MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, February 28, 2006, at the hour of 7:14 p.m.
PLEDGE OF ALLEGIANCE
Peter Hoffman
ROLL CALL
Present: Edgerton, Keegan, Reviczky, Mayor Tucker
Absent: None
ANNOUNCEMENTS
Mayor Tucker noted the recent Little League opening day ceremonies and the tremendous participation by about 20 teams; stating that it was good to see that Hermosa Beach was home to many families enjoying these types of activities. He also asked that the meeting be adjourned in memory of Jim Fucile, a very generous person who will be sorely missed
Mayor Pro Tempore Edgerton said that Jim, a Kiwanian, did great things in the City.
Councilmember Reviczky said that Jim was a good guy who always had a smile on his face.
PROCLAMATIONS
AMERICAN HEART MONTH
FEBRUARY 2006
Mayor Tucker declared February as American Heart Month and said that the proclamation would be mailed to the American Heart Association.
YOUTH ART MONTH
MARCH 2006
Mayor Tucker presented Jean Lombardo with a proclamation designating March as Youth Art Month.
Jean Lombardo, stating that Youth Art Month was being recognized throughout the country, thanked the Mayor and City Council for recognizing the importance of art in the lives of all students; announced that March was also Women’s History Month; provided the calendar of events for the Student Art Contest being sponsored by the Hermosa Beach Woman’s Club, noting that winners would be notified March 7, with the art on display at the Clark Building on March 8 and again at the City Council meeting on March 14, when the students would present their work; said that winners would go on to other Woman’s’ Club Federation competitions in April and May with the winning Hermosa Beach students’ art ultimately being displayed at the Hermosa Beach Art Walk on May 11.
PRESENTATIONS
PRESENTATION TO
RETIRING POLICE CHIEF MICHAEL LAVIN
Mayor Tucker read and presented the commendation for retiring Police Chief Lavin which outlined his progress moving up through the Police Department to attain the rank of Chief, along with a City tile plaque, a retired Police Chief badge, a commemorative plaque and paperweight from the South Bay Regional Public Communications Center, and a snow shovel for use at his new home in Utah.
Councilmember Reviczky thanked the Chief, stating that he exhibited much integrity and was a worthy police chief and human being.
Mayor Pro Tempore Edgerton said he hoped the Chief would enjoy living in Park City, Utah, said he would be missed and that he had performed a great job; said it was great that he was a “home grown” chief, moving up the ranks in Hermosa Beach, which was a great asset, and wished him Godspeed.
Councilmember Keegan thanked the Chief for his years of service to the community and for his integrity.
Police Chief Lavin thanked the Mayor and City Council for their kind words and gifts and expressed appreciation to previous Councils as well. He praised the Hermosa Beach Police officers, stating that much of what they did to protect the community went unnoticed, putting their lives in harm’s way. He thanked his staff, Captain Eckert and Lieutenants Bohlin and Jaakola and said that his boss Steve Burrell was a great City Manager who had been his mentor after his professional mentor, former Police Chief Val Straser, left. He also thanked his fellow department heads, a great team with whom he would miss working.
PRESENTATION BY
SOUTHERN CALIFORNIA EDISON
ON UNDERGROUND DISTRICTS
Tony Mathis, Head of Undergrounding Project Management for Southern California Edison presented a PowerPoint illustration of the process and costs of undergrounding districts and responded to Council questions.
Coming forward to address the Council on this issue were:
Roger Bacon – Hermosa Beach, a commercial property owner in the Bonnie Brae Undergrounding District, said that his assessment would be $278,000, which his tenants could not afford; asked why Edison’s bids could not be made public, and they were the only ones allowed to prepare the engineering reports; said that the average cost for homeowners in this district was $33,000, which would double if paid over 20 years; said the majority of the property owners in the district did not want this because it was too expensive; said it was not their fault that the cost had increased dramatically during the delay since the district was first established;
Jim Lissner – Hermosa Beach, said he did not live in the district but had some questions; asked why the Beach Drive project was funded by Edison except for the connection from the property line to the house; said the City should subsidize undergrounding projects for the portions which benefited the general public because the City had $20 million in the bank and had bought the property next to City Hall without the City Council’s involvement (Mayor Tucker clarified that the City Council had approved the purchase of the property adjacent to City Hall and that it had been a good investment for the City);
Beverly Morse – Manhattan Beach, read a letter from Hermosa Beach resident Susan Collector, who could not attend the meeting, stating that the cost was too much and asking the City Council to please listen to the residents of the district;
Becher Anderson – Hermosa Beach, said that he was not a party to any underground district but might be in the future; wondered how a property owner could cast a vote when the cost was a shifting target; said that Edison should be held to a time frame; said that maybe the property owners in the Bonnie Brae district should vote again to decide if they want to go forward; asked about Edison’s funding a project on Beach Drive from 2nd to 11th Streets (City Manager Burrell said that rate payers paid for this project, not Edison, setting aside about $140,000 per year to cover the cost as well as project on Pier Avenue and a portion of PCH from Herondo to Aviation. He also clarified that the Bonnie Brae district will be voting on March 14 to decide if the district will go forward);
Larry Hoskinson – Hermosa Beach, a residential property owner in the Bonnie Brae Undergrounding District, said the formation of the district began in 1999, and in 2000 property owners were told the cost would be about $7-11 thousand per property; said that the original district did not have any commercial properties and he did not understand why the map had changed; said it was a disappointment that people could no longer afford this project, and that he was sorry the City was out the engineering costs, but he did not believe the district should go forward; said he was assessed for undergrounding when he remodeled years ago;
Mordy Benjamin – Hermosa Beach, a residential property owner in the Bonnie Brae Undergrounding District, said he hoped there would be enough negative votes to defeat the project; said he appreciated the Council’s questioning of Edison tonight; asked why property owners had to pay for Edison’s learning to manage these projects; said that the property owners wanted undergrounding but not at the cost of some of their neighbors losing their homes because of the much increased cost; said perhaps they could consider it again in another year if costs went down; and
Steve Morse – Manhattan Beach, said Edison was quoting $150 per foot, but from experience in Manhattan Beach, it was more like $700 per foot; said they were fighting a legal battle in Manhattan Beach and that three neighbors had already sold their homes because they could not afford the undergrounding cost; said he was present at this meeting to support his Hermosa Beach neighbors.
The meeting recessed at 8:58 p.m.
The meeting reconvened at 9:18 p.m.
CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 14, 2006:
No reportable actions.
PUBLIC PARTICIPATION:
-
ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Jim Lissner – Hermosa Beach, asked that Consent Calendar item 2(e) be pulled for separate discussion.
Alan Stresser – described a battlefield situation in his neighborhood since the Pavilion had re-opened; cited problems with a lack of parking spaces and concern about emergency vehicle access, noting that he had made it his mission to call to force parking enforcement; said he was happy about the signal to be installed at PCH and 16th Street because it would make it safe for school children to cross PCH, but realized that it could make 16th Street a thoroughfare and, if that street were made one-way, the traffic would shift to his street; said the large, unattractive equipment placed on top of the building detracted from views; asked for guidance from the Council to solve these problems (Mayor Tucker said block parties might unify the neighborhood and provide solutions; City Manager Burrell said the Planning Commission was looking at parking issues and that the subject would probably be coming before the City Council in April.); and
Patty Egerer – Hermosa Beach, said there had been an avalanche of problems associated with the Pavilion; expressed disappointment with the roof equipment that damaged priceless views and property values; urged the City Council to work with the Planning Commission to solve this problem.
-
CONSENT CALENDAR:
Action:To approve the consent calendar recommendations (a) through (n) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2 (e)
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
-
RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 14, 2006.
Action To approve as presented the minutes of the Regular Meeting of February 14, 2006.
-
RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43041 THROUGH 43191, INCLUSIVE AND TO APPROVE THE CANCELLATION OF CHECK NOS. 43040 AND 43116, AS RECOMMENDED BY THE CITY TREASURER. 
ActionTo ratify the check register as presented.
-
RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.
ActionTo receive and file Tentative Future Agenda Items as presented.
-
RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2006 FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
-
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 18, 2006.
This item was removed from the consent calendar by Mayor Pro Tempore Edgerton, at the request of Jim Lissner, for separate discussion later in the meeting.
Public Works Director Morgan responded to Council questions.
Coming forward to address the Council on this issue was:
Jim Lissner – Hermosa Beach, said he had been told by Public Works Commissioner Jean Lombardo that an element to add a turning lane in the center of the street had been added to the re-striping project for upper Pier Avenue after the Commission had voted; said the money should be spent on Pacific Coast Highway to encourage shopping there, since upper Pier Avenue is doing fine (Mayor Tucker said the street was being striped to one lane in each direction to test how it worked. City Manager Burrell said the project would come before the Council next month, and that it would be funded by Prop C money).
Action To receive and file the action minutes of the Public Works Commission meeting of January 18, 2006.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
-
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 21, 2006.
ActionTo receive and file the Status Report of capital improvement projects that are either under design or construction as of January 31, 2006.
-
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 7, 2006.
ActionTo receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 7, 2006.
-
RECOMMENDATION TO APPROVE FINAL MAP #26664 FOR A TWO-UNIT CONDO AT 310 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated February 21, 2006.
ActionTo approve the staff recommendation to adopt Resolution No. 06-6448, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26664 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 310 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA.”
-
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 2006.
ActionTo receive and file the action minutes of the Planning Commission meeting of February 21, 2006.
-
RECOMMENDATION TO APPROVE THE PROPOSAL FROM ARTIST CAROLINE FALK TO IMPLEMENT A TEMPORARY PUBLIC ART DISPLAY OF “GATES” DESIGNED BY LOCAL YOUTH LOCATED ON THE GREENBELT. Memorandum from Community Resources Director Lisa Lynn dated February 21, 2006.
ActionTo approve the proposal from artist Caroline Falk to implement a temporary public art display of “gates” designed by local youth located on the greenbelt, as recommended by staff.
-
RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO J.C. CHANG & ASSOCIATES, INC. TO PROVIDE ARCHITECTURAL/ENGINEERING DESIGN SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR CIP NO. 99-631 BEACH RESTROOM REHABILITATION, IN THE AMOUNT OF $27,620; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $4,200. Memorandum from Public Works Director Richard Morgan dated February 21, 2006.
Action To approve the staff recommendation to:
(1) Award a Professional Services Agreement to J.C. Chang & Associates, Inc. to provide architectural/engineering design services to prepare plans and specifications for CIP No. 99-631 Beach Restroom Rehabilitation, in the amount of $27,620.00;
(2) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and
(3) Authorize the Director of Public Works to make changes to the agreement up to $4,200.
-
RECOMMENDATION TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO OBTAIN BIDS FROM QUALIFIED CONTRACTORS TO INSTALL THE (SOLE SOURCE) SURETREAT® TOTAL PERFORMANCE SYSTEM ON THE PIER CONCRETE DECK AND APPROVE THE TRANSFER OF FUNDS REQUIRED FOR THE PROJECT FROM THE REMAINING FUNDS AVAILABLE IN THE PIER RENOVATION, PHASE III PROJECT. Memorandum from Public Works Director Richard Morgan dated February 14, 2006.
Action To approve the staff recommendation to authorize the Public Works Director to obtain bids from qualified contractors to install the (sole source) Suretreat® Total Performance System on the pier concrete deck and approve the transfer of funds required for the project from the remaining funds available in the Pier Renovation, Phase III Project.
-
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 February 23, 2006.
Claimant: Donald Morgan
Date of Loss: 8/26/05
Date Filed: 2/21/06
Allegation: Claimant alleges false arrest.
ActionTo deny the claim and refer it to the City’s Liability Claims Administrator, as recommended by staff.
-
RECOMMENDATION TO APPROVE FINAL MAP #54429 FOR A SEVEN-UNIT CONDO AT 801, 803, 805, 807, 809, 811 AND 813 20th STREET (PREVIOUSLY KNOWN AS 2006, 2014 AND 2024 PACIFIC COAST HIGHWAY). Memorandum from Community Development Director Sol Blumenfeld dated February 22, 2006.
ActionTo approve the staff recommendation to adopt Resolution No. 06-6449, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP NO. 54429 FOR A SEVEN-UNIT CONDOMINIUM PROJECT LOCATED AT 801, 803, 805, 807, 809, 811 AND 813 20TH STREET (PREVIOUSLY KNOWN AS 2006, 201 AND 2024 PACIFIC COAST HIGHWAY), HERMOSA BEACH, CALIFORNIA.”
At 9:32 p.m., the order of the agenda was suspended to go to public hearing items 5 (a) and (b).
CONSENT ORDINANCES
-
ORDINANCE NO. 06-1263 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE PROCESSING OF APPLICATIONS FOR PROPERTIES NOT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption . Memorandum from City Clerk Elaine Doerfling dated February 21, 2006.
ActionTo waive full reading and adopt Ordinance No. 06-1263.
Motion Reviczky, second Edgerton. The motion carried by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(e) was heard at this time but is shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown under the appropriate item.
PUBLIC HEARINGS
-
PLANNING COMMISSION DENIAL, ON SEPTEMBER 20, 2005, OF CONDITIONAL USE PERMIT AMENDMENT FOR A RESTAURANT WITH ON-SALE ALCOHOL TO CHANGE THE CLOSING TIME FROM 12:00 MIDNIGHT TO 2:00 A.M. DAILY AT 73 PIER AVENUE, MEDITERRANEO RESTAURANT. (Continued from meeting of October 11, 2005 per applicant’s request). Letter from applicant dated February 21, 2006.
City Manager Burrell said it would be appropriate for the applicant to pay the cost of re-advertising the public hearing, noting that this was the third request for a continuance.
ActionTo continue the public hearing to June or July, as requested by the applicant, with the applicant bearing the cost of the required re-noticing, and to direct staff to advise the applicant that this would be the last continuance.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
-
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 meetings of November 22, 2005 and January 24, 2006) Memorandum from Community Development Director Sol Blumenfeld dated February 21, 2006. Supplemental letter from property owner Brian Carlucci received February 28, 2006.
Community Development Director Blumenfeld presented the staff report, responded to Council questions and passed around a large map indicating the zoning and use of nearby properties.
The public hearing opened at 9:50 p.m. Coming forward to address the Council on this item were:
Brian Carlucci – property owner, said he had submitted written material for Council consideration; said the re-zoning would be consistent with the City’s General Plan, described adjacent properties, many of which, including his parcel, had residential uses since 1950 and some since 1924; said he had talked to his neighbors and they did not want the density and increased traffic that would result from commercial use;
William Clark – attorney representing the property owner, said the Government code required the City’s zoning ordinance to be consistent with its General Plan and that he could provide cases if the Council was interested; said he believed this zone change would put the City in compliance with California law; and
Patty Egerer – Hermosa Beach, spoke in support of the re-zoning request; said the neighborhood did not need any additional traffic, did not need to be commercial.
The public hearing closed at 9:57 p.m.
ActionTo overturn the decision of the Planning Commission and allow the request for a zone change from C-3 (General Commercial) to R-1 (Single-Family Residential) for the property located at 1255 Prospect Avenue.
Motion Edgerton, second Mayor Tucker. The motion carried by a unanimous vote.
At 10:00 p.m., the order of the agenda returned to item 3(a)
MUNICIPAL MATTERS
None
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
None
OTHER MATTERS - CITY COUNCIL
None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
-
MINUTES: Approval of minutes of Closed Session meeting held on February 14, 2006.
-
LIABILITY CLAIMS
Government Code Section 54956.8
Claimant: Gary Brutsch and Tina Williams
Claim Against:
-
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, February 28, 2006, at the hour of 10:05 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, February 28, 2006, at the hour of 10:06 p.m. At the hour of 10:20 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 Jim Fucile, on Tuesday, February 28, 2006, at the hour of 10:21 p.m. to the Regular Meeting of March 14, 2006, at 7:10 p.m.
