AGENDA

REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, May 23, 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

CLOSED SESSION REPORT FOR MEETING OF MAY 9, 2006: 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.

  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 May 9, 2006.

    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 April 2006 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 May 15, 2006.

    6. Recommendation to give a retroactive authorization to Councilmember Reviczky to act as the voting representative at the May 17, 2006 Sanitation District Board Meeting. Memorandum from City Manager Stephen Burrell dated May 16, 2006.

    7. Recommendation to reject all bids for Project Nos. CIP 04-117, CIP 05-109, and CIP 05-120 Street Improvements; authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary; and, authorize Staff to re-advertise for bids and invite all previous participating bidders to re-bid on the project. Memorandum from Public Works Director Richard Morgan dated May 16, 2006.

    8. Recommendation to Award the Construction Contract to Fleming Environmental, Inc. in the amount of $316,473 for Project No. CIP 03-418 sewer improvements – upgrade of sewage lift stations, award construction contract; authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; authorize the transfer of $37,000 from CIP 05-413 Sewer Improvements/Target Areas 2-4; authorize the Director of Public Works to direct Southern California Edison (SCE) to upgrade services currently being fed to the pump station at 35th Street and The Strand; and, authorize the Director of Public Works to make changes as necessary within the contingency of $32,000. Memorandum from Public Works Director Richard Morgan dated May 10, 2006.

    9. Recommendation to authorize the Director of Public Works to obtain the services of an electrical contractor and perform the utility conversions to properties in the Beach Drive Underground Utility District that are still non-compliant following the 30-Day Final Notice; and, authorize the Director of Public Works to execute a contract with Bear Electric to perform these utility conversions. Memorandum from Public Works Director Richard Morgan dated May 15, 2006.

    10. Recommendation to approve the attendance of Councilmember Reviczky at the California Specialized Training Institute June 19-23, 2006 and authorize reimbursement of expenses in accordance with City policies. Memorandum from City Manager Stephen Burrell dated May 16, 2006.

    11. Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 2, 2006.

    12. Recommendation to receive and file the action minutes of the Planning Commission meeting of May 16, 2006.

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1266 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.16 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS.” For adoption. Memorandum from City Clerk Elaine Doerfling dated May 10, 2006.

    2. ORDINANCE NO. 06-1267 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated May 10, 2006.

  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. LOT MERGER REQUEST FOR HEARING TO DETERMINE WHETHER THE PROPERTY AT 726 PROSPECT AVENUE, COMPRISED OF TWO LOTS, SHALL BE MERGED INTO ONE PARCEL. Memorandum from Community Development Director Sol Blumenfeld dated May 16, 2006

      RECOMMENDATION: Confirm the Planning Commission recommendation to release the subject lots from the merger requirement, allowing development of the two lots; or, continue the matter to the next City Council meeting of June 13, 2006.

    2. TO CONSIDER IF THE PROPERTY AT 1811 MANHATTAN AVENUE CONSTITUTES A PUBLIC NUISANCE. Memorandum from Community Development Director Sol Blumenfeld dated May 11, 2006.

      RECOMMENDATION: Adopt the attached resolution ordering abatement of the subject property no later than August 23, 2006.

    3. TO CONSIDER IF THE PROPERTY AT 138 FIRST STREET CONSTITUTES A PUBLIC NUISANCE. Memorandum from Community Development Director Sol Blumenfeld dated May 11, 2006.

      RECOMMENDATION: Adopt the attached resolution ordering abatement of the subject property no later than August 23, 2006.

    4. AN ORDINANCE EXTENDING A MORATORIUM FOR 10 MONTHS AND 15 DAYS PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. Memorandum from City Manager Stephen Burrell dated May 9, 2006

      RECOMMENDATION: Adopt urgency ordinance.

    5. TEXT AMENDMENT REGARDING PEDESTRIAN PROTECTION, AMENDING SECTION 3317.7 OF THE CITY’S BUILDING CODE. Memorandum from Community Development Director Sol Blumenfeld dated May 17, 2006.

      RECOMMENDATION: That City Council continue this matter to the next City Council meeting in order to provide additional time to complete research and the draft municipal code amendment.

  6. MUNICIPAL MATTERS

    1. SUNSET CONCERTS PROPOSAL – SUMMER 2006. Memorandum from Community Resources Director Lisa Lynn dated May 16, 2006.

      RECOMMENDATION: That City Council approve concert dates and proposal for entertainment venue.

    2. 2006 AVP HERMOSA BEACH OPEN CONCERT PROPOSAL: OZOMATLI. Memorandum from Community Resources Director Lisa Lynn dated May 16, 2006.

      RECOMMENDATION: That the City Council approve AVP request for a Friday evening concert on the Center Court stage, featuring Ozomatli, Friday, June 9, 2006.

    3. PROPOSED LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT; INITIATING PROCEEDINGS, APPROVAL OF ENGINEER’S REPORT, AND SETTING PUBLIC HEARING DATE TO RECEIVE BALLOTS. Memorandum from Public Works Director Richard Morgan dated May 3, 2006.

      RECOMMENDATION: Adopt Resolution initiating proceedings and making certain designations in connection with a proposed Landscape and Street Lighting Supplemental Maintenance District; and, adopt Resolution approving an Engineer’s Report and declaring its intention to order the formation of Landscape and Street Lighting Supplemental Maintenance District and to levy an assessment thereon, and setting the date for the Public Hearing to receive ballots on July 25, 2006.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. REPORT ON ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS. Oral report from City Manager Stephen Burrell.

    2. HERMOSA PAVILION – SET DATE FOR PUBLIC HEARING ON AN APPEAL BY THE PROPERTY OWNER OF THE PLANNING COMMISSION DECISION OF APRIL 18, 2006. Memorandum from City Manager Stephen Burrell dated May 16, 2006.

      RECOMMENDATION: That the City Council review email from the property owner and choose a hearing date of either 6/13/06, 7/11/06 or 7/25/06.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS - PUBLIC WORKS COMMISSION - UNEXPIRED TERM ENDING OCTOBER 31, 2008. Memorandum from City Clerk Elaine Doerfling dated May 16, 2006.

      RECOMMENDATION: That the City Council accept with regret the resignation of Jean Lombardo from the Public Works Commission, effective May 12, 2006, and direct the City Clerk to advertise the Commission vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending October 31, 2008.

    2. VACANCIES – BOARDS AND COMMISSIONS – UPCOMING CIVIL SERVICE BOARD EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 17, 2006.

      RECOMMENDATION: That the City Council direct the City Clerk to immediately advertise and request applications from interested parties for one Civil Service Board term that will expire July 15, 2006, with appointment to be made at the regular Council meeting of July 11, 2006.

    3. REPORT ON ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS. Oral reports from attending Councilmembers.

  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

ADJOURNMENT