MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, April 11, 2006, at the hour of 7:12 p.m.

PLEDGE OF ALLEGIANCE

Peggy Barr

ROLL CALL

Present: Keegan, Reviczky, Mayor Tucker
Absent: Edgerton

ANNOUNCEMENTS

Councilmember Keegan noted that the traffic signal at 16th Street and Pacific Coast Highway had been installed and asked when it would be operational (City Manager Burrell said the signal would be activated in one week).

Mayor Tucker asked that the meeting be adjourned in memory of long-time resident Diana Martin, who had passed away that afternoon, noting that she had been very involved in the community, providing crossing guard services for Valley School and participating in the Beach Cities Holiday Toy Drive and the Sister Cities Association; sent his condolences to her family and said she would be greatly missed.

PRESENTATIONS

PRESENTATION BY LEADERSHIP HERMOSA

Alan Cheeks, Craig Cadwallader, and Alysa Brennen, described the project for the Leadership Hermosa Class of 2005 – cigarette butt stainless steel disposal units – and indicated on a City map the approximately 60 locations, mostly along Hermosa Avenue and Pier Avenue and other gathering areas, where they ultimately planned to install the units, noting that they were conducting fundraising efforts to relieve the City of the cost this litter-controlling asset and were actively seeking donations from anyone who would care to contribute.

CLOSED SESSION REPORT FOR MEETING OF APRIL 11, 2006.

City Attorney Jenkins announced that at 6:15 p.m. this evening, the Council convened a properly noticed Adjourned Regular meeting, at which there were no public comments, that the Council then conducted its scheduled closed session, at which no reportable action was taken, and adjourned the meeting at 6:45 p.m.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    William Davis – Legal Counsel for the Teamsters 911 Local Unit, said he understood that staff had briefed the City Council on the issues leading up to the tentative agreement reached in January 2006; said the members of this bargaining unit were satisfied with the contract until the resolutions adopted at the March 14 City Council meeting providing an additional 1% salary increase retroactive to November 1, 2005 to two other groups without further negotiations; said the Teamsters’ contract offered the original 3% increase plus the 1% earned in further negotiations retroactive only to November 1 and they felt they were being penalized and other groups were benefiting by their prolonged negotiation; asked the Council to consider granting the original 3% retroactive to July 1, 2005, along with the 1% retroactive November 1 like the other groups; and

    Dianne Loughin – Police Department Court Liaison, said in neighboring cities, a person holding a similar job to hers earned $10,000 more per year and others under the Teamsters’ contract had similar situations; said in past difficult times, cutbacks, restructuring, and creative management moves had changed jobs and required many employees to take on additional responsibility with no additional pay; said unfair but arguably necessary circumstances that contributed to inequity were not adjusted when the conditions improved; said other employee groups had their contracts re-opened with more benefits and retroactivity with no further negotiation or explanation; said their group was told they were being offered the best contract the City Council was able to provide but now felt like the stepchild; said the expectation was to be treated equally.

    City Manager Burrell responded to Council questions.

  2. CONSENT CALENDAR:

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

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 28, 2006.

      Action To approve as presented the minutes of the Regular Meeting of March 28, 2006. (Edgerton absent)

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43481 THROUGH 43607, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 43142 AND 43436, AS RECOMMENDED BY THE CITY TREASURER.

      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 REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated April 3, 2006.

      ActionTo receive and file report of Customer Service Surveys/Complaints. (Edgerton absent)

    5. RECOMMENDATION TO AWARD A CONTRACT TO PAINT STREETLIGHT POLES AT VARIOUS LOCATIONS ON HERMOSA AVENUE TO EVERLAST PAINTING CO. OF SAN PEDRO FOR THE ORIGINAL BID AMOUNT OF $6,600; AUTHORIZE ADDITION OF PROTECTIVE COATING TO STREETLIGHT POLES AT AN ADDITIONAL COST OF $4,500; AUTHORIZE ISSUANCE OF THE APPROPRIATE PURCHASING DOCUMENTS; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $900. Memorandum from Public Works Director Richard Morgan dated April 4, 2006.

      ActionTo approve the staff recommendation to:
      (1) Award the contract to paint streetlight poles on Hermosa Ave. at various locations to Everlast Painting Co. of San Pedro in the original bid amount of $6,600;
      (2) Authorize addition of protective coating to streetlight poles at an additional cost of $4,500;
      (3) Authorize issuance of the appropriate purchasing documents; and,
      (4) Authorize the Director of Public Works to make changes to the agreement up to $900.
      (Edgerton absent)

    6. RECOMMENDATION TO APPROVE AMENDING THE EXISTING AGREEMENT WITH PSOMAS TO INCLUDE CONSTRUCTION MANAGEMENT SUPPORT SERVICES ON AN ON-CALL BASIS FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS, FOR AN ADDITIONAL AMOUNT OF $40,000. Memorandum from Public Works Director Richard Morgan dated April 4, 2006.

      Action To approve amending the existing Agreement with Psomas to include construction management support services on an on-call basis for various Capital Improvement Projects, for an additional amount of $40,000, as recommended by staff. (Edgerton absent)

    7. RECOMMENDATION TO APPROVE AMENDING THE AGREEMENT WITH UNITED STORM WATER INC., INCREASING THE FY 05-06 CONTRACT AMOUNT FROM $15,505 TO $22,000; APPROVE AMENDING THE AGREEMENT WITH EMPIRE PIPE CLEANING AND EQUIPMENT, INCREASING FY 05-06 CONTRACT AMOUNT FROM $113,050 TO $125,030; APPROVE AMENDING THE AGREEMENT WITH RESOURCE COLLECTION, INCREASING THE FY 05-06 CONTRACT AMOUNT FROM $92,088 TO $101,297 FOR EACH YEAR OF THE RESOURCE COLLECTION AGREEMENT; APPROVE AMENDING THE AGREEMENT WITH LA COUNTY DEPT. OF PUBLIC WORKS MAINTENANCE, INCREASING THE CONTRACT AMOUNT FROM $4,000 TO $5,000; AND, AUTHORIZE THE APPROPRIATION OF THE FUNDS NECESSARY TO ACCOMPLISH THESE CHANGES. Memorandum from Public Works Director Richard Morgan dated April 6, 2006.

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

      City Manager Burrell responded to Council questions.

      ActionTo approve the staff recommendation to:
      (1) Approve amending the agreement with United Storm Water Inc., increasing the FY 05-06 contract amount from $15,505 to $22,000;
      (2) Approve amending the agreement with Empire Pipe Cleaning and Equipment, increasing FY 05-06 contract amount from $113,050 to $125,030;
      (3) Approve amending the agreement with Resource Collection, increasing the FY 05-06 contract amount from $92,088 to $101,297 for each year of the Resource Collection agreement;
      (4) Approve amending the agreement with LA County Dept. of Public Works Maintenance, increasing the contract amount from $4,000 to $5,000; and,
      (5) Authorize the appropriation of the funds necessary to accomplish these changes.
      Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton.

    8. RECOMMENDATION TO APPROVE FINAL MAP #60637 FOR A THREE-UNIT CONDOMINIUM AT 1220 SUNSET DRIVE AND 1223 LOMA DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated April 5, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6456, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 60637, FOR THE SUBDIVISION OF A THREE-UNIT CONDOMINIUM, LOCATED AT 1220 SUNSET DRIVE AND 1223 LOMA DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA.” (Edgerton absent)

    9. RECOMMENDATION TO AUTHORIZE STAFF TO GIVE “FINAL NOTICE” TO ALL PROPERTY OWNERS IN THE BEACH DRIVE UNDERGROUND UTILITY DISTRICT THAT HAVE NOT COMPLETED THEIR PRIVATE UTILITY CONVERSIONS AND TO FURTHER DIRECT STAFF TO DISCONNECT THE OVERHEAD UTILITY SERVICES TO THOSE PROPERTIES THAT DO NOT COMPLETE THE NECESSARY WORK WITHIN 30 DAYS OF RECEIVING SAID NOTICE. Memorandum from Public Works Director Richard Morgan dated April 5, 2006.

      ActionTo authorize staff to give “Final Notice” to all property owners in the Beach Drive Underground Utility District that have not completed their private utility conversions and to further direct staff to disconnect the overhead utility services to those properties that do not complete the necessary work within 30 days of receiving said notice. (Edgerton absent)

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1264 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C-3) TO SINGLE-FAMILY RESIDENTIAL (R-1) FOR THE PROPERTY LOCATED AT 1255 PROSPECT AVENUE LEGALLY DESCRIBED AS LOT 31, HERMOSA HEIGHTS TRACT, BEING LOT 14, BLOCK 84 AND PART OF LOT 7, BLOCK 88 OF SECOND ADDITION TO HERMOSA BEACH, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.” For adoption . Memorandum from City Clerk Elaine Doerfling dated March 29, 2006

      ActionTo waive full reading and adopt Ordinance No. 06-1264. Motion Keegan, second Reviczky. The motion carried by the following vote:

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

      At 7:29 p.m., the order of the agenda was suspended to go to item 7(a)

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(g) 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.

  5. PUBLIC HEARINGS

    1. APPEAL OF PLANNING COMMISSION DECISION TO NOT MERGE THE PROPERTY AT 726 PROSPECT AVENUE, COMPRISED OF TWO LOTS, INTO ONE PARCEL. (Continued from meeting of March 14, 2006). Memorandum from Community Development Director Sol Blumenfeld dated April 4, 2006. Supplemental correspondence received on April 10, 2006, from Charles Heidman and Howard Longacre. Supplemental petition supporting the appeal and an additional letter from Howard Longacre received on April 11, 2006.

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

      The public hearing opened at 7:58 p.m. Coming forward to address the Council on this item were:

      Greg Eberhardt – appellant, summarized the letter he submitted to the City and described photographs included which illustrated the types of homes in the neighborhood; said the home he purchased in 2004 had been built on two lots that had been merged into one and that many other homes in his block had the same situation; said he had no issue with the quality of homes the developer planned to build but only with density; said a realtor told him about Hermosa’s lot merger ordinance and one reason he decided to relocated his family to Hermosa Beach was to avoid the “bowling alley” type homes so prevalent in some neighboring cities; said he understood that the City had some liability because until receiving notice of the possible intent to merge the two lots, the developer had moved forward with his plans to develop two lots; said the ordinance was not valid and there was no reason to believe that the lots on Prospect were not meant to be considered; said the lots met the required criteria and urged the Council to consider the intent of the ordinance and merge the two lots into one;

      Greg Peterson – Redondo Beach, said he previously lived in Hermosa Beach on a 25-foot wide lot on Prospect Avenue off 11th Street; said when Mr. Heidman purchased the lots, he believed that they would not be merged because there were many 25-foot wide lots on Prospect; said Mr. Heidman’s plans included off-street parking, an improvement over current conditions; said Mr. Heidman was told by the City that he could build a house on each of the lots and deserved the opportunity to complete his construction as planned;

      Deborah Cucci – Hermosa Beach, said one of the things she loved about Hermosa Beach was its charming smaller homes and sense of neighborhood, but every time additional houses were added, there was less space for her children to play and it became even more difficult to back out of the driveway onto Prospect;

      Susan Blaco – Hermosa Beach, said the intent of the 1986 ordinance was to eliminate a lot of 25-foot wide lots;

      Jeff Rice – Hermosa Beach, said this was a quality of life rather than quality of construction issue; said the City was already very congested, with crowded schools and parking problems; said he was lucky to have a stop sign near his home so he could back out of his driveway but most residents found it difficult; said mistakes made in the past to not merge some lots should not be made at this time;

      Alan Dettelbach – Hermosa Beach, said the intent of the ordinance was to preserve the character of the neighborhood; said one of the goals when he was on the Planning Commission was to require minimum open space for new development; said the lots in question met the criteria for merging, which would help in the fight against density;

      Evangelos Karagiannis – Hemosa Beach, said he was surprised that the Planning Commission had made the decision not to merge the lots and urged the Council to consider quality of life when making its decision;

      Lourdes Garcia – Hermosa Beach, said she wanted to protect her neighborhood because she moved there to avoid oversized apartment complexes; said she was surprised that residents were not notified of development like this going on nearby;

      Donald Santoranni – Hermosa Beach, said notifying the neighbors was important because a property in his neighborhood had three homes built on it and he had no idea it was happening; agreed that backing out onto Prospect was difficult and dangerous; urged the Council to control density and merge these lots;

      Charles Wilmot – Hermosa Beach, submitted petitions signed by 212 of his neighbors in support of merging the lots; urged the Council to enforce the lot merger ordinance already in place to reduce density in the neighborhood; stressed the importance of notifying residents about what was going on in their neighborhood;

      Julian Katz – Hermosa Beach, urged the Council to merge the lots and to clarify the criteria for the lot merger program;

      Jonathan Stamper – Hermosa Beach, said developers squeeze in as many homes as possible and then sell them to others, leaving the neighborhood to suffer the density problems;

      Gary Albano – Hermosa Beach, said you can’t unring a bell, that no one would ever tear down two or three houses and replace them with one; urged the Council to enforce the 1986 ordinance and merge these lots;

      Stacey Montalto – Hermosa Beach, described how difficult it was to back out of her driveway and said more houses would make it worse, urged the Council to give this matter their serious consideration;

      Sonja Randall – Hermosa Beach, said she and her husband moved to Hermosa Beach from North Redondo Beach with their two small children; said the parks are already overcrowded with neighborhood children and asked the Council to consider the quality of life of the children growing up in the City by increasing open space and decreasing density;

      Ellen Carter – Hermosa Beach, said she loved coming home to her tree-lined neighborhood in Hermosa Beach and could look to the neighboring cities to see the heavy development that should be avoided;

      Jason Greenwald – Hermosa Beach, said there was not enough parking now and on street sweeping days it is almost impossible to find a parking space; said the City needed to slow down the building of additional homes which would make the parking situation worse;

      Tom Hodges – Hermosa Beach, said cars were blocking driveways and sidewalks; said the City installed ramps on the intersection curbs but people can not walk on the sidewalks because of all the parked cars;

      David Grathen – Hermosa Beach, said this did not seem to be a cut and dried situation; urged the Council to look at the issues and the intent of the original ordinance and not be swayed by emotional statements but recognize the need to preserve Hermosa’s small town character;

      Ali Nayak – Hermosa Beach, said his neighborhood keeps getting destroyed by more houses; said with the current trend, it would be easy to add 15 houses to a neighborhood, which, with two cars per household, would be 30 extra cars;

      Dan Kircher – Hermosa Beach, said he agreed with the points made by previous speakers and added that there were a lot of cars parked on Prospect that are for sale, taking away parking spaces from the neighborhood residents;

      Baiba Glassford – Hermosa Beach, said she was opposed to narrow homes and asked the Council to use the ordinance to prevent them;

      Sam Perrotti – Hermosa Beach Planning Commissioner, explained that the Commission makes decisions based on rules and that the Council implements policy; said this situation might be one in which a policy decision is appropriate;

      Pearl Hodges – Hermosa Beach, said she thought traffic was bad when they built their house in 1973 but now it is almost impossible to back out of her driveway and something should be done about it;

      Donald Geazer – Manhattan Beach, spoke in support of the Planning Commission decision and urged the Council to consider individual property owner rights as well and not to be swayed by the residents requesting that the lots be merged;

      P.J. Harari – Hermosa Beach, said there were already so many children in the schools and more people wanting to move to Hermosa because of the good schools; asked that the Council merge the lots to allow the children who already live here to take advantage of the good schools;

      Sandra Essex – Hermosa Beach, said one more house would not make a big difference but urged the Council to think about quality of life; said it was sad to lose the great little older homes; said this was a developer buying property in our neighborhood and Council should consider that;

      Chuck Heidman – owner of the subject property, requested that the Council accept the recommendation of the Planning Commission and allow him to develop the two lots; said he visited the Planning Department when considering the purchase of these lots to verify that the lots were not merged; said it was confirmed that the lots could be developed and that he made the purchase based on that information; said he spent over a year and a lot of money generating plans, following all the rules and codes of the City and asking for no variances; distributed three photographs showing examples of area homes, the majority of which appeared to have been built on 25-wide wide lots; said the parking situation would be improved by his construction because he was planning a minimum of four parking spaces on each property; said the two proposed structures would provide quality homes affordable for future families; said he hoped that the Council would treat the matter in a fair and competent manner; and

      Lien Tran – Hermosa Beach, said she was part owner of the subject property and that they hoped to live in one home and have their grown children live in the other; said they had checked with the City to confirm that they could build two homes and was completely shocked later to learn that the lots might be merged, after a year of planning the construction of the two homes; said she has worked in Hermosa Beach for 20 years and asked the Council to consider the money they had spent and not merge the lots.

      The public hearing closed at 8:44 p.m.

      ActionTo direct staff to prepare a resolution for Council adoption to overturn the Planning Commission decision and merge the two lots into one parcel.
      Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Reviczky and the absence of Edgerton.

      Further ActionTo direct staff to prepare a revised lot merger ordinance that includes noticing provisions and clarifies the criteria.
      Motion Reviczky, second Keegan. The motion carried, noting the absence of Edgerton.

      At 9:07 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion.

  6. MUNICIPAL MATTERS

    None

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER OF SUPPORT FOR THE LOMITA RAILROAD MUSEUM EXPANSION PROJECT

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

      Action : To authorize the Mayor to send a letter of support to Congresswoman Jane Harman for the Railroad Museum Expansion Project.

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

      At 7:30 p.m., the order of the agenda went to 5(a).

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    None

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Diana Martin, on Tuesday, April 11, 2006, at the hour of 9:08 p.m. to the Regular Meeting of April 25, 2006, at 7:10 p.m.