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HomeMy WebLinkAbout04/28/09"We are not here to make a living; we are here to make a life." -W. E. Russell AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, April 28, 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, California, 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 (31 0) 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 Internet. Minutes of this meeting will reflect your participation in this meeting and are posted on the city's website I CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS I PRESENTATIONS PRESENTATION OF COMMENDATION TO SYLVIA YOLANDA MEDINA 2009 SCHOOL CROSSING GUARD OF THE YEAR 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 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 comment 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. Comments from the public are limited to three minutes per speaker. 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. (a) Letter from Howard Longacre dated April 20, 2009 regarding several procedural issues. 2 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. (a) Recommendation to approve the minutes of the Regular meeting held on March 10,2009. (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the March 2009 financial reports: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. (e) Recommendation to receive and file the action minutes of the Planning Commission meeting of April 21, 2009. (f) Recommendation to authorize the City Manager to execute the "Memorandum of Participation -Energy Efficiency Federal Stimulus Grant Program sponsored by the South Bay Cities Council of Governments. Memorandum from Community Development Director Ken Robertson dated April20, 2009. (g) Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from Citv Clerk Elaine Doerfling dated Apri121, 2009. (h) Recommendation to receive and file the action minutes of the Public Works Commission meeting of Apri115, 2009. (i) Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. G) Recommendation to accept the work by Texsun Construction for the Clark Building Refurbishment -Phase 2; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Texsun Construction (10% retained; 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated April20, 2009. (k) Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 7, 2009. 3 (I) Recommendation to authorize the purchase of one (1) 2009 Ford Escape Hybrid 4WD vehicle to be used primarily in conjunction with the department's Volunteers- In-Policing (VIP) program; and, authorize the purchase of one (1) 2009 Ford Escape Hybrid 4WD vehicle (painted black and white) to replace an existing 2001 Dodge Durango (4WD) utilizing "SCAQMD" funds. Memorandum from Police Chief Greg Savelli dated April 9, 2009. (m) Recommendation to authorize the Citv Manager to renew a Taxicab Franchise Agreement with South Bay Yellow Cab of Gardena, Bell Cab Company of Hawthorne, United Independent Taxi Drivers, Inc. of Los Angeles and All Yellow Taxi of Los Angeles. Memorandum from Police Chief Greg Savelli dated April15, 2009. (n) Recommendation to approve an exchange agreement with the Citv of La Mirada to sell $133,000 of the Citv's unspent Community Development Block Grant (CDBG) funds for $73,150 in unrestricted funds. Memorandum from Community Development Director Ken Robertson dated April 21, 2009. (o) Recommendation to approve the class specification for Administrative Services Coordinator. Memorandum from City Manager Stephen Burrell dated April21, 2009. (p) Recommendation to accept and appropriate money from the federal government through the Justice Assistance Grant (JAG) Program. Memorandum from Police Chief Greg Savelli. (q) Recommendation to adopt resolution approving the Engineer's Report for Hermosa Beach Landscaping and Street Lighting District 2009-2010 ("District") made pursuant to the requirements of Resolution No. 09-6639; and, adopt resolution declaring the Citv Council's intention to order certain improvements and to leyy and collect assessments within the District for the fiscal year beginning July 1, 2009 through June 30, 2010; and setting June 9, 2009, to accept public input on the matter of the proposed assessment. Memorandum from Public Works Director Richard Morgan dated April 21, 2009. (r) Recommendation to accept work by D & L Paving, Inc. for CIP Project No. 05-119 Street Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to D & L Paving, Inc. (1 0% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated April21, 2009. (s) Recommendation to authorize the transfer of $12,758 from the 301 Capital Improvements Program (301-8650-4201) to the Community Center Electrical Upgrades Project (301-8654-4201); authorize the appropriation of $50,309 from the 122 Tyco Fund to the Community Center Electrical Upgrades Project (122-8654-4201); and, authorize the Director of Public Works to issue a Change Order in the "not-to-exceed" amount of $109,268 for the Community Center Electrical Upgrades Project for additional electrical improvements. Memorandum from Public Works Director Richard Morgan dated April22, 2009. 4 (t) Recommendation to approve a $118,800 increase in the Professional Services Agreement (PSA) amount with RRM Design Group for additional design services for CIP 04-116 Pier Avenue Improvement Project as provided for iu Council staff reports dated July 22, 2008 and October 28, 2008. Memorandum from Public Works Director Richard Morgan dated April20, 2009. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1299 -"AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE TO PROVIDE A MAXIMUM TWO YEAR LIFE FOR BUILDING PERMITS AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 21, 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. CITY COUNCIL REVIEW AND RECONSIDERATION OF A PLANNING COMMISSION RESOLUTION ADOPTED ON FEBRUARY 17, 2009, AMENDING, RESTATING AND SUPERSEDING A CONDITIONAL USE PERMIT 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 DAILY TO 1:00 A.M. THE FOLLOWING MORNING THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS; EXTENDING LIVE ENTERTAINMENT FROM 11:30 P.M. THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30 A.M. THE FOLLOWING MORNING; MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX-MONTH REVIEW AT 22 PIER A VENUE, DRAGON. Continued from meeting of March 24, 2009 and Apri/14, 2009. Memorandum from Community Development Director Ken Robertson dated April 7, 2009. RECOMMENDATION: Adopt resolution sustaining the Planning Commission's decision. 5 b. TEXT AMENDMENT AND ZONE CHANGE (TEXT 08-8/ ZON 08-2) AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION TO AMEND THE MUNICIPAL CODE AND TO REZONE PROPERTY FROM C-2 (RESTRICTED COMMERCIAL) TO A NEW SPECIFIC PLAN AREA NO. 11 ALONG PIER AVENUE, BETWEEN PALM AND VALLEY DRIVES, TO IMPLEMENT 'UPPER PIER AVENUE COMMITTEE FINAL REPORT' AND PROMOTE A PEDESTRIAN-FRIENDLY VILLAGE CENTER, ADDRESSING PERMITTED AND CONDITIONAL USES; DESIGN, PARKING, SIGNS, LANDSCAPE AND GREEN BUILDING STANDARDS; INCENTIVES TO ENCOURAGE SERVICE/OFFICE USES ON THE SECOND FLOOR, RETAIN ICONIC OR CULTURALLY IMPORTANT BUILDINGS, AND REDUCE LOT CONSOLIDATION; RESTRICTIONS ON OUTDOOR SEATING AND/OR DISPLAYS ON THE SIDEWALK; AND OTHER MINOR RELATED CHANGES AFFECTING CHAPTER 17 (ZONING) AND OTHER CHAPTERS FOR CONSISTENCY. (DOES NOT INCLUDE CHANGES TO STREETSCAPE, SIDEWALKS, CENTER MEDIAN AND RELATED ELEMENTS IN PUBLIC RIGHT-OF-WAY.) Continued from meeting of April 14, 2009. Memorandum from Community Development Director Ken Robertson dated April20, 2009. RECOMMENDATION: Waive full reading and introduce ordinance approving a Text Amendment (TEXT 08-8) and Zone Change (ZON 08-2) creating a specific plan area and adopting standards and guidelines implementing the Upper Pier Avenue Final Report, and adopt Enviromnental Negative Declaration. 6. MUNICIPAL MATTERS a. REPORT ON NORTH END. Memorandum from Community Development Director Ken Robertson dated April20, 2009. RECOMMENDATION: Receive and file. b. PROPOSAL TO CONSIDER SUBMITTING A MEASURE TO THE VOTERS ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO INCREASE THE BUSINESS LICENSE TAX AND SIMPLIFY THE TAX STRUCTURE. Memorandum from Finance Director Viki Copeland dated April 21, 2009. RECOMMENDATION: That the City Council place a measure on the November municipal election ballot to allow voters to decide if they want to increase the business license tax rates and simplify the tax structure. With the decision, the City Council will not be taking an action to increase the tax, but rather deciding whether to place the matter before the voters to let them decide. A 4/5 vote of the City Council is required to place a general tax increase on the ballot. 6 c. OPTIONS FOR REGULATING SHORT-TERM VACATION RENTALS. Memorandum from Community Development Director Ken Robertson dated April 22, 2009. RECOMMENDATION: Consider the following alternatives and direct staff accordingly: 1) No change to ex1stmg regulations (transient vacation rentals are not allowed in residential zones); or, 2) Allow transient vacation rentals in residential zones, either as a (a) permitted use, or (b) subject to a conditional use permit. In either case, the use will be subject to transient occupancy tax (TOT). In addition to option 2(a) or 2(b) above, one or more of the following options may be selected: 3) Adopt zoning performance standards pertaining to number of occupants, parking and similar issues; and/or, 4) Subject transient vacation rentals to a revenue-producing business license tax (requires voter approval to amend the existing business license tax); and/or, 5) Subject transient vacation rentals to a regulatory business license, including standards ensuring management of the property and guests. 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. VACANCIES-BOARDS AND COMMISSIONS MAKE APPOINTMENTS TO GREEN TASK FORCE. Memorandum from City Clerk Elaine Doerfling dated April 21, 2009. RECOMMENDATION: Appoint from nine applicants to fill five seats on the newly formed Green Task Force. 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. a. Request from Councilmember Tucker to revise the parking regulations in Citv Hall parking to continue enforcement to 9:00 p.m., Monday through Thursday to ensure access to public meetings. If approved, staff will return with implementing resolutions. ADJOURNMENT AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 28, 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: a. Approval of minutes of Closed Session meeting held on March 10, 2009; and, b. Approval of minutes of Closed Session meeting held on March 24, 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: Ramirez v. City of Hermosa Beach; et. a!. YC052333 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 Unrepresented employees 8