AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, December 12, 2006 - Council Chambers, City Hall
1315 Valley Drive
Regular Session - 7:10 p.m.
Closed Session - Immediately following Regular Session

MAYOR
Sam Y. Edgerton
MAYOR PRO TEM
Michael Keegan
COUNCIL MEMBERS
Patrick ‘Kit’ Bobko
J. R. Reviczky
Peter Tucker
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 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

PROCLAMATIONS / PRESENTATIONS

CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 28, 2006: MEETING CANCELLED.

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 the following minutes:

      1. Minutes of the Regular meeting held on November 14, 2006; and

      2. Minutes of the Adjourned Regular meeting held on November 28, 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 accept donations of $1,000 from Sasine to be used for the Centennial Celebration, $1,000 from Jenkins & Hogin, LLP to be used for the Centennial Celebration, and $500 from the Woman’s Club of Hermosa Beach to be used for repair and maintenance of the Veterans’ Memorial. Memorandum from Finance Director Viki Copeland dated December 4, 2006.

    5. Recommendation to approve proposal from Dooley Enterprises for the purchase of ammunition for the Police Department in the amount of $8,699.68. Memorandum from Police Chief Greg Savelli.

    6. Recommendation to authorize the award of construction contract for CIP No. 06-641 Clark Building Refurbishment to Everlast Painting Company of North Hills, California, in the amount of $17,056.00; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval of the City Attorney; and, authorize the Director of Public Works to issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated December 5, 2006.

    7. Recommendation to receive and file status report for proposed Pacific Coast Highway relinquishment from Caltrans. Memorandum from Public Works Director Richard Morgan dated December 4, 2006.

    8. Recommendation to receive and file list of regular and ongoing City Board and Commission appointive terms that will expire during the 2007 calendar year. Memorandum from City Clerk Elaine Doerfling dated December 4, 2006.

    9. Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated December 4, 2006.

    10. Recommendation to approve change order for CIP Project Nos. 05-110 & 04-112 to add slurry sealing the entire reaches of Hermosa Avenue and Monterey Avenue; and, appropriate $233,987 of Prop 42 funds, received in the 115 State Gas Tax Fund, for this purpose. Memorandum from Public Works Director Richard Morgan dated December 7, 2006.

    11. Recommendation to receive and file the 2005-06 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors. Memorandum from Finance Director Viki Copeland dated November 22, 2006.

      CAFR

    12. Recommendation to approve Change Order No. 2 for Project CIP 03-418 Sewer Improvements – Upgrade of Sewer Lift Stations for extra work encountered during the construction of the Sewer Lift Station at 35th Street and The Strand and the abandonment of the Sewer Lift at Ingleside Drive and 31st Street; authorize additional appropriation of $52,340 from the 160 Sewer Fund; and, authorize additional appropriation of $11,122 from the 301 Capital Improvement Fund. Memorandum from Public Works Director Richard Morgan dated November 29, 2006.

    13. Recommendation to approve City Council meeting schedule for 2007. Memorandum from City Manager Stephen Burrell dated December 5, 2006.

    14. Recommendation to authorize the Mayor to execute the attached agreement with the County of Los Angeles to assume responsibility for maintenance of 34 Trash Excluders to be installed on catch basin openings along Hermosa Avenue. Memorandum from Public Works Director Richard Morgan dated December 5, 2006.

    15. Recommendation to authorize the Mayor to execute an amendment to the Memorandum of Agreement for the Santa Monica Bay Beaches Bacteria TMDL Implementation Plan in order to jointly fund a technical report required by the Regional Water Quality Control Board. Memorandum from Public Works Director Richard Morgan dated December 5, 2006.

    16. Recommendation to receive and file the action minutes of the Planning Commission meeting of December 6, 2006.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1276: “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, TITLE 17 – ZONING, PERTAINING TO RECONSTRUCTION OF NONCONFORMING BUILDINGS For adoption. Memorandum from City Clerk Elaine Doerfling dated December 4, 2006.

  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. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION, ON AUGUST 15, 2006, TO APPROVE, WITH MODIFICATIONS, A CONDITIONAL USE PERMIT FOR ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT, STILL WATER CONTEMPORARY AMERICAN BISTRO, AND PARKING PLAN AMENDMENT TO MODIFY THE ALLOCATION OF USES WITHIN THE HERMOSA PAVILION AT 1601 PACIFIC COAST HIGHWAY. (Continued from meeting of October 10, 2006).

    2. REVIEW AND RECONSIDERATION OF A PLANNING COMMISSION DECISION ON OCTOBER 17, 2006, TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH (AUTOMOBILE DETAILING) WITHIN THE HERMOSA PAVILION PARKING STRUCTURE – AUTO SPA – AT 1601 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated December 4, 2006.

      RECOMMENDATION: To sustain the Planning Commission decision to approve the requests subject to conditions of approval as contained in the resolutions for approval of the restaurant and car detailing service.

  6. MUNICIPAL MATTERS

    1. INTRODUCTION ON FIRST READING OF ENTERTAINMENT PERMIT ORDINANCE. Memorandum from City Manager Stephen Burrell dated December 5, 2006.

      RECOMMENDATION:Waive full reading and introduce ordinance.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. DISPUTE RESOLUTION SERVICES. Memorandum from City Manager Stephen Burrell dated December 5, 2006.

      RECOMMENDATION:Receive and file report and direct City Manager to execute agreement.

  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.

    1. Request from Councilmember Tucker to suspend street sweeping parking enforcement on December 26, 27 & 28, 2006.

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

  1. MINUTES:

    1. Approval of minutes of Closed Session meeting held on November 14, 2006.

    2. Approval of minutes of Closed Session meeting held on November 28, 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.

    1. Existing Litigation: Government Code Section 54956.9(a)

      Name of Case: Johnny Anderson v. City of Hermosa Beach
      Case Number: CV06-5078

    2. Anticipated Litigation: Government Code Section 54956.9(b)

      Number of potential cases: 1

  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: CITY MANAGER

ADJOURNMENT