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Home My WebLink About07/13/10"Opportunity's favorit~Z disguis~Z is troublc."-frank Tyg~Zr AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, July 13,2010-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 John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins All council meetings are open to the public. PLEASE ATIEND. 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 1 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS PRESENTATION OF CERTIFICATES OF RECOGNITION TO HERMOSA HISTORY WALK COMMITTEE PRESENTATION BY BRYAN WINTERS REGARDING PEDESTRIAN BRIDGE ON PIER A VENUE 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. 2 Citizens with connnents regarding City management or departmental operations are requested to submit those connnents to the City Manager. (a) Letter from Howard Longacre dated July 2, 2010 regarding placement of items on the agenda under "Other Matters". 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 connnent permitted at that time. (a) Recommendation to approve the following minutes: 1) Minutes of the Adjourned Regular meeting held on May 27, 2010; 2) Minutes of the Regular meeting held on June 8, 201 0; and, 3) Minutes ofthe Adjourned Regular meeting held on June 11,2010. (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 approve an exchange agreement with the City of La Mirada to sell $82,000 of the City's unspent Community Development Block Grant (CDBG) funds for $45,100 in unrestricted funds and appropriate such funds to CIP 07-649, Community Center General Improvements. Memorandum from Community Development Director Ken Robertson dated June 30, 2010. (e) Recommendation to accept donations of $100.00 from Fran's Hallmark to be used for the Senior Activity Center; $159.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center; $100.00 from the Hermosa Cyclery, Inc./Steve Collins to be used for the Senior Activity Center; and 5 -$20 gift certificates ($100 value) from Cafe Boogaloo to be used as prizes for Senior Center games and activities. Memorandum from Finance Director Viki Copeland dated July 6, 2010. (f) Recommendation to accept the work by Clarke Contracting for CIP Project No. 07-420 Hermosa Strand Infiltration Project; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Clarke Contracting (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated July 7, 2010. 3 (g) Recommendation to approve the addition of $4,654.84 to the cost of the equipment to replace the digital video systems in Police vehicles. Memorandum from Police Chief Greg Savelli. (h) Recommendation to adopt resolution confirming that a microbrewery (limited to manufacturing and wholesaling) is similar to other uses permitted in the Light Manufacturing {M-1) zone. Memorandum from Community Development Director Ken Robertson dated July 6, 2010. (i) Recommendation to authorize the contract award for fire apparatus preventative maintenance not to exceed $30,000 to American LaFrance of Los Angeles. Memorandum from Fire Chief David Lantzer dated July 7, 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. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2010-2011 FOR THE FISCAL YEAR BEGINNING JULY 1, 2010, AND ENDING JUNE 30,2011. Memorandum from Public Works Director Richard Morgan dated June 28, 2010. RECOMMENDATION: 1) Conduct a Public Hearing in connection with the levy of assessments for FY 10-11; and, 2) adopt resolution confirming the diagram and assessment for Hermosa Beach Landscaping and Street Lighting District 2010-2011 ("District") and levying an assessment for the fiscal year commencing July 1, 2010 and ending June 30, 2011. 4 6. MUNICIPAL MATTERS a. POLICY REGARDING CITY RESPONSES TO CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE ACTIONS GOVERNING ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS AND CONSIDERATION OF ESTABLISHING A CITYWIDE MORATORIUM ON ENTITLEMENTS FOR ON-SALE ESTABLISHMENTS. Continued from meeting of June 8, 2010. Memorandum from Community Development Director Ken Robertson dated June 1, 2010 RECOMMENDATION: Adopt resolution establishing a "Policy Regarding City Response to California Department of Alcoholic Beverage Control License Actions Governing On-Sale Alcoholic Beverage Establishments and direct staff whether or not to return with an urgency ordinance staying applications for all new on-sale establishments, excluding those allowed by right subject to Municipal Code Section 17.26.060 (Restaurants with On-Sale Alcoholic Beverages Limited to Beer and Wine, Closing at 10:00 p.m. or Earlier-Standards and Limitations in C-1, C-2 and C-3 zones). b. OPTIONS FOR AMENDING MUNICIPAL CODE REGARDING (1) RESTAURANTS WITH ON-SALE BEER AND WINE CLOSING BY 10:00 P.M.; (2) EXTINGUISHING CONDITIONAL USE PERMITS FOR ON-SALE ESTABLISHMENTS THAT HAVE CEASED TO EXIST OR HAVE BEEN SUSPENDED, AND (3) ADDING REQUIREMENT FOR ENTERTAINMENT PERMIT FOR ALL LIVE ENTERTAINMENT. Memorandum from Community Development Director Ken Robertson dated July 6, 2010. RECOMMENDATION: Direct staff whether to initiate code amendments to address one or more of the following: l. Modify regulations for restaurants with on-sale alcoholic beverages limited to beer and wine, closing at 10:00 p.m. or earlier, allowed by right per Section 17 .26.060. 2. Reduction of the time period required before conditional use permits for use that have ceased to exist or have been suspended can be extinguished (Section 17.70.010). 3. Addition of a requirement for an entertainment permit. 5 7. MISCELLANEOUS ITEMS AND REPORTS -CITY MANAGER a. PROPOSITION 23 WHICH IS FORMALLY KNOWN AS THE CALIFORNIA JOBS INITIATIVE TO SUSPEND AB32 WHICH, IF PASSED, SUSPENDS AB32'S AIR POLLUTION AND HEALTH REGULATIONS UNTIL THE CALIFORNIA ECONOMY REACHES AN UNEMPLOYMENT RATE OF 5.5% OR LESS FOR ONE YEAR. Memorandum from City Manager Stephen Burrell dated July 1, 2010. RECOMMENDATION: That the City Council determine whether or not it wishes to take a formal position on Proposition 23 which will be on the November 2010 ballot. 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. VACANCIES-BOARDS AND COMMISSIONS EXPIRATION OF TERM -CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated July 6, 2010. RECOMMENDATION: Reappoint Mary Lou Weiss, current Civil Service Board member, to fill the expiring term and serve another four-year term ending July 15, 2014. b. BUSINESS LICENSE TAX REVIEW COMMITTEE. Memorandum from City Manager Stephen Burrell dated July 1, 2010. RECOMMENDATION: Approve the application and selection process for members to serve on the Business License Tax Review Committee. 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 consider amending the municipal code to enact a smoking ban on all outdoor dining encroachments to be consistent with recent enacted bans, such as in the City of Los Angeles, which prohibit smoking within 10 feet of outdoor dining areas. ADJOURNMENT 6 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 13, 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 June 22, 2010. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Employee Organizations: Stephen Burrell Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. 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: ADJOURNMENT Macpherson v. City of Hermosa Beach BC172546 7