City Council Agenda June 28, 2005

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, June 28, 2005 - Council Chambers, City Hall
1315 Valley Drive
Regular Session - 7:10 p.m.
Closed Session - Immediately following Regular Session

MAYOR
J.R. Reviczky
MAYOR PRO TEM
Peter Tucker
COUNCIL MEMBERS
Sam Y. Edgerton
Michael Keegan
Art Yoon
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

CLOSED SESSION REPORT FOR MEETING OF JUNE 14, 2005: 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 Paul Ishikawa dated June 7, 2005 regarding illegally parked vehicles and the speed of vehicles on “sidewalkless” streets.

    2. Letter from Roger Creighton dated May 29, 2005 regarding Easy Reader campaign statement by Councilmember Yoon.

    3. Letter from Roger Creighton dated June 11, 2005 regarding sidewalk safety.

  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 regarding the Minutes of the meetings of June 1 and June 14, 2005. Memorandum from City Clerk Elaine Doerfling dated June 22, 2005.

    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 May 2005 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 June 21, 2005.

    6. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 7, 2005.

    7. Recommendation to receive and file the action minutes of the Planning Commission meeting of June 21, 2005.

    8. Recommendation to adopt a resolution which, consistent with past policy, establishes a 200-word limit and requires candidates to pay all associated costs with regard to candidates statements for the November 8, 2005 General Municipal Election.
      Memorandum from City Clerk Elaine Doerfling dated June 22, 2005.

    9. Recommendation to award the Maintenance Contract for Janitorial Services to The Resource Collection of Hawthorne, California in the total amount of $276,264 for three years and authorize the Mayor to execute and the City Clerk to attest the maintenance contract subject to approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated June 21, 2005.

    10. Recommendation to approve the request for AVPNext Beach Volleyball Tournament. Memorandum from Community Resources Director Lisa Lynn dated June 21, 2005.

    11. Recommendation to award a Construction Contract to Damon Construction Company in the amount of $87,920.00 for Project No. CIP 04-113 Concrete Street Improvements – Various Locations; authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes to the contract as necessary within the contingency of $9,000. Memorandum from Public Works Director Richard Morgan dated June 21, 2005.

    12. Recommendation to authorize a three-year extension of the Sewer Maintenance Contract with Empire Pipe Cleaning and Equipment Inc. and for Storm Drain Maintenance with United Storm Water, Inc.. Memorandum from Public Works Director Richard Morgan dated June 21, 2005.

    13. Recommendation to award contract for Fire Station Lobby Modification Project to Cal-West Construction & Cabinetry in the amount of $8,100.00. Memorandum from Fire Chief Russell Tingley dated June 21, 2005.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 04-1251 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA REGARDING NOISE FROM COMMERCIAL ESTABLISHMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.

      For adoption. Memorandum from City Clerk Elaine Doerfling dated June 22, 2005.

  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’S DENIAL OF A GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, TWO-FAMILY RESIDENTIAL, TO ALLOW THE DEVELOPMENT OF UP TO TWO RESIDENTIAL UNITS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 722 1ST STREET. (Continued from meeting of May 24, 2005) Letter from appellant dated June 21, 2005.

      RECOMMENDATION : Per appellant request, continue to meeting of July 26, 2005.

    2. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2005. Memorandum from City Manager Stephen Burrell dated June 20, 2005.

      RECOMMENDATION : Receive testimony from affected property owners regarding their delinquent refuse bills and adopt resolution authorizing and directing the County Assessor to include delinquent refuse charges, which remain ten days following this hearing, as a special assessment for collection as part of the County tax collection process.

    3. APPEAL OF PLANNING COMMISSION DECISION TO DENY THE GENERAL PLAN AMENDMENT AND ZONE CHANGE AND APPROVE THE CONDOMINIUM PROJECT SUBJECT TO CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE AT 19 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 21, 2005.

      RECOMMENDATION : Adopt a resolution sustaining the Planning Commission’s decision to deny the requested General Plan Amendment and Zone Change.

  6. MUNICIPAL MATTERS

    1. WAVE PROGRAM - CONTINUED PARTICIPATION IN WAVE SENIOR AND DISABLED PARATRANSIT SERVICE, WHICH WOULD BE COVERED BY THE USE OF SUB REGIONAL FUNDS. Memorandum from City Manager Stephen Burrell dated June 21, 2005.

      RECOMMENDATION : That the City Council authorize the continued participation in the Wave Program, now redesigned to only provide service to seniors and disabled riders, at no direct cost to the city.

    2. CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 8, 2005. Memorandum from City Clerk Elaine Doerfling dated June 22, 2005.

      Attachment #1
      Attachment #2
      Attachment #3
      Attachment #4
      Attachment #5

      RECOMMENDATION :Adopt resolutions.

    3. E-NEWSLETTER. Memorandum from City Manager Stephen Burrell dated June 23, 2005.

      RECOMMENDATION : That the City Council review the attached information received as a result of soliciting a request for proposal to provide the e-newsletter service; and that the City Council determine whether or not it wishes to continue with the e-newsletter service.

    4. ALTERNATIVE ORDINANCE FOR THE CONSIDERATION BY THE VOTERS FOR CONTROLLING IMPROVEMENTS ON THE GREENBELT AND ON THE BEACH. Memorandum from City Manager Stephen Burrell dated June 21, 2005.

      RECOMMENDATION : That the City Council review the ordinance to be placed on the ballot as an alternative to the initiative ordinance which will also be on the November 2005 ballot.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LIBRARY PROPERTY TAX CONSIDERATION FOR THE USE OF SURPLUS FUNDS. Memorandum from City Manager Stephen Burrell dated June 21, 2005.

      RECOMMENDATION :That the City Council review the proposed alternatives for the use of surplus property tax funds collected for the operation of the library and select an alternative and direct the City Manager to inform the Library system.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS SCHEDULE APPLICANT INTERVIEWS FOR PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSIO Memorandum from City Clerk Elaine Doerfling dated May 5, 2005.

      RECOMMENDATION :That the City Council schedule a meeting for a time certain prior to the regular meeting of Tuesday, July 12, 2005, for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Advisory Commission, with appointments to follow at the regular Council meeting.

  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.

    a. Recommendation from Councilmember Keegan that the City Council adopt a resolution in opposition to H.R. 2726 which would prohibit municipal governments from offering telecommunications, information, or cable services except to remedy market failures by private enterprise to provide such services.
    Memo

    b. Recommendation from Mayor Reviczky that the City Council change its action of referring the issue of revising the method currently used to measure the height of commercial buildings to the Planning Commission for review and recommendation to delete this referral to Planning Commission for action on this issue.

    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 June 14, 2005.

    2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
      Government Code Section 54956.8

      Property: 552 11th Place, APN: 4187-020-044
      Negotiating Parties: Stephen Burrell & Stephen Grossman
      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
      Hermosa Beach Firefighters' Association
      Teamsters Union, Local 911
      Professional and Administrative Employee Group
      Hermosa Beach Management Association
      Hermosa Beach Police Management Association
      Unrepresented employees

    4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
      Government Code Section 54957

      Title: CITY MANAGER

    ADJOURN TO CLOSED SESSION

    RECONVENE TO OPEN SESSION

    ADJOURNMENT