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HomeMy WebLinkAboutVolume 39_Minutes_06.03.2011 - 12.13.2012• MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Friday, June 3, 2011, at the hour of 8:00 a.m. CALL TO ORDER ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 3, 2011, at the hour of 8:01 a.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 10:40 a.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public an nouncement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 3, 2011, at the hour of 10:41 a.m., to the Adjourned Regular Budget Workshop Meeting of June 13, 2011, at 7:00 p.m. City Council Minutes 6-3-11 Page 13196 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, June 13, 2011, at the hour of 6:00 p.m. CALL TO ORDER ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on June 3, 2011. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager • ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, June 13, 2011, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:59 p.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Monday 13, 2011, at the hour of 7:00 p.m., to the Adjourned Regular Budget Workshop Meeting of June 13, 2011, at 7:00 p.m. City Council Minutes 6-13-11 Page 13197 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, June 13, 2011, at the hour of 7:12 p.m. • • PLEDGE OF ALLEGIANCE — Rick Koenig ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None CLOSED SESSION REPORT — No reportable actions PUBLIC PARTICIPATION — No one came forward to address the Council. 1. CONTINUED REVIEW OF THE PRELIMINARY BUDGET a. Consideration of Outsourcing Parking Enforcement and Animal Control Services. Report from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. Coming forward to address the Council at this time were: Rick Koenig — Hermosa Beach, said outsourcing these services would be a mistake; said visitors are more likely to deal with parking enforcement employees, calling them the ambassadors of the City; Kerry Rosell — Hermosa Beach Community Services Supervisor, said they provide full service and are more cost effective; said outsourcing may appear to offer a cost savings, but services would not be equitable; Bob Helton — Hermosa Beach, said parking enforcement employees do a fine job and should be retained; said outsourcing, if needed, should be for administration and maintenance — not for those in the public eye; Jim Karlock— Hermosa Beach Community Service Officer, said the budget is balanced; suggested going out on patrol with him to observe how he handles issues; spoke of problems in Costa Mesa with outsourcing; Janet McHugh — Hermosa Beach, said more information was needed and the issue should not be considered without a public hearing and perhaps should be voted on; said the employees do more than write tickets, they do their jobs well, and it would be unfair to put them out of work; Jacoby Vandervlis — Hermosa Beach, did not think grounds keeping was done as well since the job was subcontracted out; said the entire community should weigh in on this issue before a decision is made; Mike Diamski — Hermosa Beach, asked the degree of savings that could be achieved; said more study was needed, like checking with other cities; Greqorio Daniel — Business Agent for Teamsters Local 911, noted the public support for keeping the in-house services; said the budget is balanced; said Hermosa's was the first union in the South Bay to agree to second-tier benefits; said outsourcing would be a mistake; City Council Minutes 06-13-11 Page 13198 • • • Pat Saltzman — Hermosa Beach Community Services Officer, said it helped to have "Hermosa Beach Police" on her shirt; said that commitment would be missed by the community; Christopher Aviles — Hermosa Beach Community Services Officer, said the level of service will decrease if these services are outsourced, while property taxes continue to increase; Sean Tanabe — Hermosa Beach resident/Community Services Supervisor, spoke in opposition to outsourcing the services; Randy Fujisaki — Hermosa Beach Community Services Officer, expressed opposition to outsourcing the services they provide; and Chris Sandretti — Hermosa Beach, spoke of how responsive staff has been with regard to a disrespectful dog owner, noting the amount of effort that went into catching the individual; urged the Council to look at the issue carefully before making a long-lasting bad decision. Proposed Action: To schedule a special meeting in mid-July to discuss the issue of outsourcing parking enforcement and animal control services, with a tentative suggested date of Thursday, July 14, at 7 p.m. Motion Mayor Tucker, second Duclos. The motion was subsequently replaced by the following substitute motion. Action: To direct staff to prepare, for review and consideration at a meeting in September or October, proposals to reduce the structural budget by 10 percent, with at least a 2-1/2 percent reduction related to salary/benefits. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 8:36 p.m. The meeting reconvened at 8:48 p.m. b. Notes from Pre -Budget Meeting of February 17, 2011, with staff comments. Memorandum from City Manager Stephen Burrell dated June 9, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To transfer $10,000 from Prospective Expenditures to the City Council budget for independent audits of restaurants with on -sale alcohol to verify compliance with the 50% food sale requirement. Motion Fishman, second Mayor Tucker. The motion carried, noting the dissenting vote by Bobko. c. Consideration of a Request to Provide Funding to Project Touch. Supplemental memorandum from City Manager Stephen Burrell dated June 13, 2011. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 06-13-11 Page 13199 • • • Action: To amend the Police Department budget by splitting the existing amount ($7,390) currently given exclusively to the South Bay Youth Project in half so that Project Touch and the South Bay Youth Project equally share the funds, with $3,695 in funding to each organization. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. d. Review of Department Expenditures Council conducted its review of department expenditures. City Manager Burrell and Finance Director Copeland responded to Council questions. Action: To reduce the City Council conference budget from $20,000 to $15,000, with the Mayor's allocation to be higher than each individual Council member. Motion DiVirgilio, second Mayor Tucker. The motion carried by a unanimous vote. Action: To transfer $2,000 from Prospective Expenditures to the City Council budget under Special Events for flags to be installed from Upper Pier Avenue to Pier Plaza on Memorial Day, the Fourth of July, Veterans' Day and other staff -recommended dates. Motion Mayor Tucker, second Duclos. The motion carried by a unanimous vote. Proposed Action: To remove the Fiesta shuttle from the City Manager budget under Special Event Shuttle and allow the Chamber of Commerce to make the request if they desire the use of Prop A funds for that purpose. Motion Fishman, second Duclos. The motion failed, due to the dissenting votes of Bobko, DiVirgilio and Mayor Tucker. City Manager Burrell said the amount shown for the Claims Administration contract in the Human Resources Department budget would be changed to reflect the actual cost of the new contract. Action: To transfer $20,000 from Prospective Expenditures to the Police Department budget and authorize the Police Chief to fund two part-time officers for the eight weeks from July 4 through the end of summer on weekends or whatever days they are most needed. Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting votes of Duclos and Fishman. e. Staff Review of Capital Improvement Program City Manager Burrell responded to Council questions. City Council Minutes 06-13-11 Page 13200 • • • f. Forecast for 2012-13 There was no further review of this document, which was initially presented at the meeting of May 26, 2011. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, June 13, 2011, at the hour of 11:05 p.m. to the Regular Meeting of Tuesday, June 14, 2011, at the hour of 6:00 p.m. City Council Minutes 06-13-11 Page 13201 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 14, 2011, at the hour of 6:00 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Minutes of Closed Session meeting held on May 10, 2011; and b. Minutes of Closed Session meeting held on May 24, 2011. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Hermosa Beach Citizens United vs City of Hermosa Beach Los Angeles County Superior Court Case Number: BS131419 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 14, 2011, at the hour of 6:01 p.m., to a closed session. City Council Minutes 06-14-11 Page 13202 • RECONVENE TO OPEN SESSION — At the hour of 6:58 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:07 p.m. • • PLEDGE OF ALLEGIANCE — Carol Russell ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker. Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments and the two agenda items, labor negotiations and pending litigation, were discussed with an update given to the Council on the latter. He said there were no reportable actions. ANNOUNCEMENTS - Councilmember Duclos announced two meetings to take place on Thursday, June 23 — a South Bay Health District hearing on outdoor dining and smoking at 5 to 8 p.m. in the Council Chambers, and a South Bay Bicycle Master Plan Workshop from 7:30 to 9:00 p.m., in the Clark Building. He noted a New York Times article about polystyrene posing a cancer risk, saying release of the study had been delayed for years due to intense lobbying efforts of the chemical industry. Mayor pro tem Fishman announced a town hall meeting of the Aesthetics Sub - Committee of the PCH/Aviation Improvement Committee at 10 a.m. on Saturday, June 25, in the Council Chambers, for members of the public to provide input. Councilmember Bobko said there would also be a town hall meeting of the Business License Tax Review Committee at 6 p.m. on Monday, June 20. Mayor Tucker thanked everyone who assisted with the Art Walk that took place the previous weekend, particularly the Public Works Department staff. PROCLAMATIONS/CERTIFICATES OF RECOGNITION/PRESENTATIONS CERTIFICATE OF RECOGNITION PRESENTED TO CONTINENTAL DEVELOPMENT FOR THEIR DONATION TO UPGRADE CLARK STADIUM Mayor Tucker read and presented the certificate to two representatives from Continental Development and thanked them for their generous donation. CERTIFICATES OF RECOGNITION PRESENTED TO CAROL RUSSELL & JERRY DAVIDSON FOR THEIR EFFORTS TO SECURE FUNDING FOR THE RENOVATION OF THE COMMUNITY GYM FLOOR City Council Minutes 06-14-11 Page 13203 • Mayor Tucker presented the certificate, thanking Carol Russell and Jerry Davidson for their tireless work obtaining funding from the Los Angeles Lakers for state-of-the- art gym flooring. PRESENTATIONS FROM POLICE CHIEF SAVELLI Chief Savelli presented awards from Mothers Against Drunk Driving (MADD) to Hermosa Beach Police officers Pam Ramirez (28 DUI arrests) and George Brunn and his canine partner Keef (31 DUI arrests), noting that Officer Steve Saylor (60 DUI arrests), was ill and could not be present. PRESENTATION BY JUDY DEUTSCH OF A PROPOSAL FOR DECORATIVE PYLONS ON PIER AVENUE AND PACIFIC COAST HIGHWAY Mrs. Deutsch presented a proposal conceived by her late husband Jim Deutsch for decorative pylons similar to the lighted colored pylons at LAX for placement at two locations — the Community Center lawn and at Pier Plaza; suggested they be designed by architectural students, powered by solar panels on top of the pylons, and perhaps include a digital display. • Mayor Tucker thanked Mrs. Deutsch for the presentation and said her husband had been very active in civic affairs and always searching for ideas to improve the City. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Susan Darcy dated June 7, 2011, regarding her request that the zoning ordinance permitting tattoo parlors in the C-2 and C-3 zones be amended to include some meaningful time, place and manner restrictions. (b) Letter from Lynn Carter, Tom Carter, Quint Carroll and Erin Young dated June 9, 2011, regarding proposed amendments to Ordinance 10-1313 regarding tattoo parlors in Hermosa Beach. (c) Letter from Hany Fangary dated June 9, 2011, regarding proposed amendments to Ordinance 10-1313. Mayor Tucker said these three written communications would be discussed when the agendized tattoo item (5a) is heard. Coming forward at this time to address the City Council under oral communications were: City Council Minutes 06-14-11 Page 13204 • • • Lindsay Miller - Hermosa Beach, proposed that changes be made to the bus route taking Fiesta visitors back and forth because of disturbances to residents living along the current route; Rodney Black - Hermosa Beach, agreed the buses caused problems for residents and said this was brought to the attention of the Council in the past but nothing had been done; Jim Lissner- Hermosa Beach, concurred and also suggested that the buses be powered by non -diesel fuel, such as electricity or CNG; John Horn - Hermosa Beach, said residents living along the bus route had to keep their windows closed during the Fiesta while the buses idled in front of their homes (Mayor Tucker said discussions were underway and the matter would be agendized for a Council meeting in July); Scott Gobble - Southern California Edison, gave an update on the installed smart meters and said eventually these meters will provide interaction with residents for many useful energy efficient applications; Elmita Brown - Community Library Manager, described details of the summer reading program at the Hermosa Beach Library; Bryce Toney - owner of Curious, said items he had placed on the sidewalk in front of his business to interest passersby had been confiscated by the City; questioned why the practice was not allowed since the sidewalks had been widened on Upper Pier Avenue; Judy Garland - Hermosa Beach, said there was inequity on Pier Avenue because it appeared some businesses were allowed to put things out and others were not; Mike Molen - Stars Antiques co-owner, said they had benches in front of their store for 15 years but since the Upper Pier renovation have had to remove them, while stores on the opposite side of the street were given City benches; asked that the dog water dish kept in front be allowed and that the removal of his benches be reconsidered; Michael Bell - Bell Event Services, thanked Consolidated Waste Disposal for their recycling efforts at the Fiesta and said he had presented a report to the City with details; and James Castro - Consolidated Waste Disposal, said a member of their staff attended the Fiesta; said they provided a different type of container to encourage recycling and had diverted 30% of the waste; said they were proud to be a community partner with the City and hoped this partnership would continue with new ideas they had for the future. Mayor Tucker asked the City Manager to work with the Chamber of Commerce on enforcing current code regulations and making sure all business owners understand them, and said perhaps there could be a better distribution of City benches. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I), with the removal of 2(k) from the agenda at the request of the City Manager. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. City Council Minutes 06-14-11 Page 13205 • (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR • • MEETING OF THE CITY COUNCIL HELD ON APRIL 26, 2011. Action: To approve minutes of the regular meeting of the City Council held on April 26, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63204 THROUGH 63377. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 63118 and 63289 as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and the City Council Directives. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated June 7, 2011. Claimant: Leach, John Date of Loss: 04-12-11 Date Filed: 05-31-11 Allegation: Personal injury Action: To deny the claim and refer it to the City's Liability Claims Adminstrator, as recommended by staff. (e) RECOMMENDATION TO ADOPT A RESOLUTION WHICH, CONSISTENT WITH PAST POLICY, ESTABLISHES A 200 -WORD LIMIT AND REQUIRES CANDIDATES TO PAY ALL ASSOCIATED COSTS WITH REGARD TO CANDIDATE STATEMENTS FOR THE NOVEMBER 8, 2011 GENERAL MUNICIPAL ELECTION. Memorandum from City Clerk Elaine Doerfling dated June 7, 2009. Action: To approve the staff recommendation to adopt Resolution No. 11- 6744, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011." City Council Minutes 06-14-11 Page 13206 • • • (f) (g) RECOMMENDATION TO APPROVE A PROPOSAL FOR THIRD PARTY ADMINISTRATION OF THE CITY'S WORKERS' COMPENSATION CLAIMS SUBMITTED BY YORK INSURANCE SERVICES GROUP, INC. AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR AN APPROXIMATE THREE (3) YEAR TERM COMMENCING JULY 1, 2011 WITH AN OPTION FOR EXTENDING UP TO AN ADDITIONAL TWO YEARS. Memorandum from City Manager Stephen Burrell dated June 1, 2011. Action: To approve the staff -recommended proposal for third party administration of the City's workers' compensation claims submitted by YORK Insurance Services Group, Inc. and authorize the City Manager to negotiate and execute a contract for an approximate three (3) year term commencing July 1, 2011 with an option for extending up to an additional two years. RECOMMENDATION TO APPROVE THE SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH FOR THE 2010 STATE HOMELAND SECURITY GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ASSOCIATED EXHIBITS; AND, AUTHORIZE THE APPROPRIATION OF $34,773 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE REIMBURSABLE OVERTIME COSTS OF SENDING FIRE PERSONNEL TO TRAINING FOR TERRORISM LIAISON OFFICER ($28,773) AND FOR THE NARROW BANDING UPGRADE OF THE DEPARTMENT'S PORTABLE AND MOBILE RADIOS ($6,000) FOLLOWING RECEIPT BY THE CITY OF THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES. Memorandum from Fire Chief David Lantzer dated May 24, 2011. Action: To approve the staff recommendation to: (1) Approve the Subrecipient Agreement between the County of Los Angeles and the City of Hermosa Beach for the 2010 State Homeland Security Grant (2) Authorize the City Manager to execute the Agreement and associated exhibits; and (3) Authorize the appropriation of $34,773 and the corresponding estimated revenue to the Grant Fund for the reimbursable overtime costs of sending fire personnel to training for Terrorism Liaison Officer ($28,773) and for the narrow banding upgrade of the department's portable and mobile radios ($6,000) following receipt by the City of the executed agreement from the County of Los Angeles. (h) RECOMMENDATION TO APPROVE THE PURCHASE OF A NEW IN -CAR CAMERA SERVER FROM L-3 COMMUNICATIONS TO REPLACE THE CURRENT AGING COMPUTER SERVER FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from Police Chief Greg Savelli. City Council Minutes 06-14-11 Page 13207 • (i) (i) Action: To approve the purchase of a new in -car camera server from L-3 Communications to replace the current aging computer server from the equipment replacement fund, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS FOR THE PURCHASE OF DOCUMENT SCANNING SOFTWARE AND HARDWARE FROM AMERICAN MICRO IMAGING, INC. IN THE AMOUNT OF $27,186.00. Memorandum from Police Chief Greg Savelli. Action: To authorize the appropriation of COPS funds for the purchase of document scanning software and hardware from American Micro Imaging, Inc. in the amount of $27,186.00, as recommended by staff. RECOMMENDATION TO APPROVE A PROPOSAL FOR THIRD PARTY ADMINISTRATION OF THE CITY'S GENERAL LIABILITY CLAIMS SUBMITTED BY THE FIRM OF ADMINSURE AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A THREE YEAR TERM COMMENCING JULY 1, 2011, WITH AN OPTION TO NEGOTIATE A TWO YEAR EXTENSION BASED ON PERFORMANCE. Memorandum from City Manager Stephen Burrell dated June 7, 2011. Action: To approve a proposal for third party administration of the City's general liability claims submitted by the firm of AdminSure and authorize the City Manager to negotiate and execute a contract for a three year term commencing July 1, 2011, with an option to negotiate a two year extension based on performance, as recommended by staff. (k) RECOMMENDATION TO AWARD PURCHASE OF TWENTY-FOUR (24) "NITE BRITES/DAY-BRITES LIGHTING" OR APPROVED EQUAL FLOODLIGHTS TO WALTER'S WHOLESALE ELECTRIC COMPANY OF TORRANCE, CALIFORNIA IN THE AMOUNT OF $10,876.42; AND, AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER FOR THEIR ACQUISITION. Memorandum from Interim Public Works Director Frank Senteno dated June 8, 2011. Supplemental email received from resident Dency Nelson on June 14, 2011. (1) • Action: To remove this item from the agenda and agendize for a future meeting, with staff to return with an energy use analysis. RECOMMENDATION TO ADOPT RESOLUTION APPROVING AND ADOPTING THE ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 00350S, PROGRAM SUPPLEMENT AGREEMENT NO. 143 REV. 000 FOR PROJECT SR2SL-5155(011) — HERMOSA VIEW ELEMENTARY SCHOOL SR2S PROJECT THAT INCLUDES IMPROVEMENTS ON 16TH STREET FROM PACIFIC COAST HIGHWAY TO PROSPECT AVE., PROSPECT AVE. FROM 16TH TO 19TH STREETS, PACIFIC COAST HIGHWAY AND 16TH STREET, AND PACIFIC COAST City Council Minutes 06-14-11 Page 13208 • HIGHWAY AND PIER AVE.; AND, APPOINT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS AS THE AUTHORIZED REPRESENTATIVE OF THE APPLICANT (CITY OF HERMOSA BEACH) TO ACT IN MATTERS ASSOCIATED WITH THE APPLICATION. Memorandum from Interim Public Works Director Frank Senteno dated June 3, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6745, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 00350S, PROGRAM SUPPLEMENT AGREEMENT NO. 143 REV. 000 FOR PROJECT SR2SL-5155(011) — HERMOSA VIEW ELEMENTARY SCHOOL SR2S PROJECT THAT INCLUDES IMPROVEMENTS ON 16TH STREET FROM PACIFIC COAST HIGHWAY TO PROSPECT AVENUE, PROSPECT AVENUE FROM 16TH TO 19TH STREETS, PACIFIC COAST HIGHWAY AND 16TH STREET, AND PACIFIC COAST HIGHWAY AND PIER AVENUE." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE • DISCUSSION There were no items removed from the consent calendar for separate discussion. 5. PUBLIC HEARINGS a. ZONING TEXT AMENDMENT REGARDING REGULATIONS GOVERNING TATTOO/BODY PIERCING STUDIOS. Memorandum from Community Development Director Ken Robertson dated June 7, 2011. Community Development Director Robertson presented the staff report and responded to Council questions, correcting some errors in the proposed ordinance. City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:13 pm. Coming forward to address the Council on this item were: Shawn Darcy — Hermosa Beach, said more tattoo parlors were allowed than should be, given the small size of the City; Dr. James McKinnell — Hermosa Beach, discussed health risks to patrons of tattoo parlors and residents in general; said hazardous waste had not been addressed; said the City should conduct its own inspections and urged further regulations; Hany Fangary — Hermosa Beach, summarized his written communication urging support of the Planning Commission's proposed amendment City Council Minutes 06-14-11 Page 13209 • • and the adoption of an amortization schedule for existing parlors, additional health-related requirements, and other regulations; Susan Darcy — Hermosa Beach, read her written communication and urged the Council to accept the proposed text amendment and quickly put in place additional restrictions on tattoo parlors; Greg Maffei — Hermosa Beach resident and real estate agent, provided data that he felt indicated tattoo parlors would decrease property values; William Clark — attorney for a group of citizens opposing tattoo parlors, addressed the issues causing residents to demand stricter restrictions on tattoo parlors; Gene Smith — co-owner of Hermosa Ink with Shane McColgen, said there are misconceptions about the lack of health-related restrictions on tattoo parlors, and discussed the County regulations with which they must comply; and Shane McColgen — co-owner of Hermosa Ink with Gene Smith, said that although health and safety issues were mentioned by residents, none of their fears were taking place. The public hearing closed at 8:41 p.m. Proposed Action: To receive and file the report. Motion Fishman, second Duclos. The motion was replaced by the following substitute motion. Proposed Action: To change the City's current tattoo parlor regulations to (1) prohibit tattoo parlors from locating within 200 feet of a park or school and (2) require a 9:00 p.m. closing instead of the current 10:00 p.m. closing. Motion DiVirgilio, second Tucker. The motion was withdrawn by the maker. Action: To receive and file the report. Motion Fishman, second Duclos. The motion carried, noting the dissenting vote of Mayor Tucker. The meeting recessed at 9:18 p.m. The meeting reconvened at 9:32 p.m. b. 2011-2012 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2011-2012 BUDGET. Memorandum from Finance Director Viki Copeland dated June 6, 2011. Supplemental revised budget information received from staff on June 14, 2011. Finance Director Copeland presented the staff report and responded to Council questions. • The public hearing opened at 9:34 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:34 p.m. City Council Minutes 06-14-11 Page 13210 • Action: To approve the staff recommendation to: (a) Approve contracts for services budgeted in the 2011-2012 Budget; and (b) Adopt Resolution No. 11-6746, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2011-2012," as amended by the Council at its meeting of June 13, 2011. Motion Fishman, second Duclos. The motion carried, noting the dissenting vote of Bobko. (2) ADOPTION OF 2011-2012 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 7, 2011 Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 9:40 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:40 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6747, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2011-2012." Motion Fishman, second Duclos. The motion carried by a unanimous vote. c. TERMINATION OF THE FISCAL YEAR 2010-2011 AND 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GENERAL ADMINISTRATION PROJECT AND TRANSFER OF AN ESTIMATED $9,800 TO THE CITY'S UNALLOCATED CDBG FUNDS. Memorandum from Community Development Director Ken Robertson dated June 6, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:42 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:42 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6748, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING TERMINATION OF THE FISCAL YEAR 2010-11 AND 2011-12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GENERAL ADMINISTRATION PROJECTS." Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. d. ORDINANCE NO. 11-1324 — ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, City Council Minutes 06-14-11 Page 13211 • • • AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." Memorandum from City Clerk Elaine Doerfling dated June 6, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. The public hearing opened at 9:44 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:44 p.m. Action: To waive full reading and adopt Ordinance No. 11-1324 Motion Bobko, second Mayor Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None 6. MUNICIPAL MATTERS a. RESOLUTION ADOPTING FEES AND CHARGES FROM THE COST OF SERVICES STUDY. Memorandum from Finance Director Viki Copeland dated June 3, 2011. Finance Director Copeland presented the staff report and responded to Council questions. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, said the report states $551,000 would be gained in the first year and asked, with the two-year phasing in of fees, what the amount would be in the second year; and Eric Johnson — consultant with Revenue & Cost Specialists, said the second year would produce more additional revenue than the first year, and estimated the second -year amount would be about $200,000. Action: To approve the staff recommendation to adopt Resolution No. 11- 6749, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES," as amended to remove the proposed $85 fee for mailing City Council agendas. Motion Fishman, second Duclos. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. City Council Minutes 06-14-11 Page 13212 • b. REPORT ON RESTAURANT AND BAR BUSINESS TAX INITIATIVE. Memorandum from City Manager Stephen Burrell dated June 9, 2011. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins explained the initiative process and history, and he and City Clerk Doerfling responded to Council questions. Coming forward to address the Council on this item were: Greg Newman - Hermosa Beach business owner, said only the State could tax liquor (City Attorney Jenkins said the measure did not appear to be a direct tax on liquor, but it is not a clear issue and could be addressed again if the ballot measure passes); Seth Weiss - attorney, asked if the City would lose money if this measure passes and then is invalidated (City Attorney Jenkins said the question would require research); Mike Lacey- Hermosa Beach Comedy and Magic Club, said for a few years he has been operating out of his savings; said his life savings and retirement are based on the value of his business; asked if the City or the voters would be liable for losses he incurs if the measure passes; Chris Pike - Sangria, spoke in opposition to the proposed ballot measure brought forward by petition; (no name given) - Hermosa Beach business owner, said this measure, if passed by voters, would be bad for him but egregious for others; and Mike Shribney - Hermosa Beach business owner, said a reasonable increase would be acceptable, but these amounts will put a lot of people out of business; Action: To direct City Clerk to prepare the required documents to place the restaurant and bar tax initiative, without alteration, on the November 8, 2011 Municipal Election ballot for a vote of the people, and to present all final documents and appropriate resolutions for adoption by the Council at or before its July 24, 2011 meeting. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. c. CALLING, REQUESTING CONSOLIDATION, AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 8, 2011. Memorandum from City Clerk Elaine Doerfling dated June 7, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6750, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR City Council Minutes 06-14-11 Page 13213 • THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; (2) Adopt Resolution No. 11-6751, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, WITH THE UDEL ANDIOR SCHOOL ELECTION TO BE HELD ON THAT DATE P- URSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; and (3) Adopt Resolution No. 11-6752, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2011." Motion Fishman, second Mayor Tucker. The motion carried by a unanimous vote. d. APPROVE FOURTH OF JULY OPERATION PLAN. Memorandum from Police Chief Greg Savelli. • Chief Savelli presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. • Action: To approve the operational plan for the Fourth of July, 2011, as recommended by staff. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. e. CONSIDERATION OF AN ORDINANCE FOR THE CITY OF HERMOSA BEACH APPROVING AN AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR REGULATING PARKING OF OVERSIZED VEHICLES. Memorandum from Police Chief Greg Savelli. Chief Savelli presented the staff report and responded to Council questions. Action: To direct staff to schedule a noticed public hearing on the proposed ordinance for the regular Council meeting of July 12, 2011. Motion Bobko, second Fishman. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD — JANICE WEBB, VICE PRESIDENT OF CITIBANK. Memorandum from City Manager Stephen Burrell dated May 23, 2011. City Council Minutes 06-14-11 Page 13214 • City Manager Burrell presented the staff report and responded to Council questions. • • Action: To accept the nomination of Janice Webb, Vice President of Citibank, to be appointed to serve on the South Bay Workforce Investment Board as the representative of the Hermosa Beach private sector for a four- year term from July 1, 2011 through June 30, 2015. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 7, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To take the following actions: (1) Reappoint Susan Blaco and Barry Warner to the Civil Service Board, for four-year terms; (2) Reappoint Peter Hoffman and Sam Perrotti to the Planning Commission for four-year terms; (3) Schedule interviews for Parks, Recreation and Community Resources Advisory Commission applicants, including Jessica Guheen (who submitted her application after the deadline), for 6:30 p.m. Tuesday, June 28, 2011, with appointments to follow at the regular meeting. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. b. CLARIFICATION OF FOCUS OF STUDY REGARDING PARKING STANDARDS FOR RESTAURANTS BASED ON OCCUPANCY LOAD. Memorandum from Community Development Director Ken Robertson dated June 14, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Sandy Saemann — Hermosa Beach, said it was not right to increase occupancy without consideration of parking requirements. Action: To focus the study on new parking standards for restaurants based on occupant load. Motion Tucker, second Duclos. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL City Council Minutes 06-14-11 Page 13215 • • a. Councilman DiVirgilio proposed directing staff to return with a plan to put an end to chronic public urination taking place during weekend evenings downtown. Councilmember DiVirgilio spoke to his request Action: To direct staff to return with a plan that incorporates as a priority putting an end to the chronic public urination that takes place downtown during weekend evenings. Motion DiVirgilio, supported by Bobko and Mayor Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 14, 2011, at the hour of 11:41 p.m. to an Adjourned Regular meeting to be held on June 28, 2011, at 6:30 p.m. for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Advisory Commission. City Council Minutes Deputy City C 06-14-11 Page 13216 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 28, 2011, at the hour of 6:45 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None INTERVIEWS OF PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Jessica Guheen Jani Lange Laura Raymond Isabel Rodriguez Robert Rosenfeld Applicants interviewed were advised that the Council would appoint members at the regular meeting later that evening. ADJOURNMENT -The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 28, 2011, at the hour of 7:26 p.m. to the Regular meeting scheduled to begin at the hour of 7:00 p.m. City Council Adjourned Minutes 6-28-11 Page 13217 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 28, 2011, at the hour of 6:04 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on June 13, 2011, and b. Closed Session meeting held on June 14, 2011. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 28, 2011, at the hour of 6:05 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:42 p.m., the Closed Session adjourned to an Adjourned Regular Meeting, which had been scheduled for 6:30 p.m. to conduct applicant interviews for the Parks, Recreation and Community Resources Commission. REGULAR MEETING OF JUNE 28, 2011 — At the hour of 7:29 p.m., the Regular Meeting of the City Council was called to order. PLEDGE OF ALLEGIANCE — Wayne Powell City Council Minutes 06-28-11 Page 13218 ROLL CALL: • Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None • • CLOSED SESSION REPORT — City Attorney Jenkins reported on this evening's closed session, saying there had been no public comments, no items added to the agenda, and no reportable action on negotiations with employee organizations. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from City Clerk Elaine Doerfling dated June 20, 2011. A. Designate Mayor for a term ending April 10, 2012. Action: To appoint Mayor pro tem Fishman to be Mayor for a term ending April 10, 2012. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending April 10, 2012. Action: To appoint Councilmember Duclos to be Mayor Pro Tempore for a period ending April 10, 2012. Motion Mayor Fishman, second DiVirgilio. The motion carried by a unanimous vote C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Fishman to the Los Angeles County City Selection Committee; and to appoint Mayor Fishman as delegate and Councilmember Tucker as alternate to the Los Angeles County Sanitation District Board of Directors. Motion Duclos, second Bobko. The motion carried by a unanimous vote. Further Action: To postpone the remaining Council committee assignments to the next Council meeting of July 12, 2011. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. OUTGOING COMMENTS BY MAYOR TUCKER — Outgoing Mayor Tucker thanked his wife Sienna for her support; acknowledged residents, fellow council members, staff, commission/committee/board members, service groups, and businesses who sponsored events which otherwise would have been canceled due to poor economic times; expressed his love of the community in which he was born and raised; and congratulated Mayor Fishman, saying he looked forward to his leadership. PRESENTATION OF PLAQUE TO OUTGOING MAYOR BY MAYOR FISHMAN — Mayor Fishman presented a plaque of appreciation to outgoing Mayor Tucker, listing the many accomplishments during his term and thanking him for his outstanding leadership. City Council Minutes 06-28-11 Page 13219 • INCOMING COMMENTS BY MAYOR FISHMAN — Mayor Fishman said he was proud to be given the opportunity to serve as mayor, expressed his gratitude for the support of his family and spoke of future goals, particularly those associated with safety, health and environmental issues and upcoming City projects. • • COMMENTS FROM COUNCILMEMBERS — Mayor Pro Tempore Duclos and Councilmembers Bobko and DiVirgilio thanked outgoing Mayor Tucker for his excellent leadership and said they looked forward to working with Mayor Fishman. The meeting recessed at 8:07 p.m. The meeting reconvened at 8:21 p.m. ANNOUNCEMENTS — Councilmember Duclos announced that July 7, 2011, would be the 100th anniversary celebration for the historical building currently known as Gumtree, noting that the building had been saved from demolition by previous owner Barbara Robinson, who opened a boutique called PINK. Councilmember Tucker noted the upcoming Fourth of July weekend, and urged everyone to park vehicles as close to the curb as possible to allow for the passage of emergency vehicles. PRESENTATION PROCLAMATION TO MAYOR OF LORETO, MEXICO George Barks, Hermosa Beach Sister City Association vice-president, spoke of the 44 -year history between Loreto and Hermosa Beach, which have been sister cities since 1967, noting that the on-going exchange program for students who are 13 and 14 years of age was established 37 years ago. He then introduced Jorge Aviles, the new mayor of Loreto, who was accompanied by his wife Nancy and secretary Monse Sanchez. Also present were Hermosa Beach Sister City Association president Debra Wright DeMaderios and members Don DeMaderios and Amparito Doolittle, who also acted as interpreter. Mayor Fishman presented a City proclamation to Mayor Aviles, who then presented the City with a framed picture of the Loreto Mission and said it was an honor to be associated with Hermosa Beach for these many years. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Janne Kouiri — Hermosa Beach, handed out flyers regarding a Next Step "Help Make a Difference" benefit taking place 6-9 p.m., July 26, 2011, City Council Minutes 06-28-11 Page 13220 at the 12 and Highland Restaurant in Manhattan Beach; stressed the importance of fitness for those with paralysis and other physical disabilities, noting that without it, there were secondary complications from illnesses; Sam Pena - Republic Services (parent company of Consolidated Disposal Service) said commercial waste will be picked up by Compressed Natural Gas vehicles, which are quieter than diesel trucks and contribute to the City's goal of reducing its carbon footprint; George Barks - Hermosa Beach property owner, said he had talked to local cities about shared services, to reduce costs while maintaining desired services, and submitted to each Councilmember a DVD of the recently held shared -services summit; and Jack Janken - Hermosa Beach, thanked three members of the City Council for their service to the community. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity. 2(e) Duclos, (i) Tucker, and (m) DiVirgilio. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on May 10, 2011; 2) Adjourned Regular meeting held on May 24, 2011; and 3) Regular meeting held on May 24, 2011. Action: To approve as presented the City Council minutes of the Regular meeting of May 10, 2011, the Adjourned Regular meeting of May 24, 2011, and the Regular meeting of May 24, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63378 THROUGH 63529. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2011 FINANCIAL • REPORTS: 1) Revenue and expenditure report; City Council Minutes 06-28-11 Page 13221 • 2) City Treasurer's report; and 3) Investment report. Supplemental information received from City Treasurer John Workman dated June 28, 2011. Action: To receive and file the May 2011 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated June 20, 2011. (f) (g) This item was removed from the consent calendar by Mayor pro tem Duclos for separate discussion later in the meeting. Action: To receive and file the project status report but direct staff to report back on how the decision was reached to eliminate the 14th Street restroom. Motion Duclos, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE REQUEST FROM USA BEACH VOLLEYBALL TO CHANGE THE DATE OF THE HERMOSA BEACH OPEN TO THE WEEKEND OF SEPTEMBER 23, 24 AND 25, 2011 DUE TO THE TRAFFIC CONCERNS ASSOCIATED WITH THE 405 FREEWAY CLOSURE ON THE JULY 14-17, 2011 WEEKEND. Memorandum from City Manager Stephen Burrell dated June 21, 2011. Action: To approve the request from USA Beach Volleyball to change the date of the Hermosa Beach Open to the weekend of September 23, 24 and 25, 2011, due to the traffic concerns associated with the 405 freeway closure on the July 14-17, 2011 weekend, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 7, 2011. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 7, 2011. (h) RECOMMENDATION TO SET THURSDAY, OCTOBER 6, 2011 AT 7:OOPM FOR A SPECIAL MEETING TO RECEIVE A REPORT ON A 10% CITY COST REDUCTION REPORT. Memorandum from City Manager Stephen Burrell dated June 22, 2011. Action: To set Thursday, October 6, 2011, at 7:00 p.m. for a Special Meeting to receive a report on a 10% City cost reduction report. • (i) RECOMMENDATION TO AWARD THE REPAIR AND MAINTENANCE OF THE CITY'S OPTICOM SYSTEM FOR TRAFFIC SIGNAL PREEMPTION TO City Council Minutes 06-28-11 Page 13222 • (i) • DDL TRAFFIC, INC. OF CHINO HILLS, CALIFORNIA IN THE AMOUNT OF $28,057.84. Memorandum from Fire Chief David Lantzer dated June 21, 2011. Supplemental letter from Howard Longacre dated June 27, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Fire Chief Lantzer and City Manager Burrell responded to Council questions. Action: To postpone the item until staff reports back with information on issues raised this evening, including the availability of State funding for the Pacific Coast Highway locations since it is a State highway, the possible use of Proposition A funding because of bus routes, the cost-effectiveness of working with other cities, and having the company indemnify the City. Motion Tucker, second Duclos. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $19,757 FROM THE 115 TDA FUND FOR PROJECT NO. CIP 11-137 HERMOSA VALLEY SCHOOL TRAFFIC SIGNAL MODIFICATION. Memorandum from Interim Public Works Director Frank Senteno dated June 20, 2011. Action: To authorize the appropriation of $19,757 from the 115 TDA Fund for Project No. CIP 11-137 Hermosa Valley School Traffic Signal Modification, as recommended by staff. (k) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS TO PURCHASE TRAINING SOFTWARE AND DIGITAL RECORDERS IN THE AMOUNT OF $15,756.27. Memorandum from Police Chief Greg Savelli. (I) (m) • Action: To authorize the appropriation of COPS funds to purchase training software and digital recorders in the amount of $15,756.27, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE GREEN TASK FORCE MEETING OF JUNE 20, 2011. Action: To receive and file the action minutes of the Green Task Force meeting of June 20, 2011. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 21, 2011. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Council Minutes 06-28-11 Page 13223 Community Development Director Robertson and City Manager Burrell • responded to Council questions. • Action: To receive and file the action minutes of the Planning Commission meeting of June 21, 2011. (n) RECOMMENDATION TO APPROVE A SPEED HUMP ON SEVENTH PLACE BETWEEN PROSPECT AVENUE AND HOLLOWELL AVENUE. Memorandum from Interim Public Works Director Frank Senteno dated June 21, 2011. Action: To approve a speed hump on Seventh Place between Prospect Avenue and Hollowell Avenue, as recommended by staff. (o) RECOMMENDATION TO ADOPT RESOLUTION IN OPPOSITION TO SB 776 (DESAULNIER) CONCERNING THE USE OF FUNDS RECEIVED BY WORKFORCE INVESTMENT BOARDS. Memorandum from City Manager Stephen Burrell dated June 23, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6753 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN OPPOSITION TO CALIFORNIA SENATE BILL 776." 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (i) and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2011. Memorandum from City Manager Stephen Burrell dated June 14, 2011. Supplemental information received from staff June 28, 2011. • City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 06-28-11 Page 13224 • The public hearing opened at 9:55 p.m. As no one came forward to address the Council, the public hearing closed at 9:55 p.m. • • Action: To approve the staff recommendation to adopt Resolution No. 11- 6754, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATED DISPOSAL SERVICE AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES (168.86 — HERMOSA BCH DEL REFUSE CDS)." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. STATUS OF GENERAL PLAN HOUSING ELEMENT AND REGIONAL HOUSING NEEDS ALLOCATION PROCESS. Memorandum from Community Development Director Ken Robertson dated June 22, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Consultant John Douglas made a PowerPoint presentation, noting that they were working with SCAG to try to modify their approach, and responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. BOARD/COMMISSION EXPIRATION OF TERMS — APPOINT PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated June 20, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. Action: It was the consensus of the City Council to appoint Laura Raymond and Robert Rosenfeld to fill two expiring terms on the Parks, Recreation and Community Resources Advisory Commission for full four-year terms expiring June 30, 2015. City Council Minutes 06-28-11 Page 13225 b. APPOINTMENT TO BAY WATERSHED COUNCIL OF THE SANTA MONICA BAY RESTORATION COMMISSION. Memorandum from Community Development Director Ken Robertson dated June 21, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Mayor pro tem Duclos as delegate and Councilmember Tucker as alternate to the Bay Watershed Council of the Santa Monica Bay Restoration Commission, as recommended by staff. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. c. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated June 23, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Mayor Fishman as voting delegate and Councilmember Bobko as alternate for the League of California Cities Annual Business Meeting scheduled for Friday, September 23, 2011, during the League's annual conference in San Francisco. Motion Duclos, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko to authorize the hiring of an independent economic consultant to perform an in-depth study and report back to the Council on the City's long-term pension liabilities. Councilmember Bobko spoke to his request. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: Council consensus was to direct staff to agendize the issue and present a staff report at the next meeting for Council consideration. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Gary Martin, as requested by Mayor Fishman, on Tuesday, June 28, 2011, at the hour of 9:55 p.m. to a Regular meeting to be held on Tuesday, July 12, 2011, at 6:00 p.m. City Council Minutes -7&-e-exLC,,k ) uty City Clerk 06-28-11 Page 13226 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, July 12, 2011, at the hour of 6:07 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on June 28, 2011. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Anticipated Litigation: Government Code Section 54956.9(b) Number of Cases: 1 (letter from William Beverly regarding claim of Thomas Brodie). 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager City Council Minutes 07-12-11 Page 13227 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the • City of Hermosa Beach adjourned on Tuesday, July 12, 2011, at the hour of 6:08 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:20 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:27 p.m. PLEDGE OF ALLEGIANCE — Adrienne Slaughter ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there had been no public comments and no agenda items added to the closed session agenda, noting that the items discussed were labor negotiation, potential litigation and an evaluation of the City Manager. He said one reportable action was taken — the City Council decided to extend the statute of limitations in a matter of potential litigation by Hermosa Parking until August 23, pending future discussions. ANNOUNCEMENTS — Mayor pro tem Duclos announced the free Twelfth Annual Shakespeare by the Sea series at 7 p.m. Wednesday and Thursday, July 20 - 21, at Valley Park. He reported that he attended the Beach Cities Health District Board Meeting to accept, on behalf of the City, a certificate acknowledging the City's winning the Wyland Challenge for water conservation, and his own award as the person who walked the most in the District's annual Stepoff program. Councilmember Tucker thanked the Hermosa Police and Fire departments as well as the County Sheriffs Department for keeping the City safe and sane on the Fourth of July holiday. He said he had attended an Independent City Conference at which Police Chief Savelli presented a session on the open -carry law; said other topics discussed were the public pension plan and ethics training. He reminded everyone about the weekend closure of the 405 Freeway coming up on July 15. Mayor Fishman encouraged participation in an event to raise funds to provide fitness for those with paralysis and other disabilities on Tuesday, July 26, 6-9 p.m., at 304 Twelfth Street in Manhattan Beach, noting details and tickets were available at www.nextstepfitness.orq. He announced a welcoming ceremony at 7 p.m. July 17 at the Clark Building for the Sister City Association exchange students arriving from Loreto, Mexico, with a farewell event on July 23 at 6 p.m., at the Kiwanis Building. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Howard Lonqacre dated July 5, 2011 reqardinq review of "ceremonial" City Treasurer position, whether it should be appointed, City Council Minutes 07-12-11 Page 13228 its pay and benefits, and with whom responsibility for investment • selection and purchase resides for inactive City funds. • Action: To receive and file the letter. Motion Duclos, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Jim Lissner- Hermosa Beach, encouraged everyone to vote in the remaining 20 minutes until the polls closed for the Congressional runoff election; Scott Ankeny - representing Going Green Today, described a personalized program they could establish for anyone of any age to "go green"; said they were partnering with Consolidated Disposal Service and the Easy Reader (Council suggested a presentation to the School District); Sam Pena - Consolidated Disposal Service, said a family questionnaire was available to customize a plan (at no cost) to save money and go green; said Hermosa is the first city to be asked to participate; Adrienne Slaughter - Hermosa Beach, Kiwanis Club President, invited the community to attend the Sixth Annual Taste at the Beach fundraiser at the Community Center on Sunday, August 31, 2011, at 3-7 p.m., www.tasteatthebeach.com for details; Chad Aarons - Hermosa Beach, requested that Ninth Street east of Prospect Avenue remain concrete and that the topic be agendized to allow for input from his neighbors (Council asked that City Manager Burrell discuss the issue with Interim Public Works Director Senteno); Tom Coldberq - Hermosa Beach, concurred with Mr. Aarons, and said the residents wanted to work with the City on the issue; Ann Sullivan - Hermosa Beach, addressed the potential for accidents caused by bicyclists speeding down the sidewalk from the Community Center and crossing Ardmore - a blind corner - without stopping; said it was time for citations for all bicyclists who did not obey stop signs; Judv Garland - Hermosa Beach, agreed that bike riders needed to be more careful, discussed litter in the downtown area and alerted the City to a metal grating in front of Stars Antiques at Bard Street and Pier Avenue which she said had slashed several tires; and Roder Bacon - Ralphs Shopping Center property owner, urged the Council to not take any action that would make conditions harder for business people in the City during this recession. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (d) Tucker and (e) Duclos. Motion Tucker, second Bobko. The motion carried by a unanimous vote. • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on May 26, 2011; City Council Minutes 07-12-11 Page 13229 2) Special Meeting held on June 3, 2011; and • 3) Special Meeting held on June 13, 2011; Action: To approve, as presented, the City Council minutes of the Adjourned Regular meeting held on May 26, 2011, the Special Meeting held on June 3, 2011, and the Special Meeting held on June 13, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63530 THROUGH 63662. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR BUILDING AND CODE ENFORCEMENT OFFICIAL. Memorandum from City Manager Stephen Burrell dated June 30, 2011. • This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. • Action: To continue to the next meeting due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. (e) RECOMMENDATION TO APPROVE THE FIRST ANNUAL SUMMER SIDEWALK SALE AND TASTE OF HERMOSA ON AUGUST 20 AND 21, 2011 AND WAIVE BANNER FEE. Memorandum from City Manager Stephen Burrell dated July 5, 2011. Supplemental emails from Maureen Hunt of the Chamber of Commerce and Lori Ford of The Gum Tree received on July 11, 2011; and supplemental email from Adrienne Slaughter of the Kiwanis Club received on July 9, 2011. This item was removed from the consent calendar by Mayor pro tem Duclos for separate discussion later in the meeting. Coming forward to address the Council at this time was: Lori Ford - Hermosa Beach resident, owner of Gumtree and Chamber of Commerce Board Member, gave details of the event; said they would end earlier on Sunday, August 21, at 3 p.m., to avoid conflict with the Kiwanis Club's Taste at the Beach event at 3-7 p.m., and had changed their event name to Sidewalk Sale and Dine Around Town. City Council Minutes 07-12-11 Page 13230 • (f) Action: To approve the two-day First Annual Summer Sidewalk Sale and Dine Around Town event starting at 10 a.m. each day and ending at 6 p.m. on Saturday, August 20, 2011, and at 3 p.m. on Sunday, August 21, 2011, and to waive the banner fee, as recommended by staff. Motion Duclos, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JUNE 15, 2011. Action: To receive and file the action minutes of the Public Works Commission meeting of June 15, 2011. At 8:04 p.m., the order of the agenda moved to Municipal Matter item 6(a). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(d) was continued to the next meeting, but item 2(e) was heard at this time. Both items are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown • under the appropriate item. 5. PUBLIC HEARINGS a. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2011-2012 FOR THE FISCAL YEAR BEGINNING JULY 1, 2011, AND ENDING JUNE 30, 2012. Memorandum from Public Works Associate Engineer Homayoun Behboodi dated June 22, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. The public hearing opened at 10:20 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:20 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6755, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2011, AND ENDING JUNE 30, 2012, IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2011-2012." City Council Minutes 07-12-11 Page 13231 • Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. CONSIDERATION OF AN ORDINANCE FOR THE CITY OF HERMOSA BEACH APPROVING AN AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR REGULATING PARKING OF OVERSIZED VEHICLES. Memorandum from Police Chief Greg Savelli. Chief Savelli presented the staff report and responded to Council questions. The public hearing opened at 10:29 p.m. As no one came forward to address the Council on this item, the public hearing closed at 10:29 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 11-1325, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE MUNICIPAL CODE, TO ADD PROVISIONS FOR REGULATING PARKING OF OVERSIZED VEHICLES." Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. At 10:32, the order of the agenda moved to Municipal Matter item 6(b). 6. MUNICIPAL MATTERS • a. REPORT FROM THE BUSINESS LICENSE TAX REVIEW COMMITTEE ON PROPOSED BUSINESS LICENSE TAX INCREASE FOR THE NOVEMBER 2011 BALLOT. Memorandum from City Manager Stephen Burrell dated July 7, 2011. Supplemental letter from Howard Longacre received July 11, 2011. Councilmembers Bobko and Tucker, who served on the Business License Tax Review Committee, explained the work of the Committee and introduced members who would provide additional information. Coming forward to address the Council at this time were: Brittney Burford - Paciugo Gelato business owner/Committee member, said the proposed plan fulfilled the Committee's mission statement and would encourage new small businesses to open up in the City; Andrea Jacobsson - Jama Autohaus business owner/Committee member, discussed the proposal, some of the tax decreases, and the new surcharges, which depend on the type of business and its location; Robert Booker - Hermosa Beach resident/ex-officio Committee member, said the new plan was easy to understand; provided a detailed review of the proposal and each individual business category; Mike Ibatti - representing Starbucks, objected to a higher business license cost for one of the two Starbucks in town because it is a drive-through; Dick Blade - owner of McDonald's, agreed there should not be a penalty for being a drive-through business; believed the cost for a business license should be based on gross receipts; City Council Minutes 07-12-11 Page 13232 • • Roger Bacon — Ralphs Shopping Center, said Starbucks was a drive-through only part of the day, and the drive-through Jack in the Box had a low volume of business; objected to an increase for supermarkets Ralphs and Vons during the recession; Gary Vincent — Fat Face Fenner's Fishack and Paradise Sushi, expressed concern that the cost of his license could increase because of his Pier Plaza address even though it has not required police enforcement; said both measures would adversely affect his business; was offended that the City believed a business might not report accurate information; Doug Howard — Sylvio's Brazilian Barbeque, said his business had never required a call for police enforcement; supported something fair but thought the measure placed on the ballot by petition was extreme and did not envy the Council's task of creating an alternative measure; Jim Lissner — Hermosa Beach, said he circulated the petition to place a measure on the ballot; asked how much revenue the city would lose by allowing businesses to operate for free in their first year; asked if a business could take advantage of this by simply changing its name; Ann Sullivan — Hermosa Beach, spoke of changes the downtown has gone through over the years; said the bars, which make a lot of money, are the reason the area is unsafe and are an expense to the City because of needed police enforcement; George Barks — Hermosa Beach property owner, spoke in opposition to the measure placed on the ballot by petition; said the Council should create a counter proposal that was more fair; agreed that some of the downtown businesses were making a lot of money and not all of them required extra police services; and Michael Bell — agreed that the initiative -petition measure should be defeated but thought the proposal by the City might be confusing; said the most fair and simple way to determine the cost of a business license should be through gross receipts. City Manager Burrell, Finance Director Copeland and City Attorney Jenkins responded to Council questions. Action: To make the following changes to the proposal: (1) Calculate the cost for a business license for a drive-through restaurant based on gross receipts, $1 for each $1,000, with an $8,000 cap; (2) Extend the Upper Pier Avenue geographic area all the way to Pacific Coast Highway, include all businesses with Pier Avenue addresses; (3) Include a penalty provision to have violators pay triple the prescribed license tax for non-compliance; and (4) Add a surcharge of 5% to bars and restaurants serving alcohol that are not located downtown or on Upper Pier Avenue. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote of Duclos. City Council Minutes 07-12-11 Page 13233 • • • Further Action: To direct staff to return at the next meeting with documents to place the proposal by the Business License Tax Review Committee, as amended this evening by Council, on the November ballot for voter approval. Motion Bobko, second Fishman. The motion carried, noting the dissenting vote of Duclos. The meeting recessed at 9:53 p.m. The meeting reconvened at 10:10 p.m., at which time the order of the agenda was moved to item 4, items removed from the consent calendar, to hear item 2(e). b. REQUEST FROM FRESH AND EASY NEIGHBORHOOD MARKET TO MAKE A FINDING THAT AN ABC LICENSE FOR OFF -SALE ALCOHOL AT 727 PACIFIC COAST HIGHWAY IS A MATTER OF "PUBLIC CONVENIENCE OR NECESSITY." Memorandum from Community Development Director Ken Robertson dated July 6, 2011. Supplemental email from Fred Huebscher received on July 11, 2011, and supplemental letter from Howard Longacre received on July 12, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Michael Brewer — Alcoholic Beverage Licensing Consultant for Fresh and Easy, said they usually have about 5% alcohol in their grocery stores but are asking for 15% to avoid exceeding the percentage allowed; said they are permitted to stay open until 11 p.m. without a conditional use permit but usually close at 10 p.m.; Robin Howard — representing Fresh and Easy, said with adjustments based on their type of store and their customers, they have removed spirits from their alcohol section and sell only beer and wine, but want the flexibility to include spirits if conditions warrant the change; Jim Lissner — Hermosa Beach, expressed concern that Fresh and Easy would, as time goes on, use the additional entitlements (15% alcohol, an 11 p.m. closing, sale of hard alcohol); urged that they be limited to more restrictive conditions; Jim Cummins — Hermosa Beach, said he is familiar with Fresh and Easy stores and looks forward to having one in town instead of traveling to the one in Manhattan Beach; and Maureen Hunt — Hermosa Beach Chamber of Commerce Interim Executive Director, said the City was fortunate to have Fresh and Easy locate one of their markets here, noting that the building had been vacant for a long time. Action: To grant the request from the applicant for a letter to the Department of Alcoholic Beverage Control (ABC) determining that the issuance of an off - sale alcohol license at 727 Pacific Coast Highway (former Mortise & Tenon building) is a matter of "public convenience or necessity". City Council Minutes 07-12-11 Page 13234 • • Motion Tucker, second Fishman. The motion carried, noting the dissenting vote of Duclos. c. FEE REBATES FOR ENERGY UPGRADE CALIFORNIA PROJECTS AND PRESENTATION OF PROGRAM. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Grace Farwell Granger — Energy Upgrade California, described the program which started in March 2011, and the rebates available to homeowners who upgrade their homes with energy efficient upgrades; and Marilyn Lyon — Energy Upgrade California, said these upgrades will help Hermosa meet its carbon neutral goal, create work for contractors, and provide fundraising opportunities for schools and non-profit civic organizations. Action: To rebate fifty percent (50%) of building permit plan check/inspection fees for retrofit improvements that qualify for Energy Upgrade California funding, charging only the outside plan check fees, and to review the decision in one year. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. At 11:24 p.m., the order of the agenda moved to item 7(b). d. FEE WAIVER FOR PHOTOVOLTAIC SOLAR PROJECTS. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Action: To continue this item due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. e. FEE REDUCTION FOR SMALL WIND ENERGY SYSTEMS. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Action: To continue this item due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. f. CITY INCENTIVES TO ADVANCE SUSTAINABILITY. Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Action: To continue this item due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. • g. PENSION LIABILITY INDEPENDENT ECONOMIC REPORT. Memorandum from City Manager Stephen Burrell dated July 7, 2011. City Council Minutes 07-12-11 Page 13235 • Action: To continue this item due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITY COUNCIL MEETING OF AUGUST 9, 2011 AT VIEW SCHOOL. Memorandum from City Manager Stephen Burrell dated July 6, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to receive and file the report on the City Council Meeting taking place at View School on August 9, 2011. b. LABOR DAY FIESTA BUS ROUTE. Memorandum from City Manager Stephen Burrell dated July 7, 2011. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, said the buses should be converted from diesel because of pollution; Maureen Hunt — Hermosa Beach Chamber of Commerce Interim Executive Director, said the old route was no longer possible since the medians on Pier Avenue preclude U-turns, but the proposed route would have buses go in only one direction which will cut the traffic in half; and Michael Bell — Bell Event Services, said half of the buses are from the County and are newer and cleaner burning; said they have a bid request out to obtain cleaner burning buses. Action: To approve the bus route for the Labor Day Fiesta, with direction to establish for future events a less intrusive transportation route that does not involve residential neighborhoods. Motion DiVirgilio, second Duclos. The motion carried, noting the dissenting vote of Tucker. c. AB455 PUBLIC EMPLOYMENT: LOCAL PUBLIC EMPLOYEE ORGANIZATIONS — APPOINTMENT OF MEMBERS TO THE CIVIL SERVICE COMMISSION REQUIRES THAT 50% BE APPOINTED FROM A LIST SUPPLIED BY LARGEST EMPLOYEE ORGANIZATION. Memorandum from City Manager Stephen Burrell dated July 7, 2011. Action: To continue this item due to the lateness of the hour. • Motion Bobko, second Fishman. The motion carried by a unanimous vote. City Council Minutes 07-12-11 Page 13236 • 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated July 5, 2011. Action: To continue this item due to the lateness of the hour. Motion Bobko, second Fishman. The motion carried by a unanimous vote. b. VACANCIES — BOARDS AND COMMISSIONS: GREEN TASK FORCE RECRUITMENT. Memorandum from City Clerk Elaine Doerfling dated July 6, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to re -advertise for additional applicants and report back to Council at its September 13, 2011, meeting for the scheduling of interviews, with appointments to be made at the September 27, 2011, meeting. Motion Bobko, second Fishman. The motion carried by a unanimous vote. At 11:35 p.m., the order of the agenda moved to item 9(b), followed by item 9(c). • 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Duclos to change the protocol for setting the "Walk your Bike" zone on the Strand and make this a Volunteer In Policing job. Mayor Pro Tem Duclos spoke to his item. Action: To agendize the topic for a future Council meeting. Motion Duclos, supported by DiVirgilio and Tucker. At 11:40 p.m., the agenda moved to item 9(d), added this evening. b. Request from Councilmember Tucker to temporarily allow the placement of tables and chairs on the public way for six months and ask the Planning Commission to draft a policy to allow this usage as was done with Coffee Bean, Starbucks and Skinny Minnie. In order to comply with this temporary usage, the businesses would have to show insurance and give staff a plan showing the placement of tables and chairs and not block the ADA requirements for the sidewalks. This would not include Upper Pier, no sandwich boards, furniture and clothing racks. Councilmember Tucker spoke to his item. City Council Minutes 07-12-11 Page 13237 • Action: To agendize the topic for a future Council meeting. Motion Tucker, supported by Fishman and Duclos. • • c. Request from Councilmember Tucker to participate in the funding of buses for Navy Week LA beginning Friday, July 29, 2011. Buses are used to transport Navy personnel to various venues in Los Angeles. Funding will be shared with others. Councilmember Tucker spoke to his item. Action: To agendize the item for consideration at the next meeting. Motion Tucker, supported by Bobko and Fishman. At 11:38 p.m., the order of the agenda moved to item 9(a). d. Request from Councilmember DiVirgilio to include an e -notify program as a component in the City's new website. Councilmember DiVirgilio spoke to his request. Action: To agendize the topic for a future Council meeting. Motion DiVirgilio, supported by Duclos and Bobko. Action: To give the City Council an opportunity for review of the new website before it is launched. Motion DiVirgilio, supported by Bobko and Duclos. Action: To continue all items not considered this evening to the next meeting due to the lateness of the hour. Motion Bobko, second Mayor Fishman. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, July 12, 2011, at the hour of 11:42 p.m. to a Regular meeting to be held on July 26, 2011, at 6:00 p.m. City Clerk City Council Minutes puty City Clerk 07-12-11 Page 13238 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, July 26, 2011, at the hour of 6:01 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on July 12, 2011. 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. • Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Hermosa Beach Citizens United vs City of Hermosa Beach Los Angeles County Superior Court Case Number: BS131419 Anticipated Litigation: Government Code Section 54956.9(b) b) Number of Cases: 1 (Letter from William Beverly regarding claim of Thomas Brodie). 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 26, 2011, at the hour of 6:02 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:14 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:21 p.m. PLEDGE OF ALLEGIANCE — Sam Pena, Consolidated Disposal Service City Council Minutes 07-26-11 Page 13239 • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None • CLOSED SESSION REPORT — City Attorney Jenkins reported there were no public comments and no items added to the agenda; said the Council discussed the three items listed on the agenda and there were no reportable actions. Mayor Fishman announced that item 6(h) under Municipal Matters should be moved to the Public Hearings section of the agenda as item 5(b), stating that the item had been noticed as a public hearing. ANNOUNCEMENTS — Mayor pro tem Duclos said he had represented the Council the previous Saturday at a farewell party for the Sister City exchange students and had the pleasure of accepting a gift from Hermosa's sister city Loreto, Mexico; said former Mayor George Barks might want to make additional comments. George Barks, Student Exchange Program Director, said Hermosa Beach and Loreto have been sister cities for 44 years and the student exchange program has been in place for 37 years; said the gift that Loreto gave to Hermosa Beach this year is a painting of the mission bell that Hermosa Beach gave Loreto in 1997 to celebrate the 300th birthday of Loreto, where the first mission was established. Councilmember Tucker announced Navy Week with four ships in the Los Angeles Harbor San Pedro and navy personnel to be bused to local cities; asked residents to thank them for their service if they see them about town. He also announced the Surf Festival the coming weekend and discussed the various activities associated with the event. He invited the community to the first of four Summer Concerts on the Beach this weekend, courtesy of St. Rocke's. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE HERMOSA BEACH GREEN TASK FORCE IN RECOGNITION OF THEIR VALUATION CONTRIBUTIONS IN ADVANCING SUSTAINABILITY Mayor Fishman presented certificates to the Green Task Force Members and thanked them for their contributions to making Hermosa Beach a Cool City, working toward the goal of reducing the City's carbon footprint. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS IIIThere were no written communications this evening. City Council Minutes 07-26-11 Page 13240 Coming forward to address the Council at this time were: Dr. James McKinnell — Hermosa Beach, expressed his concerns about health hazards to the community from the tattoo parlors in town; Chris Kimball — Hermosa Beach resident/Green Task Force member, urged enactment of a City ordinance and enforcement to discourage littering (City Attorney Jenkins said the Penal Code imposed littering fines); Dency Nelson — Hermosa Beach, thanked individuals and organizations for supporting the Shakespeare by the Sea program which would not exist without their contributions; Hanv Fangary — Hermosa Beach, reiterated Dr. McKinnell's concerns about community health issues; said he believed the tattoo parlor at Eighth Street and Hermosa Avenue had an invalid parking plan which the Planning Commission has refused to acknowledge; Roger Bacon — Ralphs Shopping Center, discussed upcoming Pacific Coast Highway safety improvements, such as traffic signals at crosswalks which count down the time left for pedestrians to cross and yellow crosswalks to indicate school children crossing; and Sandy Saemann — Hermosa Beach, said Closed Session items which did not involve litigation, such as the City Manager's evaluation, should be discussed at a public meeting. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(k) Bobko. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING HELD ON JUNE 13, 2011. Action: To approve as presented the City Council minutes of the Adjourned Regular meeting held on June 13, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63663 THROUGH 63829 Action: To ratify the check register as presented, and to approve the cancellation of check numbers 63254, 63510 and 63524 as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1 Tentative Future Agenda Items; and 2) City Council Directives. Action: To receive and file the tentative future agenda Council directives. items and City City Council Minutes 07-26-11 Page 13241 • (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE JUNE 2011 REVENUE AND EXPENDITURE REPORT AND TREASURER'S REPORT. Memorandum from Finance Director Viki Copeland dated July 20, 2011. Action: To receive and file memorandum regarding the June 2011 Revenue and Expenditure Report and Treasurer's Report. (e) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2011 INVESTMENT REPORT. Memorandum from City Treasurer John Workman dated July 20, 2011. (f) • (g) Action: To receive and file the June 2011 Investment Report. RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR BUILDING AND CODE ENFORCEMENT OFFICIAL. (Continued from meeting of July 12, 2011) Memorandum from City Manager Stephen Burrell dated June 30, 2011. Action: To approve the class specification for Building and Code Enforcement Official, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Interim Public Works Director Frank Senteno dated July 19, 2011. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction, as recommended by staff. (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated July 18, 2011. Claimant: Bertagnolli, Timothy Date of Loss: 05-17-11 Date Filed: 07-5-11 Allegation: Personal injury Claimant: Amerian, Dawn Date of Loss: 06-13-11 Date Filed: 07-18-11 Allegation: Property injury Action: To deny the claims and refer them to the City's Liability Claims IIIAdministrator, as recommended by staff. City Council Minutes 07-26-11 Page 13242 • (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 2, 2011. (i) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 2, 2011. RECOMMENDATION TO ACCEPT DONATION OF A SCOTT PAK TRACKER UNIT TO THE FIRE DEPARTMENT FROM FIREFIGHTERS SUPPORT SERVICES (FFSS). Memorandum from Fire Chief David Lantzer dated July 18, 2011. Action: To accept the donation of a Scott Pak Tracker unit to the Fire Department from Firefighters Support Services (FFSS). (k) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR ASSISTANT TO THE CITY MANAGER. Memorandum from City Manager Stephen Burrell dated July 20, 2011. • (I) (m) This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting but was subsequently continued because of the lateness of the hour, and no action was taken. RECOMMENDATION TO APPROVE A CONTRACT AMENDMENT WITH VISION INTERNET TO PROVIDE E -NOTIFICATION TOOL TO THE NEW WEBSITE. Memorandum from Finance Director Viki Copeland dated July 17, 2011. Action: To approve a contract amendment with Vision Internet to provide e - Notification tool to the new website, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF FOUR (4) 2011 FORD CROWN VICTORIA POLICE INTERCEPTORS (PAINTED BLACK AND WHITE) TO REPLACE EXISTING 2005 FORD CROWN VICTORIA POLICE INTERCEPTORS. Memorandum from Police Chief Greg Savelli dated July 7, 2011. Action: To authorize the purchase of four (4) 2011. Ford Crown Victoria Police Interceptors (painted black and white) to replace existing 2005 Ford Crown Victoria Police Interceptors, as recommended by staff. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 2011. • Action: To receive and file the action minutes of the Planning Commission meeting of July 19, 2011. City Council Minutes 07-26-11 Page 13243 (o) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70310 FOR A 4 -UNIT CONDOMINIUM PROJECT AT 719-725 TWENTY- FIRST STREET. Memorandum from Community Development Director Ken Robertson dated July 18, 2011. (p) Action: To approve the staff recommendation to adopt Resolution No. 11- 6756, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 70310, FOR THE SUBDIVISION OF A FOUR -UNIT CONDOMINIUM, LOCATED AT 719, 721, 723 AND 725 TWENTY-FIRST STREET, LEGALLY DESCRIBED AS LOTS 23 AND 24, HERMOSA VIEW TRACT NO. 1, IN THE CITY OF HERMOSA BEACH, CALIFORNIA." RECOMMENDATION TO AUTHORIZE STAFF TO SOLICIT PROPOSALS TO SELECT DESIGN CONSULTANTS TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES TO DEVELOP A COMPREHENSIVE IMPROVEMENT PLAN FOR PCH AND AVIATION BASED ON THE AESTHETICS SUBCOMMITTEE'S FINAL REPORT. Memorandum from City Manager Stephen Burrell dated July 18, 2011. Action: To authorize staff to solicit proposals to select design consultants to prepare plans, specifications and cost estimates to develop a comprehensive improvement plan for PCH and Aviation based on the Aesthetics Subcommittee's Final Report, as recommended by staff. At 7:46 p.m., the order of the agenda was moved to public hearing items 5(a), 5(b). 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1325 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR REGULATING PARKING OF OVERSIZED VEHICLES. For adoption. Memorandum from City Clerk Elaine Doerfling dated July 21, 2011. Action: To waive full reading and adopt Ordinance No. 11-1325 Motion Bobko, second Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(k) was removed from the consent calendar for separate discussion but subsequently was continued. City Council Minutes 07-26-11 Page 13244 • 5. PUBLIC HEARINGS • • a. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Ken Robertson dated July 21, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:55 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:55 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6757, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. b. CONSIDERATION OF DRAFT GENERAL HOUSING ELEMENT FOR SUBMITTAL TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Memorandum from Community Development Director Ken Robertson dated July 19, 2011. Supplemental information from staff and emails from Susan Darcy and Wendy Noble-Cubillos received July 26. (This item was inadvertently placed on the agenda as Municipal Matter item 6(h), but had been noticed as a public hearing and was appropriately moved.) Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions. The public hearing opened at 8:27 p.m. Coming forward to address the Council on this item were: Dr. Bernice Lindell — Hermosa Beach, asked if she would receive notification and be able to protest if a site selected for low-income housing was near her street, which was exclusively residential; asked if the zoning would be changed (Community Development Director Robertson said there would be noticed Planning Commission and City Council public hearings before any action was taken; City Council Minutes 07-26-11 Page 13245 • Tim Personius - Hermosa Beach, said the City should try to negotiate for a better allocation of low-income housing because of the absurd requirements for such a small town even if the City is not required to build right away; said he had heard of another City buying property outside their boundaries to use for this purpose; Kurt Meyer- Hermosa Beach, said the State mandate seemed inappropriate to crowd into a small city; felt low-income housing should not encroach into residential neighborhoods; and Sharon Mercier - Hermosa Beach, read her written statement; said she lived adjacent to an empty lot and would protest rezoning for low-income housing because it would lower her property value. The public hearing closed at 8:38 p.m. Action: To direct staff to report back to the Council within 60 days after exploring possible assistance from the legislature, the Southern California Association of Governments and other resources to lessen the obligations of the City in the General Housing Element to be submitted to the State Department of Housing and Community Development. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS 4111 a. ADOPTION OF A RESOLUTION TO PLACE ON THE BALLOT OF THE GENERAL ELECTION OF NOVEMBER 8, 2011 A PROPOSED ORDINANCE ENACTING A COMPREHENSIVE RESTRUCUTURING AND UPDATE OF THE BUSINESS LICENSE TAX ORDINANCE. Memorandum from Finance Director Viki Copeland dated July 18, 2011. Supplemental letter from Howard Longacre received July 25. • Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner - Hermosa Beach, said the measure under consideration was flawed and addressed specifics; said he would withdraw the measure he initiated because it too is flawed (City Attorney Jenkins said Mr. Lissner lacked the power to withdraw the measure because it had already met the requirements for being placed on the ballot); Andrea Jacobsson - Business License Tax Review Committee member, thanked Mr. Lissner for his attempt to withdraw his measure; said all businesses would suffer if eating and drinking establishments were forced to close because of greatly increased costs; Robert Booker - Ex -Officio Committee member, said the downtown is a business district, and a surcharge on businesses with high revenue, as proposed in the Ordinance under consideration, was appropriate; City Council Minutes 07-26-11 Page 13246 • • • Paul Hennessey — Hennessey's and The Lighthouse, said he already paid a surcharge for serving in the outside dining area after midnight (he was advised that was not a surcharge but the rental of City property, and he could avoid additional charges by closing his patio at midnight); George Barks — Hermosa Beach property owner, urged the Council to place the proposed Ordinance on the ballot; said Mr. Lissner's measure was punitive to businesses in an area where conditions have improved because of better enforcement of conditional use permits; and Roger Bacon — Ralph's Shopping Center, discussed his family's history of doing business in Hermosa Beach and his involvement in civic affairs for the last 63 years; said the City should do all it can to encourage business opportunities. Action: To amend the proposed Ordinance to allow new restaurants not serving alcohol and restaurants closing before midnight to have a free business license in their first year. Motion Tucker, second Bobko. The motion carried by a unanimous vote. Further Action: To amend the proposed Ordinance as suggested by the City Attorney as follows: page 4, category 6, last paragraph, exempt from a conditional use permit requirement all restaurants, with or without alcohol, that close at 10:00 p.m. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Further Action: To amend the proposed Ordinance to move dance hall with no food and beverage into the General Business category with an annual $175 fee. Motion Mayor Fishman, second DiVirgilio. The motion carried by a unanimous vote. City Attorney Jenkins suggested two minor changes to the Ordinance: (1) Page 8, Section 5, end of second sentence, delete the word "any" before the word "such" and delete "or fees" so the sentence reads "If this Ordinance concerning imposition of any taxes."; and (2) Page 4, paragraph 6 — Food and beverage, change appropriate items to read "bars and restaurants with alcohol," rather than "restaurants with alcohol." Action: To approve the staff recommendation to adopt Resolution No. 11- 6758, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY CITY COUNCIL RESOLUTION 11-6750 OF AN ORDINANCE RELATING TO A COMPREHENSIVE REORGANIZATION AND UPDATE OF THE CITY'S BUSINESS LICENSE TAX ORDINANCE" with the changes made to the proposed Ordinance as amended by the City Council this evening and the City Council Minutes 07-26-11 Page 13247 corrections suggested by the City Attorney. (The resolution was reconsidered and re -adopted during discussion of the next item.) Motion Bobko, second Tucker. The motion carried by a unanimous vote. b. ADOPTION OF A RESOLUTION TO PLACE ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2011 A PROPOSED ORDINANCE SUBMITTED BY PETITION RELATING TO THE CITY'S BUSINESS LICENSE TAX ON RESTAURANTS AND BARS, AND OTHER PERTINENT RESOLUTIONS CONCERNING THE PLACEMENT OF ANY AND ALL MEASURES TO BE ON THE BALLOT. Memorandum from City Clerk Elaine Doerfling dated July 20, 2011. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To reconsider Resolution No. 11-6758 adopted in the previous item. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To re -adopt Resolution No. 11-6758, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY CITY COUNCIL RESOLUTION 11-6750 OF AN ORDINANCE RELATING TO A COMPREHENSIVE REORGANIZATION AND UPDATE OF THE CITY'S BUSINESS LICENSE TAX ORDINANCE" with the City Council amendments and City Attorney corrections made to the proposed Ordinance earlier this evening, and with the following amended ballot wording in the resolution: "Shall an Ordinance be adopted as recommended by the Business License Tax Review Committee, comprised of residents and business owners, and a unanimous City Council to simplify, update and restructure the City's business license tax Ordinance and offer incentives for new businesses?" Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Action: To approve the staff recommendation to adopt Resolution No. 11- 6759, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE SUBMITTED BY PETITION RELATING TO THE CITY'S BUSINESS LICENSE TAX ON RESTAURANTS AND BARS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY CITY COUNCIL RESOLUTION NO. 11-6750." Motion Bobko, second Tucker. The motion carried by a unanimous vote. Action: To approve the staff recommendation to adopt Resolution No. 11- 6760, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING City Council Minutes 07-26-11 Page 13248 • • • WRITTEN ARGUMENTS REGARDING TWO MEASURES TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2011, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSES," with Councilmember Bobko and Mayor Fishman authorized to write the argument in favor of the City Council measure and the argument against the measure placed on the ballot by initiative petition, as is their right as City Council, both arguments to be signed by all five City Councilmembers. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Action: To approve the staff recommendation to adopt Resolution No. 11- 6761, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011." Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. City Clerk Doerfling noted that the deadline for submitting direct arguments is Tuesday, August 9, at 6:00 p.m., and the deadline for submitting rebuttal arguments is 5:00 p.m., Friday, August 19. At 9:50 p.m., the order of the agenda went to item 6(g). c. PROPOSED PILOT PROGRAM FOR LOT A AND LOT B TRASH ENCLOSURES. Memorandum from Interim Public Works Director Frank Senteno dated July 19, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Paul Hennessey — Pier Plaza business owner, said his only reservation to what appears to be a great program is losing some parking spaces and suggested placing the enclosure in the corner of the parking lot; Ron Newman — Sharkeez, said the business owners were looking forward to the change and to seeing how the porter service would work; and James Castro — General Manager, Consolidated Disposal Service, said they would begin with two four-hour shifts but would adjust to accommodate the needs of the business owners as a pattern develops; Action: To approve the staff recommendation to: (1) Authorize the implementation of a porter service to maintain the trash facilities at Lots A and B effective August 1, 2011, and to include the costs into the participating merchants' monthly trash collection bill; and (2) Authorize staff to solicit proposals for design of the trash enclosure. Motion Duclos, second Tucker. The motion carried by a unanimous vote. City Council Minutes 07-26-11 Page 13249 • d. FEE WAIVER FOR PHOTOVOLTAIC SOLAR PROJECTS. (Continued from meeting of July 12, 2011) Memorandum from Community Development Director Ken Robertson dated July 5, 2011. • • Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Extend the fee waiver for all permit costs associated with a photovoltaic installation, including building and electrical permit fees, except for building permit fees to upgrade the structure to accommodate the installation; and (2) Review the decision no later than August 31, 2012. Motion Duclos, second Tucker. The motion carried by a unanimous vote. e. FEE REDUCTION FOR SMALL WIND ENERGY SYSTEMS. (Continued from meeting of July 12, 2011) Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Waive a portion of Planning and Building permit fees associated with installation of a small wind energy system, charging only the contract service fee the City pays for public noticing, other outside agency fees, any outside contractor fees, and outside plan check fees, except for building permit fees to upgrade the structure to accommodate the installation; and (2) Review the decision no later than August 31, 2013. Motion Duclos, second Tucker. The motion carried by a unanimous vote. f. CITY INCENTIVES TO ADVANCE SUSTAINABILITY. (Continued from meeting of July 12, 2011) Memorandum from Community Development Director Ken Robertson dated July 5, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to implement the following incentives and report back to the Council in one year: (1) Waive preferential parking permit fees for 100% electric or 100% CNG vehicles; (2) Waive building permit fees for service upgrades for 100% alternative fuel vehicles (e.g., electric charging, CNG); City Council Minutes 07-26-11 Page 13250 • g. (3) Direct City Manager to formulate and then implement a list of specific improvements eligible for up to a 50% reduction in building permit fees to increase energy efficiency or incentivize LEED or Built -It -Green Program certification, focusing on actions that will make a significant contribution, exceed code requirements or are early adoption -type behaviors; and (4) Provide priority permits processing for the above. Motion Duclos, second Tucker. The motion carried by a unanimous vote. PENSION LIABILITY INDEPENDENT ECONOMIC REPORT. (Continued from meeting of July 12, 2011) Memorandum from City Manager Stephen Burrell dated July 7, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to return with a proposal letter and scope of work. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote of Duclos. The meeting recessed at 10:32 p.m., at which time, Councilmember DiVirgilio and City Clerk Doerfling left the meeting. IIThe meeting reconvened at 10:42 p.m., with item 6(c). h. CONSIDERATION OF DRAFT GENERAL HOUSING ELEMENT FOR SUBMITTAL TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. This item was heard as Public Hearing item 5b. It was inadvertently placed on the agenda in the Municipal Matters section but had been noticed as a Public Hearing. i. DETERMINE WHETHER TO INITIATE AN AMENDMENT TO THE MUNICIPAL CODE REGARDING OUTDOOR DINING WITHIN THE PUBLIC RIGHT-OF-WAY IN COMMERCIAL DISTRICTS. Memorandum from Community Development Director Ken Robertson dated July 21, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: (No name given) — Hermosa Avenue business owner, asked if he could put chairs outside if he provided proof of insurance and a sketch showing that there would be minimal encroachment. IIIAction: To direct the Planning Commission to prepare an amendment to the Municipal Code to allow outdoor dining on the public right-of-way in City Council Minutes 07-26-11 Page 13251 • commercial districts, excluding Upper Pier Avenue, as a temporary measure during study of a permanent Ordinance. Motion Tucker, second Bobko. The motion carried by a unanimous vote. j. APPROVAL OF EMERGENCY OPERATIONS PLAN. Memorandum from Fire Chief David Lantzer dated July 20, 2011 Fire Chief Lantzer presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6762, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT THE UPDATED EMERGENCY OPERATIONS PLAN." (2) Authorize the Mayor to sign Letter of Promulgation; and (3) Authorize the City Manager to amend and update the EOP as needed. Motion Bobko, second Tucker. The motion carried by a unanimous vote. k. BEACH RESTROOM IMPROVEMENTS — STATUS OF THE 14TH STREET RESTROOM. Memorandum from Interim Public Works Director Frank Senteno dated July 21, 2011. Interim Public Works Director Senteno presented the staff report and 1111 responded to Council questions. Action: To cancel the contract to demolish the restroom, lock the restroom until such time as it is needed to use as is, and save for now the money earmarked for the demolition. Motion Tucker, second Bobko. The motion carried by a unanimous vote. At 12:03 a.m., the order of the agenda went to Other Matters, City Council. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. AB455 PUBLIC EMPLOYMENT: LOCAL PUBLIC EMPLOYEE ORGANIZATIONS — APPOINTMENT OF MEMBERS TO THE CIVIL SERVICE COMMISSION REQUIRES THAT 50% BE APPOINTED FROM A LIST SUPPLIED BY LARGEST EMPLOYEE ORGANIZATION. (Continued from meeting of July 12, 2011) Memorandum from City Manager Stephen Burrell dated July 7, 2011. Action: Council consensus was to continue the item because of the lateness of the hour. b. APPROVAL PROCESS FOR ISSUING PRESS RELEASES ON BEHALF IIIOF THE CITY. Memorandum from City Manager Stephen Burrell dated July 18, 2011. City Council Minutes 07-26-11 Page 13252 • Action: Council consensus was to continue the item because of the lateness of the hour. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of July 12, 2011) Memorandum from City Clerk Elaine Doerfling dated July 5, 2011. Action: Council consensus was to continue the item because of the lateness of the hour. b. RESOLUTION SUPPORTING THE HEALTHY EATING ACTIVE LIVING CITIES CAMPAIGN. Memorandum from City Manager Stephen Burrell dated July 21, 2011. Supplemental email from Ken Hartley received July 26. Action: Council consensus was to continue the item because of the lateness of the hour. 9. OTHER MATTERS - CITY COUNCIL (a) Request from Mayor Fishman to determine level of interest in a proposal by Bryan Winters for a pedestrian bridge across Pier Avenue at PierNalleylArdmore intersection. Mayor Fishman spoke to his item, noting that Mr. Winters had indicated he believed there was potentially $3 million in grant money. Proposed Action: To agendize the subject at a future City Council meeting. Motion Mayor Fishman. The motion failed due to lack of Council support. (b) Request from Mayor Pro Tempore Duclos to review the City Treasurer position. Mayor Pro Tem Duclos withdrew his item, suggesting the issue be addressed in the fall when the Council discusses the 10% cut in City expenses. City Manager Burrell indicated that City Treasurer was an elected position and no changes could be made until 2015 because the nomination process for the November 8 election had already begun. (c) Request from Mayor Pro Tempore Duclos for a review of City policy for sidewalk cleaning on Pier Avenue. • Mayor Pro Tem Duclos spoke to his item. City Council Minutes 07-26-11 Page 13253 Action: To agendize the subject at a future City Council meeting. • Motion Mayor pro tern Duclos, supported by Tucker and Mayor Fishman. • • (d) Request from Councilmember Tucker to review the process for charging for multiple responses to house parties. Councilmember Tucker spoke to his item. Action: To agendize the subject at a future City Council meeting. Motion Tucker, supported by Duclos and Mayor Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, July 27, 2011, at the hour of 12:14 a.m. to a Regular meeting to be held on August 9, 2011, at the hour of 7:00 p.m. City Council Minutes -27e-61-A4j puty City Clerk 07-26-11 Page 13254 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held Tuesday, August 2, 2011, at the hour of 8:08 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None PLEDGE OF ALLEGIANCE — Councilmember Bobko PUBLIC PARTICIPATION: Coming forward to address the Council at this time was: Brittny Burford — Business License Tax Review Committee, asked about using downtown surcharge funds to keep the area cleaner and free of litter (she was advised that the City follows up on any performance complaints with the street sweeping company). MUNICIPAL MATTERS 1. Business License Tax Ballot Measure: Consideration of two language modifications to the Business License Tax Ordinance placed on the November 8, 2011 ballot by the City Council at its July 26, 2011 meeting, as follows: (a) Clarification of the definition of "downtown" for purposes of the 20% surcharge provided for in Section 5.04.200.B. (b) Clarification as to whether drive-through restaurants are exempt from paying a business license tax in the first year of operation. City Attorney Jenkins presented the staff report and responded to Council questions. Andrea Jacobsson — Business License Tax Review Committee member, commented on sales tax and drive-through restaurants. Action: To clarify that drive-through restaurants shall be exempt from paying a business license tax in the first year of operation. Motion Bobko, second Tucker. The motion carried by a unanimous vote. Proposed Action: To impose a 20% surcharge to all businesses, excluding home occupations, within the Downtown (bounded by Palm Drive on the east, the Strand on the west, 14th Street on the north and 8th Street on the south). Motion Bobko, second Tucker. The motion was replaced by the following substitute motion. Proposed Action: To expand the Downtown area subject to the surcharge of 20% to include both sides of 14th Street and 8th Street. Motion Fishman, second Duclos. The motion was subsequently withdrawn. City Council Special Minutes 08-2-11 Page 13255 • • • Action: To require that all businesses, excluding home occupations, located within the area bounded by Palm Drive on the east, the Strand on the west, 16th Court on the north and 8th Street on the south ("Downtown") shall pay 20% in addition to the rates established in the Schedule of Taxes. Motion Tucker, second DiVirgilio. The motion carried, noting the dissenting vote of Bobko. 2. Re -adoption, with the above clarifications in the proposed ordinance, of a resolution ordering the submission to the qualified voters at the General Municipal Election on November 8, 2011, of an ordinance relating to a comprehensive reorganization and update of the City's Business License Tax Ordinance and rescinding Resolution No. 11-6758. Action: To approve the staff recommendation to adopt Resolution No. 11- 6763, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY NOVEMBER 8, 2011, AS CALLED BY CITY COUNCIL RESOLUTION NO. 11-6750, OF AN ORDINANCE RELATING TO A COMPREHENSIVE REORGANIZATION AND UPDATE OF THE CITY'S BUSINESS LICENSE TAX ORDINANCE AND RESCINDING RESOLUTION NO. 11-6758" with the attached proposed ordinance amended to reflect the clarifications made this evening. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, August 2, 2011, at the hour of 8:41 a.m. to a Special meeting at Hermosa Valley School to be held on August 9, 2011, at 7:00 p.m., preceded by a closed session at 4:30 p.m. at City Hall. eputy City Clerk City Council Special Minutes 08-2-11 Page 13256 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of III Hermosa Beach, California, held Tuesday, August 9, 2011, at the hour of 5:32 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held on July 26, 2011. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Hermosa Beach Citizens United vs City of Hermosa B each Los Angeles County Superior Court Case Number: BS131419 Anticipated Litigation: Government Code Section 54956.9(b) b) Number of Cases: 1 (Letter from William Beverly regarding claim of Thomas Brodie). City Council Minutes 08-09-11 Page 13257 Ill ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 9, 2011, at the hour of 5:33 p.m., to a closed session. • • RECONVENE TO OPEN SESSION — At the hour of 6:33 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order in the Hermosa View multi-purpose room at 7:07 p.m. PLEDGE OF ALLEGIANCE — Hermosa Beach students Brian and Elise Adler ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the closed session took place at City Hall at 5:30 p.m.; one item regarding construction project litigation was added to the agenda; there were no public comments and no reportable actions. ANNOUNCEMENTS — Mayor pro tem Duclos congratulated Hermosa lifeguard Allison Ridley, top life-saving competitor at the National Lifeguard Championships last week; informed residents that Emergency Upgrade California may provide up to $6,000 for home upgrades and retrofits, noting pamphlets available at City Call and more information at 1-888-785-2237 or www.emergencvur gradescalifornia.orq with a first come, first served offer until Labor Day; and discussed an energy-efficient building and new businesses on Pier Avenue. Mayor Fishman announced the Kiwanis Club "Taste of the Beach" fundraising event at the Community Center courtyard Sunday, August 21, the Chamber of Commerce "Sidewalk Sale and Dine Around Town" event Saturday and Sunday, August 20-21; the Sister City Association barbecue "scholarship fundraiser" 5-11 p.m. Sunday, August 14, at the Kiwanis Clubhouse; and the South Bay Bike Coalition "Moving Planet South Bay" event September 24 at Valley and Morningside (near the Shade Hotel) in Manhattan Beach. PRESENTION BY THE WOMAN'S CLUB OF HERMOSA BEACH TO THE HERMOSA BEACH POLICE DEPARTMENT AND FIRE DEPARTMENT Woman's Club president Vicki Garcia and member Dorothy Yost presented checks to the Police and Fire Departments and invited everyone to their 20th Annual Pancake Breakfast fundraiser on October 16, 2011, the proceeds of which would be used to provide more funds in support of the community. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS City Council Minutes 08-09-11 Page 13258 • • (a) Letter from Howard Lonqacre dated August 3, 2011 regarding a correction of comment made at the August 2, 2011 Special City Council meeting regarding the Business License Tax Committee's proposal pertaining to the "restaurants with drive-through" category. No one came forward to address the Council on this letter. Action: To receive and file the letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. Coming forward to address the Council at this time was: Adrienne Slaughter - Hermosa Beach Kiwanis Club president, invited all to attend the Sixth Annual Taste at the Beach Fine Wine/Extravaganza 3-7 p.m. August 21, at the Community Center; said tax deductible tickets may be purchased for $60 each at www.tasteatthebeach.com; Maureen Hunt - Hermosa Beach Chamber of Commerce interim executive director, presented checks of $3,608 each to the local non-profit community organizations who manned the Beer and Wine Garden at the Memorial Day Weekend Fiesta Hermosa - the Kiwanis Club, Woman's Club, Art Walk, Education Foundation and Arts Foundation; Sam Perrot - speaking for Ken Klade and the Art Walk organization, said their proceeds would be used for scholarships; Cammy Herbert - said her position of Vice President of Community Services for Hermosa Schools was new and she was the person to contact to take advantage of school parent assistance for community projects; Scott Gobble - Southern California Edison, presented an Energy Program plaque to the City for achieving the Silver level, with the next levels being Gold and Platinum; said checks presented to the City for energy savings would have no strings attached; and Sam Pena - Consolidated Disposal Services, said the pilot program using porters to collect trash from Pier Plaza businesses was going well. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k) with the exception of item 2(k) which was continued at staffs request to the meeting of September 13, 2011. Agenda item 8(b) was also continued at this time at staffs request to the meeting of September 27, 2011. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on June 14, 2011; and 2) Minutes of the Adjourned Regular meeting held on June 28, 2011. • Action: To approve, as presented, Council minutes of the Regular meeting of June 14, 2011, and the Adjourned Regular meeting of June 28, 2011. City Council Minutes 08-09-11 Page 13259 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63830 THROUGH 63984 AND APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. • Action: To ratify the check register as presented and to approve the cancellation of check number 63430 as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and the City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated August 3, 2011. Action: To receive and file report of Customer Service Surveys/Complaints. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated August 1, 2011. (f) (g) Claimant: Carlo, Anthony Date of Loss: 06-27-11 Date Filed: 07-19-11 Allegation: Property damage Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT AND TIMELINE FOR ADOPTION OF THE SOUTH BAY BICYCLE MASTER PLAN. Memorandum from Community Development Director Ken Robertson dated August 2, 2011. Action: To receive and file Status Report and Timeline for Adoption of the South Bay Bicycle Master Plan, as recommended by staff. RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR ASSISTANT TO THE CITY MANAGER. (Continued from meeting of July 26, 2011) Memorandum from City Manager Stephen Burrell dated July 20, 2011. III Action: To approve the class specification for Assistant to the City Manager, as recommended by staff. City Council Minutes 08-09-11 Page 13260 (h) RECOMMENDATION TO APPROVE AN ADDITIONAL DATE OF •THURSDAY, AUGUST 18, 2011 TO THE WIDE OPEN VOLLEYBALL TOURNAMENT PERMIT. Memorandum from City Manager Stephen Burrell dated August 4, 2011. (i) U) Action: To approve an additional date of Thursday, August 18, 2011 to the Wide Open Volleyball Tournament permit, as recommended by staff. RECOMMENDATION TO APPROVE THE DATE CHANGE FOR THE SMACKFEST BEACH VOLLEYBALL TOURNAMENT FROM SEPTEMBER 24, 2011, TO SEPTEMBER 17, 2011. Action: To approve the date change for the Smackfest Beach Volleyball Tournament from September 24 to September 17, 2011, as recommended by staff. RECOMMENDATION TO REJECT THE BID SUBMITTED BY US LIGHTING TECH; REJECT THE BID SUBMITTED BY WEST -LITE SUPPLY COMPANY, INC. FOR $52,517.45; AUTHORIZE ESTIMATED REVENUE OF $58,136 AND APPROPRIATION OF $58,136 IN THE 150 GRANTS FUND OF PROJECT NO. CIP 11-662 — EECBG ENERGY EFFICIENCY UPGRADES; AWARD PROCUREMENT CONTRACT FOR PURCHASE OF HIGH -EFFICIENCY PARKING STRUCTURE LIGHTING FIXTURES TO GREENCREST ENERGY SOLUTIONS OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $70,268.61; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Interim Public Works Director Frank Senteno dated August 3, 2011. Action: To approve the staff recommendation to: (1) Reject the bid submitted by US Lighting Tech; reject the bid submitted by West -Lite Supply Company, Inc. for $52,517.45; (2) Authorize estimated revenue of $58,136 and appropriation of $58,136 in the 150 Grants Fund of Project No. CIP 11-662 — EECBG Energy Efficiency Upgrades; (3) Award procurement contract for purchase of high -efficiency parking structure lighting fixtures to Greencrest Energy Solutions of Anaheim, California in the amount of $70,268.61; (4) Authorize the Mayor to execute and the City Clerk to attest subject to approval of the City Attorney; and, (5) Authorize the Director of Public Works to make changes as necessary within the approved budget. (k) RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION FOR CIP PROJECT NO. 04-116 PIER AVENUE PROJECT; AUTHORIZE City Council Minutes 08-09-11 Page 13261 • THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE STAFF TO RELEASE PAYMENT TO PIMA CORPORATION (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION. Memorandum from Interim Public Works Director Frank Senteno dated August 3, 2011. Action: To continue to the City Council meeting of September 13, 2011. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed for separate discussion. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. HERMOSA VIEW SCHOOL SAFE -ROUTE -TO -SCHOOL PROJECT. Memorandum from Interim Public Works Director Frank Senteno dated August 3, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Lee Grant - Hermosa Beach, opposed sidewalks on 16th Street; noted the traffic increase since the signal at Pacific Coast Highway was installed, resulting in decreased property values; asked about available funds and if aesthetics were considered; submitted information packets; Alan Toman - Hermosa Beach, also opposed installation of the 16th Street sidewalks, noting the lack of use of the portion of existing sidewalk; agreed traffic volume and speed had increased with the installation of the traffic signal at Pacific Coast Highway; Sandy Fineman - Hermosa Beach, spoke in support of sidewalks on the south side of the street because it would be a faster and Tess intrusive project to complete while still providing safety for school children; Carol Adler- Hermosa Beach, said 16th Street is the route used by groups of students for field trips and after-school programs; said she walked her children to both schools and has noted drivers speeding; said it would be safer for the children to have sidewalks at least on one side; Lyn Clemons - Hermosa Beach, said sidewalks had been rejected in the past because of cost and impact to personal property; asked about the grant amount, the financial burden to homeowners, and the possible damage to underground water pipes; City Council Minutes 08-09-11 Page 13262 • • • Rosalind Bender — Hermosa Beach, opposed the 16th Street sidewalk proposal, saying it would disrupt the neighborhood but not improve safety; said the street was not intended to handle the high volume of noisy, speeding traffic caused by the signal at Pacific Coast Highway; Lisa Santora — Beach Cities Health District and Hermosa Beach resident; supported a safe route to school, commended people who walked their children to school as part of the of Vitality City goals, said older adults also needed sidewalks; David Adler — Hermosa Beach, supported a safe route to school but thought measures to slow and decrease traffic on 16th Street should also be addressed to improve safety for school children; Greg Sampson — Hermosa Beach, supported the safe route to school with sidewalks on either or both sides of 16th Street; asked about reducing the sidewalk width, establishing a neighborhood parking district, the cost to homeowners, and if the City would rebuild anything destroyed during sidewalk installation; and Melinda Brown — Hermosa Beach, supported the safe route to school with a sidewalk on one side of the street; said inadequate parking and the lack of enforcement of speeders were problems on 16th Street; asked the street width and the current number of parking spaces. Action: To authorize staff to: (1) Solicit proposals for engineering services for the preparation of plans, specifications, and construction estimate for the proposed Hermosa View Safe -Route -To -School (SR2S) Project with sidewalk installation on only the south side of 16th Street; and (2) Research the creation of safe routes to Hermosa's other two schools and an education/outreach program, using "Safe Route to School" grant funds remaining, since the approved project was reduced in scope to provide sidewalks on only one side of 16th Street. Motion Tucker, second Duclos. The motion carried by a unanimous vote. City Manager Burrell advised any residents interested in traffic calming measures to contact Public Works for information on the petition process required to request installing speed humps on 16th Street. b. REPORT ON PUBLIC URINATION PROBLEM. Memorandum from Police Chief Greg Savelli. Police Chief Savelli presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Lyn Clemons — Hermosa Beach, said Amsterdam has small public restrooms that resemble phone booths and are less prone to vandalism. City Council Minutes 08-09-11 Page 13263 • • Action: To receive and file the report and direct staff to follow up on some of the recommendations based on Council feedback this evening, including: (1) Begin again to dialogue with the Tavern Association on the issue; and (3) Contact businesses with dark surrounding areas to discuss additional lighting to improve the problem. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. c. PROPOSED ELECTRIC VEHICLE CHARGING STATIONS ON PIER AVENUE AND AT CITY HALL. Memorandum from Interim Public Works Director Frank Senteno dated August 1, 2011. Supplemental email from Ann Hempelmann received on August 9, 2011. Interim Public Works Director Senteno presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Michael Jones — Coulomb Technologies, discussed in detail the proposed charging stations; and Dency Nelsen — spoke in support of the charging stations, but suggested contacting other vendors as well. Action: To approve the staff recommendation to: (1) Approve the location of four new Electrical Vehicle Charging Stations; (2) Execute an agreement with Coulomb Technologies (Coulomb) for the procurement of four Electric Vehicle Charging Stations and associated subscription services; (3) Authorize staff to obtain engineering services for design of electrical facilities, to develop a scope of work and construction estimate; (4) Authorize staff to obtain a construction estimate from Coulomb Technologies' authorized installer (Clean Fuel-Connections/The Linc Group) for installation of the charging stations; and (5) Appropriate AQMD funds in the amount of $102,531 for the design and installation of the charging stations. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. The meeting recessed at 9:57 p.m. The meeting reconvened at 10:10 p.m. d. SOUTH PARK MASTER PLAN - STATUS REPORT AND PROPOSED MODIFICATION TO ALLOW SPACE FOR A PROPOSED COMMUNITY GARDEN. Memorandum from City Manager Stephen Burrell dated August 3, 2011. Supplemental email from Ann Hempelmann received on August 9. • City Manager Burrell presented the staff report and responded to questions. City Council Minutes 08-09-11 Page 13264 • • Coming forward to address the Council on this item were: Chris Loretson — Hermosa Beach, representing the Community Garden group, described the proposed pilot program; the mobile raised beds; irrigation, pest control; gardening classes; and integration into the neighborhood, including parking issues; Lisa Santora — Beach Cities Health District and Hermosa Beach resident, spoke in support of the proposed project; said it was important for children to learn gardening and eating healthy; and Jessica Guheen — Hermosa Beach, discussed funding and fundraising; said this program would be wonderful for the children coming to the park for after-school programs and would fit into the Vitality City objectives. Action: To approve the Parks and Recreation Commission recommendations as amended this evening by the City Council to: (1) Phase the improvements to South Park. Phase I would include removal of the skate rink and installation of the accessible children's play area and related work. The Phase I improvements are consistent with the approved Master Plan. (2) Include removal of the existing bleachers. (3) Allocate the Los Angeles County Regional Park and Open Space District grant of $150,000 to the South Park Phase I project. (4) Allow temporary use of the skate rink, until it is set to be removed, for a garden demonstration program, to be done under the auspices of the Community Garden group. (5) Approve scheduling of a public hearing at the Parks, Recreation and Community Resources Advisory Commission meeting of October 4, 2011, to consider amending the South Park Master Plan to allocate a portion of the northeast corner of the park for use as a Community Garden. (5) Require the Community Garden group to provide proof of insurance. Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. APPROVAL PROCESS FOR ISSUING PRESS RELEASES ON BEHALF OF THE CITY. (Continued from meeting of July 26, 2011) Memorandum from City Manager Stephen Burrell dated July 18, 2011. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To have the Mayor and Mayor pro tem review and approve each press release, which will then go out under the Mayor's signature. Motion Bobko, second Duclos. The motion carried by a unanimous vote. • b. MARINELAND MOBILEHOME PARK — REQUEST FOR AMENDMENT TO PRE -DEVELOPMENT LOAN AGREEMENT AS PART OF THE RESIDENT City Council Minutes 08-09-11 Page 13265 • PURCHASE OF THE PARK. Memorandum from City Manager Stephen Burrell dated August 4, 2011. • City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Janice Yates — Marineland Mobilehome Park resident, urged the City Council to approve the agreement. Action: To approve the Second Amendment to the Pre -Development Loan Agreement as part of the resident purchase of the Marineland Mobilehome Park. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of meetings of July 12, 2011 and July 26, 2011) Memorandum from City Clerk Elaine Doerfling dated July 5, 2011. City Clerk Doerfling presented the staff report and responded to Council questions, noting that the revised list would include recent appointments of Mayor pro tem Duclos as delegate and Councilmember Tucker as alternate to the Bay Watershed Council of Santa Monica Bay Restoration Commission. Action: To eliminate the Business License Tax Review, appoint Mayor pro tem Duclos as delegate and Councilmember DiVirgilio as alternate to the South Bay Council of Governments, and approve the remaining committee assignments as presented, with the inclusion of the Bay Watershed Council. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. b. CONSIDERATION OF REVISED RESOLUTION SUPPORTING THE HEALTHY EATING ACTIVE LIVING CITIES CAMPAIGN. Memorandum from City Manager Stephen Burrell dated July 28, 2011 Action: At the request of City Manager Burrell, there was Council consensus to continue to the City Council meeting of September 27, 2011. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Fishman to consider adopting a resolution setting City Council meeting procedures and a meeting ending time. 411 Mayor Fishman spoke to his item. City Council Minutes 08-09-11 Page 13266 • Action: To agendize for Council discussion and consideration at a future meeting the adoption of a resolution establishing an 11 p.m. ending time for meetings and requiring a four-fifths vote by the Council to extend the time. Motion Mayor Fishman, supported by Bobko and DiVirgilio. b. Request from Mayor Fishman to direct staff to return with a program for Hermosa Beach similar to the "Project Shush!" program in Long Beach's Belmont Shore area. Mayor Fishman spoke to his item. Action: To direct staff to study and report back with a program similar to "Project Shush" for Council discussion and consideration at a future meeting. Motion Mayor Fishman, supported by Tucker and Duclos. c. Request from Councilman DiVirgilio to update Commission attendance requirements (as outlined on our website) that allows for four (4) absences per year to allow for two (2) absences per year. Four absences is excessive given commissions (except for the Planning Commission) meet six times per year. Once the language is corrected staff will then communicate the change to each commissioner. • Councilmember DiVirgilio spoke to his item. Action: To direct staff to report back on the issue for Council discussion and consideration at a future meeting. Motion DiVirgilio, supported by Duclos and Mayor Fishman d. Request from Councilman DiVirgilio to direct staff to return with a year- to-year stacked bar chart comparison of City general fund expenditures changes from FY09/10 to FY10/11 to budgeted FY11/12. Councilmember DiVirgilio spoke to his item Action: To direct staff to prepare a one -sheet document showing a year-to- year comparison of expenditure categories to determine those that increased and those that decreased and how the wages saved by the staff reduction of 20 employees are being used for discussion at a future Council meeting. Motion DiVirgilio, supported by Duclos and Mayor Fishman e. Request from Councilman DiVirgilio to direct staff to supply the City Council with the information provided to the LA County Civil Grand Jury indicating our 'Side Fund balance would be fully paid off between FY 2016-2017 and FY 2018-2019'. City Manager Burrell said an agenda item would not be necessary, that staff would provide the information. City Council Minutes 08-09-11 Page 13267 • f. Request from Councilman DiVirqilio to direct staff to temporarily pause the Green Task Force application process and relaunch the process after (a) reviewing the Sustainability Plan and (b) refining and focusing the group's mission statement. • • Councilmember DiVirgilio spoke to his item. Action: To temporarily suspend recruitment for the Green Task Force and start recruiting again after the first of the year after the sustainability plan is submitted. Motion DiVirgilio, supported by Duclos and Mayor Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, August 9, 2011, at the hour of 11:22 p.m. to a Regular meeting to be held on September 13, 2011, at 6:00 p.m. City Council Minutes uty City Clerk 08-09-11 Page 13268 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, August 25, 2011, at the hour of 7:30 a.m. CALL TO ORDER ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, August 25, 2011, at the hour of 7:31 a.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 9:14 a.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 25, 2011, at the hour of 9:31 a.m., to the Regular Meeting of September 13, 2011, at 6:00 p.m. City Council Minutes 8-25-11 Page 13269 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of ID Hermosa Beach, California, held on Tuesday, September 13, 2011, at the hour of 6:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on August 9, 2011; and b. Closed Session meeting held on August 25, 2011. 3. CONFERENCE WITH LEGAL COUNSEL III The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. • Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Jan D. Nguyen [Deceased: Timothy Turek] v. City of Hermosa Beach WCAB No.: ADJ7294080 b) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 c) Name of Case: Seidensticker v. City of Hermosa Beach Case Number: CV10-6574 GAF d) Name of Case: Hermosa Beach Citizens United vs City of Hermosa Beach Los Angeles County Superior Court Case Number: BS131419 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager City Council Minutes 09-13-11 Page 13270 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 13, 2011, at the hour of 6:01 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:10 p.m. PLEDGE OF ALLEGIANCE — James Castro, Consolidated Disposal Service ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments and no agenda items added; said four matters of pending litigation were discussed and there were no reportable actions. ANNOUNCEMENTS — Mayor pro tem Duclos announced rebates through the Environmental Service Center of up to $8,000 for energy upgrades, and encouraged everyone to learn more by attending an open house sponsored by two Hermosa Beach residents from 5-7:30 p.m. on Thursday, September 15, at 723 30th Street. He welcomed a new business, Deep Pocket Jean Company, at 200 Pier Avenue. Councilmember Tucker asked to adjourn the meeting in memory of a colleague from the Coastal Cities Committee, Fort Bragg City Councilman Jere Melo, who worked hard for his community and the State of California, which he loved. Councilmember DiVirgilio announced a "Moving Planet South Bay" event Saturday, September 24, hosted by Manhattan Beach and supported by Hermosa Beach, to celebrate several programs, including Vitality City and South Bay Master Bike Plan. Mayor Fishman added that Hermosa Beach would have a display at the "Moving Planet South Bay" event and volunteers were needed. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Alan Dettelbach requesting appeal of denial of issuance of Residential Parking Permit for 419 24th Street. Coming forward to address the Council on this letter was: Alan Dettelbach — Hermosa Beach, described the complex situation and said he appreciated the City working with him and hoped the problem would soon be resolved. City Council Minutes 09-13-11 Page 13271 • • • (b) Supplemental letter from Howard Longacre on several topics: placement of item 6b under Municipal Matters, Council meetings not being televised live/held at a location other than Council Chambers at City Hall, street paving, bars' closing time, using UUT funds for sewer repair, No one came forward to address the Council on this letter. Action: To receive and file both letters. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Alex Abad - South Bay Brokers on Upper Pier Avenue, showed a photo of seating outside his office that he was required to remove because of recent enforcement; explained that his seating and the outdoor display of merchandise by retail stores increased business and asked that the City reconsider its regulations; Sam Pena - Consolidated Disposal Service, said they were hosting an event on behalf of the Young Professionals Association September 21 at 6-8 p.m. at 200 Pier Avenue, and invited the community to attend; Ted Craddock - South Bay Brokers, reiterated the comments of Alex Abad, with whom he shared an office; Hany Fangary - Hermosa Beach, spoke of audio/visual problems with the offsite meeting at View School; urged that meetings be held only in the Council Chambers where the equipment provides better quality and Yolanda Reyes - owner of Anthology Boutique on Upper Pier Avenue, requested the Council to allow the display of merchandise outside of retail shops because it brings in customers. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) DiVirgilio, (f) and (I) Tucker. Mayor pro tem Duclos also asked that the Police Department's July report be discussed at the September 27 meeting and that Chief Savelli be present. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on June 28, 2011; 2) Regular meeting held on July 12, 2011; 3) Regular meeting held on July 26, 2011; and 4) Special meeting held on August 2, 2011. Action: To approve, as presented, the City Council minutes of the Regular meetings of June 28, July 12, July 26, 2011; and the Special meeting of August 2, 2011. City Council Minutes 09-13-11 Page 13272 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 63985 THROUGH 64336 AND APPROVE THE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented and to approve the cancellation of check numbers 63905 and 64107, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE: 1) Tentative Future Agenda Items; and 2) City Council Directives This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file the Tentative Future Agenda Items and City Council Directives. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. • (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 2011 FINANCIAL REPORTS: 1) Revenue and Expenditure report; and 2) City Treasurer's report. Action: To receive and file the June 2011 Financial Reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. (f) • Action: To receive and file the July 2011 Financial Reports. RECOMMENDATION TO ACCEPT DONATIONS OF $1,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED BY THE POLICE DEPARTMENT FOR PUBLIC RELATIONS; AND, $1,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED BY THE POLICE DEPARTMENT FOR PUBLIC EDUCATION. Memorandum from Finance Director Viki Copeland dated September 6, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 09-13-11 Page 13273 • (g) Action: To accept the following donations: $1,000 from the Woman's Club of Hermosa Beach to be used by the Police Department for public relations; and - $1,000 from the Woman's Club of Hermosa Beach to be used by the Police Department for public education. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE SOUTH BAY CITIES COUNCIL OF GOVERNMENT FOURTH AMENDMENT AND RESTATED JOINT POWERS AGREEMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated September 6, 2011. Action: To approve the South Bay Cities Council of Government Fourth Amendment and Restated Joint Powers Agreement and authorize the Mayor and City Clerk to execute the agreement on behalf of the City, as recommended by staff. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 2011. • Action: To receive and file the action minutes of the Planning Commission meeting of August 16, 2011. (i) (j) • RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated September 7, 2011. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO APPROVE THE AMENDMENT OF THE AGREEMENT TO PROVIDE CONSULTING SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT WITH J.H. DOUGLAS & ASSOCIATES, AMENDING SCOPE, INCREASING COMPENSATION BY $5,000 AND EXTENDING TERM TO DECEMBER 31, 2012, AND DIRECT CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR SERVICES. Memorandum from Community Development Director Ken Robertson dated September 6, 2011. Action: To approve the amendment of the agreement to provide consulting services to update the General Plan Housing Element with J.H. Douglas & Associates, amending scope, increasing compensation by $5,000 and extending term to December 31, 2012, and direct City Manager to execute an amendment to the agreement for services, as recommended by staff. City Council Minutes 09-13-11 Page 13274 • (k) RECOMMENDATION TO ACCEPT THE BIDS FOR TOWING AND STORAGE SERVICES AND AWARD THE BID TO FRANK SCOTTO TOWING; AND AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH FRANK SCOTTO TOWING FOR THESE SERVICES. Memorandum from Police Chief Greg Savelli. • (1) Action: To accept the bids for towing and storage services, award the bid to Frank Scotto Towing, and authorize the Mayor to execute the contract for these services, as recommended by staff. RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION FOR CIP PROJECT NO. 04-116 PIER AVENUE PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE STAFF TO RELEASE PAYMENT TO PIMA CORPORATION (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION. Memorandum from Public Works Director Frank Senteno dated September 7, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. The City Council congratulated Frank Senteno on his appointment to Public Works Director. Action: To approve the staff recommendation to: (1) Accept the work by Pima Corporation for CIP Project No. 04-116 Pier Avenue Project; (2) Authorize the Mayor to sign the Notice of Completion; and, (3) Authorize staff to release payment to Pima Corporation (10% retained for 35 days following filing of Notice of Completion). Motion Tucker, second Councilmember DiVirgilio. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (f) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. SOLID WASTE AND RECYCLING FRANCHISE SCOPE OF SERVICES AND CONTRACTING PROCESS. Memorandum from Community City Council Minutes 09-13-11 Page 13275 • • • Development Director Ken Robertson and Memorandum from Public Works Director Frank Senteno dated September 7, 2011. Supplemental email from Green Task Force Waste Reduction Subcommittee received on September 13, 2011. Public Works Director Senteno presented the staff report and responded to Council questions. Lisa Keating of HF&H Consultants outlined the five questions in the staff report to be answered by the City Council to move this process forward. The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item were: Jake Goldbrick — spoke in opposition to multiple carts, the "pay as you throw" graduated fee, and single stream — putting trash and recycling in the same container; asked how people could opt out of green waste; James Castro — Consolidated Disposal Service, said they could meet the needs of the City, whatever the scope of work; urged the City to renegotiate with them, and then, if desired, it could still go out to bid; Gary Clifford — Athens Services, asked for a chance to bid on the waste contract; said technology has changed and their philosophy is to re- use and recover waste rather than simply sending it to a landfill; Sandy Saemann — Hermosa Beach, opposed carts and single stream pickup; Steve Blaco — Hermosa Beach, supported keeping Consolidated Disposal Service but said the City should get money from recycling to support the schools; Douq Corcoran — Waste Management, urged the Council to go out to bid; said with new technology, they could offer the best, most cost effective contract for residents; Dency Nelson — Hermosa Beach, urged the Council to follow the recommendations of the Green Task Force, supported "pay as you throw" and the separation of trash/recycling; said most residents did not have a lot of green waste; Janice Yates — asked where green waste went and if it was composted (the consultant said it depended on the hauler, but Puente Hills Landfill is a popular location; said some haulers have their own compost locations, and the City uses a wood chipper for some of its own green waste; Lisa Ryder Moore — Green Task Force, supported "pay as you throw" and said, even though carts might be a challenge in small yards, they would be a good idea; and Hany Fangary — Hermosa Beach, supported going out to bid and favored Consolidated Disposal Service or Athens; said it would be good to have a comparison and a choice; The public hearing closed at 9:21 p.m. City Council Minutes 09-13-11 Page 13276 • • • Action: To direct the City Manager to prepare a request for proposals for a Solid Waste and Recycling Franchise Agreement based on the stated scope of work, and to solicit proposals via a competitive bid process, asking for two options: (1) single stream/fixed rate/residents' own containers and (2) pay as you throw/separated trash/carts, and include green waste for both. Motion Duclos, second Tucker. The motion carried, noting the dissenting vote of DiVirgilio. The meeting recessed at 9:53 p.m. The meeting reconvened at 10:10 p.m. b. TEXT AMENDMENT TO ALLOW OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY IN COMMERCIAL DISTRICTS, EXCLUDING UPPER PIER AVENUE. Memorandum from Community Development Director Ken Robertson dated September 6, 2011. Supplemental letter from resident Howard Longacre received on September 13, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 10:45 p.m. Coming forward to address the Council on this item was: Sandy Saemann — Hermosa Beach, spoke in opposition. The public hearing closed at 10:50 p.m. Proposed Action: To approve the staff recommendation to waive full reading and introduce an ordinance to amend the Municipal Code to allow outdoor dining on the public right-of-way in commercial districts, excluding Upper Pier Avenue, as a temporary measure, during study of a permanent ordinance. Motion Bobko, second Tucker. The motion was replaced by the following substitute motion. Action: To continue to the next Council meeting on September 27, 2011. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PRESENTATION OF GREEN TASK FORCE SUSTAINABILITY PLAN FINAL REPORT. Memorandum from Community Development Director Ken Robertson dated September 13, 2011. Community Development Director Robertson introduced Green Task Force Chair Phil Friedl, who described details of the plan, which was the culmination of two years of work by the Green Task Force. City Council Minutes 09-13-11 Page 13277 • • • Action: To accept the Sustainability Plan and direct staff to return with a two- year implementation plan. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. b. INTRODUCTION OF AN ORDINANCE REGARDING THE LOCATION OF CITY COUNCIL MEETINGS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated September 8, 2011. Supplemental letter from resident Howard Longacre received on September 12, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To waive full reading and introduce Ordinance No. 11-1326, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING CITY COUNCIL MEETINGS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE," with the deletion of the portion of the ordinance allowing for offsite meetings. Motion Duclos, second Mayor Fishman. The motion carried, noting the dissenting vote of Bobko. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LEAGUE OF CALIFORNIA CITIES 2011 ANNUAL CONFERENCE RESOLUTIONS. Memorandum from City Manager Stephen Burrell dated September 7, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: It was the consensus of the City Council to provide the following direction to Mayor Fishman, the City's voting delegate, on the six resolutions (described in the staff report) to be presented at the League of California Cities 2011 Annual Conference Business Meeting: to approve resolution numbers 1, 2, 3, 4 and 6, and to not approve resolution number 5. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Fishman that the City Council consider adopting an ordinance providing protection of adjoining and nearby property and persons during construction or remodel of a structure. Mayor Fishman spoke to his item. City Council Minutes 09-13-11 Page 13278 • • • Action: To direct staff to bring back a draft ordinance for Council discussion and consideration at a future Council meeting. Motion Fishman, supported by Duclos and Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, September 14, 2011, at the hour of 12:20 a.m. to a Special closed session meeting to be held on September 15, 2011, at 7:30 a.m. for the purpose of discussing labor negotiations. City Council Minutes uty City 2IwV4-Qr/L-)/ 09-13-11 Page 13279 • • • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, September 15, 2011, at the hour of 7:37 a.m. ROLL CALL: Present: DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: Bobko Also present: City Manager Steve Burrell, City Attorney Mike Jenkins, Finance Director Viki Copeland, Richard Kreisler, Jeff Freedman, Laura McCoy PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Stephen Burrell, Richard Kreisler, Jeff Freedman Employee Organizations:Hermosa Beach Police Officers' Association - Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, September 15, 2011, at the hour of 7:38 a.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 9:30 a.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, September 15, 2011, at the hour of 9:31 a.m., to the Regular Meeting of September 27, 2011, at 6:00 p.m. City Council Minutes 9-15-11 Page 13280 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 27, 2011, at the hour of 6:07 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: a. Approval of minutes of Closed Session meeting held on September 13, 2011; and, b. Approval of minutes of Closed Session meeting held on September 15, 2011. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 a. Title: City Manager b. Title: City Attorney 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Sipple vs. City of Hermosa Beach, [Los Angeles County] Case Number: BC462270 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 27, 2011, at the hour of 6:08 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:05 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:09 p.m. City Council Minutes 09-27-11 Page 13281 • PLEDGE OF ALLEGIANCE — Redondo Beach Councilmember Bill Brand ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the Council adjourned into closed session; said agenda items discussed were performance evaluations and existing litigation, Sipple v. Hermosa Beach (and several other cities) for a refund of taxes by AT&T. He said there was nothing added to the agenda and no reportable actions. ANNOUNCEMENTS — Mayor pro tern Duclos mentioned a new journalism class at Hermosa Valley School with students posting work on Hermosa Beach Patch. He encouraged everyone to take a look at http://hermosabeach.patch.com. Councilmember Tucker described sessions he and two other Councilmembers recently attended at the League of California Cities Conference in San Francisco and his work as a member of the League's Coastal Cities Committee. He also mentioned a fourth environmental award received for the City's Upper Pier Avenue project. PRESENTATIONS PRESENTATION OF PROCLAMATION TO THE CITY OF HERMOSA BEACH FROM SOUTHERN CALIFORNIA EDISON RECOGNIZING 125 YEARS OF EDISON SERVICE TO OUR COMMUNITY Scott Gobble, Southern California Edison, applauded the City for energy efficiency and carbon footprint reduction. CERTIFICATE OF RECOGNITION TO AECOM Mayor Fishman read the certificate and presented it to AECOM representatives, thanking them for their volunteer assistance in gaining grants for the City to help meet environmental objectives. INTRODUCTION OF NEW POLICE CAPTAIN Chief Savelli introduced Captain Steve Johnson, summarizing his 27 years of experience. Captain Johnson said he was happy and honored to be part of the Hermosa Beach Police Department and would do his best to maintain a safe community. City Council Minutes 09-27-11 Page 13282 • • • PRESENTATION BY BILL BRAND REGARDING AES EXPANSION Redondo Beach Councilmember Bill Brand described the history of the AES facility and the hazards of it being rebuilt after the scheduled demolition; he urged the City Council and Hermosa Beach residents to oppose this reconstruction. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. City Manager Burrell requested that item 6b (ban on polystyrene) be removed from the agenda and continued to a future City Council meeting because it was not responsive to action from the Council. Coming forward to address the Council at this time were: George Schmeltzer - Hermosa Beach, discussed the murals project, provided the location of the second mural and a slide show depicting it; Jennifer Acido - spoke in support of the Healthy Eating Active Living (HEAL) resolution for consideration on tonight's agenda; Dency Nelson - Hermosa Beach, expressed confusion about why the polystyrene item was removed from the agenda; said 50 other cities had established this ban and Hermosa Beach is usually a leader in environmental action; said recycling is not an acceptable alternative to the ban; showed a potato -based to -go food container as an economic substitute; Hany Fangary - Hermosa Beach City Councilmember candidate, encouraged opposition of the reconstruction and expansion of the AES power plant; and asked why there is a delay in banning polystyrene; Jose Bacallao - Heal the Bay and Hermosa Beach resident, also wondered why the Council was not adopting the polystyrene ban; Craig Cadwallader - Surfrider Foundation, supported the ban on polystyrene; Linda Ferrara - Torrance, described the theft, on September 12 in Hermosa Beach, of her business vehicle and the theft of her driver's cell phone, wallet and keys; felt that the Hermosa Beach Police Department did not take the proper action to apprehend the person committing the crime even when she tried to provide valuable information (Chief Savelli gave her his card and said he would look into the matter); Mike Miller- Hermosa Beach, supported the ban on polystyrene; Al Benson - Hermosa Beach Amateur Radio Association and Emergency Preparedness Advisory Commissioner, said the association had just been granted a non-profit 501c3 status by the Internal Revenue Service; said the Radio Association functioned for those interested in a hobby and/or emergency response communications; said there would be an association event with ham operators present on Saturday, City Council Minutes 09-27-11 Page 13283 • • October 15, from 9:00 a.m. to Noon in the City Hall parking lot seeking volunteers, determining skills and training in advance of service during a disaster; regarding the November 8 municipal election, he said there were three candidate debates scheduled as follow: (1) Wednesday, October 5, from 7-9 p.m., in the Council Chambers, hosted by the Radio Association; (2) Thursday, October 13, from 7-9 p.m., in the Council Chambers, hosted by Leadership Hermosa; and (3) Thursday evening, October 27, at the Beach House, hosted by the Chamber of Commerce; Lisa Ryder — Hermosa Beach Green Task Force Waste Reduction Subcommittee, said the Task Force researched polystyrene and recommended to the Council a ban; urged the Council to take this action soon; Dave Peterson — Hermosa Beach Green Task Force, urged the Council to notice a public hearing soon to discuss again a ban on polystyrene, hopefully before the November election; and Robert Reyes — Hermosa Beach real estate office on Upper Pier Avenue, urged the Council to again allow signs on the sidewalk, which draws people into his office; realized the importance of signage being tasteful and complying with regulations. 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. Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (g) and (h) Bobko. Motion Tucker, second Duclos. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF REGULAR MEETINGS OF AUGUST 9, 2011 AND SEPTEMBER 13, 2011. Action: To receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of Regular meetings of August 9, 2011 and September 13, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 64340 THROUGH 64472. IIIAction: To ratify the check register as presented and to approve the cancellation of check number 64159 as recommended by the City Treasurer. City Council Minutes 09-27-11 Page 13284 (c) RECOMMENDATION TO RECEIVE AND FILE • 1) Tentative Future Agenda Items; and, 2) City Council Directives • • Action: To receive and file the Tentative Future Agenda Items and City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the August 2011 financial reports (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated September 17, 2011. (f) g) Action: To receive and file Status Report of capital improvement projects that under design or construction. RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 2010-11 TO THE 2011-12 BUDGET; APPROVE REVENUE REVISIONS RELATED TO REAPPROPRIATIONS; AND, APPROPRIATE ADDITIONAL FUNDS FOR 2010-11. Memorandum from Finance Director Viki Copeland dated September 14, 2011. Action: To approve the staff recommendation to: (1) Reappropriate funds from 2010-11 to the 2011-12 budget; (2) Approve revenue revisions related to reappropriations; and, (3) Appropriate additional funds for 2010-11. RECOMMENDATION TO WAIVE $206 BANNER FEE FOR THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION AND THE HERMOSA BEACH EDUCATION FOUNDATION THIRD ANNUAL POKER AND CASINO NIGHT ON OCTOBER 15, 2011. This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting. Action: To waive only the portion of $206 banner fee (amount in staff report is correct) that is the equivalent percentage of the funds raised that will be donated to the Hermosa Beach Education Foundation for the Hermosa Beach Firefighters Association and the Hermosa Beach Education Foundation Third Annual Poker and Casino Night on October 15, 2011. City Council Minutes 09-27-11 Page 13285 • Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting votes of Duclos and Mayor Fishman. (h) RECOMMENDATION TO WAIVE $206 BANNER FEE FOR THE HERMOSA BEACH WOMAN'S CLUB PANCAKE BREAKFAST ON OCTOBER 16, 2011. (1) (J) • This item was removed from the consent calendar by Councilmember Bobko for separate discussion later in the meeting. Action: To waive $206 banner fee (amount in staff report is correct) for the Hermosa Beach Woman's Club Pancake Breakfast on October 16, 2011. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT THE PROPOSED REVISIONS TO THE CITY'S SPEED HUMP POLICY. Memorandum from Public Works Director Frank Senteno dated September 20, 2011. Action: To adopt the proposed revisions to the City's Speed Hump Policy. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JULY 18, 2011. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 18, 2011. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 2011. (1) • Action: To receive and file the action minutes of the Planning Commission meeting of September 20, 2011. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO JOHN M. CRUIKSHANK CONSULTANTS, INC. TO PROVIDE DESIGN SERVICES FOR PROJECT NO. CIP 11-652 PIER STRUCTURAL REPAIRS FY 11-12; INCLUDING A DETAILED STRUCTURAL ASSESSMENT OF THE ENTIRE PIER AND CONSTRUCTION PLANS AND SPECIFICATIONS FOR REPAIR OF DAMAGED PILINGS; FOR A FIXED FEE OF $59,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Frank Senteno dated September 20, 2011. City Council Minutes 09-27-11 Page 13286 • • (m) Action: To approve the staff recommendation to: (1) Award Professional Services Agreement to John M. Cruikshank Consultants, Inc. to provide design services for Project No. CIP 11-652 Pier Structural Repairs FY 11-12; including a detailed structural assessment of the entire pier and construction plans and specifications for repair of damaged pilings; for a fixed fee of $59,000; (2) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and, (3) Authorize the Director of Public Works to make changes to the agreement within the project budget. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70445 FOR A 7 -UNIT CONDOMINIUM PROJECT AT 722 FIRST STREET. Memorandum from Community Development Director Ken Robertson dated September 21, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6764, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 70445, FOR THE SUBDIVISION OF A SEVEN -UNIT COMMERCIAL CONDOMINIUM, LOCATED AT 722 FIRST STREET, LEGALLY DESCRIBED AS LOT 145, WALTER RANSOM CO'S VENABLE PLACE, IN THE CITY OF HERMOSA BEACH, CALIFORNIA." 3. CONSENT ORDINANCES a. ORDINANCE 11-1326 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING CITY COUNCIL MEETINGS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated September 19, 2011. Action: To waive full reading and adopt Ordinance No. 11-1326 Motion DiVirgilio, second Duclos. The motion carried by the following vote: AYES: DiVirgilio, Duclos, Tucker, Mayor Fishman NOES: Bobko ABSENT: None ABSTAIN: None At 11:09 p.m., the order of the agenda went to item 9(a) 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • Items 2(g) and (h) were heard at this time but are shown in order for clarity. City Council Minutes 09-27-11 Page 13287 Public comments on items removed from the Consent Calendar are shown • under the appropriate item. • • 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO ALLOW OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT, IN COMMERCIAL DISTRICTS, EXCLUDING UPPER PIER AVENUE, DURING STUDY OF A PERMANENT ORDINANCE. Memorandum from Community Development Director Ken Robertson dated September 20, 2011. (Continued from meeting of September 13, 2011.) Supplemental letter from Howard Longacre received prior to the September 13 Council meeting and submitted again on September 27. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:41 p.m. Coming forward to address the Council on this item were: Dino Capaldi — business owner on Hermosa Avenue, felt outdoor dining added charm to the City and convenience for people with children and pets and, as long as insurance was in order and a "swap meet" look was avoided, merchandise should be allowed also on a case-by-case basis for each business as their needs required; Mark Maniscalco — business owner on upper Pier Avenue, said the finished project was beautiful and felt there was more room for tables and displayed merchandise on the wider sidewalks; believed this should be allowed as long as there were regulations and taste; and Sandy Saemann — Hermosa Beach, said having been a restaurant owner for 25 years, he was in favor of outdoor dining but felt the proposed ordinance was not well thought out and did not adequately address enforcement or parking requirements. The public hearing closed at 8:50 p.m. Action: To waive full reading and introduce Ordinance No. 11-1327, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING TEMPORARY REGULATIONS SUPERSEDING CERTAIN PROVISIONS OF CHAPTER 12.16 AND CHAPTER 17.26 OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW OUTDOOR DINING IN THE PULIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT," with the change in Section 4, paragraph d, to remove the power of the Public Works Director to reduce the pedestrian path to Tess than five feet. The first sentence will read simply: A minimum five (5) foot wide pedestrian path shall be maintained at all time. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 09-27-11 Page 13288 • • • Further Action: To direct the Planning Commission to incorporate outdoor merchandise display and encroachments Citywide into their study also. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. REPORT OF OUTDOOR SMOKING ORDINANCE SUBCOMMITTEE. Memorandum from Mayor Fishman and Mayor Pro Tern Duclos dated September 13, 2011. Mayor pro tern Duclos and Mayor Fishman presented their report and responded to Council questions. Corning forward to address the Council on this item were: Lisa Santora — Beach Cities Health District, said smoking is a leading cause of death and banning smoking in public places would again make Hermosa Beach a leader in health and environmental issues; Dency Nelson — Hermosa Beach, said adopting such an ordinance would be consistent with Hermosa Beach being a green healthy city; said even though it is unfortunate that individual rights might be taken away, this is overridden by the effect of second hand smoke on others; Craig Cadwalleder — Surfrider Foundation, said, aside from health effects of second hand smoke, there are issues with litter from cigarette butts, which are toxic, and are left in the sand endangering children and in the ocean to harm marine life; Barbara DeVico — National Council on Alcohol and Drug Dependence, said second hand smoke is the third leading cause of death; said their research indicates most residents would support this restriction; Jeannie Jung — American Lung Association, distributed a report from the Association rating cities on protecting the public from second hand smoke; urged the Council to adopt this ordinance and offered the help of her organization; Tonya Gorham — Project Director for Project Trust, an agency dealing with tobacco control within the Los Angeles County Health Department; said their representative Robert Burger was present at the City's June 23 meeting on smoking in outdoor dining areas and she reiterated his offer to provide assistance with community education and signage if this ordinance is adopted; and Andrea Giancoli — Hermosa Beach, said she attended the City's June town hall meeting on this subject and was impressed by experts; spoke of third hand smoking hazards such as smoking residue on vinyl seats in restaurants; urged the Council to adopt this ordinance. City Council Minutes 09-27-11 Page 13289 • Action: To: (1) Direct staff to advertise a public hearing for the City Council meeting of October 25, 2011, to consider an ordinance banning smoking in the following outdoor areas: Restaurant patios/outdoor dining, Pier Plaza, all City parks and Greenbelt, the Strand and public parking lots; (2) Direct staff to work with the County's Project Trust for an education campaign and with Surfrider Foundation for disposal units around town, locations to be determined by staff. Motion Duclos, second Tucker. The motion carried, noting the dissenting vote of Bobko. b. DISCUSSION OF OPTIONS FOR REDUCING MARINE DEBRIS DUE TO POLYSTYRENE (NO. 6 RECYCLE CODE) FOOD SERVICE TAKE-OUT CONTAINERS. Memorandum from Community Development Director Ken Robertson dated September 16, 2011. Action: Council consensus was to continue this item to a future City Council meeting, as requested by City Manager Burrell at the beginning of the meeting. The meeting recessed at 9:47 p.m. The meeting reconvened at 9:57 p.m. • c. CONSIDERATION OF REVISED RESOLUTION SUPPORTING THE HEALTHY EATING ACTIVE LIVING CITIES CAMPAIGN. Memorandum from City Manager Stephen Burrell dated September 20, 2011. Revised resolution received from staff on September 27. • City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Andrea Giancoli — dietician representing the American Dietetic Association and a graduate of Leadership Hermosa, spoke in support of this resolution, which 90 California cities and 21 Los Angeles County cities have adopted; Laura Mizell — Hermosa Beach, said she worked in the health care industry designing interior spaces for hospitals, specifically bariatric facilities (for obese people); spoke in support of this resolution; Jim Whelehan — Hermosa Beach, spoke in support of healthy eating along with participating in sports and urged the Council to adopt the resolution; Lisa Santora — Beach Cities Health District and Hermosa Beach resident, spoke in support of the Vitality City program, which encourages the same concepts as this resolution, and makes healthy options easier. City Council Minutes 09-27-11 Page 13290 • • Action: To approve the staff recommendation to adopt Resolution No. 11- 6765, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING FORTH HERMOSA BEACH'S COMMITMENT TO OBESTITY PREVENTION." Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. GOALS AND WORKPLAN FOR 2011-12. Memorandum from City Manager Stephen Burrell dated September 19, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was that each Councilmember will prioritize the items, in each department section, by the October 6 City Council meeting. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. POLICE DEPARTMENT MONTHLY REPORT FOR JULY 2011. Memorandum from City Manager Stephen Burrell dated September 20, 2011. Mayor pro tem Duclos had asked that this report presented with the agenda packet for the September 13 meeting be discussed at this evening's meeting. Chief Savelli and City Manager Burrell responded to Council questions. Action: Council consensus was to receive and file the Police Department Monthly Report for July 2011. b. RESPONSE TO 2010-11 GRAND JURY REPORT ON PENSIONS IN LOS ANGELES COUNTY. Memorandum from Finance Director Viki Copeland dated September 20, 2011. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the responses to the 2010-11 Grand Jury findings and recommendations with a cover letter from the City Manager explaining that the responses were prepared by an actuary consultant and to have the City Manager sign the response submission. Motion Mayor Fishman, second DiVirgilio. The motion carried by a unanimous vote. At 11:03, the order of the agenda with to item 4, consent calendar items removed for separate discussion. City Council Minutes 09-27-11 Page 13291 • • • 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Fishman to revisit the $10.00 parking key reloading fee and direct staff to report back. Mayor Fishman spoke to his item. Action: To agendize a discussion for a future City Council meeting. Motion Mayor Fishman, supported by Bobko and Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, September 27, 2011, at the hour of 11:10 p.m. to a Regular meeting to be held on Tuesday, October 11, 2011, at 6:00 p.m. Ac.) )(ec_/ City Clerk City Council Minutes uty City Clerk 09-27-11 Page 13292 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, October 6, 2011, at the hour of 7:02 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None PLEDGE OF ALLEGIANCE — Fire Chief David Lantzer PUBLIC PARTICIPATION Coming forward to address the Council at this time were: Dale Lincoln — Hermosa Beach property owner/experienced fire protection planner, said Hermosa's Fire Department was understaffed; suggested that the beach cities consolidate their fire departments which, although a challenging task, would increase effectiveness and reduce cost; David Cohn — Hermosa Beach resident/City Treasurer candidate, described his credentials and his suggestion to establish a Finance Committee comprised of two City Councilmembers; two residents and the City Treasurer, whether he is elected or not; Sylvia Moreno — Hermosa Beach employee/Professional and Administrative Employees Association president, said staff has maintained excellent community services despite increased workload and stress caused by not replacing departing employees and no pay increases in three years which, with inflation, amounts to a 5.22% pay decrease, even though the City budget is balanced; said City staff are not just dollar figures or position titles and outsourced employees would lack their dedication; Julian Katz — Hermosa Beach, said using $100,000 to hire a consultant to establish the City's new solid waste contract was unnecessary since Hermosa's trash costs are so low, and the money would be better spent hiring more staff; George Barks — a former Hermosa Beach Councilmember, said the economic situation, not only locally but globally, meant that costs must be severely cut and shared services must be seriously considered; and Lou Morris — Hermosa Beach, opposed shared services and outsourcing because she wanted to maintain the safe community she had lived in for 20 years; said she did not understand why, with a balanced budget, the City is considering cutting safety personnel and other staff. 1. PRESENTATION OF REPORT ON REDUCING CORE STRUCTURAL CITY BUDGET BY 10%. Memorandum from City Manager Stephen Burrell. City Manager Burrell presented the staff report and responded to Council questions. The meeting recessed at 9:00 p.m. The meeting reconvened at 9:06 p.m. City Council Minutes 10-6-11 Page 13293 • • • Coming forward to address the Council at this time were: Kelly Kovak Reedy — Hermosa Beach, said her work with Neighborhood Watch had her in close contact with the Police and Fire departments and she opposed contracting out City services; and George Barks — said he preferred shared services over contract services; said maybe the way to ease into shared services was with something other than safety personnel. Action: To approve the first three staff recommendations to: (1) Include personnel cost reductions in the Meet and Confer process with the seven employee organizations; (2) Direct staff to prepare a second round of two-year service credit incentives with PERS to encourage eligible employees to retire which would lower City costs since replacement employees would be on the Tier II retirement program and have lower starting salaries; and (3) Update discussion with the City's financial advisor about the feasibility of issuing Pension Obligation Bonds (POB's) and project savings along with a discussion of POB's as related to the Grand Jury report. Further, to consider discussion of a new suggestion which would calculate salaries on an employees' performance and the value of the position. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. Proposed Action: To prepare a Request for Proposal to hire an outside contractor to handle Parking Enforcement and Animal Control. Motion Bobko, second DiVirgilio. The motion was withdrawn. Action: To direct staff to agendize the additional recommendations (Nos. 4 through 8 in this evening's staff report) at the Council's goals session to determine priority. Motion Bobko, second Tucker. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Adjourned Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, October 6, 2011, at the hour of 9:57 p.m. to a Regular meeting to be held on Tuesday, October 11, 2011, at 6:00 p.m. City Council Minutes puty City Clerk 10-6-11 Page 13294 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, October 11, 2011, at the hour of 6 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting of September 27, 2011. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: Negotiating Parties: Under Negotiation: b. Property: Negotiating Parties: Under Negotiation: 552 11th Place Stephen Burrell Richard Thielscher Price & Terms of Payment 1303 Hermosa Ave Stephen Burrell James G. Wellbaum Price & Terms of Payment 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 11, 2011, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:05 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:13 p.m. PLEDGE OF ALLEGIANCE — Al Benson • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None (Bobko and DiVirgilio left the meeting at 10:22 p.m.) City Council Minutes 10-11-11 Page 13295 • CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments before the Council adjourned into closed session, at which time three agenda items were discussed — two real estate negotiations and one staff evaluation — with no reportable actions taken. • • ANNOUNCEMENTS: Councilmember Tucker reported that he and Mayor pro tern Duclos recently attended the West Basin Water Harvest Festival where Hermosa Beach was acknowledge for being first among cities in Los Angeles and Orange counties in the Wyland challenge to conserve water. PROCLAMATIONS NATIONAL HEALTH EDUCATION WEEK OCTOBER 16-22, 2011 Mayor Fishman read the proclamation and said it would be mailed to the appropriate organization since no one was present to accept it. PRESENTATIONS PRESENTATION BY VITALITY CITY Veronica Flores gave a PowerPoint presentation and described the goals, activities and strategies of Vitality City PRESENTATION BY ROBERT FORTUNATO GREEN IDEA HOUSE UPDATE Because of the heavy agenda, Mr. Fortunato volunteered to give his presentation at a future meeting, and the City Council agreed. At this time, Fire Chief Lantzer came forward with 17 residents who had been sworn in the previous day after receiving disaster response training. Jan Brittain, representing the group, gave further details. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Ken Hartley — said the Emergency Preparedness Advisory Commission had applied for a $5,000 grant through the Beach Cities Health District to place eight defibrillators around the City and schools; Adrienne Slaughter — Woman's Club of Hermosa Beach, invited the community to the Club's Annual Pancake Breakfast on Sunday, October 16, with City Council Minutes 10-11-11 Page 13296 • tickets at $8 per person or two for $15, noting the event raises money for the local charities supported by the Club; Laurie Baker - Hermosa Beach, invited the community to the Hermosa Beach Firefighters Association Poker and Casino Night Saturday, August 29, with a portion of the proceeds going to the Hermosa Beach Education Foundation; urged participation in the Skechers Pier to Pier Friendship Walk Sunday, October 30, which will also benefit the Ed Foundation; Jennifer Acido - Hermosa Beach, said crossing guard Anne Kish, was struck by a car at the Pier Avenue/Pacific Coast Highway intersection, asked for changes to make it safer, perhaps a pedestrian bridge or no turn on red (the issue was referred to the Council's PCH/Aviation Committee); Andrea Giancoli - Hermosa Beach, agreed the intersection needed safety changes and suggested another crosswalk on the other side; Dave Cohn - Hermosa Beach City Treasurer candidate, said the City's return on investments is lower than surrounding cities; asked the Council or Finance Department to explain why City funds are deposited in Bank of America if it is in fiscal trouble as stated by the current Treasurer; and Sam Pena - Consolidated Disposal Services, the City's exclusive waste hauler, said 75% of their fleet of vehicles have been converted from diesel to natural gas and have pledged to convert 100% before the end of 2011. 2. CONSENT CALENDAR: • Action: To approve the consent calendar recommendations (a) through (m). Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on August 9, 2011; 2) Special meeting held on August 25, 2011; 3) Regular meeting held on September 13, 2011; and 4) Special meeting held on September 15, 2011. Action: To approve, as presented, the City Council minutes of the Regular meeting of August 9, the Special meeting of August 25, the Regular meeting of September 13, and the Special meeting of September 15, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 64473 THROUGH 64622. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives • Action: To receive and file the Tentative Future Agenda Items and City Council Directives. City Council Minutes 10-11-11 Page 13297 • (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 2, 2011. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 2, 2011. (e) RECOMMENDATION TO DIRECT STAFF TO PREPARE AND DISTRIBUTE A REQUEST FOR PROPOSALS TO PREPARE THE 5th GENERAL PLAN HOUSING ELEMENT UPDATE AS REQUIRED BY STATE LAW. Memorandum from Community Development Director Ken Robertson dated October 4, 2011. (f) • (g) • Action: To direct staff to prepare and distribute a Request for Proposals to prepare the 5th General Plan Housing Element Update, as required by State law. RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING BROWN ACT COMPLAINT FILED BY HANY FANGARY AND THE LAW FIRM OF WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN; DIRECT CITY ATTORNEY TO SEND LETTER PURSUANT TO GOVERNMENT CODE § 54960.1 (C)(2) COMMUNICATING THE CITY COUNCIL'S DETERMINATION THAT THE COMPLAINT WAS FILED UNTIMELY AND FURTHER THAT NO BROWN ACT VIOLATION OCCURRED AND THEREFORE THAT THE CITY COUNCIL WILL NOT CURE OR CORRECT ANY CHALLENGED ACTION. Memorandum from City Attorney Michael Jenkins dated October 6, 2011. Action: To approve the staff recommendation to receive and file the report regarding the Brown Act complaint filed by Hany Fangary and the law firm of Wolf, Rifkin, Shapiro, Schulman & Rabkin; and direct the City Attorney to send a letter pursuant to Government Code § 54960.1(c)(2) communicating the Council's determination that the complaint was filed untimely, and further that no Brown Act violation occurred, and therefore the City Council will not cure or correct any challenged action. RECOMMENDATION TO RESCIND THE INITIAL FEE OF $10 FOR OBTAINING A CASH KEY AND THE FEE OF $10 FOR RELOADING THE CASH KEY; GIVE CUSTOMERS WHO HAVE PAID THE FEES CREDIT AGAINST FUTURE CASH KEY TRANSACTIONS; AND ADOPT A RESOLUTION AMENDING THE MASTER FEE RESOLUTION TO RESCIND THE FEES. Memorandum from Finance Director Viki Copeland dated October 5, 2011. Action: To approve the staff recommendation to: City Council Minutes 10-11-11 Page 13298 • • • (1) Rescind the initial fee of $10 for obtaining a cash key and the fee of $10 for reloading the cash key; (2) Give customers who have paid the fees credit against future cash key transactions; and (3) Adopt Resolution No. 11-6766, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 11-6749 (MASTER FEE RESOLUTION) TO RESCIND FEE 5-137, PARKING CASH KEY PROCESSING." (h) RECOMMENDATION TO APPROPRIATE $1,469 TO THE MYRTLE DISTRICT ADMINISTRATIVE EXPENSE FUND (137) AND $1,210 TO THE LOMA DISTRICT ADMINISTRATIVE EXPENSE FUND (138) FOR FISCAL YEAR ENDING JUNE 30, 2011. Memorandum from Finance Director Viki Copeland dated September 26, 2011. (i) Action: To appropriate $1,469 to the Myrtle District Administrative Expense Fund (137) and $1,210 to the Loma District Administrative Expense Fund (138) for fiscal year ending June 30, 2011, as recommended by staff. RECOMMENDATION TO ADOPT A RESOLUTION TO APPROVE THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT EXCESS FUNDS GRANT PROGRAM FOR THE SOUTH PARK MASTER PLAN IMPROVEMENTS. Memorandum from Public Works Director Frank Senteno dated October 3, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6767, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DSITRICT EXCESS FUNDS GRANT PROGRAMS FOR SOUTH PARK PHASE 1 IMPROVEMENTS." (j) RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PCR SERVICES CORPORATION TO PROVIDE HISTORIC RESOURCES REVIEW (CERTIFICATE OF APPROPRIATENESS) IN AN AMOUNT NOT TO EXCEED $7,108. Memorandum from Community Development Director Ken Robertson dated October 6, 2011. Action: To approve a Professional Services Agreement with PCR Services Corporation to provide Historic Resources review (Certificate of Appropriateness) in an amount not to exceed $7,108, as recommended by staff. At 7:55 p.m., the order of the agenda moved to Public Hearing item 5(b). City Council Minutes 10-11-11 Page 13299 • • • 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1327 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING TEMPORARY REGULATIONS SUPERSEDING CERTAIN PROVISIONS OF CHAPTER 12.16 AND CHAPTER 17.26 OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 4, 2011 Action: To waive full reading and adopt Ordinance No. 11-1327. Motion Tucker, second Mayor Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Tucker, Mayor Fishman NOES: Duclos ABSENT: None ABSTAIN: None The meeting recessed at 10:22 p.m., at which time Councilmembers Bobko and DiVirgilio left the meeting. The meeting reconvened at 10:31 p.m., with item 5(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. 5. PUBLIC HEARINGS a. CONSIDERATION OF DRAFT GENERAL PLAN HOUSING ELEMENT FOR SUBMITTAL TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (Cont'd from 7/26/11 meeting) Memorandum from Community Development Director Ken Robertson dated October 4, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 10:41 p.m. Coming forward to address the Council on this item were: Jack Janken — Hermosa Beach, having just arrived, spoke on agenda item 5(b) which was heard prior to this item; said if adopted, the ordinance should not be retroactive; John Douglas — Housing Element Consultant for the City, suggested that submitting the proposed element would be the best action at this time because of the effect on future submissions; and City Council Minutes 10-11-11 Page 13300 • • • Sharon Mercier - Hermosa Beach, requested that her neighborhood be removed from the list of available sites for affordable housing and submitted a petition signed by her neighbors. The public hearing closed at 10:45 p.m. Action: To direct staff to submit the draft Housing Element to the State Department of Housing & Community Development for tentative certification and remove Site Number 5 as requested by residents in that area. Motion Mayor Fishman, second Tucker. The motion carried, noting the absence of Bobko and DiVirgilio. b. PROPOSED AMENDMENTS TO THE CALIFORNIA BUILDING CODE AND THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO PROTECTION OF ADJOINING PROPERTY DURING CONSTRUCTION. Memorandum from Community Development Director Ken Robertson dated October 6, 2011. Supplemental information received October 11, 2011, from five sources. Community Development Director Robertson presented the staff report and responded to Council questions. Building Official Bob Rollins, City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 9:12 p.m. Coming forward to address the Council on this item were: Gary Dunne - Hermosa Beach, said he was reluctant to perform critically needed maintenance on his home because of potential complaints from the same neighbor; said the proposal would cause contractors to avoid working in Hermosa Beach; David Bates - attorney for property owner Ross Ditlove and Tomaro Design in the lawsuit filed by Jack Janken; said Mr. Janken (1) contacted the City to stop the demolition process over a 3 -day weekend and tried on two occasions to have the work stopped by a court, a request denied by two different judges; (2) had originally drafted the subject ordinance; and (3) claims to own a portion of Mr. Ditlove's property; Ira Lifland - Hermosa Beach, said he had been living for two years with damage to his property as a result of his neighbor's construction, described details and said his next step was litigation; Heinrich Klingner - contractor working 20 years in the South Bay, said reasonable people could work out problems and did not think the Code needed to be changed; Ryan Knowlton - Tomaro Design, said he was the contractor building the house adjacent to Jack Janken; said the current code language provides a means for settling disputes and should not be changed; Steve Lazar - builder in Hermosa Beach and Manhattan Beach for 20 years, said responsible contractors take care of problems and should not be punished for the actions of irresponsible contractors; said some people City Council Minutes 10-11-11 Page 13301 • • • who complain about their neighbor's construction cannot be satisfied no matter what action is taken; urged the Council not to amend the code; Jessica Worscheck — said she sold real estate in the area and was alarmed by the proposal; said changing "adjacent" property to "nearby" without a clear definition would discourage home buyers and create extra cost and delay to residents wishing to improve their homes; and Hany Fangary — Hermosa Beach; agreed this amendment would make it more difficult to build in Hermosa Beach and a less desirable place to live; said the staff report indicate only one other city had made a change and that it was minor compared to this proposal. The public hearing closed at 9:39 p.m. Proposed Action: To continue the item to a future Council meeting and ask the City Attorney to analyze legal ramifications in reference to the residents, contractors and real estate values. Motion DiVirgilio, then replaced by the following substitute motion. Action: To: (1) Continue the item, direct staff to incorporate into the next report and ordinance the input received this evening from the public and Councilmembers, and seek additional input at the next meeting; and (2) Include language in the proposed ordinance indicating that it would not be retroactive. Motion Tucker, second Bobko. The motion carried by a unanimous vote. At 10:18 p.m., the order of the agenda moved to Consent Ordinance item 3(a). 6. MUNICIPAL MATTERS a. PROPOSED DRINKING FOUNTAIN ON THE GREENBELT AT EIGHTH STREET. Memorandum from Public Works Director Frank Senteno dated October 5, 2011. Public Works Director Senteno presented the staff report and responded to Council questions. Action: It was the consensus of the Council, noting the absence of Bobko and DiVirgilio, to approve the proposal for a drinking fountain to be installed on the Greenbelt at Eighth Street and set a maximum of $10,000 from Perspective Expenditures for the total cost of the project 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes 10-11-11 Page 13302 • • • a. SECOND ANNUAL SNOWFEST — SATURDAY, DECEMBER 10, 2011, 10:00 A.M. TO 9:00 P.M. ON PIER AVENUE AND PIER PLAZA. Memorandum from City Manager Stephen Burrell dated October 5, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the Snowfest/Plaza Holiday Event sponsored by Pier Avenue merchants, as recommended by the Parks, Recreation and Community Resources Advisory Commission, and to direct staff to work out details with the organizers. Motion Duclos, second Tucker. The motion carried, noting the absence of Bobko and DiVirgilio. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, October 11, 2011, at the hour of 11:00 p.m. to an Adjourned Regular meeting to be held on October 25, at 7:30 a.m. for the conduct of a closed session. City Clerk City Council Minutes puty City Clerk 10-11-11 Page 13303 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, October 25, 2011, at the hour of 7:30 a.m. • CALL TO ORDER ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Fishman, Mayor Tucker Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on October 11, 2011. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Stephen Burrell, Richard Kreisler, Jeff Freedman 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 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: 552 Eleventh Place Negotiating Parties: Stephen Burrell Richard Thielscher Under Negotiation: Price & Terms of Payment ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 25, 2011, at the hour of 7:31 a.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 8:56 a.m., the closed session adjourned to the open session of the Adjourned Regular Meeting. Adj Reg City Council Minutes 10-25-11 Page 13304 ORAL ANNOUNCEMENTS — There were no decisions made requiring a public • announcement. • • ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 25, 2011, at the hour of 8:57 a.m., to the Regular Meeting of October 25, 2011, at 7:00 p.m. Adj Reg City Council Minutes 10-25-11 Page 13305 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 25, 2011, at the hour of 7:02 p.m. • PLEDGE OF ALLEGIANCE — Joan Waddell ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None (Bobko left at 11:01 p.m.) CLOSED SESSION REPORT — City Attorney Jenkins said a closed session took place today at 7:30 a.m. to address labor negotiation and real property negotiation; said there were no public comments or reportable actions. ANNOUNCEMENTS — Mayor pro tem Duclos wished his wife Christine a Happy Fortieth Anniversary. Councilmember Tucker reported a good turnout of about 70 people at Saturday's town hall meeting offering suggestions for addressing issues on Prospect Avenue; said the subcommittee would discuss those suggestions at future meetings. Mayor Fishman reminded everyone to vote on November 8. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Jim Lissner dated October 19, 2011 regarding the size of televisions in restaurants. Action: To receive and file the letter. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. (b) Letter from Bruce C. Newlin, Superintendent, Hermosa Beach City School District, requesting the City to ascertain the legality of a sales/use tax measure with all or a portion of the proceeds dedicated to the Hermosa Beach City School District. Action: To direct staff to research the legal issues associated with this request and report back to the City Council within four to six weeks. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: George Barks — invited the community to a Tri -Beach Sister Cities fundraising opportunity at The Rockefeller from November 1 through November 5; said when the flyer, available at www.hb-sistercity.orq, is presented, the restaurant will donate 20% of the entire bill to the organization; City Council Minutes 10-25-11 Page 13306 • • David Cohn — Hermosa Beach City Treasurer candidate, expressed concerns about statements made by the incumbent regarding the status of FDIC as well as the Bank of America, where City funds are deposited; Maureen Hunt — Hermosa Beach Chamber of Commerce, presented checks of $3,429 to representatives for each of the five non-profit groups who manned the Beer and Wine Garden at the Labor Day weekend Fiesta — Beach Cities Toy Drive, Friends of the Parks, Historical Society, Rotary Club, and Sister City Association; Sam Edgerton — Hermosa Beach, thanked the Chamber of Commerce on behalf of the Beach Cities Toy Drive; wished the Council success; Howard Longacre — Hermosa Beach, spoke of his supplemental letter to agenda item 2(i) about the lack of a current street paving plan, despite a current Council candidate's claim that all streets will be paved in two to three years; objected to the City Manager's decision to not allow it as a supplemental written communication, as he initially requested; Mark Hopkins — Hermosa Beach, spoke in opposition to the Prospect Avenue bulb -outs proposed in the South Bay Bicycle Master Plan (agenda item 5.d.) because he felt they posed a safety hazard for bicycle riders; J.R. Reviczky — Hermosa Beach, urged the Council to consider that the South Bay Bicycle Master Plan focused more on bike riding as a recreational activity rather than commuting to work; said bike riders must comply with all traffic laws and should be cited if they do not; Fred Huebscher — Hermosa Beach, said the Council should agendize for a future meeting a discussion of comments made during the campaign to make sure City funds are secure no matter who is elected treasurer; Ann Sullivan — Hermosa Beach, said bicycle riders do not follow traffic laws and there is no enforcement by the City; John Workman — Hermosa Beach City Treasurer, clarified statements he has made during his campaign about the FDIC and Bank of America, which he said have been distorted and/or taken out of context; defended his investment policies and spoke of recent investments he had made; Jim Lissner — Hermosa Beach, urged voters to reject both ballot measures; said candidate forums should include measure proponents/opponents; opposed the beer and wine by right policy for restaurants closing by 10 p.m.; urged considering the size of the televisions in restaurants/bars to avoid creation of sports bars; was concerned that the AT&T tower recently approved by the Planning Commission would create blight; suggested seeking funding from Beach Cities Health District to build restrooms downtown; supported a polystyrene ban (agenda item 5.b.); David Lowe — Blue 32, asked the City Council to remove item 2(h) from the consent calendar for discussion later in the meeting; Hany Fangary — Hermosa Beach, questioned the City's website -posting procedure for supplemental correspondence received after the posting of the agenda; Aaron Zahani — Hermosa Beach, spoke in support of the South Bay Bicycle Master Plan (agenda item 5.d.); said bicyclists should obey traffic laws; City Council Minutes 10-25-11 Page 13307 • • • Manny Serrano — Hermosa Beach, spoke in support of the South Bay Bicycle Master Plan; and Mario Alvarez — Hermosa Beach, described what he felt were violations by the business adjacent to his home and asked the City to assist him. 2. CONSENT CALENDAR: Action: To approve consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(a) Mayor Fishman and (h) Tucker. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:55 p.m., the order of the agenda went to public hearing item 5.d. (a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING HELD ON SEPTEMBER 27, 2011. This item was removed from the consent calendar by Mayor Fishman for separate discussion later in the meeting, Action: To approve the minutes of the Adjourned Regular meeting held on September 27, 2011, with item 2(h) corrected to reflect a unanimous 5-0 vote to approve the banner fee waiver requested by the Woman's Club. Motion Mayor Fishman, second Tucker. The motion carried, noting the absence of Bobko. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 64623 THROUGH 64747. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2011 FINANCIAL REPORTS: Supplemental memorandum received October 25, 2011, from City Treasurer John Workman regarding the Investment report. 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the September 2011 financial reports. City Council Minutes 10-25-11 Page 13308 • (e) RECOMMENDATION TO APPROVE THE ASSIGNMENT OF THE FIBER OPTIC CABLE EASEMENT TO GU HOLDINGS, INC. AND DIRECT THE CITY MANAGER TO EXECUTE THE ASSIGNMENT DOCUMENT. Memorandum from City Manager Stephen Burrell dated October 11, 2011. • • (f) (g) Action: To approve the assignment of the Fiber Optic Cable Easement to GU Holdings, Inc. and direct the City Manager to execute the assignment document, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 4, 2011. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 4, 2011. RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITHAECOM TECHNICAL SERVICES, INC. TO PROVIDE GRANT WRITING SERVICES IN AN AMOUNT NOT TO EXCEED $4,000. Memorandum from Community Development Director Ken Robertson dated October 19, 2011. Action: To approve a Professional Services Agreement with AECOM Technical Services, Inc. to provide grant writing services in an amount not to exceed $4,000, as recommended by staff. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 18, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Action: To schedule a City Council public hearing to review and reconsider the Planning Commission's approval of a Conditional Use Permit amendment for an AT&T tower at Aviation and Prospect (P.C. agenda item 6). Motion Tucker, second Duclos. Proposed Action: To schedule a City Council public hearing to review and reconsider the Planning Commission's denial of a Conditional Use Permit amendment at Blue 32 (P.C. agenda item 8). Motion Bobko. The motion died for lack of a second. Action: To receive and file the action minutes of the Planning Commission meeting of October 18, 2011. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 10-25-11 Page 13309 • At 11:01 p.m., Councilmember Bobko left the meeting, and the order of the agenda went to public hearing item 5(a). (i) (i) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated October 17, 2011. Supplemental letter received October 25, 2011, from Howard Longacre. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF ASSET SEIZURE FORFEITURE FUNDS IN THE AMOUNT OF $725.00 TO PURCHASE A GUN VAULT FOR THE DETECTIVE VEHICLE ASSIGNED TO THE SPECIAL INVESTIGATIONS UNIT (SIU) TO PROPERLY SECURE WEAPONS. Memorandum from Police Chief Greg Savelli. Action: To authorize the appropriation of Asset Seizure Forfeiture Funds in the amount of $725.00 to purchase a gun vault for the detective vehicle assigned to the Special Investigations Unit (SIU) to properly secure weapons, as recommended by staff. III (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING AND ADOPTING PROGRAM SUPPLEMENT AGREEMENT NO. 005-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5155R FOR PROJECT HSIPL-5155(010) — VALLEY SCHOOL TRAFFIC SIGNAL IMPROVEMENT AND APPOINT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS AS THE AUTHORIZED REPRESENTATIVE OF THE CITY TO ACT IN MATTERS ASSOCIATED WITH THE APPLICATION. Memorandum from Public Works Director Frank Senteno dated October 18, 2011. (1) • Action: To approve the staff recommendation to adopt Resolution No. 11- 6769, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING PROGRAM SUPPLEMENT AGREEMENT NO. 005-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5155R, FOR PROJECT HSIPL- 5155(010)-VALLEY SCHOOL TRAFFIC SIGNAL IMPROVEMENT." RECOMMENDATION TO APPROVE THE SECOND ANNUAL DOWNTOWN HERMOSA HOLIDAY SIDEWALK FESTIVAL ON SATURDAY, NOVEMBER 19, 2011 FROM 12:00PM TO 8:00PM. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Action: To approve the Second Annual Downtown Hermosa Holiday Sidewalk Festival on Saturday, November 19, 2011 from 12 p.m. to 8 p.m., as recommended by staff. City Council Minutes 10-25-11 Page 13310 (m) RECOMMENDATION TO APPROVE THE HOLIDAY TREE LIGHTING EVENT ON THURSDAY, DECEMBER 1, 2011, ON PIER PLAZA. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Action: To approve the Holiday Tree Lighting event on Thursday, December 1, 2011, on Pier Plaza, as recommended by staff. (n) RECOMMENDATION TO APPROVE A REQUEST FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO SPONSOR A BAND ON NEW YEARS EVE ON PIER PLAZA. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Action: To approve the request from the Hermosa Beach Chamber of Commerce to sponsor a band on New Years Eve on Pier Plaza, as recommended by staff. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION • Items 2(a) and (h) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. TO CONSIDER AN ORDINANCE PROHIBITING SMOKING IN THE FOLLOWING OUTDOOR AREAS: RESTAURANT PATIOS/OUTDOOR DINING, PIER PLAZA, ALL CITY PARKS AND GREENBELT, THE STRAND AND PUBLIC PARKING LOTS. (Continued from the September27, 2011 meeting) Memorandum from City Manager Stephen Burrell dated October 17, 2011. Supplemental correspondence from Travers Devine and Dency Nelson and a revised ordinance from staff, all received October 25, 2011. City Manager Burrell presented the staff report and responded to Council questions. Police Chief Savelli also responded the Council questions. The public hearing opened at 11:17 p.m. Coming forward to address the Council on this item were: Barbara DeVico — spoke in support of the ordinance to ban smoking in these public areas because of the danger of second-hand smoke and said she was also speaking for two other families who had to leave the meeting due to the late hour; City Council Minutes 10-25-11 Page 13311 • Lisa Santora — Beach Cities Health District, said second-hand smoke is a leading cause of death and urged the City Council to approve the ordinance, noting that it could increase business at the restaurants; Joel Spoonheim — Vitality City representative, said he supported the smoking ban proposed and concurred that it could actually increase business; Robert Berger — Project Director, Los Angeles County's Project Trust, said many other cities have adopted this type of ordinance; showed posters they could provide to the City stating where smoking is not allowed as well as those indicating locations where smoking is allowed; Holly Maynes — health educator for the National Council on Alcohol and Drug Dependence, read letters from Joan Waddell and Maria Gambone; said the three of them support the adoption of this ordinance, particularly for protecting children from second-hand smoke; Craig Cadwallader — Surfrider Foundation, said their local chapter has offered to fund cigarette butt disposal units to be placed around town; agreed that business would probably increase by adoption of this ordinance; Hany Fanqary — Hermosa Beach, spoke in support of the ordinance because he did not want his young children exposed to second-hand smoke; said residents have not expressed opposition to the proposal; and George Barks — Hermosa Beach property owner, said he opposed smoking restrictions because it is government intrusion taking away personal freedom; said the ordinance would be difficult to enforce. The public hearing closed at 11:42 p.m. Action: To waive full reading and introduce Ordinance No. 11-1328, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 8.40.010, 8:40.020 AND 8.40.040 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT SMOKING IN OUTDOOR DINING AND OTHER PUBLIC AREAS," amended to change the enforcement date from February 1, 2012 to March 2, 2012, to be preceded by a public education and outreach campaign, aided by Los Angeles County Project Trust and others. Motion Duclos, second Tucker. The motion carried, noting the absence of Bobko. At 11:50 p.m., the order of the agenda went to item 5(c). b. DISCUSSION OF OPTIONS FOR REDUCING MARINE DEBRIS DUE TO POLYSTYRENE (NO. 6 RECYCLE CODE) FOOD SERVICE TAKE-OUT CONTAINERS. (Continued from September 27, 2011 meeting) Memorandum from Community Development Director Ken Robertson dated October 18, 2011. Supplemental communications received October 25, 2011 from Heal the Bay; residents Hany Fangary, Holly Heatherton and Dency Nelson; business owner Lori Ford; Santa Monica Baykeeper; California Restaurant Association; and online petition results from former Green Task Force Member Brian Schoening. City Council Minutes 10-25-11 Page 13312 • Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:32 p.m. Coming forward to address the Council on this item were: Adam Peterson - Hermosa Valley School fourth grader, said he has worked with his father on Heal the Bay beach cleanups and agreed that Styrofoam is bad for marine life; asked that the City Council pass a law banning it; Matt Riley - Hermosa Valley School third grader, described how he and his friends left their sandwiches in Styrofoam containers on the beach while they swam in the ocean and came back to find that birds had eaten the sandwiches as well as part of the container, which is not good for them; urged the Council to ban it; also opposed plastic bags; Elizabeth Riley - Green Task Force Member, discussed Grades of Green, a school program for teaching environmental lessons to students; said Styrofoam harms sea life and blows easily out of trash containers because it is lightweight; said recycling is not a viable option; urged the Council to approve the ban; Kim Martin - Manhattan Beach, mother, former environmental attorney and one of the founders of Grades of Green, said her children's school had changed from using Styrofoam containers to those made of corn starch; said it is hard to find places that recycle Styrofoam; Joe Galliani - A Vitality City supporter, spoke in support of a City ban on polystyrene; Craig Cadwallader - Surfrider Foundation, supported banning polystyrene, not only because of litter concerns, but also due to the bad properties of the material; Hany Fangary - Hermosa Beach resident and environmental lawyer, urged the Council to join the other 53 cities which have banned polystyrene; Kay Gagnon - said there is no economic viability for recycling polystyrene and there is technology to provide alterative solutions; said it is the City's moral responsibility to protect the ocean; Liz Crosson - Santa Monica Baykeeper, urged the Council to be proactive in banning this material rather than dealing with pollution; said this would bring benefits to the economy and to future generations; Phil Friedl - former Chair of the Green Task Force, urged the City Council to adopt Option 3 in the staff report, as recommended by the Green Task Force, to ban polystyrene; Dave Peterson - Former Green Task Force Member, mentioned that the online petition for those supporting the ban had been signed by 185 Hermosa Beach residents and listed other environmental groups that also support the ban; George Barks - Redondo Beach resident/Hermosa Beach property owner, agreed the material caused serious problems but said the ban could harm businesses; urged the Council to be cautious about instituting a polystyrene ban at this time because of the poor economic climate; City Council Minutes 10-25-11 Page 13313 • Samantha Martinez - Plastic Packaging Group, reiterated her organization's offer to help with public education regarding recycling; said banning one product would not decrease litter; Ken Hartley - Hermosa Beach, said tonight's recommendation is not the direction given by the Council at its May 10 meeting; said the majority of people signing the online petition did not live in the City; urged the Council not to impose a polystyrene ban; Vanessa Rodriguez - representing the California Restaurant Association, opposed the ban, stating an alternate product will merely take the place of this one in the litter stream; encouraged recycling; Sarah Sikich - Heal the Bay, referenced a letter she submitted urging the City Council to adopt a polystyrene ban; said recycling is not feasible; Lisa Ryder - Hermosa Beach, supported a ban; said substituting one kind of litter for another is not the issue; said polystyrene is dangerous litter; Jose Bacallao - Heal the Bay and Hermosa Beach resident; said this ban is an opportunity for the City to protect the environment; Jerry Shapiro - Hermosa Beach, supported a polystyrene ban to protect the ocean and community health; Mike Miller- Hermosa Beach, supported the polystyrene ban; and Dan Innskeep - Hermosa Beach, supported the polystyrene ban. The public hearing closed at 10:23 p.m. Proposed Action: To direct staff to bring back an ordinance for introduction to implement the ban and education program specified in option 3 of the staff report. Motion Tucker, second Duclos. The motion was replaced by the following substitute motion. Proposed Action: To approve a voluntary program, with the enactment of a ban to occur if specific targets were not met (option 2 of the staff report). Motion Bobko, second DiVirgilio. The motion failed, due to the dissenting votes of Dudos, Tucker and Mayor Fishman. Action: To direct staff to bring back an ordinance for introduction to ban the use of polystyrene take-out containers and implement an education program targeting food vendors and their customers (option 3 in the staff report). Motion Tucker, second Duclos. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. At 10:54 p.m., the order of the agenda went to consent calendar item 2(h), at the request of Councilmember Bobko because he had to leave the meeting early. c. ACCEPTANCE OF THE VITALITY CITIES LIVABILITY PLAN, PREPARED ON BEHALF OF THE VITALITY CITIES INITIATIVE, WHICH ADVISES THE BEACH CITIES HOW TO CREATE MORE LIVABLE COMMUNITIES AND HEALTHIER CITIZENS. Memorandum from Community Development City Council Minutes 10-25-11 Page 13314 • Director Ken Robertson dated October 18, 2011. Supplemental communications received on October 25, 2011, from residents Janice Yates and Dency Nelson. Community Development Director Robertson presented the staff report and responded to Council questions. Joel Spoonheim from Vitality City described the Livability Plan and how the three beach cities would work together with help from Vitality City. The public hearing opened at 12:06 a.m. Coming forward to address the Council on this item were: Lisa Santora — Beach Cities Health District, spoke in support of adoption of the Livability Plan; Sean Guthrie — an advisory member of Vitality City, addressed the benefits for residents and urged the Council to adopt the plan; Tom Dipaola — Hermosa Beach, supported adoption of the plan and said it worked perfectly with adoption of the Bike Master Plan; Kay Gagnon — Hermosa Beach, encouraged the City Council to adopt the Livability plan; Craig Cadwallader — Surfrider Foundation, said he was encouraged by the positive steps the Council had taken this evening and urged adoption of this plan; (No name given) — spoke in support of the Livability Plan; George Schmeltzer — Hermosa Beach, said the Livability Plan encompasses all the quality -of -life issues being considered by the City Council and hoped it would be adopted; Janice Yates — representing Marineland Mobilehome Park residents, was concerned some aspects of the plan might worsen parking problems (City Manager Burrell said it was a long process before any changes would be made, including opportunities for public input); and George Barks — Redondo Beach resident/Hermosa Beach property owner, spoke in support of the Livability Plan. The public hearing closed at 12:20 a.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6770, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING THE HEALTHWAYS/ BLUE ZONES VITALITY CITY "BEACH CITIES LIVABILITY PLAN." Motion DiVirgilio, second Duclos. The motion carried, noting the absence of Bobko. At 12:25 a.m., the order of the agenda went to item 7(a). d. ADOPTION OF THE SOUTH BAY BICYCLE MASTER PLAN, PREPARED BY THE SOUTH BAY BICYCLE COALITION, WHICH REGIONALLY City Council Minutes 10-25-11 Page 13315 • CONNECTS HERMOSA BEACH AND VARIOUS SOUTH BAY CITIES VIA A BICYCLE NETWORK, WHICH WILL IMPROVE THE HEALTH, ENVIRONMENT AND QUALITY OF LIFE FOR THE REGION. Memorandum from Community Development Director Ken Robertson and Public Works Director Frank Senteno dated October 18, 2011. Supplemental communications were received on October 25, 2011, from residents Mark Hopkins, Ellen Brownstein, Dency Nelson, Joyce Sohn, Robert Rosenfeld and Bette Mower; and, Joe Galliani of the South Bay Bicycle Coalition. Public Works Director Senteno presented the staff report and responded to Council questions. Marisa Christianson gave a presentation with details of the final draft, providing goals, recommendations and policies. The public hearing opened at 8:28 p.m. Coming forward to address the Council on this item were: Joe Galliani - Torrance, a member of the South Bay Bicycle Coalition, supported the master plan but said there should be zero tolerance for bike riders as well as car drivers who break traffic laws; Craig Cadwallader - spoke in support of the plan because bicycle riding is good for the environment; Kay Gagnon - said it is a well thought out plan but she had concerns about City liability issues stemming from accidents; Sean Guthrie - Redondo Beach, thought the plan was a good one; spoke of safety concerns, particularly where the bike path moves north from Redondo Beach into Hermosa Beach, and said there should be a safer transition; Gary Parsons - supported the plan but favored having more separation between and cars; Dean Francois - agreed with Mr. Guthrie about the need to improve the transition for bike riders from Redondo Beach to Hermosa Beach; said he favored a bike path through King Harbor; George Schmeltzer - Hermosa Beach, felt it was unsafe to ride bicycles on streets, but thought safety could be improved with better enforcement of traffic laws and amendments to the plan; Sandra Yost- Hermosa Beach, said this plan would make bicycle riding safer for her teenagers; Jackie Freedman - Hermosa Beach, said she started riding a bicycle as an adult ten years ago and realized the safety issues bike riders faced; felt this plan would improve safety; David Denial - Manhattan Beach, said he moved from New York recently and had loved the bike plan there; hoped that more people would use bikes for commuting with a plan like this in place; Julian Katz - Hermosa Beach, Bicycle Coalition Board member, said the City has had a bicycle master plan since 2009 but this South Bay Master Plan would make it possible for grant funding to carry out bike routes; City Council Minutes 10-25-11 Page 13316 • said the conceptual plan would allow Hermosa Beach an opportunity to make changes as needed for the City's specific situations; Todd Dipaola — President of the Bicycle Coalition, said Hermosa Beach was the first South Bay city to have a bicycle master plan, sharrow lanes and a bike valet system; supported the South Bay Master Plan for health and economic reasons and supported traffic law enforcement for safer bicycle riding; George Barks — Hermosa Beach property owner, said the plan would improve safety for bicycle riders and noted the flexibility allowed by individual cities; liked the idea of a multi -jurisdictional plan which might lead to other shared services between cities; and Kimberly Varga — Hermosa Beach, urged the City Council to approve the plan and liked the ability to make changes as needed. The public hearing closed at 9:00 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6770, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE SOUTH BAY BICYCLE MASTER PLAN." Motion Duclos, second Tucker. The motion carried by a unanimous vote. III The meeting recessed at 9:09 p.m. The meeting reconvened at 9:19 p.m., with item 5(b). • 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. HOLIDAY PARKING REGULATIONS. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Supplemental from the Chamber of Commerce received October 25, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To acknowledge the holiday parking program for all silver meters from Sunday, December 11, through Sunday, December 25, 2011 (excluding Lots A and B and parking structure C, where regular parking rates will apply). Motion DiVirgilio, second Tucker. The motion carried, noting the absence of Bobko. At 12:26 a.m., the order of the agenda went to the removed consent calendar item 2(a), the final item on the agenda to be considered. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None City Council Minutes 10-25-11 Page 13317 • • • 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Wednesday, October 26, 2011, at the hour of 12:28 a.m. to an Adjourned Regular meeting to be held on November 8, at 6:00 p.m. City Council Minutes puty City Clerk 10-25-11 Page 13318 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 8, 2011, at the hour of 7:04 p.m. PLEDGE OF ALLEGIANCE - Robert Fortunato ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENTS - Councilmember Bobko encouraged everyone to attend the Veteran's Day Memorial Service at the Veteran's Memorial on the Community Center lawn at 5:30 p.m. Friday, November 11, at which a Pearl Harbor survivor would be speaking. He also reminded voters that the polls would close at 8:00 p.m. Mayor Fishman, urged residents to attend the State of the School District Address at 6 p.m. Wednesday, November 9, in the Council Chambers at City Hall. PRESENTATIONS PRESENTATION ON GREEN IDEA HOUSE BY ROBERT FORTUNATO Mr. Fortunato presented an update on the progress of the demolition and rebuilding of his home, with details on the re -use and recycling of materials. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Fred Huebscher dated October 24, 2011 regarding the City Treasurer's position. No one came forward to speak on this letter. Action: To receive and file the letter. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Lou Morris - Hermosa Beach, asked in which country some of the materials used by Mr. Fortunato were manufactured; Kris Loretson - representing the Community Garden project, reported on the experimental raised bed project; Ken Hartley - Hermosa Beach, asked that the public be allowed to comment on Consent Ordinance item 3(a); (No name given) - United Taxi, spoke of the difficulties faced by cab drivers, including being issued parking tickets, because there are not enough City Council Minutes 11-8-11 Page 13319 • • • parking spaces to accommodate those already serving the City; urged the Council to address the parking situation, which will worsen if more taxicabs are added, as recommended in agenda item 2(i); Mike Murphy — Hermosa Beach, spoke of the tattered condition of the flags at the lifeguard station and offered to supply new flags; urged the Council to agendize a discussion on the respectful flying of the flags; and (No name given) — United Taxi, reiterated a previous speaker's comments about taxicab drivers in Hermosa Beach; said the livelihood of current drivers should also be considered, since their income would decrease with the addition of more taxicabs. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (f) Tucker, (i) Duclos. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. At 7:38, the order of the agenda went to public hearing item 5(a) (a) RECOMMENDATION TO APPROVE MINUTES THE FOLLOWING CITY COUNCIL MINUTES: (1) Special meeting held on October 6, 2011; and (2) Regular meeting held on October 11, 2011. Action: To approve as presented the City Council minutes of the Special meeting of October 6, 2011 and the Regular meeting of October 11, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 64748 THROUGH 64886. Action: To ratify the check register as presented, and to approve the cancellation of check numbers 64482 and 64685, as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE (1) Tentative Future Agenda Items; and (2) City Council Directives Action: To receive and file as presented the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO APPROVE REQUEST FOR FEE WAIVERS OF $1,379.00 FOR THE SNOWFEST EVENT ON SATURDAY, DECEMBER 10, 2011. Memorandum from City Manager Stephen Burrell dated October 27, 2011. City Council Minutes 11-8-11 Page 13320 • • • Action: To approve the request for fee waivers of $1,379 for the Snowiest event on Saturday, December 10, 2011, as recommended by staff. (e) RECOMMENDATION TO RECEIVE AND FILE THE COST INFORMATION TO PROVIDE ANOTHER DESIGNATED PERIOD FOR GRANTING TWO YEARS ADDITIONAL SERVICE CREDIT FOR MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS). Memorandum from Finance Director Viki Copeland dated October 27, 2011. (f) (g) Action: To receive and file, as recommended by staff, the cost information to provide another designated period for granting two years additional service credit for members of the Public Employees' Retirement System (CaIPERS). RECOMMENDATION TO APPROVE THE REQUEST FROM MR. RICHARD THIELSCHER OF THIELSCHER-RANDALL FINANCIAL CORPORATION, OWNER OF THE HERMOSA BEACH SELF STORAGE (CITY PROPERTY LOCATED AT 552 11TH PLACE) FOR A REDUCTION IN THE MONTHLY LEASE AMOUNT FROM $16,374 TO $15,000, A REDUCTION OF $1,374 OR 8.39%, REMOVAL OF THE CPI INCREASE, AND WITH THE CLAUSE ADDED BY THE CITY COUNCIL THAT PROVIDES FOR A ONE-YEAR NOTICE OF TERMINATION; AND, DIRECT CITY MANAGER TO EXECUTE THE EXTENSION OF THE LEASE WHICH REFLECTS THE ABOVE TERMS. Memorandum from Finance Director Viki Copeland dated October 25, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. Action: To table the item and instead bring it back as a Closed Session item at the next meeting for further discussion. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT A RESOLUTION APPOINTING MAYOR PRO TEMPORE DUCLOS AS DELEGATE AND COUNCILMEMBER DIVIRGILIO AS ALTERNATE TO REPRESENT THE CITY ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG). Memorandum from City Clerk Elaine Doerfling dated November 1, 2011. Action: To approve the staff recommendation to adopt Resolution No. 11- 6771, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A DELEGATE AND ALTERNATE TO SERVE AS THE CITY'S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG)." City Council Minutes 11-8-11 Page 13321 • (h) RECOMMENDATION TO APPROVE THE APPROPRIATION OF ARRA (AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) FUNDS IN THE AMOUNT OF $4,288 AND THE ASSOCIATED REVENUE FROM FY 2010-2011 TO FY 2011-2012. Memorandum from Public Works Director Frank Senteno dated November 2, 2011. • • (i) Action: To approve the appropriation of ARRA (American Recovery and Reinvestment Act of 2009) funds in the amount of $4,288 and the associated revenue from FY 2010-2011 to FY 2011-2012, as recommended by staff. RECOMMENDATION TO APPROVE AMENDMENT TO EXISTING TAXI CAB FRANCHISE ALLOWING AN ADDITIONAL TEN (10) TAXI CABS FOR EACH OF THE FOUR (4) FRANCHISEES AND, IN ADDITION, THE AMENDMENT WOULD INCLUDE A PROVISION WHICH REQUIRES THE EXISTING FRANCHISEES TO PROVIDE A "CAB -STARTER" AT THE MAIN TAXI STAND (HERMOSA AVE. JUST SOUTH OF PIER) ON FRIDAY AND SATURDAY NIGHTS AND ON MAJOR HOLIDAYS SUCH AS LABOR DAY AND MEMORIAL DAY (SUNDAYS), THE FOURTH OF JULY, HALLOWEEN AND NEW YEARS' EVE (WHATEVER DAY THEY FALL ON) AND ST. PATRICK'S DAY (THE EVENING AFTER THE PARADE) FROM 11 P.M. TO 2:30 A.M, (3.5 HOURS); AND, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENTS ON BEHALF OF THE CITY. Memorandum from Police Chief Greg Savelli. This item was removed from the consent calendar by Mayor pro tem Duclos for separate discussion later in the meeting. Chief Savelli responded to Council questions. Action: To reschedule the item as a noticed public hearing at the Council meeting of December 13, 2011. Motion Duclos, second Tucker. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1328 — "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 8.40.010, 8:40.020 AND 8.40.040 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT SMOKING IN OUTDOOR DINING AND OTHER PUBLIC AREAS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 2, 2011. Supplemental staff report dated November 7, 2011. Coming forward to address the Council on this item was: Ken Hartley — Hermosa Beach, asked if the ordinance could unintentionally prohibit barbeques in City parks. City Council Minutes 11-8-11 Page 13322 • • City Attorney Jenkins and Police Chief Savelli responded to questions. Proposed Action: To adopt the ordinance. Motion Duclos, second Tucker. The motion was replaced by the following substitute motions. Proposed Action: To continue the item and direct staff to rewrite the ordinance to implement the no smoking areas in two or three stages. Motion DiVirgilio, second Bobko. The motion failed, noting the dissenting votes of Duclos, Tucker and Mayor Fishman. Proposed Action: To remove the Strand from the no smoking areas. Motion DiVirgilio, second Bobko. The motion failed, noting the dissenting votes of Duclos, Tucker and Mayor Fishman. Action: To waive full reading and adopt Ordinance No. 11-1328. Motion Duclos, second Tucker. The motion carried by the following vote: AYES: DiVirgilio, Duclos, Tucker, Mayor Fishman NOES: Bobko ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. ZONING TEXT AMENDMENT TO UPDATE THE ZONING CODE (MUNICIPAL CODE, TITLE 17) WITH REGARD TO PROVISION OF OFFICE AND COMMUNICATION SERVICES AND RELATED AMENDMENTS AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Ken Robertson dated November 1, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:42 p.m. As no one came forward to address the • Council on this item, the public hearing closed at 7:42 p.m. City Council Minutes 11-8-11 Page 13323 • • • Action: To waive full reading and introduce Ordinance No. 11-1329, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING CODE (MUNICIPAL CODE TITLE 17) WITH REGARD TO PROVISION OF OFFICE AND COMMUNICATION SERVICES AND RELATED AMENDMENTS." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:45 p.m., the order of the agenda moved to Municipal Matter item 6(b). 6. MUNICIPAL MATTERS a. USE OF VOLUNTEERS IN POLICING (VIPs). Memorandum from Police Chief Greg Savelli. Chief Savelli presented the staff report and responded to Council questions. Action: To receive and file the report and direct Mayor pro tem Duclos and Councilmember Tucker to meet with Police Chief Savelli to further discuss the duties of the Volunteers in Policing and report back to the Council. Motion Duclos, second Tucker. The motion carried by a unanimous vote. At 8:01 p.m., the order of the agenda went to Consent Ordinance item 3(a). b. REQUEST FROM HERMOSA BEACH EDUCATION FOUNDATION TO USE THE COMMUNITY CENTER PARKING LOT ON SATURDAY, MARCH 24, 2012 FOR THEIR ANNUAL 2012 HEARTS OF HERMOSA EVENT. Memorandum from City Manager Stephen Burrell dated November 2, 2011. Finance Director Copeland presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Kimberly Conan — Hermosa Beach Education Foundation vice president, said their annual fundraiser had grown too big to be held at Saint Rocke and they wished to use the Community Center parking lot to keep the event in the City, which creates parking issues. Action: To approve the requested use of parking lot for the event and direct staff to write a letter to Alcohol Beverage Control for issuance of a one day alcohol service permit, as recommended by staff, and to further direct staff to research the possibility of using Prop A funds for a shuttle bus for patrons of both the fundraiser and the theater. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:51 p.m., the order of the agenda went to Municipal Matter item 6(a). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes 11-8-11 Page 13324 • a. CITY COUNCIL MEETING SCHEDULE FOR 2012. Memorandum from City Manager Stephen Burrell dated November 3, 2011. Finance Director Copeland presented the staff report and responded to Council questions. Action: To set the proposed schedule for the City Council meetings in 2012, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 9:08, a speaker who missed Public Participation because he had been delayed in traffic asked to come to the podium: Joe Charles — invited the Council and the community to participate in the Pier -to -Pier Run/Walk at 7 a.m. Saturday, November 12, starting at the Hermosa Beach pier to the Manhattan Beach pier and back again, with signup information at www.MBbootcamp.com. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, November 8, 2011, at the hour of 9:10 p.m. to the Regular meeting to be held on November 22, 2011 at 6:00 p.m. D City Council Minutes puty City Clerk 11-8-11 Page 13325 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, November 22, 2011, at the hour of 6:00 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on October 11, 2011; and b. Closed Session meeting held on October 25, 2011. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: Negotiating Parties: Under Negotiation: 552 Eleventh Place Stephen Burrell Richard Thielscher Price & Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 22, 2011, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:12 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:14 p.m. PLEDGE OF ALLEGIANCE — Sienna Tucker City Council Minutes 11-22-11 Page 13326 ROLL CALL: • Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None • • CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum from City Clerk Elaine Doerfling dated November 15, 2011. Supplemental information from the City Clerk received November 22, 2011. City Clerk Doerfling announced the election results and presented the resolution for Council adoption. Action: To approve the staff recommendation to adopt Resolution No. 11- 6772, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2011, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Bobko, second Duclos. The motion carried by a unanimous vote. Deputy City Clerk Nelsen swore in re-elected City Clerk Elaine Doerfling. City Clerk Doerfling then swore in newly elected City Treasurer David Cohn and re-elected Councilmembers Peter Tucker and Michael DiVirgilio. City Clerk Doerfling said it had been a privilege to serve the community she loves for the last 22 years, and thanked residents for honoring her with the opportunity to continue serving for the next four years. City Treasurer Cohn paid tribute to former City Treasurer John Workman's service to the community. He said he was honored to be elected and thanked those who helped with his campaign. Councilmember DiVirgilio thanked residents for honoring him with another Council term and thanked all who helped with his campaign, especially his wife Danay for her encouragement and allowing him to pursue his passions. Councilmember Tucker thanked his wife Sienna for her support and his son Ryan for technical expertise on his new computer. He spoke of the City's new website and goals for handling the Macpherson Oil case, the Pacific Coast Highway/Aviation revitalization, and improvements to the City's infrastructure and the park system. Councilmember Kit Bobko acknowledged the two candidates who also campaigned for City Council, and welcomed back the two re-elected Councilmembers. Mayor pro tem Jeff Duclos also commended those who stepped up and decided to run, saying the debates provided healthy discussions, and congratulated everyone who was elected. City Council Minutes 11-22-11 Page 13327 The meeting recessed at 7:43 p.m. 1111 The meeting reconvened at 7:51 p.m. CLOSED SESSION REPORT — City Attorney Jenkins said one public comment was received before the Council adjourned to closed session to discuss the two agenda items (11th Street real property lease, Macpherson case), and no reportable actions. ANNOUNCEMENTS — Mayor pro tem Duclos said on November 30, the South Bay Environmental Center will exchange up to ten strings of old tree lights with energy efficient LED lights at Torrance City Hall from 7:30 to 11:30 a.m. and at Palos Verdes Estates City Hall from 1 to 5 p.m. Councilmember Tucker announced a Chamber of Commerce holiday mixer at 5:30 p.m. Thursday, December 1, at Sangria to kick off the Beach Cities Toy Drive; said unwrapped toys may be brought to the event or dropped off at the bins that will be located throughout the toy drive at the city halls and fire departments of Hermosa Beach, Redondo Beach, and Manhattan Beach; said the wrapping party would take place December 17 at the Hermosa Beach Community Center gym. He urged residents to shop locally for the holidays, and thanked the Chamber of Commerce and other organizations for stepping in to handle holiday decorations and activities for the community, given the City's inability to fund these items due to the economy. Councilmember Bobko urged residents to attend the tree lighting on December 1 1111 and the Snowfest on December 10, which will feature snow on Pier Avenue. • Mayor Fishman asked that the meeting be adjourned in memory of former City Treasurer John Workman, who passed away November 11, 2011. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Mary Ellen Workman — Hermosa Beach, expressed thanks to the City staff and residents for their assistance during a difficult time for her family; congratulated newly elected City Treasurer David Cohn, invited him forward to shake her hand, wished him luck in his new endeavor, and said the Finance Department staff would be invaluable to him; and Judy Garland — Hermosa Beach, congratulated the newly elected officials; asked about sandbags now that the rain has begun (Finance Director Copeland said the bags had been relocated to the City Yard); said rain creates a large puddle at the doorway of Stars Antiques at the corner of Pier and Bard, and asked that the damaged curb at the same location be repaired as she has seen several tires damaged there. City Council Minutes 11-22-11 Page 13328 • • • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Tucker, (i) Duclos and (j) DiVirgilio. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 8:01 p.m., the order of the agenda moved to item 5(a). (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Adjourned Regular meeting held on October 25, 2011; (2) Regular meeting held on October 25, 2011; and (3) Regular meeting held on November 8, 2011. Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of October 25, 2011, the Regular meeting of October 25, 2011; and the Regular meeting of November 8, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 64887 THROUGH 65037. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE (1) Tentative Future Agenda Items; and (2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2011 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the October 2011 financial reports. (e) RECOMMENDATION TO ACCEPT DONATION OF $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED BY THE POLICE DEPARTMENT FOR PROMOTIONAL ITEMS. Memorandum from Finance Director Viki Copeland dated November 14, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. City Council Minutes 11-22-11 Page 13329 • • • (f) (g) Action: To accept the following donation: - $2,000 from the Woman's Club of Hermosa Beach to be used by the Police Department for promotional items. Motion Tucker, second Bobko. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated November 13, 2011. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO APPROVE DONATIONS OF $1000 TO THE REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL GRAD NIGHT 2012 EVENTS. Memorandum from City Manager Stephen Burrell dated November 17, 2011. Action: To approve donations of $1000 to the Redondo Union High School and Mira Costa High School Grad Night 2012 events. (h) 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 2012 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 17, 2011. (i) Action: To receive and file list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2012 calendar year. RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 10-137 VALLEY DRIVE TRAFFIC SIGNAL IMPROVEMENT PROJECT TO CT & F, INC. OF BELL GARDEN, CALIFORNIA IN THE AMOUNT OF $117,568.11; AUTHORIZE APPROPRIATION OF $108,360 HSIP GRANT FUNDS FOR THE PROJECT AND CORRESPONDING REVENUE; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; ADOPT A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP PROJECT NO. 10-137 VALLEY DRIVE TRAFFIC SIGNAL IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGES WITHIN THE APPROVED City Council Minutes 11-22-11 Page 13330 • • (i) • BUDGET AMOUNT. Memorandum from Public Works Director Frank Senteno dated November 7, 2011. This item was removed from the consent calendar by Councilmember Duclos for separate discussion later in the meeting. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6775, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP PROJECT NO. 10-137 VALLEY DRIVE TRAFFIC SIGNAL IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; (2) Award construction contract for CIP Project No. 10-137 Valley Drive Traffic Signal Improvement Project to CT & F, Inc. of Bell Garden, California in the amount of $117,568.11; authorize appropriation of $108,360 HSIP Grant Funds for the project and corresponding revenue; (3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and (4) Authorize the Director of Public Works to approve changes within the approved budget amount; With additional direction for staff to research the cost of using pervious concrete in place of hard concrete and report back to the City Council. Motion Duclos, second Tucker. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 15, 2011. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. Action: To schedule for City Council review and reconsideration at a future meeting the Planning Commission's item 11.b. — interpretation on whether a projected video image on a wall is considered a television or monitor. Motion DiVirgilio, supported by Mayor Fishman. Further Action: To schedule for City Council review and reconsideration at a future meeting the Planning Commission's agenda item 9 — request to deem sign displays on Beach Market as "murals." Motion Bobko, supported by Tucker. City Council Minutes 11-22-11 Page 13331 • • • Further Action: To schedule for City Council review and reconsideration at a future meeting the Planning Commission's agenda item 8 — Conditional Use Permit and Parking Plan Amendments at Gu Gu Sushi & Roll. Motion Tucker, supported by Duclos. Final Action: To receive and file the action minutes of the Planning Commission meeting of November 15, 2011. Motion Bobko, second Tucker. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING A BROWN ACT COMPLAINT FILED BY HANY FANGARY AND THE LAW FIRM OF WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN; DIRECT CITY ATTORNEY TO SEND LETTER PURSUANT TO GOVERNMENT CODE §54960.1(C)(2) COMMUNICATING THE CITY COUNCIL'S DETERMINATION THAT THE COMPLAINT WAS FILED UNTIMELY AND FURTHER THAT NO BROWN ACT VIOLATION OCCURRED AND THEREFORE THAT THE CITY COUNCIL WILL NOT TAKE FURTHER ACTION. Memorandum from City Attorney Michael Jenkins dated November 18, 2011. (I) Action: To receive and file the report regarding a Brown Act complaint filed by Hany Fangary and the Law Firm of Wolf, Rifkin, Shapiro, Schulman & Rabkin; direct City Attorney to send a letter pursuant to Government Code §54960.1(c)(2) communicating the Council's determination that the complaint was filed untimely and further that no Brown Act violation occurred and, therefore, that the City Council will not take further action, as recommended by staff. RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO PROVIDE ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ELIGIBLE LOCAL MISCELLANEOUS AND LOCAL SAFETY MEMBERS; AUTHORIZE THE CITY CLERK TO SIGN THE "CERTIFICATION OF GOVERNING BODY'S ACTION"; AUTHORIZE THE MAYOR TO SIGN THE "CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507"; AUTHORIZE THE CITY CLERK TO SIGN THE "CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20903; DESIGNATE THE PERIOD JANUARY 1, 2012 THROUGH MARCH 31, 2012 AS THE OPEN PERIOD FOR ELIGIBILITY FOR THE 2 YEAR SERVICE CREDIT; AND, APPROVE THE OFFERING OF A TWO YEAR SERVICE CREDIT FOR PURPOSES OF QUALIFYING FOR THE RETIREE HEALTH BENEFIT OF THE EMPLOYEE'S RESPECTIVE BARGAINING UNIT FOR EMPLOYEES ACCEPTING THE TWO YEAR SERVICE CREDIT FOR RETIREMENT PURPOSES. Memorandum from Finance Director Viki Copeland dated November 15, 2011. City Council Minutes 11-22-11 Page 13332 Action: To approve the staff recommendation to: (1) Adopt Resolution No. 11-6773, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT"; (2) Authorize the City Clerk to sign the "Certification of Governing Body's Action"; (3) Authorize the City Clerk to sign the "Certification of Compliance with Government Code Section 7507"; (4) Authorize the Mayor to sign the "Certification of Compliance with Government Code Section 20903; designate the period January 1, 2012 through March 31, 2012 as the open period for eligibility for the 2 year service credit; and, (5) Approve the offering of a two year service credit for purposes of qualifying for the retiree health benefit of the employee's respective bargaining unit for employees accepting the two year service credit for retirement purposes. 3. CONSENT ORDINANCES a. ORDINANCE NO. 11-1329 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING CODE (MUNICIPAL CODE TITLE 17) WITH REGARD TO PROVISION OF OFFICE AND COMMUNICATION SERVICES AND RELATED AMENDMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 9, 2011. Action: To waive full reading and adopt Ordinance No. 11-1329 Motion DiVirgilio, second Tucker. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (i) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION BY THE CITY COUNCIL OF THE PLANNING COMMISSION'S DECISION TO APPROVE A CONDITIONAL City Council Minutes 11-22-11 Page 13333 • • USE PERMIT AMENDMENT TO MODIFY AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY (AT&T MOBILITY) BY PROVIDING ADDITIONAL ANTENNAS WITHIN AN EXISTING LIGHT STANDARD, REMOTE RADIO UNITS, RELATED EQUIPMENT AND CABINETS WITH SCREENING, ON A COMMERCIAL BUILDING AT 1102 AVIATION BOULEVARD. Memorandum from Community Development Director Ken Robertson dated November 15, 2011. Two supplemental informational items received from the applicant on November 22, 2011. At 8:04 p.m., Mayor Fishman recused himself from hearing this item because of the site's proximity to his home and left the dais and the room. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:12 p.m. Coming forward to address the Council on this item were: Stella Nguyen — Black & Wetch, AT&T consultant, described the monitoring and improvement by AT&T in areas of dropped calls; said they are aware of impacts on communities, particularly views; responding to a Council comment, said they were recently required to do emergency maintenance at the site; and Alex Tsaturov — Westower Communications, AT&T consultant, presented historical background on the site; projected current site photographs and photo simulations of various options; said all antennas and wires were hidden in the existing pole and would still be hidden with the requested upgrades; said texturing and paint could be better matched and agreed to make Council -suggested changes. The public hearing closed at 8:51 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6774, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY AN EXISTING WIRELESS TELECOMMUNICATION FACILITY (AT&T MOBILITY) BY REPLACING A LIGHT POLE FOR THE PURPOSE OF ADDING ANTENNAS WITHIN THE LIGHT POLE, AND ALLOWING ADDITIONAL ANTENNAS, REMOTE RADIO UNITS, RELATED EQUIPMENT AND CABINETS ON THE ROOF AND ENLARGING THE ROOF ENCLOSURE ON A COMMERCIAL BUILDING AT 1102 AVIATION BOULEVARD, LEGALLY DESCRIBED AS LOTS 8 THROUGH 13, TRACT 149, REDONDO VILLA TRACT, CITY OF HERMOSA BEACH" as amended to include a condition requiring that cable trays on the west side of the building be camouflaged. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 11-22-11 Page 13334 • • At 8:53 p.m., Mayor Fishman returned to the dais and the order of the agenda went to item 3(a), the consent ordinance, followed by item 4, the items removed from the consent calendar for separate discussion. 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in honor of John Workman, on Tuesday, November 22, 2011, at the hour of 9:11 p.m. to an Adjourned Regular meeting to be held on December 13, at 6:00 p.m. 'Dep ty City Clerk City Council Minutes 11-22-11 Page 13335 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 13, 2011, at the hour of 6:01 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on November 22, 2011. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: 552 Eleventh Place IIINegotiating Parties: Stephen Burrell Richard Thielscher Under Negotiation: Price & Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 13, 2011, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:01 p.m. • PLEDGE OF ALLEGIANCE — Pat Love City Council Minutes 12-13-11 Page 13336 ROLL CALL: • Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None • • CLOSED SESSION REPORT — City Attorney Jenkins said two agenda items were discussed, a lease for City owned property currently being used as a storage facility and the Macpherson litigation; said there were no public comments before adjourning to the closed session and no reportable actions. ANNOUNCEMENTS — Councilmember Tucker thanked and named everyone involved with Snowfest, which provided good family fun; said this and the decorations on Pier Avenue and Pacific Coast Highway showed community pride. He said the wrapping party for the 19th annual Beach Cities Toy Drive would be held at 11 a.m. on Saturday, December 19; said he provided the poinsettias decorating the Council Chambers which would be given to City Staff for their hard work and dedication. He wished all a Merry Christmas and a Happy New Year. Mayor pro tem Duclos extended holiday greetings and welcomed new business Marlin Equity which had a certified green building; said he recently attended a meeting of the Santa Monica Bay Restoration Commission as the City's representative; - said this group is important for water quality and a clean environment. Mayor Fishman reminded everyone there is only one City Council meeting in December; said the next meeting will be Tuesday, January 10. He wished all a happy and healthy Holiday Season and a prosperous New Year. PRESENTATIONS PRESENTATION BY THE EMPLOYER SUPPORT OF THE GUARD AND RESERVE (ESGR), A DEPARTMENT OF DEFENSE AGENCY Tatiana Alvarez from the ESGR described the organization, awards it presented and introduced Marine Corps Gunnery Sergeant Jonathan Cruz, a Hermosa Beach police officer, who thanked the City for allowing him to be employed while honoring his reserves commitment to the Marines and said he showed his appreciation by nominating the City for an Above and Beyond employer award which he presented to Police Chief Savelli. Chief Savelli said it was the community who appreciated his service. The Mayor and City Council expressed the same sentiment. ANNOUNCEMENT OF THE WINNER OF THE PARKING PERMIT ART CONTEST Mayor Fishman asked Randy Mayuga to come forward and he described his design and thanked the City for the recognition. City Council Minutes 12-13-11 Page 13337 • • • CERTIFICATE OF RECOGNITION TO JONI ACKERMAN IN RECOGNITION OF HER OUTSTANDING SERVICE AS LT. GOVERNOR KIWANIS INTERNATIONAL CALIFORNIA -NEVADA -HAWAII DISTRICT DIVISION 19 Mayor Fishman asked Joni Ackerman to come forward and presented her with a certificate of recognition and a City pin for her service. Ms. Ackerman said she appreciated the support the City provided to Kiwanis. LEADERSHIP HERMOSA EMERGING LEADER AWARD 2011 RICHARD "DICKIE" O'REILLY Ryan Nowicki and Dorothy Forba-Hartley, representatives of Leadership Hermosa, described the goals of Leadership Hermosa and the difficult deliberation process to determine the recipient of this award. Mr. O'Reilly expressed thanks and said he was overwhelmed and flattered; said Leadership Hermosa is a fantastic organization with amazing participants and he was grateful for all they do for the City. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were two written communications this evening. (a) Letter from Mike Miller dated November 29, 2011, regarding recognition of the City of Hermosa Beach Green Task Force by the Wyland Foundation. No one came forward to address the Council on this letter. (b) Letter from Geoff Hirsch dated December 6, 2011, regarding landlord practices at the Marineland Mobilehome Park. Supplemental emails from Corinne Ybarra received December 13, 2011. No one came forward to address the Council on this letter. Coming forward to address the Council at this time were: David Cohn — newly elected City Treasurer, wished all a Happy Holiday season and New Year; said the awards presented this evening make him proud of his City; described his activities since being elected; City Council Minutes 12-13-11 Page 13338 • • • Janice Yates - Marineland Mobilehome Park, said Mr. Hirsch's letter contains untrue allegations; thanked the City for its support of the park; Julian Katz - Hermosa Beach Public Works Commission and South Bay Bike Coalition, thanked the City Council for implementing the Bicycle Master Plan; described the subcommittee which was in the process of being formed and its goals; Geoff Hirsch - Hermosa Beach, spoke to the letter he wrote to the City regarding Marineland Mobilehome Park; Dr. Terry Alkana - Hermosa Beach, supported approval of requests from Rockefeller on tonight's agenda, said he lived near the restaurant and there had been no problems associated with the business; Jim Lissner - Hermosa Beach, encouraged residents to attend tonight's meeting because there were many agenda items associated with bars, restaurants and alcohol; Bruce Ashmun - Hermosa Beach, urged the City Council not to approve changes requested by Blue 32 because of problems with alcohol and law enforcement; and Pat Love - Hermosa Beach, encouraged everyone to buy their Christmas trees at the Kiwanis lot. 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. Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d), (h), (n) Tucker and (j) Duclos. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 22, 2011 Action: To approve minutes, as presented, of the Regular meeting held on November 22, 2011. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 65038 THROUGH 65227. Action: To ratify the check register as presented. City Council Minutes 12-13-11 Page 13339 (c) RECOMMENDATION TO RECEIVE AND FILE • (1) Tentative Future Agenda Items; and, (2) City Council Directives • • Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO ACCEPT DONATIONS OF $500.00 FROM THE WOMAN'S' CLUB OF HERMOSA BEACH TO BE USED FOR THE VETERAN'S MEMORIAL REPAIRS AND MAINTENANCE; $25.00 FROM LOWELL STIRRATT TO BE USED FOR FIRE PREVENTION EDUCATION MATERIALS; AND, $1,000.00 FROM THE FRIENDS OF THE PARK TO BE USED FOR SAND REPLACEMENT AT SOUTH PARK. Memorandum from Finance Director Viki Copeland dated December 5, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $500.00 from the Woman's Club of Hermosa Beach to be used for the Veteran's Memorial repairs and maintenance; - $25.00 from Lowell Stirratt to be used for fire prevention education materials; and, - $1,000.00 from the Friends of the Park to be used for sand replacement at South Park. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (e) RECOMMENDATION TO WAIVE THE BANNER APPLICATION FEE OF $206 FOR THE HERMOSA BEACH EDUCATION FOUNDATION'S HEARTS OF HERMOSA EVENT. Memorandum from City Manager Stephen Burrell dated December 6, 2011. (f) Action: To waive the banner application fee of $206 for the Hermosa Beach Education Foundation's Hearts of Hermosa event. RECOMMENDATION TO APPROVE THE REQUEST OF THE HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU TO PRODUCE THE ANNUAL ST. PATRICK'S DAY PARADE ON SATURDAY, MARCH 17, 2012, AND WAIVE ANY FEES. Memorandum from City Manager Stephen Burrell dated December 6, 2011. Action: To approve the request of the Hermosa Beach Chamber of Commerce and Visitors Bureau to produce the annual St. Patrick's Day Parade on Saturday, March 17, 2012, and waive any fees. City Council Minutes 12-13-11 Page 13340 • • (g) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS IN THE AMOUNT OF $11,642.47 FOR THE PURCHASE OF ADDITIONAL PORTABLE RADIOS FOR COMMUNITY SERVICES OFFICERS, UPGRADE THE CABLE TO THE TRAFFIC OFFICE TO CAT6 CABLE TO IMPROVE SPEED AND SIGNAL, PURCHASE EMERGENCY RESPONSE EQUIPMENT, PURCHASE AN ADDITIONAL FILE SERVER TO HANDLE NEW LASERFISCHE SYSTEM, AND PURCHASE A CELL PHONE BOOSTER SYSTEM TO COVER THE BASEMENT OF THE POLICE DEPARTMENT. Action: To authorize the appropriation of COPS funds in the amount of $11,642.47 for the purchase of additional portable radios for Community Services Officers, upgrade the cable to the traffic office to Cat6 cable to improve speed and signal, purchase emergency response equipment, purchase an additional file server to handle new Laserfische system, and purchase a cell phone booster system to cover the basement of the Police Department. (h) RECOMMENDATION THAT THE CITY COUNCIL BE GIVEN NOTICE, PURSUANT TO COUNCIL RESOLUTION 10-6710A OF THE POLICE CHIEF'S INTENT TO FILE A "LETTER OF PROTEST" TO OPPOSE EXTENDING THE HOURS OF SALES, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES FROM THE CURRENT 9AM-10PM EVERYDAY, TO 9AM — 10PM, SUNDAY -WEDNESDAY AND 9AM — 11PM THURSDAY -SATURDAY, FOR THE ESTABLISHMENT KNOWN AS ROCKEFELLER'S, 420-422 PIER AVENUE. Memorandum from Police Chief Greg Savelli. Supplemental email from Terry Alkana received on December 13, 2011. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Chief Savelli responded to Council questions. Coming forward to address the Council at this time were: Jim Lissner — Hermosa Beach, urged the Council to maintain the current closing time of 10 p.m.; Sandy Saemann — Hermosa Beach, was opposed to extending alcohol serving hours on Upper Pier Avenue; Alan Sanford — Rockefeller business owner, said their CUP, originally granted to the previous tenant Ragin Cajun, allows them to stay open until 11 p.m., and this was not alcohol by right if a restaurant closes at 10 p.m., so not an intensification of alcohol on Upper Pier Avenue. Action: The City Council chose not to file a protest. • Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 12-13-11 Page 13341 (i) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $25,000 • FROM THE ASSET SEIZURE AND FORFEITURE FUND FOR THE PURCHASE OF ONE (1) 2012 DODGE GRAND CARAVAN SE TO REPLACE THE 2005 CHEVROLET SILVERADO PICKUP CURRENTLY ASSIGNED TO THE INVESTIGATIONS DIVISION. Memorandum from Police Chief Greg Savelli dated November 21, 2011. (j) Action: To authorize the appropriation of $25,000 from the Asset Seizure and Forfeiture Fund for the purchase of one (1) 2012 Dodge Grand Caravan SE to replace the 2005 Chevrolet Silverado pickup currently assigned to the Investigations Division. RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. OF LAGUNA NIGUEL TO PROVIDE A CITYWIDE PAVEMENT MANAGEMENT PROGRAM UPDATE IN THE AMOUNT OF $37,870; AUTHORIZE THE MAYOR TO EXECUTE AND CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Frank Senteno dated December 5, 2011. This item was removed from the consent calendar by Mayor pro tem Duclos • for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: (1) Approve a Professional Services Agreement with Bucknam & Associates, Inc. of Laguna Niguel to provide a Citywide Pavement Management Program update in the amount of $37,870; (2) Authorize the Mayor to execute and City Clerk to attest subject to approval by the City Attorney; and, (3) Authorize the Director of Public Works to make changes to the agreement within the project budget. Motion Duclos, second Tucker. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 20, 2011. (1) • Action: To receive and file the action minutes of the Public Works Commission meeting of July 20, 2011. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 14, 2011. Action: To receive and file the action minutes of the Public Works Commission meeting of September 14, 2011. City Council Minutes 12-13-11 Page 13342 • (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 16, 2011. • Action: To receive and file the action minutes of the Public Works Commission meeting of November 16, 2011. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 7, 2011. Supplemental correspondence was received on December 13 from Jeanna Ruby, representing Sangria. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Proposed Action: To review and reconsider the Planning Commission's decision on item 6 of the minutes to determine that Sangria's floor plan changes were minor, not requiring a CUP amendment. Motion Tucker. The motion died for lack of a second. Action: To receive and file the action minutes of the Planning Commission meeting of December 7, 2011. Motion Tucker, second Bobko. The motion carried by a unanimous vote. At 7:54 p.m., the order of the agenda went to public hearing item 5(a) 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d), (h), (j) and (n) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. AMENDMENT TO SOUTH PARK MASTER PLAN TO ALLOW A SPACE FOR A COMMUNITY GARDEN LOCATED IN THE NORTHEAST CORNER OF THE PARK. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Supplemental emails from Christian Campisi and from Susan Welker received on December 13, 2011. • City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 12-13-11 Page 13343 • The public hearing opened at 8:16 p.m. Coming forward to address the Council on this item were: The following Hermosa Beach residents spoke in support of the Community Garden: Kara Walker, Geoff Hirsch, Lou Morris, Moira Nelson, Dency Nelson, Lisa Santora, Lisa Ryder, Beverly (no last name given) and two residents who did not give their names. Also speaking in support was: Roger Bacon, Ralphs Shopping Center. The public hearing closed at 8:41 p.m. Proposed Action: To approve the recommendation of the Recreation and Community Resources Advisory Commission to approve the amendment allowing construction of a Community Garden. Motion Duclos, second Tucker. This motion was replaced by a substitute motion. Action: To continue the item until staff can provide an analysis of all sites considered and details on financial arrangements. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. III b. CONSIDER THE RECOMMENDATION FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION THAT THE CITY COUNCIL APPROVE THE INSTALLATION OF TWO ADDITIONAL VOLLEYBALL COURTS JUST SOUTH OF SIXTEENTH STREET. Memorandum from City Manager Stephen Burrell dated October 11, 2011. • City Manager Burrell suggested the item be continued to the City Council meeting of January 10, 2012. The public hearing opened at 8:38 p.m. As no one came forward to address the Council on this item, the public hearing was continued at 8:38 p.m. Action: To continue to the meeting of January 10, 2012. Motion Mayor Fishman, second Tucker. The motion carried by a unanimous vote. c. AMENDMENT TO EXISTING TAXI CAB FRANCHISE ALLOWING AN ADDITIONAL TEN (10) TAXI CABS FOR EACH OF THE FOUR (4) FRANCHISEES AND, IN ADDITION, THE AMENDMENT WOULD INCLUDE A PROVISION WHICH REQUIRES THE EXISTING FRANCHISEES TO PROVIDE A "CAB -STARTER" AT THE MAIN TAXI STAND (HERMOSA AVE. JUST SOUTH OF PIER) ON FRIDAY AND SATURDAY NIGHTS AND ON MAJOR HOLIDAYS SUCH AS LABOR DAY AND MEMORIAL DAY (SUNDAYS), THE FOURTH OF JULY, HALLOWEEN AND NEW YEARS' City Council Minutes 12-13-11 Page 13344 • • • EVE (WHATEVER DAY THEY FALL ON) AND ST. PATRICK'S DAY (THE EVENING AFTER THE PARADE) FROM 11 P.M. TO 2:30 A.M, (3.5 HOURS Continued from meeting of November 8, 2011. Memorandum from Police Chief Greg Savelli. Supplemental letter from All Yellow Taxi and emails from Chuck & Adele Gronbach and Bell Cab received on December 13, 2011. Police Chief Savelli presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 9:29 pm. Coming forward to address the Council on this item were: Karen (male) Hovhannisyan - A cab driver, spoke in opposition to adding more taxis; Geoff Hirsch - Hermosa Beach, spoke in opposition to adding more taxis and said it would be difficult to establish a staging area acceptable to residents to be used with a cab starter; Michael Bell (not from Bell Cab) - Bell Event Planning, said it would be unlikely an appropriate staging area would be available during the Fiestas; Eddie Nwanyanwu - A cab driver in Hermosa Beach for over ten years, spoke in opposition to adding more taxis; Roger Bacon - Ralphs Shopping Center, spoke in opposition to adding more taxis; Ann Sullivan - Hermosa Beach, spoke in opposition to adding more taxis but favored a cab starter to be used with a staging area; Timothy Onwuchuruba - A cab driver, spoke in opposition to adding more taxis and a cab starter to be used with a staging area; Gennady Mirmilshteyn - United Independent Taxi, spoke in opposition to adding more taxis and said a cab starter could be discussed when the new franchise agreements were negotiated in 2012; Michael Calin - Bell Cab, spoke in opposition to adding more taxis but was willing to discuss having two cab starters; Shirley Pe - South Bay Yellow Cab, spoke in support of adding more taxis and a cab starter; David Shapiro - Founder of United Independent Cab over 40 years ago, spoke in opposition to adding more taxis; David Gershwin -All Yellow Cab consultant, spoke in support of adding more taxis and a cab starter; Henry Kaptansyan - A cab driver, spoke in opposition to adding more taxis and a cab starter; Victor Garate - All Yellow Cab, said they receive many cab reservations online and by phone so a cab starter might not be feasible; Sandy Saemann - Hermosa Beach, spoke in opposition to adding more taxis; Jim Lissner- Hermosa Beach, spoke in opposition to adding more taxis; City Council Minutes 12-13-11 Page 13345 • The public hearing closed at 10:30 p.m. Action: To not add any cabs at this time and to direct staff to work with the taxicab companies to voluntarily establish a starter and staging area now or at franchise negotiation time in 2012; to bring back to a future meeting a plan for dealing with bandit cabs. Motion Duclos, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 11:01 p.m. The meeting reconvened at 11:13 p.m. d. REVIEW AND RECONSIDERATION OF A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, APPROVING A CONDITIONAL USE PERMIT AND PARKING PLAN AMENDMENTS TO EXPAND AN APPROXIMATELY 1,500 SQUARE FOOT EXISTING RESTAURANT WITH ON -SALE BEER AND WINE BY APPROXIMATELY 790 SQUARE FEET AT 1121 AVIATION BOULEVARD (GU GU SUSHI & ROLL) WITH LESS THAN REQUIRED PARKING, USING SHARED PARKING WITHIN THE SHOPPING CENTER AT THE NORTHEAST CORNER OF THE INTERSECTION OF PROSPECT AVENUE AND AVIATION BOULEVARD. Memorandum from Community Development Director Ken Robertson dated December 6, 2011. II) Community Development Director Robertson presented the staff report and responded to Council questions. • At 11:14 p.m., Mayor Fishman recused himself from hearing the item and left the room because he lives within 500 feet of the subject property. The public hearing opened at 11:23 p.m. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, urged the Council to restrict the number of televisions in this restaurant to avoid it becoming a sports bar. The public hearing closed at 11:26 p.m. Action: To approve the staff recommendation to adopt Resolution No. 11- 6776, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN AMENDMENT TO EXPAND AN EXISTING RESTAURANT WITH ON -SALE BEER AND WINE (GU GU SUSHI & ROLL) AND TO ALLOW PARKING TO BE CALCULATED PURSUANT TO THE CONSOLIDATED OFF-STREET PARKING STANDARD, AT 1117 AND 1121 AVIATION BOULEVARD WITHIN THE SHOPPING CENTER AT THE NORTHEAST CORNER OF THE INTERSECTION OF PROSPECT AVENUE AND AVIATION BOULEVARD, LEGALLY DESCRIBED AS A PORTION OF LOT 7, BLOCK 88, SECOND City Council Minutes 12-13-11 Page 13346 • ADDITION TO HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH,." and add the provision that a final inspection approval will not be granted until the property owner repairs the parking lot. Motion Bobko, second Tucker. The motion carried, noting the absence of Mayor Fishman. At 11:38 p.m., Mayor Fishman returned to the room and the dais. e. APPEAL OF PLANNING COMMISSION RESOLUTION ADOPTED ON OCTOBER 18, 2011, DENYING A CONDITIONAL USE PERMIT AMENDMENT FOR AN EXISTING RESTAURANT WITH ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, "BLUE 32", TO EXTEND HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING DAILY TO 1:OOAM CLOSING THURSDAY TO SUNDAY AND VARIOUS HOLIDAYS; TO EXTEND LIVE ENTERTAINMENT HOURS FROM AN 11:30PM CLOSING DAILY TO 12:30AM THURSDAY TO SUNDAY AND VARIOUS PUBLIC HOLIDAYS; TO REMOVE PROHIBITIONS ON CUSTOMER DANCING AND ADMISSION CHARGES; TO MODIFY THE SEATING PLAN; AND, TO MODIFY FOOD SALES REPORTING REQUIREMENTS, AT 1332 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated December 6, 2011. Community Development Director Robertson presented the staff report and • responded to Council questions. • The public hearing opened at 11:47 p.m. Coming forward to address the Council on this item were: David Lowe — said there had been no problems at the business since December 2008; explained the temporary loss of their liquor license in April 2011 as a misunderstanding; discussed the recent modifications, the addition of Shane McColgan as his partner; and each of their requests Shane McColgan — Managing partner of Establishment, previously Blue 32, said he had successfully operated Shark's Cove and several other businesses since 1986; confirmed that the goal of David and Mike Lowe is to run a successful business and asked the City Council to grant the reasonable requests; The public hearing closed at 11:55 p.m. Action: Direct staff to return with a resolution approving the applicant's seating plan (assuming actions taken did not require a building permit) and otherwise sustaining the Planning Commission's denials. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. City Council Minutes 12-13-11 Page 13347 • • 6. MUNICIPAL MATTERS a. REQUEST TO WITHDRAW THE CITY PROTEST OF STATE ALCOHOL BEVERAGE CONTROL (ABC) LICENSE REQUEST AT 1332 HERMOSA AVENUE (ESTABLISHMENT FORMERLY BLUE 32). Memorandum from Community Development Director Ken Robertson dated December 6, 2011. Community Development Director Robertson presented the staff report and responded to Council questions. Chief Savelli also responded to Council questions. Coming forward to address the Council on this item were: Jim Lissner — Hermosa Beach, urged the City Council not to withdraw its protest because it will send a signal to the Alcoholic Beverage Control Department that the City approves of the later closing time; Sandy Saemann — Hermosa Beach, urged the City Council not to withdraw its protest because they had taken actions without acquiring a building permit; David Lowe — business owner of Establishment (formerly blue 32) said reupholstering and moving the furniture did not require a building permit; said the City's protest would take away their livelihood completely; said their very restrictive CUP limits their actions; Action: To direct Chief Savelli to withdraw the letter. Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting votes of Tucker and Duclos. b. 2012 SUMMER BEACH CONCERT SERIES — REQUEST TO PROVIDE BACKSTAGE AREA AS PART OF STAGE SET UP. Memorandum from City Manager Stephen Burrell dated December 5, 2011. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the proposed addition to the stage area set for the Summer Concert Series and direct staff to make any required changes in the agreement with Saint Rocke. Motion Bobko, second Duclos. The motion carried by a unanimous vote. c. RECONSIDERATION OF PLANNING COMMISSION INTERPRETATION THAT PROJECTING VIDEO IMAGES ARE CONSIDERED WITHIN THE MEANING OF TELEVISIONS/MONITORS WHEN REGULATED BY CONDITIONAL USE PERMITS. Memorandum from Community Development Director Ken Robertson dated December 7, 2011. 110 Community Development Director Robertson presented the staff report and responded to Council questions. City Council Minutes 12-13-11 Page 13348 • Coming forward to address the Council on this item was: Alan Sanford — Rockefeller, said he was willing to take out the projector but objected to the hard line stance taken by the Planning Commission. Action: To concur with the Planning Commission interpretation that projecting video images are considered within the meaning of television/monitors. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. d. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION THAT DISPLAYS, AS REVISED, ARE MURALS, 1325 HERMOSA AVENUE (`BEACH MARKET'). Memorandum from Community Development Director Ken Robertson dated December 1, 2011. Councilmember Bobko, who asked that this item be reviewed by the City Council withdrew his request. Action: To approve the staff recommendation to adopt Resolution No. 11- 6777, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A DETERMINATION THAT TWO PROPOSED DISPLAYS, WITHOUT LOGOS, ARE `MURALS' AT 1325 HERMOSA AVENUE (`BEACH MARKET'), LEGALLY DESCRIBED AS HERMOSA BEACH LOT 18, BLOCK 14 , CITY OF HERMOSA BEACH." Motion Bobko, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. GOALS AND WORKPLAN FOR 2012-13. Memorandum from City Manager Stephen Burrell dated December 7, 2011. Action: Council consensus was to continue this item because of the lateness of the evening. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 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 Fishman that the Valley Drive sharrow lane be moved up to be implemented during the 1st Quarter of 2012 in conjunction with a Valley Drive sharrow lane in Manhattan Beach. Action: Council consensus was to continue this item because of the lateness of the evening. City Council Minutes 12-13-11 Page 13349 • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in honor of John Workman, on Wednesday, December 14, 2011, at the hour of 1:29 a.m. to an Adjourned Regular meeting to be held on January 10, 2012, at 6:00 p.m. • • r City Council Minutes uty City Clerk 12-13-11 Page 13350 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, January 10, 2012, at the hour of 7:04 p.m PLEDGE OF ALLEGIANCE - Jim Lissner ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT - City Attorney Jenkins announced that this evening's scheduled closed session meeting had been canceled. ANNOUNCEMENTS - Mayor pro tern Duclos asked that the meeting be adjourned in memory of Jan Barylski, a charter member of Hermosa's Neighborhood Watch and one of the first residents to join Volunteers in Policing, noting her love of Hermosa Beach and dedication to serving her community. Mayor Fishman announced that Police Chief Savelli had accepted a position with the City of Los Angeles, commended him for his success in Hermosa and improvements to the department, including Communications Assistance for Law Enforcement (CALEA) certification, wished the Chief well in his future endeavors and thanked him for his service, especially his weekly Neighborhood Watch living room visits. Mayor pro tern Duclos added that Chief Savelli had improved morale among the police officers, complimented him on both his accessibility to the residents and his participation in community events, which contributed to the close community feeling, and said he was pleased the Chief would continue to be a Hermosa Beach resident. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Roger Bacon - Ralphs Shopping Center, thanked Chief Savelli for a great job; said his polite but firm demeanor contributed to a safe community; Linsey Miller- Hermosa Beach, made a presentation showing the number of residents affected by the Gould Avenue bus route; asked for a show of hands from audience members agreeing with her in opposing the route for Fiesta buses because of noise, pollution and the fact that the buses significantly exceed the allowable weight limit; Julie Arizpe - Hermosa Beach, said the Gould route is illegal because of the weight limit but is also dangerous to children playing in Valley Park; Ron Black - Hermosa Beach, agreed that using Gould as a Fiesta bus route is illegal because it ignores the load limit; said the noise during the fiesta weekends continues from 7:00 a.m. to 8:30 p.m.; City Council. Minutes 1-10-12 Page 13351 • • • Jim Lissner - Hermosa Beach, asked that the City Council remove item 2(a), (Council minutes) from the consent calendar for separate discussion; Bill Stover - Hermosa Beach, objected to a Fiesta bus route along Gould Avenue because of the shaking which could be damaging houses; Tom Brodie - Hermosa Beach, did not think the public notice for item 5(a) (more volleyball courts) accurately reflected the recommendation of the Parks, Recreation and Community Resources Advisory Commission; Dean Woolman - Hermosa Beach, agreed with previous speakers about the need to eliminate Gould Avenue as a route for Fiesta buses; Melanie Tory - Hermosa Beach, said the Fiesta buses cause problems on other routes as well; suggested dropping riders off near businesses to encourage patronage and avoid blocking resident access; Mario Alvarez - Hermosa Beach, expressed concerns that his commercial neighbor was violating City codes; Sharon Woolman - Hermosa Beach, opposed a Fiesta bus route on Gould Avenue, saying it created an unsafe condition since the street has no sidewalks; and Cindy Walker - Hermosa Beach, suggested routing Fiesta buses onto Pier Avenue from Pacific Coast Highway and dropping passengers off near the museum at the Community Center. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(a) Mayor Fishman on behalf of resident Jim Lissner, and 2(c)(1), (f) (h) and (m)Tucker, Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:36 p.m., the order of the agenda went to public hearing item 5(a). (a) RECOMMENDATION TO APPROVE MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 13, 2011. This item was removed from the consent calendar by Mayor Fishman, at the request of resident Jim Lissner for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, suggested rewording the action for consent calendar item 2(h), saying the current wording was confusing. Action: To approve the minutes of the Regular meeting of December 13, 2011, with the action for consent calendar item 2(h) amended to simply say "The City Council chose not to file a protest." Motion DiVirgilio, second Mayor Fishman. The motion carried by a unanimous vote. City Council Minutes 1-10-12 Page 13352 (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 65228 • THROUGH 65227. • Action: To ratify the check register as presented and to approve the cancellation of check numbers 63106 and 64160 recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE (1) Tentative Future Agenda Items; and (2) City Council Directives Action: To receive and file the City Council Directives, item (c)(2). Item (c)(1) was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions about a goals meeting. Action: To receive and file the Tentative Future Agenda Items, item (c)(1). Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 2011 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the November 2011 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING DATES FOR THE 2011-12 MIDYEAR BUDGET REVIEW AND THE 2012-13 BUDGET: MIDYEAR BUDGET REVIEW ON TUESDAY, FEBRUARY 14, 2012 AT 7:00PM, PRE -BUDGET MEETING ON THURSDAY, FEBRUARY 16, 2012 AT 7:00PM AND BUDGET/CIP WORKSHOP ON THURSDAY, MAY 24, 2012 AT 7:00PM. Memorandum from Finance Director Viki Copeland dated January 3, 2012. Action: To approve the staff recommendation to receive and file the following City Council meeting dates for the 2011-12 Midyear Budget Review and the 2012-13 Budget: (1) Midyear Budget Review on Tuesday, February 14, 2012, at 7 p.m.; (2) Pre -Budget Meeting on Thursday, February 16, 2012, at 7 p.m.; and (3) Budget/CIP Workshop on Thursday, May 24, 2012, at 7 p.m. (f) RECOMMENDATION TO ACCEPT DONATIONS OF $50.00 FROM STEVE • AND CHRISTIANA TRIANTIS TO BE USED FOR FIRE PREVENTION EDUCATION MATERIALS; AND $1,000 FROM WILLIAM AND DARLENE City Council Minutes 1-10-12 Page 13353 MOWREY TO BE USED FOR THE K-9 PROGRAM. Memorandum from • Finance Director Viki Copeland dated January 3, 3012. (g) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: - $50.00 from Steve and Christiana Triantis to be used for Fire Prevention Education Materials; and - $1,000 from William and Darlene Mowrey to be used for the K-9 program. Motion Tucker, second Duclos. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated December 19, 2011. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. (h) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE AVIATION BOULEVARD BICYCLE LANE PRELIMINARY ENGINEERING STUDY. Memorandum from Public Works Director Frank Senteno dated January 5, 2012. (i) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file the report on the Aviation Boulevard Bicycle Lane Preliminary Engineering Study, as recommended by staff. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE REQUEST FROM MR. RICHARD THIELSCHER OF THIELSCHER-RANDALL FINANCIAL CORPORATION, OWNER OF THE HERMOSA BEACH SELF STORAGE (CITY PROPERTY LOCATED AT 552 ELEVENTH PLACE) FOR A REDUCTION IN THE MONTHLY LEASE AMOUNT FROM $16,374 TO $15,000, A REDUCTION OF $1,374 OR 8.39% AND REMOVAL OF THE CPI CLAUSE. THE CITY COUNCIL ADDED A CLAUSE THAT PROVIDES FOR A ONE-YEAR NOTICE OF TERMINATION. THE LEASE TERM IS 3 YEARS, ENDING JANUARY 31, 2015. DIRECT CITY MANAGER TO EXECUTE THE EXTENSION OF THE LEASE WHICH REFLECTS THE TERMS AS STATED ABOVE. Memorandum from Finance Director Viki Copeland dated January 3, 2012. Action: To approve the staff recommendation to: City Council Minutes 1-10-12 Page 13354 • (i) (1) Approve the request from Mr. Richard Thielscher of Thielscher-Randall Financial Corporation, owner of the Hermosa Beach Self Storage (City property located at 552 Eleventh Place), for a reduction of the monthly lease amount from $16,374 to $15,000 (reduction of $1,374 or 8.39%) and removal of the CPI clause; (2) Approve the additional clause added by the City Council to provide for a one-year notice of termination; and (3) Direct the City Manager to execute the extension of the lease which reflects the terms as stated above, with a lease term of three years, ending January 31, 2015. RECOMMENDATION TO AUTHORIZE REIMBURSEMENT FOR MAYOR FISHMAN TO ATTEND THE U.S. CONFERENCE OF MAYORS MEETING IN WASHINGTON, DC, JANUARY 18-20, 2012. Memorandum from City Manager Stephen Burrell dated December 29, 2011. Action: To authorize reimbursement for Mayor Fishman to attend the U.S. Conference of Mayors meeting in Washington, DC, January 18-20, 2012, as recommended by staff. (k) RECOMMENDATION TO APPROVE THE REQUEST FROM LEADERSHIP HERMOSA BEACH TO USE SIX (6) VOLLEYBALL COURTS ON THE NORTH SIDE OF THE PIER ON SATURDAY, JANUARY 28, 2012 FROM 9:00 A.M. TO 5:00 P.M. FOR A FUNDRAISING FOUR -PERSON COED VOLLEYBALL TOURNAMENT AND TO WAIVE FEES. Memorandum from City Manager Stephen Burrell dated December 29, 2011. (I) (m) Action: To approve the request from Leadership Hermosa Beach to use six (6) volleyball courts on the north side of the Pier on Saturday, January 28, 2012, from 9:00 a.m. to 5:00 p.m. for a fundraising four -person coed volleyball tournament and to waive fees, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE 2010-2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), WHICH INCLUDES THE REPORT FROM CAPORICCI AND LARSON, OUR INDEPENDENT AUDITORS. Memorandum from Finance Director Viki Copeland dated December 27, 2011. Action: To receive and file the 2010-2011 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, our independent auditors, as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION TO APPROVE CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FLOOR PLAN ALTERATIONS AND TO SUSTAIN THE PLANNING COMMISSION DENIAL OF EXTENDED HOURS AND OTHER OPERATIONAL CHANGES IN CONNECTION WITH AN EXISTING RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT AT 1332 HERMOSA City Council Minutes 1-10-12 Page 13355 • AVENUE ("ESTABLISHMENT", FORMERLY "BLUE 32"). Memorandum from Community Development Director Ken Robertson dated January 3, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 12- 6780, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING IN PART A CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE FLOOR PLAN, AND SUSTAINING IN PART THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT REQUESTING TO EXTEND HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING DAILY TO 1:00 A.M. CLOSING FRIDAY TO SUNDAY AND VARIOUS HOLIDAYS, TO EXTEND LIVE ENTERTAINMENT HOURS FROM 11:30 P.M. CLOSING DAILY TO 12:30 A.M. FRIDAY TO SUNDAY AND VARIOUS HOLIDAYS, TO REMOVE PROHIBITIONS ON CUSTOMER DANCING AND ADMISSION CHARGES, AND TO MODIFY FOOD SALES REPORTING REQUIREMENTS, AND INCLUDING PROPOSED MODIFICATIONS REDUCING THE SCOPE OF THE REQUESTED CHANGES, IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT ("ESTABLISHMENT", PREVIOUSLY KNOWN AS "BLUE 32") AT 1332 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 10, 11 AND 12, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH." Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting votes of Tucker and Duclos. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDS TO PREPARE A TARGETED GENERAL PLAN/COASTAL LAND USE PLAN UPDATE UNDER THE "SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM" AND AUTHORIZE A CONTRACT FOR $12,000 WITH RICE/ENGLANDER & ASSOCIATES FOR ASSISTANCE IN SECURING THE GRANT. Memorandum from Community Development Director Ken Robertson dated January 4, 2012. Supplemental email from Mark Hopkins received on January 10, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6778, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS UNDER THE `SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM' OF THE SAFE DRINKING WATER, City Council Minutes 1-10-12 Page 13356 WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND • COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84). • • (o) RECOMMENDATION TO ADOPT RESOLUTION WHICH AUTHORIZES OFFICERS (OFFICIALS AND EMPLOYEES) TO ORDER DEPOSIT AND WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF). Memorandum from Finance Director Viki Copeland dated January 3, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6779, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING OFFICERS TO ORDER DEPOSIT AND WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(a), (c)(1), (f), (h) and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CONSIDER THE RECOMMENDATION FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION THAT THE CITY COUNCIL APPROVE THE INSTALLATION OF TWO ADDITIONAL VOLLEYBALL COURTS JUST SOUTH OF SIXTEETH STREET. Continued from meeting of December 13, 2011. Memorandum from City Manager Stephen Burrell dated October 11, 2011. Supplemental email received from Suzanne Rampe, Beach Cities Volleyball Club, on January 10, 2012. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:43 p.m. Coming forward to address the Council on this item were: Gary King - Hermosa Beach, opposed more courts at the proposed location; Man - Hermosa Beach, questioned the need for more courts at that location; Linda Kinq - Hermosa Beach, said any additional courts should be located north of Sixteenth Street and closer to the water; Bob Leff - Hermosa Beach, said volleyball is part of Hermosa's heritage but it negatively impacts those living near the courts, especially children, City Council Minutes 1-10-12 Page 13357 • with loud risque language and balls hitting people on the Strand; said there were already enough courts in this area; Tom Brodie — Hermosa Beach, said litter and bicycles leaning on the Strand wall also accompanies the volleyball courts; said any additional courts should be placed in another area; Sandy Saemann — Hermosa Beach, did not oppose volleyball but agreed with the concerns raised about the players' profanity and drinking; said there are often unused courts and additional ones were not needed; Dan Inskeep — Hermosa Beach, requestor of the additional volleyball courts, agreed there were sometimes unused courts on weekdays but said there were never enough on weekends; said City staff determined other locations were not workable; John Wallace — Hermosa Beach, supported the location of Fifteenth Street for additional courts, but not further north; and Dan Inskeep — in response to Council questions; agreed the courts should not be located where people enter the beach from the Strand; said he expected them to be on the north end of the 1500 block of the Strand. The public hearing closed at 8:10 p.m. Proposed Action: To allow, on a one-year trial basis, the installation of one volleyball court at the westernmost site, at least 30 feet south of 16th Street, followed by re-evaluation and consideration of the second requested court. Motion Mayor Fishman. The motion died for lack of a second. Action: To allow, on an interim basis through September 2012, installation of one volleyball court at the westernmost point with the end line a minimum of 30 feet from the 16th Street entrance, followed by a review. Motion Mayor Fishman, DiVirgilio. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. ANNUAL REVIEW OF FIESTA — APPROVAL OF 2012 EVENTS. Memorandum from City Manager Stephen Burrell dated December 29, 2011. Supplemental emails received after the agenda was posted from Ron Felsing, Julie Mote, Matt Zeigler, Linsey Miller, Julie Arizpe, Gary Mammet, Todd Kramer and Brian Harris City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shane Matthews — Hermosa Beach, opposed the Fiesta bus route on Gould Avenue; said smaller shuttle vans should be used because they would be easier to maneuver on small streets; Jim Lissner— Hermosa Beach, agreed a shuttle van could make a U-turn on Pier Avenue; said smaller vehicles might be more expensive but better for the environment; City Council Minutes 1-10-12 Page 13358 • • • Tom Brodie — Hermosa Beach, suggested using City Hall as the passenger drop-off and pick-up location, with golf carts available to accommodate those unable to walk to the Fiesta and/or back to City Hall; Maureen Hunt —Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, she was open to suggestions on different routes as well as the use of smaller vehicles, but questioned the feasibility of a City Hall staging area, fearing it may cause people to drive themselves and increase parking congestion near the Fiesta; and Mike Bell — Bell Event Services, agreed more Fiesta visitors would drive their own cars if the passenger drop-off point was further away; noted also that smaller vehicles would be much more expensive. In response to Council questions, Police Chef Savelli said a Pier Avenue route and U-turn at Bayview Drive would impact traffic and require additional staffing; said a staging area at City Hall would be acceptable if emergency vehicle access was maintained. Action: To direct staff to work with the Chamber of Commerce to research the cost of using smaller vehicles and report back with a cost analysis at a future meeting, at which time the Council will select a shuttle bus route for the 2012 Fiestas. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. Further Action: To eliminate Gould Avenue from consideration as a 2012 Fiesta bus route, and direct staff to report back on the following two options for Council consideration: using the Pier Avenue/14th Street route (as done for the 2011 Labor Day Fiesta weekend) or setting up a civic center staging area with golf carts available to accommodate those unable to walk the distance to and/or from the Fiesta. Motion Mayor Fishman, second Bobko. The motion carried by a unanimous vote. Further Action: To direct staff to work with the MTA and Beach Cities Health District on alternative routes for their vehicles to eliminate their current use of Gould Avenue/27th Street. Motion Tucker, second Duclos. The motion carried by a unanimous vote. Final Action: To approve the staff recommendation to: (1) Approve the 2012 Fiestas — Memorial Day weekend, May 26, 27 & 28, 2012, and Labor Day weekend, September 1, 2 & 3, 2012; and (2) Approve the use of the beach for the Bike Valet Program. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. b. PROPOSAL FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO MANAGE THE STREET LIGHT POLE BANNERS ON PIER AVENUE BETWEEN HERMOSA AVENUE AND VALLEY DRIVE. Memorandum from City Manager Stephen Burrell dated December 29, 2011. City Council Minutes 1-10-12 Page 13359 City Manager Burrell presented the staff report and responded to Council • questions. • Coming forward to address the Council on this item were: Maureen Hunt — Hermosa Beach Chamber of Commerce and Visitors Bureau Executive Director, said the banners would depict seasons and beach scenes and advertise community events, possibly working together with local non -profits organizations; and Jim Lissner — Hermosa Beach, suggested a Council subcommittee working with the Historical Society to standardize the City's slogans and logos to be used by the Chamber of Commerce. Action: To approve, as recommended by staff, the Chamber of Commerce proposal to manage the street light pole banners on Pier Avenue between Hermosa Avenue and Valley Drive, and direct the City Manager to return with an agreement to implement the program on a one-year basis, with a clause added to the agreement requiring content approval by the City. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. c. OPINION OF THE CITY ATTORNEY — NEW TRANSACTIONS AND USE TAX TO BENEFIT HERMOSA BEACH CITY SCHOOL DISTRICT. Memorandum from City Manager Stephen Burrell dated January 5, 2012. City Attorney Jenkins presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Tom Brodie — Hermosa Beach, asked if the City can give money to the School District as a charitable donation (the City Attorney said the City may give money only for the shared use of school fields, auditoriums, etc.); Jim Lissner — Hermosa Beach, said the State constitution should be changed to allow cities to contribute money to the schools; Doug Gneiser — Hermosa Beach, said he was an attorney who initiated this idea with the School Board; disagreed with the City Attorney's very conservative opinion, saying he believed it was unlikely that a City donation would be challenged; and Jack Burns — Hermosa Beach School Board President, reviewed how the School District became underfunded due to changes at the State level, and urged the City Council to move forward to help Hermosa schools. Action: To receive and file the legal opinion of the City Attorney on a New Transaction and Use Tax to benefit the Hermosa Beach City School District, as recommended by staff. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 1-10-12 Page 13360 • • • d. PROCEDURES FOR CITY COUNCIL MEETINGS, INCLUDING SETTING A MEETING ENDING TIME, INTRODUCTION OF AN ORDINANCE AND ADOPTION OF A RESOLUTION SETTING CITY COUNCIL MEETING PROCEDURES AND AMENDING THE PROCEDURE FOR SETTING REVIEW BY CITY COUNCIL OF PLANNING COMMISSION ACTIONS. Memorandum from City Manager Stephen Burrell dated December 29, 2011. Supplemental revised resolution received from City Attorney Jenkins on January 10, 2012. City Attorney Jenkins presented the staff report and responded to Council questions, noting the supplemental resolution revisions. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, said the current process was working satisfactorily and opposed making changes; said staff time and City funds should be used for items with a higher priority. Action: To: 1) Approve the staff recommendation to waive full reading and introduce Ordinance No. 12-1331, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE CONDUCT OF CITY COUNCIL MEETINGS"; 2) Request that staff make note on the agenda and/or in the staff report to alert Councilmembers about any items requiring disclosure of "ex parte" communications (per 7.5); and 3) Direct staff to further revise the supplemental resolution, for adoption at a future meeting, to incorporate the changes made this evening: (a) 5.2. Order of Business, switch agenda items "j" with "k" so that "excluded consent calendar" appears between "public hearings" and "municipal matters"; an (b) 6.3. Procedure, amend second sentence to read "Speakers shall address their comments or questions to the City Council as a whole, and not to any particular Councilmember, or staff, or to the audience." Motion Mayor Fishman, second Tucker. The motion carried by a unanimous vote. e. DISCUSSION ON STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR CIVIC CENTER AND DOWNTOWN OPPORTUNITY SITES. Memorandum from Community Development Director Ken Robertson dated January 3, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: City Council Minutes 1-10-12 Page 13361 Jim Lissner— Hermosa Beach, suggested that the City prioritize its spending • toward more important issues, such as the Macpherson trial. Action: To approve the staff recommendation to: (1) Provide suggestions for preparing a strategic economic development plan for the Civic Center and downtown opportunity sites; and (2) Direct staff to release a request for proposals to solicit input from qualified consultants. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. GOALS AND WORKPLAN FOR 2012-13. Memorandum from City Manager Stephen Burrell dated December 7, 2011. Continued from meeting of December 13, 2011. Action: Council consensus was to continue this item due to the lateness of the hour. b. SMOKING PROHIBITION IMPLEMENTATION PROGRAM GOING INTO EFFECT MARCH 1, 2012. Memorandum from City Manager Stephen Burrell dated December 29, 2011. • City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Craig Cadwallader — South Bay Chapter of the Surfrider Foundation, asked that the designated smoking areas be established soon so that the Foundation could move forward with its installation of cigarette butt receptacles in those locations. Action: To approve the staff recommendation to: (1) Approve the implementation program for the smoking prohibition; and (2) Authorize the expenditure of $19,000, which will be subject to reimbursement from the Los Angeles County Public Health Department. Motion Duclos, second Tucker. The motion carried, noting the dissenting vote of Bobko. At 10:52 p.m., the order of the agenda went to item 4, items removed from the consent calendar for separate discussion. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Fishman that the Valley Drive sharrow lane be moved up to be implemented during the 1st Quarter of 2012 in City Council Minutes 1-10-12 Page 13362 conjunction with a Valley Drive sharrow lane in Manhattan Beach. • Continued from meeting of December 13, 2011. Action: Council consensus was to continue this item due to the lateness of the hour. b. Request from Mayor Pro Tem Duclos to explore feasibility of adding a small restroom facility in downtown parking lots as part of trash enclosure work on Lots "A" and "B" (CIP 07-651). Action: Council consensus was to continue this item due to the lateness of the hour. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in honor of Jan Barylski, on Tuesday, January 10, 2012, at the hour of 11:05 p.m. to a Regular meeting to be held on January 24, 2012, at 6:00 p.m. • De . uty City Clerk City Council Minutes 1-10-12 Page 13363 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, January 24, 2012, at the hour of 6:01 p.m. • ROLL CALL: Present: DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: Bobko ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held December 13, 2011. 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 24, 2012, at the hour of 6:02 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — Dorothy Yost ROLL CALL: Present: DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: Bobko (arrived at 8:41 p.m.) CLOSED SESSION REPORT — City Attorney Jenkins said no public comments were received before the Council adjourned into the closed session; one item that arose after the posting of the agenda and required immediate action was added to the agenda — the discussion of an interim city manager in light of City Manager Burrell's retirement announcement; and no reportable actions were taken. City Council Minutes 1-24-12 Page 13364 • ANNOUNCEMENTS — Mayor Fishman announced the Household Hazardous and E -Waste Roundup on Saturday, January 28, from 9 a.m. to 3 p.m., at Clark Stadium; and gave details of the sessions he attended at the U.S. Mayors Conference in Washington D.C. PRESENTATIONS PRESENTATION TO WINNERS OF THE COUNTY OF LOS ANGELES PUBLIC LIBRARY 2011 CHILDREN'S BOOKMARK CONTEST Katherine Mowery, Hermosa Beach Library Children Services, thanked the 150 children who submitted entries and congratulated the winners. Dorothy Yost, Friends of the Library president, invited the winners forward and presented them with their prizes. Mayor Fishman presented to each winner a proclamation and a City pin. PRESENTATION FROM CITY TREASURER REGARDING ANNUAL INVESTMENT POLICY City Treasurer David Cohn introduced Leadership Hermosa participants Sarah Emami, Financial Executive at the Walt Disney Company, and Andrew Westling, Priority Banking Relationship Manager at Union Bank, who assisted Mr. Cohn in a PowerPoint presentation outlining his plan. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Jackie Hernandez — American Heart Association, thanked -the City for its smoke-free actions; Jeannie Jung — American Lung Association, thanked the City for improving its smoke-free environment; Spencer Lyons — American Cancer Society, thanked the Council for its commitment to protect residents and visitors from secondhand smoke; Judy Deutsch — Hermosa Beach resident representing Vitality City (partnering with Beach Cities Health District), invited the community to a lecture by Richard Leider, author of The Power of Purpose, noting that details and registration were available at the Vitality City website; Suzanne (no last name given) — member of the American Lung Association Leadership Board and the Cancer Society, discussed the policies of California cities to control tobacco which is known to cause many forms of cancer as well as lung and heart disease; urged residents to City Council Minutes 1-24-12 Page 13365 • • • visit www.californiansforacure.orq to learn about a June 5, 2012 ballot initiative (California Cancer Research Act) to increase the tax on cigarettes to fund research; education and enforcement; urged the City Council to endorse the ballot measure; Lisa Temple - Hermosa Beach resident and California Cancer Act volunteer, praised the City for its actions to control smoking and endorsed the ballot initiative to fund cancer and heart disease research; Marylin Charney - invited the community to the Carnegie Send-off Concert at Mira Costa high School on Sunday, February 12, at 5:30 p.m., to raise funds to send 120 students to Carnegie Hall in March; said tickets were available at costachoirtix(cr�gmail.com at $20 for adults and $15 for students; Sam Pena - Consolidated Disposal Service, thanked City Manager Burrell for years of mutual cooperation; provided additional details about the upcoming Household Hazardous Waste Roundup; expressed his appreciation for the contribution the Green Task Force has made in preparing the City's solid waste Request for Proposal; Mike Naylor- Hermosa Beach, asked for Council approval of Hermosa 24, a fundraiser for City schools on June 30 and July 1 (Mayor Fishman directed him to work with City Manager Burrell to agendize the event for a future Council meeting); Joe Charles - invited the City Council and the community to participate in the Pier to Pier Run on March 3; and Mario Alvarez - Hermosa Beach, spoke about his ongoing dispute with the neighboring commercial business that he believes has been violating City codes. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(g) Tucker. Motion DiVirgilio, second Duclos. The motion carried, noting the absence of Bobko. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF REGULAR MEETING OF JANUARY 10, 2012. Action: To receive and file memorandum from City Clerk Elaine Doerfling regarding the minutes of Regular meeting of January 10, 2012. (Bobko absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 65490 THROUGH 65594. Action: To ratify the check register as presented. (Bobko absent) City Council Minutes 1-24-12 Page 13366 • (c) RECOMMENDATION TO RECEIVE AND FILE (1) Tentative Future Agenda Items; and (2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (Bobko absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2011 FINANCIAL REPORTS: 1) Memorandum regarding the December 2011 Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the December 2011 financial reports: 1) Memorandum regarding the December 2011 Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. (Bobko absent) (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 17, 2012. (f) (g) • Action: To receive and file the action minutes of the Planning Commission meeting of January 17, 2012. (Bobko absent) RECOMMENDATION TO ADOPT A RESOLUTION DECLARING THE CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 31, 2012 FROM 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2012. Memorandum from Community Development Director Ken Robertson dated January 17, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6781, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 31, 2012, FROM 8:30 P.M. TO 9:30 P.M., INCLUDING TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRIC DEVICES IN MUNICIPAL AND OTHER FACILITIES, AND URGING PARTICIPATION IN EARTH DAY ON APRIL 22, 2012." (Bobko absent) RECOMMENDATION TO ACCEPT DONATION OF $2,000 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR HARDWARE NEEDED FOR FIRE DEPARTMENT RECORDS MANAGEMENT SYSTEM. Memorandum from Finance Director Viki Copeland dated January 17, 2012. City Council Minutes 1-24-12 Page 13367 • • • This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: - $2,000 from the Woman's Club of Hermosa Beach to be used for hardware needed for Fire Department Records Management System. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR SENIOR RECREATION SUPERVISOR. Memorandum from City Manager Stephen Burrell dated January 17, 2012. (i) Action: To approve the class specification for Senior Recreation Supervisor, as recommended by staff. (Bobko absent) RECOMMENDATION TO APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO INCREASE GRANT WRITING SERVICES FROM $4,000 TO A MAXIMUM OF $7,000. Memorandum from Community Development Director Ken Robertson dated January 18, 2012. Action: To approve an Amendment to Professional Services Agreement with AECOM Technical Services, Inc. to increase grant writing services from $4,000 to a maximum of $7,000, as recommended by staff. (Bobko absent) (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 6, 2011. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 6, 2011. (Bobko absent) (k) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT, FILING AND APPROVAL OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 2012. Memorandum from City Treasurer David Cohn dated January 11, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6782 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A STATEMENT OF INVESTMENT POLICY AND RESCINDING RESOLUTION NO. 11-6729." (Bobko absent) City Council Minutes 1-24-12 Page 13368 • • • (1) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated January 18, 2012. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. (Bobko absent) 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1331 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE CONDUCT OF CITY COUNCIL MEETINGS. For adoption. Memorandum from City Clerk Elaine Doerfling dated January 19, 2012. Action: To waive full reading and adopt Ordinance No. 12-1331 Motion Duclos, second Mayor Fishman. The motion carried by the following vote: AYES: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(g) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 10:00 p.m., the order of the agenda went to items 9(a) and (b). 5. PUBLIC HEARINGS a. 2012 SPECIAL EVENT APPLICATIONS. Memorandum from City Manager Stephen Burrell dated January 4, 2012. Additional information from City Manager Stephen Burrell dated January 19, 2012. 2012 COMMERCIAL EVENTS DATE Olympian Fitness - Hermosa Beach 5000 April 21 rEvolution - Shape Summer Beach Tour June 2 Elevation Group - Wide Open VB Tour July 6, 7, 8 Olympian Fitness - Turkey Trot November 22 2012 NON PROFIT EVENTS DATE Project Touch - Sand & Strand February 19 City Council Minutes 1-24-12 Page 13369 • • • The Samburu Project — Walk for Water March 25 USA Volleyball - Collegiate Challenge April 14-15 Little League — Night at the Ballpark April 21-22 So CaI Foundation for Children — SmackFest Co- Ed VB April 28, July 28, Sept 22 Great Autos of Yesteryear — Endless Summer Car Show May 5 So CaI Foundation for Children -4 Man Volleyfest May 12 Arts Group of Hermosa Beach — Art Walk June 9-10 (AAU) Amateur Athletic Union — AAU June 16, July 14-15, July 28-29, Aug 19 USA Volleyball - Hermosa Beach Open July 20-22 FOP — Movie in the Park August 25 Richstone Family Center — Richstone Pier to Pier Walk April 28 CATEGORY! EVENTS (City receives 30% net revenue) DATE/S Beach Cities — Adult Tennis Championships June 9-10, June 16-17 GI Joe Enterprises — Pier to Pier Run/Walk March 3, June 9, Nov 10 West Coast Beach Tennis — Tournaments Mar 3-4, April 21-22, Aug 4-5, Sept 29-30, Oct 27-28 (CBVA) California Beach Volleyball Association — Beach Volleyball March 24, April 14, May 19,26,27, Aug 4, 5, Aug. 11-12, Sept. 1, 2, 8 Beach Cities — Jr. Tennis Championships May 5-6, 12-13, Dec 8-9, Dec 15-16 HB Junior Satellite & Novice Tennis Tournament Nov 3-4, Nov10-11 City Manager Burrell presented the staff report and responded to Council questions, saying he would provide a ten-year history of the events approved, as requested by the Council. The public hearing opened at 8:34 pm. Coming forward to address the Council on this item were: Mark Silvan — Olympian Fitness, said their event was unchanged from the previous year; Representative of rEvolution — gave details of their event and provided a slide presentation; Representative of Elevation Group — said the Wide Open Volleyball tour would be held on July 6-7-8 and they were looking forward to another successful enjoyable event; and Representative of Olympian Fitness — said the Turkey Trot is identical to the Thanksgiving event but on a different date; (At 8:41 p.m., Councilmember Bobko arrived at the meeting.) City Council Minutes 1-24-12 Page 13370 • • • Continuing to come forward to address the Council on this item were: Dorothy Forba-Hartley - Project Touch, described the Sand and Strand event and asked for a fee waiver, without which they would not be able to continue the race; Representative of The Sambaru Project - described their third annual Walk for Water; said the $550 fee is a lot of money for their organization; Dave Williams - USA Volleyball, described the Collegiate Challenge, stating that, as this event grows larger, it will come under the jurisdiction of The National Collegiate Athletic Association (NCAA); Jeff Fraley - Hermosa Beach Little League, thanked the City for its continued support and described the Night at the Ballpark event; Bill Sigler - Southern California Foundation for Children, said the SmackFest Co -Ed Volleyball event would be the same as it has been for the last eleven years, raising funds for Christmas gifts for needy children; Dave Freedman - Great Autos of Yesteryear, said the Endless Summer Car Show has been held for 13 years and involves no fee, no judging, and no fundraising; Sam Perrotti - Arts Group of Hermosa Beach, said the Art Walk is unchanged from last year except the stage has been eliminated and there will be small acoustic bands rather than rock and roll bands; Representative of the AAU - said their event in June, July and August, is in its 18th year; Dave Williams - USA Volleyball, described the Hermosa Beach Open, which was held in September last year but earlier this year; Jeff Fraley - Friend of the Parks, said the Movie in the Park is in its 6th year; thanked the City and the Rotary and Kiwanis clubs for their support; Representative of the Richstone Family Center - thanked the City for its support for their 25th annual Pier to Pier Run to raise funds for child abuse prevention; Joe Charles - GI Joe Enterprises, discussed his Pier to Pier Run/Walks in March, June and November; Representative of the Beach Tennis - thanked the City for its continued support of this new sport; and Chris Brown - California Beach Volleyball Association, said this is the 50th anniversary of this event. The public hearing closed at 9:04 p.m. Action: To approve all events presented this evening, and to waive the $500 application fee for the Endless Summer Car Show and the Project Touch Sand and Strand run events, as recommended by staff. Motion DiVirgilio, second Tucker. Proposed Action: To amend the motion to require a report back at the conclusion of each individual event in a multi -date series of the same event. Motion Duclos. The motion died for lack of a second. The original motion carried by a unanimous vote. City Council Minutes 1-24-12 Page 13371 b. CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO BIJOU • BUILDING, A HISTORICAL LANDMARK, TO ACCOMMODATE TENANT IMPROVEMENTS TO THE INTERIOR AND EXTERIOR OF THE COMMERCIAL SPACE AT 1227 HERMOSA AVENUE ("FROSTED CUPCAKERY", FORMERLY COFFEE BEAN & TEA LEAF), AND APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CERTIFICATE OF APPROPRIATENESS REVIEW AT 1221 AND 1227 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated January 17, 2012. • Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 9:20 p.m. Coming forward to address the Council on this item were: Judy Garland — Hermosa Beach, said she had been involved in preserving the Bijou Theater as a landmark and would hate to see the exterior changed and the aesthetic value harmed; Sam Perrotti — Hermosa Beach, noted that the kitchen would be modified and the venting would modify the building; and James Dolan — applicant, said the building's architectural features were of great importance to their business; said the changes made would be reversible and the contractor has experience with historical structures. The public hearing closed at 9:27 p.m. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 12-6783 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CERTIFICATE OF APPROPRIATENESS FOR AN ALTERATION TO THE BIJOU BUILING, A DESIGNATED HISTORIC LANDMARK, TO ACCOMMODATE "FROSTED CUPCAKERY," FORMERLY COFFEE BEAN & TEA LEAF, LOCATED AT 1227 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 14-18, BLOCK 13, HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH."; and (2) Approve an Amendment to Professional Services Agreement with PCR Service Corporation for Certificate of Appropriateness Review. Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. c. 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Memorandum from Community Development Director Ken Robertson dated January 18, 2012. Community Development Director Robertson presented the staff report and • responded to Council questions. City Council Minutes 1-24-12 Page 13372 The public hearing opened at 9:32 p.m. As no one came forward to address the III Council on this item, the public hearing closed at 9:32 p.m. Action: To approve the staff recommendation to: 1. Adopt Resolution No. 12-6784, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2012-2013"; 2 Approve the Fiscal Year 2012-2013 CDBG Annual Planning Summary with an allocation of approximately $66,307; and 3. Authorize staff to negotiate the exchange of up to $78,000 of new and existing City CDBG funds with a city yet to be determined in return for unrestricted funds. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. HERMOSA BEACH GREEN TASK FORCE RECRUITMENT PROCESS AND WORK PLAN. Memorandum from Community Development Director Ken Robertson dated January 18, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Dency Nelson — Hermosa Beach, agreed that the goals of the Green Task Force should be established before recruitment because it might encourage potential members to apply. Action: To continue the item to the City Council meeting of April 10 and direct staff to work with the Council to create a work plan for the Green Task Force before starting the recruitment process. Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote. b. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from City Manager Stephen Burrell dated January 11, 2012. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the report submitted by the County Librarian and direct that the excess funds be placed in a Special Trust for improvements to the Hermosa Beach Branch Library, as recommended by staff. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None City Council Minutes 1-24-12 Page 13373 • 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. REQUEST FOR CITY COUNCIL TO OPPOSE AB480 AS AMENDED CONCERNING INSURANCE FOR SOLID WASTE FACILITIES. Memorandum from City Manager Stephen Burrell dated January 19, 2012. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the report. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. At 9:57 p.m., the order of the agenda went to Consent Ordinance item 3(a), followed by item 4, to consider the consent calendar item removed for separate discussion. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Fishman that the Valley Drive sharrow lane be moved up to be implemented during the 1st Quarter of 2012 in conjunction with a Valley Drive sharrow lane in Manhattan Beach. Continued from meeting of January 10, 2012. Mayor Fishman spoke to his item. Action: It was the consensus of the City Council to direct the City Manager to confer with Manhattan Beach's City Manager and present the item for discussion at the Council's upcoming goals session, yet to be scheduled. b. Request from Mayor Pro Tem Duclos to explore feasibility of adding a small restroom facility in downtown parking lots as part of trash enclosure work on Lots "A" and "B" (CIP 07-651). Continued from meeting of January 10, 2012. Mayor pro tem Duclos spoke to his item. Action: It was the consensus of the City Council to direct the City Manager to report on the item at the upcoming goals session for Council discussion and consideration. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 24, 2012, at the hour of 10:16 p.m. to a Regular meeting to be held on February 14, 2012, at 6:00 p.m. ty City Clerk City' ncil Minutes 1-24-12 Page 13374 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 14, 2012, at the hour of 6:00 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Mayor Fishman Absent: Tucker (arrived at 6:25 p.m.) ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on January 24, 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) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BC172546 4 PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: Interim City Manager 5 PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 2012, at the hour of 6:01 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:10 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:17 p.m. PLEDGE OF ALLEGIANCE — Rev. Rachel Nyback, St. Cross Episcopal Church City Council Minutes 2-14-12 Page 13375 • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT - City Attorney Jenkins said no public comments were received before the Council adjourned into closed session, and no reportable actions were taken on either of the two agenda items discussed - the Macpherson litigation and an interim City Manager upon City Manager Burrell's retirement. ANNOUNCEMENTS - Mayor pro tem Duclos reported on the recent South Bay Council of Government event he attended at Enterprise Rental Car in Torrance, whose fleet now includes Nissan Leaf electric vehicles. Councilmember Bobko read a portion of a thank you letter from Sister Anne at the Good Shepherd Shelter for battered women and children - one of the recipients of toys from the Beach Cities Toy Drive at Christmas. Mayor Fishman reported on Hermosa's January 28 Hazardous Household/E-waste Roundup. Councilmember DiVirgilio and City Manager Burrell noted, in addition to the monthly events in Los Angeles County, permanent sites were available to all County residents near LAX and in San Pedro, with details on Hermosa's website. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Sam Pena - Consolidated Disposal Services, notified the Council that they had nominated the City of Hermosa Beach for a Green City Award and that he would report back when the results were compiled; and Lou Morris - Hermosa Beach, thanked Consolidated Disposal Services for their assistance in the Hazardous Household and E -Waste roundup; said it was very easy to participate. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (i) Duclos and (j) DiVirgilio. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. At 7:30 p.m., the order of the agenda went to public hearing items 5(a) and (b). • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on January 10, 2012 and 2) Minutes of the Regular meeting held on January 24, 2012. City Council Minutes 2-14-12 Page 13376 • • • Action: To approve, as presented, the following minutes: 1) Minutes of the Regular meeting held on January 10, 2012 and 2) Minutes of the Regular meeting held on January 24, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 65594 THROUGH 65809. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE (1) Tentative Future Agenda Items; and (2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2011 REVENUE AND EXPENDITURE REPORTS. Memorandum from Finance Director Viki Copeland dated February 6, 2012. Action: To receive and file the December 2011 Revenue and expenditure reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 18, 2012. (f) (g) Action: To receive and file the action minutes of the Public Works Commission meeting of January 18, 2012. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated February 1, 2012. Claimant: Reiss, Robert Date of Loss: 09-17-11 Date Filed: 01-30-12 Allegation: Personal injury Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF NOVEMBER 7, 2011. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 7, 2011. City Council Minutes 2-14-12 Page 13377 • (h) RECOMMENDATION TO APPROVE A REQUEST FROM HERMOSA BEACH ART WALK TO ALLOW TWO MOBILE FOOD SERVICE TRUCKS AT THE ART WALK EVENT ON JUNE 9 & 10, 2012, FROM 11:00 A.M. TO 4:00 P.M. Memorandum from City Manager Stephen Burrell dated February 8, 2012. • (i) Action: To approve a request from Hermosa Beach Art Walk to allow two mobile food service trucks at the Art Walk event on June 9 & 10, 2012, from 11:00 a.m. to 4:00 p.m., as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION IMPLEMENTING THE CITY COUNCIL MEETING PROCEDURES ORDINANCE. Memorandum from City Manager Stephen Burrell dated February 9, 2012. Supplemental letter received from Howard Longacre on February 14, 2012. This item was removed from the consent calendar by Mayor pro tem Duclos for separate discussion later in the meeting. City Attorney Jenkins, City Manager Burrell and City Clerk Doerfling responded to Council questions. Proposed Action: To change the language of 5.2.n. (Other Matters - City Council) to allow items to be placed on future agendas by two members of the City Council rather than a majority. Motion Duclos, second Mayor Fishman. The motion failed due to the dissenting votes of Bobko, DiVirgilio and Tucker. Action: To receive and file the supplemental letter and approve the staff recommendation to adopt Resolution No. 12-6787, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS," as amended this evening to strike the last sentence of Section 6.4. Motion Bobko, second Tucker. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE ATTENDANCE OF MAYOR PRO TEM DUCLOS TO THE LOCAL GOVERNMENT COMMISSION ANNUAL MEETING ON MARCH 15-18, 2012. Memorandum from City Manager Stephen Burrell dated February 8, 2012. This item was removed from the consent calendar by Councilmember DiVirgilio for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Proposed Action: To deny approval for Mayor pro tem Duclos to attend the Local Government Commission annual meeting on March 15-18, 2012. City Council Minutes 2-14-12 Page 13378 • Motion DiVirgilio, second Bobko. The motion failed, noting the dissenting votes of Tucker, Duclos and Mayor Fishman. • • Action: Council consensus was to approve attendance of Mayor Pro Tem Duclos to the Local Government Commission annual meeting on March 15- 18, 2012. At 10:30 p.m., the order the agenda went to item 7(a). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(i) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CONTINUED PUBLIC HEARING TO CONSIDER AMENDMENT TO SOUTH PARK MASTER PLAN TO ALLOW A SPACE FOR A COMMUNITY GARDEN LOCATED IN THE NORTHEAST CORNER OF THE PARK. Continued from meeting of December 13, 2011. Memorandum from City Manager Stephen Burrell dated February 9, 2012. Supplemental email from Ann Hempelmann received on February 14, 2012. City Manager Burrell presented the staff report and responded to Council questions, noting that staff would work with the group on fencing and place all information about the garden on the City's website. The public hearing opened at 7:47 p.m. Coming forward to address the Council on this item were: Kari Walker — Hermosa Beach, garden manager, said they had obtained liability insurance; said the planting of trees would not be allowed; said a tree specialist has determined that one of the existing large pine trees in the proposed garden area is diseased and should be removed; Dency Nelson — Hermosa Beach, supported the community garden as a great family activity, especially of benefit to children; said an added benefit would be the food donated to St. Cross Church and Salvation Army; said there had been no complaints from surrounding residents; Janice Yates — Hermosa Beach, Marineland Mobil Home Park, said she learned a lot at the demonstration garden about growing in raised beds and hoped to establish her own garden in the small space at her home; felt it was a benefit to the entire community and urged approval; Rev. Rachel Nyback — St. Cross Episcopal Church, said they looked forward to fresh vegetables for their homeless program, noting the challenges City Council Minutes 2-14-12 Page 13379 • • • of providing healthy meals; spoke of her desire to someday dedicate a portion of the church property for use as a community garden; and (No name given) — Salvation Army Beach Cities Meals on Wheels, said they served 130 meals daily to seniors and having fresh food will be a wonderful addition; urged the Council to approve the garden. The public hearing closed at 7:59 p.m. Action: To approve the amendment of the South Park Master Plan to allow for construction of a permanent community garden in the northeast portion of South Park subject to the conditions recommended by the Parks, Recreation and Community Resources Advisory Commission, with the Council's addition this evening of a condition to exclude the planting of any type of tree in the ground of the community garden. Motion Tucker, second Duclos. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. At 8:15 p.m., the order of the agenda went to item 5(b), previously item 6(c). b. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATIONS FOR IMPROVING THE EMPLOYEE PARKING PERMIT PROGRAM, WHICH GENERALLY APPLIES TO BUSINESSES ON HERMOSA AND PIER AVENUES, TO BETTER MANAGE THE PERMIT PROCESS AND THE EFFICIENT USE OF PARKING. Memorandum from Community Development Director Ken Robertson dated February 7, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:46 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:46 p.m. Action: To direct staff to report back on a revised program for the issuance of parking permits to employers rather than employees, as is currently done, leaving it up to the business owners to provide their employees with the permits, and to include various options for Council consideration concerning parking location(s), permit fees, and the use of stickers, perhaps color -coded, that adhere to the vehicle and specify the hours of permitted parking, based on the individual business's hours of operation. Motion DiVirgilio, second Mayor Fishman. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. MIDYEAR BUDGET REVIEW 2011-12. Memorandum from Finance Director Viki Copeland dated January 24, 2012 City Council Minutes 2-14-12 Page 13380 • • Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To approve the staff recommendation to: 1) Approve the revisions to estimated revenue, appropriations, budget transfers and fund balances as shown in the Revenue Detail Report and Budget Summary; 2) Adopt Resolution No. 12-6785, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING GENERAL FUND COMMITMENT OF FUND BALANCE FOR CONTINGENCY, RETIREMENT RATE STABLIZATION AND CDBG EXCHANGE FUNDS NAD DESIGNATING THE FINANCE DIRECTOR AS THE AUTHORIZED PARTY FOR THE ASSIGNMENT OF FUND BALANCE."; and 3) Authorize the Finance Director to determine and use amounts in the "assigned" category. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. b. RECOMMENDATION OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION CHANGING THE EXISTING CITY REGULATIONS TO ALLOW FOOD TRUCKS IN CERTAIN LOCATIONS. Memorandum from City Manager Stephen Burrell dated February 8, 2012. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Kevin Behrendt — attorney representing the Southern California Mobile Food Vendors Association, said he looked forward to working with the City to develop a permit process; and Claudia Gonzalez — operator of a gourmet food truck, said to make the public aware of her business, she has had a booth at Fiesta Hermosa and contacted local schools and other nonprofit groups about fundraisers, but hoped to have a "brick and mortar" location in the future. Action: To approve the recommendation of the Parks, Recreation and Community Resources Advisory Commission suggesting a simple permit process to allow food trucks in certain areas of the City, and direct staff to return with a plan to implement the recommended changes. Motion Duclos, second Tucker. The motion carried by a unanimous vote. At 9:54 p.m., the order of the agenda went to item 8(a). • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes 2-14-12 Page 13381 110 a. GOALS MEETING — SWITCH TO AN EVENING MEETING. Memorandum from City Manager Stephen Burrell dated February 8, 2012. • City Manager Burrell presented the staff report and responded to Council questions. Action: Council consensus was to schedule a goals meeting on Wednesday, February 29, 2012, at 6:30 p.m. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. CALIFORNIA CANCER RESEARCH ACT — JUNE 2012 BALLOT. Memorandum from City Manager Stephen Burrell dated January 26, 2012. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Sue Pasternak — board member of the Cancer Society and Lung Association, business owner and university professor, encouraged the City Council to support Proposition 29 on the June 5 ballot to place a tax on cigarettes to fund cancer research; and (No names given) — Representatives of the Cancer Society, Heart Association and Lung Association, also urged City Council endorsement; mentioned California cities that have already endorsed Proposition 29; Action: To approve the staff recommendation to adopt Resolution No. 12- 6786, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE CALIFORNIA CANCER RESEARCH ACT." Motion Duclos, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. At 10:04, the order of the agenda went to 4(a), consent calendar items removed for separate discussion. b. APPOINTMENT OF AD HOC CITY COUNCIL COMMITTEE TO REVIEW THE PROPOSALS AND PROVIDE A RECOMMENDATION ON AN EXECUTIVE SEARCH FIRM TO ASSIST IN THE RECRUITMENT OF THE CITY MANAGER POSITION. Memorandum from City Manager Stephen Burrell dated February 9, 2012. City Manager Burrell presented the staff report and responded to Council questions. • Action: To appoint Mayor Fishman and Councilmember Tucker to an ad hoc committee to review the proposals received and make a recommendation on City Council Minutes 2-14-12 Page 13382 • the selection of an executive search firm to perform the recruitment for the City Manager position. Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. An ad hoc committee meeting was scheduled for Thursday, February 16, 2012, at 9:30 a.m. in City Manager Burrell's office. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tem Duclos that the City Council consider forming a Finance Committee composed of two councilmembers and the City Treasurer. Mayor pro tem Duclos spoke to his request, stating that this suggestion came from City Treasurer David Cohn during his campaign. Action: To agendize for a future Council meeting a discussion to consider forming a Finance Committee composed of two Councilmembers and the City Treasurer. Motion Duclos, supported by Mayor Fishman. The motion failed for lack of support by a third Councilmember. ADJOURN TO CLOSED SESSION -The Regular Meeting of the City Council of the III City of Hermosa Beach adjourned on Tuesday, February 14, 2012, at the hour of 10:42 p.m. to a continued closed session. • RECONVENE TO OPEN SESSION - The Closed Session convened on Tuesday, February 14, 2012, at the hour of 10:50 p.m. At the hour of 11:45 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - At the hour of 11:46 p.m., the Regular meeting adjourned to an Adjourned Regular meeting for a Pre -Budget discussion to be held on February 16, 2012, at 7:00 p.m. City Council Minutes puty City Clerk 2-14-12 Page 13383 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Thursday, February 16, 2012, at the hour of 7:08 p.m. • PLEDGE OF ALLEGIANCE — Fire Chief David Lantzer ROLL CALL: Present: Bobko, DiVirgilio, Tucker, Mayor pro tem Duclos, Mayor Fishman Absent: None PUBLIC PARTICIPATION — None POLICY DISCUSSION OF BUDGET PREPARATION FOR THE 2012-13 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENTS BUDGET. THE PURPOSE OF THE DISCUSSION IS TO PROVIDE STAFF WITH BROAD POLICY FRAMEWORK TO PREPARE THE BUDGET; DISCUSSION ITEMS TO INCLUDE REVENUE, ISSUES, EXPENDITURES, PROJECTS, CONSIDERATION OF OPTIONS AND RESERVE LEVELS. City Manager Burrell said this was an important meeting for staff to obtain input from the City Council prior to preparation of the preliminary 2012-13 FY budget. Finance Director Copeland said staff would be very conservative regarding revenue estimates for the upcoming year. City Treasurer Cohn discussed his suggestions to make the City's financial structure during the budget process more understandable to the public, as proposed in an email he sent to Councilmembers, a copy of which he submitted for the record. Council members noted their individual items of interest, including the following: • keep a tight rein on expenses in the upcoming budget; • consider contracting out services, including use of contract engineers; • reduce the City's energy consumption, and keep "green" (carbon neutral efforts) on the table; • place infrastructure improvements (streets, etc.) at the top of the priority list; • eliminate coin-operated parking meters and use only smart meters; • include Library enhancement in the civic center study, and look at funding resources for downtown and civic center planning; • continue working on the revitalization of the Pacific Coast Highway/Aviation corridors, which will increase the City's sales tax; • work on reducing overtime costs, particularly in Police and Fire departments; • consider temporary/seasonal staff, especially in the Police Department, as well as the use of private security guards to control Pier Plaza; and • continue working with employees on defraying salary/benefit costs, given the major pension obligations that the City is facing; City Council Minutes 02-16-12 Page 13384 • • • Finance Director Copeland responded to questions about business revenues, and spoke of an upcoming pilot program on 11th Street, using ten of the single -head meters, to test the use of credit cards. City Treasurer Cohn responded to questions about increasing the City's rate of return with ladder investments, noting his intent to invest in CDs this month, which will double the rate of return for that portion of the portfolio, but said it would take 18 months or more to actually see the difference. Mayor Fishman invited input from department heads. Interim Police Chief Johnson, Fire Chief Lantzer, Community Development Director Robertson, Public Works Director Senteno, and Finance Director Copeland came forward to briefly address current and future issues involving their departments, as anticipated budgetary needs. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 16, 2012, at the hour of 8:42 p.m. to an Adjourned Regular Meeting on Monday, February 27, 2012, at the hour of 9:00 a.m. for a report from the City's actuary regarding the City's pension programs. City Council Minutes 02-16-12 Page 13385 • • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, February 23, 2012, at the hour of 6:04 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BCI72546 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 23, 2012, at the hour of 6:05 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 8:48 p.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 23, 2012, at the hour of 8:49 p.m., to the Adjourned Regular Meeting of February 27, 2012, at 7:00 p.m., for a report by actuary John Bartel regarding the City's pension programs. City Council Minutes 2-23-12 Page 13386 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL III of the City of Hermosa Beach, California, held on Monday, February 27, 2012, at the hour of 9:04 a.m. PLEDGE OF ALLEGIANCE — Easy Reader reporter Robb Fulcher ROLL CALL: Present: Bobko, DiVirgilio, Tucker, Duclos, Mayor Fishman Absent: None PUBLIC PARTICIPATION — None REPORT OF JOHN BARTEL, THE CITY'S ACTUARY, REGARDING THE CITY'S PENSION PROGRAMS. Report entitled CaIPERS and OPEB (Other than pension Post Employment Benefits) from Bartel Associates dated February 27, 2012. Actuary John Bartel presented his report on the City's pension obligations and retiree health plans and responded to Council questions. Action: To receive and file the report. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of IIIHermosa Beach adjourned on Monday, February 27, 2012, at the hour of 10:55 a.m. to the Regular Meeting on Tuesday, February 28, 2012, at 6:00 p.m. • City Council Minutes 02-27-12 Page 13387 • • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 28, 2012, at the hour of 7:30 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: Macpherson v. City of Hermosa Beach BCI72546 ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, February 28, 2012, at the hour of 7:31 a.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 9:35 a.m., the closed session adjourned to the open session of the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 28, 2012, at the hour of 9:36 a.m., to the Regular Meeting of February 28, 2012, at 6:00 p.m. City Clerk City Council Special Meeting Minutes 2-28-12 Page 13388 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 28, 2012, at the hour of 7:05 p.m. PLEDGE OF ALLEGIANCE — Hermosa Beach students Kelly and Morgan ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the closed session scheduled for 6 p.m. will instead take place following this evening's regular meeting. ANNOUNCEMENTS — City Manager Burrell suggested that the February 29, 2012 Goals meeting be rescheduled to a future date to be determined, and such was the consensus of the Council. Councilmember Bobko described the various topics discussed at the recent Independent Cities Association Conference that he attended. PRESENTATIONS • READ ACROSS AMERICA DAY MARCH 2, 2012 • Mayor Fishman read the proclamation designating March 2, 2012 as "Read Across America Day." Jeannine Madden and Hermosa View School Principal Sylvia Gluck, described the program and presented to each participating Councilmember a book to read to the students. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Vicky Garcia — Hermosa Beach Woman's Club president, announced and invited the community to attend the annual Club -sponsored "Adrienne's Search for Children's Cancer Cure" fundraising event, which this year will benefit The Pablove Foundation's Shutterbugs program; Adrienne Slaughter — Hermosa Beach Woman's Club event chair, provided details of the fundraiser, which will take place Saturday, March 3, 2012 at 5 p.m. at the Hermosa Beach Kiwanis Hall, with tickets at $30 per person available at www.womansclubofhermosabeach.org; City Council Minutes 2-28-12 Page 13389 • Laurie Baker — Hermosa Beach Education Foundation, invited the community to attend the annual "Hearts of Hermosa" fundraising event on Saturday, March 24, 2012, at 5:45 p.m., at the Community Center; with tickets available at www.hbef.orq; and Dawn Crawford — Hermosa Beach Education Foundation, described "Hang Ten Club," a cooperative fundraising reward card program organized by the Foundation and local businesses, which provides discounts for patrons and benefits for the schools and businesses. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j). Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:25 p.m., the order of the agenda moved to Municipal Matter item 6(c). (a) RECOMMENDATION TO APPROVE MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 14, 2012. Action: To approve the minutes, as presented, of the Regular meeting held on February 14, 2012. • (b) RECOMMENDATION TO RATIFY CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. • Action: To ratify the check register, and approve the cancellation of certain checks as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and the City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the January 2012 financial reports: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 2-28-12 Page 13390 (e) RECOMMENDATION TO RECEIVE AND FILE REPORT ON MIDYEAR • BUDGET CORRECTION. Memorandum from Finance Director Viki Copeland dated February 15, 2012. (f) (g) • Action: To receive and file report on Midyear Budget Correction. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO (2) NEW HONDA ST1300P POLICE MOTORCYCLES TO REPLACE EXISTING BMW POLICE MOTORCYCLES AND APPROPRIATE $4,000 FROM THE REPLACEMENT FUND TO COVER THE COSTS NOT ALREADY COVERED IN THE REPLACEMENT FUND. THE TOTAL AMOUNT NEEDED TO THIS PURCHASE IS $48,202.68. Memorandum from Interim Police Chief Steve Johnson. Action: To approve the staff recommendation to: (1) Authorize the purchase of two (2) new Honda ST1300P police motorcycles to replace existing BMW police motorcycles; and (2) Appropriate $4,000 from the replacement fund to cover the costs not already covered in the replacement fund. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 7, 2012. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 7, 2012. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 2012. (i) (J) • Action: To receive and file the action minutes of the Planning Commission meeting of February 21, 2012. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated February 22, 2012. Action: To receive and file Status Report of capital improvement projects that are either under design or construction. RECOMMENDATION TO ADOPT THE REVISED ANNUAL STATEMENT OF INVESTMENT POLICY FOR CALENDAR YEAR 2012. Memorandum from City Treasurer David Cohn dated February 23, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6788, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A STATEMENT OF City Council Minutes 2-28-12 Page 13391 • INVESTMENT POLICY AND RESCINDING RESOLUTION NOS. 11-6729 AND 12-6782." • 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar for separate discussion. 5. PUBLIC HEARINGS a. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATIONS FOR A 'NO INTENSIFICATION OF ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS POLICY' INCLUDING GUIDELINES FOR INTERPRETING THE MEANING OF `INTENSIFICATION' AND HOW SUCH POLICY MAY BE EFFECTIVELY APPLIED TO PROPOSED PROJECTS. Memorandum from Community Development Director Ken Robertson dated February 22, 2012. Supplemental letter from Howard Longacre received on February 28, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 8:24 p.m. Coming forward to address the Council on this item were: Ron Newman — Hermosa Beach, said the Council must look at each individual business; said conditional use permits can be confusing and the City should not micro -manage the businesses; Dino Capalidi — owner of Buono Vita restaurant, said the current situation is confusing and business improvements are discouraged, noting that two years ago the Council rejected his offer to trade full alcohol for an earlier closing time; supported a Council policy; and Pete Hoffman — Hermosa Beach, and member of the Planning Commission subcommittee, said since meeting turnout was a problem, they went directly to businesses to get input; said allowing dancing and music were not incentives for closing earlier on weekends, and parking issues were often resolved by the purchase of in -lieu parking. The public hearing closed at 8:36 p.m. Action: To approve the staff recommendation to: 1) Direct staff to return with a resolution that incorporates the Planning Commission's recommendation for a "No Intensification of On -Sale Alcoholic Beverage establishments" policy, with direction that late-night alcohol -serving establishments" is defined as establishments open later City Council Minutes 2-28-12 Page 13392 • • • than 11:00 p.m. and that the policy should apply citywide, and the deletion of #3 of the proposed guidelines; and 2) Direct staff to bring back a future item to discuss negotiating earlier closing times in exchange for parking, cash or in-kind concessions, and possible code amendments. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST IN THE RECRUITMENT OF A NEW CITY MANAGER AND APPROVAL OF CONTRACT WITH TERI BLACK & COMPANY (TBC). Memorandum from subcommittee members, Mayor Fishman and Councilmember Tucker, dated February 22, 2012 Action: To approve a contract for executive search services with the firm of Teri Black & Company (TBC) in the amount of $17,500 plus reimbursable expenses of $5,000-$7,000, as recommended by the Council subcommittee. Motion Bobko, second Duclos. The motion carried by a unanimous vote. b. CHAMBER OF COMMERCE FIESTA BUS ROUTE. Memorandum from Interim Police Chief Steve Johnson dated February 23, 2012. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Maureen Hunt — Hermosa Beach Chamber of Commerce, described the route options discussed and why the one they suggested was the best; said they investigated using smaller buses, but they were cost prohibitive; Jim Lissner— Hermosa Beach, said the City should be more demanding to organizations wanting to hold events, including requiring the use of alternative fuel vehicles; said the diesel generators that Council discussed several times had still not been replaced at the Fiestas; Michael Bell — Bell Services, said state and federal regulations will require cleaner generators and vehicles; said the use of smaller buses for the Fiesta would also impact traffic, since the number of vehicles would increase from eight large buses to 19 smaller ones; and Andrea Jacobsson — Jama Autohaus and Chamber member, said in addition to investigating smaller buses, golf carts had been considered but they did not have the power to move up Pier Avenue and could not maintain a charge long enough to be feasible; said if the Chamber spent more on buses, there would be less funds for local charities and the Christmas decorations they provided in 2011. City Council Minutes 2-28-12 Page 13393 • • • Action: To approve the Chamber of Commerce's proposed bus route option with a turnaround at Pier Avenue and Bayview Drive, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. c. 2012 SPECIAL EVENT APPLICATIONS. Memorandum from City Manager Stephen Burrell dated February 9, 2012. COMMERCIAL EVENTS DATES FEES (EST.) LA Galaxy — Beach Soccer June 30 -July 1 $14,593.00 NON PROFIT EVENTS DATES FEES (EST.) USA Volleyball — High Performance Championships July 16-21 $6,378.00 The Hermosa 24 June 30 -July 1 $695.00 PASS THROUGH DATES FEES (EST.) Sketchers' — Pier to Pier Friendship Walk October 28 $250.00 City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Alex Kucich — Hermosa Beach resident, and representing L.A. Galaxy, described the event and responded to Council questions; Mike Naylor — Hermosa Beach resident, and co -race director with Christian Burke, described the Hermosa 24 event, stating that it would be the same as the previous year except for a slightly different path; and Dave Williams — USA Volleyball, discussed the High Performance Champions event, stating there would be about 300 kids participating, including some from other parts of the state and country. Action: To approve the four (4) requested events, as recommended by the Parks, Recreation and Community Resources Advisory Commission. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 7:47 p.m., the order of the agenda returned to Public Hearing item 5(a). 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL - None City Council Minutes 2-28-12 Page 13394 ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN • CLOSED SESSION AS FOLLOWS: • • CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on February 14, 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) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 28, 2012, at the hour of 9:16 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 9:24 p.m. At the hour of 10:07 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 28, 2012, at the hour of 10:08 p.m. to the Regular Meeting of March 13, 2012, at 6:00 p.m. City Council Minutes ty City Clerk 2-28-12 Page 13395 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 13, 2012, at the hour of 6:02 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on February 23, 2012; b. Closed Session meeting held on February 28, 2012 at 7:30 a.m.; and c. Closed Session meeting held on February 28, 2012 at 9:24 p.m. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 13, 2012, at the hour of 6:03 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:02 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:07 p.m. PLEDGE OF ALLEGIANCE — Sandi Pfister ROLL CALL: • Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None City Council Minutes 3-13-12 Page 13396 CLOSED SESSION REPORT - City Attorney Jenkins said no public comments on the Closed Session agenda had been received and no reportable actions were taken on labor negotiations with employee unions, the only item scheduled for discussion. He said the Macpherson lawsuit settlement of March 2 was announced that day by the Mayor in a phone call to local newspapers and was posted on the City's website. ANNOUNCEMENTS - Mayor Fishman noted City Manager Burrell's retirement on March 29, and invited former Mayor Sam Edgerton to come forward. Mr. Edgerton documented with a video camera a group message of good wishes for City Manager Burrell from the Council, staff and audience and announced a "Going Away Party" on March 29 after the "State of the City" address. Mayor Fishman introduced interim City Manager John Jalili (seated in the audience). Mayor pro tem Duclos spoke of a recent South Bay Council of Governments meeting discussion about a four -city joint Caltrans grant application that could result in the sharing of approximately $240,000 for improvements on Pacific Coast Highway. He also thanked participants in the VIP (Volunteers in Policing) program. Councilmember Tucker asked that the meeting be adjourned in memory of Richard Mobley, born and raised in Hermosa, owner of Mobley's Surf Shop, an inductee last year in the Surfer's Hall of Fame, who encouraged many young surfers. Councilmember Bobko reminded everyone to attend the St. Patrick's Day Parade at 11 a.m. Saturday, March 17, on Pier Avenue and the Education Foundation's "Hearts of Hermosa" fundraiser Saturday, March 24, at the Community Center. City Manager Burrell suggested that agenda item 6(a) be continued to the next City Council meeting when the business owners most directly affected would be able to attend. By consensus of the Council, the item was continued to March 27, 2012. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: David Cohn - City Treasurer, thanked City Manager Burrell for his municipal finance mentoring; said the $17.5 million settlement amount would be manageable if voters uphold the oil drilling ban; Sandi Pfister - Leadership Hermosa, came forward with other members of the group to present a plaque to City Manager Burrell thanking him for his assistance over the years; Scott Franz - Hermosa Beach, opposed the Macpherson Oil settlement and said it was legal issue, not a voter issue; said in line with the ongoing emphasis on health, safety and environmental issues, the City should have continued the court battle to maintain the ban on oil drilling; City Council Minutes 3-13-12 Page 13397 • • • Barbara Ellman - Hermosa Beach, said she contacted an oil inspector with the City of Huntington Beach to ask about their negative experiences with slant drilling; asked if the Council had ever consulted with that city; Jeff Cohn - Hermosa Beach, expressed concern about health and safety issues associated with oil drilling and the site's proximity to parks; said additional information was available at www.noBPinHB.com; Barbara Guild - Hermosa Beach, gave a history of the City's oil drilling ban; expressed concerns about drilling, but was grateful that the lawsuit was no longer a burden to the City; Julian Katz - Hermosa Beach, reported on the progress of the Bicycle Master Plan; suggested a City ordinance regarding abandoned bicycles to give the Police Department clear direction in dealing with this issue; Janice Yates - Hermosa Beach, Marineland Mobilehome Park, thanked City Manager Burrell for his support and assistance over the years; Hanv Fangary - Hermosa Beach, thanked City Manager Burrell for his hard work; said more information was needed about the Macpherson settlement agreement, e.g. how much money will go to schools and when; said drilling would have a negative impact on property values; Kevin Sousa - Hermosa Beach, said he believed the outcome would have been better with a jury trial and was opposed to oil drilling, especially at a site so close to schools, parks and the Greenbelt; Michael Keegan - Hermosa Beach, said he had enjoyed working with City Manager Burrell; discussed issues not referenced in the Macpherson settlement agreement such as trucks hauling oil through the City due to the long process to install a pipeline; James Mitchell - Hermosa Beach, said he was a third generation oilman in Oklahoma and still had oil interests there; offered his experience in clarifying issues for both the City Council and residents; and Sam Pena - Consolidated Disposal, said his company wanted to sponsor a "Shred Day" with free shredding for the public and asked the procedure (City Manager Burrell said the City could provide a public space or the company could locate a privately -owned site for the event, but the matter did not need to be agendized for Council discussion). 2. CONSENT CALENDAR: (a) Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) and (h) Tucker. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on February 16, 2012; 2) Special meeting held on February 23, 2012; 3) Adjourned Regular meeting held on February 27, 2012; 4) Special meeting held on February 28, 2012; and 5) Regular meeting held on February 28, 2012. City Council Minutes 3-13-12 Page 13398 Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of February 16, 2012, the Special meeting of February 23, 2012, the Adjourned Regular meeting of February 27, 2012, the Special meeting of February 28, 2012, and the Regular meeting of February 28, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives. Action: To receive and file the Tentative Future Agenda Items; and City Council Directives. (d) RECOMMENDATION TO ACCEPT DONATION OF $1,602.50 FROM THE HERMOSA BEACH HISTORICAL SOCIETY TO BE USED FOR THE SURFERS' WALK OF FAME. Memorandum from Finance Director Viki Copeland dated March 5, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation of $1,602.50 from the Hermosa Beach Historical Society to be used for the Surfers' Walk of Fame. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (e) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated March 6, 2012. (f) Action: To receive and file report of Customer Service Surveys/Complaints. RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING A "NO INTENSIFICATION OF ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS" POLICY. Memorandum from Community Development Director Ken Robertson dated March 6, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6789, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING NO INTENSIFICATION OF LATE-NIGHT ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS." City Council Minutes 3-13-12 Page 13399 • • (9) RECOMMENDATION TO AUTHORIZE A CONTRACT TO PROVIDE PROFESSIONAL SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT WITH J.H. DOUGLAS & ASSOCIATES IN THE AMOUNT OF $28,193; DIRECT THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND AUTHORIZE AN APPROPRIATION OF $28,193 FROM THE GENERAL PLAN MAINTENANCE FEES RESTRICTED BALANCE OF THE GENERAL FUND. Memorandum from Community Development Director Ken Robertson dated March 6, 2012. Action: To approve the staff recommendation to: 1) Authorize a contract to provide professional services to update the General Plan Housing Element with J.H. Douglas & Associates in the amount of $28,193; 2) Direct the City Manager to execute said agreement; and 3) Authorize an appropriation of $28,193 from the General Plan Maintenance fees restricted balance of the General Fund. (h) RECOMMENDATION TO SOLICIT "PROPOSALS FOR INTEGRATED WASTE MANAGEMENT SERVICES" VIA A COMPETITIVE BID PROCESS AND RETURN WITH A COMPARISON OF PROPOSALS AND RECOMMENDATION. Memorandum from Community Development Director Ken Robertson and Public Works Director Frank Senteno dated March 5, 2012. (i) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Lisa Keating from HF&H Consultants, City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to solicit "Proposals for Integrated Waste Management Services" via a competitive bid process and return with a comparison of proposals and recommendation. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE AGREEMENT WHICH PROVIDES THAT JOHN JALILI WILL SERVE AS THE CITY'S INTERIM CITY MANAGER WHILE THE COUNCIL RECRUITS FOR A NEW CITY MANAGER OR UNTIL THE COUNCIL OTHERWISE TERMINATES THE AGREEMENT. Memorandum from City Attorney Michael Jenkins dated March 8, 2012. Action: To approve an agreement which provides that John Jalili will serve as the City's Interim City Manager while the Council recruits for a new city manager or until the Council otherwise terminates the agreement. • (j) RECOMMENDATION TO APPROVE, UNDER MUNICIPAL CODE SECTION 10.32.180, THE OPERATION OF MOBILE FOOD TRUCKS FROM 5:00 City Council Minutes 3-13-12 Page 13400 • • P.M. TO 9:00 P.M. ON MARCH 16, 2012, AND MARCH 23, 2012, AS PART OF THE CHURCH OF CHRIST FUNDRAISING EVENT. Memorandum from City Manager Stephen Burrell dated March 8, 2012. Action: To approve under Code Section 10.32.180 the operation of mobile food trucks from 5:00 p.m. to 9:00 p.m... March 16, 2012, and March 23, 2012, as part of the Church of Christ fundraising event, as recommended by staff. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 23, 2012. (I) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 23, 2012. RECOMMENDATION TO ADOPT A RESOLUTION PROVIDING FOR A TEMPORARY INCREASE IN THE SALARY OF THE CITY CLERK FROM APRIL 1, 2012 AND CONTINUING UNTIL THE APPOINTMENT OF A NEW DEPUTY CITY CLERK. Memorandum from City Manager Stephen Burrell dated March 8, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6790, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK." 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(d) and (h) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. PILOT PROGRAM FOR LOTS A AND B TRASH ENCLOSURES — UPDATE. Memorandum from Public Works Director Frank Senteno dated March 5, 2012. • Action: It was the consensus of the City Council to continue this item to the next Council meeting of March 27, 2012, to accommodate the businesses City Council Minutes 3-13-12 Page 13401 participating in the program who were unavailable this evening, as recommended by the City Manager. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. HELPING HANDS 2012 — SERVING OUR COMMUNITIES — APRIL 28, 2012 AND KELLER WILLIAMS BEACH CITIES — MAY 10, 2012. Memorandum from City Manager Stephen Burrell dated March 8, 2012. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the City's participation in both community efforts, as recommended by staff. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL a. APPOINTMENT OF AD HOC SUBCOMMITTEE OF THE CITY COUNCIL TO WORK WITH THE CITY'S PUBLIC INFORMATION FIRM, FIONA HUTTON & ASSOCIATES, TO PROVIDE PUBLIC INFORMATION ON THE MACPHERSON OIL COMPANY SETTLEMENT. Memorandum from City Manager Stephen Burrell dated March 8, 2012. Supplemental letter from Howard Longacre received March 13, 2012. City Manager Burrell presented the staff report and responded to Council questions. Proposed Action: To appoint Mayor pro tern Duclos and Councilmember DiVirgilio to the proposed ad hoc subcommittee. Motion Bobko, second Tucker. Councilmember Bobko withdrew his motion Action: To appoint the Mayor and Mayor pro tem to an ad hoc subcommittee to work with the City's public information firm, Fiona Hutton & Associates, to provide information on the Macpherson Oil settlement, with the subcommittee members changing as the Mayor and Mayor pro tem positions rotate. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Richard Mobley, on Tuesday, March 13, 2012, at the hour of 8:29 p.m. to an Adjourned Regular meeting to be held on March 27, 2012, at 6:00 p.m. r eputy City Cle City cil tes 3-13-12 Page 13402 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, March 27, 2012, at the hour of 6:02 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held March 13, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations:Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: Sines v. Hermosa Beach Case Number: BS131311 b) Name of Case: Webb v. Hermosa Beach Case Number: YC064411 • Anticipated Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 City Council Minutes 3-27-12 Page 13403 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 27, 2012, at the hour of 6:03 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:02 p.m. PLEDGE OF ALLEGIANCE — City Manager Stephen Burrell ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said there had been no public comments, the Council discussed the items listed on the agenda and was advised of a successful result in the Sines case, with the granting of a motion for summary judgment ending that case with a victory for the City, noting no reportable actions on the other closed session agenda items. ANNOUNCEMENTS — Councilmember DiVirgilio announced two electric vehicle charging stations in the main City Hall parking lot, noting that stations eventually would be in other locations as well, such as Upper Pier Avenue. Councilmember Tucker noted seven new unmetered parking spaces on 11th Place; and announced the Los Angeles County Sanitation District open house in Whittier on Earth Day, April 14, 2012, with event information available at www.lacsd.orq. Councilmember Duclos discussed sessions he attended at the Local Government Commission's annual conference March 16-18, 2012, presented a pamphlet on the Ahwahnee Principles for resource -efficient communities, with more information available at www.lqc.org. He spoke of the recent passing of resident Steve Powers, a 2011 Council candidate, and Larry Stevenson, who popularized skateboards in the 1960s with his Surf Guide publication and Makaha skateboards, sponsor of the first skateboard competition in 1963 at Pier Avenue Junior High School in Hermosa. Councilmember Bobko thanked the Chamber of Commerce for the St Patrick's Day parade (delayed a week due to rain) that took place the morning of March 24, 2012; commended the Hermosa Beach Education Foundation for its successful fundraiser held later that day in a big tent at the Community Center — the annual "Hearts of Hermosa" event; and spoke of the Air Force Academy's loss at the 2012 NCAA Ice Hockey Tournament at Boston College, noting that Air Force goaltender Jason Torf, who successfully blocked 32 of 34 shots, is from Hermosa Beach. Mayor Fishman announced Hermosa Beach Shred Day on Saturday, April 28, 2012, 10 a.m. to 1 p.m., at City Hall, thanked Consolidated Disposal for sponsoring the free event and for providing the City Manager's retirement cake to be served during recess; said the 2012 Wyland Challenge for Water Conservation will take place City Council Minutes 3-27-12 Page 13404 • • March 30 to April 30, noted that Hermosa is the defending champion, urged residents to make their online pledges to reduce water and energy usage, noting the hundreds of prizes available to participants in winning cities, including a Toyota Plus Hybrid; said tonight's meeting would be adjourned in memory of Steve Powers. PRESENTATIONS Mayor Fishman announced that this was the last Council meeting for City Manager Burrell, whose last day is Thursday, March 29, 2012, and invited forward those who wished to make a presentation or simply wish him well in his upcoming retirement. Coming forward at this time were: Bobbie Buescher - representing Assemblyperson Betsy Butler, presented a commendation to City Manager Burrell, citing some of his numerous accomplishments and thanking him for 18 years of service to the city; Veronica Zenseias - representing Senator Ted Lieu, presented a certificate of commendation to City Manager Burrell, congratulating him on his retirement and thanking him for outstanding service; Natalie Rodgers - representing Congresswoman Janice Hahn, presented a commendation honoring City Manager Burrell for his 18 years of service to the city; Rick Koenig - Hermosa Beach Historical Society, thanked City Manager Burrell for his years of service, saying he would be truly missed; Dencv Nelson - Hermosa Beach, thanked City Manager Burrell on behalf of the City's former Green Building Committee for his support with every green effort that evolved from the "Cool City" initiative; presented him with a "solar oven" for his outdoor barbeques; Phil Friedl - former chair of the Green Task Force, thanked City Manager Burrell for his support and years of service; said he would be missed; Lisa Ryder Moore - former Green Task Force member, said City Manager Burrell was always accessible and great to work with; Robert Fortunato - Hermosa Beach, owner/builder of a carbon -neutral, net zero energy "green idea" home; said the project could not have been accomplished without the guidance of City Manager Burrell; and Sam Perrotti - Hermosa Beach, offered best wishes to City Manager Burrell and thanked him for his guidance getting Art Walk off the ground. Mayor pro tem Duclos said the Council had tickets for City Manager Burrell to attend two Angel home games (Kansas City Royals and Oakland A's), and presented him with a Dodger cap to wear to those games. Councilmembers Bobko and DiVirgilio presented City Manager Burrell with facsimile Angel tickets and shared personal stories exemplifying his accessibility, optimism, accomplishments, and words of wisdom. 4111 Councilmember Tucker shared his personal stories exemplifying how much City Manager cared about the community, citing his friendliness, enthusiasm and energy; City Council Minutes 3-27-12 Page 13405 said he hoped to maintain their friendship and presented him with Council's gift of a • Kindle Fire to accommodate his love of reading. Mayor Fishman thanked City Manager Burrell for his 18 years of excellent service, citing his ability to manage and work with so many people, and presented him with a City plaque and a certificate of commendation. City Manager Burrell spoke of how much he had enjoyed his time serving the community and thanked everyone for their gifts and kind words. Mayor Fishman then announced the March 29, 2012 retirement of Deputy City Clerk Jackie Nelsen, presented her with a City plaque and flowers, and thanked her for her years of service. City Clerk Doerfling expressed best wishes to City Manager Burrell in his retirement and thanked Deputy City Clerk Nelsen for her excellent work during nearly ten years of service, adding that both retirees would be greatly missed. The meeting recessed at 8:05 p.m. The meeting reconvened at 8:23 p.m. PUBLIC PARTICIPATION: • 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Stephanie Bell and Heather Meuqniot — Hermosa Education Foundation, noted the success of the Hearts of Hermosa fundraising event held this year on March 17 and thanked everyone for their support; Max Reilly — Hermosa Beach, spoke with seven other students about harmful effects of polystyrene usage and their support of a ban; Mario Alvarez — Hermosa Beach, presented a video of a previous Council meeting related to his complaints about his neighboring property; and Jeff Cohn — Hermosa Beach, questioned the legality of the Macpherson oil lawsuit settlement agreement. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Tucker, (g) and (j) Duclos. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. • At 8:40 p.m., the order of the agenda moved to public hearing item 5(a). City Council Minutes 3-27-12 Page 13406 (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR • MEETING OF THE CITY COUNCIL HELD ON MARCH 13, 2012. • • Action: To approve the minutes of the regular meeting of the City Council held on March 13, 2012, as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register and to approve the cancellation of certain checks as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the February 2012 financial reports. (e) RECOMMENDATION TO ACCEPT THE DONATION OF $500 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE HERMOSA BEACH SENIOR CENTER. Memorandum from Finance Director Viki Copeland dated March 19, 2012. (f) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donation: - $500 from the Woman's Club of Hermosa Beach to be used for the Hermosa Beach Senior Center. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS TO PURCHASE UPGRADES TO IN -CAR CAMERA SYSTEM, TASERS, AND TRAFFIC EDUCATION AND ENFORCEMENT EQUIPMENT IN THE AMOUNT OF $51,124.93. Memorandum from Interim Police Chief Steve Johnson dated March 6, 2012. City Council Minutes 3-27-12 Page 13407 • • (g) Action: To authorize the appropriation of COPS funds to purchase upgrades to in -car camera system, Tasers, and traffic education and enforcement equipment in the amount of $51,124.93, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated March 19, 2012. This item was removed from the consent calendar by Mayor pro tem Duclos for separate discussion later in the meeting. Action: To receive and file Project Status Report, with a request that next month staff provide an oral report and update on the projects. Motion Duclos, second Tucker. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE AN AGREEMENT WITH PROJECT PARTNERS OF LAGUNA HILLS, CA TO PERFORM CIP PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS ON AN INTERIM BASIS, TO A NOT -TO -EXCEED AMOUNT OF $62,410. Memorandum from Public Works Director Frank Senteno dated March 20, 2012. (i) (i) Action: To approve, as recommended by staff, an agreement with Project Partners of Laguna Hills, CA to perform CIP project management services for various Capital Improvement Projects on an interim basis, to a not -to -exceed amount of $62,410. RECOMMENDATION TO APPROVE BID SUBMITTED BY ADAMSON POLICE PRODUCTS TO PURCHASE POLICE BODY ARMOR FOR THE POLICE DEPARTMENT OF $9,524.54. Memorandum from Interim Police Chief Steve Johnson dated March 8, 2012. Action: To approve bid submitted by Adamson Police Products to purchase police body armor for the Police Department of $9,524.54, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE NOTICE OF INTENT TO MODIFY CONDITIONS ON THE HOURS FOR SALES, SERVICE AND CONSUMPTION OF BEER AND WINE AT 1040 HERMOSA AVENUE ("UMAMI BURGER"). Memorandum from Community Development Director Ken Robertson dated March 20, 2012. Supplemental information from staff received on March 27, 2012. This item was removed from the consent calendar by Mayor pro tem Duclos IIIfor separate discussion later in the meeting. City Council Minutes 3-27-12 Page 13408 • Action: To receive and file report regarding the State Department of Alcoholic Beverage Control (ABC) license notice of intent to modify conditions on the hours for sales, service and consumption of beer and wine at 1040 Hermosa Avenue ("Umami Burger"), as recommended by staff. Motion Duclos, second Tucker. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 20, 2012. (I) (m) Action: To receive and file the action minutes of the Planning Commission meeting of March 20, 2012. RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 2012-2013. Memorandum from Public Works Director Frank Senteno dated March 20, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6791, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2012, AND ENDING JUNE 30, 2012." RECOMMENDATION TO CALENDAR THE FOLLOWING REVISED DATES FOR THE 2012-13 BUDGET: BUDGET/CIP WORKSHOP - MONDAY, JUNE 11, 2012, 7 P.M. AND BUDGET ADOPTION - TUESDAY, JUNE 26, 2012, 7 P.M. Memorandum from Finance Director Viki Copeland dated March 21, 2012. Action: To approve the staff recommendation to calendar the following revised meeting dates for the 2012-13 Budget: Budget/CIP Workshop Monday, June 11, 2012, 7 p.m. Budget Adoption Tuesday, June 26, 2012, 7 p.m. (n) RECOMMENDATION TO APPROVE ENGAGEMENT LETTER WITH DISCOVERY ECONOMICS FOR INDEPENDENT ECONOMIC PENSION LIABILITY REVIEW IN AN AMOUNT NOT TO EXCEED $15,000 AND APPROVE APPROPRIATION FROM PROSPECTIVE EXPENDITURES. Memorandum from City Manager Stephen Burrell dated March 21, 2012. City Council Minutes 3-27-12 Page 13409 • Action: To approve the staff recommendation to: (1) Approve the engagement letter with Discovery Economics for Independent Economic Pension Liability Review in an amount not to exceed $15,000; and (2) Approve appropriation from Prospective Expenditures. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (g) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 11 p.m., the order of the agenda moved to item 8(a). 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO BAN POLYSTYRENE FOOD SERVICE WARE AND ASSOCIATED AMENDMENTS FOR CONSISTENCY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Ken Robertson dated March 20, 2012. Supplemental letters from Californians Against Waste, Heal the Bay, American Chemistry Council and California Grocers Association received on March 27, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 9:15 p.m. Coming forward to address the Council on this item were: Craig Cadwallader — Surfrider Foundation, discussed the health and environmental dangers of polystyrene; supported a ban; Jeff Cohn — Hermosa Beach, noted that the product contained oil; Emily (no last name given) — Hermosa Beach, said she was currently studying environmental science at USC and had traveled to third -world countries; said as stewards of the environment, imposing a ban is the right thing to do; Man (no name given) — spoke in support of the ban, noting that none of the local restaurant owners had come to the meeting to object to it; Phil Friedl — former member of the Green Task Force that recommended this ban, said the group spent two years conducting research on the issue City Council Minutes 3-27-12 Page 13410 • • and spoke with businesses during numerous meetings; said restaurant owners accepted the ban; said environmental laws protect the citizens and are as important as other laws; urged adoption of the ban; Dency Nelson - Hermosa Beach, spoke in favor of the proposed ban; Tara (Sheehy) - Restaurant Association, said the proposed ban includes clear polystyrene containers that are currently used in grocery stores, which would put local grocers at a competitive disadvantage; and Dale Peterson - Hermosa Beach, former Green Task Force member, spoke in support of the polystyrene ban. The public hearing closed at 9:32 p.m. Action: To approve the staff recommendation to: (1) Waive full reading and introduce Ordinance No. 12-1332, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.64 TO THE HERMOSA BEACH MUNICIPAL CODE TO BAN POLYSTYRENE FOOD SERVICE WARE AND AMENDING CHAPTER 1.10 TO MAKE VIOLATIONS OF CHAPTER 8.64 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES." (2) Adopt Resolution No. 12-6792, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE HERMOSA BEACH MUNICIPAL CODE TO BAN POLYSTURENE FOOD SERVICE WARE." Motion Duclos, second Tucker. The motion carried, noting the dissenting votes by Bobko and DiVirgilio. b. CONSIDERATION OF A RESOLUTION APPROVING CERTIFICATE OF APPROPRIATENESS FOR TENANT IMPROVEMENT TO BIJOU BUILDING, A HISTORICAL LANDMARK ("CHASE BANK", FORMERLY COLD STONE CREAMERY AND GALLERY C), AT 1221-1225 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated March 19, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 10:01 p.m. Coming forward to address the Council on this item were: Bob Superneau - project representative, said he agreed with the conditions of the agreement; responded to questions; and Kari Walker- Hermosa Beach, suggested putting all of the ATMs in the bank lobby for safety reasons. . The public hearing closed at 10:06 p.m. City Council Minutes 3-27-12 Page 13411 • Action: To approve the staff recommendation to adopt Resolution No. 12- 6793, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CERTIFICATE OF APPROPRIATENESS FOR AN ALTERATION TO THE BIJOU BUILDING, A DESIGNATED HISTORIC LANDMARK, TO ACCOMMODATE CHASE BANK, FORMERLY COLDSTONE AND GALLERY C, LOCATED AT 1221- 1225 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 14-18, BLOCK 13, HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. MARINELAND MOBILEHOME PARK - REQUEST FOR AMENDMENT TO PRE -DEVELOPMENT LOAN AGREEMENT AS PART OF THE RESIDENT PURCHASE OF THE PARK. Memorandum from City Manager Stephen Burrell dated March 22, 2012. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Janice Yates - Marineland Community Association president, reviewed the background and the current status of the proposed conversion; spoke in support of the requested amendment; Sue Loftin - attorney, said the association was a 501(c)(3) nonprofit limited equity housing cooperative, which must meet federal requirements for low- and moderate -income housing; said when the transaction is done, residents will own the park and operate it similarly to a homeowners' association, with federal and state oversight and annual reporting; and Pat Love - Hermosa Beach, requested that the Council postpone action until financial statements concerning the disbursement of the funds that to date have been advanced by the City. Action: To continue the requested amendment for an additional $40,000 from the Low/Moderate Housing Fund (for a total allocation of $110,000), with direction that the Association present a document re -expressing their intent. Motion Duclos, second Tucker. The motion carried by a unanimous vote. At 10:55 p.m., the order of the agenda moved to item 4. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CONSIDERATION OF SUPPORT FOR HR 2677 - LOS ANGELES HELICOPTER NOISE RELIEF ACT OF 2011. Memorandum from City Manager Stephen Burrell dated March 21, 2012. City Council Minutes 3-27-12 Page 13412 • City Manager Burrell presented the staff report and responded to Council questions. Action: To support HR 2677, the Los Angeles Helicopter Noise Relief Act of 2011 Motion Tucker, second Duclos. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bobko that staff return with a proposal for on-going legislative advocacy services from Rice/Englander & Associates. Councilmember Bobko spoke to his item. Action: To direct staff to present at a future meeting a revised proposal for on-going legislative advocacy services from Rice/Englander & Associates. Motion Bobko, supported by Tucker and DiVirgilio. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Steve Powers, on Tuesday, March 27, 2012, at the hour of 11:03 p.m. to an Adjourned Regular meeting to be held on April 10, 2012, at • 8:00 a.m. for purposes of conducting a closed session, to be followed by the regular meeting on that date at 7:00 p.m. r City Council Minutes 3-27-12 Page 13413 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Tuesday, April 10, 2012, at the hour of 8:01 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: Closed Session meeting held March 27, 2012. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: John Jalili, Richard Kreisler, Jeff Freedman Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 10, 2012, at the hour of 8:02 a.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 9:15 a.m., the Closed Session adjourned to the Adjourned Regular Meeting, which was called to order at 9:16 a.m. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 10, 2012, at the hour of 9:16 a.m. to the Regular Meeting of April 10, 2012, at 7:00 p.m. City Council Minutes 04-10-12 Page 13414 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held Tuesday, April 10, 2012, at the hour of 7:04 p.m. • • PLEDGE OF ALLEGIANCE — Interim City Manager John Jalili ROLL CALL: Present: Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported on this morning's closed session on labor negotiations, noting there had been no public comments, no additions to the agenda, and no reportable actions. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from City Clerk Elaine Doerling dated March 31, 2012. (Some of the items below were taken out of order but are shown in order for clarity.) A. Designate Mayor for a term ending January 22, 2013. Action: To appoint Mayor Pro Tempore Duclos to be Mayor for a term ending January 22, 2013. Motion Mayor Fishman, second DiVirgilio. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending January 22, 2013. Action: To appoint Councilmember Bobko to be Mayor Pro Tempore for a term ending January 22, 2013. Motion Fishman, second Tucker. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. (This item was considered after item 8(a), but is shown in order for clarity.) Action: To appoint Mayor Duclos to the Los Angeles County City Selection Committee; and to appoint Mayor Duclos as delegate and Councilmember Tucker to the Los Angeles County Sanitation District Board of Directors. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. Further Action: To approve the remaining Council committee assignments without changes, noting that the City Clerk will present for adoption, as a consent calendar item on the April 24, 2012 agenda, resolutions updating the alternate representatives for the Independent Cities Lease Finance Authority (ICLFA) to reflect the new City Treasurer, and the Independent Cities Risk Management Association (ICRMA) to reflect the Interim City Manager. Motion Bobko, second Fishman. The motion carried by a unanimous vote. City Council Minutes 04-10-12 Page 13415 110 OUTGOING COMMENTS BY MAYOR FISHMAN — Outgoing Mayor Fishman said serving as mayor had been an honor and a labor of love; thanked his colleagues and spoke of some of the major accomplishments during his mayoral term, including the Macpherson lawsuit settlement, downtown trash enclosures, the smoking ban, and bike master plan; also noted the positive revenue trend with midyear budget review. (These comments were made before the Mayor/Mayor Pro Tempore appointments.) PRESENTATION OF PLAQUE TO OUTGOING MAYOR BY MAYOR DUCLOS — Mayor Duclos presented a plaque of appreciation to outgoing Mayor Fishman, saying he was inspired by his leadership and grateful for the achievements made during his tenure, especially those that improve the health of the community and further protect the environment, adding that one of his goals as mayor would be to build on those achievements to ensure a better future for Hermosa's young people. INCOMING COMMENTS BY MAYOR DUCLOS — Mayor Duclos thanked family and friends for their support and the community for the opportunity to serve as mayor; spoke of the challenges ahead and what he hoped to achieve during his tenure, noting his desire to explore the idea of constructing one or more pedestrian bridges over Pacific Coast Highway, using federal and state funding, to physically connect the divided city and make it safer for children and adults to cross the busy highway. PRESENTATIONS TO OUTGOING MAYOR FISHMAN AND INCOMING MAYOR • DUCLOS BY REPRESENTATIVES OF OTHER GOVERNMENTAL AGENCIES • Mayor Pro Tempore Wayne Powell, City of Manhattan Beach, presented a plaque of appreciation to outgoing Mayor Fishman for his exemplary service as mayor, and a certificate congratulating Mayor Duclos on his installation this evening as mayor. Stephanie Romero, Assemblywoman Betsy Butler, presented a certificate to outgoing Mayor Fishman commending him for his accomplishments, and a framed resolution to Mayor Duclos congratulating him as he assumes the role of mayor. COMMENTS FROM COUNCILMEMBERS — Councilmember Tucker expressed his appreciation to outgoing Mayor Fishman for his leadership and accomplishments, including streamlining Council meetings. He praised Mayor Duclos for his advocacy of the environment and his support of ecologically friendly projects. Councilmember Bobko said he admired outgoing Mayor Fishman for his hard work as mayor, his respect for the office, and always doing what he felt was best for the City. He said he looked forward to working with Mayor Duclos who he knew would also carry the office with dignity and respect. Councilmember DiVirgilio said he appreciated outgoing Mayor Fishman's municipal and risk management experience, especially in closed sessions, and his enthusiasm and cheerfulness. He commended Mayor Duclos for his enthusiasm for carbon - neutrality and said he looked forward to supporting him in his leadership role. City Council Minutes 04-10-12 Page 13416 (Certificates were given at this time to the winning students of South Park "Design • Your Dream Playground," but the item remains under Presentations for clarity.) Mayor Duclos announced that the cupcakes in the courtyard had been donated by Frosted Cupcakery, a business opening soon in Hermosa Beach, and the nuts and other healthy snacks had been donated by the Beach Cities Health District and Blue Zones Community Project. The meeting recesses at 7:55 p.m. The meeting reconvened at 8:15 p.m. ANNOUNCEMENTS — Councilmember Fishman said the 2012 Wyland Challenge for Water Conservation ends April 30, noting that this year it is a national contest, divided into three categories based on the size of the cities, and urged Hermosa residents to enter online at www.mywaterpledge.com. Councilmember DiVirgilio said Los Angeles County announced yesterday the annual countywide Green Leadership Award winners, and the Fortunato family of Hermosa Beach received the Residential Award for their Green Idea House, adding that the recipient of the Nonprofit Award was the Environmental Charter High School in Lawndale, which is run by several Hermosa Beach residents. Mayor Duclos said the first Hermosa Beach Shred Day, free to residents, would take • place from 10 a.m. to 1 p.m. Saturday, April 28, 2012, in the City Hall parking lot. • PRESENTATIONS CERTIFICATES OF RECOGNITION TO WINNERS OF SOUTH PARK "DESIGN YOUR DREAM PLAYGROUND" (This item was handled prior to the recess so the students would not be kept late.) Mayor Duclos announced the names of the winning Hermosa View and Valley students and called them forward to accept their certificates. He also presented them with City pins. South Park Design Team members Beth Rohrer and Jessica Guheen also made presentations to the winning students. PRESENTATION BY CAROL KWAN, DIVISION 111 DIRECTOR OF WEST BASIN WATER DISTRICT, TO SELECTED HERMOSA BEACH BUSINESSES AND THE CITY OF HERMOSA BEACH — PIER PROJECT FOR DEMONSTRATING THEIR DEDICATION TO ENVIRONMENTALLY SOUND BUSINESS PRACTICES AND THEIR EFFORTS TO USE WATER MORE EFFICIENTLY City Council Minutes 04-10-12 Page 13417 • Carol Kwan presented certificates of appreciation to the City of Hermosa Beach and the Hermosa Car Wash for their commitment to water -efficient and environmentally - sound business practices. Certificates for Easy Reader and Becker's Surfboards will be forwarded to them since their representatives were not present this evening. CERTIFICATE OF COMMENDATION TO JEFF GOTTLIEB, HERMOSA BEACH RESIDENT, WHO WAS AWARDED A PULITZER PRIZE FOR PUBLIC SERVICE (THE HIGHEST HONOR IN JOURNALISM) FOR THE IN-DEPTH LOS ANGELES TIMES STORY ON CITY OF BELL SALARIES Mayor Duclos presented a commendation to Hermosa Beach resident Jeff Gottlieb, one of two Los Angeles Times reporters awarded a Pulitzer Prize for Public Service for their in-depth story revealing the unusually large salaries received by Bell city officials, and congratulated him for his excellence in journalism. Jeff Gottlieb thanked everyone and expressed his appreciation for the recognition. CERTIFICATE OF RECOGNITION TO MARY SUE RAMEY, WEBMASTER FOR THE HERMOSA BEACH NEIGHBORHOOD WATCH PROGRAM, FOR HER COMMUNITY SERVICE AND VOLUNTEER SPIRIT Mayor Duclos read the certificate acknowledging the fine work done over the past six years by Mary Sue Ramey as webmaster for the Hermosa Beach Neighborhood Watch Program and commending her for her community service and volunteer spirit. Hermosa Beach Neighborhood Watch co-founder Kelly Kovac -Reedy accepted the certificate and expressed her appreciation to the City for acknowledging Ms. Ramey, a resident of Colorado Springs, Colorado, for designing and maintaining the group's website free of charge since its inception six years ago. Emergency Preparedness Advisory Commissioner Tracy Hopkins announced that the Commission is conducting an online disaster preparedness survey on the Neighborhood Watch website at www.saferhermosabeach.com . PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward to address the Council at this time were: Mario Alvarez — Hermosa Beach, presented a video clip from a previous Council meeting relating to problems with his neighboring business; Jessica Guheen — representing the South Park Design Team, presented an update on the project and the natural playground equipment, noting that their 28 -member committee had been meeting since November; City Council Minutes 04-10-12 Page 13418 • Jeff Cohn — Hermosa Beach, expressed concerns about management neglect with regard to past oil spills; asked that the EIR (Environmental Impact Report) be a public process so residents know who is doing the work; Mike Binder — Hermosa Beach, expressed concerns about having an oil derrick near his home; said he could not understand why oil drilling would even be considered in such a "green" city; Dency Nelson — Hermosa Beach, congratulated Robert Fortunato on his award for his Green Idea House; said Mr. Fortunato would be speaking tomorrow at the Kiwanis Club luncheon meeting; and Mannie Serano — Hermosa Beach, said he was pleased that the Macpherson lawsuit had been settled, and that he looked forward to an educational campaign regarding oil drilling. 2. CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (h) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(c) Tucker. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 27, 2012. IIIAction: To approve as presented the minutes of the Regular meeting of the City Council held on March 27, 2012. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 66220 THROUGH 66364, AND NO. 9256929. Action: To ratify the check register.as presented. (c) Recommendation to receive and file: 1) Tentative Future Agenda Items; and 2) City Council Directives This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Interim City Manager Jalili responded to Council questions regarding the need to (1) schedule a goals session prior to the budget workshop and (2) include under future agenda items the taxi contract, which expires in June. Action: To receive and file the Tentative Future Agenda Items and City Council Directives. Motion Tucker, second Fishman. The motion carried by a unanimous vote. (d) RECOMMENDATION TO AUTHORIZE APPROPRIATION OF COPS FUNDS AND REPLACEMENT FUNDS TO PURCHASE NEW MOBILE City Council Minutes 04-10-12 Page 13419 • DIGITAL COMPUTERS ALONG WITH MAPPING SOFTWARE AND SPRINT WIRELESS MODEMS AND CELLULAR SERVICE IN THE AMOUNT OF $92,894.91; $48,886.91 IS REQUESTED FROM COPS FUND AND $50,208 FROM THE REPLACEMENT FUND. Memorandum from Interim Police Chief Steve Johnson dated March 30, 2012. Action: To authorize appropriation of COPS funds and replacement funds to purchase new mobile digital computers along with mapping software and Sprint wireless modems and cellular service in the amount of $92,894.91; $48,886.91 is requested from COPS fund and $50,208 from the replacement fund, as recommended as staff. (e) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF ASSET FORFEITURE FUNDS IN THE AMOUNT OF $3,443 TO PURCHASE A COVERT CAMERA SYSTEM TO BE USED FOR POLICE INVESTIGATIONS. Memorandum from Interim Police Chief Steve Johnson dated April 3, 2012. (f) (g) Action: To authorize the appropriation of Asset Forfeiture Funds in the amount of $3,443 for the purchase of a covert camera system to be used for police investigations, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE DONATION OF A POLICE MOTORCYCLE TO THE HERMOSA BEACH HISTORICAL SOCIETY. Memorandum from Interim Police Chief Steve Johnson dated April 3, 2012. Action: To authorize the donation of a police motorcycle to the Hermosa Beach Historical Society, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN A LICENSE AGREEMENT WITH LEGACY INMATE COMMUNICATIONS FOR THE INSTALLATION OF AN INMATE TELEPHONE SYSTEM IN THE JAIL. Memorandum from Interim Police Chief Steve Johnson dated March 16, 2012. Action: To authorize the City Manager to sign a license agreement with Legacy Inmate Communications for the installation of an inmate telephone system in the jail, as recommended by staff. (h) RECOMMENDATION TO AUTHORIZE A CONTRACT TO PROVIDE PROFESSIONAL SERVICES FOR HISTORICAL RESOURCES CONSULTING WITH PCR SERVICES CORP. AND DIRECT THE CITY MANAGER TO EXECUTE SAID AGREEMENT. Memorandum from Community Development Director Ken Robertson dated April 4, 2012. Action: To authorize a contract to provide professional services for Historical Resources Consulting with PCR Services Corp. and direct the City Manager to execute said agreement, as recommended by staff. City Council Minutes 04-10-12 Page 13420 • 3. CONSENT ORDINANCES • a. ORDINANCE NO. 12-1332 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.64 TO THE HERMOSA BEACH MUNICIPAL CODE TO BAN POLYSTYRENE FOOD SERVICE WARE AND AMENDING CHAPTER 1.10 TO MAKE VIOLATIONS OF CHAPTER 8.64 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 31, 2012. Supplemental email and attached letter received April 9, 2012 from Sara Sheehy, California Grocers Association. City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced at the previous meeting by a 3-2 vote. Associate Planner Townsend and City Attorney Jenkins responded to Council questions. Proposed Action: To waive full reading and adopt Ordinance No. 12-1332. Motion Fishman, second Duclos. The motion was replaced by the following substitute motion. Action: To refer the ordinance banning polystyrene takeout containers back to staff for review of the wording and amendment where necessary to ensure that the ban does not affect grocery stores, since they have no control over the containers used for prepackaged produce and other items that they sell. Motion Tucker, second DiVirgilio. The motion carried, noting the dissenting votes of Duclos and Fishman. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(c) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a. CONTINUE DISCUSSION OF GREEN TASK FORCE MATTER TO MEETING OF APRIL 24, 2012. Memorandum from Community Development Director Ken Robertson dated April 10, 2012. Action: To continue the discussion of the Green Task Force matter to the meeting of April 24, 2012. City Council Minutes 04-10-12 Page 13421 • • • Motion Bobko, second Fishman. The motion carried by a unanimous vote. b. APPROVE INSTALLATION OF STORM DRAIN CATCH BASIN SCREEN DEVICES FOR THE PIER AVENUE STORM DRAIN SYSTEM. Memorandum from Public Works Director Frank Senteno dated April 3, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. Interim City Manager Jalili also responded to Council questions. Action: To approve the staff recommendation to: 1. Find that based on the information contained in the staff report, competitive bidding would not produce any advantage and waive the competitive bidding requirement otherwise required; 2. Authorize the Director of Public Works to execute a contract amendment with United Storm Water for the installation of 16 automatic retractable screens (ARS) and 28 connector pipe screens (CPS) for an amount not to exceed $20,722; and 3. Authorize the Director of Public Works to approve changes within the approved budget amount. Motion DiVirgilio, seconded Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER— None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. REQUEST FOR CITY COUNCIL TO OPPOSE AB1627 (DICKINSON) CONCERNING ENVIRONMENTAL QUALITY: BUILDING STANDARDS: VEHICLE MILES TRAVELED. Memorandum from Interim City Manager John Jalili dated April 2, 2012. Interim City Manager Jalili presented the staff report. Action: To take a position of opposition to AB1627. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Fishman to consider revising the Business License Fee for food truck venders. Councilmember Fishman spoke to his request. Action: To direct staff to agendize for Council consideration the issue of revising the Business License Fee for food truck vendors. Motion Fishman, supported by Bobko and Tucker. City Council Minutes 04-10-12 Page 13422 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa • Beach adjourned, on Tuesday, April 10, 2012, at the hour of 10:04 p.m. to the Regular meeting to be held on April 24, 2012, at 6:00 p.m. • • City Council Minutes 04-10-12 Page 13423 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held Tuesday, April 24, 2012, at the hour of 7:00 p.m. • • PLEDGE OF ALLEGIANCE — Reese Riley ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember DiVirgilio requested that the meeting be adjourned in memory of Frank Sasine, a long-time resident and former Mayor and Councilmember from 1958 to 1964, who had remained an active member of the community over the past 50 years. He expressed condolences to the family. Councilmember Tucker announced a Little Hoover Commission hearing in Los Angeles tomorrow regarding the State's proposal to do away with the Department of Boating and Harbors and divert the funding elsewhere; said more information was available at www.lhc.ca.gov. He then noted that Hermosa Beach is currently leading in the Wyland Water Challenge which ends April 30, and urged residents to take the pledge online at www.mywaterpledge.com. Councilmember Fishman announced Shred Day on Saturday, April 28, from 10 a.m. to 1 p.m. next to City Hall, noting the event was free to Hermosa residents. He then announced another Saturday event — the Richstone "Pier -to -Pier Walk" starting at 7:45 a.m. at the Manhattan Beach Pier. Mayor Duclos said the meeting would also adjourn in memory of Joe Melchione, former member of the Dewey Weber surf team, who was instrumental, with his enthusiastic support and $50,000 donation, in moving the Surf Legends Memorial project forward. He then announced that resident and environmental activist Dency Nelson was one of a group of people chosen by KCBS-TV as Earth Month Heroes of Los Angeles County, and that he was further honored as the grand prize winner. PRESENTATIONS CERTIFICATES OF RECOGNITION TO HERMOSA VIEW AND HERMOSA VALLEY STUDENTS FOR THEIR ANTI -LITTER HERMOSA CAMPAIGN ARTWORK Mayor Duclos called forward the Hermosa View School and Hermosa Valley School students being recognized for their anti -litter Hermosa Campaign Artwork, which was on display this evening in the Council Chambers (and will be displayed throughout the community), and presented them with their certificates and City pins. City Council Minutes 04-24-12 Page 13424 • • Sam Pena, Republic Service, thanked the students and then introduced Murphy the Robot, who entered the Council Chambers and congratulated the students for doing such a great job. CERTIFICATE OF RECOGNITION TO EAGLE SCOUT JUSTIN HOOT (This item was the last presentation this evening, but is shown in order for clarity.) Mayor Duclos read and presented a Certificate of Recognition to Eagle Scout Justin Hoot for serving the community by heading a project to extend the existing foot trail along the Greenbelt between Gould Avenue and 30th Street and to repair the trail between Pier and Gould avenues which, along with his seven years as a Boy Scout and 42 merit badges, earned him the rank of Eagle Scout. PRESENTATION BY LOS ANGELES COUNTY ASSESSOR JOHN NOGUEZ El Cid de Ramus, Special Assistant to County Assessor John Noguez, said he was the direct contact for Hermosa and, as part of the Assessor's outreach program, was available to speak to local groups on the property tax process and other topics, including how to avoid real estate scams. He referred to the various informational pamphlets contained in folders he had submitted to the Council. In response to Council questions, he said the nearest Assessor's office is now in Long Beach, and that corrections have been made to Hermosa property assessments. PRESENTATION BY CITY TREASURER OF QUARTERLY TREASURER'S REPORT City Treasurer David Cohn presented his Quarterly Treasurer's Report, assisted by Andrew Wesley of Union Bank with a slide presentation, and responded to Council questions, agreeing to provide digital copies of his next presentation, a chart showing banking fees for the past three years, and his input on simplifying the budget to make it more understandable to the public. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. Coming forward at this time to address the City Council were: Scott Stotelmyer — Scotty's Scooters, offering eco -friendly vehicles; requested a fee waiver for the conditional use permit (CUP), which must be filed at the DMV in Sacramento in a month; said as a small business owner who does not own the previously vacant building, he could not afford the expense and would have to relocate elsewhere; expressed support City Council Minutes 04-24-12 Page 13425 • for the City's green initiatives and agreed to comply with all CUP conditions (he was directed to contact Interim City Manager Jalili); Hany Fangary — Hermosa Beach, spoke of his opposition to the AES power plant in Redondo Beach and urged the Council to make a decision that is in the best interests of Hermosa Beach; Julian Katz — Hermosa Beach, spoke of the Council's past environmental decisions; with regard to the approved Bicycle Master Plan, said City staff cannot act without further direction from the Council; announced upcoming Vitality City, Earth Day and Back -to -Work Day events; and Andrew Wesley — Hermosa Beach resident and Union Bank employee, said he was pleased to assist the City Treasurer with his presentation which was an accurate reflection of the current situation; said business is improving and people are getting back into the real estate market. 2. CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (p) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: Tucker (h) and (I). Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. At 8:14 p.m., the order of the agenda moved to public hearing items 5(a) and (b). • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on April 10, 2012; and 2) Regular meeting held on April 10, 2012. • Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of April 10, 2012 and the Regular meeting of April 10, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 66365 THROUGH 66535 INCLUSIVE AND NO. 9301294. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE: 1) Tentative Future Agenda Items; and 2) City Council Directives. Action: To receive and file as presented the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 04-24-12 Page 13426 Action: To receive and file the March 2012 Financial Reports: (1) Revenue IIIand expenditure report; (2) City Treasurer's report; and (3) Investment report. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 3, 2012. (f) (g) • (h) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 3, 2012. RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING EMPLOYEES WHO ACCEPTED THE CITY'S RETIREMENT INCENTIVE TO RETIRE AND OBTAIN AN ADDITIONAL TWO YEARS' SERVICE CREDIT WITH CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). Memorandum from Finance Director Viki Copeland dated April 3, 2012. Action: To receive and file report regarding employees who accepted the City's retirement incentive to retire and obtain an additional two years' service credit with California Public Employees Retirement System (CaIPERS), as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTIONS ASSIGNING THE DELEGATES/ALTERNATES TO SERVE AS CITY REPRESENTATIVES ON: (1) THE BOARD OF DIRECTORS OF THE INDEPENDENT CITIES FINANCE AUTHORITY (ICFA); AND, (2) THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Memorandum from City Clerk Elaine Doerfling dated April 11, 2012. Action: To approve the staff recommendation to adopt the following: (1) Resolution No. 12-6794, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 04-6347 AND AMENDING RESOLUTION NO. 89-5256, TO APPOINT NEW CITY REPRESENTATIVES TO THE BOARD OF DIRECTORS OF THE INDEPENDENT CITIES FINANCE AUTHORITY (ICFA)"; and (2) Resolution No. 12-6795, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A DELEGATE, ALTERNATE AND SUBSTITUTE ALTERNATE TO SERVE AS THE CITY'S REPRESENTATIVE ON THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)." RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE PLANNING COMMISSION MEETING OF APRIL 17, 2012. City Council Minutes 04-24-12 Page 13427 This item was removed from the consent calendar by Councilmember Tucker • for separate discussion later in the meeting. (i) (i) Action: To direct the scheduling of a City Council public hearing for the review and reconsideration of Planning Commission item 7 (a three -unit residential condominium at 1516 Monterey Boulevard). Motion Tucker, second Fishman Final Action: To receive and file the remainder of the action minutes of the Planning Commission meeting of April 17, 2012. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO APPROPRIATE $14,000 IN PROPOSITION A TRANSPORTATION FUNDS TO THE AFTER SCHOOL SHUTTLE PROGRAM. Memorandum from Finance Director Viki Copeland dated April 18, 2012. Supplemental memorandum (correction of dollar amount) received from staff April 23, 2012. Action: To appropriate $24,000 in Proposition A Transportation funds to the After School Shuttle Program, as recommended by staff. RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CIVILSOURCE INC. TO PROVIDE ENGINEERING DESIGN SERVICES AND CONSTRUCTION INSPECTION SERVICES FOR PROJECT NO. CIP 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL FY 11-12 FOR A FIXED FEE OF $50,995; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET; AND, APPROPRIATE AN ADDITIONAL $4,060 FROM THE MEASURE R FUND TO THE CITY MATCHING FUNDS IN ORDER TO ADJUST THE BUDGET TO REFLECT THE ACTUAL AMOUNT REQUIRED BY THE FUNDING AGENCY. Memorandum from Public Works Director Frank Senteno dated April 17, 2012. Action: To approve the staff recommendation to: (1) Award Professional Services Agreement to CivilSource Inc. to provide engineering design services and construction inspection services for Project No. CIP 11-179 Hermosa View Elementary Safe Route To School FY 11-12 for a fixed fee of $50,995; (2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; (3) Authorize the Director of Public Works to make changes to the agreement within the project budget; and (4) Appropriate an additional $4,060 from the Measure R Fund to the City Matching Funds in order to adjust the budget to reflect the actual amount required by the funding agency. City Council Minutes 04-24-12 Page 13428 • (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70888 FOR A 4 -UNIT CONDOMINIUM PROJECT AT 931 FIRST STREET. Memorandum from Community Development Director Ken Robertson dated April 18, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6796, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 70888 FOR THE SUBDIVISION OF A FOUR -UNIT CONDOMINIUM, LOCATED AT 929 FIRST STREET, UNITS A AND B, AND 931 FIRST STREET, UNITS A AND B (PREVIIOUSLY KNOWN AS 931 FIRST STREET), LEGALLY DESCRIBED AS LOT 38, TRAFTON HEIGHTS, IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (I) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 21, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting due to concern that staff acted on a matter before the minutes were presented to the Council for the opportunity to request the review and reconsideration of an item, if desired. • Interim City Manager Jalili responded to Council questions (m) Action: To receive and file the action minutes of the Public Works Commission meeting of March 21, 2012. Motion Tucker, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated April 16, 2012. (This item was not removed for discussion but, before the consent calendar was approved, Mayor Duclos requested that Public Works Director Senteno provide an oral Project Status Report at one of the May meetings.) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction, as recommended by staff. (n) RECOMMENDATION TO APPROVE THE EXPENDITURE OF NOT -TO - EXCEED $2,000 TO COVER THE COST OF A SITE VISIT FROM ETHAN KING, VICE PRESIDENT OF NATURAL PLAYGROUNDS COMPANY, TO ANALYZE AND PROVIDE PLANS FOR THE REMODEL OF SOUTH PARK IN MAY 2012. Memorandum from Interim City Manager John Jalili dated April 17, 2012. City Council Minutes 04-24-12 Page 13429 • • Action: To approve the expenditure of not -to -exceed $2,000 to cover the cost of a site visit from Ethan King, Vice President of Natural Playgrounds Company, to analyze and provide plans for the remodel of South Park in May 2012, as recommended by staff. (o) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO PROVIDE FOOD SERVICES FOR THE POLICE DEPARTMENT JAIL. Memorandum from Interim Police Chief Steve Johnson dated April 17, 2012. (p) Action: To authorize the City Manager to sign an agreement with the Los Angeles County Sheriffs Department to provide food services for the police department jail, as recommended by staff. RECOMMENDATION TO REJECT THE ONLY BID RECEIVED FOR THE UNIFORM RENTAL SERVICES CONTRACT REQUEST FOR PROPOSALS (RFP) AND AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS. Memorandum from Public Works Director Frank Senteno dated April 19, 2012. Action: To reject the only bid received for the Uniform Rental Services Contract Request for Proposals (RFP) and authorize staff to re -advertise for bids, as recommended by staff. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2 (h) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. CONSIDERATION OF TEXT AMENDMENT TO MUNICIPAL CODE CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING) TO ALLOW OUTDOOR DINING AND OUTDOOR RETAIL SALES/DISPLAYS AND PORTABLE SIGNS ON THE PUBLIC RIGHT-OF-WAY AND RELATED AMENDMENTS FOR CONSISTENCY, AND ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Ken Robertson dated April 16, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Interim City Manager Jalili and City Attorney Jenkins also responded to Council questions. City Council Minutes 04-24-12 Page 13430 • The public hearing opened at 8:50 p.m. Coming forward to address the Council on this item were: Ron Newman — Hermosa Beach, asked that the retail displays on the Plaza be controlled; said reducing the hours on Pier Plaza restaurant patios would adversely affect the businesses; and Dino Capoldi — owner of Paisanos, was surprised more businesses were not present to speak; said "operation clean sweep," which requires stores to keep everything inside, gives the town a sterile appearance, while allowing some items to be displayed outside gives much-needed exposure to businesses and a sense of character to the community. The public hearing closed at 8:55 p.m. Proposed Action: To approve staff report recommendations #1 (introduce an ordinance adopting a Text Amendment to allow outdoor dining in the public right-of-way, excluding SPA -11 [Upper Pier Avenue] in commercial zones without a conditional use permit); #2 (adopt a resolution amending City Council Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza"); and #4 (adopt a Negative Declaration). Motion DiVirgilio, second Fishman. A proposed amendment by Mayor Duclos to amend the ordinance died due to the lack of a second. The main motion, restated in final form, is as follows: Action: To approve the recommendation of the Planning Commission to: (1) Waive full reading and Introduce Ordinance No. 12-1333, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE, CHAPTER 12 (ENCROACHMENTS) AND 17 (ZONING), TO ALLOW OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT IN COMMERCIAL ZONES, EXCLUDING SPECIFIC PLAN AREA NO. 11"; (2) Adopt Resolution No. 12-6797, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, (1) AMENDING CITY COUNCIL RESOLUTION NO. 05-6417 `ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA,' (2) MAINTAINING THE CITYWIDE PROHIBITIION ON OUTDOOR RETAIL SALES/DISPLAY AREAS AND PORTABLE SIGNS ON THE PUBLIC RIGHT-OF-WAY, (3) RESCINDING CITY COUNCIL RESOLUTION NO. 05-6418 `ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA,' AND ADOPTING A NEGATIVE DECLARATION"; and (3) Adopt a Negative Declaration (shown as recommendation #4 in the staff report). Motion DiVirgilio, second Fishman. The motion carried, noting the dissenting vote by Mayor Duclos. City Council Minutes 04-24-12 Page 13431 • • Action: To refer the matter of maintaining the prohibition on outdoor retail sales/display areas and portable signs (recommendation #3 in the staff report) back to the Planning Commission with City Council feedback from this evening, including consideration of an annual (revocable) permit cycle based on successful practice, with standards to ensure an appealing rather than swap meet appearance, and to continue the item until the matter returns from the Planning Commission. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 9:20 p.m. The meeting reconvened at 9:30 p.m. b. GENERAL PLAN AMENDMENT TO ADOPT THE 2008-2014 HERMOSA BEACH HOUSING ELEMENT UPDATE AND AMEND THE LAND USE ELEMENT FOR CONSISTENCY, AMENDMENT TO THE ZONING ORDINANCE TEXT AND MAPS (MUNICIPAL CODE, TITLE 17) ADDING THE AFFORDABLE HOUSING OVERLAY ZONE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Ken Robertson dated April 16, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:50 p.m. Coming forward to address the Council on this item were: John Douglas — AICP, discussed the overlay zone and responded to Council questions; said the Housing Element Update was a two-step process, with follow-up amendments coming back at a later date; commended Planning Associate Pam Townsend for her hard work on the item; and Janet Yates — Marineland Community Association president, said they were committed to keeping the mobile home park an affordable housing community following its conversion to residential ownership; said there were now and will continue to be restrictions. The public hearing closed at 9:35 p.m. Action: To approve the recommendation of the Planning Commission to: (1) Adopt Resolution No. 12-6798, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO THE CITY OF HERMOSA BEACH HOUSING ELEMENT AND AMENDMENT TO THE LAND USE ELEMENT TO AUTHORIZE CREATION OF AN AFFORDABLE HOUSING OVERLAY ZONE IN THE COMMERCIAL CORRIDORS, AND ADOPTING A NEGATIVE DECLARATION"; (2) Waive full reading and Introduce Ordinance No. 12-1334, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, City Council Minutes 04-24-12 Page 13432 • • • AMENDING THE HERMOSA BEACH ZONING CODE (MUNICIPAL CODE, TITLE 17) AND ZONING MAP TO CREATE AN AFFORDABLE HOUSING OVERLAY ZONE." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 9:42 p.m., the order of the agenda returned to item 4. 6. MUNICIPAL MATTERS — None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated April 12, 2012. City Clerk Doerfling presented the staff report. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Planning Commission terms that will expire June 30, 2012; and two Civil Service Board terms that will expire July 15, 2012. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilman DiVirqilio to direct staff to return with an analysis of the situation at AES Power Plant as it pertains to the City of Hermosa Beach and that this be returned at some point after AES has made an official proposal. Councilmember DiVirgilio spoke to his request. Action: To direct staff (after AES has made its official proposal) to prepare and agendize, for Council review and discussion, an analysis of the situation at the Power Plant site as it pertains to the City of Hermosa Beach, perhaps with AES and City of Redondo Beach presentations on the issue. Motion DiVirgilio, supported by Bobko and Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Joe Melchione and Frank Sasine, on Tuesday, April 24, 2012, at the hour of 9:55 p.m. to a Regular meeting to be held on May 8, 2012, at 6:00 p.m. 0 ir City Council Minutes City Clerk 04-24-12 Page 13433 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, May 8, 2012, at the hour of 6:00 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on March 27, 2012; and b. Closed Session meeting held on April 10, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: John Jalili & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 8, 2012, at the hour of 6:00 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:53 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE — Jack Burns, Hermosa Valley School 6th grade student City Council Minutes 05-08-12 Page 13434 ROLL CALL: • Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None • • CLOSED SESSION REPORT — City Attorney Jenkins reported on this evening's closed session, saying there were no public comments, no items added, and no reportable actions. ANNOUNCEMENTS — Councilmember DiVirgilio acknowledged two Hermosa kindergarten students named Haley and Ashley who were inspired by their teachers Mrs. Koch and Mrs. Cormin to pick up litter along the Greenbelt. He said the two girls were inspiring young leaders. Mayor Duclos commented on the success of the City's first Shred Day on April 28, and thanked Republic Service for the banner advertising the event in memory of deceased long-time resident Patty Egerer, who had contacted him in April of 2010 about making shredding an additional service that the City provides for residents. PRESENTATIONS CERTIFICATES OF COMMENDATION TO HERMOSA BEACH FIREFIGHTER/PARAMEDIC AARON BUSH FIREFIGHTER/PARAMEDIC JIM BRUCCOLERI CAPTAIN JAMES CRAWFORD ENGINEER/PARAMEDIC AARON MARKS FIREFIGHTER SHELDON OSEKOWSKY AMBULANCE OPERATOR/FIRE INTERN ANTHONY ROSAS AMBULANCE OPERATOR/FIRE INTERN YASHA VAND Fire Chief Lantzer said he was honored and proud that the Council was recognizing the life-saving efforts of these firefighter/paramedics for a Hermosa Beach resident who suffered a heart attack and subsequent cardiac arrest, noting that the patient was discharged after several days in the hospital and is now back at work. He said the paramedics had been praised by the hospital staff for their quick recognition of the patient's condition, their aggressive treatment in the field, and their teamwork. He noted that this incident was a dramatic example of what they do on a regular basis, and then called forward the recipients (Sheldon Osekowsky was not present). Mayor Duclos said the Hermosa resident was present this evening and wanted to come forward to again thank the firefighter/paramedics for their efforts. Mr. Lorenzen said it was with gratitude that he was here tonight after his ordeal on March 28; said paramedics arrived within minutes of the 911 call and their amazing training and professionalism was an display from the moment they came through the door; said after stabilizing him, they put him in the ambulance and within minutes he was unconscious, but he was told by the Little Company of Mary team and his doctor that his heart had stopped and the treatment he received in the ambulance saved his life and minimized the damage to his heart; said he was grateful to have City Council Minutes 05-08-12 Page 13435 been at home when he had his heart attack, knowing the important role of the first • responders, and again thanked the firefighter/paramedics. Mayor Duclos read aloud the commendation while Chief Lantzer handed out the individual certificates commending the recipients for their prompt response, rapid assessment, treatment, transport and teamwork, all of which contributed to saving the life of the resident who suffered a heart attack due to a completely blocked artery; said their communications with the hospital enabled a specialized cardiac team to be assembled and ready to remove the blockage when the ambulance arrived. He commended them for their professionalism and superior performance. Chief Lantzer also acknowledged Tina Crews, the nurse educator responsible for the paramedic training, and Steve Ramirez, the paramedic coordinator who assists with the training. PRESENTATION BY HERMOSA BEACH RESIDENT VOLUNTEERS KRISTIN REYNOLDS, ANNE ELI RIZZARDI AND BETTY STAR REGARDING THE NATIVE PLANT INSTALLATION LOCATED AT 22ND STREET AND THE STRAND Anne Eli Rizzardi provided background information and noted that the project had been initiated in early 2010 by Elizabeth Riley, who could not attend the meeting; • said some of the plants have not survived, but they have learned which ones work best; thanked Public Works Superintendent Ells Freeman for all of his help, and said they were open to doing a second street planter. • David Sunstrum, California Native Plant Society vice president, said planting California's true landscape offers many benefits, including water conservation; less maintenance and freedom from pesticides, and it also invites wildlife and supports the local ecology. Betty Star requested that the wall be fixed, and addressed some of the problems they have encountered, including the trampling of the plants by people and dogs; suggested having a dog station nearby; said the vases on display near the dais contained all native California flowers. Kristin Reynolds said they have learned a lot during the process, including which plants are able to withstand the beach conditions; thanked Public Works Superintendent Ells Freeman and the City. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. City Council Minutes 05-08-12 Page 13436 Coming forward to address the Council at this time were: Jim Lissner- Hermosa Beach, said he and others were present to speak on item 3(a), the sidewalk dining ordinance; David Cohn - City Treasurer, said he disagreed with Interim City Manager Jalili's response to a report he submitted about deficiencies he saw in the City's parking meter system (Mayor Duclos offered to meet with Mr. Cohn and Mr. Jalili to discuss the issue; and Councilmember DiVirgilio requested that both items of correspondence be on the next agenda as a receive and file item so the public knows what is being discussed); Sam Pena - Republic Services, spoke of the success of Hermosa Shred Day on April 28, noting that 82 cars came through during the four-hour event with 4,500 pounds of paper, which filled 75% of their truck; thanked the Public Works staff for setting up and for assisting with traffic control during the first hour; and Cassie Coleman - Hermosa Beach, discussed RISE (the Rigel Institute for Science Education), a non-profit intended to partner with schools to inspire students in the study of math and science and encourage them to consider careers in technical fields, as well as provide teachers with helpful tools to add energy and interest into their lessons; said the centerpiece of the RISE concept is to bring into the area an on-site Challenger Learning Center, noting it was the families of the astronauts who tragically lost their lives in the 1986 space shuttle explosion that formed the (now global) learning center network to continue the educational mission. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g) with the exception of item 2(f), which was removed from tonight's agenda by staff, and the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) and (e) Tucker. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 24, 2012. Action: To approve the minutes of the regular meeting of the City Council held on April 24, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 66536 THROUGH 66681, INCLUSIVE, AND NOS. 9324623 AND 9343047, AND TO APPROVE THE CANCELLATION OF CHECK NO. 66342, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register and approve the cancellation of certain checks as recommended by the City Treasurer City Council Minutes 05-08-12 Page 13437 • (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives. • Action: To receive and file the Tentative Future Agenda Items and the City Council Directives. (d) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2012-2013 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 12-6791 AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 THROUGH JUNE 30, 2013; AND SETTING JUNE 26, 2012, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Interim Public Works Director Frank Senteno dated April 26, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Interim City Manager Jalili responded to Council questions. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 12-6800, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2012-2013"; and (2) Adopt Resolution No. 12-6801, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2012-2013 FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO"; with direction to staff to report back on the possibility of an all -mail ballot to ask voters to cover increased costs and make the District self-sustaining so that the City is not forced to use General Fund money for that purpose. Motion Tucker, second Mayor Duclos. The motion carried, noting the dissenting vote of DiVirgilio. (e) RECOMMENDATION TO ADOPT A RESOLUTION AMENDING 410 RESOLUTION NO. 05-6417 "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA," RESCINDING RESOLUTION NO. 05 - City Council Minutes 05-08-12 Page 13438 • (f) • (g) • 6418 "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA," AND ADOPTING A NEGATIVE DECLARATION. Memorandum from City Clerk Elaine Doerfling dated April 28, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Community Development Director responded to Council questions. Action: To approve the recommendation to adopt Resolution No. 12-6802, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 05- 6417 `ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA,' RESCINDING RESOLUTION NO. 05-6418 `ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA,' AND ADOPTING A NEGATIVE DECLARATION." Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO AWARD PURCHASE AND INSTALLATION OF EIGHT (8) NEW SHURE ULXD2/B87A WIRELESS MICROPHONES WITH CONDENSER ELEMENT FOR AN ESTIMATED COST OF $8,500 WITH FINAL BIDDER INFORMATION TO BE PROVIDED FOLLOWING THE BID OPENING ON MONDAY, MAY 7, 2012; AUTHORIZE THE ADDITION OF THE WIRELESS MICROPHONES TO THE EQUIPMENT REPLACEMENT SCHEDULE; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AND TO APPROVE CHANGES WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Frank Senteno dated April 30, 2012. Supplemental memorandum from Director Senteno received May 8, 2012. This item was removed from the agenda at staffs request to accommodate the issuance of an addendum revising the specifications and extending the deadline for the submission of bids. RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE CITY TO EXECUTE A FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND DESIGNATING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO SIGN THE FUNDING AGREEMENT MOU.MR312.05, AND ANY AMENDMENTS THERETO FOR THE F45 -PACIFIC COAST HIGHWAY (SR- 1/PCH) IMPROVEMENTS BETWEEN ANITA STREET AND ARTESIA BOULEVARD PROJECT. Memorandum from Public Works Frank Senteno dated May 2, 2012. City Council Minutes 05-08-12 Page 13439 • • Action: To approve the staff recommendation to adopt Resolution No. 12- 6799, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY TO EXECUTE A FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND DESIGNATING A REPRESENTATIVE TO SIGN THE FUNDING AGREEMENT AND ANY AMENDMENTS THERETO FOR THE F45 -PACIFIC COAST HIGHWAY (SR- 1/PCH) IMPROVEMENT PROJECT BETWEEN ANITA STREET AND ARTESIA BOULEVARD." 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1333 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING), TO ALLOW OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT IN COMMERCIAL ZONES, EXCLUDING SPECIFIC PLAN AREA NO. 11." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 25, 2012 Supplemental correspondence from Howard Longacre- one received May 2, 2012 (included in the packet) and the other received May 7, 2012. City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting that the Council had introduced the Ordinance with a 4-1 vote at the April 24, 2012 meeting. City Attorney Jenkins responded to Council questions about the Ordinance and described the difference between a legislative matter, such as this item, and a quasi-judicial matter, such as a conditional use permit or variance, which requires the disclosure of ex parte communications. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, submitted a copy of a portion of the outdoor dining Ordinance adopted by the City of Manhattan Beach and addressed concerns he had with the Hermosa Beach Ordinance presented for adoption this evening. Action: To waive full reading and re -introduce Ordinance No. 12-1333 with the following amendments: (1) page 3, item 4, add to the first sentence "when located on sidewalks," and add as the second sentence a new provision specifying that encroachments on pedestrian walk streets are subject only to the 200 -square -foot rule, not the depth and width limitations; (2) page 3, item 6, add a provision prohibiting use of breakable serving ware in the encroachment area; and (3) page 4, item 12, delete tower heaters from the allowable furnishings. Motion Bobko, second Tucker. The motion carried, noting the dissenting vote by Mayor Duclos. City Council Minutes 05-08-12 Page 13440 • b. ORDINANCE NO. 12-1334 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING CODE (MUNICIPAL CODE, TITLE 17) AND ZONING MAP TO CREATE AN AFFORDABLE HOUSING OVERLAY ZONE. For adoption. Memorandum from City Clerk Elaine Doerfling dated April 25, 2012. • • City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting that the Council had unanimously introduced the Ordinance at the April 24, 2012 meeting. Action: To waive full reading and adopt Ordinance No. 12-1334. Motion Bobko, second Tucker. The motion carried by the following vote: Ayes: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Noes None Absent: None Abstain: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d) and (e) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:50 p.m., the order of the agenda moved to Other Matters item 9(a). 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a. LEADERSHIP HERMOSA, CLASS OF 2012 — "WAVES OF HISTORY." Memorandum from Public Works Director Frank Senteno dated April 30, 2012. City Attorney Jenkins responded to Council questions. Coming forward to address the Council on this issue was: Lucas Doub — member of Leadership Hermosa Class of 2012, reviewed the history of the Leadership program, which began in 2003; made a PowerPoint presentation on the "Waves of History" project, which involves the placement of ceramic tile markers, at six sites determined to have historical relevance, noting their hope that the project will expand to include additional historical locations in the future; and Ells Freeman — Public Works Superintendent, responded to Council questions about placing the bank's historical marker on the black concrete rather than the regular sidewalk. City Council Minutes 05-08-12 Page 13441 • • • Action: To approve the Leadership Hermosa Beach Class of 2012 project and issue authorization to proceed with the installation of Historical Markers at select historical points of interest within the City boundaries, as requested by Leadership Hermosa and recommended by staff. Motion Bobko, second Fishman. The motion carried by a unanimous vote. b. REQUEST TO RENEW EXCLUSIVE TAXICAB FRANCHISE AGREEMENTS. Memorandum from Interim Police Chief Steve Johnson dated May 1, 2012. Interim Police Chief Steve Johnson presented the staff report and responded to Council questions, agreeing to continue conducting bandit -cab stings as established by the previous Police Chief. Interim City Manager Jalili and City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this issue. Action: To approve the staff recommendation to authorize the City Manager to renew a Taxicab Franchise Agreement with South Bay Yellow Cab, Bell Cab Company, United Independent Taxi Drivers, and All Yellow Taxi, with direction to staff to: 1) enforce metered spaces to prevent cabs from parking without paying; 2) enforce the uniform provision (item J on page 4 of the agreement); and 3) provide downtown signage that directs people with complaints to call a specific phone number and/or to go onto the City's website, with a link that would allow complaints to go straight to the Chief of Police; and with the following changes to the franchise agreements: 1) page 4, item H, change "City representative" to "Chief of Police or designee"; 2) page 5, item N, specify a minimum of four starters, with additional starters if deemed necessary and directed by the Police Chief; 3) specify no parking on private property without the owner's permission; 4) specify that the staging area will be by the parking structure; and 5) a technical change by the City Attorney to item 16 on page 10. Motion Fishman, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 9:20 p.m. The meeting reconvened at 9:30 p.m. c. REQUEST FROM COUNCILMEMBER FISHMAN TO CONSIDER REVISING THE BUSINESS LICENSE TAX FOR CATERING TRUCKS. Memorandum from Finance Director Viki Copeland dated April 13, 2012. Finance Director Copeland presented the staff report and responded to Council questions. Interim City Manager Jalili and City Attorney Jenkins also responded to Council questions. City Council Minutes 05-08-12 Page 13442 • • Coming forward to address the Council on this issue was: John Bowler- Hermosa Beach, spoke of his involvement booking food trucks for nonprofit fundraisers, noting that these trucks donate a percentage of their take to the specific nonprofit group, usually a school or church; said these trucks, which are in town occasionally for special events, differ from route trucks, which serve daily, typically at construction sites; suggested the alternatives of creating a separate fee for special event food trucks or establishing a $25 one -day permit. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 12-1335, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE BUSINESS LICENSE TAX FOR CATERING/FOOD TRUCKS," setting the annual fee at the previous rate of $197, with further direction for staff to explore and report back on the concept of a one -day permit for consideration at a future meeting. Motion Fishman, second DiVirgilio. The motion carried, noting the dissenting vote by Tucker. At 9:49 p.m., the order of the agenda moved to item 4, pulled consent items. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilman DiVirgilio to invite City Treasurer Cohn to discuss his decision to amend our current banking relationship, including a discussion about making the selection process public in the same manner with which the City hires other outside vendors (using a request for proposal RFP process). Councilmember DiVirgilio spoke to his request. Proposed Action: To invite the City Treasurer to attend a future meeting to discuss his decision to amend the City's current banking relationship. Motion DiVirgilio, supported by Bobko. The motion failed since it did not have a third vote to proceed. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, March 27, 2012, at the hour of 10:05 p.m. to the Regular meeting of May 27, 2012. City Clerk Cit - ouncil Minutes 05-08-12 Page 13443 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 22, 2012, at the hour of 6:04 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held on May 8, 2012. 3. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the IIICity of Hermosa Beach adjourned on Tuesday, May 22, 2012, at the hour of 6:05 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:25 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:01 p.m. PLEDGE OF ALLEGIANCE — PTO President Ilene Levin, daughters Kira and Brynn ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reiterated the May 8, 2012 closed session report (since the audio was missing for the first few minutes of that evening's regular meeting video), noting no public comments, no added items, and no reportable actions. He then reported on this evening's closed session, noting no public comments, no added items, and no reportable actions taken. ANNOUNCEMENTS — Mayor Duclos announced that the City was honored April 20 as a 2012 award winner by the California Association of Public Information Officials (CIPO) Excellence in Communication and displayed the Award of Distinction that the City received for its new website. He then spoke of the $410,000 state grant IIIreceived from the Strategic Growth Council to create a comprehensive, long-term plan to reduce and eventually eliminate the City's carbon footprint. City Council Minutes 05-22-12 Page 13444 • • • At the request of Mayor Duclos, Community Development Director Ken Robertson and Planning Associate Pam Townsend came forward to discuss the grant, which will be used to hire experts to update the City's General Plan and its Coastal Land Use Plan to create a comprehensive blueprint for sustainability and a low carbon future. The Councilmembers then individually thanked and congratulated staff for their hard work, praising Ms. Townsend in particular for her efforts. Councilmember Fishman said Los Angeles County had recognized May as "Older Americans Month" as an opportunity to show appreciation and recognition for the contributions and achievements of older adults. He said he had nominated resident Julian Katz for his volunteer work in the community, and Mr. Katz was among those honored May 23 at the 2012 Older Americans Recognition Day Awards Program hosted by the Board of Supervisors at the Dorothy Chandler Pavilion. Councilmember DiVirgilio spoke of feedback he had received on his letter to the editor concerning transparency issues he saw with the City Treasurer's bank selection process and the need to follow the already -established open process of requesting proposals. PRESENTATIONS CERTIFICATE OF RECOGNITION TO CROSSING GUARD OF THE YEAR MARY ANN CABRAL Crossing Guard Supervisor Treva McCarthy introduced and praised Crossing Guard of the Year Mary Ann Cabral for her excellent service, noting that she was currently in front of Valley School, but had previously helped Hermosa students cross at Pier Avenue during the construction phase of Upper Pier Avenue. Mayor Duclos read and presented the Certificate of Recognition, commending Mary Ann Cabral for her loyal and outstanding community service providing for the safety of Hermosa's students. DEMONSTRATION BY AND PRESENTATION TO BEACH CITIES ROBOTICS TEAM FROM REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL Beach Cities Robotics Team Liaison Ellen Brim, Faculty Advisor at Redondo Union High School and Beach Cities Robotics Team Liaison, said this was an after-school project, which was designed and built by the students in six weeks. Chris Golden, Team Captain, described the robotic project and, along with his team members, conducted a demonstration (basketball). At Council's request, the other team members came forward and introduced themselves: Eric Garcia, Milo Davis, Arani Bhattacharyay, Ryan Gulland, and Lauren Gulland. City Council Minutes 05-22-12 Page 13445 1111 Mayor Duclos read and presented the Certificate and gave a City pin to each of the participants. GREEN IDEA HOUSE UPDATE BY ROBERT FORTUNATO Mayor Duclos asked Hermosa Beach resident Robert Fortunato to come forward at this time to update the City Council and the community on his green idea house. Robert Fortunato, said he was the owner/builder of the green idea house, where he and his family were now residing, spoke of his recent "green leadership award" from the County of Los Angeles, and made a PowerPoint presentation. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time was/were: Sam Pena - Consolidated Disposal Service, invited everyone to the Fiesta over Memorial Day weekend, noting that this year they have partnered with the Chamber of Commerce to launch a pilot "food waste program" with the Fiesta food vendors; and Tony Arneval - Huntington Beach, spoke of his desire to operate a specialty retail cart on Pier Plaza, saying it would be an economic benefit to the City and offering to email detailed information to the Councilmembers. (a) Letter from Carol G. Weiss, Ph.D. dated April 23, 2012 requesting a reduction in business license fees. Coming forward to address the Council on this item was: Carol Weiss - Hermosa Beach, said the fee increase along with the new surcharge creates a hardship for her since it offers no allowance for low -impact businesses like hers. Action: To direct staff to agendize the issue for Council consideration at a future meeting. Motion Bobko, second Tucker, and supported by DiVirgilio. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) Duclos, (f) and (i) Tucker. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 8, 2012. City Council Minutes 05-22-12 Page 13446 11111 Action: To approve the minutes of the City Council's Regular meeting held on May 8, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 66682 THROUGH 66806, INCLUSIVE, AND NOS. 9388224, 80114797, 80114841, 80114843, 80114849, 80114861 AND 80114862. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and 2) City Council Directives Action: To receive and file the Tentative Future Agenda Items and City Council Directives. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. • This item was removed from the consent calendar by Mayor Duclos for separate discussion later in the meeting. City Treasurer Cohn clarified his report and spoke of the City's investment return. Action: To receive and file the April 2012 financial reports: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MARCH 5, 2012. (f) • Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of March 5, 2012. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated May 5, 2012. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. City Council Minutes 05-22-12 Page 13447 • (g) • Public Works Director Senteno responded to Council questions and agreed to attach to future reports a list specifying the names of streets to be improved for projects identified in the report as "various locations." Action: To receive and file the Status Report of capital improvement projects that are either under design or construction, as recommended by staff. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. RECOMMENDATION TO REJECT BID SUBMITTED BY BELL EVENT SERVICES FOR $14,829.63; AWARD PURCHASE AND INSTALLATION OF EIGHT (8) NEW SHURE ULXD24/BETA87A, ULX DIGITAL SERIES HANDHELD WIRELESS MICROPHONES WITH CONDENSER ELEMENT FROM CCS PRESENTATIONS, IN THE AMOUNT OF $15,162.50; AUTHORIZE ADDITION OF THE WIRELESS MICROPHONES TO THE EQUIPMENT REPLACEMENT SCHEDULE; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AND TO APPROVE CHANGES NOT TO EXCEED 10% CONTINGENCY OF THE BID PROPOSAL. Memorandum from Public Works Director Frank Senteno dated May 5, 2012. Action: To approve the staff recommendation to: 1) Reject the bid submitted by Bell Event Services for $14,829.63; 2) Award the purchase and installation of eight (8) new Shure ULXD24/BETA87A, ULX Digital Series Handheld Wireless Microphones with Condenser Element from CCS Presentations, in the amount of $15,162.50; 3) Authorize the addition of the Wireless Microphones to the Equipment Replacement Schedule; and 4) Authorize the Director of Public Works to issue the appropriate purchase documents and to approve changes not to exceed 10% contingency of the bid proposal. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 15, 2012. (i) • Action: Recommendation to receive and file the action minutes of the Planning Commission meeting of May 15, 2012. RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH ED ALMANZA & ASSOCIATES AND STEPHEN R. BURRELL FOR CONSULTING SERVICES TO AUGMENT STAFF IN PROCESSING LAND USE ENTITLEMENTS AND AN ENVIRONMENTAL IMPACT REPORT IN CONNECTION WITH AN OIL DRILLING PROJECT. Memorandum from Community Development Director Ken Robertson dated May 14, 2012. Supplemental emails from Lael Stabler and Barbara Guild, both received May 22, 2012. City Council Minutes 05-22-12 Page 13448 • This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. • • Coming forward to address the Council on this item were: Barbara Guild — Hermosa Beach, spoke in opposition to both agreements; said there is no separate reimbursement agreement with E&B Natural Resources Management Corporation on the City's website; and Hany Fangary — Hermosa Beach, said the consulting rate for Mr. Burrell is excessive compared with his previous salary as city manager; asked why Mr. Almanza is required to indemnify the City in his contract in the event of a law suit, while the reverse applies to Mr. Burrell. (i) Action: To approve Professional Services Agreements with Ed Almanza & Associates and Stephen R. Burrell for consulting services to augment staff in processing land use entitlements and an Environmental Impact Report in connection with an oil drilling project, as recommended by staff. Motion Tucker, second Fishman. The motion carried by a unanimous vote. RECOMMENDATION TO ACCEPT THE WORK BY ALL AMERICAN ASPHALT, INC. FOR CIP PROJECT NO. 08-127 STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ALL AMERICAN ASPHALT (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Frank Senteno dated May 15, 2012. Action: To approve the staff recommendation to: 1) Accept the work by All American Asphalt, Inc. for CIP Project No. 08- 127 Street Improvements; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Authorize staff to release payment to All American Asphalt (10% retained for 35 days following filing of Notice of Completion). 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1333 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING MUNICIPAL CODE, CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING), TO ALLOW OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT IN COMMERCIAL ZONES, EXCLUDING SPECIFIC PLAN AREA NO. 11." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 11, 2012. City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting that the Council had amended and re -introduced the Ordinance with a 4-1 vote at the May 8, 2012 meeting. City Council Minutes 05-22-12 Page 13449 • Action: To waive full reading and adopt Ordinance No. 12-1333. Motion Bobko, second DiVirgilio. The motion carried by the following vote: • Ayes: Bobko, DiVirgilio, Fishman, Tucker Noes Mayor Duclos Absent: None Abstain: None b. ORDINANCE NO. 12-1335 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE BUSINESS LICENSE TAX FOR CATERING/FOOD TRUCKS." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 11, 2012. City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting that the Council had introduced the Ordinance with a 4-1 vote at the May 8, 2012 meeting. Action: To waive full reading and adopt Ordinance No. 12-1335. Motion Fishman, second DiVirgilio. The motion carried by the following vote: Ayes: Bobko, DiVirgilio, Fishman, Mayor Duclos Noes Tucker Absent: None Abstain: None At 8:03 p.m., the order of the agenda moved to Municipal Matter item 6(a). 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(d), (f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a. ELECTRIC VEHICLE CHARGING STATIONS ON PIER AVENUE AND AT CITY HALL. Memorandum from Public Works Director Frank Senteno dated May 15, 2012. Public Works Director Senteno presented the staff report and responded to • Council questions. City Council Minutes 05-22-12 Page 13450 • Action: To approve the staff recommendation to: 1) Authorize a six-month complimentary charging station usage period; 2) Direct staff to prepare and submit a resolution establishing a fee for charging Electric Vehicles at the City's four charging stations following the six-month complimentary period; and 3) Approve signage to restrict charging stalls to electric vehicles only; with additional signage at each location advising users of the other location; and limiting the complimentary usage on Pier Avenue to two hours and at the City Hall parking lot to three hours. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 8:17 p.m., the order of the agenda returned to item 4. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS — CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Duclos that the next agenda include a status report on enforcement from the Police Department. • Action: With Council consensus, the request was so ordered. • b. Request from Councilmember DiVirgilio for a report as an agenda item with copies of all communications related to the City Treasurer's search for a new banking contract, including a list of the banks contacted, the information provided to them and their responses. City Attorney Jenkins and Acting City Manager/Finance Director Copeland responded to Council questions. City Treasurer Cohn came forward and said all information was available in his office, noting that one document was sent out to all banks, and 11 banks have responded with proposals. Action: To direct that the requested information be presented as an agenda item at a future Council meeting. Motion DiVirgilio, second Bobko, and supported by Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, May 22, 2012, at the hour of 9:08 p.m. to an Adjourned Regular meeting to be held Monday, June 11, 2012, at 7:00 p.m. City Council Minutes 05-22-12 Page 13451 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL •of the City of Hermosa Beach, California, held on Monday, June 11, 2012, at the hour of 7:03 p.m. PLEDGE OF ALLEGIANCE — Mordy Benjamin ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION Coming forward to address the Council at this time was: Roger Bacon — spoke of a recent accident on Aviation Boulevard at Ralph's Shopping Center; praised Public Works, Police and Fire departments; urged the Council to not eliminate any employees who do a great job. PRELIMINARY BUDGET REVIEW City Clerk Doerfling announced two supplemental items that were received this afternoon and distributed this evening — a letter from Dency Nelson, and a memorandum from Mayor Pro Tem Bobko. III(Several agenda items were taken out of order and are listed as they occurred.) • OVERVIEW OF BUDGET/REVENUE CHANGES AND FIVE-YEAR FORECAST Interim City Manager Jalili said he was pleased to present a balanced budget, due primarily to several prior Council actions — most importantly a multi -pronged strategy that included cuts, targeted outsourcing and revenue enhancements — which, along with a slight improvement in the economy, resulted in a surplus of nearly $2 million, but recommended no major expenditures due to uncertainties with the economy and the oil settlement pending the election. He said years of cutbacks in capital funds and project deferrals have taken their toll, noting that the Council was legally able to make decisions this evening on the sewer system and on the Council requests. Finance Director Copeland made a PowerPoint presentation on the 2012-13 budget including (1) cost reductions, such as the 13% staff decrease, (2) revenue growth in property, sales, and transient occupancy taxes, (3) an increased contingency fund, (4) the insurance fund meeting the $3 million goal for the first time, (5) a 4% increase to the General Fund, (6) $2.5 million for total capital improvements, and (7) current financial condition and five-year forecast (FY 2013-14 through FY 2017-18). Request from Mayor Duclos to consider a contribution to the Santa Monica Bay Restoration Commission. Scott Valor, Government Affairs Director for the Santa Monica Bay Restoration Commission (SMBRC), at the request of Mayor Duclos, came forward to speak on City Council Minutes 06-11-12 Page 13452 Ill the SMBRC's request that the City, along with other cities in the Santa Monica Bay watershed area, participate in a voluntary five-year membership program with the nonprofit Santa Monica Bay Restoration Foundation to help achieve their goal of $600,000 cash reserves, as recommended by auditors and made necessary because most of their funding is in the form of reimbursable grants. He said using a fair -share formula based on the population of cities and their location in the watershed, they requested a $1,500 annual contribution from the City of Hermosa Beach starting in fiscal year 2012-13, and said they looked forward to a continued partnership in efforts to protect, preserve and restore Santa Monica Bay. • • Proposed Action: To approve a $1,500 annual contribution from the City, as requested by the SMBRC, for five years starting FY 2012-13, to support the work of this important agency. Motion Mayor Duclos, second Fishman. The motion failed due to the dissenting votes of Bobko, DiVirgilio and Tucker. Action: To direct staff to bring the item back at a regular meeting with additional information, amended (at the request of DiVirgilio) to include how they arrived at the calculation of $1,500, and internal by-laws about how the money would be used. Motion Mayor Duclos, second Fishman. The motion carried by a unanimous vote. Request from Councilmember Fishman to consider holiday flags on Pacific Coast Highway. Councilmember Fishman said the flags, which are currently funded for Pier Avenue, would be welcomed by the merchants on Pacific Coast Highway (PCH). Finance Director Copeland distributed copies of a budget estimate prepared by Public Works Director Senteno, who came forward responding to Council questions, noting there were flag holders on the PCH street light poles from 15th Street south to First Street. Action: To budget $4,276 for the purchase and installation of 60 flags to be flown on the 4th of July, Veteran's Day and Memorial Day along Pacific Coast Highway between First Street and 15th Street. Motion Fishman, second DiVirgilio. The motion carried, noting the dissenting vote of Tucker, who felt the replacement cost for tattered flags should be factored in. REVIEW OF CAPITAL IMPROVEMENT PROGRAM Public Works Director Senteno reviewed the capital improvement projects and responded to Council questions, noting that leftover funds are carried over from year to year, and that the Safe Route to View School project (CIP #11-179) would be presented to the Public Works Commission in July, with the goal of having the project completed by the end of the year. In response to Council questions, Finance Director Copeland said the Community Center General Improvements (CIP #07-649) project would be handled after the hiring of the new City Manager and the Assistant City Manager, who would oversee the facility. City Council Minutes 06-11-12 Page 13453 • • • Councilmember Fishman requested that future budgets specify what streets are included in Street Improvements — Various Locations (CIP #12-127), recognizing it may not be possible to make all of the proposed improvements, but saying a list of the streets would be helpful for the Council and the residents. Proposed Action: To redirect the donated funds previously used by the City for the Sunset Beach Concerts ($66,466 identified as Beach/Plaza promotions on page 23 of the budget) toward the construction of restrooms at Lot A in conjunction with the trash enclosure project (CIP #07-651). Motion Tucker, second Mayor Duclos. The motion was subsequently withdrawn. Councilmember Tucker then requested that staff report back at a future meeting on the issue, including an estimate of bathroom construction costs. Councilmember Fishman requested that staff include in that report a breakdown of the ancillary costs borne by the City for the now -privately -sponsored Sunset Beach Concerts, including Public Works and Community Resources staffing, as well as public safety services and overtime, and suggested a better use of the money might be to offset those costs that the City incurs for the concerts. In response to Council questions about the need to increase the engineering staff to help accelerate some of the projects, Interim City Manager Jalili suggested holding off on any staff increases until after the projects are prioritized and the new City Manager begins, noting that some departmental restructuring may be needed. RECOMMENDATION REGARDING REPAIR AND MAINTENANCE OF SEWER SYSTEM. Memorandum from Public Works Director Frank Senteno dated June 4, 2012. Public Works Director Senteno presented the staff report and a handout showing annual single-family residence fees per Los Angeles County's Consolidated Sewer Maintenance District (CSMD); spoke of the advantages of annexing the City's sewer system into the CSMD, which is comprised of 38 other cities that have outsourced their sewer repair and maintenance; discussed the process; presented options; and responded to Council questions. Interim City Manager Jalili also responded to Council questions about deferring this item and bringing forward at a later date a comprehensive plan that includes storm drains as well as sewers, urging the Council to act tonight to authorize staff to proceed with the sewers as a first step and consider storm drains at a future date, noting that the sewer process will require multiple meetings. Martin Moreno, Principal Engineer with the Los Angeles County Public Works Maintenance Division, came forward to respond to Council questions regarding the timeline, explaining that after the County reviews the raw footage of the video from the City's sewer study, they would triage the areas based on need, which he City Council Minutes 06-11-12 Page 13454 III estimated would take about 45 days, noting that they would focus more on the areas the consultant rated 4 and 5, with 5 being the worst. Action: To approve the staff recommendation to authorize the City Manager to enter into an agreement with Los Angeles County's Consolidated Sewer Maintenance District (CSMD) to review sewer videos from the 2009 sewer study to identify deficiencies requiring rehabilitation prior to acceptance into CSMD, at an estimated review cost of $25,000, noting that the fee would be part of the overall annexation cost and would not be paid at this time. Motion Fishman, second Tucker. The motion carried by a unanimous vote. Interim City Manager Jalili said staff would provide Councilmembers with periodic status updates. At 9:00 p.m., Councilmember Tucker left the meeting due to a family commitment, noting that he had already provided staff with his budget concerns. Supplemental memorandum from Mayor Pro Tem Bobko recommending putting the City's Parking Enforcement services out to bid. Mayor Pro Tem Bobko noted a correction to his memorandum on the first page, under Background, line 8 of paragraph 2, saying the number 1607 should be 1671. Noting the departure of Councilmember Tucker, he asked how the item could be held over for discussion at the June 12 meeting for consideration by the full Council. City Attorney Jenkins said the item could be carried over by adjourning the meeting to the June 12, 2012 Regular meeting for discussion of this item only. Supplemental request from Mayor Duclos to purchase additional license plate readers (LPRs) to attach to police and parking enforcement vehicles. Mayor Duclos asked the possibility of budgeting additional funds to provide the Police Department with more of these special scanning devices, which have the capacity to read 3,000 license plates per hour and have proven to be very successful on the two police vehicles on which they were installed last year. City Manager Jalili said the devices would be funded with restricted money (not General Fund dollars), and said it would be helpful to have the opportunity to work with the Police Chief to determine how many LPRs would be needed, since they may be of no value on some of the vehicles. Proposed Action: To direct staff to report back identifying where funds might be available to increase the number of these devices in the Police Department budget. Motion Mayor Duclos, second Fishman. The motion was replaced by the following substitute motion. Proposed Action: To direct staff to return at a future meeting with a proposal showing cost, comparables, and actual need for additional LPR devices, along with City Council Minutes 06-11-12 Page 13455 • input from the Police Chief on whether or not this would be the main priority of the department, given the limited funds available. Motion Bobko. The motion was withdrawn and replaced by the following substitute motion. Action: To direct staff to return with an analysis to add the devises to the budget based on cost and need and within the framework of whether or not this is the most important expenditure to the department. Motion DiVirgilio, second Bobko. The motion carried, noting the absence of Tucker. REVIEW OF DEPARTMENT EXPENDITURES Finance Director Copeland, Interim Police Chief Johnson, Community Development Director Robertson and City Clerk Doerfling responded to Council questions. Proposed Action: To remove Fiesta shuttle buses from the budget (Prop A funds, pages 94-95) and have the Chamber of Commerce request funding from the City on an as -needed basis, as other groups would be required to do for special events. Motion Fishman, second Mayor Duclos. The motion failed, noting the dissenting votes of Bobko and DiVirgilio, and the absence of Tucker. Proposed Action: To agendize the issue and invite the Chamber of Commerce to • explain why the $6,000 is needed from the City for the Fiesta shuttle buses over the Memorial Day and Labor Day weekend events. Motion Bobko. The motion died due to the lack of a second. • Mayor Duclos thanked Finance Director Copeland and her staff for their hard work preparing the budget, with a shout -out to Accounting Supervisor Valerie Mohler, who was leaving June 14, 2012 after 28 years with City, noting that she would be greatly missed, had been a wonderful addition to the staff, and was appreciated for all that she had contributed to the City over the years. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach on Monday, June 11, 2012, was adjourned at the hour of 9:40 p.m. to an Adjourned Regular Meeting on Tuesday, June 12, 2012, at the hour of 7:00 p.m., to take place concurrently with the Regular meeting, for the purpose of discussing Mayor Pro Tem Bobko's parking enforcement item, which was not considered tonight and will be inserted at the beginning of the June 12th meeting into an appropriate place on the agenda. City Council Minutes 06-11-12 Page 13456 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 12, 2012, at the hour of 6:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held on May 22, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. THREATENED LITIGATION Government Code Section 54956.9(b)(3) Number of Potential Cases: 1 (Letter dated April 20, 2012 from Marine Shale Processor Site PRP Group offering de minimus settlement of CERCLA claim). 5. EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: Case Number: Kansaku v. City of Hermosa Beach YC059310 (This item was added to the closed session this evening because the issue arose • after the posting of the agenda and required immediate action.) City Council Minutes 06-12-12 Page 13457 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 12, 2012, at the hour of 6:01 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 6:57 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — students Madeline and Elizabeth Weissenberg ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments on this evening's closed session, and one item added to the agenda — a matter of existing litigation pursuant to Government Code Section 54956.9(a), Kansaku v. City of Hermosa Beach, Case No. YC059310. He announced two reportable actions: (1) acceptance of de minimus settlement of CERCLA claim, which the Council approved to avoid litigation; and (2) direction to the City's attorney in the Kansaku case, which the City won, to seek publication of the Court of Appeal's favorable decision. ANNOUNCEMENTS — Councilmember Fishman congratulated the L.A. Kings on their win of the Stanley Cup, said several players lived in Hermosa Beach, and hoped they would attend a Council meeting with the Cup to be officially recognized. Noting the Richstone Family Center's 25th Anniversary Pier -to -Pier Walkathon in April, he displayed a letter thanking the City for its support and framed artwork done by one of the children receiving services from the nonprofit organization. Mayor Duclos officially welcomed former Valley School principal Pat Escalante as Superintendent of the Hermosa School District effective July 1, 2012, and wished her well. He said tonight's meeting would be adjourned in memory of two significant people who passed away in May — Mickey McColgan, who worked with his sons to open a number of Hermosa businesses, including Point 705, Club Sushi and Shark's Cove — and Al Valdes, an institution in the City, a long-time resident and member of the City Council from 1966 to 1974. He extended condolences to both families. PROCLAMATIONS/PRESENTATIONS CERTIFICATE OF RECOGNITION TO VICTORIA MARCHANT MANN ON THE OCCASION OF HER 95TH BIRTHDAY Mayor Duclos presented a Certificate of Recognition to Victoria Marchant Mann, possibly one of the longest living Hermosa Beach homeowners, on the occasion of her 95th birthday, with sincere congratulations and best wishes for many more happy years in the future, noting that a total of seven generations of her family have lived in her home, which was added in 1921 to the property purchased by her grandparents in 1917. City Council Minutes 06-12-12 Page 13458 • • CERTIFICATE OF RECOGNITION TO MACKENZIE AUSTIN, JUNIOR AMBASSADOR FOR THE HERMOSA BEACH SISTER CITY ASSOCIATION Mayor Duclos presented a Certificate of Recognition to Mackenzie Austin, Junior Ambassador for the Hermosa Beach Sister City Association since 2008, in recognition of her true spirit of volunteerism, noting she has been to Loreto six times, either as a chaperone for the Student Exchange Program or as Junior Ambassador, that she attends and helps organize meetings, helps with fundraising, and serves as a mentor to the students participating in the Cultural Exchange Program. CERTIFICATE OF RECOGNITION TO "GRADES OF GREEN" PROGRAM AND CERTIFICATES OF RECOGNITION TO HERMOSA BEACH "GRADES OF GREEN" CHAIRS ELIZABETH RILEY AND GERI SHAPIRO Mayor Duclos presented a Certificate of Recognition to Grades of Green, a parent - run volunteer program first implemented at Manhattan Beach View Elementary School to inspire and raise environmental awareness among children, which has become a non-profit organization whose success has led to numerous awards and national recognition. Accepting the certificate were Grades of Green members Emily Gee, Suzanne Kretschmer, Lisa Coppedge, Kim Martin, Robyn Murphy, Nicole Sevier, Jan Dunbar, and Allie Bussjaeger. Mayor Duclos then presented a Certificate of Recognition to Elizabeth Riley and Geri Shapiro, co-chairs for the Grades of Green Program for the Hermosa Beach School District, thanking them for their community service, including planting native gardens on the Strand with students, reducing non -recyclable trash at the schools by 50%, helping the School District switch to green cleaning supplies, partnering with Republic Services on an anti -littering art contest, and rallying students to speak at Council meetings in favor or banning plastic bags and polystyrene. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Sam Pena - Republic Services, spoke on food vendors, thanked Grades of Green for letting them show their artwork; and George Brown - encouraged the Council to address Bike Master Plan items in the budget, noting two and one-half years had passed since the sharrows were installed. a. Letter from Alice Villalobos, owner of Pawspice (a referral oncology/end of life practice that operates on Tuesdays out of VCA Coast Pet Clinic of Hermosa Beach), requesting an adjustment in business license fees. City Council Minutes 06-12-12 Page 13459 • This item was withdrawn from the agenda by Pawspice, as their situation was satisfactorily resolved by staff. Mayor Pro Tem Bobko's memorandum regarding putting Parking Enforcement services out to bid, which was carried over from the June 11, 2012 meeting for discussion this evening, was inserted into the agenda as item 6.c. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of item 2(e) which was removed from the agenda by Interim City Manager Jalili due to the need for further information. Motion Bobko, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 22, 2012. Action: To approve the minutes of the City Council's Regular meeting held on May 22, 2012. • (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 66807 THROUGH 67031, AND NOS. 9429133 AND 9448278, AND TO APPROVE THE CANCELLATION OF CHECK NO. 65637 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PACIFIC COAST HIGHWAY/AVIATION IMPROVEMENT COMMITTEE MEETING OF MAY 3, 2012. Action: To receive and file the action minutes of the Pacific Coast Highway/ Aviation Improvement Committee meeting of May 3, 2012. (e) RECOMMENDATION TO APPROVE THE EVENTS AND FEE WAIVERS AS REQUESTED BY THE HERMOSA BEACH CHAMBER OF COMMERCE AND THE DOWNTOWN BUSINESS COMMITTEE FOR THE 2ND ANNUAL SUMMER SIDEWALK FESTIVAL ON AUGUST 11 AND 12, 2012 FROM 12:00 P.M. TO 6:00 P.M. AND THE 3RD ANNUAL HOLIDAY SIDEWALK FESTIVAL ON NOVEMBER 17, 2012 FROM 12:00 P.M. TO 8:00 P.M. Memorandum from Interim City Manager John Jalili dated May 23, 2012. City Council Minutes 06-12-12 Page 13460 (f) This item was removed from this evening's agenda by Interim City Manager Jalili due to the need for additional information. RECOMMENDATION TO AWARD THE PURCHASE OF 13 HIGH - EFFICIENCY INDUCTION STREET LIGHTING FIXTURES IN THE AMOUNT OF $17,568.67 TO WALTERS WHOLESALE ELECTRICAL; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGES WITHIN THE APPROVED BUDGET AMOUNT. Memorandum from Public Works Director Frank Senteno dated June 4, 2012. Action: To approve the staff recommendation to: 1) Award the purchase of 13 High -Efficiency Induction Street Lighting Fixtures in the amount of $17,568.67 to Walters Wholesale Electrical; 2) Authorize the Director of Public Works to issue the appropriate purchase documents; and 3) Authorize the Director of Public Works to approve changes within the approved budget amount. 3. CONSENT ORDINANCES — None • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None • 5. PUBLIC HEARINGS a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION OF APRIL 17, 2012 TO APPROVE A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP NO. 71363 FOR A 3 -UNIT RESIDENTIAL CONDOMINIUM AT 1516 MONTEREY BLVD. Memorandum from Community Development Director Ken Robertson dated June 4, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:58 p.m. Coming forward to address the Council on this item were: Monty Williams — applicant and 23 -year Hermosa resident, said he and his best friend/business partner purchased the property two years ago and designed the project to meet City requirements and accommodate the special needs of their families; responded to Council questions; and Jimmy George — business partner, said they were both married with children and the project's design was meant to accommodate the special needs of their families. City Council Minutes 06-12-12 Page 13461 • The public hearing closed at 8:15 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6803, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP FOR A THREE -UNIT CONDOMINIUM AT 1516 MONTEREY BOULEVARD, LEGALLY DESCRIBED AS LOT 8, BLOCK 54, FIRST ADDITION TO HERMOSA BEACH, IN THE CITY OF HERMOSA BEACH, CALIFORNIA," with direction to staff to include in future notices wording that a project will result in the loss of three or more on -street parking spaces in future notices to ensure that neighbors are aware of that fact. Motion Tucker, second Bobko. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. CONSIDERATION OF REQUEST FOR REDUCTION IN BUSINESS LICENSE FEE. Memorandum from Finance Director Viki Copeland dated May 23, 2012. • Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Jenkins also responded to questions. • No one came forward to address the Council on this issue. Action: To table the matter and direct staff to agendize the issue and provide background information at a future meeting about the physical boundaries established for the application of the 20% downtown surcharge. Motion Bobko, second Tucker. The motion carried by a unanimous vote. The meeting recessed at 8:28 p.m. The meeting reconvened at 8:35 p.m. b. FOURTH OF JULY OPERATIONAL PLAN. Memorandum from Interim Police Chief Steve Johnson dated June 5, 2012. Interim Police Chief Johnson presented the staff report and responded to Council questions. Fire Chief Lantzer also responded to Council questions. Action: To approve the Fourth of July operational plan as presented, with direction for staff to have the City's public relations firm prepare an article providing notice in advance of the holiday of the City's zero tolerance policy and strict enforcement of the laws, including fine amounts for violations. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 06-12-12 Page 13462 • • • c. RECOMMENDATION REGARDING REPAIR AND MAINTENANCE OF SEWER SYSTEM. Memorandum from Public Works Director Frank Senteno dated June 4, 2012. This item was approved at the June 11, 2012 Adjourned Regular (budget) meeting and therefore required no action this evening. d. MEMORANDUM FROM MAYOR PRO TEM BOBKO RECOMMENDING THAT THE CITY COUNCIL PUT THE CITY'S PARKING ENFORCEMENT SERVICES OUT TO BID. Supplemental letter from Howard Longacre received June 12, 2012. Mayor Pro Tern Bobko spoke to his request. Interim Police Chief Johnson and City Attorney Jenkins responded to Council questions. Proposed Action: To direct staff to prepare a Request for Proposals (RFP) for Parking Enforcement services, modeled after the RFP used by the City of Newport Beach, to include a detailed scope of services, a staffing plan, an implementation schedule, and cost and revenue estimates, with an explicit condition that the selected private company would offer positions to the City employees currently providing the service. Motion Bobko, second DiVirgilio. The motion was withdrawn. Proposed Action: To direct staff to agendize the issue for discussion at the first meeting in August. Motion Bobko, second DiVirgilio. The motion was replaced by the following subsequent motion. Action: To direct staff to schedule discussion of this matter at the first meeting in September. Motion Tucker, second Bobko. The motion carried, noting the dissenting vote by Fishman. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS — CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 5, 2012. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To re -appoint Doug Collins and Mike Schweid to the Civil Service Board for four-year terms ending July 15, 2016. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-12-12 Page 13463 • Proposed Action: To re -appoint incumbent Planning Commissioners Kent Allen and Ron Pizer to new four-year terms and schedule applicant interviews for the remaining open seat. Motion Duclos. The motion died for lack of a second. Further Action: To schedule Planning Commission applicant interviews for 5:30 p.m. on June 26, 2012 meeting, with the three appointments to follow at the regular meeting. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. Final Action: It was the Council consensus to establish a subcommittee comprised of Mayor Duclos and Councilmember DiVirgilio to work with staff on an appointment process, for Council review prior to making appointments. b. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from Interim City Manager John Jalili dated June 6, 2012. Action: It was the Council consensus to appoint Mayor Duclos as the voting delegate and Mayor Pro Tem Bobko as alternate to represent the City at the League of California Cities Annual Business Meeting scheduled for 12 p.m. Friday, September 7, 2012 during the League's 2012 annual Conference. • 9. OTHER MATTERS - CITY COUNCIL a. Request by Mayor Duclos to require businesses open past midnight to provide security for inside and outside of their establishments. Mayor Duclos said his request arose due to concern about the effect a 13% cut in staff has had on Hermosa Beach, an already lean small city. Proposed Action: To direct the City Attorney to develop an urgency ordinance for Council adoption at the next meeting and effective immediately requiring businesses open after midnight to provide security for inside and outside of their establishments. Motion Mayor Duclos, second Fishman The motion failed due to the lack of a third affirmative vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Al Valdes and Mickey McColgan, on Tuesday, June 12, 2012, at the hour of 9:45 p.m. to an Adjourned Regular meeting to be held Friday, June 16, 2012, at 3:00 p.m. for the purpose of conducting a dosed session. City Clerk City leo ncil Minutes 06-12-12 Page 13464 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Saturday, June 16, 2012, at the hour of 3:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Saturday, June 16, 2012, at the hour of 3:01 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 4:55 p.m., the Closed Session • adjourned to the Adjourned Regular Meeting, which was called to order at 4:56 p.m. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Saturday, June 16, 2012, at the hour of 4:56 p.m. to an Adjourned Regular Meeting of Friday, June 22, 2012, at 5:00 p.m. for the purpose of conducting a closed session to continue discussion of City Manager appointment. City Clerk City Council Minutes 06-16-12 Page 13465 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Friday, June 22, 2012, at the hour of 5:04 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 22, 2012, at the hour of 5:05 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:45 p.m., the Closed Session ii• adjourned to the Adjourned Regular Meeting, which was called to order at 7:46 p.m. • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Friday, June 22, 2012, at the hour of 7:46 p.m. to an Adjourned Regular Meeting of Saturday, June 23, 2012, at 1:00 p.m. for the purpose of conducting a closed session to continue discussion the City Manager appointment. City Council Minutes 06-22-12 Page 13466 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Saturday, June 23, 2012, at the hour of 1:02 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Saturday, June 23, 2012, at the hour of 1:03 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 3:45 p.m., the Closed Session adjourned to the Adjourned Regular Meeting, which was called to order at 3:46 p.m. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Saturday, June 23, 2012, at the hour of 3:46 p.m. to an Adjourned Regular Meeting on Tuesday, June 26, 2012, at 5:30 p.m. for the purpose of conducting a closed session to continue discussion of City Manager appointment, with said closed session to be held concurrently with the already noticed closed session scheduled for discussion of labor negotiations. City Clerk City Council Minutes 06-23-12 Page 13467 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 26, 2012, at the hour of 5:30 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 26, 2012, at the hour of 5:30 p.m. to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 6:20 p.m., the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 26, 2012, at the hour of 6:20 p.m. to the Regular Meeting of Tuesday, June 26, 2012, for the purpose of conducting a closed session scheduled for discussion of labor negotiations. City Cierk • City Council Minutes 06-26-12 Page 13468 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 26, 2012, at the hour of 6:20 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on June 12, 2012; b. Closed Session meeting held on June 16, 2012; c. Closed Session meeting held on June 22, 2012; and d. Closed Session meeting held on June 23, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 26, 2012, at the hour of 6:20 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:02 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:11 p.m. PLEDGE OF ALLEGIANCE — Lisa Santo rum • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None City Council Minutes 06-26-12 Page 13469 • CLOSED SESSION REPORT — City Attorney Jenkins said there were no public comments, the items discussed related to City Manager appointment, which had been continued from the meeting of June 23, 2012, and labor negotiations, with no decisions made on either matter. ANNOUNCEMENTS — City Clerk Doerfling introduced newly appointed Deputy City Clerk Linda Abbott. Mayor Pro Tem Bobko called Maureen Hunt and Matt Bennett of the Chamber of Commerce forward and thanked them for their hard work bringing the Stanley Cup to Hermosa Beach yesterday morning, noting an estimated 10,000 people showed up to view the trophy and participate in a public rally on Pier Plaza to congratulate the Los Angeles Kings on their first championship win. He also thanked Fire and Police department staff for their efforts to make the event happen. Mr. Bennett said the Chamber had to work quickly with the City and the L.A. Kings to pull it off, noting it was a team effort. Ms. Hunt was pleased that they were able to get everything done given the short time frame they had — from Thursday afternoon to Monday morning. Councilmember Tucker congratulated Hermosa Beach resident Sean Rosenthal and his partner Jake Gibb for winning the Federation of International Beach Volleyball 1111 (FIBV) Grand Slam event in Rome, which qualified them to compete in the 2012 Olympics in London, where he hoped they would win the gold medal. Noting the upcoming 4th of July holiday, he urged everyone to obey safety officers and to park their cars as close to the curb as possible to allow emergency vehicle access through the City's narrow streets. Mayor Duclos said he recently attended the Belasco Theatre Company production of "All Shook Up," featuring songs of Elvis Presley and amazing student performances, now playing at the Hermosa Playhouse through July 8, 2012, with more information available at www.belasco.orq. Noting the City's partnership with the Beach Cities Health District and Blue Zones Vitality City, he spoke of a new Mayor's Challenge, in which the three beach cities (Hermosa, Manhattan and Redondo) will compete to be the first one certified as a Blue Zone Project Community. PROCLAMATIONS/PRESENTATIONS CERTIFICATE OF COMMENDATION TO ROBB FULCHER OF EASY READER NEWS Mayor Duclos presented a Certificate of Commendation to former Easy Reader News reporter Robb Fulcher (who covered Hermosa Beach for the past 14 years but recently moved out of the area to be near his family) in recognition of his dedication to thorough, unbiased journalism and the important role he played in the community. The Councilmembers shared their individual experiences and wished Mr. Fulcher well, noting he would be greatly missed at City Hall and throughout the community. City Council Minutes 06-26-12 Page 13470 • Robb Fulcher expressed his appreciation to City officials for their openness, which made his job as a reporter easier, and said he would miss the entire community. PRESENTATION BY CHAMBER OF COMMERCE TO SCHOLARSHIP RECIPIENTS Maureen Hunt, Chamber of Commerce Executive Director, came forward with Board members to present a Hermosa Beach Chamber of Commerce $1,000 scholarship to Elias Rivas, a Mira Costa graduating student with a 3.97 grade point average (GPA). Joined by Mary Ellen Workman, she presented the John Workman Memorial Scholarship of $2,000 to Payton Lee Buckley, a Mira Costa graduating student with a 4.0 GPA. Mrs. Workman also made a brief presentation to Miss Buckley. PRESENTATION BY CITY TREASURER ON THE STATUS OF THE CITY'S INVESTMENTS AND THE NEW INVESTMENT METRIC FOR FIXED INCOME City Clerk Doerfling noted a supplemental document from the City Treasurer that was received June 26, 2012. City Treasurer Cohn referenced his supplemental document on the California School Cash Reserve Program, and presented the status of the City's investments and the new investment metric for fixed income, with the assistance of Andrew Westing of Union Bank, who handled the PowerPoint presentation and also spoke briefly on the current economic situation. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Lisa Santorum — Hermosa Beach resident and Chief Medical Officer of Beach Cities Health District, thanked the City for already meeting much of the criteria for certification as a Blue Zones Project community; expressed her confidence that Hermosa would be the first Beach City to qualify; Maureen Hunt — Hermosa Beach Chamber of Commerce Executive Director, presented five checks totaling $15,577 to Project Touch, Friends of the Parks, Historical Society, Rotary Club, and Amateur Radio Association, the five nonprofit organizations that provided volunteers to work in the Fiesta Beer Garden over Memorial Day weekend, noting that each check includes $615.50 in service tips; and Hank Buffett — Hermosa Beach, said he had turned in resident signatures several months ago in favor of speed humps on Ninth Street between Ocean and Owasso; expressed frustration about the speeding traffic; said the humps were necessary to protect the children (he resubmitted the signatures to Interim City Manager Jalili, who said Public Works Director Senteno would contact him to discuss the issue). City Council Minutes 06-26-12 Page 13471 • • a. Letter from Howard Longacre dated June 17, 2012 regarding 1) revising "Other Matters" procedures; 2) Council and Commission emails and text messaging; 3) pedestrian protection at Pier and Hermosa Avenues; 4) expansion of hours of operation of restaurant/bar business on Aviation Blvd.; 5) residential street paving and maintenance activities; and 6) pedestrian safety at intersection of Pier Avenue and Pacific Coast Highway. City Attorney Jenkins responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h) with the exception of item 2(e), which was removed for discussion in item 4, but is shown in order for clarity: Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 11, 2012. Action: To approve the minutes of the City Council's Adjourned Regular meeting held on June 11, 2012. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 67032 THROUGH 67177, AND NOS. 9459537, 9467926, 390105373, 390105391, 420033396, 420033397, 420033402, 420033403, 9487124 AND 9487131, AND TO APPROVE THE CANCELLATION OF CHECK NO. 67048 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. City Council Minutes 06-26-12 Page 13472 • Action: To receive and file the May 2012 financial reports: 1) revenue and expenditure report; 2) City Treasurer's report; and 3) investment report. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 16, 2012. (f) (g) This item was removed from the consent calendar by Mayor Duclos for separate discussion later in the meeting. Interim City Manager Jalili and City Attorney Jenkins responded to Council questions. Action: To receive and file the action minutes of the Public Works Commission meeting of May 26, 2012. Motion Mayor Bobko, second Tucker. Proposed Action: To amend the above motion to direct staff to provide some direction as to what achievable elements of the plan might be moved over at the appropriate time. Motion Mayor Duclos. The motion died due to the lack of a second. The main motion on the floor carried as proposed by a unanimous vote. RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Interim City Manager John Jalili dated June 12, 2012. Claimant: Murphy, Kevin Date of Loss: 11-30-11 Date Filed: 05-29-12 Allegation: Personal injury Claimant: Webster, Julius and Leticia Date of Loss:11-29-11 Date Filed: 05-23-12 Allegation: Personal injury Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 19, 2012. Action: To receive and file the action minutes of the Planning Commission • meeting of June 19, 2012. City Council Minutes 06-26-12 Page 13473 • (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated June 6, 2012. Action: To receive and file the report giving the status of capital improvement projects that are either under design or construction. At 8:30 p.m., the order of the agenda moved to Public Hearing item 5.c. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(e) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 9:52 p.m., the order of the agenda moved to Other Matters item 9.a. 5. PUBLIC HEARINGS • a. 2011-2012 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2012-2013 BUDGET. Memorandum from Finance Director Viki Copeland dated June 6, 2012. Finance Director Copeland presented the staff report and responded to Council questions. Interim City Manager Jalili, City Attorney Jenkins, and Fire Chief Lantzer also responded to Council questions. The public hearing opened at 8:52 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:52 p.m. Proposed Action: To amend the budget to remove the $6,000 of Prop A funds designated for Fiesta shuttle buses, with the Chamber of Commerce requesting funds as other groups are required to do for their special events. Motion Fishman, second Tucker. The motion was replaced by the following substitute motion. Action: To amend the budget to reduce the $6,000 of Proposition A funds designated for the Fiesta shuttle buses to $3,000 to accommodate the 2012 Labor Day weekend event, with the remaining $3,000 placed in the general pool of Prop A funds, requiring the Chamber of Commerce to request shuttle bus funding at the time future Fiesta events are presented for Council approval; and to approve the staff recommendation to: City Council Minutes 06-26-12 Page 13474 • 1) Adopt Resolution No. 12-6807, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2012-2013" as amended above; 2) Adopt Resolution No. 12-6808, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING GENERAL FUND COMMITMENTS OF FUND BALANCE FOR FISCAL YEAR 2012-13"; and 3) Approve contracts with Environmental Compliance Inspection Services (ECIS), Hartzog & Crabill, Inc., Kathleen McGowan, Project Partners, and MBF Consulting, Inc. for the services, terms and dollar amounts specified in the staff report. Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting vote by Bobko. (2) ADOPTION OF 2012-2013 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 19, 2012. Finance Director Copeland presented the staff report and responded to Council questions. The public hearing opened at 9:27 p.m. As no one came forward to address the • Council on this item, the public hearing closed at 9:27 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6809, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2012-2013." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 9:28 p.m., the order of the agenda moved to Municipal Matter item 6.a. b. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2012. Memorandum from Interim City Manager John Jalili dated June 18, 2012. Supplemental tax lien update received June 26, 2012. Interim City Manager Jalili presented the staff report and responded to Council questions. The public hearing opened at 8:45 p.m. Coming forward to address the Council on this item were: Sam Pena — Consolidated Disposal Services, said the Pier Avenue shared accounts (numbers 63-69 and 76 on the June 19 list of delinquent customers), would be taken off for individual handling due to the City Council Minutes 06-26-12 Page 13475 • • special circumstances; said property owners who have already paid or who make their payments before the deadline would also be removed from the list; and Athanasios Zevqaras — owner of Scotty's Restaurant, said he was #76 on the list and wanted to confirm that his account was among those to be removed from the list at this time. The public hearing closed at 8:45 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6805, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM CONSOLIDATED DISPOSAL SERVICE AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES (168.86 — HERMOSA BCH DEL REFUSE CDS)," with the removal of shared accounts (items 63-69 and 76) from the list, along with all customers who pay before the deadline. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. At 8:46 p.m., the order of the agenda moved to Public Hearing item 5.d. c. CONSIDERATION OF RESOLUTION APPROVING CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO BIJOU BUILDING, A HISTORICAL LANDMARK, FOR A MASTER SIGN PROGRAM FOR MULTIPLE TENANTS INCLUDING MODIFICATION OF AWNINGS AT 1221-1227 HERMOSA AVENUE. Memorandum from Community Development Director Ken Robertson dated June 19, 2012. Supplemental report and revised resolution received June 26, 2012 from staff. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 8:39 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:39 p.m. Action: To approve the staff recommendation to adopt revised Resolution No. 12-6804, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CERTIFICATE OF APPROPRIATENESS FOR AN ALTERATION TO THE BIJOU BUILDING, A DESIGNATED HISTORIC LANDMARK, FOR A MASTER SIGN PROGRAM FOR MULTIPLE TENANTS INCLUDING MODIFICATION OF AWNINGS AT 1221-1227 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 14-18, BLOCK 13, HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. At 8:40 p.m., the order of the agenda moved to Public Hearing item 5.b. City Council Minutes 06-26-12 Page 13476 • • • d. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2012-2013 FOR THE FISCAL YEAR BEGINNING JULY 1, 2012, AND ENDING JUNE 30, 2013. Memorandum from Public Works Director Frank Senteno dated June 13, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. The public hearing opened at 8:50 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:50 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6806, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2012-2013." Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. At 8:51 p.m., the order of the agenda moved to Public Hearing item 5.a. 6. MUNICIPAL MATTERS a. CONSIDERATION TO PARTICIPATE IN FUNDING OPERATION OF THE BEACH CITIES TRANSIT (BCT) ROUTE 109 LINE WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH AT A COST OF $12,415 FROM PROPOSITION A FUNDS. Memorandum from Community Development Director Ken Robertson dated June 19, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Joyce Rooney — Redondo Beach Transit Manager, spoke of a comprehensive analysis performed over the past year and discussed some of the planned service improvements, such as tightening the time schedule to every 30 minutes and adding more service hours; said expansion plans include adding southbound service from LAX to the Metro Green Line at the Douglas Station, and driving closer to Manhattan Village Mall by detouring service to Park View from an eastbound direction along Rosecrans Avenue; said they were targeting the end of summer for the improvements to be made, and noted the outreach programs they would undertake; responded to Council questions, noting the cost reduction this year for the four cities. City Council Minutes 06-26-12 Page 13477 • • Action: To approve the staff recommendation to: 1) Approve participation for the 2012-13 fiscal year along with the other cities and direct the Mayor to sign the agreement on behalf of the City; and 2) Approve the expenditure of $12,415 for the 2012-13 fiscal year from Proposition A funds. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SET A DATE FOR A STUDY SESSION TO RECEIVE PRESENTATIONS FROM SOLID WASTE PROPOSERS ON WEDNESDAY, JULY 11, 2012 AT 7:00 P.M. Memorandum from Interim City Manager John Jalili dated June 22, 2012. City Manager Jalili presented the staff report and responded to Council questions, recommending a start time of 6 p.m. instead of 7 p.m. Action: To approve the staff recommendation to set the date of Wednesday, July 11, 2012 at 6 p.m. to conduct a study session to receive presentations from the solid waste proposers. Motion Mayor Duclos, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — EXPIRATION OF TERMS — RESCHEDULE PLANNING COMMISSION APPLICANT INTERVIEWS. Memorandum from City Clerk Elaine Doerfling dated June 20, 2012. City Clerk Doerfling presented the report and responded to Council questions. Mayor Duclos said he would be absent from the July 10, 2012 meeting and requested scheduling the interviews for July 24, 2012. Action: To reschedule the Planning Commission applicant interviews to 5:30 p.m. Tuesday, July 24, 2012, with appointments for the three seats to follow at the regular meeting. Motion Mayor Duclos, second Tucker. The motion carried by a unanimous vote. 0 At 9:47 p.m., the order of the agenda moved to item 4 to consider item 2(e), which had been removed from the consent calendar. City Council Minutes 06-26-12 Page 13478 • 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to direct staff to ask Edison for a report on the power outage that occurred on Sunday, June 17, 2012 and to do a study to see if there is an ample supply of electricity to supply the area as the system is old and, with all the building activity, improvements to the system need to be addressed. Councilmember Tucker spoke to his request. Action: To direct staff to ask Edison to report back on the June 17 electrical failure, and to analyze and address needed upgrades and improvements to the aging system, which is impacting the City's residents and businesses. Motion Tucker, and unanimously supported ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, June 26, 2012, at the hour of 9:54 p.m. to the Regular meeting of Tuesday, July 10, 2012. City;Clerk • City Council Minutes 06-26-12 Page 13479 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, July 3, 2012, at the hour of 8:01 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 3, 2012, at the hour of 8:02 a.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 9:40 a.m., the Closed Session • adjourned to the Special Meeting, which was called to order at 9:40 a.m. • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 3, 2012, at the hour of 9:41 a.m. to the Regular Meeting of Tuesday, July 10, 2012. City Council Minutes 07-03-12 Page 13480 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, July 10, 2012, at the hour of 6:30 p.m. ROLL CALL: Present: DiVirgilio, Fishman, Tucker, Mayor Pro Tern Bobko Absent: Mayor Duclos ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on June 22, 2012; b. Closed Session meeting held on June 26, 2012 at 5:30 p.m.; c. Closed Session meeting held on June 26, 2012 at 6:00 p.m.; and d. Closed Session meeting held on July 3, 2012. 3. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 • Title: City Manager • 4. THREATENED LITIGATION Government Code Section 54956.9(b) Number of Potential Cases: 1 (This item was unanimously added to the closed session this evening because the issue arose after the posting of the agenda and required immediate action.) ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned Tuesday, July 10, 2012, at the hour of 6:30 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 7:00 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE — Ken Hartley ROLL CALL: Present: DiVirgilio, Fishman, Tucker, Mayor Pro Tern Bobko Absent: Mayor Duclos City Council Minutes 07-10-12 Page 13481 • CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments. He said a matter of threatened litigation regarding the denial of an application for a commercial parking lot on Hermosa Avenue was added to this evening's agenda and that the Council acted on the matter by extending the tolling of the statute of limitations for an additional year to July 2013. He said no action was taken this evening on the public employee appointment item and that the matter had been continued to an adjourned meeting on July 11, 2012 at 5 p.m. ANNOUNCEMENTS — Councilmember DiVirgilio spoke about complaints received regarding this year's 4th of July holiday and suggested that staff report back with a proposal to hire a team of policing experts/consultants to help the City prepare for next year, when the holiday will fall on a Thursday, thereby creating a four-day weekend celebration. He agreed to bring the matter up later under Other Matters. PROCLAMATIONS/PRESENTATIONS PRESENTATION BY BEACH CITIES HEALTH DISTRICT REGARDING THE CITY'S CERTIFICATION AS A BLUE ZONES PROJECT CITY Lauren Nakano, Vitality Cities Blue Zones Project Director, Hermosa Beach resident, and 18 -year Beach Cities Health District employee, submitted information, explained the Blue Zones certification process, applauded the City's successes to date, spoke of what it would take to get certification as the first Blue Zones community, noted the significant rewards of achieving certification, and outlined some of the next steps. Katie McClure of Healthways, project colleague with Ms. Nakano, said achieving certification will require efforts by the City through its policies and as an employer, as well as efforts by citizens, schools and businesses; said Hermosa has made great progress and is leading the national movement because of its strong leadership and broad community involvement. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Dency Nelson — Hermosa Beach, said by installing electric vehicle charging stations, the City is once again leading the way; said Plug in America has utilized national advertisements to invite electric vehicle drivers to come to Hermosa to charge, shop and dine; said the Electric Auto Association's newsletter Current Events included a prominently displayed article touting all of the City's green measures to date; and Stephone Paige — Waste Management Community Relations Manager, thanked the City for the opportunity to submit a proposal for trash and recycling services; asked to be invited back into the process if the City decides to request best and final proposals or consider an extension. City Council Minutes 07-10-12 Page 13482 a. Letter from Howard Longacre dated July 1, 2012 regardinq several • matters within Council's jurisdiction. • • No one came forward to address the Council on this item. Action: To receive and file the letter. Motion Tucker, second Fishman. The motion carried, noting the absence of Mayor Duclos. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h). Motion Tucker, second Fishman. The motion carried, noting the absence of Mayor Duclos. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on June 12, 2012; 2) Adjourned Regular meeting held on June 16, 2012 3) Adjourned Regular meeting held on June 22, 2012; and 4) Adjourned Regular meeting held on June 23, 2012. Action: To approve the minutes of the City Council's Regular meeting of June 12, 2012 and the Adjourned Regular meetings of June 16, June 22, and June 23, 2012. (Mayor Duclos absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 67178 THROUGH 67340, AND NOS. 9505550 AND 9526114, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 66918 AND 67115 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Mayor Duclos absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (Mayor Duclos absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF MAY 7, 2012. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 7, 2012. (Mayor Duclos absent) City Council Minutes 07-10-12 Page 13483 (e) RECOMMENDATION TO DENY THE APPLICATION FOR LEAVE TO • PRESENT A LATE CLAIM BASED ON THE FINDINGS THAT NO EVIDENCE WAS PRESENTED IN THE APPLICATION THAT WOULD EXPLAIN OR JUSTIFY THAT THE CLAIM WAS NOT PRESENTED THROUGH MISTAKE, INADVERTENCE, SURPRISE OR EXCUSABLE NEGLECT, AND THE PUBLIC ENTITY WAS NOT PREJUDICED IN ITS DEFENSE OF THE CLAIM BY "THE FAILURE TO PRESENT THE CLAIM WITHIN THE TIME SPECIFIED IN SECTION 911.2." [GOVERNMENT CODE, SECTION 911.61. Memorandum from Interim City Manager John Jalili dated June 27, 2012. • • (f) (g) Action: To approve the staff recommendation to deny the application for leave to present a late claim based on the findings that no evidence was presented in the application that would explain or justify that the claim was not presented through mistake, inadvertence, surprise or excusable neglect, and the public entity was not prejudiced in its defense of the claim by "the failure to present the claim within the time specified in Section 911.2." [Government Code, Section 911.6]. (Mayor Duclos absent) RECOMMENDATION TO AUTHORIZE CONTRACT AWARD FOR FIRE APPARATUS PREVENTATIVE MAINTENANCE NOT TO EXCEED $30,000 TO VALLEY POWER SYSTEMS, INC. OF CITY OF INDUSTRY. Memorandum from Fire Chief David Lantzer dated July 2, 2012. Action: To approve the staff recommendation to authorize contract award for fire apparatus preventative maintenance not to exceed $30,000 to Valley Power Systems, Inc. of City of Industry. (Mayor Duclos absent) RECOMMENDATION TO APPROVE EVENTS AND FEE WAIVERS AS REQUESTED BY THE HERMOSA BEACH CHAMBER OF COMMERCE AND THE DOWNTOWN BUSINESS COMMITTEE FOR THE 2ND ANNUAL SUMMER SIDEWALK FESTIVAL ON AUGUST 11 AND 12, 2012, FROM 12:00 P.M. TO 6:00 P.M., AND THE 3RD ANNUAL HOLIDAY SIDEWALK FESTIVAL ON NOVEMBER 17, 2012, FROM 12:00 P.M. TO 8:00 P.M. Memorandum from Interim City Manager John Jalili dated July 3, 2012. Action: To approve the staff recommendation to approve events and fee waivers as requested by the Hermosa Beach Chamber of Commerce and the Downtown Business Committee for the 2nd Annual Summer Sidewalk Festival on August 11 and 12, 2012 from 12:00 p.m. to 6:00 p.m. and the 3rd Annual Holiday Sidewalk Festival on November 17, 2012 from 12:00 p.m. to 8:00 p.m. (Mayor Duclos absent) (h) RECOMMENDATION TO ACCEPT WORK BY CT & F, INC. OF BELL GARDENS, CALIFORNIA FOR PROJECT NO. CIP 10-137 VALLEY SCHOOL TRAFFIC SIGNAL IMPROVEMENT PROJECT; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE RETENTION PAYMENT TO CT & F, INC. (10% OF City Council Minutes 07-10-12 Page 13484 • • THE TOTAL CONTRACT AMOUNT IS RETAINED FOR RELEASE 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Frank Senteno dated July 3, 2012. Action: To approve the staff recommendation to: 1) Accept the work by CT & F, Inc. of Bell Gardens, California for Project No. CIP 10-137 Valley School Traffic Signal Improvement Project; 2) Authorize the Mayor to sign the Notice of Completion; and 3) Authorize staff to release retention payment to CT & F, Inc. (10% of the total contract amount is retained for release 35 days following filing of Notice of Completion). (Mayor Duclos absent) 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS a. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF -CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP), PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Ken Robertson dated July 2, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. The public hearing opened at 7:37 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:37 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6810, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM IMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion DiVirgilio, second Tucker. The motion carried, noting the absence of Mayor Duclos. 6. MUNICIPAL MATTERS a. PUBLIC ACCESS DEFIBRILLATION (PAD) PROGRAM. Memorandum • from Fire Chief David Lantzer dated July 3, 2012. City Council Minutes 07-10-12 Page 13485 • Fire Chief Lantzer presented the staff report and responded to Council questions. • Coming forward to address the Council on this item was: Ken Hartley - Hermosa Beach, used one of the devices to demonstrate how simple it is to use, noting it talks the user through each step and is fully automated to shock cardiac arrest victims as needed; acknowledged the individuals and organizations whose donations made possible the purchase of 10 automatic external defibrillator (AED) devices. Action: To approve the staff recommendation to authorize the City Manager to sign the Agreement of Responsibilities for Public Access Defibrillation Program with Torrance Memorial Medical Center. Motion Fishman, second Tucker. The motion carried, noting the absence of Mayor Duclos. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember DiVirgilio to rescind City Council's June 26, 2012, direction to withhold Prop A funds for Fiesta buses as the City is in the middle of a five-year contract that specifically commits to using Prop A funds. Councilmember DiVirgilio spoke to his request. Action: To direct staff to rescind the above -noted Council action. Motion DiVirgilio, supported by Bobko. The motion failed due to the lack of a third affirmative vote. (Although consideration of this item occurred after the following item, which was added this evening to the agenda, it is shown in order for clarity.) b. Request from Councilmember DiVirgilio to direct staff to prepare a comprehensive proposal for handling next year's 4th of July holiday, to be agendized for Council review and consideration. (This item was added this evening under Announcements and, although it was the first Other Matter considered at the meeting, it is shown in order for clarity.) • Councilmember DiVirgilio spoke to his request. Interim City Manager Jalilli responded to Council questions. City Council Minutes 07-10-12 Page 13486 • • • Action: To direct staff to begin preparation of a comprehensive plan that deals with all issues related to the 4th of July in the future, including the vacation rental of homes along The Strand, for City Council review and consideration at a meeting following the submittal by the Fire Chief and Police Chief of their reports with regard to this year's holiday. Motion DiVirgilio, supported by Bobko and Fishman. (Mayor Duclos absent) ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned Tuesday, July 10, 2012, at the hour of 8:06 p.m. to an Adjourned Regular meeting at 5:00 p.m. on Wednesday, July 11, 2012, for the purpose of conducting a closed session to continue the City Council's discussion on the City Manager Appointment item, to be followed at 6:00 p.m. by the Adjourned Regular Meeting already scheduled for the purpose of conducting a study session for the review and discussion of proposals to provide Integrated Solid Waste Management Services (trash and recycling services) in the City of Hermosa Beach. City Clerk City Council Minutes 07-10-12 Page 13487 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of • the City of Hermosa Beach, California, held on Wednesday, July 11, 2012, at the hour of 5:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 11, 2012, at the hour of 5:00 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:05 p.m., the Closed Session • adjourned to the Adjourned Regular Meeting. • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 11, 2012, at the hour of 6:05 p.m. to an Adjourned Regular Meeting that had been scheduled for 6:00 p.m. on the same date for the review and discussion of proposals for recycling services. City Council Minutes 07-11-12 Page 13488 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Wednesday, July 11, 2012, at the hour of 6:08 p.m. PLEDGE OF ALLEGIANCE — Pat Love ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the July 10, 2012, closed session had been adjourned to this evening at 5:00 p.m. for continued discussion on the public employee (city manager) appointment, noting no public comments and no reportable action taken. PUBLIC PARTICIPATION — Public participation was deferred until after the three firms presented their proposals. STUDY SESSION FOR REVIEW AND DISCUSSION OF PROPOSALS TO PROVIDE INTEGRATED SOLID WASTE MANAGEMENT SERVICES (TRASH AND RECYCLING SERVICES) IN THE CITY OF HERMOSA BEACH. Memorandum from Community Development Director Robertson dated July 2, 2012. Supplemental memorandum from Interim City Manager Jalili received July 11, 2012. Community Development Director Robertson presented the staff report, noting it had been prepared in collaboration with the other staff members involved in the process; said Waste Management's proposal was not included for consideration because it was deemed by the staff team to be outside the range. He responded to Council questions. Lisa Keating, project manager with HF&H Consultants, LLC (the City's consultant), said residents currently provide their own refuse carts, the hauler provides recycling containers, and an unlimited amount of both are collected for one flat fee; and that the purpose of tonight's meeting was to review the proposals and proposer qualifications and consider residential collection options: Option 1 — a "pay as you throw" system, for separate collection of refuse and recyclables in hauler -provided carts with the cost based on the size and number of refuse carts provided; and Option 2 — a manual single stream system, with the combined collection of refuse and recyclables (to be separated later at a material recovery facility) in an unlimited amount of customer -provided containers for a flat monthly rate. She made a PowerPoint presentation providing background information, key contract terms (e.g., diversion rates) and service enhancements (e.g., opt -in green waste), and proposed residential and commercial rates. Each of the three companies was given 15 minutes to make their presentations. Coming forward to present the proposal from Consolidated Disposal Service (CDS - a subsidiary of Republic Services, Inc., and the City's current provider) and respond City Council Minutes 07-11-12 Page 13489 • • to Council questions were Area President Kurt Bratton, General Manager James Castro, Division Municipal Manager Sam Pena, and Municipal Relationship Manager Vanessa Mapula. Gary Clifford, Chief Operating Officer for Athens Services, invited his staff members forward to introduce themselves, then presented their proposal and responded to Council questions. Tim Fry, General Manager of Crown Disposal Co., Inc., introduced members of his team and, along with Customer Service Manager Karen Sandvig, presented their proposal and responded to Council questions. HF&H Consultants Lisa Keating and Laith Ezzet responded to Council questions. Members of the public were invited forward to make comments at this time. Coming forward to address the Council at this time were the following Hermosa Beach students: Shay Antley - Valley School, 9 -year-old 4th grader, spoke of the fairness of "pay as you throw," which rewards those who reduce their trash output; Lisa Alley - View School, 7 -year-old 2nd grader, stressed the importance of efforts to reduce the amount of trash; Cara Canty - View School, 7 -year-old 2nd grader, said utility costs are based on usage amount, and trash should be treated the same; Dahlia Friast - Valley School, 8 -year-old 3rd grader, said the local landfill is nearly full and a site further away means more pollution and gas use; Ty Garmoe - Valley School, 9 -year-old 4th grader, said it would not be fair to charge everyone the same regardless of how much trash is generated; Josh (no last name given) - View School, 7 -year-old 2nd grader, said many recyclables would become contaminated if mixed in with trash; Michael Hendrex - Valley School, 10 -year-old 4th grader, spoke of the value of recycling, calling it the first step in taking care of the Earth; and Max Reilly - Valley School, 4th grader, urged composting and having a food - waste program; said food decomposing in a landfill creates methane. Speakers were asked to acknowledge if they are employed or compensated by any of the proposers. Coming forward to address the Council at this time were: Pat Love - Hermosa Beach, said Crown Disposal appears to be the most eco -friendly company for a green city such as Hermosa Beach; Jolene Blaise - Cantina Real, expressed concern with the porter system and the odor/visual problems with trash spilling over the cans behind Pier Plaza businesses due to transients and those seeking recyclables; Craig Cadwallader - Surfrider Foundation, asked that the companies address what they do with plastic bags, if polystyrene food containers are ever recycled, and if any of the material is sent off -shore to other countries; Mitchell Miller - Hermosa Beach, spoke of the quality of the current service and commended the drivers, noting that his 6 -year-old son refers to their driver Elmer as his friend; City Council Minutes 07-11-12 Page 13490 • • Allie and Lance (last name indistinct) - Hermosa Beach, after Allie stressed the importance and fun of recycling, her father said the current hauler did a fine job and thought the issue of people rummaging through the trash and recyclables should be addressed; Jeff Cracknell - Hermosa Beach, spoke in support of the current provider's proposal for curbside pick-up of e -waste and batteries; Kathleen Madlin - Hermosa Beach resident, Redondo Beach teacher, and avid recycler, said the current provider had a good track record; said she appreciated their involvement with the schools and the community; Clayton Shepherd - Hermosa Beach, spoke in support of CDS and option #2, which is cost predictable and allows for more refuse on occasion; said his trash enclosure accommodate his 55 -gallon containers Hany Fanqary - Hermosa Beach, said CDS does a good job; said the City should be run as a community, not as a business; was not satisfied with Athens' street sweeping service, as the trucks are driven too fast; Judy Liber - Hermosa Beach, had no complaints about the current hauler; said the amount of trash she had varied; said she had to sweep in front of her garage after the street sweeper; Dino Capaldi - Hermosa business owner, said his experience with CDS has been wonderful; said they have been very responsive and have quickly replaced trash cans when needed due to odors or graffiti; Rhonda Ericson - Hermosa Beach, spoke in support of CDS; said she did not want to be limited to the size and number of cans, due to space issues and the weight of the cans; Dency Nelson - Hermosa Beach, supported separate recycling carts and the green waste opt -in; said a pay -as -you -throw system was fair and would reduce the amount of waste; said diversion rates were very important; JR Reviczkv - Hermosa Beach, said a bin for the annual toy drive should be specified in the contract; questioned the use of automated pick-up of cans due to the City's narrow streets and parking issues; said rummagers have climbed over his fence to get to his recyclables if his cans are not at the curb; said service is important; Susan Christie - Hermosa Beach, spoke highly of the current hauler; spoke of how the drivers always helped her elderly mother; said she valued the service from CDS; and Lisa Ryder - a Waste Management consultant speaking tonight as a resident and former Green Task Force member, said pay -as -you -throw is the way of the future, already used by more than 7,000 cities and counties; said good outreach would be vital to help change behaviors. (Councilmember Fishman left the meeting at 8:28 p.m.) City Attorney Jenkins responded to Council questions about touring the facilities, and advised Councilmembers to announce any ex parte discussions at the start of the upcoming public hearing. The Council directed a report back on several issues, including: adding a provision that the hauler provide annual toy drive bins; information on how an automatic waste City Council Minutes 07-11-12 Page 13491 • • • pickup would work with cars parked on the City's narrow streets; the addition of six trash overflow days per year, to accommodate holidays, birthdays parties, and other events; and input from the service providers based on their experience and how they have helped other cities resolve the problem of people rummaging through the carts for recyclables. Action: To approve the staff recommendation to set a public hearing on the issue of integrated solid waste management services for July 24, 2012. Motion DiVirgilio, second Tucker. The motion carried, noting the absence of Fishman. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 11, 2012, at the hour of 8:48 p.m. to an Adjourned Regular Meeting at 5:30 p.m. on Tuesday, July 24, 2012, for the purpose of conducting interviews of Planning Commission applicants. City Clerk /tQiteetD City Council Minutes 07-11-12 Page 13492 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of III the City of Hermosa Beach, California, held on Tuesday, July 17, 2012, at the hour of 8:00 a.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Mayor Duclos Absent: Tucker PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 17, 2012, at the hour of 8:00 a.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 8:45 a.m., the Closed Session III adjourned to the Adjourned Regular Meeting. • ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 17, 2012, at the hour of 8:45 a.m., to a Special Meeting on the same date at the hour of 6:00 p.m. for the purpose of conducting a closed session on the matter of public employee appointment. City Council Minutes 07-17-12 Page 13493 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 17, 2012, at the hour of 6:00 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 17, 2012, at the hour of 6:00 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:45 p.m., the Closed Session adjourned to the Special Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT — The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 17, 2012, at the hour of 6:45 p.m. to a Special Meeting to be held on Thursday, July 19, 2012 at the hour of 7:30 a.m. for the purpose of conducting a closed session on the matter of public employee appointment. • City Council Minutes 07-17-12 Page 13494 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Thursday, July 19, 2012, at the hour of 7:30 a.m. ROLL CALL: Present: None Absent: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos PUBLIC PARTICIPATION: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager The Special meeting of July 17, 2012, had been adjourned to this meeting, which was subsequently cancelled. ADJOURNMENT — Due to the lack of a quorum, the Special Meeting of the City Council of the City of Hermosa Beach was adjourned on Thursday, July 19, 2012, at the hour of 8:01 a.m., to an Adjourned Regular Meeting to be held on Tuesday, July 24, 2012 at the • hour of 5:30 p.m., for the purpose of conducting interviews of the Planning Commission applicants. • City Council Minutes 07-19-12 Page 13495 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Tuesday, July 24, 2012, at the hour of 5:35 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None INTERVIEWS OF PLANNING COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Ron Pizer Kent Allen Michael Flaherty Rob Saemann Hany Fangary (Applicant Daniel Marinelli did not attend the interviews due to a prior work commitment.) The interviewed applicants were advised that the City Council would make the appointments at the regular meeting later that evening. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 24, 2012, at the hour of 6:35 p.m. to the Regular meeting's closed session that had been scheduled to begin at the hour of 6:15 p.m. City Council Adjourned Minutes 7-24-12 Page 13496 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, July 24, 2012, at the hour of 6:25 p.m. • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on July 10, 2012 at 6:30 p.m.; b. Closed Session meeting held on July 11, 2012 at 5:00 p.m.; c. Closed Session meeting held on July 17, 2012 at 8:00 a.m. d. Closed Session meeting held on July 17, 2012 at 6:00 p.m.; and e. Closed Session meeting held on July 19, 2012, at 7:30 a.m. 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: City of Hermosa Beach v. Hitchcock Case Number: YC067202, LA Co. Superior Court -Southwest District 4. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 24, 2012, at the hour of 6:25 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:02 p.m. • PLEDGE OF ALLEGIANCE — Interim Police Chief Steve Johnson City Council Minutes 07-24-12 Page 13497 ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said the result of the public employee (city manager) appointment discussions at the Closed Sessions of July 11 at 5 p.m., July 17 at 8 a.m., July 17 at 6 p.m., and July 19 at 7:30 a.m. (scheduled but not held) appeared on tonight's agenda as a Municipal Matter. He noted no public comments or reportable actions for this evening's Closed Session. ANNOUNCEMENTS — Councilmember DiVirgilio spoke of the passing of long-time resident Jean Lombardo and asked that tonight's meeting be adjourned in her memory. Noting that she was one of the first members on the City's Public Works Commission, he spoke of his experience as a Commissioner serving with her in developing a handicapped parking policy, and said he would miss her. Councilmember Tucker said Ms. Lombardo was a great friend and was instrumental in the community as a member of the Woman's Club and other organizations. He said the stop sign at the Longfellow/Highland intersection would always remind him of her, voiced appreciation for all that she did and said she would be greatly missed. Mayor Pro Tem Bobko said he, Mayor Duclos and City Attorney Jenkins attended the recent Independent Cities Association (ICA) Seminar; reported on a discussion about how the earthquake in Japan had become a case study on the reaction by communities to such a disaster, adding that the session included a simulated earthquake; and urged residents to plan ahead and keep emergency supplies on hand since it might take days for disaster assistance to arrive. Mayor Duclos said the theme of the ICA Seminar was disaster preparedness, and spoke of an event last year with high winds at 75 miles per hour lasting for 10-12 hours and causing significant damage, noting the importance of the reverse -911 system and special eyeglasses for police in such a disaster. He then announced the upcoming Shakespeare by the Sea performances in Valley Park, featuring "Romeo and Juliet" on Wednesday and "The Two Gentlemen of Verona" on Thursday. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Dency Nelson — Hermosa Beach, invited all to the Shakespeare by the Sea performances at 7 p.m. in Valley Park, featuring "Romeo and Juliet" on July 25, and "The Two Gentlemen of Verona" on July 26, noting that this was the event's 12th year in Hermosa Beach; thanked the Kiwanis Club, Woman's Club, Consolidated Disposal and others who donated funds to keep the program free to the public, and Pat Love — Hermosa Beach, announced that the memorial service for Jean Lombardo would take place at 4 p.m. on August 4; invited everyone to City Council Minutes 07-24-12 Page 13498 111 the Key Club Car Wash on Saturday from 9 a.m. to 3 p.m., where Mira Costa and Redondo Union High School students will accept donations. • • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n). Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on June 26, 2012; 2) Regular meeting held on June 26, 2012; and 3) Special meeting held on July 3, 2012. Action: To approve the City Council minutes of the Adjourned Regular meeting of June 26, 2012, the Regular meeting of June 26, 2012, and the Special meeting of July 3, 2012, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 67341 THROUGH 67526 AND 9556240, AND TO APPROVE CANCELLATION OF CHECK NOS. 66980 AND 67349 AS RECOMMENDED BY THE CITY TREASU RER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the May 2012 financial reports: 1) revenue and expenditure report; 2) City Treasurer's report; and 3) investment report. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Interim City Manager John Jalili dated July 17, 2012. Claimant: Haggerton, Stefanie (on behalf of Amanda Sullivan) Date of Loss: 02-02-12 Date Filed: 06-02-12 Allegation: Personal injury City Council Minutes 07-24-12 Page 13499 Action: To deny the claim and refer it to the City's Liability Claims • Administrator, as recommended by staff. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 25, 2012. (g) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 25, 2012. RECOMMENDATION TO AUTHORIZE THE FIRE CHIEF TO SIGN THE MEMORANDUM OF UNDERSTANDING FOR THE TRANSFER OF DUEL BAND RADIOS BETWEEN THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY OF HERMOSA BEACH FIRE DEPARTMENT. Memorandum from Fire Chief Lantzer dated July 17, 2012. Action: To authorize the Fire Chief to sign the Memorandum of Understanding for the Transfer of Duel Band Radios between the Consolidated Fire Protection District of Los Angeles County and the City of Hermosa Beach Fire Department, as recommended by staff. (h) RECOMMENDATION TO APPROVE THE SUBRECIPIENT AGREEMENT • BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH FOR THE 2011 STATE HOMELAND SECURITY GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ASSOCIATED EXHIBITS; AUTHORIZE THE APPROPRIATION OF $83,696 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE FIRE AGENCIES INTEROPERABLE INFORMATION SHARING SYSTEM PROJECT ($75,000) AND REIMBURSABLE OVERTIME COSTS OF SENDING FIRE PERSONNEL TO TRAINING FOR TERRORISM LIAISON OFFICER ($8,696) FOLLOWING RECEIPT BY THE CITY OF THE EXECUTED AGREEMENT FROM THE COUNTY OF LOS ANGELES. Memorandum from Fire Chief Lantzer dated July 16, 2012. • Action: To approve the staff recommendation to: 1) Approve the Subrecipient Agreement between the County of Los Angeles and the City of Hermosa Beach for the 2011 State Homeland Security Grant and authorize the City Manager to execute the Agreement and associated exhibits; and 2) Authorize the appropriation of $83,696 and the corresponding estimated revenue to the Grant Fund for the Fire Agencies Interoperable Information Sharing System Project ($75,000) and reimbursable overtime costs of sending fire personnel to training for Terrorism Liaison Officer ($8,696) following receipt by the City of the executed agreement from the County of Los Angeles. City Council Minutes 07-24-12 Page 13500 (i) RECOMMENDATION TO APPROVE THREE (3) NON-PROFIT EVENTS • AND WAIVE PERMIT FEES. Memorandum from Interim City Manager John Jalili dated July 17, 2012. • • EVENT DATE FEES est. 11 U.S. Army — Future Soldiers August 18 $895.00 Challenged Athletes Foundation — Board Short Mile Swim September 15 $795.00 Leadership Hermosa — Back to School VB Tournament September 29 $860.00 Action: To approve the three new events (U.S. Army, Challenged Athletes Foundation (CAF), and Leadership Hermosa) and waive the permit fees, as recommended by the Parks, Recreation and Community Resources Commission. (j) RECOMMENDATION TO APPROVE CONTRACT FOR INDEPENDENT AUDIT SERVICES WITH FIRM OF PUN & MCGEADY FOR THREE YEARS (2011-12, 2012-13 AND 2013-14) AT A COST OF $62,400, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL TWO YEARS. Memorandum from Finance Director Viki Copeland dated July 12, 2012. Action: To approve contract for independent audit services with firm of Pun & McGeady for three years (2011-12, 2012-13, and 2013-14) at a cost of $62,400, with an option to extend for an additional two years. (k) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated July 10, 2012. (I) Action: To receive and file the report giving the status of capital improvement projects which are either under design or construction. RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KATHERINE SPITZ ASSOCIATES, INC. (KSA) OF CULVER CITY TO PROVIDE ARCHITECTURAL CONSULTING SERVICES IN THE AMOUNT OF $125,558 FOR CIP 12-143 PCH/AVIATION BEAUTIFICATION PROJECT; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Frank Senteno dated July 16, 2012. Action: To approve the staff recommendation: 1) Approve Professional Services Agreement with Katherine Spitz Associates, Inc. (KSA) of Culver City to provide Architectural Consulting Services in the amount of $125,558 for CIP 12-143 PCH/Aviation Beautification Project; City Council Minutes 07-24-12 Page 13501 • (m) 2) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and 3) Authorize the Director of Public Works to make changes to the agreement within the project budget. RECOMMENDATION TO AWARD UNIFORM RENTAL SERVICES CONTRACT TO PRUDENTIAL OVERALL SUPPLY IN AN AMOUNT NOT TO EXCEED $26,871; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE SERVICE RENTAL AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGES IN THE AGREEMENT WITHIN BUDGET. Memorandum from Public Works Director Frank Senteno dated July 16, 2012. Action: To approve the staff recommendation: 1) Award Uniform Rental Services Contract to Prudential Overall Supply in an amount not to exceed $26,871; 2) Authorize the Director of Public Works to execute the Service Rental Agreement with Prudential Overall Supply; and 3) Authorize the Director of Public Works to approve changes in the agreement within budget. • (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 17, 2012. • Action: To receive and file the action minutes of the Planning Commission meeting of July 17, 2012. At 7:20 p.m. the order of the agenda went to item 8(a). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION —None 5. PUBLIC HEARINGS a. REVIEW PROPOSALS AND SELECT PROPOSER(S) TO NEGOTIATE AN INTEGRATED SOLID WASTE MANAGEMENT SERVICES (TRASH AND RECYCLING SERVICES) FRANCHISE AGREEMENT FOR THE CITY OF HERMOSA BEACH. Memorandum from Community Development Director Ken Robertson dated July 17, 2012. Supplemental information from Sam Pena of Republic Services and numerous emails received July 24, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Interim City Manager Jalili and City Attorney Jenkins also responded to Council questions. City Council Minutes 07-24-12 Page 13502 • Lisa Keating, project manager with HF&H Consultants, LLC (the City's consultant), made a PowerPoint presentation addressing issues raised at the workshop meeting; clarified conversion rate calculations and proposed rates, and responded to Council questions. As advised by the City Attorney, the City Council announced their ex parte discussions as follows: Fishman and Mayor Duclos visited each of the three facilities; Tucker spoke by phone to the three companies; Bobko spoke to and visited the sites of each of the providers; and DiVirgilio spoke this week to one hauler with a question and a year ago visited the Athens site. Each of the three companies was given five minutes to address the Council. Tim Fry, General Manager of Crown Disposal Co., Inc., came forward to address issues raised at the last meeting and respond to additional Council questions. Gary Clifford, Chief Operating Officer of Athens Services, came forward to address issues raised at the last meeting. He and Christian Warner, Athens Controller, then responded to additional Council questions. Coming forward to address issues raised at the last meeting and respond to additional Council questions about the proposal from Consolidated Disposal Services (CDS - a subsidiary of Republic Services, Inc. and the City's current provider) was Kurt Bratton, Area President. The public hearing opened at 9:03 p.m. Coming forward to address the Council on this item were: Tammie Los - Hermosa business owner (Tammie's Corner House Cafe), urged keeping CDS because of the excellent service provided over the years; expressed interest in food waste collection; Max Riley - Hermosa Valley School 4th grader, supported pay -as -you -throw which will save money for many citizens; said he and his friends would make fliers to educate the community on what waste can be recycled; J.C. Agaianian - Hermosa Beach, said CDS does a great job and should be retained; advocated the single -stream method to avoid problems that a pay -as -you -throw system may cause, such as overflowing trash bins or people throwing trash into their neighbors' bins; George Schmeltzer - Hermosa Beach, condominium association president, expressed satisfaction with CDS as well as Athens, which provides some cleaning services at the complex; if the method changes to a pay -as -you -throw system, was concerned about how the association would identify the amount of trash generated by individual owners; suggested a bar code or similar method to allow tracking the bags; Kendall (no last name given) - Hermosa Beach, said the current drivers avoid creating obstacles and understand the narrow streets of the City; said she and her neighbors are happy with CDS and think their service is worth it, even at a higher price; City Council Minutes 07-24-12 Page 13503 • • • Geri Shapiro - Hermosa Beach, was disappointed that single -stream was being considered, since it conflicts with Hermosa's desire to be an environmentally conscious "Green Idea" city, and with school lessons about the three R's (reduce, reuse and recycle), sending children the message that what they have been taught does not apply; encouraged selecting a hauler that supports schools and recycling education; Jay Phillips - President, Teamsters Local 396, spoke on behalf of the union mechanics and others who serve the City; expressed concern that a new hauler would bring in employees unfamiliar with the community and its residents, despite the promise of hiring the current workers who are laid off; said the Athens's proposal was unrealistic and impractical, and their proposed rates would likely go up as a result; Jan Stewart - Hermosa Beach, Garden Club member and retired 45 -year Hermosa school teacher, whose curriculum had been environmentally - based, said Athens provided a bus for Garden Club members to tour their facility, which was impressive; noted the benefit of having one company provide both sweeping and refuse services; Mark Racunas - Hermosa Beach, expressed concerns with service by CDS; supported Athens because of their knowledge of the beach cities, their promise to employ workers laid off by CDS, and the fact that Redondo is pleased with their service; preferred the single -stream method; Mitchell Miller - Hermosa Beach, said CDS has done a great job and drivers have pride in their work; described his driver Elmer as friendly, hard- working, and willing to go the extra mile; urged the Council to look at unintended consequences when choosing a hauler; had concerns that the other proposers might not be able to deliver on their contracts; Rhonda Erickson - Hermosa Beach, asked the Council to stay with CDS and allow them to introduce green and food waste programs; preferred to separate trash from recyclables; said the current company, drivers and system were effective, and had concerns about the other companies; Greg Good - Director, Los Angeles Alliance for a New Economy (LAANE), spoke about LAANE's partnership with the Natural Resources Defense Council (NRDC), the Sierra Club, Teamsters and other organizations, formed to bring more accountability to the waste industry; said Athens has a negative record with numerous violations, lawsuits and claims; said single -stream collection undermines education and responsibility, perpetuates the dirty, exploitive job of sorting, and defies logic because of cross -contamination between food and recyclable items; Senaido Vargas - Hermosa Beach, noted the City's unique narrow and one- way streets and the CDS drivers' familiarity with them, as well as their efficiency, courtesy and safety; said he and his neighbors are satisfied with CDS, and asked the Council to consider them again; Doug Robins - Hermosa Beach, said he was confused about the diversion rate; said single -stream was a terrible idea and agreed with Mr. Good's comments about the sorting; stated his satisfaction with the current hauler and urged the Council to negotiate for unlimited green waste; had concerns about composting green waste containing pesticides; City Council Minutes 07-24-12 Page 13504 • • • Hany Fangarr - Hermosa Beach, urged the Council to choose option 1, as recommended by the Green Task Force; said his children have been learning about recycling since first grade; said CDS and its drivers are good for the community; relayed concerns about Athens's drivers who speed on the Strand; Terry Scott - Hermosa Beach, was pleased with CDS; spoke of the potential problem of people dumping their green waste elsewhere if their bin does not accommodate the volume, since the amount generated varies greatly week to week; supported unlimited green waste and recycling; Clayton Shepherd - Hermosa Beach, said a pay -as -you -throw program would (1) increase his monthly bill 38%, (2) require three collection trucks on his street, (3) cause residents to bear the cost of modifying their Code - required trash enclosures to accommodate the larger carts, and (4) without knowing what his refuse costs will be, force him, as a rental - property owner, to change his tenants' rental agreements; expressed concern that there is no cracking down on scavengers of recyclables; Jim Hausle - Hermosa Beach, said he was happy with CDS; said he did not favor a pay -as -you -throw program but would separate his recyclables; Pat Love - Hermosa Beach, said Crown's state-of-the-art equipment is important with a seven-year contract; noted that Crown is also eco - friendly and has new ideas; Fred Huebscher - Hermosa Beach, favored a flat rate for trash service and said the single -stream method may discourage scavenging through recycling bins; noted that the City's recycling bins around town accept only bottles and cans, not paper; said a separate cart method would mean extra trucks polluting the air, even if they run on natural gas; Dency Nelson - Hermosa Beach, said the Green Task Force, had concluded that the cart system was the better option, with an opt -in for green waste; liked keeping the same drivers in the community; felt Crown was the most forward -thinking and innovative, and could provide the best service to a city as innovative and unique as Hermosa Beach; James Castro - General Manager, Consolidated Disposal, acknowledged some of their drivers who were still present at the meeting; asked the Council for the opportunity to continue earning the trust of the City; Elizabeth Riley Hermosa Beach, said reducing and reusing is even more important than recycling; said the pay -as -you -throw method is the best way to get people to conserve, and it has been successful in reducing trash in Lawndale and Manhattan Beach; Lisa Ryder, Hermosa Beach resident and former Green Task Force member, said she was a consultant with Waste Management, whose pay -as - you -throw contract with Manhattan Beach has been greatly supported by the community, most of whom pay less now for refuse pickup using smaller bins; said there has been no problem with illegal dumping with pay -as -you -throw, a method now used by 8,000 U.S. communities; suggested provisions in the contract for unlimited pickup on holidays; said a 20-30% diversion rate is realistic; and Robert Fortunato - Hermosa Beach, owner/builder of the Green Idea House, said countries like Singapore, Germany and Japan, and companies City Council Minutes 07-24-12 Page 13505 • • like Toyota and Subaru, are doing Zero Waste programs because they recognize the monetary value of the waste resources; urged using all that is in our waste stream for our economic benefit, through better separation and by hiring the hauler who reuses the most resources. The public hearing closed at 10:08 p.m. It was the consensus of the Council that after a brief recess, each of the three proposers would be given the opportunity to present a two -minute rebuttal. The meeting recessed at 10:10 p.m. The meeting reconvened at 10:18 p.m. Coming forward to explain and/or rebut statements made during the public hearing and respond to Council questions were the following: Kurt Bratton of Consolidated Disposal Services, Gary Clifford of Athens Services, and Tim Fry of Crown Disposal Co., Inc. The City's consultant Lisa Keating also responded to Council questions. Action: To select solid waste collection Option 1 — the pay -as -you -throw cart system, with separate containers for trash and recycling. Motion Tucker, second Fishman. This main motion was suspended pending the outcome of the following substitute motion. Proposed Action: To notify every person in the City who would be subject to increased rates and allow them the opportunity to voice their concerns before the Council votes on the option. Motion Bobko, second DiVirgilio. The motion failed due to the dissenting votes of DiVirgilio, Fishman, Tucker and Mayor Duclos. The above main motion carried, noting the dissenting vote of Bobko. Action: To select Athens Services, with its base proposal, as the primary service provider, and Crown Disposal as the alternate, and direct staff to negotiate a contract and return with a draft Franchise Agreement for Council consideration at a future public hearing. Motion Tucker, second Bobko. This main motion was suspended pending the outcome of the following substitute motion. Proposed Action: To select Crown Disposal as the service provider and direct staff to negotiate a contract and prepare a draft Franchise Agreement for Council consideration at a future public hearing. Motion Fishman, second Mayor Duclos. The motion failed due to the dissenting votes of Bobko, DiVirgilio and Tucker. • The above main motion carried, noting the dissenting votes of Fishman and Mayor Duclos. City Council Minutes 07-24-12 Page 13506 • • • The Council requested a discussion about the alleged speeding of Athen's street sweeper trucks, and encouraged Athens to work with the South Bay Workforce Investment Board. Council direction to staff regarding additional, modified, or specific contract provisions to be negotiated in the Franchise Agreement included: (1) unlimited green waste; (2) the opening of an Athens customer service office in Hermosa Beach; (3) generous holiday and summer weekend pickups; (4) cheaper options for citizens with less waste; (5) a food waste program; (6) a generous large -item hauling program coinciding with regular trash pickup, with the driver calling in locations; (7) no less than six and perhaps as many as twelve free overflow days, one per month; (8) the services to support the annual toy drive collection; (9) stackable carts upon request; (10) a formula to determine goals to be met before the built-in five - percent rate increase; (11) direct telephone transfer of citizen complaints to Athens; (12) tracking devises to monitor the speed of the trucks; (13) free curbside pickup of small e -waste items, like batteries; (14) at least two shred days per year; (15) at least two e -waste days per year; and (16) consideration of a 10% senior discount for people age 62 and older. Mayor Duclos thanked Consolidated Disposal Services for their service to the community over the years. Action: To continue conducting the meeting past the established end time of 10:30 p.m. in order to act on the remaining agenda items. Motion Tucker, second Fishman. The motion carried by a unanimous vote. The meeting recessed at 11:15. The meeting reconvened at 11:30 p.m. 6. MUNICIPAL MATTERS a. APPOINTMENT OF CITY MANAGER AND APPROVAL OF AGREEMENT FOR CITY MANAGER SERVICES. Memorandum from Interim City Manager John Jalili dated July 18, 2012. Supplemental document received July 24, 2012. Interim City Manager Jalili presented the staff report and responded to Council questions, noting that September 4 was the start date for the new city manager. City Attorney Jenkins also responded to Council questions. Action: To appoint Tom Bakaly as the Hermosa Beach City Manager. Motion Mayor Duclos, second Tucker. The motion carried noting the dissenting vote of DiVirgilio. Action: To approve the City Manager Employment Agreement, setting forth the terms and conditions under which Mr. Bakaly will serve. Motion Mayor Duclos, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. City Council Minutes 07-24-12 Page 13507 • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. BOARD/COMMISSION EXPIRATION OF TERMS - APPOINTMENT OF THREE PLANNING COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated July 17, 2012. City Clerk Doerfling presented the staff report and responded to Council questions. City Attorney Jenkins explained the voting system to be used, noting that each appointment required a minimum of three votes. Each Councilmember submitted the names of three applicants to City Clerk Doerfling, who then tallied the votes and announced the results. The top three vote -getters are shown in the following action: Action: To appoint Ron Pizer, Mike Flaherty, and Kent Allen to the Planning Commission for four-year terms ending June 30, 2016, per the vote tally noted above. At 7:25 p.m., the order of the agenda returned to item 5(a). • b. REPORT ON ICA SUMMER (SEMINAR - JULY 12-15, 2012. Oral report by Mayor Duclos and Mayor Pro Tempore Bobko. Mayor Duclos and Mayor Pro Tem Bobko reported on the seminar earlier in the meeting - their comments are shown under Announcements. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Tucker to utilize Prop A funds to participate in funding buses for Navy Days LA on August 18, 2012 from 4:00 p.m. to 12:00 a.m. to transport Navy personnel to Hermosa Beach. Funding will be shared with others. Councilmember Tucker spoke to his request. Action: To direct staff to agendize to the next meeting. Motion Tucker, supported by Mayor Duclos, Bobko and DiVirgilio. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Jean Lombardo, on Wednesday, July 25, 2012, at the hour of 12:10 a.m. to the Regular meeting of Tuesday, August 14, 2012. City Clerk City C ncil Minutes 07-24-12 Page 13508 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held Tuesday, August 14, 2012, at the hour of 5:30 p.m. • ROLL CALL: Present: Bobko, Fishman, Tucker, Mayor Duclos Absent: DiVirgilio ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held on July 24, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Case Number: City of Hermosa Beach v. Hitchcock YC067202, LA Co. Superior Court -Southwest District (The following item was unanimously added to the closed session agenda this evening based on the finding that the issue arose after the posting of the agenda and required immediate action.) • Threatened Litigation: Government Code Section 54956.9(b) Number of Potential Cases: 1 City Council Minutes 08-14-12 Page 13509 • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 14, 2012, at the hour of 5:30 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:33 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:02 p.m. PLEDGE OF ALLEGIANCE — Craig Cadwallader Mayor Duclos noted the absence of Councilmember DiVirgilio, who was at home with his wife Danay celebrating the birth of their daughter. ROLL CALL: Present: Bobko, Fishman, Tucker, Mayor Duclos Absent: DiVirgilio CLOSED SESSION REPORT — City Attorney Jenkins said no public comments were received before the Council adjourned into the Closed Session; one matter of threatened litigation was added to the agenda; and no reportable actions were taken on any of the agenda items. ANNOUNCEMENTS — Mayor Duclos announced that this would be the last meeting • for Interim City Manager Jalili, since the newly appointed City Manager will start in early September. He thanked Mr. Jalili for his excellent service and presented him with a City commendation and a gift certificate from the members of the City Council. • The Councilmembers then individually thanked Mr. Jalili; cited his expertise and great leadership; commended him for being a great source of stability during his tenure; and wished him good luck in his retirement. Interim City Manager Jalili joked that he had been looking for a little excitement but got more than he bargained for. He thanked the City Council and commended the Councilmembers for all that had been accomplished in such a short time, including a balanced budget and an environmentally -sound solid waste program. Councilmember Tucker announced that this year's fourth and final Concert on the Beach will take place at 5 p.m. Sunday, August 19, acknowledging and thanking Alan Sanford of St. Rocke for making the events possible. He then announced that Saturday, August 18, was Navy Day; said Navy flags will be hanging on Pier Plaza where several businesses have put together special packages for the visiting crew of the USS Meyer; and urged citizens to thank those in uniform for their service. Councilmember Fishman announced that the Kiwanis Club's annual Taste of Hermosa Beach will take place at 3 p.m. Sunday, August 19, at the Hermosa Beach Community Center, noting that tickets may be purchased online at the Kiwanis Club's website www.hermosakiwanis.orq. City Council Minutes 08-14-12 Page 13510 Mayor pro tern Bobko encouraged participation in the Hermosa Young Professionals' beach cleanup south of Pier Plaza on Sunday, August 19, from 9 a.m. to 11 a.m. Mayor Duclos said he attended the Hermosa Sister City Association's farewell party on July 25 for participants in this year's student exchange program, and thanked Loreto visitors for donating to the City a painting by Mexican artist Lizette lnzunza, which had been signed on the back by the visiting students and was on display in the Council Chambers. He then spoke of National Night Out, which this year took place August 7, with cities around the country focusing on local crime prevention and safety; thanked the firefighters, police officers and lifeguards for their participation; and expressed appreciation to the Public Works staff, whom he accompanied at the event, particularly Ells Freeman, Rick Mish and John Cordova. Lastly, noting that the Council is currently engaged in collective bargaining with employee groups, he read a prepared statement addressing information being circulated. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Craig Cadwallader - Surfrider Foundation, thanked St. Rocke for providing the Foundation with a booth at the last Concert on the Beach, giving them the opportunity to promote protection of the ocean and beaches; Bill Brand - Redondo Beach Councilmember, urged the Council to agendize and invite AES and Redondo officials to present information for and against the proposal to rebuild rather than retire the power plant on the existing site, noting its proximity to Hermosa's city limits and stressing that Hermosa's opinion matters; Lezlie Campeggi - Redondo Beach, said an initiative process was underway to rezone the Redondo Beach power plant property, with petitions being circulated for signatures; said the initiative would allow AES to complete their current contract (2018), with demolition by the year 2022, and would restrict the site to a minimum of 60% open space; said information was available at www.nopowerplant.com; and Scott Gobble, Southern California Edison, reminded anyone who sees a downed power line to call 911 after first clearing the area of children and then adults; urged citizens to conserve power and avoid the use of appliances from noon to 7 p.m.; expressed appreciation for the efforts already made by Southern Californians to help avoid rolling blackouts. (a) Letter from Howard Lonqacre dated August 6, 2012 regarding several matters in Council's jurisdiction. No one came forward to address the Council on this letter. Action: To receive and file the letter. Motion Tucker, second Fishman. The motion carried, noting the absence of DiVirgilio. City Council Minutes 08-14-12 Page 13511 • 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k). Motion Bobko, second Fishman. The motion carried, noting the absence of DiVirgilio. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular meeting held on July 10, 2012 and 2) Adjourned Regular meeting held on July 11, 2012. Action: To approve as presented the City Council minutes of the Regular meeting of July 10, 2012, and the Adjourned Regular meeting of July 11, 2012. (DiVirgilio absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 67535 THROUGH 67828, AND NOS. 710036024, 710036065, 710036067, 710036074, 710036085, 710036087, 9569241, 9569270, 9569177, 9580138, 9590468 AND 9591219, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 67600 THROUGH 67659 AS RECOMMENDED BY THE CITY TREASU RER. Action: To ratify the check register as presented and approve the 1111 cancellation of certain checks. (DiVirgilio absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. (DiVirgilio absent) (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Interim City Manager John Jalili dated August 6, 2012. Claimant: King, Laurel Date of Loss: 04-20-12 Date Filed: 07-17-12 Allegation: Property damage Claimant: Loutzenhiser, James Date of Loss: 07-16-12 Date Filed: 08-06-12 Allegation: Wrongful termination • Action: To deny both claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (DiVirgilio absent) City Council Minutes 08-14-12 Page 13512 • • • (e) RECOMMENDATION TO APPROPRIATE COPS FUNDS ON PROJECTS #2 THROUGH #5 AS OUTLINED IN THE STAFF REPORT IN THE AMOUNT OF $136,898. THE COST OF THE ANTENNA PROJECT WILL BE SUBMITTED FOR APPROVAL AND APPROPRIATION WHEN THAT AMOUNT IS DETERMINED. Memorandum from Interim Police Chief Steve Johnson dated July 26, 2012. (f) (g) Action: To approve the staff recommendation to appropriate COPS Funds for Project #2 - Mobile Vehicle Radios, Project #3 - Uninterrupted Power Supply, Project #4 - Downtown Camera/License Plate Reader Program, and Project #5 - License Plate Readers for Parking Vehicles (as outlined in the staff report) in the amount of $136,898, noting that the cost of Project #1 - Receiver Antenna would be submitted for approval and appropriation when that amount is determined. (DiVirgilio absent) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $24,803 AND THE CORRESPONDING ESTIMATED REVENUE TO THE GRANT FUND FOR THE 2009 STATE HOMELAND SECURITY GRANT PROGRAM PURCHASE OF FIREFIGHTING EQUIPMENT AND TRAINING AIDS. Memorandum from Fire Chief David Lantzer dated August 2, 2012. Action: To approve the staff recommendation to authorize the appropriation of $24,803 and the corresponding estimated revenue to the Grant Fund for the 2009 State Homeland Security Grant Program purchase of firefighting equipment and training aids. (DiVirgilio absent) RECOMMENDATION TO PROVIDE FINANCIAL CONTRIBUTION TO THE SANTA MONICA BAY RESTORATION FOUNDATION (SMBRF) TO HELP FUND ACTIVITIES CONDUCTED BY THE SMBRF AND THE SANTA MONICA BAY RESTORATION COMMISSION; AND, APPROVE A TRANSFER OF $1,500 FROM PROSPECTIVE EXPENDITURES TO THE SEWER FUND (160-3102-4201) TO APPROPRIATE THE ANNUAL CONTRIBUTION FOR FISCAL 2012-13 WITH ANNUAL CONTRIBUTIONS OF $1,500 BEGINNING THIS FISCAL YEAR AND CEASING AT THE END OF FIVE YEARS FOR A TOTAL CONTRIBUTION OF $7,500. Memorandum from Public Works Director Frank Senteno dated July 27, 2012. Action: To approve the staff recommendation to: 1) Provide financial contribution to the Santa Monica Bay Restoration Foundation (SMBRF) to help fund activities conducted by the SMBRF and the Santa Monica bay Restoration Commission; and 2) Approve a transfer of $1,500 from Prospective Expenditures to the Sewer Fund (160-3102-4201) to appropriate the annual contribution for fiscal 2012-13 with annual contributions of $1,500 beginning this fiscal year and ceasing at the end of five years for a total contribution of $7,500. (DiVirgilio absent) City Council Minutes 08-14-12 Page 13513 (h) RECOMMENDATION TO APPROVE THE SETTLEMENT AGREEMENT • AND RELEASE OF CLAIMS WITH EL CAMINO COLLEGE IN-SERVICE FIREFIGHTER TRAINING PROGRAM AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. Memorandum from Fire Chief David Lantzer dated August 2, 2012. (1) Action: To approve the staff recommendation to approve the Settlement Agreement and Release of Claims with El Camino College In -Service Firefighter Training Program and authorize the City Manager to sign the agreement. (DiVirgilio absent) RECOMMENDATION TO APPROVE AN EXCHANGE AGREEMENT WITH THE CITY OF LA MIRADA TO SELL $78,506 OF THE CITY'S UNSPENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR $55,739 IN UNRESTRICTED FUNDS. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6811, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE CITY OF LA MIRADA FOR THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS." (DiVirgilio absent) (j) RECOMMENDATION TO EXTEND THE FEE WAIVER FOR ALL PERMIT COSTS ASSOCIATED WITH A PHOTOVOLTAIC INSTALLATION INCLUDING BUILDING AND ELECTRICAL PERMIT FEES, EXCEPT FOR BUILDING PERMIT FEES TO UPGRADE THE STRUCTURE TO ACCOMMODATE THE INSTALLATION, AND REVIEW THE DECISION NO LATER THAN AUGUST 31, 2013. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. Action: To approve the staff recommendation to extend the existing fee waiver for all permit costs associated with a photovoltaic installation, including building and electrical permit fees, except for building permit fees to upgrade the structure to accommodate the installation, and to review the decision no later than August 31, 2013. (DiVirgilio absent) (k) RECOMMENDATION TO WAIVE PREFERENTIAL PARKING PERMIT FEES FOR 100% ALTERNATIVE FUEL VEHICLES (100% ELECTRIC, FUEL CELL, CNG VEHICLES; UTILIZING FOSSIL FUELS NOT ELIGIBLE); WAIVE BUILDING PERMIT FEES FOR SERVICE UPGRADES FOR 100% ALTERNATIVE FUEL VEHICLES (E.G., ELECTRIC CHARGING, CNG); REBATE 50% OF BUILDING PERMIT PLAN CHECK/INSPECTION FEES (CHARGING ONLY THE OUTSIDE PLAN CHECK FEES) FOR IMPROVEMENTS THAT (A) DIRECTLY AND SUBSTANTIALLY INCREASE ENERGY EFFICIENCY (SUCH AS AT LEAST 15% ABOVE CITY CODES) FOR BUILDINGS CONSTRUCTED EARLIER THAN 2000, (B) City Council Minutes 08-14-12 Page 13514 • • • INCENTIVIZE LEED OR BUILD -IT -GREEN PROGRAM CERTIFICATION (DIRECTLY AND SUBSTANTIALLY INCREASE ENERGY EFFICIENCY, WATER CONSERVATION AND/OR WASTE REDUCTION), OR (C) OTHERWISE INVOLVE IMPROVEMENTS THAT WILL MAKE A SIGNIFICANT CONTRIBUTION, EXCEED CODE REQUIREMENTS, OR ARE EARLY ADOPTION -TYPE BEHAVIORS; REBATE 50% OF BUILDING PERMIT PLAN CHECK/INSPECTION FEES FOR RETROFIT IMPROVEMENTS THAT QUALITY FOR ENERGY UPGRADE CALIFORNIA FUNDING, CHARGING ONLY THE OUTSIDE PLAN CHECK FEES; AND, PROVIDE PRIORITY PERMIT PROCESSING FOR THE ABOVE. Memorandum from Community Development Director Ken Robertson dated August 6, 2012. Action: To approve the staff recommendation to: 1) Waive preferential parking permit fees for 100% alternative fuel vehicles (100% electric, fuel cell, CNG vehicles; utilizing fossil fuels not eligible); 2) Waive building permit fees for service upgrades for 100% alternative fuel vehicles (e.g., electric charging, CNG); 3) Rebate 50% of building permit plan check/inspection fees (charging only the outside plan check fees) for improvements that: (A) directly and substantially increase energy efficiency (such as at least 15% above City Codes) for buildings constructed earlier than 2000, (B) incentivize LEED or Build -It -Green Program certification (directly and substantially increase energy efficiency, water conservation and/or waste reduction), or (C) otherwise involve improvements that will make a significant contribution, exceed code requirements, or are early adoption -type behaviors; 4) Rebate 50% of building permit plan check/inspection fees for retrofit improvements that quality for Energy Upgrade California funding, charging only the outside plan check fees; and 5) Provide priority permit processing for the above. (DiVirgilio absent) At 7:35 p.m., the order of the agenda moved to public hearing item 5(c). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS a. CONSIDERATION OF TEXT AMENDMENT TO MUNICIPAL CODE CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING) AND RELATED SECTIONS FOR CONSISTENCY TO ALLOW PORTABLE SIGNS ON THE PUBLIC RIGHT-OF-WAY. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. City Council Minutes 08-14-12 Page 13515 • Community Development Director Robertson presented the staff report and responded to Council questions. Interim City Manager Jalili and City Attorney Jenkins responded to Council questions. The public hearing opened at 8:17 p.m. As no one came forward to address the Council, the public hearing closed at 8:17 p.m. Action: To approve the Planning Commission's recommendation to adopt Resolution No. 12-6812, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAINTAINING THE CITYWIDE PROHIBITION ON PORTABLE SIGNS ON THE PUBLIC RIGHT- OF-WAY IN COMMERCIAL DISTRICTS." Motion Bobko, second Fishman. The motion carried, noting the absence of DiVirgilio. b. CONSIDERATION OF TEXT AMENDMENT TO MUNICIPAL CODE CHAPTERS 12 (ENCROACHMENTS) AND 17 (ZONING) AND RELATED SECTIONS FOR CONSISTENCY TO ALLOW OUTDOOR RETAIL SALES/DISPLAY AREAS ON THE PUBLIC RIGHT-OF-WAY. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins and Interim City Manager Jalili responded to Council questions. The public hearing opened at 8:28 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:28 p.m. Action: To approve the Planning Commission's recommendation to adopt Resolution No. 12-6813, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAINTAINING THE CITYWIDE PROHIBITION ON OUTDOOR RETAIL SALES/DISPLAY AREAS ON THE PUBLIC RIGHT-OF-WAY IN COMMERCIAL DISTRICTS." Motion Bobko, second Fishman. The motion carried, noting the absence by DiVirgilio. c. TEXT AMENDMENT TO AMEND TITLE 8 (HEALTH AND SAFETY) TO BAN POLYSTYRENE FOOD SERVICE WARE AND ASSOCIATED AMENDMENTS FOR CONSISTENCY RELYING ON AN ENVIRONMENTAL NEGATIVE DECLARATION ADOPTED ON MARCH 27, 2012. Memorandum from Community Development Director Ken Robertson dated August 8, 2012. Supplemental correspondence received August 14, 2012, from State Senator Alan Lowenthal, Josh Tooker and residents June Pulcini and Marvin May in favor of the ban; and Samantha Martinez of the Plastic Foodservice Packaging Group, Ryan Kenny of the American Chemistry Council, and Sarah Sheehy of the California Grocers Association opposed. City Council Minutes 08-14-12 Page 13516 • • Community Development Director Robertson presented the staff report and responded to Council questions, noting that the issue of plastic bags could be one of the tasks of the new Green Task Force. The public hearing opened at 7:40 p.m. Coming forward to address the Council on this item were: Bobbi Busher - read and submitted a letter by Assemblymember Betsy Butler (53rd District) citing the negative impacts polystyrene has on human health, both as a toxic pollutant and a carcinogen, and congratulating the City for its long history of environmental stewardship; Alan Walter - Redondo Beach resident, representing South Bay Chapter of Surfrider Foundation, urged adoption of a polystyrene ban; said the most common item found in trash collected in clean-ups is Styrofoam, which is noted for its harmful effect on marine animals; Craig Cadwallader - Surfrider Foundation, South Bay Chapter, urged the Council to protect the environment and ban polystyrene, noting the significant risk the material poses to fish and birds who think it is food; referenced studies that show environmentally -sound restaurants to be more profitable; said 64 California cities have already imposed the ban, but Hermosa would be the first South Bay city to do so; and Sarah Sheehy - California Grocers Association (CGA), said the CGA had no problem with a Styrofoam ban, but was concerned that a ban on clear polystyrene would financially devastate local grocery stores by putting them at a competitive disadvantage; asked the Council to delete clear or oriented polystyrene from the Ordinance. The public hearing closed at 7:50 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 12-1332, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.64 TO THE HERMOSA BEACH MUNICIPAL CODE TO BAN POLYSTYRENE FOOD SERVICE WARE AND AMENDING CHAPTER 1.10 TO MAKE VIOLATIONS OF CHAPTER 8.64 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES." Motion Fishman, second Tucker. The motion carried, noting the dissenting vote by Bobko and the absence of DiVirgilio. At 8:07 p.m., the order of the agenda went back to items 5(a) and 5(c). 6. MUNICIPAL MATTERS a. REVISED PURCHASING ORDINANCE TO EXEMPT PURCHASES VIA COOPERATIVE PURCHASING PROGRAMS (PIGGYBACK CONTRACTS). Memorandum from Public Works Director Frank Senteno dated July 27, 2012. City Council Minutes 08-14-12 Page 13517 • • Public Works Director Senteno presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. No one came forward to address the Council on this issue. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 12-1336, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE PURCHASING ORDINANCE TO AUTHORIZE PURCHASES THROUGH COOPERATIVE PURCHASING PROGRAMS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Fishman, second Tucker. The motion carried by a unanimous vote (DiVirgilio absent). b. STATUS REPORT ON SOLID WASTE AND RECYCLING SERVICES CONTRACTING PROCESS. Memorandum from Community Development Director Ken Robertson dated August 7, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Interim City Manager Jalili and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this issue was: Gary Clifford — Athens Services, said he looked forward to working with the subcommittee, and acknowledged the request this evening by Council - member Fishman to consider nine overage days per year. Action: To establish a subcommittee comprised of Councilmembers Bobko and Tucker to assist the staff team with the contract -negotiating process. Motion Mayor Duclos, second Fishman. The motion carried, noting the absence of DiVirgilio. Final Action: To receive and file the status report. Motion Fishman, second Tucker. The motion carried, noting the absence of DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITY MANAGER TRANSITION. Oral report from Interim City Manager John Jalili. Interim City Manager Jalili presented his oral report. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - • CITY COUNCIL City Council Minutes 08-14-12 Page 13518 • • • a. VACANCIES — BOARDS AND COMMISSIONS — UPCOMING EXPIRATION OF TERMS ON THE PUBLIC WORKS COMMISSION. Memorandum from City Clerk Elaine Doerfling dated July 31, 2012. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Public Works Commission terms that will expire October 31, 2012, with appointments to be made at the regular Council meeting of October 23, 2012. Motion Fishman, second Tucker. The motion carried, noting the absence of D iVi rg ilio. b. VACANCIES — BOARDS AND COMMISSIONS — PUBLIC WORKS COMMISSION — UNEXPIRED TERM ENDING OCTOBER 31, 2014. Memorandum from City Clerk Elaine Doerfling dated July 31, 2012. Action: To direct the City Clerk to advertise the Public Works Commission special vacancy (concurrently with the three upcoming term expirations), inviting applications from persons interested in serving the remaining two years of an unexpired term ending October 31, 2014, with appointment to take place at the regular Council meeting of October 23, 2012. Motion Fishman, second Tucker. The motion carried, noting the absence of DiVirgilio. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 14, 2012, at the hour of 8:48 p.m. to the Regular meeting of Tuesday, September 11, 2012. City Council Minutes 08-14-12 Page 13519 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 11, 2012, at the hour of 6:00 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting held August 14, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Loutzenhiser v. City of Hermosa Beach, Los Angeles County Los Angeles County Superior Court Case Number: BC490219 Threatened Litigation: Government Code Section 54956.9(b) Number of potential cases: 1 (Letter from Christopher Brandlin) City Council Minutes 09-11-12 Page 13520 (The following item was added to the closed session agenda this evening based on the finding that the issue arose after the posting of the agenda and required immediate action.) Existing Litigation: Government Code Section 54956.9(a) Name of Case: Hitchcock v. City of Hermosa Beach, et al United States District Court Case Number: CV12 6570 GAF PLAx ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 11, 2012, at the hour of 6:01 p.m. to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:04 p.m. PLEDGE OF ALLEGIANCE — Darby Power, member of Girl Scout Troop 3315, led the Pledge, accompanied by: Army Staff Sergeant Chris Marchesen; U.S. Army Sergeant Jeff Stevenson; Planning Commissioner/Marine Corps veteran Mike Flaherty; Hermosa Beach Fire Chief/Armed Forces veteran David Lantzer, Hermosa Beach Interim Police Chief/Armed Forces veteran Steve Johnson; Girl Scout Troop 3285 member Ainsley Power; and Boy Scout Troop 860 members Sean Goodbody, Nick Jones, and Alex Jones. 9/11 OBSERVANCE Mayor Duclos spoke of the victims who lost their lives in New York, Washington D.C. and Pennsylvania due to the terrorist attacks of September 11, 2001, and invited forward two Hermosa Beach Police Department Chaplains for a brief invocation . Chaplain Mike Olsen delivered an invocation recognizing those who have served the United States through both military and public safety service. Chaplain Gila Katz remembered the lives lost, including the heroes on Flight 93; urged everyone to see Hermosa Beach's 9/11 Memorial; and asked those present to join her in singing "God Bless America." ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments; the addition to the closed session agenda of one item — a lawsuit by Brian Hitchcock; and one reportable action — the decision to defend the City and its named employee in the James Loutzenhiser lawsuit. ANNOUNCEMENTS — Councilmember Tucker (1) spoke of the recent Navy Day in Hermosa, with service members visiting from the USS Meyer after its arrival at the City Council Minutes 09-11-12 Page 13521 • Port of Los Angeles, noted his opportunity to tour the ship and meet with several crewmembers, and thanked J.R. Reviczky and the Navy for arranging the visit; (2) welcomed new City Manager Tom Bakaly at his first meeting; (3) spoke of two seminars he attended last week at the League of California Cities conference in San Diego — on managing public employee performance for the future and on labor negotiations; (4) requested that the meeting be adjourned in memory of Diane Miller, longtime resident and past president of the Woman's Club of Hermosa Beach. Councilmember DiVirgilio addressed recent crimes in the community and noted his request (Other Matters item 9.a.) to provide additional funding if needed for extra public safety personnel to make Pier Plaza and the entire community safer. Mayor Duclos thanked the captain and crew of the USS Meyer for their hospitality, and thanked former Hermosa Beach Mayor J.R. Reviczky for arranging the visit, and for his continued service to the community. PRESENTATIONS PRESENTATION OF TILE PLAQUE TO SHAWN DARCY PLANNING COMMISSIONER JUNE 10, 2008 — JULY 17, 2012 • Mayor Duclos presented Shawn Darcy with a plaque commemorating his four years • as Planning Commissioner and thanked him for his service to the community. Mayor Duclos, on behalf of the entire City Council, then offered a congratulatory proclamation to Councilmember DiVirgilio and his wife on the recent birth of their daughter, Ananda Ruth. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Norm Potter — Hermosa Beach, praised the City's firefighter/paramedics and spoke of a recent incident involving his family's long wait time for the arrival of an ambulance to transport his son to the hospital, noting the need to rely on a neighboring city or a private company if Hermosa's primary paramedic unit is already providing service elsewhere; also spoke of witnessing crimes on Pier Plaza and waiting more than five minutes for police to respond (Councilmember DiVirgilio requested input from the Fire and Police chiefs on the two incidents cited); Randy Kline — Bush Vets, Inc., provider of outreach services to homeless veterans since 1995, asked the City to make an official proclamation for the first annual "Stand Up for our Homeless Veterans Roundup" nationwide on November 1, noting a press conference on October 20; submitted a flyer; City Council Minutes 09-11-12 Page 13522 • Craig Cadwallader - Surfrider Foundation, reiterated the organization's offer to install cigarette butt receptacles in the City's designated smoking areas to help maintain a clean environment; Joseph Garcia - Hermosa Beach, spoke in support of the City's Community Service Officers, who assist with public safety response on Pier Plaza, suggesting that an outside contractor would not be as helpful; Hany Fangary - Hermosa Beach, said the City should be managed as a community, not as a business; spoke of recent violent crimes and urged the Council to involve Pier Plaza businesses in the safety of the area, as Long Beach has done; suggested the use of video cameras to record incidents and make prosecution easier; Tracy Hopkins - Hermosa Beach, announced an emergency preparedness fair in Torrance on October 20 from 9 a.m. to 1 p.m.; submitted a flyer and said, to contact Mark Clayson at (310) 327-7398 or by email at m.claysonsbcglobal.net for more information; and Lou Morris - Hermosa Beach, said since AES determines the fate of the air quality south of the Hermosa's pier, the City's residents should have a say in whether or not the power plant is rebuilt, especially since they are so much closer to the site than residents of North Redondo. City Treasurer David Cohn came forward at this time to report on City investments, with the assistance of his son who handled the slide presentation. (a) Letter from Dr. Jeanie Nashime, Vice President, Student & Community Advancement, El Camino College, requesting that the City Council consider adopting a resolution supporting the El Camino Community College District 2012 Facilities Bond Measure. No one came forward to address the Council on this item. Action: To receive and file the letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (b) Letter from Jim Lissner dated August 17, 2012 regarding the Comprehensive Annual Financial Report (CAFR). No one came forward to address the Council on this item. Action: To receive and file the letter. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n). Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular Meeting held on July 11, 2012; City Council Minutes 09-11-12 Page 13523 • 2) Adjourned Regular Meeting held on July 17, 2012; 3) Special Meeting held on July 17, 2012; 4) Special Meeting held on July 19, 2012; 5) Adjourned Regular Meeting held on July 24, 2012; and 6) Regular Meeting held on July 24, 2012. Action: To approve the City Council minutes of the Adjourned Regular meetings of July 11 and July 17, 2012; the Special meetings of July 17 and July 19, 2012; the Adjourned Regular Meeting of July 24, 2012, and the Regular meeting of July 24, 2012, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 67831 THROUGH 68088 AND NOS. 2411063, 2412474, 2412535, 2418131 2413173, 8116766, 9599877, 9599879, 9605982, 9605297, 9609135, 1661 and 5723, AND TO APPROVE CANCELLATION OF CHECK NOS. 67178, 67179, 67795, 67801 and 67929 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. IllAction: To receive and file the Tentative Future Agenda Items as presented. • (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the July 2012 financial reports: 1) revenue and expenditure report; 2) City Treasurer's report; and 3) investment report. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Tom Bakaly dated September 4, 2012. Claimant: Ehsan, Monique (for minor, Azize Engin) Date of Loss: 03-14-12 Date Filed: 08-21-12 Allegation: Personal injury Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. City Council Minutes 09-11-12 Page 13524 • (f) (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 7, 2012. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 7, 2012 RECOMMENDATION TO ADOPT RESOLUTIONS AUTHORIZING THE INVESTMENT OF EXCESS FUNDS IN THE LOS ANGELES COUNTY TREASURY POOL (LACPIF) AND REVISING THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR CALENDAR YEAR 2012. Memorandum from City Treasurer David Cohn dated August 20, 2012. Action: To approve the staff recommendation to adopt: 1) Resolution No. 12-6814, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND REQUESTING THE INVESTMENT OF EXCESS FUNDS IN THE LOS ANGELES COUNTY TREASURY POOL"; and 2) Resolution No. 12-6815, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE STATEMENT OF INVESTMENT POLICY AND RESCINDING RESOLUTION NO. 12-6788." • (h) RECOMMENDATION TO APPROPRIATE AN ADDITIONAL $3,362.00 INTO THE EQUIPMENT REPLACEMENT FUND FROM THE GENERAL FUND AND AUTHORIZE THE PURCHASE OF ONE (1) NEW FIREFLY ESSENTIAL SERVICES VEHICLE (EESV) TO REPLACE AN EXISTING PARKING ENFORCEMENT VEHICLE THAT IS SCHEDULED FOR REPLACEMENT. Memorandum from Interim Police Chief Steve Johnson dated August 27, 2012. (i) • Action: To approve the staff recommendation to: 1) Appropriate an additional $3,362.00 into the Equipment Replacement Fund from the General Fund; and 2) Authorize the purchase of one (1) new Firefly Essential Services Vehicle (EESV) to replace an existing parking enforcement vehicle that is scheduled for replacement. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO (2) 2012 CHEVROLET TAHOE PPVS (PAINTED BLACK AND WHITE) AND ONE (1) CHEVROLET CAPRICE PPV TO REPLACE EXISTING 2007 FORD CROWN POLICE INTERCEPTORS; AND, AUTHORIZE THE APPROPRIATION OF AN ADDITIONAL $34,300 INTO THE EQUIPMENT REPLACEMENT FUND. Memorandum from Interim Police Chief Steve Johnson dated August 27, 2012. Action: To approve the staff recommendation to: City Council Minutes 09-11-12 Page 13525 • • • (i) 1) Authorize the purchase of two (2) 2012 Chevrolet Tahoe PPVs (painted black and white) and one (1) Chevrolet Caprice PPV to replace existing 2007 Ford Crown Police Interceptors; and 2) Authorize the appropriation of an additional $34,300 into the Equipment Replacement Fund. RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS FUNDS TO UPGRADE THE ELECTRICAL SERVICE CONNECTION TO THE NEW UPS SYSTEM IN THE AMOUNT OF $7,858.48. Memorandum from Interim Police Chief Steve Johnson dated August 22, 2012. Action: To approve the staff recommendation to authorize the appropriation of COPS funds to upgrade the electrical service connection to the new UPS system in the amount of $7,858.48. (k) RECOMMENDATION TO AMEND THE AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SOLID WASTE SERVICES CONTRACTING ASSISTANCE BY ADJUSTING THE COMPENSATION NOT TO EXCEED $150,000 A MODIFIED SCOPE OF SERVICES (WITHIN THE $166,000 LIMIT OF THE AGREEMENT) PLUS REASONABLE EXPENSES AND EXTENDING THE TERM TO MARCH 30, 2013; AND, EXTEND THE SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT WITH CONSOLIDATED DISPOSAL SERVICES UNTIL MARCH 30, 2013 AS NECESSARY TO ACCOMPLISH THE TRANSITION. MEMORANDUM FROM COMMUNITY DEVELOPMENT DIRECTOR KEN ROBERTSON DATED SEPTEMBER 4, 2012. Memorandum from Community Development Director Ken Robertson dated September 4, 2012. (1) (m) Action: To approve the staff recommendation to: 1) Amend the agreement with HF&H Consultants, LLC for Solid Waste Services Contracting Assistance by adjusting the compensation not to exceed $150,000 for a modified scope of services (within the $166,000 limit of the Agreement) plus reasonable expenses and extending the term to March 30, 2013; and 2) Extend the Solid Waste and Recycling Franchise Agreement with Consolidated Disposal Services until March 30, 2013 as necessary to accomplish the transition. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 2012. Action: To receive and file the action minutes of the Planning Commission meeting of August 21, 2012. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated August 16, 2012. City Council Minutes 09-11-12 Page 13526 • Action: To receive and file the report giving the status of capital improvement projects which are either under design or construction. • • (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 18, 2012. Action: To receive and file the action minutes of the Public Works Commission meeting of July 18, 2012. At 7:54 p.m., the order of the agenda moved to public hearing items 5(a) and (b). 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1332 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.64 TO THE HERMOSA BEACH MUNICIPAL CODE TO BAN POLYSTYRENE FOOD SERVICE WARE AND AMENDING CHAPTER 1.10 TO MAKE VIOLATIONS OF CHAPTER 8.64 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES. For adoption. Memorandum from City Clerk Elaine Doerfling dated September 5, 2012. City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting that it had been introduced at the August 14, 2012 meeting. Action: To waive full reading and adopt Ordinance No. 12-1332. Motion Tucker, second Fishman. The motion carried by the following vote: Ayes: Fishman, Tucker, Mayor Duclos Noes Bobko, DiVirgilio Absent: None Abstain: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS a. SPECIAL HEARING REGARDING OUTSOURCING PARKING ENFORCEMENT SERVICES. Memorandum from Interim Police Chief Steve Johnson dated August 22, 2012. Supplemental correspondence received September 11, 2012 from Adrienne Slaughter, Andre Klaser, Janet Dreste, Susan and Shawn Darcy, Timothy D. Moore, Kathy Cook, Mariann Scolinos, Alison McMahon Johnson, Steve McGanty, Rosemary Graham - Gardner, Sherree Riley, Ron Felsing, Leslie Neff and Larry Hoskinson, Karen Buchhagen, Greg Tucker, and City Treasurer David Cohn. Mayor pro tem Bobko spoke briefly on the issue. City Council Minutes 09-11-12 Page 13527 • • • The public hearing opened at 8:02 p.m. Coming forward to address the Council on this item were: Kelly Kovac -Reedy - Hermosa Beach, Neighborhood Watch/former crossing guard, said Community Services Officers (CSOs) know the community better than most residents and their knowledge would be important during a disaster or civil unrest; said having the word "police" on the CSO vehicles deters crime; Lou Morris - Hermosa Beach, said CSOs were "goodwill" officers; suggested hiring some part-time workers to decrease payroll costs and an agency to collect on unpaid tickets to increase revenue; Adrienne Slaughter - Hermosa Beach, Neighborhood Watch Captain, voiced agreement with the comments expressed above by Ms. Kovac -Reedy; Hany Fangary - Hermosa Beach, referenced the list of 115 duties performed by CSOs as previously outlined in a staff report by former Police Chief Greg Savelli, said CSOs are part of the community and residents want to feel safe and have a sense of community; Carolyn Petty - Hermosa Beach, spoke of the need for fiscal responsibility and transparency; said government salaries and benefits should be in line with those in the private sector; said the City is responsible to the taxpayers, not the unions; Roberta Moore - Hermosa Beach, supported having the Council conduct a study to determine whether outsourcing makes sense; Dr. Fritz Hershey - said the City should be run as a community for its citizens, adding there were important distinctions between public and private sectors; noting the recent approval of the new City Manager's pay at a competitive rate, said the Council should consider the "going rate" for quality public safety officers; opposed outsourcing City jobs; Greg Savelli - Hermosa Beach resident/former Police Chief, referenced the staff report he had prepared last year listing the primary duties and 115 different tasks performed by the CSOs, most of which could not be contracted out at the same level of quality; said if parking enforcement services are outsourced, Police officers would be burdened with traffic control; urged the Council to look at response times, towing liability, and other factors; said good City services increase property values; Rick Koenig - Hermosa Beach, agreed with the comments of speaker Greg Savelli; said the CSOs are fair, respectful, friendly, and good at their jobs; urged the Council to not outsource their positions; George Barks, Hermosa Beach property owner/former Councilmember, urged that all available information be obtained to ensure the most informed decision; also suggested there would be improved response times and efficiency with cooperative South Bay Police and Fire departments; J.R. Reviczkv - Hermosa Beach resident/former Councilmember, spoke of problems that occurred when the City of Hawthorne outsourced its fire department to the County; said CSOs are ambassadors of the City, and that the community would be upset with the decline of service if their positions were contracted out; City Council Minutes 09-11-12 Page 13528 • George Schmeltzer - Hermosa Beach resident/former Councilmember, asked the City Council to not ignore the subjective data about the sense of community the CSOs engender; said the real issue is not to have the cheapest product, but rather to have the best product; Gila Katz - Hermosa Beach resident/Police Department Chaplain, noted a study that found outsourcing to be more costly in the long run; said contracted employees would lack the level of commitment shared by the current CSOs; Gregorio Daniel - business agent for Teamsters Local 911, spoke of the CSOs' commitment to Hermosa's residents and to the safety of the community; noted that this is the fifth year with no compensation increases for employees; and Frank Hallstein - Hermosa Lock and Safe, said the CSOs work well together, are respectful, and do a great job throughout the community; said he agreed with all of this evening's favorable comments about the CSOs. The public hearing closed at 8:40 p.m. Proposed Action: To direct staff to use the Newport Beach request for proposals (RFP) as a model and begin the process of investigating whether the City should go with a private firm. Motion Bobko, second DiVirgilio. The motion failed due to the dissenting votes of Fishman, Tucker and Mayor Duclos. The meeting recessed at 9:18 p.m. The meeting reconvened at 9:36 p.m. b. TEXT AMENDMENT TO AMEND TITLE 17 (ZONING) OF THE MUNICIPAL CODE BY INCORPORATING THE CITY'S POLICY ON 'NO INTENSIFICATION OF LATE NIGHT ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS' OPEN AFTER 11:00 P.M. INTO THE CODE, AND PROVIDING FACTORS TO BE CONSIDERED WHEN MAKING DECISIONS ON CONDITIONAL USE PERMITS, INCLUDING ESTABLISHMENT OF A CAP ON SUCH ESTABLISHMENTS. Memorandum from Community Development Director Ken Robertson dated September 4, 2012. Supplemental email from resident Roberta Moore dated September 9, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 9:57 p.m. Coming forward to address the Council on this item were: Sal Longo - owner of Suzy's Bar & Grill, said he had hoped to obtain a full liquor license, currently held by only one business east of Pacific Coast Highway (PCH), noting the difficulty of making money without it; urged the Council to exempt that area from the proposed moratorium and limit the cap to the full -liquor establishments west of PCH; City Council Minutes 09-11-12 Page 13529 • • Cathy McCurdy — Redondo Beach, former Hermosa resident, said the area east of PCH should be considered separately as a matter of fairness; expressed concern that the City accepted payment from the owners of Suzy's Bar & Grill for an application that could never be approved (Councilmember DiVirgilio asked for review of the application process); Dana (last name indistinct) — employee of Suzy's Bar & Grill, said she was upset that the City accepted the application fee from Suzy's owners knowing the unlikelihood that a liquor license would be granted; Roberta Moore — Hermosa Beach, asked that the Council grant an exception for Suzy's Bar & Grill to obtain a full -liquor license; said she could walk there for a drink rather than drive to a business further away; opposed imposing a law on the whole city when Pier Avenue is the problem; Mark Warshaw — Hermosa Beach, attorney representing the owners of Budokan, said the proposed cap was unconstitutional and objected to the amendment; suggested the issue be handled on a case-by-case, location -by -location basis, noting that the business his clients have owned for six years is two or three blocks from Pier Plaza; and Tom Lastrapes — Hermosa Beach, expressed agreement with the comments made by Sal Longo, Cathy McCurdy, and Dina regarding Suzy's. The public hearing closed at 10:09 p.m. Action: To approve the recommendation of the Planning Commission to waive full reading and introduce Ordinance No. 12-1337, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE, CHAPTER 17 (ZONING), TO INCORPORATE THE CITY'S POLICY ON "NO INTENSIFICATION OF LATE NIGHT ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS." Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. Further Action: To direct staff to set the cap on the number of permitted late-night establishments 10 -percent below the base line. Motion Fishman, second Tucker. The motion carried by a unanimous vote. At 11 p.m., the City Council unanimously agreed to continue with the meeting. 6. MUNICIPAL MATTERS a. RE -INTRODUCTION OF ORDINANCE REVISING THE PURCHASING ORDINANCE TO AUTHORIZE PURCHASES THROUGH COOPERATIVE PURCHASING PROGRAMS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Finance Director Viki Copeland dated August 31, 2012. • Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. City Council Minutes 09-11-12 Page 13530 • • Action: To waive full reading and re -introduce Ordinance No. 12-1336, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE PURCHASING ORDINANCE TO AUTHORIZE PURCHASES THROUGH COOPERATIVE PURCHASING PROGRAMS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Motion Bobko, second Tucker. The motion carried by a unanimous vote. fli b. 2012 SPECIAL EVENT APPLICATIONS. Memorandum from City Manager Tom Bakaly dated August 28, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Mark Paaluhi — EVP World Finals Volleyball Tournament, said in the past they have had 200 to 300 participants, with a combined attendance of 1,200 persons (participants and spectators); and Carlos Cojulun — King's Hawaiian, said King's would be providing lunch for participants in the VIP section, along with Sparkling ICE from the other event sponsor. Action: To approve the EVP World Finals Volleyball Tournament on October 13, 2012, with the following changes recommended by the Parks, Recreation and Community Resources Commission: 1) Per Hermosa Beach Police requirement, EVP to provide two professional uniformed security officers; 2) EVP Tour to limit attendance to a total of 1,200 persons (participants and attendees combined); 3) EVP Tour to provide three portable restrooms at EVP Tour's expense; and 4) EVP to provide a new and accurate footprint of the event, eliminating bleacher seating. Motion Fishman, second Tucker. The motion carried by a unanimous vote. c. WEST COAST BEACH TENNIS REQUEST TO EXPAND EVENT. Memorandum from City Manager Tom Bakaly dated September 4, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Donny Young — West Coast Beach Tennis, said the request was to relocate the event, expand the footprint and add a third day. Action: To approve the request of West Coast Beach Tennis to change the name of their Beach Tennis Tournament event on October 27-28, 2012, to the Hermosa Open Beach Tennis International Championships with the following changes to the original approved application: City Council Minutes 09-11-12 Page 13531 • • 1) Add a third day, Friday, October 26, 2012, to the event; 2) Increase from 15 teams to 40-50 teams with about 500 spectators; 3) Move event from the 16th Street beach tennis courts to the volleyball courts north of the Pier; 4) Increase the footprint from three courts to ten courts, removing and replacing courts as needed; 5) Add tents, music, seating and lights, extending hours to 9:30 p.m.; 6) Add a sponsor car on Pier Plaza; and 7) Add advertising flags. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember DiVirgilio to authorize an expenditure of up to $20,000 for extra Los Angeles County public safety personnel over the next five weekends in case regional resources (e.g., L.A. Impact and South Bay SIU) are not available to assist City personnel in maintaining a high-level of public safety and to re -affirm the City's commitment to the public's safety in common areas often enjoyed by residents. Memorandum from Councilmember DiVirgilio dated September 11, 2012. Councilmember DiVirgilio spoke to his request. City Attorney Jenkins and City Manager Bakaly responded to Council questions. Proposed Action: To add the item to the agenda as an urgency item. Motion Bobko, second DiVirgilio. The motion and second were subsequently withdrawn. The Councilmembers expressed unanimous safety concerns and support for the request as a back-up plan, leaving it up to the City Manager to act under his own authority if the first step of collaborating with the other agencies is not successful, with a report back to Council. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Bill Davis and Diane Miller, on Tuesday, September 11, 2012, at the hour of 11:30 p.m. to the Regular meeting of Thursday, September 25, 2012 (which will be adjourned to Thursday, September 27, 2012). City Clerk City Council Minutes 09-11-12 Page 13532 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, September 25, 2012, at the hour of 7:00 p.m. ROLL CALL: Present: None Absent: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos (The meeting was rescheduled to Thursday, September 27, 2012, to accommodate the start of Yom Kippur this evening.) ADJOURNMENT — Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach was adjourned on Tuesday, September 25, 2012, at the hour of 7:01 p.m., to an Adjourned Regular Meeting to be held on Thursday, September 27, 2012 at the hour of 6:00 p.m. • City Council Minutes 09-25-12 Page 13533 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, September 27, 2012, at the hour of 6:05 p.m. ROLL CALL: Present: DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: Bobko (arrived after item 2) ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting of September 11, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a) Name of Case: 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 III ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 27, 2012, at the hour of 6:05 p.m., to a closed session. City Council Minutes 09-27-12 Page 13534 • RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:09 p.m. • PLEDGE OF ALLEGIANCE — Public Works Commissioner Julian Katz ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said no public comments were received before the Council adjourned into the Closed Session; no items were added to the agenda; and no reportable actions were taken on any of the items. ANNOUNCEMENTS — None PRESENTATIONS POLICE OFFICER SWEARING IN CEREMONY Guy Dove, accompanied by Interim Police Chief Johnson, was sworn in by Mayor Duclos before members of his family, many of whom are also public safety officers. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Mark Warshaw — Hermosa Beach, representing the owners and operators of two restaurants at 934 Hermosa Avenue; asked to speak on Consent Ordinance Item 3.b.; and Roger Bacon — Hermosa Beach, PCH/Aviation Boulevard Commissioner, said the creation of improved pedestrian thoroughfares on Pacific Coast Highway (PCH) had stalled, leaving several PCH intersections unsafe for children (Mayor Duclos suggested that Caltrans be invited back to an upcoming PCH/Aviation Boulevard Committee meeting). 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j). Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote, noting the abstention by Councilmember DiVirgilio on item 2(i). (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 14, 2012. • Action: To approve as presented the minutes of the regular meeting of the City Council held on August 14, 2012. City Council Minutes 09-27-12 Page 13535 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 68089 THROUGH 68240, AND NOS. 9024728, 9622924, 9624732, 9625325, 7548258, 7549775, 7549844, 7550082, 7550501, 7550551 AND 9629419, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 66973 AND 67982 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register and approve the cancellation of certain checks. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the August 2012 financial reports: (1) Revenue and Expenditure report; (2) City Treasurer's report; and (3) Investment report. • (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated September 11, 2012. Action: To receive and file the report giving the status of capital improvement projects which are either under design or construction. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JULY 2, 2012. (g) Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 2, 2012. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Tom Bakaly dated September 18, 2012. Claimant: Munir, Haneef Date of Loss: 08-27-12 Date Filed: 09-05-12 Allegation: Property Damage • Action: To deny the following claim and refer it to the City's Liability Claims Administrator, as recommended by staff. City Council Minutes 09-27-12 Page 13536 • (h) RECOMMENDATION TO RATIFY THE APPROPRIATION OF FUNDS UP TO $20,000 FOR EXTRA LOS ANGELES COUNTY PUBLIC SAFETY PERSONNEL TO ASSIST POLICE DEPARTMENT PERSONNEL IN MAINTAINING A HIGH-LEVEL OF PUBLIC SAFETY. Memorandum from Interim Police Chief Steve Johnson. (I) Action: To ratify, as recommended by staff, the appropriation of funds up to $20,000 for extra Los Angeles County public safety personnel to assist Police Department personnel in maintaining a high-level of public safety. RECOMMENDATION TO APPROVE THE EXTENSION OF A TOWING CONTRACT AWARDED SEPTEMBER 13, 2011 TO FRANK SCOTTO TOWING FOR THE FIRST OF TWO POTENTIAL ONE-YEAR EXTENSIONS. Memorandum from Interim Police Chief Steve Johnson. Supplemental email received September 26, 2012, from Howard Longacre. Action: To approve an extension of the Towing Contract awarded September 13, 2011 to Frank Scotto Towing for the first of two potential one- year extensions, as recommended by staff. (DiVirgilio abstained) (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 2012. • Action: To receive and file the action minutes of the Planning Commission meeting of September 18, 2012. 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1336 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVISING THE PURCHASING ORDINANCE TO AUTHORIZE PURCHASES THROUGH COOPERATIVE PURCHASING PROGRAMS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 13, 2012. City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting that it had been unanimously introduced at the last meeting. Action: To waive full reading and adopt Ordinance No. 12-1336. Motion Fishman, second Tucker. The motion carried by the following vote: AYES: Fishman, Tucker, DiVirgilio, Bobko, Mayor Duclos NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 12-1337 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, City Council Minutes 09-27-12 Page 13537 • CHAPTER 17 (ZONING), TO INCORPORATE THE CITY'S POLICY ON 'NO INTENSIFICATION OF LATE NIGHT ON -SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 13, 2012. Supplemental memorandum from Community Development Director Robertson dated September 26, 2012 recommending a minor change for clarification. Two supplemental letters pertaining to this item and item 6.b., one from Ron Pizer and the other from Mark Warshaw. City Clerk Doerfling presented the Ordinance for waiver of full reading and adoption, noting it had been unanimously introduced at the previous meeting. City Attorney Jenkins responded to Council questions. Action: To move this item and combine it with Municipal Matter item 6(b) for public testimony, discussion and Council action. Motion Bobko, second Fishman. The motion carried by a unanimous vote. (The action for this item is shown below for clarity.) Action: To waive full reading and adopt Ordinance No. 12-1337, amended as recommended to include the following minor change for clarification purposes: Section 1, 17.40.080(B)(2)(a), last sentence to read "The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time." Motion Tucker, second Fishman. The motion carried by the following vote: AYES: Tucker, Fishman, DiVirgilio, Mayor Duclos NOES: Bobko ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS — None 6. MUNICIPAL MATTERS a. AVIATION BOULEVARD BICYCLE LANE PRELIMINARY ENGINEERING STUDY. Memorandum from Public Works Director Frank Senteno dated September 18, 2012. Supplemental information from Julian Katz and Rick Hankus received September 25, 2012, and from George Schmeltzer received September 26, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. City Council Minutes 09-27-12 Page 13538 • The public hearing opened at 8:10 pm. Coming forward to address the Council on this item were: Katie McClure - Blue Zones Project, made a PowerPoint presentation; Roger Bacon - Ralph's Shopping Center, thanked Public Works for the Aubrey Court improvements; thought Artesia Boulevard would be a safer alternative, but encouraged the Council to consider all options; Bob Kaplan - Redondo Beach resident/Bike Committee member, said he appreciated the three beach cities working together; said the bike plan is only as good as its acceptance in the community; urged the Council to obtain technical input that would address any safety concerns; Lisa Santora - Hermosa Beach resident/Beach Cities Health District (BCHD) Chief Medical Officer, said BCHD was asking only for research at this time, not funding; spoke of their commitment to improve the safety of bicyclists riding on Aviation Boulevard; Julian Katz - Hermosa Beach, representing South Bay Bike Coalition, said the lanes will make bicycling less risky; said approving the next step would not commit the City to anything, but engineering studies need to be done in order to determine if the plan is feasible; submitted petitions with 1000 signatures in favor of the proposal; Sean Guthrie - Redondo Beach, said Aviation Boulevard bike lanes would have a positive effect on health and safety due to decreased vehicle emissions and reduced vehicle speeds; said local businesses would benefit and property values would increase; urged a reduction of our reliance on automobiles, with more walking and bicycling; and Pete Davis - Redondo Beach, said he had safety concerns about Aviation Boulevard, but would consider that route if there were bike lanes; urged the Council to combine the City's conceptual plans with the efforts of Blue Zones Project/Vitality City. The public hearing closed at 8:26 p.m. Action: To approve the staff recommendation to: 1) Receive and file the attached Aviation Boulevard Bicycle Lane Preliminary Engineering Study - Final Report; and 2) Authorize the Blue ZonesNitality City to seek grant opportunities that will fund the next phase of the project on behalf of the City of Hermosa Beach. Motion Fishman, second Duclos. The motion failed 3-2, due to the dissenting votes of DiVirgilio, Tucker and Bobko. b. ADOPTION OF RESOLUTION IMPLEMENTING MUNICIPAL CODE SECTION 17.40.080(B) PERTAINING TO LATE NIGHT ON -SALE ALCOHOL BEVERAGE ESTABLISHMENTS, BY ESTABLISHING A LIMIT ON THE NUMBER OF LATE NIGHT ON -SALE ESTABLISHMENTS OPEN AFTER 11:00 P.M. AND PROVIDING A LIST OF THE ASSIGNED OCCUPANT LOADS FOR SUCH ESTABLISHMENTS. Memorandum from Community Development Director Ken Robertson dated September 19, 2012. Supplemental memorandum from Community Development Director City Council Minutes 09-27-12 Page 13539 • Robertson dated September 26, 2012 recommending modifications for clarification purposes. Two supplemental letters pertaining to this item and item 3(b), one from Ron Pizer, another from attorney Mark Warshaw. Community Development Director Robertson presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:54 p.m. Coming forward to address the Council on this item was: Mark Warshaw — Hermosa Beach attorney representing the owners of La Campagna and Budokan restaurants, said the patrons of early -closing restaurants simply move on to other Pier Plaza establishments that are still open; said the proposed cap would make CUPs more valuable; suggested placing a cap on hours instead of number of businesses, and allowing the swapping of hours among businesses. The public hearing closed at 8:59 p.m. Mayor Duclos reopened the public hearing at 9:30 p.m. Coming forward to address the Council on this item was: Sandy Seaman — Hermosa Beach, suggested setting the cap at 30 and decreasing occupancy loads by 25% over the next 10 years; read a letter from a longtime citizen who expressed displeasure with the noise and crowds at Pier Plaza. The public hearing closed at 9:36 p.m. Action: To approve the staff recommendation to adopt Resolution No. 12- 6816, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IMPLEMENTING MUNICIPAL CODE SECTION 17.40.080(B) PERTAINING TO LATE-NIGHT ON -SALE ALCOHOL BEVERAGE ESTABLISHMENTS BY ESTABLISHING A LIMIT ON THE NUMBER OF LATE-NIGHT ON -SALE ESTABLISHMENTS OPEN AFTER 11:00 P.M. AND PROVIDING A LIST OF THE ASSIGNED OCCUPANT LOADS FOR SUCH ESTABLISHMENTS," amended to limit (cap) the number of establishments to 36, rather than the 37 proposed. Motion Tucker, second Fishman. The motion carried 4-1, noting the dissenting vote of Bobko. c. UPDATE ON THE PENDING ADOPTION OF A NEW MUNICIPAL STORMWATER PERMIT. Memorandum from Public Works Director Frank Senteno dated September 18, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. City Council Minutes 09-27-12 Page 13540 • • • Kathleen McGowan, P.E., came forward and responded to council questions. No one came forward to address the Council on this issue. Action: To approve the staff recommendation to: 1) Receive and file the New Municipal Stormwater permit status report; and 2) Authorize the Mayor to execute the attached letter addressed to California Regional Water quality Control Board (Regional Board) and authorize that it be read into the record at the Regional Board's scheduled public hearing scheduled for October 4 and 5, 2012. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. d. FIRE PERMITS INSPECTION FEES. Memorandum from Fire Chief David Lantzer dated September 19, 2012. Due to the lateness of the hour and the fact that no one was present to address the Council, this item was deferred to the meeting of October 9, 2012. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PUBLIC SAFETY UPDATE. Memorandum from Interim Police Chief Steve Johnson. Supplemental memorandum from City Manager Tom Bakaly dated September 27, 2012. Interim Police Chief Johnson presented the staff report and responded to Council actions. City Manager Bakaly also responded to Council questions. Action: To receive and file the public safety update report. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. RECEIVE AND FILE REPORT DETERMINING THAT THE CITY'S CONFLICT OF INTEREST CODE REQUIRES NO AMENDMENTS. Memorandum from City Clerk Elaine Doerfling dated September 12, 2012. City Clerk Doerfling presented the report and responded to Council questions. Action: To receive and file the report, as recommended. Motion Fishman, second Tucker. The motion carried by a unanimous vote. b. ADOPT FAIR POLITICAL PRACTICES COMMISSION FORM 806 (AGENCY REPORT OF PUBLIC OFFICIAL APPOINTMENTS) AND City Council Minutes 09-27-12 Page 13541 DIRECT THE CITY CLERK TO POST IT ON THE CITY'S WEBSITE. 411 Memorandum from City Clerk Elaine Doerfling dated September 17, 2012. • City Clerk Doerfling presented the report and responded to Council questions. Action: To approve the City Clerk's recommendation to: 1) Adopt the Fair Political Practices Commission Form 806, which identifies each Council -appointed position for which compensation is received, the salary or stipend received for each position and the name of the Council - appointed representative receiving the compensation; and 2) Direct the City Clerk to post the adopted Form 806 on the City's website and to thereafter amend the posted form to reflect future changes as they arise. Motion Fishman, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tempore Bobko to direct staff to prepare a report regarding having Council pay their "Employee Share" of their PERS contributions. Mayor Pro Tempore Bobko spoke to his request. Action: To direct staff to prepare a report regarding having Council pay their Employee Share" of their PERS contributions. Motion Bobko, supported by Fishman and Divirgilio. b. Request that Fire Chief Lantzer present an agenda item to budget funds to augment implementation of additional enforcement in the downtown area on a temporary basis. Councilmember Tucker added this agenda item and spoke to his request. Action: To invite Fire Chief Lantzer to present an agenda item to budget funds to augment implementation of additional enforcement in the downtown area on a temporary basis. Motion Tucker, supported by DiVirgilio and Mayor Duclos. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, September 27, 2012, at the hour of 11:03 p.m. to the Regular meeting of Tuesday, October 9, 2012. X • City Clerk City Council Minutes 09-27-12 Page 13542 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 9, 2012, at the hour of 7:04 p.m. • PLEDGE OF ALLEGIANCE — AJ Slater, Cub Scout Pack 713 ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember DiVirgilio clarified comments he had made at the September 11, 2012 meeting related to outsourcing jobs. He then noted his participation, along with Mayor Duclos and City Manager Bakaly, at an economic development panel discussion October 3 at the Community Center. Councilmember Fishman thanked AJ Slater for his interview before the meeting, during which AJ had asked about community service opportunities for his Cub Scout Pack, and suggested that groups with such opportunities available contact Agnes at agneshb(a�roadrunner.com. Mayor Duclos said City staff and Hermosa residents were well represented at the economic development symposium referenced by Councilmember DiVirgilio, and thanked event moderators Lori Ford and Jed Sanford of the Chamber of Commerce. He then announced a Blue Zones Project fundraiser at 6:45 p.m. on October 17 at Abigaile Restaurant and commended owner Jed Sanford for embracing the Blue Zones Project and creating a special menu for the event. PRESENTATIONS: PRESENTATION BY THE HERMOSA BEACH CHAMBER OF COMMERCE TO HERMOSA ARTS FOUNDATION HERMOSA BEACH ART GROUP HERMOSA BEACH EDUCATION FOUNDATION WOMAN'S CLUB OF HERMOSA BEACH HERMOSA BEACH KIWANIS CLUB FOR THEIR VOLUNTEER SERVICE AT THE LABOR DAY FIESTA Maureen Hunt, Executive Director of the Hermosa Beach Chamber of Commerce, invited forward representatives from the five non-profit organizations that provided volunteers to work in the beer garden at Fiesta Hermosa over Labor Day weekend and presented to each of them a check for $3,027 for service and tips (a total of $15,184). She also invited forward members of the Chamber's Board of Directors for a group photo. Sienna Tucker thanked Ken Hartley for doing a great job monitoring the beer garden this year, saying it was much improved. City Council Minutes 10-09-12 Page 13543 • PUBLIC PARTICIPATION: • • ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Ken Hartley — Hermosa Beach Amateur Radio Association (HBARA), presented a $500 check to Hermosa Beach Disaster Service Workers (HBDSW), citing Janice Brittain's outstanding efforts; Janice Brittain — HBDSW, presented the Council with registration forms and information on a disaster drill for Community Emergency Response Team (CERT) -trained individuals scheduled for Saturday, October 13, in conjunction with the cities of Manhattan Beach, Redondo Beach and El Segundo; spoke of the Red Cross Shelter Training taking place Saturday, November 3 at the Hermosa Beach Emergency Operations Center inside the Community Center; Ken Hartley — said Cub Scouts and Boy Scouts will be hosted by HBARA on "Jamboree on the Air" on Saturday, October 20 from 10 a.m. to 3 p.m.; Matt Bennett — Hermosa Chamber of Commerce, announced a welcome event for new City Manager Tom Bakaly on Thursday, November 1 at the Beach House, starting at 5:30 p.m. for Chamber members, and at 6:15 p.m. for the general public, and additional information is available on the Chamber's website at http://www.hbchamber.net; Vicki Garcia — Woman's Club of Hermosa Beach, presented the Council with invitations to its annual Pancake Breakfast on Sunday, October 21 from 8 a.m. to 12 noon at the Clark Building, noting that the fundraiser supports the police and fire departments, as well as local schools, scholarships and the veterans' memorial; said there will be a bounce house, pumpkin decorating and other activities for children; and Jessica Guheen — Leadership Hermosa Beach Alumni Committee (with two other members), invited all to the inaugural "Beach Ball" at Zen Lounge at 7 p.m. Saturday, November 3, where current and future leaders will be recognized and awards presented, with tickets available online at leadershiphermosa.org; presented invitations and nomination forms to the Councilmembers. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h). Motion Tucker, second Fishman. The motion carried by a unanimous vote. (a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF REGULAR MEETINGS OF SEPTEMBER 11, 2012 AND SEPTEMBER 25, 2012 AND THE ADJOURNED REGULAR MEETING OF SEPTEMBER 27, 2012. Action: To receive and file the memorandum. City Council Minutes 10-09-12 Page 13544 • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 68242 THROUGH 68363, AND NO. 9628793, 9632493, 9632496, AND 9636680. • • Action: To ratify the check register, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items, as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Tom Bakaly dated September 27, 2012. Claimant: Chinchilla, Nathan Date of Loss: 03-31-12 Date Filed: 09-20-12 Allegation: Personal injury Claimant: Conant, Danielle Date of Loss: 09-21-12 Date Filed: 09-26-12 Allegation: Property Damage Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator, as recommended. (e) RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 2011-12 TO 2012-13 AND APPROVE REVENUE REVISIONS RELATED TO THE REAPPROPRIATIONS. Memorandum from Finance Director Viki Copeland dated October 2, 2012. (f) Action: To reappropriate the funds listed in the staff report to the FY 2012-13 budget and approve revenue revisions related to the reappropriations, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING DATES FOR THE 2012-13 MIDYEAR BUDGET REVIEW AND THE 2013-14 BUDGET: MIDYEAR BUDGET REVIEW ON TUESDAY, FEBRUARY 12, 2013 AT 7:00 P.M., PRE -BUDGET MEETING WITH CITY COUNCIL ON THURSDAY, FEBRUARY 21, 2013 AT 7:00 P.M. AND BUDGET/CIP WORKSHOP ON THURSDAY, MAY 23, 2013 AT 7:00 P.M. Memorandum from Finance Director Viki Copeland dated September 25, 2012. Action: To receive and file the recommended dates for the 2012-13 Midyear Budget Review and the 2013-14. Pre -Budget meeting and Budget/CIP Workshop. City Council Minutes 10-09-12 Page 13545 • (g) • • RECOMMENDATION TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDA OF AGREEMENT (MOA) BETWEEN THE CITY OF HERMOSA BEACH AND THE CITY OF REDONDO BEACH FOR CONDUCTING SHORELINE MONITORING FROM 11/1/12 TO 10/31/14 AS REQUIRED BY THE SANTA MONICA BAY BEACH BACTERIA TOTAL MAXIMUM DAILY LOAD (SMBBB TMDL); APPROVE PAYMENT TO THE CITY OF REDONDO BEACH FOR RETAINING THE SERVICE OF MICHELSON LABORATORY TO PERFORM STORMWATER QUALITY MONITORING SERVICES REQUIRED BY THE SMBBB TMDL MEMORANDA OF AGREEMENT FOR 11/1/12 TO 10/31/14 IN THE AMOUNT OF $5,830 PER YEAR; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AMENDMENT #1 TO THE MOA SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from Public Works Frank Senteno dated October 2, 2012. Action: To approve the staff recommendation to: 1) Approve Amendment No. 1 to the Memoranda of Agreement (MOA) between the City of Hermosa Beach and the City of Redondo Beach for conducting shoreline monitoring from 11/1/12 to 10/31/14 as required by the Santa Monica Bay Beach Bacteria Total Maximum Daily Load (SMBBB TMDL); 2) Approve payment to the City of Redondo Beach for retaining the service of Michelson Laboratory to perform stormwater quality monitoring services required by the SMBBB TMDL Memoranda of Agreement for 11/1/12 to 10/31/14 in the amount of $5,830 per year; and 3) Authorize the Mayor to execute and the City Clerk to attest the Amendment No. 1 to MOA subject to approval by the City Attorney. (h) RECOMMENDATION TO ADOPT A RESOLUTION WHICH WOULD RETROACTIVELY EXTEND THE PREVIOUSLY APPROVED SALARY ADJUSTMENT FOR THE CITY CLERK (FROM PART-TIME TO FULL-TIME) THROUGH THE DEPUTY CITY CLERK'S BASIC TRAINING AND TRANSITION PERIOD ENDING AUGUST 31, 2012. Memorandum from City Clerk Elaine Doerfling dated October 1, 2012. Action: To adopt, as recommended, Resolution No. 12-6817, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK." 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS — None City Council Minutes 10-09-12 Page 13546 • • • 6. MUNICIPAL MATTERS — None a. FIRE PERMITS INSPECTION FEES. (Continued from meeting of September27, 2012.) Memorandum from Fire Chief David Lantzer dated September 19, 2012. Fire Chief Lantzer presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: 1) Authorize a credit of $146 for FY 2009-10 and a credit of $146 for FY 2010-11 to those auto repair businesses listed as eligible; and 2) Adopt Resolution No. 12- 6818, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 11-6749 (MASTER FEE RESOLUTION) BY APPROVING THE ADDITION OF OPERATIONAL FIRE PERMITS LISTED IN THE CALIFORNIA FIRE CODE (CFC) 105.6." Motion Fishman, second Tucker. The motion carried by a unanimous vote. b. AUTHORIZE PROCEEDING WITH A BANKING SERVICE AGREEMENT WITH BANK OF AMERICA. Memorandum from City Treasurer David Cohn dated September 24, 2012. City Treasurer Cohn presented his report and responded to Council questions. Finance Director Copeland and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Janice Webb — Citibank, said she did not know the Citibank contact person listed in the report; said she would have welcomed the opportunity to submit a competitive proposal to the City for banking services. Proposed Action: To continue the item and direct the City Treasurer to include proposals from Citibank and Chase Bank and return at the next meeting with an amended report. Motion Bobko, second DiVirgilio. The motion was subsequently withdrawn. Proposed Action: To direct the City Manager to do a full and complete study and allow Citibank and Chase Bank to participate in the bid process. Motion Bobko, second DiVirgilio. The motion failed, due to the dissenting votes of Fishman, Tucker and Mayor Duclos. Proposed Action: To request that the City Treasurer report back as to why Citibank and Chase Bank did not participate. Motion Tucker. The motion died for lack of a second. City Council Minutes 10-09-12 Page 13547 • • Action: To approve the recommendation to: 1) Authorize proceeding with Bank of America based on the Banking Service Agreement for five (5) years, with an option to extend for two (2) additional years; and 2) Authorize the City Manager or his designee to execute any necessary documents. Motion Fishman, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. Final Action: To require following a formal RFP process for future banking - related agreements, as amended to include direction to staff to conduct a review and standardize the RFP process as it relates to City services to ensure that the appropriate process is followed in future situations. Motion Mayor Duclos, second Tucker. The motion carried by a unanimous vote. c. REPORT REQUESTED BY CITY COUNCIL REGARDING HAVING CITY COUNCILMEMBERS PAY THE EMPLOYEE SHARE OF RETIREMENT CONTRIBUTIONS (EPMC). Memorandum from Finance Director Viki Copeland dated October 1, 2012. Finance Director Copeland presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the report and direct the staff to report back with further information on the issue, clearly documenting all restrictions and requirements for PERS and addressing all issues, including costs. Motion DiVirgilio, second Mayor Duclos. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CITY COUNCIL MEETING SCHEDULE FOR 2013. Memorandum from City Manager Tom Bakaly dated October 4, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Action: To direct staff to: (1) prepare the City Council meeting schedule for 2013 as proposed, with the inclusion of the dates for the Pre -Budget meeting of February 21, 2013, and the Budget/CIP Workshop of May 23, 2013, and (2) establish a Wednesday deadline for completion and distribution of agenda packets (instead of Thursday) for meetings that follow a Monday holiday. Motion Fishman, second Tucker. The motion carried by a unanimous vote. City Council Minutes 10-09-12 Page 13548 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - • CITY COUNCIL • a. VACANCIES — BOARDS AND COMMISSIONS — PUBLIC WORKS COMMISSION: UPCOMING TERM EXPIRATIONS AND ONE UNEXPIRED TERM. Memorandum from City Clerk Elaine Doerfling dated October 2, 2012. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To schedule applicant interviews with the Council prior to the meeting of October 23, 2012, with the appointments to follow at the regular meeting. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL — None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 9, 2012, at the hour of 9:12 p.m. to the Regular meeting of Tuesday, October 23, 2012. City Council Minutes 10-09-12 Page 13549 • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 23, 2012, at the hour of 6:10 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None INTERVIEWS OF PUBLIC WORKS COMMISSION APPLICANTS City Clerk Doerfling advised the City Council that applicant Michelle Keegan had withdrawn her application by an email received this afternoon. Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Richard Stapp Janice Brittain Kimberlee MacMullan The interviewed applicants were advised that the City Council would make the appointments at the regular meeting later that evening. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 23, 2012, at the hour of 6:55 p.m. to the Regular meeting, scheduled to begin at the hour of 7:00 p.m. City Council Adjourned Minutes 10-23-12 Page 13550 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, October 23, 2012, at the hour of 7:03 p.m. PLEDGE OF ALLEGIANCE - Judy Garland ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT - None ANNOUNCEMENTS - Councilmember Tucker commended the Woman's Club of Hermosa Beach for a successful pancake breakfast on October 21, noting that the proceeds are donated back to the community. He spoke of California Shake -out on October 18, and urged residents to sign up through the City website for CodeRED emergency telephone alerts. Councilmember Fishman reminded everyone to vote Tuesday, November 6. Mayor pro tem Bobko said voting is our most important civic obligation. He then read aloud several examples in which a single vote changed the course of history. Mayor Duclos said the meeting would be adjourned in memory of Alfredo Fedon, Deputy City Treasurer Maria Ghassemi's father, and extended condolences from the Council and City staff to her and her family. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Judy Garland - Hermosa Beach, said the City should be more concerned with crime than with harming businesses by banning the display of wares and the placement of dining tables in the public right-of-way; and David Cohn- City Treasurer, said the Treasurer's Report would be presented at the next meeting, noting that the yield is up; suggested the creation of a parking meter strategy task force as well as a finance committee; recommended certifying the City's investment policy at a cost of $175; also offered to assist in determining which items need to go through the RFP process and which do not. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k). • Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. City Council Minutes 10-23-12 Page 13551 III (a) RECOMMENDATION TO APPROVE THE FOLLOWING CITY COUNCIL MINUTES: 1) Regular meeting held on September 11, 2012; and 2) Regular meeting held on September 25, 2012. Action: To approve as presented the City Council minutes of the Regular meetings of September 11 and September 25, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 16364 THROUGH 68477, INCLUSIVE, AND 9640604, 9640235 AND 9642759. Action: To ratify the check register, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items, as presented. (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM FINANCE DIRECTOR VIKI COPELAND REGARDING THE SEPTEMBER 2012 REVENUE AND EXPENDITURE REPORTS, CITY TREASURER'S REPORT AND INVESTMENT REPORT. Action: To receive and file the Finance Director's memorandum regarding the September 2012 Revenue and Expenditure Reports, the City Treasurer's Report and Investment Report. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 19, 2012. (f) (g) Action: To receive and file the action minutes of the Public Works Commission meeting of September 19, 2012. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated October 15, 2012. Action: To receive and file the report giving the status of capital improvement projects which are either under design or construction. RECOMMENDATION TO REJECT ALL BIDS FOR PROJECT CIP 07-649 COMMUNITY CENTER SOUTH WING REWIRING; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO MAKE ADJUSTMENTS TO THE SCOPE OF WORK AS NECESSARY; AND, AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS AND INVITE ALL PREVIOUS PARTICIPATING BIDDERS TO RE -BID ON THE PROJECT. Memorandum from Public Works Director Frank Senteno dated October 16, 2012. City Council Minutes 10-23-12 Page 13552 • • Action: To approve the staff recommendation to: 1) Reject all bids for Project CI P 07-649 Community Center South Wing Rewiring; 2) Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary; and 3) Authorize staff to re -advertise for bids and invite all previous participating bidders to re -bid on the project. (h) RECOMMENDATION TO ACCEPT THE BID FOR THE SALE OF ONE USED POLICE BMW MOTORCYCLE AND AUTHORIZE THE SALE TO THE BIDDER. Memorandum from Interim Police Chief Steve Johnson dated October 16, 2012. (i) 0) Action: To approve the staff recommendation to: 1) Accept the bid for the sale of one used Police BMW motorcycle; and 2) Authorize the sale to the sole bidder. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Tom Bakaly dated October 17, 2012. Claimant: Kruszewski, Paul Date of Loss: 08-26-12 Date Filed: 10-15-12 Allegation: Personal injury Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 16, 2012. Action: To receive and file the action minutes of the Planning Commission meeting of October 16, 2012. (k) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING MC CORMICK'S DELAYED RESPONSE. Memorandum from Fire Chief David Lantzer dated October 15, 2012. Action: To receive and file the Fire Chief's memorandum regarding McCormick's delayed response. 3. CONSENT ORDINANCES — None III 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None 5. PUBLIC HEARINGS — None City Council Minutes 10-23-12 Page 13553 • 6. MUNICIPAL MATTERS a. REQUEST FOR AN ADDITIONAL $20,000 FOR FIRE DEPARTMENT'S FISCAL YEAR 2012-13 OVERTIME BUDGET. Memorandum from Fire Chief David Lantzer dated October 15, 2012. Fire Chief Lantzer presented the staff report and responded to Council questions. Community Development Director Robertson also responded to Council questions regarding his code enforcement staffing. No one came forward to address the Council on this issue. Proposed Action: To approve adding $15,000 to the Fire Department's fiscal year 2012-13 overtime budget for personnel expenses to be incurred for joint Fire Department/Police Department operations, and another $5,000 to the Community Development Department for assistance with inspections. Motion Tucker, second Fishman. The motion was replaced by the following subsequent motion. Action: To approve the addition of $20,000 to the Fire Department's fiscal year 2012-13 overtime budget for personnel expenses to be incurred for joint HBFD/HBPD operations, with the understanding that the Fire Department and Community Development Department will consider teaming up for purposes of flexibility, in the event that there are no volunteers. Motion Fishman, second Mayor Duclos. The motion carried by a unanimous vote. b. PRESENTATION AND DISCUSSION OF GRANT AWARDED BY THE STATE STRATEGIC GROWTH COUNCIL FOR THE CITY TO UPDATE AND INTEGRATE ITS GENERAL PLAN AND COASTAL LAND USE PLAN INTO A `COMPREHENSIVE BLUEPRINT FOR SUSTAINABILITY AND A LOW CARBON FUTURE'. Memorandum from Community Development Director Ken Robertson dated October 17, 2012. Community Development Director Robertson presented the staff report and responded to Council questions. Senior Planner Pamela Townsend gave a PowerPoint presentation (Councilmember DiVirgilio requested that it be added to the agenda packet) and responded to Council questions. City Manager Bakaly also responded to Council questions. Coming forward to address the Council on this item were: Craig Cadwallader — Surfrider Foundation, commended staff for an excellent presentation; stressed the need to adopt a Local Coastal Program (LCP) to protect the City's most valuable resource; urged reinstating the Green Task Force as soon as possible; suggested that Hermosa also be called the "the smartest little beach city"; David Cohn — City Treasurer, spoke of the importance of proceeding with the process for the protection of the City; City Council Minutes 10-23-12 Page 13554 • Dency Nelson — Hermosa Beach, said residents are paying attention to this issue and this exciting opportunity; thanked Councilmember DiVirgilio for his part in obtaining the grant; and Robert Fortunato — Hermosa Beach, spoke of the benefits of decreasing the carbon footprint, which would draw attention to the City and increase tourism; said the big challenge will be convincing residents to commit to making Hermosa the first carbon neutral city in the United States. Proposed Action: To direct staff to distribute a Request for Proposals (RFP) to prepare the integrated General Plan/Coastal Land Use Plan Update and Environmental Impact Report and return with an Agreement for Professional Services, as recommended by staff, with the RFP to include the following: 1) A stand-alone component to prepare the additionally -required documents necessary for submittal of a Local Coastal Program (LCP) either concurrently or sequentially, and 2) As part of community outreach, proposals on whether to form an oversight committee and/or a Green Task Force (in addition to the City's other Commissions) and, if so, the role and timing of each. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER III a. HOLIDAY PARKING PROGRAM. Memorandum from City Manager Tom Bakaly dated October 18, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Action: To approve three hours of free parking for all on -street silver meters (excludes the parking structure and Lots A and B downtown) from Tuesday, December 11, 2012 through Tuesday, December 25, 2012 (option 1 in the staff report); and direct staff to request the Chamber of Commerce to help fund the program and replace some of the lost revenue to the City. Motion Fishman, second Tucker. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS — PUBLIC WORKS COMMISSION APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated October 16, 2012. Supplemental memorandum from City Clerk Doerfling dated October 23, 2012. City Clerk Doerfling presented the report and responded to Council questions, noting that one of the four applicants had withdrawn her application. Action: To appoint Janice Brittain, Kimberlee MacMullan and Richard Stapp to the full four-year terms that will expire October 31, 2016, and direct the City City Council Minutes 10-23-12 Page 13555 • • • Clerk to re -advertise and invite applicants for the unexpired term ending October 31, 2014. Motion Bobko, second Tucker. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Duclos that the Fire Chief and the Police Chief provide oral reports at upcoming Council meetings giving the essence of their respective detailed monthly reports, due to City Council concern about crime increases in the community. Mayor Duclos added this item to the agenda and spoke to his request. Action: To direct the Fire Chief and Police Chief to present oral reports at City Council meetings giving the essence of their respective detailed reports. Motion Mayor Duclos, supported by Tucker and Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Alfredo Fedon, on Tuesday, October 23, 2012, at the hour of 9:16 p.m. to the Regular meeting of Tuesday, November 13, 2012. Deputy City Clerk City Council Minutes 10-23-12 Page 13556 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of • Hermosa Beach, California, held on Tuesday, November 13, 2012, at the hour of 6:00 p.m. • ROLL CALL: Present: None Absent: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting of September 27, 2012. 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiators: Richard Kreisler, Jeff Freedman & Viki Copeland Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented employees 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.9(a) Property: South Park (Mineral Rights) (Parcel #4188-019-907) Negotiating Party: Hermosa Beach School District City Negotiator: City Manager Under Negotiation: Price and Terms of Payment ADJOURNMENT - Due to the lack of a quorum, the Closed Session portion of the Regular Meeting was adjourned on Tuesday, November 13, 2012, at the hour of 6:01 p.m. to the Regular Meeting's Open Session, which took place at 7:03 p.m. PLEDGE OF ALLEGIANCE - Maureen Hunt ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos City Council Minutes 11-13-12 Page 13557 • Absent: None CLOSED SESSION REPORT — None ANNOUNCEMENTS — Councilmember Tucker wished a Happy Thanksgiving to all; asked everyone to "shop Hermosa" for the holidays; encouraged residents to make donations at the Fire Station for the 20th annual Beach Cities Toy Drive through Saturday, December 15 — the date of the wrapping party, which this year will take place at 11:00 a.m. at Joslyn Center in Manhattan Beach Joslyn Center, where refreshments and event T-shirts will be provided for the volunteers. Mayor Pro Tem Bobko thanked everyone who made the Veterans Day Memorial Service possible, including Hermosa Beach residents Mike Flaherty, who was in charge of the event, and Coast Guard Lt. Cmdr. Elizabeth Booker, who gave the keynote address. He reminded residents that veterans (young and old alike) always appreciate being thanked for their service. Councilmember Fishman urged everyone to attend the Chamber of Commerce's Sidewalk Sale on Saturday, November 17 from 10 a.m. to 6 p.m. in downtown Hermosa. He then announced the Hermosa Beach Historical Society event at the Museum at 6 p.m. Friday, November 16, with the Volleyball Hall of Fame opening to the public and an opportunity to meet players and view memorabilia. • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Tommy Youdbulis — Hermosa Beach, presented a petition with signatures of residents at the Hermosa R.V. Court, 731 10th Street, concerning excessive noise and unsanitary garbage conditions at the neighboring site of My Fit Foods at 1025 Pacific Coast Highway; said the District Manager has been unresponsive (Mayor Duclos told him to submit the petition to the City Clerk, and said staff would contact him); Norm Potter — Hermosa Beach, addressed concerns he raised at a previous meeting regarding his long wait for ambulance service, urged formation of a blue ribbon committee to resolve the issue which exists because the City no longer has two emergency ambulance paramedic units for hospital transport due to budget cuts; offered to serve as a citizen member if a committee is formed (Mayor Duclos asked him to give the City Clerk his phone number, said the City is looking at the issue); and Nicole Webb and Alicia Telford — Hermosa Beach, questioned the installation of a handicap parking space in front of their neighbor's house; asked for a review before it is painted to be sure there is a legitimate need (Public Works Director Senteno responded to posting questions; Mayor Duclos asked them to contact the City Manager in the morning). 2. CONSENT CALENDAR: City Council Minutes 11-13-12 Page 13558 Action: To approve the consent calendar recommendations (a) through (f). IIIMotion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Adjourned Regular meeting held on September 27, 2012; 2) Regular meeting held on October 9, 2012; 3) Special meeting held on October 23; 2012; and 4) Regular meeting held on October 23, 2012. Action: To approve as presented the City Council minutes of the Adjourned Regular meeting of September 27, 2012, the Regular meeting of October 9, 2012, the Special meeting of October 23, 2012, and the Regular meeting of October 23, 2012. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 68478 THROUGH 68707, AND NOS. 9646672, 9649942, 900260807 AND 167, AND TO APPROVE THE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register and approve the cancellation of certain checks as recommended by the City Treasurer. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE • AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items. (d) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated November 5, 2012. Action: To receive and file the report of Customer Service Surveys/ Complaints. (e) RECOMMENDATION TO AWARD BID FOR FIRE APPARATUS RETROREFLECTIVE STRIPING TO EMERGENCY VEHICLE GROUP, INC. OF ANAHEIM FOR $10,44.1.31. Memorandum from Fire Chief David Lantzer dated November 5, 2012. (f) Action: To award the bid for fire apparatus retroreflective striping to Emergency Vehicle Group, Inc. of Anaheim for $10,441.31, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF OCTOBER 1, 2012. Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of October 1, 2012. City Council Minutes 11-13-12 Page 13559 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION - None 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. CONSIDER REQUEST FROM THE HERMOSA BEACH CHAMBER OF COMMERCE FOR APPROVAL OF UPCOMING HOLIDAY EVENTS AND SERVICES. Memorandum from City Manager Tom Bakaly dated November 7, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Public Works Director Senteno responded to Council questions. Coming forward to address the Council on this item were: Lori Ford - Hermosa Beach Chamber of Commerce, announced the Chamber's purchase of 38 banners, designed in conjunction with Art Walk, welcoming residents and visitors to downtown Hermosa; Matt Bennett - Hermosa Beach Chamber of Commerce, said they do not require City staffs help for the New Year's Eve event or tree -lighting ceremony, but request a waiver of the sound amplification fee for each event and hoped to use the City's stage for the tree -lighting event; and Maureen Hunt - Hermosa Beach Chamber of Commerce, said they would appreciate the use of a City fire truck to transport Santa Claus to the tree -lighting event as has been done in past years. Action: To approve the staff recommendation to: 1) Approve the annual Holiday Tree Lighting event on Pier Plaza on Thursday, December 6, 2012, and appropriate $3,500 from funds committed in the General Fund from Beach Promotions to cover the City's portion of Holiday Tree refurbishment; 2) Approve New Year's Eve Celebration on the Plaza starting at 8:00 p.m. on December 31, 2012, and ending at 1:00 a.m. on January 1, 2013; 3) Approve Chamber management of pole banners on Pier Avenue subject to City staff approval of content; and 4) Approve the installation of holiday lights and decorations on Pacific Coast Highway, Pier Avenue, Hermosa Avenue (between 10th and 14th streets) and the Plaza, including the placement of banners down the center of Hermosa Avenue from 10th Street to 14th Street as requested by the Chamber of Commerce; with the approval of this evening's request by the Chamber of Commerce for waiver of the sound amplification fee for the New Year's Eve event and the Holiday Tree Lighting event, and as amended at the request of Mayor Duclos to require a formal contract for the pole banners. Motion Bobko, second Tucker. The motion carried by a unanimous vote. City Council Minutes 11-13-12 Page 13560 • b. CIP 11-127 CITYWIDE STREET IMPROVEMENTS, AWARD CONSULTANT ENGINEER CONTRACT AND PAVEMENT MANAGEMENT REPORT. Memorandum from Public Works Director Frank Senteno dated October 29, 2012. Supplemental revised contract received from staff November 13, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. Assistant City Attorney Lauren Langer noted the revisions made to the contract and responded to Council questions. (Per the direction of Mayor Duclos, the Implementation of a Street Improvement Program [Recommendation No. 2 in the staff report] was considered separately following action on the other four recommended items, which are appropriately renumbered in the motion that follows.) Action: To approve the staff recommendation to: 1) Receive and file the report for both the upcoming street improvement project and Pavement Management Report (PMP); 2) Approve a Professional Services Agreement with Psomas of Santa Ana to perform project management services for various Capital Improvement Program (CIP) Projects on an interim basis, for a not -to -exceed amount of $116,480; 3) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and 4) Authorize the Director of Public Works to make changes to the agreement within the project budget. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. Coming forward to address the Council on this item was: Peter Bucknam — Bucknam & Associates, gave a PowerPoint presentation on the report, including a review of factors that affect pavement life, the City's current street conditions; the need for a pavement management program with a balanced approach that includes a cyclical preventative maintenance program; and responded to Council questions. Final Action: To approve, as recommended by staff, policy to implement a Street Improvement Program based on the recommendations found in the Pavement Management Program Report prepared by Bucknam Associates. Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL — None • 9. OTHER MATTERS - CITY COUNCIL — Councilmember DiVirgilio spoke of a letter he had received from Los Angeles World Airport regarding an upcoming public study they are conducting to address what they call non -conforming City Council Minutes 11-13-12 Page 13561 aircraft during the noise -sensitive hours between midnight and 6:30 a.m. He suggested, if there is Council concurrence, that City Manager Bakaly advise the city managers in and around El Segundo, who take a leadership role in protecting the South Bay from airport issues, that Hermosa Beach supports them in their efforts. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 13, 2012, at the hour of 9:40 p.m. to the Regular Meeting of Tuesday, November 27, 2012. City Clerk • • Deputy City Clerk City Council Minutes 11-13-12 Page 13562 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 27, 2012, at 6:05 p.m. • • ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: Closed Session meeting of September 27, 2012. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: South Park (Mineral Rights) (Parcel #4188-019-907) Negotiating Parties: Hermosa Beach School District City Negotiator: City Manager Under Negotiation: Price & Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Loutzenhiser v. City of Hermosa Beach, Los Angeles County Los Angeles County Superior Court Case Number: BC490219 5. 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 City Council Minutes 11-27-12 Page 13563 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the • City of Hermosa Beach adjourned on Tuesday, November 27, 2012, at the hour of 6:05 p.m., to a closed session. • RECONVENE TO OPEN SESSION — At the hour of 6:50 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:03 p.m. PLEDGE OF ALLEGIANCE — Ken Klade ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments, no items added to the agenda, and no reportable actions taken. ANNOUNCEMENTS — Councilmember Tucker thanked the Chamber of Commerce and business owners for the holiday decorations in the community; welcomed Chase Bank, with its new branch opening in the Bijou, and acknowledged their efforts to preserve the historic value of the building; encouraged donations to the 20th Annual Beach Cities Toy Drive, which concludes December 15 at an 11 a.m. wrapping party at the Joslyn Community Center in Manhattan Beach, noting that toys may be dropped off at the Hermosa and Manhattan fire stations; and said the Snowfest will not occur this year due to technical difficulties and other logistical problems, but Dennis from Spyder promised that next year's event will be the best ever. Mayor pro tem Bobko and Councilmember DiVirgilio addressed a letter they had co- authored earlier this week asking the City Manager about adding to tonight's agenda an emergency item giving the Council authority over the City's finances during the investigation involving the City Treasurer to ensure City funds are protected. In response to Council questions, City Attorney Jenkins said adding an emergency item to the agenda required a two-thirds vote and specific findings. City Manager Bakaly responded to questions regarding the status of the investigations. Proposed Action: To add to the agenda an emergency item giving the Council authority over the City's finances during the investigation involving the City Treasurer based on the findings that the issue arose after the posting of the agenda and required immediate action. Motion Bobko, second DiVirgilio. The motion failed to garner the four votes needed to pass due to the dissenting votes of Duclos and Fishman. PRESENTATIONS INTRODUCTION OF NEW FIREFIGHTER Hermosa Beach Firefighter/Paramedic Paul Shakstad was introduced and sworn in by Fire Chief Lantzer before several of his friends and family members. City Council Minutes 11-27-12 Page 13564 • PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications this evening. • • Coming forward to address the Council at this time were: Ken Klade - Arts Group of Hermosa Beach (AGHB) president and founder, said this year was Hermosa Art Walk's 10`h anniversary; presented the Hermosa Beach Murals Project (HBMP) with a $1,000 check in support of its efforts; George Schmeltzer - Hermosa Beach Murals Project, said three of the 10 planned murals reflecting Hermosa's history are now in place and the organization is taking suggestions for the next mural's theme; thanked the Council for the City's support of the Art Walk; Pat Love - Hermosa Beach Kiwanis Club, invited all to the Kiwanis Club Christmas tree lot, noting that all proceeds go back to the community; Judy Garland - Hermosa Beach, urged the Council to reconsider the request of Mayor pro tem Bobko and Councilmember DiVirgilio to take control of the City's finances during the City Treasurer investigation; Ray Waters - Hermosa Beach, commended the Councilmembers who voted against the request this evening by Mayor pro tem Bobko and Councilmember DiVirgilio to take control of the City's finances; Gary Doane - said checks, balances and oversight are factors involved with all successful businesses; and Manny Serrano - Hermosa Beach, said the situation involving City Treasurer Cohn is embarrassing to him as a resident; hoped it would be taken seriously and concluded in a timely manner. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j). Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 13, 2012. Action: To approve as presented the minutes of the regular meeting of the City Council held on November 13, 2012. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 68708 THROUGH 68835, NOS. 2374, 2374 AND 8139, AND NOS. 9457210, 9461221, 9461423, 9462051, 9463148, 9463273, 5046250, 5050523, 5050723, 5050723, 5051395, 5052537, 5052663, 500155964; AND TO APPROVE CANCELLATION OF CHECK NOS. 68373, 38678 AND 68737, AS RECOMMENDED BY THE CITY TREASURER. City Council Minutes 11-27-12 Page 13565 • Action: To ratify the check register and approve the cancellation of certain checks, as recommended. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the September 2012 financial reports. (e) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2012 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. (f) (g) Action: To receive and file the October 2012 financial reports. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 2, 2012. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 2, 2012. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #70364 FOR A 7 -UNIT COMMERCIAL CONDOMINIUM PROJECT AT 250 PIER AVENUE. Memorandum from Community Development Director Ken Robertson dated November 19, 2012. Action: To approve the staff recommendation to adopt Resolution No. 12- 6819, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 70364, FOR THE SUBDIVISION OF A SEVEN -UNIT COMMERCIAL CONDOMINIUM, LOCATED AT 205 PIER AVENUE, LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST ADDITION TO HERMOSA BEACH, IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Frank Senteno dated November 19, 2012. City Council Minutes 11-27-12 Page 13566 • Action: To receive and file the report giving the status of capital improvement projects that are either under design or construction. • (i) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP PROJECT NO. 10-426 AND 11-401 SEWER IMPROVEMENTS - VARIOUS LOCATIONS TO SOUTHWEST PIPELINE AND TRENCHLESS CORPORATION IN THE AMOUNT OF $468,310; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY ATTORNEY; ADOPT RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP PROJECT NO. 10-426 AND CIP PROJECT NO. 11-401 SEWER IMPROVEMENTS — VARIOUS LOCATIONS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET. Memorandum from Public Works Director Frank Senteno dated November 20, 2012. G) Action: To approve the staff recommendation to: 1) Award the Construction Contract for CIP Project No. 10-426 and 11-401 Sewer Improvements - Various Locations to Southwest Pipeline and Trenchless Corporation in the amount of $468,310; 2) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; 3) Adopt Resolution No. 12-6820, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP PROJECT NO. 10-426 AND CIP PROJECT NO. 11-401 SEWER IMPROVEMENTS — VARIOUS LOCATIONS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; and 4) Authorize the Director of Public Works to make changes as necessary within the project budget. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 2012. Action: To receive and file the action minutes of the Planning Commission meeting of November 20, 2012. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION — None III 5. PUBLIC HEARINGS — None City Council Minutes 11-27-12 Page 13567 • 6. MUNICIPAL MATTERS a. HERMOSA BEACH POLICE AND FIRE STATISTICAL ANALYSIS. Oral reports from Interim Police Chief Steve Johnson and Fire Chief David Lantzer. Interim Police Chief Johnson and Fire Chief Lantzer presented the staff reports and responded to Council questions. No one came forward to address the Council on this matter. Action: To receive and file the reports. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. b. DIRECTION ON CONTRACTING FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES (TRASH AND RECYCLING SERVICES) IN HERMOSA BEACH. Memorandum from Community Development Director Ken Robertson and Public Works Director Frank Senteno dated November 19, 2012. Community Development Director Robertson and Public Works Director Senteno presented the staff report and responded to Council questions. • Gary Clifford, Chief Operating Officer of Athens Services, responded to Council questions. Lisa Keating, project manager with HF&H Consultants, LLC (the City's solid waste management consultant), responded to Council questions. Coming forward to address the Council on this item were: Lisa Ryder — Hermosa Beach, former member of the Green Task Force (GTF), was pleased that the Council took into consideration many of the GTF's recommendations, but was bothered by the selection of the single -stream option for commercial customers; and Dency Nelson — Hermosa Beach, said single -stream was a step backward in practice and means less recycling, especially commercially; asked the Council for clarification on details of the contract with Athens. Action: To direct staff to return with a draft Solid Waste Franchise Agreement for Integrated Solid Waste Management Services incorporating the stated enhancements, for consideration at a noticed public hearing at the earliest possible time, as recommended by staff. Motion Bobko, second Tucker. The motion carried by a unanimous vote. c. ELECTRIC VEHICLE CHARGING STATIONS ON PIER AVENUE AND AT CITY HALL — UPDATE AND ESTABLISH FEE RESOLUTION. Memorandum from Public Works Director Frank Senteno dated November 19, 2012. City Council Minutes 11-27-12 Page 13568 • Public Works Director Senteno presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Dencv Nelson - Hermosa Beach, said the free charging stations promote the patronization of local businesses, the use of electric vehicles, and Hermosa as a "green" city; said a rate of $1 per hour would be less than other local charging stations and good for the City as a result; and Ray Waters - Hermosa Beach, spoke in support of the free charging stations that encourage patronization of local businesses while electric vehicle owners wait for their vehicles to be charged. Action: To receive and file the report and direct staff to initiate a fee resolution to take effect May, 2014. Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. d. CANCELLATION OF THE THIRD ANNUAL SNOWFEST EVENT - SATURDAY AND SUNDAY, DECEMBER 8 AND 9, 2012, 10:00 A.M. TO 9:00 P.M. ON PIER AVENUE AND PIER PLAZA. No action was required or taken. • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL • (a) Request from Councilmember Tucker to direct staff to return on December 11, 2012 with options for allowing restaurants to stay open on New Year's Eve until 12:30 a.m. Councilmember Tucker spoke to his request. Action: To direct staff to report back at the December 11, 2012 meeting with options to allow many Hermosa restaurants to stay open after midnight on New Year's Eve until 12:30 a.m. Motion Tucker, supported by Bobko and Fishman. (b) Request from Mayor pro tem Bobko to direct staff to agendize for the next meeting Council consideration of options regarding the role and responsibilities of the City Treasurer and the authorization of staff to assume those duties if he is incapacitated. City Council Minutes 11-27-12 Page 13569 • • • Mayor pro tem Bobko spoke to his request. Action: To direct staff to report back at the December 11, 2012 meeting on the role and responsibilities of the City Treasurer and the authorization of staff to assume those duties if the City Treasurer is incapacitated. Motion Bobko, supported by DiVirgilio and Tucker. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 27, 2012, at the hour of 9:36 p.m. to the Regular meeting of Tuesday, December 11, 2012. 6t9 Deputy City Clerk City Council Minutes 11-27-12 Page 13570 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 11, 2012, at the hour of 6:00 p.m. ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. APPROVAL OF MINUTES: a. Closed Session meeting held on November 13, 2012; and b. 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, L.A.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 and 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 Professional Engineers Bargaining Group Unrepresented employees City Council Minutes 12-11-12 Page 13571 • • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 11, 2012, at the hour of 6:07 p.m., to a closed session. RECONVENE TO OPEN SESSION — At the hour of 6:43 p.m., the Closed Session adjourned to the Regular Meeting, which was called to order at 7:04 p.m. PLEDGE OF ALLEGIANCE — Tricia Light ROLL CALL: Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: None CLOSED SESSION REPORT — City Attorney Jenkins said no public comments were received before the Council adjourned into the Closed Session; no items were added to the agenda; no reportable actions were taken on any of the litigation items; and the labor negotiation item was on the agenda as item 2(1). ANNOUNCEMENTS — Councilmember Tucker thanked the Police Department for transporting Santa Claus throughout City neighborhoods this holiday season. He then spoke of the 20th annual Beach Cities Toy Drive, which concludes at 11 a.m. on December 15 at the Joslyn Community Center in Manhattan Beach with a wrapping party featuring live music, food and commemorative t -shirts; urged residents to drop off unwrapped toys at the Manhattan and Hermosa Fire stations, noting that the toys are distributed to local charities. He said the poinsettias on display in the Council Chambers were furnished by him as an annual gesture to thank staff for their hard work, and invited each staff member to take a plant home. Councilmember Fishman spoke of Hermosa Beach Police Officer Everett Faulk's daughter Jasmine's battle with cancer; said donations toward her expenses may be sent to the Hermosa Beach Police Officers Association (HBPOA), which can be reached via Facebook or by calling (310) 318-0360; said the HBPOA is selling pink bracelets to show support for Jasmine; spoke of the $75,000.00 donation from actor Charlie Sheen and the $25,000.00 donation from his stunt double, Eddie Braun. Mayor Duclos read some of the "newspaper ads" promoting Hermosa Beach that were written by his wife's 6th grade journalism students at Hermosa Valley School. Noting the Blue Zones Project Mayors' Challenge, he encouraged residents to take the pledge and announced a Mayors' cook -off at 6:30 p.m. (doors open at 5:30 p.m.) on January 9 at Abigaile (commending the talents of Chef Tin Vuong), with the mayor of each participating city selecting a top chef from his or her community to create two dishes; go to bluezonesproiect.com for more information. He recognized longtime resident and environmental advocate Dency Nelson, the recent recipient of the Franklin J. Schaffner Lifetime Achievement Award given by the Directors Guild of America. He said tonight's meeting would be adjourned in memory of Ted Kerwin, lifetime Hermosa resident and enshrinee in the Hermosa Beach Surfers' Walk of Fame. City Council Minutes 12-11-12 Page 13572 • PRESENTATIONS PRESENTATION BY LEADERSHIP HERMOSA HERMOSA BEACH EMERGING LEADER AWARD This presentation was continued to a future meeting to be determined later. ANNOUNCEMENT OF THE WINNER OF THE PARKING PERMIT ART CONTEST Mayor Duclos congratulated Jeff Capri for winning the Parking Permit Art Contest. Mr. Capri spoke of his inspiration for the winning submission. CITY TREASURER'S 4TH QUARTER INVESTMENT REPORT City Treasurer David Cohn presented the 4th Quarter Investment Report and responded to Council questions. Andrew Westling of Union Bank assisted with the presentation and responded to Council questions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Barbara Ellman - Hermosa Beach, requested updated information on the City's website about royalties and tidelands money from the proposed oil project and that new items be highlighted; had concerns about the dangers of offshore drilling and environmental issues (City Manager Bakaly said everything received so far is on the City's website but improvements would be looked at, the Environmental Impact Report (EIR) consultant would be hired by March, 2013, and the economic study would commence within six to nine months); Jim Lissner - Hermosa Beach, spoke and submitted copies of his August 2012 letter requesting clear information about liquidity and unassigned funds in the City's Comprehensive Annual Financial Report (CAFR) as is provided by several other cities; stressed the need for transparency and urged the Council to provide this data to Hermosa residents; Judy Garland - Hermosa Beach, commended Maureen Hunt of the Chamber of Commerce, who was named the 2012 Professional of the Year by the Hermosa Beach Rotary Club; praised the Chamber of Commerce for opposing Los Angeles County's "Clean Water, Clean Beaches" measure, saying it would raise property taxes; commended Hermosa's Fire Department for resuscitating a woman in physical distress, an episode she witnessed; spoke of her disappointment with the turnout at tonight's "walkabout" and encouraged citizens to shop Hermosa; Sal Longo - owner of Suzy's Bar & Grill in Hermosa Beach since 1995, requested the moratorium on conditional use permits (CUPS) be lifted and offered to assume Pointe 705's full liquor license if they shut down; City Council Minutes 12-11-12 Page 13573 • • said both he and the City are losing business to bars in neighboring Redondo Beach; noted that he pays 5% more for his business license because Suzy's is not located on Pier Avenue. (City Manager Bakaly spoke of the status of Pointe 705's CUP.); Lauren Nakano — Hermosa Beach, Vitality Cities Blue Zones Project Director, Beach Cities Health District (BCHD) employee, said the Blue Zones Project is now two years old and the Mayors' Challenge is working to encourage residents and others to become healthier; thanked the Council for putting the living streets item on tonight's agenda; said preliminary data collected by BCHD showed a 3% increase in the well- being index, noting a 1.5% increase is considered good; Michael Keegan — Hermosa Beach, encouraged the Council to invite a Los Angeles County representative to address the "Clean Water, Clean Beaches" measure, saying it might be a good measure for coastal cities since it would protect the water; commended City Treasurer Cohn's presentation and said Council review of the fiduciary items of the treasury is good; suggested the Council direct the City Treasurer and the Finance Director to investigate financing options for the City's CaIPERS $14 million shortfall; and Manny Serrano — Hermosa Beach, spoke of the need for more transparency, with more details available to the public about the banking agreement, although he was pleased to know that it saves the City money; said citizens who rent homes are as important as those who own them. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (I) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (k) Tucker and (I) Bobko. Motion Bobko, second Tucker. The motion carried by a unanimous vote. At 8:29 p.m., the order of the agenda was moved to Public Hearing Item 5(a). (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. Action: 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 THE CHECK REGISTER NOS. 68836 THROUGH 68983, AND NOS. 9363, 141838, 258751, AND 264754. • Action: To ratify the check register as presented. City Council Minutes 12-11-12 Page 13574 • (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 28, 2012. Action: 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. (fl (g) Claimant: Heilig, Anna Date of Loss: 11-04-12 Date Filed: 11-20-12 Allegation: Property Damage Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO RECEIVE AND FILE THE LIST, PREPARED FOR POSTING BY THE CITY CLERK PURSUANT TO STATE LAW, OF ALL REGULAR AND ONGOING HERMOSA BEACH BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2013 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated December 4, 2012. Action: To receive and file the list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2013 calendar year, as recommended by the City Clerk. 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. Action: To approve the staff recommendation to: 1) Accept construction by ODC Engineering & Technology for CIP No. 99- 631 Beach Restroom Improvements; 2) Authorize the Mayor to sign the Notice of Completion; and City Council Minutes 12-11-12 Page 13575 • 3) 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). (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) Action: To approve the staff recommendation to award the bid for fire hose purchase to Fire Etc. of San Diego, CA in the amount of $7,378.03. 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. Action: To authorize the City Manager to sign a subscription agreement with Lexipol, LLC, for the development of a policy manual for the Fire Department. (j) Recommendation to receive and file the action minutes of the Planning Commission meeting of December 5, 2012. • Action: To receive and file the action minutes of the Planning Commission meeting of December 5, 2012. (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. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Community Development Director Robertson responded to Council questions. Action: To approve the staff recommendation to: 1) Amend the 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 City Council Minutes 12-11-12 Page 13576 (I) 2) Appropriate $15,000 from the AB939 Fund for this purpose. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 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 dated December 3, 2012. Supplemental memorandum and revised resolution received from staff dated December 10, 2012. This item was removed from the consent calendar by Mayor pro tern Bobko for separate discussion later in the meeting. City Manager Bakaly responded to Council questions. Action: To approve the staff recommendation to adopt revised Resolution No. 12- 6823, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING MEMORANDA OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION — POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP, PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES, MANAGEMENT EMPLOYEES, POLICE MANAGEMENT BARGAINING GROUP, HERMOSA BEACH FIREFIGHTERS ASSOCIATION, AND CALIFORNIA TEAMSTERS LOCAL 911 GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING UNIT." Motion Fishman, second Tucker. The motion carried, noting the dissenting votes of Bobko and DiVirgilio. 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(k) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 10:58 p.m., the order of the agenda moved to Item 8(a). 5. PUBLIC HEARINGS a. PRESENTATION FROM "CAR2GO" REQUESTING CITY PARTICIPATION IN A SOUTH BAY REGIONAL CAR SHARING PROGRAM, AND PUBLIC City Council Minutes 12-11-12 Page 13577 HEARING FOR MUNICIPAL CODE AMENDMENT. Memorandum from • Community Development Director Ken Robertson dated December 6, 2012. The public hearing opened at 8:30 p.m. No one came forward to speak. Action: To continue the public hearing to January 8, 2013, as recommended by staff due to the rescheduling of the presentation to that meeting. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. PROTECTIVE BOLLARDS AT PIER PLAZA — DESIGN OPTIONS. Memorandum from Public Works Director Frank Senteno dated December 4, 2012. Supplemental email from Public Works Commissioner Richard Stapp. Public Works Director Senteno presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To replace the five existing ornamental bollards on the east end of Pier Plaza with 10 steel zinc powder -coated crash -resistant bollards that have the adequate strength to protect pedestrians from runaway vehicles. Motion Tucker, second Fishman. The motion carried by a unanimous vote. 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. Community Development Director Robertson presented the staff report and responded to Council questions. Interim Police Chief Steve Johnson and Fire Chief David Lantzer also responded to Council questions. No one came forward to address the Council on this item. Action: To receive and file the report. Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote. c. AVIATION BOULEVARD BICYCLE LANE PRELIMINARY ENGINEERING STUDY AND PROSPECT AVENUE PILOT PROGRAM. Memorandum from Public Works Director Frank Senteno dated December 3, 2012. Public Works Director Senteno presented the staff report and responded to Council questions. City Council Minutes 12-11-12 Page 13578 • Coming forward to address the Council on this item was: George Schmeltzer — Hermosa Beach, representing the Bike and Walk Committee of the Blue Zones Project, said the study is consistent with the committee's goals and will provide a much-needed comprehensive analysis of the corridor; urged the Council to approve the City's participation in the study; Mike Don — Manhattan Beach, South Bay Bicycle Coalition and Beach Cities Cycling Club, said he agreed with George Schmeltzer; and Lauren Nakano — Hermosa Beach, Vitality Cities Blue Zones Project Director, Beach Cities Health District (BCHD) employee, commended staff for a thorough report and the Council for its interest in public safety; said her organization is committed to aligning with the participating cities' goals and finding ways to support them. Action: To approve the staff recommendation to: 1) Receive and file the Aviation Boulevard Bicycle Lane Preliminary Engineering Study -Final Report; and 2) 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. Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote. 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. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Ryan Snyder, an expert in the development of complete/living street policies who provided the training sessions sponsored by Blue Zones Project and Beach Cities Health District (BCHD), was introduced by Director Robertson. Mr. Snyder, member of National Complete Streets Coalition who was brought in by Blue Zones Project and BCHD to help the City develop its policy, gave a brief presentation and responded to Council questions. Coming forward to address the Council on this item was: George Schmeltzer — Hermosa Beach, recommended the book "A Walkable City"; spoke of a recent evening walk on Palm Drive, where the middle of the street is the only safe place due to narrow sidewalks and no street lights; said this policy would provide for well -lit and safe walks; said walkable cities are the way to sustainability, and living streets will move Hermosa in that direction. Proposed Action: To approve the staff recommendation to adopt the draft resolution adopting a living streets policy, with direction to staff to proceed with the following programs: City Council Minutes 12-11-12 Page 13579 • • 1) Adopt healthy vending standards in municipal buildings and public parks; 2) Establish land use protections for community gardens and farmers markets; 3) Establish a healthy food and beverage policy at city -sponsored youth sporting events; and 4) Adopt a written worksite breastfeeding policy that provides space and time for breastfeeding for City employees. Motion Fishman, second Tucker. This motion was replaced by the following substitute motion. Action: To adopt Resolution No. 12-6821, entitled "A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING A LIVING STREETS POLICY FOR THE CITY OF HERMOSA BEACH" and direct that the four programs specified above be brought back for more -detailed review and consideration by the Council at this week's scheduled goal sessions (December 12 and 13, 2012 at 5 p.m.). Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote. The meeting recessed at 9:34 p.m. The meeting reconvened at 9:46 p.m. 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. Supplemental information from the South Bay Workforce Investment Board received December 11, 2012. City Manager Bakaly presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: John Parsons — South Bay Workforce Investment Board (SBWIB), said Gardena Council passed this amendment 5-0 tonight and Gary Parsons (no relation), former City of Hawthorne Councilmember, also supports this amendment. Action: To approve Amendment #5 to Joint Exercise of Powers Agreement No. 83.100 transferring the duties of Administrative Entity to the City of Inglewood, as recommended by staff. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. • f. CONSIDERATION OF ISSUES PERTAINING TO THE SECURITY OF PUBLIC FUNDS. Memorandum from City Manager Tom Bakaly dated December 6, 2012. Supplemental memorandum from Finance Director City Council Minutes 12-11-12 Page 13580 • Copeland dated December 10, 2012, and supplemental list of brokerage firms doing business with the City received December 10, 2012. • • City Manager Bakaly presented the staff report and responded to Council questions. Finance Director Copeland and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Sandy Pfister — Hermosa Beach, stressed the importance of making good decisions, keeping the citizens' trust and maintaining Hermosa's respectability. Action: To approve the staff recommendation to adopt Resolution No. 12- 6822, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING ASSURANCES AND ESTABLISHING ADDITIONAL SAFEGUARDS IN THE MANAGEMENT OF CITY FUNDS," with additional direction to clarify the lines of reporting for the Deputy City Treasurer. Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote. At 10:30 p.m., it was the consensus of the City Council to continue beyond the established meeting closure time to complete all items this evening. The order of the agenda then moved to Item 4 (Consent Calendar items removed from the agenda for discussion). 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. City Clerk Doerfling presented the report and responded to Council questions. Action: It was the consensus of the Council to schedule applicant interviews for 5:15 p.m., 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 a. Request from Mayor Pro Tempore Bobko for a review of the salary and benefits for the office of the City Treasurer. Mayor Pro Tempore Bobko spoke to his request. City Council Minutes 12-11-12 Page 13581 • • • Action: To direct staff to agendize the issue of the City Treasurer's salary and benefits for Council consideration. Motion Bobko, supported by Divirgilio and Fishman. b. Request from Councilmember Fishman to hear an appeal of the Community Resources Department's denial of a Special Events permit. Councilmember Fishman spoke to his request regarding the denial of a 2013 Special Events permit for the Smackfest volleyball tournament, which benefits the Southern California Foundation for Children. Action: To hear the appeal for the Smackfest event, with direction to staff to notify applicant Bill Sigler. Motion Fishman, supported by Bobko and Tucker. City Manager Bakaly suggested hearing this appeal with the other Special Event appeals at the meeting of January 22, 2013. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, in memory of Ted Kerwin, on Tuesday, December 11, 2012, at the hour of 11:02 p.m. to an Adjourned Regular meeting in the Senior Activity Center room of the Community Center at 710 Pier Avenue, at the hour of 5:00 p.m. on Wednesday, December 12, 2013, for the purpose of conducting a City Council Goals Session. Deputy City Clerk City Council Minutes 12-11-12 Page 13582 • MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, December 12, 2012, at the hour of 5:10 p.m. (The meeting took place at the following offsite location: the Senior Activity Center at the Hermosa Beach Community Center, 710 Pier Avenue, in Hermosa Beach.) ROLL CALL: Present: DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: Bobko (arrived at 5:42 p.m.) Also present were the City Manager, Assistant City Manager, City Attorney, City Clerk, and all City department heads. PUBLIC PARTICIPATION: None CITY COUNCIL GOAL SETTING DISCUSSION. Report and all materials provided by Lyle Sumek Associates, Inc. Supplemental letter from Howard Longacre dated December 12, 2012. Lyle Sumek, facilitator of the strategic planning development process, began the discussion with identifying the City's successes for 2012 (Section 3 of the working document), noting that celebrating successes with the community creates memories and builds credibility for the City. Discussions then moved on to strategic planning models (Section 2), keys for the successful creation of a "sustainable city," and the importance of vision and mission statements in guiding critical decisions with regard to services, revenues, capital investments, etc. Discussion then centered on Vision 2028 (Section 6), with the narrowing by Council consensus of the various items listed under the proposed guiding principles, which were reduced from seven to six with the elimination of the proposed "world renowned beach" principle. The "quaint downtown" principle was renamed "eclectic downtown," and it was the consensus of the Council that the principal pertaining to vibrant corridors reflect other entry corridors areas as well, not just Pacific Coast Highway. (A break was called midway through the proceedings to allow those in attendance, including audience members, the opportunity for refreshments.) ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, December 12, 2012, at the hour of 9:49 p.m. to an Adjourned Regular meeting on Thursday, December 13, 2012, at the hour of 5:00 p.m. for the conduct of an additional goal setting discussion. City Clerk City Council Minutes 12-12-12 Page 13583 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL • of the City of Hermosa Beach, California, held on Thursday, December 13, 2012, at the hour of 5:15 p.m. • (The meeting took place at the following offsite location: the Senior Activity Center at the Hermosa Beach Community Center, 710 Pier Avenue, in Hermosa Beach.) ROLL CALL: Present: DiVirgilio, Fishman, Tucker, Mayor Duclos Absent: Bobko (arrived at 5:23 p.m.) Also present were the City Manager, Assistant City Manager, City Attorney, City Clerk, and all City department heads. PUBLIC PARTICIPATION: None CITY COUNCIL GOAL SETTING DISCUSSION. Report and all materials provided by Lyle Sumek Associates, Inc. Lyle Sumek, facilitator of the strategic planning development process, presented for Council review and discussion updated pages reflecting the changes made at the last meeting. By Council consensus additional fine-tuning was made to the six Vision 2028 principles (Section 6 of the working document). The focus then moved to Section 7, with the narrowing by Council consensus of the various items listed under the four proposed Mission guiding principles, followed by discussion of City Services Responsibilities, with emphasis on the importance of the City being a responsible environmental steward, fully committed to reduce the carbon footprint and become carbon neutral, leading by example, as well as the need to educate the residents and business community, linking sustainability with a return on investment — to be financially and environmentally responsible and sustainable. Additional comments included the principles of good government, transparency, informing and engaging the residents, ethics, etc. (A break was called midway through the proceedings to allow those in attendance, including audience members, the opportunity for refreshments.) ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, December 13, 2012, at the hour of 9:11 p.m. to an Adjourned Regular meeting on Tuesday, January 8, 2013, at the hour of 5:15 p.m. for the conduct of Public Works Commission applicant interviews. City Council Minutes 12-13-12 Page 13584