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Home My WebLink About03/23/10"'Fresh air em/sunshine ani tfenfJ o{!Jrace sfam the loor in the doctor's face. " -1f.merican 'Prover6 AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, March 23,2010-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 JohnM. 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 II PRESENTATION BY PAWS TO READ PRESENTATION BY DAN THOMPSON REGARDING GREEN BUIILDING II 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. 2 (a) Letter from Howard Longacre dated March 15, 2010 regarding problems with the way a proposed September 17-19 Commercial Event Application was handled to date and suggestion that the matter be properly reheard by the Parks and Recreation Commission in their April 6 meeting such that there may be proper Brown Act agenda noticing, and an advertised public hearing with locations- posting, as per historic citv policy for such events applications, and prior to commencement of the announced April 27 public hearing on the matter by the Council; and, Business Model being used by the City, is it to be more of the same, bars, restaurants and downtown visitor intensification? (b) Letter from Kirk San nella, owner of Skinny Minnie's Hermosa Beach, requesting to apply for a Conditional Use Permit and Parking Plan to allow outdoor seating in connection with a snack shop without paying the required fee. Memorandum from Community Development Director Ken Robertson dated March 16, 2010. 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 ofthe Adjourned Regular meeting held on January 30, 2010; 2) Minutes of the Regular meeting held on February 9, 2010; 3) Minutes of the Adjourned Regular meeting held on February 17, 2010; and, 4) Minutes ofthe Regular meeting held on February 23, 2010. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) Recommendation to receive and file the February 2010 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 March 15,2010. (t) Recommendation to Surveys/Complaints. March 17, 2010. receive and file report of Customer Service Memorandum from City Clerk Elaine Doerfling dated 3 (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 16,2010. (h) Recommendation to receive and file the action minutes of the Parks, Recreation and Communitv Resources Advisory Commission meeting of March 2, 2010. (i) Recommendation to accept the work by Action 1 Construction for CIP Project No. 07-649 Communitv Center General Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Action 1 Construction. (10% retained; 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated March 15, 2010. G) Recommendation to receive and file the action minutes of the Planning Commission meeting of March 16,2010. (k) Recommendation to receive and file the action minutes of the Green Task Force meeting of March 8, 2010. 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 PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW OUTDOOR STORAGE OF SUPPLIES AND VEHICLES IN CONNECTION WITH A NEW LANDSCAPING BUSINESS ON A 7,900 SQUARE FOOT LOT CONTAINING AN EXISTING 1,140 SQUARE FOOT BUILDING, AND CONFIRMATION OF PARKING REQUIREMENTS AT 1081 AVIATION BOULEY ARD (NATIONAL GREENS, INC.) Memorandum from Community Development Director Ken Robertson. RECOMMENDATION: To adopt a resolution sustammg the Planning Commission approval of Conditional Use Permit 10-2 and Precise Development Plan 10-3, subject to conditions, including limiting hours of operation and requiring paving the parking lot and improvements to the public right-of-way before operating the business. 4 6. MUNICIPAL MATTERS a. CONSIDERATION OF A PROPOSED ORDINANCE PROHIBITING THE SALE OF DOGS AND CATS IN COMPANION ANIMAL STORES. Memorandum from City Manager Stephen Burrell dated March 17, 2010. RECOMMENDATION: That the City Council consider adopting the proposed ordinance that would prohibit the sale of dogs and cats by a retailer in Hermosa Beach. b. FEASIBILITY STUDY OF THE COMMUNITY SAFE DRUG DROP-OFF PROGRAM TO BE ADMINISTERED BY THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli dated March 17, 2010. RECOMMENDATION: That the City Council decline implementation of the community safe drug drop-off program. 7. MISCELLANEOUS ITEMS AND REPORTS -CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS-CITY COUNCIL NONE 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 23,2010-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 9, 2010. 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: 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 Unrepresented employees 6