City Council Agenda September 13, 2005

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, September 13, 2005 - Council Chambers, City Hall
1315 Valley Drive
Regular Session - 7:10 p.m.
Closed Session - Immediately following Regular Session

MAYOR
J.R. Reviczky
MAYOR PRO TEM
Peter Tucker
COUNCIL MEMBERS
Sam Y. Edgerton
Michael Keegan
Art Yoon
CITY CLERK
Elaine Doerfling
CITY TREASURER
John M. Workman
CITY MANAGER
Stephen R. Burrell
CITY ATTORNEY
Michael Jenkins

All council meetings are open to the public. PLEASE ATTEND.

The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council Chambers foyer.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ANNOUNCEMENTS

PRESENTATIONS

NICOLE BURKE
STUDENT AMBASSADOR-AT-LARGE
HERMOSA BEACH SISTER CITY ASSOCIATION

CLOSED SESSION REPORT FOR MEETING OF AUGUST 9, 2005: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item.
  1. ORAL AND WRITTEN COMMUNICATIONS

    Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak:

    1. during discussion of items removed from the Consent Calendar;
    2. during Public Hearings; and,
    3. during discussion of items appearing under Municipal Matters.

    The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications.

    The Council may take action to schedule issues raised in oral and written communications for a future agenda.

    Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager.

    a. Letter from Keala F. Smith requesting City Council consideration of increased penalties for parking across sidewalks.

  2. CONSENT CALENDAR:

    The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time.
    1. Recommendation to approve minutes of the regular meeting of the City Council held on August 9, 2005.;

    2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

    3. Recommendation to receive and file Tentative Future Agenda Items.

    4. Recommendation to receive and file the July 2005 financial reports:

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

    5. Recommendation to accept donations of $3,650.00 from AYSO Region 18 to be used for Community Resources program materials; $421.91 from anonymous donors from a collection taken at the Sunset Concert on 7/31/05 to be used for the Sunset Concert Series FY 05-06; and, $1,100.00 from anonymous donors from a collection taken at the Sunset Concert on 8/7/05 to be used for the Sunset Concert Series FY 05-06. Memorandum from Finance Director Viki Copeland dated August 22, 2005.

    6. Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Elaine Doerfling dated August 17, 2005.

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated August 16, 2005.

    8. Recommendation to receive and file the action minutes of the Planning Commission meeting of August 16, 2005.

    9. Recommendation to adopt resolution commemorating the Southern California Association of Governments’ 40 years of service to the Southern California region. Memorandum from City Manager Stephen Burrell dated August 25, 2005.

    10. Recommendation to receive and file notice of closed claims. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 30, 2005.

    11. Recommendation to deny the following claims and refer them to the City’s Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 29, 2005.

      Claimant: Loberg, Teresa
      Date of Loss: 06-29-05
      Date Filed: 08-25-05
      Allegation: Property Damage

      Claimant: Quality Inn & Suites
      Date of Loss: 04-21-05
      Date Filed: 08-08-05
      Allegation: Cross-complaint for personal injury

      Claimant: Ramirez, Jaime
      Date of Loss: 08-01-05
      Date Filed: 08-01-05
      Allegation: Employment Discrimination

      Claimant: Brutsch, Gary
      Date of Loss: 04-27-05
      Date Filed: 07-13-05
      Allegation: Property Damage

    12. Recommendation to adopt resolution reflecting the City Council’s action to sustain the Planning Commission’ decision to deny a General Plan Amendment and Zone Change for 19 2nd Street. Memorandum from Community Development Director Sol Blumenfeld dated August 30, 2005.

    13. Recommendation to deny the following claim and refer it to the City’s Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 1, 2005.

      Claimant: Strasberg, Stanley
      Date of Loss: 06-24-05
      Date Filed: 08-29-05
      Allegation: Breech of contract

    14. Recommendation to adopt resolution approving final map #061176 for a 2 unit condo at 165 Manhattan Avenue. Memorandum from Community Development Director Sol Blumenfeld dated September 6, 2005.

    15. Recommendation to adopt a resolution approving Memoranda of Understanding between the City and the Hermosa Beach Management Association. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 7, 2005.

    16. Recommendation to adopt resolution approving Memorandum of Understanding between the City and the Professional and Administrative Employees’ Group. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 8, 2005.

    17. Recommendation to adopt resolution approving the salary and benefits for employees in unrepresented classifications. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 8, 2005.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    • * Public comments on items removed from the Consent Calendar.

  5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.

    1. AMENDMENT TO BUILDING CODE CHAPTER 15.04 TO REQUIRE THE EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW GRADE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE (HBMC). Memorandum from Community Development Director Sol Blumenfeld dated August 22, 2005.

      RECOMMENDATION : Waive full reading and introduce ordinance.

      1. 5b(01)
      2. 5b(02)
      3. 5b(03)
      4. 5b(04)
      5. 5b(05)
      6. 5b(06)
      7. 5b(07)
      8. 5b(08)
      9. 5b(09)
      10. 5b(10)
      11. 5b(11)
      12. 5b(12)
      13. 5b(13)
      14. 5b(14)
      15. 5b(15)
      16. 5b(16)
      17. 5b(17)
      18. 5b(18)

    2. CONTINUATION OF PUBLIC HEARING FROM AUGUST 13, 2005, CONSIDERATION OF NEW AND UPDATED CITY USER FEES. Memorandum from Finance Director Viki Copeland dated August 23, 2005.

      RECOMMENDATION : It is recommended that the City Council:

      1. Hear public testimony regarding new and updated City user fees to recover costs of providing service;
      2. Adopt the fees contained in the User Fee Study compiled by Maximus; approve implementing the CPI increase 9/1/06
      3. Adopt miscellaneous fees as updated by City staff (not included in the User Fee Study);
      4. Adopt Resolution 05- , amending the master fee resolution to include fees updated by the user fee study and updated miscellaneous user fees

  6. MUNICIPAL MATTERS

    1. ADDITION TO MULTI-YEAR AGREEMENT BETWEEN THE CITY AND HERMOSA BEACH CHAMBER OF COMMERCE TO USE PROPOSITION A TRANSIT FUNDS FOR TRANSPORTATION AT THE FIESTA HERMOSA. Memorandum from City Manager Stephen Burrell dated August 18, 2005.

    2. ADOPTION OF AN ORDINANCE TO REPEAL CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) RELATING TO PARKING FUNDS. Memorandum from Finance Director Viki Copeland dated August 16, 2005.

      RECOMMENDATION :That the City Council waive full reading and introduce Ordinance repealing HBMC 3.44 relating to Parking Funds.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. PIER PHASE III COMPLETION AND DEDICATION CEREMONY SELECTION OF A DATE FOR THE CEREMONY. Memorandum from City Manager Stephen Burrell dated August 25, 2005.

      RECOMMENDATION: That the City Council select a date for the ceremony which could be either Saturday, November 5, 2005 or Saturday, November 12, 2005. Other dates could also be chosen such as Thursday November 10, 2005 for an afternoon ceremony; and, approve the project dedication plaque and direct staff to have it made.

    2. U.S. NAVY PORT CALL – USS FORD: FRIDAY, SEPTEMBER 16, 2005 THROUGH MONDAY, SEPTEMBER 19, 2005. Memorandum from City Manager Stephen Burrell dated September 1, 2005.

      RECOMMENDATION: That the City Council receive and file this report acknowledging the port call and the various activities associated with it.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  9. OTHER MATTERS - CITY COUNCIL

    Requests from Council members for possible future agenda items:

    Recommended Action:

    1. Vote by Council whether to discuss this item;
    2. refer to staff for a report back on a future agenda; or,
    3. resolution of matter by Council action tonight.

    a. Request from Councilmember Keegan to discuss establishing a sister city relationship with a Mississippi coastal city in order to provide assistance following the devastation of Hurricane Katrina.

    ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

    1. MINUTES:

      Approval of minutes of Closed Session meeting held on August 9, 2005.

    2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation: Government Code Section 54956.9(a)

      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.

      Name of Case: Macpherson v. City of Hermosa Beach
      Case Number: BC172546

    3. CONFERENCE WITH LABOR NEGOTIATOR
      Government Code Section 54957.6

      City Negotiator: Stephen Burrell
      Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911

    4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
      Government Code Section 54957

      Title: CITY MANAGER

    ADJOURN TO CLOSED SESSION

    RECONVENE TO OPEN SESSION

    ADJOURNMENT