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Home My WebLink About10/08/13 1 “Throughout history, the most common debilitating human ailment has been cold feet.” AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, October 8, 2013 - 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 Patrick ‘Kit’ Bobko CITY CLERK Elaine Doerfling MAYOR PRO TEM Michael DiVirgilio CITY TREASURER Vacant COUNCIL MEMBERS Jeff Duclos Howard Fishman Peter Tucker CITY MANAGER Tom Bakaly 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, Hermosa Beach 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 PRESENTATIONS PRESENTATION OF CERTIFICATE OF RECOGNITION TO JEFF MAXWELL FOR HIS SERVICE AS PRESIDENT OF THE HERMOSA BEACH KIWANIS CLUB PRESENTATION TO BILL SIGLER FOR HIS SERVICE ON THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION 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 3 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 Adjourned Regular meeting held on June 11, 2013; 2) Minutes of the Regular meeting held on June 11, 2013; and, 3) Minutes of the Regular meeting held on June 25, 2013. (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 WAIVE $206 ADMINISTRATIVE FEE FOR HANGING BANNERS THAT ADVERTISE THE HERMOSA BEACH WOMAN’S CLUB PANCAKE BREAKFAST ON OCTOBER 20, 2013. (e) RECOMMENDATION TO APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PSOMAS LTD. TO PERFORM CIP PROJECT MANAGEMENT/INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS ON A MONTH TO MONTH BASIS; APPROVE THE THIRD AMENDMENT TO THE PSA WITH PROJECT PARTNERS FOR INTERIM CIP ENGINEERING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS ON A MONTH TO MONTH BASIS; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED PSA AMENDMENTS SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Frank Senteno dated September 30, 2013. (f) RECOMMENDATION TO ACCEPT DONATION OF $850 FROM HERMOSA CYCLERY, INC. TO BE USED FOR A BIKE FOR THE USE OF THE HERMOSA BEACH POLICE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated October 1, 2013. (g) RECOMMENDATION TO APPROVE REAPPROPRIATION OF FUNDS FROM 2012-13 TO 2013-14 FOR THE INSURANCE FUND. Memorandum from Finance Director Viki Copeland dated October 1, 2013. 4 (h) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY PALP, INC., DBA EXCEL PAVING COMPANY FOR THE CIP NO. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL AS COMPLETE; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT OF PALP, INC., DBA EXCEL PAVING COMPANY (5% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Frank Senteno dated October 1, 2013. (i) RECOMMENDATION TO AWARD THE RE-ROOFING CONTRACT FOR PROJECT NO. CIP 13-613 AND CIP 13-619 RE-ROOFING OF CITY BUILDINGS AT 555 6TH STREET TO WILTSHIRE URETHANE FOAM CO. OF SAN DIMAS, CA IN THE AMOUNT OF $23,986 AND 1307 BARD STREET TO FISHER CONTRACTOR, INC. OF CLAREMONT, CA IN THE AMOUNT OF $10,153; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACTS SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Frank Senteno dated September 23, 2013. 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 7:30 P.M. a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND A CONDITIONAL USE PERMIT BY MODIFYING THE LATE NIGHT HOURS OF AN EXISTING RESTAURANT WITH ON-SALE GENERAL ALCOHOL THAT CLOSES AT 12:00 MIDNIGHT DAILY AND WITH LIVE ENTERTAINMENT THAT CEASES DAILY AT 11:30 P.M. (PREVIOUSLY “CAFÉ BOOGALOO”), FOR A NEW BUSINESS, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AT 1238 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated September 25, 2013. RECOMMENDATION: Consider the following alternatives and direct staff to return on October 22, 2013 with a resolution to either: 1) sustain the Planning Commission’s decision to deny the Conditional Use Permit amendment to modify hours for an existing restaurant with on-sale general alcohol based on the reasons in the staff report; or, 2) overturn the Planning Commission’s decision based on further modifications proposed by the applicant and approve the 5 Conditional Use Permit amendment to modify hours for an existing restaurant with on-sale general alcohol as requested and to cease live entertainment 30 minutes prior to the closing time, for the reasons in the staff report and modify CUP conditions for consistency. b. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP FOR A TWO-UNIT CONDOMINIUM, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AT 705 1ST PLACE. Memorandum from Community Development Director Ken Robertson dated September 26, 2013. RECOMMENDATION: Adopt resolution to sustain the Planning Commission’s decision to approve Conditional Use Permit 13-2, Precise Development Plan 13- 13, and Vesting Tentative Parcel Map No. 72362 for a two-unit condominium and determination that the project is categorically exempt from the California Environmental Quality Act. 6. MUNICIPAL MATTERS a. APPROVAL OF REQUEST FROM MARINELAND COMMUNITY ASSOCIATION, INC. (MCAI) TO CONVERT PRE-DEVELOPMENT LOAN FUNDS PROVIDED BY THE CITY TO A GRANT. Memorandum from Finance Director Viki Copeland dated September 30, 2013. RECOMMENDATION: That City Council convert pre-development loan funds provided by the City from an amount of $70,000 to a grant in the amount of $111,831 and approve a resolution converting the funds and expressing support for continued affordable housing in Hermosa Beach. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. UPDATE ON PROPOSED EXPANSION OF P.A.R.K. AFTER SCHOOL PROGRAM. Memorandum from Assistant to the City Manager Diane Strickfaden dated October 8, 2013. RECOMMENDATION: Receive and file. b. CITY COUNCIL MEETING SCHEDULE FOR 2014. Memorandum from City Manager Tom Bakaly dated October 3, 2013. RECOMMENDATION: Review and provide direction on the proposed City Council meeting date changes and direct staff to prepare a City Council meeting schedule for 2014. 6 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE 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. a. Request from City Council as to whether to agendize a discussion of releasing oil mock jury information. ADJOURNMENT 7 AGENDA CLOSED SESSION HERMOSA BEACH CITY COUNCIL Tuesday, October 8, 2013 - 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 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 10, 2013 3. 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(d)(1) a. Name of Case: Hitchcock v. City of Hermosa Beach, et al United States District Court Case No. : CV12 06570 GAF PLAx Anticipated Litigation: Government Code Section 54956.9(d)(2) Number of potential cases: 1 ADJOURNMENT October 3, 2013 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council October 8, 2013 TENTATIVE FUTURE AGENDA ITEMS OCTOBER 22, 2013 PRESENTATIONS PRESENTATION ON THE WATER RELIABILITY 2020 PROGRAM BY WEST BASIN WATER DISTRICT PRESENTATION ON THE OCEAN FRIENDLY DEMONSTRATION GARDEN BY WEST BASIN WATER DISTRICT Oil Project Status Report City Manager CONSENT CALENDAR Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 1, 2013 Fire Chief Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 18, 2013 Public Works Director Recommendation to receive and file the action minutes of the Planning Commission meeting of October 15, 2013. Community Development Director Street Repair Design 2013-14 Public Works Director Parking Fee for Oversized Vehicles Police Chief PUBLIC HEARINGS Approval of 2013-2021 General Plan Housing Element Update & Neg Dec. Community Development Director MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Holiday Parking Regulations City Manager Implement Energy Reduction and Cost Savings Measures, including (1) City Building Lighting and City-Owned Street Lights energy reduction projects pursuant to a Southern California Edison (SCE) On-Bill Financing Agreement for reimbursement of project costs, determine the project is Categorically Exempt from the California Environmental Quality Act, and amend CIP 13-656 Citywide Energy Conservation Upgrade to include these projects; (2) provide direction to evaluate a strategy for reducing energy use and costs associated with SCE-Owned Street Lights; and (3) adopt a Municipal High-Efficiency Product Procurement Policy. NOVEMBER 12, 2013 APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE PENDING ITEMS Discussion and Direction Concerning New Revenue Sources:  Demand pricing for parking meters  Convenience Fee Finance Director South Park Design Contract Public Works Director & Assistant to the City Manager Fire and Police Report – Study Session Fire Chief Parking Green Zones - Inventory Police Chief Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D.. Finance Director Procurement Policies - RFP City Manager Building Code Amendments – Adjacent Property Owner Protection Community Development Director Short-term Rentals Community Development Director Ethics Policy City Manager & Finance Director Carbon Neutrality Goals Community Development Director Food Trucks Community Development Director Downtown/Civic Center Plan Community Development Director Update on Athens Services Public Works Director 2c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26