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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, October 11, 2005, at the hour of 7:13 p.m.
PLEDGE OF ALLEGIANCE
Betty Ryan
ROLL CALL
Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
Absent: None
ANNOUNCEMENTS
Councilmember Edgerton encouraged the community to donate clothing, blankets, and non-perishable food items to the Beach Cities Hurricane Relief Drive at the Clark Building on Saturday, October 22, with items being collected for families in affected Gulf areas and transported by a Salvation Army truck; said Valley School had been collecting funds and would be bringing 50 knapsacks filled with non-perishable items. He said he and City Manager Burrell had attended the League of California Cities conference in San Francisco, at which Governor Schwarzenegger spoke about November’s Ballot Measure 76 – a “live within your means” act to balance the California budget supported by the League.
Councilman Yoon announced two upcoming political forums for Council candidates and the City measure to be voted on at the November 8 election: one at the Clark Building on Wednesday, October 12, at 12:30 p.m., sponsored by the Hermosa Beach Woman’s Club; and the other at Sangria Restaurant on Friday, October 14, at 11:00 a.m., sponsored by the Hermosa Beach Chamber of Commerce. He also announced the Chamber of Commerce Installation Luncheon on October 21 at the Comedy and Magic Club honoring Man and Woman of the Year Bob McEachen and Dorothy Yost. He then invited everyone to the Woman’s Club Annual Pancake Breakfast on Sunday, October 16, from 8 a.m. to noon at the Clark Building, and to the Pumpkins in the Park event on October 22 from 11 a.m. to 1 p.m. at the rededication of the newly renovated Fort Lots O’ Fun.
CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 27, 2005:
No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
a. Letter from Roger Creighton dated September 20, 2005.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
Motion Edgerton, second Yoon. The motion carried with no objection.
Coming forward to address the Council at this time was:
Betty Ryan – Hermosa Beach, described Envelope of Life, a program offered in Manhattan Beach for providing personal medical information for emergency purposes and asked for the support of the Council for the implementation of this program in Hermosa Beach.
Action: To direct staff to research possible funding sources, including Beach Cities Health District, and agendize the issue for the October 25 meeting.
Motion Yoon, second Tucker. The motion carried by a unanimous vote.
Betty Ryan – Hermosa Beach, spoke again with regard to the Woman’s Club Pancake Breakfast from 8 a.m. to Noon at the Clark Building on Sunday, October 16, with tickets at $8 each or two for $15 and children under 2 eating for free, featuring pancakes, scrambled eggs, sausage, fresh fruit, coffee and juice.
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CONSENT CALENDAR:
Action:To approve the consent calendar recommendations (a) through (h) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(g) Tucker, and (h) Mayor Reviczky.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 27, 2005.
Action To approve the minutes of the Regular Meeting of September 27, 2005.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41753 THROUGH 41891 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 39835 AND 41724, AS RECOMMENDED BY THE CITY TREASURER.
ActionTo ratify the check register as presented.
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RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. 
ActionTo receive and file Tentative Future Agenda Items as presented.
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RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY (ICLFA) JOINT POWERS AGREEMENT TO ALLOW CITIES OUTSIDE THE STATE OF CALIFORNIA TO BECOME MEMBERS OF ICLFA. Memorandum from Finance Director Viki Copeland dated September 28, 2005.
ActionTo approve the staff recommendation to adopt Resolution No. 05-6428, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO JOINT POWERS AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO.”
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RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 2006. Memorandum from City Manager Stephen Burrell dated October 4, 2005.
ActionTo approve the City Council meeting schedule for 2006.
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RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWENTY (20) SONY DIGITAL RECORDERS AND TWENTY (20) SONY MEMORY STICKS FOR THE TRAFFIC AND PATROL OFFICERS AT THE COST OF $5,618 TO BE PURCHASED FROM INTERNET COMPANY PC MALLGOV AND APPROPRIATE $5,618 FROM THE COPS FUND. Memorandum from Police Chief Michael Lavin dated October 3, 2005.
Action To authorize the purchase of twenty (20) Sony digital recorders and twenty (20) Sony memory sticks for the traffic and patrol officers at the cost of $5,618 to be purchased from internet company PC MallGov and appropriate $5,618 from the COPS Fund.
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RECOMMENDATION TO AUTHORIZE ISSUANCE OF PURCHASING DOCUMENTS IN THE AMOUNT OF $5,750 TO FLOOR COVERING UNLIMITED, INC. OF LOS ANGELES, CALIFORNIA FOR THE INSTALLATION OF VINYL FLOORING FOR THE COMMUNITY SERVICES BUILDING AT 1035 VALLEY DRIVE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN A CONTINGENCY OF $1,000. Memorandum from Public Works Director Richard Morgan dated October 4, 2005.
This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
ActionTo authorize issuance of the purchasing documents in the amount of $5,750 to Floor Covering Unlimited, Inc. of Los Angeles, California for the installation of vinyl flooring for the Community Services Building at 1035 Valley Drive, and authorize the Director of Public Works to make minor changes as necessary within a contingency of $1,000, with direction to staff to review the minutes and report back on what the Council authorized at the previous meetings with regard to the expenditure of funds for repairs of this building, which ultimately may be demolished.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
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RECOMMENDATION TO APPROVE DONATIONS OF $1,000 TO THE REDONDO UNION HIGH SCHOOL GRAD NIGHT COMMITTEE 2006 AND $1,000 TO THE MIRA COSTA HIGH SCHOOL G.R.A.D. BOOSTER CLUB FOR 2006. Memorandum from City Manager Stephen Burrell dated October 5, 2005.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to make the community aware that the City has long supported the concept of a safe, alcohol-free and drug-free graduation and is pleased to be continuing that support.
Action To approve the donations of $1,000 to the Redondo Union High School Grad Night Committee 2006 and $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2006.Motion Mayor Reviczky , second Tucker. The motion carried by a unanimous vote.
At 7:38 p.m., the order of the agenda was suspended to go to public hearing items 5 (a), (b) and (c).
CONSENT ORDINANCES
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ORDINANCE NO. 05-1255 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED SIGNS.” For adoption. Memorandum from City Clerk Elaine Doerfling dated October 3, 2005.
Action To waive full reading and adopt Ordinance No. 05-1255.
Motion Yoon, second Edgerton. The motion carried by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(g) and (h) 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 9:28, the order of the agenda went to item 9(a).
PUBLIC HEARINGS
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TEXT AMENDMENT REGARDING NONCONFORMING BUILDINGS AND USES. Memorandum from Community Development Director Sol Blumenfeld dated September 22, 2005. Supplemental chart provided by Director Blumenfeld on October 11, 2005.
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 8:19 p.m. Coming forward to address the Council on this item were:
Cathy McCurdy – Hermosa Beach, discussed her family’s initial plan to tear down and replace their 1935 house and their preference to renovate instead; said this ordinance would allow the addition of 500 square feet to make their home more livable; said their nonconforming garage, at 17’8” in depth, would easily accommodate two cars, and requested that garage depth be addressed in the ordinance; said she understood the concern about multi-family use, but urged Council to adopt this ordinance to help homeowners maintain their older homes;
Scott Promisel – Hermosa Beach, supported adoption of this ordinance to give owners of older homes an option other than tearing down their home or moving away; said he had a single-family resident on a R-2 lot with a small house in the back and would like to be able to add a 500-square-foot master bedroom to his home; and
Cindy Vix – Hermosa Beach property owner, said she had written a letter to the City explaining how adoption of this ordinance would benefit her family in rebuilding a small home they had owned for 75 years which had been destroyed by fire; said she was pleased that the Council was concerned about the preservation of older homes.
The public hearing closed at 8:33 p.m.
Action: To continue this item to the October 25 meeting and direct staff to bring back a revised ordinance based on the following Council comments:
(1) Limit development to not exceed 5,000 square feet per lot;
(2) Do not include basements constructed below grade in calculations;
(3) Require additional parking if more than two units;
(4) Reduce the minimum garage depth;
(5) Differentiate between the expansion of owner-occupied units versus rental units; and
(6) Require structural engineering report for the removal of nonconforming parts of the building.
Motion Keegan, second Tucker. The motion carried by a unanimous vote.
The meeting recessed at 8:48 p.m.
The meeting reconvened at 8:58 p.m., with item 5(b).
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ADOPTION OF THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE INCORPORATING LOCAL AMENDMENTS. Memorandum from Community Development Director Sol Blumenfeld dated October 3, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions
The public hearing opened at 9:00 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:00 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1256, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING, BY REFERENCE, THE “CALIFORNIA ELECTRICAL CODE,” 2004 EDITION AND THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES.”
Motion Tucker, second Keegan. The motion carried by a unanimous vote.
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REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT AMENDMENT REQUESTING A CHANGE OF CLOSING TIME FROM 12 MIDNIGHT TO 2:00 A.M. AT A RESTAURANT WITH ON SALE ALCOHOL AND LIVE ENTERTAINMENT AT 73 PIER AVENUE, MEDITERRANEO RESTAURANT. Memorandum from Community Development Director Sol Blumenfeld dated October 5, 2005. Supplemental email received October 11, 2005 from Fred Huebscher and supplemental letter received October 11, 2005 from the appellant’s attorney, Albro L. Lundy III, requesting a continuance to January 24, 2006.
The public hearing opened at 9:02 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:02 p.m.
Action To continue the item to February 28, 2006.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
MUNICIPAL MATTERS
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FRIENDS OF PARKS AND THE CITY OF HERMOSA BEACH PRESENT THIRD ANNUAL PUMPKINS IN THE PARK AND FORT LOTS O’ FUN PARK GRAND REOPENING. Memorandum from Community Resources Director Lisa Lynn dated October 5, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To receive and file the information memorandum.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
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ADOPTION OF A RESOLUTION PROVIDING FOR TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE. Memo from Brad Wohlenberg of the City Attorney’s Office and Personnel & Risk Management Director Michael Earl dated October 7, 2005.
At 9:10 p.m., Councilman Yoon recused himself and left the dais and the room due to a potential conflict of interest since his employer is a Cable Television provider.
City Attorney Jenkins explained that this item was posted on a supplemental agenda within 72 hours prior to the meeting and that this was a time-sensitive issue that needed a decision by the Council at this meeting.
Personnel & Risk Management Director Earl presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions.
Action : To deny the request for transfer, subject to negotiating with the new company for a long-term franchise agreement.
Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon.
At 9:20 p.m., the order of the agenda went to item 3(a) consent ordinances, with a full Council present.
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
OTHER MATTERS - CITY COUNCIL
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Request from Mayor Reviczky to direct staff to plan and schedule a Town Hall Meeting on the Disaster Preparedness Plan for our residents following completion of the new SEMS plan. Mayor Reviczky spoke to his request, indicating that he wanted the public to be aware of what the City could do and could not do in time of disaster.
Action: To direct staff to return with a plan to host a Town Hall Meeting for residents on the City’s Disaster Preparedness Plan, perhaps in November, following completion of the new SEMS plan, including local experts such as Beach Cities Health District, Area G Disaster Coordinator, etc., with the assistance of then former Councilman Yoon.
Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.
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 September 1, 2005;
b. Closed Session meeting held on September 13, 2005; and
c. Closed Session meeting held on September 27, 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
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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, October 11, 2005, at the hour of 9:32 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, October 11, 2005, at the hour of 9:40 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 Tuesday, October 11, 2005, at the hour of 10:11 p.m. to the Regular Meeting of October 25, 2005, at 7:10 p.m.
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