City Council Agenda January 13, 2004

"We know what a person thinks not when he tells us what he thinks, but by his actions." - Isaac Bashevis Singer

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, January 13, 2004 - 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

PROCLAMATIONS AND PRESENTATIONS

CLOSED SESSION REPORT FOR MEETING OF DECEMBER 9, 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.

    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 approve the following minutes:

      1. Minutes of the Regular meeting held on November 25, 2003;
      2. Minutes of the Regular meeting held on December 9, 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 receive and file the November 2003 financial reports:

      1. Revenue and expenditure report (PDF File);
      2. City Treasurer's report (PDF File); and,
      3. Investment report (PDF File).
    5. Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl (PDF File).

      Claimant: Prada, Claudia
      Date of Loss: 08-29-03
      Date Filed: 12-17-03
      Claimant: Briley, Christopher; Thomas, Justin; Agner, Kenneth
      Date of Loss: 07-04-03
      Date Filed: 12-09-03
    6. Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 19, 2003.

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan.

    8. Recommendation to accept donations of $100 from Elaine Doerfling to be used for maintenance of the Veterans' Memorial and $2,215 from Rockland Financial to be used for a memorial bench for Steve Fishman to be located in Valley Park. Memorandum from Finance Director Viki Copeland dated January 5, 2004 (PDF File).

    9. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 2, 2003.

    10. Recommendation to award construction contract to Alliance Streetworks, Anaheim, California, for Project No. CIP 02-185 Street Improvements - 5th Street from Ardmore Avenue to Prospect Avenue, based upon their lowest responsible bid of $176,969.00; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; authorize the Director of Public Works to make minor changes as necessary within the contingency of $9,000; and, approve the Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $24,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated January 6, 2004 (PDF File).

    11. Recommendation to approve an increase in the contract amount paid to the City's landscaping contractor, US Landscapes, Inc. Memorandum from Public Works Director Richard Morgan dated January 6, 2004 (PDF File).

    12. Recommendation to amend the construction contract with Pima Corporation to include previously deleted interior improvements and street improvements on Pier Avenue from the original contract in the amount of $53,000; appropriate $125,559 from the CDBG Fund to provide necessary funding to cover the cost of added items, consultant fees and to provide a 20% contingency for the construction contract with Pima Corporation; 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 January 6, 2004 (PDF File).

    13. Recommendation to receive and file status report on the Beach Drive Underground Utilities Assessment District; approve appropriation in the amount of $15,000 to be consistent with City Council approval of the contract for Assessment Engineering; approve agreement with Northcross, Hill & Ach in the amount of $5000 to assist the City in a private bond placement should the district proceed. Memorandum from City Manager Stephen Burrell dated January 8, 2004 (PDF File).

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 04-1235 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ADDING A NEW SUB-SECTION TO CHAPTER 17.40 TO PROVIDE STANDARDS FOR CONDITIONALLY PERMITTED MIXED-USE PROJECTS IN THE C-1 COMMERCIAL ZONE. For adoption. Memorandum from City Clerk Elaine Doerfling dated December 24, 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. APPEAL OF THE PLANNING COMMISSION DECISION, ON OCTOBER 21, 2003, DENYING A VARIANCE TO ALLOW A GREATER THAN 250 SQUARE FOOT ADDITION ON A PROPERTY CONTAINING THREE UNITS WITH LESS THAN TWO PARKING SPACES PER UNIT AT 1427 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld (PDF File).

      RECOMMENDATION: Sustain the Planning Commission decision to deny the variance.

    2. APPEAL OF THE PLANNING COMMISSION DECISION, ON OCTOBER 21, 2003, TO DENY A VARIANCE TO LOT COVERAGE REQUIREMENT IN ORDER TO ALLOW AN ADDITION AND REMOVAL AND CONVERSION OF A DUPLEX TO A SINGLE-FAMILY DWELLING, RESULTING IN 71% LOT COVERAGE RATHER THAN THE MAXIMUM 65% AT 259 31ST STREET. Memorandum from Community Development Director Sol Blumenfeld (PDF File).

      RECOMMENDATION: Deny the variance by adoption of resolution.

    3. CONSIDERATION OF REQUEST BY HERMOSA BEACH CHAMBER OF COMMERCE TO HOLD FIESTAS HERMOSA ON MEMORIAL DAY (MAY 29, 30 & 31, 2004) AND LABOR DAY (SEPTEMBER 4, 5, AND 6, 2004) AND CONSIDERATION OF A MULTI-YEAR AGREEMENT. Memorandum from City Manager Stephen Burrell dated January 6, 2004 (PDF File).

      RECOMMENDATION: 1) That the City Council approve the request for two 2004 Fiestas, including the following additional items: waive application, banner and amplification fees as a non-profit organization and bill only for actual costs for various direct services, use of Proposition A funds for the shuttle bus, vendor booths on Pier Plaza to be removed at the end of each event day; and, 2) Direct staff to return at the meeting of February 24, 2004 with a multi-year agreement with the Chamber of Commerce similar to the agreement in effect during 1996-2000.

    4. INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES A PORTION OF 22ND STREET, BETWEEN THE STRAND AND BEACH DRIVE. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).

      RECOMMENDATION: Adopt resolution ordering the vacation and abandonment for public purposes a portion of 22nd Street.

    5. TEXT AMENDMENT TO CLARIFY THE DISTINCTION BETWEEN RESTAURANTS AND SNACK SHOPS. Memorandum from Community Development Director Sol Blumenfeld.

      RECOMMENDATION: Continue the hearing to the February 10, 2004 meeting.

  6. MUNICIPAL MATTERS

    1. NUISANCE ABATEMENT OF PROPERTY AT 24 8TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 16, 2003 (PDF File).

      RECOMMENDATION: Direct staff as deemed appropriate.

    2. FILM PERMIT POLICY AND FEE SCHEDULE. Memorandum from Community Resources Department dated December 17, 2003 (PDF File).

      RECOMMENDATION: Review and adopt the film permit policy and application.

    3. REPORT ON THE STRAND BY THE POLICE DEPARTMENT. Memorandum from Police Chief Michael Lavin dated January 5, 2004 (PDF File).

      RECOMMENDATION: Receive and file report and enact any or all of the proposed recommendations in the report.

    4. TEXT AMENDMENT TO AMEND SECTION 17.46.010 TO CHANGE THE ALLOWABLE SIZE AND HEIGHT OF CHIMNEYS. Memorandum from Community Development Director Sol Blumenfeld dated November 25, 2003 (PDF File).

      RECOMMENDATION: Waive full reading and Introduce ordinance.

    5. CITY'S BANNER PROGRAM. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).

      RECOMMENDATION: Receive and file report.

    6. PROJECT NO. CIP 00-630 PIER RENOVATION - PHASE III. Memorandum from Public Works Director Richard Morgan dated January 5, 2004 (PDF File).

      RECOMMENDATION: Reject all bids Direct staff as to changes in Scope of Work.

    7. REGULATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. Memorandum from City Attorney Michael Jenkins dated January 13, 2004.

      RECOMMENDATION: Consider whether to: 1) retain the prohibition of the operation of EPAMDS on the Strand and on commercial sidewalks in the City; 2) permit the operation of EPAMDS in all locations in the City; or 3) regulate the locations in which EPAMDS may be used in the City.

    8. STATUS REPORT ON WIFI/BROADBAND SYSTEM INSTALLATION BY THE CITY ON A PHASED APPROACH. Memorandum from City Manager Stephen Burrell dated January 8, 2004 (PDF File).

      RECOMMENDATION: That the City Council review and consider the proposal.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. CITY HALL OPERATING HOURS. Memorandum from City Manager Stephen Burrell dated December 29, 2003 (PDF File).

      RECOMMENDATION: Provide further direction to staff regarding whether or not a change will be made.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. CITY COUNCIL COMMITTEE ASSIGNMENTS - JANUARY 2004. Memorandum from City Clerk Elaine Doerfling dated December 24, 2003 (PDF File).

      RECOMMENDATION: Update the 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.

    2. REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated January 7, 2004 (PDF File).

      RECOMMENDATION: Receive and file report.

  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 December 9, 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
  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association
  4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT