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Home My WebLink About12/11/12 1 “The very essence of leadership is that you have to have a vision. You can't blow an uncertain trumpet.” - Theodore Hesburgh AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, December 11, 2012 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.m. - CLOSED SESSION: See attached Closed Session Agenda 7:00 p.m. - REGULAR MEETING MAYOR Jeff Duclos CITY CLERK Elaine Doerfling MAYOR PRO TEM Patrick ‘Kit’ Bobko CITY TREASURER David Cohn COUNCIL MEMBERS Michael DiVirgilio Howard Fishman Peter Tucker CITY MANAGER Tom Bakaly CITY ATTORNEY Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 1315 Valley Drive, Hermosa Beach, California, during normal business hours. All written communications from the public included in the agenda will be posted with the agenda on the City’s website To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Your participation in this meeting is in the public domain. Meetings are both cablecast and streamed live over the Internet. Minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website 2 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS PRESENTATION BY LEADERSHIP HERMOSA HERMOSA BEACH EMERGING LEADER AWARD ANNOUNCEMENT OF THE WINNER OF THE PARKING PERMIT ART CONTEST CITY TREASURER’S 4TH QUARTER INVESTMENT REPORT PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken, or to request the removal of an item from the consent calendar. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 3 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of the regular meeting of the City Council held on November 27, 2012. (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 28, 2012. (e) Recommendation to deny the following claim and refer it to the City’s Liability Claims Administrator. Memorandum from City Manager Tom Bakaly dated December 5, 2012. Claimant: Heilig, Anna Date of Loss: 11-04-12 Date Filed: 11-20-12 Allegation: Property Damage (f) Recommendation to receive and file list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2013 calendar year. Memorandum from City Clerk Elaine Doerfling dated December 4, 2012. (g) Recommendation to accept construction by ODC Engineering & Technology for CIP No. 99-631 Beach Restroom Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release retention payment to ODC Engineering & Technology (5% of the total contract is retained for release 35 days after filing of Notice of Completion). Memorandum from Public Works Director Frank Senteno dated December 3, 2012. (h) Recommendation to award the bid for fire hose purchase to Fire Etc. of San Diego, CA in the amount of $7,378.03. Memorandum from Fire Chief David Lantzer dated November 26, 2012. (i) Recommendation to authorize the City Manager to sign a subscription agreement with Lexipol, LLC, for the development of a policy manual for the Fire Department. Memorandum from Fire Chief David Lantzer dated November 26, 2012. (j) Recommendation to receive and file the action minutes of the Planning Commission meeting of December 5, 2012. 4 (k) Recommendation to amend agreement with HF&H Consultants, LLC for Solid Waste Services Contracting Assistance by expanding the scope of services and adjusting the compensation (1) by $7,500 not to exceed $157,000 for additional work through adoption of a franchise agreement, and (2) expansion of the scope of work to include on-call transition consultation services not to exceed $8,500; and, appropriate $15,000 from the AB939 Fund for this purpose. Memorandum from Community Development Director Ken Robertson dated December 5, 2012. (l) Recommendation to adopt a resolution approving the Memoranda of Understanding between the City and the Hermosa Beach Police Officers’ Association – Police Officers and Police Sergeants Bargaining Group, Professional and Administrative Employees, Management Employees, Police Management Bargaining Group and Hermosa Beach Firefighters Association. Memorandum from City Manager Tom Bakaly and Finance Director Viki Copeland date December 3, 2012. 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. PRESENTATION FROM “CAR2GO” REQUESTING CITY PARTICIPATION IN A SOUTH BAY REGIONAL CAR SHARING PROGRAM, AND PUBLIC HEARING FOR MUNICIPAL CODE AMENDMENT. Memorandum from Community Development Director Ken Robertson dated December 6, 2012 RECOMMENDATION: Presentation has been rescheduled for January 8, 2013, and accordingly staff recommends continuing the public hearing to January 8, 2013. 6. MUNICIPAL MATTERS a. PROTECTIVE BOLLARDS AT PIER PLAZA – DESIGN OPTIONS. Memorandum from Public Works Director Frank Senteno dated December 4, 2012. RECOMMENDATION: Consider the design options recommended by the Public Works Commission to replace the existing bollards on the east end of the Pier Plaza with crash resistant bollards; and to provide staff with a final style selection. 5 b. CONSIDERATION OF AN URGENCY ORDINANCE TO ALLOW A NEW YEAR’S EVE EXCEPTION FOR RESTAURANTS WITH ON-SALE ALCOHOL THAT HAVE CONDITIONAL USE PERMIT-SPECIFIED CLOSING TIMES OF MIDNIGHT OR EARLIER TO STAY OPEN UNTIL 12:30 A.M. ON JANUARY 1, 2013. Memorandum from Community Development Director Ken Robertson dated December 3, 2012. RECOMMENDATION: Consider urgency ordinance allowing a New Year’s Eve exception for restaurants with on-sale alcohol to stay open until 12:30 a.m. on January 1, 2013. A 4/5 vote is required for adoption. c. AVIATION BOULEVARD BICYCLE LANE PRELIMINARY ENGINEERING STUDY AND PROSPECT AVENUE PILOT PROGRAM. Memorandum from Public Works Director Frank Senteno dated December 3, 2012. RECOMMENDATION: Discuss progress from the previous time this item was before Council on September 27, 2012; receive and file the Aviation Boulevard Bicycle Lane Preliminary Engineering Study-Final Report; and, authorize the Blue Zones/Vitality City to seek grant opportunities that will fund the next phase of the project on behalf of the City of Hermosa Beach. d. ADOPTION OF A ‘LIVING STREETS’ POLICY AND PROVIDE DIRECTION ON SPECIFIED PROGRAMS TO SUPPORT HERMOSA BEACH AS A ‘BLUE ZONES COMMUNITY’. Memorandum from Community Development Director Ken Robertson dated December 3, 2012. RECOMMENDATION: Adopt a resolution adopting a Living Streets Policy; direct staff on whether to proceed with the following programs to further support Hermosa Beach as a “Blue Zones Community”: • Adopt healthy vending standards in municipal buildings and public parks; • Establish land use protections for community gardens and farmers markets; • Establish a healthy food and beverage policy at city-sponsored youth sporting events; and, • Adopt a written worksite breastfeeding policy that provides space and time for breastfeeding for city employees. 6 e. AMENDMENT #5 TO WORKFORCE INVESTMENT ACT JOINT EXERCISE OF POWERS AGREEMENT TO REPLACE THE CITY OF HAWTHORNE AS ADMINISTRATIVE ENTITY WITH THE CITY OF INGLEWOOD AND THAT THE CITY COUNCIL AND MAYOR OF HAWTHORNE BE REPLACED AS CHIEF LOCAL ELECTED OFFICIAL IN FAVOR OF THE CITY COUNCIL AND MAYOR OF INGLEWOOD. Memorandum from City Manager Tom Bakaly dated December 5, 2012. RECOMMENDATION: Adopt resolution approving Amendment #5 to Agreement No. 83.100 relating to the Joint Exercise of Powers Agreement. f. CONSIDERATION OF ISSUES PERTAINING TO THE SECURITY OF PUBLIC FUNDS. Memorandum from City Manager Tom Bakaly dated December 6, 2012. RECOMMENDATION: Adopt resolution regarding the safeguarding of City funds and provide staff with such additional direction as Council deems appropriate. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES – BOARDS AND COMMISSIONS PUBLIC WORKS COMMISSION UNEXPIRED TERM ENDING OCTOBER 31, 2014. Memorandum from City Clerk Elaine Doerfling dated December 5, 2012. RECOMMENDATION: Schedule applicant interviews for a time certain prior to the meeting of January 8, 2013, with appointment to follow at the regular meeting to fill the unexpired Public Works Commission term ending October 31, 2014. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. a. Request from Mayor Pro Tempore Bobko for a review of the salary and benefits for the office of the City Treasurer. ADJOURNMENT 7 AGENDA CLOSED SESSION HERMOSA BEACH CITY COUNCIL Tuesday, December 11, 2012 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.m. The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in existing and anticipated litigation. CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: a. Approval of minutes of Closed Session meeting held on November 13, 2012; and, b. Approval of minutes of Closed Session meeting held on November 27, 2012 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Loutzenhiser v. City of Hermosa Beach, Los Angeles County Los Angeles County Superior Court Case Number: BC490219 b. Name of Case: City of Hermosa Beach v. Hitchcock Case Number: YC067202, LA Co. Superior Court-Southwest District Initiation of Litigation: Government Code Section 54956.9(c) Number of cases: 1 4. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Viki Copeland & Tom Bakaly Employee Organizations: Hermosa Beach Police Officers’ Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURNMENT