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HomeMy WebLinkAbout12/08/09''VVfiat we ca{{resu{ts are 6eginnings."-'Ra(ph 1Va{i;{o f:merson AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, December 8, 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 Jeff Duclos Howard Fishman 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 Disabillties 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 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 Tim Beck of Heal the Harbor dated December 1, 2009 regarding several issues. 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. 2 (a) Recommendation to approve the following minutes: 1) Minutes of the Regular meeting held on October 13, 2009; and, 2) Minutes oftbe Regular meeting held on October 27,2009. (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 (d) Recommendation to approve an agreement between the Citv of Hermosa Beach and the cities of El Segundo, Manhattan Beach, Redondo Beach, and Torrance for the loan of Fire Department equipment and apparatus. Memorandum from Fire Chief David Lantzer dated November 23,2009. (e) Recommendation to assign the Agreement with Conexus to Provide Consulting Services to Update the General Plan Housing Element to J.H. Douglas & Associates, extend the term of said Agreement to December 31, 2010, and direct the City Manager to execute an Amendment to the Agreement for Services. Memorandum from Community Development Director Ken Robertson dated December 1, 2009. (f) Recommendation to sign the MOU between the cities of Hawthorne, Manhattan Beach, and Hermosa Beach to participate in a grant from the Office of Traffic Safety. Memorandum from Police Chief Greg Savelli. (g) Recommendation to accept donations from the Woman's Club of Hermosa Beach of $200.00 to be used for the Tree Lighting Ceremony and $200 to be used for the Sand Snowman Contest. Memorandum from Finance Director Viki Copeland dated November 30, 2009. (h) Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 18,2009. (i) Recommendation to approve the South Bay Cities Council of Government Third Amendment and Restated Joint Powers Agreement and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Memorandum from City Manager Stephen Burrell dated December 1, 2009. (j) Recommendation to authorize the City of Hermosa Beach to accept a grant award for efficiency upgrades to city facilities from the California Energy Commission, under the Energy Efficiency And Conservation Block Grant (EECBG) Program per the American Recovery and Reinvestment Act of 2009. Memorandum from Public Works Director Richard Morgan dated December 1, 2009. 3 (k) Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from City Manager Stephen Burrell dated December 2, 2009. Claimant: Date of Loss: Date Filed: Allegation: Rasmussen, Robert 05-30-09 11-24-09 Loss of property/violation of civil rights (I) Recommendation to receive and file the 2008-09 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors. Memorandum from Finance Director Viki Copeland dated December 1, 2009. (m) Recommendation to authorize the purchase of one (1) Ford Crown Victoria Police Interceptor (CVPD for the Police Department for use as a dedicated K-9 police patrol vehicle and appropriate an additional $10,000 from the Asset Seizure and Forfeiture Fund to the Police Department K-9 Program. Memorandum from Police Chief Greg Savelli dated December 2, 2009. (n) Recommendation to receive and file the "City of Hermosa Beach Municipal Greenhouse Gas Emissions Inventory Report." Memorandum from Community Development Director Ken Robertson dated December 2, 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. TEXT AMENDMENT TO ALLOW WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES SUBJECT TO STANDARDS, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, AND ADOPTION OF NEGATIVE DECLARATION. (Continued from the meetings of September 8, 2009 and October 13, 2009) Memorandum from Community Development Director Ken Robertson dated December 1, 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. 4 6. MUNICIPAL MATTERS a. PROJECT NO. CIP 04-116 PIER A VENUE IMPROVEMENT PROJECT- REJECT BID PROTEST, AWARD CONSTRUCTION CONTRACT, APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES, ENVIRONMENTAL MONITORING SERVICES GRANT ADMINISTRATIVE SERVICES, AND APPROPRIATE FUNDS. Memorandum from Public Works Director Richard Morgan dated December 1, 2009. RECOMMENDATION: 1. Deny the protest received from Sully-Miller (the second lowest bidder) and waive the minor irregularities in the Pima bid identified in Sully-Miller's protest; 2. Award the Construction Contract to Pima Corporation for the total the base bid contract amount of$2,951,361 and approve inclusion of Bid Alternates AI & A2 for an additional contract amount of $155,580 for a total contract amount of$ 3,106,941 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 3. Approve the attached Professional Services Agreement for construction management and inspection services between the City of Hermosa Beach and Harris and Associates for a fee not to exceed $296,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 4. Approve the attached First Amendment to the Professional Services Agreement between the City of Hermosa Beach and Geosyntec Consultants Inc. to provide environmental monitoring for an increase in scope of services and contract amount of $114,600 for Project No. ClP 04-116 Pier Avenue Improvement Project and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 5. Approve the attached first amendment to the Professional Services Agreement with Kathleen McGowan, P.E. to provide Grant Administration Services and Reporting as required by the ARRA Grant Funding Agreement with the State Water Resources Control Board for an increased fee of $45,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney ; 6. Authorize the appropriation of $1,265,000 from 150 State Revolving Funds and the corresponding revenue; 7. Authorize the additional appropriation of $217,143 from 145 Proposition A Funds for a total appropriation of$417,143; 5 8. Authorize the additional appropriation of $873,489 from the 146 Proposition C Funds for a total appropriation of$2,360,740; 9. Authorize the appropriation of $181,250 from the Proposition 42 Fund Reserve in the State Gas Tax Fund; 10. Consider appointing a two-member subcommittee to interact with staff on this project; and 11. Authorize the Director of Public Works to make changes as necessary withiu the project budget 7. MISCELLANEOUS ITEMS AND REPORTS -CITY MANAGER a. SOUTH BAY CITIES ECONOMIC SUMMIT MEETING. Memorandum from City Manager Stephen Burrell dated December 1, 2009. RECOMMENDATION: Provide direction to staff on how to proceed on the concept proposed during the 2009-10 budget approval process. b. RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010. Memorandum from City Manager Stephen Burrell dated December 1, 2009. RECOMMENDATION: Consider adopting resolution. c. SPECIAL MEETING TO CONSIDER THE AWARD OF AGREEMENT TO PREPARE SEWER FINANCIAL PLAN AND RATE STUDY CONTINUED FROM MEETING OF OCTOBER 27, 2009. Memorandum from City Manager Stephen Burrell dated December 3, 2009. RECOMMENDATION: Consider setting a special meeting for Thursday, February 18,2010 at 7:00pm. 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated November 29, 2009. RECOMMENDATION: Appoint delegates and alternates to the various committees, consistent with the policy of maintaining permanent representation whenever possible, and delete any obsolete temporary subcommittees as appropriate. 6 b. CITY COUNCIL SUBCOMMITTEE ASSIGNMENTS -REVIEW OF TEMPORARY BANNER SIGNS ON PRIVATE PROPERTY AND UPDATE OF CITY WEBSITE. Memorandum from City Manager Stephen Burrell dated December 2, 2009. RECOMMENDATION: Consider whether or not to continue the subcommittees (which will require an appointment for each subcommittee). 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 Duclos to have staff prepare a report on crosswalk striping and installation in accordance with the Safe Route to School Program. b. Request from Councilmember Bobko that the City Council consider participating in the 2010 National Spelling Bee. ADJOURNMENT 7 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 8, 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 November 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) Name of Case: Case Number: ADJOURNMENT Macpherson v. City of Hermosa Beach BC172546 8