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HomeMy WebLinkAbout12-12-2022 - Agenda Pkg - CC Special MeetingCity Council City of Hermosa Beach Special Meeting Agenda City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Mayor Michael Detoy Mayor Pro Tem Raymond Jackson Councilmembers Stacey Armato Mary Campbell Justin Massey 5:00 PMMonday, December 12, 2022 Hybrid virtual/in-person meetings are held pursuant to AB361 PUBLIC MEETING VIEWING OPTIONS The public may participate via the following: 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT092 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 As a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live-time viewing and/or public participation, members of the public shall attend in Council Chambers or log in via ZOOM. 4. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach 5. YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 6. LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View City Council staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page. Council Chambers WiFi Network ID: CHB-Guest Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. Page 1 City of Hermosa Beach Printed on 5/25/2023 1 December 12, 2022City Council Special Meeting Agenda Submit Supplemental eComments Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. Page 2 City of Hermosa Beach Printed on 5/25/2023 2 December 12, 2022City Council Special Meeting Agenda 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 on Monday, December 12, 2022 at 5:00 PM to consider and take action on only those matters set forth on the agenda below. 5:00 PM - CERTIFICATION OF ELECTION, SEATING OF NEW COUNCILMEMBERS, AND MAYORAL TRANSITION I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. NATIONAL ANTHEM IV. ROLL CALL V. APPROVAL OF AGENDA VI. PUBLIC COMMENT ON AGENDA ITEMS ONLY The public is invited to attend and provide public comment. Public comments are limited to 3 minutes per speaker. 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 and use 'Raise Hand' feature. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to 'Raise Hand' and then *6 to unmute yourself line when prompted. 4. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date. 5. ECOMMENT - Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. VII. PRESENTATIONS RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 (City Clerk Myra Maravilla) a) RECOGNITION OF OUTGOING COUNCILMEMBERSb) CITY CLERK TO ADMINISTER THE OATH OF OFFICE TO NEWLY ELECTED MEMBERS OF THE CITY COUNCIL RAYMOND A. JACKSON, DEAN FRANCOIS, AND ROB SAEMANN c) Page 3 City of Hermosa Beach Printed on 5/25/2023 3 December 12, 2022City Council Special Meeting Agenda APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION-DECEMBER 2022 (City Clerk Myra Maravilla) d) RECOGNITION OF OUTGOING MAYORe) VIII. ANNOUNCEMENTS IX. ADJOURNMENT Page 4 City of Hermosa Beach Printed on 5/25/2023 4 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0782 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of December 12, 2022 RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council adopt a resolution of the City Council of the City of Hermosa Beach, California,reciting the fact of the General Municipal Election held on Tuesday,November 8,2022, declaring the results and such other matters as provided by law (Attachment 2). Executive Summary: The City of Hermosa Beach consolidated its General Municipal Election with the Statewide General Municipal Election held on Tuesday,November 8,2022.This election was coordinated by the Los Angeles County Registrar-Recorder/County Clerk,and the results were certified by the Los Angeles County Board of Supervisors on December 6, 2022. Background: The General Municipal Election took place on November 8,2022 for the election of three Members of the City Council and four ballot measures.At its June 14,2022 meeting,Council consolidated the City’s General Municipal Election with the Statewide General Election and requested the Los Angeles Registrar-Recorder/County Clerk render services for the coordination of the election.At its July 26, 2022 meeting,City Council voted to place four ballot measures on the same ballot:Measure B (Sales Tax);Measure M (Cannabis Initiative Petition);Measure T (Cannabis Tax);and Measure U (Civil Service Update). Past Board, Commission and Council Actions Meeting Date Description June 14, 2022 City Council adopted a resolution calling and giving notice of the election for certain officers and one or more measures. July 26, 2022 City Council placed Measure M (Cannabis Initiative), Measure T (Cannabis Tax), Measures B (Sales Tax), and U (Civil Service Update) on the ballot. City of Hermosa Beach Printed on 12/8/2022Page 1 of 3 powered by Legistar™5 Staff Report REPORT 22-0782Meeting Date Description June 14, 2022 City Council adopted a resolution calling and giving notice of the election for certain officers and one or more measures. July 26, 2022 City Council placed Measure M (Cannabis Initiative), Measure T (Cannabis Tax), Measures B (Sales Tax), and U (Civil Service Update) on the ballot. Discussion: Staff recommends City Council approve the resolution (Attachment 2)reciting the fact of the General Municipal Election held on Tuesday,November 8,2022,declaring the results of the General Municipal Election. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policy: ·1.1 Open meetings.Maintain the community’s trust by holding meetings in which decisions are being made,that are open and available for all community members to attend,participate, or view remotely. Goal 2. The community is active and engaged in decision-making processes. Policies: ·2.3 Public participation guidelines.Establish parameters and guidelines to ensure public participation is promoted through diverse methods. ·2.4 Public forums.Host periodic public forums on issues important to the community, facilitating these forums with the purpose of guiding City policy. ·2.5 Notification of decision-making.Centralize or consolidate community-wide mailing lists that include representation from homeowners associations,neighborhood and service groups, the school districts, the business community and other interest groups. ·2.6 Responsive to community needs.Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. ·2.7 Major planning efforts.Require major planning efforts,policies,or projects to include a public engagement effort. 4.1 Shared parking. Fiscal Impact: There is no fiscal impact associated with the recommended action. City of Hermosa Beach Printed on 12/8/2022Page 2 of 3 powered by Legistar™6 Staff Report REPORT 22-0782 Attachments: 1. Statement of Votes Cast 2. Resolution Certifying Election Results 3. Link to June 14, 2022 City Council Staff Report 4. Link to July 26, 2022 City Council Agenda Respectfully Submitted by: Myra Maravilla, City Clerk Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/8/2022Page 3 of 3 powered by Legistar™7 8 9 10 11 12 13 14 15 16 17 18 19 Page 1 of 4 RES NO. 22- CITY OF HERMOSA BEACH RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Hermosa Beach, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed; and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election s Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 22-7315 adopted June 14, 2022, the County Election Department canvassed the returns of the election and has certified the results of the City Council, the results are received, attached and made a part hereof as “Exhibit A.” NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That there were four (4) voting precincts established in the City for the purpose of holding said election. That the whole number of ballots cast in the precincts (except Vote by Mail and Provisional voter ballots) was 1,763, and the whole number of Vote by Mail and Provisional voter ballots cast in the City was 7,088, making a total of 8,851 ballots case in the City. SECTION 2. That the names of the persons voted for at the election for Member of the City Council were as follows: 20 Page 2 of 4 RES NO. 22- Jeff Raedy Rob Saemann Matt McCool Kieran Harrington Dean Francois Raymond A. Jackson Daniel F. Godwin Rita A. Gerace That the measures voted upon at the election are as follows: MEASURE B. To maintain Hermosa Beach's long-term financial stability with locally controlled funds, to be used for programs such as public safety/911 response, enforcement against property crime; street/ pothole repair; protection of beach/coastal waters; school safety; cleaning of public areas; retention/attraction of local businesses; homeless services and for general governmental use; shall an ordinance be adopted establishing a ¾¢ sales tax requiring public spending disclosure/independent audits, generating approximately $3,000,000 annually until ended by voters? YES on Measure B NO on Measure B MEASURE M. Shall an ordinance proposed by initiative petition be adopted that repeals the City's existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses, including home delivery from those stores? YES on Measure M NO on Measure M MEASURE T. Shall an ordinance be adopted enacting a local business tax on cannabis/hemp businesses up to $20.00 per square foot for cultivation and up to 10% of gross receipts for all other cannabis/hemp businesses, estimated to generate $700,000 - $1,500,000 annually (assuming two retail stores operating and taxed at maximum rate), until ended by voters, for general governmental use, subject to independent audits, to be effective only if cannabis business operations are allowed in the City? YES on Measure T NO on Measure T MEASURE U. Shall Ordinance No. N.S. 211, establishing a civil service system, adopted on June 7, 1960, be repealed to enable the Hermosa Beach City Council to adopt an updated personnel/civil service ordinance? YES on Measure U NO on Measure U SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above names for the respective office for which the persons were candidates were listed in “Exhibit A.” SECTION 4. That the City Council does declare and determine that: 21 Page 3 of 4 RES NO. 22- • Raymond A. Jackson was elected as Member of the City Council for the full term of four (4) years; • Dean Francois was elected as Member of the City Council for the full term of four (4) years; • Rob Saemann was elected as Member of the City Council for the full term of four (4) years; • The majority of those casting votes on Measure B voted against it, and the measure failed; • The majority of those casting votes on Measure M voted against it, and the measure failed; • The majority of those casting votes on Measure T voted in favor of it, and the measure was carried and shall be deemed adopted and ratified; • The majority of those casting votes on Measure U voted in favor of it, and the measure was carried and shall be deemed adopted and ratified. SECTION 5. That the City Clerk shall enter in the records of the City Council of the City of Hermosa Beach a statement of the results of the election, showing: (a) the whole number of ballots cast in the City; (b) the names of the persons voted for; (c) for what the office each person was voted for; (d) the number of votes given at each precinct to each person. SECTION 6. That the City Clerk shall immediately make and present to the person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribed to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective offices to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, APPROVED and ADOPTED on this 12th day of December, 2022. 22 Page 4 of 4 RES NO. 22- Mayor Michael Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 23 EXHIBIT "A" CERTIFICATE OF THE CANVASS OF ELECTION RESULTS & STATEMENT OF VOTES CAST 24 25 26 27 28 29 30 31 32 33 34 35 CITY OF HERMOSA BEACH ORDINANCE NO. 22- AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 3.44 (CANNABIS BUSINESS TAX) TO TITLE 3 (REVENUE AND FINANCE) OF THE HERMOSA BEACH MUNICIPAL CODE ESTABLISHING A TAX ON CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF HERMOSA BEACH NOW THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of Hermosa Beach at the Regular Municipal Election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Chapter 3.44 (Cannabis Business Tax) is hereby added to Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code to read as follows: "Chapter 3.44 CANNABIS BUSINESS TAX 3.44.010 Title. 3.44.020 Authority and purpose. 3.44.030 Intent. 3.44.040 Definitions. 3.44.050 Tax imposed. 3.44.060 Registration, reporting, and remittance of tax. 3.44.070 Payments and communications — timely remittance. 3.44.080 Payment — when taxes deemed delinquent. 3.44.090 Notice not required by City. 3.44.100 Penalties and interest. 3.44.110 Refunds and credits. 3.44.120 Refunds and procedures. 3.44.130 Personal cultivation not taxed. 3.44.140 Administration of the tax. 3.44.150 Appeal procedure. 3.44.160 Enforcement — action to collect. 3.44.170 Apportionment. 3.44.180 Constitutionality and legality. 3.44.190 Audit and examination of premises and records. 3.44.200 Other licenses, permits, taxes or charges. 3.44.210 Payment of tax does not authorize unlawful business. 3.44.220 Deficiency determinations. 3.44.230 Failure to report — nonpayment, fraud. 3.44.240 Tax assessment — notice requirements. 3.44.250 Tax assessment — hearing, application, and determination. EXHIBIT "B" 36 3.44.260 Conviction for violation — taxes not waived. 3.44.270 Violation deemed misdemeanor. 3.44.280 Severability. 3.44.290 Remedies cumulative. 3.44.300 Amendment or repeal. 3.44.010 Title. This ordinance shall be known as the Cannabis Business Tax Ordinance. 3.44.020 Authority and Purpose. The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon cannabis businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts except for commercial cannabis or industrial hemp cultivation which shall be taxed on square footage. It is not a sales and use tax, a tax upon income, or a tax upon real property. The Cannabis Business Tax is a general tax enacted solely for unrestricted general governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and be available for any lawful municipal purpose. The tax established under this Chapter shall not be separately identified or otherwise specifically assessed or charged to any customer or client of a cannabis business. 3.44.030 Intent. The intent of this Ordinance is to levy a tax on all cannabis or industrial hemp businesses that operate in the City, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. 3.44.040 Definitions. The following words and phrases shall have the meanings set forth below when used in this chapter: A. "Business" shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer. 37 B. "Calendar year" means January 1 through December 31, of the same year. C. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" shall not include "industrial hemp," unless otherwise specified. D. "Cannabis product" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Cannabis product" also means cannabis products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products. E. "Canopy" means all areas occupied by any portion of a cannabis or industrial hemp plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area. F. "Cannabis business" means any business involving cannabis or industrial hemp, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, cannabis products, industrial hemp, industrial hemp products or of ancillary products and accessories, whether or not carried on for gain or profit. G. "Cannabis business tax" or "business tax," means the tax due pursuant to this chapter for engaging in a cannabis business in the City. H. "Commercial cannabis cultivation" means cultivation of cannabis or industrial hemp undertaken in the course of conducting a cannabis business. I. "Commercial cannabis permit" means a permit issued by the City to a person to authorize that person to operate or engage in a cannabis business within the City. J. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis or industrial hemp and includes, but is not limited to, the operation of a nursery. 38 K. "Employee" means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation. L. "Engaged in a cannabis business" means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if: 1. Such person or person's employee maintains a fixed place of business within the City for the benefit or partial benefit of such person; 2. Such person or person's employee owns or leases real property within the City for business purposes; 3. Such person or person's employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business; 4. Such person or person's employee regularly conducts solicitation of business within the City; or 5. Such person or person's employee performs work or renders services in the City. The foregoing specified activities shall not be a limitation on the meaning of "engaged in business." M. "Evidence of doing business" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City. N. "Gross Receipts," except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, slotting fee, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act 39 or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from Gross Receipts: 1. Cash discounts where allowed and taken on sales; 2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts; 4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business; 5. Cash value of sales, trades or transactions between departments or units of the same business located in the City of Hermosa Beach or if authorized by the Tax Administrator in writing in accordance with section 3.44.140(B); 6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the period they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered; 7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded; 8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the Tax Administrator with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees; 40 9. Retail sales of t-shirts, sweaters, hats, stickers, key chains, bags, books, posters, rolling papers, cannabis accessories such as pipes, pipe screens, vape pen batteries (without cannabis or industrial hemp) or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per Section 3.44.140 shall not be subject to the cannabis business tax under this chapter. However, any business activities not subject to this chapter as a result of an administrative ruling shall be subject to the appropriate business tax provisions of Title 3 or any other Title or Chapter of this code as determined by the Tax Administrator. O. "Industrial hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. P. "Industrial hemp products" "Industrial hemp products" means any raw hemp that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Hemp product" also means hemp products as defined by Section 11018.5 of the California Health and Safety Code. Q. "Nursery" means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis or industrial hemp industrial hemp. R. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number. S. "Processing" means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis, industrial hemp and non-manufactured cannabis products. T. “Retail Sale,” "Sale," "Sell" and "to sell" means and includes any retail sale, exchange, or barter. It shall also mean any transaction whereby, for any consideration, title to cannabis, cannabis products, industrial hemp and/or industrial hemp products are transferred from one person to another and includes the delivery of cannabis, cannabis products, industrial hemp and/or industrial 41 hemp products pursuant to an order placed for the purchase of the same, but does not include the return of cannabis, cannabis products, industrial hemp and/or industrial hemp products to the licensee from whom the cannabis, cannabis product, industrial hemp and/or industrial hemp product was purchased. U. "State" means the State of California. V. "State license," "license," or "registration" means a state license issued pursuant to California Business & Professions Code Section 26050, and all other applicable state laws, required for operating a cannabis business. W. "Tax Administrator" means the Director of Finance of the City of Hermosa Beach or his or her designee. X. "Testing Laboratory" means a cannabis business that (i) offers or performs tests of cannabis, cannabis products, industrial hemp and/or industrial hemp products (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state and (v) is registered with the Bureau of Cannabis Control or other state agency. 3.44.050 Tax Imposed. A. Beginning January 1, 2023, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the business has been issued a business license or commercial cannabis permit to operate lawfully in the City or is operating unlawfully. The City's acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the City's approval or consent to such illegal operations. B. The maximum rate of the cannabis business tax shall be calculated as follows: 1. For every person engaged in commercial cannabis cultivation, including cultivation of industrial hemp, in the City, the maximum rate shall be Twenty dollars ($20.00) per square foot of canopy space used for cultivation or nursery. a. On January 1, 2024 and on each January 1 thereafter, the maximum tax rate specified above shall increase by the percentage increase in the Consumer Price Index ("CPI") for all urban 42 consumers in the Los Angeles-Long Beach-Anaheim area as published by the United States Government Bureau of Labor Statistics or three percent (3%) whichever is greater. 2. For every person engaged in the operation of a testing laboratory, retail sales, distribution, manufacturing and/or processing for cannabis, cannabis products, industrial hemp and/or industrial hemp products, or any other type of cannabis business not described in this section 3.44.050 said person shall be subject to the maximum tax rate not to exceed ten percent (10%) of gross receipts generated by that cannabis business activity. C. Persons subject to the cannabis business tax shall register with the City and pay the registration fee pursuant to Section 3.44.060. They shall also be required to obtain a business license pursuant to Title 5 of this code; provided, however, that cannabis business activities subject to the cannabis business tax shall be excluded from determining the amount of any business license tax payable under Title 5. D. The rates set forth above may be adjusted by the City Council from time to time as more particularly described in Section 3.44.300, by ordinance or resolution, subject to the maximum rates set forth in subparagraph (B) above. 3.44.060 Registration, reporting and remittance of tax. A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows: 1. All persons engaging in business as a cannabis business, whether an existing, newly established or acquired business shall register with the Tax Administrator upon receipt of any other required entitlements from the City and prior to commencing operation and shall annually renew such registration on or prior to the annual anniversary of the registration each year thereafter. In registering, such persons shall furnish to the Tax Administrator a sworn statement, upon a form provided by the Tax Administrator, setting forth the following information: a. The name of the business; b. The names and addresses of each owner; c. The exact nature or kind of business; d. The place where such business is to be carried on; and 43 e. Any additional information which the Tax Administrator may require. B. An annual registration fee in an amount determined by resolution of the City Council shall be presented with the sworn statement submitted under this section. This fee shall not be considered a tax and shall be in such amount as to only recover the City’s actual cost of processing registration and enforcement. C. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax each calendar month shall, no later than the fifteenth day following the close of the calendar month, file with the Tax Administrator a statement ("tax statement") of the tax owed for that calendar month and the basis for calculating that tax. The Tax Administrator may require that the tax statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar month shall be due and payable on that same date that the tax statement for the calendar month is due. D. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up to the calendar month during which cessation occurred. E. The Tax Administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure effective collection of the cannabis business tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Tax Administrator may require that a taxpayer make payments via a cashier's check, money order, wire transfer, or similar instrument. 3.44.070 Payments and communications - timely remittance. Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator or postmarked on or before the final due date. If the due date would fall on a Friday, Saturday, Sunday, or a holiday observed by the City, the due date shall be the next regular business day on which the City is open to the public. 3.44.080 Payment - when taxes deemed delinquent. 44 Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 3.44.060 and 3.44.070. 3.44.090 Notice not required by the City. The City may as a courtesy send a tax notice to the cannabis business which owes the City a cannabis business tax. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. 3.44.100 Penalties and interest. A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows: 1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1.0%) per month. 2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1.0%) per month on the unpaid tax and on the unpaid penalties 3. Interest shall be applied at the rate of one percent (1.0%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full. B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this chapter, and any other amount allowed under state law. 3.44.110 Refunds and credits. A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in Section 3.44.120. 45 B. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a business. 3.44.120 Refunds and procedures. A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one (1) year of the date the tax was originally due or paid, whichever came first. B. The Tax Administrator, his or her designee or any other City officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so. C. In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid; provided that (i) a claim for refund has been timely filed with the Tax Administrator; and (ii) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the twelve months preceding the last month for which the claim states the tax was overpaid. 3.44.130 Personal Cultivation Not Taxed. The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the "Medicinal and Adult Use Cannabis Regulation and Safety Act," as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use. 3.44.140 Administration of the tax. A. It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this chapter. 46 B. For purposes of administration and enforcement of this chapter generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement. C. The Tax Administrator may take such administrative actions as needed to administer the cannabis business tax, including but not limited to: 1. Provide to all cannabis business taxpayers forms for the reporting of the tax; 2. Provide information to any taxpayer concerning the provisions of this chapter; 3. Receive and record all taxes remitted to the City as provided in this chapter; 4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter; 5. Assess penalties and interest to taxpayers pursuant to this chapter; 6. Determine amounts owed under and enforce collection pursuant to this chapter. 3.44.150 Appeal procedure. Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this chapter may appeal to the City Manager by filing a notice of appeal with the City Clerk within thirty (30) calendar days of the serving or mailing of the Tax Administrator's determination of the amount due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk, or his or her designee, shall give notice in writing to such operator at the last known place of address. The finding of the City Manager shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this section 3.44.150 for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. 3.44.160 Enforcement - action to collect. 47 Any taxes, penalties and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter. 3.44.170 Apportionment. If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary. 3.44.180 Constitutionality and legality. This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax. 3.44.190 Audit and examination of premises and records. A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records. 48 B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee shall have the right to inspect at all reasonable times. 3.44.200 Other licenses, permits, taxes, fees or charges. A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit or City license required by, under or by virtue of any provision of any other Title or Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Title or Chapter of this code or any other ordinance or resolution of the City. Any references made or contained in any other Title or Chapter of this code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other Titles or Chapters of this code. B. The Tax Administrator may revoke or refuse to renew the license required by Section 5.04.020 of this code for any business that is delinquent in the payment of any tax due pursuant to this section or that fails to make a deposit required by the Tax Administrator pursuant to Section 3.44.060. A commercial cannabis permit issued under the Hermosa Beach Municipal Code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (i) make a deposit required by the Tax Administrator pursuant to Section 3.44.060(E) or (ii) timely pay all taxes, interest and penalties owed by that business under this chapter. 3.44.210 Payment of tax does not authorize unlawful business. A. The payment of a cannabis business tax required by this chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws. B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law. 49 3.44.220 Deficiency determinations. If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person ceases engaging in a cannabis business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3.44.240. 3.44.230 Failure to report—nonpayment, fraud. A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time: 1. If the person has not filed a complete statement required under the provisions of this chapter; 2. If the person has not paid the tax due under the provisions of this chapter; 3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or 4. If the Tax Administrator determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law. B. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's 50 knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. 3.44.240 Tax assessment - notice requirements. The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purpose of Section 3.44.240, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by mail shall be deemed to have occurred three (3) days following deposit in the United States mail. 3.44.250 Tax assessment - hearing, application and determination. Within thirty (30) calendar days after the date of service of the notice of assessment the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) calendar days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five (5) calendar days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess (if necessary) the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section 3.44.240 for giving notice of assessment. 3.44.260 Conviction for violation - taxes not waived. The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a 51 criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes. 3.44.270 Violation deemed misdemeanor. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. 3.44.280 Severability. If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable. 3.44.290 Remedies cumulative. All remedies and penalties prescribed by this chapter or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. 3.44.300 Amendment or modification. Except as set forth in this section 3.44.300, this chapter, or any section of this chapter, may be amended, modified or temporarily suspended, but not repealed by the City Council without a vote of the people. However, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate or methodology of any tax levied pursuant to this chapter. The people of the City of Hermosa Beach affirm that the following actions shall not constitute an increase of the rate or methodology of a tax: A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the City Council has previously acted to reduce the rate of the tax or is incrementally implementing an increase authorized by this chapter; B. An action that interprets or clarifies (i) the methodology of applying or calculating the tax or (ii) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or 52 C. The collection of the tax imposed by this chapter even if the City had, for some period of time, suspended or failed to collect the tax.” SECTION 2. Pursuant to Article XIIIB of the California Constitution, the appropriation limit for the City of Hermosa Beach is increased to the maximum extent over the maximum period of time allowed under law consistent with the revenues generated by the tax established by this Ordinance. SECTION 3. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Ordinance, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 4. Pursuant to California Constitution Article XIIIC §(2)(b) and California Elections Code §9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Hermosa Beach voting at the Regular Municipal Election to be held on November 8, 2022, and shall take effect ten (10) days after the City Council has certified the results of the Regular Municipal Election by resolution. SECTION 5. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2022, by signing where indicated below. 53 I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the people of the City of Hermosa Beach on the 8th day of November 2022. CITY OF HERMOSA BEACH MICHAEL DETOY, MAYOR ATTEST: _________________________________ MYRA MARAVILLA CITY CLERK 54 CITY OF HERMOSA BEACH ORDINANCE NO. 22- AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CA REPEALING ORDINANCE NO. N.S. 211, ADOPTED ON JUNE 7, 1960 AND CODIFIED IN CHAPTER 2.76 OF THE HERMOSA BEACH MUNICIPAL CODE The People of the City of Hermosa Beach do hereby Ordain as Follows: SECTION 1. Ordinance No. N.S. 211, codified at Chapter 2.76 of the Hermosa Beach Municipal Code, is hereby repealed. PASSED, APPROVED and ADOPTED by the PEOPLE OF THE CITY OF HERMOSA BEACH at a General Municipal Election held on the 8th day of November, 2022. __________________________________________________________________________ Michael Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ____________________________________ ___________________________________ Myra Maravilla Michael Jenkins City Clerk City Attorney EXHIBIT "C" 55 City Council Special Meeting (Certification of Election, Seating of new Councilmembers, and Mayoral Transition) 12-12-22 17:00 Agenda Name Comments Support Oppose Neutral a) REPORT 22-0782 RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 (City Clerk Myra Maravilla) 1 0 1 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for a) REPORT 22-0782 RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 (City Clerk Myra Maravilla) Overall Sentiment Howard L Location: Submitted At: 2:42pm 12-12-22 To All: All should thank especially the candidates who did not win. Virtually all five of the eight not succeeding would have made excellent councilmembers. Please stay involved as the next election is less than 2 years away. Those are; Jeff Raedy Matt McCool 56 Kieran Harrington Daniel F. Godwin Rita A. Garace No thanks go to City Manager Suja Lowenthal who could have ensured that the three candidate Forums replayed and/or played LIVE perfectly in the people’s homes on cable TV but was too busy being absent from city to care. Note: All eight candidates should be refunded the $400 that each paid the county through the Hermosa City Clerk for the printing of a candidate statement in the local election L.A. County Sample Ballot pamphlet. The County failed to timely deliver the ballot pamphlets. Disgraceful! It’s only right that the Clerk refund that money to all eight candidates and demand it back from the County. My Views. Howard L 57 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0804 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of December 12, 2022 RECOGNITION OF OUTGOING COUNCILMEMBERS City of Hermosa Beach Printed on 12/8/2022Page 1 of 1 powered by Legistar™58 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0803 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of December 12, 2022 CITY CLERK TO ADMINISTER THE OATH OF OFFICE TO NEWLY ELECTED MEMBERS OF THE CITY COUNCIL RAYMOND A. JACKSON, DEAN FRANCOIS, AND ROB SAEMANN City of Hermosa Beach Printed on 12/8/2022Page 1 of 1 powered by Legistar™59 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 22-0802 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of December 12, 2022 APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE AND COUNCIL COMMITTEE REORGANIZATION-DECEMBER 2022 (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council: 1.Appoint a Mayor for a 9.6-month term ending September 28, 2023; 2.Appoint a Mayor Pro Tempore for a 9.6-month term ending September 28, 2023; 3.Appoint the new Mayor to the Los Angeles County-City Selection Committee; 4.Appoint the new Mayor to the South Bay Cities Sanitation District Board of Directors; and 5.Appoint the new Mayor Pro Tempore,or Councilmember,to serve as the South Bay Cities Sanitation District Board Alternate Director. Executive Summary: In accordance with Resolution 20-7265,City Council shall appoint the positions of Mayor and Mayor Pro Tempore,each for 9.6-month terms ending September 28,2023.Council must subsequently make committee appointments in accordance with State law and Council policy. Background: At its October 13,2020 meeting,City Council adopted Resolution 20-7265 governing the selection of the Mayor and Mayor Pro Tempore (Attachment 1). Past Council Actions Meeting Date Description October 13, 202 0 City Council established a policy for the selection of Mayor and Mayor Pro Tempore City of Hermosa Beach Printed on 12/8/2022Page 1 of 3 powered by Legistar™60 Staff Report REPORT 22-0802 Discussion: In accordance with the formal policy established by Resolution 20-7265,City Council shall appoint the positions of Mayor and Mayor Pro Tempore,each for 9.6-month terms ending September 28, 2023. In conformance with State law,after appointing a new Mayor and Mayor Pro Tempore,the City Council must make the following committee appointments: 1.Mayor to the Los Angeles County-City Selection Committee. Authority in Government Code Section 50270.The committee shall consist of the mayor of each city within the county.When the major is unable to attend a meeting,the mayor shall designate another member of the city council to attend and vote at the meeting as the mayor’s representative {Gov’t Code § 50271}. 2.Mayor to the South Bay Cities Sanitation District Board of Directors and Mayor Pro Tempore (or Councilmember) to serve as alternate director. Authority in Health and Safety Code Section 4730.The presiding officer of the governing body of each city within the district is a member of the Board of Directors,and another councilmember shall be appointed as an alternate director to act as a member of the district board in place of the presiding officer during such person’s absence, inability, or refusal to act. Re-assigning committee delegates/alternates to the remaining committees (consistent with the Council policy to maintain permanent representatives whenever possible)or re-affirming current committee assignments,along with adding or deleting committees as appropriate,will be considered at the regular meeting of December 13, 2022. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1. Resolution No. 20-7265 Appointment of Mayor and Mayor Pro Tempore 2. Committee Appointment List 3. Committee Information 4. Hermosa Beach Leader’s Guide-Governance Respectfully Submitted by: Myra Maravilla, City Clerk City of Hermosa Beach Printed on 12/8/2022Page 2 of 3 powered by Legistar™61 Staff Report REPORT 22-0802 Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/8/2022Page 3 of 3 powered by Legistar™62 Page 1 of 3 20-7265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 20-7265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REGARDING APPOINTMENT OF THE MAYOR AND MAYOR PRO TEMPORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. 1. As a general law city, the provisions of Government Code section 36801 govern the selection of the City’s mayor and mayor pro tempore. 2. The city council of a general law city may choose any one of its members to serve as mayor and any one of its members to serve as mayor pro tempore. The mayor and mayor pro tempore serve at the pleasure of the city council and may be replaced at any time. 3. The criteria for selecting which councilmembers will serve in these capacities and the length of time they will serve is entirely within the discretion of the city council. 4. The City has typically followed a nonbinding mayoral rotation practice based on seniority and election vote tallies. Although past City Councils periodically deviated from the anticipated rotation, the November 2019 deviation from that practice is the subject of pending litigation against the City. 5. It is the intent of the City Council by adopting this policy to replace and supersede any and all previous mayoral rotation/selection practices and policies to the extent such policies exist. SECTION 2. Mayoral Term. 1. In November 2020 and 2021, the City Council may select from among its membership a mayor and a mayor pro tempore on a date during the month of November. Subject to the provisions of paragraph 3 of this Section 2, the term may be for one year. 2. In November 2022, at the City Council meeting at which the results of the election are certified, and each 9.6 months thereafter, the City Council may select from among its membership a mayor and a mayor pro tempore. Subject to the provisions of paragraph 3 of this Section 2, the term may be for 9.6 months. 3. The mayor and mayor pro tempore will serve until the next mayor or mayor pro tempore have been selected. Consistent with Government Code section 36801, the mayor and/or mayor pro tempore may be replaced at any time during their respective terms. SECTION 3. Selection of Mayor and Mayor Pro Tempore. 63 Page 2 of 3 20-7265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Consistent with Government Code section 36801, the City Council may in its sole discretion and by majority vote of the Councilmembers present and voting appoint from among its membership a mayor and mayor pro tempore. 2. Consistent with Government Code section 36801, the mayor and the mayor pro tempore shall serve at the pleasure of the City Council. SECTION 4. Discretionary Criteria. The City Council may, in its sole discretion, consider the following factors when selecting a mayor and mayor pro tempore: 1. The mayor pro tempore may next succeed the incumbent mayor. 2. Each Councilmember may be afforded the opportunity to serve as mayor pro tempore and mayor during his or her term of office. 3. A Councilmember should generally serve one full year on Council before selection as mayor or mayor pro tempore. 4. Priority for selection of mayor pro tempore may be given to a member who has not previously served as mayor and thereafter to the member with the longest continuous service since last serving as mayor pro tempore and mayor. 5. A member serving as mayor or mayor pro tem should generally not serve multiple consecutive terms as mayor or mayor pro tempore. 6. The member selected to serve as mayor should be able to preside over City Council meetings, facilitate fair debate, work effectively with City staff, and respect and adhere to City policies, the 2016 Hermosa Beach Leadership Guide and the City Manager form of government. SECTION 5. Superseding Effect. This Resolution and the mayoral selection policy set forth herein rescinds, replaces and supersedes any and all previous practices and policies, written or unwritten, pertaining to the subject hereof. Nothing herein shall be interpreted to imply or suggest that any such policy exists or that any such practice has been binding on the City Council. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or word of this Resolution is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Resolution. 64 Page 3 of 3 20-7265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7. Effective Date. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED this 13th day of October, 2020. ________________________________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Eduardo Sarmiento Michael Jenkins 65 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) October 30, 2020 Certification of Council Action RESOLUTION NO. 20-7265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REGARDING APPOINTMENT OF THE MAYOR AND MAYOR PRO TEMPORE I, Eduardo Sarmiento, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 20-7265 was duly approved and adopted by the City Council of said City at its regular meeting thereof held via teleconference on the 13th day of October, 2020 and passed by the following vote. AYES: COUNCILMEMBERS ARMATO, DETOY, MAYOR PROTEMPORE MASSEY, MAYOR CAMPBELL NOES: NONE ABSTAIN: COUNCILMEMBER FANGARY ABSENT: NONE ________________________________ Eduardo Sarmiento, City Clerk 66 67 68 69 70 Page 1 of 3  Updated: 12‐10‐19  CITY COUNCIL COMMITTEE INFORMATION California Contract Cities Association (CCCA) CCCA is comprised of 75 member cities. The objective of the organization is to assist member cities by advocating and advancing the benefits of the contracting model, protecting local control, embracing public/private partnerships and providing educational opportunities for members. Annual events include a Municipal Seminar in May, a Fall Conference, and a Sacramento Legislative Tour in January. Board members meet the second Thursday of each month. Independent Cities Risk Management Association (ICRMA) The ICRMA is comprised of 20 member cities located in the Los Angeles and Orange counties of Southern California. Members pool their resources under a Joint Powers Agreement (JPA) to support their individual self-insurance programs. The JPA allows but does not require a Councilmember to represent the City on the ICRMA Governing Board, and the City Council has appointed staff members to serve as delegate and alternate (as many other member cities have done) since specific risk management expertise is desirable and the bi-monthly meetings occur during the day. League of California Cities – Los Angeles County Division The League of California Cities, comprised of several geographical divisions throughout the State, provides legislative advocacy on behalf of cities, specifically on matters of good government and maintaining local control. The League’s annual conference in September rotates between northern and southern California. The Los Angeles County Division, encompassing the 86 cities of Los Angeles County, holds meetings at 6 p.m. on the first Thursday of the month (OR during the months of January, March and May) in the Los Angeles metropolitan area (locations vary), providing members with the opportunity to exchange ideas/information and share the advantages of cooperative advocacy. Any Division member may also apply for a one-year appointment to one of eight policy committees, meeting a maximum of four times per year, to help set League priorities and policies. Los Angeles County/City Selection Committee This organization is comprised of mayors of Los Angeles County cities. Its function is to appoint city representatives to Boards/Commission/Agencies (as required by law) such as South Coast Air Quality Management District, LAFCO, L.A. City Hazardous Waste Management Advisory Committee, L.A. County Metropolitan Transportation Authority, and to nominate for appointment members to the California Coastal Commission. 71 Page 2 of 3  Updated: 12‐10‐19  Meetings take place as called. Unlike other committees that have both an assigned delegate and alternate, the mayor must separately appoint an alternate to attend each meeting that he or she is unable to attend. Metropolitan Transportation Authority/City Selection Committee The MTA is charged with conducting hearings and setting fares for established operating organizational units and the approval of transportation zones, final rail corridor selections, and approval of contracts for construction and transit equipment acquisition. The 14-member agency (which meets at 9:30 a.m. on the 4th Thursday of the month at the MTA, One Gateway Plaza, 3rd floor, L.A.) includes four city councilmembers. Each city within four sectors of the County (defined by the League of California Cities, L.A. County Division), may vote to nominate one or more candidates from that particular sector for consideration for appointment to the MTA by the L.A. County City Selection Committee (see above). This committee meets on an “on called” basis. South Bay Cities Council of Governments and Steering Committee The SBCCOG is a joint powers authority of 16 cities and L.A. County of that provides a forum for local government efforts to work collaboratively on programs and studies directed at improving the environment, preserving natural resources, advocating for regional efforts to expand transportation alternatives, and increasing awareness for effective policies for a sustainable community and economic development. Meetings are at 6 p.m. on the 4th Thursday of each month, at 20285 Western Avenue in Torrance. The Steering Committee serves as the executive committee of SBCCOG – its members are the officers and committee chairs, as well as the chairs of the working groups and a representative from the South Bay City Managers’ group. Meetings take place on the 2nd Monday of each month at 12 noon, at the South Bay Environmental Services Center, 20285 S. Western Avenue, Suite 100, Torrance. South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) The Sanitation Districts of Los Angeles are a partnership of special districts formed to protect public health and the environment through innovated cost-effective wastewater/ solid waste management and to convert waste into resources such as recycled water/ materials and energy. The South Bay Sanitation District board meetings take place at 1:30 p.m. on the 3rd Wednesday of each month at Torrance City Hall. Southern California Associations of Government SCAG is a joint powers authority established to provide a network for members to identify and address common community problems – the region encompasses six counties and 191 cities, covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable community strategy and 72 Page 3 of 3  Updated: 12‐10‐19  growth forecast components, transportation improvement programs, regional housing needs allocation, and a portion of the South Coast Air Quality management plans. A general assembly is convened at least once a year (usually in April or May). Watershed Advisory Council of Santa Monica Bay Restoration Commission The Santa Monica Bay Restoration Commission was established by the California Legislature in 2002 to monitor, assess, coordinate and advise the activities of state programs, and to oversee funding that affects the beneficial uses, restoration and enhancement of Santa Monica Bay and its watersheds. The Watershed Advisory Council serves as an advisory body to the Governing Board of the Santa Monica Bay Restoration Commission. Representatives serving on the Council include local, state and federal elected officials, public agencies responsible for protecting the resources and water quality of the Bay, the business community, along with environmental and other community groups. The Watershed Advisory Council meetings take place in the afternoon (usually 1-4 p.m.) at least once per year, as called (usually February, March or April), at Dockweiler Youth Center, 12505 Vista del Mar, Los Angeles. West Basin Water Association This Association is concerned the problems associated with the existing deficiency in the supply of groundwater in the West Basin – its purpose is to investigate problems, formulate and disseminate factual and educational data in order to provide the West Basin inhabitants with a dependable supply of water to meet present and future needs. Meetings take place at 11:30 a.m. on the first Tuesday of each month at the Carson Community Center. Sister City Association, Inc. In 1967 the City of Hermosa Beach formed a “sister city” relationship with the City of Loreto, Baja California, Mexico – Council action on 3/21/67 initiated contact with Loreto government officials to establish a Sister City Program. The City Council adopted Resolution N.S. 2744 on 11/7/67, which welcomed Loreto, noted the official visit to Loreto by the Hermosa Beach City Council and Sister City Committee, and stipulated that an elected City official be appointed as a representative to help carry out the Program, which now includes a student exchange and paramedic training. Meetings take place at 7 p.m. on the first Monday of the month in Room 9 of the Community Center. 73 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 99 SECTION 7 GOVERNANCE: REFINEMENT 74 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 100 Mayor – Council Success Criteria 1. Collaborating to solve problems, and to creating the future community 2. Accomplishing defined projects and tasks 3. Having/using the Vision/Goals as the Mayor – Council deliberates 4. Addressing community input and using in decision making 5. Respecting each other: Mayor/Council, City Management and Employees 6. Agreeing to disagree, moving on to the next issue 7. Being mindful of Hermosa Beach as a diverse community 8. Looking for opportunities, thinking creatively, taking/supporting innovation actions 9. Being open to new ideas: each others, staff, community 10. Having short, effective meetings 11. Having a safe community 12. Moving the City forward 13. Having a sustainable community 14. Having cost-effective city government providing quality services 75 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 101 Mayor – Council Desired Image 1. Working as a Team: City, Mayor – Council 2. Respect for Others 3. Collaborating to Address Issues, to Solve Problems 4. Responsive to Community Needs 5. Open to Community Input 6. Support for City Staff 7. Focus on Governing – Apolitical 8. Listening to Ideas/Suggestions from Others 9. Advocacy for City 10. Ambassador for City with Passion 11. Thoughtful, Open Deliberations 12. Creative Thinking, Support for Innovative Actions 13. Effective, Efficient Use of Time 14. Embodiment of Hermosa Beach: Representing Community Values 76 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 102 Governance Guiding Principles Mayor and City Council City of Hermosa Beach 1. Respect others as we want to be respected: Councilmember, City Staff and Public. 2. Listen with an open mind to others and strive to understand, before stating an opinion or judging. 3. Work collaboratively as a “City Team”. 4. After a majority vote, agree to disagree move on to the next issue. 5. Represent the Council decisions and policy direction. 6. Negotiate with each other; look for ways to common ground and compromise. 7. Focus on the issue, avoid personal attacks and accusations 8. Ok not to talk 77 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 103 Mayor and City Council Protocols: Operating Guidelines for City Council and City Manager City of Hermosa Beach Protocol 1 Simple Information • Contact Department Director or City Manager. • If Department Director is contacted, copy City Manager. • Department Head will contact City Manager. • Council members should share expectations and your preferred form of communications. • Acknowledge within 24 hours Protocol 2 Council Requests Key Issues: A. Expectation immediate knowledge – let me check into it and get back to you with a complete answer B. Expectation immediate response – drop current work project and handle this request C. Responsiveness of Staff Expectations: A. Share expectations and timeframe B. 24 hour acknowledge inquiry C. Inform on citizen request – do you want notification before or after action D. Staff response on questions goes to all Mayor and City Council Action: Topic for Action • Contact City Manager. • Council may research a topic and bring information to the City Manager. • If research requires more than 1 hour; the topic will be taken to Council for direction. • Council can bring up topic during “Other Matters” for direction. • Information reports may be shared with Council at the discretion of the City Attorney and City Manager. 78 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 104 Action: Citizen Service Request A. First Contact • Refer to City Manager and/or Department Head. • Council members should share expectations of further communication on actions or city follow up • Acknowledge within 24 hours B. Unsatisfactory Contact • Refer to City Manager. • City Manager will inform Council on follow up actions by the City. Protocol 3 Council Reports Key Issues: A. Report bias B. Complete reports with multiple options C. Recommendations D. Use of Decision Making Tool Expectations: A. Options presented B. Council share concerns, issues and expectations without specific wording C. Present the context D. Have an open mind Action: Topic for Action • Link to vision, goals, mission and decision making tools • Review “best practices” from other cities (similar cities) • Provide thorough analysis • Evaluate options and alternatives • Objective Report • Provide strong professional recommendation(s) • Frame discussion topic/question • Avoid lobbying through others Protocol 4 Employee Contact A. Employee initiated • Report contact to City Manager on topics: employment, management or policy direction. • Refer employee to supervisor or Department Head. B. Council initiated • Social contact only. • If a community issue of performance, contact the City Manager and not direct the City employee. 79 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 105 Protocol 5 Email Guidelines • Communication from Council to Council majority sent to Clerk. • For private communications, Council should use phone or personal email address. • Avoid “Reply to All”. • Use FYI for share information no reply. • Hermosa Beach address is a public record. • No weekend email needed, unless an emergency situation. Protocol 6 New Ideas • Contact City Manager. Protocol 7 Commission Communications • Commission communications is through responsible Department Director. Protocol 8 Spokesperson on City Matters • Official communication (including press release) through the Public Information Officer; Tested Mayor/Pro Tem. • Mayor and City Manager reflect the City Policy • Circulate to Councilmembers Protocol 9 Performance Problem • Go to the City Manager • Avoid discussion at Council meeting Protocol 10 Communications: Council and Staff • City Manager will share the same information at the same time with all Councilmembers. • City Manager will use Council as a resource. • City Council and staff should avoid surprises or last minute items/information. • City Manager should inform Councilmember on topic of potential impact. 80 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 106 Protocol 11 Agenda Process A. Placing an item • Contact City Manager • Place on “Other Matter” for Council direction. • Two Councilmembers will determine the placement on a future Council agenda for initial discussion with brief staff report. (1 page) B. Question on item • Contact (email or call) Department Director, with a copy to City Manager. • Presentation will incorporate the questions. • Information will be shared with all Councilmembers. C. Agenda Preview • Identify topics for next Council agenda. D. The City Manager will review the Council meeting agenda with the Mayor and Mayor ProTem Protocol 12 Council Agenda Key Issues: A. Items on “Consent Agenda” B. Minutes C. Pulling a number of items Criteria for Consent Agenda Item: A. Routine item requiring Council action B. Items in approved budget C. Items with prior Council decision or direction D. Items with no public input E. Expenditure threshold: $100,000 Action: When pulling an item from the Consent Agenda 1. Pull item. 2. State reason for pulling item. 3. If opposed to item, comment on the item and your position. Item will not be pulled, but your opposition is noted in the minutes – a “No” vote. 4. Written comments may be submitted on Consent Agenda items. 5. Pulled items will be referred to “Other Matters” on the Agenda. 81 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 107 Protocol 13 Council Meetings - Management Key Issues: A. Long meeting going late into the night, early morning B. Long agendas C. Actual meetings starting after 9 pm D. Overload study sessions E. Recycling, repetitive Council comments F. Pulling items from “Consent Agenda” G. Need an additional meeting? Suggestions: A. City Manager 1 on 1 meetings to discuss agenda, respond to questions B. Start public hearing at designated times C. Limit “Recognitions and Presentations” to 3 (10 minutes each) D. Public input 1. Have public sign up 2. Have next speaker identified as “queued” up 3. Avoid commenting or engaging the public 4. Split comments on Agenda Items Early; and General Comments at the end of the meeting 5. Limit speakers: 2 minutes E. Council comments and discussion focus on the issues F. Follow Roberts Rules G. Council comments: Time H. Mayor summarizes before action Actions: A. Use first names at the Council meeting B. Allow brief discussion before making the motion C. Ask questions before the Council meeting D. Public input: have individual sign in after presentation; be ready to speak; 3 minutes to speak E. Council Presentations: avoid reading reports or overheads F. Brief staff/consultant presentation (10 minutes); 1 minute for announcing events G. Discourage applause, boos or emotional reactions H. Clarifying direction from Mayor at end of discussion, before the vote I. Designate time for hearings 82 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 108 Protocol 14 Study Session Key Issues: A. Adequate time for Council discussion B. Feeling “rushed” with time deadline C. Providing clarity of direction to City Staff Suggestions: A. Separate Study Session from Council Meeting – 1st Wednesday, 6 – 9 pm B. Staff provides complete reports prior to meeting C. Mayor and Council read reports D. Staff Brief Presentation with identified questions needing direction E. Limit topics (1 – 3) Actions: A. Separate Study Session (7 pm – 9 pm) B. Quarterly or as needed C. Limited topics D. Time for Council discussion E. Brief Presentation F. Background material sent to Mayor – Council ahead of meeting Protocol 15 Meeting Minutes Key Issues: A. Action Minutes or Transcript Suggestions: A. Name of presenters B. Brief sentence: comment, summary, and position C. Avoid significant time impact on Staff Actions: A. Time stamp on agenda B. Maintain Action Minutes 83 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 109 Protocol 16 City Bidding and RFP Process Key Issues: A. Efficient process B. Systematic approach to recurring contracts C. “Best qualified” contract D. 3 – 5 year renewals E. Competitive prices F. More transparency process G. Length of RFP process Actions: A. Notification to Mayor – Council of upcoming contract B. Avoid surprises Protocol 17 City Manager Notification The City Manager will inform Mayor – City Council through: e-mail Mayor – Council Reports 84 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 22-0805 Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of December 12, 2022 RECOGNITION OF OUTGOING MAYOR City of Hermosa Beach Printed on 12/8/2022Page 1 of 1 powered by Legistar™85