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Home My WebLink About07/12/11"When d<1y is done you frequently discover th<1t little else is." AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, July 12, 2011 -Council Chambers, City Hall 1315 Valley Drive 6:00p.m.-CLOSED SESSION: See attached Closed Session Agenda 7:00p.m.-REGULAR MEETING MAYOR Howard Fishman MAYOR PROTEM Jeff Duclos COUNCIL MEMBERS Patrick 'Kit' Bobko Michael DiVirgilio Peter Tucker 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, Califomia, 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 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 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. (a) Letter from Howard Longacre dated July 5, 2011 regarding review of "ceremonial" Citv Treasurer position, whether it should be appointed, its pay and benefits, and with whom responsibility for investment selection and purchase resides for inactive Citv funds. 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. 2 (a) Recommendation to approve the following minutes: 1) Minutes of the Adjourned Regular meeting held on May 26, 2011; 2) Minutes of the Special Meeting held on June 3, 2011; and, 3) Minutes of the Special Meeting held on June 13, 2011; (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 aoorove the class specification for Building and Code Enforcement Official. Memorandum from City Manager Stephen Burrell dated June 30, 2011. (e) Recommendation to approve the First Annual Summer Sidewalk Sale and Taste of Hermosa on August 20 and 21, 2011 and waive banner fee. Memorandum from City Manager Stephen Burrell dated July 5, 2011. (f) Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 15,2011. 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 2011-2012 FOR THE FISCAL YEAR BEGINNING JULY 1, 2011, AND ENDING JUNE 30, 2012. RECOMMENDATION: 1) Conduct a Public Hearing in connection with the levy of assessments for FY 11-12; and, 2) adopt resolution confirming the diagram and assessment for Hermosa Beach Landscaping and Street Lighting District 2011-2012 ("District") and levying an assessment for the fiscal year commencing July 1, 2011 and ending June 30, 2012. 3 b. CONSIDERATION OF AN ORDINANCE FOR THE CITY OF HERMOSA BEACH APPROVING AN AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR REGULATING PARKING OF OVERSIZED VEHICLES. Memorandum from Police Chief Greg Savelli. RECOMMENDATION: Receive public input and consider introduction and first reading of an ordinance amending the Hermosa Beach Municipal Code to regulate the parking of oversized vehicles. Alternatively, take no action on the ordinance, provide any additional direction relative to the ordinance. 6. MUNICIPAL MATTERS a. REPORT FROM THE BUSINESS LICENSE TAX REVIEW COMMITTEE ON PROPOSED BUSINESS LICENSE TAX INCREASE FOR THE NOVEMBER 2011 BALLOT. Memorandum from City Manager Stephen Burrell dated July 7, 2011. RECOMMENDATION: That the City Council receive the presentation by the members of the Business License Review Tax Committee; and, that the City Council consider whether it wishes to place the proposal presented by the Business License Tax Review Committee on the November ballot for approval by the voters. b. REQUEST FROM FRESH AND EASY NEIGHBORHOOD MARKET TO MAKE A FINDING THAT AN ABC LICENSE FOR OFF-SALE ALCOHOL AT 727 PACIFIC COAST HIGHWAY IS A MATTER OF "PUBLIC CONVENIENCE OR NECESSITY". Memorandum from Community Development Director Ken Robertson dated July 6, 2011. RECOMMENDATION: That the City Council consider the request from the applicant for a letter to the Department of Alcoholic Beverage Control (ABC) determining that the issuance of an off-sale alcohol license at 727 Pacific Coast Highway (former Mortise & Tenon building) is a matter of"public convenience or necessity''. c. FEE REBATES FOR ENERGY UPGRADE CALIFORNIA PROJECTS AND PRESENTATION OF PROGRAM. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. RECOMMENDATION: To rebate fifty percent (50%) of the Building Permit plan check/inspection fees for retrofit improvements that qualify for Energy Upgrade California funding, charging only the outside plan check fees, and review the decision in one year. 4 d. FEE WAIVER FOR PHOTOVOLTAIC SOLAR PROJECTS. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. RECOMMENDATION: To extend the fee waiver for all permit costs associated with a photovoltaic installation, including building and electrical permit fees, except for building permit fees to upgrade the structure to accommodate the installation, and review the decision no later than August 31, 2012. e. FEE REDUCTION FOR SMALL WIND ENERGY SYSTEMS. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. RECOMMENDATION: To waive a portion of Planning and Building permit fees associated with installation of a small wind energy system, charging only the contract service fee the City pays for public noticing, other outside agency fees, any outside contractor fess, and outside plan check fees, except for building permit fees to upgrade the structure to accommodate the installation, and review the decision no later than August 31, 2013. f. CITY INCENTIVES TO ADVANCE SUSTAINABILITY. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. RECOMMENDATION: To direct staff to implement the following incentives and report back to the Council in one year: 1) waive preferential parking permit fees for 100% electric or 100% CNG vehicles; 2) waive building permit fees for service upgrades for 100% alternative fuel vehicles (e.g., electric charging, CNG); 3) direct City Manager to formulate and then implement a list of specific improvements eligible for up to a 50% reduction in building permit fees to increase energy efficiency or incentivize LEED or Built-It-Green Program certification, focusing on actions that will make a significant contribution, exceed code requirements or are early adoption-type behaviors; and, 4) provide priority permits processing for the above. g. PENSION LIABILITY INDEPENDENT ECONOMIC REPORT. Memorandum from City Manager Stephen Burrell dated July 7, 2011. RECOMMENDATION: That the City Council review the attached information as directed by the City Council at their meeting of June 28, 2011. If the City Council is interested in having the independent economic report done, staff should be directed to return with a proposal letter and scope of work. 7. MISCELLANEOUS ITEMS AND REPORTS -CITY MANAGER a. CITY COUNCIL MEETING OF AUGUST 9, 2011 AT VIEW SCHOOL. Memorandum from City Manager Stephen Burrell dated July 6, 2011. RECOMMENDATION: Receive and file report. 5 b. LABOR DAY FIESTA BUS ROUTE. Memorandum from City Manager Stephen Burrell dated July 7, 2011. c. RECOMMENDATION: That the City Council review and consider approving the bus route for the Labor Day Fiesta. AB455 PUBLIC EMLOYMENT: LOCAL PUBLIC EMPLOYEE ORGANIZATIONS -APPOINTMENT OF MEMBERS TO THE CIVIL SERVICE COMMISSION REQUIRES THAT 50% BE APPOINTED FROM A LIST SUPPLIED BY LARGEST EMPLOYEE ORGANIZATION. Memorandum from City Manager Stephen Burrell dated July 7, 2011. RECOMMENDATION: That the City Council consider urging the Governor to vetoAB455. 8. MISCELLANEOUS ITEMS AND REPORTS -CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 5, 2011. 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. b. VACANCIES -BOARDS AND COMMISSIONS: GREEN TASK FORCE RECUITMENT. Memorandum from City Clerk Elaine Doerfling dated July 6, 2011. RECOMMENDATION: Direct City Clerk to re-advertise for additional applicants and report back to Council at its September 13, 2011 meeting for the scheduling of interviews, with appointments to be made at the September 27, 2011 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. a. Request from Mayor Pro Tern Duclos to change the protocol for setting the "Walk your Bike" zone on the Strand and make this a Volunteer In Policing job. 6 b. Request from Councilmember Tucker to temporarily allow the placement of tables and chairs on the public way for six months and ask the Planning Commission to draft a policy to allow this usage as was done with Coffee Bean, Starbucks and Skinny Minnie. In order to comply with this temporary usage, the businesses would have to show insurance and give staff a plan showing the placement of tables and chairs and not block the ADA requirements for the sidewalks. This would not include Upper Pier, no sandwich boards, furniture and clothing racks. c. Request from Councilmember Tucker to participate in the funding of buses for Navy Week LA beginning Friday, July 29, 2011. Buses are used to transport Navy personnel to various venues in Los Angeles. Funding will be shared with others. ADJOURNMENT 7 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 12, 2011 -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 28,2011. 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. Anticipated Litigation: Government Code Section 54956.9(b) Number of Cases: 1 (letter from William Beverly regarding claim of Thomas Brodie). 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURNMENT 8 Business License Committee Proposal Updated With City Records 7/12/2011 Current Revenue New Revenue % of Total GENERAL BUSINESS LICENSE $175 227 50,934$ $39,725 3.75% AUTO/BOAT/DEALER/MFG/WHOLESALE fixed rates 31 22,625$ $21,750 2.06% Auto/Boat/Dealer/Mfg/Wholesale < $3,000,000 Sales $500 26 6,205$ $13,000 Auto/Boat/Dealer/Mfg/Wholesale > $3,000,000 Sales $1,250 3 3,300$ $3,750 Gas Service Stations $2,500 2 13,120$ $5,000 SERVICES fixed rate plus rate per employee 269 80,618$ $111,025 10.49% $350 plus $25 per employee($350*269)+($25*675 employees)269 80,618$ $111,025 LODGING fixed rates per unit 463 113,108$ $123,770 11.69% Apartments, Hotels, Motels, Rental of Residential Property, Care Center $35 per unit, owner exempted (3520 units*$35)462 111,968$ $123,200 Trailer or Mobile Home Park $30 per unit, owner exempted (19 units*$30)1 1,140$ $570 FOOD & BEVERAGE - All Restaurants Total Cap $8,000 fixed rates 112 100,001$ $157,900 14.92% Restaurant w/o beer, wine or liquor $250 38 7,258$ $9,500 Restaurant w/ beer, wine or liquor closing before 12am $600 44 46,595$ $26,400 Restaurant w/beer, wine or liquor w/live music or dancing or closing after 12am (3 or less days/week)$2,000 5 7,034$ $10,000 Restaurant w/beer, wine or liquor w/live music or dancing or closing after 12am (4 days/week)$3,000 0 -$ $0 Restaurant w/beer, wine or liquor w/live music or dancing or closing after 12am (5 or more days)$5,000 20 37,621$ $100,000 Food and/or beverage w/drive-thru operation $4,000 3 573$ $12,000 Dance Hall No Fee 2 920$ $0 RETAIL 187 192,264$ $172,371 16.29% Retail < $250,000 Sales $175 119 19,807$ $20,825 Retail > $250,000 Sales (Total Cap at $8,000)$1.00 per $1000 in gross receipts 49 77,256$ $67,240 Supermarkets, Drug Stores, Liquor Stores, or Off-Sale Liquor Greater of $2500 or $1.00 per $1000 in gross receipts 19 95,201$ $99,306 Liquor Store Credit (all off-sale)$1500 credit for closing hours at or before 12am 10 ($15,000) CONTRACTORS fixed rate 990 200,209$ $309,375 29.23% Contractors $350 495 108,077$ $173,250 Subcontractor $275 495 92,132$ $136,125 OTHER various 491 97,605$ $91,074 8.61% Home Occupation $99 per year.293 45,326$ $29,007 Catering Trucks $500 per vehicle per year.3 1,309$ $1,500 Fiesta Hermosa City Council Contract 1 4,975$ $4,975 Hospital & Mortuary $1500 plus $25 per employee ($1,500*3)+($25*47 employees)3 4,811$ $5,675 Massage & Tattoo $750 per year.21 2,511$ $15,750 Service & Delivery Vehicles $175 per vehicle per year.158 33,477$ $27,650 Solicitors $200 per individual per year.7 1,326$ $1,400 Telephone Company $1.00 per $1000 in Gross Receipts 1 3,583$ $4,717 Vending Machines $100 per machine per year.4 287$ $400 TOTAL BUSINESS LICENSE FEE 2770 *857,363$ $1,026,990 97.04% UPPER PIER (East of Hermosa Ave, West of Valley Drive)Add 10% 131 4,224$ 0.40% DOWNTOWN (Hermosa Ave. to Strand (8th-14th)Add 20%156 27,147$ 2.57% 1,058,362$ 100.00% Notes: 1)Reduction in home occupation businesses 2) First year no business license fee 1 *863,772$ (106,410)$ 100,001$ Use Updated 10/11 Restaurants 2 857,363$ 3 State License Professional, Semi Professional and Stenographer/Tel Serv/Agnc In determining the number of days open per week for restaurants, the following holidays are exempt: New Year's Day, Martin Luther King Jr. Day, Washington's/ President's Day, St. Patrick's Day, Cesar Chavez Day, Cinco de Mayo, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas. Restaurants will provide hours of operation to the City upon implementation of the new fees, and then annually thereafter. Taxes imposed on a basis other than a percentage of gross receipts shall be adjusted on an annual basis using the percentage increase in the cost of living, not to exceed 3%, as calculated by the US Bureau of Labor Statistics for the Los Angeles-Riverside-Orange County Standard Metropolitan Statistical Area for All Urban Consumers. 09/10 Revenue Remove Restaurants New Total