City Council Agenda September 27, 2005

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, September 27, 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 AUGUST 9, 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.

    NO WRITTEN COMMUNICATIONS

  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:

      Minutes of the Special meeting held on September 1, 2005; ; and,

      Minutes of the Regular meeting held on September 13, 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 August 2005 financial reports:

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

    5. Recommendation to accept donations of $10,000 from Nestle Waters North America to be used for the Sunset Concert Series FY 05-06; $10,000 from Grand Central Marketing to be used for the Sunset Concert Series FY 06-07; and, $970.47 from concert attendees at the Sunset Concert of August 14, 2005 to be used for Sunset Concert Series FY 06-07. Memorandum from Finance Director Viki Copeland dated September 19, 2005.

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

    7. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated September 19, 2005.

    8. Recommendation to receive and file the action minutes of the Planning Commission meeting of September 20, 2005.

    9. Recommendation to approve the implementation of a New Year’s Eve Celebration and select entertainment venue proposal for musical performance conducted by “Big Band 2000” from 8:00pm to 12:15am. Memorandum from Community Resources Director Lisa Lynn dated September 19, 2005.

    10. Recommendation to receive and file notice of closed claims. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 20, 2005.

    11. Recommendation for reappropriation of funds from 2004-05 to 2005-06, additional appropriations for 2004-05, 2005-06. Memorandum from Finance Director Viki Copeland dated September 19, 2005.

    12. Recommendation to receive and file report regarding parking enforcement on violations for parking on sidewalks. Memorandum from Police Chief Michael Lavin dated September 21, 2005.

    13. Recommendation to accept the work by Hardy & Harper, Inc. for Project No. CIP 04-115 Street Improvements – 20th Street from Valley Dr. to Power St.; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Orion Contracting, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated September 21, September 21, 2005.

    14. Recommendation to award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 04-117 – Manhattan Avenue Street Improvements in the amount of $26,250; authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and, authorize the Director of Public Works to make changes to the agreement up to $3,000. Memorandum from Public Works Director Richard Morgan dated September 19, 2005.

    15. Recommendation to award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 05-120 –Street Improvements Various Streets in the amount of $34,670; authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and, authorize the Director of Public Works to make changes to the agreement up to $4,000. Memorandum from Public Works Director Richard Morgan dated September 21, 2005.

    16. Recommendation to adopt resolution declaring intention to vacate and abandon for public purposes 1.13 feet of the east side of Loma Drive and the 1.70 feet of the south side of 8th Street along the frontage of the property located at 760 Loma Drive and set a public hearing for October 25, 2005. Memorandum from Public Works Director Richard Morgan dated September 15, 2005.

    17. Recommendation to adopt resolution approving final map #060280 for a 2 unit condo at 817 6th Street. Memorandum from Community Development Director Sol Blumenfeld dated September 20, 2005.

    18. Recommendation to approve the following claim subject to obtaining a release from the Claimant. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 29, 2005.

      Claimant: Loberg, Teresa
      Date of Loss: 06-29-05
      Date Filed: 08-25-05
      Allegation: Property Damage

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 05-1253 – “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW GRADE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 2005.

    2. ORDINANCE NO. 05-1254 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 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. TEXT AMENDMENT TO SECTION 17.50.080 REGARDING PROHIBITED SIGNS. Memorandum from Community Development Director Sol Blumenfeld dated September 21, 2005.

      RECOMMENDATION : Waive full reading and introduce ordinance.

    2. 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. Letter from applicant, William Messori of Mar Ventures, Inc. dated September 20, 2005.

      RECOMMENDATION : Withdraw appeal per applicant’s request.

    3. APPEAL OF THE PLANNING COMMISSION DECISION TO MERGE TWO OF THE FOUR LOTS THAT COMPRISE THE PROPERTY AT 550 21ST STREET--RESULTING IN THREE LOTS. Memorandum from Community Development Director Sol Blumenfeld dated September 21, 2005.

      PLANNING COMMISSION RECOMMENDATION : To sustain the decision to merge lots 37 with 38 (the 27-foot wide lot), which will result in three parcels: one parcel of 67’ X 100’ feet (6700 square feet), and two with dimension of 40’ X 100’ (4,000 square feet).

  6. MUNICIPAL MATTERS

    1. REQUEST FOR WAIVER OF BANNER PERMIT FEES FROM THE HERMOSA BEACH WOMAN’S CLUB FOR THE ANNUAL PANCAKE BREAKFAST ON OCTOBER 16, 2005. Memorandum from City Manager Stephen Burrell dated September 22, 2005.

      RECOMMENDATION: That the City Council waive the $245 banner fee for the pancake breakfast on October 16, 2005.

    2. DISCUSSION OF BEACH CITIES HURRICANE RELIEF EFFORT.

      RECOMMENDATION :That City Council provide direction to staff.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    None

  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.

    a. Request from Mayor Reviczky to direct staff to develop a policy allowing free parking in the parking structure and Lot “A” for those vehicles displaying handicapped plaques or license plates.

    b. Request from Councilmember Yoon to present a commendation to Barbara Robinson of P.I.N.K. for the renovation of the building at 238 Pier Avenue.

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

    1. MINUTES:

      a. Approval of minutes of Closed Session meeting held on September 1, 2005;

      b. Approval of minutes of Closed Session meeting held on September 13, 2005.

    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: Rusth v. City of Hermosa Beach et al
      Case Number: CV04-4316-DSF

    3. CONFERENCE WITH LABOR NEGOTIATOR
      Government Code Section 54957.6

      City Negotiator: Stephen Burrell
      Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911

    4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
      Government Code Section 54957

      Title: CITY MANAGER

    ADJOURN TO CLOSED SESSION

    RECONVENE TO OPEN SESSION

    ADJOURNMENT