AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, July 24, 2007 - Council Chambers, City Hall
1315 Valley Drive
Regular Session - 7:10 p.m.
Closed Session - Immediately following Regular Session

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

SOUTH BAY CITIES COUNCIL OF GOVERNMENTS SOUTH BAY ENERGY SAVINGS CENTER

CLOSED SESSION REPORT FOR MEETING OF JULY 10, 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.

    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 June 12, 2007; and
      2. Minutes of the Special meeting held on June 26, 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 June 2007 financial reports:

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

    5. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated July 16, 2007.

    6. Recommendation to receive and file the action minutes of the Planning Commission meeting of July 17, 2007.

    7. Recommendation to authorize the award of construction contract for the Community Center Heat Pump Replacement Project to the lowest responsive bidder, in the amount of the lowest responsive bid; authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; authorize the Director of Public Works to issue change orders as necessary within the approved budget; and, appropriate funds to the Building Maintenance Division in the 125 Parks & Recreation Facility Tax Fund. Memorandum from Public Works Director Richard Morgan dated July 16, 2007.

    8. Recommendation to approve amendment to the contract for JAS for on-going staff services for Interim Senior Building Inspector/Deputy Building Official. Memorandum from Acting Community Development Director Ken Robertson dated July 16, 2007.

    9. Recommendation to waive banner fee for Hermosa Beach Art Walk to be held on August 18, 2007. Memorandum from City Manager Stephen Burrell dated July 11, 2007.

    10. Recommendation to accept donation of $1,000 from the Hermosa Kiwanis Foundation to be used for Veterans’ Memorial maintenance. Memorandum from Finance Director Viki Copeland dated July 16, 2007.

    11. Recommendation to receive and file the action minutes of the Upper Pier Avenue Committee meeting of July 11, 2007.

    12. Recommendation to approve an agreement among South Bay cities for the joint use of the Armored Response and Rescue Vehicle obtained using State Homeland Security Grant Program funds and authorize the Mayor to sign all appropriate documents. Memorandum from Police Chief Greg Savelli.

    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 July 18, 2007.

      Claimant: Mary C. Apodaca
      Date of Loss: 07-08-07
      Date Filed: 07-16-07
      Allegation: Personal Injury

    14. Recommendation to adopt resolution supporting the efforts of the State Coastal Conservancy, the South Bay Parkland Conservancy and the City of Redondo Beach to purchase and restore coastal land for public use. Memorandum from City Manager Stephen Burrell dated July 19, 2007.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 07-1284 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING PROCEDURAL PROVISIONS PERTAINING TO THE FILING OF CLAIMS AGAINST THE CITY AND AMENDING THE MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated July 16, 2007.

  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.

    NONE

  6. MUNICIPAL MATTERS

    1. ADOPTION OF RESOLUTION SUBMITTING A MEASURE TO THE VOTERS ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO INCREASE THE BUSINESS LICENSE TAX ON SPECIFIC BUSINESSES. Memorandum from Finance Director Viki Copeland dated July 16, 2007.

      RECOMMENDATION: That the City Council submit a measure to the voters on the November Municipal election ballot to increase the Business License Tax as recommended in the staff report of July 10, 2007, with revised fees of $1.50/$1,000 for restaurants and other businesses on the gross receipts method of calculation. A 4/5 vote by the City Council is required in order to place the measure on the ballot since it is a general tax increase.

    2. ADOPTION OF RESOLUTION SUBMITTING A MEASURE TO THE VOTERS ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO REDUCE THE UTILITY USER TAX (UUT) ON TELEPHONE AND CABLE SERVICES AND ADOPT A MODERN ORDINANCE. Memorandum from Finance Director Viki Copeland dated July 16, 2007.

      RECOMMENDATION: That the City Council submit a measure to the voters on the November Municipal election ballot to adopt a modern ordinance that protects the tax against changes in federal law, responds to new communication technologies and reduces the existing tax on telephone and cable television services from 6% to 5˝%. A 4/5 vote by the City Council is required in order to place the measure on the ballot since it is a general tax measure.

    3. ADOPTION OF A RESOLUTION TO PLACE A MEASURE EXEMPTING PIER PLAZA PROPERTIES FROM ON-SITE PARKING REQUIREMENTS ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2007. Memorandum from City Clerk Elaine Doerfling dated July 16, 2007.

      RECOMMENDATION: Adopt resolution to place the Pier Plaza measure (per referendum) on the ballot.

    4. ADOPTION OF RESOLUTIONS REGARDING CONSOLIDATED WITH THE COUNTY, ARGUMENTS AND IMPARTIAL ANALYSIS, AND REBUTTAL ARGUMENTS FOR ALL MEASURES ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2007. Memorandum from City Clerk Elaine Doerfling dated July 16, 2007.

      RECOMMENDATION: Take the following actions:

      • Decide on the filing of written arguments by Council concerning the business license tax measure and the utility user tax measure, if placed on the ballot by Council (the designation for the Pier Plaza measure was authorized at the last meeting); and
      • Adopt the attached four resolutions to:
        1. Request election consolidation with the County for the measure(s);
        2. Set priorities for written arguments and direct the City Attorney to prepare an impartial analysis for each of the measures to be placed on the ballot; and
        3. Provide for the filing of rebuttal arguments for the measure(s).

    5. SPECIAL EVENTS ON PRIVATE PROPERTY. (Continued from meeting of 6/12/07) Memorandum from City Manager Stephen Burrell dated July 19, 2007.

      RECOMMENDATION: Waive full reading and introduce ordinance.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. AGREEMENT WITH COCA-COLA BOTTLING COMPANY OF LOS ANGELES. Memorandum from City Manager Stephen Burrell dated July 19, 2007.

      RECOMMENDATION: Receive and file agreement.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated July 19, 2007.

  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 July 10, 2007.

  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: Jaco v. City of Hermosa Beach
    Case Number: YC054277

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT