|
|
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, March 14, 2006, at the hour of 7:15 p.m.
PLEDGE OF ALLEGIANCE
Maureen Ferguson
ROLL CALL
Present: Edgerton, Keegan, Reviczky, Mayor Tucker
Absent: None
ANNOUNCEMENTS
Mayor Pro Tempore Edgerton announced the St. Patrick’s Parade on Saturday, March 18, at 11:00 a.m. and the festival following the parade and again on Sunday.
Councilmember Reviczky congratulated St. Cross by-the-Sea Episcopal Church on its 100th birthday. He then asked that the meeting be adjourned in memory of Charlotte Malone, a long-time Hermosa Beach resident and a wonderful lady who served as City Clerk and was active in the Friends of the Library, turning that organization into the driving force it is today.
Mayor Tucker announced that the Hermosa Beach School District was seeking candidates for appointment to fill a vacancy on its board.
PRESENTATIONS
Hermosa Beach Woman’s Club Student Art Contest Presentation
Jean Lombardo thanked Catherine Landis, who helped with the contest, and also the judges. She called forward each of the winning students with their artwork from Honorable Mention to First Place in each age group, along with Special Education and Best in Show winners. Mayor Tucker shook hands with the students and presented each with a City pin. Ms. Lombardo said that the students’ artwork would be displayed at the Hermosa Beach Art Walk in May.
CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 28, 2006:
No reportable actions.
PUBLIC PARTICIPATION:
-
ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Tracy Swerdfeger – Hermosa Beach, said Loma Drive was a very long street with no speed control measures and asked about the procedure to have speed humps installed; asked if the long lines at Pier Plaza establishments on the weekends could be formed at the back of the buildings to reduce congestion on the Plaza; said she had emailed the Recreation Department about an issue but did not receive a response (City Manager Burrell said he would provide her with the speed hump procedure and would check on the lack of response to her Recreation Department email. Mayor Tucker said Pier Plaza businesses were set up for front entrance and that it would take a major configuration to establish entrances at the rear of the buildings); and
Arnold Sax – Lennox, said the cab companies have not changed the stickers on their vehicles to conform to the taxicab rate increases approved in the City Council resolution adopted on January 10, 2006.
-
CONSENT CALENDAR:
Action:To approve the consent calendar recommendations (a) through (j) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(d) Reviczky.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
-
RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 28, 2006.
Action To approve as presented the minutes of the Regular Meeting of February 28, 2006.
-
RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43192 THROUGH 43343, INCLUSIVE. 
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 ACCEPT DONATIONS OF $10,000 FROM CIVIC ENTERTAINMENT GROUP, LLC TO BE DESIGNATED FOR THE 2006-07 SUNSET CONCERT SERIES; $250 FROM CHRISTINE HOLLANDER TO BE USED FOR THE r CELEBRATION; AND, $1,600 FROM CAROL FREY, MD, INC. TO BE USED FOR A MEMORIAL BENCH FOR JAMES FREY IN NOBLE PARK. Memorandum from Finance Director Viki Copeland dated March 6, 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 following donations to the City:
- $10,000 - from Civic Entertainment Group, LLC for the 2006-07 Sunset Concert series;
- $ 250 - from Christine Hollander for the Centennial Celebration; and
- $ 1,600 - from Carol Frey, MD, Inc. for a memorial bench for James Frey in Noble Park.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
-
RECOMMENDATION TO AUTHORIZE THE PURCHASE AND INSTALLATION OF SEVEN (7) MOBILE DATA COMPUTERS (MDCS) FOR THE FIRE DEPARTMENT FROM SOUTH BAY REGIONAL COMMUNICATIONS AUTHORITY IN THE AMOUNT OF $67,127.16. Memorandum from Fire Chief Russell Tingley dated March 7, 2006.
Action: To authorize the purchase and installation of seven (7) mobile data computers (MDCs) for the Fire Department from South Bay Regional Communications Authority in the amount of $67,127.16, as recommended by staff.
-
RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION AND SALARY RANGE FOR BUILDING AND PLANNING TECHNICIAN. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 7, 2006.
ActionTo approve the class specification and salary range for Building and Planning Technician, as recommended by staff and approved by the Civil Service Board.
-
RECOMMENDATION TO ADOPT A RESOLUTION SUPPORTING THE CONSTITUTIONAL AMENDMENT TO ENSURE THAT PROPOSITION 42 TRANSPORTATION FUNDS ARE SPENT ON TRANSPORTATION PROJECTS. Memorandum from City Manager Stephen Burrell dated March 1, 2006.
ActionTo approve the staff recommendation to adopt Resolution No. 06-6450, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN SUPPORT OF MEASURE TO SECURE LOCAL TRANSPORATION FUNDING.”
-
RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 8, 2006.
ActionTo approve the staff recommendation to adopt Resolution No. 06-6451, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT EMPLOYEES ASSOCIATION.”
-
RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PROFESSIONAL & ADMINISTRATIVE EMPLOYEES ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 8, 2006.
Action: To approve the staff recommendation to adopt Resolution No. 06-6452, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES ASSOCIATION.”
-
RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE SALARIES FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 8, 2006.
ActionTo approve the staff recommendation to adopt Resolution No. 06-6453, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE SALARIES FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS.”
CONSENT ORDINANCES
None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(d) 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.
At 8:09 p.m., the order of the agenda went to item 6(a).
PUBLIC HEARINGS
-
HEAR AND CONSIDER PROTESTS AND OBJECTIONS TO THE PROPOSED ASSESSMENT DISTRICT NO. 2006-1 (BONNIE BRAE) AND THE REPORT, AND TO RECEIVE AND COUNT THE BALLOTS FOR AND AGAINST THE PROPOSED ASSESSMENT DISTRICT. Memorandum from Public Works Director Richard Morgan dated March 6, 2006. Supplemental email from Jim Stronach received March 9, 2006.
City Clerk Doerfling presented the affidavit of mailing the hearing notices, and summarized the one written protest received from John Chen objecting to the current estimated assessment cost as it was an increase of three to five times more than the original estimates of $7,000 to 12,000 for the project.
Steve Runk, Assessment Engineer from the consulting firm David Taussig and Associates, Inc., described the “area” method, which was believed to be the most equitable way of spreading benefits in the Bonnie Brae district as opposed to the “frontage” method used in some other undergrounding districts; explained adjustments and credits for unique situations within the district; said that the utility companies enlarged the original district to make it more practical for the electrical system;
City Manager Burrell provided background information on the project and responded to Council questions.
The public hearing opened at 7:38 p.m. Coming forward to address the Council on this item were:
Mordy Benjamin – Hermosa Beach, said he organized the opposition campaign and hoped to see the district fail because of the long time getting to this point and the significant increase in assessment costs; commended the City Council in standing up to Edison and hoped the Council would follow through on going to Sacramento with Manhattan Beach to try to get law changed for competitive bidding; said a lot of people were interested in undergrounding utilities but not at the cost of some people having to sell their homes;
Jim Stronach – Hermosa Beach, said he lived in the Bonnie Brae district and thought there were more important matters than undergrounding in the neighborhood, such as no sidewalks and gutters, and standing water when someone washes their car or waters their lawn; said he objected to paying $54,000 plus a connect fee for a total of about $60,000 for two wires coming into his home; thanked the City for meeting with Southern California Edison; said he hoped his neighbors would vote to oppose the district;
Neil Gretsky – said he resides outside of the Bonnie Brae district but owns a building within the district; asked why everyone automatically agreed that the assessment should be paid by the citizens, subsidizing the cost of operations of the utility companies; asked why there was no overall plan for undergrounding the entire city, which would probably be more cost efficient; urged a no vote on the district;
Roger Bacon – said he owned commercial property in the district; said Edison was not playing fair in increasing their costs so dramatically; agreed it was a good idea to have the City Council go to Sacramento to try to get an agreement so competitive bids can be obtained for the work; commended the Council for standing up to Edison;
Arnold Sax – Lennox – spoke about the franchise recently granted by the City to Verizon and the cost related to the undergrounding process; said the residents should not have to pay;
Debbie Loob – Hermosa Beach, said she lived in the district and thought there should be a citywide plan for undergrounding; said she was disappointed in the severe price increase and hoped the district could be reconsidered in the future; objected to the opportunities for property owners input in the procedure for undergrounding (City Manager Burrell explained that only protest votes were counted before the passage of Proposition 218 in the late 1990’s, and if there were not enough protest votes, the undergrounding district was formed); and
Jo Hilliard – Hermosa Beach, spoke in opposition to the district and said she appreciated the Council’s confronting Edison.
The public hearing closed at 7:55 p.m.
After one last call for ballots, the item was suspended at 7:55 p.m. to allow for the tabulation of ballots in another room, where interested parties were invited to watch while the ballots were counted by the consultant assessment engineers and staff members from the Public Works Department and the City Clerk’s Office. In the interim, the order of the agenda returned to Public Participation, the Consent Calendar items and Municipal Matter item 6(a).
(At 8:28 p.m., the counted ballots and results were handed to the City Clerk.)
At 8:53 p.m., the item was resumed and City Clerk Doerfling announced the results of the ballot count, noting the number of votes in favor of and opposed to the assessment district and the weighted percentages of those votes, as shown below.
183 total number of ballots received
| VOTED IN FAVOR: | 31 ballots | 16.04% weighted | $1,007,410.58 |
VOTED AGAINST: | 151 ballots | 82.96 % weighted | $5,274.080.81 |
The assessment district failed since the ballots submitted in opposition to the assessment far exceeded the ballots submitted in favor of the assessment (weighted percentage). Because the district failed, no action was taken or required by the Council.
City Manager Burrell said everyone would be notified in pending districts that the process is being put on hold until possible changes resulting from City Council contact with the PUC in Sacramento.
The meeting recessed at 8:59 p.m.
The meeting reconvened at 9:17 p.m., with item 6(b).
MUNICIPAL MATTERS
-
CENTENNIAL CELEBRATION – APPROVAL OF OUTLINE OF EVENTS AND THE SEVERAL FUNDRAISING ACTIVITIES. Memorandum from City Manager Stephen Burrell dated March 9, 2006. Supplemental e-mails from Art Yoon and Christine Hollander received on March 14, 2006.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this item were:
Maureen Ferguson – representing the Centennial Committee; said they were eager to move forward with key events and fundraisers; said they had looked at other cities for ideas; said their goal for sponsorship funding was $200,000; urged the Council’s approval of the Parks & Recreation Commission’s recommendations;
Michael DiVirgilio – Chairman of the 100 Acts of Beautification Committee, an idea from the Centennial Committee, said the group will provide a number of beautification projects and improvements across the City to highlight the Centennial;
Janice Brittain – a Centennial Committee member, said there were many community members donating their time in planning the Centennial celebration; urged the Council to support the proposed plans;
Rick Koenig – Hermosa Beach Historical Society, commended Maureen Ferguson and Laura Raymond for their work; said the committee started 14 months ago with a small group and had grown to a group of about 40 members; was opposed to a second time capsule; and
Chris Miller – said she was a committee member and 43-year resident who grew up in Hermosa Beach and had a family business in the City; said there were many people who no longer live here but still love Hermosa Beach; spoke of the fun of sharing a nine-month celebration.
Action: To approve the staff recommendation, as amended, to:
- Approve the calendar of events and fundraisers recommended by the Parks, Recreation and Community Resources Advisory Commission at its March 7, 2006 meeting;
- Direct staff to immediately launch the several fundraising efforts including sale of bricks, sponsorship packet, birthday time capsule, and coordination of a possible golf tournament;
- Direct staff to secure proposals for fireworks and entertainment; and
- Direct staff to provide an update on Centennial activities each month on the agenda with the Centennial Committee coming directly to the City Council as needed.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
City Manager Burrell said he would report back at future Council meetings on details of the three major events and their costs as they became available.
-
RESOLUTION OF IMPASSE REGARDING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated March 7, 2006.
Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
David Twedell – representing the Firefighters Association, said negotiations on this contract had been difficult from day one and the association did not understand why the Police Department received a 6% increase yet the Fire Department was offered only 4%; said in a previous contract the Police Department took an increased retirement benefit in lieu of a pay increase and then, for this past contract, provided a survey from surrounding cities showing that their pay was less than the average;
Aaron Marks – President of the Firefighters Association, thanked fellow union members and families for their support because they chose to take the right action rather than concerning themselves with just an increase in pay; said the discontent had little to do with a raise in income but more with how negotiations had been handled; said the Police Department provided the average pay of the South Bay cities and received a 6% increase, but when the Fire Department provided the same type of survey of South Bay cities showing that Hermosa Beach was 12-14% behind the average, they were offered only 4%; said the Firefighters Association had handed down a “no-confidence” vote on the chief and asked the City to address issues of an unsafe facility and an unsafe lack of staffing, and asked for the tools needed to provide quality service for the City they are proud to protect.
City Manager Burrell, Personnel/Risk Manager Earl, and City Attorney Jenkins asked for a brief recess to confer.
The meeting recessed at 9:50 p.m.
The meeting reconvened at 10:00 p.m.
Personnel/Risk Manager Earl reiterated the available choices and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.
Dave Twedell – said the law was clear that when an impasse is reached, the City’s last, best, final offer was the basis for a one-year contract; said Exhibit B was the last, best, final offer and could be for one year rather than three years; said the Council can choose another alternative and use the rate in Exhibit B with a different contract length.
Action: To adopt Resolution No. 06-6454, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION,” amended to have an effective term of November 1, 2005 through June 30, 2006, and to provide a total compensation package equaling 5%, with a salary increase of 4.25% effective November 1, 2005, as detailed in the revised Exhibit A.
Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Keegan.
-
REVIEW OF DOWNTOWN RETAIL MERCHANDISE DISPLAY STANDARDS RELATING TO TEXT AMENDMENT TO PERMIT DISPLAY OF RETAIL MERCHANDISE ON PIER PLAZA. Memorandum from Community Development Director Sol Blumenfeld dated March 8, 2006.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To continue the item and direct staff to report back on the following:
- Would the kiosks be moveable? If so, would they be put away in the stores every evening?
- Would the kiosks be permanently set up outside? If so, where would they be installed and how would they be secured when the store is closed to prevent vandalism?
- Additional examples of kiosks.
City Manager Burrell said the item would be brought back in a couple of months, and that a staff report would be dropped off at all businesses on Pier Plaza.
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
-
RESOLUTION SUPPORTING AB2015 (LIEU) WHICH ENHANCES MUNICIPAL REPRESENTATION ON THE SOUTHERN CALIFORNIA AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS. Memorandum from City Manager Stephen Burrell dated March 9, 2006.
City Manager Burrell presented the staff report and responded to Council questions.
Action : To approve the staff recommendation to adopt Resolution No. 06-6455, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING AB 2015 (LIEU) WHICH ENHANCES MUNICIPAL REPRESENTATION ON THE SCAQMD BOARD OF DIRECTORS.”
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
-
REQUEST TO USE LOT B FOR A FUNDRAISING EVENT AT GALLERY C FOR HABITAT FOR HUMANITY – THURSDAY, MARCH 30, 2006 AT 7:00 P.M. Memorandum from City Manager Stephen Burrell dated March 9, 2006.
City Manager Burrell presented the staff report and responded to Council questions.
Proposed Action: To approve the request for the use of Lot B for this fundraising event, as recommended by staff.
Motion Keegan, second Mayor Tucker. The motion was replaced by the following substitute motion.
Action: To allow the use of Lot B for this fundraising event, as requested, but to charge a fee equivalent to the parking fees that would otherwise be lost during the event, 44 spaces for four hours.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
OTHER MATTERS - CITY COUNCIL
-
Request from Mayor Pro Tem Edgerton that the City’s Zoning Code be amended to allow residential use in the M-1 Zone. This would provide a live/work opportunity for the building owners only (no condominium splits) in this zone.
Mayor Pro Tempore Edgerton spoke to his request.
City Manager Burrell responded to Council questions.
ActionTo agendize the item for a future meeting.
Motion Reviczky, second Edgerton. The motion carried.
-
Request from Mayor Pro Tem Edgerton that the C-1 Zone be amended to allow apartments developed with mixed use in conjunction with one owner commercial use on the same parcel. Further, to delete the mixed use condominium development potential with multiple owners. This will help out traditional limited commercial uses remain viable and eliminate the pressure to these historic uses to condominium development.
Mayor Pro Tempore Edgerton spoke to his request.
City Attorney Jenkins and Community Development Director Blumenfeld responded to Council questions.
ActionTo agendize the item for a future meeting.
Motion Edgerton, second Tucker. The motion carried.
-
Request from Councilmember Reviczky to take a position opposing the use of transportation funds to build the Red Line subway down the Wilshire corridor, as recommended by Michael D. Antonovich, Board of Supervisors.
Councilmember Reviczky spoke to his request.
City Manager Burrell responded to Council questions.
ActionTo direct staff to compose a letter of opposition for Mayor Tucker’s signature.
Motion Reviczky, second Keegan. The motion carried.
-
Request from Councilmember Keegan that the City's zoning code be amended to add a requirement that all new residential construction be required to install solar energy panel.
Councilmember Keegan spoke to his request.
City Manager Burrell responded to Council questions.
Proposed Action To agendize the item for a future agenda.
Motion Keegan. The motion died for lack of a second.
City Manager Burrell said that he had information from the Public Utilities Commission regarding solar energy panels and he would place copies on the public counters.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Charlotte Malone on Tuesday, March 14, 2006, at the hour of 10:44 p.m. to the Regular Meeting of March 28, 2006, at 7:10 p.m.
|