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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, November 28, 2006, at the hour of 7:14 p.m.

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Andy Clifton

ANNOUNCEMENTS

Councilmember Bobko encouraged residents to purchase their Christmas trees at the Kiwanis tree lot.

Councilmember Tucker announced that toys were being accepted at the Hermosa Beach and Manhattan Beach Fire Departments for the annual Beach Cities Toy Drive, with the wrapping party on December 16, at 11 a.m., at the Joslyn Center in Manhattan Beach, noting that there was a need especially for items for older children; encouraged everyone to buy a Centennial brick for $100 as a holiday gift.

Mayor Edgerton said a packet could be purchased for $200 to be buried in the Centennial time capsule.

Mayor Pro Tempore Keegan announced the Pier Plaza Tree Lighting on Thursday, December 7, at 6:00 p.m.

Mayor Edgerton announced that a Beach Cities Toy Drive fundraiser would also take place December 7 on the Plaza.

PROCLAMATIONS & PRESENTATIONS

“COOL CITIES PROGRAM” ADOPTION OF RESOLUTION ENDORSING THE U.S. MAYORS CLIMATE PROTECTION ACT AND SIGNING OF LETTER OF PARTICIPATION BY THE MAYOR

Mayor Edgerton joined Hermosa Beach resident Nicky Tenpas at the podium and signed the U.S. Mayor’s Climate Protection Agreement, explaining the plan to reduce greenhouse gasses at the local level to help solve the long-term problem of global warming.

Nicky Tenpas thanked Mayor Edgerton for signing the agreement which would encourage the City and local businesses to participate in measures to help with these problems.

Action: To approve the staff recommendation to adopt Resolution No. 06-6510, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT.”
Motion Keegan, second Tucker. The motion carried by a unanimous vote.

CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 14, 2006: Meeting canceled.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    Andy Clifton – Hermosa Beach, said that several people had another event to attend this evening and wished to speak at this time in support of retaining the present striping on Pier Avenue; suggested that no changes be made until the subcommittee completes its study of all aspects of possible Upper Pier Avenue improvements and makes its recommendations;

    Lisa Arnett – Hermosa Beach, concurred, stating that the change to two lanes on Pier Avenue was a major enhancement to the city;

    Jennifer Rosenfeld – Hermosa Beach, supported maintaining the current configuration on upper Pier Avenue until the subcommittee makes final recommendations; said having two lanes slowed traffic and made the area more pedestrian friendly;

    Larry Peha – Hermosa Beach, supported maintaining two lanes until the subcommittee finishes studying potential improvements on upper Pier Avenue; said this provided a more aesthetically pleasing entrance corridor to the city; said he had not spoken up before because he assumed that it was a no-brainer to make this change;

    Leanna Clifton – Hermosa Beach, admitted that she also had not spoken up previously because she assumed the change would be acceptable to all residents; said she knew of only one person who opposed it; and

    Mike Flaherty – Hermosa Beach (not City staff member), spoke in favor of retaining two lanes; said the current configuration contributed to an active pedestrian community of which residents should be proud.

  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) Reviczky, (j) Keegan, (l) Tucker.
    Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR MEETING OF NOVEMBER 14, 2006.

      Action To approve, as presented, the minutes of the Adjourned Regular Meeting of November 14, 2006.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 45992 THROUGH 46121, INCLUSIVE, AND ELECTRONIC VOUCHERS, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 44612 AND 45007, 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 RECEIVE AND FILE THE OCTOBER 2006 FINANCIAL REPORTS:

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

      ActionTo receive and file the October 2006 financial reports as presented.

    5. RECOMMENDATION TO ACCEPT DONATIONS OF $250 FROM ROCKY COLA CAFÉ AND $250 FROM MEDITERRANEO TO BE USED FOR THE CENTENNIAL CELEBRATION. Memorandum from Finance Director Viki Copeland dated November 20, 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:
      - $250 from Rocky Cola Café to be used for the Centennial Celebration.
      - $250 from Mediterraneo to be used for the Centennial Celebration.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 14, 2006.

      ActionTo receive and file the Status Report of capital improvement projects that are either under design or construction as of October 31, 2006.

    7. RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING A COMMITMENT TO VOLUNTARILY PARTICIPATE IN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS ENERGY EFFICIENCY PROCUREMENT PROGRAM. Memorandum from Public Works Director Richard Morgan dated November 21, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6511, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING ITS INTENTION TO PARTICIPATE IN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) ENERGY EFFICIENCY PROCUREMENT PROGRAM.”

    8. RECOMMENDATION TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH CROSSROADS SOFTWARE, INC. TO EXTEND THE DATE TO DECEMBER 31, 2006. Memorandum from Police Chief Greg Savelli.

      ActionTo authorize an amendment to the contract with Crossroads Software, Inc. extending the date to December 31, 2006, as recommended by staff.

    9. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 8, 2006.

      ActionTo receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 8, 2006.

    10. RECOMMENDATION TO APPROVE DONATIONS OF $1,000 TO THE REDONDO UNION HIGH SCHOOL GRAD NIGHT COMMITTEE 2007 AND $1,000 TO THE MIRA COSTA HIGH SCHOOL G.R.A.D. BOOSTER CLUB FOR 2007. Memorandum from City Manager Stephen Burrell dated November 22, 2006.

      This item was removed from the consent calendar by Mayor Pro Tempore Keegan for separate discussion later in the meeting in order to acknowledge the donations by the City, congratulate the graduates from both high schools, and wish them a successful grad night

      ActionTo approve donations of $1,000 to the Redondo Union High School Grad Night Committee 2007 and $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2007, as recommended by staff.

    11. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH FIREFIGHTERS’ ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 20, 2006. Supplemental memo from Michael Earl received November 28, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6512, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION.”

    12. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 2006. Supplemental letter from Howard Longacre received on November 27, 2006.

      This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting pertaining to the project at 1429 Hermosa Avenue (Item 5a in the action minutes).

      Coming forward to address the Council on this item was:

      Shirley Cassell – Hermosa Beach, spoke in opposition to the commercial condo project at 1429 Hermosa Avenue; expressed concern about the number of units and the effects of constructing below ground level, which would create a need to pump out water.

      Proposed ActionTo review and reconsider the Planning Commission’s approval of the 1429 Hermosa Avenue project due to concerns about parking and the impact that commercial condominiums would have on residential areas near the downtown.
      Motion Tucker. The motion died for lack of a second.

      ActionTo receive and file the action minutes of the Planning Commission meeting of November 21, 2006.
      Motion Tucker, second Keegan or Reviczky. The motion carried by a unanimous vote.

      At 7:30 p.m., the order of the agenda was suspended to go to public hearing item 5(a).

  3. CONSENT ORDINANCES

    None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e), (j) and (l) 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.

  5. PUBLIC HEARINGS

    1. TEXT AMENDMENT AMENDING CHAPTER 17.52, NONCONFORMING ORDINANCE, RECONSTRUCTION OF DAMAGED NONCONFORMING BUILDINGS. Memorandum from Community Development Director Sol Blumenfeld dated November 20, 2006.

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

      The public hearing opened at 8:02 p.m. Coming forward to address the Council on this item were:

      Ron Newman – Hermosa Beach resident and business owner, read a letter he had received and submitted to the City in support of the ordinance; urged the Council to make the proposed change so that he could rebuild his building lost to a fire seven months ago;

      Shirley Cassell – Hermosa Beach, said Mr. Newman should not have to pay an in-lieu parking fee because the business owners had signed over parking to the City in the past; said he also should not have to wait any longer to rebuild his building and resume his business;

      Art Yoon – Hermosa Beach, spoke in support of the proposed Code revision; said it would not only help the Newmans but would also protect any other business owner who faced such a loss; said that type of tragedy should not have additional burdens imposed by the City to postpone reopening a business;

      Mike Lacey – Hermosa Beach Comedy and Magic Club, supported the Code revision; said he had a near tragedy but luckily a fire set by an arsonist was quickly extinguished; said with the current ordinance, he would have faced in-lieu parking fees that he could not have afforded, forcing him to close his business;

      Carla Merriman – Hermosa Beach Chamber of Commerce and Visitors’ Bureau Executive Director, spoke in support of amending the current ordinance; said almost 50% of businesses never re-open following a disaster such as fire, earthquake, or flood, 29% close within the next two years and there is an 80% failure rate because (1) most are not insured at realistic levels that take into account the loss of business, (2) there is a loss of customers to competitors, and (3) the cost of building materials has increased 200% since Katrina; said the City’s current code makes it almost impossible for a grandfathered business to re-open successfully; noted that the cities of Pasadena and El Segundo offer incentives to assist businesses after a disaster;

      Greg Newman – Hermosa Beach resident and property owner, said the current code is unfair and should be changed; said any business could be vulnerable to a disgruntled employee or angry patron and many could not rebuild if forced to pay very high fees for in-lieu parking; urged the Council to amend the current code so they can reconstruct their building and resume serving the community and the people they care about;

      Jolene Blaze – owner of Cantina Real, said her family would not be able to re-open if their business was destroyed by fire and asked the Council to make this change for the benefit of all the businesses on Pier Plaza;

      Pat Love – Hermosa Beach, spoke in support of revising the current ordinance and urged the Council to make this change for the sake of grandfathered businesses in the City; and

      Patty Egerer – Hermosa Beach, suggested that the commercial and residential portions of this ordinance be considered separately, with the commercial portion being adopted at this time so the business suffering the fire can rebuild and the residential portion being restudied and considered at a later time.

      The public hearing closed at 8:25 p.m.

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1276, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17 – ZONING, PERTAINING TO RECONSTRUCTION OF NONCONFORMING BUILDINGS,” amended as follows:

      1. Section 5, change paragraph A to read: “A nonconforming residential building damaged by fire, explosion or other casualty or act of God, or the public enemy, may be restored to its pre-damaged condition and the occupancy or use of such building or part thereof which existed at the time of such destruction may be continued as long as the cause of the destruction is not intentionally perpetrated by the owner and provided that…”

      2. In Section 5, change paragraph B to read as follows: A nonconforming commercial or industrial building located in the commercial or manufacturing zones damaged by fire, explosion or other casualty or act of God, or the public enemy, may be restored to its pre-damaged condition and the occupancy or use of such building or part thereof which existed at the time of such destruction may be continued as long as the cause of the destruction is not intentionally perpetrated by the owner and provided that…”

      Motion Tucker, second Mayor Edgerton. The motion carried, noting the dissenting vote of Bobko.

      Further Action: To direct the Planning Commission to review the residential portion of this ordinance and to study the ramifications of the commercial portion of this ordinance applying to more than the C-2 zone.
      Motion Reviczky, second Bobko. The motion carried, noting the dissenting votes of Tucker and Mayor Edgerton.

      The meeting recessed at 8:55 p.m.
      The meeting reconvened at 9:22 p.m., with item 6(a).

  6. MUNICIPAL MATTERS

    1. ANNUAL REVIEW OF FIESTAS. Memorandum from City Manager Stephen Burrell dated November 22, 2006.

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

      Coming forward to address the Council on this item were:

      Carla Merriman – Executive Director, Hermosa Beach Chamber of Commerce and Visitors’ Bureau, requested that the Council renew the five-year contract for 2007; said that Fiesta was a 35-year tradition and benefited the City, local charities, hotels, and even businesses not involved directly in the Fiesta; and

      Pat Love – spoke for the Kiwanis Club, the Woman’s Club, and the Sister Cities Association in support of approving the agreement for the Fiesta.

      ActionTo approve the staff recommendation to:

      1. Receive the report covering both Memorial Day and Labor Day;
      2. Direct staff to work with the Chamber of Commerce to implement the suggestions contained in the After Action reports; and
      3. Approve the Memorial Day (May 26-28, 2007) and Labor Day (Sept. 1-3, 2007) Fiestas.

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

    2. PIER AVENUE STRIPING. Memorandum from Public Works Director Richard Morgan dated November 16, 2006. Supplemental letter from Howard Longacre received on November 27, 2006. Supplemental email from Barbara Gunning and supplemental letter from Linda Campbell received on November 28, 2006.

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

      Coming forward to address the Council on this item was:
      Shirley Cassell – Hermosa Beach, asked for the date that Pier Avenue would be returned to four lanes, noting that the Council approved the change seven weeks earlier; said the residents of Monterey and Eighth Street had suffered too long from extra traffic on their streets because of the reduced lanes on Pier Avenue, said it was a waste of money changing it to two lanes and now again to put it back.

      ActionTo approve a change order to the existing contract with PCI, Inc, for the not-to-exceed amount of $20,000, to re-stripe Pier Avenue to four lanes between Valley Drive and Hermosa Avenue.
      Motion Bobko, second Keegan. The motion carried, noting the dissenting vote of Mayor Edgerton.

    3. ABATEMENT OF PROPERTY AT 1928 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 21, 2006.

      Community Director Blumenfeld presented the staff report and responded to Council questions, noting that the subject property had been cleaned up by community volunteers

      ActionTo receive and file.
      Motion Reviczky, second Bobko. The motion carried by a unanimous vote.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. NAVY DAYS – HERMOSA BEACH – FRIDAY, DECEMBER 8, 2006. Memorandum from City Manager Stephen Burrell dated November 21, 2006.

      Action : To receive and file the report acknowledging the Navy Days Port Call and the provision of a shuttle bus for the event in Hermosa Beach.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    2. CENTENNIAL CELEBRATION – FUND RAISING STATUS REPORT. Memorandum from City Manager Stephen Burrell dated November 20, 2006.

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

      Action : To receive and file the report.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. EXPIRATION OF TERMS – BOARDS AND COMMISSIONS - PUBLIC WORKS COMMISSION APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated October 24, 2006.

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

      Councilmember Reviczky nominated Victor Winnek, Mayor Edgerton seconded.

      Mayor Pro Tempore Keegan nominated Julian Katz; Councilmember Tucker seconded; and, Mayor Edgerton concurred.

      Councilmember Bobko nominated Sean Krajewski, Mayor Edgerton seconded.

      Councilmember Tucker nominated Victor Winnek, Councilmember Reviczky seconded.

      Mayor Edgerton nominated Brian Koch, Mayor Pro Tempore Keegan seconded; and, Councilmember Tucker concurred.

      Action: To appoint, per Council consensus, Julian Katz and Brian Koch to fill the two seats on the Public Works Commission with terms ending on October 31, 2010.

      At 10:23 p.m., the order of the agenda returned to item 4, items removed from the consent calendar for separate discussion.

  9. OTHER MATTERS - CITY COUNCIL

    None

    10. The closed session was canceled.

    ADJOURNMENT

    The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 28, 2006, at the hour of 10:29 p.m. to the Adjourned Regular Meeting of December 12, 2006, at 7:10 p.m.

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