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Home My WebLink About09/28/10"Nevev c!wbt tV1~t ~ sVt-L~ll gvwl' of tV1wgV1tfC<.l, eoVt-LVt-Llttec! eltlzevcs e~vc eV1~vcge t~e worlcl. !vccieeci, lt ls tV1e ovclij tV1lvcg t~~t ever V1~s."-M~vg~vet Me~ci AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, September 28,2010-Council Chambers, City Hall 1315 Valley Drive 6:00p.m.-CLOSED SESSION: See attached Closed Session Agenda 7:00p.m.-REGULAR MEETING MAYOR Peter Tucker MAYOR PROTEM Howard Fishman COUNCIL MEMBERS Patrick 'Kit' Bobko Michael DiVirgilio Jeff Duclos 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 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.herrnosabch.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 HERMOSA BEACH SISTER CITY ASSOCIATION INTERNATIONAL HUMANITARIAN AWARD PRESENTED TO PAUL HAWKINS MIKE GAROFANO KIM BRIDGES 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. NO WRITTEN COMMUNICATIONS 2 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 City Council held on September 12,2010. (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 August 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 September 21,2010. (t) Recommendation to approve the bid submitted by Adamson Police Products to purchase body armor for the Police Department. Memorandum from Police Chief Greg Savelli. (g) Recommendation to reappropriate funds from 2000-10 to the 2010-11 budget; approve revenue revisions related to 2009-10 reappropriations; and, appropriate additional funds needed for 2009-10. Memorandum from Finance Director Viki Copeland dated September 21, 2010. (h) Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 19,2010. (i) Recommendation to purchase two (2) new G0-4 Three Wheeled Utility Parking Enforcement Vehicles for the Community Services Division of the Police Department; appropriate $26,047 into the Equipment Replacement Fund; and, appropriate an additional $26,047 from the COP account. Memorandum from Police Chief Greg Savelli dated September 9, 2010. 3 (j) Recommendation to approve the renewal of the Lease of Airspace between the City of Hermosa Beach and Pierside Properties, LLC (the tenant) for property located at 51 Pier Avenue and referred to as Loreto Plaza commencing October 1, 2010 through December 31, 2014 unless extended as provided for in the lease for an additional five (5) year term and authorize Mayor to execute agreement. Memorandum from City Manager Stephen Burrell dated September 22,2010. (k) Recommendation to accept the work by Padilla Paving Company for CIP Project No. 09-135 -81h Street Improvement Project; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Padilla Paving Company (10% retained for 35 days following filing of Notice of Completion. Memorandum from Public Works Director Richard Morgan dated September 22,2010. (I) Recommendation to receive and file the action minutes of the Planning Commission meeting of September 21, 2010. (m) Recommendation to receive and file the action minutes of the Green Task Force meeting of September 13, 2010. 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1310 -"AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD ESTABLIHSHMENTS ON PRIVATE PROPERTY IN THE C-1 ZONE AND ZONES THAT ALLOW C-3 ZONE USES." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 22,2010. 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. NONE 6. MUNICIPAL MATTERS a. AN INTERIM ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, PROHIBITING THE ESTABLISHMENT OF TATTOO BUSINESSES AND DECLARING THE URGENCY THEREOF. Memorandum from Community Development Director Ken Robertson dated September 20,2010. RECOMMENDATION: Adopt the proposed interim urgency ordinance prohibiting tattoo studios in Hermosa Beach. 4 b. 2001 SUMMER CONCERT SERIES. Memorandum from City Manager Stephen Burrell dated September 23, 2010. RECOMMENDATION: That the City Council approve an agreement providing Allen Sanford of Saint Rocke a right of first refusal to produce the Summer Concert Series over next five years provided that the City Council elects to hold the Concert Series. c. COMMUNITY CENTER GYM DONATION BY HERMOSA BEACH YOUTH BASKETBALL AND LEADERSHIP HERMOSA. Memorandum from City Manager Stephen Burrell dated September 22, 2010 RECOMMENDATION: That the City Council accept the donation of a completely new gym floor for the Community Center Gym and direct the City Manager to work with the groups on the implementation of the gift. d. REVIEW OF OPTIONS FOR AMENDING PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated September 20, 2010. RECOMMENDATION: Direct staff as to whether to amend the preferential parking program with regard to permit pricing, restrictions and related program aspects, and if so, to hold a public hearing with notification to all current permits holders and the general public. e. AWARD CONTRACT FOR DESIGN/CONSTRUCTION OF SURF LEGENDS MEMORIAL. Memorandum from Public Works Director Richard Morgan dated September 21,2010. RECOMMENDATION: That the City Council award a contract in the amount of $90,000, funded solely through donations, to artist Phil Roberts for design/construction of the Surf Legends Memorial. 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER a. SOLID WASTE FRANCHISE AGREEMENT -INITIATE PROCESS TO SECURE A NEW MULTI-YEAR SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT. Memorandum from City Manager Stephen Burrell dated September 22, 2010 RECOMMENDATION: That the City Council review the process for securing a Solid Waste and Recycling Franchise Agreement and direct City Manager to return with an agreement from a Solid Waste Consulting company. 5 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated September 22,2010. 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. 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 Bobko to allow businesses on Unner Pier Avenue to put tables and chairs on the sidewalk for dining and direct staff to develop a program and return for City Council discussion. b. Request from Councilmember DiVirgilio to direct staff to return with a proposal to waive the cost of business licenses for all existing businesses facing or immediately adjacent to the upper Pier Ave construction zone. One proposal scenario would consist of waiving business license fees for up to 2 years or $500, whichever comes first. c. Request from Councilmember Duclos to purchase 28 vertical banners for Upper Pier Avenue with financial and design assistance from Art Walk. ADJOURNMENT 6 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, September 28, 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 oftbe public to address tbe City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on September 14, 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 5. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in opeu 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. Name of Case: Case Number: c. Name of Case: Case Number: d. Name of Case: Case Number: ADJOURNMENT Macpherson v. City of Hermosa Beach BC172546 Hermosa Beach Police Officers Association and Hermosa Beach Firefighters Association v. City of Hermosa Beach YC 062967 Johnny Anderson v. City of Hermosa Beach CV06-5078 Corey W. Glave v. City of Hermosa Beach YS019820 7