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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, February 14, 2006, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

Pat Love

ROLL CALL

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

PRESENTATIONS AND PROCLAMATIONS

CERTIFICATE OF RECOGNITION HERMOSA BEACH KIWANIS CLUB 80TH ANNIVERSARY

Mayor Tucker read the certificate of recognition and presented it to Teresa Bose, who invited everyone to the anniversary party on Saturday, February 18, from 5 p.m. to 10 p.m., noting it would be an informal potluck affair.

INTRODUCTION OF INTERIM POLICE CHIEF DAVID BARR

ANNOUNCEMENTS

None

CLOSED SESSION REPORT FOR MEETING OF JANUARY 24, 2006:

No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    Coming forward to address the Council at this time was:
    Doris Nickelson – representing the Kenny Nickelson Memorial Foundation for homeless veterans and children, thanked the City Council and the citizens for all of the donated toys their organization received from the 2005 Beach Cities Toy Drive; showed slides; and made a presentation to each of the Councilmembers in appreciation for their efforts.

    1. Letter from Roger Creighton dated January 30, 2006. Supplemental information submitted by Roger Creighton on February 13, 2006

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

  2. CONSENT CALENDAR:

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

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 24, 2006.

      Action To approve as presented the minutes of the Regular Meeting of January 24, 2006.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 42468 THROUGH 43040, INCLUSIVE, ALONG WITH ELECTRONIC PAYMENT VOUCHERS TO SOUTHERN CALIFORNIA GAS COMPANY, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 42560 AND 42774 AS RECOMMENDED BY THE CITY TREASURER.

      ActionTo ratify the check register as presented.

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

      ActionTo receive and file Tentative Future Agenda Items as presented.

    4. RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2005 REVENUE AND EXPENDITURE REPORTS. Memorandum from Finance Director Viki Copeland dated February 6, 2006.

      ActionTo receive and file the December 2005 Revenue and Expenditure Reports.

    5. RECOMMENDATION TO ACCEPT DONATIONS OF $10,000 FROM PRODINF, LLC “SOUTHLAND TALES” TO BE USED FOR THE 2006-07 SUNSET CONCERT SERIES AND $253 FROM VIETNAM VETERANS OF AMERICA SOUTH BAY CHAPTER 53 HGSP TO BE USED FOR THE VETERANS’ MEMORIAL MAINTENANCE. Memorandum from Finance Director Viki Copeland dated February 6, 2006.

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.

      ActionTo accept the following donations

      - $10,000 - from PRODINF, LLC “Southland Tales” to be used for the 2006-07 Sunset Concert series; and

      - $ 253 - from Vietnam Veterans of America South Bay Chapter 53 Hgsp to be used for the Veterans’ Memorial maintenance.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2006. Memorandum from City Treasurer John Workman dated January 26, 2006.

      Action To approve the staff recommendation to adopt Resolution No. 06-6444, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2006.”

    7. RECOMMENDATION TO ACCEPT THE WORK BY GEORGE C. HOPKINS CONSTRUCTION CO., INC. FOR PROJECT NO. CIP 00-630 PIER RENOVATION, PHASE III; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO GEORGE C. HOPKINS CONSTRUCTION CO., INC. (5% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated January 25, 2006.

      Action To approve the staff recommendation to:

      1. Accept the work by George C. Hopkins Construction Co., Inc. for Project No. CIP 00-630 Pier Renovation, Phase III;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize staff to release payment to George C. Hopkins Construction Co., Inc. (5% retained for 35 days following filing of Notice of Completion).

    8. RECOMMENDATION TO ACCEPT THE WORK BY DAMON CONSTRUCTION CO. FOR PROJECT NO. CIP 04-113 CONCRETE STREET IMPROVEMENTS – VARIOUS LOCATIONS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO DAMON CONSTRUCTION CO. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated January 18, 2006.

      Action To approve the staff recommendation to:

      1. To accept the work by Damon Construction Co. for Project No. CIP 04-113 Concrete Street Improvements – Various Locations;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize staff to release payment to Damon Construction Co. (10% retained for 35 days following filing of Notice of Completion).

    9. 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 February 6, 2006.

      Claimant: Frank W. Hallstein, Jr.
      Date of Loss: 7/22/05
      Date Filed: 1/19/06
      Allegation: Claimant alleges harassment by police.

      Claimant: Stephen C. Stouder
      Date of Loss: 8/2/05
      Date Filed: 2/1/06
      Allegation: Property damage from sewer backup.

      ActionTo deny the claims and refer them to the City’s Liability Claims Administrator.

    10. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH GENERAL & SUPERVISORY EMPLOYEES’ ASSOCIATION REPRESENTED BY TEAMSTER LOCAL 911. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 8, 2006.

      Action To approve the staff recommendation to adopt Resolution No. 06-6445, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT.”

    11. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO JOHN M. CRUIKSHANK CONSULTANTS, INC. (JMC2) TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 02-104 BAYVIEW DRIVE UNDERGROUNDING STREET IMPROVEMENTS IN THE AMOUNT OF $15,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $1,500. Memorandum from Public Works Director Richard Morgan dated February 7, 2006.

      Action : To approve the staff recommendation to:

      1. Award Professional Services Agreement to John M. Cruikshank Consultants, Inc. (JMC2) to provide design and engineering services for CIP No. 02-104 Bayview Drive Undergrounding Street Improvements in the amount of $15,000;
      2. Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and
      3. Authorize the Director of Public Works to make changes to the agreement up to $1,500.

    12. RECOMMENDATION TO ADOPT RESOLUTION APPROVING EXPENSE REIMBURSEMENT POLICY PURSUANT TO AB1234 (GOVERNMENT CODE SECTIONS 53232.2 AND 53232.3). Memorandum from City Attorney Michael Jenkins dated February 9, 2006.

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

      City Attorney Jenkins responded to Council questions about the requirements of the new law, including two hours of approved ethics training.

      Action : To approve the staff recommendation to adopt Resolution No. 06-6447, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A REIMBURSEMENT POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 53232.2 AND 53232.3.” Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

    13. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #061349 FOR A TWO UNIT CONDOMINIUM PROJECT AT 1522 PALM DRIVE AND 1523 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated January 25, 2006.

      Action : To approve the staff recommendation to adopt Resolution No. 06-6446, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 061349 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1522 PALM DRIVE AND 1523 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA.”

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1262 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 05-1250 TO EXTEND THE DEADLINES FOR THE INSTALLATION OF NEW GREASE CONTROL DEVICES IN FOOD SERVICE ESTABLISHMENTS AND THE WAIVER OF PERMIT FEES THEREFOR.” For adoption . Memorandum from City Clerk Elaine Doerfling dated February 1, 2006.

      Action: To waive full reading and adopt Ordinance No. 06-1262.
      Motion Reviczky, second Edgerton. The motion carried by the following vote:

      AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
      NOES: None
      ABSENT: None
      ABSTAIN: None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e) and (l) were heard at this time but are shown in order for clarity.

    Public comments on items removed from the Consent Calendar are shown under the appropriate item.

  5. PUBLIC HEARINGS

    NONE

  6. MUNICIPAL MATTERS

    1. MID YEAR BUDGET REVIEW 2005-06. Memorandum from Finance Director Viki Copeland dated February 3, 2006.

      Finance Director Copeland presented the staff report and responded to Council questions.

      Action: : To approve the staff recommendation to:

      1. Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Budget Summary and Revenue Worksheet;
      2. Approve personnel changes as discussed under “Personnel Changes”; and
      3. Approve the recommendations discussed under “Recommendations on Policies/Goals.”
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

      Motion Keegan, second Reviczky. The motion carried, noting the absence of Edgerton.

    2. CONSIDERATION OF ORDINANCE PROHIBITING THE PROCESSING OF APPLICATIONS FOR PROPERTIES NOT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS. Memorandum from City Manager Stephen Burrell dated February 2, 2006.

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

      Action: : To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1263, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE PROCESSING OF APPLICATIONS FOR PROPERTIES NOT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.”
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. REQUEST FROM THE CHAMBER OF COMMERCE FOR PLACEMENT OF AN ADVERTISEMENT IN THE 2006 07 CHAMBER OF COMMERCE BUSINESS DIRECTORY. Memorandum from City Manager Stephen Burrell dated January 25, 2006.

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

      Action : To approve the request for placement of an advertisement in the 2006 07 Chamber of Commerce Business Directory; and appropriate $2,112 for this purpose.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    None

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

    1. MINUTES: Approval of minutes of Closed Session meeting held on January 24, 2006.

    2. CONFERENCE WITH LEGAL COUNSEL Government Code Section 54956.8

      The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

      Existing Litigation: Government Code Section 54956.9(a)

        Name of Case: Frilot et al. v. Michael Lavin, et al.
        Case Number: YC051526
      1. Name of Case: Nolan et. al. v. City of Hermosa Beach
    3. CONFERENCE WITH LABOR NEGOTIATOR
      Government Code Section 54957.6

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

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 2006, at the hour of 8:11 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, February 14, 2006, at the hour of 8:22 p.m. At the hour of 8:48 p.m., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

There were no decisions made requiring a public announcement.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 2006, at the hour of 8:49 p.m. to the Regular Meeting of February 28, 2006, at 7:10 p.m.

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