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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, November 14, 2006, at the hour of 7:16 p.m.

ROLL CALL

Present:Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
Absent: None

PLEDGE OF ALLEGIANCE

Nicky Tenpas

CERTIFICATE OF APPRECIATION

Mayor Edgerton presented Angelo Masino with a Certificate of Appreciation for his many hours of volunteer work to refurbish the Second Story Theatre at the Community Center, saving the City about $25,000.

Angelo Masino, noting that he did not accomplish the task alone, thanked the City Council for the recognition, provided information about some of the theatre events, and introduced his young cast for an upcoming children’s’ production.

Rick Koenig also presented to Angelo Masino an expression of appreciation for his volunteer work, noting that he had donated almost all his weekends to the project and that the work was beautiful.

ANNOUNCEMENTS

Councilmember Bobko, noting the Council’s recent adoption of a graffiti ordinance, discussed this week’s arrest of an adult and a minor who placed graffiti on police cars and in other locations and suggested instituting a reward for those who assist in leading offenders to prosecution and conviction. Commenting on the Veteran’s Day Ceremony, he said Howard Hermes of American Legion Post 184 had given an inspiring address regarding his experiences with General McArthur in the Philippines, and then expressed gratitude to Steve Crecy and the Memorial Foundation for the moving ceremony and to the Woman’s Club of Hermosa Beach for its $500 contribution.

Councilmember Tucker thanked Councilmember Bobko for serving as master of ceremonies at the 13th Annual Veteran’s Day ceremony. He then suggested that an inscribed Centennial brick, available for $100 at the Community Resources Department or on the City’s website, would be a perfect holiday gift.

Mayor Pro Tempore Keegan thanked all the poll workers who worked on Election Day and the voters for participating; he then congratulated all the winners, including Joanne Edgerton, who will provide four more years of leadership for the Beach Cities Health District.

Councilmember Reviczky invited the community to a tree planting in front of the library at 3:30 p.m. on November 15, by the Friends of the Library in memory of Charlotte Malone, longtime member and past president of the organization.

Mayor Edgerton noted that Charlotte Malone was also a former City Clerk, and a wonderful, involved person who will be missed. He then announced a Hazardous Household Waste Roundup in front of the Clark Building on Saturday, January 27, 2007, with paint and other hazardous materials being collected, as well as e-waste, such as computer components and televisions; and complimented City Attorney Mike Jenkins for his two-hour presentation of Ethics Training earlier in the evening prior to the Council meeting.

CLOSED SESSION REPORT FOR MEETING OF OCTOBER 24, 2006:

Meeting canceled.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Nicky Tenpas dated October 16, 2006 regarding the U S. Mayors Climate Protection Agreement and the Sierra Club’s “Cool Cities” Program.

    Coming forward to address the Council on this letter was:

    Nicky Tenpas – Hermosa Beach, member of the Sierra Club, said she had asked Mayor Edgerton to sign the U.S. Mayors’ Climate Protection Agreement regarding global warming and related issues (City Manager Burrell said that since Mayor Edgerton had agreed to sign this agreement, there would be a signing ceremony at the next Council meeting);

    Coming forward to address the Council at this time were:

    Vicki Garcia and Sandy Orbach – Hermosa Beach, announced the 14th Annual Beach Cities Toy Drive; said unwrapped toys could be dropped off at the Hermosa Beach and Manhattan Beach Fire Departments and the Hermosa Beach Chamber of Commerce; said the wrapping party would take place December 15 at the Joslyn Center in Manhattan Beach; asked everyone to remember the children who are 11 years and older, and to consider items such as CD players;

    Shirley Cassell – Hermosa Beach said it had been five weeks since the Council voted to return Pier Avenue to four lanes; said residents on Eighth Street and Monterey Boulevard were suffering from additional traffic diverted from Pier Avenue;

    Roger Bacon – Hermosa Beach businessman, detailed his estimate of the costs to re-stripe Pier Avenue; asked when the palm trees would be planted on Aviation and suggested that the palm trees be lit like the ones on Pier Plaza;

    Howard Longacre – Hermosa Beach, said he hoped Pier Avenue would be re-striped for the holidays; said he wondered if the people lingering after the bars closed were headed for after-hours restaurants which might turn into after-hours clubs, and that, if that were the case, an entertaining ordinance would take care of the problem; said the appeal period after a Planning Commission decision should not begin until a resolution is adopted (City Attorney Jenkins agreed);

    Janice Brittain – said the presentations made by the Police and Fire Chiefs at the Neighborhood Watch/MOMS meeting on November 13 had been excellent and she wished more people had been there; urged the City Council to continue to support Neighborhood Watch/MOMS; was pleased that the graffiti offenders were in custody and thanked the Public Works Department for their prompt cleanup.

    Councilmember Reviczky noted that a plan for re-striping Pier Avenue was forthcoming from staff.

  2. CONSENT CALENDAR:

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

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETINGS OF OCTOBER 10, 2006, AND OCTOBER 24, 2006.

      Action To approve, as presented, the minutes of the Regular Meetings of October 10, 2006, and October 24, 2006.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 45768 THROUGH 45991 AND ELECTRONIC VOUCHERS, AND TO APPROVE THE CANCELLATION OF CHECK NO. 45834 AS RECOMMENDED BY THE CITY TREASURER.

      ActionTo ratify the check register as presented.

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

      ActionTo receive and file Tentative Future Agenda Items as presented.

    4. RECOMMENDATION TO APPROVE THE IMPROVEMENT OF 28th COURT TO EXTEND FROM ITS EXISTING TERMINUS APPROXIMATELY 60 FEET EASTERLY TO INCLUDE THE PROPERTY AT 424 28th STREET. Memorandum from Public Works Director Richard Morgan dated October 31, 2006.

      ActionTo approve the improvement of 28th Court to extend from its existing terminus approximately 60 feet easterly to include the property at 424 28th Street, as recommended by staff.

    5. RECOMMENDATION TO AUTHORIZE STAFF TO INSTALL A LIGHT IN NOBLE PARK AND APPROVE A TRANSFER OF FUNDS WITHIN THE PARKS BUDGET TO PAY FOR THE PURCHASE OF THE LIGHT. Memorandum from Public Works Director Richard Morgan dated October 30, 2006. Supplemental information from Director Morgan received November 14, 2006.

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

      Public Works Director Morgan responded to Council questions.

      Coming forward to address the Council on this item was:

      Jim Gierlich – Hermosa Beach, said it was important to place lighting in Noble Park to protect residences and to light the park.

      ActionTo refer the issue to the Public Works Commission with direction to incorporate lighting into the future refurbishment of Noble Park.
      Motion Tucker, second Keegan. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO ACCEPT DONATIONS OF $1,600 FROM PETER JOHNSON TO BE USED FOR A MEMORIAL BENCH FOR FRED FLOOD TO BE LOCATED ON THE PIER AND $250 FROM BLUE 32 TO BE USED FOR THE CENTENNIAL CELEBRATION. Memorandum from Finance Director Viki Copeland dated November 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:
      - $ 1,600 from Peter Johnson to be used for a memorial bench for Fred Flood to be located on the Pier;
      - $ 250 from Blue 32 to be used for the Centennial Celebration.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    7. RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON NUISANCE ABATEMENT OF PROPERTY LOCATED AT 1928 ARDMORE AVENUE. Memorandum from City Manager Stephen Burrell dated November 7, 2006.

      ActionTo receive and file the status report on nuisance abatement of property located at 1928 Ardmore Avenue, as recommended by staff.

    8. RECOMMENDATION TO AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE CIP NOS. 05-110 AND 04-112 CRACK SEAL/SLURRY SEALING OF AVIATION BOULEVARD AND PROSPECT AVENUE TO PAVEMENT COATINGS COMPANY OF CYPRESS, CALIFORNIA IN THE AMOUNT OF $148,287.75; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated November 8, 2006.

      ActionTo approve the staff recommendation to:
      (1) Authorize the award of construction contract for the CIP Nos. 05-110 and 04-112 Crack Seal/Slurry Sealing of Aviation Boulevard and Prospect Avenue to Pavement Coatings Company of Cypress, California in the amount of $148,287.75;
      (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
      (3) Authorize the Director of Public Works to issue change orders as necessary within the approved budget.

    9. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO JOHN M. CRUIKSHANK CONSULTANTS, INC. (JMC2) TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 05-119 IN THE AMOUNT OF $38,400; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NEEDED TO THE AGREEMENT WITHIN THE PROJECT BUDGET AMOUNT. Memorandum from Public Works Director Richard Morgan dated November 6, 2006.

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

      City Manager Burrell responded to Council questions.

      ActionTo approve the staff recommendation to:
      (1) Award Professional Services Agreement to John M. Cruikshank Consultants, Inc. (JMC2) to provide design and engineering services for CIP No. 05-119 in the amount of $38,400;
      (2) Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney; and
      (3) Authorize the Director of Public Works to make changes as needed to the agreement within the project budget amount;
      with direction to staff to incorporate the repair of Longfellow Avenue between Manhattan Avenue and Hermosa Avenue as well.
      Motion Tucker, second Reviczky. The motion carried by a unanimous vote.

    10. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE ENERGY COALITION, SOUTHERN CALIFORNIA EDISON, SOUTHERN CALIFORNIA GAS COMPANY AND THE CITY OF HERMOSA BEACH AND DIRECT THE CITY MANAGER TO SIGN IT ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated November 8, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6508, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COALITION, A CALIFORNIA NON-PROFIT CORPORATION, SOUTHERN CALIFORNIA EDISON COMPANY AND SOUTHERN CALIFORNIA GAS COMPANY, TO DELIVER AN ENERGY EFFICIENCY PROGRAM AMONG SOUTHERN CALIFORNIA CITIES KNOWN AS THE ‘COMMUNITY ENERGENCY PARTNERSHIP’.”

    11. RECOMMENDATION TO WAIVE THE $441 BANNER FEE FOR THE BEACH CITIES TOY DRIVE. Memorandum from City Manager Stephen Burrell dated November 8, 2006.

      ActionTo waive the $441 banner fee for the Beach Cities Toy Drive, as recommended by staff.

    12. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #61986 FOR A TWO UNIT CONDO AT 509 AND 511 25th STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 6, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6509, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 61986, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 509 AND 511 25th STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

      At 7:52 p.m., the order of the agenda went to public hearing item 5 (a).

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e), (f) 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 10:38 p.m., the order of the agenda went to item 8(a)

  5. PUBLIC HEARINGS

    1. REVISION TO LOT MERGER ORDINANCE. Memorandum from Community Development Director Sol Blumenfeld dated November 7, 2006. Supplemental letter received from Howard Longacre on November 14, 2006.

      Community Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      The public hearing opened at 8:06 p.m. Coming forward to address the Council on this item were:

      Howard Longacre – Hermosa Beach, supported the revision but suggested that the item be continued to the next meeting with better noticing for this public hearing, which was a continuation from a meeting nine weeks ago, which had no staff materials; said he attempted to contact people affected, who did not know the item was on the agenda; referred the Council to written materials he had submitted;

      Betty Ryan – Hermosa Beach, urged the Council to notify the people whose property might be affected;

      Sandy Cristor – Hermosa Beach, thought all residents of the City should be notified, not just the property owners who might be adversely affected;

      Greg Eberhardt – Hermosa Beach, said the 80% rule was confusing because it could be used to either support or not support a lot merger; said neighborhood compatibility should always be considered as well; said the Council agreed lack of notice in the past was a mistake;

      The public hearing closed at 8:14 p.m.

      ActionTo refer the item back to the Planning Commission for further study, with direction to: (1) not feel that the 80% rule has to remain in the ordinance, (2) send individual letters to the 35 affected property owners and notices of all public hearings related to this ordinance to all property owners within a 300’ radius of the 11 properties primarily in question; and (3) to return the item to the City Council for review and consideration no later than its meeting of February 27, 2007.

      Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

  6. MUNICIPAL MATTERS

    1. KIWANIS CLOCK IN PIER PLAZA. Memorandum from Public Works Director Richard Morgan dated November 7, 2006.

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

      Coming forward to address the Council on this item were:

      Greg Wyatt – former president of Kiwanis Club, said he lives in Long Beach but works in Hermosa Beach and was speaking for Dallas Yost; said the Council could determine any location for the clock but the vision was for the “Dallas” clock to be seen while traveling down the hill on Pier Avenue;

      Rick Koenig – Hermosa Beach, former president of Kiwanis Club, said he hoped the clock would be placed as far east as possible on the Plaza;

      Pat Love – Hermosa Beach, current president of Kiwanis Club, said she was not speaking for the whole club, but for Dallas, and hoped the clock would be placed near Hermosa Avenue; said she checked with Plaza merchants and they agreed; and

      Howard Longacre – Hermosa Beach, said Option 2 (located near Hermosa Avenue) was best, and even though it might cost more for the installation, it was better to do it right.

      Proposed Action:To install the clock in the Loreto Plaza area, Option 1, but with benches.
      Motion Edgerton, second Keegan. The motion failed, noting the dissenting votes of Bobko, Reviczky, and Tucker.

      Action:To install the clock closer to the Hermosa Avenue sidewalk than Option 2, and without benches.
      Motion Tucker, second Bobko. The motion carried, noting the dissenting votes of Keegan and Mayor Edgerton.

      The meeting recessed at 9:02 p.m.
      The meeting reconvened at 9:29 p.m., with item 6(b).

    2. REVIEW OF ELIMINATING RESIDENTIAL CONDOMINIUMS IN THE C-1 ZONE. Memorandum from Community Development Director Sol Blumenfeld dated November 8, 2006.

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

      Coming forward to address the Council on this item were:

      David Kissinger – Association of Realtors, said this issue has a significant impact on property values and property rights because if a property owner is unable to develop his land a certain way, the property might not sell or might be used in an undesirable manner; said it was impossible to protect institutions; said concerns could be mitigated by CC&R’s regarding noise, kitchen venting, lighting, delivery hours, trash pickup; said that mixed use is an option but not necessary; urged the Council to keep this option in place and even expand it to include restaurants; and

      Betty Ryan – Hermosa Beach, said when this was instituted in 2003, there was a great reaction from the people but nothing has happened to affect the City;

      Proposed Action: To continue consideration of the item to Council meeting of December 12, 2006.
      Motion Bobko, second Mayor Edgerton. The motion failed, noting the dissenting votes of Keegan, Reviczky, and Tucker.

      Action: To receive and file the report.
      Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Mayor Edgerton.

    3. COCA-COLA BOTTLING COMPANY SPONSORSHIP AGREEMENT. Memorandum from Community Resources Director Lisa Lynn dated November 7, 2006. Two supplemental letters received from Howard Longacre, one dated October 2 and one received on November 14, 2006.

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

      Coming forward to address the Council on this item were:

      Howard Longacre – Hermosa Beach, said he had no problems with the machines in buildings, but that there was crime potential from the outdoor ones;

      Steve Cannella – Hermosa Beach Parks, Recreation & Community Service Advisory Commission, said this item had been unanimously passed by Commission and that it was a great way to help fund the City’s Centennial; and

      Jarrod Harrison – representing the local Coca Cola bottler in Carson, said he wanted to introduce himself, that he was excited about the project and was available for questions.

      Action: To approve staff recommendation to:

      (1) Approve the agreement between the City and Coca-Cola Bottling Company, with a written contract to come back for signature;
      (2) Accept Centennial sponsorship of $25,000; and,
      (3) Install six (6) vending machines at select City locations for a trial period of one year.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

      At 10:27 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    None

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated October 24, 2006. Additional memorandum from City Manager Stephen Burrell dated November 9, 2006.

      City Clerk Doerfling presented the staff report and responded to Council questions.

      ActionTo approve the list of City Council committee assignments with the following changes:

      (1) To not assign a second delegate to the Beach Cities Committee
      (2) To appoint Councilmember Bobko as the alternate delegate for the Independent Cities Association
      (3) To not appoint a delegate to the South Bay Youth Project but maintain Councilmember Reviczky as the alternate.
      (4) To replace Mayor Pro Tempore Keegan with Councilmember Bobko as delegate to the Southern California Association of Governments (SCAG)
      (5) To replace Mayor Pro Tempore Keegan with Councilmember Bobko as alternate delegate to the West Basin Water Association
      (6) To appoint Mayor Edgerton as delegate to the Santa Monica Bay Restoration Commission
      (7) To eliminate the Library Temporary Council Sub-Committee
      (8) To appoint Mayor Pro Tempore Keegan as the second member of the Pacific Coast Highway Banner Temporary Council Sub-Committee
      (9) To eliminate the Beach Cities Transit Temporary Council Sub-Committee
      (10) To eliminate the Historical Preservation Temporary Council Sub-Committee
      (11) To appoint Councilmember Tucker and Councilmember Bobko as Council representatives to the Pier Avenue Committee
      (12) To replace Mayor Pro Tempore Keegan with Councilmember Tucker as the alternate delegate to the South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles)
      (13) To appoint Mayor Pro Tempore Keegan and Councilmember Reviczky as Council representatives to the Emergency Preparedness Committee.
      Motion Keegan, second Mayor Edgerton. The motion carried by a unanimous vote.

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Reviczky to review the policy for issuance and use of construction parking passes.

      Councilmember Reviczky spoke to his request.

      ActionTo agendize the policy for discussion, with direction to staff to bring back recommended changes.
      Motion Reviczky, second Keegan. There were no objections.

    2. Request from Councilmember Reviczky to ask CalTrans to re-stripe Pacific Coast Highway at Aviation to allow the northbound third lane to proceed through the intersection rather than to Aviation.

      Councilmember Reviczky spoke to his request.

      Coming forward to address the Council on this item was:

      Roger Bacon – Hermosa Beach businessman, said the criteria for CalTrans making changes is accidents; said his office faces this intersection and there have been very few accidents; said this change would potentially cause accidents by people moving back and forth between the lanes as they approach the intersection.

      ActionTo direct staff to write a letter to CalTrans requesting the re-striping of Pacific Coast Highway at Aviation to allow the northbound third lane to proceed through the intersection rather than to Aviation.
      Motion Reviczky, second Keegan. There were no objections.

    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 October 24, 2006.

    2. 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)

      Name of Case: Philia Five Group, LLC dba The Union Cattle Company
      Case Number: YS015070

    3. CONFERENCE WITH LABOR NEGOTIATOR
      Government Code Section 54957.6

      City Negotiator: Stephen Burrell
      Employee Organizations: Hermosa Beach Police Officers Association

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 14, 2006, at the hour of 10:59 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 11:00 p.m. At the hour of 11:20 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 on Tuesday, November 14, 2006, at the hour of 11:21 p.m. to the Adjourned Regular Meeting of November 28, 2006, at 6:15 p.m. for Council interviews of Public Works Commission applicants prior to the Regular Meeting of the same date scheduled to begin at 7:10 p.m.

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