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HomeMy WebLinkAboutMinutes 2014-2015MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 10, 2014, at the hour of 5:10 p.m. ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None STUDY SESSION ON THE FISCAL YEAR 2014-15 BUDGET. Memorandum from Finance Director Viki Copeland dated June 2, 2014. Two supplemental memoranda from Director Copeland received June 10, 2014. 1. Sewer System, Upgrade and/or Possible Annexation to County Presentation by Jeff Cooper, PENCO Jeff Cooper, PENCO Engineering, presented the sewer study prepared by his firm, which covered agency interviews, a sewer fee review of adjacent cities, a meeting with the County, and a sewer service charge study. He then responded to Council questions. Public Works Director Frank Senteno and City Manager Tom Bakaly also responded to Council questions. Council discussion focused on overall policy direction and guidelines relating to the future of the City's sewer system. Areas of discussion included: • Financing options (including institution of sewer fees) for maintaining and upgrading the sewers; • Methods of calculations for such sewer fees; • Cost of required sewer upgrades if annexation takes place; • County requirement to upgrade from 6" to 8" pipes if annexation occurs; and • Pros and cons of annexation. Action: To direct staff to return with recommendations on the feasibility of ke,ping City sewer operations and maintenance "in-house," including preliminary sewer\fee structure options. Motion Tucker, second Fangary. The motion carried by a unanimous vote. 2. Review of 5 -Year Capital Improvement Plan Public Works Director Senteno presented the report and responded to Council questions. City Manager Bakaly also responded to Council questions. Areas of discussion Included: • The need for an 8th Street Safe Route to School project; • Additional funding for the street re -pavement program; and • Improved traffic light efficiency, particularly at Hermosa and Pier Avenues. City Council Minutes 06-10-14 Page 13995 By consensus, remaining discussions were postponed to follow public testimony at this evening's hearing scheduled as item 5a on the Regular meeting agenda. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 10, 2014, at the hour of 6:47 p.m., to the Regular meeting of the same date, scheduled to begin at 7:00 p.m. City Council Minutes 06-10-14 Page 13996 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 10, 2014, at the hour of 7:10 p.m. PLEDGE OF ALLEGIANCE - UCLA student Adrian Salazar ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Fangary said the AES project discussion had been rescheduled to the July 22 meeting, and urged the public to attend. Councilmember Barragan welcomed the UCLA students to the meeting. She then announced a "Beach Cities Community Council Symposium on Underage Drinking" town hall meeting at 6-8 p.m. June 25, in the Community Theatre; and requested a Council vote this evening on having the City co -host the event. City Attorney Jenkins responded to Council questions. Action: To add to tonight's agenda, as Municipal Matter 6.b., Council consideration of having the City co -host the symposium with Behavioral Health Services, Inc., based on the findings that the issue arose after the posting of the agenda and requires immediate action. Motion Barragan, second Tucker. The motion carried by a unanimous vote. Mayor pro tem Tucker said he attended the Beach Cities Watershed Management Planning Outreach Meeting held May 29 in Council Chambers. He then thanked Hermosa resident Dan Marinelli and Assistant to the City Manager Diane Strickfaden for their work at placing the "Go Kings Go!" banner at the Community Center. PROCLAMATIONS/PRESENTATIONS P.O.P. ART INSTALLATION PROJECT UPDATE PRESENTED BY LEADERSHIP HERMOSA BEACH Glen Payne and Evan Koch gave a PowerPoint presentation on the project, unveiled Sunday, May 18, showcasing 46 local artists celebrating Hermosa's healthy lifestyle and eclectic nature; cited the sponsors; and thanked the Council for its support. CAL WATER UPDATE Henry Wind, California Water Service District Manager, gave a PowerPoint presentation outlining current conservation goals, programs available to both residents and businesses, and outreach efforts, noting that additional information is available online at www.calwater.com. City Council Minutes 06-10-14 Page 13997 • • • COMMUNITY CHOICE AGGREGATON AND OTHER ALTERNATIVE ENERGY STRATEGIES FOR THE CITY OF HERMOSA BEACH AND SOUTH BAY CITIES REPORT — UCLA ENVIRONMENTAL SCIENCE PRACTICUM PROJECT UCLA students Jessi Hampton, Jonathan Ho, Jessica Leigh, David Limjoco, Steven Odom, Francis Villanueva, and Adrian Salazar gave a PowerPoint presentation of their practicum project, "The City of Hermosa Beach: Assessing Community Choice Aggregation," which assessed alternative energy strategies. They detailed options to reduce the City's emissions; described local power aggregation; presented rate comparisons of different programs available to residents/businesses; presented arguments for creating a Joint Powers Association; shared available options in the event AB2145 passes, and outlined steps to form a Community Choice Aggregation. Juan Matute, their advisor, said this presentation will also be given at the South Bay Cities Council of Governments meeting on June 18. Mayor DiVirgilio presented Mr. Matute and his students a Certificate of Commendation, along with City pins, and acknowledged Senior Planner Pamela Townsend for her leadership on this project. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Joe Galliani — South Bay Climate 350 Action Group/Torrance resident, spoke in support of Community Choice Aggregation; Jacoby VanderVlis — Hermosa Beach, voiced concerns about mosquitoes at Clark Stadium and no handicap access or handrails at the snack bar; Jeff Duclos — Hermosa Beach, urged Council to oppose passage of AB2145; urged expert promotion of Hermosa's distinguishing characteristics; Sam Perrotti — Hermosa Beach, announced the 11th annual ArtWalk on June 14-15, from 10 a.m. to 5 p.m., on the Community Center front lawn; Elmita Brown/Lydia Wang — Hermosa Beach Library Manager/Adult Services Manager, respectively, spoke of upcoming events including the June 21 kickoff of the Summer Reading Program, a Mexican Food Cooking Program on July 12 at 2 p.m., and the Paws to Read program; Manny Lares — Behavioral Health Services in Gardena, acknowledged the City's efforts to help end underage drinking in Hermosa; Craig Cadwallader — South Bay Climate 350 Action Group, said clean energy practices save money; supported Community Choice Aggregation; Tom Morley — Redondo Beach, asked that items 2(f) and 4(b) be pulled from the Consent Calendar; Sal Longo — Hermosa homeowner and owner of Suzy's Bar & Grill, asked the Council to lift the moratorium on liquor sales in the hill section; and Bob Atkins — Hermosa Beach, described how he was the victim of alleged harassment by Hermosa Police Officer Landon Phillips; City Council Minutes 06-10-14 Page 13998 • (a) Supplemental letter from Jon Furgison dated June 8, 2014 regarding opposition to paving over portions of Valley Park. • • No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) and (g) Fangary; 2(f) Petty. Motion Tucker, second Petty. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on January 29, 2014; and 2) Minutes of the Adjourned Regular meeting held on February 11, 2014. Action: To approve as presented the minutes of the City Council's Adjourned Regular meetings of January 29, 2014 and February 11, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) May 22, 2014: Nos. 46490, 52014, 73885 through 73930, and 201405 2) May 29, 2014: Nos. 73931 through 73967, and 20140529; and CANCELLATION OF CHECKS: Nos. 73907 and 73916 Action: To ratify the check registers as presented, and approve the cancellation of certain checks, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2014 FINANCIAL REPORTS: 1) Revenue and Expenditure report; 2) Cash Balances report; and 3) City Treasurer's report. Action: To receive and file the April 2014 Financial Reports. City Council Minutes 06-10-14 Page 13999 • (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated May 19, 2014. • (f) (g) CLAIMANT: ALVAREZ, MARTHA DATE OF LOSS: 05-21-14 DATE FILED: 05-27-14 ALLEGATION: HARASSMENT Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO AUTHORIZE AN ADDITIONAL $55,000 FOR OIL DEVELOPMENT AGREEMENT (DA) LEGAL SERVICES WITH STOEL RIVES LLP, INCREASING PAYMENT FROM $20,000 TO $75,000. Memorandum from City Manager Tom Bakaly dated June 03, 2014. At the request of Tom Morley, Councilmember Petty removed this item for separate discussion later in the meeting. Action: To authorize an additional $55,000 for Oil Development Agreement (DA) Legal Services with Stoel Rives, LLP, increasing the payment from $20,000 to $75,000. Motion Fangary, second Barragan. The motion carried by a unanimous vote. RECOMMENDATION TO REJECT ALL BIDS REGARDING CIP PROJECT NO. 12-153 HERMOSA BEACH FIRE DEPARTMENT EMERGENCY HYBRID BEACON INSTALLATION AND DIRECT STAFF TO ISSUE A NEW "NOTICE INVITING BIDS" FOR THE PROJECT. Memorandum from Public Works Project Manager G. Daniel Ojeda dated June 05, 2014. Councilmember Fangary removed this item for separate discussion later in the meeting. Public Works Director Senteno, City Manager Bakaly, and City Attorney Jenkins responded to Council questions. Action: To reject all bids regarding CIP Project No. 12-153 Hermosa Beach Fire Department Emergency Hybrid Beacon Installation and direct staff to issue a new "Notice Inviting Bids" for the Project. Motion Petty, second Tucker. The motion carried by a unanimous vote. At 8:36 p.m., the order of the agenda moved to item 5a. • 3. CONSENT ORDINANCES — None City Council Minutes 06-10-14 Page 14000 • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (f), (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. (a) RECOMMENDATION TO RATIFY CHECK REGISTER OF MAY 15, 2014. (Continued from meeting of 5/27/14) This item was continued to the next meeting. (b) RECOMMENDATION TO APPROVE AN AMENDMENT TO CONTRACT TO PROVIDE PROFESSIONAL SERVICES FOR HISTORICAL RESOURCES CONSULTING WITH PCR SERVICES CORP. - EXTENDING TERM AND MODIFYING COMPENSATION RATES; AND DIRECT THE CITY MANAGER TO EXECUTE SAID AMENDMENT. (Continued from meeting of 5/27/14) Memorandum from Community Development Director Ken Robertson dated May 20, 2014. This item was continued to the next meeting. • (c) RECOMMENDATION TO APPROVE 2014 SPECIAL EVENTS CALENDAR AND RECEIVE AND FILE UPDATE REGARDING DISCOVERY CHANNEL FIN FEST EVENT PARKING PLAN. (Continued from meeting of 5/27/14) Memorandum from Assistant to the City Manager Diane Strickfaden dated June 10, 2014. This item was continued to the next meeting. (d) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. (Continued from meeting of 5/27/14) Memorandum from Public Works Director Frank Senteno dated May 15, 2014. Action: To receive and file the report giving the status of capital projects that are either under design or construction as of April 30, 2014. Motion Barragan, second Petty. The motion carried by a unanimous vote. (e) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM PUBLIC WORKS DIRECTOR FRANK SENTENO DATED JUNE 2, 2014 REGARDING THE REQUEST FOR A DISABLED PARKING SPACE AT 823 MONTEREY BOULEVARD. (Continued from meeting of 5/27/14) Action: To receive and file the memorandum from Public Works Director Senteno dated June 2, 2014 regarding the request for a disabled parking space at 823 Monterey Boulevard. Motion Petty, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-10-14 Page 14001 • At 12:25 a.m., the order of the agenda returned to item 5a. • 5. PUBLIC HEARINGS a. 2014-2015 BUDGET. (Continued from Budget Workshop of May 22, 2014 and Study Session of June 10, 2014) Memorandum from Finance Director Viki Copeland dated June 2, 2014. Two supplemental memoranda from Director Copeland, both dated June 10, 2014. Sewer Study Presentation from Public Works Director Senteno received June 10, 2014. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Bakaly, Public Works Director Senteno and Police Chief Papa also responded to Council questions. The public hearing opened at 9:07 p.m. Coming forward to address the Council on this item was: Tom Morley — Redondo Beach, wanted clarification on multiple Tyco funds; said protecting tidelands from pollution should be prioritized. The public bearing closed at 9:10 p.m. Council discussion ensued, with questions/comments on items including: (1) sewer upgrade/maintenance costs/funding options; I(2) a transient occupancy tax increase (which would require voter approval); (3) increasing street re - pavement funding to accelerate needed repairs; funding options to fast-track an 8th Street Safe Route to School project; savings to cover oil debt (dependent on the outcome of the election). The meeting recessed at 10:22 p.m. The meeting reconvened at 10:40 p.m., at which time, due to the lateness of the hour, the Council changed the order of the agenda to move to item 6a, followed by item 4. After another recess at 12:17 a.m., the meeting reconvened at 12:25 a.m., continuing with item 5a. Action: To continue the current policy of maintaining a balance of $3,000,000 in the insurance fund, with direction to staff to return at the mid -year budget evaluation with a proposal for earmarking money in excess of that target amount for sewer repairs at the discretion of the Council. Motion Petty, second Tucker. The motion carried, noting the dissenting vote of Fangary. Further Action: It was the consensus of the Council to direct that the joint study session with the Planning Commission scheduled for June 18 be changed from 6 p.m. to 7 p.m., with an additional Council meeting at 5 p.m. to handle the agenda items that were continued this evening. At 1:14 a.m., the order of the agenda moved to item 6b. City Council Minutes 06-10-14 Page 14002 • 6. MUNICIPAL MATTERS • i a. STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT AND POSSIBLE DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT. Memorandum from Community Development Director Ken Robertson dated June 4, 2014. Two supplemental letters received from Tom Morley, dated May 29, 2014 and June 10, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Michael Mills, the City's oil and gas attorney, was called forward to respond to Council questions. Coming forward to address the Council on this item were: Tom Morley — Redondo Beach, suggested that the City's oil and gas attorney assess whether advances can be paid out of the Tidelands Trust; Brett Strong — E&B oil and gas attorney, said he looked forward to working with the City on the Development Agreement; and Mike Finch — E&B representative, spoke of the continuing negotiations on the Development Agreement. Action: To direct the City's oil and gas attorney to engage in an evaluation of whether the advances identified in the Cost Benefit Analysis can be paid out of Tidelands Trust funds. Motion Petty, second Barragan. The motion carried by a unanimous vote. At 11:55 p.m., the order of the agenda moved to the 'three items removed this evening from the consent calendar, beginning with 2(c), followed by all of the items appearing on the agenda under item 4. b. CONSIDERATION OF HAVING THE CITY CO -HOST, WITH BEHAVIORAL HEALTH SERVICES, INC., THE WEDNESDAY, JUNE 25, BEACH CITIES COMMUNITY COUNCIL SYMPOSIUM ON UNDERAGE DRINKING TOWN HALL MEETING FROM 6 P.M. TO 8 P.M. AT THE HERMOSA BEACH COMMUNITY THEATRE. (This item was added to the agenda earlier in the meeting due to its time -sensitive nature by a 4-1 Council vote) Police Chief Sharon Papa (event headliner) responded to Council questions. Action: To agree to have the City co -host, with Behavioral Health Services, Inc., the June 25 "Beach Cities Community Council Symposium on Underage Drinking" town hall meeting at 6-8 p.m. in Hermosa's Community Theatre. Motion Barragan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-10-14 Page 14003 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. UPDATE ON POLICE DEPARTMENT PLANNING PROCESS FOR JULY 4, 2014. Memorandum from Police Chief Sharon Papa dated June 3, 2014. Police Chief Papa presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: It was the consensus of the Council to receive and file this report. b. CITY COUNCIL MEETING MANAGEMENT DISCUSSION. Memorandum from City Manager Tom Bakaly dated June 3, 2014. Supplemental letters from Michael Keegan and F.O. Huebscher, both received June 10, 2014. Supplemental draft speaker card received from City Clerk Doerfling June 10, 2014. This item was continued to the next meeting. c. CONSIDERATION OF WHETHER CITY COUNCIL SHOULD CANCEL ITS AUGUST 12, 2014 REGULAR CITY COUNCIL MEETING INSTEAD OF ITS AUGUST 26, 2014 ADJOURNED REGULAR CITY COUNCIL MEETING. This item was continued to the next meeting. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — CIVIL SERVICE BOARD TERM EXPIRATION ON JULY 15, 2014, AND UNEXPIRED TERM ENDING JULY 15, 2015. Memorandum from City Clerk Elaine Doerfling dated June 4, 2014. This item was continued to the next meeting. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned Wednesday, June 11, 2014, at the hour of 1:37 a.m., to the City's Annual Employee Awards Party at 6:15 p.m., June 12, 2014, at the Clark Building, to be followed on June 18, 2015 by an Adjourned Regular meeting at 5 p.m., and a joint Study Session with the Planning Commission on the same date at 7 p.m. A "City Clerk / ) ? I Deputy City Clerk ity C • cil Minutes 06-10-14 Page 14004 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Wednesday, June 18, 2014, at the hour of 5:10 p.m. PLEDGE OF ALLEGIANCE — George Schmeltzer ROLL CALL: Present: Barragan, Fangary, Petty, Mayor pro tern Tucker Absent: Mayor DiVirgilio (arrived at 5:25 p.m.) CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Barragan spoke of the Los Angeles Kings' Victory Parade through the City and the Stanley Cup viewing; thanked staff for a great job putting it together. Mayor pro tem Tucker marveled at how quickly Hermosa and its two neighboring beach cities were able to come together and get the job done; thanked Hermosa's Fire and Police departments for their assistance with the parade. PROCLAMATIONS/PRESENTATIONS — None PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS No one came forward to address the Council under Oral Communications. (a) Letter from Julie Arizpe regarding paving a portion of Valley Park to provide parking spaces for North School. No one came forward to address the Council on this Written Communication. Action: To receive and file the letter. Motion Barragan, second Petty. The motion carried, noting the absence of Mayor DiVirgilio. 2. CONSENT CALENDAR: (a) RECOMMENDATION TO APPROVE AN AMENDMENT TO CONTRACT TO PROVIDE PROFESSIONAL SERVICES FOR HISTORICAL RESOURCES CONSULTING WITH PCR SERVICES CORP. — EXTENDING TERM AND MODIFYING COMPENSATION RATES; AND DIRECT THE CITY MANAGER TO EXECUTE SAID AMENDMENT. (Continued from meetings of 5/27/14 and 6/10/14) Memorandum from Community Development Director Ken Robertson dated May 20, 2014. City Council Minutes 06-18-14 Page 14005 • Action: To approve the staff recommendation to: 1) Approve an amendment to the Contract to Provide Professional Services for Historical Resources Consulting with PCR Services Corp. — extending the term and modifying compensation rates; and 2) Direct the City Manager to execute said amendment. Motion Barragan, second Petty. The motion carried, noting the absence of Mayor DiVirgilio. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION (a) RECOMMENDATION TO RATIFY CHECK REGISTER OF MAY 15, 2014. (Continued from meetings of 5/27/14 and 6/10/14) This item had been removed from the May 27, 2014 consent calendar by Councilmember Barragan for separate discussion. Action: To ratify the check register of May 15, 2014, as recommended. Motion Barragan, second Petty. The motion carried, noting the absence of Mayor DiVirgilio. • (b) RECOMMENDATION TO APPROVE 2014 SPECIAL EVENTS CALENDAR AND RECEIVE AND FILE UPDATE REGARDING DISCOVERY CHANNEL FIN FEST EVENT PARKING PLAN. (Continued from meetings of 5/27/14 and 6/10/14) Memorandum from Assistant to the City Manager Diane Strickfaden dated June 10, 2014. This item had been removed from the May 27, 2014 consent calendar by Councilmember Fangary for separate discussion. Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. (Mayor DiVirgilio arrived at 5:25 p.m.) Action: To approve the staff recommendation to: 1) Approve the 2014 Special Events Calendar; and 2) Receive and file the update regarding the Discovery Channel Fin Fest Event Parking Plan. Motion Petty, second Mayor DiVirgilio. The motion carried. 5. PUBLIC HEARINGS — None • 6. MUNICIPAL MATTERS — None City Council Minutes 06-18-14 Page 14006 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) CITY COUNCIL MEETING MANAGEMENT DISCUSSION. (Continued from meeting of 6/10/14) Memorandum from City Manager Tom Bakaly dated June 3, 2014. Two items of supplemental information from City Manager Bakaly received June 18, 2014. Supplemental email from Michael Keegan received June 18, 2014. City Manager Bakaly presented the staff report and responded to Council questions. Economic Development Officer Shelli Margolin -Mayer also responded to Council questions. Coming forward to address the Council on this item were: Barbara Ellman — Hermosa Beach, opposed requiring members of the audience to fill out a form before speaking; said occasionally too much time is spent on acknowledgments at the front of the meeting; Craig Cadwallader — said speaker cards are good for large cities but are not needed in Hermosa; said the agendas are too full; suggested looking at Manhattan Beach's new meeting management policy; encouraged lively debate and fewer limitations on speakers; and Jeff Duclos — Hermosa Beach, said public comment is not the reason meetings go so late, rather it is because Councilmembers do not get answers to their questions (from staff) before meetings. Action: To forego speaker cards; to hear discussion of consent calendar items removed by members of the public after any public hearings; and to consider holding a third meeting in months where the workload is exceptionally high. Motion Tucker, second Fangary. The motion carried by a unanimous vote. (b) CONSIDERATION OF WHETHER CITY COUNCIL SHOULD CANCEL ITS AUGUST 12, 2014 REGULAR CITY COUNCIL MEETING INSTEAD OF ITS AUGUST 26, 2014 REGULAR CITY COUNCIL MEETING. (Continued from meeting of 6/10/14) Action: To cancel the August 12, 2014 Regular City meeting instead of the August 26, 2014 Regular Meeting (which was customary in the past). Motion Petty, second Fangary. The motion carried, noting the dissenting vote of Tucker, who was concerned about the impact on staff. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) VACANCIES — BOARDS AND COMMISSIONS — CIVIL SERVICE BOARD TERM EXPIRATION ON JULY 15, 2014, AND UNEXPIRED TERM ENDING JULY 15, 2015. (Continued from meeting of 6/10/14) Memorandum from City Clerk Elaine Doerfling dated June 4, 2014. City Council Minutes 06-18-14 Page 14007 • City Clerk Doerfling presented the report and responded to Council questions. Action: To appoint Sharon Thompson to the Civil Service Board for a four- year term ending July 15, 2018, and appoint E. Thomas Moroney to fill the unexpired term ending July 15, 2015. Motion Fangary, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned at 7:00 p.m. on Wednesday, June 18, 2014, to an Adjourned Regular Meeting of the same date scheduled to begin at 7:00 p.m. for the purpose of conduction a joint study session with the Planning Commission on the Final Environmental Impact Report on E&B's proposed oil drilling/production project. City Council Minutes 06-18-14 Page 14008 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, June 18, 2014, at the hour of 7:24 p.m. (for the purpose of conducting a joint study session with the Planning Commission on the Final Environmental Report for the proposed E&B Oil Drilling/Production Project at the City Yard site). • • PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None Also in attendance were City Manager Tom Bakaly, City Attorney Jenkins, Planning Commission Chairman Kent Allen, Vice Chairman Michael Flaherty, and Commissioners Sam Perrotti, Ron Pizer and Peter Hoffman. 1. PURPOSE OF FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ROLE OF THE COMMISSION AND COUNCIL; CONSULTANT SUMMARY; COUNCIL/COMMISSION QUESTIONS. Supplemental memorandum from City Manager Tom Bakaly received June 18, 2014. Supplemental email sent to City Attorney Mike Jenkins from Nicki Carlsen of Alston & Bird, LLP dated June 17, 2014. City Manager Bakaly introduced Ed Almanza, City Consultant/EIR Project Manager, who gave a brief overview of the process for the Final Environmental Impact Report (FEIR). City Attorney Jenkins then gave a brief outline of the roles of the Planning Commission and the City Council with regard to the proposed oil project, and responded to Council questions. 2. OVERVIEW OF TOPIC AREAS AND MITIGATION MEASURES THAT HAVE BEEN ADDRESSED AND/OR MODIFIED IN RESPONSE TO COMMENTS OR SUPPLEMENTAL INFORMATION; CONSULTANT SUMMARY; COUNCIL/COMMISSION QUESTIONS; QUESTIONS FROM THE PUBLIC Luis Perez, Marine Research Specialists (MRS) Project Manager, introduced his fellow consultants: Steve Radis (MRS Principle), Greg Chittick (MRS Senior Project Engineer), and Steve Rogers (Steve Rogers Acoustics, noise consultant). He presented the consultant summary and the group responded to questions from Councilmembers/Commissioners and the public. City Attorney Jenkins also responded to questions from the public. Members of the public who came forward with questions: Andre Sharp George Schmeltzer Jeff Craig City Council Minutes 06-18-14 Page 14009 • • Brad Sorenson Lauren Pizer Phyllis Pennings 3. POTENTIAL COUNCIL DIRECTION TO STAFF/CONSULTANT ON ENVIRONMENTAL IMPACT REPORT No additional direction was given during this item. 4. PUBLIC COMMENTS RELATED TO THE FINAL ENVIRONMENTAL IMPACT REPORT Members of the public who came forward with comments: Jim Rosenberger George Schmeltzer Nicki Carlsen, E&B attorney, Alston & Bird, LLP Jeff Craig Mike Finch, E&B Vice President Scott Hbel Mike Collins ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, June 18, 2014, at 10:30 p.m., to an Adjourned Regular Meeting at 5 p.m. on Tuesday, June 24, 2014 (for the purpose of conducting a Class and Compensation Study/Land Management Software Study Session), which will adjourn to the Regular City Council Meeting scheduled to take place at 7 p.m. City Council Minutes 06-18-14 Page 14010 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 24, 2014, at the hour of 5:11 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Petty, Tucker, Mayor DiVirgilio Absent: Fangary (arrived at 5:14 p.m.) 1. CLASSIFICATION AND COMPENSATION STUDY — POLICY DISCUSSION OF COMPENSATION & LABOR MARKET SELECTION Assistant to the City Manager Diane Strickfaden introduced Doug Johnson, VP, Ralph Anderson and Associates, who presented the classification and compensation study accompanied by a PowerPoint presentation. Council direction was to add five cities (Hawthorne, Lomita, Lawndale, Torrance and Gardena) to the list of cities being surveyed, and to have the consultant return to a future meeting for further discussion of the information gathered, with his choosing of the 12 preferred cities that would be best compared to Hermosa Beach. 2. LAND MANAGEMENT SOFTWARE City Manager Bakaly said that the staff members actually using the current software were present and asked them to introduce themselves: Sonali Tambe, Public Works GIS Analyst; Liz Zeigler, Public Works Administrative Assistant; Yu-Ying Ting, Community Development Administrative Assistant; Ells Freeman, Public Works Superintendent; Nico De Anda Scaia, Management Analyst. Community Development Director Ken Robertson presented the staff report and introduced David Avila from Accela, Inc., who provided a PowerPoint presentation and responded to Council questions. Community Development Director Robertson responded to Council questions, explaining that upgrading Accela's software was a sole -source staff recommendation Administrative Assistant Liz Zeigler and Superintendent Ells Freeman described how the upgrade would improve the efficiency of their department in serving the public. Council direction was to bring this item back on the Consent Calendar for a decision. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 24, 2014, at the hour of 6:44 p.m. to the Regular Meeting of Tuesday, June 24, 2014, at 7:00 p.m. City Clerk City C cil Minutes 06-24-14 Page 14011 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 24, 2014, at the hour of 7:20 p.m. PLEDGE OF ALLEGIANCE — Barbara Ellman ROLL CALL: Present: Barragan, Fangary, Petty, Tucker Absent: Mayor DiVirgilio (arrived at 11:05 p.m.) CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Fangary thanked City staff for coordinating the Los Angeles Kings victory parade with the cities of Redondo and Manhattan, and for ensuring another safe 4th of July; and announced the World Cup viewing party at 9 a.m., Thursday, June 26, on Pier Plaza. Councilmember Barragan spoke of her participation last Saturday, on behalf of the City, as a Habitat for Humanity volunteer; announced the "Beach Cities Community Council Symposium on Underage Drinking" Town Hall meeting from 6 p.m. to 8 p.m. on Wednesday, June 25, at the Hermosa Beach Community Theatre. Mayor pro tem Tucker encouraged attendance at tomorrow evening's Town Hall meeting on underage drinking in the beach cities. He then noted that the City has prepared for a safe 4th of July. PROCLAMATIONS/PRESENTATIONS ALCOHOL AWARENESS MONTH Mayor pro tem Tucker, on behalf of (then -absent) Mayor DiVirgilio, presented the proclamation for the "Beach Cities Community Council Symposium on Underage Drinking in the Beach Cities" Town Hall meeting to representatives of Behavioral Health Services, the event organizers, proclaiming the month of June 2014 as "Alcohol Awareness Month." Manny Lares of Behavioral Health Services said underage drinking is a community problem with underlying causes that must be addressed, and thanked the Council and Police Sharon Papa for their support. SOUTH BAY WORKFORCE INVESTMENT BOARD PRESENTATION Denise DiPasquale gave a summary of the Board's background, its current activities and recent accomplishments. She also encouraged Hermosa Beach businesses to participate in their programs. PUBLIC PARTICIPATION: City Council Minutes 06-24-14 Page 14012 • 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Joe Galliani — South Bay Bicycle Coalition/Torrance resident, spoke in support of Community Choice Aggregation; and Dencv Nelson — Hermosa Beach, announced the annual Shakespeare by the Sea free performances at 7 p.m., Wednesday, July 16 and Thursday, July 17 in Valley Park. (a) Letter from South Bay Association of Realtors President Tamara Suminski dated May 27, 2014 regarding policy matters related to City enforcement of real estate signs in the public right-of-way; and Memorandum in response from Economic Development Officer SheIli Margolin -Mayer and Code Enforcement Official Bob Rollins. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Petty, second Barragan. The motion carried 4-0, noting the absence of Mayor DiVirgilio. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(h) and (j) Fangary; and 2(k) Barragan. Motion Petty, second Barragan. The motion carried 4-0, noting the absence of Mayor DiVirgilio. (a) RECOMMENDATION TO APPROVE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING DATED JUNE 19, 2014 REGARDING MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL. Supplemental email from Fred Huebscher received June 23, 2014. Action: To approve the memorandum from City Clerk Doerfling dated June 19, 2014 regarding minutes of the Regular meetings of the City Council. (DiVirgilio absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTERS. 1) June 4, 2014: No. 73968 2) June 5, 2014: Nos. 1465, 73969 through 74005, 148597, 149667, 149718, 150155, 150190, 943572 and 6052014. 3) June 12, 2014: Nos. 74006 through 74082, and 6122014. Action: To ratify the check registers, as recommended. (DiVirgilio absent) City Council Minutes 06-24-14 Page 14013 • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items, as recommended by staff. (DiVirgilio absent) (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN NOWICKI DATED JUNE 19, 2014 REGARDING REVENUE AND EXPENDITURE REPORTS, THE CITY TREASURER'S REPORT, AND THE CASH BALANCE REPORT FOR MAY 2014. Action: To receive and file the memorandum from Finance Director Copeland and City Treasurer Nowicki dated June 19, 2014 regarding Revenue and Expenditure reports, the City Treasurer's Report, and the Cash Balance Report for May 2014, as recommended. (DiVirgilio absent) (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 21, 2014. Action: To receive and file the action minutes of the Public Works Commission meeting of May 21, 2014. (DiVirgilio absent) • (fl • (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 3, 2014. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 3, 2014. (DiVirgilio absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 17, 2014. Action: To receive and file the action minutes of the Planning Commission meeting of June 17, 2014. (DiVirgilio absent) (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Strickfaden dated June 9, 2014. CLAIMANT: DATE OF LOSS: DATE FILED: ALLEGATION: GREEN, TRYNA 05-25-14 06-04-14 PERSONAL INJURY City Council Minutes 06-24-14 Page 14014 • (i) CLAIMANT: DATE OF LOSS: DATE FILED: ALLEGATION: MALMSTEDT, DAVID & ROSIE 05-26-14 06-09-14 PROPERTY DAMAGE This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Assistant to the City Manager Strickfaden and City Attorney Jenkins responded to Council questions. Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator, as recommended by staff. Motion Fangary, second Barragan. The motion carried 4-0, noting the absence of Mayor DiVirgilio. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Senteno dated June 17, 2014. Action: To receive and file the project status report giving the status of capital improvements that are either under design or construction as of May 31, 2014, as recommended by staff. (Mayor DiVirgilio absent) (j) RECOMMENDATION TO WAIVE FORMAL BIDDING IN ACCORDANCE WITH MUNICIPAL CODE SECTION 3.12.070 AS THIS COMMODITY CAN ONLY BE OBTAINED FROM THE VENDOR; AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCELA, INC. FOR IMPLEMENTATION OF ACCELA AUTOMATION SOFTWARE IN THE AMOUNT OF $539,908, AND TO ENTER INTO A SUBSCRIPTION MAINTENANCE AGREEMENT; AND APPROPRIATE $77,200 FROM THE EQUIPMENT REPLACEMENT FUND FOR SUBSCRIPTION/ MAINTENANCE AND UPGRADES. Memorandum dated June 10, 2014 from Community Development Director Robertson, Public Works Director Senteno, Fire Chief Lantzer, and Management Analyst Nico De Anda-Scaia. Supplemental letter from Howard Longacre received June 23, 2014. Supplemental Final Draft of Professional Services Agreement with Accela, as drafted and agreed to by the City Attorney's office and Accela. This item was.pulled by Councilmember Fangary for separate discussion later in the meeting. Community Development Director Robertson responded to Council questions. Dave Avila, Accela Senior Account Executive, was invited forward to respond to Council questions about pricing. City Council Minutes 06-24-14 Page 14015 • No one came forward to address the Council on this item. • Action: To approve the staff recommendation to: 1) Waive formal bidding in accordance with Municipal Code Section 3.12.070 as this commodity can only be obtained from the vendor; 2) Authorize the City Manager to enter into an agreement with Accela, Inc. for implementation of Accela Automation software in the amount of $540.000 (the original amount of $539,908 was rounded up per Director Robertson); 3) Enter into a Subscription Maintenance Agreement; and 4) Appropriate $77,200 from the Equipment Replacement Fund for subscription/maintenance and upgrades. Motion Petty, second Fangary. The motion carried 3-1, noting the dissenting vote of Barragan and the absence of Mayor DiVirgilio. (k) RECOMMENDATION TO APPROVE PAYMENT INCREASE OF $15,200 TO LYLE SUMEK ASSOCIATES FOR STRATEGIC PLANNING AND CITY MANAGER PERFORMANCE EVALUATION SERVICES. Memorandum from City Manager Bakaly dated June 18, 2014. This item was pulled by Councilmember Barragan for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. No one came forward to address the Council on this item. Action: To approve payment increase of $15,200 to Lyle Sumek Associates for Strategic Planning and City Manager performance evaluation services, as recommended by staff. Motion Fangary, second Petty. The motion carried 3-1, noting the dissenting vote of Barragan and the absence of Mayor DiVirgilio. RECOMMENDATION TO DIRECT THE CITY CLERK TO NEGOTIATE A THREE-YEAR EXTENSION TO THE CURRENT LEGAL ADVERTISING CONTRACT WITH THE EASY READER NEWSPAPER (RATHER THAN GO OUT TO BID AS HAD BEEN PREVIOUSLY RECOMMENDED AND AUTHORIZED). Memorandum from City Clerk Doerfling dated June 17, 2014. (1) Action: To direct the City Clerk to negotiate a three-year extension to the current legal advertising contract with Easy Reader newspaper (rather than go out to bid as had been previously recommended and authorized), as recommended. (Mayor DiVirgilio absent) At 7:47 p.m. the order of the agenda moved to item 5a. City Council Minutes 06-24-14 Page 14016 • 3. CONSENT ORDINANCES a. ORDINANCE NO. 14-1347 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ERECTION OF EXTENDED TEMPORARY SIGNS BY AUTOMOTIVE DEALERS FOR A ONE-YEAR PERIOD AND SUPERSEDING ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREOF." For adoption. Memorandum from City Clerk Doerfling dated June 17, 2014. Action: To waive full reading and adopt Ordinance No. 14-1347. Motion Petty, second Barragan. The motion carried by the following vote: AYES: Barragan, Petty, Tucker NOES: Fangary ABSENT: Mayor DiVirgilio ABSTAIN: None At 8:49 p.m., the order of the agenda moved to item 7a. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h), (j) and (k) were heard at this time but are shown in order for • clarity. • Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 8:37 p.m., the order of the agenda moved to item 6c. 5. PUBLIC HEARINGS a. REVIEW OF DELINQUENT SOLID WASTE COLLECTION (REFUSE) CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON THE PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT, AND AUTHORIZE COUNTY ASSESSOR TO CREATE ASSESSMENT FUND ACCOUNT. Memorandum from City Manager Bakaly dated June 17, 2014. Supplemental email from Fred Huebscher dated June 22, 2014. Supplemental memorandum from City Attorney Jenkins dated June 23, 2014. Supplemental updated delinquent list as of June 24, 2014. City Manager Bakaly presented the staff report and responded to Council questions. The public hearing opened at 7:50 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:50 p.m. City Council Minutes 06-24-14 Page 14017 • • Action: To approve the staff recommendation to adopt Resolution No. 14- 6903, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO SET UP A NEW HAULER ACCOUNT AND FUND NUMBER FOR ARAKELIAN ENTERPRISES (ATHENS SERVICES) IN ORDER TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES; AND TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATED DISPOSAL SERVICE (CDS) TO THEIR EXISTING FUND NUMBER 168.86 (HERMOSA BCH DEL REFUSE CDS) AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES." Motion Petty, second Fangary. The motion carried 4-0, noting the absence of Mayor DiVirgilio. At 7:52 p.m., the order of the agenda moved to item 5d. b. ADOPTION OF 2014-2015 BUDGET. Memorandum from Finance Director Copeland dated June 16, 2014. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Bakaly and Public Works Director Senteno also responded to Council questions. The public hearing opened at 9:45 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:45 p.m. Action: To remove the Civil Source contract from the budget but to have staff present the contract (not to exceed $150,000) to Council before the amount paid by the City to Civil Source reaches $20,000. Motion Barragan, second Fangary. The motion carried 4-0, noting the absence of Mayor DiVirgilio. Proposed Action: To transfer $150,000 from the PCH/Aviation Improvement Project's General Fund to capital improvement projects funding. Motion Barragan. The motion died for lack of a second. Further Action: To approve the staff recommendation to: 1) Adopt Resolution No. 14-6905, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2014-2015"; and 2) Approve contracts for services contained herein. Motion Petty, second Fangary. The motion carried 4-0, noting the absence of Mayor DiVirgilio absent. c. ADOPTION OF THE 2014-15 APPROPRIATION LIMIT. Memorandum from • Finance Director Copeland dated June 11, 2014. City Council Minutes 06-24-14 Page 14018 • • Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 10:06 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:06 p.m. Action: To approve the staff recommendation to adopt Resolution No. 14- 6906, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR THE FISCAL YEAR 2014-2015." Motion Fangary, second Petty. The motion carried 4-0. (Mayor DiVirgilio absent) At 10:08 p.m. the order of the agenda moved to item 6b. d. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT FISCAL YEAR 2014-2015. Memorandum from Public Works Associate Engineer Homayoun Behboodi dated June 10, 2014. Staff report revised and updated June 23, 2014. Public Works Director Senteno presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 7:54 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:54 p.m. Action: To approve the staff recommendation to adopt Resolution No. 14- 6904, 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, 2014 AND ENDING JUNE 30, 2015 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2014-2015." Motion Petty, second Fangary. The motion carried 4-0. (Mayor DiVirgilio absent) At 7:55 p.m., the order of the agenda moved to item 4. 6. MUNICIPAL MATTERS a. STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT AND POSSIBLE DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT. Memorandum from Community Development Director Robertson dated June 18, 2014. Supplemental email and attachment from Howard Longacre dated June 24, 2014. Supplemental Home Stabilization City Council Minutes 06-24-14 Page 14019 Fund information from Councilmember Petty submitted during discussion of this item. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. (Mayor DiVirgilio arrived at 11:05 p.m.) Coming forward to address the Council on this item were: Mike Finch — E&B, expressed the firm's preference to have the election in June 2015; commented on the final Environmental Impact Report (FEIR); stressed the safety of the proposed oil project; Jose Bacallao — Hermosa Beach, took issue with E&B's letter submitted to the City last night at 6 p.m., about their lack of time to review the FEIR; Craig Cadwallader — Surfrider Foundation, South Bay Chapter, took exception to E&B's letter as well; Nicki Carlsen — E&B counsel, stressed the safety of the project and raised issues with specific statements in the FEIR; George Schmeltzer — Hermosa Beach, said documents on the City's website cite an election date of November 2014; said a special election would mean thousands of fewer voters; took issue with E&B's letter; Dencv Nelson — Hermosa Beach, said the FEIR was done by qualified people; said E&B is trying to stall, and that the vote should occur in November when there will be more people at the polls; Joe Galliani — South Bay 350 Climate Action Group/Torrance resident, said E&B feels they will lose if the election is held in November; and Kevin Sousa — Hermosa Beach, said E&B will sue the City if this goes on the ballot in November, as they would prefer to delay until they garner more public support. Action: To receive and file the report. Motion Fangary, second Petty. The motion carried by a unanimous vote. Further Action: To direct Michael Mills of Stoel Rives, LLP, the City's oil and gas attorney, to give his opinion on determination of the election date as indicated in the Settlement Agreement. Motion Fangary, second Petty. The motion carried by a unanimous vote. b. ADOPTION OF A RESOLUTION AUTHORIZING A TEMPORARY SALARY ADJUSTMENT TO COMPENSATE THE CITY CLERK FOR A SIGNIFICANTLY INCREASED WORKLOAD DUE TO ADDITIONAL CITY COUNCIL MEETINGS AND THE OIL ISSUE. Memorandum from City Clerk Doerfling dated June 17, 2014. Supplemental email from Fred Huebscher received June 23, 2014. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. City Council Minutes 06-24-14 Page 14020 • No one came forward to address the Council on this item. Action: To adopt Resolution No. 14-6907, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK, which effectively changes the position from part-time to full-time for the six-month period of July 1 through December 31, 2014. Motion Petty, second Fangary. The motion carried 3-1, noting the dissenting vote of Barragan and the absence of Mayor DiVirgilio. At 10:32 p.m. the order of the agenda moved to item 6a. c. APPROVAL OF LEASE AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND HERMOSA BEACH SCHOOL DISTRICT FOR LEASE OF THREE CLASSROOMS AT SOUTH PARK TO BE USED AS SCHOOL DISTRICT OFFICES. Memorandum from Assistant to the City Manager Strickfaden dated June 24, 2014. Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this item. Action: To approve the proposed lease agreement between the City of Hermosa Beach and the Hermosa Beach School District. Motion Petty, second Barragan. The motion carried 4-0, noting the absence of Mayor DiVirgilio. At 8:46 p.m. the order of the agenda moved to item 3. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PILOT PARKING PROGRAM UPDATE. Memorandum from Management Analyst De Anda-Scaia dated June 24, 2014. Management Analyst De Anda-Scaia presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Lori Ford, on behalf of the Hermosa Chamber of Commerce, came forward to respond to Council questions. No one came forward to address the Council on this item. • Action: To approve the staff recommendation to: City Council Minutes 06-24-14 Page 14021 1) Receive and file the report; and 2) Direct staff (with community input) to return with discussion on continuing the free parking program, including consideration of different hours, demand pricing, and lowering the meters. Motion Petty, second Barragan. The motion carried 4-0, noting the absence of Mayor DiVirgilio. The meeting recessed at 9:15 p.m. The meeting reconvened at 9:30 p.m., at which time the order of the agenda moved to item 5b. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE 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, June 24, 2014, at the hour of 11:26 p.m. to the Beach Cities Community Council Symposium on Underage Drinking in the Beach Cities on Wednesday, June 25, at 6 p.m. at the Community Center. 'City Clerk • Deputy City Clerk City Council Minutes 06-24-14 Page 14022 110 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, June 25, 2014, at the hour of 6:30 p.m. • The meeting was called to order at 6:30 p.m. The Beach Cities Community Council Symposium on Underage Drinking in the Beach Cities took place at the Hermosa Beach Community Center. The following City Council members were in attendance, one as a panel participant, and two as observers only: Present: Barragan (who was part of the panel), Tucker, Mayor DiVirgilio Absent: Fangary, Petty ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, June 25, 2014, at the hour of 7:33 p.m. to the Regular Meeting of July 8, 2014, which begins with a Study Session at 6 p.m. City Council Minutes 06-25-14 Page 14023 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 8, 2014, at the hour of 6:07 p.m. PLEDGE OF ALLEGIANCE - Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None PRELIMINARY SUMMARY OF FINDINGS OF THE HEALTH IMPACT ASSESSMENT (HIA): Consultant Verbal Summary; Council Questions; Questions from the Public. City Manager Bakaly provided background information, stating that a summary would be given at tonight's meeting and the actual report will be released next week. Dr. Mary McDaniel, Intrinsik (formerly of McDaniel and Lambert), said external peer review had been performed by Elizabeth Hodges Snyder. Dr. Chris 011son described the changes that had been made and both Dr. McDaniel and Dr. 011son responded to Council questions. PUBLIC COMMENT: Coming forward to address the Council at this time were: Robert Fortunato George Schmeltzer Jim Sullivan Chuck Sheldon Jani Lange Responding to questions, City Manager Bakaly said changes would not be redlined but a summary format would be provided as a part of the staff report. The meeting recessed at 7:15 p.m. The meeting reconvened at 7:30 p.m. PLEDGE OF ALLEGIANCE — Dan Marinelli ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Fangary thanked Police/Fire departments and staff for a safe 4th of July; spoke of the recent shark bite injury that resulted in City Council Minutes. 07-08-14 Page 14024 closing the Manhattan Beach Pier to fishing; and said he will request support tonight to agendize a discussion about Hermosa Pier options in light of this development. Councilmember Barragan thanked the public safety staff for a safe 4th of July; spoke of attending the June 2014 National Association of Latino Elected Officials (NALEO) conference in San Diego, with panels ranging from economic development to water preservation. Mayor pro tem Tucker also thanked City staff for a safe July 4th, and acknowledged Los Angeles County Sheriff deputies, Athens Services, and Los Angeles County maintenance crews for their assistance; said the West Coast Water Basin is installing an ocean friendly garden at the Community Center on July 14; asked that tonight's meeting be adjourned in memory of two Hermosa residents who recently passed away, Paul Matthies and Angela Peterson. Mayor DiVirgilio asked that tonight's meeting also be adjourned in memory of former City Manager Earl Diller, who passed away in May. PROCLAMATIONS/PRESENTATIONS RECOGNIZING DAN MARINELLI FOR HIS SERVICE TO THE COMMUNITY Dan Marinelli expressed his appreciation for the recognition and cited several City officials and staff members for their service. Mayor DiVirgilio thanked Mr. Marinelli for being a terrific friend, as well as a model commissioner and community member. CHAMBER OF COMMERCE AND JOHN WORKMAN SCHOLARSHIP RECIPIENTS Maureen Hunt, Chamber of Commerce Executive Director, presented scholarship honors to Andrew Dates, a graduating senior at Mira Costa High School who will attend Carnegie Mellon University. The John Workman Scholarship was then presented to Luke Murphy, a graduating senior from Redondo Union High School with plans to attend Stanford University. Mary Ellen Workman said it was a pleasure to be on the selection committee in memory of her late husband, congratulated Mr. Murphy and presented a gift to him. LEADERSHIP HERMOSA BEACH "THANK YOU PRESENTATION" TO CITY STAFF AND COMMUNITY FROM LEADERSHIP HERMOSA CLASS OF 2014 Andrea Giancoli and Ryan Nowicki congratulated the class of 2014, noting the success of their community service project, Pillars of our People (POP) that beautified volleyball courts near the Pier. They thanked supporters at the City and in the community, and encouraged applications for the 2015 class, which can be done at www.leadershiphermosa.orq. City Council Minutes 07-08-14 Page 14025 • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Moira Nelson Don Gould, Manhattan Beach Library Manager Harold Cohen Segal children Isabella Bacallao SaraJane Baccalao and Sophia Pizer George Schmeltzer George Barks Richard O'Reilly and Dennis Jarvis, Spyder Surfboards Susan Darcy Sal Longo Sidra Wieder Allan Mason Eric Foster Mike Binder No name given Joan Arias Grant Ibrahim James Mitchell Lawrence Chaves Shane Manning Barbara Ellman 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (e) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) Tucker, 2(e) Barragan. Motion Petty, second Tucker. The motion carried by a unanimous vote. At 8:52 p.m., the order of the agenda moved to item 5a. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on February 11, 2014; and 2) Minutes of the Special meeting held on February 25, 2014. Action: To approve as presented the minutes of the City Council's Regular meeting of February 11, 2014 and Special meeting of February 25, 2014. City Council Minutes 07-08-14 Page 14026 (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO • APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. • 1) June 19, 2014: Nos. 74083 through 74159, 1461543, 1463143 and 6192014. 2) June 26, 2014: 74160 through 74235, and 14655135. 3) June 27, 2014: 74236, and the cancellation of 73715 and 73837. Action: To ratify the check registers, and approve the cancellation of certain checks, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Supplemental email from Howard Longacre dated July 8, 2014. This item was pulled by Mayor pro tern Tucker for separate discussion later in the meeting. Action: To receive and file tentative future agenda items, scheduling discussion of the Pier/Strand hotel project and free parking for the Adjourned Regular meeting of July 29, 2014. Motion Tucker, second Petty. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2014 FINANCIAL REPORTS: 1) Revenue and Expenditure Report; 2) Cash Balances Report; and 3) City Treasurer's Report. Action: To receive and file the May 2014 Revenue and Expenditure Report; the May 2014 Cash Balances Report; and the May 2014 City Treasurer's Report. (e) RECOMMENDATION TO APPROVE AN AGREEMENT WITH CIVILSOURCE OF IRVINE, CA TO PROVIDE TEMPORARY ENGINEERING STAFFING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR A NOT -TO -EXCEED AMOUNT OF $150,000. Memorandum from Public Works Director Frank Senteno dated June 30, 2014. This item was pulled by Councilmember Barragan for separate discussion later in the meeting. • Public Works Director Senteno responded to Council questions. City Manager Bakaly also responded to Council questions. City Council Minutes 07-08-14 Page 14027 Action: To approve an agreement with CivilSource of Irvine, CA to provide temporary engineering staffing services for various capital improvement projects for a not -to -exceed amount of $150,000. Motion Barragan, second Tucker. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION The two items removed from the Consent Calendar for separate discussion were heard at this time but are shown in order for clarity. Item 2(e) was heard first at 1:24 a.m., followed by item 2(c) at 1:40 a.m. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 1:52 a.m., the order of the agenda moved to item 9. 5. PUBLIC HEARINGS (a) E&B OIL DRILLING & PRODUCTION PROJECT — CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT: 1) Consideration of Resolution to Certify the Final Environmental Impact Report (including the Mitigation Monitoring and Reporting Program) for the development of Oil Drilling and Production Project proposed by E&B Natural Resources Management Corp. at 555 6th Street, Hermosa Beach, including analysis of relocation of City Maintenance Yard; and 2) Consideration of the legislative actions for the E&B Oil Drilling and Production that will be presented to the voters (Coastal Land Use Plan and Municipal Code amendments and development agreement). Memorandum from Community Development Director Ken Robertson dated July 2, 2014. Supplemental emails from Nicki Carlsen of Alston & Bird, LLP, and from Tom Morley, both dated July 7, 2014. Community Development Director Robertson presented the staff report and responded to Council questions, recommending that item #2 be delayed to a future meeting. City Attorney Jenkins also responded to Council questions and presented a redlined version of the resolution, as well as Section 8 of the FEIR, Mitigation Measures and Mitigation Monitoring Plan. Luis Perez, Marine Research Services (MRS) Project Manager, came forward to respond to Council questions. Ed Almanza, City consultant/EIR Project Manager, also came forward to respond to Council questions. The public hearing opened at 9:37 p.m. Coming forward to address the Council on this item were: City Council Minutes 07-08-14 Page 14028 • Tom Morley Julie Hamill Kevin Sousa George Schmeltzer Amy Roth, E&B Mike Finch, E&B Vice President Craig Cadwallader, Surfrider Foundation, South Bay Chapter Martha Logan George Barks Lauren Pizer Mains Jess Lurie Marci Palla Joe Galliani, South Bay Climate 350 Dency Nelson Jim Sullivan Sarah Sikich, Heal the Bay Jose Bacallao Chris Miller Michael Keegan The public hearing closed at 10:25 p.m. Action: To approve the staff recommendation to: 1) Adopt Resolution No. 14-6908 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), AND CONFIRMING THE LANGUAGE IN THE MITIGATION MONITORING PROGRAM IN CONJUNCTION WITH THE PROPOSED OIL DRILLING AND PRODUCTION PROJECT AT 555 6TH STREET, HERMOSA BEACH AND THE CORRESPONDING CITY YARD RELOCATION AT 1315 VALLEY DRIVE AND 552 11TH PLACE IN HERMOSA BEACH, CALIFORNIA (E&B OIL PROJECT)," as revised this evening by the City Attorney; and 2) Continue to the meeting of September 22, 2014, consideration of the legislative actions for the E&B Oil Drilling and Production project that will be presented to the voters (Coastal Land Use Plan and Municipal Code amendments and development agreement). Motion Fangary, second Barragan. The motion carried by a unanimous vote. The meeting recessed at 11:00 p.m. The meeting reconvened at 11:21 p.m. (b) MEMORANDUM FROM COMMUNITY DEVELOPMENT DIRECTOR KEN ROBERTSON DATED JULY 3, 2014 REGARDING 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. City Council Minutes 07-08-14 Page 14029 • This item was continued to the July 22, 2014 meeting. • • 6. MUNICIPAL MATTERS (a) STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT AND POSSIBLE DIRECTION REGARDING ELECTION TIMING AND DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT. Memorandum from Community Development Director Ken Robertson dated July 3, 2014. Supplemental memorandum from Michael N. Mills of Stoel Rives, LLP dated July 7, 2014. Two supplemental emails from Tom Morley, received July 3 and July 7, 2014. Community Development Director presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Tom Morley Steve Layton, E&B President Lauren Pizer Mains Kevin Sousa George Schmeltzer Jose Bacallao Craig Cadwallader, Surfrider Foundation, South Bay Chapter Ray Dussault Phil Friedl Chris Prenter Mike Finch, E&B Vice President Alicia Villareal Chris Miller Walt Kasha Michael Mills, Partner, Stoel Rives LLP, the City's oil and gas attorney, responded to Council questions. Nicki Carlsen, Partner, Alston & Bird LLP, E&B's attorney, responded to Council questions. Action: To direct Michael Mills, the City's oil and gas attorney, of Stoel Rives LLP, to obtain an opinion from the State Lands Commission on whether advances and royalties to Macpherson Oil can be paid from the Tidelands Trust; and to provide any desired opinions to Kosmont. Motion Barragan, second Fangary. The motion carried by a unanimous vote. At 1:24 a.m., the order of the agenda moved to item 2e. City Council Minutes 07-08-14 Page 14030 • • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL (a) Request from Mayor DiVirgilio to have staff return with a discussion to clarify Council's direction regarding zero tolerance code enforcement. Action: To direct staff to return with a discussion to clarify Council's direction regarding Zero Tolerance Code Enforcement citywide. Motion DiVirgilio, supported by Fangary and Tucker. (b) Request from Mayor pro tem Tucker to have staff return with a discussion on the standards in the resolution that governs "outdoor dining design and operational standards for Pier Plaza" (CC Res. 05- 6417 as amended by CC Res. 12-6802). Action: To direct staff to return with a discussion on the standards in the Resolution that governs "Outdoor Dining Design and Operational Standards for Pier Plaza" (CC Resolution No. 05-6417 as amended by CC Resolution No. 12-6802). Motion Tucker, supported by Petty and DiVirgilio. (c) Request from Councilmember Fangary for an update on the Manhattan Beach Pier closure to fishing and a staff recommendation so the City Council can make a more informed decision regarding any changes Hermosa Beach should make regarding fishing from its pier. Action: To direct staff to return with an update on the Manhattan Beach Pier closure to fishing and a recommendation to enable the City Council to make a more informed decision regarding any changes Hermosa Beach should make regarding fishing from its pier. Motion Fangary, supported by Barragan and Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Paul Matthies, Angela Peterson and Earl Diller, on Wednesday, July 9, 2014, at the hour of 2:13 a.m. to the Regular meeting of Tuesday, July 22, 2014, which begins with a Study Session at 6 p.m. Deputy City Clerk City Council Minutes 07-08-14 Page 14031 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, July 22, 2014, at the hour of 6:10 p.m. ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None PLEDGE OF ALLEGIANCE — Mayor DiVirgilio OVERVIEW OF HEALTH IMPACT ASSESSMENT (HIA): (a) Summary of Review Process; Council Questions City Manager Bakaly said that the draft of the re -issued Health Impact Assessment had been released and the consultant was available for Council questions. Dr. Mary McDaniel, Intrinsik (formerly of McDaniel Lambert Scientists), explained the process and the differences between the original report and . the new one. She introduced Dr. Chris 011son of Intrinsik. Dr. 011son said they had been called in to help when the report was withdrawn by Dr. McDaniel and that their work had been subjected to a third party peer review by Dr. Elizabeth Hodges Snyder. Both Dr. 011son and Dr. McDaniel responded to Council questions. (b) Consultant Overview of Health Impact Assessment; Council Questions; Questions from the Public Coming forward to address the Council at this time were: Name indistinct Andre Sharp Name indistinct George Schmeltzer Jeff Duclos Amy Roth, E&B Scott Hebl Dave Andrews Trevor Thompson Dr. Lisa Santora, Beach Cities Health District Bruce Jaffie Lauren Pizer The meeting recessed at 7:48 p.m. The meeting reconvened at 8:03 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio City Council Minutes 07-22-14 Page 14032 ROLL CALL: • Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Fangary spoke of attending a recent community event held by Strand and Pier Holding Co., LLC, proposed developers of the former Mermaid property, adding that the project would be discussed at the Council meeting of July 29, 2014. Noting that Fire Chief Lantzer was on vacation, the Council unanimously directed that item 6c be continued to the July 29 meeting. PROCLAMATIONS/PRESENTATIONS REDONDO BEACH MAYOR STEVE ASPEL TO PRESENT AN UPDATE ON REDONDO BEACH MONITORING OF AES CORPORATION'S PLANS FOR A NEW POWER PLANT Mr. Aspel presented the update, urged unanimous support from the City Council and responded to Council questions. REDONDO BEACH MAYOR STEVE ASPEL TO PRESENT AN UPDATE ON THE STATUS OF THE HERONDO STREET/HARBOR DRIVE GATEWAY IMPROVEMENT PROJECT Redondo Beach Mayo Aspel presented the update, with assistance from Mike Witzansky, Redondo's interim Assistant City Manager, citing many benefits to both cities as a result of the completed project. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Sylvia Lauterbach Jim Hannon Michael Fleischer George Konstantouros Tavin Segal SaraJane Bacallao and Sophia Pizer Isabella Bacallao Rob Saemann Joe Galliani, South Bay Climate 350 and South Bay Bicycle Coalition George Barks Alex Gray Mariano Alvarez City Council Minutes 07-22-14 Page 14033 • • (a) Sarah Sikich, Heal the Bay Jose Bacallao Jeff Duclos Letter from Howard Lonqacre dated July 15, 2014 regarding "Mermaid Properties" development concerns. No one came forward to address the Council on this matter. Action: To receive and file the letter, with direction to staff to forward a copy of the letter to the proposed developers. Motion Tucker, second Barragan. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: (a) Action: To approve the consent calendar recommendations (a) through (j). Motion Tucker, second Petty. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on February 25, 2014; and 2) Minutes of the Adjourned Regular meeting held on February 26, 2014. Action: To approve as presented the minutes of the City Council's Regular meeting of February 25, 2014 and Adjourned Regular meeting of February 26, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS. 1) July 03, 2014 (Check Nos. 74237 through 74381, 457111, 461169, 462055, 462145, 495444, 495488 and 7032014.) 2) July 03, 2014 (Check No. 74382) 3) July 10, 2014 (Check Nos. 74383 through 74495, and 147592.) Action: To ratify the check registers. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items. (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN NOWICKI REGARDING REVENUE AND EXPENDITURE REPORT, THE CASH BALANCE REPORT, AND THE CITY TREASURER'S REPORT FOR JUNE 2014. City Council Minutes 07-22-14 Page 14034 • • Action: To receive and file the memorandum from Finance Director Viki Copeland and City Treasurer Karen Nowicki regarding the Revenue and Expenditure Report, the Cash Balance Report, and the City Treasurer's Report for June 2014. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 15, 2014. Action: To receive and file the action minutes of the Planning Commission meeting of July 15, 2014. (f) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING FINAL MAP #72237 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 332 OCEAN VIEW DRIVE. Memorandum from Community Development Director Ken Robertson dated July 15, 2014. (g) Action: To adopt Resolution No. 14-6909, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72237, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM LOCATED AT 332 OCEAN VIEW DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA." RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated July 14, 2014. Action: To receive and file project status report as of June 30, 2014. (h) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY SURFSIDE RESTORATION WATERPROOFING, INC. FOR THE CIP NO. 13-663 AS COMPLETE; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE STAFF TO RELEASE RETENTION PAYMENT TO SURFSIDE RESTORATION WATERPROOFING, INC. (NO EARLIER THAN 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Frank Senteno dated July 15, 2014. (i) Action: To approve the staff recommendation to: 1) Accept the work performed by Surfside Restoration Waterproofing, Inc. for the CIP No. 13-663 as complete; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Authorize staff to release retention payment to Surfside Restoration Waterproofing, Inc. (no earlier than 35 days following filing of Notice of Completion. RECOMMENDATION TO AUTHORIZE AN ADDITIONAL $50,000 FOR OIL DEVELOPMENT AGREEMENT (DA) LEGAL SERVICES WITH STOEL RIVES LLP; APPROPRIATE FUNDS FROM THE INSURANCE FUND FOR City Council Minutes 07-22-14 Page 14035 • PAYMENT OF OIL LEGAL SERVICES IN THE AMOUNT OF $125,000; AND APPROPRIATE FUNDS FROM THE INSURANCE FUND FOR PREVIOUSLY APPROVED ADDITIONAL WORK IN THE AMOUNT OF $75,000 FOR THE OIL PROJECT COST BENEFIT STUDY. Memorandum from City Manager Tom Bakaly dated July 14, 2014. Action: To approve the staff recommendation to: 1) Authorize an additional $50,000 for Oil Development Agreement (DA) legal services with Stoel Rives, LLP; 2) Appropriate funds from the Insurance Fund for payment of oil legal services in the amount of $125,000; and 3) Appropriate funds from the Insurance Fund for previously approved additional work in the amount of $75,000 for the oil project Cost Benefit Study. (j) RECOMMENDATION TO ADOPT THE REVISED RESOLUTION PLACING DELINQUENT REFUSE BILLS ON THE COUNTY PROPERTY TAX ROLL AS SPECIAL ASSESSMENT, AMENDED WITH A NON -SUBSTANTIVE LANGUAGE CHANGE AS REQUIRED BY THE COUNTY. Memorandum from City Clerk Elaine Doerfling dated July 17, 2014. Action: To adopt Resolution No. 14-6910, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO SET UP A NEW HAULER ACCOUNT AND FUND NUMBER FOR ARAKELIAN ENTERPRISES (ATHENS SERVICES) IN ORDER TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES; AND TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATED DISPOSAL SERVICE (CDS) TO THEIR EXISTING FUND NUMBER 168.86 (HERMOSA BCH DEL REFUSE CDS) AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES." At 9:16 p.m., the order of the agenda moved to Public Hearing item 5b. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS (a) CONTINUATION OF PUBLIC HEARING TO JULY 29, 2014 REGARDING THE OIL DRILLING AND PRODUCTION PROJECT PROPOSED BY E&B NATURAL RESOURCES MANAGEMENT CORP. TO CONSIDER PLACING A MEASURE ON THE NOVEMBER 4, 2014 BALLOT FOR THE VOTERS TO CONSIDER WHETHER TO APPROVE THE PROJECT AND ADOPT AN City Council Minutes 07-22-14 Page 14036 • • • ORDINANCE APPROVING A DEVELOPMENT AGREEMENT, AMENDMENTS TO THE HERMOSA BEACH GENERAL PLAN/COASTAL LAND USE PLAN AND MUNICIPAL CODE AND A PIPELINE FRANCHISE. Memorandum from Community Development Director Ken Robertson dated July 17, 2014. Supplemental emails from Barbara Ellman and Dave Andrews, both dated July 22, 2014. (As recommended by staff, and by Council consensus, this item was considered after Municipal Matter Item 6(d) — Oil Project Update.) City Attorney Jenkins responded to Council questions. The public hearing opened at 2:45 a.m. No one came forward to address the Council on this item. Action: To continue the public hearing to the City Council meeting of July 29, 2014, at 7:30 p.m., as recommended by the City Attorney. Motion Barragan, second Fangary. The motion carried by a unanimous vote. (b) ADOPTION OF MTA LOCAL DEVELOPMENT REPORT AND CONGESTION MANAGEMENT PROGRAM CONFORMANCE SELF - CERTIFICATION. Memorandum from Community Development Director Ken Robertson dated July 17, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:17 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:17 p.m. Action: To adopt Resolution No. 14-6911, 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 Petty, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS (a) OPTIONS FOR PARTICIPATION IN CALIFORNIA ENERGY COMMISSION CERTIFICATION OF AES REDONDO ENERGY PLANT. Memorandum from Community Development Director Ken Robertson dated July 16, 2014. Supplemental memorandum from Director Robertson dated July 21, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. City Council Minutes 07-22-14 Page 14037 • • Jon Weiner, Partner, Jeffer, Mangels, Butler & Mitchell (LLP/Redondo's attorney), came forward to respond to Council questions and discuss the matter of Hermosa becoming an intervener regarding the proposed project. Coming forward to address the Council on this item were: Leslie Campeggi, co-founder nopowerplant.com Jim Sullivan Joe Galliani Action: To approve the staff recommendation to: 1) Receive and file the information provided with regard to the AES Power Plant (also known as the "Redondo Beach Energy Project"); and 2) Formally participate in the AES proceedings before the California Energy Commission as an intervenor, utilizing the piggy -back option and setting a monetary cap of $20,000 for any staff work that may be needed, with direction to staff to report back in September. Motion Fangary, second Barragan. The motion carried 3-2, noting the dissenting votes of Petty and Tucker. (b) HERONDO STREET/HARBOR DRIVE GATEWAY IMPROVEMENT PROJECT. Memorandum from Public Works Director Frank Senteno dated July 8, 2014. Public Works Director Senteno presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Tim Shea, Director of Public Works, City of Redondo Beach, came forward to respond to Council questions. Coming forward to address the Council on this item were: Michael Fleischer Julian Katz Walt Kasha Jeff Duclos George Barks George Schmeltzer Sean Guthrie, Blue Zones Project Livability Committee member Andrea Giancoli, Blue Zones Project/Beach Cities Health District Gila Katz Action: To approve the staff recommendation to: 1) Receive and file the Herondo Street/Harbor Drive Gateway Improvement Project submitted by the City of Redondo Beach; and 2) Authorize the Director of Public Works to negotiate the disbursement of funds, not to exceed $21,532, from the General Fund that have been appropriated for "CIP 14-128 Street Improvements — Various Locations" to the City of Redondo Beach for the rehabilitation of Herondo Street within City Council Minutes 07-22-14 Page 14038 Hermosa's boundary; with additional direction to staff regarding the inclusion of Hermosa Beach signage. Motion Petty, second Tucker. The motion carried by a unanimous vote. (c) PIER USE AND POSSIBLE FISHING RESTRICTIONS. Memorandum from Fire Chief David Lantzer dated July 16, 2014. Supplemental email from Chris Karkenny dated July 17, 2014. Supplemental email from Mary Cross dated July 18, 2014. Supplemental emails from Dennis Duke Noor, Jacqueline Easton and Peggy Nisen, all dated July 19, 2014. Supplemental email from Greg Maffei dated July 21, 2014. This item was continued to the next meeting. (d) STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT; CONSIDERATION AND POSSIBLE ACTION ON ELECTION TIMING WHICH MAY ALSO INCLUDE AN AGREEMENT WITH E&B ON IMPLEMENTATION OF SETTLEMENT AGREEMENT AND REIMBURSEMENT AGREEMENT; POSSIBLE DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT WHICH MAY ALSO INCLUDE RECOMMENDATIONS OF THE HEALTH IMPACT ASSESSMENT; AND/OR DIRECTION ON OTHER MATTERS CONCERNING THE PROJECT. Memorandum from Community Development Director Ken Robertson dated July 15, 2014. Supplemental email from Marieke Miller dated July 18, 2014. Supplemental emails from Dave Andrews, Tom Northrup, Barbara Ellman, and Scott Frantz, all dated July 22, 2014. Supplemental revised implementation agreement prepared by City Attorney Mike Jenkins and presented at the meeting. Mayor DiVirgilio updated the Council on recent negotiations, including conversations he had today with E&B president Steve Layton and City Attorney Jenkins. The revised implementation agreement prepared by City Attorney Jenkins was then presented for review by all parties. At 11:17 p.m., the meeting recessed. At 11:48 p.m., the meeting reconvened. City Attorney Jenkins pointed out the differences between the agreement contained in the packet and the one presented this evening, to which he proposed additional modifications. Coming forward to address the Council on this item were: Kevin Sousa George Schmeltzer Scott Hebl Martha Logan Jeff Craig Jose Bacallao Barbara Ellman City Council Minutes 07-22-14 Page 14039 • Walt Kasha JR Reviczky Jim Sullivan George Barks Phil Friedl Sidra Wieder Mike Collins Michael Fleischer Dency Nelson David Keane Sarah Sikich, Heal the Bay Michael Binder Stacey Armato Dave Andrews Lauren Pizer Mains Craig Cadwallader, Surfrider Foundation, South Bay Chapter Joe Galliani Mariano Alvarez Phyllis Pennings Julian Katz Chris Prenter City Attorney Jenkins and City Manager Bakaly responded to Council • questions. • Steve Layton, E&B President, came forward to respond to Council questions. Michael Mills, Partner, Stoel Rives, LLP/Hermosa's oil and gas attorney, also came forward to respond to Council questions. Proposed Action: To: 1) Receive and file the report; 2) Direct the City Clerk's Office to prepare the documents required to place the initiative on the ballot for the November 4, 2014 election; and 3) Direct the subcommittee to continue negotiations with E&B if desired. Motion Fangary, second Tucker. The motion was subsequently replaced by the substitute motion shown below (after the recess). Nicki Carlsen, Alston & Bird, LLP/E&B attorney, and Steve Layton, E&B president, came forward to respond to Council questions related to the terms of the agreement, with Mr. Layton agreeing to a March 3, 2015 election and the provision to not sue the City. At 2:28 a.m., the meeting recessed. At 2:33 a.m., the meeting reconvened. Nicki Carlsen and Steve Layton responded to additional Council questions regarding the terms of the agreement. City Council Minutes 07-22-14 Page 14040 • • • Action: To direct staff to execute the Agreement to Implement both the Settlement and Reimbursement Agreements, consistent with the amended terms agreed upon by E&B at tonight's meeting: 1) Term 1 (Special Election) was changed to set March 3, 2015 as the special election date for the proposed oil measure; 2) Term 2 (Development Agreement, Legislative Amendments and Ballot Measure) was deleted in its entirety; and 3) Term 3 (Agreement not to sue) was revised to delete the last phrase starting with "including additional peer review " and was then appropriately renumbered to reflect the above -noted deletion of the second term. Motion Fangary, second Petty. The (supplemental) motion carried 4-1, noting the dissenting vote of Tucker. At 2:44 a.m., the order of the agenda moved to item 5a. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL (a) Request by Councilmember Fangary to have staff evaluate the need to regulate the use of drones on the beach, Pier Plaza, parks, and other public areas. City Manager Bakaly said this matter was scheduled to be an agenda item at a meeting in September. Councilmember Fangary withdrew his request. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 23, 2014, at the hour of 2:50 a.m. to the Adjourned Regular meeting of Tuesday, July 29, 2014 at 6:00 p.m. Deputy City Clerk City Council Minutes 07-22-14 Page 14041 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 29, 2014, at the hour of 6:07 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Fangary commented on the 2015 Reebok Crossfit Games team beach event held July 23; announced the International Surf Festival, July 30 -August 3, and the Summer Concert Series, August 3 -August 24; and asked that tonight's meeting be adjourned in memory of Nick Fagnano. Mayor pro tem Tucker invited everyone to the upcoming Navy Days events, and acknowledged JR Reviczky, who serves on the Navy Days Board of Directors. Mayor DiVirgilio presented outgoing Public Works Director Frank Senteno with a Certificate of Recognition for his service and accomplishments. Mr. Senteno, who accepted a position in another city, said it had been an honor to work for Hermosa Beach and gave a special nod to fellow staff. Mayor pro tem Tucker also thanked Director Senteno for his service and accomplishments. PROCLAMATIONS/PRESENTATIONS — None PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time was: Dency Nelson 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (d) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(d) Fangary. Motion Tucker, second Barragan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated July 22, 2014. City Council Minutes 07-29-14 Page 14042 • • CLAIMANT: KHANLIAN, MARCO DATE OF LOSS: 02-22-14 DATE FILED: 07-22-14 ALLEGATION: PERSONAL INJURY CLAIMANT: HEDANI, LYNN DATE OF LOSS: 07-03-14 DATE FILED: 07-22-14 ALLEGATION: PROPERTY DAMAGE Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (b) RECOMMENDATION TO APPROVE CLASS SPECIFICATION FOR CRIME AND INTELLIGENCE ANALYST. Memorandum from Assistant to the City Manager Diane Strickfaden dated July 23, 2014. Action: To approve the class specification for Crime and Intelligence Analyst, as recommended by staff. (c) RECOMMENDATION TO APPROVE CLASS SPECIFICATION FOR COMMUNITY SERVICES DIVISION MANAGER. Memorandum from Assistant to the City Manager Diane Strickfaden dated July 23, 2014. Action: To approve the class specification for Community Services Division Manager, as recommended by staff. (d) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Coming forward to address the Council on this item was: Barbara Ellman City Manager Bakaly responded to Council questions. Action: To receive and file Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. At 7:05 p.m., the order of the agenda moved to item 6a. 3. CONSENT ORDINANCES — None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 07-29-14 Page 14043 • Item 2(d) 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) CANCELLATION OF PUBLIC HEARING REGARDING THE OIL DRILLING AND PRODUCTION PROJECT PROPOSED BY E&B NATURAL RESOURCES MANAGEMENT CORP. TO CONSIDER PLACING A MEASURE ON THE BALLOT FOR THE VOTERS TO CONSIDER WHETHER TO APPROVE THE PROJECT AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT, AMENDMENTS TO THE HERMOSA BEACH GENERAL PLAN/COASTAL LAND USE PLAN AND MUNICIPAL CODE AND A PIPELINE FRANCHISE. (Continued from meeting of July 22, 2014) Memorandum from Community Development Director Ken Robertson dated July 23, 2014. Community Development Director Robertson 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. Action: To cancel the public hearing scheduled for this evening and re -notice it for a later date due to the Council's decision at the July 22 meeting to move the election date of the oil measure to March 2015. Motion Tucker, second Petty. The motion carried by a unanimous vote. At 8:08 p.m., the order of the agenda moved to item 6(b). 6. MUNICIPAL MATTERS (a) PIER USE AND POSSIBLE FISHING RESTRICTIONS. (Continued from meeting of July 22, 2014) Memorandum from Fire Chief David Lantzer dated July 23, 2014. Supplemental emails from Joe Imbriano dated July 22, 2014, and from Pete and Tracy Broussinos dated July 24, 2014. Fire Chief Lantzer presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item were: Jeff Duclos Frankie Orrala, Heal the Bay Jose Bacallao Action: To approve the staff recommendation to: City Council Minutes 07-29-14 Page 14044 • 1) Direct staff to work with the Coastal Commission, Dept. of Fish/Wildlife and other stakeholders to review options for pier fishing code revisions; 2) Direct staff to work with Heal the Bay and other community stakeholders throughout the South Bay to facilitate the initiation of an education and outreach program; 3) Provide direction regarding enforcement priorities for the pier; 4) Receive and file this report; and 5) Direct staff to return in September with an update on the Manhattan Beach Council meeting at which pier restrictions will be addressed. Motion Tucker, second Barragan. The motion carried by a unanimous vote. At 8:04 p.m., the order of the agenda moved to item 5a. (b) APPROVAL OF A "PILOT PARKING PROGRAM" INCORPORATING DEMAND PRICING RATES AND FREE PARKING TRIAL. Memorandum from Management Analyst Nico De Anda-Scaia dated July 15, 2014. Management Analyst De Anda-Scaia presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. David Lowe, Chamber of Commerce, gave a PowerPoint presentation, with assistance from Lori Ford, and responded to Council questions. Proposed Action: To approve the staff recommendation to (1) approve implementation of a 90 -day Pilot Parking Program, from September 15 to December 15, 2014, for free two-hour parking on 180 single-space street meters, Monday—Friday, 11 a.m. to 2 p.m.; and (2) authorize demand pricing 8 p.m. to 12 a.m. for the same period on pay -by -space meters in lots A, B and C, with an hourly rate increase pending approval of the Coastal Commission. Motion Petty. The motion died due to the lack of a second. Action: To: 1) Approve the implementation of a 90 -day Pilot Parking Program, from September 15 to December 15, 2014, for free two-hour parking on 180 single-space street meters, Monday—Friday, within the three-hour period of 11 a.m. to 2 p.m., with enforcement of meter posted time limits; 2) Authorize demand pricing on 180 single-space street meters for the four- hour period of 8 p.m. to 12 a.m. daily for the same duration as the Pilot Parking Program, increasing hourly meter rates between 25 and 50 cents, pending approval by the California Coastal Commission; and 3) Authorize demand pricing in lots A, B, and C for the six -hour period of 8 p.m. to 2 a.m. daily for the same duration as the Pilot Parking Program, increasing hourly rates between 25 to 50 cents, pending approval by the California Coastal Commission. Motion Barragan, second Tucker. The motion carried by a unanimous vote. At 9:28 p.m, the meeting recessed. City Council Minutes 07-29-14 Page 14045 • At 9:42 p.m., the meeting reconvened. (c) CONSIDERATION OF REQUEST BY STRAND AND PIER HOLDING COMPANY, LLC TO STUDY USE AND INCLUSION OF CITY PROPERTY IN A DEVELOPMENT APPLICATION FOR A HOTEL PROJECT, AND POSSIBLE DIRECTION REGARDING THE DOWNTOWN CORE REVITALIZATION STRATEGY OR RELATED MATTERS. Memorandum from Community Development Director Ken Robertson dated July 24, 2014. Supplemental email from Howard Longacre dated July 27, 2014. Supplemental parking map dated July 29, 2014. Senior Planner Pam Townsend presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Mark Bolour, Balour and Associates CEO, and Dana Sayles, three6ixty AICP, came forward to address their request and respond to Council questions. Coming forward to address the Council on this item were: Dave Lowe Dency Nelson Ron Newman Mayor DiVirgilio and Councilmembers Barragan, Fangary and Petty disclosed ex parte communications. Action: To approve the staff recommendation to: 1) Grant consent to include Parking Lot B and Beach Drive in a development application as stated herein; and 2) Direct staff to return for discussion and possible adoption of the Downtown Core Revitalization Strategy including guidelines for catalyst projects. Motion Petty, second Fangary. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE 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 Nick Fagnano, on Tuesday, July 29, 2014, at the hour of 11:46 p.m. to the Adjourned Regular meeting (Study Session on Pier Plaza Use and Enforcement) on Tuesday, August 26, 2014 at 5 p.m. e_ City Clerk Deputy City Clerk ty C.411it Minutes 07-29-14 Page 14046 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, August 26, 2014, at the hour of 5:00 p.m. for the purpose of conducting a study session. • PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None The meeting recessed at 5:14 p.m. due to technical issues with audio transmission. The meeting reconvened at 5:22 p.m. when the equipment problem was corrected. POLICY DISCUSSIONS: 1. LATE-NIGHT ALCOHOL BEVERAGE ESTABLISHMENTS ORDINANCE; FOOD TO ALCOHOL SALES RATIOS FOR RESTAURANTS WITH ON -SALE ALCOHOL; CONDITIONAL USE PERMIT REVIEW PROCESS. Memorandum from Community Development Director Ken Robertson dated August 20, 2014. Supplemental memoranda from Director Robertson dated August 25, 2014 and August 26, 2014. Supplemental summary of 50/50 Audit from Councilmember Barragan received August 25, 2014. City Manager Bakaly said the study session is intended to allow the Council to have a broad policy discussion before addressing the matter later this evening during the regular meeting (agenda item 5.a.). Director Robertson presented the staff report; spoke of the need for Council direction when the agenda item (5.a.) is considered at the regular meeting; and responded to Council questions. SheIli Margolin -Mayer, Economic Development Officer, addressed information about creating a Sociable City Plan, and responded to Council questions. Councilmember Fangary disclosed ex parte communications. It was the consensus of the Council to focus this evening on only this item, and all Councilmembers expressed their views on the topic. The three items shown below were not addressed. 2. OUTDOOR DINING ENCROACHMENTS ON PIER PLAZA. Supplemental memorandum from Community Development Director Ken Robertson dated August 25, 2014. • 3. RETAIL DISPLAY ENCROACHMENTS ON PIER PLAZA. Supplemental email from Dennis Jarvis received August 25, 2014. City Council Minutes 08-26-14 Page 14047 1 • • • • • 4. CODE ENFORCEMENT. Supplemental summary from Councilmember Barragan received August 25, 2014. Supplemental memorandum from Community Development Director Robertson received August 26, 2014. PUBLIC COMMENT: Coming forward to address the Council at this time was: David Lowe — submitted information on the 50/50 (food -to -alcohol ratio) rule. ADJOURNMENT - The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned August 26, 2014, at the hour of 6:30 p.m. to the Regular meeting of the same date, scheduled to take place at 7 p.m. City Council Minutes 08-26-14 Page 14048 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 26, 2014, at the hour of 7:07 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Petty commended the Discovery Channel and producer/Hermosa resident Jake Pike for making the Fin Fest a success. Councilmember Barragan said the City was helping to facilitate a meeting between E&B Oil and the California Coastal Commission. PROCLAMATIONS/PRESENTATIONS SWEARING IN OF POLICE OFFICER ELAINA HASSAN Officer Hassan was introduced by Chief Papa and, with friends and family members in the audience, was sworn in by Mayor DiVirgilio. DONATION OF ARTWALK POSTERS TO CITY HALL Ken Klade, ArtWalk president, citing the support of many, presented the posters to the City for display at City Hall. He also said the event name has changed and is now the Hermosa Beach Fine Arts Festival to reflect its growth. LEADERSHIP HERMOSA BEACH PRESENTS THEIR ALUMNI PROJECT Ray Dussault, Suni Keeling and Darian Griffin, Leadership Hermosa, spoke of upcoming events, including the "Beach Ball" to take place November 8, 2014, at the Standing Room, at which the "emerging leadership award" will be presented. They then discussed their alumni project, which is the donation to the Hermosa Police and Fire departments of a large storage container for first responder supplies. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Martha Logan George Barks Scott Hebl City Council Minutes 08-26-14 Page 14049 • • Julian Katz, South Bay Bicycle Coalition President Bob Atkins (a) Letter from Hermosa Valley School student dated August 7, 2014 regarding moving Farmers Market to Wednesdays at Pier Plaza (list of students' signatures enclosed with letter not posted due to ages of students) and response letter from City Manager Tom Bakaly. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. (b) Letter from F.O. Huebscher dated August 9, 2014 regarding parking on sidewalks and response letter from Lieutenant Tom Thompson. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. (c) Letter from Laryssa Paresa dated August 12, 2014 regarding moving Farmers Market. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. (d) Letter from Chris Prenter dated August 13, 2014 regarding proposed change of Farmers Market location and time. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. (e) Letter from Susan Fuhs, David Fink, and John Wilson -Fink dated August 15, 2014 regarding opposition to easing the height limit or removing the easement for the proposed hotel on Pier Plaza. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. City Council Minutes 08-26-14 Page 14050 (f) Supplemental letter from Scott Hebl dated August 26, 2014 regarding • concerns about the Reissued Draft Health Impact Assessment for the proposed oil drilling and production proiect. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: (a) Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Tucker, 2(h) Fangary. Motion Petty, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on March 7, 2014; 2) Minutes of the Adjourned Regular meeting held on March 8, 2014; 3) Minutes of the Regular meeting held on March 11, 2014; and 4) Minutes of the Regular meeting held on March 25, 2014. Action: To approve as presented the minutes of the City Council's Adjourned Regular Meeting of March 7, 2014; Adjourned Regular meeting of March 8, 2014; Regular meeting of March 11, 2014; and Regular Meeting of March 25, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) July 14, 2014 (Check no. 74496) 2) July 17, 2014 (Check nos. 623, 74497 through 74576, and 7172014) 3) July 28, 2014 (Check nos. 74577 through 74653, 291110396 and 322310077) 4) July 31, 2014 (Check nos. 74654 through 74704, 340617, 681736, 682821, 682877, 683331, 683367 and 1475320295) 5) August 7, 2014 (Check nos. 74705 through 74774, and 8052014); and 6) August 14, 2014 (Check nos. 74775 through 74832, and 14842016, and CANCELLATION of check no. 74093) Action: To ratify the check registers as presented, and approve the check cancellation recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. City Council Minutes 08-26-14 Page 14051 • • Action: To receive and file tentative future agenda items. (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2014 AND JULY 2014 FINANCIAL REPORTS: JUNE 2014: 1) Revenue and Expenditure Report; 2) Cash Balances Report; and 3) City Treasurer's Report. JULY 2014: 1) Revenue and Expenditure Report; 2) Cash Balances Report; and 3) City Treasurer's Report Action: To receive and file the June 2014 and July 2014 Revenue and Expenditure Reports, Cash Balances Reports, and City Treasurer's Reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 19, 2014. This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting. Community Development Director Robertson and City Attorney Jenkins responded to Council questions. Action: To assume jurisdiction, for Council review and reconsideration, of the following items from the August 19, 2014 Planning Commission meeting: • Item 7: Amendment to General Plan Land Use Map from Commercial Corridor to Medium Density Residential, Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map for a seven -unit condominium at 1818, 1830 & 1834 Pacific Coast Highway. Proposed by Tucker, supported by Mayor DiVirgilio; • Item 12: Determination that elevation points at the top of the retaining wall reflect the natural grade for building height calculation purposes for a proposed single family residence at 2240 Hermosa Avenue. Proposed by Tucker, supported by Barragan; and • Item 13: Determination that the site is a convex sloping lot and interpolates points on the top of the slope rather than property corner elevations for measuring building heights for a proposed single family residence at 337 Longfellow Avenue. Proposed by Tucker, supported by Barragan. Final Action: By consensus, the Council received and filed the action minutes of the Planning Commission meeting of August 19, 2014 (noting the action taken above). City Council Minutes 08-26-14 Page 14052 (f) (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated August 12, 2014. CLAIMANT: DATE OF LOSS: DATE FILED: ALLEGATION: STAFFORD, DAMIEN 07-29-14 08-05-14 PROPERTY DAMAGE Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO ADMINSURE, INC. FOR THIRD -PARTY WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES, AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Assistant to the City Manager Diane Strickfaden dated August 20, 2014. Action: To approve the staff recommendation to: 1) Award Professional Services Agreement to Adminsure, Inc. for third -party workers' compensation claims administration services; and 2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney. (h) RECOMMENDATION TO ACCEPT THE BID FOR TOWING AND STORAGE SERVICES, AWARD THE BID TO FRANK SCOTTO TOWING, AND AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH FRANK SCOTTO TOWING FOR THESE SERVICES. Memorandum from Police Chief Sharon Papa dated August 20, 2014. (i) • This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting, but was subsequently continued to the September 9, 2014 meeting. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF THE FOLLOWING VEHICLES FOR THE POLICE DEPARTMENT AND TO AUTHORIZE THE APPROPRIATION OF AN ADDITIONAL $21,685.57 FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from Police Chief Sharon Papa dated August 7, 2014. • One (1) 2014 Ford Police Interceptor Utility (painted black and white) to replace existing 2008 Ford Crown Victoria Police Interceptor City Council Minutes 08-26-14 Page 14053 • • • Three (3) 2015 Ford Fusion Hybrid administrative sedans to replace existing 2002, 2004 and 2007 Ford Crown Victoria administrative sedans Action: To approve the staff recommendation to: 1) Authorize the purchase of the four above -noted vehicles; and 2) Authorize the appropriation of an additional $21,685.57 from the Equipment Replacement Fund. (j) RECOMMENDATION TO: 1) AWARD THE CONSTRUCTION CONTRACT FOR CIP NO. 12-153 FIRE DEPARTMENT HYBRID BEACON PROJECT TO MACADEE ELECTRICAL CONSTRUCTION FROM THE CITY OF CHINO, CALIFORNIA IN THE AMOUNT OF $69,969.00; 2) REJECT STEINY AND COMPANY'S BID PURSUANT TO PUBLIC CONTRACT CODE 5105; 3) RE -APPROPRIATE $13,375.00 THAT WAS NOT CARRIED OVER FROM FY 13/14 CIP NO. 12-153 BALANCE TO THE FY 14/15 BUDGET; 4) AUTHORIZE THE TRANSFER OF $11,191.00 FROM ACCOUNT NUMBER CIP NO. 12-143 PCH -AVIATION BEAUTIFICATION PROJECT ACCOUNT 001-8143-4201 TO THE PROJECT CIP NO. 12- 153 FIRE STATION TRAFFIC SIGNAL PROJECT ACCOUNT NUMBER 001-8153-4201; 5) AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; 6) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET; AND 7) ADOPT THE ATTACHED RESOLUTION ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 12-153 FIRE DEPARTMENT HYBRID BEACON PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT." Memorandum from Consultant Eric Charlonne dated August 6, 2014. Supplemental information from Fire Chief David Lantzer dated August 25, 2014. Action: To approve the staff recommendation to: 1) Award the Construction Contract for CIP No. 12-153 Fire Department Hybrid Beacon Project to Macadee Electrical Construction from Chino, California in the amount of $69,969.00; 2) Reject Steiny and Company's bid pursuant to Public Contract Code 5105; 3) Re -Appropriate $13,375.00 that was not carried over from FY 13/14 CIP No. 12-153 balance to the FY 13/14 Budget; 4) Authorize the transfer of $11,191.00 from Account Number CIP No. 12- 143 PCH -Aviation Beautification Project Account 001-8143-4201 to the Project CIP No. 12-153 Fire Station Traffic Signal Project Account Number 001-8153-4201; City Council Minutes 08-26-14 Page 14054 • • 5) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 6) Authorize the Director of Public Works to make changes as necessary within the Project budget; and 7) Adopt Resolution No. 14-6912, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 12-153 FIRE DEPARTMENT HYBRID BEACON PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT." (k) RECOMMENDATION TO: 1) AWARD THE CONSTRUCTION CONTRACT FOR CIP NO. 11-602 CLARK FIELD AND CIP NO. 13-649 COMMUNITY CENTER ELECTRICAL UPGRADES TO GOLDEN SUN FIRM & COMPANY, INC. IN THE AMOUNT OF $98,515.00; 2) AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET; AND 4) ADOPT THE ATTACHED RESOLUTION ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 11-602 CLARK FIELD AND CIP NO. 13- 649 COMMUNITY CENTER ELECTRICAL UPGRADES PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT." Memorandum from Consultant Eric Charlonne dated August 18, 2014. Action: To approve the staff recommendation to: 1) Award the Construction Contract for CIP No. 11-602 Clark Field and CIP No. 13-649 Community Center Electrical Upgrades to Golden Sun Firm & Company, Inc. in the amount of $98,515.00; 2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 3) Authorize the Director of Public Works to make changes as necessary within the Project budget; and 4) Adopt Resolution No. 14-6913, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 11-602 CLARK FIELD AND CIP NO. 13-649 COMMUNITY CENTER ELECTRICAL UPGRADES PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT." • (I) RECOMMENDATION TO: 1) AWARD THE ATTACHED JANITORIAL SERVICES CONTRACT TO UNITED MAINTENANCE SYSTEMS FOR THE PERIOD BEGINNING City Council Minutes 08-26-14 Page 14055 • • • (m) SEPTEMBER 1, 2014 AND ENDING JUNE 30, 2017 FOR A CONTRACT IN THE AMOUNT OF $258,808.00; 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 CHANGES TO THE CONTRACT WITHIN THE BUDGET AMOUNT. Memorandum from Assistant to the City Manager Diane Strickfaden dated August 11, 2014. Action: To approve the staff recommendation to: 1) Award the Janitorial Services Contract to United Maintenance Systems for the period beginning September 1, 2014 and ending June 30, 2017 for a contract in the amount of $258,808.00; 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 changes to the contract within the budget amount. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Assistant to the City Manager/Interim Public Works Director Diane Strickfaden dated August 19, 2014. Action: To receive and file the Project Status Report giving the status of capital improvement projects that are either under design or construction as of July 31, 2014. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72454 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 117 BARNEY COURT. Memorandum from Community Development Director Ken Robertson dated August 18, 2014. Action: To adopt Resolution No. 14-6914, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72454, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM LOCATED AT 117 BARNEY COURT IN THE CITY OF HERMOSA BEACH, CALIFORNIA." At 7:43 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(e) and (h) were heard at this time but are shown in order for clarity. City Council Minutes 08-26-14 Page 14056 5. PUBLIC HEARINGS (a) REVIEW AND POSSIBLE DIRECTION REGARDING REGULATION, POLICY AND ENFORCEMENT OF ON -SALE ALCOHOL BEVERAGE ESTABLISHMENTS (GENERALLY, FOOD TO ALCOHOL SALES RATIOS, LIVE ENTERTAINMENT, LATE NIGHT ESTABLISHMENTS CONDITIONAL USE PERMIT REVIEW PROCESS); OUTDOOR DINING ENCROACHMENTS ON PIER PLAZA; RETAIL DISPLAY ENCROACHMENTS ON PIER PLAZA; AND CODE ENFORCEMENT. Memorandum from Community Development Director Ken Robertson dated August 20, 2014. The following supplemental information was received: memoranda from Director Robertson dated August 25 and August 26, 2014; summary from Councilmember Barragan received August 25, 2014; letter from Dennis Jarvis received August 25, 2014; letter from Sandy Saemann received August 26, 2014, along with additional information submitted at the meeting; and letter and attachments from David Lowe, that was submitted August 26, 2014 at the study session. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. At the request of Mayor DiVirgilio, Community Development Director Robertson summarized discussion from the Study Session. Councilmember Fangary disclosed ex parte communications. The public hearing opened at 8:03 p.m. Coming forward to address the Council on this item were: Dennis Jarvis Jeff Duclos Bob Atkins George Barks Ron Newman Sandy Saemann David Lowe, President of the Restaurant and Tavern Association Andrea Jacobsson The public hearing closed at 8:35 p.m. Each item was discussed individually and the outcomes are shown below. *Item 1— Late -Night Alcohol Beverage Establishments: Petty, Tucker and DiVirgilio supported (no actual motion) keeping, as is, the cap limiting the number of late-night full alcohol beverage establishments (Municipal Code Section 17.40.080.B.), and continuing to assess effects. City Council Minutes 08-26-14 Page 14057 *Item 2— Food to Alcohol Sales Ratios for Restaurants with On -Sale • Alcohol: • • Police Chief Papa, City Attorney Jenkins, and Building/Code Enforcement Official Bob Rollins responded to Council questions. Proposed Action: To direct staff to modify the Municipal Code to reflect the current practice of enforcing the "50-50 Rule" only on problem businesses and refine the definition of a restaurant to include how late the kitchen should stay open as it relates to a restaurant's closing time and present to the Planning Commission for review and recommendation. Motion Petty, second DiVirgilio. The motion was subsequently withdrawn. Proposed Action: To direct the Planning Commission to review the current definition of a restaurant in the Municipal Code and provide the Council with recommendations to make the definition more relevant/in-line with current dining trends. Motion Petty. The motion was subsequently withdrawn. Proposed Action: To modify the Municipal Code to reflect the City's current posture of enforcing the "50-50 Rule" only when other problems exist with a business, and to direct the Planning Commission to refine the definition of a restaurant in accordance with current dining trends and recommend how late a kitchen should stay open as it relates to a restaurant's closing time. Motion Petty, second Tucker. This motion was replaced by the following substitute motion. Substitute Action: To direct the Planning Commission to expand the Municipal Code definition of a restaurant to include other provisions including later kitchen hours, but to not remove the "50-50 Rule" from the definition. Motion Barragan, second Fangary. The motion carried 3-2, noting the dissenting votes of Petty and DiVirgilio. (Motion was reconsidered below.) Action: To reconsider (and thereby retract) the previous motion. Motion Tucker, second Petty. The motion carried 3-2, noting the dissenting votes of Fangary and Barragan. Proposed Action: To direct the Planning Commission to refine the definition of a restaurant to include how late the kitchen must stay open and keep the "50-50 Rule" in effect only for restaurants with conditional use permit (CUP) or other violations, with direction to staff to create a threshold over which the "50-50 Rule" would be enforced at a particular problem restaurant. Motion Tucker, second Petty. (The motion was subsequently amended.) Proposed Amendment: To amend the (proposed) motion by adding direction to staff to enforce all of the CUP conditions for all establishments. Motion Tucker. The motion died for lack of support. City Council Minutes 08-26-14 Page 14058 • • • Amendment: To amend the (proposed) motion on the floor by adding the requirement that staff enforce all provisions of each existing CUP. Motion Barragan, second Tucker. The motion carried 3-2, noting the dissenting votes of Petty and DiVirgilio. Final Action (restated main motion as amended): To direct the Planning Commission to refine the definition of a restaurant in accordance with current dining trends, including how late a kitchen should stay open as it relates to a restaurant's closing time, and modify the Municipal Code to reflect the City's current posture of enforcing the "50-50 Rule" only for problem businesses in violation of CUP provisions or other issues, thereby using the "50-50 Rule" as an enforcement tool, with direction to staff to enforce existing CUP provisions pursuant to each establishment's requirements. Motion Petty, second Tucker. The motion carried by a unanimous vote. At 10:19 p.m., the meeting recessed. At 10:34 p.m., the meeting reconvened. Due to the lateness of the hour, it was the Council consensus to continue to the next meeting: (1) Consent Calendar item 2(h), which had been removed for separate discussion; and (2) Municipal Matter item 6(a). At 10:39 p.m., the order of the agenda moved to item 6(a) to accept public comment. *Item 3—Conditional Use Permit Review Process for On -Sale Establishments Discussion included: > The possibility of adding to CUP Reviews any citations for underage drinking; > Elevation of importance of each CUP provision when there are violations; and > Discontinuation of City -initiated 50-50 Audits, with the exception of the ongoing audit of The Establishment. *Item 4—Outdoor Dining Encroachments on Pier Plaza Economic Development Officer Shelli Margolin -Mayer and Police Chief Papa responded to Council questions. Discussion included: > Queueing regulations; > Canopy/awning regulations; > Insurance requirements and cost to the City; > The need for staff to be sensitive to queueing at certain restaurants; > The possibility of a size limitation for hostess stands; > The possibility of uniform (in style and size) hostess stands for restaurants on Pier Plaza; City Council Minutes 08-26-14 Page 14059 • > Wind/sunscreen regulations; > Discretion as far as enforcement; and > The purpose and usefulness of bollards; *Item 5—Retail Display Encroachments on Pier Plaza Councilmembers Barragan and Fangary, and Mayor pro tem Tucker disclosed ex parte communications. City Attorney Jenkins responded to Council questions. Discussion included: > The need for more comprehensive study in this area; > Consideration of standardized outdoor retail displays for consistency; > A 10 foot encroachment vs. 13 foot; > The possibility of not charging rent for at least the first year (while still requiring insurance payment); and > Consideration of a grace period for certain fees. *Item 6—Code Enforcement Discussion included: > Complaints from business owners about receiving citations for minor violations; > Issuance of warnings instead of citations in some situations; and > Consideration of dividers on benches to prevent people from sleeping on them. 6. MUNICIPAL MATTERS (a) AWARD THE DOWNTOWN PUBLIC SAFETY CAMERA BID TO SIERRA GROUP; AUTHORIZE THE CITY MANAGER TO SIGN AGREEMENT WITH SIERRA GROUP TO INSTALL THE CAMERA SYSTEM; AND APPROPRIATE ADDITIONAL FUNDS TO COMPLETE THE CAMERA PROJECT. Memorandum from Police Chief Sharon Papa dated July 31, 2014. Supplemental email from Warren Barr dated August 21, 2014. Coming forward to address the Council on this item were: Warren Barr Bob Atkins Harold Cohn Sandy Saeman By consensus, this item was continued to the September 9, 2014 meeting. At 10:45 p.m., the order of the agenda returned to item 5(a), issue #3. City Council Minutes 08-26-14 Page 14060 (b) CONSIDERATION OF ADOPTION OF RESOLUTION DECLARING A DROUGHT EMERGENCY CONDITION AND IMPLEMENTING SPECIFIED LEVEL 3 CONSERVATION MEASURES, TOGETHER WITH SPECIFIED LEVEL 2 MEASURES, PURSUANT TO HERMOSA BEACH MUNICIPAL CODE CHAPTER 8.56. Memorandum from Community Development Director Ken Robertson dated August 22, 2014. Supplemental memorandum from Assistant to the City Manager/Interim Public Works Director Diane Strickfaden dated August 26, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 14-6915, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIAt DECLARING A DROUGHT EMERGENCY CONDITION AND IMPLEMENTING SPECIFIED LEVEL 3 CONSERVATION MEASURES, TOGETHER WITH SPECIFIED LEVEL 2 PROISIONS, PURSUANT TO HERMOSA BEACH MUNICIPAL CODE CHAPTER 8.56." Motion Petty, second Barragan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) STATUS REPORT ON STRATEGIC PLAN REVISED ACTION AGENDA. Memorandum from Management Analyst Nico De Anda-Scaia dated August 19, 2014. 8. (a) City Manager Bakaly presented the staff report and responded to Council questions. Action: To receive and file the Revised Action Agenda submitted by staff. Motion Barragan, second Tucker. The motion carried by a unanimous vote. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL VACANCIES — BOARDS AND COMMISSIONS: UPCOMING EXPIRATION OF TERMS ON THE PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated August 13, 2014. 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, 2014. Motion Tucker, second Petty. The motion carried by a unanimous vote. City Council Minutes 08-26-14 Page 14061 • 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Theresia Hafner, on Wednesday, August 27, 2014, at the hour of 12:44 a.m. to the Adjourned Regular meeting of Monday, September 8, 2014 to be held at 7 p.m. Deputy City Clerk City Council Minutes 08-26-14 Page 14062 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Monday, September 8, 2014, at the hour of 7:09 p.m. • PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None PROCLAMATIONS/PRESENTATIONS RECOGNIZING SURF L.A. FOR THEIR VOLUNTEER WORK WITH CHILDREN Mayor DiVirgilio presented Certificates of Recognition to Patrick Murphy of Learn to Surf L.A., an organization which teaches surfing to blind children from the Los Angeles/Orange County Braille Institutes, and to Hermosa Beach resident Bob Amendola for his work with Learn to Surf L.A. Mr. Murphy read a letter written in Braille from one of the surf students who expressed his appreciation for the program. Mr. Amendola said the youngsters inspired him and he loved working with them. HERMOSA ARTS FOUNDATION DONATES $25,000 WORTH OF LIGHT/SOUND EQUIPMENT TO HERMOSA PLAYHOUSE Mayor DiVirgilio presented to Rick Koenig, Hermosa Arts Foundation President, a Certificate of Recognition acknowledging the $25,000 worth of items donated to the Hermosa Playhouse, including a 60" TV, state of the art light and sound boards and a generator for backup. City Attorney Jenkins responded to Council questions regarding tonight's agenda. Action: To table the item on tonight's agenda regarding a preliminary discussion on the option of including an additional ballot measure to raise taxes should the oil ballot measure fail. Motion Barragan, second Tucker. The motion carried, noting the dissenting votes of Petty and DiVirgilio. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Dency Nelson George Hardesty City Council Minutes 09-08-14 Page 14063 • • Jim Sullivan Sheryl Main Brad Pautscm Ray Dussault Scott Hebl George Schmeltzer MUNICIPAL MATTER (a) STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT; PRESENTATION ON REVISED HEALTH IMPACT ASSESSMENT; POSSIBLE DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT; AMEND THE CONTRACT WITH STOEL RIVES BY AUTHORIZING AN ADDITIONAL $50,000 FOR CONSULTATION SERVICES; PROVIDE DIRECTION ON THE OIL BALLOT MEASURE LANGUAGE AND PRELIMINARY DISCUSSION REGARDING THE OPTION OF AN ADDITIONAL BALLOT MEASURE TO RAISE TAXES SHOULD THE OIL BALLOT MEASURE FAIL; PROVIDE DIRECTION TO STAFF REGARDING UPCOMING MEETINGS WITH OUTSIDE AGENCIES AND E&B; AND/OR PROVIDE DIRECTION ON OTHER MATTERS CONCERNING THE PROJECT. Memorandum from Community Development Director Ken Robertson dated September 3, 2014. Community Development Director Robertson presented the staff report and responded to Council questions, noting there would be another meeting like this on September 30 and a public hearing on October 14. Dr. Mary McDaniel, as principal author of the Health Impact Assessment (HIA), along with Dr. Chris 011son and Kathleen Souweine, provided a slide presentation regarding the re -issued draft HIA and responded to Council questions. City Manager Bakaly, City Attorney Jenkins, and Mike Mills, Stoel Rives, LLP oil and gas attorney, responded to Council questions. Proposed Action: To make the draft Cost Benefit Analysis, a work in progress, available to any Councilmember who wishes to view it privately. Motion Barragan, second Fangary. The motion failed, noting the dissenting votes of Petty, Tucker and Mayor DiVirgilio. Proposed Action: To appropriate an additional $50,000 to Mike Mills, Stoel Rives, LLP oil and gas attorney. Motion Fangary, second Tucker. The motion, as amended, is shown below. Action: To appropriate an additional $75,000, with a total cap of $200,000, to Mike Mills, Stoel Rives, LLP oil and gas attorney. Motion Tucker, second Fangary. The motion carried unanimously. City Council Minutes 09-08-14 Page 14064 a • • • • Regarding the Cost Benefits Analysis, Council directed the City Manager, by consensus, to obtain a decision from the State Lands Commission regarding the timing of its feedback and to reschedule the Council's next discussion to a later date if information is not received from the State Lands Commission by the end of the current week. A discussion of the Development Agreement included the following Council direction regarding E&B's proposed public benefits listed in the staff report: > Remove proposed public benefits (a) — the City's expenditure of oil revenues, and (b) — supplemental school funding; > Continue the work in progress on (c) — remedial action/soil cleanup at City Yard; > Continue the work in progress on (d) — temporary/permanent relocation of City Yard, with actual relocation cost to be determined; > Continue the work in progress on (e) — timing of revenue; > Continue the work in progress on (f) - matching funds to achieve City goals; and > Obtain specificity on the meaning of (g) — benefits to nearby property owners, noting staff would propose the framework. The meeting recessed at 9:54 p.m. The meeting reconvened at 10:06 p.m. Proposed Action: To direct staff to not attend the Coastal Commission meeting with E&B. Motion Barragan, second Tucker. The motion failed with the dissenting votes of Petty, Fangary and Mayor DiVirgilio. ADJOURNMENT — The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned on Monday September 8, 2014, at the hour of 11:13 p.m. to an Adjourned Regular Meeting on Tuesday, September 9, 2014, at 5 p.m. for the purpose of conducting a Closed Session, followed by a Study Session/Events Policy Discussion at 6 p.m., and the Regular City Council meeting at 7 p.m. City Council Minutes 09-08-14 Page 14065 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL . of the City of Hermosa Beach, California, held on Tuesday, September 9, 2014, at the hour of 5:00 p.m. • ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: APPROVAL OF MINUTES: Closed Session meeting held on May 27, 2014. 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. 1. Existing Litigation: Government Code Section 54956.9(d)(1) a) Name of Case: Chas Curtis v. City of Hermosa Beach, et al Los Angeles County Superior Court, Case Number: BC525796 b) Name of Case: Sameh Saad v. City of Hermosa Beach United States District Court, Case Number: CV14-3734 2. Existing Litigation: Government Code Section 54956.9(d)(1) a) Name of Case: James Loutzenhiser v. City of Hermosa Beach WCAB Numbers: ADJ8741409; ADJ8741729 b) Name of Case: Anthony Parente v. City of Hermosa Beach WCAB Numbers: ADJ6711690; ADJ6711650; ADJ7464880 c) Name of Case: Henry Tubbs v. City of Hermosa Beach WCAB Number: ADJ7921346 ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 2014, at the hour of 5:01 p.m., to a closed session. City Council Minutes 09-09-14 Page 14066 RECONVENE TO OPEN SESSION — At the hour of 5:59 p.m., the Closed Session • adjourned back to Open Session. • • ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 2014, at the hour of 6:00 p.m. to the Regular Meeting of the same date, starting with a study session scheduled to begin at 6:00 p.m. City Council Minutes 09-09-14 Page 14067 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 9, 2014, at the hour of 6:05 p.m. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None STUDY SESSION It was the consensus of the Council to bring back any items not discussed this evening. Assistant to the City Manager Diane Strickfaden presented the staff report. SPECIAL EVENTS POLICY DISCUSSION: 1. TYPES OF EVENTS • How does the Council recommend processing event applications that promote alcohol or other adult activities? Council discussion ensued. No action was taken. The remaining topics (listed below) were not discussed this evening. • Does the Council wish to approve/allow only special events that qualify as "family friendly"? 2. QUANTITY OF EVENTS • Does the Council wish to limit the number of total special events that can be scheduled in a year? 3. SIZE OF EVENTS • Does the Council wish to place a limit on the number of events based on size/category? 4. LEVEL OF OVERSIGHT • Does the Council desire to approve each event individually or delegate these duties to staff and the Parks and Recreation Commission? 5. RELATIONSHIP TO GENERAL PLAN/LCP PROCESS • Does Council intend the direction provided today to serve as its definitive policy or more of an interim policy which may or should be revisited/ confirmed revisited/confirmed as part of the future General Plan/Local Coastal Plan (LCP) update process? City Council Minutes 09-09-14 Page 14068 • • • PUBLIC COMMENT: Coming forward to address the Council at this time were: Ray Dussault Dorothy Forba No name given At 6:50 p.m. the meeting recessed. At 7:07 p.m. the meeting reconvened. PLEDGE OF ALLEGIANCE — Mayor DiVirgilio ROLL CALL: Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments were received before the closed session, no items were added to the agenda, and no reportable actions were taken. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE Memorandum from City Clerk Elaine Doerfling dated September 2, 2014. A. Designate Mayor for a term ending Tuesday, June 23, 2015. Action: To appoint Mayor Pro Tempore Tucker to be Mayor for a term ending June 23, 2014. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending Tuesday, June 23, 2015. Action: To appoint Councilmember Barragan to be Mayor Pro Tempore for a term ending Tuesday, June 23, 2015. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Tucker as delegate to both the Los Angeles County City Selection Committee and the South Bay Cities Sanitation District Board of Directors,. with Mayor pro tem Barragan as alternate to the latter, and to continue the remaining appointments to the next meeting. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. OUTGOING COMMENTS BY MAYOR DIVIRGILIO — Outgoing Mayor DiVirgilio said it had been an honor to serve as mayor, thanked his fellow Councilmembers, staff and his City Council Minutes 09-09-14 Page 14069 family. He cited several accomplishments the Council had made during his tenure, and . said he was pleased to pass the gavel on to incoming Mayor Tucker. PRESENTATION OF PLAQUE TO OUTGOING MAYOR DIVIRGILIO BY MAYOR TUCKER — Mayor Tucker thanked outgoing Mayor DiVirgilio for his excellent leadership and said he was proud to serve with him. He then presented a plaque of appreciation to outgoing Mayor DiVirgilio. INCOMING COMMENTS BY MAYOR TUCKER — Mayor Tucker thanked his wife for her support and the Council for the privilege of serving as mayor. He then cited several issues to be tackled during his tenure, and encouraged continued civic engagement and participation. COMMENTS FROM COUNCILMEMBERS — Councilmember Fangary said outgoing Mayor DiVirgilio had been very helpful and a good sounding board and thanked him for his assistance. Councilmember Petty said outgoing Mayor DiVirgilio was a good listener who truly cared. She then said she looks forward to Mayor Tucker's term as he brings wisdom and experience. Councilmember Barragan thanked outgoing Mayor DiVirgilio for his leadership and for reaching out to her after she got elected, adding that she looked forward to Mayor • Tucker's term. In response to a Council question, City Manager Bakaly said on September 11 the State Lands Commission would meet to decide whether or not to provide an opinion on the proposed oil project Cost Benefit Analysis. ANNOUNCEMENTS — Councilmember Fangary spoke of his attendance at last week's League of California Cities (LCC) annual conference. Councilmembers Petty, Barragan and Tucker said they also attended the LCC event. Councilmember Tucker announced that a branch of Torrance Memorial Hospital will be opening soon at 705 Pier Avenue in Hermosa. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Don Gould, Acting Hermosa Beach Library Manager Regina Ochoa, Children's Librarian Ray Dussault Brian Fife Sal Longo Eric Foster City Council Minutes 09-09-14 Page 14070 Barbara Ellman David Lowe Mikey Jerome Dorothy Forba John Bowler Tony Perez Mike Judd Jack Levy Name indistinct George Barks Dr. Collins, former Loreto mayor/councilmember Nathan Turkel Mary McDonnell JD Wilcox Mark Sonners 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) and (h) Fangary. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. i (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: • 1) Minutes of the Adjourned Regular meeting held on April 2, 2014; and 2) Minutes of the Regular meeting held on April 8, 2014. Action: To approve as presented the minutes of the City Council's Adjourned Regular meeting of April 2, 2014 and Regular meeting of April 8, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTER, AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) August 19, 2014 (Check no. 74833) 2) August 21, 2014 (Check nos. 74834 through 74908, 1483450, 8202014 and 14821591) 3) August 28, 2014 (Check nos. 74909 through 74998, 402359, 402517, 584936, 584964, 997715, 148274512, 148361585 and 1485807144; and cancellation of check nos. 74878 and 74951) Action: To ratify the check registers and approve the cancellation of certain checks, as recommended by the City Treasurer. City Council Minutes 09-09-14 Page 14071 • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items. (d) RECOMMENDATION TO APPROVE A THREE-YEAR CONTRACT FOR LEGAL PUBLICATIONS WITH THE EASY READER NEWSPAPER. Memorandum from City Clerk Elaine Doerfling dated September 3, 2014. Action: To approve a three-year contract for legal publications with the Easy Reader newspaper, as recommended by the City Clerk. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 16, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file the action minutes of the Public Works Commission meeting of July 16, 2014. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 5, 2014. (g) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 5, 2014. RECOMMENDATION TO APPROVE THE REQUEST FOR A DISABLED PARKING SPACE AT 218 28TH STREET. Memorandum from Interim Public Works Director Diane Strickfaden dated August 6, 2014. Supplemental memorandum from Interim Director Strickfaden dated September 9, 2014. Action: To approve the request for a disabled parking space at 218 28th Street, as recommended by staff. (h) RECOMMENDATION TO ACCEPT THE BID FOR TOWING AND STORAGE SERVICES, AWARD THE BID TO FRANK SCOTTO TOWING, AND AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH FRANK SCOTTO TOWING FOR THESE SERVICES. (Continued from meeting of August 26, 2014) Memorandum from Police Chief Sharon Papa dated August 20, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. City Council Minutes 09-09-14 Page 14072 • Chief Papa responded to Council questions. (i) U) Action: To approve the staff recommendation to: 1) Accept the bid for towing and storage services; 2) Award the bid to Frank Scotto Towing; and 3) Authorize the Mayor to enter into a contract with Frank Scotto Towing for these services. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. CONSIDERATION OF ADOPTION OF RESOLUTION TO PARTICIPATE IN THE STUDY OF FEASIBILITY OF COMMUNITY CHOICE AGGREGATION FOR THE CITY OF HERMOSA BEACH. Memorandum from Community Development Director Ken Robertson dated September 3, 2014. Action: To adopt Resolution No. 14-6916, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PARTICIPATE IN THE STUDY OF FEASIBILITY OF COMMUNITY CHOICE AGGREGATION FOR THE CITY OF HERMOSA BEACH." RECOMMENDATION TO RECEIVE AND FILE THE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated September 2, 2014. Action: To receive and file the report of customer service surveys/complaints. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e) and (h) were heard at this time but are shown in order for clarity. 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS (a) AWARD THE DOWNTOWN PUBLIC SAFETY CAMERA BID TO SIERRA GROUP; AUTHORIZE THE CITY MANAGER TO SIGN AGREEMENT WITH SIERRA GROUP TO INSTALL THE CAMERA SYSTEM; AND APPROPRIATE ADDITIONAL FUNDS TO COMPLETE THE CAMERA PROJECT. (Continued from meeting of August 26, 2014) Memorandum from Police Chief Sharon Papa dated July 31, 2014. Supplemental press release sent out by the Hermosa Beach Police Department dated September 7, 2014. Supplemental email from Peggy Barr dated August 29, 2014. City Council Minutes 09-09-14 Page 14073 • • Police Chief Papa presented the staff report and responded to Council questions. City Manager Bakaly, City Attorney Jenkins and Lieutenant Tom Thompson also responded to Council questions. Coming forward to address the Council on this item were: JD Wilcox John Bowler David Lowe Tracy Hopkins, Emergency Preparedness Advisory Commission Ken Hartley Proposed Action: To approve the staff recommendation to: 1) Award the Downtown Public Safety Camera bid to Sierra Group; 2) Authorize the City Manager to sign an agreement with Sierra Group to install a security camera system downtown; and to incorporate into the camera system an additional camera in Pier Plaza as discussed tonight. Motion Fangary, second Mayor Tucker. Substitute Proposed Action: To continue the matter for 30 days and direct staff to return with the feasibility of a fiber optics option and an option to limit cameras to the Lot B parking structure, bathroom areas and Pier Plaza; and to keep existing bids open. Motion Barragan. The motion died for lack of a second. The main proposed motion (above) failed, due to the dissenting votes of Barragan, DiVirgilio and Petty. Proposed Action: To continue this item and direct that it be brought back at the discretion of the City Manager (but no later than 60 days) with answers to Council concerns about policy and technology; and to keep existing bids open. Motion Barragan, second Fangary. The motion failed, due to the dissenting votes of DiVirgilio, Petty and Mayor Tucker. Proposed Action: To approve cameras only on Pier Plaza and direct Chief Papa to return with answers to questions about a fiber optics option. Motion Barragan. The motion died for lack of a second. Proposed Action: To give tentative approval of the staff recommendations (with the exception of cameras on Hermosa Avenue and Pier Plaza), incorporating Council feedback on fiber optics and policy. Motion DiVirgilio, second Petty. The motion was replaced by the following substitute motion and then subsequently withdrawn. Proposed Substitute Action: To award the bid as recommended by staff, but with the deletion of cameras on Hermosa Avenue. City Council Minutes 09-09-14 Page 14074 • Motion Fangary, second Barragan. The second was subsequently withdrawn and replaced by Tucker, but the motion failed due to the dissenting votes of Barragan, DiVirgilio and Petty. Action: To continue the matter and direct staff to return with information on fiber optics technology and the policy issues addressed tonight, at a future meeting within 60 days. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. The meeting recessed at 10:22 p.m. The meeting reconvened at 10:37 p.m. (b) CITY PROSECUTOR SERVICES. Memorandum from Police Chief Sharon Papa dated August 28, 2014. Supplemental memorandum from City Manager Bakaly dated September 8, 2014 (revised September 9, 2014). City Attorney Jenkins recused himself and left the dais and the room at 10:38 p.m., since he had submitted a proposal. City Manager Bakaly presented the staff report and responded to Council questions. Michael Webb, City Prosecutor Services candidate, was invited forward to • respond to Council questions. Coming forward to address the Council on this item were: Dorothy Forba, ProjectTouch Executive Director Ken Hartley (on behalf of George Barks, who was no longer present) Action: To approve the staff recommendation to: 1) Appoint the Redondo Beach City Attorney, Michael W. Webb, to provide City Prosecutor services; and 2) Authorize the City Manager to sign an agreement with Redondo Beach for Michael W. Webb to provide City Prosecutor services to the City of Hermosa Beach. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. City Attorney Jenkins returned to the dais at 10:59 p.m. (c) ACCEPTANCE OF DONATION OF $110,000 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE FOR REFURBISHMENT OF THE CHALLENGER SHUTTLE/GREG JARVIS MEMORIAL, PCH/AVIATION IMPROVEMENT PROJECT, AND REPLACEMENT OF THE PCH/PIER MARQUEE WITH AN ELECTRONIC SIGN; ACKNOWLEDGEMENT OF $54,000 TOWARD THE ECONOMIC DEVELOPMENT POSITION OVER TWO BUDGET City Council Minutes 09-09-14 Page 14075 • • YEARS. Memorandum from Economic Development Officer SheIli Margolin - Mayer and Finance Director Viki Copeland dated September 4, 2014. Economic Development Officer Margolin -Mayer presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Ken Hartley, Hermosa Chamber of Commerce Chairman David Lowe, Chamber member Dorothy Forba Action: To approve the staff recommendation to: 1) Contingent upon final project approval by City Council in the future, accept a total of $100,000 toward: • PCH/Aviation Improvement Project ($50,000) • Replacing the marquee on Pacific Coast Highway and Pier Avenue with a new electronic sign ($50,000) 2) Acknowledge the 2014/15 donation toward the Economic Development position: • $24,000 2014-15 Budget • $30,000 2015-16 Budget Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. (d) POLICY DISCUSSION/DIRECTION/POSSIBLE ACCEPTANCE OF DOWNTOWN CORE REVITALIZATION STRATEGY AND GUIDELINES; REFERRAL TO STAFF/COMMISSIONS FOR INPUT ON PLAN COMPONENTS; AND DETERMINE THE ACTIVITY IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Memorandum from Community Development Director Ken Robertson dated September 2, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly, City Attorney Jenkins and Economic Development Officer Margolin -Mayer also responded to Council questions. Coming forward to address the Council on this item was: Sheryl Main Action: To approve the staff recommendation to: 1) Accept the Downtown Core Revitalization Strategy, including suggested changes to the text, and proposed Guidelines; 2) Refer the component programs to Staff and Commissions for input; 3) Determine the activity is Categorically Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15262; and City Council Minutes 09-09-14 Page 14076 • • • 4) Address the policy issues noted in the staff report, with consensus on issues 1, 2, 3, and 6, and with issues 4 and 5 continued for additional information and discussion. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (e) CONSIDERATION OF REQUEST BY OTO DEVELOPMENT TO INCLUDE CITY PROPERTY (PARKING LOT A, 11TH STREET/HERMOSA AVE) IN A DEVELOPMENT APPLICATION FOR A HOTEL PROJECT AT 11TH STREET/11TH COURT/BEACH DRIVE, AND DIRECTION TO WORK WITH DEVELOPER ON OTHER POTENTIAL USES/FACILITIES CONSISTENT WITH THE DOWNTOWN CORE REVITALIZATION STRATEGY. Memorandum from Community Development Director Ken Robertson dated September 3, 2014. Supplemental email from Howard Longacre dated September 9, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. Councilmember Fangary and Mayor pro tem Barragan disclosed ex parte communications. Coming forward to address the Council on this item was: Bob Healy Representatives from OTO Development (Todd Turner, Shaun Gilbert and Mike Gallen) were invited forward to address the Council and respond to Council questions. Action: To approve the staff recommendation to: 1) Grant consent to OTO Development to include a portion of Parking Lot A in a development application for a hotel project; 2) Direct the City Manager to consult with the developer regarding feasible scenarios and funding sources to accommodate hotel parking and other potential mixed uses and facilities in Parking Lot A so that the development will constitute a high quality catalyst project consistent with the Downtown Core Revitalization Strategy; and 3) Direct staff to return to Council with conceptual development scenarios for mixed uses on Lot A prior to filing of a development application by the developer. Motion Petty, second Mayor Tucker. The motion carried 4-1, noting the dissenting vote of Barragan. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) SOUTHERN CALIFORNIA EDISON ON -BILL FINANCING ENERGY EFFICIENCY PROJECT UPDATE. Memorandum from Interim Public Works Director Diane Strickfaden dated September 2, 2014. City Council Minutes 09-09-14 Page 14077 Action: To receive and file the report. • Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. • • 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL Mayor pro tem Barragan requested to agendize a discussion on sending out a Request for Proposals for City Attorney services approximately every five years. Mayor pro tem Barragan spoke to her request. Action: To direct staff to return with a preliminary report on agendizing a discussion about sending out a Request for Proposals for City Attorney services approximately every five years. Motion Barragan, supported by Fangary. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, September 10, 2014, at the hour of 1:28 a.m. to an Adjourned Regular Meeting on September 23, 2014 at 5 p.m. for a Sewer and Storm Water Fee and Funding Study Session, to be followed by the Regular City Council Meeting at 7 p.m. City Clerk Deputy City Clerk City Council Minutes 09-09-14 Page 14078 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 23, 2014, at the hour of 5:00 p.m. PLEDGE OF ALLEGIANCE — Ron Pizer ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None SEWER STUDY UPDATE AND STORM DRAINAGE FEE ANALYSIS PRESENTATION BY JEFF COOPER, PENCO ENGINEERING INC. Memorandum from Interim Public Works Director Diane Strickfaden dated September 18, 2014. Supplemental emails from Jeff Duclos received September 21, 2014. Supplemental emails from Michael Keegan, Jim Sullivan and Howard Longacre, all received September 22, 2014. City Manager Bakaly provided an overview of the sewer and storm drainage situation, said Council action was sought but not necessary. He and Public Works Associate Engineer Homayoun Behboodi responded to Council questions. Jeff Cooper, Penco Engineering, consultant, provided a slide presentation, noted the scope of work, explained the written protest hearing process pursuant to Proposition • 218 (one vote per parcel), showed sample calculations, cited the difference between the proposed residential and industrial fee formulas, said the fee would cover sewer operation, maintenance and capital improvements, and responded to Council questions. Council discussion ensued, but no action was taken this evening. PUBLIC COMMENT Coming forward to address the Council on this item were: Jose Bacallao Laura Pizer Mains George Barks ADJOURNMENT - The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 23, 2014, at the hour of 6:30 p.m. to the Regular meeting of the same date, scheduled to begin at 7:00 p.m. City Council Minutes 09-23-14 Page 14079 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 23, 2014, at the hour of 7:05 p.m. PLEDGE OF ALLEGIANCE — Robb Stroyke ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Petty thanked the Hermosa Chamber for its $100,000 donation to the City received at the previous meeting. Mayor Tucker announced Carson's fourth annual Veterans' Job Fair on October 3 from 9 a.m. to 2 p.m. at the StubHub Center. He asked that tonight's meeting be adjourned in memory of Finance Director Copeland's mother, Elsie Bowman. PROCLAMATIONS/PRESENTATIONS PRESENTATION BY PARTICIPANTS IN "THIS IS MY CITY" SUMMER CAMP 2014 Gila Katz and Howard Fishman made the presentation and invited each of the three student participants forward to share what they most enjoyed about their weeklong experience learning about their city. Mayor Tucker presented Certificates of Recognition and City pins to the participants SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) WORK PROGRAM PRESENTED BY JACK! BACHARACH Ms. Bacharach, SBCOG Board member, outlined the current work program, noting elements that the City of Hermosa Beach has utilized to benefit its residents. SOUTHBAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY PRESENTED BY DENISE DIPASQUALE Ms. DiPasquale, Program Analyst, presented a summary of current activities and program accomplishments related to employment and training services. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS . Coming forward to address the Council at this time were: Stacey Armato City Council Minutes 09-23-14 Page 14080 • A • Holly Maynes George Barks Jose Bacallao (a) Letter from Jesse Raynes dated September 11, 2014 regarding vehicles parked in the driveway and partially over -hanging on the sidewalk. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Fangary, 2(g) and 2(j) Barragan. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on April 14, 2014; 2) Adjourned Regular meeting held on April 21, 2014; 3) Regular meeting held on April 22, 2014; and 4) Adjourned Regular meeting held on April 30, 2014. Action: To approve as presented the minutes of the City Council's Adjourned Regular meeting of April 14, 2014; Adjourned Regular meeting of April 21, 2014; Regular meeting of April 22, 2014; and Adjourned Regular meeting of April 30, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS. 1) September 2, 2014 (Check no. 74999) 2) September 4, 2014 (Check nos. 75000 through 75083; 9042014 and 1494420571) 3) September 8, 2014 (Check no. 75084) 4) September 11, 2014 (Check nos. 75085 through 75173; and 14917346) Action: To ratify the check registers. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items. City Council Minutes 09-23-14 Page 14081 (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN NOWICKI REGARDING REVENUE AND EXPENDITURE REPORTS, THE CITY TREASURER'S REPORT, AND THE CASH BALANCE REPORT FOR AUGUST 2014. Action: To receive and file the memorandum from Finance Director Viki Copeland and City Treasurer Karen Nowicki regarding Revenue and Expenditure Reports, the City Treasurer's Report, and the Cash Balance Report for August 2014. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 2014. (f) (g) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was continued to the next meeting. RECOMMENDATION TO REJECT THE TWO BIDS RECEIVED FOR THE STREET BANNER INSTALLATION REQUEST FOR PROPOSALS (RFP); AND AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS. Memorandum from Interim Public Works Director Diane Strickfaden dated September 15, 2014. Action: To approve the staff recommendation to: 1) Reject the two bids received for the Street Banner Installation Request for Proposals (RFP); and 2) Authorize staff to re -advertise for bids. RECOMMENDATION TO AWARD THE ATTACHED PROFESSIONAL SERVICES AGREEMENT TO KATIE CASEY PUBLIC RELATIONS, FOR PUBLIC INFORMATION OFFICER SERVICES IN THE AMOUNT OF $72,000 PER YEAR FOR TWO YEARS WITH AN OPTION FOR TWO ADDITIONAL ONE-YEAR TERMS; AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Management Analyst Nico de Anda-Scaia dated September 9, 2014. Supplemental email from Lucy Maurer received September 22, 2014. This item was removed from the consent calendar by Mayor pro tem Barragan for separate discussion later in the meeting. This item was continued to the next meeting. (h) RECOMMENDATION TO REAPPROPRIATE AMOUNTS IN EXHIBIT A OF THE STAFF REPORT TO FY 2014-15 BUDGET AND APPROVE REVENUE City Council Minutes 09-23-14 Page 14082 • (I) a) REVISIONS IN EXHIBIT B OF THE STAFF REPORT RELATED TO THE REAPPROPRIATIONS. Memorandum from Finance Director Viki Copeland dated September 16, 2014. Supplemental memorandum from Accounting Supervisor Charlotte Newkirk dated September 23, 2014. Action: To re -appropriate the amounts shown in Exhibit A of the staff report to the FY 2014-15 Budget, and approve the revenue revisions shown in Exhibit B of the staff report related to the re -appropriations, as recommended by staff. RECOMMENDATION TO AWARD BID TO PUB CONSTRUCTION INC. TO REMOVE OLD CARPETING AND INSTALL NEW CARPET TILE AND BROADLOOM CARPET IN COUNCIL CHAMBERS IN THE AMOUNT OF $7,795; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AND TO APPROVE CHANGES NOT TO EXCEED 10% (CONTINGENCY) OF THE BID PROPOSAL. Memorandum from Interim Public Works Director Diane Strickfaden dated September 15, 2014. Action: To approve the staff recommendation to: 1) Award bid to Pub Construction Inc. to remove old carpeting and install new carpet tile and broadloom carpet in Council Chambers in the amount of $7,795; and 2) Authorize the Director of Public Works to issue the appropriate purchase documents and to approve changes not to exceed 10% (contingency) of the bid proposal. RECOMMENDATION TO ADOPT THE ATTACHED RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO SUBMIT A PROPOSED FRANCHISE FOR OIL AND GAS PIPELINES TO THE ELECTORATE RELATING TO A PROPOSED OIL AND GAS DRILLING AND PRODUCTION PROJECT PROPOSED BY E&B NATURAL RESOURCES MANAGEMENT CORPORATION FOR THE CITY MAINTENANCE YARD AT 555 6TH STREET AND SETTING A TIME TO RECEIVE ANY OBJECTIONS TO PLACING THE FRANCHISE BEFORE THE VOTERS FOR APPROVAL. Memorandum from City Attorney Mike Jenkins dated September 17, 2014. This item was removed from the consent calendar by Mayor pro tem Barragan (at the request of Stacey Armato) for separate discussion later in the meeting. City Attorney Jenkins presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. • Coming forward to address the Council on this item was: Craig Cadwallader, Surfrider Foundation, South Bay Chapter City Council Minutes 09-23-14 Page 14083 Action: To adopt Resolution No. 14-6921, entitled "A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO SUBMIT A PROPOSED FRANCHISE FOR OIL AND GAS PIPELINES TO THE ELECTORATE RELATING TO A PROPOSED OIL AND GAS DRILLING AND PRODUCTION PROJECT PROPOSED BY E&B NATURAL RESOURCES MANAGEMENT CORPORATION FOR THE CITY MAINTENANCE YARD AT 555 SIXTH STREET AND SETTING A TIME TO RECEIVE ANY OBJECTIONS TO PLACING THE FRANCHISE BEFORE THE VOTERS FOR APPROVAL." Motion DiVirgilio, second Fangary. The motion carried 4-1, noting the dissenting vote of Barragan. (k) RECOMMENDATION THAT COUNCIL EXPRESSES CONCERN OVER HELICOPTER NOISE AND SUPPORTS COLLABORATION BETWEEN LOCAL STAKEHOLDERS AND HELICOPTER OPERATORS PER H.R. 3547 AND DIRECTS THE CITY MANAGER TO PARTICIPATE IN THE COLLABORATION PROCESS WITH A REPORT BACK ON PROGRESS/OUTCOMES IN JANUARY 2015. Memorandum from Community Development Director Ken Robertson dated September 17, 2014. Supplemental Daily Breeze article submitted by Mayor Tucker on September 22, 2014. Action: To approve the staff recommendation to: 1) Express concern over helicopter noise; 2) Support collaboration between local stakeholders and helicopter operators per H.R. 3547; and 3) Direct the City Manager to participate in the collaboration process with a report back on progress/outcomes in January 2015. (I) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE GROUNDS MAINTENANCE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR MAINTENANCE OF THE LOS ANGELES COUNTY LIBRARY. Memorandum from Interim Public Works Director Diane Strickfaden dated September 11, 2014. (m) Action: To authorize the Mayor to execute the Grounds Maintenance Agreement with the County of Los Angeles for maintenance of the Los Angeles County Library, as recommended by staff. RECOMMENDATION TO APPROVE AN AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCALA) TO PERFORM SHELTER AND DEAD ANIMAL DISPOSAL SERVICES AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. Memorandum from Police Chief Sharon Papa dated August 14, 2014. Action: To approve the staff recommendation to: City Council Minutes 09-23-14 Page 14084 1) Approve an agreement between the City of Hermosa Beach and the Society for the Prevention of Cruelty to Animals (SPCALA) to perform shelter and dead animal disposal services; and 2) Authorize the City Manager to sign the Agreement. (n) RECOMMENDATION TO APPROVE AN AGREEMENT WITH QUANTUM CONSULTING TO PROVIDE PART-TIME TEMPORARY CITY ENGINEER SERVICES IN THE ABSENCE OF THE CITY ENGINEER FOR A NOT -TO - EXCEED AMOUNT OF $80,000. Memorandum from Interim Public Works Director Diane Strickfaden dated September 15, 2014. Action: To approve an agreement with Quantum Consulting to provide part- time temporary City Engineer Services in the absence of the City Engineer for a not -to -exceed amount of $80,000, as recommended by staff. (o) RECOMMENDATION TO RECEIVE AND FILE CIP PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Diane Strickfaden dated September 18, 2014. Action: To receive and file the report giving the status of capital improvements projects that are either under design or construction as of August 30, 2014, as recommended by staff. At 7:45 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(j) was heard at this time, and items 2(e) and (g) were continued to a future meeting, but all items 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) GENERAL PLAN LAND USE ELEMENT, LAND USE MAP AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND TEXT AMENDMENT FOR CONSISTENCY; REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION 14-17 APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP FOR A SEVEN -UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 1818 TO 1834 PACIFIC COAST HIGHWAY; AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Memorandum from Community Development Director Ken Robertson dated September 15, 2014. Supplemental Construction Plans from City Council Minutes 09-23-14 Page 14085 the applicant received September 22, 2014. Supplemental memorandum from Director Robertson dated September 23, 2014. Supplemental updated plans submitted September 23, 2014 by the applicant. Community Development Director Robertson presented the staff report and responded to . Council questions. City Attorney Jenkins also responded to Council questions. Councilmembers Barragan, Fangary and Petty each disclosed their ex parte communications. Elizabeth Srour, applicant representative, Otto Palmer (the applicant) of OP Construction, LLC, and Goitom Tekletsion of AGA Design Group Architect, were invited forward to present information and respond to Council questions. The public hearing opened at 8:37 p.m. Coming forward to address the Council on this item were: Shawn Scott Karen Higgins George Hash Stacy Sunquist Don Karasevicz Mike Walker Rob Stroyke The public hearing closed at 8:52 p.m. Action: To approve the staff recommendation to: 1) Adopt Resolution No. 14-6917, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT, LAND USE MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND TEXT FOR CONSISTENCY, AT 1818 TO 1834 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 26, 27 AND 28, BLOCK 1, JOHNSON AND NEWMAN'S CAMINO REAL TRACT AND LOT 5 OF TRACT 6054, CITY OF HERMOSA BEACH, CALIFORNIA, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; and 2) Adopt Resolution No. 14-6918, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP 72717 FOR A SEVEN -UNIT CONDOMINIUM PROJECT AT 1818 TO 1834 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 26, 27 AND 28, BLOCK 1, JOHNSON AND NEWMAN'S CAMINO REAL TRACT AND LOT 5 OF TRACT 6054, CITY OF HERMOSA BEACH, City Council Minutes 09-23-14 Page 14086 CALIFORNIA, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND SUPERSEDING PLANNING COMMISSION RESOLUTION 14-17." Motion Petty, second DiVirgilio. The motion carried 4-1, noting the dissenting vote of Tucker. (b) GENERAL PLAN LAND USE MAP AMENDMENT FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LD) AND AMENDMENT OF ZONING MAP LAND USE CLASSIFICATION FROM GENERAL COMMERCIAL (GC) TO SINGLE FAMILY RESIDENTIAL (R-1) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1222-1230 CORONA STREET. Memorandum from Community Development Director Ken Robertson dated September 15, 2014. Supplemental corrected exhibits to the draft City Council Resolution from Community Development Director Robertson submitted September 23, 2014. Community Development Director Robertson presented the staff report and supplemental handout that he distributed during this item, and responded to Council questions. The public hearing opened at 9:20 p.m. Coming forward to address the Council on this item was: Dana Derhake The public hearing closed at 9:21 p.m. Action: To approve the staff recommendation to adopt Resolution No. 14- 6919, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT, LAND USE MAP FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LD) AND ZONING MAP LAND USE CLASSIFICATION AMENDMENT FROM GENERAL COMMERICIAL (C-3) TO SINGLE FAMILY RESIDENTIAL (R-1) AT 1222 TO 1230 CORONA STREET, LEGALLY DESCRIBED AS LOT 42 AND THOSE PORTIONS OF LOTS 51 AND 52 LYING NW'LY OF NE PROLONGATION OF THE SE LINE OF LOT 45, AND LOT 45 NW'LY 3.02 FEET OF LOTS 46, 47 AND 48, HERMOSA HEIGHTS TRACT, CITY OF HERMOSA BEACH, CALIFORNIA, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION," with the corrected exhibits submitted this evening. Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. The meeting recessed at 9:25 p.m. The meeting reconvened at 9:35 p.m. 6. MUNICIPAL MATTERS 1111 (a) APPLICATION FOR CHAMBER OF COMMERCE TO HOST FARMERS' MARKET ON PIER PLAZA. Memorandum from Economic Development City Council Minutes 09-23-14 Page 14087 Officer Shelli Margolin -Mayer dated September 18, 2014. Supplemental email from Chris Miller received September 20, 2014. Supplemental email from Mary Campbell received September 21, 2014. Supplemental emails from Priscilla, Hammond and Rex Atwell, and Bill McGill and Mary Anne McCarthy received September 22, 2014. Supplemental responses to Council questions from Officer Margolin -Mayer dated September 22, 2014. Supplemental petition dated September 22, 2014. Supplemental Community Dialogue Decision -Making Tool Score dated September 22, 2014. Additional supplemental Community Dialogue Decision -Making Tool Score, also dated September 22, 2014. Supplemental emails from Jeanette Oka and Joan Arias, both dated September 23, 2014. Assistant to the City Manager Diane Strickfaden presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Lori Ford Paula Masui Vicki Garcia Sheryl Main Rick Sowers Dency Nelson Jackie Tagliaferro Manny Serrano Norm Potter Gila Katz Doug Howarth Brent Buchsbaum Glen Payne George Barks Chris Miller Jim Weiss Travers Devine, Hermosa Rotary Club David Lowe Victor Silva June Pulcini Marvin May Action: To approve the Parks and Recreation Commission recommendation to approve the Chamber of Commerce application to host a Farmers' Market on Pier Plaza every Wednesday and approve of the continuation of the existing Farmers' Market on Fridays on 11th Street and Valley Drive for a one-year trial period. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. • (b) APPROVE THREE-YEAR CONTRACT FOR MONTHLY ELEVATOR MAINTENANCE AND INSPECTION AT CITY HALL AND REVIEW City Council Minutes 09-23-14 Page 14088 • • OPTIONS FOR PARKING STRUCTURE ELEVATOR. Memorandum from Interim Public Works Director Diane Strickfaden dated September 15, 2014. Interim Public Works Director Strickfaden presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. No one came forward to address the Council on this item. Proposed Action: To approve the staff recommendation to: 1) Approve the three-year service contract with Ascent Elevator Services in the amount of $1,632 for FY 14-15, $1,680 for FY 15-16, and $1,728 for FY 16-17 for the maintenance of the City Hall Elevator; 2) Authorize the Mayor to execute and the City Clerk to attest the elevator services contract for the City Hall Elevator subject to approval by the City Attorney; and 3) Direct staff to pursue option B, to close the elevator completely and relocate/restripe the handicap parking to the first floor, at the estimated cost of $6,000 for elevator abandonment. Motion DiVirgilio, second Tucker. Councilmember DiVirgilio subsequently withdrew his motion. Action: To approve the staff recommendation for continued maintenance of the City Hall elevator, along with option C for continued maintenance of the Parking Structure elevator, as specified below to: 1) Approve the three-year service contract with Ascent Elevator Services for the maintenance of the City Hall elevator and the Parking Structure elevator, each in the amount of $1,632 for FY 14-15, $1,680 for FY 15-16, and $1,728 for FY 16-17; and 2) Authorize the Mayor to execute and the City Clerk to attest the services contracts for the City Hall elevator and the Parking Structure elevator, subject to approval by the City Attorney. Motion Fangary, second Petty. The motion carried by a unanimous vote. (c) AMERICAN LUNG ASSOCIATION REPORT AND CONSIDERATION OF DIRECTION REGARDING POTENTIAL SMOKING REDUCTION MEASURES TO ADVANCE BLUE ZONES COMMUNITY STATUS (LOS ANGELES COUNTY PUBLIC HEALTH DEPARTMENT, BEACH CITIES HEALTH DISTRICT, CITY PARTNERSHIP). Memorandum from Community Development Director Ken Robertson dated September 17, 2014. Supplemental information from the Los Angeles County Department of Public Health and American Lung Association, presented at the meeting. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. City Council Minutes 09-23-14 Page 14089 Laura Magallanes, Los Angeles County Public Health Department, and Esther Schiller, American Lung Association, were invited forward to make their individual presentations and respond to Council questions. Coming forward to address the Council on this item were: David Brenner Craig Cadwallader, Surfrider Foundation South Bay Chapter Dency Nelson Lisa Santorum, Beach Cities Health District Holly Maynes, South Bay Behavioral Health Services Proposed Action: To direct staff to work with the Los Angeles County Health Department, Beach Cities Health District, business community and stakeholders to initiate a process to reduce tobacco sales to minors. Motion DiVirgilio, second Petty. Proposed Amendment: To amend the above motion to include e -cigarettes and other tobacco products in the process to reduce tobacco sales to minors, to consider expanding the ban in public spaces, and to direct staff to review enforcement of the existing ban. Motion Fangary, second Barragan. The motion failed, due to the dissenting votes of DiVirgilio, Petty and Mayor Tucker. Councilmember DiVirgilio withdrew his proposed motion. Action: To direct staff to (sequentially) work with the Los Angeles County Health Department, Beach Cities Health District, business community and stakeholders to initiate a process focused on reducing tobacco (including e - cigarettes and other tobacco products) sales to minors; and increasing the effectiveness of existing City legislation. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. (d) ADOPTION OF RESOLUTION APPROVING THE STATEMENT OF INVESTMENT POLICY WITH REVISIONS RECOMMENDED BY THE CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION (CMTA) AND REVISIONS TO REFLECT CURRENT LIMITS AND PRACTICE. Memorandum from City Treasurer Karen Nowicki dated September 3, 2014. City Treasurer Nowicki presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 14-6920, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE REVISED ANNUAL STATEMENT OF INVESTMENT POLICY." Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. City Council Minutes 09-23-14 Page 14090 . (e) REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DETERMINATION TO ALLOW USE OF ALTERNATIVE POINTS ADJACENT TO THE TOP OF RETAINING WALLS ALONG HERMOSA AVENUE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT AT 2240 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated September 16, 2014. Supplemental slides from Mayor Tucker received September 23, 2014. Supplemental site schematic from Director Robertson presented at the meeting. • Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: David Brunner Kim Komick Bonnie Macleod Paul Escudier (f) Action: To sustain the Planning Commission's decision to allow the use of alternative points adjacent to the top of the retaining wall along Hermosa Avenue for the purpose of measuring building height for a new dwelling at 2240 Hermosa Avenue. Motion Fangary, second Petty. The motion carried 4-1, noting the dissenting vote from Mayor Tucker. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DETERMINATION THAT 337 LONGFELLOW AVENUE IS A CONVEX SLOPING LOT FOR THE PURPOSE OF MEASURING BUILDING HEIGHT. Memorandum from Community Development Director Ken Robertson dated September 17, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. Mayor Tucker disclosed ex parte communications. Coming forward to address the Council on this item was: John Schueller, applicant, responded to Council questions. Action: To sustain, as recommended by staff, the Planning Commission's determination that 337 Longfellow Avenue is a convex sloping lot and may interpolate points on the top of the slope rather than using property corner elevations for determining grade and measuring building height. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. At 2:00 a.m., by Council consensus, the order of the agenda moved to item 2(j) and the remaining items were continued to the next meeting. City Council Minutes 09-23-14 Page 14091 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) PUBLIC SAFETY UPDATE. Memorandum from Fire Chief David Lantzer and Police Chief Sharon Papa dated September 16, 2014. This item was continued to the next meeting. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of September 9, 2014) Memorandum from City Clerk Elaine Doerfling dated September 15, 2014. This item was continued to the next meeting. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Elsie Bowman, on Wednesday, September 24, 2014, at the hour of 2:15 a.m. to the Adjourned Regular meeting at 7 p.m., Tuesday, September 30, 2014. Deputy City Clerk City Council Minutes 09-23-14 Page 14092 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Tuesday, September 30, 2014, at the hour of 7:03 p.m. • ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None ANNOUNCEMENTS — Councilmember Fangary disclosed recent meetings he had with Bolour and Associates and OTO Development regarding their prospective projects. Mayor pro tern Barragan announced there would be a Proposition P information session at the Hermosa Community Center on October 21, in conjunction with the County, to discuss funding of a safe neighborhood park measure; and asked that tonight's meeting be adjourned in memory of Bell Gardens Mayor Daniel Crespo. STUDY SESSION — City Manager Bakaly responded to Council questions regarding deadlines for various aspects of the oil project ballot measure and gave an overview of items not specifically agendized. 1. PRESENTATION AND ACCEPTANCE OF FINAL COST BENEFIT ANALYSIS > PRESENTATION BY CITY CONSULTANT, KOSMONT COMPANIES Larry Kosmont, President/CEO and Wil Soholt, Senior Vice President, gave a PowerPoint presentation and described changes made to the draft Cost Benefit Analysis to produce the final report. ➢ COUNCIL QUESTIONS Mr. Kosmont, Mr. Soholt, City Manager Bakaly and City Attorney Jenkins responded to Council questions. ➢ PUBLIC COMMENT/QUESTIONS Coming forward to address the Council on this item were: Gila Katz Jerry Brown Ray Dussault Brad Pautscm Scott Hebl Melinda Turner George Barks Frank Rosa No name given Betsy Ryan City Council Minutes 09-30-14 Page 14093 • Lauren Pizer Mains Kevin Sousa Dan Roden Craig Cadwallader Mike Collins Alex Smith JR Reviczky ➢ COUNCIL DISCUSSION/RECEIVE AND FILE Action: To receive and file the Cost Benefit Analysis. Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary 2. ACCEPTANCE OF FINAL HEALTH IMPACT ASSESSMENT > COUNCIL QUESTIONS — None > PUBLIC COMMENT/QUESTIONS - None ➢ COUNCIL DISCUSSION/RECEIVE AND FILE Action: To receive and file the final Health Impact Assessment. • Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 3. STATUS REPORT ON DEVELOPMENT AGREEMENT ➢ COUNCIL QUESTIONS RE CURRENT WORKING VERSION OF DEVELOPMENT AGREEMENT AND PUBLIC BENEFITS City Manager Bakaly gave an overview of the Development Agreement, discussed outstanding issues listed in the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. > DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT Subcommittee members Fangary and DiVirgilio reported on their discussions with E&B and responded to fellow Councilmembers' questions. E&B representatives also responded to Council questions. City Manager Bakaly confirmed the direction given this evening to the Council subcommittee negotiating the Development Agreement regarding public benefits. He and City Attorney Jenkins responded to Council questions. City Council Minutes 09-30-14 Page 14094 .1/ • • • The meeting recessed at 11:26 p.m. The meeting reconvened at 11:38 p.m. 4. REVIEW OF BALLOT MEASURE ORDINANCE City Attorney Jenkins said a copy of the Ordinance and Resolution associated with the ballot question had been provided to the Council, along with suggested ballot language from various sources. > COUNCIL COMMENT ON SEPTEMBER 8 VERSION OF ORDINANCE City Attorney Jenkins and City Clerk Doerfling responded to Council questions. Council consensus was to direct City Attorney Jenkins to incorporate some of the ballot language suggestions and return with a revised version, red -lined to show the revisions, for Council review at a future meeting. > PUBLIC COMMENT/QUESTIONS Jose Bacallao Stacey Armato James Mitchell Betsy Ryan No name given 5. REVIEW AND APPROVE COMMUNICATION PLAN By consensus, the Council continued this item to the October 14,2014 meeting. 6. DISCUSSION/DIRECTION ON OTHER MATTERS PERTAINING TO OIL PROJECT City Manager Bakaly received direction from the Council about upcoming agendas and responded to Council questions. ADJOURNMENT - The Regular meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Bell Gardens Mayor Daniel Crespo, on Wednesday, October 1, 2014, at the hour of 1:14 a.m. to an Adjourned Regular meeting on Tuesday, October 14, 2014, at 5:30 p.m. for the purpose of conducting a Closed Session, followed by the Downtown Core Strategy and Hotel Study Session at 6 p.m., and the Regular meeting at 7 p.m. City Council Minutes 09-30-14 Page 14095 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 14, 2014, at the hour of 5:30 p.m. ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: APPROVAL OF MINUTES: Closed Session meeting held on September 9, 2014. 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. 1. Existing Litigation: Government Code Section 54956.9(d)(1) a. Name of Case: Curtis v. City of Hermosa Beach, et al Los Angeles County Superior Court, Case Number: BC525796 b. Name of Case: Saad v. City of Hermosa Beach United States District Court, Case Number: CV14-3734 Name of Case: Leach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC065648 d. Name of Case: Haas v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC511099 Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 f. Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 g. Name of Case: Roberts et al Curtis v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 City Council Minutes 10-14-14 Page 14096 ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City 0 Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 2014, at the hour of 5:31 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 6:10 p.m., the Closed Session adjourned back to Open Session. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 14, 2014, at the hour of 6:10 p.m. to the Regular Meeting of the same date, starting with a study session that had been scheduled to begin at 6:00 p.m. City Council Minutes 10-14-14 Page 14097 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 14, 2014, at the hour of 6:20 p.m. PLEDGE OF ALLEGIANCE — Mayor Tucker ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None STUDY SESSION ON OIL PROJECT City Manager Bakaly reviewed items that would be placed on upcoming agendas. City Attorney Jenkins provided an update; said he and Michael Mills (the City's oil and gas attorney, of Stoel Rives, LLP) were in agreement that the oil lease would terminate in 2027 if the oil measure is not approved by the voters. City Manager Bakaly said the proposed communication meetings/workshops would be informal with staff/consultants present to answer questions, and monthly updates. Coming forward to address the Council at this time were: Jim Sullivan Nicki Carlsen, Alston & Bird, LLP Name not given Jose Bacallao Name indistinct Lauren Pizer-Mains Tom Morley George Barks Gary Brown Council consensus was to: (1) postpone discussion/deliberation/consideration of the study session items listed below until after agenda item 5.a. and decide at that time whether to discuss the matter tonight or continue it to another meeting; and (2) place the two legal opinions regarding Tidelands revenues on the oil measure page of the City's website. 1. REVIEW AND APPROVE COMMUNICATION PLAN • PRESENTATION OF DRAFT COMMUNICATION PLAN (ALSO INCLUDING COMMUNICATION MEETINGS, OPEN HOUSES AND WORKSHOPS, SIMULATIONS (E.G., HEIGHT OF WORKOVER RIGS), CIVIL DISCOURSE/CIVILITY) • 2. WHETHER TO CONTINUE MONTHLY OIL UPDATES AT CITY COUNCIL MEETINGS City Council Minutes 10-14-14 Page 14098 • 3. WHETHER TO SEEK ADDITIONAL OPINIONS ON OTHER USES OF TIDELANDS REVENUES 4. E&B NATURAL RESOURCES' LEASE TERMINATION DATE 5. MEETINGS WITH E&B NATURAL RESOURCES AND THIRD PARTIES 6. DISCUSSION/DIRECTION ON OTHER MATTERS PERTAINING TO OIL PROJECT The meeting recessed at 7:00 p.m. The meeting reconvened at 7:14 p.m. PLEDGE OF ALLEGIANCE — Chris Cagle ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments before tonight's closed session, no items added to the agenda, and no reportable actions taken. • ANNOUNCEMENTS — Councilmember Petty, responding to Written Communication 1.a. (critical of her stance on the E&B Development Agreement), said it is her duty to try to obtain as much as possible for the City, should Measure 0 pass. Mayor Tucker announced (1) the Hermosa Woman's Club annual pancake breakfast on October 19, 8 a.m. to noon, at the Clark Building and (2) a General Plan/Coastal Plan community workshop at 6 p.m. November 6 at the Clark Building. Mayor pro tern Barragan announced a workshop on Proposition P (park funding) at 6:30 p.m., October 21, at the Community Center. • PROCLAMATIONS/PRESENTATIONS CHAMBER OF COMMERCE PRESENTS A $100,000 DONATION CHECK TO THE CITY OF HERMOSA BEACH Kimberlee MacMullan, Hermosa Chamber President/CEO, presented the donation check (toward a new electronic sign at the Pacific Coast Highway and Pier Avenue intersection and the PCH/Aviation Boulevard Improvement Project). Mayor Tucker presented a Certificate of Recognition thanking the Chamber of Commerce for its generosity. City Council Minutes 10-14-14 Page 14099 • INTRODUCTION OF EMERGENCY MANAGEMENT COORDINATOR Fire Chief Lantzer introduced Erin Concas, the City's new Emergency Management Coordinator, citing her education and her experience with FEMA and the Red Cross. CHAMBER OF COMMERCE PRESENTS DONATION CHECK TO HERMOSA BEACH NON -PROFITS (This item was continued to the next meeting) PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Alisa Stein Jeanne Jenzano Adrienne Slaughter, Hermosa Beach Woman's Club Isabella Bacallao SarahJane Bacallao Marc Perman Sal Longo Sheryl Main Jim Sullivan Barbara Ellman Jose Bacallao George Barks Stacey Armato Joe Galliani Craig Cadwallader Eddie (last name indistinct) Gary Brown Gunnar Engstrand (a) Supplemental letter from Fred Huebscher dated October 13, 2014 regarding comments made at September 30 Council meeting. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. (b) Supplemental letter from Alisa Stein regarding "Serious Situation." Lieutenant Tom Thompson came forward to give a status update on the incident and responded to Council question. Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. City Council Minutes 10-14-14 Page 14100 • • 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(c) and (g) Barragan. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING CITY COUNCIL MEETING MINUTES. Action: To receive and file the memorandum from City Clerk Doerfling. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) September 17, 2014 (Check no. 75174) 2) September 18, 2014 (Check nos. 75175 through 75231; 149856, 1490705 and 9182014) 3) September 25, 2014 (Check nos. 56096; 56241; 56745; 57609; 57700; 75232 through 75324; 1499401 and 6052786) 4) October 2, 2014 (Check nos. 75325 through 75401; 1401595 and 10022014; and the CANCELLATION of check nos. 74955 and 75068) Action: To ratify the check registers and approve cancellation of two checks, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Mayor pro tern Barragan for separate discussion later in the meeting. Action: To receive and file tentative future agenda items. Motion Barragan, second Petty. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETINGS OF MAY 19, 2014 AND JULY 7, 2014. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meetings of May 19, 2014 and July 7, 2014. City Council Minutes 10-14-14 Page 14101 • (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 2014. (Continued from meeting of September 23, 2014) Action: To receive and file the action minutes of the Planning Commission meeting of September 16, 2014. (f) RECOMMENDATION TO APPROVE AMENDMENT NO. 6 TO AGREEMENT NO. 83-100 RELATING TO JOINT EXERCISE OF POWERS AGREEMENT APPROVING THE CITIES OF TORRANCE AND LOMITA AS MEMBER CITIES OF THE SOUTH BAY WORKFORCE INVESTMENT AREA. Memorandum from South Bay Workforce Investment Board Chief Executive Officer Jan Vogel dated September 18, 2014. (g) Action: To approve Amendment No. 6 to Agreement No. 83-100 relating to the Joint Exercise of Powers Agreement Approving the Cities of Torrance and Lomita as Member Cities of the South Bay Workforce Investment Area, as recommended by staff. RECOMMENDATION TO AWARD THE ATTACHED PROFESSIONAL SERVICES AGREEMENT TO KATIE CASEY PUBLIC RELATIONS, FOR PUBLIC INFORMATION OFFICER SERVICES IN THE AMOUNT OF $72,000 PER YEAR FOR TWO YEARS WITH AN OPTION FOR TWO ADDITIONAL ONE YEAR TERMS; AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY. (Continued from meeting of September 23, 2014) Memorandum from Management Analyst Nico de Anda-Scaia dated September 9, 2014. This item was removed from the consent calendar by Mayor pro tem Barragan for separate discussion later in the meeting. Action: To approve the staff recommendation to: 1) Award the attached Professional Services Agreement to Katie Casey Public Relations, for Public Information Officer Services in the amount of $72,000 per year for two years with an option for two additional one year terms; and 2) Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney. Motion Petty, second Fangary. The motion carried 4-1, noting the dissenting vote of Barragan. (h) RECOMMENDATION TO APPROVE CIP NO. 13-656 CITYWIDE ENERGY CONSERVATION UPGRADE - PHASE 1; AWARD THE CONSTRUCTION CONTRACT TO VT ELECTRIC IN THE AMOUNT OF $639,456; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED CONSTRUCTION CONTRACT SUBJECT TO City Council Minutes 10-14-14 Page 14102 APPROVAL BY THE CITY ATTORNEY; ADOPT THE ATTACHED RESOLUTION; AUTHORIZE AN ADDITIONAL APPROPRIATION OF $213,379 FROM THE EQUIPMENT REPLACEMENT FUND; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE CONTRACT WITHIN THE PROJECT BUDGET. Memorandum from Associate Engineer Mondher Saied dated October 9, 2014. Action: To approve the staff recommendation to: 1) Approve CIP #13-656 Citywide Energy Conservation Upgrade—Phase 1; 2) Award the Construction Contract to VT Electric in the amount of $639,456; 3) Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney; 4) Adopt Resolution No. 14-6922, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 13-656 CITYWIDE ENERGY CONSERVATION UPGRADE — PHASE 1 PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 5) Authorize an additional appropriation of $213,379 from the Equipment Replacement Fund; and 6) Authorize the Director of Public Works to make changes to the contract within the project budget. RECOMMENDATION TO ADOPT RESOLUTION REVISING THE CITY'S CONFLICT OF INTEREST CODE TO REFLECT THREE CHANGES (ADDITION/DELETION/RENAMING) TO THE LIST OF DESIGNATED POSITIONS. Memorandum from City Clerk Elaine Doerfling dated October 7, 2014. Action: To adopt Resolution No. 14-6923, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 08-6624; APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED CITY POSITIONS (EMPLOYEES AND BOARD/COMMISSION MEMBERS); AND DESIGNATING THE CITY'S FILING OFFICER." At 8:05 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c) 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. City Council Minutes 10-14-14 Page 14103 5. PUBLIC HEARINGS (a) E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT. PART A: PUBLIC HEARING ON PLACEMENT OF A MEASURE ON THE MARCH 31 2015 BALLOT TO PRESENT TO THE ELECTORATE FOR ITS CONSIDERATION A BALLOT MEASURE ORDINANCE PROPOSING VARIOUS LEGISLATIVE CHANGES, A DEVELOPMENT AGREEMENT, AND AN OIL AND GAS PIPELINE FRANCHISE AND MAKING CEQA FINDINGS IN ORDER TO LIFT THE BAN ON OIL DRILLING AND ALLOW THE PROPOSED E&B OIL DRILLING & PRODUCTION PROJECT AT THE SITE OF THE CURRENT CITY MAINTENANCE YARD AT 555 SIXTH STREET, HERMOSA BEACH, CA 90254. Memorandum from City Attorney Michael Jenkins dated October 9, 2014. Supplemental letter emailed to City Attorney Jenkins from Nicki Carlsen dated October 13, 2014. Supplemental letter from Ian Lee-Leviten dated October 13, 2014. Supplemental letter from Lael Stabler dated October 14, 2014. Supplemental redlined Development Agreement from City Attorney Jenkins received October 14, 2014. City Attorney Jenkins presented the staff report and responded to Council questions. City Manager Bakaly and Community Development Director Robertson also responded to Council questions. Councilmember Fangary disclosed communications he had with E&B, and suggested that each of the E&B representatives have sufficient time (beyond three minutes) to make their presentations. Nicki Carlsen, Alston & Bird, LLP, and Mike Finch, both representing E&B, made their individual presentations and responded to Council questions. The public hearing opened at 9:18 p.m. Coming forward to address the Council on this item were: Jim Sullivan Lael Stabler Lorie Armendariz Dana Murray, Heal the Bay Ray Dussault Stacey Armato Betsy Ryan Jose Bacallao Craig Cadwallader, Surfrider Foundation South Bay Chapter Dency Nelson Joe Galliani Scott Hebl Kevin Sousa Michael Binder City Council Minutes 10-14-14 Page 14104 Lauren Pizer Mains George Barks Laura Arsiniega The public hearing closed at 9:58 p.m. City Council discussion ensued. City Attorney Jenkins and Community Development Director responded to Council questions. At 10:13 p.m., the meeting recessed. At 10:32 p.m., the meeting reconvened. Action: To direct staff to return with the following wording change to the last sentence of the ballot question: "...determining that project financial benefits outweigh its unavoidable environmental impacts." Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. Further Action: To reopen the Public Hearing for public comments on the Development Agreement. Motion Fangary, second Barragan. The motion carried by a unanimous vote. Final Action: To reopen the Public Hearing for public comments on all aspects of the Development Agreement. Motion Petty, second Tucker. The motion carried 4-1, noting the dissenting vote of Fangary. The public hearing reopened at 11:47 p.m. Coming forward to address the Council on this item were: Phil Friedl Craig Cadwallader Jose Bacallao Alicia Villareal Kevin Sousa Scott Hebl Mike Finch, E&B George Barks Joe Galliani Lauren Pizer Mains Stacey Armato Nicki Carlsen, Alston & Bird, LLP The public hearing closed at 12:10 a.m. Action: To direct staff to eliminate the two paragraphs regarding education foundation funding and undergrounding funding in Exhibit C "Public Benefits" and to return with a clean version of the Development Agreement that incorporates feedback from this evening's meeting. City Council Minutes 10-14-14 Page 14105 Motion Barragan, second Fangary. The motion carried 4-1, noting the dissenting vote of Petty. Further Action: To direct staff to not provide a monetary range in the first paragraph (which is highlighted) and refer instead to the Cost Benefit Analysis. Motion Barragan, second Fangary. The motion carried by a unanimous vote. PART B: RESOLUTIONS FOR THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION ON MARCH 3, 2015, TO SUBMIT TO THE ELECTORATE A MEASURE REGARDING A PROPOSED OIL/GAS DRILLING/PRODUCTION RPOJECT: (1) REQUEST FOR COUNTY SERVICES; (2) SET ARGUMENT PRIORITIES AND/OR DIRECT IMPARTIAL ANALYSIS; (3) PROVIDE FOR REBUTTALS; AND (4) AUTHORIZE CITY CLERK'S ELECTION COMPENSATION. Memorandum from City Elaine Doerfling dated October 6, 2014. By consensus, the City Council continued the Public Hearing for Part B to the October 28, 2014 meeting, at which final documents will be presented. It was also the consensus of the Council to consider items 2(c) and (g) this evening, but continue all of the remaining agenda items to the October 28 meeting, with direction to staff to move the carbon neutrality item (currently scheduled for the October 28 meeting) to November. At 1:08 a.m., the order of the agenda moved to item 2(c). (b) APPEAL TO THE CITY COUNCIL DENIAL OF PERMIT FOR MORE THAN TWO HOUSEHOLD PETS AT 601 25TH STREET, HERMOSA BEACH. Memorandum from Police Chief Sharon Papa dated September 24, 2014. Supplemental photos from Betty Starr dated October 9, 2014. This item was continued to the next meeting. 6. MUNICIPAL MATTERS (a) APPROVE AMENDMENTS TO SECTIONS 1.04, 1.10, 6.04, 8.12, 8.24, 8.40, 9.04, 12.20 AND 12.24 OF THE MUNICIPAL CODE TO RECLASSIFY CERTAIN ALCOHOL RELATED INFRACTIONS AS MISDEMEANORS THAT OCCUR DURING SPECIFIED TIMES AND RECLASSIFYING VIOLATIONS OF ANIMAL, REFUSE COLLECTION, NOISE AND SMOKING REGULATIONS FROM ADMINISTRATIVE TO CRIMINAL VIOLATIONS. Memorandum from Police Chief Sharon Papa dated September 30, 2014. This item was continued to the next meeting. City Council Minutes 10-14-14 Page 14106 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) PUBLIC SAFETY UPDATE. (Continued from meeting of September 23, 2014) Memorandum from Fire Chief David Lantzer and Police Chief Sharon Papa dated September 16, 2014. This item was continued to the next meeting. (b) UPDATE ON UNMANNED AIRCRAFT SYSTEMS ORDINANCE. Memorandum from Police Chief Sharon Papa dated October 7, 2014. This item was continued to the next meeting. (c) CITY COUNCIL MEETING SCHEDULE FOR 2015. Memorandum from City Manager Tom Bakaly dated October 7, 2014. This item was continued to the next meeting. (d) STRATEGIC PLAN ACTION AGENDA UPDATE. Memorandum from City Manager Tom Bakaly dated October 7, 2014. This item was continued to the next meeting. • 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meetings of September 9, 2014 and September 23, 2014) Memorandum from City Clerk Elaine Doerfling dated September 15, 2014. This item was continued to the next meeting. (b) VACANCIES — BOARDS AND COMMISSIONS SCHEDULE APPLICANT INTERVIEWS FOR TWO PUBLIC WORKS COMMISSION TERMS. Memorandum from City Clerk Elaine Doerfling dated October 7, 2014. This item was continued to the next meeting. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 15, 2014, at the hour of 1:20 a.m., to an Adjourned Regular meeting on Wednesday, October 22, 2014, at 5:30 p.m. for an onsite visit at North School (417 25th Street), to be followed by a joint meeting with the Hermosa Beach City School District Board at • in Cou '1 Chambers. City Clerk Deputy City Clerk City t'ouncil Minutes 10-14-14 Page 14107 • • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, October 22, 2014, at the hour of 5:30 p.m. The meeting was called to order at 5:30 p.m. The Adjourned Regular Meeting took place at an offsite location — Hermosa Beach North School at 417 25th Street. The following members of the City Council were in attendance: Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 22, 2014, at the hour of 6:15 p.m. to an Adjourned Regular Meeting at 7 p.m. on the same date in the Council Chambers, for the purpose of conducting a Joint Meeting with the Hermosa Beach City School District Board. City Council Minutes 10-22-14 Page 14108 i MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, October 22, 2014, at the hour of 7:04 p.m., for the purpose of conducting a joint meeting with the Hermosa Beach City School Board PLEDGE OF ALLEGIANCE — Ryan Nowicki ROLL CALL: Hermosa Beach City Council: Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio Hermosa Beach School District Board of Trustees: Present: Beste, Bove-Lamonica, Campbell, Claypoole, President Ackerman Absent: None Also present were City Manager Tom Bakaly, Assistant to the City Manager Diane Strickfaden, and School District Superintendent Patricia Escalante. 1. PUBLIC PARTICIPATION: • Mayor Tucker requested public comments regarding Measure Q be heard after discussion of the item. No one came forward to speak at this time. 2. AFTER SCHOOL PROGRAM. Supplemental information from City Manager Tom Bakaly dated October 16, 2014. Superintendent Escalante presented the report. Comments/suggestions from members of the City Council, School Board and staff included: o Increased enrollment has created a need for expanded afterschool care; o Various locations are under consideration, including the Verizon Building; o Many residents are unaware of the waiting list for afterschool care; o Community Center space is limited due to the many activities that take place there; o Valley School has no sustainable program because the City's afterschool program is so inexpensive; o Staff at the District's afterschool program are paid much better than those with the City, where there is high turnover among recreation leaders because it is a low-paying, temporary job; o City recreation leaders' pay could be increased with monies from grants or by raising fees; and o Parents are encouraged to email with needs/wants for these programs. STATE OF THE SCHOOLS / MEASURE Q UPDATE. Supplemental presentation on Financials of the Long Range Facilities Master Plan, City Council Minutes 10-22-14 Page 14109 supplemental presentation on Measure Q, and supplemental FAQ Sheet, all received from the Hermosa Beach City School District October 21, 2014. Supplemental letter with attachment from Marie Rice, and supplemental letter from Jose Bacallao, both received October 21, 2014. Supplemental letter and document from Miyo Prassas, both received October 22, 2014. Board President Ackerman presented the report. Comments/suggestions from members of the City Council, School Board and staff included: o Both Valley and View Schools were named as California Distinguished Schools in 2014; o There were six City schools in the 1950s, today there are more students but only two schools; o Creative space -making has become the norm, including portable trailer classrooms and the splitting of some classrooms to allow two classes to take place in the room at the same time; o The electrical, lighting and plumbing systems are outdated; and o Measure Q is about needs, not wants. Coming forward to address the Council at this time were: No name given James Scott Monique Ehsan Carol Reznechek Rick Sowers Stacey Armato Responses/comments from members of the City Council, School Board and staff included: o Measure Q contains a provision about an oversight committee; o No Measure Q funds can be used for teachers' salaries or maintenance; o Children's Journey is a consistent revenue source for the School District; o There is interest in a preschool within the City; o The walking school bus could be used more frequently; o An emphasis on creative solutions is required; o Property values in Hermosa are determined by both its beach and its schools; and o ADA compliance is required in all District facilities. ADJOURNMENT - The Adjourned Regular meeting of the City Council adjourned on Wednesday, October 22, 2014, at the hour of 9:00 p.m., to an Adjourned Regular meeting at 5 p.m. on October 28, 2014, for a Study Session on Priority Based Budgeting, to be followed at 7 p.m. by the Regular meeting. Deputy City Clerk Council Minutes 10-22-14 Page 14110 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 28, 2014, at the hour of 5:09 p.m. PLEDGE OF ALLEGIANCE - Mayor Tucker ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PRIORITY BASED BUDGETING STUDY SESSION City Manager Bakaly provided an overview. PRESENTATION 1. REVIEW OF FISCAL HEALTH SCENARIOS, Tom Bakaly, City Manager Charts illustrating the various scenarios were projected on the screen. City Manager Bakaly said they would bring back the topic in January 2015. 2. PRIORITY BASED BUDGETING • Jon Johnson and Chris Fabian, ICMA's Center for Priority Based Budgeting, discussed the topic, with a slide presentation. a. AN ELECTED OFFICIAL'S PERSPECTIVE, Kathie Novak, Former Mayor of Northqlenn, Colorado and Past President, National League of Cities Kathie Novak described her background and said her own experience proved to her that priority based budgeting makes dealing with budgets more efficient and easier. b. OVERVIEW OF PRIORITY BASED BUDGETING, Jon Johnson and Chris Fabian of ICMAS Center for Priority Based Budgeting Mr. Johnson discussed the steps to use the tool of priority based budgeting and how it can help a City accomplish its goals, and responded to Council questions. Ms. Novak elaborated on the process and responded to Council questions. Mr. Fabian also responded to Council questions. c. VALIDATION OF RESULTS FOR HERMOSA BEACH, Jon Johnson and Chris Fabian City Council Minutes 10-28-14 Page 14111 Mr. Johnson commented on the specific goals of Hermosa Beach identified by the Council and responded to Council questions. Ms. Novak further clarified and responded to Council questions. As suggested by Ms. Novak, Finance Director Copeland requested that the Council keep notes on issues they want addressed at budget time and pass these on to staff as they think of them so that they will not be missed when budget preparation time comes up. Jon Johnson showed a list of the seven community results specified by the Council and urged them to think about goals instead of focusing on cost only. PUBLIC PARTICIPATION No one came forward to address the Council. Additional Council questions were fielded by the consultants, as well as Finance Director Copeland and City Manager Bakaly. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 28, 2014, at the hour of 6:40 p.m. to the Regular meeting of the same date scheduled to begin at 6:00 p.m. (time subsequently revised to begin at 7:00 p.m.). City Council Minutes 10-28-14 Page 14112 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of 411 Hermosa Beach, California, held on Tuesday, October 28, 2014, at the hour of 7:14 p.m. PLEDGE OF ALLEGIANCE — Gary Brown ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None ANNOUNCEMENTS — Councilmember Fangary announced the Hermosa Beach Firefighters Foundation fundraiser event at Hennessey's on Saturday, November 15. Councilmember Petty encouraged everyone to vote on Tuesday, November 4, particularly in favor of Measure Q (Hermosa Beach school bond). Mayor Tucker announced the award from the West Basin Water District for the City's ocean friendly garden; said the meeting would be adjourned in memory of Tom Barnett, Los Angeles County lifeguard, stationed in Hermosa, and commended staff for assistance with his memorial service; announced the November 11 ceremony at Hermosa's Veterans Memorial at the Community Center; discussed recent meetings with Southern California Edison; cited a 2012 Resolution specifying 10:30 p.m. end time for Council meetings, requiring a vote to continue the meeting past that hour. Action: To add to this evening's agenda a discussion of whether or not the Council should endorse Measure Q, based on the findings that the issue arose after the posting of the agenda and requires immediate action. Motion Fangary, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Sheryl Main Heather Baboolal Gary Brown Sophia Prenter James Scott Monique Ehsan Mark Auville George Schmeltzer Cammie Herbert Glenn Payne Manny Serrano Lisa Claypoole Allan Mason City Council Minutes 10-28-14 Page 14113 Jani Lange and Jessica Guheen George Barks Erika Seward Michelle Eisenberg Fred Huebscher Ryan Nowicki (Mayor pro tern Barragan stepped out of the room at 8:25 p.m.) (a) Letter from Tom Morley dated October 13, 2014 regarding NOP submissions into the administrative record of the proposed oil proiect. Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried 4-0, noting the brief absence of Barragan. (b) Supplemental document from Tom Morley received October 28, 2014 regarding Worldwide Crude Oil Price Crash Impact on Hermosa Beach Oil Proiect Estimates. Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried 4-0, noting the brief absence of Barragan. 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) Fangary. Motion Fangary, second Petty. The motion carried 4-0, noting the brief absence of Barragan. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING CITY COUNCIL MEETING MINUTES. Action: .To receive and file the memorandum from City Clerk Doerfling. (b) RECOMMENDATION TO RATIFY CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) October 9, 2014 (Check nos. 75402 through 75440; and 14909395) 2) October 9, 2014 (Additional Item -Check no. 75441) 3) October 16, 2014 (Check nos. 75442 through 75558; and 141942; and the CANCELLATION of check nos. 75001; 75026; 75358; and 75431) City Council Minutes 10-28-14 Page 14114 • r Action: To ratify the check registers, and approve cancellation of four checks, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items. (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN NOWICKI REGARDING REVENUE AND EXPENDITURE REPORTS, CASH BALANCE REPORT, AND THE CITY TREASURER'S REPORT FOR SEPTEMBER 2014. Action: To receive and file the memorandum from Finance Director Copeland and City Treasurer Nowicki. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the evening. (f) (g) City Manager Bakaly responded to Council questions. Action: To take jurisdiction over Planning Commission agenda item 6 for Council review and reconsideration (excluding Hermosa Saloon, which had been continued and was therefore still under the Commission's purview. Supported by Barragan, Fangary and Mayor Tucker. Further Action: To receive and file the action minutes of the Planning Commission meeting of October 21, 2014. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE CIP PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Diane Strickfaden dated October 20, 2014. Action: To receive and file the report giving the status of capital improvements projects that are either under design or construction as of September 30, 2014, as recommended by staff. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated October 20, 2014. City Council Minutes 10-28-14 Page 14115 CLAIMANT: DATE OF LOSS: DATE FILED: ALLEGATION: KLISZEWSKI, JOHN 10-12-14 10-13-14 PROPERTY DAMAGE Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (h) RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $376,486 WITH ASPEN ENVIRONMENTAL GROUP TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE TRANSPACIFIC UNDERSEA FIBER OPTIC CABLE PROJECT PROPOSED BY RAM TELECOM INTERNATIONAL, INC. (RTI). Memorandum from Community Development Director Ken Robertson dated October 21, 2014. Supplemental memorandum from Community Development Director Robertson dated October 28, 2014 Action: To approve a Professional . Services Agreement in the amount of $376,486 with Aspen Environmental Group to prepare an Environmental Impact Report for the TransPacific Undersea Fiber Optic Cable Project Proposed by RAM Telecom International, Inc. (RTI). At 8:27 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 Item 2e was heard at this time but is shown in order for clarity. 5. PUBLIC HEARINGS (Mayor pro tem Barragan returned to the dais at 8:30 p.m.) (a) E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT. (Continued from meeting of October 14, 2014) PART A: PUBLIC HEARING ON PLACEMENT OF A MEASURE ON THE MARCH 3, 2015 BALLOT TO PRESENT TO THE ELECTORATE FOR ITS CONSIDERATION A BALLOT MEASURE ORDINANCE PROPOSING VARIOUS LEGISLATIVE CHANGES, A DEVELOPMENT AGREEMENT, AND AN OIL AND GAS PIPELINE FRANCHISE AND MAKING CEQA FINDINGS IN ORDER TO LIFT THE BAN ON OIL DRILLING AND ALLOW THE PROPOSED E&B OIL DRILLING & PRODUCTION PROJECT AT THE SITE OF THE CURRENT CITY MAINTENANCE YARD AT 555 SIXTH City Council Minutes 10-28-14 Page 14116 • STREET, HERMOSA BEACH, CA 90254. Memorandum from City Attorney Michael Jenkins dated October 23, 2014. Supplemental letter and attachments mailed to City Attorney Jenkins from Nicki Carlsen on October 24, 2014. Two Supplemental emails from Scott Hebl, both received October 28, 2014. Two items of supplemental information from City Attorney Jenkins, both received October 28, 2014. Supplemental email from Dave Andrews received October 28, 2014. Supplemental email from Tom Morley received October 28, 2014. City Attorney Jenkins presented the staff report and responded to Council questions. Steve Layton, E&B president, came forward to discuss outstanding issues and respond to Council questions. The public hearing opened at 9:02 p.m. Coming forward to address the Council on this item were: Steve Layton, E&B President Gary Brown Scott Hebl Michael Keegan George Barks Mike Collins Martha Logan George Schmeltzer John Bowler Lael Stabler Phil Friedl Lauren Pizer Mains Mary Campbell The public hearing closed at 9:36 p.m. Action: To approve Exhibit C of the Development Agreement ("Public Benefits") with the changes discussed this evening. Motion Barragan, second Tucker. The motion carried 3-2, noting the dissenting votes of Petty and DiVirgilio. Further Action: To extend the meeting to midnight and decide at that time whether to continue on with the meeting or table the remaining items to a future meeting. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. At 10:30 p.m., the meeting recessed. At 10:52 p.m., the meeting reconvened. • City Attorney Jenkins and City Manager Bakaly responded to Council questions. City Council Minutes 10-28-14 Page 14117 Final Action: To continue the entire item (including the Part B election resolutions) to Thursday, November 13, with direction to hold Tuesday, November 18, as a placeholder in the event an additional meeting is needed. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS- CITY MANAGER (a) PUBLIC SAFETY UPDATE. (Continued from meeting of September 23, 2014) Memorandum from Fire Chief David Lantzer and Police Chief Sharon Papa dated September 16, 2014. City Manager Bakaly presented the staff report and responded to Council questions. (Councilmember Petty stepped out of the room at 11:44 p.m.) Action: To receive and file the report. Motion DiVirgilio, second Fangary. The motion carried by a 4-0 vote, noting the brief absence of Petty. (b) UPDATE ON UNMANNED AIRCRAFT SYSTEMS ORDINANCE. (Continued from meeting of October 14, 2014) Memorandum from Police Chief Sharon Papa dated October 7, 2014. City Manager Bakaly presented the staff report and responded to Council questions. (Councilmember Petty returned to the dais at 11:46 p.m.) Action: To review and file the report. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. (c) CITY COUNCIL MEETING SCHEDULE FOR 2015. (Continued from meeting of October 14, 2014) Memorandum from City Manager Tom Bakaly dated October 7, 2014. Action: To: (1) approve the proposed meeting change from Tuesday, September 22, to Thursday, September 24; (2) change December's proposed meeting to 7 p.m. Tuesday, December 8; and (3) direct staff to prepare the final City Council meeting schedule for 2015, as changed this evening. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (d) STRATEGIC PLAN ACTION AGENDA UPDATE. (Continued from meeting of October 14, 2014) Memorandum from City Manager Tom Bakaly dated October 7, 2014. City Council Minutes 10-28-14 Page 14118 City Manager Bakaly presented the staff report and responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 9. OTHER MATTERS a. A request by Councilmember Fangary for a discussion regarding having the City Council endorse Measure Q (Hermosa school bond). (Item was added to agenda earlier in the meeting.) Action: To authorize the endorsement of the (school bond) Measure Q by the City Council, as a body. Motion Fangary, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. b. A request by Councilmember Fangary for discussion at a future meeting about having more detailed and uniform minutes among the City's governing bodies and about bringing the Council minutes up-to-date. Councilmember Fangary spoke to his request, which garnered the support of Mayor pro tem Barragan. At 12:29 a.m., the order of the agenda moved to item 2(e), which had been removed from the consent calendar for separate discussion. At 12:45 a.m., the City Council concluded with the Regular meeting agenda items, and moved forward with the scheduled Closed Session. Public Comments: No one came forward during the open session to address the Council on Closed Session agenda items. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: Closed Session meeting held October 14, 2014. 2. CONFERENCE WITH LEGAL COUNSEL a) Initiation of Litigation: Government Code Section 54956.9(d)(4) Number of Potential Cases: 1 (PTAF) b) Existing Litigation: Government Code Section 54956.9(d)(1) Name of Case: Curtis v. City of Hermosa Beach, et al Los Angeles County Superior Court, Case Number: BC525796 City Council Minutes 10-28-14 Page 14119 s • ADJOURN TO CLOSED SESSION — The Regular meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 29, 2015 at 12:45 a.m. to a closed session, with all members present. RECONVENE TO OPEN SESSION — At 1:15 a.m., the Closed Session adjourned to the Regular meeting. ADJOURNMENT — The Regular meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, October 29, 2014, at the hour of 1:15 a.m., to an Adjourned Regular meeting of Wednesday, November 5, 2014, to be held at 6:00 p.m. (time subsequently revised to begin at 7:00 p.m.). Deputy City Clerk City Council Minutes 10-28-14 Page 14120 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, November 5, 2014, at the hour of 7:08 p.m. PLEDGE OF ALLEGIANCE — Jeff Duclos ROLL CALL: Present: DiVirgilio, Fangary, Petty, Mayor Tucker Absent: Mayor pro tem Barragan (arrived at 7:38 p.m.) CLOSED SESSION REPORT — None Action: To add, as recommended by City Attorney Jenkins, a Closed Session to the end of tonight's meeting for discussion of McColgan v. the City of Hermosa Beach, based on the findings that the issue arose after the agenda was posted and required immediate action. Motion Fangary, second Tucker. The motion carried 3-1, noting the dissenting vote of Petty and the absence of Barragan. ANNOUNCEMENTS — Mayor Tucker thanked Redondo's City Council and staff for the Herondo Street/Harbor Drive Gateway Improvement Project, calling it a joint effort between the two cities; and announced the "Veterans are Timeless" ceremony at the Veterans Memorial on the Community Center lawn, Tuesday, November 11. PROCLAMATIONS/PRESENTATIONS CHAMBER OF COMMERCE PRESENTS DONATION CHECK TO HERMOSA BEACH NON -PROFITS Kimberlee MacMullan, President/CEO of the Hermosa Chamber, presented the donation checks to representatives of various City non -profits; and said the Chamber is currently accepting nominations for Man and Woman of the Year. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Ryan Nowicki George Barks Max Riley 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(a), (d) and (e), Fangary. Motion DiVirgilio, second Petty. The motion carried 4-0. (Barragan absent) City Council Minutes 11-05-14 Page 14121 • (a) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 17, 2014. �.f This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To receive and file the action minutes of the Public Works Commission meeting of September 17, 2014. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. (b) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated October 27, 2014. CLAIMANT: DATE OF LOSS: DATE FILED: ALLEGATION: SMITH, JOSHUA 02-22-14 08-26-14 CIVIL RIGHTS VIOLATION Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items. (d) RECOMMENDATION TO RECEIVE AND FILE UPDATE OF THE SURF LEGENDS MEMORIAL PROJECT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF UNDERSTANDING ("MOU") AND TO PROCEED WITH THE COMPLETION OF THE PROJECT IN ACCORDANCE WITH THE TERMS OF THE MOU. Memorandum from Interim Public Works Director Diane Strickfaden dated October 23, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To approve the staff recommendation to: 1) Receive and file the update of the Surf Legends Memorial Project; and 2) Authorize the City Manager to execute the attached Memorandum of Understanding ("MOU") and to proceed with the completion of the project in accordance with the terms of the MOU. City Council Minutes 11-05-14 Page 14122 Motion Barragan, second DiVirgilio. The motion carried by a 4-1 vote, noting • the dissenting vote of Fangary. (e) RECOMMENDATION TO AWARD THE ATTACHED PROFESSIONAL SERVICES AGREEMENT TO NUVIS LANDSCAPE ARCHITECTURE AND PLANNING IN THE AMOUNT OF $61,950 TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE SURF LEGENDS MEMORIAL LOCATED ADJACENT TO THE COMMUNITY CENTER THEATER ON PIER AVENUE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Construction Manager Eric Charlonne dated October 20, 2014. Supplemental Exhibit A for Draft Professional Services Agreement from Construction Manager Charlonne received November 5, 2014. (f) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To approve the staff recommendation to: 1) Award the Professional Services Agreement to Nuvis Landscape Architecture and Planning in the amount of $61,950 to prepare plans, specifications and estimates for the Surf Legends Memorial located adjacent to the Community Center Theater on Pier Avenue; and 2) Authorize the Director of Public Works to make changes as necessary with the approved budget. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH FOR THE 2013 STATE HOMELAND SECURITY GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ASSOCIATED EXHIBITS; AND AUTHORIZE THE APPROPRIATION OF $5,426 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE FIRE GROUND SURVIVAL TRAINING REIMBURSABLE OVERTIME COSTS OF SENDING FIRE PERSONNEL TO THE TRAINING FOLLOWING RECEIPT BY THE CITY THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES. Memorandum from Fire Chief David Lantzer dated October 28, 2014. 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 2013 State Homeland Security Grant and authorize the City Manager to execute the Agreement and associated Exhibits; and 2) Authorize the appropriation of $5,426 and the corresponding estimated revenue to the Grant Fund for the Fire Ground Survival Training City Council Minutes 11-05-14 Page 14123 • reimbursable overtime costs of sending fire personnel to the training following receipt by the City the executed Agreement from the County of Los Angeles. At 7:31 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (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 11:50 p.m., the order of the agenda moved to item 7(b). 5. PUBLIC HEARINGS (a) APPEAL TO THE CITY COUNCIL DENIAL OF PERMIT FOR MORE THAN TWO HOUSEHOLD PETS AT 601 25TH STREET, HERMOSA BEACH. (Continued from meeting of October 14, 2014) Memorandum from Police Chief Sharon Papa dated September 24, 2014. Supplemental information from Betty Starr received November 5, 2014. Police Chief Papa presented the staff report and responded to Council questions. The public hearing opened at 7:32 p.m. Coming forward to address the Council at this time were: Betty Starr James Weiss Mike Balzer Mayor pro tem Barragan arrived at 7:38 p.m. The public hearing closed at 7:40 p.m. Action: To uphold the decision of the Chief of Police to deny a permit allowing more than two household pets at 601 25th Street, as recommended by staff. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS City Council Minutes 11-05-14 Page 14124 (a) APPROVE AMENDMENTS TO SECTIONS 1.04, 1.10, 6.04, 8.12, 8.24, 8.40, 9.04, 12.20 AND 12.24 OF THE MUNICIPAL CODE TO RECLASSIFY CERTAIN ALCOHOL RELATED INFRACTIONS AS MISDEMEANORS THAT OCCUR DURING SPECIFIED TIMES AND RECLASSIFYING VIOLATIONS OF ANIMAL, REFUSE COLLECTION, NOISE AND SMOKING REGULATIONS FROM ADMINISTRATIVE TO CRIMINAL VIOLATIONS. (Continued from meeting of October 14, 2014) Memorandum from Police Chief Sharon Papa dated September 30, 2014. Supplemental report on amending ordinances from Chief Papa dated November 4, 2014. Police Chief Papa presented the staff report and responded to Council questions. Police Lieutenant Tom Thompson also responded to Council questions. No one came forward to address the Council on this item. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 14-1348, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A HOLIDAY SAFETY ENHANCEMENT ZONE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO RECLASSIFY CERTAIN INFRACTIONS THAT OCCUR WITHIN THE HOLDIDAY SAFETY ENHANCEMENT ZONE AS MISDEMEANORS AND RECLASSIFYING VIOLATIONS OF ANIMAL, REFUSE COLLECTION, NOISE AND SMOKING REGULATIONS FROM THE ADMINISTRATIVE PENALTY PROGRAM TO CRIMINAL VIOLATIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion DiVirgilio, second Petty. The motion carried by a 4-1 vote, noting the dissenting vote of Barragan. (b) CARBON NEUTRALITY: UPDATE AND POSSIBLE DIRECTION REGARDING MUNICIPAL GREENHOUSE GAS EMISSION INVENTORY, DRAFT MUNICIPAL CARBON NEUTRALITY ROAD MAP, SCE STREET LIGHT ENERGY EFFICIENCY, SOLAR ENERGY PRODUCTION, ECONOMIC COMPARISONS, AND COMMUNITY CARBON NEUTRALITY POLICY. Memorandum from Community Development Director Ken Robertson dated October 28, 2014. Supplemental memorandum from Director Robertson, Environmental Analyst Kristy Morris and Senior Planner Pamela Townsend dated November 4, 2014. Supplemental presentation from Brendle Group received November 5, 2014. Supplemental email from Robert Fortunato received November 5, 2004. Senior Planner Townsend presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Kristy Morris, the City's new Environmental Analyst, was introduced. The following presentations were made: (1) Judy Dorsey, Brendle Group, provided an overview of the assessment of the Economic Benefits of Carbon City Council Minutes 11-05-14 Page 14125 • Neutrality, prepared by her firm; (2) Sabrina Bornstein, South Bay Cities Council of Governments, addressed the energy component (which SBCCOG is preparing) for the City's Energy Efficiency Climate Action Plan; and (3) Juan Matute, Kaisenergy, reviewed the draft Municipal Carbon Neutral Plan prepared by his firm (funded by the Southern California Association of Governments, providing guidance on reducing municipal emissions). Coming forward to address the Council on this item were: Robert Fortunato Jeff Duclos Joe Galliani, South Bay 350 Climate Action Group Council discussed the topics and provided direction to staff. Action: To extend the meeting past 10:30 p.m. Motion Fangary, second Tucker. The motion carried by a unanimous vote. At 10:40 p.m. the meeting recessed. At 11:00 p.m., the meeting reconvened. (c) ELECTRIC VEHICLE CHARGING STATIONS — CONSIDERATION OF FEE TO RECOUP COSTS. Memorandum from Associate Engineer Mondher Saied dated October 29, 2014. Interim Public Works Director Strickfaden presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jeff Duclos Joe Galliani Action: To direct staff to look at increasing the number of charging stations and present recommendations on that and on increasing the two-hour parking limit in January, when various other parking matters will be discussed. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) PIER USE AND POSSIBLE FISHING RESTRICTIONS UPDATE. Memorandum from Fire Chief David Lantzer dated October 29, 2014. Chief Lantzer presented the staff report and responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. At 11:20 p.m., the order of the agenda moved to the items removed from the consent calendar for separate discussion, starting with item 2(a). City Council Minutes 11-05-14 Page 14126 • (b) PILOT PARKING PROGRAM UPDATE. Memorandum from Management Analyst Nico De Anda-Scaia dated October 28, 2014. • Management Analyst De Anda-Scaia presented the staff report and responded to Council questions. Economic Development Officer Shelli Margolin -Mayer also responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. (c) HERMOSA BEACH GENERAL PLAN/COASTAL LAND USE PLAN UPDATE. Memorandum from Community Development Director Ken Robertson dated October 30, 2014. City Manager Bakaly presented the staff report and responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of September 9, 2014, September 23, 2014, and October 14, 2014) Memorandum from City Clerk Elaine Doerfling dated September 15, 2014. Action: To continue this item to the next meeting. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. (b) VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT INTERVIEWS FOR TWO PUBLIC WORKS COMMISSION TERMS. (Continued from meeting of October 14, 2014) Memorandum from City Clerk Elaine Doerfling dated October 7, 2014. Action: To schedule a meeting for 5:30 p.m. prior to the regular meeting of November 13, 2014 for the purpose of interviewing applicants for the Public Works Commission, with appointments to follow at the regular Council meeting, as recommended by the City Clerk. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL — None At 12:00 a.m., the City Council concluded with the Regular meeting agenda items, and moved forward with the Closed Session that was added earlier this evening. City Council Minutes 11-05-14 Page 14127 • Public Comments: No one came forward during the open session to address the Council on items on the Closed Session agenda. 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 October 28, 2014. 2. CONFERENCE WITH LEGAL COUNSEL Existing Litigation: Government Code Section 54956.9(d)(1) Name of Case: McColgan v. City of Hermosa Beach WCAB Numbers: ADJ8223619; ADJ8226385 ADJOURN TO CLOSED SESSION — The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 6, 2014, at 12:00 a.m., to a closed session, with all members present. RECONVENE TO OPEN SESSION — At the hour of 12:14 a.m., the Closed Session adjourned to the Adjourned Regular Meeting. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 6, 2014, at the hour of 12:15 a.m. to the General Plan/Coastal Land Use Plan Update to be held at 6:00 p.m. on Thursday, November 6, 2014, at the Clark Building at 861 Valley Drive in Hermosa Beach. Deputy City Clerk City Council Minutes 11-05-14 Page 14128 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Thursday, November 6, 2014, at the hour of 6:15 p.m. • The meeting was called to order at 6:15 p.m. The Community Workshop: General Plan/Coastal Land Use Plan Update took place at the Clark Building, 861 Valley Drive, Hermosa Beach, CA 90254. A project -overview presentation was followed by self-directed participation by attendees at seven stations around the room: (1) Vision Statement; (2) Guiding Principles; (3) Key Issues/Priority Solutions — Small Town Beach Character; (4) Key Issues and Priority Solutions — Vibrant Economy; (5) Key Issues and Priority Solutions — Healthy Environment and Lifestyles; (6) Mapping Activity; and (7) One Big Idea. The following members of the City Council were in attendance as observers only: Present: Barragan, DiVirgilio, Petty Absent: Fangary, Mayor Tucker ADJOURNMENT — The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 6, 2014, at the hour of 8:15 p.m. to Adjourned Regular meetings on Thursday, November 13, 2014, for with Public Works Commission applicant interviews at 5:30 p.m. in the Senior Center, 710 Pier Avenue, and an emergency management study session for elected officials at 6:00 p.m. at the Community Center and Emergency Operations Command, 710 Pier Avenue, to be followed by Regular meeting of the same date at 7:00 p.m. in the Council Chambers at City Hall. City Council Minutes 11-06-14 Page 14129 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held in the Senior Center at the Community Center, 710 Pier Avenue, Hermosa Beach, on Thursday, November 13, 2014, at the hour of 5:40 p.m. ROLL CALL: Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio PUBLIC PARTICIPATION: None INTERVIEW 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: Rob Saemann Andrea Giancoli Christopher Tesar The interviewed applicants were advised that the Council would make the appointment at this evening's regular meeting. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 13, 2014, at the hour of 6:10 p.m., to an Adjourned Regular Meeting of the same date, scheduled to take place at the Community Center and Emergency Operations Command, 710 Pier Avenue, at the hour of 6:00 p.m. City Clerk City Council Minutes 11-13-14 Page 14130 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held in the Community Center and Emergency Operations Command, 710 Pier Avenue, Hermosa Beach, on Thursday, November 13, 2014, at the hour of 6:14 p.m. ROLL CALL: Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio PUBLIC PARTICIPATION: None PRESENTATIONS 1. EMERGENCY MANAGEMENT FOR ELECTED OFFICIALS Jeff Robinson, Disaster Management Area G Coordinator, presented information on the responsibilities of elected officials during a disaster, noting that any public employee is required to report for duty during an emergency, and presented a handout relating to emergency management. 2. HERMOSA BEACH CITY COUNCIL PACKET Erin Concas, Emergency Management Coordinator, presented information including a Disaster Response Quick Reference Guide, excerpts from the City's Emergency Operations Plan, Los Angeles County Operational Area Disaster Proclamation Guidance, and Municipal Code Chapter 2.56 (Emergency Services), which she said would be updated in the near future. 3. EMERGENCY OPERATIONS COMMAND (EOC) TOUR At 6:50 p.m., Fire Chief Lantzer and Ms. Concas conducted a tour of the EOC center, and responded to Council questions. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 13, 2014, at the hour of 7:00 p.m., to the Regular Meeting of the same date, scheduled to take place in the Council Chambers of City Hall at the hour of 7:00 p.m. City Council Minutes 11-13-14 Page 14131 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of . Hermosa Beach, California, held on Thursday, November 13, 2014, at the hour of 7:14 p.m. PLEDGE OF ALLEGIANCE — Ron Pizer ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Mayor pro tem Barragan said the public is not given ample time to submit written communications (under Public Participation) prior to meetings. Mayor Tucker announced the Hermosa Beach Firefighters Foundation's fundraiser Saturday, November 15, at Hennessey's; and the 23rd annual Beach Cities Toy Drive, noting that toys may be dropped off at the Fire Station starting next week. PROCLAMATIONS/PRESENTATIONS SPECIAL OLYMPICS WORLD GAMES LOS ANGELES 2015, HOST TOWN PROGRAM Mayor Tucker presented a proclamation welcoming the Special Olympics athletes and their coaches to the 2015 World Games that will take place in Los Angeles July 25 to August 2, 2015, and proclaiming July 21 to July 24, 2015 to be "City of Hermosa Beach Host Town" days, accepted by Hermosa Rotary Club president Travers Devine and Jody Leventhal, who presented a video. PLAQUE OF APPRECIATION TO JULIAN KATZ FOR HIS SERVICE ON THE PUBLIC WORKS COMMISSION Mayor Tucker presented a plaque to Julian Katz for his service as a Public Works Commissioner from November 2006 to October 2014. At this time, City Manager Bakaly recommended tabling the following agenda items: • 2(e) at the applicant's request; • 6(b) to be considered at a study session at 6 p.m., December 16, 2014; and • 7(a) to be considered at a future meeting. Action: To continue agenda items 2(a), 6(b) and 7(a) to future meetings, as recommended by the City Manager. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. • PUBLIC PARTICIPATION: City Council Minutes 11-13-14 Page 14132 • 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Ron Pizer Gabrielle Noce Allan Mason Jose Bacallao Group of nine children, no names given Barbara Ellman Dr. Michael Collins Gary Brown Sheryl Main Lawrence Chaves Betsy Ryan Alex Angelo George Barks Mariano Alvarez Joe Galliani, South Bay 350 Climate Action Group Arcadia Keane Craig Cadwallader, Surfrider Foundation South Bay Chapter (a) Letter from Jack Janken dated November 3, 2014 regarding status of complaints against City employees. Coming forward to address the Council on this item was: Jack Janken City Manager Bakaly and City Attorney Jenkins responded to Council questions. Proposed Action: To form a subcommittee of Mayor Tucker and Mayor pro tem Barragan to oversee and review an independent investigation into Mr. Janken's complaints, and return with their findings at a future Closed Session. Motion Fangary, second Barragan. The motion failed, due to the dissenting votes of DiVirgilio, Petty and Mayor Tucker. Proposed Action: To form a subcommittee consisting of Mayor Tucker and Mayor pro tern Barragan to oversee and review an independent investigation into Mr. Janken's complaints, and agendize a discussion of their findings at a future City Council meeting. Motion DiVirgilio, second Petty. The motion failed, due to the dissenting votes of Barragan, Fangary and Mayor Tucker. Action: To receive and file the letter. Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. 2. CONSENT CALENDAR: City Council Minutes 11-13-14 Page 14133 • (a) 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(c) Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING CITY COUNCIL MEETING MINUTES. Action: To receive and file the memorandum from City Clerk Doerfling. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) October 23, 2014 (Check nos. 75559 through 75623; and 10202014) 2) October 27, 2014 (Check no. 75624) 3) October 30, 2014 (Check nos. 75625 through 75757; 636290; 639778; 640468; 641376; 641479; and 1493637; and CANCELLATION of check nos. 74902; 75259; and 75626) Action: To ratify the check registers as presented and to approve the • cancellation of three checks, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was continued to the next meeting. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 7, 2014. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 7, 2014. (e) RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $326,603 WITH AMEC ENVIRONMENTAL AND INFRASTRUCTURE, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND TO PROVIDE PLANNING SERVICES FOR THE STRAND AND PIER HOTEL PROJECT PROPOSED BY BOLOUR ASSOCIATES. Memorandum from Community Development Director Ken Robertson dated November 4, 2014. Supplemental email from Adam Eisenberg dated November 11, 2014. Supplemental letter from City Council Minutes 11-13-14 Page 14134 • • (f) (g) Howard Longacre dated November 10, 2014. Supplemental hotel drawings from Bolour Associates. This item was continued to a future meeting. RECOMMENDATION TO APPROVE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF HERMOSA BEACH, MANHATTAN BEACH, REDONDO BEACH, TORRANCE AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (GROUP) AUTHORIZING JOINT DEVELOPMENT OF THE BEACH CITIES ENHANCED WATERSHED MANAGEMENT PROGRAM PLAN (EWMP PLAN) AND COORDINATED INTEGRATED MONITORING PROGRAM PLAN (CIMP PLAN) FOR SANTA MONICA BAY AND DOMINGUEZ CHANNEL WATERSHED TO COMPLY WITH 2012 MUNICIPAL NPDES STORMWATER PERMIT (PERMIT) OBLIGATIONS. Memorandum from Associate Engineer Homayoun Behboodi dated October 30, 2014. Action: To approve an amendment to the Memorandum of Understanding between the cities of Hermosa Beach, Manhattan Beach, Redondo Beach, Torrance and the Los Angeles County Flood Control District (Group) authorizing Joint Development of the Beach Cities Enhanced Watershed Management Program Plan (EWMP Plan) and Coordinated Integrated Monitoring Plan (CIMP Plan) for Santa Monica Bay and Dominguez Channel Watershed to comply with 2012 Municipal NPDES Stormwater Permit (Permit) Obligations. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72321 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 810- 812 LOMA DRIVE. Memorandum from Community Development Director Ken Robertson dated November 3, 2014. Action: To adopt Resolution No. 14-6924, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72321, FOR THE SUBDIVISION OF A TWO -UNIT CONDIMINIUM, LOCATED AT 810-812 LOMA DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72391 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 1501 MONTEREY BOULEVARD. Memorandum from Community Development Director Ken Robertson dated November 3, 2014. Action: To adopt Resolution No. 14-6925, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72391, FOR THE SUBDIVISION OF A TWO -UNIT CONDIMINIUM, LOCATED AT 1501 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA." City Council Minutes 11-13-14 Page 14135 • At 9:00 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(c) was not heard but rather was continued to the next meeting. 5. PUBLIC HEARINGS (a) E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT. (Continued from meeting of October 14, 2014 and October 28, 2014) PART A: CONTINUED PUBLIC HEARING ON PLACEMENT OF A MEASURE ON THE MARCH 3, 2015 BALLOT TO PRESENT TO THE ELECTORATE FOR ITS CONSIDERATION A BALLOT MEASURE ORDINANCE PROPOSING VARIOUS LEGISLATIVE CHANGES, A DEVELOPMENT AGREEMENT, AND AN OIL AND GAS PIPELINE FRANCHISE AND MAKING CEQA FINDINGS IN ORDER TO LIFT THE BAN ON OIL DRILLING AND ALLOW THE PROPOSED E&B OIL DRILLING & PRODUCTION PROJECT AT THE SITE OF THE CURRENT CITY MAINTENANCE YARD AT 555 SIXTH STREET, HERMOSA BEACH, CA 90254. Memorandum from City Attorney Michael Jenkins dated November 5, 2014. Supplemental email from Rick Pruetz dated November 12, 2014. Supplemental submitted by Ron Pizer during the meeting. City Attorney Jenkins presented the staff report and responded to Council questions. Michael Mills, of Stoel Rives LLP, the City's outside oil and gas counsel, also responded to Council questions. E&B attorney Nicki Carlsen (of Alston & Bird LLP) and Vice President Mike Finch came forward to address the Council and respond to questions. The public hearing on the Development Agreement opened at 9:30 p.m. Coming forward to address the Council at this time were: George Schmeltzer Betsy Ryan Mike Collins Seena Sharp Jeff Duclos Steve Izant Lauren Pizer Mains Mariano Alvarez The public hearing closed at 9:50 p.m. City Council Minutes 11-13-14 Page 14136 • • Action: To accept E&B's proposal relative to the funding of the Hermosa Beach Education Foundation as proposed in their November 6, 2014 letter and as revised in the royalty override received by the City today which would include acknowledgement of it in the Statement of Overriding Considerations and as a recital to the Development Agreement; and to amend point 6 to read "E&B shall provide up to 1% of 100% to the City for community improvements where such improvements shall be determined by the city in its sole discretion. There would be an initial amount of $1 million to be contributed by E&B to the program upon the issuance of the drilling permit for the first well." Motion Petty, second DiVirgilio. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. Further Action: To extend the meeting past 10:30 p.m. and table item 6a. Motion Barragan, second Fangary. The motion carried by a unanimous vote. At 10:30 p.m. the meeting recessed. At 10:50 p.m. the meeting reconvened. Council discussion ensued. The public hearing reopened at 10:58 p.m. Coming forward to address the Council on this item were: Nicki Carlsen, E&B attorney Justin Massey The public hearing closed at 11:10 p.m. Council discussion continued. At 11:55 p.m. the meeting recessed. At 12:15 a.m., the meeting reconvened. Following Council discussion, the public hearing on the oil and gas pipeline franchise opened at 12:48 a.m. Coming forward to address the Council on this item was: Lauren Pizer Mains The public hearing closed at 12:49 a.m. Following additional Council discussion, the public hearing on adoption of the Resolution calling for the election opened at 12:53 p.m. Coming forward to address the Council on this item were: Jose Bacallao Joe Galliani Mike Finch, E&B Vice President Lauren Pizer Mains Craig Cadwallader, Surfrider Foundation South Bay Chapter City Council Minutes 11-13-14 Page 14137 • • • The public hearing closed at 12:58 a.m. Action: To accept, in the Development Agreement, the language in 4.1.2(c) as agreed upon by both parties this evening; in 5.1.3 with the deletion of the last sentence; in 5.1.4.2 as revised this evening; in 6.16 as written; in 6.26 as proposed by Councilmember Petty this evening; with the remaining deletions as read by City Attorney Jenkins this evening. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. Further Action: To adopt Resolution No. 14-6926, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 3, 2015, FOR SUBMISSION OF AN ORDINANCE TO THE ELECTORATE RELATING TO A PROPOSED OIL AND GAS DRILLING AND PRODUCTION PROJECT PROPOSED BY E&B NATURAL RESOURCES MANAGEMENT CORPORATION FOR THE CITY MAINTENANCE YARD AT 555 SIXTH STREET." Motion DiVirgilio, second Fangary. The motion carried 4-1, noting the dissenting vote of Barragan. Proposed Action: To amend the ballot measure wording contained in the above adopted resolution by removing the word "Corporation" and adding "significant" before "unavoidable environmental impacts." Motion Fangary, second Barragan. The motion failed, noting the dissenting votes of DiVirgilio, Petty and Mayor Tucker. PART B: RESOLUTIONS FOR THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION ON MARCH 3, 2015, TO SUBMIT TO THE ELECTORATE A MEASURE REGARDING A PROPOSED OIL/GAS DRILLING/PRODUCTION RPOJECT: (1) REQUEST FOR COUNTY SERVICES; (2) SET ARGUMENT PRIORITIES AND/OR DIRECT IMPARTIAL ANALYSIS; (3) PROVIDE FOR REBUTTALS; AND (4) AUTHORIZE CITY CLERK'S ELECTION COMPENSATION. Memorandum from City Clerk Elaine Doerfing dated November 3, 2014. City Clerk Doerfling presented the report and responded to Council questions. Action: To adopt Resolution No. 14-6927, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2015." Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 11-13-14 Page 14138 • Further Action: To adopt Resolution No. 14-6928, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE TO BE SUBMITTED AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 3, 2015." Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. Further Action: To adopt Resolution No. 14-6929, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE TO BE SUBMITTED AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 3, 2015." Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. Further Action: To adopt Resolution No. 14-6930, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 3, 2015." Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. Proposed Action: To direct mailing to Hermosa voters the full 76 -page mailer, including the Ordinance, Development Agreement and Exhibit C. Motion Barragan, second Tucker. The motion was subsequently withdrawn by Barragan. Final Action: To direct mailing to Hermosa voters an abridged 28 -page mailer, to include the Ordinance. Motion Petty, second DiVirgilio. The motion carried 4-1, noting the dissenting vote of Barragan. 6. MUNICIPAL MATTERS (a) SUPPLEMENT TO AWARD THE DOWNTOWN PUBLIC SAFETY CAMERA BID. (Continued from meeting of August 26, 2014) Memorandum from Police Chief Sharon Papa dated November 4, 2014. This item was continued to a future meeting. (b) POLICY DISCUSSION / DIRECTION / POSSIBLE ACCEPTANCE OF DOWNTOWN CORE REVITALIZATION STRATEGY AND GUIDELINES REGARDING CATALYST PROJECTS AND DETERMINE THE ACTIVITY IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL City Council Minutes 11-13-14 Page 14139 QUALITY ACT. Memorandum from Community Development Director Ken • Robertson dated November 3, 2014. This item was continued to a future meeting. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) LIVING STREETS POLICY UPDATE. Memorandum from Interim Public Works Director Diane Strickfaden dated November 4, 2014. This item was continued to a future meeting. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meetings of September 9, September 23, October 14, and November 5, 2014) Memorandum from City Clerk Elaine Doerfling dated September 15, 2014. This item was continued to a future meeting. (b) VACANCIES — BOARDS AND COMMISSIONS — PUBLIC WORKS COMMISSION APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated November 5, 2014. This item was continued to a future meeting. 9. OTHER MATTERS - CITY COUNCIL (a) REQUEST BY COUNCILMEMBER FANGARY THAT THE CITY COUNCIL DIRECT STAFF TO AGENDIZE A DISCUSSION OF TRANSPORTATION/ TRANSIT ALTERNATIVES AS RELATED TO THE COUNCIL'S CARBON NEUTRALITY GOALS. This item was continued to a future meeting. ADJOURNMENT - The Regular meeting of the City Council of the City of Hermosa Beach adjourned on Friday, November 14, 2014, at the hour of 2:03 a.m. to the Regular meeting at 6:00 p.m. on Tuesday, November 25, 2014 in Council Chambers. Deputy City Clerk City Council Minutes 11-13-14 Page 14140 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 25, 2014, at the hour of 6:05 p.m. PLEDGE OF ALLEGIANCE — Dency Nelson ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Mayor pro tem Barragan noted the scholarship she received to attend a recent elected officials' conference in Washington, D.C. Mayor Tucker invited donations for the 23rd annual Beach Cities Toy Drive, which culminates in a wrapping party on Saturday, December 20; announced tomorrow's West Basin Municipal Water District dedication of the City's new ocean friendly garden; said the Fire Department will receive a new fire engine and ambulance this Thursday; and encouraged pickleball enthusiasts to attend the December 3 Parks, Recreation and Community Resources Advisory Commission meeting. PROCLAMATIONS/PRESENTATIONS LEADERSHIP HERMOSA BEACH EMERGING LEADER AWARD WINNERS Laura Misel, along with fellow Leadership Hermosa alumni Joey Farrales and Ray Dussault, presented the awards to winners in Adult, Youth and Organization categories: Lori Ford, Ethan Montana and PROJECTtouch respectively. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Craig Cadwallader, Surfrider Foundation South Bay Chapter Ray Dussault Dency Nelson Mike Collins Andrea Giancoli Ute Lorenz (recited and submitted a poem) (a) Letter from Fred Huebscher regarding comments made at the City Council meeting of November 5, 2014. No one from the public came forward to address the Council on this matter. City Council Minutes 11-25-14 Page 14141 • Action: To receive and file the letter. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: City Clerk Doerfling responded to comments made by Fred Huebscher in his supplemental email regarding item 2(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(e) and (f), Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING CITY COUNCIL MEETING MINUTES. Supplemental email from Fred Huebscher received November 25, 2014. Action: To receive and file the memorandum from City Clerk Doerfling regarding City Council meeting minutes. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) November 6, 2014 (Check nos. 75758 through 75838; 149375; 1451723; 11052014 and 14602048) 2) November 13, 2014 (Check nos. 75839 through 75895; and CANCELLATION of check nos. 73847; 75406 and 75843) Action: To ratify the check registers and to approve cancellation of certain checks as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. 1) Tentative Future Agenda dated November 5, 2014 (Continued from meeting of November 13, 2014) 2) Tentative Future Agenda dated November 19, 2014 Action: To receive and file the Tentative Future Agenda Items. (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN NOWICKI REGARDING REVENUE AND EXPENDITURE REPORTS, CASH BALANCE REPORT, AND THE CITY TREASURER'S REPORT FOR OCTOBER 2014. City Council Minutes 11-25-14 Page 14142 Action: To receive and file the memorandum, as recommended by Finance • Director Copeland and City Treasurer Nowicki. • • (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 17, 2014. (f) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Community Development Director Robertson responded to Council questions. Action: To receive and file the action minutes of the Planning Commission meeting of November 17, 2014. Motion Fangary, second Barragan. The motion carried by a unanimous vote. IT IS RECOMMENDED THAT THE CITY COUNCIL: (1) AWARD THE PROFESSIONAL SERVICES AGREEMENT TO MBF CONSULTING, INC. (MBF) TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR PROJECT CIP NO. 14-128 — STREET IMPROVEMENTS — VARIOUS LOCATIONS, IN THE AMOUNT OF $71,995; (2) AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED DESIGN CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND (3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE CONTRACT WITHIN 10% OF THIS CONTRACT AMOUNT. Memorandum from Associate Engineer Homayoun Behboodi dated November 12, 2014. Supplemental information from Interim Public Works Director Diane Strickfaden received November 24, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Interim Public Works Director Strickfaden responded to Council questions. Action: To approve the staff recommendation to: 1) Award the Professional Services Agreement to MBF Consulting, Inc. (MBF) to provide design and engineering services for Project CIP No. 14- 128 — Street Improvements — Various Locations, in the amount of $71,995; 2) Authorize the Mayor to execute and the City Clerk to attest the attached design contract subject to approval by the City Attorney; and 3) Authorize the Director of Public Works to make changes to the contract within 10% of this contract amount. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE CIP PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Diane Strickfaden dated November 18, 2014. City Council Minutes 11-25-14 Page 14143 Action: To receive and file the report giving the status of capital improvement projects that are either under design or construction as of October 31, 2014. 3. CONSENT ORDINANCES (a) ORDINANCE NO. 14-1348 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A HOLIDAY SAFETY ENHANCEMENT ZONE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO RECLASSIFY CERTAIN INFRACTIONS THAT OCCUR WITHIN THE HOLIDAY SAFETY ENHANCEMENT ZONE AS MISDEMEANERS, AND RECLASSIFYING VIOLATIONS OF ANIMAL, REFUSE COLLECTION, NOISE AND SMOKING REGULATIONS FROM THE ADMINISTRATIVE PENALTY PROGRAM TO CRIMINAL VIOLATIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Memorandum from City Clerk Elaine Doerfling dated November 17, 2014. Supplemental email from Fred Huebscher received November 25, 2014. Coming forward to address the Council on this item were: Craig Cadwallader, Surfrider Foundation South Bay Chapter Barbara Ellman Action: To waive full reading and adopt Ordinance No. 14-1348. Motion DiVirgilio, second Petty. The motion carried by the following vote: AYES: DiVirgilio, Fangary, Petty, Mayor Tucker NOES: Mayor pro tem Barragan ABSENT: None ABSTAIN: 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 — None 6. MUNICIPAL MATTERS (a) HOLIDAY FREE PARKING PROGRAM UPDATE. Memorandum from Management Analyst Nico De Anda-Scaia dated November 17, 2014. • Management Analyst De Anda-Scaia presented the staff report and responded to Council questions. City Council Minutes 11-25-14 Page 14144 • • No one came forward to address the Council on this item. Action: To approve free parking on all silver meters* from Monday, December 15, 2014 through Monday, December 29, 2014 within posted meter time limits. (*Does not include the downtown parking structure or parking lots A and B. Regular, full-time rates apply at these three locations.) Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. (b) POLICY DISCUSSION / DIRECTION / POSSIBLE ACCEPTANCE OF DOWNTOWN CORE REVITALIZATION STRATEGY AND GUIDELINES REGARDING CATALYST PROJECTS AND DETERMINE THE ACTIVITY IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Memorandum from Community Development Director Ken Robertson dated November 19, 2014. Supplemental emails from Carol Reznichek and Bonnie Cohn, both received November 25, 2014. Community Development Director Roberson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Sheryl Main Ray Dussault Roger Carrillo Julian Katz Barbara Ellman Sandy Seamann Following discussion, the Council provided general direction to staff. At 8:55 p.m., the meeting recessed. At 9:12 p.m., the meeting reconvened. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) LIVING STREETS POLICY UPDATE. (Continued from meeting of November 13, 2014) Memorandum from Interim Public Works Director Diane Strickfaden dated November 4, 2014. Interim Public Works Director Strickfaden presented the update and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item were: Julian Katz Andrea Giancoli Craig Cadwallader, Surfrider Foundation South Bay Chapter City Council Minutes 11-25-14 Page 14145 Action: To receive and file the update. • Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. • (b) CITY ATTORNEY SERVICES UPDATE. Memorandum from Assistant to the City Manager Diane Strickfaden dated November 14, 2014. Supplemental email from Howard Longacre dated November 22, 2014. Supplemental emails from Jim Sullivan, Claudia Berman and Dave Andrews, all dated November 24, 2014. At 9:34 p.m., City Attorney Jenkins recused himself from the meeting and left the room. City Manager Bakaly presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Sandy Saemann Proposed Action: To begin an annual review process for the City Attorney and initiate a Request for Proposals for City Attorney services in March of 2015 with an April 1, 2015 deadline for submittals. Motion Barragan, second Fangary. The motion was replaced by a substitute motion below. Substitute Action: To receive and file the update and direct staff to return after the March 3, 2015 election with a review process, perhaps a 360 -Degree Performance Appraisal template, for Council review of the City Attorney. Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. At 9:58 p.m., City Attorney Jenkins returned to the meeting. (c) STATUS OF CYPRESS AVENUE DISTRICT: ZONING DIRECTION. Memorandum from Community Development Director Ken Robertson dated November 18, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the update. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (d) UPDATE ON ROLL-OUT OF CAR2GO CARSHARING PROGRAM. Memorandum from Community Development Director Ken Robertson dated November 18, 2014. City Council Minutes 11-25-14 Page 14146 Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Scott Alevy, car2go Craig Cadwallader, Surfrider Foundation South Bay Chapter Action: To receive and file the update. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (e) EVENTS CALENDAR UPDATE. Memorandum from Assistant to the City Manager Diane Strickfaden dated November 17, 2014. City Manager Bakaly presented the update and responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the update. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL (a) CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of September 9, 2014, September 23, 2014, October 14, 2014, November 5, 2014 and November 13, 2014) Memorandum from City Clerk Elaine Doerfling dated September 15, 2014. City Clerk Doerfling presented the report and responded to Council questions. Action: By consensus, the City Council deleted the following obsolete committees/ subcommittees: Coordinating Council, South Bay Youth Project, and Oil Development Agreement Negotiations. Further Action: By consensus, Councilmember Fangary was appointed delegate and Mayor pro tem Barragan alternate to the Independent Cities Association. Further Action: By consensus, Councilmember Fangary was appointed alternate to the South Bay Cities Council of Governments, maintaining Councilmember DiVirgilio as delegate. Further Action: To appoint Councilmembers Petty and DiVirgilio to the City - School District subcommittee. Motion Petty, second DiVirgilio. The vote, which was suspended pending the outcome of the two subsequent motions, is shown below. City Council Minutes 11-25-14 Page 14147 • • Proposed Substitute Action: To appoint Mayor pro tern Barragan and either Councilmember Petty or Councilmember DiVirgilio (at their discretion) to the City -School District subcommittee. Motion Barragan. The motion died for lack of a second. Proposed Substitute Action: To appoint Mayor pro tern Barragan and Councilmember Petty to the City -School District subcommittee. Motion Barragan. The motion died for lack of a second. The main motion, to appoint Councilmembers Petty and DiVirgilio to the City - School District subcommittee, carried 4-1, noting the dissenting vote of Barragan. Final Action: By consensus: (1) Mayor Tucker was appointed delegate and Mayor pro tern alternate to the West Basin Water Association subcommittee; (2) Mayor Tucker and Mayor pro tern Barragan were appointed to the Public Communications subcommittee; and (3) Mayor Tucker was appointed delegate and Mayor pro tern Barragan alternate to the Metropolitan Transportation Authority City Selection Committee. (b) VACANCIES — BOARDS AND COMMISSIONS — PUBLIC WORKS COMMISSION APPOINTMENTS. (Continued from meeting of November 13, 2014) Memorandum from City Clerk Elaine Doerfling dated November 5, 2014. Action: To appoint (by weighted vote) Rob Saemann and Andrea Giancoli to four-year Public Works Commission terms that will expire October 31, 2018. 9. OTHER MATTERS - CITY COUNCIL (a) REQUEST BY COUNCILMEMBER FANGARY FOR THE CITY COUNCIL TO DIRECT STAFF TO REPORT BACK AT A FUTURE MEETING WITH A DISCUSSION OF TRANSPORTATION i TRANSIT ALTERNATIVES AS RELATED TO COUNCIL'S CARBON NEUTRALITY GOALS. (Continued from meeting of November 13, 2014) Councilmember Fangary spoke to his request, garnering support from DiVirgilio, Barragan, and Petty. ADJOURNMENT - The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 25, 2014, at the hour of 11:00 p.m., to a 5:30 p.m. Closed Session to take place prior to the Regular meeting of Tuesday, December 9, 2014, at 7 p.m. in Council Chambers. • City Clerk Deputy City Clerk City Council Minutes 11-25-14 Page 14148 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, December 9, 2014, at the hour of 5:31 p.m. ROLL CALL: Present: Barragan, Fangary, DiVirgilio, Petty, Mayor Tucker Absent: None PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: Closed Session meeting held November 5, 2014. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 9, 2014, at the hour of 5:32 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session adjourned back to Open Session. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 9, 2014, at the hour of 6:55 p.m. to the Regular Meeting of the same date, scheduled to begin at 7:00 p.m. City Council Minutes 12-09-14 Page 14149 • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 9, 2014, at the hour of 7:16 p.m. PLEDGE OF ALLEGIANCE — Sal Longo ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None Maintaining what has become an annual tradition at the Council's regular meeting in December, City Attorney Jenkins called forward the Mira Costa High School Choir to perform three holiday songs, led by Choral Program Director Michael Hayden. CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments were received prior to the closed session, no items were added to the agenda, and no reportable actions were taken. Action: By consensus, the Council moved agenda item 6(b) forward to follow the consent calendar and deferred item 6(d) to the December 16, 2014 meeting. ANNOUNCEMENTS — Mayor Tucker noted ongoing PCH/Aviation Improvement Project studies/reports, and meetings with committee members, staff and Caltrans; invited donations to the Beach Cities Toy Drive, which culminates in a wrapping party on Saturday, December 20; said supplying poinsettias in Council Chambers for the holidays is his small way of thanking staff for their hard worky; said February 16 is the deadline to register to vote in the March 3 election; and asked that tonight's meeting be adjourned in memory of Doug Schneider. PROCLAMATIONS/PRESENTATIONS SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY Denise di Pasquale presented the update, citing the Board's accomplishments and activities of last quarter. WINNER OF 5TH ANNUAL HERMOSA BEACH PARKING PERMIT ART CONTEST Finance Director Viki Copeland gave a brief history of the contest, which is in its fifth year, and congratulated Cata Cruz for her winning design. Ms. Cruz said she had designed the artwork in honor of her late neighbor, who loved pelicans. PUBLIC PARTICIPATION: City Council Minutes 12-09-14 Page 14150 • 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Suni Keeling George Renshaw, Hermosa Lawn Bowling Jeff Duclos Sal Longo Lesley Wright George Barks Allan Mason Jim Sullivan, Protecting Hermosa's Future Craig Cadwallader, Surfrider Foundation South Bay Lauren Pizer Mains Jose Bacallao Ray Dussault Barbara Ellman Brad Pautscm (a) Letter from Bonnie Cohn dated November 25, 2014 regarding dogs on the beach. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. (b) Letter from Howard Lonqacre dated December 1, 2014 regarding statement made by City Attorney Mike Jenkins and other height limit matters. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: (a) Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(h), (i) and (j) Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on May 5, 2014; 2) Minutes of the Adjourned Regular meeting held on May 8, 2014; 3) Minutes of the Adjourned Regular meeting held on May 10, 2014; and 4) Minutes of the Regular meeting held on May 13, 2014. City Council Minutes 12-09-14 Page 14151 Action: To approve as presented the minutes of the City Council's Adjourned Regular meetings of May 5, 2014; May 8, 2014; and May 10, 2014; and the Regular meeting of May 13, 2014. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1) November 20, 2014 (Check Nos. 75896 through 75999, 1492047, and 1490922001) 2) November 20, 2014 (Check No. 11202014) 3) November 26, 2014 (Check No. 76000) 4) November 26, 2014 (Check Nos. 76001 through 76052, and 1491512) Action: To ratify the check registers. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Supplemental letter from Howard Longacre received December 8, 2014. Action: To receive and file Tentative Future Agenda Items. S (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST, SEPTEMBER AND OCTOBER 2014 FINANCIAL REPORTS. Supplemental letter from Fred Huebscher received December 6, 2014. Supplemental letter from Howard Longacre received December 8, 2014. 1) Revenue and Expenditure Reports; 2) Cash Balance Reports; and 3) City Treasurer's Reports. Action: To receive and file the August, September and October 2014 Financial Reports, as presented. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 3, 2014. Supplemental memorandum from Community Development Director Ken Robertson received December 9, 2014. (f) Action: To receive and file the action minutes of the Planning Commission meeting of December 3, 2014. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 15, 2014. City Council Minutes 12-09-14 Page 14152 • (g) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 15, 2014. RECOMMENDATION TO RECEIVE AND FILE THE ATTACHED 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 2015 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 26, 2014. Action: To receive and file the 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 2015 calendar year, as recommended by the City Clerk. (h) RECOMMENDATION TO: (1) AUTHORIZE STAFF TO ISSUE A CONTRACT CHANGE ORDER TO VASILJ, INC. FOR THE CIP NO. 13-401 TO CONSTRUCT THE HERONDO STREET RECLAIMED WATERLINE IN THE AMOUNT OF $138,130; (2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET; AND (3) APPROPRIATE THE $40,000 GRANT FROM WEST BASIN WATER DISTRICT TO A NEW GRANT FUND. Memorandum from Project Manager Victor Chavez dated December 1, 2014. (i) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Action: To approve the staff recommendation to: 1) Authorize staff to issue a contract change order to Vasilj, Inc. for the CIP No. 13-401 to construct the Herondo Street reclaimed waterline in the amount of $138,130; 2) Authorize the Director of Public Works to make changes as necessary within the Project budget; and 3) Appropriate the $40,000 grant from West Basin Water District to a new grant fund. Motion Fangary, second DiVirgilio. The motion carried, noting the absence of Barragan. RECOMMENDATION TO REJECT ALL BIDS FOR CIP NO. 11-537 SOUTH PARK PHASE 1 IMPROVEMENTS -PLAYGROUND REMODEL AND DIRECT STAFF TO ISSUE A NEW "NOTICE INVITING BIDS" FOR THE PROJECT. Memorandum from Associate Engineer Mondher Saied dated December 2, 2014. This item was removed from the consent calendar by Councilmember • Fangary for separate discussion later in the meeting. City Council Minutes 12-09-14 Page 14153 Interim Public Works Director Strickfaden presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) Reject all bids for CIP No. 11-537 South Park Phase 1 Improvements — Playground Remodel; and 2) Direct staff to issue a new "Notice Inviting Bids" for the Project. Motion Fangary, second DiVirgilio. The motion carried, noting the absence of Barragan. (j) RECOMMENDATION TO APPROVE AN AGREEMENT WITH PENCO ENGINEERING TO PROVIDE SEWER FEE STUDY SERVICES FOR A NOT -TO -EXCEED AMOUNT OF $20,000. Memorandum from Interim Public Works Director Diane Strickfaden dated December 1, 2014. This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. Action: To approve an agreement with Penco Engineering to provide Sewer Fee Study services for a not -to -exceed amount of $20,000. Motion Fangary, second DiVirgilio. The motion carried, noting the absence of Barragan. • (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72362 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 705 15T PLACE. Memorandum from Community Development Director Ken Robertson dated December 2, 2014. (1) (m) Action: To adopt Resolution No. 14-6931, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72362, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 705 1ST PLACE IN THE CITY OF HERMOSA BEACH, CALIFORNIA," as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72450 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 708 2"d STREET. Memorandum from Community Development Director Ken Robertson dated December 2, 2014. Action: To adopt Resolution No. 14-6932, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72450, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 708 2ND STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA," as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #72277 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 633 City Council Minutes 12-09-14 Page 14154 5TH STREET. Memorandum from Community Development Director Ken • Robertson dated December 2, 2014. Action: To adopt Resolution No. 14-6933, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72277, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 633 5TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA," as recommended by staff. (n) RECOMMENDATION TO: (1) ACCEPT THE WORK PERFORMED BY ALL AMERICAN ASPHALT, INC. FOR CIP NO. 13-127 AS COMPLETE; (2) AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND (3) AUTHORIZE STAFF TO RELEASE PAYMENT TO ALL AMERICAN ASPHALT, INC. (NO EARLIER THAN 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Project Manager Victor Chavez dated December 1, 2014. Action: To approve the staff recommendation to: 1) Accept the work performed by All American Asphalt, Inc. for the CIP No. 13-127 as complete; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Authorize staff to release payment to All American Asphalt, Inc. (no earlier than 35 days following filing of Notice of Completion). At 8:34 p.m., the order of the agenda moved to Municipal Matter item 6(b). 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 — None 6. MUNICIPAL MATTERS (a) UPDATE ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT; CONSIDERATION OF COMMUNICATIONS PLAN, COUNCIL UPDATES, CAMPAIGNING ISSUES; TIMING OF DISCUSSION ON POTENTIAL DEBT FINANCING AND CITY YARD RELOCATION ISSUES; AND/OR DIRECTION ON OTHER MATTERS CONCERNING THE PROJECT. (Continued from meeting of October 14, 2014) Memorandum from Community Development Director Ken Robertson dated December 2, 2014. Supplemental letters from Claudia Berman and Kathy Sliff, both City Council Minutes 12-09-14 Page 14155 received December 7, 2014. Supplemental letter from Scott Hebl received • December 9, 2014. • Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly, City Attorney Jenkins, and Public Information Officer Casey also responded to Council questions. Coming forward to address the Council on this item were: Craig Cadwallader, Surfrider Foundation South Bay Chapter Jeff Duclos Phil Friedl Michael Binder Dency Nelson Chris Prenter Martha Logan Arcadia Keane Lauren Pizer Mains George Barks Stacey Armato Betsy Ryan (Mayor Pro Tem Barragan returned to the meeting at 10:39 p.m.) Action: To approve the staff recommendation to: 1) Approve the Communications Plan; 2) Confirm that Council desires to be provided monthly updates at City Council meetings; 3) Provide direction regarding timing of Council discussion of options for relocation of the City Maintenance Yard should the ballot measure pass; 4) Provide direction that no campaign materials may be distributed or deposited at City Hall, the City Council lobby and Chambers, or within any City buildings where it may be mistaken for official City literature; 5) Affirm that the City Manager will maintain a Fact Check sheet on the City's website regarding factually incorrect or misleading campaign materials that have been investigated and report the result of investigations made at City Council meetings; and 6) Provide direction on other matters addressed in this report as may be desired, and make revisions as well. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. Further Action: To direct staff to return with a compilation of the finance work that has been done by staff and consultants (as generally outlined in the CBA), with further direction for staff to include a "bond 101" briefing. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (At 11:30 p.m., Mayor pro tem Barragan left the meeting) City Council Minutes 12-09-14 Page 14156 (b) SUPPLEMENT TO AWARD THE DOWNTOWN PUBLIC SAFETY CAMERA BID. (Continued from meeting of August 26 and November 13, 2014) Memorandum from Police Chief Sharon Papa dated November 4, 2014. Police Chief Papa presented the staff report and responded to Council questions. Chris Jeske of Sierra Group came forward to respond to Council questions. Coming forward to address the Council on this item were: JD Wilcox Jeff Duclos Jess Lurie Ray Dussault Ute Lorenz Tracy Hopkins Action: To approve the staff recommendation to: 1) Award the Downtown Public Safety Camera bid to Sierra Group; 2) Authorize the City Manager to sign an agreement with Sierra Group to install a security camera system downtown. [The total project cost is $235,588.46. Partial funding was approved in the 2013-2014 budget utilizing COPS Funds ($123,914). Additional funding needs to be appropriated from the Asset Forfeiture Fund ($69,074.02), the General Fund ($16,682.44), and additional COPS funds of $25,918 to complete the project]; and 3) Review and approve the Public Safety Camera System Policy (with one correction discussed this evening) to be implemented by the Chief of Police. Motion Barragan, second Fangary. The motion carried by a unanimous vote. At 9:10 p.m., the meeting recessed. At 9:29 p.m., the meeting reconvened, with Mayor pro tem Barragan absent, and the order of the agenda moved to item 4, followed by items 6(a) and 6(c). (c) RECEIVE INFORMATION ON GENERAL PLAN/COASTAL LAND USE PLAN: VISION AND GUIDING PRINCIPLES. Memorandum from Community Development Director Ken Robertson dated December 9, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the report in preparation for the December 16th Joint City Council/Planning Commission Study Session on General Plan/Coastal Land Use Plan Update: Direction on Vision and Guiding Principles, and Way Forward. City Council Minutes 12-09-14 Page 14157 • • Motion DiVirgilio, second Petty. The motion carried, noting the absence of Barragan. (d) REVIEW OF PLANNING COMMISSION RECORD CONCERNING SEMI- ANNUAL REVIEW OF CONDITIONAL USE PERMITS ALLOWING ON -SALE ALCOHOL IN CONJUNCTION WITH A RESTAURANT PERTAINING TO AMERICAN JUNKIE AND PATRICK MALLOY'S LOCATED AT 50A AND 58- 60 PIER AVENUE, RESPECTIVELY, AND DETERMINATION OF WHETHER TO SET CONDITIONAL USE PERMIT(S) MODIFICATION/REVOCATION HEARING. Memorandum from Community Development Director Ken Robertson dated December 2, 2014. Supplemental letter (with attachments) from Sheryl Main received December 8, 2014. This item was postponed to the December 16, 2014 meeting. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL (a) Request from Councilmember Fangary for City Council to direct staff to return January 27, 2015 to consider a resolution opposing the oil measure. Due to the absence of Mayor pro tem Barragan, Councilmember Fangary withdrew his request until the next meeting. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Doug Schneider on Tuesday, December 9, 2014, at the hour of 11:46 p.m. to an Adjourned Regular meeting on Tuesday, December 16, 2014 starting at 6:00 p.m., for the purpose of conducting: (1) a joint study session with the Planning Commission on General Plan/Coastal Land Use Plan Update: Direction on Vision, Guiding Principles and Way Forward; (2) a continuation of the Council meeting; and (3) a closed session. .Kr...._ Deputy City Clerk City Council Minutes 12-09-14 Page 14158 • MINUTES OF THE ADJOURNED REGULAR MEETING of the City of Hermosa Beach, California, held on Tuesday, December 16, 2014, at the hour of 6:00 p.m. PLEDGE OF ALLEGIANCE — Mayor Tucker ROLL CALL: Present: Fangary, Petty, Mayor Tucker Absent: DiVirgilio (arrived at 6:15 p.m.), Barragan (arrived at 7:55 p.m.) 1. CITY COUNCIL/PLANNING COMMISSON JOINT STUDY SESSION PLANNING COMMISSION: Present: Allen, Hoffman, Pizer, Perrotti, Chairman Flaherty Absent: None (a) GENERAL PLAN/COASTAL LAND USE PLAN UPDATE: DIRECTION ON VISION AND GUIDING PRINCIPLES, AND WAY FORWARD. Memorandum from Community Development Director Ken Robertson dated December 9, 2014. Supplemental letter (with attachments) from Sheryl Main dated December 16, 2014. Community Development Director Robertson said this meeting is for the purpose of receiving Council direction regarding the vision and guiding principles of the General Plan/Coastal Land Use Plan. He then introduced, from Raimi + Associates, Matthew Burris, Associate Principal, AICP, LEED- AP, and Leeanne Singleton, AICP, LEED AP, Senior Planner, who gave a PowerPoint presentation of their draft vision and draft guiding principles. Councilmember DiVirgilio arrived at 6:15 p.m. • OVERVIEW OF PURPOSE AND PROCESS: Mr. Burris and Ms. Singleton of Raimi + Associates gave a brief overview of the purpose and process of the General Plan/Coastal Land Use Plan. • DIRECTION ON VISION STATEMENT: (All public comment was taken at this time.) Coming forward to address the Council on this item were: Gila Katz Julian Katz Andrea Giancoli George Schmeltzer Mary Campbell Jim Sullivan Roger Carrillo City Council Minutes 12-16-14 Page 14159 Planning Commissioners shared comments and Council provided direction. Planning Commissioner Kent Allen asked that this meeting be adjourned in memory of Susan Behrens. • DIRECTION ON GUIDING PRINCIPLES: Planning Commissioners shared comments and Council provided direction. • NEXT STEPS Planning Commissioners shared comments and Council provided direction. 2. PLANNING COMMISSION MEETING ADJOURNMENT — 7:29 pm At 7:30 p.m., the City Council meeting recessed. At 7:55 p.m., the meeting reconvened, with all Councilmembers present. 3. CITY COUNCIL ITEMS Action: To add Announcements to the agenda and change the order of the agenda to hear item 3(d) before item 3(c), per City Attorney Jenkins. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. ANNOUNCEMENTS — Councilmember Fangary praised the December 13 open house at the Police Department; announced the Kiwanis Club's tree lot at the of Pier Avenue/Pacific Coast Highway intersection; said the agenda did not adequately describe the Closed Session item, so he would not attend. Mayor pro tem Barragan apologized for missing this evening's joint meeting with the Planning Commission; announced the Environmental Impact Forum to be held February 12 at the Hermosa Community Center. Mayor Tucker encouraged participation in the 23rd annual Beach Cities Toy Drive, which culminates with a wrapping party on December 20 at the Joslyn Center in Manhattan Beach. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. City Manager Bakaly noted the cancellation of the Council's holiday dinner on December 18 and the City Council retreat on December 19. Action: To receive and file Tentative Future Agenda Items, as revised above. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (a) REVIEW OF PLANNING COMMISSION RECORD CONCERNING SEMI- ANNUAL REVIEW OF CONDITIONAL USE PERMITS ALLOWING ON -SALE City Council Minutes 12-16-14 Page 14160 ALCOHOL IN CONJUNCTION WITH A RESTAURANT PERTAINING TO AMERICAN JUNKIE AND PATRICK MALLOY'S LOCATED AT 50A AND 58- 60 PIER AVENUE, RESPECTIVELY, AND DETERMINATION OF WHETHER TO SET CONDITIONAL USE PERMIT(S) MODIFICATION/ REVOCATION HEARINGS. (Continued from meeting of December 9, 2014) Memorandum from Community Development Director Ken Robertson dated December 2, 2014. Supplemental email from Sheryl Main received December 8, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Papa also responded to Council questions. Coming forward to address the Council on this item were: Fred Hahn, Patrick Molloy's Kevin Barry, American Junkie Chris Pike, American Junkie Deborah Fox, attorney Meyers Nave Ray Dussault Jim Sullivan Sheryl Main Action: To receive and file the report, and direct staff to continue working on the matter. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. At 9:34 p.m., the meeting recessed. At 9:45 p.m., the meeting reconvened. PUBLIC COMMENTS: Coming forward to address the Council at this time were: Jim Sullivan Clayton Shepherd Alice Villalobos At 9:54 p.m., the order of the agenda moved to item 3(d). (b) OTHER MATTERS: REQUEST FROM COUNCILMEMBER FANGARY FOR CITY COUNCIL TO DIRECT STAFF TO RETURN JANUARY 27, 2015 TO CONSIDER A RESOLUTION OPPOSING THE OIL MEASURE. • Councilmember Fangary withdrew his request. City Council Minutes 12-16-14 Page 14161 • At 10:37 p.m., the order of the agenda moved to item 3(e), the closed session. (c) ALLEGATION OF BROWN ACT VIOLATION UNDER GOVERNMENT CODE SECTION 54960.2. THE CITY COUNCIL WILL RESPOND TO THE ALLEGATION OF BROWN ACT VIOLATION AND REQUEST TO CEASE AND DESIST SET FORTH IN THE ATTACHED LETTER FROM RAYMOND DUSSAULT DATED DECEMBER 11, 2014. Supplemental staff report from City Attorney Jenkins dated December 15, 2014, in response to Mr. Dussault's letter. City Attorney Jenkins presented his staff report and responded to Council questions. Coming forward to address the Council on this item was: Raymond Dussault, spoke to his letter Action: To receive and file. Motion Fangary, second Barragan. The motion was replaced by a substitute motion. Substitute Action: To authorize Mayor Tucker to transmit to Mr. Dussault a letter of response, per option 2, as revised based upon tonight's discussion. Motion DiVirgilio, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. (e) CLOSED SESSION PUBLIC COMMENTS — No one came forward to address the Council on any closed session agenda items. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1) MINUTES: Approval of minutes of Closed Session meeting held on December 9, 2014. 2) CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Representative: Mayor Unrepresented Employee: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular meeting of the City Council of the City of Hermosa Beach adjourned at 10:38 p.m., Tuesday, December 16, 2014, to a closed session, with all Councilmembers present. City Council Minutes 12-16-14 Page 14162 RECONVENE TO OPEN SESSION — At the hour of 11:20 p.m., the Closed Session adjourned to the Adjourned Regular Meeting. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 16, 2014, at the hour of 11:21 p.m. to the Regular meeting of Tuesday, January 13, 2015 in Council Chambers. City Clerk • Deputy City Clerk City Council Minutes 12-16-14 Page 14163 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, January 13, 2015 6:00 PM Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes January 13, 2015 6:00 P.M. — STUDY SESSION CALL TO ORDER — 6:10 p.m. PLEDGE OF ALLEGIANCE— Michael Bell ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None EVENTS POLICY DISCUSSION (CONTINUED) ID#2014-0129 Memorandum from Assistant to the City Manager Diane Strickfaden. SPECIAL EVENTS POLICY DISCUSSION Attachments: Study Session Presentation 01.13.15 Ocean Spray App 1. TYPES OF EVENTS (This item was addressed at the City Council Study Session of September 9, 2014) • Summary: At the Study Session of September 9, 2014, the City Council discussed one of the policy questions (Types of Events) and provided feedback stating that Council was currently satisfied with the family friendly nature of most events, and would continue to rely on staff to regulate events that did not meet City obligations. In addition, Council stated that they did not want to regulate special event sponsors (including alcohol sponsors) at this time. The Study Session was then continued to a future meeting. For the purposes of this report, staff will begin with policy question two, below, titled "Quantity of Events." 2. QUANTITY OF EVENTS • Does the Council wish to limit the number of total special events that can be scheduled in a year? 3. SIZE OF EVENTS • Does the Council wish to place a limit on the number of events based on size/category? 4. RETURN ON INVESTMENTS 5. LEVEL OF OVERSIGHT • Does the Council desire to approve each event individually or delegate these duties to staff and the Parks and Recreation Commission? Hermosa Beach Page 1 Printed on 10/10/2015 • • City Council Meeting Minutes January 13, 2015 6. RELATIONSHIP TO GENERAL PLAN/LCP PROCESS • Does Council intend the direction provided today to serve as its definitive policy or more of an interim policy which may or should be revisited/confirmed as part of the future General Plan/Local Coastal Plan (LCP) update process? Assistant to the City Manager Strickfaden and City Manager Bakaly responded to Council questions. General discussion ensued. Council provided direction to staff. FIESTA DISCUSSION ID#2014-0127 FIESTA HERMOSA - REVIEW OF CONTRACT WITH CHAMBER OF COMMERCE Attachments: Council Jan 13 Fiesta Hermosa Decision Makinq Tool Hermosa Decision Making Tool v1 4 Portrait Layout Fiesta Contract 2010 - 2014 SUPPLEMENTAL - Philanthropy Letters to Date (added 1-12-15 at 6pm).pdf SUPPLEMENTAL - Presentation Slides Fiesta Hermosa (added 1-12-15 at 6pm).pdf SUPPLEMENTAL - H Longacre re Chamber -Form -990s (added 1-12-15 at 6pm).pdf SUPPLEMENTAL- H Longacre re Lack of Public Notice (added 1-12-15 at 6pm).pdf SUPPLEMENTAL - Letter from Dencv Nelson (added 1-13-15 at 930am).pdf Memorandum from Assistant to the City Manager Strickfaden. Supplemental PowerPoint presentation received from Assistant to the City Manager Strickfaden on January 12, 2015. Supplemental letters of support submitted by Assistant to the City Manager Strickfaden on January 12, 2015. Two supplemental letters from Howard Longacre, both received January 12, 2015. Supplemental letter from Dency Nelson received January 13, 2015. By Council consensus, in the interest of time, this item would be discussed in detail during the Regular meeting. PUBLIC COMMENT Hermosa Beach Page 2 Printed on 10/10/2015 • City Council Meeting Minutes January 13, 2015 By Council consensus, it was agreed that Public Comment on this item would take place during the item's detailed discussion at the Regular meeting. ADJOURNMENT OF STUDY SESSION — 7:18 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:30 p.m. PLEDGE OF ALLEGIANCE — Dorothy Yost ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None At 7:32 p.m., the order of the agenda moved to Proclamations/Presentations. At 7:49 p.m., the order of the agenda returned to the Closed Session Report. CLOSED SESSION REPORT — None ID#2014-0132 LITIGATION UPDATE: RAYMOND DUSSAULT V. ELAINE DOERFLING • Attachments: Dussault v. Doerflinq-Court Opinion.pdf City Attorney Jenkins said the judge in the expedited court hearing agreed with City Clerk Doerfling's position. • ANNOUNCEMENTS Councilmember DiVirgilio spoke of the annual Man and Woman of the Year event hosted by the Hermosa Chamber of Commerce, and congratulated Mike Lacey, Comedy and Magic Club owner, and Janice Brittain, Public Works Commissioner, for receiving the honors. He announced the annual household hazardous waste event taking place in Hermosa on Saturday, January 24, adding that Athens Services will provide shredding services that day in the City Hall parking lot. Mayor pro tem Barragan invited everyone to an Environmental Impacts Forum to be held at 7 p.m. on Thursday, February 12 at the Hermosa Community Center, where impacts from the proposed oil project will be discussed. Mayor Tucker thanked all who participated in the annual Beach Cities Toy Drive and commended Hermosa's Man and Woman of the Year recipients. At this time, Police Chief Papa was invited forward. She clarified that the Police Department has not taken - and will not take - an official position on Measure O. Hermosa Beach Page 3 Printed on 10/10/2015 • • • City Council Meeting Minutes January 13, 2015 PROCLAMATIONS / PRESENTATIONS ID#2014-0136 HERMOSA BEACH LIBRARY BOOKMARK CONTEST WINNERS Kelly Hulbert, Los Angeles County Library Regional Youth Services Coordinator, gave an overview of the 35th annual event. She then invited forward Friends of the Library President Robert Luthardt and Vice President Dorothy Yost, who in turn invited forward Regina Ochoa, Children's Librarian. Ms. Ochoa introduced and congratulated the winners, while Mayor Tucker presented each winner with a Certificate of Recognition and a City pin. I D#2014-0137 SPECIAL OLYMPICS HOST TOWN UPDATE Jody Leventhal, Host Town Hermosa Beach Organizing Committee Chair, presented the update and invited everyone to pitch in, adding that donations may be made online at www.la2015.oro. (At 7:49 p.m., the order of the agenda returned to Closed Session Report.) PUBLIC PARTICIPATION 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council were: Suni Keeling Raymond Dussault Dave Fulton Bob Rasmussen Jeff Duclos Gary Clifford Scott Hebl Barbara Ellman Jessica Guheen Jose Bacallao Sal Longo George Barks a) ID#2014-0124 LETTER FROM RAYMOND DUSSAULT REGARDING OIL Attachments: Raymond Dussault Letter.pdf SUPPLEMENTAL - Letter from Joe Galliani (added 1-13-15 at 930am).pdf SUPPLEMENTAL - Response from Councilmember Fanoary (added 1-13-15 at 12pm).pdf Supplemental letter from Joe Galliani received January 12, 2015. Supplemental letter of response from Councilmember Fangary received January 13, 2015. Hermosa Beach Page 4 Printed on 10/10/2015 • • • City Council Meeting Minutes January 13, 2015 Councilmember Fangary addressed his supplemental letter. No one came forward to address the Council on this item. Action: To receive and file the letter. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 2. CONSENT CALENDAR Action: To approve the Consent Calendar. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. a) ID#2014-0134 MEMORANDUM REGARDING CITY COUNCIL MINUTES Action: To receive and file the memorandum regarding City Council minutes. b) ID#2014-0121 CHECK REGISTERS AND CANCELLATION OF CERTAIN CHECKS Attachments: 12-04-14 12-11-14 12-18-14 12-18-14A 12-24-14 12-31-14 Cancellation of Checks.pdf Memorandum from Finance Director Viki Copeland. Action: To ratify check registers and to approve cancellation of certain checks as recommended by the City Treasurer. c) ID#2014-0126 TENTATIVE FUTURE AGENDA ITEMS (Revised 1/13/15 @ 9:30am) Attachments: Tentative Future Agenda (REVISED 1-13-15).pdf Supplemental revised edition dated January 13, 2015. Action: To receive and file Tentative Future Agenda Items. d) lD#2014-0106 REVENUE AND EXPENDITURE REPORTS FOR NOVEMBER 2014 Hermosa Beach Page 5 Printed on 10/10/2015 • • • City Council Meeting Minutes January 13, 2015 Attachments: Nov 2014 Revenue Report Nov 2014 Expenditure Report Nov 2014 Cash Balance Report Nov 2014 Treasurer's Report Memorandum from Finance Director Copeland. Action: To receive and file the November 2014 Financial Reports. e) ID#2014-0122 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF NOVEMBER 3, 2014 Attachments: EPAC Minutes 11-3-14.pdf Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 3, 2014. f) ID#2014-0110 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 19, 2014 g) Attachments: action minutes 11-19-14 Action: To receive and file the action minutes of the Public Works Commission meeting of November 19, 2014. ID#2014-0119 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 2, 2014 Attachments: December 2nd 2014 Parks Recreation and Community Resources Minutes-Final.docx Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 2, 2014. h) ID#2014-0123 RECOMMENDATION TO REJECT CLAIMS Attachments: Claim Report Matthew Feurbringer.pdf Claim Report Carrie Wilev.pdf Claim Report Mark Bonfigli and Marisa Mora.pdf RECOMMENDATION TO REJECT CLAIMS 1. Claimant: Feurbringer, Matthew Date of Loss: 12 12 14 Date Filed: 12 22 14 Allegation: Property damage 2. Claimant: Wiley, Carrie Date of Loss: 11 26 14 Hermosa Beach Page 6 Printed on 10/10/2015 • • • City Council Meeting Minutes January 13, 2015 Date Filed: 12 22 14 Allegation:Property damage 3. Claimant: Bonfigli, Mark & Mora, Marisa Date of Loss: 12 12 14 Date Filed: 12 22 14 Allegation:Property damage Action: To reject the above -noted claims and refer them to the City's Liability Claims Administrator. i) ID#2014-0098 AWARD CONSTRUCTION CONTRACT TO TIDAL MARINE FOR THE CIP 13-659 MUNICIPAL PIER STRUCTURAL REPAIRS PROJECT PHASE II Attachments: Construction Contract.doc new Project Resolution.doc Memorandum from Construction Manager/Consultant Eric Charlonne. Action: To approve the staff recommendation to: 1) Award the Construction Contract for CIP Project No. 13 659 Municipal Pier Structural Repairs Phase II Project to Tidal Marine Construction in the amount of $166,500.00; 2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 3) Authorize the Director of Public Works to make changes as necessary within the project budget; and 4) Adopt Resolution No. 15-6934, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP PROJECT NO. 13-659 MUNICIPAL PIER STRUCTURAL REPAIRS - PHASE II PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT." j) ID#2014-0114 PROJECT STATUS REPORT AS OF NOVEMBER 30, 2014 Attachments: Smartsheet CIP Project Summary November 2014 01-05-15 Memorandum from Interim Public Works Director Strickfaden. Action: To receive and file the Public Works Project Status Report as of November 30, 2014. Hermosa Beach Page 7 Printed on 10/10/2015 • • City Council Meeting Minutes January 13, 2015 k) ID#2014-0128 APPROVAL OF LEASE EXTENSION FOR PROPERTY LOCATED AT 552 11TH PLACE (HERMOSA SELF -STORAGE) Attachments: Hermosa Self Storage Property Lease amendment (3rd) 01-13-15.doc Memorandum from Finance Director Copeland. Action: To approve the staff recommendation to: 1) Approve the extension of the lease term for 60 days to March 31, 2015; and 2) Direct the City Manager to execute the attached extension of the lease. I) ID#2014-0131 RESOLUTION APPOINTING DELEGATE AND ALTERNATE TO SERVE AS CITY'S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS Attachments: 14-xxxx SBCCOG Memorandum from City Clerk Doerfling. Action: To adopt Resolution No. 15-6935, 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)." 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS Hermosa Beach Page 8 Printed on 10/10/2015 s City Council Meeting Minutes January 13, 2015 a) ID#2014-0129 SPECIAL EVENTS POLICY DISCUSSION Attachments: Study Session Presentation 01.13.15 Ocean Spray App b) ID#2014-0127 Attachments: Memorandum from Assistant to the City Manager Strickfaden. Assistant to the City Manager Strickfaden presented thestaff report and responded to Council questions. Coming forward to address the Council on this item were: Dave Fulton Raymond Dussault Action: To receive and file, and direct staff to implement Council feedback received during both the earlier study session and this meeting. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. FIESTA HERMOSA - REVIEW OF CONTRACT WITH CHAMBER OF COMMERCE Council Jan 13 Fiesta Hermosa Decision Making Tool Hermosa Decision Making Tool v1 4 Portrait Layout Fiesta Contract 2010 - 2014 SUPPLEMENTAL- Philanthropy Letters to Date (added 1-12-15 at 6pm).pdf SUPPLEMENTAL -Presentation Slides Fiesta Hermosa (added 1-12-15 at 6pm).pdf SUPPLEMENTAL- H Longacre re Chamber -Form -990s (added 1-12-15 at 6pm).pdf SUPPLEMENTAL- H Longacre re Lack of Public Notice (added 1-12-15 at 6pm).pdf SUPPLEMENTAL- Letter from Dency Nelson (added 1-13-15 at 930am).pdf Memorandum from Assistant to the City Manager Strickfaden. Supplemental PowerPoint presentation received from Assistant to the City Manager Strickfaden on January 12, 2015. Supplemental letters of support submitted by Assistant to the City Manager Strickfaden on January 12, 2015. Two supplemental letters from Howard Longacre, both received January 12, 2015. Supplemental letter from Dency Nelson received January 13, 2015. Assistant to the City Manager Strickfaden presented the staff report and Hermosa Beach Page 9 Printed on 10/10/2015 • City Council Meeting Minutes January 13, 2015 c) ID#2014-0135 responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Kimberlee MacMullan Jeff Duclos Raymond Dussault Lori Ford George Barks Ron Newman Councilmember Fangary disclosed ex parte communications. Action: To direct staff to return as soon as possible (ideally at the next meeting) with a three-year contract implementing feedback received during both the earlier Events Policy Discussion (study session) and this meeting, with some changes to be phased in over time; and to further direct staff to look into possible spending limitations on revenue received by the Chamber from the Fiesta. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. Pacific Coast Highway Corridor Beautification Plan/ PCH/Aviation Mobility Improvement Plan FUNDING FOR PROJECT STUDY REPORT/PROJECT INITIATION DOCUMENT (psr/pid) Attachments: CitvHB Updates PCHAviation FINAL.pdf SUPPLEMENTAL- Coop Agreement with CalTrans (added 1-12-15 at 6pm).pdf SUPPLEMENTAL- Updated Coop Agreement (added 1-13-15 at 330pm).pdf Action: To (at 10:38 p.m.) extend the meeting past 10:30 p.m. Motion Fangary, Barragan second. The motion carried unanimously. Memorandum from Deputy Director/City Engineer Frank Bigdeli. Supplemental Cooperative Agreement from Interim Public Works Director Strickfaden received January 12, 2015. Supplemental updated Cooperative Agreement from Interim Director Strickfaden received January 13, 2015. Frank Bigdeli, Deputy Director/City Engineer, presented the staff report and responded to Council questions. Hermosa Beach Page 10 Printed on 10/10/2015 City Council Meeting Minutes January 13, 2015 Coming forward to address the Council on this item were: George Barks Ron Newman Action: To approve the staff recommendation to approve the expenditure of up to $190,000 for the completion of a Project Study Report/Project Initiation Document (PSR/PID) in order to apply for State and County funding for the Pacific Coast Highway/Aviation Mobility Improvement Plan. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT The Regular Meeting of the Hermosa Beach City Council adjourned at 11:01 p.m., January 13, 2015, to the Regular meeting of Tuesday, January 27, 2015, with a Closed Session at 6:00 p.m., and the Regular Meeting at 7:00 p.m. in Council Chambers. City Clerkl 'J Deputy City Clerk Hermosa Beach Page 11 Printed on 10/10/2015 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, January 27, 2015 6:00 PM Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • • City Council Meeting Minutes January 27, 2015 6:00 P.M. - CLOSED SESSION CALL TO ORDER — 6:00 p.m. ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT: No one came forward during the open session to address the Council on Closed Session agenda items. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: DESIGNATION OF CITY REPRESENTATIVE FOR LABOR NEGOTIATION REGARDING CITY MANAGER COMPENSATION/BONUS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 1. ID#2015-0172 MINUTES: Approval of minutes of Closed Session meeting held on December 16, 2014. 2. ID#2015-0164 CONFERENCE WITH LABOR NEGOTIATOR: City Manager Compensation and 2014 Bonus - Government Code Section 54957.6 City Representative: Designated by City Council Unrepresented Employee: City Manager Attachments: Closed Session Item 2 -SUPPLEMENTAL from Councilmember Fanciary (added 1-27-15 at 2pm).pdf ID#2015-0174 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Curtis v. City of Hermosa Beach, et al Los Angeles County Superior Court, Case Number: BC525796 b) Name of Case: Saad v. City of Hermosa Beach United States District Court, Case Number: CV14-3734 c) Name of Case: Leach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC065648 d) Name of Case: Haas v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC511099 e) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 f) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 g) Name of Case: Roberts et al v. City of Hermosa Beach Hermosa Beach Page 1 Printed on 10/10/2015 • City Council Meeting Minutes January 27, 2015 Los Angeles County Superior Court, Case Number: BC544495 h) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 RECESS TO CLOSED SESSION — 6:01 p.m. RECONVENE TO OPEN SESSION — 7:00 p.m. RECESS TO REGULAR AGENDA — 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:14 p.m. PLEDGE OF ALLEGIANCE — Michael Bell ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT 410 City Attorney Jenkins reported: (1) no public comment was received before Council recessed to Closed Session; (2) Mayor Tucker and Councilmember Petty had been named labor negotiators for City Manager Bakaly's compensation/bonus; (3) he had provided a litigation update with no reportable actions; (4) the issue of the City Manager's compensation/bonus would be continued to a future Closed Session; and (5) asked that Council ratify the action taken at this evening's Closed Session. Action: To designate Mayor Tucker and Councilmember Petty as labor negotiation representatives for City Manager compensation. Motion DiVirgilio, second Petty. The motion carried 3-2, noting the abstentions of both Barragan and Fangary. ANNOUNCEMENTS Councilmember Fangary said he would be attending a meeting of the Independent Cities Association January 30 and 31; and invited everyone to an open forum on January 30 regarding Measure 0, as well as a Community Presentation for the proposed E&B Oil Drilling & Production Project on February 11. Hermosa Beach Page 2 Printed on 10/10/2015 • City Council Meeting Minutes January 27, 2015 Mayor pro tem Barragan invited everyone to the February 12 Environmental Impacts Forum to be held at the Hermosa Community Center. Mayor Tucker said he, along with City Manager Bakaly and Public Works Director Brozyna, recently met with Caltrans regarding improvements at the intersection of Aviation Boulevard and Pacific Coast Highway, and added that Caltrans is on board with implementation. ID#2015-0162 INTRODUCTION OF NEW PUBLIC WORKS DIRECTOR ANDREW BROZYNA Attachments: Andrew Brozyna Press Release 01-07-15.pdf City Manager Bakaly introduced the City's new Public Works Director, Andrew Brozyna. Mr. Brozyna came forward to share his background and experience, and said he appreciates the opportunity and looks forward to working with everyone. • PROCLAMATIONS /.PRESENTATIONS ID#2015-0163 SWEARING-IN OF NEW POLICE CAPTAIN MILTON MCKINNON AND INTRODUCTION OF CRIME ANALYST JENETTE OSBORNE REPORT 15-0173 Attachments: Police Chief Papa swore in new Captain Milton McKinnon, sharing his background and experience. His wife Christina pinned his badge on and Mayor Tucker administered the Oath of Office. Captain McKinnon said he looks forward to assisting Chief Papa and making the "best little beach city" even better; also thanked his family, peers and the community for their support. Chief Papa then introduced the City's new Crime and Intelligence Analyst, Jenette Osborne, sharing her background and experience. Ms. Osborne said she was excited to work in Hermosa and looks forward to this opportunity. LEADERSHIP HERMOSA BEACH 2015 CLASS PROJECT SUPPLEMENTAL FitFest Flyer (added 4-29-15 at 4pm).pdf Hermosa Beach Page 3 Printed on 10/10/2015 • • City Council Meeting Minutes January 27, 2015 This item was continued. ID#2015-0165 SPECIAL OLYMPICS HOST TOWN UPDATE Attachments: Presentation Slides -Host Town Update 01-27-15.pdf Jody Leventhal, Hermosa Beach Organizing Committee Chair/Rotary Club member, gave a PowerPoint presentation; said there is still a need for additional corporate sponsorship; invited everyone to various upcoming fundraisers; and encouraged residents to donate. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Alicia Villareal Suni Keeling Dave Fulton Ray Dussault Name not given (Teamsters representative) Miyo Prassas Isabella Bacallao Name indistinct SaraJane Bacallao Name indistinct Patrick Mejia Jose Bacallao Allan Mason Julian Katz Michael Collins Betsy Ryan Dency Nelson Guy Hamilton Mimi Lopata Miguel Cruz Natasha Mernov Barbara Ellman Chris Brown Jeffrey Smith Lori Armendariz Jackie Tagliaferro George Barks Hermosa Beach Page 4 Printed on 10/10/2015 • City Council Meeting Minutes January 27, 2015 Gary Brown Martha Logan Sandy Seamann 2. CONSENT CALENDAR: a) ID#2015-0145 Action: To approve the consent calendar recommendations (a) through (I) with the exception of items 2(e), (j), (k) and (I), which were removed for discussion in item 4, but is shown in order for clarity: 2(e) and (I) Fangary, 2(j) Barragan, and 2(k) Tucker. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. MEMORANDUM REGARDING CITY COUNCIL MINUTES Action: To receive and file the memorandum. b) ID#2015-0147 CHECK REGISTERS Attachments: 01-08-15 1-15-15 Action: To ratify the check registers. c) ID#2015-0158 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.pdf d) ID#2015-0167 ID#2015-0144 Attachments: Action: To receive and file Tentative Future Agenda Items. REVENUE AND EXPENDITURE REPORTS CITY TREASURER'S AND CASH BALANCE REPORT FOR DECEMBER 2014 Action: To receive and file the December 2014 Financial Reports. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF JANUARY 20, 2015 pcaction.doc This item was removed from the consent calendar by Councilmember Fangary for discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To receive and file the minutes of the Planning Commission Hermosa Beach Page 5 Printed on 10/10/2015 City Council Meeting Minutes January 27, 2015 • meeting of January 20, 2014. Motion Petty, second Fangary. The motion carried by a unanimous vote. f) ID#2015-0149 PROJECT STATUS REPORT AS OF DECEMBER 31, 2014 Attachments: CIP Project Summary DEC 2014 01-20-15 Action: To receive and file the report. ID#2015-0166 RECOMMENDATION TO REJECT CLAIMS Attachments: Williams.pdf Benanti.pdf Action: To reject the above -noted claims and refer them to the City's Liability Claims Administrator. h) ID#2015-0142 APPROPRIATE EQUIPMENT REPLACEMENT FUNDS TO REPLACE TWO LICENSE PLATE READER SYSTEMS ON POLICE VEHICLES Attachments: Advanced Electronics Quote 10-2014.pdf Advanced Electronics Letter 10-2014.pdf Action: To approve the staff recommendation to appropriate equipment replacement funds to replace two license plate reader systems on police vehicles. i) ID#2015-0146 ESTABLISH A "SPECIAL OLYMPICS HOST TOWN" CITY COUNCIL SUBCOMMITTEE, APPOINT TWO MEMBERS, AND AMEND THE COUNCIL COMMITTEE APPOINTMENT LIST j) Attachments: Appt.List.4 add-on Action: To establish a "Special Olympics Host Town" City Council subcommittee. ID#2015-0151 APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $108,529 WITH RINCON CONSULTANTS, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SKECHERS DESIGN CENTER AND EXECUTIVE SUITES PROJECT PROPOSED BY SKECHERS USA ON PACIFIC COAST HIGHWAY Attachments: PSA Skechers EIR-Rincon.pdf Consultant Proposal Cost Estimates This item was removed from the consent calendar by Mayor pro tern Hermosa Beach Page 6 Printed on 10/10/2015 City Council Meeting Minutes January 27, 2015 • Barragan for discussion later in the meeting. City Attorney Jenkins responded to Council questions. Action: To approve staff recommendation. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. ID#2015-0154 RELOCATION OF AT&T WIRELESS FACILITY FROM 29TH COURT TO THE KIWANIS BUILDING AT 2515 VALLEY DRIVE This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. Emily Murray, Counsel for AT&T, came forward to respond to Council questions. Action: To approve relocating the AT&T wireless facility. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To receive and file with the understanding that this item will return to Council at a future date for further discussion. Motion Barragan, second Fangary. The motion carried by a unanimous vote. I) ID#2015-0152 RECOMMENDATION TO APPROVE THE 2015 SPECIAL EVENTS CALENDAR WITH SHORT TERM CHANGES TO VOLLEYBALL TOURNAMENTS; PROVIDE CLARITY REGARDING APPROVAL OF EVENTS OF LESS THAN 500 PEOPLE AND; PROVIDE DIRECTION TO STAFF ABOUT WHETHER TO BRING FORTH A MUNICIPAL CODE AMENDMENT REGARDING APPROVAL OF EVENTS AT A FUTURE CITY COUNCIL MEETING (Assistant to the City Manager Diane Strickfaden) Hermosa Beach Page 7 Printed on 10/10/2015 • City Council Meeting Minutes January 27, 2015 Attachments: HBMC Section 12.28 Special Event Permits 2015 Calendar of Events Event Spreadsheet for Council Binders UPDATED 2.5.2015 SUPPLEMENTAL from Raymond Dussalt (added 1-27-15 at 2pm) SUPPLEMENTAL Memo from Diane Strickfaden (added 1-27-15 at 345pm) SUPPLEMENTAL from Suni-2015 Calendar of Events (added 2-9-15 at SUPPLEMENTAL from Susan Fintland-Use of Volleyball Courts (added 2-9-15 at 5pm) SUPPLEMENTAL PRC Staff Rep Special Event Policy Changes 10-1-13 (added 2-10-15 at 11am) SUPPLEMENTAL Memo from Diane Strickfaden-FIN FEST (added 2-10-15 at 11am) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was subsequently continued. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION Items 2e, j, k and I were heard at this time but are shown in order for clarity. 5. PUBLIC HEARINGS — None • 6. MUNICIPAL MATTERS a) ID#2015-0156 STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT AND PRESENTATION ON FINANCING MECHANISMS TO FULFILL THE CITY'S OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT SHOULD "MEASURE 0" FAIL Attachments: Summary of Proposed Development Agreement Development Agreement Supplement - Cost Benefit Analysis (added 1-23-15).pdf SUPPLEMENTAL Presentation Slides -CBA (added 1-26-15).pdf SUPPLEMENTAL Presentation Slides -Bonds 101(added 1-26-15).pdf SUPPLEMENTAL from Tom Morley (added 1-27-15 at 2pm).pdf SUPPLEMENTAL from Stacey Armato (added 1-27-15 at 3pm).pdf Community Development Director Robertson presented the staff report Hermosa Beach Page 8 Printed on 10/10/2015 City Council Meeting Minutes January 27, 2015 • and responded to Council questions. b) ID#2015-0102 City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Kosmont Companies' Larry Kosmont, President/CEO, and Wil Solholt, Senior Vice President, gave a PowerPoint presentation and responded to Council questions. Dan Massiello, Kosmont Senior Vice President -Public Finance, also responded to Council questions. Coming forward to address the Council on this item were: Alicia Villareal Lauren Pizer Mains George Barks, submitted "Granted Public Trust Lands Standardized Reporting Form for the City of Newport Beach" Craig Cadwallader, Surfrider Foundation South Bay Chapter Jose Bacallao Barbara Ellman Betsy Ryan Proposed Action: To direct Kosmont Companies to revise the typographical error on page 8; to remove references to the applicant's CBA numbers; and to clarify that the Hermosa Beach Education Fund has not agreed whether to accept monies from E&B. Motion Fangary, second Barragan. The motion failed to garner a third affirmative vote. Action: To direct Kosmont Companies to revise the typographical error on page 8; and to clarify that the Hermosa Beach Education Fund has not agreed whether to accept monies from E&B. Motion Fangary, second Barragan. The motion carried by a unanimous vote. Additional Action: To continue items 21 and 6c, with the understanding that any scheduled special events would continue as approved until Council discussion takes place. Motion Fangary, second Barragan. The motion carried by a unanimous vote. The meeting recessed at 11:00 p.m. The meeting reconvened at 11:22 p.m. 2013-14 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) (Including Report from Independent Auditor) Attachments: SUPPPLEMENTAL CAFR (added 1-26-15 at 3pm).pdf Kenneth Pun, Pun Group LLP Managing Partner/CPA, was invited forward to respond to Council questions. Hermosa Beach Page 9 Printed on 10/10/2015 • City Council Meeting Minutes January 27, 2015 ID#2015-0161 No one from the public came forward to address the Council on this item. Action: To receive and file the report. Motion Barragan, second Petty. The motion carried by a unanimous vote. REVIEW OF CLASSIFICATION AND COMPENSATION STUDY AND SELECTION OF COMPENSATION POLICY IN RELATION TO LABOR MARKET (Assistant to the City Manager Diane Strickfaden) Attachments: Reso No. 14-6900-HPO-ValuingEmplovees City Council Datasheet 2015-01-21 Comp Report Presentation 2015-01-27 Rev 4 SUPPLEMENTAL from Diane Strickfaden-Data Sheets 01-26-15 (added 2-10-15 at 12pm) This item was continued. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) ID#2015-0160 STRATEGIC PLAN ACTION AGENDA QUARTERLY UPDATE Attachments: Strategic Plan and Action Agenda Tracking 1-2015 This item was continued. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURMENT The Regular meeting of Tuesday, January 27, 2015 adjourned at 12:12 a.m., Wednesday, January 28, 2015, to the Regular meeting of February 10, 2015, starting with a Closed Session at 6:00 p.m., followed by the Regular agenda at 7:00 p.m. City Clerk I Deputy City Clerk Hermosa Beach Page 10 Printed on 10/10/2015 • a • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, February 10, 2015 6:00 PM Closed Session (2nd floor conference room - 6pm), Regular City Council Meeting (Council Chambers - 7pm) Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes February 10, 2015 6:00 P.M. - CLOSED SESSION CALL TO ORDER — 6:02 p.m. (in the Council Chambers) ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT: No one came forward to address the Council before the Closed Session. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: a) ID#2015-0186 CONFERENCE WITH LABOR NEGOTIATOR: City Manager Compensation and 2014 Bonus - Government Code Section 54957.6 (Continued from meeting of January 27, 2015) City Representatives: Mayor Tucker and Councilmember Petty Unrepresented Employee: City Manager RECESS TO CLOSED SESSION — 6:05 p.m. (held in 2nd Floor Conference Room) RECONVENE TO OPEN SESSION/RECESS — 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:13 p.m. PLEDGE OF ALLEGIANCE — Judy Garland ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the meeting was called to order in Chambers (per current protocol) to provide the opportunity to receive public comment (no one came forward), the Council then recessed to the 2nd Floor Conference Room to conduct the Closed Session, and no reportable action was taken. Hermosa Beach Page 1 Printed on 8/24/2015 • City Council Meeting Minutes February 10, 2015 ANNOUNCEMENTS - Councilmember Fangary spoke of attending the Independent Cities Association conference on January 30 and the Los Angeles County Cities Selection Committee event in Los Angeles last week; and announced the final Measure 0 informational forum February 11, at 7 p.m. at the Hermosa Community Theater. Councilmember Petty said the State Board of Equalization will offer free tax preparation assistance, with some maximum income requirements, at Cal State Dominguez Hills February 14 and Cal State L.A. February 21. Mayor pro tem Barragan announced the oil environmental impact forum at 7 p.m., February 12, at the Hermosa Beach Community Theatre, with a reception in the Historical Museum at 5 p.m. As requested by Mayor Tucker, City Clerk Doerfling announced the deadline to request an absentee ballot for the upcoming City election, saying requests must be received in her by office Tuesday, February 24. PROCLAMATIONS / PRESENTATIONS • a) ID#2015-0187 INTRODUCTION OF NEW HERMOSA BEACH LIBRARY MANAGER KELLY CONN Steven Klein, Los Angeles County Library Regional Administrator introduced Kelly Conn, citing her background and experience. Ms. Conn said she was happy for the opportunity and would appear at future • meetings to make announcements about the library's goings-on. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: City Manager Bakaly and City Attorney Jenkins responded to Council questions. Coming forward to address the Council at this time were: Judy Garland Dency Nelson Sal Longo George Barks Mike Binder Bob Rassmussen Lauren Pizer Mains Greg Less Chris Miller Hermosa Beach Page 2 Printed on 8/24/2015 • City Council Meeting Minutes February 10, 2015 a) ID#2015-0188 LETTERS FROM MIRA COSTA HIGH SCHOOL STUDENTS REGARDING INPUT ON OIL DRILLING Attachments: Student Letters Redacted.pdf Councilmember Fangary commended Ms. Nielson's Mira Costa High School students for their well -researched letters. Action: To receive and file the letters. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: a) I D#2015-0195 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(c) and 2(g) Tucker, and 2(h) Barragan. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. MEMORANDUM REGARDING CITY COUNCIL MINUTES Action: To receive and file the memorandum. b) ID#2015-0190 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 01-22-15 01-29-15 Action: To ratify the check registers. c) ID#2015-0185 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Acienda.pdf This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. Action: To not receive the oil project update at the February 24 meeting. Motion Tucker, second DiVirgilio. The motion carried, noting the dissenting votes of Barragan and Fangary. Hermosa Beach Page 3 Printed on 8/24/2015 • City Council Meeting Minutes February 10,2015 d) ID#2015-0180 Final Action: To receive and file the Tentative Future Agenda Items. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE ONGOING GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY (Assistant to the City Manager Diane Strickfaden) Attachments: Resolution Adopting GSA w LA Co GSA w LA County Action: To adopt Resolution No. 15-6936, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMSOA BEACH, CALIFORNIA, APPROVING ONGOING GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY COVERING THE PERIOD FROM JULY 1, 2015 THROUGH JUNE 30, 2020." e) ID#2015-x197 THIS ITEM WAS MOVED TO MUNICIPAL MATTERS, AS ITEM 6d ID#2015-0103 SUBJECT: FINAL MAP NO. 72447 (C.U.P. CON NO. 14-2, PDP NO. 14-2) LOCATION: 824 1st street APPLICANT(S): SE-SOCAL LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL TRACT MAP FOR A SIX -UNIT COMMERCIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: Resolution Action: To adopt Resolution No. 15-6937, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 72447, FOR THE SUBDIVISION OF A SIX -UNIT COMMERCIAL CONDOMINIUM, LOCATED AT 824 FIRST STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." g) ID#2015-0178 APPROVE AMENDMENT MAKING MINOR MODIFICATIONS TO PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SKECHERS DESIGN CENTER AND EXECUTIVE OFFICES PROJECT (Community Development Director Ken Robertson) Attachments: Amendment to Agreement • This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. Hermosa Beach Page 4 Printed on 8/24/2015 • • City Council Meeting Minutes February 10, 2015 h) ID#2015-0155 I D#2015-0169 City Manager Bakaly and City Attorney Jenkins responded to Council questions. Proposed Action: To direct staff to return for Council authorization with a more -detailed accounting of the additional costs. Motion Tucker. The motion died for lack of support. Action: To approve the amendment, as recommended by staff. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. APPROPRIATE $61,665.88 FROM INSURANCE FUND FOR CONSULTANT COSTS FOR COMMUNITY PRESENTATIONS AND COST BENEFIT ANALYSIS IN CONNECTION WITH BALLOT MEASURE "0" REGARDING PROPOSED E&B OIL DRILLING AND PRODUCTION PROJECT (Community Development Director Ken Robertson) This item was removed from the consent calendar by Mayor pro tern Barragan for separate discussion later in the meeting. Action: To approve the staff recommendation. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. CIP No. 12-153 FIRE DEPARTMENT HYBRID BEACON PROJECT COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK (Public Works Director Andrew Brozyna) Attachments: NOC.pdf Action: To approve completion of the contract and acceptance of work. At 7:59 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (g) 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 with the item. 5. PUBLIC HEARINGS ID#2015-0192 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE 110 HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE Hermosa Beach Page 5 Printed on 8/24/2015 • City Council Meeting Minutes February 10, 2015 FIESTAS HERMOSA (Assistant to the City Manager Diane Strickfaden) Attachments: chamber of commerce fiestas 2015 chamber of commerce fiestas 2015, clean Fiesta Hermosa Application Decision Making Tool SUPPLEMENTAL from H. Longacre -Chamber Vendor Rates (added 2-9-15 at 5pm) SUPPLEMENTAL from H. Lonqacre-Chamber Sales Tax Reporting (added 2-9-15 at 5pm) SUPPLEMENTAL from H. Longacre -Chamber Proposed Contract (added 2-9-15 at 5pm) SUPPLEMENTAL from Dency Nelson -Fiesta Contract (added 2-9-15 at 5pm) SUPPLEMENTAL from Chamber -Implementation Timeline (added 2-9-15 at 5pm) SUPPLEMENTAL from J Alden -NO TO FIESTA FAIR (added 2-10-15 at 320pm) Three supplemental letters from Howard Longacre, all dated February 8, 2015. Supplemental letter from Dency Nelson dated February 8, 2015. Supplemental timeline summary from Kimberlee MacMullan received February 9, 2015. Supplemental letter from J. Alden received February 10, 2015. Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. City Manager Bakaly, City Attorney Jenkins and Finance Director Copeland also responded to Council questions. Councilmember Fangary disclosed ex parte communications. Kimberlee MacMullan, Chamber President/CEO, with assistance from Ken Hartley, Chamber Chairman of the Board, gave a PowerPoint presentation. Ms. MacMullan also responded to Council questions. The public hearing opened at 8:37 p.m. Coming forward to address the Council on this item were: Dency Nelson Chris Miller Jessica Guheen, Parks, Recreation and Community Resources Advisory Commissioner George Barks • The public hearing closed at 8:46 p.m. Hermosa Beach Page 6 Printed on 8/24/2015 • • City Council Meeting Minutes February 10, 2015 Action: To approve, with changes agreed upon tonight, the three-year contract between the City of Hermosa Beach and the Chamber of Commerce to provide Fiestas Hermosa. Motion DiVirgilio, second Petty. The motion carried by a 3-2 vote, noting the dissenting votes of Barragan and Fangary. The meeting recessed at 9:37 p.m. The meeting reconvened at 9:57 p.m., and moved to item 6(d). 6. MUNICIPAL MATTERS a) ID#2015-0161 b) REVIEW OF CLASSIFICATION AND COMPENSATION STUDY AND SELECTION OF COMPENSATION POLICY IN RELATION TO LABOR MARKET (Continued from meeting of January 27, 2015) (Assistant to the City Manager Diane Strickfaden) Attachments: Reso No. 14-6900-HPO-ValuincEmplovees City Council Datasheet 2015-01-21 Comp Report Presentation 2015-01-27 Rev4 SUPPLEMENTAL from Diane Strickfaden-Data Sheets 01-26-15 (added 2-10-15 at 12pm) Supplemental information from Assistant to the City Manager Strickfaden received February 10, 2015. City Manager Bakaly and Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. Doug Johnson, Ralph Andersen & Associates Vice President, gave a PowerPoint presentation highlighting key elements and findings of the study. No one came forward to address the Council on this item. Action: To receive and file the staff report. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. ID#2015-0152 RECOMMENDATION TO APPROVE THE 2015 SPECIAL EVENTS CALENDAR WITH SHORT TERM CHANGES TO VOLLEYBALL TOURNAMENTS; PROVIDE CLARITY REGARDING APPROVAL OF EVENTS OF LESS THAN 500 PEOPLE AND; PROVIDE DIRECTION TO STAFF ABOUT WHETHER TO BRING FORTH A MUNICIPAL Hermosa Beach Page 7 Printed on 8/24/2015 • • City Council Meeting Minutes February 10, 2015 CODE AMENDMENT REGARDING APPROVAL OF EVENTS AT A FUTURE CITY COUNCIL MEETING (Continued from meeting of January 27, 2015) (Assistant to the City Manager Diane Strickfaden) Attachments: HBMC Section 12.28 Special Event Permits 2015 Calendar of Events Event Spreadsheet for Council Binders UPDATED 2.5.2015 SUPPLEMENTAL from Raymond Dussalt (added 1-27-15 at 2pm) SUPPLEMENTAL Memo from Diane Strickfaden (added 1-27-15 at 345pm) SUPPLEMENTAL from Suni-2015 Calendar of Events (added 2-9-15 at 5pm) SUPPLEMENTAL from Susan Fintland-Use of Volleyball Courts (added 2-9-15 at 5pm) SUPPLEMENTAL PRC Staff Rep Special Event Policy Changes 10-1-13 (added 2-10-15 at 11am) SUPPLEMENTAL Memo from Diane Strickfaden-FIN FEST (added 2-10-15 at 11am) Supplemental letter from Raymond Dussault and memorandum from Assistant to the City Manager Strickfaden added January 27, 2015. Supplemental Event Spreadsheet for Council Binders UPDATED February 5, 2015. Supplemental letter from Suni (no last name) dated February 7, 2015. Supplemental letter from Susan Fintland dated February 8, 2015. Supplemental memorandum and supplemental information from Assistant to the City Manager Strickfaden, both dated February 10, 2015. Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item were: Ray Dussault Dave Fulton Jessica Guheen, Parks, Recreation and Community Resources Commission member Bill Sigler Name indistinct Chris Brown Patrick Mejia Jeff Raedy No name given Jeff Smith Hermosa Beach Page 8 Printed on 8/24/2015 • City Council Meeting Minutes February 10, 2015 Proposed Action: 1) To approve the Special Events Calendar through June, 2015, including applications received since the January 27, 2015 Council meeting; 2) To approve the July -December, 2015 events no later than April, 2015; 3) To direct the Parks, Recreation and Community Resources Advisory Commission and staff to provide recommendations and a proposed structure for the following aspects of the City's special events policy: a. Short-term and long-term options on page 3 of the staff report; b. General policy changes such as limiting: the total number of events; events by category and/or during a specific time period; or just some volleyball events, defined either by the number of nets required or by attendance, with decision criteria for approval; 4) To direct the Commission and staff to review and recommend when they are required to approve events vs. when the Council should get involved; and 5) To direct the Commission and staff to recommend how to ensure the City retains flexibility with regard to strategically important events. Motion Petty, second Tucker. The vote on the main motion was suspended pending the outcome of the substitute motion. Proposed Substitute Action: To approve the full calendar with feedback from Council regarding new items; to implement short-term recommendations from Council feedback at tonight's meeting; and to direct the Commission to return in an expedient manner with long-term solutions to the problems discussed this evening. Motion DiVirgilio, second Tucker. The motion failed, due to the dissenting votes of Barragan, Fangary and Petty. Action: To amend the main motion to approve the Special Events Calendar through July, 2015, as restated: 1) To approve the Special Events Calendar through July, 2015, including those events whose applications have been received since the January 27, 2015 Council meeting; 2) To approve the August -December, 2015 events no later than April, 2015; 3) To direct the Parks, Recreation and Community Resources Advisory Commission and staff to provide recommendations and a proposed structure for the following aspects of the City's special events policy: Hermosa Beach Pape 9 Printed on 8/24/2015 • City Council Meeting Minutes February 10, 2015 a. Short-term and long-term options on page 3 of the staff report; b. General policy changes such as consideration of limiting the total number of events, limiting events by category and/or during a specific time period, or limiting just some volleyball events; if the City wishes to limit volleyball events, determining factors for limitation must be defined, such as the number of nets required or attendance; 4) To direct the Parks, Recreation and Community Resources Advisory Commission and staff to review and recommend when they are required to approve events vs. when the Council should get involved; and 5) To direct the Parks, Recreation and Community Resources Advisory Commission and staff to recommend how to ensure the City retains flexibility with regard to strategically important events. Motion Petty, second Barragan. The main motion, as amended, carried 3-2, noting the dissenting votes of DiVirgilio and Tucker. Final Action: To deny approval of the Discovery Fin Fest Event for the 4th of July weekend. Motion Tucker, second Fangary. The motion carried by a unanimous vote. c) ID#2015-0193 CARBON NEUTRALITY INITIATIVES: RECEIVE GREENHOUSE GAS EMISSIONS INVENTORY AND MEMO ON ECONOMIC/HEALTH BENEFITS OF CARBON NEUTRALITY; ACCEPT MUNICIPAL CARBON NEUTRAL PLAN AND ADOPT RESOLUTION OF MUNICIPAL CARBON NEUTRAL TARGET OF 2020; AUTHORIZE CLIMATE ACTION PLANNING SERVICES (BRENDLE GROUP); AND UPDATE ON RELATED INITIATIVES (Continued from meeting of February 10, 2015) (Environmental Analyst Kristy Morris) Attachments: (1) EECAPwith GreenHouse Gas Inventory.pdf (2) Hermosa Beach Economic Benefits of Carbon Neutrality Follow-up Memo 020415.pdf (3) Brendle Group Report PPT Slides.pdf (4) Brendle Group Hermosa Beach Phase 2 Proposal.pdf (5) Hermosa Beach Municipal Carbon Neutral Plan - Executive Summary (February 2015).pdf (6) Hermosa Beach Municipal Carbon Neutral Plan (February 2015).pdf (7) Implementation Costs and Schedule -2020 target.pdf (8) Municipal Carbon Neutral Plan PPT Slides.pdf (9) Resolution- Municipal Carbon Neutral Target 2020.pdf (10) Transportation Info on City Website.pdf Hermosa Beach Page 10 Printed on 8/24/2015 • a City Council Meeting Minutes February 10, 2015 This item was continued to the meeting of February 24, 2015. d) ID#2015-0097 AWARD PROFESSIONAL SERVICES AGREEMENT FOR CIP 13-664 CITY-WIDE BUILDING & FACILITIES ASSESSMENTS (Assistant to the City Manager Diane Strickfaden) Attachments: HermosaBch-Buildiinq Assess-CiviSource.pdf fee schedlue.pdf PSA 14.018 CivilSource.doc list of facilities Assistant to the City Manager Strickfaden presented the staff report and responded to Council questions. City Manager Bakaly responded to Council questions. Mayor Tucker disclosed ex parte communications. Coming forward to address the Council on this item were: Marie Rice Chris Miller Miyo Prassas George Barks Stacey Armato Action: To approve the staff recommendation to: 1. Award a Professional Services Agreement to Civil Source in the amount of $143,636 to prepare reports as required pursuant to the City -Wide Building & Facilities Condition Assessment Request for Proposal; and 2. Authorize the Director of Public Works to make changes as necessary within the approved budget Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. Action: It was the consensus of the Council to direct staff to return with a list of all•Council subcommittees on which members should be regularly reporting, and a standard reporting process. Action: It was also the consensus of the Council to extend the meeting, which had already exceeded the 10:30 p.m. time limit. At 10:44 p.m., the order of the agenda moved to item 6(a). Hprmnsa Rearh Pane 11 Printed on 8/24/2015 • • City Council Meeting Minutes February 10, 2015 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) ID#2015-0189 PIER SAFETY UPDATE (Fire Chief David Lantzer) Attachments: Shark Ambassador Program Final Report 2014-12-23 City Manager Bakaly presented the staff report and responded to Council questions. Action: To receive and file the update. Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT Action: To adjourn the Regular meeting on Wednesday, February 11, 2015, at 2:05 a.m., to the Regular meeting of Tuesday, February 24, 2015, starting with a 6 p.m. Study Session in Council Chambers. Motion Tucker, second Barragan. The motion carried by a unanimous vote. • Deputy City Clerk Hermosa Beach Page 12 Printed on 8/24/2015 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, February 24, 2015 6:00 PM City Council Study Session: Midyear Budget Update (6:00pm) and Regular City Council Meeting (7:00pm) Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes February 24, 2015 6:00 P.M. — STUDY SESSION CALL TO ORDER — 6:00 p.m. PLEDGE OF ALLEGIANCE — Geoff Hirsch ROLL CALL: Present: DiVirgilio, Fangary, Petty, Barragan, Mayor Tucker Absent: None a) ID#2015-0198 MIDYEAR BUDGET REVIEW 2014-15 (Finance Director Viki Copeland) Attachments: Revenue Detail Report Additional Appropriations Report Midyear CIP Spreadsheet Revisions CIP 14-502 Clark Field and Community Center Tennis Lighting CIP 14-503 Lawn Bowling Green Complex Lighting Budget Summary Report Budget Transfers Report Resolution - Increase to General Plan Maintenance Fees City Council Travel and Benefits SUPPLEMENTAL Presentation Slides from Viki Copeland (added 2-24-15 at 1pm).pdf Director Copeland, with the assistance of Charlotte Newkirk, the City's new Accounting Supervisor, gave a PowerPoint presentation and responded to Council questions. City Manager Bakaly, Assistant to the City Manager Strickfaden, and Police Chief Papa also responded to Council questions. Discussion topics/points included: Priority -Based Budgeting Various fiscal health scenarios Timeline for repayment of the CaIPERS side fund Potential increase in employees' pay Funding of capital improvements Financing options to pay the oil settlement should Measure 0 fail Possible uses for General Fund surplus State financing possibilities for certain projects Lighting for Clark Field Safe Route to School Lawn bowling field lighting Hermosa Beach Page 1 Printed on 9t26/2015 • City Council Meeting Minutes February 24, 2015 (Council unanimously approved the staff recommendations during the Regular meeting, item 6a.) PUBLIC COMMENT Coming forward to address the Council at this time were: Jessica Guheen, Parks, Recreation and Community Resources Advisory Commissioner George Renshaw Tony Baer Dave Mahoney William Forte Jonathan Martinez Joe Montana Geoff Hirsch No name given ADJOURNMENT OF STUDY SESSION — 7:16 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:30 p.m. • PLEDGE OF ALLEGIANCE — Adrienne Slaughter ROLL CALL: Present: DiVirgilio, Fangary, Petty, Barragan, Mayor Tucker Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS Councilmember Fangary reminded everyone to vote March 3. He asked that tonight's meeting be adjourned in memory of John Hudgens, who passed away earlier this month. Mayor pro tem Barragan said the February 12 Environmental Impacts Forum was a great event, and may be viewed on her website: www.nanettebarragan.com/events. She said she hoped for a big Election Day turnout. City Clerk Doerfling said today was the deadline for requesting vote -by -mail ballots, adding that those who missed the deadline may vote at polling places. She said she is working on a FAQs section about the election process for the City's website, and said the election night results would be broadcast live from Council Chambers. Hermosa Beach Page 2 Printed on 9/26/2015 City Council Meeting Minutes February 24, 2015 PROCLAMATIONS / PRESENTATIONS a) ID#2015-0223 SOUTHERN CALIFORNIA EDISON UPDATE FROM REGION MANAGER RAYMOND POK Raymond Pok, Southern California Edison Region Manager, presented the update and responded to Council questions. He said the lighting at Clark Field would be expedited so that Hermosa Beach Little League can start on schedule. ID#2015-0222 SPECIAL OLYMPICS HOST TOWN PRESENTATION Jody Leventhal, Host Town Hermosa Beach Chair, thanked the community and the Council for their tremendous support, and played a promotional video. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Name indistinct Mariano Alvarez Allan Mason Adrienne Slaughter Parker Herriott Bob Rasmussen Mike Collins George Barks Betsy Ryan a) ID#2015-0228 LETTERS REGARDING HERMOSA BEACH SCHOOL DISTRICT FACILITIES Attachments: Letter from Jim Hausle - school facility studv.pdf Letter from Julie Nunis - considering existing buildings to address student overcrowding.pdf Letter from Linsey Miller - North School Building traffic.pdf Letter from Lynne Pope - Hermosa School District.pdf Action: To receive and file the letters. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 3 Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 b) ID#2015-0229 LETTERS REGARDING THE PROPOSED OIL DRILLING PROJECT Attachments: Letter from Rio Frohoff - Input on Oil Drillinq.pdf Letter from Robert Fortunato - Letter to the Editor.pdf Action: To receive and file the letters. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. c) ID#2015-0230 LETTER FROM DR. DARLENE ARDAVANY REGARDING CONCERNS OF VOLLEYBALL SCHEDULING Attachments: Letter from Dr. Darlene Ardavanv - Concerns regarding volleyball scheduling.pdf Action: To receive and file the letter. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve consent calendar recommendations (a) through (i) with the exception of the following, which were removed for discussion in item 4, but are shown in order for clarity: 2(c), (g) and (i), Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. a) ID#2015-0224 MEMORANDUM REGARDING CITY COUNCIL MINUTES Action: To receive and file the memorandum. b) ID#2015-0205 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 02-05-15 02-12-15 Action: To ratify the check registers. c) ID#2015-0218 TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of February 24, 2015) Attachments: Tentative Future Agenda.doc This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was subsequently tabled to a future meeting. Hermosa Beach Page 4 Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 d) ID#2015-0208 REVENUE AND EXPENDITURE REPORTS FOR DECEMBER 2014 (Finance Director Viki Copeland) Attachments: December 2014 Revenue Report December 2014 Expenditure Report Action: To receive and file the December Financial Reports. ID#2015-0177 CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) Attachments: Treasurer's Report Cash Balances Report Action: To receive and file the reports. f) ID#2015-0227 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 2015 Attachments: pcaction.doc Action: To approve the minutes of the Planning Commission meeting of February 17, 2015. I D#2015-0207 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2015 (Continued from meeting of February 24, 2015) Attachments: action minutes 1-21-15 This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was subsequently tabled to a future meeting. h) ID#2015-0215 CITY CONSENT PER CITY LEASE TO MAKE MINOR MODIFICATIONS TO FACADE OF CITY OWNED BUILDING AT 1303 HERMOSA AVENUE PER (RETAIL FRONTAGE OF MUNICIPAL PARKING STRUCTURE BUILDING) (Community Development Director Ken Robertson) Attachments: Letter of Request- ATM Action: To approve the staff recommendation. ID#2015-0211 REMOVAL OF GRANITE CUBICAL BOLLARDS AND RELOCATION OF PLAQUES ON PIER PLAZA Hermosa Beach Page 5 Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 (Continued from meeting of February 24, 2015) (Associate Engineer Homayoun Behboodi) Attachments: Attachment 1 PierPlazaLayout Attachment 2 Bollards, Disabled Markings, and Plaques Attachment 3 Areas for Relocation This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was subsequently tabled to a future meeting. j) ID#2015-0214 PROJECT STATUS REPORT AS OF JANUARY 31, 2015 (Assistant to the City Manager Diane Strickfaden) Attachments: CIP Project Summary JAN 2015 Final Action: To receive and file the Project Status Report. ID#2015-0199 DATES FOR THE 2015-16 BUDGET (Finance Director Viki Copeland) Action: To receive and file the date of the 2015-16 Budget Workshop, to be held Thursday, May 21, 2015, 7 p.m. I) ID#2015-0191 AWARD BID FOR PATIENT COTS (Fire Chief David Lantzer) Attachments: RFP -Gurneys Bid Opening Loci Sheet Action: To award the bid, as recommended by staff. m) ID#2015-0194 PURCHASE OF CARDIAC MONITOR -DEFIBRILLATORS (Fire Chief David Lantzer) Attachments: RFB - Cardiac Monitors Cardiac Monitor Bid Recap 2014-07 Quote from ZOLL Action: To approve the purchase, as recommended by staff. ID#2015-0175 WITHDRAWAL FROM LA RICS (Fire Chief David Lantzer) Attachments: Resolution Withdrawing From LA RICS Action: To adopt Resolution No. 15-6938, entitled "A Resolution of the Hermosa Beach Page 6 Printed on 9/26/2015 • • City Council Meeting Minutes February 24, 2015 City Council of the City of Hermosa Beach, California, withdrawing from membership in the Los Angeles Regional Communications System Joint Powers Authority"; and direct and authorize the City Manager to execute necessary documents to effectuate an immediate withdrawal. At 8:24 p.m., the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (g) and (i) were heard at this time but are shown in order for clarity. 5. PUBLIC HEARINGS a) ID#2015-0225 TEXT AMENDMENT TO THE MUNICIPAL CODE ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA AND RELATED AMENDMENTS FOR CONSISTENCY AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND PROVIDE DIRECTION CONCERNING ENCROACHMENT AREA RENTS (Community Development Director Ken Robertson) Attachments: Proposed Ordinance -Text Amendment Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:40 p.m. Coming forward to address the Council on this item were: Mariano Alvarez Kevin Sousa Dennis Jarvis Steve Collins Ezra (last name indistinct) George Barks The public hearing closed at 8:54 p.m. Action: To approve the staff recommendation to: 1) Waive full reading and introduce Ordinance No. 15-1349, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING Hermosa Beach Page 7 Printed on 9/26/2015 • • City Council Meeting Minutes February 24, 2015 PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY," as amended this evening, and determine the project is exempt from the Environmental Quality Act; and 2) Direct staff to return in 12 months for a Council evaluation of any constructed facilities in the encroachment area. Motion Petty, second Tucker. The motion carried by a unanimous vote. Further Action: To: 1) Review implementation of the ordinance within 12 months of its effective date to evaluate whether any revisions or modifications are warranted; and 2) Grant free use of the encroachment area for the first year, and revisit within 12 months the topic of rent for the years thereafter. Motion Fangary, second Petty. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a) ID#2015-0198 MIDYEAR BUDGET REVIEW 2014-15 (Finance Director Viki Copeland) Attachment Revenue Detail Report Additional Appropriations Report Midyear CIP Spreadsheet Revisions CIP 14-502 Clark Field and Community Center Tennis CIP 14-503 Lawn Bowling Green Complex Lighting Budget Summary Report Budget Transfers Report Resolution - Increase to General Plan Maintenance Fees City Council Travel and Benefits SUPPLEMENTAL Presentation Slides from Viki Copeland (added 2-24-15 at 1 nm).odf Finance Director Copeland outlined the update from earlier this evening. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: 1. Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown herein and in the attached Revenue Detail Report, Additional Appropriations Report, Budget Transfers Report, and Budget Summary Report; 2. Approve the addition of $108,289 to the assigned fund balance for Hermosa Beach Pam R Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 Contingencies in order to meet our target of 16% for this goal; a transfer of $29,632 to the Lighting Fund to cover the additional deficit created by revenue revisions; and appropriate the remaining funds available of $166,113 to Prospective Expenditures; 3. Approve a transfer of funds in the amount of $1,324,690 from the Capital Improvement Fund to the Equipment Replacement Fund to bring the balance to the goal amount; 4. Approve Resolution No. 15- 6939, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING GENERAL FUND COMMITMENTS OF FUND BALANCE FOR FISCAL YEAR 2014-2015." 5. Receive and file the attached information about City Council travel and benefits; and 6. Receive and file updated Fiscal Health Scenarios. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 9:45 p.m. the meeting recessed. At 10:02 p.m. the meeting reconvened. b) ID#2015-0193 CARBON NEUTRALITY INITIATIVES: RECEIVE GREENHOUSE GAS EMISSIONS INVENTORY AND MEMO ON ECONOMIC/HEALTH BENEFITS OF CARBON NEUTRALITY; ACCEPT MUNICIPAL CARBON NEUTRAL PLAN AND ADOPT RESOLUTION OF MUNICIPAL CARBON NEUTRAL TARGET OF 2020; AUTHORIZE CLIMATE ACTION PLANNING SERVICES (BRENDLE GROUP); AND UPDATE ON RELATED INITIATIVES (Continued from meeting of February 10, 2015) (Environmental Analyst Kristy Morris) Attachments: (1) EECAPwith GreenHouse Gas Inventory.pdf (2) Hermosa Beach Economic Benefits of Carbon Neutrality Follow-up Memo 020415.pdf (3) Brendle Group Report PPT Slides.pdf (4) Brendle Group Hermosa Beach Phase 2 Proposal.pdf (5) Hermosa Beach Municipal Carbon Neutral Plan - Executive Summary (February 2015).pdf (6) Hermosa Beach Municipal Carbon Neutral Plan (February 2015).pdf (7) Implementation Costs and Schedule -2020 target.pdf (8) Municipal Carbon Neutral Plan PPT Slides.pdf (9) Resolution- Municipal Carbon Neutral Target 2020.pdf (10) Transportation Info on City Website.pdf Environmental Analyst Kristy Morris presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Hermosa Beach Page 9 Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 Juan Matute, Kaizenergy President, gave a PowerPoint presentation and responded to Council questions. Coming forward to address the Council on this item were: Mariano Alvarez Betsy Ryan Robert Fortunato Dency Nelson Craig Cadwallader, Surfrider Foundation South Bay Chapter Erica Seward Proposed Action: To adopt the resolution with a 2017 carbon neutral target goal. Motion Barragan, second Fangary. The motion failed, due to the dissenting votes of DiVirgilio, Petty, and Mayor Tucker. Action: To approve the staff recommendation to: 1. Receive and file City of Hermosa Beach GHG Inventory, Forecasting, Target Setting Report for an Energy Efficiency Climate Action Plan, January 2015; 2. Receive and file Addendum to Brendle Group's Report regarding Health Costs/Benefits of Carbon Neutrality (Economic Benefits of Carbon Neutrality Follow Up Response to City Council Questions, February 3, 2015); 3. Authorize Brendle Group to provide Climate Action Planning Services coordinated with the General Plan Update in the amount of $24,000; 4. Accept Hermosa Beach Municipal Carbon Neutral Plan including Action Plan and Funding Scenarios to support both 2017 and 2020 Municipal Carbon Neutral Targets; 5. Adopt Resolution No. 15-6940, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A CARBON NEUTRAL TARGET OF 2020 FOR MUNICIPAL OPERATIONS AND FACILITIES"; 6. Direct staff to commence the Municipal Carbon Neutral Implementation Measures including the employee commute program; and 7. Receive and file information on Renewable Energy opportunities/PV Solar Installations; Community Choice Aggregation; Hermosa Beach's Existing Transit/Transportation Systems. Motion DiVirgilio, second Tucker. The motion carried 4-1, noting the dissenting vote of Petty. At 12:00 a.m., it was the consensus of the Council to consider item 6c, but table all remaining items to a future meeting. c) ID#2015-0219 ACCEPTANCE OF GUIDELINES FOR CATALYST PROJECTS AND STATUS OF DOWNTOWN CORE REVITALIZATION STRATEGY, AND DETERMINE THE ACTIVITY IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Continued from meeting of November 25, 2014) (Ken Robertson, Community Development Director) Attachments: Principles and Guidelines Downtown Parking Concept SUPPLEMENTAL from H. Lonqacre (added 2-24-15 at 10am).pdf SUPPLEMENTAL from Michael Keegan (added 2-24-15 at 1 pm).pdf Hermosa Beach Page 10 Printed on 9/26/2015 • • City Council Meeting Minutes February 24, 2015 Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Dean Nota Dency Nelson Action: To approve the staff recommendation to: 1) Accept the Guidelines for Catalyst Projects and the Downtown Core Revitalization Strategy as modified, with the addition of a section stating that it is the responsibility of any potential developer to obtain (through a city-wide vote) an increase in the building height limit; 2) Determine the activity is Categorically Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15262 3) Direct staff to return with a comprehensive discussion of downtown and Interceptor parking facilities. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. d) ID#2015-0221 CITY MANAGER BONUS (Continued from meeting of February 24, 2015) (City Attorney Mike Jenkins) Attachments: SUPPLEMENTAL Resolution approving bonus (added 3-10-15 at 2:45pm).pdf This item was continued to a future meeting. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT 15-0220 HERMOSA BEACH CITY / SCHOOL COMPACT MEETING (Continued from meeting of February 24, 2015) (City Manager Tom Bakaly) Attachments: COMPACT AfterSchoolProgram 211 15 FINAL.docx b) REPORT 15-0226 This item was continued to a future meeting. CITY COUNCIL SUBCOMMITTEES (Continued from meeting of February 24, 2015) Attachments: Appt List 4 Final 2015.doc This item was continued to a future meeting. Hermosa Beach Page 11 Printed on 9/26/2015 • City Council Meeting Minutes February 24, 2015 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT — The Tuesday, February 24, 2015 Regular meeting of the City Council of the City of Hermosa Beach, California, adjourned, in memory of John Hudgens and Marvin May, at 12:45 a.m., Wednesday, February 25, 2015, to Tuesday, March 10, 2015 for a Study Session (Economic Development and Sociable City) at 6:00 p.m., followed by the Regular meeting at 7:00 p.m. Deputy City Clerk Hermosa Beach Page 12 Printed on 9/26/2015 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, March 10, 2015 7:00 PM Study Session: Economic Development and Sociable City - 6:OOpm, Regular City Council Meeting 7:OOpm Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes March 10, 2015 6:00 P.M. — STUDY SESSION CALL TO ORDER 6:12 p.m. PLEDGE OF ALLEGIANCE Sheryl Main ROLL CALL Present: DiVirgilio, Fangary, Petty, Mayor Tucker Absent: Barragan (arrived 6:38 p.m.) a) ID#2015-0243 ECONOMIC DEVELOPMENT UPDATE (Economic Development Officer Shelli Margolin -Mayer) Attachments: ED Plan.pdf Updates on the ED Plan.docx Community Dialog Opportunities and Possibilities .pdf Brochure trifold.pdf HB Starting A Business Packet.pdf Flow Chart 7-29-14.pdf SUPPLEMENTAL ED Slides (added 3-10-15 at 11am).pdf b) Economic Development Officer Margolin -Mayer gave a PowerPoint presentation. Discussion included the following: • Brochures now given to assist new businesses • Free 2 -hour parking during business hours • Priorities of the Economic Development Plan • Past year's achievements such as increased business licenses • "Yes and" training Consideration of allowing weddings on the beach Public comment on this item was heard with that for item b) below. ID#2015-0244 SOCIABLE CITY (Economic Development Officer Shelli Margolin -Mayer) Hermosa Beach Page 1 Printed on 11/17/2015 • • • City Council Meeting Minutes March 10, 2015 Attachments: RHI Report on Hermosa Beach - FINAL (2).pdf Sociable City Implementation Plan.docx SUPPLEMENTAL Sociable City Slides (added at 3-10-15 at 11am).pdf Economic Development Officer Margolin -Mayer gave a PowerPoint presentation and responded to Council questions. City Manager Bakaly also responded to Council questions. Councilmember Fangary disclosed ex parte communications. Discussion included: • Potential use of "greeters" who give directions and assist visitors to the City • Better lighting in all City parking lots • More LED string lighting on and between Pier Plaza trees • Possibly allowing (highly regulated) street performers • Performances by local schoolchildren • Big band and jazz performances PUBLIC COMMENT Coming forward to address the Council on items a) and b) were: Julie Hamill Dave Fulton Sheryl Main David Lowe Action: To receive and file the updates for both a) and b). Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. ADJOURNMENT OF STUDY SESSION — 7:07 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:23 p.m. PLEDGE OF ALLEGIANCE — Fred Hahn ROLL CALL: Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None Hermosa Beach Page 2 Printed on 11/17/2015 • • City Council Meeting Minutes March 10, 2015 CLOSED SESSION REPORT — None ANNOUNCEMENTS Councilmember Fangary announced the Beach Cities Symposium on Underage Drinking tomorrow at 6:30 - 8:30 p.m. in the Community Center's 2nd Story Theater. He disclosed recent meetings with OTO Development and Bolour Associates about their prospective hotels. Mayor pro tern Barragan thanked the community for the big Election Day. turnout at the polls. Mayor Tucker said he threw out the first pitch last weekend at the Hermosa Beach Little League game and acknowledged staff for its upkeep of Clark Field. He also invited everyone to attend Hermosa's annual St. Patrick's Day Parade Saturday, March 14, starting at 11 a.m. City Clerk Doerfling gave a brief update on the March 3 election, saying she hopes to complete the canvas of returns in time to certify the results for presentation at the Council's regular meeting of March 24. PROCLAMATIONS / PRESENTATIONS a) I D#2015-0222 SPECIAL OLYMPICS HOST TOWN PRESENTATION Jody Leventhal, Hermosa Beach Host Town Chair, said Hermosa will host athletes from Belgium and Belize, noting that donations are still welcome, and showed a promotional video. b) ID#2015-0181 RECOGNITION OF CITY OF HERMOSA BEACH 2014 BEACH CITIES TOY DRIVE ORGANIZERS Mayor Tucker presented to JR Reviczky a Certificate of Recognition for his work with the annual toy drive, thanking him for his dedication. Sam Edgerton, who was not in attendance, was also recognized for his work. Hermosa Beach Page 3 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Isabella Bacallao Sophia Pizer and SaraJane Bacallao Barbara Ellman Sheryl Main Sal Longo Jose Bacallao Allan Mason Dennis Jarvis Mike Collins Craig Cadwallader, Surfrider Foundation South Bay Chapter Dave Fulton David Lowe, Hermosa Restaurant & Tavern Association Chris Prenter a) ID#2015-0258 LETTER FROM FRED HUEBSCHER DATED MARCH 9, 2015 REGARDING AGENDA COVER AND RESPONSE FROM CITY Attachments: Letter from Fred Huebscher regarding agenda cover and response from City (added 3-10-15 at 11am).pdf agenda cover 030915 (added 3-10-15 at 11 am).pdf Action: To receive and file the letter. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: I D#2015-0241 Action: To approve the Consent Calendar. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. MEMORANDUM REGARDING CITY COUNCIL MINUTES Action: To receive and file the memorandum. b) ID#2015-0234 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 02-19-15 02-26-15 Action: To ratify the check registers. Hermosa Beach Page 4 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 c) ID#2015-0239 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. d) ID#2015-0246 CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) fl Attachments: Cash Balances Jan 15.pdf Treasurer Report Jan'15 .pdf Action: To receive and file the January 2015 Reports. ID#2015-0235 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve cancellation of certain checks, as recommended by the City Treasurer. ID#2015-0256 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 5, 2015 Attachments: 010515 minutes-FINAL.pdf Action: To approve the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2015. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 3, 2015 ID#2015-0245 Attachments: February 3 2015 Parks Recreation and Community Resources Minutes-Final.docx Action: To approve the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2015. ID#2015-0236 AWARD STORM DRAIN CATCH BASIN MAINTENANCE CONTRACT (Associate Engineer Homayoun Behboodi) Attachments: Draft PSA EXHIBIT storm drain catch basin maint rfp 1-12-15 FINAL United Storm Water Inc Proposal Action: To approve the staff recommendation to: 1) Award the attached Storm Drain Catch Basin Maintenance contract to United Storm Water for the period beginning April 1, 2015 and ending March 31, 2018 for a total three year contract amount of $71,062.50; 2) Authorize the Mayor to execute and the City Clerk to attest the Hermosa Beach Page 5 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 i) • j) ID#2015-0233 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. CIP 14-173 8TH STREET IMPROVEMENTS AWARD PRELIMINARY DESIGN CONTRACT (Project Manager Victor Chavez) Attachments: ATT 1 - Draft PSA.pdf ATT 2 - Harris Proposal.pdf ATT 3 - Fee Schedule.pdf Action: To approve the staff recommendation to: 1) Award Professional Services Agreement to Harris and Associates in the amount of $64,940 to provide conceptual designs and preliminary engineering; 2) Authorize the Director of Public Works to make changes as necessary within the approved budget; and 3) Authorize an additional appropriation of $4,434 to the Tyco Fund. ID#2015-0232 CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS -PLAYGROUND REMODEL AWARD CONSTRUCTION CONTRACT (Associate Engineer Mondher SaTed, P.E.) Attachments: Green Giant Construction Contract.doc Resolution.doc SUPPLEMENTAL -South Park Site Analysis Final Concept 4-1-14 (added 3/9/15 at Om) Action: To approve the staff recommendation to: 1) Award the Construction Contract to Green Giant Landscape Inc. to provide construction services for CIP 11-537 South Park Phase I Improvements -Playground Remodel in the amount of $755,909; 2) Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney; 3) Adopt Resolution No. 15-6941, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE SPECIFICATIONS FOR THE CONSTRUCTION OF CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS -PLAYGROUND REMODEL PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 4) Authorize an additional appropriation of $78,259 from the Capital Improvement Fund; and 5) Authorize the Director of Public Works to make changes to the contract within the proiect budget. Hermosa Beach Page 6 Printed on 11/17/2015 • • • City Council Meeting Minutes March 10, 2015 k) I) ID#2015-0238 CONSIDERATION OF A RESOLUTION DECLARING THE CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 28, 2015 FROM 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2015 (Environmental Analyst Kristy Morris) Attachments: Proposed Resolution.doc Action: To adopt Resolution No. 15-6942, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 28, 2015 FROM 8:30 P.M. TO 9:30 P.M. INCLUDING TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRIC DEVICES IN MUNICIPAL AND OTHER FACILITIES, AND URGING PARTICIPATION IN EARTH DAY ON APRIL 22, 2015." ID#2015-0237 APPROVAL OF OUR LADY OF GUADALUPE CHURCH'S EASTER SUNRISE MASS ADDITION TO THE SPECIAL EVENT CALENDAR FOR SUNDAY, APRIL 5, 2015 (Senior Recreation Supervisor Kelly Orta) Attachments: Easter Sunrise Mass Special Event Application Approved 2015 Calendar of Events (Jan to Julvl m) ID#2015-0242 Action: To approve the addition to the Special Events Calendar. REQUEST FOR APPROVAL OF DONATION TO MIRA COSTA HIGH SCHOOL GRAD NIGHT 2015 (City Manager Tom Bakaly) Attachments: Mira Costa GRAD Nite Donation Request 2015.pdf Action: To approve the requested $1,000 donation to the Mira Costa High School G.R.A.D. Booster Club. 3. CONSENT ORDINANCES a) ID#2015-0257 ORDINANCE NO. 15-1349 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND Hermosa Beach Page 7 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY (City Clerk Elaine Doerfling) Attachments: 15-1349 Retail -Sales Display Encroachments -Pier Plaza Coming forward to address the Council on this item was: Dennis Jarvis Richard O'Reilly Action: To waive full reading and re -introduce Ordinance No. 15-1349, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE,CHAPTER 12.16 ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY," with paragraph 5.b. revised to include the vertical display (in a rack against the exterior wall) of six new surfboards not to exceed seven feet in height. Motion Barragan, second Tucker. The motion carried 3-2, noting the dissentina votes of DiVirailio and Fanaarv. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — All items are from the February 24, 2015 meeting a) b) ID#2015-0218 TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of February 24, 2015) Attachments: Tentative Future Agenda.doc ID#2015-0207 This item was pulled by Councilmember Fangary. Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2015 (Continued from meeting of February 24, 2015) Attachments: action minutes 1-21-15 This item was pulled by Councilmember Fangary. Action: To receive and file the action minutes of the Public Works Commission meeting of January 21, 2015. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. Hermosa Beach Page 8 Printed on 11/17/2015 • • City Council Meeting Minutes March 10, 2015 c) ID#2015-0211 REMOVAL OF GRANITE CUBICAL BOLLARDS AND RELOCATION OF PLAQUES ON PIER PLAZA (Continued from meeting of February 24, 2015) (Associate Engineer Homayoun Behboodi) Attachments: Attachment 1 PierPlazaLavout Attachment 2 Bollards, Disabled Markings, and Plaques Attachment 3 Areas for Relocation This item was pulled by Councilmember Fangary. Public Works Director Brozyna presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) Approve the removal of the granite cubical bollards from Pier Plaza; 2) Authorize the City Manager to enter into an agreement with the Lighthouse owner for the refurbishment and relocation of the jazz plaques; and 3) Authorize the relocation of the jazz plaques onto the Pier head as an alternative location. Motion Barragan, second Petty. The motion carried by a unanimous vote. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) ID#2015-0252 TEXT AMENDMENT TO THE MUNICIPAL CODE TO MODIFY PROVISIONS RELATING TO THE DEFINITION AND STANDARDS FOR RESTAURANTS, BARS, PLACES WITH LIVE ENTERTAINMENT, AND ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO AND RELATED AMENDMENTS FOR CONSISTENCY AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Attachments: Proposed Ordinance PC Resolution 15-2 Community Development Director Robertson presented the staff report and responded to Council questions. Hermosa Beach Page 9 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 City Attorney Jenkins and Police Chief Papa also responded to Council questions. Marcie Griffin, California Department of Alcoholic Beverage Control (CABC) Deputy Division Chief, Southern Division, and Vincent Cravens, CABC District Administrator/Captain, responded to Council questions. The public hearing opened at 9:16 p.m. Coming forward to address the Council on this item were: Seth Weiss Fred Hahn David Lowe The public hearing closed at 9:23 p.m. Action: To introduce (as amended this evening) and waive full reading of Ordinance No. 15-1350, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING) RELATING TO THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS FOR RESTAURANTS AND ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO," amended this evening to define restaurant as a bona fide public eating establishment, allow those open after 11 p.m. to serve their choice of food items until an hour prior to the closing, and require restaurants to maintain a minimum of 50% of total gross sales. Motion Petty, second Tucker. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. The meeting recessed at 10:28 p.m. The meeting reconvened at 10:46 p.m. ID#2015-0251 APPROVAL OF FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR IMPROVEMENTS IDENTIFIED IN AMERICANS WITH DISABILITIES ACT TRANSITION PLAN (Senior Planner Pamela Townsend) Attachments: Proposed Resolution Community Development Director Robertson presented the staff report and responded to Council questions. Public Works Director Brozyna also responded to Council questions. The public hearing opened at 10:49 p.m. Coming forward to address the Council at this time was: Geoff Hirsch Hermosa Beach Page 10 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 The public hearing closed at 10:55 p.m. Action: To adopt Resolution No. 15-6943, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2015-2016." Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. Action: To continue on with the meeting and adjourn at midnight. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. At 11 p.m., the order of the agenda moved to Item 3(a). 6. MUNICIPAL MATTERS a) ID#2015-0221 CITY MANAGER BONUS (Continued from meeting of February 24, 2015) (City Attorney Mike Jenkins) Attachments: SUPPLEMENTAL Resolution approving bonus (added 3-10-15 at 2:45pm).pdf Councilmember Fangary left the meeting at 11:55 p.m. City Attorney Jenkins presented the executive summary/staff report and responded to Council questions. Action: To adopt Resolution No. 15-6944 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A BONUS FOR THE CITY MANAGER FOR CALENDAR YEAR 2014" approving the recommended 7% bonus. Motion Petty, second DiVirgilio. The motion carried 3-1, noting the dissenting vote of Barragan and the absence of Fangary. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT 15-0220 HERMOSA BEACH CITY / SCHOOL COMPACT MEETING (Continued from meeting of February 24, 2015) (City Manager Tom Bakaly) Attachments: COMPACT AfterSchoolProgram 2 11 15 FINAL.docx This item was continued. Hermosa Beach Page 11 Printed on 11/17/2015 • City Council Meeting Minutes March 10, 2015 b) REPORT 15-0226 CITY COUNCIL SUBCOMMITTEES (Continued from meeting of February 24, 2015) Attachments: ADPL List 4 Final 2015.doc This item was continued. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) ID#2015-0253 VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Action: To direct the City Clerk to advertise for applicants to fill the expiring Emergency Preparedness Advisory Commission terms. Motion Petty, second Barragan. The motion carried by a unanimous b) ID#2015-0255 VACANCIES - BOARDS AND COMMISSIONS - • PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION UNEXPIRED TERM ENDING JUNE 20, 2017 (City Clerk Elaine Doerfling) Attachments: Resignation Letter Lauzon Action: To direct the City Clerk to advertise for applicants to fill the expiring Parks, Recreation and Community Resources Advisory Commission term. Motion Petty, second Barragan. The motion carried by a unanimous vote. Additional Action: To extend the meeting until 12:15 a.m. Motion Petty, second Barragan. The motion carried 4-1, noting the dissenting vote of Fangary. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT The meeting adjourned at 12:07 a.m. Wednesday, June 11, 2015, to the City Council Retreat on Saturday, March 14, at 7:30 a.m. at the Beach House (1300 The Strand), which will adjourn to the Regular meeting of March 24, 2015, with a Closed Session at 6 p.m. to be followed by the Regular meeting at 7 p.m. i s Council Chambers. City Clerk ,ii ,' ' Deputy City Clerk Hermosa Beach Page 12 Printed on 11/17/2015 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, March 24, 2015 6:00 PM Closed Session - 6:00 p.m., Regular City Council Meeting - 7:00 p.m. Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes March 24, 2015 6:00 P.M. - CLOSED SESSION CALL TO ORDER IN COUNCIL CHAMBERS 6:05 p.m. ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT No one came forward to address the Council. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM a) REPORT 15-0212 6:06 p.m. MINUTES: Approval of minutes of the following Closed Sessions: Closed Session of January 27, 2015; and, Closed Session of February 10, 2015 b) REPORT CONFERENCE WITH REAL PROPERTY NEGOTIATOR 15-0276 Government Code Section 54956.8 Property: 552 11th Place (Hermosa Self -Storage) City Negotiator: City Manager/Finance Director Negotiating Party: Richard Thielscher, Thielscher-Randall Corporation Under negotiation: Price and terms of payment of lease extension between City (Lessor) and Thielscher-Randall (Lessee) c) REPORT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 15-0275 Government Code Section 54957 Title: City Attorney Discussion of process for City Attorney performance evaluation ADJOURNMENT OF CLOSED SESSION 6:55 p.m. 7:00 P.M. - REGULAR AGENDA • CALL TO ORDER 7:11 p.m. Hermosa Beach Page 1 Printed on 10/21/2015 • • City Council Meeting Minutes March 24, 2015 PLEDGE OF ALLEGIANCE ROLL CALL Cliff Numark Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received prior to Closed Session; the two agendized items were discussed, with nothing added to the agenda; and no reportable action was taken. City Clerk Doerfling said additional time was needed to verify ballots/canvas returns from the March 3, 2015 Special Election, requiring certification of the election results (agenda item 6a) to be postponed from tonight's meeting to an adjourned regular meeting at 5 p.m. Thursday, March 26, at which time a resolution declaring the results will be presented for Council adoption. ANNOUNCEMENTS Action: To allow Councilmember Fangary the opportunity this evening to address the item he missed at the last meeting (city manager bonus). Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Councilmember Fangary announced the General Plan Workshop to be held Saturday, March 28; and acknowledged both Hermosa and Redondo staff for quickly addressing a sinkhole problem at the intersection of Ninth Street and Ardmore Avenue. Mayor pro tem Barragan thanked all who supported her recent letter to the editor in the local paper; and welcomed contact from residents. Mayor Tucker announced the State of the City address to be held at the Beach House Hotel at 7 p.m. Thursday, March 26, with a 6 p.m. reception beforehand. PROCLAMATIONS / PRESENTATIONS a) REPORT BADGE PINNING CEREMONY FOR FIRE FIGHTER THOMAS SURBER 15-0286 Hermosa Beach Page 2 Printed on 10121/2015 • City Council Meeting Minutes March 24, 2015 b) REPORT 15-0287 Fire Chief Lantzer introduced Thomas Surber, the City's new firefighter/ paramedic, calling him an exemplary employee, and pinned his badge onto his uniform. Mr. Surber said he was grateful for the opportunity to serve Hermosa and thanked his fellow firefighters for their guidance. RECOGNIZING MARCH AS RED CROSS MONTH Gila Katz was recognized for her volunteer work in the community by Julie Thomas, Red Cross Santa Monica Chapter Executive Director and Cliff Numark, Red Cross Vice President. Ms. Katz said it had been a great honor representing Hermosa as a Red Cross ambassador. Mayor Tucker then presented the certificate proclaiming March as "Red Cross Month." REPORT RECOGNIZING DONATION OF $1,405 FROM KATHLEEN WHITEHEAD 15-0288 FOR VALLEY PARK PICNIC TABLE AND DEDICATION PLAQUE Mayor Tucker presented Kathleen Whitehead with the Certificate of Recognition for her donation toward the purchase of a picnic table with a dedication plaque for Valley Park. Ms. Whitehead then spoke of her fondness of Valley Park. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Jim Lissner Sheryl Main Gary Brown No name given Allan Mason REPORT LETTER FROM SONYA HODSON DATED MARCH 4, 2015 REGARDING 15-0283 HERMOSA BEACH VOLLEYBALL COURTS DISCUSSION Attachments: Sonya Hodson Letter.docx Hermosa Beach Page 3 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 Action: To receive and file the letter. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. REPORT LETTER FROM JIM LISSNER DATED MARCH 17, 2015 REGARDING 15-0285 SHOWING THE UNASSIGNED BALANCE Attachments: Jim Lissner Letter.docx City of Beverly Hills.pdf City of Park City.pdf Action: To receive and file the letter. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. Further Action: To direct staff to return with discussion about showing the unassigned balance of the CAFR at the May 21, 2015 Budget Workshop. It was the consensus of the Council to approve this motion. At this time, Mayor Tucker invited Councilmember Fangary to address the item he missed at the last meeting (city manager bonus). Councilmember Fangary first disclosed ex parte communications with Bolour & Associates. He then discussed his thoughts on agenda clarity as it relates to the Brown Act, as well as his belief that public comment should be solicited for Closed Session items. 2. CONSENT CALENDAR: Action: To approve the Consent Calendar items with the exception of the following item which was removed for separate discussion: 2g Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. a) REPORT MEMORANDUM REGARDING CITY COUNCIL MINUTES 15-0282 (City Clerk Elaine Doerfling) Action: To receive and file the memorandum regarding City Council minutes. b) REPORT 15-0263 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 03-05-15 2b(1) 03-11-15 2b(2) 03-12-15 2b(3) Hermosa Beach Page 4 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 c) REPORT 15-0267 Attachments: d) REPORT 15-0277 e) REPORT 15-0279 Action: To ratify check registers as presented. TENTATIVE FUTURE AGENDA ITEMS Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. REVENUE AND EXPENDITURE REPORTS FOR FEBRUARY 2015 (Finance Director Viki Copeland) Action: To receive and file the February 2015 Financial Reports. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF MARCH 17, 2015 (Community Development Director Ken Robertson) Attachments: PI. Comm. Action Sheet 3-17-15.doc Action: To receive and file the action sheet of the Planning Commission meeting of March 17, 2015. • f) REPORT SUBJECT: FINAL MAP NO. 72210 (C.U.P. CON NO. 13-6, PDP NO. 15-0273 13-7) LOCATION: 1500 HERMOSA AVENUE APPLICANT(S): 1500 HERMOSA AVENUE LLC Attachments: REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Senior Planner Pamela Townsend) 1500 Hermosa reso.docx Action: To approve Resolution No. 15-6945, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72210, FOR THE SUBDIVISION OF A two -UNIT CONDOMINIUM, LOCATED AT 1500 Hermosa Avenue IN THE CITY OF HERMOSA BEACH, CALIFORNIA." Hermosa Beach Page 5 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 REPORT 15-0261 CIP PROJECT NO. 14-402 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS AWARD CONSTRUCTION CONTRACT (Assistant Engineer Victor H. Chavez) Attachments: 14-402 Attachment 1 - Construction Contract 14-402 Attachment 2 - Resolution REPORT 15-0264 Attachments: REPORT 15-0265 This item had been removed from the consent calendar by Councilmember Fangary for separate discussion. Action To approve the staff recommendation to: 1) Award the Construction Contract for CIP Project No. 14-402 Sewer Improvements at Various Locations to Southwest Pipeline & Trenchless Corp. of the City of Torrance of California in the amount of $464,488; 2) Authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 3) Adopt Resolution No. 15-6947,entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP No. 14-402 SEWER IMPROVEMENTS - VARIOUS LOCATIONS PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 4) Authorize an additional appropriation of $88,889 from the Sewer Fund; and 5) Authorize the Director of Public Works to make changes as necessary within the project budget Motion Barragan, second Petty. The motion carried by a unanimous vote. PROJECT STATUS REPORT AS OF FEBRUARY 28, 2015 (Director of Public Works/City Engineer, Andrew Brozyna, P.E.) CIP Proiect Summary FEB 2015 3-17-15 Action: To receive and file the Project Status Report. APPROPRIATION OF MEASURE R FUNDS RECEIVED FROM SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) TO CIP-12-143, PACIFIC COAST HIGHWAY (PCH)/AVIATION MOBILITY IMPROVEMENT PROJECT (Public Works Director/City Engineer Andrew Brozyna) Action: To approve the appropriation of Measure R funds in the amount of $190,000 to be received from the SBCCOG to CIP-12-143, Pacific Coast Highway (PCH)/Aviation Mobility Improvement Project, and corresponding revenue to the Measure R Fund. Hermosa Beach Page 6 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 j) REPORT 15-0266 APPROVAL OF ONE MONTH LEASE EXTENSION FOR PROPERTY LOCATED AT 552 11TH PLACE (HERMOSA SELF STORAGE) (Finance Director Viki Copeland) Attachments: 4th Self Storage Lease Amendment, CA Approved Action: To approve the staff recommendation to: 1) Approve the extension of the lease term for 30 days to April 30, 2015; and 2) Direct the City Manager to execute the attached extension of the lease. k) REPORT ACCEPTANCE OF DONATION 15-0259 (Finance Director Viki Copeland) Action: To accept the donation from Kathleen Whitehead toward one picnic table for Valley Park with dedication plaque. 3. CONSENT ORDINANCES a) ORD 15-0262 ORDINANCE NO. 15-1350 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING), RELATING TO THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS FOR RESTAURANTS AND ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO" (City Clerk Elaine Doerfling) Attachments: 15-1350 Restaurants-AIc.Bev.Estab. SUPPLEMENTAL Raymond Dussault (added 3-24-15 at 4pm).pdf SUPPLEMENTAL Kerri Krusinski (added 3-24-15 at 4pm).pdf Action: To waive full reading and adopt by title Ordinance No. 15-1350, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING), RELATING TO THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS FOR RESTAURANTS AND ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO." Motion Petty, second DiVirgilio. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. 4. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION • Item 2(g) was heard at this time but is shown in order for clarity. Hermosa Beach Page 7 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT 15-0272 CONSIDERATION OF ADOPTION OF ORDINANCE 15-1349 AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA (AS AMENDED TO ALLOW OUTDOOR DISPLAY OF SURFBOARDS), AND AMENDING CHAPTER 17.26 FOR CONSISTENCY AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Attachments: Proposed Ordinance 15-1349 Legal Posting SUPPLEMENTAL H. Lonqacre (added 3-23-15 at 12pm).pdf Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:12 p.m. Coming forward to address the Council on this item were: Dennis Jarvis George Barks Raymond Dussault Chris Pike Barbara Ellman Sheryl Main Chris Prenter The public hearing closed at 8:19 p.m. Action: To waive full reading and adopt Ordinance No. 15-1349, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY." Motion Petty, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 8 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 b) REPORT 15-0274 GENERAL PLAN LAND USE MAP AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND GENERAL PLAN TEXT AMENDMENT AT 1906 -1918 PACIFIC COAST HIGHWAY AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Attachments: Proposed Resolution PC Reso 15-4 (1906-1918 PCH) GPA- Legal Posting Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:26 p.m. Coming forward to address the Council on this item was: Doug Leach, architect on behalf of the property owners The public hearing closed at 8:27 p.m. Action: To adopt Resolution No. 15-6946, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND GENERAL PLAN TEXT AMENDMENT FOR CONSISTENCY AT 1906 TO 1918 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS SW 10' OF LOT 61 AND ALL OF LOTS 62, 63 AND 64, TRACT NO. 2548 AND LOT 1, TRACT NO: 8476, CITY OF HERMOSA BEACH, CALIFORNIA, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. MUNICIPAL MATTERS REPORT CERTIFIED RESULTS OF THE CANVASS OF VOTES FOR THE 15-0271 SPECIAL MUNICIPAL ELECTION OF MARCH 3, 2015 (City Clerk Elaine Doerfling) Hermosa Beach Page 9 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 Attachments: SUPPLEMENTAL City Clerk Memo (added 3-23-15 at 5pm).pdf SUPPLEMENTAL Memo and Resolution No. 15-6948 (added 3-26-15 at 7pm).pdf SUPPLEMENTAL Exhibit A - Certificate of Canvass (added 3-26-15 at 7pm).pdf b) REPORT 15-0268 This item was continued, as requested by the City Clerk. REVIEW OF FINANCING ALTERNATIVES FOR IMPLEMENTATION OF THE SETTLEMENT AGREEMENT WITH E&B NATURAL RESOURCES MANAGEMENT CORPORATION IN LIGHT OF THE DEFEAT OF MEASURE 0 (Finance Director Viki Copeland) Attachments: SUPPLEMENTAL Slides from Kosmont (added 3-23-15 at 12pm).pdf SUPPLEMENTAL H. Lonqacre (added 3-23-15 at 5pm).pdf SUPPLEMENTAL StaceyArmato (added 3-24-15 at 11am).pdf SUPPLEMENTAL Fiscal Health Slides (added 3-24-15 at 4pm).pdf SUPPLEMENTAL Discretionary Funds (added 3-24-15 at 4pm).pdf Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Larry Kosmont, Kosmont Companies President/CEO, gave a PowerPoint presentation entitled "Preliminary Financing Scenarios Review," acknowledged members of his team in attendance, responded to Council questions, and introduced the next two speakers. Danny Kim, Norton Rose Fulbright US LLP Partner, discussed the possibility of tax exempt status for payment of the settlement. Dan Dan Massiello, Kosmont Companies Senior Vice President - Public Finance, spoke of additional available financing options. Coming forward to address the Council on this item were: Ira Liflin Dency Nelson Andrea Valcourt Jim Sullivan Sheryl Main Gary Brown Action: To direct staff to focus on the following: • Readying a $6 million down payment; • A lease revenue bond option of between 15-20 years; • A tax-deferred option (but move forward with the taxable option); • Creation of a Joint Powers Authority with a focus on fixed but look at variable; and Hermosa Beach Page 10 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 c) REPORT 15-0280 Attachments: • An informal selection process for a financial advisor and bond counsel. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. Action: To continue on with the meeting until 12:30 a.m., then re-evaluate if necessary. Motion Petty, second Tucker. The motion carried by a unanimous vote. At 10:42 p.m. the meeting recessed. At 10:56 p.m. the meeting reconvened. PILOT PARKING PROGRAM UPDATE AND RECOMMENDATION FOR PURCHASE OF ELECTRONIC SINGLE-SPACE PARKING METERS (Management Analyst Nico De Anda-Scaia) 1 Official Citywide Silver Meter Map 1 Official North Yellow-Silv Meter Map 1 Official South Yellow-Silv Meter Map 2 RFP - City of San Rafael 3 IPS RFP RESP - City of San Rafael 4 Meters put to Work SUPPLEMENTAL David Lowe (added 3-24-15 at 11am).pdf SUPPLEMENTAL Formal Agreement (added 3-24-15 at 11am).pdf SUPPLEMENTAL Certificate of Liability (added 3-24-15 at 11am).pdf Management Analyst Nico de Anda-Scaia presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. David Lowe, Chamber of Commerce Parking Subcommitee member, was invited forward to speak and to respond to Council questions. Coming forward to address the Council on this item were: Mike Chiodo, IPS Group Director of Sales -Western Region David Lowe George Barks Action: To approve the staff recommendation to: 1) Receive and file the results from the Pilot Parking Program submitted by staff; 2) Authorize the additional appropriation of funds needed to purchase and install 471 single space electronic parking meters for commercial areas throughout the City in the amount of $217,029 from the Equipment Replacement Fund; and 3) Approve a contract with IPS Group, Inc. for the purchase and installation of 471 single space electronic parking meters including back-up battery components, and for ongoing wireless connectivity fees, and authorize the City Manager to execute the appropriate documents; with additional direction given to have staff return with a marketing plan for Council review at a future date; and to grant staff the authority to increase the hourly parking rate by 25 cents at night. Motion Petty, second Tucker. The motion carried by a unanimous vote. Hermosa Beach Page 11 Printed on 10/21/2015 • City Council Meeting Minutes March 24, 2015 d) REPORT 15-0284 2015 CITY COMMUNICATIONS PLAN (City Manager Tom Bakaly) Attachments: HermosaBeach CommunicationsPlan 2015 FINAL.docx 2015 Hermosa Beach PRMatrix FINAL.pdf Action: To receive and file the report. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. . MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER REPORT 15-0220 HERMOSA BEACH CITY / SCHOOL COMPACT MEETING (Continued from meeting of February 24, 2015) (City Manager Tom Bakaly) Attachments: COMPACT AfterSchoolProgram 2 11 15 FINAL.docx b) REPORT 15-0226 Action: To receive and file the report. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. CITY COUNCIL SUBCOMMITTEES (Continued from meeting of February 24, 2015) Attachments: Appt List 4 Final 2015.doc Action: To receive and file the appointments list. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL None 9. OTHER MATTERS - CITY COUNCIL a) REPORT 15-0289 REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND UPDATE, IF NECESSARY, CITY COUNCIL PROCEDURES AND PROTOCOLS REGARDING DESCRIPTIONS OF AGENDA ITEMS AND LOCATION OF CITY COUNCIL MEETINGS, CONSISTENT WITH Hermosa Beach Page 12 Printed on 10/21/2015 • • City Council Meeting Minutes March 24, 2015 b) REPORT 15-0290 c) ADJOURNMENT THE REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 54954.2. Councilmember Fangary spoke to his request, garnering support from Mayor pro tem Barragan. REQUEST FROM COUNCILMEMBER FANGARY TO CONSIDER ADOPTION OF A CITY COUNCIL RESOLUTION TO FIX THE CITY MANAGER'S SALARY CONSISTENT WITH HIS CURRENT SALARY, PURSUANT TO HERMOSA BEACH MUNICIPAL CODE SECTION 2.12.050. City Attorney Jenkins responded to Council questions. Councilmember Fangary spoke to his request, garnering support from Mayor pro tem Barragan. REQUEST FROM MAYOR PRO TEM BARRAGAN TO CONSIDER PUTTING A MEASURE ON THE BALLOT TO INCREASE THE CITY'S TRANSIENT OCCUPANCY TAX (TOT). Mayor pro tem Barragan spoke to her request, garnering support from Councilmember Fangary and Mayor Tucker. The Regular meeting of the City Council of the City of Hermosa Beach, California, adjourned at 12:30 a.m., Wednesday, March 25, 2015, to an Adjourned Regular meeting (for the purpose of certifying the election results) at 5 p.m. on Thursday, March 26, in Council Chambers, which will then adjourn to the Regular meeting of Tuesday, April 14, 2015, with a Closed Session at 6 p.m. to be followed by the Regular meeting at 7 p.m. in Council Chambers. City Clerk ,) ;\ ,l � I Deputy City Clerk Hermosa Beach Page 13 Printed on 10/21/2015 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Thursday, March 26, 2015 5:00 PM Adjourned Regular Meeting - 5:00pm Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes March 26, 2015 CALL TO ORDER — 5:15 p.m. PLEDGE OF ALLEGIANCE — John Wayne Miller ROLL CALL Present: DiVirgilio, Petty, Mayor Tucker Absent: Barragan, Fangary PUBLIC PARTICIPATION: Coming forward to address the Council at this time was: Barbara Guild 1. REPORT CERTIFIED RESULTS OF THE CANVASS OF VOTES FOR THE SPECIAL 15-0271 MUNICIPAL ELECTION OF MARCH 3, 2015 (City Clerk Elaine Doerfling) Attachments SUPPLEMENTAL City Clerk Memo (added 3-23-15 at 5pm).pdf SUPPLEMENTAL Memo and Resolution No. 15-6948 (added 3-26-15 at 7pm).pdf SUPPLEMENTAL Exhibit A - Certificate of Canvass (added 3-26-15 at 7pm).pdf City Clerk Doerfling presented the certified results of the canvass, citing the exceptionally high voter turnout (about 54% of registered voters), with the vast majority voting against Measure O. Action: To adopt Resolution No. 15-6948 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD TUESDAY, MARCH 3, 2015, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW," as recommended by the City Clerk. Motion DiVirgilio, second Petty. The motion carried 3-0, noting the absence of Barragan and Fangary. Mayor Tucker invited everyone to this evening's State of the City address at the Beach House Hotel at 7 p.m., with a 6 p.m. reception beforehand. ADJOURNMENT — The Adjourned Regular meeting of the City Council of the City of Hermosa Beach, California, adjourned at 5:21 p.m. Thursday, March 26, 2015, to the Regular meeting of Tuesday, April 14, 2015, with a Closed Session at 6 p.m., followed by the Regular meeting at 7 p.m. in Council Chambers. Hermosa Beach Page 1 Printed on 11/19/2015 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, April 14, 2015 6:00 PM Closed Session - 6pm, Regular City Council Meeting - 7pm Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes April 14, 2015 6:00 P.M. - CLOSED SESSION CALL TO ORDER IN COUNCIL CHAMBERS 6:06 p.m. ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT No one addressed the Council at this time. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:07 p.m. 1. REPORT MINUTES: Approval of minutes of Closed Session held on March 24, 2015. 15-0315 REPORT CONFERENCE WITH LEGAL COUNSEL 15-0324 The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. 3. REPORT 15-0314 Initiation of Litigation - Government Code Section 54956.9(d)(4) Number of Potential Cases: 1 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b) Name of Case: Green v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC571125 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e) Name of Case: Roberts et al v. City of Hermosa Beach Hermosa Beach Page 1 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 Los Angeles County Superior Court, Case Number: BC544495 f) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 ADJOURNMENT OF CLOSED SESSION 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:10 p.m. PLEDGE OF ALLEGIANCE Chuck Sheldon ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received before Closed Session, no items were added, and there were no reportable actions taken. ANNOUNCEMENTS Mayor Tucker read from a letter from the Secretary of the Air Force that the Los Angeles Air Force Base will not be closing because of an effective local letter -writing campaign and called the Base a valuable asset to both the community and the nation. He then said he was excited that improvements to the Pacific Coast Highway/Aviation Boulevard intersection would soon be underway. PROCLAMATIONS / PRESENTATIONS a) REPORT 15-0309 PROCLAMATION DECLARING APRIL AS "NATIONAL ALCOHOL AWARENESS AND PREVENTION MONTH" Mayor Tucker presented the proclamation to Raunda Frank and Holly Maynes of Behavioral Health Services. Hermosa Beach Page 2 Printed on 11/19/2015 • • City Council Meeting Minutes April 14, 2015 b) REPORT 15-0310 c) REPORT 15-0311 David Lowe and another representative of "South Bay Communities Creating Change" declared April 2015 as National Alcohol Awareness and Prevention Month. PROCLAMATION DECLARING APRIL 12 -18, 2015 AS "NATIONAL LIBRARY WEEK" Mayor Tucker presented the proclamation to Kelly Conn, Community Library Manager, who thanked the community and the City for their support. PROCLAMATION DECLARING APRIL 24, 2015 AS "A DAY OF REMEMBRANCE OF THE ARMENIAN GENOCIDE OF 1915-1923" Mayor Tucker invited all of Armenian heritage in attendance to come forward and presented the proclamation. Sako Baghoyan thanked the City for the recognition, and it was noted that many who came forward were descendents of survivors of the genocide. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Kimberlee MacMullan, Chamber of Commerce President/CEO Jose Bacallao Mike Owen Larry Nakamura Barbara Ellman Marie Rice Sal Longo Dave Fulton Sheryl Main Chris Prenter Betsy Ryan Miguel Cruz, Sandy Saemann Phil Friedl City Manager Bakaly and City Attorney Jenkins responded to Council questions. Hermosa Beach Page 3 Printed on 11/19/2015 • • City Council Meeting Minutes April 14, 2015 REPORT 15-0313 Attachments: Councilmember Fangary disclosed ex parte communications. Police Chief Papa and Captain Milton McKinnon were called forward to respond to Council questions. LETTERS REGARDING VOLLEYBALL COURTS Michael Soenen Letter and attachments.pdf Chris Brown Letter.pdf SUPPLEMENTAL Suni Keeling Letter (added 4-14-15 at 10am).pdf SUPPLEMENTAL Kevin Bannerman Letter (added 4-14-15 at 10am).pdf SUPPLEMENTAL Dan Wright Letter (added 4-14-15 at 2pm).pdf SUPPLEMENTAL Ted Blaisdell Letter (added 4-14-15 at 2pm).pdf SUPPLEMENTAL Monica Owen Letter (added 4-14-15 at 2pm).pdf SUPPLEMENTAL Tavna Domasco Letter (added 4-14-15 at 2pm).pdf SUPPLEMENTAL Rashel Mereness Letter (added 4-14-15 at 2pm).pdf Action: To receive and file the letters. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the Consent Calendar with the exception of the following items that were removed for separate discussion later in the meeting, but are shown in order for clarity: 2(c), Fangary; 2(0 and 2(j), DiVirgilio; 2(m), Petty. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. a) REPORT 15-0318 CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Attachments: 05-22-14 05-27-14 Action: To receive and file the memorandum. b) REPORT 15-0304 CHECK REGISTERS (Finance Director Viki Copeland) Hermosa Beach Page 4 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 Attachments: 03-19-15 03-23-15 03-26-15 03-30-15 04-02-15 c) REPORT 15-0307 • Attachments: REPORT 15-0294 Attachments: e) REPORT 15-0295 f) REPORT 15-0303 Attachments: Action: To ratify the check registers as presented. TENTATIVE FUTURE AGENDA ITEMS Tentative Future Agenda.doc This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly and City Attorney Jenkins responded to Council questions. Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Petty. The motion carried by a unanimous vote. CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) Treasurer Report Feb'15 .pdf Cash Balances Feb 15.pdf Action: To receive and file the March 2015 Financial Reports. CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks as recommended by the City Treasurer. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 4, 2015 03-04-15 SUPPLEMENTAL Letters and Attachments from Chris Brown and Dave Fulton (added 4-13-15 at 7pm).pdf SUPPLEMENTAL Jim O'Neil Letter (added 4-14-15 at 2pm).pdf SUPPLEMENTAL Harry Cartwright Letter (added 4-14-15 at 2pm).pdf Hermosa Beach Page 5 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 This item was pulled by Councilmember DiVirgilio at the request of Dave Fulton. City Manager Bakaly responded to Council questions. Coming forward to address the Counil on this item were: Dave Fulton Chris Brown Name indistinct Sandy Saemann Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 4, 2015. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. REPORT SUBJECT: FINAL MAP NO. 72189 (C.U.P. CON NO. 13-15, PDP NO. 15-0299 13-16) LOCATION: 504 25TH STREET APPLICANT(S): HB VALLEY LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Senior Planner Pamela Townsend) Attachments: 504 25th Street Resolution.docx Action: To adopt Resolution No. 15-6949, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72189, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 504 25TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." h) REPORT SUBJECT: FINAL MAP NO. 72574 (C.U.P. CON NO. 13-16, PDP NO. 15-0300 13-18) LOCATION: 512 25TH STREET Hermosa Beach Page 6 Printed on 11/19/2015 • • City Council Meeting Minutes April 14, 2015 APPLICANT(S): HB VALLEY LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Senior Planner Pamela Townsend) Attachments: 512 25th Street Resolution.docx i) REPORT 15-0296 Action: To adopt Resolution No. 15-6950, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72574, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 512 25TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO INCREASE THE VALUE OF THE PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING INC. FOR ADDITIONAL SEWER FEE SERVICES (Public Works Director Andrew Brozyna) Attachments: PENCO Proposal Scope of Services Attachment 1 4-15-15 amendment to penco aqr 4-14-15 Action: To approve the staff recommendation to: 1) Approve First Amendment to PENCO to increase the value of the Professional Services Agreement for additional services per the revised Scope of Services, enclosed as Attachment No. 1; 2) Authorize the Mayor to execute and the City Clerk to attest the attached First Amendment subject to approval by the City Attorney; and 3) Authorize the Director of Public Works to make changes to the agreement within the project budget. j) REPORT CIP 14-163 PROTECTIVE BOLLARDS/DELINEATORS ALONG THE 15-0298 STRAND APPROVE INSTALLATION (Project Manager Mondher SaTed) Hermosa Beach Page 7 Printed on 11/19/2015 • • City Council Meeting Minutes April 14, 2015 Attachments: Attachment 1 - Notice to Residents -March 2015.doc Attachment 2 - Radius Map Strand Traffic Delineators - March 2015.pdf Attachment 3 - Location of Bollards Along The Strand.pdf Attachment 4 - Do Not enter Sign.doc Attachment 5- Colors of Reflective Bands .pdf Attachment 6 - Correspondence from Sandy Saemann.pdf SUPPLEMENTAL Information from Public Works Director Andrew Brozvna (added 4-14-15 at 2pm).pdf This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. This item was subsequently continued, but public comment was taken this evening. Coming forward to address the Council on this item was: Sandy Saemann Action: To continue the following items: 2(j), 9(a), 9(b) and 9c . Motion Tucker, second Fangary. The motion carried by a unanimous vote. Additional Action: To continue item 2(m). Motion Petty, second Tucker. The motion carried by a unanimous vote. REPORT APPROVAL OF A RESOLUTION ORDERING THE PREPARATION OF A 15-0306 REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 2015-2016 (Associate Engineer Homayoun Behboodi) Attachments: prepare emir report 4 landscape & St light dist 2015-16.4-14-15 Action: To adopt Resolution No. 15-6971, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCEt 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, 2015 AND ENDING JUNE 30, 2016." Hermosa Beach Page 8 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 I) REPORT 15-0297 RECOMMENDATION TO APPROVE FIRST AMENDMENT TO INCREASE THE VALUE OF THE PROFESSIONAL SERVICES AGREEMENT WITH STANLEY CONVERGENT SECURITY SOLUTIONS, INC, FOR EQUIPMENT INSTALLATION, MONITORING SERVICES, AND MAINTENANCE SERVICES FOR A DURESS ALARM SYSTEM AT VARIOUS LOCATIONS (Police Captain Milton McKinnon) Attachments: Amendment to Stanley Security Agreement 4-2-15 Panic -Duress Alarm Installation Monitoring Proposal Attach 2 4-14-15 Action: To approve the staff recommendation to: 1) Approve First Amendment to the Contract Agreement with Stanley Convergent Security Solutions, Inc. (Stanley Security) to increase the value of the Contract Agreement to include equipment installation, monitoring services, and maintenance services of a duress alarm system at various locations; 2) Authorize the Mayor to execute and the City Clerk to attest the attached First Amendment subject to approval by the City Attorney; and 3) Authorize the Director of Public Works to make changes to the agreement within the project budget. m) REPORT AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH 15-0317 BRENDLE GROUP BY ADDING $13,120 TO DEVELOP A TOOL FOR MUNICIPAL CARBON NEUTRALITY PLANNING AND TRACKING (Continued from Meeting of April 14, 2015) (Environmental Analyst Kristy Morris) Attachments: Hermosa Beach Phase 2 Proposal - 041415docx.pdf Brendle-Amendment.pdf This item was removed from the consent calendar by Councilmember Petty for separate discussion later in the meeting, but was subsequently continued. n) REPORT APPROVAL OF LEASE EXTENSION FOR PROPERTY LOCATED AT 552 15-0327 11TH PLACE (HERMOSA SELF STORAGE) (Finance Director Viki Copeland) Attachments: Thielscher Email dated 3-11-15 5th Self Storage Lease Amendment Action: To approve the lease extension, as recommended by staff. Hermosa Beach Page 9 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c) and (f) were heard at this time; items 20) and (m) were subsequently continued; all are shown in order for clarity. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT 15-0322 CONSIDERATION OF RESOLUTION AMENDING THE OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA (INCLUDING LORETO PLAZA) PER MUNICIPAL CODE CHAPTER 12.16 (ENCROACHMENTS) AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Attachments: CC - Proposed Resolution Outdoor Dining on Pier Plaza PC Resolution 15-6 (3-17-2015) Outdoor Dining Design and Operational Standards 2005 Amended 2012 SUPPLEMENTAL Exhibit Showing Proposed Location of Queuing Area and Pier Plaza Maps (added 4-13-15 at 7pm).pdf Community Development Director Robertson presented the staff report and responded to Council questions. Police Chief Papa and Fire Chief Lantzer responded to Council questions. The public hearing opened at 9:03 p.m. Coming forward to address the Council on this item were: David Lowe Sandy Saemann The public hearing closed at 9:11 p.m. Ron Newman was invited forward to address the Council and respond to questions. Action: To adopt Resolution No. 15-6955, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, AMENDING CITY COUNCIL RESOLUTION 05-6417, "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA", OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA, AS AMENDED BY RESOLUTION 12-6802 AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT Hermosa Beach Page 10 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 FROM THE ENVIRONMENTAL QUALITY ACT," with the following revisions: 1) Remove the requirement for barriers for non -alcohol establishments; 2) Forbid queueing before 10 p.m. unless authorized by the Police Department (due to demand or special events), limiting the line space to 15 feet past the five-foot encroachment area; and 3) Require removal of the heaters and podiums from the five-foot encroachment area. Motion Fangary, second Petty. The motion carried 3-2, noting the dissenting votes of Barragan and Tucker. At 9:57 p.m. the meeting recessed. At 10:14 p.m. the meeting reconvened. It was Council consensus to move the order of the agenda to item 7(c) at this time. 6. MUNICIPAL MATTERS a) REPORT 15-0305 b) REPORT 15-0319 Attachments: OIL FINANCING UPDATE (City Manager Tom Bakaly) City Manager Bakaly presented the update and responded to Council questions. Finance Director Copeland and Public Works Director Brozyna also responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the update. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. SEWER FEE ANALYSIS (Public Works Director Andrew Brozyna) Sewer Study Presentation 4-14-15 Public Works Director Brozyna presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. No one came forward to address the Council on this item. Hermosa Beach Page 11 Printed on 11/19/2015 s • City Council Meeting Minutes April 14, 2015 c) REPORT 15-0321 Jeff Cooper, PENCO Engineering Vice President, gave a PowerPoint presentation and responded to Council questions. Proposed Action: To approve option 3 in the presentation, with changes/direction made at tonight's meeting. Motion Petty, second Fangary. The motion was subsequently withdrawn. Action: To approve option 1 in the presentation, with changes/direction made at tonight's meeting. Motion Petty, second Barragan. The motion carried 4-1, noting the dissenting vote of Fangary. STRAND AND PIER HOTEL PROJECT UPDATE (Continued from meeting of April 14, 2015) (Community Development Director Ken Robertson) Attachments: SUPPLEMENTAL Letter from Bolour Associates dated April 13th (added 4-13-15 at 7pm).pdf This item was continued at the request of the developer. d) REPORT PACIFIC COAST HIGHWAY/AVIATION MOBILITY IMPROVEMENT 15-0323 PROJECT FUNDING FOR PROJECT ASSESSMENT/ENVIRONMENTAL DOCUMENT (PA/ED) (Public Works Director Andrew Brozyna) Attachments: Bacharach-SBCOG-PAED 040715 Request Steve Lantz 040715 City Manager Bakaly presented an update but asked that the item be continued. Coming forward to address the Council on this item was: Julian Katz Action: To continue the item, returning at a later date with more detail including a statement of work and milestones met. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. . MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER REPORT 15-0292 HOMELESS UPDATE (Economic Development Officer Shelli Margolin -Mayer and Captain Milton McKinnon) Hermosa Beach Page 12 Printed on 11/19/2015 • City Council Meeting Minutes April 14, 2015 Attachments: Parking Metering SBCCOG Proposal (Ver 1 2).pdf b) REPORT 15-0316 Attachments: c) REPORT 15-0329 Action: To continue tonight's meeting past 10:30 p.m. tows late as 12:30 a.m. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. City Manager Bakaly presented the update and responded to Council questions. Action: To receive and file the update. Motion Barragan, second Tucker. The motion carried by a unanimous vote. UPDATE ON BICYCLE PARKING (Environmental Analyst Kristy Morris) Bike Rack Styles for Mini-Corrals.docx Cost Estimate for Bike Racks.docx City Manager Bakaly presented the update and responded to Council questions. Coming forward to address the Council on this item was: Julian Katz Action: To receive and file the update. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. HERMOSA CENTENNIAL HANDPRINT WALL REQUEST TO APPROVE REVITALIZATION AND SECOND "MOBILE" HANDPRINT WALL TO SERVE AS FUNDRAISER FOR SPECIAL OLYMPICS HOST TOWN ACTIVITIES (Project Manager Mondher Saied) City Manager Bakaly presented the staff report and responded to Council questions. Public Works Director Brozyna also responded to Council questions. As this item should have been listed under Municipal Matters (per City Manager Bakaly) the public was invited to comment. Coming forward to address the Council on this item were: Hermosa Beach Page 13 Printed on 11/19/2015 a • • • City Council Meeting Minutes April 14, 2015 Maureen Ferguson Lewis Anna Taylor Action: To approve the staff recommendation. Motion Barragan, second Fangary. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL a) REPORT 15-0308 b) REPORT 15-0325 c) REPORT 15-0326 REQUEST FROM MAYOR TUCKER TO ASK STAFF TO COME BACK WITH A REPORT ON HOW TO PROCEED WITH UPDATING THE CITY STREET SIGNS AS PRESENTED BY GRAPHIC SOLUTIONS TO GIVE HERMOSA BEACH A NEW UPDATED LOOK. (Continued from Meeting of April 14, 2015) This item was continued. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND UPDATE AS NEEDED THE CITY'S MASTER FEE RESOLUTION TO ENSURE APPROPRIATE FEES ARE DESIGNATED FOR SPECIFIC CITY SERVICES. THE CITY CURRENTLY HAS RESOLUTIONS THAT PROVIDE FOR PAYMENT OF PROCESSING FEES AS SET FORTH IN THE CITY'S MASTER FEE RESOLUTION, BUT NO SUCH PROCESSING FEES ARE PROVIDED. (Continued from Meeting of April 14, 2015) This item was continued. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND PROVIDE DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED. EVALUATION AND DIRECTION SHOULD BE PROVIDED REGARDING THE MANNER OF PROVIDING NECESSARY NOTICES, AND PAYMENT RESPONSIBILITY FOR SUCH NOTICES. (Continued from Meeting ofApril 14, 2015) Hermosa Beach Page 14 Printed on 11/19/2015 • • • City Council Meeting Minutes April 14, 2015 This item was continued. ADJOURNMENT Action: To adjourn the Regular meeting of the City Council of the City of Hermosa Beach, California at 12:50 a.m., Wednesday, April 15, 2015 to the Adjourned Regular meeting (a joint City Council -Hermosa Beach City School District meeting) of Monday, April 27, 2015 at 6 p.m. Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote. City Clerk Deputy City Clerk Hermosa Beach Page 15 Printed on 11/19/2015 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Monday, April 27, 2015 6:00 PM Adjourned Regular Meeting (Joint Meeting with Hermosa Beach City School District) Council Chambers MAYOR Peter Tucker MAYOR PRO TEM Nanette Barragan COUNCIL MEMBERS Carolyn Petty Hany Fangary Michael DiVirgilio CITY CLERK Elaine Doerfling CITY TREASURER Karen Nowicki CITY MANAGER Tom Bakaly CITY ATTORNEY Mike Jenkins • • City Council and Hermosa Beach City School District Meeting Minutes April 27, 2015 CALL TO ORDER 6:11 p.m. PLEDGE OF ALLEGIANCE Dency Nelson ROLL CALL Hermosa Beach City Council: Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio (arrived at 6:14 p.m.) Hermosa Beach School District Board of Trustees: Present: Beste, Bove-Lamonica, Campbell, Claypoole, President Ackerman Absent: None Also present were City Manager Tom Bakaly, Assistant to the City Manager Diane Strickfaden, and School District Superintendent Patricia Escalante. ANNOUNCEMENTS Councilmember Fangary said area homelessness issues are to be discussed tonight at the main Redondo Beach Library, in an event sponsored by the League of Women Voters. 1. PUBLIC PARTICIPATION: Coming forward to address the Council at this time were: Dency Nelson Archie Davenport, California Consulting LLC James Scott Monique Ehsan Carl Ingle Amy Freeburg Jessa Santangelo, U -Code Wayne Mogilefsky Rachelle AIIy Hermosa Beach Page 1 Printed on 11/4/2015 • • City Council and Hermosa Beach City School District Meeting Minutes April 27, 2015 2. REPORTS: a) REPORT 15-0343 b) REPORT 15-0344 2015-2016 JOINT PROGRAMMING OPPORTUNITIES: CITY OF HERMOSA BEACH AND THE HERMOSA BEACH • CITY SCHOOL DISTRICT (City Manager Tom Bakaly and Hermosa Beach City School District Superintendent Pat Escalante) City Manager Bakaly presented an overview of the proposal for a Youth Enrichment Program to address the need for before- and after-school programs for Hermosa Beach students, with a City/School District cooperative agreement for shared resources. Superintendent Escalante provided additional information on the proposal. Comments/suggestions from members of the City Council, School Board and staff included: o Although it costs more, as much of an enrichment component to the program as feasible is desired. o The program will be successful only if spread out over both mornings and afternoons. o Outreach to parents is necessary, as demand is unknown at this time. o Parents should be provided with a menu so they can choose programs for kindergarteners. o Safety precautions are needed for children playing on the lawn at the Community Center. o Utilization of Prop A funds for shuttles should be considered. o Many available grants would not apply to Hermosa because it is an affluent city. o The extraordinary cooperation between the City and School District to make this program a reality was acknowledged. Action: To approve in concept the Hermosa Beach Youth Enrichment Project (HBYEP) and direct the preparation of a cooperative agreement, as recommended by staff. Motion Barragan, second Tucker. The motion carried by a unanimous vote. CITY OF HERMOSA BEACH PROPOSED TRAFFIC STUDY (City Manager Tom Bakaly and Hermosa Beach City School District Superintendent Pat Escalante) City Manager Bakaly introduced the item and provided a brief overview. Hermosa Baar_h Pam) 2 Printed on 11/4/2015 • • City Council and Hermosa Beach City School District Meeting Minutes April 27, 2015 Comments/suggestions from the City Council, School Board and staff included: o Using existing recent studies, plus tailoring additional more specific studies to school site areas, would be the best approach. o Determination of how the City and the School District would share costs of the studies is required. o Traffic studies might assist in the passage of a School District bond measure, as it could eliminate voter concerns. o Creative solutions for traffic issues should be sought. o A traffic officer at both school sites during certain times of the school day should be considered. Action: To consolidate existing City-wide traffic information with additional studies as needed around the three school sites. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. ADJOURNMENT Action: To adjourn the Adjourned Regular meeting of the City Council (conducted jointly with Hermosa's School Board) of the City of Hermosa Beach, California, on Monday, April 27, 2015, at 8:53 p.m., to the Regular meeting of Tuesday, April 28, 2015, to begin with a Closed Session at 6 p.m., followed by the Regular meeting at 7 p.m. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. City Clerkl J i ( Deputy Clerk / Hermosa Beach Page 3 Printed on 11/4/2015 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, April 28, 2015 6:00 PM Closed Session - 6pm, Regular City Council Meeting - 7pm Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • • City Council Meeting Minutes April 28, 2015 6:00 P.M. - CLOSED SESSION (LOCATION: Meeting convenes in the Council Chambers and, after Public Comment, moves to the Second Floor Conference Room for the Closed Session) CALL TO ORDER IN COUNCIL CHAMBERS — 6:05 p.m. ROLL CALL Present: DiVirgilio, Fangary, Petty, Mayor Tucker Absent: Barragan PUBLIC COMMENT - None RECESS TO CLOSED SESSION - SECOND FLOOR CONFERENCE ROOM — 6:06 p.m. 1. REPORT MINUTES: Approval of minutes of Closed Session held on April 14, 2015. 15-0355 2. REPORT CONFERENCE WITH LEGAL COUNSEL 15-0324 The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. 3. REPORT 15-0314 Initiation of Litigation - Government Code Section 54956.9(d)(4) Number of Potential Cases: 1 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b) Name of Case: Green v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC571125 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e) Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 f) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 Hermosa Beach Page 1 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 ADJOURNMENT OF CLOSED SESSION — 7:05 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:16 p.m. PLEDGE OF ALLEGIANCE — Peter Hoffman ROLL CALL Present: DiVirgilio, Fangary, Petty, Mayor Tucker Absent: Barragan (arrived at 8:32 p.m.) CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received before recessing to Closed Session, nothing was added to the agenda and no reportable action was taken. ANNOUNCEMENTS Councilmember Fangary (1) noted his recent visit to Lancaster, along with City Manager Bakaly and Environmental Analyst Morris, to meet with that City's staff about Lancaster's carbon neutrality goals; (2) said he attended a Special Olympics fundraiser at the Comedy and Magic Club, sponsored by Hermosa's Kiwanis Club; and encouraged residents to visit the Manhattan Beach Museum. Mayor Tucker spoke of last night's joint meeting with the Hermosa Beach City School Board of Trustees; and encouraged participation in this year's Wyland Mayors' Challenge for Water Conservation, with more information at www.mvwaterpledoe.com. Action: To continue item 5(a) to the meeting of May 26, 2015. Motion Mayor Tucker, second DiVirgilio. The motion carried 4-0, noting the absence of Barragan. • PROCLAMATIONS / PRESENTATIONS Hermosa Beach Page 2 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 a) REPORT 15-0348 INVESTMENT PLAN PRESENTED BY CITY TREASURER KAREN NOWICKI Attachments: Investment Plan.pdf b) REPORT 15-0173 City Treasurer Nowicki presented the Investment Plan and responded to Council questions. LEADERSHIP HERMOSA BEACH 2015 CLASS PROJECT Attachments: SUPPLEMENTAL FitFest Flyer (added 4-29-15 at 4pm).pdf Jeff Raedy and Adam Wald, co -directors of the 2015 Class Project, thanked the Council for its steadfast support and Community Resources staff for assisting with their 2015 project, a Fitness Festival taking place Saturday, May 30, beginning at 11 a.m., adding that more information could be found at www.fitfesthb.com. c) REPORT OUTSTANDING CITY AWARD TO HERMOSA BEACH FROM 15-0349 THE UNITED STATES MEXICO SISTER CITIES ASSOCIATION Attachments: SUPPLEMENTAL Cinco de Mayo 2015 Flyer (added 4-29-15 at 4pm).pdf SUPPLEMENTAL History of Sister Cities (added 4-29-15 at 4pm).pdf SUPPLEMENTAL Student Exchange Video Link (added 4-29-15 at 4pm).pdf George Barks presented the award to Mayor Tucker; spoke of the long-standing sister city relationship between Hermosa and Loreto; and showed a short video of still images from a previous student visit. Planning Commissioner Peter Hoffman, an advocate of the Hermosa/ Loreto student exchange, called the program extraordinary. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Bill Brand, Redondo Beach Councilmember Adam Wald Dency Nelson Ryan Nowicki Craig Cadwallader, Surfrider Foundation South Bay Chapter Jose Bacallao Sheryl Main Katrina Bacallao Hermosa Beach Page 3 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 Mariano Alvarez Barbara Ellman Allan Mason Betsy Ryan Viet Ngo Mayor pro tem Barragan arrived at 8:32 p.m. a) REPORT LETTERS REGARDING HERMOSA BEACH POLICE DEPARTMENT 15-0351 COMPLAINT OF MARCH 3, 2015 Attachments: Letter from Katrina Bacallao.pdf Letter from Jose Bacallao.pdf Letter from Marie Rice.pdf Action: To receive and file the letters. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. b) REPORT MEMORANDUM FROM HERMOSA BEACH POLICE DEPARTMENT, 15-0353 PROSECUTOR'S OFFICE REGARDING CROSSFIT HORSEPOWER 725 CYPRESS AVE., HERMOSA BEACH Attachments: Crossfit Memo 4.22.15.pdf Request for Information.pdf SUPPLEMENTAL Letter 1 from Alicia Villarreal (added 4-28-15 at 5pm).pdf SUPPLEMENTAL Letter 2 from Alicia Villarreal (added 4-28-15 at 4pm).pdf Two supplemental letters from Alicia Villareal received March 28, 2015. Action: To receive and file the letters. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. Additional Action: To reopen Public Participation to allow additional comment from those who wrote letters regarding Crossfit Horsepower. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. Coming forward to address the Council on this item were: Phil Friedl Michael Binder Hermosa Beach Page 4 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 Larry Nakamura Jeff Duclos Robert Walsh Rebecca Nakamura Lauren Pizer Mains Mariano Alvarez Betsy Ryan Dan Wells 2. CONSENT CALENDAR: a) REPORT 15-0352 Attachments: b) REPORT 15-0337 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(a), (c) and (i), Fangary; 2(p), Barragan; and 2(1), Tucker. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. CITY COUNCIL MEETING MINUTES (Continued from meeting of April 28, 2015) (City Clerk Elaine Doerfling) 052814 minutes This item was removed from the consent calendar by Councilmember Fangary for discussion later in the meeting, but was subsequently continued to the meeting of May 11, 2015. CHECK REGISTERS (Finance Director Viki Copeland) Hermosa Beach Page 5 Printed on 11/11/2015 • • City Council Meeting Minutes April 28, 2015 Attachments: Check Register 4-9-2015 Check Register 4-9-2015 (2) Check Register 4-16-2015 REPORT 15-0347 Action: To ratify the check registers as presented. TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of April 28, 2015) Attachments: Tentative Future Agenda.doc This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting, but was subsequently continued to the meeting of May 11, 2015. d) REPORT REVENUE AND EXPENDITURE REPORTS FOR FEBRUARY 2015 15-0362 (Finance Director Viki Copeland) Attachments: February 2015 Revenue Status Report February 2015 Expenditure Status Report Action: To receive and file the February 2015 Financial Reports. REPORT REVENUE AND EXPENDITURE REPORTS FOR MARCH 2015 15-0360 (Finance Director Viki Copeland) Attachments: March 2015 revenue status report March 2015 expenditure status report Action: To receive and file the March 2015 Financial Reports. f) REPORT CITY TREASURER'S REPORT AND CASH BALANCE REPORT 15-0336 (City Treasurer Karen Nowicki) Attachments: March 2015 Treasurer Report.pdf March 2015 Cash Balances.pdf Action: To receive and file the Reports. g) REPORT CANCELLATION OF CERTAIN CHECKS 15-0335 (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks as recommended by the City Treasurer. h) REPORT ACTION SHEEET OF THE PLANNING COMMISSION MEETING OF 15-0369 APRIL 21, 2015 Hermosa Beach Page 6 Printed on 11/11/2015 • • City Council Meeting Minutes April 28, 2015 Attachments: PI. Comm. Action Sheet 4-21-15.doc i) REPORT 15-0341 Action: To approve the action sheet of the Planning Commission meeting of April 21, 2015. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 18, 2015. Attachments: action minutes 3-18-15 j) REPORT 15-0342 I) This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting, but was subsequently continued to the meeting of May 11, 2015. PROJECT STATUS REPORT AS OF MARCH 31, 2015 (Public Works Director Andrew Brozyna) Attachments: CIP Proiect Summary Mar 2015 Action: To receive and file the Project Status Report of March 31, 2015. REPORT PARKING STRUCTURE COUNTING SYSTEM 15-0332 AWARD CONSTRUCTION CONTRACT (Project Manager Mondher Saied and Economic Development Officer Shelli Margolin -Mayer) Attachments: Attachment 1 -Green Giant Construction Contract.pdf Attachments 2,3,4.pdf Action: To approve the staff recommendation to: 1) Award the Construction Contract to Green Giant Landscape Inc. to provide construction services for the Parking Structure Counting System in the amount of $58,000.00; 2) Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney (Attachment - 1); 3) Authorize an additional appropriation of $29,580 from the General Fund's fund balance; and 4. Authorize the Director of Public Works to make changes to the contract within the project budget. REPORT EXTEND CITY FEE WAIVERS, REDUCTIONS AND INCENTIVES FOR 15-0363 PHOTOVOLTAIC SOLAR PROJECTS, SMALL WIND ENERGY SYSTEMS, ENERGY UPGRADE CALIFORNIA AND HERO PROJECTS, AND OTHER INITIATIVES TO ADVANCE SUSTAINABILITY (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting, but was then continued to the meeting of May 11, 2015. Hermosa Beach Page 7 Printed on 11/11/2015 City Council Meeting Minutes April 28, 2015 • m) REPORT SUBJECT: FINAL MAP NO. 72187 (C.U.P. CON NO. 13-5, 15-0333 PDP NO. 13-6) LOCATION: 1515 HERMOSA AVENUE APPLICANT(S): 1515 HERMOSA AVENUE Ilc REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIALCONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1515 Hermosa Ave Resolution.docx n) REPORT 15-0350 Action: To adopt Resolution No. 15-6952, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72187, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1515 HERMOSA AVENUE IN THE CITY OF HERMOSA BEACH, CALIFORNIA." AMENDMENT NO. 7 TO AGREEMENT NO. 83-100 RELATING TO JOINT EXERCISE OF POWERS AGREEMENT APPROVING THE CONTINUED OPERATION OF THE WORKFORCE PROGRAMS UNDER THE NEW WORKFORCE INNOVATION AND OPPORTUNITY ACT (City Manager Tom Bakaly) Attachments: Amend7(WIOA1rev 2 031815.pdf Action: To approve the amendment, as recommended by staff. REPORT APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RAIMI + ASSOCIATES TO PROVIDE PROJECT MANAGEMENT SUPPORT FOR AN INTEGRATED GENERAL PLAN UPDATE AND COASTAL LAND USE PLAN AND ENVIRONMENTAL IMPACT REPORT BY AMENDING THE SCOPE OF WORK AND COST BY UP TO $68,600 (Community Development Director Ken Robertson) Attachments: Raimi PSA Amendment-4-28-2015.pdf Action: To approve the amendment, as recommended by staff. p) REPORT ADOPTION OF RESOLUTION AMENDING THE OUTDOOR DINING AND 15-0366 DESIGN STANDARDS FOR PIER PLAZA (INCLUDING LORETO PLAZA) Hermosa Beach Page 8 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 (Continued from meeting of April 28, 2015) (Community Development Director Ken Robertson) Attachments: Outdoor Dining Standards on Pier Plaza - Resolution.docx This item was removed from the consent calendar by Mayor pro tem Barragan for discussion later in the meeting, but was subsequently continued to the meeting of May 11, 2015. At 9:03 p.m., the order of the agenda moved to item 5(b). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (c), (i), (I) and (p) were removed from the consent calendar this evening for separate discussion, but were subsequently continued to the meeting of May 11, 2015, and will be under item 4 on that agenda. REPORT CIP 14-163 PROTECTIVE BOLLARDS ALONG THE STRAND 15-0340 APPROVE INSTALLATION (Continued from Meeting ofApril 14, 2015) (Project Manager Mondher Saied) Attachments: Notice to Residents -March 2015.doc Radius Map Strand Traffic Delineators - March 2015.pdf Location of Bollards.pdf Do Not enter Siqn.doc Colors of Reflective Bands .pdf Correspondence from Sandy Saemann.pdf SUPPLEMENTAL Letter from Sandy Saemann (added 4-28-15 at 2pm).pdf Councilmember DiVirgilio left the meeting at 11:16 p.m. Public Works Director Brozyna presented the staff report and responded to Council questions. City Manager Bakaly and Police Sargeant Robert Higgins also responded to Council questions. Coming forward to address the Council on this item was: Sandy Saemann Hermosa Beach Page 9 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 REPORT 15-0317 Action: To direct staff to research more effective and more aesthetically pleasing options, present those options to the Public Works Commission for review and recommendation, and return to Council for approval. Motion Tucker, second Barragan. The motion carried (DiVirgilio absent) Proposed Action: To continue on with the meeting until 12:30 a.m, and take up items 4(b) and 6(c). Motion Fangary, second Mayor Tucker. The motion failed, with Fangary casting the only affirmative vote. At this time, it was the consensus of the Council to continue the remaining agenda items to the meeting of May 11, 2015. AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH BRENDLE GROUP BY ADDING $13,120 TO DEVELOP A TOOL FOR MUNICIPAL CARBON NEUTRALITY PLANNING AND TRACKING (Continued from Meeting of April 14, 2015) (Environmental Analyst Kristy Morris) Attachments: Hermosa Beach Phase 2 Proposal - 041415docx.pdf Brendle -Amendment. pdf This item was continued. 5. PUBLIC HEARINGS REPORT 15-0364 REPORT 15-0365 AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 5.76 (CIGARETTE AND TOBACCO RETAILERS) REQUIRING LICENSURE OF CIGARETTE AND TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO MINORS, AMENDING CHAPTER 8.40 TO EXPAND THE DEFINITION OF SMOKING TO INCLUDE ELECTRONIC CIGARETTES, AND MAKING VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Community Development Director Ken Robertson) This item was continued earlier in this meeting to May 26, 2015, as recommended by a motion that carried 4-0. (Barragan absent) CONSIDERATION OF AN ORDINANCE AMENDING THE HERMOSA BEACH MUNICIPAL CODE CHAPTER 8.44 RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER MANAGEMENT AND POLLUTION CONTROL AND REPEALING CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN BUILDING STANDARDS IN CHAPTER 15.48. AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL Hermosa Beach Page 10 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 QUALITY ACT AND APPROVAL AND ADOPTION OF THE GREEN STREETS POLICY (Environmental Analyst Kristy Morris) Attachments: Hermosa Beach LID and Stormwater Ord Green Street Policy - Hermosa Beach Environmental Analyst Morris presented the staff report and responded to Council questions. Kathleen McGowan, Geosyntec P.E., responded to Council questions. The public hearing opened at 9:19 p.m. As no one came forward, the public hearing closed at 9:19 p.m. Action: To approve staff recommendation to: 1) Waive full reading and introduce Ordinance No. 15-1351, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIAt RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER MANAGEMENT AND POLUTION CONTROL AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND REPEALING CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN BUILDING STANDARDS"; and 2) Adopt Resolution No. 15-6953, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A GREEN STREET POLICY FOR STREET AND ROADWAY PROJECTS." Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a) REPORT CONSIDERATION OF PROPOSAL TO INCREASE TRANSIENT 15-0346 OCCUPANCY TAX (TOT) FROM 10% TO 12% (Finance Director Viki Copeland) Attachments: TOT Rate Update FINAL 4-7-15 SUPPLEMENTAL Letter from Betsy Ryan (added 4-28-15 at 2pm).pdf Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions. Hermosa Beach Page 11 Printed on 11/11/2015 • • City Council Meeting Minutes April 28, 2015 b) REPORT 15-0357 Coming forward to address the Council on this item were: Jeff Duclos Dency Nelson Lauren Pizer Mains Betsy Ryan Isabel Rodriguez Mariano Alvarez Action: To direct staff to prepare a measure for the November 3, 2015 election to allow voters to decide whether to increase the TOT from 10% to 12%; and to direct the City Attorney to investigate whether the TOT applies to vacation rentals. Motion Fangary, second Barragan. The motion, which required four affirmative votes to pass, failed due to the dissenting votes of DiVirgilio and Petty. APPROVAL OF A RESOLUTION APPROVING THE ENGINEER'S REPORT FOR SEWER SERVICES CHARGES AND SETTING A MAJORITY PROTEST HEARING FOR JUNE 23, 2015 (Public Works Director Andrew Brozyna) Attachments: Sewer Study Presentation draft 4-6-15 pq 5 Fee Options Atttchl Resolution approving sewer charge engineer's report Attch 2 Sewer Master Plan Update Attch 3 HB Sewer 218 Notice 2015 - DRAFT with logo City of Hermosa Beach Sewer Study Presentation 1 draft 4-20-15 Attch5 SUPPLEMENTAL Memorandum from Andrew Brozyna (added 4-27-15 at 7pm).pdf SUPPLEMENTAL Letter from Sam Perrotti (added 4-27-15 at 7pm).pdf At 10:06 p.m., the meeting recessed. At 10:17 p.m., the meeting reconvened. Action: To continue on with tonight's meeting until midnight. Motion Fangary, second Petty. The motion carried by a unanimous vote. Public Works Director Brozyna presented the staff report and responded to Council questions. City Manager Bakaly responded to Council questions. Jeff Cooper, PENCO Engineering Vice President, gave a PowerPoint presentation and responded to Council questions. Hermosa Beach Page 12 Printed on 11/11/2015 City Council Meeting Minutes April 28, 2015 • Coming forward to address the Council on this item was: c) REPORT 15-0356 d) George Barks Proposed Action: To adopt Resolution No. 15-6954, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND SCHEDULING A MAJORITY PROTEST HEARING FOR THE CITY OF HERMOSA BEACH PROPOSED SEWER SERVICE CHARGE"; to direct staff to proceed with securing a 15 year bond; to raise the annual operation and maintenance fee to $450,000; and to increase the annual tax for single family residences to $131. Motion Fangary, second DiVirgilio. The motion was replaced by the following substitute motion. Substitute Action: To adopt Resolution No. 15-6954, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND SCHEDULING A MAJORITY PROTEST HEARING FOR THE CITY OF HERMOSA BEACH PROPOSED SEWER SERVICE CHARGE"; to direct staff to proceed with securing a 15 year or 20 year bond; and to increase the annual tax for single family residences to $115. Motion Petty, second Barragan. The motion carried 4-1, noting the dissenting vote of Fangary. OIL FINANCING UPDATE (Continued from meeting of April 28, 2015) (City Manager Tom Bakaly) This item was continued to the meeting of May 11, 2015. REPORT OPTIONS FOR CONTINUED PARTICIPATION IN CALIFORNIA ENERGY 15-0345 COMMISSION CERTIFICATION OF AES REDONDO ENERGY PLANT (Continued from meeting of April 28, 2015) (Community Development Director Ken Robertson) Attachments: 07-22-14 AES Staff Report Memo from Ken Robertson.pdf CEC Committee Scheduling Order.pdf SUPPLEMENTAL CEC Revised Committee Scheduling Order (added 5-11-15 at 11am).pdf SUPPLEMENTAL CEC Staff record of conversation with RB (added 5-11-15 at 9am).pdf SUPPLEMENTAL Draft Resolution from RB Councilmember Brand (added 5-11-15 at 9am).pdf SUPPLEMENTAL Petition from Betsy Ryan (added 5-11-15 at 1pm).pdf This item was continued to the meeting of May 11, 2015. Hermosa Beach Page 13 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 e) REPORT WATER CONSERVATION UPDATE 15-0367 (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) Attachments: City of Hermosa Beach Water Conservation and Drought Management Plan.docx This item was continued to the meeting of May 11, 2015. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT 15-0368 PLASTIC BAG BAN UPDATE (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) This item was continued to the meeting of May 11, 2015. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY • COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL a) REPORT 15-0308 b) REPORT 15-0325 REQUEST FROM MAYOR TUCKER TO ASK STAFF TO COME BACK WITH A REPORT ON HOW TO PROCEED WITH UPDATING THE CITY STREET SIGNS AS PRESENTED BY GRAPHIC SOLUTIONS TO GIVE HERMOSA BEACH A NEW UPDATED LOOK. (Continued from Meeting of April 14, 2015) This item was continued to the meeting of May 11, 2015. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND UPDATE AS NEEDED THE CITY'S MASTER FEE RESOLUTION TO ENSURE APPROPRIATE FEES ARE DESIGNATED FOR SPECIFIC CITY SERVICES. THE CITY CURRENTLY HAS RESOLUTIONS THAT PROVIDE FOR PAYMENT OF PROCESSING FEES AS SET FORTH IN THE CITY'S MASTER FEE RESOLUTION, Hermosa Beach Page 14 Printed on 11/11/2015 • City Council Meeting Minutes April 28, 2015 c) REPORT 15-0326 BUT NO SUCH PROCESSING FEES ARE PROVIDED. (Continued from Meeting of April 14, 2015) This item was continued to the meeting of May 11, 2015. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND PROVIDE DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED. EVALUATION AND DIRECTION SHOULD BE PROVIDED REGARDING THE MANNER OF PROVIDING NECESSARY NOTICES, AND PAYMENT RESPONSIBILITY FOR SUCH NOTICES. (Continued from Meeting of April 14, 2015) This item was continued to the meeting of May 11, 2015. d) REPORT REQUEST FROM COUNCILMEMBER PETTY TO REVISIT OPERATION • 15-0354 CLEAN SWEEP, WHICH ELIMINATED SIGNAGE AND DISPLAYS ON PIER AVENUE. REQUEST THAT THE COUNCIL DISCUSS MODIFIED STANDARDS THAT PERMIT LIMITED SIGNAGE AND/OR APPROVED DISPLAYS THAT PROMOTE BUSINESSES YET DO NOT IMPEDE PEDESTRIAN TRAFFIC. (Continued from meeting of April 28, 2015) This item was continued to the meeting of May 11, 2015. ADJOURNMENT Action: To adjourn the meeting at 12:13 a.m., Wednesday, April 29, 2015, to an Adjourned Regular meeting (a joint Planning Commission/Council meeting) at 6 p.m., Monday, May 11, 2015 in Council Chambers, which will be immediately adjourn to an Adjourned Regular meeting to discuss the continued items from the April 28, 2015 Regular meeting, which will adjourn to a 6 p.m. Closed Session prior to the Regular meeting of Tuesday, May 12, 2015, in Council Chambers. Motion Barragan, second Petty. The motion carried 4-0 (DiVirgilio absent) • City CIerk I J Deputy City Clerk Hermosa Beach Page 16 Printed on 11/11/2015 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Monday, May 11, 2015 6:00 PM Joint City Council and Planning Commission Study Session - 6:00 P.M. Adjourned Regular City to follow Study Session Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council and Planning Commission Meeting Minutes May 11, 2015 JOINT CITY COUNCIL AND PLANNING COMMISSION AGENDA CALL TO ORDER 7:00 p.m. PLEDGE OF ALLEGIANCE George Schmeltzer ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None Also present were Planning Commissioners: Michael Flaherty, Sam Perrotti, Ron Pizer, Peter Hoffman, Kent Allen STUDY SESSION: GENERAL PLAN/COASTAL LAND USE PLAN UPDATE 1. OVERVIEW OF LAND USE AND TRANSPORTATION SCENARIOS (Raimi + Associates) Community Development Director Robertson gave the introduction and said the purpose of tonight's meeting is to receive input and policy direction. Matthew Burris, Raimi + Associates AICP, LEED-AP, and Leeanne Singleton, Raimi +Associates Senior Planner, AICP, LEED-AP, gave a PowerPoint presentation outlining land use and transportation scenarios, and responded to Council/Commission questions. 2. OVERVIEW OF CARBON PLANNING TOOL (Brendle Group) Judy Dorsey, Brendle Group President/P.E., and Shelby Sommer, Brendle Group Planner II, gave a PowerPoint Presentation on the Carbon Reduction Planning Tool, which was demonstrated in Excel, and responded to Council/ Commission questions. (Planning Commissioners Allen and Perrotti left the meeting at 7:41 p.m.) Hermosa Beach Page 1 Printed on 12/17/2015 • City Council and Planning Commission Meeting Minutes May 11, 2015 3. GENERAL PLAN/COASTAL LAND USE PLAN UPDATE: DISCUSSION AND DIRECTION ON LAND USE AND TRANSPORTATION SCENARIOS (Community Development Director Ken Robertson) Community Development Director Robertson presented the update and responded to Council questions. PUBLIC COMMENT; COMMISSION COMMENTS; COUNCIL DIRECTION Coming forward to address the Council at this time were: Dean Nota Betsy Ryan Andrea Giancoli Bob Jones Discussion among Councilmembers, Commissioners and consultants ensued. Council/Commission comments/suggestions included: • Rather than choosing just one scenario, components from each scenario should be considered. • Reclaimed water could be used downtown where feasible. • East/west bicycle routes are needed. • The General Plan will be years in the making. • Comments may be sent to generalplane,hermosabch.orq. ADJOURNMENT OF STUDY SESSION 8:31 p.m. ADJOURNED REGULAR CITY COUNCIL MEETING AGENDA CALL TO ORDER 8:52 p.m. PLEDGE OF ALLEGIANCE Ray Waters Hermosa Beach Page 2 Printed on 12/17/2015 • • City Council and Planning Commission Meeting Minutes May 11, 2015 ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS Councilmember Fangary said he attended a recent meeting of the Redondo Beach City Council regarding the AES Power Plant matter. Action: To end tonight's meeting at 10:30 p.m. Motion Petty, second DiVirgilio. The motion carried 4-1, noting the dissenting vote of Fangary. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time was: Craig Cadwallader, Surfrider Foundation South Bay Chapter 2. CONSENT CALENDAR — None 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION a) CITY COUNCIL MEETING MINUTES (Continued from meeting of April 28, 2015) (City Clerk Elaine Doerfling) Action: To approve the minutes of the Adjourned Regular meeting of April 28, 2015, with the heading amended to reflect that it was a joint meeting with the Hermosa Beach City School Board. Motion Fangary, second Tucker. The motion carried by a unanimous vote. Hermosa Beach Page 3 Printed on 12/17/2015 • City Council and Planning Commission Meeting Minutes May 11, 2015 b) TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of April 28, 2015) c) d) e) City Manager Bakaly and City Attorney Jenkins responded to Council questions. Action: To approve the Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 18, 2015. (Continued from April 28, 2015) City Manager Bakaly responded to Council questions. Action: To receive and file the action minutes of the Public Works Commission meeting of March 18, 2015. Motion Fangary, second Tucker. The motion carried by a unanimous vote. ADOPTION OF RESOLUTION AMENDING THE OUTDOOR DINING AND DESIGN STANDARDS FOR PIER PLAZA (INCLUDING LORETO PLAZA) (Continued from meeting of April 28, 2015) (Community Development Director Ken Robertson) Action: To adopt Resolution No. 15-6955, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIAt AMENDING CITY COUNCIL RESOLUTION 05-6417, "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA", OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA, AS AMENDED BY RESOLUTION 12-6802, AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE ENVIRONMENTAL QUALITY ACT." Motion Petty, second DiVirgilio. The motion carried 3-2, noting the dissenting votes of Barragan and Tucker. AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH BRENDLE GROUP BY ADDING $13,120 TO DEVELOP A TOOL FOR MUNICIPAL CARBON NEUTRALITY PLANNING AND TRACKING (Continued from Meeting ofApril 14, 2015) (Environmental Analyst Kristy Morris) 4110 City Manager Bakaly responded to Council questions. Hermosa Beach Page 4 Printed on 12/17/2015 • City Council and Planning Commission Meeting Minutes May 11, 2015 f) Action: To amend the Professional Services Agreement, as recommended by staff. Motion Fangary, second Barragan. The motion carried 4-1, noting the dissenting vote of Petty. EXTEND CITY FEE WAIVERS, REDUCTIONS AND INCENTIVES FOR PHOTOVOLTAIC SOLAR PROJECTS, SMALL WIND ENERGY SYSTEMS, ENERGY UPGRADE CALIFORNIA AND HERO PROJECTS, AND OTHER INITIATIVES TO ADVANCE SUSTAINABILITY (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) Coming forward to address Council on this item was: Dency Nelson Action: To approve the staff recommendation to extend the following incentives and report back to the Council in two years: 1) Waive preferential parking permit fees for 100% alternative fuel vehicles (100% electric, fuel cell, CNG vehicles, or other technologies not utilizing fossil fuels). 2) Rebate building permit fees for service upgrades for 100% alternative fuel vehicles (e.g., electric charging, CNG). 3) Rebate 50% of building permit plan check/inspection fees (charging only the outside plan check fees) for improvements that: (A) directly and substantially increasing energy efficiency (such as at least 15% above city codes) for buildings constructed earlier than 2000, (B) incentivize LEED or Build -It -Green Program certification (directly and substantially increase energy efficiency, water conservation and/or waste reduction), or (C) otherwise involve improvements that will make a significant contribution, exceed code requirements, or are early adoption -type behaviors. The Community Development Director shall make determinations. 4) Rebate 50% of building permit plan check/inspection fees for retrofit improvements that qualify for Energy Upgrade California or PACE programs funding, such as HERO, charging only the outside plan check fees if applicable. 5) Waive the Planning and Building permit fees associated with installation of photovoltaic systems, excluding building permit fees to upgrade the structure to accommodate the system. 6) Waive the Planning permit fees associated with installation of small wind energy systems, and rebate the Building permit fees (excluding building permit fees to upgrade the structure to accommodate the system), charging only the contract service, outside agency and outside service fees the City or applicant are required to pay; and 7) Provide priority permit processing for all of the above. Motion Tucker, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 5 Printed on 12/17/2015 City Council and Planning Commission Meeting Minutes May 11, 2015 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a) OIL FINANCING UPDATE (Continued from meeting of April 28, 2015) (City Manager Tom Bakaly) City Manager Bakaly presented the staff report and responded to Council questions. Action: To receive and file the update. Motion Petty, second Fangary. The motion carried by a unanimous vote. OPTIONS FOR CONTINUED PARTICIPATION IN CALIFORNIA ENERGY COMMISSION CERTIFICATION OF AES REDONDO ENERGY PLANT (Continued from meeting of April 28, 2015) (Community Development Director Ken Robertson) Community Development Robertson presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item was: Bill Brand, Redondo Beach City Councilmember Dency Nelson Betsy Ryan Action: To direct staff to continue with the City's intervener status regarding rebuilding the AES Power Plant; to engage with City of Redondo Beach staff in the process; to return to Council with a resolution opposing the rebuilding; and to communicate all related upcoming meetings and events to residents through newsletter e -blasts, etc. Motion Fangary, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 6 Printed on 12/17/2015 • • City Council and Planning Commission Meeting Minutes May 11, 2015 c) WATER CONSERVATION UPDATE (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) Environmental Analyst Kristy Morris gave a PowerPoint presentation and responded to Council questions. Coming forward to address the Council on this item were: Bill Brand, Redondo Beach Councilmember Craig Cadwallader, Surfrider Foundation South Bay Chapter Action: To receive and file the update. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) PLASTIC BAG BAN UPDATE (Continued from meeting of April 28, 2015) (Environmental Analyst Kristy Morris) Environmental Analyst Morris presented the update and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Craig Cadwallader, Surfrider Foundation South Bay Chapter Ray Waters Dency Nelson Action: To direct staff to return at the May 26, 2015 Council meeting with a more comprehensive study of the ban, including feedback from the City of Manhattan Beach. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS — CITY COUNCIL NONE Hermosa Beach Page 7 Printed on 12/17/2015 i • City Council and Planning Commission Meeting Minutes May 11, 2015 9. OTHER MATTERS - CITY COUNCIL a) b) Action: To continue items 9a, b, c and d to the May 12, 2015 Council meeting. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. REQUEST FROM MAYOR TUCKER TO ASK STAFF TO COME BACK WITH A REPORT ON HOW TO PROCEED WITH UPDATING THE CITY STREET SIGNS AS PRESENTED BY GRAPHIC SOLUTIONS TO GIVE HERMOSA BEACH A NEW UPDATED LOOK. (Continued from Meeting of April 14, 2015) This item was continued. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND UPDATE AS NEEDED THE CITY'S MASTER FEE RESOLUTION TO ENSURE APPROPRIATE FEES ARE DESIGNATED FOR SPECIFIC CITY SERVICES. THE CITY CURRENTLY HAS RESOLUTIONS THAT PROVIDE FOR PAYMENT OF PROCESSING FEES AS SET FORTH IN THE CITY'S MASTER FEE RESOLUTION, BUT NO SUCH PROCESSING FEES ARE PROVIDED. (Continued from Meeting of April 14, 2015) This item was continued. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND PROVIDE DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED. EVALUATION AND DIRECTION SHOULD BE PROVIDED REGARDING THE MANNER OF PROVIDING NECESSARY NOTICES, AND PAYMENT RESPONSIBILITY FOR SUCH NOTICES. (Continued from Meeting of April 14, 2015) This item was continued. d) REQUEST FROM COUNCILMEMBER PETTY TO REVISIT OPERATION CLEAN SWEEP, WHICH ELIMINATED SIGNAGE AND DISPLAYS ON Hermosa Beach Page 8 Printed on 12/17/2015 • • City Council and Planning Commission Meeting Minutes May 11, 2015 PIER AVENUE. REQUEST THAT THE COUNCIL DISCUSS MODIFIED STANDARDS THAT PERMIT LIMITED SIGNAGE AND/OR APPROVED DISPLAYS THAT PROMOTE BUSINESSES YET DO NOT IMPEDE PEDESTRIAN TRAFFIC. (Continued from meeting of April 28, 2015) This item was continued. ADJOURNMENT The meeting adjourned at 10:47 p.m., Monday, May 11, 2015, to the Regular meeting of Tuesday, May 12, 2015, which begins with a 6 p.m. Closed Session. Deputy City Clerk Hermosa Beach Page 9 Printed on 12/17/2015 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, May 12, 2015 6:00 PM City Council Closed Session - 6pm Regular City Council Meeting - 7pm Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • • City Council Meeting Minutes May 12, 2015 6:00 P.M. - CLOSED SESSION (LOCATION: Closed Session meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL 6:00 p.m. Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT No one came forward to address the Council at this time. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1. MINUTES: Approval of minutes of Closed Session held on April 28, 2015. 2. CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b) Name of Case: Green v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC571125 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e) Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 f) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 ADJOURNMENT OF CLOSED SESSION 7:04 p.m. Hermosa Beach Page 1 Printed on 12117/2015 • • • City Council Meeting Minutes May 12, 2015 CALL TO ORDER 7:00 P.M. - REGULAR AGENDA 7:10 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Rick Learned Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received before the Council recessed to Closed Session, and no reportable actions were taken on the items of litigation. ANNOUNCEMENTS Councilmember Fangary spoke of attending the Redondo Beach City Council meeting last week regarding the AES Power Plant. He said this evening the Council will discuss whether or not to take over the investigation of the events at the Standing Room on the evening of March 3, which he fully supports. Mayor pro tem Barragan said she attended a South Bay Cities Council of Governments meeting last week which addressed transportation issues. Mayor Tucker noted a Resolution adopted a couple of years ago to end Council meetings at 10:30 p.m. unless there is a vote to proceed past that time. He then asked that tonight's meeting be adjourned in memory of Lois Stirrat. PROCLAMATIONS / PRESENTATIONS a) SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY PRESENTED BY CHRIS CAGLE Chris Cagle, South Bay Workforce Investment Board Business Consultant, presented the quarterly summary, highlighting recent accomplishments and noting that more information could be found at www.southbay1stop.org and www.sbwib.orci. Hermosa Beach Page 2 Printed on 12/17/2015 • City Council Meeting Minutes May 12, 2015 b) RECOalZIING SPYDER SURFBOARDS FOR THE DONATION OF ..$.4,5Q0 TO THE SURFER'S WALK OF FAME Mayor Tucker presented a Certificate of Recognition to Dennis Jarvis of Spyder Surfboards for its donation. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Gila Katz Rick Learned Sheryl Main Barbara Ellman — submitted information Marie Rice Allan Mason Betsy Ryan — submitted information Jim Lissner Mike Judd and Ryan Bozsan, Leadership Hermosa — submitted information Sal Longo Phil Friedl Larry Nakamura Robert Walsh LETTERS REGARDING HERMOSA BEACH POLICE DEPARTMENT COMPLAINT OF MARCH 3, 2015 City Manager Bakaly provided an update on the issue and responded to Council questions. City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the letters and the City Manager's update. Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. 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(a) Barragan; 2(d) Fangary. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. (At 8:25 p.m., the order of the agenda moved to Municipal Matters.) Hermosa Beach Page 3 Printed on 12/17/2015 • City Council Meeting Minutes May 12, 2015 a) b) • d) • f) MEMORANDUM REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) (Supplemental letter from Howard Longacre dated May 12, 2015) This item was pulled by Mayor pro tem Barragan for separate discussion later in the meeting. Action: To receive and file. Motion Barragan, second Tucker. The motion carried by a unanimous vote. CHECK REGISTERS (Finance Director Viki Copeland) Action: To ratify as presented the check registers dated April 23, April 29 and April 30, 2015. TENTATIVE FUTURE AGENDA ITEMS Action: To receive and file the Tentative Future Agenda Items. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 7, 2015 This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 7, 2015. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. ACCEPTANCE OF DONATION (Finance Director Viki Copeland) Action: To accept the donation of $4,500 from Spyder Surfboards to be used for the Surfer's Walk of Fame (proceeds from "Point Break Live" sales at the Hermosa Beach Community Center). APPROVE AGREEMENT W2546 BETWEEN THE CITY OF HERMOSA BEACH AND THE WEST BASIN MUNICIPAL WATER DISTRICT AND AWARD CIP 10-661 SURF LEGENDS MEMORIAL PROJECT CONSTRUCTION CONTRACT TO CONCEPT CONSULTANT, INC. (Public Works Director Andrew Brozyna) Hermosa Beach Page 4 Printed on 12/17/2015 • • • City Council Meeting Minutes May 12, 2015 Action: To approve the staff recommendation to: 1) Approve Agreement W2546 between the City of Hermosa Beach and the West Basin Water District Regarding the Ocean Friendly Garden Demonstration Project; 2) Approve an appropriation and estimated revenue of $40,000 to the Grant Fund from the West Basin Water District Ocean -Friendly Garden Demonstration Project funds for the Surf Legend Memorial project account; 3) Award the Construction Contract to Concept Consultant Inc., to provide construction services for CIP 10-661 Surf legends Memorial Project; in the amount of $304,576.55; 4) Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney; 5) Adopt Resolution No. 15-6956, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE SPECIFICATIONS FOR THE CONSTRUCTION OF CIP 10-661 SURF LEGENDS MEMORIAL PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 6) Approve an appropriation and estimated revenue of $6,000 to the Grant Fund from the SoCal Water$mart Turf Removal Program funds for the Surf Legend Memorial project account; 7) Authorize the transfer of $82,279 from the Prospective Expenditure (001-1214-4322) to the Surf Legend Memorial project account (150-8661-4201); and 8) Authorize the Director of Public Works to make changes to the contract within the project budget. RECOMMENDATION TO REJECT CLAIM (Assistant to the City Manager Diane Strickfaden) Action: To reject the following claim and refer it to the City's Liability Claims Administrator, as recommended by staff: Claimant: Clair, Ted Date of Loss: November, 13, 2014 Date Filed: April 27, 2015 Allegation: Personal Injury h) ADDITIONAL POLL -WORKER PAY FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 3, 2015 (City Clerk Elaine Doerfling) Action: To approve, as recommended by the City Clerk, additional poll -worker pay totaling $2,020 ($100 for each of five inspectors and $80 for each of 19 clerks) in recognition of extraordinary service for the City's March 3, 2015 Special Municipal Election. Hermosa Beach Page 5 Printed on 12/17/2015 • City Council Meeting Minutes May 12, 2015 i) PREPARATION OF ORDINANCE SUMMARY FOR NEWSPAPER PUBLICATION (City Clerk Elaine Doerfling) Action: To approve the recommendation of the City Clerk to direct the City Attorney to prepare a summary of Ordinance No. 15-1351, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER MANAGEMENT AND POLLUTION CONTROL AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND REPEALING CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN BUILDING STANDARDS." 3. CONSENT ORDINANCES — NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a) and (d) 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) RECOMMENDATION FOR BOND COUNSEL AND FINANCIAL ADVISOR TO ASSIST WITH OIL SETTLEMENT AND SEWER UPGRADE FINANCINGS (Finance Director Viki Copeland) (Supplemental letter from Larry Kosmont dated May 11, 2015) Finance Director Copeland 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: Jim Lissner Alicia Villareal Action: To approve staff recommendation to: 1) Approve the selection of Jones Hall as Bond Counsel for the Oil Settlement financing, Stradling Yocca Carlson & Rauth as Bond Counsel for the Sewer Upgrade financing and NHA Advisors as Financial Advisor for financings related to the Oil Settlement and Sewer Upgrade; and 2) Authorize the City Manager to sign agreements with all firms, consistent with the attached fee schedule. Motion Petty, second Fangary. The motion carried 4-1, noting the dissenting vote of Barragan. Hermosa Beach Page 6 Printed on 12/17/2015 City Council Meeting Minutes May 12, 2015 •b) c) INITIAL REPORT REGARDING CITY COUNCIL PROTOCOLS AND PROCEDURES REGARDING AGENDA DESCRIPTIONS AND LOCATION OF COUNCIL MEETINGS (City Attorney Mike Jenkins) City Attorney Jenkins presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Alice Villareal Action: To receive and file the initial report and direct changes for Council consideration at a future meeting. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. CITY MANAGER SALARY (Finance Director Viki Copeland) (Supplemental memorandum from Councilmember Fangary) Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 15-6957, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RATIFYING THE INCREASE IN THE CITY MANAGER'S SALARY TO OFF -SET CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM ON THE SAME BASIS AS OTHER EMPLOYEES." Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — NONE (At 9:45 p.m., the order of the agenda moved to item 4, items removed from the consent calendar.) 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS — CITY COUNCIL a) VACANCIES - BOARDS AND COMMISSIONS EMERGENCY PREPAREDNESS ADVISORY COMMISSION THREE TERM EXPIRATIONS ON MAY 31, 2015 UNEXPIRED TERM ENDING MAY 31, 2017 (City Clerk Elaine Doerfling) (Supplemental memorandum from City Clerk Doerfling dated May 12, 2015) Hermosa Beach Page 7 Printed on 12/17/2015 • • City Council Meeting Minutes May 12, 2015 City Clerk Doerfling presented the reports and responded to Council questions, noting there were only two applicants at this time. Proposed Action: To direct the City Clerk to readvertise for additional Emergency Preparedness Advisory Commission (EPAC) applicants. Motion Tucker, second DiVirgilio. The motion was subsequently replaced by the substitute motion below. Substitute Action: To schedule interviews of the two EPAC applicants at 5:30 p.m. on May 26, with possible appointment(s) to follow at the regular meeting; and direct the City Clerk to readvertise for additional applicants to fill the remaining seats. Motion Petty, second Barragan. The motion carried 3-2, noting the dissenting votes of DiVirgilio and Tucker. VACANCIES - BOARDS AND COMMISSIONS PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION TWO TERM EXPIRATIONS ON JUNE 30, 2015 UNEXPIRED TERM ENDING JUNE 20, 2017 (City Clerk Elaine Doerfling) (Supplemental memorandum from City Clerk Doerfling dated May 12, 2015) City Clerk Doerfling presented the reports and responded to Council questions, noting there were seven applicants for three seats. Action: It was the consensus of the Council to schedule interviews for the seven Parks, Recreation & Community Resources Advisory Commission applicants at 5 p.m., June 9, 2015, with appointments to follow at the regular meeting. 9. OTHER MATTERS - CITY COUNCIL a) REQUEST FROM COUNCILMEMBER FANGARY TO PLACE AN AGENDA ITEM ON THE NEXT CITY COUNCIL MEETING, OR TO SCHEDULE A SPECIAL CITY COUNCIL MEETING, TO EVALUATE AND PROVIDE DIRECTION REGARDING: 1) THE CITY'S RESPONSE AND HANDLING OF THE NUMEROUS PUBLIC RECORDS ACTS REQUESTS RELATING TO THE MARCH 3, 2015 INCIDENT; 2) THE INVESTIGATION COMMENCED BY THE CITY MANAGER REGARDING THE MARCH 3, 2015 INCIDENT; AND 3) PERSONNEL COMPLAINT FILED AGAINST THE CITY MANAGER. Councilmember Fangary spoke to his request, garnering support from Mayor pro tem Barragan. Hermosa Beach Page 8 Printed on 12117/2015 City Council Meeting Minutes May 12, 2015 b) REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AMENDING THE CITY'S MUNICIPAL CODE TO PROHIBIT COMMERCIAL PROPERTIES FROM PRODUCING VIBRATIONS THAT ARE PERCEPTIBLE WITHOUT INSTRUMENTS BY A REASONABLE PERSON AT THE PROPERTY LINES OF A SITE, SIMILAR TO THE TERMS OF THE MUNICIPAL CODE IN THE CITY OF MANHATTAN BEACH. c) d) e) Councilmember Fangary spoke to his request, garnering support from Mayor pro tem Barragan and Mayor Tucker. REQUEST FROM MAYOR TUCKER TO ASK STAFF TO COME BACK WITH A REPORT ON HOW TO PROCEED WITH UPDATING THE CITY STREET SIGNS AS PRESENTED BY GRAPHIC SOLUTIONS TO GIVE HERMOSA BEACH A NEW UPDATED LOOK. (Continued from Meeting of April 14, 2015) Mayor Tucker spoke to his request, garnering support from Councilmembers Petty and Fangary. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND UPDATE AS NEEDED THE CITY'S MASTER FEE RESOLUTION TO ENSURE APPROPRIATE FEES ARE DESIGNATED FOR SPECIFIC CITY SERVICES. THE CITY CURRENTLY HAS RESOLUTIONS THAT PROVIDE FOR PAYMENT OF PROCESSING FEES AS SET FORTH IN THE CITY'S MASTER FEE RESOLUTION, BUT NO SUCH PROCESSING FEES ARE PROVIDED. (Continued from Meeting of April 14, 2015) Councilmember Fangary spoke to his request, garnering support from Mayor Tucker and Councilmembers Petty and DiVirgilio. REQUEST FROM COUNCILMEMBER FANGARY TO EVALUATE AND PROVIDE DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED. EVALUATION AND DIRECTION SHOULD BE PROVIDED REGARDING THE MANNER OF PROVIDING NECESSARY NOTICES, AND PAYMENT RESPONSIBILITY FOR SUCH NOTICES. (Continued from Meeting of April 14, 2015) Hermosa Beach Page 9 Printed on 12117/2015 • • City Council Meeting Minutes May 12, 2015 Councilmember Fangary spoke to his request, garnering support from Mayor pro tem Barragan and Councilmember DiVirgilio. REQUEST FROM COUNCILMEMBER PETTY TO REVISIT OPERATION CLEAN SWEEP, WHICH ELIMINATED SIGNAGE AND DISPLAYS ON PIER AVENUE. REQUEST THAT THE COUNCIL DISCUSS MODIFIED STANDARDS THAT PERMIT LIMITED SIGNAGE AND/OR APPROVED DISPLAYS THAT PROMOTE BUSINESSES YET DO NOT IMPEDE PEDESTRIAN TRAFFIC. (Continued from meeting of April 28, 2015) Councilmember Petty spoke to her request, garnering support from Mayor Tucker and Councilmember DiVirgilio. ADJOURNMENT The Regular meeting of the Hermosa Beach City Council adjourned at 10:27 p.m. on Tuesday, May 12, 2015, to an Adjourned Regular meeting at 6 p.m. Thursday, May 21, 2015 (for the designation of a City representative for labor negotiations), immediately followed by a Closed Session on labor negotiations, to be followed at 7 p.m. by a Budget/CIP workshop, which will adjourn to an Adjourned Regular meeting at 5:30 p.m. on Tuesday, May 26, 2015 (for interviews of Emergency Preparedness Advisory Commission applicants), to be followed at 6 p.m. by a joint City Council/Parks and Recreation Commission meeting, to be followed at 7 p.m. by the Regular meeting of the City Council, with all meetings (except the Closed Session) to take place in the City Council Chambers. Deputy City Clerk Hermosa Beach Page 10 Printed on 12/17/2015 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Thursday, May 21, 2015 6:00 PM ADJOURNED REGULAR MEETING (Closed Session — 6 p.m., Budget/CIP Workshop — 7 p.m. Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • • City Council Meeting Minutes May 21, 2015 6:00 P.M. - OPEN SESSION CALL TO ORDER IN COUNCIL CHAMBERS 6:05 p.m. ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT None 1. 15-0407 APPOINTMENT OF CITY REPRESENTATIVE FOR LABOR NEGOTIATIONS IN CLOSED SESSION The City Council appointed City Manager Tom Bakaly to serve as the City's representative for labor negotiations. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:07 p.m. CLOSED SESSION 1. 15-0401 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Government Code Section 54956.9(d)(2) Exposure to Litigation: One Case 2. 15-0402 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Determined in Open Session Employee Hermosa Beach Page 1 Printed on 1/25/2016 • • • City Council Meeting Minutes May 21, 2015 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 Professional Engineers Bargaining Group Unrepresented Employees ADJOURNMENT OF CLOSED SESSION 7:30 p.m. 7:00 P.M. — BUDGET / CIP WORKSHOP CALL TO ORDER 7:50 p.m. PLEDGE OF ALLEGIANCE Geoff Hirsch ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins reported no public comments, no added items, and no reportable actions regarding this evening's closed session. WORKSHOP 1. 15-0399 OVERVIEW - STRATEGIC PLAN/FISCAL HEALTH City Manager Bakaly provided an overview with a PowerPoint presentation and responded to Council questions. 2. 15-0400 PRIORITY BASED BUDGETING MODEL Jon Johnson and Chris Fabian, Center for Priority Based Budgeting, made a PowerPoint presentation and responded to Council questions. City Manager Bakaly and Finance Director Copeland responded to Council questions. Hermosa Beach Page 2 Printed on 1/25/2016 • • City Council Meeting Minutes May 21, 2015 3. 15-0403 CAPITAL IMPROVEMENT PROGRAM a) City Facilities b) South Park c) Sewer d) PCH e) Other CIP Projects Finance Director Copeland provided an overview of the program with a PowerPoint presentation and responded to Council questions. Public Works Director Brozyna reviewed the projects identified below and responded to Council questions. City Manager Bakaly also responded to Council questions. 4. 15-0404 OVERVIEW - PRELIMINARY BUDGET (<http://www.hermosabch.orq/index.aspx?paqe=211>) Attachments: SUPPLEMENTAL City Council Benefit Survey Memo (attached 5-19-15) 5. 15-0405 Attachments: 6. REPORT 15-0406 Attachments: Finance Director Copeland provided a budget overview, reviewing personnel changes, expenditures, and sources of revenue. DEPARTMENTAL PERFORMANCE MEASURES SUPPLEMENTAL Measures to Council (added 5-21-15).pdf Management Analyst Nico De Anda-Scaia presented outcome -based performance measures, noting this was a work in progress, and responded to Council questions. PROCUREMENT POLICIES (City Manager Tom Bakaly) SUPPLEMENTAL Procurement Threshold - Survey of Cities (added 5-19-15).pdf City Manager Bakaly presented the staff report, noting the supplemental comparison with other cities, and responded to Council questions. Action: To direct staff to return with a draft ordinance to increase the formal bid threshold for equipment and supplies from $5,000 to $15,000, as recommended. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 3 Printed on 1/25/2016 • City Council Meeting Minutes May 21, 2015 Further Action: To authorize an increase to the City Council approval threshold for professional services from $20,000 to $30,000, as recommended by staff. Motion DiVirgilio, second Barragan. The motion carried 4-1, noting the dissenting vote by Fangary. PUBLIC COMMENT George Barks - spoke in support of the PCH improvement project Geoff Hirsch - voiced concern about ADA access on PCH and elsewhere ADJOURNMENT The Adjourned Regular meeting of Thursday, May 21, 2015 adjourned at 11:05 p.m. to an Adjourned Regular meeting on Tuesday, May 26, 2015 at 5:30 p.m. for the purpose of conducting interviews of Emergency Preparedness Advisory Commission applicants, followed by the Regular meeting of the same date, beginning at 6 p.m. with a joint study session with the Parks, Recreation and Community Resources Commission, followed by the Regular meeting at 7 p.m. • City Clerk J • Hermosa Beach Page 4 Printed on 1/25/2016 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Agenda Tuesday, May 26, 2015 5:30 PM SECOND FLOOR CONFERENCE ROOM: Applicant Interviews — 5:30 p.m. COUNCIL CHAMBERS: Joint City Council and Parks and Recreation Commission Study Session — 6:00 p.m. Regular City Council Meeting — 7:00 p.m. City Council Mayor Peter Tucker Mayor Pro Tern Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio City Council Meeting Minutes May 26, 2015 ADJOURNED REGULAR MEETING 5:30 P.M. APPLICANT INTERVIEWS CALL TO ORDER — 5:30 p.m. ROLL CALL Present: Fangary, Petty, Mayor Tucker Absent: Barragan, DiVirgilio PUBLIC COMMENT — None a) 15-0430 INTERVIEW APPLICANTS FOR THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION Attachments: William Hallett Application.pdf David Munoz Application.pdf Cheryl Cross Application.pdf (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 members of the public wishing to observe the interviews, each of the three applicants waited their turn and entered the second floor conference room one at a •time when called to proceed with the interview process. Applicants were advised that the Council would make the appointment later at this evening's regular meeting.) ADJOURNMENT — The Adjourned Regular meeting of May 26, 2016, adjourned at 5:52 p.m. to the Regular Meeting of the same date, scheduled to begin at 6:00 p.m. with a study session. REGULAR MEETING 6:00 P.M. JOINT STUDY SESSION WITH PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION CALL TO ORDER — 6:00 p.m. PLEDGE OF ALLEGIANCE - Sandy Saemann ROLL CALL Hermosa Beach Present: Fangary, Petty, Mayor Tucker Absent: Barragan, DiVirgilio Also present were Commissioners Guheen, Lange, Raymond and Rosenfeld (Lauzon absent) Page 1 Printed on 02/04/2016 City Council Meeting Minutes May 26, 2015 STUDY SESSION • a) REPORT 15-0437 • Attachments: PARKS AND RECREATION ADVISORY COMMISSION SPECIAL EVENTNOLLEYBALL SUBCOMMITTEE UPDATE (Senior Recreation Supervisor Kelly Orta) Volleyball SubCommittee IssueBreakdown FINAL DRAFT 5 20 15 - KO Senior Recreation Supervisor Kelly Orta presented the staff report and responded to Council/Commission questions. City Manager Bakaly also responded to Council questions. Comments/suggestions from Council, Commission and staff included: o A fee for volleyball court maintenance should be considered. o Parks, Recreation and Community Resources Advisory Board meetings should take place more frequently, possibly monthly. o Enforcement of permit requirements such as the number of event participants and spectators is needed. PUBLIC COMMENT Coming forward to address the Council at this time were: Chris Brown Angela Freeman Donny Young, West Coast Beach Tennis Sandy Saemann Dave Fulton Lauren Pizer Mains ADJOURNMENT OF STUDY SESSION — 7:32 p.m. At 7:32 p.m., the City Council meeting recessed, reconvening at 7:47 p.m. with the regular agenda. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:47 p.m. PLEDGE OF ALLEGIANCE — Marie Rice ROLL CALL Present: Fangary, Petty, Mayor Tucker Absent: Barragan (arrived 8:22 p.m.), DiVirgilio CLOSED SESSION REPORT — None Hermosa Beach Page 2 Printed on 02/04/2016 • City Council Meeting Minutes May 26, 2015 ANNOUNCEMENTS Councilmember Fangary commented on the successful Memorial Day weekend Fiesta Hermosa and the well -attended 19th annual Firefighters Foundation's pancake breakfast; his appearance in a personal capacity last week before the California Energy Commission to oppose the proposed AES Energy Plant; and the June 5-6 all -day Strategic Planning Sessions. Mayor Tucker thanked the Chamber for a successful Fiesta, citing the new observance for fallen soldiers; noted new Hermosa businesses and home value comparisons; announced the May 30 and June 13 Centennial Wall handprint events to benefit Host Town Hermosa; and presented the plaque awarded to Hermosa for winning the Wyland Mayors' Challenge for Water Conservation. PROCLAMATIONS / PRESENTATIONS a) 15-0434 SWEARING IN OF POLICE OFFICERS MATTHEW FRANCO AND RICHARD TAYLOR • Chief Papa introduced Police Officers Matt Franco and Richard Taylor, providing the background and accomplishments of each. Mayor Tucker administered the Oaths of Office. 15-0467 RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 17-23, 2015 Mayor Tucker presented the Certificate of Recognition to Public Works Director Brozyna, who accepted on behalf of the City, and added that his department is a great group of people. c) 15-0435 RECOGNIZING GEORGE SCHMELTZER FOR HIS SERVICE ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION Mayor Tucker presented the Certificate of Recognition to George Schmeltzer, who thanked the City for the honor. Mr. Schmeltzer then received recognition for his service from Lauren Pizer Mains on behalf of State Senator Ben Allen. d) 15-0436 RECOGNIZING HERMOSA BEACH CENTENARIANS Attachments: Alyse Laemmle - Age 99.pdf Robert E Payne - Age 95, Barbara Payne - Age 94.docx Marie Diaz - Age 95.docx Betty Bunch - Age 94.docx Hermosa Beach Mayor Tucker presented City Certificates of Recognition to the recipients. On behalf of State Senator Ben Allen, Lauren Pizer Mains presented State Certificates of Recognition. Page 3 Printed on 02/04/2016 • • • City Council Meeting Minutes May 26, 2015 PUBLIC PARTICIPATION: (Mayor pro tern Barragan arrived at 8:22 p.m.) 7. ORAL AND WRITTEN COMMUNICATIONS: a) 15-0442 Attachments: b) 15-0443 Attachments: Corning forward to address the Council at this time were: Craig Cadwallader Lauren Nakano, Beach Cities Health District/Blue Zones Project George Schmeltzer Jose Bacallao Marie Rice Dency Nelson Jeff Duclos Betsy Ryan Grant Currie Vanessa (no last name given) Dan Wells LETTER FROM RON SIEGEL DATED MAY 8, 2015 REGARDING CASE #14-2465 AND ADMINISTRATIVE CITATION H399429 Ron Siegel Letter and Attachments.docx City Manager Bakaly and City Attorney Jenkins responded to Council questions. Action: To receive and file the letter. Motion Barragan, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. LETTER FROM GEOFF HIRSCH DATED MAY 20, 2015 REGARDING TAXI VOUCHER PROGRAM Geoff Hirsch Letter.docx City Manager Bakaly responded to Council questions. Action: To receive and file the letter. Motion Barragan, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (t) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(h) Petty; 2(t) Fangary. Motion Barragan, second Fangary. The motion carried 4-0, noting the Hermosa Beach Page 4 Printed on 02/04/2016 • City Council a) REPORT 15-0440 REPORT 15-0429 Attachments: c) REPORT 15-0441 • Attachments: REPORT 15-0427 Attachments: e) REPORT 15-0421 Attachments: f) REPORT 15-0419 Hermosa Beach Meeting Minutes May 26, 2015 absence of DiVirgilio. MEMORANDUM REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Action: To receive and file the memorandum. (DiVirgilio absent) CHECK REGISTERS (Finance Director Viki Copeland) 05-07-15 05-14-15 Action: To ratify the check registers as presented. (DiVirgilio absent) TENTATIVE FUTURE AGENDA ITEMS Tentative Future Agenda.pdf SUPPLEMENTAL Revised Tentative Future Agenda (added 5-26-15 at 1pm).pdf Action: To receive and file the tentative future agenda items as presented. (DiVirgilio absent) REVENUE AND EXPENDITURE REPORTS FOR APRIL 2015 (Finance Director Viki Copeland) April 2015 Revenue Status Report April 2015 Expenditure Status Report Action: To receive and file the April 2015 Financial Reports. (DiVirgilio absent) CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) Treasurer Report Apr'15 .pdf Cash Balances Report Apr' 15.pdf Action: To receive and file the April 2015 City Treasurer's Report and Cash Balance Report. (DiVirgilio absent) CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks, as recommended Page 5 Printed on 02/04/2016 City Council REPORT 15-0418 Attachments: h) REPORT 15-0432 i) REPORT 15-0462 Attachments: REPORT 15-0398 Hermosa Beach Meeting Minutes May 26, 2015 by the City Treasurer. (DiVirgilio absent) RECOMMENDATION TO REJECT CLAIMS (Assistant to the City Manager Diane Strickfaden) 1. Claimant: Date of Loss: Date Filed: Allegation: Clair, Ted 11-13-14 04-27-15 Personal Injury 2. Claimant: Rafferty, Jacqueline Date of Loss: 02-05-15 Date Filed: 05-11-15 Allegation: Personal Injury CLAIR2.pdf RAFFERTY2.pdf Action: To reject the claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (DiVirgilio absent) ACTION SHEET OF THE PLANNING COMMISSION MEETING OF MAY 19, 2015 Attachments: PI. Comm. Action Sheet 5-19-15.doc This item was pulled by Councilmember Petty for separate discussion later in the meeting. Action: To review and reconsider item #9 (53 Pier Avenue), specifically regarding possible payment of fees in -lieu of providing parking. Motion Petty, supported by Mayor Tucker. Final Action: To receive and file the action sheet of the Planning Commission meeting of May 19, 2015. Motion Petty, second Barragan. The motion carried 4-0, noting the absence of DiVirgilio. ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 2, 2015 030215 MINUTES-final.pdf Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 2, 2015. (DiVirgilio absent) RESOLUTION AFFIRMING HERMOSA BEACH FIRE DEPARTMENT PERSONNEL ARE COMPENSATED ON A PORTAL TO PORTAL Page 6 Printed on 02/04/2016 City Council Attachments: k) REPORT 15-0422 Attachments: I) REPORT 15-0331 Attachments: m) REPORT 15-0420 Attachments: Hermosa Beach Meeting Minutes May 26, 2015 BASIS WHEN ASSIGNED TO EMERGENCY INCIDENTS (Fire Chief David Lantzer) Portal -to -Portal Resolution Action: To approve the staff recommendation to adopt Resolution No. 15-6958, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AFFIRMING THAT THE PERSONNEL OF THE HERMOSA BEACH FIRE DEPARTMENT ARE COMPENSATED ON A PORTAL TO PORTAL BASIS WHEN ASSIGNED TO EMERGENCY INCIDENTS." (DiVirgilio absent) PROJECT STATUS REPORT AS OF APRIL 30, 2015 (Public Works Director Andrew Brozyna) CIP Project Summary Apr 2015 Action: To receive and file the report providing the status of capital improvement projects as of April 30, 2015. (DiVirgilio absent) CIP 14-541 CLARK FIELD LIGHTING AND ADA UPGRADES FOR THE MAIN STADIUM (Public Works Director Andrew Brozyna) Western Engineering PSA CIP 14-154 Revised 051815 Attch 1 5-26-15.pdf Action: To approve the staff recommendation to: 1) Award a Professional Services Agreement (PSA) to Western Engineering Group in the amount of $43,680 to prepare Plans, Specifications, Estimates (PSEs), and to provide bidding support services for CIP 14-541 - Clark Field Lighting and ADA Upgrades for the Main Stadium; and 2) Authorize the Director of Public Works to make changes as necessary within the approved budget. (DiVirgilio absent) HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2015-2016 ADOPTION OF RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING JUNE 23, 2015 FOR A PUBLIC HEARING (Public Works Director Andrew Brozyna) Engineers Report 5-26-15 reso approving the engr's report for landscape & st light 2015-16, 5-26-2015 reso setting the date and place for the public hearing for landscape & st Page 7 Printed on 02/04/2016 City Council Meeting Minutes May 26, 2015 light 2015-16, 5-26-2015 rev Action: To approve the staff recommendation to: 1) Adopt Resolution No. 15-6959, 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 2015-2016"; and 2) Adopt Resolution No. 15-6960, 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 2015-2016 FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (DiVirgilio absent) REPORT CIP No. 13-659 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL 15-0417 REPAIRS - PHASE II COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK (Public Works Director Andrew Brozyna) Attachments: NOC.pdf Action: To approve the staff recommendation to: 1) Accept the work performed by Tidal Marine Construction for the CIP No. 13-659 Hermosa Beach Municipal Pier Structural Repairs - Phase II as complete; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Authorize Staff to release payment to Tidal Marine Construction (5% retained for 35 days following filing of Notice of Completion). (DiVirgilio absent) o) REPORT SUBJECT: FINAL MAP NO. 72253 (C.U.P. CON NO. 13-10, PDP NO. 15-0428 13-11) LOCATION: 1160 CYPRESS AVENUE APPLICANT(S): 340 6TH STREET, LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1160 Cypress Ave Resolution.docx Action: To adopt Resolution No. 15-6961, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72253, FOR THE SUBDIVISION OF A 2 -UNIT CONDOMINIUM, LOCATED AT 1160 CYPRESS AVENUE IN THE CITY OF HERMOSA BEACH, CALIFORNIA," as recommended by staff. (DiVirgilio absent) Hermosa Beach Page 8 Printed on 02/04/2016 • City Council Meeting Minutes May 26, 2015 p) REPORT RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO 15-0431 INCREASE THE VALUE OF THE PROFESSIONAL SERVICES AGREEMENT WITH QUANTUM QUALITY CONSULTING, INC. FOR PROGRAM/PROJECT MANAGEMENT CONSULTING SERVICES FOR THE PACIFIC COAST HIGHWAY/AVIATION MOBILITY IMPROVEMENT PROJECT (City Manager Tom Bakaly & Public Works Director Andrew Brozyna) Attachments: Amendment to Quantam Agreement 5-26-2015 Attach 1 Action: To approve the staff recommendation to: 1) Approve First Amendment to Quantum to increase the value of the Professional Services Agreement for additional services per the revised Scope of Services; 2) Authorize the Mayor to Execute and the City Clerk to attest the attached First Amendment subject to approval by the City Attorney; and 3) Authorize the Public Works Director to make changes to the agreement within the project budget. (DiVirgilio absent) q) REPORT APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 15-0439 INTERIM ASSISTANT TO THE CITY MANAGER SERVICES WITH ROBERT BLACKWOOD (Assistant to the City Manager Diane Strickfaden) Attachments: HB Reso Final Employment Agreement - Bob Blackwood Action: To approve the staff recommendation to: 1) Adopt Resolution No. 15-6962, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING ROBERT A. BLACKWOOD AS INTERIM ASSISTANT TO THE CITY MANAGER AND APPROVING EMPLOYMENT CONTRACT"; and 2) Authorize the Mayor to execute and the City Clerk to attest to the Resolution and Agreement subject to approval by the City Attorney. (DiVirgilio absent) r) REPORT RECOMMENDATION TO SIGN THE BEST CITIES FOR 15-0461 SUCCESSFUL AGING PLEDGE (Environmental Analyst Kristy Morris) Attachments: Manors Pledge.pdf Action: To approve the staff recommendation for the Mayor, on behalf of the City Council, to sign the "Best Cities for Successful Aging Mayor's Pledge." (DiVirgilio absent) s) REPORT CONSIDERATION OF ATHENS SERVICES ANNUAL RATE 15-0457 ADJUSTMENT Hermosa Beach Page 9 Printed on 02/04/2016 City Council Attachments: Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Meeting Minutes May 26, 2015 (Environmental Analyst Kristy Morris) Action: To approve the staff recommendation to endorse the rate adjustments proposed by Athens Services for its services not to exceed the attached rate schedule effective July 1, 2015 for residential customers, bin service, and commercial customers. (DiVirgilio absent) t) REPORT REQUEST TO RENEW EXCLUSIVE TAXICAB FRANCHISE 15-0470 AGREEMENTS (Police Chief Sharon Papa) Attachments: 2015 Amended Taxicab Franchise Agreement.docx 2015 Franchisee Letter.pdf SUPPLEMENTAL Memo from Ennis Jackson (added 5-27-15 at 9am).pdf • This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Ennis Jackson, Administrative Services Coordinator, also responded to Council questions. Action: To approve the extension for one year instead of three; to allow the accommodation of permitting vehicles up to eight -years -old instead of seven; and to direct staff to consider options such as putting this out to bid, approving a longer contract, and addressing the parking problems with Lyft and Uber by perhaps granting them designated parking. Motion Fangary, second Tucker. The motion carried 3-1, noting the dissenting vote of Barragan and the absence of DiVirgilio. 3. CONSENT ORDINANCES } a) REPORT ORDINANCE No. 15-1351- "AN ORDINANCE OF THE CITY OF 15-0423 HERMOSA BEACH, CALIFORNIA, RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER MANAGEMENT AND POLLUTION CONTROL AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND REPEALING CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN BUILDING STANDARDS." (City Clerk Elaine Doerfling) Hermosa Beach Page 10 Printed on 02/04/2016 • City Council Attachments: 15-1351 Stormwater Meeting Minutes May 26, 2015 Action: To waive full reading and adopt Ordinance No. 15-1351, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER MANAGEMENT AND POLLUTION CONTROL AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND REPEALING CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN BUILDING STANDARDS." Motion Petty, second Barragan. The motion carried 4-0, noting the absence of DiVirgilio. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(h) and (t) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a) REPORT AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 5.76 (CIGARETTE 15-0433 AND TOBACCO RETAILERS) REQUIRING LICENSURE OF CIGARETTE AND TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO MINORS, AMENDING CHAPTER 8.40 TO EXPAND THE DEFINITION OF SMOKING TO INCLUDE ELECTRONIC CIGARETTES, AND MAKING VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Community Development Director Ken Robertson) City Manager Bakaly responded to Council questions. The public hearing opened at 9:07 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:07 p.m. Action: To continue this item. Motion Barragan, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. b) REPORT GENERAL PLAN LAND USE MAP AMENDMENT FROM GC 15-0438 (GENERAL COMMERCIAL) TO OS (OPEN SPACE) AND ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) AT 1309 BARD STREET AND ADJACENT LOT, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Hermosa Beach Page 11 Printed on 02/04/2016 S City Council Meeting Minutes Attachments: General Plan Amendment Resolution.docx May 26, 2015 Zone Change Ordinance.docx PC Resolution 15-12.pdf Planning Commission Staff Report 4-21-15.pdf Radius Map.pdf Poster Verification.pdf Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:11 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:11 p.m. Action: To adopt Resolution No. 15-6963, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN, LAND USE ELEMENT, LAND USE MAP FROM GC (GENERAL COMMERCIAL) TO OS (OPEN SPACE), FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT)t LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA." Motion Petty, second Barragan. The motion carried 4-0. (DiVirgilio absent) 6. MUNICIPAL MATTERS a) REPORT INITIAL REPORT REGARDING HANDLING OF INVESTIGATION, 15-0471 PUBLIC RECORDS REQUESTS AND PERSONNEL COMPLAINT AGAINST THE CITY MANAGER ARISING FROM THE MARCH 3, 2015 INCIDENT IN FRONT OF THE STANDING ROOM (City Attomey Mike Jenkins) Attachments: Public Records Request - Released Documents.pdf City Manager Bakaly 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: Jose Bacallao Betsy Ryan Ray Waters Marie Rice Action: To direct staff to forward all Public Records Requests that are declined (for legal reasons) by staff to the City Attorney. Motion Fangary, second Barragan. The motion carried 4-0, noting the absence of DiVirgilio. b) REPORT UPDATE ON 2013 GREEN CODE ENERGY ADOPTION Hermosa Beach Page 12 Printed on 02/04/2016 City Council 15-0445 REPORT 15-0464 Attachments: Hermosa Beach Meeting Minutes AND STATE MANDATED CHANGES THERETO (Community Development Director Ken Robertson) May 26, 2015 Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and Bob Rollins, Building and Code Enforcement Official, also responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson Action: To receive and file the update. Motion Barragan, second Fangary. The motion carried 4-0. (DiVirgilio absent) ADOPTION OF RESOLUTION TO OPPOSE THE LICENSING APPLICATION FOR THE AES REDONDO BEACH POWER PLANT (Community Development Director Ken Robertson) AES Resolution of opposition.docx SUPPLEMENTAL Letter and Attachments from Betsy Ryan (added 5-26-15 at 1pm).pdf Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Jeff Duclos Jose Bacallao Betsy Ryan Justin Massey Craig Cadwallader, Surfrider Foundation South Bay Chapter Action: To approve the staff recommendation to adopt Resolution No. 15-6964, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OPPOSING THE LICENSING APPLICATION FOR A POWER PLANT IN REDONDO BEACH BY THE AES CORPORATION TO THE CALIFORNIA ENERGY COMMISSION." Motion Petty, second Barragan. The motion carried 4-0, noting the absence of DiVirgilio. Proposed Additional Action: To direct staff to return with the costs associated with continuing the process as an intervener of AES. Motion Fangary. The motion died for lack of a second. Page 13 Printed on 02/04/2016 City Council Meeting Minutes May 26, 2015 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT UPDATE ON POLICE DEPARTMENT PLANNING PROCESS FOR 15-0386 JULY 4, 2015 (Police Chief Sharon Papa) Police Chief Papa presented the staff report and responded to Council questions. Action: To receive and file the update. Motion Petty, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. REPORT PARKS AND RECREATION ADVISORY COMMISSION 15-0468 COMMUNITY THEATRE SUBCOMMITTEE UPDATE (Senior Recreation Supervisor Kelly Orta) City Manager Bakaly and Robert Rosenfeld, Parks, Recreation and Community Resources Advisory Board member, presented the staff report and responded to Council questions. Jon Fitzgerald, CineCause Founder/CEO, responded to Council questions. Jan Brittain, Public Works Commissioner, also responded to Council questions. Action: To receive and file the update. Motion Petty, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT 15-0426 VACANCIES - BOARDS AND COMMISSIONS EMERGENCY PREPAREDNESS ADVISORY COMMISSION THREE TERM EXPIRATIONS ON MAY 31, 2015 UNEXPIRED TERM ENDING MAY 31, 2017 (City Clerk Elaine Doerfling) Attachments: EPAC revised Action: To appoint William G. Hallett and David Munoz to four-year terms and Cheryl Cross to the two-year unexpired term as she requested. Motion Tucker, second Fangary. The motion carried 4-0, noting the absence of DiVirgilio. b) REPORT VACANCIES - BOARDS AND COMMISSIONS 15-0424 PLANNING COMMISSION Hermosa Beach Page 14 Printed on 02/04/2016 City Council Meeting Minutes TWO TERM EXPIRATIONS ON JUNE 30, 2015 (City Clerk Elaine Doerfling) May 26, 2015 Action: To direct the City Clerk to immediately advertise and request applications from interested parties for two terms that expire June 30, 2015. Motion Tucker, second Fangary. The motion carried 4-0. (DiVirgilio absent) REPORT VACANCIES - BOARDS AND COMMISSIONS 15-0425 CIVIL SERVICE BOARD TWO TERM EXPIRATIONS ON July 15, 2015 (City Clerk Elaine Doerfling) Action: To direct the City Clerk to advertise for applications. Motion Fangary, second Barragan. The motion carried 4-0, noting the absence of DiVirgilio. 9. OTHER MATTERS - CITY COUNCIL a) 15-0444 REQUEST FROM MAYOR TUCKER FOR COUNCIL TO AUTHORIZE THE CITY CLERK TO VERIFY SIGNATURES UPON SUBMITTAL OF AN INITIATIVE PETITION TO PLACE ON THE NOVEMBER 3, 2015 BALLOT A MEASURE TO RAISE THE TRANSIENT OCCUPANCY TAX FROM 10% TO 12%. Councilmember Tucker spoke to his request, garnering support from Barragan and Fangary. ADJOURNMENT - The Regular meeting of Tuesday, May 26, 2015 adjourned at 11:45 p.m. to the Adjourned Regular meeting (Strategic Planning) on June 5, 2015 at 8:30 a.m. in Council Chambers (which will recess to a Closed Session at approximately 9:30 a.m., and reconvene to the Strategic Planning session after the noon lunch break at 1 p.m.), which will adjourn to the Adjourned Regular meeting (Strategic Planning) on Saturday, June 6, 2015 at 8:30 a.m. in Council Chambers, which will adjourn to the Adjourned Regular meeting (for the purpose of interviewing Parks and Recreation Commission applicants) at 5 p.m., June 9, 2015, to be followed by a 6 p.m. Closed Session (for the purpose of a performance review of the City Attorney) and then the Regular meeting at 7 p.m. Hermosa Beach Page 15 Deputy City Clerk Printed on 02/04/2016 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, June 9, 2015 5:00 PM Applicant Interviews for Parks and Recreation Commission (5pm), Closed Session (6pm), and Regular City Council Meeting (7pm) Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • • City Council Meeting Minutes June 9, 2015 ADJOURNED REGULAR MEETING — 5:00 P.M. -APPLICANT INTERVIEWS (LOCATION: Meeting to convene in the First Floor Conference Room) CALL TO ORDER IN FIRST FLOOR CONFERENCE ROOM— 5:05 p.m. ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT — None a) 15-0491 INTERVIEW APPLICANTS FOR THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Attachments: Parks and Rec Commission Applications SUPPLEMENTAL Letter from Joey Farrales (added 6-8-15 at 5pm) ADJOURNMENT OF APPLICANT INTERVIEWS — 6:10 p.m. CLOSED SESSION — 6:00 P.M. (LOCATION: Meeting to convene in the Council Chambers and move to the Second Floor Conference Room CALL TO ORDER IN COUNCIL CHAMBERS — 6:20 p.m. ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None PUBLIC COMMENT — No one came forward to address the Council at this time. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM — 6:21 p.m. 15-0492 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Attorney ADJOURNMENT OF CLOSED SESSION — 7:05 p.m. Hermosa Beach Page 1 Printed on 11/17/2015 • • City Council Meeting Minutes June 9, 2015 7:00 P.M. - REGULAR AGENDA CALL TO ORDER – 7:15 p.m. PLEDGE OF ALLEGIANCE – Mary Ellen Workman ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received before the Council recessed to Closed Session; said one item of immediate importance—a matter involving labor negotiations—was added to the Closed Session agenda; and said there were no reportable actions taken. ANNOUNCEMENTS Councilmember Fangary disclosed his meetings with developer Bolour Associates and OTO Developers; noted last weekend's successful Hermosa Art Walk; announced the unveiling of the fifth City Mural Sunday, June 28 at 11 a.m. at the Underground Building; and invited everyone to the Redondo Gateway ribbon cutting Saturday, June 13 at 10 a.m. Redondo Beach Councilmember Bill Brand said their City is evaluating the situation on the Gateway as they have heard many traffic complaints. Councilmember Petty acknowledged the recent Leadership Hermosa class project, FitFest, calling it a success with over 200 participants. She also recognized the participating restaurants and gyms. Mayor pro tern Barragan said she was part of a press conference yesterday in Long Beach discussing the Santa Barbara oil spill and the tar balls that have appeared on local beaches of late. Mayor Tucker said Special Olympics Host Town activities will take place July 21-23, and invited Host Chair Jody Leventhal to provide an update during public comment. Hermosa Beach Page 2 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 PROCLAMATIONS / PRESENTATIONS a) 15-0490 PRESENTATION BY CHAMBER OF COMMERCE TO SCHOLARSHIP RECIPIENTS Kimberlee MacMullan, Hermosa Chamber President/CEO, along with Mary Ellen Workman, introduced the scholarship recipients, Margaret Hackney and William "Mac" Power, and cited their many achievements and goals. Margaret, the Hermosa Chamber of Commerce and Visitor's Bureau scholarship recipient, thanked the Chamber for the scholarship. Mrs. Workman also presented Mac, the John Workman Memorial Scholarship recipient, a gift toward his education. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Sheryl Main Adam Wald, Jeff Raedy, Ryan Bozsan, and Mike Judd, Leadership Hermosa Jim Hannigan, Beach Cities Cycling Club Julian Katz Jody Leventhal, Hermosa Host Town Chair (Special Olympics) Joe Galliani Sal Longo Barbara Ellman Jim Lissner Betsy Ryan Liz Torres Rick Learned Marie Rice Jose Bacallao Chris Prenter Ken Hartley George Barks Hermosa Beach Page 3 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 2. CONSENT CALENDAR: REPORT 15-0487 Attachments: b) REPORT 15-0493 Attachments: 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(c) Fangary. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) 061014 adi cc draft min budget study session.docx 061014 CC mtq draft min.docx Action: To receive and file the City Council meeting minutes. CHECK REGISTERS (Finance Director Viki Copeland) 05-21-15 2b(1) 05-28-15 2b(2) 05-28-15a 2b(3) 05-28-15b 2b(4) Action: To ratify the check registers as presented. c) REPORT TENTATIVE FUTURE AGENDA ITEMS 15-0488 (Continued from meeting of June 9, 2015) Attachments: Tentative Future Agenda.doc This item was removed from the consent calendar by Councilmember Fangary for separate discussion later in the meeting. This item was subsequently continued to the June 23, 2015 meeting. d) REPORT CANCELLATION OF CERTAIN CHECKS 15-0482 (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks, as recommended by the City Treasurer. Hermosa Beach Page 4 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 REPORT 15-0485 FIRST AMENDMENT TO THE VOLLEYBALL POLE POP ART PROJECT LICENSE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND LEADERSHIP HERMOSA BEACH (City Manager Tom Bakaly) Attachments: Amendment to LHB Agreement.doc License Agreement - Signed- Leadership HB.pdf Letter to extend agreement on month -to month basis.pdf REPORT 15-0481 Action: To approve the staff recommendation to: 1) Approve the First Amendment to the Volleyball Pole Pop Art Project license agreement with Leadership Hermosa Beach; and 2) Authorize the Mayor to Execute and the City Clerk to attest to the attached First Amendment. REVISION OF PURCHASING ORDINANCE TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDING, TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND TO AMEND THE HERMOSA BEACH MUNICIPAL CODE (HBMC) (City Manager Tom Bakaly Finance Director Viki Copeland) (Prior to the motion to approve the consent calendar, City Clerk Doerrling clarified the recommended motion and read the Ordinance title.) Attachments: Agenda Item on Procurement Policies from May 21, 2015 SUPPLEMENTAL Procurement Threshold - Survey of Cities (added 5-19-15).pdf Ordinance 15 -XX - Purchasing Ordinance Amendment 2015 g) REPORT 15-0472 Action: To waive full reading and introduce Ordinance No. 15-1353, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING ORDINANCE NO. 93-1097, TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDING AND TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." ADOPTION OF THE 2015-16 APPROPRIATIONS LIMIT (Finance Director Viki Copeland) Attachments: Resolution Adopting 2015-16 Appropriations Limit 2105-16 Calculation of Appropriation Limit Hermosa Beach Page 5 Printed on 11/17/2015 • • City Council Meeting Minutes June 9, 2015 REPORT 15-0498 Action: To adopt Resolution No. 15-6965, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2015-2016." ACCEPTANCE OF PROPERTY THAT IS CURRENTLY A PORTION OF A WALK -STREET OFFERED BY PROPERTY OWNER AT 2918 THE STRAND (Community Development Director Ken Robertson) Attachments: Quitclaim Deed.pdf Action: To accept the quitclaim deed of the property used by the public as a walk -street as offered by the owner, as recommended by staff. REPORT 15-0496 PARTICIPATION IN FUNDING BEACH CITIES TRANSIT (BCT) LINE 109 WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH FUNDED FROM PROPOSITION A FUNDS (Community Development Director Ken Robertson) Attachments: BCT Line 109 Cost Sharing Estimates for Fiscal Year 2016 revised6 2 15. pdf Transit Service Operation Agreement - RB and HB.pdf j) REPORT 15-0479 Action: To approve the staff recommendation to: 1) Approve participation for two years along with the other beach cities and direct the Mayor to sign the agreement on behalf of the City; 2) Approve expenditure of $10,391 for Fiscal Year 2015-16 from Proposition A funds; and 3) Authorize the expenditure of a 10 percent increase (with up to 25 percent increase if certain conditions are met) above the 2015-2016 Fiscal Year expenditure of $10,391, final cost sharing estimate will be provide in May 2016 and included in the 2016-2017 budget. VACCINATION SERVICES AGREEMENT (Fire Chief David Lantzer) Attachments: Vaccination Provider Agreement Action: To approve the Vaccination Services Agreement between the City of Hermosa Beach and Ralph's Pharmacy of Hermosa Beach and authorize the City Manager to execute the Agreement. Hermosa Beach Page 6 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 k) REPORT 15-0486 AWARD OF CONTRACT TO AESCO, INC. AND TWINING, INC. TO PROVIDE ON-CALL GEOTECHNICAL / MATERIALS TESTING AND INSPECTION SERVICES (Public Works Director Andrew Brozyna) Attachments: PSA to AESCO. Inc. PSA to Twining, Inc. SUPPLEMENTAL Memo from Andrew Brozyna (added 6-9-15 at 1 pm).pdf REPORT 15-0483 Action: To approve the staff recommendation to: 1) Award a Professional Services Agreement (PSA) to AESCO, Inc. to provide on-call materials testing and inspection services in the not -to -exceed amount of $75,000 for three (3) years; 2) Award a Professional Services Agreement (PSA) to Twining, Inc. to provide on-call materials testing and inspection services in the not -to -exceed amount of $75,000 for three (3) years; and 3) Authorize the Director of Public Works to make changes as necessary within the approved budget. AWARD OF CONTRACT TO HARTZOG & CRABILL, INC. AND QUANTUM CONSULTING, INC. TO PROVIDE ON CALL TRAFFIC ENGINEERING SERVICES (Public Works Director Andrew Brozyna) Attachments: PSA for Hartzog & Crabill, Inc. PSA for Quantum Consulting, Inc. SUPPLEMENTAL Memo from Andrew Brozvna (added 6-9-15 at 1 pm).pdf Action: To approve the staff recommendation to: 1) Award a Professional Services Agreement (PSA) to Hartzog & Crabill, Inc. in the not -to -exceed amount of $150,000 for a period of three (3) years to provide on-call traffic engineering services; 2) Award a Professional Services Agreement (PSA) to Quantum Consulting, Inc. in the not -to -exceed amount of $150,000 for a period of three (3) years to provide on-call traffic engineering services; and 3) Authorize the Director of Public Works to make changes as necessary within the approved budget. 3. CONSENT ORDINANCES Hermosa Beach Page 7 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 a) REPORT 15-0474 ORDINANCE NO. 15-1352 ENTITLED "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA." (Continued from meeting of June 9, 2015) (City Clerk Elaine Doerfling) Attachments: 15-1352 Zone Change -1309 Bard-draftl This item was continued to the meeting of June 23, 2015. 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 - TO COMMENCE AT 7:30 P.M. REPORT 15-0495 ADOPTION OF 2015-2016 BUDGET (Finance Director Viki Copeland) Attachments: CIP - 11-537 South Park Playground Improvement 3-27 CIP - 15-607 Fire Station Renovation & Upgrades CIP Spreadsheet & Summary Budget Workshop Discussion Items Reso 15-xxxx 2015-16 Budget Adoption Complete SUPPLEMENTAL Memo from Viki Copeland (added 6-9-15 at 4pm).pdf SUPPLEMENTAL Information from Jim Lissner (added 6-10-15 at 7pm).pdf Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 8:56 p.m. Coming forward to address the Council on this item were: Hermosa Beach Page 8 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 Jim Lissner Justin Massey Cami Herbert Arcadia Berjonneau Beth Rohrer and son Lauren Pizer Mains Jessica Guheen Dency Nelson Chris Prenter George Barks The public hearing closed at 9:24 p.m. Proposed Action: To continue this item to the next meeting. Motion Fangary. The motion died for lack of a second. Action: To amend the budget to allot an additional $80,000 toward the fire tower demolition, from Prospective Expenditures. Motion Tucker, second Fangary. The motion carried by a unanimous vote. Additional Action: To amend the budget to remove paying for Councilmembers' cell phones. Motion Barragan, second Petty. The motion carried 4-1, with Fangary as the dissenting vote. Additional Action: To direct staff to obtain an independent third party to study City revenues vs. expenditures regarding the late night downtown establishments in the City. Motion Barragan, second Fangary. The motion carried 4-1, noting the dissenting vote of Petty. Additional Action: To direct staff to notate in the budget individual Councilmembers' travel expenses, rather than as a whole. Motion DiVirgilio. It was the consensus of the Council to approve the motion. Additional Action: To direct staff to return for a CIP policy discussion sometime in the coming quarter. Motion DiVirgilio, second Barragan. The motion carried by a unanimous vote. Hermosa Beach Page 9 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 b) REPORT 15-0494 Proposed Additional Action: To remove from the budget funding for Strategic Planning meetings in 2016. Motion Fangary, second Barragan. The motion failed due to the dissenting votes of DiVirgilio, Petty, Mayor Tucker. Final Action: To: 1. Adopt Resolution 15- 6966, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2015-2016," approving the 2015-16 Budget; and 2. Approve contracts for services contained herein. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. The meeting recessed at 10:14 p.m. The meeting reconvened at 10:28 p.m. Action: To extend the meeting to 11:30 p.m. Motion Petty, second Barragan. The motion carried by a unanimous vote. AMENDMENT TO THE SIGN CODE REGARDING AUTO SALES SIGNS ON PACIFIC COAST HIGHWAY AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Attachments: 1 - Proposed Temporary Ordinance.doc 2 - Alternative Permanent Ordinance.doc 3 - Ordinance No. 14-1347 and City Council Minutes 5-27-14.pdf 4 - Planning Commission 4-21-15 Staff Report and Resolution.pdf 5 - Sign Code Excerots.doc 6 - Site Photos.doc Community Development Director presented the staff report and responded to Council questions. Hermosa Beach Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 The public hearing opened at 10:33 p.m. Coming forward to address the Council on this item were: Andrea Jacobsson, JAMAAutohaus George Barks The public hearing closed at 10:36 p.m. Action: To waive full reading and introduce by title Ordinance No. 15-1354, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH. CALIFORNIA, AUTHORIZING THE ERECTION OF EXTENDED TEMPORARY SIGNS BY AUTOMOBILE DEALERS FOR A TWO-YEAR PERIOD AND SUPERSEDING ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREWITH," (in effect for two additional years instead of one); and 2) To devise a comprehensive signage plan (not just auto dealers) to coincide with the renovation of the Aviation & PCH intersection. Motion Petty, second DiVirgilio. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. 6. MUNICIPAL MATTERS a) REPORT RESIDENT'S REQUEST FOR ON STREET DISABLED PARKING SPACE 15-0484 AT 1507 GOLDEN AVENUE (Public Works Director Andrew Brozyna) Attachments: Photo of frontage with proposed improvements Public Notice Letter from resident requesting disabled parking spot 1507 Golden Ave Resident Letter 6-3-2015 Attach 4 SUPPLEMENTAL Memo from Andrew Brozvna (added 6-9-15 at 1 pm).pdf SUPPLEMENTAL Letter from Kent Allen (added 6-9-15 at 4pm).pdf Public Works Director Brozyna presented the staff report and responded to Council questions. • City Attorney Jenkins also responded to Council questions. Hermosa Beach Page 11 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 b) REPORT 15-0478 Coming forward to address the Council on this item were: Steve Lydell Carol Lydell Action: To approve the request for an on street disabled parking space. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. INITIAL REPORT REGARDING MINUTES FOR CITY COUNCIL AND CITY BOARD AND COMMISSION MEETINGS (City Clerk Elaine Doerfling) Attachments: CCAC Committee working notes on minutes.pdf Sample of EPAC minutes.pdf Sample of Public Works Commission minutes.pdf Sample of Planning Commission minutes.pdf Sample of Parks and Rec Commission minutes.pdf SUPPLEMENTAL Memo from Elaine Doerfling (added 6-9-15 at 1 pm).pdf City Clerk Doerfling presented the report and responded to Council questions. No one came forward to address the Council on this item. Action: To direct the City Clerk to return with a full discussion on policy moving forward and how to bring the minutes up to date. Motion Barragan, second Petty. The motion carried by a unanimous vote. c) REPORT DIRECTION ON AMENDING THE MUNICIPAL CODE REGARDING VIBRATIONS 15-0506 FROM COMMERCIAL PROPERTIES (Community Development Director Ken Robertson) Hermosa Beach Page 12 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 Attachments: Recommended Changes to Noise Ordinance.docx Hermosa Beach Chapter 8.24 Noise Control.docx Manhattan Beach code re vibrations.docx SUPPLEMENTAL Letter from Cory Mendelsohn (added 6-9-15 at 9am).pdf SUPPLEMENTAL Letter from Karen Anderson (added 6-9-15 at 9am).pdf SUPPLEMENTAL Letter from Michael Binder (added 6-9-15 at 1 pm).pdf SUPPLEMENTAL Letter from Robert Walsh (added 6-9-15 at 3pm).pdf Action: To discuss items 6d and 6e at the conclusion of this item, and continue all other items to June 23, 2015. Motion Fangary, second Barragan. The motion carried by a unanimous vote. 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: Alicia Villareal Larry Nakamura Rebecca Nakamura Mike Owen Chris Prenter Mark Hanna Bruce Burger Name Indistinct Dan Wells, Horsepower Crossfit Gym Danielle Cordare, Horsepower Crossfit Gym George Barks Jed Sanford Proposed Action: To direct staff to return with various proposed language options for the Ordinance based upon Council feedback from tonight's meeting, including a section on vibrations in conjunction with noise and other provisions. Motion Fangary, second Barragan. The motion failed due to the dissenting votes of DiVirgilio, Petty, Mayor Tucker. Proposed Motion: To receive and file the report. Motion DiVirgilio, second Petty. The motion was subsequently replaced by the substitute motion below Hermosa Beach Page 13 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 d) REPORT 15-0475 Substitute Motion: To receive and file the report; and to direct staff to remain open to interest from the community to have the City conduct the testing that was proposed. Motion DiVirgilio, second Petty. The motion failed due to the dissenting votes of Barragan, Fangary, Mayor Tucker. Action: To receive and file the report; and to direct staff to initiate a test consistent with direction received by the Council. Motion DiVirgilio, second Tucker. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. AUTHORIZATION FOR THE CITY CLERK TO VERIFY SIGNATURES UPON SUBMITTAL OF AN INITIATIVE PETITION TO PLACE ON THE NOVEMBER BALLOT A MEASURE TO RAISE THE TRANSIENT OCCUPANCY TAX (City Clerk Elaine Doerfling) City Clerk Doerfling presented the staff report and responded to Council questions. • Coming forward to address the Council at this time was: e) REPORT 15-0476 Dency Nelson Action: To authorize the City Clerk to verify signatures upon submittal of an initiative petition to place on the November 3, 2015 ballot a measure to raise the Transient Occupancy Tax (TOT) from 10% to 12%. Motion Fangary, second Tucker. The motion carried by a unanimous vote. FIXING THE COMPENSATION OF THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015 (City Clerk Elaine Doerfling) Attachments: Reso for Clerk's election comp City Clerk Doerfling presented the report and responded to questions. Action: To adopt Resolution No. 15-6967, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015." Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. Hermosa Beach Page 14 Printed on 11/17/2015 • • City Council Meeting Minutes June 9, 2015 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT DOWNTOWN CORE STRATEGIC PLAN UPDATE 15-0480 (Continued from meeting of June 9, 2015) (Economic Development Officer Shelli Margolin -Mayer) Attachments: DowntownParkingConceptMasterPlan.pdf CommunitvCenterParkingStructurePhases.pdf Implementation Timeline Table.docx Downtown Core Revitalization Strategy Accepted 2-24-2015.pdf Principles and Guidelines.pdf Downtown Plan 5-19.pdf This item was continued to the meeting of June 23, 2015. REPORT CIP 11-537 SOUTH PARK PHASE 1 IMPROVEMENTS -PLAYGROUND 15-0507 REMODEL PROJECT UPDATE - CHANGES TO PLAYGROUND (Continued from meeting of June 9, 2015) (Public Works Director Andrew Brozyna) This item was continued to the meeting of June 23, 2015. c) REPORT STRATEGIC PLAN ACTION AGENDA QUARTERLY UPDATE 15-0489 (Continued from meeting of June 9, 2015) (Management Analyst Nico De Anda-Scaia) Attachments: Strategic Plan and Action Agenda Tracking 6-2015.pdf This item was continued to the meeting of June 23, 2015. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT VACANCIES - BOARDS AND COMMISSION - PARKS, RECREATION 15-0477 AND COMMUNITY RESOURCES ADVISORY COMMISSION APPOINTMENTS TWO TERM EXPIRATIONS ON JUNE 30, 2015 AND ONE UNEXPIRED TERM ENDING JUNE 30, 2017 (Continued from meeting of June 9, 2015) (City Clerk Elaine Doerfling) Hermosa Beach Page 15 Printed on 11/17/2015 • City Council Meeting Minutes June 9, 2015 Attachments: Parks and Rec Commission Applications SUPPLEMENTAL Letter from Joey Farrales (added 6-8-15 at 5pm) Letter from Dency Nelson dated 6-17-15 in support of Isabel Rodriquez.docx SUPPLEMENTAL Letter from Randy Balik in support of Chris Brown (added 6-23-15 at 11am).pdf SUPPLEMENTAL Letter from Sandy Saemann opposing Chris Brown (added 6-23-15 at 4pm).pdf SUPPLEMENTAL Letter from Kent Allen opposing Chris Brown (added 6-23-15 at 4pm).pdf This item was continued to the meeting of June 23, 2015. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT The Regular meeting of June 9, 2015, adjourned at 12:51 a.m. on Wednesday, June 10, 2015, to a Closed Session at 5 p.m., Tuesday, June 23, 2015, which will adjourn to the Regular meeting at 6 p.m. of that same date, in Council Chambers. Deputy City Clerk Hermosa Beach Page 16 Printed on 11/17/2015 • •� Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, June 23, 2015 5:00 PM SPECIAL MEETING (Closed Session -spm, Open Session -bpm) REGULAR MEETING (7pm) Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio • City Council Meeting Minutes June 23, 2015 NOTICE OF SPECIAL MEETING AND AGENDA PLEASE TAKE NOTICE that the Mayor of the City of Hermosa Beach has called a special meeting of the City Council to take place at 5:00 p.m. on Tuesday, June 23, 2015, to consider and take action on only those matters as set forth on the agenda below. SPECIAL MEETING 5:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS — 5:15 p.m. ROLL CALL Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio PUBLIC COMMENT — No one came forward to address the Council at this time. • RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM — 5:16 p.m. • 1. 15-0522 MINUTES: Approval of minutes of the following Closed Sessions. May 12, 2015 May 21, 2015 June 5, 2015 June 9, 2015 2. 15-0523 CONFERENCE WITH LEGAL COUNSEL: The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 b) Name of Case: David Bohacik (Dec'd), Martha Bohacik (Widow) v. City of Hermosa Beach WCAB Number: ADJ7960494 (Worker's Compensation) HPrmnsa Beach Pana 1 Printed on 12/1/2015 City Council Meeting Minutes June 23, 2015 11, RECONVENE SPECIAL MEETING IN COUNCIL CHAMBERS — 6:03 p.m. SPECIAL MEETING 6:00 P.M. — OPEN SESSION CALL TO ORDER IN COUNCIL CHAMBERS — 6:05 p.m. PLEDGE OF ALLEGIANCE— Jim Sullivan ROLL CALL Present: Barragan, Fangary, Petty, Mayor Tucker Absent: DiVirgilio (arrived 6:18 p.m.) • PUBLIC COMMENT Coming forward to address the Council at this time were: Jim Sullivan Dency Nelson 1. CONSENT ORDINANCES a) REPORT 15-0474 ORDINANCE NO. 15-1352 ENTITLED "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA." (Continued from meeting of June 9, 2015) (City Clerk Elaine Doerfling) Attachments: 15-1352 Zone Change -1309 Bard-draftl City Clerk Doerfling presented the report. Community Development Director Robertson and City Manager Bakaly responded to questions. Hermosa Beach Page 2 Printed on 12/1/2015 • City Council Meeting Minutes June 23, 2015 Action: To waive full reading and adopt by title Ordinance No. 15-1352, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA." Motion Petty, second Fangary. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Barragan, Fangary, Petty, Mayor Tucker None DiVirgilio None 2. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION a) REPORT 15-0488 TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of June 9, 2015) Attachments: Tentative Future Agenda.doc This item had been removed from the consent calendar by Councilmember Fangary for separate discussion. Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Petty. The motion carried 4-0, noting the absence of DiVirgilio. 3. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT 15-0480 DOWNTOWN CORE STRATEGIC PLAN UPDATE (Continued from meeting of June 9, 2015) (Economic Development Officer Shelli Margolin -Mayer) Hermosa Beach Page 3 Printed on 12/1/2015 • City Council Meeting Minutes June 23, 2015 Attachments: DowntownParkingConceptMasterPlan.pdf CommunityCenterParkingStructurePhases.pdf Implementation Timeline Table.docx Downtown Core Revitalization Strategy Accepted 2-24-2015.pdf Principles and Guidelines.pdf Downtown Plan 5-19.pdf City Manager Bakaly presented the update and responded to Council questions. (Councilmember DiVirgilio arrived at 6:18 p.m.) Action: To receive and file the update. Motion Petty, second Barragan. The motion carried by a unanimous vote. b) REPORT CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS -PLAYGROUND 15-0507 REMODEL PROJECT UPDATE - CHANGES TO PLAYGROUND (Continued from meeting of June 9, 2015) (Public Works Director Andrew Brozyna) Public Works Director Brozyna presented the update and responded to Council questions. City Manager Bakaly also responded to Council questions. Action: To receive and file the update. Motion Petty, second Barragan. The motion carried by a unanimous vote. c) REPORT STRATEGIC PLAN ACTION AGENDA QUARTERLY UPDATE 15-0489 (Continued from meeting of June 9, 2015) (Management Analyst Nico De Anda-Scaia) Attachments: Strategic Plan and Action Agenda Tracking 6-2015.pdf City Manager Bakaly presented the update and responded to Council questions. Action: To receive and file the update. Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. 4. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL Hermosa Beach Page 4 Printed on 12/1/2015 City Council Meeting Minutes June 23, 2015 • a) REPORT 15-0477 • VACANCIES - BOARDS AND COMMISSION - PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPOINTMENTS TWO TERM EXPIRATIONS ON JUNE 30, 2015 AND ONE UNEXPIRED TERM ENDING JUNE 30, 2017 (Continued from meeting of June 9, 2015) (City Clerk Elaine Doerfling) Attachments: Parks and Rec Commission Applications SUPPLEMENTAL Letter from Joey Farrales (added 6-8-15 at 5pm) Letter from Dency Nelson dated 6-17-15 in support of Isabel Rodriguez.docx SUPPLEMENTAL Letter from Randy Balik in support of Chris Brown (added 6-23-15 at 11am).pdf SUPPLEMENTAL Letter from Sandy Saemann opposing Chris Brown (added 6-23-15 at 4pm).pdf SUPPLEMENTAL Letter from Kent Allen opposing Chris Brown (added 6-23-15 at 4pm).pdf City Clerk Doerfling presented the report and responded to questions. Action: It was the consensus of the City Council to appoint Robert Rosenfeld and Maureen Lewis to four -years terms ending June 30, 2019, and Isabel Rodrigues to the unexpired term ending June 30, 2017. ADJOURNMENT OF SPECIAL MEETING — 6:50 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:10 p.m. PLEDGE OF ALLEGIANCE — Roger Bacon ROLL CALL Present: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker Absent: None CLOSED SESSION REPORT City Attorney Jenkins reported that no public comments were received before the Council recessed to Closed Session; one item was added to the Closed Session agenda, a matter of pending litigation, Merrill v. the City of Hermosa Beach; and no reportable actions were taken. Hermosa Beach Page 5 Printed on 12/1/2015 • • • City Council Meeting Minutes June 23, 2015 ANNOUNCEMENTS Fire Chief Lantzer came forward at Council's request to give an update on the recent appearance of tar balls on local beaches, requiring a two-day closure, citing the Santa Barbara oil spill as the source of some of the tar, and noting that at least one sample was traced to natural oil seepage in the ocean. Councilmember Fangary said the South Coast Air Quality Management District on July 25 will give a presentation and take public comment regarding the proposed AES Power Plant at the Redondo Beach Crowne Plaza Hotel. Mayor pro tem Barragan said she will be honored by the Los Angeles Sierra Club with an environmental award at a ceremony on August 16. Mayor Tucker said last week he attended the graduation ceremony at Mira Costa High School, passed out diplomas to the 25 graduates of Leadership Hermosa's Class of 2015, and attended the luncheon held to thank the City's Disaster Service Workers and CERT team members, noting the need for more volunteers, and adding that he looked forward to attending the annual employee recognition dinner on June 25. PROCLAMATIONS / PRESENTATIONS a) REPORT 15-0532 APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION - JUNE 2015 (City Clerk Elaine Doerfling) Attachments: Comm.List.1 Committeelnformation State Codes re CC appts City Clerk Doerfling presented the report. Outgoing Mayor Tucker spoke of Council accomplishments during his tenure as mayor, including the defeat of the oil measure; and thanked his wife Sienna for her support, Hermosa residents for their engagement, fellow Councilmembers and City Commissioners for their hard work, and City staff, especially City Manager's Secretary Ann Yang, for their assistance. Councilmember Fangary thanked outgoing Mayor Tucker for serving as mayor, praising him for his local involvement and his effective management of the Council, especially during the election in March. Hermosa Beach Page 6 Printed on 12/1/2015 • • • City Council Meeting Minutes June 23, 2015 Councilmember DiVirgilio praised outgoing Mayor Tucker's leadership and productivity, and said he also admires him for his efforts to make Council meetings a bit light-hearted at times. Councilmember Petty praised outgoing Mayor Tucker for steering the Council during a very difficult time and acknowledged him for his sincerity. Mayor pro tem Barragan praised outgoing Mayor Tucker for his tenure on the City Council, acknowledged his leadership during a tough time, and thanked him for reaching out to her when she was newly -elected. Noting the increased time commitments as a congressional candidate, she requested shortening the length of her term as mayor to end July 31, 2015, saying she would also resign as a Councilmember on that date. Mayor Tucker opened the nominations for Mayor. Councilmember Fangary nominated Mayor pro tem Barragan to serve as Mayor for a shortened term ending July 31, 2015. There being no further nominations, Mayor Tucker closed the nominations and declared Nanette Barragan elected mayor by acclamation. Mayor Barragan then opened the nominations for Mayor pro tem. Councilmember Tucker nominated Councilmember Petty as Mayor pro tem during the Mayor's tenure. There being no further nominations, Mayor Barragan closed the nominations and declared Carolyn Petty elected mayor pro tem by acclamation. Mayor Barragan presented a plaque of appreciation to outgoing Mayor Tucker as a symbol of gratitude for his leadership. Mayor Barragan thanked her fellow Councilmembers for allowing her to serve a shortened term; acknowledged and thanked family and friends for their support; and spoke of the upcoming Special Olympics Host Town events and 4th of July weekend. Councilmember Tucker congratulated Mayor Barragan, offering his support in her congressional bid. Councilmember DiVirgilio said he respected Mayor Barragan's decision to step down while pursuing a congressional seat, calling it an admirable endeavor, and concurring that the time demands will be huge. Councilmember Fangary thanked Mayor Barragan for her hard work for Hermosa; congratulated her on the Sierra Club award; and wished her the best of luck with her campaign efforts. Hermosa Beach Page 7 Printed on 1211/2015 • s City Council Meeting Minutes June 23, 2015 Mayor pro tem Petty expressed appreciation to Mayor Barragan for her sincerity and commitment to Hermosa by not trying to divide her efforts between the City and her congressional campaign. Action: To approve the appointment of Mayor Barragan to the Los Angeles County City Selection Committee and as delegate to the South Bay Cities Sanitation District Board of Supervisors, with Mayor Pro Tem Petty serving as alternative director, as recommended by the City Clerk. Motion Fangary, second Petty. The motion carried by a unanimous vote. Further Action: To continue the remaining committee assignments to July. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. The meeting recessed at 7:55 p.m. The meeting reconvened at 8:10 p.m. 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Carol Kwan, West Basin Municipal Water District President Mark Warshaw Tim Rosenberger Andre Klaser, Granny's Grocery & Deli Owner Judy Garland Christina Ashley, Ashley's Deli & Market Owner Chris Prenter Bob Hoffman Jim Lissner Jeff Duclos Betsy Ryan Craig Cadwallader, Surfrider Foundation South Bay Chapter Roger Bacon, Ralphs Shopping Center Owner Sandy Saemann Cassandra Bates Peter Ellis Bob Atkins Lauren Pizer Mains Eric Lawrence Ciri EIIis Barry Turner Andrea Valcourt 2. CONSENT CALENDAR: Hermosa Beach Page 8 Printed on 12!1/2015 • • City Council Meeting Minutes June 23, 2015 a) REPORT 15-0535 b) REPORT 15-0515 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) DiVirgilio; 2(j) Fangary. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. MEMORANDUM REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Action: To receive and file the memorandum. CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 06-04-15 06-11-15 c) REPORT 15-0528 Action: To ratify the check registers. TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.doc d) REPORT 15-0520 Attachments: REPORT 15-0513 Attachments: Action: To receive and file the Tentative Future Agenda Items. REVENUE AND EXPENDITURE REPORTS FOR MAY 2015 (Finance Director Viki Copeland) May 2015 Revenue Report May 2015 Expenditure Report Action: To receive and file the May 2015 Financial Reports. CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) May'15 Treasurer Report.pdf May' 15 Cash Balances Report.pdf Action: To receive and file the City Treasurer's Report and Cash Balance Report. Hermosa Beach Page 9 Printed on 12./1/2015 City Council Meeting Minutes June 23, 2015 • fl • REPORT 15-0524 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF JUNE 16, 2015 Attachments: PI. Comm. Action Sheet 6-16-15.doc g) REPORT 15-0526 h) This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. Councilmember DiVirgilio requested that the City Council take jurisdiction and conduct a review and reconsideration of item 5a, (regarding revocation a Conditional Use Permit to allow on -sale general alcohol and live entertainment, in conjunction with an existing restaurant ['the Establishment] at 1332 Hermosa Avenue), which was supported by Councilmember Petty. Action: To receive and file the action sheet of the Planning Commission meeting of June 16, 2015. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 26, 2015 Attachments: May 26, 2015 Joint City Council and Parks and Recreation Commission Study Session Mintues.docx REPORT 15-0509 Attachments: i) REPORT 15-0508 Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 12, 2015. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 20, 2015. action minutes 5-20-15 Action: To receive and file the action minutes of the Public Works Commission meeting of May 20, 2015. PROJECT STATUS REPORT AS OF MAY 31, 2015 (Public Works Director Andrew Brozyna) Hermosa Beach Page 10 Printed on 12/1/2015 • City Council Meeting Minutes June 23, 2015 Attachments: CIP Project Summary May 2015 j) REPORT 15-0521 k) Action: To receive and file the Project Status Report. AWARD OF CONSTRUCTION CONTRACT TO PALP, INC. DBA EXCEL PAVING COMPANY TO CONSTRUCT CIP NO. 14-128 AND 15-129 STREET IMPROVEMENTS - VARIOUS LOCATIONS (Public Works Director Andrew Brozyna) Attachments: Street Improvements List- CIP 14-128.pdf Final Excel Paving Construction Adreement.pdf Final CIP 14-128 Street Improv Various Locations 6-23-2015 Reso.doc REPORT 15-0512 This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly presented the report and responded to questions. Action: To approve the staff recommendation to: 1) Award the Construction Contract for CIP Project No. 14-128 and 15-129 Street Improvements - Various Locations to Palp, Inc., DBA Excel Paving Company for the bid amount of $878,772.05; 2) Authorize a project budget of $1,107,253 to include geotechnical / materials testing, public works inspection, and a 15% construction contingency; 3) Authorize the Mayor to execute the Contract and the City Clerk to attest subject to approval by the City Attorney; 4) Adopt Resolution No. 15-6977, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP NO. 14-128 and 15-129 STREET IMPROVEMENTS - VARIOUS LOCATIONS PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 5) Authorize the Director of Public Works to make changes to the contract within the City's Street Improvement Program budget; and 6) Authorize the Director of Public Works to file a Notice of Completion following final completion and acceptance of the project. Motion Fangary, second DiVirgilio. The motion carried 4-0, noting the absence of Barragan. APPROVAL OF RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) GOVERNING BOARD (Interim Human Resources Manager Robert A. Blackwood) Attachments: Resolution to Appoint Board Reps to ICRMA KB Vers2 122663v1 Action: To adopt Resolution No. 15-6968, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, APPOINTING A REPRESENTATIVE AND ALTERNATE Hermosa Beach Page 11 Printed on 12/1/2015 • • City Council Meeting Minutes June 23, 2015 I) AND SUBSTITUTE ALTERNATE REPRESENTATIVES TO THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)." REPORT RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR 15-0536 ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015 (City Clerk Elaine Doerfling) Attachments: CAND-REG R.15 - REPORT 15-0539 Action: To adopt Resolution No. 15-6969, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO BE SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015." PURCHASE NEW AMBULANCE (Fire Chief David Lantzer) Attachments: Purchase Agreement EVG and CHB-2015.pdf Action: To approve the staff recommendation to: 1. Approve the purchase of a new ambulance in the amount of $165,000 from Emergency Vehicle Group, Inc. of Anaheim, California, made in reliance on a bid solicitation by the Eloy Fire Protection District (Arizona); 2. Appropriate an additional $35,000 to the 2015-16 Budget from the Equipment Replacement Fund for this purchase; and 3. Authorize the City Manager to sign the Purchase Agreement with Emergency Vehicle Group, Inc. before July 1, 2015, for the purchase and delivery of the ambulance. At 9:08 p.m., the order of the agenda moved to Public Hearing Items 5(a), (b) and (c). 3. CONSENT ORDINANCES a) REPORT 15-0530 ORDINANCE NO.15-1353 ENTITLED "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING ORDINANCE NO. 93-1097, TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDING AND TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." (City Clerk Elaine Doerfling) Attachments: 15-1353 CM Bidding -Purchasing Hermosa Beach Page 12 Printed on 121/2015 • • City Council Meeting Minutes . June 23, 2015 b) Action: To waive full reading and adopt by title Ordinance No. 15-1353, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING ORDINANCE NO. 93-1097, TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDING AND TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion DiVirgilio, second Tucker. The motion carried by a 3-1 vote, noting the dissenting vote of Fangary, and the absence of Barragan. REPORT ORDINANCE NO. 15-1354 ENTITLED "AN ORDINANCE OF THE CITY OF 15-0531 HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ERECTION OF EXTENDED TEMPORARY SIGNS BY AUTOMOBILE DEALERS FOR A TWO-YEAR PERIOD AND SUPERCEDING ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREWITH." (City Clerk Elaine Doerfling) Attachments: 15-1354 Two.yr.extend-temp auto dealer signs Action: To waive full reading and adopt Ordinance No. 15-1354, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE ERECTION _OF EXTENDED TEMPORARY SIGNS BY AUTOMOBILE DEALERS FOR A TWO-YEAR PERIOD AND SUPERSEDING ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREWITH." Motion Petty, second DiVirgilio. The motion carried 3-1, noting the dissenting vote of Fangary. (Barragan absent) Further Action: To direct staff to develop, for Council consideration within the two-year period, a comprehensive sign ordinance addressing sign design/policies that apply to all business (not just auto dealers) and complement the Aviation/PCH renovation. Motion DiVirgilio, second Tucker. The motion carried 4-0, noting the absence of Barragan. At 12:15 a.m. by consensus the City Council continued items 6(c), (e) and (f), items 7(a) and (b), and item 8(a) to the next meeting and the order of the agenda moved to item 8(b). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and 2(j) were heard at this time but are shown in order for clarity. Item 2(f) was heard at 10:27 p.m. after which the agenda moved to items 6(a) and (b) at 10:29 p.m. Item 2(j) was heard at 11:59 p.m. after which the agenda moved to items 3(a) and (b) at 12:07 a.m. Public comments on items removed from the Consent Calendar are shown under the appropriate item. Hermosa Beach Page 13 Printed on 12/1/2015 • City Council Meeting Minutes June 23, 2015 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT 15-0519 PUBLIC HEARING TO REVIEW DELINQUENT SOLID WASTE COLLECTION (REFUSE) CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON THE PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2015 (City Manager Tom Bakaly) Attachments: Resol5.doc EXHIBIT A - Tax Lien Accts-060915.pdf Public Notices.pdf Correspondence with Business Owners.pdf SUPPLEMENTAL UPDATED EXHIBITA- Tax Lien Accounts updated 6-23-15 (added 6-23-15 at 12pm).pdf City Manager Bakaly presented the staff report and responded to Council questions. The public hearing opened at 9:10 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:10 p.m. Action: To adopt Resolution No. 15-6970, 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 ARAKELIAN ENTERPRISES (ATHENS) TO THEIR EXISTING FUND NUMBER 168.87 (HERMOSA REFUSE -2) AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES." Motion Petty, second Tucker. The motion carried by a unanimous vote. Hermosa Beach Page 14 Printed on 12/1/2015 • • City Council Meeting Minutes June 23, 2015 REPORT 15-0517 PUBLIC HEARING - HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT FISCAL YEAR 2015-2016 (Public Works Director Andrew Brozyna) Attachments: Engineer's Report Landscaping and Lighting District FY 15-16.doc Resolution confirming diagram and levy assessment for landscaping st lighting fv 2015-16.doc c) REPORT 15-0525 Public Works Director Brozyna presented the staff report and responded to Council questions. The public hearing opened at 9:13 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:13 p.m. Action: To adopt Resolution No. 15-6971, 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, 2015 AND ENDING JUNE 30, 2016 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2015-2016." Motion Petty, second Tucker. The motion carried by a unanimous vote. MAJORITY PROTEST HEARING AND CONSIDERATION OF AN ANNUAL SEWER SERVICE CHARGE AND AUTHORIZATION OF THE CHARGE FOR FISCAL YEAR 2015-2016 TO FUND MAINTENANCE, OPERATION, SERVICING AND IMPROVEMENTS TO THE SEWER COLLECTION SYSTEM; AND AN ORDINANCE ADDING A NEW CHAPTER 13.12 TO THE MUNICIPAL CODE REGARDING SEWER SERVICE CHARGE (Public Works Director Andrew Brozyna) Hermosa Beach Page 15 Printed on 1211/2015 City Council Meeting Minutes June 23, 2015 Attachments: HB Sewer 218 Notice 2015 - FINAL(1) attach 1 Sewer Service Charge Public Presentation Questions and Answers for Staff Report Final Attach 2 RESO approving sewer service charge 6-23-15 Attach 3 PENCO Hermosa Beach Sewer Services Charges Report 6-8-15 for Reso 6-23 Sewer Service Charge Ordinance 6-23-15 Attach 4 Objection to Proposed Sewer Charge - Roberta Moore 5-14-15.pdf SUPPLEMENTAL Letter from Ron Felsinq (added 6-22-15 at 6pm).pdf SUPPLEMENTAL Letter from Sam Perrotti (added 6-22-15 at 6pm).pdf SUPPLEMENTAL Letter from Roger Bacon (added 6-23-15 at 4pm).pdf SUPPLEMENTAL Letter from H. Longacre (added 6-23-15 at 4pm).pdf Public Works Director Brozyna presented the staff report. He and City Attorney Jenkins responded to Council questions. The City's sewer consultant, Jeff Cooper, PENCO Engineering Vice President, came forward to respond to Council questions. The public hearing opened at 9:20 p.m. Coming forward to address the Council on this item were: Tom Lewis Eric Lawrence Bob Atkins Greg Kelly Bob Hoffman Marian Hoffman Mariano Alvarez Bob Rasmussen Barry Turner John Chen Traudl Weber Judy Garland Jim Sullivan Jim Lissner George Barks Jeff Duclos Ann Sullivan Eloise Butler The public hearing closed at 10:01 p.m. Action: To close the protest hearing. Motion Tucker, second DiVirgilio. The motion carried 4-1, noting the dissenting vote of Barragan. Hermosa Beach Page 16 Printed on 12/1/2015 • • City Council Meeting Minutes June 23, 2015 Additional Action: 1) To adopt Resolution No. 15-6972, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ANNUAL SEWER SERVICE CHARGE AND AUTHORIZING THE CHARGE FOR FISCAL YEAR 2015-2016 TO FUND MAINTENANCE, OPERATION, SERVICING AND IMPROVEMENTS TO THE CITY'S SEWER COLLECTION SYSTEM"; and 2) To waive full reading and introduce Ordinance No. 15-1355, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING A NEW CHAPTER 13.12 TO THE HERMOSA BEACH MUNICIPAL CODE REGARDING SEWER SERVICE CHARGE." Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. Additional Action: To direct staff to return with a discussion regarding appointing a sewer tax oversight committee and rebate programs for seniors. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. It was Council consensus to extend the meeting until 11:30 p.m. At 10:21 p.m., the agenda moved to Municipal Matter item 6(d). 6. MUNICIPAL MATTERS a) REPORT MUNICIPAL CARBON NEUTRALITY IMPLEMENTATION UPDATE 15-0541 (Environmental Analyst Kristy Morris) Attachments: Attachment 1- Brendle Group Memo.pdf Attachment 2-Scenarios.odf Environmental Analyst Morris gave a PowerPoint presentation(with assistance from Judy Dorsey, Brendle Group President/P.E. and Shelby Sommer, Brendle Group Planner II) and responded to Council questions. Hermosa Beach Page 17 Printed on 12/1/2015 City Council Meeting Minutes June 23, 2015 • REPORT 15-0503 (Mayor Barragan left the meeting at 11:30 p.m. Coming forward to address the Council on this item were: Bob Atkins Traudl Weber Dency Nelson Action: To receive and file the update. Motion DiVirgilio, second Fangary. The motion carried 4-0, noting the absence of Barragan. REVIEW ENHANCED WATERSHED MANAGEMENT PROGRAM (EWMP) AND AUTHORIZE THE SUBMISSION OF THE DRAFT EWMP TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD AND ADOPT LOS ANGELES COUNTY PROGRAM ENVIRONMENTAL IMPACT REPORT AND CORRESPONDING DOCUMENTATION. (Environmental Analyst Kristy Morris) Hermosa Beach Page 18 Printed on 1211/2015 s • • City Council Meeting Minutes June 23, 2015 Attachments: Figure 1 - Beach Cities Jurisdiction Areas (Watersheds).pdf Attachment 1 Beach Cities EWMP Draft ExSumm.pdf Table 1. Total BMP Costs.pdf Table 2. Est BMP Costs.pdf Table 3. Proportional BMP Cost Distribution.pdf Table 4. Implementation Schedule.pdf Table 5. Prosect Implementation Timeline.pdf Beach Cities EWMP Draft Full Report.pdf EWMP Resolution.docx EWMP Findings clean.pdf SOC.pdf MMRP.pdf Environmental Analyst Morris presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jeff Duclos Action: 1) To adopt Resolution No. 15-6976, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND AUTHORIZING SUBMITTAL OF THE BEACH CITIES ENHANCED WATERSHED MANAGEMENT PROGRAM (EWMP) TO THE REGIONAL WATER QUALITY CONTROL BOARD AND ADOPTING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT'S PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) FOR EWMP AND THE CORRESPONDING FINDINGS, MITIGATION MONITORING AND REPORTING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS"; and 2) To adopt the Program Environmental Impact Report (PEIR) for EWMPs, the Findings of Fact, the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations. Motion DiVirgilio, second Tucker. The motion carried 4-0. (Barragan absent) At 11:59 p.m., the order of the agenda moved to item 4 (items removed from the consent calendar) to consider item 2(j). Page 19 Printed on 1211/2015 City Council Meeting Minutes June 23, 2015 • c) REPORT 15-0504 • DISCUSSION OF PROHIBITING SINGLE -USE CARRY -OUT BAGS (Continued from meeting of June 23, 2015) (Environmental Analyst Kristy Morris) Attachments: Senate Bill 270.pdf Single Use Bag Ordinances in CA 12-31-14.pdf CGA Support Letter.pdf Surfrider Support Letter.pdf Hermosa Cyclery Letter.pdf Sapphos Quote.pdf Executive Summary for LA County Bag Ban.pdf SUPPLEMENTAL Heal the Bay Letter (added 7-13-15 at 2pm).pdf d) REPORT 15-0537 This item was continued. CALLING, REQUESTING CONSOLIDATION, AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR HOLDING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015 (City Clerk Elaine Doerfling) Attachments: Resolution Calling Election Resolution Requesting Consolidation Resolution Providing for Runoff Election Preliminary Election Calendar City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this item. Action: To adopt the following three Resolutions: 1) Resolution No. 15-6973, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; 2) Resolution No. 15-6974, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, WITH Hermosa Beach Page 20 Printed on 12/1/2015 • • City Council Meeting Minutes June 23, 2015 REPORT 15-0516 THE UDEL AND/OR SCHOOL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA"; and 3) Resolution No. 15-6975, entitled "A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2015." Motion Fangary, second Tucker. The motion carried by a unanimous vote. At 10:27 p.m., the order of the agenda moved to item 4 (items removed from the consent calendar) to consider item 2(0. RECOMMENDATION TO APPROVE THE 2015 SPECIAL EVENTS CALENDAR FROM AUGUST THROUGH DECEMBER (Continued from meeting of June 23, 2015) (Senior Recreation Supervisor Kelly Orta) Attachments: 2015 Calendar of Events One -Page Event Information 2015 Event Information Matrix HBMC Section 12.28 Special Event Permits REPORT 15-0534 This item was continued. AMENDMENTS TO CITY COUNCIL PROTOCOLS AND PROCEDURES REGARDING AGENDA DESCRIPTIONS AND LOCATION OF COUNCIL MEETINGS (Continued from meeting of June 23, 2015) (City Attorney Mike Jenkins) Attachments: Redline of Resolution No. 08-6607 Redline of Resolution No. 12-6787 SUPPLEMENTAL letter from Chris Prenter submitted by Councilman Fangary (added 7-28-15 at 1 pm).pdf This item was continued. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT • 15-0518 UPDATE ON FORCE OPTIONS SIMULATOR/FIRING RANGE (Continued from meeting of June 23, 2015) (Police Chief Sharon Papa) Hermosa Beach Page 21 Printed on 12/1/2015 • City Council Meeting Minutes June 23, 2015 Attachments: Council Agenda 022415.pdf Additional Appropriations Report 022415.pdf Midyear Budget Recommendations 5 0 vote 022415.pdf b) REPORT 15-0542 This item was continued. UPDATE ON BICYCLE PARKING (Continued from meeting of June 23, 2015) (Environmental Analyst Kristy Morris) Attachments: 2015 PW Bicycle Parking Report.pdf PW Commission 052015 KM.pdf This item was continued. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE 15-0529 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (Continued from meeting of June 23, 2015) (City Manager Tom Bakaly) Attachments: League of CA Cities Letter and Voting Procedures.pdf Voting Delegate and Alternate Form.pdf This item was continued. b) REPORT VACANCIES - BOARDS AND COMMISSIONS 15-0533 EXPIRATION OF TERMS SCHEDULE PLANNING COMMISSION INTERVIEWS (City Clerk Elaine Doerfling) Attachments: 2015 Planning Commission Apps SUPPLEMENTAL Letter from H. Longacre (added 6-22-15 at 6pm).pdf It was the consensus of the Council to schedule Planning Commission applicant interviews for 6:00 p.m., July 14, 2015. 9. OTHER MATTERS - CITY COUNCIL NONE • ADJOURNMENT Action: To adjourn the meeting at 12:17 a.m. to an Adjourned Regular meeting at 6 p.m. on Hermosa Beach Page 22 Printed on 12/1/2015 City Council Meeting Minutes . June 23, 2015 July 16, 2015 (a joint Council/Planning Commission Study Session), to be followed by a Special Council meeting at 8 p.m., with a Closed Session to take place afterward. Motion Tucker, second Fangary. The motion carried 4-0. (Barragan absent) • Deputy 't Dep y y Ierk Hermosa Beach Page 23 Printed on 12/1/2015 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, July 14, 2015 6:00 PM ADJOURNED REGULAR MEETING - 6:00 PM (Applicant Interviews for Planning Commission) REGULAR MEETING - 7:00 PM Council Chambers City Council Mayor Nanette Barragan Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Peter Tucker Michael DiVirgilio • City Council Meeting Minutes July 14, 2015 6:00 P.M. — ADJOURNED REGULAR MEETING AGENDA CALL TO ORDER ROLL CALL (LOCATION: FIRST FLOOR CONFERENCE ROOM) 6:00 p.m. Present: DiVirgilio, Fangary, Petty, Tucker, Mayor Barragan Absent: None PUBLIC COMMENT INTERVIEWS ADJOURNMENT No one came forward to address the Council at this time. INTERVIEW APPLICANTS FOR PLANNING COMMISSION 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 first floor conference room one at a time when called. As Applicant Ryan Nowicki could not attend the interviews, he sent a supplemental letter to the Council. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Peter Hoffman Rob Saemann The interviewed applicants were advised that the Council would make the appointment later at this evening's regular meeting. The meeting recessed at 6:55 p.m. Hermosa Beach Page 1 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:05 p.m. PLEDGE OF ALLEGIANCE Justin Massey ROLL CALL Present: DiVirgilio, Fangary, Petty, Tucker, Mayor Barragan Absent: None CLOSED SESSION REPORT None ANNOUNCEMENTS Councilmember Tucker presented to City Manager Bakaly a commendation from Los Angeles County Supervisor Don Knabe, which recognized Hermosa for being a host city to athletes from Belize and Belgium during the July 25 -August 2 World Games, and thanked the Host Town Committee for its efforts. He also praised City staff and past Councils for their fiscal responsibility, which resulted in the City receiving a recent AM- rating from Standard & Poor's. He then thanked City staff for a safe 4th of July weekend. Councilmember Fangary also thanked staff for a safe 4th of July weekend; acknowledged the FIFA Women's World Cup 2015 Champions from the United States, particularly Abby Wambach who lives in Hermosa; and urged everyone to support the Special Olympians in the World Games. Mayor pro tern Petty spoke of the City's annual employee appreciation dinner, noting that Police Lieutenant Tom Thompson received Employee of the Year honors; and thanked staff for a safe 4th of July weekend. Mayor Barragan thanked City staff and the community for a safe 4th of July weekend. PROCLAMATIONS / PRESENTATIONS a) RECOGNIZING HERMOSA BEACH GRADUATES OF THE NATIONALLY RECOGNIZED CERT TRAINING PROGRAM Hermosa Beach Page 2 Printed on 12/22/2015 • • City Council Meeting Minutes July 14, 2015 Emergency Manager Erin Concas introduced CERT volunteers and presented a plaque to Janice Brittain, who started a disaster preparedness program four years ago that ultimately became the City's CERT program. b) CHAMBER OF COMMERCE PRESENTS DONATION CHECK TO HOST TOWN HERMOSA BEACH Kimberlee MacMullan, Hermosa Chamber of Commerce & Visitors Bureau President/CEO, presented the check to Anna Taylor, Host Town Hermosa Beach Organizing Committee. Ms. Taylor thanked both the Chamber and the City for their support. c) UPDATE ON SPECIAL OLYMPICS HOST TOWN EVENTS JULY 21 - JULY 25 Mayor Barragan invited everyone to participate in Host Town Hermosa activities. City Manager Bakaly said the Olympic torch is scheduled to arrive at approximately 3:15 p.m., Tuesday, July 21 on Pier Plaza. Jody Leventhal, Host Town Hermosa Beach. Organizing Committee Chair, gave a brief update of City-wide events taking place during the World Games, adding that about $100,000 has been raised so far, and that more information may be found at www.hermosahosttown.org. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Sylvia Lauterbach Moira Nelson Justin Massey Mark Hopkins Jose Bacallao, Heal the Bay Jeff Duclos Betsy Ryan Sheryl Main Tracy Hopkins Jody Leventhal, Host Town Hermosa Chair Jim Lissner Chris Prenter Roger Bacon, Ralphs Shopping Center owner Sal Longo Hermosa Beach Page 3 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 Cassandra Bates It was Council consensus to re -open Public Comment at 9:05 p.m. to allow Manhattan Beach Councilmember Wayne Powell the opportunity to speak in support of the plastic bag ban (item 6a). Public Comment closed at 9:08 p.m. 2. CONSENT CALENDAR: • b) Action: To approve the consent calendar recommendations (a) through (h) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(h), Fangary. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. APPROVAL OF MINUTES (City Clerk Elaine Doerfling) Action: To approve the minutes of the Adjourned Regular meeting of June 18, 2014. CHECK REGISTERS (Finance Director Viki Copeland) Action: To ratify the check registers as presented: June 8, 2015; June 23, 2015; June 25, 2015; and July 2, 2015. c) TENTATIVE FUTURE AGENDA ITEMS Action: To receive and file the Tentative Future Agenda Items. d) CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks as recommended by the City Treasurer. e) ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 4, 2015 f) Action: To approve the action minutes of the Emergency Preparedness Advisory Commission meeting of May 4, 2015. ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 2, 2015 Hermosa Beach Page 4 Printed on 12/22/2015 • • • City Council Meeting Minutes July 14, 2015 g) h) Action: To approve the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 2, 2015. SUBJECT: FINAL MAP NO. 72604 (C.U.P. CON NO. 14-3, PDP NO. 14-3) LOCATION: 1111 17th Street APPLICANT(S): 1111 17th Street LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT residential CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Mayor pro tem Petty recused herself as she lives within 500 feet of the project location. Action: To adopt Resolution No. 15-6978, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72604, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1111 17th STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." SECOND AMENDMENT TO LEASE AGREEMENT WITH ROTARY CLUB (Continued from meeting of July 14, 2015) (City Manager Tom Bakaly) This item was pulled by Councilmember Fangary for separate discussion later in the meeting. This item was continued. 3. CONSENT ORDINANCES (ORDINANCE NO. 15-1355 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING A NEW CHAPTER 13.12 TO THE HERMOSA BEACH MUNICIPAL CODE REGARDING SEWER SERVICE CHARGE." (City Clerk Elaine Doerfling) Four supplemental letters from Howard Longacre; three received July 13, 2015 and one received July 14, 2015. Hermosa Beach Page 5 Printed on 12/22/2015 City Council Meeting Minutes July 14, 2015 Public Works Director Brozyna responded to Council questions. Jeff Cooper, PENCO Engineering P.E.Nice President, was invited forward to respond to Council questions. Coming forward to address the Council on this item were: Jeff Duclos Mariano Alvarez Action: To waive full reading and adopt Ordinance No. 15-1355, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING A NEW CHAPTER 13.12 TO THE HERMOSA BEACH MUNICIPAL CODE REGARDING SEWER SERVICE CHARGE." Motion Fangary, second Petty. The motion carried 4-1, noting the dissenting vote of Barragan. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND CONGESTION MANAGEMENT PROGRAM CONFORMANCE SELF -CERTIFICATION (Community Development Director Ken Robertson) Community Development Director Robertson 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 adopt Resolution No. 15-6979, 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 DiVirgilio, second Petty. The motion carried by a unanimous vote. • b) REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION Hermosa Beach Page 6 Printed on 12/22/2015 City Council Meeting Minutes July 14, 2015 APPROVAL OF A PARKING PLAN TO ALLOW THE FOLLOWING CHANGES TO THE GROUND FLOOR BUILDING AND USES AT 53-57 PIER AVENUE WITHOUT PROVIDING ADDITIONAL PARKING AND TO ALLOW THE PAYMENT OF FEES IN -LIEU OF PROVIDING PARKING: TO CLASSIFY A NEW FOOD ESTABLISHMENT AS A `SNACK SHOP' AND TO ADD OUTDOOR SEATING ON PIER PLAZA (CAFE BONAPARTE - FORMERLY FROYO LIFE); 2) TO RE-ESTABLISH OUTDOOR SEATING IN LORETO PLAZA IN CONJUNCTION WITH A NEW RESTAURANT (FORMERLY PARADISE SUSHI); 3) TO CONVERT GROUND FLOOR AREA TO STORAGE TO SERVE THE UPSTAIRS RESTAURANT; AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Supplemental memorandum from Community Development Director Robertson dated July 14, 2015. Community Development Director Robertson presented the staff report and responded to Council questions. Councilmember Fangary disclosed ex parte communications. The Public Hearing opened at 8:45 p.m. Coming forward to address the Council on this item were: Ron Newman, applicant Greg Newman The Public Hearing closed at 8:52 p.m. Action: To adopt Resolution No. 15-6980, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION DECISION, WITH MODIFICATIONS, TO APPROVE A PARKING PLAN TO ADDRESS PARKING REQUIREMENTS FOR SEVERAL CHANGES TO THE BUILDING AT 53-57 PIER AVENUE: TO CLASSIFY A NEW FOOD ESTABLISHMENT AS A `SNACK SHOP' (FOR THE RELOCATION OF CAFE BONAPARTE INTO THE FORMER FROYO YOGURT LOCATION) FOR THE PURPOSE OF CALCULATING PARKING REQUIREMENTS; TO ADD OUTDOOR SEATING FOR THE SAID USE ON PIER PLAZA; TO CONVERT APPROXIMATELY 250 SQUARE FEET TO STORAGE ON THE GROUND FLOOR TO BE CONNECTED TO THE RESTAURANT ON THE SECOND FLOOR (CURRENTLY FAT FACE FENNER'S FISHACK) AND EXCLUDE THIS FROM REQUIRED PARKING; AND TO RE-ESTABLISH OUTDOOR SEATING IN LORETO PLAZA IN CONJUNCTION WITH A FUTURE RESTAURANT USE (FORMERLY Hermosa Beach Page 7 Printed on 12/22/2015 • • City Council Meeting Minutes July 14, 2015 PARADISE SUSHI), LEGALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 4183-002-021." Motion DiVirgilio, second Tucker. The motion carried 3-2, noting the dissenting votes of Barragan and Fangary. RECESS TO MEETING OF PARKING AUTHORITY The meeting recessed at 9:45 p.m. The meeting reconvened at 9:55 p.m. The meeting recessed to the Parking Authority meeting at 9:56 p.m. PARKING AUTHORITY AGENDA The meeting of the Parking Authority began at 9:57 p.m. Finance Director Copeland presented the staff report and responded to Council questions. Present: Board members DiVirgilio, Fangary, Petty, and Tucker, Chairperson Barragan Absent: None 1. CONSENT CALENDAR a) RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HERMOSA BEACH AUTHORIZING EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT (JPA) ESTABLISHING THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY (Finance Director Viki Copeland) Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To adopt PARKING AUTHORITY Resolution No. 2015-01, entitled "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY OF JOINT EXERCISE OF POWERS AGREEMENT Hermosa Beach Page 8 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 ESTABLISHING THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY." Motion Petty, second Tucker. The motion carried by a unanimous vote. ADJOURNMENT OF PARKING AUTHORITY The meeting of the Parking Authority adjourned at 10:09 p.m. RECONVENE REGULAR CITY COUNCIL MEETING The Regular meeting reconvened at 10:10 p.m. 6. MUNICIPAL MATTERS a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT (JPA) ESTABLISHING THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY (Finance Director Viki Copeland) Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 15-6981, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY OF JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY." Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS BY THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY TO FINANCE PAYMENTS DUE UNDER A SETTLEMENT AGREEMENT, AND APPROVING RELATED DOCUMENTS AND ACTIONS (Finance Director Viki Copeland) Two supplemental letters from Standard & Poor's Ratings Services received July 14, 2015. Finance Director Copeland presented the staff report and responded to Council questions. Mark Northcross, NHAAdvisors Principal, and Chick Adams, Jones Hall Hermosa Beach Page 9 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 Shareholder, were called forward to respond to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 15-6982, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS BY THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY TO FINANCE PAYMENTS DUE UNDER A SETTLEMENT AGREEMENT, AND APPROVING RELATED DOCUMENTS AND ACTIONS." Motion Petty, second DiVirgilio. The motion carried by a unanimous vote. RECESS TO MEETING OF PUBLIC FINANCE AUTHORITY The Regular meeting recessed at 10:28 p.m. PUBLIC FINANCE AUTHORITY AGENDA The Regular meeting reconvened to the Public Finance Authority meeting at 10:29 p.m. Present: Board members DiVirgilio, Fangary, Petty, and Tucker, Chairperson Barragan Absent: None 1. CONSENT CALENDAR a) RESOLUTION OF THE BOARD OF DIRECTORS OF THE HERMOSA BEACH PUBLIC FINANCING AUTHORITY APPROVING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS TO FINANCE OBLIGATIONS OF THE CITY OF HERMOSA BEACH DUE UNDER A SETTLEMENT AGREEMENT, AND APPROVING RELATED DOCUMENTS AND ACTIONS (Finance Director Viki Copeland) Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Hermosa Beach Page 10 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 Action: To adopt PUBLIC FINANCING AUTHORITY Resolution No. 2015-01, entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HERMOSA BEACH, CALIFORNIA, PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS TO FINANCE THE OBLIGATIONS OF THE CITY OF HERMOSA BEACH UNDER A SETTLEMENT AGREEMENT, AND APPROVING RELATED DOCUMENTS AND ACTIONS." Action Petty, second Tucker. The motion carried by a unanimous vote. ADJOURNMENT OF PUBLIC FINANCE AUTHORITY The Public Finance Authority meeting adjourned at 10:31 p.m. RECONVENE REGULAR CITY COUNCIL MEETING The Regular meeting of the City Council reconvened at 10:32 p.m. 6. MUNICIPAL MATTERS c) d) DISCUSSION OF PROHIBITING SINGLE -USE CARRY -OUT BAGS (Continued from meeting of June 23, 2015) (Environmental Analyst Kristy Morris) Supplemental letter from Sarah Sikich received July 8, 2015. Action: To extend tonight's meeting to 11:30 p.m. Motion Fangary, second Petty. The motion carried by a unanimous vote. Environmental Analyst Kristy Morris presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item were: Steve Collins, Hermosa Cyclery part owner Dency Nelson Craig Cadwallader, Surfrider Foundation South Bay Chapter RECOMMENDATION TO APPROVE THE 2015 SPECIAL EVENTS CALENDAR FROM AUGUST THROUGH DECEMBER (Continued from meeting of June 23, 2015) (Senior Recreation Supervisor Kelly Orta) City Manager Bakaly presented the staff report and responded to Council questions. Hermosa Beach Page 11 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 e) fl No one came forward to address the Council on this item. Action: To approve the 2015 Special Events Calendar from August through December. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. It was Council consensus to continue items 2h, 6e, 7b and 8a to the July 16, 2015 Adjourned Regular meeting. AMENDMENTS TO CITY COUNCIL PROTOCOLS AND PROCEDURES REGARDING AGENDA DESCRIPTIONS AND LOCATION OF COUNCIL MEETINGS (Continued from meeting of June 23, 2015) (City Attorney Mike Jenkins) This item was continued. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO INCREASE THE CITY'S TRANSIENT OCCUPANCY TAX (HOTEL BED TAX) FROM 10% TO 12%; AND ADOPTION OF A RESOLUTION TO PLACE THE PROPOSED ORDINANCE ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015, AND RESOLUTIONS RELATED TO PRIMARY AND REBUTTAL ARGUMENTS (City Clerk Elaine Doerfling) Supplemental from City Clerk Doerfling received July 14, 2015. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this item. Action: To adopt three Resolutions to: 1) Place the measure (submitted by initiative petition) on the ballot of the General Municipal Election of November 3, 2015 (Resolution No. 15-6983), entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE, SUBMITTED BY PETITION AND REGARDING AN INCREASE OF THE TRANSIENT OCCUPANCY TAX (HOTEL BED TAX) FROM 10% TO 12%, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY‘ NOVEMBER 3, 2015, AS CALLED BY CITY COUNCIL RESOLUTION NO. Hermosa Beach Page 12 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 15-6973"); 2) Direct the City Attorney to prepare an impartial analysis (Resolution No. 15-6984), entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A MEASURE TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2015, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS"); and 3) Provide for the filing of rebuttal arguments (Resolution No. 15-6985), entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015." Motion Fangary, second Tucker. The motion carried by a unanimous vote. Further Action: To direct staff to return with a Resolution showing Council support for the T.O.T. increase initiative at the next Council meeting. Motion Fangary, second Barragan. The motion carried 3-2, noting the dissenting votes of DiVirgilio and Petty. • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) b) UPDATE ON FORCE OPTIONS SIMULATOR/FIRING RANGE (Continued from meeting of June 23, 2015) (Police Chief Sharon Papa) Chief Papa presented the staff report and responded to Council questions. Sergeant Robert Higgins also responded to Council questions. Action: To receive and file the update. Motion Petty, second Tucker. The motion carried by a unanimous vote. UPDATE ON BICYCLE PARKING (Continued from meeting of June 23, 2015) (Environmental Analyst Kristy Morris) Community Development Director Robertson presented the staff report and responded to Council questions. Public Works Commissioner Rob Saemann gave a PowerPoint presentation Hermosa Beach Page 13 Printed on 12/22/2015 • City Council Meeting Minutes July 14, 2015 and responded to Council questions. City Manager Bakaly also responded to Council questions. Action: To receive and file the update. Motion Petty, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (Continued from meeting of June 23, 2015) (City Manager Tom Bakaly) This item was continued. VACANCIES - BOARDS AND COMMISSIONS PLANNING COMMISSION APPOINTMENTS FOR TWO FOUR-YEAR TERMS ENDING JUNE 30, 2019 (City Clerk Elaine Doerfling) Hoffman and Saemann were appointed by the Council to the Planning Commission. 9. OTHER MATTERS - CITY COUNCIL NONE ADJOURNMENT The Regular meeting of Tuesday, July 14, 2015 adjourned at 12:33 a.m., Wednesday, July 15, 2015, to an Adjourned Regular meeting at 6 p.m. on July 16, 2015 (a joint City Council/Planning Commission Study Session), to be followed by a Special Council meeting and Adjourned Regular meeting (for the purpose of hearing remaining items from the Regular meeting of July 15) at 8 p.m., which will be followed by a Closed Session. Deputy City Clerk Hermosa Beach Page 14 Printed on 12/22/2015 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, July 28, 2015 6:30 PM SPECIAL MEETING (Presentations) - 6:30 PM REGULAR MEETING - 7:00 PM Council Chambers City Council Mayor Nanette Barragan Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker • City Council Meeting Minutes July 28, 2015 NOTICE OF SPECIAL MEETING AND AGENDA PLEASE TAKE NOTICE that the Mayor of the Tuesdaltyof JuIHy 28, 201 Beach to consider lled a nd takeeaction oncial lng only thosof the eityy Council to take place at 6:30 p. on m matters as set forth on the agenda below. 6:30 P.M. — SPECIAL MEETING AGENDA CALL TO ORDER 6:30 p.m. PLEDGE OF ALLEGIANCE Chris Prenter ROLL CALL PRESENTATIONS • a) Present: DiVirgilio, Fangary, Petty, Tucker, Mayor Barragan Absent: None KEEP HERMOSA HERMOSA PRESENTING DONATION TO HISTORICAL SOCIETY Stacey Armato of Keep Hermosa Hermosa presented the donation to the Hermosa Beach Historical Society, accepted by members Ricardo Reznichek and Rick Learned. Mayor Barragan presented hetvisiting Wo Id Games each thletesHistorical Society a surfboard signed y RECOGNIZING SPECIAL OLYMPICS HOST TOWN VOLUNTEERS Jody Leventhal, Hermosa Host Town Chair, and the other twelve members of the local organizing committee, were presented with mini surfboards and City pins. Ms. Leventhal thanked the City and the volunteers for their efforts. Mayor Barragan presented a bouquet of flowers to Ms. Leventhal. Laura Leventhal, Host Town Program Coordinator, thanked the Council and City Manager Bakaly for Ben Alleheir n ort wh ch was accepted byand presented a CMayorion Barragan. to the City from State Senator Hermosa Beach Page 1 Printed on 1/4/2016 • • City Council Meeting Minutes July 28, 2015 c) RECOGNIZING COMMISSIONERS FOR THEIR SERVICE: SAM PERROTTI, PLANNING COMMISSION KENNETH HARTLEY, EMERGENCY PREPAREDNESS ADVISORY COMMISSION TRACY HOPKINS, EMERGENCY PREPAREDNESS ADVISORY COMMISSION LAURA RAYMOND, PARKS AND RECREATION COMMISSION Each former Commissioner (Kenneth Hartley was not in attendance) was presented with a plaque honoring his or her service. Tracy Hopkins said she was grateful to have been a founding member of EPAC, and announced an Emergency Preparedness Fair on October 24 in Torrance. Sam Perrotti spoke of his 20 years of service to the City, and thanked his fellow Commissioners, City staff, City Clerk Doerfling, and the Council. Laura Raymond said she felt lucky to have served in Hermosa, adding that compromise is key and listening to stakeholders is important. ADJOURNMENT OF SPECIAL MEETING — 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:02 p.m. PLEDGE OF ALLEGIANCE Lauren Pizer Mains ROLL CALL Present: DiVirgilio, Fangary, Petty, Tucker, Mayor Barragan Absent: None CLOSED SESSION REPORT None ANNOUNCEMENTS Councilmember Tucker thanked the community for its tremendous support for the visiting World Games athletes; and invited everyone to attend the International Surf Festival the coming weekend and a Navy Days celebration on August 8. Hermosa Beach Page 2 Printed on 1/4/2016 s City Council Meeting Minutes July 28, 2015 Councilmember DiVirgilio asked that tonight's meeting be adjourned in memory of Dr. Robert Grossman. Councilmember Fangary (1) expressed pride in the community for the great welcome extended to the visiting World Games athletes; (2) thanked Host Town Hermosa Chair Jody Leventhal, City staff, the Kiwanis and Rotary Clubs, the Chamber of Commerce, all volunteers and City businesses that fundraised; and (3) announced the Summer Beach Concert Series, with performances every Sunday in August. Mayor pro tem Petty (1) echoed Councilmember Fangary's sentiments regarding the outpouring of support for the visiting World Games athletes; and (2) said the STAR program, beginning in the fall, will give so much to the children of Hermosa Beach, and thanked City Staff and City School District Superintendent Patricia Escalante for making it a reality. Mayor Barragan said the week of the World Games was wonderful and thanked all Hermosans for their contributions to Host Town Hermosa. PROCLAMATIONS / PRESENTATIONS — None • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: • Coming forward to address the Council at this time were: Trent Larson Sheryl Main Jose Bacallao Sylvia Lauterbach Chris Prenter Allan Mason Barbara Ellman Jess Lurie Jeff Duclos Katrina Bacallao Krista Capo Cassandra Bates Name Indistinct Betsy Ryan George Barks Sandy Saemann Hermosa Beach Page 3 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 • a) LETTER FROM MATTHEW BAIRD DATED JUNE 24, 2015 REGARDING HERMOSA AVENUE CURB PARKING • b) No one came forward to address the Council on this item. Action: To receive and file the letter. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. LETTER FROM BETSY RYAN DATED JULY 13, 2015 REGARDING PLACING AN ITEM ON THE CITY AGENDA TO DIRECT CITY STAFF TO PRESENT TO THE CITY STEPS FOR TAKING ACTION AGAINST PLAINS ALL AMERICAN PIPELINE IN THE REFUGIO OIL SPILL AND FOR STAFF TO HAVE A DISCUSSION REGARDING TAKING THE LEAD IN PROMOTING OTHER CITIES IN THE SANTA MONICA BAY TO JOIN TOGETHER IN MITIGATION AGAINST PLAINS ALL AMERICAN PIPELINE TO CREATE A COASTAL/WETLAND NATURE PRESERVE. No one came forward to address the Council on this item. Action: To receive and file the letter. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 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: (a), (c), (g) and (j), Fangary; (i), Barragan. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. a) REPORT REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file the memorandum. Motion Fangary, second Tucker. The motion carried 4-0, noting the brief absence of Petty. b) CHECK REGISTERS (Finance Director Viki Copeland) Action: To ratify the check registers as presented. Hermosa Beach Page 4 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 • c) TENTATIVE FUTURE AGENDA ITEMS This item was pulled by Councilmember Fangary for separate discussion later in the meeting. d) e) City Manager Bakaly responded to Council questions. Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. REVENUE AND EXPENDITURE REPORTS FOR JUNE (Finance Director Viki Copeland) Action: To receive and file the June Financial Reports. CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) • Action: To receive and file the June, 2015 City Treasurer's Report and Cash Balance Report. g) CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks, as recommended by the City Treasurer. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF JULY 21, 2015 This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file the action sheet of the Planning Commission meeting of July 21, 2015. Motion Fangary, second Tucker. The motion carried by a unanimous vote. Hermosa Beach Page 5 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 h) i) 1) APPROVAL OF ESTIMATED REVENUE FOR PREVIOUSLY UNFUNDED STATE MANDATED COST REVENUE, APPROPRIATION OF FUNDS TO CIP 173, 8TH STREET IMPROVEMENTS (Finance Director Viki Copeland) Action: To approve (as recommended by staff): 1) Estimated revenue of $188,917 for 2014-15 fiscal year from repayment by the State of unfunded mandates prior to 2004; and 2) Appropriation of the $188,917 to CIP 137, 8th Street Safe Route to School Improvements for the 2015 16 fiscal year. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND STAR EDUCATION TO PROVIDE CHILDCARE SERVICES FOR KINDERGARTEN CHILDREN ATTENDING VIEW SCHOOL BEGINNING THE 2015/2016 SCHOOL YEAR (Senior Recreation Supervisor Kelly Orta) This item was pulled by Mayor Barragan for separate discussion later in the meeting. City Manager Bakaly and City Attorney Jenkins responded to City Council questions. Action: To approve the proposed Lease Agreement between the City of Hermosa Beach and STAR Education for childcare services for kindergarten children attending View School beginning the 2015/2016 school year, as recommended by staff. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. RESOLUTION OF CITY COUNCIL SUPPORT FOR A MEASURE TO INCREASE THE CITY'S TRANSIENT OCCUPANCY TAX (HOTEL BED TAX) FROM 10% TO 12% - ON THE BALLOT FOR THE NOVEMBER 3, 2015 GENERAL MUNICIPAL ELECTION (City Clerk Elaine Doerfling) This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Hermosa Beach Page 6 Printed on 1/4/2016 • • • City Council Meeting Minutes July 28, 2015 k) City Clerk Doerfling presented the report. City Attorney Jenkins responded to Council questions. Action: To adopt Resolution No. 15-6990, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE PROPOSED ORDINANCE, SUBMITTED BY INITIATIVE PETITION, TO INCREASE THE CITY'S TRANSIENT OCCUPANCY TAX (HOTEL BED TAX) FROM 10% TO 12% OF ROOM REVENUE, WHICH HAS QUALIFIED AND WILL APPEAR AS A BALLOT MEASURE AT THE HERMOSA BEACH GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015." Motion Fangary, second Tucker. The motion carried 3-2, noting the dissenting votes of DiVirgilio and Petty. PROJECT STATUS REPORT AS OF JUNE 30, 2015 (Public Works Director Andrew Brozyna) Action: To receive and file the Project Status Report as of June 30, 2015. [At 8:42 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(a), (c), (g), (i) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed this evening from the Consent Calendar are shown under the appropriate item. [At 9:05 p.m., the order of the agenda moved to Municipal Matters 6(a) and 6(b).] SECOND AMENDMENT TO LEASE AGREEMENT WITH ROTARY CLUB (Continued from meeting of July 14, 2015) (City Manager Tom Bakaly) This item had been removed from the consent calendar at the previous meeting by Councilmember Fangary for separate discussion. City Attorney Jenkins responded to Council questions. Proposed Action: To direct the City Attorney to modify the Lease Agreement by adding a provision that prohibits use of the building by any entity for political fundraising purposes if that entity aims to raise funds for a measure or project that is opposed by the City Council. Motion Fangary, second Mayor Barragan. The motion failed, due to the dissenting votes of DiVirgilio, Petty and Tucker. Page 7 Printed on 1/4/2016 Hermosa Beach City Council Meeting Minutes July 28, 2015 Action: To approve the Second Amendment to the Lease Agreement with the Hermosa Beach Rotary Club and direct the Mayor and City Clerk to execute on behalf of the City, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried 4-1, noting the dissenting vote of Fangary. [At 9:05 p.m., the order of the agenda moved to Municipal Matter item 6(a).] 5. PUBLIC HEARINGS a) REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO REVOKE A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE (THE ESTABLISHMENT) (Community Development Director Ken Robertson) Action: To continue the public hearing to the meeting of September 8, 2015, because of scheduling issues as well as recognition that this evening's agenda is full. Motion Petty, second Fangary. The motion carried by a unanimous vote. [At 8:49 p.m., the order of the agenda moved to item 4(a).] 6. MUNICIPAL MATTERS a) UPDATE REGARDING USER FEE STUDY AND CONSIDERATION OF POTENTIAL FEES FOR APPLICATIONS FOR DISABLED PARKING, VOLLEYBALL COURTS, AND DAMAGE TO CITY PROPERTY AND REMOVAL OF TREES (Continued from meeting of July 16, 2015) (Finance Director Viki Copeland) Finance Director Copeland presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to questions. No one came forward to address the Council on this item. Proposed Action: 1) To receive and file information about the update of user fees and the master fee resolution; 2) To consider setting fees for applications for disabled parking and volleyball courts; Hermosa Beach Page 8 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 • • b) • 3) To consider the noticing procedure for applications for volleyball courts with the separate agenda item on this agenda relating to overall City noticing procedures; and 4) To consider whether a permit fee should be charged for permits in Section 12.36 Trees and whether this section should be added to HBMC section 1.10.040, which enumerates the provisions for which a civil administrative cite may be issued. Motion Fangary, second Mayor Barragan. The motion was subsequently replaced by the following substitute motion. Substitute Action: 1) To receive and file information about the update of user fees and the master fee resolution; and 2) To direct staff to begin consideration of updating the user fee and master fee schedules, including but not limited to fees for disabled parking, volleyball courts, and tree removal permits. Motion DiVirgilio, second Petty. The motion carried 4-1, noting the dissenting vote of Fangary. Coming forward to address the Council at this time on item 8a was: David Lowe, on behalf of George Barks AMENDMENTS TO CITY COUNCIL PROTOCOLS AND PROCEDURES REGARDING AGENDA DESCRIPTIONS AND LOCATION OF COUNCIL MEETINGS (Continued from meeting of June 23, 2015) (City Attorney Mike Jenkins) City Attorney Jenkins presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Craig Cadwallader, Surfrider Foundation South Bay Chapter Cassandra Bates Proposed Action: To direct the City Attorney to revise the draft resolution establishing rules with a change to the deadline for submittal of written comments by the public (section 6.4) to 24 hours prior to a Council meeting. Motion Fangary, second Mayor Barragan. The motion failed, due to the dissenting votes of DiVirgilio, Patty and Tucker. Action: To adopt the following two Resolutions: 1) Resolution No. 15-6987, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE HERMOSA BEACH CITY COUNCIL"; and Hermosa Beach Page 9 Printed on 1/4/2016 • • • City Council Meeting Minutes July 28, 2015 c) d) 2) Resolution No. 15-6988, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS." Motion Fangary, second Mayor Barragan. The motion carried by a unanimous vote. [At 10:27 p.m., the order of the agenda moved to Municipal Matter item 6(d).] DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED (Community Development Director Ken Robertson) Supplemental letters from Chris Prenter and Jeff Miller received July 22, 2015 and July 28, 2015 respectively. Community Development Director Robertson presented the staff report. He and City Manager Bakaly responded to Council questions. Action: By Council consensus, staff was directed to provide more clarity and transparency with the notice procedures, and the matter was continued to the Thursday, September 24, 2015 meeting for a detailed discussion. [At 11:39 p.m., the order of the agenda moved to Municipal Matter item 6(e).] PROHIBITION ON SINGLE -USE CARRYOUT BAGS (Environmental Analyst Kristy Morris) Supplemental letter from Mark Murray received July 27, 2015. Environmental Analyst Morris presented the staff report and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item were: Laura Peralta, California Grocers Association, SoCaI Director Dency Nelson Jose Bacallao Craig Cadwallader, Surfrider Foundation South Bay Chapter Action: To waive full reading and introduce Ordinance No. 15-1356, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS." Motion Barragan, second Fangary. The motion carried 3-2, noting the dissenting votes of Petty and DiVirgilio. It was the consensus of the Council to continue on with the meeting until at least midnight. Hermosa Beach Page 10 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 e) [At 10:50 p.m., the order of the agenda moved to item 8(a).] RESOLUTION UPDATING THE CITY CLERK'S DUTIES AND COMPENSATION (City Clerk Elaine Doerfling) Supplemental memorandum from City Clerk Doerfling received July 28, 2015. City Clerk Doerfling presented the staff report (including a handout she gave to Council during the meeting) and responded to Council questions. City Manager Bakaly also responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 15-6989, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK, PROVIDING A JOB DESCRIPTION FOR SUCH COMPENSATION, AND RESCINDING RESOLUTION NO. 89-5332." Motion Tucker, second Fangary. Proposed Substitute Action: To make the City Clerk position full-time for a six-month period (effective after the November 3, 2015 election), and have the City Clerk report back at a future meeting with recommendations after comparing the department's workload/staffing levels against other cities and reevaluating the need for full-time status. Motion Petty, second DiVirgilio. The motion failed, due to the dissenting votes of Fangary, Tucker and Mayor Barragan. The main motion to adopt the resolution as presented carried by a 3-2 vote, noting the dissenting votes of Petty and Mayor Barragan. [At 11:57 p.m., the order of the agenda moved to item 8(b).] 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) APPOINTMENT OF HERMOSA BEACH REPRESENTATIVE TO THE AES TASK FORCE TO STUDY ZONING AND LAND USE ALTERNATIVES (City Clerk Elaine Doerfling) Supplemental memorandum (letters of interest and two emails from Redondo Councilmember Bill Brand) from City Clerk Doerfling received July 27, 2015; supplemental letter from George Schmeltzer received July 28, 2015; and supplemental application from Susan Darcy received July 28, 2015. Hermosa Beach Page 11 Printed on 1/4/2016 • • • City Council Meeting Minutes July 28, 2015 City Clerk Doerfling presented the staff report and responded to Council questions. Community Development Director Robertson also responded to Council questions. It was Council consensus to appoint Stacey Armato as the Hermosa Beach representative to the AES Task Force. [At 10:58 p.m., the order of the agenda moved to item 6(c).] b) VACANCIES - BOARDS AND COMMISSIONS - PUBLIC WORKS COMMISSION - UNEXPIRED TERM ENDING OCTOBER 31, 2018 (City Clerk Elaine Doerfling) City Clerk Doerfling presented the staff report and responded to Council questions. Action: It is recommended that the Council direct the City Clerk to advertise (consistent with standard practice) a Public Works Commission special vacancy, inviting applications from persons interested in appointment to an unexpired term ending October 31, 2018. Motion Tucker, second Barragan. The motion carried by a unanimous vote. [At 11:58 p.m., the order of the agenda moved to items 9(a), (b) and (c).] 9. OTHER MATTERS - CITY COUNCIL COUNCILMEMBER FANGARY REQUESTS CITY COUNCIL TO REVIEW, EVALUATE AND GIVE DIRECTION AS NECESSARY RELATING TO THE RESULTS OF THE MARCH 3, 2015 INVESTIGATION, THE RELEASE OF THE MARCH 3, 2015 VIDEO TAPE, AND OTHER ISSUES RELATED TO THE MARCH 3, 2015 INVESTIGATION AND EVENTS, AND RELATED PUBLIC RECORDS ACT REQUESTS. MATTER TO BE PLACED AS AN AGENDA ITEM AT THE NEXT CITY COUNCIL MEETING CURRENTLY SCHEDULED FOR AUGUST 25, 2015. a) b) City Attorney Jenkins and City Manager Bakaly responded to questions. Councilmember Fangary spoke to his request, garnering support from Barragan and Petty. COUNCILMEMBER DIVIRGILIO REQUESTS SUPPORT IN DIRECTING STAFF TO RETURN AT THE AUGUST 25, 2015 CITY COUNCIL MEETING WITH A FOLLOW UP DISCUSSION AND STATUS REPORT RELATED TO THE STRAND & PIER DEVELOPMENT PROJECT. Hermosa Beach Page 12 Printed on 1/4/2016 City Council Meeting Minutes July 28, 2015 c) Councilmember DiVirgilio spoke to his request, garnering support from Fangary and Petty. COUNCILMEMBER DIVIRGILIO REQUESTS SUPPORT IN DIRECTING STAFF TO RETURN WITH A PRELIMINARY POLICY DISCUSSION ABOUT RESTAURANTS SERVING ALCOHOL ALONG PACIFIC COAST HIGHWAY AND EAST OF PACIFIC COAST HIGHWAY. Councilmember DiVirgilio spoke to his request, but modified it by saying he wants a policy review of the intensification Ordinance and enforcement practices with discussion of places likes Suzy's Bar & Grill and other possibly deserving establishments that might be east or west of Pacific Coast Highway. No support was garnered. (At 12:06 a.m., there was Council consensus to complete the remaining agenda items, consisting of the five items removed from this evening's consent calendar for separate discussion, and, accordingly, the order of the agenda moved to item 4.] ADJOURNMENT The Tuesday, July 28, 2015 Regular meeting adjourned in memory of Dr. Robert Grossman at 12:53 a.m., Wednesday, July 29, 2015, to the Lazy Acres Tour taking place later this day (July 29) at 3 p.m. (at 2080 Bellflower Blvd. Long Beach CA 90815), which will adjourn to the Adjourned Regular meeting (Strategic Planning) of August 11, 2015, to be held at 7 p.m. in Council Chambers. Deputy City Clerk Hermosa Beach Page 13 Printed on 1/4/2016 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Regular Meeting Minutes Tuesday, August 11, 2015 7:00 PM Strategic Planning Council Chambers City Council Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker Nanette Barragan City Council Meeting Minutes August 11, 2015 III CALL TO ORDER • 7:00 p.m. PLEDGE OF ALLEGIANCE Marie Rice ROLL CALL Present: Barragan, DiVirgilio, Tucker, Mayor pro tem Petty Absent: Fangary (arrived 7:15 p.m.) Also present were the City Manager, City Attorney, Management Analyst, Deputy City Clerk, and all City department heads. ANNOUNCEMENTS Councilmember Tucker spoke of last week's Navy Days celebration, and recognized JR Reviczky, John Bowler and Grant Ivey, Navy League Southern California President, for their dedication to the event; and thankedthe community for welcoming the visiting sailors. Mayor pro tem Petty said the final executive report of the March 3, 2015 Standing Room incident will be presented at the August 25, 2015 Council meeting; said she and Councilmember Tucker attended the recent Medal of Valor dinner for County lifeguards. PUBLIC PARTICIPATION: Coming forward to address the Council at this time was: Marie Rice STRATEGIC PLANNING PLAN 2015-2020: UPDATE (Continued from workshop of June 6, 2015) Goals 2020; Review, Re -Prioritize FOR EACH GOAL: Objectives: Review, Revision, Priority Challenges and Opportunities: Review, Revision/Update, Priority Actions 2015: Status, Expectations, Key Issues, Activities, Priority Hermosa Beach Page 1 Printed on 1/5/2016 City Council Meeting Minutes August 11, 2015 • Report and all materials provided by Lyle Sumek Associates, Inc. • • Supplemental email from Councilmember Fangary received August 11, 2015. Three items of supplemental information from Lyle Sumek received August 11, 2015. Report and all materials provided by Lyle Sumek Associates, Inc.; Mr. Sumek participated via Skype. Mr. Sumek, who participated via Skype, presented a timeline of related future meetings and training; said the aim at this meeting was to select and rank the top priority goals and the high priority goals, labeling the remaining goals as "moderate." Previously determined goals were reviewed, revised and prioritized in terms of objectives, challenges and opportunities, and 2015 actions, with the aim of producing a list of 12-15 (out of 20) policy priorities and ranking the 14 management priorities. Discussion ensued, and City Manager Bakaly summarized the goals as a refresher. The Council by consensus selected its top priority policy items and (second tier) high priority policy items, deeming the remainder as "moderate" priorities. The Council then by consensus selected its top priority management items and high priority (second tier) management items. Councilmember Fangary announced that he would start holding monthly public meetings at the Community Center, with the first one scheduled for Saturday, August 22, 2015, at 9 a.m. ADJOURNMENT The meeting adjourned at 8:54 p.m. to the Adjourned Regular meeting of Tuesday, August 25, 2015 (a Closed Session at 5:30 p.m.), which will precede the Regular meeting at 7 p.m. City ClerkI J ,� Deputy City Clerk Hermosa Beach Page 2 Printed on 1/5/2016 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, August 25, 2015 5:30 PM Closed Session - 5:30pm Regular Meeting - 7:OOpm Council Chambers City Council Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker Nanette Barragan • • City Council Meeting Minutes August 25, 2015 5:30 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS — 5:30 p.m. ROLL CALL Present: Fangary, Tucker, Mayor pro tem Petty Absent: Barragan (arrived 5:36 p.m.), DiVirgilio (arrived 5:37 p.m.) PUBLIC COMMENT City Attorney Jenkins responded to Council questions. Coming forward to address the Council at this time were: Sheryl Main Katrina Bacallao Christie Capo Maureen Ricketts, attorney for Chris Miller Brian Kern RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM— 5:50 p.m. 1. 15-0630 MINUTES: Approval of minutes of Closed Session held on July 16, 2015. 2. 15-0631 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation Government Code Section 54956.9(d) (2) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 3. 15-0632 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation - Government Code Section 54956.9(d)(2) and (e)(3) (Claim filed by Chris Miller) Hermosa Beach Page 1 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 4. 15-0633 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager Attachments: Letter from Jackie Tagliaferro (added 8-25-15 at 6om).pdf 5. 15-0634 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update • The. City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. • Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b) Name of Case: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e) Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 f) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 ADJOURNMENT OF CLOSED SESSION — 7:30 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:35 p.m. PLEDGE OF ALLEGIANCE — Trent Larson Hermosa Beach Page 2 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 • ROLL CALL • Present: Barragan, DMrgilio, Fangary, Tucker, Mayor pro tem Petty Absent: None CLOSED SESSION REPORT City Attorney Jenkins said public comment was received before the Council recessed to Closed Session, nothing was added to the Closed Session agenda and, as discussion of all four agenda items was not completed, the Closed Session will be continued to 6 p.m. Tuesday, September 1, 2015 (the Closed Session date was subsequently changed, later in tonight's meeting, to September 8, 2015). ANNOUNCEMENTS Councilmember Tucker spoke of potential changes with the Los Angeles County Sanitation District regarding diversion rates; and said this month's issue of "Sunset" magazine has an article about Hermosa. Councilmember Fangary thanked Allen Sanford of St. Rocke for putting on the Summer Beach Concert Series; and acknowledged Councilmember DiVirgilio's eight years of service to Hermosa. Mayor pro tem Petty (1) said she and Councilmember Tucker attended the Lifeguard Medal of Valor dinner and cited the actions of the three winners; (2) shared the plaque presented to Hermosa for its role as host city for the 2015 International Surf Festival; (3) acknowledged Friends of the Parks for its successful Movie Night event and thanked Allen Sanford of St. Rocke for allowing the use of his stage; and (4) encouraged Hermosa parents of children in grades 1 through 6 to look into the expanded STAR program. PROCLAMATIONS / PRESENTATIONS a) 15-0616 RECOGNITION OF POLICE OFFICERS GERRITT (JOE) POELSTRA AND ELAINA HASSAN FOR THEIR HELP WITH SPECIAL OLYMPICS Mayor pro tem Petty presented Officers Poelstra and Hassan the Certificates of Commendation for their exceptional service toward the visiting athletes. Officer Poelstra thanked the numerous residents and local businesses who donated in various ways. Officer Hassan shared that she had received several marriage proposals from Special Olympians. Hermosa Beach Page 3 Approved 08/23/2016 • • City Council Meeting Minutes August 25, 2015 15-0617 PROCLAMATION FOR SISTER CITY Mayor pro tern Petty presented the Proclamation to George Barks, who thanked the City and the Council for their support and invited residents to visit Loreto for the Sister City program's anniversary celebration, to be held October 25-29, 2015. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Trisha Murakawa, City of Los Angeles Sanitation Public Affairs, presented a handout to the City Council Sylvia Lauterbach Bjoern Risse, Brat and Brau owner John Droge Sandy Saemann Justin Massey Cassandra Bates Katrina Bacallao Lori Ford Violet Ruiz, American Heart Association Government Relations Manager Fred Huebscher Allan Mason Sheryl Main a) REPORT LETTER FROM CHRIS PRENTER DATED JULY 22, 2015 15-0619 REGARDING ALL DAY HELICOPTER NOISE FROM CROSSFIT EVENT Attachments: Chris Prenter letter dated 7-22-15.docx • b) REPORT 15-0620 Action: To receive and file the letter. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To direct the City Manager to respond in writing to questions about the Hermosa Beach Police Department shooting range. Motion Fangary, second Barragan. The motion carried by a unanimous vote. LETTER FROM JIM LISSNER DATED AUGUST 17, 2015 REGARDING HBPD CRIME STATISTICS FREQUENCY Hermosa Beach Page 4 Approved 08/23/2016 • City Council Meeting Minutes August 25, 2015 Attachments: Jim Lissner letter dated 8-17-15.docx c) REPORT 15-0621 Action: To receive and file the letter. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. LETTER FROM HOWARD LONGACRE DATED AUGUST 18, 2015 REGARDING APPOINTED CITY OFFICIALS COMMUNICATING USING THEIR PRIVATE EMAIL ADDRESS Attachments: Howard Longacre letter dated 8-18-15.pdf d) REPORT 15-0622 Action: To receive and file the letter. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. LETTER FROM CASSANDRA BATES DATED AUGUST 18, 2015 REGARDING REQUEST TO RE -OPEN DISCUSSION OF THE HBPD SHOOTING RANGE Attachments: Cassandra Bates letter dated 08-18-15.docx Action: To receive and file the letter. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. •2. CONSENT CALENDAR: a) REPORT 15-0610 b) REPORT 15-0614 Action: To approve the consent calendar recommendations (a) through (p) with the exception of items 2(f) and 2(o), which were removed for discussion in item 4, but are shown in order for clarity: 2(f), Barragan; 2(o), Fangary. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. MEMORANDUM REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Action: To receive and file the memorandum. CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 07-23-15 07-23-15a 7-30-15 08-06-15 08-13-15 Action: To ratify the check registers as presented. Hermosa Beach Page 5 Approved 08/23/2016 • • City Council Meeting Minutes August 25, 2015 c) REPORT TENTATIVE FUTURE AGENDA ITEMS 15-0624 Attachments: Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 15-0628 Attachments: Planning Commission Tentative Future Agenda.pdf e) REPORT 15-0627 Action: To receive and file the Planning Commission Tentative Future Agenda Items. REVENUE AND EXPENDITURE REPORTS CITY TREASURER'S AND CASH BALANCE REPORT JULY 2015 (Finance Director Viki Copeland) Action: To receive and file the Planning Commission Tentative Future Agenda Items. f) REPORT ACTION SHEET OF THE PLANNING COMMISSION MEETING OF 15-0629 AUGUST 18, 2015 Attachments: Planning Commission Action Sheet 8-18-15.doc This item was pulled by Councilmember Barragan for separated discussion later in the meeting. Community Development Director Robertson responded to Council questions. City Attorney Jenkins also responded to Council questions. Mayor pro tem Petty requested that Council take jurisdiction, for review and reconsideration purposes, of item 7 (CUP 15-8 / PARK 15-5 -- Conditional Use Permit to add 246 square feet of storage area to an existing restaurant and exclude it from parking calculations and to allow for on -sale beer and wine service until 11 p.m. daily for a proposed new restaurant (Brat and Brau) at 1342 Hermosa Avenue; and determination that the project is Categorically Exempt from the California Environmental Quality Act), garnering support from Councilmember DiVirgilio. Hermosa Beach Page 6 Approved 08/23/2016 • • City Council Meeting Minutes August 25, 2015 g) h) Action: To receive and file the action sheet of the Planning Commission meeting of August 18, 2015, noting the action above for Council review and reconsideration. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. REPORT ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY 15-0602 RESOURCES ADVISORY COMMISSION MEETING OF JULY 7, 2015 Attachments: PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF THE JULY 7, 2015 MEETING.pdf REPORT 15-0613 Attachments: i) REPORT 15-0612 Attachments: j) REPORT 15-0573 Attachments: Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 7, 2015. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 15, 2015 action minutes 7-15-15 Action: To receive and file the action minutes of the Public Works Commission meeting of July 15, 2015. PROJECT STATUS REPORT AS OF JULY 31, 2015 (Public Works Director Andrew Brozyna) CIP Project Summary JULY 2015 Action: To receive and file the Project Status Report as of July 31, 2015. PURCHASE OF VEHICLE FOR THE POLICE DEPARTMENT (Police Chief Sharon Papa) Wondries Fleet Group Quote.pdf SBRPCA Quote.pdf Action: To approve the staff recommendation to: 1) Authorize the purchase of one (1) 2014 Chevrolet Caprice sedan to replace an existing 2005 Ford Taurus sedan; 2) Reappropriate $17,900 from Fiscal Year 2014 2015 Equipment Hermosa Beach Page 7 Approved 08/23/2016 • • • City Council Meeting Minutes August 25, 2015 Replacement Fund; and 3) Appropriate an additional $13,999.76 from the 2015 2016 Equipment Replacement Fund. k) REPORT SUBJECT: FINAL MAP NO. 72919 (C.U.P. CON NO. 14-10, PDP NO. 15-0623 14-15) LOCATION: 1720 PROSPECT AVENUE APPLICANT(S): ROBERT SALIM REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1720 Prospect Ave Resolution.docx Action: To approve the staff recommendation to: 1) Adopt Resolution No. 15-6991, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72919, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1720 PROSPECT AVENUE IN THE CITY OF HERMOSA BEACH, CALIFORNIA"; and 2) Direct the City Clerk to endorse the certificate for said map. I) REPORT FIREMAN'S FUND HERITAGE PROGRAM GRANT AWARD FROM 15-0609 NEW EMPIRE ENTERTAINMENT INSURANCE SERVICES, INC. TO THE HERMOSA BEACH FIRE DEPARTMENT (Fire Chief David Lantzer) Action: To approve the staff recommendation to: 1) Accept the award of $6,862 through the Fireman's Fund Heritage Program Grant from New Empire Entertainment Insurance Services, Inc. to the Hermosa Beach Fire Department; and 2) Authorize an appropriation in the 2015/16 budget of $6,862 for the purchase of a Smart Board, Smart Television and accessories for use in training delivery and increase the revenue the same amount. Hermosa Beach Page 8 Approved 08/23/2016 • • City Council Meeting Minutes August 25, 2015 m) REPORT AUTHORIZATION OF DOCUMENTS REQUIRED BY THE STATE BOARD 15-0607 OF EQUALIZATION (SBOE) FOR COLLECTION OF THE CITY'S UTILITY USER'S TAX (UUT) ON PREPAID WIRELESS PHONE SERVICE (Viki Copeland, Finance Director) Attachments: Agreement - State Collection Admin of Local Charge.rtf Reso Authorizing CM to Execute Agreement Reso Authorizing Examination of Prepaid MTS Surcharge Certification of Ordinance No. 07-1290 - REVISED 8-24-15.pdf SUPPLEMENTAL Memorandum from Finance Director Viki Copeland (added 8-24-15 at 10am).pdf Action: To approve the staff recommendation to: 1) Authorize the City Manager to execute documents required by the State Board of Equalization to collect the City's Utility User's Tax on prepaid wireless service; 2) Adopt Resolution No. 15-6992, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT"; 3) Adopt Resolution No. 15-6993, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE EXAMINATION OF PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS"; and 4) Authorize the examination of prepaid mobile telephone services surcharge and local charge records. n) REPORT SOUTH BAY WORKFORCE INVESTMENT BOARD 15-0618 QUARTERLY SUMMARY (City Manager Tom Bakaly) Attachments: Summary - SBWIB 071615 -Hermosa Beach.pdf Committees Activity Report.pdf Program Year 2014-2015.pdf Youth Job Fair 2015 info.pdf CalWorks Youth Summer Job info.pdf News 1.pdf News 2.pdf News 3.pdf Hermosa Beach Page 9 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 o) REPORT 15-0637 Action: To receive and file the quarterly summary from the South Bay Investment Board. APPROVE TRANSPORTATION AGREEMENT WITH ORTLEY TRANSPORTATION FOR KINDERGARTEN CHILDREN ATTENDING THE STAR EDUCATION PROGRAM AT THE COMMUNITY CENTER (Senior Recreation Supervisor Kelly Orta) Attachments: STAR Education Program Fiver Ortley Transportation Service Agreement SUPPLEMENTAL Memorandum and Updated Transportation Agreement from Recreation Supervisor Kelly Orta (added 8-25-15 at 5pm).pdf p) REPORT 15-0641 Attachments: Supplemental memorandum from Supervisor Orta received August 25, 2015. This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to: 1) Approve the revised transportation agreement with Ortley Transportation to provide daily bus transportation to and from View School for kindergarten children attending the STAR Education program at the Community Center; and 2) Appropriate $86,400 from the Proposition A Fund. Motion Fangary, second Tucker. The motion carried by a unanimous vote. APPROVE THE UPDATED 2015 SPECIAL EVENT CALENDAR (Senior Recreation Supervisor Kelly Orta) Commission Approved 2015 Special Event Calendar Updated 2015 Special Event Calendar Day at the Beach Triathlon One -Page Info Sheet Action: To approve the updated 2015 special event calendar through December, 2015, including the addition of Day at the Beach Triathlon and other small scale events. At 8:38 p.m., the order of the agenda moved to the Public Hearings items 5 (a) and (b). 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 15-1356 - "AN ORDINANCE OF 15-0611 Hermosa Beach Page 10 Approved 08/23/2016 • City Council Meeting Minutes August 25, 2015 THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS." (City Clerk Elaine Doerfling) Attachments: 15-1356 Plastic Bag Ban Affected businesses and food providers.docx Bag Ban Notification.JPG SUPPLEMENTAL Letter from Michelle Goodlett (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Lori Ford (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Gina Rothwell (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Chamber of Commerce (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Nadine Skye -Davis (added 8-25-15 at 2pm).pdf SUPPLEMENTAL Redline Ordinance from City Attorney Mike Jenkins (added 8-25-15 at 5pm).pdf SUPPLEMENTAL Letter from Dana McFarland (added 8-26-15 at 6pm).pdf SUPPLEMENTAL Letter from Jeffrey Davis (added 8-26-15 at 6pm).pdf Supplemental letter from Michelle Goodlett received August 24; Supplemental letters from Lori Ford, Gina Rothwell, Kimberlee MacMullan, Hermosa Beach Chamber of Commerce President/CEO, and Nadine Skye -Davis, all received August 25, 2015; and a supplemental redlined ordinance from City Attorney Mike Jenkins received August 25, 2015. Environmental Analyst Kristy Morris presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Dennis Jarvis, Spyder Surfboards Craig Cadwallader, Surfrider Foundation South Bay Chapter Dency Nelson Jose Bacallao Laura Peralta, California Grocers Association Director, Local Government Relations, Southern California Trent Larson Jess Lurie Sandy Saemann Cassandra Bates Jeff Raedy Jeff Duclos Justin Massey Andrea Valcourt Hermosa Beach Page 11 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 Action: To waive full reading and reintroduce by title Ordinance No. 15-1356, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS," as amended, per the changes noted in the red -lined version that was presented this evening. Motion Barragan, second Tucker. The motion carried by a unanimous vote. At 10:16 p.m. the meeting recessed. At 10:30 p.m. the meeting reconvened, at which time: 1) By consensus, the meeting was extended to 11:30 p.m.; and 2) The order of the agenda moved to Municipal Matter 6(b). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and (o) were heard at this time but are shown in order for clarity. Public comments on items removed for separate discussion are shown under appropriate Consent Calendar item. At 12:18 a.m., the City Council moved to adjourn the meeting and reiterated the continuance of items and changed meeting dates, as specified in action taken earlier this evening, at the conclusion of Municipal Matter item 6(b). • 5. PUBLIC HEARINGS • a) REPORT 15-0640 AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 5.76 (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO PRODUCTS TO MINORS, AMENDING CHAPTER 8.40 TO EXPAND THE DEFINITION OF TOBACCO PRODUCTS TO INCLUDE ELECTRONIC CIGARETTES AND FLAVORED TOBACCO, AND MAKING VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from the April 21, 2015 meeting) (Community Development Director Ken Robertson) Attachments: Tobacco Retailers and E Cigarettes Ordinance 2-9-15REVISED 081215.doc SUPPLEMENTAL Letter from various Hermosa Retailers (added 8-24-15 at 7pm).pdf SUPPLEMENTAL Redline Ordinance from City Attorney Mike Jenkins (added 8-25-15 at 5pm).pdf SUPPLEMENTAL Letter from Steve Duffy (added 8-26-15 at 6pm) 2.pdf Supplemental letters from several tobacco retailers received August 24, 2015. Supplemental redlined ordinance from City Attorney Mike Jenkins received August 25, 2015. Hermosa Beach Page 12 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 b) REPORT 15-0636 Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:54 p.m. Coming forward to address the Council on this item were: Claud Moradian, Los Angeles County Department of Public Health, Tobacco Control and Prevention Selena Douglas, Beach Market owner Dave Mercer, Deep Pocket Jean Company proprietor Primo Castro, American Cancer Society Director of Government Relations Lauren Nakano, Beach Cities Health District Director, Blue Zones Project The public hearing closed at 9:04 p.m. Action: To continue this item and direct staff to evaluate feedback received at tonight's meeting, and to return within 60 days with an amended Ordinance. Motion Fangary, second DiVirgilio. The motion carried 3-2, noting the dissenting votes of Tucker and Barragan. INTRODUCE ON FIRST READING AND WAIVE FULL READING OF AN ORDINANCE AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS (Community Development Director Ken Robertson) Attachments: Solar Permitting Ord - final.docx Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:29 p.m. Coming forward to address the Council on this item was: Dency Nelson The public hearing closed at 9:32 p.m. Action: To waive full reading and introduce Ordinance No. 15-1357, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS." Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Hermosa Beach Page 13 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 At 9:35 p.m., the order of the agenda moved to Consent Ordinance items 3(a) and (b). 6. MUNICIPAL MATTERS a) REPORT ENFORCEMENT OF THE PUBLIC PLACES SMOKING PROVISIONS OF 15-0639 THE MUNICIPAL CODE (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) b) REPORT 15-0644 This item was continued. REPORT REGARDING INVESTIGATION OF THE CIRCUMSTANCES OF THE POLICE DEPARTMENT INTERACTION WITH CHRIS MILLER ON MARCH 3, 2015 IN FRONT OF THE STANDING ROOM AND RELATED RESPONSE (City Manager Tom Bakaly) Attachments: Synopsis of Evidence - 2015 HBi11.pdf SUPPLEMENTAL Letter from Jackie Tagliaferro (added 8-26-15 at 6pm).pdf SUPPLEMENTAL Letter from Katrina Bacallao (added 8-26-15 at 6pm).pdf City Manager Bakaly 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: Ira Lifland Sheryl Main Jim Rosenberger Jose Bacallao Justin Massey Sandy Saemann Cassandra Bates Barbara Ellman Dency Nelson Jess Lurie Dennis (last name indistinct) Andrea Valcourt George Barks It was Council consensus to extend the meeting to 11:30 p.m., and a motion was made (see below) on this and other items. Hermosa Beach Page 14 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 Action: To: 1) Reschedule the Closed Session initially planned for September 1, 2015 to September 9, 2015; 2) Continue Municipal Matter 6(b) to the Adjourned Regular meeting of September 24, 2015, incorporating issues listed under Other Matters on the July 28, 2015 agenda; 3) Continue this evening's remaining agenda items — 6(a), 6(c), 7(a), and 9(a) thru (d) — to an Adjourned Regular meeting on September 1, 2015; and 4) Return the Plastic Bag Ban Ordinance for second reading and adoption at the September 1, 2015 Adjourned Regular meeting. Motion Fangary, second Barragan. The motion carried by a unanimous vote. At 11:43 p.m., the order of the agenda moved to item 6(d), to be followed by items 6(e), and item 4 — for the two pulled consent items 2(0 and 2(o). c) REPORT STATUS REPORT RELATED TO STRAND & PIER DEVELOPMENT 15-0635 PROJECT (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) Attachments: Letter from Howard Longacre (added 8-25-15 at 215pm).pdf Supplemental letter from Howard Longacre received August 25, 2015. This item was continued. d) REPORT 15-0575 REVISIT OPERATION CLEAN SWEEP RELATED TO SIDEWALK/PORTABLE TYPE SIGNS (Economic Development Officer Shelli Margolin -Mayer and Building/Code Enforcement Official Bob Rollins) Attachments: 1. April 24, 2012 Planning Commission Staff Report 2. City Council Resolution 12-6812 (No Portable Signs R -O -W) SUPPLEMENTAL Letter from Lori Ford (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Gina Rothwell (added 8-25-15 at 12pm).pdf SUPPLEMENTAL Letter from Chamber of Commerce (added 8-25-15 at 12pm).pdf Supplemental letter from Kimberlee MacMullan, Hermosa Beach Chamber of Commerce President/CEO received August 25, 2015 Community Development Director Robertson presented the staff report and respond to Council questions. Hermosa Beach Page 15 Approved 08/23/2016 • City Council Meeting Minutes August 25, 2015 e) REPORT 15-0615 City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Brian Cooley Dency Nelson Cathy Knoll, The Deck/Uncorked proprietor Jeff Duclos Action: To direct staff to develop a draft Ordinance for Planning Commission review that includes: 1) Simple guidelines for A -frame signs except those in the Pier Plaza; 2) Wording allowing for creativity amongst the businesses displaying such signs; and 3) Wording that it will be low -priority for staff to enforce regulations for existing A -frame signs. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. REQUEST FROM THE CITY OF REDONDO BEACH TO RENAME ARTESIA BOULEVARD TO REDONDO BEACH BOULEVARD (Andrew Brozyna, P.E./Director of Public Works) Attachments: Letter from Redondo Beach dated July 20-2015 attch 1 Plan View of Redondo Beach within City Limits attch 2 Public Works Director Brozyna presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To oppose the renaming of Artesia Boulevard to Redondo Beach Boulevard within the Hermosa Beach city limits, and direct staff to prepare a letter to the City of Redondo Beach opposing its proposal to change the name of Artesia Boulevard to Redondo Beach Boulevard. Motion Fangary, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT 15-0638 FIRE TOWER DEMOLITION UPDATE (Public Works Director Andrew Brozyna) Hermosa Beach Page 16 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 111 Attachments: Final 72915 Struct Assessment HB Fire Tower attach 1 Fire Tower Attachment #2 - Modular Structures • • This item was continued. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS — CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL a) 15-0625 MAYOR PRO TEM PETTY REQUESTS DISCUSSION REGARDING THE IMPENDING COUNCIL SEAT VACANCY. (Continued from meeting of August 25, 2015) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf This item was continued. b) 15-0626 MAYOR PRO TEM PETTY PROPOSES INITIATING A CODE OF CONDUCT POLICY FOR COMMISSIONERS. (Continued from meeting of August 25, 2015) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf This item was continued. c) 15-0642 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING THE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF SHORT-TERM RENTALS AND ENHANCE THE CITY'S ABILITY TO ENFORCE VIOLATIONS. (Continued from meeting of August 25, 2015) Attachments: Letter from Mike Glassman (added 8-24-15 at 7pm).pdf Letter from Jay Perreault (added 8-24-15 at 7pm).pdf SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf Supplemental letters from Mike Glasman and Jay Perrault, received August 23, 2015 and August 24, 2015, respectively. This item was continued. d) 15-0643 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING Hermosa Beach Page 17 Approved 08/23/2016 City Council Meeting Minutes August 25, 2015 CURRENT PRACTICES AND THE MUNICIPAL CODE TO ENHANCE THE CITY'S ABILITY TO ENFORCE PERMITS RELATED TO USE OF CITY PROPERTY (BEACH, PARKS, AND OTHER FACILITIES) FOR TRAINING CLASSES. (Continued from meeting of August 25, 2015) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf This item was continued. ADJOURNMENT The Regular meeting of the Hermosa Beach City Council of Tuesday, August 25, 2015, adjourned at 12:20 a.m. on Wednesday, August 26, 2015, to an Adjourned Regular meeting at 7 p.m. Tuesday, September 1, 2015 (for the purpose of considering the remaining agenda items from the August 25, 2015 Regular Meeting), which will then adjourn to the Regular meeting of September 8, 2015, beginning with a 6 p.m. Closed Session, to be followed at 7 p.m. by the Regular meeting of the City Council in Council Chambers. City Clerk / I Deputy City Clerk Hermosa Beach Page 18 Approved 08/23/2016 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Regular Meeting Minutes Tuesday, September 1, 2015 7:00 PM Council Chambers City Council Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker Nanette Barragan • • City Council Meeting Minutes September 1, 2015 7:00 P.M. - ADJOURNED REGULAR MEETING AGENDA CALL TO ORDER — 7:05 p.m. PLEDGE OF ALLEGIANCE — Monique Ehsan ROLL CALL Present: Barragan, Fangary, Tucker, Mayor pro tem Petty Absent: DiVirgilio CLOSED SESSION REPORT — None ANNOUNCEMENTS Councilmember Fangary (1) invited everyone to the next Community First meeting at 10 a.m., Saturday, September 19; (2) invited everyone to Fiesta Hermosa over Labor Day weekend; (3) spoke of the August 28 AES Power Plant gas leak; and (4) expressed displeasure that the next Council meeting will be abbreviated because of the mayor rotation. Councilmember Barragan echoed Councilmember Fangary's sentiments regarding the next Council meeting. Fire Chief Lantzer came forward to give an update on the AES Power Plant gas leak, noting that neither the City of Redondo Beach nor the City of Hermosa Beach was notified, and responded to Council questions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Clayton Shepherd Sam Perrotti Monique Ehsan Jose Bacallao Mike Gregoire Craig Cadwallader, Surfrider Foundation South Bay Chapter Dency Nelson Lauren Pizer Mains Hermosa Beach Page 1 Approved 08/23/2016 City Council Meeting Minutes September 1, 2015 • 2. CONSENT CALENDAR — None • 3. CONSENT ORDINANCES a) REPORT 15-0648 ORDINANCE NO. 15-1356 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS." (City Clerk Elaine Doerfling) Attachments: Plastic Ban Ordinance 15-1356 Affected businesses and food providers.docx Bag Ban Notification.JPG Letter from Michelle Goodlett.pdf Letter from Lori Ford.pdf Letter from Gina Rothwell.pdf Letter from Chamber of Commerce.pdf Letter from Nadine Skye-Davis.pdf Letter from Dana McFarland.pdf Letter from Jeffrey Davis.pdf Action: To waive full reading and adopt by title Ordinance No. 15-1356, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS." Motion Barragan, second Tucker. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION N/A 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a) REPORT ENFORCEMENT OF THE PUBLIC PLACES SMOKING PROVISIONS OF 15-0639 THE MUNICIPAL CODE (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) Hermosa Beach Page 2 Approved 08/23/2016 City Council Meeting Minutes September 1, 2015 Director Robertson presented the staff report and responded to Council questions. Police Chief Papa came forward to address the Council and respond to their questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Lauren Nakano, Beach Cities Health District Blue Zones Project Craig Cadwallader, Surfrider Foundation South Bay Chapter Jeff Duclos Proposed Action: To direct staff to return in February, 2016 with an outline of a plan with recommended further actions for education and outreach and ongoing enforcement of the ban. Motion Fangary. The motion died for lack of a second. Proposed Action: To direct staff to return with a progressive penalty scale, with the first violation an infraction and the second a misdemeanor; and to enforce but also do an education campaign. Motion Barragan. The motion died for lack of a second. Action: To direct staff to: (1) have the City Prosecutor explore the possibility of requiring a first-time offender to attend educational classes and having the second offense punishable with a fine of up to $1,000; and (2) continue the dialogue with City businesses employing the recommendations in the staff report about ongoing education and outreach Motion Tucker, second Barragan. The motion carried 4-0. (DiVirgilio absent) REPORT STATUS REPORT RELATED TO STRAND & PIER DEVELOPMENT 15-0635 PROJECT (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) Attachments: Letter from Howard Longacre (added 8-25-15 at 215pm).pdf Director Robertson presented the staff report and responded to Council questions. • City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Hermosa Beach Page 3 Approved 08/23/2016 • City Council Meeting Minutes September 1, 2015 c) REPORT 15-0650 Councilmember Fangary disclosed ex parte communications. Coming forward to address the Council on this item were: Justin Massey Jeff Duclos Jim Lissner Action: To receive and file the update. Motion Fangary, second Petty. The motion carried 4-0. (DiVirgilio absent) CIP NO. 14-128 STREET IMPROVEMENTS VARIOUS LOCATIONS - PROPOSED CHANGES TO SCOPE OF WORK (Director of Public Works Andrew Brozyna, P.E.) Attachments: Attachment 1 - Original Street List 9-8-15 Attachment 2 - Original Site Plan 9-8-15 Attachment 3 - Proposed Street List 9-8-15 Attachment 4 - Proposed Site Plan 9-8-15 SUPPLEMENTAL Letter from Howard Longacre (added 8-31-15 at 3pm).pdf SUPPLEMENTAL Memorandum from Public Works Director Andrew Brozyna (added 9-1-15 at 9am).pdf SUPPLEMENTAL Presentation from Public Works Director Andrew Brozyna (added 9-1-15 at 530pm).pdf SUPPLEMENTAL Memorandum from Public Works Director Andrew Brozyna (added 9-1-15 at 6pm).pdf Director Brozyna gave a PowerPoint presentation (with assistance from Joel Ortiz, Assistant Engineer) and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item were: Justin Massey Jim Lissner Action: To direct staff to revise the contract amount to $252,000 (slurry, as in Attachment 1) as amended in the staff report; and to return in October with a more comprehensive plan including alternate proposals/options for Gould Avenue, including the option cited in the staff report. Motion Fangary, second Petty. The motion carried 4-0. (DiVirgilio absent) • It was Council consensus to extend the meeting to midnight. Hermosa Beach Page 4 Approved 08/23/2016 City Council Meeting Minutes September 1, 2015 S 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) REPORT FIRE TOWER DEMOLITION UPDATE 15-0638 (Continued from meeting of August 25, 2015) (Public Works Director Andrew Brozyna) Attachments: Final 72915 Struct Assessment HB Fire Tower attach 1 Fire Tower Attachment #2 - Modular Structures Director Brozyna presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jeff Duclos Action: To receive and file the update. Motion Barragan, second Tucker. The motion carried 4-0. (DiVirgilio absent) 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL a) 15-0625 MAYOR PRO TEM PETTY REQUESTS DISCUSSION REGARDING THE IMPENDING COUNCIL SEAT VACANCY. (Continued from meeting of August 25, 2015) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf Councilmember Barragan left the room during this item. Mayor pro tern Petty spoke to her request; no support was garnered. b) 15-0626 MAYOR PRO TEM PETTY PROPOSES INITIATING A CODE OF CONDUCT POLICY FOR COMMISSIONERS. (Continued from meeting of August 25, 2015) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf Mayor pro tern Petty spoke to her request; no support was garnered. Hermosa Beach Page 5 Approved 08/23/2016 City Council Meeting Minutes September 1, 2015 • c) 15-0642 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING THE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF SHORT-TERM RENTALS AND ENHANCE THE CITY'S ABILITY TO ENFORCE VIOLATIONS. (Continued from meeting of August 25, 2015) Attachments: Letter from Mike Glassman (added 8-24-15 at 7pm).pdf Letter from Jay Perreault (added 8-24-15 at 7pm).pdf SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf Councilmember Tucker spoke to his request, garnering support from Councilmember Barragan. d) 15-0643 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING CURRENT PRACTICES AND THE MUNICIPAL CODE TO ENHANCE THE CITY'S ABILITY TO ENFORCE PERMITS RELATED TO USE OF CITY PROPERTY (BEACH, PARKS, AND OTHER FACILITIES) FOR TRAINING CLASSES. (Continued from meeting of August 25, 2015) e) Attachments: SUPPLEMENTAL 2015 Strategic Plan Action Agenda Document (added 9-1-15 at 12pm).pdf Councilmember Tucker spoke to his request, garnering support from Councilmembers Barragan and Fangary. COUNCILMEMBER FANGARY REQUESTS TO DIRECT STAFF TO RETURN AT THE SEPTEMBER 8, 2015 MEETING WITH: 1) QUESTIONS TO ASK AES REGARDING THE AUGUST 28, 2015 INCIDENT AND ANY RELATED INVESTIGATIONS; 2) METHODS TO IMPROVE COMMUNICATIONS WITH RESIDENTS REGARDING FUTURE INCIDENTS, I.E., USE OF NIXLE; AND 3) AN UPDATE REGARDING ANY STATUS REPORT SUBMITTED TO THE CALIFORNIA ENERGY COMMISSION BY AES. Councilmember Fangary spoke to his request, garnering support from Councilmembers Fangary and Tucker, and Mayor pro tem Petty. ADJOURNMENT — The Adjourned Regular meeting of September 1, 2015, adjourned at 11:15 p.m. to the Regular meeting of September 8, 2015. City Clerk Elaine Doe ,i:1.1') Deputy City Clerk Linda Abbott Hermosa Beach Page 7 Approved 08/23/2016 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Meeting Minutes Tuesday, September 8, 2015 6:00 PM Closed Session - 6:OOpm Regular Meeting 7:OOpm Council Chambers City Council Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker • City Council Meeting Minutes September 8, 2015 6:00 P.M. -CLOSED SESSION CALL TO ORDER IN COUNCIL CHAMBERS — 6:01 p.m. ROLL CALL City Clerk Doerfling noted the resignation of Councilmember Barragan, effective September 3, 2015. Present: DiVirgilio, Fangary, Tucker, Mayor Pro Tern Petty Absent: None PUBLIC COMMENT — No one came forward to address the Council at this time. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM— 6:02 p.m. 1. 15-0653 MINUTES: Approval of minutes of Closed Session held on August 25, 2015. 411) 2. 15-0634 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. (Continued from Closed Session of August 25, 2015) Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b) Name of Case: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 c) Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d) Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e) Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 f) Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 3. 15-0656 CONFERENCE WITH LEGAL COUNSEL: The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Endom v. City of Hermosa Beach Hermosa Beach Page 1 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 WCAB Number: ADJ9114081: ADJ9114082 Claim Number: HEAD -001650: HEAI-001649 (Worker's Compensation) ADJOURNMENT OF CLOSED SESSION — 6:55 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER — 7:12 p.m. PLEDGE OF ALLEGIANCE Amanda and Taylor Petty CLOSED SESSION REPORT City Attorney Jenkins reported that there were no public comments before the Council recessed into Closed Session, no items added to the agenda, and no reportable actions. ANNOUNCEMENTS Councilmember Fangary announced his next Community First meeting, Saturday, September 19 from 10 a.m. to noon in Chambers; and thanked the Hermosa Chamber of Commerce for a successful Fiesta Hermosa. Mayor pro tem Petty also thanked the Chamber of Commerce for a great event; and thanked former Councilmember Barragan for her service to the community. PROCLAMATIONS / PRESENTATIONS 1. REPORT 15-0659 APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION - SEPTEMBER 2015 (City Clerk Elaine Doerfling) Attachments: Current Committee Appointments Committee Information Action: To appoint Mayor pro tem Petty as Mayor and Councilmember Fangary as Mayor pro tem for terms ending June 14, 2016; to appoint Mayor Hermosa Beach Page 2 Approved 09/27/2016 • • City Council Meeting Minutes September 8, 2015 Petty to the Los Angeles County — City Selection Committee; to appoint Mayor Petty as delegate to the South Bay Cities Sanitation District Board of Directors and Mayor pro tem Fangary as alternate; and to continue the remaining Committee appointments to the next meeting. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: a) REPORT 15-0663 Coming forward to address the Council at this time were: Sal Longo Russ Omey Susan Thoreau Toni Holt Jacoby Vandervlis Betsy Ryan Robert Rosenfeld Judy Garland George Barks Barbara Ellman James Scott, Andrea Giancoli, Jeff Raedy and Betsy Ryan, Leadership Hermosa Barbara Clark Andrea Giancoli Julian Katz Manhattan Beach Mayor Mark Burton presented a certificate of commendation to Mayor Petty on behalf of the Manhattan Beach City Council. LETTER FROM CASSANDRA BATES DATED AUGUST 18, 2015 REGARDING QUESTIONS ABOUT THE HBPD SHOOTING RANGE AND RESPONSE FROM THE HBPD Attachments: Cassandra Bates letter dated 08-18-15.docx Memo to Council from Chief Papa dated 08-31-15.doc Action: To receive and file the written communication. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(a) and (c) Fangary; (g) and (h) Tucker. Motion Tucker, second Fangary. The motion carried by a unanimous vote. Hermosa Beach Page 3 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 a) REPORT 15-0660 APPROVAL OF CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Attachments: 061814 Adj Req ioint PC-EIR Study Session 062414 Special study session min 062414 Req CC Mtq draft min 062514 Beach Cities Symposium draft min This item was pulled by Mayor pro tem Fangary for separate discussion later in the meeting. City Clerk Doerfling responded to Council questions. Action: To approve the City Council meeting minutes as presented. Motion Fangary, second Tucker. The motion carried by a unanimous vote. • b) REPORT 15-0652 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 08-20-15 08-25-15 08-27-15 c) REPORT 15-0665 Action: To ratify the check registers as presented. TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.doc d) REPORT 15-0654 This item was pulled by Mayor pro tem Fangary for separate discussion later in the meeting. Action: To receive and file the Future Tentative Agenda Items. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) • Action: To approve the cancellation of certain checks, as recommended by the City Treasurer. Hermosa Beach Page 4 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 • e) REPORT 15-0655 • • Attachments: f) REPORT 15-0662 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JULY 6, 2015 070615 -Minutes FINAL.pdf Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 6, 2015. SUBJECT: FINAL MAP NO. 72618 (C.U.P. CON NO. 14-1, PDP NO. 14-1) LOCATION: 657 - 659 5th street APPLICANT(S): 657 - 659 5th street, IIc REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 657-659 5th St. Resolution.docx g) REPORT 15-0666 Action: To adopt Resolution No. 15-6994, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72618, FOR THE SUBDIVISION OF A two -UNIT CONDOMINIUM, LOCATED AT 657 - 659 5th Street IN THE CITY OF HERMOSA BEACH, CALIFORNIA." REQUEST TO PURCHASE AND/OR LEASE MODULAR BUILDINGS FOR TEMPORARY RELOCATION OF POLICE AND FIRE DEPARTMENT PERSONNEL (Public Works Director Andrew Brozyna) Attachments: Modular Structures 20150902 -Attachment 1 sept 8 Modular Bid Summary -Attachment 2 sept 8 This item was pulled by Councilmember Tucker for separate discussion later in the meeting. Director Brozyna and Fire Chief Lantzer responded to Council questions. Hermosa Beach Page 5 Approved 09/27/2016 • • City Council Meeting Minutes September 8, 2015 h) REPORT 15-0664 Action: To approve the staff recommendation to authorize the City Manager to enter into an agreement with Pacific Mobile Structures for the lease of the modular buildings for the temporary Police and Fire administrative offices, and the option to lease or purchase the modular building for the Fire Department dorms contingent on the results of the structural analysis. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. APPROVAL OF THE AGREEMENT WITH THE CHAMBER OF COMMERCE TO PRODUCE THE WEDNESDAY FARMER'S MARKET ON PIER PLAZA (Senior Recreation Supervisor Kelly Orta) Attachments: Wednesday Farmer's Market Agreement with the Chamber of Commerce SUPPLEMENTAL Letter from Howard Longacre (added 9-8-15 at 4pm).pdf SUPPLEMENTAL Letter from Fred Huebscher (added 9-8-15 at 430pm).pdf SUPPLEMENTAL September 23, 2014 Staff Report (added 9-8-15 at 5pm).pdf SUPPLEMENTAL Redlined Farmer's Market Agreement with Chamber of Commerce (added 9-8-15 at 5pm).pdf This item was pulled by Councilmember Tucker for separate discussion later in the meeting. City Manager Bakaly and City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this item were: Vicki Garcia Mark Anderson Lauren Pizer Mains George Barks Action: To approve the agreement with the Chamber of Commerce to produce the Wednesday Farmer's Market on the Pier Plaza; and to direct staff to report back in three months for a review. Motion Tucker, second DiVirgilio. The motion carried by a 3-1 vote, noting the dissenting vote of Fangary. • 3. CONSENT ORDINANCES Hermosa Beach Page 6 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 a) REPORT 15-0658 ORDINANCE NO. 15-1357 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS" (City Clerk Elaine Doerfling) Attachments: ORD 15-1357 (Solar) Action: To waive full reading and adopt Ordinance No. 15-1357, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (c), (g) 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. 5. PUBLIC HEARINGS a) REPORT 15-0661 REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO REVOKE A CONDITIONAL USE PERMIT FOR ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE (THE ESTABLISHMENT) (Community Development Director Ken Robertson) Director Robertson presented the staff report and responded to Council questions. Manager Bakaly also responded to Council questions. The public hearing opened at 8:13 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:13 p.m. • Action: To continue the public hearing to the September 24, 2015 meeting as recommended by staff. Hermosa Beach Page 7 Approved 09/27/2016 • City Council Meeting Minutes September 8, 2015 Motion DiVirgilio, second Tucker. The motion carried by a 3-1 vote, noting the dissenting vote of Fangary. 6. MUNICIPAL MATTERS a) REPORT AES REDONDO BEACH POWER PLANT - 15 -0667 AUGUST 28 INCIDENT FOLLOW UP (Fire Chief David Lantzer and Community Development Director Ken Robertson) Attachments: Report on Uncontrolled Release of Natural Gas from AES Plant.pdf City of Redondo Beach Status Report 090115.pdf AES Press Release.pdf Notice of September 11 2015 Status Conference.pdf SUPPLEMENTAL Hermosa Beach Status Report (added 9-8-15 at 9am).pdf Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Barbara Ellman Betsy Ryan Action: To direct staff to return at a future meeting with a broader discussion about having staff file monthly status reports with the California Energy Commission, attend all meetings, and provide updates as needed. Motion Fangary, second Tucker. The motion carried by a 3-1 vote, noting the dissenting vote of DiVirgilio. Action: To direct staff to draft a letter to AES per staff recommendation and return with an update at a future meeting. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None Hermosa Beach Page 8 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 S 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT 15-0529 DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (Continued from meeting of June 23, 2015) (City Manager Tom Bakaly) Attachments: League of CA Cities Letter and Voting Procedures.pdf Voting Delegate and Alternate Form.pdf Action: To designate Councilmember Tucker to be the delegate. Motion DiVirgilio, second Fangary. 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, • September 8, 2015, at 9:31 p.m., in memory of Bob Bergstrom. • Elaine Doerfling,,City Clerk Linda Abbott, Deputy City Clerk Hermosa Beach Page 9 Approved 09/27/2016 • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Special Meeting Minutes Wednesday, September 9, 2015 6:15 PM Closed Session - 6:15pm Council Chambers City Council Mayor Carolyn Petty Mayor Pro Tem Hany Fangary Councilmembers Michael DiVirgilio Peter Tucker City Council Meeting Minutes September 9, 2015 • This Special Meeting of the City Council was called by the Mayor of the City of Hermosa Beach to consider and take action on only those matters set forth on the Closed Session agenda 6:15 P.M. - CLOSED SESSION CALL TO ORDER IN COUNCIL CHAMBERS — 6:15 p.m. ROLL CALL / Present: DiVirgilio, Fangary, Tucker, -,Mayor Petty Absent: None PUBLIC COMMENT — No one came forward to address the Council at this time. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM — 6:16 p.m. 1. 15-0631 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation — Government Code Section 54956.9(d)(2) (Continued from Closed Session ofAugust 25, 2015) • A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. 2. 3. 15-0632 15-0633 Number of Potential Cases: 1 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation — Government Code Section 54956.9(d)(2) and (e)(3) (Claim filed by Chris Miller) (Continued from Closed Session ofAugust 25, 2015) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 (Continued from Closed Session ofAugust 25, 2015 Title: City Manager Attachments: Letter from Jackie Tagliaferro (added 8-25-15 at 6pm) pdf Hermosa Beach Page 1 Approved 09/27/2016 City Council Meeting Minutes September 8, 2015 • 4. 15-0657 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers'Association Hermosa Beach Firefighters'Association Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Professional Engineers' Bargaining Group Unrepresented Employees ADJOURNMENT OF CLOSED SESSION - 8:45 p.m. The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, September 9, 2015, at 8:45 p.m. • Hermosa Beach Page 2 Approved 09/27/2016 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Minutes Tuesday, September 22, 2015 7:00 PM Council Chambers City Council Mayor Carolyn Petty Mayor Pro Tem Hany Fangary Councilmembers Michael DiVirgilio Peter Tucker City Council Meeting Minutes September 22, 2015 7:00 P.M. — REGULAR MEETING CALL TO ORDER IN COUNCIL CHAMBERS — 7:00 p.m. ROLL CALL Present: None Absent: DiVirgilio, Fangary, Tucker, Mayor Petty PUBLIC COMMENT — None Noting that tonight's Regular Meeting had been rescheduled and properly noticed to take place on Thursday, September 24, 2015, City Clerk Doerfling adjourned the meeting due to the lack of a quorum. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 7:01 p.m. on Tuesday, September 22, 2015, to an Adjourned Regular Meeting on Thursday, September 24, 2015, with a Community Choice Aggregation study session at 6 p.m., followed by the regular agenda at 7 p.m. Elaine Doerfling, 'City CI Hermosa Beach Page 1 Approved 09/27/2016 • • Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Regular Meeting Minutes Thursday, September 24, 2015 7:00 PM Study Session - 6:00pm (Community Choice Aggregation) Adjourned Regular Meeting - 7:00pm Council Chambers City Council Mayor Carolyn Petty Mayor Pro Tern Hany Fangary Councilmembers Michael DiVirgilio Peter Tucker Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 6:00 P.M. — STUDY SESSION AGENDA CALL TO ORDER — 6:01 p.m. PLEDGE OF ALLEGIANCE ROLL CALL STUDY SESSION 1. REPORT 15-0697 Julian Katz Present: DiVirgilio, Fangary, Tucker, Mayor Petty Absent: None COMMUNITY CHOICE AGGREGATION (CCA) (Environmental Analyst Kristy Morris) Attachments: LACBOS SEPT 8 CCA MOTION.pdf Los Angeles County CCA Motion CCA Non Disclosure Agreement.pdf City of Lancaster Proposal SUPPLEMENTAL Letter from County of LA (added 9-22-15 at 1 pm).pdf SUPPLEMENTAL Memorandum from Environmental Analyst Kristy Morris (added 9-22-15 at 3pm).pdf SUPPLEMENTAL Presentation from Environmental Analyst Kristy Morris (added 9-24-15 at 3pm).pdf City Manager Bakaly explained that the study session this evening was informational in nature. Environmental Analyst Morris gave a PowerPoint presentation, with assistance from Jason Cordell, Deputy City Manager, and Barbara Boswell, Finance Director, both from the City of Lancaster. The three responded to Council questions. Joe Galiani, 350 Climate Action Group, also responded to Council questions. PUBLIC COMMENT In the interest of time, public comment for this item was moved to the 7 p.m. meeting. •ADJOURNMENT OF STUDY SESSION — 7:13 p.m. Hermosa Beach Page 1 Approved 10/27/2016 City Council Meeting Minutes September 24, 2015 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:30 p.m. PLEDGE OF ALLEGIANCE Marie Rice ROLL CALL Present: DiVirgilio, Fangary, Tucker, Mayor Petty Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no Closed Session this evening, but he spoke to the Closed Session of September 9, 2015, which pertained to terms of the settlement to be paid to E&B, noting that was the only item discussed and no reportable actions were taken. • ANNOUNCEMENTS • Fire Chief Lantzer came forward to address the recent Dockweiler Beach closure. Mayor pro tem Fangary spoke of attending (1) a recent Independent Cities Association meeting where he won a raffle item that he later donated to a Hermosa non-profit; and (2) the Leadership Hermosa event last week in Council Chambers. Mayor Petty announced (1) a water conservation class at the Community Center on Saturday, October, 9 a.m.—noon, which will include a compost giveaway and document shredding; (2) three upcoming prospective council member debates; and (3) the need for host families to house international fellows who will be working with Environmental Analyst Morris and to contact Ms. Morris for more information. PROCLAMATIONS / PRESENTATIONS Mayor Petty presented Fire Chief David Lantzer, who is retiring from the City, with a Certificate of Recognition in appreciation for his excellent service to the community. Chief Lantzer thanked the City Council for all the support given to the Fire Department. Hermosa Beach Page 2 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 Mayor Petty asked that tonight's meeting be adjourned in memory of Tina Brutsch. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Adrienne Slaughter, Hermosa Woman's Club Monique Ehsan Jeff Duclos Myra Telac Dency Nelson Sandy Saemann Allan Mason Betsy Ryan Marie Rice Sheryl Main Craig Cadwallader, Surfrider Foundation South Bay Chapter Tracey Hopkins, Hermosa Neighborhood Watch Founder Jose Bacallao Andrea Valcourt Chris Prenter a) REPORT LETTER FROM JAMES HAUSLE DATED SEPTEMBER 3, 2015 15-0677 REGARDING MARCH 3RD INCIDENT Attachments: Letter from James Hausle.pdf Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. b) REPORT LETTER FROM JACKIE TAGLIAFERRO DATED SEPTEMBER 3, 2015 15-0678 REGARDING MARCH 3RD INCIDENT Attachments: Letter from Jackie Tagliaferro.pdf Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. c) REPORT LETTER FROM MARIANO ALVAREZ DATED SEPTEMBER 14, 2015 15-0686 AND FOLLOW UP LETTER AND ATTACHMENTS DATED Hermosa Beach Page 3 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 SEPTEMBER 16, 2015 REGARDING OCEAN TIRE VIOLATIONS Attachments: Letters and Attachments from Mariano Alvarez.pdf Action: To receive and file the letter. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: a) REPORT 15-0699 Attachments: b) REPORT 15-0674 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(a), (c), (i), (I) and (m), Fangary. APPROVAL OF CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) 070814 Req Mtq draft min 072214 CC req mtg draft min 072914 CC Adj Rea Mtg draft min 082614 Adj Reg CC draft min -study This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Clerk Doerfling responded to Council questions. Action: To approve the minutes of the Regular Meeting of July 8, 2014; Regular Meeting of July 22, 2014; Adjourned Regular Meeting of July 29, 2014; and Adjourned Regular Meeting of August 26, 2014. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 09-03-15 9-10-15 9-10-15a Action: To ratify the check registers as presented. Hermosa Beach Page 4 Approved 10/27/2016 • • City Council Meeting Minutes September 24, 2015 c) REPORT 15-0679 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.doc REPORT 15-0689 Attachments: REPORT 15-0687 Attachments: REPORT 15-0672 Attachments: REPORT 15-0683 This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Ken Robertson) Planning Commission Tentative 10-20-15 Agenda.pdf Action: To receive and file the Planning Commission Tentative Future Agenda Items. REVENUE AND EXPENDITURE REPORTS FOR JULY 2015 (Finance Director Viki Copeland) July 2015 Revenue Status Report July 2015 Expenditure Status Report Action: To receive and file the July 2015 Financial Reports. CITY TREASURER'S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) July'15 Treasurer Report .pdf July 15 Cash Balances Report.pdf Action: To receive and file the Reports. CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve the cancellation of certain checks as recommended by the City Treasurer. Hermosa Beach Page 5 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 h) REPORT 15-0691 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 2015 (Community Development Director Ken Robertson) Attachments: Planning Commission Action Sheet 9-15-15.doc Action: To approve the action sheet of the Planning Commission meeting of September 15, 2015. i) REPORT APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF 15-0649 $296,530 WITH AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND TO PROVIDE PLANNING SERVICES FOR THE STRAND AND PIER HOTEL PROJECT PROPOSED BY BOLOUR ASSOCIATES (Community Development Director Ken Robertson) Attachments: AMEC Professional Agreement- 10 percent contingency AmecFW HermosaPier&StrandHotelElR Final Consultant Proposals Summary of Estimated Budgets This item was pulled by Councilmember Fangary for separate discussion later in the meeting. j) REPORT 15-0668 City Attorney Jenkins responded to Council questions. Action: To approve a Professional Services Agreement in the amount of $296,530 with Amec Foster Wheeler Environment & Infrastructure, Inc. to prepare an Environmental Impact Report and to provide planning services for the Strand and Pier Hotel Project proposed by Bolour Associates. Motion Tucker, second DiVirgilio. The motion carried 3-1, noting the dissenting vote of Fangary. REAPPROPRIATION OF FUNDS FROM 2014-15 TO 2015-16, REVENUE REVISIONS RELATED TO THE REAPPROPRIATIONS (Finance Director Viki Copeland) Attachments: Budget Reappropriation from 2014-15 revised, v3 2015 Revenue Related to Budget Reappropriations, Final Action: To reappropriate amounts in the attached Exhibit A to the FY 2015 16 budget and approve revenue revisions in the attached Exhibit B related to the reappropriations. Totals by fund are highlighted in the attachments. The General Fund amount is $669,492. Hermosa Beach Page 6 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 k) REPORT 15-0684 LEAGUE OF CALIFORNIA CITIES 2015 ANNUAL CONFERENCE RESOLUTIONS (City Manager Tom Bakaly) Attachments: League of CA Cities Annual Conference 2015 - Resolutions Packet.pdf Action: To support the four resolutions introduced by the League of California Cities Annual Conference and provide direction to the voting delegate, Councilmember Peter Tucker, to vote YES on all four resolutions at the League Annual Business Meeting. I) REPORT APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT 15-0670 WITH RINCON CONSULTANTS, INC. TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SKECHERS DESIGN CENTER AND EXECUTIVE OFFICES PROJECT INCLUSIVE OF A PROPOSED OFFICE PROJECT IN MANHATTAN BEACH (Community Development Director Ken Robertson) Attachments: SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES 9-24-15 Exhibit A to 2nd Amendment to Professional Services Agreement SUPPLEMENTAL Information from Community Development Director Ken Robertson (added 9-24-15 at 11am).pdf This item was pulled by Councilmember Fangary for separate discussion later in the meeting. m) REPORT 15-0673 Action: To approve an amendment making changes to the Professional Services Agreement with Rincon Consultants, Inc., originally approved by Council on January 27, 2015, to prepare an Environmental Impact Report (EIR) for the Skechers Design Center and Executive Officers Project to include additional offices proposed in Manhattan Beach. Motion Fangary, second Tucker. The motion carried by a unanimous vote. PROJECT STATUS REPORT AS OF AUGUST 31, 2015 (Public Works Director Andrew Brozyna) Hermosa Beach Page 7 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 Attachments: CIP Project Summary AUG 2015 SUPPLEMENTAL Letter from Howard Longacre (added 9-24-15 at 9am).pdf This item was pulled by Councilmember Fangary for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To receive and file the Project Status Report as of August 31, 2015. Motion Fangary, second DiVirgilio. The motion carried by a unanimous vote. At 8:27 p.m. the order of the agenda moved to item 5(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (c), (i), (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 10:45 p.m., it was moved by Tucker, seconded by DiVirgilio, and unanimously carried, to extend the meeting to midnight, and the order of the agenda moved to agenda item 6(b). 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION TO REVOKE A CONDITIONAL USE PERMIT FOR ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE (THE ESTABLISHMENT) (Community Development Director Ken Robertson) Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:34 p.m. Coming forward to address the Council on this item were: David Lowe, applicant Mark Bolour, Bolour Associates CEO (property owner) Peter Pierce, legal counsel for Lowe Sheryl Main Shane McColgan Ron Newman Sandy Saemann (gave a handout to City Clerk Doerfling) Ryan Bozsan Jose Bacallao Kent Allen, Planning Commissioner Hermosa Beach Page 8 Approved 10/27/2016 • City Council Meeting Minutes September 24, 2015 Brian Herlihy, Fish Shop Co -Owner Julian Katz Jeff Duclos Ron Pizer, Planning Commissioner George Barks The public hearing closed at 9:07 p.m. Action: To direct staff to return with a resolution on October 13 to modify Condition 3, which requires the applicant to submit quarterly records of food and alcohol sales audited by a Certified Public Accountant, and instead bring this Condition into alignment with recent code updates that make food sales ratio checks only an issue when other code enforcement issues exist, with a clear understanding that when the resolution comes back the property owner will have taken control of the property from the tenant. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. At 9:48 p.m. the meeting recessed. At 10:05 p.m. the meeting reconvened, with agenda item 4. 6. MUNICIPAL MATTERS • a) REPORT REPORT REGARDING INVESTIGATION OF THE CIRCUMSTANCES OF 15-0688 THE POLICE DEPARTMENT INTERACTION WITH CHRIS MILLER ON MARCH 3, 2015 IN FRONT OF THE STANDING ROOM, RELATED RESPONSE AND POLICE DEPARTMENT PROCESS IMPROVEMENTS (City Manager Tom Bakaly) • Attachments: August 25, 2015 Staff Report.pdf March 3, 2015 Synopsis of Evidence.pdf Apology to Community - City Manager and Police Chief.pdf Public Records Request Process Improvements - Flow Chart.pdf City Manager Bakaly and Police Chief Papa presented the report and responded to Council questions. Coming forward to address the Council on this item were: Jose Bacallao Katrina Bacallao Andrea Jacobsson Sheryl Main Lynne Pope George Barks Sandy Saemann Hermosa Beach Page 9 Approved 10/27/2016 City Council Meeting Minutes September 24, 2015 b) REPORT 15-0696 Action: To receive and file; and to direct staff to return in January with a progress report on policy adaptation and other related items. Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote. At this time, the order of the agenda moved to agenda item 6(c). CONSIDERATION OF APPOINTMENT OR SPECIAL ELECTION TO FILL THE CURRENT VACANCY ON THE CITY COUNCIL (City Clerk Elaine Doerfling) Attachments: SUPPLEMENTAL Letter from Claudia Berman (added 9-22-15 at 1 pm).pdf SUPPLEMENTAL Letter from Jeffrey Davis (added 9-22-15 at 6pm).pdf SUPPLEMENTAL Letter from Nadine Skye -Davis (added 9-22-15 at 6pm).pdf SUPPLEMENTAL Letter from Robert Fortunato (added 9-23-15 at 10am).pdf SUPPLEMENTAL Information from City Clerk Elaine Doerfling (added 9-24-15 at 430pm).pdf City Clerk Doerfling 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: Alex Smith Stephanie Solomon Sheryl Main Andrea Jacobsson Alice Villalobos Jose Bacallao Dency Nelson JR Reviczky George Barks Julian Katz Marie Rice Andrea Valcourt Ron Newman Joe Mark Sandy Saemann Lauren Pizer Mains Action: To direct the City Clerk to return with appropriate documents for the Council to call an all -mail ballot special election to fill the vacancy, with a suggested election date of March 10, 2016. Motion Fangary, second Tucker. The motion carried by a unanimous vote. At 11:38 p.m. the meeting recessed. • At 11:53 p.m. the meeting reconvened, with agenda item 6(a). Hermosa Beach Page 10 Approved 10/27/2016 City Council Meeting Minutes September 24, 2015 • c) REPORT 15-0690 d) REPORT 15-0698 COMMUNITY POLICE ADVISORY BOARD UPDATE (Police Chief Sharon Papa) No one came forward to address the Council on this item. Action: To confirm staff moving forward with the Community Police Advisory Board. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. At this time, the order of the agenda moved to item 6(e). DIRECTION REGARDING THE CITY'S NOTICE PROCEDURES FOR PUBLIC MEETINGS AND OTHER ACTIVITIES/EVENTS AS NEEDED (Community Development Director Ken Robertson) (Staff Report Amended 9-21-15 at 12:OOpm) Attachments: SUPPLEMENTAL Memorandum from Community Development Director Ken Roberston dated 9-21-15.doc Planning Commission 9-15-15 Staff Report.pdf City Council 7-28-15 Staff Report Public Noticing.pdf Letter from Jeff Miller submitted by Hany Fangary as Supplemental to 7-28-15 Staff Report.pdf This item was continued. e) REPORT APPOINTMENT OF CITY MANAGER COMPENSATION NEGOTIATING 15-0676 COMMITTEE (City Attorney Mike Jenkins) Action: To select Mayor Petty and Councilmember Tucker to serve as an ad hoc negotiating committee to negotiate with the City Manager as necessary in connection with consideration of his 2015 bonus and 2016 compensation. Motion DiVirgilio, second Petty. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None At this time, the order of the agenda moved to item 8(b). ip 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL Hermosa Beach Page 11 Approved 10/27/2016 City Council Meeting Minutes September 24, 2015 • a) REPORT CITY COUNCIL COMMITTEE ASSIGNMENTS - SEPTEMBER 2015 15-0682 (City Clerk Elaine Doerfling) • Attachments: Committee List Committeelnformation SBCCOG 2015 Reso b) REPORT 15-0685 This item was continued. VACANCIES - BOARDS AND COMMISSIONS - UNEXPIRED TERM - PUBLIC WORKS COMMISSION - SCHEDULE INTERVIEWS (City Clerk Elaine Doerfling) Attachments: PW apps - Sep 2015 Action: To schedule a meeting at 5:30 p.m. October 27, 2015, for the purpose of interviewing Public Works Commission applicants to fill the unexpired term ending October 31, 2018; and direct the City Clerk to extend the filing period to October 20, 2015 and to re -advertise for applicants. Motion Fangary, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT The Adjourned Regular City Council Meeting of Thursday, September 24, 2015, adjourned in memory of Tina Brutsch at 12:56 a.m. on Friday, September 25, 2015, to an Adjourned Regular Meeting on October 13, 2015, starting with a 5 p.m. Closed Session, followed at 7 p.m. by the Regular Meeting. • City Clerk Elaine Doerfli Deputy City Clerk Linda Abbott Hermosa Beach Page 12 Approved 10/27/2016