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Home My WebLink About03/24/09"'Wiiat we see cfepentfs main{y on wliat we CooRJor. "-Jolin £u66ocft AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, March 24, 2009-Council Chambers, City Hall 1315 Valley Drive 6:00p.m.-CLOSED SESSION: See attached Closed Session Agenda 7:00p.m. -REGULAR MEETING MAYOR Patrick 'Kit' Bobko MAYOR PROTEM Michael DiVirgilio COUNCIL MEMBERS Michael Keegan J. R. Reviczky Peter Tucker 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. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 1315 Valley Drive, Hermosa Beach, Califomia, during normal business hours. All written communications from the public included in the agenda will be posted with the agenda on the City's website To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Your participation in this meeting is in the public domain. Meetings are both cablecast and streamed live over the Intemet. Minutes of this meeting will reflect your participation in this meeting and are posted on the city's website 1 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS II II COLON CANCER AWARENESS MONTH MARCH2009 HERMOSA BEACH BIKE DAY MAY 16,2009 II II PUBLIC PARTICIPATION: Although the City Council values your conunents, 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 This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public conunent will not be taken, or to request the removal of an item from the consent calendar. Comments on public hearing items are heard only during the public hearing. 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. Conunents from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written conununications listed below. No action will be taken on matters raised in written conununications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with conunents regarding City management or departmental operations are requested to submit those conunents to the City Manager. NO WRITTEN COMMUNCIATIONS 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 2 Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the Adjourned Regular meeting of the City Council held on February 26, 2009. (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the February 2009 financial reports: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. (e) Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. (f) Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 3, 2009. (g) Recommendation to extend fee waivers and reductions for installation of photovoltaic solar panels for another year. Memorandum from Community Development Director Ken Robertson dated March 17, 2009. (h) Recommendation to accept the work by Grace Building Maintenance for the Jail Plumbing Replacement Project; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Grace Building Maintenance (10% retained; 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated March 17, 2009. (i) Recommendation to authorize the purchase of two Mobile License Plate Readers at a cost of $45,196 from Remington ELSAG Law Enforcement Systems as part of the National Association of State Procurement Officials Multi-State Contract. Memorandum from Police Chief Greg Savelli dated March 17, 2009. (j) 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 200-2010. Memorandum from Public Works Director Richard Morgan dated March 18, 2009. (k) Recommendation to receive and file the action minutes of the Planning Commission meeting of March 17, 2009. 3 (I) Recommendation to award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services of Pier Avenue from PCH to Ardmore Avenue and 81h Street from PCH to Valley Drive in the amount of $37.725 and $18.265, respectively; authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney; authorize the transfer of $61,600 from CIP 08-127 to CIP 09-129 Pier Avenue and CIP 09-135 81h Street; and, authorize the Director of Public Works to make changes for both projects as necessary within each project's budget. Memorandum from Public Works Director Richard Morgan dated March 18, 2009. (m) Recommendation to adopt a resolution amending the City of Hermosa Beach Parking Violation Bail Schedule to include an additional state surcharge of $1.50 per notification from the Superior Court of Los Angeles, CA and an additional $.50 to the city penalty amount due to the fact that the DMV will not accept fine amounts with cents. Memorandum from Finance Director Viki Copeland dated March 17, 2009. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1298-AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, ZONING ORDINANCE, TO PERMIT RESTAURANTS BY RIGHT THAT SELL BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH STANDARDS FOR SAID RESTAURANTS, AND AMENDING THE BUSINESS LICENSE REGULATIONS FOR CONSISTENCY. For adoption. Memorandum from City Clerk Elaine Doerfling dated March 17,2009. 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 7:30P.M. a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION PC 09-3, ADOPTED ON FEBRUARY 17, 2009, TO AMEND, RESTATE AND SUPERSEDE A CUP FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE. KNOWN AS "DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING THURSDAY. FRIDAY, SATURDAY AND VARIOUS HOLIDAYS TO 1:00AM THE FOLLOWING MORNING; EXTENDING LIVE ENTERTAINMENT FROM 11:30PM THURSDAY, FRIDAY. SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30AM THE FOLLOWING MORNING, MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX MONTH REVIEW. Memorandum from Community Development Director Ken Robertson dated March 16,2009. RECOMMENDATION: Adopt resolution sustaining the Planning Commission's decision. 4 6. MUNICIPAL MATTERS a. REVIEW OF HOMELESS ISSUES IN HERMOSA BEACH. Memorandum from Police Chief Greg Save IIi. RECOMMENDATION: Receive and file. b. REVIEW OF CITY'S STREET SWEEPING PROGRAM. Memorandum from Public Works Director Richard Morgan dated March 17, 2009. RECOMMENDATION: Receive and file report and provide staff with further direction as needed. 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER a. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING AGENDA TOPICS. Memorandum from City Manager Stephen Burrell dated March 18, 2009. RECOMMENDATION: Confirm agenda topics and add any other topics the Council may wish to discuss. 8. MISCELLANEOUS ITEMS AND REPORTS-CITY COUNCIL a. VACANCIES BOARD AND COMMISSION UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated March 14, 2009. RECOMMENDATION: Direct the City Clerk to immediately advertise and request applications from interested parties for two Emergency Preparedness Advisory Commission terms that will expire May 31,2009, with filing deadline to be May 5, 2009. 9. OTHER MATTERS-CITY COUNCIL Requests from Council members for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. NONE ADJOURNMENT 5 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, March 24, 2009 -Council Chambers, City Hall 1315 Valley Drive 6:00p.m. The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in existing and anticipated litigation. CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. . MINUTES: Approval of minutes of Closed Session meeting held on March I 0, 2009 3. 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) a. Name of Case: Case Number: b. Name of Case: Case Number: c. N arne of Case: Case Number: d. Name of Case: Case Number: e. Name of Case: Case Number: Parucha v. City of Hermosa Beach BS115511 Ramirez v. City of Hermosa Beach; et. a!. YC052333 Anderson v. City of Hermosa Beach CV06-5078 Coello v. City of Hermosa Beach CV0706900 PSG Macpherson v. City of Hermosa Beach BC172546 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Employee Organizations: ADJOURNMENT Stephen Burrell 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 Hermosa Beach Professional Engineers Bargaining Group Umepresented employees 6