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Pursuant to Government Code Section 54953 (b), Mayor Sam Edgerton will be participating by teleconference from the Sheraton Hotel and Towers in Chicago.

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 also available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk.

During the meeting, a packet is also available in the Council Chambers foyer.

All written communications from the public included in the agenda will be posted with the agenda on the City’s website

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ANNOUNCEMENTS

PRESENTATIONS

INTRODUCTION OF NEW FIREFIGHTERS AUSHLEY BAKER-WILHITE & SCOTT DURKIN

PRESENTATION OF DONATIONS TO THE HERMOSA BEACH HISTORICAL SOCIETY MUSEUM $15,000 FROM THE KIWANIS CLUB OF HERMOSA BEACH $50,000 FROM PINK PRESENTED BY BARBARA ROBINSON

CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 12, 2006: 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.

   NO WRITTEN COMMUNICATIONS

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 September 12, 2006.

   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 August 2006 financial reports:

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

   5. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of September 5, 2006.

   6. Recommendation to authorize the award of construction contract for Non CIP Project No. 009-06 Pier Clock Bench Barrier Project to Dave Shaw Concrete and Block, Inc., in the amount of $48,000.00; authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; authorize an additional appropriation of $29,869.00 from the 109 Downtown Enhancement Fund; and, authorize the Director of Public Works to issue change orders as necessary up to $7,000.00. Memorandum from Public Works Director Richard Morgan dated September 19, 2006.

   7. 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 18, 2006.

      Claimant: Jaco, Brad
      Date of Loss: 03/19/06
      Date Filed: 08/16/06
      Allegation: Trip & fall

   8. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated September 19, 2006.

   9. Recommendation to appropriate $14,731 from the Citizen’s Option for Public Safety (COPS) program to purchase thirty-four (34) TASER Cam Audio/Video digital recording devices. Memorandum from Police Captain Thomas Eckert dated September 19, 2006.

   10. Recommendation to accept donations of $2,002.11 collected from anonymous donors at the Summer Concert held on July 30, 2006 to be used for the Centennial Concert Series in August 2007; $1,600 from Thelma Greenwald to be used for a memorial bench for Richard M. Greenwald; $422 collected from anonymous donors at the Fiesta Beer Garden to be used for the Centennial Celebration; and 2 new “Trek” bicycles with an estimated value of $1,500 from Mike Santomieri to be used by the Patrol Officers. Memorandum from Finance Director Viki Copeland dated September 19, 2006.

   11. Recommendation to adopt resolution approving final map #60182 for a 2 unit condominium project at 1600 Monterey Boulevard. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 2006.

   12. Recommendation to adopt resolution approving final map #60263 for a 2 unit condominium project at 406 Ocean View Avenue. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 2006.

   13. Recommendation to adopt resolution approving final map #62301 for a 2 unit condominium project at 58 20th Street. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 2006.

   14. Recommendation to authorize the purchase of fifteen (15) Second Chance ballistic vests (body armor) to All State Police Equipment in the amount of $9,662.00 (bid amount of $8925 + 736 tax). Memorandum from Police Captain Thomas Eckert dated September 18, 2006.

   15. Recommendation to approve proposal for a cable television program to feature City of Hermosa Beach parks and recreation activities and allocate $5,000 toward the project from prospective expenditures. Memorandum from Community Resources Director Lisa Lynn dated September 19, 2006.

   16. Recommendation to receive and file the action minutes of the Planning Commission meeting of September 19, 2006.

   17. Recommendation for reappropriation of funds from 2005-06 to 2006-07, additional appropriations for 2005-06 and 2006-07. Memorandum from Finance Director Viki Copeland dated September 19, 2006.

   18. Recommendation to acknowledge the date for the required AB1234 ethics training on Tuesday, November 14, 2006 from 5:00 p.m. to 7:00 p.m. Memorandum from City Manager Stephen Burrell dated September 21, 2006.

   19. Recommendation to receive and file the action minutes of the Public Works Commission meeting of August 16, 2006.

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. APPEAL OF THE PLANNING COMMISSION DENIAL, ON SEPTEMBER 20, 2005, OF CONDITIONAL USE PERMIT AMENDMENT FOR A RESTAURANT WITH ON-SALE ALCOHOL TO CHANGE THE CLOSING TIME FROM 12:00 MIDNIGHT TO 2:00 A.M. DAILY AT 73 PIER AVENUE, MEDITERRANEO RESTAURANT. Memorandum from Community Development Director Sol Blumenfeld dated August 31, 2006.

      PLANNING COMMISSION RECOMMENDATION: Deny request for extended hours.

   2. TEXT AMENDMENT TO THE SUBDIVISION ORDINANCE PERTAINING TO MERGER OF PARCELS (CHAPTER 16.20) HERMOSA BEACH MUNICIPAL CODE.

      RECOMMENDATION: Continue to the meeting of October 24, 2006.

6. MUNICIPAL MATTERS

   1. APPROVAL OF EMERGENCY OPERATIONS PLAN. Memorandum from Fire Chief Russell Tingley dated September 19, 2006.

      RECOMMENDATION: Approve Resolution adopting the City of Hermosa Beach’s Emergency Operations Plan (“Plan”) and authorizing the City Manager to amend and update the Plan as needed.

   2. GRAFFITI REMOVAL ORDINANCE. Memorandum from City Manager Stephen Burrell dated September 21, 2006.

      RECOMMENDATION: Waive full reading and introduce ordinance amending the Municipal Code to add graffiti removal provisions, securing of aerosol cans, sale of aerosol cans to minors and possession of aerosol cans on City property, and setting up a reward program.

   3. ORDINANCE APPROVING THE AMENDMENTS TO CHAPTER 3.32 OF THE MUNICPAL CODE, BRINGING IT INTO COMPLIANCE WITH CALIFORNIA’S TRANSIENT OCCUPANCY TAX (TOT) LAWS EFFECTIVE JANUARY 1, 2005; ADOPTION OF A RESOLUTION ESTABLISHING THE FEE FOR ISSUANCE OF A TAX CLEARANCE CERTIFICATE; AND ADOPTION OF A RESOLUTION APPROVING THE REVISED “TRANSIENT OCCUPANCY GOVERNMENT EMPLOYEE EXEMPTION FORM”. Memorandum from Finance Director Viki Copeland dated September 19, 2006.

      RECOMMENDATION: Waive full reading and introduce ordinance amending Chapter 3.32 of the Municipal Code; adopt resolution establishing the fee for issuance of a tax clearance certificate; and, adopt resolution approving the revised Transient Occupancy Tax Government Employee Exemption Form.

   4. RESOLUTION REVISING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated September 21, 2006.

      RECOMMENDATION: Adopt resolution.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

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

      RECOMMENDATION: Receive and file.

   2. CENTENNIAL MERCHANDISE PURCHASE. Memorandum from City Manager Stephen Burrell dated September 21, 2006.

      RECOMMENDATION: Authorize the purchase of resale Centennial merchandise as specified in the amount of $3,175.00 plus taxes and shipping from the Centennial account.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   1. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated September 14, 2006.

      RECOMMENDATION: Appoint delegates and alternates to the various committees consistent with the policy of maintaining permanent representation whenever possible and delete any obsolete temporary subcommittees as appropriate.

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.

   NONE

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 September 12, 2006.

2. CONFERENCE WITH LEGAL COUNSEL

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

   Existing Litigation: Government Code Section 54956.9(a)

   Name of Case: Philia Five Group, LLC dba The Union Cattle Company
   Case Number: YS015070

3. CONFERENCE WITH LABOR NEGOTIATOR
   Government Code Section 54957.6

   City Negotiator: Stephen Burrell
   Employee Organization: Hermosa Beach Firefighters' Association

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT in memory of Peter Mangurian

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