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Home My WebLink About10/13/09"'FriendS are those rare peopfe who ask how we are ancf then waif fa hear the answer. " -'Ecf CumminJham AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, October 13, 2009 -Council Chambers, City Hall 1315 Valley Drive 6:30p.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 (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 Internet. 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 PRESENTATIONS CERTIFICATE OF RECOGNITION PRESENTED TO KEITH RIDNOUR FOR 35 YEARS OF SERVICE TO THE CITY OF HERMOSA BEACH CERTIFICATE OF RECOGNITION PRESENTED TO HERMOSA BEACH FRIENDS OF THE LIBRARY 50TH ANNIVERSARY CERTIFICATE OF RECOGNITION PRESENTED TO PAT LOVE LT. GOVERNOR KIWANIS INTERNATIONAL CALIFORNIA-NEVADA-HAW All DISTRICT DIVISION19 CERTIFICATE OF RECOGNITION PRESENTED TO WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA 50TH 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. 2 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 ofthe 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 Tim Beck of Healing the Harbors regarding global warming. (b) Letter from Howard Longacre dated October 5, 2009 regarding Ordinance No. 09-1301 (item# 3a on tonight's agenda). 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 following minutes: 1) Minutes of the Regular meeting held on August 11, 2009; and, 2) Minutes of the Adjourned Regular meeting held on August 18, 2009. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the Citv Treasurer. (c) Recommendation to receive and file 1) Tentative Future Agenda Items; and, 2) City Council Directives 3 (d) Recommendation to approve donations of $1000 to the Redondo Union High School and Mira Costa High School Grad Night 2010 events. Memorandum from City Manager Stephen Burrell dated October 1, 2009. (e) Recommendation to waive $480 banner permit fee from the Hermosa Beach Woman's Club for the annual pancake breakfast on October 18, 2009. Memorandum from City Manager Stephen Burrell dated September 14, 2009. (t) Recommendation to approve Service Agreement Extension with the Los Angeles County Department of Animal Control for certain animal control services and authorize the Citv Manager to execute the agreement. Memorandum from City Manager Stephen Burrell dated October 1, 2009. (g) Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of August 3, 2009. (h) Recommendation to receive and file the action minutes of the Green Task Force meeting of July 13, 2009. (i) Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 16, 2009. G) Recommendation to adopt a resolution of support for International Day of Climate Action on October 24, 2009 as part of Global 350 effort. Memorandum from City Manager Stephen Burrell dated October 8, 2009. (k) Recommendation to approve amendment to Marineland Mobilehome Park Pre- Development Agreement that will add the HUD application fee as one of the payments permitted under the agreement and increase the total pre-development loan amount to $70,000 from the $60,000 approved in the original agreement. Memorandum from City Manager Stephen Burrell dated October 1, 2009. (I) Recommendation to approve the appropriation of $2,114 for CIP 03-418 Pump Station Improvements from 160 Sewer Fund and approve the appropriation of $14,540 for CIP 07-422 Sewer Master Plan from 160 Sewer Fund. Memorandum from Public Works Director Richard Morgan dated October 8, 2009. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1301 -"AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 12.08 PROVIDING FOR AN OPTIONAL IN-LIEU FEE FOR STREET PAVEMENT IMPROVEMENTS REQUIRED FOR NEW DEVELOPMENT." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 5, 2009. 4 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. SOUTH PARK MASTER PLAN PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated October 6, 2009. RECOMMENDATION: 1) Implement Conceptual Refurbishment Plans submitted by the South Park Master Plan Committee to include field renovation; landscape revision; South School building upgrades; lighting upgrade; gathering areas reconfigured; and passive park classification upheld; 2) Replace existing play equipment with a universally accessible play area for children ages 0-5 years; 3) Replace existing hockey rink with a universally accessible play area for children ages 6-12 years. b. TEXT AMENDMENT TO ALLOW SMALL WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, SUBJECT TO STANDARDS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Continued from meeting of September 8, 2009. Memorandum from Community Development Director Ken Robertson dated October 7, 2009. RECOMMENDATION: Waive full reading and introduce ordinance amending the zoning regulations to allow small wind energy systems as a conditional use in all zones subject to standards, including revised noise and height standards, and to allow said systems to exceed the height limit, and adopt an environmental Negative Declaration. 6. MUNICIPAL MATTERS a. HERMOSA BEACH POST OFFICE. Memorandum from City Manager Stephen Burrell dated October 1, 2009. RECOMMENDATION: Review information regarding the inclusion of the Hermosa Beach Post Office on a list of possible post office closures and direct staff to track the issue and report back at a future City Council meeting when more information is available. b. REVIEW OF PREFERENTIAL PARKING PROGRAM. Memorandum from City Manager Stephen Burrell dated October 8, 2009. RECOMMENDATION: That the City Council provide direction to staff on how to proceed with review of the Preferential Parking Program. 5 c. CONSTRUCTION HOURS AS REGULATED IN THE NOISE ORDINANCE. Memorandum from Community Development Director Ken Robertson dated October 6, 2009. RECOMMENDATION: Direct staff to prepare an ordinance to modify the language in Section 8.24.050 regarding permissible hours of construction, to apply to all construction activity whether subject to a permit or not. d. RESOLUTION SUPPORTING THE EXCLUSION OF THE ROCKY POINT AREA FROM THE SOUTH COAST MARINE PROTECTED AREA. Memorandum from City Manager Stephen Burrell dated October 7, 2009. RECOMMENDATION: Consider adopting resolution supporting the exclusion of the Rocky Point Area from the South Coast Marine Protected Area. e. PIER AVENUE IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated October 7, 2009. RECOMMENDATION: Authorize staff to advertise for bids to construct CIP Project No. 04-116 Pier Avenue Improvement Project. 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER a. SOUTH BAY CITIES ECONOMIC SUMMIT MEETING. Memorandum from City Manager Stephen Burrell dated October 8, 2009. RECOMMENDATION: That the City Council provide direction to staff on how to proceed on the concept proposed during the 2009-10 budget approval process. 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. VACANCIES-BOARDS AND COMMISSIONS BOARD OF APPEALS. Memorandum from City Clerk Elaine Doerfling dated October 5, 2009. RECOMMENDATION: Direct City Clerk to advertise the Board of Appeals vacancy and invite applications from interested persons following normal publishing and posting procedures, with additional notices to be posted at the counters of the Community Development and Public Works departments. 6 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 7 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, October 13, 2009 -Council Chambers, City Hall 1315 Valley Drive 6:30p.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 September 22, 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) Name of Case: Case Number: ADJOURNMENT Lewitt v. City of Hermosa Beach CV09-2543CAS 8