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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, November 22, 2005, at the hour of 7:14 p.m.
PLEDGE OF ALLEGIANCE
George Barks
ROLL CALL
Present: Edgerton, Keegan, Reviczky, Yoon (left at 7:52 p.m.), Mayor Tucker
Absent: None
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:
Jim Lissner – Hermosa Beach, asked that consent calendar item 2(h), Planning Commission minutes, be removed for separate discussion.
Maureen Ferguson – representing the Centennial Committee, showed the winning Centennial seal, logo, and youth art entries, respectively, by graphic artist Chris Davis of Manhattan Beach, a collaboration by Hermosa Beach Public Works Director Rick Morgan and Thompson Media Company, and Hermosa Beach Fifth Grader Brienna Stone; explained that a panel of local judges tallied the scores and announced the winners to the newspapers the day before; said the next project will be building a website, producing merchandise, finding sponsors, and planning events.
Howard Fishman – (unofficially a successful City Council candidate pending the County’s certification of results now scheduled for November 28), read a prepared statement addressing the City Council, residents, and businesses; explained that his wife Kathy was recently diagnosed with a serious medical condition and he would be unable to serve his term once the election results were officially certified; thanked the people of Hermosa Beach for their support during his candidacy and said he appreciated the opportunity to serve this wonderful community; said a Councilmember must be prepared to give 100% and he could not make that commitment at this time, which was unacceptable to him and unfair to the community; said he trusted that the Council would make an informed decision as to how to fill this vacancy, either through a selection process or a special election and, should they decide to appoint someone, that the individual should have a personal track record of community involvement and experience because the community deserves the best possible; he then thanked everyone for the love and support given to his family during this difficult time.
Councilmember Yoon said there are things more important than being on the City Council and that his thoughts and prayers were with the Fishman family; said he expected that in the future, he would be sitting next to Kathy watching her husband be sworn in as a Councilmember.
Councilmember Reviczky said Howard and his family were in his prayers and that he would have enjoyed serving with Howard and was sorry he would not be on the Council at this time.
Councilmember Keegan said he was sorry that Howard would not serve on the Council and hoped he would run again; said the community would have benefited from Howard’s knowledge; extended his best wishes to the Fishman family.
Mayor Pro Tempore Edgerton said his heart went out to Kathy and his prayers were with the family, including son Aaron; said Howard made the best decision to be with his family, even though he would have enjoyed serving with him and it was a great loss to the community.
Mayor Tucker said he wanted the Fishman family to know that many people were praying for them; said he had looked forward to working with Howard on the Council and hoped Howard would run again; commended him on his decision to support his family; said if the City could ever do anything to help, to please let the Council know.
The meeting recessed at 7:26 p.m.
The meeting reconvened at 7:42 p.m.
ANNOUNCEMENTS
Councilmember Reviczky announced that the 13th Annual Beach Cities Toy Drive was beginning this week, with the wrapping party to take place December 17 at the gym, and that new toys could be brought to the Hermosa Beach or Manhattan Beach Fire Departments; said the toys would be distributed to needy, truly deserving children.
Mayor Tucker invited everyone to the Tree Lighting Ceremony at Pier Plaza on December 1 at 6:00 p.m.; said the Pier Dedication on November 19 was spectacular and he thanked everyone who donated to the new Tim Kelly Memorial statue.
Councilmember Yoon said that the County not certifying the election results caused an awkward ending to his Council term, which could not have been anticipated, but that he could not vote at tonight’s meeting and would be out of town for the next meeting; thanked the people of Hermosa Beach for the wonderful opportunity to serve the community and hoped he had been able to demonstrate his love for the city over the last four years; said it had been an honor and privilege to serve with this Council and the previous Council with former Councilmember Kathy Dunbabin.
Mayor Pro Tempore Edgerton said he understood Councilmember Yoon’s not running again because he wanted to attend graduate school; said everyone brought their own personality to the Council but shared a common goal in dedication to the City; said Councilmember Yoon brought a sense of civility to the meetings, as well as his good mind and sense of humor, which he would especially miss; presented Councilmember Yoon with a Hermosa Beach City Councilmember hat.
Councilmember Reviczky said there was no question that Councilmember Yoon cared about the community and that he always demonstrated respect for the job; said he wished he had run again, as he would be missed, but understood he had other plans and wished him the best; said Councilmember Yoon had left a legacy of Leadership Hermosa that would remain with the community for a long time.
Councilmember Keegan thanked Councilmember Yoon for serving on the Council and for running efficient meetings when he was Mayor; said he knew Mr. Yoon’s dedication to service was heartfelt and wished him good luck in future endeavors.
Mayor Tucker said it had been a pleasure to serve with Councilmember Yoon, who he said inspired many others to get involved in politics, particularly the City’s youth; said Mr. Yoon had been active in school issues, and re-energizing and bringing everyone together, and that he should be especially proud of Leadership Hermosa, noting that he (Mayor Tucker) had been in the first graduating class; presented Art with a commemorative plaque for his time served on the City Council.
Councilmember Yoon left the meeting at 7:52 p.m.
CLOSED SESSION REPORT FOR MEETING OF OCTOBER 25, 2005
No reportable actions.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (f) Mayor Tucker and (h) Councilmember Reviczky.
Motion Reviczky, second Edgerton. The motion carried, noting the absence of Yoon.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 8, 2005.
Action To approve as presented the minutes of the Regular Meeting of November 8, 2005. (Yoon absent)
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 42158 THROUGH 42296.
ActionTo ratify the check register as presented. (Yoon absent)
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RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. 
Action To receive and file Tentative Future Agenda Items as presented. (Yoon absent)
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RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2005 FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action To receive and file the October 2005 financial reports. (Yoon absent)
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RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO MBF CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 05 413 IN THE AMOUNT OF $59, 996; 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 $6,000. Memorandum from Public Works Director Richard Morgan dated November 10, 2005.
ActionTo approve the staff recommendation to:
(1) Award Professional Services Agreement to MBF Consulting, Inc. to provide design and engineering services for CIP No. 05 413 in the amount of $59, 996;
(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 $6,000. (Yoon absent)
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 1, 2005.
This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 1, 2005.
Motion Tucker, second Reviczky. The motion carried, noting the absence of Yoon.
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RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Personnel Director/Risk Manager Michael Earl dated November 17, 2005.
Claimant: Powers, Darryl
Date of Loss: 06-15-05
Date Filed: 10-25-05
Allegation: Defamation, libel, slander
Claimant: Mercury Insurance as Subrogee for David Morse
Date Filed: 11-15-05
Allegation: Property damage due to roadway condition
Claimant: Sesso, Cynthia
Date of Loss: 05-10-05
Date Filed: 11-03-05
Allegation: Personal injury
Claimant: Kohrogi, Acey E.
Date of Loss: 10-27-05
Date Filed: 11-08-05
Allegation: Property damage due to roadway condition
Action To deny the above-noted claims and refer them to the City’s Liability Claims Administrator. (Yoon absent)
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 15, 2005.
This item was removed from the consent calendar by Councilmember Reviczky (at the request of Jim Lissner) for separate discussion later in the meeting.
Coming forward to address the Council on this item was:
Jim Lissner – Hermosa Beach, said he opposed the Planning Commission’s granting of a full liquor license to Italy’s Little Kitchen because every restaurant with a beer and wine license will want full liquor; said there were problems on Pier Avenue requiring more police protection, and more resident complaints because of too many liquor licenses; praised the City of Santa Monica for its limit of liquor licenses on the Third Street Promenade; said less liquor licenses would result in more retail stores, a more acceptable type of business for the City.
Action To receive and file the action minutes of the Planning Commission meeting of November 15, 2005.
Motion Reviczky, second Keegan. The motion carried, noting the absence of Yoon.
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RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 17, 2005.
ActionTo receive and file the Status Report of capital improvement projects that are either under design or construction as of October 31, 2005. (Yoon absent)
At 7:53 p.m., the order of the agenda was suspended to go to public hearing items 5 (a), (b) and (c).
CONSENT ORDINANCES
None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(f) 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 8:47 p.m., the order of the agenda went to item 8(a).
PUBLIC HEARINGS
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TEXT AMENDMENT REGARDING NONCONFORMING BUILDINGS AND USES. (Continued from meeting of October 11, 2005 & October 25, 2005) Memorandum from Community Development Director Sol Blumenfeld dated November 15, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions.
The public hearing opened at 8:09 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:09 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1257, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE,” amended to include a six-month review and the following changes to the ordinance:
(1) Section 7, change subsection A.2.c. to read “Expansion shall conform to current codes.”
(2) Section 7, change subsection B.2.b. to read “Expansion shall conform to current codes.”
(3) Section 7, delete subsection B.2.c. and renumber subsequent sub-sections accordingly.
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Yoon.
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ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO FAMILY RESIDENTIAL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 494 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld.
After noting that his residence is located within 500 feet of the subject property, Councilmember Reviczky recused himself and left the dais and the room at 8:13 p.m.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 8:17 p.m.
Coming forward to address the Council on this issue was:
Betty Ryan – Hermosa Beach, commented on the history of various zoning surrounding this property.
The public hearing closed at 8:20 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05- 1258, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE LEGALLY DESCRIBED AS LOT 9 WALTER RANSOM CO’S VENABLE PLACE.”
Motion Keegan, second Edgerton. The motion carried, noting the absence of Reviczky and Yoon.
At 8:23 p.m., Councilmember Reviczky returned to the dais.
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REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECISION ON OCTOBER 18, 2005, TO DENY A ZONE CHANGE FROM C-3 (GENERAL COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) AT 1255 PROSPECT AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 15, 2005. Two supplemental communications were received November 17, 2005 from property owner Brian Carlucci, one providing arguments to support his project and the other to ask for a continuance. A supplemental email was received November 21 from Eugene Cheng stating his opposition to the project.
City Manager Burrell discussed the request for a continuance.
The public hearing opened at 8:24 p.m. No one came forward to address the Council on this item.
Action: To continue the hearing to January 24, 2006, as requested by the property owner.
Motion Keegan, second Edgerton. The motion carried, noting the absence of Yoon.
MUNICIPAL MATTERS
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ANNUAL REVIEW OF FIESTAS. Memorandum from City Manager Stephen Burrell dated November 9, 2005.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Carla Merriman – Executive Director of the Chamber of Commerce and Visitors’ Bureau, said there would be several large dumpsters for use by the restaurants during the Fiestas; said for greater efficiency, a new taxi staging area would be established on Pier Avenue near Monterey (rather than at either end of Hermosa Avenue); said Sunshine Artist had declared the Fiesta, now in its 34th year, the largest Arts and Craft Fair in Southern California; discussed the large number of people who visited and brought business to the City; said the Fiesta profits greatly benefited the City.
Patty Egerer – Hermosa Beach, said the Fiesta had grown too large; emphasized that Hermosa Beach is a small community and that there should not be an effort to bring in business from all parts of California and the nation; and
Michael Bell – Bell Event Services, said he found that working closely with Hermosa Beach Public Works Supervisor Mike Flaherty in running the Fiestas had resulted in successful events for all concerned.
Action: To receive the information concerning both Memorial Day and Labor Day and approve the events for 2006 with a request that the Chamber of Commerce submit a report showing the net revenue from the 2005 Fiestas.
Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon.
At 8:38 p.m., the order of the agenda went to item 4, removed consent calendar items.
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated November 16, 2005.
Action: It was the consensus of the Council to continue the item to the meeting of December 13, 2005.
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:
- Closed Session meeting held on October 11, 2005;
- Closed Session meeting held on October 25, 2005; and
- Closed Session meeting held on November 8, 2005.
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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)
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Name of Case: Roberts, et al v. City of Hermosa Beach
Case Number: 04-CV-03076
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Name of Case: Macpherson v. City of Hermosa Beach
Case Number: BC172546
Anticipated Litigation: Government Code Section 54956.9(b)
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Number of potential cases: 1
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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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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, November 22, 2005, at the hour of 8:48 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, November 22, 2005, at the hour of 8:58 p.m. At the hour of 9:28 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 22, 2005, at the hour of 9:29 p.m. to the Regular Meeting of December 13, 2005, at 7:10 p.m.
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