure.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
Further Action: To authorize Councilmember Edgerton to write the argument against the measure, with all Councilmembers invited to sign.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
Final Action : To approve the staff recommendation to:
(1) Adopt Resolution No. 05-6411, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE CITY’S QUALIFIED ELECTORS OF A PROPOSED ORDINANCE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005, AS CALLED BY RESOLUTION NO. 05-6402.”
(2) Adopt Resolution No. 05-6412, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005, WITH THE UDEL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, FOR THE SUBMISSION TO THE VOTERS OF ONE MEASURE.”
(3) Adopt Resolution No. 05-6413, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2005, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS.”
(4) Adopt Resolution No. 05-6414, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2005.”
Motion Keegan, second Tucker. The motion carried by a unanimous vote.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
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MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None
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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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APPROVAL OF MINUTES:
a. Closed Session meeting held on June 14, 2005;
b. Closed Session meeting held on June 28, 2005; and
c. Closed Session meeting held on July 12, 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 26, 2005, at the hour of 8:48 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, July 26, 2005, at the hour of 8 55 p.m. At the hour of 9:15 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 John Snyder and Merle Fish, on Tuesday, July 26, 2005, at the hour of 9:16 p.m. to the Regular Meeting of August 9, 2005, at 7:10 p.m.
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