City Council Agenda December 9, 2003

"The miracle is this - the more we share, the more we have." - Leonard Nimoy

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, December 9, 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
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 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

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.

    NONE

  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 minutes of the regular meeting of the City Council held on November 25, 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 adopt resolution approving final map #26773 for a 3?unit condo at 510, 512 & 514 Ardmore Avenue. Memorandum from Community Development Director Sol Blumenfeld dated November 26, 2003 (PDF File).

    5. Recommendation to adopt resolution approving final map #26971 for a 2?unit condo at 736 Monterey Blvd. Memorandum from Community Development Director Sol Blumenfeld dated November 26, 2003 (PDF File).

    6. Recommendation to accept donations of $1,000 from Anthony and Jean Lombardo to be used for the Dewey Weber Memorial Statue project; $100 from Kathy Dunbabin to be used for maintenance on Veteran's Memorial; $50 from Lowell and Gloria Stirratt to be used for Fire Department training; $1,000 from Hawthorne Savings to be used for Tree Lighting ceremony; and, $250 from Richard Hankus on behalf of the Hermosa Beach Kiwanis Foundation to be used for Tree Lighting ceremony. Memorandum from Finance Director Viki Copeland dated December 3, 2003 (PDF File).

    7. Recommendation to accept the work by CJ Construction, Inc. for CIP Project No. 02-147 - Construction of Curb-Cut/Handicap Access Ramps as complete; authorize the Mayor to sign the Notice of Completion; authorize staff to release retention payment of CJ Construction, Inc. upon receipt of unconditional release from all subcontractors and suppliers; and, authorize staff to release CJ Construction, Inc. from the Faithful Performance Bond and the Labor and Materials Bond. Memorandum from Public Works Director Richard Morgan dated December 2, 2003 (PDF File).

    8. Recommendation to receive and file list of regular and ongoing City Board and Commission appointive terms that will expire during the 2004 calendar year. Memorandum from City Clerk Elaine Doerfling dated December 3, 2003 (PDF File).

    9. Recommendation to receive and file the action minutes of the Planning Commission meeting of December 3, 2003.

  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. TEXT AMENDMENT 03-13 - REVISIONS TO CHAPTER 17.40 TO ESTABLISH STANDARDS FOR CONDITIONALLY PERMITTED MIXED-USE PROJECTS IN THE C-1 COMMERCIAL ZONE. (Continued from meeting of October 14, 2003). Memorandum from Community Development Director Sol Blumenfeld dated December 2, 2003 (PDF File).

      RECOMMENDATION: Waive full reading and introduce ordinance.

    2. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO CONVERT A BREW-PUB RESTAURANT (ON-SALE BEER AND WINE AND LIVE ENTERTAINMENT) TO A FULL-SERVICE RESTAURANT WITH ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT) AT 73 PIER AVENUE (MEDITERRANEO RESTAURANT). Memorandum from Community Development Director Sol Blumenfeld dated December 1, 2003 (PDF File).

      RECOMMENDATION: Adopt resolution sustaining Planning Commission decision to approve.

    3. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR TO MEDIUM DENSITY RESIDENTIAL, A ZONE CHANGE FROM COMMERCIAL SPA-7 TO R-2 TWO-FAMILY RESIDENTIAL, AND THE DEVELOPMENT OF A NINE-UNIT CONDOMINIUM PROJECT AT 725 FIFTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 2003 (PDF File).

      RECOMMENDATION: Adopt resolution sustaining Planning Commission decision to deny.

  6. MUNICIPAL MATTERS

    1. REPORT ON STRUCTURAL OBSERVATION PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated November 19, 2003 (PDF File).

      RECOMMENDATION: Receive and file report.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER OF MARGARET DONNELLAN TODD, COUNTY LIBRARIAN, REGARDING SETTING A BALLOT MEASURE FOR THE MARCH 2004 BALLOT. Memorandum from City Manager Stephen Burrell dated December 4, 2003 (PDF File).

      RECOMMENDATION: Direct staff as deemed appropriate.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS PLANNING COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 2004. Memorandum from City Clerk Elaine Doerfling dated December 3, 2003 (PDF File).

      RECOMMENDATION: That the City Council direct the City Clerk to advertise the Planning Commission vacancy with a newspaper publication and normal posting procedures, inviting applications from persons interested in being appointed to fill the unexpired term ending June 30, 2004.

    2. CITY COUNCIL COMMITTEE ASSIGNMENTS - DECEMBER 2003. Memorandum from City Clerk Elaine Doerfling dated December 3, 2003 (PDF File).

      RECOMMENDATION: Update appointment list of committee delegates and alternates to reflect the recent change of Council members and adopt a resolution required to change the delegate for the Independent Cities Lease Finance Authority.

  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 November 12, 2003.

  2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    1. Property: Two contiguous parcel fronting 2nd and 3rd Streets, APN 4188-028-070 & 073
      Negotiating Parties: Stephen Burrell and Crosswind Capital, Inc.
      Under Negotiation: Price & Terms of Payment
    2. Property: 51 Pier Avenue
      Negotiating Parties: Stephen Burrell and Jerry Newton
      Under Negotiation: Price & Terms of Payment
  3. 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: Macpherson v. City of Hermosa Beach
    Case Number: BC172546
  4. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT