MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 10, 2009, at the hour of 6:06 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a) Closed Session meeting held on December 9, 2008; b) Closed Session meeting held on January 13, 2009; and c) Special Closed Session meeting held on February 2, 2009. 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) a) Name of Case: Parucha v. City of Hermosa Beach Case Number: BS115511 b) Name of Case: Osekowsky v. City of Hermosa Beach Case Number: YC057337 c) Name of Case: Coello v. City of Hermosa Beach Case Number: CV0706900 PSG d) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 10, 2009, at the hour of 6:07 p.m., to a closed session. RECONVENE TO OPEN SESSION At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE Dorothy Forba-Hartley City Council Minutes 2-10-09 Page 12584
CLOSED SESSION REPORT City Attorney Jenkins said there were no public comments prior to this evening s closed session, nothing was added to the agenda and there were no reportable actions. ANNOUNCEMENTS Councilmember Tucker said the South Bay Environmental Service Center was exchanging two low-flush toilets per family for existing toilets on Saturday, March 14, with pre-registration preferred by calling 866-931-3494 or online at swe-inc.com; said it was a good action to help the water shortage in California and to participate in Hermosa Beach being a cool city; noted that the annual Saint Patrick s Day parade was the same day. Councilmember Reviczky asked that the meeting be adjourned in memory of Rick Koenig s mother, Margaret McAlpin, who lived all of her 87 years in the Hermosa Beach home that her father had built. Councilmember Keegan said Ms. McAlpin was a successful interior designer and sketch artist, a very talented woman, and offered his condolences to her family. He reported on the Independent Cities conference that that he, Mayor Bobko and Councilmember Reviczky had attended the previous weekend in Santa Barbara, citing information from the State Controller about the financial crisis facing California and lessons in crisis management and the value of networking to be learned from the Covina Police Chief, who used other agencies as resources to help solve a horrendous murder case. He then announced a South Bay Council of Governments Assembly on Friday, February 27 at the Carson Community Center from 8:30 a.m. to 3:00 p.m., encouraging all City Councilmembers and Commissioners to attend. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Longacre received February 9 regarding his opinion that plastic K-rails are inadequate to protect pedestrians at Chamber street fairs and other events. No one came forward to speak on the letter and no Council action was taken. Coming forward to address the Council at this time were: Carla Merriman Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau, said the 37th Annual Fiesta Hermosa would be pro-actively going green before it was a requirement by using bio-diesel generators and shuttles; Michael Bell Bell Event Services, noted that bio-diesel produces 80% less emissions, with a pleasant odor and the equipment runs well; Peter Barsuk Project Forward Committee, announced that an online questionnaire seeking public input regarding schools would be City Council Minutes 2-10-09 Page 12585
available on the City and School District websites and that hard copies would be available at both City schools, City Hall and the Library; said the next Town Forum meeting would be held Saturday, March 28, and encouraged the community to attend; Jim Lissner Hermosa Beach, said bio-diesel was just as poisonous as regular diesel fuel and encouraged the City Council to adopt a policy, resolution or direction to City Manager Burrell to take every opportunity to avoid using any kind of diesel fuel; Hillary Henson Project Touch Executive Director, encouraged all residents to participate as a runner, walker, or age 10 and under munchkin in the 57th annual Sand & Strand event, with registration and information available at www.projecttouch.org or www.active.com; Dorothy Forba-Hartley Project Touch Assistant Director and Hermosa Beach resident, said they had sponsors but were looking for more; said the event would be residents supporting Hermosa Beach and helping kids through Project Touch; and Tim Beck Torrance, representing Heal the Harbor, an international environmental group based in Manhattan Beach, suggested that Hermosa Beach provide a European-style beach which would attract visitors from Europe desiring an even tan. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h). Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 27, 2009. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on January 27, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54616 THROUGH 54766. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 2-10-09 Page 12586
Action: To receive and file the December 2008 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2009. Action: To receive and file the action minutes of the Public Works Commission meeting of January 21, 2009. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 5, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2009. (g) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2009. Memorandum from City Treasurer John Workman dated February 4, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09-6634, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TRESURER FOR THE YEAR 2009. (h) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE CITY OF HERMOSA BEACH PARKING VIOLATION BAIL SCHEDULE TO INCLUDE THE ADDITIONAL STATE SURCHARGE MANDATED BY SB 1407 AND AMENDING FOUR VIOLATIONS TO THE MINIMUM AMOUNTS STATED IN THE CALIFORNIA VEHICLE CODE. Memorandum from Finance Director Viki Copeland dated February 3, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09-6635, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY S PARKING VIOLATION BAIL SCHEDULE. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION No items were removed from the consent calendar for separate discussion. City Council Minutes 2-10-09 Page 12587
5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. MIDYEAR BUDGET REVIEW 2008-09. Memorandum from Finance Director Viki Copeland dated January 26, 2009. questions, and asked the Council to schedule an early policy input meeting leading up to preparation of the 2009-2010 budget. Coming forward to address the Council on this item were: Jim Lissner Hermosa Beach, said the midyear report paints a rosy picture and suggested that the City give more than the planned $100,000 to the schools; and Tim Beck Heal the Harbor, urged the City Council to consider making 20% of the beach a European-style beach to bring in revenue to the City. Action: To schedule a 2009-2010 budget discussion meeting on Thursday, February 26 at 7:00 p.m. in the Council Chambers. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To offer the sale of cash keys at a discount that would be equivalent to the current one-dollar meter rate. Motion Reviczky, Second Tucker. The motion carried by a unanimous vote. Further Action: To approve the staff recommendation to: (1) Approve the revision to estimated revenue appropriations, budget transfers and fund balance as shown in the staff report and in the attached Revenue Worksheet and Budget Summary; and (2) Approve the recommendations discussed in the staff report under Recommendations on Policies/Goals. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. b. LETTER FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REGARDING AN APPLICATION FROM CLUB SUSHI; 1200 HERMOSA AVE TO INCREASE ITS ABC OPERATING HOURS. Memorandum from City Manager Stephen Burrell dated February 3, 2009. questions. Coming forward to address the Council on this item were: Jim Lissner Hermosa Beach, said the previous business in this location, Two Guys from Italy, had applied for a full liquor license just before selling the business and Club Sushi received the benefit of the change City Council Minutes 2-10-09 Page 12588
when they took over the location; wondered if Club Sushi was thinking of leaving and asking for benefits that would benefit the next business; said those benefits should not be given to Club Sushi without offering them to other similar businesses nearby; and Samantha Panarese General Manager of Club Sushi, said they were asking for the change to create more revenue by a later closing time on certain holidays, since their revenue was down 30% because of the economic situation and their customers were well mannered. Action: To support the change in operating hours on Friday and Saturday from 2:00 a.m. to 1:00 a.m. with a closing time of 1:00 a.m. on the following holidays: St. Patrick s Day, Cinco de Mayo, Memorial Day weekend, Fourth of July, Labor Day weekend, and New Year s Eve. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. At 7:46 p.m., the order of the agenda returned to municipal matter 6(a). c. COOPERATIVE AGREEMENT BETWEEN THE HERMOSA BEACH CITY SCHOOL DISTRICT AND THE CITY OF HERMOSA BEACH REGARDING JOIN USE OF PUBLIC FACILITIES AND PROVIDES FOR THE CITY TO PAY UP TO $100,000 TO THE SCHOOL DISTRICT DURING THE 2008-09 FISCAL YEAR. Memorandum from City Manager Stephen Burrell dated February 2, 2009. questions. Coming forward to address the Council at this time was: Jim Lissner Hermosa Beach, said many other cities were giving more money to their schools and encouraged the Council to give more. City Attorney Jenkins said the City was not simply writing a check but rather was entering into a contract with the School District to provide in-kind benefits and a gift of municipal funds is not allowed by the California constitution. Action: To approve the agreement and direct the Mayor to sign it on behalf of the City, as recommended by staff. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. d. LIBRARY PROPERTY TAX REPORT ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUS. Memorandum from City Manager Stephen Burrell dated February 2, 2009. questions. City Council Minutes 2-10-09 Page 12589
Action: To receive the report submitted by the County Librarian and direct that the excess funds be placed in a special trust for improvements to the Hermosa Beach Branch Library. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem DiVirgilio to direct staff to create a document - similar to the 'Tentative Future Agenda Items' - that tracks open Council directives until they are returned to Council or delegated elsewhere. As an example, the discussion about homeless individuals would be listed alongside the expected date (when possible) of when the item will return to Council. Mayor pro tem DiVirgilio spoke to his request. Action: To direct staff to begin including the information in future agenda packets. Supported by DiVirgilio, Keegan and Mayor Bobko. b. Request from Mayor Pro Tem DiVirgilio to direct staff to develop a Street Repair Plan that outlines (at a minimum) the list of streets requiring repair and the target (tentative) repair date based on existing budget predictions and existing street conditions. Mayor pro tem DiVirgilio spoke to his request. Action: To agendize a discussion of the topic and direct staff to return with an example of a projected schedule to facilitate the discussion. Supported by Reviczky, Tucker and Mayor Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Margaret McAlpin, on Tuesday, February 20, 2009, at the hour of 8:23 p.m. to the Regular Meeting of Tuesday, February 24, 2009, at 6:00 p.m. City Clerk Deputy City Clerk City Council Minutes 2-10-09 Page 12590