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Home My WebLink About06/14/83"THE MAN WHO INSISTS UPON SEEING WITH PERFECT CLEARNESS BEFORE HE DECIDES, NEVER DECIDES." - - Henri -Frederic Amiel AGENDA REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL Tuesday, June 14, 1983 - Council Chamber, City Hall Closed-S.s.i.o Regular Session 7:30 p.m' All Council meetings are open to the public. PLEASE ATTEND It is requested that anyone who wishes to speak on any matter, please give their name and address for the record. Any complaints against the -City Council, City Management, or depart- mental operation will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION: Burglary Prevention Month - June, 1983 1. CONSENT CALENDAR: The following routine matters will be acted upon by one motion to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters). (a) Approval of Minutes: Regular meeting of the City Council held May 10, 1983 (submitted to Council on 5/1`A/83). Recommended Action: To approve minutes. (b) Approval of Minutes: Regular meeting of the City Council held May 17, 1983. Recommended Action: To approve minutes. (c) Approval of Minutes: Regular Adjourned meeting of the City Council held May 18, 1983. Recommended Action: To approve minutes. (d) Approval of Minutes: Regular Adjourned meeting of the City Council held June 6, 1983. Recommended Action: To approve minutes. City Council Agenda. June 14,-1983 Consent Calendar (Continued-) (e) Approval oflMinutes: Regular Adjourned meeting of the City. Council held June 8, 1983. Recommended Action: To approve minutes. (f) Demands & Warrants: June 14, 1983 Recommended Action: To approve Demands & Warrants Nos. through inclusive. (g) Award of Bid: .Publication of City Advertising (Legal Notices) and Display Advertising. Recommended Action: To award contracts to Easy Reader. (h) Resignation: Jack Revoyr, Community Resources Commission. Letter dated May 26/ 1983. Recommended Action: To accept resignation and authorize appropriate recognition. (1) Summons & Complaint: Orse L. Biggs, represented by Chuck Walker, Happy Trails Law Office, filed June 8, 1983. Recommended Action: To refer to this City's insurance carrier. (Note: This claim was denied and referred on 2/22/82). (j) Application for Permit to keep more than two household pets at 1051 Tenth Street. Recommended Action: To grant the application, with conditions 1 thru 7 of Hermosa Beach Municipal Code, Section 4-4. (k) Free Clinic Contract for Services: Memorandum from Gregory T. Meyer, City Manager, dated June 8, 1983. Recommended Action: To authorize -the Mayor --to execute the agreement. (1) NOON- _ (m) Resolution re -Authorization for Minutes of Council Closed Sessions pursuant to Government Code Section 54957.2. Memorandum from Gregory T. Meyer, City Manager dated June 9; 1983. Recommended Action: To enact resolution as being pursuant to Council discussions in closed sessions of April 26 & May 17, 1983. 2. PUBLIC HEARING RE. EXAMINATION OF CIVIL SERVICE TESTING. Memorandum from Gregory T. Meyer, City Manager dated June 8, 1983. 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC (a) Letter from Jim Rosenberger, 1123 Bayview Drive, requesting information re. Affordable Housing Fund. (b) Letter from Sandi Lott, Olguin Rutherford Realty., Inc. requesting City to sell property east of 654 - 1st Place. PUBLIC HEARINGS 4. PROPOSED USE FOR GENERAL REVENUE SHARING FUND FOR 1983-84. Memorandum from Gregory: T. Meyer, Ci-ty Manager dated June 102 1983. Pr6 City Council Agenda - June 14, 1983 5. REPROGRAMMING OF 8TH YEAR COMMUNITY DEVELOPMENT. BLOCK FUNDS OF $265,288. Memorandum from Planning Director Sapetto dated June,9, 1983. R-3 PROPERTIES USED AS PARKING LOTS. Memorandum from Planning Director Pamela Sapetto dated - June 7,,1983. 6b. 1ST. HEARING 'RE. 190-84 BUDGET. 6a. GRANT Pamela MUNICIPAL MATTERS 7. A RESOLUTION AMENDING SECTION 1 OF RESOLUTION 83-4572 TO. ALLOW LEGAL OWNERS OF RENTAL PROPERTY. IN THE 'IMPACTED AREA -THE OPTION TO PURCHASE ONE GUEST PERMIT PER UNIT. Memorandum from General Services Director Joan Noon dated May,31, 1983. •ti • ' 8. REQUEST TO POSTPONE THE JUNE 28TH HEARING ON STORER CABLE T.V. TOWER TO MEETING OF JULY 26TH. Memorandum from General Services Director Joan. Noon dated June 8, 1983. ON -STREET PARKING IN THE VICINITY. .OF THE 'HERMOSA BEACH COMMUNITY CENTER. Memorandum from Moneca Vance, Chairperson, Community • Center Advisory Commission,..and Community Resources Director Alana Mastrian datedne 2;'1983. 10. IDENTIFICATION OF CHANGES GOVERNING THE ALONG PACIFIC COAST HIGHWAY. Memorandum Pamela Sapetto dated May 31, 1983. 11. PROPOSED BALLOT MEASURES RE. NOVEMBER 8, a. Biltmore Site - Hotel Use b. Crossing Guard Maintenance Distri c. NS 211 - Modification re. marital for system d. Modification of Section 21-10 - hydrocarbon recovery C -POTENTIAL PROPERTIES from Planning Director 1983 GENERAL ELECTION: et. status on eligibility of City Code to allow on city -owned land. 12. CONSENT CALENDAR ITEMS PULLED—FOR--SEPARATE-DISCUSSION. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Activity Report (b) Tentative Future Agenda Items (c) Hermosa Beach citizens who died in military service (d) Police Department Informational Report; Target Crime Statistics, January thru April, 1983 (e) Police Department Informational Report; First Quarter Traffic Accident Review (f) Business License Computer Programming.iVorkload (g) Street Sanitation Expenses for Fiscal Year 1982-83. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) (b) (c) (d) League of Cities Executive Forum Upcoming Commission Vacancies Status Report from Sub -committee re. Schools. Status Report from Sub -Committee re. Railroad right-of-way 15. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE 16. OTHER MATTERS —CITY COUNCIL ADJOURNMENT "THE MAN WHO INSISTS UPON SEEING WITH PERFECT CLEARNESS BEFORE HE DECIDES, NEVER DECIDES.?? - - Henri Frederic Amiel AGENDA REGULAR MEETING OF THE HERMOSA BEACH .CITY COUNCIL Tuesday, June 14, 1983 - Council Chamber, City Hall Closed Session - 6:00 p.m. Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND It is requested that:; anyone who wishes to speak on any matter, please give their name and address for the record. Any complaints against the -City Council, City Management, or depart- mental operation ,will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION: Burglary Prevention Month - June, 1983 1. CONSENT CALENDAR: The following routine matters will be acted upon by one motion to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters). (a) Approval of Minutes: Regular meeting of the City Council held May 10, 1983 (submitted to Council on 5/18/83). Recommended Action: To approve minutes. (b) Approval of Minutes: Regular meeting of the City Council held May 17, 1983. Recommended Action: To approve minutes. (c) Approval.of.Minutes: Regular Adjourned meeting of the City Council held May 18, 1983. Recommended Action: To approve minutes. (d) ,Approval of Minutes: Regular Adjourned meeting of the City - Council held June 6, 1983. (Recommended Action: To approve minutes. City Council Agenda -- June 14, 1983 Consent Calendar (continued) (e) Approval of Minutes: Regular Adjourned meeting of the City Council held. June 8, 1983. Recommended Action: To approve minutes. (f) Demands & Warrants: June 14, 1983 Recommended Action: To approve Demands & Warrants Nos. through inclusive. (g) Award of Bid: Publication of City Advertising (Legal Notices) and Display Advertising. Recommended Action: To award contracts to Easy Reader. (h) Resignation:. Jack Revoyr, Community Resources Commission. Letter dated May 26/ 1983. Recommended Action: To accept resignation and authorize appropriate recognition. (1) Summons & Complaint: Orse L. Biggs, represented by Chuck Walker, Happy Trails Law Office, filed June 8, 1983. Recommended Action: To refer to this City's insurance carrier. (Note: This claim was denied and referred on 2/22/82). (j) Application for Permit to keep more than two household pets at 1051 Tenth Street. Recommended Action: To grant the application, with conditions 11thru 7 of Hermosa Beach Municipal Code, Section 4-4. (k) Free Clinic Contract for Services: Memorandum from Gregory WOOD ABSTAIN T. Meyer, City Manager, dated June 8, 1983. Recommended Action: To authorize the Mayor to execute the agreement. (1) triP.Wal (m) Resolution re. Authorization for Minutes of Council Closed Sessions pursuant to Government Code Section 54957.2. Memorandum from Gregory T. Meyer, City Manager dated June 9, 1983. Recommended Action: To enact resolution as being pursuant to Council discussions in closed sessions of April 26 & May 17, 1983. CONSENT CALENDAR APPROVED 5-0 2. PUBLIC HEARING RE. EXAMINATION OF CIVIL SERVICE TESTING. Memorandum from Gregory T. Meyer City Manager dated June 8 1983. RECEIVE AND FILE REPORT &'.IN FUTURE FOLLOW CIVIL "SERVICE RULES TO THE ,LETTER 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC (a) Letter from Jim Rosenberger, 1123 Bayview Drive, requesting information re. Affordable Housing Fund. (b) Letter from Sandi Lott, Olguin Rutherford Realty, Inc. requesting City to sell property east of 654 - 1st Place. PUBLIC HEARINGS 4. PROPOSED USE FOR GENERAL REVENUE SHARING FUND FOR 1983-84. Memorandum from Gregory T. Meyer, City Manager dated June 10, 1983. CONT. TO 6/28 FOR 2ND PUBLIC HEARING -2- .,i ty Council Agenda - June 14, 1983 REPROGRAMMING OF 8TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS OF $265,288. Memorandum from Planning Director Pamela Sapetto dated June 9, 1983. APPROVED 6a. R-3 PROPERTIES USED AS PARKING LOTS. Memorandum from Planning Director Pamela Sapetto dated June 7, 1983. RES. #83-4602 TO P.C. TO HAVE COMPLETE DETAILED REPORT .ON VIABILITY OF CUP PROCESS ADDED TO RES. 6b. 1ST HEARING RE. 1983-84 BUDGET. 6/21 BUDGET MEETING 6:00 P.M. - ALSO BALLOT MEASURES 6/22 BUDGET MEETING 7:30 P.M. 6/28 PUBLIC HEARING ON BUDGET MUNICIPAL MATTERS 7. A RESOLUTION AMENDING SECTION 1 OF RESOLUTION 83-4572 TO ALLOW LEGAL OWNERS OF RENTAL PROPERTY IN THE IMPACTED AREA THE OPTION TO PURCHASE ONE GUEST PERMIT PER UNIT. Memorandum from General Services Director Joan Noon dated May 31, 1983. ADOPTED RESOLUTION AS WRITTEN 8. REQUEST TU POSTPONETHE JUNE 28TH HEARING ON STOKER CABLE T.V. TOWER TO MEETING OF JULY 26TH. Memorandum from General Services Director Joan Noon dated June 8, 1983. POSTPONE HEARING TO 7/26 9. ON -STREET PARKING IN THE VICINITY OF THE HERMOSA BEACH COMMUNITY cip CENTER. Memorandum from Moneca Vance, Chairperson, Community 'Center Advisory Commission, and Community Resources Director A'lana Mastrian dated June 2, 1983. OPTION #2 CONTINUE ;TI60 DAYS STAFF-' INVESTIGATE:IMPACT; OF 'METER ;PROGRAM, 'SUGGEST :MI'I'•IGATIOI 10. 1DElrTIFICATION OF CHANGES GOVERNING THE C -POTENTIAL PROPERTIES ALONG PACIFIC COAST HIGHWAY. Memorandum from Planning Director Pamela Sapetto dated May 31, 1983. RES. 8344577 PROJECT #1 FOR•EIR & P.C. STUDY 11. PROPOSED BALLOT MEASURES RE. NOVEMBER 8, 1983 GENERAL ELECTION: a. Biltmore Site - Hotel Use CONT. TO 6/21 W/REVISIONS b. Crossing Guard Maintenance DistrictCONT. TO 6/21 c. NS 211 - Modification re. marital status on eligibility for system APPROVED FOR BALLOT d. Modification of Section 21-10 of City Code to allow hydrocarbon recovery on city -owned land. 11d. C.M. TO COME BACK WITH SPECIFICS NEXT MEETING 12. CONSENT CALENDAR"ITEMS PULLED"FOR SEPARATE DISCUSSION. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) (b) (c) (d) (e) (1 ) (g) 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) League of Cities Executive Forum BARKS TO ATTEND (b) Upcoming Commission Vacancies CONT. TO 6/28 (c) Status Report from Sub -committee re. Schools. FORUM SET 7/19 (TdR) StatusRRTTReport from Sub -Committee re. Railroad right-of-way BAY 1CITIES ORAL COIAnuNICATIONSH FRM DELEGATES - MATTERS AS BOOF AN URGENCY NATURE 16. OTHER MATTERS - CITY COUNCIL Activity Report R & F Tentative Future Agenda Items R & F. Hermosa Beach citizens who died in military. service Police Department Informational Report; Target Crime Statistics, January thru April, 1983 R & F Police Department Informational Report; First Quarter Traffic Accident Review R & F Business License Computer Programming.Workload IMPLEMENT Street Sanitation Expenses. for Fiscal Year 1982-83. R & F ** ADJOURNMENT DELEGATE - SCHMELTZER 1st ALTERNATE WOOD 2nd ALTERNATE BARKS 3rd ALTERNATE WEBBER 4th ALTERNATE BRUTSCH -3- ** 13c - CITY.ADVERTISE FOR VOLUNTEER HELP WITH APPROPRIATE CLUBS IN ORDER TO HAND SEARCH LISTS /4/- ~ -@tom. 77 r Beat/4 zw> mamas OF THE REGULAR.MEETINOF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, lune 14, 1983.in the Council Chamber, City Hall at the hour of 7:37 P.M. Closed Session: Council met at 6:08 P.M. and adjourned to a Closed Session.' Present: Brutsch, Webber, Mayor Schmeltzer Absent: ! Barks, Wood (excused absences) Wood arrived at 6:10 P.M., Barks at 6:25 P.M. 1 PLEDGE OF ALLEGIANCE - led, by Co u ncilmember Brutsch ROLLC ALL . . .. • 1 • - . . Present:. Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Absent: None PROCLAMATIONS - Burglary Prevention Month - 3 une 1983 - presented to Police Chief Frank Beeson. • -1 . City Manager Greg Meyer was presented with a birthday gift from the Council and was wished a melodious happy birthday from the Council and audience.. • Councihmember Barks was excused from the meeting at 7:42 P.M. to address the eighth grade graduating class at Valley School having himself graduated 27 years ago from that -school. 1. CONSENT CALENDAR ACTION - To approve the Consent -Calendar. Motion Webber, second Wood - Ayes - Webber, Brutsch, Mayor Schmeltzer, Wood who abstained • on item K Noes - None 'Absent - Barks (a) APPROVAL OF MINUTES - Regular meeting of the City. Council held May 10, 1983. ACTION - To approve minutes. • • (b) APPROVAL OF MINUTES - Regular meeting of the City Council held May 17, 1983. ACTION - To approve minutes. • (c) APPROVAL OF MINUTES - Regular Adjourned meeting of the City Council held May 18, 1983. ACTION --To approve minutes. _1_ Minutes 6-14-83 4 (d) APPROVAL OF MINUTES - Regular Adjourned meeting of the City Council held June 6, 1983. ACTION - To approve minutes. (e) APPROVAL OF MINUTES- Regular Adjourned meeting of the City Council held June 8,1983.. ACTION - To approve minutes. Demands & Warrants - lune 14,1983 ACTION -'To approve Demands and Warrants Nos.. through .010749 inclusiye. 010533' AWARD OF BID..- Publication of City Advertising (Legal =- Notices) and Display Advertising. ACTION - To award contract for: City Advertising (Legal) and Display Advertising to the EASY READER for the period of July 1, 1983 through June 30, 1984.. RESIGNATION. - Jack' Revoyr, Corrmun i ty 'Resources Commission. Letter dated May 26,. 1983. • ACTION -..To accept resignation and authorize appro- priate recognition. (i) SIMMONS & COMPLAINTS - Orse L. Biggs, represented by Chuck Walker, Happy Trails Law Office, filed June 8, 1983. ACTION - To refer to this City's insurance carrier. (j) APPLICATION FOR PERMIT- To keep more -than two house -- hold pets at 1051 Tenth Street. ACTION - To grant the application, with conditions 1 thru 7 of Hermosa Beach Municipal Code, ` Section 4-4. (k) FREE CLINIC CONTRACT FOR SERVICES - Memorandum from Gregory T. Meyer, City Manager, dated June 8, 1983. ACTION - To authorize the Mayor to execute the agreementwith the South Bay Free Clinic for the calendar year 1983 not to exceed $3,000.. Council - member Wood•.abstained. Withdrawn. RESOLUTION RE AUTHORIZATION FOR MINUTES OF COUNCIL CLOSED SESSIONS PURSUANT TO GOVERt' ENT (ODE'SECTION 54957.2... Memorandum from Gregory T. Meyer, City Manager, dated 3une'9, 1983. 4 Minutes.6-14-83 ACTION - To adopt Resolution No. 83-4601 entitled "Resolution of the City Council of the City of Hermosa Beach to Authorize Minutes for Council Closed Sessions Pursuant to Government Code Section 54957.2. The following item was heard later in the evening but appears here in sequence. 2. PUB4IC HEARING RE EXAMINATION OF CIVIL SERVICE TESTING. Memorandum from Gregory T. Meyer,.City Manager dated June 8, 1983. • . Present were Mr. Lee Paterson and Ms. Teresa Tracy, members of the .legal firm retained by .Council to prepare an opinion .on the subject. .. W. Paterson reviewed Altenatives 1 through 3 appearing on pages 11 and 12 of his report of April 19, 1983 entitled: "Civil Service Positions." Public Hearing was opened. Coming forward were..: Roger Creighton, 1101 2nd Street, who, at .various times during the hearing, posed a series of detailed questions of Mr. -Paterson (pages 8, 9, 11 and 12 of the report, among others). BoblVogel, Labor Attorney representing City employee members of Teamsters Local 911,, expressed the views of his clients urging Council to follow the third alternative. Wilma Burt, 1152 7th Street, questioned the "city's potential liability re wrongful termination suits." Rollie Murray gave background on the subject. The Public Hearing was closed. City Manager Meyer commented on the April 28, 1983 memoran- dum, from Personnel Administrator Smith to the effect that as of March 23, 1983 there has been full compliance with civil service testing procedures on the part of the City. There was lengthy councilmanic discussion on the first alternative re a "friendly • suit" for declaratory relief and other aspects of the opinion. ACTION - To thank Mr. Paterson and to direct the City Manager, in all employee dealings, to meet to the Letter the provision of the City's Civil Service Ordinance; and to continue in the future to conduct our hiring, firing and --3- Minutes 6-14-83 employee relations in conformance with People's Ordinance 'NS 211. Motion Mayor Schmeltzer, second Webber Ayes: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None FURTHER ACTION - To receive and file the report. Motion Wood, second Webber Ayes: Barks, Brutsch, Webber, Mayor Schmeltzer Noes: Wood PROPOSED ACTION To direct the City Manager and the City Attorney to prepare'a list of all employees who have been legitimately hired by the City throughan open, competitive examination initially and promoted by competitive examinations. Motion Wood, second Brutsch The City Manager expressed grave concern on the spirit and intent of the motion, dealing as it does with a possible issue of privacy and creating a non -constructive, divisive list of .employees, requesting.a comment of the City Attorney. I. --PROPOSED AMENDMENT- That the list be prepared and submitted to the City Council in Closed Session. Motion Wood, second Brutsch did not concur. Amendment not accepted. In the opinion of the City Attorney regarding the possible violation of privacy, although the proposed action above may not technically be a violation of privacy, the principal function of the civil service system is toinsulate the employees from the political 'process. Given the highly ' politicized nature of this issue, City Attorney Post felt that lists of affected employees would tend to havethe effect of defeating the civil service purpose. PROPOSED AMENDMENT - That the list of all current City employees be prepared, indicating the date of their open and competitive examination, and the date of all subsequent competitive examinations. Motion Wood, second Brutsch did not. concur. Amendment not accepted. VOTE ON PROPOSED ACTION ABOVE; Ayes: Wood Noes: Barks, Brutsch, Webber, Mayor Schmeltzer Motion fails MITTEN Oa MUNICATIONS PROVi THE PUBLIC Minutes 6-14-S3 (a) ;Letter from Jinn Rosenberger,: E123 B yvi,e« Drive, jrequesting information re Affordable Housing Fund. it o Rosenberger addressed the; Council regarding the, !intent and application of a recently adopted Ctounc i. 1. (Resolution (No.- 83-4589) whlch. abolished the Affordable Housing Fund and replaced Ttwith, .a. fund. called Conversion Fees. Council requested Mr`. Rosenberger to submit his, questions in writing, and to set up a meeting with the City Manager and City Attorney to pursue those questions Council will then ask staff -for a recon ariendatioti;r (b) Letter from Sandi Lott, tt., lgui:n Ru4:hr rford l<ea1tys TricG, requesting City to sell property east. of 654 .�-. 1st Place ACTION -.TO receive and file, - Motion Mayor 5chmeltzers second Wood. Sor ordered ACTION m To authorize the City Manager to reply as fol Tows g .That the property has long been in the ownership of the City, it is leased to -a business interest and the intent is to continue: this relat;i.on _._.. _ship in the. future the City Manager to insure that the price that the City is receiving for, this property is relative to the value of : the -lease. ._. Motion Wood second Mayor Schweitzer. Sct ordered,- PUBLIC HEARINGS- 4. INGS4. PROPOSED USE Fat GENERAL REVENUE SHARING PIM FM1983-34,. Memorandum from Gregory Te Meyer, City Manager Mated Junei4 1983. Supplemental information Memorandum from City Manager Gregory T. Meyer dated June: 132, 1983.' First of two Public Hearings.. City Manager Meyer presented the staff report which r,-ecorn mended allocations .totalling $120,000. Council members questioned the City Manager regarding the Police Pistol Range refurbishment and the possible funding of the range by local companies desiring to use the range, Public hearing opened No one came forward. Public Hearing continued to Council rrre>et;ing of: Jirrr:e 28� 1983, ACTION To continue the Public Hearing on- the Proposed Use for ;General Revenue Sharing Fund for 19a3 -m, Minutes 6-I4-83 Motion Mayor Schmeltzer, second Brutsch Ayes: Brutsch,. Webber, Mayor Schmeltzer Noes: None Abstains:` Wood Absent: Barks NOTE: ITEMS 5, 8 AND 9 WERE VOTED UPON LATER IN THE EVENNING UNDER ITEM 12. IN THE INTEREST OF CONTINUITY, THE, ACTIONS APPEAR IN CONSECUTIVE ORDER. 5. REPROGRAMING OF 8TH YEAR C MJNITY DEVELOPMENT Bim. GRANT FUNDS OF $265,288. Memorandum from Planning Director Pamela Sapetto dated. 3une 9, 1983. ` City -Manager Meyer presented the staff report. Public Hearing opened.: Comingforward was Wilma. Burt, 1152 7th Street objecting to the bid for the auditorium restoration. Public Hearing elosed. PROPOSED ACTION To approve the staff recommendation , for the reprogramming of the 8th year.funds as follows: (1) The purchase of school district property located at 702 Eleventh Place; adjacent to the"ConTnunity Center: $174,000.00. (2) Completion of the auditorium restoration project: $91,288.00. Motion Mayor Schmeltzer, second Brutsch Ayes: Brutsch Noes: Webber,.Wood, Mayor Schmeltzer Absent:. .-Barks Motion fails ACTION To use $174,000 of the 8th Year Community Develop- ment Block Grant Funds to purchase the School District property located at 702 Eleventh Place adjacent to .the Community Center. Motion Brutsch, second Webber Ayes: Brutsch, Webber, Mayor Schmeltzer Noes: Wood Absent: Barks ACTION To bring Recommendation 2 of the Reprogramming. of the 8th Year Community Development Block Grant Funds back later in the meeting. Motion Mayor Schmeltzer, second Brutsch ACTION - To reconsider the previous action on Recommendation 2 as.stated above. Motion Mayor Schmeltzer, second Barks Ayes: Barks, Brutsch, Webber, Mayor SchmeItzer Noes: Wood RAI tic§ G _ 1 It _ 4 'x ACTION - To reprogram $91,288.00 or .40% of the Corrrriun i ty Development Block Grant Funds to the Auditorium Restora- tion project. Motion Mayor Schmeltzer, second Brutsch Ayes: Barks, Brutsch, Mayor Schmeltzer Noes: Webber, Wood. 6.a. R-3 1PROPI.RTIES USED AS PARKING LOTS. Memorandum from Planning Director Pamela Sapetto dated June 7, 1983. Supplemental information Letter from Edna Lehman dated June 13, 1983.. Planning Director Sapetto presented the staff report and answered questions of the Council regarding sign size, R3 and'R-P zones and intent of the parking ordinance for the Multi -Use Corridor. Public Hearing opened. Speaking. was Wilma Burt, 1152 7th Street drawing attention to the fact that there are houses along the highway even though itis a multi -use corridor and feels this ordinance should not be the entire multi -use corridor but only lots that are adjacent to a business:.• Public Hearing closed. ACTION - To draft='-'a.,Resolution ...of Intention (83=4602)a to send back to the Planning Commission for a complete and detailed report regarding the advisability of extending thejConditional Use Permit process to the allowing of parking on residential parcels in all zones in the City. Motion Wood, second Mayor Schmeltzer (discussion) Ayes: Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None Absent: Barks 6. b. 1ST' HEARING RE 1983-84 . BUDGET. City Manager Meyer stated that the'. Budget is not available this evening but will be available for the following meetings: Tuesday, June 21, 1983 - Meeting on Budget at 6:00 P.M. Wednesday, June 22, 1983 - " " " at 7:30 P.M. Tuesday, June 28, 1983 - Budget will be Agenda item at City_Council Meeting - 7:30 P.M. ACTION - To continue the first and only hearing of the Budget for 1983-84 to the regular City Council meeting of June 28, 1983. Motion Mayor Schmeltzer, second Brutsch. So ordered. 4 Minutes 6-14.83 MUNICIPAL MATTERS 7. A RESOLUTION AMENDiNG" SECTION 1 OF RESOLUTION 83-4572 TO ALLOW LEGAL ClifNERS OF RENTAL PROPERTY IN THE IMPACTED AREA. THE OPTION TO PURCHASE ONE GUEST PERMIT PER UNIT.. Memorandum from General Services Director Joan Noon dated May 31, 1983. ACTION - To adopt Resolution 83-4603 entitled: A Resolution of the City Council of the City of Hermosa Beach, California Amending Section 1 of Resolution 83-4572 by Adding Paragraph. (b)Al lowing the 'Legal' Owners of Rental Property, in the Impacted Area, . the. Option to. Purchase, One Guest Permit per - Unit: Motion Wood, second Brutsch Ayes: Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None Absent:.. Barks PROPOSED ACTION - Staff to identify the potential problem of issuing permits to both owners and residents` and prepare a .resolutionthat .addresses that problem. _ Motion Wood,. nosecond. 8. REQUEST TO POSTPONE THE JUNE 28Th HEARING ON STORER CABLE T.V. TOMER TO MEETING OF- JULY 26Th. Memorandum from General Services Director 3oan'Noon dated June .8, 1983.. , ACTION - To continue this item to 12.a..'• Motion Wood, second Mayor Schmeltzer. So ordered.. ACTION To postpone the hearing on the Storer Cable T.V. Tower to the regular City Council meeting of July 26, 1983. Motion Mayor Schmeltzer, second Barks Ayes: Barks, Brutsch, Mayor Schmeltzer Noes: Webber, Wood . ON -STREET PARKING IN THE VICINITY OF THE I COMMUNITY .CENTER. . Memorandum f rom Chairperson, Community Center Advisory Comni M Community Resources Director Alana astrian June 2, 1983.. City Manager Meyer presented the staff repor questioned regarding the impact this parking would have on the tennis program and-busines vicinity of the Community Center due to lack .IIMDSA BEACH Moneca Vance, ssion, and dated t and was system ses in the of parking. PROPOSED ACTION - To send_back to staff for an overall parking planfor thearea to be made available within 30 days. Motion Brutsch, second Mayor Schmeltzer Withdrawn with concurrence of second -8- Minutes 6-14-83 ACTION - To continue this item to 12.b. Motion Wood, second Mayor Schmeltzer. So ordered. ACTION - Within the next 60 days, staff to investigate thelimplications of the parking meter program at the Community Center and report back to the City Council the effects and possible detrimental results and suggest mitigating measures. Motion Mayor Schmeltzer, second Brutsch Ayes: Barks, Brutsch, Webber, Mayor Schmeltzer Noes: Wood 10. IDENTIFICATION OF CQ-IWNGES GOVERNING THE C -POTENTIAL PRO- PERTIES ALONG PACIFIC COAST HIGHWAY. Memorandum Pram Planning Director. Pamela Sapetto dated May 31, 1983. Planning Aide Mercado presented the staff report and responded to questions from Council regarding non -conforming building use, approval process and definition of C -potential. properties. ACTION - To return to the staff with special emphasis on Possible project (1) under Analysis to modify the C- __ potential process, redefine C -potential properties. potential properties adjacent to C-3 would automatically have right to rezone to C-3, but project itself would require submittal of specific plan and approval by the Planning Commission. Once the project is approved by the City Council, the next step would be an environmental review by,the Board of Zoning Adjustments. Motion Wood, second Webber Ayes: Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None Absent: Barks 11. PROPOSED BALLOT MEASURES RE NOVEMBER 8, 1983 SPECIAL ELECTIi City Attorney Post presented the staff report and discussed the proposed ballot measures delivered to Council members this date as follows: •a. Biltmore Site - Hotel Use ACTION To continue this item to the meeting of June 21, 1983 at 6:00 P.M. Motion Wood, second Webber. So ordered. b. Crossing Guard Maintenance District ACTION - To continue this item to'the meeting of June 21, 1983 at 6:00 P.M. Motion Wood, second Webber. So ordered. Minutes 6-14-83 Councilmember Barks returned to the dais at 9:15 P.M. after an. excused absence. c. NS 211 - Modification re marital statuson eligibility for system. City Attorney Post presented the staff report. ACTION - To approve "An Ordinance of the City of Hermosa Beach Submitted to the Voters by the City. Council Amending Section 2-25 of Article III, Civil Service, to Provide for Personnel Rules to Reasonably Regulate the Working of Spouses in the Same Department, Division, .or'.Facility" as to form and instruct the .City Clerk to place .it- on the ballotas written with the exception of line 11 to read. "...periodic revision of personnel rules..." and instruct the City Clerk to take appropriate, action to put the measure before the. electorate. Motion Wood, second Mayor Schmeltzer Ayes: -Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None • Prior to the vote, Wilma Burt reiterated her contention that N.S. 211 .should not be amended'.' - " -Alter the vote; Roger Creighton questioned the concept of "reasonable rules and regulations.": City Attorney. Post noted that the nepotism rule is formulated by the Personnel Officer and Civil Service Commission under this proposed ordinance. • Modification of Section 21-10 of City Code to allow hydrocarbon recovery on city -owned land. City Attorney Post' made the staff presentation. Council questioned safeguards as to limiting areas of drillsites, encroachment on property rights, status of drilling at maintenance yard (City does not have oil rights), lack of controls and specificity in proposed ordinance, acceptability to electorate, relationship to railroad right-of-way and allowable use of funds for potential drilling. City Manager Meyer noted that the City owns three parcels adjacent to current drilling sites (Bi Centennial Park, 1st. Street•. and 4th Street). PROPOSED ACTION To.approve asto form the proposed ordinance with the following changes starting at line 13 to read: "for wells in actual operation or Minutes' 6-14-$3 4 -10- .p upon city -owned land within the City only in a manner consistent with the General Plan of the City and located at least 100' (150') from any residence. Motion Wood, second Webber. This motion was later withdrawn by maker with the concurrence of the second. City Attorney Post commented on the Redondo Beach Oil Ordinance. This legislation createdan exception to the ban on oil drilling in the form of a specific con- tract which was submitted to the voters for approval of a particular area. PROPOSED ACTION - To direct that staff, with some out- side assistance,address the questions raised tonight. A potential ordinance is to be drafted that seeks to do something to maximize the general revenues of the City.. Ordinance to have clearly stated purpose on how to achieve, where. best to achieve (with report) and suggested language for an oil ordinance to be submitted to the Council at the earliest possible .time. An :.amount. not to exceed $5,000 is to be allocated to j that end.. Motion Schmeltzer, second Barks. PROPOSED SUBSTITUTE MOTION To approve as to form the proposed ordinance with the following changes starting_ at line 13 to read: "for wells in actual operation or upon city -owned land within the city only in a manner consistent with the General Plan of the City and located at least 100' (150') from any residence, with the added requirement that the oil developer file a full EIR and CUP. (Underlining denotes amendment to proposed action above.) Motion Wood, second Webber Ayes: Webber, Wood Noes: Barks, Brutsch, Mayor Motion fails. Schmeltzer- ACTION - To direct the City Manager to come back with a report addressing the questions raised by Council this evening - rules and regulations limiting oil well drilling, size of city -owned parcels, two or three alternative ordinances, site specific and further restrictions, oil field rights and royalties. Report to come back next meeting of City Council. Motion Brutsch, second Webber Ayes: Brutsch, Webber, Wood Noes: Barks, Mayor Schmeltzer° :A recess !was declared at 10:.18 'P.M. Reconvened at 10:30 P.M. • Minutes 6-14-83 12. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION None 13. MISCELLANiOUSMI ITEMS.AND REPORTS - CITY MANAGER (a) Activity Report - dated June 10, 1983 ACTION - To receive and file. Motion Wood, second Webber. So ordered. (b) Tentative Future Agenda Items ACTION - To receive and file. Motion Wood, second Webber.: So ordered.. Hermosa Beach citizens who died in military service. ACTION (1) That the City of Hermosa Beach advertise for help from appropriate groups to establish the names of all veterans who may have died in conflicts prior to Korea in the service of their country. (2) That the City of Hermosa Beach establish, a• memorial fund to be kept by the Treasurer to receive donations for the creation ofa memorial. (3) That the City Council forma subcommittee to begin' activities for the creation of a memorial for said veterans from the City. of Hermosa Beach who have given their lives in the service oftheir country. Purview of said committee to include but not be limited to the creation of a memorial sketch or design contest in contact with the Hermosa Beach Chamber of Commerce for initial funds and support of the program._. Motion Wood, second Webber Ayes: Barks, Brutsch, Webber Noes: None Wood, Mayor Schmeltzer ACTION - To appoint Councilmember Jack Wood to serve as a committee of one to shepherd this project to its completion. Motion Mayor Schmeltzer, second Webber. So ordered. (d). Police Department Informational Report; Target Crime Statistics, January thru April, 1983. Memorandum from Frank Beeson, Chief of Police dated June 3, 1983. ACTION - To receive and file. Motion Webber, second Mayor Schmeltzer. So ordered. (e) Police Department Informational Report; First Quarter Traffic Accident Review. Memorandum from Frank Beeson, Chief of Police dated June 3, 1983. -12- Minutes 6-l4-83 (f) ACTION - To receive and file. Motion Webber, second Mayor Schmeltzer. o ordered. Business License Computer Programming Workload. Memorandum from Ronald D. Simmons, Fire Chief, dated. 3une 3, 1983. PROPOSED ACTION - To receive and file. Motion Wood. Motion withdrawn due to lack of second. ACTION - To implement staff recommendation that the business license renewals be programmed for renewal at a rate of 8.3%.of our total volume, each month of the year. Motion Mayor.Schmeltzer, second Barks. Ayes: -Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None Street Sanitation Expenses for Fiscal Year 1982-83. Memorandum from Charlie Clark, Director of Public Works dated June 8, 1983. ACTION - To. receive and file. 1 Motion Wood, second Mayor Schmeltzer•» So ordered. 14. -MISCELLANEOUS ITEMS AND REPORTS , -- CITY COUNCIL (a) League of Cities Executive Forum. Memorandum from (b) City:Manager Gregory T. Meyer dated May 26,-1983. ACTION - To authorize attendance of Councilmember• Barks at the League of Cities Executive Forum July 20-22 at the Hyatt Del Monte, Monterey, the cost to be borne by the City. Motion Mayor Schmeltzer, second Barks Ayes: Barks, Brutsch, Webber, Mayor Schmeltzer Noes: Wood Upcoming Commission Vacancies. Memorandum from City Clerk Charlotte Malone dated June 1, 19831. PROPOSED ACTIONN - City Attorney Post to prepare an ordinance to modify the number',of City Planning Commissioners from seven to five, effective as soon as possible Motion Wood, second Webber (discussion). Ayes: Wood Noes: Barks, Brutsch, Webber, Mayor Schmeltzer - Motion fails Nomination - Leslie Newton to fill the Loosli vacancy on the Planning Commission Councilmember Brutsch -13- Minutes 6-14-83 Following lengthy discussion on the absence of appIi.- cations for upcoming vacancies on said commissions, the action below was taken: ACTION - To defer to City Council meeting of 3une 28, 1983. Motion Webber, second Brutsch. So ordered. • (c) Status Report from Subcommittee re Schools - Memoran- dum from City Manager Gregory Meyer. dated June 14, 1983 - Mayor Schmeltzer Mayor Schmeltzer reported on the Saturday meeting of the Subcommittee when the concept of zoning and re- zoning of properties was discussed in addition to the conceptual plan. yd (d) ACTION - To authorize the Subcommittee to conduct a public forum on the concept of the master plan for school properties, as embodied. in the lune 14 memo, on July 19 at the Kiwanis Building. The public will. be invited and in addition, special mailings area to be made to people in the community who have expressed an interest or concernand public leaders, plus advertising in the public newspapers to insure a good turnout. Expenditures to be authorized in cooperation with the School District.not to exceed $500.00 toprepare materials for that meeting, the materials to be prepared in a timely fashion so that they can be distributed two weeks prior to this. meeting. Mayor Schmeltzer stressed that the Public Forum is for informational purposes only and no action will be taken at that time. Motion Mayor Schmeltzer, second Brutsch Ayes: Barks, Brutsch, Webber, Mayor Schmeltzer Noes: Wood Prior to the vote, City Attorney Post was asked for an opinion by.Councilmember Wood regarding his possible attendance at the subcommittee meeting with regard to the Brown Act. He was advised that the Brown Act was still in effect but since he would be there as an observer and a private c'i'tizen and since the public would be invited, he saw no problem. Status Report from Subcommittee re Railroad Right -of - Way - Memorandum from Director of Public Works Charlie Clark dated 'June 10, 1983 - Counci lmemb.er Wood Councilmember Wood reported'on`the subcommittee meeting which was deemed unsuccessful because of the absence of a representative from the City of El Segundo. He expressed the need to appoint a delegate tothe Bay Cities Transportation Authority. 4 Minutes 6-14-83 -14-. ACTION - To appoint Mayor Schmeltzer as the delegate to the Bay Cities Transportation Authority with the following noted as alternates: 1st Alternate - Wood 2nd Alternate - Barks 3rd Alternate - Webber` 4th Alternate - Brutsch Motion Mayor Schmeltzer, second Wood Ayes: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None ACTION To approve the following guidelines which are suggested to serve as an outline for the delegate's responsibilities (items 1-3 and 6-7 of the Director of Public Works memo dated June 10, 1983) as follows: 1.The delegate and alternate shall be current service members of the City Council, and will serve at the Council's pleasure. 2. The delegate shall represent the City in all matters related to the Authority. It will be the delegate's responsibility to represent the con- - sensus,of on- sensus•.of the City Council at all Authority functions. Delegate to advise Council regarding all policy decisions that would commit the City in all time or monetary matters so that a consensus can be provided. 3. Following each Authority meeting, delegate to provide progress report -and update on all items discussed. 6. All monthly Authority correspondence including agendas, reports, and monthly treasurer's reports shall be submitted to the City Council. 7. Delegate and alternate to be elected or removed • by a majority vote of the City Council. Motion Mayor Schmeltzer, second Barks Ayes: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer Noes: None 15. ORAL C OMUN I CAT IONS FROM PUBLIC - MAT "ERS OF AN URGENCY NATURE Robert Currie, 1509 Monterey Boulevard - Spoke regarding school closings and the time allocated for discussion of specific agenda items. 16. OTHER, MATTERS - CITY COUNCIL Mayor Schmeltzer issued a challenge to the City staff to play a game of softball. The staff was requested to select Minutes 6-14-83 .15- a delegate to meet with Counciirnember Brutsch at a con- venient time to set up rules and regulations, time and date. It was suggested that Charlie Clark be appointed the staff delegate. AD3 - On the order of the Chair,this meeting was adjourned on Rine 15, 1983 at the hour of 1:02 A.M. to a regular adjourned meeting at 6:00 P.M. on 3une 21, 1983 for a closed session, ballot measures and budget workshop session.' 4 Minutes 6-I4-83 Honorable Mayor and Members City Council Meeting of of the City Council 'June 14, 1983 TENTATIVE FUTURE AGENDA ITEMS June 28, 1983 General Revenue Sharing - 2nd hearing Plan of action for outside assistance to Finance Administrator Award of Bid Auditorium Rehabilitation Budget Hearing Condominium conversion project July 12, 1983 Conversion standards update - Appletree Report on computerization of City Treasurer VPD implementation trust funds, including Report...onicomputerization of investment accounts, time certificates of deposit, savings accounts and special bank accounts July 26, 1983 Storer Public Hearing Regarding Tower September .27, 1983 Data on Land Use Element Work Program including housing element modification Gregor�/T.Ieyer City 036 Honorable Mayor and Members of the City Council ACTIVITY REPORT June 10, 1983 City Council Meeting of June 14, 1983 The City sponsored Recycling program commenced on June 4. Volume was greater than usual and the operation's logistics were satisfactory. The Memorial Day Weekend Fiesta went well under the revised traffic pattern. The Jazz Festival was well received and may become an annual event. o The Big Brother 5K Run will be held in Hermosa Beach on. June 19; the Summer Recreation program commences July 5 and the Friends of the Arts will hold their first Weekend Market at the Community Center on July 15 and 16. Greg Meyer City Manager GTM/ld IF Q l June 8, 1983 Honorable Mayor and Members City Council Meeting of the City Council of June 14, 1983 FREE CLINIC CONTRACT FOR SERVICES At your meeting of May 17. 1983, your Honorable Body agreed to the establishment of a contract with the South Bay Free Clinic for calendar year 1983 not to exceed $3,000. That document has now been prepared and is ready for approval. It is recommended that your Honorable Body authorize the Mayor to execute the above agreement. GTM/ld Attachment OxO'�c�":11&124 GrePanagz y T.e er Cit 4K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT, made and entered into this 14th day of ,T,,,,,, 1983, in the City of Hermosa Beach, California by and between the CITY OF HERMOSA BEACH, a municipal corporatio. hereinafter referred to as "CITY" and SOUTH BAY FREE CLINIC, a non-profit organization, hereinafter referred to as "CLINIC": .a T m w, v o O a m v WHEREAS, CLINIC is a non-profit organization which provides a wide range of health care and legal services. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: p That the CITY agrees to fund CLINIC for calendar year 1983 in an amount not to exceed $3,000. II CLINIC agrees, in consideration.of the aforesaid covenants, that CLINIC shall A) Match the $3,000 on a dollar for dollar basis by new donors. B) Give preferential priority assistance to Hermosa Beach residents in the areas of general medical care, family planning counseling and treatment, podiatry, dentistry, legal advisement, community health education and short-term psycholog- ical counseling. C) Report quarterly to CITY on monies raised and services performed. 1 2 3 4 5 6 7 3 9 10 11 12 13 14 75 16 17 18 19 20 21 22 23 24 25 26 27 28 III The office of the City Manager shall be administra- tively responsible for all CITY obligations. CLINIC is an independent non-profit organization and shall have no right or authority to bind or obligate the CITY in any manner whatsoever. IV CLINIC shall hold the CITY free and harmless from any and all liability and claims for damages by reason of any injury to any person or persons, including but not limited to, the CLINIC, or to property of any kind whatsoever and to whom- soever belonging, including, but not limited to the CLINIC, from any causes whatsoever in connection with the activities of CLINIC. IN FATNESS WHEREOF, the parties hereto have executed this Agreement the /3 _xZ day of , 1983. ATTEST: CITY OF qERMOSA BEACH, a municipal corporation ., VIVO 7- APPROVED AS TO FORM: CITY ATTORNEY CLINIC 19 f 1 !r.. Ile - b- ' June 81, 1983 Honorable Mayor and Members City Council Meeting of the City Council of June 14, 1983 EXAMINATION OF CIVIL SERVICE TESTING. Recommendation It is recommended that your Honorable Body, after consideration of the public hearing, reaffirm the propriety of the City's several actions in it's recent extensive testing program to fully examine for all permanent City positions. Background Over the last several years Hermosa Beach citizen Roger Creighton and several others have questioned the propriety of the City's actions regarding civil service testing or lack thereof. Attached is a copy of several documents delineating this matter. The City Council has thoroughly examined this matter in consulta- tion with the City Manager/Personnel Officer. In addition, a formal analysis has been made by: City Attorney Charles J. Post Attorney Lee Patterson of Richards, Watson, Dreyfuss and Gershon Richard P. Raymond, Chief, Appeals Division, Los Angeles County Personnel Department Analysis The City has long acknowledged that for a period of time in the 1970's there were not adequate civ4-1 service tests. -In particular this occurred in other than public safety positions. Commencing in 1980, this deficiency was "cured" through the administration of testing under the auspices of the Los Angeles County Personnel Department. The results of each such examination were then certi- fied by the Hermosa Beach Civil Service Board. As of March 23, 1983, all full time City employees have been civil service tested and appointments made from certified eligible lists. Petitioner Creighton urges that a new series of examinations be conducted in which there would be open examinations requiring ' County -wide recruitment. In the opinion of staff this is unnec- essary, unwarranted and could result in extensive employee gener- ated litigation at considerable expense to the City. It is estimated that duplicate testing would cost in excess of $25,000. All permanent positioned employees have been professionally tested by an outside agency. We are not aware of any challenge of the integrity of the examinations themselves. Rather, petitioner urges that the results of promotional competitive examinations be rendered null and void. The facts, as described in the attached documents, do not support such a proposed action. GTM/ld Grego Tjlleire, Cit Ma -ager cc: All Department Heads APRIL 28, 2983 TO: Gregory T. Meyer, City Manager FROM: Carolyn Smith, Personnel Administrator RE: Civil Service Testing As of 3/23/83 all of our full time employees have been given a Civil Service test and have been appointed from a certified eligibility list. Respectfully submitted r1 ' Carolyn SbaTth Personnel Administrator •Spaspus;s 90TA19S ITATO ;aaw Aaq; ;sq; aansuT o; pasog aoTAI@g jiAiO 6;uno0 saja2uy soZ aq; g2noaq; pa;sa; 2uiaq aas saaSojdwa 2uT4sixa jjs pus 'sajna 901AADS ITATO O; 2uipa000E paaiq 2uiaq aaE saa6ojdwa mau jjy •wa;s6s aoTAl@S ITATO aq; paaa;ua-aa aAEq spsaq ;uaw;aEdap 1TE ;Eq; ST 6spO; paA[ona ssq ;T sE uoT;En;Ts aq; ;EL[; 6jjs7E4TUT a;ou o; ;uE;sodwT sT ;I saoTAsaS siaq; ao; ;uawRsd o; pal;T;ua ;OU pus saaSojdwa 6;To ;OU aaE ,faq; .4 -CLI; Mojjo; AjjasssaoaU-;OU saop ;T 'suoisinoad ao TAsaS ITATO apoo IsdToiunw aq; o; 2uTpaoaOE paaTq 6TTsT;TUT ;OU aaam spsaq ;uaw;asdap pus saa6ojdwa 6usw ;sq; 'uoissnosip ;o sasodand aq; ao; '2uTwnssy •waq; o; pTsd Ajaadoadwi uaaq ssq Aasjss aai;ua aiaq; ;sq; pus saa6ojdwa A;To ;oE; UT ;ou aaE suoisinoad aoTAaaS ITAiO apoo jEdioiunw aq; ;o aa;;aj aq; o; 2uipa000s paaTq IOU saaSojdwa TIE ;ELj; ;uawn2aE aq; o; umop STToq uOT;ua;Uoo s,uo;g2TaaO 'aW -ssaooad aa;uoo pus ;aaw aq1 TO aons,T UT apTss has aaam suoisinoad aoTAaaS ITATO apoo Tzdioiunw aq; ;o saanpaooad uoT;Oajas aq; pus 'sn;E;s aoTAsaS ITATO woa; panow -aa 2uiaq ;o uoT;do aq; uaAT2 aaam spsaq ;uaw;asdap 'uoT;TppE ui - •suoT;sjaa aogsj ;o s;oadsE Tjs paaanoo goTqm saaSojdwa s;T q;Tm 2uipus;saapun ;o swnpusaowaw o;uT 2uTaa;ua 6q ;oy umoaS-ssijTw -saa&all aq; pa;uawajdwi A;To aq; 'suot;Ejaa aogEj ;o saa;;Ew rano 6;To aq; q;Tm aa;uoo pus ;aaw o; uoT4Tu2ooaa ;g2nos saa6ojdwa sy •(L004b 'oaS apoo •;Aoo) aoTAaaS jTATo woa; spsaq ;uaw;asdap d;To awi; jjn; aEjn2aa so jsnowaa aq; aziaoq;nE o} pa2usgo SEM Swa;s6S aoTAaaS ITATO gsTjgE;Sa o; sai;To saamodwa goTqm MEj a;s;S aq; OL61 uT 'osjy •swa;sss aoTAaaS TTATO aosjdaa uEq; aaq;Ea uaq;2uaa;s o; p9u2isap sEm ;od aq; ;Eq; ;oa;;a aq; o; (OOS£ 'oaS aPOO •;AOo) ;OV UMOag-SVTTTK -saa&aK aq; ;o a2En2uEj aq; a;Tdsap &-[Tsa9ua2 swa;s6s aoinaas ITATO ;o sn;E;s aq; ;nogE 6;uis;aaoun pa;Eaao sshl aaaq; '8961 UT ;oy umoag-sETjTW-saaAaK aq; ;o uoT;dopE aq; aa;;s ETuaO;TTEO uT psaadsappA awEoaq 2UTUTE2asq ani;oajjoo saaSOTdwa oTjgnd uagA •ajgisua;ap 6jjs2aj pus ajgsuossaa aaE saa6ojdwa 6;To uTE;aao so sn;E;S aoinaaS ITATO au; a;EpTjsA o; 2;TO aq; 6q p@Aojdwa 2uiaq saanpaooad. aq; ;Eq; uoiuido Aw sT ;T 'mojjo; goTqm suossaa aq; zog -(bas ;a £Z -Z 'oaS OWWH) aoUsuTpaO aoinaas ITATO aq; ;o uoT;E;uawajdwi 2uipaE2aa uoT;oE U E;aao tui;sanbaa pus suoT;sanb 2uisTEa suazT;To woa; saa;;aj TEaanas paniaoaa aAEq noj saasojdwa 6;To UTE;aao ;o sn;E;S-aotnaas ITATO :loafgnS 6auao;;y 6;TO ;sod •r sajasgO :W02i3 jTounoo 6;Tb aq; so saagwaW pus ao&ew :O,L 2361 'LT AaEnaga3 Page 2 Civil Service Status 2/17/82 The Civil Service ordinance (HBMC Sec. 2-23 et seq) was enacted in 1960 by initiative. Its purpose is, first, to establish an equitable and uniform system for the selection and promotion of employees on the basis of merit, experience and record, and, second, to provide worthy officials and employees reasonable security in the retention of their respective positions and offer them an opportunity for advancement according to merit. These purposes are implemented through the development of Civil Service rules by the personnel officer and a Civil Service Commission. The testing process being utilized now for all employees whose method of hiring is suspected of being defective promotes the purposes.of Civil Service better than simply terminating the employees and hiring a new city work force. The validating process is uniform and equitable to the employees who should be presumed to be blameless in relation to any defects in their own original selection. The principal tool of the selection, testing, is being developed and applied by an independent Los Angeles County Civil Service Board. The city may now also measure actual work performance. In addition, the validating process obviously promotes the other principal purpose of the Civil Service ordinance, that of security and opportunity for advancement, by validating the Civil Service status of existing employees. On the other hand, morale, productivity, and continuity would un- doubtedly all suffer if the affected employees were simply term- inated. It is unlikely that employees of greater merit, experience or record would be selected, and the affected employees would --suffer loss of security and an opportunity for advancement. It is also reasonable to assume that some of the -terminated employees would seek to regain their jobs through litigation. It is my opinion the validating process being utilized by the city is the more defensible technique for restoring or establishing Civil Service status for existing employees. Respectfully Submitted, c_ ��llt CGS J- Charles J. Post City Attorney RICHARDS, WATSON, DREYFUSS & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH NOPE STREET LOS ANGELES. CALIFORNIA GOOTI 12131 626y6184 CABLE ADDRESS RICMWAT O. COVni4 Ap r i l 19, 1983 DIESER} DRCYFUSS. INC. RONALD ".GREENBERG •RRIO�pRbIPPW10� .TAMES N. HERBERT Members of the City Council City of Hermosa Beach Civic Center 1315 Valley Drive Hermosa Beach, California 90254 Re: Civil Service Positions Dear Mayor and Members of the City Council: You have requested our opinion regarding the validity of removing department heads from the City's civil service system, and appointing approximately 80 other employees without complying with civil service requirements. These issues are the sublect.of considerable concern on the part of several residents, who have indicated that they intend to challenge the City's actions in court and to ask the court to impose personal liability on members of the City Council for reimbursement to the City of compensa- tion paid to employees found to have been appointed in violation of the City's civil service rules and regulations. The residents are.not only questioning the status of the department heads but also that of many other employees including police officers, clerical staff, and maintenance workers. FACTUAL BACKGROUND Our opinion is based on the following facts provided by the City: TRT27-2B Members of the City Council April 19, 1983 Page Two On June 7, 1960, through the initiative process, the electorate of the City approved the creation of a civil service system to cover all City employees, excluding only elected officials, appointed commissioners, volunteers, emergency, and part-time employees. This ordinance contains no provisions for the withdrawal of department heads or for the amendment of the ordinance. In 1970, the State Legislature amended Government Code Section 45007 to allow positions to be removed from civil service by either a 2/3 vote of the electorate or by a majority vote of the City Council by adding a clause which provided: . . regular full-time city department heads may be withdrawn by a majority vote of the City Council." Thereafter, the City Attorney forwarded a memorandum to the City Manager stating that in his opinion the City Council could not remove positions from the civil service system because the system was adopted by initiative. The City Attorney concluded that the removal of such positions could only be done by submitting the matter to the voters. Nevertheless, in January 1974 the City Council passed Resolution No. N.S. 3280, which retained then -current department heads in the civil service system but gave those who might be appointed in the future the option of being -- employed under the City's civil service system or under a Memorandum of Understanding ("MOU"1 with.the Hermosa.Beach Management and Middle Management Employees' Association. In addition, several employees who had been hired on a temporary, non -civil service basis were promoted to civil service positions after successfully completing a closed examination. Following the adoption of this resolution several new department heads were appointed and chose to be governed by the MOU. In early 1975, the City's actions were considered by the Office of the Attorney General, which' reached the same conclusion as the City Attorney, i.e., because the civil service system had been adopted by initiative, positions could only be removed from that system pursuant to a vote of the electorate. In the meantime, department head positions continued to be filled by appointment and many if not all of the appointees signed a waiver of any civil service rights. ,. TRT27-3B Members of the City Council April 19, 1983 Page Three In January 1979 the City Council received an opinion from the City Attorney stating that if the Council wished to return future department heads to the civil service system, it should exempt the then -current depart- ment heads who were not civil service employees, or allow them to choose whether to return to the system. In May 1981 the City received an opinion from the Office of the Legislative Counsel, which concluded that the City Council was not able to remove department heads from the civil service system without receiving the 2/3 vote of the electorate specified in Government Code Section 45007. In February 1982 the City Council received an opinion from the City Attorney, who noted that all new employees, including the department heads, were being hired according to the civil service rules, and that each existing employee whose method of hiring was suspect was being tested through the Los Angeles County Civil Service Board to ensure that he or she met civil service standards. DISCUSSION This matter raises numerous procedural and sub- stantive issues. Each issue must be analyzed before deciding on a course of action. 1. Standing to bring lawsuit. The first question is whether the taxpayers would have the standing, or the legal ability, to bring a suit against the City. In order to have standing, the courts have required plaintiffs to have a legally sufficient interest in the outcome of the action. When reviewing the standing of taxpayers to bring suit against a local public agency, the courts are lenient, generally holding that taxpayers have a legally sufficient interest in ensuring that elected and appointed officials carry out local laws, especially where, as here, the matter involves efficient government service through the choice of well-qualified public employees who are paid with tax -derived funds. Thus, the taxpayers have standing to challenge the City's modifica- tion of the civil service system and its method of appointing and promoting civil service employees. TRT27-4B Members of the City Council April 19, 1983 Page Four 2. Statute of Limitations. The second question is whether the taxpayers' suit would be barred by the statute of limitations. Under the statute of limitations, the courts will not hear a case if too long a time has elapsed since the alleged wrong occurred. Here, the applicable statute of limitations would be three years, because the lawsuit is based on a statute, i.e., Government Code Section 45007. Furthermore, it is likely that the taxpayers would challenge the City through a writ of mandate. If the City has adopted an ordinance incorpora- ting the 90 -day limitations of Code of Civil Procedure Section 1094.6, such an action would have to be filed within nine t da s after the challen ed action. The original remova of epartment head from t e civil service system, and most of the challenged appointments and promotions occurred more than three years ago. Therefore it super- ficially appears that the action would largely be barred by the statute of limitations. However, the courts will disregard this time bar if the violation is "continuing," that is, the wrongful act renews itself periodically. We believe that the courts would find such a continuing violation here, on the theory that if an individual was not properly appointed to a position in the first place, he or she improperly occupies that position each day of employment. Despite the continuing violation theory, however, the statute of limitations would serve to limit any liability on the part of the City, its officers, or employees based on anNlogous cases for recovery of improperly withheld wages. In those cases, the courts have held that any wages accrued beyond the statutory period cannot be recovered. 3. Doctrine of Laches. Laches is an equitable policy which bars an action due to the plaintiff's tardiness in initiating an action, even if it is not barred by the statute of limitations. The numerous letters from the citizens to the Council indicate that they have been questioning the Council's action and threatening to bring a lawsuit for several years. While an argument does exist that they would be barred by laches, it is a disfavored defense when asserted by a governmental agency, and we do not believe a court would preclude the lawsuit on this ground. TRT27-5B Members of the City Council April 19, 1983 Page Five 4. The validity of the Council's removal of Department Heads from the System. A. Relationship between the initiative power and Government Code Section 45007. In order to determine whether the Council had the ability in 1970 to remove department heads from the civil service system, the court would interpret the 1970 amendment to Government Code Section 45007, and its relationship to other state laws. The most important of these other laws is Elections Code Section 4013, which states in pertinent part: "No ordinance proposed by initiative petition and . adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance." In the case under consideration, it is undisputed that N.S. 211 was proposed by initiative, that it included department heads within the civil service system, that it was adopted by the voters, that it did not include within its terms a provision allowing an alternate method of revision, and that the removal of department heads from the civil service system was not done pursuant to a vote of the people. Prior to 1970, Government -Code Section -45007 provided: "After inclusion in the system, any depart- ments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service ordinance or otherwise, unless the withdrawal has been submitted to the city electors at a special or regular municipal election and approved by 2/3 of those voting on the proposition." Thus, prior to 1970, it made no difference whether the City's civil service system was adopted through an initiative or solely through Council action; either way, the withdrawal of any position from the system required approval by a vote of the people. However, in 1970 Government Code Section 45007 was amended by adding the following language: TRT27-6B Members of the City Council April 19, 1983 Page Six ". . . except that regular full-time city department heads may be withdrawn by a majority vote of the city council." The following analysis of the relationship between these statutes supports the City Council's action: The amendment to Section 45007 by its express language provides an alternate method for removing department heads from the system without requiring voter approval. Although giving the Council this power impinges to some extent on the initiative process, it does not do so in an unconstitutional way. While the power of local initiative undeniably has its origin in the California Constitution, it is not necessarily coextensive with the statewide initiative power. Indeed, the legislature reserved the right to regulate the local initiative right in Article 2, §11 of the California Constitution, which states: "Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislative shall provide ." Under this argument, Elections Code Section 4013 is merely a procedural enactment by the legislature, and its limitation on the Council's ability to amend an initiative is therefore statutory rather than constitutional. This being the case, the local initiative power can further be regulated by the state legislature -,-even if such -a regulation encroaches to some extent on the initiative power. In the City's case, the legislature designated a specific manner by which the City Council could remove department heads from the civil service system. This argument would continue that the above interpretation of the relationship between the statutes should be favored for two reasons. First, the 1970 amendment to Government Code Section 45007 specifically deals with department heads, and in interpreting statutes, the courts have held that such specific language controls general language, such as the general language found in Elections Code Section 4015. Second, the 1970 amendment to Section 45007 is subsequent to the adoption of both the original language of that section as well as the language of Elections Code Section 4013, and the courts have held that a more recent statutory provision will control an older, conflicting provision. TRT27-7B Members of the City Council April 19, 1983 Page Seven There is, however, a second possible interpre- tation of the 1970 amendment, and it is this one which forms the basis of the taxpayers' allegations that the Council acted in excess of its authority. This interpretation is based on the following analysis: The initiative power reserved to the people is based on the California Constitution and is a power which is of historic importance. Therefore, the courts will favor an interpretation of a statute which protects this power over one which diminishes or destroys it. Furthermore, the courts will, whenever possible, interpret apparently con- flicting statutory provisions in order to harmonize and give effect to each. Based on the above principles, the court should harmonize these two sections and protect the initiative power by interpreting Government Code Section 45007 to mean that (a) if a system had originally been adopted by the Council, the Council could subsequently modify that system to remove department heads without requiring a vote of the people; (b) if the system were initially adopted by initiative, any removal of employees, including department heads, would still require a vote of the people. This second interpretation is supported by the opinions from the Office of the Attorney General, and the Legislative Counsel of California mentioned earlier. Both of these opinions were based on the City's facts and both concluded that the applicable statutes must be inter- preted in the manner urged by the taxpayers. We believe that a court would undoubtedly give these two opinions substantial weight, although it would not be bound to reach the same conclusion. From the above discussion, it is apparent that there are persuasive arguments to support either the City Council's or the taxpayer's position. There is a substantial possibility that a court would adopt the taxpayers' inter- pretation. B. The obligation to meet and 4ponfer. If the Council had the power to remove the depart- ment heads by a majority vote, a subsequent memorandum of understanding and employee agreements waiving civil service rights would be effective. If, however, the City Council did not have the power to unilaterally remove the department heads, their removal is non-negotiable and conflicting sections of the memorandums of understanding and employee waivers are ineffective. TRT27-8B Members of the City Council April 19, 1983 Page Eight C. The length of time in position. As noted previously, the courts have held that the mere passage of time will not make an invalid appointment valid. For example, in Alfred v. County of Los Angeles, 101 Cal.App.3d 260 (1980), an employee sued for additional compensation on the ground that he had been working out of grade in a higher position for a substantial period of time and was entitled to be paid at the rate of the higher position. The court rejected the employee's argument because the applicable civil service rules required that an appointment to the higher position be made only from an eligibility list of applicants who had passed the necessary examinations with scores ranking them among the three highest on the list. The court found that the employee had never been certified for appointment from such a list to the higher position, and thus that he could not qualify for appointment to that position. Based on this and similar judicial rulings, it is clear that, in the absence of other factors, any unlawful appointments could not be transformed into lawful ones just because the appointees have been good employees for a substantial period of time. D. The effect of closed examinations. In recent years the City has taken remedial action by appointing all new department heads under applicable -- civil service provisions and giving all incumbent employees closed examinations under the civil, service provisions. The question of whether any defect in the initial appointment process has been subsequently cured through this procedure is very important in weighing the alternatives open to the City and in assessing any possible liability. If the closing examinations effectively brought the appointments into compliance with the civil service requirements, not only are those appointments now lawful but any liability on the part of the City has been substantially reduced, if not eliminated. If, however, those examinations did not cure any initial defect, the employees are still'not lawfully appointed, and any liability would continue to accrue. Under the City's personnel rules, if a vacancy exists in the civil service, and there is no certified eligible list, the personnel officer shall conduct an examination to fill that vacancy. The rules are silent as to whether the examination should be "open," i.e., available to all applicants, or "closed," i.e., available only to TRT27-9B Members of the City Council April 19, 1983 Page Nine incumbent personnel. Under both the civil service ordinance and the personnel rules, the personnel officer is given the discretion to determine the manner and method in which examinations shall be prepared and administered. The only limitation is contained in Section 2-33 of the civil service ordinance, which states: "No special credit shall be allowed in meeting any qualification, or in the giving of any test, or the establishment of any employment or promotional lists for employment rendered under temporary appointment." This provision probably precludes the City from giving a closed examination to a temporary, incumbent employee, because allowing that employee to qualify for the exam as an "incumbent" is a "special credit." Under this interpretation, we believe that employees who were unlawfully appointed cannot be validated by such an exam. This does not mean, however, that this remedial action would not be persuasive to a court on equitable grounds. First, we have been unable to find any California precedent on this issue which is either beneficial or adverse to the City's position that this action cured any defects. Thus, it appears to be a case of first impression in which facts can often play a substantial part. We believe that the fact that all appointees have now taken a civil service examination may weigh very heavily in the City's favor, as it insures that a-11- appointees-have'met at least the minimum requirements for the position. Second, we believe that this remedial action, in addition to,other equitable arguments which may not by themselves be persuasive, could be the basis of a judicial decision in favor of the City. These other equitable factors include (a) the detrimental reliance upon the validity of their appointments by approximately one-half the City's staff, many of whom undoubtedly left other employment and made important financial and family decisions in the belief their appointments were proper; (b) the substantial detriment to the community which relies upon the expertise and familiarity with the City's pending matters acquired by the present staff to ensure City functions progress in a smooth and timely manner; (c) the lengthy delay on the part of the concerned taxpayers before formally challenging in the court the ever-increasing number of appointments, (d) the City's potential liability in wrongful termination suits which any one of the affected employees could file. TRT27-IOB Members of the City Council April 19, 1983 Page Ten Similar equitable arguments were apparently very influential to a judge of the Los Angeles Superior Court in Santa Monica. In that case, the plaintiff challenged the selection process used to appoint approximately 50 employees of the Santa Monica Rent Control Board on the ground it did not comply with civil service requirements. In that case, Judge Rittenband stated that the employees should not be penalized because the Agency had not hired them properly, that current appointments were being processed in accordance with civil service requirements that a mass firing, which would ultimately result should the plaintiff prevail, would cause "chaos" at the Agency, that the City could face 50 lawsuits for wrongful termination, and that the board member who brought the action had known about the problems for about three years before he brought the lawsuit. The judge reached this conclusion despite an opinion written by the Santa Monica City Attorney which stated the rent board employees should be subject to civil service regulations. The attorney for the plaintiff in that action has stated that in liaht of the judge's ruling at this stage of the lawsuit, the plaintiff will probably not pursue the case any further. The similarities between the facts of the Santa Monica case and those of the City are striking, and we believe the same arguments could influence another judge. E. Personal liability of employees. With respect to the liability of the individual employees whose status is being challenged to repay the City for wages paid to them, we have found no California case which has required such a repayment. Those courts that have reviewed invalid appointments or promotions have required the city or public agency to comply with applicable rules and regulations to fill the position, and in the absence of such compliance have denied the employees their requested promotion or permanent status. However, •we are aware of no case in which the court has required the individual who performed services for the public agency to repay all compensation to the agency. Based on this, we do not believe the court would impose such a penalty on the individual employees. TRT27-13A Members of the City Council April 19, 1983 Page Eleven . F. Personal liability of City Council members. Regarding the possible imposition on the City Council members of personal liability for past compensation paid to any employee whose appointment or promotion was not in compliance with the civil service rules, we have been unable to find any case in California in which the court has imposed such a draconian penalty on elected officials who had a good faith basis for taking the disputed action. To the contrary, Government Code Section 820.6 specifically provides that if a public employee, including a public elected official such as a member of the City Council, acts in good faith, without malice, and under the apparent authority of an enactment which is later held to be unconsti- tutional, invalid, or inappicable, he is not liable except to the extent he would have been liable had the enactment been constitutional, valid, and applicable. This section, in addition to the indemnific.iation provisions of Government Code Section 825, cause us to conclude that the court would not impose personal liability. Should a City Council member be named in a lawsuit regarding this matter, he or she should immediately make a written request to the City to defend him or her against that claim or action, pursuant to Government Code Section 825. That section also provides that if the employee reasonably cooperates in good faith in the defense of the claim or action, the City shall pay -any -judgment or settle- ment as well as conduct the defense of the action. This section does not protect the City Council members from punitive damages. However, we believe it is highly unlikely that the court would impose such damages for good faith actions. We also believe that wage payments would not be held to be gifts of public funds. In any event, any liability would be limited by the statute of limitations, both as to any liability of the employees and the Council for reimburse- ment of salaries received and paid. ALTERNATIVES Based on the foregoing, we believe that the only way the matter can be ultimately resolved is through a court review of the issues. This could be initiated by the City TRT27-14A Members of the City Council April 19, 1983 Page Twelve in a "friendly" suit for declaratory relief in which the City would effectively bring suit against itself as a method of obtaining a judicial opinion. This alternative would be costly because the City would pay all legal expenses incurred by both sides. The only advantage is that a final decision would be reached. We would not recommend this alternative. The second alternative is to closely review the City's personnel files to determine which positions are indeed involved, keeping in mind that the taxpayers are expanding their contentions to include approximately 80 employees. After advising the affected employees of the reason for its actions, the City could open these positions for an open examination, in effect treating the incumbents as if they had always been temporary and were now terminated. This course of action would probably satisfy the concerned taxpayers that the final appointees were selected in con- formance with civil service requirements. The disadvantages associated with this alternative include the prospect of reducing efficiency should new appointees be selected and trained, an adverse effect on employee morale, and the likelihood that the terminated employees would challenge the City's action in a lawsuit. As noted earlier, the judge found the disadvantages of such a course of action so persuasive that he declined to require such a drastic remedy. We do not recommend this action. The third alternative is to treat all previous actions as valid and do nothing further until the threatened taxpayers' suit actually materializes. This would retain the City's low profile approach to this matter and for the present avoid the costs associated with litigation. The obvious disadvantage is the continuing nonresolution of the matter. We believe that the first step which must be taken in order to fully evaluate these alternatives is to review all personnel files to determine which employees might be affected. This would allow an objective assessment of the magnitude of the problem and balancing of the advantages and disadvantages of each of the alternatives. If you have any further questions or wish to discuss this matter, please do not hesitate to contact me. :e; e o rs, a erso TRT27:1B MEMBERS OF THE BOARD PETER F SCriASARUM KENNETH HAHN EDMUND D EDELMAN DEANE DANA MICHAEL D ANTONOVICH COUNTY OF LOS ANGELES OFFICE OF THE DIRECTOR OF PERSONNEL' 222 NORTH GRAND AVENUE LOS ANGELES. CALIFORNIA 90012 HARRY L. HUFFORD DIRECTOR OF PERSONNEL (2+3) 914-2406 April 18, 1983 Mr. .Gregory T. Meyer City Manager Hermosa Beach City Hall 1315 Valley Drive i:ermosa Beach, California 90254 Dear Mr. Meyer: In response to your request we are providing the following information regarding the personnel services provided to the City of Hermosa Beach. Since 1960 the County of Los Angeles has provided to the City personnel testing services in the following manner: 1. As the responsible agent the City's Personnel Officer or his designate, the Personnel Administrate:, establishes employment. standards and qualifications for position classifications. 2. At such time as he wishes to create an eligible list from which a position may be filled, the Personnel Officer makes a request to the County to conduct a selection examination and designates whether it is to be open to the public or given on a promotional basis. 3. Upon receipt of such a request the County, in consultation with the City, deteri:gines the specific knowledges, skills and abilities necessary to perform the duties of the position in a competent manner and the appropriate type of test(s) to measure these. 7 Mr. Gregory T. Meyer April 18, 1983 Page Two On the basis of this information the County selects/develops appropriate test material; publicizes, schedules, administers and scores the examination; and ultimately provides the City with a list of eligible candidates from which appointments can be made. This process is carried out in conformity with the City's Civil Service Ordinance and the implementing Rules and Regulations. 5. In the event of appeals or complaints on issues not specifically addressed in the City's Ordinance or Rules they are dealt with under applicable Civil Service Rules of the County of Los Angeles. Over the last several years these services have been provided to the City intermittently and on position classifications alsost entirely in, or closely related to, the Law Enforcement and Fire Protection functions. In 1980 the then interim City Manager, Mr. Jerome Scharfman, informed us of a problem he had identified arising from a lacy of competitive examinations having been given in prior years for a number of positions. As a result there were a number c-- individuals :individuals employed by the City on a non -eligible basis. Subsequently at the City's request we began an extensive and_ accelerated testing program to remedy this situation, which project is at present almost entisely..completed. _ As some of these examinations were requested on a promotional basis (competition limited to those employed by the City) we reviewed in detail the City's governing Ordinance (N -S211) and the accompanying Rules and Regulations and can find no language addressing the question of whether, and under what conditions, promotional examinations may be given. In the absence of any., criteria we would conclude that this decision is discretionary with the Citv Manager who is established as the ex -officio Personnel Officer. Under these conditions the decision to hold certain of the examinations in this special project on a promotional basis was, in our estimation, appropriate. Mr. Gregory T. Meyer April 18, 1983 Page Three Many of the individuals affected have worked for the City for a number of years, apparently performing their duties in a competent manner. The alternative of opening the examinations for their positions to the general public might well have resulted in their loss of employment for reasons not of their making. Obligating the individuals to compete in examinations to achieve permanent status we believe meets the objective of a merit systen while serving the best interests of the City by avoiding the less of capable staff, the expense of training their replacements and the consequent di::ruption to the continuity and efficiency of City .services. I'hope this information is of use to you and if there is any way we can be of help, please let us know. Very truly yours, HARPY L. HUFFORD CAO/Director of Personnel (�i cQr1 an d P qac.{ rn Cn RICHARD P. RAYMOND, Chief Appeals Division RPR/rs s