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Home My WebLink About07/27/10"Change starts when someone sees the next step."-William Dra:1ton AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, July 27,2010-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 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 wwvv.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 Intemet. 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 RECOGNITION OF DISTINGUISHED GUEST MARY ALICE EDGERTON FORMER HERMOSA BEACH CITY CLERK PRESENTATION OF CERTIFICATE OF RECOGNITION TO HOLDEN ORIAS FOR ACHIEVING 1 '1 PLACE NATIONWIDE IN THE MATH KANGAROO COMPETITION PRESENTATION BY DIRECTOR CAROL KW AN, WEST BASIN MUNICIPAL WATER DISTRICT, THANKING LEADERSHIP HERMOSA FOR ASSISTANCE WITH FREE TOILET GIVE-A WAY 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. 2 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. NO WRITTEN COMMUNICATIONS 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 June 22,2010. 2) Minutes of the Regular meeting held on July 13, 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 June 2010 financial reports: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. (e) Recommendation to accept donations of $100.00 from Daisy Foster to be used for the Senior Activity Center and $170.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Memorandum from Finance Director Viki Copeland dated July 19,2010. 3 (f) Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from City Manager Stephen Burrell dated July 19,2010. Claimant: Date of Loss: Date Filed: Allegation: Claimant: Date of Loss: Date Filed: Allegation: Zimmerman, Linda 03-08-10 03-25-10 Personal Injury Miller, Susan 05-20-10 07-14-10 Personal Injury (g) Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 16,2010. (h) Recommendation to receive and file Project Status Report. Memorandum from Public Works Director Richard Morgan dated July 19,2010. (i) Recommendation to receive and file the action minutes of the Planning Commission meeting of July 20, 2010. (j) Recommendation to adopt a resolution amending the Master Fee Resolution by adopting a flat fee of $414 for photovoltaic solar permits. Memorandum from Community Development Director Ken Robertson dated July 20, 2010. (k) Recommendation to accept the work by Zondiros Corporation, Inc. for CIP Project No. 08-425 Sewer Improvements-Palm Drive, Aviation Boulevard, and Pier Avenue; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Zondiros Corporation (1 0% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated July 20,2010. (I) Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of June 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. 4 5. PUBLIC HEARINGS-TO COMMENCE AT 7:30P.M. a. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Ken Robertson dated July 20, 2010. RECOMMENDATION: Adopt resolution. 6. MUNICIPAL MATTERS a. CONSIDERATION OF A PROPOSAL FROM BEACH CITIES TRANSIT TO PARTICIPATE IN FUNDING OPERATION FOR THE ROUTE 109 LINE FOR TWO YEARS ALONG WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH AT A COST OF $18,939.57 FROM PROPOSITION A FUNDS. Memorandum from City Manager Stephen Burrell dated July 20, 2010. RECOMMENDATION: That the City Council approve participation for the 2010-11 fiscal year along with the other cities and direct the Mayor to sign the agreement on behalf of the City; and, approve expenditure of $18,939.57 for the 2010-11 Fiscal Year from Proposition A funds. b. REVIEW OF OPTIONS FOR AMENDING PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated July 20, 2010. RECOMMENDATION: Direct staff regarding whether to (1) amend the Preferential Parking Program with regarding to permit pricing, restrictions and/or related program aspects, and (2) if so, to hold a public hearing with notification to all current permit holders and the general public by public notice. c. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO PROVIDE A DIFFERENT LEVEL OF BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS WIRED AFTER THE EFFECTIVE DATE OF THE AMENDMENT) PURSUANT TO PUBLIC EMPLOYEE RETIREMENT LAW SECTION 20475 AND INTRODUCTION OF AN ORDINANCE AUTHORIZING AMENDMENT OF THE CALPERS CONTRACT. Memorandum from Finance Director Viki Copeland dated July 20,2010. RECOMMENDATION: Adopt the Resolution of Intention to Approve and Amendment to the Contract between the Board of Administration of the Public 5 Employees' Retirement System and the City Council of the City of Hermosa Beach to provide a different level of benefits for employees hired after the effective date of the amendment; introduce the ordinance authorizing amendment of the Ca!PERS contract and waive full reading of the ordinance; authorize the City Clerk to sign the "Certification of Governing Body's Action"; authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 204 7 5; and, authorize the Mayor to sign the "Certification of Compliance with Government Code Section 7507. d. CIP NO. 11-101 PROTECTIVE BOLLARDS AT PIER PLAZA -AWARD DESIGN CONTRACT. Memorandum from Public Works Director Richard Morgan dated July 21, 2010. RECOMMENDATION: Authorize the Director of Public Works to execute an agreement with Adrian Gaus Architects in the amount of $7,250 to prepare plans, specifications, and estimate for protective bollards at Pier Plaza; authorize the transfer of $7,975 from CIP 08-127 (001-8127-4201) to CIP No. 11-101 Protective Bollards at Pier Plaza to cover the cost of the design contract; and, authorize the Director of Public Works to make changes as necessary within the approved budget. e. DISCUSSION OF "OTHER MATTERS" AGENDA ITEM. Memorandum from City Manager Stephen Burrell dated July 20, 2010. RECOMMENDATION: That the City Council review the information presented and discuss the "Other Matters" agenda category and provide direction to staff on any changes. f. DISBAND PCH/AVIATION IMPROVEMENT COMMITTEE AND APPOINT AD HOC COMMITTEE TO RETURN WITH RECOMMENDATIONS ON MOVING FORWARD WITH PCH/AVIATION ENHANCEMENT PROGRAM. Memorandum from Councihnembers Fishman and Duclos dated July 23, 2010. RECOMMENDATION: Disband PCH/AVIATION Improvement Committee; direct City Manager to prepare letters thanking the members for their participation; approve the Mission Statement prepared by the Committee; authorize Councihnembers Fishman and Duclos to serve as an ad hoc committee to prepare recommendations for structuring a new committee to perform the next phase of work towards enhancement of PCH and Aviation Boulevard; and direct City Manager to place an item on the September 28, 2010 City Council agenda to consider the ad hoc committee's recommendations. 6 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER a. DEDICATION OF EMERGENCY OPERATION CENTER (EOC), WEDNESDAY, AUGUST 11, 2010 AT 2:00 P.M.. Memorandum from City Manager Stephen Burrell dated July 22,2010. RECOMMENDATION: Approve a dedication ceremony for the Emergency Operations Center on Wednesday, August 11,2010 at 2:00p.m .. b. WAIVE BANNER INSTALLATION FEE FOR THE "FIRST THURSDAY" MERCHANT PROGRAM. Memorandum from City Manager Stephen Burrell dated July 22,2010. RECOMMENDATION: That the City Council direct staff to waive the banner installation fee for one time for a street banner advertising the "First Thursday" program. 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. 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 Citv of Los Angeles, which prohibit smoking within 10 feet of outdoor dining areas (Continued from meeting of July 13, 201 0). ADJOURNMENT 7 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 27, 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 13,2010. 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, Local 911 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 of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Case Number: b. N arne of Case: Case Number: ADJOURNMENT Macpherson v. City of Hermosa Beach BC172546 Lewitt v. City of Hermosa Beach CV09-2543CAS 8