AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, April 25, 2006 - Council Chambers, City Hall
1315 Valley Drive

Regular Session - 7:10 p.m.
Closed Session - Immediately following Regular Session

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

MUNICIPAL CLERKS WEEK APRIL 30 – MAY 6, 2006

ROTARY CLUB OF HERMOSA BEACH 75TH ANNIVERSARY

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 Roger Creighton dated April 14, 2006 regarding sidewalk construction at Edith Rodaway Park.

    2. Letter from Howard Longacre dated April 19, 2006 regarding In-Lieu parking spaces.

    3. Letter from Hermosa Beach Historical Society dated April 13, 2006 regarding the Historical Museum Expansion Funding request.

      RECOMMENDATION: Refer item to the Budget Workshop on June 1, 2006.

    4. Letter from Albro Lundy of Baker, Burton & Lundy dated April 17, 2006 regarding 726 Prospect Avenue.

  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 Adjourned Regular meeting held on April 11, 2006 ; and,

      2. Minutes of the Regular meeting held on April 11, 2006.

    2. Recommendation to ratify check register.

    3. Recommendation to receive and file Tentative Future Agenda Items.

    4. Recommendation to receive and file the March 2006 financial reports :

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

    5. Recommendation to accept donations of $250.00 from Gary and April Wayland to be used for the Centennial Celebration and $553.00 from the Vietnam Veteran’s of America, South Bay Chapter to be used for the Veterans’ Memorial maintenance. Memorandum from Finance Director Viki Copeland dated April 13, 2006.

    6. Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated April 17, 2006.

    7. Recommendation to deny the following claims and refer them to the City’s Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 17, 2006.

      Claimant: Alan Nakamura
      Date of Loss: 1/27/06
      Date Filed: 4/4/06
      Allegation: Police Harassment.

      Claimant: Rhonda Erlich
      Date of Loss: 3/13/06
      Date Filed: 4/5/06
      Allegation: Personal Injury.

    8. Recommendation to appropriate $1679.45 from the California Law Enforcement Equipment Program Fund, High Technology Grant (CLEEP) program to purchase eleven (11) Pentek digital ballpoint pen recording devices. Memorandum from Police Captain Thomas Eckert dated April 10, 2006.

    9. Recommendation to approve request from INNOVA Marketing, Inc. to utilize Pier Plaza for a one-day sales promotion of GAP merchandise, Friday, May 19, 2006 from 10:00am to 5:00pm. Memorandum from Community Resources Director Lisa Lynn dated April 18, 2006.

    10. Recommendation to adopt resolution reflecting the City Council decision to overturn the Planning Commission and merge the two lots at 726 Prospect Avenue into one parcel. Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2006.

    11. 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 April 19, 2006.

      Claimant: Nicholls, David
      Date of Loss:8/25/05
      Date Filed: 2/22/06
      Allegation: Constitutional Rights violation, personal injury.

    12. Recommendation to adopt resolution ordering the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 2006-07. Memorandum from Public Works Director Richard Morgan dated April 18, 2006.

    13. Recommendation to approve Final Map #060571 for a 3-unit condominium at 403 11th Street. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006.

    14. Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 15, 2006.

    15. Recommendation to receive and file the action minutes of the Planning Commission meeting of April 18, 2006.

    16. Recommendation to authorize the award of construction contract for the Police Department HVAC Upgrades to Rusher Air Conditioning of Torrance, California, in the amount of $165,165, creating CIP 05-645 Police Department HVAC Upgrades; authorize transfer of funds totaling $137,110 from Building Maintenance, 2nd Street Resurfacing, Re-roofing of City buildings, Concrete Repairs at Various Locations and 20th Street, Valley to Power; authorize appropriation of $48,055 from the Equipment Replacement Fund; authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and, authorize the Director of Public Works to issue change orders up to $20,000. Memorandum from Public Works Director Richard Morgan dated April 20, 2006.

  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.

    NONE

  6. MUNICIPAL MATTERS

    1. INTERIM URGENCY ORDINANCE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES. Memorandum from City Manager Stephen Burrell dated April 18, 2006.

      RECOMMENDATION: Adopt urgency ordinance.

    2. CODE AMENDMENT TO ADDRESS VARIANCE ISSUES ON R-1 SMALL LOTS. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006.

      RECOMMENDATION:Initiate amendment to the R-1 small lot special exception standards to increase lot coverage, allow the required front yard to contribute to the open space requirement; and, refer the matter to the Planning Commission for report and recommendation.

    3. NUISANCE ABATEMENT OF PROPERTY AT 1811 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006.

      RECOMMENDATION:Direct as deemed appropriate.

    4. NUISANCE ABATEMENT OF PROPERTY AT 138 1st Street. Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2006.

      RECOMMENDATION:Direct as deemed appropriate.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. AB2329 (OROPEZA) – SOUTH BAY STATISTICAL DATA. Memorandum from City Manager Stephen Burrell dated April 20, 2006.

      RECOMMENDATION: That the City Council support AB2329 (Oropeza) which would create a South Bay Statistical area for state data.

  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 Tucker to agendize the issue of banning smoking on the beach.

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 April 11, 2006.

  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: Macpherson v. City of Hermosa Beach
    Case Number: BC172546

    Name of Case: John Y. Kim, Jr. v. City of Hermosa Beach
    Case Number: YC050763

  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

ADJOURN TO CLOSED SESSION

RECONVENE TO OPEN SESSION

ORAL ANNOUNCEMENTS

ADJOURNMENT