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Home My WebLink About11/24/09AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, November 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 Michael DiVirgilio MAYOR PROTEM Peter Tucker COUNCIL MEMBERS Patrick 'Kit' Bobko 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. 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 Intemet. 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 CANVASS OF VOTES AND INSTALLATION OF OFFICERS RECESS RECONVENE CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS PRESENTATION TO THE HERMOSA VIEW AND HERMOSA VALLEY "GREEN DOLPHIN" STUDENTS OF THE MONTH. 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. Conunents 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 conununications for a future agenda. 2 Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NONE 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 minutes of the regular meeting of the Citv Council held on September 22, 2009. (b) Recommendation to ratify check register. (c) Recommendation to receive and file 1) Tentative Futnre Agenda Items; and, 2) City Council Directives (d) Recommendation to receive and file the October 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 Parks, Recreation and Community Resources Advisory Commission meeting of October 6, 2009. (f) Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated November 16, 2009. (g) Recommendation to receive and file the action minutes of the Planning Commission meeting of November 17,2009. (h) Recommendation to adopt resolution confirming that "fortune telling" is similar to other uses permitted in Specific Plan Area No. 11 (Upper Pier Avenue) and Downtown Commercial (C-2) zones and shall be permitted without a conditional use permit. Memorandum from Community Development Director Ken Robertson dated November 16,2009. (i) Recommendation to adopt resolution to declare support for and announce the Citv's participation in "A Day Without A Bag" on December 17, 2009 and the "Brag About Your Bag" Campaign. Memorandum from Community Development Director Ken Robertson dated November 16, 2009. 3 G) Recommendation to receive and file the action minutes of the Green Task Force meeting of November 9, 2009. 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 7:30P.M. a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO AMEND THE CONDITIONAL USE PERMIT AND PARKING PLAN TO ALLOW MINOR ALTERATIONS AND TO UPDATE AND CLARIFY THE CONDITIONS OF APPROVAL RELATING TO OCCUPANCY OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL AND LIVE ENTERTAINMENT AT 1200 HERMOSA AVENUE, FORMERLY "CLUB SUSHI". Memorandum from Community Development Director Ken Robertson dated November 18,2009. RECOMMENDATION: Adopt resolution sustaining the Planning Commission's decision. 6. MUNICIPAL MATTERS NONE 7. MISCELLANEOUS ITEMS AND REPORTS -CITY MANAGER a. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated November 10,2009. RECOMMENDATION: That the City Council acknowledge the holiday parking program for all silver meters from Wednesday, November 25,2009 through Friday, December 25, 2009. b. CITY COUNCIL MEETING SCHEDULE FOR 2010. Memorandum from City Manager Stephen Burrell dated November 10, 2009. RECOMMENDATION: To set a schedule for the City Council meetings in 2010. 4 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. VACANCIES -BOARDS AND COMMISSIONS -UNEXPIRED TERM - EMERGENCY PREPAREDNESS ADVISORY COMMISSION SCHEDULE INTERVIEWS. Memorandum from City Clerk Elaine Doerfling dated November 17, 2009. RECOMMENDATION: That the City Council schedule a meeting at a time certain prior to the regular meeting of Tuesday, January 26, 2010 for the purpose of interviewing Emergency Preparedness Advisory Commission applicants for the unexpired term ending May 31, 2011, with appointments to follow at the regular City Council meeting. 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, November 24, 2009 -Council Chambers, City Hall 1315 Valley Drive 6:00p.m. The City Council fmds, 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 November 10, 2009; and, b. Approval of minutes of Closed Session meeting held on November 17, 2009; and, 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position ofthe City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Fultz v. City of Hermosa Beach 1005A00012 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 a. Title: City Manager b. Title: City Attorney ADJOURNMENT 6