City Council Agenda December 13, 2005

AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, December 13, 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

CONSIDERATION OF AN ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36512 TO PROVIDE THE CITY COUNCIL AN ALTERNATIVE PROCEDURE TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL

CANVASS OF VOTES AND INSTALLATION OF OFFICERS

ANNOUNCEMENTS

CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 22, 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 Patricia Egerer dated December 5, 2005 regarding signalization at Pacific Coast Highway at 16th Street.

  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 minutes of the regular meeting of the City Council held on November 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 deny the following claim and refer it to the City’s Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 6, 2005.

      Claimant: Donna Bullock Carrera
      Date of Loss: 12/04, 5/20/05 & 11/17/05
      Date Filed: 11/22/05
      Allegation: Claimant alleges Hermosa Beach Police made unwarranted searches of home, refused to take police reports, and harassed her.

    5. Recommendation to accept donations of $100.00 from Joanne Park, $25.00 from Linda Russell, $50.00 from Nicholas & Rosemarie Penque, $25.00 from James & Jane Gierlich, $50.00 from Executive Trading Company, $10.00 from Edward & Joy Jardim and $120.00 from Ozzie & Gloria Cadena to be used for the Jazz Memorial; $500.00 from the Woman’s Club of Hermosa Beach to be used for the Veteran’s Memorial Maintenance; and, $300.00 from the Woman’s Club of Hermosa Beach to be used for the Sand Snowman Contest and Treelighting Ceremony. Memorandum from Finance Director Viki Copeland dated December 5, 2005.

    6. Recommendation to authorize the award to modify the fire station lobby per fire department specifications to MJ Seitz Construction in the amount of $12,738.63. Memorandum from Fire Chief Russell Tingley dated December 6, 2005.

    7. Recommendation to authorize the award of the re-roofing contract for Project No. CIP 05-633 Re-Roofing of City Buildings – City Yard Maintenance Building and Community Center Complex in the total amount of $166,027 to Best Contracting Services Inc. of the City of Gardena; authorize the transfer of $86,027 from CIP 05-120 to CIP 05-633; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes as necessary within the contingency amount of $10,000. Memorandum from Public Works Director Richard Morgan dated December 7, 2005.

    8. Recommendation to adopt resolution approving the taxi cab base rate increase to $2.20 effective December 13, 2005. Memorandum from City Manager Stephen Burrell dated December 7, 2005

    9. Recommendation to accept the work by Williams Pipeline Contractors, Inc. for Project No. CIP 00-409 Sewer Manhole Construction and Repairs – Various Locations and Project No. CIP 00-412 Target Area 2 Sewer Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Williams Pipeline Contractors, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated December 7, 2005.

    10. Recommendation to approve an amendment to the contract for Mel Green & Associates (MGA) and Willdan Associates for on-going staff services for interim senior inspector position. Memorandum from Community Development Director Sol Blumenfeld dated December 6, 2005.

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

    12. Recommendation to approve the First Amendment to Agreement for Solid Waste and Recyclables Collection, Processing and Disposal Service between the City of Hermosa Beach and Consolidated Disposal Service and authorize the City Manager to sign on behalf of the City. Memorandum from City Manager Stephen Burrell dated December 6, 2005.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 05-1257 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 2005.

    2. ORDINANCE NO. 05-1258 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE) LEGALLY DESCRIBED AS LOT 9 WALTER RANSOM CO’S VENABLE PLACE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 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. CONSIDERATION FOR APPROVAL OF 2006 & 2007 ST. PATRICK’S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 18, 2006 AND SUNDAY, MARCH 19, 2006 AND SATURDAY, MARCH 17, 2007 AND SUNDAY, MARCH 18, 2007. Memorandum from Community Resources Director Lisa Lynn dated December 6, 2005.

      RECOMMENDATION: Approve the request from the South Bay St. Patrick’s Day Weekend Committee (SBSPDC) and approve fee waiver/funding requests as specified in the staff report.

    2. ADOPTION OF AN ORDINANCE RELATING TO CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005.

      RECOMMENDATION: 1. Conduct the public hearing to solicit comments regarding the proposed ordinance; and, 2. Waive full reading and introduce the ordinance.

    3. EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND VERIZON CALIFORNIA, INC. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005.

      RECOMMENDATION: 1. Conduct a public hearing to gather public input on the proposed cable franchise agreement between the City and Verizon California Inc. (“Franchise Agreement”) and to consider the impacts of the proposed Franchise Agreement, as required by California Government Code § 53066.3, 47 U.S.C. § 541(a), and other applicable provisions of law, as well as any applicable provisions of existing franchises; and, 2. Introduce and waive full reading of an ordinance making certain findings, approving the proposed cable franchise agreement and authorizing and directing execution of the proposed Franchise Agreement between the City and Verizon California Inc.

  6. MUNICIPAL MATTERS

    1. BEACH DRIVE UTILITY UNDERGROUNDING DISTRICT. Memorandum from Public Works Director Richard Morgan dated December 6, 2005.

      RECOMMENDATION: Receive and file project status report for the Beach Drive Utility Undergrounding District (UUD).

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. REQUEST FROM ABC REGARDING APPLICATION OF LARA SOWINSKI, 302 PIER AVENUE, TO ALLOW ON-PREMISES WINE SAMPLING IN CONJUNCTION WITH OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated December 7, 2005

      RECOMMENDATION: That the City Council consider taking an action to direct staff to write a letter to ABC stating that granting a license to allow sampling of wine would serve the public convenience and necessity.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. CONSIDERATION OF APPOINTMENT OR SPECIAL ELECTION TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL. Memorandum from City Clerk Elaine Doerfling dated December 1, 2005.

      RECOMMENDATION: That the City Council consider the alternatives available for filling the anticipated vacancy on the City Council resulting from Howard Fishman’s announcement that he does not intend to be sworn into office, either by appointment or a special election, and take action as required by the California Elections Code.

    2. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated December 1, 2005.

      RECOMMENDATION: Appoint delegates and alternates to the various committees consistent with the policy of maintaining permanent representation whenever possible and delete any obsolete temporary subcommittees as appropriate.

  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:

      1. Approval of minutes of Closed Session meeting held on November 22, 2005.
    2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
      Government Code Section 54956.8

      Property: 4183-013-900
      Negotiating Parties: Stephen Burrell & Larry Daniels Under Negotiation: Price & Terms of Payment

    3. CONFERENCE WITH LABOR NEGOTIATOR
      Government Code Section 54957.6

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

    ADJOURN TO CLOSED SESSION

    RECONVENE TO OPEN SESSION

    ORAL ANNOUNCEMENTS

    ADJOURNMENT