AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, June 12, 2007 - 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

PRESENTATIONS BY MAYOR EDGERTON

CLOSED SESSION REPORT FOR MEETING OF MAY 22, 2007: 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.

    1. Letter from Howard Longacre dated May 31, 2007 regarding reconsideration of the Council’s action to place ordinance 07-1278 on the November 2007 ballot.

  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 May 8, 2007; and,

      2. Minutes of the Adjourned Regular meeting held on May 22, 2007.

    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 action minutes of the Public Works Commission meeting of May 16, 2007.

    5. Recommendation to accept donations of $1,233.00 from Silent Auction Proceeds to be used for the Centennial Celebration and $1,600.00 from Jacquelline A. Challifour to be used for a memorial bench for Ron and Maisie Challifour. Memorandum from Finance Director Viki Copeland dated June 4, 2007.

    6. 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 June 5, 2007.

      Claimant: McHugh, John
      Date of Loss: Unknown
      Date Filed: 05-15-07
      Allegation: Property Damage

      Claimant: McHugh, John
      Date of Loss: Unknown
      Date Filed: 05-15-07
      Allegation: Property Damage

    7. Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated June 4, 2007.

    8. Recommendation to accept the work by Belaire-West Landscape, Inc. for CIP Project No. 05-121 Aviation Blvd. Street Tree Project; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Belaire-West Landscape, Inc. (10% retained; 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated May 24, 2007.

    9. Recommendation to authorize staff to issue the appropriate purchase documents as required for construction of Clark Field Fence Replacement to A-1 Fence Company of Anaheim, California, in the amount of $10,163; authorize an appropriation of $4,179 from the 125 Parks and Recreation fund; 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 June 5, 2007.

    10. Recommendations to award contract for CIP Project Number 06-419 -Sanitary Sewer Cleaning and Closed Circuit Television Inspection to Russel Warner, Inc., dba Advanced Sewer Technologies in the amount of $105,000.00; and, authorize the Director of Public Works to make changes to the contract not to exceed budgeted amount. Memorandum from Public Works Director Richard Morgan dated June 5, 2007.

    11. Recommendation to award a construction contract for Project No. CIP 05 413, Sewer Improvements: Sewer Pipeline Reconstruction, New Sewer Pipeline Construction And Lining Repair – Various Locations, to Vasilj, Inc. in the amount of $435,962; authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; approve a Professional Services Agreement for construction inspection services between the City of Hermosa Beach and CBM Consulting Inc., for $42,360 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; authorize re-appropriation of $70,740 from the 301 Capital Improvement Fund and $362,384 in the 160 Sewer fund of Project No. CIP 05-413 to FY 2007-08; authorize a transfer of $95,000 in FY 2007-08 from CIP 07-423 and CIP 05-413; approve a change order (Change Order #1) to Vasilj, Inc to include CIP 07-423 Sewer Improvements proposed for FY 2007-2008 which will increase the contract amount by approximately $232,000; and, authorize the Director of Public Works to make changes as necessary within the project budget. Memorandum from Public Works Director Richard Morgan dated June 5, 2007.

    12. Recommendation to adopt resolution and findings overturning the decision of the Planning Commission and deny the requested change in hours, and thereby maintain the existing closing time of 11:00pm at 53 Pier Avenue (Paradise Sushi). Memorandum from Acting Community Development Director Ken Robertson dated June 5, 2007.

    13. Recommendation to adopt a resolution which, consistent with past policy, establishes a 200-word limit and requires candidates to pay all associated costs with regard to candidates statements for the November 6, 2007 General Municipal Election. Memorandum from City Clerk Elaine Doerfling dated June 5, 2007.

    14. Recommendation to adopt resolution amending the master fee resolution to add a fee for the preparation of zoning information letters. Memorandum from Acting Community Development Director Ken Robertson dated May 31, 2007.

    15. Recommendation to approve a contract with the existing independent audit firm of Caporicci & Larson for three years at a cost of $70,000, with an option to extend for an additional two years. Memorandum from Finance Director Viki Copeland dated June 4, 2007.

    16. Recommendation to adopt resolution approving the application for a grant from the Los Angeles County Regional Park and Open Space district to upgrade two rooms at the Community Center. Memorandum from City Manager Stephen Burrell dated June 7, 2007.

  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. 2007-2008 BUDGET AND CAPITAL IMPROVEMENT PROGRAM.

      1. ADOPTION OF 2007-2008 BUDGET. Memorandum from Finance Director Viki Copeland dated June 5, 2007.

        RECOMMENDATION: : Hear public testimony regarding the 2007-08 Budget; approve minor changes to the Preliminary Budget; approve subsidy of bus passes at the current level for MTA increased fares; appropriate $6,000 from the Equipment Replacement Fund for Remote 24/7 Monitoring Services for servers, network devices and peripherals; approve contracts listed in the staff report for services budgeted in the 2007-2008 Budget; and, adopt resolution approving the 2007-2008 Budget.

      2. ADOPTION OF RESOLUTION AUTHORIZING PARTICIPATION IN THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) POST-RETIREMENT HEALTH CARE PLAN TRUST. Memorandum from Finance Director Viki Copeland dated May 29, 2007.

        RECOMMENDATION: : Adopt resolution authorizing participation in the PARS Post-Retirement Health Care Plan Trust to be administered by Public Agency Retirement Services (PARS) and Union Bank of California.

      3. ADOPTION OF RESOLUTION IMPLEMENTING AN ALTERNATE RETIREMENT SYSTEM FOR PART-TIME TEMPORARY EMPLOYEES AND APPROVAL OF AN ADMINISTRATIVE SERVICES AGREEMENT WITH PUBLIC AGENCY RETIREMENTS SYSTEM (PARS). Memorandum from Personnel Director/Risk Manager Michael Earl dated June 5, 2007.

        RECOMMENDATION: : Adopt resolution implementing an Alternative Retirement System (ARS) for part-time temporary employees.

      4. ADOPTION OF 2007-2008 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated May 30, 2007.

        RECOMMENDATION: : Adopt resolution setting the 2007-2008 appropriations limit.

      5. PROPOSAL TO INCREASE TRANSIENT OCCUPANCY TAX (TOT) AUTHORITY FROM 10% TO 12%. Memorandum from Finance Director Viki Copeland dated May 31, 2007.

        RECOMMENDATION: : Consider submitting a measure to the voters on the November Municipal Election ballot to increase the authority to levy a transient occupancy tax (TOT) up to 12%. A 4/5 vote of the City Council is required to place a general tax increase on the ballot.

      6. PROPOSAL TO CONSIDER PLACING A MEASURE ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO INCREASE THE BUSINESS LICENSE TAX. Memorandum from Finance Director Viki Copeland dated May 31, 2007.

        RECOMMENDATION: Consider submitting a measure to the voters on the November Municipal Election ballot to increase the Business License Tax and other changes as set forth in the staff report. A 4/5 vote of the City Council is required to place a general tax increase on the ballot.

    2. ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO FAMILY RESIDENTIAL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 322 ARDMORE AVENUE. Memorandum from Acting Community Development Director Ken Robertson dated May 31, 2007.

      RECOMMENDATION: Waive full reading and introduce ordinance to approve the zone change request and adopt a Negative Declaration.

    3. REVIEW AND RECONSIDERATION OF A PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION DECISION ON APRIL 3, 2007, TO INSTALL TWO BEACH VOLLEYBALL COURTS AT SIXTH STREET AND THE STRAND. Memorandum from Community Resources Director Lisa Lynn dated June 5, 2007

      RECOMMENDATION:Approve two beach volleyball courts to be installed at 6th Street and the Strand.

    4. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2007 2008. Memorandum from Public Works Director Richard Morgan dated June 5, 2007

      RECOMMENDATION: Conduct a Public Hearing in connection with the levy of assessments for FY 2007-2008; and, adopt resolution confirming the diagram and assessment for Hermosa Beach Landscaping & Street Lighting District 2007 2008 ("District") and levying an assessment for the fiscal year commencing July 1, 2007 and ending June 30, 2008.

  6. MUNICIPAL MATTERS

    1. HERMOSA VERDE SUBCOMMITTEE REPORT FROM THE COOL CITIES PROGRAM. Memorandum from City Manager Stephen Burrell dated June 7, 2007.

      RECOMMENDATION: Receive reports.

    2. HERMOSA BEACH LOOP BUS. Memorandum from City Manager Stephen Burrell dated June 6, 2007.

      RECOMMENDATION: That the City Council review and provide direction to staff on the proposal to operate a loop bus route in the City.

    3. SURFERS WALK OF FAME – LIMITATION ON THE NUMBER OF ANNUAL INDUCTEES. Memorandum from City Manager Stephen Burrell dated June 4, 2007.

      RECOMMENDATION: Provide direction to staff on the number of Surfers Walk of Fame inductees each year.

    4. REQUEST FOR WAIVER OF BANNER PERMIT FEES FROM THE HERMOSA BEACH WOMAN’S CLUB FOR THE ANNUAL PANCAKE BREAKFAST ON OCTOBER 21 2007 Memorandum from City Manager Stephen Burrell dated June 5, 2007.

      RECOMMENDATION: That the City Council waive the $441nner fee for the pancake breakfast on October 21 2007.

    5. CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 6, 2007. Memorandum from City Clerk Elaine Doerfling dated June 5, 2007.

      RECOMMENDATION: Adopt resolutions.

    6. EMERGENCY PREPAREDNESS COMMISSION – EXPANSION FROM 5 TO 7 MEMBERS. Memorandum from City Manager Stephen Burrell dated June 6, 2007.

      RECOMMENDATION: That the City Council waive full reading and introduce ordinance that expands the membership of the commission from 5 to 7 members.

    7. SPECIAL EVENTS ON PRIVATE PROPERTY. Memorandum from City Manager Stephen Burrell dated June 6, 2007.

      RECOMMENDATION: That the City Council waive full reading and introduce revised ordinance.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. AB1338 (HUFFMAN) LOCAL COASTAL PROGRAMS: NONPOINT SOURCE POLLUTING – PROPOSED LETTER OF SUPPORT. Memorandum from City Manager Stephen Burrell dated May 29, 2007.

      RECOMMENDATION: Direct that a letter of support be sent and staff track the bill.

    2. ENCROACHMENT FEE MODIFICATION – ADD SEPARATE RATE CATEGORY FOR SNACK SHOPS ON PIER PLAZA AT $1.00 PER SQUARE FOOT. Memorandum from City Manager Stephen Burrell dated June 6, 2007.

      RECOMMENDATION: That the City Council approve a separate encroachment fee category for snack shop type businesses and set the rate at $1.00 per square foot.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. EXPIRATION OF TERMS – BOARDS AND COMMISSIONS PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated June 6, 2007.

      RECOMMENDATION: Appoint from among the applicants to fill two seats on the Parks, Recreation and Community Resources Advisory Commission with terms ending June 30, 2011.

  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 Council Member Kit Bobko to examine the development of a “tree ordinance” that would provide for preservation of trees on private property and direct staff to report back with a survey of other cities tree policies and tree ordinances.

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 May 22, 2007.

  2. CONFERENCE WITH LEGAL COUNSEL

    Anticipated Litigation: Government Code Section 54956.9(b)

    Number of potential cases: 1

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT