City Council Agenda August 12, 2003

"Life is not so short but that there is always time for courtesy." - Ralph Waldo Emerson

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, August 12, 2003 - 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
Art Yoon
COUNCIL MEMBERS
Sam Y. Edgerton
Kathy Dunbabin
J. R. Reviczky
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 available for public inspection in the Police Department, Fire Department, Public Library, Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council Chambers foyer.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ANNOUNCEMENTS

PRESENTATIONS

CLOSED SESSION REPORT FOR MEETING OF JULY 22, 2003: 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 Roger Creighton regarding Councilmember Yoon.
    2. Letter from Rick Koenig, Vice President of the Hermosa Art Foundation, regarding donation of three concrete picnic tables for use by the ARC/Easter Seals clients at The Community Center.
  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 receive and file memorandum from City Clerk Elaine Doerfling regarding the City Council minutes of July 8, July 22, July 31 & August 5, 2003.

    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 (PDF File).

    4. Recommendation to authorize the purchase and installation of Motorola brand UHF mobile and portable radio hardware and software for the Fire Department, including the Emergency Operations Center, from the South Bay Regional Public Communications Authority (RCC) in the amount of $19,235.90. Memorandum from Fire Chief Russell Tingley dated July 31, 2003 (PDF File).

    5. Recommendation to accept donations of $5,000 from Hawthorne Savings to be used for the Sunset Concert series; $8,000 from Chevron to be used for the Chevron Surf Camp; and, $650 from the Hermosa Arts Foundation to be used to purchase new speakers for the theatre. Memorandum from Finance Director Viki Copeland dated August 4, 2003 (PDF File).

    6. 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 August 4, 2003 (PDF File).

      Claimant: Southern California Edison
      Date of Loss: 07-10-03
      Date Filed: 07-30-03

    7. Recommendation to set a public hearing on the use of Proposition A funds including the WAVE program; commuter express bus; bus pass subsidy program; recreation related transportation and taxi vouchers for Tuesday, September 9, 2003. Memorandum from City Manager Stephen Burrell dated August 5, 2003 (PDF File).

    8. Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 16, 2003.

    9. Recommendation to adopt resolution exempting the south side of 29th Street, between Ingleside Drive and Morningside Drive, from the sidewalk requirement of subsection (b) of Section 12.08.010 General Requirement of Chapter 12.08 Street, Sidewalk, Curb and Gutter Construction of the Hermosa Beach Municipal Code. Memorandum from Public Works Director Richard Morgan dated July 17, 2003 (PDF File).

    10. Recommendation to approve First Amendment to Professional Services Agreement with Gerson/Overstreet for CIP 02-626 "Community Center Theatre ADA Upgrades" for an increase in scope of services for a fee of $11,400.00 and authorize the City Clerk to attest and the Mayor to execute said amendment upon approval to form by the City Attorney. Memorandum from Public Works Director Richard Morgan dated August 4, 2003 (PDF File).

    11. Recommendation to accept the work by Sialic Contractors Corporation dba Shawnan for Project No. CIP 01-159 "Street Improvements Hillcrest Drive & Rhodes Street from 18th to 21st Streets; 18th Place from Pacific Coast Highway to Prospect Avenue; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Sialic Contractors Corporation dba Shawnan (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated July 21, 2003 (PDF File).

    12. Recommendation to adopt resolution approving final map #26172 for a 3?unit condo at 636 9th Street. Memorandum from Community Development Director Sol Blumenfeld dated July 30, 2003 (PDF File).

    13. Recommendation to adopt resolution approving final map #26749 for a 2?unit condo at 301 Manhattan Avenue and 302 Palm Drive. Memorandum from Community Development Director Sol Blumenfeld dated July 30, 2003 (PDF File).

    14. Recommendation to advance $17,000 in Capital Improvement Funds (301) to cover costs of preparation of the Engineer's Report for the Beach Drive Undergrounding District. Memorandum from Finance Director Viki Copeland dated July 29, 2003 (PDF File).

    15. Recommendation to approve the plans, specifications, estimates, order the work and call for bids and instruct the City Clerk to post Notice Inviting Sealed Bids for Project No. CIP 02-185 Street Improvements - 5th St. from Ardmore to Prospect. Memorandum from Public Works Director Richard Morgan dated August 6, 2003 (PDF File).

    16. Recommendation that the City Council thank the Coordt family for their donation of a park bench for Valley Park. Memorandum from Public Works Director Richard Morgan dated July 21, 2003 (PDF File).

    17. Recommendation to approve the renewal of the City Prosecutor's contract effective 7/1/03 through 6/30/04. Memorandum from City Manager Stephen Burrell dated August 7, 2003 (PDF File).

    18. Recommendation to adopt resolution approving the Memorandum of Understanding between the City and the Hermosa Beach General & Supervisory Employees' Association represented by Teamster Local 911. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2003 (PDF File).

    19. Recommendation to adopt resolution approving the Memorandum of Understanding between the City and the Hermosa Beach Professional and Administrative Employee Group. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2003 (PDF File).

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 03-1231 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE REGULATION OF DAY CARE HOMES IN THE CITY." For adoption. Memorandum from City Clerk Elaine Doerfling dated August 4, 2003 (PDF File).

  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. 2000 REVISION OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND ADOPTION OF THE ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld (PDF File).

      RECOMMENDATION: Adopt resolution adopting the revised 2000 Housing Element Update and an Environmental Negative Declaration and direct staff to submit the document for certification by the State Department of Housing and Community Development.

    2. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL IMPLEMENTATION REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated August 4, 2003 (PDF File).

      RECOMMENDATION: Adopt resolution.

    3. TEXT AMENDMENT TO ALLOW CONDOMINIUMS AS A PERMITTED FORM OF OWNERSHIP IN ADDITION TO APARTMENTS ABOVE COMMERCIAL AS A PERMITTED USE IN THE C-1 ZONE. Memorandum from Community Development Director Sol Blumenfeld dated August 4, 2003 (PDF File)..

      RECOMMENDATION: That the City Council amend the permitted use list to clarify that condominiums are permitted in the C1 zone, which currently allows residential apartments above ground floor commercial uses.

  6. MUNICIPAL MATTERS

    NONE

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. UNDERGROUND DISTRICT UTILITY DISTRICT IN THE AREA FROM AVIATION BLVD, SOUTH TO 6TH STREET AND PACIFIC COAST HIGHWAY TO THE EASTERN CITY LIMITS OR PROSPECT AVENUE. Memorandum from City Manager Stephen Burrell dated August 7, 2003 (PDF File).

      RECOMMENDATION: That the City Council approve an expenditure of funds to develop the preliminary engineering for the above area that have submitted petition containing over 60% of the property owners in the proposed district. The cost estimate for the preliminary engineering for the electric system is $300,000.

  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 Reviczky to amend the commercial construction standards to be the same as the residential construction standards that require underground utility service for remodeling projects at the 50% level.

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 22, 2003.

  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)
    1. Name of Case: Macpherson v. City of Hermosa Beach
      Case Number: BC172546

    2. Name of Case: Hallstein v. City of Hermosa Beach
      Case Number: YC044467

  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association
    Hermosa Beach Firefighters' Association
    Teamsters Union, Local 911
    Professional and Administrative Employee Group
    Hermosa Beach Management Association
    Hermosa Beach Police Management Association
    Unrepresented employees

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT