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Home My WebLink About10/12/10AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, October 12,2010-Council Chambers, City Hall 1315 Valley Drive 6:00p.m.-CLOSED SESSION: See attached Closed Session Agenda 7:00 p.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 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, 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 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. WRITTEN COMMUNICATIONS (a) Letter from Harley Green, Founder, South Bay Open Carry requesting immediate action to repeal or modify Municipal Code 12.28.030-2, specifically the ban on carrying firearms in city parks and parkland. (b) Letter from Michelle Keegan requesting consideration of implementing GPS tracking for the Beach Cities Transit buses. 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 ou September 28,2010. (b) Recommendation to ratify check register. (c) Recommendation to receive and file 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) Recommendation to accept donations of $75.00 from Geoff Hirsch in memory of Kathy Keane and Marion and Les Bacon; and $390.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Memorandum from Finance Director Viki Copeland dated October 4, 2010. (e) Recommendation to award Sweeping/Cleaning Services contract to Athens Services for the period beginning November 1, 2010 and ending June 30, 2013 for a three- year contract total of $681,807.44; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make changes as necessary within the budgeted amount. Memorandum from Public Works Department dated October 6, 2010. (f) Recommendation to adopt a resolution of intent to participate in the Great California Shakeout on October 21, 2010 and work toward becoming a safer community. Memorandum from Police Chief Greg Savelli. (g) Recommendation to authorize the appropriation of COPS funds for the purchase of police equipment to be used by the Police Department to equip reserve police officers iu the amount of$41,629.88. Memorandum from Police Chief Greg Savelli. (h) Recommendation to incorporate a new housing program, to allow housing in C-3, SPA-7 and SPA-8 zones by right (subject to a precise development plan) without a commercial land use component, provided that such housing is 100% affordable, into the draft Housing Element for resubmittal to the State Department of Housing and Community Development ill CD). Memorandum from Community Development Director Ken Robertson dated October 6, 2010. (i) Recommendation to approve an appropriation of $5,574.00 in account number 146-8116-4201 to cover costs incurred in the development and production of public information materials for the Upper Pier Avenue Project (posters, flyers, banners, etc.). Memorandum from City Manager Stephen Burrell dated October 7, 2010. 3 G) Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 16, 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 THE PLANNING COMMISSION'S ADOPTION OF A RESOLUTION ON AUGUST 17, 2010 APPROVING CONDITIONAL USE PERMIT AMENDMENT WITH MODIFICATIONS AT 844 HERMOSA A VENUE (HOT'S KITCHEN). Memorandum from Community Development Director Ken Robertson dated October 4, 2010. RECOMMENDATION: Open the public hearing and continue the matter to meeting of October 26, 2010 for full Council consideration. (b) ZONING TEXT AMENDMENT TO MODIFY OR ADD PROVISIONS GOVERNING REVOCATION, EXPIRATION AND EXTINGUISHMENT OF CONDITIONAL USE PERMITS, VARIANCES AND OTHER LAND USE ENTITLEMENTS IN CHAPTER 17.70, AND ANY RELATED SECTIONS FOR CONSISTENCY. Memorandum from Community Development Director Ken Robertson dated October 7, 2010. RECOMMENDATION: Waive full reading and introduce the proposed ordinance to amend the zoning code to modify or add provisions governing revocation, expiration and extinguishment of conditional use permits, variances and other land use entitlements in Chapter 17.70 and amend Master Fee Resolution 90-5422 by adding a fee of $237 for administratively extinguishing conditional use permits. (c) MUNICIPAL CODE AMENDMENT TO ALLOW TATTOO BUSINESSES AND BODY PIERCING STUDIOS IN THE C-3 ZONES, AND ZONES PERMITTING C-3 USES, OR OTHER ZONES AS DEEMED APPROPRIATE. Memorandum from Community Development Director Ken Robertson dated October 4, 2010. RECOMMENDATION: Waive full reading and introduce on first reading a regular ordinance and adopt an urgency ordinance to amend the zoning code to allow tattoo/body piercing studios in the C-3 zone (and zones that allow C-3 uses), or the C-2/C-3 zone (and zones that allow C-3 uses). 4 6. MUNICIPAL MATTERS NONE 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL (a) VACANCIES -BOARDS AND COMMISSIONS -SCHEDULE APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 6, 2010 RECOMMENDATION: That the City Council schedule a meeting for a time certain prior to the regular meeting of October 26, 2010 for the purpose of interviewing applicants for the Public Works Commission, with appointments to follow at the regular Council meeting. 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, October 12, 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: a. Approval of minutes of Closed Session meeting held on September 14, 2010. b. Approval of minutes of Closed Session meeting held on September 28, 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 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 Sellen, Kansaku and Bohacik v. City of Hermosa Beach YC 059310 Johnny Anderson v. City of Hermosa Beach CV06-5078 Corey W. Glave v. City of Hermosa Beach YS019820 6