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Volume 38 Minutes 2010-01-12 to 2011-05-26
411 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 12, 2010, at the hour of 6:01 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 December 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) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC 172546 Name of Case: Ramirez v. City of Hermosa Beach Case Number: YC052333 Name of Case: Sellan et al v City of Hermosa Beach Case Number: HE050-052 Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS 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 City Council Minutes 1-12-10 Page 12813 • • Hermosa Beach Management Association 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, January 12, 2010, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:02 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:13 p.m. PLEDGE OF ALLEGIANCE — Sam Perrotti CLOSED SESSION REPORT — City Attorney Jenkins said no public comments had been received and no reportable actions were taken at the closed session on the four listed matters of litigation against the City: the Macpherson oil case, which is awaiting a decision from the court of appeal; and three separate lawsuits filed by Hermosa Beach police officers arising out of personnel matters, noting that for each police lawsuit Council discussion included the status of the case and the possibility of settlement: (1) Ramirez — the City prevailed in trial court but the officer has filed a notice of appeal; (2) Sellan, Bohacik and Kansaku (no longer with the department) — pending in trial court; and (3) Lewitt — also pending in trial court. ANNOUNCEMENTS — Councilmember Bobko thanked everyone who participated in the Beach Cities Toy Drive; said he was unable to wrap but did help with delivering toys to a shelter and saw the appreciation; said the first public Upper Pier Avenue Project meeting would take place at 10a.m. tomorrow in the Council Chambers. Councilmember Duclos invited the community to join him at the Clark Building on Saturday, January 16, from 6 p.m. to 9 p.m. to celebrate his 65th birthday and to allow him the opportunity to thank the residents for their support. Mayor pro tern Tucker said while the Upper Pier Avenue project construction would create some disruption, it would be beautiful when completed in about six months; encouraged residents and business owners to attend the project meetings to learn more about the contractors, process and timetable; said the 17th Annual Beach Cities Toy Drive was successful with over 4,000 toys distributed to worthy charities and thanked all participants, including the local restaurants that provided food for the wrappers; announced a Household Hazard Waste and E -Waste Roundup on Saturday, January 23, at the Clark Building from 9 a.m. to 3 p.m.; and said the annual St. Patrick's Parade would take place Saturday, March 13. Mayor DiVirgilio said one of this evening's agenda items involved the development of a new City website that would be easier to follow and geared more toward community communication; noted the upcoming beach restroom remodeling, and City Council Minutes 1-12-10 Page 12814 • • said one-third of the items included in The Beach Reporter's "best of" feature were from Hermosa Beach even though Hermosa has only one-sixth of the population and land of the beach cities; asked that the meeting be adjourned in memory of long-time resident Dave Kaduk, a Hermosa Leadership graduate who was paralyzed last fall in a surfing accident and recently passed away. PROCLAMATIONS WELCOME HOME VIETNAM VETERANS DAY MARCH 30, 2010 Since no one was present to accept the proclamation Mayor DiVirgilio said it would be mailed to the appropriate location. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Sam Perrot — Hermosa Beach Planning Commissioner, supported Mayor pro tem Tucker's request in agenda item 9a to look at installing electrical vehicle charging stations on Upper Pier Avenue, suggested consideration also be given to their installation in parking lots and garages, as well as in future developments on the Hope Chapel and Mermaid properties; said grant money may fund all these stations; Jim Lissner — Hermosa Beach, suggested giving some of the surplus shown in the City's Comprehensive Annual Financial Report to Hermosa schools; supported green improvements such as low -emission vehicles and charging stations; also favored low -emission trash trucks and replacing diesel generators used at City events with direct electricity, propane or natural gas powered generators; Tim Beck — Heal the Bay, Manhattan Beach, distributed a letter to the Council suggesting freeze containment and salvage of spilled oil, development of European and Islam style beaches, an elevated bike freeway on Hermosa Avenue and a proclamation stating that increased carbon dioxide is a good thing, not a threat to the environment. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (r) 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) Tucker; (i) (p) (q) Duclos; and (r) Bobko. Motion Bobko, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on November 10, 2009; City Council Minutes 1-12-10 Page 12815 • • 2) Special meeting held on November 17, 2009; 3) Regular meeting held on November 24, 2009; and 4) Regular meeting held on December 8, 2009. Action: To approve, as presented, the City Council minutes of the regular meeting of November 10, the special meeting of November 17, and the regular meetings of November 24 and December 8, 2009. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58126 THROUGH 58422, 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 57515, 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 the City Council Directives as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2009 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the November 2009 financial reports as presented. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $500 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE VETERANS' MEMORIAL MAINTENANCE; AND $4,500 FROM THE BEACH CITIES HEALTH DISTRICT AND $2,000 FROM REPUBLIC SERVICES/ CONSOLIDATED DISPOSAL SERVICE TO BE USED FOR THE PREPARATION AND DISTRIBUTION OF THE EMERGENCY PLAN BOOKLET RECOMMENDED BY EPAC AND APPROVED BY THE CITY COUNCIL ON OCTOBER 27, 2009. Memorandum from Finance Director Viki Copeland dated December 28, 2009. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: City Council Minutes 1-12-10 Page 12816 (f) (g) $500 from the Woman's Club of Hermosa Beach to be used for the Veterans' Memorial maintenance; $4,500 from the Beach Cities Health District to be used for the preparation and distribution of the Emergency Plan booklet recommended by EPAC and approved by the City Council on October 27, 2009; and $2,000 from Republic Services/Consolidated Disposal Service to be used for the preparation and distribution of the Emergency Plan booklet recommended by EPAC and approved by the City Council on October 27, 2009. Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE PURCHASE OF FIVE (5) NEW VIDEO CAMERA SYSTEMS FOR POLICE VEHICLES OUT OF THE EQUIPMENT REPLACEMENT FUND. Action: To approve the purchase of five (5) new video camera systems for police vehicles out of the Equipment Replacement Fund, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF DECEMBER 16, 2009. Action: To receive and file the action minutes Commission meeting of December 16, 2009. (h) RECOMMENDATION TO RECEIVE AND FILE REPORT. Memorandum from Public Works Director December 21, 2009. (i) of the Public Works PROJECT STATUS Richard Morgan dated Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of November 30, 2009, as recommended by staff. 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 2010. Memorandum from City Treasurer John Workman dated December 28, 2009. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. Action: To approve the staff recommendation to adopt Resolution No. 10- 6690, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDING THE RECEIPT, City Council Minutes 1-12-10 Page 12817 • • FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICE AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2010." Motion Tucker, second Mayor DiVirgilio. 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 January 4, 2010. Claimant: Owen, Clint Date of Loss: 12-23-09 Date Filed: 12-24-09 Allegation: Loss of property Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF NOVEMBER 2, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 2, 2009. (I) RECOMMENDATION TO RECEIVE AND FILE REPORT AND DIRECT THE CITY ATTORNEY TO SEND A LETTER PURSUANT TO GOVERNMENT CODE §54960.1 (C)(2) COMMUNICATING THE CITY COUNCIL'S DETERMINATION THAT NO BROWN ACT VIOLATION OCCURRED AND THEREFORE THAT THE CITY COUNCIL WILL NOT CURE OR CORRECT THE CHALLENGED ACTION. Memorandum from City Attorney Mike Jenkins dated January 7, 2010. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to: (1) Receive and file the report; and (2) Direct City Attorney to send letter pursuant to Government Code §54960.1 (c)(2) communicating the City Council's determination that no Brown Act violation occurred and therefore that the City Council will not cure or correct the challenged action. Motion Tucker, second Fishman. The motion carried by a unanimous vote. City Council Minutes 1-12-10 Page 12818 • (m) RECOMMENDATION TO ADOPT A RESOLUTION APPOINTING MAYOR PRO TEMPORE TUCKER AS DELEGATE AND COUNCILMEMBER DUCLOS AS ALTERNATE TO REPRESENT THE CITY ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG). Memorandum from City Clerk Elaine Doerfling dated January 6, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6687, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A DELEGATE AND ALTERNATE TO SERVE AS THE CITY'S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG)." (n) RECOMMENDATION TO ADOPT A RESOLUTION APPOINTING COUNCILMEMBER FISHMAN AS THE DELEGATE TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA). Memorandum from City Clerk Elaine Doerfling dated January 6, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6688, 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)." (o) RECOMMENDATION TO DESIGNATE A VOLUNTEER "CITY RADIO OFFICER" AS A RESULT OF HAVING AN AMATEUR RADIO ASSOCIATION IN THE CITY. Memorandum from City Manager Stephen Burrell dated December 24, 2009. (P) Action: To designate a volunteer "City Radio Officer" as a result of having an amateur radio association in the City, as recommended by staff and the Emergency Preparedness Advisory Commission. RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT TO SULLY -MILLER CONTRACTING COMPANY (SULLY -MILLER) IN THE AMOUNT OF $217,951 AND 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 MANAGEMENT AND INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND CIVILSOURCE, INC. FOR A FEE NOT TO EXCEED $28,104 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; ADOPT A RESOLUTION APPROVING AND ADOPTING THE ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 07-5155R, PROGRAM SUPPLEMENT AGREEMENT NO. N004 FOR PROJECT ESPL-5155(007) PIER AVENUE STREET IMPROVEMENT BETWEEN PACIFIC COAST HIGHWAY AND ARDMORE City Council Minutes 1-12-10 Page 12819 • • (q) AVENUE, AND PROGRAM SUPPLEMENT AGREEMENT NO. N003 FOR PROJECT ESPL-5155 (006) EIGHTH STREET BETWEEN PACIFIC COAST HIGHWAY AND VALLEY DRIVE; AUTHORIZE THE APPROPRIATION OF $329,000 ARRA FUNDING AND THE CORRESPONDING REVENUE TO THE 150 GRANTS 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 January 12, 2010. This item was removed from the consent calendar by Councilmember Duclos 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 the Construction Contract to Sully -Miller Contracting Company (Sully -Miller) in the amount of $217,951 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; (2) Approve the Professional Services Agreement for construction management and inspection services between the City of Hermosa Beach and CivilSource, Inc. for a fee not to exceed $28,104 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; (3) Adopt Resolution No. 10-6691, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 07-5155R AND PROGRAM SUPPLEMENT AGREEMENT NO. N004 FOR PROJECT ESPL- 5155(007) PIER AVENUE STREET IMPROVEMENT BETWEEN PACIFIC COAST HIGHWAY AND ARDMORE AVENUE, AND PROGRAM SUPPLEMENT AGREEMENT NO. N003 FOR PROJECT ESPL-5155(006) EIGHTH STREET — STREET IMPROVEMENT BETWEEN PACIFIC COAST HIGHWAY AND VALLEY DRIVE."; (4) Authorize the appropriation of $329,000 ARRA Funding and the corresponding revenue to the 150 Grants Fund; and (5) Authorize the Director of Public Works to make changes as necessary within the project budget. Motion Tucker, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO RELIEVE GR ENGINEERING OF THEIR BID DUE TO MISTAKES IN COMPLETING THE BID; AWARD THE CONSTRUCTION CONTRACT TO PADILLA PAVING CO. (PADILLA) IN THE AMOUNT OF $230,525 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; City Council Minutes 1-12-10 Page 12820 • a • APPROVE THE ATTACHED PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND CIVILSOURCE, INC. FOR A FEE NOT TO EXCEED $29,100 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE APPROPRIATION OF $250,000 ARRA FUNDING AND THE CORRESPONDING REVENUE TO THE 150 GRANTS FUND; AUTHORIZE THE TRANSFER OF $42,625 FROM CIP NO. 08-127 STREET IMPROVEMENTS (ACCOUNT NO. 301- 8127-4201) TO CIP 09-135 EIGHTH STREET IMPROVEMENTS (ACCOUNT NO. 301-8135-4201); AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated January 12, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. Public Works Director Morgan and City Manager Burrell responded to Council questions. To approve the staff recommendation to: (1) Relieve GR Engineering of their bid due to mistakes in completing the bid; (2) Award the Construction Contract to Padilla Paving Co. (Padilla) in the amount of $230,525 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 CivilSource, Inc. for a fee not to exceed $29,100 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; (4) Authorize the appropriation of $250,000 ARRA Funding and the corresponding revenue to the 150 Grants Fund; (5) Authorize the transfer of $42,625 from CIP No. 08-127 Street Improvements (Account No. 301-8127-4201) to CIP 09-135 Eighth Street Improvements (Account No. 301-8135-4201); and (6) Authorize the Director of Public Works to make changes as necessary within the project budget. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (r) RECOMMENDATION TO ACCEPT THE PROPOSAL FROM AND APPROVE THE CONTRACT WITH VISION INTERNET FOR WEBSITE DEVELOPMENT AND A CONTENT MANAGEMENT SYSTEM AT A COST OF $29,905 AND WEBHOSTING AT A COST OF $2,400 PER YEAR. Memorandum from Finance Director Viki Copeland dated December 24, 2009. City Council Minutes 1-12-10 Page 12821 • This item was removed from the consent calendar by Councilmember Bobko i • for separate discussion later in the meeting. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said he had viewed many city websites and, while not fancy, Hermosa's is fast and easy to understand; did not support a change unless the present situation uses a lot of staff time. Action: To approve the contract with Vision Internet for website development and a content management system at a cost of $29,905, and for webhosting at a cost of $2,400 per year, as recommended by staff. Motion Bobko, second Fishman. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a. ORDINANCE NO. 09-1304, "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." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 30, 2009. Action: To waive full reading and adopt Ordinance No. 09-1304. Motion Tucker, second Duclos. The motion carried by the following vote: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (i), (I), (p), (q) and (r) 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 10:12 p.m., the order of the agenda went to item 6(b). 5. PUBLIC HEARINGS a. 2010-11 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Memorandum from Community Development Director Ken Robertson dated January 6, 2010. City Council Minutes 1-12-10 Page 12822 • • Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:42 p.m. Coming forward to address the Council on this item was: Jim Lissner— Hermosa Beach, said it appeared selling the CDBG funds was wise but wondered if Hermosa might instead buy additional funds from another city and use the funds to build restrooms in the downtown area to decrease public urination. The public hearing was closed at 8:44 p.m. Action: To approve the staff recommendation to adopt Resolution No. 10- 6689, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2010- 2011 " Motion Bobko, second Tucker. The motion carried by a unanimous vote. (Councilmember Duclos had proposed amending the above motion to earmark funds for use only on projects benefitting disabled persons. Mayor pro tern Tucker initially seconded the amendment but then withdrew his second, and a vote was taken on the original motion as shown above.) 6. MUNICIPAL MATTERS a. CONSIDERATION OF AN AGREEMENT WITH THE HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU FOR MEMORIAL DAY AND LABOR DAY FIESTAS FOR A TERM OF FIVE YEARS BEGINNING WITH 2010 EVENTS. Memorandum from City Manager Stephen Burrell dated January 7, 2010. Several items of supplemental information received from the Chamber of Commerce on January 11, 2010. City Manager Burrell presented the staff report and responded to Council questions, noting that changes from previous contracts primarily related to suggestions from the City's Green Task Force and Emergency Preparedness Advisory Commission and were referenced in section 2(a) of the agreement. Corning forward to address the Council on this item were: Gary Whelen — CPA practicing in Hermosa Beach, said, unlike in most cities, Hermosa's Chamber of Commerce receives no funding from the City, and instead the City benefits from the Chamber's projects; Kevin McCarthy — General Manager of The Beach House and Chamber of Commerce Board Member, listed ways that the Chamber benefits the community, such as local charitable organizations who raise funds by City Council Minutes 1-12-10 Page 12823 • • • working in the Fiesta beer garden; scholarships; contributions to the St. Patrick's Day Parade, State of the City address and Medal of Valor award luncheon; support of the business community which increases sales tax; transient occupancy tax increases due to the Chamber's promotion of tourism; and the Farmer's Market; Christina Barry — American Cancer Society, said their organization has benefitted by the Chamber's providing a free booth at the Fiesta, resulting in their raising almost $30,000 in three days; Dorothy Yost — Woman's Club, said the Chamber provides a fundraising opportunity at the Fiesta for local charitable organizations who then put these funds back into the community; Colleen Berg — owner of a local jewelry store and a Chamber of Commerce Board Member, said she launched her business with a booth at the Fiesta in 2001 and her business provides sales tax to the City; Jim Lissner, Hermosa Beach, said a five-year contract provided advantages to the Chamber for cost efficiency but the community should benefit as well; suggested the removal within two years of diesel fuel from buses and generators; said Prop A funds should be available for the buses; Michael Bell — Fiesta organizer, said the Chamber recycled 600 pounds of aluminum, glass and plastic over the 2009 Labor Day weekend and used biodiesel fuel made from local restaurants' used cooking oil, said incentives were needed incentives because green products are more expensive; said the Chamber discussed a bike valet parking lot with the City, but no area had been designated yet; Dency Nelson — Hermosa Beach, said he has enjoyed the Fiesta during his 26 years of residency but thought the Chamber could do a better job with green measures; said the three major issues were (1) eliminating diesel generators, although using biodiesel is an improvement; (2) all of the shuttle buses should be clean; and (3) requiring all vendors to eliminate styrofoam and use biodegradable utensils; Susan Blaco — Hermosa Beach, said she has been a Fiesta volunteer since the early days and previous attempts to determine sales tax had been unsuccessful, so the $25 business license fee was established; Jan Brittain — Hermosa Beach, said the City should be reasonable about increasing fees to the Chamber, which makes a lot of money for the non -profits local groups, which goes back into the community; Barbara Clark — Hermosa Beach, was appreciative that the Chamber allowed the Rotary Club to volunteer in the beer garden and said that residents and visitors look forward to the Fiesta; Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said they supported the green movement and were trying to become greener but it was often unavailable and/or unaffordable; said they were working through the Green Task Force recommendations, adding new elements as available; said the lower emission shuttle buses simply were not available; said they have banned styrofoam and required vendors to use paper bags, with plastic bags allowed only for heavier items; said the Chamber has met City Council Minutes 1-12-10 Page 12824 • • with the City Manager before each Fiesta and received a report card from the Police, Fire and Public Works departments after each Fiesta; Travers Devine — Hermosa Beach, said he worked on Chamber special events and the costs were higher each year in order to comply with green commitments; said the Chamber was interested in working for the good of the community; and Joe Galliani — chair of an environmental group in Torrance, said the City should be proud of the Chamber's green efforts and the extra cost incurred; supported incentives because even though green measures were costlier, the health and climate benefits made them worthwhile. Proposed Action: To continue the item for a month to allow for further clarification on the goals referenced in section 2(a), for a Chamber list of reachable goals, and for proposed incentives if City assistance is necessary. Motion Mayor DiVirgilio, seconded by Duclos, who requested an amendment to include looking at economic issues and adjusting the contract accordingly. This motion was subsequently replaced by the following substitute motion. In response to Council questions, Chamber Executive Director Merriman said a delay would greatly hamper their efforts. Proposed Substitute Action: To approve the agreement for one year only to allow time for issues that arose this evening to be addressed. Motion Bobko, second Tucker. The second was withdrawn and replaced by Duclos. In response to Council questions, Ms. Merriman said a one-year agreement would put them at a disadvantage with regard to their Fiesta contracts. The proposed substitute motion was subsequently withdrawn. City Attorney Jenkins suggested incorporating into 2(a) a time frame by which the parties will develop a detailed exhibit showing progress toward meeting sustainable measures, at which time it would be attached to the agreement. Action: To approve the five-year Fiesta agreement and authorize the Mayor to execute the agreement on behalf of the City, and to incorporate into Section 2(a) a deadline of October 31, 2010 for the referenced goals to be developed in greater detail and attached as an exhibit to the agreement. Motion Fishman, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:23 p.m. The meeting reconvened at 9:47 p.m., with item 9(a). 111) b. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from City Manager Stephen Burrell dated December 24, 2009. City Council Minutes 1-12-10 Page 12825 • • City Manager Burrell presented the staff report and responded to Council questions. 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, and to direct staff to investigate whether some of the excess funds could be directed toward school libraries. Motion Tucker, second Duclos. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST TO PROVIDE A SHUTTLE BUS SERVICE BETWEEN SAN PEDRO PIER 46 AND HERMOSA BEACH ON JANUARY 22, 2010 DURING THE DECOMMISSIONING OF THE USS LOS ANGELES. Memorandum from City Manager Stephen Burrell dated January 4, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve an appropriation of $800 of Proposition A funds to provide shuttle bus transportation for the crew of the USS Los Angeles from San Pedro to Hermosa Beach from 5:00 pm to 1:30am on January 22, 2010. Motion Tucker, second Fishman. The motion carried by a unanimous vote. b. CITY COUNCIL GOALS/PLANNING WORKSHOP — PROPOSED DATE OF JANUARY 29, 2010, 9:00 A.M. TO 2:00 P.M. Memorandum from City Manager Stephen Burrell dated January 6, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To schedule Friday, January 29, 2010, 8:00 a.m. to Noon for a City Council Goals/Planning Workshop. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARD AND COMMISSIONS — SCHEDULE APPLICANT INTERVIEW, APPOINT OR RE -ADVERTISE FOR BOARD OF APPEALS VACANCY. Memorandum from City Clerk Elaine Doerrling dated January 6, 2010. Deputy City Clerk Nelsen presented the staff report and responded to Council 111 questions. Action: To appoint applicant Veronica Torres to the Board of Appeals. City Council Minutes 1-12-10 Page 12826 Motion Mayor DiVirgilio, second Fishman. The motion carried by a unanimous vote. b. CONSIDERATION OF RESOLUTION URGING THE STATE LEGISLATURE TO CHANGE THE STATE ROCK FROM SERPENTINE WHICH IS THE HOST ROCK FOR ASBESTOS. Memorandum from City Manager Stephen Burrell dated December 24, 2009. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 10- 6692, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE STATE LEGISLATURE TO REPEAL THE DESIGNATION OF SERPENTINE, THE HOST OF ASBESTOS, AS THE OFFICIAL STATE ROCK, IN SUPPORT OF WORLD ERADICATION OF ASBESTOS FOR PUBLIC HEALTH AS URGED BY THE ASBESSTOS DISEASE AWARENESS ORGANIZATION." Motion Tucker, second Fishman. The motion carried by a unanimous vote. At 10:51 p.m., the order of the agenda went to item 3(a). 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Tucker to direct staff to look at the possibility of placing EV (electrical vehicle) charging stations into the plan for Upper Pier Avenue. There is funding available under California Assembly Bill 118. Mayor pro tem Tucker spoke to his request. Action: To agendize this topic for discussion at a future meeting and to invite a speaker known to Mayor pro tem Tucker to clarify the details. Motion Tucker, supported by Bobko and Mayor DiVirgilio. At 9:55 p.m., the order of the agenda went to item 4, items removed from the consent calendar for separate discussion. ADJOURNMENT - The. Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Dave Kaduk, on Tuesday, January 12, 2010, at the hour of 10:53 p.m. to the Regular Meeting on Tuesday, January 26, 2010 at 6:00 p.m. City Clerk N `_ City Council Minutes Deputy City Clerk 1-12-10 Page 12827 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 26, 2010, at the hour of 6:35 p.m. ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker. Mayor DiVirgilio Absent: None 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. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Kenneth Hartley Gila Katz 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, January 26, 2010, at the hour of 6:57 p.m. to the Regular Meeting scheduled to begin at the hour of 7:00 p.m. V A Bee u y City Clerk City Council Adjourned Minutes 01-26-10 Page 12828 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 26, 2010, at the hour of 6:14 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 January 12, 2010. 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 Name of Case: Ramirez v. City of Hermosa Beach Case Number: YC052333 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, January 26, 2010, at the hour of 6:15 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 7:09 p.m. PLEDGE OF ALLEGIANCE — Steve Staso CLOSED SESSION REPORT — City Attorney Jenkins reported that there were no public comments and one case was added to the three cases listed on the City Council Minutes 1-26-10 Page 12829 • published agenda, an item which came up after the agenda was published which required immediate action by the City Council. The added case was Sellan et al v City of Hermosa Beach, Case Number HE050-052, for which the City was ordered to participate in mandatory mediation and, although the City Council gave direction to the City Manager, there were no reportable actions. For the other two cases on the published agenda, the Ramirez case was not discussed; and, although the Lewitt case was discussed, there were no reportable actions. He said the Macpherson oil case was discussed but there is no change in status and no reportable actions. ANNOUNCEMENTS — Councilmember Fishman said he and Mayor DiVirgilio attended a presentation at the Historical Museum by residents interested in raising funds to provide murals depicting the history of Hermosa Beach. He said the group is looking for volunteers and there should be upcoming articles in the Beach Reporter and Easy Reader. Mayor DiVirgilio said the mural group does not have a website yet but interested parties could contact him by using his email address on the City's website and he would forward contact information to the mural group. He said they were hoping to raise $10,000 to $25,000 from individuals, not corporate donations. Mayor pro tem Tucker thanked Director Rick Morgan and his Public Works staff for keeping the storm drains open on the beach during the recent rain deluge. He said that the Code Red alert system was used to warn residents of a water spout off the coast and then they received another call when the danger passed and suggested that anyone who has not submitted their phone number go the City's website and do so by clicking on RED ALERT on the home page. He announced that the St. Patrick's Parade would be held on Saturday, March 13. PRESENTATIONS COUNTY OF LOS ANGELES PUBLIC LIBRARY 2009 CHILDRENS BOOKMARK CONTEST LOCAL BOOKMARK CONTEST WINNERS Elmita Brown from the Hermosa Beach Library thanked the City Council and City staff for their continued support and Friends of the Library President Dorothy Yost gave hours for an upcoming book sale at the Bard Street Book Store. They presented a gift bag to the bookmark winners. Mayor DiVirgilio presented each of the bookmark winners with a City pin and a proclamation. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS City Council Minutes 1-26-10 Page 12830 • • • (a) Letter from Tim Beck, Heal the Harbor, dated January 18, 2010, regarding their request to agendize their offer of free instruction to the Hermosa Beach Fire Department on new ways to strengthen sand defenses against waves and salvage spills as well as a request for the 100 ft. most northern section of the beach from 500 ft. out in the water to 30 feet from the Strand wall to be posted for even tanning 11:00 a.m. to 3:00 p.m. during public school days only. No one came forward to address the Council on this letter. Action: To receive and file the letter. Motion Tucker, second Fishman. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Jim Lissner - Hermosa Beach, felt there was inadequate noticing for item 8b, the request regarding II Boccaccio restaurant, which he saw as the adding of a liquor license; said posting the agenda four days before the meeting was not enough for something of this importance; asked that the item be continued and noticed in the newspaper; Tim Beck - Heal the Harbor, Manhattan Beach, encouraged the City to use technology his organization had available for freezing oil spills and asked that the City provide an even tanning beach. 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(e) Tucker and (f) Bobko. 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 JANUARY 12, 2010. Supplemental information from City Clerk received January 26, 2010. Action: To approve, as amended, minutes of the regular meeting of the City Council held on January 12, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58423 THROUGH 58523. 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 1-26-10 Page 12831 • • • Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FINANCIAL REPORTS: 1) Memorandum regarding the December reports; Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. FILE THE DECEMBER 2009 2009 Revenue and expenditure Action: To receive and file the memo and City Treasurer's and Investment Reports. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $1,200 FROM K. A. NOELLE TO BE USED FOR A MEMORIAL TREE AND ROCK FOR MATT NOEL; AND, $1,600 FROM JODY EATON TO BE USED FOR A MEMORIAL BENCH FOR WILLIAM EGERER AND KATHLEEN BERLIN EGERER. Memorandum from Finance Director Viki Copeland dated January 19, 2010. (f) This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $1,200 from K. A. Noelle to be used for a memorial tree and rock for Matt Noel; and $1,600 from Jody Eaton to be used for a memorial bench for William Egerer and Kathleen Berlin Egerer. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON THE CITY'S PROJECTS WHICH ARE RECEIVING FEDERAL FUNDING. Memorandum from Public Works Director Richard Morgan dated January 19, 2010. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting Councilmember Bobko emphasized the projects being funding by stimulus funds of $2.8 million. City Council Minutes 1-26-10 Page 12832 • • (9) Action: To receive and file status report on the City's projects which are receiving federal funding. Motion Bobko, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO DIRECT STAFF TO ADVERTISE FOR BIDS TO CONSTRUCT CIP NO. 99-631 BEACH RESTROOMS IMPROVEMENT PROJECT. Memorandum from Public Works Director Richard Morgan dated January 20, 2010. Action: To direct staff to advertise for bids to construct CIP No. 99-631 Beach Restrooms Improvement Project. (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated January 19, 2010. (i) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of December 31, 2009. 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 2010 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated January 20, 2010. 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 2010 calendar year. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 5, 2010. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 5, 2010. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 19, 2010. Action: To receive and file the action minutes of the Planning Commission meeting of January 19, 2010. • (I) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF JANUARY 11, 2010. City Council Minutes 1-26-10 Page 12833 • • • (m) Action: To receive and file the action minutes of the Green Task Force meeting of January 11, 2010. RECOMMENDATION TO APPROVE THE CONTRACT FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND AUTHORIZE THE MAYOR to EXECUTE THE CONTRACT. Memorandum from Police Chief Greg Savelli. Action: To approve the contract for American Recovery and Reinvestment Act of 2009 and authorize the Mayor to execute the contract. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF DECEMBER 7, 2009. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of December 7, 2009. (o) RECOMMENDATION TO APPROVE THE PURCHASE OF A PORTABLE, MINIATURIZED, LIGHTWEIGHT HEART MONITOR (WELCH ALLYN PROPAQ LT MONITOR) FOR $7,443.77 FROM SOLE -SOURCE VENDOR ZOLL MEDICAL CORPORATION OF CHELMSFORD, MA USING GRANT FUNDS RECEIVED FROM FIREMAN'S FUND. Memorandum from Fire Chief David Lantzer dated January 21, 2010. (P) Action: To approve the purchase of a portable, miniaturized, lightweight heart monitor (Welch Allyn Propaq LT Monitor) for $7,443.77 from sole - source vendor Zoll Medical Corporation of Chelmsford, MA using grant funds received from Fireman's Fund. RECOMMENDATION TO ADOPT A RESOLUTION DESIGNATING THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH AS THE SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY WITHIN THE CITY OF HERMOSA BEACH AND RESCINDING RESOLUTION NO. 77- 4146. Memorandum from City Manager Stephen Burrell dated January 21, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6693, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REDESIGNATING THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH, ENVIRONMENTAL HEALTH, SOLID WASTE MANAGEMENT PROGRAM AS THE LOCAL ENFORCEMENT AGENCY RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS PERTAINING TO THE MANAGEMENT OF SOLID WASTE WITHIN THE CITY OF HERMOSA BEACH." City Council Minutes 1-26-10 Page 12834 • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e) and (f) 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. AMEND THE MUNICIPAL CODE BY ADDING TITLE 8, CHAPTER 8.60 "WATER EFFICIENT LANDSCAPING." Memorandum from Community Development Director Ken Robertson dated January 20, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. Senior Planner Pam Townsend also responded to Council questions. The public hearing opened at 7:47 p.m. Coming forward to address the Council on this item were: Henry Wind — California Water Service, said this Ordinance was important to their organization as well as the City's green efforts; suggested that a change be made in Section 8.60.030 (E) of the Ordinance to remove the words "or designate" because only the Public Utilities Commission has authority to implement the Ordinance requirements.; in response to a Council queries, he said water usage had been reduced by 13% but he had no way of knowing Hermosa Beach's specific decrease because their statistics were combined Hermosa Beach with Redondo Beach and said they did not expect water rates to go up with decreased usage because 62% of their expenses were directly related to water production; Clayton Shepherd — Hermosa Beach, said usage statistics would not mean much if figures for Hermosa Beach were combined with those for Redondo Beach; and Henry Wind — California Water Service, said if it was important, they could provide separate Hermosa Beach data. The public hearing was closed at 7:50 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 10-1305, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING TITLE 8, CHAPTER 8..60 WATER EFFICIENT LANDSCAPING TO THE HERMOSA BEACH MUNICIPAL CODE. " but to remove the words "or designee" in section 8.60.030(E). City Council Minutes 1-26-10 Page 12835 • Motion Tucker, second Fishman. The motion carried by a unanimous vote. b. AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 8.56 "WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN" TO TITLE 8 AND AMENDING CHAPTER 1.10 (ADMINISTRATIVE CITATIONS AND PENALTIES) FOR CONSISTENCY. Memorandum from Community Development Director Ken Robertson dated January 20, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:13 p.m. Coming forward to address the Council on this item were: Henry Wind — California Water Service, thanked the City's Green Task Force for its water conservation input; felt the Ordinance needed no amendments; E.J. Caldwell — West Basin Municipal Water District, said the Ordinance would help in obtaining grants; said there was a requirement for all water retailers to reduce their demand by 20% so the Cities of Redondo Beach and Hermosa Beach need another 7% more and this Ordinance could help; said they could partner with the City to communicate with the public; Clayton Shepherd — Hermosa Beach, reiterated that it is imperative to break out the Hermosa Beach statistics from Redondo Beach's; said it was a complex Ordinance and usage measurements should not begin until those statistics are separate; said he had attended many Green Task Force meetings and complimented them on their work; Justin Skarb — California Water Service, said he would begin work with his staff the following morning to start breaking out the Hermosa Beach usage statistics; said California Water Service is interested in working with the City to educate citizens and businesses. The public hearing was closed at 8:20 p.m. Proposed Action: To introduce the Ordinance and make it effective 60 days after adoption to allow time for public education. Motion Duclos, second Bobko. The Ordinance was replaced by a substitute motion. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 10-1306, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8/56 WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN TO TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE AND AMENDING CHAPTER 1.10 FOR CONSISTENCY. " and to provide public education and to issue no citations, only warnings, until June 1, 2010. Motion Duclos, second Fishman. The motion carried by a unanimous vote. City Council Minutes 1-26-10 Page 12836 • c. CONSIDERATION FOR APPROVAL OF 2010 COMMERCIAL SPECIAL EVENTS, INCLUDING THOSE SHOWN BELOW. Memorandum from City Manager Stephen Burrell dated January 7, 2010. 2010 COMMERCIAL EVENT DATE Hermosa Beach 5000 April 18 EVP Volleyball Tournament June 26 AVP Pro Beach Volleyball Tournament July 16-18 Hermosa Beach Triathlon October 10 2010 NON PROFIT EVENTS DATE Beach Boom Boomerang Tournament March 20-21 Walk for Water March 21 Little League Night in Ball Park April 10-11 SmackFest Co -Ed Beach Volleyball Tournament April 10, July 24, Sept. 18 Endless Summer Classic Car Show May 1 Hermosa Beach Art Walk June 12-13 Amateur Athletic Union (AAU) Youth Beach Volleyball July 10-11, August 22 KB 4 -Woman Volleyball Tournament July 25 Friends of Parks Movie in the Park September 18 RECOMMENDATION: Approve four (4) commercial events and nine (9) non-profit events without granting of fee waivers. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:41 p.m. Coming forward to address the Council on this item were: Dencv Nelson — Hermosa Beach, said he was happy to hear of the green matrix and protocol regarding transportation, waste management, energy production and recyclable products being made a part of every agreement; supported the concept of connecting to the City's electrical supply directly and the idea that there may be City revenue associated with this; Lisa Ryder Moore — a member of the City's Green Task Force and the Waste Reduction Sub -Committee, said she worked with staff to create a green matrix and asked the City Council to make this part of the permit process; said not all events would conform to every requirement immediately but there would be progress from year to year; saw the biggest need for improvement in trash recycling of flyers and cans from free energy drinks; City Council Minutes 1-26-10 Page 12837 • • • Sam Perrot — representing the Art Walk, said in its seventh year, it would be a two-day event as last year; said there would be artists from a wider region and they hoped to again raise enough money to provide scholarships to local students; said there would be no alcohol this year, they would be providing security and were renting a church parking lot for artists' use; Morri Mohr — Hermosa Beach resident representing the Beach Boom Boomerang Tournament, said safety is their highest priority; showed several of the small, lightweight plastic boomerangs; said at their event they provide supervised instruction and demonstrations by some of the best boomerang throwers in the country; A representative from Smackfest — said, when asked by the Council, that they don't promote alcohol at their co-ed volleyball tournaments but it is a problem; said their charity event raises money for the Southern California Foundation for Children and they would be willing to provide security for their events on three different dates; and David Freeman — representing the Endless Summer Classic Car Show, when asked by the Council about using a different location because of the construction on Pier Avenue, said Pier Plaza is a unique place; said they had thought about having a car show at Christmas, with decorated cars. Action: To approve all events with no fee waivers and to ask representatives from Smackfest to meet with the Police Chief Savelli to insure appropriate security will be provided. Motion Fishman, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:10 p.m. The meeting reconvened at 9:22 p.m. d. BEACH TENNIS COURT INSTALLATION. Memorandum from City Manager Stephen Burrell dated January 20, 2010. Supplemental letter and petition signed by six other residents received from Bernard Robbins on January 26, 2010. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 9:25 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:25 p.m. Proposed Action: To approve the staff recommendation to install three beach tennis courts at 14th Street. Motion Fishman, second Bobko. The motion was replaced by a substitute motion. City Council Minutes 1-26-10 Page 12838 • • • Action: To install two beach tennis courts in the most westerly section indicated in the staff report and review the situation in one year. Motion tucker, second Fishman. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. RECOMMENDATION TO AUTHORIZE KERRY CONSULTING GROUP (KCG) TO PREPARE AN RFP FOR REPLACEMENT OF THE PHONE SYSTEM FOR CITY FACILITIES, MANAGE SYSTEM SELECTION/IMPLEMENTATION AND UPDATE THE CITY'S TECHNOLOGY PLAN. Memorandum from Finance Director Viki Copeland dated January 11, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Randy Langton - from Kerry Consulting Group, in response to a Council question, said that the City was spending approximately $2500 monthly right now for phone service and he was projecting a reduction to about $900 per month. Action: To authorize Kerry Consulting Group to prepare the Request for Proposals (RFP) for replacement of the phone system for City facilities, manage system selection/implementation and to update the City's original Technology Plan at a not to exceed cost of $48,000, with approval for the City Manager to execute the contract with KCG. Motion Fishman, second Bobko. The motion carried by a unanimous vote. At 9:50 p.m., the order of the agenda went to item 8(b). b. APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR PUBLIC RELATIONS SERVICES FOR A PERIOD OF THREE MONTHS TO ASSIST THE CITY IN DEVELOPING AND IMPLEMENTING AN INFORMATIONAL AND COMMUNICATION STRATEGY, FOR VARIOUS CITY ACTIVITIES INCLUDING THE UPPER PIER AVENUE PROJECT; EMERGENCY BOOKLET DISTRIBUTION; MACPHERSON OIL LAW SUIT, AS WELL AS PROVIDING INFORMATION TO RESIDENTS ON OTHER ON-GOING ACTIVITIES. Memorandum from City Manager Stephen Burrell dated January 21, 2010. Supplemental letter from Fred Huebscher received on January 26, 2010. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 1-26-10 Page 12839 • • • Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said he would rather this money be spent on the schools; did not believe it was necessary to have this type of consultant; Fred Huebscher — Hermosa Beach, said a member of the City Council does this type of work and might donate his time; said, money should be used for the schools or paving streets instead; and Joy Kennelly — said her profession is public relations she understands the need but asked that in the future the public be allowed to give input as to the type of public relations firm hired; said that public relations should promote local businesses and positive elements of the City. Action: To approve the professional services agreement with Fiona Hutton & Associates in an amount not to $22,500 and direct the City Manager to execute the agreement on behalf of the City. Motion Bobko, second Fishman. Councilmember Duclos suggested that at least one City Councilmember be assigned as liaison. Mayor pro tern Tucker initially seconded this amendment but then withdrew his second. The original motion was then approved by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CALIFORNIA STATE PARKS INITIATIVE FOR THE NOVEMBER 2010 BALLOT. Memorandum from City Manager Stephen Burrell dated January 21, 2010. Action: Because of the lateness of the hour, Council consensus was to continue to the next City Council meeting on February 9, 2010. b. APPOINTMENT OF A SUBCOMMITTEE TO WORK WITH THE CHAMBER OF COMMERCE FIESTA ENVIRONMENTAL WORKING GROUP. Memorandum from City Manager Stephen Burrell dated January 21, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to appoint a subcommittee of Mayor pro tern Tucker and Councilmember Fishman to work with the Fiesta Environmental Working Group. City Council Minutes 1-26-10 Page 12840 • 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. APPOINTMENT TO EMERGENCY PREPAREDNESS ADVISORY COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated January 20, 2010. Deputy City Clerk Nelsen presented the staff report and responded to Council questions. Action: To appoint Ken Hartley to fill an unexpired term ending May 31, 2011. Motion Bobko, supported by Tucker and Mayor DiVirgilio. b. COUNCILMEMBERS TUCKER AND FISHMAN REQUEST THAT THE CITY COUNCIL CONSIDER DIRECTING THE CITY MANAGER TO WITHDRAW A FEBRUARY 11, 2008 LETTER TO THE STATE ALCOHOLIC BEVERAGE COMMISSION (ABC) IN WHICH POLICE CHIEF SAVELLI RECOMMENDED THAT UPON TRANSFER OF THE ALCOHOL LICENSE, THE OPERATOR BE REQUIRED TO CLOSE THE RESTAURANT OPERATION LOCATED AT 39 PIER AVENUE (IL BOCCACCIO) AT 12:00 MIDNIGHT. Memorandum from City Manager Stephen Burrell dated January 21, 2010. Supplemental letter from Fred Huebscher and supplemental email from Al Benson received on January 26, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Joe Venczia — owner of II Boccaccio, said in their 16 years of operating the business in Hermosa Beach, they had periods of closing after Midnight but the later closing time did not work with their type of clientele; said the closing time of 1:30 a.m. made their liquor license more valuable but the mandatory Midnight closing decreased its value; Jim Lissner — Hermosa Beach, said the item should be continued to allow notice to the public; said one reason conditions are better on Pier Plaza is because of the shorter hours of some of the businesses and the earlier closing times should be retained; said it was too bad that the liquor license for II Boccaccio is not worth as much with the earlier closing time even though this business did not cause problems, but others did so this owner is being penalized; Fred Huebscher — Hermosa Beach, said it was not right that this item was on the agenda; said the item gives the appearance that the City believes the Police Chief does not know his job; if the recommendation action is take, it will be necessary to give all other businesses later hours; Ron Newman — Hermosa Beach businessman, said the Alcoholic Beverage Control Department (ABC) would have transferred the license to a new City Council Minutes 1-26-10 Page 12841 • • • owner if the City had not protested it; said the City Council had made the decision not to allow any liquor license transfers to businesses closing later than Midnight and then three months later, they did allow this and there must be consistency and fairness; said he ran a good business and there is no reason he should be penalized; said the City should stop trying to put people out of business and making conditions unattractive for new businesses wanting to rent the empty commercial buildings; Joy Kennelly — said there must be consistency but later hours being allowed is contributing to the image of Hermosa Beach catering not to fine dining but to 20 and 30 -year olds just wanting to have a good time; said she felt bad for the owner trying to sell this establishment but it was important to do what is best for the City as a whole; Greg Newman — Hermosa Beach businessman, described specific instances when restaurants transferring liquor licenses to new businesses were allowed to close later than Midnight and said there must be fairness; said he felt they were being singled out to be penalized; and Police Chief Greg Savelli — said there have been restaurants denied staying open past Midnight and he has employed the same methods he used in other cities in which he worked to control the problem of an overconcentration of alcohol-related businesses in Hermosa Beach; said even if these methods mean a change from what has been done in the past, it does not mean the methods are wrong and he found it unprofessional and inappropriate that it was stated that the City was singling out the Newman's to deny later hours. Proposed Action: To direct the City Manager to withdraw the letter to the Alcoholic Beverage Control Department dated February 11, 2008, Motion Fishman, second Tucker. The motion failed, noting the dissenting votes of Bobko, Duclos and Mayor DiVirgilio. Proposed Action: To receive and file and continue to a future meeting. Motion Bobko. This motion was replaced by a substitute motion. Action: To receive and file and direct staff to prepare a report for an agenda in the next three months for a policy discussion about nightlife and alcohol as it relates. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 11:20 pm, the order of the agenda went to item 6(b). 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. City Council Minutes 1-26-10 Page 12842 • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, January 26, 2010, at the hour of 11:40 p.m. to the joint meeting with the School Board on Thursday, Regular Meeting on Tuesday, January 28, 2010, at 7:00 p.m. • i !tee« LoLeyr-L-Ad City Clerk City Council Minutes 1-26-10 Page 12843 1110 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, January 28, 2010, at the hour of 7:15 p.m. • • ROLL CALL: Hermosa Beach City Council: Present: Bobko, Duclos, Fishman, Mayor DiVirgilio Absent: Tucker Hermosa Beach School District Board of Trustees: Present: Carleen Beste, Jack Burns, Lisa Claypoole, Cathy McCurdy, Ray Waters Absent: None PLEDGE OF ALLEGIANCE — Mayor DiVirgilio PUBLIC PARTICIPATION: Joe Galliani — Torrance, said he volunteered with the South Bay Environmental Service group and the South Bay Council of Governments Green Task Force and he saw opportunities for the School District to take advantage of free services of these groups that will save energy and costs at the school; mentioned the Environmental Charter Lawndale High School with high standards for sustainable features that provide tours and information as well providing volunteers to come to other schools and suggested the School District contact this school to take advantage of their expertise and experience; Robert Fortunato — supported the previous speakers suggestions and said also there is stimulus money available for school green projects and referred to emails he had exchanged with board members; said he and his wife pay the annual fee to the School District to help maintain programs and volunteer daily at school along with hundreds of other parents, and offer their time, tools, energy and resources to maintain the quality of the schools and make them greener, a better place for the children; and Chris Miller — said she was a graduate of Hermosa Beach schools, said children are the future of the City and everyone should want to maintain the quality of the schools; suggested that North School be brought up to standards to possibly lease the facility for a charter school or to allow for expansion of the schools if needed in the future. City Manager Burrell referred to a letter from Hermosa Beach resident Howard Longacre asking that the City Council's Goals Workshop the following Saturday, January 30, be available on cable TV and video streamed on Granicus for viewing live and archival viewing. City Council Minutes 1-28-10 Page 12844 • • Action: To receive and file Mr. Longacre's letter and to direct staff to make the arrangements for viewing live on cable and live video streaming and arrival viewing on the City's website using Granicus. Motion Mayor DiVirgilio, second, Councilmember Fishman. The motion carried by a unanimous vote. 1. MEMO FROM PUBLIC WORKS DIRECTOR REGARDING CROSSWALKS IN THE VICINITY OF SCHOOLS. Public Works Director Richard Morgan presented the staff report and responded to Council and Board questions. Action: To direct staff to: (1) Stripe in yellow the six intersections indicated in the staff report; (2) Investigate the possible rehabilitation of existing sidewalks with the confines of that area; (3) Look into other opportunities to extend safety measures throughout the school routes in the City. Motion Councilmember Duclos, seconded by Mayor DiVirgilio. A proposed motion amendment by Councilmember Fishman was to add a fourth item as follows: (4) To include the North School site, currently being leased by a preschool in the striping project, to paint yellow striping within the 600' guideline around City schools and flashing lights in two directions to be placed on the appropriate street of the intersections as for the other school routes. The amendment was approved by motion maker Duclos and seconder Mayor DiVirgilio. The amended motion carried by a unanimous vote of the City Council and the School Board. 2. DISCUSSION OF RECREATION IMPROVEMENT MAINTENANCE DISTRICT SERVICES. Dr, Frank Newlin presented the staff report and responded to City Council and School Board questions. Action: To task the first meeting of the School Compact with creation of a list of five items for cooperation between the City and the School District to share cost and to take advantage of purchasing items together from sources for a cost savings. Motion Bobko, second Duclos. The motion carried by a unanimous vote of the City Council and the School Board. • 3. AREAS OF POSSIBLE CITY/SCHOOL COOPERATION City Council Minutes 1-28-10 Page 12845 • a. INSTALLATION OF PARKING METERS AT SCHOOL PARKING LOTS. City Manager Burrell presented the staff report and responded to Council and Board questions. Action: To include this topic as one of the five discussion points created by the School Compact at its first meeting. Motion Bobko, second Fishman. The motion carried by a unanimous vote of the City Council and the School Board. 4. CITY/SCHOOL COMPACT — SET MEETING SCHEDULE. Action: It was the consensus of the City Council and the School Board that the three Compact Members present who had calendars available at the meeting suggest two meeting dates for compact member Mayor DiVirgilio to consider within the following 24 hours when he could consults his calendar. Action: To schedule a join meeting with the entire City Council and the entire School Board within the next six months. Motion Claypool, second Bobko. The motion carried by a unanimous vote of the city Council and the School Board. • ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Thursday, January 28, 2010, at the hour of 9:21 p.m. to the Adjourned Regular Meeting (Goals Workshop) on Saturday, January 30, at 8:00 a.m. • D puty City Clerk -- City Council Minutes 1-28-10 Page 12846 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Saturday, January 30, 2010, at the hour of 8:13 a.m. • • FLAG SALUTE: Mayor DiVirgilio ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None Mayor DiVirgilio announced at this City Council Goals/Planning Workshop, public testimony would be taken before the Council began discussion and that there would be opportunities for the public to speak later as well. PUBLIC PARTICIPATION: Coming forward to address the Council at this time were: Robert Fortunato - Hermosa Beach, expressed appreciation of City support of his zero energy house; discussed government stimulus money available and the economic as well as environmental benefits of going green; Joe Galliani - Torrance resident and volunteer in regional environmental groups, reminded the Council of regional resources available; said Hermosa Beach is the South Bay green leader; encouraged the Council to take advantage of the 12 to 18 -month window of opportunity for federal, state and regional financial resources available to achieve the City's environmental goals; Phil Friedl - Hermosa Beach, encouraged the two previous speakers to bring their ideas to the City's Green Task Force; said providing jobs for residents to work where they live might be accomplished by using unused space in the City for technology businesses to provide employment. City Manager Burrell explained the procedure for the workshop, a free-flowing exchange of ideas with common goals ultimately consolidated and prioritized; said a similar workshop held two years ago was moderated by a consultant and today he would be taking the consultant's role. Each Councilmember discussed his specific goals, each listing about eight to ten and wrote them on large pieces of paper posted on the wall. City Attorney Jenkins categorized the goals into six general categories: Liability Containment, Government Operations, Infrastructure Development and Maintenance, Environmental Sustainability, Economic Development and Long Range Planning Development Policies City Council Minutes 1-30-10 Page 12847 • Each Councilmember voted, by placing post -it notes on three of his top goals from all the ones listed, not necessarily in first, second or third priority, but simply three he felt were most important. Coming forward to address the Council at this time was: Joe Galliani — discussed no -cost expertise provided by the South Coast Botanic Gardens for a community garden and from the South Bay Bicycle Coalition for creating a South Bay bikeway. Action: It was the consensus of the Council to rededicate the Green Task Force to pursue some of the sustainability goals discussed, to bring back a plan to the Council by the end of the year to meet these goals and to similarly assign goals to the other appropriate Commissions to assist in reaching goals, such as street repair and maintenance for the Public Works Commission and economic development for the Planning Commission, etc. Each Councilmember discussed details and priorities of the goals in the six categories. City Manager Burrell said he would put these goals together in a report for a future Council meeting, including an update on goals from the 2008 Goals Workshop. III ADJOURNMENT- The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Saturday, January 30, 2010, at the hour of 12:05 p.m. to the Regular Meeting on Tuesday, February 9, 2010, at 6:00 p.m. • City Council Minutes uty City Clerk 1-30-10 Page 12848 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, February 9, 2010, at the hour of 7:05 p.m. • • ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None PLEDGE OF ALLEGIANCE — Steve Hunt CLOSED SESSION REPORT — None, meeting canceled. ANNOUNCEMENTS — Mayor pro tem Tucker invited anyone interested in City revenue and expenditures to a pre -budget Council meeting on Thursday, February 25, at 7:00 p.m., in the Council Chambers and reminded everyone of the St. Patrick's Day parade on Saturday, March 13, at 11:00 a.m. He said he and staff met with the electric vehicle charging station company regarding installation of these stations on upper Pier Avenue and it appeared grant money might be available. He encouraged the community to patronize the businesses on Upper Pier Avenue during construction. Councilmember Bobko reported on an Independent Cities conference he attended the previous week and said he found most interesting a briefing regarding medical marijuana dispensaries by Los Angeles District Attorney Steve Cooley who opposed these dispensaries because of their negative ancillary effect on communities in which they are located. Mayor DiVirgilio discussed a presentation at the same conference in which he learned how easily an ATM card pin number can be obtained while someone is using an ATM. He gave details of the quantity of materials collected during the recent Hazardous Household Waste Roundup in Hermosa Beach. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Tim Beck of Heal the Harbors dated January 28, 2010 regarding an offer of free instruction to the Fire Department and the Public Works Department on the use of dry ice pellets to strengthen sand defenses, beach erosion as well as clean up of oil and fuel spills, a request that the City file a joint application for permit or waiver from the Coastal Commission to test dry ice pellets in the California Coastal Zones and a request for an "even tanning zone" on the beach. No one came forward to address the Council on this letter. City Council Minutes 2-9-10 Page 12849 1111 (b) Letter from Alan Benson dated January 26, 2010 regarding questions pertaining to the Hermosa Beach Police Department statistics. No one came forward to address the Council on this letter. (c) Letter from Fred Huebscher dated February 3, 2010 requesting consideration of ordinances regarding City Council compensation and benefits; City Clerk and City Treasurer compensation and benefits; random drug testing for police officers, firefighters and police and fire management personnel; and, a request for enforcement of Hermosa Beach Municipal Code Section 17.50.080(3) regarding signs. No one came forward to address the Council on this letter. Action: To receive and file all three letters. Motion Mayor DiVirgilio, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Patty Egerer- Hermosa Beach, said she felt the drinking culture in Hermosa Beach and Internet ads with sexual images related to alcohol establishments in the City were contributing to an increase in sexual crimes and assaults; asked the City Council what guidelines they could implement to decrease crime; Joe Galliani - Chair of the 350.org group, praised the City Council for their goals setting workshop on January 30 establishing a long term sustainability plan; said Hermosa Beach was leading by example by being the first South Bay city to sign the climate action agreement in 2006, being energy efficient, preparing for electric vehicles, adopting water conservations ordinances and pledging to become a carbon neutral city; Brian Shields - Hermosa Beach, asked the purpose of the noon whistle emanating from City hall and asked if a petition signed by his neighbors would lead the way toward eliminating this noise (Council replied that he could certainly submit a petition toward his goal); Brenda (no last name given), speaking for Joe Charles - distributed flyers for the Pier to Pier Run/Walk on Saturday, March 6, beginning at the Hermosa Beach Pier at 7:00 a.m. Mark Tilford - Redondo Beach, said he was a volunteer circulator of a petition to put a constitutional amendment on the ballot for a part-time State legislature; said the legislature had been full time only since the mid 1960's and a return to part-time would make the legislature more efficient; he distributed petitions to the Council and asked that they become circulators of this petition; asked people to visit his website at www.reformCal.com Tim Beck - Heal the Harbor, said his organization could train the City's Fire Department and Public Works Department to stop beach erosion and City Council Minutes 2-9-10 Page 12850 • • salvage oil in the coastal zone with an application of dry ice pellets and said they would be conducting experiments on the beach as no permit was required; suggested Hermosa Beach establish an even tanning beach and an elevated bike path; said they had withdrawn their suggestion for a burka beach and their objection to carbon dioxide not being considered a pollutant; and Joe Shapiro— Hermosa Beach, asked that Hermosa Beach be the first city to support FAME, Females and Males for Equality; said women had achieved equality in the work place but not in the social world, where men still paid for dates; asked the City Council to declare a Ladies' Day each month during which women, not men, pay for expenses; provided his email address, rebrokerflightinstructor@hotmail.com for support and comments. City Manager Burrell and City Attorney Jenkins responded to Council questions about businesses using promoters and Mr. Huebscher's letter. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(e) Tucker. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 26, 2010. Action: To approve minutes of the adjourned regular meeting of the City Council held on January 26, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58524 THROUGH 58681. 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 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 20, 2010. City Council Minutes 2-9-10 Page 12851 Action: To receive and file the action minutes of the Public Works Commission meeting of January 20, 2010. (e) RECOMMENDATION TO ACCEPT DONATION OF $1,600 FROM LUCILE BURK DELGADO TO BE USED FOR A COMMEMORATIVE BENCH TO BE PLACED ON THE HERMOSA PIER. Memorandum from Finance Director Viki Copeland dated February 1, 2010. (f) This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept donation of $1,600 from Lucile Burk Delgado to be used for a commemorative bench to be placed on the Hermosa Pier. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE GENERAL SERVICES AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE PERIOD OF JULY 1, 2010 THROUGH JUNE 30, 2015. Memorandum from City Manager Stephen Burrell dated January 26, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6694, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 4, 2010. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 4, 2010. (h) RECOMMENDATION TO ACCEPT THE WORK BY TAMANG ELECTRIC FOR CIP PROJECT NO. 08-654 COMMUNITY CENTER ELECTRICAL UPGRADES; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO TAMANG ELECTRIC (10% RETAINED; 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated February 1, 2010. Action: To approve the staff recommendation to: (1) Accept the work by Tamang Electric for CIP Project No. 08-654 Community Center Electrical Upgrades; City Council Minutes 2-9-10 Page 12852 • (1) (2) (3) Authorize the Mayor to sign the Notice of Completion; and, Authorize staff to release payment to Tamang Electric (10% retained; 35 days following filing of Notice of Completion). RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) 2010 FORD ESCAPE HYBRID 4WD VEHICLE (PAINTED BLACK AND WHITE) TO REPLACE AN EXISTING 2001 DODGE DURANGO (4WD); AND, APPROPRIATE $34,601 FROM THE AIR QUALITY IMPACT FUND. Memorandum from Police Chief Greg Savelli dated February 3, 2010. Action: To approve the staff recommendation to (1) Authorize the purchase of one (1) 2010 Ford Escape Hybrid 4WD vehicle (painted black and white) to replace an existing 2001 Dodge Durango (4WD); and, (2) Appropriate $34,601 from the Air Quality Impact Fund. 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1305 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING TITLE 8, CHAPTER 8.60 WATER EFFICIENT LANDSCAPING TO THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 3, 2010. Action: To waive full reading and adopt Ordinance No. 09-1305. Motion Bobko, second Tucker. The motion carried by the following vote: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 10-1306 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.56 WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN TO TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE AND AMENDING CHAPTER 1.10 FOR CONSISTENCY. For adoption. Memorandum from City Clerk Elaine Doerfling dated February 3, 2010. Action: To waive full reading and adopt Ordinance No. 09-1306. Motion Mayor DiVirgilio, second Fishman. The motion carried by the following vote: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSENT: None ABSTAIN: None City Council Minutes 2-9-10 Page 12853 • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(e) 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. GREEN TASK FORCE SUBCOMMITTEE STATUS REPORTS. Memorandum from Community Development Director Ken Robertson dated February 3, 2010. 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. Phil Friedl, Chair of the Green Task Force, gave an overview of the group's history and accomplishments since they had been formed a year ago, thanked staff for their support and then a member of each subcommittee came forward and gave a report. Steve Hunt, Building Subcommittee, said they established goals, researched and analyzed information to provide recommendations to the City Council by the end of March; said they evaluated standards adopted by other cities to see how mandatory and voluntary building requirements could be applied to Hermosa Beach; said they discussed cost, feasibility, incentive programs and new State green building requirements. Dave Pedersen, Water Subcommittee, said they reviewed water conservation, storm water management, and protection of marine and human life; said they reviewed other cities' storm water management and would provide this information in their final report; discussed the plans for the Upper Pier Avenue project and gray and recycled water; said they would recommend educational materials for keeping the ocean clean, partnered with the County Junior Lifeguard program and were hoping to engage members of the City's Surfers Walk of Fame to assist them with public education. Lisa Ryder Moore, Waste Reduction/Diversion/Recycling Subcommittee, said they were focusing on public education and behavior change; said they had provided input to Consolidated Disposal Service and the trash company was going to print and distribute a door hanger with recycling/waste reduction tips, City Council Minutes 2-9-10 Page 12854 • • hazardous waste information, composting (with discounted compost bins); said they were preparing recommendations by looking at other cities' contracts for a Request for Proposal for the City's next waste hauler contract, with a green waste pilot program; suggested that trash rates should be based on the amount of trash picked up; said they discussed recycling at City Hall and were working with the Chamber of Commerce for green requirements for event permits. Christian Campisi, Transportation Subcommittee, said they discussed the kind of fuels City vehicles were using and when vehicles would be replaced; investigated future technology and fuels that did not exist today; researched use of private cars and public transit education; also discussed free parking for alternate fuel vehicles, electric vehicle and CNG charging stations; said they had been attending South Bay Bicycle Coalition meetings and that Hermosa Beach was ahead of its time having sharrow lanes; said they were looking at other cities transportation plans and tweaking the plans for Hermosa Beach; said they were seeking grant funds to establish a small electric shuttle loop within the City. Coming forward to address the Council on this item were: Julian Katz- Public Works Commissioner, supported the Green Task Force's suggestion of bicycles as alternate transportation; said, in addition to Hermosa Beach's bike master plan, including sharrow lanes, there is discussion of inter -city bikeways in eight Los Angeles County cities; said the Public Works Commission is working on implementation of a bikeway in the master plan and will present its recommendation to the Council in April or May; and Dency Nelson - Hermosa Beach, chair of the Green Task Force's predecessor, the Green Building Committee, which recommended to the Council the establishment of the task force, voiced his recognition of the progress the Green Task Force has made. Green Task Force Chair Phil Friedl returned to the podium at the Council's request and agreed that it would be helpful for the Green Task Force to work more closely with the City Council and to schedule a joint workshop. Action: To receive and file the Green Task Force Subcommittee reports and continue the discussion to a future meeting. Motion Fishman, second Bobko. The motion carried by a unanimous vote. b. APPROVAL OF CONTRACT WITH ECOMEDIA FOR ENVIRONMENTAL SIGNAGE PROGRAM. Memorandum from City Manager Stephen Burrell dated February 2, 2010. • City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 2-9-10 Page 12855 • • • Coming forward to address the Council on this item were: Janice Sakamoto — representing EcoMedia and Hermosa Beach resident, asked the Council to approve the contract for this no -cost program to help the City fund its environmental programs; said the original "adopt a highway" program entered into with the City in 2001 is now called EcoZone and had been broadened to educate Hermosa Beach's residents about lifestyle changes to support environmental sustainability; said EcoMedia would share 50% of the $4,000 per sign paid by corporate sponsors whose logos would appear on the signs with green messages; she projected on the screen an image of a typical sign; Dency Nelson — Hermosa Beach, said the City should be very careful about sponsors, avoiding corporate villains attempting "green wash," and to make sure the logo is not bigger than the message; Georgia Tattoo — Hermosa Beach, said that the example shown, Ben & Jerry's, was not appropriate because of childhood obesity; said it was important the City be allowed to pick sponsors; Janice Sakamoto — returned to the podium to explain that EcoMedia was careful whose sponsorship they accepted and the City would have input as to which companies were featured on its signs. City Manager Burrell mentioned typographical errors in the contract which will be corrected as follows: (1) In the first paragraph of the contract, the date of the contract will be changed to February 9, 2010; (2) In the last sentence of Section 9.1, the reference to "this Section 7" and will be changed to "this Section 9"; and, (2) In the last sentence of Section 9.2(1), the words "No. 1" after Insurance Endorsement will be removed. He also clarified that the banner must comply with the City's banner policy. City Attorney Jenkins clarified that the agreement is for eight signs initially. Action: To approve the staff recommendation to (1) Approve a five-year contract (with changes and clarifications shown above) 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, (2) 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. Motion Fishman, second Bobko. The motion carried, noting the dissenting vote of Duclos. c. OPTIONS FOR REGULATING TRANSIENT SHORT-TERM RENTALS. Memorandum from Community Development Director Ken Robertson dated City Council Minutes 2-9-10 Page 12856 III February 2, 2010. (Staff reports WITH attachments emailed to Council today and hard copy placed before them this evening) Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: John Brierley — Hermosa Beach resident on Silverstrand, urged the Council not to lift restrictions because the City did not have enough staff for enforcement; said he had experienced in his neighborhood disturbances from renters of less than month and the owners of the property have ignored the complaints and not been fined; Diane Kessler — Hermosa Beach resident on Silverstrand, said the number of residents in a dwelling unit and the impact on parking needed to be considered as well as enforcement and fines; said at a previous meeting when Silverstrand residents spoke, the Council was to contact speakers but this was not done; said she felt the Police Department set a low priority on enforcing noise violations; Jackie Welter — Hermosa Beach resident on 21st Street, said she was surrounded by apartments and had called the Police Department many times about a building next door in which long-term tenants had parties about four times a week; said noise was the issue, not whether the people were short-term or long-term renters; suggested a series of escalating fines for property owners of $1,000 to $5,000 to gain compliance; Suzanne Rampay — said her family had owned property on The Strand for 50 years and they had always rented for 30 days minimum; said their tenants had always behaved as if they were owners; said short term renters did not always behave well but did spend a lot of money in town eating at restaurants, etc., and this was good for the City; Tom Malone — Hermosa Beach, said he and his wife had owned a duplex on The Strand for over 30 years and started renting one of the units as a vacation rental 2 1/2 years ago; said they have had a good experience because they did not rent to tenants who were party givers; said many renters patronized the local restaurants; said he was opposed to allowing short-term rentals and to seek compliance by enforcement but if this practice was legalized, he favored the Conditional Use Permit (CUP) process but urged the Council to be cautious because a CUP would run with the property and subsequent owners might not be as responsible; Georgia Tatoo — Hermosa Beach, opposed legalizing short-term rentals because long-term residents cared about the town and provided volunteers to improve the City; Henry (no last name given), speaking for resident Michael Moore — said Mr. Moore had moved from the beach to Hermosa Avenue because of party noise and public urination, but not only from short-term renters; said this was an issue to be enforced with landlords and to provide whatever controls are necessary to promote quality tourism; City Council Minutes 2-9-10 Page 12857 • • Roger Carillum — Hermosa Beach, said property owners should rent to families, not party people; said he started renting for longer periods than 30 days when he learned this was the legal minimum; said his current renters take good care of the property and respect their neighbors; Mrs. Johnston — Hermosa Beach resident and owner of an apartment in Redondo Beach, discussed how many people were allowed to live in a unit; said high rents often encouraged roommates; supported short- term rentals because long-term tenants who caused problems were harder to remove than short-term ones; and Kristen Novoa — Shorewood Realty, Hermosa Beach, favored short-term rentals; said the high rents usually bring in pre-screened higher caliber tenants who are well mannered and sometimes become home owners; said this would increase City revenue and encourage tourism; did not feel parking was an issue because often short-term renters took a taxi from the airport or had local relatives driving them around; Action: To make no change to existing regulations. Motion Tucker, second Duclos. The motion carried, noting the dissenting votes of Bobko and Mayor DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CALIFORNIA STATE PARKS INITIATIVE FOR THE NOVEMBER 2010 BALLOT. Memorandum from City Manager Stephen Burrell dated January 21, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the information and take a position of support on the proposed initiative. Motion Fishman, second Duclos. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL 1, Request from Councilmember Fishman to determine how soon Oak Street near Marineland Mobilehome Park will be repaired and make that repair as soon as possible because of flooding issues during rain. Councilmember Fishman spoke to his request. • City Manager Burrell said he would find out when this street would be repaired and email the information to Councilmembers. City Council Minutes 2-9-10 Page 12858 • 2. Request from Mayor pro tem Tucker to direct staff to enforce people removing recycled materials from residential recycling bins. • Mayor pro tem Tucker spoke to his request stating that he had received complaints from residents in the vicinity of Eighth & Loma who believed their houses were being cased by burglars because break-ins had increased; he said residents also said police cars drove by when recyclables were being removed and did not stop. City Manager Burrell said this was a complaint driven offense but he would speak to Chief Savelli. 3. Request from Councilmember Duclos to direct staff to report at a future Council meeting on methods by which party promoters can be controlled. Councilmember Duclos spoke to his request. Action: To agendize this topic for discussion at a future Council meeting. Motion Duclos, supported by Tucker and Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 9, 2010, at the hour of 10:35 p.m. to Closed Session on February 17, 2010, at 8:00 a.m. City Council Minutes Deputy City Clerk 2-9-10 Page 12859 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Wednesday, February 17, 2010, at the hour of 8:01 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. MINUTES: Approval of minutes of Closed Session meeting held on January 12, 2010, January 26, 2010 and February 9, 2010. 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 ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, February 17, 2010, at the hour of 8:02 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Wednesday, February 17, 2010, at the hour of 8:03 a.m. At the hour of 10:00 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Adjourned Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, February 17, 2010, at the hour of 10:01 a.m. to the Regular Meeting of February 23, 2010 at 6:00 p.m. City Clerk Deputy Ci Jerk City Council Minutes 1 2-17-10 Page 12860 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 23, 2010, at the hour of 6:07 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 February 17, 2010. 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 Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 Pompano v. City of Hermosa Beach, et al. 04-7929 CBM (RCx) 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, February 23, 2010, at the hour of 6:08 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 7:13 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio City Council Minutes 2-23-10 Page 12861 • CLOSED SESSION REPORT — City Attorney Jenkins reported on two closed sessions, one on Wednesday morning, February 17, and tonight's. The Macpherson Oil v Hermosa Beach case was discussed at both sessions. The City petitioned the Court of Appeals for a writ asking them to intervene because the City felt the trial court had incorrectly concluded the City could not raise defenses pertaining to hazards of drilling oil. The Court of Appeals granted the writ and gave the City the opportunity to argue the case on December 7, 2009. The Court of Appeals ruled favorably from those arguments that the City should have been entitled to raise hazards of drilling in a particular location. Under the Oil Code, the City is entitled to deny the drilling project if evidence produced after the 1992 lease demonstrates an undue risk of drilling at this location. Therefore, the court ruled that when the case goes back to trial, the City can present evidence that drilling at that location was unduly hazardous and gives the City more to address than mere damages. The City Council is considering several options and these options were discussed at the closed session on February 17 and tonight. The City Council has made no decision yet and there will be further discussion at the next regular Council meeting. There may be reportable actions at that time. • Regarding the two other items discussed at tonight's closed session, the first was Pompano v Hermosa Beach, a civil rights case regarding an arrest several years ago. The City Council authorized a settlement of $175,000 plus incidental costs. This settlement must be approved by the Claims Committee of the City's insurance carrier and, if approved, this settlement will be funded entirely by the City's insurance carrier. The second case discussed this evening was Lewitt v Hermosa Beach, brought by a City police officer regarding personnel disputes and there were no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos said, on the previous Saturday, the City/School Compact had met with new Councilmembers and School Board members to explore new concepts of sustainability and maintaining quality schools. Mayor pro tem Tucker reminded everyone about the St. Patrick's Day Parade on Saturday, March 13. He announced a meeting on March 3 at 8:30 a.m. with business owners on Upper Pier Avenue and encouraged all residents to continue to patronize these businesses during construction. He also stressed the importance of residents returning their census questionnaire so the City will receive Federal funds to continue City services and maintenance of streets and sewers. Councilmember Fishman announced a City blood drive on Thursday, March 11, from Noon to 6:00 p.m. at a bloodmobile at City Hall; said further information was available from Monica Bagnara in the Human Resources Department; said the Historical Society is having its annual membership drive meeting on Sunday, March 21, at 6:00 p.m. at the Clark Building. City Council Minutes 2-23-10 Page 12862 • Mayor DiVirgilio invited the community to the annual State of the City address on Thursday, March 4, at 6:30 p.m. at the Beach House. • PRESENTATIONS PRESENTATION BY FREE TO BE ME DRUM CIRCLE SABINA SANDOVAL, DIRECTOR Ms. Sandoval described her interest in drumming at an early age; said she had worked with prison inmates, teens with drug issues and had seen remarkable changes from people, even ones who did not speak, expressing themselves through drumming; said the Hermosa Beach group met on north side of the pier every third Sunday and invited all interested parties to join them. Coming forward to address the Council at this time were: Jesse Burke — one of the teens in the Drum Circle, said he joined the team seven months ago and it had been an extraordinary experience which had helped his shyness; said it was not just kids playing drums but mentally disabled people, people who do not speak, etc., all playing together when they might normally not interact; Laura Krug — said she had seen kids come alive with Sabina, who she felt had a gift for creating harmony between rich and poor kids and other people who might not otherwise get along; and Richard Haliburton — a flute player for the drum circle said he joined the group seven years ago, first playing drums, then flute; said he started making his own flutes and now was one of the top flute makers in the country; attributed his successful business to his participation in the Drum Circle. At this time, Sabina and Richard played their drum and flute. PUBLIC PARTICIPATION 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Adrienne Slaughter — Hermosa Beach, announced a Kiwanis Club blood drive on Sunday, February 28, from 9:00 a.m. to Noon at the Kiwanis Hall, 2515 Valley Drive; distributed invitations to the City Council for their joint fundraiser with the Hermosa Beach Woman's Club to benefit the Sunshine Kids Foundation on Saturday, March 6, at 5:00 p.m., at the Kiwanis Hall, with $30 tickets providing dinner, live music, arts and crafts and a silent auction; Roger Bacon — requested the Council agendize for its March 9 meeting a discussion regarding the creation of a PCH/Aviation committee City Council Minutes 2-23-10 Page 12863 • including participation by business owners and landlords, for improvement of curbs, sidewalks, gutters, and an entryway into the City; said there were 35 vacancies on Pacific Coast Highway and PCH and Aviation businesses provided over 50% of the City's sales tax revenue (Mayor DiVirgilio said that this area of the City was discussed by the Council at its recent Goals Workshop); Lori Ford — Owner of the Gum Tree on Upper Pier Avenue, said they were excited about the renovation but needed help in staying open during construction, making sure customers knew the businesses were all open and available parking (Several Councilmembers listed actions being taken to assure the businesses do not suffer reduced patronage during construction, including hiring a Public relations firm, having meetings with business owners and posting informational notices); Sandy Saemann — Hermosa Beach, discussed two topics, the first was what he considered abuse of power by the Community Development Department in presenting "change of use" agenda items to combine changes to several aspects of the business for the Planning Commission to consider, specifically for Sushi Sei, Club Sushi and the North End Bar, which he felt violate parking and occupancy requirements; said these changes should be approved by the City Council; his second topic was increase in crime in the City, specifically burglaries and alcohol-related crimes, and said reviews of alcohol related businesses do not take place even when they are strongly indicated by crimes at the business, violations of alcohol regulations, change of use or overcrowding; Bryce Tony — from Curious, a business on upper Pier Avenue, thanked the Council for the Upper Pier Avenue project; said he recalled negative comments from business owners and residents when Lower Pier Avenue was developed but the outcome was good and is confident Upper Pier will have the same result; said he appreciated the efforts of the City to educate the public that the businesses are open and to encourage them to continue to patronize them. 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(f) Tucker and (h) Duclos and Mayor pro tem Tucker noted for the record that, although he did not want to remove the item for discussion, he was voting no on item 2(i). Motion Tucker, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 26, 2010. • Action: To approve minutes of the regular meeting of the City Council held on January 26, 2010. City Council Minutes 2-23-10 Page 12864 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58682 • THROUGH 58817. 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 DECEMBER 2009 REVENUE AND EXPENDITURE REPORTS. Action: To receive and file the December 2009 Revenue and Expenditure 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 February 11, 2010. (f) (g) Claimant: Seidensticker, Brian Date of Loss: 08-06-09 Date Filed: 02-08-10 Allegation: Violation of civil rights Action: To deny the claim and refer it to the City's Liability Claims Administrator. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated February 16, 2010. This item was removed from the consent calendar by Mayor pro tem Tucker 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 January 31, 2010. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION DECLARING THE CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 27, 2010 FROM City Council Minutes 2-23-10 Page 12865 • • 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2010. Memorandum from Community Development Director Ken Robertson dated February 16, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6695, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 27, 2010, FROM 8:30 P.M. TO 9:30 P.M., INCLUDING TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRICAL DEVICES IN MUNICIPAL AND OTHER FACILITIES AND URGING PARTICIPATION IN EARTH DAY ON APRIL 22, 2010." (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 16, 2010. (i) This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To review and reconsider item #9 in the Planning Commission minutes, a resolution adopted by the Planning Commission to approve a Conditional Use Permit and Precise Development Plan with modifications at 1081 Aviation Boulevard. Motion Duclos, second Bobko, The motion carried by a unanimous vote. Further Action: To receive and file the action minutes of the Planning Commission meeting of February 16, 2010. Motion Tucker, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION SUPPORTING THE STATE PARKS AND WILDLIFE CONSERVATION TRUST FUND ACT OF 2010. Memorandum from City Manager Stephen Burrell dated February 17, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6696, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE STATE PARKS AND WILDLIFE CONSERVATION TRUST FUND ACT OF 2010," noting the dissenting vote of Mayor pro tern Tucker. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION Items 2(f) and (h) were heard at this time but are shown in order for clarity. City Council Minutes 2-23-10 Page 12866 • • • 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 2009-10. Memorandum from Finance Director Viki Copeland dated January 26, 2010. Finance Director Copeland 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: Sgt. Jaime Ramirez, Hermosa Beach Police Officers Association, said it was unwise for the City to balance the budget by decreasing Police Department personnel; said there had been a 6% reduction by not filling vacancies; said of the 39 sworn personnel, there is one chief, one captain, two lieutenants, seven sergeants and 27 officers; said the officers and the sergeants are assigned to patrol and the reduction is exclusively within the patrol division, therefore, five out of the 18 patrol positions will be unfilled, resulting in 18% fewer officers on the streets; Sgt. Kevin Averill — Hermosa Beach Police Officers Association, said the Police Department reductions will have a bad effect on the community; reminded the Council that the State of California and Los Angeles County have authorized the early release of thousands of convicted criminals without parole requirements and over 800 will be returning to the South Bay; said there would be less officers available for special events such as the St. Patrick's Day Parade, Fiesta Hermosa and the Fourth of July; said that officers normally assigned to Pier Plaza have been reassigned to general patrol duty; said it takes six months to fully prepare an officer, with the testing, background checks and training, so even if authorization of the vacancies took place immediately, new officers would not be on their own until August; asked that at least the three funded vacancies be filled; and Sandy Saemann — Hermosa Beach, suggested that free parking downtown might encourage shoppers and diners to patronize the businesses and even though revenue might be lost from parking, sales tax could be increased and it would help businesses get through these tough economic times. Action: To approve the revisions to estimated revenue, appropriations, budget transfers and fund balances. Motion Fishman, second Tucker. The motion carried by a unanimous vote. City Council Minutes 2-23-10 Page 12867 • b. STATUS AND DIRECTION CONCERNING LOCAL COASTAL PROGRAM TO OBTAIN COASTAL PERMIT AUTHORITY. Memorandum from Community Development Director Ken Robertson dated February 16, 2010. • • Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To continue this item to the regular City Council meeting of March 9, 2010, when the report from the Goals Workshop held on January 30, 2010, will be presented to the Council. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 30, 2010 TO DISCUSS THE 2010-12 CITY COUNCIL GOALS. Memorandum from City Manager Stephen Burrell dated February 18, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to schedule an Adjourned Regular City Council meeting on Tuesday, March 30, 2010, to discuss the 2010-12 City Council goals, noting that the meeting will be canceled if not required. At 8:30 p.m., the order of the agenda went to item 4, items removed from the consent calendar for separate discussion. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko to consider implementing a "Safe Drug Drop Off Program" and direct staff to report back with the details of the program. Councilmember Bobko spoke to his request. Action: To agendize this topic for a future City Council meeting. Motion Bobko, second. Supported by Tucker and Mayor DiVirgilio. b. Councilmember Duclos suggested a future discussion on adopting an ordinance regarding the sale of cats and dogs in pet stores. Councilmember Duclos spoke to his request. City Council Minutes 2-23-10 Page 12868 . Action: To agendize this topic for a future City Council meeting. Motion Duclos, supported by Tucker and Fishman. • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 23, 2010, at the hour of 8:46 p.m. to Adjourned Regular meeting on February 25, 2010, at 7:00 p.m. &.)'(--<.(-Deputy City Clerk City Council Minutes 2-23-10 Page 12869 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, February 25, 2010, at the hour of 7:03 p.m. ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None PUBLIC PARTICIPATION: There was no public participation. 1. POLICY DISCUSSION OF BUDGET PREPARATION FOR THE 2010-11 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. REVENUE b. ISSUES c. EXPENDITURES d. PROJECTS e. CONSIDERATION OF OPTIONS f. RESERVE LEVELS The above topics were discussed with general direction and policies given to staff on the issues below to prepare the fiscal year 2009-2010 budget but no actual motions for action. 1. Street maintenance gets first dollars 2. Legacy costs for employees; employee contributions for health insurance and have all employees on same plan, employee contributions to PERS for retirement; change formula for computing retirement benefits and change highest year of salary to three-year average 3. Two-tier system, different for new hires; no immediate savings but for future 4. Public safety accounts for 67% of expenses in budget so can't be ignored when thinking of reductions; however, must maintain public safety 5. How to determine the adequate level of public safety staffing 6. Fire Department consolidation with Redondo Beach and maybe other cities but if included more than Redondo Beach and Manhattan Beach, move cautiously 7. Consider Police Department consolidation also 8. Outsourcing without degradation of service 9. Liability and workman compensation premiums; change levels 10. Prepare RFP's for City attorney and City prosecutor 11. Increase of parking meter enforcement hours instead of raising parking meter rates 12. Replace or buy new vehicles only when absolutely necessary; use money for paving streets instead 13. Councilmember benefits City Council Minutes 2-25-10 Page 12870 • • 14. Overtime versus filing vacancies; 14 vacancies too lean? Public safety positions should be filled? 15. No new hires or wage increases; reduced revenue could mean reduced salaries 16. Public private partnership 17. Short term rentals 18. Consider business license tax changes again, include business community and form subcommittee 19. Review purchasing policies, one office supply source 20. Make sure all businesses have business licenses; require stickers on mobile business vehicles 21. One cell phone carrier for City, better rate, usage seems high 22. Charge for plan changes 23. How many people are using free Wi-Fi; analyze cost 24. Ten per cent energy savings at City Hall 25. Paid holidays 26. Keep employees and retain services 27. Parks & Recreations programs must be revenue neutral 28. Create efficiency with new website 29. Be more business friendly; attract big sales tax generators 30. Hire grant writer and/or lobbyist 31. City Council and staff travel and conferences 32. More volunteer programs like Volunteers in Policing 33. Make animal control program self sufficient 34. Make sure all animals have pet licenses; look for Beware of Dog signs, pet food bowls on porch, knock on doors. 35. Work with Chamber of Commerce for sponsorships/donations for events 36. Maintain infrastructure to keep property tax revenue as high as possible 37. Projects in state of limbo bad for surrounding businesses; require property owners to replace temporary fences with more attractive ones 38. Previous Council support for an updated user fee study every five years 39. Building Maintenance Fund 40. Discuss reserve levels at mid -year budget review ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 25, 2010, at the hour of 8:25 p.m. to Regular meeting on March 9, 2010, at 6:00 p.m. • City Clerk City Council Minutes Deputy Ci y Clerk 2-25-10 Page 12871 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 9, 2010, at the hour of 6:04 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 February 23, 2010. 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, March 9, 2010, at the hour of 6:05 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:03 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:15 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio CLOSED SESSION REPORT — City Attorney Jenkins said there was one public comment before the Council adjourned into closed session and one topic on the agenda, Macpherson v the City of Hermosa Beach. He said the City Council took no reportable actions. Said they authorized the City's attorneys to file a petition for review of the Appeal Court's decision in the California Supreme Court; said a few weeks ago, he announced after a closed session the Court of Appeals had issued a ruling which was favorable on some key points; the City's attorney's said a petition had been filed to review the decision and to dismiss the case without a trial based City Council Minutes 3-9-10 Page 12872 • • • on the Court of Appeals' ruling; said the request to dismiss the case was not granted; said a reply can take 60 days but they can be given an extension to consider the request; said it was discretionary, they do not review every case, less than 5% of those seeking review; said the request would be filed in about a week and a half and he will report back at future meeting of the Court's decision. ANNOUNCEMENTS — Councilmember Bobko expressed his enjoyment of reading Green Eggs and Ham to Ms. Peck's second grade class at View School on March 2 as part of Read Across America; explained his lapel pin represented the Sunshine Kids Foundation, an organization for children fighting cancer, that was supported by many volunteers and civic organizations within the City. Councilmember Fishman announced the establishment of a new group, Hermosa Beach Community Alliance, which recently held its first meeting and, for those interesting in joining, the next meeting will be on Thursday, April 1, at 6 pm in the City Council Chambers; invited interested volunteers to attend a mural project meeting on Saturday, May 1, from 10 a.m. to 1 p.m., on Pier Plaza; Mayor pro tem Tucker said the St Patrick's Parade would be held on Saturday, March 13, even with the construction on Pier Avenue; he also mentioned the Hermosa Beach Woman's Club's work to raise funds for the Sunshine Kids, said the City had met with Upper Pier Avenue business owners the previous week and there would be a flyer for distribution showing what the street will look like when the project is completed in July; reminded the community to patronize the businesses on Upper Pier Avenue during construction; also requested that all residents complete their census form when it arrives so the City will received Federal funding for streets, schools and health services; said the budget process is underway and the City is committed to provide public services even during the difficult economic times; Councilmember Duclos commented on Mayor DiVirgilio's State of the City Address the previous week, being replayed on the City's website; said the Mayor's presentation was inspirational and gave a good vision of the City even in this tough economic climate. He congratulated Public Works Commissioner Julian Katz on being awarded the 2010 Environmental Hero Award from VOICE (Volunteers and Organizations Improving the Community's Environment) for his effort regarding the City's bike plan. PRESENTATIONS PRESENTATION BY THE SOUTH BAY WORKFORCE INVESTMENT BOARD Manny Serrano described the function of the Board and distributed written information about the goal of this group to assist with finding employment, especially for those affected by the economic downturn. PUBLIC PARTICIPATION: City Council Minutes 3-9-10 Page 12873 • • • 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, said the Parks, Recreation and Community Resources Advisory Commission had recommended another AVP event in September to be presented to the Council at a future meeting; said he hoped this Council item would be noticed and recommended that there be additional notice for these large events such as a notice on the beach; opposed this second item because he felt it was not good for the community; Dency Nelson — Hermosa Beach, invited the community to attend Plug -In Hermosa on Sunday, March 14, from 9 a.m. to Noon, at St. Cross Church; said there would be many types of all electric vehicles on display and an opportunity to ask questions of Paul Scott, Vice President of Plug -In America, and learn more about the future of this technology; Jessica Guheen — Hermosa Beach, described Leadership Hermosa's "blue dot" project and distributed flyers explaining the procedure for sponsoring, for $10 per blue dot, replacement of missing or damaged markers in the street indicating a fire hydrant; said a blue dot fundraiser was being held on Thursday, March 25, at Blue 32; she also announced the Friends of the Park annual membership drive, Everything's Green, before, during and after the St. Patrick's Parade on Saturday, March 13, from 10 a.m. to 2 p.m., at the Starfish/Banzai Beach Courtyard, with children's events such as planting sustainable plants, face painting; Roger Bacon — Hermosa Beach commercial property owner, Ralph's Shopping Center, donated $10 to Ms. Guheen for a blue dot, along with Hakam Wiberg from Swedish Pro -Tech; said he learned from attending a meeting of the Association of Creative Real Estate Agents that commercial landlords are having a difficult time finding tenants and that rents are lower; encouraged the City Councilmembers to attend the next meeting of this organization; Jen Aldo — Hermosa Beach Education Foundation gave details of their Hearts of Hermosa 14th annual fundraiser on Saturday evening, March 20, at Saint Rocke; said tickets could be purchased at their website, www.hbef.org; and Joe Galliani — Torrance, said he would be at the St. Patrick's Day Parade and Plug -In America; he reported on green projects suggested by his ad hoc group, also including Dency Nelson and Robert Fortunato, to be presented to the City's Green Task Force and later to the City Council, stating that they hoped this would lead to the City's goal of becoming carbon neutral. City Council Minutes 3-9-10 Page 12874 • 2. CONSENT CALENDAR: • (a) Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(c) Duclos. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR ADJOURNED MEETING OF THE CITY COUNCIL HELD ON JANUARY 28, 2010. Action: To approve minutes of the regular meeting of the City Council held on January 28, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58818 THROUGH 58930 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 52802. 58506, 58599 and 58624, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives Motion Duclos, second Bobko, The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2010 REVENUE AND EXPENDITURE REPORTS. Action: To receive and file the January 2010 Revenue and Expenditure reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE PUBLIC WORKS COMMISSION MEETING OF FEBRUARY 17, 2010. Action: To receive and file the action minutes of the Public Works Commission meeting of February 17, 2010. City Council Minutes 3-9-10 Page 12875 • (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF FEBRUARY 1, 2010. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of February 1, 2010. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(c) 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. REVIEW OF 2010-2012 CITY COUNCIL GOALS STATEMENT. Memorandum from City Manager Stephen Burrell dated March 3, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Roger Bacon — Hermosa Beach commercial property owner, said he requested at the February 23 Council meeting that a committee be formed, including Pacific Coast Highway and Aviation Boulevard businessmen and property owners, to discuss improving conditions in this part of town; said a large percentage of sales tax and property tax comes from this area; suggested a formal City entrance sign be posted near this intersection; Pete Barks — Hermosa Beach, agreed that this area should be more attractive which he felt would help bring business into the City and to encourage the public to patronize businesses in this area; Hakam Wiberg — Swedish Pro -Tech, said he would like to be a member of a committee to bring PCH business owners together; although Pier Avenue is going to be beautiful, PCH could use a more attractive appearance because first impressions are important and this is often the first part of Hermosa Beach many people see; Gus Barks, Jr. — Hermosa Beach, agreed this area needed improvements; said as the main street through Hermosa Beach and the part of town City Council Minutes 3-9-10 Page 12876 • which produces more revenue than any other, there should something there to energize the area that might create more revenue; Javier Sola - Sola Auto Works, said safety was an issue in this area also, citing a serious traffic accident on 21st Street and Pacific Coast Highway; said usually underground utilities are paid for by property owners but the overhead wiring on PCH looks terrible and maybe the City should consider changing this; Jim Lissner - Hermosa Beach, said a decision should be made tonight, to avoid losing income from Pacific Coast Highway businesses; gave an example of El Segundo hanging flowers on the light poles for beautification; said an attractive street, rather than one which looks neglected, shows the city cares and is concerned about businesses and safety; Action: To form a Pacific Coast Highway Committee comprised of Councilmember Fishman and Councilmember Duclos. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Further Action: To form a Business License Fee Committee comprised of Councilmember Bobko and Mayor pro tem Tucker. Motion Bobko, second Mayor DiVirgilio. The motion carried by a unanimous vote. Council consensus was an additional meeting on March 30, 2010, is unnecessary. Further Action: To make a change in the goals to direct staff to begin the process of submitting a local coastal plan to be submitted within a two-year period. Motion Duclos, second Tucker. The motion carried by a unanimous vote. Further Action: To approve the goals statement and direct staff to bring back a preliminary framework for the two newly -formed committees for the April 27 Council meeting. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PIER AVENUE PROJECT. Memorandum from City Manager Stephen Burrell dated March 3, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To allow "no fee" permits for individual store banners from now until construction is finished. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 3-9-10 Page 12877 • • • b. PROPOSED AGREEMENT FOR GOVERNMENT CONSULTING AND ADVOCACY SERVICES. Memorandum from City Manager Stephen Burrell dated March 3, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the agreement for Government Consulting and Advocacy Services with Rice Englander & Associates in the amount of $3,000 per month and change the Insurance section on page 3 of the agreement to indicate that the City is the one being protected by insurance, not the consultant. Motion Duclos, second Bobko. The motion carried by a unanimous vote. 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, March 9, 2010, at the hour of 9:02 p.m. to the Regular meeting on March 23, 2010, at 6:00 p.m. City Clerk d City Council Minutes Deputy . Clerk 3-9-10 Page 12878 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 23, 2010, at the hour of 6:02 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 March 9, 2010. 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 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 3-23-10 Page 12879 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 23, 2010, at the hour of 6:03 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 7:14 p.m. PLEDGE OF ALLEGIANCE — Sam Perrotti CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments or additions to the two items on the agenda for this evening's closed session. Regarding the first item, the Macpherson Oil v Hermosa Beach, he said there were no reportable actions but, as reported at the last meeting, the Council had authorized the filing of a petition to the California Supreme Court for review of a recent Court of Appeals decision and this petition was filed the day before tonight's meeting. Regarding the other agenda item, the Conference with Labor Negotiators, the Brown Act allows the City to have the negotiation team, led by City Manager Burrell, meet with labor unions representing employees. He said there is a list of the various employees' organization on the agenda and there were no reportable actions for this item. ANNOUNCEMENTS — Councilmember Bobko reported on the Hermosa Beach's Education Foundation's fundraiser the previous Saturday night at St. Rocke's; said fundraising efforts produced more than one million dollars. Councilmember Duclos said that he and Mayor DiVirgilio attended a Building Livable Communities Conference the previous weekend in Yosemite National Park presented by the Local Govemment Commission and there would be a formal report submitted to the City Council at the next meeting. He distributed a flyer from the conference, describing the Ahwahnee Principles for Economic Development, emphasizing a green economy and green jobs, an economy of Tess and an abundance of more. He said funding is available for green projects but it would be depleted quickly and suggested the task of applying for these funds should be assigned to the Green Task Force and more details would be provided in the formal report. Mayor DiVirgilio said it was one of the most valuable conferences he had attended, with information provided about tangible environmental suggestions the City could implement immediately and grant information. Councilmember Fishman commended Hermosa Beach resident David Towell for running in his first Los Angeles Marathon. He mentioned that residents should have received their emergency preparedness packets distributed recently and said the information provided was thorough and helpful. He thanked the Emergency Preparedness Advisory Commission and all volunteers who assisted in providing these packets to the community. He said anyone who did not receive a packet should contact the City Manager's Office at City Hall. City Council Minutes 3-23-10 Page 12880 • • Mayor pro tern Tucker thanked staff for one of the best St. Patrick's Day Parade ever, even with the construction on Pier Avenue present. He reminded all residents to continue to shop and dine on Pier during this construction. Councilmember Bobko said he was honored to have shared a car with the Air Force Airman of the Year, a lovely young lady who attended the parade and patronized some of the City's businesses along with her husband. Mayor DiVirgilio said the previous weekend he had joined about 15 to 20 second to eighth grade Hermosa Beach students who replaced plants at 22nd Street and the Strand damaged by sand and trampled by beachgoers; said these plants were donated by the City's landscape company and the project was coordinated by the Public Works Department staff and the Public Works Commissioners. He said this was a great project to reach the students to take care of the environment and help their community and he distributed reusable bags to the City he received at the planting project. PRESENTATIONS PRESENTATION BY PAWS TO READ Community Library Manager of the Hermosa Beach Library Elmita Brown introduced Paws to Read Coordinator Maggie Hackney, of SPCA/LA, who described pairing up dogs and their owners with children who have reading and self confidence difficulties and have the children read to the dogs with no fear of criticism; said the program is offered at the Redondo Beach and Hermosa Beach libraries, told inspiring success stories and introduced participant owners and their pets who were present. Dorothy Yost, Friends of the Library President, spoke in support of this project and presented each pet owner with a pet store gift certificate. PRESENTATION BY DAN THOMPSON REGARDING GREEN BUIILDING Hermosa Beach resident Robert Fortunato said in the course of building his net zero energy house he had encountered many environment experts and introduced Charisse Bartholomew Dunn, Owner of Healing Spaces by Design, Inc. and Dan Thomsen, owner of The Building Doctors whose businesses analyze a home, make suggestions for change and test and measure the sustainability of a home. Mr. Fortunato said he would be having a demonstration of the kind of testing they do at his home on Saturday, March 27 from 3 to 5 p.m. and asked that those interested please register at www.greenidea.com. • Charise Bartholomew Dunn said that even though most people think cars are the main contributor to environmental problems, buildings actually contribute to a larger City Council Minutes 3-23-10 Page 12881 • carbon footprint; said the performance of a home in environmental matters can be tested. Dan Thomsen described the steps his company takes to ensure that a house is the most energy efficient, healthy, durable and comfortable possible and said they provided a third -party verification at the completion of their work. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two written communications this evening. (a) Letter from Howard Longacre dated March 15, 2010 regarding problems with the way a proposed September 17-19 Commercial Event Application was handled to date and a suggestion that the matter be properly reheard by the Parks and Recreation Commission in their April 6 meeting such that there may be proper Brown Act agenda noticing, and an advertised public hearing with locations -posting, as per historic city policy for such events applications, and prior to commencement of the announced April 27 public hearing on the matter by the Council; and, Business Model being used by the City, is it to be more of the same, bars, restaurants and downtown visitor intensification? No one came forward to address the Council on this letter. City Manager Burrell said, after speaking to the City Attorney, the Parks, Recreation and Community Resources Advisory Commission would rehear the item on April 6 and then it would be on the April 13 City Council agenda. (b) Letter from Kirk Sannella, owner of Skinny Minnie's Hermosa Beach, requesting to apply for a Conditional Use Permit and Parking Plan to allow outdoor seating in connection with a snack shop without paying the required fee. Memorandum from Community Development Director Ken Robertson dated March 16, 2010. Coming forward to address the Council on this letter were: Kirk Sannella — owner of Skinny Minnie's, said it was determined by the City to be a snack shop rather than a restaurant and at the time he knew he did not have enough room inside for seating but said the area being used outside is dead space and his patrons are asking to use it rather than having kids sit on the curb; said he was bringing in the portable tables every night and did not see how the tables presence could be hurting anyone; said he had the same business in other cities, Gardena for one, and that they were thrilled to have him and approved his business simply over the counter; said it was a shame that one resident complained continuously wasting everyone's time and money; City Council Minutes 3-23-10 Page 12882 • said at the time his business was approved, he was permitted a patio area but without tables, the customers will not come back. Community Development Director Robertson responded to Council questions. City Attorney Jenkins said the City's municipal code required a Conditional Use Permit (CUP) for outdoor dining and that a financial hardship would have to be proved to waives fees for applying for a CUP; said the fees were to cover the City's staff time and there was no profit; he said Mr. Sannella could submit tax returns and business records if he wished to be considered for a hardship fee waiver. Public participation continued as follows: Kirk Sannella — owner of Skinnie Minnie's returned to the podium and said he paid $3,600 for a hearing to be considered a snack shop and said even though he knew he had no room for interior seating, he was not told he was denied exterior tables; said each of his businesses is a separate entity but he could show his records for this business which opened in August 2009; (Community Development Director Robertson said Skinnie Minnie's was designated as a "to go" business with no seating. Roger Bacon — property owner, said, in light of the 35 vacancies on Pacific Coast Highway, the City should be more business friendly; said it was unfair to ask Mr. Sannella for another $2,200 when he had already paid $3,600; said people were protected outside by the bollards he paid for and his business would not be able to survive without the exterior tables; and Sam Perrot — Planning Commissioner, said he is concerned about heading down a slippery slope; said is a common procedure for a business to come before them with a parking plan and later apply for a CUP. City Attorney Jenkins stated that the Council could not take action on a written communication and even if Mr. Sannella misunderstood that he could not have outdoor dining, a CUP was still required for this and, unless the Council wanted to agendize discussion of a text amendment to modify the municipal code, this requirement was in place. He reiterated unless there is a financial hardship the CUP application fee cannot be waived; said if the City did not receive fees to pay for staff time, with the current budget crisis, this would result in a reduction in services and/or maintenance of the City's infrastructure. Action: To receive and file the letter and to suggest that Mr. Sannella meet with staff to see if he could have exterior benches but not tables and chairs, and to bring in financial information to be considered for a hardship fee waiver. Motion Tucker, second Fishman. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Dencv Nelson — Hermosa Beach, said that the previous day was World Water Day and he explained that bottled water is no cleaner than tap City Council Minutes 3-23-10 Page 12883 • water and costs 2,000 times as much; said tap water has lowest carbon footprint of any beverage; provided two Brita pitchers and a year's supply of filters and asked the Councilmembers to bring their own reusable bottles in the future; Joe Galliani — Torrance, said only two out of ten plastic water bottles are recycled; commended Hermosa Beach for being a part of Plug -In America and for putting together a master bike plan so riders can reduce carbon by peddling. Robert Hepp — Hermosa Beach, said he raised concerns with the Planning Commission and the Building Department regarding a project at 1072 Aviation with a retaining wall; said hard hats should be worn; said almost every morning the construction begins before 8 a.m.; said he was concerned about the way the building was designed; said it was legal nonconforming because of the narrow lots near Prospect and Aviation; said there is more than a 90 -degree turn for the driveway which would mean he and his neighbors are going to lose access to garages and put more cars on the street; asked that the wall be moved over two to three inches so it is not hit (City Manager Burrell suggested that he call the police Department the next time they begin construction before 8 a.m. and to call him the following morning to sort out the problems, saying that some of the issues may not be within the jurisdiction of the City); and Roger Bacon — Commercial property owner at Pacific Coast Highway and Aviation Boulevard, followed up on his request at the previous Council meeting to form a coalition of business owners, landlord, and City representatives to research ways to improve Pacific Coast and Aviation; he suggested several people to participate in this collation. 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(g) Duclos. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on January 30, 2010; 2) Minutes of the Regular meeting held on February 9, 2010; 3) Minutes of the Adjourned Regular meeting held on February 17, 2010; and 4) Minutes of the Regular meeting held on February 23, 2010. Action: To approve minutes, as presented, of the Adjourned Regular meeting of the City Council held on January 30, the Regular meeting held on City Council Minutes 3-23-10 Page 12884 • February 9, the Adjourned Regular meeting held on February 17 and the Regular meeting held on February 23, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 58931 THROUGH 59064 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 57234, 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: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2010 REVENUE AND EXPENDITURE REPORTS. • Action: To receive and file the January 2010 Revenue and Expenditure reports. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated March 15, 2010. (f) (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of January 31, 2010. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated March 17, 2010. Action: To receive and file report of Customer Service Surveys/Complaints. 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 16, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting, asking if this excellent program could be enhanced to accelerate solar panel permits and have staff take a closer look to make this program as desirable as possible. City Council Minutes 3-23-10 Page 12885 • • Action: To extend fee waivers and reductions for installation of photovoltaic solar panels for another year and to direct staff to bring back a report with suggested enhancements to the program, including possibly reduced fees after researching the number of hours needed for inspection of these projects. Motion Duclos, 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 MARCH 2, 2010. (i) (i) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 2, 2010. RECOMMENDATION TO ACCEPT THE WORK BY ACTION 1 CONSTRUCTION FOR CIP PROJECT NO. 07-649 COMMUNITY CENTER GENERAL IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ACTION 1 CONSTRUCTION. (10% RETAINED; 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated March 15, 2010. Action: To approve the staff recommendation to: (1) Accept the work by Action 1 Construction for CIP Project No. 07-649 Community Center General Improvements; (2) Authorize the Mayor to sign the Notice of Completion; and, (3) Authorize Staff to release payment to Action 1 Construction. (10% retained; 35 days following filing of Notice of Completion). RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 16, 2010. Action: To receive and file the action minutes of the Planning Commission meeting of March 16, 2010. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF MARCH 8, 2010. Action: To receive and file the action minutes of the Green Task Force meeting of March 8, 2010. 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. City Council Minutes 3-23-10 Page 12886 • 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 DECISION TO APPROVE A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW OUTDOOR STORAGE OF SUPPLIES AND VEHICLES IN CONNECTION WITH A NEW LANDSCAPING BUSINESS ON A 7,900 SQUARE FOOT LOT CONTAINING AN EXISTING 1,140 SQUARE FOOT BUILDING, AND CONFIRMATION OF PARKING REQUIREMENTS AT 1081 AVIATION BOULEVARD (NATIONAL GREENS, INC.) Memorandum from Community Development Director Ken Robertson. Councilmember Fishman recused himself from hearing the item and left the room at 8:50 p.m. Community Development Director Robertson presented the staff report and responded to Council questions. • Councilmember Bobko and Mayor DiVirgilio revealed ex parte conversations they had with the applicant and his agent. The public hearing opened at 8:59 p.m. Coming forward to address the Council on this item were: Bob Duarte — business owner, said the property owner does not want to spend any money on improvements; said he had already paid three months rent and spent $50,000 making the building look presentable while waiting for his plan to be approved and he was anxious to continue his work so was hoping to be able to apply for permits right away; Dan Karasevicz — said he was familiar with Mr. Duarte's proposal and, especially in these difficult economic times, it was good for the City to have someone beautifying this property; said since he had entered into the lease with the property owner, with whom he has an option to purchase, he has agreed to comply with all health and safety issues required by the City; said the building, built in 1910, had been brought up to compliance with the code and next year Mr. Duarte was planning to obtain financing to purchase the property; said the last minute assumption that the current property owner could contribute to paving the parking lot, could be the problem which keeps this business form moving forward; suggested that maybe the parking lot could be temporarily paved with gravel. The public hearing was closed at 9:04 p.m. City Council Minutes 3-23-10 Page 12887 • Action: To approve the staff recommendation to adopt Resolution No. 10- 6697, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW OUTDOOR STORAGE OF SUPPLIES AND VEHICLES IN CONNECTION WITH A NEW LANDSCAPE BUSINESS, AND CONFIRMATION OF PARKING REQUIREMENTS, AT 1081, 1085 AND 1087 AVIATION BOULEVARD, LEGALLY DESCRIBED AS SOUTHEAST 58' OF LOTS 47 & 48, AND ALL OF 49 & 50, HERMOSA HEIGHTS TRACT BEING LOT 14, BLOCK 88 OF SECOND ADDITION TO HERMOSA BEACH," replacing paragraph 12 on page 3 of the staff report with paragraphs 11 and 12 in the original staff recommendation from the Planning Commission hearing. Motion Bobko, second Mayor DiVirgilio. The motion carried, noting the recusal of Councilmember Fishman. Councilmember Fishman returned to the dais at 9:05 p.m. 6. MUNICIPAL MATTERS a. CONSIDERATION OF A PROPOSED ORDINANCE PROHIBITING THE SALE OF DOGS AND CATS IN COMPANION ANIMAL STORES. Memorandum from City Manager Stephen Burrell dated March 17, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 10-1307, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING NEW CHAPTER 66.16 TO TITLE 6 OF THE MUNICIPAL CODE REGARDING THE RETAIL SALE OF DOGS AND CATS." Motion Duclos, second Tucker. The motion carried by a unanimous vote. b. FEASIBILITY STUDY OF THE COMMUNITY SAFE DRUG DROP-OFF PROGRAM TO BE ADMINISTERED BY THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli dated March 17, 2010. Police Chief Savelli presented the staff report and responded to Council questions, saying that after he completed the staff report, he realized he could have suggested other drop-off locations. City Manager Burrell also responded to Council questions. Action: To receive and file the report and to direct staff to contact the County to see if these types of items could be included in their hazardous household/e-waste roundups. City Council Minutes 3-23-10 Page 12888 • • • Motion Tucker, 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 a. Request from Mayor pro tem Tucker to agendize a discussion about parking tickets on Pier Avenue during the construction. Mayor pro tem Tucker spoke to his request, suggesting that possibly the two- hour limit could be extended to further encourage patronizing Upper Pier businesses during construction. Action: To agendize this for a future Council meeting and direct staff to include in the report the number of tickets issued on Upper Pier Avenue since construction began. Motion Tucker, supported by Bobko and Mayor DiVirgilio. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 23, 2010, at the hour of 9:40 p.m. to the Regular meeting on April 13, 2010, at 6:00 p.m. ity Clerk Deputy City erk City Council Minutes 3-23-10 Page 12889 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 13, 2010, at the hour of 6:04 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 March 23, 2010. 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: Negotiating Parties: Under Negotiation: 70 14th Street, APN# 4183-003-126 Beach Girl Properties, LLC Stephen Burrell Price & Terms of Payment 5. 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) City Council Minutes 4-13-10 Page 12890 • • Name of Case: Case Number: Name of Case: Case Number: Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 Lewitt v. City of Hermosa Beach CV09-2543CAS Johnny Anderson v. City of Hermosa Beach CV06-5078 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 13, 2010, 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 at 7:01 p.m. PLEDGE OF ALLEGIANCE — Boy scout Andrew (no last name given). CLOSED SESSION REPORT — City Attorney Jenkins reported on the first part of the Closed Session, noting that time ran out and the remainder of the items would be discussed at a continued closed session this evening after the close of the regular meeting. There were no public comments and upcoming labor negotiations with the associations listed on the agenda were discussed and the City Council gave the City Manager direction on how to proceed. The other items would be addressed after the regular meeting and if there were reportable actions, he would provide that information at the next regular Council meeting. He stated that the City's petition to the California Supreme Court for review of a recent Court of Appeals decision regarding the Macpherson Oil case was still pending and there was nothing new to report. ANNOUNCEMENTS — Councilmember Duclos discussed the petition being circulated throughout California cities to qualify for a measure to be placed on the November 2010 ballot to protect taxpayer dollars and a city's ability to deliver vital services by prohibiting the State from raiding city funds. He thanked everyone who helped and the Beach Reporter for taking a special interest in making the public aware of the petition. Councilmember Bobko described a punk rock art show he attended at the Hermosa Beach museum a couple of Saturdays ago and encouraged everyone to attend if it comes around again. Councilmember Fishman congratulated Public Works Commissioner Julian Katz, who assisted the City in getting a bikeway grant, on being recognized as Man of the Year by VOICE (Volunteers and Organizations Improving the Community's Environment) at Noon, Saturday, April 17 at Manhattan Beach's Pollywog Park; said the zero carbon group recently met with local businesses to demonstrate benefits of City Council Minutes 4-13-10 Page 12891 • • • roof solar panels and there was some interest expressed; announced a tri -city Sisters Cities fundraiser on Sunday, May 2, from 1-4 p.m. at Ortega 120 in Redondo Beach with details at www.hb-sistercity.org. Mayor pro tem Tucker invited the community to a Surfer's Walk of Fame fundraiser with silent auction and surf movies at 6 p.m. on Friday, April 16, in the Community Center Theater, and the induction ceremony at 11 a.m. on Saturday, April 17, at the pier head; announced a Woman's Club fundraiser, a Chinese silent auction, at noon on Wednesday, May 14, in the Clark Building, with $20 tickets including lunch and 10 auction tickets. Councilmember Duclos congratulated Tiger Makin, this year's Surfer Walk of Fame inductee, and encouraged all residents to take a look at the plaques on the pier from previous induction ceremonies to see the who's who of surfing in Hermosa Beach. Mayor DiVirgilio asked that the meeting be adjourned in memory of Gordon Evans, a Hermosa Beach resident for more than 50 years who was a World War II veteran, sculptor, painter and illustrator. The mayor expressed his condolences to Mr. Evans' three children and four grandchildren. INTRODUCTION OF LIEUTENANT GARTH GAINES Chief Savelli introduced Lt. Garth Gaines, a 22 -year veteran of the Hermosa Beach Police Department, who was recently promoted through an internal process to supervise the operations division of the department. Lt. Gaines said he grew up in Torrance but Hermosa Beach was like a second home and he thanked the City for this opportunity. PRESENTATIONS 2010 CROSSING GUARD OF THE YEAR THOMAS JACKSON Mr. Jackson was not present but Mayor DiVirgilio thanked him for his diligent service and said the commendation would be given to his supervisor. PRESENTATION BY BEACH CITIES HEALTH DISTRICT STEPPIN' OUT PROGRAM Mike Shaw, Communications Manager for the Beach Cities Health District, challenged residents and the Councilmembers to walk 70,000 steps during the week of April 19-25. He described the online registration and reporting process and presented a pedometer to each Councilmember. PROCLAMATION RECOGNIZING APRIL AS City Council Minutes 4-13-10 Page 12892 • • • SEXUAL ASSAULT AWARENESS MONTH AND APRIL 21, 2010 AS DENIM DAY Mayor DiVirgilio said the proclamation would be sent to the organization sponsoring this awareness. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Julian Katz — Hermosa Beach Lawn Bowling Club President, invited the community to an open house at the lawn bowling field on Saturday, May 8, from 10 a.m. to 3 p.m.; said there would be pizza and bowling lessons. Rick Hankus — Java House and Ocean Diner, said he supported the Upper Pier Avenue project but was disappointed by the slow progress and how it has affected businesses; Lori Ford — Gum Tree, said she and her husband believed the results will be amazing when the project is complete but were struggling to maintain their business during the construction; suggested creative solutions for improving the situations such as validating for free parking in the City parking structure or having a valet service from various lots in the City; felt the public relations firm hired by the City might have other ideas; Mark Hopkins — Hermosa Beach, discussed the water conversation ordinances recently adopted by the City; said he realized the State was mandating certain measures but was concerned that the enforcement was too harsh and about a rumor there was a hot line for neighbors to report each other to be citied for violations (Council members and staff assured Mr. Hopkins that education was the first priority rather than enforcement and there was no such hot line); Roger Bacon — Ralphs Shopping Center, discussed his involvement in the initiating of the Surfers Walk of Fame and said the City should have pride in the surfing pioneers and champions; volunteered plaques with errors, which were replaced, for auction or sale to raise money for the program; thanked the Council for establishing the PCH/Aviation Improvement Committee; Geoff Hirsch — Hermosa Beach, commended those obtaining signatures to put an item on the ballot to keep the State from raiding City funds; and Carla Merriman — Executive Director of the Hermosa Beach Chamber of Commerce and Visitors Bureau, announced plans for a grand opening celebration when the Upper Pier Avenue Project was complete; encouraged businesses affected by the project's construction to take advantage of the Chamber's subsidized advertising program and City Council Minutes 4-13-10 Page 12893 • urged residents to shop and dine there; said these businesses had been offered free booths at Fiesta Hermosa; said there would be a bicycle valet program at the Fiesta; said the presentation by the carbon zero group to businesses had been very informative and there were more meetings planned to discuss green measures. 2. CONSENT CALENDAR: (a) 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(d) and (f) Tucker. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on February 25, 2010; 2) Minutes of the Regular meeting held on March 9, 2010; and 3) Minutes of the Regular meeting held on March 23, 2010. Action: To approve minutes, as presented, of the Adjourned Regular meeting of the City Council held on February 25, the Regular meeting held on March 9, and the Regular meeting held on March 23, 2010. • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59065 THROUGH 59273 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 57235, 57236, 58420, 58758, 58990, 59022, 59024, 59036 and 59103, 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: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO ACCEPT DONATIONS OF $1,600 FROM SUSAN BAILEY TO BE USED FOR A MEMORIAL BENCH FOR GARY R. ILSON AND $10,000 FROM GAIL & RICE PRODUCTIONS, INC. TO BE USED FOR SUNSET CONCERTS IN SUMMER 2010. Memorandum from Finance Director Viki Copeland dated April 5, 2010. City Council Minutes 4-13-10 Page 12894 • • This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $1,600 from Susan Bailey to be used for a memorial bench for Gary R. Ilson; and $10,000 from Gail & Rice Productions, Inc. to be used for Sunset Concerts in summer 2010. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 1, 2010. (f) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 1, 2010. RECOMMENDATION TO ADOPT A RESOLUTION EXEMPTING CERTAIN VEHICLES FROM PAYMENT AT SILVER POST (2 AND 3 HOUR) PARKING METERS, AND RESTRICTING ACCESS TO FULLY ELECTRIC AND NATURAL GAS VEHICLES. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. Chief Savelli and City Manager Burrell responded to Council questions. Coming forward to address the Council at this time was: Dency Nelson — Hermosa Beach, said it was important to be able to recognize the vehicles eligible for free parking; said CNG vehicles displayed a recognizable blue diamond and fully electric vehicles can apply for a white sticker issued by the California Department of Motor Vehicles. (g) Action: To approve the staff recommendation to adopt Resolution No. 10- 6698, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE PAYMENT EXEMPTION AT SILVER POST METERS TO FULLY ELECTRIC AND NATURAL GAS VEHICLES," and to revisit the issue in two years. Motion Tucker, second Mayor DiVirgilio. The motion carried, noting the dissenting vote of Fishman. RECOMMENDATION TO APPOINT COUNCILMEMBER FISHMAN AS THE ALTERNATE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF City Council Minutes 4-13-10 Page 12895 • GOVERNMENTS. Memorandum from City Manager Stephen Burrell dated April 7, 2010. Action: To appoint Councilmember Fishman as the alternate to the Southern California Association of Governments. 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1307, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING NEW CHAPTER 6.16 TO TITLE 6 OF THE MUNICIPAL CODE REGARDING THE RETAIL SALE OF DOGS AND CATS." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 1, 2010. Action: To waive full reading and adopt Ordinance No. 10-1307. Motion Duclos, second Tucker. The motion carried by the following vote: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION • Items 2(d) and (f) 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. DETERMINE RETENTION FOR VIDEO ON GRANICUS SYSTEM AND ADOPT RESOLUTION AUTHORIZING SCHEDULE NO. 3 — A REVISED RECORDS RETENTION SCHEDULE FOR THE CITY. Memorandum from City Clerk Elaine Doerfling dated April 7, 2010. Two supplementals from City Clerk Doerfling received April 11, 2010. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 10- 6699, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING RETENTION City Council Minutes 4-13-10 Page 12896 • • • SCHEDULE NO. 3 FOR THE MAINTENANCE AND DISPOSITION OF CITY RECORDS." Motion Duclos, second Tucker. The motion carried by a unanimous vote. b. UPDATE ON PIER AVENUE CONSTRUCTION PROJECT. Oral report from Public Works Director Richard Morgan. 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 at this time were: Jim Guerrero — Harris Corporation, providing construction management for the project, said four days' delay were attributed to weather and 12 days because of unforeseen conditions; Bijan Perouz — owner of the Pima Corporation, providing construction on the project; explained unforeseen problems which required digging deeper trenches and the delay to assure safety and quality construction; said he was committed to have crews work every Saturday to catch up; Robert Setareh — Operations Manager of the Pima Corporation, commented on specific situations observed by residents which slowed the project; Lori Ford — Gum Tree, asked how long a sidewalk in a block would be gone when sidewalks were being rebuilt in that block (Jim Guerrero estimated about a month); Roger Bacon — said that the Christian Science Church would be happy to donate their parking lot, except on Sunday and on Wednesday evening, for a donation and he offered to help coordinate; and Rick Hankus — Java Man and Ocean Diner, discussed the availability of parking on Upper Pier Avenue. Action: Council consensus was to receive and file the report and to direct staff to provide a progress report at each Council meeting. At 8:15 p.m., the order of the agenda went to item 6(b) c. PACIFIC COAST HIGHWAY/AVIATION IMPROVEMENT COMMITTEE — FORMATION OF THE COMMITTEE AND ADVERTISEMENT FOR APPLICANTS. Memorandum from City Manager Stephen Burrell dated April 8, 2010. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 4-13-10 Page 12897 • • Coming forward to address the Council on this item were: Roger Bacon — Ralphs Shopping Center, suggested Mayor pro tern Tucker as an alternate for the two Councilmember positions on the committee since the Planning Commission and Public Works Commission members would have alternates; suggested the City invite a landscaper and a civil engineer to work pro bono to design something beautiful for the two streets, not just a representative from Caltrans; and Geoff Hirsch — Hermosa Beach, said the committee should be established with applications, public interviews and selection based on merit; Action: Along with Councilmembers Duclos and Fishman, to appoint a Planning Commissioner and a Public Works Commissioner, with an alternate for each, to constitute the elected and appointed members, who will then interview the business people and residents who submit applications. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Manager Burrell clarified the deadline for submitting applications will be 6:00 p.m. on Tuesday, May 25 and the fact that all committee applicants should attend the first meeting of the committee on Thursday, June 3. At 9:17 p.m., the order of the agenda went to item 6(a). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL a. Request by Mayor Pro Tern Tucker that the City Council ask the Planning Commission to amend the municipal code to allow placement of tables and chairs on private property in shopping centers and strip malls without any permits. Mayor pro tern Tucker spoke to his request. Action: To refer the matter to the Planning commission. Motion Tucker, supported by Fishman and Duclos. ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 13, 2010, at the hour of 9:37 p.m. to a closed session. • RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 10:00 p.m., with all Councilmembers present except Mayor pro tem Tucker. At the hour of 10:45 p.m., the Closed Session adjourned to the Regular Meeting. City Council Minutes 4-13-10 Page 12898 • • • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Gordon Evans, on Tuesday, April 13, 2010, at the hour of 10:46 p.m. to the Regular Meeting of Tuesday, April 27, 2010, at 6:00 p.m. City Council Minutes Deputy City Clerk 4-13-10 Page 12899 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of IIHermosa Beach, California, held on Tuesday, April 27, 2010, at the hour of 6:02 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 April 13, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Name of Case: Case Number: Name of Case: Macpherson v. City of Hermosa Beach BC172546 Lewitt v. City of Hermosa Beach CV09-2543CAS Johnny Anderson v. City of Hermosa Beach City Council Minutes 4-27-10 Page 12900 • • Case Number: CV06-5078 Initiation of Litigation: Government Code Section 54956.9© 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, April 27, 2010, at the hour of 6:03 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:08 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:12 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio CLOSED SESSION REPORT — City Attorney Jenkins said there was one public comment before the meeting was adjourned to closed session. He said negotiations with employees were discussed and the City Council provided direction to the City Manager. Of the three existing litigation items, he said there was nothing to report on the Macpherson oil case with the petition for review by the California Supreme Court still pending; there was nothing new to report on Lewitt v Hermosa Beach, a case involving a Hermosa Beach police officer or Anderson v Hermosa Beach, a suit against the City by a tattoo artist challenging the City's prohibition against tattoo shops in the City. He said there was one potential litigation item and the Council took no action. He said there was nothing to report on any of the items discussed on the closed session agenda. ANNOUNCEMENTS — Councilmember Duclos said he attended the South Bay Council of Governments Board of Directors meeting the previous week and accepted an acknowledgment by Southern California Edison that Hermosa Beach is one of three South Bay cities which have established energy savings policies. He then presented the plaque to City Manager Burrell. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Eric Fonoimoana — Hermosa Beach, asked that item 2 (m), Planning Commission minutes, be removed from the consent calendar for separate discussion; Michael Bell — Hermosa Beach, Bell Event Services, asked that item 2(1), Parks, Recreation and community Services Advisory Commission minutes, be removed from the consent calendar for separate discussion; City Council Minutes 4-27-10 Page 12901 • • • Geoff Hirsch — Hermosa Beach, provided details of a Sister Cities Association fundraising event on Sunday, May 2, from 1-4 p.m. at Ortega 120 in Redondo Beach; Julian Katz and Ann Hempelmann — Chair of the Public Works Commission and a Member of the Green Task Force, respectively, discussed the carbon neutral committee and the South Bay Bike Coalition grant and National Bike to Work Week; asked that a member of the City Council sign an opinion -editorial newspaper article as one of many co-chairs of this event (Mayor DiVirgilio volunteered); Jim Lissner — Hermosa Beach, asked that item 2 (f), Project Status Report, be removed from the consent calendar for separate discussion; requested that the City Council appeal the recent decision by Alcoholic and Beverage Control to reject the City's attempts to place conditions on II Boccaccio; and Edgar Saenz — State Assembly candidate for the 53rd District, said he supported extension of the South Bay green line into Torrance and LAX and a pilot dog beach at Dockweiler Beach. 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), (I), (m) removal requested by speakers and (j) Tucker. Motion Bobko, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 13, 2010. Action: To approve minutes of the regular meeting of the City Council held on April 13, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59074 THROUGH 59429 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 58497and 58874, 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: 1) Tentative Future Agenda Items; and, 2) City Council Directives City Council Minutes 4-27-10 Page 12902 • (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the March 2010 financial reports. (e) RECOMMENDATION TO APPROVE THE PURCHASE FROM SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY (RCC) OF THIRTY- THREE (33) NEW PORTABLE RADIOS FOR $49,886.89 OUT OF THE EQUIPMENT REPLACEMENT FUND AND APPROVE AND APPROPRIATE COPS FUNDS TO PURCHASE NINE (9) NEW MOBILE AND ELEVEN (11) NEW PORTABLE RADIOS FROM RCC FOR $12,141.84 FOR COMMUNITY SERVICES. Memorandum from Police Chief Greg Savelli. (f) Action: To approve the staff recommendation to: (1) Approve the purchase from South Bay Regional Public Communications Authority (RCC) of thirty-three (33) new portable radios for $49,886.89 out of the Equipment Replacement Fund: and (2) Approve and appropriate COPS funds to purchase nine (9) new mobile and eleven (11) new portable radios from RCC for $12,141.84 for Community Services. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated April 13, 2010. This item was removed from the consent calendar at the request of resident Jim Lissner for separate discussion later in the meeting. Coming forward to address the Council at this time was: Jim Lissner- said he requested this item be pulled because he noticed there was no progress in City Yard improvements; believed this project had been halted because of the upper Pier Avenue project, beach rest rooms and lack of funding; suggested the traffic signal at Hermosa Avenue and Second Street be repaired so it did not constantly blink red; (Public Works Director Morgan said that certain funds were allowed for specific expenditures only and said it was planned that the City Yard project would be completed before the end of the current fiscal year). Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of March 31, 2010. Motion Tucker, second Fishman. The motion carried by a unanimous vote. City Council Minutes 4-27-10 Page 12903 • (g) • • 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 2010-2011. Memorandum from Public Works Director Richard Morgan dated April 13, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6700, 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 HIGHWAY 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, 2010, AND ENDING JUNE 30, 2011." (h) RECOMMENDATION TO APPROVE AN ONGOING PROFESSIONAL SERVICES AGREEMENT ON A RETAINER BASIS FOR $10,000 PER MONTH AND THAT THE CITY MANAGER BE DIRECTED TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH FIONA HUTTON & ASSOCIATES. Memorandum from City Manager Stephen Burrell dated April 15, 2010. (I) Action: To approve the staff recommendation to: (1) Approve an ongoing Professional Services Agreement on a retainer basis for $10,000 per month; and (2) Direct the City Manager to execute an amendment to the agreement with Fiona Hutton & Associates. RECOMMENDATION TO APPROVE A LICENSE AGREEMENT FOR PARKING METERS LOCATED AT 70 FOURTEENTH STREET (SEVEN - SPACE PARKING LOT) IN HERMOSA BEACH BETWEEN THE CITY AND BEACH GIRL PROPERTIES, LLC IN THE AMOUNT OF $650 PER MONTH. Memorandum from City Manager Stephen Burrell dated April 15, 2010. Action: To approve a license agreement for parking meters located at 70 Fourteenth Street (seven -space parking lot) in Hermosa Beach between the City and Beach Girl Properties, LLC in the amount of $650 per month. 0) RECOMMENDATION TO ACCEPT ONGOING DONATIONS FROM MARIA FURZER AND ABU SIDDIQ OF PETMART OF DOG FOOD, GROOMING AND FLEA MEDICATION FOR THE HERMOSA BEACH POLICE DEPARTMENT'S K-9, KEEF. THE COST FOR THESE ITEMS IS City Council Minutes 4-27-10 Page 12904 APPROXIMATELY $60 PER MONTH. Memorandum from Finance Director • Viki Copeland dated December 28, 2009. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept ongoing donations from Maria Furzer and Abu Siddiq of PetMart of dog food, grooming and flea medication for the Hermosa Beach Police Department's K-9, Keef. The cost for these items is approximately $60 per month. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF APRIL 12, 2010. (1) Action: To receive and file the action minutes of the Green Task Force meeting of April 12, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 6, 2010. • This item was removed from the consent calendar at the request of Michael Bell of Bell Event Services for separate discussion later in the meeting. Coming forward to address the Council at this time were: Michael Bell — Bell Event Services, discussed item D in the minutes, the Summer Concert Series Proposal, and said that even though one of the commissioners asked if there were other bids submitted, the concept was not addressed; said bids should be sought and he would like to be given consideration; and Geoff Hirsch — Hermosa Beach, said he understood $10,000 donations had been received in the past for Pier Plaza events to fund the concerts. • (m) City Manager Burrell responded to Council questions. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 6, 2010. Motion Bobko, second Fishman. The motion carried by a unanimous vote. Further Action: Council consensus was to direct City Manager Burrell to seek proposals from anyone interested in having an event on Pier Plaza to fund the summer concerts without cost to the City. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 20, 2010. City Council Minutes 4-27-10 Page 12905 • This item was removed from the consent calendar at the request of resident Eric Fonoimoana for separate discussion later in the meeting. Coming forward to address the Council at this time was: Eric Fonoimoana — Hermosa Beach, asked that item No. 7 in the minutes, denial of a Conditional use Permit Amendment for Waterman's, be reviewed and reconsidered by the City Council. Proposed Action: To review and reconsider item No. 7, denial of a Conditional use Permit Amendment for Waterman's, in the Planning Commission Minutes of April 20, 2010. Motion Fishman. The motion died for lack of a second. Action: To receive and file the action minutes of the Planning Commission meeting of April 20, 2010. Motion Tucker, 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(f), (j), (I) and (m) 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 8:24 p.m., the order of the agenda went to item 6(a) 5. PUBLIC HEARINGS a. COMMERCIAL SPECIAL EVENT APPLICATION FOR A SECOND ASSOCIATION OF VOLLEYBALL PROFESSIONALS (AVP) VOLLEYBALL EVENT TO BE HELD SEPTEMBER 17-19, 2010. THE EVENT WILL ENCOMPASS THE BEACH WEST OF THE STRAND BETWEEN ELEVENTH AND FOURTEENTH STREETS. Memorandum from City Manager Stephen Burrell dated April 14, 2010. City Manager Burrell 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 Williams — AVP and Hermosa Beach resident, said because this event will be held after Labor Day, they are allowed to sell 90% of the tickets City Council Minutes 4-27-10 Page 12906 • • • but they are willing to sell a smaller percentage; said there would probably be a smaller crowd than their summer event but the fans would probably be a more intensely interested in volleyball; said they expected about 3,000 people going in and out during each day and they were sold out only for the finals; said the setup could be shorten by a day because of the better location; said they had implemented Hermosa's matrix not only for events here but in their locations as well; Eric Fonoimoana - Hermosa Beach, said when he was a child, he watched beach volleyball and hoped he could participate some day and he would like to see other children be inspired as he was to become a successful player; said the players are mostly college educated and are intelligent and physically fit; Jim Lissner - Hermosa Beach, said the fall event appeared to be just as big with just as much impact to the community; suggested that there should be a permanent location in South Park instead of on the beach; said it was important to eliminate the diesel generators; said the Police Department was short staffed and would be needed to ensure safety during both events; said the City should auction off using the City's venue; said there should be less intensive events, ones that fill the hotels but with less wear and tear on the town; Michael Bell - Bell Event Services said the newer models of diesel generators, mandated by the California Air Resources Board were cleaner than cars; said Fiesta Hermosa uses biodiesel and the AVP might want to do the same. The public hearing was closed at 7:56 p.m. Action: To approve an additional, second Association of Volleyball Professionals (AVP) beach volleyball Special Event application to be held September 17-19, 2010 similar to the earlier approved AVP Hermosa Beach Open, and at a location encompassing areas between the Pier and Fourteenth Street and to change the contract to indicate Hermosa Beach's green matrix will be followed and delete Section 1(b) of the agreement. Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. AMENDMENT TO THE APPROVED COMMERCIAL SPECIAL EVENT ON JULY 16-18, 2010 ASSOCIATION OF VOLLEYBALL PROFESSIONALS (AVP) VOLLEYBALL EVENT TO CHANGE THE STADIUM LOCATION WITHIN THE APPROVED FOOTPRINT. Memorandum from City Manager Stephen Burrell dated April 14, 2010. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:05 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:05 p.m. City Council Minutes 4-27-10 Page 12907 • • • Action: To approve an amendment to the Association of Volleyball Professionals (AVP) Hermosa Beach Open Special Event application to be held July 16-18, 2010 to change the approved location of the stadium, adjacent to the Pier, to further north in front of the Beach House within the approved footprint. Motion Bobko, second Fishman. The motion carried by a unanimous vote. At 8:07 p.m. the order of the agenda went to item 4, consent calendar items removed for separate discussion. 6. MUNICIPAL MATTERS a. PIER AVENUE UPDATE. Oral report from Public Works Director Richard Morgan. A supplemental letter from Howard Longacre was received on April 27, 2010. Public Works Director Morgan presented the oral report and responded to Council questions. Action: Council consensus was to receive and file the Pier Avenue Update. b. CIP 04-116 PIER AVENUE IMPROVEMENT PROJECT INCREASED SCOPE OF WORK FOR DESIGN CONSULTANT AND CONSTRUCTION CONTRACTOR. Memorandum from Public Works Director Richard Morgan dated April 20, 2010. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said the pavers should be rough enough so that people won't slip on them but not so rough that it is impossible to remove chewing gum from them; favored more traditional crosswalks with a black street surface and white lines, contrasting colors for easy identification; recognized that some crosswalks will have lights but not all would, nor would the lights be helpful during the day. The meeting recessed at 8:27 p.m., for the Council to inspect samples of the pavers. The meeting reconvened at 8:38 p.m., continuing with this item. Action: To approve the staff recommendation to: (1) Approve a $54,700 increase in the Professional Services Agreement (PSA) amount with RRM Design Group for additional design services; City Council Minutes 4-27-10 Page 12908 • (2) Approve the installation of decorative sidewalk pavers without the pervious base; (3) Delay installation of crosswalk concrete pavers and reconsider at a later time; (4) Deny the 16 -day extension requested by Pima Corporation and ask them to incorporate the installation of the sidewalk pavers into their work schedule; and (5) Authorize the Director of Public Works to make changes as necessary within the project budget. Motion Tucker, second Bobko. The motion carried by a unanimous vote. c. REVIEW OF OPTIONS FOR AMENDING PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated April 22, 2010. Community Development Director Robertson presented the oral report and responded to Council questions. City Manager Burrell and Finance Director Copeland also responded to Council questions. Action: To direct staff to bring back in July a more focused report, incorporating Councilmembers' suggestions, for further discussion. Motion Bobko, second Tucker. The motion carried by a unanimous vote. • d. FUNDING OPTIONS FOR STREET IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated April 19, 2010. • Action: Because of the lateness of the evening, Council consensus was to continue this item to the next Council meeting on May 11, 2010. e. REPORT REGARDING TRASH ENCLOSURES IN LOT A & B WITH USERS COVERING ALL COSTS. Memorandum from Public Works Director Richard Morgan dated April 20, 2010. 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: Jim Lissner — Hermosa Beach, supported the businesses using this trash area paying for these improvements. Action: To receive and file the Lot A & B trash enclosures report and direct staff to meet with the Plaza business owners to seek their input and bring back a detailed plan to develop the trash area in a more sanitary manner with costs borne by the businesses that use this area. Motion Tucker, second Fishman. The motion carried by a unanimous vote. City Council Minutes 4-27-10 Page 12909 • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated April 21, 2010. Deputy City Clerk Nelsen presented the staff report. Action: Council consensus as to direct City Clerk to immediately advertise and request applications from interested parties for two Emergency Preparedness Advisory Commission terms that will expire May 31, 2010. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Duclos to direct staff to return to City Council with a new policy or ordinance allowing builders the option and incentive to use porous or pervious materials for the construction of commercial or residential driveways or parking areas and to set standards for such projects • Councilmember Duclos spoke to his request. • Action: To direct City Manager Burrell to determine if the Green Task Force might already be addressing these issues and if not, Council consensus was to agendize the topic on a future agenda. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, April 27, 2010, at the hour of 10:37 p.m. to Adjourned Regular meeting on May 11, 2010, at 6:00 p.m. Deputy _Clerk City Council Minutes 4-27-10 Page 12910 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 11, 2010, at the hour of 6:08 p.m. • • ROLL CALL: Present: Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: 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 April 27, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 Johnny Anderson v. City of Hermosa Beach CV06-5078 City Council Minutes 5-11-10 Page 12911 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 11, 2010, at the hour of 6:09 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 7:03 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:07 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments and three items listed on the agenda. He said there was nothing new to report on the Macpherson case, an opportunity for the City Council to give direction to City Manager Burrell about labor negotiations with employees' unions and a decision being awaited for the Anderson case challenging the City's prohibition of tattoo parlors after oral arguments before the Ninth Circuit Court of Appeals, with no reportable actions on any of these three items. ANNOUNCEMENTS — Councilmember Duclos reported on the Medal of Valor luncheon he attended, stating that Paul Hawkins of the Hermosa Beach Fire Department was honored as well as the son of Hermosa residents Cathy and Dick McCurdy, Shea McCurdy, of the Inglewood Police Department. He congratulated both honorees and their families. He also discussed the "First Thursday" event by Upper Pier Avenue businesses, with longer hours and special promotions, which was very successful, not only in bringing in extra customers but also in the community support exhibited. Mayor pro tem Tucker announced the Art Walk on June 12 and 13 located at the corner of Pacific Coast Highway and Pier Avenue with over 100 artists participating, food, and activities for children. He reported, as a member of the County Sanitation Board of Directors, that the Board voted not to increase rates by the previously approved $12 per year on property owners tax bills; however, he said Southern California Edison was increasing rates by almost 1% which would affect the City's expense also. City Manager Burrell asked the Council to continue item 2(e) on the Consent Calendar and to add item 7(b) to the agenda, a Pier Avenue oral update by Public Works Director Morgan. PRESENTATIONS NATIONAL PUBLIC WORKS WEEK MAY 16-22, 2010 Mayor DiVirgilio expressed appreciation to the Public Works Department for all their contributions to the City and its residents that are often taken for granted. Director Morgan and Public Works Commissioner Kim MacMullan thanked the City for recognizing the department and invited everyone to enjoy the annual Public Works City Council Minutes 5-11-10 Page 12912 • • • Department parade on Thursday, May 20, beginning at 11:00 a.m. and wave at the honking vehicles as they leave the City Yard, pass in front of City Hall and continue north on Valley Drive. PUBLIC PARTICIPATION: There were several written communications this evening. (a) Letter from Jim Lissner dated May 5, 2010, requesting that the City Council appeal the Department of Alcoholic Beverage Control's (ABC) denial of the police chief's request to limit the alcohol serving hours to midnight at the former II Boccaccio site, 39 Pier Ave. Coming forward to address the Council at this time were: Morty Benjamin — Hermosa Beach, spoke in support of Mr. Lissner's request that the City Council appeal the ABC decision to allow the new business to close later than midnight; Jim Lissner- Hermosa Beach, elaborated on his request, noting that the City Clerk's Office had received 265 post cards from residents supporting his request; Barbara Allen — Hermosa Beach, said she did not take a position on this particular issue because she was not familiar with the details but did urge the City Council to maintain the stance they took on requiring an earlier closing time of restaurants and bars; and Deana Bradshaw — Hermosa Beach, requested that the City Council appeal the ABC's decision. City Manager Burrell and City Attorney Jenkins responded to Council questions. Proposed Action: To schedule a meeting for Monday, May 17, 2010, at 8:00 a.m. to discuss the possibility of appealing the ABC's decision. Motion Mayor DiVirgilio, second Duclos. The motion failed, as a tie vote, with the dissenting votes of Fishman and Tucker and the absence of Bobko. (b) Cards from various area residents requesting that the City Council appeal the Department of Alcoholic Beverage Control's denial of the police chief's request to limit the alcohol serving hours to midnight at the former II Boccaccio site, 39 Pier Ave. (c) Letter from Howard Lonqacre dated May 4, 2010, regarding the Pier Avenue median. Action: To receive and file all written communications. Motion Tucker, second Fishman. The motion carried, noting the absence of Bobko. City Council Minutes 5-11-10 Page 12913 • Coming forward to address the Council at this time were: Kim MacMullan — Hermosa Beach, invited everyone to the second annual bicycle workshop on Saturday, May 22, from 9:00 .am. to 12:30 p.m., in the amphitheater at Valley Park, with free bike inspections and workshops on bike safety and maintenance, targeting kids 8-16; said there would be master bike plan maps and participation by the Police Department and the three bike shops in the City; said additional information was available in the Public Works Department; Candy Ayllon-McPhail — informed the community of a blood drive on Sunday, May 23, from 10:00 a.m. to 3:30 p.m., in a bloodmobile in the lower parking lot of Hermosa View School; said to sign up or obtain more information, call 310-406-5907 or go to www.hbeachgivesblood.org and Carla Merriman and Mike Bell — Hermosa Beach Chamber of Commerce and Bell Event Services, said that with assistance of Fire Chief Lantzer, an area at Eleventh Street and The Strand to Beach Drive had been designated for bike valet at the Fiesta operated by the owners of Hermosa Cyclery and volunteers from the South Bay Bike Coalition; Carla said she had received a call from resident Shirley Cassell suggesting that bringing in food trucks to the Art Walk would discourage attendees from patronizing the City's restaurants and Carla said maybe there could be discount coupons available for restaurants. • 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(h) Tucker, (i) Duclos and (j) Fishman. Item 2(e) was continued at the suggestion of City Manager Burrell. Motion Tucker, second Fishman. The motion carried, noting the absence of Bobko. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 27, 2010. Action: To approve minutes of the regular meeting of the City Council held on April 27, 2010. Bobko absent (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59430 THROUGH 59554 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 54123, 590949, 59290, and 59500, as recommended by the City Treasurer. Bobko absent (c) RECOMMENDATION TO RECEIVE AND FILE City Council Minutes 5-11-10 Page 12914 • 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 Bobko absent. (d) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated May 5, 2010. Action: To receive and file report of Customer Service Surveys/Complaints. Bobko absent. (e) RECOMMENDATION TO APPROPRIATE FUNDS FROM JAG RECOVERY GRANT AND APPROVE THE PURCHASE OF A RADAR/MESSAGE BOARD FOR $18,931.87 AND A USED POLICE MOTORCYCLE AND EQUIPMENT FOR $6,804.18. Memorandum from Police Chief Greg Savelli dated May 4, 2010. Action: Per City Manager Burrell's suggestion, Council consensus was to continue this May 25, 2010. Bobko absent. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF APRIL 5, 2010. (g) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of April 5, 2010. Bobko absent. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF APRIL 21, 2010. Action: To receive and file the action minutes of the Public Works Commission meeting of April 21, 2010. Bobko absent. (h) RECOMMENDATION TO ACCEPT DONATIONS OF $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR VEHICLE DECALS AND A SAMSUNG 40" TELEVISION ($800 VALUE) TO BE USED IN THE HERMOSA BEACH SENIOR CENTER FOR FITNESS PROGRAMS. Memorandum from Finance Director Viki Copeland dated May 3, 2010. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 5-11-10 Page 12915 • (i) • (i) • Action: To accept $2,000 from the Woman's Club of Hermosa Beach to be used for vehicle decals and a Samsung 40" television ($800 value) to be used in the Hermosa Beach Senior Center for fitness programs Motion Tucker, second Fishman. The motion carried, noting the absence of Bobko. RECOMMENDATION TO AWARD A CONTRACT IN THE "NOT -TO - EXCEED" AMOUNT OF $10,000 TO THE DARDANELLE GROUP, INC. TO PREPARE SAFE ROUTE TO SCHOOLS GRANT APPLICATION PACKAGES FOR TWO SIDEWALK IMPROVEMENT PROJECTS; SIXTEENETH STREET BETWEEN PACIFIC COAST HIGHWAY TO PROSPECT AVE., AND EIGHTH STREET BETWEEN HERMOSA AVENUE AND VALLEY DRIVE; AUTHORIZE THE USE OF $10,000 IN THE STREET MAINTENANCE/TRAFFIC SAFETY DIVISION (001-3104-4201); AND, DIRECT STAFF TO NOTIFY ALL RESIDENTS ON EIGHTH STREET AND SIXTEENTH STREET WHO MAY BE AFFECTED BY THE PROPOSED SIDEWALK IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated May 5, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. Action: To approve the staff recommendation to: (1) Award a contract in the "not -to -exceed" amount of $10,000 to The Dardanelle Group, Inc. to prepare Safe Route to Schools Grant Application Packages for two sidewalk improvement projects; Sixteenth Street between Pacific Coast Highway to Prospect Ave., and Eighth Street between Hermosa Avenue and Valley Drive; (2) Authorize the use of $10,000 in the Street Maintenance/Traffic Safety Division (001-3104-4201); and, (3) Direct staff to notify all residents on Eighth Street and Sixteenth Street who may be affected by the proposed sidewalk improvements. Motion Duclos, second Tucker. The motion carried, noting the absence of Bobko. Additional Action: To direct staff to bring back a report regarding creation of a safe route to school master plan for the entire city. Motion Duclos, second Tucker. The motion carried, noting the absence of Bobko. RECOMMENDATION TO APPROVE A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED TRAFFIC SIGNAL IMPROVEMENTS ON VALLEY DRIVE AT HERMOSA VALLEY SCHOOL; AWARD A CONTRACT IN THE AMOUNT OF $38,840 TO HARTZOG & CRABILL, INC. FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR CONSTRUCTING THESE TRAFFIC SIGNAL IMPROVEMENTS; AND, AUTHORIZE THE City Council Minutes 5-11-10 Page 12916 • • • TRANSFER OF $38,840 OF FY 2009-2010 MEASURE R (FUND 147) FUNDING FROM CIP 08-127 (CITYWIDE STREET IMPROVEMENTS) TO THIS TRAFFIC SIGNAL IMPROVEMENT PROJECT AND APPROPRIATE FY 2010-2011 MEASURE R (FUND 147) FUNDS TO CIP 08-127 CITYWIDE STREET IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated May 4, 2010. Supplemental letter from Howard Longacre received May 11. This item was removed from the consent calendar by Councilmember Fishman 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) Approve a new Capital Improvement Project entitled Traffic Signal Improvements on Valley Drive at Hermosa Valley School; award a contract in the amount of $38,840 to Hartzog & Crabill, Inc. for design and construction management services for constructing these traffic signal improvements; and, (2) Authorize the transfer of $38,840 of FY 2009-2010 Measure R (Fund 147) funding from CIP 08-127 (Citywide Street Improvements) to this traffic signal improvement project and appropriate FY 2010-2011 Measure R (Fund 147) funds to CIP 08-127 Citywide Street Improvements. Motion Fishman, second Tucker. The motion carried, noting the absence of Bobko. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h), (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. 5. PUBLIC HEARINGS a. APPEAL OF PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE FROM 11:00 A.M. TO 12:00 MIDNIGHT DAILY IN CONNECTION WITH A RESTAURANT (SUSHI SEI) WITHIN A 2,479 SQUARE FOOT SPACE WITHIN THE "BIJOU BUILDING", AND DENIAL OF A PARKING PLAN TO DETERMINE THAT THE RESTAURANT USE IS NOT MORE INTENSIVE THAN THE PREVIOUS AUDITORIUM/PUBLIC ASSEMBLY USES (ART GALLERY City Council Minutes 5-11-10 Page 12917 • • • AND THEATER) WITH RESPECT TO PARKING REQUIREMENTS, AT 1221-1227 HERMOSA AVENUE FOR SUSHI SEI (PROPOSED NEW LOCATION). Memorandum from Community Development Director Ken Robertson dated May 5, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To continue Public Hearing to the meeting of May 25, 2010. Motion Tucker, second Fishman. The motion carried, noting the absence of Bobko. 6. MUNICIPAL MATTERS a. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO PROVIDE THE SECTION 20903 TWO YEARS ADDITIONAL SERVICE CREDIT FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS AND INTRODUCTION OF ORDINANCE AUTHORIZING AMENDMENT OF THE CALPERS CONTRACT. Memorandum from Finance Director Viki Copeland dated April 13, 2010. Finance Director Copeland presented the report and responded to Council questions. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 10-6701, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXPRESSING INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA;" (2) Introduce Ordinance No. 10-1308, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM; " (3) Authorize the City Clerk to sign the "Certification of Governing Body's Action;" (4) Authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 20903;" City Council Minutes 5-11-10 Page 12918 • • (5) Authorize the Mayor to sign the "Certification of Compliance with Government Code Section 7507; and, (6) Designate the period July 12, 2010, through October 12, 2010, as the open period for eligibility for the two-year service credit. Motion Tucker, second Fishman. The motion carried, noting the absence of Bobko. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST FROM HERMOSA BEACH ART WALK FOR CITY COUNCIL APPROVAL TO HAVE TWO MOBILE FOOD SERVICE TRUCKS AT THE ART WALK EVENT ON JUNE 12 & 13, 2010, FROM 11:OOAM TO 3:OOPM. Memorandum from City Manager Stephen Burrell dated May 5, 2010. At 7:57 p.m., Councilmember Duclos recused himself because he is a member of the Art Walk committee and left the dais and the room. City Manager Burrell presented the report and responded to Council questions. Coming forward to address the council was: Sam Perrotti — Art Walk Treasurer, said he was speaking for president Ken Klade, who was out of town; said, at last year's Art Walk, attendees asked about food, especially families with young children; he said they were planning to have four gourmet food trucks, two at a time; said he would take Carla's suggestion of discount for coupons for local restaurants to the Art Walk Board of Directors for consideration. Action: To grant approval under Section 10.32.180 to allow two mobile food service trucks to operate from 11:00 a.m. to 3:00 p.m. on June 12 and 13, 2010, as part of the Art Walk event at the Community Center. Motion Fishman, second Tucker. The motion carried, noting the recusal of Duclos and absence of Bobko. At 8: 06 p.m., Councilmember Duclos returned to the dais. b. PIER AVENUE UPDATE. Oral report from Public Works Director Richard Morgan. Public Works Director Morgan provided an update oh the project and responded to Council questions. City Manager Burrell also responded to Council questions. • Action: Council consensus was to receive and file the update on Pier Avenue. City Council Minutes 5-11-10 Page 12919 • At 8:22 p.m., the order of the agenda went to item 4, consent calendar items removed fro separate discussion. • • 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 11, 2010, at the hour of 9:05 p.m. to Adjourned Regular meeting on May 25, 2010, at 6:00 p.m. City Council Minutes Deputy CI"y Clerk 5-11-10 Page 12920 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, May 25, 2010, at the hour of 6:01 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 May 11, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Name of Case: Case Number: Macpherson v. City of Hermosa Beach BCI72546 Lewitt v. City of Hermosa Beach CV09-2543CAS City Council Minutes 5-25-10 Page 12921 • • Name of Case: Case Number: Johnny Anderson v. City of Hermosa Beach CV06-5078 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 25, 2010, at the hour of 6:02 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:03 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — Carol Kwan CLOSED SESSION REPORT — Lauren Feldman, Assistant City Attorney from Mike Jenkins' law office reported that the California Supreme Court declined review of the Macpherson decision so the City is preparing for trial soon; said, regarding the Lewitt case, a Hermosa Beach police officer suing the City, the judge dismissed most of the case. ANNOUNCEMENTS — Councilmember Duclos announced an environmental townhall meeting on May 27 from 6-8 p.m. at Joslyn Center in Manhattan Beach; said David Rand Casso of the Sierra Club returned from the oil spill in the Gulf, reporting on its impact, now 200,000 gallons of oil lost per day; said the second "First Thursday" initiated by the businesses on Upper Pier Avenue was scheduled for June 3, with 53 businesses participated in longer hours (5-9 p.m.), special promotions and a cash donation from the Chamber of Commerce to promote the event. Councilmember Bobko thanked everyone who participated in the Bike Workshop the previous Saturday; announced a blood drive on Sunday, June 6 at Our Lady of Guadalupe Church; said the June 12 Galaxy soccer game (USA v England) would be shown at 11 a.m. on a big screen placed on the Plaza for this purpose; noted that a couple of the Galaxy players are from Hermosa Beach. Councilmember Fishman announced the first meeting of the PCH/Aviation Improvement Committee at 7 p.m. on Thursday, June 3, in the Council Chambers. Mayor pro tern Tucker announced the Art Walk on Saturday and Sunday, June 12 and 13 at the Community Center with over 100 artists participating and with food and entertainment. Mayor DiVirgilio announced The Miracle of Living at the Beach, a free heart health education event at the Shade Hotel in Manhattan Beach event, at 7:30 p.m. on Thursday, June 8. City Council Minutes 5-25-10 Page 12922 • • PRESENTATIONS PRESENTATION BY WEST BASIN MUNICIPAL WATER DISTRICT WATER RELIABILITY 2020 Mayor DiVirgilio introduced Dan Bradford from King Harbor Church, Sharon Rich from Hennessey's. Dan Bradford discussed fundraisers at The Lighthouse to benefit Child Hope International and an orphanage in Haiti. Sharon Rich from Hennessey's said three events raised $15,000, $5,000 for the American Red Cross and $10,000 for the House of Light orphanage in Haiti (Maison de Lumiere). She presented T-shirts to the Council and a photograph of the palace in Port-au-Prince before the earthquake. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication and one supplemental written communication this evening. (a) Letter from Howard Longacre dated May 18, 2010, regarding the Pier Avenue median. No one came forward to address the Council on this letter. Action: To receive and file the letter. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (b) Supplemental email from Fred Huebscher dated May 27 2010, regarding the parking plan at the Ralphs shopping center. No one came forward to address the Council on this email. Action: To receive and file the letter. Motion Tucker, second Fishman. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Brian Winters — Hermosa Beach, said he was asked by Councilmember Bobko to speak about a proposed pedestrian bridge over Pier Avenue. (Mayor DiVirgilio suggested Mr. Winters speak to City Manager Burrell to schedule his presentation for an upcoming Council meeting. Joe Charles — distributed written information about the Pier to Pier Run on Saturday, June 12, from the Hermosa Beach pier to the Manhattan Beach and the after party at which someone will win a free trip to Cancun; City Council Minutes 5-25-10 Page 12923 • Cindy Topar— a United airlines flight attendant said a future Council meeting agenda would contain an item about a memorial bench for people lost in the terrorist attacks on September 11, 2001; Michael Sullivan — musician, suggested that instead of having Saint Rocke organize the Hermosa Beach summer concerts, others be allowed to submit proposals for handling these concerts; 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following item, which were removed for discussion in item 4, but are shown in order for clarity: 2 (c) Duclos and (e) 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 MAY 11, 2010. Action: To approve minutes of the regular meeting of the City Council held on May 11, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59555 THROUGH 59685. • Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Manager Burrell responded to Council questions regarding one of the Council directives, hiring a consultant for the downtown vision and strategic plan. Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives Motion Duclos, second Tucker. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2010 FINANCIAL REPORTS 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the April 2010 financial reports: City Council Minutes 5-25-10 Page 12924 • (e) RECOMMENDATION TO ACCEPT DONATIONS OF $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR A PROJECTOR AND TRAINING PROGRAMS FOR THE FIRE DEPARTMENT AND $10,000 FROM CHEVRON PRODUCTS COMPANY TO BE USED FOR THE SUMMER 2010 SURF CAMP. Memorandum from Finance Director Viki Copeland dated May 17, 2010. (f) (g) This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $2,000 from the Woman's Club of Hermosa Beach to be used for a projector and training programs for the Fire Department; and - 10,000 from Chevron Products Company to be used for the Summer 2010 Surf Camp. Motion Tucker, second Fishman. The motion carried by a unanimous vote RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated May 10, 2010. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2010. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2010-2011 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 10-6700; 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, 2010 THROUGH JUNE 30, 2011; AND SETTING JULY 13, 2010, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated May 13, 2010. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 10-6702, 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 2010-2011." (2) Adopt Resolution No. 10-6703, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN City Council Minutes 5-25-10 Page 12925 • IMPROVEMENTS AND TO LEVY AND COLLECT ASSESMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2010-2011 FOR THE FISCAL YEAR BEGINNING JULY 1, 2010, AND ENDING JUNE 30,2011, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated May 18, 2010. (i) Claimant: Schneider, Rochelle Date of Loss: 11-15-09 Date Filed: 05-17-10 Allegation: Personal Injury Action: To deny the claim and refer it to the City's Liability Claims Administrator. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF MAY 10, 2010. • Action: To receive and file the action minutes of the Green Task Force meeting of May 10, 2010. (j) RECOMMENDATION TO APPROPRIATE FUNDS AND ESTIMATED REVENUE AND APPROVE THE PURCHASE OF EQUIPMENT ON THE JAG RECOVERY GRANT. Memorandum from Police Chief Greg Savelli dated May 18, 2010. Action: To appropriate funds and estimated revenue and approve the purchase of equipment on the JAG Recovery Grant. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 18, 2010. Action: To receive and file the action minutes of the Planning Commission meeting of May 18, 2010. 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. City Council Minutes 5-25-10 Page 12926 • At 11:13 p.m., the order of the agenda went to item 9(a). 5. PUBLIC HEARINGS a. APPEAL OF PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE FROM 11:00 A.M. TO 12:00 MIDNIGHT DAILY IN CONNECTION WITH A RESTAURANT (SUSHI SEI) WITHIN A 2,479 SQUARE FOOT SPACE WITHIN THE "BIJOU BUILDING", AND DENIAL OF A PARKING PLAN TO DETERMINE THAT THE RESTAURANT USE IS NOT MORE INTENSIVE THAN THE PREVIOUS AUDITORIUM/PUBLIC ASSEMBLY USES (ART GALLERY AND THEATER) WITH RESPECT TO PARKING REQUIREMENTS, AT 1221-1227 HERMOSA AVENUE FOR SUSHI SEI (PROPOSED NEW LOCATION). Memorandum from Community Development Director Ken Robertson dated May 5, 2010. Supplemental email from appellant Otto Palmer received on May 24, 2010. Additional supplemental email from appellant Otto Palmer requesting withdrawal of his appeal received on May 25, 2010. Action: To accept the request for withdrawal of the appeal from appellant Otto Palmer. Motion Tucker, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PIER AVENUE UPDATE. Oral report from Public Works Director Richard Morgan. Public Works Director Morgan provided an oral update on the project, including the impact of the construction on the Memorial Weekend Fiesta Hermosa, and responded to Council questions. Action: Council consensus was to receive and file the report. b. POLICY FOR CITY RECOMMENDATIONS ON LICENSES ISSUED BY THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ("ABC"). Memorandum from Community Development Director Ken Robertson and Police Chief Greg Savelli dated May 17, 2010. Community Development Director Robertson presented the report and responded to Council questions. City Manager Burrell and Assistant City Attorney Feldman also responded to Council questions. Coming forward to address the Council on this item were: Dave Lowe - Blue 32, described a spread sheet he had prepared listing the types of liquor licenses the ABC has issued to restaurants and bars in City Council Minutes 5-25-10 Page 12927 • • • the City; the various closing times, whether a CUP, the 50-50 rule or live entertainment applies; said the City needed to clarify restrictions and the liquor license transfer process with input from the business community; Sandy Saemann — Hermosa Beach, said it was easy to differentiate a restaurant from a bar; said it was important to enforce the 50-50 rule for restaurants that serve alcohol and occupancy restrictions for all establishments; said restaurants should close at a reasonable hour and bars can stay open later; and Ron Newman — Hermosa Beach businessman, said most cities do not get involved in alcohol related businesses except for the Police Department taking care of liquor license transfers; said every city has restaurants and bars with different closing hours; said the ABC usually goes along with the City's wishes. Action: After final review of a written list of ABC city-wide license policies and procedures provided by staff at a future Council meeting, to conceptually adopt items Nos. 2 and 4 on page 3 of the staff report, under procedure/policy options, and include in item No. 4, that the matter will be placed on the consent calendar section of the City Council Agenda. Motion Bobko, second Mayor DiVirgilio. The motion carried by a unanimous vote. Further Action: To direct the Planning Commission to develop guidelines which would initiate a CUP review for a particular business in their annual review of CUP's. Motion Bobko, second Fishman. The motion carried by a unanimous vote. Further Action: To direct staff to agendize a discussion at a future Council meeting regarding annual entertainment licenses being required for new businesses only and consideration of changing the closing time from 10:00 p.m. to 11:00 p.m. for restaurants serving beer and wine without a CUP. Motion Bobko, second Mayor DiVirgilio. The motion carried, noting the dissenting vote of Duclos. Further Action: To direct staff to agendize a discussion at a future Council meeting regarding a proposed policy for changing the time to extinguish an abandoned CUP from the current 12 months to a lesser time frame. Motion Bobko, second Mayor DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 5-25-10 Page 12928 • Further Action: To direct staff to agendize a discussion at a future Council meeting regarding a potential moratorium on any new alcohol - serving businesses, city-wide, until the City Council has established its policies. Motion Duclos, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:39 p.m. The meeting reconvened at 9:53 p.m. c. FUNDING OPTIONS FOR STREET IMPROVEMENTS. Memorandum from Public Works Director Richard Morgan dated May 18, 2010. Public Works Director Morgan presented the report and responded to Council questions. Action: To receive and file the report. Motion Fishman, second Tucker. The motion carried, noting the dissenting vote of Duclos. d. EXECUTIVE OVERVIEW OF HERMOSA BEACH AND REDONDO BEACH FIRE CONSOLIDATION. Memorandum from Fire Chief David Lantzer dated May 18, 2010. Fire Chief Lantzer presented the report and responded to Council questions. Action: To continue with the next phase of this process and if the City of Redondo Beach shows no interest after 30 days, consider discussions closed and consider contacting the City of Manhattan Beach regarding consolidation. Motion Mayor DiVirgilio, second Tucker. The motion carried by a unanimous vote. e. REPORT ON "PARTY PROMOTERS" THAT OPERATE IN THE CITY. Memorandum from City Manager Stephen Burrell dated May 19, 2010. City Manager Burrell presented the report and responded to Council questions. Action: To provide direction to staff to return with an Ordinance to require "party promoters" to obtain a permit to operate in the City. Motion Duclos, second Fishman. The motion failed, noting the dissenting votes of Bobko, Tucker and Mayor DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. 2010 SUNSET SUMMER CONCERT SERIES. Memorandum from City Manager Stephen Burrell. City Council Minutes 5-25-10 Page 12929 • City Manager Burrell presented the report and responded to Council • questions. Coming forward to address the Council on this item were: Alan Sanford — Saint Rocke, explained his proposal for organizing the 2010 summer concerts on the beach. Sandy Saemann — Hermosa Beach, suggested the concerts be scheduled for a season other than summer when the beach is not being used as much; felt the concerts decreased business for the local restaurants; (Name not provided) — owner of a production support company handling sound and lighting said he would like to be considered in the future for organizing the beach concerts and could also help with talent acquisition (Council suggested he contact the City Manager regarding future plans). Action: To approve the staff recommendation to have Saint Rocke organize the concerts this year as proposed in the staff report. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS: SCHEDULE APPLICANT INTERVIEW, APPOINT OR RE -ADVERTISE FOR EMERGENCY PREPAREDNESS ADVISORY COMMISSION VACANCIES. Memorandum from City Clerk Elaine Doerfling dated May 19, 2010. City Clerk Doerfling presented the report. Action: To appoint the two applicants, Gila Katz and Al Benson to the Emergency Preparedness Advisory Commission. Motion Tucker, second Duclos. The motion carried by a unanimous vote. At 11:09 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko that parking enforcement start a 15 minute "grace period" before parking citations are issued on upper Pier Avenue while the construction is going on. Councilmember Bobko spoke to his request. • After learning the parking meters would be removed soon, Councilmember Bobko withdrew his request. City Council Minutes 5-25-10 Page 12930 • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, May 25, 2010, at the hour of 11:30 p.m. to Adjourned Regular meeting, Budget Workshop, on May 27, 2010, at 7:00 p.m. • • City Clerk D puty City Cler City Council Minutes 5-25-10 Page 12931 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 27, 2010, at the hour of 7:05 p.m. • PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None PUBLIC PARTICIPATION: There was no public participation. PRELIMINARY 2010-2011 BUDGET REVIEW Finance Director Copeland distributed to the City Council a hard copy of PowerPoint slides she presented which included overall budget assumptions; how the budget is balanced; transfers; appropriations; impact of the 14 vacant staff positions and the offer of two additional years of PERS service credit for retirees from July 12 to October 12, 2010; and several initiatives of achieving a reduction of expenses and increase in revenue to balance the budget. Council discussion on the items ensued, with particular emphasis on public safety. The meeting recessed at 9:06 p.m. The meeting reconvened at 9:21 p.m. Action: There was consensus by the City Council to: 1. Change the Fire Department shift staffing from six to five, to be reversed immediately if warranted. 2. Postpone filling any of the five Police Officer vacancies until after the mid- year review in February 2011 when it is known how many staff members opted to retire with the additional two-year PERS service credit and how the cost-cutting and revenue -raising measures have improved the situation. 3. Include in labor negotiations with employee unions a trigger to re -open negotiations if necessary. Topics of Council discussion were as follows: • Consideration of Lot B for pay by space • Revising use of theatre hours • Eliminating holiday lights • Rescheduling Commissions to meet less often • Elimination of salary and benefits for salaried elected officials • Encroachment permits for areas other than downtown • Public safety concerns about proposed elimination of U-turns • Changing the marquee to sponsorships and ads • Looking at cell phone usage • Convenience fees for online services City Council Minutes 05-27-10 Page 12932 • • • • The need for an attorney at Planning Commission meetings • Request to put preliminary budgets in a binder • Manhattan Beach might pay more for Prop A funds • Not revisiting short-term rentals City Manager Burrell and department heads responded to specific Council questions regarding department expenditures. Proposed Action: With regard to Council memberships, conferences and training, to rotate different Councilmembers attending conferences, with attendance by only one or two members per conference. Motion Fishman, second Tucker. This motion was replaced by a substitute motion. Action: To have the City Councilmembers police themselves and to reduce as much as possible the budgeted cost of $20,000 per fiscal year. Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote. Action: Council consensus was to bring back the budget as presented this evening for adoption at the next City Council meeting on June 8, 2010. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 27, 2010, at the hour of 11:04 p.m. to the Regular Meeting on Tuesday, June 8, 2010, at 6:00 p.m. X21: City Clerk City Council Minutes uty City Cler 05-27-10 Page 12933 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 8, 2010, at the hour of 6:14 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 May 25, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Johnny Anderson v. City of Hermosa Beach CV06-5078 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 8, 2010, at the hour of 6:15 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:45 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. City Council Minutes 6-08-10 Page 12934 • PLEDGE OF ALLEGIANCE — Alex, a participant of Beach Cities Robotics • CLOSED SESSION REPORT — City Attorney Jenkins said no public comments were received; labor negotiations were discussed but not the litigation matter listed on the agenda; and no reportable actions were taken. ANNOUNCEMENTS — Councilmember Duclos said there was a visual on The Strand denoting the 50th day since the start of the Gulf oil disaster; thanked everyone who helped make the Fiesta bike valet program a huge success; referenced an article on travel trends in the National Association of Realtors publication "On Common Ground," written by Jim Chanley, a speaker at a conference he and Mayor DiVirgilio attended, noting people will be driving less and the possibility of Federal Government incentives for reducing auto travel and encouraging walking, biking, and use of mass transit. Councilmember Fishman spoke of the Pacific Coast Highway/Aviation Boulevard Improvement Committee's first meeting on June 3; said the 13 members would break into subcommittees, would establish a vision statement at its next meeting of July 1, and would meet on the first Thursday of each month at 7 p.m. in the Council Chambers. Mayor pro tem Tucker invited the community to attend the Art Walk on Saturday and Sunday, June 12 and 13 at the Community Center, with great art, food and music. Mayor DiVirgilio reiterated the success of the Fiesta bike valet program, and spoke of the need for even more space and easier access for bicycles at the next event; thanked Hermosa Cyclery and volunteers from the South Bay Bike coalition for their assistance. PRESENTATIONS DEMONSTRATION BY AND PRESENTATION TO THE ROBOTICS TEAMS FROM REDONDO UNION & MIRA COSTA HIGH SCHOOLS (BEACH CITIES ROBOTICS) AND HOPE CHAPEL ACADEMY (BEACH BOTS) A demonstration showed the capability of the robots and the Mayor presented City pins to both groups, congratulating them on their hard work, creativity and awards at various national and worldwide competitions. A representative from each group described details of how their robots work and the events in which they have participated. • The meeting recessed at 7:25 p.m. The meeting reconvened at 7:29 p.m. City Council Minutes 6-08-10 Page 12935 • PRESENTATION BY LEADERSHIP HERMOSA ADOPT -A -DOT PROJECT Josh Ochs of the 2010 Leadership Hermosa Class said their project was to identify the location of all fire hydrants on a map, which they submitted to the City, for the installation of blue dots in the center of the streets indicating a fire hydrant was situated to the left or right. He thanked the City Council and Public Works Department for their support and presented a $1,000 check to the City which they raised for the project, with thanks to all who donated and/or attended their fundraiser. He also provided information for those still wishing to donate to the project. PRESENTATION TO PATRICIA ELLIS EMERGENCY PREPAREDNESS ADVISORY COMMISSION JULY 2007 — MAY 2010 Mayor DiVirgilio thanked Ms. Ellis for her commitment and service and presented her with a City plaque, noting that she was a founding member of this commission and, along with co -committee member George Schmeltzer, coordinated the effort to distribute an emergency preparedness booklet to each household in the City. Ms. Ellis thanked the Mayor and said it had been a privilege to serve. At 7:36 p.m., the order of the agenda went to item 6(d). PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two written communications and one supplemental written communication this evening. (a) Letter from Howard Lonqacre dated May 31, 2010 regarding his continuing concern with the Pier Plaza due to the lack of a vehicle barrier and his concern with the pedestrian "scramble" crossing at Pier Avenue and Hermosa Avenue which is part of the Upper Pier Avenue Project. No one came forward to address the Council on this letter. (b) Letter from Jaime Ramirez, President, Hermosa Beach Police Officers' Association opposing the proposed center island along Pier Avenue as part of the Upper Pier Avenue Project. No one came forward to address the Council on this letter. City Council Minutes 6-08-10 Page 12936 • • • (c) Supplemental letter from Aaron Bush, Hermosa Beach Firefighters Association President, opposing the proposed center island along Pier Avenue as part of the Upper Pier Avenue Project. No one came forward to address the Council on this letter. Action: To receive and file the three written communications. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Dency Nelson — Hermosa Beach, acknowledged the Hermosa Beach Mural Project and a recent history walk in which he participated, stating that there would be another such walk in September; Sam Perrotti — Hermosa Beach, said the annual Art Walk would take place from 10 a.m. to 5 p.m. on June 12 and 13, and along with the art, there would be bands, a middle school dance team and gourmet food trucks; thanked the City Council and City staff for their support; Todd Dipaola — founder of the South Bay Bike Coalition, thanked the City for its support since the inception of the coalition in November 2009, said the Fiesta bike valet was a powerful event with many participants; noted that these types of concepts freed up parking and eased traffic; Lori Ford — Gumtree, introduced her husband Will, Giona Rosswell of Sol Baby, Bryce Toney of Curious, and Brittny Tacker of Paciugo Gelato; submitted requests for City assistance in publicizing the First Thursdays event on Pier Avenue, which helps businesses during the construction; said 20 businesses participated in May, with an increase to 58 in June; said the Chamber of Commerce funded the printing of posters and post cards; Geoff Hirsch — Hermosa Beach, asked the Council to remember that partisan politics had no place in local government and to review comments from their constituents as valuable input; and Julian Katz — Hermosa Beach discussed the bicycle master plan, bike/pedestrian safety; www.completestreets.org for more information; showed before and after photographs of the Pottstown, Pennsylvania, project to reduce traffic lanes from four to two and add bike lanes on both sides of the street; provided a Share the Road brochure funded by the City's Rotary Club. Action: To agendize a discussion of the list of requests concerning First Thursdays. Motion Tucker, second Fishman. 2. CONSENT CALENDAR: City Council Minutes 6-08-10 Page 12937 • • • 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(e) Tucker. Motion Tucker, second Fishman. The motion carried by a unanimous vote. At 8:10 p.m., the order of the agenda went to item 5(a). (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 25, 2010. A supplemental staff memo was received on June 7 correcting the vote for item 6d and reversing the action. Action: To approve, as corrected, the minutes of the regular meeting of the City Council held on May 25, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59687 THROUGH 59817. 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 the Tentative Future Agenda Items and City Council Directives as presented. (d) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP NO. 09-659 PIER AND PARKING STRUCTURE REPAIRS TO BALLARD DIVING & SALVAGE OF SEATTLE, WASHINGTON IN THE AMOUNT OF $12,995; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL OF THE CITY ATTORNEY; APPROVE ADDITIONAL WORK IN THE AMOUNT OF $14,725 FOR INSPECTION AND SURVEY OF THE ENTIRE PIER STRUCTURE, FROM ABOVE THE WATER LINE TO THE MUD LINE; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated May 27, 2010. Action: To approve the staff recommendation to: (1) Award construction contract for CIP No. 09-659 PIER AND PARKING STRUCTURE REPAIRS to Ballard Diving & Salvage of Seattle, Washington in the amount of $12,995; (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the City Attorney; City Council Minutes 6-08-10 Page 12938 • • (3) Approve additional work in the amount of $14,725 for inspection and survey of the entire pier structure, from above the water line to the mud line; and (4) Authorize the Director of Public Works to make changes as necessary within the approved budget. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $1,500 FROM THE HERMOSA BEACH ROTARY CLUB TO BE USED FOR BICYCLE SAFETY BOOKS AND $585 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated June 1, 2010. (f) (g) This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $1,500 from the Hermosa Beach Rotary Club to be used for Bicycle Safety; and $ 585 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Motion Tucker, second Bobko. The motion carried by a unanimous vote RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 19, 2010. Action: To receive and file the action minutes of the Public Works Commission meeting of May 19, 2010. RECOMMENDATION TO AWARD BID FOR A SOKKIA TOTAL STATION AND APPROPRIATE $15,814 IN CALIFORNIA CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) FUNDS FOR THE PURCHASE OF THE SOKKIA 50RX TOTAL STATION SURVEYING UNIT FOR TRAFFIC INVESTIGATIONS ($12,282), A NIKON D5000 DIGITAL CAMERA FOR INVESTIGATIONS ($988), AND DATA SERVICE PLAN FOR FOUR BLUE CHECK MOBILE IDENTIFICATION UNITS ($2,544). Memorandum from Police Chief Greg Savelli. Action: To award bid for a Sokkia Total Station and appropriate $15,814 in COPS funds for the purchase of the Sokkia 50RX Total Station surveying unit for traffic investigations ($12,282), a Nikon D5000 digital camera for investigations ($988), and data service plan for four Blue Check Mobile Identification units ($2,544), as recommended by staff. • (h) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE USED OIL PAYMENT City Council Minutes 6-08-10 Page 12939 • PROGRAM. Memorandum from Public Works Director Richard Morgan dated May 25, 2010. • • (i) (i) Action: To approve the staff recommendation to adopt Resolution No. 10- 6704, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR OIL PAYMENT PROGRAM." RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated June 2, 2010. Claimant: Ginsburg, Frank Date of Loss: 05-22-10 Date Filed: 06-01-10 Allegation: Property damage Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $15,016.25 FROM THE STATE OF CALIFORNIA CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) FUND FOR THE PURCHASE OF AN ENHANCED MOBILE AUTOMATED LICENSE PLATE READER (LPR) SYSTEM AND AUTHORIZE THE POLICE DEPARTMENT TO PURCHASE THE LPR SYSTEM FROM PIPS TECHNOLOGY, A FEDERAL SIGNAL COMPANY AND EXCLUSIVE PROVIDER OF THIS SYSTEM. Memorandum from Police Chief Greg Savelli dated June 3, 2010. Action: To approve the staff recommendation to: (1) Authorize the appropriation of $15,016.25 from the State of California Citizens' Option for Public Safety (COPS) fund for the purchase of an enhanced mobile automated license plate reader (LPR) system; and (2) Authorize the Police Department to purchase the LPR system from PIPS technology, a Federal Signal Company and exclusive provider of this system. 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1308 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. For adoption. Memorandum from City Clerk Elaine Doerfling dated June 1, 2010. City Council Minutes 6-08-10 Page 12940 • City Clerk Doerfling presented the staff report and responded to Council questions. • Action: To waive full reading and adopt Ordinance No. 10-1308. Motion Mayor DiVirgilio, second Fishman. The motion carried by the following vote: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSENT: None ABSTAIN: None At 12:53 a.m., the order of the agenda went to item 8(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(e) 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 12:52 a.m., the order of the agenda went to item 3(a). 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT AMENDMENT FOR ON -SALE GENERAL ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT, TO ALLOW EXTENDED HOURS OF OPERATION AND AMENDING CONDITIONS RELATING TO FOOD SALES, ALCOHOLIC BEVERAGE PRICES, ADMISSION CHARGES AND NUMBER OF TELEVISIONS AT 22 PIER AVENUE (WATERMANS HB). Memorandum from Community Development Director Ken Robertson dated June 1, 2010. Supplemental information received from Watermans on June 7, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Savelli and City Attorney Jenkins also responded to Council questions. Mayor DiVirgilio and Councilmember Duclos disclosed exparte conversations with the appellant Mr. Bellandi. • The public hearing opened at 8:20 p.m. Coming forward to address the Council on this item were: City Council Minutes 6-08-10 Page 12941 • • • Jeff Bellandi — business owner and appellant, requested only that live entertainment be allowed for an additional four days per week; said they had done everything the City and Police Chief asked and hoped for a second chance to make their business successful; Patty Egerer — Hermosa Beach, expressed concern about increased crime statistics; urged the Council to maintain a conservative focus by requiring 11 p.m. or midnight closures, and encourage bona fide restaurants; and Sandy Saemann — Hermosa Beach, said it was the Council's job to enforce CUP's and this business was supposed to be a restaurant and should not be allowed to turn into a bar. The public hearing was closed at 8:30 p.m. Proposed Action: To sustain the decision of the Planning Commission. Motion Duclos, second Tucker. The motion was replaced by the following amended motion. Action: To sustain the Planning Commission decision, but allow the requested additional entertainment until 11 p.m. Sunday through Wednesday; maintaining the existing live entertainment until 12:30 a.m. the rest of the week, with direction to staff to prepare a resolution documenting the Council's decision for adoption at the next meeting. Motion Mayor DiVirgilio, second Bobko. The motion carried, noting the dissenting votes of Duclos and Tucker. b. 2010-2011 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2010-2011 BUDGET. Memorandum from Finance Director Viki Copeland dated June 1, 2010. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell, City Attorney Jenkins, and Police Chief Savelli also responded to Council questions. The public hearing opened at 9:42 p.m. Coming forward to address the Council on this item were: Sandy Saemann — Hermosa Beach, said City Council salaries were the lowest of all local cities; supported staff suggestions to reduce costs and increase revenue but did not agree with removing the U-turns to gain more parking because there had been no proper study or public input; Aaron Bush — Hermosa Beach Firefighters Association, spoke in opposition to the proposed Fire Department shift reduction from six to five; said a study ordered by the City three years ago indicated that the department was already understaffed; City Council Minutes 6-08-10 Page 12942 • James Crawford - Hermosa Beach Firefighters Association, reiterated that the Matrix study ordered by the City indicated the shift level should be seven not six; said the proposed shift reduction from six to five posed a risk to citizens; recalled that during an earlier period of staff reduction, the City experienced its worst fire, with the loss of one house, nine apartments and two condos, after which staffing returned to six per shift; Alan Sanford - Saint Rocke, said the Fire and Police Departments were doing a great job; spoke of how he and his partners were handling the summer beach concert series this year; suggested there might possibly be other similar resources in the community to help the City save money; Ray Rebar - Hermosa Beach, said he worked for the Los Angeles County Fire Department for 34 years and suggested the City look into contracting with the County for fire services; and George Barks - Hermosa Beach property owner, supported the concept of shared services, whether with another City or with the County; thought five firefighters (three on an engine and two on an ambulance) per shift was sufficient, especially with mutual aid with other cities; thought a sixth person on an engine alone created a liability for the City; said it was important to reduce retirement benefits and introduce a two-tier system with lesser benefits for new hires. • The public hearing was closed at 9:59 p.m. • Action: To direct staff to look into outsourcing parking enforcement (Community Services division) and report back with an analysis for City Council consideration. Motion Bobko, second Mayor DiVirgilio. The motion carried, noting the dissenting votes of Fishman and Tucker. Final Action: To continue the budget public hearing to the next Council meeting of June 22 to allow staff the time to explore other funding mechanisms and other means to cut costs. Motion Fishman, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 10:30 p.m. The meeting reconvened at 10:39 p.m., continuing with item 5(a)(2). (2) ADOPTION OF 2010-2011 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 1, 2010. Action: Council consensus was to continue the public hearing to the next Council meeting on June 22, 2010. 6. MUNICIPAL MATTERS City Council Minutes 6-08-10 Page 12943 • • • a. PIER AVENUE UPDATE. Oral report from Public Works Director Richard Morgan. Two supplemental letters from Howard Longacre, one received June 7 and the other on June 8, 2010. Public Works Director Morgan presented the oral report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: By Council consensus, staff was directed to report back at the July 27, 2010 Council meeting with a design solution/safety barrier with regard to the existing bollards at Pier Plaza. Coming forward to address the Council on this item were: Dean Francois — Hermosa Beach, objected to the Pier Avenue median due to public safety concerns and the absence of any safety studies; suggested agendizing the topic of medians for a future Council meeting; said without medians there would be room for bikes and the City should be more bike friendly; said the trees in the proposed median presented a line of sight problem and a maintenance expense; Todd Dipaola — said the medians would be expensive to remove once built and this was the time to reconsider installing them to allow public safety vehicles the fastest possible access; said it was important to listen to the first responders, who opposed the medians; Dency Nelson — Hermosa Beach, said due to new public safety concerns, the Council should reconsider the center median, which he considered an old aesthetic that would look outdated as more communities adopt alternative traffic means; said the project would be less expensive and faster to complete without the medians; John Wycombe — Hermosa Beach, urged the Council to consider more bike lanes, especially on Pier Avenue and Hermosa Avenue; said he rode his bike to work in El Segundo; Julian Katz — Hermosa Beach, said bike lanes would be useful as traffic calming devices and also beneficial to businesses, because people pass by more slowly; encouraged the Council to put the median on hold and direct staff to discuss options with a design consultant; Marissa Christiansen — preferred bike lanes instead of a tree -lined median; said since Hermosa Beach is environmentally minded, this plan would assist with storm water and heat mitigation and also reduce the cost of landscape installation and maintenance; Geoff Hirsch — Hermosa Beach, discussed Pottstown, Pennsylvania, which had done away with medians and used traffic slowing and reduction methods to benefit their businesses and be more pedestrian friendly; Sandy Saemann — Hermosa Beach, said he shared the public safety concerns expressed by Fire and Police personnel; said bike lanes would be better because of the increased interest in bike riding and the reduction in vehicular use because of environmental issues; and City Council Minutes 6-08-10 Page 12944 • Robert Fortunato — Hermosa Beach, said he appreciated the planning that went into this project and the difficulty of gaining a consensus but hoped his 8 -year old son would one day be able to ride his bike to the beach safely in bike lanes from their Prospect Avenue home; said the plan for a median was logical before the City set a goal for being carbon neutral but this was an opportunity to improve the environment and reduce the cost and time to complete the project. Proposed Action: To direct staff to develop alternative plans for the Pier Avenue project that excludes the center median, with a cost analysis showing the savings associated with the exclusion, and consideration for a dedicated bike path along Pier Avenue. Motion Duclos. The motion died for lack of a second. Action: To receive and file the report. Motion Mayor DiVirgilio, second Bobko. The motion carried by a unanimous vote. At 11:51 p.m., the order of the agenda went to item 6(f). b. POLICY REGARDING CITY RESPONSES TO CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE ACTIONS GOVERNING ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS AND CONSIDERATION OF ESTABLISHING A CITYWIDE MORATORIUM ON ENTITLEMENTS FOR ON -SALE ESTABLISHMENTS. Memorandum from Community Development Director Ken Robertson dated June 1, 2010. Action: It was the Council consensus to continue this item to the Council meeting of July 13, 2010. c. PARTICIPATION IN THE LOS ANGELES COUNTY ENERGY PROGRAM ("LACEP") TO FINANCE ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY SOURCES AND IMPROVEMENTS. Memorandum from Community Development Director Ken Robertson dated June 1, 2010. Community Development Director Robertson presented the report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 10- 6705, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES IN THE INCORPORATED AREA OF THE CITY OF HERMOSA BEACH IN THE LOS ANGELES COUNTY ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE City Council Minutes 6-08-10 Page 12945 • REFERENCES PRORAM, AND CERTAIN MATTERS IN CONNECTION THEREWITH." Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 12:51 a.m., the order of the agenda went to item 4. d. 9/11 VICTIMS MEMORIAL BENCH. Memorandum from Public Works Director Richard Morgan dated May 27, 2010. Public Works Director Morgan presented the report and responded to Council questions. Coming forward to address the Council at this time was: Gila Katz - Hermosa Beach, described the joint project with the Police Department Chaplain Program and the Kiwanis Builders Club, a service program for middle -school students, to provide a bench covered with buttons, with each button representing a life lost during the terrorist attacks of September 22, 2001; and Gabrielle Wolfe - Builders Club president, said the group collected more than 10,000 buttons from various sources. Action: To approve a request to install a bench on the Greenbelt memorializing the victims of 9/11 on the south side of Pier Avenue. Motion Tucker, second Duclos. The motion carried by a unanimous vote. At 7:46 p.m., the order of the agenda went to Public Participation. e. REVIEW OF PUBLIC SAFETY PREPARATIONS FOR THE FOURTH OF JULY HOLIDAY. Memorandum from Police Chief Greg Savelli. Chief Savelli presented the report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Sandy Saemann - Hermosa Beach, spoke of a large, loud, out -of -control party with underage drinking near his home last year over the Fourth of July weekend; said he started calling the Police Department at noon on the second day and was told that he had to sign his own ticket before the Police would come out; said when he called the Police Department at about 4 p.m. he was told to go to the party and talk to the people himself. Chief Savelli explained that the department used a reasonable standard outlined by the City's attorney years ago to use their resources in the most efficient way; said loud music at noon on July 4th was not unreasonable, especially in a beach community. He said Mr. Saemann was asked to sign a City Council Minutes 6-08-10 Page 12946 • complaint but was not asked to break up the party himself; that there was no evidence of underage drinking and the band stopped playing about 4:15 p.m. Action: To receive and file the report. Motion Bobko, second Fishman. The motion carried by a unanimous vote. At 12:50 a.m., the order of the agenda went to item 6(c). f. AWARD STREET SWEEPING AGREEMENT. Memorandum from Public Works Director Richard Morgan dated May 27, 2010. Public Works Director Morgan presented the report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Dennis Chiappetta — Athens Services Executive Vice President, described the company's 50 -year history and their contracts with 20 cities; said they could save Hermosa Beach money and asked the bid process be re -opened; explained the reasons why there seemed to be disparity in the various bids submitted and why theirs seemed unbalanced; Greg Huntington — Athens Services Vice President of Finance, described how they prepared the bid, with the various elements, categories and overhead costs; Gary Clifford — Athens Services Chief Executive Officer, said they were disappointed to hear their bid was considered unbalanced and asked that the contract be re -bid; and Pam Townsend — Hermosa Beach Community Development staff member representing the City's Green Task Force, said street sweeping contributes to keeping the ocean clean. g. Action: To reject all bids and direct staff to rebid with instructions to be more specific. Motion Bobko, second Fishman. The motion carried, noting the dissenting vote of Tucker. AWARD LANDSCAPING CONTRACT. Memorandum from Public Works Director Richard Morgan dated May 27, 2010. Public Works Director Morgan presented the report and responded to Council questions. Coming forward to address the Council on this item was: John Wycombe — Hermosa Beach, said he has a young son who visits Valley Park and was shocked to learn that the park is not a herbicide -free zone; said the immune system of young children makes them more vulnerable to the effects of these chemicals and urged the Council to choose the option of natural method of weed control for this contract. City Council Minutes 6-08-10 Page 12947 • • • Action: To approve the staff recommendation to: (1) Award Landscaping contract to TruGreen for the period beginning July 1, 2010, and ending June 30, 2013; (2) Direct staff to increase the three-year contract amount to $780,400 to include Herbicide/Pesticide Free Zone citywide; (3) Authorize the Mayor to execute and the City Clerk to attest the Landscaping contract subject to approval by the City Attorney; and (4) Authorize the Director of Public Works to make minor changes as necessary within the budgeted amount. Motion Fishman, second Duclos. The motion carried by a unanimous vote. At 12:36 a.m., the order of the agenda went to item 6(e). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS, UPCOMING EXPIRATION OF TERMS— CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated June 1, 2010. City Clerk Doerfling presented the report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for one Civil Service Board term that will expire July 15, 2010. Motion Bobko, second Fishman. 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, June 9, 2010, at the hour of 1:03 a.m. to a Closed Session to be held on June 11, 2010, at 7:30 a.m. D-puty City Cler City Council Minutes 6-08-10 Page 12948 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Friday, June 11, 2010, at the hour of 7:35 a.m. • ROLL CALL: Present: Bobko, Duclos, Fishman, 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: Macpherson v. City of Hermosa Beach BC172546 Action: To add the following existing litigation to the agenda: Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS Motion, Bobko, second Tucker. The motion carried by a unanimous vote. ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 11, 10, at the hour of 7:36 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Friday, June 11, 2010, at the hour of 8:03 a.m. At the hour of 9:47 a.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Adjourned Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 11, 2010, at the hour of 9:48 a.m. to the Regular Meeting of June 22, 2010 at 6:00 p.m. eputy City Cle City Council Minutes 6-11-10 Page 12949 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, June 22, 2010, at the hour of 6:14 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. APPROVAL OF MINUTES: (a) Minutes of Closed Session meeting held on May 25, 2010; (b) Minutes of Closed Session meeting held on June 8, 2010; and (c) Minutes of Closed Session meeting held on June 11, 2010. • 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 Lewitt v. City of Hermosa Beach CV09-2543CAS City Council Minutes 6-22-10 Page 12950 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 22, 2010, at the hour of 6:15 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 — School Board Member Jack Burns CLOSED SESSION REPORT — City Attorney Jenkins said there were no additions to the agenda and no public comments; identified the three agenda items — negotiations with the employees unions, Hewitt v. Hermosa Beach and Macpherson Oil v. Hermosa Beach; and said no reportable actions were taken. ANNOUNCEMENTS — Councilmember Duclos noted the recent retirement of Hermosa Beach teachers Jan Stewart and Jay Keller and long-time school maintenance worker Richard Esparza; said the Rajin Cajun restaurant would have to relocate because the business owner had lost his lease after 18 years at his Pier Avenue location; and spoke of the recent grand opening of the Seniors Activity Center, noting that the Art Walk organizers presented art for the center. Councilmember Fishman invited the community to attend the second meeting of the Pacific Coast Highway/Aviation Improvement Committee on Thursday, July 1, at 7 p.m. in the Council Chambers. Mayor pro tem Tucker reminded everyone that no fireworks were allowed in the City and urged the community to celebrate responsibility over the Fourth of July holiday weekend and to park as close to the curb as possible for emergency vehicle access; also urged residents to attend the First Thursday shopping/dining events on Pier Avenue to help the businesses during the construction period and keep tax dollars in the City. Mayor DiVirgilio said there would be a free ocean -friendly landscaping workshop hosted by the West Basin Municipal Water District on Monday, June 28 from 6-9 p.m. in the Council Chambers; said more information could be obtained at the South Bay Environmental Services Center at www.sbesc.com. PRESENTATIONS PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS' BUREAU AND HERMOSA CYCLERY FOR THEIR BIKE VALET PROGRAM AT FIESTA HERMOSA Mayor DiVirgilio presented certificates of appreciate to representatives from the Chamber of Commerce and the owners of Hermosa Cyclery for organizing and City Council Minutes 6-22-10 Page 12951 • • • manning the Fiesta Hermosa bike valet program, contributing to the City's environmental efforts. PRESENTATION BY THE HERMOSA BEACH CITY SCHOOL DISTRICT VALET PROGRAM School Board member Jack Burns described the upcoming valet program sponsored by the School District to help with parking, particularly during the Pier Avenue construction project; said the two drop-off locations were in front of the post office for westbound traffic and on the south side of Pier Avenue near Monterey for eastbound traffic; said the 90 -day trial program would begin on the Fourth of July weekend and would benefit merchants, customers, and the School District. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Patty Egerer — Hermosa Beach, asked that consent calendar item 2(o) be pulled for separate discussion; said the Council considers Watermans to be a restaurant, but she sees evidence that the business is a bar; Lisa Ryder Moore — Green Task Force, asked that consent calendar item 2(j) be removed for discussion, in order to add to the contract a clause to require green seal certified paper products (City Manager Burrell noted that this requirement was on page 11 in Section 5.1.7 of the contract); Lori Ford — Gumtree, spoke of requests for City assistance with publicizing the First Thursday events on Pier Avenue; said there were 55 businesses participating, with more joining all the time; Roger Bacon — Ralphs Shopping Center, said businesses were suffering due to the Pier Avenue construction, with no water truck to take care of the dust problem; noted 35 commercial vacancies on Pacific Coast Highway; Jim Lissner— Hermosa Beach, said it would be a waste of money to order a study regarding alcohol related businesses; re item 9(a), supported the practice of listing claims against the City on the Council agenda; and Sandy Saemann — Hermosa Beach, opposed the Fourth of July policy requiring a resident to sign a citizen's arrest before the Police would come out for a disturbance as it pitted neighbor against neighbor (Chief Savelli said the police would respond to loud noise after 10 p.m. but used a reasonable standard to determine daytime disturbances; said a resident could sign a statement that they consider the activity objectionable). 2. CONSENT CALENDAR: City Council Minutes 6-22-10 Page 12952 • 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 (c), (e), (j) and (o) (Tucker) Motion Tucker, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING CITY COUNCIL MINUTES. Memorandum from City Clerk Elaine Doerfling dated June 17, 2010. Action: To receive and file memorandum regarding City Council minutes. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59818 THROUGH 59937 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 59703, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. City Manager Burrell responded to questions about the City's local coastal plan (LCP), which is on the list of goals. Action: To receive and file the Tentative Future Agenda Items and City Council Directives. Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the May 2010 financial reports. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $12500 FROM THE LEADERSHIP HERMOSA BEACH TO BE USED FOR THE "BLUE DOT" FIRE HYDRANT LOCATION PROJECT; $345 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER; $100 FROM ED TALBOT/ET SURFBOARDS AND $40 City Council Minutes 6-22-10 Page 12953 • • (f) (g) FROM TOMBOY'S FAMOUS CHILI -BURGERS TO BE USED FOR THE SENIOR ACTIVITY CENTER; 10 - $8 DINNER CERTIFICATES ($80 VALUE) FROM PICK UP STIX, 5 - $5 GIFT CERTIFICATES ($25 VALUE) FROM SCOTTY'S ON THE STRAND AND 3 - $10 GIFT CERTIFICATES ($30 VALUE) FROM THE SPOT TO BE USED A PRIZES FOR SENIOR CENTER GAMES AND ACTIVITIES. Memorandum from Finance Director Viki Copeland dated June 15, 2010. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $1,500 from the Leadership Hermosa Beach to be used for the "Blue Dot" fire hydrant location project; $345 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center; $100 from Ed Talbot/ET Surfboards to be used for the Senior Activity Center; $40 from Tomboy's Famous Chili -Burgers to be used for the Senior Activity Center; 10 - $8 dinner certificates ($80 value) from Pick Up Stix to be used as prizes for Senior Center games and activities; - 5 - $5 gift certificates ($25 value) from Scotty's on the Strand to be used as prizes for Senior Center games and activities; and - 3 - $10 gift certificates ($30 value) from The Spot to be used as prizes for Senior Center games and activities. Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated June 14, 2010. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of May 31, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 3, 2010. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 3, 2010. • (h) RECOMMENDATION TO AUTHORIZE A THREE-YEAR EXTENSION OF THE CURRENT ELEVATOR MAINTENANCE AGREEMENT WITH City Council Minutes 6-22-10 Page 12954 • RELIABLE ELEVATOR OF DOWNEY, CALIFORNIA. Memorandum from Public Works Director Richard Morgan dated June 15, 2010. (i) U) Action: To authorize a three-year extension of the current elevator maintenance agreement with Reliable Elevator of Downey, California, as recommended by staff. RECOMMENDATION TO AWARD A STORM DRAIN MAINTENANCE CONTRACT TO UNITED STORM WATER FOR THE PERIOD BEGINNING JULY 1, 2010, AND ENDING JUNE 30, 2013, FOR A TOTAL THREE YEAR CONTRACT AMOUNT OF $36,574; 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 BUDGETED AMOUNT. Memorandum from Public Works Director Richard Morgan dated June 15, 2010. Action: To approve the staff recommendation to: (1) Award a Storm Drain Maintenance contract to United Storm Water for the period beginning July 1, 2010, and ending June 30, 2013, for a total three year contract amount of $36,574; (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 budgeted amount. RECOMMENDATION TO AWARD A JANITORIAL SERVICES CONTRACT TO S & S FACILITY MAINTENANCE FOR THE PERIOD BEGINNING JULY 1, 2010, AND ENDING JUNE 30, 2013, FOR A TOTAL THREE-YEAR CONTRACT IN THE AMOUNT OF $321,012 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 15, 2010. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to: (1) Award a Janitorial Services contract to S & S Facility Maintenance for the period beginning July 1, 2010, and ending June 30, 2013, for a total three-year contract in the amount of $321,012; and (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; City Council Minutes 6-22-10 Page 12955 • • with direction to staff to re -look at the items in the bid and reduce the scope of work, if feasible, to decrease the cost by 10 percent. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 1, 2010. (I) (m) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 1, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF JUNE 14, 2010. Action: To receive and file the action minutes of the Green Task Force meeting of June 14, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 15, 2010. Action: To receive and file the action minutes of the Planning Commission meeting of June 15, 2010. (n) RECOMMENDATION TO APPROVE THE PURCHASE OF FIVE (5) SETS OF FIREFIGHTER PERSONAL PROTECTIVE CLOTHING FROM L.N. CURTIS & SONS, 2600 EAST 8TH STREET; LOS ANGELES, CA; 90023 (SOLE -SOURCE VENDER FOR GLOBE MANUFACTURING COMPANY) FOR $9,122.31. Memorandum from Fire Chief David Lantzer dated June 14, 2010. Action: To approve the purchase of five (5) sets of firefighter personal protective clothing from L.N. Curtis & Sons, 2600 East 8th Street; Los Angeles, CA; 90023 (sole -source vender for Globe Manufacturing Company) for $9,122.31. (o) RECOMMENDATION TO ADOPT A RESOLUTION REFLECTING COUNCIL ACTION ON JUNE 8, 2010, REGARDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION FOR A CONDITIONAL USE PERMIT AMENDMENT FOR 22 PIER AVENUE, KNOWN AS "WATERMANS". Memorandum from Community Development Director Ken Robertson dated June 15, 2010. A supplement email with an internet video reference from Patty Egerer was received on June 22, 2010. This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting in order to state for the record that the Planning Commission never discussed nightly entertainment even though it was stated at the previous meeting that they had. City Council Minutes 6-22-10 Page 12956 • • Coming forward to address the Council at this time were: Sandy Saemann — Hermosa Beach, said the Planning Commission set an example by denying Watermans requests and the Council was setting a precedent by allowing entertainment every night; and George Barks — Redondo Beach, said Patty Egerer asked him to mention that the Internet video reference she emailed to the City indicated that the business is called Watermans Bar. Action: Adopt Resolution No. 10-6709, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AFFIRMING AN APPEAL, IN PART, TO AMEND A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT TO EXTEND THE LIVE ENTERTAINMENT HOURS TO INCLUDE SUNDAY THROUGH WEDNESDAY UNTIL 11:00 P.M. AND, DENYING THE APPEAL, IN PART, AND SUSTAINING THE PLANNING COMMISSION DECISION TO DENY THE REQUESTS FOR EXTENDED HOURS OF OPERATION, GREATER EXTENDED HOURS FOR LIVE ENTERTAINMENT AND TO AMEND CONDITIONS RELATING TO FOOD SALES, ALCOHOLIC BEVERAGE PRICES, ADMISSION CHARGES AND NUMBER OF TELEVISIONS, AT 22 PIER AVENUE, "WATERMANS HB," LEGALLY DESCRIBED AS LOT 6, BLOCK 12, HERMOSA BEACH TRACT, HERMOSA BEACH." Motion Bobko, second Mayor DiVirgilio. The motion carried, noting the dissenting votes of Duclos and Tucker. 3. CONSENT ORDINANCES - None At 7:59 p.m., the order of the agenda went to item 5(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c). (e), (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. At 10:38 p.m., the order of the agenda went to item 8(a). 5. PUBLIC HEARINGS a. 2010-2011 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. City Council Minutes 6-22-10 Page 12957 • (1) ADOPTION OF 2010-2011 BUDGET. Memorandum from Finance Director Viki Copeland dated June 1, 2010. Supplemental memo received from City Manager Burrell on June 22, 2010. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell and Fire Chief Lantzer also responded to Council questions. The public hearing opened at 8:32 p.m. Coming forward to address the Council on this item was: George Barks — Redondo Beach resident, Hermosa Beach property owner, urged Council support of the original budget presented at the previous meeting; supported the two-tier benefit program, five -person Fire Department shifts, shared services, not filling the 14 vacancies, reducing salaries and researching outsourcing community services. The public hearing was closed at 8:35 p.m. Action: To approve Budget Plan A. Motion Tucker, second Bobko. The motion carried by a unanimous vote. Further Action: To approve the contracts listed in the staff report for services budgeted in the 2010-2011 Budget, as recommended by staff. Motion Tucker, second Fishman. The motion carried by a unanimous vote. Final Action: To approve the staff recommendation to adopt Resolution No. 10-6706, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2010-2011." Motion Fishman, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 8:56 p.m. The meeting reconvened at 9:05 p.m., continuing with item 5(b), part 2 (2) ADOPTION OF 2010-2011 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 1, 2010 Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 9:06 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:06 p.m. Action: To approve the staff recommendation to adopt Resolution No. 10- 6706, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2010-2011." Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 6-22-10 Page 12958 • • b. 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, 2010. Memorandum from City Manager Stephen Burrell dated June 8, 2010. Supplemental revised list of delinquent accounts received from staff on June 22. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 9:08 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:08 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) Adopt Resolution No. 10-6708, 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 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 REFUSE CDS)." Motion Tucker, second Fishman. The motion carried by a unanimous vote. c. AVP REQUEST TO AMEND ITS APPROVED HERMOSA BEACH OPEN CONTRACT TO ADD A FREE MOVIE PRESENTATION ON FRIDAY, JULY 16, 2010, FROM 8:00 PM TO 10:00 PM AND ADD A FREE LIVE CONCERT ON SATURDAY, JULY 17, 2010, FROM 6:00PM TO 9:00PM WITH BOTH ADDITIONAL EVENTS TO BE HELD IN THE TOURNAMENT STADIUM ON THE BEACH NORTH OF THE PIER. Memorandum from City Manager Stephen Burrell dated June 17, 2010. Supplemental request for withdrawal received from AVP on June 22, 2010. Action: It was the consensus of the Council to accept the applicant's request to withdraw the item. 6. MUNICIPAL MATTERS City Council Minutes 6-22-10 Page 12959 • a. REQUEST FROM LORI FORD REGARDING "FIRST THURSDAY" TO PROVIDE ASSISTANCE TO THE EFFORT. Memorandum from City Manager Stephen Burrell dated June 16, 2010. City Manager Burrell presented the report and responded to Council questions. Action: To direct the City Manager to work with Lori Ford of Gumtree and the other business owners participating in First Thursdays to see what the City can do to help publicize these events. Motion Duclos, second Tucker. The motion carried by a unanimous vote. b. PROPOSED MEMORANDA OF UNDERSTANDING WITH AECOM TECHNICAL SERVICES, INC. Memorandum from City Manager Stephen Burrell dated June 14, 2010. Supplementals from Carbon Neutral Ad Hoc Committee, Robert Fortunato, and Phil Friedl received on June 22, 2010. City Manager Burrell presented the report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Reuben Rojas — AECOM, said Hermosa was poised for success and he was sure the City would be pleased with their pro bono services; said he would report back in 60-90 days; in response to Council questions, said providing additional insurance would not be a problem; and Dency Nelson — Hermosa Beach, said Hermosa was the right size and had the interest already to work successfully with AECOM; said he hoped there would also be interest from the Hermosa Beach School District. Action: To enter into an MOU with AECOM Technical Services, Inc. to assist the City in securing resources to assist in reaching the sustainability/carbon neutral goal, with the amendment to include $1 million liability insurance. Motion Tucker, second Duclos. The motion carried by a unanimous vote. c. RECOMMENDATION OF PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION REGARDING CONSUMPTION OF ALCOHOL ON THE BEACH DURING SUNSET SUMMER CONCERTS. Memorandum from City Attorney Burrell dated June 16, 2010. City Manager Burrell presented the report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Patty Egerer — Hermosa Beach, expressed concern about illegal drinking on the beach; said the City Council needed to be definitive in ensuring beach safety for families; City Council Minutes 6-22-10 Page 12960 • • • Sandy Saemann — Hermosa Beach, said he had called the Police Department on a Fourth of July and was told he had to sign a document before the Police would come out; said the Council should do something about this dangerous situation; Proposed Action: To receive and file the report and direct staff to implement the public information effort regarding the prohibition of consumption of alcohol during the Sunset Summer Concerts. Motion Bobko, second Fishman. The motion was replaced by the following action. Action: It was the consensus of the Council to accept the Commission's work regarding the public information effort and direct the City Manager to report back after obtaining additional input from the Police Chief for a continued discussion on an action plan for this year's concerts. d. PIER AVENUE UPDATE. Oral report from Public Works Director Richard Morgan. Public Works Director Morgan presented the oral report and responded to Council questions. Action: To receive and file the update and no longer require an oral report at each Council meeting but rather just a written report of the schedule. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 10:15 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated June 11, 2010. Action: Council consensus was to select Mayor pro tem Tucker as a voting delegate and Councilmember Duclos as an alternate for the upcoming League of California Cities annual conference. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilman Fishman that claims be rejected by the City Attorney/City Manager rather than be placed on City Council agenda. Councilmember Fishman spoke to his request. City Council Minutes 6-22-10 Page 12961 • • • Action: To agendize the topic for a future Council meeting. Motion Fishman. The motion failed, garnering only Mayor pro tern Tucker's support. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 22, 2010, at the hour of 10:51 p.m. to a Regular meeting to be held on July 13, 2010 at 6:00 p.m. D City Council Minutes uty City Clerk 6-22-10 Page 12962 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 13, 2010, at the hour of 6:04 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. APPROVAL OF MINUTES: Closed Session meeting of June 22, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: 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, July 13, 2010, 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 at 7:05 p.m. City Council Minutes 7-13-10 Page 12963 0 PLEDGE OF ALLEGIANCE — J.R. Reviczky CLOSED SESSION REPORT — City Attorney Jenkins said there were no additions to the agenda and no public comments; said the Council got an update on negotiations with the various employees unions and gave direction to the City Manager; said no date had been set yet for the Macpherson trial but the Council received legal advice, and there were no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos reported on the annual Independent Cities seminar, which included discussions on how cities will move effectively into the next decade as well as public retirement benefits. Councilmember Bobko said other seminar topics included developing pedestrian friendly cities and money available for that type of project; electric vehicles, water conservation, and the State trying to find additional means of balancing its budget. Councilmember Fishman announced: (1) AVP volleyball tournament starting Friday, July 16; and (2) American Cancer Society's Relay for Life fundraising event starting at 9 a.m. on Saturday, July 17, at Alta Vista School in Redondo Beach. Mayor DiVirgilio praised the Kiwanis Club and Chamber of Commerce for holding events encouraging interaction between the City's service organizations; said two weeks ago he had the opportunity to speak to U.S. Secretary of Labor Hilda Solis • about Hermosa's environmental interests and hoped this conversation might benefit the City in the future. He asked to adjourn the meeting in memory of three people: Linda Riddle, a former Deputy City Clerk from 1986 to 1991; resident Susan Ziegler, Neighborhood Watch block captain and volunteer who distributed to residents emergency packets and helped refurbish the Emergency Operations Center; and Joe Miller, a personal friend of his, who passed away from a rock climbing accident. • PRESENTATIONS PRESENTATION OF CERTIFICATES OF RECOGNITION TO HERMOSA HISTORY WALK COMMITTEE Mayor DiVirgilio presented Certificates of Appreciation to members of the History Walk Committee, stating that the first History Walk served as a fundraiser for the City's Mural Project. History Walk coordinator Carol Russell said, although a date had not yet been selected, there would be another history walk. The group exhibited a Targe painting by school children and distributed copies of documents discovered by the committee, including the 1916 Register of Voters and 1910 Census records with detailed and fascinating information about residents. PRESENTATION BY BRYAN WINTERS REGARDING PEDESTRIAN BRIDGE ON PIER AVENUE City Council Minutes 7-13-10 Page 12964 • • Resident Bryan Winters presented computer generated representations of a pedestrian bridge at the intersection of Valley Drive and Pier Avenue which would provide safety and also serve as an attractive visual gateway entrance to the City, with a railway theme to indicate the history of the Greenbelt as a train track; said matching funds were available from various agencies for this kind of project. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There was one written communication and one supplemental written communication this evening. a) Letter from Howard Lonqacre dated July 2, 2010, regarding placement of items on the agenda under "Other Matters." No one came forward to address the Council on this letter. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To agendize at a future Council meeting a discussion on the current procedure for Councilmembers placing items on the agenda. Motion Fishman, second Tucker. The motion carried, noting the dissenting votes of Bobko and Mayor DiVirgilio. b) Supplemental letter from Patty Egerer dated June 30, 2010, regarding the Council's adoption at its June 22 meeting of the Waterman appeal resolution. No one came forward to address the Council on this letter. Action: To receive and file both written communications. Motion Tucker, second. Bobko. The motion carried by a unanimous vote. Coming forward under oral communications to address the Council at this time were: Judy Garland — Hermosa Beach, spoke in opposition to the Pier Avenue project, citing dust and traffic issues; Sandy Saemann — Hermosa Beach, said he opposed certain aspects of the staff report for tonight's agenda item concerning the City's establishment of a policy regarding the ABC; Jason Van Biezen — representing South Bay Open Carry, distributed information about open carry rights in California and discussed the right to keep and bear arms; and Brenda (no last name given) — Hermosa Beach, representing Joe Charles, discussed the annual Pier to Pier Walk/Run from Hermosa Beach to City Council Minutes 7-13-10 Page 12965 • Manhattan Beach at 7 a.m. Saturday, November 13, noting that the event benefits a lot of local foundations. 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) and (h) Duclos, and 2 (e) Tucker. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on May 27, 2010; 2) Minutes of the Regular meeting held on June 8, 2010; and 3) Minutes of the Adjourned Regular meeting held on June 11, 2010. Action: To approve as presented City Council minutes of the Adjourned Regular meeting of May 27, the Regular meeting of June 8, and the Adjourned Regular meeting of June 11, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 59938 THROUGH 60171 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 59764 and 59784, 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 the City Council Directives. (d) RECOMMENDATION TO APPROVE AN EXCHANGE AGREEMENT WITH THE CITY OF LA MIRADA TO SELL $82,000 OF THE CITY'S UNSPENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR $45,100 IN UNRESTRICTED FUNDS AND APPROPRIATE SUCH FUNDS TO CIP 07-649, COMMUNITY CENTER GENERAL IMPROVEMENTS. Memorandum from Community Development Director Ken Robertson dated June 30, 2010. Supplemental letter from Howard Longacre received July 12, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Council Minutes 7-13-10 Page 12966 • • • City Manager Burrell responded to Council questions. Proposed Action: To use the unrestricted funds for street repair. Motion Fishman, second Duclos. Amended Action: To approve the staff recommendation to adopt Resolution No. 10-6711, 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." and direct staff to return with a needs assessment for work at the Community Center. Motion Fishman, second Duclos. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $100.00 FROM FRAN'S HALLMARK TO BE USED FOR THE SENIOR ACTIVITY CENTER; $159.00 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER; $100.00 FROM THE HERMOSA CYCLERY, INC./STEVE COLLINS TO BE USED FOR THE SENIOR ACTIVITY CENTER; AND 5 - $20 GIFT CERTIFICATES ($100 VALUE) FROM CAFE BOOGALOO TO BE USED AS PRIZES FOR SENIOR CENTER GAMES AND ACTIVITIES. Memorandum from Finance Director Viki Copeland dated July 6, 2010. (f) This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $100 from Fran's Hallmark to be used for the Senior Activity Center; - $159 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center; $100 from the Hermosa Cyclery, Inc./Steve Collins to be used for the Senior Activity Center; and - 5 - $20 gift certificates ($100 value) from Cafe Boogaloo to be used as prizes for Senior Center games and activities. Motion Tucker, second Bobko. The motion carried by a unanimous vote RECOMMENDATION TO ACCEPT THE WORK BY CLARKE CONTRACTING FOR CIP PROJECT NO. 07-420 HERMOSA STRAND INFILTRATION PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO CLARKE CONTRACTING (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated July 7, 2010. Action: To approve the staff recommendation to: City Council Minutes 7-13-10 Page 12967 1 • (g) (1) Accept the work by Clarke Contracting for CIP Project No. 07-420 Hermosa Strand Infiltration Project; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Clarke Contracting (10% retained for 35 days following filing of Notice of Completion). RECOMMENDATION TO APPROVE THE ADDITION OF $4,654.84 TO THE COST OF THE EQUIPMENT TO REPLACE THE DIGITAL VIDEO SYSTEMS IN POLICE VEHICLES. Memorandum from Police Chief Greg Savelli. Action: To approve the addition of $4,654.84 to the cost of the equipment to replace the digital video systems in Police vehicles, as recommended by staff. (h) RECOMMENDATION TO ADOPT RESOLUTION CONFIRMING THAT A MICROBREWERY (LIMITED TO MANUFACTURING AND WHOLESALING) IS SIMILAR TO OTHER USES PERMITTED IN THE LIGHT MANUFACTURING (M-1) ZONE. Memorandum from Community Development Director Ken Robertson dated July 6, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. 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 at this time were: Jeff Parker - Hermosa Beach, described his proposed microbrewery business; said the Health Department requires a letter from the City, which would then be forwarded to Alcoholic Beverage Control (ABC) for licensing; Ira Ellman - Hermosa Beach, opposed adoption of this resolution, citing his concerns with potential odors, noise and truck traffic; Barbara Ellman - Hermosa Beach, opposed adoption of this resolution because the facts pertaining to impacts are unknown; and Jennifer Packman - supported the resolution, noting that the proposed business would process cereal grain, less of an impact than surfboard resin. Action: To initiate a code amendment to add microbrewery as a permitted use in the M-1 zone and remand the issue to the Planning Commission for public hearing. Motion Fishman, second Tucker. The motion carried, noting the dissenting votes of Bobko and Mayor DiVirgilio. City Council Minutes 7-13-10 Page 12968 • • (i) RECOMMENDATION TO AUTHORIZE THE CONTRACT AWARD FOR FIRE APPARATUS PREVENTATIVE MAINTENANCE NOT TO EXCEED $30,000 TO AMERICAN LAFRANCE OF LOS ANGELES. Memorandum from Fire Chief David Lantzer dated July 7, 2010. Action: To approve the staff recommendation to authorize the contract award for fire apparatus preventative maintenance not to exceed $30,000 to American LaFrance of Los Angeles. 3. CONSENT ORDINANCES - None At 8:06 p.m., the order of the agenda went to public hearing item 5(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d), (e) and (h) 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 11:01 p.m., the order of the agenda went to item 7(a). 5. PUBLIC HEARINGS a. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2010-2011 FOR THE FISCAL YEAR BEGINNING JULY 1, 2010, AND ENDING JUNE 30, 2011. Memorandum from Public Works Director Richard Morgan dated June 28, 2010. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:15 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:15 p.m. Action: To approve the staff recommendation to adopt Resolution No. 10- 6710, 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, 2010, AND ENDING JUNE 30, 2011, IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2010-2011." City Council Minutes 7-13-10 Page 12969 A Motion Fishman, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. POLICY REGARDING CITY RESPONSES TO CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE ACTIONS GOVERNING ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS AND CONSIDERATION OF ESTABLISHING A CITYWIDE MORATORIUM ON ENTITLEMENTS FOR ON -SALE ESTABLISHMENTS. Continued from meeting of June 8, 2010. Memorandum from Community Development Director Ken Robertson dated June 1, 2010 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. Proposed Action: To table the topics listed in the staff report as items 1-5 until the Planning Commission has completed item 2 (a system of standards as a basis for annual CUP reviews and subsequent actions); and to consider this evening item 6 (a citywide moratorium on all new on -sale establishments until all policies are in place). Motion Mayor DiVirgilio, second Tucker. The motion was replaced by the following substitute motion. Substitute Action: To remove from consideration this evening the topic of a citywide moratorium (item 6). Motion Bobko, second Mayor DiVirgilio. The motion carried by a unanimous vote. Mayor DiVirgilio clarified for the public's benefit that this evening the Council: • would discuss a policy regarding City response to Alcoholic Beverage Control license actions governing on -sale alcoholic beverage establishments (item 1); • would not take action on a citywide moratorium on new on -sale establishments (item 6); • would discuss under agenda item 6b options regarding restaurants with on -sale beer and wine closing at 10 p.m. or earlier (item 3), options regarding annually renewable entertainment permits (item 4), and options for extinguishing conditional use permits for on -sale establishments no longer in business (item 5); and • would defer to a later date, after the Planning Commission has completed its review, consideration of a system of standards for annual CUP review (item 2). Coming forward to address the Council on this item were: Sandy Saemann — Hermosa Beach, spoke in opposition to allowing transfers of liquor licenses without City Council review and public input; City Council Minutes 7-13-10 Page 12970 1 1 Josh Keene — Attorney for Cafe Bugaloo, spoke in favor of allowing transfers of liquor licenses without City Council intervention; Gary Vincent — Fat Fenner's Fishshack, said his business would lose value if he was unable to transfer his liquor license if he chose to do so; Ron Newman — Hermosa Beach business owner, spoke of the investment the businesses have made in the City; favored allowing transfers of liquor license without City Council review; and Nancy Paulville — Hermosa Beach resident and owner of the building occupied by Cafe Bugaloo, said new restrictions would be unfair to businesses and property owners. Action: To approve the staff recommendation to adopt Resolution No. 10- 6710a, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A POLICY REGARDING CITY RESPONSES TO CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE ACTIONS GOVERNING ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS," requiring the placement of liquor license transfers on Council agendas (Consent Calendar) only if they do not comply with the established criteria contained in the resolution. Motion Bobko, second Mayor DiVirgilio. The motion carried by a unanimous vote. The meeting recessed at 9:25 p.m. The meeting reconvened at 9:30 p.m. b. OPTIONS FOR AMENDING THE MUNICIPAL CODE REGARDING (1) RESTAURANTS WITH ON -SALE BEER AND WINE CLOSING BY 10:00 P.M.; (2) EXTINGUISHING CONDITIONAL USE PERMITS FOR ON -SALE ESTABLISHMENTS THAT HAVE CEASED TO EXIST OR HAVE BEEN SUSPENDED, AND (3) ADDING REQUIREMENT FOR ENTERTAINMENT PERMIT FOR ALL LIVE ENTERTAINMENT. Memorandum from Community Development Director Ken Robertson dated July 6, 2010. 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. Coming forward to address the Council on this item were: Sandy Saemann — Hermosa Beach, opposed changing the closing time from 10 p.m. to 11 p.m. for restaurants allowed to serve beer and wine without a Conditional Use Permit (CUP); Dave Lowe — Blue 32, opposed decreasing the time period before an abandoned CUP is extinguished; and Carla Merriman — Executive Director Hermosa Beach Chamber of Commerce and Visitors Bureau, spoke in opposition to decreasing the time period before an abandoned CUP is extinguished. City Council Minutes 7-13-10 Page 12971 w • • Action: To receive and file option #1, thereby not initiating a code amendment to extend the closing time from 10 p.m. to 11 p.m. for restaurants with on -sale beer and wine that operate by right in commercial zones. Motion Duclos, second Fishman. The motion carried, noting the dissenting vote of Bobko and Mayor DiVirgilio. Further Action: To remand to the Planning Commission option #2 — the issue of extinguishing conditional use permits (CUPs) for businesses that have ceased to exist — with the instruction to develop more specific criteria and the tools to extinguish abandoned CUPs, while maintaining a time period of at least 12 months, as currently required. Motion Bobko, second Fishman. The motion carried by a unanimous vote. Final Action: To remand to the Planning Commission option #3 — the issue of requiring live entertainment permits for all new businesses as well as all existing businesses that do not have live entertainment permitted under their current conditional use permits. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 10:29 p.m., the order of the agenda went to item 2(h). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSITION 23 WHICH IS FORMALLY KNOWN AS THE CALIFORNIA JOBS INITIATIVE TO SUSPEND AB32 WHICH, IF PASSED, SUSPENDS AB32'S AIR POLLUTION AND HEALTH REGULATIONS UNTIL THE CALIFORNIA ECONOMY REACHES AN UNEMPLOYMENT RATE OF 5.5% OR LESS FOR ONE YEAR. Memorandum from City Manager Stephen Burrell dated July 1, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson — Hermosa Beach, urged the City Council to take a position in opposition to Proposition 23, noting that Hermosa Beach has been a leader in taking "green" positions. Action: To take a position in opposition to Proposition 23, an initiative that will be on the November 2010 ballot. Motion Duclos, second Tucker. The motion carried, noting the dissenting vote of Bobko. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL City Council Minutes 7-13-10 Page 12972 • • a. VACANCIES — BOARDS AND COMMISSIONS — EXPIRATION OF TERM — CIVIL SERVICE BOARD. Memorandum from City Clerk Elaine Doerfling dated July 6, 2010. City Clerk Doerfling presented the staff report. Action: To reappoint Mary Lou Weiss, current Civil Service Board member, to fill the expiring term and serve another four-year term ending July 15, 2014. Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. BUSINESS LICENSE TAX REVIEW COMMITTEE. Memorandum from City Manager Stephen Burrell dated July 1, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the application and selection process (using weighted voting) for members to serve on the Business License Tax Review Committee, changing the number of members to five total (including the two Councilmembers) and changing the selection date to the Council meeting of September 28, 2010. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 11:14 p.m., the order of the agenda went to item 2(d). 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Duclos to consider amending the municipal code to enact a smoking ban on all outdoor dining encroachments to be consistent with recent enacted bans, such as in the City of Los Angeles, which prohibit smoking within 10 feet of outdoor dining areas. Action: At Councilmember Duclos' suggestion, it was the consensus of the Council to continue this request to the next meeting. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Joe Miller, Linda Riddle and Susan Zeigler, on Tuesday, July 13, 2010, at the hour of 11:31 p.m. to a Regular meeting to be held on July 27, 2010 at 6:00 p.m. City Council Minutes uty City Clerk 7-13-10 Page 12973 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, July 27, 2010, at the hour of 6:09 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 June 13, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS City Council Minutes 7-27-10 Page 12974 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the • City of Hermosa Beach adjourned on Tuesday, July 27, 2010, at the hour of 6:10 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:57 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:08 p.m. PLEDGE OF ALLEGIANCE — Sandi Pfister ROLL CALL Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments; three agenda items were discussed — negotiations with City employee unions and litigation items Macpherson and Lewitt; and there were no reportable actions. ANNOUNCEMENTS — Councilmember Duclos discussed the importance of the Volunteers in Policing (VIP) program and Neighborhood Watch and encouraged interested parties to contact Police Chief Savelli; said he participated the previous Saturday in a regional DUI Task Force and gave details of violations. Mayor pro tem Tucker announced the upcoming International Surf Festival and gave details of the events, including three in Hermosa; welcomed Jack's Surfboards, a new Hermosa Beach business, and congratulated Spyder Surfboards on their new remodel; encouraged the public to patronize these and other local businesses; said he hoped the Pier Avenue project would encourage business growth. City Manager Burrell asked to remove item 6(f) (Pacific Coast Highway/Aviation Improvement Committee) from the agenda, and there was no objection to doing so. Mayor DiVirgilio said he recently received a resident's complimentary comments about a recent City excursion, the Salsa Festival in Oxnard; said it reminded him of the great programs the City offers for adults, seniors and children. PRESENTATIONS RECOGNITION OF DISTINGUISHED GUEST MARY ALICE EDGERTON FORMER HERMOSA BEACH CITY CLERK Mayor DiVirgilio introduced Ms. Edgerton and gave highlights of her contributions to the City during her time as City Clerk from 1967 to 1971, such as the first use of a computerized vote-a-matic system in Hermosa's Municipal Elections; the coordination of a public relations program, staffing a nine -member Commission; and assisting in preparation of the City Newsletter and City Brochure. City Council Minutes 7-27-10 Page 12975 • • PRESENTATION OF CERTIFICATE OF RECOGNITION TO HOLDEN ORIAS FOR ACHIEVING FIRST PLACE NATIONWIDE IN THE MATH KANGAROO COMPETITION Seven-year old Holden Orias came forward to accept presentation of a certificate and a City pin from the Mayor and thanked his mother for teaching him to learn to enjoy math. PRESENTATION TO TRACY HOPKINS RE NATIONAL NIGHT OUT Mayor DiVirgilio presented a certificate of appreciation to Tracy Hopkins, who then thanked the Council, Police Chief Savelli and Fire Chief Lantzer for support and described the activities and importance of National Night Out on August 3, 2010. PRESENTATION BY DIRECTOR CAROL KWAN, WEST BASIN MUNICIPAL WATER DISTRICT, THANKING LEADERSHIP HERMOSA FOR ASSISTANCE WITH FREE TOILET GIVE-AWAY Carol Kwan from West Basin Water District thanked the Hermosa Beach School District for providing a location for their recent free low -flow toilet giveaway program and presented a check for $4,395 to Leadership Hermosa, West Basin's partner for their recruiting volunteer for the toilet giveaway; said by 2020, West Basin's goal was for California to have less reliance on imported water through conservation, education, recycling, and responsible ocean desalinization. PUBLIC PARTICIPATION 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications received prior to the posting of the agenda and one SUPPLEMENTAL written communication received on July 26. a) SUPPLEMENTAL letter from Howard Longacre dated July 25, 2010, regarding street paving. No one came forward to address the Council on this letter. Action: To receive and file. Motion Bobko, second Fishman. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Ira Ellman - Hermosa Beach, said he was disappointed in Council comments regarding the proposed microbrewery discussed at the July 13 Council meeting; City Council Minutes 7-27-10 Page 12976 Allison (no last name given) — representing Muscular Dystrophy Association, discussed the South Bay Lockup, an August 12 fundraiser at The Shore during which public officials are locked in "jails" and pay to be released; said for further information go to www.mda/org; Dency Nelson — Hermosa Beach, thanked the Council for their green efforts, particularly for providing electric vehicle charging stations; provided two signs — one for the existing City Hall charging station and another for the proposed site on Upper Pier Avenue; Christian Burke — Hermosa Beach resident and father of a sixth grade daughter in Hermosa schools, described his efforts to set a Guinness record for running Pier to Pier (Hermosa/Manhattan) for a full 24 hours on September 5 to raise funds for the Hermosa Beach schools; said to participate or contribute, so to www.hermosa24.com; Christopher Markakis — asked for consent calendar item 2j to be removed for separate discussion and urged the Council to consider waiving all fees associated with photovoltaic installations; and George Barks — thanked the City Council for support of the Loreto, Mexico, Sister City program; said three volunteers would be selected to be honored; and mentioned upcoming fundraisers, one October 3, 2010. 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 (e), (i) and (j) Tucker. 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 June 22, 2010; and 2) Minutes of the Regular meeting held on July 13, 2010. Action: To approve, as presented, City Council minutes of the Regular meeting of June 22, 2010, and the Regular meeting of July 13, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 60172 THROUGH 60319 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 59538, 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. City Council Minutes 7-27-10 Page 12977 • (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. • Action: To receive and file the June 2010 financial reports: (e) RECOMMENDATION TO ACCEPT DONATIONS OF $100 FROM DAISY FOSTER TO BE USED FOR THE SENIOR ACTIVITY CENTER AND $170 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated July 19, 2010. (f) This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $100 from Daisy Foster to be used for the Senior Activity Center; and - $170 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Motion Tucker, second Fishman. The motion carried by a unanimous vote RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated July 19, 2010. Claimant: Zimmerman, Linda Date of Loss: 03-08-10 Date Filed: 03-25-10 Allegation: Personal Injury Claimant: Miller, Susan Date of Loss: 05-20-10 Date Filed: 07-14-10 Allegation: Personal Injury Action: To deny the claims and refer them to the City's Liability Claims Administrator. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JUNE 16, 2010. • Action: To receive and file the action minutes of the Public Works Commission meeting of June 16, 2010. City Council Minutes 7-27-10 Page 12978 • (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated July 19, 2010. (i) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of June 30, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 2010. Supplemental letter from Howard Longacre received on July 26, 2010. This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting, with questions about agenda item No. 10 (a) in the minutes, regarding property at 844 Hermosa Avenue. Community Development Director Robertson responded to Council questions. Action: To receive and file the action minutes of the Planning Commission meeting of July 20, 2010. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT A RESOLUTION AMENDING THE MASTER FEE RESOLUTION BY ADOPTING A FLAT FEE OF $414 FOR PHOTOVOLTAIC SOLAR PERMITS. Memorandum from Community Development Director Ken Robertson dated July 20, 2010. This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting. 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 — Hermosa Beach, spoke in support of waiving all fees associated with these installations. Action: To waive all permit costs associated with a photovoltaic installation, including electrical permit fees, except for charge building permit fees if the structure needs to be upgraded to accommodate the installation; and review this decision in one year. Motion Duclos, second Tucker. The motion carried by a unanimous vote. (k) RECOMMENDATION TO ACCEPT THE WORK BY ZONDIROS • CORPORATION, INC. FOR CIP PROJECT NO. 08-425 SEWER IMPROVEMENTS — PALM DRIVE, AVIATION BOULEVARD, AND PIER City Council Minutes 7-27-10 Page 12979 • (I) AVENUE; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ZONDIROS CORPORATION (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated July 20, 2010. Action: To approve the staff recommendation to: (1) Accept the work by Zondiros Corporation, Inc. for CIP Project No. 08- 425 Sewer Improvements — Palm Drive, Aviation Boulevard, and Pier Avenue; (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). RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JUNE 7, 2010. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of June 7, 2010. 3. CONSENT ORDINANCES - None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • Items 2(e). (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 10:13 p.m., the order of the agenda went to item 6(d). 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, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. City Council Minutes 7-27-10 Page 12980 The public hearing opened at 7:49 p.m. As no one came forward to address the • Council on this item, the public hearing closed at 7:49 p.m. • Action: To approve the staff recommendation to adopt Resolution No. 10- 6713, 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 Bobko, second Tucker. The motion carried by a unanimous vote. 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 $18,939.57 FROM PROPOSITION A FUNDS. Memorandum from City Manager Stephen Burrell dated July 20, 2010. City Manager Burrell presented the staff report recommending a one-year agreement rather than the proposed two-year agreement proposed. Coming forward to address the Council on this item were: Gwen Parker — Director of Harbor, Business and Transit for the City of Redondo Beach, responded to Council questions. Joyce Rooney, Transit Manager for the City of Redondo Beach, also responded to Council questions. Dency Nelson — Hermosa Beach, spoke about the unreliable schedule and lack of publicity of Route 109. Action: To approve the staff recommendation to: (1) Approve participation for the 2010-11 fiscal year along with the other cities and direct the Mayor to sign the one-year agreement on behalf of the City; and (2) Approve expenditure of $18.939.57 for the 2010-11 Fiscal Year from Proposition A funds. Motion Fishman, second Tucker. The motion carried by a unanimous vote. b. REVIEW OF OPTIONS FOR AMENDING PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated July 20, 2010. City Council Minutes 7-27-10 Page 12981 • • • Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell, Finance Director Copeland and Police Chief Savelli also responded to Council questions Action: To direct staff to bring back a report offering alternatives for Council consideration regarding City locations and time limits allowed for parking oversized vehicles and other issues related to these larger vehicles, with input from Chief Savelli. Motion Bobko, second Duclos. The motion carried by a unanimous vote. Proposed Action: To not issue parking permits to vehicles with out-of-state license plates. Motion Bobko. The motion was withdrawn by the maker and direction given to staff to come back with a report providing more information on this issue, including consideration of categories of vehicle owners such as students or military personnel. Action: To determine the cost for staff to measure a driveway and issue a driveway permit for a one-time, not annual, fee for driveway permits. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Proposed Action: To charge $10 for a daily pass for a period of 8:00 a.m. to 5:00 p.m. Motion Bobko. The motion was tabled by the maker until issues regarding the resident parking passes are decided. Proposed Action: To direct staff to inquire with a parking consultant to develop a scope of work to provide to the City the value of a parking space. Motion Bobko, second Fishman. The motion was replaced by a substitute motion. Proposed Substitute Action: To set the following rates for parking passes: (1) For impacted zone residents, $60 per pass for up to two vehicles; (2) For a guest pass, $60; (3) For a third resident pass, $80; (4) For afourth resident pass, $100; (5) For each additional resident pass, increase price by $20; and (6) Increase rates annually, using the CPI as a guide. Motion Tucker, second Mayor DiVirgilio. The motioned failed, noting the dissenting votes of Bobko, Duclos and Fishman. The previous motion was then considered again. Further Action: To direct staff to inquire with a parking consultant to develop a scope of work to provide to the City the value of a parking space. Motion Bobko, second Fishman. The motion carried, noting the dissenting votes of Tucker and Mayor DiVirgilio. City Council Minutes 7-27-10 Page 12982 • City Manager Burrell said he would report back on the consultant cost and scope of work, noting that the value of event and daily passes would be analyzed also. Regarding the 194 employee parking passes, he said he would report back with the names of the businesses and how many permits have been issued to each business. Final Action: To direct staff to agendize a discussion for the Council to consider prohibiting businesses which have required onsite parking from obtaining employee parking permits. Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote. The meeting recessed at 9:33 p.m. The meeting reconvened at 9:42 p.m. c. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO PROVIDE A DIFFERENT LEVEL OF BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (HIRED AFTER THE EFFECTIVE DATE OF THE AMENDMENT) PURSUANT TO PUBLIC EMPLOYEE RETIREMENT LAW SECTION 20475 AND INTRODUCTION OF AN ORDINANCE AUTHORIZING AMENDMENT OF THE CALPERS CONTRACT. Memorandum from Finance Director Viki Copeland dated July 20, 2010. Finance Director Copeland presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: George Barks — Hermosa Beach, thanked the Council for establishing two- tier benefits which would save the City a lot of money in years to come. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 10-6712, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE AN AMENDMENT TO CONTRACT BEWTWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF HER MOSA BEACH, CALIFORNIA"; (2) Introduce Ordinance No. 10-1309, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM"; City Council Minutes 7-27-10 Page 12983 • • (3) Authorize the City Clerk to sign the "Certification of Governing Body's Action"; (4) Authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 20475; and authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 7507; and (5) Authorize the Mayor to sign the "Certification of Compliance with Government Code Section 7507. Motion Tucker, second Fishman. The motion carried by a unanimous vote. At 9:45 p.m., the order of the agenda went to item 7(a). d. CIP NO. 11-101 PROTECTIVE BOLLARDS AT PIER PLAZA - AWARD DESIGN CONTRACT. Memorandum from Public Works Director Richard Morgan dated July 21, 2010. Supplemental letter from Howard Longacre received on July 26, 2010. Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell responded to Council questions also. Action: To approve the staff recommendation to: (1) Authorize the Director of Public Works to execute an agreement with Adrian Gaus Architects in the amount of $7,250 to prepare plans, specifications, and estimate for protective bollards at Pier Plaza; (2) Authorize the transfer of $7,975 from CIP 08-127 (001-8127-4201) to CIP No. 11-101 Protective Bollards at Pier Plaza to cover the cost of the design contract; and (3) Authorize the Director of Public Works to make changes as necessary within the approved budget; with further direction to replace the funds transferrea from CIP 08-127 (001-8127-4201) to CIP No. 11-101 from the General Fund as soon as possible. Motion Duclos, second Tucker. The motion carried by a unanimous vote. e. DISCUSSION OF "OTHER MATTERS" AGENDA ITEM. Memorandum from City Manager Stephen Burrell dated July 20, 2010. City Manager Burrell presented the staff report and responded to Council questions. Proposed Action: To choose option #1 in the staff report, which is to allow both full Council discussion of the item as well as public input before the Council decides if the subject would be agendized for a future Council meeting. Motion Fishman, second Duclos. The motion failed, noting the dissenting votes of Bobko, Tucker and Mayor DiVirgilio. City Council Minutes 7-27-10 Page 12984 • • • f. DISBAND PCH/AVIATION IMPROVEMENT COMMITTEE AND APPOINT AD HOC COMMITTEE TO RETURN WITH RECOMMENDATIONS ON MOVING FORWARD WITH PCH/AVIATION ENHANCEMENT PROGRAM. Memorandum from Councilmembers Fishman and Duclos dated July 23, 2010. City Manager Burrell announced that this item was removed from the agenda. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. DEDICATION OF EMERGENCY OPERATION CENTER (EOC), WEDNESDAY, AUGUST 11, 2010 AT 2:00 P.M. Memorandum from City Manager Stephen Burrell dated July 22, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council at this time was: Ken Hartley — Hermosa Beach, noted the EOC in the Community Center would be open until 7:00 p.m. that day for anyone who wanted to see it. Action: To approve a dedication ceremony for the Emergency Operations Center on Wednesday, August 11, 2010 at 2:00 p.m., as recommended by staff. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 9:57 p.m., the order of the agenda went to consent calendar item 2(j). b. WAIVE BANNER INSTALLATION FEE FOR THE "FIRST THURSDAY" MERCHANT PROGRAM. Memorandum from City Manager Stephen Burrell dated July 22, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To waive the banner installation fee for the "First Thursday" merchant program. Motion Tucker, second Bobko. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Duclos to consider amending the Municipal Code to enact a smoking ban on all outdoor dining City Council Minutes 7-27-10 Page 12985 • • • encroachments to be consistent with recent enacted bans, such as in the City of Los Angeles, which prohibit smoking within 10 feet of outdoor dining areas (Continued from meeting of July 13, 2010). Councilmember Duclos spoke to his request. Proposed Action: To agendize for further discussion. Motion Duclos. The motion failed, receiving the support of Councilmember Fishman only. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, July 27, 2010, at the hour of 11:01 p.m. to a Regular meeting to be held on August 10, 2010 at 6:00 p.m. City Council Minutes puty City Clerk 7-27-10 Page 12986 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, August 10, 2010, at the hour of 6:07 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: a) Approval of minutes of Closed Session meeting held on July 13, 2010; and, b) Approval of minutes of Closed Session meeting held on July 27, 2010 3. 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 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 5. 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. City Council Minutes 8-10-10 Page 12987 • 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: 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, August 10, 2010, at the hour of 6:08 p.m., to a closed session. RECONVENE TO OPEN SESSION - At the hour of 6:56 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:04 p.m. PLEDGE OF ALLEGIANCE - Chuck Sheldon ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT - City Attorney Jenkins said there were no public comments, and two items which arose after the agenda was posted were added to the agenda by unanimous Council vote: (1) a pending litigation case filed by three Hermosa police officers (Bohacik, Kansaku and Sellan) concerning disciplinary matters; said the City filed a motion for summary judgment to dismiss and prevailed in the Kansaku matter completely and in all but one cause of action in the other two; and (2) a new lawsuit filed by the Police Officers and Firefighters associations seeking to restrain the City Council from going forward with a two-tier plan reducing benefits for future (not current) employees which, if adopted, would take effect November 1; said the judge continued the matter to Thursday morning, August 12. Also discussed were the items listed on the closed session agenda, including negotiations with employees' labor unions, a lawsuit from Police Officer Lewitt, and a real property matter concerning a lease of two bridges crossing public property at 51 Pier Avenue (Loreto Plaza), noting that no reportable actions were taken. ANNOUNCEMENTS - Councilmember Duclos said August 12 was the 93rd birthday of Hermosa -born, world -renown surf photographer Leroy Grannis and listed the achievements and honors bestowed upon him; said Rajin Cajun's Steve Dominigue was participating in the Great Food Truck Race on the Food Network and thanked Daily Breeze reporter Doug Marino for the article about Steve and his restaurant. Councilmember Bobko praised resident Christian Burke who will run for 24 hours on Labor Day weekend from the Hermosa pier to the Manhattan pier to raise money for Hermosa schools - to participate or sponsor, go to www.hermosa24.com; noted that applications were being taken for the Business License Tax Review Committee; and said since taxpayer money would be spent defending the lawsuit filed by the Police City Council Minutes 8-10-10 Page 12988 Officers and Firefighters associations protesting the two-tier reduced benefit plan • approved by the Council, it was the taxpayers who were actually being sued. Councilmember Fishman announced a More to Life Foundation fundraiser at 7:30 p.m., Thursday, August 12, at Sangria; said he had been recruited to take part in the bachelor/bachelorette auction to help raise money for this good cause. Mayor pro tem Tucker said the next Council meeting would be September 14 since there is only one meeting in August; echoed Councilmember Bobko's sentiments about the two-tier benefit plan to reduce staff costs and preserve resident services; thanked Jed and Alan Sanford of Saint Rocke for sponsoring the Summer Beach Concerts to be held August 22, 29 and September 12, 25; noted the Labor Day weekend's Fiesta Hermosa; encouraged residents to shop Hermosa, particularly Upper Pier businesses during construction. Mayor DiVirgilio said Mayor pro tem Tucker would become the new mayor at the September 14 meeting; expressed frustration with the safety personnel associations' lawsuit, saying the two-tier benefits changes did not apply to current employees and there had been no dissenting public input at any of the public meetings when the issue was discussed; expressed appreciation to the Sanfords of Saint Rocke for handling the Summer Beach Concerts, which would otherwise have been canceled. PRESENTATIONS PRESENTATION BY LEADERSHIP HERMOSA OF THEIR FIRST ANNUAL EMERGING LEADER AWARD Ryan Nowicki, Chair, Leadership Hermosa, described the origins and growth of Leadership Hermosa, how residents could get more information and participate, introduced other members and the first recipient of the Emerging Leader Award, Ken Hartley, describing his achievements. PUBLIC PARTICIPATION 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications received prior to the posting of the agenda and one SUPPLEMENTAL written communication received on August 9. a) SUPPLEMENTAL letter from Howard Longacre dated August 7, 2010, regarding Pier Avenue plaque. Action: To receive and file the letter. Motion Tucker, second Bobko. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: City Council Minutes 8-10-10 Page 12989 • Judy Garland — Hermosa Beach, expressed fear over recent gunshots in her neighborhood; opposed the business taking the place of Rajin Cajun; Steve Dominique — Rajin Cajun, expressed his dream come true of being on the Food Truck Race on the Food Network beginning Sunday, August 15, at 7 p.m. Al Templin — Hermosa Beach, opposed the municipal code section which prohibited him from flying his model airplane on the beach, passed around to the Council a sample of the lightweight plane; At the Council's request Chief Savelli provided information on the gunshots in the community, gave details of the call, and stated that no one had been injured. 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 (g) Fishman. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 27, 2010. Action: To approve, as presented, minutes of the Regular meeting of the • City Council held on July 27, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 60320 THROUGH 60493. 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 the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO ADOPT A RESOLUTION OPPOSING PROPOSITION 23 WHICH IS FORMALLY KNOWN AS THE CALIFORNIA JOBS INITIATIVE TO SUSPEND AB32 WHICH, IF PASSED, SUSPENDS AB32'S AIR POLLUTION AND HEALTH REGULATIONS UNTIL THE CALIFORNIA ECONOMY REACHES AN UNEMPLOYMENT RATE OF 5.5% OR LESS FOR ONE YEAR. Memorandum from City Manager Stephen Burrell dated August 4, 2010. Action: To approve the staff recommendation to adopt Resolution No. 10- 6714, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY City Council Minutes 8-10-10 Page 12990 OF HERMOSA BEACH, CALIFORNIA, IN OPPOSITION TO THE DIRTY • ENERGY PROPOSITION." • (e) RECOMMENDATION TO APPROVE THE PROPOSAL FROM REVENUE & COST SPECIALISTS, LLC (RCS) FOR A USER FEE STUDY AND COST ALLOCATION PLAN AT A COST OF $28,000. Memorandum from Finance Director Viki Copeland dated August 4, 2010. (f) (g) Action: To approve the proposal from Revenue & Cost Specialists, LLC (RCS) for a user fee study and cost allocation plan at a cost of $28,000, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN THE MOU BETWEEN THE CITY OF HERMOSA BEACH AND THE COUNTY OF LOS ANGELES TO PARTICIPATE IN THE IMAGERY ACQUISITION CONSORTIUM PROGRAM AND APPROPRIATE $15,360.00 FROM THE COPS FUND TO PAY FOR THE PARTICIPATION. Memorandum from Police Chief Greg Savelli. Action: To authorize the City Manager to sign the MOU between the City of Hermosa Beach and the County of Los Angeles to participate in the Imagery Acquisition Consortium Program and appropriate $15,360.00 from the COPS fund to pay for the participation, as recommended by staff. RECOMMENDATION TO APPROVE AGREEMENT WITH THE CITY OF TORRANCE TO EXCHANGE PROPOSITION A TRANSPORTATION FUNDS IN THE AMOUNT OF $800,000 FOR UNRESTRICTED FUNDS OF $544,000. THE EXCHANGE RATE IS $.68 CENTS ON THE DOLLAR. Memorandum from Finance Director Viki Copeland dated August 2, 2010. This item was removed from the consent calendar by Councilmember Fishman for separate discussion later in the meeting. City Manager Burrell and Finance Director Copeland responded to Council questions. Action: To approve an agreement with the City of Torrance for the exchange Proposition A Transportation Funds in the amount of $800,000 for unrestricted funds of $544,000, with an exchange rate of $.68 cents on the dollar, as recommended by staff. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote of Fishman. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 8-10-10 Page 12991 • 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 - None 6. MUNICIPAL MATTERS a. MURAL PROJECT REQUEST FROM HERMOSA BEACH MURAL PROJECT TO THE NORTH WALL OF THE PARKING STRUCTURE FOR INSTALLATION OF MURAL. Memorandum from City Manager Stephen Burrell dated August 4, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Chuck Sheldon — Hermosa Beach, representing the mural project, introduced other board members present, described how the mural location was chosen, said the entire project was privately funded; said the artist Art Mortimer has been a well-known mural painter in Southern California for the last 20 years. Action: To approve the staff recommendation to grant permission to the Hermosa Beach Mural Project to install a mural on the parking structure's north wall; and direct City Manager to sign Planning Commission application for the project. Motion Tucker, second Bobko. The motion carried by a unanimous vote. b. SURF LEGENDS MEMORIAL BECOMING A REALITY. Memorandum from Public Works Director Richard Morgan dated August 3, 2010. 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: Ryan Nowicki — Chair, Leadership Hermosa, thanked Director Morgan for continuing to pursue the project and the Leadership Hermosa Class of 2008 for their fundraiser; asked why the statue had been scaled down to no longer include the water feature; Sandi Pfister — Board of Directors, Leadership Hermosa, expressed concerns about some of the conditions of the largest contributor; and Dorothy Forba Hartley — Leadership Hermosa Class of 2008, said she had enjoyed working with Director Morgan and raising funds for the statue. City Council Minutes 8-10-10 Page 12992 • • Action: To receive and file status report and direct staff to return with further details Motion Tucker, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 8:50 p.m. The meeting reconvened at 9:00 p.m. c. APPLICATION FOR GRANT FUNDS TO PREPARE SUSTAINABILITY/ CLIMATE ACTION PLAN PROGRAM UNDER THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM. Memorandum from Community Development Director Ken Robertson dated August 10, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 10- 6715, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006." Motion Duclos, second Fishman. The motion carried by a unanimous vote. d. USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS EXCHANGED FOR GENERAL FUNDS. Memorandum from City Manager Stephen Burrell dated August 5, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the use of the funds exchanged in the amount of $45,100 for the Community Center maintenance and improvement projects, as recommended by staff. Motion Tucker, second Bobko. The motion carried, noting the dissenting votes of Duclos and Fishman. City Manager Burrell said he would verify that the roof of the Community Center was structurally sound enough to handle the solar panels. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. NEW MULTI -SPACE PAY POINT METER. Memorandum from City Manager Stephen Burrell dated August 5, 2010. City Council Minutes 8-10-10 Page 12993 City Manager Burrell presented the staff report and responded to Council 4111 questions. Two representatives from the Duncan Company performed a demonstration on one of the meters and responded to Council questions. Action: To receive this as an informational item. Motion Bobko, second Fishman. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS — UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated August 3, 2010. City Clerk Doerfling presented the staff report. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for two Public Works Commission terms that will expire October 31, 2010, with appointments to be made at the regular City Council meeting of October 26, 2010. Motion Bobko, second Fishman. The motion carried by a unanimous vote. • 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko to direct staff to develop a commemorative plaque for the Upper Pier Avenue project that would include City Council, committee members, architect, contractor, etc. and return at the meeting of September 14, 2010. Councilmember Bobko spoke to his request. Action: To direct staff to report back on alternatives, possible locations, and costs. Motion Bobko, second Tucker. There were no objections. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, August 10, 2010, at the hour of 9:45 p.m. to a Regular meeting to be held on September 14, 2010, at 6:00 p.m. cil Minutes uty City Clerk 8-10-10 Page 12994 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 14, 2010, at the hour of 6:00 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 August 10, 2010. 3. 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 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 5. 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) City Council Minutes 9-14-10 Page 12995 • a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Lewitt v. City of Hermosa Beach Case Number: CV09-2543CAS c. Name of Case: Hermosa Beach Police Officers Association and Hermosa Beach Firefighters Association v. City of Hermosa Beach Case Number: YC 062967 d. Name of Case: Sellan, Kansaku and Bohacik v. City of Hermosa Beach Case Number: YC 059310 e. 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, September 14, 2010, at the hour of 6:00 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 at 7:02 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments and no items added to the agenda; said agenda items discussed were labor negotiations with employee groups, a proposed settlement for the Sellan, Kansaku & Bohacik suit against the City, litigation from the Police and Fire Associations regarding the two-tier benefits system, the Macpherson oil case, and a ruling against the City from the Ninth Circuit Court regarding the City's ban on tattoo parlors. He said there were no reportable actions and because there was still more discussion required regarding some agenda items, the public meeting would adjourn to a continued Closed Session and if there were reportable items, this information would be provided at the beginning of the next regular City Council meeting. PRESENTATIONS CERTIFICATE OF RECOGNITION PRESENTED TO CHRISTIAN BURKE OF THE HERMOSA 24 City Council Minutes 9-14-10 Page 12996 • • Hermosa Beach resident and school parent Christian Burke reported on his 24-hour run between the Hermosa and Manhattan Beach piers on Labor Day weekend, raising $15,000 for Hermosa Beach schools; thanked contributors and participants, the news media, and friends and neighbors who supported his efforts; said he would present to the City the Guinness certificate for breaking the world record. Mayor DiVirgilio presented Mr. Burke with a Certificate of Appreciation from the City, praising him for his positive leadership and coming forward to assist the schools. Councilmember Bobko testified to the difficulty of the run, noting how challenging it was for him to run one lap on the beach; said Hermosa was lucky to have citizens like Christian Burke who find a way to make things work even in difficult times. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from City Clerk Elaine Doerfling dated September 1, 2010. A. Designate Mayor for a term ending June 28, 2011. Action: To appoint Mayor pro tem Tucker to be Mayor for a term ending June 28, 2011. Motion Mayor DiVirgilio, second Bobko. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending June 28, 2011. Action: To appoint Councilmember Fishman to be Mayor Pro Tempore for a term ending June 28, 2011. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Tucker to the Los Angeles County City Selection Committee; to appoint Mayor Tucker to be the delegate and Mayor pro tern Fishman as the alternate to the Los Angeles County Sanitation District Board of Directors; and postpone further Council committee appointments to the next Council meeting on September 28, 2010. Motion Bobko, second Mayor pro tern Fishman. The motion carried by a unanimous vote. OUTGOING COMMENTS BY MAYOR DIVIRGILIO — Outgoing Mayor DiVirgilio said meeting and working with the people in the community had been a rewarding experience. He thanked the City Manager and his assistant for being available at all hours to help him with his mayoral duties, the City Attorney for helping him run the Council meetings, and his wife for taking on all household chores, allowing him to be out in the community. He spoke with pride of the work done by this Council, especially with the budget and the Macpherson Oil case, as well as their efforts to attain a more sustainable environment, noting he would continue to be active in those environmental efforts. City Council Minutes 9-14-10 Page 12997 • • PRESENTATION OF PLAQUE TO OUTGOING MAYOR BY MAYOR TUCKER — Mayor Tucker presented a plaque to outgoing Mayor DiVirgilio and thanked him for his courageous leadership during difficult times; said although some Council decisions were unpopular, the City has managed to maintain a solid financial base with no layoffs or pay reductions and to continue resident services at the high level of expectation; spoke with pride of the City's environmental efforts and said he planned to ask for Council consensus to create a Carbon Neutral Sub -Committee. INCOMING COMMENTS BY MAYOR TUCKER — Mayor Tucker thanked his wife, whose support allows him to do all that is needed for the City, and his two sons, who encouraged his community involvement back in Little League days. He said he was proud of the goal to run the City like a business, maintaining both financial stability and the same level of services. He said the new Business License Tax Review Committee would prepare for voters in November a fair program to improve the one that has been in place to 20 years. He said the City had a great defense team for the Macpherson Oil case and was confident that the City would prevail. He thanked commission, board and committee members for their volunteerism and employees for finding ways to make the City run with less money. He thanked everyone for putting up with the soon -to -be -completed Upper Pier Avenue project and felt both business and property owners would find the improvements make business more profitable and provide extra tax revenue to the City. He spoke of upcoming projects, including street paving, three new beach restrooms, and park renovations. COMMENTS FROM COUNCILMEMBERS Mayor pro tem Fishman thanked outgoing Mayor DiVirgilio for his leadership during his first 10 months on the Council, noting he was particularly inspired by the City's environmental efforts; said he looked forward to working with Mayor Tucker on the goals to be achieved in these challenging times. Councilmember Duclos said he too was proud of the City's environmental goals which had been so important to outgoing Mayor DiVirgilio and incoming Mayor Tucker as well; said the City was fortunate to have such excellent leadership. Councilmember Bobko praised outgoing Mayor DiVirgilio for excellent organization and preparation and always taking his job seriously, with a firm but gentle hand; said he looked forward to working with Mayor Tucker, who is coming into leadership in this challenging time with more experience than any other seated Councilmember. Councilmember DiVirgilio said Mayor Tucker would bring historical perspective both as the senior member of the Council and as a 30 -year Hermosa Beach resident, which is also a benefit to leadership. He said he also appreciated Mayor Tucker's sense of humor to lessen stress, especially during tense discussions. • The meeting recessed at 7:44 p.m. The meeting reconvened at 7:53 p.m. City Council Minutes 9-14-10 Page 12998 • ANNOUNCEMENTS — Councilmember Duclos congratulated Adam Buckley, with Hermosa Beach roots, who recently won the 35th Annual Catalina Paddling Classic. He said September is National Alcohol and Drug Addiction Recovery Month and saluted those battling these problems and those who supported them in their efforts. He said more information could be obtained at http://www.recoverymonth.gov. • • Mayor pro tem Fishman said the final concert on the beach would be a Johnny Cash tribute on Sunday, September 26, and thanked Alan and Jed Sanford of Saint Rocke for stepping forward to fund and manage these concerts. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time was: George Barks — Redondo Beach resident and Hermosa Beach commercial property owner, thanked outgoing Mayor DiVirgilio and the City Council and staff for working hard for the City; announced the Hermosa Beach Sister City Association's bi-annual auction, primarily to raise money for the student exchange and paramedic training program, on Sunday, October 3, at 1800 The Strand from 1-3 pm at $10 per entry ticket. 2. CONSENT CALENDAR: City Manager Burrell requested that item 2(h) be rolled to the next meeting. Action: To roll item 2(h) to the meeting of September 28, 2010, as requested by staff. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. Action: To approve the consent calendar recommendations (a) through (q) with the exception of item 2(h), which was removed from this agenda and rolled to the next meeting, and the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2 (e) Duclos Motion Bobko, second Mayor pro tern Fishman. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 10, 2010. Action: To approve the minutes, as presented, of the Regular meeting of the City Council held on August 10, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 60494 THROUGH 60852. City Council Minutes 9-14-10 Page 12999 • 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 the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the July 2010 financial reports: (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 17, 2010. This item was removed from the consent calendar by Councilmember Duclos • for separate discussion later in the meeting. (f) (g) Action: To schedule a public hearing for review and reconsideration of Item 7 of the Planning Commission minutes, an approved CUP amendment for Hot's Kitchen at 844 Hermosa Avenue. Motion Duclos, supported by Mayor Tucker. Further Action: To receive and file the action minutes of the Planning Commission meeting of August 17, 2010. Motion Duclos, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated August 17, 2010. Action: To receive and file Status Report of capital improvement projects that are either under design or construction as of July 31, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF AUGUST 18, 2010. • Action: To receive and file the action minutes of the Public Works Commission meeting of August 18, 2010. City Council Minutes 9-14-10 Page 13000 • • (h) RECOMMENDATION TO APPROVE THE RENEWAL OF THE LEASE OF AIRSPACE BETWEEN THE CITY OF HERMOSA BEACH AND PIERSIDE PROPERTIES, LLC (THE TENANT) FOR PROPERTY LOCATED AT 51 PIER AVENUE AND REFERRED TO AS LORETO PLAZA COMMENCING OCTOBER 1, 2010 THROUGH DECEMBER 31, 2014 UNLESS EXTENDED AS PROVIDED FOR IN THE LEASE FOR AN ADDITIONAL FIVE (5) YEAR TERM AND AUTHORIZE MAYOR TO EXECUTE AGREEMENT. Memorandum from City Manager Stephen Burrell dated September 2, 2010. (i) This item was removed from the agenda and rolled to the meeting of September 28, 2010, at the request of the City Manager (see earlier motion at the start of Consent Calendar items). RECOMMENDATION TO ACCEPT DONATIONS OF $100.00 FROM TRUDE ESCHBACH TO BE USED FOR THE PURCHASE OF MISCELLANEOUS FIRE EQUIPMENT; $1,930.00 FROM THE HERMOSA BEACH HISTORICAL SOCIETY TO BE USED FOR THE SURFERS' WALK OF FAME OPERATING EXPENSES; AND $290.00 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated September 2, 2010. Action: To accept the following donations: $100.00 from Trude Eschbach to be used for the purchase of miscellaneous fire equipment; $1,930.00 from the Hermosa Beach Historical Society to be used for the Surfers' Walk of Fame operating expenses; and $290.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. (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 2, 2010. Claimant: Rasmussen, Robert Date of Loss: 07-07-10 Date Filed: 07-27-10 Allegation: Loss of property Action: To deny the claim and refer it to the City's Liability Claims Administrator. Ill (k) RECOMMENDATION TO ADOPT RESOLUTIONS REQUESTING CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO AUTHORIZE TWO REFERENDUMS ON THE QUESTION OF WHETHER CERTAIN SERVICE IN POLICE AND FIRE POSITIONS AND City Council Minutes 9-14-10 Page 13001 • • (I) (m) OTHER NON -SAFETY POSITIONS SHALL BE INCLUDED FOR MEDICARE COVERAGE. Memorandum from Finance Director Viki Copeland dated August 27, 2010. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 10-6716, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO AUTHORIZE A REFERENDUM ON THE QUESTION OF WHETHER CERTAIN SERVICE IN POLICE AND FIRE POSITIONS SHALL BE INCLUDED FOR MEDICARE COVERAGE."; and (2) Adopt Resolution No. 10-6717, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO AUTHORIZE A REFERENDUM ON THE QUESTION OF WHETHER CERTAIN SERVICE IN NON -SAFETY POSITIONS SHALL BE INCLUDED FOR MEDICARE COVERAGE." RECOMMENDATION TO APPROVE THE INSTALLATION OF AN 8 X 10 INCH BRONZE PLAQUE FOR THE DONATED STATUE IN THE GREENBELT NEAR HERONDO STREET IN RECOGNITION OF THE STATUE DONOR, STEVE HUNT FAMILY. Memorandum from Public Works Director Richard Morgan dated September 1, 2010. Action: To approve the installation of an 8 x 10 inch bronze plaque for the donated statue in the Greenbelt near Herondo Street in recognition of the statue donor, Steve Hunt Family, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF AUGUST 16, 2010. Action: To receive and file the action minutes of the Green Task Force meeting of August 16, 2010. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 3, 2010. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 3, 2010. (o) RECOMMENDATION TO ACCEPT THE WORK BY SULLY MILLER • CONTRACTING COMPANY FOR CIP PROJECT NO. 09-129 PIER AVENUE IMPROVEMENT PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE City Council Minutes 9-14-10 Page 13002 • • • (p) (q) PAYMENT TO SULLY MILLER CONTRACTING COMPANY (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated September 7, 2010. Action: To approve the staff recommendation to: (1) Accept the work by Sully Miller Contracting Company for CIP Project No. 09-129 Pier Avenue Improvement Project; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize Staff to release payment to Sully Miller Contracting Company (10% retained for 35 days following filing of Notice of Completion). RECOMMENDATION THAT THE CITY COUNCIL MAKE THE FINDING THAT IT IS IN THE INTEREST OF IMPROVING TRAFFIC SAFETY BY INSTALLING NEW STOP SIGNAGE ON SIXTH STREET AT CYPRESS AVENUE. Memorandum from Public Works Director Richard Morgan dated September2, 2010. Action: To make the finding that it is in the interest of improving traffic safety by installing new stop signage on Sixth Street at Cypress Avenue, as recommended by staff and the Public Works Commission. RECOMMENDATION TO AUTHORIZE AN AGREEMENT WITH CITATION MANAGEMENT, A DIVISION OF PROFESSIONAL ACCOUNT MANAGEMENT, LLC, A DUNCAN SOLUTIONS COMPANY (DUNCAN) TO PROVIDE A HOSTED PARKING CITATION AND PERMIT ISSUANCE SOFTWARE SYSTEM; PURCHASE OF REPLACEMENT HANDHELD PARKING CITATION WRITERS FROM DUNCAN PARKING TECHNOLOGIES; PURCHASE OF PAY BY SPACE METERS FOR LOT A, THE PARKING STRUCTURE AND THE PIER AVENUE IMPROVEMENT PROJECT FROM DUNCAN TECHNOLOGIES (DUNCAN); APPROPRIATION OF FUNDS. Memorandum from Finance Director Viki Copeland dated August 31, 2010. Action: To approve the staff recommendation to authorize: (1) An agreement with Duncan to provide a hosted software system for the processing of parking citations and parking permit issuance; (2) Purchase of eight (8) AutoCite replacement handheld citation writers; (3) Purchase of six (6) pay by space meters, three (3) for Lot A and three (3) for the Parking Structure; (4) Purchase eighteen (18) pay by space meters for the Pier Avenue Improvement Project; and (5) An appropriation of $267,787 from the Equipment Replacement Fund. 3. CONSENT ORDINANCES — None City Council Minutes 9-14-10 Page 13003 • At 8:01 p.m., the order of the agenda was moved to public hearing item 5(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(e) 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. TEXT AMENDMENT TO ALLOW LIMITED OUTDOOR SEATING BY RIGHT WITH NO PARKING WHEN LOCATED ON PRIVATE PROPERTY ACCESSORY TO SNACK SHOPS, RESTAURANTS, FOOD AND BEVERAGE MARKETS, SUPERMARKETS, BAKERIES AND SIMILAR ESTABLISHMENTS, AND ADOPTION OF A NEGATIVE DECLARATION; AND, AMENDMENT OF MASTER FEE RESOLUTION 90-5422 TO ESTABLISH AN ADMINISTRATIVE PERMIT FEE OF $86. Memorandum from Community Development Director Ken Robertson dated September 7, 2010. • Community Development Director Robertson presented the staff report and responded to Council questions. • The public hearing opened at 8:07 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:07 p.m. Action: To approve the staff recommendation to: (1) Waive full reading and introduce Ordinance No. 10-1310, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN THE C-1 ZONE AND ZONES THAT ALLOW C-3 ZONE USES."; and (2) Adopt Resolution No. 10-6718, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MASTER FEE RESOLUTION NO. 90-5422 REGARDING LIMITED OUTDOOR SEATING FEES." Motion Bobko, second Fishman. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. RESOLUTION REGARDING SOUTH BAY REGIONAL BICYCLE MASTER PLAN. Memorandum from City Manager Stephen Burrell dated September 9, 2010. City Council Minutes 9-14-10 Page 13004 • City Manager Burrell presented the staff report and responded to Council questions. • • Action: To approve the staff recommendation to: (1) Adopt Resolution No. 10-6719, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AUTHORIZING CITY STAFF TO WORK ON THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE SOUTH BAY REGIONAL BICYCLES MASTER PLAN."; and (2) Appoint Councilmember Duclos to serve on the Blue Ribbon Advisory Committee. Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote. b. BYLAWS — PROCEDURES AND OPERATIONS OF TEMPORARY ADVISORY COMMITTEES CREATED BY CITY COUNCIL. Memorandum from City Manager Stephen Burrell dated September 9, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Approve temporary advisory committee bylaws; temporary advisory committee code of conduct; and 2) Adopt Resolution No. 10-6720, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BYLAWS FOR TEMPORARY ADVISORY COMMITTEES." Motion Duclos, second Fishman. The motion carried by a unanimous vote. At 8:13 p.m., the order of the agenda was returned to item 4, consent calendar items removed for separate discussion. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS — BUSINESS LICENSE TAX REVIEW COMMITTEE APPLICANTS. Memorandum from City Clerk Elaine Doerfling dated September 7, 2010. City Clerk Doerfling presented the report and responded to Council questions. Action: To direct the City Clerk to re -advertise for additional applications and postpone appointments of three committee members to the Council meeting of October 26, 2010. City Council Minutes 9-14-10 Page 13005 • Motion Bobko, second Fishman. The motion carried by a unanimous vote. • • 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko to repeal the City Council car allowance. Councilmember Bobko spoke to his request. Action: To remove the Council car allowance. Motion Bobko, supported by DiVirgilio and Mayor Tucker. b. Request from Mayor Tucker to create a Carbon Neutral Sub -Committee. Mayor Tucker spoke to his request. Action: To establish a Carbon Neutral Sub -Committee to be added to the list of Council committees, with possibly a different name. Motion Mayor Tucker, supported by Bobko and Fishman. ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 14, 2010, at the hour of 8:20 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 8:25 p.m. At the hour of 8:45 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — Any decisions requiring a public announcement will be announced at the next regular Council Meeting on September 28, 2010. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of City employee Corleen Sue "Gorki" Rochlitz, on Tuesday, September 14, 2010, at the hour of 8:46 p.m. to the Regular Meeting of Tuesday, September 28, 2010. at 6:00 p.m. City Council Minutes puty City Clerk 9-14-10 Page 13006 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, September 28, 2010, at the hour of 6:02 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 September 14, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BCI72546 b. Name of Case: Hermosa Beach Police Officers Association and Hermosa Beach Firefighters Association v. City of Hermosa Beach Case Number: YC 062967 City Council Minutes 9-28-10 Page 13007 • c. Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 d. Name of Case: Corey W. Glave v. City of Hermosa Beach Case Number: YS019820 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 28, 2010, at the hour of 6:03 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 at 7:04 p.m. PLEDGE OF ALLEGIANCE — Public Works Director Rick Morgan ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said two items were added to the closed session agenda: (1) pertaining to the lease of real property owned by the City on Loreto Plaza; and (2) a lawsuit filed against the City by SeIlan, Bohacik, et al. He said no reportable actions were taken, and that the Council would reconvene the closed session at the end of the open meeting to continue discussions. ANNOUNCEMENTS — Councilmember Duclos announced a Sister City Association live -auction fundraiser on Saturday, October 3, from 1-4 p.m. at 1800 The Strand. Mayor pro tem Fishman thanked Gila Katz and the Kiwanis Builders Club from Valley School for the September 11 memorial bench installed on the Greenbelt and encouraged everyone to enjoy the bench and remember. Mayor Tucker thanked Saint Rocke for putting on the summer beach concerts and announced the dedication of the Upper Pier Avenue Project at 10 a.m. on Thursday, October 7, at Pier Avenue and Manhattan Avenue. PRESENTATIONS HERMOSA BEACH SISTER CITY ASSOCIATION INTERNATIONAL HUMANITARIAN AWARD PRESENTED TO PAUL HAWKINS MIKE GAROFANO KIM BRIDGES Deborah Wright DeMaderios and George Barks from the Sister City Association presented City proclamations and the Association's International Humanitarian City Council Minutes 9-28-10 Page 13008 • Awards to Paul Hawkins, Mike Garofano and Kim Bridges of the Hermosa Beach Fire Department, and praised them for providing advanced life support training to the Loreto Fire Department which contributed to saving lives in Loreto and the surrounding areas, noting that they had traveled twice a year to Loreto for the last 11 years on their own time. Mayor Tucker expressed his pride in these gentlemen and said they are part of what makes Hermosa Beach such a great place to live. Councilmember Duclos commented on his experience accompanying the Fire Department two years before on a National Night Out and complimented the City's safety personnel on their commitment and competence. Paulette Gucci, a 15 -year resident of Loreto, said the paramedic training provided by these three gentlemen over the last 11 years had made a world of difference to the people of Loreto. Paul Hawkins thanked Ms. Gucci for providing housing and meals in order for them to accomplish their goal. He added that their experience in Loreto was also very rewarding and educational for them and they had made lifelong friendships. PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Mario Alvarez — Hermosa Beach, played a DVD illustrating his discussions at previous Council meetings regarding problems caused by a business adjacent to his home, and distributed copies of City correspondence pertaining to the issues (Mayor Tucker said he and Community Development Director Robertson would come out to investigate); George Barks — Hermosa Beach Sister City Association, gave further details about the October 3 fundraiser at 1800 The Strand from 1-4 p.m.; offered his support for agenda items 9 (a), (b), and (c) and urged the Council to agendize them for further 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 (c) Fishman and (I) Duclos. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. • a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 14, 2010. City Council Minutes 9-28-10 Page 13009 • Action: To approve, as presented, minutes of the Regular meeting of the City Council held on September 14, 2010. • • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 60853 THROUGH 60962 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 50732 and 50852, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives This item was removed from the consent calendar by Mayor pro tem Fishman for separate discussion later in the meeting. City Manager Burrell responded to Council questions on the Council directive to postpone hiring a consultant for the downtown vision and strategic plan, stating that no action would be taken until the topic came back to the Council for further discussion. Mayor Tucker asked if the review and reconsideration of Hot's Kitchen's Conditional Use Permit could take place October 26 since he would not be present at the October 12 meeting. City Manager Burrell explained the legal time limits for conducting public hearings and said he would contact the applicant, but that the decision to postpone the hearing in order to have it considered by a full Council would have to be made by the applicant. Action: To receive and file the Tentative Future Agenda Items and the City Council Directives, and direct the City Manager to, as a matter of practice, always try to avoid scheduling public hearings for meetings where it is known in advance that there will not be a full Council. Motion Fishman, second Duclos. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the July 2010 financial reports. City Council Minutes 9-28-10 Page 13010 • • • (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 21, 2010. (f) (g) Action: To receive and file Status Report of capital improvement projects that are either under design or construction as of September 2010. RECOMMENDATION TO APPROVE THE BID SUBMITTED BY ADAMSON POLICE PRODUCTS TO PURCHASE BODY ARMOR FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli. Action: To approve the bid submitted by Adamson Police Products for the purchase of body armor for the Police Department, as recommended by staff. RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 2009-10 TO THE 2010-11 BUDGET; APPROVE REVENUE REVISIONS RELATED TO THE 2009-10 REAPPROPRIATIONS; AND APPROPRIATE ADDITIONAL FUNDS NEEDED FOR 2009-10. Memorandum from Finance Director Viki Copeland dated September 21, 2010. Action: To approve the staff recommendation to reappropriate funds from amounts listed in the staff report to the FY 2010-11 budget; approve revenue revisions related to the 2009-10 reappropriations; and appropriate additional funds needed for 2009-10. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JULY 19, 2010. (i) Action: To receive and file action minutes of the Emergency Preparedness Advisory Commission meeting of July 19, 2010. RECOMMENDATION TO PURCHASE TWO (2) NEW GO -4 THREE WHEELED UTILITY PARKING ENFORCEMENT VEHICLES FOR THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT; APPROPRIATE $26,047 INTO THE EQUIPMENT REPLACEMENT FUND; AND, APPROPRIATE AN ADDITIONAL $26,047 FROM THE COP ACCOUNT. Memorandum from Police Chief Greg Savelli dated September 9, 2010. Action: To approve the staff recommendation to: (1) Appropriate $26,047 into the Equipment Replacement Fund; (2) Appropriate an additional $26,047 from the COPS account; and (3) Authorize the purchase of two (2) new GO -4 Three Wheeled Utility Vehicles (GO -4's). City Council Minutes 9-28-10 Page 13011 • • (i) RECOMMENDATION TO APPROVE THE RENEWAL OF THE LEASE OF AIRSPACE BETWEEN THE CITY OF HERMOSA BEACH AND PIERSIDE PROPERTIES, LLC (THE TENANT) FOR PROPERTY LOCATED AT 51 PIER AVENUE AND REFERRED TO AS LORETO PLAZA COMMENCING OCTOBER 1, 2010 THROUGH DECEMBER 31, 2014 UNLESS EXTENDED AS PROVIDED FOR IN THE LEASE FOR AN ADDITIONAL FIVE (5) YEAR TERM AND AUTHORIZE MAYOR TO EXECUTE AGREEMENT. Memorandum from City Manager Stephen Burrell dated September 22, 2010. Action: To approve the renewal of the Lease of Airspace commencing October 1, 2010 through December 31, 2010, unless extended as provided for in the lease for an additional five (5) year term, and authorize the Mayor to execute the agreement, as recommended by staff. (k) RECOMMENDATION TO ACCEPT THE WORK BY PADILLA PAVING COMPANY FOR CIP PROJECT NO. 09-135 - EIGHTH STREET IMPROVEMENT PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO PADILLA PAVING COMPANY (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION. Memorandum from Public Works Director Richard Morgan dated September 22, 2010. (I) Action: To approve the staff recommendation to: (1) Accept the work by Padilla Paving Company for CIP Project No. 09- 135 - Eighth Street Improvement Project; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Padilla Paving Company (10% retained for 35 days following filing of Notice of Completion. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Manager Burrell and Community Development Director Robertson responded to Council questions about text amendment 10-6 in the Planning Commission minutes. With regard to Council's interest in M-1 Zone uses in general, he said staff would report back on what is involved, and the topic could then be agendized for a future Council meeting. Action: To receive and file the action minutes of the Planning Commission meeting of September 21, 2010. Motion Duclos, second Fishman. The motion carried by a unanimous vote. City Council Minutes 9-28-10 Page 13012 (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE GREEN TASK FORCE MEETING OF SEPTEMBER 13, 2010. • Action: To receive and file the action minutes of the Green Task Force meeting of September 13, 2010. 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1310 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN THE C-1 ZONE AND ZONES THAT ALLOW C-3 ZONE USES." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 22, 2010. Action: To waive full reading and adopt Ordinance No. 10-1310. Motion DiVirgilio, second Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c) 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 a. AN INTERIM ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, PROHIBITING THE ESTABLISHMENT OF TATTOO BUSINESSES AND DECLARING THE URGENCY THEREOF. Memorandum from Community Development Director Ken Robertson dated September 20, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To waive full reading and adopt Ordinance No. 10-1311U. Motion Fishman, second Duclos. The motion carried by the following vote: City Council Minutes 9-28-10 Page 13013 • • AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None At 7:57 p.m., the order of the agenda moved to item 6(c). b. 2001 SUMMER CONCERT SERIES. Memorandum from City Manager Stephen Burrell dated September 23, 2010. City Manager Burrell presented the staff report and responded to Council questions. The City Council expressed appreciation to Alan Sanford for handling the summer concerts on the beach and for allowing fundraising for the Hermosa Beach Arts Foundation at the last concert. Coming forward to address the Council at this time was: Alan Sanford — Saint Rocke, thanked the Council and the City Manager for the opportunity to serve and said he looked forward to handling the concerts again in the future. Action: To approve an agreement providing Allen Sanford of Saint Rocke a right of first refusal to produce the Summer Concert Series over the next five years provided that the City Council elects to hold the Concert Series, as recommended by staff. Motion DiVirgilio, second Fishman The motion carried by a unanimous vote. At 8:47 p.m., the order of the agenda moved to item 6(e). c. COMMUNITY CENTER GYM DONATION BY HERMOSA BEACH YOUTH BASKETBALL AND LEADERSHIP HERMOSA. Memorandum from City Manager Stephen Burrell dated September 22, 2010 City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council at this time was: Carol Russell — Hermosa Beach, explained that the Leadership Hermosa Class of 2009 had applied for grants and, with the help from the Los Angeles Lakers, a new floor made from some recycled materials was being installed; said the condition of the old floor probably precluded the old material being recycled but there was a slight possibility and, if so, a credit would be applied against the cost of the new floor. City Council Minutes 9-28-10 Page 13014 • • • Action: To accept the donation of a completely new gym floor for the Community Center Gym and direct the City Manager to work with the groups on the implementation of the gift, as recommended by staff. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. d. REVIEW OF OPTIONS FOR AMENDING PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated September 20, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, noting that: (1) staff was asking for direction on options that would be presented as a proposed program at a future noticed public hearing; and (2) staff was still researching with other cities the issue of oversized vehicles that use more than one parking space, which would come back as a separate item at a future meeting. Action: To not issue parking permits to any car with out-of-state registration unless the owner of the car is a student or in the military. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To charge a one-time fee of $54 for a driveway permit for a person to park in front of his/her driveway, with the understanding that the actual cost, including staffs cost to verify that the driveway width is adequate, will be calculated as part of the master fee study currently in progress. Motion Bobko, second Fishman. The motion carried by a unanimous vote. Proposed Action: To increase resident parking permit fees to $120 for the first and second permit, $240 for the third permit, $360 for each additional permit as well as the guest pass. Motion Bobko. The motion died for lack of a second. Proposed Action: To hire a consultant to conduct a summer review of parking and determine the economic value of parking spaces to provide the City with a baseline for setting residential permit fees Motion Fishman, second Duclos. The motion failed, noting the dissenting votes of Bobko, DiVirgilio and Mayor Tucker. Action: To increase resident parking permit fees to $100 for the first and second permit, $200 for the third permit, and $300 for each additional permit as well as the guest pass, and to make the purchase of day passes more accessible. Motion DiVirgilio, second Bobko. The motion passed, noting the dissenting votes of Duclos and Fishman. City Council Minutes 9-28-10 Page 13015 By Council consensus, staff was directed to report back on the scheduling of a public hearing for the item and to detail the proposed amendments to the Preferential Parking Program in a notice mailed to all current permits holders and well as the notice for the general public At 8:42 p.m., the order of the agenda went to item 6(b). e. AWARD CONTRACT FOR DESIGN/CONSTRUCTION OF SURF LEGENDS MEMORIAL. Memorandum from Public Works Director Richard Morgan dated September 21, 2010. 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: Ryan Nowicki — Leadership Hermosa president, thanked Director Morgan for his dedication to this project; noted discussion at a previous meeting about forming a committee to finalize details, comprised of a Council member, Director Morgan, the donor of the $50,000, a member of the surfing community, and a Leadership Hermosa representative; and Phil Roberts — sculptor, said this statue already had major interest from the Surfing Heritage Foundation and would gain worldwide attention. Action: To: (1) award a contract in the amount of $90,000, funded solely through donations, to artist Phil Roberts for design/construction of the Surf Legends Memorial; (2) to refer the matter to the Parks, Recreation and Community Resources Advisory Commission and the Hermosa Beach Arts Foundation for review and consideration of the monument's location, setting the Council meeting of October 26, 2010 as the deadline for reporting back to the Council with a recommendation; and (3) to form a Blue Ribbon Task Force to follow through on development details such as press releases and the dedication ceremony. Motion Fishman, second Bobko. The motion carried, noting the dissenting vote of DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SOLID WASTE FRANCHISE AGREEMENT — INITIATE PROCESS TO SECURE A NEW MULTI-YEAR SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT. Memorandum from City Manager Stephen Burrell dated September 22, 2010 City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: City Council Minutes 9-28-10 Page 13016 • • Sam Pena - Consolidated Disposal Service, said education in the schools encourages families to recycle; said recyclables from single family residences are clean but there are problems with multi -family sites; said it is possible to include the recommendations from the Green Task Force but there was a cost to adding them; and Lisa Ryder -Moore - Hermosa Beach Green Task Force, referred to the group's wish list and recommendations attached to the staff report; recommended going straight out to bid rather than using a consultant and negotiating with the current hauler; supported a contract that had an educational component and offered more services, including different rates for different quantities of trash. Action: To direct the City Manager to return with an agreement from a Solid Waste Consulting company, as recommended by staff. Motion Fishman, second DiVirgilio. 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 September 22, 2010. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the list of City Council committee assignments, as modified this evening to: (1) appoint Councilmembers DiVirgilio and Duclos as members of the temporary Carbon Neutral Subcommittee, which was established at the meeting September 14, 2010; and (2) add the temporary Pacific Coast Highway/Aviation Improvement subcommittee to the list, with already appointed Council representatives Fishman and Duclos. Motion Bobko, second Fishman. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko to allow businesses on Upper Pier Avenue to put tables and chairs on the sidewalk for dining and direct staff to develop a program and return for City Council discussion. Councilmember Bobko spoke to his request. City Manager Burrell responded to questions. Action: To agendize the item for further discussion and consideration. Motion Bobko, supported by DiVirgilio. Motion failed for lack of three votes of support. City Council Minutes 9-28-10 Page 13017 b. Request from Councilmember DiVirgilio to direct staff to return with a proposal to waive the cost of business licenses for all existing businesses facing or immediately adjacent to the upper Pier Ave construction zone. One proposal scenario would consist of waiving business license fees for up to 2 years or $500, whichever comes first. Councilmember DiVirgilio spoke to his request. Action: To agendize the item for further discussion and consideration. Motion DiVirgilio, supported by Bobko. Motion failed for lack of three votes of support c. Request from Councilmember Duclos to purchase 28 vertical banners for Upper Pier Avenue with financial and design assistance from Art Walk. Councilmember Duclos spoke to his request. City Manager Burrell responded to questions. Action: To direct staff to agendize and report back on a program allowing 20 more banners from non-profit organizations to add to the eight banners currently commissioned by the Hermosa Beach Art Walk to be installed on street light poles along Upper Pier Avenue, and a similar banner program for Pacific Coast Highway and Aviation. Motion Fishman, supported by Fishman and Mayor Tucker. ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 28, 2010, at the hour of 10:14 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 10:23 p.m. At the hour of 11:03 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — Any decisions requiring a public announcement will be announced at the next regular Council Meeting on October 12, 2010. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 28, 2010, at the hour of 11:04 p.m. to the Regular Meeting of Tuesday, October 12, 2010, at 6:00 p.m. City Clerk City • uncil Minut y City Clerk 7 9-28-10 Page 13018 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, October 12, 2010, at the hour of 6:03 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Mayor Pro Tem Fishman Absent: Mayor Tucker 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 September 14, 2010; and b. Closed Session meeting held on September 28, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BCI72546 b. Name of Case: Sellan, Kansaku and Bohacik v. City of Hermosa Beach Case Number: YC 059310 City Council Minutes 10-12-10 Page 13019 • • c. Name of Case: Johnny Anderson v. City of Hermosa Beach Case Number: CV06-5078 d. Name of Case: Corey W. Glave v. City of Hermosa Beach Case Number: YS019820 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 12, 2010, at the hour of 6:04 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 7:07 p.m. PLEDGE OF ALLEGIANCE — Councilmember Duclos ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Mayor Pro Tem Fishman Absent: Mayor Tucker CLOSED SESSION REPORT — City Attorney Jenkins said there had been one public comment at the meeting prior to the closed session; said the topics discussed were labor negotiations and two matters of litigation, the Sellan, Kansaku and Bohacik case and the Anderson case, with no reportable actions. ANNOUNCEMENTS — Councilmember Bobko announced the Woman's Club of Hermosa Beach annual pancake breakfast at the Clark Building on Sunday, October 17, from 8 a.m. to noon, with tickets at $8, two for $15, free for kids under two. Councilmember Duclos said, as the City's representative to the South Bay Bicycle Coalition, he participated in a group bike ride from Torrance to El Segundo; encouraged public input at the October 20 Public Works Commission meeting at which the City's master bike plan will be discussed; and announced the West Basin Water District's 12th Annual Water Harvest Festival, free to the public, on Saturday, October 16 at their facility at 1935 S. Hughes Way in El Segundo with details at www.westbasin.orq Mayor pro tern Fishman invited the community to a Hermosa Beach Education Foundation fundraiser — Bossa Nova Nights — at Sangria on Friday, November 12; said reservations may be made at www.hbef.orq. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS • There were two written communications this evening. City Council Minutes 10-12-10 Page 13020 • • (a) Letter from Harley Green, Founder, South Bay Open Carry requesting immediate action to repeal or modify Municipal Code 12.28.030-2, specifically the ban on carrying firearms in city parks and parkland. (b) Letter from Michelle Keegan requesting consideration of implementing GPS tracking for the Beach Cities Transit buses. Council direction to staff was to forward Ms. Keegan's letter to the Beach City Transit District before the October 14 summit meeting of the four cities who make up the district. Action: To receive and file the written communications. Motion DiVirgilio, second, Bobko. The motion carried, noting the absence of Mayor Tucker. Coming forward to address the Council at this time were: Kim MacMullan — Public Works Commissioner, said the bike sharrow lanes on Hermosa Avenue, Phase One of the City's Master Bike Plan, would be one of the topics discussed at the Public Works Commission meeting on Wednesday, October 20, at 7:00 p.m. in the City Council Chambers; said anyone unable to attend the meeting may submit input prior to the meeting at bikemasterplan(c�hermosabch.orq; Mario Alvarez — Hermosa Beach, showed an excerpt of a Planning Commission DVD with a discussion about problems he has with the business Ocean Tires adjacent to his house; Roger Bacon — Ralph's Shopping Center, thanked the Council for adopting an ordinance which allows outdoor seating at Skinny Minny's Frozen Yogurt Shop; said he was offended by Geoff Hirsch's donation to the Senior Center in his parents' names; urged the Council not to consider adding any more taxes to businesses in light of the poor economy; Ramon Pratt — representing the Agape International Choir, brought invitations for the City Council to their concert at the Redondo Beach Performing Arts Center on Friday, October 15, at 8 p.m.; and Tim Beck — Heal the Bay, proposed a European -style beach, for even tanning and for artists using live nude models, only during school hours. 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(d) Bobko and (e) City Manager Burrell at the request of a member of the audience. Motion Bobko, second DiVirgilio. The motion carried, noting the absence of Mayor Tucker. • a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 28, 2010. City Council Minutes 10-12-10 Page 13021 • Action: To approve, as presented, minutes of the Regular meeting of the City Council held on September 28, 2010. (Mayor Tucker absent) • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 60963 THROUGH 61078. Action: To ratify the check register as presented. (Mayor Tucker absent) (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 the City Council Directives. (Mayor Tucker absent) (d) RECOMMENDATION TO ACCEPT DONATIONS OF $75.00 FROM GEOFF HIRSCH IN MEMORY OF KATHY KEANE AND MARION AND LES BACON; AND $390.00 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated October 4, 2010. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $75.00 from Geoff Hirsch (in memory of Kathy Keane and Marion and Les Bacon) to be used for supplies for the Hermosa Beach Senior Activity Center; and - $390.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Motion Bobko, second DiVirgilio. The motion carried, noting the absence of Mayor Tucker. (e) RECOMMENDATION TO AWARD SWEEPING/CLEANING SERVICES CONTRACT TO ATHENS SERVICES FOR THE PERIOD BEGINNING NOVEMBER 1, 2010, AND ENDING JUNE 30, 2013, FOR A THREE-YEAR CONTRACT TOTAL OF $681,807.44; 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 CHANGES AS NECESSARY WITHIN THE BUDGETED AMOUNT. Memorandum from Public Works Department dated October 6, 2010. Supplemental email from Jere Costello received October 12, 2010. City Council Minutes 10-12-10 Page 13022 This item was removed from the consent calendar at the request of City • Manager Burrell for audience member Jere Costello. • • Coming forward to address the Council were: Jere Costello — Clean Street, asked that this item be continued to the next meeting of October 26, in order to be considered by a full Council; in response to a Council question, he said he was not prepared this evening to discuss his concerns about the winning bid; and Gary Clifford and Greg Huntington — Athens Services, said they were the lowest responsible bidder and were prepared to handle the transition from the previous vendor. (f) (g) Action: To continue to the next Council meeting on October 26, 2010. Motion Bobko, second Mayor pro tem Fishman. The motion carried, noting the dissenting vote of Duclos and the absence of Mayor Tucker. RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO PARTICIPATE IN THE GREAT CALIFORNIA SHAKEOUT ON OCTOBER 21, 2010 AND WORK TOWARD BECOMING A SAFER COMMUNITY. Memorandum from Police Chief Greg Savelli. Action: To approve the staff recommendation to adopt Resolution No. 10- 6721, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PARTICIPATE IN THE GREAT CALIFORNIA SHAKEOUT AND WORK TOWARD BECOMING A SAFER COMMUNITY." (Mayor Tucker absent) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS FOR THE PURCHASE OF POLICE EQUIPMENT TO BE USED BY THE POLICE DEPARTMENT TO EQUIP RESERVE POLICE OFFICERS IN THE AMOUNT OF $4.1,629.88. Memorandum from Police Chief Greg Savelli. Action: To authorize the appropriation of COPS funds for the purchase of police equipment to be used by the Police Department to equip reserve police officers in the amount of $41,629.88, as recommended by staff. (Mayor Tucker absent) (h) RECOMMENDATION TO INCORPORATE A NEW HOUSING PROGRAM, TO ALLOW HOUSING IN C-3, SPA -7 AND SPA -8 ZONES BY RIGHT (SUBJECT TO A PRECISE DEVELOPMENT PLAN) WITHOUT A COMMERCIAL LAND USE COMPONENT, PROVIDED THAT SUCH HOUSING IS 100% AFFORDABLE, INTO THE DRAFT HOUSING ELEMENT FOR RESUBMITTAL TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD). Memorandum from Community Development Director Ken Robertson dated October 6, 2010. City Council Minutes 10-12-10 Page 13023 • (i) (i) Action: To approve the staff recommendation to incorporate a new housing program, to allow housing in C-3, SPA -7 and SPA -8 zones by right (subject to a precise development plan) without a commercial land use component, provided that such housing is 100% affordable, into the draft Housing Element for resubmittal to the State Department of Housing and Community Development (HCD). (Mayor Tucker absent) RECOMMENDATION TO APPROVE AN APPROPRIATION OF $5,574.00 IN ACCOUNT NUMBER 146-8116-4201 TO COVER COSTS INCURRED IN THE DEVELOPMENT AND PRODUCTION OF PUBLIC INFORMATION MATERIALS FOR THE UPPER PIER AVENUE PROJECT (POSTERS, FLYERS, BANNERS, ETC.). Memorandum from City Manager Stephen Burrell dated October 7, 2010. Action: To approve an appropriation of $5,574.00 in account number 146-8116-4201 to cover costs incurred in the development and production of public information materials for the Upper Pier Avenue Project (posters, flyers, banners, etc.), as recommended by staff. (Mayor Tucker absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 16, 2010. Action: To receive and file the action minutes of the Public Works • Commission meeting of September 16, 2010. (Mayor Tucker absent) 3. CONSENT ORDINANCES - None At 7:37 p.m., the order of the agenda moved to public hearing item 5(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(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. At 8:07 p.m., the order of the agenda went to item 8(a). 5. PUBLIC HEARINGS (a) • REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION'S ADOPTION OF A RESOLUTION ON AUGUST 17, 2010 APPROVING CONDITIONAL USE PERMIT AMENDMENT WITH MODIFICATIONS AT 844 HERMOSA AVENUE (HOT'S KITCHEN). Memorandum from Community Development Director Ken Robertson dated October 4, 2010. City Council Minutes 10-12-10 Page 13024 Community Development Director Robertson presented the staff report and • responded to Council questions. The public hearing opened at 7:37 p.m. No one came forward to address the City Council. Action: To continue the public hearing to the next Council meeting of October 26, 2010, for consideration by a full Council. Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Mayor Tucker. (b) ZONING TEXT AMENDMENT TO MODIFY OR ADD PROVISIONS GOVERNING REVOCATION, EXPIRATION AND EXTINGUISHMENT OF CONDITIONAL USE PERMITS, VARIANCES AND OTHER LAND USE ENTITLEMENTS IN CHAPTER 17.70, AND ANY RELATED SECTIONS FOR CONSISTENCY. Memorandum from Community Development Director Ken Robertson dated October 7, 2010. 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 7:40 p.m. As no one came forward to address the • Council on this item, the public hearing closed at 7:40 p.m. • Action: To approve the staff recommendation to: (1) Waive full reading and introduce Ordinance No. 10-1312, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO MODIFY OR ADD PROVISIONS GOVERNING REVOCATION, EXPIRATION AND EXTINGUISHMENT OF CONDITIONAL USE PERMITS, VARIANCES AND OTHER LAND USE ENTITLEMENTS"; and (2) Adopt Resolution No. 10-6722, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING MASTER FEE RESOLUTION 90-5422 REGARDING ADMINISTRATIVELY EXTINGUISHING CONDITIONAL USE PERMITS FEES." Motion Bobko, second DiVirgilio. The motion carried, noting the absence of Mayor Tucker. (c) MUNICIPAL CODE AMENDMENT TO ALLOW TATTOO BUSINESSES AND BODY PIERCING STUDIOS IN THE C-3 ZONES, AND ZONES PERMITTING C-3 USES, OR OTHER ZONES AS DEEMED APPROPRIATE. Memorandum from Community Development Director Ken Robertson dated October 4, 2010. City Council Minutes 10-12-10 Page 13025 • • Community Development Director Robertson presented the staff report and responded to Council questions, noting typographical errors and repetitive phrases in the proposed ordinances. City Attorney Jenkins also responded to Council questions. The public hearing opened at 7:46 p.m. Coming forward to address the Council on this item was: Dency Nelson — Hermosa Beach, quoted and agreed with a local newspaper columnist who said Hermosa Beach would be able to maintain a classy tattoo parlor and it would be consistent with Hermosa Beach's tradition of "quirkiness," The public hearing was closed at 7:48 p.m. Proposed Action: To waive full reading and introduce on first reading a regular Ordinance and adopt an urgency Ordinance to amend the zoning code to allow tattoo/body piercing studios in the C -2/C-3 zone (and zones that allow C-3 uses). Motion Duclos, second Mayor pro tem Fishman. The motion failed, noting the dissenting votes of Bobko and DiVirgilio and the absence of Mayor Tucker. Proposed Action: To waive full reading and introduce on first reading a regular Ordinance and adopt an urgency Ordinance to amend the zoning code to allow tattoo/body piercing studios in the C-3 zone (and zones that allow C-3 uses) Motion Bobko, second DiVirgilio. The motion failed, noting the dissenting votes of Duclos and Fishman and the absence of Mayor Tucker. Action: To continue the item to the next City Council meeting of October 26, when a full Council will be present. Motion Bobko, second Duclos. The motion carried, noting the absence of Mayor Tucker. At 7:53. p.m., the order of the agenda moved to item 4(a) consent calendar items removed for separate discussion. 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL (a) VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT • INTERVIEWS FOR PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 6, 2010. City Council Minutes 10-12-10 Page 13026 • • • City Clerk Doerfling presented the report and responded to Council questions. Action: To schedule a meeting for 5:30 p.m., prior to the regular meeting of October 26, 2010, for the purpose of interviewing applicants for the Public Works Commission, with appointments to follow at the regular City Council meeting. Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Mayor Tucker. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, October 12, 2010, at the hour of 8:09 p.m. to an Adjourned Regular meeting to be held on October 26, 2010, at 5:30 p.m. for the purpose of interviewing Public Works Commission applicants. City Council Minutes puty City Cler 10-12-10 Page 13027 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, October 26, 2010, at the hour of 5:35 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None 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: Mike Flaherty Julian Katz Brian Koch 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, October 26, 2010, at the hour of 6:07 p.m. to the Regular meeting scheduled to begin at the hour of 6:00 p.m. De City Council Adjourned Minutes uty City Clerk 10-26-10 Page 13028 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 26, 2010, at the hour of 6:10 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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: Closed Session meeting of October 12, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) 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: Corey W. Glave v. City of Hermosa Beach Case Number: YS019820 City Council Minutes 10-26-10 Page 13029 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 26, 2010, at the hour of 6:11 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 — Jackie Flaherty ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there was one speaker during public commentary before the meeting adjourned into closed session; said two items were discussed — negotiations with employee labor groups and the Anderson tattoo case — with no reportable actions. ANNOUNCEMENTS — Councilmember Duclos described a Blue Ribbon Week event at Hermosa Valley School during which a DEA representative landed in a helicopter at the school and encouraged students to take a pledge to lead lives free of drug, alcohol and tobacco; said it was an educational and exciting day for the students. Mayor pro tem Fishman reminded everyone to vote the following Tuesday. Councilmember Bobko also encouraged everyone to vote and to make sure their friends voted also; said voters could determine their polling place at www.lavote.net. Councilmember DiVirgilio described a program called "Flat Stanley" and introduced "Flat Emily" sent to him from a family in Philadelphia whose eight-year old daughter Emily had made a cutout of herself and he was to take the cutout with him in his daily activities and report back on "Flat Emily's" activities; said he was proud to share Hermosa Beach and Los Angeles in this way. PRESENTATIONS PRESENTATION OF SERVICE AWARDS TO RECENTLY RETIRED CITY EMPLOYEES Mayor Tucker called each retiree forward, presented them with a City plaque indicating the number of years they had served the City, and thanked each of them for their dedication. City Council Minutes 10-26-10 Page 13030 • • Accepting plaques were Kim Bridges, Mike Flaherty, Ron Fox, Paul Hawkins, Lance Jaakola, Lee Lickhalter, Rick Morgan and Rhea Punneo. Retirees not present were Dianne Loughin, Brian Scott and Evelyn van Kreuningen. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, said tattoo parlors should be allowed in the adult area on Pier Plaza; said the City of Beverly Hills has allowed phone-in public comments for the last 17 years; suggested conducting televised Commission applicant interviews in the Council Chambers; asked for the repair of the wireless microphones used in meetings so speakers can be heard; opposed modifying the City's website since it is fine as is; suggested raising taxes on bars but not other businesses; Brian Lindquist — Beach Cities Cycles, said businesses are struggling; asked that the City reduce its spending rather than balancing its budget by increasing business license tax fees; Mario Alvarez — Hermosa Beach, asked the City to investigate the illegal expansion of Ocean Tire adjacent to his home; Nathan Mintz — Redondo Beach, State Assembly candidate, spoke of his goals in Sacramento; Matt Costantino — Hermosa Beach chiropractor, spoke in opposition to large increases in business license taxes; Eric Lawrence — Hermosa Beach, recommended http://iudgevoterquide.com/ as a resource for information on judges on the ballot; asked if the business license committee might recommend some fee decreases; said businesses needed to be encouraged at this time; John Shafer — Manhattan Beach resident and a Hermosa Beach dentist for 35 years, said he did not apply for the business license committee because the form asked how long he had lived in Hermosa Beach; said the committee should not be limited to residents; Jerry Drury — Redondo Beach resident and a Hermosa Beach dentist for 31 years, said business license tax increases should be postponed for another year in light of the poor economy; and Roger Bacon — Ralphs Shopping Center, showed a video of his interviews with local business people indicating their struggle to maintain a profit in the poor economy and opposition to increasing business license taxes. 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 City Council Minutes 10-26-10 Page 13031 • in item 4, but are shown in order for clarity: 2 (h) Tucker, (j) Duclos, (I) DiVirgilio, (n) Bobko. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 12, 2010. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on October 12, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61079 THROUGH 61214. Action: To ratify the check register as presented, and approve the cancellation of check numbers 50877 and 60637, 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 SEPTEMBER 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the September 2010 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE REPORT ON EMPLOYEES WHO ACCEPTED THE TWO-YEAR SERVICE CREDIT RETIREMENT INCENTIVE DURING THE WINDOW PERIOD. Memorandum from Finance Director Viki Copeland dated October 12, 2010. (f) Action: To receive and file the report on employees who accepted the two- year service credit retirement incentive during the window period. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 5, 2010. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 5, 2010. City Council Minutes 10-26-10 Page 13032 • (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF OCTOBER 11, 2010: Action: To receive and file the action minutes of the Green Task Force meeting of October 11, 2010. (h) RECOMMENDATION TO REJECT ALL BIDS FOR CIP NO. 99-631 - BEACH RESTROOMS IMPROVEMENTS; AUTHORIZE STAFF TO REMOVE CONSTRUCTION OF NEW RESTROOMS AT FOURTEENTH STREET FROM THE SCOPE OF WORK AND MAKE MINOR ADJUSTMENTS AS NECESSARY; AND, AUTHORIZE STAFF TO RE - ADVERTISE FOR BIDS. Memorandum from Interim Public Works Director Frank Senteno dated October 19, 2010. • (i) • This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. Interim Public Works Director Senteno responded to Council questions. Action: To approve the staff recommendation to: (1) Reject all bids for CIP No. 99-631 - Beach Restrooms Improvements; (2) Authorize staff to remove construction of new restrooms at Fourteenth Street from the scope of work and make minor adjustments as necessary; and (3) Authorize staff to re -advertise for bids. Motion Tucker, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated October 19, 2010. Claimant: Webb, Robert Date of Loss: 04-16-10 Date Filed: 10-04-10 Allegation: Personal Injury Claimant: Livingston, Patricia Date of Loss: 09-04-10 Date Filed: 10-05-10 Allegation: Personal Injury Claimant: McNett, Kyle Date of Loss: 09-08-10 Date Filed: 09-08-10 Allegation: Property Damage City Council Minutes 10-26-10 Page 13033 • (i) Action: To deny the following claims and refer them to the City's Liability Claims Administrator. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated October 18, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting with regard to changing the format of the report to provide more detailed information. Interim Public Works Director Senteno and City Manager Burrell responded to Council questions, saying the format issue would be considered after the appointment of the new Public Works Director. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 22, 2010. • Action: To receive and file the action minutes of the Public Works (1) (m) • Commission meeting of September 22, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19, 2010. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. Action: To have City Council review and reconsider two items on the Planning Commission minutes: Item 6, denial of a CUP amendment at 439 Pier Avenue, Buona Vita Restaurant; and Item 7, a "no decision" tie vote on a text amendment to allow microbreweries in the M-1 zone. Motion DiVirgilio, supported by Bobko. Further Action: To receive and file the action minutes of the Planning Commission meeting of October 19, 2010. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO EXTEND THE TERM OF THE AGREEMENT TO PROVIDE CONSULTING SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT WITH J.H. DOUGLAS & ASSOCIATES TO DECEMBER 31, 2011, AND DIRECT THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR SERVICES. Memorandum City Council Minutes 10-26-10 Page 13034 • from Community Development Director Ken Robertson dated October 20, 2010. Action: To approve the staff recommendation to extend the term of the Agreement to Provide Consulting Services to Update the General Plan Housing Element with J.H. Douglas & Associates to December 31, 2011, and direct the City Manager to execute an Amendment to the Agreement for Services. (n) RECOMMENDATION TO WAIVE $480 BANNER FEE FOR THE SECOND ANNUAL HERMOSA BEACH FIREFIGHTERS ASSOCIATION 501(C)(3) CHARITY POKER TOURNAMENT. Memorandum from City Manager Stephen Burrell dated October 21, 2010. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting. Action: To deny the request to waive $480 banner fee for the Second Annual Hermosa Beach Firefighters Association 501(c)(3) Charity Poker Tournament. Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting votes of Duclos and Fishman. • 3. CONSENT ORDINANCES - None • At 7:47 p.m., the order of the agenda went to public hearing items 5(a), (b) and (c). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h), (j) (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. At 11:05 p.m., the order of the agenda went to item 7(a). 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION ADOPTION OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ADD OUTDOOR DINING AND MAKE INTERIOR ALTERATIONS TO AN EXISTING RESTAURANT WITH ON -SALE BEER AND WINE AT 844 HERMOSA AVENUE, HOT'S KITCHEN (PREVIOUSLY "KEN AND KENT'S"). (Continued from meeting of October 12, 2010). City Council Minutes 10-26-10 Page 13035 • Memorandum from Community Development Director Ken Robertson dated October 20, 2010. • • 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 8:11 p.m. Coming forward to address the Council on this item were: Louis Skelton — architect for Hot's Kitchen, clarified that the design was based on the City's CUP requirements for outdoor dining; discussed occupancy versus occupant load and the changes made to decrease seating from the previous restaurant; Sean Chaney — owner of Hot's Kitchen, said it would not be a sports bar; explained that he was a chef and this would be a nice restaurant; Annie Walker — Manhattan Beach, said she has taken her 6 -year old to the Hot's Kitchen in the San Fernando Valley and found it to be a family - friendly restaurant with quality food, not a sports bar; John Atkinson — owner of a small restaurant in Manhattan Beach and friend of Sean Chaney's; said Hot's Kitchen was not a sports bar; Kristina Parrot — said she worked at Hot's Kitchen in the Valley and hoped to work at the Hermosa one; said neither location was a sports bar; George Barks — Redondo Beach, said he was not acquainted with anyone involved with Hot's Kitchen but supported the Planning Commission decision and thought the rollup doors would make the restaurant more appealing; and Jason Gregory — Hermosa Beach, said he lived three blocks from this location and supported the Planning Commission decision. The public hearing was closed at 8:31 p.m. Action: To approve the staff recommendation to adopt Resolution No. 10- 6723, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A RESTAURANT WITH ON -SALE BEER AND WINE AND OUTDOOR DINING (HOT'S KITCHEN) IN AN EXISTING COMMERCIAL BUILDING AT 844 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOT 23, TRACT NO. 1564, HERMOSA BEACH"; amended to change the word "may" to "shall" in condition number 8 so that annual review by the Planning Commission is a requirement. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 8:53 p.m. The meeting reconvened at 9:04 p.m. City Council Minutes 10-26-10 Page 13036 • b. MUNICIPAL CODE AMENDMENT TO ALLOW TATTOO BUSINESSES AND BODY PIERCING STUDIOS IN THE C-3 ZONE, AND ZONES PERMITTING C-3 USES, OR OTHER ZONES AS DEEMED APPROPRIATE. (Continued from meeting of October 12, 2010.) Memorandum from Community Development Director Ken Robertson dated October 20, 2010. Supplemental letter received October 26, 2010 from Gene Smith and Shane McColgan. • • Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing re -opened at 9:05 p.m. Coming forward to address the Council on this item were: Dency Nelson — Hermosa Beach, said it has been ruled that tattoos are protected by the First Amendment of the Constitution and this was an opportunity for Hermosa Beach to provide classy tattoo parlors with the elements of control which can be put in place; George Barks — Redondo Beach, urged the Council to extend the urgency ordinance, allowing an additional ten months to: (1) study the issue to perhaps allow the use in the industrial zone; (2) appeal the three- member decision of the Ninth Circuit Court of Appeals to its full 12 members; and/or (3) enlist the assistance of the California League of Cities Legal Advocacy Committee; Rob Saemann — Hermosa Beach, said tattoo parlors should be permitted only in the C-3 zone on Pacific Coast Highway or Aviation Boulevard — not on Pier Avenue or in downtown Hermosa Beach; Robert Yost — attorney for Johnny Anderson, said the use is constitutionally protected under the First Amendment, and he lived in an area that had a mix of tattoo parlors, restaurants, book stores, and other businesses; said the use should not be restricted to one part of the City, noting that his client had chosen a specific location on Pier Plaza for his business; urged the Council to allow the use in both C-2 and C-3 zones. Johnny Anderson — said he grew up in Hermosa Beach and it was his desire to open a tattoo parlor in an upstairs unit on Pier Plaza; and Paul Cassiopa — Hermosa Beach resident for 25 years, said he brought the tattoo issue to the City in 1994 and is ready to open a tattoo business; supported allowing the use in the C-3 zone, noting that he would rather be on Pacific Coast Highway, away from the downtown bars; The public hearing was closed at 9:18 p.m. Proposed Action: To allow tattoo and body piercing studios in the C-2 and C-3 zones with the following requirements: (1) Restrict the operating hours from 10:00 a.m. to 10: p.m.; (2) Once established, allow no expansion at the site or to other locations; (3) Exclude live animals (per Health Department), except service animals for the disabled; City Council Minutes 10-26-10 Page 13037 • • • (4) Allow no tattoo or body piercing to anyone under the age 18 without the presence of their parent or guardian; (5) Require a "buffer" zone between these businesses of 1000 feet in the C-2 zone and 1500 feet in the C-3 zone. Motion Duclos, second Fishman. The motion was replaced by the following substitute motion. Proposed Action: To allow tattoo and body piercing studios in the C-3 zone only, with no buffer zones. Motion Bobko, second DiVirgilio. The substitute motion failed, noting the dissenting votes of Duclos, Fishman and Mayor Tucker. Action: To waive full reading and introduce Ordinance No. 10-1313, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-2 AND C-3 ZONES (AND ZONES THAT ALLOW C-3 USES)," as amended to add the following: (1) Restrict the operating hours from 10:00 a.m. to 10: p.m.; (2) Once established, allow no expansion at the site or to other locations; (3) Exclude live animals, except service animals for the disabled, (4) Allow no tattoo or body piercing to anyone under the age 18 without the presence of their parent or guardian; (5) Maintain in the original proposed ordinance a "buffer" zone between these businesses of 1000 feet in the C-2 zone and add a buffer 1500 feet in the C-3 zone. Motion Duclos, second Fishman. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. City Attorney Jenkins pointed out there was no need to consider the proposed urgency ordinance in item 5(b) to make this ordinance effective immediately since adoption would require a 4/5 vote. c. EXTENSION OF INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF TATTOO STUDIOS. Memorandum from Community Development Director Ken Robertson dated October 19, 2010. 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 9:43 p.m. Coming forward to address the Council on this item were: George Barks — Redondo Beach, spoke in favor of extending the interim ordinance to provide time to seek further legal means of overturning the decision of Ninth Circuit Court of Appeals; and City Council Minutes 10-26-10 Page 13038 • Dency Nelson — Hermosa Beach, said he did not know the applicant, but he grew up in Hermosa Beach and seemed passionate about opening his business on the Plaza, and it should be allowed. The public hearing was closed at 9:48 p.m. Action: To approve the staff recommendation to waive full reading and adopt Ordinance No. 10-1314U, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING AN INTERIM ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTABLISHMENT OF TATTOO STUDIOS AND DECLARING THE URGENCY THEREOF," with the amendment that the ordinance shall expire on December 10, 2010. Motion Fishman, second Duclos. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. SET PUBLIC HEARING DATE FOR REVIEW OF POTENTIAL CHANGES TO PREFERENTIAL PARKING PROGRAM. Memorandum from Community Development Director Ken Robertson dated October 18, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and Finance Director Viki Copeland also responded to Council questions. Action: To approve the staff recommendation to schedule a public hearing for January 11, 2011 on potential changes to the Preferential Parking Program and notice all current preferential parking program permit holders and the general public. Motion Bobko, second Fishman. The motion carried by a unanimous vote. b. AWARD CONTRACT FOR SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS, AND THE PIER IN HERMOSA BEACH. Memorandum from Interim Public Works Director Frank Senteno dated October 19, 2010. Two supplemental emails received October 26, 2010, one from Vicki Garcia and the other from Janine Bozeman. Interim Public Works Director Senteno presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Jere Costello — Hermosa Beach and owner of Clean Street, submitted information to the City Council to support his position that the Athens bid should be rejected; Dan Alderman — Attorney for Clean Street, said the project was re -bid in May at the request of Athens, who claimed the Clean Street bid was City Council Minutes 10-26-10 Page 13039 • • • unbalanced; explained why Athens' re -submitted bid was unbalanced and unrealistically low; said it is illegal to charge less than the cost of performing the work in order to hurt the competition, and a company cannot charge one customer a different rate for doing the same work; said there was clear evidence of these violations; Don Duckworth — representing Clean Street, spoke of 35 years of municipal management as a City Manager and Public Works Director and, during that time and since retirement working as a consultant, said he has been involved in many street sweeping contracts; said cities who are Athens customers say they do not perform pressure washing and clearly some of the costs listed would not even cover the fuel for their equipment; Ron Arakelian — Athens Services, said the price they quoted for cleaning sidewalks is correct and they had more than 20 references who would attest to their superior work in that specific task; said they provided a competitive bid with an appropriate profit and each element of their bid stands on its own; said they were familiar with NPDS requirements regarding water usage and had state-of-the-art equipment; Greg Huntington — Athens Services Finance Director, said the specifications of the bid had changed considerably for both the length of the contract and the days of service since the original bids were submitted in May and they stand behind their bid amounts; Steve Sletten — attorney for Athens Services, did not speak to the specifics of the bid and agreed that Mr. Alderman cited the law correctly; however, said he had years of competitive bid experience and just because a bid is lower does not mean something is wrong; and Jere Costello — Hermosa Beach resident and owner of Clean Street, said he has 48 years street sweeping experience and had provided excellent service at a fair competitive price to Hermosa Beach since 1994; said Athens' bid was disproportional and felt this was a large company trying to intimidate a smaller one. Proposed Action: To continue the item to the next Council meeting of November 9 and direct staff to provide additional background information and address the information received this evening. Motion DiVirgilio, second Mayor Tucker. The motion was replaced with the following substitute motion. Action: To approve the staff recommendation to: (1) Reject the bid protest submitted by Clean Street; (2) Award Sweeping/Cleaning Services contract to Athens Services for the period beginning November 1, 2010, and ending June 30, 2013, for a three-year contract total of $681,807.44; (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and (4) Authorize the Director of Public Works to make changes as necessary within the budgeted amount. City Council Minutes 10-26-10 Page 13040 Motion Fishman, second Duclos. The substitute motion carried, noting the dissenting votes of DiVirgilio and Mayor Tucker. At 10:44, the order of the agenda went to item 4(a), consent calendar items removed for separate discussion. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITY COUNCIL MEETING SCHEDULE FOR 2011. Memorandum from City Manager Stephen Burrell dated September 30, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the proposed schedule for the City Council meetings in 2011, with the August 2011 meeting held offsite at Hermosa View School. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. b. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated September 30, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To acknowledge the holiday parking program for all silver meters from Saturday, December 11, 2010, through Saturday, December 25, 2010. Motion Bobko, second Fishman. The motion carried by a unanimous vote. c. SURF LEGENDS MEMORIAL BLUE RIBBON TASK FORCE. Memorandum from City Manager Stephen Burrell dated October 14, 2010. City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Bill Sigler, Parks, Recreation and Community Resources Advisory Commission; Rick Koenig, Hermosa Arts Foundation; Dorothy Forba from Leadership Hermosa; and Mayor Peter Tucker and Councilmember Jeff Duclos to the Surf Legends Memorial Blue Ribbon Task Force. Motion Bobko, second Fishman. The motion carried by a unanimous vote. d. UPPER PIER RE -OPENING EVENT ON SATURDAY, NOVEMBER 13, 2010, FROM 10:00 A.M. TO 5:00 P.M., SPONSORED BY THE HERMOSA BEACH CHAMBER OF COMMERCE AND UPPER PIER AVENUE MERCHANTS. Memorandum from City Manager Stephen Burrell dated October 21, 2010. City Council Minutes 10-26-10 Page 13041 • • City Manager Burrell presented the staff report and responded to Council questions, noting they would use a standard event contract. Action: To approve the staff recommendation to: (1) Approve the event including waiving banner installation and amplified sound permit fees, using of City equipment (risers, PA system); and (2) Direct staff to work with the Event Coordinators on the event including developing public information, press release, etc. Motion Fishman, second Mayor Tucker. The motion carried by a unanimous vote. 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 19, 2010. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To appoint Julian Katz and Mike Flaherty from among the three applicants interviewed this evening to fill the two expiring terms on the Public Works Commission. Each appointment is for a four-year term ending October 31, 2014. b. VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT INTERVIEWS FOR BUSINESS LICENSE TAX REVIEW COMMITTEE. Memorandum from City Clerk Elaine Doerfling dated October 20, 2010. City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions with regard to the scheduled time for the closed session that evening. Action: Council consensus was to schedule a meeting at 6:00 p.m. prior to the regular meeting of November 9, 2010, for the purpose of interviewing applicants for the Business License Tax Review Committee with appointments to follow at the regular meeting, using a weighted vote method. c. CARBON NEUTRAL COMMITTEE. Memorandum from Mayor Tucker dated October 21, 2010. Mayor Tucker spoke to his request. Action: To change the membership of the Carbon Neutral Committee to the former Mayor, Michael DiVirgilio, and the present Mayor, Pete Tucker. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. City Council Minutes 10-26-10 Page 13042 • • • 9. OTHER MATTERS - CITY COUNCIL — None a. Mayor Tucker requested an update from City Manager Burrell regarding the electric vehicle charging stations on Pier Avenue. City Manager Burrell said he would follow up on the status of the charging stations; further reported that complete installation of the grates around trees should be finished by the end of the week and the contractors were working from a punch list to which the City Council could add items. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of State Senator Jenny Oropeza, on Tuesday, October 26, 2010, at the hour of 11:22 p.m., to an Adjourned Regular meeting to be held on November 9, 2010, at 6:00 p.m. for the purpose of interviewing applicants for the Business License Tax Review Committee. 524_, City Council Minutes i eputy City Clerk 10-26-10 Page 13043 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 9, 2010, at the hour of 6:06 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None INTERVIEWS OF BUSINESS LICENSE TAX REVIEW COMMITTEE 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: Robert Booker Thomas Brodie Debra Cucci Andrew Jacobsson Richard Leibowitz Stephen Stepaniuk Brittny Tacker Anthony Trujillo 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, November 9, 2010, at the hour of 7:17 p.m. to the Regular meeting scheduled to begin at the hour of 6:00 p.m., but actually called to order at 7:19 p.m. Clic Clerk City Council Adjourned Minutes pu y City Clerk 11-09-10 Page 13044 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, November 9, 2010, at the hour of 7:19 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 26, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) 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, November 9, 2010, at the hour of 7:20 p.m., to a closed session. City Council Minutes 11-09-10 Page 13045 RECONVENE TO OPEN SESSION — At the hour of 7:35 p.m., the Closed Session • adjourned to the Regular Meeting, which was called to order at 7:43 p.m. • • PLEDGE OF ALLEGIANCE — Ron Newman ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there was a brief closed session meeting between the Committee interviews and the regular meeting. Items discussed were the Anderson tattoo case and negotiations with City employee associations, with no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos shared info on a COG South Bay Sustainable Strategy Workshop he attended on October 28 regarding compliance with SB 375, Redesigning Communities to Reduce Greenhouse Gases; said details could be found atwww.southbaycities.orq. Mayor pro tem Fishman invited the public to the annual Veterans Day ceremony at 5:30 p.m. at the Veterans Memorial near the Community Center at Pacific Coast Highway and Pier Avenue. Councilmember DiVirgilio said he would not be at the next Council meeting on November 23 at which two Planning Commission decisions are to be reviewed and reconsidered and asked what could be done to have a full Council present for those hearings; said he and Councilmember Bobko had attended a Tenth Anniversary celebration for an innovative award-winning environmental charter high school in Lawndale and was pleased to learn that two Hermosa Beach residents, Alison Suffet Diaz and Bruce Greenspon were involved with that school; congratulated City Manager Burrell and the Public Works Department for obtaining a $350,000 Safe Route to School grant for signs, paint and sidewalks. Councilmember Bobko gave details of a grand re -opening of the Upper Pier Avenue project on Saturday, November 13, from 10 a.m. to 5 p.m., sponsored by the merchants and the Chamber of Commerce; encouraged the community to attend the candlelight service on Veterans Day. Mayor Tucker said the grand re -opening event showcasing merchants on Upper Pier Avenue would celebrate the most exciting new venue in the South Bay which encouraged a pedestrian/cyclist environmental friendly lifestyle. PROCLAMATIONS / PRESENTATIONS VITALITY CITY PRESENTATION BY BEACH CITIES HEALTH DISTRICT City Council Minutes 11-09-10 Page 13046 • r Lisa Santora, Chief Medical Officer at Beach Cities Health District, said the three beach cities were chosen as Vitalities Cities, with walkability and bikability goals and other healthier choices; described the program and encouraged the Council to work with them. Joel Spoonheim, Minneapolis, Director of the Vitality Cities project, gave a PowerPoint presentation describing the three-year project, provided health statistics, discussed "blue zones" in the world where people live much longer lives, and factors other diet and exercise which affect health; asked the City Councilmembers to serve on the advisory board. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: George Barks — Hermosa Beach and Redondo Beach, encouraged the City Council to pursue additional legal means to ban tattoo parlors from the City; Mario Alvarez — Hermosa Beach, showed a DVD with excerpts from Planning Commission and City Council meetings, at which his alleged problems with Ocean Tires (adjacent to his home) were discussed; said the business is violating City Codes (Mayor Tucker explained that he and City Manager Burrell had visited the location and found no violations); Dency Nelson — Hermosa Beach, asked for clarification of whether leaf blowers are allowed in Hermosa Beach; said he had seen several being used around town (City Manager Burrell said they were illegal and suggested Mr. Nelson call Code Enforcement when he sees them; said a reminder that these devices are not allowed will be placed in the e -newsletter). 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(d) Tucker, (f) Bobko and (g) DiVirgilio. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on October 26, 2010; and 2) Minutes of the Regular meeting held on October 26, 2010. City Council Minutes 11-09-10 Page 13047 • Action: To approve, as presented, minutes of the Adjourned Regular meeting of the City Council held on October 26, 2010, and the Regular meeting held on October 26, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61215 THROUGH 61376. 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 ACCEPT DONATIONS OF $65.00 FROM VARIOUS DONORS TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated November 1, 2010. This item was removed from the consent calendar by Mayor pro tern Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept donations of $65.00 from various donors to be used for supplies for the Hermosa Beach Senior Activity Center. Motion Tucker, second Bobko. The motion carried by a unanimous vote (e) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated November 4, 2010. (f) Action: To receive and file report of Customer Service Surveys/Complaints. RECOMMENDATION TO APPROVE THE PURCHASE OF A USED POLICE MOTORCYCLE FOR $6,525.00 FROM THE CITY OF CORONA FROM JAG GRANT FUNDS. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Councilmember Bobko, who praised the Chief for getting a bargain and using grant funds. Action: To approve the purchase of a used police motorcycle for $6,525.00 from the City of Corona from JAG Grant funds. Motion Bobko, second Fishman. The motion carried by a unanimous vote. City Council Minutes 11-09-10 Page 13048 • (g) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) FORD F-150 PICKUP TO REPLACE THE 2001 FORD F-150 PICKUP CURRENTLY ASSIGNED TO THE INVESTIGATIONS DIVISION OF THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Councilmember DiVirgilio, who asked why a pickup was necessary and was a hybrid vehicle considered? Chief Savelli said often a pickup is needed to carry items when a search warrant is issued and a hybrid does not have enough acceleration for this vehicle's use. Mayor pro tern Fishman was concerned that this vehicle was not budgeted and a transfer of funds was necessary to make the purchase, even though general funds were not used. He cautioned this should not become a habit. City Manager Burrell explained that even though all vehicle purchases were being postponed for three years and; therefore, this vehicle was not budgeted for replacement, it had become necessary to make the purchase because of the poor condition of the current vehicle. Action: To authorize the purchase of one (1) Ford F-150 pickup to replace the 2001 Ford F-150 pickup currently assigned to the Investigations Division of the Police Department. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH FOR THE 2009 STATE HOMELAND SECURITY GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ASSOCIATED EXHIBITS AND AUTHORIZE THE APPROPRIATION OF $24,803 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE REIMBURSABLE OVERTIME COSTS OF SENDING FIRE PERSONNEL TO TRAINING FOR TERRORISM LIAISON OFFICER (TLO) FOLLOWING RECEIPT BY THE CITY OF THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES. Memorandum from Fire Chief David Lantzer dated October 27, 2010. 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 2009 State Homeland Security Grant; (2) Authorize the City Manager to execute the Agreement and associated exhibits; and City Council Minutes 11-09-10 Page 13049 • (i) (3) Authorize the appropriation of $24,803 and the corresponding estimated revenue to the Grant Fund for the reimbursable overtime costs of sending fire personnel to training for Terrorism Liaison Officer (TLO) following receipt by the City of the executed agreement from the County of Los Angeles. RECOMMENDATION TO RECEIVE AND FILE THE LIST OF REGULAR AND ONGOING CITY BOARD AND COMMISSION APPOINTIVE TERMS THAT WILL EXPIRE DURING THE 2011 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 3, 2010. Action: To receive and file the list of regular and ongoing City Board and Commission appointive terms that will expire during the 2011 calendar year. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 20, 2010. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 20, 2010. At 8:37 p.m., the order of the agenda went to 5(a). • 3. CONSENT ORDINANCES a. ORDINANCE NO. 10-1312, ENTITLED "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO MODIFY OR ADD PROVISIONS GOVERNING REVOCATION, EXPIRATION AND EXTINGUISHMENT OF CONDITIONAL USE PERMITS, VARIANCES AND OTHER LAND USE ENTITLEMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 2, 2010. Deputy City Clerk Nelsen presented the staff report. Action: To waive full reading and adopt Ordinance No. 10-1312/ Motion Bobko, second Duclos. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 10-1313, ENTITLED "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-2 AND C-3 ZONES (AND ZONES THAT ALLOW City Council Minutes 11-09-10 Page 13050 C-3 USES)." For adoption. Memorandum from City Clerk Elaine Doerfling III dated November 2, 2010. Deputy City Clerk Nelsen presented the staff report. Action: To waive full reading and adopt Ordinance No. 10-1313 Motion Duclos, second Fishman. The motion carried by the following vote: AYES: Duclos, Fishman, Mayor Tucker NOES: Bobko, DiVirgilio ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d), (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. ADOPTION OF THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS FOR HERMOSA BEACH. Memorandum from Community Development Director Ken Robertson dated November 4, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. (1) Waive full reading and introduce Ordinance No. 10-1315, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING BY REFERENCE TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISED OF VARIOUS BUILDING AND OTHER CODES, AMENDING THE REQUIREMENTS OF PORTIONS OF SAID TITLE AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE," with the following amendments suggested by the City Council: (a) Add a new subsection under Section 15.04.070 to require a soils engineer to certify that temporary shoring has been installed properly and to specify a time period for the integrity of the shoring. (b) In Section 15.04.100, remove conditions from all groups listed to indicate that all occupancies listed shall be required to have automatic sprinkler systems. City Council Minutes 11-09-10 Page 13051 • • • (c) In Section 15.04.140, No. 2, require screening to cover chain link fencing. Motion Mayor Tucker, second DiVirgilio. The motion carried by a unanimous vote. (2) Waive full reading and introduce Ordinance No. 10-1316, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, A ADOPTING BY REFERENCE PART 11 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, KNOWN AS THE CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN), AMENDING PORTIONS OF SAID TITLE, AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." (a) In Section A4.208.2, correct a typographical error which omitted the words "gas-fired" so that the section will read: If a gas-fired tankless water heater is installed Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. Direction was given to staff to return with a discussion of the status of the Green Task Force and whether it should be made a permanent body. 6. MUNICIPAL MATTERS a. ANNUAL REVIEW OF FIESTA — APPROVAL OF 2011 EVENTS. Memorandum from City Manager Stephen Burrell dated November 4, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Carla Merriman — Executive Director, Hermosa Beach Chamber of Commerce and Visitors Bureau, detailed the ongoing work of the self- funded Chamber of Commerce, including providing assistance to businesses, promoting tourism and providing opportunities for non- profits City organizations to raise funds by working in the Fiesta beer garden, as well as requiring a temporary business license to those renting Fiesta booths which provides funds to the City; Dency Nelson — Hermosa Beach, commended the Chamber of Commerce for their environmental friendly changes to the Fiesta within the last year. Action: To approve the staff recommendation to: (1) Receive and file the information from the Hermosa Beach Chamber of Commerce covering the 2010 Fiestas; (2) Approve the 2011 Fiestas — Memorial Day weekend, May 28, 29 & 30, 2011 and Labor Day weekend, September 3, 4 & 5, 2011; and City Council Minutes 11-09-10 Page 13052 • • • (3) Approve shuttle bus routes and use of the beach for Bike Valet Program. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. b. REQUEST BY SILVIO'S BRAZILIAN BBQ BAR TO THE STATE ALCOHOL BEVERAGE CONTROL AGENCY (ABC) TO REMOVE CONDITIONS ON THEIR BEER AND WINE LICENSE REGARDING HOURS AND FOOD/ALCOHOL SALES RATIO. Memorandum from Community Development Director Ken Robertson dated October 28, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Greg Savelli said he was concerned about longer hours since the situation on Pier Plaza has improved with the staggered closing hours in place at present. Coming forward to address the Council on this item were: Doug Howarth — Co-owner of Sylvio's, said Pier Plaza is calmer than when they first opened their business and even though they have proved they are a restaurant, not a bar, they had certain restrictions placed on them from the beginning and now are asking for some changes; said he understood they might not get all the changes but hoped their requests could open negotiations with the City; George Barks — Hermosa Beach and Redondo Beach, said he felt the City cannot be too restrictive to businesses or it will be difficult for them to survive; suggested a compromise for this establishment which has proven to be a restaurant, not a bar; Proposed Action: To: (1) Per staff recommendation, file an objection to the Department of Alcoholic Beverage Control on the request to remove the conditions; (2) Direct staff to discuss a fair resolution with the owners of Sylvio's; and (3) To agendize a City Council policy discussion about reducing volume for alcohol related businesses. Motion DiVirgilio, second Bobko. The motion was replaced by a substitute motion. Proposed Action: To approve staff recommendation to file an objection to the Department of Alcoholic Beverage Control on the request to remove the conditions; Motion Mayor Tucker, second Fishman. The motion was replaced by a re- statement of the original motion. City Council Minutes 11-09-10 Page 13053 • • • Action: To: (1) Per staff recommendation, file an objection to the Department of Alcoholic Beverage Control on the request to remove the conditions; (2) Encourage the business owners to consider withdrawing their letter. (3) In the next four months, agendize a discussion about a City Council policy regarding alcohol-related businesses. Motion DiVirgilio, second Mayor Tucker, who withdrew his motion. The motion carried by a unanimous vote. c. FIRST ANNUAL SNOWFEST — SATURDAY, DECEMBER 4, 2010, 10:00AM TO 9:00PM ON PIER AVENUE AND PIER PLAZA. Memorandum from City Manager Stephen Burrell dated November 4, 2010. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Richard O'Reilly — Hermosa Beach and co-owner with Dennis Jarvis of Spyder Surfboards, showed an overhead map with a plan for the Snowfest; said he had worked with Michael Bell, the Chamber of Commerce and the Downtown Business Association to organize this event; said he was hoping also to install holiday lights from Upper Pier Avenue to The Strand, which was not part of his original proposed plan, but this was not definite yet; he said service clubs were allowed to set up hot chocolate sales and the Beach Cities Toy Drive could have a donation location. Action: To approve the Snowfest/Plaza Holiday Event sponsored by Pier Avenue merchants as recommended by the Parks, Recreation and Community Resources Advisory Commission, and include holiday lighting on Pier Avenue from Valley Drive to The Strand if Spyder can arrange it. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. ST. PATRICK'S DAY PARADE - HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU REQUEST TO PRODUCE THE ANNUAL PARADE City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 11-09-10 Page 13054 • • Action: To approve the Hermosa Beach Chamber of Commerce and Visitors Bureau as the sponsor, organizer and producer for the 2011 St. Patrick's Day Parade on Saturday, March 19, 2011. Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. BUSINESS LICENSE TAX REVIEW COMMITTEE MISSION STATEMENT. Councilmember Bobko presented the Mission Statement and responded to Council questions. Two changes were made to the mission statement, the date of April 12, a regular, not special, Council meeting was noted in the blank and the change from a special meeting to a regular meeting was made. Action: To approve the Mission Statement, with the two amendments mentioned. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. b. VACANCIES — BOARDS AND COMMISSIONS — APPOINT BUSINESS LICENSE TAX REVIEW COMMITTEE MEMBERS. Memorandum from City Clerk Elaine Doerfling dated November 3, 2010. Deputy City Clerk Nelsen presented the staff report. City Councilmembers voted in the first round of weighted voting to determine the top five applicants. The meeting recessed at 11:07 p.m., while City Manager Burrell and Deputy City Clerk Nelsen tabulated the votes. The meeting reconvened at 11:13 p.m., with the second round of voting to determine the top three. Action: To appoint Andrea Jacobsson, Brittny Tacker and Thomas Brodie from among the applicants interviewed earlier this evening to fill the three seats on the newly -formed Business License Tax Review Committee. 9. OTHER MATTERS - CITY COUNCIL Councilmember Bobko noted that he, as well as Councilmember DiVirgilio, would not be present at the November 23 City Council meeting. City Manager Burrell said the ads and notices had already gone out for those two hearings but he would talk to the parties involved to see if they are agreeable to changing the hearing date and, if the parties agree, the three City Council Minutes 11-09-10 Page 13055 • • • Councilmembers present at the November 23 meeting can ask that the items be continued to December 14. Mayor Tucker requested that City Attorney Jenkins bring lyrics for holiday songs to sing at the December 14 meeting as has been the tradition. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, November 9, 2010, at the hour of 11:39 p.m. to a Regular meeting to be held on November 23, 2010, at 6:00 p.m. City Council Minutes uty City Clerk 11-09-10 Page 13056 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 23, 2010, at the hour of 6:00 p.m. ROLL CALL: Present: Duclos, Fishman, Mayor Tucker Absent: Bobko, 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. APPROVAL OF MINUTES: a. Closed Session meeting held on October 26, 2010; and b. Closed Session meeting held on November 9, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Case Number: b. Name of Case: Case Number: Johnny Anderson v. City of Hermosa Beach CV06-5078 Corey W. Glave v. City of Hermosa Beach YS019820 City Council Minutes 11-23-10 Page 13057 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 23, 2010, at the hour of 6:01 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 7:04 p.m. PLEDGE OF ALLEGIANCE — Judy Garland ROLL CALL: Present: Duclos, Fishman, Mayor Tucker. Absent: Bobko, DiVirgilio CLOSED SESSION REPORT — City Attorney Jenkins said added to the closed session agenda was an item that came up after the posting of the agenda and required immediate attention — an advisement that a Macpherson status conference had been scheduled for January 14, 2011; said the Anderson tattoo case had been settled the previous week, and the Glave case went to judgment last week; said there were no reportable actions. ANNOUNCEMENTS — Mayor pro tem Fishman wished everyone a Happy Thanksgiving; congratulated the Hermosa Beach Police Department on earning an accreditation in law enforcement to which Police Chief Savelli might want to speak. Chief Savelli commented on CALEA, the Commission on Accreditation for Law Enforcement, and said Mayor Tucker had joined them at the awards banquet the previous Saturday evening. He thanked his staff, particularly Georgia Lonnquist, Accreditation Manager, who worked through the three-year process, and said he was pleased to have CALEA accreditation which was well earned and indicated a degree of professionalism. Mayor Tucker said he was pleased to represent the City at the CALEA banquet and thanked the Chief and his staff for earning this accreditation and for the good work done in the department since Chief Savelli had been appointed. Mayor Tucker said the City had received prestigious awards for the Upper Pier Avenue project from the American Public Works Association and the Environmental Protection Agency for the storm water diversion system running under the street, irrigating the landscaping and keeping rain water from going into the ocean. He thanked the Upper Pier Avenue Advisory Committee and all the volunteers who had helped with this project, noting that the local talent in the community saved the City money by not having to hire consultants to design the project. He also thanked the residential and business community for stepping up to assist in these tough economic times to preserve the summer concerts on the beach, to provide a new gym floor at the Community Center, to maintain the St. Patrick's Day Parade in 2011, and for the tree lighting and Snowfest on December 11. City Council Minutes 11-23-10 Page 13058 PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. • • Coming forward to address the Council at this time were: Sam Pena - Consolidated Disposal Service (the City's waste hauler), said trash pickup may be a day late during Thanksgiving week but, since Christmas and New Year's Day fall on a Saturday this year, there would be no schedule changes during that holiday season; reminded residents to call 800-299-4898 for a special large item pickup and to put their Christmas trees on the curb from December 27 to January 21 on their regular pickup day. (Mayor Tucker thanked Consolidated for providing bins for collecting holiday toys for the annual Beach Cities Toy Drive and said the wrapping party would be December 18 at the Manhattan Beach Joslyn Center at 1601 Valley Drive.) Jim Stevens - Hermosa Beach, asked that consent calendar item 2(1) be removed for separate discussion; Judy Garland - Hermosa Beach, urged the Council to do whatever is necessary to keep Upper Pier Avenue a family-oriented area and not allow it to become like Pier Plaza with lots of bars; William Ethan Kramer - Hermosa Beach, said he wished to speak on item 6(a) and was advised by the Council to wait until that item comes up for discussion; and Mario Alvarez - Hermosa Beach, expressed his opinion that Ocean Tire near his home is being allowed to expand without limitation and showed a DVD with excerpts from City meetings in which this business was discussed. At this time, Councilmember Duclos provided a report on the South Bay Council of Government Sustainable South Bay Strategy workshop he had attended on October 28 and urged the public to visit their site at www.southbaycities.orq. Councilmember Duclos commented on a letter to the City Council from the National Council on Alcoholism and Drug Dependence of the South Bay regarding the importance of obtaining an ordinance for smoke-free outdoor dining areas. Action: To agendize a discussion of adopting an ordinance of this type. Motion Duclos, second Mayor pro tern Fishman. The motion carried, noting the absence of Bobko and DiVirgilio. 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) and (I) Mayor Tucker and (p) Duclos. City Council Minutes 11-23-10 Page 13059 Motion Fishman, second Mayor Tucker. The motion carried, noting the • absence of Bobko and DiVirgilio. • • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on November 9, 2010; and 2) Regular meeting held on November 9, 2010. Action: To approve, as presented, minutes of the Adjourned Regular meeting of the City Council held on October 26, 2010, and the Regular meeting held on October 26, 2010. (Bobko and DiVirgilio absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61377 THROUGH 61507. Action: To ratify the check register as presented. (Bobko and DiVirgilio absent) (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. (Bobko and DiVirgilio absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the October 2010 financial reports. (Bobko and DiVirgilio absent) (e) RECOMMENDATION TO ACCEPT DONATIONS OF $50 FROM MERCEDES FOSTER TO BE USED FOR SUPPLIES FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER; $100 FROM MERCEDES FOSTER TO BE USED TO PURCHASE A TELEVISION FOR THE HERMOSA BEACH SENIOR ACTIVITY CENTER; $300 FROM THE HERMOSA BEACH ROTARY CLUB FOUNDATION, INC. TO BE USED FOR A BICYCLE SAFETY BOOKLET; AND, $1,000 FROM DARLENE MOWREY TO BE USED FOR THE K-9 PROGRAM. Memorandum from Finance Director Viki Copeland dated November 15, 2010. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 11-23-10 Page 13060 • • (f) (g) Action: To accept the following donations: - $50.00 from Mercedes Foster to be used for supplies for the Hermosa Beach Senior Activity Center; $100.00 from Mercedes Foster to be used to purchase a television for the Hermosa Beach Senior Activity Center; - $300.00 from the Hermosa Beach Rotary Club Foundation, Inc. to be used for a Bicycle Safety Booklet; and, - $1,000.00 from Darlene Mowrey to be used for the K-9 Program. Motion Mayor Tucker, second Fishman. The motion carried, noting the absence of Bobko and DiVirgilio. RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING DATES FOR THE 2010-11 MIDYEAR BUDGET REVIEW AND THE 2011-12 BUDGET: MIDYEAR BUDGET REVIEW - TUESDAY, FEBRUARY 8, 2011 AT 7:00 P.M.; PRE -BUDGET MEETING WITH CITY COUNCIL - THURSDAY, FEBRUARY 24, 2011 AT 7:00 P.M.; AND, BUDGET WORKSHOP - THURSDAY, MAY 26, 2011 AT 7:00 P.M. Memorandum from Finance Director Viki Copeland dated October 25, 2010. Action: To receive and file the following dates for the 2010-11 Midyear Budget Review and the 2011-12 Budget: (1) Midyear Budget Review - Tuesday, February 8, 2011 at 7:00 p.m.; (2) Pre -Budget Meeting with City Council - Thursday, February 24, 2011 at 7:00 p.m.; and (3) Budget Workshop - Thursday, May 26, 2011 at 7:00 p.m. (Bobko and DiVirgilio absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF NOVEMBER 8, 2010. Action: To receive and file the action minutes of the Green Task Force meeting of November 8, 2010. (Bobko and DiVirgilio absent) (h) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR ROOF REPAIRS AT VARIOUS LOCATIONS TO BEST CONTRACTING SERVICES, INC. OF GARDENA, CALIFORNIA IN THE AMOUNT OF $35,250; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Interim Public Works Director Frank Senteno dated November 16, 2010. Action: To approve the staff recommendation to: (1) Award construction contract for roof repairs at various locations to Best Contracting Services, Inc. of Gardena, California in the amount of $35,250; City Council Minutes 11-23-10 Page 13061 • (i) (2) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the City Attorney; and (3) Authorize the Director of Public Works to make changes as necessary within the approved budget. (Bobko and DiVirgilio absent) RECOMMENDATION TO APPROVE SPEED HUMPS ON RAYMOND AVENUE AND ON 25TH STREET BETWEEN VALLEY DRIVE AND PARK AVENUE. Memorandum from Interim Public Works Director Frank Senteno dated November 16, 2010. Action: To approve speed humps on Raymond Avenue and on 25th Street between Valley Drive and Park Avenue, as recommended by staff. (Bobko and DiVirgilio absent) (j) RECOMMENDATION TO ACKNOWLEDGE THE DATE CHANGE FOR SNOWFEST TO DECEMBER 11, 2010. Memorandum from City Manager Stephen Burrell dated November 17, 2010. Action: To approve the staff recommendation to acknowledge the date change for Snowfest to December 11, 2010. (Bobko and DiVirgilio absent) (k) RECOMMENDATION TO APPROVE REQUEST FROM HERMOSA BEACH EDUCATION FOUNDATION TO WAIVE THE $480 BANNER FEE FOR THEIR 2011 HEARTS OF HERMOSA FUNDRAISING EVENT. Memorandum from City Manager Stephen Burrell dated November 17, 2010. (1) Action: To approve request from Hermosa Beach Education Foundation to waive the $480 banner fee for their 2011 Hearts of Hermosa fundraising event. (Bobko and DiVirgilio absent) RECOMMENDATION TO RATIFY/APPROVE THE FILING OF A GRANT APPLICATION FROM THE URBAN FARMING COMMUNITY GARDEN PROGRAM FOR A COMMUNITY GARDEN SITE AT BICENTENNIAL PARK AT 4TH STREET AND COCHISE STREET, ADJACENT TO THE GREENBELT. Memorandum from City Manager Stephen Burrell dated November 17, 2010. This item was removed from the consent calendar by Mayor Tucker, at the request of Jim Stevens, for separate discussion later in the meeting. City Manager Burrell presented the staff report and responded to Council questions. Councilmember Duclos also responded to questions. Coming forward to address the Council on this item were: Jim Stevens — Hermosa Beach, spoke in opposition to placing the garden in this park in his neighborhood due to the scarcity of parking and narrow City Council Minutes 11-23-10 Page 13062 • • (m) streets; said the residents near Bicentennial Park were not informed of the garden nor of this evening's meeting, noting that he learned of it only accidentally this morning; Ruth Rask — Hermosa Beach, who lived near the park, also spoke in opposition; Virginia Oaxaca — Hermosa Beach, said she had lived in this neighborhood for 30 years, spoke in opposition to using the park for a community garden; Kelly Moonan — Hermosa Beach, said she had lived near the park for 25 years and was opposed to its being used for a community garden; Romero Ramirez — owner of Alliance Auto Care near the park, said he had been in business in this location for nine years and opposed putting a community garden in the park; and Shawn Moonan — Hermosa Beach, spoke in opposition to the community garden being placed in Bicentennial Park. Action: To withdraw the request for the Council to ratify/approve the filing of a grant application from the Urban Farming Community Garden Program for a community garden site at Bicentennial Park at 4th Street and Cochise Street, adjacent to the Greenbelt. Motion Mayor Tucker, second Fishman. The motion carried, noting the absences of Bobko and DiVirgilio. RECOMMENDATION TO APPROVE PROJECT AND ACCEPT DONATION OF THE KITCHEN RENOVATION COORDINATED BY PROJECT TOUCH AND PROVIDED BY THE MANHATTAN BEACH ROTARY CLUB. Memorandum from City Manager Stephen Burrell dated November 17, 2010. Action: To approve project and accept donation of the Kitchen Renovation coordinated by Project Touch and provided by the Manhattan Beach Rotary Club. (Bobko and DiVirgilio absent) (n) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated November 17, 2010. Action: To receive and file Status Report of capital improvement projects that is either under design or construction. (Bobko and DiVirgilio absent) (o) RECOMMENDATION TO APPROVE DONATIONS OF $1,000 TO THE REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL GRAD NIGHT 2011 EVENTS. Memorandum from City Manager Stephen Burrell dated November 17, 2010. Action: To approve donations of $1000 to the Redondo Union High School and Mira Costa High School Grad Night 2011 events. (Bobko and DiVirgilio absent) City Council Minutes 11-23-10 Page 13063 (p) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 2010. (q) This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. City Manager Burrell responded to Council questions about actions taken by the Planning Commission which makes decisions that can be reviewed and reconsidered by the City council versus the draft minutes from the advisory commissions. City Attorney Jenkins also responded to Council questions. Action: To receive and file the action minutes of the Planning Commission meeting of November 16, 2010. Motion Duclos, second Fishman. The motion carried, noting the absences of Bobko and DiVirgilio. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF OCTOBER 20, 2010. Action: To receive and file the action minutes of the Public Works Commission meeting of October 20, 2010. (Bobko and DiVirgilio absent) • 3. CONSENT ORDINANCES - None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (I) 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 PLANNING COMMISSION ADOPTION OF A RESOLUTION DENYING A CONDITIONAL USE PERMIT AMENDMENT TO CHANGE FROM ON -SALE BEER AND WINE TO ON - SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 439 PIER AVENUE (BUONA VITA RESTAURANT). Memorandum from Community Development Director Ken Robertson dated November 15, 2010. The public hearing opened at 7:52 p.m. No one came forward to address the Council on this item. City Council Minutes 11-23-10 Page 13064 • Action: To continue the public hearing to December 14, 2010 when the full Council will be present. Motion Fishman, second Duclos. The motion carried, noting the absence of Bobko and DiVirgilio. b. TEXT AMENDMENT TO ALLOW MICROBREWERIES IN THE M-1 (LIGHT MANUFACTURING) ZONE AND ANY RELATED AMENDMENTS FOR CONSISTENCY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION ON M-1 PARCELS GENERALLY LOCATED WITHIN AN AREA BOUNDED BY SOUTH PARK, LOMA DRIVE, 8TH STREET AND THE GREENBELT (ACCESSED BY 6TH STREET, CYPRESS AVENUE AND VALLEY DRIVE) AND THE LOT OCCUPIED BY THE CITY PARKING LOT/HERMOSA SELF STORAGE AT 552 11TH PLACE. Memorandum from Community Development Director Ken Robertson dated November 15, 2010. The public hearing opened at 7:54 p.m. No one came forward to address the Council on this item. Action: To continue the public hearing to December 14, 2010 when the full Council will be present. Motion Fishman, second Duclos. The motion carried, noting the absence of Bobko and DiVirgilio. c. ADOPTION OF THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND GREEN BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS FOR HERMOSA BEACH. Memorandum from Community Development Director Ken Robertson dated November 16, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:56 p.m. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: (1) Waive full reading and adopt Ordinance No. 10-1315, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISED OF VARIOUS BUILDING AND OTHER CODES, AMENDING THE REQUIREMENTS OF PORTIONS OF SAID TITLE AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE," (2) Waive full reading and adopt Ordinance No. 10-1316, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING BY REFERENCE PART 11 OF TITLE 24 OF THE City Council Minutes 11-23-10 Page 13065 • • CALIFORNIA CODE OF REGULATIONS, KNOWN AS THE CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN), AMENDING PORTIONS OF SAID TITLE AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Fishman, second Mayor Tucker. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Duclos, Fishman, Mayor Tucker None Bobko, DiVirgilio None d. PROPOSED CHANGES AND IMPROVEMENTS TO THE BALL FIELDS AT CLARK FIELD. THE IMPROVEMENTS INCLUDE INSTALLATION OF SAFETY FENCING AND NETTING ON THE SOUTHERN SIDE OF THE FIELD, IMPROVEMENTS TO THE YOUTH SIZE BASEBALUSOFTBALL DIAMOND ALONG WITH DUGOUTS IN THE SOUTHEAST CORNER OF THE FIELD. The public hearing opened at 7:59 p.m. No one came forward to address the Council on this item. Action: To continue the public hearing to December 14, 2010 when the full Council will be present. Motion Fishman, second Duclos. The motion carried, noting the absence of Bobko and DiVirgilio. 6. MUNICIPAL MATTERS a. PETITION TO KEEP TENT STRUCTURE AT 1411 PROSPECT AVENUE RIGHT-OF-WAY. Memorandum from Interim Public Works Director Frank Senteno dated November 17, 2010. Interim Public Works Director Senteno presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: William Ethan Cramer - applicant and property owner, referred to the letter he submitted to the City explaining his reasons for erecting the tent in the public right-of-way to house his classic car; said he thought it was the perfect solution due to the unusual circumstances on his property and said he had the support of his neighbors; and John Zeus - Hermosa Beach, said if Mr. Kramer put the tent on his property, it would decrease his garden space, a green element on his property. City Council Minutes 11-23-10 Page 13066 • • Action: To approve the staff recommendation to deny the request of the resident at 1411 Prospect Avenue and order the removal of the tent structure currently in the Prospect Avenue right-of-way. Motion Mayor Tucker, second Fishman. The motion carried, noting the absence of Bobko and DiVirgilio. At 8:35 p.m., the order of the agenda went to item 4(a) consent calendar items removed for separate discussion, beginning with item 2(I). b. ADOPTION OF RESOLUTION AMENDING THE CITY'S PARKING VIOLATION BAIL SCHEDULE ADDING THE $3.00 TRIAL COURT TRUST FUND PENALTY REQUIRED BY SB 857. Memorandum from Finance Director Viki Copeland dated November 18, 2010. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 10- 6724, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S PARKING VIOLATION BAIL SCHEDULE ADDING THE $3.00 TRIAL COURT TRUST FUND PENALTY REQUIRED BY SB 857." Motion Duclos, second Fishman. The motion carried, noting the absence of Bobko and DiVirgilio. 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 Tucker to direct staff to have the Public Works Commission study installation of one way streets in the area between Morningside Drive and Valley Drive and Longfellow Avenue and 27th Street. Mayor Tucker spoke to his request. Action: To agendize the matter for discussion at a future Council meeting Motion Mayor Tucker, supported by Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Sean Kelly, on Tuesday, November 23, 2010, at the hour of 9:11 p.m. to a Regular meeting to be held December 14, 2010, at 6:00 p.m. City Council Minutes 7 p ty City Clerk 11-23-10 Page 13067 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, December 14, 2010, at the hour of 6:03 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 23, 2010. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Hermosa Beach Police Officers Association; Hermosa Beach Fire Association v. City of Hermosa Beach Case Number: YC062967 City Council Minutes 12-14-10 Page 13068 • Anticipated Litigation: a. Government Code Section 54956.9(b)(3)(E) A point has been reached where, in the opinion of the Council on the advice of its legal counsel, there is significant exposure to litigation against the City: Number of potential cases: 1 b. Government Code Section 54956.9(b)(3)(C) A point has been reached where, in the opinion of the Council on the advice of its legal counsel, there is significant exposure to litigation against the City: Receipt of claim from AT&T for refund of utility user taxes ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 14, 2010, at the hour of 6:04 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 7:13 p.m. • PLEDGE OF ALLEGIANCE — Steve Collins ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there was one public comment before adjournment into the closed session; items on the agenda were discussed and there were no reportable actions. He noted Council's tradition of singing holiday songs at the end of the last meeting of the year, but that this year the singing would be at the beginning of the meeting, enhanced by the Mira Costa High School Vocal Ensemble led by Michael Hayden. ANNOUNCEMENTS — Councilmember Duclos wished all a joyous holiday season and a prosperous new year. Mayor pro tem Fishman added his wishes for happy holidays; showed a "Beautiful Hermosa Beach" license plate frame being sold by the Historical Society; and read an excerpt from a resident's letter praising the City's Building Department. Councilmember Bobko said on December 2 he represented the City at an Environmental Protection Agency 40th Anniversary celebration at which Hermosa Beach was presented an award for the water filtration system associated with the City Council Minutes 12-14-10 Page 13069 • • Upper Pier Avenue Project. He thanked residents who had the professional expertise to help with this project as well as businesses assisting the City in these tough economic times to provide services the City was dropping from its budget and even enhancing the holiday activities with the First Annual Snowfest. Mayor Tucker wished everyone a Merry Christmas and a Happy New Year; thanked Spyder Surfboards for sponsoring the Snowfest and creating a great holiday feeling; thanked businesses and residents for their support over this difficult budget year; said the City would continue providing the best service possible; invited the community to the annual Beach Cities Toy Drive wrapping party at the Manhattan Beach Joslyn Center at 11 a.m. Saturday, December 18; mentioned a second award from the American Public Works Association for the beach infiltration system which gathers storm water and filters it back into the aquifer instead of the ocean. Councilmember DiVirgilio thanked Mayor Tucker for providing the poinsettias adorning the Council Chambers which then were given to City staff as appreciation for their hard work and dedication. PRESENTATIONS ANNOUNCEMENT OF THE WINNER OF THE PARKING PERMIT ART CONTEST Mayor Tucker announced that Tom Graner was the contest winner and his photograph would appear on the parking permit. This photo was taken by his neighbor and recent Hermosa Beach retiree Mike Flaherty, paddling out to the USS Elliott port of call in 2000. Mayor Tucker congratulated everyone who submitted an entry and encouraged residents to start thinking about what they might submit for next year's contest. PRESENTATION BY TODD LOEWENSTEIN OF THE BAIKU BIKE TRANSPORTATION SYSTEM Steve Svajian and Todd Loewenstein presented a PowerPoint presentation and described the program offering a monthly subscription to use their bikes as transportation, picking up a bike at one station, dropping it off at another and then returning on a third different bike to their original location. They stressed that their system was intended for residents, rather than tourists, who are currently served by local businesses. Mayor pro tem Fishman noted that he had received correspondence from local bike shops indicating their concern and suggested Mr. Svajian and Loewenstein contact the bike shops to discuss mutual cooperation. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS City Council Minutes 12-14-10 Page 13070 • There were no written communications this evening. • Coming forward to address the Council at this time were: Mario Alvarez — Hermosa Beach, presented information and discussed his problems with Ocean Tire, adjacent to his home; Dan Rosinsky — Ocean Tire, said the photographs submitted by Mr. Alvarez were very old and that all problems had been resolved; said he would work with the City if there were further issues and encouraged Mr. Alvarez to speak directly to him; Judy Garland — Hermosa Beach, referred to an email she had sent to the City regarding rising crime statistics, urged the City Council to investigate what could be done to reduce crime (Mayor Tucker said he would ask Police Chief Savelli to provide additional information); Andrea Jacobsson — Jama Autohaus, felt the City's fire inspection fees for auto related businesses are unfair and asked the Council to agendize a discussion of consistency in fees charged to local businesses (City Attorney Jenkins explained the fee required by law and City Manager Burrell suggested the speaker attend Business License Tax Review Committee meetings on the third Monday evening of each month); Bob Hoffman — Hermosa Beach business owner, agreed with the previous speaker about the unfairness of the fee; Steve Collins — Hermosa Cyclery, thanked Mayor pro tern Fishman for noting local bike shop concerns about the Baiku Bike Transportation System, citing unfair competition with current local bike rental shops since rental of a business site was not needed; said the Strand location would attract tourists; agreed to talk to Baiku; Julian Katz — Hermosa Beach, said he was a bicycle advocate but thought the Baiku Bike Transportation System required more study before it is considered for approval; Richard O'Reilly — Spyder Surfboards, thanked the Council for allowing them to sponsor Snowfest and hoped to repeat the event the following year; Sandy Saemann — Hermosa Beach, said it was not fair to local businesses to allow a Baiku Bike Transportation System station on the Strand; said it should be at a location more likely to attract residents wishing to use bikes as transportation for commuting to work or to run errands; and Brian Hitchcock — asked what information the Council had been given to support the recommendation to deny his claim which appeared on the consent calendar (City Attorney Jenkins said public participation allows for public comments but not for Council responses). 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 (d) and (g) Mayor Tucker, (h) Duclos, and (i) Fishman. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. City Council Minutes 12-14-10 Page 13071 • a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 23, 2010. • • Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on November 23, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61508 THROUGH 61709. Action: To ratify the check register as presented, and to approve the cancellation of check number 51482 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 the City Council Directives, as recommended by staff. (d) RECOMMENDATION TO ACCEPT DONATIONS OF $300.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR MAINTENANCE OF THE VETERANS' MEMORIAL; $1,650.00 FROM THE HERMOSA BEACH KIWANIS FOUNDATION TO BE USED FOR MAINTENANCE OF THE VETERANS' MEMORIAL; $2,300.00 FROM ERIC CHOI TO BE USED FOR THE PURCHASE OF TASERS AND EVIDENCE KITS; AND, $920.46 FROM VARIOUS DONORS AND RUMMAGE SALE PROCEEDS TO BE USED FOR THE PURCHASE OF A TELEVISION FOR THE HERMOSA SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated December 6, 2010. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To continue the item to a future meeting due to the lateness of the hour this evening. Motion Bobko, second Mayor Tucker. 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 City Manager Stephen Burrell dated December 7, 2010. Claimant: Hitchcock, Brian Date of Loss: 06-08-10 Date Filed: 10-28-10 City Council Minutes 12-14-10 Page 13072 • (f) (g) Allegation: Property damage, personal injury Action: To deny the claim, as recommended by staff, and refer it to the City's Liability Claims Administrator. RECOMMENDATION TO APPROVE OF THE CHANGES TO THE CLASS SPECIFICATION FOR POLICE SERVICE OFFICER SUPERVISOR. Memorandum from City Manager Stephen Burrell dated December 6, 2010. Action: To approve of the changes to the class specification for Police Service Officer Supervisor, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 1, 2010. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. Action: To request a Council review and reconsideration of item 8 on the Planning Commission minutes — Parking Plan and Precise Development Plan amendments at 338 and 400 Pier Avenue. Motion Mayor Tucker, supported by Fishman. Further Action: To receive and file the action minutes of the Planning Commission meeting of December 1, 2010. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. At 1:17 a.m., items 2(d), 2(i), 6(a) and 6(b) were continued to a future meeting due to the lateness of the hour (by motion of Bobko, seconded by Mayor Tucker, and unanimously carried), and the order of the agenda went to Adjournment. (h) RECOMMENDATION TO ADOPT A RESOLUTION CONFIRMING THAT "TUTORING SERVICES" IS SIMILAR TO OFFICE USES PERMITTED IN THE C-1, C-2, C-3 AND SPA -11 ZONES. Memorandum from Community Development Director Ken Robertson dated December 6, 2010. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. Coming forward to address the Council on this item was: Laura Borcich — said she was interested in providing tutoring services, confirmed the tutors would be fully credentialed and their backgrounds thoroughly investigated. Action: To approve the staff recommendation to adopt Resolution No. 10- 6726, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes 12-14-10 Page 13073 • • • HERMOSA BEACH, CALIFORNIA, CONFIRMING THAT `TUTORING SERVICES' IS SIMILAR TO OTHER USES PERMITTED IN C-1, C- 2, C-3 (AND ZONES THAT ALLOW C-3 UAWA) AND SPA -11 ZONES WITHOUT A CONDITIONAL USE PERMIT," with direction to staff to explore minimum safety standards consistent with what might be done with a private school, and direction to the City Attorney to investigate whether the City has the basis to add a Code requirement for background checks and other items. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. At 1:15 a.m., the order of the agenda went to pulled consent calendar item 2(g). (i) RECOMMENDATION TO RECEIVE AND FILE REPORT ON CIP 08-127 — CITYWIDE STREET IMPROVEMENTS AT VARIOUS LOCATIONS. Memorandum from Interim Public Works Director Frank Senteno dated December 7, 2010. This item was removed from the consent calendar by Mayor pro tern Fishman for separate discussion later in the meeting. Action: To continue this item to a future meeting due to the lateness of the hour this evening. Motion Bobko, second Mayor Tucker. The motion carried by a unanimous vote. (j) RECOMMENDATION TO DENY THE CLAIM FROM AT&T MOBILITY FOR REFUND OF TAX ATTRIBUTABLE TO INTERNET ACCESS SERVICES IN THE AMOUNT OF $170,944.89. Memorandum from Finance Director Viki Copeland dated December 3, 2010. Action: To deny the claim from AT&T Mobility for refund of tax attributable to internet access services in the amount of $170,944.89, as recommended by staff. (k) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS TO UPGRADE THE CRIME DATA WEB SITE CRIMEREPORTS. COM AND INSTALL NEW TECHNOLOGY LED SPOTLIGHT BULBS AT THE COST OF $5,085.95. Memorandum from Police Chief Greg Savelli. Action: To authorize the appropriation of COPS funds to upgrade the crime data web site CrimeReports.com and install new technology LED spotlight bulbs at the cost of $5,085.95, as recommended by staff. At 8:27 p.m., the order of the agenda went to item 5(a). 3. CONSENT ORDINANCES - None City Council Minutes 12-14-10 Page 13074 • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • • Items 2(d), (g), (h) 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 ADOPTION OF A RESOLUTION DENYING A CONDITIONAL USE PERMIT AMENDMENT TO CHANGE FROM ON -SALE BEER AND WINE TO ON - SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 439 PIER AVENUE (BUONA VITA RESTAURANT). Memorandum from Community Development Director Ken Robertson dated December 2, 2010. Supplemental correspondence from Judy Garland, Catherine Farquharson and Councilmember DiVirgilio, all three received on December 14, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:37 p.m. Coming forward to address the Council on this item were: Dino and Lea Capalidi — Buona Vita Restaurant owners, said theirs was a 20 - year family restaurant, not a bar or nightclub, and they hoped full alcohol would enhance their menu by giving their customers additional choices; said they would abide by a 50-50 alcohol -to -food -sold ratio and were willing to close at 10 p.m. seven nights a week instead of 11 p.m. as currently permitted; agreed to reduce the size of their bar by half and the number of televisions; said they had always run their business with integrity and caused no problems for the City; said after they applied for full alcohol to the Planning Commission they won in the Alcoholic Beverage Control Department's lottery a free liquor license that had to be claimed by the end of January 2011; Maggie & Alistair Miller — Hermosa Beach, opposed full alcohol service at the restaurant because they feared an increase of the problems caused by people walking back from the Pier Plaza bars such as public urination, a shootout which resulted in a person walking into their home, theft of an expensive car cover and beer bottles thrown at their garage; Sally Liu — Hermosa Beach, presented a petition signed in opposition to full alcohol service at the restaurant; said residents were promised that the area would remain family oriented when Upper Pier was renovated; was concerned a subsequent business owner at that location would want to stay open until 2;00 a.m.; City Council Minutes 12-14-10 Page 13075 • • s Laura Raymond - Hermosa Beach, supported the Planning Commission's decision to deny full alcohol; asked the Councilmembers who pledged to keep Upper Pier Avenue family friendly to uphold their campaign promises; Judy Garland - Hermosa Beach, said she liked Buona Vita but did not support their request for full alcohol; said with their good food and service, they would continue to be successful; Janice Yates - Hermosa Beach, Marineland Mobile Home Park resident, said she wanted to maintain Upper Pier as a family oriented area; felt that giving Buona Vita full alcohol would be the beginning of "bar creep" up from Pier Plaza to Upper Pier; Sue Yuzo - Hermosa Beach, spoke in support of Buona Vita's request for full alcohol service; Kirk Millett - Hermosa Beach, spoke in support of Buona Vita's request for full alcohol service; Sandy Saemann - Hermosa Beach, spoke in opposition to allowing full alcohol at Buona Vita; urged the Council to consider a moratorium on any more liquor licenses west of Valley Drive; Fabio Olina - Hermosa Beach, spoke in support of Buona Vita's request for full alcohol service; Dino and Lea Capalidi - Buona Vita Restaurant owners, spoke in rebuttal, reiterating their desire to give more choices to their customers who did not like beer or wine; said they had also submitted a petition with more than 400 signatures in support of their request; said they were parents also and did not feel this change would affect their family -friendly restaurant; said they had no intention of selling their businesses and if the Conditional Use Permit was re -written, a new owner would not be able to stay open later than 10 p.m. The public hearing was closed at 9:12 p.m. Action: To approve the staff recommendation to adopt Resolution No. 10-6725, 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 AMENDMENT FOR ON -SALE GENERAL ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN EXISTING RESTAURANT, AT 439 PIER AVENUE, "BUONA VITA," LEGALLY DESCRIBED AS LOTS 26 AND 27, HISS' ADDITION TO HERMOSA BEACH." Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. Further Action: To direct staff to schedule at a future meeting a policy discussion regarding ways to reduce existing used and unused hours, to cap the number of restaurants with alcohol rights on Upper Pier Avenue, and other related issues. City Council Minutes 12-14-10 Page 13076 • Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 9:58 p.m. The meeting reconvened at 10:15 p.m. b. TEXT AMENDMENT TO ALLOW MICROBREWERIES IN THE M-1 (LIGHT MANUFACTURING) ZONE AND ANY RELATED AMENDMENTS FOR CONSISTENCY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION ON M-1 PARCELS GENERALLY LOCATED WITHIN AN AREA BOUNDED BY SOUTH PARK, LOMA DRIVE, 8TH STREET AND THE GREENBELT (ACCESSED BY 6TH STREET, CYPRESS AVENUE AND VALLEY DRIVE) AND THE LOT OCCUPIED BY THE CITY PARKING LOT/HERMOSA SELF STORAGE AT 552 11TH PLACE. Memorandum from Community Development Director Ken Robertson dated December 2, 2010. A supplemental revised ordinance from staff and supplemental correspondence from Howard Longacre, both received December 14, 2010. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell, City Attorney Jenkins and Senior Planner Pam Townsend also responded to Council questions. The public hearing opened at 10:44 p.m. Coming forward to address the Council on this item were: Jeff Parker — spoke of his interest in opening a microbrewery in Hermosa Beach; described the Anchor Steam microbrewery established in 1896 in a community about the same size in the area of San Francisco; in response to Council questions, detailed the process of brewing beer in a microbrewery, expressing his opinion about the lack of bad odors and minimal noise; said laws required immediate removal of residue; said he would need to brew 2,500 barrels annual to make a profit; Sandy Saemann — Hermosa Beach, said he had a license to brew beer and in his opinion the process produced a bad odor and much noise; knew of the microbrewery Mr. Parker mentioned and said it is a part of the heritage of the bay area but did not believe such a facility belonged in Hermosa Beach; and Jeff Parker— in rebuttal, said he stands by his previous testimony. The public hearing was closed at 11:15 p.m. Proposed Action: To receive and file the proposed text amendment report. Motion Duclos, second Mayor Tucker. The motion failed, noting the dissenting votes of Bobko, DiVirgilio and Fishman. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1318, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW City Council Minutes 12-14-10 Page 13077 • • • MICROBREWERIES IN THE LIGHT MANUFACTURING (M-1) ZONE AND ADOPT AN ENVIRONMENTAL NEGATIVE DECLARATION," as amended this evening to reduce the maximum number of barrels allowed for production to 4,000 annually. Motion Bobko, second Fishman. The motion carried, noting the dissenting vote of Duclos. The meeting recessed at 11:40 p.m. The meeting reconvened at 11:47 p.m., with item 6(c). c. PROPOSED CHANGES AND IMPROVEMENTS TO THE BALL FIELDS AT CLARK FIELD. THE IMPROVEMENTS INCLUDE INSTALLATION OF SAFETY FENCING AND NETTING ON THE SOUTHERN SIDE OF THE FIELD, IMPROVEMENTS TO THE YOUTH SIZE BASEBALL/SOFTBALL DIAMOND ALONG WITH DUGOUTS IN THE SOUTHEAST CORNER OF THE FIELD. Memorandum from City Manager Stephen Burrell dated December 9, 2010. Supplemental correspondence received from Hermosa Beach Little League Vice President Scott Manclark, AYSO Commissioner Bill Fahey, and Parks & Recreation Commissioner Bob Rosenfeld, all three received December 14, 2010. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 12:01 a.m. Coming forward to address the Council on this item were: Bill Fahey - AYSO Commissioner, spoke of his surprise at the high cost of replacing the sod to convert the area into a soccer field; said Valley Park is not acceptable, and his board would not agree to pay for re - sodding Clark Field until they have a firm cost; said Little League agreed to fund the cost for the first two years but if they did not help after that, AYSO would be forced to pay the cost alone; Byron Noquchi - Assistant Regional AYSO Commissioner, said other fields are too small or have safety issues; said they agreed to the concept but not the details, noting they had no information about where the backstops or dugouts would be; said the field must be safe for soccer and running from grass onto dirt is dangerous; Bill Power - said he coached both sports and even though most kids will play soccer for a longer period of time, be urged the Council to approve putting in another baseball field at Clark Field; said playing soccer on dirt is not the best but it has been done; thought the location of the dugouts should not make a difference; Richard O'Reilly - Hermosa Beach, said he had played at Clark Field and now his son does; said the high school soccer team plays on dirt sometimes even though it is not ideal; said this was an opportunity to get another baseball field with no cost to the City and Little League City Council Minutes 12-14-10 Page 13078 • had several ideas to accommodate soccer; felt the proposed plan would accommodate both sports; Scott Manclark — Little League President, spoke of the urgency of the situation; said he shared details of the proposed plan with Russ Allen, his AYSO counterpart who was concerned about playing soccer on dirt, noting they had proposed several plans that AYSO rejected; said AYSO and Little League finally decided to try the grass replacement plan for two years to see if it would work; said Little League needs to be ready to play on March 5, 2011 and the contractor says the work must start now to be ready by then; Mark Auville — Hermosa Beach Little League President, discussed testimony given at the October 5 Parks and Recreation Commission meeting and the conflict between the two organizations; Darci Horton — Hermosa Beach soccer mom, said she preferred Clark Field over South Park or Valley Park because it is more level and has better drainage and fewer potholes, resulting in less injuries; thought funding and compromise was possible to accommodate both sports; and Michael Baer — Little League Past President; said AYSO does not want any change and was not negotiating in good faith to accomplish their goal; said the proposed plan would be a great asset for Hermosa Beach at no cost to the City. The public hearing was closed at 12:50 a.m. Action: To allow the Little League to proceed with field renovation contingent on the Little League's paying $5,000 per year for two years and its continued effort to negotiate with AYSO. Motion Tucker, second Duclos. The motion carried by a unanimous vote. At 12:58 a.m., the order of the agenda went to item 6(c) 6. MUNICIPAL MATTERS a. OPTIONS TO IMPROVE THE ANNUAL REVIEW OF ON -SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS. Memorandum from Community Development Director Ken Robertson dated December 2, 2010. Action: To continue the item to a future meeting because of the lateness of the hour this evening. Motion Bobko, second Mayor Tucker. The motion carried by a unanimous vote. b. DISCUSSION OF EXTENDING OR RESTRUCTURING THE GREEN TASK FORCE. Memorandum from Community Development Director Ken Robertson dated December 6, 2010. Supplemental correspondence from Green Task Force Chair Philip R. Friedl received on December 14, 2010. City Council Minutes 12-14-10 Page 13079 • • Action: To continue the item to a future meeting because of the lateness of the hour this evening. Motion Bobko, second Mayor Tucker. The motion carried by a unanimous vote. c. MUNICIPAL CODE AMENDMENT TO AMEND CHAPTER 8.04 (HEALTH AND SAFETY) REGARDING TATTOO/BODY ART ESTABLISHMENTS AS AN URGENCY MEASURE. Memorandum from Community Development Director Ken Robertson dated December 8, 2010. Coming forward to address the Council on this item was: John Yanney — attorney representing Mr. Esposito and Mr. Casiopal who wish to open the Hermosa Beach Tattoo Company, said he would not like to see a constitutionally valid court decision made unconstitutional by the City's density restrictions. Action: To approve the staff recommendation to waive full reading and adopt Ordinance No. 10-13170 , entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE MUNICIPAL CODE TO ADOPT CHAPTER 11.36 OF DIVISION 1 OF TITLE 11, AS AMENDED OF THE LOS ANGELES COUNTY HEALTH CODE (TATTOO/BODY ART ESTABLISHMENTS) AND DECLARING THE URGENCY THEREOF." Motion Fishman, second Tucker. The motion carried by the following vote: AYES: Bobko, Duclos, DiVirgilio, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None At 1:11 a.m., the order of the agenda went to pulled consent calendar item 2(h). 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 Wednesday, December 15, 2010, at the hour of 1:18 a.m. to a Regular meeting to be held on January 11, 2011, at 6:00 p.m. City Clerk City Deviuty City Cle 12-14-10 cil Minutes Page 13080 • • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 11, 2011, at the hour of 6:04 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 December 14, 2010. 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: Negotiating Parties: Under negotiation: b. Property: Negotiating Parties: Under Negotiation: West of intersection of 2nd Street and Beach Drive Stephen Burrell & GU Holdings, Inc. Terms of payment 51 Pier Avenue Stephen Burrell & Fat Face Fenner's Fishack Price & Terms of Payment City Council Minutes 01-11-11 Page 13081 • • • 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Hermosa Beach Police Officers Association; Hermosa Beach Fire Association v. City of Hermosa Beach Case Number: YC062967 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 11, 2011, at the hour of 6:05 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 7:04 p.m. PLEDGE OF ALLEGIANCE — Kathy Dunbabin ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments, with the bulk of the discussion about labor negotiations; said the Council was informed there will be a status conference on Friday, January 14, for the Macpherson case; said there were no reportable actions. ANNOUNCEMENTS — Councilmember Duclos discussed the Vitality City program, in which Hermosa Beach, Redondo Beach, and Manhattan Beach are participating; said information regarding Vitality City focus groups sponsored by the Beach Cities Health District is available at the District's website. Mayor pro tem Fishman invited the community to a South Bay Bicycle Master Plan Open House at the Clark Building on Tuesday, January 18, at 7:30 p.m., and City Council Minutes 01-11-11 Page 13082 announced a Hazardous Household and E -Waste Roundup at Clark Stadium on • Saturday, January 22, from 9:00 a.m. to 3:00 p.m. • • Mayor Tucker wished everyone a Happy New Year and said in 2011 the City would continue to have financial challenges, with more budget cuts and an ongoing effort to maintain services. He asked that tonight's meeting be adjourned in memory of two Hermosa Beach residents who recently passed away, Terry Honeycutt and Jim Deutsch. Councilmember Bobko requested that his fellow Councilmembers support his motion to table indefinitely item numbers 1 and 2 of public hearing 5a on tonight's agenda, the discussion of increasing resident parking permits, with item numbers 3 through 6 to be continued to a later meeting and item 7 added for discussion of recreational vehicle parking. Action was taken at this time but recorded where item 5a appears in the agenda. The meeting recessed at 7:37 p.m. The meeting reconvened at 7:45 p.m. PRESENTATIONS ACCEPTANCE OF GYM FLOOR DONATION City Manager Burrell introduced Carol Russell, who was instrumental in acquiring this donation as a Leadership Hermosa project. Carol Russell came forward and described the 2008-2009 Leadership Hermosa project, thanked City staff for their assistance and distributed before and after photographs of the gym floor. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Carol Stoneage — Hermosa Beach, asked on whose authority was the permit fee increase notice sent and who paid for the mailing; Tom Nyland — Hermosa Beach, said after the Bayview undergrounding project was complete, resurfacing of all streets affected was not complete and he asked the Council to look into this; Judy Garland — Hermosa Beach, said it was unfortunate the Rajin Cajun, which had brought worldwide recognition to Hermosa Beach, was being relocated to El Segundo, forced out by a greedy landlord who would now bring a bar to Upper Pier Avenue; City Council Minutes 01-11-11 Page 13083 • • Carol Brown - Hermosa Beach, said parking in her area was changed for enforcement until midnight and she had never received a notice to allow her to register a complaint; said enforcement until midnight was not necessary in her neighborhood since it was not near the pier; she asked to whom she should report potholes; Paul Wolfe - Hermosa Beach, said after the new parking machines in the parking structure and the lot near Spyder would not accept a credit card or coins, he walked from home to the restaurant where his wife and daughter had waited for 40 minutes; said he saw many people park without paying, causing the City lost parking revenue; Lou Morris - Hermosa Beach, complimented the City on a quick repair of a leaky faucet in a South Park restroom; however, said the parking lot at that location had a fascia board along the building that badly needed painting; asked about the status of the hockey rink and said this is wasted space the children could be using; Moneca Vance - Hermosa Beach, commended the City on the beautiful senior center and complimented the staff manning it; Ivan Stoneage - Hermosa Beach, said he was proud of the completed Upper Pier project; asked if flashing lights could be installed at the crosswalks; Brian Murphy - Hermosa Beach, opposed higher residential parking permit fees; when the Council advised him the issue had been tabled indefinitely, he apologized for not knowing as he arrived late; Julian Gothard - Hermosa Beach, said parents often triple park when picking up students at Robinson School in Manhattan Beach, which borders on Hermosa Beach, making it impossible for Hermosa residents to find parking; asked if the parking permit program could be amended to require residential permits for this area; said he stored his recreational vehicle in El Segundo, parking in front of his house briefly before or aftera trip and did not feel he should have to buy two permits; Wanda Gothard - Hermosa Beach, said she had been a resident since 1963 and her street had never been resurfaced; asked who on the Council had proposed increasing residential parking permit fees: Lou Morris - Hermosa Beach, came forward again and asked specifically who on the Council had proposed the raise in the parking permits and who had opposed the concept; Barbara Dollerson - Hermosa Beach, said better parking enforcement would increase revenue; Geoff Hirsch - Hermosa Beach, said a stop sign in the alley behind Upper Pier had controlled speeding; said there were potholes which should be repaired immediately, aside from the street paving program; and Sandy Saemann - Hermosa Beach, said it was wrong that some businesses have had their occupancy levels increased with no additional parking required. • 2. CONSENT CALENDAR: City Council Minutes 01-11-11 Page 13084 • • • 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(g) Mayor Tucker. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. At 8:32 p.m., the order of the agenda went to Public Hearing Item 5(b) a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 14, 2010. Action: To approve minutes, as presented, minutes of the Regular meeting of the City Council held on December 14, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61710 THROUGH 61912. Action: To ratify the check register as presented and to approve the cancellation of check number 51358 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: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2010 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the November 2010 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 December 27, 2010. Claimant: Ritenour, Mary Date of Loss: 07-03-10 Date Filed: 11-15-10 Allegation: Personal Injury Action: To deny the claim and refer it to the City's Liability Claims Administrator. City Council Minutes 01-11-11 Page 13085 (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 7, 2010. (g) • Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 7, 2010. RECOMMENDATION TO ACCEPT DONATIONS TOTALING $70.00 FROM CAROL BARKOVSKY ($25.00), KAYLE SCOTT ($10.00), KATEE KIRK ($10.00) AND DALIA DIAZ-JIMENEZ ($25.00) TO BE USED FOR THE PURCHASE OF A TELEVISION FOR THE HERMOSA SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated December 30, 2010. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - Donations totaling $70.00 from Carol Barkovsky ($25.00), Kayle Scott ($10.00), Katee Kirk ($10.00) and Dalia Diaz -Jimenez ($25.00) to be used for the purchase of a television for the Hermosa Senior Activity Center. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. (h) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS TO UPDATE THE COMPUTER SYSTEM AND MEMORY TO HANDLE THE VOICE RECORDINGS AND LICENSE PLATE READER SYSTEM, PURCHASE ADDITIONAL TRAINING MATS FOR SAFETY, AND ADD SIDE WALLS TO OUR POP-UP TENTS TO SECURE CRIME SCENES. Memorandum from Police Chief Greg Savelli. (1) • Action: To authorize the appropriation of COPS funds to update the computer system and memory to handle the voice recordings and license plate reader system, purchase additional training mats for safety, and add side walls to our pop-up tents to secure crime scenes. $8,550.07 is needed for these purchases. RECOMMENDATION TO ACCEPT THE BIDS FOR RESURFACING THE JAIL FLOORS AND AWARD THE BID TO DURAFLOOR IN THE AMOUNT OF $12,000.00. Memorandum from Police Chief Greg Savelli. Action: To accept the bids for resurfacing the jail floors and award the bid to DuraFloor in the amount of $12,000.00. City Council Minutes 01-11-11 Page 13086 • (j) RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED FOR THE POLICE DEPARTMENT'S DIGITAL VIDEO JAIL SURVEILLANCE SYSTEM AND AUTHORIZE THE DEPARTMENT TO ISSUE A REVISED RFP THAT MORE ACCURATELY SPECIFIES OUR REQUIREMENTS. Memorandum from Police Chief Greg Savelli. Action: To approve the staff recommendation to: (1) Reject all proposals received for the Police Department's Digital Video Jail Surveillance System; and (2) Authorize the Department to issue a revised RFP that more accurately specifies our requirements. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF NOVEMBER 1, 2010. (1) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 1, 2010. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF DECEMBER 15, 2010. • Action: To receive and file the action minutes of the Public Works Commission meeting of December 15, 2010. (m) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated January 5, 2011. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1318 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW MICROBREWERIES IN THE LIGHT MANUFACTURING (M-1) ZONE AND ADOPT AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 4, 2011. Action: To waive full reading and adopt Ordinance No. 11-1318 Motion Bobko, second Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Fishman NOES: Duclos, Mayor Tucker ABSENT: None City Council Minutes 01-11-11 Page 13087 • • • ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION a. RECOMMENDATION TO ACCEPT DONATIONS OF $300.00 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR MAINTENANCE OF THE VETERANS' MEMORIAL; $1,650.00 FROM THE HERMOSA BEACH KIWANIS FOUNDATION TO BE USED FOR MAINTENANCE OF THE VETERANS' MEMORIAL; $2,300.00 FROM ERIC CHOI TO BE USED FOR THE PURCHASE OF TASERS AND EVIDENCE KITS; AND, $920.46 FROM VARIOUS DONORS AND RUMMAGE SALE PROCEEDS TO BE USED FOR THE PURCHASE OF A TELEVISION FOR THE HERMOSA SENIOR ACTIVITY CENTER. (Continued from meeting of December 14, 2010) Memorandum from Finance Director Viki Copeland dated December 6, 2010. Action: To accept the following donations: - $300.00 from the Woman's Club of Hermosa Beach to be used for maintenance of the Veterans' Memorial; - $1,650.00 from the Hermosa Beach Kiwanis Foundation to be used for maintenance of the Veterans' Memorial; - $2,300.00 from Eric Choi to be used for the purchase of Tasers and evidence kits; and, - $920.46 from various donors and rummage sale proceeds to be used for the purchase of a television for the Hermosa Senior Activity Center. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. 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. CONSIDER MAKING CHANGES TO THE PREFERENTIAL PARKING PROGRAM AS FOLLOWS: 1. INCREASE THE RESIDENT PARKING PERMIT FEE FROM $40 TO $100 FOR THE FIRST PERMIT, $100 FOR THE SECOND PERMIT, $200 FOR THE THIRD PERMIT, $300 FOR EACH ADDITIONAL PERMIT. 2. INCREASE THE GUEST PERMIT FEE FROM $40 TO $300 FOR EACH GUEST PERMIT. City Council Minutes 01-11-11 Page 13088 • • 3. VEHICLES WITH OUT-OF-STATE REGISTRATION WILL NOT BE ISSUED PARKING PERMITS, UNLESS THE VEHICLE OWNER IS A STUDENT OR IN THE MILITARY, OR HAS DUAL RESIDENCY. 4. INCREASE DRIVEWAY PERMIT FEE FROM $44 TO $54 TO PARK ON THE STREET IN FRONT OF THE OWNER'S DRIVEWAY. THIS IS A ONE-TIME FEE AND DOES NOT AFFECT CURRENT PERMIT HOLDERS. 5. INCREASE THE FEE FOR DAILY PASSES FROM $6 TO $10 EACH FROM 8:00 A.M. TO 5:00 P.M.. 6. EMPLOYEE PERMIT FEES (CURRENTLY $143) MAY ALSO BE DISCUSSED. Action: To continue 5a, item numbers 3 through 6, to add item number 7 (a discussion of recreational vehicle parking) and to discuss parking permit program policies at that time. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. Further Action: To table indefinitely item 5a, item numbers 1 and 2 and to maintain current resident parking permit fees. Motion Bobko, second Mayor Tucker. The motion carried by a unanimous vote. b. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION ADOPTION OF A RESOLUTION APPROVING A PARKING PLAN AMENDMENT TO CHANGE THE ALLOCATION OF USES FROM A MIX OF RETAIL, STORAGE, OFFICE AND SNACK SHOP TO ALL OFFICE WITH LESS THAN REQUIRED PARKING, AND PRECISE DEVELOPMENT PLAN AMENDMENT FOR MINOR MODIFICATIONS TO EXTERIOR ARCHITECTURAL FEATURES AT 338 AND 400 PIER AVENUE. Memorandum from Community Development Director Ken Robertson dated January 3, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:47 p.m. Coming forward to address the Council on this item were: Elizabeth Comacho — on behalf of the applicant, introduced Jerry Katz, Chief Operating Officer and General Counsel for Marlin Equity Partners and architect John Hartz; said Marlin was relocating their headquarters from El Segundo to Hermosa Beach; hoping to reduce increase visual interest of the building by modifying the exterior; said LII buildings had been vacant since 2004 when they were marketed for mixed use; expected their clients would patronize other businesses in the cities such as retail, shopping and hotels; said their business would require less parking than retail use and if needed, would provide seven City Council Minutes 01-11-11 Page 13089 • tandem spaces and make available the top deck for parking for evening businesses (Councilmembers Duclos, Fishman, DiVirgilio and Mayor Tucker acknowledged that the had an ex parte conversation with Mr. Katz; Councilmember Bobko said he exchanged emails with him); Susan Scott — Hermosa Beach, who lived nearby, spoke in support of the request; Judy Garland — Hermosa Beach, said this was a wonderful project but she did not want to see evening parking on their rooftop deck, which would bring the bar patrons to Upper Pier; Sam Perrot — Hermosa Beach Planning Commissioner, said the Commission looked at the street as a whole and felt this is a good project even though the buildings would not be used as originally designed; and Brian Nowicki — Hermosa Beach, spoke in support of the project. The public hearing was closed at 9:03 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6727, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF PARKING PLAN AND PRECISE DEVELOPMENT PLAN AMENDMENTS TO CHANGE THE ALLOCATION OF USES FROM A MIX OF RETAIL, STORAGE, OFFICE AND SNACK SHOP TO ALL OFFICE WITH LESS THAN REQUIRED PARKING AND ALLOW MINOR MODIFICATIONS TO EXTERIOR ARCHITECTURAL FEATURES AT 338 AND 400 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 2, TRACT 1851; AND LOTS 1 AND 2 , BLOCK 1, HISS' SECOND ADDITION TO HERMOSA BEACH," and to add a provision prohibiting Employees of the buildings from participating in the City's Preferential Parking District Employee Permit program. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. c. 2011-2012 _ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Memorandum from Community Development Director Ken Robertson dated January 4, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:21 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:21 p.m. Action: To continue the item to the City Council meeting of January 25 to provide more information regarding projects eligible for CDBG funds and past projects paid for with CDBG funds. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. City Council Minutes 01-11-11 Page 13090 • d. ZONE TEXT AMENDMENT TO MODIFY REGULATIONS REGARDING EDUCATIONAL FACILITIES IN THE C-3 ZONE AND ZONES THAT ALLOW C-3 USES. Memorandum from Community Development Director Ken Robertson dated January 4, 2011. • • Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:16 p.m. Coming forward to address the Council on this item were: Danna Sigel and Michael VanDinther — Fusion Academy, provided information regarding their plans for the school on the second floor in the Pavilion building on Pacific Coast Highway, their instructors and the number of students they planned to enroll. The public hearing was closed at 9:30 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1319, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO AMEND THE DEFINITIONS AND STANDARDS PERTAINING TO EDUCATION INSTITUTIONS IN THE C-3 ZONE AND ZONES THAT ALLOW C-3 USES AS A CONDITIONAL USE." Motion Duclos, second Fishman. The motion carried by a unanimous vote. e. ZONE TEXT AMENDMENT TO ADD PROVISIONS FOR `REASONABLE ACCOMMODATION' FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING. Memorandum from Community Development Director Ken Robertson dated January 4, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To continue the public hearing to the City Council meeting of January 25 and to direct City Attorney Jenkins to provide information regarding possible risks to the City by adopting the proposed ordinance. Motion Bobko, second Fishman. The motion carried by a unanimous vote. At 9:52 p.m., the order of the agenda went to item 6(b) S. MUNICIPAL MATTERS a. CIP 08-127 CITYWIDE STREET IMPROVEMENTS/VARIOUS LOCATIONS. Memorandum from Interim Public Works Director Frank Senteno dated January 4, 2011. City Council Minutes 01-11-11 Page 13091 • • • Interim Public Works Director Senteno presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Direction to staff was to include more information in the next report about the various types of street resurfacing and to update the street paving information on the City's website. Action: To receive and file the report on CIP 08-127 Citywide Street ImprovementsNarious Locations. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. At 10:23 p.m., the order of the agenda went to item 6(c). b. LEADERSHIP HERMOSA BEACH — ARTISAN BIKE RACK PROGRAM. Memorandum from Interim Public Works Director Frank Senteno dated January 4, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: John Goad — Leadership Hermosa Class of 2011, said they were talking to a local artist regarding unique designs, were considering safety issues, locations and would give a formal presentation at the February 8 Council meeting for the Council to make final decisions regarding the project. Action: To approve the request from Leadership Hermosa Beach Class of 2010 to install Artisan Bike Racks at heavy bike traffic locations throughout the City. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. At 10:05 p.m., the order of the agenda went to item 6(a). c. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from City Manager Stephen Burrell dated December 22, 2010. City Manager Burrell presented the staff report and responded to Council questions. Staff was given direction to investigate whether or not some of the funds could be used for school libraries or to help pay for resurfacing the parking lot shared by the Hermosa Beach Branch County Library and City Hall. City Council Minutes 01-11-11 Page 13092 • 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 DiVirgilio, second Fishman. The motion carried by a unanimous vote. d. AMENDING CITY'S MUNCIPAL CODE REGARDING LIMITATIONS ON CONTRIBUTIONS TO INDEPENDENT COMMITTEES. Memorandum from City Attorney Michael Jenkins dated December 28, 2010. City Attorney Jenkins presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1320, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2.08.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS." Motion Bobko, second Fishman. The motion carried, noting the dissenting vote of Duclos. 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 Fishman to discuss using hang tags rather than stickers for local business employee parking permits in response to a request from Hermosa Beach business owner. Mayor pro tem Fishman spoke to his request. Action: To agendize this matter and include it in the discussion of parking permit program policies. Motion Fishman, supported by Duclos and Bobko. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Jim Deutsch and Terry Honeycutt, on Tuesday, January 11, 2011, at the hour of 10:46 p.m. to a Regular meeting to be held on January 25, 2011, at 6:00 p.m. City Jerk �► eputy City Clerk City Council Minutes 01-11-11 Page 13093 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, January 25, 2011, at the hour of 6:09 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 January 11, 2011. 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: Negotiating Parties: Under negotiation: West of intersection of 2nd Street and Beach Drive Stephen Burrell & GU Holdings, Inc. Terms of payment b. Property: 51 Pier Avenue Negotiating Parties: Stephen Burrell & Fat Face Fenner's Fishack • Under Negotiation: Price & Terms of Payment City Council Minutes 01-25-11 Page 13094 • • 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 b. Name of Case: Winters v. City of Hermosa Beach, et al. Case Number: CV 09-5667 RCK (FMOx) 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 25, 2011, at the hour of 6:10 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 at 7:09 p.m. PLEDGE OF ALLEGIANCE — J.R. Reviczky ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the Council adjourned into closed session; agenda items were discussed regarding real property and employee labor union negotiations as well as matters of litigation. No reportable actions were taken. ANNOUNCEMENTS — Mayor pro tem Fishman said from 6-9 p.m., on Friday, February 11, at the Community Center, there would be a silent auction fundraiser benefiting the Education Foundation, the Arts Foundation and Portraits of Hope. Councilmember Duclos reported on the South Bay Bicycle Master Plan Open House held on Tuesday, January 18, with attendance by members of Hermosa's Public Works Commission and Green Task Force, representatives of seven South Bay cities and bicycle enthusiasts. He also reported on the Household Hazard and E - Waste roundup held on Saturday, January 22, at Clark Field; said there would be City Council Minutes 01-25-11 Page 13095 another roundup in Manhattan Beach on Saturday, March 19; said information on • permanent drop locations was available on the City's website. • • Mayor Tucker encouraged residents to patronize the new Sherwin Williams paint store which just opened at Sixth Street and Pacific Coast Highway. PRESENTATIONS COUNTY OF LOS ANGELES PUBLIC LIBRARY 2010 CHILDRENS BOOKMARK CONTEST LOCAL BOOKMARK CONTEST WINNERS Dorothy Yost, president of the Friends of the library announced winners and gave each child prizes from sponsor Pentel. Mayor Tucker presented each child with a certificate and City pin. Mrs. Yost thanked the City Council for its support of the event and announced the Bard City Book Store was now open every third Saturday of the month and every Monday from 9:00 a.m. to 12 Noon with all proceeds from the sale of used books benefiting the library. PRESENTATION BY THE HERMOSA BEACH CITY SCHOOL DISTRICT STRATEGIC PLANNING TASK FORCE District Superintendent Dr. Bruce Newlin named and thanked members of the task force for their dedication in considering facilities, communication, budget projections, alternate funding and the possibility of merging with another district. He invited the community to provide input at an open forum on Wednesday, January 26, at 6:00 p.m. at the Valley School Multipurpose Room; said more information was available on the district's website. Jim Caldwell, Task Force Member, said the previous spring, it became obvious that even with trimming efforts, the district was not sustainable and the task force was created to consider options; he provided a PowerPoint presentation detailing the income and expenses of the district and fundraising efforts; said by June, it would be determined if more severe cuts were necessary, if the district should merge with another district or declare insolvency and accept a County takeover. George Schmeltzer Task Force Member, provided a district unification update; said a County document was available to the public; said they had met with the County and State, as well as the school districts of Redondo Beach and Manhattan Beach; and listed d the to merge with another district which minis ilri provide financial uS�`G�u steps merge �..� y..r. benefits and enhanced programs but also indebtedness; urged the public to go to questions(cr�hbscd.orq. City Council Minutes 01-25-11 Page 13096 • • J.R. Reviczky said he had learned that cities had more funding options than school districts, which were limited by the State; said good school districts received less funding from the State and unlike cities which benefitted from the utility User Tax and Transient Occupancy Tax, school districts only local funding source was a Parcel Tax, which had been approved by voters sometimes but not in recent years; said fortunately property taxes were still increasing, in part because of the high quality school district but property values depended in a good district. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Jeff Bellandi — asked that consent calendar item 2(j) January 18 Planning Commission minutes, be removed for separate discussion; Jackie Arlow, Devin, Ashley (no last names given) — Mira Costa High School students, spoke about drug awareness and second hand smoke; said outdoor dining would be healthier and more pleasant if smoking were prohibited in these areas; Jennifer Woodie — Guidance Counselor at Mira Costa High School, reiterated the students' comments and added that she enjoyed going to Pier Plaza with her child and would appreciate smoke-free outdoor dining areas; and Dency Nelson — Hermosa Beach, thanked the Council for not increasing resident parking permit fees at the January 11 Council meeting; said he would like to speak during item 3(b) on tonight's agenda, adoption of Ordinance 11-1320. 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(m) Fishman, (e) DiVirgilio, (h), (I) and (j) Mayor Tucker Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 8:02 p.m., the order of the agenda went to consent calendar item 5(a). a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 11, 2010. Action: To approve, as presented, minutes of the Regular meeting of the City Council held on January 11, 2010. • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 61913 THROUGH 62046. City Council Minutes 01-25-11 Page 13097 • 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 DECEMBER 2010 FINANCIAL REPORTS: 1) Memorandum regarding the December 2010 Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the December 2010 financial reports. (e) RECOMMENDATION TO APPROVE A CHANGE IN THE DATE FOR THE PRE -BUDGET MEETING FROM THURSDAY, FEBRUARY 24, 2011, 7:00 P.M. TO THURSDAY, FEBRUARY 17, 2011, 6:00 P.M. TO ADD PRESENTATION OF THE USER FEE STUDY. Memorandum from Finance Director Viki Copeland dated January 3, 2011. (f) (g) This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting, who asked if the meeting on February 17 could begin at 6:30 p.m., instead of 6:00 p.m. Action: To approve a change in the date for the Pre -Budget Meeting from Thursday, February 24, 2011, 7:00 p.m. to Thursday, February 17, 2011, 6:30 p.m. to add presentation of the user fee study. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE PURCHASE OF ELECTRONIC TRAFFIC CITATION WRITERS FROM THE REPLACEMENT FUND IN THE AMOUNT OF $17,000.00 FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Greg Savelli. Action: To approve purchase of electronic traffic citation writers from the replacement fund in the amount of $17,000.00 for the Police Department. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF JANUARY 10, 2011. City Council Minutes 01-25-11 Page 13098 Action: To receive and file the action minutes of the Green Task Force • meeting of January 10, 2011. • • (h) RECOMMENDATION TO ACCEPT DONATIONS OF $10 FROM JAN SOUSA AND $10 FROM JO JENNINGS TO BE USED FOR THE PURCHASE OF A TELEVISION FOR THE HERMOSA SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated January 18, 2011. (i) This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - Donations from Jan Sousa ($10.00) and Jo Jennings ($10.00), totaling $20.00, to be used for the purchase of a television for the Hermosa Senior Activity Center. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 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 2011. Memorandum from City Treasurer John Workman dated January 12, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6729, 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 TREASURER FOR THE YEAR 2011." This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting, and asked if the City could invest in more than one fund, maybe using a "ladder" approach. Action: To ask City Treasurer John Workman to explain his investment strategy at the Budget Workshop. Motion Mayor Tucker, second Fishman. The motion carried by a unanimous vote. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 18, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Council Minutes 01-25-11 Page 13099 • • • Jeff Bellandi from Waterman's had asked that the item be removed for separate discussion but he had left the meeting by the time this item was heard. Action: To receive and file the action minutes of the Planning Commission meeting of January 18, 2011. Motion Mayor Tucker, second Fishman. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated January 19, 2011. (I) (m) Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO RECEIVE AND FILE THE 2009-10 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), WHICH INCLUDES THE REPORT FROM CAPORICCI AND LARSON, OUR INDEPENDENT AUDITORS. Memorandum from Finance Director Viki Copeland dated January 20, 2011. Action: To receive and file the 2009-10 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE LIST OF PROJECTS RECOMMENDED FOR THE EARLY ACTION PROGRAM OF THE SOUTH BAY MEASURE R HIGHWAY PROGRAM TO BE ACTED ON BY THE SOUTH BAY COUNCIL OF GOVERNMENTS BOARD ON JANUARY 27, 2011 AND SUBMITTED TO THE METRO BOARD FOR THEIR ACTION IN FEBRUARY 2011 FOR FUNDING ALLOCATION APPROVAL. Memorandum from Interim Public Works Director Frank Senteno dated January 20, 2011. This item was removed from the consent calendar by Mayor pro tem Fishman for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 11- 6730, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE SOUTH BAY MEASURE R HIGHWAY rt uu,AIVM EARLY ACTION PROJEt, T LIST FUNDED THROUGH THE SOUTH BAY'S MEASURE R HIGHWAY PROGRAM." and direct staff to fax or email a letter to the South Bay COG requesting that Aviation Boulevard in Hermosa Beach be included also in the study. City Council Minutes 01-25-11 Page 13100 • • Motion Fishman, second Duclos. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1319 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO AMEND THE DEFINITIONS AND STANDARDS PERTAINING TO EDUCATION INSTITUTIONS IN THE C-3 ZONE AND ZONES THAT ALLOW C-3 USES AS A CONDITIONAL USE." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 20, 2011. Action: To waive full reading and adopt Ordinance No. 11-1319 Motion DiVirgilio, second Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 11-1320 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2.08.020 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 20, 2011. Supplemental information received from staff on January 25 correcting the vote shown in the staff report for introduction of the Ordinance to indicate Councilmember Duclos voted no. Coming forward to address the Council on this item was: Dency Nelson — Hermosa Beach, asked City Attorney Jenkins for a clarification of this Ordinance; said that he was opposed to making this change. Action: To waive full reading and adopt Ordinance No. 11-1320 Motion Fishman, second DiVirgilio. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Fishman, Mayor Tucker NOES: Duclos ABSENT: None ABSTAIN: None At 12:28, the order of the agenda went to item 7(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 01-25-11 Page 13101 Items 2(e), (h), (i), (j) and (m) 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. 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. (Continued from meeting of January 11, 201 1) Memorandum from Community Development Director Ken Robertson dated January 18, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:18 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:18 p.m. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6728, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2011-2012." (2) Approve the Fiscal Year 2011-2012 CDBG Annual Planning Summary with an allocation of approximately $98,747; (3) Authorize staff to negotiate the exchange of up to $90,000 of new and existing City CDBG funds with a city yet to be determined in return for unrestricted funds; and (4) Direct staff to bring back options during the budget cycle to consider funding Project Touch to a comparable amount Project Touch is being funded by Manhattan Beach and Redondo Beach. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. b. ZONE TEXT AMENDMENT TO ADD PROVISIONS FOR `REASONABLE ACCOMMODATION' FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING. (Continued from meeting of January 11, 201 1) Memorandum from Community Development Director Ken Robertson dated January 20, 2011. The public hearing opened at 8:20 p.m. Action: To continue the public hearing to the City Council meeting of February 8, 2011. Motion Bobko, second Fishman. The motion carried by a unanimous vote. City Council Minutes 01-25-11 Page 13102 • c. 2011 SPECIAL EVENT APPLICATIONS. Memorandum from City Manager Stephen Burrell dated December 21, 2010. 2011 COMMERCIAL EVENTS DATE Hermosa Beach 5000 May 14 Elevation Group- Wide Open VB Tour August 27-28 MESP - Hermosa Day at the Beach Triathlon October 9 2011 NON PROFIT EVENTS DATE The Samburu Project - Walk for Water March 27 So Cal Foundation for Children - Smackfest Co- Ed VB April 23, July 23, Sep 24 Little League - Night at the Ballpark April 16-17 USAV Collegiate Volleyball April 16-17 Great Autos of Yesteryear - Endless Summer Car Show May 7 Superstar Fitness Boot Camp - Sand Run/Walk for Wounded Warriors May 21 Amateur Athletic Union (AAU) Championships May 22, July 9-10, Aug 21 Arts Group of Hermosa Beach - Art Walk June 11-12 100 Mile Club -The Hermosa 24 June 18-19 USAV Beach Championship Series July 15-17 July 24 KB Foundation - KB 4 -Woman Volleyball Silvio's Brazilian BBQ - Beach Classic Soccer Tourn. August 6-7 Friends of the Parks - Movie in the Park September 10 City Manager Burrell presented the staff report and responded to Council questions, indicating that there was additional information regarding the Silvio's Brazilian BBQ - Beach Classic Soccer Tournament which was not in the packet given to the Council prior to tonight's meeting. The public hearing opened at 9:04 p.m. Coming forward to address the Council on this item were: Steve Lindecke - Managing Partner of the Elevation Group, promoters of the Wide Open Volleyball Tournament, described the pro/am event and the change from originally using the beach both north and south of the pier to limiting use to the north side only on Sunday; Ali Wood Lamberson - USAV Collegiate Volleyball, Director of High Performance Beach Programs and Hermosa Beach resident, said this event provided an experience for NCAA indoor volleyball players to try beach volleyball; she listed the colleges participating so far; said they would have about 100 to 150 participants and about that many spectators; Alec Hunter - a retired U.S. Army sergeant representing Wounded Warriors, said this non-profit first annual event was a pier -to -pier run/walk with participation encouraged for wounded combat veterans; City Council Minutes 01-25-11 Page 13103 • • Christian Burke — representing 100 Mile Club—The Hermosa 24 and a resident of Hermosa Beach who ran for 24 hours on the beach Labor Day weekend 2010 to raise money for Hermosa schools, said this time other people would be running for 24 hours but in a relay format with fees and sponsorships to benefit local schools; said he hoped to make this a nationwide event; Dave Williams — USAV Beach Championship Series, said there would be four championship events around the country to provide entry into the Olympics qualifiers for 2012; said the event would be similar to the AVP events he previously brought to Hermosa; Doug Howard — Silvio's Brazilian BBQ—Beach Classic Soccer Tournament, described this youth event and asked, even though it was specified there would be no fee waivers, if his fee could possibly be reduced by half since it is the first year for this event and he has no way of knowing how many spectators there will be (at the Council's suggestion, City Manager Burrell said he would bring back a report closer to the event date, indicating the City's out of pocket costs so the Council can consider Mr. Howard's request). Jeff Atkinson — Race director of the Hermosa Beach 5000, requested a date change to April 16 as there would be no time or location conflict with other events on that day; (staff stated this change would be acceptable); Sam Perrotti — Hermosa Beach Art Walk, said he would work with City Manager Burrell as they did last year to make sure their food trucks complied with the Municipal Code and that the Green Matrix is followed; said they would have two banners rather than the three indicated in the report and asked if at least one banner fee could be waived since during the year, non-profit groups usually received a banner fee waiver; and Blake Kerry— MESP — Hermosa Day at the Beach Triathlon said their three- year contract with the City ended with this year's event and requested that another three-year agreement be signed (staff agreed and said a contract will be brought back for Council consideration). The public hearing was closed at 9:34 p.m. Action: To approve the staff recommendation to approve three (3) commercial events and thirteen (13) non-profit events, with all event contracts to be reviewed by City Attorney Jenkins before signing, without granting of fee waivers, but to review one reduced fee request from Silvio's soccer tournament, one banner fee waiver for the Art Walk for future Council consideration and to change the date for the Hermosa Beach 5000 to April 16. 2011. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS City Council Minutes 01-25-11 Page 13104 • • • a. OPTIONS TO IMPROVE THE ANNUAL REVIEW OF ON -SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS. (Continued from meeting of December 14, 2010) Memorandum from Community Development Director Ken Robertson dated December 2, 2010. Supplemental email from Ed Sharrow received on January 25. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Peter Hoffman - Planning Commissioner, described the Planning Commission's formulation of this proposed procedure; Sandy Saemann - Hermosa Beach, opposed the proposed procedure which he felt would allow a business to have a certain amount of violations in a six-month period, and then, in the subsequent six-month period be allowed the same number of violations, without triggering a review; he gave the Council a document from an accounting firm, well versed in restaurant operation, who could take the burden off the City in handling these reviews; said many establishments slip through the cracks even though there are complaints by residents because their violations are not ones that specifically trigger a review; Ron Newman - Hermosa Beach business owner, said this will put an unnecessary burden on business owners; said the 50-50 food to alcohol ratio is enforced by the Alcoholic Beverage Control Department (ABC) with problem business owners only; Seth Wise - co-owner of Underground Pub, said he operates in other cities which have no annual review at all and he thinks Hermosa's practices are unfair and unnecessary; said the 50-50 rule does not work because a bottle of wine can cost as much as two dinners and he believes the ABC will eliminate this rule; and George Barks - property and business owner in Hermosa Beach thanked the Planning Commission and the City Council for their hard work but felt this review practice constitutes over regulation and discourages businesses. Action: To direct staff to implement the on -sale alcoholic beverage conditional use permit review criteria and process set forth in Attachment 1, except change the standard initiating Planning Commission review for overcrowding citations to one in any six-month period. The meeting recessed at 10:24 p.m. The meeting reconvened at 10:30 p.m b D!SCi S!ON OF EXTENDING OR RESTRUCTURING THE GREEN TASK FORCE. Memorandum from Community Development Director Ken Robertson dated January 18, 2011. (Continued from meeting of December 14, 2010). Supplemental email from resident "jw" and Ed Sharrow received on January 25. City Council Minutes 01-25-11 Page 13105 • Community Development Director Robertson presented the staff report and responded to Council questions. • Coming forward to address the Council on this item were: Phil Friedl — Green Task Force member, said the Green Task Force has talented, enthusiastic members who have achieved much; he asked that the current members be given until April 2011 to finish the projects they have initiated; Dency Nelson — Hermosa Beach, said the Green Task, evolved from the Green Building Committee of which he was chairman, has goals of sustainability and carbon neutrality and he is pleased they are willing to continue until April; suggested that the group might not necessarily be considered permanent but potentially renewed every two years. Proposed Action: To extend the Green Task Force for six months, and then accept applications from interested residents for new terms of two years. Motion Duclos, second Mayor Tucker. The motion was replaced by a substitute motion. Action: To extend the Green Task Force for six months, through June 2011, and direct staff to return with a plan for a second Green Task Force to begin a new two-year mission. Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting vote of Duclos. c. CONSIDERATION OF ORDINANCE PROHIBITING SMOKING IN OUTDOOR DINING AREAS. Memorandum from City Attorney Michael Jenkins dated January 18, 2011. Supplemental emails from Robert Aronoff and Ed Sharrow received on January 25. City Attorney Jenkins presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Susan Burden — Chief Executive Officer of the Beach Cities Health District, spoke in support of the staff recommendation; said second hand smoke does exist in outdoor areas and there is scientific evidence that second hand smoke is a serious health hazard; Dency Nelson — Hermosa Beach, spoke in support of banning smoking in outdoor dining areas; said in light of the City's participation in the Vitality City program, this ban would be appropriate; Phil Friedl — Hermosa Beach, spoke in support of the prohibition; said cigarette butts are also a problem, as both visual and ocean pollution; and • George Barks — Hermosa Beach and Redondo Beach, recommended not adopting such an Ordinance at this time because businesses are City Council Minutes 01-25-11 Page 13106 • • suffering because of the recession and that many tourists and young patrons do smoke; said he did not agree with Beach Cities Health District's evaluation of the dangers of second hand smoke; was opposed to over regulation. Proposed Action: To direct staff to work with the Public Health Law and Policy Technical Center and Beach Cities Health District and to solicit input from businesses affected by this change to draft an Ordinance to ban smoking in all outdoor dining encroachments, with a ten -foot buffer zone. Motion Duclos, second Fishman. The motion was replaced by a substitute motion. Proposed Action: To appoint two Councilmembers to meet with businesses and the Beach City Health District to draft an Ordinance banning smoking in outdoor dining areas and schedule a workshop to receive public input. Motion Mayor Tucker, second Fishman. The motion was replaced by a substitute motion. Action: To direct staff to meet with affected businesses and the Health District to draft an ordinance but do so as part of the Council's 2012 work cycle, or earlier if other goals are completed; Motion DiVirgilio, second Bobko. The motion failed, noting the dissenting votes of Duclos, Fishman and Mayor Tucker. The previous motion was then considered. Action: To appoint two Councilmembers to meet with businesses and the Beach City Health District to draft an Ordinance banning smoking in outdoor dining areas and schedule a workshop to receive public input. Motion Mayor Tucker, second Fishman. The motion carried, noting the dissenting vote of Bobko. At 12:15 a.m., the order of the agenda went to item 3, Consent Ordinances. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. STATE BUDGET — ELIMINATING REDEVELOPMENT AGENCIES. Memorandum from City Manager Stephen Burrell dated January 20, 2011. Action: To take a position to support the proposal to eliminate redevelopment agencies and to have each Councilmember send their own letter of support to the League of California Cities. Motion Bobko, second Fishman_ The mntinn carried by a unanimous vete_ • 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None City Council Minutes 01-25-11 Page 13107 • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, January 26, 2011, at the hour of 12:20 a.m. to a Regular meeting to be held on February 8, 2011, at 6:00 p.m. • i City Council Minutes 'llg'IJ‘ ty City Clerk 01-25-11 Page 13108 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 8, 2011, at the hour of 6:09 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 January 25, 2011. 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: 51 Pier Avenue Negotiating Parties: Stephen Burrell & Fat Face Fenner's Fishack Under Negotiation: Price & Terms of Payment 5. 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. City Council Minutes 02-08-11 Page 13109 • 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: Winters v. City of Hermosa Beach, et al. Case Number: CV 09-5667 RCK (FMOx) 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 8, 2011, at the hour of 6:10 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. PLEDGE OF ALLEGIANCE — Diana Allen • ROLL CALL: Present Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the Council adjourned into closed session; said litigation and negotiations with employee unions were discussed with no reportable actions taken. ANNOUNCEMENTS — Councilmember Bobko read a letter from Sister Ann Kelly, of Good Shepherd Shelter for abused women and children in downtown Los Angeles, expressing gratitude for the toys received from the Beach Cities Toy Annual Drive. Mayor pro tem Fishman announced that the Hermosa Beach Sister City Association received a humanitarian award from the International Sister Cities Association at its annual convention; reported on last week's Independent Cities Conference that he and Councilmembers Bobko and Duclos attended, which included workshops on ethics training, leadership and elimination of gang presence. Councilmember Duclos said he and Mayor pro tem Fishman attended a meeting of the Association of Corporate Real Estate Executives, at the urging of Hermosa businessman Roger Bacon, to learn about attracting the businesses that cities want. He asked that the meeting be adjourned in memory of world renowned surf photographer Leroy Grannis, honored at last year's Hermosa's Art Walk as "Grand Master," whose photograph of Dewey Weber was being recreated in a statue to be prominently displayed in the city, and who will be greatly missed and remembered. City Council Minutes 02-08-11 Page 13110 • Mayor Tucker called attention to the samples of art work on display in the Council Chambers from last year's Summer of Color exhibition on Lifeguard Towers, all of which would be sold at a silent auction from 6 to 9 p.m. Friday, February 11, in Room 7 of the Community Center, with proceeds benefitting the Hermosa Beach Education Foundation and Arts Foundation, as well as Portraits of Hope. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Diana Allen and Janie Hindle — Silent Auction co-chairs (along with Donna Cunningham), said the colorful, lightweight paintings of different sizes and shapes mentioned by Mayor Tucker are pieces of beach history; said this one -time -only event will take place from 6 to 9 p.m. Friday, February 11, in the Community Center's Room 7, with no admission charge, and refreshments served in the Hermosa Beach Historical Museum; said bidding for the artwork will start at $250 and proceeds will benefit the Hermosa Education Foundation and Arts Foundation; Suzanne Rampay — Hermosa Academy Home Schooling, said three of their students wished to speak to the Council on the subject of smoking on outdoor patios of restaurants; Jonathan Kielbaskini — Hermosa Beach student, said he and his brother like eating on Pier Plaza restaurant patios but are forced inside when someone smokes; said most litter collected by his school group at beach cleanups are cigarette butts; said he and other Academy students were part of a "science fair" program called Quick Science, associated with USC; said they chose smoking as their area of study and gathered information from the Internet; Mitchel Jacobsen — Hermosa Beach student, provided statistics on the number of cigarette butts littering Los Angeles County and how they were deadly to marine animals and birds who ingest them; supported a smoking ban on outdoor patios at Hermosa restaurants and bars due to the risk of second hand smoke; also suggested placing cigarette receptacles around the City to minimize cigarette butt litter; and Jennifer Philbin — Hermosa Beach student, presented a video showing the students rapping to raise awareness of cigarette butt litter. 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(e) Mayor Tucker. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. City Council Minutes 02-08-11 Page 13111 • a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 25, 2010. Action: To approve, as presented, the minutes of the Regular meeting of the City Council held on January 25, 2010. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62047 THROUGH 62166. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 61787 and 61278 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 DECEMBER 2010 REVENUE AND EXPENDITURE REPORTS. 1) Revenue report; and 2) Expenditure report. • Action: To receive and file the December 2010 Revenue and Expenditure Reports. (e) RECOMMENDATION TO ACCEPT DONATIONS TOTALING $50 FOR THE PURCHASE OF A TELEVISION FOR THE HERMOSA SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated January 31, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - Donations totaling $50 from Patricia Ormondroy ($10), Edna Tobias ($10), Ginny Walter ($10), Pam Strong ($10) and Sarah Trick ($10) to be used for the purchase of a television for the Hermosa Senior Activity Center. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. City Council Minutes 02-08-11 Page 13112 • (fl • (g) RECOMMENDATION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE REGIONAL TERRORISM INFORMATION INTEGRATION SYSTEM PARTICIPATING AGENCIES FOR THE CONTINUED PARTICIPATION OF THE CITY OF HERMOSA BEACH IN THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AND AUTHORIZE THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENTS. Memorandum from Police Chief Greg Savelli. Action: To approve a Memorandum of Agreement with the Regional Terrorism Information Integration System participating agencies for the continued participation of the City of Hermosa Beach in the Los Angeles Regional Integrated Law and Justice Project and authorize the Mayor to execute the appropriate documents, as recommended by staff. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT ("L.A. IMPACT JPA"), THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE L.A. IMPACT AUTHORITY AND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT. Memorandum from Police Chief Greg Savelli. Action: To approve the staff recommendation to adopt Resolution No. 11- 6731, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE, JOINT POWERS AGREEMENT (L.A. IMPACT JPA), AUTHORIZING THE CITY'S MEMBERSHIP IN L.A. IMPACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT." (h) RECOMMENDATION TO AMEND THE SCOPE OF WORK IN THE PROFESSIONAL SERVICES AGREEMENT TO HARTZOG & CRABILL, INC. FOR TRAFFIC ENGINEERING SERVICES AND DIRECT THE CITY MANAGER TO EXECUTE SAID AMENDMENT. Memorandum from Interim Public Works Director Frank Senteno dated February 2, 2011. Action: To amend the scope of work in the Professional Services Agreement to Hartzog & Crabill, Inc. for Traffic Engineering Services and direct the City Manager to execute said amendment, as recommended by staff. At 7:31 p.m., the order of the agenda moved to public hearing item 5(a). 0 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 02-08-11 Page 13113 • Item 2(e) 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 moved to Other Matters items 9(a), (b) and (c). 5. PUBLIC HEARINGS a. ZONING TEST AMENDMENT FOR "REASONABLE ACCOMODATION" FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING. (Continued from meetings of January 11, 2011 and January 25, 2011) Memorandum from Community Development Director Ken Robertson dated February 3, 2011. 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 7:47 p.m. As no one came forward to address the • Council on this item, the public hearing closed at 7:47 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1321, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR `REASONABLE ACCOMMODATION' FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING," choosing Attachment 2 (shown in the staff report) to utilize an impartial hearing officer rather than City staff. Motion Bobko, second Fishman. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. MIDYEAR BUDGET REVIEW 2010-11. Memorandum from Finance Director Viki Copeland dated January 18, 2011. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: (1) Approve revisions to estimated revenue, appropriations, budget transfers and fund balance as shown in the staff report and in the attached Revenue Detail Report and Budget Summary; and (2) Receive and file the six-month review of Fire Department staffing change from Fire Chief David Lantzer. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. City Council Minutes 02-08-11 Page 13114 • b. REQUEST FOR WAIVER OF CITY FEES ASSOCIATED WITH THE PRODUCTION OF THE ST. PATRICK'S DAY PARADE. Memorandum from City Manager Stephen Burrell dated February 1, 2011. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Maureen Hunt — Chamber of Commerce Interim Executive Director, said they were not successful in finding sponsors for banners on the Tight poles; asked that the City waive the expense for street banners for this community event at the PierNalley and PCH/Aviation locations, as well as police costs; said they would hire their own security, as they do for the Fiesta events; Mike Bell — Bell Event Services, said help with the street sweeping after the parade would be appreciated; said they will use the same road closure company and had hired retired Public Works supervisor Mike Flaherty as route supervisor; at Council's suggestion, said he would contact the City's street sweeping company, Athens, to ask if they would donate the street sweeping; 111 Action: To direct staff to waive banner fees and police charges for the event. • Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To direct staff to develop a draft policy for the use or display of banners on Tight posts throughout the City for Council consideration at a future meeting. Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. c. OPTIONS FOR REGULATING LIVE ENTERTAINMENT AND ENTERTAINMENT PROMOTERS WITH AN ENTERTAINMENT PERMIT. Memorandum from Community Development Director Ken Robertson dated February 2, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To receive and file the report. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. d. REQUEST TO WAIVE CONDITIONAL USE PERMIT AND BUILDING/PLAN CHECK FEES FOR SMALL WIND ENERGY SYSTEM FOR "NET -ZERO" ENERGY EFFICIENT HOME AT 1556 PROSPECT AVENUE. Memorandum from Community Development Director Ken Robertson dated February 8, 2011. Supplemental email from Phil Friedl received February 8, 2011. City Council Minutes 02-08-11 Page 13115 • Mayor pro tem Fishman recused himself because he owns property near the project site, and left the dais and the room at 8:38 p.m. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Robert Fortunato — applicant and property owner, said they moved out of the house and were re -using and recycling as many materials as possible in the deconstruction, and the progress is being documented on his website; discussed the use of wind turbines and said this would be a test to .determine if there was enough wind in the area for adequate revenue generation; and Dency Nelson — Hermosa Beach, spoke in support of the request; Scott Gobble — Southern California Edison, urged the Council to approve the requested fee waiver. City Attorney Jenkins emphasized that the City does not normally approve ad hoc fee waivers and should not set a precedent but this is a test case and will provide valuable information to enhance the City's environmental policy. Action: To waive fees for processing a conditional use permit application, as well as building permit and plan check fees, setting the conditional use permit and building permit fees at $1 each, and charging only the contract service fees the City pays for noticing and plan check, and any other outside agency fees; with the added provision that Mr. Fortunato provide updates and report back on the viability of the devices. Motion DiVirgilio, second Mayor Tucker. The motion carried, noting the absence of Fishman. Further Action: To direct staff to report back at a future meeting with policy recommendations for waiving fees for this type of project or something comparable to wind turbines for a limited period of time, perhaps a year. Motion DiVirgilio, second Mayor Tucker. The motion carried, noting the absence of Fishman. Mayor pro tem Fishman returned to the dais at 8:53 p.m. e. FIRE PROTECTION IMPROVEMENT FEE. Memorandum from Fire Chief David Lantzer dated February 1, 2011. Fire Chief Lantzer presented the staff report and responded to Council questions, stating it had been decided more research was required before the Ordinance was introduced but, since the TischlerBise representative was present, he would give his presentation this evening. City Manager Burrell and City Attorney Jenkins also responded to Council questions. City Council Minutes 02-08-11 Page 13116 • • a Coming forward to address the Council on this item was: Brian Jewitt — TischlerBise, gave a PowerPoint presentation describing the methodology they used in their study and details of their findings. Action: To continue this item to a future meeting, with direction to staff to notice the item in the Easy Reader as a public hearing. Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. At 9:28 p.m., the order of the agenda moved to item 4, removed consent calendar item 2(e). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Tucker to amend the City Code and, if needed, to make the California Building Code more restrictive with regard to providing additional parking for businesses that want to increase their current occupant loads. Mayor Tucker spoke to his request. Action: To refer the issue to the Planning Commission for review and recommendation. Motion Mayor Tucker, supported by Fishman and Duclos. b. Request from Mayor Pro Tern Fishman that the City Council direct staff to determine the feasibility of developing a "Food Truck" vending area on Eleventh and Pacific Coast Highway adjacent to the Community Center lawn and report back to the City Council. Mayor pro tem Fishman spoke to his item Action: To direct staff to agendize a discussion on this topic at a future City Council meeting. Motion Fishman, supported by Duclos and Mayor Tucker. c. Request from Mayor Pro Tem Fishman that all Ordinances presented for adoption or repeal be noticed in the Easy Reader. Mayor pro tem Fishman spoke to his request. City Council Minutes 02-08-11 Page 13117 • • • Action: To direct staff to agendize a discussion on this topic at a future City Council meeting. Motion Fishman, supported by Duclos and Mayor Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Leroy Grannis, on Tuesday, February 8, 2011, at the hour of 9:33 p.m. to a Regular Adjourned Pre -Budget meeting, to be held on February 17, 2011, at 6:30 p.m. Deputy City Clerk City Council Minutes 02-08-11 Page 13118 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, February 14, 2011, at the hour of 8:00 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. 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 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, February 14, 2011, at the hour of 8:01 a.m., to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Monday, February 14, 2011, at the hour of 8:02 a.m. At the hour of 8:21 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 14, 2011, at the hour of 8:22 a.m., to the Adjourned Regular Pre -Budget Meeting of February 17, 2011, at 6:30 p.m. Deputy City Clerk City Council Minutes 2-14-11 Page 13119 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Thursday, February 17, 2011, at the hour of 6:35 p.m. • PLEDGE OF ALLEGIANCE — Ken Robertson ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION: Coming forward to address the City Council at this time was: Ryan Nowicki — Leadership Hermosa, announced a fundraising event taking place at 8 p.m. Wednesday, March 2, 2011, at the Comedy and Magic Club to help raise funds for their artisan bicycle rack project, noting tickets were $20 per person. COST OF SERVICES STUDY AND FEE COMPARISON REPORT. Memorandum from Finance Director Viki Copeland dated February 10, 2011. Finance Director Copeland introduced Eric Johnson of Revenue & Cost Specialists, LLC, who had been retained by the City to prepare the cost of services study and an update of the City's user fees. Eric Johnson, Vice President of Revenue & Cost Specialists, LLC, gave a Power Point presentation on the cost of services study and the fee comparison report, explaining the methodology he used in developing the information, which shows the true and full costs of the services the City provides as well as the status of the City's recovery of those costs. He then responded to Council questions. At 7:48 p.m., the meeting recessed. At 7:55 p.m., the meeting reconvened. In response to Council comments, City Manager Burrell said he would provide the Council with a summary report, perhaps breaking it up based on the size of the proposed fee increases; said another study session would take place at 6:30 p.m. Tuesday, March 29; and said there would be plenty of time for the public to review the information and ask questions about the proposed fee changes prior to the public hearing, which would take place at a regular Council meeting. POLICY DISCUSSION OF BUDGET PREPARATION FOR THE 2011-12 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE • PURPOSE OF PROVIDING STAFF WITH BROAD POLICY FRAMEWORK TO PREPARE THE BUDGET; DISCUSSION ITEMS TO INCLUDE REVENUE, City Council Minutes 02-17-11 Page 13120 ISSUES, EXPENDITURES, PROJECTS, CONSIDERATION OF OPTIONS AND • RESERVE LEVELS. • • City Manager Burrell said this was an important meeting for staff to obtain input from the City Council prior to preparation of the preliminary 2011-12 FY budget. Council members addressed numerous issues, including the following items: • Review the organizational structure to ensure it meets the City's needs; • Be creative in looking for less expensive ways to provide services, including consolidating and/or outsourcing, as well as temporary, part-time or contract services instead of full-time positions; • Continue the freeze on non -vital positions, but move ahead with top priority slots of two police officers and public works director; • Add assistant city manager as a vital position; • Do not assume that the economy will improve in the near future; • Replace the wireless microphones in the Council Chambers; • Keep in mind the importance of grant writing and technical planning; • Keep employee salary costs on the table while looking at fee increases; • Consider providing a financial resource for schools; • Department heads should evaluate level of staffing; • Remember the importance of infrastructure improvements, such as streets; • Go through RFP process for new trash contract; • Hire an individual audit firm to review 50-50 rule of businesses serving food and alcohol to ensure the City is not losing money; • Seek creative ways to fund the Pacific Coast Highway corridor; • Maximize usage of the Community Center, one of the City's greatest assets; • Publish a wish list in an attempt to obtain public sponsors and donations; ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 17, 2011, at the hour of 8:42 p.m. to the Regular Meeting of Tuesday, February 22, 2011, at the hour of 6:00 p.m. City Council Minutes 02-17-11 Page 13121 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, February 22, 2011, at the hour of 6:04 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 February 8, 2011; and b. Closed Session meeting held on February 14, 2011. 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 5. 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 City Council Minutes 02-22-11 Page 13122 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION • Government Code Section 54957 • • Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 22, 2011, 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 at 7:10 p.m. PLEDGE OF ALLEGIANCE — Resident ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the trial date of January 18, 2012, had been set for the Macpherson Oil lawsuit. ANNOUNCEMENTS — Mayor pro tem Fishman announced the GI Joe Boot Camp Pier -to -Pier Walk/Run would take place Saturday, March 5, starting at 7 a.m. at the Hermosa Beach Pier. Mayor Tucker said the March 5 Opening Ceremonies marked the 60th Anniversary of Hermosa Beach Little League, noting the possibility that former major league player Morgan Ensberg, who got his start in Hermosa Beach Little League, might be present; said the L.A. County Board of Sanitation will have a tour of their Whittier headquarters on Earth Day, April 9; said, as a board member of that organization, that he opposed a rate increase for which a public hearing would be scheduled, and that he would pass on further information to the public as it becomes available. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Katheryn Schnabel — Friends of the Parks, asked about having a spring and summer weekend Flower Mart at Noble Park to bring attention to the currently underused park and to see if there might be interest in changing the Ordinance which limits the park's use (City Manager Burrell said he would investigate and bring back an item to a future Council for further discussion); City Council Minutes 02-22-11 Page 13123 • • Jessica Guheen — Friends of the Parks, described her efforts to obtain grant money to implement the master plan for South Park; said she would send an email to Councilmembers to seek a sponsor to work with her on the project; Joe Charles — GI Joe Boot Camp, distributed fliers about the March 5 Pier to Pier Walk/Run, provided contact info for interested parties and encouraged Councilmembers to participate in his GI Joe radio show. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j). Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Regular meeting held on February 8, 2011 and (2) Special meeting held on February 14, 2011. Action: To approve, as presented, the City Council minutes of the Regular meeting held on February 8, 2011 and the Special meeting held on February 14, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62167 THROUGH 62315. 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 the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2011 REVENUE AND EXPENDITURE REPORTS. 1) Revenue report; and 2) Expenditure report. Action: To receive and file the January 2011 Revenue and Expenditure Reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 1, 2011. • Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 1, 2011. City Council Minutes 02-22-11 Page 13124 • (fl (g) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated February 10, 2011. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated February 15, 2011. Action: To receive and file report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 2011. (I) Action: To receive and file the action minutes of the Planning Commission meeting of February 15, 2011. RECOMMENDATION TO APPROVE SPECIAL EVENT DATE CHANGES FOR ELEVATION GROUP WIDE OPEN TOUR FROM AUGUST 27-28, 2011 TO AUGUST 20-21, 2011 AND AAU VOLLEYBALL TOURNAMENT FROM AUGUST 21, 2011 TO AUGUST 28, 2011. Memorandum from City Manager Stephen Burrell dated February 16, 2011. Action: To approve special event date changes for Elevation Group Wide Open Tour from August 27-28, 2011 to August 20-21, 2011, and for AAU Volleyball Tournament from August 21, 2011 to August 28, 2011, as recommended by staff. (j) RECOMMENDATION TO APPROVE AN AGREEMENT WITH SAINT ROCKE TO PRODUCE THE SUMMER BEACH CONCERT SERIES. Memorandum from City Manager Stephen Burrell dated February 17, 2011. Action: To approve an agreement with Saint Rocke to produce the Summer Beach Concert Series for a period of five years until September 2015, as recommended by staff. At 7:30 p.m., the order of the agenda went to 5(a). 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1321 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR `REASONABLE ACCOMMODATION' FOR PERSONS WITH DISABILITIES City Council Minutes 02-22-11 Page 13125 SEEKING EQUAL ACCESS TO HOUSING." For adoption. Memorandum • from City Clerk Elaine Doerfling dated February 15, 2011. • Action: To waive full reading and adopt Ordinance No. 11-1321 Motion DiVirgilio, second Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None At 9:04 p.m., the order of the agenda went to item 9(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar for separate discussion. 5. PUBLIC HEARINGS a. ZONE CHANGE FROM LIGHT MANUFACTURING (M-1) TO TWO-FAMILY RESIDENTIAL (R-2) TO BRING THE ZONING INTO CONSISTENCY WITH THE GENERAL PLAN ON A 3,710± SQUARE FOOT LOT AT 623 THIRD STREET. Memorandum from Community Development Director Ken Robertson dated February 14, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:32 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:32 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1322, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM LIGHT MANUFACTURING (M-1) TO TWO-FAMILY RESIDENTIAL (R-2) ON A LOT AT 623 THIRD STREET, LEGALL DESCRIBED AS THE NE 30 FEET MEASURED ON NW AND SE LINES OF LOTS 44, 45 AND LOT 46, WALTER RANSOM CO'S VENABLE PLACE, HERMOSA BEACH." Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. BEACH TENNIS COURT INSTALLATION. Memorandum from City Manager Stephen Burrell dated February 14, 2011. City Council Minutes 02-22-11 Page 13126 • City Manager Burrell presented the staff report and responded to Council questions. • Coming forward to address the Council on this item were: Donny Young — West Coast Beach Tennis, said the sport is growing rapidly internationally and is a natural fit for Hermosa Beach and has brought international attention; Mark Salokos — West Coast Beach Tennis, reiterated the growth of the sport; said Hermosa is the official home of beach tennis on the west coast; Harold Cohen — Hermosa Beach, expressed support of an additional court; said the sport was a good addition to the community; Lincoln Phipps — Hollywood, said he is one of the original volunteers supporting the sport; supported the request and said it is an example of the beach culture in the City; Paquita Lamb — supported the request; said a woman's group plays from 9:30 a.m. to 11:30 a.m. on Tuesdays and Wednesdays; and (No name given) — said she enjoys the sport and her relatives in Colorado and Texas have become interested also. Action: To approve installation of the third beach tennis court at Fourteenth Street adjoining the existing two courts, as recommended by staff. Motion Duclos, second Fishman. The motion carried by a unanimous vote. b. LEADERSHIP HERMOSA BEACH — ARTISAN BIKE RACK PROGRAM. Memorandum from Interim Public Works Director Frank Senteno dated February 16, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Kimberly Barbis — Hermosa Beach, gave a PowerPoint presentation providing details of the project, said the group received a grant from Beach Cities Health District and a fundraiser was scheduled for March 2 at the Comedy and Magic Club; said tickets were $20 per person; provided contact information for reservations and tickets; Dan Baranbo — Hermosa Beach resident and designer responded to Council questions about the sturdiness of the bike racks and the financial feasibility of adding one rack at a time in the future as a memorial to a loved one, similar to the memorial bench program; and Julian Katz — Public Works Commissioner responded to Council questions about the location of the bike racks and how to make the public aware of their existence. • Action: To provide final approval of Leadership Hermosa Beach Class of 2010's Artisan Bike Rack Program, allowing the group to select the color, and City Council Minutes 02-22-11 Page 13127 • to direct staff to work with Leadership Hermosa on the location of the Crown Jewel bike rack at Fourteenth Street. Motion Fishman, second Duclos. The motion carried by a unanimous vote. c. SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT — CONTRACT WITH CONSULTING COMPANY TO ASSIST WITH SOLID WASTE AND RECYCLING CONTRACT PROCESS, AND EXTEND FRANCHISE AGREEMENT WITH CONSOLIDIATED DISPOSAL SERVICES FOR DURATION OF CONTRACTING PROCESS. Memorandum from Community Development Director Ken Robertson dated February 16, 2011. Supplemental letter from Howard Longacre received February 22, 2011. 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 Coming forward to address the Council on this item was: Laith Ezzet — HF&H Consultants, said his firm had numerous specialists on their team, including a recycling expert and a public outreach specialist, and would perform a thorough job; and Sam Pena — Consolidated Disposal Service, said they have worked with HF&H in the past and would give them a good reference. Action: To direct City Manager to enter into an agreement for solid waste consulting services with HF&H Consulting and an extension of the Solid Waste and Recycling Franchise Agreement with Consolidated Disposal Services for the duration of this process, as recommended by staff. Motion Fishman, second Duclos. The motion carried, noting the dissenting vote of Mayor Tucker. At 9:02 p.m., the order of the agenda went to item 3(a) 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 Fishman to have staff provide updated traffic study for the southbound left turn movement from Aviation Blvd. to Prospect Ave. to determine if changed conditions may warrant another review by the Public Works Commission. Mayor pro tem Fishman spoke to his request, urging the Council to order an updated traffic study because the data being used to analyze the area is from 2004. City Council Minutes 02-22-11 Page 13128 Action: To agendize the topic for a future Council meeting. Motion Fishman, supported by Duclos and Mayor Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 22, 2011, at the hour of 9:10 p.m. to a Regular meeting to be held on March 8, 2011, at 6:00 p.m. City Clerk • • City Council Minutes uty City Clerk 02-22-11 Page 13129 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held Tuesday, March 8, 2011, at the hour of 6:04 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 February 22, 2011. 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 4. 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 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the • City of Hermosa Beach adjourned on Tuesday, March 8, 2011, at the hour of 6:05 p.m., to a closed session. City Council Minutes 03-8-11 Page 13130 • 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 7:06 p.m. • PLEDGE OF ALLEGIANCE — Jerry Gross ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the agenda items discussed were City employee labor unions, real property negotiations on the lease of City property, and an employment evaluation of the City Manager, with no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos discussed the V.I.P. (Volunteers in Policing) program, in which he participates; welcomed new members and thanked all the volunteers for their assistance to the City's law enforcement personnel. Mayor pro tem Fishman said the new fields looked great at the Little League 60th Anniversary Opening Day; reminded everyone about the St. Patrick's Day Parade on Saturday, March 12 at 11 a.m. Councilmember DiVirgilio commended Joe Charles for his enthusiasm and inspiration to the good health of Hermosa Beach residents and his efforts to raise funds with his Pier to Pier Walk/Run on March 5. Mayor Tucker congratulated the Hermosa Little League on its 60th anniversary and praised the organization for the life lessons learned by participants in addition to the sport; invited the community to the Chamber of Commerce sponsored State of the City address on Thursday, March 10 at 6 p.m., at the Beach House. He thanked the Chamber for handling the St. Patrick's Day parade this year since the City had no funding for this wonderful tradition; suggested all residents attend the School Board meeting at 7 p.m. Wednesday, March 9, in the Council Chambers to hear an important presentation regarding the future of the School District and whether or not it will be necessary financially to merge with another local district. He asked the Council to adjourn the meeting in memory of recently retired City employee, Public Works Administrative Assistant Rhea Punneo, who passed away March 7, 2011. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. • Coming forward to address the Council at this time were: City Council Minutes 03-8-11 Page 13131 • • George Renshaw - President of the Hermosa Beach Lawn Bowling Club, invited the Council and the community to their 75th Anniversary Open House beginning at 10 a.m., on Saturday, March 26, with lessons, games and a barbeque; Jim Lissner- Hermosa Beach, submitted information which he said included a written report submitted at the February 28 Business License Tax Review Committee meeting indicating that the downtown restaurants and bars received from the City a daily subsidy of $4,284 more than the revenue the City received in security services; Chris Karkenny - Hermosa Beach, opposed a tattoo parlor near his neighborhood; understood the business is allowed by the Ninth Court decision but said it should be only in commercial areas of the city like Pacific Coast Highway and Aviation Boulevard, not near residences; Susan Darcy - Hermosa Beach, opposed a tattoo parlor near her neighborhood; said the Council made the decision of these business locations without public input which would have been given had the public been aware the topic was on the agenda; Greg Maffei - Hermosa Beach, opposed a tattoo parlor near residential neighborhoods; said the Council had neglected to obtain public input; Hanes Vengarian - Hermosa Beach, disagreed that the Ninth Circuit Court decision should have been considered final; said other options should have been pursued and the moratorium extended for two more years; (No name given) - Hermosa Beach, said she never saw a sign on the building indicating the type of business that would be in this location; Sally Liu - Hermosa Beach, agreed tattoo parlors should not be allowed near residences; said residents were busy and could not always check the Council agenda before each meeting; Tim Beck - Heal the Harbor, Manhattan Beach, said his offer to demonstrate methods for removing the dead fish in Redondo Beach's King Harbor had been rejected; said he opposed tattoos but supported a European style beach which would attract tourists with layovers at LAX; Tully Rayna - Hermosa Beach, said he was not aware a tattoo parlor was allowed near his home; urged the Council to correct the mistake they made and provide transparency to the public in the future; and Jeff Lynn - Hermosa Beach, voiced concern that tattoo parlors could invite an undesirable clientele and create a potentially dangerous atmosphere. City Attorney Jenkins discussed the complexities of the tattoo parlor issue. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h). Motion Fishman, second Duclos. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM • CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF FEBRUARY 17, 2011 AND FEBRUARY 22, 2011. City Council Minutes 03-8-11 Page 13132 • Action: To receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of February 17, 2011 and February 22, 2011. • • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62316 THROUGH 62446. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 61902, 61972 and 62289 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 DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated February 23, 2011. Claimant: Cleanstreet, Inc. Date of Loss: 10-26-10 Date Filed: 02-17-11 Allegation: Loss of business Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (e) RECOMMENDATION TO APPROVE A REQUEST FROM HERMOSA BEACH ART WALK TO ALLOW TWO MOBILE FOOD SERVICE TRUCKS AT THE ART WALK EVENT ON JUNE 11 AND 12, 2011, FROM 11:00 A.M. TO 4:00 P.M. Memorandum from City Manager Stephen Burrell dated February 24, 2011. (f) Action: To approve a request from Hermosa Beach Art Walk to allow two mobile food service trucks at the Art Walk event on June 11 and 12, 2011, from 11:00 a.m. to 4:00 p.m. as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF FEBRUARY 16, 2011. Action: To receive and file the action minutes of the Public Works Commission meeting of February 16, 2011. City Council Minutes 03-8-11 Page 13133 • • • (g) RECOMMENDATION TO APPROVE THE PROPOSAL FROM THE SOCAL HONDA DEALERS' ASSOCIATION TO BUY OUT PARKING METERS ON HERMOSA AVENUE (END TO END) ON A SATURDAY IN MID TO LATE JULY AND TO APPROVE THE PLACEMENT OF TWO HONDA BANNERS. Memorandum from City Manager Stephen Burrell dated March 2, 2011. Action: To approve, as recommended by staff, the proposal from the SoCal Honda Dealers' Association to buy out parking meters on Hermosa Avenue (end to end) on a Saturday in mid to late July and to approve the placement of two Honda banners. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP NO. 71193 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 173 LYNDON STREET (NEW ADDRESSES ARE 171 LYNDON STREET AND 174 FIRST COURT). Memorandum from Community Development Director Ken Robertson dated February 28, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6732, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 71193, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM LOCATED AT 171 LYNDON STREET AND 174 FIRST COURT (PREVIOUSLY KNOWN AS 173 LYNDON STREET), LEGALLY DESCRIBED AS LOT 30, BLOCK 41, FIRST ADDITION TO HERMOSA BEACH TRACT, IN THE CITY OF HEREMOSA BEACH, CALIFORNIA." At 8:15 p.m., the order of the agenda went to public hearing items 5 (a) and (b). 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1322 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM LIGHT MANUFACTURING IM -1) TO TWO-FAMILY RESIDENTIAL (R-2) ON A LOT AT 623 THIRD STREET, LEGALLY DESCRIBED AS THE NE 30 FEET MEASURED ON NW AND SE LINES OF LOTS 44, 45 AND LOT 46= WALTER RANSOM CO'S VENABLE PLACE, HERMOSA BEACH." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 2, 2011. Action: To waive full reading and adopt Ordinance No. 11-1322 Motion Duclos, second Bobko. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None City Council Minutes 03-8-11 Page 13134 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION • • There were no items removed from the consent calendar for separate discussion. 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE DURING LATER HOURS (AFTER 10 P.M.) THAN WHAT IS OTHERWISE PERMITTED BY RIGHT IN CONNECTION WITH A NEW RESTAURANT (THE COUNTER) AT 719 PIER AVENUE (CURRENTLY OCCUPIED BY EL POLLO LOCO). Memorandum from Community Development Director Ken Robertson dated March 2, 2011. Supplemental emails received March 8, 2011, from Sally Liu, Suzanne & Craig Greeley, Cindy Flynn, and Alexandra Nuttall -Smith. Senior Planner Pam Townsend presented the staff report and responded to Council questions. Mayor pro tem Fishman and Councilmember Duclos disclosed that they had met with the applicant. The public hearing opened at 8:26 p.m. Coming forward to address the Council on this item were: John Shapiro — Hermosa Beach resident and representing The Counter, said patrons frequent their restaurant for the food, not alcohol, so no one would order five beers at 9:55 p.m. as has been suggested; said their high quality burgers were not fast food and took time to prepare, so a meal would need to be ordered about 45 minutes before it is served; Curtis Maqleby — Manhattan Beach resident and representing The Counter, said their Torrance restaurant gets a lot of business from West High families, and the Hermosa location would attract Mira Costa families; said a 10 p.m. closing would not give patrons enough time for a meal after a high school sporting event or a little league game; said 83% of their sales was from food; Steve Scandura — Hermosa Beach, said his home was close to this location and he was happy to have this restaurant nearby; urged the Council to help this new restaurant succeed by not applying undue restrictions; Sally Liu — Hermosa Beach, expressed concern about what future business might take over the conditional use permit; said if The Counter had taken advantage of the allowance, by right, for restaurants closing at 10 p.m. to serve beer and wine, there would not be a precedent set for others to ask for the "soft closing" at 11 p.m. but not allowing alcohol after 10 p.m., which will be unmanageable and unenforceable; City Council Minutes 03-8-11 Page 13135 • Jim Lissner — Hermosa Beach, said these types of requests contribute to the bar environment in the city, which he believes lead to businesses like tattoo parlors choosing Hermosa Beach for their location; agreed a precedent was being set if this request is granted; Lynn Pope — realtor, said balance is needed to achieve both success for businesses and peace for residents; suggested restricting taxis to non- residential streets to prevent them from racing past homes late at night; and Dency Nelson — Hermosa Beach, said this restaurant is not a bar but rather the kind of restaurant the city needs; thought it was a shame that it is difficult for them to provide beer and wine for customers who like these drinks with their burgers; said he did have a concern about another business which might take over their CUP. The public hearing closed at 8:42 p.m. Action: To direct staff to return with a resolution allowing the restaurant to close at 11 p.m., on Friday and Saturday but with no liquor ordered, served, or consumed after 10 p.m., and stating that any violation of conditions of the Alcohol and Beverage Control license will be considered as violations of their Conditional Use Permit. Motion Bobko, second Fishman. The motion carried, noting the dissenting votes of DiVirgilio and Mayor Tucker. The meeting recessed at 9:10 p.m. The meeting reconvened at 9:20 p.m. b. APPEAL OF THE PLANNING COMMISSION RESOLUTION ADOPTED ON JANUARY 18, 2011, DENYING A CONDITIONAL USE AMENDMENT TO DELETE OR MODIFY THE RESTRICTIONS ON THE NUMBER OF TELEVISIONS ALLOWED AT AN EXISTING RESTAURANT WITH ON - SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT AT 22 PIER AVENUE (WATERMAN'S). Memorandum from Community Development Director Ken Robertson dated March 2, 2011. Senior Planner Pam Townsend presented the staff report and responded to Council questions. The public hearing opened at 9:25 p.m. Coming forward to address the Council on this item was: Jeff Bellandi — Waterman's business owner, detailed the history of Waterman's and his former restaurant at the same location, Dragon, regarding the televisions that had been allowed over the years. Action: To approve the staff recommendation to adopt Resolution No. 11- 6733, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING City Council Minutes 03-8-11 Page 13136 • • • COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO DELETE OR MODIFY THE CONDITION RESTRICTING THE NUMBER OF TELEVISIONS AT AN EXISTING RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, AT 22 PIER AVENUE, "WATERMANS HB," LEGALLY DESCRIBED AS LOT 6, BLOCK 12, HERMOSA BEACH." Motion Fishman, second DiVirgilio. The motion carried, noting the dissenting vote of Bobko. 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. MAYOR'S CHALLENGE FOR WATER CONSERVATION. Memorandum from Mayor Tucker dated March 3, 2011. Mayor Tucker and City Manager Burrell explained the challenge. City Manager Burrell said if the resolution is adopted, he will work with the City's Public Relations firm to publicize the website to which residents can go to participate in water conservation to assist with the challenge. Action: To approve the staff recommendation to adopt Resolution No. 11- 6734, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN SUPPORT OF THE "WYLAND MAYOR'S CHALLENGE FOR WATER CONSERVATION." Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. At 10:01 p.m., the order of the agenda went to item 3(a) 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Rhea Punneo, on Tuesday, March 8, 2011, at the hour of 10:02 p.m. to a Regular meeting to be held on March 22, 2011, at 6:00 p.m. City Council Minutes uty City Clerk 03-8-11 Page 13137 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, March 22, 2011, at the hour of 5:32 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager 3. MINUTES: Approval of minutes of Closed Session meeting held on March 8, 2011. ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 22, 2011, at the hour of 5:33 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:04 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:13 p.m. PLEDGE OF ALLEGIANCE — George Schmeltzer ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the closed session began; said the performance evaluation for the City Manager was discussed, and an item regarding threatened litigation was added unanimously to the agenda, with no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos announced a City -sponsored free composting class at 10 a.m. Saturday, March 26. at Valley Park; said the Green Task Force subcommittee hold a public meeting with members of the Restaurant Association on Monday, March 28, in the Council Chambers to discuss a ban on Styrofoam containers; said he attended the Ahwahnee Conference in Yosemite, City Council Minutes 03-22-11 Page 13138 • • • focusing on livable communities; said the group was celebrating its 20th anniversary and he distributed copies of the environmental topics, many of which were the Ahwahnee Principles being discussed twenty years ago. Mayor pro tem Fishman congratulated three Hermosa residents who participated in the Los Angeles marathon the previous weekend: Annie Seawright Newton, Kristen Cooley and Rich Gust. He next congratulated Gila Katz on being honored by Assemblywoman Betsy Butler as the 53rd Assembly District's Woman of the Year. Councilmember Bobko showed a booklet with drawings and notes he received from students after he read a Dr. Seuss book to a Hermosa View School class as his participation in Read Across America; commented on the success and enjoyable Hearts of Hermosa Education Foundation fundraiser held recently at St. Rocke. Mayor Tucker thanked all who attended and supported Hearts of Hermosa; said a prestigious Pisces Award was presented to Hermosa Beach by the Environmental Protection Agency for its water filtration system; said Hermosa Beach, Redondo Beach and Manhattan Beach had joined together to organize a Red Cross relief fund for Japan with details to be available soon on City websites and newspapers, along with information the beach cities have made for their own emergency plans. PROCLAMATIONS / PRESENTATIONS CHILDHOOD CANCER AWARENESS WEEK MARCH 20 — 26, 2011 Mayor Tucker read the proclamation and said it would be sent to the proper party. PRESENTATION BY THE HERMOSA BEACH CITY SCHOOL DISTRICT STRATEGIC PLANNING TASK FORCE Hermosa Beach School District Superintendent Dr. Bruce Newlin said this was the second interim report from the District, noted the information was on their website and introduced Task Force Members Greg Breen and George Schmeltzer who would present information to the City Council. Greg Breen gave a PowerPoint presentation describing the current financial problems, projections and plans for improvement. George Schmeltzer spoke of short term actions to be taken now and long term goals to begin now with results later; said it was important to keep the public informed especially since the majority of Hermosa residents do not have school age children; was grateful for the many volunteers offering assistance; discussed the possibility of a limited merger with other school districts, which he called "unification light." City Council Minutes 03-22-11 Page 13139 • • • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Dr. James McKinnell — Hermosa Beach, distributed information and cited health risks of tattoos and body piercing; provided his email address if the Council would like to contact him to obtain further information; Ashley Beck — Hermosa Beach, asked about legal expenses the City has incurred regarding tattoo parlors and urged the Council to severely regulate the businesses, calling tattoo parlor customers a liability; asked if body piercing is also protected by the First Amendment; Greg Muffei — Hermosa Beach, encouraged people to sign the online petition and look at Facebook and Twitter sites established by Hermosa Beach residents opposed to tattoo parlors; Carolyn Cutty — Hermosa Beach, said the City reversed its ban too quickly after the Court ruled tattoo parlors must be allowed; said property values would be affected adversely by the presence of tattoo parlors; Cammie Herbert — Hermosa Beach, said, in order to public safety, only the one tattoo parlor related to the lawsuit should be allowed. Susan Darcy — Hermosa Beach, asked the City Council to fix the problem they created; Jim Lissner — Hermosa Beach, asked that consent calendar item 2(m) be removed for separate discussion; and Larry Hiilyer — Hermosa Beach, opposed tattoo parlors and asked the City Council to schedule a public hearing. a. Letter from Hany S. Fangary dated March 16, 2011 requesting a public hearing regarding moratorium relating to authorizing tattoo parlors in Hermosa Beach. Coming forward to address the Council on this letter was: Hany Fangary — Hermosa Beach, encouraged residents to sign an online petition opposing tattoo parlors in the city at www.change.org, entering Hermosa Beach after reaching the site to locate the petition; said residents should have been given adequate notice and restrictions regarding operating hours and locations should have been established. Action: To receive and file the letter. Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote. City Attorney Jenkins discussed the City's legal history of tattoo parlors and the City's limitations on restrictions, because of First Amendment protection, regarding the Court decision which allowed tattoo parlors in the City. City Council Minutes 03-22-11 Page 13140 • • • Action: To direct the Planning Commission to study the tattoo issues further to determine if the ordinance could be modified in a way that would make the situation more acceptable to the community, but cautioned residents of the unlikelihood of that; and to direct staff to place all information on the City's website, with a fact sheet, timeline and frequently asked questions regarding tattoo parlors in Hermosa Beach. Motion Mayor Tucker, second Duclos. The motion carried by a unanimous vote. The meeting recessed at 9:18 p.m. The meeting reconvened at 9:35 p.m. 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) Mayor Tucker, and (m) Duclos. Motion Bobko, second Fishman. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Adjourned Regular meeting held on February 17, 2011; (2) Regular meeting held on February 22, 2011; and (3) Regular meeting held on March 8, 2011. Action: To approve, as presented, the City Council minutes of the Adjourned Regular meeting of February 17, 2011, the Regular meeting of February 22, 2011, and the Regular meeting fn March 8, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62453 THROUGH 62597. 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 Tentative Future Agenda Item; and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 03-22-11 Page 13141 Action: To receive and file the February 2011 financial reports: revenue and • expenditure report; City Treasurer's report, and Investment report. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated March 15, 2011. (f) Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO ACCEPT DONATIONS TOTALING $95.00 FROM VARIOUS DONORS TO BE USED FOR THE HERMOSA SENIOR ACTIVITY CENTER PROGRAMS. Memorandum from Finance Director Viki Copeland dated March 14, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept donations totaling $95 from various donors to be used for the Hermosa Senior Activity Center. Motion Tucker, second Fishman. The motion carried by a unanimous vote. • (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF MARCH 14, 2011. Action: To receive and file the action minutes of the Green Task Force meeting of March 14, 2011. (h) RECOMMENDATION TO APPROVE THE MURAL DEDICATION CEREMONY ON SATURDAY, MAY 14, 2011 FROM 5:30 P.M. TO 6:30 P.M., APPROVE CLOSURE OF 13TH COURT FOR THE EVENT; AND, ALLOW USE OF CHAIRS AND OTHER EQUIPMENT FOR THE EVENT. Memorandum from City Manager Stephen Burrell dated March 16, 2011. (i) • Action: To approve the Mural Dedication Ceremony from 5:30 p.m. to 6:30 p.m. on Saturday, May 14, 2011, approve closure of 13th Court for the event; and allow use of chairs and other equipment for the event, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 3, 2011. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 3, 2011. City Council Minutes 03-22-11 Page 13142 (j) RECOMMENDATION TO REJECT THE BID SUBMITTED BY Y & M • CONSTRUCTION, INC.; REJECT THE BID PROTEST SUBMITTED BY AVI- CON INC.; AWARD CONSTRUCTION CONTRACT FOR CIP NO. 99-631 BEACH RESTROOM IMPROVEMENTS TO ODC ENGINEERING & TECHNOLOGY OF AGOURA, CALIFORNIA IN THE AMOUNT OF $1,119,000, WHICH INCLUDES $54,000 FOR DEMOLITION OF THE 14TH STREET RESTROOMS; AWARD PROFESSIONAL SERVICES AGREEMENT TO DAVID MOMENI, P.E. TO PROVIDE INSPECTION SERVICES IN THE AMOUNT OF $26,000 FOR THE BEACH RESTROOM IMPROVEMENTS PROJECT; AUTHORIZE THE ADDITIONAL APPROPRIATION OF $254,284 FROM 122 TYCO FUND FOR A TOTAL APPROPRIATION OF $796,421; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Interim Public Works Director Frank Senteno dated March 15, 2011. • • Action: To approve the staff recommendation to: (1) Reject the bid submitted by Y & M Construction, Inc.; (2) Reject the bid protest submitted by AVI-CON Inc.; (3) Award construction contract for CIP NO. 99-631 BEACH RESTROOM IMPROVEMENTS to ODC Engineering & Technology of Agoura, California in the amount of $1,119,000, which includes $54,000 for demolition of the 14th Street restrooms; (4) Award Professional Services Agreement to David Momeni, P.E. to provide inspection services in the amount of $26,000 for the Beach Restroom Improvements Project; (5) Authorize the additional appropriation of $254,284 from 122 Tyco Fund for a total appropriation of $796,421; (6) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the City Attorney; and, (7) Authorize the Director of Public Works to make changes as necessary within the approved budget. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 15, 2011. (1) Action: To receive and file the action minutes of the Planning Commission meeting of March 15, 2011. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AN APPLICATION FOR CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FUNDS. Action: To approve the staff recommendation to adopt Resolution No. 11- 6735, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes 03-22-11 Page 13143 • (m) HERMOSA BEACH, CALIFORNIA, APPROVING AN APPLICATION FOR CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FUNDS." RECOMMENDATION TO ADOPT A RESOLUTION SUSTAINING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT TO ESTABLISH OUTDOOR DINING, AND APPROVING ON -SALE BEER AND WINE AFTER 10:00PM IN CONJUNCTION WITH A NEW RESTAURANT, "THE COUNTER", AT 719 PIER AVENUE (CURRENTLY OCCUPIED BY 'EL POLLO LOCO'). Memorandum from Community Development Director Ken Robertson dated March 14, 2011. Supplemental Staff memo requesting clarification, with alternate resolution attached, received on March 22, 2011. This item was removed from the consent calendar by Councilmember Duclos, at the request of Jim Lissner, for separate discussion later in the meeting. Community Development Director Robertson presented the staff report and responded to Council questions, explaining that staff was seeking clarification of the motion made at the previous meeting of March 8. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council at this time were: Jim Lissner— Hermosa Beach, said he did not favor allowing beer and wine by right for restaurants closing at 10 p.m., but opposed even more the "soft closing:" concept which would allow The Counter to stay open until 11 p.m., on the weekends but stop alcohol at 10 p.m.; and Curtis Magleby — Manhattan Beach resident representing The Counter, said they would rather customers be allowed to consume beer and wine after 10 p.m., even though ordering and serving would stop at that time, but they would agree to this prohibition. Proposed Action: To confirm that the intent of the March 8 motion was to include the prohibition on alcohol consumption after 10 p.m. and adopt the alternate resolution presented this evening which included this condition in Section 6.2. Motion Bobko, second Fishman. The motion failed, noting the dissenting votes of Duclos, DiVirgilio and Mayor Tucker. Action: To direct staff to return with a resolution to sustain the Planning Commission decision in all respects. Motion Councilmember DiVirgilio, second Mayor Tucker. The motion passed, noting the dissenting votes of Bobko and Fishman. • 3. CONSENT ORDINANCES - None At 9:36 p.m., the order of the agenda went to public hearing item 5(a). City Council Minutes 03-22-11 Page 13144 • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • Items 2(f) and (m) were heard at this time but are shown in order for clarity. Item 2(m) was discussed at 11:25 p.m., followed by item 2(f) at 11:48 p.m. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 11:50 p.m., the order of the agenda went to item 7(a). 5. PUBLIC HEARINGS a. FIRE PROTECTION IMPROVEMENT FEE. Memorandum from Fire Chief David Lantzer dated March 10, 2011. Fire Chief Lantzer presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins responded to Council questions. The public hearing opened at 10:01 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:01 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1323, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADJUSTING THE FIRE PROTECTION IMPROVEMENT FEE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. POLICY DISCUSSION ON REGULATIONS AND PERMITTING FOR ON - SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING WAYS TO REDUCE EXISTING AND UNUSED CAPACITY OF ON -SALE ALCOHOL ESTABLISHMENTS, AND A CAP ON THE NUMBER OF RESTAURANTS WITH ON-SITE ALCOHOL ON UPPER PIER AVENUE. Memorandum from Community Development Director Ken Robertson dated March 16, 2011. Supplemental email from Sally Liu received on March 22, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to questions. Coming forward to address the Council on this item were: City Council Minutes 03-22-11 Page 13145 • • • Sally Liu — Hermosa Beach, said the City has a reputation as a place to drink and party and opposed alcohol -serving businesses spreading up to Upper Pier Avenue; favored the concept of a cap on alcohol -serving establishments; Jeannie Gunther — Hermosa Beach, opposed allowing full alcohol in exchange for an earlier closing time; spoke of her experience with inebriated people on her lawn, unable to stand, at 10:30 p.m.; Dino Capalidi — Buona Vita Restaurant owner, referred to their request for full alcohol with an earlier closing time, which would not transform them into a sports bar as some feared; said he had no desire to see Upper Pier Avenue become like Pier Plaza; Lea Capalidi — Buona Vita Restaurant owner, in response to Sally Liu's email, said liquor licenses were not simply given away, they were expensive; Jim Lissner— Hermosa Beach, opposed trading shorter hours for full alcohol; said such a process would be complicated and lead to accusations of favoritism; (No name given) — said he had frequented Pier Plaza when he was young but would now simply like to have a nice dinner with a martini, as he does not like beer or wine; said a restaurant closing at 10 p.m. should not cause problems; and (No name given) — said the issue could be solved by distinguishing clearly between a restaurant and a bar; said a restaurant closing at 10 p.m., even with full alcohol should not be a problem. Action: To direct the Planning Commission to develop a plan to reduce existing and unused alcohol establishments, utilizing Council ideas from this evening, input from restaurant and bar owners, and public input from a noticed public hearing, with consideration to include the value of capping the number of restaurants and bars. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. b. VENDOR FOOD TRUCKS. Memorandum from City Manager Stephen Burrell dated March 17, 2011. Supplemental email from Robert C. Aronoff received on March 22, 2011. 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, urged the Council to make the decision themselves rather than directing a City commission to do further study; Curtis Magleby — Manhattan Beach resident representing The Counter, said it was illogical for the Council to claim there are too many restaurants in town and at the same time consider allowing food trucks; and Kevin Barron — General Counsel for the Southern California Mobile Food Vendors Association, said the City had no authority to regulate the activities of food trucks unless public safety was threatened. City Council Minutes 03-22-11 Page 13146 • • Action: To refer the matter to the Parks, Recreation and Community Resources Advisory Commission for review and recommendation to Council. Motion Fishman, second Duclos. The motion carried by a unanimous vote. At 11:25 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion, specifically item 2(m), followed by 2(f). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PUBLISHING OF PUBLIC NOTICES. Memorandum from City Manager Stephen Burrell dated March 17, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to put a notice in the Easy Reader at least ten days before the repeal and/or introduction of any Ordinance being considered by the City Council. Motion Fishman, second Duclos. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS: UPCOMING EXPIRATION OF TERMS ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated March 15, 2011. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Emergency Preparedness Advisory Commission terms that will expire May 31, 2011. Motion Bobko, second Fishman. 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, March 22, 2011, at the hour of 11:53 p.m., to an Adjourned Regular meeting to be held on March 29, 2011, at 7:00 p.m. for a Cost of Services Study workshop. I- • City Clerk D�• • y City Clerk City Council Minutes 03-22-11 Page 13147 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 29, 2011, at the hour of 7:04 p.m. PLEDGE OF ALLEGIANCE — Frank Senteno ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION — None ANNOUNCEMENTS — Councilmember DiVirgilio spoke of a recent memorial service that he attended at City Hall for former employee Rhea Punneo, who he got to know when he was a Public Works Commissioner. He spoke of how Rhea had touched the lives of so many staff members, and noted that many of the numerous beanie babies she had given as gifts over the years were displayed throughout the Council Chambers during the memorial services. COST OF SERVICES STUDY. Memorandum from Finance Director Viki Copeland dated March 2, 2011. Finance Director Copeland said the summary report had been prepared to make the • information easier to review, as requested by Council at the last workshop meeting. Eric Johnson, Vice President of Revenue & Cost Specialists, LLC, noted that the fee shown in the previous report for animal control services was too high and has been adjusted. He said the number of grease control device inspections per year is three rather than four as shown in the document. He responded to Council questions as they reviewed page by page all fees in the cost of services study, noting that it was up to the Council to decide whether or not to subsidize services with tax dollars. City Manager Burrell, Finance Director Copeland, Police Chief Savelli and Fire Chief Lantzer also responded to Council questions. • Council members addressed numerous issues, including the following items: • The importance of having staff review the way things are done and look for ways to streamline procedures; • The feasibility of increasing some fees incrementally instead of all at once, such as 25% the first year, 25% the next year, and so on; • The need to review fees every two years and adjust accordingly, since costs may change as the City moves forward with online permits, etc.; • A re-evaluation of fence/wall CUP fees and text amendment fees; • To have non-profit groups go through the process of requesting waivers of the new fee for mural projects rather than exempting them outright; • To consider continuing to waive fees for solar plan checks and inspections as has been done up to now; City Council Minutes 03-29-11 Page 13148 • • • • The possibility of Increasing the number of Clean Bay restaurant-NPDES inspections to more than once per year; • To consider re-evaluating police false alarm response fees and increasing if necessary to bring it up to an average of what other cities charge; • To eliminate the proposed fee for non-resident baby seat inspections which have been conducted free for the past 27 years; • With regard to the annual business fire inspections, the possibility of doubling the fee for third and subsequent follow-up inspections; and • To work on theater services and alternative funding methods. City Manager Burrell said April 26, 2011 is the proposed date for the public hearing. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 29, 2011, at the hour of 9:52 p.m. to an Adjourned Regular Meeting of Friday, April 8, 2011, at the hour of 8:00 a.m. for a goals workshop. City Council Minutes 03-29-11 Page 13149 MINUTES OF THE SPECIAL/ADJOURNED REGULAR MEETING OF THE CITY • COUNCIL of the City of Hermosa Beach, California, held on Friday, April 8, 2011, at the hour of 8:15 a.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION — None CITY COUNCIL GOALS/PLANNING WORKSHOP 1. REVIEW OF 2010-12 GOALS STATEMENT. Memorandum from City Manager Stephen Burrell dated April 5, 2011. City Manager Burrell said the purpose of the workshop was to have the City Council review the items they established in their 2010 Goals Statement, and then change the priority of items, if desired, add new items and/or eliminate those that are no longer needed. The Council then reviewed and discussed the 2010 Goals Statement. Environmental Sustainability • Consider goal #1 (long-term sustainability plan — Cool City Pledge) to be the master plan; • Add a statement to goal #1 reflecting that it would include review of the new trash contract as well as others; • Combine goal #3 (reduce City energy use) with goal #1 to be a carbon neutral goal which includes the Cool City Pledge and highlights reduced energy use; and • Move goals #2 (green enterprise zone), #4 (beach bus) and #5 (bike station) to be subsections under goal #1. Government Operations • Delete goal #1 (two-tier benefits and PERS) and goal #3 (bi-monthly commission meetings) since they have been accomplished; • With regard to goals #2 (transparency — reports and quarterly goal reports) and #3 (connectivity), it was noted that everything would be moved onto the new website soon; • Add a new goal to put permits and fees online for efficiency purposes; • Have department heads continue internal audits of City positions for consideration of outsourcing or use of part-time/temporary employees; and • Add core functions/efficiency as a category and schedule, after the budget is adopted, a meeting with a facilitator to look at the structure of the City, positions and core responsibilities; City Council Minutes 04-08-11 Page 13150 • • Infrastructure Development and Maintenance • Drop goal #3 (parking lot/development of Civic Center site), since it will not be considered anytime in the near future; • Delete goal #5 (grand opening of Upper Pier Avenue) since it has been accomplished; • Retain goals #1 (residential street paving), #2 (street and sewer repairs) and #4 (community garden); • Add as goals: (1) further exploration of the pay parking program to determine the efficiency of parking meters versus pay stations; and (2) trash enclosures in the downtown parking lots; and • Add citywide storm water diversion, as well as tidal surge protections along the Strand. Mayor Tucker left the meeting at 9:35 a.m., and Mayor Pro Tem Fishman chaired the remainder of the meeting. Liability Containment • Delete goals #3 (employees lawsuit to be more public and open) and #4 (Ironman — possible report) because both items are now routine operations; • The City's new website will include FAQ and a data bank to answer questions as public information regarding goal #1 (Macpherson Oil Company Litigation); • Add citywide storm water diversion and tidal surge protections along the Strand to goal #2 (NPDES); and • Add (as a practice, not a goal) mandatory annual video-taped training on a Saturday morning by the City Attorney covering the Brown Act, conflict of interest, emails, etc. for all Council members and board/ commission members. Long Range Planning Development Policies • Add Aviation to goal #1 to read "PCH/Aviation Planning"; • Add Local Coastal Plan to goal #3 (General Plan); • Remove as goals #2 (SPA Downtown), #3 (In -Lieu Parking) and #3 (General Plan/Local Coastal Plan) and change them to tasks; • Direct the City Manager to return with cost and timeline for General Plan update, zoning ordinance and Municipal Code, reporting on all items in one document; and • Add a goal to re-evaluate the residential parking permit program, noting the good ideas put forth by residents and downtown merchants at the previous public hearing on the issue; also consideration of changing the street sweeping hours in the impacted area from early morning to late afternoon. • The meeting recessed at 10:05 a.m., at which time City Attorney Jenkins left. The meeting reconvened at 10:20 a.m. City Council Minutes 04-08-11 Page 13151 • • • Economic Development • Include goal #1 (business -friendly policies—streamline/staff) at meeting addressing core responsibilities, noting some approvals are one-stop, while those requiring public input require a longer process; • Delete goal #2 (economic development plan) since the PCH/Aviation plan will be the citywide model; • Goal #3 (business license tax blue ribbon committee) is nearing completion; and • Delete goal #4 (branding the City) since it has been accomplished, with "Best Little Beach City" as the City's brand. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, April 8, 2011, at the hour of 10:34 a.m. to the Regular Meeting of Tuesday, April 12, 2011, at the hour of 7:00 p.m. City Council Minutes 04-08-11 Page 13152 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, April 12, 2011, at the hour of 6:02 p.m. • ROLL CALL: Present: DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: 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. APPROVAL OF MINUTES: a) Closed Session meeting held on March 8, 2011; and b) Closed Session meeting held on March 22, 2011. 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 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Sines v. Hermosa Beach Case Number: BS131311 Anticipated litigation: Receipt of Claim: Government Code Section 54956.9(b)(2)(C) b) Claimant: George Brunn City Council Minutes 04-12-11 Page 13153 • 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 12, 2011, at the hour of 6:03 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:57 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:12 p.m. PLEDGE OF ALLEGIANCE — Thomas Brodie ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the closed session began; the four items on the agenda were discussed (employee union negotiations; performance evaluation for City Manager; a lawsuit; and a claim against the City, with no reportable actions taken. ANNOUNCEMENTS — Councilmember Duclos congratulated long-time Hermosa firefighter Brian Grebbien for his promotion to Captain; said last Saturday's Surfer's Walk of Fame Induction Ceremony was enhanced by inductee Tom Rice, 84, telling colorful stories of growing up in Hermosa Beach; asked to adjourn the meeting in memory of resident Patty Egerer whose family had been in Hermosa Beach for over 85 years, noting she had asked him to suggest a "shred day" as a service for residents and that he hoped he would be able to make it happen. Councilmember DiVirgilio announced that he and Councilmember Bobko had been asked to fill two seats on the South Bay Chamber Association, had attended their first meeting and hoped this would lead to a more active role in the City's association with the Hermosa Beach Chamber of Commerce; said demolition is complete at the net zero energy house being remodeled by Hermosa Beach resident Robert Fortunato who reported that 97% of the materials removed will be re -used in the project or have been recycled. Mayor Tucker thanked all who helped with the Surfer's Walk of Fame Induction, especially Spyder Surfboards; said surfing was an example of Hermosa Beach being a Vitality city; encouraged residents to participate in the Wyland Foundation's Mayor's Challenge to Conserve Water by signing up at www.mywaterpledge.com and thanked resident Dency Nelson and the Green Task Force for their assistance with this project; asked that the meeting also be adjourned in memory of Sally Hite, mother of city staff member Marcia Hall; Art Rutherford, a neighbor of his and former City Council Minutes 04-12-11 Page 13154 member of the Emergency Preparedness Advisory Commission; and, resident R. • Todd Torok; expressing condolences to all of their family members. • • PROCLAMATIONS NATIONAL LIBRARY WEEK APRIL 10-16, 2011 Mayor Tucker presented a proclamation, in recognition of National Library Week, to Community Library Manager Elmita Brown, who thanked the Mayor and described activities for all ages at the library. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Chris Miller — Historical Society Board Member, showed "Beautiful Hermosa Beach" license plate frames for sale at the Museum, open 2-4 p.m. on Saturday and Sunday, and 10 a.m.-noon on Wednesday; announced a history walk at 11 a.m. Saturday, April 16, beginning at the Community Center, announced a free "shred fest" at the Brea branch of Kinecta Federal Credit Union on Saturday, April 23, from 9 a.m. to 1 p.m. Mike Schlabach — Beach Cities Health District, invited the Council to participate in this year's Steppin' Out step -counting competition from April 26 to May 2 and provided pedometers for the competition; said details could be found at www.vitalitycity.com; Carol Tanner and two other participants in Hermosa 5-0 Senior Center — described the facility and its available activities, and encouraged all residents at least 50 years of age to get involved; Justin Hume — a Boy Scout, described his Eagle Scout project to improve the trail along the Greenbelt which he said was mentioned in the Park and Recreation Commission minutes; Bernie Robbins — Hermosa Beach, cited a recent Los Angeles Times article describing how Huntington Beach dealt with their problems of crime and alcohol, which he thought seemed similar to Hermosa's problems (Mayor Tucker said he read the article, contacted Huntington Beach to compare ideas, and would stay in touch in the future); Hany Vangary — Hermosa Beach, said the tattoo issue was on the next Planning Commission agenda and wondered if the Council had given the commission parameters for their analysis and recommendations (City Attorney Jenkins said there was guidance in the staff report and a representative from his office would be present); City Council Minutes 04-12-11 Page 13155 • • • Joe Charles- GI Joe Boot Camp, distributed flyers for the Pier to Pier Run on June 11, and announced details of the event; discussed his classes and his radio show; and Tim Beck - Heal the Harbor, described a product called cryo-crete which could be used to erect walls for protection from a tsunami, mud flow or other such disasters and offered to provide a demonstration. 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(d), (e) Tucker and (i) Fishman. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 22, 2011. Action: To approve, as presented, minutes of the Regular meeting of the City Council held on March 22, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62598 THROUGH 62757. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 62465, 62570 and 62610 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 as presented the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO APPROVE AN APPROPRIATION OF $10,000 TO PROP A ACCOUNT NUMBER 145-3409-4201 TO COVER INCREASED COSTS FOR PROVIDING TRANSPORTATION SERVICES FOR SENIOR AND SUMMER YOUTH ACTIVITIES AND EXCURSIONS. Memorandum from City Manager Stephen Burrell dated March 30, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve an appropriation of $10,000 to Prop A account number 145-3409-4201 to cover increased costs for providing transportation services City Council Minutes 04-12-11 Page 13156 • • • for senior and summer youth activities and excursions, as recommended by staff. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ACCEPT DONATIONS OF $40.00 FROM VARIOUS DONORS TO BE USED FOR THE HERMOSA SENIOR ACTIVITY CENTER. Memorandum from Finance Director Viki Copeland dated April 5, 2011. (f) (g) This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - Donations totaling $40 from Sue Horger ($20), Fredelle Day ($10), and Ria Deuerlein ($10) to be used for Hermosa Senior Activity Center Programs. Motion Mayor Tucker, second Bobko. The motion carried by a unanimous vote. 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 2011-2012. Memorandum from Interim Public Works Director Frank Senteno dated April 4, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6736, 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 40F 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 CLAIFORNIA, 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, 2011, AND ENDING JUNE 30, 2012." RECOMMENDATION TO APPROVE AN EXCHANGE AGREEMENT WITH THE CITY OF LAWNDALE TO SELL $90,000 OF THE CITY'S UNSPENT COMMUNITY DEVELOPMENT BLOCK GRAND (CDBG) FUNDS FOR $63,000 IN UNRESTRICTED FUNDS. Memorandum from Community Development Director Ken Robertson dated April 4, 2011. City Council Minutes 04-12-11 Page 13157 • • • Action: To approve the staff recommendation to adopt Resolution No. 11- 6737, 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 LAWNDALE FOR THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS." (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 5, 2011. (i) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 5, 2011. RECOMMENDATION TO ADOPT A RESOLUTION DENYING AN APPEAL AND SUSTAINING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT TO ESTABLISH OUTDOOR DINING, AND THE DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE DURING LATE HOURS (AFTER 10:00 P.M.) THAN WHAT IS OTHERWISE PERMITTED BY RIGHT IN CONJUNCTION WITH A NEW RESTAURANT, "THE COUNTER", AT 719 PIER AVENUE (CURRENTLY OCCUPIED BY 'EL POLLO LOCO'). Memorandum from Community Development Director Ken Robertson dated April 5, 2011. This item was removed from the consent calendar by Mayor pro tem Fishman for separate discussion later in the meeting. City Attorney Jenkins and Community Development Director Robertson responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 11- 6739, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO ESTABLISH OUTDOOR DINING AND DENIAL OF A CONDITIONAL USE PERMIT FOR ON -SALE BEER AND WINE FOR LATER HOURS (PAST 10:00 P.M.) THAN WHAT IS OTHERWISE PERMITTED BY RIGHT, IN CONNECTION WITH A NEW RESTAURANT (`THE COUNTER'), AND SUPERSEDING BOARD OF ZONING ADJUSTMENT RESOLUTION 154- 576, AT 719 PIER AVENUE, WITHIN THE PLAZA HERMOSA SHOPPING CENTER, LOCATED AT 1559 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT 9203, AND LOTS 11-18 INCLUSIVE, BLOCK 80, SECOND ADDITION TO HERMOSA BEACH." Motion Fishman, second Duclos. The motion carried, noting the dissenting vote of Bobko. City Council Minutes 04-12-11 Page 13158 (j) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS • FUNDS FOR THE PURCHASE OF IAPro SOFTWARE, PUMA ENTERPRISE DIGITAL RECORDING SOFTWARE, EIGHT (8) AR -15 RIFLES, AND WeTIP PROGRAM FEE IN THE AMOUNT OF $36,615.30. Memorandum from Police Chief Greg Savelli. • Action: To approve the staff recommendation to authorize the appropriation of COPS funds for the purchase of IAPro Software, PUMA Enterprise digital recording software, eight (8) AR -15 rifles, and WeTip Program Fee in the amount of $36,615.30. (k) RECOMMENDATION TO ACCEPT THE BIDS FOR THE JAIL SURVEILLANCE CAMERA SYSTEM AND AWARD THE BID TO STANLEY SECURITY SOLUTIONS IN THE AMOUNT OF $103,530 AND APPROPRIATE $9,813 FROM REPLACEMENT FUND. Memorandum from Police Chief Greg Savelli. Action: To approve the staff recommendation to accept the bids for the Jail Surveillance Camera System and award the bid to Stanley Security Solutions in the amount of $103,530 and appropriate $9,813 from replacement fund. At 8 p.m., the order of the agenda moved to public hearing item 5a. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1323 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADJUSTING THE FIRE PROTECTION IMPROVEMENT FEE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 6, 2011. Action: To waive full reading and adopt Ordinance No. 11-1323. Motion DiVirgilio, second Mayor Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d), (e) and (i) were heard at this time but are shown in order for clarity. City Council Minutes 04-12-11 Page 13159 Public comments on items removed from the Consent Calendar are shown • under the appropriate item. • • 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION RESOLUTION ADOPTED ON MARCH 15, 2011, DENYING A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A PARKING LOT AT 1429 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated April 4, 2011. Supplemental information from staff received April 12, 2011. 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 8:30 p.m. Coming forward to address the Council on this item were: Angela Caparelli McGerr — Hermosa Beach, said the proposed parking lot would provide no benefit to the neighborhood, unlike the previous burger and donut shops; Nell Stingley — Hermosa Beach, said the proposal would only provide a place for the rowdy crowds to continue partying after the bars closed; Bernie Robbins — Hermosa Beach, said Classic Burger created no problems, was a good neighbor, closed early and often rented their parking lot for special occasions; said the area residents deserved consideration; Mike McGerr — Hermosa Beach, said a parking lot would disturb the serenity of the residential neighbors; said his wife had a petition opposing the parking lot signed by 100 of the 107 neighbors she contacted; Jim Gierlich — Hermosa Beach, said he lived close to the proposed lot and agreed that partying from the bars would continue late at night; said 35 spaces weren't enough to justify disrupting the neighborhood; John McLaughlin — Hermosa Beach, agreed noise was the issue; said he wished the vacant lot could be re -zoned as R-3; doubted a parking lot was the most financially feasible use for the property owner; Tom Brodie — property owner/applicant, proposed the parking lot be open 24 hours a day, like City lots are, for use by residents, visitors, businesses and their employees, with parking rates less than those charged by the City; said the lot's westerly area would be for leased parking only, with the hourly rates for the rest; said the lot is surrounded by commercial properties even though some of them have a residential use; said this was an allowed use and he was complying with all City codes; The public hearing closed at 9:02 p.m Proposed Action: To sustain the Planning Commission decision. Motion Mayor Tucker, second Duclos. The motion was replaced by the following substitute motion. City Council Minutes 04-12-11 Page 13160 • Proposed Action: To direct staff to work with the property owner and the neighbors to redesign the project to everyone's satisfaction. The motion died for lack of a second. The main motion (below) was then restated and voted on. Action: To approve the staff recommendation to adopt Resolution No. 11- 6738, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S DENIAL OF A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A SURFACE PUBLIC PARKING LOT AT 1429 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 15 THROUGH 18, HERMOSA TRACT, HERMOSA BEACH," adding that the denial was without prejudice. Motion Mayor Tucker, second Duclos. The motion carried, noting the dissenting vote of Bobko. The meeting recessed at 9:37 p.m. The meeting reconvened at 9:50 p.m. 6. MUNICIPAL MATTERS • a. LIGHT POLE BANNER POLICY. Memorandum from City Manager Stephen Burrell dated April 7, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct the City Manager to explore, with Chamber of Commerce and other community groups, the concept of creating public art with light pole banners, with a report back to the Council on the entire proposed program. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. At 10:08 p.m., the order of the agenda went to item 3(a) 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST FROM THE CHAMBER OF COMMERCE FOR PLACEMENT OF AN ADVERTISEMENT IN THE HERMOSA BEACH CHAMBER OF COMMERCE'S 100TH ANNIVERSARY BUSINESS DIRECTORY & COMMUNITY GUIDE. Memorandum from City Manager Stephen Burrell dated April 12, 2011. • City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 04-12-11 Page 13161 • • • Action: It was the consensus of the Council to defer a decision until after the City Manager has talked to the Chamber about placing a welcome message from the Hermosa Beach City Council, free of charge and without listing the Councilmembers by name, rather than paying $2,235 for an advertisement.. 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 Sally Hite, Art Rutherford, Todd Torok and Patty Egerer, on Tuesday, April 12, 2011, at the hour of 10:22 p.m. to a Regular meeting to be held on April 26, 2011, at 6:00 p.m. City Clerk City Council Minutes puty City Clerk 04-12-11 Page 13162 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 26, 2011, at the hour of 6:30 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 April 12, 2011. 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: Jan D. Nguyen [Deceased: Timothy Turek] vs City of Hermosa Beach WCAB No.: ADJ7294080 b) Name of Case: Hermosa Beach Citizens United vs City of Hermosa Beach Los Angeles County Superior Court Case Number: BS131419 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 26, 2011, at the hour of 6:31 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 at 7:07 p.m. PLEDGE OF ALLEGIANCE — George Barks ROLL CALL: • Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None City Council Minutes 04-26-11 Page 13163 • CLOSED SESSION REPORT — City Attorney Jenkins said there was one public comment before the Council convened into closed session, where two litigation items were discussed — a worker compensation claim by a former employee and an unincorporated association challenging the City's tattoo ordinance, and reported that no reportable actions were taken. ANNOUNCEMENTS — Councilmember Duclos said the South Bay Bicycle Master Plan Blue Ribbon Committee, comprised of seven cities, had established a plan linking the cities and, after review by the participating cities, it was expected that the plan would be completed by June 2011 with final hearings in October or November. Mayor pro tern Fishman said two months ago he and Councilmember Duclos were asked by fellow Councilmembers to explore smoking in outdoor dining areas; said the Beach Cities Health District will conduct a town hall meeting in the Hermosa Beach Council Chambers on June 23, with further details to be provided later. Councilmember DiVirgilio said he was wearing his pedometer for the Beach Cities Health District's Steppin' Out program, as were most Councilmembers; said there would be a Vitality City group walking kickoff meeting at Hermosa Valley School to combine exercise and socialization as two facets of the Vitality City program. Councilmember Bobko said the Eagle Rock Patch site mentions that city's efforts to improve Colorado Boulevard and used elements of Hermosa Beach's Upper Pier Avenue project as an example of tandem parking, slowing down drivers, eliminating jaywalking and general beautification. Mayor Tucker said Hermosa was in first place in the Wayland Foundation's Mayor's Challenge to Conserve Water, with only four more days to sign up; said the online process takes only 30 seconds at http://www.wylandoceanchallenge.orq; praised the community for supporting the City's goals of being a cool city and carbon neutral, making Hermosa Beach a leader in the South Bay and all of Los Angeles County. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner— Hermosa Beach, urged residents to attend the Shared Services Summit that George Barks would announce this evening; asked the Council to protest the new liquor license applied for by Blue 32, noting the need to act quickly to meet the deadline; Stan Miles — South Coast Air Quality Management District, said Hermosa could nominate an individual or group for a clean air award and to contact the District for details; announced a lawn mower exchange at Hollywood Park in Inglewood on May 21, suggesting signing up quickly at http://www.agmd.gov/Default.htm as registration fills up quickly; City Council Minutes 04-26-11 Page 13164 • • • Frank Angel - attorney representing Michael Sines in his lawsuit against the City, urged the Council to amend the City's noise ordinance to once again include decibel levels to determine Code violations; Ira Ellman - Hermosa Beach, said it was offensive that two councilmembers were publically rude to neighboring residents opposing a microbrewery several meetings ago and more recently to residents opposing a parking lot near their homes; Barbara Ellman - Hermosa Beach, said residents feel comfortable speaking before the Council and do not expect to be belittled when speaking on topics such as the microbrewery, liquor licenses and tattoo parlors; Tim Beck - Heal the Harbor, spoke of beach erosion, diesel spill clean-up, biking on Hermosa Avenue, tsunami protection, renaming the plaza to International Pier Plaza, and even tanning for European tourists; asserted a Brown Act violation for allowing him only three minutes after giving a previous speaker extra time (the City Attorney said Mr. Beck gave public comment before this evening's closed session and has given the same information at many previous Council meetings, while the speaker given extra time had not come before the Council before); George Barks - Redondo Beach resident/Hermosa Beach property owner, announced a Sister Cities fundraiser at Ortego 120 from 3 to 5 p.m. Sunday, May 15, for $25 per person; and a Shared Services Summit at 7 p.m. Thursday, May 5, in the Hermosa Council Chambers for the beach cities to begin a dialogue on saving money and increasing efficiency with other cities who have had success in this endeavor; and Robert Fortunato - Hermosa Beach, updated the Council on the first major milestone for his Green Idea House - recycling or re -using 97% of the materials from the demolition of the house; discussed partnering with the ReUse People, using Craig's List, and tax deductions; said he would report future milestones to the Council. There were two written communication on the agenda for this evening, and one supplemental written communication that was received April 26, 2011. (a) Letter from James McKinnell dated April 21, 2011 regarding tattoo parlors in Hermosa Beach. Supplemental attachments to the letter received April 25, 2011. No one came forward to address the Council on this letter. (b) Letter from Lynn Carter dated April 21, 2011 regarding proposed amendments to Ordinance 10-1313 regarding tattoo parlors in Hermosa Beach. No one came forward to address the Council on this letter. (c) Supplemental letter from Greg Maffei dated April 26, 2011, regarding real estate devaluation directly associate to tattoo issue. City Council Minutes 04-26-11 Page 13165 • • • No one came forward to address the Council on this letter. Action: To receive and file all three letters. Motion Duclos, second Fishman. The motion carried by a unanimous vote. 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(c) and (j) Mayor Tucker and (i) Fishman. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 29, 2011. Action: To approve, as presented, minutes of the Adjourned Regular meeting of the City Council held on March 29, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62758 THROUGH 62917. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file the Tentative Future Agenda Items and the City Council Directives. Motion Mayor Tucker, second DiVirgilio. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the March 2011 financial reports. City Council Minutes 04-26-11 Page 13166 • (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF APRIL 11, 2011. • • (f) (g) Action: To receive and file the action minutes of the Green Task Force meeting of April 11, 2011. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated April 19, 2011. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 2011. Action: To receive and file the action minutes of the Planning Commission meeting of April 19, 2011. (h) RECOMMENDATION TO REJECT ALL BIDS FOR CIP 07-649 COMMUNITY CENTER SOUTH WING REWIRING; AUTHORIZE STAFF TO MAKE MINOR ADJUSTMENTS TO THE SCOPE OF WORK; AND, AUTHORIZE STAFF TO READVERTISE FOR BIDS. Memorandum from Interim Public Works Director Frank Senteno dated April 20, 2011. (i) Action: To approve the staff recommendation to: (1) Reject all bids for CIP 07-649 Community Center South Wing Rewiring; (2) Authorize staff to make minor adjustments to the scope of work; and (3) Authorize staff to readvertise for bids. RECOMMENDATION TO REJECT THE BID SUBMITTED BY EXCEL PAVING OF LONG BEACH, CALIFORNIA FOR $673,355 AS NONRESPONSIVE; AWARD THE CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 08-127 STREET IMPROVEMENTS VARIOUS LOCATIONS TO ALL AMERICAN ASPHALT OF CORONA, CALIFORNIA IN THE AMOUNT OF $682,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE A LESSER PRICE FOR ALL AMERICAN ASPHALT'S ADDITIVE BID ITEMS, CURRENTLY PRICED AT $235,627.50, SO THAT PRICE OF THESE ADDITIVES WILL RESULT IN THE LOWEST TOTAL OVERALL PRICE AS COMPARED AGAINST THE OTHER BIDDERS; APPROVE THE ATTACHED PROFESSIONAL SERVICE AGREEMENT NO. 11.003 BETWEEN THE CITY AND CIVILSOURCE INC, FOR PROVIDING CONSTRUCTION INSPECTION SERVICES FOR $42,720.00; APPROPRIATE $11,500 FROM THE IN -LIEU FEES ACCOUNT City Council Minutes 04-26-11 Page 13167 • • • FOR USE ON THIS PROJECT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE ORDERS WITHIN THE APPROVED BUDGET. Memorandum from Interim Public Works Director Frank Senteno dated April 20, 2011. This item was removed from the consent calendar by Mayor pro tem Fishman for separate discussion later in the meeting. Interim Public Works Director Senteno responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the council at this time was: Jim Lissner — Hermosa Beach, asked which streets would be paved; said it appeared to him that the City did not always take the lowest bid, noting that the chosen firm's principal is a former City Public Works Director. (i) Proposed Action: To approve an agreement with Savannah Tech in place of CivilSource Inc., currently named in Item No. 5 of the staff recommendation. Motion Fishman, second Mayor Tucker. This motion was replaced by the following substitute motion. Action: To approve the staff recommendation to: (1) Reject the bid submitted by Excel Paving of Long Beach, California for $673,355 as nonresponsive; (2) Award the construction contract for CIP Project No. 08-127 Street Improvements Various Locations to All American Asphalt of Corona, California in the amount of $682,000; (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; (4) Authorize the Director of Public Works to negotiate a lesser price for All American Asphalt's additive bid items, currently priced at $235,627.50, so that price of these additives will result in the lowest total overall price as compared against the other bidders; (5) Approve the attached Professional Service Agreement No. 11.003 between the City and CivilSource Inc, for providing construction inspection services for $42,720.00; (6) Appropriate $11,500 from the in -lieu fees account for use on this project; and (7) Authorize the Director of Public Works to approve change orders within the approved budget. Motion Mayor Tucker, second DiVirgilio. The motion carried, noting the dissenting vote of Fishman. RECOMMENDATION TO APPROVE MEMORANDA OF UNDERSTANDING FOR THE POLICE MANAGEMENT BARGAINING GROUP, POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP, FIREFIGHTERS ASSOCIATION, MANAGEMENT EMPLOYEES, City Council Minutes 04-26-11 Page 13168 • • PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES AND GENERAL & SUPERVISORY EMPLOYEES' BARGAINING UNIT AND DIRECT THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated April 21, 2011. Supplemental MOU for Professional Engineers Employees Group received April 26, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council at this time was: George Barks — Redondo Beach resident/Hermosa Beach property owner, thanked the Council and staff for their leadership and the employees for their sacrifice. Action: To approve the staff recommendation to: (1) Approve Memoranda of Understanding for the Police Management Bargaining Group, Police Officers and Police Sergeants Bargaining Group, Firefighters Association, Management Employees, Professional and Administrative Employees and General & Supervisory Employees' Bargaining Unit; Professional Engineers Employee Group; and (2) Direct the City Manager to sign on behalf of the City. Motion Fishman, second Duclos. The motion carried by a unanimous vote. At 8 p.m., the order of the agenda moved to public hearing item 5(a). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (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 10:13 p.m., the order of the agenda went to item 9. 5. PUBLIC HEARINGS a. COST OF SERVICES STUDY. Memorandum from Finance Director Viki Copeland dated April 18, 2011. Supplemental information (some reprinted staff report pages) received from staff on April 25, 2011, and supplemental letter from Hermosa Arts Foundation received April 26, 2011. City Council Minutes 04-26-11 Page 13169 • • Finance Director Copeland 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 8:24 p.m. Coming forward to address the Council on this item were: Rick Koenig - Hermosa Beach, discussed the City's 1968 purchase of Pier Avenue Junior High School to use as the Community Center and the entertainment and services provided at that facility; asked the Council to read the supplemental information he provided from the Hermosa Arts Foundation before making any decisions regarding fee changes; Shanti Velasco Glenn - representing the Children's Theater Company, one of the beneficiaries of the Arts Foundation hours; said the playhouse allows children to participate in live theater and provides entertainment for the community; Susan Labson - Puffin' On Production Company, a youth theater company, said their group also takes advantage of the hours provided to the Hermosa Arts Foundation and would not be able to continue without this benefit; Jim Lissner - Hermosa Beach, requested that the City continue to subsidize the theater and Little League; and George Barks - Redondo Beach resident/Hermosa Beach property owner, said changing fees will not be an easy task and the Council's innovative methods and leadership would be necessary, noting that the shared services concept would be one of the creative ideas. The public hearing closed at 8:32 p.m. Action: To direct staff to return with a resolution approving only the fees that would be reduced or remain the same as, and schedule a noticed meeting for further review and public input on the new or increased fees recommended in the fee study (excluding the theater which will be handled separately). Motion Mayor pro tern Fishman, second Duclos. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PACIFIC COAST HIGHWAY / AVIATION IMPROVEMENT COMMITTEE - AESTHETICS SUBCOMMITTEE: FINAL REPORT AND RECOMMENDATION. Memorandum from City Manager Burrell dated April 20, 2011. 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 04-26-11 Page 13170 • George Barks — Aesthetics Subcommittee Chair, thanked the City for forming the PCH/Aviation Improvement Committee and for the participation of Councilmembers Fishman and Duclos; said he hoped the Council would approve their recommendations; and Jim Lissner — Hermosa Beach, compared the project to the Upper Pier project which took a number of years; discussed the added factor of Caltrans' jurisdiction over Pacific Coast Highway; Action: It was the consensus of the City Council to direct the City Manager to work with Mr. Barks on scheduling a Saturday town hall meeting in the Council Chambers to involve the public in the process, with a PowerPoint presentation to include the artwork contained in the agenda packet. b. 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 $17,145 FROM PROPOSITION A FUNDS. Memorandum from City Manager Stephen Burrell dated April 20, 2011. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Joyce Rooney — Redondo Beach Transit Manager, urged support of the extension of the agreement and responded to Council questions. Action: To approve the staff recommendation to: (1) Participate for the 2011-12 fiscal year along with the other cities and direct the Mayor to sign the agreement on behalf of the City; and (2) Approve expenditure of $17,145 for the 2011-12 Fiscal Year from Proposition A funds. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. At 9:30 p.m., the agenda moved to item #4, consent items removed for discussion. 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 April 19, 2011. • City Clerk Doerfling presented the staff report and responded to Council questions. City Council Minutes 04-26-11 Page 13171 • Action: To direct the City Clerk to immediately advertise and request applications from interested parties for two Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 2011, two Planning Commission terms that will expire June 30, 2011, and two Civil Service Board terms that will expire July 15, 2011. Motion Mayor Tucker, second DiVirgilio. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Tucker that a bicycle parking area with bike racks be created adjacent to the paver sidewalk leading to the entrance to the Community Center Theater. Mayor Tucker spoke to his item. Action: It was the consensus of the City Council to direct staff to report back on the estimated cost and area size to accommodate approximately 30-40 bikes, as well as a suggested location. b. Request from Mayor Pro Tern Fishman that the City sponsor the Shared Services Summit on May 5, 2011 from 7:00 p.m. to 9:00 p.m. being coordinated by George Barks. Mayor pro tern Fishman spoke to his request. Action: To sponsor and televise the Shared Services Summit. Motion Fishman, supported by Duclos and Mayor Tucker. c. Request from Mayor Pro Tern Fishman that the City Council authorize a letter to the Citizen's Commission on Redistricting suggesting that they keep the beach cities surrounding the Santa Monica Bay together since we all share similar environmental concerns. Mayor pro tern Fishman spoke to his item. Action: To direct City Manager Burrell to send a letter of support. Motion Fishman, supported by Bobko and Mayor Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, April 26, 2011, at the hour of 10:22 p.m. to a Regular meeting to be held on May 10, 2011, at 6:00 p.m. City Clerk eputy City Clerk ouncil Minutes 04-26-11 Page 13172 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 10, 2011, at the hour of 6:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker 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 April 26, 2011. 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. Anticipated Litigation: Government Code Section 54956.9(b) Number of Cases: 1 AT&T claim for utility user tax refund/tolling of statute of limitations 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 10, 2011, at the hour of 6:01 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 7:09 p.m. PLEDGE OF ALLEGIANCE — Jay Philbrick ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None City Council Minutes 05-10-11 Page 13173 • CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the Council adjourned into Closed Session; said one item was added which arose after the agenda was posted and needed immediately attention — Hermosa Beach Police Officers Association and Hermosa Beach Fire Association v. City of Hermosa Beach, Case No YC062967; said no reportable actions were taken on any of the items. • • ANNOUNCEMENTS — Councilmember Duclos thanked former mayor George Barks for organizing the May 5th Shared Services Summit, which was well attended by residents and representatives of the school district, teachers' union and other cities, who heard speakers explain the process of cities sharing services for cost savings and efficiency. He said Marlin Equity Partners, a new business on Pier Avenue, would have its building certified as an energy efficient designed facility. Mayor pro tern Fishman announced a City mural unveiling at Hermosa Avenue and 14th Court at 5:30 p.m., Saturday, May 14; and a tri -city Sister Cities Association fundraiser from noon to 3 p.m., Sunday, May 15, at Ortega 120 in Redondo Beach. Councilmember DiVirgilio complimented Mayor Tucker on encouraging participation in The Wyland Water Conservation Pledge; said he recently attended a skate-a- thon sponsored by Spyder and other local businesses at the City's skate park and congratulated Hermosa Beach elementary school student Sebastian Kerr for raising $4,000; said he was impressed during his tour of Rockefeller, the new restaurant at the site of the previous Rajin Cajun restaurant, that would open officially on May 20. Councilmember Bobko encouraged the community to vote in the Tuesday, May 17, congressional election; asked that the meeting be adjourned in memory of an Air Force friend of his who fell in Afghanistan, Lt. Colonel Frank "Bruiser" Bryant, who left a wife and two-year old son; gave a website address for those wishing to contribute to his young son's college fund. Mayor Tucker suggested putting the link for donations on the City website and expressed gratitude for Lt. Colonel Bryant's sacrifice which made it possible for Americans to participate in their government at meetings like this; and congratulated residents for their water conservation pledges which put the City of Hermosa Beach in first place in the Wyland Foundation's Mayor Challenge to Conserve Water. PROCLAMATIONS BUILDING SAFETY MONTH MAY 2011 Mayor Tucker read and presented the proclamation to Community Development Director Ken Robertson; thanked staff for putting Hermosa Beach in the forefront of green building practices; and thanked building inspectors for keeping residents safe and helping with problems. City Council Minutes 05-10-11 Page 13174 • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. • Coming forward to address the Council at this time were: Dency Nelson — Hermosa Beach, congratulated the City for winning the water conservation challenge; distributed a schedule of solar home tours, including the green idea home; said he was disturbed to learn from the Chamber of Commerce that the area for political groups at the Fiesta would be reduced this year and hoped the City could encourage the Chamber to provide a larger space at the Pierhead as before; Elmita Brown — Community Library Manager of the Hermosa Beach Library, invited the community to a children's art exhibit sponsored by Pentel at the library from May 4 to June 30; said art from children all over the world would be available to view; Craig Cadwallader — former Hermosa Beach resident and former chair of the Surfrider Foundation, said he was impressed by the City's leadership efforts to protect the environment and urged the Council to ban polystyrene, an item on this evening's agenda, noting he would speak more about it when this item was heard; Tim Beck — Research Director of Heal the Harbor, Manhattan Beach, said he had met with the Redondo Beach Mayor and Fire Chief regarding tsunami safety and offered to do the same for Hermosa Beach; 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j). Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF ADJOURNED REGULAR MEETING OF APRIL 8, 2011 (GOALS SESSION) AND THE REGULAR MEETINGS OF APRIL 12, 2011 AND APRIL 26, 2011. Action: To receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of Adjourned Regular meeting of April 8, 2011 (Goals Session) and the Regular meetings of April 12, 2011 and April 26, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 62918 THROUGH 63061. Action: To ratify the check register as presented, and to approve the • cancellation of check number 61089 as recommended by the City Treasurer. City Council Minutes 05-10-11 Page 13175 • (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 the City Council Directives. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated May 2, 2011. Claimant: Crockett, Michael. Date of Loss: 10-27-10 Date Filed: 04-26-11 Allegation: Trespassing & harassment Claimant: Crockett, Michael. Date of Loss: 04-03-10 Date Filed: 04-26-11 Allegation: Unlawful, stop, arrest, search & seizure Claimant: Scott, Gayle. Date of Loss: 04-28-11 Date Filed: 05-02-11 Allegation: Personal injury Action: To deny the claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (e) RECOMMENDATION TO APPROVE THE PURCHASE OF FOUR (4) SETS OF FIREFIGHTER PERSONAL PROTECTIVE CLOTHING FROM L.N. CURTIS & SONS OF LOS ANGELES, CA (SOLE SOURCE VENDOR FOR GLOBE MANUFACTURING COMPANY) FOR $6,248.90. Memorandum from Fire Chief David Lantzer dated May 2, 2011. (f) Action: To approve the purchase of four (4) sets of firefighter personal protective clothing from L.N. Curtis & Sons of Los Angeles, CA (sole source vendor for Globe Manufacturing Company) for $6,248.90, as recommended by staff. RECOMMENDATION TO ADOPT A RESOLUTION PLEDGING TO SUPPORT "CLEAN LA" AND URGING INDIVIDUALS AND GROUPS TO KEEP HERMOSA BEACH CLEAN AND GREEN VIA A COMMITMENT TO REDUCE, REUSE, RECYCLE AND RETHINK. Memorandum from Community Development Director Ken Robertson dated May 3, 2010. City Council Minutes 05-10-11 Page 13176 • • (g) Action: To approve the staff recommendation to adopt Resolution No. 11- 6740, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PLEDGING TO SUPPORT "CLEAN L.A." AND URGING INDIVIDUALS AND GROUPS TO KEEP HERMOSA BEACH CLEAN AND GREEN VIA A COMMITMENT TO RECYCLE, REDUCE AND RETHINK." RECOMMENDATION TO APPROVE A REQUEST FROM THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION TO ALLOW THE HERMOSA BEACH AMATEUR RADIO ASSOCIATION (HBARA) TO PARTICIPATE IN THE NATIONAL AMERICAN RADIO RELAY LEAGUE (ARRL) "FIELD DAY" EVENT ON SATURDAY, JUNE 25 AT 10:00 A.M. THROUGH SUNDAY, JUNE 26, 2011 AT 1:00 P.M. Memorandum from City Manager Stephen Burrell dated May 3, 2011. Action: To allow the Hermosa Beach Amateur Radio Association (HBARA) to participate in the national American Radio Relay League (ARRL) "Field Day" event on Saturday, June 25 at 10:00 a.m. through Sunday, June 26, 2011 at 1:00 p.m., as requested by the Emergency Preparedness Advisory Commission and recommended by staff. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 7, 2011. (i) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 7, 2011. RECOMMENDATION TO APPROVE AN APPROPRIATION OF $40,000 TO FUND THE SOLID WASTE CONSULTING CONTRACT WITH HF&H CONSULTANTS LLC FOR THE REMAINDER OF THE 2010-11 FISCAL YEAR. Memorandum from City Manager Stephen Burrell dated May 5, 2011. Action: To approve an appropriation of $40,000 to fund the solid waste consulting contract with HF&H Consultants LLC for the remainder of the 2010-11 fiscal year. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION - None 5. PUBLIC HEARINGS - None • 6. MUNICIPAL MATTERS City Council Minutes 05-10-11 Page 13177 • • a. PROCESS FOR CONTRACTING FOR SOLID WASTE AND RECYCLING FRANCHISE SERVICES. Memorandum from Community Development Director Ken Robertson dated May 3, 2011. Supplemental emails received on May 10 from Gerald Ketz, John & Sue Horger, and Lawrence O. Fordiani. 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 were: Laith Ezzet — HF&H Consultants, described the Council's options of either renegotiating with the current provider or conducting a competitive bid process and discussed the advantages of both; Sam Pena — Consolidated Disposal Services, the City's current exclusive solid waste hauler, gave details of services they would offer to comply with the City's emphasis on environmental issues; Viki Whipple — Waste Management, said they were eager to provide service in Hermosa Beach and had award-winning sustainability processes; Diana Weatherly — Hermosa Beach, spoke in support of maintaining service with Consolidated Disposal Services; Rhoda Erickson — Hermosa Beach, also urged the Council to maintain the services of Consolidated Disposal Services; Lisa Ryder Moore — Hermosa Beach resident and member of the Green Task Force Waste Reduction, Re -Use and Recycling Subcommittee, encouraged the City Council to go out to bid; Jay Philbrick — Hermosa Beach, supported keeping Consolidated Disposal Services as the City's provider; Dency Nelson — Hermosa Beach, had no complaints against Consolidated Disposal Services but supported going out to bid in the spirit of capitalism and healthy competition to get the best contract; James Castro — Consolidated Disposal Services, said developing a scope of work would be beneficial; said he would welcome negotiations and would also submit a bid if an RFP was sent out; Blair Smith — Hermosa Beach, supported keeping Consolidated Disposal Services as the City's provider; and (No name given) — Hermosa Beach, supported keeping Consolidate Disposal Services as the City's provider. Action: To direct staff to develop a scope of services for Council review and discussion at a future meeting, at which time the Council will decide whether to renegotiate with the current provider or send out a request for proposals for a new Solid Waste and Recycling Franchise Agreement. Motion Fishman, second Duclos. The motion carried by a unanimous vote. b. PRESENTATION OF RECOMMENDATION TO BAN POLYSTYRENE (NO. • 6 RECYCLE CODE) FOOD SERVICE TAKE-OUT CONTAINERS BY HERMOSA BEACH GREEN TASK FORCE. Memorandum from Community City Council Minutes 05-10-11 Page 13178 • Development Director Ken Robertson dated May 3, 2011. Supplemental correspondence received on May 10 from Jonathan R. Choi (Dart Container Corp.), Matthew Dodson (CA Grocers Assn), Lara Diaz Dunbar and Mike Levy (CA Restaurant Assn), Ryan Kenny (American Chemistry Council), Samuel Unger (CA Regional Water Quality Control Board), and Jeff Berting (Surfrider Foundation), Community Development Director Robertson presented the staff report and responded to Council questions. Senior Planner Townsend also responded to Council questions. Coming forward to address the Council on this item were: Phil Friedl — Green Task Force Chairman, described the process used by the Task Force over the past year which led to its recommendation to ban polystyrene, including extensive outreach; said the litter is harmful to the environment and a ban was determined to be the most effective of all options considered; Brian Schoening — Green Task Force Waste Reduction, Re -Use & Recycling Subcommittee, said waste reduction, re -use and recycling are part of the Task Force's mission; said banning #6 polystyrene products did not include plastic utensils, straws or cup lids, only restaurant takeout containers, and that many cities have established this ban; Lisa Ryder Moore — Green Task Force Waste Reduction, Re -Use and Recycling Subcommittee, spoke of the difficulty of recycling these products since, like a sponge, they absorb and become contaminated with food, even after rinsing, which most people do not do; said they consulted manufacturers, restaurant associations and local businesses to discuss alternatives; Craig Cadwalleder — Surfrider Foundation, presented information about trash cleanup along the beach and discussed the hazards of polystyrene to fish, birds and humans; Jose Bacallao — Hermosa Beach resident representing Heal the Bay, urged the Council to approve the Green Task Force recommendation to ban polystyrene, noting the group was in full support of a ban; Samatha Martinez — former Hermosa Beach resident representing Plastics Foodservice Packaging Group, complimented the City for its work on environmental issues; said the group she represents makes products proposed to be banned, as well as alternative containers; said a ban would not reduce beach litter; and Dency Nelson — Hermosa Beach, supported the recommendation of the Green Task as a place to start; said if the ban was not enough or caused other problems, the City could consider other solutions. Action: To direct staff to report back with revised and clarified data along with an outline and relevant content for an education program on the issue, including feedback from the industry about available options. Motion, DiVirgilio, second Fishman. The motion carried, noting the dissenting vote of Duclos. City Council Minutes 05-10-11 Page 13179 • The meeting recessed at 10:35 p.m. The meeting reconvened at 10:50 p.m. c. COST OF SERVICES STUDY. Memorandum from Finance Director Viki Copeland dated May 4, 2011. Finance Director Copeland 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: Eric Johnson — Revenue and Cost Specialists, responded to Council questions. Action: To direct staff to prepare a draft resolution for Council review at the May 26 budget workshop meeting that would adopt the fee schedule (as presented this evening, with the parking and the theater removed from consideration), with a two-year implementation for all fees that would increase more than 50 percent, and immediate implementation for all others. Motion Mayor Tucker, second Duclos. The motion carried by a unanimous vote. d. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE • CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO PROVIDE A DIFFERENT LEVEL OF BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (HIRED AFTER THE EFFECTIVE DATE OF THE AMENDMENT) PURSUANT TO PUBLIC EMPLOYEE RETIREMENT LAW SECTION 20475 AND INTRODUCTION OF AN ORDINANCE AUTHORIZING AMENDMENT OF THE CALPERS CONTRACT. Memorandum from Finance Director Viki Copeland dated April 27, 2011. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6741, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF HERMOSA BEACH." (2) Waive full reading and introduce Ordinance No. 11-1324, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA City Council Minutes 05-10-11 Page 13180 • • • BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." (3) Authorize the City Clerk to sign the "Certification of Governing Body's Action"; (4) Authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 20475"; and (5) Authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 7507". Motion Fishman, second Duclos. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PLACEMENT OF A WELCOMING STATEMENT IN THE HERMOSA BEACH CHAMBER OF COMMERCE'S 100TH ANNIVERSARY BUSINESS DIRECTORY & COMMUNITY GUIDE. Memorandum from City Manager Stephen Burrell dated May 5, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to work with the Chamber of Commerce staff to include a welcoming statement into the Business & Community Guide content. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. b. AB506: MUNICIPAL BANKRUPTCY BILL. Memorandum from City Manager Stephen Burrell dated May 5, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to write a letter opposing AB506, with a copy to Assemblymember Betsy Butler and State Senator Ted Liu, and to authorize staff to track the bill as it moves through the state legislative process. Motion Duclos, second Mayor Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT INTERVIEWS FOR EMERGENCY PREPAREDNESS ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated May 4, 2011. City Council Minutes 05-10-11 Page 13181 • 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 May 24, 2011 for the purpose of interviewing applicants for the Emergency Preparedness Advisory Commission, with appointments to follow at the regular City Council meeting. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Fishman to install a drinking fountain at 8th Street on the Greenbelt adjacent to the Par Course structure. Mayor pro tem Fishman spoke to his request. Action: To agendize the topic, with water for dogs as well, for a future City Council meeting. Motion Fishman, supported by Duclos and Mayor Tucker. b. Request from Mayor Pro Tem Fishman for the City Council to initiate a code amendment to update the zoning ordinance to add "communication services" in the C zones as a permitted use, in recognition of technological advances that allow radio, television, and internet broadcast and production studios and similar uses to operate with minimal impact. Mayor pro tem Fishman spoke to his item. Action: To direct the City Manager to research how Time Warner Cable TV received approval to operate next to Valley School and to report back to the City Council before further action is taken. Motion Fishman, supported by Duclos and Mayor Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Lt. Col. Frank Bruiser Bryant, on Tuesday, May 10, 2011, at the hour of 11:30 p.m. to a Regular meeting to be held on May 24, 2011, at 6:00 p.m. City Clerk • City Council Minutes 1 y City Clerk 05-10-11 Page 13182 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, May 24, 2011, at the hour of 6:14 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Mayor Tucker Absent: Duclos 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. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Dave Buckland William J. Hallett Kenneth A. Hartley Tracy Hopkins 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 24, 2011, 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 Adjourned Minutes 5-24-11 Page 13183 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, May 24, 2011, at the hour of 7:07 p.m. • • PLEDGE OF ALLEGIANCE — Julian Katz ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Mayor Tucker. Absent: Duclos ANNOUNCEMENTS — Councilmember DiVirgilio thanked Sharefest for volunteering time and resources for Greenbelt trail maintenance and weeding. He said he and Councilmember Bobko recently hosted a visit by an Environmental Protection Agency representative who was impressed with the water quality projects Hermosa Beach had completed, particularly the economic development resulting from the use of stimulus money for the Upper Pier Avenue project; suggested installing a plaque near the Strand infiltration system acknowledging the award received by the City. Councilmember Bobko added that the representative said he had not seen a better economic impact from environmental efforts using stimulus funds. Mayor pro tem Fishman encouraged everyone to attend the Hermosa Fiesta over Memorial Day weekend. He said Mayor Tucker, City Manager Burrell and he had traveled to Sacramento the previous week and met with State Assemblyman Ted Liu and State Senator Betsy Butler about improvements on Pacific Coast Highway and Aviation Boulevard; said there might be State funds available because PCH is under the jurisdiction of Caltrans; and invited residents and business owners to attend a town hall meeting sponsored by the PCH/Aviation Committee on Saturday, June 25, at 10 a.m. in the City Council Chambers. Mayor Tucker said they spoke with representatives from other cities in Sacramento and learned that many cities have not taken steps to make retirement plan changes; said they were told the State's economic situation had improved and there might be more funds for schools and less risk of money being taken from cities; and said all who received angel tickets for being the first participants in the Wyland Water challenge would receive emails offering bus rides for $5 per person to reduce the number of cars traveling to this game, contributing to the City's carbon neutral goal. PRESENTATIONS PRESENTATION OF CERTIFICATE OF COMMENDATION TO SOUTH BAY MEDAL OF VALOR RECIPIENT OFFICER SHEA McCURDY Mayor Tucker presented a certificate of commendation to Shea McCurdy who grew up in Hermosa Beach; congratulated his parents Dick and Cathy McCurdy on raising a fine young man who has now received two Medals of Valor. City Council Minutes 05-24-11 Page 13184 • • • PRESENTATION OF CERTIFICATES OF RECOGNITION TO DIANA ALLEN, CHAIRPERSON JANIE HINDLE, CO-CHAIR DONNA CUNNINGHAM, CO-CHAIR OF THE SUMMER OF COLOR PANEL AUCTION, AND TO STEPHANIE BELL, PRESIDENT KIMBERLY KONIS AND LILI McLEAN, CO -VP's FUNDRAISING OF THE HERMOSA BEACH EDUCATION FOUNDATION FOR THEIR CONTINUED WORK IN THE COMMUNITY TO HELP KEEP THE HERMOSA SCHOOLS FINANCIALLY SOLVENT Mayor Tucker presented certificates of recognition to this group for organizing the auction of lifeguard station paintings, which raised $31,000 for Hermosa schools, and for being members of the Education Foundation which has raised millions of dollars over the years to maintain the quality of schools in Hermosa Beach. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Craig Cadwalleder — representing the South Bay Chapter of the Surfrider Foundation, said the City of Long Beach recently passed a ban on single -use plastic bags and encouraged the Council to consider a ban as well; said Manhattan Beach was awaiting decision on its Supreme Court case and it was felt that the ruling would be favorable; and Julian Katz — Hermosa Beach resident representing the South Bay Bicycle Coalition, reminded visitors to the Fiesta to take advantage of free bike parking in a bike corral sponsored by the Beach Cities Bicycle Club and the South Bay Bicycle Coalition. There was one written communication this evening. (a) Letter from Jim Lissner dated May 15, 2011 regarding liquor license applications. Coming forward to address the Council on this letter was: Jim Lissner — Hermosa Beach, urged the City Council to protest two liquor license applications. Action: To receive and file the letter. Motion Fishman, second Bobko. The motion carried, noting the absence of Duclos. 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 Tucker. City Council Minutes 05-24-11 Page 13185 • Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Duclos. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Special meeting held on April 8, 2011; and 2) Regular meeting held on April 12, 2011. Action: To approve, as presented, the City Council minutes of the Special meeting of April 8, 2011, and the Regular meeting of April 12, 2011. (Duclos absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63062 THROUGH 63200. Action: To ratify the check register as presented, and to approve the cancellation of check number 63030 as recommended by the City Treasurer. (Duclos absent) (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. (Duclos absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the April 2011 financial reports. (Duclos absent) (e) RECOMMENDATION TO APPROVE AND AWARD THE BID SUBMITTED BY TACTICAL WEAPONS USA FOR THE PURCHASE OF EIGHT (8) COLT RIFLES FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $6,795.28 (INCLUDES STATE SALES TAX). Memorandum from Police Chief Greg Savelli. • (fl Action: To approve and award the bid submitted by Tactical Weapons USA for the purchase of eight (8) Colt rifles for the Police Department in the amount of $6,795.28 (includes state sales tax), as recommended by staff. (Duclos absent) RECOMMENDATION TO APPROVE AND AWARD THE BID SUBMITTED BY LC ACTION POLICE SUPPLY FOR THE PURCHASE OF TEN (10) REMINGTON 870 SHOTGUNS FOR THE POLICE DEPARTMENT IN THE City Council Minutes 05-24-11 Page 13186 • AMOUNT OF $6,167.95 (INCLUDES STATE SALES TAX). Memorandum from Police Chief Greg Savelli. (g) Action: To approve and award the bid submitted by LC Action Police Supply for the purchase of ten (10) Remington 870 shotguns for the Police Department in the amount of $6,167.95 (includes state sales tax), as recommended by staff. (Duclos absent). RECOMMENDATION TO APPROVE A THREE-YEAR CONTRACT FOR CITY LEGAL PUBLICATIONS WITH THE EASY READER NEWSPAPER. Memorandum from City Clerk Elaine Doerfling dated May 16, 2011. Action: To approve a three-year contract for City legal publications with the Easy Reader newspaper, as recommended by the City Clerk. (Duclos absent) (h) RECOMMENDATION TO APPROVE THE LEROY GRANNIS MEMORIAL AND PADDLE OUT ON SATURDAY, JUNE 25, 2011 AT 11:00 A.M. ON THE PIER AND IN THE WATER ON THE SOUTH SIDE OF THE PIER AND DIRECT THE CITY MANAGER TO WORK WITH THE GROUP HOLDING THE EVENT. Memorandum from City Manager Stephen Burrell dated May 17, 2011. (i) Action: To approve the Leroy Grannis Memorial and Paddle Out event on Saturday, June 25, 2011 at 11:00 a.m. on the Pier and in the water on the south side of the Pier, and direct the City Manager to work with the group holding the event, as recommended by staff. (Duclos absent) RECOMMENDATION TO ACCEPT DONATIONS OF $160 FROM VARIOUS DONORS TO BE USED FOR THE HERMOSA SENIOR ACTIVITY CENTER PROGRAMS; $500 FROM SOUTH BAY SHAKESPEARE STUDY TO BE USED FOR THE HERMOSA SENIOR ACTIVITY CENTER PROGRAMS; $500 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE HERMOSA SENIOR ACTIVITY CENTER PROGRAMS; AND, $10,000 FROM CHEVRON PRODUCTS COMPANY TO BE USED FOR THE CHEVRON SURF CAMP. Memorandum from Finance Director Viki Copeland dated May 16, 2011. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - Donations totaling $160 from various donors to be used for the Hermosa Senior Activity Center programs; $500 from South Bay Shakespeare Study to be used for the Hermosa Senior Activity Center programs; City Council Minutes 05-24-11 Page 13187 • - $500 from the Woman's Club of Hermosa Beach to be used for the Hermosa Senior Activity Center programs; and - $10,000 from Chevron Products Company to be used for the Chevron Surf Camp. Motion Mayor Tucker, second Bobko. The motion carried, noting the absence of Duclos. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF MAY 9, 2011. Action: To receive and file the action minutes of the Green Task Force meeting of May 9, 2011. (k) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated May 16, 2011. (I) Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2011-2012 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 11-6736; 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, 2011 THROUGH JUNE 30, 2012; AND SETTING JULY 12, 2011, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Interim Public Works Director Frank Senteno dated May 16, 2011. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6742, 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 2011-2012"; and (2) Adopt Resolution No. 11-6743, 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 2011-2012 FOR THE FISCAL YEAR BEGINNING JULY 1, 2011, AND ENDING JUNE 30, 2012, AND APPPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATIONS THERETO." City Council Minutes 05-24-11 Page 13188 • (3) Schedule a public hearing for July 12, 2011, to accept public input on the matter of the proposed assessment. (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 2011. Action: To receive and file the action minutes of the Planning Commission meeting of May 17, 2011. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 4, 2011. Action: To receive and file the action minutes of the Public Works Commission meeting of May 4, 2011. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(i) 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. HERMOSA BEACH GREEN TASK FORCE MISSION STATEMENT AND BY-LAWS AND RECRUITMENT PROCESS FOR NEW MEMBERS. Memorandum from Community Development Director Ken Robertson dated May 17, 2011. 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: Craig Cadwalleder — urged the Council to continue to support the Green Task Force. Action: To: (1) Adopt the Mission Statement and By -Laws with the following changes: on page 1, incorporate the first two bullet points from the third paragraph into the first paragraph (the general mission statement); and City Council Minutes 05-24-11 Page 13189 • • on page 2, remove the third bullet point in the third full paragraph, thereby having the Council review all applications; (2) Direct the City Clerk to start the recruitment process; and (3) Use the weighted voting process to appoint Committee members. Motion Bobko, second Mayor Tucker. The motion carried, noting the absence of Duclos. b. SUMMARY OF COMMENTS SUBMITTED IN JANUARY 2011 IN CONNECTION WITH THE PROPOSAL PREFERENTIAL PARKING PERMIT PROPOSAL TO INCREASE RATES. Memorandum from City Manager Stephen Burrell dated May 17, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: (1) To direct staff to return at the next meeting with a proposal for citywide regulation of the parking of large vehicles (recreational vehicles) for review and consideration by the Council; (2) To refer to the Public Works Commission, for study and recommendations, the issue of improving the management and efficiency of the preferential parking permit program, including simplifying the permit application process, and possibly increasing the number of available parking spaces; (3) To direct the Public Works Commission to review the early morning street sweeping schedule for possible adjustment to accommodate residents in the impacted area; and (4) To refer to the Planning Commission for study and recommendations the issue of parking permits for employees of local businesses. Motion DiVirgilio, second Fishman. The motion carried, noting the absence of Duclos. c. PROSPECT AVENUE AND AVIATION BOULEVARD — TRAFFIC STUDY. Memorandum from Interim Public Works Director Frank Senteno dated May 16, 2011. Interim Public Works Director Senteno 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, opposed a traffic study; suggested instead the implementation of traffic calming measures. III Action: To establish a subcommittee comprised of Mayor pro tern Fishman and Mayor Tucker to meet with neighborhood residents to discuss traffic City Council Minutes 05-24-11 Page 13190 • • • concerns on Prospect Avenue, and direct the Police Department to increase its enforcement of speed limit violations and provide public education. Motion Fishman, second Mayor Tucker. The motion carried, noting the absence of Duclos. d. DETERMINE WHETHER TO INITIATE A CODE AMENDMENT TO UPDATE THE ZONING ORDINANCE REGARDING COMMUNICATION SERVICES. Memorandum from Community Development Director Ken Robertson dated May 17, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Mark Sutherland — Static Beach radio show, described his operation and said while the activity had no negative impacts on the community, with most people unaware of their broadcast, he wanted to be in compliance with City codes; invited the Council to his office, noting that Director Ken Robertson and Councilmember Fishman had already visited; and Craig Cadwalleder — Hermosa Beach, encouraged the Council to make the zoning change in order to support new technology and diverse business opportunities. Action: To direct staff to prepare a zone text amendment to update the City's Zoning Ordinance regarding communications services. Motion Fishman, second DiVirgilio. The motion carried, noting the absence of Duclos. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CONSIDERATION OF THE CITY COUNCIL TAKING A SUPPORT POSITION ON SB568 (LOWENTHAL) PROHIBITING THE USE OF POLYSTYRENE FOAM FOOD CONTAINERS AFTER JANUARY 1, 2014. Memorandum from City Manager Burrell dated May 17, 2011. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Craig Cadwalleder — Hermosa Beach, urged the City Council to support this bill, noting that alternative products were similar in price; Brian Schoeninq — member of the Green Task Force, also asked the City Council to support SB568; and Dency Nelson — Hermosa Beach, said although voluntary action is hoped for, often legal means were needed to make changes to improve the environment and urged the City Council to support the bill. City Council Minutes 05-24-11 Page 13191 • Action: To not support SB568 prohibiting the use of polystyrene foam food containers after January 1, 2014, but to direct staff to track the bill. Motion Fishman, second DiVirgilio. The motion carried, noting the absence of Duclos. b. ORAL REPORT FROM THE CITY MANAGER ON THE CHAMBER OF COMMERCE'S PLANS FOR THE MEMORIAL DAY WEEKEND FIESTA FREE SPEECH AREA. City Manager Burrell presented the staff report and responded to Council questions, saying 12 groups applied and were approved and will be located near Java Man — the most free -speech spaces ever at a Fiesta. Action: To receive the oral report on the Chamber of Commerce's plans for the Memorial Day Weekend Fiesta free speech area.. Motion Bobko, second Mayor Tucker. The motion carried, noting the absence of Duclos. c. REQUEST TO ADD COMPONENTS TO THE "FIRST THURSDAYS" EVENT ON PIER AVENUE. Letter from Richard O'Reilly on behalf of the Hermosa Beach Chamber of Commerce sub -committee on business development for Upper and Lower Pier Avenue. IIICity Manager Burrell presented the staff report and responded to Council • questions. Action: To approve staff recommendation to grant the request to add components to the "First Thursdays" event on Pier Avenue and direct City Manager Burrell to work with Mr. O'Reilly. Motion Bobko, second Fishman. The motion carried, noting the absence of Duclos. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. BOARD/COMMISSION EXPIRATION OF TERMS - APPOINT EMERGENCY PREPAREDNESS ADVISORY COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated May 16, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Council consensus was to appoint Ken Hartley, Tracy Hopkins and Bill Hallett from among the applicants to fill three expired terms on the Emergency Preparedness Advisory Commission. All appointments are for four-year terms ending May 31, 2015. (Duclos absent) City Council Minutes 05-24-11 Page 13192 b. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN • INITIATIVE PETITION PROPOSING TO MODIFY THE AMOUNT OF THE BUSINESS TAX ON RESTAURANTS AND BARS IN ORDER TO INCREASE TAX REVENUE TO THE CITY. Memorandum from City Clerk Elaine Doerrling dated May 12, 2011. • • City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Action: To direct staff to conduct an analysis of the initiative (pursuant to Elections Code Section 9212) and report back within 30 days (by June 23), at which time the City Council shall order an election pursuant to option (a). Motion Bobko, second Fishman. The motion carried, noting the absence of Duclos. 9. OTHER MATTERS - CITY COUNCIL — None At this time, City Attorney Jenkins asked for an item to be added to the Closed Session agenda, Anticipated Litigation: Government Code Section 54956.9(b) from attorney William Beverly regarding Thomas Brodie. He said this information was received after the agenda was posted and needed to be discussed before the next City Council meeting. Action: To add the item to the closed session agenda, based on the findings that the issue arose after the posting of the agenda and required immediate action. Motion Bobko, second DiVirgilio. The motion carried, noting the absence of Duclos. 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 May 10, 2011. 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. City Council Minutes 05-24-11 Page 13193 • • • Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Sines v. Hermosa Beach Case Number: BS131311 Anticipated Litigation: Government Code Section 54956.9(b) Number of Cases: 1 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 24, 2011, at the hour of 9:21 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, May 24, 2011, at the hour of 9:21 p.m. At the hour of 9:45 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 Richard Savelli, father of Hermosa Beach Police Chief Greg Savelli, on Tuesday, May 24, 2011, at the hour of 9:46 p.m. to a Regular Adjourned meeting to be held on May 26, 2011, at 7:00 p.m. for the Preliminary Budget Review. City Council Minutes y City Clerk 05-24-11 Page 13194 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Thursday, May 26, 2011, at the hour of 7:03 p.m. PLEDGE OF ALLEGIANCE — Robert Booker ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Mayor Tucker Absent: Duclos PUBLIC PARTICIPATION — No one came forward to address the Council. 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 d. Staff Report and Resolution for Adoption of Fees and Charges from the Cost of Services Study (to be continued to the meeting of June 14, 2011 for adoption) e. Forecast for 2012-13 Finance Director Copeland made a PowerPoint presentation, providing information on General Fund revenues and appropriations, and responded to Council questions. City Manager Burrell and Police Chief Savelli also responded to Council questions. Action: To continue the budget workshop to 7 p.m. Monday, June 13, 2011, and direct staff to present for Council review at that meeting a report on outsourcing parking enforcement and animal control services, along with a report addressing all other items discussed at the budget preparation policy meeting of February 17, 2011. Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting vote by Mayor Tucker and the absence of Duclos. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 26, 2008, at the hour of 8:45 p.m. to an Adjourned Regular Meeting on Monday, June 13, 2011, at the hour of 7:00 p.m. for the purpose of conducting the preliminary budget review. City Clerk City Council Minutes 05-26-11 Page 13195