MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, November 8, 2005, at the hour of 7:11 p.m.

PLEDGE OF ALLEGIANCE

Ryan Tucker

ROLL CALL

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

APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE:

Memorandum from City Clerk Elaine Doerfling dated October 31, 2005.

  1. Designate Mayor for a term ending September 12, 2006;

    Action : To designate Mayor Pro Tempore Pete Tucker as Mayor for a term ending September 12, 2006.
    Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.

  2. Designate Mayor Pro Tempore for a term ending September 12, 2006; and

    Action : To designate Councilmember Sam Edgerton as Mayor Pro Tempore for a term ending September 12, 2006.
    Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

  3. Intergovernmental agencies requiring appointment of Mayor as delegate.

    Action : To appoint Mayor Tucker to the Los Angeles County – City Selection Committee; to appoint Mayor Tucker to the South Bay Cities Sanitation District Board of Directors and Mayor Pro Tempore Edgerton as alternate director; and to continue selection of the remaining assignments to the Council meeting of November 22, 2005, when the newly elected Council members are seated.
    Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

PRESENTATION OF PLAQUE TO OUTGOING MAYOR

Mayor Tucker presented a plaque to outgoing Mayor Reviczky for his service as Mayor and thanked him for his leadership and help for the last two years since he was elected to the Council; said he appreciated all the work the former Mayor has done for the City; and hoped that this tradition would continue.

Councilman Yoon said it had been an honor and pleasure to serve with outgoing Mayor Reviczky, who he considered a role model; said he appreciated being able to work with him for the last four years on the Council and was happy to be able to participate in a meeting or two with newly appointed Mayor Tucker.

Councilmember Keegan said he appreciated all outgoing Mayor Reviczky’s work, especially his taking the lead in investigating the location of the Verizon boxes; said when you needed something done, you ask J.R. Reviczky.

Mayor Pro Tempore Edgerton concurred, saying that he was glad outgoing Mayor Reviczky was given the assignment to check the location of the Verizon boxes; said not all work on the Council was glamorous but J.R. got the work done and made the City a better place because of his efforts.

INCOMING COMMENTS BY MAYOR

Mayor Tucker invited everyone to his reception with entertainment by Polynesian dancers; thanked his fellow Councilmembers for their support in designating him Mayor; and said during his tenure as Mayor, he would continue to promote and improve the Hermosa Beach lifestyle. He thanked his family for their love and support, his sons Ryan and Eric, who helped him get involved in the City beginning with Little League participation; his brother Glenn, who provided legal advice; his sister Ann Jones and her family, who presented him with a gavel when he was elected to the Council which he would now use as Mayor. He said that he was interested in improving parking, streets and parks, providing a new public safety facility, along with upgraded sewers, and continuing the community events everyone has grown to love. He said he would work with the City Manager and other City staff to benefit residents and businesses and to make the City an even better place to live, with its excellent school system and City government and that he was looking forward to continue the Hermosa Beach lifestyle he enjoys. He concluded by inviting everyone to enjoy refreshments during the recess.

RECESS – The meeting recessed at 7:22 p.m.

RECONVENE – The meeting reconvened at 7:52 p.m.

ANNOUNCEMENTS

Because it was a statewide election night, Councilman Yoon said there was still eight minutes to vote for anyone who had not already done so and that nothing was more important.

Mayor Pro Tempore Edgerton reported on the Beach Cities Hurricane Relief Drive on October 22; said that mostly by word of mouth about 400 people came by over a five-hour period and contributed, noting a last minute change in request to provide much needed tools and household appliances, which were shipped off to the Salvation Army and a local church taking items directly to Louisiana. He explained that a teacher at Hermosa Valley School organized forty 7th and 8th graders to purchase and fill knapsacks with items that kids their same age would want and to include a request to become pen pals.

Councilmember Reviczky invited the community to attend the 11th Annual Candlelight Ceremony at the Veteran’s Memorial on Friday, November 11, at 6:30 p.m., noting that it was always a moving event.

Mayor Tucker announced the re-dedication of the Pier with the completion of the pier entrance, the newly cast in bronze Tim Kelly surfing statue dedicated to lifeguards, and the rare opportunity to tour the new lifeguard headquarters on November 19 at 11:30 a.m. He said that this ongoing project was the result of more than 12 years of work.

CLOSED SESSION REPORT FOR MEETING OF OCTOBER 25, 2005:

No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications and no one came forward to address the Council at this time.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (l) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Councilmember Reviczky and (k) Councilmember Keegan.
    Motion Yoon, second Reviczky. The motion carried by a unanimous vote.

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 25, 2005.

      Action To approve the minutes of the Regular Meeting of October 25, 2005, as presented.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41950 THROUGH 42157.

      ActionTo 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 ADOPT THE NEW GRADUATED FINE SCHEDULE APPROVED BY THE CITY COUNCIL AT THEIR REGULAR MEETING OF OCTOBER 25, 2005 FOR SECTION 22500(F) OF THE VEHICLE CODE AND ADOPT A RESOLUTION AMENDING THE BAIL SCHEDULE FOR CITY PARKING VIOLATIONS. Memorandum from Police Chief Michael Lavin dated November 1, 2005.

      Action To approve the staff recommendation to adopt Resolution No. 05-6432, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS TO INCLUDE A GRADUATED FINE SCHEDULE OF $30, $60 AND $90 FINES FOR CALIFORNIA VEHICLE CODE SECTION 22500(F).”

    5. RECOMMENDATION TO ACCEPT DONATIONS OF $25 FROM TAL-SAN MUSIC/CHARLIE OR SANDI SHOEMAKE TO BE USED FOR THE JAZZ MEMORIAL; $3,000 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE CENTENNIAL CELEBRATION; $150 FROM SOUTH BAY BMW/MINI TO BE USED FOR THE HALLOWEEN CARNIVAL; $150 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR THE HALLOWEEN CARNIVAL; AND $328.50 FROM ANONYMOUS TO BE USED FOR THE CENTENNIAL CELEBRATION. Memorandum from Finance Director Viki Copeland dated November 1, 2005.

      This item was removed from the consent calendar by Councilmember Reviczky in order to acknowledge and thank the donors.

      ActionTo approve the staff recommendation to accept the following donations:
      (1) $25.00 from Tal-San Music/Charlie or Sandi Shoemake to be used for the Jazz Memorial;
      (2) $3,000.00 from Hermosa Beach Chamber of Commerce to be used for the Centennial Celebration;
      (3) $ 150.00 from South Bay BMW/Mini to be used for the Halloween Carnival;
      (4) $ 150.00 from the Woman’s Club of Hermosa Beach to be used for the Halloween Carnival; and,
      (5) $ 328.50 from Anonymous to be used for the Centennial Celebration.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated October 31, 2005.

      Action To receive and file report of Customer Service Surveys/Complaints.

    7. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO J. C. CHANG AND ASSOCIATES, INC. TO DEVELOP A MASTER PLAN FOR THE PUBLIC WORKS MAINTENANCE YARD IN THE AMOUNT OF $26,370 AND PROVIDE ARCHITECTURAL/ENGINEERING DESIGN SERVICES FOR THE MECHANIC SHOP AND SIGN & PAINT SHOP (PHASE I OF THE MASTER PLAN) FOR CIP NO. 02-612 IN THE AMOUNT OF $39,240; AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT, UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $6,500. Memorandum from Public Works Director Richard Morgan dated October 24, 2005.

      ActionTo approve the staff recommendation to:
      (1) Award Professional Services Agreement to J. C. Chang and Associates, Inc. to develop a Master Plan for the Public Works Maintenance Yard in the amount of $26,370 and provide Architectural/Engineering Design Services for the Mechanic Shop and Sign & Paint Shop (Phase I of the Master Plan) for CIP No. 02-612 in the amount of $39,240;
      (2) Authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney; and
      (3) Authorize the Director of Public Works to make changes to the agreement up to $6,500.

    8. RECOMMENDATION TO AUTHORIZE PURCHASE OF A “GORMAN-RUPP, ABOVE-GROUND SUBMERSIBLE VALVE PACKAGE (ASVP)” SEWAGE LIFT STATION FROM CALIFORNIA ENVIRONMENTAL CONTROLS, INC. OF WHITTIER, CALIFORNIA, IN THE AMOUNT OF $60,500; AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PURCHASE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $6,000. Memorandum from Public Works Director Richard Morgan dated October 31, 2005.

      Action To approve the staff recommendation to:
      (1) Authorize purchase of a “Gorman-Rupp, Above-ground Submersible Valve Package (ASVP)” sewage lift station from California Environmental Controls, Inc. of Whittier, California, in the amount of $60,500;
      (2) Authorize the Public Works Director to execute and the City Clerk to attest the purchase contract subject to approval by the City Attorney; and,
      (3) Authorize the Director of Public Works to make minor changes as necessary within the contingency of $6,000.

    9. RECOMMENDATION TO ACCEPT THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AWARD OF $162,441; APPROPRIATE $162,441 IN THE GRANT FUND WITH CORRESPONDING ESTIMATED REVENUE IN THE SAME AMOUNT; AND, APPROPRIATE $8,549 FROM PROSPECTIVE EXPENDITURES AS THE CITY’S SHARE AND COMMITMENT TO PARTICIPATE IN THE PROGRAM. Memorandum from Fire Chief Russell Tingley dated November 3, 2005.

      ActionTo accept the Assistance to Firefighters Grant Program Award of $162,441; appropriate $162,441 in the grant fund with corresponding estimated revenue in the same amount; and, appropriate $8,549 from Prospective Expenditures as the City’s share and commitment to participate in the Program.

    10. RECOMMENDATION TO APPROVE $7,000 ALLOCATION OF CENTENNIAL CELEBRATION FUNDS TOWARDS WEBSITE DEVELOPMENT AND SPONSORSHIP PACKETS, WITH THE UNDERSTANDING THAT THE CENTENNIAL COMMITTEE WILL CONTINUE TO SEEK MONETARY SPONSORS. Memorandum from Community Resources Director Lisa Lynn dated November 1, 2005.

      Action To approve a $7,000 allocation of Centennial Celebration funds towards website development and sponsorship packets, with the understanding that the Centennial Committee will continue to seek monetary sponsors.

    11. RECOMMENDATION TO APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 1, 2005 THROUGH DECEMBER 31, 2005. Memorandum from Councilmember Edgerton and Councilmember Tucker dated November 3, 2005.

      This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.

      Action To approve the amendment to City Manager employment agreement effective January 1, 2005 through December 31, 2005.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote of Keegan.

    12. RECOMMENDATION TO APPROVE THE REVISED CLASS SPECIFICATION FOR SENIOR BUILDING INSPECTOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 3, 2005.

      Action To approve the revised class specification for Senior Building Inspector.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 05-1256 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 15.32 OF THE HERMOSA BEACH CODE 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.” For adoption. Memorandum from City Clerk Elaine Doerfling dated October 31, 2005.

      Action To waive full reading and adopt Ordinance No. 05-1256.
      Motion Reviczky, second Yoon. The motion carried by the following vote:

      AYES: Keegan, Edgerton, Reviczky, Yoon, Mayor Tucker
      NOES: None
      ABSENT: None
      ABSTAIN: None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e) and (k) 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. ADOPTION OF A RESOLUTION ESTABLISHING WAGES, HOURS AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE GENERAL AND SUPERVISORY EMPLOYEES’ ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 3, 2005.

      Personnel Director/Risk Manager Earl 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 issue was:

      William Davis – legal representative for the General and Supervisory Employees Association, Teamsters 911; concurred with staff’s chronology and they would also prefer a three-year agreement but had proposed a one-year agreement and eliminated the enhanced retirement program, which the employees had agreed to fund, in the hopes of breaking the log jam in negotiations; said the employees were disappointed and angry about the City’s final offer and hoped to revisit the employee-funded enhanced retirement at a later time, along with a PARS alternative, independent of PERS, funded by employee contributions and the possibility of the City providing a small contribution to deferred compensation to increase retirement benefits.

      Action: To continue the item and direct staff to continue negotiations for a three-year contract and to prepare a detailed report for Council review at the November 22 or December 13 meeting.
      Motion Edgerton, Mayor Tucker second. The motion carried, noting the dissenting votes of Keegan and Reviczky.

    2. ADOPTION OF A RESOLUTION ESTABLISHING WAGES, HOURS AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 3, 2005.

      Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions.

      Coming forward to address the Council on this issue was:

      David Twedell – representing the Firefighters Association, said he had been retained by the association to provide consulting services, noting that they would be willing to continue the negotiations; discussed details of the negotiations, including comparisons with benefits offered by El Segundo and Redondo Beach.

      Action : To continue this item and direct staff to continue negotiations and to provide details of the comparison with benefits offered by other cities for Council review at the November 22 or December 13 meeting.
      Motion Edgerton, second Reviczky. The motion carried, noting the abstention of Yoon.

    3. REQUEST FROM UNION CATTLE COMPANY TO TEMPORARILY PLACE A WEATHER TENT OVER THE OUTDOOR PATIO ON THE THIRD LEVEL. Memorandum from City Manager Stephen Burrell dated November 3, 2005. Supplemental email from Fred Huebscher received on November 8, 2005.

      City Manager Burrell presented the staff report and responded to Council questions. Community Development Director Blumenfeld and City Attorney Jenkins also responded to Council questions.

      Action : To grant the request for the placement of the tent for three months from December 1, 2005, through February 28, 2006.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated November 3, 2005.

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

      Action : To acknowledge the holiday parking program for all silver meters from Wednesday, November 23, 2005 through Sunday, December 25, 2005.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    None

  10. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

    1. APPROVAL OF MINUTES:

      1. Closed Session meeting held on October 11, 2005; and
      2. Closed Session meeting held on October 25, 2005;
    2. 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: Roberts, et al v. City of Hermosa Beach
      Case Number: 04-CV-03076

    3. 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

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 8, 2005, at the hour of 8:55 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, November 8, 2005, at the hour of 9:01 p.m. At the hour of 9:19 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, November 8, 2005, at the hour of 9:20 p.m. to the Regular Meeting of November 22, 2005, at 7:10 p.m.