MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, September 25, 2007, at the hour of 7:16 p.m.

PLEDGE OF ALLEGIANCE

Jackie Flaherty

ROLL CALL

Present:Bobko, Reviczky, Tucker, Mayor Keegan
Absent: Edgerton

PRESENTATIONS

CERTIFICATES OF APPRECIATION FROM THE COUNTY OF LOS ANGELES PUBLIC LIBRARY TO THE FRIENDS OF THE LIBRARY AND OTHER BUSINESS AGENCIES THAT SUPPORTED THE 2007 SUMMER READING PROGRAM

Carolyn Reed, Hermosa Beach Children’s Librarian, presented a Certificate of Appreciation to Betty Ryan from the Hermosa Beach Friends of the Library.

Betty Ryan invited everyone to the upcoming Friends of the Library book sale at 1309 Bard Street, for members only on Wednesday, October 17, from 6:00 p.m. to 7:30 p.m., and for the public on Saturday, October 20, from 9:30 a.m. to 12:30 p.m.

Ms. Reed also presented a Certificate of Appreciation to Diane Craigmiles from Supercuts in Hermosa Beach, who donated certificates for free haircuts for the children who met the requirements of the Summer Reading Program, and said she would be mailing Certificates of Appreciation to Round Table Pizza and Cold Stone Creamery in Hermosa Beach and Sammy’s Woodfire Pizza in Rolling Hills for donating prizes for the children as well. She invited everyone to events in the children’s area of the library, a Harry Potter Magic Show on Saturday, September 29, at 11:00 a.m., and on Saturday, October 6, at 11:00 a.m., a DVD showing of Surf’s Up to kick off Back to the Beach Month.

Hermosa Beach Librarian Elmita Brown added that after the Harry Potter Magic Show there would be a demonstration of Chinese cooking from 2-3 p.m.

ANNOUNCEMENTS

Councilmember Tucker said about 100 tickets were available for the Centennial Dinner on Saturday, September 29, but the deadline for ordering online from the City’s website is 6:00 p.m., Wednesday, September 26. He said some juvenile shoplifters were recently apprehended and commended Chief Savelli for his "hands-on" leadership, the entire Police Department, and the Neighborhood Watch program for community awareness, which contributes to apprehensions.

Councilmember Reviczky said another opportunity to participate in the Show of Hands at the wall on Ardmore Avenue near the skate park would take place Sunday, September 30, from 11 a.m. to 1 p.m. at a cost of $5 for children and $10 for adults. He said the Taste of Hermosa on September 30, on Pier Plaza from 3 to 6 p.m., would feature samples from several local restaurants.

Councilmember Bobko encouraged everyone to attend the Centennial Dinner and emphasized that the dress code was "Hermosa Festive."

Mayor Keegan announced that the mural depicting Hermosa history on the west wall of Cantina Real would be unveiled during The Taste of Hermosa at 3 p.m. He said the Centennial Dinner would feature a video, for sale later, depicting the 100-year history of the City, entertainment by world famous pianist David Benoit who attended Pier Avenue Junior High School, and a video from Jay Leno congratulating the City on its anniversary.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the City Council at this time was:

    Carla Merriman, Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, announced Man of the Year Mike Flaherty and Woman of the Year Kelly Kovac-Reedy, listed the achievements of the recipients, and said awards would be presented Friday, October 5, at the Portofino Inn, at the Board of Directors Installation Luncheon from 11:30 to 1:30 p.m.; said the new Leaping Dolphins statue located outside the Historical Museum would be unveiled during the cocktail hour of the September 29 Centennial Dinner, with the names of the 82 recipients of the Man and Woman of the Year award since 1959 listed on a black granite tablet.

  2. CONSENT CALENDAR:

    Action:To approve the consent calendar recommendations (a) through (i), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(e) Reviczky.
    Motion Reviczky, second Bobko. The motion carried, noting the absence of Councilman Edgerton.

      1. Regular meeting held on July 24, 2007;

      2. Adjourned Regular Meeting of July 31, 2007; and

      3. Regular meeting held on August 14, 2007.

      Action: To approve, as presented, the minutes of the Regular Meeting of July 24, 2007, the Adjourned Regular Meeting of July 31, 2007, and the Regular Meeting of August 14, 2007. (Edgerton absent)

    1. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 49279 THROUGH 49435.

      Action: To ratify the check register as presented. (Edgerton absent)

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

      Action: To receive and file the Tentative Future Agenda Items. (Edgerton absent)

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

      Action: To receive and file the July 2007 financial reports. (Edgerton absent)

    3. RECOMMENDATION TO ACCEPT DONATIONS OF $2,500 FROM HERMOSA KIWANIS FOUNDATION TO BE USED FOR THE CENTENNIAL DINNER; $2,047.75 FROM ANONYMOUS DONORS TO BE USED FOR THE 2008 SUNSET CONCERT SERIES; AND, $500 FROM THE VIETNAM VETERANS OF AMERICA – SOUTH BAY CHAPTER 53 TO BE USED FOR VETERANS’ MEMORIAL MAINTENANCE. Memorandum from Finance Director Viki Copeland dated September 13, 2007.

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

      Action: To accept the following donations:
      - $ 2,500 from Hermosa Kiwanis Foundation to be used for the Centennial Dinner;
      - $2,047.75 from anonymous donors to be used for the 2008 Sunset Concert Series; and
      - $ 500 from the Vietnam Veterans of America – South Bay Chapter 53 to be used for Veterans’ Memorial maintenance.
      Motion Reviczky second Mayor Keegan. The motion carried, noting the absence of Councilman Edgerton

    4. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 17, 2007.

      Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of August 31, 2007. (Edgerton absent)

    5. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 2007.

      Action: To receive and file the action minutes of the Planning Commission meeting of September 18, 2007. (Edgerton absent)

    6. RECOMMENDATION TO APPROVE THE NEW YEAR’S EVE CELEBRATION ENTERTAINMENT VENUE PROPOSAL FOR MUSICAL PERFORMANCE CONDUCTED BY “BIG BAND 2000” FROM 8:00 P.M. TO 12:15 A.M. Memorandum from Community Resources Director Lisa Lynn dated September 18, 2007.

      Action: To approve the New Year’s Eve Celebration entertainment venue proposal for musical performance conducted by “Big Band 2000” from 8:00 p.m. to 12:15 a.m. (Edgerton absent)

    7. RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 2006-07 TO 2007-08, APPROVAL OF GRANT-RELATED REVENUE REVISION, AND ADDITIONAL APPROPRIATION FOR 2006-07. Memorandum from Finance Director Viki Copeland dated September 20, 2007.

      Action: To reappropriate amounts listed in the staff report to the Fiscal Year 2007-2008 budget, approve a grant-related revenue revision and one change to a Fiscal Year 2006-2007 appropriation.

  3. At 7:37 p.m., the order of the agenda was suspended to go to public hearing item 5 (a).
  4. CONSENT ORDINANCES

    1. ORDINANCE NO. 07-1281 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PROVISIONS AND ENFORCEMENT PROCEDURES OF THE MUNICIPAL CODE. For adoption . Memorandum from City Clerk Elaine Doerfling dated September 18, 2007.

      Action: To waive full reading and adopt Ordinance No. 07-1281.
      Motion Reviczky, second Tucker. The motion carried by the following vote:

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

    2. ORDINANCE NO. 07-1287 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 17.52.070 OF THE ZONING ORDINANCE PERTAINING TO REBUILDING OF DAMAGED NONCONFORMING STRUCTURES. For adoption . Memorandum from City Clerk Elaine Doerfling dated September 13, 2007.

      Action: To continue to the next meeting of October 9, 2007, when all Councilmembers are present.
      Motion Bobko, second Tucker. The motion carried, noting the absence of Councilman Edgerton

  5. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Item 2(e) was heard at this time but is shown in order for clarity.

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

  6. PUBLIC HEARINGS

    1. HERMOSA STRAND INFILTRATION TRENCH, PHASE I -- PROPOSAL TO DIVERT STORM WATER RUN-OFF TO AN INFILTRATION TRENCH INSTALLED BELOW-GRADE AGAINST THE OCEAN SIDE OF THE CUTOFF WALL THAT SUPPORTS THE STRAND WALKWAY THAT EXTENDS APPROXIMATELY 14 FEET DEEP AND IS LOCATED APPROXIMATELY 300 FEET FROM THE SHORELINE; AND ADOPTION OF THE ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Public Works Director Richard Morgan and Community Development Director Ken Robertson dated September 18, 2007. Supplemental resolution authorizing the grant agreement received from staff on September 25, 2007.

      Public Works Director Morgan/Community Development Director Robertson presented the staff report and responded to Council questions.

      The public hearing opened at 7:39 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:39 p.m.

      Action: To approve the staff recommendation to:
      (1) Adopt Resolution No. 07-6567, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION FOR THE HERMOSA STRAND INFILTRATION TRENCH, PHASE 1, TO DIVERT STORM WATER RUN-OFF TO AN INFILTRATION TRENCH INSTALLED BELOW-GRADE AGAINST THE OCEAN SIDE OF THE STRAND WALL.” and
      (2) Adopt Resolution No. 07-6568, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AUTHORIZE A GRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR THE PURPOSE OF RECEIVING STATE BOND FUNDS UNDER PROPOSITION 50 CLEAN BEACHES INITIATIVE GRANT PROGRAM FOR THE DESIGN AND CONSTRUCTION OF THE HERMOSA STRAND INFILTRATION TRENCH PROJECT.”
      Motion Reviczky, second Tucker. The motion carried, noting the absence of Councilman Edgerton.

  7. MUNICIPAL MATTERS

    1. MATRIX FIRE DEPARTMENT STUDY. Memorandum from City Manager Stephen Burrell dated September 20, 2007. Supplemental memorandum and report received from City Manager Burrell on September 25, 2007.

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

      Action: To schedule a special study session for Thursday, November 29, 2007 to review the report and receive the consultant’s presentation.
      Motion Mayor Keegan, second Tucker. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    None

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  10. OTHER MATTERS - CITY COUNCIL

    None

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

City Manager Burrell announced that the Closed Session was canceled.

  1. MINUTES: Approval of minutes of Closed Session meeting held on July 24, 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: Marullo v. City of Hermosa Beach
    Case Number: CV 06-4507 PA

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Eleanor Lynn, on Tuesday, September 25, 2007, at the hour of 7:58 p.m. to the Regular Meeting of Tuesday, October 9, 2007, at the hour of 7:10 p.m.