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Volume 37 Minutes 2008-01-02 to 2009-12-08
1 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, January 2, 2008, at the hour of 9:00 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Keegan Absent: None PUBLIC PARTICIPATION — None ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 2, 2008, at the hour of 9:01 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Wednesday, January 2, 2008, at the hour of 10:58 a.m. At the hour of 10:59 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 2, 2008, at the hour of 11:00 a.m. to the Regular Meeting of January 8, 2008 at 7:10 p.m. C.� -'} C --c..) be'puty City Clerk City Council Minutes 01-02-08 Page 12325 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 8, 2008, at the hour of 7:17 p.m. • • PLEDGE OF ALLEGIANCE — Chris Miller ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENTS — Councilmember Bobko announced an Upper Pier Avenue Committee Town Hall Meeting on Saturday, January 26, at 10:00 a.m. in the Council Chambers, at which time the committee will review all proposals discussed at their meetings and provide an opportunity for questions. He then thanked everyone who donated to the Beach Cities Toy Drive and helped at the wrapping party. Councilmember Tucker invited the community to the dedication by the Hermosa Beach Woman's Club of Ardmore Park at Ardmore Avenue and Fifth Street at 11:00 a.m. on Wednesday, January 9; announced a household hazardous waste and e - waste roundup at Clark Stadium on Saturday, January 26, from 9 a.m. to 3 p.m.; and thanked everyone who donated toys for the Beach Cities Toy Drive to benefit underprivileged children. Mayor Pro Tempore Reviczky thanked the Toy Drive committee and the generosity of Hermosa Beach and Manhattan Beach residents for a huge success; asked that the meeting be adjourned in memory of two residents: Mary Stonier, long-time resident, former City Treasurer married to former Police Chief, who would be very much missed; and Ian White, a young man of 18 he had known since birth, an Eagle Scout who lost his life to cancer; said his heart goes out to his parents and his whole family. Mayor Keegan reminded the community to take advantage of the quick, convenient process of applying for a passport at City Hall and to call the City Clerk's Office for an appointment; said pictures could be taken at the same time and other details were on the City's website. He then invited everyone to a short ceremony to end the Centennial celebration, burying the time capsule for the next 100 years, on Sunday, January 13 at 11:00 a.m. on Pier Plaza at the clock near Hermosa Avenue. PRESENTATIONS RICHARD FRANK, THE BEACH REPORTER Mayor Keegan asked the entire Council to come forward to congratulate Mr. Frank on his retirement as founder, publisher and editor of The Beach Reporter weekly newspaper since 1977, read the proclamation which praised him for his participation in many civic organizations and providing years of service to the beach cities; also introduced Paul Silva who would be taking over for Mr. Frank. City Council Minutes 1-8-08 Page 12326 Richard Frank said he could think of no better choice to take over than Paul Silva; • said he was very honored and appreciative for the City's recognition. • • CLOSED SESSION REPORT FOR MEETING OF JANUARY 2, 2008: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the City Council at this time were: Mario Alvarez — Hermosa Beach, said he had spoken at previous Council meetings about construction at a car repair business adjacent to his home; projected on the screen photos illustrating what he said were problems of dust, toxic waste, tire storage, unsightly views from his home, ocean view obstruction, and incorrect setbacks which made access to his driveway difficult; said there were an illegal number of service bays; asked the status of the City's investigation (Council noted that construction is permitted to the property line, without setbacks, in a commercial zone, the temporary conditions will be gone when construction is complete, there is no view ordinance to protect ocean views and the construction conforms to City regulations; City Manager said the previous building agreed the situation will improve when construction is complete; asked Mr. Alvarez to meet him at 10 a.m. the following morning with the City's Code Enforcement Officer to discuss the issues); Patty Egerer — Hermosa Beach, read a letter submitted to the Council at the meeting summarizing the problems with construction at 905 Fifteenth Place, such as intensification of traffic, the elimination of two parking spaces from Mira Avenue because the driveway would now be located on that street instead of its previous location on Sixteenth Street (the lot covers the area between Fifteenth Place and Sixteenth Street) and private development of a 10' x 85' greenbelt which had been a feature of the neighborhood for 75 years; Donielle Hornaday — Hermosa Beach Bank of America Manager, presented a check to the City for the banner across Pacific Coast Highway in support of the Surfer's Walk of Fame; Roger Bacon — Hermosa Beach businessman, said the City did not have the plaques available prior to the Surfer's Walk of Fame Induction ceremony on July 29, that he had to pick them up in El Segundo, and they were not installed until December 19; suggested that Mayor Keegan write letters of apology to the inductees for the delay; said he had collected money for the Vetter Windmill, the Education Foundation and Surfer's Walk of Fame and the City will have the task of coming up with money for the Surfer's Walk of Fame since he would no longer be involved; City Council Minutes 1-8-08 Page 12327 • • Alan Tomen — Hermosa Beach, agreed with Ms. Egerer that losing two parking spaces and putting the driveway on Mira was a bad idea; asked the City to look over the plans and consider making changes for the benefit of the neighborhood; also mentioned parking problems on Sixteenth Street caused by the elimination of spaces on that street and the patrons of 24 Hour Fitness who continue to use street parking; Rosalind Bender — Hermosa Beach, echoed the comments of the previous speakers; said no notice was given to the neighbors and she received information from construction workers on the site during demolition; said people would be forced to park on Sixteenth Street where, as the City is well aware, parking and speeding problems already exist; said the prior house had driveway access on Sixteenth Street; asked if the CalTrans study of Sixteenth Street problems was complete; and Tom Hutch — Hermosa Beach, expressed concern for the future of the City and thought communications from several Councilmembers could be characterized as equivocations; said the City was now a destination spot for party animals, which is not what the residents wanted; urged the Council to look closely at what was happening, like parcels of land up for bid in the central part of the City for several millions of dollars, and change their course of action before it was out of their control. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(1) DiVirgilio. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 27, 2007. Action: To approve, as presented, the minutes of the Regular Meeting of November 27, 2007. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 50236 THROUGH 50535 AND TO APPROVE CANCELLATION OF CHECK NOS. 48136 AND 48139 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. • (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2007 FINANCIAL REPORTS: City Council Minutes 1-8-08 Page 12328 • 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the November 2007 financial reports: (e) RECOMMENDATION TO AUTHORIZE STAFF TO ISSUE A CHANGE ORDER FOR PROJECT CIP 05-413 SEWER IMPROVEMENTS FOR EMERGENCY SEWER REPAIRS PERFORMED AND AUTHORIZE THE TRANSFER OF $23,280 FROM CIP 07-423 (301-8423-4201) TO CIP 05-413 (301-8413-4201). Memorandum from Public Works Director Richard Morgan dated December 12, 2007. (f) Action: To approve the staff recommendation to: (1) Authorize staff to issue a Change Order for Project CIP 05-413 Sewer Improvements for emergency sewer repairs performed; and (2) Authorize the transfer of $23,280 from CIP 07-423 (301-8423-4201) to CIP 05-413 (301-8413-4201). RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF DECEMBER 19, 2007. Action: To receive and file the action minutes of the Public Works • Commission meeting of December 19, 2007. • (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING OF DECEMBER 12, 2007. Action: To receive and file the action minutes of the Upper Pier Avenue Committee meeting of December 12, 2007. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING DECEMBER 20, 2007. (i) Action: To receive and file the action minutes of the Upper Pier Avenue Committee meeting December 20, 2007. RECOMMENDATION TO RECEIVE AND FILE THE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated December 27, 2007. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of November 30, 2007. (j) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF NECESSARY STRUCTURES TO HOUSE OXYGEN, SCBA AND ARSON EQUIPMENT IN City Council Minutes 1-8-08 Page 12329 THE AMOUNT OF $13,445.20. Memorandum from Interim Fire Chief Jerry • Gomez dated December 20, 2007. • Action: To authorize the purchase of necessary structures to house oxygen, SCBA and arson equipment from Alan Pre -Fab Building Corporation in the amount of $13,445.20. (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 31, 2007. (1) Claimant: Parucha, Kathleen Date of Loss: 07-21-07 Date Filed: 12-18-07 Allegation: Personal injury Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO ADOPT A RESOLUTION ADOPTING THE WEST BASIN MUNICIPAL WATER DISTRICT'S "IT'S TIME TO GET SERIOUS" CONSERVATION AND WATER USE INITIATIVE. Memorandum from City Manager Stephen Burrell dated December 20, 2007. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting, in order to acknowledge the initiative and to mention the website, www.waterwise.com, which provided conservation tips and rebates. Coming forward to address the Council at this time was: E.J. Caldwell — West Basin Municipal Water District, described sources of drinking water for Southern California and drought conditions; benefits to cities offered by the District, both businesses and residents, with rebates, retrofits, and helpful information; urged everyone to tour their site at www.westbasin.orq as well as the waterwise site; said many cities have updated their ordinances and that he would work with City Manager Burrell to discuss water conserving policies and ordinances. Action: To approve the staff recommendation to adopt Resolution No. 08- 6578, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE WEST BASIN MUNICIPAL WATER DISTRICT "IT'S TIME TO GET SERIOUS" CONSERVATION AND WATER USE INITIATIVE." Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. 0 (m) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE MOA "LARILJP" WHICH ALLOWS FOR City Council Minutes 1-8-08 Page 12330 • INFORMATION SHARING BETWEEN LAW ENFORCEMENT AGENCIES IN THE COUNTY OF LOS ANGELES THROUGH A SYSTEM KNOWN AS "COPLINK". Memorandum from Police Chief Greg Savelli. Action: To authorize the City Manager or his designee to sign the MOA "LARILJP" which allows for information sharing between law enforcement agencies in the County of Los Angeles through a system known as "COPLINK," as recommended by staff. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #63034 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 1002-1004 SEVENTH STREET. Memorandum from Community Development Director Ken Robertson dated December 31, 2007. Action: To approve the staff recommendation to adopt Resolution No. 08- 6577, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING FINAL PARCEL MAP NO. 63034, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1002 SEVENTH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." 3. CONSENT ORDINANCES - None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(1) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:30 p.m., the order of the agenda went to item 6 (c). 5. PUBLIC HEARINGS a. REVIEW OF THE CONDITIONAL USE PERMIT FOR THE RESTAURANT AT 705 PIER AVENUE, CLUB 705/THE ARDMORE, TO VERIFY CONFORMANCE WITH THE CONDITIONS OF APPROVAL, AS MODIFIED BY THE CITY COUNCIL IN MAY 2007. Memorandum from Community Development Director Ken Robertson dated December 20, 2007. Director Robertson said a request had been made by John Bowler, and confirmed by the owner of the business, to continue this item to the next meeting on January 22, 2008. • Action: To continue the public hearing to January 22, 2008. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. City Council Minutes 1-8-08 Page 12331 0 b. TEXT AMENDMENT TO ALLOW TATTOO BUSINESSES/BODY PIERCING STUDIOS IN THE C-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT, OR OTHER ZONE AS DEEMED APPROPRIATE. Memorandum from Community Development Director Ken Robertson dated December 21, 2007. Supplemental email from Nancy and Jim Lemont received January 8, 2008. • • Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to questions. Coming forward to address the Council at this time were: Rosalind Bender — Hermosa Beach, said she was a school counselor with a master's degree in psychology, said it was appropriate for residents to have a say in what kind of businesses they wanted in their community; said years ago, a tattoo parlor might have been more acceptable here but now the City was more family oriented; said if the business was allowed, a more acceptable location would be in the downtown area; Robert Moest — Attorney for Johnny Anderson, argued for allowing a tattoo parlor; noting that he would save complicated legal issues for the court room; said the image associated with tattoo parlors had changed in the last few years, and a broad section of the community found them acceptable although most South Bay cities had banned them; Anne Dawson — Hermosa Beach, spoke in opposition to allowing a tattoo parlor, said it would not help attract the types of businesses desired for the City; Alan Tomen —Hermosa Beach, agreed residents had the right to determine what types of businesses should be allowed in the City; thought a tattoo parlor would bring in the wrong element; said Hermosa was a small and easy target and the Council should just say no; George Barks — Redondo Beach, said he had been a Hermosa resident for years and served as Mayor and Councilmember; urged the Council to stand firm to deny this business which was not compatible with a family-oriented community; said if the business was allowed, it would be more appropriate to locate it in a C-2 zone; Patty Egerer — Hermosa Beach, said this type of business was inconsistent with the family-oriented community residents want; said she was not sure that the City had the resources to manage the medical issues related to tattoo parlors; said the proposed location of this business near schools and the Community Center was not acceptable; Lynn Clemons — Hermosa Beach, said tattoo parlors were normally located in artistic communities like Hollywood or Los Angeles; said most young people in Hermosa Beach did not want tattoos; Roger Bacon — Hermosa Beach Businessman, said based on land use impact, a tattoo parlor should not be allowed; said the proposed location was near Pacific Coast Highway, schools, the Community Center and the Skate Park; said this business was not compatible with the kind of community residents want; and City Council Minutes 1-8-08 Page 12332 • • Cheri Beaupre — health and safety nurse, said her profession had given her knowledge of the medical issues associated with tattoos; said the City should focus on that subject if the business was allowed; said the County regulated tattoo parlors but did not always follow through due to understaffing. Action: To sustain the Planning Commission recommendation to not allow tattoo/body piercing studios in the City. Motion Tucker, second Reviczky. The motion carried, noting the dissenting vote of Bobko. c. APPROVAL OF THE 2008-09 CDBG ALLOCATION AND APPROVAL OF EXCHANGE OF EXCESS CDBG FUNDS FOR UNRESTRICTED FUNDS. Memorandum from Community Development Director Ken Robertson dated December 20, 2007. Director Robertson presented the staff and responded to Council questions. City Manager Burrell also responded to questions. The public hearing opened at 9:35 p.m. As no one came forward to address the Council on this item, the public hearing dosed at 9:35 p.m. Action: To approve the staff recommendation to (1) Adopt Resolution No. 07-6579, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR DISCAL YEAR 2008-2009" and (2) Adopt Resolution No. 07-6580, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE CITY OF SAN FERNANDO FOR THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS." Motion Mayor Keegan, second DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. TREE PRESERVATION ON PRIVATE PROPERTY. Memorandum from Community Development Director Ken Robertson dated December 20, 2007. City Manager Burrell suggested that the item be continued to the first meeting in April. • Action: Council consensus was to continue to the first meeting in April. City Council Minutes 1-8-08 Page 12333 • • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS UNEXPIRED TERM — PUBLIC WORKS COMMISSION — SCHEDULE INTERVIEWS. Memorandum from City Clerk Elaine Doerfling dated January 2, 2008. Deputy City Clerk Drasco presented the staff report. Action: Council consensus was to schedule a meeting at 6:00 p.m. prior to the regular meeting of Tuesday, January 22, 2008 for the purpose of interviewing applicants (for the unexpired term ending October 31, 2008) with appointment to be made that evening at the regular meeting. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Ian White and Mary Stonier, on Tuesday, January 8, 2008, at the hour of 9:39 p.m. to the Adjourned Regular Meeting of Tuesday, January 22, 2008, at the hour of 6:00 p.m. for interviewing Public Works Commission applicants. o&-C1.40._o City Council Minutes Deputy City Clerk 1-8-08 Page 12334 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, January 22, 2008, at the hour of 6:06 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio Reviczky, Tucker, Mayor Keegan Absent: None The meeting was called to order in the Council Chambers (the location specified in the posted agenda) and then moved to the Conference Room. INTERVIEWS OF PUBLIC WORKS COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Shawn Darcy Sean Krajewski Kimberlee MacMullan Jeff Maxwell Tom Nyman ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 22, 2008 at the hour of 6:50 p.m. to the Regular Meeting scheduled to begin at the hour of 7:10 p.m. City Council Adjourned Minutes 01-22-08 Page 12335 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 22, 2008, at the hour of 7:10 p.m. PLEDGE OF ALLEGIANCE — Scott Gobble ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENTS — Councilmember DiVirgilio announced that a ribbon cutting ceremony would take place on the Greenbelt at Pier Avenue at 11 a.m. Saturday, February 9, for the opening of four new fitness stations on the Greenbelt at Second Street, Eighth Street, Pier Avenue and Gould Avenue, noting that the stations were funded primarily by money raised from the Centennial Handprint Wall and that gifts would be presented to all in attendance and those trying out the stations. Councilmember Tucker invited the community to take advantage of the Household Hazardous Waste and E -Waste Roundup at Clark Stadium from 9 a.m. to 3 p.m. on Saturday, January 26 Mayor Pro Tempore Reviczky said at 4 p.m. Sunday, January 27, a poetry reading would take place at the Historical Society Museum, similar to the old Insomniac readings and it was hoped that some of the players from that era would be present to read some of their original poetry. He also read a letter from Sister Anne of the Good Shepherd Shelter expressing thanks for the toys received from the generosity of those who contributed to the Beach Cities Toy Drive. Councilmember Bobko invited everyone to the Upper Pier Avenue Committee Town Hall Meeting at 10 a.m. Saturday, January 26, in the Council Chambers; said the Committee would present its recommendations after a year-long study, noting that there would be refreshments and an opportunity for public comment. He also encouraged the community to participate in a blood drive Wednesday, February 13, from 10 a.m. to 4 p.m. in the Council Chambers; said interested persons could sign up with Monica Bagnara in the Personnel Department at City Hall. PRESENTATIONS PRESENTATION OF GIFT TO CITY FROM THELMA GREENWALD Ms. Greenwald presented a check for $100,000 for renovation of the Hermosa Beach Theater at the Community Center. Mayor Keegan expressed appreciation to Ms. Greenwald and praised her for being a successful local business owner and for her participation in many civic organizations such as the Arts Foundation, Chamber of Commerce, Woman's Club, and Sister City Association. City Council Minutes 1-22-08 Page 12336 Ms. Greenwald said it was an honor to be part of the community, particularly to be named Honorary Life Director of the Arts Foundation; said she looked forward to following the progress of the theater renovations. PRESENTATION OF COASTWALK PROGRAM BY GEORGE SCHMELTZER, COASTWALK BOARD MEMBER George Schmeltzer, speaking on behalf of Coastwalk, explained that the trail is 1,200 miles, from Oregon to the Mexico border, and was made possible by a $300,000 grant from the Coastal Conservancy with more to come; requested that the Council approve the installation of three very small signs along The Strand similar to the unobtrusive marking of European hiking trails, with specific locations and the method of affixing to be determined later; said he hoped this would become part of the City's local coastal plan, said anyone can sign up to walk all or part of the California Coast Trail at www.coastalwalk.org Action: To approve installation of three (3) Coastwalk signs on The Strand. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. CLOSED SESSION REPORT FOR MEETING OF JANUARY 2, 2008: No reportable actions. PUBLIC PARTICIPATION • 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication. • a. Letter from Howard Longacre dated January 15, 2008 regarding policy with respect to communications received both before and after an agenda's posting and policy for access and review by the public of general city received communications from the public. Councilmember DiVirgilio suggested that City Attorney Jenkins provide information to the members of all commissions on how the Brown Act applies to email communications. No one came forward to address the City Council on this letter. Coming forward to address the City Council at this time were: Mario Alvarez — Hermosa Beach, asked when the tire storage at the business next to his home would be relocated, and presented photographs showing unsightly views; said the resolution approving the construction project at the site allowed only three service bays and they had nine; (City Manager Burrell said he would discuss with the business owner the possibility of covering the tires and/or storing them elsewhere, and would report back at the next Council meeting). City Council Minutes 1-22-08 Page 12337 At 7:35 p.m., the order of the agenda was suspended to hear public hearing items 5 (a), (b), and (c). 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (h) and (k) Tucker, (i) Reviczky, (m) DiVirgilio, (g) and (n) Bobko. Motion Reviczky, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on December 11, 2007; and 2) Special meeting held on January 2, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of December 11, 2007, and the Special Meeting of January 2, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 50536 THROUGH 50655 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 49564, 49912 AND 50342 AS RECOMMENDED BY THE CITY TREASURER. • Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2007 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To approve the staff recommendation to: (1) Continue the receipt of the revenue and expenditure reports to the meeting of February 12, 2008, when these reports will be submitted with the Midyear Budget Review; and (2) Receive and file the City Treasurer's Report and Investment Report. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 15, 2008. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of December 31, 2007. City Council Minutes 1-22-08 Page 12338 • (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 4, 2007. (g) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2007. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 3, 2008. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 3, 2008. Motion Bobko, second Reviczky. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE AGREEMENT FOR DISPUTE RESOLUTION SERVICES. Memorandum from Community Development Director Ken Robertson dated December 20, 2007. • This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. (i) • City Manager Burrell responded to Council questions. Action: To approve the agreement for dispute resolution services with the South Bay Center for Dispute Resolution, as recommended by staff. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ACCEPT THE DONATIONS OF $100,000 FROM THELMA GREENWALD TO BE USED FOR THE THEATRE BUILDING IMPROVEMENTS; $1,600 FROM MARYANN MCCLAUREY TO BE USED FOR A MEMORIAL BENCH FOR GARRY LEONARD MCCLAUREY; AND $1,600 FROM SONJA PUGH TO BE USED FOR A MEMORIAL BENCH FOR DENNY PUGH. Memorandum from Finance Director Viki Copeland dated January 15, 2008. This item was removed from the consent calendar by Mayor Pro Tempore Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $100,000 from Thelma Greenwald to be used for the Theatre Building Improvements; City Council Minutes 1-22-08 Page 12339 $ 1,600 from Maryann McClaurey to be used for a memorial bench for Garry Leonard McClaurey; and - $ 1,600 from Sonja Pugh to be used for a memorial bench for Denny Pugh. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. (j) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated January 16, 2008. Action: To receive and file report of Customer Service Surveys/Complaints. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 15, 2008. (I) (m) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Action: To initiate a City Council review and reconsideration of the decision of the Planning Commission to approve a variance at 201 Prospect Avenue (Item 9 in the January 15, 2008, Commission minutes). Motion Tucker, second Mayor Keegan. Further Action: To receive and file the action minutes of the Planning Commission meeting of January 15, 2008. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETINGS OF SEPTEMBER 17, 2007 DECEMBER 3, 2007. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meetings of September 17, 2007 December 3, 2007. RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2008. Memorandum from City Treasurer John Workman dated January 14, 2008. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6581, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes 1-22-08 Page 12340 HERMOSA BEACH, CALIFORNIA AKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESETMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2008." Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. (n) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT FOR TOWING SERVICES WITH VAN LINGEN TOWING TO BECOME EFFECTIVE MARCH 1, 2008 AND TO BE REVIEWED ANNUALLY WITH ALLOWANCE FOR TWO ONE-YEAR EXTENSIONS. Memorandum from Police Chief Greg SaveIli. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item was: Frank Scotto — Torrance, said he had provided the City's towing services for the past 12 years and has experience with Hermosa's special events and Monday through Friday street sweeping of Pacific Coast Highway; said if the response time had not been good, the previous Police Chief would not have continued their contract; gave details on their trucks, number of employees and calls per month; said they have leading edge technology which allows them to maintain accurate records of their response time and stay in touch with trucks from the time the call comes in until they arrive at the scene; urged the Council to renew their contract; and Robert Van Lingen — Torrance, said his rates were no higher than the current towing service, and the Police Chief had said that service was more important than cost in any case; said their response time in Manhattan Beach since taking over that city's contract has been eight minutes; said they had been in business for 60 years, for three generations. Action: To authorize the City Manager or his designee to execute a contract for towing services with Scotto Towing to become effective March 1, 2008, and to be reviewed annually with allowance for two one-year extensions, and to add to the contract a requirement for monthly reporting of response times. Motion Tucker, second Mayor Keegan. The motion carried, noting the dissenting vote of Reviczky. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(g), (h), (i), (k), (m) and (n) were heard at this time but are shown in order for clarity. City Council Minutes 1-22-08 Page 12341 • • • Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW OF THE CONDITIONAL USE PERMIT FOR THE RESTAURANT AT 705 PIER AVENUE, CLUB 705/THE ARDMORE, TO VERIFY THEIR CONFORMANCE WITH THE CONDITIONS OF APPROVAL, AS MODIFIED BY THE CITY COUNCIL IN MAY 2007. (Continued from meeting of January 8, 2008) Memorandum from Community Development Director Ken Robertson dated December 20, 2007. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item was: John Bowler — Hermosa Beach, representing Club 705, said the owners were appreciative of the opportunity to prove they are business operators who do not cause problems; described a Halloween incident involving a party bus during which the bus driver was cited by police for parking at the curb with loud music blaring and was told the Club no longer welcomed party buses; asked the Council to reconsider the restriction imposed six months ago prohibit a cover charge except on Thursday through Saturday to exclude holidays that fall on other weekdays. The public hearing closed at 7:43 p.m. In response to Council questions, City Attorney Jenkins said the applicant would need to apply for a conditional use permit (CUP) amendment for modification of any conditions, which would be considered at a noticed public hearing at either the Planning Commission or City Council level. Action: To (1) receive and file the report, (2) refer the Club's request to allow a holiday admission charge to the Planning Commission for public hearing (if the applicant applies for a CUP amendment requesting the modification), (3) direct staff to continue monitoring the operation of the business, and (4) have the restaurant reviewed in 2009 as part of the Planning Commission's annual review of restaurants. Motion Tucker, second Mayor Keegan. The motion carried by a unanimous vote. b. CONSIDERATION FOR APPROVAL OF 2008 COMMERCIAL SPECIAL EVENTS, INCLUDING THOSE SHOWN BELOW. Memorandum from Community Resources Director Lisa Lynn dated January 8, 2008. 2008 COMMERCIAL EVENTS DATE City Council Minutes 1-22-08 Page 12342 • Triple Crown Showdown Surf Contest Hermosa Beach 5000 Hermosa Beach EVP Tour Volleyball Tournament Beach Tennis U.S.A. Hermosa Beach Triathlon (MESP) April 5 April 20 June 14 June 28-29 October 12 2008 NON PROFIT EVENTS DATE Beach Boom Boomerang Tournament March 22 Endless Summer Classic Car Show May 3 Hermosa Beach Art Walk June 21 AAU Jr. National Beach Volleyball Championship Jul 11-13,Aug 17 SCFC Smackfest Coed Volleyball Tournament July 26 Hermosa Shorts on the Beach August 10 F.O.P. Movie in the Park August 23 Community Resources Director Lynn presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:50 p.m. Coming forward to address the Council on this item were: David Freedman — Endless Classic Car Show, noted that this was their ninth year; said the event was a free car show with 44 cars on Pier Plaza and had no registration fees or fees of any kind; Alex Querna and Jim Lorenzo — Beach Tennis U.S.A., explained the game of beach tennis and the categories of players; said the stage would be smaller than originally planned and they would have clinics for local residents; said they were privately funded and hoped to make this an annual event; Morri Mohr — Beach Boom Boomerang Tournament, passed around several boomerangs of different shapes; said they had set up safety zones and their boomerangs were also "range specific" so they knew how far they would go, which also contributed to safety; said their events attract the best throwers in the world but anyone can participate; said they also have a sponsor for funding; Gino Graieda — AAU Jr. National Beach Volleyball Championship, said they would have young athletes from all over the country but most are local from the South Bay; said they planned to have the same layout as in the past; Sam Perrotti — Hermosa Beach, Treasurer of the Hermosa Beach Art Walk, said there would be a different format this year and a new location on the Community Center lawn due to construction on the South side of Upper Pier Avenue resulting in a loss of about 20 spaces; said they could not set up the Friday before because of another event at the Community Center; said they planned to have three bands but wondered if they could get a rebate on their check if they can afford only one or two (City Manager Burrell said yes and that he would work City Council Minutes 1-22-08 Page 12343 with them to see if they could set up late Friday night or early Saturday morning); and Tom Kearney — founder of Hermosa Shorts, said this would be their fifth year and the event would be the same as last year, except that they now officially qualified as a non-profit; said people attend this event from all over the world. The public hearing closed at 8:19 p.m. Action: To approve the special events listed above and waive permit fees, excluding direct costs to the City, for non-profit groups, as recommended by staff. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. The Council then directed staff to schedule a discussion about fee waivers during the Council's goal session. c. APPEAL OF A DENIAL BY THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT OF A PERMIT TO KEEP MORE THAN TWO DOGS AT 1218 ELEVENTH STREET. Memorandum from Police Chief Greg Savelli. Police Chief Greg Savelli presented the staff report and responded to Council questions. Community Services Field Supervisory Kerry Rosell also responded to Council questions. The public hearing opened at 8:26 p.m. Coming forward to address the Council on this item were: Don Stidham — Hermosa Beach, 40 -year homeowner where the dogs live, said he follows the L.A. Health Department rules, picking up waste every day and bagging it for weekly trash pickup, and could not smell the odor that a neighbor complained about; said they force -cleaned and painted the fence and put down wood chips to counteract the urine accumulation that had settled into the bottom of the fence; said they bred one of their dogs and for a while there were six puppies but they kept only one, which will replace their oldest dog who is nearing the life expectancy of 10 years, making their request for three dogs only temporary; said their dogs rarely bark but get blamed for the barking of many dogs in the neighborhood; said after he and his wife moved to Hermosa Beach, they adopted their daughter Candace, who developed leukemia at age 4, has never been able to work and loves to train these water lifesaving dogs, and who is distraught and hopes they will be allowed to keep the three dogs until the oldest one dies; Alexis Cron — Torrance, said Candace is her godmother and she spends a lot of time at the house; said the dogs are like Candace's children, who bark only when hungry, and that the family is doing everything they can to eliminate the odors, which she did not feel was overpowering; said City Council Minutes 1-22-08 Page 12344 • there were drug addicts and loud parties in the neighborhood but the dogs were not hurting anyone; asked that they be allowed to keep the three dogs until the oldest one dies; Gordon Ross — Hermosa Beach, said in 2005 he purchased the property downhill from where the dogs live, but the home has never been occupied because it can't be lived in, rented or sold and he was paying $3,000 per month for a worthless piece of property; spoke of a strong odor of dog urine running from the adjacent property, noting that the dog owners recently made an effort to steam clean, but the smell was better for only about a month; said the neighbors on the other side told him that no one will visit them and they can't sit in their yard; said he understood that the City was concerned only with the number of dogs but something had to be done to clean up this mess; Sharon Cron — said Candace is her daughter's godmother, and she spends three days a week at the house, and also house sits and cleans up after the dogs when the owners are out of town; said Mr. Stidham cleans every day and she has seen no urine running from the yard; spoke of neighbors who have pool parties and drink and swear, said Candace needs these friendly loving dogs who rarely bark and she did not want to see Candace lose any of them; Mike Naylor — Hermosa Beach, said he is the neighbor to the east who has pool parties with drinking and swearing; said he loves dogs and his neighbors are good people; said the problem was the smell, not the number of dogs; said he knew they were trying harder to control the odor, and some days there was no smell at all, but maybe it needs to be cleaned more often; said he had offered to walk the dogs, thinking that might help the situation since he had never seen the owners walk them, and that a couple of times he took Candace to Lake Castaic, where she trains the dogs in water safety; said there was a lot of barking when the puppies were there; Bellur DevaraE — said he was the real estate listing agent for the house to the west, which has been on the market off and on for a year with three perspective buyers saying they would not make an offer because of the smell; said the dog owners were nice people and the issue was the smell, not the number of dogs; Candace Stidham — Hermosa Beach, owner of the dogs, said she was on disability from having leukemia when she was a child and these dogs were her life; said she trains them in obedience, cart pulling and water lifesaving; said the dogs are the only thing she has, and she could not believe the things people were saying; said breeding these dogs was difficult and expensive and they were not planning to breed any of them again. The public hearing closed at 8:55 p.m. Proposed Action: To allow three dogs on the property only until the oldest dog (who is near the end of her expected 10 -year life span) passes away, to require prevention of urine flowing to the west, to prohibit breeding, and to City Council Minutes 1-22-08 Page 12345 • require the cleanup of waste twice a day and more often in the summer, with direction to staff for monitoring by the Community Services Division of the Police Department and revisiting the subject in six months. Motion Tucker, second Reviczky. This motion was replaced by the following substitute motion. Action: To continue the public hearing for one month, to the Council meeting of February 26, with direction to staff for a consultation with a veterinarian for an effective means of abating odor and to require means to decrease barking and eliminate the runoff of urine onto adjacent properties. Motion Mayor Keegan, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:12 p.m. The meeting reconvened at 9:26 p.m. 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. APPOINTMENT TO PUBLIC WORKS COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated January 26, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To appoint Kimberlee MacMullan to fill the unexpired term ending October 31, 2008, on the Public Works Commission. Motion DiVirgilio, second Bobko. The motion carried. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, January 22, 2008, at the hour of 10:14 p.m. to the Regular Meeting of Tuesday, February 12, 2008. City Council Minutes Deputy City Clerk 1-22-08 Page 12346 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 12, 2008, at the hour of 7:12 p.m. • PLEDGE OF ALLEGIANCE — Jeff Ducios ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker Absent: Mayor Keegan ANNOUNCEMENTS — Councilmember DiVirgilio thanked the over 100 attendees at the ribbon cutting ceremony for the four fitness stations on the Greenbelt; said there were drawings for prizes such as bikes, sneakers, skateboards and wetsuits. Councilmember Tucker said he and other City officials met with the FAA and banner airplane operators, with demonstrations of flying at altitudes of 1000, 500 and 300 feet, which made it obvious that they often flew lower than 300 feet. He said another meeting was scheduled for February 28 and a code of ethics was being written, offering hope for a solution within a month or two, without the City having to pass an ordinance. He wished his wife a Happy Valentine's Day. Councilmember Bobko reminded the community about the blood drive tomorrow, February 13, in the Council Chambers and said walk-ins were welcome. Mayor Pro Tempore Reviczky thanked the Public Works staff and Rick Koenig for the installation of the fitness equipment, which he said was a nice addition for the community. He wished his wife a Happy Valentines' Day. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the City Council at this time were: Jim Lissner — Hermosa Beach, asked the Council to protest, by tomorrow's deadline, the transfer of the ABC liquor license for 39 Pier Avenue to new owner Ron Newman, on the basis that the new business will aggravate or create an enforcement problem and the need for more restrictions on a liquor license that was issued in 1997; said the City could ask the ABC for a 20 -day extension, but that would also require Council action this evening; asked that notice of future liquor license transfers be placed on Council meeting agendas; Marianne Wibberley — Hermosa Beach, said she had to leave the meeting early but wanted to comment on items 9(a) and (b), stating that she was happy these two Councilmembers were making good on their campaign promises to try to make some positive changes in the downtown; and City Council Minutes 2-12-08 Page 12347 • Ron Newman — Hermosa Beach business owner, said he was just going into partnership with the current owner; said Mr. Lissner was suggesting that no business could ever be sold without the placement of new City restrictions, but he knew of no city that would interfere with existing conditions unless there were problems with the business. City Attorney Jenkins and Police Chief Savelli both responded to Council questions regarding Mr. Lissner's comments about the ABC license transfer. At this time, City Manager Burrell requested that the City Council add a closed session after the regular meeting. City Attorney Jenkins explained that a required mediation for the Anderson tattoo case was scheduled to take place prior to the next Council meeting and that Council authorization was required for the City to participate, adding that the City had no knowledge of the mediation until after the agenda was posted. Action: To add a closed session after this evening's regular meeting for discussion of the Anderson pending litigation case, pursuant to Government Code 54956.9(a), based on the findings that the matter required immediate action and was brought to the City's attention after the agenda was posted. Motion Tucker, second Bobko. The motion carried, noting the absence of Mayor Keegan. 1 2. CONSENT CALENDAR: • Action: To approve the consent calendar recommendations (a) through (m), with the exception of item 2(1), which was moved to the Municipal Matters section of the agenda as item 6(c) at the request of the City Manager, and the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(h) Bobko. Motion DiVirgilio, second Tucker. The motion carried, noting the absence of Mayor Keegan. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on January 8, 2008; and 2) Adjourned Regular meeting held on January 22, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of January 8, 2008, and the Adjourned Regular meeting of January 22, 2008. (Mayor Keegan absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 50656 THROUGH 50870. Action: To ratify the check register as presented. (Mayor Keegan absent) City Council Minutes 2-12-08 Page 12348 • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. (Mayor Keegan absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2007 REVENUE AND EXPENDITURE REPORTS. Action: To receive and file the December 2007 Revenue and Expenditure Reports. (Mayor Keegan absent) (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 12, 2008. (f) (g) Claimant: Hegney, Svitlana Date of Loss: 07-08-07 Date Filed: 01-07-08 Allegation: Personal Injury Claimant: Anderson, Colin Date of Loss: 08-14-07 Date Filed: 12-31-07 Allegation: Personal Injury Action: To deny the above claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (Mayor Keegan absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 16, 2008. Action: To receive and file the action minutes of the Public Works Commission meeting of January 16, 2008. (Mayor Keegan absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING JANUARY 17, 2008. Action: To receive and file the action minutes of the Upper Pier Avenue Committee meeting January 17, 2008. (Mayor Keegan absent) (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING JANUARY 26, 2008. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting, in order to announce that the City Council Minutes 2-12-08 Page 12349 • • (i) Committee's recommendations would be presented at the March 25 Council meeting, that videos of most of the previous meetings could be viewed on the City's website, and that questions could be sent to him by email. Action: To receive and file the action minutes of the Upper Pier Avenue Committee meeting January 26, 2008. Motion Bobko, second Tucker. The motion carried, noting the absence of Mayor Keegan. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 7, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 7, 2008. (Mayor Keegan absent) (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 14, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 14, 2008. (Mayor Keegan absent) (k) RECOMMENDATION TO ACCEPT THE WORK BY SEQUEL CONTRACTORS, INC. FOR PROJECT NO. CIP 04-117 MANHATTAN AVENUE STREET IMPROVEMENTS, PROJECT NO. CIP 05-109 CONCRETE ROAD RECONSTRUCTION AT VARIOUS LOCATIONS, PROJECT NO. CIP 05-120 STREET IMPROVEMENTS AT VARIOUS LOCATIONS AND PROJECT NO. 02-106 BEACH DRIVE UNDERGROUNDING STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE FUNDS CURRENTLY BEING HELD IN ESCROW FOR SEQUEL CONTRACTORS, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated January 31, 2008. Action: To approve the staff recommendation to: (1) Accept the work by Sequel Contractors Inc. for Project No. CIP 04-117 Manhattan Avenue Street Improvements, Project No. CIP 05-109 Concrete Road Reconstruction at Various Locations, Project No. CIP 05-120 Street Improvements at Various Locations and Project No. 02- 106 Beach Drive Undergrounding Street Improvements; (2) Authorize the Mayor to sign the notice of completion; and City Council Minutes 2-12-08 Page 12350 • (1) (m) (3) Authorize Staff to release funds currently being held in escrow for Sequel Contractors, Inc. (10% retained for 35 days following filing of Notice of Completion). (Mayor Keegan absent) RECOMMENDATION TO AWARD LANDSCAPE MAINTENANCE CONTRACT TO TRUGREEN LANDCARE OF GARDENA, CALIFORNIA, IN THE AMOUNT OF $808,600 FOR THE PERIOD BEGINNING FEBRUARY 1, 2008 AND ENDING JUNE 30, 2010; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Richard Morgan dated February 5, 2008. Supplemental information from Director Morgan received February 12, 2008. Action: To move this item to municipal matters to become item 6(c). Motion Tucker, second Bobko. The motion carried, noting the absence of Mayor Keegan. RECOMMENDATION TO TAKE FORMAL ACTION TO DISBAND THE TEMPORARY CABLE TELEVISION ADVISORY COMMISSION AND TO THANK THE COMMUNITY MEMBERS WHO SERVED FOR THEIR TIME AND PARTICIPATION. Action: To take formal action to disband the temporary Cable Television Advisory Commission and thank the community members who served for their time and participation, as recommended. (Mayor Keegan absent) 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. MIDYEAR BUDGET REVIEW 2007-08. Memorandum from Finance Director Viki Copeland dated February 7, 2008. Finance Director Copeland presented the staff report and responded to Council questions. City Council Minutes 2-12-08 Page 12351 • Action: To approve the staff recommendation to: (1) Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Revenue Worksheet and Budget Summary; (2) Approve personnel changes as discussed under "Personnel Changes"; and (3) Approve the recommendations discussed under "Recommendations on Policies/Goals." Motion Tucker, second DiVirgilio. The motion carried, noting the absence of Mayor Keegan. b. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from City Manager Stephen Burrell dated January 30, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive the report submitted by the County Librarian and direct the use of the excess revenues over the cost of services be placed in the special trust fund, and to work with the Friends of the Library on improvements to the library, possibly including "green" energy efficient elements. Motion Tucker, second Bobko. The motion carried, noting the absence of Mayor Keegan. c. RECOMMENDATION TO AWARD LANDSCAPE MAINTENANCE CONTRACT TO TRUGREEN LANDCARE OF GARDENA, CALIFORNIA, IN THE AMOUNT OF $808,600 FOR THE PERIOD BEGINNING FEBRUARY 1, 2008 AND ENDING JUNE 30, 2010; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Richard Morgan dated February 5, 2008. Supplemental information from Director Morgan received February 12, 2008. Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To continue the item to the next Council meeting of February 26, with direction to staff to provide a schedule and an area -by -area breakdown of tasks and costs, focusing particularly on the Greenbelt. Motion Tucker, second DiVirgilio. The motion carried, noting the absence of Mayor Keegan. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None City Council Minutes 2-12-08 Page 12352 • 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. ORAL REPORT REGARDING COUNCILMEMBER ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION WINTER SEMINAR, FEBRUARY 8- 10. 2008. Councilmember Tucker gave a summary of sessions he attended at the seminar, including the topics of (1) new law enforcement procedures, with the development of cyber command posts and the distribution of information from crime scenes to emergency operation centers, allowing experts to assist from all over the world, (2) unmanned air vehicle reconnaissance program, (3) the use of tazers, and (4) the 2007 California firestorms which required the evacuation of 340,000 people with no deaths or injuries, the use of mutual aid, and the importance of allowing media access and reverse 911 messages for communication to the public. 9. OTHER MATTERS - CITY COUNCIL - None a. Request from Councilmember Tucker that the City Council direct staff to develop an amendment to the Noise Ordinance to address noise coming from taverns and restaurants outside of the Pier Plaza area. The purpose of the amendment is to provide tighter standards in and around these businesses as well as making it easier to enforce. Councilmember Tucker spoke to his request. In response to Council questions, Chief Savelli said he thought the bigger problem was ambient noise from patrons coming and going rather than noise coming directly from inside businesses. City Attorney Jenkins agreed with the Chief about ambient noise, said the current noise ordinance was already very strict and residents should not be able to hear any sustainable noise from the establishment, and suggested that during conditional use permit reviews, conditions requiring the hiring of private security be added if establishments are creating problems. Coming forward to address the Council on this item were: Carolyn Petty — Hermosa Beach, said she liked to sit outside the bakery on the Plaza some afternoons and noticed that music from Dragon was very loud during that time of the day, while music from the band at the Lighthouse could not be heard in other areas of the Plaza; Jeff Duclos — Hermosa Beach, agreed that noise outside establishments was a problem and asked specifically if loud people lining up to get inside were breaking a law since they were on a public sidewalk; and Jim Lissner — Hermosa Beach, said until there is a way to enforce noise laws, further discussion is a waste of time, noting the difficulty of City Council Minutes 2-12-08 Page 12353 • • • defining noise let alone to what degree it becomes a problem; asked what happened about the Special Plan Area (SPA) that was proposed by the Council in March 2007 (City Manager Burrell said the SPA issue was last discussed at a Council meeting in January 2008, at which time Council suggestions were made, and the issue would come back for further Council discussion at the next meeting). Action: Councilmember Tucker withdrew his request, pending further discussion of all restaurant and bar conditional use permits at the Planning Commission meeting of February 19, 2008. b. Request from Councilman DiVirgilio to direct staff to return with an agenda item to review the City's approach to enforcement during weekend evenings in the neighborhoods and areas surrounding nighttime establishments. Councilmember DiVirgilio spoke to his request regarding the enforcement of violations in neighborhoods related to bars and restaurants and mentioned five areas to be considered: (1) jaywalking, (2) littering/open liquor container, (3) disturbing the peace, (4) public drunkenness and (5) public urination. He suggested Hermosa Beach try its own version of New York Mayor Giuliani's "Broken Windows Policy," for example, specifically citing immediately, rather than warning, a person who is urinating in public, hoping that word would spread that the City was enforcing the law. Coming forward to address the City Council at this time were: Scott McMurray — Hermosa Beach, said he was block captain in his neighborhood, and noise, trash and public urination were ongoing problems, along with vandalism to parked cars; said 90 percent of the problems occur between midnight and 3 a.m. and suggested policing the residential neighborhoods near bars around closing time; said he would be willing to participate in an effort to work with the bars to resolve the problems; Jeff Duclos — Hermosa Beach, said graffiti was another illegal activity difficult to enforce, citing the recent tagging of the retail store p.i.n.k.; asked if a restoration fund could be established, maybe matching money with the Chamber of Commerce, to help businesses that are victimized like this; suggested that additional public rest rooms might help with the public urination problem; asked what responsibilities the bars had for their patrons once they left; Dave Rodriguez - Hermosa Beach, said he lived near the pier for ten years and things have worsened in the last five years; said he had someone urinate on his house while he was having a barbeque and he had to call the police to remove someone who was sleeping in his yard and refused to leave, noting that his neighbors have had similar problems; said traffic patterns of people walking back to their cars from the bars should be analyzed and Police patrols, maybe even foot patrols, City Council Minutes 2-12-08 Page 12354 • • should be in those areas; said Manhattan Beach had similar problems but seemed to have found a way to improve conditions; Carolyn Petty — Hermosa Beach, shared similar experiences such as people displaying the effects of drugs in front of her children while the family was on the pier during the day having ice cream and having someone urinate in her neighbor's yard at 10 a.m., said whatever Manhattan Beach did to make those people feel unwelcome should be done in Hermosa also; Sandy Seaman — Hermosa Beach, said he lived across the street from a bar and could furnish video taped evidence of drunken people screaming obscenities as they walked down the street, public urination and fights with large number of people; said no one is ever ticketed, arrested or taken to jail; said if the laws were enforced, people would get the message; and Jim Lissner — Hermosa Beach, said it was expensive for the City to make arrests and prosecute; suggested the bars not serve customers who were already drunk to decrease the number of drunk people walking the streets; did not approve of using the "Broken Windows Policy" approach to focus on minor issues. Council consensus was to direct staff to look into the issues raised this evening and report back for Council consideration at a future meeting on the issues of exactly which activities are illegal as well as what the City can do in the way of enforcement. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 12, 2008, at the hour of 9:19 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 9:20 p.m. At the hour of 9:40 p.m., the Closed Session adjourned to the Regular • Meeting. City Council Minutes 2-12-08 Page 12355 • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 12, 2008, at the hour of 9:41 p.m. to the Regular Meeting of Tuesday, February 26, 2008. �O> City Clerk • • City Council Minutes kg&rlACi) Deputy City Clerk 2-12-08 Page 12356 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 26, 2008, at the hour of 7:12 p.m. PLEDGE OF ALLEGIANCE — Jerry Olguin ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENTS Councilmember Tucker said he learned at a Sanitation District meeting that fees for sewer usage and developer hookups would increase incrementally to 2010 and that a future hearing would take place to discuss the increases; announced a Hermosa Beach Woman's Club fundraiser — "Adrienne's Search for Children Cancer Cure" — at 6 p.m. Saturday, March 8, at the Kiwanis Club, with $30 tickets and all proceeds going to Ronald McDonald House; asked that the meeting be adjourned in memory of his neighbor Olga Anna Noor, mother of Duke Noor and Amie Beisel. Councilmember Bobko announced the Hermosa Beach Education Foundation's "Hearts of Hermosa" fundraiser at 6:30 p.m. Friday, March 7, at Sangria and urged everyone to make reservations early because, as one of the best parties in town for a very good cause, the $125 tickets sell out fast. Mayor Keegan asked that tonight's meeting also be adjourned in memory of Garrett Ogushi, a 23 -year old physical therapist who worked in Hermosa Beach and had provided physical therapy for the Mayor after his surgery. City Attorney Jenkins asked the Council to add an existing litigation item with Macpherson Oil to the closed session, noting that the issue arose after the posting of the agenda. Action: To add the existing litigation case with Macpherson Oil to this evening's closed session agenda based on the findings that the matter required immediate action and came to the City's attention after the posting of the agenda. Motion Mayor Keegan, second Tucker. The motion carried by a unanimous vote. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the City Council at this time were: Jim Lissner — Hermosa Beach, commented on the description of the closed session items on the posted agenda, asking that more information be City Council Minutes 2-26-08 Page 12357 • • provided for anticipated litigation. rather than just the number of cases; submitted related information; Alan Toman — Hermosa Beach, cited three construction sites on 16th Street with no cones or safety signs but lots of noise and, since they are not properly watered down, a lot of dust; said his wooden fence was crooked now because of all the dirt piled up against it; asked the City to monitor the work by the company involved to ensure compliance; Rosalind Bender — Hermosa Beach, expressed concern about the amount of dust from the 16th Street construction sites, citing trips to her allergist and urgent care due to its affect on her allergies and asthma; said 16th Street traffic and parking issues had been discussed at Public Works Commission and City Council meetings for the last year and a half with no resolution; said she spoke to the contractors about illegally parked construction vehicles on both sides of the street, and also to the Public Works Department about safety, speeding and parking issues, noting that issued warnings by the City did not seem to help; and Patty Egerer — Hermosa Beach, thanked Councilmember Tucker for honoring the memory of Olga, a dear member of the community who connected with so many families; requested a traffic plan to reduce uphill traffic from the highway onto 15th Place, a narrow, short street which can handle traffic in only one direction, noting that the traffic had increased because of the construction on 16th Street. In response to Mr. Lissner's comments about closed session items, City Attorney Jenkins said the City shares his concern about strict compliance with the Brown Act, and explained the difference between anticipated litigation and initiation of litigation. Responding to 16th Street construction comments, Councilmember Tucker said the City could not limit the number of construction sites on a particular street, but enforcement was vital, with staff checking more often than just for scheduled inspections to ensure compliance; said the sites should have been watered for dust control and construction workers should not park illegally, adding that the Police could shut down a site for non-compliance. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Reviczky. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 22, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of • January 22, 2008. City Council Minutes 2-26-08 Page 12358 • o • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 50871 THROUGH 51017 AND TO APPROVE CANCELLATION OF CHECK NO. 50825 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the January 2008 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE UPPER PIER AVENUE COMMITTEE MEETING FEBRUARY 6, 2008. (f) (g) Action: To receive and file the action minutes of the Upper Pier Avenue Committee meeting February 6, 2008. RECOMMENDATION TO ACCEPT DONATIONS OF $2,500 FROM HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE SAINT PATRICK'S DAY PARADE EVENT AND $3,000 FROM THE SOUTH BAY SAINT PATRICK'S DAY WEEKEND COMMITTEE, INC. TO BE USED FOR THE SAINT PATRICK'S DAY PARADE EVENT. Memorandum from Finance Director Viki Copeland dated February 14, 2008. This item was removed from the consent calendar by Mayor Pro Tempore Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $2,500 from the Hermosa Beach Chamber of Commerce to be used for the Saint Patrick's Day Parade event; and, $3,000 from the South Bay Saint Patrick's Day Weekend Committee, Inc. to be used for the Saint Patrick's Day Parade Event. Motion Reviczky, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 20, 2008. City Council Minutes 2-26-08 Page 12359 Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of January 31, 2008. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 2008. (i) Action: To receive and file the action minutes of the Planning Commission meeting of February 19, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF FEBRUARY 4, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of February 4, 2008. (j) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR SENIOR PLANNER. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 21, 2008. Action: To approve the class specification for Senior Planner. At 7:35 p.m., the order of the agenda was suspended to go to public hearing item 5 • (a), (b), and (c). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(f) was heard at this time but is shown in order for clarity. • Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. APPEAL OF A DENIAL BY THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT OF A PERMIT TO KEEP MORE THAN TWO DOGS AT 1218 ELEVENTH STREET. Continued from meeting of January 22, 2008. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 7:38 p.m. Coming forward to address the Council on this item were: City Council Minutes 2-26-08 Page 12360 Donald Stidham — owner of the property where the dogs live, asked to be allowed to keep three dogs until oldest one passes; said as requested at the last meeting, they have picked up waste twice a day instead of once, are using a strong spray and bathing the dogs regularly, and put a bark collar on only the puppy, as it would be dangerous for the older dogs and Newfoundlands did not bark a lot anyway; said they agree to bi-monthly inspections and requested that they be allowed to bathe the dogs themselves rather than pay $40 per dog each professional bath; Cathy Smith — Manhattan Beach, a former Hermosa Beach resident who had been to the Stidham's house only one time; distributed aerial photos to the Council showing the proximity to the neighbors with the pool and to houses with other dogs; said Newfoundlands are not barkers unless a stranger comes into the yard, and a bark collar would be cruel; urged the Council to allow the owners to bathe the dogs themselves; Candace Stidham — owner of the dogs, said right after the last meeting, she located an area that smells behind their property and only four feet from the neighbors who are complaining about the odor; said a large Burmese Mountain Dog lives on this adjacent property and the owners had not cleaned up for a week; said her dog run is on the opposite side of the yard; agreed that Newfoundlands do not bark; Gordon Ross — Hermosa Beach, said he has been paying on property he owns down the hill that cannot be occupied or sold; said he dropped the price and then received pressure from realtors who say that action is driving down the value of other neighborhood homes; said when the neighbors wash down their yard, the water runs onto his property along with the dog urine; urged the Council to find a way to divert the dogs' waste to decrease the odor. The public hearing closed at 7:49 p.m. Action: To grant a temporary pet permit with the following conditions: (1) The dogs shall be required to wear "citrus" anti -barking collars outside; (2) Each dog shall be professionally bathed/groomed once a month with documentation; (3) The owners shall acquire and maintain an automatic closing container to hold feces, the feces shall be picked up twice a day and the waste in the container shall be removed weekly; (4) The owners shall use a product recommended by veterinarians called "Eliminator" (or its equivalent) to treat the areas used most commonly by the dogs for urination; (5) The owners shall allow the Hermosa Beach Police Department Animal Control personnel to inspect the property bi-monthly to ensure compliance; (6) The permit shall be issued for the three current dogs by name, with a six-month review by Council, the owners shall sign an agreement to comply with all conditions and non-compliance will result in immediate revocation of the permit. Motion Reviczky, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. City Council Minutes 2-26-08 Page 12361 b. RECONSIDERATION OF THE PLANNING COMMISSION APPROVAL OF • A VARIANCE TO CONSTRUCT A 3 -CAR GARAGE WITH A 4 -FOOT SETBACK RATHER THAN THE REQUIRED 17 FEET ON A "REVERSE" CORNER LOT LOCATED AT 201 PROSPECT AVENUE. Memorandum from Community Development Director Ken Robertson dated February 20, 2008. • Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:24 p.m. Coming forward to address the Council on this item were: William Blechen — property owner, submitted a letter with attachments explaining the project and letters from their neighbors; said he and his wife had talked to some of the neighbors who were confused by the four -foot setback; said they thought about bringing the building toward Prospect but it would be too dangerous to back out onto that street; said they wanted to retain the charm of their 1928 home frontage, with their expansion in the rear; said they needed a garage large enough for their vehicles as well as storage; did not feel the garage size was a negative impact and said the variance would provide for access, parking, and storage which would improve the neighborhood; Jerry Olguin — Hermosa Beach, neighborhood resident and builder/developer, discussed what he thought was a better solution than the variance the Planning Commission approved; said adjustments could be made to the plan that would be only one foot short of what the property owner is requesting and would provide adequate on-site parking, noting it would still require a variance but would be a better project all around; Steve Crecy — Hermosa Beach, a resident of this neighborhood, said he was not opposed to the remodeling but thought it was important to provide adequate parking, noting a bigger need due to the increased size of the home; said the project did not meet the required findings and favored Mr. Olguin's suggestion; and George Barks — Redondo Beach, former Hermosa Beach resident, said he grew up in this neighborhood and believed these property owners were trying to improve the area; said when he was on the City Council, he spearheaded the additional setback to get cars off the sidewalks, and he encouraged rollup garage doors to allow more space for parking; thought Mr. Olguin's proposal made sense; said it was important to look at all the options. The public hearing closed at 8:43 p.m. Action: To deny the variance and direct staff to bring back for adoption at the • next Council meeting a resolution overturning the Planning Commission's City Council Minutes 2-26-08 Page 12362 • • • decision to grant the variance, and to remand the project back to the Planning Commission. Motion Tucker, second Mayor Keegan. The motion carried by a unanimous vote. The meeting recessed at 8:52 p.m. The meeting reconvened at 9:04 p.m. c. TEXT AMENDMENT TO THE MUNICIPAL CODE REGARDING ADULT BUSINESSES. Memorandum from Community Development Director Ken Robertson dated February 20, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:14 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:14 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1291, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE REGARDING ADULT BUSINESS REGULATIONS," as amended to add 'or portion thereof' to the definition of Adult business in Section 1 of the Ordinance to read "Adult business means any business, or portion thereof, which " Motion Reviczky, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. AWARD LANDSCAPE MAINTENANCE CONTRACT. Continued from meeting of February 12, 2008. Memorandum from Public Works Director Richard Morgan dated February 19, 2008. Public Works Director Rick Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the following three staff recommendations to: (1) Award the landscape maintenance contract to Trugreen Landcare of Gardena, California, in the amount of $706,000 for the period beginning March 1, 2008, and ending June 30, 2010 (28 months); (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make minor changes as necessary within the budget. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. City Council Minutes 2-26-08 Page 12363 • • • b. DOWNTOWN PLAN. Continued from meeting of December 11, 2007. Memorandum from Community Development Director Ken Robertson dated February 20, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the City Council at this time was: Jim Lissner — Hermosa Beach, suggested that the consultant undertake the preparation of a downtown balance sheet, noting that the current one produced by the City Manager and Finance Department indicates four times the revenue for money spent, while his analysis showed the opposite; favored an analysis of data by an independent party; also said diesel generators should not be used for events. Action: To direct the Planning Commission to work with staff to prepare a request for proposal for a facilitator to carry out a program of community outreach and to assist in creating a vision for the future of the downtown. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Burrell spoke of upcoming changes in the agenda pertaining to how items appearing under Other Matters — City Council are to be handled. City Attorney Jenkins said the changes would appear on the next agenda. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on November 27, 2007; b. Closed Session meeting held on December 11, 2007; and c. Closed Session meeting held on January 2, 2008. 2. 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 City Council Minutes 2-26-08 Page 12364 • • b. Anticipated Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 c. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 26, 2008, at the hour of 9:49 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 9:50 p.m. At the hour of 10:55 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — By a unanimous vote, Council decided to file a write seeking immediate review in the court of appeal of the trial court's summary judgment ruling in the Macpherson Oil case. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Olga Anna Noor and Garrett Ogushi on Tuesday, February 26, 2008, at the hour of 10:56 p.m. to the Regular Meeting of Tuesday, March 11, 2008. Cz� Deputy City Clerk City Council Minutes 2-26-08 Page 12365 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 11, 2008, at the hour of 7:11 p.m. PLEDGE OF ALLEGIANCE — George Barks ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENTS — Councilmember Tucker announced that the City met with the FAA and the airplane banner group and believed there would be an agreement and code of conduct soon; also wished good luck to St. Rock, the Union Cattle Company owners' new restaurant located in the space vacated by the Pitcher House. Mayor Pro Tempore Reviczky invited the community to the annual St. Patrick's Day Parade on Saturday, March 15 at 11 a.m., noting that there would be music and Irish dancing afterward on Pier Plaza. Councilmember Bobko reminded everyone that the Upper Pier Avenue Committee would have its final meeting Monday, March 17, to fine tune the recommendations that will be presented to the City Council at the March 25 meeting. • Mayor Keegan thanked the Hermosa Beach Little League for the honor of throwing the first pitch of the season, noting it was a great day and 435 children participated. • PROCLAMATIONS / PRESENTATIONS US/MEXICO SISTER CITIES ASSOCIATION YOUTH SCHOLARSHIP AWARD PRESENTED BY GEORGE BARKS, SO. BAY CITIES REPRESENTATIVE, TO HERMOSA RESIDENT NICOLE BURKE. George Barks, board member for the United States/Mexico Sister Cities Association of which Hermosa Beach is a member; mentioned that the Association had an annual convention in January and an annual barbeque fundraiser in April as well as a scholarship program; introduced one of this year's scholarship recipients, Nicole Burke, a Hermosa Beach resident and Mira Costa High School senior who has been an active member of the Hermosa Beach Sister City Association; said following her two-year participation as a junior high exchange student, she become a youth ambassador assisting the chaperones. Nicole Burke said she had met many great kids during her Hermosa Beach Sister City activities with Loreto who had been an inspiration to her and encouraged her study of Spanish to become a translator, adding that it was an experience she wished everyone could have. City Council Minutes 3-11-08 Page 12366 • • Mr. Barks then presented the City with a Humanitarian Award plaque from the United States/Mexico Sister Cities Association in recognition of the paramedic training in Loreto and the student exchange program; announced the U.S./Mexico Association scholarship fundraiser on April 12 at Seaside Lagoon in Redondo Beach, and the Tri - Beach Sister Cities Association's Cinco de Mayo celebration on May 3 at Muchos Restaurant in Manhattan Beach. CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 26, 2008: By a vote of 5-0, the City Council directed its legal counsel to file a writ seeking immediate review in the court of appeal of the trial court's summary judgment ruling in Macpherson Oil v. City of Hermosa Beach. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication. (a) Letter from Jim Lissner dated March 5, 2008 regarding a moratorium on shared parking downtown. Coming forward to address the City Council on his letter was: Jim Lissner — Hermosa Beach, asked for clarification concerning the agenda format change; then spoke to his letter on shared parking downtown, saying the Planning staff should not give false impressions about what might be approved, and specifically referred to the proposal for office condos to be built over a restaurant on the Alta Dena Dairy site, which would be on an upcoming Planning Commission agenda (the City Manager and City Attorney clarified the effect of the change to the agenda format, and the Mayor said anyone has a right to apply for a proposed project, which the Planning Commission would then review) No one else came forward to address the City Council at this time. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Reviczky. (f) and (g) Tucker. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 12, 2008. • Action: To approve, as presented, the minutes of the Regular Meeting of February 12, 2008. City Council Minutes 3-11-08 Page 12367 (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51018 THROUGH • 51162. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. • • (d) RECOMMENDATION TO APPROVE TENTATIVE DATE OF THURSDAY, MAY 29, 2008 AT 7:10 P.M. FOR REVIEW OF THE 2008-2009 BUDGET. Memorandum from Finance Director Viki Copeland dated February 25, 2008. Action: To approve tentative date of Thursday, May 29, 2008 at 7:10 p.m. for review of the proposed 2008-2009 Budget. (e) RECOMMENDATION TO ACCEPT DONATION OF $130 FROM BOEING CHARITABLE TRUST/CHRISTOPHER ASHLEY TO BE USED FOR RECREATION PROGRAM MATERIALS. Memorandum from Finance Director Viki Copeland dated March 3, 2008. This item was removed from the consent calendar by Mayor Pro Tempore Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. (f) Action: To accept the following donations: - $130 from Boeing Charitable Trust/Christopher Ashley to be used for recreation program materials Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO ADRIAN GAUS ARCHITECTURE, INC. TO PROVIDE DESIGN SERVICES FOR PROJECT NO. CIP NO. 99-631 BEACH RESTROOM IMPROVEMENTS; INCLUDING REHABILITATION OF THE EXISTING BELOW -GRADE RESTROOMS AT 2ND STREET AND 22ND STREET, AND CONSTRUCTION OF A NEW AT -GRADE RESTROOM AT 14TH STREET; FOR A FIXED FEE OF $74,300; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated March 4, 2008. Supplemental email from Public Works Commissioner Janice Brittain received March 11, 2008. City Council Minutes 3-11-08 Page 12368 This item was removed from the consent calendar by Councilmember Tucker for IP separate discussion later in the meeting. • • Public Works Director Morgan and City Manager Burrell responded to Council questions. Proposed Action: To direct staff to send out a request for bids for the design of the three restrooms. Motion Tucker. The motion died for lack of a second. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement to Adrian Gaus Architecture, Inc. to provide design services for Project No. CIP No. 99-631 Beach Restroom Improvements; including rehabilitation of the existing below - grade restrooms at 2nd Street and 22nd Street, and construction of a new at -grade restroom at 14th Street; for a fixed fee of $74,300; (2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make changes to the agreement within the project budget. Motion Tucker, second Mayor Keegan. The motion carried, noting the dissenting vote of Tucker. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF FEBRUARY 20, 2008. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Proposed Action: To schedule a public hearing before the City Council for item 6(a) on the Public works Commission agenda — the beach restroom improvement project. Motion Tucker, second Keegan. The motion failed, noting the dissenting votes of Bobko, DiVirgilio and Reviczky Action: To receive and file the action minutes of the Public Works Commission meeting of February 20, 2008. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (h) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF EIGHT (8) MOBILE DATA COMPUTER (MDC) SYSTEMS FROM SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY IN THE AMOUNT OF $67,652 TO REPLACE THE EXISTING SYSTEMS CURRENTLY INSTALLED IN THE POLICE DEPARTMENT PATROL VEHICLES AND APPROPRIATE $22,364 FROM THE EQUIPMENT REPLACEMENT FUND NEEDED TO COVER REPLACEMENT AND INSTALLATION COSTS. Memorandum from City Council Minutes 3-11-08 Page 12369 • • (i) Memorandum from Police Chief Greg Savelli dated February 28, 2008. Action: To approve the staff recommendation to: (1) Authorize the purchase of eight (8) Mobile Data Computer (MDC) systems from South Bay Regional Public Communications Authority in the amount of $67,652 to replace the existing systems currently installed in the Police Department patrol vehicles; and (2) Appropriate from the Equipment Replacement Fund an additional $22,364 needed to cover replacement and installation costs. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT GRANT FUNDS TOTALING $4,000 AND AUTHORIZE THE POLICE DEPARTMENT TO UTILIZE THESE FUNDS TO PARTICIPATE IN THE "CLICK IT OR TICKET" CAMPAIGN. Memorandum from Police Chief Greg Savelli. Action: To authorize the City Manager or his designee to accept grant funds totaling $4,000 and authorize the Police Department to utilize these funds to participate in the "Click It or Ticket" Campaign. (j) RECOMMENDATION TO ADOPT A RESOLUTION OVERTURNING THE PLANNING COMMISSION DECISION TO GRANT A VARIANCE FOR A 4 - FOOT GARAGE SETBACK RATHER THAN THE REQUIRED 17 FEET AT 210 PROSPECT AVENUE, AND REMAND THE APPLICATION BACK TO THE PLANNING COMMISSION FOR CONSIDERATION OF AN ALTERNATIVE DESIGN, IF ANY, PRESENTED BY THE APPLICANT. Memorandum from Community Development Director Ken Robertson dated March 5, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08-6582, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION'S DECISION TO GRANT A VARIANCE TO CONSTRUCT A 3 - CAR GARAGE WITH A 4 -FOOT SETBACK RATHER THAN THE REQUIRED 17 FEET, AND TO REMAND THE APPLICATION BACK TO THE PLANNING COMMISSION FOR THE PROJECT LOCATED AT 201 PROSPECT AVENUE, LEGALLY DESCRIBED AS LOT 54, TRACT NO. 733." At 7:30 p.m., the order of the agenda was suspended to go to public hearing item 5 (a), (b), and (c). 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1291 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE REGARDING ADULT BUSINESS REGULATIONS." For City Council Minutes 3-11-08 Page 12370 • REGULATIONS." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 5, 2007. Coming forward to address the Council at this time was: George Barks — Hermosa Beach landowner, spoke in support of removing the ratio mechanism to categorize a business as adult but opposed allowing those businesses closer to residences and schools; said the geographically small size of Hermosa Beach would make the previous restrictions defensible against a claim of denial of constitutional rights; said adult businesses should be located in a manufacturing zone, not on Pacific Coast Highway where children walk daily to and from school. Action: To waive full reading and adopt Ordinance No. 08-1291. Motion Bobko, second Reviczky. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (f) and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. APPEAL OF PLANNING COMMISSION MERGING OF TWO LOTS INTO ONE PARCEL FOR THE PROPERTY AT 230 LONGFELLOW AVENUE. Memorandum from Community Development Director Ken Robertson dated March 4, 2008. Action: To postpone the hearing to the Council meeting of April 22, 2008, as requested by the applicant. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. b. APPEAL OF PLANNING COMMISSION MERGING OF TWO LOTS INTO ONE PARCEL FOR THE PROPERTY AT 315-317 24TH STREET. Memorandum from Community Development Director Ken Robertson dated March 4, 2008. Action: To postpone the hearing to the Council meeting on April 22, 2008, as requested by the applicant. City Council Minutes 3-11-08 Page 12371 • Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. c. TEXT AMENDMENT TO THE MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES THROUGHOUT THE CITY. Memorandum from Community Development Director Ken Robertson dated March 4, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 7:50 p.m. Coming forward to address the Council on this item were: William Leahy — representing The Farmacy, a marijuana medical dispensary with three locations in Venice, Westwood and West Hollywood, said his stores were clean, bright and open, and were staffed by herbalists, an acupuncturist and a licensed pharmacist; distributed photographs of his stores and a brochure explaining available services and products; said purchase of cannabis required a prescription from a doctor, and the product was prepackaged, not on display; Jim Rosenberg — Hermosa Beach, said Mr. Leahy was a friend that he invited to the meeting to describe his business; said the staff report presented only the view that the dispensaries should be banned in the City; said there were ways to control them with zoning (restrict to the C-3 zone), parking regulations and security guards; said there are Hermosa Beach citizens who would benefit from this type of business; Glenn Forbes — Hermosa Beach, General Manager of The Farmacy in Venice said they take precautions to make sure people do not re -sell the marijuana or use it on the premises; said a 4th grade class was at their location that day for a field trip; Bill Hedrick — spoke of two friends who served in Viet Nam and had self medicated with marijuana and tried to commit suicide while under the influence; said marijuana should not be sold at these dispensaries without a doctor's prescription; Marvin May — Hermosa Beach, supported a dispensary in the City and hoped a good location could be found; Dency Nelson — Hermosa Beach, said while he did not want the City to be burdened with enforcement of problems these businesses can bring with them, he did not want Hermosa Beach to have an attitude of "not in my backyard" and hoped that a well regulated business could be established in the City for residents who need this type of help; Dennis Souers — Hermosa Beach, suggested that the need by City residents be determined before a dispensary is opened; Tom Nyman — Hermosa Beach, noted that a doctor's prescription is required; Eric Hayes — Hermosa Beach, said his employment brought him into close contact with these types of businesses and he had seen safes opened with money not accounted for and marijuana recovered from kids with medical dispensary stamps on the bags; said the dispensaries are not all bad but it is an industry driven by profit; urged the Council to take a long City Council Minutes 3-11-08 Page 12372 • long hard look at the situation before making a decision because once the decision is made it cannot be taken back; June Pulcini — Hermosa Beach, said she was a cancer patient and had many friends who were as well; spoke of the benefits she had seen such as easing of pain and the nausea associated with cancer treatments; asked the Council to be compassionate and leave the door open for further discussion to weigh the pros and cons; and George Barks — Hermosa Beach property owner, said this was a politically charged, emotional issue; said he believed in alternative medicine but was not sure this business was right for Hermosa Beach; urged caution in making a decision; suggested involving the Beach Cities Health District to determine if there is a need in the South Bay area. The public hearing closed at 8:22 p.m. Proposed Action: To continue the public hearing to the next Council meeting and direct staff to prepare an ordinance and regulations for operating a medical marijuana dispensary within the City. Motion Mayor Keegan. The motion died for lack of a second. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1292, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA DISPENSARIES." Motion Tucker, second Reviczky. The motion carried, noting the dissenting vote of Mayor Keegan 6. MUNICIPAL MATTERS a. STREET LIGHT BANNER PROGRAM. Memorandum from Public Works Director Richard Morgan dated March 3, 2008. Public Works Director Morgan presented the staff report, and he and City Manager Burrell responded to Council questions. Coming forward to address the Council at this time was: Daniel Marinelli — Hermosa Beach, said all funding sources had not yet been explored but the school is excited about the student banner program; said two possible funding sources are the Hermosa Beach Education Foundation and Kiwanis Club. Action: To approve the staff recommendation to: (1) Approve the policy to implement a Commercial Street Light Banner Program; (2) Adopt Resolution No. 08-6583, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, City Council Minutes 3-11-08 Page 12373 • ESTABLISHING A COMMERCIAL STREET LIGHT BANNER PROGRAM AND AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) TO ADD A FEE FOR COMMERCIAL STREET LIGHT BANNERS."; and (3) Authorize the City Manager to waive the Banner Permit Fee for non-profit special events. Motion Mayor Keegan, second DiVirgilio. The motion carried, noting the dissenting vote of Reviczky. Further Action: To (1) approve a City -funded Banner Art Program for 12 student art banners on Pier Avenue between Monterey and Valley, with direction to staff to work with the School District for installation during the summer of 2008 and (2) appropriate $4,000 to cover the cost of the program, including a $600 donation from Art Walk. Motion Tucker, second Bobko. The motion carried, noting the dissenting votes of Reviczky and Mayor Keegan. b. REQUEST FOR A FEE WAIVER FOR CUP REVIEW TO ALLOW FOR PLACEMENT OF FIVE (5) CLOTHING DROP OFF/RECYCLING BINS BY PLANET AID. Memorandum from City Manager Stephen Burrell dated February 28, 2008. City Manager Burrell presented the staff report, responded to Council questions, IIand distributed a map and photographs showing proposed locations. • Coming forward to address the City Council at this time was: Eric Gross — Hermosa Beach, said he was not opposed to the project but hoped that other charities would have the same opportunities and advantages. Action: To approve the permit review for all five locations at the same time, thereby reducing the processing charge to $4,776. Motion Mayor Keegan, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL — None a. Request from Councilmember Bobko to aqendize a discussion of City bike paths. City Council Minutes 3-11-08 Page 12374 • Councilmember Bobko asked that the topic of providing a City bike path be placed on a future agenda for Council discussion and subsequent referral to the Public Works Commission. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To agendize a discussion of this topic for a future Council meeting. Motion Bobko, supported by Tucker and DiVirgilio b. Request from Councilmember DiVirgjlio to agendize a discussion of staff more clearly communicating potential business operating hours to new business applicants. Councilmember DiVirgilio asked that a policy to give business applicants a clearer picture of what might be the likely closing times for their business be placed on a future agenda for Council discussion. Action: To agendize a discussion of such a policy for a future Council meeting. Motion DiVirgilio, supported by Bobko and Tucker. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED • SESSION AS FOLLOWS 1. APPROVAL OF MINUTES: a. Closed Session meeting held on February 12, 2008; and b. Closed Session meeting held on February 26, 2008. 2. 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: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 c. Name of Case: Villani v. City of Hermosa Beach Case Number: YC053631 d. Name of Case: Cummings v. City of Hermosa Beach Case Number: YC055524 City Council Minutes 3-11-08 Page 12375 • 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 • • City Negotiator: Stephen Burrell 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 Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 11, 2008, at the hour of 9:43 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 9:52 p.m. At the hour of 10:42 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 11, 2008, at the hour of 10:43 p.m. to the to an Adjourned Regular Meeting on Friday, March 14, 2008, at the hour of 8:00 a.m., for the purpose of conducting a team -building workshop. City Council Minutes Deputy City Clerk 3-11-08 Page 12376 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 14, 2008, at the hour of 8:25 a.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ORAL COMMUNICATIONS: None CITY COUNCIL TEAM BUILDING WORKSHP LED BY DON MARUSKA ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Friday, March 14, 2008, at the hour of 4:15 p.m., to the Regular Meeting of Tuesday, March 25, 2008, at the hour of 7:10 p.m. City Council Minutes 3-14-08 Page 12377 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 25, 2008, at the hour of 7:10 p.m. • • PLEDGE OF ALLEGIANCE — Frank Holstein ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENTS - None 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication. (a) Letter from Jim Lissner dated March 19, 2008 regarding transfer of ABC license at 20 Pier Avenue to Brazilian BBQ Bar and Grill. Coming forward to address the City Council on this letter was: Jim Lissner — Hermosa Beach, supported placing Councilmember Tucker's parking suggestions (agenda item 9) on a future agenda; noted the ABC's practice of short or long-term suspensions rather than putting a restaurant out of business for CUP violations; then spoke to his letter, asking that the Council review the Fish Market's CUP and ask the ABC to place appropriate conditions on the license, including hours of operation (City Manager Burrell said staff would take its usual action when informed a new business was replacing another). Coming forward to address the City Council at this time were: Alysa Brennan — re agenda item 9b, said the area between 19th and 24th streets should be included; spoke of an untapped revenue stream if City fines for non -permit parking in the impacted zone were increased from $35 to $100 or $200; also said two permits should be required for any vehicle big enough to take up two parking spaces; Doug Howarth — representing Silvio's Brazilian BBQ, the new restaurant replacing the current business at 20 Pier Avenue, said they did not need a full liquor license and wanted only to have beer and wine and serve late-night full meals; Hillary Hunson — Executive Director of Project Touch, described their work for the last 35 years and invited the community to support a fundraiser on Wednesday, April 30, at 8 p.m. in the Community Center, a one - woman comedy show by Ann Randolph with tickets at $25 per person; Joy Kennelly — Hermosa Beach, commended Councilmember Tucker's parking ideas and encouraged the Council to consider his suggestions and to include towing if cars stay in spaces longer than allowed; City Council Minutes 3-25-08 Page 12378 • • Bernie Friedman — Hermosa Beach, said he was a cyclist and asked the Council to consider maintaining a bike path on Pier Avenue, noting his understanding of safety issues with parking; said The Strand is a bike path but is too crowded with other activities; acknowledged the past opposition to a separate path on the beach parallel to the Strand but wondered if Manhattan Beach had less accidents with its bike path; Gary Mollette — Hermosa Beach, said he agreed with most of UPAC's recommendations but opposed parallel parking and wider sidewalks because of the loss of parking spaces, the slowing of traffic while cars parked, the outdoor dining and clothes racks; and Jackie Friedman — Hermosa Beach, opposed outdoor dining on Upper Pier Avenue and said people would be smoking while they sat outside. PRESENTATIONS: CERTIFICATES OF APPRECIATION UPPER PIER AVENUE COMMITTEE Mayor Keegan called forward members of the Upper Pier Avenue Committee and presented each of them with a certificate of appreciation. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Tucker Motion Reviczky, second DiViirgilo. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 26, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of February 26, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51163 THROUGH 51306 AND TO APPROVE CANCELLATION OF CHECK NOS. 47502 AND 48391 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. • (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2008 FINANCIAL REPORTS: City Council Minutes 3-25-08 Page 12379 • • 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the February 2008 financial reports: (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated March 17, 2008. (f) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of February 29, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 18, 2008. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting, in order to discuss adding The North End to the other restaurants with on -sale alcohol scheduled for public hearings for CUP review. City Manager Burrell and City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item were: Sandy Seaman — Hermosa Beach, said the city code requires The North End to be a bonafide restaurant, but it is a nightclub; said the City does not have to wait for a report from the ABC to enforce this rule; and Jim Lissner — Hermosa Beach, said in addition to the difficulty the ABC has retaining employees, they also move very slowly; suggested the City take its own action to resolve the problem. (g) Councilmember Tucker withdrew his request and said he was willing to wait for the ABC report to see if The North End is in violation of the 50-50 rule in reference to the dollar amount of food and liquor sold by this business. Action: To receive and file the action minutes of the Planning Commission meeting of March 18, 2008. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 4, 2008. Action: To receive and file the action minutes of the Parks, Recreation and • Community Resources Advisory Commission meeting of March 4, 2008. City Council Minutes 3-25-08 Page 12380 At: 7:31 p.m., the order of the agenda was suspended to go to public hearing item 5 • (a) • • 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1292U — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 19, 2008. City Clerk Doerfling presented the urgency ordinance for adoption, noting that it would take effect immediately to meet the deadline of April 7, 2008, when the moratorium expires. Action: To waive full reading and adopt Ordinance No. 08-1292U. Motion Reviczky, second Bobko. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Reviczky, Tucker NOES: Mayor Keegan ABSENT: None ABSTAIN: None Further Action: It was the consensus of the City Council to direct staff to contact the Beach Cities Health District about their looking into the issue of medical marijuana dispensaries to serve the needs of Manhattan Beach, Redondo Beach, and Hermosa Beach residents. b. ORDINANCE NO. 08-1292 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA DISPENSARIES." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 19, 2008. Action: To waive full reading and adopt Ordinance No. 08-1292. Motion Reviczky, second Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Reviczky, Tucker NOES: Mayor Keegan ABSENT: None ABSTAIN: None It was noted that this ordinance will take effect 30 days after adoption. City Council Minutes 3-25-08 Page 12381 • • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(f) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. UPPER PIER AVENUE COMMITTEE (UPAC) FINAL REPORT AND RECOMMENDATIONS TO THE CITY COUNCIL. Supplementals from Howard Longacre and Dean Francois, both received March 25, 2008. UPAC Committee Chair/Councilmember Bobko described the Committee's history and introduced the Committee members who would give reports on the four elements studied. Committee Member Jerry Gross discussed the urban design and streetscape elements of the project as well as the parking, traffic and circulations issues detailed in the final report. Committee Member Kim McMullan discussed land use, zoning and economic issues, creating a pedestrian -friendly village center that serves the needs of the community as well as a profitable and stable economy, Dean Nota, architect and UPAC member, spoke about widening sidewalks to perceptually reduce the size of the street and provide a more intimate feel, with trees and places for pedestrians to sit. Larry Peha, architect and UPAC member, said the Committee's focus was not to create space for outdoor dining, that there could only be a single row of tables if at all, but said it would help create the desired ambience. The public hearing opened at 8:26 p.m. Coming forward to address the Council on this item were: Alysa Brennan — Hermosa Beach, said she pushed a double stroller daily on Pier Avenue and opposed decorative cobblestone paving; said people would rather congregate near the beach than on Upper Pier Avenue which was a huge thoroughfare and, due to its steep grade, was not a good street for a bike path; opposed one lane eastbound on Pier Avenue from Hermosa Avenue as it would cause a backup of cars; Sean (no last name given) — representing a Hermosa Beach beauty salon on Pier Avenue, supported a mix of uses and said the City should use care to not force out the current businesses; said it was appropriate for the economy and the needs of the people to determine the types of businesses on the street; City Council Minutes 3-25-08 Page 12382 • • • Jim Hanson — Hermosa Beach, said he was a cyclist and thought the conflict with cars on Pier Avenue made it an unsafe place to ride but was in favor of a safe bike path elsewhere in the City; supported the concept of an economic development committee; Dr, Ed Connaughton — chiropractor on Pier Avenue, said he opposed wider sidewalks, outdoor dining and decreased parking; said every business on the south side of Pier between Loma and Bard agreed with him; Anne Sullivan — Hermosa Beach, questioned where an overpass across Pier Avenue at the Greenbelt would be anchored; opposed one lane on the east side of Pier at Hermosa Avenue as it would create a dangerous bottleneck with delivery trucks and cars backing out of parking spaces; Ed Hart — Hermosa Beach, said beautification and improvement of the area could be accomplished without widening sidewalks and creating more parking problems; Jeff Duclos — Hermosa Beach, commended the committee for their effort but said their suggestions would increase density and did not include a plan to preserve historic buildings or provide environmentally friendly "green" elements; Carolynn Reed — Hermosa Beach Children's Librarian, stressed the need to maintain library parking spaces in the City Hall parking lot; expressed concern about moving the current bus stop to the Greenbelt, at an already congested and complicated intersection; said she did not want to see Hermosa Beach become like Old Town Pasadena; Dean Francois — Redondo Beach, said the City should encourage alternative forms of transportation, noting that he regularly rode his bike on Pier Avenue; presented a diagram depicting how a bike path could be accommodated next to parallel spaces or in front of diagonal spaces; said public consensus for wider sidewalks had not been proven, and the recommendations did not support the concept of a "green" city; Janice Yates — Marineland Mobilehome Park Association president, said she and most of the Park residents supported the recommendations; said a sound wall would be needed if there was a purchase of Marineland property by the City; Greg Maffei — said he supported general aesthetic improvements, as was done in Old Town Pasadena or Culver City, which would also improve property values; Julian Katz — Public Works Commissioner, said the UPAC recommendations would turn Hermosa into a destination spot like Old Town Pasadena or the San Diego Gas Lamp District, with an increase in alcohol-related businesses, which would not be good for residents; opposed the potential bottleneck at Pier Avenue and Hermosa Avenue; Tom Eschelman — Hermosa Beach, said the UPAC recommendations would not benefit the community, the City would become a destination spot, and the pedestrians would not be residents; favored a bike lane; was concerned about a traffic bottleneck at Pier and Hermosa avenues; Sandy Seaman — Hermosa Beach, opposed wider sidewalks and supported diagonal parking; suggested the City use the money to attract new businesses to Pacific Coast Highway; City Council Minutes 3-25-08 Page 12383 • • John Bowler — Hermosa Beach, supported making Upper Pier Avenue more pedestrian friendly; said businesses would benefit by people strolling by and wandering into their establishments; said there was a "green" benefit from people walking instead of driving; Renee Wolf — Hermosa Beach, said she was interested in pedestrian safety and thought the UPAC recommendations supported that concept; Roger Bacon — Hermosa Beach businessman, opposed wider sidewalks and supported maximum parking; said the Committee's recommendations encouraged alcohol-related businesses; supported putting a bike path somewhere in the City; Jim Lissner — Hermosa Beach, said the MTA money had to be spent on streets with bus routes; opposed wider sidewalks; said the atmosphere of a village center had already been created near the beach; and John Silva — Redondo Beach, said bikes belong in a "green" city and walking was good for businesses. The public hearing closed at 9:25 p.m. Action: To approve the Upper Pier Avenue Committee's traffic, parking and circulation recommendations to: a) Authorize the Public Works Director to solicit Requests for Proposals to select design consultants to prepare plans, specifications, and cost estimates for all street and landscaping improvements, utilizing architects Dean Nota and Larry Peha to serve with Public Works staff on the Selection Committee; b) Direct the Public Works Commission to provide guidance in developing streetscape/public facilities commensurate with the recommendations set forth in the UPAC Final Report; and c) Direct staff to report to Council within 180 days following the award of the design contract with preliminary plans, cost estimates, and design recommendations. Motion Bobko, second Tucker. The motion carried, noting the dissenting votes of Reviczky and Mayor Keegan. Further Action: To authorize the Director of Public Works to implement the "scramble" crosswalk at the intersection of Pier and Hermosa avenues. Motion Bobko, second Reviczky. The motion carried by a unanimous vote. Further Action: To refer the UPAC report to the Planning Commission with guidance to develop zoning and parking guidelines to facilitate the goals articulated in the UPAC report, including second stories with a 30 -foot height limit and outdoor -dining encroachment permit requirements, with a final report back to the City Council due within nine months. Motion Bobko, second Tucker. The motion carried by a unanimous vote. IIFurther Action: To direct staff to bring back a report on the scope and cost of creating an Economic Development Commission, to prepare a mission City Council Minutes 3-25-08 Page 12384 • • • statement, and to consult with the City of El Segundo which has such a commission and has been awarded "Best City In Which To Do Business." Motion Bobko, second Tucker. The motion carried by a unanimous vote. Final Action: It was the consensus of the Council to maintain the UPAC as an advisory ad hoc committee, as required, to consult with and be a source for staff, with direction to reduce the number of Public Works Commissioners on UPAC from three to two members. The meeting recessed at 10:11 p.m. The meeting reconvened at 10:28 p.m., with item 3. 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to add four (4) part time Community Service Officers to help enforce the one hour parking program from May thru September. Action: To agendize this topic for the next Council meeting, with direction to cost in the staff report. Motion Tucker, supported by Bobko and Mayor Keegan. b. Request from Councilmember Tucker to change the end of enforcing one-hour parking from 10 P.M. to 12 midnight in the impacted zone (residential) 8th Street to 19th Street and Manhattan Ave. to Monterey and also from 24th to Longfellow and Hermosa Ave. to Manhattan Ave. These areas are affected by the night crowds and residents would like to see these hours changed to help ease their ability to park in their neighborhoods when coming home from work. Action: To agendize this topic as a noticed public hearing before the City Council and to include the area from 19th Street to 24th Street. Motion Tucker, supported by DiVirgilio and Mayor Keegan. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on March 11, 2008. 2. CONFERENCE WITH LEGAL COUNSEL City Council Minutes 3-25-08 Page 12385 • 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 b. Anticipated Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 11, 2008, at the hour of 10:59 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 11:05 p.m. At the hour of 11:20 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 25, 2008, at the hour of 11:21 p.m. to the Regular Meeting of Tuesday, April 8, 2008. Deputy City Clerk City Council Minutes 3-25-08 Page 12386 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 8, 2008, at the hour of 6:08 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on March 11, 2008, and b. Closed Session meeting held on March 25, 2008. 2. 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: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 Unrepresented employees ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 8, 2008, at the hour of 7:00 p.m. to the Regular meeting of the same date, scheduled to begin at 7:10 p.m. City Clerk City Council Special Meeting Minutes 04-8-08 Page 12387 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, April 8, 2008, at the hour of 7:16 p.m. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan Absent: None PLEDGE OF ALLEGIANCE — Joanne Edgerton APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION — APRIL 2008. Memorandum from City Clerk Elaine Doerfling dated April 1, 2008. A. Designate Mayor for a term ending January 27, 2009. Action: To designate Mayor Pro Tempore J.R. Reviczky as Mayor for a term ending January 27, 2009. Motion Mayor Keegan, second Tucker. The motion carried by a unanimous vote. IDB. Designate Mayor Pro Tempore for a term ending January 27, 2009. • Action: To designate Councilmember Kit Bobko as Mayor Pro Tempore for a term ending January 27, 2009. Motion Keegan, second Mayor Reviczky. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Reviczky to the Los Angeles County — City Selection Committee. Motion Keegan, second Mayor DiVirgilio. The motion carried by a unanimous vote Further Action: To appoint Mayor Reviczky to the South Bay Cities Sanitation District Board of Directors and maintain Councilmember Tucker as alternate director for continuity of attending the meetings; and to continue appointment of the remaining assignments to the next meeting. Motion Keegan, second Bobko. The motion carried by a unanimous vote. City Council Minutes 04-08-08 Page 12388 • PRESENTATION OF PLAQUE TO OUTGOING MAYOR — Mayor Reviczky presented outgoing Mayor Keegan with a plaque for his recently completed term and expressed his appreciation for a job well done, noting that he was seldom needed to substitute. • COMMENTS BY OUTGOING MAYOR — Outgoing Mayor Keegan said he enjoyed being Mayor during most of the Centennial year and looked forward to continuing to work with Mayor Reviczky. COMMENTS BY INCOMING MAYOR — Mayor Reviczky thanked his wife because being Mayor was more time consuming than being a Councilmember; said he hoped to perform the job with dignity, as the residents deserved, and that he would work hard during his term. COMMENTS BY OTHER COUNCILMEMBERS Mayor Pro Tempore Bobko thanked former Mayor Keegan for a fine job, looked forward to being an apprentice to Mayor Reviczky and said he was excited about the coming year. Councilmember DiVirgilio said it was an honor and a privilege to serve the first portion of his term with the former and current mayor — two of the City's most thorough and diligent public servants. Councilmember Tucker thanked outgoing Mayor Keegan for his leadership in a great Centennial year; said Mayor Reviczky would provide good leadership as the new fiscal year approaches with challenges from the loss of revenue from the State and other economic conditions, and thanked him for his fourth term as mayor. Outgoing Mayor Keegan said it was a pleasure to serve on the Council with Mayor Reviczky and he knew he would continue to do a good job as in the past. The meeting recessed at 7:25 p.m. The meeting reconvened at 7:30 p.m. ANNOUNCEMENTS — Councilmember DiVirgilio said Mama D's had opened in the previous Subway location and was proving to have a lot of business; said he, along with Councilmember Keegan and City Manager Steve Burrell, had met with School Board Members and plan to meet quarterly to discuss how the City and the School District can support each other. Mayor Pro Tempore Bobko announced that Mira Costa High School junior Julia Barrow, the daughter of a friend of his, had been named soccer player of the year. City Council Minutes 04-08-08 Page 12389 • Councilmember Tucker said traffic conditions on 16th Street, east of Pacific Coast Highway, will be improved by signal modification; said working with Cal Trans slowed progress but now the project has gone out to bid and the change should be implemented by mid-July. Councilmember Keegan invited the community to the Surfer's Walk of Fame induction ceremony at 11 a.m. on Saturday, April 12, a surf festival that afternoon and a surfing movie Friday, April 11, at 6 p.m. in the Community Center Theater. Mayor Reviczky asked that the meeting be adjourned in memory of Etta Simpson, a Member of the City Council in the 1980's. PRESENTATIONS: CERTIFICATES OF RECOGNITION PRESENTED TO RICHARD CONTRERAS, VIKI COPELAND AND MICHAEL FLAHERTY FOR 35 YEARS OF SERVICE TO THE CITY OF HERMOSA BEACH Mayor Reviczky congratulated the three 35 -year employees who started on the very same day; presented proclamations describing their long tenure with the City. Mike Flaherty said he was honored and proud to work for the City and that people he met over the years had become like a second family to him. Viki Copeland said this was a great place to work and the City's residents were wonderful. Richard Contreras was unable to attend the meeting. NATIONAL LIBRARY WEEK Mayor Reviczky presented a proclamation designating April 13-10 as National Library Week. Library representatives Carolyn Reed and Elmita Brown and Friends of the Library member Betty Ryan thanked the City for the proclamation, described several upcoming library events and the upcoming book sale at the Friends of the Library location on Bard Street across from City Hall. CLOSED SESSION REPORT FOR MEETING OF MARCH 25, 2008: No reportable actions PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: City Council Minutes 04-08-08 Page 12390 • Joanne Edgerton and Alcira Dominguez — representing Beach Cities Health District, presented pedometers to Councilmembers and challenged them and community members tp compete with other local cities in walking 10,000 steps per day from April 21-27, with entry fees funding awareness of childhood obesity; Doris Nicholson — Hermosa Beach, thanked the City for providing toys, games and bikes to needy children at Christmas and presented a plaque to Mayor Reviczky; and, Steve Canella — Surfers Walk of Fame, said two women and one man would be inducted into the Walk of Fame on Saturday, April 12; described activities associated with the event; and thanked Bill Sigler, who could not be present this evening, for his assistance with the program. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(h) Keegan. Mayor Pro Tempore Bobko said he did not want to remove item 2(j) but did want to thank Ken Hartley for his assistance in providing the requirements for the ham radio equipment. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on March 11, 2008; and 2) Adjourned Regular meeting held on March 14, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of March 11, 2008, and the Adjourned Regular meeting of March 14, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51307 THROUGH 51446, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 46882 and 51215, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 1, 2008. Claimant: Plotkin, Marvin City Council Minutes 04-08-08 Page 12391 • • Date of Loss: 03-15-08 Date Filed: 03-26-08 Allegation: Breach:of contract Action: To deny the above claim and refer it to the City's Liability Claims Administrator. (e) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated April 1, 2008. (f) Action: To receive and file report of Customer Service Surveys/Complaints. RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 2008-09. Memorandum from Public Works Director Richard Morgan dated March 24, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6584, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009." (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 19, 2008. Action: To receive and file the action minutes of the Public Works Commission meeting of March 19, 2008. (h) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING INSTALLATION OF NEW STOP SIGNS AT ARDMORE AVENUE AT 11TH STREET CREATING A THREE-WAY STOP INTERSECTION. Memorandum from Public Works Director Richard Morgan dated April 2, 2008. This item was removed from the consent calendar by Councilmember Keegan • for separate discussion later in the meeting. City Council Minutes 04-08-08 Page 12392 • • • (i) (1) Proposed Action: To schedule a hearing for further study and a full review by the City Council. Motion Keegan. The motion died for lack of a second. Action: To approve the staff recommendation to adopt Resolution No. 08- 6586, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF ARDMORE AVENUE AND ELEVENTH STREET AS A THREE-WAY STOP CONTROL INTERSECTION." Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of Keegan. RECOMMENDATION TO SET A PUBLIC HEARING TO DISCUSS CHANGES IN THE HOURS OF ENFORCEMENT FOR THE PREFERENTIAL PARKING ZONE FOR TUESDAY, MAY 13, 2008. Memorandum from City Manager Stephen Burrell dated April 2, 2008. Action: To set a public hearing to discuss changes in the hours of enforcement for the preferential parking zone for Tuesday, May 13, 2008, as recommended by staff. RECOMMENDATION TO APPROVE A SOLE SOURCE PURCHASE OF THE HAM RADIO BASE STATION EQUIPMENT. Memorandum from City Manager Stephen Burrell dated April 3, 2008. Action: To approve a sole source purchase of the Ham Radio Base Station equipment from Ham Radio Outlet Inc. for an estimated $8,000 plus tax, as recommended by staff. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. REQUEST FOR FEE WAIVER FOR INSTALLATION OF PHOTOVOLTAIC SOLAR PANELS. Memorandum from Community Development Director Ken Robertson dated April 2, 2008. City Council Minutes 04-08-08 Page 12393 • Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) Waive building permit and plan check fees for non-profit organizations; 2) Waive plan check fees for all private solar installations for one year; and, 3) Base the permit fee on the net valuation of a solar installation project (i.e. the cost after State rebates). Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SINGLE -USE BAG REDUCTION AND RECYCLING PROGRAM AS ADOPTED BY THE COUNTY OF LOS ANGELES. Memorandum from City Manager Stephen Burrell dated March 25, 2007. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6585, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO JOIN THE LOS ANGELES COUNTY SINGLE -USE BAG REDUCTION AND RECYCLING PROGRAM." Motion Keegan, second Tucker. The motion carried by a unanimous vote. b. REQUEST FROM THE CHAMBER OF COMMERCE FOR PLACEMENT OF AN ADVERTISEMENT IN THE 2008/09 CHAMBER OF COMMERCE BUSINESS DIRECTORY. Memorandum from City Manager Stephen Burrell dated March 26, 2008. Supplemental letters received on April 7 and 8, 2008, from Howard Longacre. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shirley CaseII — Hermosa Beach, said the City ad should be free; discussed prices charged to vendors for Fiesta booths; said the City gets only a $25 permit fee from each vendor; said the Chamber should pay for the shuttle instead of using the City's Proposition A funds; and Carla Merriman — Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, clarified that the Fiesta Shuttles were provided by County Supervisor Don Knabe, not the City's Prop A funds; said vendors pay sales tax and visitors staying in the local hotels pay transient occupancy tax, both of which benefit the City; said the City's civic organizations raise funds by working at the Fiesta and those funds are put back into the community. City Council Minutes 04-08-08 Page 12394 • • Main Motion: To approve the placement of an advertisement in the 2008/09 Chamber of Commerce Business Directory and appropriate $2,235 to cover the cost. Motion Keegan, second Tucker. The motion was replaced by the following substitute motion. Proposed Substitution Motion: To approve an advertisement without the Councilmember's names in the 2008/09 Chamber of Commerce Business Directory, and appropriate $2,235 to cover the cost. Motion Bobko, second DiVirgilio. The motion failed due to the dissenting votes of Keegan, Tucker and Mayor Reviczky. Final Action: To approve the main motion on the floor for the placement of an advertisement in the 2008/09 Chamber of Commerce Business Directory and appropriate $2,235 to cover the cost. Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Bobko, who objected to including the Councilmember names. c. AIRCRAFT TOWING ADVERTISING BANNERS. Memorandum from City Manager Stephen Burrell dated April 2, 2008. Supplemental agreements signed by banner tow operators received on April 7, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file report and direct City Manager Burrell to provide a report at the end of the summer. Motion Tucker, second Keegan. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCY — BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated April 1, 2008 City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Planning Commission terms that will expire June 30, 2008 and two Civil Service Board terms that will expire July 15, 2008. Motion Keegan, second Tucker. The motion carried by a unanimous vote. • 9. OTHER MATTERS - CITY COUNCIL - None City Council Minutes 04-08-08 Page 12395 • ADJOURNMENT — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Etta Simpson, on Tuesday, April 8, 2008, at the hour of 8:28 p.m. to the Regular Meeting of April 22, 2008. at 7:10 p.m. City Clerk 1 • CLA City Council Minutes tty City Clerk 04-08-08 Page 12396 . MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 22, 2008, at the hour of 6:35 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on April 8, 2008. 2. 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: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa • Beach adjourned on Tuesday, April 22, 2008, at the hour of 7:07 p.m. to the Regular meeting of the same date, scheduled to begin at 7:10 p.m. City Council Special Meeting Minutes 04-22-08 Page 12397 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 22, 2008, at the hour of 7:16 p.m. PLEDGE OF ALLEGIANCE — Jim Lissner ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Keegan announced a meeting of the South Bay Land Conservancy, on Saturday, May 24, at 6:30 p.m. at the North branch of the Redondo Beach Library on Artesia Boulevard, to discuss methods to acquire funds for a park AES site. Mayor Pro Tempore Bobko thanked County Supervisor Don Knabe and the Hermosa Beach Library staff for allowing him to participate in Opera Tales at the Library and hoped for another opportunity. Mayor Reviczky asked the Council to adjourn the meeting in memory of Steve Hartt, a former Hermosa Beach police officer, Ozzie Cadena, long-time jazz advocate in Hermosa Beach, and Ray Knabe, Supervisor Don Knabe's father. • PROCLAMATIONS / PRESENTATIONS MUNICIPAL CLERKS WEEK May 4 —10, 2008 Mayor Reviczky presented City Clerk Doerfling with a proclamation designating the week of May 4 —10, 2008 as "Municipal Clerks' Week." City Clerk Doerfling described the history, dating back to biblical times, of municipal clerks — the oldest position among public servants; she then described the various functions of her office and thanked her staff for the exceptional job they do. CLOSED SESSION REPORT FOR MEETING OF APRIL 8, 2008: City Attorney Jenkins announced that there were no reportable actions. City Manager Burrell announced the removal of item 6a (Fire Department contract with Redondo Beach) from the agenda. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Lonqacre dated April 14, 2008 regarding Prospect Avenue and Aviation Boulevard signal maintenance, City Council City Council Minutes 04-22-08 Page 12398 • chamber foyer seating, City Council's car allowance benefit and the Chamber directory advertisement modification. • • No one came forward to address the Council on this letter. Coming forward to address the Council under oral communications were: Jim Lissner — Hermosa Beach, asked the Council to adopt a policy for the indefinite retention of all online meeting videos; asked for disclosure of the names of all cases discussed under Closed Session; asked for a cost/benefit analysis to determine if it is worthwhile to invest more money in a study for a possible downtown Specific Plan Area (SPA); Dency Nelson — Hermosa Beach Green Building Committee, said he asked for the reduction or waiver of plan check and permit fees for non- profits installing solar photovoltaic panels on rooftops; thanked the Council for waiving plan check fees for one year and reducing permit fees to the net cost for both non -profits and residential properties; and Hillary Hunson — Project Touch, described the work of the organization and spoke of their upcoming fundraiser — Ann Randolph's humorous one - woman performance Wednesday, April 30, at 8 p.m. at the Community Center Theater with tickets at $25 each that may be purchased at their office (Community Center Room 6) or online at annrandolph.com. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(f) Mayor Reviczky and (i) Keegan. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on March 25, 2008; and 2) Special meeting held on April 8, 2008. Supplemental letter regarding March 25 minutes from Howard Longacre received on April 22, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of March 25, 2008, and the Special meeting of April 8, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51447 THROUGH 51607, AND TO APPROVE THE CANCELLATION OF CHECK NO. 51216, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. City Council Minutes 04-22-08 Page 12399 • • • Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the March 2008 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 3, 2008. (f) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 3, 2008. RECOMMENDATION TO ACCEPT DONATIONS OF $50 FROM MICHAEL & TREVA MCCARTHY TO BE USED TO OFFSET COSTS FOR THE ST. PATRICK'S DAY PARADE; $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE PURCHASE OF FIRE DEPARTMENT BADGES AND AN ELECTRICAL STICK TO CHECK FOR LIVE DOWNED POWER LINES; AND, $211.07 FROM MICHAEL KEEGAN FOR MEALS DONATED FOR CITY COUNCIL TEAM BUILDING WORKSHOP HELD ON MARCH 14, 2007. Memorandum from Finance Director Viki Copeland dated April 14, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $ 50 from Michael & Treva McCarthy to be used to offset costs for the St. Patrick's Day Parade; $2,000 from the Woman's Club of Hermosa Beach to be used for the purchase of Fire Department badges and an electrical stick to check for live downed power lines; and $211.07 from Michael Keegan for meals donated for City Council Team Building Workshop held on March 14, 2007 Motion Mayor Reviczky, second DiVirgilio. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated April 14, 2008. City Council Minutes 04-22-08 Page 12400 • • • Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of March 31, 2008. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 15, 2008. (i) Action: To receive and file the action minutes of the Planning Commission meeting of April 15, 2008. RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT TO REPUBLIC ITS OF NOVATO, CALIFORNIA, FOR TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND SIXTEENTH STREET IN THE AMOUNT OF $8,980; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; APPROVE THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES TO HARTZOG & CRABILL, INC., FOR $6,600 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Richard Morgan dated April 16, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Public Works Director Morgan and City Manager Burrell responded to council questions. Action: To approve the staff recommendation to: (1) Award construction contract for traffic signal modification at Pacific Coast Highway and 16th Street to Republic ITS of Novato, California in the amount of $8,980; (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the contract by the City Attorney; (3) Approve the Professional Services Agreement for construction support services to Hartzog & Crabill, Inc., for $6,600; (4) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the agreement by the City Attorney; and (5) Authorize the Director of Public Works to make changes as necessary within the budget; and Further adding direction to staff to conduct traffic counts within the next 12 months at the same time of the year and the same day of the week as those previously conducted on 16th Street. Motion Keegan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 04-22-08 Page 12401 • (j) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT TO ZONDIROS CORPORATION IN THE AMOUNT OF $130,400 FOR CIP PROJECT NO. 07-423 SEWER IMPROVEMENTS — VARIOUS LOCATIONS; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; APPROVE THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES TO CBM CONSULTING, INC., FOR $21,960 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE AN APPROPRIATION OF $35,000 IN THE 301 CAPITAL IMPROVEMENT FUND; AUTHORIZE A TRANSFER OF $40,000 FROM CIP 07-133 TO CIP 07-423; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES FOR BOTH PROJECTS AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated April 14, 2008. • • Action: To approve the staff recommendation to: (1) Award construction contract to Zondiros Corporation in the amount of $130,400; (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the contract by the City Attorney; (3) Approve the Professional Services Agreement for construction inspection services to CBM Consulting, Inc., for $21,960; (4) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the agreement by the City Attorney; (5) Authorize an appropriation of $35,000 in the 301 Capital Improvement Fund; (6) Authorize a transfer of $40,000 from CIP 07-133 to CIP 07-423; and (7) Authorize the Director of Public Works to make changes for both projects as necessary within the project budget. (k) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE TNT HYDRAULIC RESCUE TOOL ("JAWS") FOR $20,208.45 FROM CALIFORNIA HEALTH & SAFETY INC. OF LONG BEACH, CALIFORNIA. Memorandum from Acting Fire Chief Jerry Gomez dated April 15, 2008. Action: To authorize the purchase of one TNT Hydraulic Rescue Tool ("Jaws") for $20,208.45 from California Health & Safety Inc. of Long Beach, California, as recommended by staff. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and (i) were heard at this time but are shown in order for clarity. City Council Minutes 04-22-08 Page 12402 • • • Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. APPEAL OF PLANNING COMMISSION'S DECISION TO MERGE THE SUBJECT LOTS AT 230 LONGFELLOW AVENUE, COMPRISED OF ONE AND ONE HALF LOTS. Continued from meeting of March 11, 2008. Memorandum from Community Development Director Ken Robertson dated April 15, 2008. City Manager Burrell said the property owner had requested a continuance to the Council meeting of June 10, 2008. The public hearing opened at 7:31 p.m. Coming forward to address the Council on this item was: Eric Lawrence — property owner, said he had a unique situation and asked for a continuance because he had not yet received needed information from the Planning Department; asked about sending the item back to the Planning Commission (City Attorney Jenkins said the item could be referred back only if there is reason to believe that the Commission missed something or made an error). Action: To continue the public hearing to the meeting of June 10, 2008, per the owner's request. Motion Tucker, second Keegan. The motion carried by a unanimous vote. b. APPEAL OF PLANNING COMMISSION'S DECISION TO MERGE THE SUBJECT LOTS AT 315 24TH STREET, COMPRISED OF TWO LOTS. Continued from meeting of March 11, 2008. Memorandum from Community Development Director Ken Robertson dated April 15, 2008. Supplemental email from property owner received April 21, 2008. City Manager Burrell said the property owner had requested a continuance to the Council meeting of June 10, 2008. Action: To continue the public hearing to the meeting of June 10, 2008, per the owner's request. Motion Tucker, second Keegan. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. FIRE DEPARTMENT STAFFING & MANAGEMENT. Memorandum from City Manager Stephen Burrell dated April 8, 2008. This item was removed from the agenda. City Council Minutes 04-22-08 Page 12403 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. AB2780 (LIEU) - LETTER OF SUPPORT. Memorandum from City Manager Stephen Burrell dated April 17, 2008. Supplemental letter received April 22. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve a letter of support for AB2780 (Lieu) that would protect cities from having to pay damages for lost profits resulting from initiatives passed by the voters. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated April 16, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To dissolve the St. Patrick's Day Council subcommittee and approve the remaining Committee assignments without change. Motion Keegan, second Bobko. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilman Keegan to add an item to the engineering scheme bid and instructions to include alternate pricing for a Pier Ave. reconstruction that does not move the curb line. This would allow the City Council and staff the ability to see how much the movement of these sidewalks affect the total cost of the project. To do this costing exercise later in the bidding process overrun would add a great deal of additional time and cost. Therefore, the time to add this to the scope of engineering work is now. This would by no means change the original scope of the approved project design, only give the council more information and be prudent planning procedure. City Manager Burrell and City Attorney Jenkins responded to Council questions. After Council discussion, Councilmember Keegan restated his request to ask for a discussion of a review of the design after it is 25% complete. III Action: To agendize the item for a future Council meeting. Motion Keegan, supported by Mayor Reviczky and DiVirgilio. City Council Minutes 04-22-08 Page 12404 • ADJOURNMENT — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Steve Hartt, Ozzie Cadena, and Roy Knabe on Tuesday, April 22, 2008, at the hour of 7:59 p.m. to the Regular Meeting of May 13, 2008. at 7:10 p.m. • • ty City Clerk City Council Minutes 04-22-08 Page 12405 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Il Hermosa Beach, California, held on Wednesday, April 30, 2008, at the hour of 7:07 • • p.m ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES OF THE CLOSED SESSION MEETING HELD ON APRIL 8, 2008 2. 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: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 30, 2008, at the hour of 8:25 p.m. to the Regular meeting of May 13, 2008, at 7:10 p.m. City Council Special Meeting Minutes 04-30-08 Page 12406 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, May 13, 2008, at the hour of 6:03 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Tucker, Mayor Reviczky Absent: Keegan ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: a. Approval of minutes of Closed Session meeting of April 22, 2008 b. Approval of minutes of Closed Session meeting of April 30, 2008. 2. 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: Case Number: Macpherson v. City of Hermosa Beach BCI72546 ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 2008, at the hour of 7:13 p.m. to the Regular meeting of the same date, scheduled to begin at 7:10 p.m. City Clerk City Council Special Meeting Minutes 05-13-08 Page 12407 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 13, 2008, at the hour of 7:22 p.m. • • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. PLEDGE OF ALLEGIANCE — Annie Seawright ROLL CALL: Present: Bobko, DiVirgilio, Tucker, Mayor Reviczky Absent: Keegan ANNOUNCEMENTS — Councilmember Tucker announced a Hermosa Beach Little League fundraiser at Pier Plaza on Saturday, May 17, and invited the community to participate. Steve Cannella announced that signups for summer programs and excursions would begin May 17, from 11 a.m. to 1 p.m., at the Community Center, and urged everyone to get involved in City programs. PROCLAMATIONS / PRESENTATIONS NATIONAL PUBLIC WORKS WEEK MAY 18-24, 2008 Mayor Reviczky read and presented a proclamation to Public Works Director Rick Morgan and Public Works Chair Dan Marinelli, thanking them for the dedication of their staff and commissioners. Director Morgan thanked his staff and invited everyone to watch the Public Works parade of City vehicles at 10 a.m. on Thursday, May 22, on Valley Drive from the City Yard to City Hall and then west on Pier Avenue to Manhattan Avenue. FOSTER CARE MONTH MAY 2008 Mayor Reviczky said the City's proclamation would be sent to the County declaring the month of May as Foster Care Month. PRESENTATION OF A CHECK FROM THE HERMOSA BEACH HISTORICAL SOCIETY TO THE CITY OF HERMOSA BEACH FOR THE SURFERS' WALK OF FAME Rick Koenig, Steve Cannella and Annie Seawright presented a check for $2,694 from the Historical Society to the City in support of the Surfers' Walk of Fame. Mr. City Council Minutes 05-13-08 Page 12408 • • Koenig praised Mr. Cannella and Ms Seawright for their hard work for the Walk of Fame event. PRESENTATION OF A CHECK FROM SPYDER TO THE CITY OF HERMOSA BEACH FOR THE SURFERS' WALK OF FAME There was no representative from Spyder Surf present. CLOSED SESSION REPORT FOR MEETING OF APRIL 30, 2008: Regarding Macpherson Oil v. City of Hermosa Beach, Case Number BC172546, the City Council voted to approve the filing of an appeal of the denial of the City's writ with the California Supreme Court. CLOSED SESSION REPORT FOR MEETING OF MAY 13, 2008: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two written communications. (a) Letter from Gary Mallette dated April 17, 2008 regarding the Upper Pier Avenue Committee. No one came forward to address the Council on this letter. (b) Letter from Howard Longacre dated May 5, 2008 regarding inaction by City to reasonably minimize a "Santa Monica Farmers' Market" event at Pier Plaza; Pier/Hermosa intersection pedestrian "scramble" crossing susceptibility to such event; and absence of timely repair of intersection signal safety lighting in the City. Supplemental letter received from Howard Longacre May 12, 2008. No one came forward to address the Council on this letter. Coming forward to address the Council under oral communications were: George Schmeltzer — Chair of the Emergency Preparedness Committee, reminded residents to complete the emergency preparedness survey on the City's website to determine a baseline of preparedness; said residents would be asked later to provide information to see what progress has been made; No name given — Hermosa Beach, reported on the tenth meeting of the Restaurant Association on May 6 at which the community was invited to share concerns with the Association and work together to solve City Council Minutes 05-13-08 Page 12409 • downtown bar problems; said additional information was available online at www.thisishermosa.com; and Jan Brittain — Hermosa Beach, invited the community to the Garden Club's Plant Sale on Saturday, May 31, from 9 a.m. to 1 p.m. at the Clark Building; said plants are grown in Hermosa Beach and sold at a reasonable price, with funds supporting conservation groups and community gardens. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (b) Mayor Reviczky and (I) DiVirgilio. Motion Tucker, second Bobko. The motion carried, noting the absence of Keegan. (a) RECOMENDATION TO RECECIVE AND FILE MEMO FROM CITY CLERK REGARDING MINUTES: Action: To receive and file the City Clerk's memo. (Keegan absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51608 0 THROUGH 51866, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 44747 and 50729, AS RECOMMENDED BY THE CITY TREASURER. • Action: To ratify the check register as presented. (Keegan absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (Keegan absent) (d) RECOMMENDATION TO ACCEPT DONATIONS OF $300 FROM THE HERMOSA BEACH HISTORICAL SOCIETY TO BE USED FOR THE SURFERS' WALK OF FAME; $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE PURCHASE OF DIGITAL CAMERAS FOR THE POLICE DEPARTMENT; AND, $1,600 FROM G. A. NIGOLIAN TO BE USED FOR A MEMORIAL BENCH FOR KARNIG NIGOLIAN. Memorandum from Finance Director Viki Copeland dated May 5, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 05-13-08 Page 12410 • Action: To accept the following donations: - $ 300 from the Hermosa Beach Historical Society to be used for the Surfers' Walk of Fame; - $2,000 from the Woman's Club of Hermosa Beach to be used for the purchase of digital cameras for the Police Department; and - $1,600 from G. A. Nigolian to be used for a memorial bench for Karnig Nigolian. Motion Mayor Reviczky, second Bobko. The motion carried, noting the absence of Keegan. (e) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF FIREFIGHTER SAFETY TURNOUTS FOR $14,773.88 FROM L.N. CURTIS & SONS, 2600 E. EIGHTH STREET, LOS ANGELES, CA 90023, SOLE VENDOR FOR GLOBE FIREFIGHTING SUITS PRODUCTS. Memorandum from Interim Fire Chief Jerry Gomez dated May 6, 2008. (f) (g) Action: To authorize the purchase of firefighter safety turnouts for $14,773.88 from L.N. Curtis & Sons of Los Angeles, sole vendor for Globe Firefighting Suits products. (Keegan absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE JOINT MEETING OF THE PUBLIC WORKS COMMISSION AND THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 16, 2008. Action: To receive and file the action minutes of the joint meeting of the Public Works Commission and the Parks, Recreation and Community Resources Advisory Commission meeting of April 16, 2008. (Keegan absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF APRIL 7, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of April 7, 2008. (Keegan absent) (h) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated May 7, 2008. Action: To receive and file report of Customer Service Surveys/Complaints. (Keegan absent) RECOMMENDATION TO AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 07-133 VARIOUS LOCATIONS TO COPP CONTRACTING, INC. OF BUENA PARK, City Council Minutes 05-13-08 Page 12411 • • CALIFORNIA IN THE AMOUNT OF $927,720; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; APPROVE THE ALLOCATION OF $400,000 OF PROP 1B FUNDS FOR THIS PROJECT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE ORDERS WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated May 6, 2008. Supplemental information from staff (inserting missing last line on page one of staff report) and letter from Howard Longacre received May 12, 2008. Action: To continue the item to the next Council meeting on May 27, 2008, and direct staff to return with details of changes made to the list of streets being repaired, as discussed at last year's budget workshop. Motion DiVirgilio, second Mayor Reviczky . The motion carried, noting the dissenting vote of Tucker and the absence of Keegan. (j) RECOMMENDATION TO APPROVE PURCHASE IN THE AMOUNT OF $16,911.11 FOR GE LUMINATION LED MODULES FOR TRAFFIC SIGNALS CITYWIDE TO JAM SERVICES OF SANTA ANA, CALIFORNIA; MAKE A FINDING THAT IT IS IN THE CITY'S BEST INTEREST TO APPROVE THE SELECTION OF JAM SERVICES TO PROVIDE THIS EQUIPMENT BASED UPON "PIGGYBACKING" ON CONTRACT UNIT PRICES COMPETITIVELY BID WITH THE CITY OF BEVERLY HILLS; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Richard Morgan dated May 5, 2008. Action: To approve the staff recommendation to: (1) Approve purchase in the amount of $16,911.11 for GE Lumination LED Modules for traffic signals citywide to JAM Services of Santa Ana, California; (2) Make a finding that it is in the City's best interest to approve the selection of JAM Services to provide this equipment based upon "piggybacking" on contract unit prices competitively bid with the City of Beverly Hills; and (3) Authorize the Director of Public Works to make changes as necessary within the budget. (Keegan absent) At: 7:33 p.m., the order of the agenda was suspended to go to public hearing items 5 (a) and (b). 3. CONSENT ORDINANCES - None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 05-13-08 Page 12412 • • Items 2(b) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER A PROPOSAL TO EXTEND THE ENFORCEMENT HOURS IN THE PREFERENTIAL PARKING DISTRICT. Memorandum from City Manager Stephen Burrell dated May 7, 2008. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:58 p.m. Coming forward to address the Council on this item were: Kerry Rosell — Hermosa Beach Parking Enforcement employee, discussed complications of employee shift changes if this proposal were to be implemented; Shawn Darcy — Hermosa Beach, said since moving to the Strand, his family has had to keep the windows closed during the warm summer months because of noise from people parked on Hermosa Avenue; said litter and broken beer bottles were also problems; said parking enforcement could generate more revenue than needed to pay for the additional hours worked by staff; said that area should be increased to include Second Street; Alex Flanders — Hermosa Beach, said his windows also had to be kept closed during the summer; said he strongly supported this proposal to extend enforcement hours for parking; and Eric Lawrence — Hermosa Beach, said he originally opposed this proposal but listening to previous speakers has made him aware of problems which might be alleviated with longer parking enforcement hours. The public hearing closed at 8:17 p.m. Action: To continue the item and mail meeting notices to all residents with parking permits. Motion Tucker, second Bobko. The motion carried, noting the absence of Keegan. b. ZONE CHANGE FROM R -1A (TWO UNITS PER LOT ZONE) TO A SPECIFIC PLAN AREA (SPA)ZONE INCORPORATING ALL THE R -1A STANDARDS INCLUDING THE DENSITY STANDARD OF 3,350 SQUARE FEET OF LOT AREA PER UNIT, BUT TO EXCLUDE THE SPECIFIC RESTRICTION OF TWO UNITS PER LOT, IN CONNECTION WITH A FOUR -UNIT CONDOMINIUM PROJECT. THE ZONE CHANGE IS BEING REQUESTED SO THE TWO EXISTING 35 -FOOT WIDE LOTS ON 21ST City Council Minutes 05-13-08 Page 12413 • • • STREET CAN BE COMBINED FOR THE DEVELOPMENT OF FOUR DETACHED UNITS WITH ACCESS FROM A SHARED DRIVEWAY ALONG THE SIDE, RATHER THAN THE DEVELOPMENT OF FOUR UNITS WITH SEPARATE TWO -UNIT PROJECTS FRONTING ON 21ST STREET, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 719 AND 725 21ST STREET. Memorandum from Community Development Director Ken Robertson dated May 6, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:24 p.m. Coming forward to address the Council on this item was: Brad Scott — President of Urban Pointe, developer of this property and a Hermosa Beach resident, said this request was to combine two lots and build four separate units; said the goal was to create a feeling of open space like that of single family residences. The public hearing closed at 8:29 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1293, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM R -1A TO "SPECIFIC PLAN AREA NO. 10" AT 719 AND 725 TWENTY-FIRST STREET, LEGALLY DESCRIBED AS LOTS 23 AND 24, HERMOSA VIEW TRACT NO. 1, AND AMENDING THE MUNICIPAL CODE TO INCORPORATE THE R -1A STANDARDS IN SAID ZONE BUT EXCLUDING THE SPECIFIC RESTRICTION OF TWO UNITS PER LOT, AND ADOPTING A NEGATIVE DELARATION." Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Keegan. 6. MUNICIPAL MATTERS a. CONCERT SERIES PROPOSAL — SUMMER 2008. Memorandum from Community Resources Director Lisa Lynn dated April 17, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the proposed 2008 Concert Series for entertainment venue, scheduled to take place on the beach south of the Pier at 6 p.m. on Sunday July 20, July 27 and August 3, 2008. Motion Tucker, second Bobko. The motion carried, noting the absence of Keegan. City Council Minutes 05-13-08 Page 12414 b. TREE PRESERVATION ON PRIVATE PROPERTY. Memorandum from • Community Development Director Ken Robertson dated May 7, 2008. Supplemental email from J. Easton received on May 12, 2008. • • Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Ann Maynard — said she supported tree preservation but also homeowner rights and felt there should be no City policy regarding trees on private property; Lisa Ryder — Hermosa Beach, supported a City ordinance requiring the replacement of trees removed on private property; said commercial developments should be required to plant trees other than palm trees, which are actually grasses and provide none of the benefits of trees; said because Hermosa is designated a "cool city," there should be recognition of the importance of trees, but felt without a requirement, voluntary action would not suffice; Dency Nelson — Hermosa Beach, Residential Building Green Committee Chair, said he had mixed feelings about an ordinance controlling trees on private property because he also recognized the importance of property owners making their properties safe and supporting "cool city" measures; said he supported the replacement of trees removed; and Eric Lawrence — Hermosa Beach, said it was important for the City to have trees in the parks and on the Greenbelt, but on private property there were often safety and health reasons for removing trees, such as leaves clogging drains, rats hiding in the branches, etc. Action: To direct staff to refer this issue to the Planning Commission to develop a procedure to encourage replacement of trees destroyed on private properties in the R-1 zone but stop short of making it a requirement and to not make a tree inventory necessary. Motion Bobko, second Tucker. The motion carried, noting the absence of Keegan. c. "DOWNTOWN" CRIME AND RELATED ENFORCEMENT ISSUES. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Eric Lawrence — Hermosa Beach, said it was curious that disturbance of the peace could not be cited by a Police Officer witnessing it himself (Chief Savelli replied that there had to be "victim" willing to submit a complaint). City Council Minutes 05-13-08 Page 12415 • • • Proposed Action: To receive and file the report. Motion Tucker. The motion died for lack of a second. Action: To direct staff to return with a proposal and cost estimate for increased downtown weekend enforcement as proposed by Chief Savelli's staff report. Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Councilmember Keegan. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSITION 98. Memorandum from City Manager Stephen Burrell dated May 5, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6587, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN OPPOSITION TO PROPOSITION 98." Motion Bobko, second Tucker. The motion carried, noting the absence of Keegan. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 2008, at the hour of 9:37 p.m. to the Regular Meeting of May 27, 2008, at 7:10 p.m. Deputy City Clerk City Council Minutes 05-13-08 Page 12416 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 27, 2008, at the hour of 7:12 p.m. • PLEDGE OF ALLEGIANCE — Alan Dettelbach ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Tucker suggested that everyone look at the Upper Pier banners made by local school children; said after some Cal Trans delays the traffic signal at Pacific Coast Highway and Sixteenth Street had been repaired; invited the community to the May 31 Artwalk fundraiser with silent and live auctions from 5 p.m. to 8:30 p.m. at Saint Rocke with tickets at $30 per person. Councilmember Keegan announced the AVP Tournament on June 5-7 north of the Pier with many local residents participating in the volleyball event. City Clerk Doerfling reported on the excellent sessions she attended at the recent International Municipal Clerks Association conference in Atlanta, particularly those related to permanent record preservation and disaster planning, noting that she had been reimbursed by the City for most of her conference expenses. PROCLAMATIONS / PRESENTATIONS PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE HERMOSA BEACH WOMAN'S CLUB ART SHOW AWARD WINNERS Mayor Reviczky and Woman's Club representative Sienna Tucker awarded certificates to the local children who were winners of the annual Woman's Club Art Show, noting that some of them had gone on to win at the state level. City Manager Burrell introduced new interim fire chief Steve Parker and summarized his background with various cities. Chief Parker thanked the City for the opportunity and said he is happy to serve the City. CLOSED SESSION REPORT FOR MEETING OF MAY 13, 2008: No reportable actions. PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS City Council Minutes 05-27-08 Page 12417 • There were no written communications at the time the agenda was posted but the following supplemental written communication was received by Howard Longacre on May 27, 2008. Letter from Howard Lonqacre re 5122/08 Los Angeles Times story regarding Santa Monica Farmers' Market settlement by the City of Santa Monica. Action: To receive and file the letter. Motion Tucker, second Keegan. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, asked the Council to cease the unhealthy use of diesel fuel for buses and generators used for the Fiestas. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Mayor Reviczky, (h) DiVirgilio, and (k) Keegan. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1 Regular meeting held on April 8, 2008; and 2. Special Regular meeting held on April 22, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of April 8, 2008, and the Special Regular meeting of April 22, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 51867 THROUGH 52014, AND TO APPROVE THE CANCELLATION OF CHECK NO. 51086, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the April 2008 financial reports: City Council Minutes 05-27-08 Page 12418 • • • (e) RECOMMENDATION TO ACCEPT DONATIONS OF $2,684 FROM THE HERMOSA BEACH HISTORICAL SOCIETY TO BE USED FOR THE SURFERS' WALK OF FAME; AND, $2,500 FROM SPYDERSURF.COM TO BE USED FOR THE SURFERS' WALK OF FAME. Memorandum from Finance Director Viki Copeland dated May 15, 2008. (f) (g) This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $2,684 from the Hermosa Beach Historical Society to be used for the Surfers' Walk of Fame; and - $2,500 from Spydersurf.com to be used for the Surfers' Walk of Fame Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote RECOMMENDATION TO RECEIVE AND FILE REPORT FROM CITY TREASURER JOHN WORKMAN REGARDING HIS ATTENDANCE AT THE 49TH ANNUAL CALIFORNIA MUNICIPAL TREASURER'S CONFERENCE, APRIL 21-25, 2008. Action: To receive and file the report from City Treasurer John Workman regarding his attendance at the 49th Annual California Municipal Treasurer's Conference, April 21-25, 2008. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated May 19, 2008. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2008. (h) RECOMMENDATION TO AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 07-133 VARIOUS LOCATIONS TO COPP CONTRACTING, INC. OF BUENA PARK, CALIFORNIA IN THE AMOUNT OF $927,720; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; APPROVE THE PLAN TO USE PROP 1B FUNDING AND APPROPRIATE THE FUNDS AND ASSOCIATED REVENUE FOR THIS PROJECT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE ORDERS WITHIN THE APPROVED BUDGET. Continued from June 10, 2008. Memorandum from Public Works Director Richard Morgan dated May 20, 2008. Supplemental information received from Director Morgan on May 27, 2008. City Council Minutes 05-27-08 Page 12419 • (i) • • This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting in order to thank staff for promptly providing the additional information he had requested at the last meeting and to request that a street repair matrix be placed on the Public Works section of the City's website. Action: To approve the staff recommendation to: 1) Authorize award of a construction contract for CIP Project No. 07-133 Various Locations to Copp Contracting, Inc. of Buena Park, California in the amount of $927,720; 2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval of the City Attorney; 3) Approve the plan to use Prop 1B funding and appropriate the funds and associated revenue for this project; and 4) Authorize the Director of Public Works to approve change orders within the approved budget. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2008-2009 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 08-6584; ADOPT A RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 THROUGH JUNE 30, 2009; AND SETTING JUNE 24, 2008 TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated May 2, 2006. Action; To approve the staff recommendation to: (1) Adopt Resolution No. 08-6588, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2008-2009." and (2) Adopt Resolution No. 08-6589, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2008-2009 FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 30, 2009, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATIONS HERETO." City Council Minutes 05-27-08 Page 12420 • (j) RECOMMENDATION TO ACCEPT THE WORK BY VASILJ CONSTRUCTION, INC. FOR CIP PROJECT NO. 05-413 SEWER IMPROVEMENTS — VARIOUS LOCATIONS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO VASILJ CONSTRUCTION, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated May 20, 2008. Action: To approve the staff recommendation to: (1) Accept the work by Vasilj Construction, Inc. for CIP Project No. 05-413 Sewer Improvements — Various Locations; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Vasilj Construction, Inc. (10% retained for 35 days following filing of Notice of Completion). (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 20, 2008. • (I) (m) • This item was removed from the consent calendar by Councilmember Keegan in order to ask for a review and reconsideration of the Commission's approval of a project at 205 Pier Avenue. City Manager Burrell said the Planning Commission had not yet taken final action of adopting the resolution, so the project was not eligible for review and reconsideration at this time. Action: To receive and file the action minutes of the Planning Commission meeting of May 20, 2008. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 21, 2008. Action: To receive and file the action minutes of the Public Works Commission meeting of May 21, 2008. RECOMMENDATION TO ADOPT A RESOLUTION RECOGNIZING THE HERMOSA BEACH PROFESSIONAL ENGINEERS BARGAINING GROUP. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 22, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6590, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOGNIZING THE HERMOSA BEACH PROFESSIONAL ENGINEERS ASSOCIATION AS THE City Council Minutes 05-27-08 Page 12421 • BARGAINING UNIT FOR EMPLOYEES IN THE CLASSIFICATIONS OF ASSISTANT ENGINEER AND ASSOCIATE ENGINEER." At 7:26 p.m. the order of the agenda moved to item 4. 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1293 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM R -1A TO "SPECIFIC PLAN AREA NO. 10" AT 719 AND 725 TWENTY- FIRST STREET LEGALLY DESCRIBED AS LOTS 23 AND 24, HERMOSA VIEW TRACT NO. 1, AND AMENDING THE MUNICIPAL CODE TO INCORPORATE THE R -1A STANDARDS IN SAID ZONE BUT EXCLUDING THE SPECIFIC RESTRICTION OF TWO UNITS PER LOT, AND ADOPTING A NEGATIVE DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated May 21, 2008. Action: To continue the item to the next City Council meeting of June 10, 2008, with direction to staff to confirm specific language. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION Items) 2(e), (h) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CONSIDER PROPOSAL TO EXTEND ENFORCEMENT HOURS IN THE PREFERENTIAL PARKING DISTRICT. Continued from meeting of May 13, 2008. Memorandum from City Manager Stephen Burrell dated May 20, 2008. Supplemental letter from A. Colavito received on May27, 2008. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item were: Alex Manners — Hermosa Beach, supported the change in enforcement hours from 10:00 p.m. to midnight because noise from people returning to their cars late at night disturbed the sleep of his children; Laura Oczachowski — Hermosa Beach, suggested more yellow meters for resident use because even though she has a parking permit, there is City Council Minutes 05-27-08 Page 12422 • usually no residential parking available after 8:00 p.m. when she comes home from work; Christy McCartney — Hermosa Beach, agreed with the previous speaker that most of the residential parking spaces are filled by the time she comes home from work; preferred that the City provide more parking for residents and less parking for businesses; Anne Sullivan — Hermosa Beach, spoke in favor of the change, stating that the City needed to take care of its residents, not the businesses; Alysa Brennan — Hermosa Beach, supported the change but said the area should be expanded so adjacent areas are not adversely affected; also favored charging an increased fee for residents purchasing a second permit and requiring residents to buy a second permit when they have a large vehicle which takes more than one space; Lisa Ryder — Hermosa Beach, agreed that the area should be expanded to avoid impacting the surrounding areas; suggested expanding north to Circle Drive and further south as well; Mike Mulligan — Hermosa Beach, said he supported the change from 10 p.m. to midnight but would like more yellow post meters for residents and a change in the 12 -hour parking on Valley Drive to 24-hour parking; Judy Luce — Hermosa Beach, supported the change because she had to park far from her home when she came home from work late; Dency Nelson — spoke in favor of the change but urged the Council to make sure this did not push the problem into adjacent neighborhoods; Greg Morrow — Hermosa Beach, supported the change but also suggested requiring permits for the 12 -hour parking spaces on Valley; and Mike Pollack — Hermosa Beach, said he parks at silver meters after 10 p.m. when residents are allowed to use them but would have to search for parking even further from his residence if enforcement is changed to midnight. The public hearing closed at 8:00 p.m. Action: To direct staff to (1) prepare, for Council adoption at a future meeting, a resolution approving the proposal to extend the parking enforcement hours to midnight in non -metered and yellow -metered areas; and (2) agendize for a future Council meeting a discussion of possible changes to the silver -metered areas and increases to preferential parking permit fees for multiple vehicles. Motion Keegan, second Bobko. The motion carried, noting the dissenting vote of Mayor Reviczky. City Manager Burrell said he would bring back the garage issue discussed this evening as a separate matter. b. RENEWAL OF AN AMENDMENT TO THE CERTIFIED COASTAL LAND USE PLAN (LUP) TO CONTINUE REDUCED PARKING REQUIREMENT FOR OFFICE AND RETAIL USES IN THE DOWNTOWN. Memorandum from Community Development Director Ken Robertson dated May 21, 2008. City Council Minutes 05-27-08 Page 12423 • Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:29 p.m. Coming forward to address the Council on this item were: Anne Sullivan — Hermosa Beach, said the parking situation downtown continues to worsen on the weekends, with people standing in open parking spaces to hold them and fist fights ensuing; Jim Lissner — Hermosa Beach, suggested increasing the parking ratio for retail but not office use; said spaces used for businesses during the day could have other uses at night; Dorothy Kenney — Hermosa Beach, agreed that new office condo parking spaces could be used for other vehicles at night; and Mike Mulligan — Hermosa Beach, said office use has less parking impact than retail; suggested the use of summer shuttle buses as at the Fiestas. The public hearing closed at 8:31 p.m. Proposed Action: To direct staff to change the parking ratio back to 4 spaces per 1,000 square feet of floor area for retail and office uses. Motion Keegan, second DiVirgilio. The motion was subsequently withdrawn. Proposed Action: To direct staff to do nothing with regard to this matter. Motion Bobko, second Tucker. The motion was subsequently withdrawn. Action: To direct staff to write a letter to the Coastal Commission requesting a one-year extension to allow the City the opportunity to evaluate four significant projects and to gather information for preparation of a Specific Plan Area. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. SUPPLEMENTAL ENFORCEMENT OPTIONS. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Judy Holman — Hermosa Beach, said controlling the speeding traffic on Hermosa Avenue was more important than citing for open containers of alcohol or littering of empty beer bottles and cups; Gene Dreher — Hermosa Beach, said the additional enforcement would require overtime because the Police Department is understaffed; said the Council should not micromanage the Police Chief's job; City Council Minutes 05-27-08 Page 12424 • Anne Sullivan — said Chief Savelli was doing a fantastic job; did not think crossing against the red light on Hermosa Avenue was the major problem; said she was more concerned with drugs and people carrying open containers of alcohol; Jim Lissner Hermosa Beach, suggested using personnel less expensive than police officers for handling problems such as picking up litter, as a tidy appearance might discourage littering, and improved landscaping might also encourage people to keep the area looking nice; said public urination would be lessened by more public rest rooms; and Mike Mulligan — Hermosa Beach, said it was often hard for drivers to see pedestrians; suggested blinking lights in crosswalks when pedestrians were present might improve safety. Action: To approve the increased enforcement proposed in the staff report, with an allocation of $10,080 to cover anticipated overtime costs, and with the preparation of written monthly reports. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER -None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None • 9. OTHER MATTERS - CITY COUNCIL Request by Mayor Reviczky to change the start time of City Council meetings from 7:10 p.m. to 7:00 p.m. since there was no longer a conflict with cable television programming. Action: Mayor Reviczky directed, with the consensus of the City Council, that staff prepare for Council adoption at a future meeting the document necessary to change the start time of City Council meetings from 7:10 p.m. to 7:00 p.m. ADJOURNMENT — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 27, 2008, at the hour of 9:32 p.m. to the Special/Adjourned Regular meeting of May 29, 2008, at 7:10 p.m., for the purpose of conducting a budget workshop. • City Clerk / D-puty City Clerk City Council Minutes 05-27-08 Page 12425 • MINUTES OF THE SPECIAL/ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 29, 2008, at the hour of 7:12 p.m. • • PLEDGE OF ALLEGIANCE — Ken Robertson ROLL CALL. Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None 1. PRELIMINARY BUDGET REVIEW. Supplemental correspondence from Howard Longacre and Jim Lissner, both received May 29, 2008. a. Overview of Budget Changes b. Overview of Revenue Changes c. Review of Department Expenditures Finance Director Copeland made a PowerPoint presentation, providing information on General Fund revenues and appropriations, and responded to Council questions. City Manager Burrell responded to Council questions about the proposed fee to recover the cost of street sweeping and other proposed revenue increases (business license application and renewal fees, parking fines and recreational fees), and said he would provide additional information concerning Special Event fee waivers. There was Council consensus to increase street sweeping citations from $25 to $30, and to increase the remaining parking fines (red zone, time limit and expired meter) from $35 to $45. Staff was requested by Council to include in the budget the cost of the shuttle for the July 5-6, 2008, Port Call, with the use of Proposition A Transit Funds. Council discussion also included (1) recovery by the City of the full cost of passport processing in fees; (2) the City's use of MasterCard/Visa charges; (3) the cost of ammunition for Arson Investigation Training; (4) the Lot A operator costs; (5) the expiration of the Parking Concepts contract; (6) trash enclosures; (7) street repairs; and (8) Clark field. City Manager Burrell said he would provide responses to Council questions at the meeting of June 10, when the budget is presented for public hearing and Council adoption. Action: To approve the proposed budget changes and revenue increases, with parking fines as adjusted by the Council this evening, and direct staff to bring the document back for final approval on June 10, 2008. City Council Minutes 05-29-08 Page 12426 Motion Keegan, second Tucker. The motion carried, noting the dissenting • votes of Bobko and DiVirgilio. • • ADJOURNMENT - The Special/Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 29, 2008, at the hour of 9:14 p.m. to the Regular Meeting of Tuesday, June 10, 2008, at the hour of 7:10 p.m. City Council Minutes 05-29-08 Page 12427 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, June 10, 2008, at the hour of 6:05 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES OF MAY 13, 2008 CLOSED SESSION MEETING 2. 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 b. Anticipated Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Fire Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Group Unrepresented employees ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 10, 2008, at the hour of 7:00 p.m. to the Regular meeting of the same date, scheduled to begin at 7:10 p.m. , City Clerk City Council ' :ecial Ming Minutes 06-10-08 Page 12428 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 10, 2008, at the hour of 7:15 p.m. • • PLEDGE OF ALLEGIANCE — Peter Hoffman ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Tucker reminded everyone about the Art Walk event on the Community Center lawn at Pier and Pacific Coast Highway on Saturday, June 21, from 10 a.m. to 6 p.m. Mayor Reviczky asked that the meeting be adjourned in memory of Inglewood Police Officer David Frizelle. PRESENTATIONS CERTIFICATES OF RECOGNITION TO THE MEMBERS AND COACHES OF THE SOUTHERN SECTION CHAMPION MIRA COSTA BOYS' VOLLEYBALL TEAM Mayor Reviczky, with assistance by Mira Costa High School Coach Michael Cook, presented the certificates and City pins to all recipients. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Sherry Kramer — Richstone Family Center, said the recent walk between the piers of Manhattan Beach and Hermosa Beach raised over $200,000; presented a letter of thanks to the City for support of the event as well as a plaque featuring a drawing by one of the Richstone children; Jim Lissner — Hermosa Beach, asked the Council to give financial assistance to the School District, which is in desperate need of $1.6 million; said the City has $22 million in the bank and cuts could also be made in the City budget, such as trimming the UPAC project; Nicole Sirote — Project Touch, described their work with troubled teenagers; said their April 30 Comedy Club benefit raised $14,000 and noted future fundraisers; said she also represented Education First, which was seeking host families for Beijing teenagers from July 13 through August 2; said those interested could call her at 714-797-6076; and City Council Minutes 06-10-08 Page 12429 • • Ken Taylor — Hermosa Beach, asked the City Council what he needed to do to make legal his annual Fourth of July Margarita Wresting event on the beach; said the event benefitted breast cancer research. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Mayor Reviczky . Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on April 22, 2008; 2) Minutes of the Special meeting held on April 30, 2008; and 3) Minutes of the Special meeting held on May 13, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of April 22, 2008, and the Special Meetings of April 30, 2008 and May 13, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52015 THROUGH 52166 AND VOUCHER NOS. 3925211 AND 3927411, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 50562, 50835, 51971 AND 51975, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO APPROVE EXTENDING THE EXISTING CUSTODIAL CONTRACT WITH THE RESOURCE COLLECTION OF HAWTHORNE, CALIFORNIA FOR A PERIOD OF 18 MONTHS. Memorandum from Public Works Director Richard Morgan dated June 2, 2008. Action: To extend the existing Custodial contract with The Resource Collection of Hawthorne, California for a period of 18 months, with no change to the contract amount of $8,917 per month. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 5, 2008. • Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 5, 2008. City Council Minutes 06-10-08 Page 12430 (f) (g) RECOMMENDATION TO ACCEPT DONATIONS OF $538 FROM ANONYMOUS DONORS TO BE USED FOR THE HERMOSA BEACH NEIGHBORHOOD WATCH PROGRAM; AND $1,600 FROM GEOFFREY KELSCH TO BE USED FOR A MEMORIAL BENCH FOR ANDREW CHOU. Memorandum from Finance Director Viki Copeland dated June 2, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: ➢ $ 538 from anonymous donors to be used for the Hermosa Beach Neighborhood Watch program; and ➢ $1,600 from Geoffrey Kelsch to be used for a memorial bench for Andrew Chou. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated June 3, 2008. • Action: To receive and file the report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF NECESSARY FIRE HOSE FROM L.N. CURTIS & SONS, LOS ANGELES, CALIFORNIA IN THE AMOUNT OF $11,500. Memorandum from Interim Fire Chief Steven Parker dated June 3, 2008. (i) Action: To authorize the purchase of necessary fire hose from L.N. Curtis & Sons of Los Angeles, California, in the amount of $11,500. RECOMMENDATION TO ADOPT RESOLUTION ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE CITY COUNCIL AS 7:00 P.M. Memorandum from City Manager Stephen Burrell dated June 4, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6591, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE HERMOSA BEACH CITY COUNCIL." • (j) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 4, 2008. City Council Minutes 06-10-08 Page 12431 • • • Claimant: Date of Loss: Date Filed:. Allegation: Geroch, Peter 03-22-08 05-29-08 Personal Injury Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (k) RECOMMENDATION TO ADOPT A RESOLUTION CHANGING THE ENFORCEMENT HOURS FROM 10:00 P.M. TO 12:00 MIDNIGHT IN ALL REGULATED AREAS IN THE PREFERENTIAL PARKING DISTRICT AND YELLOW METERS. Memorandum from City Manager Stephen Burrell dated June 4, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6592, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ENFORCEMENT HOURS IN THE PREFERENTIAL PARKING DISTRICT FROM 10:00 P.M. TO 12:00 MIDNIGHT, INCLUDING YELLOW METERS." 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1293 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM R -1A TO "SPECIFIC PLAN AREA NO. 10" AT 719 AND 725 TWENTY-FIRST STREET LEGALLY DESCRIBED AS LOTS 23 AND 24, HERMOSA VIEW TRACT NO. 1, AND AMENDING THE MUNICIPAL CODE TO INCORPORATE THE R -1A STANDARDS IN SAID ZONE BUT EXCLUDING THE SPECIFIC RESTRICTION OF TWO UNITS PER LOT, AND ADOPTING A NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated June 2, 2008. City Clerk Doerfling said the ordinance was introduced at the May 13 meeting and referred back to staff at the following meeting for language clarification, which staff has confirmed, and is presented this evening for adoption. Community Development Director Robertson explained that excluding the two -units -per -lot restriction (as stated in the ordinance title) made possible the construction of four units mentioned in the body of the ordinance. Action: To waive full reading and adopt Ordinance No. 08-1293. Motion Tucker, second Keegan. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None City Council Minutes 06-10-08 Page 12432 • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • • DISCUSSION Item 2(f) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. 2008-2009 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2008-2009 BUDGET. Memorandum from Finance Director Viki Copeland dated May 29, 2008. (2) ADOPTION OF 2008-2009 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 2, 2008. Finance Director Copeland presented the staff report and responded to Council questions, clarifying that the City money mentioned by Mr. Lissner was primarily restricted funds to be used for specific expenditures only. City Attorney Jenkins said public schools were funded by the State and were not the responsibility of municipal government; said it would be a violation of constitutional rules for the City to give money to the School District without getting something back to directly benefit the citizens, just as it would be a violation if the School District were to fund public safety or litigation costs. City Manager Burrell said the City does assist the School District by providing crossing guards, use of City rooms, shuttle service to transport children to an after-school program at the park, assistance with carnivals, staff supplies, theater use, training of the NIMS disaster planning program, contribution to Connect -Ed (a notification system for parents), donation of City computers when they are replaced; said the cost of these benefits was about $100,000 per year, with the biggest expense of $77,000 paying for the crossing guards. The public hearing opened at 8:05 p.m. Coming forward to address the Council on this item were: Denise MacRae — Parent Teacher Organization president, said Manhattan Beach gave $520,000 to its schools; said she appreciated the help that the City was already giving to the schools, but additional help was needed since voters rejected the proposed parcel tax; asked for an appropriation of $100,000, noting that the State no longer provides funding for types of programs they want to maintain, like art and music; said she hoped the City Council would continue to meet with the School Board to find a long-term solution; City Council Minutes 06-10-08 Page 12433 • • • Kim Siegrist — Hermosa Beach, thanked the City for contributions made to the schools and thanked the Fire Department for their $1000 donation today; said the Education Foundation and PTO had more fundraisers this year than ever before, raising about $240,000 but the shortfall was still more than $1 million; said many cuts had been made and asked if the City might be able to take over school maintenance costs; suggested a bar/restaurant tax or a transient occupancy tax increase, with that additional money going into an educational fund; Peter Barsuk — Hermosa Beach, said he moved here because of schools for his young children; said he hoped the City Council could find room in their budget for some financial assistance to the schools; Jim Lissner — Hermosa Beach, said Beverly Hills gave $8 million to its School District; suggested cuts in the City's budget as well as an increase to business license fees; Barbara Zondiros — School Board Member, spoke of how parents are helping, including each family giving $750 per student to maintain programs; said there was not wasteful spending within the district; said it would be good for the School Board and the City Council to meet regularly; Barbara Ellman — Hermosa Beach, said she lives near the after-school facility and sees students walking from the school to the center, not being transported by shuttle (City Manager Burrell said the children using the shuttle are from Hermosa View School); Dency Nelson — Hermosa Beach, chair of Hermosa Beach Green Building Committee, said the budget did not include any language about the City becoming a "cool city" although actions regarding lighting or vehicles could ultimately reduce costs for the City; said he hoped the next trash contract would include green waste pickup; Marlene Ramirez — Hermosa Beach, said she is first grade teacher at Hermosa School; thanked the City for its generous support and also appreciated the parents who work so hard to assist the schools; asked the Council to find out how the City of Manhattan Beach was able to contribute funds to their schools; Shirley Cassell — Hermosa Beach, said the street sweeping fee is really a tax; said parking fees were going up but thought it would be better instead to increase the encroachment fees for outdoor dining and outside retail racks on Pier Plaza; and Sharon McClain — Superintendent of Schools, said the schools are in trouble; said she appreciates the money the City currently contributes; hoped cooperation between the School Board and the City Council will provide creative solutions to help the schools through a tough time. The public hearing closed at 8:30 p.m. Proposed Action: To approve the budget and Capital Improvement Programs and review parking citations to be consistent and to be sure the fines are appropriate for the severity of the violation. Motion Tucker, second Mayor Reviczky. This motion was replaced by the following substitute motion. City Council Minutes 06-10-08 Page 12434 • • • Action: To schedule a workshop meeting prior to the June 24 meeting to review the budget, including possible cuts to equal the proposed fees and fee increases, excluding the parking fine increases. Motion Keegan, second Bobko. The motion carried, noting the dissenting vote of Mayor Reviczky. The meeting recessed at 9:30 p.m. The meeting reconvened at 9:40 p.m., continuing with item 5a Action: To adopt the following resolutions: (1) Resolution No. 08-6593, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO"; (2) Resolution No. 08-6594, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ." Motion Keegan, second Tucker. The motion carried by a unanimous vote. Further Action: To approve the staff recommendation to adopt Resolution No. 08-6595, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2008- 2009." Motion Keegan, second Bobko. The motion carried by a unanimous vote. b. APPEAL OF PLANNING COMMISSION'S DECISION TO MERGE THE SUBJECT LOTS AT 230 LONGFELLOW AVENUE, COMPRISED OF ONE AND ONE HALF LOTS. Continued from meetings of March 11, 2008 and April 22, 2008. Memorandum from Community Development Director Ken Robertson dated June 3, 2008. Supplemental letter and supplemental packet of information both received June 10, 2008, from Eric Lawrence. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 10:00 p.m. Coming forward to address the Council on this item was: City Council Minutes 06-10-08 Page 12435 • • • Eric Lawrence — property owner and appellant, exhibited a map and provided details on lot sizes in his neighborhood to substantiate his claim that a merger would cause his lot to be different from others in the immediate area and had the potential to increase rather than decrease density, which he understood was the goal of lot merging; asked the Council to consider that he had owned the lots for 34 years and had been the victim of City restrictions in two earlier instances; said merging the lots was illogical because of the unique circumstances of the properties. The public hearing closed at 10:03 p.m. Action: To approve the Planning Commission recommendation to adopt Resolution No. 08-6596, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, SUSTAINING THE PLANNING COMMISSION DECISION TO MERGE TWO CONTIGUOUS LOTS ON PROPERTY COMMONLY KNOWN AS 230 LONGFELLOW AVENUE, LEGALLY DESCRIBED AS SOUTHEAST 35' OF LOT 8 AND LOT 10, BLOCK 117, SHAKESPEARE TRACT." Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of Mayor Reviczky. c. APPEAL OF PLANNING COMMISSION'S DECISION TO MERGE THE SUBJECT LOTS AT 315 24TH STREET, COMPRISED OF TWO LOTS. Continued from meetings of March 11, 2008 and April 22, 2008. Memorandum from Community Development Director Ken Robertson dated June 3, 2008. Supplemental letter received June 10, 2008 from Margaret Harrell. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 10:17 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:17 p.m. Action: To approve the Planning Commission recommendation to adopt Resolution No. 08-6597, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, SUSTAINING THE PLANNING COMMISSION DECISION TO MERGE TWO CONTIGUOUS LOTS ON PROPERTY COMMONLY KNOWN AS 315 TWENTY-FOURTH STREET, LEGALLY DESCRIBED AS LOT 39 AND LOT 54, TRACT NO. 113." Motion Keegan, second Bobko. The motion carried by a unanimous vote. At 10:19 p.m., the order of the agenda went to item 7(a). 6. MUNICIPAL MATTERS a. REVIEW OF PUBLIC SAFETY PREPARATIONS FOR THE 4TH OF JULY HOLIDAY. Memorandum from Police Chief Greg Savelli. City Council Minutes 06-10-08 Page 12436 • • • Police Chief Savelli presented the staff report and responded to Council questions. Interim Fire Chief Steve Parker also responded to questions, stating that the South Bay Arson Team would work the July 4 weekend re illegal fireworks. Action: To receive and file the report. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LETTER FROM MARINELAND COMMUNITY ASSOCIATION, INC. Memorandum from City Manager Stephen Burrell dated June 5, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: No name given — Marineland resident, said the 501-C3 application went to the IRS on Monday, and she was told the application would take six months to process; and Sue Loftin — Attorney handling the arrangements for Marineland, described her experiences handling conversions; explained the specific procedure and time line, expecting the process to be complete by the end of the year; said having the City involved in providing funds for low income residents would help the chances of success and all that was needed is a letter of commitment from the City. Action: To direct staff to write a letter and work with Marineland Community Association, Inc. in providing assistance with the State program, including using reserved affordable housing funds to provide financial assistance. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 3, 2008. City Clerk Doerfling presented the report and responded to Council questions. Action: To schedule applicant interviews for the Civil Service Board at 6:00 p.m. on June 24, 2008, with appointments to follow at the regular meeting. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Action: To appoint Kent Allen, Shawn Darcy and Ronald Pizer to the Planning Commission for four-year terms ending June 30, 2012. Motion Keegan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-10-08 Page 12437 • 9. OTHER MATTERS - CITY COUNCIL — None • • Councilmember Tucker said the City was still working with the FAA but there had been complaints again about the banner planes; asked to be called or emailed by anyone observing planes flying too low. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Inglewood Police Officer David Frizelle on Tuesday, June 10, 2008, at the hour of 10:46 p.m. to the Regular Meeting of Tuesday, June 24, 2008, at the hour of 7:10 p.m. City Council Minutes 06-10-08 Page 12438 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, June 18, 2008, at the hour of 7:12 p.m. • • PLEDGE OF ALLEGIANCE — Carla Merriman ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None 1. BUDGET REVIEW — PRESENTATION AND DISCUSSION OF ALTERNATIVES AS DIRECTED AT THE CITY COUNCIL MEETING OF JUNE 10, 2008. Memorandum from City Manager Stephen Burrell dated June 17, 2008. City Manager Burrell, Finance Director Copeland and Police Chief Savelli responded to Council questions. Coming forward to address the Council at this time were: Pacharee Murphy — Hermosa Beach, spoke of two neighbors who bought their home because of the excellent schools, which have blue ribbon status; requested that the City donate to the schools; Jenn Auville — Hermosa Beach, thanked the City for its current services; spoke of parent involvement and the amount of money raised by the PTO; said this was a community issue; Patty Ackerman — Hermosa Beach, president of the Education Foundation and former kindergarten teacher at Hermosa View, spoke of fundraising efforts to save programs; said children feel the community has let them down; Christine Bergeron — Hermosa Beach, presented thank you cards that the children had written; Kim Sieqrist — Hermosa Beach, provided a fundraising status update; said $100,000 was needed from the City, either as a donation or by covering maintenance costs; suggested increasing the transient occupancy tax; Woman (no name given) — Hermosa Beach, said she moved here because of the schools; hoped that the City would be able to help; and Susan Darcy — Hermosa Beach, asked everyone in favor of school funding to stand so the Council knows how many are in the audience. Action: To direct staff to scale back the New Year's Eve event to $10,000. Motion Bobko, second Keegan. The motion carried, noting the dissenting vote of Mayor Reviczky. Proposed Action: To reduce cost for concerts from $30,000 to $15,000. Motion Bobko. Motion withdrawn. City Council Minutes 06-18-08 Page 12439 • Direction to City Manager to agendize a discussion of concert costs for the • first meeting in January. Action: To direct staff to develop options to pare downtown maintenance costs in next year's budget. Motion Bobko, second Keegan. The motion carried by a unanimous vote. Proposed Action: To limit the City Council conference budget to cover the attendance of only the mayor and mayor pro tem. Motion Bobko, second DiVirgilio. The motion was suspended pending the outcome of the following substitute motion. Proposed Substitute Action: To reduce all conference budgets to the fiscal year 2006-07 budget level. Motion DiVirgilio, second Bobko. The motion failed, due to the dissenting votes of Keegan, Tucker and Mayor Reviczky. The main motion proposed above failed, due to the dissenting votes of Keegan, Tucker and Mayor Reviczky. Action: To reduce the prospective expenditure fund by 20 percent. Motion Bobko, second Keegan. The motion carried, noting the dissenting votes of Tucker and Mayor Reviczky. Proposed Action: To make all excursions (put on by the Community Resources Department) revenue neutral. Motion DiVirgilio, second Bobko. The motion failed, due to the dissenting votes of Keegan, Tucker and Mayor Reviczky. Proposed Action: To direct staff to provide a report of the implications and costs of deferring e-commerce traffic citation software and equipment. Motion Bobko. Motion withdrawn. Direction to Finance Director to report back about time frame for implementing new system. Action: To direct staff to study the frequency needed for street sweeping and report back for mid -year amendments if needed. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. Action: To direct staff to set in motion the process (including obtaining Coastal Commission approval) to increase the parking space meters by 25 cents, with no increase for those using cash keys. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 06-18-08 Page 12440 • • • At 8:58 p.m., the meeting recessed. At 9:06 p.m., the meeting reconvened. Action: To direct staff to report back with fee structure increases for the City parking lots, taking into account Coastal Commission approval is necessary for these changes also. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Action: To direct staff to report back on incentives for taxis to go "green." Motion Bobko, second Keegan. The motion carried by a unanimous vote. City Manager Burrell said the issue could be considered during the renewal process, noting the probable availability of AQMD funding that the City could give to interested taxi companies to help them convert to natural gas, at no cost to the City. Action: To direct staff to take $100,000 out of the vehicle replacement fund, with staff determining where to make the cuts. Motion Keegan, second Bobko. The motion carried, noting the dissenting votes of Tucker and Mayor Reviczky. Proposed Action: To approve the proposed street sweeping fee. Motion Mayor Reviczky, second Tucker. The motion failed, due to the dissenting votes of Bobko, DiVirgilio and Keegan. Action: To approve the proposed business license application fee. Motion Keegan, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. Action: To approve the proposed business license renewal fee. Motion Keegan, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. Action: To approve the proposed parking fine increases. Motion Keegan, second Tucker. The motion carried by a unanimous vote. Action: To approve the proposed recreation fee increases. Motion Tucker, second Mayor Reviczky. The motion carried, noting the dissenting vote of Bobko. Action: To approve the discontinuance of fee waivers, with direction to staff to report back with more detailed information at a meeting in September. Motion Keegan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-18-08 Page 12441 • ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, June 18, 2008, at the hour of 10:15 p.m. to the Adjourned Regular meeting of Tuesday, June 24, 2008, at 6:00 p.m. for the conduct of Civil Service Board applicant interviews, followed by the Regular meeting at 7:10 p.m. • • City Council Minutes 06-18-08 Page 12442 0 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 24, 2008, at the hour of 6:11 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None The meeting was called to order in the Council Chambers (the location specified in the posted agenda) and then moved to the upstairs Conference Room. INTERVIEWS OF CIVIL SERVICE BOARD APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: R. Douglas Collins Joanne Hollingsworth Mike Schweid ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 24, 2008 at the hour of 6:29 p.m. to the Regular Meeting scheduled to begin at the hour of 7:10 p.m. City Council Adjourned Minutes 06-24-08 Page 12443 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 24, 2008, at the hour of 7:11 p.m. • • PLEDGE OF ALLEGIANCE — Mike Flaherty ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Mayor Pro Tempore Bobko reminded everyone about the Leadership Hermosa Fundraiser for the Gateway Fountain on Sunday, June 29 from 5 to 7 p.m. at Sangria, with tickets at $35 pre -sale or $45 at the door, available at the City's website, www.hermosabch.org or in the Public Works Department at City Hall; thanked Councilmember Tucker and his wife Sienna for being instrumental in the recent Art Walk. Councilmember Tucker reported on the Art Walk the previous Saturday and thanked staff and the City Council for waiving some of the fees; said he and his wife took pleasure in supporting these types of community activities. He encouraged the public to attend the upcoming Planning Commission hearings on the Upper Pier Avenue project. He reminded residents and their visitors to park as close as possible to the curb during the upcoming Fourth of July weekend to allow emergency vehicle access and not to park in red zones or in front of fire hydrants. Mayor Reviczky asked that the meeting be adjourned in memory of Bill Malone, a long time resident and founding member of Friends of the Library. PRESENTATIONS COMMENDATION PRESENTED TO DEBORAH HANSEN FOR HEROIC RESCUE EFFORTS Mayor Reviczky presented a commendation to Ms. Deborah Hansen, Hermosa Beach resident, who recently pulled three people out of a burning helicopter that crashed on Catalina Island. Ms. Hansen said her experience as a flight attendant prepared her to give orders to everyone; thanked her family for their moral support, Robb at the Easy Reader for the great story he wrote, and the City for this recognition. CERTIFICATES OF RECOGNITION PRESENTED TO THE ORGANIZERS OF "ROCK FOR CHINA" City Council Minutes 06-24-08 Page 12444 • Mayor Reviczky introduced the group of young people who organized the fundraiser for earthquake victims in China and presented the certificated. INTRODUCTION OF NEW VOLUNTEERS IN POLICING This item was postponed until the next meeting. CLOSED SESSION REPORT FOR MEETING OF MAY 13, 2008: NO REPORTABLE ACTIONS PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication. (a) Letter from Howard Longacre dated June 17, 2008 regarding City Commission meeting minutes; in -lieu fee issues; and, a City Internet page for AB1234 ethics disclosures by city officials and staff. • No one came forward to address the City Council on this letter. • Action: To receive and file the letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. At the request of Councilmember DiVirgilio, City Manager Burrell said he would bring back an item on a future Council agenda to discuss keeping indefinitely the streaming videos on the City's website. Coming forward to address the Council at this time were: Carolyn Reed — Hermosa Beach Children's Librarian described the Summer Reading Program and encouraged families to participate. Annie Seawright, Russ Lesser, Chris Brown — representing the Ironman Committee, thanked the City for allowing them to continue their unique tradition and presented funds raised, a check for $1011.75, to Jim Miller, representing the Jimmy Miller Memorial Foundation. Jim Miller — representing the Foundation, thanked the committee, presented an informational DVD to each of the Councilmembers, said the organization was founded in memory of his son and its goal was to provide therapeutic help to abused children, including those from the Richstone Center, and military personnel returning from the Middle East in the form of surfing lessons. 2. CONSENT CALENDAR: City Council Minutes 06-24-08 Page 12445 • • Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Mayor Reviczky, (g) Keegan and (j) tucker. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 13, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of May 13, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52172 THROUGH 52310, AND TO APPROVE THE CANCELLATION OF CHECK NO. 51912, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAYL 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the April 2008 financial reports: (e) RECOMMENDATION TO ACCEPT DONATION OF $10,000 FROM CHEVRON TEXACO TO BE USED FOR THE CHEVRON SURF CAMP SUPPLIES AND INSTRUCTORS. Memorandum from Finance Director Viki Copeland dated June 16, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: $1,000 from Chevron Texaco to be used for the Chevron Surf Camp supplies and instructors. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote City Council Minutes 06-24-08 Page 12446 • (f) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated June 16, 2008. (g) • Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2008. RECOMMENDATION TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR INSTALLATION OF SECURITY CAMERAS FOR THE BIKE PATH AND PEDESTRIAN WALKWAY AND RESTROOMS AT THE STRAND AND PIER AVENUE AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated June 17, 2008. Supplemental information from staff indicating the contract award to VAS Security Systems received June 23, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Councilmember Keegan said he spoke to Public Works Director Morgan who answered all his questions and agreed with Councilmember Keegan's suggestion that the cameras be wireless for mobility. Action: To approve the staff recommendation to: (1) Award a contract to the lowest responsible bidder for installation of security cameras for the bike path and pedestrian walkway and restrooms at the Strand and Pier Avenue; and, (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 3, 2008. (1) • Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 3, 2008. RECOMMENDATION TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT NO. 08.008 WITH KATHLEEN MCGOWAN TO ADMINISTER THE CITY'S MUNICIPAL STORM WATER MANAGEMENT PROGRAM IN CONNECTION WITH NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT REQUIREMENTS AND HERMOSA BEACH STRAND INFILTRATION TRENCH PROJECT (CIP NO. 07-420) FOR AN AMOUNT OF $64.107; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT City Council Minutes 06-24-08 Page 12447 • SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated June 17, 2008. Action: To approve the staff recommendation to: (1) Approve the Professional Services Agreement No. 08.008 with Kathleen McGowan to administer the City's Municipal Storm Water Management Program in connection with NPDES (National Pollutant Discharge Elimination System) permit requirements and Hermosa Beach Strand Infiltration Trench Project (CIP No. 07-420) for an amount of $64.107; and, (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 17, 2008. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Action: To bring before the City Council for review and reconsideration item number 5 in the minutes, a development at 205 Pier Avenue. Motion Tucker, second Keegan. The motion carried. Action: To receive and file the action minutes of the Planning Commission meeting of June 17, 2008. Motion Bobko, second Keegan. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE A THREE-YEAR CONTRACT FOR CITY LEGAL PUBLICATIONS WITH THE EASY READER NEWSPAPER. Memorandum from City Clerk Elaine Doerfling dated June 15, 2008. Action: To approve a three-year contract for City legal publications with the Easy Reader newspaper. At: 7:21 p.m., the order of the agenda was suspended to go to public hearing item 5 (a), (b), (c) and (d). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (g) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. City Council Minutes 06-24-08 Page 12448 • 5. PUBLIC HEARINGS • a. 2008-2009 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. Continued from meetings of June 10, 2008 and June 18, 2008. (1) ADOPTION OF 2008-2009 BUDGET. Memorandum from Finance Director Viki Copeland dated June 18, 2008. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. It was clarified that speakers who wished to address the possibility of the City providing financial support to the School District could speak during item 5(a)(1) or 5(a)(2). The public hearing opened at 7:38 p.m. Coming forward to address the Council on this item were: Susie Fraley — Hermosa Beach, said she was a parent and Vice President in charge of fundraising for the Hermosa Beach Education Foundation; stated that fundraising efforts had generated $912,000 toward their $1.6 million shortfall; said that the music program had been cut and the health aide program reduced and asked the City Council to help them in their desperate need to return these important programs; April Lankford — First Grade Teacher at Hermosa View School, showed photographs of children enjoying the music program, stressed the importance of retaining health aides for the children's safety; thanked the City Council for their consideration of providing financial support to the schools; Charlie Nelson and Katie Costello — said they both had participated in the music program at Hermosa Beach schools and had continued that interest in theater at Mira Costa High School; said they had other friends who had done the same; Dency Nelson — said Charlie was his daughter and he was on the board of Mira Costa Media Arts Foundation; said that the students who attended Hermosa schools had dominated the shows at Mira Costa and it would be a shame if the music program was eliminated; Tracy Robinson — teacher at Hermosa View School, asked for the Council's consideration of support to avoid elimination of the music program and reduction in health aides; said it would be a shame to lose the music teacher Miss Stadler; Debbie Stadler — music teacher at Hermosa View School said she was humbled by the parents' support and hoped the Council could find it in their hearts to help, not for her sake but for the children; Dave Twedell — representing the City's Professional and Administrative Employees Group, said that employees want to be team players but the proposal on this agenda would be taking money from funds which City Council Minutes 06-24-08 Page 12449 • would go toward salary increases for employees; said it did not seem right to take money from City employees to support programs outside the City government; William Davis — business representative and legal counsel for the City's General and Supervisor Group; said he agreed with the previous speaker that the impact would be great on current negotiations which were deferred until the budget was adopted; asked if this request for funds was going to set a precedent for the future and said that consideration should be given to employees; Amy Classman — said she was a public school teacher for 12 years and she found it hard to watch unions have a say in what we are doing; said she knew it was tough times for unions but the kids are what matters and she hoped the Council would provide the needed financial support; Peter Barsuk — said he was a parent of Hermosa Beach students and even though the parents had been working hard to solve the District's financial problems, there needed to be a long-term solution; said as a citizen who votes, he thanked the Council for their consideration and hoped they would make the right decision; Carrie Cook — said there were many unemployed parents and single mothers of school children in the City who had donated to help the schools and it was hard to hear about raises; said people were worried that this request would be made every year but this is about this year and by the City saying it will participate, it is a step in the right direction; Nancy Drinker — said to hear that education is not part of the City is disturbing; said if education was not at the heart of the City, what is? The public hearing closed at 7:58 p.m. Proposed Action: To approve the budget with the 20% reduction in funds for employees negotiation reinstated. Motion Tucker, second Mayor Reviczky. The motion failed, noting the dissenting votes of Bobko, DiVirgilio and Keegan. Proposed Action: To increase the street sweeping fees by approximately $18 per household per year, $1.50 per month, to raise $269,528 which would be needed to balance the budget in the event parking meter and lot fee increases are not approved by the Coastal Commission. Tucker, second Mayor Reviczky. The motion was replaced by a substitute motion. Action: To approve the staff recommendation to approve the contracts listed in the staff report for services budgeted in the 2008-2009 Budget and to adopt the following resolutions: (1) Resolution No. 08-6598, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) City Council Minutes 06-24-08 Page 12450 • TO ADD NEW FEES AND UPDATE EXISTING FEES TO RECOVER COSTS OF PROVIDING THE SERVICE"; (2) Resolution No. 08-6599 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INCREASING PARKING VIOLATIONS PENALTIES"; (3) Resolution No. 08-6600, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET (AS AMENDED) FOR THE FISCAL YEAR 2008-2009". Motion Keegan, second DiVirgilio. The motion carried, noting the dissenting votes of Tucker and Mayor Reviczky, both of whom said they did not object to the inclusion in the budget of financial support to the School District. (2) LETTER FROM SHARON McCLAIN REQUESTING THAT THE CITY COUNCIL CONSIDER PROVIDING FINANCIAL SUPPORT TO THE HERMOSA BEACH CITY SCHOOLS IN THE AMOUNT OF $100,000. Memorandum from City Manager Stephen Burrell dated June 17, 2008. Resident emails from Lee Hennis and Jill O'Brien received June 24, 2008. City Manager Burrell presented the staff report and responded to Council • questions. The public hearing opened at 8:38 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:38 p.m. Action: To direct City Manager Burrell to work with School District Superintendent Dr. Sharon McClain to formulate a cooperative agreement for the City's providing financial support to the Hermosa Beach City Schools in the amount of $100,000. Motion Keegan, second Bobko. The motion carried by a unanimous vote. Proposed Further Action: To require as a condition of the financial support that the School Board hold their meetings in the Council Chambers and that they be televised. Motion Bobko, second DiVirgilio. The motion was withdrawn on the advice of City Attorney Jenkins who did not think this could be a condition of the agreement. The meeting recessed at 8:45 p.m. The meeting reconvened at 9:02 p.m. b. APPEAL OF THE PLANNING COMMISSION DECISION OF MAY 20, 2008, • TO MODIFY A CONDITIONAL USE PERMIT, AS RECOMMENDED BY STAFF, INCLUDING A NEW CLOSING TIME OF 12:00 MIDNIGHT AT 22 PIER AVENUE (DRAGON). Memorandum from Community Development City Council Minutes 06-24-08 Page 12451 • Director Ken Robertson dated June 16, 2008. Supplemental information from Dragon's attorney received on June 23, 2008. At 9:04 p.m., Councilmember Keegan left the room, recusing himself from hearing the item because he does business with the landlord. Mayor Pro Tempore Bobko revealed an ex parte conversation he and Councilmember Keegan had with the applicant; said they did not learn anything they did not already know and he did not feel this conversation would bias his ability to evaluate the item fairly. Councilmember DiVirgilio said that he had a conversation with Mr. Bellandi, the owner of Dragon and his manager and learned two things which were not in the agenda packet (1) Mr. Milanti referred to the business as a bar and (2) Mr. Bellandi said he had to make changes to the business to compete on Pier Plaza. Mayor Reviczky said he met with the applicant and the landlord and, with the exception that the landlord said he was not notified of the hearing in writing, (which should be done in the future), did not learn anything he did not know before. • Interim Senior Planner Rosemary Lackow presented the staff report and responded to Council questions. Police Chief Savelli described the Planning Commission's review of all restaurants, discussed police calls to restaurants; said that meetings with community groups revealed that some residents feel police resources are being used on Pier Plaza and not in their neighborhoods; said their were inaccuracies in the list of calls to Dragon but there was still a significant number; discussed conditions of Dragon's ABC license; said that on the positive side, Dragon had remodeled and reduced the occupancy level and installed lights in the alley; said that Dragon requires anyone entering to be at least 21 years of age as a bar would. • The public hearing opened at 10:00 p.m. Coming forward to address the Council on this item were: Bruce Evans — attorney for Dragon, gave a PowerPoint presentation; discussed inaccuracies in the report of police calls to Dragon; said there have been mistakes but the business has atoned; said Dragon suggested conditions and would be willing to compromise on the closing time but some restrictions would put them out of business; Jeff Bellandi — business owner, said when Dragon first opened, he had two- for-one food specials and later learned that juice drinks counted as alcohol so both these factors contributed to a misleading ratio; said when he received a warning from the ABC, he changed his software to create a more accurate ratio and now it was better than the ABC 50:50 requirement; said after the first burst of popularity died down, he talked City Council Minutes 06-24-08 Page 12452 • • • to the other restaurant operators to get suggestions to improve the business; said after he received notification from the City that there were problems, he made changes and that he did not want his business to be a nuisance; said he would be willing to accept an earlier closing time during the week and a probation period; Jerry Centofani — co-owner of the property, said that he had not received any notice prior to the previous month that Dragon was in violation of its Conditional Use Permit; said there had been improvement and the business was following its CUP to the letter; said businesses on the Plaza want to run a good business and if the City continued to pursue revocation of CUP's there would be people out of work, businesses failing and diminished property values; Bianca Salas — said she was a single mother working at Dragon for the last two years and the hours she worked on the weekend made it possible for her to spend time with her children; said it was a good place to work and the schedule was good for students as well; said closing at midnight would kill the business; Jim Lissner — Hermosa Beach, said the business needs continuous attention and there are less police calls for other similar businesses; said a proposed condition that patrons don't have to be at least 21 years of age could encourage underage drinking; supported conditions to serve drinks only with food, to change the closing time to midnight and to eliminate bottle service; Roshene Taylor — said she had worked at Dragon for three years and it was a beautiful place of which the City should be proud; said she was a full- time student hoping to become a teacher in Hermosa Beach and the current hours provided a good schedule for her; urged the Council to allow the same closing time and invited them to come to Dragon to view the progress made; No name given — said he had moved from Ohio and felt safe at Dragon; said there had been improvements and the City staff and Police Department were doing a great job; Sandy Saemann — Hermosa Beach, said there are a lot of nice people supporting Dragon who seemed sincere but there were violations and the laws are in place to protect the community; urged the Council to support the Planning Commissions decisions; Bruce Evans — attorney for Dragon, in rebuttal, asked for a chance to show continued responsibility for the next six months; said they wanted to cooperate with the City and already had a very restrictive CUP; said the City had the mechanism to bring the business back in if there was non-compliance; Patty Egerer — said many people would not go to Pier Plaza because it is a bar environment and this business owner was violating his CUP, cultivating a drinking establishment when it was supposed to be a restaurant; urged the Council to support the Planning Commission's decisions; Bruce Evans — attorney for Dragon, returning to the podium to answer Council questions, said a cover charge improves the quality of the clientele, City Council Minutes 06-24-08 Page 12453 • • reiterated the business was willing to compromise on the hours and on the numbers of TV's. The public hearing closed at 10:48 p.m. Proposed Action: To sustain the Planning Commission decision except eliminate the restrictions on dancing and the number of television sets allowed. Motion Bobko. The motion died for lack of a second. Proposed Action: To sustain the decision of the Planning Commission decision except eliminate the prohibition of a cover charge and restrictions of the number of television sets allowed. Motion DiVirgilio, second Bobko. The motion was replaced by a substitute motion. Action: To approve the staff recommendation to adopt Resolution No. 08- 6601, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO MODIFY A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS "DRAGON"," amended to allow no more than eight televisions in Section 3.2 and to remove the words "evenings and weekends, or" in Section 2.1. Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting vote of Mayor Reviczky and the abstention of Keegan. The meeting recessed at 11:25 p.m. The meeting reconvened at 11:34 p.m., with Councilmember Keegan returning to the dais. c. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2008. Memorandum from City Manager Stephen Burrell dated June 10, 2008. Amended list of properties with delinquent refuse bills received from staff on June 23, 2008. The public hearing opened at 11:35 p.m. Coming forward to address the Council on this item was: Sam Pena — Consolidated Disposal Service, said he was the new liaison in the South Bay; said these assessments were for someone who had been delinquent for over six months, City Council Minutes 06-24-08 Page 12454 • • • The public hearing closed at 11:36 p.m. Action: To approve the staff recommendation to: (1) Approve Consolidated Disposal Service's administrative fee in the amount of $25.00 to be included as part of each property tax assessment; and, (2) To adopt Resolution No. 08-6602, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATRED DISPOSAL SERVICE AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES (168.86 — HERMOSA BCH DEL REFUSED CDS)." Motion Keegan, second Tucker. The motion carried by a unanimous vote. d. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2008-2009 FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 30, 2009. Memorandum from Public Works Director Richard Morgan dated June 4, 2008. Public Works Director Morgan presented the staff report and responded to Council questions. The public hearing opened at 11:39 p.m. As no one came forward to address the Council on this item, the public hearing closed at 11:39 p.m. Action: To approve the staff recommendation to adopt Resolution No. 08- 6603, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2008, AND ENDING JUNE 30, 2009, IN CONJUNCTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2008-2009)." Motion Keegan, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER -None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL City Council Minutes 06-24-08 Page 12455 • a. BOARD/COMMISSION EXPIRATION OF TERMS — APPOINT CIVIL SERVICE BOARD MEMBERS. Memorandum from City Clerk Elaine Doerfling dated June 16, 2008. Action: Council consensus was to re -appoint Doug Collins and appoint Mike Schweid from among the applicants interviewed earlier this evening to fill the two expiring terms ending July 15, 2012 on the Civil Service Board 9. OTHER MATTERS - CITY COUNCIL - None Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on June 10, 2008. 2. 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Initiation of Litigation: Government Code Section 54956.9(c) Number of cases: 1 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association City Council Minutes 06-24-08 Page 12456 • • • Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 24, 2008, at the hour of 11:42 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 11:45 p.m. At the hour of 12:12 a.m. on Wednesday, June 25, 2008, the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, June 25, 2008, at the hour of 12:13 a.m. to the Regular Meeting of Tuesday, July 8, 2008, at 7:00 p.m. Deputy City Clerk City Council Minutes 06-24-08 Page 12457 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 8, 2008, at the hour of 6:10 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES OF JUNE 24, 2008 CLOSED SESSION MEETING 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Fire Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Group Unrepresented employees ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 8, 2008, at the hour of 7:00 p.m. to the Regular meeting of the same date, scheduled to begin at 7:10 p.m. City Council Special Meeting Minutes 07-08-08 Page 12458 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 8, 2008, at the hour of 7:05 p.m. • • PLEDGE OF ALLEGIANCE — Laura Raymond ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Tucker announced that street work was under way and Concerts on the Beach were beginning on July 20 and the two subsequent Sunday evenings; said the City was installing energy efficient LED lights in the street lights as part of being a "cool" city; asked that the meeting be adjourned in memory of Charles Reinagel, a local resident and appraiser who was a valuable resource to the City. Councilmember DiVirgilio congratulated Leadership Hermosa on a great event on Sunday, June 29 at which they raised $35,000 toward the fountain and statue planned for the intersection of PCH and Pier and thanked those responsible for the events success. Mayor Reviczky asked that the meeting also be adjourned in memory of Bill Vacek, owner of the Poop Deck, both the man and the business being long-time fixtures in the City. City Attorney Jenkins said the closed session that evening started at 6:00 p.m. and that the City Council had added one item to the closed session agenda regarding pending litigation with Macpherson oil; said there were no reportable actions. PRESENTATIONS PRESENTATION OF CERTIFICATE OF APPRECIATION TO PLANNING COMMISSIONER LANGLEY KERSENBOOM FOR SERVICE FROM MAY 2005 THROUGH JUNE 2008 Mayor Reviczky presented a plaque for service on the Planning Commission to Langley Kersenboom. Mr. Kersenboom thanked the City Council for the opportunity to serve and said he had enjoyed his time on the Planning Commission. PROCLAMATION OF PARKS & RECREATION MONTH JULY 2008 City Council Minutes 07-08-08 Page 12459 • Mayor Reviczky read the proclamation proclaiming July as Parks and Recreation Month and presented it to Parks & Recreation Commissioners Laura Raymond and Steve Cannella who thanked the City Council for the proclamation and invited the community to check their summer brochure or call the City for the many activities available. INTRODUCTION OF NEW VOLUNTEERS IN POLICING Chief Savelli described the new program and introduced the volunteers. He said they began volunteering on the July Fourth weekend and so far their assistance had included confronting people about public urination, assisting those who needed taxicabs, witnessing a fight on The Strand and fireworks violations and notifying the Police Department, and rescuing a dog and finding its owner. CLOSED SESSION REPORT FOR MEETING OF JUNE 24, 2008: NO REPORTABLE ACTIONS PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. No one came forward to address the Council at this time. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Tucker, (f) DiVirgilio and (g) Keegan. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 27, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of May 27, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52311 THROUGH 52480. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. City Council Minutes 07-08-08 Page 12460 • • Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated July 2, 2008. Action: To receive and file report of Customer Service Surveys/Complaints. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #62415 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 137 AND 139 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated July 1, 2008. (f) • (g) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting who questioned the timing of the recording of these documents with the County. Action: To approve the staff recommendation to adopt Resolution No. 08- 6604, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 62415, FOR THE SUBDIVISION OF A TWO -UNIT MIXED USE CONDOMINIUM, LOCATED AT 137 AND 139 HERMOSA AVENUE (PREVIOUSLY KNOWN AS 20 SECOND STREET) IN THE CITY OF HERMOSA BEACH, CALIFORNIA." Motion Tucker, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE REPORT ON "DOWNTOWN" CRIME AND RELATED ENFORCEMENT ISSUES. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting, asking Chief Savelli to provide a verbal update. Chief Savelli said there had been no problem having officers volunteer for overtime; said there would be a DUI check point on Labor Day weekend; August 30 with the location to be revealed later; discussed the statistics in his written report. Action: To receive and file report on "Downtown" Crime and related enforcement issues. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE STAFF TO ISSUE A CHANGE ORDER TO ZONDIROS CORPORATION FOR PROJECT CIP 07-423 SEWER IMPROVEMENTS FOR EXTRA WORK ENCOUNTERED DURING City Council Minutes 07-08-08 Page 12461 • • • CONSTRUCTION; AUTHORIZE THE REAPPROPRIATION OF $90,000 (ACCOUNT 160-8423-4201, SEWER FUND) AND $80,000 (ACCOUNT 301- 8423-4201, CAPITAL IMPROVEMENT FUND); AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated July 1, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Public Works Director Morgan said the work actually needed was sometimes more than the sewer video indicated. Councilmember Keegan asked that the change be decreased from $303,400 to $275,400. Action: To approve the staff recommendation to: (1) Authorize staff to issue a change order to Zondiros Corporation for Project CIP 07-423 Sewer Improvements for extra work encountered during construction; (2) Authorize the reappropriation of $90,000 (account 160-8423-4201, Sewer Fund) and $80,000 (account 301-8423-4201, Capital Improvement Fund); and, (3) Authorize the Director of Public Works to make changes as necessary within the project budget. (4) To change the contingency amount from $300,400 to $275,400. Motion Keegan, second Bobko. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e) Tucker, (f) DiVirgilio and (g) Keegan were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 7:25 p.m., the order of the agenda went to item 6(a). 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A VARIANCE FOR A GARAGE EXPANSION WITH A SMALLER SETBACK THAN THE REQUIRED 17 FEET IN CONJUNCTION WITH A REMODEL AND EXPANSION OF AN EXISTING TWO-STORY DWELLING AT 1130 2ND STREET. Memorandum from Community Development Director Ken Robertson dated June 30, 2008. City Council Minutes 07-08-08 Page 12462 • Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:35 p.m. Coming forward to address the Council on this item were: Dave Watson — architect for the appellant, said this remodel of both stories of a two-story home linking it to the garage was modest and it made sense to expand the garage to get two cars in the garage and a small car behind; said the project conformed in every other way except for this needed variance; said they lowered their project by five feet to accommodate a neighbor concerned about view blockage; Elisa Rubell — appellant, said the property was exceptional because it is a small lot with limited options, they deserved the same property rights as neighbors and their project would not be detrimental to the public welfare; said many homes had less setback than they were requesting; said the architect designed the home to be attractive and consistent with other homes in the neighborhood; Zane Koss — appellant, reiterated most homes on the street had smaller setbacks than they were requesting; said property owners at 1144 Second Street had been granted a variance for a similar project; said they should have the same rights as others; Jerry Olquin — Hermosa Beach, said he lived in the neighborhood and was opposed to the granting of this variance this project did not meet the required setbacks and because of parking issues; Jim Blacken — said he lived in the neighborhood and that the City Council should not allow this variance to reduce the garage setback; Elisa Rubell — appellant, in rebuttal, said the fact their lot was a "though" lot should be considered; that a variance had been approved on their street with similar circumstances; said they would not be parking on the street with their expanded garage so parking should not be an issue; said if they had to change their plans, they would lose a bedroom; The public hearing closed at 7:49 p.m. Action: To approve the staff recommendation to adopt Resolution No. 08- 6605, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO DENY THE PROPOSE VARIANCES TO ALLOW THE EXPANSION OF AN EXISTING ONE -CAR GARAGE WITHIN AN 8.75 -FOOT GARAGE SETBACK RATHER THAN THE REQUIRED 17 FEET IN CONJUNCTION WITH A REMODEL AND EXPANSION TO AN EXISTING TWO-STORY DWELLING AT THE PROPERTY AT 1130 SECOND STREET AND LEGALLY DESCRIBED AS LOT 88, TRACT NO. 733," and to remand the project back to the Planning Commission. Motion Tucker, second Keegan. The motion carried, noting the dissenting vote of Bobko. City Council Minutes 07-08-08 Page 12463 • b. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Ken Robertson dated June 30, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:02 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:02 p.m. Action: To approve the staff recommendation to adopt Resolution No. 08- 6606, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING ITS LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE." Motion Keegan, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. SCULPTURE DONATION. Memorandum from Public Works Director Richard Morgan dated July 1, 2008. Councilmember Keegan presented the staff report and responded to Council questions. Action: To accept the donation of this art sculpture from resident, Steve Hunt, and direct the Parks, Recreation and Community Resources Advisory Commission to determine an appropriate site. Motion Keegan, second Tucker. The motion carried by a unanimous vote. At 7:27 p.m., the order of the agenda went to item 8(a). b. REQUEST TO INITIATE A CODE AMENDMENT TO ADD K-12 EDUCATIONAL USES AS A PERMITTED USE IN THE C-3 ZONE. Memorandum from Community Development Director Ken Robertson dated July 2, 2008. At 8:05 p.m., Councilmember DiVirgilio left the dais and the room, recusing himself because he lives near this location. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. City Council Minutes 07-08-08 Page 12464 • • • Coming forward to address the Council on this item were: Sharon McClain — Superintendent of Hermosa Beach School District, thanked the City Council for helping the Hermosa Beach School District; said she had been working with this small special needs school, currently located in Palos Verdes, for five years; said there would be no parents volunteering at the school so the school would not generate a major need for parking; said the student body numbered about 30 children; said the school would be beneficial for Hermosa Beach children who were currently being transported to Palos Verdes; Jenny Oakes — Director of the program, said the school is a private non-profit educational institution for college bound special needs students; said they need to find a new home and hoped it would be in Hermosa Beach;. Amy Mendez — Hermosa Beach, said she had a student at this school and was representing the Parents Association; said they were hoping to become active participants in the community and felt the school would be an asset to Hermosa Beach; and Donna Grossman — Hermosa Beach, said she was a parent of a student at the school and a member of the Site Selection Committee; said the small size of the school was a benefit to its students and felt it would be a good resource for Hermosa Beach. Action: To direct staff to initiate the code amendment process to set this matter before the Planning Commission. Motion Keegan, second Tucker. The motion carried, noting the abstention of DiVirgilio. At 8:20 p.m., Councilmember DiVirgilio returned to the room and the dais. c. FOURTH OF JULY ENFORCEMENT ACTIVITIES. Oral Report from Police Chief Greg Savelli. Police Chief Savelli presented the oral report, stating that between 6:00 a.m. on July Fourth and 6:00 a.m. on July Fifth, there were 250 calls for service, with ten arrests and one felony assault in a home, not in public; said El Segundo helped with morning traffic control so the Hermosa Beach Police Department could take care of the evening and the County Sheriff's Department also assisted; said there were some disturbance calls for residential parties but there seemed to be less complaints, maybe because the following day was a Saturday and most people did not have to get up early for work; said the crowds were larger but more mellow and this seemed to be the case throughout the South Bay. In answer to Council questions, he said the flood lights on the Plaza had been effective as they were on New Year's Eve to indicate when the evening was over but he felt if these lights were used every weekend, they would be less effective. City Council Minutes 07-08-08 Page 12465 • After a Council discussion about providing additional portable rest rooms City Manager Burrell said he would bring back a report to provide information and costs. • • Also discussed was the margarita wrestling and ironman events. City Manager Burrell said he would put these topics on the work plan to discuss, with both the Police and Fire Chiefs participating, whether these events would be officially permitted, tolerated or not allowed. Action: To receive and file the report. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST FROM ADAMS WINE GROUP TO ALLOW OFF SALE BEER AND WINE WITH ON PREMISE WINE TASTING/SAMPLING AT 727 — 729 PACIFIC COAST HIGHWAY AND REQUEST THAT THE CITY COUNCIL MAKE A FINDING THAT AN ABC LICENSE AT THIS LOCATION WOULD BE A OF MATTER "PUBLIC CONVENIENCE OR NECESSITY". Memorandum from City Manager Stephen Burrell dated July 3, 2008. Supplemental fax received from Adams Wine Group on July 7, 2008. Supplemental email received from Joan Arias on July 8, 2008. At 8:37 p.m., Councilmember Keegan left the dais and the room, recusing himself because he lives near this location. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Lawrence Dutra — Adams Wine Group, said they would be an upscale wine shop with wine tasting as well and showed photos of a shop they have in Santa Barbara; said selling and tasting required two different ABC licenses and the City's letter to the ABC was necessary for them to establish their business; Action: Per the applicant's request, direct staff to write a letter to the ABC determining that the issuance of an off -sale beer and wine license with on premises tasting/sampling at 727- 729 Pacific Coast Highway (Mortise & Tenon building) is a matter of "public convenience or necessity". Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting vote of Tucker and the abstention of Keegan. Councilmember Keegan returned to the dais for the adjournment at 8:55 p.m. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL City Council Minutes 07-08-08 Page 12466 • a. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated June 26, 2008. • • City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Mayor Pro Tempore Bobko as the voting delegate for the League of California Cities Annual Conference but with no alternate. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Recommendation from Councilmember Tucker to direct the Parks, Recreation and Community Resources Advisory Commission to develop standards of color, size and number of banners displayed on the fence at the Skate Park. Councilmember Tucker asked that the Parks, Recreation and Community Resources Advisory Commission be directed to agendize a discussion and make recommendations to the Council to improve the appearance of the banners on the skate park fence for the number of banners allowed and conformity in size, color, and other aesthetic factors. Mayor Reviczky suggested that the Community Resources phone number be shown on the banners instead of the teachers' phone numbers. Action: To refer this matter to the Parks, Recreation and Community Resources Advisory Commission. Motion Tucker, second Keegan. The motion carried by a unanimous vote. At 7:30 p.m., the order of the agenda went to public hearing items 5(a) and (b). ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Bill Vacek and Charles Reinagel on Tuesday, July 8, 2008, at the hour of 8:55 p.m. to the Regular Meeting of Tuesday, July 22, 2008, at 7:00 p.m. City Clerk City Council Minutes uty City Clerk 07-08-08 Page 12467 0 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 22, 2008, at the hour of 6:05 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES OF JULY 8, 2008 CLOSED SESSION MEETING 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Fire Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Group Unrepresented employees 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(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 2008, at the hour of 6:58 p.m. to the Regular meeting of the same date, scheduled to begin at 7:00 p.m. City Council Special Meeting Minutes 07-22-08 Page 12468 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 22, 2008, at the hour of 7:02 p.m. PLEDGE OF ALLEGIANCE — Jim Lissner ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Keegan reported on the Independent Cities Association Conference that he, Mayor Pro Tempore Bobko and City Manager Burrell attended July 10-13 in San Diego, with 88 cities represented; said they received information on green cities, transportation, crisis management, and grant opportunities, and met with County Supervisor Don Knabe and State legislators. Mayor Pro Tempore Bobko reiterated that valuable information was received at the Conference, including conversion to natural gas vehicles, which is taking place in Manhattan Beach and other cities. Councilmember Tucker reminded everyone about the concerts on the beach July 27 and August 3, and also the tri -city International Surf Festival on August 2-4. • Mayor Reviczky announced the Lifeguard Medal of Valor banquet that will take place Thursday, July 31, noting that tickets were available at the lifeguard tower. • PRESENTATIONS CERTIFICATE OF COMMENDATION PRESENTED TO LT. LANCE JAAKOLA OF THE HERMOSA BEACH POLICE DEPARTMENT FOR COMPLETION OF THE WEST POINT LEADERSHIP PROGRAM Mayor Reviczky presented 22 -year veteran police Lt. Lance Jaakola a certificate of commendation for completing the West Point Leadership Program. Lt. Jaakola thanked Chief Savelli for getting him into the rigorous but rewarding program; said he was thankful for the opportunity to learn valuable leadership techniques and hoped more from the department could participate as well. CERTIFICATE OF COMMENDATION PRESENTED TO HERMOSA CYCLERY FOR THEIR PARTICIPATION IN THE BEACH CITIES TOY DRIVE City Council Minutes 07-22-08 Page 12469 • Mayor Reviczky asked Councilmember Tucker and former Councilmember Edgerton to join him at the podium to present a certificate of commendation to Hermosa Cyclery for the generous donation of more than 100 bikes to the Beach Cities Toy Drive. CLOSED SESSION REPORT FOR MEETING OF JULY 8, 2008: No reportable actions. City Attorney Jenkins also reported that this evening's Closed Session meeting began at 6:00 p.m., there were no public comments, one item — the Macpherson Oil Company lawsuit — was added, and there were no reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Lonqacre dated July 14, 2008 regarding action taken by City Council concerning Adams Wine Group on July 8, 2008. No one came forward to address the Council on this letter. Action: To receive and file the letter. 41 Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. Coming forward to address the Council on other issues at this time were: Julie Jennings — Hermosa Beach, said 600 resident responses were received from the recent Upper Pier Avenue survey, with concerns including not making Hermosa look like every other beach city, since it has history and character — the "Venice" of the South Bay; having independent businesses, not national chains, with unique restaurants and fewer bars; noted the survey done before the Upper Pier Avenue Committee (UPAC) met; said this survey responded to UPAC recommendations accepted by the City Council; asked to present the findings to the City Council at its August 12 meeting; Jim Lissner — Hermosa Beach, called Hermosa Beach a little forgotten piece of nature, with small-town quiet charm, beach cottages, picket fences, roses and brightly colored chairs; said Manhattan Beach is modern, while Hermosa Beach has an old feeling and needs only a fresh coat of paint; said UPAC should be replaced by a Preservation Committee so the sleepy little beach town with bungalows is not taken over by drunks and gang members; said more should be done for residents than for visitors, there should be more trees, money should be spent on all parts of the City, not just Upper Pier Avenue; hoped the Council would allow a presentation of the survey findings on August 12; • Elmita Brown — Hermosa Beach Library Manager, said the State's budget was having an adverse effect on libraries and the help of Friends of the City Council Minutes 07-22-08 Page 12470 • Library was being sought; said she wanted the Council to be aware of the situation and had left flyers in the lobby; and Jenn Auville And Patty Ackerman — Hermosa Beach, thanked the Council for helping the School District; a group of school children then presented homemade baked goods, cards, posters, and a letter from the school board to express gratitude. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (d), (f) (k) (I) (m) Mayor Reviczky and (p) Councilmember Tucker. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Special/Adjourned Regular meeting held on May 29, 2008; and (2) Special meeting held on June 10, 2008; Action: To approve, as presented, the minutes of the Special/Adjourned Regular Meeting of May 29, 2008, and the Special Meeting of June 10, 2008. • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52481 THROUGH 52636, INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE PRELIMINARY JUNE 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the June 2008 financial reports except for the Revenue and Expenditure reports, which were removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Further Action: To direct City Manager Burrell to email answers to all the City Councilmembers regarding questions about account balances and expenditures in the revenue and expenditures report. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. City Council Minutes 07-22-08 Page 12471 • • • (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Richard Morgan dated July 14, 2008. (f) (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of June 30, 2008. RECOMMENDATION TO ACCEPT DONATIONS OF $10,000 FROM MS&L TO BE USED FOR THE 2008 SUMMER CONCERT SERIES AND $20,000 FROM ALLOY MARKETING & PROMOTIONS TO BE USED FOR THE 2009 SUMMER CONCERT SERIES. Memorandum from Finance Director Viki Copeland dated July 14, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action_ : To accept the following donations: $10,000 from MS&L to be used for the 2008 Summer Concert series; and $20,000 from Alloy Marketing & Promotions to be used for the 2009 Summer Concert series. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT RESOLUTION ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE CITY COUNCIL AS 6:00 P.M. FOR PURPOSES OF ADJOURNING TO CLOSED SESSION, WITH THE REGULAR CITY COUNCIL MEETING STARTING NO EARLIER THAN 7:00 P.M. Memorandum from City Manager Stephen Burrell dated July 15, 2008. Action_ : To approve the staff recommendation to adopt Resolution No. 08- 6607, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE HERMOSA CITY COUNCIL." (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 15, 2008. Claimant: Fultz, Lorelei Date of Loss: 04/25/08 Date Filed: 06/23/08 Allegation: Personal Injury City Council Minutes 07-22-08 Page 12472 • Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. • (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JUNE 2, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of June 2, 2008. (j) RECOMMENDATION TO APPROVE REQUEST FROM PROMOTIONS USA FOR A PROMOTIONAL EVENT SATURDAY, JULY 26, 2008, ON THE BEACH DIRECTLY WEST OF THE CONCERT STAGE ON THE SOUTH SIDE OF THE PIER. Memorandum from Community Resources Director Lisa Lynn dated July 16, 2008. Action: To approve the request from Promotions USA for a promotional event Saturday, July 26, 2008, on the beach directly west of the concert stage on the south side of the Pier, as recommended by staff. (k) RECOMMENDATION TO APPROPRIATE $50,661 AND ASSOCIATED REVENUE IN THE GRANT FUND FOR THE REIMBURSABLE PURCHASE OF SELF CONTAINED BREATHING APPARATUS AND ASSOCIATED EQUIPMENT. Memorandum from Interim Fire Chief Steve Parker dated July 15, 2008. (1) This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To appropriate $50,661 and associated revenue in the Grant Fund for the reimbursable purchase of self contained breathing apparatus and associated equipment. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT (PSA) FOR CONSTRUCTION MANAGEMENT SERVICES TO CBM CONSULTING, INC. FOR CIP PROJECT NO. 05-119 STREET IMPROVEMENTS FOR A NOT -TO -EXCEED FEE OF $46,688; AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY NOT TO EXCEED THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated July 14, 2008. City Council Minutes 07-22-08 Page 12473 • This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. (m) • City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: (1) Award a Professional Services Agreement (PSA) for construction management services to CBM Consulting, Inc. for CIP Project No. 05- 119 Street Improvements for a not -to -exceed fee of $46,688; (2) Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and (3) Authorize the Director of Public Works to make minor changes as necessary not to exceed the project budget. Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT (PSA) TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR CIP PROJECT NO. 08- 127 STREET IMPROVEMENTS -VARIOUS LOCATIONS FOR A NOT -TO - EXCEED FEE OF $43,255; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PSA SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated July 14, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement (PSA) to CBM Consulting, Inc. to provide design and construction support services for CIP Project No. 08-127 Street Improvements -Various Locations for a not - to -exceed fee of $43,255; (2) Authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make changes to the agreement within the project budget. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. Or (n) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT (PSA) TO GEOSYNTEC CONSULTANTS FOR PROVIDING ENVIRONMENTAL CONSULTING SERVICES FOR MONITORING PHASE City Council Minutes 07-22-08 Page 12474 • 1 OF CIP NO. 07-420 HERMOSA BEACH STRAND INFILTRATION PROJECT IN THE AMOUNT OF $213,828; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PSA SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated July 15, 2008. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement (PSA) to Geosyntec Consultants for providing environmental consulting services for monitoring Phase 1 of CIP No. 07-420 Hermosa Beach Strand Infiltration project in the amount of $213,828; and (2) Authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney. (o) RECOMMENDATION TO AUTHORIZE APPROPRIATION OF FUNDS NEEDED TO PURCHASE IDENTI-KIT SOLUTIONS CD VERSION 6.0 SOFTWARE INCLUDING THE OPTION FOR FIVE (5) NETWORK USERS AT A COST OF $450; AUTHORIZE APPROPRIATION OF FUNDS NEEDED TO RELOCATE THE INTERROGATION ROOM VIDEO/AUDIO RECORDING STATION FROM THE BRIEFING ROOM TO THE DETECTIVE BUREAU AT A COST OF $252.28 THROUGH FREEZE FRAME SURVEILLANCE INC.; AND, AUTHORIZE APPROPRIATION OF FUNDS NEEDED FOR THE PURCHASE AND INSTALLATION OF ONE VEHICLE SELF-LOCKING SECURITY UNIT FROM ALL -POINTS SECURITY AT A COST OF $252.84 TO BE TESTED IN A PATROL VEHICLE. Memorandum from Police Chief Greg Savelli. (p) Action: To approve the staff recommendation to: (1) Authorize appropriation of funds needed to purchase Identi-Kit Solutions CD Version 6.0 software including the option for five (5) network users at a cost of $450; (2) Authorize appropriation of funds needed to relocate the interrogation room video/audio recording station from the briefing room to the Detective Bureau (networked to each Detective work station) at a cost of $252.28 through Freeze Frame Surveillance Inc.; and (3) Authorize appropriation of funds needed for the purchase and installation of one vehicle self-locking security unit from All -Points Security at a cost of $252.84 to be tested in a patrol vehicle. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 15, 2008. Supplemental excerpt minutes with corrected vote for item 6 received from staff on July 21, 2008, and supplemental letter from Howard Longacre received on July 21, 2008. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Council Minutes 07-22-08 Page 12475 • • Action: To receive and file the action minutes of the Planning Commission meeting of July 15, 2008. Motion Tucker, second Keegan. The motion carried by a unanimous vote. At 7:30 p.m., the order of the agenda was suspended to go to public hearing item 5 (a). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2 (d), (f), (k), (I), (m), and (p) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION RESOLUTION ADOPTED ON JUNE 17, 2008, APPROVING A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A NEW 6,700 SQUARE FOOT TWO-STORY COMMERCIAL BUILDING WITH BASEMENT PARKING CONTAINING OFFICE, SNACK SHOP USES; A CONDITIONAL USE PERMIT FOR A COMMERCIAL CONDOMINIUM AND VESTING TENTATIVE TRACT MAP NO. 70364 TO DIVIDE THE BUILDING INTO 7 CONDOMINIUM UNITS; A CONDITIONAL USE PERMIT FOR OUTDOOR SEATING FOR THE SNACK SHOP; A PARKING PLAN TO PAY PARKING IN -LIEU FEES TO COMPENSATE FOR PROVIDING LESS THAN REQUIRED PARKING ON SITE AND, TO CALCULATE REQUIRED PARKING BASED ON RETAIL USE FOR THE SNACK SHOP AND NET FLOOR AREA; AND, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, LOCATED ON PROPERTY AT 205 PIER AVENUE. Memorandum from Community Development Director Ken Robertson. Supplemental letter from Howard Longacre received on July 21, 2008. Supplemental in -lieu parking Information and a missing page from staff report received on July 22, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:46 p.m. Coming forward to address the Council on this item were: City Council Minutes 07-22-08 Page 12476 • • • Louie Tomaro — project architect, gave a PowerPoint presentation showing a 3D orientation of the project on the small and unusually -shaped site; said the pedestrian -oriented project had been articulated aesthetically to reduce bulk, and landscaping had been added; discussed efforts to provide the required number of parking spaces and the problems encountered; described various uses within the project; said in -lieu parking had been allowed by the City for much larger lots; said their project included no alcohol-related businesses and would be an asset to the community; Jeff Duclos — Hermosa Beach, said the project was too large for the small, irregular lot and seemed out of place; said the in -lieu parking program was intended to accommodate existing downtown businesses; said the Council asked the Planning Commission to review zoning in this area and there should be a moratorium on new projects until that review is completed and recommendations are forwarded to the Council; and Louie Tomaro — project architect, in rebuttal, discussed the size of the building at the slope of the lot and the architectural terracing that made it more like a two-story building than a three-story; said the project was consistent, would fit in and be harmonious with the area. The public hearing closed at 8:15 p.m. Action: To overturn the Planning Commission's approval of the project as submitted, and to remand it back to the Planning Commission. Motion Tucker, second Keegan. The motion carried, noting the dissenting votes of Bobko and Mayor Reviczky. 6. MUNICIPAL MATTERS a. CIP PROJECT NO. 04-116 PIER AVENUE IMPROVEMENT PROJECT — APPROVE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN CONSULTANT SERVICES. Memorandum from Public Works Director Richard Morgan dated July 16, 2008. Supplemental letter received from Howard Longacre on July 21. Supplemental Upper Pier Avenue project schedule and complete proposal from RMM Design Group received from staff on July 21, 2008, and supplemental amended Professional Services Agreement received from staff on July 22, 2008. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jeff Duclos — Hermosa Beach, read comments from the recent resident UPAC survey taken; spoke of concerns that resident wishes were ignored and questioned possible Brown Act violations during the consultant interviews which were not done in open session. City Council Minutes 07-22-08 Page 12477 • City Attorney Jenkins assured the Council there was no violation of the Brown Act, that these type of interviews were not typically conducted in open session; said the names of other companies and their proposals were public records and available for public review. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement (PSA) to RRM Design Group to provide design consultant services for CIP Project No. 04-116 Pier Avenue Improvement Project for a fee of $297,133; and (2) Authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney. Motion Tucker, second Keegan. The motion carried by a unanimous vote. b. REQUEST FROM HERMOSA SHORTS FILM FESTIVAL TO WAIVE FEES TOTALING $4817 FOR THE BEACH SCREENING EVENT AND THE DIRECT COST FEES ASSOCIATED WITH THE FESTIVAL; TO BECOME A CITY SPONSORED EVENT WHICH WOULD ALLOW USE OF THE MARQUEE AT PCH AND PIER AVE; PERMISSION TO DISTRIBUTE FREE TEE SHIRTS AT THE SUNSET CONCERTS ALONG WITH LIMITED STAGE TIME AT THE CONCERTS TO ANNOUNCE THE HERMOSA SHORTS FILM FESTIVAL. • City Manager Burrell presented the staff report and responded to Council questions. • Coming forward to address the Council on this item were: Tom Kearney — representing Hermosa Shorts Film Festival, said they were very close to receiving 501-C3 status; said this was their fifth festival and this year they would show free films for children as well; said they spent $3,000 for set up on the beach; said they wish to be considered a City event and asked for the Council's support Greg Wyatt — representing Hermosa Shorts Film Festival, said the only steps left to obtain their non-profit status were to hold a board meeting, elect officers and send in the final paperwork. Action: To allow the group non-profit status since it is in the final stages of achieving 501-C3 status, noting that the status will not be granted next year if finalization of the process is not completed by then; to allow announcement about Hermosa Shorts at the concerts on the beach; and to allow the group to distribute T-shirts but not with a launcher and not from the stage; with all other requests denied. Motion Keegan, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:05 p.m. The meeting reconvened at 9:16 p.m. City Council Minutes 07-22-08 Page 12478 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST FROM THE ARC -SOUTH BAY TO USE A PARKING LOT DURING THEIR FUND-RAISING EVENT AT THE COMEDY AND MAGIC CLUB ON OCTOBER 17, 2008 FROM 5:00 PM TO 11:00 PM. Memorandum from City Manager Stephen Burrell dated July 15, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To provide free parking for participants of this event at Lot B behind the Bijou Building. Motion Tucker, second Bobko. The motion carried by a unanimous vote. At 9:19 p.m., the order of the agenda went to item 4 — items pulled from the consent calendar. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 2008, at the hour of 9:20 p.m. to the Adjourned Regular Meeting of Tuesday, August 12, 2008, at 6:00 p.m. City Clerk Deputy City Clerk City Council Minutes 07-22-08 Page 12479 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 12, 2008, at the hour of 6:00 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: Approval of minutes of Closed Session meeting held on July 22, 2008. 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 2. 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Ramirez v. City of Hermosa Beach Case Number: YC052333 b. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 City Council Minutes 08-12-08 Page 12480 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 8, 2008, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:05 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:10 p.m. PLEDGE OF ALLEGIANCE — Pat Love ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported that at this evening's closed session, which began at 6 p.m. and adjourned at 7:05 p.m., there were no public comments, no items added to the agenda, and no reportable actions. City Manager Burrell announced the removal of agenda item 6b (regarding wages, hours and working conditions for employees represented by the police officers association, officers and sergeants bargaining group), noting that the item would appear on a future agenda. • ANNOUNCEMENTS — Councilmember Tucker said newspaper articles that reported on several local athletes participating in the Beijing Olympics, did not mention Hermosa Beach resident Jim Van Deusen's niece, Marie, a woman wrestler. • Mayor Pro Tempore Bobko said Leadership Hermosa was accepting applications until Saturday, August 16, and urged interested parties to check online for more information at http://www.leadershiphermosa.org/; also thanked the Fire Department for allowing him to ride with them on National Night Out. Mayor Reviczky asked that the meeting be adjourned in memory of Dallas Yost, a long time Hermosa Beach resident, Kiwanian, and former Redondo Beach Union High School coach; expressed condolences to his wife Dorothy and the rest of the family, and said he would be missed very much. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Steven Crecy regarding the Veterans' Day Ceremony at the Hermosa Beach Veterans' Memorial. No one came forward to address the Council on this letter. City Council Minutes 08-12-08 Page 12481 • t Action: To refer Mr. Crecy's letter to the Parks, Recreation and Community Resources Advisory Commission and prepare a commendation or certificate of recognition for his years of service coordinating the annual ceremony. Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Pat Love — Hermosa Beach, announced the third annual Kiwanis-sponsored Taste at the Beach event on Sunday, August 17, 4-8 p.m. at the Community Center, featuring food and wine from local restaurants, with tickets at $50 per person and proceeds benefiting Project Touch; Julie Jennings - Hermosa Beach, thanked Upper Pier Avenue Committee members for their efforts; said results from a new survey indicated that UPAC recommendations were not what people want; said the original survey was online while the later survey accepted both hand-written and online comments, representing a more diverse cross section of the community; presented a chart comparing the survey results; George Barks — Hermosa Beach property owner, spoke in opposition to agenda item 9a (request to agendize an item to consider changing the morning parking restriction on the east side of Pacific Coast Highway) as it would be bad for businesses already struggling because of the weak economy; (City Manager Burrell clarified that the suggested change was from 9:00 to 9:30 a.m., not from 9:30 to 10 a.m.); Lawrence Jacobson — Hermosa Beach, agreed the parking change would be detrimental to businesses; said safety issues were more important, with pedestrians walking on narrow sidewalks close to the highway's speeding traffic; Roger Bacon — Hermosa Beach businessman on Pacific Coast Highway, showed photographs of the highway's narrow sidewalks which put pedestrians close to the speeding cars; urged the City Council to leave the parking hours the same; Randy Firestone — said he submitted comments in response to the latest Upper Pier Avenue survey; said the UPAC recommendations were not what the people want; Mario Alvarez — Hermosa Beach, showed photographs illustrating safety and aesthetic concerns caused by Ocean Tires near his home; Patty Egerer — Hermosa Beach, said the UPAC findings were disheartening and do not represent her opinions; said the recommendations will damage residential neighborhoods and create public safety concerns; asked the City Council to re-evaluate; and Dr. Edward Connaughton — chiropractor on upper Pier Avenue, said the majority of his neighboring business owners do not want changes to the street and feel they are being squeezed out; said the City Council seemed more concerned with big development than in what the people want; said the Committee's recommendations would simply extend Pier Plaza up the street. City Council Minutes 08-12-08 Page 12482 • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(g) Reviczky, (j) Keegan, and (o) Bobko. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 10, 2008. Action: To approve, as presented, the minutes of the Regular Meeting of June 10, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52637 THROUGH 52910. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR POLICE CAPTAIN. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 4, 2008. Action: To approve the class specification for Police Captain, as recommended. (e) RECOMMENDATION TO EXTEND TERM OF AGREEMENT WITH CONEXUS TO PROVIDE CONSULTING SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT TO DECEMBER 31, 2009, AND DIRECT THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR SERVICES. Memorandum from Community Development Director Ken Robertson dated August 5, 2008. Action: To extend the term of agreement with Conexus to provide consulting services to update the General Plan Housing Element to December 31, 2009, and direct the City Manager to execute an amendment to the agreement for services. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE PUBLIC WORKS COMMISSION MEETING OF JULY 16, 2008. City Council Minutes 08-12-08 Page 12483 • Action: To receive and file the action minutes of the Public Works Commission meeting of July 16, 2008. (g) RECOMMENDATION TO ACCEPT A DONATION OF $10,000 FROM PROMOTIONS, USA (DELL) TO BE USED FOR THE 2009 SUMMER CONCERT SERIES; AND, DONATIONS OF $2,487.36, $2,446.81 & $2,536.50 COLLECTED FROM ANONYMOUS DONORS AT THE SUNSET CONCERTS HELD ON 7/20, 7/27 AND 8/3/08. Memorandum from Finance Director Viki Copeland dated August 4, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $10,000 from Promotions, USA (Dell) to be used for the 2009 Summer Concert series; $ 2,487.36, collected from anonymous donors at the Sunset Concerts held on July 20, 2008, to be used for the 2009 Summer Concert series; $ 2,446.81 collected from anonymous donors at the Sunset Concerts held on July 27, 2008, to be used for the 2009 Summer Concert series; and, $ 2,536.50 collected from anonymous donors at the Sunset Concerts held on August 3, 2008, to be used for the 2009 Summer Concert series; Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote (h) RECOMMENDATION TO ADOPT RESOLUTION REVISING THE CITY OF HERMOSA BEACH PARKING VIOLATION BAIL SCHEDULE. Memorandum from Finance Director Viki Copeland dated August 4, 2008. (1) Action: To approve the staff recommendation to adopt Resolution No. 08- 6608, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING PARKING VIOLATION PENALTIES." RECOMMENDATION TO APPROVE THE ASSIGNMENT OF THE EXISTING LEASE WITH THE KIWANIS CLUB OF HERMOSA BEACH TO THE HERMOSA BEACH KIWANIS FOUNDATION AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. Memorandum from City Manager Stephen Burrell dated August 5, 2008. Action: To approve the assignment of the existing lease with the Kiwanis Club of Hermosa Beach to the Hermosa Beach Kiwanis Foundation and authorize the Mayor to sign the agreement, as recommended by staff. City Council Minutes 08-12-08 Page 12484 • • (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #67274 FOR A 3 -UNIT CONDOMINIUM PROJECT AT 520 8TH STREET. Memorandum from Community Development Director Ken Robertson dated August 5, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Community Development Director Robertson responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6609, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 67274, FOR THE SUBDIVISION OF A THREE -UNIT CONDOMINIUM LOCATED AT 516, 518 AND 520 EIGHTH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." Motion Keegan, second Tucker. The motion carried by a unanimous vote. Further Action: To agendize at a future meeting a policy discussion on referring to the Planning Commission the issue of development standards for three -on -a -lot projects. Motion Keegan, supported by Tucker and Bobko. (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #61508 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 1634 LOMA DRIVE. Memorandum from Community Development Director Ken Robertson dated August 5, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6610, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 61508, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1634 AND 1636 LOMA DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (I) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #62448 FOR A 4 -UNIT CONDOMINIUM PROJECT AT 648 NINTH STREET. Memorandum from Community Development Director Ken Robertson dated August 5, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6611, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 62448, FOR THE SUBDIVISION OF A FOUR -UNIT CONDOMINIUM City Council Minutes 08-12-08 Page 12485 • LOCATED AT 648, 650, 652 AND 654 NINTH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." • (m) RECOMMENDATION TO AWARD CONTRACT FOR FIRE APPARATUS PREVENTATIVE MAINTENANCE NOT TO EXCEED COSTS OF $28,000 TO AMERICAN LA FRANCE OF LOS ANGELES. Memorandum from Interim Fire Chief Steven Parker dated August 4, 2008. Action: To award the contract for fire apparatus preventative maintenance not to exceed costs of $28,000 to American La France of Los Angeles, as recommended by staff. (n) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 5, 2008. Claimant: Tung, SzeTing Date of Loss: 05-27-08 Date Filed: 07-28-08 Allegation: Personal Injury Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (o) RECOMMENDATION TO RECEIVE AND FILE REPORT ON "DOWNTOWN" CRIME AND RELATED ENFORCEMENT ISSUES. Memorandum from Police Chief Greg Savelli. (p) This item was removed from the consent calendar by Mayor Pro Tempore Bobko for separate discussion later in the meeting. Chief Savelli responded to Council questions. Action: To receive and file report on "Downtown" Crime and related enforcement issues. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH PROFESSIONAL & ADMINISTRATIVE EMPLOYEES' ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6612, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF City Council Minutes 08-12-08 Page 12486 • UNDERSTANDING WITH THE HERMOSA BEACH PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES BARGAINING UNIT." • • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(g), (j) and (o) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. SELECTION OF CONSULTANT TO FACILITATE DOWNTOWN VISION AND STRATEGIC PLAN. Memorandum from Community Development Director Ken Robertson dated August 7, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, expressed disappointment at postponing the study of the downtown area, where restrooms were needed and taxi problems had to be addressed, while the Upper Pier Avenue project was moving forward without community support or any real urgency. Action: To defer selection of a consultant for the Downtown Vision and Strategic Plan until Upper Pier Avenue design work and zoning regulations are completed, and to direct staff to prepare a revenue/ cost analysis. Motion Tucker, second Keegan. The motion carried by a unanimous vote. b. RESOLUTION ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE POLICE OFFICERS ASSOCIATION, OFFICERS AND SERGEANTS BARGAINING GROUP. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2008. This item was removed from the agenda by City Manager Burrell. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None City Council Minutes 08-12-08 Page 12487 • 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL • a. VACANCY — BOARDS AND COMMISSIONS: CIVIL SERVICE BOARD - UNEXPIRED TERM ENDING JULY 15, 2008. Memorandum from City Clerk Elaine Doerfling dated August 4, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To accept with great regret the resignation of John Wisdom from the Civil Service Board, effective immediately, and to direct the City Clerk to advertise the Board vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending July 15, 2010. Motion Tucker, second Keegan. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Keegan to request that CalTrans change the lane restriction on the east side of Pacific Coast Highway from 190th Street to Artesia Boulevard from 9:00 to 9:30 a.m. (It was noted that the agenda had incorrectly suggested extending the time of the lane restriction from 9 a.m. to 10 a.m.) Councilmember Keegan amended his request to extend the time of the land restriction between Artesia Boulevard to Aviation Boulevard, rather than to 190th Street. Action: To agendize this issue for the Council meeting on September 9, 2008. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Dallas Yost, on Tuesday, August 12, 2008, at the hour of 8:40 p.m. to the Regular Meeting of Tuesday, September 9, 2008, at 6:00 p.m. (noting that there would be no Council meeting on August 26, 2008.) D,'ep)Gty City Clerk City Council Minutes 08-12-08 Page 12488 0 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 2, 2008, at the hour of 9:12 a.m. • ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Keegan Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 2, 2008, at the hour of 9:13 a.m., to a closed session. CONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, September 2, 2008, at the hour of 10:04 a.m. At the hour of 10:05 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday September 2, 2008, at the hour of 10:06 a.m. to the Regular Meeting of September 9, 2008 at 6:00 p.m. City Clerk City Council Special Minutes 09-02-08 Page 12489 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 9, 2008, at the hour of 6:06 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 1. APPROVAL OF MINUTES: a. Closed Session meeting held on August 12, 2008, and b. Closed Session meeting held on September 2, 2008. 2. CONFERENCE WITH LEGAL COUNSEL Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: Negotiating Parties: Under Negotiation: 552 Eleventh Place Stephen Burrell Richard Thielscher Price & Terms of Payment City Council Minutes 09-9-08 Page 12490 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 2008, at the hour of 6:07 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:40 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:03 p.m. PLEDGE OF ALLEGIANCE — George Schmeltzer ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported there were no public comments and no reportable actions at this evening's closed session. ANNOUNCEMENTS — Councilmember Keegan urged the community to participate in the Coastal Cleanup sponsored by Heal the Bay on Saturday, September 20, to begin at 8:00 a.m. at the Pier head. Councilmember Tucker (1) thanked Community Resources for a successful summer youth program; (2) said the summer concerts had once again been well attended and enjoyable; and (3) said the flashing red signals are now photovoltaic, which require no electricity, and the traffic signals are energy efficient LED lights, as part of the effort to become a Cool City, and more would be installed as the budget allows. Mayor Reviczky asked that the meeting be adjourned in memory of Bud Miller and expressed condolences to his wife Diane and the rest of the family; said Bud was a long time resident, very much involved in civic functions, and would be missed. City Manager Burrell announced that item 6(b) had been removed from the agenda. PRESENTATIONS CERTIFICATE OF COMMENDATION STEVEN CRECY, COORDINATOR HERMOSA BEACH VETERANS' DAY CEREMONY Mayor Reviczky said the commendation would be awarded in absentia because Steve was too humble to be present and had presented a letter instead thanking all the others who had helped him through the years. The Mayor thanked Steve for his 15 years of involvement with the Veterans' Day Memorial and the Ceremony. NATIONAL PREPAREDNESS MONTH SEPTEMBER 2008 Mayor Reviczky read the City's proclamation designating September as "National Preparedness Month" to raise citizen awareness, and presented the proclamation to City Council Minutes 09-9-08 Page 12491 • Emergency Preparedness Advisory Commissioners George Schmeltzer, Tracy Hopkins and William Hallett, who came forward to thank the City for the recognition and then described activities of their Commission and a baseline readiness survey underway to compare with improved readiness at a later date. INTERNATIONAL DAY OF PEACE SEPTEMBER 21, 2008 Mayor Reviczky read the proclamation designating September 21 as "International Day of Peace." A representative for the organization thanked the Council for the proclamation and gave examples of how people could observe the day, either with a group at an organized event or personally on their own. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Mario Alvarez — Hermosa Beach, described problems he has had for some time with a business adjacent to his home; and Jim Lissner — Hermosa Beach, said there was not enough detail on the closed session agenda to indicate what was happening with the City - owned property on Eleventh Place and asked if it was being sold (City Manager Burrell said it was not). 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2 (i) Mayor Reviczky Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Special meeting held on June 18, 2008; 2) Adjourned Regular meeting held on June 24, 2008; 3) Regular meeting held on June 24, 2008; 4) Special meeting held on July 8, 2008; 5) Regular meeting held on July 8, 2008; and 6) Special meeting held on July 22, 2008. • Action: To approve the above -noted minutes, as presented. City Council Minutes 09-9-08 Page 12492 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 52911 THROUGH 53236. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the July 2008 financial reports. (e) RECOMMENDATION TO APPROVE A CHANGE IN SCOPE OF WORK AND AN INCREASE IN FY 07-08 GEOSYNTEC CONTRACT AMOUNT BY $9,109 TO PREPARE THE MONITORING PLAN FOR THE STORMWATER INFILTRATION PROJECT WITH THIS ADDITIONAL COST TO BE REIMBURSED BY GRANT FUNDING OF THIS PROJECT. Memorandum from Public Works Director Richard Morgan dated August 20, 2008. (f) (g) Action: To approve, as recommended by staff, a change in scope of work and an increase in FY 07-08 Geosyntec contract amount by $9,109 to prepare the Monitoring Plan for the Stormwater Infiltration Project, with the additional cost to be reimbursed by grant funding of this project. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) CHEVROLET TAHOE PPV FOR THE POLICE DEPARTMENT AND AUTHORIZE THE PURCHASE OF ONE (1) FORD RANGER 4X4 PICKUP TRUCK FOR THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli dated August 20, 2008. Action: To authorize the purchase of one (1) Chevrolet Tahoe PPV for the Police Department and authorize the purchase of one (1) Ford Ranger 4x4 pickup truck for the Community Services Division of the Police Department, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated August 28, 2008. Action: To receive and file report of Customer Service Surveys/Complaints. City Council Minutes 09-9-08 Page 12493 • (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated August 25, 2008. (i) G) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of July 31, 2008 RECOMMENDATION TO ACCEPT A DONATION OF $300.00 FROM KEN HARTLEY TO BE USED FOR 4 MOTOROLA RADIOS TO BE USED BY THE VOLUNTEERS IN POLICING AND $120.00 FROM CHRISTOPHER ASHLEY TO BE USED FOR COMMUNITY RESOURCES PROGRAMS. Memorandum from Finance Director Viki Copeland dated September 2, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $300 from Ken Hartley to be used for 4 Motorola Radios to be used by the Volunteers in Policing; and $120 from Christopher Ashley to be used for Community Resources programs. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF FUNDS NEEDED TO PURCHASE AND INSTALLATION OF VEHICLE RADIO EQUIPMENT FOR THE DETECTIVE VEHICLE ASSIGNED TO THE SPECIAL INVESTIGATIONS UNIT (SIU), THE COST OF PURCHASE AND INSTALLATION NOT TO EXCEED $4,000; AND AUTHORIZE THE APPROPRIATION OF FUNDS NEEDED TO PURCHASE A TACTICAL BALLISTIC VEST TO BE USED BY THE DETECTIVE ASSIGNED TO THE SPECIAL INVESTIGATIONS UNIT, THE COST OF VEST NOT TO EXCEED $1,500. Memorandum from Police Chief Greg Savelli dated August 28, 2008. Action: To approve the staff recommendation to: (1) Authorize the appropriation of funds needed to purchase and installation of vehicle radio equipment for the detective vehicle assigned to the Special Investigations Unit (SIU), the cost of purchase and installation not to exceed $4,000; and (2) Authorize the appropriation of funds needed to purchase a tactical ballistic vest to be used by the detective assigned to the Special Investigations Unit, the cost of vest not to exceed $1,500. (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. City Council Minutes 09-9-08 Page 12494 • Memorandum from Personnel Director/Risk Manager Michael Earl dated August 28, 2008. Claimant: Sarabi, Navid Date of Loss: 08-22-08 Date Filed: 08-25-08 Allegation: Loss of Property Claimant: Wills, Barry Date of Loss: 04-13-08 Date Filed: 08-25-08 Allegation: Personal Injury Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator, as recommended. (I) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 19, 2008. • ( m ) Action: To receive and file the action minutes of the Planning Commission meeting of August 19, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 5, 2008. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 5, 2008. (n) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 27, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6613, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION 11 Item 2(i) was heard at this time but is shown in order for clarity. City Council Minutes 09-9-08 Page 12495 • Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CODE AMENDMENT TO ALLOW EDUCATIONAL INSTITUTIONS IN THE C-3 ZONE AS A CONDITIONAL USE AND AMEND THE DEFINITION AND PARKING REQUIREMENTS PERTAINING TO SAID USES (TEXT 08-04). Memorandum from Community Development Director Ken Robertson dated September 2, 2008. Councilmember DiVirgilio recused himself from hearing this item as he lives near the proposed location. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:34 p.m. Coming forward to address the Council on this item was: Patty Eqerer — Hermosa Beach, said shuttles transported people parked on Prospect Avenue near View School down to Valley School for a recent event; asked if another school would cause the same problems. The public hearing closed at 7:35 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1294, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW EDUCATIONAL INSTITUTIONS IN THE C-3 ZONE AS A CONDITIONAL USE AND AMEND THEDEFINITION AND PARKING REQUIREMENTS PERTAINING TO SAID USES." Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. At 7:38 p.m., Councilmember DiVirgilio returned to the dais. 6. MUNICIPAL MATTERS a. RESOLUTION ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH PROFESSIONAL ENGINEERS BARGAINING GROUP. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 3, 2008. • Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions. City Council Minutes 09-9-08 Page 12496 • • Coming forward to address the Council on this item were: Dave Twedell — representing the new Professional Engineers Association, said the engineers approached him ten months ago to organize a new bargaining unit because most members of their previous group did not share their priorities about employee benefits; said the impact of their requests would be small as the group has only three employees; and discussed turnover of engineers in the last few years because salary and benefits did not compare favorably with other cities; Frank Senteno — Public Works Associate Engineer, said he is at the top step of his classification and there are no opportunities for a pay increase; asked for fair and equitable compensation based on his knowledge and experience; Homayoon Behboodi — Public Works Associate Engineer, said he has been with the City for more than 18 years and in 1998 was promoted from Assistant Engineer with no salary increase, a problem that has not been resolved despite numerous requests to correct the oversight; said when two engineers resigned from the City in 2005, an additional ten - percent premium was added to salaries to attract engineers because of recruitment difficulties; asked that his pay be adjusted to correct the inequity, including longevity pay; and Ken Reamey — Public Works Associate Engineer for two and one-half years, described his engineering experience for the last 21 years; said even though he received premium pay for a bonus based on performance, he pays more than $6,000 per year to provide medical insurance for his young son and asked the City to pay the entire medical insurance for the families of this small group of three engineers. Action: To approve the staff recommendation to adopt Resolution No. 08- 6614, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH PROFESSIONAL ENGINEERS ASSOCIATION," including the attachment of the City's offer shown on Exhibit A. Motion Keegan, second Bobko. The motion carried, noting the dissenting vote of Tucker. b. RESOLUTION ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE POLICE OFFICERS ASSOCIATION, OFFICERS AND SERGEANTS BARGAINING GROUP. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2008. This item was removed from the agenda. City Council Minutes 09-9-08 Page 12497 • c. PROPOSAL TO DESIGN A NEW MARQUEE PYLON SIGN AT THE COMMUNITY CENTER. Memorandum from City Manager Stephen Burrell dated August 28, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Julian Ryder and Andrew Frank — from the Ryder Group, thanked the City for the opportunity to provide the design service, noting that, as long-time Hermosa residents, they wanted to give back to their community; Jim Lissner — Hermosa Beach, said it was wonderful that these gentlemen were offering their design services; said an electronic sign could be much smaller and provide more information; urged the Council to move forward with higher priority projects, such as additional public restrooms and street repaving; and George Barks — Redondo Beach resident and Hermosa Beach property owner, thanked the individuals offering the donation; said he proposed a change to the sign when he was on the Council but did not have majority support; said he hoped the sign would be updated. Action: To approve the staff recommendation to: (1) Accept the proposal from the Ryder Group (Julian Ryder and Andrew Frank) to design a new marquee pylon sign as a community service; (2) Authorize the Mayor to sign the proposal on behalf of the City; and (3) Direct staff to initiate a change in the zoning ordinance to allow for new technology signs in the OS zone. Motion Keegan, second Tucker. The motion carried by a unanimous vote. d. PACIFIC COAST HIGHWAY — NORTHBOUND MORNING PARKING RESTRICTION PROPOSED CHANGE FROM 6:30 A.M. - 9:00 A.M. TO 6:30 A.M. - 9:30 A.M. FROM AVIATION TO ARTESIA. Memorandum from City Manager Stephen Burrell dated August 28, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: George Barks — former Hermosa Beach mayor, spoke in opposition to the change; said the need to move traffic along quickly had to be balanced with safety and the needs of the businesses in the City; said he had a petition with over 50 signatures opposing the change. The meeting recessed at 8:15 p.m. and the Police were called to restore order. • The meeting reconvened at 8:22 p.m., continuing with item 6d. Continuing to come forward to address the Council on this item were: City Council Minutes 09-9-08 Page 12498 • • Lars Jacobson — Jama Auto House, said he opposed the change because it would increase safety hazards along Pacific Coast Highway (PCH) and be detrimental to the businesses on that thoroughfare; Javier Sola — Sola Auto Works, said this change would create financial hardships for the PCH businesses and increase traffic accidents; Hakan Wiberg — Swedish Pro Tech, said traffic accidents would increase and there was no Police enforcement to discourage speeding; Lisa Holcombe — said safety was the most important issue; said The Pet Care Company customers who often stop on their morning commute to drop off their pets for grooming already had problems entering and exiting the property and the change would make the situation worse; Roger Bacon — Hermosa Beach businessman, said there currently was not much parking and it was not a good idea to further limit the time street parking is available; said a report of traffic accidents showed many on this section of PCH, and the businessmen oppose this change; and Shirley Cassell — Hermosa Beach, praised the two Councilmembers who stayed during the break after Police were called to restore order; said speakers should receive better treatment. Proposed Action: To change the northbound morning parking restriction on the east side of Pacific Coast Highway between Aviation Boulevard and Artesia Boulevard from 6:30 - 9:00 a.m. to 6:30 - 9:30 a.m. Motion Keegan. The motion died for lack of a second. e. SOLID WASTE AGREEMENT THREE-YEAR EXTENSION. Memorandum from City Manager Stephen Burrell dated August 27, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell — Hermosa Beach, asked how much money the trash company received from the recyclables collected in the City, and said the company deserved an increase in their fees (City Manager Burrell said he would obtain the recycling information); Sam Pena — Consolidated Disposal Service; said the City should have a 50% recycling diversion but it was only 26%, about 122 tons per a year; said the company did not receive a lot of money due to the number of scavengers of recyclables as well as the residents and businesses who recycle for cash themselves, both of which reduced the amount collected; and Jim Lissner — Hermosa Beach, requested that the trash trucks be switched to natural gas fuel (City Manager Burrell said this would be an issue when the contract is renewed next time, but not with this extension). Action: To approve the staff recommendation to: City Council Minutes 09-9-08 Page 12499 (1) Approve the second amendment to the Solid Waste and Recyclables Collection, Processing, and Disposal Services agreement between the City of Hermosa Beach and Republic Services Inc., through its wholly owned subsidiary, Consolidated Disposal Service, a California Limited Liability Company; (2) Extend the term three (3) years from 10/1/08 through 9/30/11; (3) Approve a rate adjustment effective 10/1/08; (4) Approve the change of control of Republic Services, Inc. as a result of the acquisition of Allied Waste Industries Inc.; and (5) Authorize the Mayor to sign the consent letter. Motion Keegan, second Tucker. The motion carried by a unanimous vote. f. CITY COUNCIL GOALS AND PROJECT LIST. Memorandum from City Manager Stephen Burrell dated September 4, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell — Hermosa Beach, asked why the report mentions a privately - owned Skate Park (the Council replied that the statement had been removed); and Jim Lissner — Hermosa Beach, said additional restrooms should be included; said 600-800 Community Center parking spaces would encourage more drinkers at the local bars; suggested establishing a remote block of cabs to be contacted by radio as is done at LAX, and eliminating diesel trash trucks and generators; questioned goal #12 and use of the word "dashboard"; asked what an Economic Development Coordinator would have been doing (City Manager Burrell said the position was considered to help with the UPAC plan, but there was no funding). Action: To receive and file the goals and project list, with Goal #4 amended to read: Develop master plan and redevelop west side of Community Center parking lot, tennis courts and skate track funded with City, County and Health District monies. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. AVP CONTRACT — "AD HOC" SUBCOMMITTEE TO CONSIDER RENEWAL OF MULTI-YEAR CONTRACT. Memorandum from City Manager Stephen Burrell dated August 28, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: City Council Minutes 09-9-08 Page 12500 • • Jim Lissner — Hermosa Beach, suggested that all vehicles and equipment fueled by diesel be converted to natural gas, including the shuttle buses and the generators. Action: To appoint an "ad hoc" subcommittee made up of Mayor Reviczky and Councilmember Tucker to work with staff and AVP representatives on developing a new multi-year contract. The "ad hoc" subcommittee will return to the City Council with any recommendations. Motion Keegan, second Bobko. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. REPORT ON CITY/SCHOOL COMPACT MEETING HELD ON AUGUST 28, 2008. Oral report by Councilmembers DiVirgilio and Keegan. Supplemental compact proposal received from City Manager Burrell on September 9, 2008. Councilmembers DiVirgilio reported on Project Forward — a committee to be comprised of 10 voting members (Hermosa Beach residents selected by the Council and School Board through an application and interview process) and two non-voting members (a Council member and a School Board member) charged with developing guiding principles and finding solutions to meet funding gaps and maintain quality schools. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, said a donation from the City should not equate to a position on the committee; said the City should have donated even more money. Action: To approve the joint committee arrangement with the School Board, with a City member to be appointed later, and to change the agreement, in Paragraph #4, to indicate that the City, as well as the School District, should provide resource (financial) information. Motion Keegan, second Bobko. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Bud Miller, on Tuesday, September 9, 2008, at the hour of 9:25 p.m. to the Regular Meeting of Tuesday, September 23, 2008, at 6:00 p.m. City Clerk D,ep I ty City Clerk City Council Minutes 09-9-08 Page 12501 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 23, 2008, at the hour of 7:04 p.m. PLEDGE OF ALLEGIANCE — John Bowler ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Keegan invited everyone to the Hermosa Beach Arts Foundation "Pumpkins in the Park" event at the Community Center on Saturday and Sunday, September 27 and 28, from 9:00 a.m. to 6:00 p.m., where 14 artists would display and sell glass artwork. Mayor Reviczky reminded the community of the bi-annual Hermosa Beach Sister City Association Auction fundraiser at 1800 The Strand on Sunday, September 28, from 1:00 to 4:00 p.m., featuring numerous donations from businesses in town and great food and wine, with tickets at the door. PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Tracy Hopkins — Hermosa Beach Neighborhood Watch and Emergency Preparedness Advisory Commission, encouraged everyone to register on www.shakeout.orq for "Shake Out," a Statewide earthquake drill to raise preparedness awareness; regarding the Upper Pier Advisory Committee (UPAC) recommendations, said 55% of Neighborhood Watch participants have raised concerns about parking and traffic; Elmita Brown — Hermosa Beach Librarian, announced the annual Bookmark Contest for children in Kindergarten through eighth grade, with entries accepted until October 31; said September is Library Card Registration Month and children are specifically encouraged to get a card; Jeff Duclos — Hermosa Beach, requested consent calendar item 2(n) be removed for separate discussion; said the unapproved minutes did not accurately reflect the Public Works Commission meeting; said UPAC recommendations were being rushed through and suggested another Commission hearing to give the topic the attention it deserved; and Jim Lissner — Hermosa Beach, also asked that item 2(n) be pulled; expressed concern about funding UPAC recommendations versus other items; discussed the over -consumption of alcohol caused by bottle service and all -you -can -drink promotions at local businesses and said he had been told this was an issue for California Alcoholic Beverage Control (ABC) rather than the City; suggested that the City asked State Senator Jenny Oropeza to sponsor a bill to prohibit these practices. City Council Minutes 09-23-08 Page 12502 • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (q) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Mayor Reviczky, (j) Keegan and Tucker, (k) DiVirgilio, (I) Keegan, (n) DiVirgilio and Keegan, (o) Keegan and (q) Keegan. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 22, 2008. Action: To approve, as presented, the minutes of the regular meeting of the City Council held on July 22, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 53237 THROUGH 53379. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the July 2008 financial reports: (e) RECOMMENDATION TO ACCEPT A DONATION OF $1,600 FROM KATHRYN DUNBABIN TO BE USED FOR A MEMORIAL BENCH FOR JOHN DUNBABIN. Memorandum from Finance Director Viki Copeland dated September 15, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donor. Action: To accept the following donation: - $1,600 from Kathryn Dunbabin to be used for a memorial bench for John Dunbabin. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. City Council Minutes 09-23-08 Page 12503 • (f) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR THE JAIL PLUMBING REPLACEMENT PROJECT TO GRACE BUILDING MAINTENANCE, INC. OF LOS ANGELES, CA IN THE AMOUNT OF $60,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE TRANSFER OF $34,000 FROM 160-8425- 4201 SANITARY SEWER IMPROVEMENTS TO 160-3102-4201 SEWER/STORM DRAINS; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated September 9, 2008. Action: To approve the staff recommendation to: (1) Award construction contract for the Jail Plumbing Replacement Project to Grace Building Maintenance, Inc. of Los Angeles, CA in the amount of $60,000; (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; (3) Authorize the transfer of $34,000 from 160-8425-4201 Sanitary Sewer Improvements to 160-3102-4201 Sewer/Storm Drains; and (4) Authorize the Director of Public Works to make changes as necessary within the approved budget. (g) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 15, 2008. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of August 31, 2008. (h) RECOMMENDATION TO REAPPROPRIATE FUNDS TO THE 2008-09 BUDGET; APPROVAL REVENUE REVISIONS RELATED TO 2007-08 REAPPROPRIATIONS; ADDITIONAL APPROPRIATIONS NEEDED FOR 2007-08; AND, REVENUE REVISION RELATED TO ADDITIONAL APPROPRIATION FOR 2007-08. Memorandum from Finance Director Viki Copeland dated September 16, 2008. (i) Action: To reappropriate funds to the 2008-09 budget; approval revenue revisions related to 2007-08 reappropriations; additional appropriations needed for 2007-08; and revenue revision related to additional appropriation for 2007-08, as recommended by staff. RECOMMENDATION TO ACCEPT THE WORK BY ZONDIROS CORPORATION, INC. FOR CIP PROJECT NO. 07-423 SEWER IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO City Council Minutes 09-23-08 Page 12504 • • ZONDIROS CORPORATION (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated September 16, 2008. Action: To approve the staff recommendation to: (1) Accept the work by Zondiros Corporation, Inc. for CIP Project No. 07- 423 Sewer Improvements; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Zondiros Corporation (10% retained for 35 days following filing of Notice of Completion). (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 2008. This item was removed from the consent calendar by Councilmembers Keegan and Tucker for separate discussion later in the meeting. Councilmember Keegan asked that the minutes reflect his request to review and reconsider the Planning Commission's denial of beer and wine service at (1) Creme de la Crepe restaurant and the response that action should have been taken September 9 when the August 19 Planning Commission minutes were on the Council's consent calendar; and (2) the New Orleans Cajun Cafe (item 6 of the September 16 Commission minutes) and the response that he had to wait until after final action is taken at the Commission's October 21 meeting. He then requested that the name, as well as the address of a business, always be included in the Planning Commission minutes. City Attorney Jenkins said he would confirm if it was too late to reconsider the Planning Commission's Creme de la Crepe decision and would make sure Councilmember Keegan was aware when final Planning Commission action had been taken regarding the New Orleans Cajun Cafe. In response to a request by Councilmember Tucker to review and reconsider Planning Commission item 10 (text amendment to exempt portable shade canopies from height limits), Community Development Director Robertson said the issue would come before the Council anyway. Action: To receive and file the action minutes of the Planning Commission meeting of September 16, 2008. Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of Keegan. (k) RECOMMENDATION TO APPROVE ADVERTISING FOR BIDS FOR CIP PROJECT NO. 08-127 STREET IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated September 16, 2008. Supplemental information received from staff on September 22, 2008. City Council Minutes 09-23-08 Page 12505 • (1) This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting in order to have Public Works Director Morgan provide details of the street improvements. Action: To approve advertising for bids for CIP Project No. 08-127 Street Improvements, as recommended by staff, as recommended by staff. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 05-119 STREET IMPROVEMENTS TO D & L PAVING, INC. OF YUCAIPA, CALIFORNIA IN THE AMOUNT OF $604,918.33; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACTS SUBJECT TO APPROVAL OF THE CITY ATTORNEY; APPROVE THE PLAN TO USE STP -L FUNDING FOR THIS PROJECT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE ORDERS WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated September 16, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. • Public Works Director Morgan responded to Council questions. • (m) Action: To approve the staff recommendation to: (1) Award a construction contract for CIP Project No. 05-119 Street Improvements to D & L Paving, Inc. of Yucaipa, California in the amount of $604,918.33; (2) Authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attorney; (3) Approve the plan to use STP -L funding for this project; and (4) Authorize the Director of Public Works to approve change orders within the approved budget. Motion Keegan, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF AUGUST 4, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of August 4, 2008. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 17, 2008. This item was removed from the consent calendar by Councilmembers DiVirgilio and Keegan for separate discussion later in the meeting. City Council Minutes 09-23-08 Page 12506 • • Councilmember DiVirgilio expressed concern that pertinent information was presented to the Commission on the day of the meeting, too late for them to digest it, and thought the Commission was discussing issues in Council's jurisdiction rather than those within the parameters given by the Council; Councilmember Tucker said the Commission was charged with advising the Council on the street layout recommendations and that additional public hearings would take place once all elements of the project are investigated. Mayor Pro Tempore Bobko asked if Commissioner Kim MacMullan had to recuse herself from Upper Pier Avenue discussions since she had also served on UPAC, City Attorney Jenkins said no, because it was not a conflict of interest or an item being appealed from one body to another. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the Upper Pier Avenue project presented to the Public Works Commission was different than what the Council approved; said the cost was unknown and with the uncertain economy, the City should not spend money on frivolities, but rather should donate it to the schools, or use it to maintain streets; and Julian Katz — Public Works Commissioner who cast the negative vote at the meeting, said although the Commission was told otherwise, cost is a concern if they are to make recommendations to the Council; said a final decision on the street layout had been postponed until the Commission's October 15 meeting. Action: To receive and file the action minutes of the Public Works Commission meeting of September 17, 2008. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. (o) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 18, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Action: To approve the staff recommendation to adopt Resolution No. 08- 6618, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT." Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of Keegan. City Council Minutes 09-23-08 Page 12507 • (P) (q) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH GENERAL AND SUPERVISORY EMPLOYEES' ASSOCIATION, TEAMSTERS LOCAL 911. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 18, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6615, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH GENERAL & SUPERVISORY EMPLOYEES' ASSOCIATION, TEAMSTERS LOCAL 911." RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 18, 2008 This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Action: To approve the staff recommendation to adopt Resolution No. 08- 6619, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION — POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP." Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of Keegan. At 7:43 p.m., after action on removed consent calendar items 2 (e), (k), (I) and (n), the order of the agenda was suspended to hear public hearing items 5(a) and (b). 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1294 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW EDUCATIONAL INSTITUTIONS IN THE C-3 ZONE AS A CONDITIONAL USE AND AMEND THE DEFINITION AND PARKING REQUIREMENTS PERTAINING TO SAID USES." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 17, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. City Council Minutes 09-23-08 Page 12508 • • Action: To waive full reading and adopt Ordinance No. 08-1294. Motion Tucker, second Bobko. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (j), (k), (I), (n), (o) and (q) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION DECISION OF JULY 15, 2008, TO MODIFY THE CONDITIONAL USE PERMIT INCLUDING A NEW CLOSING TIME OF 1:00 A.M. AT 1320 HERMOSA AVENUE (THE SHORE). Memorandum from Community Development Director Ken Robertson dated September 16, 2008. Two supplemental communications from anonymous residents were received September 22 and 23, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Savelli gave a summary of police callouts and said the Fire Chief and a representative from Alcoholic Beverage Control were also present. The public hearing opened at 8:40 p.m. Coming forward to address the Council on this item were: John Bowler — representing The Shore owners, said bottle service was not required to gain entry nor was there a drink minimum; said the owners questioned only two conditions in the amended CUP — a re -wording of #4 regarding entertainment being incidental, and a change in #8 to cease serving at 1:00 a.m. and have customers vacate and the doors locked at 1:30 a.m. to create a calmer exit that would benefit patrons and the community; spoke of improvements made to the business; Mike Sribney — one of the owners of The Shore, gave details of expensive modifications made to improve the business such as a new chef and a publicist to emphasize fine dining; said he and his wife and son were Hermosa residents and wanted to give back to the community they cared about; said police calls decreased dramatically and he met many times with the Police Chief to maintain open communication; City Council Minutes 09-23-08 Page 12509 • Bill Hedrick — Hermosa Beach, said he had parking problems near his home, which was far from the area, and assumed it was much worse in this neighborhood; cited a resident letter which stated there was partying in the alley behind this business (and Blue 32) until 3:00 a.m.; David Linville — executive chef at The Shore, described his career in Europe, Hollywood and Beverly Hills; said he enjoyed working for the Shore owners, who encourage him to be creative, and serving the Hermosa patrons who frequent the dining room; Sandy Saemann — Hermosa Beach, noted his own restaurant experience and said real restaurants did not need bouncers or have the kinds of problems occurring here; said many Manhattan Beach restaurants close at midnight and are doing fine; Jim Lissner — Hermosa Beach, urged the Council to request State Senator Jenny Oropeza to enter legislation prohibiting bottle service; said better landscape downtown would make people respect the city; and John Bowler — in rebuttal, said the allegation of partying in the alley behind The Shore and Blue 32 did not hold up because there was no access to the alley from those businesses. City Attorney Jenkins stated that documentary evidence, police reports, all attachments and the binder presented by The Shore would be made part of the record of this proceeding. 0 The public hearing closed at 9:16 p.m. • Proposed Action: To uphold the Planning Commission's CUP modification but add that the day of suspension for overcrowding would be the same day of the week on which the violation occurred. Motion Tucker. The motion died for lack of a second. City Attorney Jenkins asked Councilmember Tucker to provide John Bowler with the Internet comments that he read about The Shore. Proposed Action: To sustain the Planning Commission's decision. Motion Bobko, second Keegan. When the motion was amended by Mayor Pro Tempore Bobko to exclude the procedure added to the resolution by staff for a one -day suspension of alcohol sales and live entertainment by the City Manager for overcrowding, Councilmember Keegan withdrew his second, and the motion subsequently died for lack of a second. City Attorney Jenkins clarified that the Planning Commission decision did not include the procedure for suspension by the City Manager for overcrowding. John Bowler returned to the podium and read positive comments about The Shore from the Internet information provided by Councilmember Tucker, who he said had cited only negative comments, noting that there were both positive and negative comments in the printed information he provided. City Council Minutes 09-23-08 Page 12510 • • Action: To approve the staff recommendation to adopt Resolution No. 08- 6616, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO MODIFY A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1320 HERMOSA AVENUE, KNOWN AS 'THE SHORE," including the one -day suspension of alcohol sales and live entertainment by the City Manager for overcrowding. (the last two paragraphs of Condition #10), which was not part of the Planning Commission's decision but rather was a staff recommendation. Motion Keegan, second DiVirgilio. The motion carried, noting the dissenting votes of Bobko and Mayor Reviczky. The meeting recessed at 9:40 p.m. The meeting reconvened at 10:00 p.m. b. APPEAL OF THE PLANNING COMMISSION DECISION OF JULY 15, 2008, TO MODIFY THE CONDITIONAL USE PERMIT AS RECOMMENDED BY STAFF INCLUDING A NEW CLOSING TIME OF 12:00 MIDNIGHT AT 1332 HERMOSA AVENUE, #1 (BLUE 32). Memorandum from Community Development Director Ken Robertson dated September 16, 2008. Supplemental information from Blue 32's attorney received on September 22, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Savelli gave a summary of police calls. Fire Chief Parker said Blue 32 had been cited six times for overcrowding. Regarding Council ex parte disclosures, Councilmember DiVirgilio said he spoke to Mr. Bowler twice; Mayor Pro Tempore Bobko said he spoke to Mr. Bowler; Mayor Reviczky said he spoke to Mr. Bowler. In response to Council questions, Brandie Richard from Alcohol Beverage Control (ABC) said a 2006 audit revealed that Blue 32 was out of compliance with the 50-50 rule (alcohol compared to food sales) for one quarter. The public hearing opened at 10:35 p.m. Coming forward to address the Council on this item were: Dave Lowe - owner/operator of Blue 32, gave a history of the business; said he was told the City Manager had asked the ABC to allow dancing and they had never tried to hide the fact they allowed dancing; cited errors in Police calls and Fire overcrowding violations; apologized for past problems and will continue to improve; said he did not believe the 50- 50 rule defined a restaurant because often an expensive wine costs more the meal; said they had no cover charge but some entertainers City Council Minutes 09-23-08 Page 12511 • demanded a fee and received 100% of it; said they had never had a problem with bottle service; Bill Hedrick — said late closings contribute to drunken driving and this issue should be considered and described two incidents to illustrate this; George Carlos — Hermosa Beach, said he moved here for the beach culture, lives close to the pier and walks to restaurants and bars, and there is ambient noise on the weekends; urged the Council to be consistent with a midnight closing time for all restaurants and bars; expressed concern about property values and said visitors to Hermosa should come to enjoy themselves responsibly; James Yanos — Manhattan Beach business owner and resident, said he had done work for Blue 32 and has eaten there; said Manhattan Beach did not have as many restaurants like this with good food and atmosphere; urged the Council not to be harsh and to realize that Blue 32 is an asset and money maker for the City; William Concha — Hermosa Beach, said he has worked in the bar scene and understands the lifestyle; said Hermosa was a desirable place to visit and many problems were caused by outsiders, who had no investment in the community; said Blue 32 had good food and he took clients there to enjoy the entire evening, including entertainment, so he did not want to have to leave early; Evan Moore — Manhattan Beach, said he went to Blue 32 to avoid being with people who only wanted to drink; said they have great food, service and a more mature clientele than the establishments on Pier Plaza; felt Blue 32 was being singled out and it was not warranted; Kevin Wilkerson — said The Shore and Blue 32 are upscale places and usually the lines outside are the problem; said the City Council should grant these businesses longer hours and allow them to be expanded because they are popular and not big enough; Sandy Saemann — Hermosa Beach, said there are two issues, the calls to the Police Department and the 50-50 rule; said fairness is important and it appears that a lot of restaurants are not being checked while Blue 32 has to certify its records monthly; Ed McLachlan - Manhattan Beach, said he takes his friends and clients to Blue 32 — an upscale restaurant and an asset to the City; Mike Sribney — The Shore, said Blue 32 raised the bar by creating a beautiful place that others like his business copied; said by changing the hours to make them close at midnight, the City is scaring away other nice businesses and could force Blue 32 out of business; Mac Rotina — South Bay resident, said he worked at Pier Plaza, which he enjoys, but goes to Blue 32 when he wants to go to a nice place; said a midnight closure would kill the business; John Bowler — said Blue 32 and The Shore have attracted an improved clientele; said compliance is important, police calls have decreased, and they should not be punished; said it was not the City's place to prohibit dancing although the City can prohibit them from having a dance floor; said Blue 32 is a place the City should want to encourage; and City Council Minutes 09-23-08 Page 12512 1 • Rick Warren — attorney for Blue 32, said there was no foundation for these proceedings that were triggered by police calls and claims of assaults that were questionable because of possible clerical mistakes; cited examples with no supportive evidence; questioned the overcrowding claims, said count -outs were not always handled correctly, noting an incident when a requested count -out was not allowed; said the ABC said they would enforce the dancing prohibition if the City agreed, and now the City has changed its mind; said Blue 32 could serve food only until 10 p.m. and still comply with the 50-50 rule, providing alcohol and entertainment from 10 p.m. to 2 a.m.; said allegations of bouncers injuring patrons resulted from people who were ejected with no evidence of injury; said findings must be based on evidence and there were no findings for the conditions the City wanted to impose. The public hearing closed at 11:30 p.m. City Attorney Jenkins commented on the dancing and overcrowding issues, agreeing that findings must be based on evidence. Fire Chief Parker commented on overcrowding, explaining problems with distractions interfered with obtaining a proper count. Chief Savelli substantiated the assaults with statistics and specific instances. Proposed Action: To impose the same conditions on Blue 32 that were imposed upon The Shore but to exclude the one -day suspension of alcohol sales and live entertainment by the City Manager for overcrowding. (the second two paragraphs of Condition #10). Motion Bobko. The motion died for lack of a second. Proposed Action: To impose the same conditions on Blue 32 that were imposed upon The Shore, including the one -day suspension of alcohol sales and live entertainment by the City Manager for overcrowding. (the second two paragraphs of Condition #10). Motion Bobko. The motion died for lack of a second. Action: To approve the staff recommendation to adopt Resolution No. 08- 6617, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO MODIFY A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE, KNOWN AS "BLUE 32," including the procedure for suspension by the City Manager for overcrowding (Condition #10), and amended as requested by the second to allow the kitchen to close one hour before closing and the restaurant to remain open until 1:00 a.m. on New year's Eve. Motion Tucker, second Keegan. The motion carried, noting the dissenting votes of Bobko and Mayor Reviczky. City Council Minutes 09-23-08 Page 12513 • At 11:45 p.m., after the public hearings, consent calendar items 2 (j), (o) and (q) were heard, followed by items 3(a) and 8 (a). • 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated September 16, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Public Works Commission terms that will expire October 31, 2008, with appointments to be made at the regular Council meeting of October 28, 2008. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, September 24, 2008, at the hour of 12:10 a.m. to the Regular Meeting of Tuesday, October 14, 2008, at 6:00 p.m. Cep Dvpruty City Clerk City Council Minutes 09-23-08 Page 12514 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 14, 2008, at the hour of 6:44 p.m ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 2. APROVAL OF MINUTES: a. Closed Session meeting held on August 12, 2008; b. Closed Session meeting held on September 2, 2008; and c. Closed Session meeting held on September 9, 2008. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 • Property: 552 Eleventh Place Negotiating Parties: Stephen Burrell Richard Thielscher Under Negotiation: Price & Terms of Payment • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 2008, at the hour of 6:45 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — Dorothy Yost ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported on this evening's closed session, noting no public comments and no reportable actions. ANNOUNCEMENTS — Councilmember Tucker reported on a recent League of California Cities conference in Long Beach, including activities of the Coastal Cities Committee of which he is a part, and establishment of fishing preserves along the Southern California coast; urged community attendance at the October 15 Public City Council Minutes 10-14-08 Page 12515 • • Works Commission meeting to provide input on the streetscape elements of the Upper Pier Avenue project. Mayor Pro Tempore Bobko thanked the Woman's Club for inviting him and the Mayor to the dedication of a bench in Ardmore Park on October 10 and also thanked the organization for all that they do for the City. Councilmember DiVirgilio reminded interested parties that applications, which may be obtained at City Hall or on the City's website, are due Friday, October 17, for Project Forward, a joint City/School District committee. Mayor Reviczky asked that the meeting be adjourned in memory of three long-time residents, Joe Diaz and Anna Belchee, and former Redondo Beach Councilmember Marilyn White; said he presented at a Rotary meeting a certificate of appreciation to Bob Peterson, a Rotarian of 58 years; and announced an electronic waste collection on Saturday, October 25 from 10 a.m. to 2 p.m. at Hope Chapel. PRESENTATIONS PRESENTATION BY JOE TERRY, CITY REPRESENTATIVE SOUTH BAY WORKFORCE INVESTMENT BOARD Joe Terry distributed a packet describing the function of the Board which served nine South Bay communities; said they worked with the Employment Development Department to find new jobs for people who are laid off or who lost their jobs when businesses closed; said he would report quarterly on their activities. INTRODUCTION OF POLICE DEPARTMENT PROMOTEES SGT. DON JONES SGT. ROBERT HIGGINS LT. TOM THOMPSON Chief Savelli introduced Sgt. Don Jones and Lt. Tom Thompson, noting that Sgt. Robert Higgins could not attend because he was a new father. He congratulated each of them and described their history with the department. Mayor Reviczky also congratulated them on their well-deserved promotions. PRESENTATION OF COMMENDATION TO LINDSAY TARPLEY 2008 OLYMPIC GOLD MEDALIST U.S. WOMENS SOCCER TEAM Mayor Reviczky read the certification of commendation, noting that Hermosa Beach had more than its share of Olympic Gold Medal winners. Ms. Tarpley thanked the City Council and said she was honored to represent Hermosa Beach. City Council Minutes 10-14-08 Page 12516 • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Dorothy Yost and Sienna Tucker — Woman's Club, gave Pancake Breakfast invitations to elected officials, said the event on Sunday, October 19, from 8 a.m. to noon at the Clark Building, was their major annual fundraiser, said tickets were available from the Woman's Club and at the door for $8 per person or two for $15, with children under 3 free; said in addition to the hearty breakfast, there would be a raffle and silent auction as well as a bounce house and balloons for children; Jan Brittain & Jeff Fraley — Friends of the Park, invited the community to "Pumpkins in the Park" on Saturday, October 18, from 11 a.m. to 1 p.m. at Fort Lots of Fun, for free family fun with costumes, popcorn, hot dogs and candy, free pumpkins and face painting for children, with a puppet show at 11:30 a.m.; said Friends of the Park had presented a $700 check at the Public Works Commission meeting for swings and other equipment for visitors who are handicapped. Denise Di Pasquale - Hermosa Beach, said she was not opposed to the Upper Pier Avenue Project but asked the City Council to consider postponing it in light of the country's current economic crisis; and Dr. Edward Connauqhton — Hermosa Beach chiropractor, asked if the two Councilmembers who also served on the Upper Pier Avenue Advisory Committee should recuse themselves from voting on the project. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (d) and (e) Mayor Reviczky, (g) DiVirgilio, and (n) Tucker. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on August 12, 2008; 2) Minutes of the Special meeting held on September 2, 2008; and 3) Minutes of the Regular meeting held on September 9, 2008. Action: To approve, as presented, the above minutes. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 53380 IllTHROUGH 53614. Action: To ratify the check register as presented. City Council Minutes 10-14-08 Page 12517 I • • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO ACCEPT A DONATION OF $150 FROM RO-AL, INC., DBA PATRICK MOLLOY'S, TO BE USED FOR COMMUNITY RESOURCES PROGRAM MATERIALS. Memorandum from Finance Director Viki Copeland dated October 6, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donor. Action: To accept the following donation: - $150 from Ro-Al, Inc., dba Patrick Molloy's, to be used for Community Resources program materials. Motion Mayor Reviczky, second Bobko. The motion carried by a unanimous vote (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 6, 2008. (f) Claimant: Ross, Maggie Date of Loss: 09-15-08 Date Filed: 10-02-08 Allegation: Property Damage This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Action: To direct staff to come back with a report outlining a curb repair program. Motion Mayor Reviczky, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To deny the above claim and refer it to the City's Liability Claims Administrator. Motion Mayor Reviczky, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 1, 2008. City Council Minutes 10-14-08 Page 12518 • (g) Action: To approve the staff recommendation to adopt Resolution No. 08- 6620, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION." RECOMMENDATION TO REVIEW AND APPROVE THE CITY PROSECUTOR SERVICES AGREEMENT WITH JOHN KILDEBECK. Memorandum from City Manager Stephen Burrell dated October 7, 2008. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the City Prosecutor Services Agreement with John Kildebeck. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #61452 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 445 MANHATTAN AVENUE. Memorandum from Community Development Director Ken Robertson dated October 6, 2008. (i) Action: To approve the staff recommendation to adopt Resolution No. 08- 6621, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #61452 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 445 MANHATTAN AVENUE." RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #65480 FOR AN EXPANSION TO AN EXISTING TWO -UNIT PLANNED UNIT DEVELOPMENT AT 519 AND 523 TWENTY-FIFTH STREET. Memorandum from Community Development Director Ken Robertson dated October 6, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6622, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #65480 FOR AN EXPANSION TO AN EXISTING TWO -UNIT PLANNED UNIT DEVELOPMENT AT 519 AND 523 TWENTY-FIFTH STREET." 0) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #69065 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 1084 MONTEREY BOULEVARD. Memorandum from Community Development Director Ken Robertson dated October 6, 2008. City Council Minutes 10-14-08 Page 12519 • Action: To approve the staff recommendation to adopt Resolution No. 08- 6623, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #69065 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 1084 MONTEREY BOULEVARD." (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 8, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 8, 2008. (I) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH CBM CONSULTING, INC. IN THE AMOUNT OF $35,630 TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR CIP 07- 420 INFILTRATION TRENCH FOR THE PIER AVENUE STORM DRAIN. Memorandum from Public Works Director Richard Morgan dated October 7, 2008. (m) Action: To authorize the Mayor to execute a contract with CBM Consulting, Inc. in the amount of $35,630 to provide construction management services for CIP 07-420 Infiltration Trench for the Pier Avenue Storm Drain, as recommended by staff. RECOMMENDATION TO WAIVE $480 BANNER PERMIT FEE FROM THE HERMOSA BEACH WOMAN'S CLUB FOR THE ANNUAL PANCAKE BREAKFAST ON OCTOBER 19, 2008. Memorandum from City Manager Stephen Burrell dated September 17, 2008. Action: To waive the $480 banner permit fee as requested by the Hermosa Beach Woman's Club for its annual pancake breakfast on October 19, 2008. (n) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 06-641 — CLARK BUILDING REFURBISHMENT — PHASE 2 TO TEXSUN CONSTRUCTION OF BUENA PARK, CALIFORNIA IN THE AMOUNT OF $186,850; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AUTHORIZE THE APPROPRIATION OF $43,639 FROM THE 122 TYCO FUND (122-8641- 4201) FOR THE CLARK BUILDING REFURBISHMENT; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET; AND, REJECT THE BID OF $138,000 FROM M & 0 BUILDERS. Memorandum from Public Works Director Richard Morgan dated October 7, 2008. City Council Minutes 10-14-08 Page 12520 This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson — Chair of the Green Building Committee, reminded the City to include "green" elements in the project. Action: To approve the staff recommendation to: (1) Award construction contract for CIP No. 06-641 — Clark Building Refurbishment — Phase 2 to Texsun Construction of Buena Park, California, in the amount of $186,850; (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; (3) Authorize the appropriation of $43,639 from the 122 Tyco Fund (122- 8641-4201) for the Clark Building Refurbishment; (4) Authorize the Director of Public Works to make changes as necessary within the approved budget; and, (5) Reject the bid of $138,000 from M & 0 Builders. Motion Tucker, second Keegan. The motion carried by a unanimous vote. • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • Items 2(d), (e), (g) and (n) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a. REPORT ON THE "DOWNTOWN" CRIME AND RELATED ENFORCEMENT ISSUES. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To receive and file the report and direct staff to return with proposals and costs associated with a random -sample survey. Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting votes of Keegan and Tucker. City Council Minutes 10-14-08 Page 12521 • • • Further Action: To direct Chief Savelli to report back to the City Council on his needs in order to continue with the additional enforcement, perhaps two weekends per month for four more months. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. b. ANNUAL REVIEW OF FIESTAS — APPROVAL OF 2009 EVENTS. Memorandum from City Manager Stephen Burrell dated October 9, 2008. Letter from Howard Longacre received on October 13, 2008. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said he would like to see non -diesel busses and generators or the ability to plug into existing electricity; Dency Nelson — Chair of the Green Building Committee, said he enjoyed the Fiesta and wanted it to continue; agreed that environmental changes should be made, include additional recycling containers; thanked the Chamber of Commerce for allowing them a booth to raise awareness; Michael Bell — said he was responsible for the busses and generators and was motivated to make the event green for both environmental and economic reasons; and Carla Merriman — Executive Director of the Chamber of Commerce and Visitors Bureau, said the Fiesta was the largest art fair in Southern California, gave statistics exhibiting the benefits to the residents and the businesses. Action: To approve the staff recommendation (#1 and #2), as amended to include additional direction (#3) to: (1) Approve the 2009 Fiestas, Memorial Day weekend (May 23-25, 2009) and Labor Day weekend (September 5-7, 2009); and (2) Direct staff to work with the Chamber of Commerce in developing a new agreement that will begin with the 2010 Fiestas; and (3) Direct staff to work with the Chamber of Commerce on the phasing in of environmental aspects, perhaps applying Prop A transit funds toward green buses. Motion Tucker, second Bobko. The motion carried by a unanimous vote. c. CONSIDERATION OF A PROPOSAL FROM BEACH CITIES TRANSIT TO PARTICIPATE IN FUNDING OPERATION FOR THE ROUTE 109 LINE FOR TWO YEARS ALONG WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH AT A COST OF $56,844 FROM PROPOSITION A FUNDS. Memorandum from City Manager Stephen Burrell dated October 9, 2008. City Manager Burrell responded to Council questions. City Council Minutes 10-14-08 Page 12522 • • Coming forward to address the Council on this item were: Rashel Mereness — Hermosa Beach, shared her frustration trying to use the Route 109 bus with its unpredictable schedule, said if this item goes forward, there needs to be accountability and reliability; said she received no response to her phone calls (City Manager Burrell asked her to call him and he would intercede with Beach Cities Transit); and Dency Nelson — Hermosa Beach, agreed this route would have to be dependable to be truly useful to the public. Action: To continue this item to the meeting of November 25 and invite representatives to attend the meeting. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. d. RESOLUTION REVISING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated September 30, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6624, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 06- 6502, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD AND COMMISSION MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER." Motion Keegan, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS CIVIL SERVICE BOARD UNEXPIRED TERM ENDING JULY 15, 2010. Memorandum from City Clerk Elaine Doerfling dated October 1, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to re -advertise the Civil Service Board vacancy with newspaper publications and normal posting procedures, inviting applications from persons interested in being appointed to fill an unexpired term ending July 15, 2010. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 10-14-08 Page 12523 II b. VACANCIES - BOARDS AND COMMISSIONS: SCHEDULE APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 8, 2008. • City Clerk Doerfling presented the staff report and responded to Council questions. Action: To schedule a meeting for 6:00 p.m. prior to the regular meeting of October 28, 2008, for the purpose of interviewing applicants for the Public Works Commission, with appointments to follow at the regular Council meeting. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Bobko for the City Council to schedule a discussion of the criteria to guide the Planning Commission's CUP reviews next year. Mayor Pro Tempore Bobko requested that a discussion item be agendized for a future Council meeting to give guidance to the Planning Commission for a smoother process of reviewing CUPS the following year. Action: To agendize a discussion to provide guidance to the Planning Commission for future CUP reviews. Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. Request from Councilmember DiVirgilio to approve clarification to the direction to the Planning Commission regarding Upper Pier Avenue. (Memo from Councilmember DiVirgilio) Councilmember DiVirgilio spoke to his request, asking that his memo be relayed to the Planning Commission for clarification of the guidance from Council. Action: To forward Councilmember DiVirgilio's memo to the Planning Commission. Motion DiVirgilio, second Keegan. The motion carried, noting the dissenting vote of Mayor Reviczky. At this time, City Manager Burrell described the deliberate 15 -hour power outage beginning Sunday, October 19, at 9:00 p.m., in order to provide time and safety for Southern California Edison to make critical repairs and replacement of equipment, stating that the area affected would be Pier Plaza north to Fifteenth Street. City Council Minutes 10-14-08 Page 12524 11 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Joe Diaz, Anna Belchee and Marilyn White on Tuesday, October 14, 2008, at the hour of 9:02 p.m. to a Special Joint Meeting with the Hermosa Beach City School District Board of Trustees on Monday, October 20, 2008, at 6:00 p.m., in the Council Chambers. 1 • • City Council Minutes 9 Deputy City Clerk 10-14-08 Page 12525 II MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 20, 2008, at the hour of 6:02 p.m. or ROLL CALL: Present: DiVirgilio, Keegan, Tucker, Mayor Pro Tempore Bobko Absent: Mayor Reviczky Also Present: City Manager Burrell, City Clerk Doerfling PUBLIC PARTICIPATION — None JOINT MEETING WITH THE HERMOSA BEACH CITY SCHOOL DISTRICT BOARD OF TRUSTEES School Board Roll Call: Present: Members Beck, Breen, Zondiros, President Widman Absent: Member Claypoole (arrived at 6:10 p.m.) Also Present: Interim Supervisor Newlin, Executive Assistant Meraz 1. REVIEW AND APPROVE UPDATED PROJECT FORWARD DOCUMENT. School Board Member Breen provided background and gave an overview of Project Forward. Council/Compact members DiVirgilio and Keegan also spoke on the issue. (School Board Member Claypoole arrived at 6:10 p.m. during the presentation.) Joint Action: To reconvene a City Council/School Board joint meeting in late June 2009 to review the Project Forward Committee's report. Motion Keegan, second DiVirgilio. The motion carried unanimously by the Council and School Board members present, noting the absence of Mayor Reviczky. Joint Action: To approve as presented the Project Forward document dated September 29, 2008, containing an overview and the proposal details. Motion Keegan, second DiVirgilio. The motion carried unanimously by the Council and School Board members present, noting the absence of Mayor Reviczky. Mayor Pro Tempore Bobko requested that a Project Forward link be placed on the City's website for public viewing of the document and other pertinent information. 2. IDENTIFY NON-VOTING REPRESENTATIVES FROM EACH BOARD THAT WILL SERVE WITH THE PROJECT FORWARD COMMITTEE. City Council Minutes 10-20-08 Page 12526 School Board Action: To select School Board member Zondiros as the non- voting representative of the Hermosa Beach City School District Board of Trustees to serve with the Project Forward Committee. Motion president Widman, second Claypoole, and unanimously carried. Further School Board Action: By consensus, to select School Board member Claypoole as the alternate to serve in the absence of the School Board representative. City Council Action: To select Mayor Pro Tempore Bobko as the non-voting representative of the Hermosa Beach City Council to serve with the Project Forward Committee. Motion Tucker, second DiVirgilio. The motion carried, noting the absence of Reviczky. Further City Council Action: To select Councilmember Keegan as the alternate to serve in the absence of the City Council representative. Motion Mayor Pro Tempore Bobko, second Tucker. The motion carried, noting the absence of Mayor Reviczky. 3. EACH CITY COUNCIL MEMBER AND EACH SCHOOL BOARD MEMBER SELECTS A COMMITTEE MEMBER. City Clerk Doerfling noted the supplemental memorandum from Mayor Reviczky naming his Committee appointment. Mayor Bobko read the list of Committee applicants. City Manager Burrell said a late application had been received from Lisa Newman. Joint Action: To accept the late application from Lisa Newman. Motion Tucker, second Mayor Pro Tempore Bobko. The motion carried unanimously by the Council and School Board members present, noting the absence of Mayor Reviczky. Each member of the City Council and School Board then alternately selected a member to serve on the Project Forward Committee, as follows: Mayor Reviczky (by memo) School Board president Widman City Councilmember Tucker School Board member Beck City Councilmember Keegan School Board member Zondiros City Councilmember DiVirgilio School Board member Claypoole City Council Minutes Appointees George Schmeltzer Joe Mark Lisa Newman Janine Bozeman Linda Igo Peter Barsuk John Sandoval Susie Fraley 10-20-08 Page 12527 Mayor Pro Tempore Bobko Bruce Greenspon School Board member Breen Susan Darcy City Manager Burrell announced that the Committee's first meeting would be Monday, October, 27, 2008, at 7 p.m. in the City Council Chambers, confirmed that the Committee fell under the Brown Act, and said all meetings would be televised and open to the public. 4. OTHER BUSINESS — None 5. ADJOURN TO THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL ON OCTOBER 28, 2008 AT 6:00 P.M. FOR THE PURPOSE OF INTERVIEWING APPLICANTS FOR THE PUBLIC WORKS COMMISSION. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 20, 2008, at the hour of 6:38 p.m. to the Adjourned Regular Meeting on Tuesday, October 28, 2008, at the hour of 6:00 p.m., for the purpose of interviewing Public Works Commission applicants. • City Council Minutes 10-20-08 Page 12528 1) MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 28, 2008, at the hour of 6:08 p.m. so ROLL CALL: Present: Bobko, DiVirgilio, Tucker, Mayor Reviczky Absent: Keegan (arrived at 6:24 p.m.) INTERVIEWS OF PUBLIC WORKS COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. The incumbents were interviewed first to ensure that Councilmember Keegan (who arrived at 6:24 p.m. during incumbent Marinelli's interview) would be present to interview the new applicants. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Janice Brittain Kimberlee MacMullan Daniel Marinelli Sean Krajewski Jeff Maxwell Kenneth Hartley ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 28, 2008, at the hour of 6:45 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. City Council Minutes 10-28-08 Page 12529 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 28, 2008, at the hour of 7:03 p.m. (There was no closed session at 6:00 p.m.) ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PLEDGE OF ALLEGIANCE - Jeff Duclos ANNOUNCEMENTS — Councilmember DiVirgilio said the newly formed ten -member Project Forward Committee had its first meeting the night before and would be meeting the second Monday of each month, with the next meeting on November 10. He thanked City Manager Steve Burrell for his help in getting this group started. Councilmember Tucker thanked everyone for attending the recent Woman's Club pancake breakfast and making it a very successful fundraiser. He announced a holiday light exchange being held from November 3 through December 5 at the South Bay Environmental Services Center, 3868 Carson Street in Torrance, at which old Christmas lights could be traded for free brighter, more energy efficient LED lights. Councilmember Keegan reminded everyone to vote on November 3 in this very important election and urged voters to study carefully the propositions; said he would be a poll worker at one of the polling places at the Community Center. Mayor Reviczky said Congress had declared November 9 through 15 National Veterans Awareness Week and the city would be having its annual Veteran's Day Ceremony on Veteran's Day, November 11. He asked that the meeting be adjourned in memory of Roy Palmer, a long-time Hermosa resident and a good friend of his who he would miss very much. City Manager Burrell asked the Council to consider adding an item to the agenda which came up after the agenda was posted, a three-year extension of the lease of city -owned property adjacent to the City Hall (Hermosa Self Storage at 552 Eleventh Place) and said that item 6c, a resolution establishing wages, hours, and working conditions governing employees represented by the Hermosa Beach Firefighters Association, had been deleted from the agenda. Action: To remove Item 6(c), the Firefighters resolution, and replace it with the added item, a new item 6(c), extension of the lease. Motion Keegan, second Tucker. The motion carried by a unanimous vote. PRESENTATIONS PRESENTATION FROM JOHN L. HUNTER & ASSOCIATES City Council Minutes 10-28-08 Page 12530 i • • REGARDING COASTAL CLEAN-UP DAY John L. Hunter thanked all who helped with the September 2008 Coastal Cleanup Day sponsored by Heal the Bay in which Hermosa Beach and 19 other cities participated; said there were three times the number of participants but less trash, which is a good sign; showed photographs of the event and presented the City with a poster signed by participants pledging to reduce, re -use, and recycle; presented re -usable cloth grocery bags to the Council. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, asked the Council to rearrange the agenda to select the Public Works Commissioners before the Upper Pier Avenue item so that the applicants would feel free to speak their minds about the project; Harold Cohen — complimented staff and the Council for hiring Police Chief Savelli, said the downtown summer surge was effective and he was happy to see that CUP's were being enforced; supported the volunteer police auxiliary program and suggested volunteers be posted on The Strand and on Hermosa Avenue with signs to slow down bicyclists; Jeff Duclos — Hermosa Beach, agreed that Chief Savelli has done a great job; said the meeting to discuss the Brown Act attended by the Planning, Public Works and Parks & Recreations Commissions and the Project Forward Committee was not noticed and so, ironically, was in violation of the Brown Act; Matt Epuna — New Orleans Restaurant, Hermosa Beach, asked that the Planning Commission minutes be removed from the consent calendar; and Denise Di Pasquale — Hermosa Beach, said she was asking the Council once again to postpone the Upper Pier Avenue Project in light of the economic crisis in the country. City Attorney Jenkins addressed Mr. Duclos' concern about the Brown Act training meeting and said there was no violation of the Brown Act because it was for training purposes only and none of the commissions or committees conducted any business. Mayor Reviczky addressed Ms. Di Pasquale's concerns about the Upper Pier Avenue Project, stating that funds being used could not be used on anything but parts of the City with bus traffic and if the City does not use the funds, they will be lost. City Council Minutes 10-28-08 Page 12531 Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Mayor Reviczky, (g) Keegan and (i) Bobko and Tucker. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MINUTES OF THE MEETINGS OF SEPTEMBER 23, OCTOBER 14 AND OCTOBER 20, 2008. Memorandum from City Clerk Elaine Doerfling dated October 22, 2008. Action: To receive and file memorandum regarding the minutes of the meetings of September 23, October 14 and October 20, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 53615 THROUGH 53741 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 51625 and 53097, as recommended by the City Treasurer. 110 (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the September 2008 financial reports. (e) RECOMMENDATION TO ACCEPT A DONATION OF $699.04 FROM FRIENDS OF THE PARKS TO BE USED TO PURCHASE A UNIVERSALLY ACCESSIBLE CHILD SAFETY SEAT FOR THE VALLEY PARK SWING SET. Memorandum from Finance Director Viki Copeland dated October 20, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: City Council Minutes 10-28-08 Page 12532 - $ 699.04 from Friends of the Park to be used to purchase a universally accessible child safety seat for the Valley Park swing set. Motion Mayor Reviczky, second Bobko. The motion carried by a unanimous vote (f) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated October 15, 2008. (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of September 30, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 7, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 7, 2008, but direct staff to bring back more information regarding the relocation of The Second Story Theater mentioned in the Community Center Remodel (Item 8 in the October 7 minutes). Motion Keegan, second Tucker. The motion carried by a unanimous vote. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF OCTOBER 15, 2008. (i) Action: To receive and file the action minutes of the Public Works Commission meeting of October 15, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21, 2008. This item was removed from the consent calendar by Councilmembers Bobko and Tucker for separate discussion later in the meeting. Coming forward to address the Council on this item was: Matt Epuna — New Orleans Restaurant, Hermosa Beach, said his request to serve beer and wine had been denied by the Planning Commission and he requested that the item be heard before the City Council; Action: To schedule a hearing before the City Council for review and reconsideration of a Planning Commission resolution denying a request for on -sale beer and wine at New Orleans Restaurant, 140 Pier Avenue, (Item 5b on the Planning Commission October 21 minutes) City Council Minutes 10-28-08 Page 12533 Motion Keegan, second Tucker. The motion carried by a unanimous vote. Proposed Action: To schedule a hearing before the City Council for review and reconsideration of a Planning Commission decision to allow on -sale beer and wine tasting in conjunction with off -sale beer and wine at The Winehound, 727 Pacific Coast Highway, (Item 6 on the Planning Commission October 21 minutes) Motion Tucker. The motion died for lack of a second. Regarding Upper Pier Avenue Requirements (Item 9 on the Planning Commission October 21 minutes), direction was given to staff to advise the Planning Commission to consider green issues in future discussions. Further Action: To receive and file the action minutes of the Planning Commission meeting of October 21, 2008. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (j) RECOMMENDATION TO AWARD STEAM CLEANING SERVICE CONTRACT IN THE AMOUNT OF $69,530 FOR DOWNTOWN AND CITY SIDEWALKS TO JAMES ELLIS ENTERPRISES OF LOS ALAMITOS, CALIFORNIA FOR A PERIOD OF THIRTY-TWO (32) MONTHS BEGINNING NOVEMBER 1, 2008 AND ENDING JUNE 30, 2011; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Richard Morgan dated October 20, 2008. Action: To approve the staff recommendation to: (1) Award Steam Cleaning service contract in the amount of $69,530 for Downtown and City sidewalks to James Ellis Enterprises of Los Alamitos, California for a period of thirty-two (32) months beginning November 1, 2008 and ending June 30, 2011; (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to the approval of the City Attorney; and, (3) Authorize the Director of Public Works to make minor changes as necessary within the budget. (k) RECOMMENDATION TO REJECT ALL BIDS FOR MAINTENANCE OF STORM DRAIN CATCH BASINS; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO MAKE ADJUSTMENTS TO THE SCOPE OF WORK AS NECESSARY; AND, AUTHORIZE STAFF TO RE - ADVERTISE FOR BIDS AND INVITE ALL PREVIOUS PARTICIPATING BIDDERS TO RE -BID ON THE PROJECT. Memorandum from Public Works Director Richard Morgan dated October 20, 2008. Action: To approve the staff recommendation to: City Council Minutes 10-28-08 Page 12534 • (1) Reject all bids for Maintenance of Storm Drain Catch Basins; (2) Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary; and, (3) Authorize Staff to re -advertise for bids and invite all previous participating bidders to re -bid on the project. (1) (m) • RECOMMENDATION TO ADOPT RESOLUTION AMENDING MASTER FEE RESOLUTION 90-5422 TO ESTABLISH A FEE FOR CHANGE OF ADDRESS REQUESTS. Memorandum from Community Development Director Ken Robertson dated October 8, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6625, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MASTER FEE RESOLUTION NO. 90-5422 OF THE CITY OF HERMOSA BEACH TO ESTABLISH A FEE FOR ADDRESS CHANGE REQUESTS." RECOMMENDATION TO APPROVE A THREE-YEAR MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF REDONDO BEACH AND THE CITY OF HERMOSA BEACH FOR THE SANTA MONICA BAY BEACHES BACTERIA TOTAL MAXIMUM DAILY LOAD (SMBBB TMDL) SHORELINE WATER QUALITY MONITORING; APPROVE FUNDING CONTRIBUTIONS TO THE CITY OF REDONDO BEACH FOR RETAINING THE SERVICE OF MICHELSON LABORATORY THAT HAS THE EXPERTISE, QUALIFICATIONS AND EQUIPMENT TO PERFORM STORMWATER QUALITY MONITORING SERVICES REQUIRED BY THE SMBBB TMDL MEMORANDA OF AGREEMENT FROM 11/1/08 TO 10/31/11 IN THE AMOUNT OF $5,940 PER YEAR PLUS CPI FOR THE SECOND AND THIRD YEARS; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE MOA SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated October 8, 2008. Action: To approve the staff recommendation to: (1) Approve a three-year Memorandum of Agreement (MOA) between the City of Redondo Beach and the City of Hermosa Beach for the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load (SMBBB TMDL) Shoreline Water Quality Monitoring; (2) Approve funding contributions to the City of Redondo Beach for retaining the service of Michelson Laboratory that has the expertise, qualifications and equipment to perform stormwater quality monitoring services required by the SMBBB TMDL Memoranda of Agreement from 11/1/08 to 10/31/11 in the amount of $5,940 per year plus CPI for the second and third years; and, (3) Authorize the Mayor to execute and the City Clerk to attest the MOA subject to approval by the City Attorney. City Council Minutes 10-28-08 Page 12535 "► (n) RECOMMENDATION TO AWARD SANITARY SEWER AND VIDEO INSPECTION SERVICE CONTRACT IN THE AMOUNT OF $333,450 TO EMPIRE PIPE CLEANING & EQUIPMENT, INC. FOR A PERIOD OF THIRTY-TWO (32) MONTHS BEGINNING NOVEMBER 1, 2008 AND ENDING JUNE 30, 2011; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY IN AN AMOUNT NO TO EXCEED $33,345. Memorandum from Public Works Director Richard Morgan dated October 20, 2008. Action: To approve the staff recommendation to: (1) Award Sanitary Sewer and Video Inspection service contract in the amount of $333,450 to Empire Pipe Cleaning & Equipment, Inc. for a period of thirty-two (32) months beginning November 1, 2008 and ending June 30, 2011; (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to the approval of the City Attorney; and, (3) Authorize the Director of Public Works to make changes as necessary in an amount no to exceed $33,345. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (g) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO EXEMPT SOLAR ENERGY SYSTEMS FROM THE HEIGHT LIMITS. Memorandum from Community Development Director Ken Robertson dated October 21, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:42 p.m. Coming forward to address the Council on this item was: Dency Nelson — Chairman of the Green Building Committee, said he was grateful to City staff and the Planning Commission for this amendment even though State law superseded City law anyway; related his City Council Minutes 10-28-08 Page 12536 0 personal experience with installing photovoltaic in 1999 and 2001 before code language addressed this. t The public hearing closed at 7:46 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1295, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO EXEMPT SOLAR SYSTEMS FROM HEIGHT LIMITS." Motion Keegan, second Tucker. The motion carried by a unanimous vote. b. TEXT AMENDMENT TO EXEMPT SINGLE -POLE SHADE CANOPIES FROM THE HEIGHT LIMITS. Memorandum from Community Development Director Ken Robertson dated October 21, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:51 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:51 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 08-1296, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TEMPORARY PORTABLE SHADE CANOPIES TO EXCEED THE HEIGHT LIMITS." Motion Keegan, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PIER AVENUE IMPROVEMENT PROJECT - CIP NO. 04-116 APPROVAL OF PRELIMINARY PLANS. Memorandum from Public Works Director Richard Morgan dated October 22, 2008. Supplemental letter from Howard Longacre and email from Dean Francois received on October 27, 2008. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jerry Michaels and Brian Hannigan — RRM Design Group, consultants, gave a PowerPoint presentation illustrating their preliminary plans for Upper Pier Avenue Project; Dean Francois — Hermosa Beach, spoke in support of additional bike paths in addition to the one on The Strand; spoke in favor of parallel parking on Upper Pier Avenue and in opposition to widening sidewalks and a "bike boulevard" which provides the sharing of a lane with cars and bicycles; City Council Minutes 10-28-08 Page 12537 • • • Jim Lissner — Hermosa Beach, said he was disappointed that the Council did not select Public Works Commissioners before hearing the Upper Pier Avenue project item; discussed funding for the Upper Pier Avenue Project; urged the Council to spend money wisely because he felt there was little public support for this project; Dency Nelson — Chairman of the Green Building Committee, encouraged the Council to provide green elements in the Upper Pier Avenue Project; was concerned with the requirement to take the lowest bid; felt the Planning Commission should discuss incentives for green buildings on Upper Pier Avenue and other parts of the City; Dr. Ed Connauqhton — chiropractor on Upper Pier Avenue, spoke in opposition to wider sidewalks and medians, stating that these elements would increase parking problems; said it was fiscally irresponsible to continue with this project in the current economic climate; said the Council was not listening to residents and business owners and they should maintain the small town surfer feel of the town and not allow an extension of Pier Plaza to Upper Pier Avenue; said it was wrong for members of the City Council, Planning and Public Works commissions to serve on the Upper Pier Avenue Committee; Jeff Duclos — Hermosa Beach, said he was pleased with the choice of RRM as consultants for this project but said the Council should be more concerned with paving streets and paying legal costs for the oil lawsuit, especially in light of the changed economic conditions; said the Upper Pier Avenue Project could not be completed without using money from the General Fund; suggested there should be an assessment district formed to make necessary changes to Upper Pier; said there was no mention of the traffic impacts of the more elaborate plans for Upper Pier and that a traffic count had been performed but not a traffic study; Julian Katz — Public Works Commissioner, said that the Council should give the Public Works Commission the task of analyzing costs and felt the project costs should be reduced; and Bernard Marie — Hermosa Beach, said he liked Pier Avenue as it was and aside from maybe repairing the sidewalks on Upper Pier, he would like to see money spent on other parts of the City; said the problem on Upper Pier Avenue was not the lack of trees or medians but lack of parking and the proposed changes would increase parking problems. The public hearing closed at 9:29 p.m. Action: To approve the staff recommendation to: (1) Approve preliminary plans for the Pier Avenue Improvement Project and direct staff to proceed with preparation of final plans and specifications for this project, and; (2) Direct staff to investigate funding alternatives and bring back to Council for budget approval. Motion Bobko, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:50 p.m. City Council Minutes 10-28-08 Page 12538 • The meeting reconvened at 10:05 p.m. b. NEW YEAR'S EVE CELEBRATION — DECEMBER 31, 2008 PROPOPSAL. Memorandum from Community Resources Director Lisa Lynn dated October 21, 2008. Community Resources Director Lynn presented the staff report and responded to Council questions. Action: To choose Option C (The Chantays, alternative music genre of surf band music) for New Year's Eve on Pier Plaza. Motion Tucker, second Councilmember DiVirgilio. The motion carried, noting the dissenting vote of Keegan. old c. RESOLUTION ESTABLISHING WAGES, HOURS, AND WORKING CONDITIONS GOVERNING EMPLOYEES REPRESENTED BY THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 23, 2008. This item was removed from the agenda and a NEW item 6c was added by vote of the Council. • new c. EXTENSION OF LEASE FOR A PROPERTY LOCATED AT 552 ELEVENTH PLACE (HERMOSA SELF STORAGE). Memorandum from Finance Director Viki Copeland dated October 27, 2008. • City Manager Burrell presented the staff report and responded to Council questions. Action: To approve a three-year lease with Thielscher-Randall Financial Corporation for property located at 552 Eleventh Place (Hermosa Beach Self Storage) Motion Tucker, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated September 18, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To acknowledge the holiday parking program for all silver meters from Wednesday, November 26, through Thursday, December 25, 2008, and to direct staff to disseminate the information thoroughly, by use of press releases, banners, signage, etc. Motion Keegan, second Bobko. The motion carried by a unanimous vote City Council Minutes 10-28-08 Page 12539 • 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. BOARD/COMMISSION EXPIRATION OF TERMS — APPOINT PUBLIC WORKS COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated October 16, 2008. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Council consensus was to reappoint Janice Brittain, Dan Marinelli, and Kim MacMullan from among the six applicants interviewed earlier this evening to fill the three Public Works Commission expiring terms ending October 31, 2012. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Mayor Reviczky to consider changing the notification radius from 300 feet to 500 feet. Mayor Reviczky spoke to his request. Action: To agendize a discussion of changing the notification radius from 300 to 500 feet with staff to provide financial impact of this change. Motion Mayor Reviczky, supported by Tucker and DiVirgilio. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Roy Palmer, on Tuesday, October 28, 2008, at the hour of 10:19 p.m. to an Adjourned Regular Meeting (closed session) on Thursday, October 30, 2008 at 8:00 a.m. City Clerk • / • City Council Minutes Deputy City Clerk 10-28-08 Page 12540 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, October 30, 2008, at the hour of 8:13 a.m. • ROLL CALL: Present: Bobko, DiVirgilio, Reviczky, Tucker, Keegan Absent: DiVirgilio (arrived at 9:50 a.m.) 1. PUBLIC PARTICIPATION - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 2. MINUTES: Approval of minutes of Closed Session meeting held on October 14, 2008. 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(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 30, 2008, at the hour of 8:14 a.m., to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened on Thursday, October 30, 2008, at the hour of 8:15 a.m. At the hour of 10:30 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 30, 2008, at the hour of 10:31 a.m. to the Regular Meeting of November 25, 2008 at 6:00 p.m. •�de4-C-�,_ 2/L)-€-A-- City Clerk City Council Minutes 10-30-08 Page 12541 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 25, 2008, at the hour of 6:08 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on October 14, 2008; and, b. Closed Session meeting held on October 30, 2008. 2. 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: Case Number: Name of Case: Case Number: Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 Turek et al v. City of Hermosa Beach YC054186 Wright v. City of Hermosa Beach YC054644 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 25, 2008, at the hour of 6:09 p.m., to a closed session. City Council Minutes 11-25-08 Page 12542 • RECONVENE TO OPEN SESSION — At the hour of 6:59 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:03 p.m. • • PLEDGE OF ALLEGIANCE — Peter Hoffman ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None CLOSED SESSION REPORT Regarding the closed session meeting held before the regular meeting, City Attorney Jenkins reported there were no public comments, nothing was added to the posted agenda and there were no reportable actions. ANNOUNCEMENTS Councilmember Keegan wished everyone a Happy Thanksgiving, said the City Christmas Tree Lighting would be on Thursday, December 4, at 6:00 p.m. on Pier Plaza with a visit by Santa and singing by local school children. He also announced a Chamber of Commerce mixer right before the tree lighting. Councilmember Tucker said the wrapping party for the 16th Annual Beach Cities Toy Drive would be held at Joslyn Center in Manhattan Beach on Saturday, December 20 at 11 a.m. and the community was invited to participate, enjoy food and receive a commemorative T-shirt. He said toy collection at Hermosa Beach and Manhattan Beach Fire Departments was beginning the following day. Mayor Reviczky described the rewards of distributing the toys. He added that the Chamber of Commerce mixer at the Mermaid on December 4 was open to the public for a $10 donation or a toy and invited everyone to come down to enjoy the food before the tree lighting. PRESENTATIONS PRESENTATION TO RETIRING CITY EMPLOYEES CAPT. THOMAS ECKERT LT. THOMAS BOHLIN SGT. PAUL WOLCOTT SGT. NANCY COOK SGT. LANCE HEARD CSO SUPERVISOR VINCENT BALVIN CSO SUPERVISOR RICHARD CONTRERAS These presentations were re -scheduled for the retirement party scheduled later in the month for all these Police Department employees. City Council Minutes 11-25-08 Page 12543 • • PRESENTATION BY RYDER COMMUNICATIONS GROUP COMMUNITY CENTER SIGN Julian Ryder and Andrew Frank provided a PowerPoint presentation showing the proposed design of the electronic message board, with a water feature at the base and with landscaping only at the base, and described the proposed size, location, and features. Action: To approve the design concept without the water feature and to direct staff to work with Ryder Communications Group to continue conceptual planning Motion Keegan, second Tucker. The motion carried by a unanimous vote. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Joy Kennelly — South Bay Professional Connection, encouraged all residents to support local Hermosa Beach businesses and specifically to come out on December 7 from Noon to 8 p.m. when certain businesses on Pier Plaza and Upper Pier Avenue would participate in a "Christmas Village" to promote business interests in the City; Brittny Tacker — Paciugo Gelato in Hermosa Beach, also asked people to support shops and restaurants on December 7 from Noon to 8 p.m. when some stores were staying open later, offering discounts, having competitions to foster community spirit and sponsoring projects for needy families; Carla Merriman — Executive Director, Hermosa Beach Chamber of Commerce and Visitors Bureau, said things were bleak for City businesses, along with California and the rest of the nation; she listed 23 Hermosa businesses which had closed in recent months. Jim Lissner — Hermosa Beach, said, according to the annual financial audit, the City had one and one-half million dollars in surplus and suggested the City waive collecting utility user taxes and business license fees for one year; discussed the closed session agenda for the evening, asked how there could be public participation at the closed session and suggested that the name of the parties in litigation be listed on the web agenda as well as on the hard copy posted agenda; • City Attorney Jenkins clarified that public participation on any item on the closed session agenda is welcomed at 6:00 p.m. before the closed session is actually convened; City Council Minutes 11-25-08 Page 12544 . At 7:37 p.m., the order of the agenda was suspended to hear public hearing item • 5(a). 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through s) with the exception of the following item, which was removed for discussion in item 4, but are shown in order for clarity: 2(n) Mayor Reviczky. Motion Keegan, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on September 23, 2008; 2) Minutes of the Regular meeting held on October 14, 2008; and 3) Minutes of the Adjourned Regular meeting on October 20, 2008; and, 4) Minutes of the Adjourned Regular Meeting held on October 28, 2008. Action: To approve, as presented, the above minutes. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 53745 THROUGH 54013 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check number 53764, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the October 2008 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 17, 2008. • Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of October 31, 2008 City Council Minutes 11-25-08 Page 12545 • (f) (g) RECOMMENDATION TO RECEIVE AND FILE LIST, PREPARED FOR POSTING BY THE CITY CLERK PURSUANT TO STATE LAW, OF ALL REGULAR AND ONGOING HERMOSA BEACH BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2009 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 6, 2008. Action: To receive and file list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2009 calendar year. RECOMMENDATION TO REJECT ALL BIDS SUBMITTED FOR IWP SUPER SERIES 30S GENIE LIFT AND AUTHORIZE STAFF TO RE - ADVERTISE FOR BIDS FOR AWP SUPER SERIES 30S GENIE LIFT. Memorandum from Community Resources Director Lisa Lynn dated November 17, 2008. Action: To approve the staff recommendation to: (1) Reject all bids submitted for IWP Super Series 30S Genie Lift; and, (2) Authorize staff to re -advertise for bids for AWP Super Series 30S Genie Lift. • (h) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE EASEMENT AGREEMENT BETWEEN THE CITY AND TYCOM NETWORKS (US) FOR A SUBMARINE FIBER OPTIC CABLE SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AGREEMENT. Memorandum from Community Development Director Ken Robertson dated November 18, 2008. Supplemental information received from staff on November 25, 2008. Action: To approve the staff recommendation to adopt Resolution No. 08- 6626, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE EASEMENT AGREEMENT BETWEEN THE CITY AND TYCOM NETWORKS (US) INC. FOR A SUBMARINE FIBER OPTIC CABLE SYSTEM." (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 18, 2008. Action: To receive and file the action minutes of the Planning Commission meeting of November 18, 2008. • (j) RECOMMENDATION TO ACCEPT THE WORK BY COPP CONTRACTING, INC. FOR CIP PROJECT NO. 07-133 STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, City Council Minutes 11-25-08 Page 12546 • • AUTHORIZE STAFF TO RELEASE PAYMENT TO COPP CONTRACTING (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated November 18, 2008. Action: Approve the staff recommendation to: (1) To accept the work by Copp Contracting, Inc. for CIP Project No. 07- 133 Street Improvements; (2) Authorize the Mayor to sign the Notice of Completion; and, (3) Authorize staff to release payment to Copp Contracting (10% retained for 35 days following filing of Notice of Completion) (k) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) 2008 CHEVROLET TAHOE FOR THE FIRE DEPARTMENT. Memorandum from Interim Fire Chief Steve Parker dated November 18, 2008. (I) (m) Action: To authorize the purchase of one (1) 2008 Chevrolet Tahoe for the Fire Department. RECOMMENDATION TO RATIFY THE THREE-YEAR EXTENSION OF THE LEASE WITH THIELSCHER-RANDALL FINANCIAL CORPORATION FOR PROPERTY LOCATED AT 552 ELEVENTH PLACE (HERMOSA SELF - STORAGE) THAT WAS APPROVED AT THE OCTOBER 28, 2008 CITY COUNCIL MEETING. Memorandum from Finance Director Viki Copeland dated November 19, 2008. Action: To ratify the three-year extension of the lease with Thielscher- Randall Financial Corporation for property located at 552 Eleventh Place (Hermosa Self -Storage) that was approved at the City Council meeting on October 28, 2008. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR TO ISSUE A NOTICE OF REJECTION. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 17, 2008. Claimant: Toumajian, Michael Date of Loss: 10-11-08 Date Filed: 11-06-08 Allegation: Personal Injury Action: To deny the above claim and refer it to the City's Liability Claims Administrator. (n) RECOMMENDATION TO AMEND PROFESSIONAL SERVICES AGREEMENT TO ADRIAN GAUS ARCHITECTURE, INC. TO PROVIDE DESIGN SERVICES FOR PROJECT NO. CIP 07-649 COMMUNITY City Council Minutes 11-25-08 Page 12547 • CENTER GENERAL IMPROVEMENTS, FOR AN INCREASED FEE OF $17,050; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PSA SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated November 18, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Public Works Director Rick Morgan and Public Works Engineer Ken Reamey responded to Council questions. Action: To approve the staff recommendation to: (1) Amend Professional Services Agreement to Adrian Gaus Architecture, Inc. to provide design services for Project No. CIP 07-649 Community Center General Improvements, for an increased fee of $17,050; (2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and, (3) Authorize the Director of Public Works to make changes to the agreement within the project budget. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. (o) RECOMMENDATION TO REJECT ALL BIDS FOR CARPET TILES AND INSTALLATION IN THE POLICE DEPARTMENT BASEMENT OFFICES AND AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS AND INVITE ALL PREVIOUS PARTICIPATING BIDDERS TO RE -BID FOR THE PROJECT. Memorandum from Police Chief Greg Savelli dated November 20, 2008. (p) (q) Action: To approve the staff recommendation to: (1) Reject all bids for carpet tiles and installation in the Police Department basement offices; and, (2) Authorize staff to re -advertise for bids and invite all previous participating bidders to re -bid for the project. RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR OFFICE ASSISTANT. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 19, 2008. Action: To approve the class specification for Office Assistant. RECOMMENDATION TO RECEIVE AND FILE THE 2007-08 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), WHICH INCLUDES THE REPORT FROM CAPORICCI AND LARSON, OUR City Council Minutes 11-25-08 Page 12548 INDEPENDENT AUDITORS. Memorandum from Finance Director • Viki Copeland dated November 18, 2008. Action: To receive and file the 2007-08 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors. (r) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 19, 2008. Action: To receive and file the action minutes of the Public Works Commission meeting of November 19, 2008. (s) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF OCTOBER 6, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of October 6, 2008. 3. CONSENT ORDINANCES a. ORDINANCE NO. 08-1295 — "AN ORDINANCE OF THE CITY OF • HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO EXEMPT SOLAR SYSTEMS FROM HEIGHT LIMITS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 12, 2008. Action: To waive full reading and adopt Ordinance No. 08-1295. Motion Keegan, second Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 08-1296 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TEMPORARY PORTABLE SHADE CANOPIES TO EXCEED THE HEIGHT LIMITS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 12, 2008. Action: To waive full reading and adopt Ordinance No. 08-1296. Motion Tucker, second Keegan. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky City Council Minutes 11-25-08 Page 12549 • • • NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(n) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION RESOLUTION ADOPTED ON OCTOBER 21, 2008, TO DENY ON -SALE BEER AND WINE AT 140 PIER AVENUE, (NEW ORLEANS RESTAURANT). Memorandum from Community Development Director Ken Robertson dated November 13, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item were: Louis Skelton — architect for New Orleans Restaurant, described the remodeling project presented to the Planning Commission to provide views of the street, open air dining, an additional restroom which would mean the loss of seating for dining; said the family -operated restaurant was not a bar or an entertainment facility but wine and beer complimented the quality homemade food; said the restaurant was open five nights a week only and closed at 10:00 p.m. Matt Epuna — restaurant owner, said he and his wife had operated the restaurant for 11 1/2 years and in the past customers had brought their own beer and wine until he was informed by the Police Department that this was not allowed; said he has lost customers and reservations for parties since they cannot bring their own beer and wine; said he felt the ability to serve these drinks was important for his continuing a successful business; requested that during Mardi Gras they be allowed to close at 12:30 a.m. twice on the weekend near Mardi Gras instead of 10:00 p.m.; said there was no community opposition to his request; Jay Gleason — said beer or wine heightened the flavors of the New Orleans cuisine and it was unfair to deny this restaurant permission to serve beer and alcohol when others with a similar menu, location and hours enjoyed this right; said the restaurant closes at 10:00 p.m. and agreed it would be appropriate to stay open for the two weekend nights near Mardi Gras; City Council Minutes 11-25-08 Page 12550 • • • Carla Merriman — Executive Director, Hermosa Beach Chamber of Commerce and Visitors Bureau, spoke on behalf of Cassandra Epuna, who had a reputation for preparing excellent cuisine in a homey atmosphere; said the restaurant attracted a mature and family clientele; said the restaurant had an early closing time of 10:00 p.m. and there had been no problems with noise or disorderly conduct; Rachel Mariness — spoke in support of the restaurant and said it would not survive without beer and wine; said it would be a shame to lose this business; said the City should support a restaurant in which the owner cooks for the diners in this tiny restaurant which seated only 38 people; said another restaurant nearby with similar cuisine was permitted to serve beer, making it hard for this establishment to compete; and Jim Lissner — Hermosa Beach, supported the restaurant's request to serve beer and wine; said that restaurants with reasonable hours should be allowed this right; The public hearing closed at 8:00 p.m. Proposed Action: To overturn the Planning Commission decision and allow on -sale beer and wine maintaining the current closing time of 10:00 p.m., but allow a closing time of Midnight for two seasonal Mardi Gras events. Motion Keegan, second Tucker. The motion failed, noting the dissenting votes of Bobko, DiVirgilio and Tucker. Action: To approve the staff recommendation to adopt Resolution No. 08- 6627, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR ON -SALE BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 140 PIER AVENUE, KNOWN AS "NEW ORLEANS CAJUN CAFE," LEGALLY DESCRIBED AS LOTS 13 AND 14, FIRST ADDITION TO HERMOSA BEACH." Motion Bobko, second Tucker. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky. The meeting recessed at 8:20 p.m. The meeting reconvened at 8:32 p.m. 6. MUNICIPAL MATTERS a. CONSIDERATION OF A PROPOSAL FROM BEACH CITIES TRANSIT TO PARTICIPATE IN FUNDING OPERATION FOR THE ROUTE 109 LINE FOR TWO YEARS ALONG WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH AT A COST OF $56,844 FROM PROPOSITION A FUNDS. Memorandum from City Manager Stephen Burrell dated November 18, 2008. City Council Minutes 11-25-08 Page 12551 City Manager Burrell presented the staff report and responded to Council 0 questions. • • Coming forward to address the Council on this item were: Hal Suctsugu — Consultant to Beach Cities Transit, discussed complaints about the reliability of Route 109 and efforts to solve refueling delays which interfere with maintaining a predictable schedule; said the goal is to provide communication and security with a plan to post at each stop schedule and an 800 phone number; E.J. Caldwell — Manhattan Beach, said his attempts to use this route were thwarted by the bus coming early or late, sometimes within a 40 - minute window and he hoped Hermosa Beach would be able to influence improvement of the route by conditional funding ; Dency Nelson — Chairman of the Green Building Committee, spoke in support of public transportation but said the key is reliability and promotion; encouraged the Council to continue participation based on these goals; Ken Reamey — a Hermosa Beach City employees, said he tried using this route but also found the bus arrived early or late; said even though the MTA bus was more expensive, it was more reliable and the only way to promote ridership was to demand accountability; and Randy Laffey — Hermosa Beach, agreed a reliable schedule and promotion of the route would make it more successful. Action: To approve the staff recommendation to: (1) Approve the participation along with the other cities and direct the Mayor to sign the agreement on behalf of the City; and, (2) Appropriate $26,801 in Proposition A funds for 2008-09 Fiscal Year. (3) If the bus schedule and 800 phone number are not posted at bus stops in Hermosa Beach by the end of three months, withhold balance of the funding Motion Keegan, second Tucker. The motion carried by a unanimous vote. b. COMMUNITY CENTER REMODEL — SECOND STORY THEATER. Memorandum from Community Resources Director Lisa Lynn dated November 17, 2008. Community Resources Director Lynn presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson — Hermosa Beach, said he hoped the City would remember to include green elements in this remodel. Action: To approve the remodel project. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 11-25-08 Page 12552 c. GREEN TASK FORCE. Memorandum from Community Development IDDirector Ken Robertson dated November 12, 2008. • • Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson — discussed the history of the Green Building Committee leading up to the formation of the Green Task Force; thanked the people involved in this process and made suggestions for furthering the progress of the City's green goals. Action: To approve the Green Building Committee's recommendation to: (1) Restructure the Green Building Committee into a Green Task Force with a broader mandate, formal selection process and regularly scheduled meetings; and, (2) Direct the Community Development Department to be the primary liaison to the Green Task Force and to administer the selection process to establish the Green Task Force. Motion Tucker, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. JOINT CITY COUNCIL/SCHOOL BOARD MEETING — PROPOSED DATE TUESDAY, JUNE 30, 2009. Memorandum from City Manager Stephen Burrell dated November 20, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To schedule the next joint meeting with the School Board for Tuesday, June 30, 2009. at 7:00 p.m. Motion Keegan, second Tucker. The motion carried by a unanimous vote 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — UNEXPIRED TERM CIVIL SERVICE BOARD — SCHEDULE INTERVIEWS. Memorandum from City Clerk Elaine Doerfling dated November 18, 2008. Deputy City Clerk Drasco presented the staff report and responded to Council questions. Action: To schedule a meeting at 6:30 p.m. prior to the regular meeting of Tuesday, December 9, 2008 for the purpose of interviewing applicants for an unexpired term ending July 15, 2010, to the Civil Service Board, with appointment to be made that evening at the regular meeting. City Council Minutes 11-25-08 Page 12553 • • • Motion Keegan, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL 1. Request from Councilmember Keegan to refer to the Planning Commission a discussion of restaurants closing at 10 p.m. being allowed permission for on -sale beer and wine without a CUP as long as they meet all other requirements. Action: To refer the above subject to the Planning Commission and hold discussion within the same agenda item at which restaurant definitions are held. Motion Keegan, supported by Tucker and Mayor Reviczky. 2. A request from Councilmember Tucker regarding broom ball challenge at the ice rink at Seaside Lagoon from the City of Redondo Beach. Action: Council consensus was to direct Councilmember Tucker to inform the City of Redondo Beach that the Hermosa Beach City Councilmembers are interested and to obtain a date and game rules. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, November 25, 2008, at the hour of 9:45 p.m. to the Regular Meeting of Tuesday, December 9, 2008, at 6:00 p.m. City Council Minutes kc2i_ Deputy City Clerk 11-25-08 Page 12554 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of 410 the City of Hermosa Beach, California, held on Tuesday, December 9, 2008, at the hour of 6:10 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None INTERVIEWS OF CIVIL SERVICE BOARD APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Jeff Maxwell Mary Lou Weiss Sean Krajewski ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 9, 2008, at the hour of 6:40 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. City Council Minutes 12-9-08 Page 12555 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 9, 2008, at the hour of 7:12 p.m. PLEDGE OF ALLEGIANCE — Fred Hahn ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilmember Tucker announced the wrapping party for the 16th Annual Beach Cities Toy Drive on Saturday, December 20, at 11:00 a.m., at Joslyn Center in Manhattan Beach and encouraged everyone to help with this worthwhile project for needy families and to enjoy entertainment, food from local restaurants and receive a T-shirt. He wished a Happy Holiday season to all the service organizations which make Hermosa Beach a great place, the businesses, and the City staff who would receive the poinsettias decorating the Council Chambers. Councilmember DiVirgilio said the City Council Compact was making progress on a contract between the City and the School Board with details of the City's financial support of $100,000. Mayor Pro Tempore Bobko said he was not able to attend the Project Forward meeting the previous evening but he watched the online video streaming of the meeting; said the next meeting is Monday, January 12, at 7:00 p.m. Councilmember Keegan congratulated Hermosa Beach resident Matt Allen, one of the screenwriters of Four Christmases, on a successful movie. City Manager Burrell introduced the new fire chief, David Lantzer, formerly of Hopeville in Imperial County. Chief Lantzer, thanked everyone for the warm welcome; said he and his wife were living in Hermosa Beach, the best way to become familiar with the community; said he had met many staff members and was looking forward to meeting more. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Longacre dated December 1, 2008 regarding gateway sign, AB1234 requirements, and signs in open space text amendment. No one came forward to address the Council on this letter. City Council Minutes 12-9-08 Page 12556 • Action: To file and receive the letter. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. • • Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, put a copy of the first page of the agenda for the last Council meeting on the screen and pointed out the "Presentation by the Ryder Group"; said this presentation resulted in the City Council approving the sign and he asked that the Council revisit this item because the way it was listed as a presentation and an approval given without an opportunity for public comment was a Brown Act violation; said money would be better spent on the schools than on this sign; and Mike Lacey — Hermosa Beach Comedy and Magic Club, said he had spoken to Police Chief Savelli about the homeless situation in Hermosa Beach which he felt was out of control; he described specific incidents at or near his Club which had alienated guests and performers; said he would gladly volunteer to help implement a plan to improve the situation. City Attorney Jenkins explained that the Ryder presentation was intended to unveil the design for the Council to determine if the project would move forward and the staff report indicated this; said the agenda could have made this more clear; clarified the sign had not been "approved" and would be coming back on a future agenda with more detail. Regarding other subjects discussed by Mr. Lissner and Mr. Lacey, the Council responded that the City has its own pending financial crisis also and suggested that the School District contact the Beach Cities Health District for assistance because every taxpayer contributes to this district; and agreed the homeless situation needs be addressed. City Manager Burrell suggested that a report be brought back to the Council to discuss homeless issues, including studying methods other cities have used and consulting with the Chamber of Commerce. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Mayor Reviczky and (o) Keegan Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Regular meeting held on October 28, 2008; and, (2) Minutes of the Adjourned Regular meeting held on October 30, 2008 City Council Minutes 12-9-08 Page 12557 • • • Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on October 28 2008, and the Adjourned Regular meeting held on October 30, 2008. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54014 THROUGH 54151 Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO APPROVE DONATIONS OF $1,000 TO THE REDONDO UNION HIGH SCHOOL GRAD NIGHT COMMITTEE 2009 AND $1,000 TO THE MIRA COSTA HIGH SCHOOL G.R.A.D. BOOSTER CLUB FOR 2009. Memorandum from City Manager Stephen Burrell dated November 26, 2008. Action: To approve donations of $1,000 to the Redondo Union High School Grad Night Committee 2009 and $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2009. (e) RECOMMENDATION TO ACCEPT A DONATIONS OF $250 FROM BARTEL ASSOCIATES, LLC AND $500 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR VETERAN'S MEMORIAL MAINTENANCE, $1600 FROM JEAN NESTOJKO FOR A MEMORIAL BENCH FOR PETER D. NESTOJKO; $250 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE TREE LIGHTING CEREMONY; $250 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE BREAKFAST WITH SANTA EVENT; $250 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE SAND SNOWMAN CONTEST; AND, $1,600 FROM CORRINE SCHRATZ TO BE USED FOR A MEMORIAL BENCH FOR BOB SCHRATZ. Memorandum from Finance Director Viki Copeland dated December 1, 2008. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $250 from Bartel Associates, LLC - $500 from the Woman's Club of Hermosa Beach to be used for Veteran's Memorial Maintenance; - $1600 from Jean Nestojko for a memorial bench for Peter D. Nestojko; City Council Minutes 12-9-08 Page 12558 • • • (f) (g) - $250 from the Woman's Club of Hermosa Beach to be used for the Tree Lighting Ceremony; - $250 from the Woman's Club of Hermosa Beach to be used for the Breakfast with Santa event; - $250 from the Woman's Club of Hermosa Beach to be used for the Sand Snowman Contest; and, - $1,600 from Corrine Schratz to be used for a memorial bench for Bob Schratz. Motion Mayor Reviczky, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR TO ISSUE THE NOTICE OF REJECTION. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 1, 2008. Claimant: Brink, Jody Date of Loss: 11/07/08 Date Filed: 11/25/08 Allegation: Property Damage Claimant: Probst, Scott Date of Loss:1 0/29/08 Date Filed: 11/17/08 Allegation: Property Damage Action: To deny the above claims and refer them to the City's Liability Claims Administrator. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated December 1, 2008. Action: To receive and file report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO AWARD BID FOR CARPET TILES AND INSTALLATION IN POLICE DEPARTMENT BASEMENT OFFICES. Memorandum from Police Chief Greg Savelli dated December 2, 2008. Supplemental bid results from staff received on December 8, 2008 City Manager Burrell responded to Council questions. Action: To award bid for carpet tiles and installation in Police Department basement offices to Floor Covering Unlimited, Inc. for $14,054.00. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 12-9-08 Page 12559 • • • (i) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 08-654 — COMMUNITY CENTER ELECTRICAL UPGRADES TO TAMANG ELECTRIC OF CHINO, CALIFORNIA IN THE AMOUNT OF $107,800; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AUTHORIZE PAYMENT OF $17,400 TO SOUTHERN CALIFORNIA EDISON FOR ADDED FACILITIES CHARGE AND OTHER FEES; AUTHORIZE THE TRANSFER OF $16,878 FROM THE 301 CAPITAL IMPROVEMENT FUND (301-8644-4201) FOR THE COMMUNITY CENTER ELECTRICAL UPGRADE; AUTHORIZE THE TRANSFER OF $40,000 FROM THE 301 CAPITAL IMPROVEMENT FUND (301-8535-4201) FOR THE COMMUNITY CENTER ELECTRICAL UPGRADE; AUTHORIZE THE TRANSFER OF $35,000 FROM THE CAPITAL IMPROVEMENT FUND (301-8650-4201) FOR THE COMMUNITY CENTER ELECTRICAL UPGRADE; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated December 2, 2008. Action: To approve staff recommendation to: (1) Award construction contract for CIP No. 08-654 — Community Center Electrical Upgrades to Tamang Electric of Chino, California in the amount of $107,800; (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; authorize payment of $17,400 to Southern California Edison for added facilities charge and other fees; (3) Authorize the transfer of $16,878 from the 301 Capital Improvement Fund (301-8644-4201) for the Community Center Electrical Upgrade; (4) Authorize the transfer of $40,000 from the 301 Capital Improvement Fund (301-8535-4201) for the Community Center Electrical Upgrade; (5) Authorize the transfer of $35,000 from the Capital Improvement Fund (301-8650-4201) for the Community Center Electrical Upgrade; and, (6) Authorize the Director of Public Works to make changes as necessary within the approved budget. (j) RECOMMENDATION TO AWARD CONSRUCTION CONTRACT FOR CIP NO. 06-644 — REMODEL SOUTH WING RESTROOMS TO JOSEPH F. FASONE GENERAL BUILDING CONTRACTOR, INC. OF SANTA FE SPRINGS, CALIFORNIA IN THE AMOUNT OF $124,900; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET; AND, REJECT THE BID OF $117,949 FROM BRACKETT CONSTRUCTION, INC. Memorandum from Public Works Director Richard Morgan dated December 2, 2008. City Council Minutes 12-9-08 Page 12560 • • Action: To approve the staff recommendation to: (1) Award construction contract for CIP No. 06-644 — Remodel South Wing Restrooms to Joseph F. Fasone General Building Contractor, Inc. of Santa Fe Springs, California in the amount of $124,900; (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; authorize the Director of Public Works to make changes as necessary within the approved budget; and, (3) Reject the bid of $117,949 from Brackett Construction, Inc. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF NOVEMBER 3, 2008. (I) (m) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 3, 2008. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 3, 2008. Action: To receive and file the action minutes of the Planning Commission meeting of December 3, 2008. RECOMMENDATION TO ADOPT RESOLUTION APPROVING APPLICATION TO THE CALIFORNIA RESOURCE AGENCY FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION GRANT FUNDING FOR CIP PROJECT NO. 04-116 PIER AVENUE STREET IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated December 3, 2008. Action: To approve the staff recommendation to: (!) Adopt Resolution No. 08-6628, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR CIP PROJECT NO. 04-116 PIER AVENUE STREET IMPROVEMENTS." (2) Appoint and authorize the Director of Public Works as the authorized representative of the application (City of Hermosa Beach) to act in matters associated with the application. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH FIREFIGHTERS' ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 4, 2008. City Council Minutes 12-9-08 Page 12561 • Action: To approve the staff recommendation to adopt Resolution No. 08- 6629, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERTANDING WITH THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION." (o) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR TO ISSUE THE NOTICE OF REJECTION. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 1, 2008. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Claimant: Scott Kansaku Date of Loss: Unknown Date Filed: 10/30/08 Allegation: Various Employment Claims Claimant: Donavan SeIlan Date of Loss: August 2008 Date Filed: 10/30/2008 Allegation: Various Employment Claims Claimant: Todd Lewitt Date of Loss: Unknown Date Filed: 10/30/2008 Allegation: Various Employment Claims Action: To direct staff to provide information about the number of lawsuits the above three officers have filed against the City and how many times their attorney has handled lawsuits against the City. Motion Keegan, second Tucker. The motion carried by a unanimous vote. Further Action: To deny the above claims and refer them to the City's Liability Claims Administrator. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. At 7:35 p.m., the order of the agenda was suspended to hear municipal matters 6(a), (b) and (c). 3. CONSENT ORDINANCES - None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 12-9-08 Page 12562 • Items 2 (e) and (o) were heard at this time but are shown in order for clarity. • • Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. GUIDANCE FOR ANNUAL REVIEW OF COMPLIANCE WITH CONDITIONAL USE PERMITS FOR ESTABLISHMENTS WITH ON -SALE ALCOHOL. Memorandum from Community Development Director Ken Robertson dated December 2, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. Chief Savelli also responded to Council questions. Coming forward to address the Council on this item was: Ron Newman — Hermosa Beach businessman said whether a business is a restaurant or a bar is not determined by the type of license issued by the State Department of Alcoholic Beverage Control but by the conditions in the Conditional Use Permit; said not every CUP should be reviewed each year but only the ones for businesses causing problems. Proposed Action: To adopt the staff recommendation to direct the Planning Commission to continue their current procedure as follows: 1 To conduct annual reviews of on -sale alcohol establishments citywide using systematic review of various data from the Police and Fire Departments, ABC and code enforcement staff, and public testimony. 2. To make determinations to conduct more detailed reviews and revocation/modification hearing for specific businesses only if significant ongoing or recurrent violations are clearly found in the data, or if violations and problems are found in multiple data sources. The data includes police department incident reports, ABC license citations and warnings, Fire Department citations and warnings for overcrowding, and citations for CUP violations. 3. To make determinations on whether or not to revoke or modify a CUP based on the specific information and data at public hearings, and if specific findings can be made to justify imposing remedies for the individual businesses. Motion Keegan, second Bobko. This motion was replaced by a substitute motion. City Council Minutes 12-9-08 Page 12563 Proposed Action: To establish guidelines before the Planning Commission begins its CUP reviews in February 2009, possibly instituting a point system to trigger a review. Motion Bobko, second DiVirgilio. The motion failed, noting the dissenting votes of Keegan, Tucker and Mayor Reviczky. The original motion was then reconsidered. Action: To adopt the staff recommendation described in the original motion. Motion Keegan, second Bobko. The motion carried by a unanimous vote. Further Action: To schedule a joint meeting in May or June with the Planning Commission to discuss the CUP review process for the following year but make sure hearings are completed before the joint meeting if there are any resulting from the Planning Commission review in February. Motion Keegan, second Tucker. The motion carried by a unanimous vote. b. SUPPORT FOR CITY PARTICIPATION IN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENT'S ENERGY PARTNERSHIP. Memorandum from City Manager Stephen Burrell dated December 2, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 08- 6630, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING THE CITY'S SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON AND THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS." Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. c. PUBLIC NOTICE REQUIREMENTS FOR PLANNING COMMISSION AND CITY COUNCIL PUBLIC HEARINGS ON LAND USE ENTITLEMENTS — DISCUSSION OF INCREASING RADIUS FOR PRIVATE MAILERS FROM 300 -FEET TO 500 -FEET. Memorandum from Community Development Director Ken Robertson dated December 3, 2008. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: David Cohn — Hermosa Beach, supported the concept of increasing the noticing radius; said maybe projects on Pacific Coast Highway need even more than a 500' radius; • Action: To approve the following procedure: City Council Minutes 12-9-08 Page 12564 • 1. To maintain the current practice of sending out mailers to property owners and residents within a 300 -foot radius for residential projects. 2. To establish a practice of sending out mailers to property owners and residents within a 500 -foot radius for commercial projects. Motion Tucker, second Keegan. The motion carried by a unanimous vote. At 8:35 p.m., the order of the agenda returned to item 4, items removed from the consent calendar for separate discussion. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LORETO PLAZA — MEMORIAL ROCK FOR JOE DIAZ. Memorandum from City Manager Stephen Burrell dated December 3, 2008. Supplemental staff information received December 9, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve placement in the northerly planter of Loreto Plaza, at the City's cost, of a memorial rock with a plaque for Joe Diaz. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. b. CITY COUNCIL MEETING SCHEDULE FOR 2009. Memorandum from City Manager Stephen Burrell dated December 1, 2008. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the City Council meeting schedule for 2009. Motion Keegan, second Bobko. The motion carried by a unanimous vote 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. APPOINTMENT TO UNEXPIRED TERM ON THE CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated December 2, 2008. Deputy City Clerk Drasco presented the staff report and responded to Council questions. Action: Council consensus was to appoint Mary Lou Weiss from among the applicants interviewed earlier this evening to fill an unexpired term ending July 15, 2010 on the Civil Service Board. 9. OTHER MATTERS - CITY COUNCIL City Council Minutes 12-9-08 Page 12565 • • a. Request from Mayor Reviczky to consider a change in the Taxi voucher Program to provide for the City to issue an identification card and review requirements for the issuance of taxi vouchers. Action: To agendize this topic for a future Council agenda. Motion Keegan, supported by Tucker and Mayor Reviczky. b. Request from Councilmember Tucker that the City Council consider adopting a moratorium on the issuance of any new or up -graded ABC licenses in the City. This will provide time for the City Council to develop a new policy regarding ABC licenses. Action: To agendize this topic for a future Council agenda. Motion Tucker. There was no support for this action. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 9, 2008, at the hour of 9:19 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 9:22 p.m. At the hour of 9:59 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, December 9, 2008, at the hour of 10:00 p.m. to the Regular Meeting of Tuesday, January 13, 2009, at 6:00 p.m. City Clerk ©gip City Council Minutes ty City Clerk 12-9-08 Page 12566 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, January 13, 2009, at the hour of 6:32 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on December 9, 2008. 2. 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 Irvine v. Southern California Association of Governments Case Number: G040513, California Court of Appeal (request for amicus participation). ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 13, 2009, at the hour of 6:33 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:53 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:04 p.m. PLEDGE OF ALLEGIANCE — Dave Williams ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there were no public comments before the meeting recessed into closed session; the Council decided 4-1 not to participate in the request for amicus participation in the case of the City of Irvine v. Southern California Association of Governments. City Council Minutes 1-13-09 Page 12567 • • ANNOUNCEMENTS — Councilmember Tucker wished everyone a Happy New Year; said this was a pivotal year financially for the City and urged the community to show support of the local businesses to stimulate a strong economy in the City. Mayor Pro Tempore Bobko urged public participation in the Project Forward Committee by attending meetings every second Monday of the month in the Council Chambers; said there would be a special meeting on Wednesday, February 4, as well as the next regular meeting on February 9. Councilmember Keegan announced a Household Hazardous and E -Waste Roundup on Saturday, January 24 from 9:00 a.m. to 3:00 p.m. at Clark Stadium on Valley Drive between 8th and 11th Streets. Mayor Reviczky thanked the community for generously participating in the Beach Cities Toy Drive; said even with the economic downturn, more toys than ever were collected. He asked that the meeting be adjourned in memory of Hermosa Valley teacher Kim O'Brian, said two of his children were in her class and loved her; said she was a great teacher who passed away too soon. He asked also that the meeting be adjourned in memory of another friend of his, Lori Roberts, who could be seen out often walking downtown with her daughter; said she was a wonderful woman who would be greatly missed. PRESENTATIONS BOTTLE INN FUNDRAISERS FOR K9 POLICE DOG PROGRAM Bottle Inn owner Randy Fortunato presented a check for $622 to Police Chief Savelli who explained that these funds were raised to assist in establishing a Hermosa Beach K9 Police Dog Unit. The Chief said Mr. Fortunato approached the City with this offer and would be offering a percentage of his proceeds from January 27, 28, and 29 for a further donation to this program. Flyers are available at the Police Department, on the Bottle Inn website and from the City's e -newsletter. PRESENTATION OF NATIONAL NIGHT OUT AWARD TO HERMOSA BEACH NEIGHBORHOOD WATCH Police Chief Savelli thanked Tracy Hopkins and Kelly Kovac -Reedy for their efforts in organizing the City's second National Night Out which once again resulted in an award for the City. Tracy Hopkins thanked the Neighborhood Watch block captains, the Police and Fire Departments, as well as the City Councilmembers who helped with this event. A video taken during the National Night Out was shown and Chief Savelli thanked Mary Ann and Alan Benson who produced the video. City Council Minutes 1-13-09 Page 12568 PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications for this agenda. Coming forward to address the Council at this time was: Julian Katz and Bob Rosenfeld — Public Works Commissioner and Parks & Recreation Commissioner, respectively, encouraged the community to attend this month's Public Works meeting and provide public input at this town hall type meeting at which a Master Plan for bicycles would be discussed. They said bicycle riding supports the concept of a green community, reduces parking problems, and encourages residents to patronize local businesses. They showed a flyer publicizing the meeting and said additional information was on the City's website. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(a)(2) DiVirgilio. Motion Keegan, second Tucker. The motion carried by a unanimous vote. • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Regular meeting held on November 25, 2008; and, (2) Minutes of the Regular meeting held on December 9, 2008 Councilmember DiVirgilio asked that the Announcements section of the December 9 City Council minutes be changed to reflect that he said the City Council Compact rather than the Project Forward Committee. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on November 25 2008, and, as amended, the minutes of the Regular meeting of the City Council held on December 9, 2008. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54152 THROUGH 54495 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 54147 and 54230, as recommended by the City Treasurer. • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. City Council Minutes 1-13-09 Page 12569 • Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the November 2008 financial reports. (e) RECOMMENDATION TO ADOPT A RESOLUTION TO AMEND RADIUS REQUIREMENTS FOR GIVING NOTICE OF PUBLIC HEARINGS RELATED TO ZONING, GENERAL PLAN AND OTHER LAND USE MATTERS AND AMENDING MASTER FEE RESOLUTION 90-5422. Memorandum from Community Development Director Ken Robertson dated January 5, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6631, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING REQUIRMENTS FOR GIVING NOTICE OF PUBLIC HEARINGS RELATED TO ZONING, GENERAL PLAN AND OTHER LAND USE MATTERS, AND AMENDING RESOLUTION 90-5422 REGARDING NOTICING FEES." • (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 2, 2008. (g) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 2, 2008. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 6, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of November 30, 2008 (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF DECEMBER 17, 2008. (i) • Action: To receive and file the action minutes of the Public Works Commission meeting of December 17, 2008. RECOMMENDATION TO APPROVE THE ALLOCATION OF $205,235.08 OF PROPOSITION 1B FUNDS FROM THE STATE TO CIP NO. 08-127, CITYWIDE STREET IMPROVEMENTS, VARIOUS LOCATIONS. City Council Minutes 1-13-09 Page 12570 Memorandum from Public Works Director Richard Morgan dated • January 6, 2009. Action: To approve the allocation of $205,235.08 of Proposition 1B funds from the State to CIP No. 08-127, Citywide Street Improvements, Various Locations. (j) RECOMMENDATION TO APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC WORKS INSPECTION SERVICES BY DAVID MOMENI TO EXTEND THE AGREEMENT TIME TO 6 MONTHS AT THE NEW HOURLY RATE OF $43.94. Memorandum from Public Works Director Richard Morgan dated January 5, 2009. Action: To approve an amendment to the Professional Services Agreement for Public Works Inspection services by David Momeni to extend the agreement time to 6 months at the new hourly rate of $43.94. (k) RECOMMENDATION TO AWARD PURCHASE OF AWP SUPER SERIES 30S GENIE LIFT IN THE AMOUNT OF $7,149.91 TO AHERN RENTAL OF LAS VEGAS, NEVADA. Memorandum from Community Resources Director Lisa Lynn dated December 23, 2008. • Action: To award purchase of AWP Super Series 30s Genie Lift in the (1) (m) • amount of $7,149.91 to Ahern Rental of Las Vegas, Nevada. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $5,465 FOR THE PURCHASE AND INSTALLATION OF TWO NETWORK SURVEILLANCE CAMERAS FOR THE POLICE DEPARTMENT EMPLOYEE PARKING LOT ON BARD STREET AND CITY VEHICLE PARKING AREA AT BASE 3; AND, AUTHORIZE THE PURCHASE OF THE SURVEILLANCE CAMERAS FROM SB WIRELESS. Memorandum from Police Chief Greg Savelli dated January 6, 2009. Action: To approve the staff recommendation to: (1) Authorize the appropriation of funds in the amount of $5,465 for the purchase and installation of two network surveillance cameras for the Police Department employee parking lot on Bard Street and City vehicle parking area at Base 3; and, (2) Authorize the purchase of the surveillance cameras from SB Wireless. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF DECEMBER 1, 2008. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of December 1, 2008. City Council Minutes 1-13-09 Page 12571 • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(a)(2) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS FOR THE FOLLOWING: AN ESTIMATED $92,000 FOR THE CONTINUING PROJECT TO RETROFIT THE COMMUNITY CENTER FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). IF THE 4FUNDS ARE NOT NEEDED FOR COMPLETION OF THE COMMUNITY CENTER WORK, THEY MIGHT BE EXCHANGED WITH ANOTHER CITY FOR UNRESTRICTED FUNDS; AND, AN ESTIMATED $9,200 TO ADMINISTER THE CDBG PROGRAM IN ACCORDANCE WITH COUNTY AND FEDERAL REGULATIONS. Memorandum from Community Development Director Ken Robertson dated January 5, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:30 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:30 p.m. Action: Approve the staff recommendation to: (1) Adopt Resolution No. 09-6632, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUIDGET FOR FISCAL YEAR 2009-2010." (2) Approve the Fiscal Year 2009-2010 CDBG Annual Planning Summary with an allocation of approximately $92,415; and, (3) Authorize staff to negotiate the exchange of up to $133,000 of new and existing City CDBG funds with a city yet to be determined in return for unrestricted funds. Motion Keegan, second DiVirgilio The motion carried, noting the dissenting vote of Mayor Reviczky. • b. CONSIDERATION FOR APPROVAL OF 2008 COMMERCIAL SPECIAL EVENTS, INCLUDING THOSE SHOWN BELOW. Memorandum from Community Resources Director Lisa Lynn dated January 6, 2009. City Council Minutes 1-13-09 Page 12572 • Supplemental correspondence received from the Sierra Club on January 12 and from resident Howard Longacre and from David Williams of AVP on January 13. Supplemental staff information received on January 13. 2008 Commercial Events Hermosa Beach 5000 — Race EVP Tour — Pro Am Beach Volleyball AVP Pro Beach Volleyball Tour, Inc. 2008 Non Profit Events Us Beach Boomerang Championships Endless Summer Classic Car Show Little League Night in Park Hermosa Beach Art Walk Amateur Athletic Union (AAU) Beach Volleyball SmackFest Co -Ed Beach Volleyball Friends of Parks Movie in the Park Date May 9 June 20 August 7-9 Date March 7-8 May 2 June 6 June 13-14 July 17-19, Aug 23 July 25 August 15 Community Resources Director Lynn presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:14 p.m. Coming forward to address the Council on this item were: Sam Perrotti — Hermosa Beach, representing the Art Walk, said a letter was submitted asking for a portion of the fees to be waived; said the Public Works fee seemed excessive; said their leftover funds would provide scholarships and they planned again to donate art supplies to the schools; said security would be hired as it was last year; Dave Wiggins — Redondo Beach, said he was authorized by the Sierra Club to sign the letter submitted to the City regarding the AVP Tournament; expressing concern to maximize coastal access; said admission charges for private event on a public beach interferes with access; urged the City Council to adopt Manhattan Beach's policy of limiting paid attendance to 25% percent of the attendees and to leave the side courts open to public access; Jeff Duclos — Hermosa Beach, objected to AVP being allowed to hold a private event on a public beach; said the Coastal Commission permits 90% paid attendance but the City could make it less; asked that the event be continued to a future meeting to give the public an opportunity to provide input; Craig Cadwallader — said he was speaking for the membership and executive committee of the South Bay Chapter of the Surfrider Foundation, who would prefer not to see tickets sold for a private event on a public beach; felt the Coastal Commission was wrong to allow 90% paid attendance; said beach volleyball was a treasured tradition in Hermosa Beach and it was wrong to charge admission; Dean Francois — Redondo Beach, said two courts on the sand should not be blocked off by the AVP green fence; said the 25% paid attendance City Council Minutes 1-13-09 Page 12573 • • Manhattan Beach allowed was a good compromise; said in the eastern part of the United States it was legal to hold private events on public beaches but not in California and the Council should adhere to the law; said controlling the crowds was not a good reason for selling seats because there had been no problems caused by the crowds; and, Denny Lennon — Amateur Athletic Union Beach Volleyball, said he was involved with junior beach volleyball and supported AVP ticket sales because this is a legitimate sports organization that young players aspire to be associated with and felt they would not mind paying to watch the tournament; said ticket sales work fine for beach volleyball tournaments in other cities. The public hearing closed at 8:35 pm Action: To approve all the events except the Art Walk and the AVP Tournament. Motion Keegan, second Bobko. The motion carried by a unanimous vote. Further Action: To approve the Art Walk without fee waivers and to add a clause to the contract requiring security. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. Proposed Action: To continue discussion of the AVP event and request that staff provide additional detail and a full set of documents in the staff report. Motion DiVirgilio. The motion died for lack of a second. Further Action: To approve the AVP Pro Beach Volleyball Tour with 90% paid seating in the Center Court as recommended by the Parks and Recreation Commission and, contrary to the Commission recommendation, to further allow 90% paid seating in Feature Courts 1 and 2; and also, to amend the contract to require "green" buses for the 2010 event. Motion Tucker, second Bobko. The motion carried, noting the dissenting vote of DiVirgilio. The meeting recessed at 9:23 p.m. The meeting reconvened at 9:32 p.m. 6. MUNICIPAL MATTERS a. REVIEW OF TAXI VOUCHER PROGRAM REQUIREMENTS AND CONSIDERATION OF ISSUANCE OF ID CARDS IN HERMOSA BEACH. Memorandum from Finance Director Viki Copeland dated January 5, 2009. • Finance Director Copeland presented the staff report and responded to Council questions. City Council Minutes 1-13-09 Page 12574 • • • Coming forward to address the Council on this item was: Shirley Pe — South Bay Yellow Cab, described a swipe card being used in several local cities instead of the paper vouchers and said she would furnish details to Finance Director Copeland. Action: To make applications for ID cards available at the Finance Cashier Office, provide an opportunity for photos to be taken at City Hall and to post this information on the City's website. oMotion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. b. INTRODUCTION OF ORDINANCE AMENDING THE HERMOSA BEACH MUNICIPAL CODE (HBMC) TO INDICATE THAT METER RATES ARE SET BY RESOLUTION. Memorandum from Finance Director Viki Copeland dated January 5, 2009. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1297, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PARKING METER RATES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Keegan, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL— None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Kim O'Brien and Lori Roberts, on Tuesday, January 13, 2009, at the hour of 9:40 p.m. to the Regular Meeting of Tuesday, January 27, 2009, at 6:00 p.m. City Council Minutes Deputy City Clerk 1-13-09 Page 12575 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 27, 2009, at the hour of 7:03 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky Absent: None PLEDGE OF ALLEGIANCE — Dorothy Yost APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION — JANUARY 2009. Memorandum from City Clerk Elaine Doerfling dated January 21, 2009. A. Designate Mayor for a term ending November 10, 2009. Action: To designate Mayor Pro Tempore Kit Bobko as Mayor for a term ending November 10, 2009. Motion Mayor Reviczky, second Keegan. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending November 10, 2009. Action: To designate Councilmember Michael DiVirgilio as Mayor Pro Tempore for a term ending November 10, 2009. Motion Mayor Bobko, second Keegan. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To (1) appoint Mayor Bobko to the Los Angeles County — City Selection Committee and (2) appoint Mayor Bobko to the South Bay Cities Sanitation District Board of Directors with Councilmember Tucker as alternate director. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. Proposed Action: To keep the status quo on all other assignments. Motion Keegan, second DiVirgilio. The motion was replaced by the following substitute motion. Action: To continue the appointments of the remaining assignments to the next meeting. Motion Keegan, second Mayor Bobko. The motion carried by a unanimous vote. City Council Minutes 1-27-09 Page 12576 • PRESENTATION OF PLAQUE TO OUTGOING MAYOR - Mayor Bobko presented a plaque to outgoing Mayor Reviczky with gratitude and appreciation for a job well done, stating it had been an honor to watch his excellent performance of mayoral duties, and commenting on his attention to detail and his extensive research regarding City issues. COMMENTS BY OUTGOING MAYOR - Outgoing Mayor Reviczky thanked his wife for her support and understanding the amount of time the job entailed, the Council members for their cooperation, the City staff for all of its hard work, the press for its kindness, and the residents for giving him the opportunity to serve. He extended congratulations and best wishes to incoming Mayor Bobko and pledged his cooperation. COMMENTS BY INCOMING MAYOR - Mayor Bobko introduced his parents who traveled from North Carolina, his brother from Washington, D.C., and his aunt and uncle from San Francisco, and thanked the colleagues from his law firm who were in attendance. He thanked the residents for the honor of serving and said in these troubled times for the nation and the City, challenges would be met by his dedicated fellow Councilmembers and by the strong fabric of the community. COMMENTS BY OTHER COUNCILMEMBERS • Councilmember Tucker thanked outgoing Mayor Reviczky for his leadership and his strong belief in the City, congratulated Mayor Bobko and pledged his support. • Mayor pro tem DiVirgilio expressed his awe over outgoing Mayor Reviczky's professionalism and attention to detail, then congratulated and pledged to support Mayor Bobko, saying his calm leadership would serve the City well. Councilmember Keegan said he has enjoyed serving on the Council with outgoing Mayor Reviczky, a true Hermosan from whom he had learned much; congratulated Mayor Bobko and said he knew he would lead Hermosa Beach well. Outgoing Mayor Reviczky congratulated Mayor Bobko and said he would meet the challenges. At 7:16 p.m., the order of the agenda was suspended to hear Presentations. PRESENTATIONS: COUNTY OF LOS ANGELES PUBLIC LIBRARY 2008 LOCAL BOOKMARK CONTEST WINNERS Youth Services Librarian Carolyn Reed presented awards to this year's winners, along with Community Library Manager Elmita Brown, Friends of the Library President Dorothy Yost and Mayor Bobko, who presented a City proclamation to each child. City Council Minutes 1-27-09 Page 12577 III The meeting was recessed at 7:27 p.m. The meeting was reconvened at 7:42 p.m., with announcements. • • ANNOUNCEMENTS - Councilmember Keegan congratulated long-time residents Bob and Kathy Bergstrom who recently celebrated their 50th Wedding Anniversary, noting they were married in Hermosa Beach at St. Cross Church. Councilmember Reviczky said the previous Sunday, he had presented a Certificate of Appreciation from the City to Thelma Greenwald, and posthumously her late husband Richard, for a donation of $100,000 to refurbish the Community Theater. Councilmember Tucker read a letter from Good Shepherd Shelter thanking the City for the Beach Cities Toy Drive's generous donations of toys to children at the shelter. He then thanked the community for its generosity and Councilmember Reviczky, who has chaired the event since its inception. Councilmember Reviczky thanked Councilmember Tucker for reading the letter from Sister Anne, and thanked Hermosa residents for their generosity. Councilmember DiVirgilio said he and Councilmember Reviczky had witnessed President Obama's inauguration last week in Washington D.C. and said it was hard to find words to describe how it felt to be in the crowd of two million people. He said he was proud to be there on behalf of the City and joined then -Mayor Reviczky in discussing with congressional staff Hermosa Beach getting its share of stimulus. Mayor Bobko said there was news from the Project Forward Committee but members would speak during Public Participation. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Peter Barsuk, Joe Mark and Bruce Greenspon — members of the Project Forward Committee described the origin, makeup and goals of the group and encouraged everyone to attend regular monthly meetings and especially the first of three Town Forums on February 4 at 7 p.m. in the Council Chambers to provide input; said a questionnaire would be available on the City and School District websites and at City Hall, the Library and School District office to gather public opinion; Joe Mark — said he was also on another committee a few years ago, the Economic Review Committee; he distributed to the Council a copy of that committee's report and reminded the current Council of the findings of this group and to let them know a future Council might be hearing findings of the Project Forward Committee years from now; City Council Minutes 1-27-09 Page 12578 • s Shawn Ueda — Hermosa Beach said he attended the January 21 Public Works Commission meeting at which a Bicycle Master Plan was discussed; said he and other cyclists he spoke to are very enthusiastic about this possibility; he encouraged the Commission to continue the discussions and urged the community and the City Council to support the project; said others would also benefit from the management of bicycle traffic, including children going to school, other pedestrians, and automobiles; Mark O'Leao — Westchester, said he attended the Bike Master Plan Public Works Meeting and spoke to Kim MacMullan after he felt his pet peeves were not being addressed; said he rode all over Hermosa Beach with a camera to provide input for the project and looked forward to the master plan being completed because he rode through Hermosa Beach often; John Silver — Redondo Beach, also supported the concept of a Bike Master Plan; thanked the Public Works Commission for initiating the project, saying it was long overdue for bike and pedestrian safety; Jim Lissner — Hermosa Beach, requested the removal of item 2(i), the Planning Commission action minutes, from the Consent Calendar for separate discussion later in the meeting; and Hilary Henson — representing Project Touch, distributed flyers for this year's Sand and Strand Race, describes details of participating, and strongly encouraged every member of the community to support this event, the proceeds of which again this year would benefit Project Touch. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(b) Reviczky, (f) Reviczky, and (i) Bobko. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Adjourned Regular meeting held on December 9, 2008; and (2) Regular meeting held on January 13, 2009 Action: To approve, as presented, the City Council minutes of the Adjourned Regular meeting of December 9 2008, and the Regular meeting of January 13, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54496 THROUGH 54612 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 410 This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. City Council Minutes 1-27-09 Page 12579 • Action: To submit a claim to Southern California Edison for a failure of an Edison sewage pump station which resulted in damage to homes for which residents subsequently submitted claims to the City. Motion Councilmember Reviczky, second Tucker. The motion carried by a unanimous vote. Further Action: To ratify the check register as presented, and to approve the cancellation of check number 54125, as recommended by the City Treasurer. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2008 FINANCIAL REPORTS: 1) Memorandum regarding the December 2008 Revenue and Expenditure Report 2) City Treasurer's report; and 3) Investment report. • Action: To receive and file the November 2008 financial reports. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 20, 2009. (f) • Claimant: Coary, Sean Date of Loss: 09-05-08 Date Filed: 01-14-09 Allegation: Property Damage Action: To deny the claim and refer it to the City's Liability Claims Administrator. RECOMMENDATION TO ACCEPT A DONATION OF $250.00 FROM HERMOSA BEACH KIWANIS CLUB TO BE USED FOR THE ST. PATRICK'S DAY PARADE EVENT. Memorandum from Finance Director Viki Copeland dated January 20, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: City Council Minutes 1-27-09 Page 12580 • - $250 from Hermosa Beach Kiwanis Club to be used for the St. Patrick's Day Parade event. Motion Reviczky, second Mayor Bobko. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 6, 2009. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 6, 2009. (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 21, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of December 31, 2008 (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 20, 2009. • This item was removed from the consent calendar by Mayor Bobko for separate discussion later in the meeting. • Coming forward to address the Council on this issue was: Jim Lissner — Hermosa Beach, expressed opposition to the Planning Commission approval of item 9, to amend the rules of on -sale alcohol at restaurants, and item 10, allowing Dragon to close later. City Attorney Jenkins said item 9 was a text amendment which would come before the Council as part of the normal process, and item 10 was not a final action so the Council could not ask for a review and reconsideration until its meeting of February 24 after the Commission adopts a resolution at its February 17 meeting as its final action on the issue. Action: To receive and file the action minutes of the Planning Commission meeting of January 20, 2009. Motion Keegan, second Councilmember Reviczky. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #63311 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 427 ELEVENTH STREET. Memorandum from Community Development Director Ken Robertson dated January 21, 2009. City Council Minutes 1-27-09 Page 12581 • Action: To approve the staff recommendation to adopt Resolution No. 09- 6633, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #63311 FOR A THREE -UNIT CONDOMINIUM PROJECT AT 427 ELEVENTH STREET." 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1297 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PARKING METER RATES AND AMENDING THE MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 20, 2009 City Clerk Doerfling presented the staff report and responded to Council questions. Action: To waive full reading and adopt Ordinance No. 09-1297. Motion Reviczky, second Keegan. The motion carried by the following vote: AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko NOES: None ABSENT: None ABSTAIN: None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION Items 2(b), (f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL— None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, January 27, 2009, at the hour of 8:15 p.m. to the Regular Meeting of Tuesday, February 10, 2009, at 6:00 p.m. 2/(2,1cLe___ 4 99u4 -4-6E) City Clerk / Deputy City Clerk City Council Minutes 1-27-09 Page 12582 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Monday, February 2, 2009, at the hour of 8:17 a.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, February 2, 2009, at the hour of 8:18 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Monday, February 2, 2009, at the hour of 8:19 a.m. At the hour of 9:10 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, February 2, 2009, at the hour of 9:11 a.m. to the Regular Meeting of February 10, 2009 at 6:00 p.m. City Clerk City Council Minutes 2-2-09 Page 12583 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, February 10, 2009, at the hour of 6:06 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a) Closed Session meeting held on December 9, 2008; b) Closed Session meeting held on January 13, 2009; and c) Special Closed Session meeting held on February 2, 2009. 2. 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: Parucha v. City of Hermosa Beach Case Number: BS115511 b) Name of Case: Osekowsky v. City of Hermosa Beach Case Number: YC057337 c) Name of Case: Coello v. City of Hermosa Beach Case Number: CV0706900 PSG d) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 10, 2009, at the hour of 6:07 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — Dorothy Forba-Hartley City Council Minutes 2-10-09 Page 12584 • • • CLOSED SESSION REPORT City Attorney Jenkins said there were no public comments prior to this evening's closed session, nothing was added to the agenda and there were no reportable actions. ANNOUNCEMENTS — Councilmember Tucker said the South Bay Environmental Service Center was exchanging two low -flush toilets per family for existing toilets on Saturday, March 14, with pre -registration preferred by calling 866-931-3494 or online at swe-inc.com; said it was a good action to help the water shortage in California and to participate in Hermosa Beach being a cool city; noted that the annual Saint Patrick's Day parade was the same day. Councilmember Reviczky asked that the meeting be adjourned in memory of Rick Koenig's mother, Margaret McAlpin, who lived all of her 87 years in the Hermosa Beach home that her father had built. Councilmember Keegan said Ms. McAlpin was a successful interior designer and sketch artist, a very talented woman, and offered his condolences to her family. He reported on the Independent Cities conference that that he, Mayor Bobko and Councilmember Reviczky had attended the previous weekend in Santa Barbara, citing information from the State Controller about the financial crisis facing California and lessons in crisis management and the value of networking to be learned from the Covina Police Chief, who used other agencies as resources to help solve a horrendous murder case. He then announced a South Bay Council of Governments Assembly on Friday, February 27 at the Carson Community Center from 8:30 a.m. to 3:00 p.m., encouraging all City Councilmembers and Commissioners to attend. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Longacre received February 9 regarding his opinion that plastic K -rails are inadequate to protect pedestrians at Chamber street fairs and other events. No one came forward to speak on the letter and no Council action was taken. Coming forward to address the Council at this time were: Carla Merriman — Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau, said the 37th Annual Fiesta Hermosa would be pro -actively going green before it was a requirement by using bio -diesel generators and shuttles; Michael Bell — Bell Event Services, noted that bio -diesel produces 80% less emissions, with a pleasant odor and the equipment runs well; Peter Barsuk — Project Forward Committee, announced that an online questionnaire seeking public input regarding schools would be City Council Minutes 2-10-09 Page 12585 • available on the City and School District websites and that hard copies would be available at both City schools, City Hall and the Library; said the next Town Forum meeting would be held Saturday, March 28, and encouraged the community to attend; Jim Lissner — Hermosa Beach, said bio -diesel was just as poisonous as regular diesel fuel and encouraged the City Council to adopt a policy, resolution or direction to City Manager Burrell to take every opportunity to avoid using any kind of diesel fuel; Hillary Henson — Project Touch Executive Director, encouraged all residents to participate as a runner, walker, or age 10 and under munchkin in the 57th annual Sand & Strand event, with registration and information available at www.projecttouch.org or www.active.com; Dorothy Forba-Hartley — Project Touch Assistant Director and Hermosa Beach resident, said they had sponsors but were looking for more; said the event would be residents supporting Hermosa Beach and helping kids through Project Touch; and Tim Beck — Torrance, representing Heal the Harbor, an international environmental group based in Manhattan Beach, suggested that Hermosa Beach provide a European -style beach which would attract visitors from Europe desiring an even tan. 2. CONSENT CALENDAR: • Action: To approve the consent calendar recommendations (a) through (h). Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 27, 2009. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on January 27, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54616 THROUGH 54766. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2008 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 2-10-09 Page 12586 • Action: To receive and file the December 2008 financial reports. • (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2009. (f) (g) Action: To receive and file the action minutes of the Public Works Commission meeting of January 21, 2009. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 5, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2009. RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2009. Memorandum from City Treasurer John Workman dated February 4, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6634, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TRESURER FOR THE YEAR 2009." (h) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE CITY OF HERMOSA BEACH PARKING VIOLATION BAIL SCHEDULE TO INCLUDE THE ADDITIONAL STATE SURCHARGE MANDATED BY SB 1407 AND AMENDING FOUR VIOLATIONS TO THE MINIMUM AMOUNTS STATED IN THE CALIFORNIA VEHICLE CODE. Memorandum from Finance Director Viki Copeland dated February 3, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6635, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S PARKING VIOLATION BAIL SCHEDULE." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION No items were removed from the consent calendar for separate discussion. City Council Minutes 2-10-09 Page 12587 • 5. PUBLIC HEARINGS - None • • 6. MUNICIPAL MATTERS a. MIDYEAR BUDGET REVIEW 2008-09. Memorandum from Finance Director Viki Copeland dated January 26, 2009. City Manager Burrell presented the staff report and responded to Council questions, and asked the Council to schedule an early policy input meeting leading up to preparation of the 2009-2010 budget. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the midyear report paints a rosy picture and suggested that the City give more than the planned $100,000 to the schools; and Tim Beck — Heal the Harbor, urged the City Council to consider making 20% of the beach a European -style beach to bring in revenue to the City. Action: To schedule a 2009-2010 budget discussion meeting on Thursday, February 26 at 7:00 p.m. in the Council Chambers. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To offer the sale of cash keys at a discount that would be equivalent to the current one -dollar meter rate. Motion Reviczky, Second Tucker. The motion carried by a unanimous vote. Further Action: To approve the staff recommendation to: (1) Approve the revision to estimated revenue appropriations, budget transfers and fund balance as shown in the staff report and in the attached Revenue Worksheet and Budget Summary; and (2) Approve the recommendations discussed in the staff report under "Recommendations on Policies/Goals". Motion Reviczky, second Keegan. The motion carried by a unanimous vote. b. LETTER FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REGARDING AN APPLICATION FROM CLUB SUSHI; 1200 HERMOSA AVE TO INCREASE ITS ABC OPERATING HOURS. Memorandum from City Manager Stephen Burrell dated February 3, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the previous business in this location, Two Guys from Italy, had applied for a full liquor license just before selling the business and Club Sushi received the benefit of the change City Council Minutes 2-10-09 Page 12588 • • • when they took over the location; wondered if Club Sushi was thinking of leaving and asking for benefits that would benefit the next business; said those benefits should not be given to Club Sushi without offering them to other similar businesses nearby; and Samantha Panarese — General Manager of Club Sushi, said they were asking for the change to create more revenue by a later closing time on certain holidays, since their revenue was down 30% because of the economic situation and their customers were well mannered. Action: To support the change in operating hours on Friday and Saturday from 2:00 a.m. to 1:00 a.m. with a closing time of 1:00 a.m. on the following holidays: St. Patrick's Day, Cinco de Mayo, Memorial Day weekend, Fourth of July, Labor Day weekend, and New Year's Eve. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. At 7:46 p.m., the order of the agenda returned to municipal matter 6(a). c. COOPERATIVE AGREEMENT BETWEEN THE HERMOSA BEACH CITY SCHOOL DISTRICT AND THE CITY OF HERMOSA BEACH REGARDING JOIN USE OF PUBLIC FACILITIES AND PROVIDES FOR THE CITY TO PAY UP TO $100,000 TO THE SCHOOL DISTRICT DURING THE 2008-09 FISCAL YEAR. Memorandum from City Manager Stephen Burrell dated February 2, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said many other cities were giving more money to their schools and encouraged the Council to give more. City Attorney Jenkins said the City was not simply writing a check but rather was entering into a contract with the School District to provide in-kind benefits and a gift of municipal funds is not allowed by the California constitution. Action: To approve the agreement and direct the Mayor to sign it on behalf of the City, as recommended by staff. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. d. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUS. Memorandum from City Manager Stephen Burrell dated February 2, 2009. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 2-10-09 Page 12589 • • • Action: To receive the report submitted by the County Librarian and direct that the excess funds be placed in a special trust for improvements to the Hermosa Beach Branch Library. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem DiVirgilio to direct staff to create a document - similar to the 'Tentative Future Agenda Items' - that tracks open Council directives until they are returned to Council or delegated elsewhere. As an example, the discussion about homeless individuals would be listed alongside the expected date (when possible) of when the item will return to Council. Mayor pro tem DiVirgilio spoke to his request. Action: To direct staff to begin including the information in future agenda packets. Supported by DiVirgilio, Keegan and Mayor Bobko. b. Request from Mayor Pro Tern DiVirgilio to direct staff to develop a Street Repair Plan that outlines (at a minimum) the list of streets requiring repair and the target (tentative) repair date based on existing budget predictions and existing street conditions. Mayor pro tem DiVirgilio spoke to his request. Action: To agendize a discussion of the topic and direct staff to return with an example of a projected schedule to facilitate the discussion. Supported by Reviczky, Tucker and Mayor Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Margaret McAlpin, on Tuesday, February 20, 2009, at the hour of 8:23 p.m. to the Regular Meeting of Tuesday, February 24, 2009, at 6:00 p.m. eputy City Clerk City Council Minutes 2-10-09 Page 12590 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 24, 2009, at the hour of 6:29 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky .Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on February 10, 2009. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 51 Pier Avenue Negotiating Parties: Stephen Burrell & Fat Face Fenner's Fishack Under Negotiation: Price & Terms of Payment 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(a) Name of Case: Case Number: Name of Claimant: Claim Number: Jaime Ramirez v. City of Hermosa Beach; etc. al. YC052333 Barry Wills 1005A00016 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 24, 2009, at the hour of 6:30 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:05 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:12 p.m., with all members present. PLEDGE OF ALLEGIANCE — Carla Merriman City Council Minutes 2-24-09 Page 12591 • CLOSED SESSION REPORT — City Attorney Jenkins reported on this evening's Closed Session, saying (1) there were no public comments, (2) one item — Aaron Roberts v. Hermosa Beach, Case No. CV07-06121 — had been added to the Closed Session Agenda because the issue arose after the agenda was posted and needed immediate attention, and (3) no reportable actions were taken. • ANNOUNCEMENTS — Councilmember Tucker announced (1) the School Board will discuss its budget at its February 25 meeting at 7:30 p.m. in the City Council Chambers; and (2) the Council will have a budget meeting on February 26, at 7 p.m. He encouraged Council, Commission and Committee members and residents to attend the South Bay Council of Government's General Assembly meeting at the Carson Community Center on Friday, February 27 at 8:30 a.m. for a discussion of the economy. He thanked Assemblyman Ted Lieu for his letter to Congresswoman Jane Harman inquiring about stimulus money for Hermosa Beach. Mayor pro tem DiVirgilio reported on his visit to Sacramento that morning regarding preliminary discussion about a possible non-partisan constitutional convention to consider changes such as smaller districts, local funding, managing the budget, etc., and said he would report back as there were new developments. Councilmember Reviczky invited the community to honor resident Joe Diaz, who recently passed away, by participating in a bike ride organized by the Diaz family on Sunday, March 29, beginning at 11 a.m. on Pier Plaza and ending at Delzano's (Joe's favorite bike ride), where participants could then toast to Joe's memory. Mayor Bobko invited the community to the next Project Forward meeting at 7 p.m. Monday, March 9, and a Project Forward Town Hall meeting at 10 a.m. Saturday, March 28, both in the Council Chambers, and encouraged all residents to complete a Project Forward survey available on the City's website. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS a. Supplemental written communication from Howard Longacre received February 24, 2009, regarding public hearing notice posters. No one came forward to speak on the written communication and no action was taken. Coming forward to address the Council at this time were: Sandy Saemann — Hermosa Beach, asked that consent calendar item 2(j) be removed for separate discussion; said the notice for tonight's public hearing item was not clear and should be re -written and re -noticed for a future agenda; Jim Lissner — Hermosa Beach, also asked that consent calendar item 2(j) be pulled; asked the City Council to discuss at its February 26 budget City Council Minutes 2-24-09 Page 12592 • • • meeting the possibility of diverting Utility User Tax revenue to the School District; Patti Ackerman — President of the Hermosa Beach Education Foundation, invited the community to Hearts of Hermosa, their annual fundraiser, from 6 p.m. to midnight, Saturday, March 21 at Saint Rocke; said the tickets price is $135 until March 7, and then $175, and the event includes dinner, dancing, and both silent and live auctions; Sean Coary — provided photographs of a sewer grate which destroyed his tire and said his claim to the City for tire replacement was rejected by the Council, noting there was no evidence in his file that the matter had been investigated or why the claim was rejected (Mr. Coary was told that City Council's routine rejection of the claim was the first step of the procedure and the claim then goes to the insurance company); Tim Beck — Research Director and Secretary of Heal the Harbor in Manhattan Beach, distributed two letters he had written to City Manager Burrell describing the group's proposal to open a European style beach in Hermosa Beach; Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said after a Daily Breeze article about the upcoming "green" festival, many residents have donated used cooking oil to the Chamber for recycling into biodiesel fuel to be used at the Fiesta Hermosa; distributed to the Council coupons for many Hermosa businesses to encourage residents to patronize these local businesses and said the coupons may be downloaded from the Chamber website at www.hbchamber.net; mentioned four businesses who have recently announced they are closing; and Hilary Henson — Project Touch, encouraged all residents to participate in the 57th Annual Sand and Strand race on Sunday, March 22, said the fee for "munchkins" (age 10 and under) is $10, walkers are $20 and runners are $30; said Project Touch was in its 35th year in Hermosa Beach and this was the main annual fundraiser to allow Project Touch to continue helping kids turn their lives around; said pre -registration was encouraged and available at www.proiecttouch.org or www.active.com. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(f) Reviczky, (i) DiVirgilio and (j) Keegan Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Special meeting held on February 2, 2009; and (2) Regular meeting held on February 10, 2009. City Council Minutes 2-24-09 Page 12593 0 Action: To approve, as presented, the City Council minutes of the Special meeting of February 2, 2009, and the Regular meeting of February 10, 2009. • • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54767 THROUGH 54913 AND TO APPROVE THE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 54525 and 54821, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the January 2009 financial reports. (e) RECOMMENDATION TO APPROVE EXTENSION OF TOWING CONTRACT AWARDED MARCH 1, 2008 TO FRANK SCOTTO TOWING FOR THE FIRST OF TWO POTENTIAL ONE-YEAR EXTENSIONS AND AUTHORIZE INCREASE IN FEES CHARGED BY COMPANY TO OWNERS OF VEHICLES TOWED. Memorandum from Police Chief Greg Savelli. (f) Action: To approve the staff recommendation to: (1) Approve extension of towing contract awarded March 1, 2008 to Frank Scotto Towing for the first of two potential one-year extensions; and (2) Authorize increase in fees charged by company to owners of vehicles towed. RECOMMENDATION TO ACCEPT A DONATION OF $1,600.00 FROM NANCY AND GRAHAM AMATO TO BE USED FOR A MEMORIAL BENCH FOR KIMBERLY WHITE O'BRIEN. Memorandum from Finance Director Viki Copeland dated February 17, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: City Council Minutes 2-24-09 Page 12594 • (g) - $1,600 from Nancy and Graham Amato to be used for a memorial bench for Kimberly White O'Brien. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of January 31, 2009. (h) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER OR POLICE CHIEF TO SIGN ON BEHALF OF THE CITY THE HOLD HARMLESS AGREEMENT WHICH ALLOWS THE POLICE DEPARTMENT TO CONTINUE USE OF THE PISTOL RANGE AT THE CITY OF LOS ANGELES AIRPORT (LAX) FACILITY LOCATED AT 7171 WEST IMPERIAL HIGHWAY, LOS ANGELES. Memorandum from Police Chief Greg Savelli. • (i) • Action: To authorize the City Manager or Police Chief to sign on behalf of the City the Hold Harmless Agreement which allows the Police Department to continue use of the Pistol Range at the City of Los Angeles Airport (LAX) Facility located at 7171 West Imperial Highway, Los Angeles. RECOMMENDATION TO ADOPT RESOLUTION THAT APPROVES THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM JOINT POWERS AGREEMENT THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA-RICS AUTHORITY AND AUTHORIZES THE CITY MANAGER TO EXECUTE THE JPA; AND DIRECT STAFF TO REPORT BACK ON THE STATUS OF THE LA-RICS AUTHORITY PRIOR TO ADOPTION OF THE FUNDING PLAN WITH A RECOMMENDATION ON WHETHER TO CONTINUE THE CITY'S MEMBERSHIP IN THE JPA AT THAT TIME. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting. Police Chief Savelli responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 09- 6636, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AGREEMENT (JPA) THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA-RICS AUTHORITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT." City Council Minutes 2-24-09 Page 12595 • • • Motion DiVirgilio, second Mayor Bobko. The motion carried by a unanimous vote. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 2009. This item was removed from the consent calendar by Councilmember Keegan at the request of audience members for separate discussion later in the meeting. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said he was opposed to the Planning Commission's resolution to extend the hours of Dragon; At 9:38, Councilmember Keegan recused himself and left the room to avoid any discussion about Dragon due to a potential conflict of interest. Continuing to come forward to address the Council was: Sandy Saemann - Hermosa Beach, agreed Dragon's operating hours should not be extended. Action: To review and reconsider the Planning Commission action (pursuant to its resolution adopted February 17, 2009) to amend the Dragon Conditional Use Permit, extending its operating hours and live entertainment hours. Motion Tucker, supported by DiVirgilio. At 9:42 p.m., Councilmember Keegan returned to the dais. Further Action: To receive and file the action minutes of the Planning Commission meeting of February 17, 2009. Motion Reviczky, second Mayor Bobko. The motion carried by a unanimous vote. (k) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 07-649 COMMUNITY CENTER GENERAL IMPROVEMENTS TO ACTION 1 CONSTRUCTION OF LAWNDALE, CALIFORNIA IN THE AMOUNT OF $450,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AUTHORIZE AN APPROPRIATION OF $47,384 FROM THE 301 CAPITAL IMPROVEMENT FUND; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated February 19, 2009. Action: To approve the staff recommendation to: City Council Minutes 2-24-09 Page 12596 • • • (1) Award construction contract for CIP No. 07-649 Community Center General Improvements to Action 1 Construction of Lawndale, California in the amount of $450,000; (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; (3) Authorize an appropriation of $47,384 from the 301 Capital Improvement Fund; and (4) Authorize the Director of Public Works to make changes as necessary within the approved budget. At 7:45 p.m., the order of the agenda was suspended to hear public hearing item 5. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f), (i) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:43 p.m., the order of the agenda went to item 7(a). 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO CONSIDER AMENDING DEFINITIONS, TERMS, AND STANDARDS RELATING TO ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS, RESTAURANTS, LIVE ENTERTAINMENT AND CUSTOMER DANCING. Memorandum from Community Development Director Ken Robertson dated February 16, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions. The public hearing opened at 8:28 p.m. Coming forward to address the Council on this item were: Dency Nelson — Hermosa Beach, agreed with the intention to allow beer and wine for restaurants closing at 10 p.m., saying that is the kind of business the City should encourage; Sandy Saemann — Hermosa Beach, opposed the ordinance's proposed deletion of the 50-50 rule (ratio of food versus alcohol sales); said the definitions should be discussed as a separate issue; Jim Lissner — Hermosa Beach, said the complicated ordinance presented was not necessary, that it should merely be an ordinance to make a minor adjustment to allow restaurants closing at 10 p.m. to serve beer and City Council Minutes 2-24-09 Page 12597 • • • wine; suggested giving permission only to existing restaurants; opposed deleting the 50-50 rule; Chris Pike — Sangria, said CUP enforcement has had positive results for citizens but has caused financial hardships for some businesses, like Dragon; said the 50-50 ratio was problematic because it held a business responsible for someone else's choices, and applauded what staff was trying to do; Jeff Duclos — Hermosa Beach, said the convoluted documents and long ordinance are more than people can absorb; was opposed to removing the 50-50 requirement and felt the proposal further waters down enforcement possibilities; Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said several longtime restaurant owners met with Community Development Director Robertson after this was discussed at the Planning Commission meeting and pointed out that in most cities, the 50-50 requirement is enforced by the State's Alcoholic Beverage Control (ABC); said this proposal affects only restaurants closing at 10 p.m. or earlier that want to serve beer and wine; and Joy Kennelly — Hermosa Beach, said people were concerned about allowing restaurants closing at 10 p.m. to serve beer and wine because ownerships may change and the restaurants might then ask for later hours; favored the 50-50 rule because it provided control of excessive alcohol sales. The public hearing closed at 8:50 p.m. Action: To remove the definitions, terms, uses and standards sections of the draft ordinance and postpone discussion to the upcoming joint meeting of the City Council and the Planning Commission to decide whether or not to proceed with consideration of those issues. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. Further Action: To amend the Code to allow restaurants closing at 10 p.m. to serve beer and wine with the requirement that they provide a seating plan, have no standup bar area and no more than two televisions (a new ordinance will be presented for introduction at a future meeting). Motion DiVirgilio, second Keegan. The motion carried, noting the dissenting vote of Reviczky. Staff was directed to report back on exactly when the Council (as noted on page 31 of the agenda item) directed staff and the Planning Commission to make recommendations with regard to code amendments, including problematic provisions such as the food to alcohol ratio issue. At 9:33 p.m., the order of the agenda returned to item 4, items removed from the consent calendar. City Council Minutes 2-24-09 Page 12598 • • • 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING — PROPOSED DATE TUESDAY, MARCH 31, 2009. Memorandum from City Manager Stephen Burrell dated February 19, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To schedule a joint City Council/Planning Commission meeting for Tuesday, March 31, 2009 at 7 p.m. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated February 19, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To eliminate the LAX, Downtown Noise, and Police/Fire Buildings committees from the list and approve the remaining committee assignments as presented. Motion Mayor Bobko, second Keegan. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Bobko to direct staff to arrange to have a future City Council meeting at View School. Mayor Bobko spoke to his item. Coming forward to address the council at this time was: Jim Lissner — Hermosa Beach, said the City should not move backward in providing public access to information and meetings and was opposed to having a meeting that could not be on TV or video streamed. Action: It was the consensus of the City Council to direct staff to determine the possibility of televising or video streaming a meeting held at a location other than the Council Chambers. City Council Minutes 2-24-09 Page 12599 • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 24, 2009, at the hour of 9:52 p.m. to an Adjourned Regular Meeting on Thursday, February 26, 2009 at 7:00 p.m. for a discussion of budget policies and priorities. City Clerk • • puty City Clerk City Council Minutes 2-24-09 Page 12600 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, February 26, 2009, at the hour of 7:12 p.m. • • PLEDGE OF ALLEGIANCE — Police Chief Greg Savelli ROLL CALL: Present: Bobko, DiVirgilio, Keegan, Tucker (left at 8:10 p.m.), Mayor Reviczky Absent: None PUBLIC PARTICIPATION: Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said if the quality of Hermosa Beach schools is affected by lack of funding, property values and property tax will decrease, thereby affecting City revenues; said the School District needs money and the Council should give them additional funds. 1. POLICY DISCUSSION OF BUDGET PREPARATION FOR THE 2009-10 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENTS BUDGET. THE PURPOSE OF THE DISCUSSION IS TO PROVIDE STAFF WITH BROAD POLICY FRAMEWORK TO PREPARE THE BUDGET. THE FOLLOWING ITEMS ARE INTENDED TO START THE DISCUSSION: a. ISSUES b. CONSIDERATION OF OPTIONS c. PROJECTS d. REVENUE e. EXPENDITURES f. RESERVE LEVELS After a discussion of the above topics, the following actions were taken: Action: Funding for street maintenance/repair and other infrastructure should not come from money leftover but also should not come before public safety funding. Motion Mayor Bobko, second Keegan. The motion carried by a unanimous vote. The meeting recessed at 8:10 p.m. The meeting reconvened at 8:15 p.m. (Councilmember Tucker left the meeting during the break) Action: Council consensus was to direct staff to come back with recommendations to improve the City's website and to establish a City Council Minutes 02-26-09 Page 12601 • • subcommittee comprised of Councilmember Keegan and Mayor pro tem DiVirgilio to interview companies suggested. Action: Direct staff to agendize a discussion for the April 28 meeting to discuss business license fees. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. Action: To direct staff to provide a two-year budget forecast as part of the 2009-2010 budget, narrative only for the second year. Motion Keegan, second Mayor Bobko. The motion carried by a unanimous vote. Action: To discuss putting on the ballot an increase of the transient occupancy tax from 10% to 12% Motion Keegan, second Reviczky. The motion carried, noting the dissenting vote of Mayor Bobko. Action: To direct staff to investigate hiring someone to attract general funding sources for the City. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. Other suggestions included directing staff to report back on the following: (1) Possible cost -reducing actions such as postponing hiring additional police officers, reducing a five -man crew to a four -man crew on Fire Department calls; study benefits of additional safety personnel versus cost; suggest alternatives; (2) Instituting a two-year time limit on building permits and charging re- inspection fees; (3) Beginning Phase 3 of Clark Building refurbishing, including remodeling the rest rooms and kitchen, funded by increased park fees; and, (4) Installation of a security camera at the City Yard. ADJOURNMENT - The Special/Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 26, 2009, at the hour of 8:43 p.m. to the Regular Meeting of Tuesday, March 10, 2009, at the hour of 6:00 p.m. City Council Minutes 02-26-09 Page 12602 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 10, 2009, at the hour of 6:34 p.m. • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on February 24, 2009. 2. 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: Case Number: Jaime Ramirez v. City of Hermosa Beach; etc. al. YC052333 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 10, 2009, at the hour of 6:35 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:08 p.m. PLEDGE OF ALLEGIANCE — Girl Scout who gave her name as P.J. CLOSED SESSION REPORT With regard to this evening's closed session, City Attorney Jenkins said there were no public comments, no items added, and no reportable actions. Regarding a case from a previous closed session meeting, Osekowsky v. City of Hermosa Beach, he reported that the Council had decided to appeal the decision of the Superior Court to the California Court of Appeal. ANNOUNCEMENTS — Councilmember Tucker thanked the Woman's Club and all • attendees of the Adrian's Cure for Cancer fundraiser; also thanked the Kiwanis Club and Redondo Beach High School Key Club who, under the direction of Pat Love, served food and helped with the cleanup. He announced the Art Walk on June 13 City Council Minutes 3-10-09 Page 12603 • • • and 14 at the Community Center and said those interested in participating may apply online at www.hbartwalk.com or call 310-613-4002. Councilmember Keegan announced his appointment by County Supervisor Don Knabe to serve on the Clean Water Clean Beach Task Force made up of residents and members of environmental groups; said the first meeting had taken place earlier this day and the discussion centered on a mail -in ballot proposing a tax on parcels to raise $200 million to deal with storm water runoff. He said he would report back to the Council and the community as the proposal moves forward. Councilmember Reviczky invited the community to the annual St. Patrick's Parade at 11 a.m. Saturday, March 14, beginning on Pier Avenue at Valley Drive. He asked the Council to adjourn this evening's meeting in memory of Fran Carr, a long-time Hermosa resident heavily involved in the Historical Society and teaching special needs children, who would be missed by many people in the community. PROCLAMATION GIRL SCOUT WEEK MARCH 8-14, 2009 Michelle Dickinson, representing the Girl Scout Neighborhoods of North Redondo Beach and Hermosa Beach, provided a box of cookies for each Councilmember and thanked the City for recognizing Girl Scout Week. Mayor Bobko read the proclamation, which noted the good values instilled in girls since the organization began 97 years ago, and presented a City pin to each Girl Scout in attendance. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two written communications for this agenda. a. Letter from Howard Lonqacre dated March 1, 2009, regarding the Street Pavement Condition Index and developer payment for street improvement. No one came forward to address the Council on this letter. Action: To direct staff to report back on whether there can be a more equitable assessment of properties for remodels or new construction to fund street improvements. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 3-10-09 Page 12604 • • • b. Letter from Sandy Saemann regarding revocation/modification hearing on the North End Bar's CUP. Supplemental information from Sandy Saemann dated March 9 and March 10, 2009, and supplemental letter from Karl Deppe of International Code Council submitted by staff March 10, 2009. Coming forward to address the Council on this letter were: Sandy Saemann — Hermosa Beach, said he had discussed North End Bar problems with staff for seven years with no improvement; said Mr. Deppe's letter responded to incorrect information he was given and asked that he be given correct information and that the Council review his response before deciding against a review of North End's CUP; gave details of why he believes the business is operating as a nightclub, not a restaurant, and cited specific problems suffered by residents living near the North End Bar; Jim Lissner — Hermosa Beach, agreed the restaurant was not permitted to be a bar, which is what it is; said there were no real meals cooked, just food warmed up, and that very few patrons eat, said a bar does not belong in a residential neighborhood; Susan Saemann — Hermosa Beach, said they live across the street from the bar and listed the health and safety problems they have experienced such as public urination and a rape in their yard, and fights in their neighborhood; read a letter from neighbors Joyce and Ed McDowell in which they complained of trash and fights; and Matt Schneider — Hermosa Beach, agreed that Mr. Deppe had based his comments on incorrect information and asked that he be given correct information so he can make an appropriate analysis. City Attorney Jenkins explained that not all problems listed in Mr. Saemann's letter were under the jurisdiction of the City; said that occupancy may be an appropriate issue to address. Action: To direct staff to do the following: (1) Contact Mr. Deppe to determine if his analysis had been based on incorrect occupancy information; and (2) Review the 18 bullet points in Mr. Saemann's letter, with an emphasis on bullet point #2 (occupancy issues), and report back on which items fall under the Council's jurisdiction. Motion Tucker, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Mayor Bobko. Coming forward to address the Council under Oral Communications were: Brad Baker — Baker, Burton and Lundy, Hermosa Beach, said he could not stay until item 6(a) was heard but was in favor of giving permission to serve wine and beer to restaurants closing at 10 p.m. because he felt it City Council Minutes 3-10-09 Page 12605 • would not cause a hardship but would be an asset to the community and to Upper Pier Avenue restaurants specifically; and Hilary Henson — Project Touch, encouraged the community to participate in the annual Sand and Strand event Sunday, March 22; described pre- registration information and the times of the munchkin, walking and running races; explained that proceeds would support Project Touch, which helps troubled kids turn their lives around. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) and (j) Reviczky. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 24, 2009. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on February 24, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 54915 • THROUGH 55061 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. • Action: To ratify the check register as presented, and to approve the cancellation of check number 54463 as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO APPROVE TENTATIVE DATE OF THURSDAY, MAY 21, 2009 AT 7 P.M. FOR REVIEW OF THE 2009-2010 BUDGET. Memorandum from Finance Director Viki Copeland dated March 3, 2009. Action: To schedule a review of the FY 2009-2010 Budget at 7 p.m. Thursday, May 21, 2009. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $20 FROM KELLY KOVAC-REEDY, $150 FROM KEN HARTLEY, $205 FROM IL BOCCACCIO AND $100 FROM GEORGE H. GATES TO BE USED FOR THE PURCHASE OF A CARDIAC/BLOOD PRESSURE MONITOR FOR THE FIRE DEPARTMENT; AND $1000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH, $250 FROM ROBERT COURTNEY, INC., $500 FROM POULET City Council Minutes 3-10-09 Page 12606 • • (f) • (g) DU JOUR, $622 FROM BOTTLE INN RISTORANTE (FUNDRAISER), $100 FROM B. A. SCHAEFER, $100 FROM GEORGE H. GATES AND $101 FROM BOTTLE INN RISTORANTE TO BE USED FOR THE POLICE DEPARTMENT K-9 PROGRAM. Memorandum from Finance Director Viki Copeland dated March 2, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $20 from Kelly Kovac -Reedy for the purchase of a cardiac/blood pressure monitor for the Fire Department. - $150 from Ken Hartley for the purchase of a cardiac/blood pressure monitor for the Fire Department. - $205 from II Boccaccio for the purchase of a cardiac/blood pressure monitor for the Fire Department. - $100 from George H. Gates for the purchase of a cardiac/blood pressure monitor for the Fire Department. - $1,000 from the Woman's Club of Hermosa Beach for the Police Department K-9 Program. - $250 from Robert Courtney, Inc. for the Police Department K-9 Program. - $500 from Poulet Du Jour for the Police Department K-9 Program. - $622 from Bottle Inn Ristorante (fundraiser) for the Police Department K-9 Program. - $100 from B. A. Schaefer for the Police Department K-9 Program. $100 from George H. Gates for the Police Department K-9 Program. - $101 from Bottle Inn Ristorante for the Police Department K-9 Program. Motion Reviczky, second Mayor Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT RESOLUTION DECLARING SUPPORT FOR AND APPROVING THE CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 28, 2009 FROM 8:30 P.M. TO 9:30 P.M. Memorandum from Community Development Director Ken Robertson dated March 3, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6637, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUPPORT TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRIC DEVICES IN ALL CITY GOVERNMENT FACILITIES AND PUBLIC LANDMARKS FOR THE HOUR BETWEEN 8:30 PM AND 9:30 PM ON MARCH 28, 2009, AS PART OF THE CITY-WIDE CLIMATE CHANGE EVENT KNOWN AS EARTH HOUR 2009." RECOMMENDATION TO ADOPT RESOLUTION ESTABLISHING A POLICY FOR DISTRIBUTION OF COMPLIMENTARY TICKETS AND PASSES PROVIDED TO THE CITY FOR USE BY CITY OFFICIALS AND City Council Minutes 3-10-09 Page 12607 • EMPLOYEES. Memorandum from City Attorney Michael Jenkins dated March 3, 2009. • • Action: To approve the staff recommendation to adopt Resolution No. 09- 6638, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY OF HERMOSA BEACH." (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated February 23, 2009. Claimant: Luna, Scott Date of Loss: 09-12-08 Date Filed: 02-19-09 Allegation: Personal Injury Action: To deny the above claim and refer it to the City's Liability Claims Administrator. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF FEBRUARY 2, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of February 2, 2009. (j) RECOMMENDATION TO APPROVE A FIVE-YEAR CONTRACT WITH ECOMEDIA, A NATIONAL MEDIA COMPANY BASED IN CALIFORNIA, TO IMPLEMENT AN ENVIRONMENTAL SIGNAGE PROGRAM THAT SHOULD GENERATE APPROXIMATELY $10,000 IN REVENUE ANNUALLY FOR WATER QUALITY AND POLLUTION PREVENTION PROGRAMS AND PROJECTS CITYWIDE; AND, APPROVE INSTALLATION OF UP TO 25 ENVIRONMENTAL INTERPRETIVE PANELS LOCATED STRATEGICALLY IN THE CITY PUBLIC RIGHT-OF-WAY INCLUDING ONE HORIZONTAL STREET BANNER IN COMMERCIAL ZONES CITYWIDE. Memorandum from Public Works Director Richard Morgan dated March 4, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Coming forward to address the Council was: Janice Sakamoto — representing Ecomedia and a Hermosa Beach resident, said they have been working with the City since 2001 providing signage in the right-of-way; said their goal was to educate the public about green environmental issues. City Council Minutes 3-10-09 Page 12608 • • • Action: To direct staff to: (1) Bring back the contract with removal of item 4 (Ecomedia's requirement for exclusivity) and item 7.2 (Ecomedia's requirement that the City not enter into a similar contract within two years of terminating this agreement without cause); and (2) Identify locations of all signage. Motion Keegan, second Reviczky. The motion carried, noting the dissenting votes of DiVirgilio and Mayor Bobko. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. CODE AMENDMENT TO PERMIT RESTAURANTS BY RIGHT THAT SELL BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH STANDARDS FOR SAID RESTAURANTS, AND TO AMEND BUSINESS LICENSE REGULATIONS FOR CONSISTENCY. Memorandum from Community Development Director Ken Robertson dated March 3, 2009. Supplemental letter received from Howard Longacre on March 9, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said he would support the concept of existing restaurants closing at 10 p.m. being allowed to serve wine and beer but not new ones; thought there would be a rash of retail businesses converting to restaurants to take advantage of this permission with only the increased parking requirement; Bill Graw — El Gringo, supported the concept of considering each business individually with public input; said the change might cause problems with competition and the overconsumption of alcohol; said restaurants near schools should not be allowed to serve beer and wine; Bruno Baio — Creme de la Crepe, said they had lost a lot of business because they were not allowed to serve wine and beer; asked the City Council Minutes 3-10-09 Page 12609 • • Council to please grant this permission for their family restaurant and for their customers; Michael Buchanan — Mama D's and Hermosa Beach resident, said adopting the ordinance would change rules in place when they opened Mama D's, creating competition they had not anticipated when they decided to establish their business in Hermosa Beach and decreasing their revenue; asked the Council to consider their situation and that of other restaurants in the City when deliberating; Cassandra Epuna — New Orleans Cafe, said their restaurant is not a bar but their food is complimented by wine and beer; asked the Council to please make this change to help their restaurant; and Jay Gleason — Hermosa Beach, said all restaurants are in competition with each other, but thought this change would level the playing field; Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09- 1298, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, ZONING ORDINANCE, TO PERMIT RESTAURANTS BY RIGHT THAT SELL BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH STANDARDS FOR SAID RESTAURANTS, AND AMENDING THE BUSINESS LICENSE REGULATIONS FOR CONSISTENCY." Approved by a unanimous vote. The meeting recessed at 8:30 p.m. The meeting reconvened at 8:38 p.m., with item 4, items removed from the consent calendar for separate discussion 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SB4 (OROPEZA) PROPOSED LEGISLATION THAT WOULD BAN SMOKING AT STATE PARKS/BEACHES. Memorandum from City Manager Stephen Burrell dated March 4, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to write a letter for the Mayor's signature supporting the proposed bill SB4 (Oropeza) which would ban smoking at state parks and beaches and impose a $250 fine. Motion Keegan, second Tucker. The motion carried by a unanimous vote. • 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL City Council Minutes 3-10-09 Page 12610 • a. SCHEDULE APPLICANT INTERVIEWS FOR THE NEWLY FORMED GREEN TASK FORCE. Memorandum from City Clerk Elaine Doerfling dated March 3, 2009. • • Deputy City Clerk Drasco presented the staff report and responded to Council questions. Action: To schedule applicant interviews for 5:30 p.m., Tuesday, April 14. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Fran Carr, on Tuesday, March 10, 2009, at the hour of 9:07 p.m. to the regular meeting of Tuesday, March 24, 2009, at 6:00 p.m. City Clerk 6e, City City Clerk City Council Minutes 3-10-09 Page 12611 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 24, 2009, at the hour of 6:09 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on March 10, 2009. 2. 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: Parucha v. City of Hermosa Beach Case Number: BS115511 b. Name of Case: Ramirez v. City of Hermosa Beach; et. al. Case Number: YC052333 c. Name of Case: Anderson v. City of Hermosa Beach Case Number: CV06-5078 d. Name of Case: Coello v. City of Hermosa Beach Case Number: CV0706900 PSG e. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 City Council Minutes 3-24-09 Page 12612 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 24, 2009, at the hour of 6:10 p.m., to a closed session. • • RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:06 p.m. PLEDGE OF ALLEGIANCE — Steve Napolitano CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments and no reportable actions at this evening's closed session. ANNOUNCEMENTS — Councilmember Tucker thanked Mayor Bobko for his State of the City address the previous Thursday and for explaining in layman terms where money comes from, how it is spent, which funds are restricted, and how the City is doing heading into the next fiscal year. Mayor pro tem DiVirgilio commented on a newspaper article last month entitled "City Eases up on Bars," a headline he believed was misleading and did not reflect an accurate portrayal of what the City is doing, which is to have improvement in bar - related problems. Mayor Bobko thanked the Hermosa Beach Education Foundation for their annual fundraiser held this year at St. Rocke. He also thanked all who helped organize the annual Sand and Strand event this year, with funds directed to Project Touch. He encouraged the community to attend the Project Forward Town Forum at 10 a.m. Saturday, March 28, in the Council Chambers, noting that more information was available on the City's website. PROCLAMATIONS COLON CANCER AWARENESS MONTH MARCH 2009 No one was present to accept the proclamation, and it was noted that the document would be mailed to the appropriate organization. HERMOSA BEACH BIKE DAY MAY 16, 2009 Kim MacMullan, Public Works Commissioner, described the activities planned for the Bike Day event from 9 a.m. to 1 p.m. Saturday, May 16, at Valley Park, such as an equipment repair and maintenance workshop, legal, safety and etiquette issues City Council Minutes 3-24-09 Page 12613 for bike riders, the best bike routes in the City, building a toolbox, etc. She said they • were targeting children 8-16 but everyone is welcome to participate. She concluded by saying that help was being provided by community volunteers and local bike shops but anyone interested in helping would be welcome. • • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications for this agenda. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, asked that item 2(d) be removed from the consent calendar for separate discussion; Gene Dreher — Hermosa Beach, asked that item 2(i) be removed from the consent calendar for separate discussion; Jeff Duclos — Hermosa Beach, said that he wanted to speak on item 3(a), the consent ordinance, when it was discussed; Andrew Clifton — Hermosa Beach, commented on item 6(a) homeless issues, since he was not able to stay for the entire meeting; requested that the Council use whatever legal means available to control the increasing number of homeless in the City; Alcira Dominguez — Beach Cities Health District, described the Steppin' Out challenge to walk 70,000 steps in seven days, beginning April 20, and provided each Councilmember with a pedometer and registration kit; said registration is free but there is a $5 charge for the pedometer and encouraged the community to participate; gave contact information for interested parties to obtain further details; Steve Napolitano — representing a small, anonymous non-profit organization which holds an annual event in Hermosa Beach, presented an $800 check for the City's Police K9 Program; said he was interested in the agenda item regarding homeless issues in Hermosa Beach and would contact City Manager Burrell regarding County services available; Yonnie Lang — representing the Surfer Walk of Fame, described a weekend of surf -related events on April 3 and 4, and invited the community to enjoy the Friday night Surf Film Fest at the Hermosa Playhouse Theatre, the Saturday induction of surfers into the Walk of Fame, and music, games and giveaways at Pier Plaza; Joy Kennelly — Hermosa Beach, introduced local businesswoman Annabell Kim of TLC Pharmacy, a Hermosa Beach business since 2005; and Annabell Kim — TLC Pharmacy, said her pharmacy carried nothing but health products and her services including compounding for adults, children and pets; said she took extra steps to make sure her nutritional and natural health products were of the highest natural quality. City Council Minutes 3-24-09 Page 12614 • 2. CONSENT CALENDAR: • • Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) Mayor Bobko, (g) DiVirgilio, (i) Mayor Bobko, (k) Tucker, and (I) Tucker. Motion Keegan, DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE ADOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 26, 2009. Action: To approve, as presented, the minutes of the Adjourned Regular meeting of the City Council held on February 26, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55062 THROUGH 55205. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. This item was removed from the consent calendar by Mayor Bobko for separate discussion later in the meeting. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said the Treasurer's Report indicates a cash amount of $19 million in the bank; said the City's should provide more help to the School District; said a drop in the quality of City schools would hurt everyone (Mr. Lissner was reminded by Council that many funds have restricted uses). Action: To receive and file the February 2009 financial reports: Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 3-24-09 Page 12615 (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS S REPORT. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. • (f) (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of February 28, 2009. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 3, 2009. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 3, 2009. RECOMMENDATION TO EXTEND FEE WAIVERS AND REDUCTIONS FOR INSTALLATION OF PHOTOVOLTAIC SOLAR PANELS FOR ANOTHER YEAR. Memorandum from Community Development Director Ken Robertson dated March 17, 2009. This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting to draw attention to the 15 people who took advantage of these fee waivers in the last year and to suggest that the extension of fee waivers be noted in the City's e -newsletter. Action: To extend fee waivers and reductions for installation of photovoltaic solar panels for another year. Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. (h) RECOMMENDATION TO ACCEPT THE WORK BY GRACE BUILDING MAINTENANCE FOR THE JAIL PLUMBING REPLACEMENT PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO GRACE BUILDING MAINTENANCE (10% RETAINED; 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated March 17, 2009. (i) Action: To approve the staff recommendation to: (1) Accept the work by Grace Building Maintenance for the Jail Plumbing Replacement Project; (2) Authorize the Mayor to sign the Notice of Completion; and, (3) Authorize staff to release payment to Grace Building Maintenance (10% retained; 35 days following filing of Notice of Completion). RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO MOBILE LICENSE PLATE READERS AT A COST OF $45,196 FROM REMINGTON ELSAG LAW ENFORCEMENT SYSTEMS AS PART OF THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS MULTI -STATE City Council Minutes 3-24-09 Page 12616 • • • CONTRACT. Memorandum from Police Chief Greg Savelli dated March 17, 2009. This item was removed from the consent calendar by Mayor Bobko for separate discussion later in the meeting. Police Chief Savelli responded to Council questions. Coming forward to address the Council at this time was: Gene Dreher — Hermosa Beach, said he initially did not see the value in this equipment but has since changed his mind and urged the Council to approve the purchase. Action: To authorize the purchase of two Mobile License Plate Readers at a cost of $45,196 from Remington ELSAG Law Enforcement Systems as part of the National Association of State Procurement Officials Multi -State Contract. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 2009-2010. Memorandum from Public Works Director Richard Morgan dated March 18, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6639, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2009, AND ENDING JUNE 30, 2010." (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 17, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to confirm that the two text amendments (Items #7 and 11) would come before the City Council for a public hearing and to suggest that the two construction sites receiving CUP extensions (Item #12) be cleaned up (City Manager Burrell said the sites would be checked out and appropriate action taken). City Council Minutes 3-24-09 Page 12617 • • (I) (m) Mayor pro tern DiVirgilio said he would prefer that the Item 7 text amendment (proposed electronic messaging sign) not be presented to the Council until all sign details are available for Council consideration and approval. Action: To receive and file the action minutes of the March 17, 2009 Planning Commission meeting, and direct staff to hold in abeyance the text amendment regarding the proposed electronic messaging sign until all sign details are available for approving a sign. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES OF PIER AVENUE FROM PCH TO ARDMORE AVENUE AND 8TH STREET FROM PCH TO VALLEY DRIVE IN THE AMOUNT OF $37,725 AND $18,265, RESPECTIVELY; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PSA SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE TRANSFER OF $61,600 FROM CIP 08-127 TO CIP 09-129 PIER AVENUE AND CIP 09-135 EIGHTH STREET; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES FOR BOTH PROJECTS AS NECESSARY WITHIN EACH PROJECT'S BUDGET. Memorandum from Public Works Director Richard Morgan dated March 18, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services of Pier Avenue from PCH to Ardmore Avenue and Eighth Street from PCH to Valley Drive in the amount of $37,725 and $18,265, respectively; (2) Authorize the Mayor to execute and the City Clerk to attest the PSA subject to approval by the City Attorney; (3) Authorize the transfer of $61,600 from CIP 08-127 to CIP 09-129 Pier Avenue and CIP 09-135 Eighth Street; and (4) Authorize the Director of Public Works to make changes for both projects as necessary within each project's budget. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION AMENDING THE CITY OF HERMOSA BEACH PARKING VIOLATION BAIL SCHEDULE TO INCLUDE AN ADDITIONAL STATE SURCHARGE OF $1.50 PER NOTIFICATION FROM THE SUPERIOR COURT OF LOS ANGELES, CA AND AN ADDITIONAL $.50 TO THE CITY PENALTY AMOUNT DUE TO City Council Minutes 3-24-09 Page 12618 • • • THE FACT THAT THE DMV WILL NOT ACCEPT FINE AMOUNTS WITH CENTS. Memorandum from Finance Director Viki Copeland dated March 17, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6640, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S PARKING VIOLATION BAIL SCHEDULE." 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1298 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, ZONING ORDINANCE, TO PERMIT RESTAURANTS BY RIGHT THAT SELL BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH STANDARDS FOR SAID RESTAURANTS, AND AMENDING THE BUSINESS LICENSE REGULATIONS FOR CONSISTENCY. For adoption. Memorandum from City Clerk Elaine Doerfling dated March 17, 2009. Supplemental letter from Howard Longacre received March 23, 2009. Coming forward to address the Council on this item were: Jeff Duclos — Hermosa Beach, hoped the Council had read the supplemental letter and would carefully consider the magnitude of the proposed change; thought the decision should be made by a vote to the people as he believed the proposed ordinance lacked community support; Jim Lissner — Hermosa Beach, said the ordinance could result in too many restaurants and would cause unfair competition to restaurants closing at 10 p.m. that were already approved to sell beer and wine; and Gene Dreher — Hermosa Beach, supported adoption of the ordinance because he thought it was appropriate for family restaurants closing early to be able to serve beer and wine to their customers and did not believe there would be a problem with too much alcohol. Action: To waive full reading and adopt Ordinance No. 09-1298. Motion Reviczky, second Keegan. The motion carried by the following vote: AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 3-24-09 Page 12619 II Items 2(d), (g), (i), (k) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION PC 09-3, ADOPTED ON FEBRUARY 17, 2009, TO AMEND, RESTATE AND SUPERSEDE A CUP FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS "DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS TO 1:00AM THE FOLLOWING MORNING; EXTENDING LIVE ENTERTAINMENT FROM 11:30PM THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30AM THE FOLLOWING MORNING, MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX MONTH REVIEW. Memorandum from Community Development Director Ken Robertson dated March 16, 2009. Supplemental letter received from Howard Longacre on March 24, 2009. • Community Development Director Robertson presented the staff report and • responded to Council questions. The public hearing opened at 7:35 p.m.; no one came forward to speak. It was noted that the hearing would be continued because the item was noticed using a 300' radius instead of the new 500' radius requirement for commercial applications. Action: To continue the public hearing to April 14, 2009, and direct staff to re -notice the public hearing, using the 500' radius. Motion Mayor Bobko, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. REVIEW OF HOMELESS ISSUES IN HERMOSA BEACH. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. Action: To receive and file the report on Homeless Issues. Motion Keegan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 3-24-09 Page 12620 • b. REVIEW OF CITY'S STREET SWEEPING PROGRAM. Memorandum from Public Works Director Richard Morgan dated March 17, 2009. • • Public Works Director Morgan presented the staff report and responded to Council questions. Action: To receive and file the Street Sweeping Report Motion Reviczky, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING AGENDA TOPICS. Memorandum from City Manager Stephen Burrell dated March 18, 2009. City Manager Burrell presented the staff report and responded to Council questions. Councilmember Tucker suggested that the agenda include setting guidelines for the Planning Commission's review of items to help when those items come before the City Council. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said he was interested in a downtown SPA, including a balance sheet to determine income to the City from those businesses versus cost, and hoped it would be agendized soon. Action: To confirm the agenda with Councilmember Tucker's added item. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARD AND COMMISSION UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated March 14, 2009. Deputy City Clerk Drasco presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for two Emergency Preparedness Advisory Commission terms that will expire May 31, 2009, with filing deadline to be May 5, 2009. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL City Council Minutes 3-24-09 Page 12621 • a. Councilmember Tucker's suggestion that requirements for the addition • • of photovoltaic and solar equipment on rooftops be codified. City Manager Burrell said an ordinance was adopted almost two years ago to establish those requirements and Councilmember Tucker withdrew his suggestion. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 24, 2009, at the hour of 8:57 p.m. to the Adjourned Regular Joint Meeting with the Planning Commission on Tuesday, March 31, 2009 at 7:00 p.m. C -c -C Xge-0C-.4 Deputy City Clerk City Council Minutes 3-24-09 Page 12622 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • (Joint Meeting with the Planning Commission) of the City of Hermosa Beach, California, held on Tuesday, March 31, 2009, at the hour of 7:02 p.m. • • PLEDGE OF ALLEGIANCE — Carla Merriman CITY COUNCIL ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PLANNING COMMISSION ROLL CALL: Present: Allen, Darcy, Hoffman, Perrotti, Chair Pizer Absent: None ANNOUNCEMENTS — Mayor Bobko announced that the next Project Forward Committee meeting would take place April 13, 2009. Councilmember Reviczky reminded everyone about the Surf Film Festival at 6 p.m. Friday, April 3, and two inductions to the Surfers Walk of Fame at 11 a.m. Saturday, April 4, with surf -related music and activities. PUBLIC PARTICIPATION: Coming forward to address the Council and Commission were: Jim Lissner — Hermosa Beach, said he did not want Upper Pier turned into another Lower Pier for tourists rather than residents; and Ron Newman — Hermosa Beach businessman, thought the development of Upper Pier Avenue would be wonderful. 1. ANNUAL REVIEW PROCESS FOR BUSINESSES WITH ON -SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS. Memorandum from Community Development Director Ken Robertson dated March 24, 2009. Coming forward to address the Council at this time were: Ron Newman — Hermosa Beach businessman, said the Police would know when a review was needed, it should not be triggered by a certain number of incidents, and a courtesy warning would be appropriate; Chris Pike — Hermosa Beach businessman, agreed the Police Chief would be aware of problems and know when to bring in a business for review; Carla Merriman — Hermosa Beach Chamber of Commerce/Visitors Bureau Executive Director, said the data is far superior to that presented before but there were still problems in interpretation; Jim Lissner — Hermosa Beach, said the problems resulted from restaurants and bars affecting residents, and that overcrowding was not the only problem; and City Council Minutes (joint mtg with Planning Corn) 3-31-09 Page 12623 • • Sandy Saemann — Hermosa Beach, thanked the Planning Commission for performing excellent reviews; thought the reviews should take place on a more ongoing basis, rather than annually. Proposed Action: To make no changes to the annual CUP review process. Motion Keegan, second Reviczky. Replaced by a substitute motion. Proposed Action: To maintain the existing CUP review process with additional direction to staff to return with a concise policy memo outlining when a business would be called in by the Police Chief. Motion DiVirgilio, second Mayor Bobko. The motion failed, noting the dissenting votes of Keegan, Reviczky and Tucker. Action: To continue the same annual CUP review process with no changes. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 2. PROPOSED CODE AMENDMENTS PERTAINING TO DEFINITIONS AND STANDARDS FOR RESTAURANTS, ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS, AND LIVE ENTERTAINMENT AND DANCING. Memorandum from Community Development Director Ken Robertson dated March 24, 2009. Supplemental letter from Sandy Saemann. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, supported the 50-50 rule of alcohol versus food served, but said it has become harder for Alcoholic Beverage Control (ABC) to enforce the rule due to the lack of staff and the closing of some of their offices; Ron Newman — Hermosa Beach businessman, said the 50-50 rule is always enforced by the ABC, not a city, and is never enforced unless there is a problem; said restaurants should not be forced to keep their kitchens open until closing time; Seth Weiss — said the 50-50 rule is unfair and difficult to enforce, but the ABC can take action when there is an extreme situation; said the City has other means of enforcement; Carla Merriman — Hermosa Beach Chamber of CommerceNisitors Bureau Executive Director, said the 50-50 rule had been troublesome to some of the restaurants; said the proposed ordinance could cause problems for restaurants wishing to remodel; Chris Pike — Hermosa Beach businessman, said the 50-50 rule could be enforced when there were problems with a particular business; also said CUP reviews should be performed only for those businesses causing problems. City Council Minutes (joint mtg with Planning Com) 3-31-09 Page 12624 • • Action: To receive and file the report. Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Reviczky. 3. DISCUSSION OF FUTURE PLANNING STUDIES AND PRIORITIES (DOWNTOWN VISION AND STRATEGIC PLAN FOR LOWER PIER AVENUE, AVIATION BOULEVARD CORRIDOR STUDY, PACIFIC COAST HIGHWAY STUDY, UPDATES TO THE GENERAL PLAN, CLIMATE ACTION PLAN, ETC.). Memorandum from Community Development Director Ken Robertson dated March 24, 2009. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said he was happy that something would be done on Pacific Coast Highway and hoped a date certain would be set, said it was also important to prioritize the downtown study, especially a balance sheet to see if the revenue matched the enforcement costs; encouraged the Council to keep environmental matters in mind and prohibit diesel generators; Dency Nelson — Hermosa Beach, said the following evening from 5 to 7 p.m., there would be an opportunity through the Air Quality Management District for the City to obtain Federal funds for a climate action plan with priorities set appropriately; and Sandy Saemann — Hermosa Beach, said it was not true that the City never enforced the 50-50 rule. Proposed Action: To receive and file the report. Motion Keegan. The motion died for lack of a second. Action: To direct staff to agendize for a date certain when this item could move forward. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 31, 2009, at the hour of 9:22 p.m. to the Adjourned Regular meeting of Tuesday, April 14, 2009, at 5:30 p.m. for the purpose of interviewing Green Task Force applicants. Deputy City Clerk City Council Minutes (joint mtg with Planning Com) 3-31-09 Page 12625 • • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 2009, at the hour of 5:35 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky Tucker Absent: Mayor Bobko INTERVIEWS OF GREEN TASK FORCE APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Christian Campisi Philip Friedl Ann Hempelmann (by teleconference) Steve Hunt Kris Kimble Mike Miller David Pedersen Lisa -Ryder -Moore Brian Schoening Dency Nelson and Jeff Duclos had both withdrawn their applications prior to the interviews. Applicants interviewed were notified that the City Council would appoint Task Force members at its meeting on April 28, 2009. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 14, 2009, at the hour of 6:40 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. LOity Clerk C -d City Council Adjourned Minutes 04-14-09 Page 12626 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 2009, at the hour of 7:04 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker Absent: Mayor Bobko PLEDGE OF ALLEGIANCE — Tracy Hopkins ANNOUNCEMENTS Councilmember Reviczky asked that the meeting be adjourned in memory of June Maxwell, mother of Hermosa Beach resident Jeff Maxwell, and expressed condolences to Jeff and his family. Councilmember Keegan announced the Pier -to -Pier Walkathon, a fundraiser for the Ridgestone Family Center, on April 25, beginning at 7:30 a.m. at the Manhattan Beach Pier and ending at the Hermosa Beach Pier. Councilmember Tucker encouraged everyone to attend the Art Walk fundraiser on Saturday, May 30, from 5:30 to 8:30 p.m. at Saint Rocke, featuring music, food, and art auctions for $30 a ticket, and the Art Walk on June 13 and 14 from 10 a.m. to 7 p.m. on the Community Center lawn, featuring the artwork of more than 100 artists, noting that anyone wishing to obtain a booth could find information at www.hbartwalk.com. He also announced the Beach Cities Health District's Steppin' Out challenge to walk 70,000 steps in a week beginning April 20. PROCLAMATIONS NATIONAL LIBRARY WEEK APRIL 12-18, 2009 Mayor pro tem DiVirgilio presented the proclamation to Elmita Brown, Community Library Manager, who announced this year's theme, Roads Connect at the Library, and said Mayor pro tem DiVirgilio would be guest reader at story time on Friday, April 12 at 11:30 a.m.. CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH APRIL 2009 Mayor pro tem DiVirgilio invited members of the Emergency Preparedness Advisory Commission forward, thanked them for their work, and presented the proclamation. Commissioner Patricia Ellis encouraged families to put together a preparedness plan at home and away from home; suggested residents to go the Neighborhood Watch and City websites for further information and to subscribe to the City's e -newsletter. City Council Minutes 4-14-09 Page 12627 • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were originally no written communications for this agenda but there was one supplemental written communication as follows: a. Letter from Howard Longacre received April 13 regarding Ordinance 09- 1298 and email communications. No one came forward to speak on this letter. City Attorney Jenkins and City Manager Burrell responded to Council questions. • Action: To receive and file Mr. Longacre's letter for this agenda as well as the one for the adjourned meeting earlier in the evening. Motion Tucker, second Keegan. The motion carried, noting the absence of Mayor Bobko. Coming forward to address the Council at this time were: Timothy Beck — Heal the Harbor, non-profit environmental group, asked the Council to agendize a discussion to set aside 10% of the beach for handicapped people and people who wish an even tan or have skin diseases that need to have sun on parts of the body which normally are covered by a bathing suit; said the ocean is full of bacteria and the sun kills the bacteria; Julian Katz — Hermosa Beach Lawn Bowling Club invited the public to their Open House on Saturday, May 9, from 10:00 a.m. to 3:00 p.m. with free pizza, soft drinks and lessons. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(f) Reviczky. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. (Mayor Bobko absent) (a) RECOMMENDATION TO APPROVE THE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE MARCH 2009 MEETINGS. Action: To approve the memorandum from City Clerk Elaine Doerfling regarding the minutes of the March 2009 meetings. (Mayor Bobko absent) • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55206 THROUGH 55418. City Council Minutes 4-14-09 Page 12628 • Action: To ratify the check register as presented. (Mayor Bobko absent) • • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (Mayor Bobko absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 18, 2009. Action: To receive and file the action minutes of the Public Works Commission meeting of March 18, 2009. (Mayor Bobko absent) (e) RECOMMENDATION TO AMEND PROFESSIONAL SERVICES AGREEMENT TO ADRIAN GAUS ARCHITECTURE, INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR PROJECT NO. CIP NO. 07- 649 - COMMUNITY CENTER GENERAL IMPROVEMENTS FOR AN INCREASED FEE OF $6,480; AND, AUTHORIZE THE TRANSFER OF $6,480 FROM THE 301 CAPITAL IMPROVEMENT FUND (301-8127-4201) FOR THE COMMUNITY CENTER GENERAL IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated April 8, 2009. (f) Action: To approve the staff recommendation to: (1) Provide construction support services for Project No. CIP No. 07- 649 - Community Center General Improvements for an increased fee of $6,480; and, (2) Authorize the transfer of $6,480 from the 301 Capital Improvement Fund (301-8127-4201) for the Community Center General Improvements. (Mayor Bobko absent) RECOMMENDATION TO ACCEPT DONATIONS OF $800 FROM LD FOUNDATION/STEVE NAPOLITANO TO BE USED FOR THE POLICE DEPARTMENT K-9 PROGRAM, $120 FROM BOEING EMPLOYEE'S COMMUNITY FUND/CHRISTOPHER ASHLEY TO BE USED FOR COMMUNITY RESOURCES PROGRAMS; $247 FROM ANONYMOUS DONOR COLLECTIONS TO BE USED FOR THE ST. PATRICK'S DAY PARADE; AND, $2,500 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE ST. PATRICK'S DAY PARADE. Memorandum from Finance Director Viki Copeland dated April 6, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 4-14-09 Page 12629 • (9) • Action: To accept the following donations: - $800 from LD Foundation/Steve Napolitano to be used for the Police Department K-9 Program; - $120 from Boeing Employee's Community Fund/Christopher Ashley to be used for Community Resources programs; - $247 from anonymous donor collections to be used for the St. Patrick's Day Parade; and, - $2,500 from the Hermosa Beach Chamber of Commerce to be used for the St. Patrick's Day Parade. Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. RECOMMENDATION TO ACCEPT THE AWARD OF $5,691 FROM THE FIREMAN'S FUND INSURANCE COMPANY HERITAGE PROGRAM GRANTED TO THE HERMOSA BEACH FIRE DEPARTMENT AND INCREASE THE REVENUE THE SAME AMOUNT; AND, AUTHORIZE AN APPROPRIATION TO BE PRESENTED IN THE 2008/09 BUDGET AND THE EXPENDITURE OF $5,691 FOR THE PURCHASE OF FIREFIGHTER FIRE SAFETY SHELTERS, HAND TOOLS, AND GOGGLES. Memorandum from Fire Chief David Lantzer dated April 6, 2009. Action: To approve the staff recommendation to: (1) Accept the award of $5,691 from the Fireman's Fund Insurance Company Heritage Program granted to the Hermosa Beach Fire Department and increase the revenue the same amount; and, (2) Authorize an appropriation to be presented in the 2008/09 budget and the expenditure of $5,691 for the purchase of firefighter fire safety shelters, hand tools, and goggles. (Mayor Bobko absent) (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 2, 2009. (i) • Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 2, 2009. (Mayor Bobko absent) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #63002 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 42 FIFTEENTH STREET. Memorandum from Community Development Director Ken Robertson dated March 30, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6641, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #63002 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 42 FIFTEENETH STREET." (Mayor Bobko absent) City Council Minutes 4-14-09 Page 12630 • (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70173 FOR A TWO -LOT SUBDIVISION AT 2117 POWER STREET. Memorandum from Community Development Director Ken Robertson dated April 6, 2009. • • Action: To approve the staff recommendation to adopt Resolution No. 09- 6642, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #70173 FOR A TWO -LOT SUBDIVISION AT 2117 POWER STREET." (Mayor Bobko absent) (k) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE MULTI -AGENCY MEMORANDUM OF AGREEMENT TO COOPERATIVELY AND JOINTLY FUND THE PHASE I IMPLEMENTATION AND PHASE II PERFORMANCE ASSESSMENT OF THE JURISDICTIONAL GROUPS 5 AND 6 IMPLEMENTATION PLAN IN ACCORDANCE WITH THE SANTA MONICA BAY BEACHES BACTERIA TOTAL MAXIMUM DAILY LOAD REGULATIONS WITH A MAXIMUM CONTRIBUTION BY THE CITY OF HERMOSA BEACH OF $69,767. Memorandum from Public Works Director Richard Morgan dated April 6, 2009. Action: To authorize the Mayor to execute the multi -agency Memorandum of Agreement to cooperatively and jointly fund the Phase I implementation and Phase II performance assessment of the Jurisdictional Groups 5 and 6 Implementation Plan in accordance with the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load regulations with a maximum contribution by the City of Hermosa Beach of $69,767. (Mayor Bobko absent) 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(f) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION PC 09-3, ADOPTED ON FEBRUARY 17, 2009, TO AMEND, RESTATE AND SUPERSEDE A CUP FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS "DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING City Council Minutes 4-14-09 Page 12631 • • • THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS TO 1:00AM THE FOLLOWING MORNING; EXTENDING LIVE ENTERTAINMENT FROM 11:30PM THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30AM THE FOLLOWING MORNING, MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX MONTH REVIEW. Memorandum from Community Development Director Ken Robertson dated March 16, 2009. City Manager Burrell said the appellant had requested the item be continued to the City Council meeting of April 28, in order to have a full Council present. Action: To continue the item to the City Council meeting of April 28, 2009. Motion Reviczky, second Keegan. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. b. TEXT AMENDMENT AND ZONE CHANGE (TEXT 08-8/ ZONE 08-2) AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION TO AMEND THE MUNICIPAL CODE AND TO REZONE PROPERTY FROM C-2 (RESTRICTED COMMERCIAL) TO A NEW SPECIFIC PLAN AREA NO. 11 ALONG PIER AVENUE, BETWEEN PALM AND VALLEY DRIVES, TO IMPLEMENT `UPPER PIER AVENUE COMMITTEE FINAL REPORT' AND PROMOTE A PEDESTRIAN -FRIENDLY VILLAGE CENTER, ADDRESSING PERMITTED AND CONDITIONAL USES; DESIGN, PARKING, SIGNS, LANDSCAPE AND GREEN BUILDING STANDARDS; INCENTIVES TO ENCOURAGE SERVICE/OFFICE USES ON THE SECOND FLOOR, RETAIN ICONIC OR CULTURALLY IMPORTANT BUILDINGS, AND REDUCE LOT CONSOLIDATION; RESTRICTIONS ON OUTDOOR SEATING AND/OR DISPLAYS ON THE SIDEWALK; AND OTHER MINOR RELATED CHANGES AFFECTING CHAPTER 17 (ZONING) AND OTHER CHAPTERS FOR CONSISTENCY. (DOES NOT INCLUDE CHANGES TO STREETSCAPE, SIDEWALKS, CENTER MEDIAN AND RELATED ELEMENTS IN PUBLIC RIGHT-OF-WAY.) Memorandum from Community Development Director Ken Robertson dated April 8, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Senior Planner Pamela Townsend gave a Power Point presentation illustrating aspects of the project, and responded to Council questions. The public hearing opened at 8:08 p.m. Coming forward to address the Council on this item were: Jeff Duclos — Hermosa Beach, said this was a 150 -page Zoning Ordinance and with the waiver of full reading, public comments would be out of context so people listening at home will have no idea of the scope of change until construction begins and then it will be too late; said it would be more beneficial to the City to update the General Plan than to City Council Minutes 4-14-09 Page 12632 • focus on this small area of the City, with the proposed changes benefitting tourists more than residents; said there were no green standards required but only encouraged; said, in general, this action represents a lack of democratic process and concern for public opinion; Miles Salomar — supported the new design, the wide sidewalks and the two- story buildings; said that Pier Plaza is not just for tourists and neither would this be; said he envisioned the area to be like State Street in Santa Barbara; Lori Ford — Owner of the Gum Tree, said she was excited about the proposed changes on Pier Avenue but was a little concerned about lack of parking; The public hearing was closed at 8:20 p.m. Action: To direct staff to return with the proposed Ordinance re -written to include changes suggested by the City Council during discussion of this item. Motion Tucker, second Keegan. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. 6. MUNICIPAL MATTERS a. 2009 SUNSET CONCERT VENUE PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated April 7, 2009. Community Resources Lynn presented the staff report and responded to Council questions. Action: To approve the concert venue proposal. Motion Keegan, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. b. CONSIDERATION OF A TWO YEAR EXPIRATION PERIOD FOR BUILDING PERMITS. Memorandum from Community Development Director Ken Robertson dated April 8, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1299, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PROVIDE A MAXIMUM TWO YEARS LIFE FOR BUILDING PERMITS AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE," noting the change in Section 2, Paragraph D of the Ordinance to allow two six-month extensions instead of one. City Council Minutes 4-14-09 Page 12633 • • Motion Tucker, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. c. MARINELAND MOBILEHOME PARK — REQUEST FOR PRE -DEVELOPMENT LOAN AS PART OF RESIDENT PURCHASE OF PARK. Memorandum from City Manager Stephen Burrell dated April 9, 2009. Supplemental Internal Revenue information received from the applicant on April 14, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Janice Yates — Hermosa Beach, President Marineland Community Association, Inc., thanked the Council for all the City had done to help convert the park to resident ownership and said all they needed now was a loan for upfront costs; and John Rodrigue — from a law firm representing the association responded to Council questions about the details of the transaction. Action: To approve the pre -development loan agreement with Marineland Community Association Inc., a California non-profit benefit corporation (MCAT). Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Keegan and the absence of Mayor Bobko. The meeting recessed at 8:55 p.m. The meeting reconvened at 9:02 p.m., with item 6(e). d. SANITARY SEWER MASTER PLAN UPDATE. Memorandum from Public Works Director Richard Morgan dated April 2, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. Action: To receive and file the Sanitary Sewer Master Plan Update prepared by MBF Consulting, Inc.; and, direct staff to prepare a report for Council regarding establishing a Sewer Fee, including the steps required, associated costs and recommended time table. Motion Keegan, second Tucker. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. e. APPROVAL OF PLANS FOR PIER AVENUE IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated April 7, 2009. City Council Minutes 4-14-09 Page 12634 • Public Works Director Morgan presented the staff report and responded to Council questions. • City Manager Burrell said he would email a sample letter to each Councilmember who could in turn write to legislators to assist in the City's obtaining stimulus money for this project. Action: To approve the staff recommendation to adopt Resolution No. 09- 6643, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE THE PIER AVENUE IMPROVEMENT PROJECT PLANS." Motion Keegan, second Tucker. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. At 9:10 p.m., the order of the agenda returned to item 6(d). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS —TERM EXPIRATIONS — PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSION. Memorandum from City Clerk Elaine Doerfling dated April 6, 2009. Deputy City Clerk Drasco presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 2009 Motion Tucker, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Bobko. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Keegan that the City Council direct the Planning Commission to review the sign ordinance as it pertains to temporary signs to more carefully regulate the placement, size, duration as it applies to single tenant structures and multi -tenant commercial buildings. No single property or group of properties shall display more than three banner signs per year. Supplemental email received from Roger Bacon on April 13, 2009. • Councilmember Keegan spoke to his request. City Council Minutes 4-14-09 Page 12635 • • • Action: To direct the Planning Commission to review the sign ordinance as it pertains to temporary signs to more carefully regulate the placement, size, duration as it applies to single tenant structures and multi -tenant commercial buildings with no single property or group of properties being allowed to display more than three banner signs per year. Motion Keegan, supported by Tucker and Reviczky. (Mayor Bobko absent) b. Request from Councilmember Tucker that Hermosa Beach work with Manhattan Beach and Redondo Beach to request the Beach Cities Health District to provide funding for paramedic services. Councilmember Tucker spoke to his request, stating that he was suggesting the Beach Cities Health District help fund equipment, supplies, maybe a new ambulance eventually but not paramedics' salaries. Action: To direct the City Manager to discuss at his monthly beach cities City Manager meeting the possibility of joining together to approach Beach Cities Health District for assistance Motion Tucker, supported by Keegan and Reviczky. (Mayor Bobko absent) ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of June Maxwell, on Tuesday, April 14, 2009, at the hour of 9:30 p.m. to the Regular Meeting on Tuesday, April 28, at 6:00 p.m. City Clerk Deputy City Clerk City Council Minutes 4-14-09 Page 12636 • • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 28, 2009, at the hour of 6:01 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on March 10, 2009; and b. Closed Session meeting held on March 24, 2009. 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(a) a. Name of Case: Case Number: Ramirez v. City of Hermosa Beach; et. al. YC052333 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 28, 2009, at the hour of 6:02 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. City Council Minutes 4-28-09 Page 12637 PLEDGE OF ALLEGIANCE — Mordy Benjamin • CLOSED SESSION REPORT — City Attorney Jenkins said labor negotiations and one matter of pending litigation were discussed at this evening's closed session and no reportable actions were taken. • • ANNOUNCEMENTS — Councilmember Reviczky congratulated resident Dan Marinelli on winning another Emmy; asked that the meeting be adjourned in memory of Hermosa resident Robbie Pierson, a long-time friend of his family. Councilmember Keegan encouraged the community to attend the Hermosa Beach Lawn Bowling Club's open house at 10 a.m. Saturday, May 9. He said he, along with Mayor pro tem DiVirgilio and City Manager Burrell, would attend a day -long workshop at the Redondo Beach Performing Arts Center on Thursday, April 30, to explore ways for cities and school districts to work together to increase funding, provide better facilities and be more efficient. Mayor Bobko announced a Hermosa Beach, Manhattan Beach and Redondo Beach Sisters Cities Association fundraiser on Saturday, May 2, from 2 to 5 p.m., at Ortega 120, 1844 South Pacific Coast Highway, Redondo Beach. PROCLAMATIONS / PRESENTATIONS PRESENTATION OF COMMENDATION TO SYLVIA YOLANDA MEDINA 2009 SCHOOL CROSSING GUARD OF THE YEAR Mayor Bobko read and presented a commendation to Ms. Medina, who is stationed at the intersection of Pier Avenue and Valley Drive. PUBLIC PARTICIPATION 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Lonqacre dated April 20, 2009 regarding several procedural issues. No one came forward to speak on this letter. Action: To receive and file Mr. Longacre's letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, asked that the Council remove item 2(s) from the Consent Calendar for separate discussion; City Council Minutes 4-28-09 Page 12638 • Jeff Duclos — Hermosa Beach, asked that the Council remove items 2(j) and 2(t) from the Consent Calendar for separate discussion; Carla Merriman — Hermosa Beach Chamber of Commerce and Travelers Bureau Executive Director, reported the closure of 28 businesses in 2008 and another nine during the first quarter of 2009, with more expected; encouraged residents to shop and dine locally to support local businesses; and Peter Barsak — Hermosa Beach, cited a newspaper article about Manhattan Beach giving 1.3 million dollars to its school district; encouraged the Council to look for ways to help Hermosa schools. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (t) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(i) Keegan, (m) Reviczky, and (j), (I), (s) and (t) DiVirgilio. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 10, 2009. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on March 10, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55419 THROUGH 55559. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the March 2009 financial reports: (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 21, 2009. City Council Minutes 4-28-09 Page 12639 • (f) • • (g) Action: To receive and file the action minutes of the Planning Commission meeting of April 21, 2009. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE "MEMORANDUM OF PARTICIPATION — ENERGY EFFICIENCY FEDERAL STIMULUS GRANT PROGRAM" SPONSORED BY THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS. Memorandum from Community Development Director Ken Robertson dated April 20, 2009. Action: To authorize the City Manager to execute the "Memorandum of Participation — Energy Efficiency Federal Stimulus Grant Program" sponsored by the South Bay Cities Council of Governments, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated April 21, 2009. Action: To receive and file report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF APRIL 15, 2009. (i) Action: To receive and file the action minutes of the Public Works Commission meeting of April 15, 2009. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of March 31, 2009, amending the dates on beach rest room rehabilitation to indicate more accurately that the project will be completed in time for summer 2010. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ACCEPT THE WORK BY TEXSUN CONSTRUCTION FOR THE CLARK BUILDING REFURBISHMENT — PHASE 2; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO TEXSUN CONSTRUCTION (10% RETAINED; 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated April 20, 2009. City Council Minutes 4-28-09 Page 12640 • This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Coming forward to address the Council on this item was: Jeff Duclos — Hermosa Beach, said he was concerned about the lack of detail provided for this project. (It was noted by Council that this item refers to the completed project and details are on the City's website in the staff report of October 14, 2008, when the project was approved, as stated in the background section of this evening's staff report.) Action: To approve the staff recommendation to: (1) Accept the work by Texsun Construction for the Clark Building Refurbishment — Phase 2; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize Staff to release payment to Texsun Construction (10% retained; 35 days following filing of Notice of Completion). Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Keegan. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 7, 2009. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 7, 2009. (I) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) 2009 FORD ESCAPE HYBRID 4WD VEHICLE TO BE USED PRIMARILY IN CONJUNCTION WITH THE DEPARTMENT'S VOLUNTEERS -IN -POLICING (VIP) PROGRAM; AND, AUTHORIZE THE PURCHASE OF ONE (1) 2009 FORD ESCAPE HYBRID 4WD VEHICLE (PAINTED BLACK AND WHITE) TO REPLACE AN EXISTING 2001 DODGE DURANGO (4WD) UTILIZING "SCAQMD" FUNDS. Memorandum from Police Chief Greg Savelli dated April 9, 2009. This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting. Police Chief Savelli responded to Council questions. Action: To approve the staff recommendation to: (1) Authorize the purchase of one (1) 2009 Ford Escape Hybrid 4WD vehicle to be used primarily in conjunction with the department's Volunteers -In -Policing (VIP) program; and City Council Minutes 4-28-09 Page 12641 (m) (2) Authorize the purchase of one (1) 2009 Ford Escape Hybrid 4WD vehicle (painted black and white) to replace an existing 2001 Dodge Durango (4WD) utilizing "SCAQMD" funds. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO RENEW A TAXICAB FRANCHISE AGREEMENT WITH SOUTH BAY YELLOW CAB OF GARDENA, BELL CAB COMPANY OF HAWTHORNE, UNITED INDEPENDENT TAXI DRIVERS, INC. OF LOS ANGELES AND ALL YELLOW TAXI OF LOS ANGELES. Memorandum from Police Chief Greg Savelli dated April 15, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To continue the item and direct staff to bring back response times from the taxi companies as shown in their logs. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (n) RECOMMENDATION TO APPROVE AN EXCHANGE AGREEMENT WITH THE CITY OF LA MIRADA TO SELL $133,000 OF THE CITY'S UNSPENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR $73,150 IN UNRESTRICTED FUNDS. Memorandum from Community Development Director Ken Robertson dated April 21, 2009. Action: To approve the staff recommendation to: (1) Approve an exchange` agreement with the City of La Mirada to sell $133,000 of the City's unspent Community Development Block Grant (CDBG) funds for $73,150 in unrestricted funds; and (2) Adopt Resolution No. 09-6644, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE CITY OF LA MIRADA FOR THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS." (o) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR ADMINISTRATIVE SERVICES COORDINATOR. Memorandum from City Manager Stephen Burrell dated April 21, 2009. (p) • Action: To approve the class specification for Administrative Services Coordinator, as recommended by staff. RECOMMENDATION TO ACCEPT AND APPROPRIATE MONEY FROM THE FEDERAL GOVERNMENT THROUGH THE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM. Memorandum from Police Chief Greg Savelli. City Council Minutes 4-28-09 Page 12642 • (q) Action: To accept and appropriate money from the federal government through the Justice Assistance Grant (JAG) Program, as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2009-2010 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 09-6639; AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 THROUGH JUNE 30, 2010; AND SETTING JUNE 9, 2009, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated April 21, 2009. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 09-6645, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2009-2010." (2) Adopt Resolution No. 09-6646, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2009-2010 FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATIONS THERETO." (r) RECOMMENDATION TO ACCEPT WORK BY D & L PAVING, INC. FOR CIP PROJECT NO. 05-119 STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO D & L PAVING, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated April 21, 2009. Action: To approve the staff recommendation to: (1) Accept work by D & L Paving, Inc. for CIP Project No. 05-119 Street Improvements; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to D & L Paving, Inc. (10% retained for 35 days following filing of Notice of Completion). City Council Minutes 4-28-09 Page 12643 • (s) RECOMMENDATION TO AUTHORIZE THE TRANSFER OF $12,758 FROM THE 301 CAPITAL IMPROVEMENTS PROGRAM (301-8650-4201) TO THE COMMUNITY CENTER ELECTRICAL UPGRADES PROJECT (301-8654- 4201); AUTHORIZE THE APPROPRIATION OF $50,309 FROM THE 122 TYCO FUND TO THE COMMUNITY CENTER ELECTRICAL UPGRADES PROJECT (122-8654-4201); AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE A CHANGE ORDER IN THE "NOT -TO - EXCEED" AMOUNT OF $109,268 FOR THE COMMUNITY CENTER ELECTRICAL UPGRADES PROJECT FOR ADDITIONAL ELECTRICAL IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated April 22, 2009. This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, questioned why this contractor was chosen; suggested an examination of bidding procedures; asked why electrical improvements were being performed on the tennis courts when it was rumored that a parking structure might be built under the courts, which would necessitate their demolition. Action: To approve the staff recommendation to: (1) Authorize the transfer of $12,758 from the 301 Capital Improvements Program (301-8650-4201) to the Community Center Electrical Upgrades Project (301-8654-4201); (2) Authorize the appropriation of $50,309 from the 122 Tyco Fund to the Community Center Electrical Upgrades Project (122-8654-4201); and (3) Authorize the Director of Public Works to issue a Change Order in the "not -to -exceed" amount of $109,268 for the Community Center Electrical Upgrades Project for additional electrical improvements. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (t) RECOMMENDATION TO APPROVE A $118,800 INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT (PSA) AMOUNT WITH RRM DESIGN GROUP FOR ADDITIONAL DESIGN SERVICES FOR CIP 04-116 PIER AVENUE IMPROVEMENT PROJECT AS PROVIDED FOR IN COUNCIL STAFF REPORTS DATED JULY 22, 2008 AND OCTOBER 28, 2008. Memorandum from Public Works Director Richard Morgan dated April 20, 2009. This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting. Coming forward to address the Council at this time was: City Council Minutes 4-28-09 Page 12644 • Jeff Duclos — Hermosa Beach, said there should be a spread sheet showing the project's total cost so far, since part of the fiduciary responsibility of a Council is to show how money is spent and the source of the money; asked for reassurance from the Council that no General Fund money was being used for this project, because it appeared that $3 million expected from grants has not yet been received. Action: To approve a $118,800 increase in the Professional Services Agreement (PSA) amount with RRM Design Group for additional design services for CIP 04-116 Pier Avenue Improvement Project as provided for in Council staff reports dated July 22 and October 28, 2008, as recommended by staff. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1299 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE TO PROVIDE A MAXIMUM TWO YEAR LIFE FOR BUILDING PERMITS AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 21, 2009. Action: To waive full reading and adopt Ordinance No. 09-1299. Motion Tucker, second Reviczky. The motion carried by the following vote: AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2 (i) (j), (I), (m) (s) and (t) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CITY COUNCIL REVIEW AND RECONSIDERATION OF A PLANNING COMMISSION RESOLUTION ADOPTED ON FEBRUARY 17, 2009, AMENDING, RESTATING AND SUPERSEDING A CONDITIONAL USE PERMIT FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT City Council Minutes 4-28-09 Page 12645 • AT 22 PIER AVENUE, KNOWN AS "DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING DAILY TO 1:00 A.M. THE FOLLOWING MORNING THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS; EXTENDING LIVE ENTERTAINMENT FROM 11:30 P.M. THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30 A.M. THE FOLLOWING MORNING; MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX-MONTH REVIEW AT 22 PIER AVENUE, DRAGON. Continued from meeting of March 24, 2009 and April 14, 2009. Memorandum from Community Development Director Ken Robertson dated April 7, 2009. At 7:35 p.m., Councilmember Keegan recused himself because his bakery does business with Dragon. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:50 p.m. Coming forward to address the Council on this item was: Jeff Bellandi — Dragon, said they have live entertainment Thursday through Sunday evenings and collect a cover charge to keep the crowd manageable; Jim Lissner — Hermosa Beach, said a restaurant's main business is not conducted between 1:00 and 2:00 a.m.; said this establishment was not supposed to be a bar and should have an earlier closing time; said once a later closing time is approved, it is very hard to reverse that decision; and Sandy Saemann — Hermosa Beach, said this was an opportunity to make sure this business operates as a restaurant, not a bar, and urged the Council to deny the later closing time. The public hearing was closed at 7:55 p.m. Jeff Bellandi — Dragon, who was called to the podium to comment on the Alcohol and Beverage Control Department's 50-50 rule, ratio of food to alcohol served, stated that for the last nine months, he had provided quarterly reports to Chief Savelli. Action: To approve the staff recommendation to adopt Resolution No. 09- 6647, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND, RESTATE AND SUPERSEDE A CONDITIONAL USE PERMIT FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS "DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING City Council Minutes 4-28-09 Page 12646 • THURSDAY, FRIDAY, SATURDAY AND VARIOUS HOLIDAYS TO 1:00 A.M. THE FOLLOWING MORNING; EXTENDING LIVE ENTERTAINENT FROM 11:30 P.M. THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS TO 12:30 A.M. THE FOLLOWING MORNING, MODIFYING REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES; AND REQUIRING A SIX-MONTH REVIEW," amended as follows: (1) to correct the start time of 7 p.m. (instead of 8 a.m.) for live entertainment in Section 2.2 of the conditions; (2) to add a statement prohibiting admission charges in Section 1.5 of the conditions; and (3) to add the requirement that summaries provided to the Police Chief of gross receipts of percentages of food and alcohol (the 50-50 rule) be audited and certified by a Certified Public Accountant in Section 1.3 of the conditions. Motion DiVirgilio, second Tucker. The motion carried, noting the dissenting vote of Reviczky and the abstention of Keegan. At 8:14 p.m., Councilmember Keegan returned to the room and the dais. b. TEXT AMENDMENT AND ZONE CHANGE (TEXT 08-8/ ZON 08-2) AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION TO AMEND THE MUNICIPAL CODE AND TO REZONE PROPERTY FROM C-2 (RESTRICTED COMMERCIAL) TO A NEW SPECIFIC PLAN AREA NO. 11 ALONG PIER AVENUE, BETWEEN PALM AND VALLEY DRIVES, TO IMPLEMENT `UPPER PIER AVENUE COMMITTEE FINAL REPORT' AND PROMOTE A PEDESTRIAN -FRIENDLY VILLAGE CENTER, ADDRESSING PERMITTED AND CONDITIONAL USES; DESIGN, PARKING, SIGNS, LANDSCAPE AND GREEN BUILDING STANDARDS; INCENTIVES TO ENCOURAGE SERVICE/OFFICE USES ON THE SECOND FLOOR RETAIN ICONIC OR CULTURALLY IMPORTANT BUILDINGS, AND REDUCE LOT CONSOLIDATION; RESTRICTIONS ON OUTDOOR SEATING AND/OR DISPLAYS ON THE SIDEWALK; AND OTHER MINOR RELATED CHANGES AFFECTING CHAPTER 17 (ZONING) AND OTHER CHAPTERS FOR CONSISTENCY. (DOES NOT INCLUDE CHANGES TO STREETSCAPE, SIDEWALKS, CENTER MEDIAN AND RELATED ELEMENTS IN PUBLIC RIGHT-OF-WAY.) Continued from meeting of April 14, 2009. Memorandum from Community Development Director Ken Robertson dated April 20, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:16 p.m. Coming forward to address the Council on this item was: Jeff Duclos — Hermosa Beach, said the public deserves a public hearing during which all elements of the Upper Pier Avenue project are shown instead of one part at a time. City Council Minutes 4-28-09 Page 12647 • • • The public hearing was closed at 8:18 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1300, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT AND ZONE CHANGE FROM C-2 TO "SPECIFIC PLAN AREA NO. 11" FOR PARCELS LOCATED NORTH AND SOUTH OF PIER AVENUE BETWEEN VALLEY DRIVE AND HERMOSA AVENUE, AND FOR CONSISTENCY AMEND PARKING STANDARDS AND STORMWATER CONTROLS AND CHAPTER 12 ENCROACHMENT PERMITS OF THE HERMOSA BEACH MUNICIPAL CODE. " Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. REPORT ON NORTH END BAR AND GRILL. Memorandum from Community Development Director Ken Robertson dated April 20, 2009. Supplemental petition/email from David Naber received on April 27, written communications from Sandy Saemann received on April 27 and 28, emails between ICC, Sandy Saemann and the City received on April 27, email from Jerry Shelburne received on April 23, and letter from Ed McDowell received on April 28. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the petition in support did not contain many names; said this business is pretending to be a restaurant but is really a bar; Jeff Duclos — Hermosa Beach, commended Mr. Saemann for his persistence and the staff for a comprehensive report with a detailed history of the business; said it was clear from the business history that once the service of alcohol was allowed, the practice continued, confirming his opinion that the Council erred with its recent adoption of an ordinance allowing restaurants closing at 10 p.m. to serve beer and wine; Lori (no last name given) — Hermosa Beach, said she had lived in Hermosa all her life and liked the traditions and small town feel; said it was important to support local businesses and that she never felt the North End Bar and Grill was too crowded; Fred Huebscher — Hermosa Beach, said the occupancy load figure changed drastically without any change in the building so it seemed something was wrong with the calculations; Bridget Hoyer — Hermosa Beach, asked for clarification on the determination by the City of the occupancy level; City Council Minutes 4-28-09 Page 12648 • Adrienne Slaughter — Hermosa Beach, said she lived near the North End and felt they did a good job keeping the noise level down with signs and a competent doorman; said the business owners are gracious hosts for community charitable events and also participate in similar events by purchasing tickets or making donations; Sandy Saemann — Hermosa Beach, gave additional information to the Council; objected to the staff report which was supposed to address his 18 points but was instead filled with opinion; discussed maximum occupancy numbers and how they had increased over the years; discussed police calls to this location and parking issues; said this business operates as a bar, not a restaurant; provided a video tape showing activities outside the business; Scott Messier — Hermosa Beach, said there had been a concern about the front door being opened more often than a restaurant door would be opened but explained that people went outside briefly to smoke; said the doorman did a good job during business hours keeping noise down as well as cleaning up after closing; Javier Solis — Hermosa Beach, said he had lived in the area for a long time and knew the previous business had the maximum occupancy reduced for tax purposes; said that people who buy a home near a business have no right to later complain about its being there; Mike McMahon — Hermosa Beach, said the staff report was very thorough, describing the City's monitoring of the North End for compliance with maximum occupancy and other issues; said enforcement consistency was important; Rick Koenig — Hermosa Beach, said the North End, and previously Critters at that location, define the character of Hermosa Beach; said the owners run a good business and are good neighbors to the nearby residents, and it is just one resident who has problems with the North End; Jessica Jordan — Executive Chef at North End Bar and Grill, said she was saddened to hear the business described as a bar, not a restaurant; said she created weekly dinner specials and had a great following; said they were careful to keep the food and alcohol ratio at 50-50. John Courts — North End Bar and Grill, said they take their commitment to running a good business seriously and respect their patrons and their neighbors; said they clean up trash in the area around their business; said they were having their 10 -year anniversary celebration in June and anticipate being a good neighbor to all for many years to come; J.C. Agajanian — Hermosa Beach, said he had mixed feelings because he liked the North End, thought it was a well-managed business with great food, but there were problems later in the evening; and Brian Nelms — Hermosa Beach, said he lived across the street from the North End and had no problems with the business; said they served good City Council Minutes 4-28-09 Page 12649 • food, did a good job maintaining their line of waiting customers; said he had never been there when it seemed too crowded and there always seemed to be street parking. Action: To receive and file the report on North End Bar and Grill, with direction to staff to increase police presence in the neighborhood and explore the concept of a dedicated VIP contingent, and to suggest that Mr. Saemann file an appeal with the Board of Appeals regarding occupancy load, with fees waived. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. The meeting recessed at 9:34 p.m. The meeting reconvened at 9:48 p.m. b. PROPOSAL TO CONSIDER SUBMITTING A MEASURE TO THE VOTERS ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO INCREASE THE BUSINESS LICENSE TAX AND SIMPLIFY THE TAX STRUCTURE. Memorandum from Finance Director Viki Copeland dated April 21, 2009. Finance Director Copeland presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Fred Huebscher — Hermosa Beach, said the issue should go on the ballot even though he might vote against it; said calculating a tax on gross receipts was misleading because high gross receipts did not necessarily indicate profit; said a license tax for home occupations should be a flat fee since no City services were required; Lars Jacobson — Jama Auto House, said the proposal indicated an especially high percentage increase for auto -related businesses, which would discourage existing businesses from staying in town or new ones from opening in Hermosa Beach, especially in the current economy; Bob Mangione — Casey's Cars, said his business had been in Hermosa Beach since 1965; said sales were down 60% and he was struggling to even stay in business, and that an increase in the business license tax would make it impossible; George Barks — urged the Council not to put this on the ballot because of the bad economy nationally and globally; said the closure of businesses would result in lost income to the City; suggested unpaid furloughs of one to two days monthly by City employees to avoid layoffs and decreases in City services; said tax increases should be a last resort; Bob Catalano — said businesses want to stay in the City but it will be difficult with increases in the business license tax, especially for automotive businesses; City Council Minutes 4-28-09 Page 12650 • (No name given) — said it was time for government to cut back and give businesses a break or they will not be able to stay in business; Langley Kersenboom — Hermosa Beach, said this was the wrong time for a tax increase; Sam Edgerton — Hermosa Beach, said with less revenue for businesses, it is not the time to raise taxes; said this increase could force businesses to lay off their employees; said the City should not have unfunded celebrations and instead should look at cost-cutting measures; Will Silva — South Bay BMW, said they wanted to stay in Hermosa Beach but the economic situation and City decisions made this difficult; said the City should be conducive to businesses and not chase them away; Roger Bacon — Ralph's shopping center, said businesses on Pacific Coast Highway and Aviation generate most of the sales tax for the City; said the bad economy, unemployment and vacant businesses contributed to an increase in crime; said he would lose tenants if he had to pass on a landlord tax to his tenants; Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said many of the City's businesses had closed or were barely surviving, and increased taxes would contribute to failures in this weak economy; Randy Fortunato — Bottle Inn, said his business has been hurt by the bad economy and urged the Council to delay this increase at this time; Jim Lissner — Hermosa Beach, said the proposed tax was unnecessary because the City has a huge surplus in the bank even though the Council says some of these funds have restricted uses; said the City has not made cutbacks in several years; said if a school tax bond measure is also on the November election, both might fail; Hakam Wiberq — Swedish Pro -Tech, said if he had known a business license tax increase was to be proposed, he would not have moved his business to Hermosa Beach; Geoff Hirsch — Hermosa Beach, said expenses should be cut rather than raising taxes; said instead of buying hybrid cars for the Volunteers in Policing program, they could use scooters or bicycles; Action: To continue the item to the Council Budget Workshop on May 21, 2009, and direct staff to bring back re -calculated lower business licenses fees; and to form a subcommittee of Councilmember Keegan and Mayor pro tem DiVirgilio. Motion Keegan, second Tucker. The motion carried by a unanimous vote. c. OPTIONS FOR REGULATING SHORT-TERM VACATION RENTALS. Memorandum from Community Development Director Ken Robertson dated April 22, 2009. City Council Minutes 4-28-09 Page 12651 Community Development Director Robertson presented the staff report and responded to Council questions. • Action: Because of the lateness of the hour, Council consensus was to continue this item to the next meeting of May 12, 2009. • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — MAKE APPOINTMENTS TO THE GREEN TASK FORCE. Memorandum from City Clerk Elaine Doerfling dated April 21, 2009. Deputy City Clerk Drasco presented the staff report. Action: To appoint all nine applicants to serve on the Green Task Force, with the terms reduced from two years to 18 months, and to direct the group to select its own chair and vice chair and to strive to be paperless. Motion Keegan, second Mayor Bobko. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to revise the parking regulations in the City Hall parking lot to continue enforcement to 9 p.m., Monday through Thursday to ensure access to public meetings. If approved, staff will return with implementing resolutions. Councilmember Tucker spoke to his request. Action: To direct staff to return with resolutions for Council consideration to change the parking hours in the parking lot directly in front of City Hall to extend enforcement from 6 p.m. to 9 p.m. to accommodate attendees at City meetings in the evening. Motion Tucker, supported by Keegan and Reviczky. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Robbie Pierson, on Tuesday, April 28, 2009, at the hour of 11:32 p.m. to the Regular Meeting on Tuesday, May 12, 2009, at 6:00 p.m. W City Clerk / Deputy City Clerk City Council Minute. 4-28-09 Page 12652 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 12, 2009, at the hour of 7:59 a.m. • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None • PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday. May 12, 2009, at the hour of 8:00 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, May 12, 2009, at the hour of 8:01 a.m. At the hour of 8:57 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 12, 2009, at the hour of 8:58 a.m. to the Regular Meeting of May 12, 2009 at 7:00 p.m. Special City Council Minutes 5-12-09 Page 12653 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Thursday, May 21, 2009, at the hour of 7:12 p.m. • • PLEDGE OF ALLEGIANCE — Nicole Garcia (who also sang America the Beautiful) ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION: Supplemental written correspondence from Firefighters Association. Coming forward to address the Council at this time were: George Barks — Redondo Beach, former Hermosa Councilmember, said one way to save money would be to consolidate police and fire in the three beach cities with one chief for each department and no job losses; regarding the memos of understanding being negotiated with City union groups, suggested salary reductions since the cost of living was going down; said employees could pay more of their PERS retirement deduction; Lars Jacobson — Jama Auto House, opposed increasing business license taxes; said calculating the tax using gross receipts would mean a huge increase for him; said his business generated a lot of sales tax for the City; objected to the City Manager's salary and the use of City money to renovate beach restrooms; Paul Hawkins — Vice President, Hermosa Beach Firefighters Association, when asked to comment on the concept of consolidating the three beach cities' Fire Departments, said he always embraced the idea but the other cities opposed it since they saw no benefits to their cities; Roger Bacon — Hermosa Beach businessman, said most sales tax comes from businesses on Pacific Coast Highway and Aviation; opposed the proposed increase in business license tax and the calculation of tax based on gross sales; said some businesses like McDonald's had high gross sales but a low profit margin; said businesses were being forced to close because of the poor economy and the City would be making the situation worse by increasing business license taxes; Robert Curry — Hermosa Beach, said the Fire Department was understaffed and other costs could be reduced for less critical services; suggested that everyone in the nation could take a 5% pay cut and elected officials could take a 15% cut until the economy has improved; Paul Hawkins — Vice President, Hermosa Beach Firefighters Association, gave a history of staffing in the nearly 30 years he had been with the City Council Minutes 05-21-09 Page 12664 • • • department; stressed the importance of keeping a staff of six rather than five per shift; said public safety should never be sacrificed to cut costs; said understaffing was dangerous for the community and the firefighters and described scenarios; said overtime costs were high now because of vacancies; requested the earned compensatory time cap be lifted from 240 hours so that firefighters could use the time for vacations or cash later when the economy improves; Cheryl Cross — Hermosa Beach resident and non-essential Fire Department volunteer, agreed that lowering the staffing level to five per shift is dangerous and urged the Council against making that decision; and Jennifer Alvarado — President of the PTO and participant in many youth activities; said it was risky to have the Fire Department understaffed; said public safety should always come first and the Council should be concerned about liability. 1. PRELIMINARY BUDGET REVIEW a. MEMOS FROM FINANCE DIRECTOR REGARDING CONSIDERATION OF THE FOLLOWING ITEMS RELATED TO 2009-2010 PRELIMINARY BUDGET: • Schedule of Restricted/Discretionary Funds • Fire Department 5 -Man Minimum Manning • Transient Occupancy Tax Increase • Park Recreation Facility Tax Increase • Assessment District Process • Street Improvement Program Finance Director Copeland distributed memo pages with minor corrections. b. OVERVIEW OF BUDGET CHANGES c. OVERVIEW OF REVENUE CHANGES Finance Director Copeland gave a PowerPoint presentation illustrating the topics shown above and responded to Council questions. City Manager Burrell also responded to Council questions. Council discussion centered on Fire Department staffing, with no changes to be made, as well as the possibility of putting a measure on the ballot for an increase to the Transient Occupancy Tax. Action: To direct staff to agendize for the June 9 meeting the topic of a ballot measure to increase of the Transient Occupancy Tax. City Council Minutes 05-21-09 Page 12665 • Motion Keegan, second Tucker. The motion passed, noting the dissenting vote of Mayor Bobko. • • Regarding the Park Recreation Facility Tax Increase, City Manager Burrell explained that the increase based on CPI was authorized by an ordinance adopted in 1986 and that the item would also be on the June 9 agenda when the budget was presented to the Council for adoption. Action: To receive and file the report. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Further Council discussion included street improvements. Both City Manager Burrell and Public Works Director Morgan responded to questions on the street improvement chart distributed. d. REVIEW OF DEPARTMENT EXPENDITURES City Manager Burrell and department heads responded to specific Council questions regarding department expenditures. e. FORECAST FOR 2010-11 The Council discussed the eight vacant city staff positions that would not be filled and other possible cost-cutting measures, revenue generating actions, funds which might be taken from the City by the State, and what could be expected in the budget for the following fiscal year of 2010-2011. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 21, 2009, at the hour of 9:14 p.m. to the Adjourned Regular Meeting on Tuesday, May 26, 2009, at 6:30 p.m. for the purpose of interviewing Emergency Preparedness Advisory Commission applicants. Deputy City Clerk City Council Minutes 05-21-09 Page 12666 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 26, 2009, at the hour of 6:35 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Tucker. Mayor Bobko Absent: Reviczky INTERVIEWS OF EMERGENCY PREPAREDNESS ADVISORY COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. It was noted that Art Rutherford withdrew his application on May 20. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Jeff Maxwell Carol Russell George Schmeltzer Applicants interviewed were advised that the Council would appoint members at the regular meeting later that evening. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 26, 2009, at the hour of 6:43 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. 1 Cit.y Clerk City Council Adjourned Minutes uty City Clerk 05-26-09 Page 12667 111 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 26 2009, at the hour of 7:00 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PLEDGE OF ALLEGIANCE — Pat Love CLOSED SESSION REPORT — City Attorney Jenkins requested that the Council add a closed session to the agenda for the discussion of two items which arose after the posting of the agenda: Item 1 — existing litigation for the Macpherson Oil Case (No. BC172546) per Government Code Section 54956.9(a); and Item 2 — a threat of litigation regarding a parking citation per Government Code Section 54956.9(b). Action: To add a closed session at the close of the regular meeting for discussion of the two items specified above by the City Attorney, based on the findings that both issues arose after the agenda was posted and require immediate attention. Motion Keegan, second Tucker. The motion carried by a unanimous vote. ANNOUNCEMENTS — Councilmember Tucker discussed the budget workshop held May 21 and said it was even more critical in these economic times for residents to shop in town to support local businesses and the City, which receives sales tax. Councilmember Reviczky asked that the meeting be adjourned in memory of Gary Mallette, a long-time resident of Hermosa Beach, and expressed condolences to his family; said raffle tickets had been sold by the newly formed Green Task Force and Planet Pals at the Memorial Day weekend Fiesta for two surfboards donated by John Wagner and Spyder and winning tickets would be drawn at tonight's meeting. Councilmember Keegan announced the Hermosa Beach Garden Club's annual plant sale on Saturday, May 30, from 9-11 a.m. at the Clark Building. Mayor Bobko said he hoped everyone enjoyed Memorial Day and remembered why the holiday was celebrated; said he, Mayor pro tem DiVirgilio, and Public Works Commissioner Dan Marinelli went to a Torrance memorial service for local families who lost loved ones in combat and were touched by stories of the sacrifices made by young people and their families. Councilmember Tucker called forward Art Walk committee members Sienna Tucker, Pat Love, Ron Newman, Sam Perrotti and Jeff Duclos, who thanked the Kiwanis Club and Hermosa Beach Arts Foundation for their support and presented art scholarships to Mira Costa and Redondo Union High School students, who then drew the winning raffle tickets for the surfboards. The committee also reminded the City Council Minutes 5-26-09 Page 12668 • • • community about the (1) Art Walk silent auction fundraiser, on Saturday, May 30 at Saint Rocke from 5:30-8:30 p.m., noting the $30 admission covers live music and food, and the (2) Art Walk event on June 13-14 on the Community Center lawn. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications for this agenda. Coming forward to address the Council at this time were: Roger Bacon — Ralphs Shopping Center, discussed a recent Daily Breeze article about Hermosa resident Dr. Phillip Wilmort whose experience growing up and surfing in Hermosa provided strong swimming skills to help him survive when his World War II plane went down in the ocean. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (c) DiVirgilio and (e) Reviczky. Motion Keegan, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 14, 2009. Action: To approve, as presented, the minutes of the Regular meeting held on April 14, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55715 THROUGH 55880 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check number 55617, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Supplemental letter from Howard Longacre received on May 26, 2009. This item was removed from the consent calendar by Mayor pro tern DiVirgilio for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file Tentative Future Agenda Items as presented. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. City Council Minutes 5-26-09 Page 12669 • (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the April 2009 financial reports. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ACCEPT A DONATION OF $6,060.00 FROM FRIENDS OF THE PARK TO BE USED FOR REPLACEMENT PLAY EQUIPMENT AT SEA VIEW PARK. Memorandum from Finance Director Viki Copeland dated May 18, 2009. • (f) (g) This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: - $6,060 from Friends of the Park to be used for replacement play equipment at Sea View Park. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 17, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2009. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 19, 2009. Action: To receive and file the action minutes of the Planning Commission meeting of May 19, 2009. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 20, 2009. (i) • Action: To receive and file the action minutes of the Public Works Commission meeting of May 20, 2009. RECOMMENDATION TO RECEIVE AND FILE CODE ENFORCEMENT REPORT FOR 2424/2426 SILVERSTRAND. Memorandum from Community Development Director Ken Robertson dated May 19, 2009. City Council Minutes 5-26-09 Page 12670 • • Action: To receive and file the code enforcement report for property at 2424/2426 Silverstrand. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #67594 FOR AN EIGHT -UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 731 — 745 TWENTY-FIRST STREET. Memorandum from Community Development Director Ken Robertson dated May 19, 2009. Supplemental letter from Howard Longacre received on May 26, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6655, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP #67594 FOR THE SUBDIVISION OF A EIGHT -UNIT CONDOMINIUM, LOCATED AT 731- 745 TWENTY-FIRST STREET LEGALLY DESCRIBED AS LOTS 20. 21 AND 22, HERMOSA VIEW TRACT NO. 1." (k) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH S & S FACILITY MANAGEMENT TO PROVIDE JANITORIAL SERVICES FOR THE CONTRACT AMOUNT OF $8,917 PER MONTH FOR THE TIME PERIOD OF MAY 1, 2009 TO DECEMBER 31, 2009. Action: To authorize the Mayor to execute a contract with S & S Facility Management to provide janitorial services for the contract amount of $8,917 per month for the time period of May 1, 2009 to December 31, 2009. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c) and (e) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. REQUEST TO RENEW EXCLUSIVE TAXICAB FRANCHISE AGREEMENT. Memorandum from Police Chief Greg Savelli dated May 19, 2009. Police Chief Savelli presented the staff report and responded to Council • questions. City Council Minutes 5-26-09 Page 12671 • • Coming forward to address the Council on this item was: Roger Bacon — Ralphs Shopping Center, said he spoke to Chef Savelli about all the cabs that park in his lot taking up customer spaces; said some drivers sleep in their taxis and should find another place to park. Action: To authorize the City Manager to renew a Taxicab Franchise Agreement with South Bay Yellow Cab of Gardena, Bell Cab Company of Hawthorne, United Independent Taxi Drivers, Inc. of Los Angeles, and All Yellow Taxi of Los Angeles. Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Reviczky. b. REVIEW OF "ALCOHOL-RELATED" EVENTS. Memorandum from Community Resources Director Lisa Lynn and Police Chief Greg Savelli dated May 12, 2009. Supplemental letter from Howard Longacre received on May 26, 2009. Police Chief Savelli presented the staff report and responded to Council questions. Community Resources Director Lynn and City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Roger Bacon — Ralphs Shopping Center, expressed concern for the City's liability during these events; said the Ironman event did not set a good example for the children of the City. Action: To direct staff to return with an ordinance similar to Manhattan Beach's to allow alcohol consumption on the beach for summer concerts. Motion Bobko, second Keegan. The motion carried, noting the dissenting vote of Reviczky. Further Action: To direct staff to try to find a more family-oriented band for the New Year's celebration, at the current rate, with all laws to be enforced. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote of Keegan. Final Action: To receive and file the report on the Ironman event. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. BUSINESS LICENSE TAX COMMITTEE. Memorandum from City Manager Stephen Burrell dated May 21, 2009. IICity Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 5-26-09 Page 12672 • Coming forward to address the Council on this item were: George Barks — Redondo Beach, said the subcommittee was a good idea but it should include a representative from the City's business community, and suggested Andrea Jacobson from Jama Auto Sales, Randy Fortunato from the Bottle Inn, or Will Silva from the BMW dealership; said if there is a business license tax increase, some businesses already on the brink of closing will be forced to do so; and Roger Bacon — Ralphs Shopping Center, spoke of the sales tax provided by auto dealerships, which are gone; said a higher business license tax would not encourage new businesses or help existing struggling ones. Action: To replace Councilmember DiVirgilio with Councilmember Tucker on the business license tax subcommittee and schedule a meeting soon. Motion DiVirgilio, second Keegan. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. APPOINTMENTS TO THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated May 21, 2009. Councilmember Reviczky recused himself from participating in the item • because he was not present for the interviews. • City Clerk Doerfling presented the staff report. Action: By consensus, with the abstention of Councilmember Reviczky, the City Council appointed George Schmeltzer and Carol Russell to fill the two expiring terms on the Emergency Preparedness Advisory Commission for four-year terms ending May 31, 2013. 9. OTHER MATTERS - CITY COUNCIL — None ANNOUNCEMENT IN OPEN SESSION OF THE ITEMS TO BE DISCUSSED IN THE CLOSED SESSION (THAT WAS ADDED TO THE AGENDA EARLIER IN THIS EVENING'S MEETING) AS FOLLOWS: 1. 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. a. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Macpherson OH v. City of Hermosa Beach BC172546 City Council Minutes 5-26-09 Page 12673 • b. Anticipated Litigation: Government Code Section 54956.9(b) • • Number of potential cases: 1 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 26, 2009, at the hour of 8:37 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 8:45 p.m. At the hour of 10:15 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Gary Mallette, on Tuesday, May 26, 2009, at the hour of 10:16 p.m. to the Regular Meeting on Thursday, June 9, 2009, at 6:00 p.m. 6-0 Deputy City Clerk City Council Minutes 5-26-09 Page 12674 III MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 9, 2009, at the hour of 6:04 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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. APPROVAL OF MINUTES: a. Closed Session meeting held on April 28, 2009; b. Closed Session meeting held on May 12, 2009; and c. Closed Session meeting held on May 26, 2009. 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(a) a. Name of Case: Osekowsky v. City of Hermosa Beach Case Number: YC057337 b. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 City Council Minutes 6-9-09 Page 12675 II ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 9, 2009, at the hour of 6:05 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 7:15 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:22 p.m. PLEDGE OF ALLEGIANCE — Gregory Breen, Hermosa Beach School Board CLOSED SESSION REPORT — City Attorney Jenkins reported that there were no public comments or reportable actions taken at this evening's closed session. ANNOUNCEMENTS — Councilmember Tucker spoke of the 6th Annual Art Walk on Saturday and Sunday, June 13-14, on the Community Center Lawn with music and more than 85 artists. He then reported that he and City Manager Burrell went to Sacramento to speak to Assemblyman Ted Liu and State Senator Jenny Oropeza about the State budget crisis, noting the State's proposal to take 8% of the property tax received by the City and all of the gas tax which helps maintain streets, and asked residents to contact the State legislators or go online at www.saveyourcity.net to voice their objections due to the effect it would have on the City's budget. Mayor Bobko spoke of a Mayors' Executive Conference he attended in San Diego two weeks ago, primarily focusing on the State's funding problems, noted the percentage breakdowns for State revenue sources and expenditures, and the need to carefully examine employee retirement benefits. PROCLAMATIONS / PRESENTATIONS PRESENTATION TO ART RUTHERFORD EMERGENCY PREPAREDNESS ADVISORY COMMISSION JUNE 2007 — JUNE 2009 Mayor Bobko presented a City plaque to Art Rutherford for his service on the commission. Mr. Rutherford thanked the City for the recognition and said he hoped some day to be back again contributing to this commission. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one supplemental written communication received: (a) Letter from Howard Longacre received June 8 regarding signs in City IIHall parking lot and City Council email addresses. No one came forward to speak on this letter. City Council Minutes 6-9-09 Page 12676 • Action: To receive and file the letter. • Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Tracy Hopkins — Hermosa Emergency Preparedness Advisory Commissioner and co-founder/co-coordinator of Hermosa's Neighborhood Watch, spoke of a link on the City's website home page for a Pulse Survey and asked residents to participate to assess how prepared Hermosa is as a community, or contact her at tracysafehermosabeach.com; and Tim Beck — Heal the Harbor, Manhattan Beach, said the Council could attract more tourists and increase City revenue by setting aside part of the beach to accommodate Europeans accustomed to an even tan. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2 (g) Reviczky . Motion Tucker, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Regular meeting held on April 28, 2009; and (2) Special meeting held on May 12, 2009. Action: To approve, as presented, the City Council minutes of the Regular meeting of April 28, 2009, and the Special meeting of May 12, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55881 THROUGH 56071, AND TO APPROVE THE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 56048 and 55684, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 4, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 4, 2009. City Council Minutes 6-9-09 Page 12677 • (e) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE MEMORANDUM OF AGREEMENT WITH LOS ANGELES COUNTY WHICH CLARIFIES THE RESPONSIBILITIES OF THE CITY AND COUNTY REGARDING CIP NO. 07-420 HERMOSA STRAND INFILTRATION PROJECT. Memorandum from Public Works Director Richard Morgan dated June 2, 2009. • • (f) (g) Action: To authorize the Mayor to execute the Memorandum of Agreement with Los Angeles County which clarifies the responsibilities of the City and County regarding CIP No. 07-420 Hermosa Strand Infiltration Project, as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION APPOINTING A DELEGATE, ALTERNATE AND SUBSTITUTE ALTERNATE TO REPRESENT THE CITY ON THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA). Memorandum from City Clerk Elaine Doerfling dated June 2, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6656, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A DELEGATE, ALTERNATE AND SUBSTITUTE ALTERNATE TO SERVE AS THE CITY'S REPRESENTATIVE ON THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)." RECOMMENDATION TO RECEIVE AND FILE THE REPORT FROM CITY TREASURER JOHN WORKMAN REGARDING HIS ATTENDANCE AT THE CALIFORNIA MUNICIPAL TREASURER'S CONFERENCE, APRIL 21-25, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to highlight that City Treasurer John Workman attended this conference at his own expense. Action: To receive and file the report from City Treasurer John Workman regarding his attendance at the California Municipal Treasurer's Conference, April 21-25, 2009. Motion Reviczky, second Mayor Bobko. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE AWARD OF BID FOR THE REIMBURSABLE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA) AND RELATED EQUIPMENT TO ALL-STAR FIRE EQUIPMENT. Memorandum from Fire Chief David Lantzer dated June 4, 2009. City Council Minutes 6-9-09 Page 12678 • • • Action: To approve the award of bid for the reimbursable purchase of self- contained breathing apparatus (SCBA) and related equipment to All-Star Fire Equipment, as recommended by staff. At 7:45 p.m. the order of the agenda was suspended to hear public hearings 5 (a), (b) and (c). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(g) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. 2009-2010 BUDGET AND CAPITAL IMPROVEMENT PROGRAM (1) ADOPTION OF 2009-2010 BUDGET. Memorandum from Finance Director Viki Copeland dated June 4, 2009. Supplemental letter from Howard Longacre received June 8, 2009. Supplemental letters from Hermosa Beach School District and Hermosa Beach Firefighters Association President Brian Grebbien received on June 9, 2009. Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 7:52 p.m. Coming forward to address the Council on this item were: Dr. Bruce Newlin — Superintendent of Hermosa Beach Schools, referred to the letter he sent to the City asking for financial assistance; said it was a bad year for State -funded agencies, especially schools, which were funded completely by the State; said he appreciated the past support from the City and from the community; in response to a Council query, said the district was asking for $223,000 to replace three teachers; George Barks — Hermosa property owner, submitted information; opposed a measure on the ballot to increase the Transient Occupancy Tax (TOT); said the City should promote a pro-business environment which would bring in more revenue rather than increasing the TOT or business license tax; said personnel accounted for 80% of the budget and urged significant reductions in salaries and benefits; suggested working with the other beach cities to consolidate police and fire to save money; Carla Merriman — Hermosa Beach Chamber of CommerceNisitors Bureau Executive Director, speaking on behalf of the City's hotel owners, City Council Minutes 6-9-09 Page 12679 • • urged the Council not to put a measure on the ballot to increase the TOT; said occupancy was down and the hotel owners believed an increase to 12% would make it worse; said people staying in hotels also spend money at other City businesses, so the entire business community would be impacted by fewer hotel guests; Joy Kennelly — agreed with the previous speaker; asked the status of enforcing illegal short-term home rentals because those took business from the hotels; Kevin McCarthy — Beach House General Manager and Chamber Board Chairman, opposed a ballot measure to increase the TOT; said his occupancy rate was down 24%; said business should be encouraged, which in turn would bring in more revenue to the City; said corporate customers in particular are aware of the TOT amount; Carla Mack — Hotel Hermosa, opposed a TOT increase on the ballot; said occupancy was down 35-40% and they have lowered their room rates by 35%; said more people than in the past ask the tax rate when making reservations; Ray Chen — Holiday Inn Owner/General Manager, said it was not a good time to increase the TOT; said they would lose corporate accounts from large companies in the South Bay that currently find the 10% TOT preferable to 12% in neighboring cities; Mahesh Patil — Hampton Inn General Manager, said his occupancy rate is down 30% and he has lowered his rates; said he was still struggling although customers found Hermosa's 10% tax preferable to the higher TOT rates in nearby cities; Amish Defai — Grandview Inn General Manager, agreed that the current 10% TOT attracts and encourages visitors to stay in Hermosa Beach rather than in cities with a 12% TOT; and Roger Bacon — Ralph's Shopping Center, urged the Council to maintain the current 10% TOT rate to allow Hermosa Beach hotels to retain their competitive edge over cities with a higher TOT rate, especially during the current recession. The public hearing was closed at 8:20 p.m. Action: To approve the staff recommendation to adopt Resolution No. 09- 6657, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2009-2010." Motion Keegan, second Tucker. The motion carried by a unanimous vote. Further Action: To receive and file the report adjusting the Park and Recreation Facilities Tax for the cost of living, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. • Final Action: To approve contracts for services budgeted in the 2009-2010 Budget, as recommended by staff. City Council Minutes 6-9-09 Page 12680 • • • By Council consensus, Mayor Bobko directed that the School District's request for financial assistance be postponed until after the State adopts its budget and the School Board negotiations with its union have taken place. Proposed Action: To adopt the draft resolution to put a measure to increase the Transient Occupancy Tax on the November 2009 ballot. Motion Reviczky, second Keegan. The motion, which required a 4/5 vote for approval, failed due to the dissenting votes of DiVirgilio and Mayor Bobko. The meeting recessed at 8:48 p.m. The meeting reconvened at 8:58 p.m. (2) ADOPTION OF 2009-2010 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated May 27, 2009. Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 9:00 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:00 p.m. Action: To approve the staff recommendation to adopt Resolution No. 09- 6658, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2009-2010." Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. b. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2009-2010 FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010. Memorandum from Public Works Director Richard Morgan dated May 26, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. The public hearing opened at 9:01 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:01 p.m. Action: To approve the staff recommendation to adopt Resolution No. 09- 6659, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2009, AND ENEDING JUNE 30, 2010, IN City Council Minutes 6-9-09 Page 12681 • • CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2009-2010." Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PRESENTATION BY GAUTAM DUTTA OF THE NEW AMERICA FOUNDATION REGARDING THE RANKED VOTING PROCESS. Memorandum from City Manager Stephen Burrell dated June 4, 2009. Supplement Information (Assembly Bill 1121 and Bill Analysis) received from Mayor pro tem DiVirgilio on June 9, 2009. City Manager Burrell presented the staff report and responded to Council questions. City Clerk Doerfling also responded to Council questions. Coming forward to address the Council on this item was: Gautam Dutta - The New America Foundation, explained the advantages of the ranked voting process and how the City could show support of the concept without committing itself to its implementation. Proposed Action: To direct staff to write a letter of support for the bill but not commit to anything further. Motion DiVirgilio, second Mayor Bobko. The motion was withdrawn Action: To continue the item to the next meeting to allow time for Council members to study the bill. Motion Keegan, second Mayor Bobko. The motion carried by a unanimous vote. b. REVIEW OF PUBLIC SAFETY PREPARATIONS FOR THE 4TH OF JULY HOLIDAY. Memorandum from Police Chief Greg Savelli. Chief Savelli presented the staff report and responded to Council questions. Action: To receive and file the report. Motion Keegan, second Tucker. The motion carried by a unanimous vote. c. AN ORDINANCE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE BEACH IN CONNECTION WITH CITY EVENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated June 4, 2009. Supplemental letter form Howard Longacre received June 8. Supplemental emails from Joy Kennelly and Marianne Wibberley received June 9. • City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. City Council Minutes 6-9-09 Page 12682 • Coming forward to address the Council on this item were: Roger Bacon — Ralph's Shopping Center, expressed concern about safety hazards of broken bottles hidden in the sand and the complications of allowing alcohol at beach concerts versus alcohol during unsanctioned beach events, the Ironman and beach volleyball tournaments; said the City could be liable if liquor was allowed and contributed to an injury; Jeff Duclos — Hermosa Beach, expressed disappointment that the City would consider legalizing alcohol on the beach for any reason; said the way the ordinance read it would not be only for the concerts on the beach but any event held on the beach; and Joy Kennelly — said most residents oppose alcohol on the beach for any reason; said this ordinance would increase the City's liability. Action: To direct Community Resources to suggest ways to use signage and other communication means to educate the public that alcohol beverages may not be consumed on the beach at any time, including sunset concerts. Motion DiVirgilio, second Mayor Bobko. The motion carried, noting the dissenting votes of Keegan and Reviczky. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL III a. VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT INTERVIEWS FOR PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated June 3, 2009. • City Clerk Doerfling presented the staff report and responded to Council questions. Action: Council consensus was to schedule a meeting at 6:30 p.m. prior to the regular meeting of June 23, 2009, for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Advisory Commission, with appointments to follow at the regular City Council meeting. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 9, 2009, at the hour of 10:02 p.m. to the Adjourned Regular Meeting on Tuesday, June 23, 2009 at 6:30 p.m. ct6itiu,_ ,,el,w CDeputy City Clerk City Council Minutes 6-9-09 Page 12683 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, June 23, 2009, at the hour of 6:30 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky Tucker. Mayor Bobko Absent: None INTERVIEWS OF PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Melinda Curtis Don DeMaderios Jessica Guheen Jani Lange Jeff Maxwell Bill Sigler Applicants interviewed were advised that the Council would appoint members at the regular meeting later that evening. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 23, 2009, at the hour of 6:55 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. City Council Adjourned Minutes Ouo--a to puty City Clerk 06-23-09 Page 12684 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 23, 2009, at the hour of 7:08 p.m. • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PLEDGE OF ALLEGIANCE — Scott Gobble ANNOUNCEMENTS — Councilmember Tucker thanked those who supported the Art Walk; urged residents to park as dose to the curb as possible during the upcoming Independence Day holiday so emergency vehicles will have easier access. Councilmember Keegan announced a celebration for the Tenth Anniversary of the Skate Park on June 25 from 2-7 pm, and a Chamber of Commerce mixer at 5 p.m. the same day at Cafe Bugaloo, providing an opportunity to meet the new owners. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Lonqacre dated June 16, 2009 regarding transition to use of Council Chamber's television booth for meeting replays, play of changing civic announcement screens, and other uses of the City's dedicated channel as viewable by Time Warner cable and Verizon FIOS cable customers citywide. A supplemental addendum was received by Howard Longacre on June 18, 2009. City Manager Burrell responded to Council questions about the status of the City, rather than Time Warner, controlling replays of future City meetings. Action: To receive and file the letter. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. (b) Letter from Howard Lonqacre regarding agendizinq and adoption of resolutions. (This was a supplemental written communication received June 23, 2009) At Council's request, City Attorney Jenkins explained Brown Act requirements regarding descriptions of agenda items; said the entire resolution title did not have to be included on the agenda, and waiver of full reading did not apply to resolutions. • Action: To receive and file the letter. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. City Council Minutes 6-23-09 Page 12685 • Coming forward to address the Council at this time were: Scott Gobble — Southern California Edison, gave an update on Edison's environmental energy policies and upcoming improvements in the community; invited residents to an energy workshop on Thursday, June 25, at Edison's local office and said Edison was dedicated to providing ongoing educational information to the public; Ron Newman — Hermosa Beach businessman, said he learned from Wine Hound, a successful Santa Barbara business, that the City approved their locating in Hermosa Beach but their Alcohol and Beverage Control (ABC) license was protested by Hermosa resident Jim Lissner and, faced with a lengthy appeal process, they decided not to come to Hermosa; urged the Council to take a strong position to avoid losing other successful businesses like Wine Hound (City Manager Burrell said at the request of Wine Hound the City had written a letter to the ABC expressing approval of their opening a business here); Carla Merriman — Hermosa Beach Chamber of Commerce/Visitors Bureau Executive Direction, said the owners of the New Orleans Cafe tried to take advantage of the City's allowing restaurants closing at 10 p.m. to serve wine and beer but were also thwarted by a protest by Mr. Lissner and now faced a costly legal appeal; said the City needed to support businesses, especially in this bad economy; said the Chamber had supported the decision to raise parking rates from $1 per hour to $1.25 but the City of Manhattan Beach reversed its action when its business owners complained about their parking rate increase; said Hermosa businesses need competitive parking rates to encourage residents of neighboring cities to patronize its businesses (City Manager Burrell said the City takes whatever action it can in these appeal situations to help when the businesses ask for assistance); and Tim Beck — Heal the Harbor in Manhattan Beach, said he had been asking the Council for almost a year to establish a beach to provide European tourists an opportunity to get an even tan; said three Council seats would be available at the November 2009 election and encouraged residents to run for office to help make this type of beach a reality. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (f) Tucker, (g) Reviczky and (I) DiVirg ilio. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 12, 2009. • Action: To approve, as presented, the minutes of the Regular meeting held on May 12, 2009. City Council Minutes 6-23-09 Page 12686 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 55072 THROUGH 56226. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Supplemental letter from Howard Longacre received on May 26, 2009. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the May 2009 financial reports: (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated June 15, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of May 31, 2009. (f) RECOMMENDATION TO ADOPT RESOLUTION CHANGING THE HOURS FOR THE TWO-HOUR PARKING RESTRICTION IN FRONT OF CITY HALL FROM 7:00 A.M. TO 6:00 P.M. EVERYDAY TO 7:00 A.M. TO 9:00 P.M. MONDAY THROUGH THURSDAY THEREBY MAKING PARKING MORE AVAILABLE FOR EVENING PUBLIC MEETINGS; AND, PROVIDING ADDITIONAL PUBLIC PARKING FOR RESIDENTS AND BUSINESSES FRIDAY THROUGH SATURDAY. Memorandum from Public Works Director Richard Morgan dated June 9, 2009. Supplemental letter from Howard Longacre received on June 23. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions, noting that his staff would coordinate with street sweeping. City Manager Burrell also responded to Council questions. Action: To adopt Resolution No. 09-6665, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING 32 PARKING SPACES ADJACENT TO CITY HALL AS City Council Minutes 6-23-09 Page 12687 • (g) TWO-HOUR PARKING LIMIT BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 P.M., MONDAY THROUGH THURSDAY," amended to include all 32 spaces in the parking lot in front of City Hall, adding the 15 spaces on the east side to the initially proposed 17 spaces on the west side. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO ACCEPT DONATION OF $500.00 FROM BEACH MARKET, INC./CELINE DOUGLAS TO BE USED FOR THE K-9 PROGRAM; $1,600.00 FROM BETTE PARKIN TO BE USED FOR A MEMORIAL BENCH FOR ALICIA DURAN; AND, $1,000 FROM THE HERMOSA GARDEN CLUB TO BE USED FOR FUTURE RENOVATIONS OF THE CLARK BUILDING. Memorandum from Finance Director Viki Copeland dated June 15, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $500 from Beach Market, Inc./Celine Douglas to be used for the K-9 Program; - $1,600 from Bette Parkin to be used for a memorial bench for Alicia Duran; and $1,000 from the Hermosa Garden Club to be used for future renovations of the Clark Building. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. (h) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF FUNDS NEEDED TO OUTFIT THE 2009 FORD ESCAPE BEACH PATROL UNIT IN THE AMOUNT OF $2,140. Memorandum from Police Chief Greg Savelli dated June 16, 2009. (i) • Action: To authorize the appropriation of funds needed to outfit the 2009 Ford Escape beach patrol unit in the amount of $2,140, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM AND ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 2, 2009. Memorandum from Community Resources Director Lisa Lynn dated June 16, 2009. Action: To receive and file the memorandum and action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 2, 2009. City Council Minutes 6-23-09 Page 12688 (j) RECOMMENDATION TO ADOPT A RESOLUTION WHICH, CONSISTENT • WITH PAST POLICY, ESTABLISHES A 200 -WORD LIMIT AND REQUIRES CANDIDATES TO PAY ALL ASSOCIATED COSTS WITH REGARD TO CANDIDATE STATEMENTS FOR THE NOVEMBER 3, 2009 GENERAL MUNICIPAL ELECTION. Memorandum from City Clerk Elaine Doerfling dated June 16, 2009. • Action: To approve the staff recommendation to adopt Resolution No. 09- 6660, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009." (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 16, 2009. Action: To receive and file the action minutes of the Planning Commission meeting of June 16, 2009. (I) RECOMMENDATION TO APPROVE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION, PROFESSIONAL & ADMINISTRATIVE EMPLOYEES' GROUP, HERMOSA BEACH MANAGEMENT ASSOCIATION, HERMOSA BEACH POLICE MANAGEMENT ASSOCIATION, AND THE HERMOSA BEACH PROFESSIONAL ENGINEERS BARGAINING GROUP. Memorandum from City Manager Stephen Burrell dated June 16, 2009. Supplemental correction of Professional Engineers Employees Group 2009- 2010 MOU from Staff received June 23, 2009. • (m) This item was removed from the consent calendar by Mayor pro tem DiVirgilio for separate discussion later in the meeting in order to ask for a clarification of the supplemental to the Engineers Group MOU and to thank all bargaining groups for accepting no salary increases due to the current economic climate. City Manager Burrell responded to Council questions. Action: To approve Memoranda of Understanding between the City and the Hermosa Beach Police Officers Association, Professional & Administrative Employees' Group, Hermosa Beach Management Association, Hermosa Beach Police Management Association, and the Hermosa Beach Professional Engineers Bargaining Group, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO REJECT ALL BIDS FOR CIP NO. 08-425 SEWER REPAIRS — PALM DRIVE, AVIATION BOULEVARD, AND 35TH STREET AND AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS AND INVITE ALL City Council Minutes 6-23-09 Page 12689 • • • PREVIOUS PARTICIPATING BIDDERS TO RE -BID ON THE PROJECT. Memorandum from Public Works Director Richard Morgan dated June 16, 2009. Action: To reject all bids for CIP No. 08-425 Sewer Repairs — Palm Drive, Aviation Boulevard, and 35th Street, and authorize staff to re -advertise for bids and invite all previous participating bidders to re -bid on the project, as recommended by staff. At 7:42 p.m., the order of the agenda was suspended to hear public hearing item 5. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f), (g) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2009. Memorandum from City Manager Stephen Burrell dated June 9, 2009. Supplemental tax lien list received from Staff on June 23, 2009. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:43 p.m. Coming forward to address the Council on this item was. Sam Pena — Consolidated Disposal Services, said one person on the original list had paid in full so was removed from the list; questioned the fee amount specified in the resolution. The public hearing was closed at 7:45 p.m. Action: To approve the staff recommendation to: (1) Approve Consolidated Disposal Service's $25 administrative fee to be included as part of each property tax assessment; and (2) Approve the staff recommendation to adopt Resolution No. 09-6661, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes 6-23-09 Page 12690 • HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATED DISPOSAL SERVICE AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES (168.86 — HERMOSA BCH DEL REFUSE CDS)," with direction to staff to verify the fee amount specified in the resolution. Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2009. Memorandum from City Clerk Elaine Doerfling dated June 16, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. In light of the current economic situation, Council appreciation was expressed to City Clerk Doerfling for not requesting the extra salary usually furnished during election periods. • Action: To approve the staff recommendation to: • (1) Adopt Resolution No. 09-6662, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; (2) Adopt Resolution No. 09-6663, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESETING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, WITH THE UDEL AND SCHOOL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; and (3) Adopt Resolution No. 09-6664, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2009." Motion Reviczky, second Keegan. The motion carried by a unanimous vote. City Council Minutes 6-23-09 Page 12691 • • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD — MANUEL C. SERRANO, ASSISTANT VICE PRESIDENT OF CITIBANK. Memorandum from City Manager Stephen Burrell dated June 16, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To accept the nomination of Mr. Manuel C. Serrano, Assistant Vice President of Citibank, to be appointed to serve on the South Bay Workforce Investment Board as the representative of the Hermosa Beach private sector for a 4 -year term from July 1, 2009 through June 30, 2013, as recommended by staff. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. b. AB1121 (DAVIS) WHICH PROVIDES FOR CHOICE RANKED VOTING IN GENERAL CITIES. Memorandum from City Manager Stephen Burrell dated June 11, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To write a letter to members of the State Senate in support of AB1121 (Davis). Motion DiVirgilio, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Tucker. c. OFFSITE CITY COUNCIL MEETING. Memorandum from City Manager Stephen Burrell dated June 17, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to report back at the next meeting with additional cost information, including taped delay costs, associated with conducting the August 11 City Council meeting at Hermosa View School. Motion Mayor Bobko, second Keegan. The motion carried, noting the dissenting vote of Reviczky. d. CONSIDERATION OF ADDITIONAL AGENDA TOPICS FOR THE JOINT MEETING BETWEEN THE CITY COUNCIL, HERMOSA BEACH CITY SCHOOL DISTRICT BOARD OF TRUSTEES AND PROJECT FORWARD COMMITTEE TO BE HELD ON JUNE 30, 2009. Memorandum from City Manager Stephen Burrell dated June 18, 2009. City Council Minutes 6-23-09 Page 12692 City Manager Burrell presented the staff report and responded to Council • questions. • • Action: To direct staff to ensure that the presentation by the Project Forward Committee include financial spreadsheets large enough for television and video stream viewers to see, and that the information also be placed on the City's website Motion Bobko, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. APPOINTMENTS TO THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated June 17, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Council consensus was to appoint Bill Sigler, Jeff Maxwell and Don De Maderios to fill three expired terms on the Parks, Recreation and Community Resources Advisory Commission for four-year terms ending June 30, 2013. 9. OTHER MATTERS - CITY COUNCIL - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on June 9, 2009. 2. 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: Osekowsky v. City of Hermosa Beach Case Number: YC057337 b. Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 City Council Minutes 6-23-09 Page 12693 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the • City of Hermosa Beach adjourned on Tuesday, June 23, 2009, at the hour of 8:17 p.m. to a closed session. • • RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 8:23 p.m. At the hour of 8:37 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 23, 2009, at the hour of 8:38 p.m. to an Adjourned Regular meeting on June 30, 2009 at 7:00 p.m. for the purpose of conducting a joint meeting between the City Council, Hermosa Beach School District Board of Trustees and Project Forward Committee Deputy City Clerk City Council Minutes 6-23-09 Page 12694 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL •of the City of Hermosa Beach, California, held on Tuesday, June 30, 2009, at the hour of 7:10 p.m. ROLL CALL: Hermosa Beach City Council: Present: DiVirgilio, Keegan, Tucker, Mayor Bobko Absent: Reviczky Hermosa Beach School District Board of Trustees: Present: Greg Breen, Lisa Claypoole, Lance Widman, Barbara Zondiros Absent: Dr. Linda Beck Also present were Project Forward Committee members. PLEDGE OF ALLEGIANCE — Dr. Bruce Newlin, Superintendent of Schools ANNOUNCEMENTS — School Board Member Zondiros read a letter from Dr. Beck expressing her thoughts since she was unable to attend this evening's joint meeting. Mayor Bobko announced that certificates of appreciation would be presented at the end of the meeting. PUBLIC PARTICIPATION: None PRESENTATION OF PROJECT FORWARD COMMITTEE FINAL REPORT. Project Forward Committee Chair John Sandoval discussed the mandate that the Committee was given and the process they used to complete their work, expressing his appreciation for the public input. He then discussed the guiding principles they formulated as follows: (1) Transparency — The District and the City will conduct their business in a clear, open and transparent manner; (2) Communication — The District will establish and implement a clear and consistent communications policy; (3) Cooperation — The District will endeavor to collaborate with the City, community, local community organization, and nearby districts to share resources and programs; (4) Accountability — The District and City will be accountable for their actions; (5) Excellence in education — The District will offer a curriculum that will create well-rounded life-long learners; (6) Performance — The District will go beyond the mandated methods to evaluate the students' performance during and after they leave the District; (7) Revenue development — The District will seek to develop new and stable revenue sources to complement revenue received from the State and Federal City Council Minutes 6-30-09 Page 12695 • Governments, the Hermosa Beach Education Foundation, and annual appeal and parent -teach organization; and (8) Efficiency — The District will make efficient and effective use of resources, facilities, human, financial and operational. School Board Member Breen asked each Project Forward Committee member to provide by email the discoveries they made while serving on the committee and suggested that it might be a good idea to have a Project Forward -type group as a means of engaging the community, with annual or bi-annual meetings. Project Forward Committee member George Schmeltzer said the school district budget format was very difficult and the State wanted everyone to use the same format, but it should be made easier to understand for the general public; suggested that a task force be established to redefine the mission and goals of the School District and to tie it to the budget; said it was important to keep the committee's report alive and moving forward. School Board Member Zondiros praised the Project Forward Committee members and hoped they would continue to be part of the school community. Councilmember Keegan asked if the committee addressed merging with Manhattan or Redondo School Districts; said it would be difficult for Hermosa residents to pass a parcel tax since only about 15% of them had children in the Hermosa schools. Project Forward Committee Chair Sandoval said they did not spend a lot of time discussing the parcel tax because their mandate was to think ahead, not look back; said they briefly discussed the concept of merging with another school district but believed City residents wanted to maintain their own school district. Kim Seacrest, school parent and fundraiser organizer of, said they had successful fundraisers but still six or seven line items were cut from the budget. Mayor Bobko suggested another joint City Council/School Board meeting to make sure the principles established by the Project Forward Committee are followed. Project Forward Chair Sandoval said even though the Project Forward Committee would dissolve, its members would be accountable to the community. Action: By consensus, a joint City Council and School Board meeting was scheduled for Thursday, January 28, 2010. School Board Member Widman expressed frustration that, despite the best efforts of the Project Forward Committee, there was still hostility between the City, the School Board and the residents because of the parcel tax and the gym. IICouncilmember Tucker said the work of the Project Forward Committee was a start and a base for further growth toward commonality; suggested that a report on the City Council Minutes 6-30-09 Page 12696 School District's activities be presented monthly at a Council meeting to reach out to • the entire community, not just the school parents. • Councilmember Keegan agreed the District should have contact with residents who do not have children in the schools; suggested giving school awards at Council meetings or giving tours of the schools to make known assets such as the gym and to better engage residents with the schools. School Board Member Claypoole said mandates given to the School Board through the work of the Project Forward Committee were worthwhile but difficult to achieve, but they would try to keep the goals in mind in the next two or three years; said even without a grant writer on their staff, they had been successful in obtaining some grants, which are very helpful revenue sources; said she would fight to keep an independent school district in Hermosa Beach. Councilmember DiVirgilio said the Project Forward Committee was aptly named in establishing goals for the future; said providing financial information that was easier to understand was a huge step in reaching out to the public. School Board Member Zondiros said they were committed to the guiding principles; said providing excellence in education was not easy but they would make sure excellence was maintained. Mayor Bobko said the fact that the three groups had this meeting was a good start; said state funding might not ever be the same and creative ideas might be required for a stable funding resource; reminded the Project Forward Committee Members that they were now school experts and hoped they would continue to remain a valuable resource for the schools and the residents. Project Forward Chair Sandoval read a statement from Committee Member Joe Marks, noting that the Committee had been charged with maintaining and improving the excellent schools, and the unbiased report submitted by the Committee met those objectives. Project Forward Committee Member Peter Barsak said he hoped Hermosa schools could remain independent but, with or without a merger, cooperation with the neighboring cities was vital, especially if the news from Sacramento becomes more dire; suggested that the District rent out the gym to bring in revenue; said it was important for the School District and the school parents to communicate in every way possible to make known the District's activities to the 85% of the residents who do not have children in Hermosa Beach schools. Project Forward Committee Member Lisa Newman said she helped write the budget summary and it was obvious that the schools did not have as much money for the coming year that they had for the previous year, and the goal has now became how to make up the difference. City Council Minutes 6-30-09 Page 12697 • • • Action: To dissolve the Project Forward Committee. Motion Mayor Bobko, second Councilmember Tucker. The motion carried by a unanimous vote. Before adjournment, members of the Project Forward Committee were presented with Certificates of Appreciation ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 30, 2009, at the hour of 8:29 p.m. to the Regular Meeting on Tuesday, July 14, 2009 at 6:00 p.m. v r v deputy City Clerk City Council Minutes 6-30-09 Page 12698 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Thursday, July 8, 2009, at the hour of 8:01 a.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Case Number: Macpherson v. City of Hermosa Beach BC172546 • ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday July 8, 2009, at the hour of 8:02 a.m., to a closed session. • RECONVENE TO OPEN SESSION — The Closed Session convened on Thursday, July 8, 2009, at the hour of 8:03 a.m. At the hour of 9:10 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, July 8, 2009, at the hour of 9:11 a.m. to the Regular Meeting of July 14, 2009 at 6:00 p.m. 6&a,:\ eo !Deputy City Clerk Special City Council Minutes 7-8-09 Page 12699 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of •Hermosa Beach, California, held on Tuesday, July 14, 2009, at the hour of 7:04 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PLEDGE OF ALLEGIANCE — Don Rhodes ANNOUNCEMENTS — Mayor Bobko reported on city bankruptcy discussions at the Independent Cities Association conference he attended with Councilmembers DiVirgilio and Keegan. Councilmember DiVirgilio said particularly interesting was a presentation regarding restructuring the State government by way of a Constitutional Convention. Mayor Bobko added that there had not been a Constitutional Convention since the 1880's but, due to the severity of the State's problems, it might actually happen. Councilmember Keegan said also at the conference Assembly Member Ted Lieu discussed AB155, which he voted against, requiring cities filing for bankruptcy to obtain approval from the State, adding time and expense to the process. He said it was being supported by fire and police departments, protecting their salaries and benefits from being renegotiated as a result of a city's bankruptcy. He encouraged all citizens to write to State Senator Jenny Oropeza urging her to oppose the bill when it comes to the Senate. Mayor Bobko added that this was a non-partisan issue about protecting cities, and he too encouraged voters to contact legislators to express their opposition. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one supplemental written communication received. (a) Letter from Fred Huebscher regarding the Macpherson Oil Project. Action: To receive and file the letter. Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: George Barks — Vice President of Hermosa Beach Sister Cities Association, invited the Council and the community to welcome the students and chaperones from Loreto, Mexico, by attending with them the sunset concert on the beach on Sunday, July 19; said there would also be a welcoming barbeque from 11 a.m. to 2 p.m. Wednesday, July 22, at City Council Minutes 7-14-09 Page 12700 • Valley Park and a farewell party at the Kiwanis Clubhouse on Saturday, July 25, from 7-11 p.m. Jeff Duclos — Hermosa Beach, spoke in support of the item raised by Councilmember Tucker in item 9(a) of this evening's agenda regarding term limits; said this issue had been voted down in 2001 but it was appropriate that it be put before the voters again. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) Reviczky, and (k) DiVirgilio. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) (2) (3) Adjourned Regular meeting held on May 21, 2009; Adjourned Regular meeting held on May 26, 2009; and Regular meeting held on May 26, 2009. Action: To approve, as presented, the City Council minutes of the Adjourned Regular meetings of May 21 and May 26, 2009, and the Regular meeting of May 26, 2009. • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 56227 • THROUGH 56486. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO ACCEPT DONATION OF $10,000 FROM CHEVRON PRODUCTS COMPANY TO BE USED FOR THE CHEVRON SURF CAMP ($3,258 TO BE USED FOR MATERIALS PURCHASED IN FY 08-09 AND $6,742 TO BE USED FOR EXPENDITURES IN FY 09-10); $50,000 FROM THELMA GREENWALD TO BE USED FOR COMMUNITY CENTER AND THEATRE IMPROVEMENTS ($10,000 TO BE USED IN FY 08-09 AND THE BALANCE TO BE ADDED TO THE EXISTING DESIGNATION); AND $250 FROM ETHAN WEITZ TO BE USED FOR FIRE DEPARTMENT PUBLIC EDUCATION SUPPLIES. Memorandum from Finance Director Viki Copeland dated July 6, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 7-14-09 Page 12701 • • Action: To accept the following donations: - $10,000 from Chevron Products Company to be used for the Chevron Surf Camp ($3,258 to be used for materials purchased in FY 08-09 and $6,742 to be used for expenditures in FY 09-10); - $50,000 from Thelma Greenwald to be used for Community Center and Theatre improvements ($10,000 to be used in FY 08-09 and the balance to be added to the existing designation); and $250 from Ethan Weitz to be used for Fire Department Public Education supplies. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. (e) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH KATHLEEN MCGOWEN TO PROVIDE GRANT ADMINISTRATION SERVICES AND REPORTING AS REQUIRED BY THE ARRA GRANT FUNDING AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD. Memorandum from Public Works Director Richard Morgan dated July 2, 2009. (f) (g) Action: To approve the staff recommendation to authorize the Mayor to execute the Professional Services Agreement in the amount of $33,000 with Kathleen McGowen to provide Grant Administration Services and Reporting as required by the ARRA Grant Funding Agreement with the State Water Resources Control Board. RECOMMENDATION TO ACCEPT THE WORK BY JOSEPH FASONE GBC, INC. FOR THE REMODEL OF SOUTH WING RESTROOMS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE FINAL RETENTION PAYMENT TO JOSEPH FASONE GBC, INC. AFTER COMPLETION OF ALL PUNCHLIST ITEMS, BUT NOT LESS THAN 30 DAYS AFTER THE NOTICE OF COMPLETION HAS BEEN RECORDED. Memorandum from Public Works Director Richard Morgan dated July 1, 2009. Action: To approve the staff recommendation to: (1) Accept the work by Joseph Fasone GBC, Inc. for the Remodel of South Wing Restrooms; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release final retention payment to Joseph Fasone GBC, Inc. after completion of all punchlist items, but not less than 30 days after the Notice of Completion has been recorded. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated June 30, 2009. City Council Minutes 7-14-09 Page 12702 • Claimant: Baron-Vartian, Greg Date of Loss: 01-31-09 Date Filed: 06-30-09 Allegation: Personal Injury Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JUNE 1, 2009. (i) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of June 1, 2009. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated July 8, 2009. Action: To receive and file report of Customer Service Surveys/Complaints. (j) RECOMMENDATION TO CONFIRM A JOINT MEETING WITH THE HERMOSA BEACH CITY SCHOOL DISTRICT BOARD OF TRUSTEES FOR THURSDAY, JANUARY 28, 2010 AT 7:00 P.M. Memorandum from City Manager Stephen Burrell dated July 8, 2009. Action: To confirm a joint meeting with the Hermosa Beach City School District Board of Trustees for Thursday, January 28, 2010 at 7:00 p.m. (k) RECOMMENDATION TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CALIFORNIA TEAMSTER PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES' UNION LOCAL 911. Memorandum from City Manager Stephen Burrell dated July 7, 2009. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting in order to thank the Teamsters Union Local 911 for agreeing to be the sixth of seven groups to accept no increase in salary or benefits during this difficult economic period and asked the status of the last bargaining group. City Manager Burrell responded to Council questions. Several Council members expressed appreciation to the City Manager for taking on the task of union negotiations in the absence of a Personnel Manager, adding to his regular duties and the time-consuming tasks of managing the Macpherson lawsuit. City Council Minutes 7-14-09 Page 12703 • (1) Action: To approve the Memorandum of Understanding between the City and the California Teamster Public, Professional and Medical Employees' Union Local 911. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE HERMOSA BEACH HISTORICAL SOCIETY TO ADD A STORAGE AREA OF 144 SQUARE FEET TO THE LEASED SPACE. Memorandum from City Manager Stephen Burrell dated July 7, 2009. Action: To approve an amendment to the lease agreement with the Hermosa Beach Historical Society to add a storage area of 144 square feet to the leased space. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. REPORT FROM SUB -COMMITTEE ON PROPOSAL TO CONSIDER SUBMITTING A MEASURE TO THE VOTERS ON THE NOVEMBER MUNICIPAL ELECTION BALLOT TO INCREASE THE BUSINESS LICENSE TAX AND SIMPLIFY THE TAX STRUCTURE. Memorandum from Finance Director Viki Copeland dated July 7, 2009. Supplemental email from Pete Kesterson, Beach Cities Republican Club president, and supplemental letter from Howard Longacre, both received July 13, 2009. Supplemental email from Nancy Park received July 14, 2009. Finance director Copeland presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: George Barks — Redondo Beach resident and Hermosa Beach business owner, urged the Council not to put the increase on the ballot; said most businesses were already struggling and this would make their situation worse; said the City needed to cut expenses; City Council Minutes 7-14-09 Page 12704 • • John Stamerite — San Pedro, said by putting this measure before voters, the Council would not be taking a neutral position but instead would be supporting the concept and asking the voters to trust them; Peter Kesterson — Redondo Beach, said the Council had recently adopted a balanced budget, so it was not necessary to increase taxes; opposed the proposed plan because of inconsistencies; said raising taxes did not necessarily mean increased revenue; Arthur Huord — Torrance, said putting a tax increase on local businesses during this economic crisis would not provide the revenue expected because of their decreased business, and would make their struggle to stay in business harder; said the Council needed to take a leadership role to assistant the business community; Roger Bacon — Ralphs Shopping Center, opposed the proposed business license tax increase, saying it would drive businesses out of town; showed a chart of the salaries of the highest paid City employees and discussed car allowances provided to some; said the City needed to support business; Karen (no last name given) — Torrance, said government had become power hungry and should cut expenses, such as employee salaries and pensions, rather than increase taxes; Nathan Medzer — Redondo Beach, said the City's budget is balanced, so no need for tax increases; said the City should support its businesses; said vacant commercial buildings cause blighted conditions and ultimately bring down home values; Lars Jacobson — Jama Autohaus, in business in Hermosa for 26 years, said he has talked to over 30 businesses in town who are barely surviving; said the City needed to create conditions to help businesses stay in town and encourage new ones to locate here; Scott (no last name given) — El Polio Inca, said he had been in business for 18 years but this increase would put him out of business; said the City needed to find another way to increase revenue; Jan Weisenheimer — Manhattan Beach, said she has seen a difference in her travel business, indicating that people were moving to states that are friendlier to business and have less regulations; Eugene McCarthy — Palos Verdes Estates, said he occasionally shops in Hermosa and has seen closed businesses; said the City should balance its budget just like households do, and perhaps it was time to look at employee salaries and benefits; said as a retired Fire Captain, it would be worthwhile to consolidate fire departments with neighboring cities; urged the Council to be fair to businesses that serve citizens; Gary Eban — Redondo Beach, said if the City was going to ask for a tax increase, the process should be fair and easy to understand, not the complicated method described in the staff report; agreed the beach cities should consolidate their fire departments; said the Council should make Hermosa a business -friendly town and not put this increase on the ballot because it would indicate the Council is advocating the increase; City Council Minutes 7-14-09 Page 12705 • • Ken Gerbner — Manhattan Beach, said he had businesses in El Segundo and Redondo Beach and wanted to lend his support to Hermosa businesses by speaking in opposition to the increase; said maybe it would be appropriate in a year or two when the economy improves; Andrea Jacobson — Jama Autohaus, said she was frustrated by the City's lack of interest in having someone from the business community on the subcommittee; said the proposed plan is very complicated with 100 categories and 19 pages of schedules; said they would have to pass the cost on to their customers; also opposed the landlord tax because that would be passed on to the businesses; said the City should look carefully at employee salaries, benefits, overtime and car allowances; David Wagner — Long Beach, said the proposal was too complicated, that there should be a flat tax instead of one based on gross receipts; said members of the business community agreed to help develop a plan and the City should accept their offer; Bob Catalan- Hermosa Beach, auto repair businessman since 1974, said he recently lost three 10 -year customers who were forced to leave the area because they lost their jobs; said other businesses suffer likewise when customers are forced to move away; said he has cut costs but respects his competition and does not want to undercut them; Bob Hoffman — Hermosa Beach resident for 30 years and businessman for 26 years, agreed with a reduction of the City's payroll because some employees were earning more than his business grosses; Barbara Ellman — Hermosa Beach, said she tries to watch City meetings, shop in town, and participate in the community; thought most citizens would simply trust the Council if this goes on the ballot; said most cities are cutting salaries; Carla Merriman — Hermosa Beach Chamber of CommerceNisitors Bureau Executive Director, said the business community is disappointed in the proposal and the fact that they had no representative participating in its development; gave information on local bankruptcies and business closures, some of which were Hermosa Beach institutions; said these business owners and their employees do not have pensions, paid medical insurance or car allowances; suggested the City make cuts in programs or benefits and make an effort to keep businesses in town; urged the Council not to put this increase on the ballot; Gus Barks — Redondo Beach, said his family had lived in Hermosa Beach since 1938 and he had attended Hermosa schools, said it was not the time for the City to add an extra financial burden to its businesses; Jeff Duclos — Hermosa Beach, said this business license tax restructuring was too complicated and should have been accomplished by a simple incremental approach with the participation of business community representatives; said businesses should not be burdened when City senior staff members appear unwilling to give up anything; suggested the City institute staff furlough days; and Hakam Wiberq — Hermosa Beach businessman, said instead of increasing the business license tax, the City should be trying to bring in more City Council Minutes 7-14-09 Page 12706 • • • businesses; said the proposed increase would drive current business out of the area. Action: To receive and file the report and, after the November 2009 election, to form a Council subcommittee to develop a measure for the 2011 ballot to amend the current business license fee structure. Motion Keegan, second Reviczky. The motion carried, noting the dissenting votes of DiVirgilio and Mayor Bobko. The meeting recessed at 9:17 p.m. The meeting reconvened at 9:29 p.m. b. CONSIDERATION OF RESOLUTION TO URGE THE CALIFORNIA WATER SERVICE COMPANY TO SEEK AND OBTAIN FUNDING FROM "FIRST 5 LA" FOR THE INSTALLATION OF FLUORIDATION TREATMENT FACILITIES. Memorandum from City Manager Stephen Burrell dated July 7, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Don Rhodes — First 5 LA, discussed the history of fluoridation of water since 1945; described the benefits and distributed booklets to the Council; said California Water Service needed municipal approval to seek funding from his organization; George Barks — Redondo Beach, said the cancer risks of fluoride outweigh the benefits; asked the Council to continue discussion of this item until those risks could be explored; and Don Rhodes — (in rebuttal) referred to the American Dental Association booklet he distributed to the Council, which showed the organizations supporting the benefits of fluoride. Proposed Action: To receive and file the report. Motion DiVirgilio. This motion died for lack of a second. Proposed Action: To continue the item to allow time to study the health benefits and risks of fluoride. Motion Tucker. The motion died for lack of a second. Action: To direct staff to bring the issue back at a future meeting, with all available information on the subject for Council review. Motion Keegan, second Mayor Bobko. The motion carried, noting the dissenting vote of DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes 7-14-09 Page 12707 • • a. VIEWER INFORMATION FROM THE GRANICUS SYSTEM FOR THE PAST 12 MONTHS AND E -NEWSLETTER SUBSCRIBER INFORMATION. Memorandum from City Manager Stephen Burrell dated July 7, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the viewer/subscriber information. Motion Mayor Bobko, second DiVirgilio. The motion carried by a unanimous vote. b. RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS. Memorandum from City Manager Stephen Burrell dated July 8, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 09- 6666, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINENANCE FUNDS." Motion Keegan, second Tucker. The motion carried by a unanimous vote. c. AUGUST 11, 2009 CITY COUNCIL MEETING AT HERMOSA VIEW SCHOOL, 1800 PROSPECT AVENUE, IN THE MULTIPURPOSE ROOM. Memorandum from City Manager Stephen Burrell dated July 8, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To schedule the City Council meeting of August 11, 2009, in the multipurpose room at Hermosa View School with a tape -delay showing of the meeting. Motion Mayor Bobko, second DiVirgilio. The motion carried, noting the dissenting votes of Reviczky and Keegan. d. CITY COUNCIL DIRECTIVES FROM CITY COUNCIL MEETINGS. Memorandum from City Manager Stephen Burrell dated July 7, 2009. City Council Minutes 7-14-09 Page 12708 • • City Manager Burrell presented the staff report and responded to Council questions. Action: To review and accept the report; noting that this will be updated for each City Council meeting. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated June 23, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to designate Councilmember Tucker as the voting delegate and Councilmember Reviczky as the alternate for the League of California Cities Annual Conference. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Bobko to schedule a short presentation on the simplified budget format developed by the Project Forward Committee at the July 24, 2009 meeting. Action: By Council consensus, staff was directed to schedule the Project Forward Commission presentation at the August 11 offsite Council meeting instead of the July 24 Council meeting. b. Request from Councilmember Tucker to consider a three -term limit for Council members measure on the November ballot. Councilmember Tucker spoke to his request but there was no support for further consideration. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, July 14, 2009, at the hour of 10:07 p.m. to an Adjourned Regular Meeting on Thursday, July 23, 2009 at 8:00 a.m., for the purpose of conducting a closed session. City Clerk City Council Minutes Deputy City Clerk 7-14-09 Page 12709 MINUTES OF THE ADJOURNED SPECIAL MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Thursday, July 23, 2009, at the hour of 8:06 a.m. • ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: Keegan (arrived at 8:11 a.m.) PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Case Number: Macpherson v. City of Hermosa Beach BCI 72546 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday July 8, 2009, at the hour of 8:07 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Thursday, July 8, 2009, at the hour of 8:08 a.m. At the hour of 9:42 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, July 8, 2009, at the hour of 9:43 a.m. to the Regular Meeting of July 14, 2009 at 6:00 p.m. De % uty City Clerk Adjourned Special City Council Minutes 7-23-09 Page 12710 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 28, 2009, at the hour of 7:05 p.m. ROLL CALL. Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None PLEDGE OF ALLEGIANCE — Jen Aldo CLOSED SESSION REPORT — Meeting Canceled EXPLANATION OF COUNCILMEMBER KEEGAN'S TELECONFERENCING FROM MICHIGAN City Manager Burrell said pursuant to Government Code Section 54953(b), Councilmember Keegan would participate this evening by teleconference from 79859 Fernwood Drive, Covert, MI. ADDITION OF ITEM 7A TO THE AGENDA City Manager Burrell asked that an item be added to the agenda regarding the Sunset Beach Concert of Sunday, July 26. • City Attorney Jenkins said the item could be added with a 4/5 vote of the Council and the need to add the item came after the agenda was posted and required action prior to the next concert on Sunday, August 2. Action: To add, as agenda item 7(a), a discussion of the Sunset Beach Concert held Sunday, July 26, based on the findings that the issue arose after the posting of the agenda and required immediate action. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. ANNOUNCEMENTS — Councilmember Tucker said he would be unable to attend the August 11 City Council meeting at Hermosa View School since on August 12, he and the City Attorney would attend a California Coastal Commission meeting in San Diego at which the Commission would listen to the concerns of coastal cities. City Attorney Jenkins added that he would be acting as co-chair of a Coastal Cities Group and that someone from his office would attend the August 11 Council meeting in his place. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS SI. There was one supplemental written communication received. City Council Minutes 7-28-09 Page 12711 • (a) Letter from Fred Huebscher dated July 22, 2009 regarding Hermosa Beach Municipal Code Section 2.08.020 Campaign contribution limitations. Coming forward to speak on this letter were: Fred Huebscher — Hermosa Beach, said the City's campaign ordinance made no mention of campaign donations from Political Action Committees, (PACs) corporations and businesses which made him believe the $250 limit did not apply and unlimited contributions could be received from these entities; suggested the municipal code be changed; Jeff Duclos — Hermosa Beach, said it would be more appropriate to discuss this issue after the election, not during the current election cycle; said if this became a City Council agenda item, any current Councilmember seeking re-election would have to recuse himself from hearing or voting on the item. City Attorney Jenkins commented on the topic. Action: To receive and file the letter. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Robert Aronoff — Hermosa Beach, asked that consent calendar item 2(h) be removed for separate discussion; Jeff Duclos — Hermosa Beach, also asked that 2(h) be removed; George Nelsen — Torrance, announced to the City Council his engagement to Deputy City Clerk Jackie Drasco, present at this evening's meeting, and thanked them for the opportunity to share his happy news; said the wedding would take place on August 22; Fred Huebscher — Hermosa Beach, asked to have item 2(j) removed from the consent calendar for separate discussion; Lou Grant — Hermosa Beach, said the noticing for public hearing item 5(b) regarding Hermosa Beach Pavilion parking did not include all of the addresses that would be affected by a change; asked the Council to considering removing the item from the agenda; Craig Greely — Hermosa Beach, said he and his family were concerned about the lack of State funding for the Hermosa schools and the elimination of programs and hoped to assist by capturing funding and providing an afterschool program at the Hermosa Beach Playhouse for classes to teach production of full-scale musicals, short films and film festivals, painting, visual arts, animation, acting and music; Jen Aldo and Lori Baker — Hermosa Beach, invited the community to support the first annual Firefighters Charity Casino Night benefitting various local organizations; Dave Williams — AVP Volleyball, announced the Hermosa Beach Open next weekend, said shuttle passengers from Mira Costa High School would now be dropped off near Bard and Pier to support businesses on City Council Minutes 7-28-09 Page 12712 • • upper Pier Avenue and to lessen congestion at Hermosa Avenue; said they would charge $5 on Friday instead of the usual $20 because of the bad economy; said they would not have a band this year but wanted to resume that in the future; said the event would be televised nationally on NBC; and George Barks — Hermosa Beach Sister City Association, presented to the City a shell sculpted from a rock, a gift from Loreto, Hermosa's sister city in Mexico; said their student exchange program was successful once again and thanked the Council for its support through the years; said past gifts from Loreto were on display at the Historical Museum and suggested exhibiting some gifts at City Hall as well, rotating them from time to time. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(h) (j) and (I) Tucker, 2(k) Mayor Bobko. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING CITY COUNCIL MINUTES FROM CITY CLERK ELAINE DOERFLING DATED JULY 22, 2009. Action: To receive and file memorandum regarding City Council minutes from City Clerk Elaine Doerfling dated July 22, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 56467 THROUGH 56647. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. • Action: To receive and file the June 2009 financial reports. City Council Minutes 7-28-09 Page 12713 (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS • REPORT. Memorandum from Public Works Director Richard Morgan dated July 20, 2009. • • (f) (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of June 30, 2009 RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 15, 2009. Action: To receive and file the action minutes of the Public Works Commission meeting of July 15, 2009. RECOMMENDATION TO RECEIVE AND FILE THE MINUTES OF THE GREEN TASK FORCE MEETING OF MAY 18, 2009. Action: To receive and file the minutes of the Green Task Force meeting of May 18, 2009. (h) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF FUNDS FOR THE PURCHASE OF TWO (2) NEW T3 MOTION PERSONAL MOBILITY ELECTRIC VEHICLES TO BE USED PRIMARILY FOR DOWNTOWN, STRAND PATROLS, SPECIAL EVENTS, AND PARADES. Memorandum from Police Chief Greg Savelli. Supplemental emails from Robert Aronoff and Chief Savelli received July 28, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Coming forward to address the Council on this item were: Robert Aronoff — Hermosa Beach, said his email described Segways as valuable tools; said he had been involved with Segway Company for some time and recommended this device over that recommended by Chief Savelli since they take up less room, have a zero turning radius, provide better visibility, and are cheaper, safer and more reliable; and Police Chief Greg Savelli — said both the recommended T3 and Segway were evaluated; said the T3 has three wheels for stability; is faster; has disc brakes; is easier to learn to operate, larger and able to carry more weight; carries a second set of batteries to avoid parking and recharging; and is sealed so sea air won't affect them. Action: To authorize the appropriation of funds for the purchase of two (2) new T3 Motion personal mobility electric vehicles to be used primarily for downtown, Strand patrols, special events, and parades, as recommended by staff. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 7-28-09 Page 12714 • (i) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $50,000 FROM THE ASSET SEIZURE/FORFEITURE FUND (170); AND, $3,973 (OR CURRENT BALANCE) FROM THE K-9 DONATION PROGRAM ACCOUNT, TO FUND THE HERMOSA BEACH POLICE DEPARTMENT POLICE SERVICE DOG PROGRAM AND APPROVE A SIDE LETTER AGREEMENT WITH THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION (HBPOA) TO AMEND ARTICLE 27, SECTION H, OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HERMOSA BEACH AND THE POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP, FOR JULY 1, 2009 THROUGH JUNE 30, 2010 (SEVEN PERCENT f7%1 PREMIUM/INCENTIVE PAY FOR THE POSITION OF POLICE SERVICE DOG HANDLER). Memorandum from Police Chief Greg Savelli. Action: To approve the staff recommendation to: (1) Authorize the appropriation of $50,000 from the Asset Seizure/Forfeiture Fund (170); and, $3,973 (or current balance) from the K-9 Donation Program Account to fund the Hermosa Beach Police Department Police Service Dog Program; and (2) Approve a side letter agreement with the Hermosa Beach Police Officers' Association (HBPOA) to amend Article 27, Section H, of the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Police Officers and Police Sergeants Bargaining Group, for July 1, 2009 through June 30, 2010 (seven percent [7%] premium/incentive pay for the position of Police Service Dog Handler). (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 21, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Coming forward to address the Council on this item were: Fred Huebscher — Hermosa Beach, requested that the City Council ask for a review and reconsideration of item 8, approval of classification of Skinny Minny's Frozen Yogurt Shop in Ralph's Shopping Center as a snack shop for purposes of calculating parking requirements, because the 12 -year old parking plan is outdated with many spaces not available to the public and because of the illegal banners for Skinny Minny's; Kirk Sanella — Skinny Minny's Frozen Yogurt Shop, said the issue before the Planning Commission was the classification of his business as a snack shop; said the parking plan for the Ralph's Shopping Center had been revised in 2002; Kathleen Midstokke — Hermosa Beach, said she had attended the Planning Commission meeting and the parking plan for the shopping center was not connected to the classification of City Council Minutes 7-28-09 Page 12715 ID Skinny Minny's as a snack shop and so this item could not be brought before the City Council for review and reconsideration. Action: To receive and file the action minutes of the Planning Commission meeting of July 21, 2009. Motion Tucker, second DiVirgilio. The motion carried, noting the dissenting vote of Keegan. (k) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE CITY OF HERMOSA BEACH TO ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD FOR THE PIER AVENUE IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated July 21, 2009. • (I) • This item was removed from the consent calendar by Mayor Bobko for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 09- 6668, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENTERING INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD AND DESIGNATING A REPRESENTATIVE TO SIGN THE FINANCIAL ASSISTANCE AGREEMENT, AND ANY AMENDMENTS THERETO FOR THE PIER AVENUE IMPROVEMENT PROJECT." Motion Mayor Bobko, second Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 08-425 SEWER REPAIRS, PALM DRIVE, AVIATION BLVD., 35 STREET, AND PIER AVENUE, TO ZONDIROS CORPORATION IN THE AMOUNT OF $90,320; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE REAPPROPRIATION OF $30,000 FROM CIP 05- 119 STREET IMPROVEMENT PROJECT (301 FUND) TO CIP 08-425 (301 FUND); AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated July 21, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. City Council Minutes 7-28-09 Page 12716 • (m) Action: To approve the staff recommendation to: (1) Award construction contract for CIP No. 08-425 Sewer Repairs, Palm Drive, Aviation Blvd., 35th Street, and Pier Avenue, to Zondiros Corporation in the amount of $90,320; (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; (3) Authorize reappropriation of $30,000 from CIP 05-119 Street Improvement Project (301 Fund) to CIP 08-425 (301 Fund); and (4) Authorize the Director of Public Works to make changes as necessary within the project budget. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE DRAFT HOUSE ELEMENT UPDATE. Memorandum from Community Development Director Ken Robertson dated July 22, 2009 Action: To receive and file the draft House Element update. 3. CONSENT ORDINANCES - None At 8:12 p.m., the order of the agenda was suspended to hear public hearing items 5 (b) and then (a). • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION Items 2(h), (j), (k) (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Ken Robertson dated July 20, 2009. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:13 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:13 p.m. City Council Minutes 7-28-09 Page 12717 Action: Approve the staff recommendation to adopt Resolution No. 09-6667, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION! 65089." Motion Reviczky, second Keegan. The motion carried by a unanimous vote. At 8:14 p.m., the order of the agenda went to item 7(a) b. AMENDMENT TO THE PARKING PLAN FOR THE HERMOSA PAVILION, AND PARKING PLAN / CONDITIONAL USE PERMITS FOR THE BUSINESSES CONTAINED THEREIN, TO CONSIDER ELIMINATING THE REQUIREMENTS FOR 2 -HOUR FREE VALIDATED PARKING AND FOR VALET PARKING AT 1601 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Ken Robertson dated July 22, 2009. Supplemental written comments received on July 28, 2009, from Howard Longacre, Fred Huebscher, Sue Boucher and Patty Egerer. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell Staff said the hearing was noticed to addresses within a 500' radius from the subject property, as required. City Attorney Jenkins provided procedural guidance with regard to the Council's discussion on whether to hear the item or send it to the Planning Commission. The public hearing opened at 7:50 p.m. Coming forward to address the Council on this item were: Gene Shook — Hermosa Beach Pavilion, asked for the item to be heard by the Council because waiting for a Planning Commission meeting and then a possible appeal to the City Council would be a lengthy process; said he received his notice of default for this property on May 26, went into bankruptcy on July 10, and would see the judge on July 29; Fred Huebscher — Hermosa Beach, said a number of residents came to this hearing to speak on the issue and it was unfair to make them attend a future Planning Commission meeting; George Barks — Redondo Beach, favored remanding the item to the Planning Commission; said, however, that tonight's meeting was advertised as a public hearing and people should be able to speak; Jeff Duclos — Hermosa Beach, agreed that people should be heard and not have to attend meeting after meeting; asked about the protocol for preparing the City Council agenda; Patty Eqerer — Hermosa Beach, said people should be allowed to speak at tonight's hearing whether or not it goes back to the Planning commission, especially when some people might not be available to attend the Planning Commission meeting; City Council Minutes 7-28-09 Page 12718 • Dency Nelson — Hermosa Beach, supported the item being sent to the Planning Commission for review, but said people were prepared to speak tonight and should be allowed to do so; No name given — Hermosa Beach, asked why all residents of the neighborhood were not notified of this evening's hearing and, if it goes to the Planning Commission, would all residents be notified; asked if it was okay that Mr. Shook went door-to-door pleading his case; and Greg Sampson — Hermosa Beach, said the item should be heard before the Planning Commission and those unable to attend could submit written comments; said there was a chance it would eventually be brought back before the City Council. The public hearing was closed at 8:11 p.m. Action: To remand the item to the Planning Commission to be agendized for its meeting on August 18, 2009. Motion Mayor Bobko, second Tucker. The motion carried by roll call vote: AYES: DiVirgilio, Tucker, Mayor Bobko NOES: Keegan, Reviczky ABSTAIN None ABSENT: None • At 8:12 p.m., the order of the agenda went to item 5(a). • 6. MUNICIPAL MATTERS a. BIKEWAY MASTER PLAN. Memorandum from Public Works Director Richard Morgan dated July 20, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Shawn Ueda — Hermosa Beach, in reference to the suggestion that Monterey would be a safer street than Hermosa Avenue for a Sharrow Lane, said bicyclists would not use Monterey since it does not connect to Manhattan Beach or Redondo Beach and they ride through Hermosa on their way to training on the Palos Verdes Peninsula. Action: To approve the staff recommendation to: (1) Approve the proposed Bikeway Master Plan establishing the recommended Bike Routes throughout the City; and (2) Direct staff to develop plans to create a pilot project to implement Sharrow Lanes on Pier Avenue and Hermosa Avenue. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. City Council Minutes 7-28-09 Page 12719 III City Manager said staff would report back to the Council with cost estimates before any work is done. • • b. APPROVAL OF SEWER SYSTEM MANAGEMENT PLAN. Memorandum from Public Works Director Richard Morgan dated July 21, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. Action: To approve the Sewer System Management Plan for submittal to the State Water Resources Control Board, as recommended by staff. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. DISCUSSION OF BEACH CONCERT ON JULY 26. (Added item) A memo from Community Resources Director Lisa Lynn and an email from Peggy Peligrina were received on July 28, 2009. City Manager Burrell described the problems caused by the extremely large crowd attending the beach concert the previous Sunday, July 26, and he and Community Resources Director Lisa Lynn responded to Council questions. Coming forward to address the Council at this time were: Dency Nelson — Hermosa Beach, former chair of Green Building Committee, clarified that the local Hermosa green community, including the Green Task Force, did not endorse what was being called the Hermosa Beach Green Expo at the concert; said he was sorry the concerts had lost the community feel; Barbara Ellman — Hermosa Beach, thought staff had been misled about the type of audience the performers would draw; asked why there was no enforcement of the no -alcohol rules; said the crowd treated police officers with disrespect; said Hermosa was getting a bad reputation with this concert and allowing the Ironman event on July Fourth; Kelly Kovac -Reedy and Tracy Hopkins — Neighborhood Watch, said promoters were used for this concert and the result was not good; said a bad message was being sent to the local children and she might not attend the concerts again; opposed hiring security for next Sunday's concert when there was a hiring freeze in the Police Department; Jeff Duclos — Hermosa Beach, said he worked at the concert as a Volunteer in Policing; said it was impossible to keep control of the extremely Targe crowd, mostly college age; said he had spent time in a war zone and found this non -family oriented concert atmosphere frightening; Liz Summons — Hermosa Beach, said the college and high school kids were texting others to come down to the concert, telling how to get around the law, where to park, etc., and mixing in alcohol made the situation even worse; City Council Minutes 7-28-09 Page 12720 • • • Shawn Ueda — Hermosa Beach, said these concerts were supposed to community events but had morphed into events where college groups were using sites like Twitter to spread the word; said something needed to be done to return the event tone to a more family atmosphere; Lee Grant — Hermosa Beach, said people sped up and down his street looking for parking; said these performers brought in the wrong crowd for the normally family-oriented beach concerts; suggested it might improve the situation if the concerts were moved to a park rather on the beach close to the bars on the Plaza; Robert Aronoff — Hermosa Beach, said he wants to keep the beach concerts and the Council should improve the situation, not eliminate them; Greg Sampson — agreed that a different time and place might improve things, perhaps in a park after Labor Day; Fred Huebscher — Hermosa Beach, said he had never attended the beach concerts but wondered why reinforcements were not called in to assist the police; said there should be zero tolerance for alcohol on the beach; said residents like the concerts and they should not be eliminated, just made safer; Rosalind Bender — Hermosa Beach, said she was afraid Pandora's Box had been opened and new technology will spread the word fast — that Hermosa is a party city where alcohol laws are not enforced; George Barks — Redondo Beach, said a return to the family atmosphere of the concerts would mean moving them off the beach and bringing back performers that don't attract huge crowds; said the concert the week before was crowded but not like this one. Police Chief Savelli said it was impossible for police officers to walk through the tightly knit crowd of about 7,000 and they could not cite everyone who was drinking alcohol; said the plan for the next and final concert of the summer was to make sure there were aisles and to monitor the area at several entrance locations with hired security officers who would stop people from bringing in alcohol; said Sunday's concert was closed down 45 minutes earlier than planned to stop the conditions that had developed. In response to Council questions, Community Resources Lynn said the two groups performing at the final concert were expected to draw attendees between 34 and 60 years of age. Proposed Action: To cancel the final beach concert of Sunday, August 2, and ask the Parks and Recreation Commission to discuss returning the beach concerts to their former family-oriented tone. Motion DiVirgilio. The motion died for lack of a second. Action: To hold the final concert of the summer as planned, starting one hour earlier, and remand the issue to the Parks and Recreation Commission for recommendations on making next summers' concerts trouble-free with a return to the more family-oriented atmosphere of the past. City Council Minutes 7-28-09 Page 12721 Motion Mayor Bobko, second Tucker. The motion carried, noting the dissenting vote of DiVirgilio. The meeting recessed at 9:34 p.m. The meeting reconvened at 9:42 p.m., with item 4. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request by Mayor Bobko to review preferential parking area regulations. Mayor Bobko spoke to his request. Action: To agendize this topic for a future City Council meeting. Motion Mayor Bobko, support by Councilmembers Tucker and Reviczky. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, July 28, 2009, at the hour of 10:26 p.m. to the Regular Meeting of Tuesday, August 11, 2009 at 7:00 p.m. in the Multipurpose Room at Hermosa View School, 1800 Prospect Avenue. • City Clerk • eputy City Clerk City Council Minutes 7-28-09 Page 12722 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of IIIHermosa Beach, California, held on Tuesday, August 11, 2009, at the hour of 7:12 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Mayor Bobko Absent: Tucker PLEDGE OF ALLEGIANCE — Carter Fortunato (Hermosa View School student) ANNOUNCEMENTS — Assistant City Attorney Lauren Feldman spoke of needless concern about compliance with the Hermosa Beach Municipal Code and the Brown Act in holding this Council meeting in an alternative location, explaining that proper notice was posted on the City Hall bulletin board and on the City's website, the previous Council meeting was adjourned to the Hermosa View School location, and the meeting had been delayed for a short time to give attendees time to drive up from City Hall where a notice giving the offsite location was posted. Councilmember Keegan announced a Movie in the Park at Valley Park sponsored by Friends of the Parks on Saturday, August 15, at 8:30 p.m. with related activities for children and a raffle beginning at 5:00 p.m. He also invited the community to the Kiwanis Club's Taste of the Beach event on Sunday, August 23. IIMayor Bobko commented on the AVP Volleyball Tournament the previous weekend, • noting that it was a fantastic family-oriented event. PRESENTATIONS PRESENTATION OF PLAQUES TO: CHRISTINE HOLLANDER PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION JULY 2001 — JUNE 2009 STEPHEN CANNELLA PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION JULY 2005 — JUNE 2009 Mayor Bobko presented plaques to former Commissioners Hollander and Cannella. Ms. Hollander expressed appreciation, said she enjoyed her eight years of service on the Commission, and was happy to be given the opportunity. Mr. Cannella thanked everyone; said he enjoyed working with the other commissioners and the Council and would still be available to help the community. City Council Minutes 8-11-09 Page 12723 • PRESENTATION BY PROJECT FORWARD COMMITTEE FINANCE COMMITTEE Lisa Newman, Project Forward Committee member, presented an overview of the committee's report on the School District's financial situation, comparing last year's revenue from the State with this year's, noting that the figures were approximate, and also noting the program/teacher reductions made by the schools; the revenue from fundraisers, and the frustration of obtaining information and understanding the complicated reporting system required by the State. Coming forward to address the Council at this time were: George Schmeltzer — Project Forward Committee member, said the State had set up an impossible situation for the School District, which never knows how much money it will get for the last year; said it should not have been such a difficult, frustrating effort to prepare this report, that it should be possible to obtain accurate and complete information as part of the budget process; said the reporting system the state requires makes the process even harder; and Linda Igo — School Board member, said it was unfortunate it had been so difficult to obtain the information and thought it would be difficult, under these circumstances, to get someone else to prepare a similar report in the future. • PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS a. Letter from Brian Grebbien, President, Hermosa Beach Professional Firefighters. No one came forward to address the Council on this letter. b. Two supplemental letters from Howard Lonqacre protesting the relocation of this meeting were received On August 10 and August 11. No one came forward to address the Council on these letters. Action: To receive and file both letters 1(a) and 1(b). Motion Reviczky, second Keegan. The motion carried, noting the absence of Tucker. Coming forward to address the Council at this time were: Steve Lidell — Hermosa Beach, welcomed Councilmembers to Hermosa View School and said it was important that they come to this part of the City east of Pacific Coast Highway; said he had encouraged his neighbors to attend tonight's meeting as well as the Council meetings at City Hall; City Council Minutes 8-11-09 Page 12724 • • Chris Markakis — announced a Fire Association Casino fundraiser Saturday, August 29, at 1:00 pm. at the Manhattan Beach Marriott; said poker registration would begin at 11:30 a.m., a party and raffle would be after the tournament, and details were available at www.hbfirefighters.org; Tracy Hopkins — representing both Neighborhood Watch and the Emergency Preparedness Advisory Committee, spoke of the Committee's recent online survey to compare community preparedness with the baseline survey taken the previous year, and reported there was improvement in awareness and preparedness; directed anyone interested in the survey details, Neighborhood Watch or National Night Out to go to www.saferhb.com; also encouraged the community participation in the upcoming shakeout, with details were available at www.shakeout.orq; Jim Lissner — Hermosa Beach, said he hoped the City had compensated the School District $100,000 for using Hermosa View School for tonight's meeting; thanked Councilmembers who voted to support legislation regarding a different vote -calculating system; suggested unknown candidates withdraw from the Council race before tomorrow's 5 p.m. deadline because of the effect their being on the ballot will have on the vote distribution of candidates more involved in the community; Greq Sampson — said the Council decision to meet on the east side of the City was appreciated by 16th Street homeowners who still had traffic speed and parking issues; encouraged the City to make an effort to take advantage of grant funds available for a safe route to school since there were areas without sidewalks where children were forced to walk in the streets (Public Works Director Morgan commented on the City's unsuccessful efforts to obtain these funds to date). 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (c) and (e) DiVirgilio and (d) Reviczky. Motion Reviczky, second DiVirgilio. The motion carried, noting the absence of Tucker. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Regular meeting held on June 9, 2009; and (2) Adjourned Regular meeting held on June 23, 2009. Action: To approve, as presented, the City Council minutes of the Regular meeting of June 9, 2009 and the Adjourned Regular meeting of June 23, 2009. (Tucker absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 56648 THROUGH 56794 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. City Council Minutes 8-11-09 Page 12725 • • • Action: To ratify the check register, as presented, and approve the cancellation of check number 55926, as recommended by the City Treasurer. (Tucker absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. Action: To provide the list of Council Directives with every City Council agenda. Motion DiVirgilio, second Reviczky. The motion carried, noting the absence of Tucker. Further Action: To receive and file the Tentative Future Agenda Items as presented. Motion DiVirgilio, second Mayor Bobko. The motion carried, noting the absence of Tucker. (d) RECOMMENDATION TO ACCEPT DONATION OF $425.00 FROM THE HERMOSA BEACH LAWN BOWLING CLUB TO BE USED FOR A NEW ALUMINUM BENCH AT THE LAWN BOWLING FACILITY ANDH$2,979.34 COLLECTED FROM ANONYMOUS DONORS AT THE JULY 19T SUNSET CONCERT TO BE USED FOR THE 2010 CONCERT SERIES. Memorandum from Finance Director Viki Copeland dated August 3, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: - $425.00 from the Hermosa Beach Lawn Bowling Club to be used for a new aluminum bench at the Lawn Bowling facility; and - $2,979.34 collected from anonymous donors at the July 19th Sunset Concert to be used for the 2010 concert series. Motion Reviczky, second Keegan. The motion carried, noting the absence of Tucker. (e) RECOMMENDATION TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION. Memorandum from City Manager Stephen Burrell dated July 30, 2009. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting, to clarify his comments City Council Minutes 8-11-09 Page 12726 at the last meeting and make sure everyone knew the association had not • asked for a salary increase, that other issues had postponed the agreement. • • (f) Action: To approve the Memorandum of Understanding between the City and the Hermosa Beach Firefighters Association, as recommended by staff. Motion DiVirgilio, second Keegan. The motion carried, noting the absence of Tucker. RECOMMENDATION TO APPROVE THE SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH FOR THE 2008 STATE HOMELAND SECURITY GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ASSOCIATED EXHIBITS; AUTHORIZE THE APPROPRIATION OF $33,774 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE REIMBURSABLE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS AND ASSOCIATED EQUIPMENT FOLLOWING RECEIPT BY THE CITY OF THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES; AND, APPROVE THE PURCHASE OF THE EQUIPMENT UTILIZING THE JUNE 9, 2009 CITY COUNCIL APPROVED BID FOR THE REIMBURSABLE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA) AND RELATED EQUIPMENT FROM ALL-STAR FIRE EQUIPMENT FOLLOWING RECEIPT BY THE CITY OF THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES. Memorandum from Fire Chief David Lantzer dated August 3, 2009. Action: To approve the staff recommendation to: (1) Approve the Subrecipient Agreement between the County of Los Angeles and the City of Hermosa Beach for the 2008 State Homeland Security Grant and authorize the City Manager to execute the Agreement and associated exhibits; (2) Authorize the appropriation of $33,774 and the corresponding estimated revenue to the Grant Fund for the reimbursable purchase of self-contained breathing apparatus and associated equipment following receipt by the City of the executed agreement from the County of Los Angeles; and (3) Approve the purchase of the equipment utilizing the June 9, 2009 City Council approved bid for the reimbursable purchase of self-contained breathing apparatus (SCBA) and related equipment from All-Star Fire Equipment following receipt by the City of the executed agreement from the County of Los Angeles. (Tucker absent) 3. CONSENT ORDINANCES - None At 8:04 p.m. the order of the agenda was suspended to move to item 6. City Council Minutes 8-11-09 Page 12727 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION • Items 2(c), (d) and (e) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. PRESENTATION OF WATER CONSERVATION ORDINANCE RECOMMENDATIONS BY HERMOSA BEACH GREEN TASK FORCE. Memorandum from Community Development Director Ken Robertson dated August 4, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and Senior Planner Pam Townsend also responded to Council questions. Coming forward to address the Council on this item were: Brian Schoenig — Green Task Force, discussed the extreme drought in California and presented the Task Force's recommendations for adoption of a water conservation ordinance; E. J. Caldwell — West Basin Water District, discussed the California drought, legislation (AB49), PUC regulations, water allocation, and rebates; Dan Trejo — California Water Service, supported an ordinance; discussed tiered rates and the effect conservation enforcement would have on the community, with no adverse effect on those already conserving; Jim Lissner — Hermosa Beach, did not believe Hermosa residents were the type of people that waste water; did not want to see money spent on a water conservation program, the money should instead go to schools; Sandi Pfister — Hermosa Beach, said water should not stand alone as a conservation issue; said with the tiered rates, penalties would occur if a house is sold to a larger family, said penalties were not a good idea and point of sale should not be an issue; and David Kissinger — South Bay Realtors, said putting on a requirement for retrofit when a home is sold would not accomplish goals. Action: To schedule a public hearing and refer the recommendations of the Green Task Force to staff for preparation of a water conservation ordinance, working with the affected and interested parties, for City Council consideration. Motion Keegan, second DiVirgilio. The motion carried, noting the absence of Tucker. City Council Minutes 8-11-09 Page 12728 • The meeting recessed at 8:58 p.m. The meeting reconvened at 9:16 p.m., with item 4. • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Reviczky to amend Section 8.24.050 concerning construction hours by deleting the requirement for a grading or building permit so that any and all construction activity is covered. Councilmember Reviczky spoke to his request. Action: To agendize a discussion on this topic Motion Reviczky, supported by DiVirgilio and Mayor Bobko. b. Request from Mayor Pro Tem DiVirgilio for Council to conduct a closed session "performance review" of the City Manager and the City Attorney within the next 60 days. Councilmember DiVirgilio spoke to his requests, combining 9(b) and 9(c). Action: (see below) c. Request from Mayor Pro Tem DiVirgilio for staff to return with a proposal for annual "performance reviews" of the City Manager and City Attorney. The proposed structure should at least consider including a consistent review schedule, input from each Council member and a correlation between the City Manager's review and the Council's annual and long-term goals. Action for items 9 (b) and (c): To agendize further discussion of a review process for the City Manager and City Attorney. Motion DiVirgilio, supported by Keegan and Mayor Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, August 11, 2009, at the hour of 9:34 p.m. to an Adjourned Regular meeting on Tuesday, August 18 at 8:00 a.m. for a closed session to discuss the Macpherson lawsuit. City Clerk City Council Minutes Deputy City Clerk 8-11-09 Page 12729 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, August 18, 2009, at the hour of 8:00 a.m. • ROLL CALL: Present: None Absent: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Noting that the purpose of the meeting had been to conduct a closed session to discuss the Macpherson case, City Clerk Doerfling said the closed session had been cancelled. She then adjourned the meeting due to the lack of a quorum. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 18, 2009, at the hour of 8:01 a.m. to the Regular Meeting of September 8, 2009, at 6:00 p.m. City Council Minutes 8-18-09 Page 12730 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, September 8, 2009, at the hour of 6:03 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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: a. Approval of minutes of Closed Session meeting of June 23, 2009; b. Approval of minutes of Closed Session meeting of July 8, 2009; c. Approval of minutes of Closed Session meeting of July 14, 2009; d. Approval of minutes of Closed Session meeting of July 23, 2009; and e. Approval of minutes of Closed Session meeting of July 28, 2009; 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. a. Existing Litigation: Government Code Section 54956.9(a) 1. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 2. Name of Case: People of the State of California v. Patel, Chunibhai Case Number: YA036281 3. Name of Case: Michelle Myers, Robert Nolan and Joel Silva v. City of Hermosa Beach et al Case Number: CV06-0716 CBM (CTx) b. Anticipated Litigation: Government Code Section 54956.9(b) • Number of potential cases: 1 - Claim of Casey Willhardt City Council Minutes 9-8-09 Page 12731 • • • c. Initiation of Litigation: Government Code Section 54956.9(c) Number of Potential Cases: 1 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 8, 2009, at the hour of 6:04 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:58 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:10 p.m. PLEDGE OF ALLEGIANCE — Dorothy Yost ANNOUNCEMENTS — Councilmember Tucker discussed a Coastal Commission meeting he and City Attorney Jenkins recently attended in San Francisco as part of Councilmember Tucker's involvement in a group called the League of California Cities Coastal Cities Committee; said their goal was to streamline the process for cities obtaining a Local Coastal Permit (LCP) and he felt progress was made toward that end. Councilmember DiVirgilio acknowledged Planet Pals for creating opportunities for students at Hermosa Valley and Hermosa View schools to create a list of things they could do to be more environmentally responsible with their "Go Green" challenge. He also thanked ham radio operator Ken Hartley who volunteered to support fire fighters during a fire in Rancho Palos Verdes and at the "station" fire in Angeles National Forest. He asked staff for an update on the overcrowding violation at Cafe Bugaloo and City Manager Burrell provided information. Councilmember Reviczky expressed appreciation to the Hermosa Beach Fire Department for sending a strike team to provide assistance at recent wildfires and said the Hermosa Beach Police Department also sent officers to help evacuate communities affected by the fires. Councilmember Keegan announced a beach cleanup day on Saturday, September 19, sponsored by Heal the Bay and said anyone interested in participating should meet at the pier at 9:00 a.m. Mayor Bobko asked that the meeting be adjourned in memory of Stan Harvill, a Hermosa Beach resident he met while he was campaigning and learned that Stan's path had crossed in the past with the Mayor's father and uncle; said Stan was an intelligent, modest man and sent best wishes to his wife Anna and all who knew him. PROCLAMATIONS / PRESENTATIONS SEA OTTER AWARENESS WEEK SEPTEMBER 27 — OCTOBER 3, 2009 City Council Minutes 9-8-09 Page 12732 Mayor Bobko read the proclamation and said it would be sent to the appropriate • party. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two supplemental written communications received. (a) Letter from Howard Longacre dated August 23, 2009 regarding the cancellation of the September 14, 2009 Emergency Preparedness Advisory Commission meeting. No one came forward to speak on this letter. b) Letter from Howard Longacre dated August 28, 2009 regarding City Attorney services. No one came forward to speak on this letter. Action: To receive and file both letters. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. City Attorney Jenkins noted that the Emergency Preparedness Advisory Commission had planned a purely social event for its members and their families, which the Brown Act allowed, but it had been canceled. Coming forward to address the Council at this time were: Dorothy Yost — Hermosa Beach, invited the community to the 50 -year anniversary celebration of the Friends of the Library on Saturday. September 26, from 5:30 to 7:30 p.m., at which time a surprise donation will be presented to the library; said the Friends of the Library facility at 1309 Bard Street manned by volunteers had been renamed the Bard Street Book Store and noted the bargains to be found there for books, DVD's books on tape, etc; Ken Klade and Sienna Tucker — Hermosa Beach Art Walk, said they were in the planning stages of the 2010 Art Walk and thanked all the people who have supported this project in the past six years; presented a piece of ceramic art to Sam Perrotti for being involved from the beginning and presented to the City framed Art Walk prints for decorating City Council Chambers; and Mike Mulligan — Hermosa Beach, asked Council to agendize and to approve writing a letter supporting Redondo Beach's Mayor Mike Gin's stance on keeping Rocky Point open and not being included in the Marine Life Preserve created by the Marine Protection Act; said more information was available at www.kkeeprockypointopen.com. City Council Minutes 9-8-09 Page 12733 • • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) Reviczky and (i) Tucker. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on June 23, 2009; 2) Minutes of the Adjourned Regular meeting held on June 30, 2009; 3) Minutes of the Special meeting held on July 8, 2009; 4) Minutes of the Regular meeting held on July 14, 2009; and, 5) Minutes of the Adjourned Special meeting held on July 23, 2009. Action: To approve, as presented, the minutes of the Regular meeting held on June 23, 2009; the Adjourned Regular meeting held on June 30, 2009; the Special meeting held on July 8, 2009; the Regular meeting held on July 14, 2009; and, the Adjourned Special meeting held on July 23, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 56795 THROUGH 57114 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check number 56931, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS AND COUNCIL DIRECTIVES. 1) Tentative Future Agenda Items; and, 2) City Council Directives Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the July 2009 financial reports. • (e) RECOMMENDATION TO ACCEPT DONATION OF $725.00 FROM KATEE KIRK TO BE USED FOR A PLAQUE FOR THE ANCHOR LOCATED IN City Council Minutes 9-8-09 Page 12734 • • THE PLANTER AT 15th STREET AND THE STRAND; $3,486.85 COLLECTED FROM ANONYMOUS DONORS AT THE AUGUST 2ND SUNSET CONCERT TO BE USED FOR THE 2010 CONCERT SERIES; AND, $15.00 FROM ANNA LOTZ TO BE USED FOR THE CARDIAC/BLOOD PRESSURE MONITOR BEING PURCHASED BY THE FIRE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated August 31, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Coming forward at the request of Council was: Katee Kirk — said her grandfather had placed the anchor at 15th and The Strand in 1952 to memorialize his pilot son who had died in a Navy plane crash; said the anchor had been moved to its present location on 16th three years ago; and read the proposed language for the anchor to explain its meaning. (f) (g) Action: To accept the following donations: - $725.00 from Katee Kirk to be used for a plaque for the anchor located in the planter at 15th Street and the Strand; - $3,486.85 collected from anonymous donors at the August 2nd Sunset Concert to be used for the 2010 concert series; and, - $15.00 from Anna Lotz to be used for the Cardiac/Blood Pressure Monitor being purchased by the Fire Department Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated August 26, 2009. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of July 31, 2009. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated September 1, 2009. Action: To receive and file report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM AND ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 4, 2009. City Council Minutes 9-8-09 Page 12735 • (i) • Action: To receive and file memorandum and action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 4, 2009. RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE EIGHT EMPLOYEE GROUPS WHO REPRESENT THE CITY EMPLOYEES OF HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated August 25, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting and he thanked the City employees from all the bargaining groups for helping the City during this financial crisis. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 09-6670, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES BARGAINING UNIT." (2) Adopt Resolution No. 09-6671 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS." (3) Adopt Resolution No. 09-6672, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING UNIT." (4) Adopt Resolution No. 09-6673, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION." (5) Adopt Resolution No. 09-6674, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION — POLICE OFFICERS AND POLICE SERGEANT'S BARGAINING GROUP." (6) Adopt Resolution No. 09-6675, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, City Council Minutes 9-8-09 Page 12736 TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE • HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT." • • (7) Adopt Resolution No. 09-6676, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT EMPLOYEES' BARGAINING UNIT." (8) Adopt Resolution No. 09-6677 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH PROFESIONNAL ENGINEERS BARGAINING UNIT." Motion Tucker, second Keegan. The motion carried by a unanimous vote. (j) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated August 24, 2009 Claimant: Royer, Noelle Date of Loss:07-18-09 Date Filed: 08-10-09 Allegation: Personal Injury Action: To deny the claim and refer it to the City's Liability Claims - Administrator. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JULY 6, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 6, 2009. (I) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE CITY OF HERMOSA BEACH TO ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD FOR THE PIER AVENUE IMPROVEMENT PROJECT AND RESCIND RESOLUTION NO. 09-6668. Memorandum from Public Works Director Richard Morgan dated September 2, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6669, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENTERING INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE WATER RESOURCES City Council Minutes 9-8-09 Page 12737 • • • CONTROL BOARD AND DESIGNATING A REPRESENTATIVE TO NEGOTIATE AND SIGN THE FINANCIAL ASSISTANCE AGREEMENT, ANY AMENDMENTS THERETO AND TO CERTIFY FINANCIAL AGREEMENT DISBURSEMENTS FOR THE PIER AVENUE IMPROVEMENT PROJECT." (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 18, 2009. Action: To receive and file the action minutes of the Planning Commission meeting of August 18, 2009. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. TEXT AMENDMENT MODIFYING SIGN REGULATIONS RELATING TO TEMPORARY SIGNS, REAL ESTATE SIGNS AND CONSTRUCTION SIGNS. Memorandum from Community Development Director Ken Robertson dated September 1, 2009. Supplemental, reorganized Ordinance received from staff on September 8, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:32 p.m. Coming forward to address the Council on this item were: Roger Bacon — Ralphs Shopping Center, said that temporary signs were needed for effective advertising because often businesses did not have funds for TV or newspaper advertising; Ron Newman — Hermosa Beach business owner, said an Ordinance of this type was needed but this one is hard to understand; suggested the City solicit input from business owners; Bonnie Sewel — Hermosa Beach business in the Ralph Shopping Center said there should be a bigger sign in front for all the businesses; said banners become unattractive and out of date; Shawn Ueda — Hermosa Beach, said that businesses need every advantage the City can give them; said business owners and residents should have input on an Ordinance like this one; and City Council Minutes 9-8-09 Page 12738 • • • George Barks — agreed there should be incentives for businesses; said Hermosa Beach allows 90 days for temporary signs, compared to Redondo Beach's 60 days; suggested there be no changes for a year or until the economic climate improves but did support the reduction of fees; supported the idea of putting an expiration sticker on the signs. The public hearing was closed at 8:44 p.m. Proposed Action: To continue the item until February or March 2010 and ask the Chamber of Commerce or interested business owners or residents to provide a fair proposal with no increase in fees. Motion DiVirgilio, second Tucker. The motion was replaced by a substitute motion. Proposed Action: To approve the staff recommendation to waive further reading and introduce the proposed Ordinance with the addition of a 42 -inch high maximum for signs in open landscaped areas and to remove the fee for grand opening signs. Motion Keegan, second Reviczky. The motion failed, noting the dissenting votes of DiVirgilio, Tucker and Mayor Bobko. The original motion was then considered. Action: To continue the item until February or March 2010 and ask the Chamber of Commerce or interested business owners or residents to provide a fair proposal with no increase in fees. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. b. TEXT AMENDMENT TO ALLOW SMALL WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, SUBJECT TO STANDARDS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Ken Robertson dated September 1, 2009. Supplemental memorandum fro staff received on September 8, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:35 p.m. Coming forward to address the Council on this item were: Robert Fortunato — Hermosa Beach, said that structural safety and noise level were concerns as well as the height of the objects to protect views; said Hermosa Beach was not an ideal location for wind power because of blockage by trees and buildings; felt the technology was not quite as advanced as it could be; said by 2030, all commercial City Council Minutes 9-8-09 Page 12739 • • buildings would be required to be net -zero energy, producing more energy than they used; Shawn Ueda — Hermosa Beach, said she had a background in electrical engineering and supported alternative energy; said this was a good idea but not cost efficient because of the conditions in Hermosa Beach; Marcy Winograd — Marina del Rey, said she was running for Member of Congress for the 36th District; said she supported the staff recommendation if it can be proven that noise and view obstruction won't be a problem; Dency Nelson — Hermosa Beach, said the Green Building Committee has raised this issue to the Planning Commission who did a thorough investigation of the height requirements; and George Barks — supported the concept of net -zero energy but felt it was many years in the future; advised the City Council to move slowly and talk to other cities about their experience; said there were too many unanswered questions and felt the most action to be taken at this time was a monitored pilot project. The public hearing was closed at 9:58 p.m. Action: To direct staff to return with a revised Ordinance addressing maximum height and noise levels at a future Council meeting to be re- introduced for consideration. Motion Keegan, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. LEASE AGREEMENT WITH ROTARY CLUB. Memorandum from City Manager Stephen Burrell dated September 2, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve lease agreement with the Hermosa Beach Rotary Club and direct the Mayor and City Clerk to execute on behalf of the City. Motion Reviczky, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CONSOLIDATED DISPOSAL SERVICE: NOTICE OF .91% RATE INCREASE EFFECTIVE JANUARY 1, 2010. Memorandum from City Manager Stephen Burrell dated September 3, 2009. • City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 9-8-09 Page 12740 • • • Action: To receive and file the notice of the .91% rate increase for solid waste and recycling to residential and commercial accounts effective January 1, 2010, as set forth in the contract with Consolidated Disposal Service. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. STUDY OF CONSOLIDATION OF FIRE PROTECTION SERVICES WITH THE CITY OF REDONDO BEACH. Memorandum from Fire Chief David Lantzer. Fire Chief Lantzer presented the staff report and responded to Council questions. Mayor Bobko asked the Fire Department union representatives from the cities of Hermosa Beach and Redondo Beach to come forward and address the City Council: Brian Grebbien — Hermosa Beach Fire Department, said he applauded the efforts of both cities for potential consolidation; said it was important that the Firefighters Association be a part of the process; and Burt Allen — Redondo Beach Fire Department, said it was critical to integrate both union groups. Coming forward to address the Council on this item were: Janice Yates — Marineland Mobile Home Park, related a story when homes were saved because of the close proximity to the Fire Department and said she did not want the station relocated; Shawn Ueda — Hermosa Beach, asked who would be controlling the finances and operations since Redondo Beach has a bigger Fire Department; George Barks — Redondo Beach, said he owned commercial property in Hermosa Beach and was a former Hermosa Beach Councilman and Mayor; supported consolidation because of improved service and cost savings; agreed the unions should be involved; suggested consulting other cities who had experienced consolidation; Connie Sewell — Hermosa Beach, asked if jobs would be lost and which city would benefit more; Roger Bacon — Ralphs Shopping Center, supported the concept and felt efficient service would be maintained and cost would be decreased; Action: To authorize the City Manager and Fire Chief to open formal discussions with the City of Redondo Beach and its Fire Administration regarding the feasibility of consolidating fire protection services, including union representatives in the discussions and to prepare a mission statement. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 9-8-09 Page 12741 • • • 9. OTHER MATTERS - CITY COUNCIL — None 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. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Stan Harvill on Tuesday, September 8, 2009, at the hour of 10:17 p.m. to the Regular Meeting on Tuesday, September 22, 2009 at 6:00 p.m. City Clerk City Council Minutes I Deputy City Clerk 9-8-09 Page 12742 III MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 22, 2009, at the hour of 6:04 p.m. • • ROLL CALL: Present: DiVirgilio, Keegan (arrived at 6:15 p.m.), Reviczky, Tucker Absent: Mayor Bobko (arrived at 7:53 p.m.) ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 8 2009. 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(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Geroch v. City of Hermosa Beach Case Number: YC058352 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell 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 City Council Minutes 9-22-09 Page 12743 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 22, 2009, at the hour of 6:05 p.m., to a closed session. • • RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order by Mayor Pro Tem DiVirgilio at 7:04 p.m. PLEDGE OF ALLEGIANCE — Jerry Gross CLOSED SESSION REPORT — City Attorney Jenkins reported on this evening's closed session, noting that there were no additions to the agenda, no public comments and no reportable actions. ANNOUNCEMENTS — Councilmember Reviczky requested that the meeting be adjourned in memory of two long-time Hermosa Beach residents who recently passed away, with condolences to their families: Garrison Frost, who owned Coast Drug on Pier Avenue for many years and Dr. Paul Barr, a local optometrist who was a 60 -year member of Kiwanis. He then reported on a trip to San Diego with Mayor Bobko for an enjoyable tour of the newly commissioned S.S. Green Bay. Councilmember Tucker asked that the meeting also be adjourned in memory of Barbara Robinson, former owner of the p.i.n.k. shop who did a lot for the community and provided many needed donations. Councilmember Keegan thanked everyone who participated in the recent beach cleanup sponsored by Heal the Bay; said participation, which included local school children, was more than the usual. Councilmember DiVirgilio said it was the largest cleanup on record with over 14,000 people participating throughout all the Los Angeles County locations. City Manager Burrell said Hermosa Beach had an impressive turnout of 500 participants who collected the largest number of bags of trash to date. Councilmember DiVirgilio noted there was a vacancy on the School Board and said applications were available for pickup at the District office and for downloading on the School District and City websites, with a deadline of October 2 for submitting applications. Councilmember Tucker said he attended a League of California Cities Convention in San Jose the previous week and participated in discussions about more government transparency, including social networking, and public involvement, especially in budget preparation; said there was also focus on an attempt to make the Coastal Commission's processes simpler, including streamlining the Local Coastal Plan (LCP) for cities. City Council Minutes 9-22-09 Page 12744 • PROCLAMATIONS / PRESENTATIONS LUPUS AWARENESS MONTH OCTOBER 2009 Mayor Pro Tempore DiVirgilio read a proclamation proclaiming October 2009 as Lupus Awareness Month and said it would be mailed to the proper organization. PRESENTATION FROM NEIGHBORHOOD WATCH Hermosa Beach Neighborhood Watch co-founder and coordinator Tracy Hopkins presented a 9 -minute DVD showing the recent National Night Out activities; said there were now 90 Neighborhood Watch block captains; encouraged all residents to get to know their neighbors and generally become more aware of their surroundings. She also thanked her former co -coordinator Kelly Kovac -Reedy for her diligent work and Mr. and Mrs. Al Benson for producing the National Night Out video. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Pat Love — Hermosa Beach, introduced Joni Ackerman, the current Kiwanis President, and invited the Council to her own installation as Lt. Governor on Saturday, September 26, at 6 p.m., at the Kiwanis Hall, with dinner, a band and a raffle of wonderful items; Joni Ackerman — Kiwanis president for the past year, said Kiwanis had been able to maintain their level of charitable contributions despite the poor economy, including scholarships for local students; said they had also established an AKTION Club, for developmentally disabled adults; Barnesa Chatterfield — Health Plan Director/OWCO Representative for American Postal Workers Union, Local 4635, asked for the Council's support in preventing the possible closure or consolidation of Hermosa Beach's local post office; said flyers had been distributed to residents and business owners, most of which were not aware of the situation; said Congresswoman Jane Harman was assisting; Patti Ackerman, Hermosa Beach Education Foundation president, invited the community to their fundraiser, Schoolhouse Rocks, at the Salt Creek Grill in El Segundo, at 7 p.m. Saturday, September, October 3; said the $125 per person tickets included buffet bites and three drink tickets; said there would be a costume contest and a silent auction; Mario Alvarez — Hermosa Beach, said since his complaint last week at the Planning Commission meeting about Ocean Tire next to his home, they have been closing the door facing his house but he wondered when enforcement would take care of the problem of their parking cars in front of his house all day. (City Manager Burrell said he would investigate to see if parking is prohibited in front of Mr. Alvarez' house); City Council Minutes 9-22-09 Page 12745 • • • Dency Nelson — Hermosa Beach, announced that October 24 was being designated as International Climate Awareness Day and there would be a human tide line on the pier in Manhattan Beach from 2-4 pm on that day; he encouraged all interested parties to participate; Jim Lissner — Hermosa Beach, said Hermosa is one of the few cities in which residents can see the treasurer's latest report; asked what kind of stimulus funds the City had applied for, and the status of the Council's decision to have a consultant prepare a report on net revenue the downtown businesses bring to the City; said he heard Kelly Kovac - Reedy had resigned from the Emergency Preparedness Advisory Commission and suggested the City honor her efforts with a plaque; Timothy Beck — Heal the Harbor, Manhattan Beach, said he had written a letter to the City about a bike freeway and illuminated turnpike path through the beach cities and was trying to interest Council members and candidates in an alternate bike path on Hermosa Avenue as well as a European beach; said his organization did not believe in global warming; said plants are growing better with more carbon dioxide; and Julian Katz — Hermosa Beach Lawn Bowling Club President, said they would celebrate their 75th anniversary in 2011 and membership had grown to 60; said this past spring, they hosted a group of special education high school students and had college students from San Diego and Santa Barbara visit to bowl; said at 10 a.m. Wednesday, September 23, the Club would provide bowling lessons and a luncheon for 30 Hermosa Beach Garden Club members; commended the City's landscape contractor for a job well done on their lawn; encouraged the community to check out their website at www.trylawnbowling.com and said there was a link on the City's website. (Mayor Bobko arrived at 7:53 p.m.) Action: To agendize for the next meeting the issue of the Hermosa Beach Post Office's inclusion on a list of possible post office closures. Motion Keegan, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 7:55 p.m. The meeting reconvened at 8:02 p.m. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following item, which were removed for discussion in item 4, but are shown in order for clarity: 2(h) Reviczky, (i), (I) and (n) Tucker. Motion DiVirgilio, second Reviczky. The motion carried by a unanimous vote. City Council Minutes 9-22-09 Page 12746 (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR • MEETING OF THE CITY COUNCIL HELD ON JULY 28, 2009. • • Action: To approve, as presented, the minutes of the Adjourned Regular meeting of the City Council held on July 28, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57116 THROUGH 57253 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check number 56856, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives. Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the July 2009 financial reports. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated September 14, 2009. (f) Claimant: Scarlato, Arleen Date of Loss: 07-19-09 Date Filed: 09-10-09 Allegation: Personal Injury Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE CONTRACT AWARD FOR FIRE APPARATUS PREVENTATIVE MAINTENANCE BE AWARDED TO CALIFORNIA SEAGRAVE OF ARTESIA, CA IN THE AMOUNT OF $28,000. Memorandum from Fire Chief David Lantzer dated September 14, 2009. City Council Minutes 9-22-09 Page 12747 • (g) Action: To authorize the award of contract for fire apparatus preventative maintenance to California Seagrave of Artesia, CA in the amount of $28,000, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF A CANON IMAGERUNNER PHOTOCOPIER FROM CANON BUSINESS SOLUTIONS AND APPROPRIATE $21,514 FROM THE EQUIPMENT REPLACEMENT FUND TO COMPLETE THE PURCHASE. Memorandum from Police Chief Greg Savelli dated September 8, 2009. Action: To authorize the purchase of a Canon imageRUNNER photocopier from Canon Business Solutions and appropriate $21,514 from the Equipment Replacement Fund to complete the purchase, as recommended by staff. (h) RECOMMENDATION TO ADOPT RESOLUTION AMENDING MASTER FEE RESOLUTION 90-5422, REDUCING THE FEE FOR TEMPORARY SIGN PERMITS TO $153, WITH NO FEE FOR A GRAND OPENING OF NEW BUSINESS. Memorandum from Community Development Director Ken Robertson dated September 15, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. • City Manager Burrell responded to Council questions. (i) Action: To continue the item to January after the Planning Commission discusses the entire issue at their December meeting. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. Further Action: To direct staff to send a letter to everyone who pulled a temporary sign permit and establish a Council subcommittee comprised of Councilmembers Keegan and DiVirgilio to study the subject. Motion Mayor Bobko, second Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 14, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. • Further Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of July 31, 2009, and City Council Minutes 9-22-09 Page 12748 • • to direct staff to bring back options for building Lot A trash enclosures, CIP 07-651 on the project status report. Motion Tucker, second Keegan. The motion carried by a unanimous vote. (j) RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 2008-09 TO THE 2009-10 BUDGET; APPROVE REVENUE REVISIONS RELATED TO 2008-09 REAPPROPRIATIONS; AND, APPROPRIATE ADDITIONAL FUNDS FOR 2008-09 AND 2009-10. Memorandum from Finance Director Viki Copeland dated September 15, 2009. Action: To reappropriate funds from 2008-09 to the 2009-10 budget; approve revenue revisions related to 2008-09 reappropriations; and appropriate additional funds for 2008-09 and 2009-10, as recommended by staff. (k) RECOMMENDATION TO AUTHORIZE THE TRANSFER OF $17,990 FROM THE 301 CAPITAL IMPROVEMENTS PROGRAM (301-8654-4201) TO THE COMMUNITY CENTER GENERAL IMPROVEMENTS PROJECT (301-8649- 4201); AUTHORIZE THE APPROPRIATION OF $18,333 FROM THE 301 CAPITAL IMPROVEMENT FUND TO THE COMMUNITY CENTER GENERAL IMPROVEMENTS PROJECT (301-8649-4201); AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS WITHIN THE PROJECT BUDGET FOR THE COMMUNITY CENTER GENERAL IMPROVEMENTS PROJECT. Memorandum from Public Works Director Richard Morgan dated September 15, 2009. Action: To approve the staff recommendation to: (1) Authorize the transfer of $17,990 from the 301 Capital Improvements Program (301-8654-4201) to the Community Center General Improvements Project (301-8649-4201); (2) Authorize the appropriation of $18,333 from the 301 Capital Improvement Fund to the Community Center General Improvements Project (301-8649-4201); and (3) Authorize the Director of Public Works to issue change orders within the project budget for the Community Center General Improvements Project. (I) RECOMMENDATION TO AWARD BID AND AUTHORIZE THE PURCHASE IN THE AMOUNT OF $135,866.29 TO LEADER INDUSTRIES FOR ONE (1) TRANSPORT AMBULANCE AND APPROPRIATE FUNDS FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from Fire Chief David Lantzer dated September 14, 2009. This item was removed from the consent calendar by Councilmember Tucker • for separate discussion later in the meeting. Fire Chief Lantzer responded to Council questions. City Council Minutes 9-22-09 Page 12749 • • • (m) Action: To award the bid and authorize the purchase in the amount of $135,866.29 to Leader Industries for one transport ambulance and appropriate funds from the Equipment Replacement Fund; and to ask Chief Lantzer to send a letter to Chief Ferguson in Manhattan Beach thanking them for allowing Hermosa Beach to use their ambulance in the interim. Motion Tucker, second Keegan. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 2009. Action: To receive and file the action minutes of the Planning Commission meeting of September 15, 2009. (n) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 07-420 HERMOSA STRAND INFILTRATION PROJECT TO CLARKE CONTRACTING CORPORATION (CLARKE) IN THE AMOUNT OF $496,840; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; ACCEPT CLARKE CONTRACTING'S DBE "GOOD FAITH EFFORTS" AND REJECT THE BID PROTEST SUBMITTED BY 4 -CON ENGINEERING; REVISE ESTIMATED REVENUE TO REFLECT THE APPROVAL OF THE CALIFORNIA WATER RESOURCES CONTROL BOARD'S (ARRA) GRANT IN THE AMOUNT OF $940,933; AUTHORIZE APPROPRIATION OF $940,933 FROM THE CALIFORNIA WATER RESOURCES CONTROL BOARD (ARRA) TO THE GRANT FUND ACCOUNT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated September 15, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To approve the staff recommendation to: (1) Award the construction contract for CIP Project No. 07-420 Hermosa Strand Infiltration Project to Clarke Contracting Corporation (Clarke) in the amount of $496,840; (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; (3) Accept Clarke Contracting's DBE "Good Faith Efforts" and reject the bid protest submitted by 4 -Con Engineering; revise estimated revenue to reflect the approval of the California Water Resources Control Board's (ARRA) grant in the amount of $940,933; and (4) Authorize appropriation of $940,933 from the California Water Resources Control Board (ARRA) to the grant fund account; and, City Council Minutes 9-22-09 Page 12750 • authorize the Director of Public Works to make changes as necessary within the project budget. Motion Tucker, second -Keegan. The -motion. carried by a unanimous vote. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h), (i), (I) and (n) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None At 8:32 p.m., the order of the agenda moved to item 6.d. 6. MUNICIPAL MATTERS a. UPDATE ON STATE BUDGET ACTIONS. Memorandum from Finance Director Viki Copeland dated September 15, 2009. • Finance Director Copeland presented the staff report and responded to Council questions. • Action: To receive and file the update on State budget actions. Motion Mayor Bobko, second Keegan. The motion carried by a unanimous vote. b. AMENDMENT TO MUNICIPAL CODE CHAPTER 12.08 PROVIDING OPTIONAL IN -LIEU FEE FOR STREET PAVEMENT IMPROVEMENTS REQUIRED FOR NEW DEVELOPMENT. Memorandum from Public Works Director Richard Morgan dated September 14, 2009. A supplemental letter was received from Howard Longacre on September 22, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Proposed Action: To direct staff to come back with an option to rescind this ordinance and the cost to order a nexus study per State law to prove the need and to avoid having the ordinance challenged. Motion Keegan, second DiVirgilio. This motion was replaced by the following substitute motion. City Council Minutes 9-22-09 Page 12751 Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1301, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 12.08 PROVIDING FOR AN OPTIONAL IN -LIEU FEE FOR STREET PAVEMENT IMPROVEMENTS REQUIRED FOR NEW DEVELOPMENT." Motion Reviczky, second Tucker. The motion carried by a unanimous vote. Further Action: To direct staff to report back within six months to provide the cost of a nexus study for this development impact fee and then to possibly rescind this newly adopted ordinance. Motion Keegan, second DiVirgilio. The motion carried by a unanimous vote. At 9:26 the order of the agenda moved to item 6.a. c. SHARROW BIKELANE PILOT PROJECT ON HERMOSA AVENUE. Memorandum from Public Works Director Richard Morgan dated September 14, 2009. Supplemental letter received from Ron Felsing on September 22, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Julian Katz — Hermosa Beach, speaking on behalf of his fellow Public Works Commissioners and the Parks and Recreation Commission, said they supported the proposal; said sharrow lanes have been demonstrated to improve awareness of bike riders and motorists and have shown a remedial reduction of bike accidents; said bike riders tended to disregard the rules of the road and he hoped the Police Department can strengthen enforcement; and Timothy Beck — Heal the Bay, supported the concept of a bicycle freeway instead of a bike path and was opposed to having pedestrians, bikes, and combustion engine vehicles share the same road level. Action: To approve the installation of pavement markings and signage to establish a Shared Roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Avenue to 24th Street. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote. At 9:04 p.m., the order of the agenda moved to item 6.b. d. PIER AVENUE STREET IMPROVEMENT PROJECT UPDATE. Memorandum from Public Works Director Richard Morgan dated September 14, 2009. Supplemental letter received from Howard Longacre on September 22, 2009. City Council Minutes 9-22-09 Page 12752 • • • Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Jerry Gross — Hermosa Beach, said he was one of the five original citizens on the Upper Pier Avenue Advisory Committee (UPAC) and their work had been approved by the City Council; said the project was funded by grants and would improve the City's infrastructure as well as visible elements; urged the Council to go forward and seek bids on the project which he felt would benefit both businesses and residents; and Jeff Duclos — Hermosa Beach, objected to the project because he felt it would be an extension of Pier Plaza; said it had been presented to the public piecemeal and fast tracked by the City Council with no public presentation of the final plan in its entirety; said to be fair, the public should be given an opportunity to talk about the project as a whole; Action: To receive and file the Pier Avenue Street Improvement Project Update. Motion Mayor Bobko, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCY ON EMERGENCY PREPAREDNESS ADVISORY COMMISSION FOR UNEXPIRED TERM ENDING MAY 31, 2011. Memorandum from City Clerk Elaine Doerfling dated September 17, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to advertise the Commission vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending May 31, 2011. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem DiVirgilio for approval to get staff support developing basic economic background material for an Economic Development Panel Discussion in early to mid November. City Council Minutes 9-22-09 Page 12753 • • • Councilmember DiVirgilio spoke to his request. Action: To direct staff to develop basic economic background material for an Economic Development Panel Discussion in early to mid November. Motion DiVirgilio, supported by Tucker and Mayor Bobko. b. Request from Mayor Pro Tem DiVirgilio for approval to place on a future agenda a presentation by Robert Fortunato (and supporting technology team) regarding the groundbreaking net -zero energy remodel at 1556 Prospect Avenue. Further, he would like the staff report for this item to include a line -item listing of the approximate $5K -$7.5K of permit and development fees associated with this project. Councilmember DiVirgilio spoke to his request. Action: To place on a future agenda a presentation by Robert Fortunato (and supporting technology team) regarding the groundbreaking net -zero energy remodel at 1556 Prospect Avenue, and further, have the staff report for this item to include a line -item listing of the approximate $5K -$7.5K of permit and development fees associated with this project. Motion DiVirgilio, supported by Tucker and Mayor Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Barbara Robinson, Dr. Paul Barr and Garrison Frost, on Tuesday, September 22, 2009, at the hour of 9:48 p.m. to the Regular Meeting on Tuesday, October 13, 2009 at 6:00 p.m. City Council Minutes (-C-&Lc , Deputy City Clerk 9-22-09 Page 12754 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 13, 2009, at the hour of 6:34 p.m. • ROLL CALL: Present: Keegan, Reviczky, Tucker, Mayor Bobko Absent: DiVirgilio ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 22, 2009. 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(a Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 13, 2009, at the hour of 6:35 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:02 p.m. PLEDGE OF ALLEGIANCE — Pat Love CLOSED SESSION REPORT — City Attorney Jenkins reported nothing was added to the agenda, there were no public comments and no reportable actions. ANNOUNCEMENTS — Councilmember Tucker encouraged residents to attend several City Council Candidate Debates (1) October 14 at 1 p.m. at the Clark • Building, sponsored by the Hermosa Beach Woman's Club; (2) October 15 at 10 a.m. in the Council Chambers, sponsored by the Hermosa Beach Chamber of Commerce; and (3) October 17 at 7:30 p.m. in the Council Chambers, sponsored by City Council Minutes 10-13-09 Page 12755 • • Leadership Hermosa. He invited the community to attend the 15th Annual Veterans Day remembrance ceremony on November 11 at 6 p.m. at the Veteran's Memorial on the grounds of the Community Center at PCH and Pier Avenue. He reported on a California Coastal Commission meeting he attended the previous week in Oceanside regarding streamlining the Local Coastal Plan procedures. Councilmember Keegan said on Saturday, October 24, the West Basin Water District would be hosting its annual Fall Water Festival at the Edward C. Little Water Recycling in El Segundo from 10 a.m. to 2 p.m. with a raffle, free food, games, face painting and pumpkin carving for kids. He asked that the meeting be adjourned in memory of Bruce Mohr, son of resident Maggie Mohr, who passed away recently. Mayor Bobko reported that he, Councilmember Keegan and Mayor pro tern DiVirgilio had visited Robert Fortunato's home on Prospect Avenue which he was transforming into a "net -zero" house, producing more energy than it uses, partnering with 11 agencies, including Southern California Edison. He mentioned that the Hermosa Beach Education Foundation fundraiser at the Salt Creek Grill with a 1980's theme had been very successful and enjoyable. PROCLAMATIONS / PRESENTATIONS CERTIFICATE OF RECOGNITION PRESENTED TO KEITH RIDNOUR FOR 35 YEARS OF SERVICE TO THE CITY OF HERMOSA BEACH Mayor Bobko read the proclamation and presented it to Keith Ridnour for his dedicated service and devotion to duty for the past 35 years. Keith Ridnour expressed his appreciation for the recognition. CERTIFICATE OF RECOGNITION PRESENTED TO HERMOSA BEACH FRIENDS OF THE LIBRARY 50TH ANNIVERSARY Mayor Bobko said there was a presentation at the library two weeks ago and he learned that this Friends of the Library group was the second oldest one in the State. Elmita Brown, Community Library Manager accepted the certificate on behalf of the Friends of the Library and encouraged all residents to join the group. She added that there would be a free flower arranging class given by a well known instructor and sponsored by Friends of the Library on Saturday, October 24 at the library from 3-4 p.m. City Council Minutes 10-13-09 Page 12756 • • • CERTIFICATE OF RECOGNITION PRESENTED TO PAT LOVE LT. GOVERNOR KIWANIS INTERNATIONAL CALIFORNIA -NEVADA -HAWAII DISTRICT DIVISION 19 Mayor Bobko said that newly installed Pat Love is Kiwanis International Lt. Governor of a district made up of three states and is the first female from Hermosa Beach to have been named to this position. Pat Love thanked the City for the recognition and praised Kiwanis International, stating that it is a non-profit organization serving community, the nation and the world, one child at a time. CERTIFICATE OF RECOGNITION PRESENTED TO WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA 50TH ANNIVERSARY Mayor Bobko read the certificate recognizing the 50th anniversary of the Water Replenishment District of Southern California, which has reduced Southern California's dependence on expensive imported water. He said the certificate would be mailed to the District. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two supplemental written communications received. (a) Letter from Tim Beck of Heal the Harbor regarding global warming. No one came forward to address the Council on this letter. (b) Letter from Howard Longacre dated October 5, 2009 regarding Ordinance No. 09-1301 (item # 3a on tonight's agenda). No one came forward to address the Council on this letter. Action: To receive and file the two letters. Motion Mayor Bobko, second Reviczky. The motion carried, noting the absence of DiVirgilio. City Council Minutes 10-13-09 Page 12757 • • Coming forward to address the Council at this time were: Sienna Tucker — Hermosa Beach Woman's Club, invited the community to the Club's annual pancake breakfast on Sunday, October 19, from 8 a.m. to Noon at the Clark Building. She said tickets were $8 each or two for $15 with free tickets for children under two, and the event included pancakes, sausage, scrambled eggs, fruit, juice, milk or coffee, along with mimosas for an extra cost of $5. She added there would be a raffle, a Chinese silent auction, traditional silent auction, and a bounce house for the children. Jessica Guheen — Hermosa Beach Friends of the Park, announced the annual Pumpkins in the Park at Fort Lots -o -Fun from 11 a.m. to 1 p.m.; said all ages are welcome and there would be food, pumpkins for each child to select, face painting, games and a puppet show; Carla Merriman — Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau, announced that the Man and Woman of the Year were Pat Love and Peter Tucker, who would be honored at the Board of Director's installation luncheon on Tuesday, October 20, at the Portofino Inn and said reservations could be made with the Chamber; she also gave details of the recycling report from the latest Fiesta which indicated that the Fiesta had definitely become "green" and that money received from recycling would be donated to local charities; said the Chamber Board was investigating year-round recycling ideas which would generate funds to be donated to the City for beautification efforts on Upper Pier Avenue and she would report back on that at a later time. Jeff Duclos — Hermosa Beach, asked that items 2(h) be removed from the consent calendar for separate discussion; Tim Beck — Heal the Harbor, Manhattan Beach, asked that item 2(j) be removed from the consent calendar for separate discussion; and George Schmeltzer — Hermosa Beach, invited everyone to participate in a Coastwalk hike on Sunday, October 18, beginning at Pier Avenue and Valley for some good exercise and to learn more about the history of Hermosa Beach. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 ((h) and (j) Tucker. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. (DiVirgilio absent) (a) RECOMMENDATION TO APPROVE THE FOLLOWING CITY COUNCIL MINUTES: (1) Minutes of the Regular meeting held on August 11, 2009; and, (2) Minutes of the Adjourned Regular meeting held on August 18, 2009. City Council Minutes 10-13-09 Page 12758 • • • Action: To approve, as presented, the minutes of the Regular meeting of August 11, 2009, and the Adjourned Regular meeting of August 18, 2009. (DiVirgilio absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57254 THROUGH 57439 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 56633, 56639, 57226 and 57312, as recommended by the City Treasurer. (DiVirgilio absent) (c) RECOMMENDATION TO RECEIVE AND FILE 1 Tentative Future Agenda Items; and, 2) City Council Directives Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (DiVirgilio absent) (d) RECOMMENDATION TO APPROVE DONATIONS OF $1000 TO THE REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL GRAD NIGHT 2010 EVENTS. Memorandum from City Manager Stephen Burrell dated October 1, 2009. Action: To approve donations of $1000 to the Redondo Union High School Grad Night Committee 2010 and $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2010 for Grad Night 2010 events. (DiVirgilio absent) (e) RECOMMENDATION TO WAIVE $480 BANNER PERMIT FEE FROM THE HERMOSA BEACH WOMAN'S CLUB FOR THE ANNUAL PANCAKE BREAKFAST ON OCTOBER 18, 2009. Memorandum from City Manager Stephen Burrell dated September 14, 2009. Action: To waive $480 banner permit fee from the Hermosa Beach Woman's Club for the annual pancake breakfast on October 18, 2009. (DiVirgilio absent) RECOMMENDATION TO APPROVE SERVICE AGREEMENT EXTENSION WITH THE LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CONTROL FOR CERTAIN ANIMAL CONTROL SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Memorandum from City Manager Stephen Burrell dated October 1, 2009. (f) City Council Minutes 10-13-09 Page 12759 • • (g) Action: To approve Service Agreement Extension with the Los Angeles County Department of Animal Control for certain animal control services and authorize the City Manager to execute the agreement. (DiVirgilio absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF AUGUST 3, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of August 3, 2009. (DiVirgilio absent) (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF JULY 13, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jeff Duclos — Hermosa Beach, recalled the discussion about water conservation at the City Council meeting on August 11, 2009, and asked when this topic would be pursued further (City Manager Burrell replied that it should come before the Council in January 2010). (i) Action: To receive and file the action minutes of the Green Task Force meeting of July 13, 2009. Motion Mayor Bobko, second Tucker. The motion carried, noting the absence of DiVirgilio. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 16, 2009. Action: To receive and file the action minutes of the Public Works Commission meeting of September 16, 2009. (DiVirgilio absent) (j) RECOMMENDATION TO ADOPT A RESOLUTION OF SUPPORT FOR INTERNATIONAL DAY OF CLIMATE ACTION ON OCTOBER 24, 2009 AS PART OF GLOBAL 350 EFFORT. Memorandum from City Manager Stephen Burrell dated October 8, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Coming forward to address the Council on this item were: Tim Beck — Heal the Harbor, Manhattan Beach, disputed the negative concept of global warming and said that carbon dioxide was good for the growth of plants; City Council Minutes 10-13-09 Page 12760 • • Dency Nelson — Hermosa Beach, introduced Joe Galliani, Chair of the South Bay 350 Climate Action Group; Joe Galliani — resident of the Hollywood Rivera section of Torrance, thanked the Council for its support of their upcoming event; said it started small and is now the Los Angeles event for International Climate Action Day declared by County Supervisors Don Knabe and Mark Ridley Thomas; said parking would be provided at the Northrop Grumman facility with buses furnished by the County bringing people to Hermosa Beach to form an amazing, waving human tide line to dramatically showcase where sea level rise will be bringing the ocean waves if climate change scientists' predictions of sea level rise come true, with photos of the event being shown on the Times Square jumbotron. Action: To approve the staff recommendation to adopt Resolution No. 09- 6679, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUPPORT THE CITY OF HERMOSA BEACH'S PARTICIPATION IN THE INTERNATIONAL DAY OF CLIMATE ACTION ON OCTOBER 24, 2009, AS PART OF THE GLOBAL 350 EFFORT." Motion Mayor Bobko, second Tucker. The motion carried, noting the absence of DiVirgilio. (k) RECOMMENDATION TO APPROVE AMENDMENT TO MARINELAND MOBILEHOME PARK PRE -DEVELOPMENT AGREEMENT THAT WILL ADD THE HUD APPLICATION FEE AS ONE OF THE PAYMENTS PERMITTED UNDER THE AGREEMENT AND INCREASE THE TOTAL PRE -DEVELOPMENT LOAN AMOUNT TO $70,000 FROM THE $60,000 APPROVED IN THE ORIGINAL AGREEMENT. Memorandum from City Manager Stephen Burrell dated October 1, 2009. (I) Action: To approve amendment to Marineland Mobilehome Park Pre - Development Agreement that will add the HUD application fee as one of the payments permitted under the agreement and increase the total pre - development loan amount to $70,000 from the $60,000 approved in the original agreement. (DiVirgilio absent) RECOMMENDATION TO APPROVE THE APPROPRIATION OF $2,114 FOR CIP 03-418 PUMP STATION IMPROVEMENTS FROM 160 SEWER FUND AND APPROVE THE APPROPRIATION OF $14,540 FOR CIP 07- 422 SEWER MASTER PLAN FROM 160 SEWER FUND. Memorandum from Public Works Director Richard Morgan dated October 8, 2009. Action: To approve the staff recommendation to: (1) Approve the appropriation of $2,114 for CIP 03-418 Pump Station Improvements from 160 Sewer Fund; (2) Approve the appropriation of $14,540 for CIP 07-422 Sewer Master Plan from 160 Sewer Fund. City Council Minutes 10-13-09 Page 12761 • • (DiVirgilio absent) 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1301 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 12.08 PROVIDING FOR AN OPTIONAL IN -LIEU FEE FOR STREET PAVEMENT IMPROVEMENTS REQUIRED FOR NEW DEVELOPMENT." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 5, 2009. Action: To waive full reading and adopt Ordinance No. 09-1301. Motion Reviczky, second Tucker. The motion carried by the following vote: AYES: Keegan, Reviczky, Tucker and Mayor Bobko NOES None ABSENT DiVirgilio ABSTAIN None At 10:18 p.m., the order of the agenda went to item 8(a) 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 10:17 p.m., the order of the agenda went to item 3(a) 5. PUBLIC HEARINGS a. SOUTH PARK MASTER PLAN PROPOSAL. Memorandum from Community Resources Director Lisa Lynn dated October 6, 2009. Supplemental letter received from Howard Longacre on October 13, 2009. Supplemental emails received from 16 or more residents. Community Resources Director Lynn presented the staff report and responded to Council questions. The public hearing opened at 7:36 p.m. Coming forward to address the Council on this item were: George Schmeltzer — said he lived very close to the park and knew that rink use had decreased; said he was glad a lot of money was not wasted on consultants and felt that the community was a better source of input than the so-called "experts;" City Council Minutes 10-13-09 Page 12762 • • • Beth Rohrer — Friends of the Parks, supported the proposal and said even though the Hermosa Beach parks are ADA compliant, they don't have wheel chair access or allow handicapped children to reach the highest point of the play equipment; said she had a child with cerebral palsy and would be happy to have fully accessible play equipment; said this type of equipment is not visually different and allows use by all children; Stephanie (no last name given) — Hermosa Beach, said her daughter was in the afterschool program which uses this park and more play equipment would be welcomed because there is not a lot for the children to do after they finish their homework; Kim Sinclair - - Redondo Beach, said she was the parent of a six year old with cerebral palsy also and she supported the proposal which would provide a safe environment for her child to participate in park activities other children take for granted; Matt Rohrer — Hermosa Beach, said it was a shame to see children and parents clustered around the small area of play equipment in this park; said he would be so happy to have a park his handicapped son and his non -handicapped brother could enjoy together; Greg Maffei — Hermosa Beach, spoke in support of the proposal because he said his two children need a place to play with the density of housing in the City with few backyards; said fully accessible equipment would be a good idea too; Laura Raymond — Parks, Recreation and Community Resources Advisory Commissioner, thanked the community for being involved in this process of over two years; said this is a master plan to be implemented gradually as funding becomes available, not changes that will happen quickly; said safety is a prime concern as well as other improvements not as obvious such as drainage; Jessica Guheen — Hermosa Beach, said most people wanted the playground improved and the hockey rink removed; said additional activities for older children in the after-school program would ease the conflict with the younger children; Brian Quinan — said he lived near the park and was grateful to Laura Raymond for getting him involved; said he has fundraising experience and volunteered to assist with those efforts; and Frank Derosa — supported the proposal but was concerned with traffic safety because of all the activities in and around the park and suggested signs be installed to make sure the children are safe. The public hearing was closed at 7:57 p.m. Action: To approve the staff recommendation to: (1) Implement Conceptual Refurbishment Plans submitted by the South Park Master Plan Committee to include field renovation; landscape revision; South School building upgrades; lighting upgrade; gathering areas reconfigured; and passive park classification upheld; City Council Minutes 10-13-09 Page 12763 • • • (2) Replace existing play equipment with a universally accessible play area for children ages 0-5 years; and (3) Replace existing hockey rink with a universally accessible play area for children ages 6-12 years. Motion Keegan, second Reviczky. The motion carried by a unanimous vote, noting the absence of DiVirgilio. b. TEXT AMENDMENT TO ALLOW SMALL WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, SUBJECT TO STANDARDS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Continued from meeting of September 8, 2009. Memorandum from Community Development Director Ken Robertson dated October 7, 2009. Mayor Bobko asked that the item be continued because Councilmember DiVirgilio could not be here tonight and he (Mayor Bobko) could not be at the meeting on October 27. Action: To continue to December 8, 2009. Motion Mayor Bobko, second Keegan. The motion carried, noting the dissenting vote of Reviczky and the absence of DiVirgilio. The public hearing opened at 8:14 p.m. Coming forward to address the Council on this item were: Steve Morris — Manhattan Beach, congratulated Hermosa Beach for investigating this issue with its challenges and opportunities; said he had a friend who is buying small windmills and wanted to talk to the City about these devices; Sean Darcy — Hermosa Beach, suggested that fees for the low profiles wind generators be reduced or eliminated; and Dency Nelson — Hermosa Beach, thanked staff the Council for considering allowing these devices and looked forward to more discussion later. Action: To continue the public hearing to the City Council meeting of December 8, 2009. Motion Mayor Bobko, second Keegan. The motion carried, noting the dissenting vote of Reviczky and the absence of DiVirgilio. At 8:25 p.m., the order of the agenda went to item 6(b). 6. MUNICIPAL MATTERS a. HERMOSA BEACH POST OFFICE. Memorandum from City Manager Stephen Burrell dated October 1, 2009. Supplement contact info received today. City Council Minutes 10-13-09 Page 12764 • City Manager Burrell presented the staff report and responded to Council questions. • or Coming forward to address the Council on this item were: Jeff Duclos — Hermosa Beach, commended the City Council, especially Councilmember Keegan for suggesting aggressive action to save the facility, the only post office in the City, which benefits not only residents but also businesses; said he had seen a young lady outside the post office for many days who had collected over 2,000 petition signatures at the time he spoke to her and felt she is worthy of a citation if her identity could be determined; Dency Nelson — Hermosa Beach said having a post office in a small town like Hermosa Beach meant that people could walk and enjoy the quality of life from the past; and Tim Beck — Heal the Harbor, Manhattan Beach, said the post office was good for tourist also who needed money and mail sent to them by general delivery and helped encourage tourism in a resort town like Hermosa Beach; suggested a person stand in front of the post office dressed like Benjamin Franklin, founder of the U.S. Postal Service. Action: To hold a City staff rally in front of the post office on Thursday, October 29, at 6:00 p.m., with traffic mitigation; to create an online petition on the City's website and a traditional petition at City Hall; to develop a written position with salient points to be sent to the proper authorities; and to send out information in a special edition of the City's e -newsletter. Motion Keegan, second Tucker. The motion carried, noting the absence of DIVirgilio. At 9:42 p.m., the order of the agenda went to item 6(c) b. REVIEW OF PREFERENTIAL PARKING PROGRAM. Memorandum from City Manager Stephen Burrell dated October 8, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jerry Gross — Hermosa Beach, said the program is being legally abused by everyone in the impacted area; suggested that passes be sold only for the number of cars that won't fit on a resident's property; said the cost should be increased from $35 to $200 for both resident and guest passes; suggested conversion of some of the yellow meters on Hermosa Avenue to permit parking; said whatever could be done to reduce permits and increase permit parking spaces would help the situation; and Greg Maffei — Hermosa Beach, said he lived in the impacted area and said he was lucky to look for 30 minutes to find a space four blocks from his City Council Minutes 10-13-09 Page 12765 • • • house and it was especially difficult since he has young children; said during the day in the summer, he tried not to move his car at all; felt the low cost of parking passes was contributing to the problem; said he would be happy to help, maybe verifying how many cars and on - property parking spaces residents had. Action: To direct staff to return with a report indicating the total number of parking spaces in the impacted area, provide suggestions for determining how many parking spaces on each property and provide a history of the current program. Motion Mayor Bobko, second Reviczky. The motion carried, noting the absence of DiVirgilio. The meeting recessed at 8:51 p.m. The meeting reconvened at 9:03, with item 6(d). c. CONSTRUCTION HOURS AS REGULATED IN THE NOISE ORDINANCE. Memorandum from Community Development Director Ken Robertson dated October 6, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Tim Beck — Heal the Harbor, said there should be provisions for emergencies, like a leaky roof, etc. (Mr. Beck was informed this provision is included in the Code) Action: To direct staff to prepare an Ordinance to modify the language in Section 8.24.050 regarding permissible hours of construction, to apply to all construction activity whether subject to a permit or not, and changing the time construction must end from 7:00 p.m. to 6:00 p.m. Motion Reviczky, second Keegan. The motion carried by a unanimous vote, noting the absence of DiVirgilio. At 9:50 p.m., the order of the agenda went to item 6(e). d. RESOLUTION SUPPORTING THE EXCLUSION OF THE ROCKY POINT AREA FROM THE SOUTH COAST MARINE PROTECTED AREA. Memorandum from City Manager Stephen Burrell dated October 7, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Mick Mulligan — Hermosa Beach, read a statement in support of adoption of the resolution adopted by the City of Redondo Beach; said he had a City Council Minutes 10-13-09 Page 12766 • • • copy of a petition requesting Rocky Point be kept open and supporting Proposal No. 2; provided an overview of the process so far and the commercial, economic and recreational impacts of closing Rocky Point; Greg Bennett — said he did not live in Hermosa Beach but was a lifeguard; urged the Council to adopt Proposal No. 2, as shown in the proposed resolution; Vern Long — Redondo Beach, said he was a diver, currently lived on a sailboat in the marina and in the South Bay his whole life; supported Proposal No. 3 because he did not feel complete exclusion from the protected area truly addressed the problems; Leslie Page — Property Manager for the Redondo Beach Marina and Community Service Director for the Redondo Beach Chamber of Commerce, supported the proposed resolution to avoid loss of jobs and to allow children to fish in this area; said she supported the concept of the Marine Protection Act but believed Rocky Point should be excluded; said the deadline for adoption is October 21; Jose Bacallao — Hermosa Beach, submitted a social impact report from the Department of Fish and Game and did not support Proposal No. 2 described in the proposed resolution; said commercial and recreational anglers, along with environmentalists, scientists, and businessmen agreed this area needs to be protected but its use sustained; urged the Council to study the maps for Proposal Nos. 1 and 3; Seth Lawrence — said he was a dive instructor in waters off the Palos Verdes Peninsula and believed a small section of that area should be preserved because there were many places to fish; Shane Michael — Redondo Beach, provided an updated version of the proposed resolution from Redondo Beach presented with the staff report, which includes financial impacts, and urged the Council to adopt this updated version; asked that the Hermosa Beach Mayor and any available Councilmembers attend the Blue Ribbon meeting on Long Beach on this topic; and Mark Hanson - Hermosa Beach, said he was a delegate to the King Harbor Boaters Advisory Panel, providing boating recommendations to the City of Redondo Beach, and a Junior Staff Commodore for the Southern California Yachting Association, representing 94 yacht clubs and 50,000 boaters; he submitted documents from his association and from Assemblyman Ted Lieu supporting Proposal No. 2; because it was best for recreational boating and fishing and represented a compromise agreed upon from previously opposing factions; urged the Mayor and Councilmembers to attend the Blue Ribbon Task Force meeting. Action: To approve the staff recommendation to adopt Resolution No. 09- 6680, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE EXCLUSION OF THE ROCKY POINT AREA FROM THE PROPOSED SOUTH COAST City Council Minutes 10-13-09 Page 12767 • • MARINE POTECTED AREA" amended to include the recently received economic information. Motion Keegan, second Tucker. The motion carried by a unanimous vote, noting the absence of DiVirgilio. At 9:28 p.m., the order of the agenda went to item 6(a) e. PIER AVENUE IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated October 7, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jeff Duclos — Hermosa Beach, asked the Council to compare the staff reports for tonight's Council meeting and for the Council meeting on September 22, 2009, to see the major changes to cost and scope of work; said the process for the project has been flawed from the beginning and has excluded public opinion and legitimate differences of opinion; Dr. Ed Connaughton — Chiropractor on Upper Pier Avenue, said he was opposed to the project all along, there was not enough public involvement and the businesses were going to be hurt because they would not be able to afford to stay on Upper Pier Avenue; believed it was wrong to have two Councilmembers on the Upper Pier Advisory Committee; said there would be more drinking establishments and less restaurants, chiropractic offices, bike shops, etc., and less parking; said the City Council has a different vision than the people he has talked to. Action: To authorize staff to advertise for bids to construct CIP Project No. 04-116 Pier Avenue Improvement Project. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote, noting the absence of DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SOUTH BAY CITIES ECONOMIC SUMMIT MEETING. Memorandum from City Manager Stephen Burrell dated October 8, 2009. Action: To continue the item to the City Council meeting of December 8, 2009. Motion Tucker, second Mayor Bobko. The motion carried by a unanimous vote, noting the absence of DiVirgilio. At 10:10 p.m., the order of the agenda went to item 4, items removed from the consent calendar for separate discussion. City Council Minutes 10-13-09 Page 12768 • • 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS, BOARD OF APPEALS. Memorandum from City Clerk Elaine Doerfling dated October 5, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To advertise the Board of Appeals vacancy and invite applications from interested persons following normal publishing and posting procedures, with additional notices to be posted at the counters of the Community Development and Public Works departments. Motion Reviczky, second Tucker. The motion carried by a unanimous vote, noting the absence of DiVirgilio. 9. OTHER MATTERS - CITY COUNCIL a. Councilmember Tucker's request that staff be directed to provide a report asking the Council to consider whether or not the City of Hermosa Beach desired to begin the process again to establish a Local Coast Plan. Councilmember Tucker spoke to his request. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To direct staff to agendize a discussion of whether the City Council would like to begin again the process to establish a Local Coastal Plan. Motion Tucker, supported by Keegan and Mayor Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, October 13, 2009, at the hour of 10:24 p.m. to the Regular Meeting on Tuesday, October 27, 2009 at 6:00 p.m. City Council Minutes Depu City Clerk 10-13-09 Page 12769 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 27, 2009, at the hour of 6:34 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker Absent: Mayor Bobko ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 October 13, 2009. 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(a) Name of Case: Lorelei Fultz v. City of Hermosa Beach Case Number: 1005A00012 Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager Title: City Attorney ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 27, 2009, at the hour of 6:35 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:10 p.m., the Closed Session • adjourned to the Regular Meeting, which was called to order at 7:12 p.m. City Council Minutes 10-27-09 Page 12770 • • • PLEDGE OF ALLEGIANCE — Amy Keller CLOSED SESSION REPORT — City Attorney Jenkins reported nothing was added to the agenda, there were no public comments and no reportable actions. ANNOUNCEMENTS — Councilmember Keegan said a notification was received from Congressman Jane Harman's office that the Hermosa Beach Post Office will remain open so the planned October 29 rally has been canceled and he thanked everyone who helped. He announced a Halloween carnival at Valley School on Friday, October 30, at 5 p.m. and reminded everyone to vote on Tuesday, November 3. Councilmember Reviczky mentioned the 45 -year old petition which was discovered while making plans to save the Hermosa Beach Post office, stating that this closure had been threatened before. Councilmember Tucker said he was happy the Post Office was saved and said any resident can walk there, which helps reduce the City's carbon footprint. PRESENTATIONS PRESENTATION BY ROBERT FORTUNATO REGARDING HIS PLANS TO CONSTRUCT A NET -ZERO HOUSE AT 1556 PROSPECT AVENUE Robert Fortunato gave a PowerPoint presentation showing the process of converting his home to net -zero energy; said this was a family project that could be undertaken by anyone; said he partnered with Southern California Edison and others; said the Public Utilities Commission had established the year 2020 as a target for all new residential construction to be net -zero energy; said conserving water and decreasing runoff are elements of the project; said they gained much information from the West Basin Municipal Water District and the South Bay Environmental Services Center; said his project is being documented on a website and on facebook. Sherry Stone, a green building consultant, said products used are affordable and information will be shared with anyone who is interested. Kelly Ham, a designer involved with the project, said the plan included, among other things, improved insulation and captured rain water; said their goal was to educate others; gave an example of using heat emitted from the back of a refrigerator to heat water; said that systems were computer controlled. Scott Gobble, Southern California Edison, explained Edison's participation and how engineers and other experts, managed sunlight to make the home more efficient. City Council Minutes 10-27-09 Page 12771 • • PRESENTATION BY AMY KELLER, AMERICAN RED CROSS Amy Keller, a Hermosa Beach resident representing the American Red Cross, provided the Council with booklets describing the Ready Rating Program designed to allow schools and businesses to register at no cost to annually update an online emergency preparedness checklist; said previous readiness focus has been on homes but this program was launched because people spend much of their time at work or at school. The City Council suggested that Ms. Keller contact Dr. Bruce Newlin, Superintendent of the Hermosa Beach School District. City Manager Burrell said Ms. Keller would also be attending the next meeting of the City's Emergency Preparedness Advisory Commission. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications received. Coming forward to address the Council at this time were: Tim Beck — Heal the Harbor, Manhattan Beach, referred to a letter he wrote to the City regarding the efforts of his group to utilize the Hermosa Beach Post Office in order to save it; discussed a barrier of frozen sandbags for tsunami defense; favored opening a medical marijuana dispensary in Hermosa Beach; Jim Lissner — Hermosa Beach, asked the City Council to remove items 2 (e). (j) and (i) from the consent calendar for separate discussion. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (e) (i), (j) Keegan; (h) Reviczky; (b), (f), (k) Tucker; and (a) DiVirgilio Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. At 7:30 p.m., the order of the agenda went to item 6(a) (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING CITY COUNCIL MINUTES. Memorandum from City Clerk Elaine Doerfling dated October 21, 2009. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Council Minutes 10-27-09 Page 12772 • • Councilmember DiVirgilio expressed interest, in the future, when there is a heavy work load in the City Clerk's Office, to possibly use additional staff or additional time from current staff to turn over minutes at the speed to which the team is committed. Action: To receive and file the memorandum regarding City Council minutes. Motion Councilmember DiVirgilio, second Reviczky. The motion carried, noting the absence of Mayor Bobko. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57440 THROUGH 57579 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Councilmember Tucker noted the check register indicates some materials were purchased from a business outside the City and he reminded all department heads to support local businesses, not only for the sake of the local businesses but also because of the shorter staff time and distance traveled. Public Works Director Morgan responded to Council questions. Action: To ratify the check register as presented, and to approve the cancellation of check number 57151, as recommended by the City Treasurer. Motion Tucker, second Reviczky. The motion carried, noting the absence of Mayor Bobko. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (Mayor Bobko absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the September 2009 financial reports. (Mayor Bobko absent) City Council Minutes 10-27-09 Page 12773 • (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated October 14, 2009. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, opposed the use of stamped concrete for the Upper Pier Avenue project; said the rough surface would make it impossible to clean up chewing gum; Dency Nelson -- Hermosa Beach, reminded the City Council to make sure the green element is always considered in any City projects. (f) • • Public Works Director Morgan responded to Council questions. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of September 30, 2009, Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. RECOMMENDATION TO RECEIVE AND RLE THE FOLLOWING DATES FOR THE 2009-10 MIDYEAR BUDGET REVIEW AND THE 2010-11 BUDGET: MIDYEAR BUDGET REVIEW - TUESDAY, FEBRUARY 9, 2010 AT 7:00 P.M.; PRE -BUDGET MEETING WITH CITY COUNCIL - THURSDAY, FEBRUARY 25, 2010 AT 7:00 P.M.; AND, BUDGET WORKSHOP - THURSDAY, MAY 27, 2010 AT 7:00 P.M.. Memorandum from Finance Director \Iikr Copeland dated October 19, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting, offering suggestions for budget meetings he had learned about at a recent League of California Cities Conference. City Manager Burrell responded to Council questions. Action: To receive and file the following dates for the 2009-10 Midyear Budget Review and the 2010-11 Budget: Midyear Budget Review: (1) Midyear Budget Review - Tuesday, February 9, 2010 at 7:00 p.m.; (2) Pre -Budget Meeting with City Council Thursday, February 25, 2010 at 7:00 p.m,; and (3) Budget Workshop ,- Thursday, May 27, 2010 at. 7:00 p.m. (may be rescheduled later .because of a possible conflict with a South Bay Council of Governments meeting) Motion .Tucker, second Reviczky. The motion carried, noting the absence of Mayor Bobko, City Council Minutes 10-27-09 Page 12774 • The meeting recessed at 9:02 p.m. , The meeting reconvened at 9:05 p.m. • (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated October 20, 2009. Claimant: Brandeau, Claude Date of Loss: 09-21-09 Date Filed: 09-28-09 Allegation: Property Damage Action: To deny the claim and refer it to the City's Liability Claims Administrator. (Mayor Bobko absent) (h) RECOMMENDATION TO AUTHORIZE STAFF TO ISSUE A CHANGE ORDER TO ZONDIROS CORPORATION FOR CIP PROJECT NO. 08-425 SEWER REPAIRS FOR EXTRA WORK ENCOUNTERED DURING CONSTRUCTION; AUTHORIZE THE APPROPRIATION OF $107,730 FROM THE 160 SEWER FUND; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated October 20, 2009. A supplemental letter was received on October 26, 2009, from Howard Longacre. (i) This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To approve the staff recommendation to: (1) Authorize staff to issue a change order to Zondiros Corporation for CIP Project No. 08-425 Sewer Repairs for extra work encountered during construction; (2) Authorize the appropriation of $107,730 from the 160 Sewer Fund; and (3) Authorize the Director of Public Works to make changes as necessary within the project budget. Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 20, 2009. • This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. City Council Minutes 10-27-09 Page 12775 • • • Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, regarding Item No. 8 in the Planning Commission minutes, discussed the occupancy and parking of the property at 1200 Hermosa Avenue and disagreed with the Planning Commission's analysis of these issues; and Sandy Saemann — Hermosa Beach, agreed that the parking and occupancy issues for this item were incorrectly analyzed by the Planning Commission . and asked the Council to appeal the Commission's decision. (J) Action: To schedule a review and reconsideration of the approval of Item No. 8, CUP Amendment for 1200 Hermosa Avenue (formerly Club Sushi). Motion Keegan, second Tucker. The motion carried, noting the absence of Mayor Bobko. Further Action: To receive and file the action minutes of the Planning Commission meeting of October 20, 2009. Motion Reviczky, second Tucker. The motion carried, noting the absence of Mayor Bobko. RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT WITH TISCHLER-BISE IN THE AMOUNT OF $32,490 TO PROVIDE THE SEWER FINANCIAL PLAN AND RATE STUDY AND AUTHORIZE THE APPROPRIATION OF $32,490 FROM THE SEWER FUND 160 TO COVER AGREEMENT COST. Memorandum from Public Works Director Richard Morgan dated October 20, 2009. A supplemental letter was received on October 27, 2009, from Howard Longacre. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, asked for an explanation of what he considered to be an additional sewer fee; said this should have been agendized for a Public Works Commission meeting where it could have been aired more openly; said it should not be merely on a Council consent calendar (Council pointed out that the staff report for the April 14, 2009, Council meeting provided details). City Manager Burrell and Public Works Director Morgan responded to Council questions. Action: To continue the item to a special meeting devoted to this topic, in December or January, when new Councilmembers are seated. Motion Keegan, second Tucker. The motion carried, noting the absence of Mayor Bobko. City Council Minutes 10-27-09 Page 12776 • (k) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Memorandum from Finance Director Viki Copeland dated October 21, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Finance Director Copeland responded to Council questions. Coming forward to address the Council at this time was: Kathleen Midstokke- Hermosa Beach, said she was not opposed to this action but pointed out if the City waits until the State pays back the money, the State was offering 2% interest. (I) Action: To approve the staff recommendation to adopt Resolution No. 09- 6680, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH." Motion Tucker, second Keegan. The motion carried, noting the absence of Mayor Bobko. RECOMMENDATION TO ACCEPT THE AWARD OF $15,000 FROM THE FIREMAN'S FUND INSURANCE COMPANY HERITAGE PROGRAM GRANTED TO THE HERMOSA BEACH FIRE DEPARTMENT AND INCREASE THE REVENUE THE SAME AMOUNT; AND, AUTHORIZE AN APPROPRIATION TO BE PRESENTED IN THE 2009/10 BUDGET AND THE EXPENDITURE OF $15,000 FOR THE PURCHASE OF FIREFIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE), CHAIN SAWS, MICRO ECG/BP/02 SATURATION MONITOR, WILDLAND FIREFIGHTING EQUIPMENT, PUMP INTAKE VALVES, AND SCBA LOCKING MECHANISMS. Memorandum from Fire Chief David Lantzer dated October 21, 2009. Action: To approve the staff recommendation to: (1) Accept the award of $15,000 from the Fireman's Fund Insurance Company Heritage Program granted to the Hermosa Beach Fire Department and increase the revenue the same amount; and, (2) Authorize an appropriation to be presented in the 2009/10 budget and the expenditure of $15,000 for the purchase of firefighter personal City Council Minutes 10-27-09 Page 12777 • • (m) protective equipment (PPE), chain saws, micro ECG/BP/02 saturation monitor, wildland firefighting equipment, pump intake valves, and SCBA locking mechanisms. (Mayor Bobko absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF SEPTEMBER 21, 2009. Action: To receive and file the action minutes of the Green Task Force meeting of September 21, 2009. (Mayor Bobko absent) 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (b), (e), (f), (h), (i), (j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:39 p.m., the order of the agenda went to item 9(a). 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. AMENDMENT TO NOISE ORDINANCE REGARDING CONSTRUCTION NOISE. Memorandum from Community Development Director Ken Robertson dated October 21, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1302, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.24 (NOISE CONTROL) OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PERMISSIBLE HOURS OF CONSTRUCTION. " Motion Keegan, second Reviczky. The motion carried, noting the absence of Mayor Bobko. • b. HOME REMODEL AND EXPANSION FOR "NET -ZERO" ENERGY EFFICIENT HOME AT 1556 PROSPECT AVENUE. Memorandum from Community Development Director Ken Robertson dated October 7, 2009. City Council Minutes 10-27-09 Page 12778 • Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Robert Fortunato — Hermosa Beach, thanked the Council for considering the fee waivers; said he was willing to hold tours of the house, during and after construction, and make his findings public to provide understanding of the methodology and techniques; said he had put $65,000 of his own money into the project; said he could not take on this challenge without his partners and appreciated the support; and Dency Nelson — Hermosa Beach, former Chair of the Green Building Committee, said Mr. Fortunato's home would have a lower carbon footprint and would be a teaching showcase for the community; said because of these factors and the additional cost he is facing, it would be appropriate for the City to waive fees. Proposed Action: To continue to a meeting in the future when all Councilmembers are present. Motion Keegan. second DiVirgilio. The motion was replaced by a substitute motion. Action: To reduce the building permit fee to $1.00 and to waive all other fees except for those the City is required to pay. Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Reviczky and the absence of Mayor Bobko. c. LETTER FROM JILL QUATRALE DBA CHILLY JILLY'Z ICE CREAM VENDOR REQUESTING THREE (3) PERMANENT LOCATIONS IN THE CITY TO OPERATE THE BUSINESS. Memorandum from City Manager Stephen Burrell dated October 21, 2009. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jill Quatrale — Owner of Jilly Chilly'z Ice Cream and Hermosa Beach resident, said she would be happy with one permanent location and hoped to be able to help choose it; said she has sold her prepackaged and novelty ice cream for children while doing her best to adhere to the Code and not take business away from others; said one of her preferred locations would be Clark Field and, if this is allowed, she would donate a percentage of her sales to the Little League; said she had contacted the Farmers' Market but they already have a gelato stand and don't want competition. Action: To receive and file the request without any action. City Council Minutes 10-27-09 Page 12779 • Motion Reviczky, second Keegan. The motion carried, noting the absence of Mayor Bobko. • d. CODE AMENDMENT TO CHAPTER 5.74 (MASSAGE THERAPY BUSINESSES). Memorandum from Community Development Director Ken Robertson dated October 15, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1303, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.74 (MASSAGE THERAPY BUSINESS) OF THE HERMOSA BEACH MUNICIPAL CODE. " Motion Reviczky, second Tucker. The motion carried, noting the absence of Mayor Bobko. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITYWIDE HOME SAFETY EMERGENCY PLAN BOOKLET DISTRIBUTION. Memorandum from City Manager Stephen Burrell dated October 21, 2009. City Manager Burrell presented the staff report, responded to Council questions. Action: To approve and acknowledge the effort of the Emergency Preparedness Advisory Commission (EPAC) concerning distribution of the Emergency Plan Booklet to each home in the City. Motion Keegan, second Reviczky. The motion carried, noting the absence of Mayor Bobko. At 8:25 p.m., the agenda went to item 4, consent calendar items removed for separate discussion. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to ask the Green Task Force to develop a program for recycling compact fluorescent lighting (CFL) and report back. • Councilmember Tucker spoke to his request. Coming forward to address the Council on this item were: City Council Minutes 10-27-09 Page 12780 • Jim Lissner — Hermosa Beach, said he believed the Hazardous Household Waste Roundups take these; Kathleen Midstokke — Hermosa Beach, said most people don't know they can't put these in their trash; asked why Hermosa Beach's current trash hauler does not take plastic bags and when green waste would be added to the pickup (City Manager Burrell said he believed the plastic bag restriction was for recycling only and green waste could be a topic when the trash hauler contract comes up for renewal. Action: Council consensus was to direct staff to investigate disposal locations for these items, if there are any, and report back to the Council at a future meeting. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, October 27, 2009, at the hour of 10:00 p.m. to the Regular Meeting on Tuesday, November 10, 2009 at 6:00 p.m. • City Clerk • (.} Deputy City Clerk City Council Minutes 10-27-09 Page 12781 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 10, 2009, at the hour of 6:39 p.m. ROLL CALL: Present: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 October 27, 2009. 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(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 10, 2009, at the hour of 6:40 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:12 p.m. PLEDGE OF ALLEGIANCE — Gary Brutsch APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION — NOVEMBER 2009. Memorandum from City Clerk Elaine Doerfling dated November 4, 2009. A. Designate Mayor for a term ending September 14, 2010. Action: To designate Mayor Pro Tempore Michael DiVirgilio as Mayor for a term ending September 14, 2010. City Council Minutes 11-10-09 Page 12782 • Motion Keegan, second Mayor Bobko. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending September 14, 2010. Action: To designate Councilmember Peter Tucker as Mayor Pro Tempore for a term ending September 14, 2010. Motion Mayor Bobko, second Reviczky. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor DiVirgilio to the Los Angeles County — City Selection Committee; to appoint Mayor DiVirgilio to the South Bay Cities Sanitation District Board of Directors and Councilmember Tucker as alternate director. Motion DiVirgilio, second Keegan . The motion carried by a unanimous vote. Further Action: To continue appointment of the remaining assignments to the Council meeting of December 8, 2009. Motion Mayor DiVirgilio, second Keegan. The motion carried by a unanimous vote. PRESENTATION TO COUNCILMEMBER REVICZKY Outgoing Mayor Bobko said it was a pleasure to serve with Councilmember Reviczky, believed there was no finer representative of a civil servant and presented him with an unofficial key to the City. Councilmember Reviczky expressed his appreciation. PRESENTATION OF PLAQUE TO OUTGOING MAYOR Incoming Mayor DiVirgilio presented a plaque to outgoing Mayor Bobko and thanked him for his service on behalf of residents. COMMENTS BY OUTGOING MAYOR Outgoing Mayor Bobko thanked residents for an opportunity to serve another term; said there would be challenges but the Council would meet them. COMMENTS BY INCOMING MAYOR Mayor DiVirgilio said he was humbled to serve one of the most remarkable communities in the world; thanked residents who elected him; and his wife Danay for her love and support; acknowledged his family around the country and Councilmember elect Howard Fishman and Jack Burns and Carlene Beste, School Board Members elect in the audience, noting that Councilmember elect was out of town. He said the Macpherson case would be going to the appellate City Council Minutes 11-10-09 Page 12783 • board on December 7; said the budget is going to be a tough one but he was hopeful the Council would be creative; said the Upper Pier Avenue project would begin in January and possibly be completed by July 4. He mentioned beach rest rooms improvements, management of storm water, environmental enhancements and encouragement of the business community; and, praised community service groups. He said he would enforce the three-minute rule for Council meeting speakers to encourage residents to provide input and would provide as much information as possible about Closed Sessions meetings without jeopardizing legal strategy. He reminded residents to honor our military forces tomorrow on Veteran's day. COMMENTS BY OTHER COUNCILMEMBERS Councilmember Tucker congratulated Mayor DiVirgilio and thanked him for his inspiring comments; said he saw new energy in his leadership and knew the Council would work together with the challenges ahead. Councilmember Reviczky congratulated Mayor DiVirgilio on becoming Mayor and thanked outgoing Mayor Bobko for his exemplary leadership and representing the City with grace. Councilmember Keegan congratulated Mayor DiVirgilio and said he knew he would do a great job. He also congratulated outgoing Mayor Bobko on his re- election and said he was proud to call him a friend. Outgoing Mayor Bobko said he admired Councilmember Reviczky his for his eloquence and common touch and hoped these qualities would be present in Councilmembers following him. To Councilmember Keegan, he said it was a pleasure serving with him. He said he looked forward to Mayor DiVirgilio's leadership, enthusiasm and refreshing ideas. The meeting recessed at 7:34 p.m. The meeting reconvened at 7:52 p.m. ANNOUNCEMENTS — Councilmember Reviczky invited the community to the Veteran's Day candlelight ceremony at 5:30 the following evening, at the Veteran's Memorial on the Community Center lawn. He announced the passing of John McTaggart, his good friend and former Rancho Palos Verdes Councilmember for 20 years, who was instrumental in the incorporation of RPV and active in Hermosa Beach's Sister Cities Association. He asked that the meeting be adjourned in memory of John McTaggart. Mayor pro tem Tucker said the 17th Annual Beach Cities Toy Drive for needy children, co -partnered with Manhattan Beach, would hold its wrapping party at 11 a.m. on December 19 at the Hermosa Beach Community Center; said unwrapped toys could be dropped off at fire stations for the two cities. City Council Minutes 11-10-09 Page 12784 • Mayor DiVirgilio acknowledged two newly elected Manhattan Beach Councilmembers who were present, Richard Montgomery and Wayne Powell, and asked that the meeting be adjourned in memory of William Wesley Egerer and Kathleen Berlin Egerer, husband and wife Hermosa Beach residents who passed away within days of each other. PUBLIC PARTICIPATION Coming forward to address the Council at this time were: Tim Beck — Heal the Harbor, Manhattan Beach, said Hermosa Beach needs both European and Muslim style beaches near LAX to increase tourism; Jack Janken — detailed reasons he believed Councilmember Keegan was not re-elected; said he needed to do this for closure for himself; City Attorney Jenkins responded to Council questions. A.C. Agajanian — Hermosa Beach, said he believed every member of the City Council did their best; said Councilmember Keegan worked hard, maybe harder than most, to accomplish what he believed to be important goals for the City; said it was inevitable that Councilmembers would draw both praise and criticism from residents. • 2. CONSENT CALENDAR • Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (f) Reviczky and (i) Tucker. Motion Reviczky, second Keegan The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 8, 2009. Action: To approve minutes of the regular meeting of the City Council held on September 8, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57580 THROUGH 57710. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives City Council Minutes 11-10-09 Page 12785 • Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated November 3, 2009. Action: To receive and file report of Customer Service Surveys/Complaints. (e) RECOMMENDATION TO AUTHORIZE ISSUANCE OF PURCHASING DOCUMENTS IN THE AMOUNT OF $8.248.53 PLUS TAX TO SAFEWAY SIGN CO. OF ADELANTO, CALIFORNIA FOR PARKING SIGNS, POLES AND HARDWARE REFLECTING THE REVISED PARKING HOURS IN THE PARKING DISTRICT. Memorandum from Public Works Director Richard Morgan dated November 2, 2009. • (0 • Action: To authorize issuance of purchasing documents in the amount of $8.248.53 plus tax to Safeway Sign Co. of Adelanto, California for parking signs, poles and hardware reflecting the revised parking hours in the parking district. RECOMMENDATION TO ACCEPT DONATION OF $250.00 FROM BARTEL ASSOCIATES, LLC (CITY ACTUARY FOR OPEB BENEFITS) TO BE USED FOR THE VETERANS' MEMORIAL MAINTENANCE. Memorandum from Finance Director Viki Copeland dated November 2, 2009. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept donation of $250.00 from Bartel Associates, LLC (City Actuary for OPEB Benefits) to be used for the Veterans' Memorial maintenance. Motion Reviczky, second Tucker. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF OCTOBER 21, 2009. Action: To receive and file the action minutes of the Public Works Commission meeting of October 21, 2009. City Council Minutes 11-10-09 Page 12786 • (h) RECOMMENDATION TO APPROVE THE BID SUBMITTED BY ADAMSON POLICE PRODUCTS TO PURCHASE POLICE BODY ARMOR FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli. (i) G) Action: To approve the bid submitted by Adamson Police Products to purchase police body armor for the Police Department. RECOMMENDATION TO APPROVE AN INCREASE IN THE BUDGET AMOUNT FROM $15,000 TO $16,500 FOR A "BIG BAND" ON NEW YEAR'S EVE ON THE PIER PLAZA. Memorandum from City Manager Stephen Burrell dated November 2, 2009. Supplemental letter received from Howard Longacre on November 9, 2009. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve an increase in the budget amount from $15,000 to $16,500 for a "Big Band" on New Year's Eve on the Pier Plaza. Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Keegan. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF OCTOBER 5, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of October 5, 2009. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1302 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.24 (NOISE CONTROL) OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PERMISSIBLE HOURS OF CONSTRUCTION. For adoption. Memorandum from City Clerk Elaine Doerfling dated November 3, 2009. Action: To waive full reading and adopt Ordinance No. 09-1302. Motion Reviczky, second Keegan. The motion carried by the following vote: AYES: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio NOES None ABSENT None City Council Minutes 11-10-09 Page 12787 ABSTAIN None • b. ORDINANCE NO. 09-1303 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.74 (MASSAGE THERAPY BUSINESS) OF THE HERMOSA BEACH MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated November 3, 2009. Action: To waive full reading and adopt Ordinance No. 09-1303. Motion Reviczky, second Keegan. The motion carried by the following vote: AYES: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio NOES None ABSENT None ABSTAIN None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of John McTaggart and William and Kathleen Egerer, on Tuesday, November 10, 2009, at the hour of 8:14 p.m. to the Regular Meeting on Tuesday, November 24, 2009 at 6:00 p.m. 0 ,__.„ ,. • 2, City Clerk / Deputy Citytlerk City Council Minutes 11-10-09 Page 12788 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, November 17, 2009, at the hour of 7:33 a.m. ROLL CALL: Present: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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: Case Number: Ramirez v. City of Hermosa Beach et al YC052333 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 17, 2009, at the hour of 7:34 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, November 17, 2009, at the hour of 7:35 a.m. At the hour of 8:00 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 17, 2009, at the hour of 8:01 a.m. to the Regular Meeting of November 24, 2009 at 6:00 p.m. —Deputy City Clerk City Council Minutes 11-17-09 Page 12789 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of iHermosa Beach, California, held on Tuesday, November 24, 2009, at the hour of 6:02 p.m. ROLL CALL: Present: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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: a. Approval of minutes of Closed Session meeting held on November 10, 2009; and, b. Approval of minutes of Closed Session meeting held on November 17, 2009. 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(a) Name of Case: Case Number: Fultz v. City of Hermosa Beach 1005A00012 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager Title: City Attorney ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 24, 2009, at the hour of 6:03 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:40 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:03 p.m. PLEDGE OF ALLEGIANCE — George Schmeltzer City Council Minutes 11-24-09 Page 12790 CLOSED SESSION REPORT — As the Mayor announced City Attorney Jenkins's IIreport, he said there would be slightly more detail in this and future closed session reports. • • City Attorney Jenkins said there had been two closed sessions since the Council's last regular meeting, one on Tuesday morning, November 17 and one before tonight's regular meeting. At the November 17 closed session, at which there were no public comments, Ramirez v. City of Hermosa Beach was discussed, a case in which one of the city's police officers sued the City. The City prevailed at trial and the Council was briefed on what might happen next procedurally. There were no reportable actions. The meeting earlier this evening had no public comments and there were two matters on the agenda. The first was Fultz v. City of Hermosa Beach, which is a personal injury case against the City. There were no reportable actions. After that discussion, he and the City Manager were excused and the Council discussed their performance evaluations. CANVASS OF VOTES AND INSTALLATION OF OFFICERS City Clerk Doerfling presented the staff report and responded to Council questions. Supplemental certified statement of the elections results received on November 24, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6681, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 3, 2009, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Tucker, Reviczky second. The motion carried by a unanimous vote. COUNTY AND STATE PRESENTATIONS TO OUTGOING ELECTED OFFICIALS CITY OF MANHATTAN BEACH Mitch Ward, on behalf of the Manhattan Beach City Council and Staff, congratulated newly elected members Howard Fishman and Jeff Duclos and re-elected Kit Bobko. He also offered best wishes for the outgoing Councilmembers, Michael Keegan and J.R. Reviczky and said it had been a pleasure to work with them. CONGRESSWOMAN JANE HARMAN'S OFFICE Rebecca Quinn from Congresswoman Harman's office presented a certificate for eight years of service on the City Council to Michael Keegan. To J.R. Reviczky, she presented a document indicating his 16 years of service on the Council had been City Council Minutes 11-24-09 Page 12791 entered into the Congressional Record. She also offered congratulations to Howard • Fishman, Jeff Duclos and Kit Bobko. • SENATOR JENNY OROPEZA'S OFFICE Primo Castro, from Senator Oropeza's office congratulated Councilmembers Fishman, Duclos and Bobko and paid tribute to J.R. Reviczky and Michael Keegan, saying he knew they would be visible in the community for many years to come, and presented to the outgoing Councilmembers framed State resolutions from Senator Oropeza and Assemblyman Lieu's office. ASSEMBLYMAN TED LIEU'S OFFICE Irving Pacheco from Assemblyman Lieu's office presented a joint State resolution from Senator Oropeza's office as well and wished continued success and best wishes to J.R. Reviczky and Michael Keegan; said Hermosa Beach was the jewel of the South Bay in part because of the tireless work of these gentlemen. He also congratulated Councilmembers Fishman, Duclos and Bobko. SUPERVISOR DON KNABE'S OFFICE Steve Napolitano from Supervisor Knabe's office congratulated Councilmembers Fishman, Duclos and Bobko and commented on the great relationship the two outgoing Councilmembers Reviczky and Keegan had with Supervisor Knabe and the joint projects they accomplished for the City of Hermosa Beach. CITY PRESENTATION TO OUTGOING ELECTED OFFICIALS MAYOR PRESENTS TILE PLAQUE TO MICHAEL KEEGAN Mayor DiVirgilio presented a City tile to outgoing Councilmember Keegan and said he looked forward to his continuing to being an active contributor to community. MICHAEL KEEGAN — OUTGOING COMMENTS Outgoing Councilmember Keegan thanked his wife Lynn and daughter Juliann for their love and support, as well as his brother Earl and his family; thanked residents for electing him for two Council terms; said this election, with misrepresentation of him, was difficult but he appreciated the support he received, stood by his convictions and would not change anything; said he was proud of his service of eight years on the Council and two on the Public Works Commission; said his efforts to improve the City's revenue proved he was not afraid to take a tough stand and he would continue to participate in the community while running his local business and spending more time with his family; said he had learned much from outgoing Councilmember Reviczky, one of his closest colleagues. COMMENTS BY COLLEAGUES Mayor pro tem Tucker thanked outgoing Councilmember Keegan for the privilege of serving with him; said he taught him much about dealing with the State government aand he would remain active in the community; City Council Minutes 11-24-09 Page 12792 • • Councilmember Bobko said outgoing Councilmember Keegan brought good financial knowledge to the Council, had a gift of seeing the global perspective and would be missed; said he considered him a friend first and a colleague second. Mayor DiVirgilio said outgoing Councilmember Keegan offered expertise in finance issues and dealing with the State government and said he would miss him as a colleague and looked forward to continued friendship. MAYOR PRESENTS TILE PLAQUE TO J.R. REVICZKY In response to the Mayor's presentation, outgoing Councilmember Reviczky said it was an honor to serve with his Council colleagues expressed appreciation to City staff and thanked residents for the honor to serve them. J.R. REVICZKY — OUTGOING COMMENTS Outgoing Councilmember Reviczky congratulated Councilmembers Fishman, Duclos and Bobko and said he would miss outgoing Councilmember Keegan, especially for his dealing with State politics. He said while serving on the City Council and the Parks & Recreation Commission, he had tried to represent all the people and thanked residents for electing him four times; said he tried to educate himself on every issue because the people deserved nothing less; said he had experienced fantastic opportunities, including attending the most recent presidential inauguration; thanked his fellow Councilmembers, City staff, the press, the citizens and his wife for allowing him to do what he loved. COMMENTS BY COLLEAGUES Councilmember Bobko said he would miss the teasing with outgoing Councilmember Reviczky and his homespun elegance; said he hoped he could borrow his phrase of governing as he would want to be governed. Mayor pro tem Tucker said he and outgoing Councilmember Reviczky have known each other a long time, going back to Little League days with their children and fundraising for the Veteran's Memorial; said outgoing Councilmember Reviczky is the heart of Hermosa and everything he does is for the City, not himself; said they would continue to see him at the Pancake Breakfast, the Beach Cities Toy Drive and believed outgoing Councilmember Reviczky was one of the most outstanding community leaders he had encountered. Outgoing Councilmember Keegan thanked outgoing Councilmember Reviczky for being involved in every major project in the City for the last 25 years, including rewiring the Historical Museum; said he had volunteered more than anyone in the City and set an example for all other residents. Mayor DiVirgilio said outgoing Councilmember Reviczky had shown amazing leadership and it had been his privilege to serve with him for the last two years; said his dedicated enthusiasm was a great benefit to the City. City Council Minutes 11-24-09 Page 12793 Outgoing Councilmember Reviczky invited everyone to a celebration/retirement II party at the Clark building. • OUTGOING OFFICIALS DEPART THE DAIS OATH OF OFFICE TO INCOMING OFFICIALS — CERTIFICATE OF ELECTION City Clerk Elaine Doerfling gave the oath of office and presented Certificates of Election to Howard Fishman, Jeff, Duclos and Kit Bobko. The newly elected officials were then seated on the dais. FISHMAN REMARKS Councilmember Fishman said the campaign and victory had been quite an emotional ride; congratulated Councilmembers Keegan and Reviczky on a great job representing the community and he wished them well in their future endeavors; he recalled the election he won four years previously and the circumstances which made it impossible for him to serve; acknowledged his wife Kathy, said he loved her and knows she is present at this time; thanked his son Aaron for encouraging him to run again; said he was appreciative of a second chance; he thanked everyone who worked on his campaign and expressed his appreciation to his friends in the audience from his recently retired employment with the City of Manhattan Beach; said also present in the audience were Kelly McDowell, Mayor of El Segundo and his friends from the City of Torrance; said he would do his best to deserve the honor he was given. DUCLOS REMARKS Councilmember Duclos extended his thanks to outgoing Councilmembers Keegan and Reviczky for their years of service to the City; said he was grateful to the community for electing him and would honor their trust; said he looked forward to contributing to solving the upcoming City challenges. He thanked Christine, his wife of 38 years and his two adult children, one of which just made him a grandfather; thanked Larry Fox for his help with the campaign and said he was humbled by the opportunity to serve the City he had loved and lived in for 38 years. BOBKO REMARKS Councilmember Bobko said that being on the City Council is a team sport two members have been traded and he looked forward to the new team members. TUCKER REMARKS Mayor pro tem Tucker congratulated the election winners but wanted to praise all the candidates because it is an arduous task to run for office. DIVIRGILIO REMARKS Mayor DiVirgilio offered congratulations and said he looked forward to the enthusiasm and passion of new ideas; said he is confident and excited about the year ahead. City Council Minutes 11-24-09 Page 12794 • The meeting recessed at 8:02 p.m. The meeting reconvened at 8:20 p.m. ANNOUNCEMENTS - Councilmember Duclos acknowledged newly elected School Board Member Ray Water in the audience. Mayor pro tem Tucker said the wrapping party for the 17th Annual Beach Cities Toy Drive, co-sponsored with Manhattan Beach, would be at 11:00 a.m. on Saturday, December 19, at the Hermosa Beach Community Center, with all participants receiving a collectible T-shirt and food. He said donations can be dropped off at Fire Stations for both cities. PRESENTATIONS PRESENTATION TO THE HERMOSA VIEW AND HERMOSA VALLEY "GREEN DOLPHIN" STUDENTS OF THE MONTH Elizabeth Riley, parent and School District Green Representative, said the Student of the Month is selected based on walking to school and packing a trash -free lunch. Also school families are being encouraged to support the "Day Without a Bag" program and the district is giving away about 600 reusable bags and has planted a native garden as a demonstration of water conservation. The Mayor presented City pins to Troy Dietz and Darren Ng, Students of the Month. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, was opposed to the lack of notice to the neighborhood about the new 24-hour athletic club which opened on Pacific Coast Highway; was disappointed that the Candidate debates had been removed from the City's website on the Granicus page; opposed the new sewer fee being discussed by the Public Works Commission and suggested instead that the bars be taxed; and Jack Janken — Hermosa Beach, said he was happy Jeff Duclos and Howard Fishman had been elected and would be serving along with Pete Tucker which he felt would end the violation of the Brown Act, the illegal three-minute limit for speakers at City Council meetings. City Attorney Jenkins responded to Council questions. • 2. CONSENT CALENDAR: City Council Minutes 11-24-09 Page 12795 • Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2 (h) Tucker. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 22, 2009. Action: To approve minutes of the regular meeting of the City Council held on September 22, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57711 THROUGH 57830. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the October 2009 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 6, 2009. (f) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 6, 2009. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 16, 2009. Action: To receive and file the Status Report of capital improvement projects 0 that are either under design or construction as of September 30, 2009. City Council Minutes 11-24-09 Page 12796 (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE PLANNING COMMISSION MEETING OF NOVEMBER 17, 2009. • Action: To receive and file the action minutes of the Planning Commission meeting of November 17, 2009. (h) RECOMMENDATION TO ADOPT RESOLUTION CONFIRMING THAT "FORTUNE TELLING" IS SIMILAR TO OTHER USES PERMITTED IN SPECIFIC PLAN AREA NO. 11 (UPPER PIER AVENUE) AND DOWNTOWN COMMERCIAL (C-2) ZONES AND SHALL BE PERMITTED WITHOUT A CONDITIONAL USE PERMIT. Memorandum from Community Development Director Ken Robertson dated November 16, 2009. (i) This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. Community Development Director Robertson responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 09- 6684, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THAT `FORTUNE- TELLING' IS SIMILAR TO OTHER USES PERMITTED IN SPECIFIC PLAN AREAS NO. 11 (UPPER PIER AVENUE) AND DOWNTOWN COMMERCIAL (C-2) ZONES WITHOUT A CONDITIONAL USE PERMIT." Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT RESOLUTION TO DECLARE SUPPORT FOR AND ANNOUNCE THE CITY'S PARTICIPATION IN "A DAY WITHOUT A BAG" ON DECEMBER 17, 2009 AND THE "BRAG ABOUT YOUR BAG" CAMPAIGN. Memorandum from Community Development Director Ken Robertson dated November 16, 2009. Action: To approve the staff recommendation to adopt Resolution No. 09- 6682, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PARTICIPATE IN "A DAY WITHOUT A BAG" (AND "BRAG ABOUT YOUR BAG") CAMPAIGN TO REDUCE SINGLE -USE BAGS." (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF NOVEMBER 9, 2009. Action: To receive and file the action minutes of the Green Task Force meeting of November 9, 2009. At 8:45 p.m. the order of the agenda went to public hearing item 5(a). City Council Minutes 11-24-09 Page 12797 • • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:13 p.m., the order of the agenda went to item 7(a). 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO AMEND THE CONDITIONAL USE PERMIT AND PARKING PLAN TO ALLOW MINOR ALTERATIONS AND TO UPDATE AND CLARIFY THE CONDITIONS OF APPROVAL RELATING TO OCCUPANCY OF AN EXISTING RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT AT 1200 HERMOSA AVENUE, FORMERLY "CLUB SUSHI". Memorandum from Community Development Director Ken Robertson dated November 18, 2009. Supplemental email received from Sandy Saemann on November 24, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. Exparte communications were disclosed as follows: Mayor DiVirgilio said he had a conversation with two of the owners of the property but learned nothing that was not already addressed in the packet. Mayor pro tem Tucker said he had met with the owners and toured the project. Councilmembers Fishman and Duclos said they had met with the owners and looked at facilities. The public hearing opened at 8:58 p.m. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the Planning Commission discussion regarding parking and occupancy limitations was confusing and he discussed the details; urged the Council to overturn the Planning Commission decision; and Jack Janken — Hermosa Beach, quoted the Brown Act to support his opposition to the three-minute time limit for speakers at City Council meetings; City Council Minutes 11-24-09 Page 12798 • • The public hearing was closed at 9:05 p.m. Action: To approve the staff recommendation to adopt Resolution No. 09- 6683, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE CONDITIONAL USE PERMIT AND PARKING PLAN AMENDMENTS FOR MINOR ALTERATIONS AND TO UPDATE AND CLARIFY THE CONDITIONS OF APPROVAL RELATING TO OCCUPANCY OF AN EXISTING RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT, AT 1200 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH." Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 9:10 p.m., the order of the agenda went to item 4, items removed from the consent calendar for separate discussion. 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated November 10, 2009. Supplemental information was received from staff on November 24, 2009, indicating revenue lost from free holiday parking. City Manager Burrell presented the staff report and responded to Council questions. Action: To acknowledge the holiday parking program for up to three hours of free parking at all silver meters but, to reduce the amount of revenue lost, shorten the period to two weeks, from Sunday, December 13, 2009 through Friday, December 25, 2009. Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. CITY COUNCIL MEETING SCHEDULE FOR 2010. Memorandum from City Manager Stephen Burrell dated November 10, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the proposed schedule for the City Council meetings in 2010, as presented. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL City Council Minutes 11-24-09 Page 12799 • • • a. VACANCIES — BOARDS AND COMMISSIONS — UNEXPIRED TERM — EMERGENCY PREPAREDNESS ADVISORY COMMISSION — SCHEDULE INTERVIEWS. Memorandum from City Clerk Elaine Doerfling dated November 17, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To schedule a meeting at a time certain at 6:30 p.m. prior to the regular meeting of Tuesday, January 26, 2010 for the purpose of interviewing Emergency Preparedness Advisory Commission applicants for the unexpired term ending May 31, 2011, with appointments to follow at the regular City Council meeting. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, November 24, 2009, at the hour of 9:27 p.m. to the Regular Meeting on Tuesday, December 8, 2009 at 6:00 p.m. City Council Minutes Deputy City Clerk 11-24-09 Page 12800 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, December 8, 2009, at the hour of 5:50 p.m. • ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 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 24, 2009. 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(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 8, 2009, at the hour of 6:00 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:12 p.m. PLEDGE OF ALLEGIANCE — Sean Darcy CLOSED SESSION REPORT City Attorney Jenkins said there were no public comments and one item on the agenda, the Macpherson case. He said the oral appeal argument had lasted over an hour and the court had an interest in the case, which has gone on for over a decade. He said the judges had many questions and they have 90 days to issue a written decision to provide direction to the trial court. He concluded by stating that the decision might be rendered sooner and he would keep the community informed. City Council Minutes 12-08-09 Page 12801 ANNOUNCEMENTS — Councilmember Duclos announced the passing of Lt. Tim • Turek, a member of the Hermosa Beach Police Department since 1981; extended condolences to Lt. Turek's colleagues and family; asked that the meeting be adjourned in his memory. • • Councilmember Fishman said Historical Society Museum volunteers were being recognized at an event at the museum and reminded residents that the Historical Society is always seeking volunteers. Mayor pro tem Tucker reminded the community about the wrapping part for the 17th Annual Beach cities Toy Drive, co-sponsored by Manhattan Beach, at 11 a.m. on Saturday, December 19, at the Hermosa Beach Community Center; said there would be food and entertainment for the volunteers; said unwrapped toys were being accepted at the Manhattan Beach and Hermosa Beach Fire Stations. He noted poinsettias he provided decorating the Council Chambers would be given to City employees to express his appreciation for their dedication. Mayor DiVirgilio invited all residents to a candlelight vigil from 5:30 to 7:00 p.m. at the corner of Pier Avenue and Valley Drive to encourage the leaders in climate change talks in Copenhagen; asked the meeting be adjourned in memory of Hermosa Beach resident Margaret Kemp, who recently passed away, expressing condolences to her husband Parker; and also to adjourn in memory of Riyoko Shimane, a Hermosa Beach Library employee. POLICE CHIEF SAVELLI INTRODUCES K9 DOG KEEF AND HANDLER POLICE OFFICER GEORGE BRUNN Chief Savelli thanked the City Council for acknowledging the passing of Lt. Turek. He said the Santa Sleigh would be going through neighborhoods in the next couple of evenings and noted the specific route and schedule was posted in the City and Neighborhood Watch e-newslettters and also on those two websites. He also introduced Keef, Hermosa Beach's K9 police dog, and his handler Police Officer George Brunn. He said they had been working together for about a week and a half and Keef was present to demonstrate what he had learned in finding drugs. Officer Brunn gave a history of Keef and explained that a rolled -up towel saturated with marijuana aroma was hidden in the Council Chamber and Keef would locate it. Keef was successful in finding the towel. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Tim Beck of Heal the Harbor dated December 1, 2009 regarding several issues. No one came forward to address the Council on this letter and no action was taken. City Council Minutes 12-08-09 Page 12802 • • Coming forward to address the Council at this time were: Alex Benke — South Bay Coalition, Hermosa Beach, explained their organization's goal in partnership with schools and law enforcement to fight drug abuse and showed several versions of "the future is watching" posters; said their group meets the third Wednesday of each month in Torrance and encouraged investigation of their website http://www.sbcoalition.com/ for more information; Jack Janken — submitted a formal written complaint protesting the three- minute rule for public speakers at City Council minutes, stating that he believes this rule is a violation of the Brown Act. When Mr. Janken refused to summarize his remarks after receiving additional time after his three minutes had elapsed; a recess was called from 7:30 to 7:40 p.m. Tim Beck — Heal the Harbor, Manhattan Beach, disputed the concept of global warming as a negative issue because additional carbon dioxide makes plants grow faster; discussed freezing oil spills for cleanup; suggested Hermosa Beach establish a burka beach. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(g) Tucker, (I) Fishman. Motion Tucker, second Bobko. The motion carried by a unanimous vote. At 7:45 p.m., the order of the agenda went to public hearing item 5(a). (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on October 13, 2009; and, 2) Minutes of the Regular meeting held on October 27, 2009. Action: To approve, as presented, minutes of the regular meetings of the City Council held on October 13, and October 27, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 57831 THROUGH 58124 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented, and to approve the cancellation of check number 57937, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE • 1) Tentative Future Agenda Items; and, 2) City Council Directives City Council Minutes 12-08-09 Page 12803 • • • Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE CITIES OF EL SEGUNDO, MANHATTAN BEACH, REDONDO BEACH, AND TORRANCE FOR THE LOAN OF FIRE DEPARTMENT EQUIPMENT AND APPARATUS. Memorandum from Fire Chief David Lantzer dated November 23, 2009. Action: To approve an agreement between the City of Hermosa Beach and the cities of El Segundo, Manhattan Beach, Redondo Beach, and Torrance for the loan of Fire Department equipment and apparatus. (e) RECOMMENDATION TO ASSIGN THE AGREEMENT WITH CONEXUS TO PROVIDE CONSULTING SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT TO J.H. DOUGLAS & ASSOCIATES, EXTEND THE TERM OF SAID AGREEMENT TO DECEMBER 31, 2010, AND DIRECT THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR SERVICES. Memorandum from Community Development Director Ken Robertson dated December 1, 2009. (f) (g) Action: To approve the staff recommendation to: (1) Assign the Agreement with Conexus to Provide Consulting Services to Update the General Plan Housing Element to J.H. Douglas & Associates; (2) Extend the term of said Agreement to December 31, 2010; and (3) Direct the City Manager to execute an Amendment to the Agreement for Services. RECOMMENDATION TO SIGN THE MOU BETWEEN THE CITIES OF HAWTHORNE, MANHATTAN BEACH, AND HERMOSA BEACH TO PARTICIPATE IN A GRANT FROM THE OFFICE OF TRAFFIC SAFETY. Memorandum from Police Chief Greg Savelli. Action: To sign the MOU between the cities of Hawthorne, Manhattan Beach, and Hermosa Beach to participate in a grant from the Office of Traffic Safety. RECOMMENDATION TO ACCEPT DONATIONS FROM THE WOMAN'S CLUB OF HERMOSA BEACH OF $200.00 TO BE USED FOR THE TREE LIGHTING CEREMONY AND $200 TO BE USED FOR THE SAND SNOWMAN CONTEST. Memorandum from Finance Director Viki Copeland dated November 30, 2009. City Council Minutes 12-08-09 Page 12804 • • • This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the donations from the Woman's Club of Hermosa Beach of $200.00 to be used for the Tree Lighting Ceremony and $200 to be used for the Sand Snowman Contest. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 18, 2009. (i) Action: To receive and file the action minutes of the Public Works Commission meeting of November 18, 2009. RECOMMENDATION TO APPROVE THE SOUTH BAY CITIES COUNCIL OF GOVERNMENT THIRD AMENDMENT AND RESTATED JOINT POWERS AGREEMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated December 1, 2009. Action: To approve the South Bay Cities Council of Government Third Amendment and Restated Joint Powers Agreement and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. (j) RECOMMENDATION TO AUTHORIZE THE CITY OF HERMOSA BEACH TO ACCEPT A GRANT AWARD FOR EFFICIENCY UPGRADES TO CITY FACILITIES FROM THE CALIFORNIA ENERGY COMMISSION, UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM PER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. Memorandum from Public Works Director Richard Morgan dated December 1, 2009. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 09-6685, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ACCEPT A GRANT AWARD FOR EFFICIENCY UPGRADES TO CITY FACILITIES, FROM THE CALIFORNIA ENERGY COMMISSION, UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM PER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009." (2) Appoint and authorize the Director of Public Works as the authorized representative of the applicant (City of Hermosa Beach) to act in matters associated with the application. City Council Minutes 12-08-09 Page 12805 (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT 111 TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated December 2, 2009. (1) • (m) • Claimant: Rasmussen, Robert Date of Loss: 05-30-09 Date Filed: 11-24-09 Allegation: Loss of property/violation of civil rights Action: To deny the following claim and refer it to the City's Liability Claims Administrator. RECOMMENDATION TO RECEIVE AND FILE THE 2008-09 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), WHICH INCLUDES THE REPORT FROM CAPORICCI AND LARSON, THE CITY'S INDEPENDENT AUDITORS. Memorandum from Finance Director Viki Copeland dated December 1, 2009. This item was removed from the consent calendar by Councilmember Fishman for separate discussion later in the meeting. Finance Director Copeland responded to Council questions. Action: To receive and file the 2008-09 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, the City's independent auditors, and to schedule a meeting with Finance Director Copeland and the auditors with Councilmember Fishman and Councilmember Duclos to provide an opportunity to learn more about the CFR. Motion Councilmember Fishman, second Duclos. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) FORD CROWN VICTORIA POLICE INTERCEPTOR (CVPI) FOR THE POLICE DEPARTMENT FOR USE AS A DEDICATED K-9 POLICE PATROL VEHICLE AND APPROPRIATE AN ADDITIONAL $10,000 FROM THE ASSET SEIZURE AND FORFEITURE FUND TO THE POLICE DEPARTMENT K-9 PROGRAM. Memorandum from Police Chief Greg Savelli dated December 2, 2009. Action: To authorize the purchase of one (1) Ford Crown Victoria Police Interceptor (CVPI) for the Police Department for use as a dedicated K-9 police patrol vehicle and appropriate an additional $10,000 from the Asset Seizure and Forfeiture Fund to the Police Department K-9 Program. City Council Minutes 12-08-09 Page 12806 (n) RECOMMENDATION TO RECEIVE AND FILE THE "CITY OF HERMOSA • BEACH MUNICIPAL GREENHOUSE GAS EMISSIONS INVENTORY REPORT." Memorandum from Community Development Director Ken Robertson dated December 2, 2009. • Action: To receive and file the "City of Hermosa Beach Municipal Greenhouse Gas Emissions Inventory Report." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(g) and (1) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO ALLOW WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES SUBJECT TO STANDARDS, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, AND ADOPTION OF NEGATIVE DECLARATION. (Continued from the meetings of September 8, 2009 and October 13, 2009) Memorandum from Community Development Director Ken Robertson dated December 1, 2009. Supplemental information received from staff on December 8, 2009. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:55 p.m. Coming forward to address the Council on this item were: Dency Nelson — Hermosa Beach, congratulated the winners of the elections; said the Green Building Committee had requested a year ago that the Planning Commission discuss these wind energy devices and he was happy the Commission recommended approval for their use to the Council; felt it was wise to require a Conditional Use Permit; said the equipment will be getting quieter with further development; said solar is still more efficient and less expensive; said the climate change threat is dangerous; John Irwin — Windstream Technology, Manhattan Beach said he had a letter of intent with the City of Hermosa Beach for a pilot program; said the devices are made of recycled plastic and can be manufactured in any color, even clear to protect views; said they are only a meter high, no taller than a satellite dish, and sell for $150 per unit; said they make no noise and turn only as much as the wind is blowing; said they can be City Council Minutes 12-08-09 Page 12807 • • linked together, snapping together like legos; said they are currently being used in Indiana; Joe Galliani — Chair of the 350.org group, said approval of these devices would be intelligent, prudent action; said the South Bay was looking to Hermosa Beach, as the first to declare it was a cool city, to be the inspiration; said climate change is a real threat and this is another step in the City's reducing its carbon footprint; and Robert Fortunato — Hermosa Beach, said his family is developing a net zero energy home and office but don't have enough room on their roof for adequate solar panels; supported the small wind energy systems. The public hearing was closed at 8:05 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 09-1304, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO ALLOW SMALL WIND ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES SUBJECT TO STANDARDS, AND TO ALLOW SAID SYSTEMS TO EXCEED THE HEIGHT LIMIT, "but to reduce the maximum decibel level to 55 and clarify blade clearance as noted in Director Robertson's supplemental to the staff report. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. CIP 04-116, PIER AVENUE IMPROVEMENT PROJECT — REJECT THE BID PROTEST, AWARD THE CONSTRUCTION CONTRACT, APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, ENVIRONMENTAL MONITORING SERVICES GRANT ADMINISTRATIVE SERVICES, AND APPROPRIATE FUNDS. Memorandum from Public Works Director Richard Morgan dated December 1, 2009. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Ed Connaughton — Chiropractor of Upper Pier Avenue, read a petition from Upper Pier Avenue businesses favoring reconstruction and beautification but not the loss of storefront parking; said it was a bad time for an expensive project with the State on the verge of bankruptcy, the City of Hermosa with specific financial problems of its own and a national recession; said he favored eliminating the median and maintaining the current parking configuration; said the street would be closed down for six months and would cause customer loss. Dency Nelson — Hermosa Beach, said he favored keeping the current parking and eliminating the median; said he liked diagonal parking, the City Council Minutes 12-08-09 Page 12808 a • 1 previous single lane experiment and the potential for outside restaurant dining; felt trees in the median would obstruct the view to the ocean and dissuade businesses from converting to solar power; liked the efficiency lighting; Jerry Gross — Upper Pier Avenue Committee, said the median was for safety, not aesthetics, to serve as a pedestrian refuge and a traffic calming device; said the committee made compromises and was proud of their finished recommendation; Dean Nota — Upper Pier Avenue Committee, said the median made a safer crossing for this very wide street, 10 feet wider than Pacific Coast Highway; said the overall plan as approved would be great for the City; and Janice Yates — Marineland Mobile Home Park, said open communication proposed by Director Morgan would help a lot during the construction process; compared it to the gym construction at the school near them when they had cell phone numbers to call for complaints. Action: To approve the staff recommendation to: 1. Deny the protest received from Sully -Miller (the second lowest bidder) and waive the minor irregularities in the Pima bid identified in Sully - Miller's protest; 2. Award the Construction Contract to Pima Corporation for the total base bid contract amount of $2,951,361 and approve inclusion of Bid Alternates Al & A2 for an additional contract amount of $155,580 for a total contract amount of $ 3,106,941 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 3. Approve the attached Professional Services Agreement for construction management and inspection services between the City of Hermosa Beach and Harris and Associates for a fee not to exceed $296,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 4. Approve the attached First Amendment to the Professional Services Agreement between the City of Hermosa Beach and Geosyntec Consultants Inc. to provide environmental monitoring for an increase in scope of services and contract amount of $114,600 for Project No. CIP 04-116 Pier Avenue Improvement Project and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 5. Approve the attached first amendment to the Professional Services Agreement with Kathleen McGowan, P.E. to provide Grant Administration Services and Reporting as required by the ARRA Grant Funding Agreement with the State Water Resources Control Board for an increased fee of $45,000 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 6. Authorize the appropriation of $1,265,000 from 150 State Revolving Funds and the corresponding revenue; City Council Minutes 12-08-09 Page 12809 • 7. Authorize the additional appropriation of $217,143 from 145 Proposition A Funds for a total appropriation of $417,143; 8. Authorize the additional appropriation of $873,489 from the 146 Proposition C Funds for a total appropriation of $2,360,740; 9. Authorize the appropriation of $181,250 from the Proposition 42 Fund Reserve in the State Gas Tax Fund; 10. Consider appointing a two -member subcommittee to interact with staff on this project; 11. Authorize the Director of Public Works to make changes as necessary within the project budget; 12. Appoint an Upper Pier Avenue Project subcommittee comprised of Councilmember Bobko and Mayor pro tem Tucker 13. Authorize $15,000 to hire a public relations firm. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote of Duclos. An amendment to the above motion was offered by Councilmember Duclos to use stamped concrete instead of asphalt, to eliminate the center median and to maintain diagonal parking but it died for lack of a second. Mayor pro tem Tucker presented the Mayor with a golden shovel to celebrate the granting of contracts to complete this project. • The meeting recessed at 9:54 p.m. The meeting reconvened at 10:14 p.m. • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SOUTH BAY CITIES ECONOMIC SUMMIT MEETING. Memorandum from City Manager Stephen Burrell dated December 1, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to schedule a meeting with the Mayors of Hermosa Beach, Redondo Beach, and Manhattan Beach, as well as a Councilmember from each of the three cities. Motion Tucker, second Bobko. The motion carried by a unanimous vote. b. RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010. Memorandum from City Manager Stephen Burrell dated December 1, 2009. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 12-08-09 Page 12810 • • Action: To approve the staff recommendation to adopt Resolution No. 09- 6686, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010." Motion Bobko, second Tucker. The motion carried by a unanimous vote. c. SPECIAL MEETING TO CONSIDER THE AWARD OF AGREEMENT TO PREPARE SEWER FINANCIAL PLAN AND RATE STUDY CONTINUED FROM MEETING OF OCTOBER 27, 2009. Memorandum from City Manager Stephen Burrell dated December 3, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to continue this item to a goal session to be scheduled closer to budget preparation. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated November 29, 2009. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Council consensus was to make the following changes: 1. Remove Beach Cities Committee 2. Independent Cities Association — Alternate DiVirgilio 3. Independent Cities Risk Management Association — Delegate Fishman 4. Metropolitan Transportation Authority — Delegate Fishman and Alternate Duclos 5. Sister City Association - Delegate Duclos and Alternate Fishman 6. South Bay Cities Council of Governments — Delegate Tucker, Alternate Duclos 7. South Bay Youth Project — Alternate Fishman 8. West Basin Water Association — Delegate Duclos 9. Remove Santa Monica Bay Restoration Commission 10. Beach Cities Health District — Fishman replaces Reviczky 11. City -School District Partnership — Duclos replaces Keegan 12. Remove Longfellow Traffics Impacts (due to Skechers) 13. Business License Tax —Leave Keegan's position vacant and maintain Tucker at this time (to be reviewed during budget meetings) • b. CITY COUNCIL SUBCOMMITTEE ASSIGNMENTS — REVIEW OF TEMPORARY BANNER SIGNS ON PRIVATE PROPERTY AND UPDATE City Council Minutes 12-08-09 Page 12811 • OF CITY WEBSITE. Memorandum from City Manager Stephen Burrell dated December 2, 2009. • City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to postpone the decision to continue or eliminate the temporary banner signs subcommittee at a goals meeting and to eliminate the City website subcommittee because a report will be coming to the Council in January 2010. 9. OTHER MATTERS - CITY COUNCIL - None a. Request from Councilmember Duclos to have staff prepare a report on crosswalk striping and installation in accordance with the Safe Route to School Program. Councilmember Duclos spoke to his request Action: To direct staff to provide staff report for joint meeting with the School Board on January 28, 2010, to provide at that time a cost for striping or restriping crosswalks for consistency. Motion Duclos, second Tucker. The motion carried by a unanimous vote. b. Request from Councilmember Bobko that the City Council consider participating in the 2010 National Spelling Bee. Councilmember Bobko spoke to his request and City Manager Burrell responded to Council questions. Action: If National Spelling Bee deadlines can be met, to sponsor a school, contact the cities of Redondo Beach and Manhattan Beach to determine if they would like to participate jointly and provide the Hermosa Beach Theater as a venue for National Spelling Bee events. Motion Bobko, second Tucker. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Margaret Kemp, Riyoko Shimane and Hermosa Beach Police Lt. Tim Turek, on Tuesday, December 8, 2009, at the hour of 11:00 p.m. to the Regular Meeting on Tuesday, January 12, 2010 at 6:00 p.m. d , ,7,e,e(e City Council Minutes deputy. City Clerk 12-08-09 Page 12812