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Home My WebLink About10/11/11 1 “The bridges you cross before you come to them are over rivers that aren't there.” - Gene Brown AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, October 11, 2011 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.m. - CLOSED SESSION: See attached Closed Session Agenda 7:00 p.m. - REGULAR MEETING MAYOR Howard Fishman CITY CLERK Elaine Doerfling MAYOR PRO TEM Jeff Duclos CITY TREASURER John M. Workman COUNCIL MEMBERS Patrick ‘Kit’ Bobko Michael DiVirgilio Peter Tucker 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 2 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS NATIONAL HEALTH EDUCATION WEEK OCTOBER 16-22, 2011 PRESENTATIONS PRESENTATION BY VITALITY CITY PRESENTATION BY ROBERT FORTUNATO GREEN IDEA HOUSE UPDATE 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. 3 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 August 9, 2011; 2) Minutes of the Special meeting held on August 25, 2011; 3) Minutes of the Regular meeting held on September 13, 2011; and, 4) Minutes of the Special meeting held on September 15, 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 receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 2, 2011. (e) Recommendation to direct staff to prepare and distribute a Request for Proposals to prepare the 5th General Plan Housing Element Update as required by state law. Memorandum from Community Development Director Ken Robertson dated October 4, 2011. (f) Recommendation to receive and file report regarding Brown Act complaint filed by Hany Fangary and the law firm of Wolf, Rifkin, Shapiro, Schulman & Rabkin; direct City Attorney to send letter pursuant to Government Code § 54960.1 (c)(2) communicating the City Council’s determination that the complaint was filed untimely and further that no Brown Act violation occurred and therefore that the City Council will not cure or correct any challenged action. Memorandum from City Attorney Michael Jenkins dated October 6, 2011. (g) Recommendation to rescind the initial fee of $10 for obtaining a cash key and the fee of $10 for reloading the cash key; give customers who have paid the fees credit against future cash key transactions; and, adopt resolution amending the Master Fee Resolution to rescind the fees. Memorandum from Finance Director Viki Copeland dated October 5, 2011. 4 (h) Recommendation to appropriate $1,469 to the Myrtle District Administrative Expense Fund (137) and $1,210 to the Loma District Administrative Expense Fund (138) for fiscal year ending June 30, 2011. Memorandum from Finance Director Viki Copeland dated September 26, 2011. (i) Recommendation to adopt resolution to approve the application for grant funds from the Los Angeles County Regional Park and Open Space District Excess Funds Grant Program for the South Park Master Plan Improvements. Memorandum from Public Works Director Frank Senteno dated October 3, 2011. (j) Recommendation to approve a Professional Services Agreement with PCR Services Corporation to provide Historic Resources review (Certificate of Appropriateness) in an amount not to exceed $7,108. Memorandum from Community Development Director Ken Robertson dated October 6, 2011. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1237 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING TEMPORARY REGULATIONS SUPERSEDING CERTAIN PROVISIONS OF CHAPTER 12.16 AND CHAPTER 17.26 OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 4, 2011 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 7:30 P.M. a. CONSIDERATION OF DRAFT GENERAL PLAN HOUSING ELEMENT FOR SUBMITTAL TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (Cont’d from 7/26/11 meeting) Memorandum from Community Development Director Ken Robertson dated October 4, 2011. RECOMMENDATION: Direct staff to submit the draft Housing Element to the State Department of Housing and Community Development for tentative certification. 5 b. PROPOSED AMENDMENTS TO THE CALIFORNIA BUILDING CODE AND THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO PROTECTION OF ADJOINING PROPERTY DURING CONSTRUCTION. Memorandum from Community Development Director Ken Robertson dated October 6, 2011. RECOMMENDATION: Waive full reading and introduce proposed ordinance amending Section 15.04.070; or, receive and file. 6. MUNICIPAL MATTERS a. PROPOSED DRINKING FOUNTAIN ON THE GREENBELT AT 8TH STREET. Memorandum from Public Works Director Frank Senteno dated October 5, 2011. RECOMMENDATION: That the City Council receive and file the proposal for a drinking fountain to be installed on the Greenbelt at 8th Street and provide direction to staff. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. 2ND ANNUAL SNOWFEST – SATURDAY, DECEMBER 10, 2011, 10:00AM TO 9:00PM ON PIER AVENUE AND PIER PLAZA. Memorandum from City Manager Stephen Burrell dated October 5, 2011. RECOMMENDATION: That the City Council approve the Snowfest/Plaza Holiday Event sponsored by Pier Avenue merchants as recommended by the Parks, Recreation and Community Resources Advisory Commission. 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. NONE ADJOURNMENT 6 AGENDA CLOSED SESSION MEETING HERMOSA BEACH CITY COUNCIL Tuesday, October 11, 2011 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.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 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 September 27, 2011. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: 552 11th Place Negotiating Parties: Stephen Burrell Richard Thielscher Under Negotiation: Price & Terms of Payment b. Property: 1303 Hermosa Ave Negotiating Parties: Stephen Burrell James G. Wellbaum Under Negotiation: Price & Terms of Payment 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURNMENT