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Home My WebLink About08/14/12 1 “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influences of each.” - Henry David Thoreau AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, August 14, 2012 - Council Chambers, City Hall 1315 Valley Drive 5:30 p.m. - CLOSED SESSION: See attached Closed Session Agenda 7:00 p.m. - REGULAR MEETING MAYOR Jeff Duclos CITY CLERK Elaine Doerfling MAYOR PRO TEM Patrick ‘Kit’ Bobko CITY TREASURER David Cohn COUNCIL MEMBERS Michael DiVirgilio Howard Fishman Peter Tucker INTERIM CITY MANAGER John Jalili 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 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 August 6, 2012 regarding several matters in Council’s jurisdiction. 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. 3 (a) Recommendation to approve the following minutes: 1) Minutes of the Regular meeting held on July 10, 2012 and, 2) Minutes of the Adjourned Regular meeting held on July 11, 2012. (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 Tentative Future Agenda Items. (d) Recommendation to deny the following claims and refer them to the City’s Liability Claims Administrator. Memorandum from Interim City Manager John Jalili dated August 6, 2012. Claimant: King, Laurel Date of Loss: 04-20-12 Date Filed: 07-17-12 Allegation: Property damage Claimant: Loutzenhiser, James Date of Loss: 07-16-12 Date Filed: 08-06-12 Allegation: Wrongful termination (e) Recommendation to appropriate COPS Funds on Projects #2 through #5 as outlined in the staff report in the amount of $136,898. The cost of the antenna project will be submitted for approval and appropriation when that amount is determined. Memorandum from Interim Police Chief Steve Johnson dated July 26, 2012. (f) Recommendation to authorize the appropriation of $24,803 and the corresponding estimated revenue to the Grant Fund for the 2009 State Homeland Security Grant Program purchase of firefighting equipment and training aids. Memorandum from Fire Chief David Lantzer dated August 2, 2012. (g) Recommendation to provide financial contribution to the Santa Monica Bay Restoration Foundation (SMBRF) to help fund activities conducted by the SMBRF and the Santa Monica bay Restoration Commission; and, approve a transfer of $1,500 from Prospective Expenditures to the Sewer Fund (160-3102-4201) to appropriate the annual contribution for fiscal 2012-13 with annual contributions of $1,500 beginning this fiscal year and ceasing at the end of five years for a total contribution of $7,500. Memorandum from Public Works Director Frank Senteno dated July 27, 2012. (h) Recommendation to approve the Settlement Agreement and Release of Claims with El Camino College In-Service Firefighter Training Program and authorize the City Manager to sign the agreement. Memorandum from Fire Chief David Lantzer dated August 2, 2012. 4 (i) Recommendation to approve an exchange agreement with the City of La Mirada to sell $78,506 of the City’s unspent Community Development Block Grant (CDBG) funds for $55,739 in unrestricted funds. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. (j) 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, 2013. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. (k) Recommendation to waive preferential parking permit fees for 100% alternative fuel vehicles (100% electric, fuel cell, CNG vehicles; utilizing fossil fuels not eligible); waive building permit fees for service upgrades for 100% alternative fuel vehicles (e.g., electric charging, CNG); rebate 50% of building permit plan check/inspection fees (charging only the outside plan check fees) for improvements that (A) directly and substantially increase energy efficiency (such as at least 15% above city codes) for buildings constructed earlier than 2000, (B) incentivize LEED or Build-It-Green Program certification (directly and substantially increase energy efficiency, water conservation and/or waste reduction), or (C) otherwise involve improvements that will make a significant contribution, exceed code requirements, or are early adoption-type behaviors; rebate 50% of building permit plan check/inspection fees for retrofit improvements that quality for Energy Upgrade California funding, charging only the outside plan check fees; and, provide priority permit processing for the above. Memorandum from Community Development Director Ken Robertson dated August 6, 2012. 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Public comments on items removed from the Consent Calendar. 5 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. CONSIDERATION OF TEXT AMENDMENT TO MUNICIPAL CODE CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING) AND RELATED SECTIONS FOR CONSISTENCY TO ALLOW PORTABLE SIGNS ON THE PUBLIC RIGHT-OF-WAY. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. PLANNING COMMISSION RECOMMENDATION: Adopt the proposed resolution declining to amend the Municipal Code to allow portable signs on the public right-of-way, and further, directing staff to enforce the prohibition. ALTERNATIVE: Direct staff to return with a complete analysis of First Amendment issues and/or draft ordinance to allow portable signs on the public right-of-way in commercial zoning districts without a conditional use permit, and continue the public hearing to September 11, 2012. b. CONSIDERATION OF TEXT AMENDMENT TO MUNICIPAL CODE CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING) AND RELATED SECTIONS FOR CONSISTENCY TO ALLOW OUTDOOR RETAIL SALES/DISPLAY AREAS ON THE PUBLIC RIGHT-OF-WAY. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. PLANNING COMMISSION RECOMMENDATION: Adopt the proposed resolution declining to amend the Municipal Code to allow outdoor retail sales/display areas on the public right-of-way. ALTERNATIVE: Direct staff to return with a draft ordinance to allow retail sales/display areas on the public right-of-way in commercial zoning districts without a conditional use permit incorporating standards suggested by the Planning Commission, and continue the public hearing to September 11, 2012. c. TEXT AMENDMENT TO AMEND TITLE 8 (HEALTH AND SAFETY) TO BAN POLYSTYRENE FOOD SERVICE WARE AND ASSOCIATED AMENDMENTS FOR CONSISTENCY RELYING ON AN ENVIRONMENTAL NEGATIVE DECLARATION ADOPTED ON MARCH 27, 2012. RECOMMENDATION: Consider introducing an ordinance to amend the Municipal Code, Title 8 (Health and Safety) to ban polystyrene food service ware and associated amendments relying upon an Environmental Negative Declaration adopted March 27, 2012. 6 6. MUNICIPAL MATTERS a. REVISED PURCHASING ORDINANCE TO EXEMPT PURCHASES VIA COOPERATIVE PURCHASING PROGRAMS (PIGGYBACK CONTRACTS). Memorandum from Public Works Director Frank Senteno dated July 27, 2012. RECOMMENDATION: Waive full reading and introduce the proposed Cooperative Purchasing Agreement ordinance. b. STATUS REPORT ON SOLID WASTE AND RECYCLING SERVICES CONTRACTING PROCESS. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. RECOMMENDATION: Receive and file. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITY MANAGER TRANSITION. Oral report from Interim City Manager John Jalili. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES – BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS ON THE PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated July 31, 2012. RECOMMENDATION: Direct City Clerk to immediately advertise and request applications from interested parties for three Public Works Commission terns that will expire October 31, 2012, with appointments to be made at the regular Council meeting of October 23, 2012. b. VACANCIES – BOARDS AND COMMISSIONS PUBLIC WORKS COMMISSION – UNEXPIRED TERM ENDING OCTOBER 31, 2014. Memorandum from City Clerk Elaine Doerfling dated July 31, 2012. RECOMMENDATION: Direct City Clerk to advertise the Public Works Commission special vacancy (concurrently with the three upcoming term expirations), inviting applications from persons interested in serving the remaining two years of an unexpired term ending October 31, 2014, with appointment to take place at the regular Council meeting of October 23, 2012. 7 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 8 AGENDA CLOSED SESSION HERMOSA BEACH CITY COUNCIL Tuesday, August 14, 2012 - Council Chambers, City Hall 1315 Valley Drive 5:30 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 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 July 24, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: 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 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) Name of Case: City of Hermosa Beach v. Hitchcock Case Number: YC067202, LA Co. Superior Court-Southwest District ADJOURNMENT August 9, 2012 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council August 14, 2012 TENTATIVE FUTURE AGENDA ITEMS AUGUST 28, 2012AUGUST 28, 2012AUGUST 28, 2012AUGUST 28, 2012 NO MEETING SEPTEMBER 11, 2012SEPTEMBER 11, 2012SEPTEMBER 11, 2012SEPTEMBER 11, 2012 Review of documents relating to the solicitation of banking services and financial institutions or brokers for investment services Finance Director Surf Memorial Public Works Director Beach Restrooms final Acceptance Public Works Director Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D.. Finance Director Public Hearing: Outsourcing Parking Enforcement Interim Police Chief Fire Permits Inspection Fees Fire Chief Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 7, 2012 Community Resources Text amendment to incorporate a policy for no intensification of on-sale alcoholic beverage establishments open after 11:00 P.M. into the code, including a cap on the number of such late night establishments Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 18, 2012 Public Works Director Recommendation to receive and file the action minutes of the Planning Commission meeting of August 21, 2012 Community Development Director Activity Reports for July 2012 All Departments TUESDAY, TUESDAY, TUESDAY, TUESDAY, SEPTEMBER 25, 2012SEPTEMBER 25, 2012SEPTEMBER 25, 2012SEPTEMBER 25, 2012 NO MEETING DUE TO YOM KIPPUR, MEETING MOVED TO THURSDAY, SEPTEMBER 27, 2012 THURSDAY, SEPTEMBER 27, 2012THURSDAY, SEPTEMBER 27, 2012THURSDAY, SEPTEMBER 27, 2012THURSDAY, SEPTEMBER 27, 2012 Lots A and B Trash Enclosures (Continued from meeting of March 13, 2012) Public Works Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 19, 2012 Public Works Director Recommendation to receive and file the action minutes of the Planning Commission meeting of September 18, 2012 Community Development Director Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 2, 2012 City Manager Activity Reports for August 2012 All Departments 2c