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Home My WebLink About12/14/10"youv """t wovt~ to t~e wovld is usu~lli:J cletev""-i"'ecl btJ w~~t veVM.~i"'s ~ftev i:JOUY b~cl ~~bits ~ve subtv~ctecl fvoVM. i:JDUY goocl o"""s."-B.e~~""-i"' Fv~"'Rli"' AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, December 14,2010-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 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 I CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS ANNOUNCEMENTOFTHE~NNEROFTHE PARKING PERMIT ART CONTEST PRESENTATION BY TODD LOEWENSTEIN OF THE BAIKU BIKE TRANSPORTATION SYSTEM 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 Citv Council held on November 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 accept donations of $300.00 from the Woman's Club of Hermosa Beach to be used for maintenance of the Veterans' Memorial; $1,650.00 from the Hermosa Beach Kiwanis Foundation to be used for maintenance of the Veterans' Memorial; $2,300.00 from the Eric Choi to be used for the purchase of Tasers and evidence kits; and, $920.46 from various donors and rummage sale proceeds to be used for the purchase of a television for the Hermosa Senior Activity Center. Memorandum from Finance Director Viki Copeland dated December 6, 2010. (e) Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from City Manager Stephen Burrell dated December 7, 2010. Claimant: Hitchcock, Brian Date of Loss: 06-08-10 Date Filed: 10-28-10 Allegation: Property damage, personal injury (f) Recommendation to approve of the changes to the class specification for Police Service Officer Supervisor. Memorandum from City Manager Stephen Burrell dated December 6, 2010. (g) Recommendation to receive and file the action minutes of the Planning Commission meeting of December 1, 2010. (h) Recommendation to adopt resolution confirming that "tutoring services" is similar to office uses permitted in the C-1, C-2, C-3 and SPA-ll zones. Memorandum from Community Development Director Ken Robertson dated December 6, 2010. (i) Recommendation to receive and file report on CIP 08-127 Citywide Street ImprovementsNarious Locations. Memorandum from Interim Public Works Director Frank Senteno dated December 7, 2010. 3 (j) Recommendation to deny the claim from AT&T Mobility for refund of tax attributable to internet access services in the amount of $170,944.89. Memorandum from Finance Director Viki Copeland dated December 3, 2010. (k) Recommendation to authorize the appropriation of COPS funds to upgrade the crime data web site CrimeReports.com and install new technology LED spotlight bulbs at the cost of $5,085.95. Memorandum from Police Chief Greg Savelli. 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 ADOPTION OF A RESOLUTION DENYING A CONDITIONAL USE PERMIT AMENDMENT TO CHANGE FROM ON-SALE BEER AND WINE TO ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 439 PIER AVENUE (BUONA VITA RESTAURANT). Memorandum from Community Development Director Ken Robertson dated December 2, 2010. RECOMMENDATION: Adopt resolution sustaining the Plauning Commission's denial of a Conditional Use Permit Amendment for on-sale general alcoholic beverages in conjunction with an existing restaurant. b. TEXT AMENDMENT TO ALLOW MICROBREWERIES IN THE M-1 (LIGHT MANUFACTURING) ZONE AND ANY RELATED AMENDMENTS FOR CONSISTENCY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION ON M-1 PARCELS GENERALLY LOCATED WITHIN AN AREA BOUNDED BY SOUTH PARK, LOMA DRIVE, 8TH STREET AND THE GREENBELT (ACCESSED BY 6TH STREET, CYPRESS AVENUE AND VALLEY DRIVE) AND THE LOT OCCUPIED BY THE CITY PARKING LOT/HERMOSA SELF STORAGE AT 552 11TH PLACE. Memorandum from Community Development Director Ken Robertson dated December 2, 2010. RECOMMENDATION: Adopt an environmental Negative Declaration and an ordinance to allow microbreweries producing less than 15,000 barrels of beer aunually. 4 c. PROPOSED CHANGES AND IMPROVEMENTS TO THE BALL FIELDS AT CLARK FIELD. THE IMPROVEMENTS INCLUDE INSTALLATION OF SAFETY FENCING AND NETTING ON THE SOUTHERN SIDE OF THE FIELD, IMPROVEMENTS TO THE YOUTH SIZE BASEBALL/SOFTBALL DIAMOND ALONG WITH DUGOUTS IN THE SOUTHEAST CORNER OF THE FIELD. Memorandum from City Manager Stephen Burrell dated December 9, 2010. RECOMMENDATION: That the City Council open the public hearing and receive any input on the proposed changes to the field and uphold the Parks, Recreation and Community Resources Advisory Commission's approval of the improvements to Clark Field. 6. MUNICIPAL MATTERS a. OPTIONS TO IMPROVE THE ANNUAL REVIEW OF ON-SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS. Memorandum from Community Development Director Ken Robertson dated December 2, 2010. RECOMMENDATION: Direct staff to implement the on-sale alcoholic beverage conditional use permit review criteria and process set forth in Attachment 1. b. DISCUSSION OF EXTENDING OR RESTRUCTURING THE GREEN TASK FORCE. Memorandum from Community Development Director Ken Robertson dated December 6, 2010. RECOMMENDATION: Extend the Green Task Force for six months, and then accept applications for a new term of two years. c. MUNICIPAL CODE AMENDMENT TO AMEND CHAPTER 8.04 (HEALTH AND SAFETY) REGARDING TATTOO/BODY ART ESTABLISHMENTS AS AN URGENCY MEASURE. Memorandum from Community Development Director Ken Robertson dated December 8, 2010. RECOMMENDATION: Adopt in urgency ordinance to amend Chapter 8.04 (Health and Safety) regarding Tattoo/Body Art Establishments. 7. MISCELLANEOUS ITEMS AND REPORTS-CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL NONE 5 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 6 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 14, 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 November 23,2010. 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, Loca1911 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 REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: Negotiating Parties: Under negotiation: b. Property: Negotiating Parties: Under Negotiation: West of intersection of 2"d Street and Beach Drive Stephen Burrell & GU Holdings, Inc. Terms of payment 51 Pier Avenue Stephen Burrell & Fat Face Fenner's Fishack Price & Terms of Payment 7 5. 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: Anticipated Litigation: Macpherson v. City of Hermosa Beach BC172546 Hermosa Beach Police Officers Association; Hermosa Beach Fire Association v. City of Hermosa Beach YC062967 a. Government Code Section 54956.9(b )(3)(E) A point has been reached where, in the opinion ofthe City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City: Number of potential cases: I b. Government Code Section 54956.9(b )(3)(C) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City: Receipt of claim from AT&T for refund of utility user taxes ADJOURNMENT 8