MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, January 24, 2006, at the hour of 7:11 p.m.

PLEDGE OF ALLEGIANCE

Laura Raymond

ROLL CALL

Present: Keegan, Reviczky, Mayor Tucker
Absent: Edgerton

ANNOUNCEMENTS

Mayor Tucker discussed the sewage leak in Manhattan Beach the previous week; noting that technology failed but all health measures were followed. He spoke of the success of the Household Hazardous Waste Roundup in Hermosa Beach the previous Saturday; encouraged the community to participate in these events; and reminded everyone that the Hyperion center in El Segundo was open every Saturday and Sunday from 9 a.m. to 3 p.m. and accepted household hazardous waste as well as e-waste such as televisions, computers, etc.

CLOSED SESSION REPORT FOR MEETING OF JANUARY 10, 2006:

No reportable actions.

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    James Blackman – Executive Director and founder of the Civic Light Opera of South Bay Cities and the Hermosa Beach Playhouse, said the 10th anniversary of the Hermosa Beach Playhouse would coincide with the 100th anniversary of the City of Hermosa Beach, and that he had contacted the City’s Centennial Committee to offer his organization as a resource for fundraising and other special events; described current and upcoming plays; said the City had recently been mentioned on the TV game show Jeopardy when one of the questions centered on the play Bingo, which was shown at the Hermosa Beach Playhouse;

    Marissa Castro-Salvati – Southern California Edison, introduced herself as the new Public Affairs Regional Manager of the South Bay Cities, replacing Scott Gobble, said she would be contacting each of the Councilmembers individually and would be meeting with City Manager Steve Burrell to discuss items pending in Hermosa Beach;

    Robert Webb – Hermosa Beach, said he wanted to speak about his disabled parking space as he knew the general subject of Disabled Parking Spaces was on the agenda for this evening’s meeting (City Manager Burrell provided Mr. Webb with a copy of the item’s staff report and told him he could comment on the item at this evening’s meeting or contact the City staff tomorrow to discuss his concerns regarding his specific disabled space);

    Christian Campesi – Leadership Hermosa, said they were currently recruiting for the yearlong 2006 program that develops and educates new leaders within the City, and invited the community to an Open House informational meeting on Thursday, February 2, at 6:00 p.m. in the Council chambers to meet alumni members and learn more about the Leadership Hermosa program.

  2. CONSENT CALENDAR:

    Action:To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Reviczky and (i) Tucker. Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 10, 2006.

      Action To approve as presented the minutes of the Regular Meeting of January 10, 2006. (Edgerton absent)

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 42760 THROUGH 42867, INCLUSIVE.

      ActionTo ratify the check register as presented. (Edgerton absent)

    3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

      ActionTo receive and file Tentative Future Agenda Items as presented. (Edgerton absent)

    4. RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2005 FINANCIAL REPORTS:

      1. Revenue and expenditure report;
      2. City Treasurer's report; and
      3. Investment report.

      ActionTo receive and file the December 2005 financial reports (Edgerton absent)

    5. RECOMMENDATION TO ACCEPT DONATION(S) OF $1,600 FROM FELICITY GRAY AND LISA GRAY SHELLBURG TO BE USED FOR A MEMORIAL BENCH FOR EARLE GRAY TO BE PLACED AT THE PIER. Memorandum from Finance Director Viki Copeland dated January 18, 2006.

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.

      ActionTo accept the donation of $1,600 from Felicity Gray and Lisa Gray Shellburg to be used for a memorial bench for Earle Gray to be placed at the pier.
      Motion Reviczky, second Mayor Tucker. The motion carried, noting the absence of Edgerton.

    6. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 3, 2006.

      Action To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 3, 2006. (Edgerton absent)

    7. RECOMMENDATION TO APPROVE A SIX-MONTH EXTENSION TO THE CONTRACT WITH HAZELRIGG RISK MANAGEMENT SERVICES FOR THIRD PARTY ADMINISTRATION OF WORKERS’ COMPENSATION CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 18, 2006.

      Action To approve a six-month extension to the contract with Hazelrigg Risk Management Services for Third Party Administration of Workers’ Compensation Claims, as recommended by staff. (Edgerton absent)

    8. RECOMMENDATION TO AUTHORIZE THE PURCHASE AND INSTALLATION OF FIRE APPARATUS HEADSET SYSTEMS FOR FOUR FIRE DEPARTMENT EMERGENCY APPARATUS FROM SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY. Memorandum from Fire Chief Russell Tingley dated January 17, 2006.

      Action To authorize the purchase and installation of fire apparatus headset systems for four fire department emergency apparatus from South Bay Regional Public Communications Authority, as recommended by staff. (Edgerton absent)

    9. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 18, 2006.

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

      Public Works Director Morgan responded to Councilmember questions.

      ActionTo receive and file the status report of capital improvement projects that are either under design or construction as of December 31, 2005.
      Motion Tucker, second Reviczky. The motion carried, noting the absence of Edgerton.

    10. 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 January 18, 2006.

      Claimant: William Druar
      Date of Loss: 9/5/05
      Date Filed: 1/11/06
      Allegation: Claimant alleges Hermosa Beach Police unlawfully ordered him to vacate property.

      Claimant: Dr. Ralph Villani
      Date of Loss: 7/12/05
      Date Filed: 1/11/06
      Allegation: Claimant alleges dangerous condition caused bicycle accident resulting in personal injury.

      Claimant: C. Lynn Curnutt
      Date of Loss: 12/27/05
      Date Filed: 1/3/06
      Allegation: Trip and fall.

      Action To deny the claims and refer them to the City’s Liability Claims Administrator. (Edgerton absent)

    11. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 17, 2006.

      Action To receive and file the action minutes of the Planning Commission meeting of January 17, 2006. (Edgerton absent)

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1261 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING TREES IN PUBLIC RIGHTS-OF-WAY AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption . Memorandum from City Clerk Elaine Doerfling dated January 12, 2006.

      Action: To waive full reading and adopt Ordinance No. 06-1261.
      Motion Reviczky, second Keegan. The motion carried by the following vote:

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

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e) and (i) 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 7:28 p.m., the order of the agenda was suspended to go to item 7(a).

  5. PUBLIC HEARINGS

    1. CONSIDERATION FOR APPROVAL OF 2006 COMMERCIAL SPECIAL EVENTS: EVP TOUR - PRO AM BEACH VOLLEYBALL TOURNAMENT - JUNE 17 HERMOSA BEACH TRIATHLON (MESP) - OCTOBER 15 WATERSHED EXPO 2006 - MARCH 25 GREAT AUTOS OF YESTERYEAR CAR SHOW - MAY 6 HERMOSA BEACH ART WALK - 5/11, 6/8, 7/13 AMATEUR ATHLETIC UNION (AAU) YOUTH VOLLEYBALL - JULY 8, 9, 16 SO CAL FOUNDATION BEACH VOLLEYBALL TOURNAMENT - JULY 29 FRIENDS OF THE PARKS - MOVIE IN THE PARK - AUGUST 26 VOLCOM SEA SLUGS YOUTH SURF CONTEST - DECEMBER 9 Memorandum from Community Resources Director Lisa Lynn dated January 17, 2006.

      Community Resources Director Lynn presented the staff report and responded to Council questions.

      The public hearing opened at 7:35 p.m. Coming forward to address the Council on this item were:

      Ross Balling – AVP, thanked the City for allowing them to use the beach for the sixth year; said they would try not to displace the residents for too many days;

      David Freeman – Endless Summer Classic Car Show, said the show was in its seventh year and had been sold out for the last two years; invited everyone to attend on May 7 at Pier Plaza;

      Carleen Beste – Friends of the Parks, said the second Movie in the Park, Wallace & Gromit: The Curse of the Were-Rabbit, about a wacky inventor and sidekick dog, would take place August 26; said because of the scientist/inventor themed movie, there would be representatives from the California Science Center and Mad Science to inspire children toward a career in science;

      Tom Campbell – Watershed Expo 2006, thanked City staff for helping them thorough the process; asked if banner fees were being waived as well (Community Resources Director Lynn said the Parks, Recreation and Community Resources Advisory Commission did not recommend waiving any direct costs to the City, including banner fees);

      Bill McDonald – Watershed Expo 2006, expressed appreciation for the opportunity and said the event was intended to raise consciousness about keeping debris off the beach;

      Sam Perrotti – Hermosa Beach Art Walk, thanked staff and the City Council for allowing the event the last three years; said the schedule had been modified to hold the events on the second Thursday of the month – May 11, June 8, July 13 – and invited the community to attend; and

      Michael Epstein – Triathlon, said the event was in its 15th year and had been sold out the last eight or nine years; thanked the City for allowing the event and said he was available to answer any questions.

      The public hearing closed at 7:41 p.m.

      Action: To approve the 2006 special events and waive only special event permit fees for the non-profit events, as recommended by the Parks, Recreation and Community Resources Advisory Commission and staff.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

    2. TEXT AMENDMENT REGARDING OUTDOOR DISPLAY OF RETAIL MERCHANDISE ON PIER PLAZA. Memorandum from Community Development Director Sol Blumenfeld dated January 16, 2006.

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      The public hearing opened at 7:54 p.m. Coming forward to address the Council on this item were:

      Patty Egerer – Hermosa Beach, urged the Council to be conservative regarding outside retail displays; said many CUP conditions were not being enforced and that CUP’s should be revoked if there was not compliance; said it was important to address the CUP issue before allowing encroachment permits for outdoor retail displays; expressed concern about the adequacy of a five-foot pedestrian walkway; said customers should enter the store if they were interested in doing business at a retail establishment; and

      Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau, said the Chamber Board of Directors and retailers and other business people were also concerned about a possible hodge-podge look on Pier Plaza from the outside display of merchandise; suggested that representatives from the Chamber and the business community meet with City Manager Burrell and Director Blumenfeld to consider the types of displays allowed and bring the information back to Council for review and input from the public since residents were interested in the appearance of the Plaza as well.

      The public hearing closed at 7:59 p.m.

      Action : To continue the item to Council meeting of March 14, 2006, with direction to staff to meet with the Chamber and the merchants on the issue.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

    3. 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. (Continued from meeting of November 22, 2005) Memorandum from Community Development Director Sol Blumenfeld dated January 18, 2006.

      City Manager Burrell said that the property owner had called him that day and asked for a continuance to February 28, 2006.

      The public hearing opened at 8:10 p.m. No one came forward to speak.

      Action : To continue the public hearing to the Council meeting of February 28, 2006, as requested by the property owner.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

    4. FISCAL YEAR 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS FOR AN ESTIMATED $89,494 FOR THE CONTINUING PROJECT TO RETROFIT THE COMMUNITY THEATER AND CENTER FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA); AND AN ESTIMATED $9,944 TO ADMINISTER THE CDBG PROGRAM IN ACCORDANCE WITH COUNTY AND FEDERAL REGULATIONS. Memorandum from Community Development Director Sol Blumenfeld dated January 12, 2006.

      Community Development Director Blumenfeld presented the staff report and responded to Council questions.

      The public hearing opened at 8:14 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:14 p.m.

      Action : To approve the staff recommendation to adopt Resolution No. 06-6441, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2006-2007.” Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton

    5. INTRODUCTION OF ORDINANCE AMENDING ORDINANCE NO. 05-1250 TO EXTEND THE WAIVER OF PERMIT FEES FOR THE INSTALLATION OF NEW GREASE CONTROL DEVICES IN FOOD SERVICE ESTABLISHMENTS. Memorandum from Community Development Director Sol Blumenfeld dated January 12, 2006.

      Community Development Director Blumenfeld presented the staff report, distributed additional information, and responded to Council questions. The public hearing opened at 8:24 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:24 p.m.

      Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1262, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 05-1250 TO EXTEND THE DEADLINES FOR THE INSTALLATION OF NEW GREASE CONTROL DEVICES IN FOOD SERVICE ESTABLISHMENTS AND THE WAIVER OF PERMIT FEES THEREFOR.” Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton.

  6. MUNICIPAL MATTERS

    1. PROPOSED BONNIE BRAE ASSESSMENT DISTRICT NO. 2006 1; ENGINEER’S REPORT APPROVAL; AND ADOPTION OF RESOLUTIONS ALLOWING THE PROPERTY OWNERS IN THE PROPOSED DISTRICT TO VOTE ON THE ASSESSMENTS. Memorandum from Public Works Director Richard Morgan dated January 17, 2006. Supplemental information, a revised Preliminary Engineer’s Report, was received on January 24, 2005, from David Taussig & Associates, Inc.

      Public Works 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 adopt the following resolutions:

      1. No. 06-6442, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENT TO FORM AN ASSESSMENT DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DSITRICT NO. 2006-1 (BONNIE BRAE).”
      2. No. 06-6443, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING REPORT AND FIXING TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 2006-1 (BONNIE BRAE).”

      Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton.

    2. DISABLED PARKING SPACES IN PUBLIC RIGHT-OF-WAY. Memorandum from Public Works Director Richard Morgan dated January 18, 2006. Supplemental information, Public Works Commission Minutes of September 28, 2005, was submitted by Director Morgan on January 24, 2006.

      Public Works Director Morgan presented the staff report and responded to Council questions.

      Action: : To adopt the “Guidelines for Requesting a Disabled Parking Space” prepared by the Public Works Commission.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. CYPRESS STREET NORTH OF 8TH STREET – AGENDIZED FOR PUBLIC WORKS COMMISSION MEETING, WEDNESDAY, FEBRUARY 15, 2006. Memorandum from City Manager Stephen Burrell dated January 18, 2006.

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

      Action : To receive and file the status report.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

      At 7:30 p.m., the order of the agenda returned to public hearing items 5 (a), (b), (c), (d), and (e).

  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. MINUTES: Approval of minutes of Closed Session meeting held on January 10, 2006.

    2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
      Government Code Section 54956.8

      Property: 4187-005-902
      Negotiating Parties: Stephen Burrell & Larry Daniels
      Under Negotiation: Price & Terms of Payment

    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, January 24, 2006, at the hour of 8:37 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, January 24, 2006, at the hour of 8:45 p.m. At the hour of 8:55 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, January 24, 2006, at the hour of 8:56 p.m. to the Regular Meeting of February 14, 2006, at 7:10 p.m.