HomeMy WebLinkAboutVolume 40_Minutes_01.08.2013 - 05.28.2014MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
the City of Hermosa Beach, California, held on Tuesday, January 8, 2013, at the hour of
5:15 p.m.
ROLL CALL:
Present: None
Absent: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
PUBLIC PARTICIPATION: None
INTERVIEW OF PUBLIC WORKS COMMISSION APPLICANTS
The Adjourned Regular meeting of December 13, 2012, had been adjourned to this
meeting, which was subsequently cancelled to allow interviews of all applicants to take
place at the same time (rescheduled for January 22, 2013).
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach was adjourned on Tuesday, January 8, 2013,
at the hour of 5:15 p.m., to the Regular Meeting of the same date.
City Council Minutes 01-08-13 Page 13585
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, January 8, 2013, at the hour of 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: Approval of minutes of the Closed Session
meeting held on December 11, 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: City of Hermosa Beach v. Hitchcock
Case Number: YC067202, L.A. County Superior Court -Southwest District
b. Name of Case: Loutzenhiser v. City of Hermosa Beach
Case Number: BC490219, L.A. County Superior Court
c. Name of Case: McColgan v. City of Hermosa Beach
Case Number: YC068203, L.A. County Superior Court
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, January 8, 2013, at the hour of 6:05
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 7:15 p.m.
PLEDGE OF ALLEGIANCE — Max Riley
ROLL CALL:
• Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
Absent: None
City Council Minutes 01-08-13 13586
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
• received, no agenda items added, and no reportable actions taken.
•
ANNOUNCEMENTS — Mayor pro tem Bobko wished everyone a happy new year,
and said the 20th annual Beach Cities Toy Drive, which benefits needy children, had
been a great success.
Councilmember Tucker also spoke of this year's successful toy drive.
Councilmember DiVirgilio invited everyone to participate in the annual Household
Hazardous Waste/E-Waste Roundup on Saturday, January 26, from 9 a.m. to 3 p.m.
on Valley Drive between 8th and 11th streets.
Mayor Duclos reminded everyone of the Blue Zones Project Mayors' Challenge
cook -off on Wednesday, January 9, at Abigaile, Hermosa Beach; said the event will
feature each city's best chef assisted by the mayor of the city in which the chefs
restaurant is located; urged residents to visit the website bluezonesproject.com to
take the pledge (required for attendance at the event) and for more information.
PRESENTATIONS
CERTIFICATE OF RECOGNITION TO DENCY NELSON
AS THE RECIPIENT OF THE DIRECTORS GUILD OF
AMERICA'S 2013 FRANKLIN J. SCHAFFNER ACHIEVEMENT
AWARD AND RECOGNIZING HIM FOR HIS YEARS OF
SERVICE TO OUR COMMUNITY
Mayor Duclos presented the Certificate of Recognition and reminisced about his
professional associations with Mr. Nelson in the entertainment industry; spoke of Mr.
Nelson's numerous awards, achievements, and dedicated community involvement,
most notably concerning environmental issues. Mr. Nelson thanked the Council for
the recognition and promised to serve the City in an even greater capacity once he
retires.
PRESENTATION BY SOUTHERN CALIFORNIA EDISON
Scott Gobble, Southern California Edison Public Affairs Region Manager, addressed
recent power outages — their causes and solutions for preventing future outages,
service reliability and upcoming improvements, including equipment installation
scheduled for completion in May. He responded to Council questions and said he
would return in May with an update.
PRESENTATION BY LOS ANGELES COUNTY
CLEAN WATER, CLEAN BEACHES MEASURE
• City Clerk Doerfling announced that the County had deferred this presentation to a
future meeting.
City Council Minutes 01-08-13 13587
PUBLIC PARTICIPATION:
• 1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
J.R. Reviczky - Hermosa Beach, spoke of the successful 2012 Beach Cities
Toy Drive and commended the Council, Police and Fire departments,
and Public Works staff for their assistance; spoke of the work of Sisters
of Good Shepherd, one of the recipients of the donated toys, noting
that its program of housing battered women and children, schooling the
children and job training the women has a success rate above 90%;
Randy Kline - Bush Vets CEO/founder and Vietnam veteran, spoke of his
outreach efforts with homeless veterans and asked the Council to
make Hermosa Beach the first city to prepare a proclamation officially
declaring May 1 as "Stand up for Homeless Vets Day";
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, said the group
recently tripled its budget to provide cigarette -butt receptacles in the
City and is working with Public Works on installation; urged the Council
to consider a single -use plastic bag ban, which would be in line with
the City's efforts to be an environmental leader in the South Bay;
Sal Longo - owner of two Hermosa Beach homes as well as Suzy's Bar &
Grill, asked the City Council to lift the conditional use permit (CUP)
moratorium in the hill section and allow Suzy's to assume Pointe 705's
full liquor license if it is shut down; said both he and the City are losing
business to bars in neighboring Redondo Beach;
Dina (last name indistinct) - Suzy's Bar & Grill employee, asked the Council
to grant Pointe 705's CUP to Suzy's if it is revoked; said no bar or
restaurant east of Pacific Coast Highway has a full liquor license; and
Laura Ratto - National Volleyball League, asked the Council to expedite its
review of the denial of her special event permit from February to the
next meeting (Mayor Duclos referred her to City Manager Bakaly).
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i).
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Regular meeting held on November 27, 2012; and
2) Regular meeting held on December 11, 2012.
Action: To approve the City Council minutes of the Regular meetings held
on November 27 and December 11, 2012.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 68647
THROUGH 68983, NOS. 167, 2374, 2375, 8139, 9363, 141838, 2587511
City Council Minutes 01-08-13 13588
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•
•
264754, 5046250, 5050523, 5050723, 5051395, 5052537, 5052663,
9457210, 9461221, 9461423, 9462051, 9463148, 9463273, 500155964;
AND TO APPROVE CANCELLATION OF CHECK NOS. 68736 AND 69040
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 THE NOVEMBER 2012
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the November 2012 financial report.
(e) RECOMMENDATION TO AWARD CONSTRUCTION AGREEMENT TO
PMK PROFESSIONAL INC. TO PROVIDE CONSTRUCTION SERVICES
FOR PROJECT CIP 07-649 COMMUNITY CENTER SOUTH WING
REWIRING FOR A FIXED FEE OF $78,950; AUTHORIZE THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED
CONSTRUCTION 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
December 27, 2012.
(f)
Action: To approve the staff recommendation to:
1) Award the Construction Agreement to PMK Professional Inc. to provide
construction services for Project CIP 07-649 Community Center South
Wing Rewiring for a fixed fee of $78,950;
2) Authorize the Mayor to execute and the City Clerk to attest the
Construction 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 AUTHORIZE THE APPROPRIATION OF COPS
FUNDS FOR THE PURCHASE OF AN ESUBPOENA PROGRAM FROM
CBE OFFICE SOLUTIONS IN THE AMOUNT OF $6,961.65 AND
AUTHORIZE THE CITY MANAGER TO SIGN THE SALES AGREEMENT.
Memorandum from Interim Police Chief Steve Johnson dated December 26,
2012.
City Council Minutes 01-08-13 13589
•
•
•
(g)
Action: To approve the staff recommendation to:
1) Authorize the appropriation of COPS funds for the purchase of an
esubpeona program from CBE Office Solutions in the amount of
$6,961.65; and
2) Authorize the City Manager to sign the sales agreement.
RECOMMENDATION TO AWARD BID FOR THE PURCHASE OF A
COMPRESSED AIR AND RESERVOIR SYSTEM TO COMPRESSED AIR
SPECIALISTS, INC. OF ANAHEIM, CA FOR $28,918.60. Memorandum
from Fire Chief David Lantzer dated December 27, 2012. Supplemental
information from Chief Lantzer received January 8, 2013.
Action: To award the bid for the purchase of a compressed air and reservoir
system to Compressed Air Specialists, Inc., of Anaheim, CA for $28,918.60,
as recommended by staff.
(h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
December 17, 2012.
(i)
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction.
RECOMMENDATION TO ADOPT A RESOLUTION APPROVING
COVERAGE OF ALL OFFICERS AND EMPLOYEES UNDER ONE
MASTER FAITHFUL PERFORMANCE BOND. Memorandum from Assistant
to the City Manager Diane Strickfaden dated January 2, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6824, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING COVERAGE OF ALL
OFFICERS AND EMPLOYEES UNDER ONE MASTER FAITHFUL
PERFORMANCE BOND."
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION — None
5. PUBLIC HEARINGS
a. PRESENTATION FROM "CAR2GO" REQUESTING CITY PARTICIPATION
IN A SOUTH BAY REGIONAL CAR SHARING PROGRAM,
CONSIDERATION OF AGREEMENT TO PARTICIPATE IN THE "CAR2GO"
CAR SHARING PROGRAM, AND MUNICIPAL CODE AMENDMENT TO
ALLOW A CAR SHARING PROGRAM INCLUDING USE OF METERED
AND RESTRICTED PARKING SPACES. (Continued from meeting of
City Council Minutes 01-08-13 13590
December 11, 2012). Memorandum from Community Development Director
Ken Robertson dated January 3, 2013. Supplemental letters from Dency
Nelson and Portia Cohen, both received January 8, 2013.
Community Development Director Ken Robertson presented the staff report
and responded to Council questions. City Attorney Jenkins also responded to
Council questions.
Walter Rosenkranz, Business Development Manager of car2go, made a
PowerPoint presentation, discussed the car2go model and its benefits, and
responded to Council questions.
Jacki Bacharach, South Bay Cities Council of Governments Executive
Director, discussed the merits of the car -sharing program, noting that the
model fits the area's travel patterns, and responded to Council questions.
The public hearing opened at 9:02 p.m. Coming forward to address the Council on
this item were:
Julian Katz - Hermosa Beach, said the program would increase the number
of vehicles in a city with limited parking, suggested that the City receive
a percentage of the revenue from car2go if participation is approved;
Dency Nelson - Hermosa Beach, said he supported a car sharing program if
all of the vehicles are electric, as they are in San Diego, but opposed
car2go's proposed to use a fleet of inefficient Smart Cars, suggested
that the City and car2go share the cost of installing charging station for
electric vehicles;
Gila Katz - Hermosa Beach, said the Council should not be pressured by the
South Bay Cities Council of Governments and should instead take its
time to decide the matter, along with residents;
Craig Cadwallader - Surfrider Foundation, spoke of the California Coastal
Commission's desire to create greater beach access with the use of
alternate transportation, rather more cars; asked the City Council to
consider other options; and
Joe Galliani - Torrance, spoke in support of car -sharing but not of putting
additional non -electric vehicles on the streets, noting that if car2go
used electric cars, it might incentivize buyers to buy electric vehicles.
The public hearing closed at 9:17 p.m.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6825, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ENDORSING PARTICIPATION IN THE CAR2GO CARSHARING
PROGRAM"; and
2) Introduce Ordinance No. 13-1338, entitled "AN ORDINANCE OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE
ISSUANCE OF PERMITS FOR CAR SHARING PROGRAMS AND
AMENDING THE HERMOSA BEACH MUNICIPAL CODE,"
City Council Minutes 01-08-13 13591
•
with the understanding that a more detailed proposal, including information on
fixed parking spots, must be provided for Council consideration before final
action will be taken to adopt the ordinance and implement the program.
Motion DiVirgilio, second Duclos. The motion carried, noting the dissenting
vote of Tucker.
6. MUNICIPAL MATTERS
a. REPORT REQUESTED BY CITY COUNCIL REGARDING REVIEW OF
CITY COUNCIL BENEFITS. Memorandum from Finance Director
Viki Copeland dated December 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.
Action: To adopt Resolution No. 13-6826, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC)."
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
b. RESOLUTIONS APPROVING EMPLOYER PAID MEMBER
• CONTRIBUTIONS (AS REQUIRED BY CALPERS) AND ALLOWING
MEMBER PAID CONTRIBUTIONS TO BE TAX-DEFERRED AS ALLOWED
BY THE IRS. Memorandum from Finance Director Viki Copeland dated
December 26, 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 approve the staff recommendation to:
1) Adopt Resolution No. 13-6827, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING EMPLOYER PAID MEMBER CONTRIBUTIONS"; and
2) Adopt Resolution No. 13-6828, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO TAX
DEFER MEMBER PAID CONTRIBUTIONS — IRC 414(H)(2) EMPLOYER
PICK-UP."
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
c. INSTALLATION OF PARKING METERS THAT ACCEPT CREDIT CARDS
ON PIER AVENUE. Memorandum from Finance Director Viki Copeland
dated December 26, 2012.
City Council Minutes 01-08-13 13592
Finance Director Copeland presented the staff report, correcting the dollar
• amount needed for appropriation, and responded to Council questions.
•
•
No one came forward to address the Council on this item.
Action: To approve the staff recommendation to:
1) Purchase 128 Duncan Liberty single space parking meters that accept
credit cards for installation on Pier Avenue, with the return of eight Duncan
Multi -Space Meters for a credit of $62,160 which will be applied toward the
purchase of the single space meters; and
2) Appropriate $8,139 from the Equipment Replacement Fund to complete
the purchase.
Motion Fishman, second Tucker. The motion carried by a unanimous vote.
(Councilmember DiVirgilio left the meeting at 10:23 p.m.)
d. APPROVAL OF NEW STOP SIGNS ON 7TH PLACE AND TRAFFIC
CONTROL ENHANCEMENTS ON PROSPECT AVENUE. Memorandum
from Public Works Director Frank Senteno dated December 24, 2012.
Public Works Director Senteno presented the staff report and responded to
Council questions.
Coming forward to address the Council on this item was:
Julian Katz - Hermosa Beach, said Prospect should be more clearly defined
as either a living street or a supplement to Pacific Coast Highway.
Action: To approve the staff recommendation to:
1) Make the finding that it is in the interest of improving traffic safety to install
new stop signage on Seventh Place at Hollowell Avenue; and
2) Approve the recommendations of the Public Works Commission to:
a. Explore other temporary options helpful to discourage cut -through
traffic on Prospect Avenue; and
b. Enhance traffic control measures on Prospect Avenue through the
replacement and/or restoration of existing traffic control signs and
striping followed by a six-month assessment period.
Motion Fishman, second Tucker. The motion carried, noting the absence of
DiVirgilio.
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 January 3, 2013.
City Council Minutes 01-08-13 13593
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•
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City Clerk Doerfling presented the report and responded to Council questions.
Action: To schedule applicant interviews for 5:15 p.m., January 22, 2013,
with appointment to follow at the regular meeting to fill the unexpired Public
Works Commission term ending October 31, 2014.
Motion Tucker, second Fishman. The motion carried, noting the absence of
DiVirgilio.
9. OTHER MATTERS - CITY COUNCIL
a. Request from Councilmember Fishman to consider adoption of an
ordinance that exempts military veterans with special license plates
from paving metered parking.
Councilmember Fishman spoke to his request.
Action: To direct staff to agendize for Council consideration at a future
meeting the adoption of an ordinance to exempt military veterans with special
license plates from paying metered parking.
Motion Fishman, supported by Tucker, Duclos and Bobko. (DiVirgilio absent)
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, January 8, 2013, at the hour of 10:34 p.m. to an
Adjourned Regular Meeting at 5:15 p.m. Tuesday, January 22, 2013, for the purpose
of conducting Public Works Commission applicant interviews.
Deputy City Clerk
City Council Minutes 01-08-13 13594
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Tuesday, January 22, 2013, at the hour
of 5:19 p.m.
•
•
ROLL CALL:
Present: DiVirgilio, Fishman, Mayor Duclos
Absent: Bobko (arrived 6:11 p.m.), Tucker
PUBLIC PARTICIPATION: None
INTERVIEW OF PUBLIC WORKS COMMISSION APPLICANTS
Pursuant to past procedure, the applicants were interviewed separately, apart from the
others, with each Councilmember asking one question of each of the applicants.
Recognizing that this was a public meeting open to any member of the public wishing to
observe the interviews, each of the applicants waited their turn and entered the room
one at a time when called.
Coming forward to proceed with the interview process and respond to the individual
Council questions were the following applicants:
Matt Raymond
Rob Saemann
Melinda Green
Jereme Pitts
Dorothy Forba-Hartley
(Mayor Pro Tempore Bobko arrived at 6:11 p.m., during the last interview.)
The interviewed applicants were advised that the Council would make the appointment
at this evening's regular meeting.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, January 22, 2012, at the hour of 6:15 p.m., to
the Regular Meeting of the same date, scheduled to begin at the hour of 7:00 p.m.
City Clerk
City Council Minutes
01-22-13 Page 13595
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, January 22, 2013, at the hour of 7:04
p.m.
PLEDGE OF ALLEGIANCE — Lisa Santorum
ROLL CALL:
Present: Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
Absent: None
CLOSED SESSION REPORT — None
APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from
City Clerk Elaine Doerfling dated January 16, 2013.
(Some of the items below were taken out of order but are shown in order for clarity.)
A. Designate Mayor for a term ending November 12, 2013.
Action: To appoint Mayor Pro Tempore Bobko to be Mayor for a term ending
November 12, 2013.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
• B. Designate Mayor Pro Tempore for a term ending November 12, 2013.
Action: To appoint Councilmember DiVirgilio to be Mayor Pro Tempore for a
term ending November 12, 2013.
Motion Duclos, second Bobko. The motion carried by a unanimous vote.
C. Intergovernmental agencies requiring appointment of Mayor as delegate.
Action: To appoint Mayor Bobko to the Los Angeles County City Selection
Committee; to appoint Mayor Bobko as delegate and Councilmember Tucker
as alternate to the Los Angeles County Sanitation District Board of Directors;
and to continue the remaining committee assignments to February 12, 2013.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
OUTGOING COMMENTS BY MAYOR DUCLOS — Outgoing Mayor Duclos spoke of
the opportunity as mayor to work more closely with staff, facilitate teamwork and set
standards of behavior at meetings; spoke of steps taken to advance a pedestrian
bridge to span Pacific Coast Highway, thanking Tricia Light for her assistance with
Facebook page http://tinyurl.com/bridginghermosa; thanked residents for the honor
to serve the community; thanked the City Clerk and staff, department heads and
staff, and especially the City Manager for an incredible job running the City.
• PRESENTATION OF PLAQUE TO OUTGOING MAYOR DUCLOS — Mayor Bobko
presented a plaque of appreciation to outgoing Mayor Duclos, said he had learned a
lot from him and hoped to emulate him during his own mayoral term.
City Council Minutes 01-22-13 Page 13596
• PRESENTATION TO OUTGOING MAYOR DUCLOS BY REPRESENTATIVES OF
OTHER GOVERNMENTAL AGENCIES — Steve .Napolitano, representing Los
Angeles County Supervisor Don Knabe, presented a Certificate of Commendation to
outgoing Mayor Duclos and congratulated him on his term as mayor and also on his
recent appointment as alternate to the California Coastal Commission.
•
INCOMING COMMENTS BY MAYOR BOBKO — Mayor Bobko spoke of three goals
he hoped to achieve during his term: 1) making the City's conduct of business as
open and transparent as possible, with paperless Council meetings within 90 days;
2) working closely with the City's School District, with school safety as a top priority
and an assessment on schools within 120 days (if possible) to ensure safety; and 3)
ensuring that the City's budget matches the Council's recently established goals. He
thanked staff for their hard work and Hermosa citizens for the honor to serve.
COMMENTS FROM COUNCILMEMBERS — Councilmember Fishman commended
outgoing Mayor Duclos, citing accomplishments achieved during his mayoral term,
congratulated him on his appointment as alternate California Coastal Commissioner,
and pledged his assistance in fulfilling the three goals outlined by Mayor Bobko.
Councilmember Tucker thanked outgoing Mayor Duclos for his service, noting his
dedication to environmental issues, and also congratulated him on his Coastal
Commission appointment. He expressed confidence in Mayor Bobko's leadership
abilities and welcomed him back to the chair with his full support.
Mayor pro tem DiVirgilio congratulated outgoing Mayor Duclos for his leadership and
his Coastal Commission appointment, expressed appreciation for Mayor Duclos's
use of humor and respect for others, and extended congratulations to Mayor Bobko,
noting his support of the three goals he outlined.
Outgoing Mayor Duclos (1) thanked the Council for their kind words and Supervisor
Knabe for suggesting his Coastal Commission appointment as well as all those who
supported him throughout the process; (2) likened the City to the fictional territory in
(Hermosa author Leonard Wibberley's novel) The Mouse that Roared, about the
Duchy of Grand Fenwick, saying Hermosa may be small but knows how to roar; and
(3) said he looked forward to working with Mayor Bobko.
(Presentations were moved forward at this time to be heard prior to the recess, so
students would not be kept too late, but all items are shown in order for clarity.)
At 8:10 p.m., the meeting recessed.
At 8:25 p.m., the meeting reconvened, noting the absence of Councilmember Tucker
who left to attend to a family matter.
• ANNOUNCEMENTS — Outgoing Mayor Duclos spoke of the Blue Zones Project/
Vitality Cities Mayors' Challenge, which took place January 9, noting that Hermosa is
the first of the three beach cities to complete all requirements for the Blue Zones
Project, putting it ahead of the others in becoming a Blue Zones City. He then
City Council Minutes 01-22-13 Page 13597
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recognized the Chamber of Commerce's Man of the Year, Sam Perrotti, a City
Planning Commissioner, who was seated in the audience.
•
•
Mayor Bobko read aloud a letter the City received from Sister Anne of the Good
Shepherd Shelter, in which she thanked Hermosa for its generosity during the 20th
annual Beach Cities Toy Drive, which benefited needy children.
PRESENTATIONS
PRESENTATION TO WINNERS OF THE
COUNTY OF LOS ANGELES PUBLIC LIBRARY
2012 CHILDREN'S BOOKMARK CONTEST
As Hermosa Beach Library Manager Elmita Brown announced the contest winners
and runners-up, Mayor Bobko presented each of them with a Certificate and a City
pin. Ms. Brown then presented gifts to the winning students, with the assistance of
Friends of the Library (FOL) President Howie Seeb, and noted the other FOL
members present, Carol Olsen and Gillian Miller.
Mr. Seeb said FOL raised approximately $27,000 last year, which purchased DVDs,
magazines, new bestsellers, audiobooks, children's computers and crafts, and staff
furniture, and supported participation in the PAWS to Read program. He reminded
everyone of the Monday book sales and those on the third Saturday of each month.
Steve Napolitano, representing Los Angeles County Supervisor Don Knabe, said he
is Deputy for Libraries and the countywide bookmark contest winners would be
announced at the February 12 Board of Supervisors' meeting; asked Mr. Seeb to
send him a letter, as Supervisor Knabe is a big supporter of Friends of the Library
and would be pleased to donate money to the organization; said further information
was available at www.knabe.com.
PRESENTATIONS TO THE HERMOSA BEACH MURALS
PROJECT FROM SUPERVISOR KNABE'S OFFICE AND THE
HERMOSA BEACH YOUNG PROFESSIONALS
Steve Napolitano, representing Los Angeles County Supervisor Don Knabe, said he
is Deputy for the Arts and that grant opportunities may be available for the Hermosa
Beach Murals Project through a wonderful program administered by Supervisor
Knabe. He presented a Certificate of Recognition to Chuck Sheldon commending
the Murals Committee for its fine work.
Mr. Sheldon thanked Mr. Napolitano and Supervisor Knabe for the recognition, and
commended the Council for its collegiality. He thanked Hermosa residents for their
support of the project and provided a description and the location for each of the
three murals completed to date. He said the goal is to do 10 murals in 10 years,
noting that the fourth one would be installed this year. He invited everyone to visit
www.hermosamurals.orq to donate and obtain more information about the murals.
City Council Minutes 01-22-13 Page 13598
•
Members of the Hermosa Beach Young Professionals and Chamber of Commerce
presented Mr. Sheldon with a check for $540, raised during a recent joint fundraiser
for the Hermosa Beach Murals Project.
Mr. Sheldon thanked both groups for their support, and said the Murals Project
would be on Twitter, Facebook and YouTube within the next month.
PRESENTATION BY LEADERSHIP HERMOSA
HERMOSA BEACH EMERGING LEADER AWARD
Dorothy Forba-Hartley of Leadership Hermosa presented the Emerging Leader
Award to Jani Lange, and highlighted some of Mr. Lange's accomplishments,
including the artisan bike racks installed in the City by the Leadership Class of 2011.
Outgoing Mayor Duclos said he had known Mr. Lange since he was a child and was
honored to participate in the awarding panel.
Ryan Nowicki of Leadership Hermosa said he was proud to present the award to Mr.
Lange, who was not only an active member of Class of 2011, but is also active in the
group's Alumni Association.
Mr. Lange said it was an honor to be recognized for his City pride and enthusiasm.
He thanked the Council, especially outgoing Mayor Duclos; Ms. Forba-Hartley, Mr.
Nowicki, and the rest of the Leadership Hermosa board; Dennis Jarvis and Richard
O'Reilly for letting him work on SurfFest and SnowFest as an event producer; and a
few of his teachers, his parents, and his wife, Denise.
Mayor Bobko thanked Leadership Hermosa for all their work in the community, and
thanked outgoing Mayor Duclos for creating the emerging leader award.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Lauren Nakano — Hermosa resident, Vitality Cities Blue Zones Project
Director, and Beach Cities Health District employee, thanked outgoing
Mayor Duclos for his leadership and efforts in changing Hermosa's
policies; presented a plaque to the Council awarding Hermosa with
Blue Zones City status, the first in the nation, citing its environmentally
forward actions and policies; said the Council's adoption of the Living
Streets Policy on December 11, 2012, was another first in the nation;
George Renshaw — Hermosa Beach Lawn Bowling Club President, extended
congratulations to outgoing Mayor Duclos and Mayor Bobko; noting
that a past mayor, John Clark, established the Club in 1936; requested
flood lights for the lawn bowling area to allow evening bowling for
City Council Minutes 01-22-13 Page 13599
•
•
younger people; asked about signage to promote the Club (he was
advised to provide the City Manager with contact information);
Tobi Quintiliani and Debbie Nelson — 1736 Family Crisis Center Senior
Directors, spoke of their work in Hermosa over the past 40 years;
thanked outgoing Mayor Duclos, who as a professor had his students
do a marketing project to help raise funds for the Center;
Gary Alonso — Cafe Boogaloo owner, asked that item 2(h) be removed from
the Consent Calendar;
Tim Beck — Heal the Harbor Research Institute, asked the Council to pass a
resolution inviting them to do sand freezing and create a temporary dry
ice wall to test against erosion, high tide and surf levels; and
Joe Charles — G.I. Joe Pier to Pier Run/Walk, asked Councilmembers to join
the event on March 2, 2013, at which he will announce the winner of a
$500 scholarship; requested marketing ideas to make the event bigger
and better, said information was available at www.mbbootcamp.com.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i)
with the exception of items 2(h) and (i), which were removed by Mayor pro
tem DiVirgilio for discussion in item 4, but are shown in order for clarity.
Motion Bobko, second DiVirgilio. The motion carried, noting the absence of
Tucker.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Adjourned Regular meeting held on December 12, 2012;
2) Adjourned Regular meeting held on December 13, 2012; and
3) Adjourned Regular meeting held on January 8, 2013.
Action: To approve as presented the City Council minutes of the Adjourned
Regular meetings held on December 12, 2012, December 13, 2012, and
January 8, 2013. (Tucker absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 69252
THROUGH 69368, AND NOS. 719, 720, 8817, 8818, 2256798, 2261335,
2261564, 2262258, 2263502, 2263649, AND 330138213.
Action: To ratify the check register as presented. (Tucker absent)
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file the tentative future agenda items as presented.
(Tucker absent)
• (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2012
FINANCIAL REPORTS:
1) Memorandum regarding December 2012 revenue and expenditure report;
City Council Minutes 01-22-13 Page 13600
2) City Treasurer's report; and
• 3) Investment report.
•
Action: To receive and file the December 2012 financial report as presented.
(Tucker absent)
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF DECEMBER 4, 2012.
(f)
(g)
Action: To receive and file the minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of December 4, 2012.
(Tucker absent)
RECOMMENDATION TO ADOPT A RESOLUTION APPOINTING A CITY
REPRESENTATIVE AND TWO ALTERNATES TO THE ICRMA
GOVERNING BOARD. Memorandum from Assistant to the City Manager
Diane Strickfaden dated January 15, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6829, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPOINTING A REPRESENTATIVE
AND AN ALTERNATE AND SUBSTITUTE ALTERNATE TO THE
GOVERNING BOARD OF THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY (ICRMA)." (Tucker absent)
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
January 15, 2013.
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction. (Tucker
absent)
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF JANUARY 15, 2013.
This item was removed from the consent calendar by Mayor pro tem DiVirgilio
for separate discussion later in the meeting.
Action: To conduct a City Council review and reconsideration of item 5.a.
(Cafe Boogaloo).
Motion DiVirgilio, supported by Mayor Duclos.
Final Action: It was the consensus of the Council to receive and file the
minutes of the Planning Commission meeting of January 15, 2013. (Tucker
absent)
City Council Minutes
01-22-13 Page 13601
• (i) RECOMMENDATION TO ACCEPT DONATIONS OF $500 FROM
WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR HERMOSA
BEACH POLICE DEPARTMENT TO ACQUIRE BICYCLE SAFETY
MATERIALS FOR THE LOCAL CHILDREN; $1,000 FROM DARLENE AND
SCOTT MOWREY TO BE USED FOR HERMOSA BEACH POLICE
DEPARTMENT CANINE PROGRAM; $500 FROM HERMOSA BEACH
AMATEUR RADIO ASSOCIATION TO BE USED FOR HERMOSA BEACH
FIRE DEPARTMENT DISASTER SERVICES WORKERS GROUP; AND,
$1,600 FROM JOHN WORKMAN TRUST TO BE USED FOR MEMORIAL
BENCH AND PLAQUE FOR JOHN WORKMAN. Memorandum from
Finance Director Viki Copeland dated January 15, 2013.
•
This item was removed from the consent calendar by Mayor pro tem DiVirgilio
for separate discussion later in the meeting in order to acknowledge and
thank the donors.
Action: It was the consensus of the City to accept the following donations:
- $500 from Woman's Club of Hermosa Beach to be used for Hermosa
Beach Police Department to acquire bicycle safety materials for local
children;
- $1,000 from Darlene and Scott Mowrey to be used for the Hermosa
Beach Police Department K-9 program;
- $500 from Hermosa Beach Amateur Radio Association to be used for
the Hermosa Beach Fire Department Disaster Services Workers
Group; and
$1,600 from the John Workman Trust to be used for a memorial bench
and plaque for John Workman. (Tucker absent)
At 8:49 p.m. the order of the agenda went to item 5(b).
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. 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM. Memorandum from Community Development Director
Ken Robertson dated January 15, 2013
Community Development Director Ken Robertson presented the staff report
and responded to Council questions.
City Council Minutes 01-22-13 Page 13602
•
•
•
The public hearing opened at 10:14 p.m. Coming forward to address the Council on
this item was:
Dorothy Forba-Hartley — PROJECTtouch Executive Director, asked that her
organization be considered for some of the CDBG funding.
The public hearing closed at 10:17 p.m.
Action: To approve staff recommendation to:
1) Adopt Resolution No. 13-6830, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2013-2014"; and
2) Authorize staff to engage a consultant to prepare an Americans with
Disabilities Act transition plan to evaluate the City's public facilities'
compliance with accessibility guidelines set forth by the State and Federal
governments;with additional direction to staff to explore allocating some of
the CDBG funds to PROJECTtouch, as requested.
Motion Duclos, second DiVirgilio. The motion carried, noting the absence of
Tucker.
b. 2013 SPECIAL EVENT PERMIT APPLICATIONS. Memorandum from
Assistant to the City Manager Diane Strickfaden dated January 15, 2013.
Assistant to the City Manager Strickfaden presented the staff report, noting
the withdrawal of the new Sandpiper's 5K Run event. She and City Manager
Tom Bakaly then responded to Council questions.
The public hearing opened at 9:00 p.m. Coming forward to address the Council on
this item were:
Ken Hartley — said the Chamber of Commerce did not request a fee waiver
for the Firefighters' Challenge, since being subsidized would not be in
line with giving back to the community; said the event fits well with the
Blue Zones City theme;
Ray Dussault — Leadership Hermosa, said the goal of the Polar Bear Charity
Volleyball Tournament is to raise funds for Hermosa Valley School
writing programs; encouraged the Council to consider waiving fees for
all events (including Summer Luau Volleyball Tournament) that raise
money for Hermosa non -profits; responded to Council questions;
Scott Hubbell — Return to the Pier Paddleboard Race, said the event is not a
non-profit one, even though it does not make money; said he is not
asking for fees to be waived;
Sam Perrotti — Hermosa Beach, representing ArtWalk for Ken Klade, said
they would no longer have live bands; requested a fee waiver so that
they can fund four scholarships for local high school students; and
City Council Minutes
01-22-13 Page 13603
•
•
Stephani Bell — Hermosa Beach Education Foundation (HBEF), requested
waiver of the banner fee, since HBEF is a non-profit supporting
Hermosa schools; said information was available www.hbef.orq;
The public hearing closed at 9:15 p.m.
Don DeMaderios, Chairperson of the Parks and Recreation Commission,
came forward to respond to Council questions.
Action: To approve the four new events recommended by Parks, Recreation
and Community Resources Commission: 1) the Hermosa Beach Chamber of
Commerce Firefighter's Challenge, 2) the Leadership Hermosa Polar Bear
Charity Volleyball, 3) Ray Dussault's Summer Luau Volleyball Tournament,
and 4) Scott Hubble's Return to the Pier Paddleboard.
Motion DiVirgilio, second Fishman. The motion carried, noting the absence of
Tucker.
Further Action: To approve the remaining 34 events listed in the staff report,
recommended by Parks, Recreation and Community Resources Commission
Motion Fishman, second DiVirgilio. The motion carried, noting the dissenting
vote of Duclos and the absence of Tucker.
Further Action: To approve the allocation of $3,000 in Proposition A funds
for each Fiesta Hermosa, as requested by the Hermosa Beach Chamber of
Commerce and recommended by the Parks, Recreation and Community
Resources Commission.
Motion DiVirgilio, second Mayor Bobko. The motion carried, noting the
dissenting vote of Fishman and the absence of Tucker.
Further Action: To approve the "Hearts of Hermosa" banner fee waivers, as
requested by the Hermosa Beach Education Foundation and recommended
by the Parks, Recreation and Community Resources Commission.
Motion DiVirgilio, second Duclos. The motion carried, noting the absence of
Tucker.
Final Action: It was the consensus of the City Council to refer the issue of
special event fees to the Parks, Recreation and Community Resources
Commission for discussion at its next meeting, with direction to evaluate both
application and other fees along with a fee waiver policy and present a formal
recommendation for Council consideration.
c. RESTATED SUMMER BEACH CONCERT SERIES PRODUCER
AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND PHILIA
GROUP LLC DBA SAINT ROCKE. Memorandum from Assistant to the City
Manager Diane Strickfaden dated January 15, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions. City Attorney Jenkins also responded to Council questions.
City Council Minutes 01-22-13 Page 13604
•
•
•
The public hearing opened at 9:24 p.m. Coming forward to address the Council on
this item was:
Allen Sanford — Philia Group, LLC dba Sainte Rocke, responded to Council
questions, and said he would like a long-term partnership.
The public hearing closed at 9:26 p.m.
Action: To approve the restated Summer Beach Concert Series Agreement
between the City of Hermosa Beach and Philia Group LLC, dba Saint Rocke,
as recommended by staff.
Motion Divirgilio, second Duclos. The motion carried, noting the absence of
Tucker.
d. REQUEST TO REVIEW SPECIAL EVENT PERMIT APPLICATIONS THAT
WERE DENIED CONSISTENT WITH CITY MUNICIPAL CODE.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
January 15, 2013.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
The public hearing opened at 9:56 p.m. Coming forward to address the Council on
this item were:
Laura Ratto — National Volleyball League, presented new dates (August 16-
18, 2013) for the tournament event and asked that approval be granted
this evening;
Bill Sigler — Smackfest, proposed increased security and measures to reduce
consumption of alcohol at this year's event, which will also have fewer
participants than in previous years; and
Jeff Atkinson — Hermosa Turkey Trot 10K, said the course has been
redesigned to reduce the number of intersections involved and lessen
the impact; offered to bring in outside security; requested provisional
approval so he could continue to work on the event.
The public hearing closed at 10:02 p.m.
Proposed Action: To approve the National Volleyball League Tournament
event since it was merely a date change to August 16-18, 2013, and refer the
other two events back to the Parks, Recreation and Community Resources
Commission for review and recommendation.
Motion Fishman, second Duclos. The motion was subsequently withdrawn.
Action: To direct the event producers to return to the Parks, Recreation and
Community Resources Commission for review, in conformance with the
Hermosa Beach Municipal Code, as recommended.by staff.
City Council Minutes
01-22-13 Page 13605
•
Motion Fishman, second Duclos. The motion carried, noting the absence of
Tucker.
At 10:10 p.m., the order of the agenda moved to public hearing item 5(a), followed by the
items removed from the consent calendar for discussion under 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 - PUBLIC WORKS
COMMISSION UNEXPIRED TERM ENDING OCTOBER 31, 2014.
Memorandum from City Clerk Elaine Doerfling dated January 3, 2013.
City Clerk Doerfling presented the report and reviewed the voting system that
was established in July, noting that the appointment requires a minimum of
three votes.
Each Councilmember submitted the name of one applicant to City Clerk
Doerfling, who then tallied the votes and announced the result, which was
split among three applicants. The process was repeated a second time,
resulting in a 2-2 tie vote.
Action: It was the consensus of the City Council to continue the matter to the
meeting of February 12, 2013, when all five Councilmembers would be
present to cast their votes. (Tucker absent)
City Attorney Jenkins suggested limiting the votes at the next meeting to this
evening's top two vote -getters.
9. OTHER MATTERS - CITY COUNCIL
Councilmember Fishman asked that tonight's meeting be adjourned in
memory of Robert Currie, longtime Hermosa resident.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned in memory of Robert Currie on Tuesday, January 22, 2013, at the
hour of 10:26 p.m. to an Adjourned Regular meeting on Wednesday, January 23,
2013, at the hour of 7:00 p.m. for the purpose of conducting a joint meeting with the
Hermosa Beach City School District Board of Trustees.
Deputy City Clerk
City Council Minutes 01-22-13 Page 13606
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Wednesday, January 23, 2013, at
the hour of 7:04 p.m.
•
•
PLEDGE OF ALLEGIANCE — Interim Police Chief Steve Johnson
ROLL CALL:
Hermosa Beach City Council:
Present: DiVirgilio, Duclos, Tucker, Mayor Bobko
Absent: Fishman
Hermosa Beach School District Board of Trustees:
Present: Ackerman, Burns, Claypoole, Waters, President Beste
Absent: None
Also present were City Manager Bakaly, City Attorney Jenkins, Superintendent
Patricia Escalante, and members of the Facilities Commission.
INTRODUCTIONS: City Council/School Board members introduced themselves.
PUBLIC PARTICIPATION:
Coming forward at this time was:
Michael Keegan — Hermosa Beach, spoke of last night's 4-1 vote by Redondo
School District Board of Trustees against repowering the AES power
plant, a project favored 4-1 by Redondo City Council; asked Hermosa
School Board to consider public welfare instead of monetary gain.
DISCUSSION/POSSIBLE ACTION:
• STATE OF THE DISTRICT/FACILITIES
School Board Member Burns gave a PowerPoint presentation on Hermosa students'
test scores vs. cost per student; said California is last in the nation in this metric, but
test scores are going up in Hermosa schools, which are in the top 5% in the nation,
while funding is down and needs to be increased; spoke about the state of district
facilities, possible solutions to existing problems, and the future of North School.
The public was invited forward to speak at 7:33 p.m. Coming forward were:
Lauren Pizer — Hermosa Beach, commended the Hermosa City Council and
School Board for working together; agreed that North School has been
underutilized, and thought the community would help raise funds to
convert it to a pre-school or other district site;
Chris Miller — Hermosa Beach, supported renovating and reopening North
School, which she had attended; said people return to Hermosa
because it is family -friendly;
City Council Minutes
01-23-13 Page 13607
•
•
•
George Schmeltzer — Hermosa Beach, spoke of the City's decreased school-
age population; said the School Board was exploring its options; and
Stephanie Bell — suggested the School Board consider full-day kindergarten
to help with overcrowding at View School and raise funds, and also
consider allowing businesses to advertise at schools (branding) to
raise funds.
Public comment ended at 7:42 p.m.
School Board Member Burns invited Facilities Commission members to stand up to
be recognized, noting the importance of cooperation between the School Board and
the Commission and the need for creative thinking. He stressed the importance of
looking at the utilization of North School right away, noting the challenges involved.
Mayor pro tem DiVirgilio urged community members to reach out to talented local
developers.
• SCHOOL SAFETY
Interim Police Chief Steve Johnson gave a PowerPoint presentation on the City's
plans to ensure safety in Hermosa schools, which will involve cooperation among the
School District and Police and Fire departments, and responded to questions.
The public was invited forward to speak at 8:10 p.m. Coming forward were:
Mark (no last name given) — said installing laminate on classroom windows
would improve student safety and deter burglaries, while providing the
ability to break a window from the inside if necessary;
Suzanne Dunn — parent of a first -grader at View School, offered suggestions
to improve security when school is in session, including the ability to
lock classroom doors from the inside, closing gates to control access
to the campus, and having a greater police presence;
J.R. Reviczkv — Hermosa Beach, said he appreciated the proactive approach
to school safety; noted that the City is better prepared than most, with
the fastest fire and police response time in the State; and
June Pulcini — Hermosa Beach, former substitute teacher, said a balanced
perspective on safety is needed, with attention also given to the threat
of natural disasters and how to inform citizens of those threats.
Public comment ended at 8:47 p.m.
Mayor pro tem DiVirgilio spoke of the benefits of Reverse 911, an emergency
notification system.
Mayor Bobko proposed another joint meeting in approximately 120 days so that
Interim Police Chief Johnson and Fire Chief Lantzer could present findings of their
safety assessments. He then suggested hiring outside experts once funding is
secured, to provide an outside viewpoint.
City Council Minutes
01-23-13 Page 13608
• REPORT ON INFORMATION SHARING ON E&B OIL PROJECT
City Manager Bakaly said the City had received the Environmental Impact Report
(EIR) and will initiate a Request for Proposals (RFP) for consultants to assist with its
interpretation within three weeks. He said the process will take roughly six to nine
months, with many opportunities for public input, and said the earliest vote would be
in the spring of 2014. He then said an economic impact research project (by way of
a RFP) will be performed as well. He responded to Council questions.
The public was invited forward to speak at 8:45 p.m. Coming forward were:
George Schmeltzer - Hermosa Beach, said the City e -newsletter includes a
variety of topics, but nothing on the oil issue; said the Council can stop
this project from happening, unlike a natural disaster; suggested using
the City Yard site for school purposes instead of North School;
Chris Miller - said she and other Hermosa citizens did their own research,
which concluded that the project's dangerous impacts to the health and
well-being of residents could not be mitigated; urged an independent
EIR due to concerns that E&B Oil paid for this one;
Jeff Cohn - Hermosa Beach, said he lives 90 yards from the proposed oil
drilling site; urged everyone to visit his website www.nobpinhb.com;
said he had asked the Council to hold an open forum to discuss the
contract with E&B Oil;
Stacey Armato - Hermosa Beach, said the City should take a stand against
oil drilling; said school funding did not have to come from oil, and
offered to help raise money (Mayor Bobko suggested she talk to
Stephanie Bell, who does fundraising);
Lauren Pizer - Hermosa Beach, spoke of Hermosa's goal to be a green and
carbon neutral city; said only E&B Oil would profit from this endeavor,
and would likely leave a mess behind;
J.R. Reviczky - Hermosa Beach, said there is a need for the truth about oil
drilling issues, as much information is being whitewashed;
Manny Serrano - Hermosa Beach, reminded everyone that the citizens will
make the final decision on oil drilling;
Mike Collins - Hermosa Beach, said an oil insider told him oil drilling is the
last thing the City wants and that it would kill property values;
Marvin May - Hermosa Beach, said his daughter was hit by lightning at 14th
Street; questioned what could happen if oil drilling takes place; and
June Pulcini - Hermosa Beach, said citizens should know the costs to the
City for all the studies, and noted the risk involved with slant drilling
due to the proximity of an earthquake fault right off the coast.
Public comment closed at 9:15 p.m.
Mayor pro tem DiVirgilio clarified that the City settled with MacPherson and that the
• citizens, not the City Council, will vote on whether or not oil drilling occurs, noting
that the Council agreed to remain neutral until the issue is on the ballot.
City Council Minutes
01-23-13 Page 13609
City Manager Bakaly said the City's e -newsletter and website will be updated to
. provide more information about the process to citizens.
•
School Board member Burns said the Board appointed three of its members as
messengers to the community regarding the oil drilling proposal.
School Board member Claypoole said the School District currently has taken no
position on oil drilling.
Mayor Bobko expressed faith in Hermosa's citizens to make the best decision, and
promised the Council's support in providing all the resources necessary to make
such a decision.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Wednesday, January 23, 2013, at the hour of 9:35
p.m., to the Regular Meeting of February 12, 2013.
Deputy City Clerk
City Council Minutes
01-23-13 Page 13610
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Saturday, February 9, 2013, at the hour of 8:11
a.m.
•
PLEDGE OF ALLEGIANCE - George Schmeltzer
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Mayor Bobko
Absent: Tucker (arrived at 8:15 a.m.)
Also present were the City Manager, Assistant City Manager, City Attorney, City
Clerk, and all City department heads.
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time were:
George Schmeltzer - Hermosa Beach, commended the Council for moving in
the right direction and looking toward the future; recommended that the
City's long-term vision include continued involvement with Blue Zones,
livable streets and the carbon neutral initiative;
Robert Fortunato - Hermosa Beach, addressed the carbon neutral initiative;
said this is a unique opportunity and the City has the potential to be the
best in the world; citing all of the support available, urged the Council
to reaffirm its commitment and put aggressive timelines behind it;
Craig Cadwallader - Surfrider Foundation (South Bay), applauded the City for
its environmental leadership and urged the Council to continue on the
path taken; said he cites Hermosa as an example of forward thinking
and responsible City management when addressing other cities on the
topic; asked the Council to consider banning single -use plastic bags;
Julian Katz - Hermosa Beach, said he agreed with the previous speakers;
asked the Council to be more specific and include timelines in the plan;
Timothy Reid - Hermosa Beach, said he has been hit by speeding bicyclist
five times over the last 22 years while walking on the Strand, the last
time he sustained a broken femur when hit from behind; said bicyclists
regularly exceed the 8 -mile -per -hour speed limit, which police say they
can't enforce; also asked that citizens be notified of the law requiring
tires to be pointed toward the curb when vehicles are parked on a hill;
Janice Yates - Hermosa Beach, Marineland resident, asked the City for its
continued support of affordable housing in the community; and
Julie Jennings - Hermosa Beach, spoke about the Blue Zones Project, noting
that Healthways (a sponsor for the past two years along with Beach
Cities Health District) will end its involvement in October; said the City
has the opportunity in the next few months to use the resources they
provide to become certified as the first Blue Zones City on the planet.
CITY COUNCIL GOAL WORKSHOP. Updated materials for the working document
provided by Lyle Sumek Associates, Inc.
City Council Minutes
02-09-13 Page 13611
•
•
Lyle Sumek, public administration team -building consultant and facilitator, reviewed
the workshop agenda items and the updated draft strategic plan sections (amended
to reflect changes made at the last goals session), and assisted the Council through
its discussion of current and future priorities, goals and roles. Final language
revisions throughout the document were made during the session. In Section 8 of
the document, Councilmembers ranked by priority the four City Goals (page 3). On
Goal #1 (Financially Sound City Government), Councilmembers selected (by
majority vote) the top six objectives to be achieved within five years (pages 4-5), and
then the top four short-term, one-year challenges (pages 7-8), with the remaining
items to stay on the list as long-term challenges.
The meeting recessed at 9:35 a.m.
The meeting reconvened at 9:49 a.m.
Continuing with Section 8, City Goal #1, Councilmembers selected (by majority vote)
their top six action items for completion within one year (pages 9-11), with the
remainder to stay on the list as long-term. Moving on to Goal #2 (High Performing
City Providing First Class Service), Councilmembers selected their top six objectives
to be achieved within five -years (pages 20-21), their top six challenges (pages 25-
27), and their top seven action items for completion within one year (pages 25-27).
The meeting recessed at 11:47 a.m.
The meeting reconvened at 12:03 p.m.
Coming forward to address the Council at this time was:
Brian Cooley — Hermosa Beach resident and business owner, spoke of the
City's potential; expressed concerns about the bar businesses on Pier
Plaza and the perception that Hermosa is simply a place to drink.
On Goal #3 (More Livable, Sustainable Beach City), Councilmembers selected (by
majority vote) their top six objectives over the next five years (page 12-13), their top
five challenges (pages 15-16), and their top five action items for completion within
one year. Moving on to Goal #4 (Enhanced Economic Development Through
Revitalized Downtown and Entry Corridors), Councilmembers selected their top six
objectives over the next five years (page 29), their top five challenges (pages 32-33),
and their top three action items (pages 34-35).
The meeting recessed at 1:55 p.m.
The meeting reconvened at 2:20 p.m.
Moving on to the revised Action Agenda (Section 9), Councilmembers (by majority
vote) selected five Policy Agenda 2013 items as their top priority, and six items as
high priority (pages 4-5). They then selected six Management Agenda 2013 items
as top priority, and five items as high priority (pages 8-9).
• Mr. Sumek said he would present for Council adoption a final executive summary in
a 5"x7" document format, listing all action items, who is responsible for each, and
City Council Minutes 02-09-13 Page 13612
timelines. He said he would also prepare a color -laminated, one-page plan in brief
• (vision, goals, mission, etc.).
The strategic planning portion concluded at 2:40 p.m. Mr. Sumek then assisted the
Council through its discussion or Section 10 — Governance: Mayor and City Council
in Action. The development of house rules and a code of conduct included: show
respect for others, listen to others and try to understand, move to the next issue after
a majority vote, use staff reports as information, and respect the chain of command.
(Councilmember Tucker left the meeting at 3:39 p.m.)
After completing the house rules and a code of conduct, discussion then centered on
protocols (starting on page 5) concerning operating guidelines for City Council and
City Manager.
ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa
Beach adjourned on Saturday, February 9, 2013 at the hour of 4:52 p.m. to the
Regular Meeting of February 12, 2013.
•
City Clerk
City Council Minutes 02-09-13 Page 13613
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 12, 2013, at the hour of 7:04
p.m.
PLEDGE OF ALLEGIANCE — Mayor Bobko
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Duclos cited the success of Hermosa's
Household Hazardous Waste/E-Waste Roundup on January 26; said El Segundo's
Hyperion Treatment Plant accepts such waste every Saturday. He spoke of how
Blue Zones Project (www.bluezonesproject.com) measured changes over two years
in the well-being index and found that beach city residents now eat better and
exercise more than in 2010, but stress and obesity are still serious issues. He
apologized for erring at the January 22 meeting about being the first Hermosan
appointed to the California Coastal Commission, having since learned of the earlier
appointment of former Mayor/Councilmember Hank Doerfling. He said more should
be done to honor/celebrate past achievements of those who served the community,
noting that the City's website previously had a section dedicated to that purpose.
Councilmember Fishman responded to a communication from the Hermosa Beach
Police Officers Association requesting feedback from other Councilmembers about
the Mayor's recent comments in the press. He noted the new two-tier system, said
negotiated compensation/benefits are in line with those of other cities, and spoke of
his appreciation for the hard work and community service of the City's employees.
Councilmember Tucker spoke of the goals session held Saturday, February 9, and
thanked the City Manager for devising a 15 -year plan for the City. He thanked
Mayor Bobko for having the check register displayed online instead of in hard -copy
form in the agenda packets. He then spoke of the proposed bike path on Harbor
Drive and its impact on the south end of Hermosa, and urged everyone to attend the
Redondo Beach City Council meeting on February 13 to voice their opinions on the
project. He wished his wife and everyone a happy Valentine's Day.
Mayor pro tem DiVirgilio spoke of the professional growth of the Council since the
hiring of City Manager Bakaly, and credited him with a successful goals meeting.
After wishing everyone a happy Mardi Gras, Mayor Bobko spoke of the Independent
Cities Association conference recently attended, specifically the topic of "How to
Take Charge of the Political and Litigation Threats from Your Safety Unions."
Councilmember Fishman spoke of the discussion at the conference on the benefits
of fire and police consolidation, said consideration of sharing of safety services with
City Council Minutes 02-12-13 13614
other local cities should become more of a Council priority, noting that Manhattan
• Beach's Fire Chief had expressed interest about consolidation.
•
•
PRESENTATIONS
PRESENTATION OF CERTIFICATE OF RECOGNITION
TO CANDY AYLLON-McPHAIL
HERMOSA BEACH BLOOD DRIVE
Mayor Bobko presented a Certificate of Recognition and thanked Ms. Ayllon-McPhail
for her community service. He also presented a City pin to the honoree's daughter
for helping at the blood drives.
Ms. Allyon-McPhail spoke of the nine blood drives since 2010, with about 340 pints
of blood collected to date, and urged everyone to save a life by donating blood. She
said the next blood drive will take place April 21 at the Clark Building, with more
information available by calling (310) 303-5843, or by visiting the Providence Little
Company of Mary Blood -Donor Center at 4101 Torrance Boulevard in Torrance.
PRESENTATION ON THE
CHEVRON COKE DRUM PROJECT
Jeff Wilson, Chevron Senior Representative, Policy, Government and Public Affairs,
gave a PowerPoint presentation entitled "Coke Drum Reliability Project Update," and
presented logistical information about the project, which will entail moving the
enormous drums from Redondo Beach Harbor to the Chevron Refinery, passing
through Hermosa along Pacific Coast Highway from 10:00 p.m. to 5:00 a.m. on three
consecutive Wednesdays beginning February 20, with cooperation between local
police/fire departments and the California Highway Patrol to ensure a safe operation.
He spoke of efforts to notify residents so they may find other parking during those
times, and of Chevron's intent to secure alternate parking for impacted residents.
He showed a map of hard/soft street closures and detours, with more information
available at www.cokedrumproiect.com or the community hotline at (310) 615-5298.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Carolyn Petty and Mary -Gene Slaven — Hermosa Beach, representing the
South Bay Auxiliary of Harbor Interfaith Service Center, invited
everyone to their annual fundraising gala "Dreams Do Come True" on
Saturday, March 16, at the Long Beach Hyatt; said tickets are $200
each, with more information available at www.harborinterfaith.org;
City Council Minutes 02-12-13 13615
•
•
•
Sal Longo - Hermosa Beach resident and Suzy's Bar & Grill owner, spoke of
January's Planning Commission meeting concerning Club 705; noted a
history of police calls for Cafe Boogaloo; asked the Council to relax its
moratorium on full alcohol in the hill section; offered to stipulate on his
permit a return to only beer/wine at the location if he sells the business;
Jose Nebres - Behavioral Health Services Outreach Specialist Coordinator,
National Council on Alcohol and Drug Dependency (NCADD), said
NCADD received County funding to perform drug/alcohol prevention
services in Hermosa, and the data gathered shows underage sales of
alcohol in the City; said they are working with the Beach Cities Health
District and applauded Hermosa's efforts to become smoke-free; said
the California Department of Alcoholic Beverage Control approved free
responsible -beverage -server training to begin in about a month for
local merchants and event sponsors; urged interested parties to call
(310) 328-1460 or email him at jnebres(a�bhs-inc.orq;
Tim Beck - Heal the Harbor, spoke of Arco's recent investment for his group
to determine how to isolate oil spills, noting the group's ability to create
whirlpools, harness energy and use "icecrete" to create a structure that
is a defense against extreme water conditions; spoke of his desire to
protect Hermosa, noting that with 12 -foot breakers and a six -and -one-
half foot high tide, homes on the Strand would be lost;
Jim Lissner - Hermosa Beach, thanked staff for changing CAFR (item 6.a.) to
be a more straightforward disclosure statement of the City's funds;
suggested money be spent on public restrooms downtown; spoke of
his initiative for the November ballot to reduce hours at downtown bars,
and encouraged those interested to call him for more information;
Sheryl Main - Hermosa Beach, said Palm Drive serves as a bathroom on
weekends to intoxicated individuals using the street to avoid the police;
said she is intrigued by the idea of training for bartenders but the onus
is on bar owners; said the police take care of problems when called,
but the real issue is the Council's inability to address this embarrassing
problem, which should be part of the City's new plan; and
Stacey Armato - Hermosa Beach, said 1988 research showed health and
safety risks as a result of oil production in the City, and in 2010 the
Court of Appeals said the City could halt the project if it posed such
risks; said she was shocked to learn the 2012 settlement agreement
allows for negotiation with E&B Oil; questioned the forthrightness of
E&B Oil and urged the Council to have a public hearing with E&B Oil.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i)
with the exception of the following items which were removed for discussion
in item 4, but are shown in order for clarity: 2(d) Mayor Bobko at the request
of City Manager Bakaly and 2(i) Tucker.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
City Council Minutes 02-12-13 13616
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
• 1) Regular Meeting held on January 8, 2013; and
2) Adjourned Regular Meeting held on January 22, 2013.
Action: To approve as presented the City Council minutes of the Regular
Meeting of January 8, 2013 and the Adjourned Regular Meeting of January
22, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 69369
THROUGH 69543 AND NOS. 1547, 1640, 2587511, 448160201 and
512640201, AND TO APPROVE CANCELLATION OF CHECK NO. 69067
AS RECOMMENDED BY THE CITY TREASURER. Memorandum from
Finance Director Viki Copeland dated February 5, 2013.
Action: To ratify the check register as presented and approve the check
cancellation 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 as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING DATES
• FOR THE 2012-13 MIDYEAR BUDGET REVIEW AND 2013-14 BUDGET:
MIDYEAR BUDGET REVIEW ON TUESDAY, FEBRUARY 26, 2013 AT 7:00
P.M., PRE -BUDGET MEETING WITH CITY COUNCIL ON THURSDAY
MARCH 7, 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 January 29, 2013.
•
This item was removed from the consent calendar by Mayor Bobko at the
request of City Manager Bakaly for separate discussion later in the meeting.
Action: To receive and file the following dates and times for the 2012-2013
Midyear Budget Review and the 2013-2014 Budget:
1) Tuesday, February 26, 2013, 7 p.m. for 2012-13 Midyear Budget Review;
2) Thursday, February 28, 2013, 7 p.m. for Pre -Budget Council Meeting; and
3) Thursday, May 23, 2013, 7 p.m. for Budget/CIP Workshop.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
(e) RECOMMENDATION TO APPROVE DONATIONS OF $1000 TO THE
REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL
GRAD NIGHT 2013 EVENTS. Memorandum from City Manager Tom Bakaly
dated January 28, 2013.
Action: To approve staffs recommendation to donate $1000 to the Redondo
Union High School and Mira Costa High School Grad Night 2013.
City Council Minutes 02-12-13 13617
•
•
(f)
(g)
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 17, 2013.
Action: To receive and file the action minutes of the Public Works
Commission Meeting of January 17, 2013.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF NOVEMBER 5, 2012.
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission Meeting of November 5, 2012.
(h) RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO LEASE
AGREEMENT WITH THE HERMOSA BEACH ROTARY CLUB AND
DIRECT THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF
THE CITY. Memorandum from City Manager Tom Bakaly dated
January 28, 2013.
(i)
Action: To approve the staff recommendation to:
1) Approve the first amendment to the lease agreement with the Hermosa
Beach Rotary Club; and
2) Direct the Mayor and City Clerk to execute on behalf of the City.
RECOMMENDATION TO APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH ROMA DESIGN GROUP TO PREPARE A STRATEGIC
PLAN FOR ECONOMIC DEVELOPMENT: CIVIC CENTER
COMPLEX/DOWNTOWN OPPORTUNITY SITES, AND APPROPRIATE AN
ADDITIONAL $75,000 TO PHASE I (STRATEGIC PLAN) OF CIP 12-609
FROM BUILDING MAINTENANCE FUNDS DESIGNATED IN THE
EQUIPMENT MAINTENANCE FUND. Memorandum from Community
Development Director Ken Robertson dated February 5, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Approve a Professional Services Agreement with Roma Design Group to
prepare a Strategic Plan for Economic Development of Civic Center
Complex/Downtown Opportunity Sites; and
2) Appropriate an additional $75,000 to Phase I (Strategic Plan) of CIP 12-
609 from Building Maintenance funds designated in the Equipment
Maintenance Fund.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
At 8:02 p.m., the agenda moved to Municipal Matter item 6.a.
City Council Minutes 02-12-13 13618
• 3. CONSENT ORDINANCES — None
•
•
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(d) 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 10:16 p.m. the order of the agenda went to item 4.
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. 2011-12 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
(INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum
from Finance Director Viki Copeland dated January 24, 2013.
Finance Director Copeland presented the staff report and responded to
Council questions. City Manager Bakaly and City Attorney Jenkins also
responded to Council questions.
Coming forward to address the Council on this item was:
Stacey Armato — Hermosa Beach, said the City may have had a chance of
winning the MacPherson Oil case and should have continued the fight.
Action: To receive and file the 2011-12 Comprehensive Annual Financial
Report (CAFR), including the report from the City's independent auditors, Pun
& McGready, LLP.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
b. SPECIAL EVENT PERMIT APPLICATIONS REVIEWED BY PARKS AND
RECREATION COMMISSION. Memorandum from Assistant to the City
Manager Diane Strickfaden dated February 12, 2013.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions.
Coming forward to address the Council on this item was:
Laura Ratto — National Volleyball League, said they had requested small
bleachers for the event in their permit application.
Action: To approve the Parks, Recreation and Community Resources
Commission recommendation to:
City Council Minutes 02-12-13 13619
1) Approve the Special Event Permit for the National Volleyball League; and
2) Approve the Special Event Permit for South Bay Boardriders Surf Contest
to be held in conjunction with Spyder's Snowfest.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
c. JULY 4, 2013 PLAN. Memorandum from Interim Police Chief Steve
Johnson, Fire Chief David Lantzer and Community Development Director Ken
Robertson dated February 5, 2013.
Interim Police Chief Johnson, Fire Chief Lantzer and Community
Development Director Robertson presented the staff report and responded to
Council questions. City Manager Bakaly and City Attorney Jenkins also
responded to Council questions.
Coming forward to address the Council on this item was:
Dr. Ethan Cole — Hermosa Beach, wanted assurance the events of last year's
4th ofJuly would not be repeated in Hermosa; said residents should be
proactive and rally together; offered the services of his company, which
records emergency medical information for individuals that can be
obtained by public safety agencies, and gave a business card to staff.
Action: To receive and file the report on the July 4, 2013 Plan, and direct
staff to re-agendize the item to address the questions brought up by Council.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
At 10:12 p.m., the order of the agenda went to agenda item 4 (items removed from
the consent calendar for separate 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.
(Continued from meeting of January 22, 2013) Memorandum from City Clerk
Elaine Doerfling dated January 29, 2013. Supplemental letter from Howard
Longacre received February 11, 2013. Supplemental report and attachments
from the meeting of January 22, 2013, presented by City Clerk Doerfling.
City Clerk Doerfling presented the staff report, and responded to Council
questions, noting the 2-2 tie at the previous meeting, and the requirement of
three votes for appointment.
By Council consensus, all applicants were considered. Each Councilmember
submitted the name of one applicant to City Clerk Doerfling, who then tallied
the votes and announced the result, which was split among three applicants.
City Council Minutes 02-12-13 13620
The process was repeated a second time, and the top vote -getter is shown in
• the following action.
•
Action: To appoint Rob Saemann to fill the unexpired Public Works
Commission term ending October 31, 2014.
b. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of
January 22, 2013) Memorandum from City Clerk Elaine Doerfling dated
January 29, 2013. Supplemental correction from City Clerk Doerfling dated
February 11, 2013.
Action: It was the consensus of the Council to roll this item to the next
meeting.
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, February 12, 2013, at the hour of 10:29 p.m. to the
Regular meeting of Tuesday, February 26, 2013.
Deputy City Clerk
City Council Minutes 02-12-13 13621
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 26, 2013, at the hour of
6:10 p.m.
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 of Closed Session meeting held January 8, 2013.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 1035 Valley Drive
Negotiating Party: Athens Services
City Negotiator: City Manager
Under Negotiation: Price and Terms of Payment for Lease of Office Space
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, February 26, 2013, at the hour of
6:11 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 7:03 p.m.
PLEDGE OF ALLEGIANCE — Adrienne Slaughter
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
• CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
were received before adjournment into Closed Session, no items were added to the
agenda, and no reportable actions were taken on any of the agenda items.
City Council Minutes
02-26-13 Page 13622
• ANNOUNCEMENTS — Councilmember Duclos spoke of the February 13 annual
meeting of the Watershed Advisory Council (part of Santa Monica Bay Restoration
Commission), noting their significant local projects, and stressing the importance of
Hermosa's voice on that body. He then spoke of the February 22 South Bay Cities
Council of Governments General Assembly that he and Councilmember Fishman
attended, saying the topic "At What Cost? Unintended Consequences of Declining
Revenues" included discussions on the difficulties cities face finding key personnel
and the grooming of existing staff for advancement.
Councilmember Tucker spoke of a proposed Redondo Beach bike track project and
the impact its approval would have on Hermosa residents due to faster bike traffic
and City liability issues. He spoke of the February 22 passing of longtime resident
Fred Bose, who regularly volunteered at the annual Kiwanis Club Christmas tree lot
with his wife Terri, a former Club president, and asked that tonight's meeting adjourn
in his memory, noting that the funeral will take place at Our Lady of Guadalupe
Church at 10 a.m., February 28, with a remembrance to follow at the Kiwanis Club.
Mayor Bobko recognized the passing of longtime residents Whit Whitaker, whose life
was celebrated February 22 at the Kiwanis Club, and veteran Larry Thompson,
stepfather of former Councilmember J.R. Reviczky, noting that donations in memory
of Mr. Thompson may be sent to Rancho San Antonio, a boys' home in Chatsworth,
with information online at www.ranchosanantonio.org, and said tonight's meeting will
adjourn in their memory as well. He then spoke of seeing Hermosan Dency Nelson
at work while watching the Oscars on February 18, noting also the February 22 Los
Angeles Times front-page feature about Mr. Nelson, whom he invited forward.
Mr. Nelson said he has more time to focus on electric cars, the environment and the
community since retiring after 25 years in the wings at the Academy Awards.
Councilmember Duclos also commended Mr. Nelson, saying the newspaper article
was a testament to both his body of work and the respect of his peers.
Mayor Bobko announced the "Hearts of Hermosa" event, sponsored annually by the
Hermosa Beach Education Foundation to raise funds for City schools, will take place
Saturday, March 23, with tickets available for purchase online at www.hbef.org.
PRESENTATION
METRO PRESENTATION REGARDING THE NEWLY
OPENED METRO EXPRESS LANES ALONG THE 1-110
FREEWAY ANDTHE LANES OPENING THE LATTER PART
OF FEBRUARY ALONG THE 1-10
Kathy McCune, Metropolitan Transit Authority Director of Countywide Planning and
Management, gave a PowerPoint presentation and responded to Council questions.
She spoke of the requirements for participation in the program, provided information
about the loyalty program and where participants may obtain transponders, and said
more information was available online at www.metro.net.
City Council Minutes 02-26-13 Page 13623
• PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Barbara Ellman - Hermosa Beach, said the City's website should highlight
updates on the proposed oil drilling project, with easily understandable
and accessible information (City Manager Bakaly said the tracking of
new items would be addressed at tomorrow's staff meeting);
Jim Lissner - Hermosa Beach, spoke of negative impacts of the downtown
nightlife, such as a disproportionate police presence on Pier Plaza, and
the initiative petition that he would be circulating to roll back the closing
hours of bars; requested that the Council adopt his proposal or place it
on the November ballot for a vote of the people;
Adrienne Slaughter - Hermosa resident representing the Woman's Club of
Hermosa Beach, announced the seventh annual "Adrienne's Search
for Children's Cancer Cure" fundraiser March 2, from 5:00 to 9:30 p.m.,
at the Hermosa Beach Kiwanis Club; said this year's beneficiary,
Shred Kids' Cancer, was founded by a teenager and funds clinical
trials in the Los Angeles area; said $30 tickets can be purchased or
donations made online at www.womansclubofhermosabeachorq;
George Renshaw - Hermosa Beach Lawn Bowling Club President, asked the
Council to add his request for lighting at the bowling club to the next
agenda as a business item, as he has received numerous requests for
evening bowling;
Doug Howarth - owner of Silvio's Brazilian BBQ, said business owners have
worked together to improve downtown issues and there is no problem
with 2:00 a.m. bar closings; asked for Council support of businesses;
Chris Prenter - Hermosa Beach, said the City would not benefit financially
from oil drilling, contrary to E&B Natural Resource's recent newspaper
ad; said the proposal is a threat to the ocean, which attracts tourism
and is the City's greatest resource; and
Walter Hastey - Hermosa resident/Hennessy's Tavern general manager, said
closing bars earlier would not end the problems; said many businesses
would close permanently if forced to cut their hours; suggested other
solutions, including providing public restrooms, and working more
closely with the police department to ensure safety for all residents.
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(g) Duclos, and (h) Tucker.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 22,
City Council Minutes 02-26-13 Page 13624
•
2013; ADJOURNED REGULAR MEETING HELD ON JANUARY 23, 2013;
SPECIAL MEETING HELD ON FEBRUARY 9, 2013; AND, REGULAR
MEETING HELD ON FEBRUARY 12, 2013.
Action: To receive and file the memorandum from the City Clerk.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 69544
THROUGH 69672, NOS. 3094, 3485, 3486, 1027850, 1029299, 1029367,
1029602, 1030025, 1030073, AND 179864.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 2012
REVENUE AND EXPENDITURE REPORTS. Memorandum from Finance
Director Viki Copeland dated February 15, 2013.
Action: To receive and file the December 2012 revenue and expenditure
111 reports.
(e) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 2013
FINANCIAL REPORTS:
1) Memorandum regarding the Revenue and Expenditure report and the
City Treasurer's report; and
2) Investment report.
(f)
(g)
Action: To receive and file the January 2013 financial reports.
RECOMMENDATION TO ADOPT A RESOLUTION DECLARING THE
CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 23, 2013 FROM
8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22,
2013. Memorandum from Community Development Director Ken Robertson
dated February 22, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6831, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN
EARTH HOUR ON MARCH 23, 2013 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, 2013."
RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF $28,000
FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE
City Council Minutes 02-26-13 Page 13625
•
AND EQUIPPING OF ONE (1) 2013 DODGE CHARGER V6 SEDAN TO
REPLACE THE 2005 PONTIAC GRAND PRIX SEDAN CURRENTLY
ASSIGNED TO THE INVESTIGATIONS DIVISION. Memorandum from
Interim Police Chief Steve Johnson dated February 14, 2013.
This item was removed from the consent calendar by Councilmember Duclos
for separate discussion later in the meeting.
Interim Police Chief Steve Johnson presented the staff report. He and City
Manager Tom Bakaly responded to Council questions.
Coming forward to address the Council on this item was:
Dency Nelson — Hermosa Beach, expressed disappointment that the City
would purchase a non -electric vehicle; urged forward thinking.
Action: To authorize the appropriation of $28,000 from the Equipment
Replacement Fund for the purchase and equipping of one (1) 2013 Dodge
Charger V6 Sedan to replace the 2005 Pontiac Grand Prix Sedan currently
assigned to the Investigations Division.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
(h) RECOMMENDATION TO ACCEPT DONATION OF $500 FROM THE
111 WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE
HERMOSA BEACH FIRE DEPARTMENT. Memorandum from Finance
Director Viki Copeland dated February 15, 2013.
(i)
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 donor.
Action: To accept the donation of $500 from the Woman's Club of Hermosa
Beach to be used for the Hermosa Beach Fire Department.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
February 5, 2013.
Action: To receive and file the report giving the status of capital
improvements that are either under design or construction.
(j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 2013.
• Action: To receive and file the action minutes of the Planning Commission
meeting of February 19, 2013.
At 7:45 p.m., the order of the agenda moved to Municipal Matter item 6.c.
City Council Minutes 02-26-13 Page 13626
• 3. CONSENT ORDINANCES - None
•
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(g) 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 10:53 p.m., the order of the agenda moved to item 7.a.
5. PUBLIC HEARINGS
a. CONSIDERATION OF PROPOSED SOLID WASTE COLLECTION FEE
ADJUSTMENTS THAT MAY RESULT IN FEE INCREASES AND
MAJORITY PROTEST HEARING IN ACCORDANCE WITH PROPOSITION
218. Memorandum from Community Development Director Ken Robertson
dated February 15, 2013. Supplemental information from Director Robertson
received February 26, 2013. Two supplemental letters received February 26,
2013 from residents, one from Jean Merl, the other from Parker Herriott.
Community Development Director Robertson presented the staff report and
assisted with a PowerPoint presentation by Senior Planner Pam Townsend.
They and City Attorney Jenkins responded to Council questions.
Gary Clifford, Athens Services Chief Operating Officer, responded to Council
questions.
The public hearing opened at 8:06 p.m. Coming forward to address the Council on
this item were:
Max Riley - Hermosa Valley School fourth grader, said opposition to pay -as -
you -throw is the result of misleading information, as it will cost nothing
to recycle with Athens; said most residents will see a savings and only
those who generate a lot of trash and do not recycle will pay more;
Reese Riley - Hermosa View School second grader/Grades of Green Youth
Board member, said pay -as -you -throw is good for the earth and all
recyclable materials will be free of charge if put into the blue bins; said
people would be rewarded financially for recycling more;
Tom Rice - Hermosa Beach, said he was satisfied with the service provided
by Consolidated Disposal Service (CDS) and preferred their flat -rate
pricing; spoke of the difficulty determining the size and number of bins
needed with a pay -as -you -throw system, and did not see how it would
reduce waste; submitted a protest form to City Clerk Doerfling;
Jim Lissner- Hermosa Beach, asked about the pickup cost for bulky items;
Gary Brown - Hermosa Beach, also asked the cost of bulky -item pickup; said
he was happy with CDS, as they pick up whatever he puts outside and
City Council Minutes 02-26-13 Page 13627
•
•
the workers are very friendly; said the new system is too complicated,
as the amount of trash one generates varies from week to week;
Kelly Kress - Hermosa Beach, expressed concerns about the complexity of
predicting how many bins she would require and of having neighbors
put trash in her bins if they lack enough capacity themselves; asked
the Council to consider renewing the contract with CDS;
Jim Parkman — Hermosa Beach, said the current system is efficient and it
will be impossible to predict how much trash he will generate, even
though he is careful to recycle and compost; said it will cost more to
have extra bins on hand for those times that more trash is generated;
Anne Sullivan - Hermosa Beach, said CDS takes unlimited trash and agreed
with previous speakers about the difficulty of determining the number
of cans needed by both her tenant and herself; asked about green
waste pick-up; said she did not receive a protest mailer and objected to
the process, saying most people will not bother to respond;
Andy Clifton - Hermosa Beach, spoke of how polite and helpful CDS drivers
have been; said to be economical, some people may underestimate
the size and/or number of bins needed, and will then simply dump their
excess trash in neighbors' bins; said when his rental property tenants
move out, they leave a lot of trash and bulky items for pick-up, and he
would not have extra space in his bins to accommodate the overflow;
Chris Prenter - Hermosa Beach, said he also has tenants who invariably will
leave behind a lot of trash when they move out, and varying amounts
of monthly trash make capacity determinations difficult; asked what
residents will do with existing CDS trash bins, noting throwing away the
old bins will create more trash; said bulky -item pick-up is free with
CDS, but the service is not listed in Athens pricing;
Elizabeth Riley - Hermosa Beach/former Green Task Force member, said
Athens offers six free bulky -items pickups per year; said the current
system is no longer available at the current rates; spoke of the success
in other cities with a pay -as -you -throw system, noting that people will
downsize bins when they realize how much can be recycled for free;
Dency Nelson - Hermosa Beach, said pay -as -you -throw makes people think
about how much they throw away, which encourages mindfulness; said
research shows if there is financial incentive, such as smaller cans for
less money, it changes people's behavior;
Suzanne Sullivan - submitted to City Clerk Doerfling a petition containing the
signatures of 25 residents in favor of staying with CDS;
Jean Laurin - Hermosa Beach, said there is always risk involved with change,
but some aspects of the current system may be broken;
Blair Smith - Hermosa Beach, spoke of CDS's great service and their friendly
drivers who pick up any trash that falls off the truck; did not understand
negotiating a contract that would cost more; expressed concerns about
his tenants leaving items behind when they move out and bulky -item
pick-ups six times per year; said CDS trucks run on natural gas;
Mike Mahoney - Hermosa Beach, agreed with Mr. Smith's comments; said
his mother has the pay -as -you -throw system in Redondo Beach, which
has limits on what can be put in the recycle bins; said Palos Verdes
City Council Minutes 02-26-13 Page 13628
•
•
had a pay -as -you -throw system but changed back to the other method
because people regularly needed more bins, costing them more;
Tim Harrison — Hermosa Beach, opposed basing the cost on the number of
bins rather than a flat rate; said nothing has been done by the City
about revenue lost to scavengers removing recyclable items from bins;
Lisa Ryder Moore — Hermosa Beach, cited misinformation in the circulated
letter as the reason many people are protesting the new contract; said
most residents will save money and pay -as -you -throw systems reward
recycling and waste reduction; said there is no illegal dumping problem
in Manhattan Beach with pay -as -you -throw; viewed six bulky -item pick-
ups a year as generous;
Norm Levin - Hermosa Beach, said CDS takes extra recyclables left out for
pickup; liked having green waste recycling but was concerned about
storing excess green waste between such pick-ups; said rates will
increase for the vast majority of residents under pay -as -you -throw;
Sandy Seamann - Hermosa Beach, said everyone he knows opposes the
proposed change and wants the City to keep CDS; said under the
current system with its flat rate, there is no need to estimate how many
more bins will be needed to accommodate those times when more
trash than usual is generated; said both companies offer recycling;
Dan Inskeep - Hermosa Beach, commended the Council and staff for being
flexible and coming up with something new, as the flat -rate system
would not have been sustainable in the future; said the new system
offers many alternatives to concerns raised at this meeting;
Dr. Ethan Cole - Hermosa Beach, said the new system will create tension
between property owners and tenants as the former will determine the
amount of trash the latter can put out; and
Robert Fortunato - Hermosa Beach Green Idea House owner, said pay -as -
you -throw is about personal responsibility and resourcefulness; said all
people have a responsibility to curb the amount of trash generated,
and this system is a powerful economic motivator.
The public hearing closed at 8:48 p.m.
After the public hearing closed, City Clerk Doerfling tabulated and announced
the final protest count: 249 forms were received prior to the meeting, and 36
forms were received during the meeting, for a grand total of 285 protests,
which was insufficient to constitute a majority protest.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, REGARDING MAJORITY PROTEST OF
SOLID WASTE COLLECTION FEES PURSUANT TO PROPOSITION 218."
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
b. AMENDMENT TO CHAPTER 8.12 GARBAGE COLLECTION AND
DISPOSAL CONSISTENT WITH FUTURE SOLID WASTE SERVICES.
City Council Minutes
02-26-13 Page 13629
Memorandum from Community Development Director Ken Robertson dated
February 15, 2013.
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 9:05 p.m. As no one came forward to address the
Council on this matter, the public hearing closed at 9:05 p.m.
Action: To approve the staff recommendation to waive full reading and
introduce Ordinance No. 13-1339, "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING VARIOUS PROVISIONS
OF CHAPTER 8.12 OF THE HERMOSA BEACH MUNICIPAL CODE
RELATED TO SOLID WASTE COLLECTION AND DISPOSAL," amended
as follows: (1) Section 7, change the second sentence from the bottom of
subsection B under Municipal Code Section 8.12.210, to read "Such log of
....reasonable times, shall be provided to the City on a quarterly basis, and
shall be maintained....."; and (2) Section 8, add subsection D under Municipal
Code Section 8.12.220, to read "Containers shall not be placed at the curb for
collection any earlier than five (5:00) p.m. on the day prior to collection."
Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote.
6. MUNICIPAL MATTERS
a. STATUS REPORT ON SOLID WASTE SERVICES CONTRACTING AND
TRANSITION, AND EXTENSION OF CONTRACT WITH CONSOLIDATED
DISPOSAL SERVICE FOR SOLID WASTE MANAGEMENT SERVICES TO
JUNE 30, 2013. Memorandum from Community Development Director Ken
Robertson dated February 15, 2013. Supplemental information from Director
Robertson received February 26, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
No one came forward to address the Council on this item.
Action: To approve the amendment to extend the contract with Consolidated
Disposal Service (Republic Services, Inc.) for Solid Waste Management
Services to June 30, 2013.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
b. MIDYEAR BUDGET REVIEW 2012-13. Memorandum from Finance Director
Viki Copeland dated January 22, 2013.
Finance Director Copeland presented the staff report. She and City Manager
Bakaly responded to Council questions.
City Council Minutes
02-26-13 Page 13630
•
•
Coming forward to address the Council on this item was:
Melinda Green — Hermosa Beach, spoke of an accident at the intersection of
Gould/Valley/Ardmore which resulted in injuries to her son and former
nanny, and the safety issues involved with that intersection.
Action: To approve the staff recommendation to:
1) Approve revisions to estimated revenue, appropriations, budget transfers
and fund balances as shown herein and in the Revenue Detail Report and
Budget Summary; and
2) Approve the addition of $390,601 to the assigned fund balance for
contingencies in order to meet our target for this goal.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
c. LEADERSHIP HERMOSA BEACH, CLASS OF 2013 — 'WALK HERMOSA'
PROJECT. Memorandum from Public Works Director Frank Senteno.
Public Works Director Senteno presented the staff report and responded to
Council questions.
Cecilia DeCastro — Leadership Hermosa, gave a PowerPoint presentation
about the project, with details about citywide signage to encourage
walking, promoting a daily goal of 10,000 steps, or about five miles.
Action: It was the consensus of the City Council to provide conceptual
approval for the Walk Hermosa project by the Leadership Hermosa Beach
Class of 2013, as recommended by staff.
At 7:56 p.m., the order of the agenda moved to public hearing item 5.a.
d. STORM WATER PERMIT UPDATE AND FUNDING OPTIONS.
Memorandum from Public Works Director Frank Senteno dated
February 14, 2013.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Attorney Jenkins also responded to questions.
Kathleen McGowan, the City's environmental consultant (Geosyntec), made a
PowerPoint presentation on the storm drain system, significant changes in the
permit, reporting requirements, objectives, and Best Management Practices.
Noting the City's accomplishments, she reviewed the three options in the staff
report, recommending Option 3 (Enhanced Watershed Management Plan
Implementation) for several reasons, including a longer implementation time.
Pamela Manning, Los Angeles County Department of Public Works Business
Relations Representative, responded to Council questions.
Coming forward to address the Council on this item was:
City Council Minutes
02-26-13 Page 13631
•
Craig Cadwallader – Surfrider Foundation, urged the Council to protect and
keep pollutants out of the ocean, which is a huge source of revenue for
the City; hoped everyone would work together to make it happen; and
Sandi Pfister – Hermosa Beach, said the City should consider an appeal;
questioned the City's return on the fee; and asked for more information
on how the $50 per -parcel tax would be used.
Action: To approve the staff recommendation to:
1) Receive and file the information provided on the recently adopted National
Pollutant Discharge Elimination System (NPDES) Permit; and
2) Direct staff to proceed with the Enhanced Watershed Management Plan
Implementation (Option 3).
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
Further Action: To direct staff to respond to the Los Angeles County Flood
Control District's Clean Water Clean Beaches Initiative with a letter of protest.
Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting
vote of Duclos.
It was the consensus of the Council to complete the agenda this evening beyond the
established meeting end time of 10:30 p.m. At 10:40 p.m., the order of the agenda
moved to item 4 (items removed from the consent calendar for separate discussion).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. OIL PROJECT STATUS. Oral report from City Manager Bakaly.
City Manager Bakaly gave a PowerPoint presentation and responded to
Council questions.
Stacey Armato — Hermosa Beach, said the City website title "Proposed Oil
Production Project" is misleading, since it is an oil drilling project; said
more updates are needed, as well as an impartial analysis on how the
settlement amount would be generated, and adding information about
tidelands money in FAQs; said accessing the Macpherson settlement
document on the website should be easier.
Action: By consensus, the Council received the City Manager's oral report
on the status of the Oil Project.
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meetings of
January 22, 2013 & February 12, 2013.) Memorandum from City Clerk
Elaine Doerfling dated February 17, 2013.
City Clerk Doerfling presented the report and responded to Council questions.
City Council Minutes 02-26-13 Page 13632
•
•
•
Action: To approve the list of City Council Committee Delegate/Alternate
appointments, with the following changes:
1) Independent Cities Risk Management Associate — note that meetings take
place every other month in Downey;
2) South Bay Cities Council of Governments — add Steering Committee and
note that meetings take place on Western Avenue;
3) Delete the following temporary Council subcommittees: Carbon Neutral
and Smoke -Free Dining; and
4) Rename the Macpherson Oil Settlement Public Information temporary
Council subcommittee to Communications subcommittee.
The action was approved by Council consensus, with no objections.
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, February 26, 2013, at the hour of 11:13 p.m., in
memory of Larry Thompson, Whit Whitaker and Ed Bose, to an Adjourned Regular
Meeting on Thursday, February 28, 2013, at the hour of 7:00 p.m. for the purpose of
conducting a Pre -Budget Workshop discussion.
Deputy City Clerk
City Council Minutes
02-26-13 Page 13633
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
•
of the City of Hermosa Beach, California, held on Thursday, February 28, 2013, at
the hour of 7:05 p.m.
PLEDGE OF ALLEGIANCE — Caroline Petty
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
ANNOUNCEMENTS — None
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time was:
Alan Benson — Hermosa Beach, presented a Los Angeles County Public
Health press release dated April 21, 2011 associating greater alcohol
availability with increases in violent crime, car crashes and deaths, and
other related material.
POLICY DISCUSSION OF BUDGET PREPARATION FOR THE 2013-14 FISCAL
YEAR OPERATING AND CAPITAL IMPROVEMENTS BUDGET. THE PURPOSE
• OF THE DISCUSSION IS TO PROVIDE STAFF WITH BROAD POLICY
FRAMEWORK TO PREPARE THE BUDGET. Supplemental draft Strategic Plan
and Executive Summary prepared by Lyle Sumek Associates, Inc.
Council discussion topics included items listed in the agenda: (a) Revenue; (b) City
Council Policy Agenda 2013; (c) Management Agenda 2013; (d) Consideration of
Options; and (e) Reserve Levels. Councilmembers then specified their individual
budget priorities, concerns and suggestions, including the following:
• Budget should be driven by the Council's Strategic Plan;
• The City's level of core services should be maintained;
• Expenditure targets should be set;
• Expenditures should be less than revenue;
• Equipment Replacement funds should no longer be raided;
• Budget increase should not exceed CIP;
• A healthy reserve fund should be maintained;
• Community Center is still a financial drain;
• Tower lights should be purchased rather than rented by the City for events;
• Funding should be requested from the County to build 14th Street restrooms;
• More focus on carbon -neutral issue, pollution runoff, water treatment control;
• City should more aggressively search for grant funding;
• Keep in mind big-ticket items for next year's budget, including $10 million for
sewers (which must be done before any street paving), $17.5 million debt if
the oil drilling measure fails, and $11 million for pension obligations, totaling
$38.5 million, plus the cost of any additional staffing that may be needed;
City Council Minutes 02-28-13 Page 13634
•
•
•
• Consider handling next year's budget workshop differently and reviewing the
strategic plan earlier in the process, and work toward maintaining a higher
rainy day fund in future budgets;
• Department budgets to include services provided, percentage of time spent
on each service, and the dollar amount each service costs; and
• Staff to provide the lifetime costs of new employees.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Thursday, February 28, 2013, at the hour of 7:58 p.m.
to the Regular meeting of Tuesday, March 12, 2013.
City Council Minutes
02-28-13 Page 13635
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
IIIHermosa Beach, California, held on Tuesday, March 12, 2013, at the hour of 5:13
p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 February 26, 2013.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
III ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, March 12, 2013, at the hour of 5:14
p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour of 6:30 p.m., the Closed Session
adjourned to the Regular Meeting, which was called to order at 7:01 p.m.
PLEDGE OF ALLEGIANCE — Albro Lundy
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins said no public comments had
been received before the Council adjourned into the Closed Session; no items were
added to the agenda; and no reportable actions were taken on any agenda items.
ANNOUNCEMENTS — Councilmember Fishman reminded everyone to attend this
year's St. Patrick's Day Parade Saturday, March 16, starting at 11:00 a.m. at Pier
AvenueNalley Drive, noting that the annual event is sponsored by the Hermosa
Beach Chamber of Commerce and Visitors Bureau.
IIIICouncilmember Tucker spoke of the passing of George Watanabe, a past Hermosa
Beach Public Works employee of more than 20 years, a Vietnam veteran who
City Council Minutes 03-12-13 Page 13636
served in the 7th Calvary, and an accomplished joke -teller, who also worked as the
•
maitre d' at Cantina Real in Hermosa.
PRESENTATIONS
CERTIFICATE OF RECOGNITION TO
SENIOR AIRMAN LEVI MBURU
AIRMAN OF THE YEAR
LOS ANGELES AIR FORCE BASE
Mayor Bobko presented the certificate of recognition to Senior Airman Levi Mburu,
who said he enlisted in 2010 after arriving from Kenya, became a United States
citizen in 2011, and encouraged others to serve their country. Mayor Bobko thanked
him for his service, noting they would ride together in the St. Patrick's Day Parade.
Mayor pro tem DiVirgilio noted the Air Force's great impact on our community, since
there is a base in El Segundo.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Sal Lonqo - owner of two homes in Hermosa as well as Suzy's Bar & Grill,
asked the Council to lift the citywide moratorium on liquor licenses so
that he could apply for one;
Jim Lissner - Hermosa Beach, spoke of time spent discussing the significant
impacts from the downtown area nightlife, including a disproportionate
police presence, which will continue until Council action or passage of
his initiative (earlier closing times for alcohol establishments); and
Laurie Baker - Hermosa Beach Education Foundation, invited everyone to
the annual "Hearts of Hermosa" fundraiser at the Community Center
on Saturday, March 23, with doors opening at 5:45 p.m. and tickets
available for purchase online at www.hbef.orq; said the event features
a silent auction, and the proceeds benefit Hermosa schools.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i).
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 JANUARY 22, 2013.
Action: To approve the minutes of the Regular meeting of the City Council
held on January 22, 2013.
City Council Minutes 03-12-13 Page 13637
• (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 8518, 25635,
25636, 69673 THROUGH 69786, 72029, 72032, 155851, 470964 AND
496734, AND TO APPROVE THE CANCELLATION OF CHECK NO. 66915
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 tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING
JANUARY 2013 FINANCIAL REPORTS:
1) Revenue and expenditure report; and
2) City Treasurer's report.
Action: To receive and file the January 2013 financial reports.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF JANUARY 7, 2013.
(f)
(g)
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of January 7, 2013.
RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE
SALARY AND BENEFITS FOR THREE EMPLOYEES IN
UNREPRESENTED CLASSIFICATIONS. Memorandum from Assistant to
the City Manager Diane Strickfaden dated March 12, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6833, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING SALARY AND BENEFITS
FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS."
RECOMMENDATION TO ADOPT RESOLUTION OF SUPPORT FOR A
JOINT BEACH CITIES CALTRANS PARTNERSHIP PLANNING GRANT
APPLICATION FOR AVIATION BOULEVARD LIVING STREET
CONCEPTUAL DESIGN AND LIVING STREETS DESIGN MANUAL AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ALL GRANT
DOCUMENTS AS MAY BE NECESSARY. Memorandum from Community
Development Director Ken Robertson and Public Works Director Frank
Senteno dated March 5, 2013.
Action: To approve the staff recommendation to:
City Council Minutes 03-12-13 Page 13638
•
•
1) Adopt Resolution No. 13-6834, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO
SUPPORT A JOINT BEACH CITIES CALTRANS GRANT
APPLICATION FOR AVIATION BOULEVARD LIVING STREETS
CONCEPTUAL DESIGN AND LIVING STREETS DESIGN MANUAL";
and
2) Authorize the City Manager to execute all grant documents as may be
necessary.
(h) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT TO
PALP, INC., DBA EXCEL PAVING COMPANY TO PROVIDE
CONSTRUCTION SERVICES FOR PROJECT CIP NO. 11-179 HERMOSA
VIEW ELEMENTARY SAFE ROUTE TO SCHOOL IN THE AMOUNT OF
$157,013; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO
APPROVAL BY THE CITY ATTORNEY; ADOPT RESOLUTION ENTITLED,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF CIP NO. 11-179 HERMOSA VIEW ELEMENTARY
SAFE ROUTE TO SCHOOL PROJECT PURSUANT TO GOVERNMENT
CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT"; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
MAKE CHANGES TO THE CONTRACT WITHIN THE PROJECT BUDGET.
Memorandum from Public Works Director Frank Senteno dated February 27,
2013. Supplemental (construction agreement) received from Public Works on
March 12, 2013.
(i)
Action: To approve the staff recommendation to:
1) Award the construction contract to Palp, Inc., DBA Excel Paving Company
to provide construction services for Project CIP No. 11-179 Hermosa View
Elementary Safe Route to School in the amount of $157,013;
2) Authorize the Mayor to execute and the City Clerk to attest the
Construction Contract subject to approval by the City Attorney;
3) Adopt Resolution No. 13-6835, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP NO. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO
SCHOOL 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 to the contract
within the project budget.
RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT
TO TIDAL MARINE CONSTRUCTION TO PROVIDE CONSTRUCTION
SERVICES FOR PROJECT CIP NO. 11-652 HERMOSA BEACH
MUNICIPAL PIER STRUCTURAL REPAIRS IN THE AMOUNT OF
$139,700; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO
City Council Minutes 03-12-13 Page 13639
•
•
APPROVAL BY THE CITY ATTORNEY; ADOPT RESOLUTION
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF CIP NO. 11-652 HERMOSA BEACH MUNICIPAL
PIER PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6
AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AUTHORIZE
AN APPROPRIATION OF $97,372 IN THE 122 TYCO FUND; AND,
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE
CHANGES TO THE CONTRACT WITHIN THE PROJECT BUDGET.
Memorandum from Public Works Director Frank Senteno dated March 5,
2013.
Action: To approve the staff recommendation to:
1) Award the Construction Contract to Tidal Marine Construction to provide
construction services for Project CIP No. 11-652 Hermosa Beach
Municipal Pier Structural Repairs in the amount of $139,700;
2) Authorize the Mayor to execute and the City Clerk to attest the
Construction Contract subject to approval by the City Attorney;
3) Adopt Resolution No. 13-6836, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP NO. 11-652 HERMOSA BEACH MUNICIPAL PIER
STRUCTURAL REPAIRS PROJECT PURSUANT TO GOVERNMENT
CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT";
4) Authorize an appropriation of $97,372 in the 122 Tyco Fund; and
5) Authorize the Director of Public Works to make changes to the contract
within the project budget.
3. CONSENT ORDINANCES
a. ORDINANCE NO. 13-1339 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING VARIOUS PROVISIONS
OF CHAPTER 8.12 OF THE HERMOSA BEACH MUNICIPAL CODE
RELATED TO SOLID WASTE COLLECTION AND DISPOSAL." For
adoption. Memorandum from City Clerk Elaine Doerfling dated
March 5, 2013.
Action: To waive full reading and adopt Ordinance No. 13-1339.
Motion DiVirgilio, second Tucker. The motion carried by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
At 7:25 p.m. the order of the agenda moved to Municipal Matter item 6(a).
City Council Minutes 03-12-13 Page 13640
• 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION - None
•
5. PUBLIC HEARINGS
a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION
RESOLUTION 12-22 MODIFYING A CONDITIONAL USE PERMIT FOR A
RESTAURANT WITH ON -SALE GENERAL ALCOHOL, OUTDOOR DINING
AND LIVE ENTERTAINMENT REQUIRING THE ESTABLISHMENT TO
CLOSE BY 12:00 MIDNIGHT AND TO CEASE LIVE ENTERTAINMENT BY
11:30 PM, AMONG OTHER MODIFICATIONS, AT 1238 HERMOSA
AVENUE (CAFE BOOGALOO). Memorandum from Community
Development Director Ken Robertson dated March 5, 2013. Supplemental
memorandum received from Director Robertson on March 12, 2013.
Community Development Director Robertson noted that the property owner
and business owner had requested a continuance.
At the request of Mayor Bobko, attorney Albro Lundy, representing property
owner Nancy Colville, came forward and discussed reasons for the requested
60 -day continuance, during which Cafe Boogaloo would observe a midnight
closing time; said current management will be replaced and additional time is
needed to make the changes without the loss of property rights or value of the
Conditional Use Permit (CUP); and answered Council questions.
Councilmembers disclosed any ex parte communications they had with any of
the parties involved. City Attorney Jenkins, Community Development Director
Robertson, and City Manager Bakaly responded to Council questions.
At 8:03 p.m., Mayor Bobko invited members of the public to speak only about the
request for continuance. Coming forward to address the Council were:
Jim Lissner - Hermosa Beach, said regardless of the requested continuance,
the hours must be addressed now; urged Council to review downtown
Hermosa arrest reports; said bottle service and all -you -can -drink
promotions should be prohibited throughout the City;
Ray Dussault - Hermosa Beach, referenced a decades -old study in New York
that found a sharp increase in violent crime in areas where residents
had succeeded closing down bars/nightclubs, resulting in fewer people
being out in the neighborhoods after 8 p.m.;
Gary Alonso - Cafe Boogaloo owner/Hermosa resident, apologized to Ms.
Colville; agreed to a midnight closing; urged granting the continuance
so the operators could put things in order and move forward; and
Richard Stapp - Hermosa Beach, urged the Council to grant the continuance,
saying a ruling tonight could mean removal of some property rights.
• At 8:11 p.m., after the close of public comments, Council discussion ensued solely
on the issue of the requested 60 -day continuance.
City Council Minutes
03-12-13 Page 13641
•
•
•
Action: To deny the request of the property owner and business owner for a
continuance.
Motion Tucker, second Duclos. The motion carried, noting the dissenting
votes of DiVirgilio and Mayor Bobko.
Community Development Director Robertson then presented the staff report
and responded to Council questions. City Attorney Jenkins and Interim Police
Chief Johnson also responded to Council questions.
The public hearing opened at 8:46 p.m. Corning forward to address the Council on
this item were:
Nancy Colville - property owner/Hermosa resident, said she took action when
she learned of the problem in late October 2012; spoke of difficulties
she had working with her tenant, and apologized for not involving Mr.
Lundy sooner; asked the Council to grant a 1:00 a.m. closing time, as
initially set by the Planning Commission at its December meeting;
Albro Lundy - attorney representing the property owner, said Ms. Colville had
not opposed the Planning Commission's initial change to a 1:00 a.m.
closure, and she had not received notice that the closing time would
subsequently be further reduced to midnight;
Frank and Nicholas Klutka - brothers/Cafe Boogaloo shareholders, asked to
maintain the original CUP; acknowledged the need for a thorough
review of human resources practices and a staffing overhaul; said they
would take management of the business and had an action plan for
operational changes, including a focus on food/dining specials, not
alcohol promotions; agreed to reduce the number of televisions; and
Jim Lissner - Hermosa Beach, spoke in support of sustaining the Planning
Commission's decision; noted that there had been numerous incidents
involving intoxicated patrons; urged the Council to provide for women's
safety, as well as reduce the hours of the business.
The public hearing closed at 9:09 p.m.
Action: To adopt resolution No. 13-6837, entitled "A RESOLUTION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING
COMMISSION'S DECISION TO MODIFY THE CONDITIONAL USE PERMIT
TO ALLOW ON -SALE GENERAL ALCOHOL AND LIVE
ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING RESTAURANT
("CAFE BOOGALOO"), AND SUPERSEDING P.C. RESOLUTION NO. 12-
22, AT 1238 HERMOSA AVENUE, LEGALLY DESCRIBED LOT 5, BLOCK
34, FIRST ADDITION TO HERMOSA BEACH, CALIFORNIA," with the
amendment (proposed by the second and accepted by the maker) to reduce
the number of televisions from eight to four.
Motion Duclos, second Tucker.
Further Action: To amend the main motion to include a review of the ruling in
one year giving the property owner the opportunity to show that appropriate
changes were made and to revisit a weekend closing time of 1:00 a.m.
City Council Minutes 03-12-13 Page 13642
•
•
•
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote,
with the understanding that the City Attorney would evaluate the possibility of
restoring hours.
Final Action: The main motion to adopt the resolution sustaining the decision
of the Planning Commission, as amended, carried by a unanimous vote
6. MUNICIPAL MATTERS
a. APPOINTMENT OF SUBCOMMITTEE TO ASSIST WITH THE STRATEGIC
PLAN FOR ECONOMIC DEVELOPMENT — CIVIC CENTER
COMPLEX/DOWNTOWN OPPORTUNITY SITES. Memorandum from
Community Development Director Ken Robertson dated March 5, 2013.
Community Development Director Ken Robertson presented the staff report
and responded to Council questions.
No one came forward to address the Council on this item.
Action: To establish a Council subcommittee comprised of Mayor Bobko and
Mayor pro tem DiVirgilio to assist with the Strategic Plan for Economic
Development— Civic Center Complex/Downtown Opportunity Sites.
Motion Fishman, second Bobko. The motion carried by a unanimous vote.
At 7:26 p.m., the order of the agenda moved to Municipal Matter item 6(d).
b. PURCHASE OF VEHICLES FOR THE COMMUNITY DEVELOPMENT
DEPARTMENT. Memorandum from Public Works Director Frank Senteno
dated March 5, 2013. Supplemental received from Mayor Bobko.
Action: To continue this item to a future meeting, as requested by staff
(handled earlier in the meeting, but shown in order for clarity).
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
c. REVISED SMACKFEST EVENT APPLICATION. Memorandum from
Assistant to the City Manager Diane Strickfaden dated March 12, 2013.
Supplemental emails from Todd Emaus and Neil Gass, both received March
12, 2013.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Bill Sigler — Smackfest, said the event has never exceeded 2,000 attendees,
mostly South Bay residents in their thirties, forties or fifties; said he had
addressed the restroom/litter/zero-tolerance-for-alcohol issues; and
City Council Minutes
03-12-13 Page 13643
•
•
Ray Dussault — Hermosa Beach, said volleyball is in integral part of the
community; said during the four years he has attended this event, beer
cans were not an issue, and he never had to wait in line for the
bathroom; urged the Council to base its decision on facts.
Action: To approve the revised Special Event Permit Application for the
Smackfest Volleyball Tournament, with the following amendment (proposed
by the second and accepted by the maker) to remove from the tournament
any participant caught with alcohol and ban the individual from future events.
Motion Fishman, second Tucker. The motion carried, noting the dissenting
vote of Duclos.
d. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF
EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from
City Manager Tom Bakaly dated March 7, 2013.
City Manager Tom Bakaly 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) Receive the report submitted by the County Librarian; and
2) Direct that the excess funds be placed in a Special Trust for improvements
to the Hermosa Beach Branch Library.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
Further Action: It was the consensus of the Council to direct staff to discuss
with Los Angeles County Supervisor Don Knabe the possibility of diverting a
portion of the money, perhaps $60,000 a year, to the Hermosa Beach School
District to fund the cost of a school librarian.
At 7:30 p.m., the order of the agenda moved to Public Hearing item 5(a).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of George Watanabe, on Tuesday, March 12, 2013, at
the hour of 10:00 p.m. to the Regular meeting of Tuesday, March 26, 2013.
//�
City Clerk
City
Deputy City Clerk
ncil Minutes 03-12-13 Page 13644
•
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, March 26, 2013, at the hour of 7:04
p.m.
PLEDGE OF ALLEGIANCE — Tamara White
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Mayor Bobko
Absent: Tucker
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Duclos noted his attendance last week at
the 22nd annual Ahwahnee Conference for Local Elected Officials in Yosemite,
themed "Building Livable Communities"; cited urban planner Michael Friedman's
presentation on improving livability in the current economy; said more information
was available at www.lgc.orq. He then spoke of the closing of Bo Bridges Art
Gallery, calling it a vital component of downtown; said Bridges was one of the top
photographers in the nation, but could no longer afford to stay in Hermosa; said the
City successfully interacts with business operators but not property owners.
Councilmember Fishman noted the pending return of Ragin' Cajun, which had been
priced out of its lease at its previous Hermosa location; announced the Surfers Walk
of Fame induction ceremony at the Pier at 11 a.m. Saturday, April 6; invited residents
to the annual State of the City address, hosted by the Chamber of Commerce at the
Beach House at 6 p.m. Wednesday, April 10, with doors open at 5:30 p.m.
Mayor Bobko wished all a happy Passover; thanked the Chamber of Commerce for a
fun St. Patrick's Day Parade; spoke of the successful Hearts of Hermosa fundraiser
on April 23, which raised $150,000 for local schools; noted the annual State of the
City address (mentioned above); and thanked Hermosa View School first -graders of
Mrs. Gill's class and Hermosa Valley School fourth -graders of Mrs. Smith's class for
an enjoyable time reading to them on March 1, which was Read Across America Day.
PRESENTATIONS
AMERICAN RED CROSS MONTH
MARCH 2013
Mayor Bobko thanked the organization for its work in the community and presented
a certificate of recognition to Tamara White, Community Coordinator, American Red
Cross Los Angeles Region, along with Faith -Based Coordinator Osas Otasowie and
Community Ambassador Kat Meredith.
Ms. White thanked the City for the opportunity to be of assistance, and urged
everyone to donate blood or become a disaster volunteer, with more information at
www. redcross. orq.
City Council Minutes 03-26-13 Page 13645
OIL PROJECT STATUS REPORT
FROM TOM BAKALY, CITY MANAGER
City Manager Bakaly presented a monthly Oil Project Status Report, focusing on
improvements made to the section of the City's website devoted to the project, the
pending Health Impact Assessment and Economic Benefit Cost Analysis, as well as
the numerous opportunities for community involvement starting in May.
Community Development Director Robertson gave the status of the Environmental
Impact Report, noting that requests for proposals (RFPs) from consultants were due
April 10, with the contract to be awarded in early May; said there would be numerous
opportunities for public involvement; and said the RFP for the Economic Benefit Cost
Analysis was released last week, with the contract to be awarded in May.
At 7:32 p.m. Mayor Bobko invited forward Al Muratsuchi, Assemblymember, 66th
District, to introduce himself. Mr. Muratsuchi said he looked forward to working with
the City and encouraged residents to visit his new office in Torrance.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
Coming forward to address the Council at this time were:
Mike Collins - Hermosa Beach, said perimeter fencing around the oil project
was needed and details about required signage should be on the City's
website; showed slides and gave handouts to the City Clerk;
Jason Mead and John Owens - Lomita and Hermosa Beach respectively,
urged the Council to reconsider staff layoffs at the City's Skate Park,
calling it the best -run of all local parks when staffed because kids
followed the rules and stayed safe; submitted to the City Clerk a
petition signed by 530 local children (staff was asked to report back on
alternatives that address both park oversight and City liability);
Barbara Ellman - Hermosa Beach, said the skate park had been one of the
few places her son and others felt safe and urged reconsideration;
Jim Lissner- Hermosa Beach, suggested that the City contribute $100,000 to
local schools; said the City needs to take back control of downtown;
Hany Fangars - Hermosa Beach, said there had been no meaningful Council
discussions regarding oil project issues such as scoping, approach and
a timeline; urged the Council to take public positions on the project;
Charles Hoffman - said he grew up skateboarding at the park since the day it
opened; said skateboarding should be encouraged if safety measures
are observed; said having onsite staff like Sharon provided a sense of
safety and that she was a valuable community resource;
Lauren Pizer- Hermosa Beach, said the Economic Benefit Cost Analysis' title
implied bias; opposed rushing studies; said the City should allow the
citizens ample time to decide if they are for or against the project; and
City Council Minutes 03-26-13 Page 13646
•
Stacey Armato — Hermosa Beach, agreed that more time is required and that
the title of the Economic Benefit Cost Analysis is slanted; said a wider
range of studies should take place, with more input from residents.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k).
Motion DUirgilio, second Fishman. The motion carried, noting the absence of
Councilmember Tucker.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED
REGULAR MEETING HELD ON JANUARY 23, 2013.
Action: To approve as presented the City Council minutes of the Regular
meeting held on January 23, 2013. (Tucker absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16295,
69787 THROUGH 69943, 156899, 232760, 232761, 256991, 258260,
258320, 326002, 424467, AND 424507: AND APPROVE CANCELLATION
OF CHECK NOS. 65602 AND 65836 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. (Tucker absent)
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file the tentative future agenda items. (Tucker absent)
(d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2013
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the February 2013 financial reports. (Tucker
absent)
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF FEBRUARY 5, 2013.
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission Meeting held on February 5,
2013. (Tucker absent)
City Council Minutes 03-26-13 Page 13647
•
(f)
(g)
RECOMMENDATION TO ADOPT A RESOLUTION REVISING THE 2012-13
APPROPRIATIONS LIMIT AND RESCIND RESOLUTION 12-6809.
Memorandum from Finance Director Viki Copeland dated March 11, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6838, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, REVISING, APPROVING AND
ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 2012-2013 AND RESCINDING RESOLUTION 12-6809." (Tucker
absent)
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
March 18, 2013.
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction. (Tucker
absent)
(h) RECOMMENDATION TO ADOPT A RESOLUTION WHICH AUTHORIZES
THE CITY MANAGER, FINANCE DIRECTOR AND ACCOUNTING
SUPERVISOR TO ORDER DEPOSIT AND WITHDRAWAL OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND RESCIND
RESOLUTION NO. 12-6779 (THE PREVIOUS LAIF RESOLUTION).
Memorandum from Finance Director Viki Copeland dated March 19, 2013.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6839, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND"; and
2) Rescind Resolution No. 12-6779 (the previous LAIF resolution). (Tucker
absent)
(i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF MARCH 19, 2013.
Action: To receive and file the action minutes of the Planning Commission
Meeting held on March 19, 2013. (Tucker absent)
(j) RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO
COPP CONTRACTING, INC. TO PROVIDE CONSTRUCTION SERVICES
FOR PROJECT CIP NO. 11-127 STREET IMPROVEMENTS — VARIOUS
LOCATIONS IN THE AMOUNT OF $776,881.13; AUTHORIZE THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST THE ATTACHED
CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY
ATTORNEY; ADOPT RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE
City Council Minutes 03-26-13 Page 13648
DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 11-127
STREET IMPROVEMENTS — VARIOUS LOCATIONS PURSUANT TO
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO MAKE CHANGES TO THE CONTRACT WITHIN THE
PROJECT BUDGET. Memorandum from Public Works Director Frank
Senteno dated March 19, 2013.
Action: To approve the staff recommendation to:
1) Award the Construction Agreement to Copp Contracting, Inc. to provide
construction services for Project CIP No. 11-127 Street Improvements —
Various Locations in the amount of $776,881.13;
2) Authorize the mayor to execute and the City Clerk to attest the attached
construction contract subject to approval by the City Attorney;
3) Adopt Resolution No. 13-6840, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP NO. 11-127 STREET IMPROVEMENTS — VARIOUS
LOCATIONS PURSUANT TO GOVERNMENT CODE SECTION 830.6
AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; and
4) Authorize the Director of Public Works to make changes to the contract
within the project budget. (Tucker absent)
(k) RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES
AGREEMENT TO RNL, INC. TO PROVIDE DESIGN SERVICES FOR
PROJECT CIP NO. 07-651 DOWNTOWN COMPACTOR FACILITY FOR A
FIXED FEE OF $51,830; AUTHORIZE THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES
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 March 20, 2013.
Supplemental received from Director Frank Senteno March 26, 2013.
Action: To approve the staff recommendation to:
1) Award the Professional Services Agreement to RNL, Inc. to provide
design services for Project CIP No. 07-651 downtown compactor facility
for a fixed fee of $51,830;
2) Authorize the Mayor to execute and the City Clerk to attest the attached
construction contract subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the contract
within the project budget. (Tucker absent)
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION — None
City Council Minutes 03-26-13 Page 13649
•
5. PUBLIC HEARINGS
a. APPROVAL OF AGREEMENT WITH ARAKELIAN ENTERPRISES, INC.
(ATHENS SERVICES) TO PROVIDE INTEGRATED SOLID WASTE
MANAGEMENT SERVICES AND ADOPTION OF A RESOLUTION
AMENDING SOLID WASTE MANAGEMENT SERVICES RATES.
Memorandum from Community Development Director Ken Robertson dated
March 20, 2013. Supplemental email received from John Bell March 26,
2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
The public hearing opened at 8:06 p.m. Coming forward to address the Council on
this item were:
Hanv Fangary — Hermosa Beach, expressed concerns about an eight-year
contract, with the possibility of ten; spoke of unsafe street sweeper
drivers; said tying the sweeping and trash contracts together was
illogical, as it gives Athens Services too much control in the City;
Sheryl Main — Hermosa Beach, said Athens provides irregular and incomplete
sweeping service of her one-way street and its drivers go too fast;
noted the Consolidated Disposal Services drivers' friendliness and
helpfulness; and
Gary Clifford — Athens Services, introduced several Athens employees and
responded to Council questions about navigating narrow, one-way
streets and bulky -item pickups; spoke of the low-income discount and
changing the contractual language regarding gratuities.
The public hearing closed at 8:10 p.m.
Action: Approve the staff recommendation to:
1) Approve the Agreement with Arakelian Enterprises, Inc. (Athens Services)
to provide Integrated Solid Waste Management Services; and
2) Adopt Resolution No. 13-6841, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ESTABLISHING SOLID WASTE COLLECTION FEES FOR THE
COLLECTION OF SOLID WASTE AND RECYCLABLES WITHIN THE
CITY OF HERMOSA BEACH, AMENDING SOLID WASTE
MANAGEMENT SERVICES RATES."
Motion DiVirgilio, second Fishman. The motion carried, noting the absence of
Tucker.
6. MUNICIPAL MATTERS
a. ATHENS STREET SWEEPING CONTRACT AMENDMENT. Memorandum
from Public Works Director Frank Senteno dated March 19, 2013. Two
supplemental items from Director Frank Senteno received March 26, 2013.
City Council Minutes 03-26-13 Page 13650
•
•
Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly and City Attorney Jenkins also
responded to Council questions.
Coming forward to address the Council on this item were:
George Saemann - Hermosa Beach, expressed concern with the sweeping
of the Strand, which is stained and dirty; said the contract extension is
too long and the five percent savings is wiped out by the three percent
per annum increase; said sweeping should have gone out to bid;
Jerry Costello - CleanStreet, submitted a handout to the City Clerk; spoke of
information gleaned from resident questionnaires; said Athens has not
fulfilled its promises regarding sweeping and uses ineffective and noisy
equipment; said the City could have saved money using CleanStreet;
Jim Lissner - Hermosa Beach, agreed an eight-year contract is too long; said
the downtown areas of the City need cleaning more often, due to the
smell of urine; spoke of the need to rid City streets of chewing gum;
Hany Fanaary - Hermosa Beach, clarified legal grounds for temmination of the
contract; said the sweeper trucks go too fast on the Strand, posing a
danger; said there should not have been an eight-year extension and
that the contract should have gone out to bid; and
Gary Clifford - Athens Services, said the contract can be changed at any
time; said Athens will work with staff based on their observations and
recommendations.
Proposed Action: To direct staff to report back on how the quality of service
could be increased, including frequency, equipment and pricing changes; and
to use GPS to review the speed of sweepers on the Strand.
Motion DiVirgilio, Duclos second. The motion was subsequently withdrawn.
Action: To approve the staff recommendation to:
1) Authorize the Mayor to execute the first amendment to the agreement for
street sweeping services between the City of Hermosa Beach and
Arakelian Enterprises (Athens Services) that extends the term of the street
sweeping contract to coincide with the term of the proposed franchise
agreement for waste disposal services; and
2) Authorize the Director of Public Works to make changes as necessary
within the budgeted amount;
with direction to staff to address at a future date the issues identified in the
above proposed action, requiring Athens to share their complaint log with the
City, and looking at applying the five -percent savings to additional services.
Motion Fishman, second DiVirgilio. The motion carried, noting the absence of
Tucker.
b. OCEAN FRIENDLY GARDEN - COMMUNITY CENTER. Memorandum from
Public Works Director Frank Senteno dated March 18, 2013.
Public Works Director Senteno presented the staff report and responded to
Council questions.
City Council Minutes 03-26-13 Page 13651
•
Coming forward to address the Council on this item was:
Paul Herzog— national coordinator of Surfrider Foundation's Ocean -Friendly
Gardens Program, said the public could participate in the garden's
installation; discussed their acronym CPR (Conservation/Permeability/
Retention); said rain barrels could be incorporated into the project,
although they usually encourage people to direct water into the soil.
Action: To approve the staff recommendation to:
1) Consider and approve the relocated Ocean Friendly Garden site;
2) Authorize Agreement No. W2324 between West Basin Municipal Water
District and the City of Hermosa Beach regarding Ocean Friendly Garden
Demonstration Project;
3) Authorize staff to assist Surfrider Foundation in providing project
assistance as described in the attached "Expectations for City
Participation in West Basin's MWD's Ocean -Friendly Demonstration
Garden Program"; and
4) Authorize the appropriation and revenue of $24,000 from the Grants Fund
150 to cover agreement cost.
Motion Duclos, second DiVirgilio. The motion carried, noting the absence of
Tucker.
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 ON THE EMERGENCY PREPAREDNESS ADVISORY
COMMISSION. Memorandum from City Clerk Elaine Doerfling dated March
19, 2013.
City Clerk Doerfling presented the report and responded to Council questions.
Action: It was the consensus of the City Council to direct the City Clerk to
immediately advertise and request applications from interested parties for two
Emergency Preparedness Advisory Commission terms that will expire May
31, 2013. (Tucker absent)
9. OTHER MATTERS- CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, March 26, 2013, at the hour of 9:38 p.m. to the
Regular meeting of Tuesday, April 9, 2013.
. City Clerk
Deputy City Clerk
City Council Minutes
03-26-13 Page 13652
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, April 9, 2013, at the hour of 6:10
p.m.
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 12, 2013.
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.
Initiation of Litigation: Government Code Section 54956.9(d)(4)
Number of Potential Cases: 1
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, April 9, 2013, at the hour of 6:11
p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour of 6:30 p.m., the Closed Session
adjourned to the Regular Meeting, which was called to order at 7:01 p.m.
PLEDGE OF ALLEGIANCE — Viki Copeland
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
Mayor Bobko, joined by all Councilmembers and the City Manager, then invited
Finance Director Viki Copeland forward and presented a Certificate of Recognition in
appreciation of her outstanding performance during forty years of dedicated service
to the City. City Manager Bakaly then presented her with a City pin and a gift.
• CLOSED SESSION REPORT — City Attorney Jenkins said there were no public
comments received or agenda items added and reported that the Council gave him
direction on the agendized initiation of litigation item.
City Council Minutes 04-09-13 Page 13653
ANNOUNCEMENTS — Councilmember Duclos spoke of the Wyland Foundation's
• National Mayors Challenge for Conservation, and urged residents to sign up before
the end of April at www.mywaterpledqe.com and pledge to conserve water, save
energy and reduce pollution, noting that prizes would be awarded. He then spoke of
the April 6 event honoring Assembly District 66 Women of Distinction, hosted by
Assemblymember Al Muratsuchi, held in honor of Women's History Month in
conjunction with Soroptomist International of Manhattan Beach. He said resident
Mary Lou Weiss was an honoree, and noted her plans to retire in June as Market
Manager of the Hermosa Beach and Torrance Farmers Markets.
Councilmember Tucker thanked Spyder Surfboards, the Hermosa Chamber of
Commerce, and City staff for putting together the Surf Fest on April 6, particularly
the Surfers Walk of Fame induction ceremony, noting the induction of Hermosa
resident Mike Doyle, whom he remembered as a lifeguard and young surfer.
Mayor pro tem DiVirgilio spoke of a letter the Council received regarding SB 635,
which would extend business hours to 4 a.m. for on -sale alcohol establishments,
and the letter of concern sent to the appropriate legislators opposing the bill.
Mayor Bobko thanked the Council for attending his State of the City address held on
March 27 and expressed appreciation to the Hermosa Chamber of Commerce for
their hard work in making the event a success.
• PRESENTATIONS
•
PRESENTATION BY VOICE
ON ANNUAL EARTH DAY CELEBRATION
ON APRIL 27, 2013 AT POLLIWOG PARK
Kaye Gagnon, President and founding member of Volunteers and Organizations
Improving the Community's Environment (VOICE), invited residents to an Earth Day
Celebration and Concert at Polliwog Park in Manhattan Beach on Saturday, April 27.
She spoke of scheduled presentations and entertainment, as well as recognition of
local environmental heroes, including El Segundo High School's Abby Landers and
Councilmember Duclos. She said Congressman Henry Waxman is slated to appear,
noted this is the first year of a dolphin call contest, and presented event fliers.
PRESENTATION BY
SOUTHERN CALIFORNIA EDISON
Scott Gobble, Southern California Edison Public Affairs Region Manager, spoke of
improvements in service and reliability, including isolating outages to smaller areas.
He said replacement had begun on underground structures that allow energy
sharing among local cities when needed, spoke of a smartphone app for reporting
street light outages, and spoke of shields the City can purchase that prevent street
lights from shining into residents' windows.
City Council Minutes
04-09-13 Page 13654
•
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Allison Tanaka - said the Richstone Family Center's Pier -to -Pier Walkathon,
which benefits child abuse treatment and prevention, would take place
April 27, noting that Richstone has provided free services in Hawthorne
for 39 years and is the only organization of its kind in the South Bay;
Jim Lissner - Hermosa Beach, thanked Mayor pro tern DiVirgilio for officially
stating the City's opposition to SB 635 and urged residents to contact
legislators to express their opposition; said information about SB 635
and the initiative he wants on the November ballot may be found on
his website at www.quietnights.orq;
Janice Yates - Marineland Mobile Home Park, Hermosa Beach, asked that
item 2(d) be removed from the Consent Calendar; commended Mayor
Bobko on his State of the City address; said inexpensive paint could be
used instead of shields to offset bright street lights;
Jason Mead - Lomita, asked if there had been discussion regarding the City's
Skate Park since his submittal at the last meeting of a petition to keep
it staffed; said it has become like other parks with no supervision, with
drinking and smoking and fewer skaters wearing pads;
Jason Mead (son of above speaker) - spoke of drinking and graffiti problems
at the Skate Park due to no staffing (it was suggested that the issue be
addressed at a future meeting or during budget discussions);
Sal Longo - owner of two Hermosa homes and Suzy's Bar & Grill, asked that
the moratorium on liquor licenses be lifted in the hill section; said his
business and the City are losing money to Redondo Beach, and he
cannot compete as the only nightclub in town without a liquor license;
Mike Collins - Hermosa Beach, said he was following-up on his letter
regarding required signage for the oil drilling project if approved; spoke
of George Schmeltzer's letter, which was included with his submission;
said he would move away from Hermosa if the measure passes; and
Candy McPhail - announced the Hermosa blood drive at the Clark Building
on April 21; said donors will receive a gift card, free admission to the
Comedy & Magic Club, and free dessert; presented Mayor Bobko with
a bracelet to commemorate his previous blood donations; said
donations will support patients at Little Company of Mary Hospital in
Torrance, and more information could be found at www.qivelife.orq.
(a) Letter from Jim Lissner dated April 2, 2013 requesting City Council
oppose SB635 (Leno).
No one came forward to address the Council on this matter.
Action: To receive and file the letter and direct staff to write a letter opposing
SB 635.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
City Council Minutes 04-09-13 Page 13655
•
(b) Letter from Mike Collins regarding the proposed oil production proiect.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(d) Bobko, (g) Duclos, and (h)
Tucker.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE SPECIAL
MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 9, 2013.
Action: To approve as presented the minutes of the City Council's Special
Meeting of February 9, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 38441,
69944 THROUGH 70082, 159540, 189947 AND 248872, AND TO
APPROVE CANCELLATION OF CHECK NO. 69223 AS RECOMMENDED
BY THE CITY TREASURER.
Action: To ratify the check register as presented and approve the
cancellation of certain checks as recommended by the City Treasurer.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file the Tentative Future Agenda Items as presented.
(d) RECOMMENDATION THAT THE CITY COUNCIL WITHDRAW AS A
MEMBER OF THE INDEPENDENT CITIES FINANCE AUTHORITY (ICFA).
Memorandum from Finance Director Viki Copeland dated April 1, 2013.
This item was removed from the consent calendar by Mayor Bobko, at the
request of Janice Yates, for separate discussion later in the meeting.
Coming forward to address the Council on this item was:
Janice Yates — President of the Marineland Community Association, Hermosa
Beach, said the majority of members support resident ownership of the
mobile home park; expressed concern about possible impacts resulting
from the City's withdrawal (Mayor Bobko said there would be no such
impact).
City Council Minutes 04-09-13 Page 13656
•
Action: To approve the staff recommendation to withdraw as a member of
the Independent Cities Finance Authority (ICFA).
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
(e) RECOMMENDATION TO AUTHORIZE THE EXPENDITURE OF $29,098.82
TO WESTNET, INC. OF HUNTINGTON BEACH FOR THE INSTALLATION
OF COMPONENTS TO UPGRADE THE EXISTING WESTNET STATION
ALERTING SYSTEM. Memorandum from Fire Chief David Lantzer dated
April 1, 2013.
(f)
(g)
Action: To approve the staff recommendation to authorize the expenditure of
$29,098.82 to Westnet, Inc. of Huntington Beach for the installation of
components to upgrade the existing Westnet Station Alerting System.
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 2013-2014.
Memorandum from Public Works Director Frank Senteno dated April 1, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13- ,
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, OPREATION 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, 2013 AND ENDING JUNE 30, 2014."
RECOMMENDATION TO AWARD THE SERVICES CONTRACT TO
MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE
MAINTENANCE SERVICES FOR "LANDSCAPE MAINTENANCE" IN THE
AMOUNT OF $712,656.00; AUTHORIZE THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO
APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE
CONTRACT WITHIN THE PROJECT BUDGET. Memorandum from Public
Works Director Frank Senteno dated April 2, 2013.
This item was removed from the consent calendar by Councilmember Duclos
for separate discussion later in the meeting.
• Public Works Director Senteno and City Manager Bakaly responded to
Council questions.
City Council Minutes
04-09-13 Page 13657
•
Action: To approve the staff recommendation to:
1) Award the Services Contract to Merchants Landscape Services, Inc. to
provide landscape maintenance services for "Landscape Maintenance" in
the amount of $712,656.00;
2) Authorize the Mayor to execute and the City Clerk to attest the contract
subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the contract
within the project budget.
Motion Tucker, second DiVirgilio. The motion carried, noting the dissenting
votes of Duclos and Fishman.
(h) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT TO
ATOM ENGINEERING CONSTRUCTION, INC. TO PROVIDE
CONSTRUCTION SERVICES FOR PROJECT CIP NO. 11-139
PROTECTIVE BOLLARDS AT PIER PLAZA IN THE AMOUNT OF
$85,962.00; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST THE ATTACHED CONSTRUCTION CONTRACT
SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE
CONTRACT WITHIN THE PROJECT BUDGET. Memorandum from Public
Works Director Frank Senteno dated April 2, 2013. Supplemental Bid Results
received from Public Works Director Frank Senteno April 8, 2013.
IIIThis item was removed from the consent calendar by Councilmember
Tucker for separate discussion later in the meeting.
Public Works Director Senteno responded to Council questions.
Action: To approve the staff recommendation to:
1) Award the Construction Contract to AToM Engineering Construction,
Inc. to provide construction services for Project CIP No. 11-139
Protective Bollards at Pier Plaza in the amount of $85,962.00;
2) Authorize the Mayor to execute and the City Clerk to attest the contract
subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the
contract within the project budget.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(d), (g) and (h) were heard at this time but are shown in order for
clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
City Council Minutes 04-09-13 Page 13658
•
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. SPECIAL EVENT APPLICATION FOR USC SPRING FOOTBALL RALLY.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
April 9, 2013.
Assistant to the City Manager Diane Strickfaden presented the staff report
and responded to Council questions.
Coming forward to address the Council on this item was:
Daniel Zerunvan — Marketing Department, USC, and Hermosa resident, said
head football Coach Lane Kiffin would be in attendance, along with
some players and song girls; said there would be no ticket -selling
at the event, but orders could be placed for post -event follow-up.
Action: To approve the Special Event application for the USC Spring Football
Rally on April 20, 2013, at Pier Plaza, as recommended by staff.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
b. ADOPTION OF 2013-2018-2028 STRATEGIC PLAN AND CODE OF
• CONDUCT. Memorandum from City Manager Tom Bakaly dated April 4,
2013. Three supplemental items received April 9, 2013: from City Manager
Bakaly; from Mayor pro tem DiVirgilio; and from Getchel Wilson.
City Manager Tom Bakaly 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) Receive and file the 2012 Performance Report; and
2) Adopt the Hermosa Beach 2013-2018-2028 Strategic Plan.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
Further Action: To approve the House Rules: Code of Conduct and Civility
and Operating Guidelines, as presented, and to direct the City Manager to
return in three months for a follow-up discussion.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
At 8:40p.m., the order of the agenda moved to item 6(d).
c. PAPERLESS COUNCIL PACKETS. Memorandum from City Manager Tom
• Bakaly dated April 4, 2013.
City Council Minutes 04-09-13 Page 13659
•
•
City Manager Tom Bakaly presented the staff report and responded to
Council questions.
Coming forward to address the Council on this item were:
Craig Cadwallader — Surfrider Foundation, said the new system is a great
tool that will save time, allow for quick updates, and get the public
more involved; and
(No name given) — commended the Council on going paperless;
questioned why iPads were specifically selected and if they would be
used for personal business.
Action: To direct staff to pursue a paperless City Council packet and
authorize the purchase of five iPads for City Council members.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
d. SPECIAL EVENT APPLICATION FOR HURLEY "RIP MY SHRED STICK"
SURF CONTEST. Memorandum from Assistant to the City Manager Diane
Strickfaden dated April 9, 2013.
Assistant to the City Manager Diane Strickfaden presented the staff report
and responded to Council questions.
Coming forward to address the Council on this item were:
Dennis Jarvis — Spyder Surfboards, thanked the Council for letting them
put on the Surfers Walk of Fame induction ceremony held April 6;
said this surf contest is a great event; and
Grant Hurley — said the event, which travels the United States, is special
for both the children and the pro athletes who participate.
Action: To approve the Special Event application for the Hurley Rip My
Shred Stick Surf Contest, as recommended by staff.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
At 8:49p.m., the order of the agenda moved to item 6(c).
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 ON THE PARKS, RECREATION
AND COMMUNITY RESOURCES ADVISORY COMMISSION.
Memorandum from City Clerk Elaine Doerfling dated April 2, 2013.
• City Clerk Doerfling presented the report and responded to Council
questions.
City Council Minutes 04-09-13 Page 13660
•
•
•
Community Resources Advisory Commission terms that will expire June 30,
2013, as recommended.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
b. CITY TREASURER'S QUARTERLY UPDATE . Oral Report from City
Treasurer David Cohn.
It was the consensus of the Council to continue this item to the next meeting.
9. OTHER MATTERS - CITY COUNCIL
a. Request from Councilmember Duclos to direct the Planning
Commission to work with staff on preparing possible amendments to
City ordinances that set standards for large, flat screen televisions, the
proliferation of which existing laws does not address. For all food
serving establishments in the commercial zone and for exterior roof
patios in residential areas.
Councilmember Duclos spoke to his request.
Proposed Action: To direct staff to prepare possible amendments to City
ordinances that set standards for large, flat screen televisions, the
proliferation of which existing laws does not address. For all food serving
establishments in the commercial zone and for exterior roof patios in
residential areas.
Motion Duclos, supported by Fishman. The motion failed to garner three
affirmative votes.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, April 9, 2013, at the hour of 9:28 p.m. to the Regular
meeting of Tuesday, April 23, 2013.
Deputy City Clerk
City Council Minutes
04-09-13 Page 13661
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, April 23, 2013, at the hour of 6:34
p.m.
•
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 April 9, 2013.
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.
Initiation of Litigation: Government Code Section 54956.9(d)(4)
Number of Potential Cases: 1
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, April 23, 2013, at the hour of 6:35
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 — Seth Stern
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
were received before adjournment into Closed Session, no items were added to the
agenda, and no reportable actions were taken on any of the agenda items.
ANNOUNCEMENTS — Councilmember Tucker commended California legislators for
passing a new law stating that any underage person caught with alcohol can lose his
or her driver's license for one year. He said the City will be publicizing the new law
in upcoming press releases.
City Council Minutes 04-23-13 Page 13662
•
•
Councilmember Duclos commended the City Manager and staff for improvements
with the monthly reports from the departments, specifically police and fire, and asked
that staff clarify some items in the reports during tonight's meeting.
PRESENTATIONS
PRESENTATION OF THE INNOVATORS, CHAMPIONS
AND ICONOCLASTS AWARD TO THE NOBLE FAMILY
"CHAMPIONS IN EDUCATION"
Mayor Bobko presented the award to the Noble Family for contributions to Noble
Park and more recently to El Camino College. Mrs. Noble thanked the Council for
the recognition and said she hopes to do more for the community in the future.
SISTER CITY AWARD AND STUDENT PRESENTATION
BY GEORGE BARKS, PRESIDENT, UNITED STATES
MEXICO SISTER CITIES ASSOCIATION
Mr. Barks spoke of the Sister City program, now celebrating its 50th anniversary,
submitted brochures/fliers; presented to Mayor Bobko a plaque commemorating the
City's involvement; and commended exchange student/Manhattan Beach 7th grader
Seth Stern for raising $400 from local businesses to buy sporting goods for Loreto
children, citing a proclamation Seth received from the Mayor of Loreto honoring his
good deeds. Seth, who came forward with his mother and brother (former exchange
student Evan), said his Bar Mitzvah had motivated him to do the charity project.
CITY TREASURER'S QUARTERLY INVESTMENT REPORT
This item was continued to a future meeting.
OIL PROJECT STATUS REPORT
FROM TOM BAKALY, CITY MANAGER
Community Development Director Robertson spoke of E&B Natural Resources'
application and the status of the Environmental Impact Report (EIR), for which the
City would soon hire a consultant; said a public scoping meeting would take place in
late June or early July, and responded to Council questions.
City Manager Bakaly spoke of the status of the Request for Proposals (RFP) for the
economic study; said the Health Impact Assessment RFP would likely go out in
June; and gave an update on community dialogue aspects of the project, noting that
the Council will be asked to recommend a facilitator.
PUBLIC PARTICIPATION:
• 1. ORAL AND WRITTEN COMMUNICATIONS
There were no written communications.
City Council Minutes
04-23-13 Page 13663
•
•
Coming forward to address the Council at this time were:
J.D. Wilcox - Hermosa Beach, spoke of the City's restrictive filming permits,
with more than 150 black -out days this year, no exceptions even for
news organizations, and severe punishment for violations; requested
that the Council consider changing the rules;
Mike Collins - Hermosa Beach, spoke of a letter he submitted as a written
communication for this agenda that was rejected by the City Manager
who deemed it was too similar to his previous letter concerning the
E&B proposed oil drilling project;
Hany Fangary - Hermosa Beach, spoke of significant improvement to the
section of the City's website dedicated to the oil project, specifically the
e -newsletter, and the need for transparency and public access to
information about the oil project;
Kevin Sousa - Hermosa Beach, urged the Council to provide leadership on
the oil project issue and asked where each member stood; said the oil
project is incongruous with a green city like Hermosa and expressed
concerns about hazards resulting from drilling;
Barbara Ellman - Hermosa Beach, expressed concern about Council's lack of
a position on the oil issue; asked if the Council would be accountable
in the event of an oil drilling accident/disaster; said the oil settlement
was a mistake for which the Council is not taking responsibility;
Stacey Armato - Hermosa Beach, www.stophermosabeachoil.com, said
citizens want the Council to take a stand on the oil project; proposed
that the Council hold a town hall meeting with residents and E&B
Natural Resources; said the oil issue is dividing the community;
Ken Hartley - Hermosa Beach Chamber of Commerce; submitted a letter and
photographs showing the lack of cleanliness in the downtown area,
including trash and graffiti, noting the lack of cigarette butt receptacles;
Mike Binder - Hermosa Beach, part of the www.stophermosabeachoil.com
group, requested that the Council keep sharing information and
encourage people to come to meetings to speak about the oil project;
Judy Garland - Hermosa Beach, said the Pier/Hermosa intersection traffic
signal does not always work properly, causing frustration to tourists
trying to cross the street; said signs should state it is a four-way walk;
spoke of people riding skateboards and bikes on downtown sidewalks;
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, spoke of his
meeting with the City Manager, Interim Police Chief and Public Works
Director regarding the pending installation downtown of 20 cigarette
butt receptacles at Surfrider's expense; and
Ira Ellman - Hermosa Beach, commended Councilmembers for the ban on
polystyrene, but said they failed the City by settling the oil issue in this
way, noting it was not a level playing field since residents lacked the
financial resources of E&B Natural Resources.
• 2. CONSENT CALENDAR:
City Council Minutes
04-23-13 Page 13664
•
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(g) Fishman, 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 FEBRUARY 12, 2013.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of February 12, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 70083
THROUGH 70237, 88661, 88662, 94031, AND 136425.
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 THE MARCH 2013
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the March 2013 Financial Reports as presented.
(e) RECOMMENDATION TO RECEIVE AND FILE THE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
April 11, 2013.
(f)
(g)
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF MARCH 2013.
Action: To receive and file the action minutes of the Public Works
Commission Meeting of March 20, 2013.
RECOMMENDATION TO APPROVE EXTENDING THE JANITORIAL
SERVICES CONTRACT WITH PROFESSIONAL BUILDING
MAINTENANCE (PBM FACILITY SERVICES) OF CARSON, CALIFORNIA
(PREVIOUSLY DBA S & S MANAGEMENT SERVICES, LLC) FOR A
PERIOD OF 12 MONTHS. Memorandum from Public Works Director Frank
Senteno dated April 15, 2013.
City Council Minutes 04-23-13 Page 13665
• This item was removed from the consent calendar by Councilmember
Fishman for separate discussion later in the meeting.
•
•
Public Works Director Senteno responded to Council questions.
Action: To reject a 12 -month extension of the Janitorial Services Contract
and instead direct staff to re -advertise for bids for City janitorial services.
Motion Fishman, second Tucker. The motion carried, noting the dissenting
votes of Bobko and DiVirgilio.
(h) RECOMMENDATION TO AWARD THE BID FOR THE PURCHASE OF AN
ELECTRONIC PATIENT CARE REPORTING (ePCR) PROGRAM TO
DIGITAL EMS SOLUTIONS, INC. OF DIAMOND BAR, CALIFORNIA FOR
$11,281.50. Memorandum from Fire Chief David Lantzer dated April 16,
2013.
(i)
Action: To award the bid for the purchase of an Electronic Patient Care
Reporting (ePCR) Program to Digital EMS Solutions, Inc. of Diamond Bar,
California for $11,281.50.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF APRIL 15, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Community Development Director Robertson and City Attorney Jenkins
responded to Council questions.
Action: To receive and file the action minutes of the Planning Commission
Meeting of April 15, 2013.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL
PARCEL MAP #71866 FOR A FOUR -UNIT CONDOMINIUM PROJECT AT
726 LOMA DRIVE. Memorandum from Community Development Director
Ken Robertson dated April 15, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6843, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
71866, FOR THE SUBDIVISION OF A FOUR -UNIT CONDOMINIUM,
LOCATED AT 726 LOMA DRIVE, LEGALLY DESCRIBED AS LOTS 2, 3
AND PORTION OF LOT 1, BLOCK E, TRACT NO. 1677 AND LOT 10,
BLOCK V, TRACT NO. 2002, IN THE CITY OF HERMOSA BEACH
CALIFORNIA."
City Council Minutes
04-23-13 Page 13666
•
•
•
At 8:01 p.m., the order of the agenda moved to item 6(a).
3. CONSENT ORDINANCES - None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(g) 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. CONTRACT FOR INTERIM POLICE CHIEF SERVICES. Memorandum from
City Manager Tom Bakaly dated April 17, 2013. Supplemental contract from
staff received April 23, 2013.
City Manager Tom Bakaly presented the staff report and responded to
Council questions.
No one came forward to address the Council on this item.
Action: To approve a contract with Mike McCrary for Interim Police Chief
Services, and direct staff to do everything possible to hire a fully -qualified,
permanent Police Chief by August 1, and to communicate with the Council on
the issue as needed.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
b. AUTHORIZE ICMA INDEPENDENT CONTRACTOR/PROFESSIONAL
SERVICES AGREEMENT. Memorandum from Fire Chief David Lantzer
dated April 15, 2013. Supplemental email from Carolyn Petty received April
23, 2013.
Fire Chief David Lantzer presented the staff report and responded to Council
questions. City Manager Bakaly also responded to Council questions.
Coming forward to address the Council on this item was:
Jim Lissner- Hermosa Beach, expressed concern that if the new Police Chief
comes in at 2%, the City might have a retention problem; suggested
ICMA advise the Council on that issue; said the cost of the report is not
high considering the overall cost of police and fire; asked how much
the nightlife scene costs the City, and if crime resulting from downtown
activities could be tracked on a monthly basis.
City Council Minutes
04-23-13 Page 13667
•
•
•
Action: To approve the staff recommendation to authorize the City Manager
to sign the Contract for Independent Contractor/Professional Services with
the International City/County Management Association (ICMA) for a
comprehensive analysis of Police and Fire/EMS Services in the City and
authorize the expenditure of $75,000 to ICMA for the study, as amended to
ensure that a representative sample of the public (stakeholders) is involved in
the analysis.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
c. AUTHORIZATION OF AGREEMENT FOR VOIP (VOICE OVER INTERNET
PROTOCOL) TELEPHONE SYSTEM AND DATA CABLE UPGRADE.
Memorandum from Finance Director Viki Copeland dated April 8, 2013.
Finance Director Viki Copeland presented the staff report and responded to
Council questions.
Coming forward to address the Council on this item was:
Dennis Vlasich — President/CEO, Kerry Consulting Group, spoke of details
and advantages of Voice Over Internet Protocol (VOIP).
Action: To approve the staff recommendation to:
1) Authorize the City Manager to sign an agreement with Verizon Enterprise
Solutions for installation of a VoIP telephone system, a voice recorder
system for the Police Department, and network cabling upgrade; and
2) Appropriate $260,328 from the Equipment Replacement Fund for the
purchase of the telephone system solution based on their response to the
City's VoIP Telephone System RFP including a $20,000 contingency.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
d. ADOPTION OF MUNICIPAL CODE AMENDMENT, APPROVAL OF
PERMIT TO ALLOW A CAR SHARING PROGRAM, INCLUDING USE OF
METERED AND RESTRICTED PARKING SPACES, AND DESIGNATION
OF FIXED PARKING SPACES. Memorandum from Community
Development Director Ken Robertson dated April 15, 2013. Three
supplemental items received April 23, 2013: a letter from Howard Longacre,
an email from Councilmember Tucker, and an email from Jacki Bacharach.
Community Development Director Robertson responded to Council questions.
City Attorney Jenkins also responded to Council questions.
Walter Rosenkranz, car2go Business Development Manager, gave a
PowerPoint presentation demonstrating how customers find cars in
dedicated car2go parking spaces.
Wally Siembab, South Bay Cities Council of Governments Research Director,
said Redondo Beach had adopted car sharing in principle and Torrance is
voting on May 7.
City Council Minutes 04-23-13 Page 13668
• The meeting recessed at 9:55 p.m.
The meeting reconvened at 10:02 p.m.
Mr. Siembab came forward at the request of Councilmember Duclos to
respond to questions regarding future installation of additional electric vehicle
chargers in the area to accommodate the growing number of such cars.
Mr. Rosenkranz said that while the area's infrastructure will not support an all -
electric vehicle fleet at this time, the advantages of the car2go program to the
City are great.
Coming forward to address the Council on this item were:
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, wanted to
ensure accessibility to the beach for everyone and could not support
anything that hindered access; said it was innovative to use "found"
parking spaces that are too small for regular vehicles; urged the
Council to approve installation of additional charging stations to
encourage greater use of electric vehicles;
Jim Lissner- Hermosa Beach, said taking a leadership position on this issue
would affect Councilmembers' political careers; said parking is a major
issue in town and passage of this ordinance would upset residents;
Julian Katz - Hermosa Beach, said he has changed his position in favor of
car sharing and believes bike sharing can be a complement to the
program; said Hermosa's implementation could encourage other cities
to adopt a similar program; and
Wally Siembab - South Bay Cities Council of Governments Research
Director, said customer service with car2go is very good and concerns
about the program are unwarranted; said the program increases
turnover of parking spaces in the City.
At 10:34 p.m., it was the consensus of the Council to continue past the established
10:30 p.m. end time for meetings.
Action: To approve the staff recommendation to waive full reading and re-
introduce Ordinance No. 13-1338, entitled "AN ORDINANCE OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING ISSUANCE OF
PERMITS FOR CAR SHARING PROGRAMS AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE," with direction to staff to bring back
for Council discussion the issues of permit fees, increased insurance, and
replacing "designated" parking spaces with "preferred" parking spaces.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
Proposed Motion: To establish a subcommittee of Councilmembers and staff
to discuss permit fees, parking locations, franchise fees, and other matters
related to car sharing.
Motion Tucker. The motion died for lack of a second.
At 10:50 p.m., the order of the agenda moved to item 4.
City Council Minutes 04-23-13 Page 13669
• 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
•
•
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, April 23, 2013, at the hour of 10:58 p.m. to the
Regular meeting of Tuesday, May 14, 2013.
Deputy City Clerk
City Council Minutes 04-23-13 Page 13670
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, May 14, 2013, at the hour of 7:00
p.m.
•
•
PLEDGE OF ALLEGIANCE — Beth (no last name given)
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Duclos (1) noted the 40th Anniversary Gala
Celebration on May 3 of 1736 Family Crisis Center, an organization that began in
Hermosa with St. Cross by the Sea Episcopal Church providing emergency shelter
for at -risk youth; (2) announced a Community Garden Open House at 4-6 p.m. on
Memorial Day, with a barbeque and dishes prepared with vegetables grown on-site;
(3) commended Police Officers Josh Droz and Dean Garkow, who will be honored
Thursday, May 30 at 11:00 a.m. at the South Bay Medal of Valor Awards Ceremony;
and (4) recognized longtime Hermosan Joe Cipolla AKA "Singing Joe," for his
military service in Vietnam and his community service as a City crossing guard.
Councilmember Tucker (1) announced the Armed Forces Day Parade in Torrance
Saturday, May 18 at 1:30 p.m.; (2) spoke of Athens Services' mailers to residents for
the selection of new bins (City Manager Bakaly said residents may call the City with
questions or to be connected with Athens directly); (3) asked that tonight's meeting
be adjourned in memory of both Doug Schwartz, father of Hermosa's retired senior
building inspector Charlie Schwartz, and Dave Williams of U.S.A. Beach Volleyball,
noting his tireless promotion of the sport he loved.
Councilmember DiVirgilio (1) praised 1736 Family Crisis Center, noting it was one of
the first organizations in the world to push for legislative changes related to domestic
violence; (2) said the Athens Services mailer inadvertently omitted the 20 -gallon bin
option; and (3) commended 11 -year-old Sebastian Kuhr for raising over $4,000 at
this year's skate-a-thon for Hermosa schools, noting the seven-year event tally of
nearly $20,000.
Mayor Bobko said the City plans to be much more vigilant, with a greater police
presence, over Memorial Day weekend, with more attention paid to the Strand; said
the message will be clear that this year's 4th of July will not be like it was last year.
PRESENTATIONS
PRESENTATION OF THE INNOVATORS,
CHAMPIONS AND ICONOCLASTS AWARD
TO THE WOMAN'S CLUB OF HERMOSA BEACH
"CHAMPIONS IN PHILANTHROPY"
City Council Minutes 05-14-13 Page 13671
•
•
•
Mayor Bobko presented a certificate of recognition to former president Vicki Garcia,
newly installed president Jackie Flaherty, and members Jan Brittain and Kathy
Dunbabin, thanking the organization for giving so much back to the community.
Ms. Garcia extended an invitation to all women of Hermosa to join the club, with
more information at www.womansclubofhermosabeach.orq; said the organization
recently presented a check for $11,000 to Shred Kids' Cancer; and said upcoming
events included a presentation dinner awarding scholarships to four local high
school students and the annual pancake breakfast in October.
PRESENTATION BY BIKE NATION
Derek Fretheim, Chief Operating Officer, spoke of the bike sharing program's recent
implementation in several Southern California cities, likening the self-service aspect
of the program to that of car sharing; explained the different membership options
and benefits of the program; discussed rider safety and sponsorships; and said the
program monitors its contributions to carbon footprint reduction.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Mayor Bobko called forward Girl Scout Troop #395, whose members took turns
speaking in favor of a ban on plastic bags, giving information about the hazards and
problems associated with plastic bags, and encouraging everyone to support a ban.
Coming forward to address the Council at this time were:
Roger Bacon - Hermosa property owner, said Caltrans had installed only two
of the countdown pedestrian signals at Pacific Coast Highway (PCH)
crosswalks, although the project was to have been completed by 2012;
urged parents to contact Caltrans about the current danger to children
crossing PCH to get to school; spoke of inebriated people creating
problems at Ralphs Shopping Center/Greenwood Park, citing a lack of
adequate police presence outside of the downtown;
Sal Longo - owner of two Hermosa Beach homes and Suzy's Bar & Grill,
asked to have the moratorium on full -liquor permits lifted in the hill
section, as Suzy's will soon partner with Ragin' Cajun and remodel to
be more of a dinner club; urged a clean-up of Pier Avenue;
Craig Cadwallader - Surfrider Foundation, applauded the City for approving
the installation of new cigarette butt receptacles before Memorial Day;
spoke of the Girl Scout troop's impressive presentation this evening;
noted a plastic bag ban was passed at last night's Council meeting in
Culver City, and hoped Hermosa would follow suit;
Kevin Sousa - Hermosa Beach, spoke of vague/false information he received
from the City in response to written questions regarding the oil drilling
project; said E&B Natural Resources obtaining a permit after they
bored for samples at the City Yard was putting the cart before the
horse; said the oil drilling project should have gone out to bid;
City Council Minutes 05-14-13 Page 13672
•
•
•
Mike Collins - Hermosa Beach, displayed the Notice of Violation/Order issued
to E&B Natural Resources; said either the City was deceived or is
incompetent; questioned the Council's neutrality; said E&B acts as if oil
drilling is a foregone conclusion; urged the public to fight the project;
Hany Fanqary - Hermosa Beach, urged the Council to investigate how E&B
Natural Resources took soil samples without a permit; spoke of the
need for transparency; said the Athens Services mailer looked like an
advertisement and may have been ignored by some residents, said it
should have been sent by the City instead;
Monique Peltier - Hermosa Beach, addressed block parties, saying permits
should state decibel limits for amplification, misdemeanor citations
should be issued when driveways are blocked by parked cars, and
block party permits should not be issued during times that festivals or
other large events take place in the City;
Steve Collins - Hermosa Cyclery, said trails and points of interest are needed
for a bike sharing plan to work and Hermosa lacks the right kind of
infrastructure to support it; said bike rentals are a better fit and Bike
Nation creates unfair competition for shops like his that rent out bikes;
Jim Lissner - Hermosa Beach, said the Police Department is tracking calls
according to time of day among seven different geographical zones in
the City, noting that the relatively small downtown area accounts for a
high percentage of calls; urged that funding be authorized to extend
the geographic breakdown to other types of Police/Fire service calls;
Erica Graves - Blue Zones Project, congratulated the City for its Living
Streets Policy, adopted in January and recognized in second place by
the National Complete Streets Coalition for walkability and bikeability
improvements; announced a bike -to -lunch ride from City Hall to Good
Stuff Restaurant on National Bike -to -Work Day, Thursday, May 16, and
a free yoga class at 6 p.m. Monday, May 20, on the Redondo Pier;
Julian Katz - Hermosa Beach, showed the award presented to the South Bay
Bike Coalition from the Southern California Association of Governors
on May 2 for the Seven City Bike Master Plan, to be shared by the
seven cities, including Hermosa; recommended a newspaper article in
today's Daily Breeze about cycling;
Allan Mason - Hermosa Beach, expressed anger that residents are forced to
vote on the oil drilling issue, as the City might have prevailed in court;
noted the tragic irony of the "best little beach city" destroying itself with
a dangerous and expensive oil project;
Yassine Imarhri - San Pedro resident and All Yellow Taxi (AYT) franchisee;
said the new AYT contract required numerous expensive permits and
additional vehicles; said refusal to accept the terms has put 50 drivers
with established routes and regular customers out of work; asked the
Council to investigate the matter, even though legal action is pending;
Shirley Pei - All Yellow Taxi Vice President of Marketing/Community Affairs,
said drivers were offered the opportunity to renew their contracts and
those who did not were given a 15 -day notice to renew or terminate;
said the contractual changes were designed to better serve the
communities in which they operate;
City Council Minutes 05-14-13 Page 13673
•
•
•
Victor Garate — All Yellow Taxi General Manager, said the company does not
own the taxis and is not a co-op; said the majority of drivers were okay
with the contract and signed;
Michael Binder — Hermosa Beach, said he saw Councilmember Duclos at the
Earth Day Celebration at Polliwog Park in Manhattan Beach, where he
received an environmental award; asked when Councilmembers would
announce their positions on the oil drilling project;
Alex Berhane — Redondo Beach resident and former AYT driver, said the
contractual requirements have hurt his business, that he is now out of
service for refusing to sign a 28 -day agreement;
Mohamed Matalkah — Lawndale resident and former AYT franchisee, said he
is losing fares without the Hermosa Beach permit through AYT; urged
the Council to conduct an investigation of AYT's contract, as this issue
affects not just the drivers but also the residents of Hermosa Beach;
Stacey Armato — Hermosa Beach, said she just learned that E&B has a
license agreement which is a second amendment and asked that the
original and first amendment be posted to the website; said the City
should not spend money on studies related to the oil drilling project,
even if they would be reimbursed by E&B Natural Resources;
Ron Roebuck — Hermosa Beach, said he opposes E&B Natural Resources'
oil drilling project; urged transparency; said the citizens will fight it;
Ahmad Qudaiesat — said the AYT issue is about greed; said his business has
lost most of its value; said the new requirements will create traffic with
40 cabs operating in Hermosa; urged the Council to investigate; and
Noweeb Kobasian — said the drivers and AYT tried to resolve the problems
themselves but could not; said AYT made it very hard for drivers to
serve Hermosa Beach.
In response to the Public Participation questions by Sal Longo, City Manager Bakaly
explained the City's cap on the number of on -sale alcohol establishments.
(a) Letter from Kevin Sousa dated May 1, 2013 and response from City
Manager Tom Bakaly dated May 1, 2013 regarding proposed oil
production project.
No additional speakers beyond those listed above came forward to address the
Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(b) Letter from Howard Longacre dated May 4, 2013 regarding several
matters in Council's jurisdiction.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
City Council Minutes 05-14-13 Page 13674
• 2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i).
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
CITY CLERK ELAINE DOERFLING REGARDING THE CITY COUNCIL
MINUTES OF THE REGULAR MEETING HELD ON FEBRUARY 26, 2013;
ADJOURNED REGULAR MEETING HELD ON FEBRUARY 28, 2013; AND
REGULAR MEETING HELD ON MARCH 12, 2013.
Action: To receive and file City Clerk's memorandum.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 21383, 70238
THROUGH 70457, 77560, 150966, 159182, 162791, 191311, 195119,
195298, 195850, 196857, 196958, 287991, 293223, AND 450031.
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 ADOPT RESOLUTION APPROVING THE
ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND
STREET LIGHTING DISTRICT 2013-2014 ("DISTRICT") MADE
PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 13-6842
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, 2013 THROUGH JUNE 30, 2014; AND
SETTING JUNE 25, 2013, TO ACCEPT PUBLIC INPUT ON THE MATTER
OF THE PROPOSED ASSESSMENT. Memorandum from Public Works
Director Frank Senteno dated April 29, 2013.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6844, entitled "A RESOLUTION OF THE CITY
COUNCIL
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH
HERMOSA BEACH LANDSCAPING AND LIGHTING DISTRICT 2013-
2014"; and
2) Adopt Resolution No. 13-6845, entitled "A RESOLUTION OF THE CITY
COUNCIL
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
City Council Minutes 05-14-13 Page 13675
•
•
DISTRICT 2013-2014 FOR THE FISCAL YEAR BEGINNING JULY 1,
2013 AND ENDING JUNE 30, 2014, AND APPOINTING A TIME AND
PLACE FOR A PUBLIC HEARING IN RELATION THERETO."
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF MARCH 4, 2013.
(f)
(g)
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission Meeting of March 4, 2013.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF APRIL 2, 2013.
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission Meeting of April 2, 2013.
RECOMMENDATION TO APPROVE SPEED HUMPS ON 1ST STREET
BETWEEN BARNEY COURT AND PROSPECT AVENUE. Memorandum
from Public Works Director Frank Senteno dated April 27, 2013.
Action: To approve the staff recommendation to install speed humps on First
Street between Barney Court and Prospect Avenue.
(h) RECOMMENDATION TO APPROVE THE SPECIAL EVENT APPLICATION
FOR THE "WALK HERMOSA BEACH" SIGN UNVEILING AND CONSIDER
WAIVING $640 IN SPECIAL EVENT FEES. Memorandum from Assistant to
the City Manager Diane Strickfaden dated May 14, 2013.
(i)
Action: To approve the special event application for the "Walk Hermosa
Beach" sign unveiling and consider waiving $640 in special event fees, as
recommended by staff.
RECOMMENDATION TO AUTHORIZE CITY MANAGER TO SIGN THE
SHELTER AGREEMENT WITH THE AMERICAN RED CROSS FOR 710
PIER AVENUE (COMMUNITY CENTER GYM). Memorandum from Fire
Chief David Lantzer dated May 2, 2013.
Action: To approve the staff recommendation to authorize the City Manager
to sign the shelter agreement with the American Red Cross for 710 Pier
Avenue (Community Center Gym).
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION — None
City Council Minutes
05-14-13 Page 13676
•
•
•
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. CITY TREASURER. Memorandum from City Manager Tom Bakaly dated
May 9, 2013. Supplemental information from City Manager Bakaly received
May 14, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions. City Clerk Doerfling and City Attorney Jenkins also responded to
Council questions.
City Treasurer David Cohn noted his accomplishments and acknowledged the
invaluable assistance of Finance Director Copeland and Deputy Treasurer
Ghassemi during his tenure; said the position should be appointed, rather
than elected; and responded to Council questions.
Coming forward to address the Council on this item were:
Steve Collett — Hermosa Beach, said the Treasurer's most important role is to
safeguard City funds; said the position should be independent, not part
of the Finance Department or an outside company; offered his services
as Interim City Treasurer; and
J.R. Reviczky — Hermosa Beach, thanked former City Treasurer Cohn for his
service; said the City Treasurer's responsibilities should be outlined in
the Municipal Code, with stewardship clearly defined; said the position
should continue to be elected, not filled by a City employee.
Proposed Action: To approve the staff recommendation to:
1) Direct staff to return with a resolution to place on the November ballot the
question of whether the Treasurer position should be appointed;
2) Appoint the Finance Director as Interim City Treasurer;
3) Adopt the resolution presented this evening regarding the revised annual
statement of investment policy; and
4) Approve the list of brokers identified by the Treasurer.
Motion Duclos, second Fishman. The motion failed, due to the dissenting
votes of DiVirgilio, Tucker and Mayor Bobko.
Action: To:
1) Direct the Finance Department to perform the City Treasurer functions in
the interim, until the position is filled;
2) Adopt Resolution No. 13-6846, entitled "A RESOLUTION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE
RECEIPT, FILING AND APPROVAL OF THE REVISED ANNUAL
STATEMENT OF INVESTMENT POLICY";
3) Approve the list of brokers identified by the Treasurer; and
4) Direct staff to return within 60 days for Council clarification as to the
Treasurer's role, job description and salary, along with the initiation of
City Council Minutes 05-14-13 Page 13677
•
•
•
proceedings to fill the City Treasurer's unexpired term at the General
Municipal Election of November 5, 2013.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
The meeting recessed at 9:25 p.m.
The meeting reconvened at 9:34 p.m.
b. DISCOVERY ECONOMICS REPORT. Memorandum from City Manager
Tom Bakaly dated May 9, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Bob Wunderlich, Discovery Economics Consultant, presented the report (a
review of pensions and other post -employment employee benefits [OPEB] as
weighed against City financial obligations, including CaIPERS side funds);
explained why the obligations of the City are high relative to most of the other
local cities; acknowledged the assistance he received from Finance Director
Copeland and the City's actuary; and responded to Council questions.
Coming forward to address the Council on this item were:
Carolyn Petty - Hermosa Beach, said the side fund is an unfunded liability;
opposed raising business fees or reducing resident services to fund
the City's multi-million dollar OPEB liability; and
Jim Lissner- Hermosa Beach, requested that the item be brought back at the
next meeting, saying people may not have understood the subject
matter since the title did not include the word "pension."
Action: To direct staff to bring the report back as a Consent Calendar agenda
item at the May 28, 2013, meeting to allow for any additional public comment
and approval.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
At 10:58 p.m., the order of the agenda moved to item 6(e).
c. POLICE CHIEF SALARY. Memorandum from Interim Police Chief
Michael McCrary dated May 7, 2013.
Interim Police Chief McCrary presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
No one came forward to address the Council on this item.
Action: To authorize the City Manager to recruit for the Chief of Police
position at a top salary of $163,008, with a $20,000 signing bonus payable
after two years of employment if outlined objectives are met.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
City Council Minutes
05-14-13 Page 13678
d. SURF LEGENDS MEMORIAL. Memorandum from Public Works Director
IP
Frank Senteno dated April 27, 2013.
•
•
This item was continued to the next meeting on May 28, 2013.
e. CONSIDERATION OF AN ORDINANCE AMENDING VARIOUS
PROVISIONS OF THE MUNICIPAL CODE PERTAINING TO DISABLED
ONSTREET PARKING SPACES, EXEMPTIONS FOR SPECIFIED
MILITARY VETERANS, ADDING PARKING METERS TO GREEN ZONES
AND LOT E, INCREASING ENFORCEMENT UNTIL 2AM, AND
CONSIDERATION OF DEMAND PRICING ON THE METERS.
Memorandum from Public Works Director Frank Senteno and Interim Police
Chief Michael McCrary dated May 9, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions. Lieutenant Tom Thompson and City Attorney Jenkins also
responded to Council questions.
Coming forward to address the Council on this item were:
J.R. Reviczkv — Hermosa Beach, objected to broken meter ticket fines of $53;
said 20% of the 100 inoperable meters each month involve vandalism,
while 80% result from the City not emptying meters frequently enough;
questioned the reliability of pay stations; said smart meters no longer
accept cash keys; said installing meters in Lot E will cause drivers to
park in residential areas or in the CVS parking lot, thus negatively
impacting both businesses and residents;
Kenny Garmoe — Hermosa Beach resident/owner of Hermosa Saloon, said
metered parking in Lot E would cause a hardship for customers (many
of whom are residents) of surrounding businesses; said people who
take a cab home when they have too much to drink will no longer have
the option of leaving their cars parked if meters are installed in Lot E;
Joseph Rabier — Redondo Beach, said he frequents several businesses on
Pacific Coast Highway's west side, which are already disadvantaged
because of on -street parking restrictions and no off-street parking; said
people will patronize businesses elsewhere due to the inconvenience
and cost of metered parking in Lot E; and
Ray Zeroski — Hermosa Saloon employee and former Hermosa resident; said
he did not want to have to pay for parking when he goes to work;
agreed with other speakers that the installation of meters in Lot E will
hurt business.
Action: To delete from the proposed ordinance provisions regarding the
installation of parking meters in Lot E and the prohibition of vehicle parking at
inoperable meters, as follows:
1) Delete Section 3 (inoperable parking meters) and renumber subsequent
sections accordingly;
2) Remove the bullet for Lot E from the new Section 3 (parking meters);
City Council Minutes
05-14-13 Page 13679
•
3) Delete Section 7 (inoperable parking meter signage) and renumber
subsequent section accordingly.
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
Further Action: To:
1) Waive full reading and introduce Ordinance No. 13-1340, entitled "AN
ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ESTABLISHING AN EXEMPTION FROM PAYMENT OF PARKING
METERS FOR SPECIFIED MILITARY VETERANS, CODIFYING THE
PROCESS FOR ESTABLISHING ONSTREET DISABLED PARKING
SPACES, UPDATING PROVISIONS PERTAINING TO PARKING
METERS AND AMENDING THE HERMOSA BEACH MUNICIPAL
CODE," as amended above;
2) Appropriate funds in the amount of $14,200 for the purchase of 26 meters
to add to the Green Zones;
3) Direct staff to come back with a report to implement demand pricing and
propose rate changes.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
City Manager Bakaly said: (1) staff was already considering how to replace
cash keys, possibly with a cash card; and (2) staff would pursue Council's
direction about installing the 24 meters initially proposed for Lot E (at a cost of
$13,100) elsewhere in the City to replace some of the old meters.
At 11:38 p.m., the order of the agenda moved to item 6(g).
f. APPROVE RESOLUTION TO INCREASE BANDIT CAB FINES AND
AMEND TAXI FRANCHISE AGREEMENT TO ADD TAXI VOUCHER
PROGRAM AND STARTER PROGRAM/STAGING RULES. Memorandum
from Interim Police Chief Michael McCrary dated May 7, 2013.
g.
This item was continued to the meeting of June 11, 2013.
ADOPTION OF ORDINANCE TO AMEND THE MUNICIPAL CODE
AUTHORIZING A CAR SHARING PROGRAM AND APPROVAL OF
PERMIT TO ALLOW CAR2GO N.A., LLC TO OPERATE AS A CAR
SHARING PROGRAM INCLUDING USE OF METERED AND RESTRICTED
PARKING SPACES. Memorandum from Community Development Director
Ken Robertson dated May 7, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
Coming forward to address the Council on this item was:
Walter Rosenkranz — car2go Business Development Manager,
thanked staff and the Council for their hard work and consideration of
this ordinance, and responded to Council questions.
City Council Minutes 05-14-13 Page 13680
•
•
Action: To approve the staff recommendation to:
1) Waive full reading and adopt Ordinance No. 13-1338, entitled "AN
ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AUTHORIZING ISSUANCE OF PERMITS FOR CAR SHARING
PROGRAMS AND AMENDING THE HERMOSA BEACH MUNICIPAL
CODE"; and
2) Direct staff to take any other steps required to implement the program
pending the effective date of an ordinance authorizing car sharing
programs.
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
At 11:53 p.m., the order of the agenda moved to item 7(a).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD.
Memorandum from City Manager Tom Bakaly dated May 14, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Denise DiPasquale came forward to introduce herself to the Council.
Action: To accept the nomination and initiate the process to appoint
Ms. Denise DiPasquale to fill the South Bay Workforce Investment Board's
Hermosa Beach Business Private Sector vacancy (Seat 22) for the term of
July 1, 2013 through June 30, 2017.
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
At 11:55 p.m., the order of the agenda moved to item 6(c).
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. VACANCIES -BOARDS AND COMMISSIONS — SCHEDULE APPLICANT
INTERVIEWS FOR EMERGENCY PREPAREDNESS ADVISORY
COMMISSION. Memorandum from City Clerk Elaine Doerfling dated May 8,
2013.
Action: To schedule a meeting for 6:00 p.m. on June 11, 2013, for the
purpose of interviewing applicants for the Emergency Preparedness Advisory
Commission, with appointments to follow at the regular City Council meeting.
Motion Bobko, second Tucker. The motion carried by a unanimous vote.
• 9. OTHER MATTERS - CITY COUNCIL
City Council Minutes
05-14-13 Page 13681
•
•
a. Request from Councilmember Fishman to direct staff to develop a
policy that requires appointed/elected officials not to use home e-mail
addresses but use addresses created by the City.
Councilmember Fishman spoke to his request.
Action: To direct staff to develop a policy that requires appointed/elected
officials to use e-mail addresses created by the City rather than home e-mail
addresses for purposes of transparency.
Motion Fishman, supported by Duclos and Tucker.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned in memory of Doug Schwartz and Dave Williams, on Wednesday,
May 15, 2013, at the hour of 12:05 a.m., to an Adjourned Regular meeting on
Tuesday, May 21, 2013, at 7:00 p.m. for the purpose of conducting a budget
workshop.
Deputy City Clerk
City Council Minutes
05-14-13 Page 13682
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Monday, May 21, 2013, at the hour
of 7:02 p.m.
PLEDGE OF ALLEGIANCE - J.D. Wilcox
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
PUBLIC PARTICIPATION
Coming forward to address the Council at this time was:
Betsy Ryan - Hermosa Beach, said short-term rentals, which are permitted in
Manhattan Beach, attract families and generate business for the City;
said because it involves their homes and belongings, owners are very
careful about selecting renters who will treat their property with care.
(The Budget Workshop items are shown in the order they were discussed and the
numbers do not correspond to those on the agenda.)
1. PRELIMINARY BUDGET REVIEW
• A. OVERVIEW OF BUDGET CHANGES
City Manager Bakaly made a PowerPoint presentation, providing an overview
of changes in the 2013-14 Budget.
STRATEGIC PLAN, LINKAGE TO BUDGET. City Manager Bakaly
discussed the linkage of the FY 2013-14 Budget with the recently adopted
Strategic Plan, which set a value -based vision for 2028, established five-year
goals for 2018, and identified a policy/management agenda with action items
for 2013, noting that more detail would be available in subsequent budgets.
DETERMINATION OF SERVICE LEVELS AND COST. City Manager Bakaly
said the five-year goal to become a "high performing city providing first class
service" required identification of service levels, determination of cost, and
measurements of how well the City performs those services compared to
other cities, noting that the budget includes the service levels identified and
categorized by each department.
REQUESTED/RECOMMENDED PERSONNEL DETAIL. He reviewed the list
of personnel increases requested by departments, noting his approval of just
over one-half of the requests.
• REQUESTED/RECOMMENDED SUPPLEMENTAL ITEM DETAIL. City
Manager Bakaly noted the list of supplemental requests presented.
City Council Minutes
05-21-13 Page 13683
•
B. OVERVIEW OF REVENUE CHANGES
Finance Director Copeland made a PowerPoint presentation, providing an
overview of revenue changes, noting that the City's total revenue exceeds
expenses, primarily due to reductions initiated over the last eight years during
the economic downturn, and said a study was underway to determine the
service level impacts of those cuts. She also provided an overview of
appropriations and capital improvement projects, and said the proposed
budget includes the recommended goal of maintaining a Contingency Fund at
16% of operating expenses (up from of 15%).
FIVE-YEAR FORECAST. Noting a trend of improving financial conditions for
the City, she said the overall five-year forecast is positive, but conservative.
C. CITY COUNCIL BUDGET DISCUSSION/QUESTIONS.
City Council comments/questions of staff included:
• The possibility of multi -city street projects and the use of shared equipment to
improve service levels while reducing costs;
• A breakdown of Tier 1 and Tier 2 employees, showing number of people and
total costs for each;
• Clarification of the cost increase for the City's e -newsletter (page 77) and the
possibility of doing it in-house to save money;
• The reduction of the City Treasurer's salary to be commensurate with that of
the City Councilmembers; and
• The addition of a column on the Capital Improvement Program (CIP) chart
(page 243) identifying projects that are carried over from year to year.
• Clarification of the rate for the After School Shuttle (page 91)
The meeting recessed at 9:00 p.m.
The meeting resumed at 9:05 p.m.
3. SEWER SYSTEM, UPGRADE AND ANNEXATION TO COUNTY
With the consensus of the Council, Mayor Bobko directed that the sewer
discussion be moved to June 11, 2013.
4. POTENTIAL NEW REVENUE SOURCES (not included in the budget)
A. SHORT TERM RENTALS
B. CONVENIENCE FEES (for online services)
C. DEMAND PRICING FOR PARKING
City Council Minutes
05-21-13 Page 13684
Finance Director Copeland said the purpose of this item was to ascertain
Council's interest in having staff report back with information on the three
potential revenue sources listed.
It was the consensus of the City Council to direct staff to report back on all
three items (A, B and C) for consideration at a future meeting.
5. STEAM CLEANING, COST FOR UPGRADE OF SERVICE (not included in
the budget)
Public Works Director Senteno discussed the frequency schedule for steam
cleaning that was presented this evening for review and responded to Council
questions. City Manager Bakaly also responded to Council questions.
Gary Clifford, Athens Services, came forward to clarify information and
respond to Council questions.
It was the consensus of the City Council to go with the proposed upgraded
steam cleaning service levels for a half-year period, with direction to staff to
review, determine and report back at the June 11 meeting on appropriate
frequencies for Pacific Coast Highway and Aviation Boulevard, which were
not increased in the proposal, noting that the Council would revisit the issue
along with funding options during midyear budget review.
6. FINANCIAL POLICIES
There was no specific discussion on this item.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, May 21, 2013, at the hour of 9:30 p.m. to
the Regular Meeting of Tuesday, May 28, 2013.
City Council Minutes 05-21-13 Page 13685
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, May 28, 2013, at the hour of 6:04 p.m.
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 April 23, 2013.
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(1)(a)
a. Name of Case: Hitchcock v. City of Hermosa Beach, et al
United States District Court Case No.: CV12 06570 GAF PLAx
b. Name of Case: McColgan v. City of Hermosa Beach
Los Angeles County Superior Court Case Number: YC068203
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, May 28, 2013, at the hour of 6:05
p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour of 6:55 p.m., the Closed Session
adjourned to the Regular Meeting, which was called to order at 7:02 p.m.
PLEDGE OF ALLEGIANCE — Roger Bacon
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
• received before adjournment into Closed Session, no items added to the agenda,
and no reportable actions taken on any of the agenda items.
City Council Minutes
05-28-13 Page 13686
ANNOUNCEMENTS — Councilmember Duclos: (1) noted the large Fiesta Hermosa
crowd over Memorial Day weekend; (2) recognized Gary Clifford, Athens Services,
for making the May 27 Community Garden Open House a success, along with Gum
Tree and Abigaile's for donating the food; (3) thanked Heal the Bay for choosing
Hermosa from which to announce its annual Beach Report Card on May 23, cited
26th Street as one of seven Los Angeles County beaches on the 2012-2013 honor
roll for excellent water quality with an A+ rating, and said Heal the Bay showcased
the City's 2010 beach infiltration project as part of the announcement.
Councilmember Fishman recognized the South Bay Bicycle Coalition for providing a
bike corral, at no cost during Fiesta Hermosa, to encourage the use of alternative
transportation, noting that more than 4,000 bikes were parked during the event.
Addressing questions raised at the May 14 meeting, Mayor Pro Tern DiVirgilio said
since the oil drilling project will be decided by the voters (tentatively scheduled for
the November 2014 election), and since project details may change as a result of
public discussions, the Council vowed to provide neutral information and host forums
for fair dialogue, deeming it best for the community to not take sides at this time.
Mayor Bobko thanked the Chamber of Commerce for the successful Fiesta Hermosa
over the past weekend; spoke of Memorial Day and the importance of remembering
and acknowledging those who have served and are serving our country.
• PRESENTATIONS
•
CERTIFICATE OF RECOGNITION TO
JOHN KOVAC, M.D. FOR HIS VOLUNTEER SERVICE
AND EQUIPMENT DONATION
TO THE HERMOSA BEACH AMATEUR RADIO ASSOCIATION
Mayor Bobko presented the certificate to Ken Hartley, who accepted on behalf of Dr.
Kovac, along with Phil Kumpis, Vice President of Hermosa Beach Amateur Radio
Association (HBARA). Mr. Hartley read a letter from Dr. Kovac (now living out of the
area) thanking the City and expressing how proud he was to have been a part of the
HBARA's founding group and of the organization's work. Mr. Hartley noted the use
of ham radios during disasters worldwide, including the 2009 fires in Palos Verdes,
and Dr. Kovac's equipment donation that extended the range of the HBARA's radios.
SOUTH BAY WORKFORCE INVESTMENT BOARD
QUARTERLY UPDATE
Denise DiPasquale (1) summarized the South Bay Workforce Investment Board
(SBWIB)'s second quarter efforts to deliver employment and training services; (2)
said SBWIB's Executive Director Jan Vogel had been awarded the organization's
first-ever lifetime achievement award on March 28 by the California Workforce
Association; and (3) spoke of the 13th annual Blueprint for Workplace Success Youth
Job Fair held April 10, with more than 50 employers and 700 jobseekers on hand.
City Council Minutes 05-28-13 Page 13687
•
•
•
PUBLIC PARTICIPATION
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward at this time to address the City Council were:
Gila Katz - PCH/Aviation Improvement Committee member and Economic
Development/Communications subcommittee chair, said committee
members will visit PCH/Aviation corridor business owners for input;
asked that each committee member be given a canvas bag with the
City logo, suggesting that merchants also have them for customers;
Sam Perotti - Hermosa Beach, announced the 10th annual ArtWalk June 8-9
from 10 a.m. to 5 p.m. on the Community Center lawn, featuring high-
quality art, entertainment provided by local youth theatre and dance
groups, and food trucks;
Erica Graves - Blue Zones Project, announced upcoming events to be held in
conjunction with Beach Cities Health District (BCHD): (1) celebration
of National Senior Health and Fitness Day from 8:30 a.m. to 2:30 p.m.
on May 29, for those 65 and older at the Center for Health and Fitness,
with free class demonstrations, refreshments, games and prizes; (2) a
free Zumba class June 3 at 6:30 p.m. at the Redondo Beach Pier; (3)
two walking moai (groups) to kick off concurrently at 9 a.m. on June 8
at Redondo Union/Mira Costa High Schools; (4) a Purpose Workshop
June 13 at 9:30 a.m. - noon in BCHD's Redondo Room, information at
www.bluezonesproiect.com; and (5) Leadership Hermosa's project (to
which Blue Zones donated), "Walk Hermosa," which launches June 1;
Sidra Wieder - Hermosa Beach, asked if the cities of Redondo Beach and
Torrance were aware that pipelines for the proposed oil drilling project
would transverse their cities; questioned the safety of pipelines four
feet below ground and the handling of oil drilling -related emergencies;
Julian Katz - Hermosa Beach, said nearly 4,400 bicycles were parked over
Memorial Day weekend at the bike corral, manned by volunteers from
local bike groups and shops, with many riders indicating they came to
Fiesta Hermosa only because they could bike to the event; noted the
positive environmental impact of more bikes and fewer cars; looked
forward to accommodating 4,000 -plus bikes over Labor Day weekend;
Mark Auville - Hermosa Beach Little League president, thanked the Council
for its support; noted recent improvements to the field and its environs,
including an upgraded scoreboard and remodeled concession stands;
announced the closing ceremonies Sunday, June 2, noon to 1 p.m.;
Chris Miller- said before the Dodgers moved to Los Angeles, Clark Field was
home to a professional baseball team which played the Chicago Cubs
there; said the Historical Society gave a tour of the field to seven third-
grade classes last week; reminded everyone that the museum is free;
Susan Miller - Hermosa Beach, questioned why E&B Natural Resources was
hired to do the Environmental Impact Report (EIR) themselves (Mayor
Bobko clarified that E&B was not conducting the EIR);
Roger Bacon - asked that agenda item 2(h), professional services agreement
for PCH improvements between Anita and Artesia, be held over, noting
City Council Minutes 05-28-13 Page 13688
•
•
•
the lack of preliminary plans; noted Bank of America's loss of business
due to the installation of parking meters, and the return of customers
with the reinstatement of unmetered green parking stalls; and
Jim Lissner - Hermosa Beach, asked that agenda item 2(e), the Discovery
Economics Report, be continued, citing inadequate notice since it did
not include the word "pensions"; said agenda item 6(e), professional
services agreement to conduct a community dialogue process, did not
clearly state the topic, and expressed concern about the $44,000 cost.
(a) Letter from Howard Lonqacre dated May 17, 2013 regarding a request
for clarification of four items regarding the "Oil Drilling" issue.
City Manager Bakaly responded to Council questions. City Attorney Jenkins
also responded to Council questions.
No one came forward to address the Council on this matter.
Proposed Action: To direct staff to respond to the letter.
Motion Duclos, second Tucker. The motion was subsequently withdrawn.
Proposed Action: To defer any remaining discussion of this item to the end
of the meeting, after Municipal Matters.
Motion DiVirgilio, second Mayor Bobko. The motion carried, noting the
dissenting votes of Duclos and Fishman.
At 7:53 p.m., the order of the agenda moved to item 2, the Consent Calendar.
Final Action (after Municipal Matters): To direct staff to report back at the
next meeting (June 11, 2013) with clarification of the oil drilling issues raised
in Mr. Longacre's letter that were not clarified at tonight's meeting.
Motion Bobko, second Tucker. The motion carried with no objections.
At 10:48 p.m., the order of the agenda moved to item 4, items pulled from the
Consent Calendar.
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(h) and (m) 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 FEBRUARY 26, 2013.
Action: To approve as presented the minutes of the Regular meeting of the
City Council held on January 22, 2013.
City Council Minutes 05-28-13 Page 13689
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 68283,
70458 THROUGH 70584, 77158, 77160, 106186, 106215, 190012, 373852,
377635 AND 378167, AND TO APPROVE CANCELLATION OF CHECK
NOS. 70048 AND 70515 AS RECOMMENDED BY THE FINANCE
DIRECTOR.
Action: To ratify the check register as presented and approve the
cancellation of certain checks as recommended by the Finance Director.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
FINANCE DIRECTOR VIKI COPELAND REGARDING THE APRIL 2013
FINANCIAL REPORTS.
Action: To receive and file memorandum from Finance Director Copeland
regarding the April 2013 financial reports.
(e) RECOMMENDATION TO RECEIVE AND FILE DISCOVERY ECONOMICS
REPORT AND STAFF REPORT. Memorandum from City Manager Tom
Bakaly dated May 9, 2013.
(f)
(g)
Action: To receive and file Discovery Economics report and staff report.
RECOMMENDATION TO RECEIVE AND FILE CIP PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
May 9, 2013.
Action: To receive and file the report giving the status (as of April 30, 2013)
of capital improvement projects that are either under design or construction.
RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER
SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine
Doerfling dated May 16, 2013.
Action: To receive and file report of customer service surveys/complaints.
(h) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO STANTEC CONSULTING SERVICES, INC. IN THE
AMOUNT OF $87,828 TO PREPARE PLANS, SPECIFICATIONS, AND
ESTIMATE FOR IMPROVEMENTS TO PACIFIC COAST HIGHWAY
BETWEEN ANITA STREET AND ARTESIA BOULEVARD; AND,
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES
AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from
Public Works Director Frank Senteno dated May 20, 2013.
City Council Minutes 05-28-13 Page 13690
• This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
•
(i)
Public Works Director Senteno and City Manager Bakaly responded to
Council questions.
Action: It was the consensus of the Council to continue this item to the
Regular Meeting of June 11, 2013.
RECOMMENDATION TO REJECT THE BID SUBMITTED BY BUSINESS
SERVICES SOLUTIONS FOR $6349.86; AWARD PURCHASE AND
INSTALLATION OF ONE (1) NEW SHARP LC8OLE857U 80" LCD
MONITOR, AND SUPPORTING A/V INTERFACE EQUIPMENT PER THE
BID SUBMITTED BY MONTROSE, INC. IN THE AMOUNT OF $7,854.46;
AUTHORIZE THE ADDITION OF THE LCD MONITOR AND SUPPORTING
A/V EQUIPMENT 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 20,
2013.
Action: To approve the staff recommendation to:
1) Reject the bid submitted by Business Services Solutions for $6,349.86;
2) Award purchase and installation of one (1) new Sharp LC8OLE857U 80"
LCD monitor, and supporting NV interface equipment per the bid
submitted by Montrose, Inc. in the amount of $7,854.46;
3) Authorize the addition of the LCD monitor and supporting NV equipment
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.
(j) RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING
ADDITIONAL STATE FUNDING FOR LOCAL COASTAL PLANNING.
Memorandum from Community Development Director Ken Robertson dated
May 20, 2013.
Action: To adopt Resolution No. 13-6847, entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
STRONGLY SUPPORTING ADDITIONAL FUNDING FOR THE LOCAL
COASTAL PROGRAM (LCP) PLANNING PROCESS ESTABLISHED BY
THE CALIFORNIA COASTAL ACT."
• (k) RECOMMENDATION TO AUTHORIZE THE CITY TO APPLY FOR
FUNDING WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) THROUGH THEIR SUSTAINABILITY PROGRAM
City Council Minutes 05-28-13 Page 13691
(1)
(m)
TO PLAN FOR THE INSTALLATION OF BIKE CORRALS THROUGHOUT
THE CITY; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE A
LETTER REQUESTING FUNDS. Memorandum from Public Works Director
Frank Senteno dated May 20, 2013.
Action: To approve the staff recommendation to:
1) Authorize the City to apply for funding with the Southern California
Association of Governments (SCAG) through their sustainability program
to plan for the installation of bike corrals throughout the city; and
2) Authorize the City Manager to execute a letter requesting funds.
RECOMMENDATION TO AUTHORIZE THE APPROPRIATION OF COPS
FUNDS TO INSTALL VOTER RADIO RECEIVERS AT THE PARKING
STRUCTURE AT 1301 HERMOSA AVENUE AND USE REPLACEMENT
FUNDS TO REPLACE THE RADIO REPEATER LOCATED AT HERMOSA
VIEW SCHOOL; $87,585 WILL BE SPENT FROM THE COPS FUND AND
$16,046 WILL BE SPENT FROM THE REPLACEMENT FUNDS.
Memorandum from Interim Police Chief Michael McCrary dated May 1, 2013.
Action: To approve staffs recommendation to authorize the appropriation of:
1) COPS Funds in the amount of $87,585 to install voter radio receivers at
the parking structure at 1301 Hermosa Avenue; and
2) Replacement funds in the amount of $16,046 to replace the radio repeater
located at Hermosa View School.
RECOMMENDATION TO APPROVE PROPOSED LEASE AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH AND ARAKELIAN
ENTERPRISES, INC. (DBA ATHENS SERVICES) FOR OFFICE SPACE AT
1035 VALLEY DRIVE. Memorandum from Community Development Director
Ken Robertson dated May 20, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
City Manager Bakaly responded to Council questions.
Action: To approve the proposed lease agreement between the City of
Hermosa Beach and Arakelian Enterprises, Inc. (DBA Athens Services) for
office space at 1035 Valley Drive, as recommended by staff.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF MAY 22, 2013. (Will be
provided as Supplemental Information and made available for review on
Thursday, May 23, 2013.)
Action: To receive and file the action minutes of the Planning Commission
meeting of May 22, 2013.
City Council Minutes 05-28-13 Page 13692
• At 7:55 p.m., the order of the agenda moved to item 6(a).
•
3. CONSENT ORDINANCES
a. ORDINANCE NO. 13-1340 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ESTABLISHING AN EXEMPTION
FROM PAYMENT OF PARKING METERS FOR SPECIFIED MILITARY
VETERANS, CODIFYING THE PROCESS FOR ESTABLISHING
ONSTREET DISABLED PARKING SPACES, UPDATING PROVISIONS
PERTAINING TO PARKING METERS AND AMENDING THE HERMOSA
BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk
Elaine Doerfling dated May 16, 2013.
City Clerk Doerfling presented the ordinance, noting that it was introduced at
the last meeting (May 14, 2013).
City Manager Bakaly and City Attorney Jenkins responded to Council
questions.
Action: It was the consensus of the Council to direct staff to amend the
ordinance by deleting provisions regarding the installation of meters in green
curb zones and to bring the revised ordinance back for Council action.
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(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.
At 10:55 p.m., the order of the agenda moved to Consent Ordinance item 3(a).
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. 2013 ECONOMIC DEVELOPMENT PLAN. Memorandum from City Manager
Tom Bakaly dated May 22, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Coming forward to address the Council on this item were:
Jereme Pitts — Hermosa resident, member of the PCH/Aviation Improvement
Committee's subcommittee, Economic Development/Communications,
and Friends of Hermosa Beach Economic Development, spoke of the
City Council Minutes 05-28-13 Page 13693
unique opportunity for change in Hermosa over the next five years,
with occasions for residents to hear from architects and third -party
community planners; said Hermosa must move forward and the
PCH/Aviation Improvement Committee stands behind the Plan;
Brian Cooley - Hermosa Beach resident and business owner, said the future
of Hermosa is dependent upon having the right mix of people and
businesses; said a City staffer should be hired to help bring in new
business and assist new business owners through the process; and
Cammie Herbert - said Friends of Hermosa Beach Economic Development
subcommittee, of which she is a member, is comprised of parents and
business people, ensuring that various aspects of development are
considered; agreed Hermosa needs the right mix of businesses as well
as a go -to City employee to work with them.
Action: To approve as presented the 2013 Economic Development Plan, as
recommended by staff.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
b. "HERMOSA 2020 AND BEYOND - COMMUNITY DIALOGUE" AND OIL
PRODUCTION PROJECT STATUS. Memorandum from Community
Development Director Ken Robertson dated May 22, 2013. Supplemental
information from Community Development received May 28, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
At the request of City Manager Bakaly, the City's Environmental Consultant
Ed Almanza (1) explained his role in hiring and overseeing the Environmental
Impact Report (EIR) consultant; (2) spoke of efforts to inform the public about
the findings once the EIR is completed, as well as the topics to be covered in
the EIR, e.g., air quality, noise, traffic, visual/biological impacts, public safety;
(3) said the EIR would be easily -accessible and understandable to the public,
prepared in tandem with the health impact assessment and economic impact
study and (4) responded to Council questions.
Coming forward to address the Council on this item were:
Lou Morris - Hermosa Beach, said the community knows there will be many
negative impacts if the project goes forward and doubted the measure
would pass; urged the Council to listen to the people;
Patty Sousa - Hermosa Beach, expressed concern for the health and safety
of the community if voters approve the project; said zero percent risk is
the only acceptable amount; urged citizens to be involved and to stay
informed;
JR Reviczkv - Hermosa Beach, said the City advises residents to patiently
wait until all information is available, while E&B Natural Resources is
poisoning the well by running a major public relations campaign on the
virtues of oil drilling;
City Council Minutes 05-28-13 Page 13694
Chris Miller - said she was born in Hermosa and opposed the E&B Natural
Resources project; said the Tidelands Trust was created to protect the
beaches, coastline and residents, not to covertly sell oil;
Lynn Pope - Hermosa Beach, said the people are trying to have a voice on
the oil drilling issue; questioned the neutrality of the City Council;
Anne Sullivan - Hermosa Beach, spoke of her distrust of oil companies, had
concerns about the fault line offshore and the potential for an oil leak;
asked about the City's potential liability in the event of a disaster;
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, suggested the
July 13 meeting be recorded and publicly available for future reference;
spoke of the Foundation's mission to protect the environment; asked
how much an oil spill would cost the City; said completely transparent
information should be accessible to everyone, including a risk analysis;
Alicia Villarreal - Hermosa Beach, asked that the hearings be moved to the
fall when people are not on vacation; said she was reviewing every
document in this procedural case and demanded the Council make
public their confidentiality agreements that were part of the settlement;
wanted transparency and questioned the decision to settle; and
Michael Keegan - Hermosa Beach resident and former Councilmember, said
Councilmembers should each take a position based upon the findings
of the EIR that was done long ago; asked the Council's opinion about
E&B Natural Resources' failure to secure the boring drilling permit and
why they did not seek other applicants.
Action: To receive and file the report.
Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote.
c. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
RAIMI + ASSOCIATES TO PREPARE AN INTEGRATED GENERAL PLAN
UPDATE AND COASTAL LAND USE PLAN FOCUSED ON
SUSTAINABILITY AND A LOW CARBON FUTURE AND
ENVIRONMENTAL IMPACT REPORT AND DIRECT THE CITY MANAGER
TO EXECUTE STRATEGIC GROWTH COUNCIL GRANT AGREEMENT.
Memorandum from Community Development Director Ken Robertson dated
May 20, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Alicia Villarreal - Hermosa Beach, asked that public hearings be held in the
spring and fall when more residents are around to participate;
Michael Keegan - Hermosa Beach, expressed concern about spending so
much money on planning issues when Ardmore Avenue needs fixing;
said General Plan work is great for consultants, of which the City
already has too many, but is generally a waste of limited tax dollars,
noting that Hermosa is pretty well built -out; and
City Council Minutes 05-28-13 Page 13695
Dency Nelson — Hermosa Beach, said this grant money was specifically
earmarked for the City's carbon neutral goals, but he could not locate
where this was addressed in the report.
Action: To approve the staff recommendation to:
(1) Approve a Professional Services Agreement with Raimi + Associates to
prepare an Integrated General Plan Update integrating the Coastal Land
Use Plan and an Environmental Impact Report; and
(2) Direct the City Manager to execute the Strategic Growth Council Grant
Agreement.
Motion Fishman, second Duclos. The motion carried by a unanimous vote.
The meeting recessed at 9:45 p.m.
The meeting reconvened at 9:55 p.m., at which time the order of the agenda moved
to item 6(f).
d. REVIEW OF OPTIONS FOR LOCAL COASTAL PLAN: UPDATE/BEACH
MANAGEMENT PLAN. Memorandum from Community Development
Director Ken Robertson dated May 20, 2103.
Community Development Director Robertson presented the staff report and
responded to Council questions.
Coming forward to address the Council on this item were:
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, strongly urged
accelerated adoption of the Local Coastal Plan; said some events in
Hermosa, notably those requiring paid admission, deny public access
to the beach, which the Surfrider Foundation opposes;
Dency Nelson — Hermosa Beach, also strongly urged accelerated approval of
the Plan; reiterated his concern that the City's goal of carbon neutrality
had not been included in the RAIMI + Associates Agreement; and
Anne Sullivan — Hermosa Beach, said the beach is owned by the citizens and
there once existed conditions prohibiting businesses, advertising and
large vehicles on it; said the desire to make money is ruining the City
and expressed concern about rampant commercialization.
Action: To approve the staff recommendation to:
(1) Direct that to the maximum extent possible an Implementation Plan should
be prepared concurrently with the Coastal Land Use Plan/General Plan
Update to minimize delay in Local Coastal Program certification following
adoption of the updated Plan; and
(2) Direct staff to return with an easy -to -understand Beach Management Plan
once the Local Coastal Plan is completed.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
e. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CZB TO
CONDUCT A COMMUNITY DIALOGUE PROCESS AND APPROPRIATION
OF AN ADDITIONAL $44,807 FOR THE PROCESS. Memorandum from
City Council Minutes 05-28-13 Page 13696
Community Development Director Ken Robertson dated May 20, 2013.
Supplemental information from Community Development received May 28,
2013.
Community Director Robertson presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
Coming forward to address the Council on this item was:
Jeff Cohn - Hermosa Beach, said the community dialogue should take place
in September as more residents are around then; called for additional
detail to the oil project section of the website for greater transparency.
Action: To approve a Professional Services Agreement with czb to conduct
a Community Dialogue Process and appropriate $44,807 from Prospective
Expenditures to fund the process, as recommended by staff.
Motion Fishman, second Duclos. The motion carried by a unanimous vote.
At 10:36 p.m., the order of the agenda moved to item 1(a).
f. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MARINE
RESEARCH SPECIALISTS TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR THE OIL PRODUCTION PROJECT PROPOSED BY E&B
NATURAL RESOURCES NATURAL RESOURCES MANAGEMENT CORP.
Memorandum from Community Development Director Ken Robertson dated
May 21, 2013.
Ed Almanza, the City's Environmental Consultant, presented the staff report
and responded to Council questions.
Coming forward to address the Council on this item were:
Dennis (last name indistinct) - said E&B Natural Resources' failure to obtain
a boring permit is a poor reflection on their experience in oil extraction;
Alicia Villarreal - Hermosa Beach, asked if a risk assessment would be
performed; also asked if due diligence was done in selecting E&B
Natural Resources, as far as whether they had successfully carried out
this type of work in the past;
Chris Miller - said she heard the State Lands Commission is a development
agency whose primary job is to exploit natural resources to benefit the
state; asked if the agency had influenced the City's consultant -hiring
choices, noting the City's need to be independent in this matter;
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, noted his low
opinion of the State Lands Commission; hoped the California Coastal
Commission would produce a report Hermosans can rely on; and
Mike Finch - E&B Natural Resources Vice President of Health, Safety and
Environment/Project Manager for the Hermosa Oil Recovery Project,
said the company with whom they subcontracted to perform the May 7
sampling project had neglected to pull the permit; apologized to the
Council and Hermosa residents for the incident; invited residents to
City Council Minutes 05-28-13 Page 13697
E&B's office at 205 Pier Avenue and thanked those who have already
• asked questions about the project.
Action: To approve a Professional Services Agreement with Marine
Research Specialists (MRS) to prepare an Environmental Impact Report and
provide related services for the oil production project proposed by E&B
Natural Resources Management Corp., as recommended by staff.
Motion Fishman, second Tucker. The motion carried by a unanimous vote.
At 10:10 p.m., the order of the agenda moved to items 6(d) and 6(e).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, May 28, 2013, at the hour of 11:00 p.m. to a Special
Meeting on Wednesday, May 29, 2013, at 7:00 p.m., for the purpose of conducting a
joint meeting with the Hermosa Beach City School District Board of Trustees.
•
City Clerk
•
Deputy City Clerk
City Council Minutes
05-28-13 Page 13698
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Wednesday, May 29, 2013, at the
hour of 7:04 p.m.
•
•
PLEDGE OF ALLEGIANCE — All
ROLL CALL:
Hermosa Beach City Council:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
Hermosa Beach School District Board of Trustees:
Present: Ackerman, Burns, Claypoole, President Beste
Absent: Waters
Also present were City Manager Bakaly, City Attorney Jenkins, Superintendent
Escalante, and members of the Facilities Commission.
INTRODUCTIONS: City Council/School Board members introduced themselves.
PUBLIC PARTICIPATION:
Coming forward at this time were:
Mark (no last name given) — Hermosa Beach, thanked members of the City
Council and the School Board for their service to the community and
Mayor Bobko for his past Air Force service; disputed unjust criticism he
read in a local publication against Mayor Bobko, and
Cammie Herbert — Hermosa Beach, said the week of May 13 was Staff
Appreciation Week in Hermosa Beach City School District (HBCSD);
noting this year's special recognition of Hermosa's crossing guards,
many of whom have served the community for several years; said they
were given gift cards in appreciation of their exceptional work.
REPORT
Superintendent's Report on the Governor's Proposed State School Finance
Superintendent Escalante spoke of Governor Jerry Brown's proposed Local Control
Funding Formula (LCFF), saying it would provide flexibility for school boards to
decide the best way to spend monies they receive. She also said the new formula is
streamlined, transparent and equitable, with a redistribution of any leftover monies
going to districts with students in need. She added that the LCFF would bring
$235,000 into Hermosa schools over two years, and noted that the proposal goes
before the Governor as part of the final State budget on June 15. She vowed that
the HBCSD would continue to be fiscally responsible regardless of the outcome.
City Council Minutes
05-29-13 Page 13699
Councilmember Tucker proposed that the City send a letter to the Governor in
• support of LCFF. Mayor Bobko asked that City Manager Bakaly draft a letter.
Superintendent Escalante expressed appreciation for the Council's support.
•
DISCUSSION/POSSIBLE ACTION:
• HBCSD & CITY OF HERMOSA BEACH SAFE SCHOOLS AUDIT
Superintendent Escalante said the HBCSD, along with City police/fire personnel,
recently performed a school safety analysis, resulting in numerous improvements
involving gates, signage and staff identification badges, and other planned changes
such as enhanced Wi-Fi and the installation of surveillance cameras. Noting Sandy
Hook Advisory Commission findings, she said they plan to implement many of those
recommendations. She said training of all school staff is the most effective way to
thwart an active shooter threat, and noted upcoming drills.
City Manager Bakaly spoke of his recent tour of Valley School, where his son is an
8th grader, and of City budget monies earmarked for safety -training in local schools.
Fire Chief Lantzer said security and safety must be balanced, with a means of quick
escape from a classroom while maintaining compliance with fire codes, and noted
the special triage training the fire department will receive over the summer.
Police Captain Johnson spoke of planned department safety drills and cooperation
among South Bay police and fire departments in the event of a disaster or tragedy,
and the possible use of lifeguards to direct traffic and administer first aid, if needed.
Coming forward to speak at this time were:
Mark (no last name given) — Hermosa Beach, spoke of creating "safe rooms"
with secured windows in classrooms; asked what was being done to
prevent intruders at the schools; said safer schools would attract more
families to Hermosa; commended the School Board and the City
Council for their hard work; expressed his desire to help and be part of
the solution;
Carolyn Petty — Hermosa Beach, said more information should be provided
on school safety issues and dealing with active shooter situations, and
more guidance should be given to parents of the students so they can
offer reinforcement at home with their children;
(Name not given) — Hermosa Beach, said children need to go to a safe place
before the City's first responders arrive; commended the work of the
HBCSD; spoke of closing parking lot gates, securing perimeters, and
buzzing in visitors; and
Doug Gneiser — Hermosa Beach, said teachers must be trained to move
children to safety, with knowledge of alternate routes, and students
must be taught to follow teachers' orders during emergencies; said
options should be clear and simple so both teachers and students can
react quickly.
City Council Minutes 05-29-13 Page 13700
Comments/suggestions from City Council/School Board/staff members included:
o Training teachers to move students to a safe place, since they are the true first
responders in active shooter scenarios, which happens quickly;
o The use of generators to aid with communication during school emergencies or if
schools are used to shelter those who may be displaced because of a disaster;
o An analysis of fencing and landscaping at schools to ensure both are at heights
recommended to deter intruders;
o Implementation of Geographic Information Systems in all City police/fire vehicles;
o Lessons learned from a recent Manhattan Beach school lockdown include the
need for teacher training, cell phones, water, food and portable toilets;
o Communication between the school offices and the classrooms;
o Parents participating by stressing to their children the need to listen to their
teachers, especially during an emergency;
o A room -by -room classroom audit and possibly hiring a third -party consultant;
o Training teachers' aides and the need for enhanced counseling staff;
o A prioritization of the District's safety needs, along with funding options to fulfill
those needs; and
o Gathering teacher input and providing teacher and student training, with the aim
of projecting a "vigilant but welcoming" stance.
• DISTRICT FACILITIES
School Board Member Burns gave a PowerPoint presentation on the state of the
HBCSD facilities, which included a historical perspective. He said current enrollment
matches that of 50 years ago, but the HBCSD is now operating two schools instead
of six. He said the HBCSD has been creative with utilization of available facilities,
including repurposing of rooms and purchasing used modular classrooms, but those
are not Tong -term solutions. He then invited members of the Facilities Commission
forward to be recognized. He also spoke of utilization of North School as an option.
Comments/suggestions from City Council/School Board/staff members included:
o The possibility of retrofitting the brick buildings of old North School rather than
building a new facility which could take a few years to complete; and
o Consideration by HBCSD of a partnership with Our Lady of Guadalupe Church
for school space along with a safety assessment of the site.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Wednesday, May 29, 2013, at the hour of 9:34 p.m.,
to an Adjourned Regular Meeting on June 11, 2013, scheduled to begin at 5:00 p.m.
City Clerk
Deputy City Clerk
City Council Minutes 05-29-13 Page 13701
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Tuesday, June 11, 2013, at the
hour of 5:02 p.m.
•
•
PLEDGE OF ALLEGIANCE - Peter Hoffman
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time was:
Jim Lissner - Hermosa Beach, noted there was no mention in the documents
about additional restrooms; said a lack of public restrooms does not
equate to first-class service.
1. STUDY SESSION TO PROVIDE DIRECTION ON STRATEGIC PLAN FOR
ECONOMIC DEVELOPMENT: CIVIC CENTER COMPLEX / DOWNTOWN
OPPORTUNITY SITES. Memorandum from Community Development
Director Ken Robertson dated June 6, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
Boris Dramov, Roma Design Group, gave a PowerPoint presentation on the
issues and findings to date related to a Strategic Plan for the Economic
Development of Civic Center Complex/Downtown Opportunity Sites, which
the firm was hired to prepare; presented background information, a review of
the analysis and various options; Civic Center options included relocating the
Library to the Community Center site and upgrading/expanding the City Hall/
Fire Station/Police Station complex on the existing site; Downtown economic
development options included improving Hermosa Avenue, and rescaling Pier
Plaza to make it a more attractive and functional gathering place for groups of
all sizes and residents of all ages.
Coming forward to address the Council on this item were:
Dean Nota - Hermosa Beach, cited the 1992 R/UDAT study of the downtown
area; said parking is key to a more vibrant downtown and spoke of the
need for an offsite parking plan, in both the downtown and a remote
location like the Community Center site, to support and preserve the
village -type businesses on small parcels; said taller buildings like the
Bijou create more design opportunities for quality development;
Sam Perrotti - Hermosa Beach, suggested further study of the diagonal
parking concept on Hermosa Avenue as well as extending the planting
of palm trees west of Beach Drive;
City Council Minutes 06-11-13 Page 13702
•
•
•
Albro Lundy — Hermosa business owner, concurred with the suggestion to
consider increasing the height limit in the downtown to bring in quality
development;
Stuart Cushman — Hermosa Beach, said the Community Center offers many
creative opportunities to explore and consider beyond relocating the
Library to the site;
George Schmeltzer — Hermosa Beach, spoke of the City's purchase of the
Community Center site in the 1980s from the School District; said
excavating (and later replacing) the tennis courts to construct a parking
lot below would not affect the deed restriction; supported exploring
parking options, but did not favor increasing building heights; and
Janice Yates — Hermosa Beach, said Marineland Mobile Home Park residents
were open to suggestions about having parking on their quarter -acre of
open space on the sand dune.
City Attorney Jenkins clarified that the Community Center deed restricts the
property to community purposes and incidental uses, noting that parking is a
permitted use and the Library would qualify as a community purpose.
Coming forward at the request of Mayor Bobko to address the benefits to the
community of wider sidewalks were: (1) architect Dean Nota said the extra
width creates more space for pedestrian activities; and (2) college professor
Peter Hoffman spoke of traffic calming, noting that reducing vehicular speed
makes walking more comfortable for children, families and all pedestrians.
Comments/suggestions by City Councilmembers included the following:
o Focus more on walking and bicycling with wider sidewalks and bike lanes;
o Maintain preservation of the City's historical heritage;
o Consider diagonal parking on Hermosa Avenue;
o Look at partnering with businesses to provide parking;
o Consider a permanent bike corral in the downtown area;
o Include public restrooms;
o Need for a diversification of businesses — how to attract them;
o Need a central theme with signage;
o Concentrate first on the downtown and look at the Civic Center later;
o Make beach -front properties the number one priority;
o Explore constructing parking under the tennis courts;
o Identify/consider all Community Center options before deciding on whether or
not to relocate the Library to the site;
o Present value differences between 10 -foot and 13 -foot ceiling heights during
discussions to increase the height limit to 45 feet (would require a vote of the
people) for quality development downtown; also consider view impacts;
o Expand on the lessons of Upper Pier to make the downtown more walkable
and create more livable spaces in a village atmosphere;
o Consider a small park -like proposal within the Civic Center site;
o Make City Hall and the Council Chambers as transparent as possible; and
o Police and Fire buildings are old/outdated, need replacement, and should be
the driver for what is done with the Civic Center.
City Council Minutes 06-11-13 Page 13703
The meeting recessed at 6:40 p.m.
The meeting reconvened at 6:45 p.m.
2. PACIFIC COAST HIGHWAY / AVIATION BOULEVARD CORRIDOR
BEAUTIFICATION CONCEPT PLAN UPDATE. Memorandum from Public
Works Director Frank Senteno dated June 3, 2013.
Due to time constraints, Mayor Bobko asked that staff forego reporting on the
item and requested that members of the public who wished to speak on this
item come forward under Public Participation during the regular meeting,
scheduled to begin at 7:00 p.m.
Design Team consultant and landscape architect Sharn Ure, Katherine Spitz
Associates, made a PowerPoint presentation on the scope of work and the
concept plan update, which included medians with plantings, safe crosswalks,
bus shelters, and identifiable streetscape elements with monument/gateway
signage and banners; spoke of extensive site research, collaborations with
Caltrans, and the possibility of a $4.5 million grant from Metro.
Public Works Director Senteno and City Manager Bakaly responded to
Council questions, agreeing to schedule another meeting for a more thorough
review of the concept plan.
410 ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, June 11, 2013, at the hour of 6:59 p.m. to
the Regular meeting of the same date, scheduled to being at 7:00 p.m.
•
City Council Minutes
06-11-13 Page 13704
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held Tuesday, June 11, 2013, at the hour of 7:15 p.m.
•
PLEDGE OF ALLEGIANCE — Pat Love
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Duclos addressed issues raised at the last
meeting about the Council's role in the Macpherson settlement, saying the Council is
committed to complying with its terms, generating community dialogue and
presenting facts, such as an independent Environmental Impact Report (EIR). He
pledged to remain diligent and fair, adding that neutrality does not mean non -
participation. He then said the Council should not be a proxy source for biased
information, but rather a platform for E&B Natural Resources to fairly make its case
while ensuring no questions go unanswered.
Councilmember Fishman announced that he will not seek re-election in November,
saying he is taking a two-year sabbatical to travel and live in other cities after 31
-years of government service. He expressed pride in the accomplishments of the
Council during his tenure, including the Strategic Plan, adding that he may run again
for a Council seat in two years and remains committed to the community.
Councilmember Tucker echoed Councilmember Duclos' statements about the
Council's role in the Macpherson settlement, pledging to remain open-minded during
the fact-finding process and to share available information with residents, noting that
voters will ultimately decide the matter, and urging citizens to vote on the facts.
Mayor pro tem DiVirgilio thanked Councilmember Duclos for his eloquence.
PRESENTATIONS
CHAMPIONS, ICONOCLASTS AND INNOVATORS AWARD
DOROTHY COURTNEY
"CHAMPION OF PHILANTHROPY"
Mayor Bobko presented the "Champion of Philanthropy" award to Ms. Courtney, with
appreciation for all of her efforts.
Dorothy Courtney thanked the City Council and said the Richstone Family Center
deserves this award for its work in the community. Noting the upcoming 26th annual
Pier -to -Pier Walkathon, which raises money for the organization, she suggested that
the Council challenge Manhattan Beach's City Council in the walkathon event.
City Council Minutes
06-11-13 Page 13705
•
•
•
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
George Barks - Hermosa property owner/Redondo Beach resident/chairman
of the Aesthetics Subcommittee of the PCH/Aviation Committee, spoke
in support of the PCH/Aviation Corridor Beautification Conceptual Plan;
said he welcomed the opportunity for a more detailed discussion;
Steve Francis - Hermosa Beach resident/Pinkie's BBQ owner/PCH/Aviation
Improvement Committee member, said Pacific Coast Highway (PCH)
business owners have a vested interest in the corridor improvements;
urged the Council to allow the Plan to move forward;
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, spoke of the
organization's donation of 20 stainless steel cigarette butt receptacles
to the City; noting that Hermosa is the first South Bay city to participate
in the program, he encouraged use of the receptacles;
Dean Nota - Hermosa Beach, member of the Aesthetics Subcommittee of the
PCH/Aviation Committee, spoke in support of the Conceptual Plan and
urged the Council to move the project along;
Roger Bacon - Hermosa property owner spoke of the need for bright street
lights along PCH; spoke in opposition to parking meters in green
zones; opposed adding lanes as part of the Conceptual Plan;
Hany Fangary - Hermosa Beach, spoke in support of the Conceptual Plan;
expressed concern about the lack of a permanent Police Chief; spoke
of decreased property values in Hermosa, unlike in Manhattan and
Redondo, likely due to the stigma of the oil drilling project;
Barbara Ellman - Hermosa Beach, said limiting speakers to three minutes
and reminding them to avoid repetitive comments creates an unfriendly
atmosphere, discouraging citizens from attending meetings; opposed
rolling agenda items regardless of the hour;
Yassine Imarhri - San Pedro, said taxi drivers were told at the last meeting
that their item would be on tonight's agenda but it is not; requested a
meeting, as the three-minute time -limit does not allow enough time to
explain the situation (City Manager Bakaly said he would review the
franchise agreement and then meet with the drivers);
Sal Longo - owner of two Hermosa homes and Suzy's Bar & Grill, said no
liquor sales east of PCH is tantamount to a monopoly; objected to his
business license fee increase since no improvements have occurred;
said he did not receive a full refund on his liquor license application;
Shirley Pei - All Yellow Taxi (AYT), said the complaining taxi drivers are
independent contractors who chose not to sign the agreements and
have filed a lawsuit against AYT;
Joel Shapiro - Hermosa Beach, praised the Police and School District; urged
the placement of cameras in the vicinity of the hill behind Valley School
to discourage people from hanging out there; said he was willing to pay
higher taxes for an improved police station to eliminate the potential for
tampering with police cars (not in use) parked on the street;
City Council Minutes 06-11-13 Page 13706
•
•
Phil Friedl - Hermosa Beach, thanked Councilmember Duclos for clarifying
the difference between neutrality and silence; commended Al Berhane
and asked the Council to look into the All Yellow Taxi problem, saying
the conflict is a City matter due to the negative impact on traffic;
Allan Mason - Hermosa Beach, said the Council's lack of a stance on the oil
drilling project is viewed as suspicious by residents; said E&B Natural
Resources has not been truthful about past spills and a bankruptcy;
Victor Garate - All Yellow Taxi, said there are still 40 taxis in their fleet
serving Hermosa and clarified that their franchisees do not service just
Hermosa Beach;
Alex Berhane - former AYT franchisee, spoke of his dissatisfaction with the
contract terms, saying both drivers and South Bay residents are
negatively impacted because of it;
Stacey Armato - Hermosa Beach, said the community dialogue is not the
appropriate forum for discussing the oil drilling project since no EIR nor
other reports are yet available; said E&B Natural Resources should not
have their own special room at the meeting; and
Mike Collins - Hermosa Beach, spoke of misleading information on E&B's
website; showed an aerial view of the proposed oil drilling site, noting
approximately 1,000 homes in the vicinity of the "light industrial area."
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(e), (f), (g) and (i) Tucker; and
2(h) DiVirgilio.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
At 8:17 p.m., the order of the agenda moved to Public Hearing item 5(a).
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Adjourned Regular meeting held on February 28, 2013; and
2) Regular meeting held on March 12, 2013.
Action: To approve as presented the City Council minutes of the Adjourned
Regular meeting of February 28, 2013 and the Regular meeting of March 12,
2013.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 70585
THROUGH 70714, AND NOS. 205403, 253171, AND 260680.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
• AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
City Council Minutes 06-11-13 Page 13707
(d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2013
• FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
•
•
Action: To receive and file the April 2013 financial reports.
(e) RECOMMENDATION TO ACCEPT DONATION OF $1,209 FROM FRIENDS
OF THE PARKS TO BE USED FOR A FIRE ENGINE FOR PARKS
PLAYGROUND. Memorandum from Finance Director Viki Copeland dated
May 30, 2013.
(0l
(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 donation:
- $1,209 from Friends of the Parks to be used for a fire engine for
parks playground.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO APPROVE THE CONTROLLED SUBSTANCES
SUPPLY FOR PARAMEDIC PROVIDER AGENCIES AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF
HERMOSA BEACH AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT. Memorandum from Fire Chief David Lantzer dated June
3, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Approve the Controlled Substances Supply for Paramedic Provider
Agencies Agreement between the County of Los Angeles and the City of
Hermosa Beach; and
2) Authorize the City Manager to execute the agreement.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO AUTHORIZE STAFF TO ISSUE A CONTRACT
CHANGE ORDER TO SOUTHWEST PIPELINE AND TRENCHLESS CO.
TO PERFORM ADDITIONAL SEWER REPAIRS PRIOR TO ADDITIONAL
STREET REHABILITATION (CIP 12-127) IN THE AMOUNT OF
$372,331.50; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET.
Memorandum from Public Works Director Frank Senteno dated June 4, 2013.
Supplemental memorandum from Director Senteno received June 11, 2013.
City Council Minutes 06-11-13 Page 13708
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Authorize staff to issue a Contract Change Order to Southwest Pipeline
and Trenchless Co. to perform additional sewer repairs prior to additional
street rehabilitation (CIP 12-127) in the amount of $372,331.50; and
2) Authorize the Director of Public Works to make changes as necessary
within the project budget.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(h) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO STANTEC CONSULTING SERVICES INC. IN THE
AMOUNT OF $87,828 TO PREPARE PLANS, SPECIFICATIONS AND
ESTIMATE FOR IMPROVEMENTS TO PACIFIC COAST HIGHWAY
BETWEEN ANITA STREET AND ARTESIA BOULEVARD; AND,
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES
AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from
Public Works Director Frank Senteno dated May 20, 2013. Supplemental
letter from Roger Bacon received June 11, 2013.
(i)
This item was removed from the consent calendar by Mayor pro tem DiVirgilio
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Award the Professional Services Agreement to Stantec Consulting
Services, Inc. in the amount of $87,828 to prepare plans, specifications,
and estimate for improvements to Pacific Coast Highway between Anita
Street and Artesia Boulevard; and
2) Authorize the Director of Public Works to make changes as necessary
within the approved budget.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
RECOMMENDATION TO AUTHORIZE STAFF TO ISSUE A CONTRACT
CHANGE ORDER TO COPP CONTRACTING, INC. TO ADDRESS
OUTSTANDING FY 12-13 STREET SEGMENTS IN THE AMOUNT OF
$190,545.44; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
MAKE CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET.
Memorandum from Public Works Director Frank Senteno dated June 4, 2013.
Supplemental memorandum from Director Senteno received June 11, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Authorize staff to issue a Contract Change Order to Copp Contracting, Inc.
to address outstanding FY 12-13 street segments in the amount of
$190,545.44; and
City Council Minutes 06-11-13 Page 13709
•
2) Authorize the Director of Public Works to make changes as necessary
within the project budget.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(j) RECOMMENDATION TO APPROVE THE SPECIAL EVENT APPLICATION
FOR THE HOPE FOR LOS ANGELES BONE MARROW DRIVE AND
CONSIDER WAIVING THE $500 SPECIAL EVENT APPLICATION FEE.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
June 11,2013.
Action: To approve the staff recommendation to:
1) Approve the special event application for the Hope for Los Angeles Bone
Marrow Drive; and
2) Waive the $500 special event application fee.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(e), (f), (g), (h) and (i) were heard at this time but are shown in order
for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
At 12:33 a.m., the order of the agenda moved to item 8(a).
5. PUBLIC HEARINGS
a. ADOPTION OF 2013-14 BUDGET. Memorandum (Item #5a(5)) from Finance
Director Viki Copeland dated May 22, 2013.
1. FIVE YEAR FORECAST
2. FINANCIAL POLICIES
3. SEWER SYSTEM UPGRADE AND ANNEXATION TO COUNTY
4. STEAM CLEANING, COST OF ADDING PCH/AVIATION
5. ADOPTION OF BUDGET
6. APPROPRIATION LIMIT
Finance Director Copeland presented the staff report and responded to
Council questions. City Manager Bakaly and Public Works Director Senteno
also responded to Council questions.
The public hearing opened at 8:46 p.m. Coming forward to address the Council on
this item were:
Pat Love — Hermosa Beach, said the City is overpaying for its e -newsletter
and volunteered to do it herself for half the money;
City Council Minutes 06-11-13 Page 13710
•
George Barks — Redondo Beach, suggested that the City consider including a
sewer fee on property tax bills as is done in Redondo; asked if funds
would be approved for the PCH/Aviation Conceptual Plan (Mayor pro
tern DiVirgilio said the project must be presented in more detail before
it can be approved by the Council); and
JR Reviczky — Hermosa Beach, thanked Councilmember Fishman for
bringing up potential additional fees if the County takes over the City's
sewer system; expressed concerns about the County's response in the
event of a spill, and of possible fines to the City for such incidents.
The public hearing closed at 8:50 p.m.
The Council separately discussed and acted on the following items:
1) Action: To approve the Five -Year Forecast for FY 2014-15 through 2018-19.
Motion Fishman, second DiVirgilio. The motion carried by a unanimous vote.
2) Action: To approve the Financial Policies as presented.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
3) Action: To receive and file the summary and opinion of probable cost of the
sewer system upgrade and annexation to the County, with direction to staff to
return with funding alternatives, including a bond measure.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
4) Proposed Action: To maintain the current steam cleaning services and
direct staff to bring back, for further discussion at a later date, the enhanced
schedule for steam -cleaning that was presented this evening.
Motion Duclos, second Fishman. The motion was suspended pending the
vote on the following substitute motion.
Proposed Substitute Action: To authorize the revised frequency schedule
for steam cleaning for a six-month period, with a report back from staff and a
discussion with merchants as to their sharing the costs of enhanced cleaning.
Motion DiVirgilio, second Mayor Bobko. The motion failed, due to the
dissenting votes of Duclos, Fishman and Tucker.
Action: The main motion (above) to maintain the current base level of steam
cleaning carried by a unanimous vote.
5) Proposed Action: To adopt the resolution adopting the budget for the Fiscal
Year 2013-14, as presented.
Motion DiVirgilio, second Mayor Bobko. The motion was subsequently
replaced by the following substitute motion.
Action: To adopt Resolution No. 13-6848, entitled "A RESOLUTION OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE
BUDGET FOR THE FISCAL YEAR 2013-2014," without the e -newsletter, for
City Council Minutes 06-11-13 Page 13711
•
a savings of $9,000, and with direction to staff to return with information on
doing the e -newsletter in-house, rather than outsourcing it, and how many
residents subscribe to it.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
6) Action: To adopt Resolution No 13-6849, entitled "A RESOLUTION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING GENERAL
FUND COMMITMENTS OF FUND BALANCE FOR FISCAL YEAR 2013-
2014."
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
7) Action: To approve the contracts for services as listed in the staff report.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
8) Action: To adopt Resolution No. 13-6850, entitled "A RESOLUTION OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND
ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 2013-2014."
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
At 9:20 p.m., the order of the agenda moved to Municipal Matter item 6(b).
• b. CONSIDERATION OF AN ORDINANCE AMENDING VARIOUS
PROVISIONS OF THE MUNICIPAL CODE PERTAINING TO DISABLED
ONSTREET PARKING SPACES, EXEMPTIONS FOR SPECIFIED
MILITARY VETERANS, INCREASING ENFORCEMENT UNTIL 2AM, AND
CONSIDERATION OF DEMAND PRICING ON THE METERS.
Memorandum from Interim Police Chief Michael McCrary dated June 4, 2013.
Supplemental memorandum and revised ordinance from City Clerk Elaine
Doerfling dated June 10, 2013, along with the previously introduced
ordinance.
•
Interim Police Chief McCrary presented the staff report and responded to
Council questions. City Manager Bakaly and City Attorney Jenkins also
responded to Council questions.
The public hearing opened at 12:25 a.m. As no one came forward to address the
Council on this item the public hearing closed at 12:25 a.m.
Action: To waive full reading and adopt Ordinance No. 13-1340, which had
been unanimously introduced as amended at the meeting of May 14, 2013,
entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING AN EXEMPTION FROM PAYMENT OF
PARKING METERS FOR SPECIFIED MILITARY VETERANS, CODIFYING
THE PROCESS FOR ESTABLISHING ONSTREET DISABLED PARKING
SPACES, UPDATING PROVISIONS PERTAINING TO PARKING METERS
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE," with the
City Council Minutes
06-11-13 Page 13712
•
proviso that no meters shall be installed in the green zones until the Police
Department reports back with a plan that is satisfactory to the City Council.
Motion Bobko, second Tucker. The motion carried by a unanimous vote.
At 12.27 a.m., the order of the agenda moved to item 4, consent calendar items
removed for separate discussion.
6. MUNICIPAL MATTERS
a. APPROVE RESOLUTION TO INCREASE BANDIT CAB FINES AND
AMEND TAXI FRANCHISE AGREEMENT TO ADD TAXI VOUCHER
PROGRAM AND STARTER PROGRAM/STAGING RULES. Memorandum
from Interim Police Chief Michael McCrary dated May 7, 2013.
Police Lieutenant Tom Thompson presented the staff report and responded to
Council questions. City Attorney Jenkins also responded to Council
questions.
No one came forward to address the Council on this item.
Proposed Action: To approve the staff recommendation, with the addition of
language stating that more than three incidents in a calendar year of failure to
provide starters would result in revocation of the franchise agreement.
Motion Fishman. The motion failed due to the lack of a second.
Action: To approve the staff recommendation to:
1) Approve Resolution No. 13-6851, entitled "A RESOLUTION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S
BAIL SCHEDULE RELATIVE TO VIOLATIONS BY TAXICAB
OPERATOR";
2) Add a second amendment to the Taxi Cab Franchise Agreement to
institute a fine of $1,000 for each violation where a taxi company does not
provide a starter as directed;
3) Allow any of the taxi companies that have franchise agreements to
participate in the taxi voucher program; and
4) Establish a taxi staging area on 13th Street; with the additional condition to
include clear direction regarding enforcement for noncompliance with the
terms of the Franchise Agreement, including increased fines for bandit
cabs and revocation of the Franchise Agreement for failure to use starters.
Motion DiVirgilio, second Mayor Bobko. The motion carried by a unanimous
vote.
At 11:27 p.m., it was the consensus of the Council to roll items 6(d), 6(g), 7(a), 8(c),
and 9(a) to the next meeting and complete the remaining agenda items this evening.
The order of the agenda then moved to item 6(e).
b. UPDATE ON CITY'S EFFORTS ON ENVIRONMENTAL SUSTAINABILITY
AND CARBON NEUTRAL ACTION PLAN FOR MUNICIPAL FACILITIES
City Council Minutes 06-11-13 Page 13713
•
•
•
AND OPERATIONS. Memorandum from Community Development Director
Ken Robertson dated June 5, 2013. Supplemental information submitted by
Director Robertson received June 11, 2013.
Senior Planner Pam Townsend presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
UCLA's Institute of the Environment and Sustainability students Dana Trans
and Lauren Dickinson gave a PowerPoint presentation of their semester -long
project on what carbon neutrality would mean for Hermosa, acknowledging
those who assisted them. They spoke of their Emissions Inventory, discussed
Efficiency, Renewables, and Policies and Behavioral Change, as well as
potential offsets toward the goal of carbon neutrality. The presenters also
responded to Council questions, along with fellow student Tasnuva Shabnoor.
Coming forward to address the Council on this item were:
Robert Fortunato - Hermosa Beach, said he has a $951 credit from Southern
California Edison after one year in his Green Idea House, which cost
less to build than homes using standard construction methods, used
less environmental energy and generated less waste; urged the City
Council to apply those standards to City projects; said the buildings will
stand for 100 years and can provide clean energy and save money;
Phil Friedl - Hermosa Beach, said the City's Sustainability Plan was not
carbon neutral; urged the City Council to implement the measures
recommended by the UCLA students in their presentation;
Jim Lissner - Hermosa Beach, noted the irony of trying to reduce emissions
with so many cars on the road; suggested that the Council designate
80 parking spaces downtown for electric vehicles to meet the carbon
neutrality goal; and
Stacey Armato - Hermosa Beach, said the oil drilling project would generate
more emissions and commended the students for their presentation.
Action: To receive and file the report and direct staff to return at a study
session for policy direction on Sustainability Plan action items and a carbon
neutrality road map for municipal facilities and operations, with target time
frames for the biggest and smartest items.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
The meeting recessed at 10:05 p.m.
The meeting reconvened at 10:17 p.m.
c. COUNCIL DIRECTION ON CITY FLEET POLICY AND MASTER PLAN IN
SUPPORT OF A CARBON NEUTRAL GOAL AND VEHICLE PURCHASES.
Memorandum from Community Development Director Ken Robertson, Public
Works Director Frank Senteno and Interim Police Chief Michael McCrary
dated June 5, 2013.
City Council Minutes 06-11-13 Page 13714
•
Senior Planner Pam Townsend, Police Sergeant Kevin Averill and Mechanic
Jim Beedy presented the staff reports and responded to Council questions.
City Manager Bakaly also responded to Council questions.
Coming forward to address the Council on this item were:
Rick Learned — Hermosa Beach, encouraged the City Council to follow the
recommendations of staff;
Ira Lifland — Hermosa Beach, said he has had a hybrid car for 15 years; noted
advantages of electric cars, including no maintenance, and suggested
the City use such vehicles for purposes such as building inspections;
Robert Fortunato — Hermosa Beach, presented a container of soot deposited
on his porch from passing cars, citing its carcinogenic qualities; spoke
of the need to remove regular cars from the City's streets and the
advantages of electric vehicles; and
Craig Cadwallader — Surfrider Foundation, said Tesla should be challenged to
come up with a quiet police pursuit vehicle that is electric and budget -
friendly.
Action: To approve the staff recommendation to:
1) Review and confirm Greenhouse Gas Emissions Targets for the City
Fleet;
2) Proceed to implement the Clean Fleet Policy and Action Plan and return
with a progress report at the mid -year budget review; and
3) Authorize the City Manager to purchase vehicles in accordance with the
Guidelines and Criteria for Vehicle Purchase and Replacement.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
At 11:00 p.m., the order of the agenda moved to item 6(a).
d. ADOPT RESOLUTION OF PARTICIPATION IN THE INSTITUTE FOR
LOCAL GOVERNMENT'S "BEACON AWARD: LOCAL LEADERSHIP
TOWARD SOLVING CLIMATE CHANGE" RECOGNITION PROGRAM
INCLUDING A SCE ENERGY LEADER PARTNERSHIP PROGRAM
"ENERGY ACTION PLAN." Memorandum from Community Development
Director Ken Robertson dated June 5, 2013.
This item was continued to the next meeting on June 25, 2013.
e. BAR AND TAVERN UPDATE. Memorandum from Interim Police Chief
Michael McCrary dated June 5, 2013.
Captain Steve Johnson presented the staff report and responded to Council
questions. Interim Police Chief McCrary and Fire Chief Lantzer also
responded to Council questions.
Hermosa Beach Restaurant & Tavern Association representative Dave Lowe,
gave a PowerPoint presentation demonstrating the Association's efforts to
curtail problems downtown, including the hiring of additional security officers
City Council Minutes 06-11-13 Page 13715
•
•
for special events, along with providing portable restrooms and lighting; spoke
of working on the installation of permanent stadium lighting on Pier Plaza to
help disperse crowds and the cooperation between the Association and the
City; said the issue of forming a business improvement district and/or
assessment district has been discussed.
Coming forward to address the Council on this item was:
Jim Lissner — Hermosa Beach, said the downtown requires an exorbitant
amount of City services at great expense; spoke of the need for public
restrooms on Upper Pier Avenue and Pier Plaza, as well as the need
to stop serving underage people in City bars.
Action: To receive, approve and file the report.
Motion Duclos, second Bobko. The motion carried by a unanimous vote.
f. REPORT ON POLICE DEPARTMENT PLANNING PROCESS FOR
JULY 4, 2013. Memorandum from Interim Police Chief Michael McCrary
dated June 4, 2013.
Interim Police Chief McCrary presented the staff report and responded to
Council questions. Fire Chief 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 DiVirgilio, second Tucker. The motion carried by a unanimous vote.
At 12:22 a.m., the order of the agenda moved to item 5(b).
g.
CONSIDERATION TO PARTICIPATE IN FUNDING OPERATION OF THE
BEACH CITIES TRANSIT (BCT) LINE 109 WITH THE CITIES OF EL
SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH WITH
FUNDING FROM PROPOSITION A FUNDS. Memorandum from Community
Development Director Ken Robertson dated June 4, 2013.
This item was continued to the next meeting on June 25, 2013.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. RESOLUTION FIXING THE COMPENSATION TO BE RECEIVED BY THE
CITY TREASURER AND SETTING FORTH DUTIES. Memorandum from
Finance Director Viki Copeland dated May 30, 2013.
This item was continued to the next meeting on June 25, 2013.
• 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
City Council Minutes 06-11-13 Page 13716
•
•
a. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE.
Memorandum from City Manager Tom Bakaly dated June 4, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Action: To appoint Councilmember Tucker as delegate and Councilmember
Duclos as alternate for the League of California Cities Annual Conference.
Motion DiVirgilio, second Mayor Bobko. The motion carried by a unanimous
vote.
b. VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT
INTERVIEWS FOR EXPIRING TERMS ON THE PARKS, RECREATION &
COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from
City Clerk Elaine Doerrling dated June 5, 2013.
City Clerk Doerfling presented the report and responded to Council questions.
City Manager Bakaly also responded to Council questions.
Action: To schedule a meeting for 6:00 p.m. prior to the Regular Meeting of
July 23, 2013, for the purpose of conducting interviews of applicants for the
Parks, Recreation and Community Resources Advisory Commission, with
appointments to follow at the regular meeting.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
c. RESPONSES TO QUESTIONS ASKED BY HOWARD LONGACRE IN A
WRITTEN COMMUNICATION DATED MAY 17, 2013. Memorandum from
City Manager Tom Bakaly dated June 4, 2013. Supplemental letter from
Howard Longacre received June 10, 2013.
This item was continued to the next meeting on June 25, 2013.
9. OTHER MATTERS - CITY COUNCIL
a. Proposal by Mayor Bobko that the August 13, 2013 regular meeting of
the City Council be held at Hermosa View School.
This item was continued to the next meeting on June 25, 2013.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, June 12, 2013, at the hour of 12:35 a.m. to the
Regular Meeting of Tuesday, June 25, 2013.
CA12-
City Clerk Deputy City Clerk
City Council Minutes 06-11-13 Page 13717
• I
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held Tuesday, June 25, 2013, at the hour of 6:04 p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 28, 2013.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 1301 Hermosa Ave
City Negotiator: City Manager
Negotiating Parties: Verizon; Unison
Under Negotiation: Price & Terms of Payment of cell site lease
4. CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation: Government Code Section 54956.9(d)(2)
Number of potential cases: 1
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, June 25, 2013, at the hour of 6:05
p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour of 6:45 p.m., the Closed Session
adjourned to the Regular Meeting, which was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE — Carlos Lopez
• ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
City Council Minutes 06-25-13 Page 13718
• CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
before the Council adjourned into the closed session, the addition to the agenda of
one item that arose after the posting of the agenda — litigation in the matter of Kelli
Brown, and no reportable actions taken.
•
•
ANNOUNCEMENTS — Mayor Bobko noted the Council's use of iPads this evening,
making this their first paperless meeting, and thanked City Manager Bakaly and his
secretary, Robin Maynard, for their efforts to make it happen.
Councilmember Duclos asked that the meeting be adjourned in memory of longtime
resident Mary Lou Weiss, who passed away June 22, and spoke of her service on
Hermosa's School Board, her work in starting Hermosa's Farmers Market, and her
involvement with the Hermosa Community Garden, noting his hope that, when the
new permanent Garden is planted in the fall at South Park, it be named after her.
He then expressed appreciation for the Redondo Union High School internship
program, acknowledging former student Tricia Light for having revitalized his faith in
that generation's civic -mindedness.
Councilmember Fishman thanked Sam Pena of Consolidated Disposal Services for
providing superior service to the City, noting the start date of July 1 for Athens
Services. He then spoke of installation of new permanent bollards to better protect
pedestrians on Pier Plaza from vehicles.
Councilmember Tucker: (1) spoke of the passing on June 16 of Bob Meistrell, co-
founder (with his late twin brother Bill) of Body Glove, noting their revolutionary work
in perfecting the wetsuit which allowed for year-round surfing, and the regular
donation by Mr. Meistrell of his boat, Disappearance, for charity events, requesting
that the meeting be adjourned in his memory; (2) spoke of the passing of Mary Lou
Weiss, whose two sons grew up with his two sons, noting her love of Hermosa, and
said her motivation to run for Hermosa School Board was to prevent the sale of
school sites; and (3) spoke of July 4th, reiterating the City's vow to keep Hermosa
safe this year, asking residents and visitors to respect Hermosa, and thanking Fire
and Police in advance for giving up their holiday to keep the community safe.
PRESENTATIONS
RECOGNITION OF SOUTH BAY MEDAL OF VALOR
DISTINGUISHED SERVICE AWARD RECIPIENTS
OFFICER DEAN GARKOW & OFFICER JOSH DROZ
HERMOSA BEACH POLICE DEPARTMENT
Interim Police Chief McCrary recounted details of the incident and the lifesaving
actions performed by both officers that kept the victim alive while awaiting the arrival
of paramedics, who had been out on another call.
Mayor Bobko recognized Hermosa Police Officers Dean Garkow and Josh Droz (not
in attendance) for their heroism and self-sacrifice assisting the unconscious man by
City Council Minutes 06-25-13 Page 13719
performing CPR until paramedics arrived, adding that the victim survived and was
•
very appreciative. He read and presented the commendation to Officer Garkow.
•
•
PRESENTATION OF
CERTIFICATE OF COMMENDATION TO
FIREFIGHTER/PARAMEDIC CARLOS LOPEZ
FOR HIS OFF-DUTY LIFE-SAVING CONDUCT
Fire Chief David Lantzer recognized Hermosa Firefighter/Paramedic Carlos Lopez
for his off-duty lifesaving actions, conducted without protective gear, as he aided a
bleeding stabbing victim, treating and calming the man until help arrived. He said by
acting regardless of personal risk, Firefighter/Paramedic Lopez displayed the core
values of the whole department.
Mayor Bobko read aloud and presented the commendation to Firefighter/Paramedic
Lopez, noting that Hermosa residents are very lucky to have him and the whole
firefighter/paramedic team.
OIL PROJECT STATUS REPORT
FROM TOM BAKALY, CITY MANAGER
At City Manager Bakaly's request, Community Development Director Ken Robertson
(1) provided updates on E&B Natural Resources' completed application, noting all
supplemental information received to -date is posted on the City's website; (2) said
nearby residents will be notified about an upcoming traffic truck -counting study; (3)
noted the hiring of Environmental Impact Report (EIR) consultant, Marine Research
Specialists; (4) said an informational interactive community event is to be held July
13 from 9 a.m. to 2 p.m. at the Community Center; (5) said the Notice of Preparation
is anticipated for mid-July, which starts a 30 -day period wherein any resident or
entity can suggest topics for the EIR; (6) noted a public scoping meeting to be held
July 24 at 7:00 p.m. at the Community Center; (7) said Ed Almanza, the City's
environmental consultant, had committed to office hours for an informal open house
and Q&A sessions; (8) said a draft EIR would be released in December, which
would open another period of public comment; (9) said the Economic Cost Benefit
Analysis award of contract would be presented to the Council in July; and (10) said
four consultants will be interviewed tomorrow for the Health Impact Assessment
contract, also to be awarded by the Council in July.
Councilmember Duclos requested that staff use a "no acronym policy" in the future.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Sheryl Main — Hermosa Beach, spoke of disappointment with the Planning
Commission meeting regarding Raju Chhabria's hotel proposal; said
City Council Minutes
06-25-13 Page 13720
•
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the number of rooms should be reduced to lessen the parking impact
and urged the Council to address the parking issue;
Erica Graves — Blue Zones Project (BZP), (1) congratulated Redondo Union
and Redondo Shores high schools for achieving bronze status, with
BZP guidance, from the Alliance for a Healthier Generation, promoting
student wellness, noting they were the first in the State to be awarded
such certification; (2) announced free Zumba classes each Tuesday
from 6:30 to 7:30 p.m. at Redondo's Alta Vista Park for a 10 -week
period starting June 25; (3) announced a free Purpose Workshop from
5:30 to 7:30 p.m. on Tuesday, July 16, at the Seventh Day Adventist
Church in Redondo, with more information at www.bzp.com;
Dencv Nelson — Hermosa Beach, spoke of the annual Shakespeare by the
Sea performances at Valley Park, with productions this year of "All's
Well That Ends Well" and "King John" on July 17 and 18; expressed
gratitude to Community Resources staff and appealed to residents and
businesses to join the efforts by local organizations to keep the event
in the City by contributing at www.shakespearebythesea.orq; thanked
Sam Pena of Consolidated Disposal Services for past assistance and
Gary Clifford of Athens Services, who would help out from now on;
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, spoke of his
attendance at a Los Angeles City Council meeting where a second
reading took place on an ordinance to be signed tomorrow banning
plastic bags; noted their beach clean-up last Thursday — International
Surfing Day; urged the Council to make a plastic bag ban a priority;
Andrea Jacobsson — JAMA Auto House, Hermosa Beach, asked that item
2(h) be pulled from the Consent Calendar;
Hanv Fangary — Hermosa Beach, thanked Sam Pena and Consolidated
Disposal Services for all their hard work over their years of service;
thanked staff for the oil project update and for posting supplemental
documents on the City's website; urged the Council to direct staff to
mail updates and notifications to residents regarding the oil project and
other important items so people can participate; and
Chris Johnson — Hermosa Beach, echoed Ms. Main's concerns with parking
problems from the proposed hotel and asked the Council to step in.
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(h) Bobko and (I) Fishman.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
At 7:43 p.m., the order of the agenda moved to item 5(a), Public Hearings.
• (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON MARCH 26, 2013.
City Council Minutes
06-25-13 Page 13721
Action: To approve as presented the City Council minutes of the Regular
• meeting of March 26, 2013.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 3297, 67882,
70715 THROUGH 70848, AND NOS. 154465, 342548, 966649, 967856,
967916, 968409, AND 968451.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 2013 FINANCIAL
REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the May 2013 financial reports.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF MARCH 4, 2013.
(f)
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of March 4, 2013.
RECOMMENDATION TO ADOPT RESOLUTION OF PARTICIPATION IN
THE INSTITUTE FOR LOCAL GOVERNMENT'S "BEACON AWARD:
LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE"
RECOGNITION PROGRAM INCLUDING A SCE ENERGY LEADER
PARTNERSHIP PROGRAM "ENERGY ACTION PLAN." Memorandum from
Community Development Director Ken Robertson dated June 5, 2013.
Supplemental email received from Getchel Wilson June 24, 2013. (Continued
from meeting of 6/11/13)
Action: To approve the staff recommendation to adopt Resolution No. 13-
6852, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING PARTICIPATION IN THE INSTITUTE FOR
LOCAL GOVERNMENT'S RECOGNITION PROGRAM, THE BEACON
AWARD: LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE."
(g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
• THE PUBLIC WORKS COMMISSION MEETING OF MAY 15, 2013.
City Council Minutes
06-25-13 Page 13722
Action: To receive and file the action minutes of the Public Works
•
Commission meeting of May 15, 2013.
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF JUNE 18, 2013.
This item was removed from the Consent Calendar by Mayor Bobko, at the
request of Andrea Jacobsson, for separate discussion later in the meeting.
City Attorney Jenkins responded to Council questions.
Coming forward to address the Council on this item was:
Andrea Jacobsson — JAMA Auto House, asked the City Council to consider
her request for a comparison of the City's signage regulations for car
dealers with those of surrounding cities, including Los Angeles, and
possible amendments to the Sign Code.
•
(i)
(i)
•
Action: To assert jurisdiction over Planning Commission agenda items 7
(hotel proposal at 1429 Hermosa Avenue) and 13.a. (special sign code
provisions for automobile sales lots), with Council review and reconsideration
of both items.
Motion Tucker, supported by Fishman.
Further Action: To receive and file the action minutes of the Planning
Commission meeting of June 18, 2013.
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO ADOPT 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 5, 2013 GENERAL
MUNICIPAL ELECTION. Memorandum from City Clerk Elaine Doerfling
dated June 18, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6853, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS TO BE SUBMITTED TO THE VOTERS AT AN ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 2013."
RECOMMENDATION TO APPROVE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND BEACH CITIES
HEALTH DISTRICT (BCHD), AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND AUTHORIZE THE APPROPRIATION
OF $21,840 AND THE CORRESPONDING ESTIMATED REVENUE TO THE
BCHD HEALTHY CITIES FUND. Memorandum from Fire Chief David
Lantzer dated June 18, 2013.
City Council Minutes 06-25-13 Page 13723
•
Action: To approve the staff recommendation to:
1) Approve the agreement for services between the City of Hermosa Beach
and Beach Cities Health District (BCHD);
2) Authorize the City Manager to execute the agreement; and
3) Authorize the appropriation of $21,840 and the corresponding estimated
revenue to the BCHD Healthy Cities Fund.
(k) RECOMMENDATION TO ADOPT RESOLUTION OPPOSING THE METRO
RECOMMENDED FUNDING PLAN FOR THE CRENSHAW/LAX TRANSIT
PROJECT. Memorandum from Public Works Director Frank Senteno dated
June 18, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6854, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, OPPOSING THE METRO
RECOMMENDED FUNDING PLAN FOR THE CRENSHAW/LAX TRANSIT
PROJECT."
(I) RECOMMENDATION TO AWARD JANITORIAL SERVICES CONTRACT
TO COME LAND MAINTENANCE SERVICE CO., INC., FOR THE PERIOD
BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2016 FOR A TOTAL
THREE-YEAR CONTRACT IN THE AMOUNT OF $301,860.00;
AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY
ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
MAKE CHANGES TO THE CONTRACT WITHIN THE BUDGET AMOUNT.
Memorandum from Public Works Director Frank Senteno dated June 13,
2013.
(m)
This item was removed from the consent calendar by Councilmember
Fishman for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Award the janitorial services contract to Come Land Maintenance Service
Co., Inc., for the period beginning July 1, 2013 and ending June 30, 2016
for a total three-year contract in the amount of $301,860;
2) Authorize the Mayor to execute and the City Clerk to attest the contract
subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the contract
within the budget amount.
Motion Fishman, second Tucker. The motion carried by a unanimous vote.
APPROVE THE NOTICE OF INTENT PACKAGE TO THE REGIONAL
BOARD TO COMPLY WITH THE MUNICIPAL STORMWATER PERMIT;
AND, AUTHORIZE THE CITY MANAGER TO SIGN THE NOTICE OF
INTENT LETTER TO THE REGIONAL BOARD. Memorandum from Public
Works Director Frank Senteno dated June 17, 2013.
City Council Minutes 06-25-13 Page 13724
•
•
•
Action: To approve the staff recommendation to:
1) Approve the Notice of Intent package to the Regional Board to comply
with the Municipal Stormwater Permit; and
2) Authorize the City Manager to sign the Notice of Intent letter to the
Regional Board.
(n) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
June 17, 2013.
Action: To receive and file the report giving the status, as of May 31, 2013,
of capital improvement projects that are either under design or construction.
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.
At 9:34 p.m., the order of the agenda moved to item 6(d).
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, 2013. Memorandum
from City Manager Tom Bakaly dated June 17, 2013. Supplemental updated
list of delinquent accounts dated June 25, 2013, from City Manager Bakaly.
City Manager Bakaly presented the staff report and responded to Council
questions.
The public hearing opened at 7:48 p.m. As no one came forward to address the
Council on this item, the public hearing closed at 7:48 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6855, 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
City Council Minutes 06-25-13 Page 13725
•
BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS
COUNTY TAXES (168.86 — HERMOSA BEACH DEL REFUSE CDS)."
Motion Duclos, second Fishman. The motion carried by a unanimous vote.
b. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2013-2014 FOR THE
FISCAL YEAR BEGINNING JULY 1, 2013, AND ENDING JUNE 30, 2014.
Memorandum from Public Works Director Frank Senteno dated June 14,
2013.
Public Works Director Senteno presented the staff report and responded to
Council questions.
The public hearing opened at 7:53 p.m. As no one came forward to address the
Council on this item, the public hearing closed at 7:53 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6856, 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, 2013 AND ENDING JUNE 30, 2014 IN
CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND
STREET LIGHTING DISTRICT 2013-2014."
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
c. AMENDMENT TO THE MUNICIPAL CODE TO ALLOW AND REGULATE
MOBILE FOOD VENDORS WITHIN THE CITY OF HERMOSA BEACH,
CREATE AN ADMINISTRATIVE PERMIT PROCESS WITHIN THE ZONING
CODE, AND VARIOUS AMENDMENTS FOR CONSISTENCY, AND
ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.
Memorandum from Community Development Director Ken Robertson dated
June 18, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
The public hearing opened at 8:14 p.m.
Coming forward to address the Council on this item were:
Sam Sabra — Hermosa business owner and homeowner, spoke in opposition
to allowing food trucks to compete with struggling businesses with rent
payments; said the trucks would be vying for parking spaces;
Dino Capaidi – Paisano's Pizza, spoke against food trucks, which he said
would put local restaurants out of business; urged the City Council to
protect small business owners in the City;
City Council Minutes 06-25-13 Page 13726
•
•
•
Lea Capaldi — Buona Vita, said allowing food trucks in the City should not be
considered, as there is already limited parking; urged the Council to
oppose them and protect existing businesses instead;
John Bowler — Hermosa Beach, food truck consultant, said food trucks are
regulated by State law for public safety and public health purposes
only; said the City can institute some regulations as far as parking and
operating hours; suggested allowing food trucks to operate during late-
night hours, providing an option to drinking;
Paul Mance — Mickey's Deli, Hermosa Beach, said he had wanted to put a
sandwich cart on the Strand about 10 years ago but was denied
permission; said food trucks would hurt local businesses and make
parking in the City even more difficult;
Nick Fontova — Hermosa Beach business owner, said food trucks are a fad
that will lead to more business vacancies; urged the Council to
consider the long-term future of existing businesses in Hermosa;
Sheryl Main — Hermosa Beach, opposed the presence of food trucks in the
City, saying it would hurt existing businesses and negatively impact
parking;
Hany Fangary — Hermosa Beach, said food trucks would take business away
from existing restaurants, whose owners pay high leases and rents,
while the food trucks merely pay for City permits; said regulations must
be set forth to somehow protect existing businesses; and
Fabio (last name indistinct) — said it was already dangerous driving out of
Hermosa's alleys due to the view obstruction from regular -sized parked
vehicles, and would be even more so with food trucks parked there,
resulting in accidents and lawsuits against the City.
The public hearing closed at 8:35 p.m.
Action: To direct staff to further research the issue and report back with a
fuller analysis based on issues raised this evening, including potential public
safety problems, information on establishing staging boundaries, and food -
truck regulations that have been enacted by neighboring cities.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
d. AMENDMENT TO THE MUNICIPAL CODE TO ALLOW AND REGULATE
MINOR SPECIAL EVENTS/ACTIVITIES ON PRIVATE PROPERTY WITHIN
THE CITY OF HERMOSA BEACH AND VARIOUS AMENDMENTS
REGARDING SPECIAL EVENTS FOR CONSISTENCY, AND ADOPTION
OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from
Community Development Director Ken Robertson dated June 18, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
The public hearing opened at 9:18 p.m. As no one came forward, the public
hearing closed at 9:18 p.m.
City Council Minutes 06-25-13 Page 13727
•
Action: To approve the staff recommendation to waive full reading and
introduce Ordinance No. 13-1341, entitled "AN ORDINANCE OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL
CODE TO ALLOW AND REGULATE MINOR SPECIAL EVENTS ON
PRIVATE PROPERTY, AND VARIOUS AMENDMENTS FOR
CONSISTENCY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION," amended to: (1) delete all cross-references to provisions
of the proposed mobile food vendor ordinance; (2) add a new Section 6
pertaining to administrative permits (using language contained in the
proposed mobile food vendor ordinance); and (3) renumber all subsequent
sections accordingly.
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
e. TEXT AMENDMENT TO MUNICIPAL CODE TO IMPLEMENT OR
CONSIDER HOUSING PROGRAMS IN THE 2008-2014 HOUSING
ELEMENT OF THE HERMOSA BEACH GENERAL PLAN, INCLUDING
EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY UNITS,
TRANSITIONAL AND SUPPORTIVE HOUSING, GROUP HOMES,
RESIDENTIAL CARE FACILITIES, DENSITY BONUSES, LOT
CONSOLIDATION INCENTIVES, MINIMUM DWELLING SIZES, SECOND
UNITS IN R-1 ZONE, PARKING, AND OTHER MINOR AMENDMENTS TO
CONFORM TO STATE LAW AND THE HOUSING PROGRAM.
Memorandum from Community Development Director Ken Robertson dated
June 18, 2013. Supplemental email from Getchel Wilson received June 24,
2013.
Senior Planner Pam Townsend presented the staff report and responded to
Council questions. City Attorney Jenkins also responded to Council
questions.
The public hearing opened at 9:30 p.m. As no one came forward to address the
Council on this item, the public hearing closed at 9:30 p.m.
Action: To approve the staff recommendation to waive full reading and
introduce Ordinance No. 13-1342, entitled "AN ORDINANCE OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL
CODE TO IMPLEMENT CERTAIN HOUSING PROGRAMS IN THE 2008-
2014 HOUSING ELEMENT OF THE HERMOSA BEACH GENERAL PLAN."
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
At 9:31 p.m., the order of the agenda moved to item 4, consent calendar items
removed for separate discussion.
6. MUNICIPAL MATTERS
a. RESOLUTION FIXING THE COMPENSATION TO BE RECEIVED BY THE
CITY TREASURER AND SETTING FORTH DUTIES. Memorandum from
City Council Minutes 06-25-13 Page 13728
•
Finance Director Viki Copeland dated May 30, 2013.
meeting of 6/11/13)
Finance Director Copeland presented the staff report
Council questions.
No one came forward to address the Council on this item.
(Continued from
and responded to
Action: To approve the staff recommendation to adopt Resolution No. 13-
6857, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE
RECEIVED BY THE CITY TREASURER AND PROVIDING A JOB
DEXRIPTION FOR SUCH COMPENSATION AND RESCINDING
RESOLUTION NO. 90-5378."
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
At 10:32 p.m., the order of the agenda moved to item 6(f).
b. EMAIL POLICY FOR ELECTED OFFICIALS. Memorandum from Finance
Director Viki Copeland dated June 18, 2013.
This item was continued to the next meeting.
c. CONSIDERATION TO PARTICIPATE IN FUNDING OPERATION OF THE
BEACH CITIES TRANSIT (BCT) LINE 109 WITH THE CITIES OF EL
SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH WITH
FUNDING FROM PROPOSITION A FUNDS. Memorandum from Community
Development Director Ken Robertson dated June 4, 2013. (Continued from
meeting of 6/11/13)
Community Development Director Robertson presented the staff report and
responded to Council questions.
Joyce Rooney of Beach Cities Transit responded to Council questions.
Action: To approve the staff recommendation to:
1) Approve participation for two years along with other beach cities and direct
the Mayor to sign the agreement on behalf of the City;
2) Approve expenditure of $6,757 for Fiscal Year 2013-14 from Proposition A
funds; and
3) Authorize the expenditure of a 10 percent increase (with up to 25 percent
increase if certain conditions are met) above the 2013-2014 Fiscal Year
expenditure of $6,757; final cost sharing estimate will be provided in May
2014 and included in the 2014-2015 budget.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
At 10:16 p.m., the order of the agenda moved to item 6(e).
City Council Minutes 06-25-13 Page 13729
• d. SURF LEGENDS MEMORIAL. Memorandum from Public Works Director
Frank Senteno dated June 18, 2013.
Public Works Director Senteno presented the staff report (including a
PowerPoint presentation) and responded to Council questions. City Manager
Bakaly and City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Phil Roberts — Newport Beach, the artist/sculptor contracted to design and
cast the Surf Legends Memorial statue, spoke of the status of the
project, giving details on its history and the creative process;
addressed night lighting and re -incorporating the original water
fountain feature; and
Bennett Talskv — project contractor, said the funds are sufficient to fund the
water feature and, with Council approval, they can move forward to
finally complete the project.
Action: To approve the staff recommendation to:
1) Receive the update report on the Surf Legends Memorial project; and
2) Approve re -incorporating the original water fountain feature into the
sculpture design and direct that the project be submitted to the
administrator of the Joe Melchione Trust to determine its consistency with
the wishes of Mr. Melchione;
with additional direction that Public Works Director Senteno, due to his heavy
workload, be relieved of attending committee meetings and administering the
project as it moves forward.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
At 10:07 p.m., the order of the agenda moved to item 6(c).
e. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN
INITIATIVE PETITION PROPOSING TO REDUCE THE POST -MIDNIGHT
OPERATING HOURS OF SPECIFIED BUSINESSES IN THE DOWNTOWN
AREA OF HERMOSA BEACH. Memorandum from City Clerk Elaine
Doerfling dated June 18, 2013.
City Clerk Doerfling presented the staff report and responded to Council
questions. City Attorney Jenkins responded to Council questions.
Coming forward to address the Council on this item were:
Jim Lissner — Hermosa Beach, initiative proponent; spoke of the measure's
benefits to the City and its residents, calling it a solution to the high
crime in the downtown that will lessen the need for the large police
presence in that area of town; hoped the Council would simply adopt
the proposed ordinance after a study; and
Ron Newman — Hermosa Beach resident/business owner, said the measure
is discriminatory and will create unfair competition with restaurants in
neighboring cities; said the taking of property rights from businesses
City Council Minutes 06-25-13 Page 13730
• could result in legal problems to the City as well as lost revenue; said a
proper study should be done to accurately reflect recent crime rates.
•
•
Action: To direct the City Clerk to prepare the documents required to submit
the ordinance, without alteration, to the voters at the November 5, 2013
General Municipal Election, and to direct staff to return within 60 days with a
report outlining potential effects of the measure, including fiscal impact, legal
issues, land value impact and any other items of relevance.
Motion DiVirgilio, second Mayor Bobko. The motion carried by a unanimous
vote.
At 10:32 p.m., it was the consensus of the Council to roll item 8(a) to the next
meeting and complete the remaining items. The order of the agenda then moved to
item 6(a).
f. CALLING, REQUESTING CONSOLIDATION, AND CERTAIN OTHER
RESOLUTIONS NECESSARY FOR HOLDING THE GENERAL MUNICIPAL
ELECTION OF NOVEMBER 5, 2013. Memorandum from City Clerk
Elaine Doerfling dated June 18, 2013.
City Clerk Doerfling 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 adopt the following four
resolutions pertaining to the November 5, 2013 General Municipal Election:
1) Resolution No. 13-6858, 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 5, 2013, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES";
2) Resolution No. 13-6859, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, WITH
THE UDEL AND/OR SCHOOL ELECTION TO BE HELD ON THAT
DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE OF
THE STATE OF CALIFORNIA";
3) Resolution No. 13-6860, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING
THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR
THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2013"; and
City Council Minutes
06-25-13 Page 13731
•
4) Resolution No. 13-6861, 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 5, 2013."
Motion Bobko, second Fishman. The motion carried by a unanimous vote.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. STATUS REPORT ON RECRUITMENT FOR THE CHIEF OF POLICE
POSITION. Memorandum from City Manager Tom Bakaly dated June 20, q
2013.
Interim Police Chief McCrary presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council
questions.
Action: To approve staff recommendation to:
1) Receive and file the report; and
2) Amend the deadline to have a Police Chief hired and reporting for work at
the City.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
• 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. RESPONSES TO QUESTIONS ASKED BY HOWARD LONGACRE IN A
WRITTEN COMMUNICATION DATED MAY 17, 2013. Memorandum from
City Manager Tom Bakaly dated June 4, 2013. (Continued from meeting of
6/11/13)
This item was continued to the next meeting.
9. OTHER MATTERS - CITY COUNCIL
a. Proposal by Mayor Bobko that the August 13, 2013 regular meeting of
the City Council be held at Hermosa View School. (Continued from
meeting of 6/11/13)
Mayor Bobko spoke to his request.
Proposed Action: To hold the August 13, 2013 regular meeting of the City
Council at Hermosa View School.
Motion Mayor Bobko, supported by DiVirgilio. The motion failed to garner
three affirmative votes.
b. Proposal by Councilmember Fishman to use Proposition A funds for a
summer weekend shuttle from Prospect and Aviation to downtown.
City Council Minutes 06-25-13 Page 13732
• Councilmember Fishman spoke to his request.
•
•
Action: To direct staff to report back at the meeting of July 9 with an analysis
on the use of Proposition A funds for a summer weekend shuttle from
Prospect and Aviation to downtown.
Motion Fishman, supported by DiVirgilio and Tucker.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of Bob Meistrell and Mary Lou Weiss, on Tuesday,
June 25, 2013, at the hour of 10:54 p.m. to an Adjourned Regular meeting on
Tuesday, July 9, 2013, at 5:30 p.m. for the purpose of conducting a closed session.
Deputy City Clerk
City Council Minutes 06-25-13 Page 13733
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Tuesday, July 9, 2013, at the hour
of 5:34 p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
PUBLIC PARTICIPATION: Although the City Council values your comments, the
Brown Act generally prohibits the Council from taking action on any matter not listed
on the posted agenda.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
1. APPROVAL OF MINUTES: Closed Session meeting held on June 25, 2013.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
0 City of Hermosa Beach adjourned on Tuesday, July 9, 2013, at the hour of 5:35
p.m., to a closed session.
•
RECONVENE TO OPEN SESSION — At the hour of 6:00 p.m., the Closed Session
adjourned back to Open Session.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, July 9, 2013, at the hour of 6:00 p.m. to an
Adjourned Regular meeting of the same date, scheduled to being at 6:00 p.m. for
the purpose of conducting interviews of EPAC applicants.
City Council Minutes
07-09-13 Page 13734
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Tuesday, July 9, 2013, at the hour of
6:00 p.m.
•
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
PUBLIC PARTICIPATION: None
INTERVIEW OF EMERGENCY PREPAREDNESS ADVISORY COMMISSION
APPLICANTS
Pursuant to past procedure, the applicants were interviewed separately, apart from the
others, with each Councilmember asking one question of each of the applicants.
Recognizing that this was a public meeting open to any member of the public wishing to
observe the interviews, each of the applicants waited their turn and entered the room
one at a time when called.
Coming forward to proceed with the interview process and respond to the individual
Council questions were the following applicants:
Dave Buckland
Jean Laurin
Carol Russell
George Schmeltzer
The interviewed applicants were advised that the Council would make the appointment
at this evening's regular meeting.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, July 9, 2013, at the hour of 6:52 p.m., to the
Regular Meeting of the same date, scheduled to begin at the hour of 7:00 p.m.
City Clerk i
City Council Minutes
Deputy CI y Clerk
07-09-13 Page 13735
•
•
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held Tuesday, July 9, 2013, at the hour of 7:02 p.m.
PLEDGE OF ALLEGIANCE — Maureen Hunt
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
before the Council adjourned into the closed session, no agenda items added, and
no reportable actions taken before Closed Session was adjourned to an Adjourned
Regular Meeting for the conduct of EPAC commissioner applicant interviews.
ANNOUNCEMENTS — Mayor Bobko thanked City staff, Lieutenant Tom Thompson
and the entire Police Department for their efforts on the 4th of July, saying the City
was determined to not have a repeat of last year's problems, and noting the efforts
included the use of multimedia to get the message out.
Interim Police Chief Michael McCrary, invited forward by Mayor Bobko, said it took a
team effort to have a great 4th of July, and thanked the Council for their guidance
and City staff for their assistance.
Councilmember Duclos (1) said this year's safe 4th of July was the result of careful
planning that began soon after last year's holiday, crediting the Police Department
and the City Manager; (2) spoke of attending a recent South Bay Cities Council of
Governments meeting that included a special report about the positive impacts of
replacing gas -powered vehicles with electric ones for short trips of five miles or less
(which account for 43% of all miles driven), resulting in a reduction of emissions and
a huge savings in both gas and money; (3) announced the Community Dialogue at
the Community Center from 9 a.m. to 2 p.m. on July 13; and (4) invited everyone to
the Shakespeare by the Sea productions of "King John" and "All's Well That Ends
Well" on July 17 and 18 at 7 p.m., at Valley Park's natural amphitheater.
Councilmember Tucker said the City sent a strong message in advance of the 4th of
July this year, which resulted in a pleasant holiday and fewer large Strand parties;
thanked residents, businesses, and City staff for their assistance and said he looked
forward to the Public Safety report; noted the City's CodeRED recorded telephone
message sent to residents and businesses that informed them in advance of what to
expect in the way of enforcement on the 4th of July.
PRESENTATIONS
PRESENTATION BY HERMOSA BEACH CHAMBER OF COMMERCE
OF THE HERMOSA BEACH CHAMBER OF COMMERCE SCHOLARSHIP
AWARD AND THE JOHN WORKMAN SCHOLARSHIP AWARD
City Council Minutes
07-09-13 Page 13736
Maureen Hunt, President, Hermosa Beach Chamber of Commerce/Visitors' Bureau,
announced the Chamber's award of a Scholarship to Connor Kernochan (not in
attendance), a Mira Costa High School graduating senior with a 3.87 GPA, noting
his accomplishments as an athlete and debate team member, his attention to those
with special needs, and his plans to attend USC's Marshall School of Business in the
fall. Ms. Hunt then presented the John Workman Scholarship Award (honoring the
late longtime Hermosa City Treasurer) to Mira Costa student Sawyer Fuller, citing
her 3.27 GPA and participation in theatre. On behalf of her mother, Mary Ellen
Workman, Sharon Thompson presented an additional gift to Ms. Sawyer.
PRESENTATION BY
SOUTHERN CALIFORNIA EDISON
Scott Gobble, Southern California Edison (SCE) Public Affairs Region Manager, said
the substation responsible for the June 26 power outage that affected parts of the
City is being revamped and the work is ahead of schedule; said SCE is replacing
power poles to make them more compatible to coastal service, and improvements
will begin soon in the downtown area; said he was working with City staff on a
blanket permit to save money for the City; and responded to Council questions.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time was:
Sal Longo - owner of two Hermosa homes and Suzy's Bar & Grill, said Suzy's
will soon be renamed Suzy's/Ragin' Cajun Cafe and Dancehall; asked
that the liquor license moratorium be lifted in the hill section; suggested
instead a moratorium on oil drilling, as the big trucks will be a problem.
(a) Letter from Stop Hermosa Beach Oil - Keep Hermosa Hermosa dated
June 26, 2013 and response from City Manager Tom Bakaly dated
July 2, 2013 regarding proposed oil production project.
No one came forward to address the Council on this matter.
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 (i).
Motion DiVirgilio, 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 THE
REGULAR MEETINGS OF THE CITY COUNCIL HELD ON APRIL 9, APRIL
23, AND MAY 14, 2013; THE ADJOURNED REGULAR MEETING HELD
City Council Minutes 07-09-13 Page 13737
ON MAY 21, 2013; THE REGULAR MEETING HELD ON MAY 28, 2013;
THE ADJOURNED REGULAR MEETINGS HELD ON MAY 29 AND JUNE
11, 2013; AND THE REGULAR MEETINGS HELD ON JUNE 11 AND JUNE
25, 2013.
Action: To receive and file the memorandum from City Clerk Doerfling
regarding minutes.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 70849
THROUGH 70974, AND NO. 166828.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF MAY 6, 2013.
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of May 6, 2013.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF JUNE 4, 2013.
(0}
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of June 4, 2013.
RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER
THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
July 1, 2013.
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
HILLS ACADEMY/JANE LEE
06-05-13
06-19-13
LOSS OF REVENUE
EIKHOF, PAUL
05-12-13
06-18-13
PROPERTY DAMAGE
City Council Minutes
07-09-13 Page 13738
Action: To deny the claims noted above and refer them to the City's Liability
• Claims Administrator, as recommended by staff.
(g) RECOMMENDATION TO ADOPT RESOLUTION TO PARTICIPATE IN A
JOINT APPLICATION OF THE LOS ANGELES REGION UNDER THE
LOCAL COASTAL PROGRAM SEA LEVEL RISE ADAPTATION GRANT
PROGRAM IN THE APPROXIMATE AMOUNT OF $250,000 TO PERFORM
A REGIONAL ASSESSMENT AND MAPPING OF THE LOS ANGELES
COUNTY COASTLINE AND PROVIDE TRAINING AND OUTREACH.
RELEASED BY THE OCEAN PROTECTION COUNCIL, CALIFORNIA
COASTAL COMMISSION AND STATE COASTAL CONSERVANCY.
Memorandum from Community Development Director Ken Robertson dated
July 1,2013.
Action: To adopt Resolution No. 13-6862, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
TO PARTICIPATE AS CO -APPLICANT IN THE LOS ANGELES REGION'S
JOINT APPLICATION UNDER THE LOCAL COASTAL PROGRAM SEA
LEVEL RISE ADAPTATION GRANT PROGRAM," as recommended by staff.
(h) RECOMMENDATION TO ADOPT A RESOLUTION AMENDING
RESOLUTION 90-5422 MASTER FEE SCHEDULE ADOPTING FEE FOR
ADMINISTRATIVE PERMITS FOR TEMPORARY MINOR SPECIAL
EVENTS, TEMPORARY SEASONAL SALES LOTS, SECOND SINGLE-
FAMILY DWELLING IN R-1 ZONE, EMERGENCY SHELTERS, AND
SINGLE ROOM OCCUPANCY FACILITIES. Memorandum from Community
Development Director Ken Robertson dated July 1, 2013.
(i)
Action: To adopt Resolution No. 13-6863, entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING RESOLUTION 90-5422 REGARDING PROCESSING
ADMINISTRATIVE PERMITS FOR VARIOUS TEMPORARY ACTIVITIES
AND VARIOUS HOUSING ACCOMMODATIONS," as recommended by
staff.
RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN AN
AGREEMENT WITH THE LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT TO RENEW THE FOOD SERVICES AGREEMENT TO
PROVIDE FOOD FOR THE JAIL. Memorandum from Interim Police Chief
Michael McCrary dated June 28, 2013.
Action: To authorize the City Manager to sign an agreement with the Los
Angeles County Sheriffs Department to renew the Food Services Agreement
to provide food for the jail, as recommended by staff.
At 7:37 p.m., the order of the agenda moved to item 5(a), Public Hearings.
City Council Minutes
07-09-13 Page 13739
•
•
3. CONSENT ORDINANCES
a. ORDINANCE NO. 13-1341 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE
TO ALLOW AND REGULATE MINOR SPECIAL EVENTS ON PRIVATE
PROPERTY, AND VARIOUS AMENDMENTS FOR CONSISTENCY, AND
ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For
adoption. Memorandum from City Clerk Elaine Doerfling dated June 27,
2013.
Deputy City Clerk Linda Abbott presented the report, noting that the
ordinance had been introduced at the last meeting.
Action: To waive full reading and adopt Ordinance No. 13-1341, entitled "AN
ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ALLOW AND REGULATE MINOR
SPECIAL EVENTS ON PRIVATE PROPERTY, AND VARIOUS
AMENDMENTS FOR CONSISTENCY, AND ADOPTION OF AN
ENVIRONMENTAL NEGATIVE DECLARATION," as recommended.
Motion Bobko, second DiVirgilio. The motion carried by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
b. ORDINANCE NO. 13-1342 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE
TO IMPLEMENT CERTAIN HOUSING PROGRAMS IN THE 2008-2014
HOUSING ELEMENT OF THE HERMOSA BEACH GENERAL PLAN." For
adoption. Memorandum from City Clerk Elaine Doerfling dated June 27,
2013.
Deputy City Clerk Abbott presented the report, noting that the ordinance had
been introduced at the last meeting.
Action: To waive full reading and adopt Ordinance No. 13-1342, entitled "AN
ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO IMPLEMENT CERTAIN HOUSING
PROGRAMS IN THE 2008-2014 HOUSING ELEMENT OF THE HERMOSA
BEACH GENERAL PLAN."
Motion Duclos, second Tucker. The motion carried by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
City Council Minutes
07-09-13 Page 13740
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
• DISCUSSION - None
5. PUBLIC HEARINGS
a. ADOPTION OF MTA LOCAL DEVELOPMENT REPORT AND
CONGESTION MANAGEMENT PROGRAM CONFORMANCE SELF
CERTIFICATION. Memorandum from Community Development Director Ken
Robertson dated July 2, 2013.
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 adopt Resolution No. 13-6864, "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
DEVLELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089."
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
6. MUNICIPAL MATTERS
a. EMAIL POLICY FOR ELECTED OFFICIALS. (Continued from meeting of
6/25/13) Memorandum from Finance Director Viki Copeland dated
June 18, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions. City Attorney Jenkins also responded to Council questions.
No one came forward to address the Council on this item.
Action: To approve changes to the Administrative Memorandum regarding
Internet and email policies.
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
b. AMENDMENT TO MUNICIPAL CODE SECTION 12.28.040 TO ALLOW
FOR OUTDOOR FITNESS PERMIT PROGRAM. Memorandum from
Assistant to the City Manager Diane Strickfaden dated July 9, 2013.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions. City Attorney Jenkins and City Manager
Bakaly also responded to Council questions.
No one came forward to address the Council on this item.
City Council Minutes 07-09-13 Page 13741
•
•
Action: To approve the staff recommendation to:
1) Waive full reading and adopt Urgency Ordinance No. 13-1343 U, entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ESTABLISHING A PERMIT REQUIREMENT
FOR OUTDOOR COMMERCIAL FITNESS INSTRUCTION AND
DECLARING THE URGENCY THEREOF," and
2) Waive full reading and introduce Ordinance No. 13-1343, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ESTABLISHING A PERMIT REQUIREMENT
FOR OUTDOOR COMMERCIAL FITNESS INSTRUCTION," and
3) With direction to staff to report back:
a. Potential City liability issues pertaining to the use of City property by
local schools and religious facilities for recreational and other activities
involving more than 25 people, since no permit or proof of insurance is
required; and
b. Methods for eliminating conflict between permitted and unpermitted
uses of City property; and
Motion Duclos, second Fishman. The motion carried by a unanimous vote.
c. REQUEST TO AMEND SPECIAL EVENT APPLICATION FOR MOVIES IN
THE PARK. Memorandum from Assistant to the City Manager Diane
Strickfaden dated July 9, 2013.
Assistant to the City Manager Strickfaden 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:
Dylan Louzan — Friends of the Parks, came forward at the request of
Assistant to the City Manager Strickfaden and responded to Council
questions; and
Jody Leventhal — Friends of the Parks, said the event is a relatively small
one, hosting only a couple hundred people, with no heavy drinking.
Action: To deny the application but to encourage Friends of the Parks to
submit a refined and improved application that addresses Council's concerns,
including those involving security at the event.
Motion DiVirgilio, second Bobko. The motion carried, noting the dissenting
vote of Duclos.
d. PROPOSAL TO PLACE A MEASURE ON THE BALLOT TO INCREASE
TRANSIENT OCCUPANCY TAX (TOT) FROM 10% TO 12%. Memorandum
from Finance Director Viki Copeland dated July 2, 2013.
• City Manager Bakaly presented the staff report and responded to Council
questions. City Attorney Jenkins also responded to Council questions.
City Council Minutes
07-09-13 Page 13742
•
No one came forward to address the Council on this item.
Proposed Action: To approve the staff recommendation to place a measure
on the November municipal election ballot to allow voters to decide if they
want to increase the transient occupancy tax (TOT) from 10% to 12%, and to
direct staff to return at the July 23, 2013 meeting with required resolutions.
Motion Duclos. The motion died for lack of a second.
Proposed Action: To place a measure on the November municipal election
ballot to allow voters to decide if they want to increase the transient
occupancy tax (TOT) from 10% to 11%, with direction to staff to return at the
meeting of July 23, 2013, with the appropriate resolutions.
Motion Fishman, second Duclos. The motion failed to garner the required 4/5
majority vote, due to dissenting votes of DiVirgilio, Tucker and Mayor Bobko.
Action: To deny the proposal to place a measure on the November
municipal election ballot to allow voters to decide if they want to increase the
transient occupancy tax (TOT) from 10% to 12%.
Motion Tucker, second Bobko. The motion carried, noting the dissenting
votes of Fishman and Duclos.
e. DISCUSSION AND DIRECTION REGARDING OPTIONS FOR
REGULATING TRANSIENT SHORT-TERM RENTALS. Memorandum from
Community Development Director Ken Robertson dated July 1, 2013.
Supplemental email (containing the names of 21 Hermosa residents opposed
to short-term rentals in the City) received from Jeff Kernochan July 9, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
Coming forward to address the Council on this item were:
Carolyn Petty — Hermosa Beach, said legalization of short-term rentals to
thwart out -of -control parties and facilitate enforcement, as suggested
at a previous meeting, makes no sense; opposed allowing such rentals
only in certain neighborhoods; urged a more balanced approach;
Robert Reyes — NW Real Estate Brokers, Hermosa Beach, said his business
handles vacation rentals, which provide revenue to cities; said making
short-term rentals legal, with required licensing and other regulations,
would give the City greater control; said most renters are responsible;
Jackie Welter — Hermosa Beach, said the staff report showed a total of 12
police calls on vacation rentals in the past year, while she placed 12
calls last year on long-term renters who were regularly disruptive; said
the problem was long-term tenants, not short-term vacation renters;
Sandi Pfister — Hermosa Beach, said neither short-term nor Tong -term rentals
with regulations in other cities have an adverse effect; said the worst
offenders are short-term renters over holiday weekends but agreed
that long-term rentals result in police calls as well;
City Council Minutes 07-09-13 Page 13743
•
•
•
Dan Inskeep — Hermosa Beach, said density is the real problem and that
short-term rentals have a negative impact on the City's density; urged
the Council to oppose short-term rentals;
Karynne Thim — said the supplemental letter now has 34 resident signatures;
said short-term rentals are de facto small hotels in residential areas,
effectively changing the zoning; said the current $100 fine is not a
deterrent; noted that 90-100 properties are currently advertised as
short-term rentals;
Barbara Ellman — Hermosa Beach, spoke in opposition to allowing short-term
rentals in the City; said the fines would not deter property owners;
Amish Desai — Grandview Hotel, Hermosa Beach, opposed short-term rentals
since it is unfair to him and others who are required to pay for a license
and pay occupancy taxes, which homeowners are not required to do;
Suzanne Rampe — Hermosa property owner/realtor, said she rents out her
property short-term but is cautious, has security cameras on the
premises, and does not allow renters, who spend money in the City, to
have overnight guests; stressed the importance of regulation; and
Dr. John Wallace — Hermosa Beach, referenced an email he sent on April 15
to the Council about problems with short-term rentals, such as the
impact on parking; said the City makes no effort at enforcement and
the penalty for infractions is too low; said it is poor logic to legalize
something simply because it is going on anyway.
Action: To direct staff to come back with information on (1) how violations
would be enforced and what impacts there may be on police service in other
areas, and (2) to establish a group to discuss a legitimate solution to transient
short-term rentals, with specific guidelines for property owners.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
At 10:08 p.m., the order of the agenda returned to item 3(a).
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
TWO EMERGENCY PREPAREDNESS ADVISORY COMMISSIONERS.
Memorandum from City Clerk Elaine Doerfling dated July 1, 2013.
Using a weighted vote system, each Councilmember selected two applicants,
and the top vote -getters are shown in the following action:
Action: To appoint George Schmeltzer and Carol Russell to the Emergency
Preparedness Advisory Commission for four-year terms ending May 31,
2017.
City Council Minutes
07-09-13 Page 13744
•
•
4
b. RESPONSES TO QUESTIONS ASKED BY HOWARD LONGACRE IN A
WRITTEN COMMUNICATION DATED MAY 17, 2013. Memorandum from
City Manager Tom Bakaly dated June 4, 2013. (Continued from meetings of
6/11/13 & 6/25/13)
Action: To receive and file the responses from City Manager Bakaly.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
At 10:16 p.m., the order of the agenda returned to item 1(a).
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, July 9, 2013, at the hour of 10:18 p.m. to the Regular
meeting of Tuesday, July 23, 2013.
Deputy City Clerk
City Council Minutes
07-09-13 Page 13745
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Tuesday, July 23, 2013, at the hour of
6:05 p.m.
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Mayor Bobko
Absent: Tucker (arrived at 6:15 p.m.)
PUBLIC PARTICIPATION: None
INTERVIEW 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
Dylan Lauzon
Jeff Maxwell
Isabel Rodriguez
Bill Sigler
Councilmember Tucker arrived at 6:15 p.m. during the second interview.
The interviewed applicants were advised that the Council would make the appointment
at this evening's regular meeting.
ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, July 23, 2013, at the hour of 6:59 p.m., to the Regular
Meeting of the same date, scheduled to begin at the hour of 7:00 p.m.
City Council Minutes
07-23-13 Page 13746
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held Tuesday, July 23, 2013, at the hour of 7:08 p.m.
•
PLEDGE OF ALLEGIANCE — Dency Nelson
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Fishman thanked Athens Services for
furnishing trash containers and liners at the South Bay Cities Relay for Life held on
July 20 in Redondo Beach; and spoke of his attendance last weekend at the
Independent Cities Association conference in Rancho Bernardo, which included
workshops on healthcare reform, ethics training (by City Attorney Jenkins), and
transportation -related funding, noting he would share all information with staff.
Councilmember Tucker (1) announced the International Surf Festival, an event that
highlights Los Angeles County lifeguards (among the finest in the world), July 31
through August 4, the date of the Dwight Crum Pier -to -Pier Swim and Pier -to -Pier
Run; (2) said nomination papers are now available in the City Clerk's office for City
Council candidates and at the County Registrar -Recorder's office for School Board
candidates; and (3) thanked outgoing School Board Member Jack Burns for his
service, on behalf of the District's children and the City.
Mayor pro tem DiVirgilio clarified with City Clerk Doerfling that the deadline for filing
nomination papers for City Council and School Board candidates is August 9, with
the filing deadline extended to August 14 only if an incumbent does not file; and
thanked all who attended the July 13 Hermosa 2020 and Beyond Open House and
the July 15 Community Dialogue, both at the Community Center, and encouraged
continued community participation in such events.
Mayor Bobko announced the first scoping meeting for the oil project's Environmental
Impact Report on Wednesday, July 24, at 7 p.m. at the Community Center.
PRESENTATION
OIL PROJECT STATUS REPORT
FROM TOM BAKALY, CITY MANAGER
At the request of City Manager Bakaly, Community Development Director Robertson
(1) said additional supplemental materials received from the applicant are now
available on the City's website; (2) cited the release of a Notice of Preparation of the
Environmental Impact Report (EIR), which kicks off the environmental review
process, noting that the scoping comment period runs through August 12; (3) said a
scoping meeting will take place at 7 p.m., July 24, in the Community Center, with
Marine Research Specialists (consultants hired to prepare the EIR) and the City's
City Council Minutes 07-23-13 Page 13747
•
•
Project Manager Ed Almanza (who will also soon be available for informal Q&A
during office hours to be announced tomorrow; (4) said the draft EIR would be
released in December or January, at which time the public comment period would
begin; and (5) said the Council would consider awarding the contracts for the
Economic Benefit Analysis and the Health Impact Assessment at tonight's meeting.
PUBLIC PARTICIPATION
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Judy Garland — Hermosa Beach, spoke of Bard Street parking problems,
noting the City's unfulfilled promise to return the spaces for public use;
said business patrons unable to find parking here will go elsewhere
(City Manager Bakaly said he would look into the matter);
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, asked if the
Community Dialogue had been recorded, noting Surfrider's offer to pay
for the recording of such events if needed; asked about the scoping
meeting's agenda, structure, speaker time limits, and if it would be
recorded, urging that it be streamed live and archived (City Attorney
Jenkins said the scoping meeting is informational [not legislative] in
nature, with no set agenda, to be moderated by the EIR consultant,
who will solicit public comments related to the content of the EIR; City
Manager Bakaly said the meeting and future events will be recorded);
Christy McCartney — Hermosa Beach, spoke of silver meters near Bottle Inn
that residents may not use until after midnight even though restaurants
in the area close early; urged residential parking after 9 p.m., for the
safety of female residents forced to park far from home at night; said
bar -goers and gang members now park there, citing graffiti; and
Allan Mason — Hermosa Beach, expressed concerns about the effects of the
oil drilling debate and election, perhaps creating a civil war in the City,
with businesses identified as pro -oil or anti -oil and residents shopping
accordingly; said no potential benefits from oil drilling would be worth
the destruction of the community.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(i), (k) and (m) 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 9, 2013.
• Action: To approve the minutes of the Regular Meeting of the City Council
held on April 9, 2013, as presented.
City Council Minutes
07-23-13 Page 13748
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 70975
• THROUGH 71154, AND NOS. 13701, 171792, 194768, AND 201983.
Action: To ratify the check register as presented.
(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 JUNE 2013 FINANCIAL
REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the June 2013 financial reports as presented.
(e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
July 16, 2013.
•
(f)
(g)
•
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction as of June
30, 2013.
RECOMMENDATION TO APPROVE AN AMENDMENT TO THE
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 $255,170. Memorandum from Public Works
Director Frank Senteno dated July 11, 2013.
Action: To approve an amendment to the 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 $255,170.
RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
Assistant to the City Manager Diane Strickfaden dated July 16, 2013.
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
CURTIS, CHAZ
06-30-13
07-15-13
PERSONAL INJURY
City Council Minutes
07-23-13
Page 13749
Action: To deny the above -noted claim and refer it to the City's Liability
• Claims Administrator, as recommended.
•
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF JULY 16, 2013.
Action: To receive and file the action minutes of the Planning Commission
meeting of July 16, 2013.
(1) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY PMK
PROFESSIONAL INC. FOR THE CIP 07-649 COMMUNITY CENTER
SOUND WING REWIRING AS COMPLETE; AUTHORIZE THE MAYOR TO
SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO
RELEASE PAYMENT TO PMK PROFESSIONAL INC. (5% RETAINED FOR
35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION).
Memorandum from Public Works Director Frank Senteno dated July 15, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Accept the work performed by PMK Professional, Inc. for the CIP 07-649
Community Center Sound Wing Rewiring as complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to PMK Professional, Inc. (5% retained
for 35 days following filing of Notice of Completion).
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(j) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY TIDAL
MARINE CONSTRUCTION FOR THE CIP 11-652 HERMOSA BEACH
MUNICIPAL PIER STRUCTURAL REPAIRS AS COMPLETE; AUTHORIZE
THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE
STAFF TO RELEASE PAYMENT TO TIDAL MARINE CONSTRUCTION
(5% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF
COMPLETION). Memorandum from Public Works Director Frank Senteno
dated July 15, 2013.
Action: To approve the staff recommendation to:
1) Accept the work performed Tidal Marine Construction for the CIP 11-652
Hermosa Beach Pier Structural Repairs as complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to Tidal Marine Construction (5%
retained for 35 days following filing of Notice of Completion).
(k) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE CITY'S
• BAIL SCHEDULE RELATIVE TO VIOLATIONS BY TAXICAB OPERATORS
AND MOBILE FOOD VENDORS. Memorandum from City Clerk Elaine
Doerfling dated July 17, 2013.
City Council Minutes 07-23-13 Page 13750
(1)
(m)
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To adopt Resolution No. 13-6870, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE CITY'S BAIL SCHEDULE RELATIVE TO VIOLATIONS
BY TAXICAB OPERATORS AND MOBILE FOOD VENDORS," as
recommended.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
RECOMMENDATION TO ACCEPT DONATIONS OF $1,450.00 FROM THE
HERMOSA BEACH ROTARY CLUB FFD, INC. TO BE USED FOR A
CHILDRENS' PLAY FIRE ENGINE FOR PLAYGROUND AND $2,406.72
FROM HELENE LIEBERMAN TO BE USED TO PURCHASE TABLES FOR
THE SENIOR ACTIVITY CENTER. Memorandum from Finance Director
Viki Copeland dated July 18, 2013.
Action: To accept the following donations:
- $1,450 from the Hermosa Beach Rotary Club, FFD, Inc. to be used for
a children's play fire engine for a City playground; and
$2,406.72 from Helene Lieberman to be used to purchase tables for
the Senior Activity Center.
RECOMMENDATION TO ADOPT RESOLUTION AMENDING MASTER FEE
SCHEDULE PROVIDING FEES FOR NEW OUTDOOR FITNESS PERMIT.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
July 23, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To adopt Resolution No. 13-6871, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE CITY'S MASTER FEE RESOLUTION 11-6749 BY
ADDING FEES FOR OUTDOOR FITNESS PERMITS," as recommended by
staff.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
At 7:33 p.m., the order of the agenda moved to item 5(a).
3. CONSENT ORDINANCES
a. ORDINANCE NO. 13-1343 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S MUNICIPAL
CODE TO ESTABLISH A PERMIT REQUIREMENT FOR OUTDOOR
COMMERCIAL FITNESS INSTRUCTION." For adoption. Memorandum
from City Clerk Elaine Doerfling dated July 17, 2013.
City Council Minutes 07-23-13 Page 13751
•
City Clerk Doerfling presented the ordinance for waiver of full reading and
adoption, noting that it had been introduced at the last meeting by a
unanimous vote. City Attorney Jenkins responded to Council questions.
Action: To approve the staff recommendation to waive full reading and adopt
Ordinance No. 13-1343, entitled "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S MUNICIPAL
CODE TO ESTABLISH A PERMIT REQUIREMENT FOR OUTDOOR
COMMERCIAL FITNESS INSTRUCTION."
Motion Fishman, second Duclos. The motion carried by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(i), (k) and (m) were heard at this time but are shown in order for
clarity.
• Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
•
At 11:24 p.m., the order of the agenda moved to item 8(a).
5. PUBLIC HEARINGS
a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION
RESOLUTION 13-13 APPROVING A PRECISE DEVELOPMENT PLAN TO
ALLOW A 29,544+ SQUARE FOOT HOTEL WITH 30 ROOMS AND
COMMON AREAS ON AN UNDEVELOPED 11,516+ SQUARE FOOT LOT
AT 1429 HERMOSA AVENUE; CONDITIONAL USE PERMIT TO ALLOW
ON -SALE GENERAL ALCOHOL FOR HOTEL GUESTS IN GUEST ROOMS
(MINI -BARS); PARKING PLAN TO ALLOW A VALET PROGRAM AND
PARKING IN TANDEM; AND ADOPTION OF A MITIGATED
ENVIRONMENTAL NEGATIVE DECLARATION AT 1429 HERMOSA AVE.
Memorandum from Community Development Director Ken Robertson dated
July 16, 2013. Supplemental letter from Howard Longacre and supplemental
information from Director Robertson, both received July 23, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
At the request of Mayor Bobko, project architect Luis de Moraes came
forward and discussed revisions made to the plans (on display), which allow
City Council Minutes 07-23-13 Page 13752
s
•
for more parking stalls; said Linscott, Law and Greenspan Engineers, one of
the top parking/engineering firms in the country, had been hired to consult on
the project; spoke of additional revisions to the plans in the way of smoking
areas, noise reduction and lighting; and answered Council questions.
Clare Look -Jaeger, PE, Linscott, Law and Greenspan Engineers, discussed
in more detail the parking revisions made by the applicant; spoke of methods
used to determine the project's parking requirements; and responded to
Council questions.
Raju Chhabria, applicant, respond to Council questions.
The public hearing opened at 8:22 p.m. Coming forward to address the Council on
this item were:
Sheryl Main - Hermosa Beach, expressed concern about increasing traffic in
the area, including delivery and construction vehicles, given how busy
it already is on Hermosa Avenue; asked about the usage of common
rooms, and parking to accommodate visitors of hotel guests;
Christy McCartney - Hermosa Beach, asked how many metered parking
spaces would be removed to accommodate the project, expressing
concern about the resulting increase to existing parking issues;
Alan Lang - Hermosa Beach, said just as the Manhattan Beach Shade Hotel
had a positive impact, this project could do the same for Hermosa;
Sean Chaney - Hermosa resident/owner of Hot's Kitchen, said a boutique
hotel would help legitimize the City and would be a nice replacement
for the current million -dollar weed garden;
Betty (no last name given) - Hermosa Beach, said the project should not be
compared to the Beach House, which is in a commercial area; said this
project would increase traffic and result in less metered street parking
for residents, and the hotel lighting will reflect into homes; spoke of the
need for residents and businesses to co -exist peacefully;
Bob Rasmussen - Hermosa Beach, said the proposal is a quiet, high-class
hotel, a great improvement for the neighborhood and the community;
said speeding traffic would not be an issue;
Howard Longacre - Hermosa Beach, said the drawings did not accurately
depict the residential neighborhood on three sides of the site, and the
hotel was too large; recalled controversial hotel proposals of the 70s
and 80s and the ordinance adopted in 1991 to downsize density and
height throughout the town; urged a continuance to allow for public
review of supplementals made available one hour before the meeting;
Jim (last name indistinct) - Hermosa Beach, said the proposed hotel is too
Targe for the site, which is surrounded by residences; said valet parking
would not be used even if it is offered free, thus creating more parking
problems; also opposed tandem parking on the site;
Betsy Ryan - Hermosa Beach, likened the hotel project to the Shade Hotel in
Manhattan Beach, saying it would be good for Hermosa and add to the
City's tax base; suggested offering tax incentives in exchange for more
parking spaces; urged support for the City's small businesses; agreed
City Council Minutes 07-23-13 Page 13753
•
•
•
with a previous speaker that meters near the Bottle Inn should allow for
earlier resident parking; and
Sam Perotti — Hermosa Beach, Planning Commissioner, said when this item
was pulled for Council review and reconsideration, he was offended by
Council comments questioning the Commissions' preparedness at its
June 18 meeting when the item was considered.
The public hearing closed at 8:50 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6865, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO SUSTAIN, WITH AMENDMENT,
THE PLANNING COMMISSION APPROVAL OF A PRECISE
DEVELOPMENT PLAN TO ALLOW A 29,544± SQUARE FOOT HOTEL
WITH 30 GUEST ROOMS AND COMMON AREAS ON AN UNDEVELOPED
11,516± SQUARE FOOT LOT; CONDITIONAL USE PERMIT TO ALLOW
ON -SALE GENERAL ALCOHOL FOR HOTEL GUESTS IN GUEST ROOMS
RESTRICTED TO MINI -BARS; PARKING PLAN TO ALLOW A VALET
PROGRAM AND PARKING IN TANDEM; AND ADOPTION OF MITIGATED
ENVIRONMENTAL NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN, AT 1429 HERMOSA AVENUE, LEGALLY
DESCRIBED AS LOTS 15 THROUGH 18, BLOCK 15, CITY OF HERMOSA
BEACH," as presented in the supplemental staff document.
Motion Fishman, second Tucker. The motion carried, noting the dissenting
vote of Duclos.
6. MUNICIPAL MATTERS
a. REPORT OF JULY 4, 2013 ACTIVITIES. Memorandum from Interim Police
Chief Michael McCrary dated July 16, 2013.
Interim Police Chief McCrary presented the staff report and responded to
Council questions. Fire Chief David Lantzer also presented information and
responded to Council questions.
No one came forward to address the Council on this item.
Mayor Bobko suggested that staff create a 4th of July checklist, to include this
year's successful practices, to allow earlier preparation for future holidays.
Action: To receive, approve and file the report.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
The meeting recessed at 9:45 p.m.
The meeting reconvened at 9:58 p.m.
b. BAR AND TAVERN UPDATE. Memorandum from Interim Police Chief
Michael McCrary dated July 16, 2013.
City Council Minutes 07-23-13 Page 13754
•
•
•
Interim Police Chief McCrary presented the staff report and responded to
Council questions. City Attorney Jenkins also responded to Council
questions.
No one came forward to address the Council on this item.
Action: To receive, approve and file the report.
Motion Duclos, second DiVirgilio. The motion carried by a unanimous vote.
c. EXTEND CITY FEE WAIVERS, REDUCTIONS AND INCENTIVES FOR
PHOTOVOLTAIC SOLAR PROJECTS, SMALL WIND ENERGY SYSTEMS,
ENERGY UPGRADE CALIFORNIA AND HERO PROJECTS, AND OTHER
INCENTIVES TO ADVANCE SUSTAINABILITY. Memorandum from
Community Development Director Ken Robertson dated July 17, 2013.
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, former chairman of the now -defunct Green
Building Committee, commended the City for committing in 2006 to the
Cool Cities Initiative and offering incentives; expressed disappointment
that more people do not participate in these energy-saving programs;
suggested the City do more to spread the word to residents.
Action: To approve the staff recommendation to extend the following
incentives and report back to the Council in two years:
1. Waive preferential parking permit fees for 100% alternative fuel
vehicles (100% electric, fuel cell, CNG vehicles, or other technologies
not utilizing fossil fuels.)
2. Rebate building permit fees for service upgrades for 100% alternative
fuel vehicles (e.g., electric charging, CNG).
3. Rebate 50% of building permit plan check/inspection fees (charging
only the outside plan check fees) for improvements that: (A) directly
and substantially increasing energy efficiency (such as at least 15%
above city codes) for buildings constructed earlier than 2000, (B)
incentivize LEED or Build -It -Green Program certification (directly and
substantially increase energy efficiency, water conservation and/or
waste reduction), or (C) otherwise involve improvements that will make
a significant contribution, exceed code requirements, or are early
adoption -type behaviors. The Community Development Director shall
make determinations.
4. Rebate 50% of building permit plan check/inspection fees for retrofit
improvements that quality for Energy Upgrade California or HERO
program funding, charging only the outside plan check fees if
applicable.
City Council Minutes 07-23-13 Page 13755
•
•
5. Rebate the Planning and Building permit fees associated with
installation of photovoltaic systems, excluding building permit fees to
upgrade the structure to accommodate the system.
6. Waive the Planning permit fees associated with installation of a small
wind energy systems, and rebate the Building permit fees (excluding
building permit fees to upgrade the structure to accommodate the
system), charging only the contract service, outside agency and
outside service fees the City or applicant are required to pay.
7. Provide priority permit processing for all of the above.
Motion DiVirgilio, second Duclos. The motion carried by a unanimous vote.
d. ADOPT RESOLUTION CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA
HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION
RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE AND APPROVING AN AMENDMENT TO A CERTAIN
JOINT POWERS AGREEMENT RELATED THERETO. Memorandum from
Community Development Director Ken Robertson dated July 16, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
Dustin Reilich, Director of Municipal Development, Western Riverside Council
of Governments, came forward at the request of Director Robertson and
spoke of the Home Energy Renovation Opportunity (HERO) Program, noting
that Hermosa is the second city in the South Bay to implement the program.
Action: To adopt Resolution No. 13-6866, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S
JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE
AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED
THERETO," as recommended by staff.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
At 11:09 p.m., the order of the agenda moved to item 4, items pulled from the
Consent Calendar.
e. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
McDANIEL LAMBERT, INC. TO PREPARE A HEALTH IMPACT
ASSESSMENT OF THE E&B NATURAL RESOURCES MANAGEMENT
CORP. PROPOSED OIL AND GAS PRODUCTION PROJECT.
Memorandum from Community Development Director Ken Robertson dated
July 16, 2013.
City Council Minutes
07-23-13 Page 13756
• Community Development Director Robertson presented the staff report and
responded to Council questions.
Coming forward to address the Council on this item was:
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, asked the
dates of the scoping meetings for the Health Impact Assessment and
Cost/Benefit Analysis.
Action: To approve a Professional Services Agreement with McDaniel
Lambert to prepare a Health Impact Assessment to evaluate the potential
community health impacts associated with the proposed oil and gas
production project for a cost of $69,385, as recommended by staff, amended
to include direction to staff to create and make available to residents a master
calendar of all upcoming scheduled meetings and events related to the
proposed oil project.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
f. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
KOSMONT COMPANIES TO PREPARE A COST/BENEFIT ANALYSIS OF
THE E&B NATURAL RESOURCES MANAGEMENT CORP. PROPOSED
OIL AND GAS PRODUCTION PROJECT. Memorandum from Community
Development Director Ken Robertson dated July 16, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins and City Manager
Bakaly also responded to Council questions.
Coming forward to address the Council on this item was:
Nanette Barragan — Hermosa Beach, said the cost/benefit analysis should
factor in the City's potential litigation costs stemming from claims of
chronic illnesses should the oil project go through;
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, asked about a
scoping meeting for this analysis; said Mayor pro tem Divirgilio's idea
of a master schedule will help residents plan for participation; and
Stacey Armato — Hermosa Beach, asked if the City would be reimbursed by
E&B Natural Resources for the cost of this analysis; said the City
should not have to pay for it.
g.
Action: To approve a Professional Services Agreement with Kosmont
Companies to prepare a Cost/Benefit Analysis to evaluate the economic and
fiscal consequences of a yes or no vote on the proposed oil and gas
production project for a cost of $125,000, as recommended by staff.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
CONSIDERATION OF SPECIAL EVENT SHUTTLE SERVICE FOR
SUMMER CONCERTS AND LABOR DAY FIESTA. Memorandum from
Assistant to the City Manager Diane Strickfaden dated July 23, 2013.
City Council Minutes 07-23-13 Page 13757
• Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions.
•
•
Coming forward to address the Council on this item was:
Jim Lissner — Hermosa Beach, urged the Council to not allow the use of
shuttles powered by diesel, which is poisonous.
Action: To receive and file the staff report, and direct staff to come back next
year with a more detailed plan to implement shuttle service for the Summer
Concerts and Labor Day Fiesta.
Motion Bobko, second DiVirgilio. The motion carried, noting the dissenting
votes of Duclos and Fishman.
h. ADOPTION OF A RESOLUTION TO PLACE ON THE BALLOT OF THE
GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2013 A PROPOSED
ORDINANCE SUBMITTED BY PETITION TO REDUCE THE POST -
MIDNIGHT OPERATING HOURS OF SPECIFIED BUSINESSES IN THE
CITY'S DOWNTOWN AREA, AND RESOLUTIONS RELATED TO DIRECT
ARGUMENTS AND REBUTTALS. Memorandum from City Clerk Elaine
Doerfling dated July 17, 2013.
City Clerk Doerfling presented the staff report and responded to Council
questions. City Manager Bakaly and City Attorney Jenkins also responded to
Council questions.
No one came forward to address the Council on this item.
Proposed Action: To adopt the three resolutions to (1) place the measure
on the ballot; (2) provide for the filing of rebuttal arguments; and (3) direct the
City Attorney to prepare an impartial analysis, without authorizing the Council
to file a written argument against the measure.
Motion Duclos, second Fishman. The main motion was subsequently
amended twice, as follows.
Action: To amend the main motion to authorize a Council argument against
the measure to be made collectively, from the body as a whole rather than
individually signed by the five members, with "City Council of the City of
Hermosa Beach" to appear as author (on one of the five signature lines).
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
Further Action: To authorize Mayor pro tem DiVirgilio, the sole volunteer, to
a subcommittee of one to prepare the argument against the measure and file
it on behalf of the City Council as a whole.
Motion DiVirgilio, second Mayor Bobko. The motion carried by a unanimous
vote.
City Council Minutes
07-23-13 Page 13758
•
•
•
Final Action: To approve the main motion, restated as amended to authorize
a Council argument against the measure to be prepared and filed by Mayor
pro tem DiVirgilio on behalf of the City Council as a whole, with adoption of
the following resolutions:
a) Resolution No. 13-6867, entitled "A RESOLUTION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO
THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE,
SUBMITTED BY PETITION AND RELATING TO THE POST -MIDNIGHT
OPERATING HOURS OF SPECIFIED BUSINESSES IN THE CITY'S
DOWNTOWN AREA, AT THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMEBER 5, 2013, AS CALLED BY CITY
COUNCIL RESOLUTION NO. 13-6858";
b) Resolution No. 13-6868, entitled "A RESOLUTION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING A MEASURE TO BE
SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 5, 2013, AND DIRECTING THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS"; and
c) Resolution No. 13-6869, entitled "A RESOLUTION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR A MEASURE TO BE SUBMITTED AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2013."
The main motion, as amended, carried by a unanimous vote.
At 11:20 p.m., the order of the agenda moved to item 3(a).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. BOARD/COMMISSION EXPIRATION OF TERMS — PARKS, RECREATION
AND COMMUNITY RESOURCES ADVISORY COMMISSION
APPOINTMENTS. Memorandum from City Clerk Elaine Doerfling dated July
15, 2013.
City Clerk Doerfling presented the report, responded to Council questions,
and distributed a ballot to each Councilmember, who then marked their three
choices, using the weighted vote system, and passed their ballots to the City
Clerk, who read aloud and tallied the votes and announced the three top
candidates, shown below.
Action: To appoint Jeff Maxwell, Dylan Lauzon and Jani Lange to fill the
three expired terms on the Parks, Recreation and Community Resources
Advisory Commission for four-year terms ending June 30, 2017.
City Council Minutes
07-23-13 Page 13759
b. VACANCIES - BOARDS AND COMMISSIONS - CIVIL SERVICE BOARD
• UNEXPIRED TERM ENDING JULY 15, 2014. Memorandum from City Clerk
Elaine Doerfling dated July 15, 2013.
•
•
City Clerk Doerfling presented the report and responded to Council questions.
Action: It was the consensus of the City Council to direct the City Clerk to
advertise a Civil Service Board vacancy inviting applications from persons
interested in being appointed to fill an unexpired term ending July 15, 2014.
9. OTHER MATTERS - CITY COUNCIL
a. Request from Councilmember Duclos for the City Council to call a
special meeting to consider placing on the ballot a measure to give
authority to the City Council to increase the transient occupancy tax at a
future date.
Councilmember Duclos spoke to his request.
Action: To direct staff to call a special meeting to consider placing on the
ballot a measure to give authority to the City Council to increase the transient
occupancy tax at a future date.
Motion Duclos, supported by Fishman and Tucker, who subsequently
withdrew his support. The motion failed to garner majority support.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, July 23, 2013, at the hour of 11:27 p.m. to the
Regular meeting of Tuesday, August 13, 2013.
Deputy City Clerk
City Council Minutes
07-23-13 Page 13760
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, August 13, 2013, at the hour of 6:07
p.m.
•
•
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 9, 2013.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 1301 Hermosa Ave
City Negotiator: City Manager
Negotiating Parties: Verizon; Unison
Under Negotiation: Price & Terms of Payment of cell site lease
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(d)(1)
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: Hunter v. City of Hermosa Beach
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, August 13, 2013, at the hour of 6:08
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 7:00 p.m.
PLEDGE OF ALLEGIANCE — Staff Sergeant/SSG Jonathan Ernst
City Council Minutes 08-13-13 Page 13761
•
At 7:02 p.m., Mayor Bobko suspended the order of the agenda to move forward all
presentations at this time. He first made a non-agendized presentation to the Los
Angeles Kings, followed next by the two presentations listed on the agenda, all of
which are shown in the order taken under "Presentations."
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
received, no agenda items added, and no reportable actions taken.
ANNOUNCEMENTS — Councilmember Duclos thanked Nancy Comaford, property
owner, who vowed to keep the Green Store in operation (under new business
ownership), for as long as she owns the property.
Councilmember Fishman welcomed Ragin' Cajun Cafe's official return to Hermosa
at Suzy's Bar & Grill, encouraging patronization of the restaurant at its new location.
Councilmember Tucker thanked Public Works for fixing City streets and commended
the Council for making continual street improvements a funding priority, noting how
much had been accomplished in the last fiscal year.
• PRESENTATIONS
•
CERTIFICATES HONORING
JARRET STOLL AND MATT GREENE
AND THE LOS ANGELES KINGS ORGANIZATION
Mayor Bobko called forward Hermosa residents Jarret Stoll and Matt Greene of the
Los Angeles Kings, recalling that 10,000 people showed up last June on Pier Plaza
to celebrate the Kings' championship and see the Stanley Cup; spoke of a special
relationship between the Kings and Hermosa, expressing appreciation for what the
team has done for the community. He read aloud and presented the certificates
honoring the team as Stanley Cup Champions to the two athletes and the Kings
organization as a whole, accepted by Kelly Cheeseman, COO of the Kings.
CERTIFICATE OF COMMENDATION TO
OFFICER MIKE GAGLIA
HERMOSA BEACH POLICE DEPARTMENT
Interim Police Chief Mike McCrary spoke of Officer Gaglia's heroic actions, which
saved the life of an elderly man who presented with no pulse, adding that his
lifesaving efforts, while awaiting the arrival of paramedics, inspired emails from
witnesses to the incident and from the hospital to which the patient was taken.
Mayor Bobko presented the Certificate to Officer Gaglia in recognition of his heroic
actions.
City Council Minutes 08-13-13 Page 13762
•
PRESENTATION BY
SSG JONATHAN ERNST, US ARMY RECRUITER
TORRANCE ARMY CAREER CENTER
Staff Sergeant Jonathan Ernst thanked Mayor Bobko for allowing him to publically
recognize the youth of Hermosa who have enlisted in the Armed Forces, inviting two
of them forward to introduce to the community, and thanked by name all Hermosa
residents who had enlisted over the last two years. He said the recruiting office is
located in Suite 262 of Del Amo mall, noting that he placed information in the foyer
for interested parties.
Mayor Bobko thanked Staff Sergeant Ernst for his service.
At 7:11 p.m., the order of the agenda returned to Roll Call/Closed Session
Report/Announcements.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Alison Diaz - Hermosa Beach, expressed concern about the City -run after-
school programming; said her third-grade daughter has been on a wait
list since February and this month moved up from 24 to 20 on the list;
said more people would use the program if it was easier to get a spot
(City Manager Bakaly was directed to review options and report back
on the issue with possible solutions);
Eric Lawrence - Hermosa Beach, spoke of witnessing bicyclists who ignore
traffic signals, creating dangerous situations, and urged enforcement;
asked if a study had been done on an issue raised earlier with regard
to controlling runoff water on alleys that are not curved/sloped to direct
water runoff to the center of the alley, noting serious problems (City
Manager Bakaly said staff would look into the issue);
Dan Andreiu - Hermosa Beach, said the owner of a seven -unit apartment
building at 2231 Hermosa Avenue is running a de facto hotel, with lots
of Internet advertising (City Manager Bakaly said staff would look into
the matter); and
Nanette Barraoan - Hermosa Beach, Friends of the Park, announced the
showing of "Soul Surfer" at the annual "Movie in the Park" event on
Saturday, August 24, starting at 4 p.m. in Valley Park, featuring food,
popcorn, raffles, and lots of family activities, including music and kids'
karaoke, followed by the movie at dusk; reminded residents to bring
blankets or chairs and noted the suggested donation of $5 for adults,
$3 for children, and $20 for families of five.
(a) Letter from George Schmeltzer dated August 6, 2013 regarding selection
of the Hermosa Beach Chief of Police.
City Council Minutes 08-13-13 Page 13763
•
•
Coming forward to address the Council on this issue was:
George Schmeltzer — Hermosa Beach, amplified on concerns expressed in
his letter about the Mayor publicly stating support for a particular police
chief candidate in a July 27, 2013 Los Angeles Times article,
undermining the chain of command specified in the City's Municipal
Code; said the Mayor's conduct should be addressed by the Council.
Councilmember Duclos said the Mayor should apologize to the City Council and the
City Manager. Council discussion ensued.
Proposed Action: To receive and file the letter.
Motion DiVirgilio. The motion, which had not received a second, was replaced by
the following substitute motion.
City Attorney Jenkins responded to Council questions.
Action: To direct staff to prepare, for Council consideration at the next meeting of
September 10, 2013 (a date changed at the end of the meeting under Other Matters
to the meeting of September 24), a resolution of censure against Mayor Bobko for
acting in complete disregard by endorsing a particular candidate for police chief in
violation of the City's Municipal Code.
Motion Duclos, second Fishman. The motion carried, noting the dissenting votes of
DiVirgilio and Mayor Bobko.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (h)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(d) and 2(e) Tucker.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON APRIL 23, 2013.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of April 23, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13718,
27176, 71155 THROUGH 71418, 145164, 161425, 178790, 329322,
730742, 733915, 737459, 737614, 739102 AND 739181, AND TO
APPROVE CANCELLATION OF CHECK NOS. 68959 AND 71106 AS
RECOMMENDED BY THE FINANCE DIRECTOR.
Action: To ratify the check register and approve the cancellation of certain
• checks, as recommended by Finance Director Copeland.
City Council Minutes
08-13-13 Page 13764
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
1111 AGENDA ITEMS.
•
•
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PCH/AVIATION IMPROVEMENT COMMITTEE MEETING OF
AUGUST 1, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
City Manager Bakaly and City Attorney Jenkins responded to Council
questions.
Coming forward to address the Council on this item were:
George Barks — Aesthetics Committee chair, said the PCH/Aviation
Committee unanimously voted against disbanding until the
improvement project is fully implemented, noting a lot of work still
needs to be done; and
John Bowler— Hermosa Beach, said the Committee, comprised of volunteers
who donate their time and expertise, should be kept on board for as
long as possible, since they reduce the need to hire more consultants.
Action: To receive and file the action minutes of the PCH/Aviation
Improvement Committee meeting of August 1, 2013, with direction to staff to
bring the concept plan and committee recommendations before the Planning
Commission and Public Works Commission for review and input.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
(e) RECOMMENDATION TO APPROVE THE SPECIAL EVENT APPLICATION
FOR THE BLUE ZONES PROJECT EXPO AND SPEAKER SERIES
SCHEDULED FOR OCTOBER 12, 2013. Memorandum from Assistant to the
City Manager Diane Strickfaden dated August 13, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
City Manager Bakaly responded to Council questions, saying there would be
no conflict with the "Great Hermosa Beach Pumpkin Patch" event already
scheduled for the same day.
Action: To approve the Special Event Application for the Blue Zones Project
Expo and Speaker Series scheduled for October 12, 2013, as recommended
by staff, with a deposit fee of $1,750 for staff costs and the refund of any
unused portion of that deposit fee.
Motion Tucker, second Duclos. The motion carried by a unanimous vote.
City Council Minutes
08-13-13 Page 13765
•
•
(f)
(g)
RECOMMENDATION TO APPROVE THE SPECIAL EVENT APPLICATION
FOR THE EMERGENCY PREPAREDNESS FAIR ON OCTOBER 19, 2013,
INCLUDING WAIVER OF THEIR SPECIAL EVENT FEES. Memorandum
from Assistant to the City Manager Diane Strickfaden dated August 13, 2013.
Action: To approve the Special Event Application for the Emergency
Preparedness Fair on October 19, 2013, including waiver of their Special
Event fees, as recommended by staff.
RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP
#71965 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 122 MANHATTAN
AVENUE. Memorandum from Community Development Director Ken
Robertson dated August 5, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6872, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
71965 FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM,
LOCATED AT 122 MANHATTAN AVENUE IN THE CITY OF HERMOSA
BEACH, CALIFORNIA."
(h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP
#71768 FOR A 3 -UNIT CONDOMINIUM PROJECT AT 1101 CYPRESS
AVENUE. Memorandum from Community Development Director Ken
Robertson dated August 5, 2013.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6873, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
71768, FOR THE SUBDIVISION OF A THREE -UNIT CONDOMINIUM,
LOCATED AT 1101 CYPRESS AVENUE IN THE CITY OF HERMOSA
BEACH, CALIFORNIA."
3. CONSENT ORDINANCES — 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.
5. PUBLIC HEARINGS — None
• 6. MUNICIPAL MATTERS
City Council Minutes
08-13-13 Page 13766
a. DIRECTION ON INITIATING AN AMENDMENT TO THE MUNICIPAL CODE
• ICHAPTER 17.50) REGULATING SIGNS FOR AUTO SALES LOTS.
Memorandum from Community Development Director Ken Robertson dated
August 6, 2013. Supplemental email from Andrea Jacobsson received
August 13, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
George Barks — said the Council should not initiate a Code amendment at this
time, but should consider the administrative approval of temporary
signs by the Community Development Department; said businesses
need to attract customers and JAMA's signs are nice;
Lars Jacobsson — JAMA Auto House, Hermosa Beach, said he has been in
business for 30 years and the auto dealer business is unique;
Nanette Barragan — Hermosa Beach, suggested that the City be more
accommodating and business friendly in order to attract new
businesses;
Lena Mardikian-Manuelian — Dr. Auto Tech, Hermosa Beach, said her signs
attract a lot of highway traffic and expressed concern about losing the
majority of her clients without adequate signage; said she opened her
business here in 1969 and had no plans to move;
Andrea Jacobsson — JAMA Auto House, said the City should not ignore the
businesses and should look at what goes on in other cities; said
JAMA's banners, which were expensive and required installation, are
permanent, not temporary; spoke of the importance of signage for auto
dealer businesses;
Mike Collins — Hermosa Beach, said he has never been bothered by any auto
dealer banners on Pacific Coast Highway; said signage was a way to
draw in business and business owners should be able to keep them;
Dan Andreiu — Hermosa Beach, said he worked as a consultant for JAMA
Auto House; said signage is important for attracting customers from
the highway; urged reviewing the use of banners by businesses in
surrounding cities; and
Ken Hartley — Hermosa Beach, spoke of a similar issue when he was 17 and
working in a New Jersey cheese shop, resulting in his hours being cut
and his need to find work elsewhere; said all cities need business.
Action: To impose a six-month moratorium and let members of the business
community form a committee to develop a signage proposal for all of Pacific
Coast Highway.
Motion Tucker, second Duclos. The motion carried, noting the dissenting
votes of Bobko and DiVirgilio.
The meeting recessed at 9:10 p.m.
The meeting reconvened at 9:20 p.m.
City Council Minutes 08-13-13 Page 13767
• 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
•
a. STATUS REPORT ON CITY COUNCIL REVISED ACTION AGENDA.
Memorandum from City Manager Tom Bakaly dated August 6, 2013.
City Manager Bakaly reviewed the report, with the assistance of intern Nico
De Anda-Scaia, who conducted a PowerPoint presentation, and responded to
Council questions.
Action: To receive and file the status report.
Motion Fishman, second Duclos. The motion carried by a unanimous vote.
b. POWER OUTAGES — RELIABILITY OF SERVICE. Memorandum from City
Manager Tom Bakaly dated August 8, 2013.
City Manager Bakaly presented the report and responded to Council
questions.
Scott Gobble, Southern California Edison (SCE) Public Affairs Region
Manager, presented a status update of improvements on which Edison has
been working; spoke of the number of power outages affecting businesses on
Pier Plaza, and upgrades to the grid that feeds the business district; noted the
need for Edison to change out 40- and 50 -year-old poles.
Action: To approve the staff recommendation to:
1) Receive and file the report; and
2) Direct the City Manager to send a letter of support for AB66 — Electricity:
system reliability.
Motion Duclos, second Bobko. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL
a. Request from Mayor Pro Tem DiVirgilio to receive and file memorandum
dated August 7, 2013 regarding the Friends of Economic Development.
Mayor Pro Tem DiVirgilio spoke to his request.
Action: To receive and file the memorandum dated August 7, 2013
regarding the Friends of Economic Development.
The action was approved by Council consensus, with no objections.
• b. Request from Mayor Pro Tem DiVirgilio to direct staff to present the
PCH/Aviation project plans to the Planning Commission and the Public
City Council Minutes
08-13-13 Page 13768
Works Commission, and to then return to Council after digesting each
• commissions input and guidance.
•
Action: To direct staff to present the PCH/Aviation project plans to the
Planning Commission and the Public Works Commission, and to then return
to Council after digesting each commission's input and guidance.
This action had been unanimously approved earlier in the meeting as part of
the motion for item 2(d).
c. Having observed the process by which we hire director level positions,
Mayor Pro Tem DiVirgilio has concluded that the City would benefit from
codifying the process. As such, he requests to direct staff to return
with a formalized procedure for hiring the Chief of Police and other
director -level positions in the future. The proposed procedure should
include input from the City's Civil Service Board.
Mayor Pro Tem DiVirgilio spoke to his request.
Action: To direct staff to return with a formalized procedure for hiring the
Chief of Police and other director -level positions in the future. The proposed
procedure should include input from the City's Civil Service Board.
Motion DiVirgilio, supported by Mayor Bobko. The motion failed due to the
lack of majority support.
d. Request from Mayor Pro Tern DiVirgilio to direct staff to resume
providing a printed agenda packet to the Hermosa Beach Library as had
been done prior to the Council's transition to iPads.
Mayor Pro Tem spoke to his request.
Action: To direct staff to resume providing a printed agenda packet to the
Hermosa Beach Library as had been done prior to the Council's transition to
iPads.
Motion DiVirgilio, supported by Duclos and Fishman.
e. Request from Mayor Bobko to move consideration of a resolution of
censure against him to the meeting of September 24, 2013, as he will be
unable to attend the meeting of September 10, 2013.
Action: To reschedule the matter for the meeting of September 24, 2013.
Motion Mayor Bobko, supported by Tucker and Fishman.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, August 13, 2013, at the hour of 9:55 p.m. to the
Regular meeting of Tuesday, Sep,jember 10, 2013.
City Clerk
Deputy City Cler
City : ncil Minutes 08-13-13
Page 13769
•
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, September 10, 2013, at the hour of
6:08 p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker
Absent: Mayor Bobko
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
2. APPROVAL OF MINUTES: Closed Session meeting of August 13, 2013.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 1309 Bard Street
City Negotiator: City Manager
Negotiating Parties: Reddy Damonder P and Soumitri Trustees, Pati
Family Trust
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.
Initiation of Litigation: Government Code Section 54956.9(d)(4)
Number of Potential Cases: 1
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, September 10, 2013, at the hour of
6:09 p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour 7:01 p.m., the Closed Session
adjourned to the Regular Meeting, which was called to order at 7:06 p.m.
PLEDGE OF ALLEGIANCE — Steve Collins
• ROLL CALL:
Present: Duclos, Fishman, Tucker, Mayor pro tem DiVirgilio
Absent: Mayor Bobko
City Council Minutes 09-10-13
Page 13770
• CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
received, no agenda items added, and no reportable actions taken.
ANNOUNCEMENTS — Councilmember Fishman thanked Cary Bichlmeier for his
donation of police vests to Hermosa Beach officers.
Councilmember Tucker spoke of the passing of Body Glove co-founder (with his late
twin brother Bill) and Surfers Walk of Fame member Bob Meistrell, noting the
brothers' perfection of the modern-day wetsuit. He then spoke of the passing of
former Redondo Beach City Councilmember John Parsons, who helped lead the
fight to keep the Los Angeles Air Force Base in El Segundo from closing. He asked
that tonight's meeting be adjourned in memory of each of them.
In response to a request by Mayor pro tem DiVirgilio for clarification of questions
regarding the Community Dialogue survey, City Manager Bakaly explained that the
survey was intended for use by the consultants as a tool to determine priorities.
PRESENTATIONS
PRESENTATION BY PARTICIPANTS IN
"THIS IS MY CITY" SUMMER CAMP
• This item was continued to the City Council meeting of September 24, 2013.
PRESENTATION BY LEADERSHIP
HERMOSA BEACH CLASS OF 2013
Sandi Pfister, Leadership Hermosa president, announced the first annual Beach
B.A.L.L. (Bringing All Local Leaders Together), a fundraiser for alumni projects, on
Saturday, November 2, at St. Rocke; said nominations are being accepted for the
fourth annual Leadership Hermosa Emerging Leader Award, now expanded to
include three categories — adult (age 18+), youth (age 5-17), and local business/non-
profit organization — that have demonstrated leadership within the community;
presented nomination forms, noting the submission deadline of October 5.
Ryan Nowicki, class facilitator, discussed the annual Leadership training program;
spoke of the June 2013 ceremony for 21 graduates (citing each by name) whose
class project was "Walk Hermosa"; expressed appreciation for the ongoing support
by elected officials and City staff, citing by name those who participated as guest
speakers or in other capacities and crediting them with the success of the program;
said there were 24 members in the 2014 class program.
PRESENTATION OF HB2020 & BEYOND
OPEN HOUSE JULY 13, 2013
City Manager Bakaly said this item could not be presented this evening due to
technical difficulties, noting that the video was available on the City's website.
City Council Minutes 09-10-13 Page 13771
•
•
•
PRESENTATION BY STEVE COLLINS
OF HERMOSA CYCLERY AND CRAIG BARNES
OF MARINA BIKE RENTALS OF A
POLICE EQUIPPED BICYCLE TO THE
HERMOSA BEACH POLICE DEPARTMENT
Steve Collins presented the donated bicycle, outfitted with police lights and siren, to
Lieutenant Tom Thompson and Interim Police Chief Mike McCrary, noting that its
use for patrolling the community will save money and reduce the City's carbon
footprint. (Craig Barnes was unable to attend the meeting.)
Interim Police Chief McCrary thanked him for the donation, noting that this will be the
second bike for use by Hermosa's police.
PRESENTATION BY
SOUTHERN CALIFORNIA EDISON
Scott Gobble, Southern California Edison (SCE) Public Affairs Region Manager,
presented a status update of improvements on which Edison has been working, and
spoke of efforts to more easily and more quickly determine the location and cause of
problems; said residents affected by the June 26 outage would experience another
from 10 p.m. September 20, to 8 a.m. September 21, with advance notice to all; and
spoke of AB327, which would increase rates for coastal customers whose rates
were frozen and have not risen with inflation, and decrease inland area rates.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Gila Katz — Hermosa resident, police chaplain and Emergency Preparedness
Advisory Commissioner, joined at the podium by Pat Love, announced
tomorrow's Kiwanis Club's 9/11 memorial observation at 9 a.m., lunch
(RSVP at 310-374-4072) at 12 noon at the Kiwanis Club Hall, and the
placement of the memorial wreath on the 9/11 bench at 12:45 p.m.;
Nanette Barragan — Hermosa Beach, said she recently toured E&B Natural
Resources' Huntington Beach facility; noted a 2010 spill at the site and
the threat by a disgruntled former employee to blow up the facility after
being fired; urged a look at long-term health risks and recommended
the book "The Poisoning of Beverly Hills High School" by Joy Horowitz;
Rob Saemann — Hermosa Beach, spoke of excessive party noise from long-
term rentals in the City; said the problem persists despite frequent calls
to police because there are no real consequences for violators since
current fines are too low; recommended increasing the penalties;
Scott Gobble — Edison, confirmed that the planned power outage announced
by postcard for September 17 has been postponed to September 20,
City Council Minutes
09-10-13 Page 13772
and all 1,100 affected Hermosa residents will receive a new postcard
containing the correct outage information;
Mike Collins - Hermosa Beach, urged the Council to agendize the censure of
Mayor Bobko at the beginning of the next meeting to allow concerned
residents the opportunity to address the issue;
Jim Lissner - Hermosa Beach, suggested expanding the three-minute limit
applied to public participation speakers to those making presentations
as well; also suggested a calendar showing dates of the more relevant
meetings related to the various City studies underway (City Manager
Bakaly agreed with the centralized calendar suggestion; Mayor pro tem
DiVirgilio asked staff to report back on a time limit for presentations);
Barbara Ellman - Hermosa Beach, expressed concern about inaccuracy if
noise/traffic monitoring studies are performed over holiday weekends;
spoke of Athens Services regularly operating in the City Yard at 2 a.m.
(City Manager Bakaly said Athens halted the new equipment staging;
also said the baseline on noise levels would be addressed by the EIR);
Allan Mason - Hermosa Beach, asked if there would be revenue from the oil
drilling project and, if so, who would actually get it and at what cost;
said oil is a risky endeavor for anyone who cares about Hermosa;
Rob Espy - Hermosa Beach, asked that the Planning Commission meeting
minutes be removed from the Consent Calendar for discussion of item
10, a project that would block sunlight into his home and negatively
impact his learning -disabled children;
John Bowler - Hermosa Beach, urged the City Council to oppose AB327
(addressed earlier by Scott Gobble) because the measure punishes
citizens for being good conservationists; said the matter of censuring
the Mayor should be put to rest so the Council can get back to the
basics of governing;
George Barks - Redondo Beach, agreed with the previous speaker on the
issue of censuring the Mayor, saying the City has far too many more
important issues; urged the Council to seriously consider a motion to
remove the censure from the September 24 Council meeting agenda;
JR Reviczky - Hermosa Beach, said Athens Services has turned the Public
Works Yard into the Public Nuisance Yard by operating at all hours
and disturbing residents with backup alarms that are not needed with a
spotter; urged a Council review of the matter, giving residents the
opportunity to discuss the problem (Mayor pro Tem DiVirgilio said the
issue would be considered at the September 24 meeting but that staff
would address the problems in the meantime);
Ron Newman - Hermosa Beach, reminded everyone that the voters, not the
Council, will decide the oil drilling issue; said the Council voted on the
settlement to save the City from a potential 500 -million -dollar
judgment, which would have meant bankruptcy; and
Phil Friedl - Hermosa Beach, concerning agenda item 9.a. (Councilmember
Tucker's request to remove from the next agenda the previously
scheduled censure item), said although he understood the Council's
desire to put the censure issue behind it, there was no apology in the
letter from Mayor Bobko.
City Council Minutes 09-10-13 Page 13773
•
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m),
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(i) Duclos and 2(k) DiVirgilio.
Motion Tucker, second Fishman. The motion carried, noting the absence of
Mayor Bobko.
At 8:29 p.m., the order of the agenda moved to item 5(a).
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON MAY 14, 2013.
Action: To approve as presented the City Council minutes of the Adjourned
Regular meeting of May 14, 2013. (Bobko absent)
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 71419
THROUGH 71695, AND NOS. 153274, 156643, 175167, 175168, 176545,
176547, 176548, 176780, 187792, 203309, 203662, 203680, 203733,
203839, 203840, AND 1380892245.
• Action: To ratify the check register as presented. (Bobko absent)
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items. (Bobko absent)
(d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2013 FINANCIAL
REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and,
3) Investment report.
Action: To receive and file the July 2013 financial reports. (Bobko absent)
(e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
August 29, 2013.
(f)
Action: To approve the staff recommendation to receive and file the report
giving the status of capital improvements that are either under design or
construction as of July 31, 2013. (Bobko absent)
RECOMMENDATION TO APPROVE EXTENSION OF TOWING
CONTRACT AWARDED SEPTEMBER 13, 2011 TO FRANK SCOTTO
City Council Minutes 09-10-13 Page 13774
•
(g)
TOWING FOR THE SECOND OF TWO POTENTIAL ONE-YEAR
EXTENSIONS. Memorandum from Interim Police Chief Michael McCrary
dated August 27, 2013.
Action: To approve the extension of the contract awarded September 13,
2011 to Frank Scotto Towing for the second of two potential one-year
extensions, as recommended by staff. (Bobko absent)
RECOMMENDATION TO AUTHORIZE THE PURCHASE OF A NEW
POLICE VEHICLE TO REPLACE ONE WHICH WAS INVOLVED IN A
TRAFFIC ACCIDENT AND DETERMINED TO BE DAMAGED BEYOND
REPAIR AND APPROPRIATE FUNDS FROM THE ASSET FORFEITURE
FUND TO PURCHASE AND OUTFIT A NEW VEHICLE IN THE AMOUNT
OF $31,000. Memorandum from Interim Police Chief Michael McCrary dated
August 27, 2013.
Action: To approve the staff recommendation to authorize the purchase of a
new police vehicle to replace one which was involved in a traffic accident and
determined to be damaged beyond repair and appropriate funds from the
Asset Forfeiture Fund to purchase and outfit a new vehicle in the amount of
$31,000. (Bobko absent)
(h) RECOMMENDATION TO ADOPT RESOLUTIONS AUTHORIZING THE
Ill CITY OF HERMOSA BEACH TO JOIN THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY (CEDA) AS AN ASSOCIATE MEMBER,
JOINING THE FIGTREE PACE (PROPERTY ASSESSED CLEAN ENERGY)
PROGRAM, AUTHORIZING CEDA TO CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE CITY OF HERMOSA BEACH TO ALLOW
PROPERTY OWNERS TO VOLUNTARILY FINANCE RENEWABLE
ENERGY, ENERGY EFFICIENCY AND WATER EFFICIENCY
IMPROVEMENTS, APPROVING THE PARTICIPATION AGREEMENT
BETWEEN THE CITY AND CEDA AND RELATED ACTIONS, AND
DETERMINE THAT THESE ACTIONS ARE NOT A "PROJECT" UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA").
Memorandum from Community Development Director Ken Robertson dated
September 3, 2013.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6874, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF HERMOSA
BEACH IN THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY AND AUTHORIZING AND DIRECTING THE EXECUTION
OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO
ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY";
2) Adopt Resolution No. 13-6875, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
City Council Minutes 09-10-13 Page 13775
•
(i)
AUTHORIZING THE CITY OF HERMOSA BEACH TO JOIN THE
FIGTREE PACE PROGRAM AUTHORIZING THE CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY OF HERMOSA BEACH, AND AUTHORIZING RELATED
ACTIONS"; and
3) Determine that these actions are not a "project" under the California
Environmental Quality Act ("CEQA"). (Bobko absent)
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF AUGUST 20, 2013.
This item was pulled by Councilmember Duclos at the request of Rob Espy,
for separate discussion later in the meeting.
City Attorney Jenkins responded to Council questions.
Action: To assert jurisdiction over Planning Commission agenda item 12
(1238 Hermosa Avenue, "Cafe Boogaloo") and direct staff to schedule a
public hearing for Council's review and reconsideration of this item.
Motion Duclos, supported by Fishman. (Bobko absent)
• At 9:47 p.m., Mayor pro tem DiVirgilio recused himself from hearing Mr. Espy's
request due to the site's proximity to his home and left the dais and the room.
At the request of Councilmember Tucker, Rob Espy came forward to respond to
Council questions.
Further Action: To assert jurisdiction over Planning Commission agenda
item 10 (705 First Place) and direct staff to schedule a public hearing for
Council's review and reconsideration of this item.
Motion Duclos, supported by Tucker. (Bobko absent)
At 9:49 p.m., Mayor pro tem DiVirgilio returned to the dais.
(i)
Further Action: To receive and file the action minutes of the Planning
Commission Meeting of August 20, 2013.
Motion Tucker, second Fishman. The motion carried, noting the absence of
Mayor Bobko.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF JULY 17, 2013.
Action: To receive and file the action minutes of the Public Works
• Commission Meeting of July 17, 2013. (Bobko absent)
City Council Minutes
09-10-13 Page 13776
(k) RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION FOR
• ADMINISTRATIVE ANALYST. Memorandum from Assistant to the City
Manager Diane Strickfaden dated September 3, 2013.
(1)
• ( m )
This item was pulled by Mayor pro tem DiVirgilio at the request of City
Manager Bakaly for separate discussion later in the meeting.
Assistant to the City Manager Strickfaden noted a correction to the job
description, which should include the phrase "economic development."
Action: To approve, as recommended by staff, the class specification for
Administrative Analyst, as corrected this evening.
Motion Duclos, second Tucker. The motion carried, noting the absence of
Mayor Bobko.
RECOMMENDATION TO APPROVE THE CLASS SPECIFICATION
CHANGES FOR ASSISTANT ENGINEER AND ASSOCIATE ENGINEER.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
September 3, 2013.
Action: To approve the class specification changes for Assistant Engineer
and Associate Engineer, as recommended by staff. (Bobko absent)
RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP
#71937 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 1627 GOLDEN
AVENUE. Memorandum from Community Development Director Ken
Robertson dated September 5, 2013.
Action: To adopt Resolution No. 13-6876, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING FINAL PARCEL MAP NO. 71937, FOR THE SUBDIVISION
OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1627 GOLDEN AVENUE
IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (Bobko absent)
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(i) and (k) were heard at this time but are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
At 9:51 p.m., the order of the agenda moved to item 7(a).
5. PUBLIC HEARINGS
City Council Minutes 09-10-13 Page 13777
•
a. ADOPTION OF RESOLUTION APPROVING THE 5TH CYCLE (2013-2021)
HOUSING ELEMENT UPDATE TO THE HERMOSA BEACH GENERAL
PLAN AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION. Memorandum from Community Development Director Ken
Robertson dated September 3, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
The public hearing opened at 8:34 p.m. Coming forward to address the Council on
this item was:
Janice Yates — Marineland Mobile Home Park, thanked City staff, and Senior
Planner Pamela Townsend in particular, for a job well done.
The public hearing closed at 8:35 p.m.
Action: To adopt Resolution No. 13-6877, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING
THE FIFTH CYCLE AMENDMENT TO THE CITY OF HERMOSA BEACH
HOUSING ELEMENT OF THE GENERAL PLAN AND ADOPTING A
NEGATIVE DECLARATION."
Motion Duclos, second Tucker. The motion carried, noting the absence of
Mayor Bobko.
• 6. MUNICIPAL MATTERS
a. RECEIPT AND REVIEW OF A REPORT ON THE CLOSING HOURS
INITIATIVE SCHEDULED FOR THE NOVEMBER 5, 2013 REGULAR
ELECTION. Memorandum from Community Development Director
Ken Robertson, Interim Police Chief Michael McCrary, Finance Director
Viki Copeland and City Attorney Michael Jenkins dated September 5, 2013.
City Attorney Jenkins presented the report and responded to Council
questions. City Manager Bakaly, Finance Director Copeland, Interim Police
Chief McCrary and Lieutenant Tom Thompson also responded to Council
questions.
Coming forward to address the Council on this item were:
Ron Newman — Hermosa Beach, said passage of the measure would
negatively affect business revenue and property values and job losses
at impacted businesses would mean many current employees would
no longer be able to live or spend money in Hermosa; said the City will
be affected by investors no longer interested in Hermosa property due
to so many controls, especially with the revitalization plans proposed
for Redondo's waterfront; in response to a Council question, said he
did not keep time -dated receipts at his establishments;
Jim Lissner — Hermosa Beach resident/initiative proponent, referenced his
website www.guietnights.org for more information; said Hermosa is a
City Council Minutes 09-10-13 Page 13778
•
•
•
bedroom community and the downtown is a small section of town that
requires an inordinate amount of policing; took issue with the report's
omission of a finding that reduced operating hours will lessen police
time, noting that people currently hang around the area until 3 a.m. or
later; said earlier closings would cause partiers to move on to other
cities; and
George Barks — Hermosa Beach property owner, said the measure would not
mitigate the current problems downtown; said the City needs the large
tax base that these businesses provide; said the cost of police services
would remain the same, but the revenue from the businesses would
decrease.
Proposed Action: To receive and file the report and make it available on the
Elections portion of the website.
Motion Duclos, second Fishman. The motion was subsequently replaced by
the following motion.
Action: To receive and file the report; to direct staff to make the report
available on the Elections page of the City's website; and to further direct staff
to amend the report to broaden the range of scale, expanding the projections
to 30% and making all projections within the report clearer.
Motion Duclos, second Fishman. The motion carried, noting the absence of
Mayor Bobko.
At 9:45 p.m., the order of the agenda moved to item 4 (removed consent items).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. ICMA STUDY UPDATE. Memorandum from Fire Chief David Lantzer and
Interim Police Chief Michael McCrary dated September 3, 2013.
Interim Police Chief McCrary gave the staff report and responded to Council
questions. City Manager Bakaly and Fire Chief Lantzer also responded to
Council questions.
Coming forward to address the Council on this item was:
George Barks — Hermosa property owner/Redondo resident, said he shared
the Council's concerns, which are now all resolved.
Action: To approve staff recommendation to:
1) Receive and file update, including staff feedback received tonight; and
2) Approve a 60 -day extension of the contract, contingent upon receipt of a
data report by October 1, to enable time for City staff to further review
information and for the International City/County Management Association
(ICMA) to publish the final reports.
Motion DiVirgilio, second Fishman. The motion carried, noting the absence of
Mayor Bobko.
City Council Minutes
09-10-13 Page 13779
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
• CITY COUNCIL — None
•
•
9. OTHER MATTERS - CITY COUNCIL
a. In Tight of Mayor Bobko's letter dated September 5, 2013 concerning
selection of the Police Chief, Councilmember Tucker requests that the
Council direct the City Manager to remove from the agenda the censure
item previously scheduled for the September 24, 2013 regular City
Council meeting.
Councilmember Tucker spoke to his request.
Action: To direct the City Manager to remove from the agenda the censure
item previously scheduled for the September 24, 2013 Regular City Council
Meeting.
Motion Tucker, supported by DiVirgilio and Fishman.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of John Parsons and Bob Meistrell, on Tuesday,
September 10, 2013, at the hour of 10:20 p.m. to the Regular meeting of Tuesday,
September 24, 2013.
Deputy City Clerk
City Council Minutes
09-10-13 Page 13780
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, September 24, 2013, at the hour of
6:05 p.m.
•
•
PLEDGE OF ALLEGIANCE — Andrea Jacobson
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
STUDY SESSION ON PACIFIC COAST HIGHWAY/AVIATION BOULEVARD
(PCH/AVIATION) IMPROVEMENT COMMITTEE CORRIDOR BEAUTIFICATION
CONCEPT PLAN AND NEXT STEPS. Memorandum from Public Works Director
Frank Senteno and Community Development Director Ken Robertson.
Public Works Director Senteno presented the staff report and responded to Council
questions. Community Development Director Robertson and City Manager Bakaly
also responded to questions.
Sharp Stinson-Ure of Katherine Spitz Associates (KSA), the firm contracted to
provide architectural consulting services for the PCH/Aviation Beautification project,
reviewed the project scope and made a PowerPoint presentation highlighting the
findings and design concepts (identity elements, gateway monuments, pedestrian
safety, signage, lighting, medians, landscaping) that had been unanimously
approved by the PCH/Aviation Improvement Committee to guide the next phase of
development of the streetscape plan; and responded to Council questions.
Rock Miller, consulting traffic engineer, responded to Council questions regarding
bike lanes.
Councilmembers provided input on a range of issues including vandal -proof signage,
drought -tolerant landscaping, use of consistent fixtures for replacement purposes,
creation of pedestrian refuges and green space on Aviation, colors that complement
the existing brown/yellow street signs, consideration of new development standards,
and making infiltration a primary element of the project.
Action: To support the PCH/Aviation Improvement Committee's recommended
beautification plan at this concept stage and direct staff to finalize the concept plan
and proceed with design phases of the project, as recommended by staff.
Motion Duclos, second Fishman. The motion carried by a unanimous vote.
PUBLIC COMMENTS
Coming forward at this time to address the Council on Study Session items were:
Geoff Hirsch — commended the committee and consultant, urged keeping the
traditional City logo; suggested using the bike rack design of the 2011
Leadership Hermosa project;
City Council Minutes
09-24-13 Page 13781
•
•
Sheryl Main - PCH/Aviation Committee member, expressed pride in the great
job done by the consultant and the hard work of the Committee, whose
members did a lot of outreach;
George Barks - PCH/Aviation Committee member, thanked the Council for its
input; said the consultant and Committee members worked very hard;
agreed fixtures should be consistent with those on Upper Pier Avenue;
Sam Perrotti - Aesthetics Subcommittee member, agreed with the fixtures on
Aviation being consistent with Upper Pier, but said PCH should have
something different; also supported having a variety of colors;
Dean Nota - PCH/Aviation Committee member, said he had also served on
the Upper Pier Avenue Committee; supported development standards
to have more green space; agreed with the importance of infiltration,
but noted that there will not be a complete engineering redo on PCH as
was done on Pier Avenue; and
Hany Fangary - Hermosa Beach, thanked the Committee and consultant,
supported the design concept and putting Hermosa's brand on PCH;
also urged the installation of security cameras on PCH.
City Clerk Doerfling noted a written communication from Howard Longacre received
September 23, 2013 concerning the noticing of this evening's study session agenda.
At 7:05 p.m., the meeting recessed.
At 7:14 p.m., the meeting reconvened.
PLEDGE OF ALLEGIANCE - Jameson Perreault
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT - None
At 7:17 p.m., Mayor Bobko suspended the order of the agenda to move forward all
presentations, which are shown in the order taken under "Presentations."
ANNOUNCEMENTS - Councilmember Fishman said the PCH/Aviation Commission
will have another meeting of its Beautification Task Force on Thursday, October 3 at
7 p.m. in Council Chambers.
Councilmember Tucker said last week's League of California Cities Conference in
Sacramento was one of the best he has ever attended; spoke of the League's
Coastal Cities Committee, the California Coastal Trail Commission, and discussions
including AB340 (State -mandated pension reform), as well as telecommuting and
conducting business online related to business licensing; said Hermosa is ahead of
the curve with regard to sustainability and on its way to being a model City in the
State; and spoke of his attendance at a recent California Grocers Association
breakfast.
City Council Minutes
09-24-13 Page 13782
•
Mayor pro tem DiVirgilio expressed concerns about feedback he received from both
sides of the oil issue regarding last night's Community Dialogue scoping meeting,
and apologized to residents for the communication issues that occurred.
City Manager Bakaly referenced the "Moving Forward" link on the City's website,
noting quality of life is extremely important to Hermosans, and said future Dialogue
meetings will be led more by the community rather than the facilitator.
At 7:48 p.m., the order of the agenda moved to Public Participation.
PRESENTATIONS
PRESENTATION BY PARTICIPANTS IN
"THIS IS MY CITY" SUMMER CAMP
Gila Katz thanked the camp instructors, introduced the summer camp attendees,
and invited each of them to share what he or she enjoyed most about camp. The
children noted their preference to walk or bike to school and their hope that Hermosa
would become more involved with solar energy, and expressed a desire to attend
camp next year. Ms. Katz said students are not taught about Hermosa's history in
local schools and suggested instituting a program for that purpose. Mayor Bobko
presented a certificate and a City pin to each attendee.
PRESENTATION OF THE
"INNOVATORS, CHAMPIONS AND ICONOCLASTS AWARD"
TO ANDREA LEE
Mayor Bobko presented the award to Hermosa resident Andrea Lee, the #5 ranked
female amateur golfer in the United States, citing her average score of 73.38 over
her last ten matches. He noted several of her achievements, cited her recent
appearance in Sports Illustrated's "Faces in the Crowd" feature, and presented her
with a certificate of commendation.
COMMENTS FROM FIRE CHIEF DAVID LANTZER REGARDING
FIREFIGHTER/PARAMEDIC CARLOS LOPEZ
Chief Lantzer spoke of the September 17 passing of Hermosa firefighter/paramedic
Carlos Lopez, who was laid to rest today. He recalled Mr. Lopez being honored at
the June 25 Council meeting for his heroic off-duty actions that saved the life of a
stabbing victim, calling him a valuable member of the team who would be greatly
missed. He thanked various people and organizations for their support and
assistance during this tough time, including the Redondo Beach Fire Department,
the Hermosa Police Department, particularly Interim Chief McCrary and Lieutenant
Thompson, Hermosa's Fire Captain Grebbian, City Council, City Manager and staff,
and other local fire departments as well as the Torrance Honor Guard, noting that
$10,000 was presented to the Lopez family today from the South Bay Police and
Fire Memorial Foundation. He acknowledged the men and women of Hermosa's
Fire Department for coming together and expressed his appreciation and respect.
City Council Minutes 09-24-13 Page 13783
• Mayor Bobko thanked Chief Lantzer for his leadership during this trying time;
Councilmember Duclos said the community shares in the Department's loss; and
Councilmember Fishman asked that the meeting be adjourned in Mr. Lopez's name.
The meeting recessed at 7:39 p.m.
The meeting reconvened at 7:41 p.m., continuing with the final presentation.
OIL PROJECT STATUS REPORT
FROM TOM BAKALY, CITY MANAGER
City Manager Bakaly spoke of last night's Community Dialogue meeting, attended by
more than 200 people.
Community Development Director Robertson presented the oil project update, noting
that dates would be announced soon for upcoming education sessions to inform
people how to read information in the Environmental Impact Report; invited the
public to participate in the Health Impact Assessment survey on the City's website
tomorrow and to send comments to City Manager Bakaly.
At 7:43 p.m., the order of the agenda returned to Announcements.
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Hany Fangary - Hermosa Beach, said the City Manager's presentation was
the highlight of last night's scoping meeting; asked if a recording would
be online; said consultants should anticipate certain questions and be
prepared to answer them (City Manager Bakaly said the meeting would
be on the City's website along with information shared at the meeting);
Christy McCartney - Hermosa Beach, said the consultant -designed online
survey read more like a poll for the oil company; said she has no trust
in the Community Dialogue process, as it is not really a dialogue, and
called the process a farce;
Sheryl Main - Hermosa Beach, said the facilitator at last night's meeting was
condescending and insulting; said it is all about oil and wanted them to
be honest and stop equating quality of life with oil drilling;
Nanette Barragan - Hermosa Beach, questioned the City paying more than
$80,000 (out of a liability insurance fund) for a publicist while streets go
unpaved and City employees have been required to make financial
sacrifices; opposed the Council request (item 9.b.) to end 50-50 audits,
which are the only way to ensure bars are complying with their CUPs;
Jim Lissner - Hermosa Beach, also questioned the Council's consideration to
end the 50-50 audits, and said the bars are winning, which is why his
"Quiet Nights" measure was written; and
Stacey Armato - Hermosa Beach, asked the Council to lift the attorney-client
privilege on the mock jury documents.
City Attorney Jenkins responded to Council questions.
City Council Minutes 09-24-13 Page 13784
•
Proposed Action: To agendize a discussion of whether or not to release the mock
jury documents, with City Attorney Jenkins and staff providing arguments both in
favor and against.
Motion Duclos, second Fishman. This motion was subsequently replaced by the
following substitute motion.
Action: To direct City Attorney Jenkins to review the mock jury documents and
present arguments in Closed Session, with the matter placed under Other Matters
on the regular meeting agenda the same evening for final discussion and action.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
Public Participation resumed at 8:04 p.m. Coming forward at this time to address
the Council were:
Brett Beekman — Hermosa Beach, asked that item 2(e) be removed from the
Consent Calendar for separate discussion;
Barbara Ellman — Hermosa Beach, questioned the presence at last night's
scoping meeting of non-resident Hermosa business owners and an
E&B representative; wanted to see the mock jury documents cited by
Mayor Bobko at his State of the City address as one of the main
reasons for settling with Macpherson; said she would be forever
grateful for the aid her husband received from Paramedic/Firefighter
Lopez; and
JR Reviczky — Hermosa Beach, said the mock jury trial occurred at the end of
his tenure on the Council and, while it may not have gone the way the
City hoped, the City's strategy could have been adjusted as a result of
the mock jury trial outcome; said the documents should be released
and be made part of the public record.
(a) Letter from Jeff Cohn regarding Athens Disposal at City Yard noise and
response from Athens.
Public Works Director Senteno responded to Council questions.
Coming forward to address the Council on this item was:
William Wilson — Athens Services General Manager, said modifications have
been made to their trucks and their working hours so as to be less
obtrusive to residents.
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 (g)
with the exception of the following item, which was removed for discussion in
item 4, but is shown in order for clarity:
2(e) Bobko.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
City Council Minutes 09-24-13 Page 13785
• (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Minutes of the Adjourned Regular meeting held on May 21, 2013;
2) Minutes of the Regular meeting held on May 28, 2013; and
3) Minutes of the Adjourned Regular meeting held on May 29, 2013.
•
•
Action: To approve the City Council minutes of the Adjourned Regular
meeting of May 21, 2013, the Regular meeting of May 28, 2013 and the
Adjourned Regular meeting of May 29, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 71696
THROUGH 71833, NOS. 13905, 138945, 161039, 170989, 557466, 557645,
642096, 643843 AND 643881; AND TO APPROVE CANCELLATION OF
CHECK NOS. 71262, 71565, 71572, 71592, 71596 AND 71602, 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 tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2013
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the August 2013 financial reports.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF SEPTEMBER 17, 2013.
Supplemental letter from Brett and Jennifer Beekman received September 23,
2013 (re #10).
This item was removed from the consent calendar by Mayor Bobko at the
request of Brett Beekman for separate discussion later in the meeting.
At 8:14 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 Ken Robertson responded to Council
questions.
Coming forward to address the Council on this item was:
City Council Minutes
09-24-13 Page 13786
•
(f)
(g)
Brett Beekman — stated his objections to the project, including loss of street
(public) parking due to a double -wide driveway to accommodate four
cars, and a reduction in the value of his property due to decreased
sunlight and fresh air.
Action: To receive and file the action minutes of the Planning Commission
meeting of September 17, 2013.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
September 17, 2013.
Action: To receive and file the report giving the status as of August 31, 2013,
of capital improvement projects that are either under design or construction.
RECOMMENDATION TO REAPPROPRIATE FUNDS FROM 2012-13 TO
2013-14 AND APPROVE REVENUE REVISIONS RELATED TO THE
REAPPROPRIATIONS. Memorandum from Finance Director Viki Copeland
dated September 18, 2013.
Action: To reappropriate funds from 2012-13 to 2013-14 and approve
revenue revisions related to the reappropriations, as recommended by staff.
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.
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. DOWNTOWN TRASH ENCLOSURE — STATUS REPORT. Memorandum
from Public Works Director Frank Senteno dated September 16, 2013.
Supplemental information from Director Senteno dated September 23, 2013.
Supplemental memorandum and two supplemental memorandum
attachments from Public Works Director Senteno received September 24,
2013.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council
questions.
City Council Minutes 09-24-13 Page 13787
• Ed Carfagno, AIA, LEED Green Associate, RNL Design, spoke of the
specifications of the enclosure and responded to Council questions.
•
Coming forward to address the Council on this item was:
Richard Stapp — Hermosa Beach Public Works Commissioner, said the
Council is asking the right questions as the scope of the project is large
and now is a little out of scale compared with how it was presented to
the Commission in July.
Proposed Action: To direct staff to reduce the width of the structure by nine
feet and the height of the cinder block wall by eight feet, with posts up to the
roof; and to have Athens Services procure a temporary trash compactor,
operated by temporary electrical power in a fenced area, until the permanent
structure is installed.
Motion Tucker, second Fishman. The motion was subsequently replaced by
the following substitute motion.
Action: To direct staff to report back with a short-term quick solution and to
work with a subcommittee comprised of Councilmember Tucker, the architect
and Athens Services to discuss pricing and project details, with the goal of
reducing costs while keeping quality high and including bathrooms.
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
a. VACANCIES — BOARDS AND COMMISSIONS — CIVIL SERVICE BOARD —
UNEXPIRED TERM ENDING JULY 15, 2014. Memorandum from City Clerk
Elaine Doerfling dated September 17, 2013.
Action: To direct the City Clerk to re -advertise a Civic Service Board
vacancy inviting applications from persons interested in being appointed to fill
an unexpired term ending July 15, 2014.
Motion Bobko, second Fishman. The motion carried by a unanimous vote.
9. OTHER MATTERS - CITY COUNCIL
a. Request from Mayor Pro Tem DiVirgilio seeking Council approval in
directing staff to return with a comprehensive review of all aspects of
the Community Dialogue (team, process and intended outcomes) at the
City Council meeting of October 8, 2013.
111 Mayor pro tem DiVirgilio withdrew his request as the matter had been
discussed earlier in the meeting.
City Council Minutes
09-24-13 Page 13788
b. Request from Mayor Pro Tern DiVirgilio seeking Council approval in
• directing staff to discontinue all 50-50 audits until returning to the
Council for more tailored direction.
Mayor pro tern DiVirgilio spoke to his request.
•
•
Proposed Action: To direct staff to discontinue 50-50 audits until returning
to the Council for more tailored direction.
Motion DiVirgilio, supported by Bobko. The motion failed to garner three
affirmative votes.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of Carlos Lopez, on Tuesday, September 24, 2013, at
the hour of 9:59 p.m. to the Regular meeting of Tuesday, October 8, 2013.
Deputy City Clerk
City Council Minutes
09-24-13 Page 13789
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, October 8, 2013, at the hour of 6:05
p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 10, 2013.
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.
4111 Existing Litigation: Government Code Section 54956.9(d)(1)
a. Name of Case: Hitchcock v. City of Hermosa Beach, et al
United States District Court Case No.: CV12 06570 GAF PLAx
Anticipated Litigation: Government Code Section 54956.9(d)(2)
Number of potential cases: 1
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, October 8, 2013, at the hour of 6:06
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 — Pat Love
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
received, no agenda items added, Council discussion on only the Hitchcock case,
and no reportable actions taken.
City Council Minutes 10-08-13 Page 13790
• At 7:06 p.m., the order of the agenda moved to Other Matters, item 9(a).
•
•
ANNOUNCEMENTS — Councilmember Tucker announced the annual Woman's
Club of Hermosa Beach Pancake Breakfast at the Clark Building on Sunday,
October 20 starting at 8 a.m., adding that the fundraiser would feature prizes, raffles,
an auction and mimosas. Club member Pat Love, who was in attendance, said she
had tickets available for purchase.
Mayor pro tem DiVirgilio spoke of attending last weekend's gathering of terrorism
experts at CREATE, USC's National Center for Risk and Economic Analysis of
Terrorism Events; acknowledged Police Chief Papa's assistance in preparing him for
the meeting; said the special agent in charge of Homeland Security's education
safety initiative vowed to collaborate with Hermosa on training, drills and the
exchange of information.
Councilmember Duclos discussed the City's Employee Appreciation Dinner that took
place on September 28 at the Clark Building and the Police Chief's installation
ceremony that took place on October 1 at the Community Center, thanking the City
Manager and staff for the success of both events. He then announced that the
South Bay Bicycle Coalition had just received a $40,000 grant to be divided among
the three beach cities for bike corrals, saying representatives would soon attend a
Council meeting to give a presentation.
Councilmember Fishman announced the Vitality Cities/Blue Zones Expo to be held
at 2 p.m. Saturday, October 12, at the Community Center, adding that a speaker
would be on hand to discuss the health benefits of walking.
PRESENTATIONS
PRESENTATION OF CERTIFICATE OF RECOGNITION
TO JEFF MAXWELL FOR HIS SERVICE
AS PRESIDENT OF THE
HERMOSA BEACH KIWANIS CLUB
Mayor Bobko presented the Certificate of Recognition to Mr. Maxwell, immediate
past president of the Kiwanis Club, and thanked him for his community service.
Mayor Bobko then presented letters of commendation received from Congressman
33rd District Henry Waxman, State Senator Ted Lieu, and County Supervisor Don
Knabe.
PRESENTATION TO BILL SIGLER
FOR HIS SERVICE ON THE
PARKS, RECREATION AND COMMUNITY
RESOURCES ADVISORY COMMISSION
This item was continued to the September 24 meeting.
City Council Minutes
10-08-13 Page 13791
•
•
•
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time was:
Jim Lissner - Hermosa Beach, Measure B proponent, disputed claims made
by some of the measure's opponents; said only documents appearing
in the sample ballot have traditionally been placed on the City Clerk's
election webpage and, in the spirit of keeping the process fair and
balanced, asked the Council to remove (or relocate elsewhere on the
City's website) the staff report the Council had commissioned.
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) and (i) Tucker.
Motion DiVirgilio, second Fishman. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Adjourned Regular meeting held on June 11, 2013;
2) Regular meeting held on June 11, 2013; and
3) Regular meeting held on June 25, 2013.
Action: To approve as presented the City Council minutes of the Adjourned
Regular meeting of June 11, 2013, and the Regular meetings of June 11 and
June 25, 2013.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 71834
THROUGH 71944, 1590, 13919, 13926 AND 185877, AND TO APPROVE
CANCELLATION OF CHECK NOS. 71154 AND 71726 AS
RECOMMENDED BY THE FINANCE DIRECTOR.
Action: To ratify the check register as presented and approve the check
cancellations recommended by the Finance Director.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO WAIVE $206 ADMINISTRATIVE FEE FOR
HANGING BANNERS THAT ADVERTISE THE HERMOSA BEACH
WOMAN'S CLUB PANCAKE BREAKFAST ON OCTOBER 20, 2013.
City Council Minutes
10-08-13 Page 13792
•
•
Action: To approve the staff recommendation to waive the $206
administrative fee for hanging banners that advertise the Hermosa Beach
Woman's Club Pancake Breakfast on October 20, 2013.
(e) RECOMMENDATION TO APPROVE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PSOMAS LTD.
TO PERFORM CIP PROJECT MANAGEMENT/INSPECTION SERVICES
FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS ON A MONTH-TO-
MONTH BASIS; APPROVE THE THIRD AMENDMENT TO THE PSA WITH
PROJECT PARTNERS FOR INTERIM CIP ENGINEERING SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS ON A MONTH-TO-
MONTH BASIS; AND, AUTHORIZE THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE ATTACHED PSA AMENDMENTS
SUBJECT TO APPROVAL BY THE CITY ATTORNEY. Memorandum from
Public Works Director Frank Senteno dated September 30, 2013.
(f)
(g)
Action: To approve the staff recommendation to:
1) Approve the first amendment to the Professional Services Agreement
(PSA) with Psomas, Ltd. to perform CIP Project Management/Inspection
Services for various capital improvement projects on a month-to-month
basis;
2) Approve the third amendment to the PSA with Project Partners for interim
CIP Engineering Services for various capital improvement projects on a
month-to-month basis; and
3) Authorize the Mayor to execute and the City Clerk to attest the attached
PSA amendments subject to approval by the City Attorney.
RECOMMENDATION TO ACCEPT DONATION OF $850 FROM HERMOSA
CYCLERY, INC. TO BE USED FOR A BIKE FOR THE USE OF THE
HERMOSA BEACH POLICE DEPARTMENT. Memorandum from Finance
Director Viki Copeland dated October 1, 2013.
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:
- $850 from Hermosa Cyclery, Inc. to be used for a bike for the use
of the Hermosa Beach Police Department.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO APPROVE REAPPROPRIATION OF FUNDS
FROM 2012-13 TO 2013-14 FOR THE INSURANCE FUND. Memorandum
from Finance Director Viki Copeland dated October 1, 2013.
• Action: To approve the staff recommendation to approve reappropriation of
funds from 2012-13 to 2013-14 for the Insurance Fund.
City Council Minutes
10-08-13 Page 13793
(h) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY PALP,
• INC. DBA EXCEL PAVING COMPANY FOR THE CIP NO. 11-179
HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL AS
COMPLETE; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF
COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO
PALP, INC., DBA EXCEL PAVING COMPANY (5% RETAINED FOR 35
DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum
from Public Works Director Frank Senteno dated October 1, 2013.
•
(i)
Action: To approve the staff recommendation to:
1) Accept the work performed by Palp, Inc. DBA Excel Paving Company for
the CIP No. 11-179 Hermosa View Elementary Safe Route to School as
complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to Palp, Inc. DBA Excel Paving
Company (5% retained for 35 days following filing of Notice of
Completion).
RECOMMENDATION TO AWARD THE RE -ROOFING CONTRACT FOR
PROJECT NO. CIP 13-613 AND CIP 13-619 RE -ROOFING OF CITY
BUILDINGS AT 555 6TH STREET TO WILTSHIRE URETHANE FOAM
CO. OF SAN DIMAS, CA IN THE AMOUNT OF $23,986 AND 1307
BARD STREET TO FISHER CONTRACTOR, INC. OF CLAREMONT, CA
IN THE AMOUNT OF $10,153; AUTHORIZE THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST THE CONTRACTS SUBJECT TO
APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS
NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from
Public Works Director Frank Senteno dated September 23, 2013.
This item was removed from the consent calendar by Councilmember Tucker
for separate discussion later in the meeting.
Action: To approve the staff recommendation to:
1) Award the re -roofing contracts for Project No. CIP 13-613 Re -Roofing of
City Buildings as follows: (a) 555 6th Street to Wiltshire Urethane Foam
Co. of San Dimas, CA in the amount of $23,986, and (b) 1307 Bard Street
to Fisher Contractor, Inc. of Claremont, CA in the amount of $10,153;
2) Authorize the Mayor to execute and the City Clerk to attest the contracts
subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes as necessary
within the approved budget.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
City Council Minutes 10-08-13 Page 13794
• 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.
At 7:24 p.m., the order of the agenda moved to item 6(a).
5. PUBLIC HEARINGS
a. REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION
DECISION TO DENY A REQUEST TO AMEND A CONDITIONAL USE
PERMIT BY MODIFYING THE LATE NIGHT HOURS OF AN EXISTING
RESTAURANT WITH ON -SALE GENERAL ALCOHOL THAT CLOSES AT
12:00 MIDNIGHT DAILY AND WITH LIVE ENTERTAINMENT THAT
CEASES DAILY AT 11:30 P.M. (PREVIOUSLY "CAFE BOOGALOO"), FOR
A NEW BUSINESS, AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AT 1238 HERMOSA AVENUE. Memorandum from
Community Development Director Ken Robertson dated September 25, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
Councilmembers Fishman and Duclos revealed ex parte conversations they
had with the applicant.
The public hearing opened at 8:46 p.m. Coming forward to address the Council on
this item were:
Jed Sanford — applicant, said he and his brother Alex planned to reopen as a
food -centric operation in January; responded to Council questions;
Nanette Barragan — Hermosa Beach, supported the Commission's decision;
referenced the report "Reducing Alcohol -Related Harms"; questioned
the Review/Reconsideration process and its cost to the City;
Brian Cooley — Hermosa Beach, commended Mr. Sanford for his food -centric
enterprises; said Abigaile put Hermosa on the culinary map due to its
menu and decor, and Little Sister did the same for Manhattan Beach;
Jim Lissner — Hermosa Beach, submitted information disputing a campaign
claim of decreased crime; urged that Council uphold the Commission's
decision, focus on keeping minors out of bars, complete 50-50 audits,
and rid the City of "all you can drink" promotions and bottle service;
Bob Rasmussen — Hermosa property owner; acknowledged Cafe Boogaloo's
problems, but said the property owner should not be punished for the
actions of the business operator;
John Bowler— Hermosa Beach, said residents object to Measure B and want
better -quality downtown businesses; asked the Council to trust in the
well-earned reputation of the Sanford brothers, who run only quality
operations;
City Council Minutes 10-08-13 Page 13795
•
0
Julie Hamill - Hermosa Beach, spoke of the Sanford brothers' generosity in
the community; urged the same operating hours as similar businesses
in the same zone; said revenue would be reinvested in the community
and it was unfair to punish them for the previous operator's actions;
Lee (last name indistinct) - Hermosa Beach, supported the new operators;
said business owners have responsibility to address issues affecting
neighbors, such as noise levels that have driven away tenants from
residential property she owns near the site; suggested hiring security
guards to patrol the parking structure or a greater police presence; and
Stacey Armato - Hermosa Beach, said the Sanford brothers know what they
are doing; urged the Council to give them a chance to operate, even
with later hours.
The public hearing closed at 9:17 p.m.
Action: To direct staff to prepare for adoption at the next meeting a resolution
overturning the Planning Commission decision based on further modifications
proposed by the applicant, thereby approving a Conditional Use Permit (CUP)
amendment to modify hours for an existing restaurant with on -sale general
alcohol as requested, with live entertainment to cease 30 minutes prior to the
closing time for the reasons in the staff report, modification of CUP conditions
for consistency; and a return in six months for review, with the operators
presenting a status report to the Council.
Motion DiVirgilio, second Fishman. The motion carried, noting the dissenting
vote of Tucker.
The meeting recessed at 9:30 p.m.
The meeting reconvened at 9:40 p.m.
b. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION
DECISION APPROVING A CONDITIONAL USE PERMIT, PRECISE
DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP FOR A
TWO -UNIT CONDOMINIUM, AND DETERMINATION THAT THE PROJECT
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AT 705 1ST PLACE. Memorandum from Community
Development Director Ken Robertson dated September 26, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
At 9:41 p.m., Mayor pro tem DiVirgilio recused himself due to the site's proximity to
his home, and left the dais and the room.
The public hearing opened at 9:43 p.m. Coming forward to address the Council on
this item were:
Elizabeth Srour - Hermosa Beach, representing applicant Arash Abassian-
Kashi (with Mark Trotter, AIBD, Trotter Building Designs, Inc.), showed
City Council Minutes 10-08-13 Page 13796
•
•
•
design plans, which comply with (and exceed) development standards,
noting each unit would be owner -occupied; disputed Mr. Espy's claims
that the design would decrease the amount of light and air on his
property; said the building incorporates many desirable design details;
responded to Council questions; and
Robert Espy — neighboring property owner, presented slides; said the design
would reduce sunlight on his property, causing hardship to his disabled
children, who deserve protection under the law due to their learning
disabilities; proposed excavation to lower the building height.
Coming forward to offer a rebuttal were:
Elizabeth Srour — submitted to the City Clerk drawings that demonstrated the
minimal negative impacts, and their sensitivity toward the neighbors
without being asked, noting that the City has no view ordinance; and
Robert Espy.— said the design would in fact impact the view from his property
and asked the Council to require some kind of plan modification.
The public hearing closed at 10:16 p.m.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6879, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING
COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE
DEVELOPMENT PLAN AND A VESTING TENTATIVE PARCEL MAP NO.
72362 FOR A TWO -UNIT CONDOMINIUM PROJECT; AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AT 705 1sT
PLACE, LEGALLY DESCRIBED AS LOT 115, WALTER RANSOM CO'S
VENABLE PLACE, CITY OF HERMOSA BEACH," with a request to the
architect to consider using glass for at least part of the deck railing.
Motion Tucker, second Duclos. The motion carried by a unanimous vote.
At 10:19 p.m. Mayor pro tem DiVirgilio returned to the dais and the order of the
agenda moved to item 7(a).
6. MUNICIPAL MATTERS
a. APPROVAL OF REQUEST FROM MARINELAND COMMUNITY
ASSOCIATION, INC. (MCAT) TO CONVERT PRE -DEVELOPMENT LOAN
FUNDS PROVIDED BY THE CITY TO A GRANT. Memorandum from
Finance Director Viki Copeland dated September 30, 2013. Supplementals
received October 8, 2013: letter from Howard Longacre; memorandum from
Director Copeland; and information from Marineland.
City Manager Bakaly presented the staff report and responded to Council
questions. Finance Director Copeland, Community Development Director
Robertson and City Attorney Jenkins also responded to Council questions.
City Council Minutes 10-08-13 Page 13797
•
Coming forward to address the Council on this item were:
Janice Yates - Marineland Mobile Home Park, said 92% of the park residents
have paid the MCAI membership fee; thanked the City Council and
staff for their assistance; said conversion of this loan to a grant would
directly assist their low income residents, promoting affordable housing
in the City; responded to Council questions;
L. Sue Loftin - Loftin Firm, LLP, spoke of the legal implications of the
conversion to both MCAI members and the City; responded to Council
questions;
Pat Love - Marineland Mobile Home Park, opposed the conversion and
questioned statements made by the previous speakers; urged that the
Council deny the request and conduct a more thorough investigation,
sending registered letters to all park tenants for their input;
Olivia Reissiq - Redondo Beach resident, owner of a mobile home at the site,
said most tenants want to buy, and many low-income park residents
are looking forward to approval of the conversion; urged the Council to
move forward; and
Chris Love - Marineland Mobile Home Park, said once this goes through,
many park residents would be compelled to rent out their homes,
which would not benefit others at the site.
Action: To approve the staff recommendation to:
1) Convert pre -development loan funds provided by the City from an amount
of $70,000 to a grant in the amount of $111,831;
2) Adopt Resolution No. 13-6878, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING CONVERSION OF THE PRE -DEVELOPMENT LOAN FOR
MARINELAND COMMUNITY ASSOCIATION, INC. (MCAT) TO A
GRANT";
3) Add an indemnification clause to the Resolution; and
4) Require in the escrow instructions that MCAI credit back to the City the
funds it loaned to MCAI and reflect the authorization of the full amount of
the grant ($111,831) to support affordable housing.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
At 8:30 p.m., the order of the agenda moved to item 5(a).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. UPDATE ON PROPOSED EXPANSION OF P.A.R.K. AFTER SCHOOL
PROGRAM. Memorandum from Assistant to the City Manager
Diane Strickfaden dated October 8, 2013.
Assistant to the City Manager Diane Strickfaden presented the staff report
and responded to Council questions. City Manager Bakaly also responded to
Council questions.
City Council Minutes
10-08-13 Page 13798
•
Action: To receive and file.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
b. CITY COUNCIL MEETING SCHEDULE FOR 2014. Memorandum from City
Manager Tom Bakaly dated October 3, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Action: To approve the proposed City Council meeting date changes and
direct staff to prepare the official City Council meeting schedule for 2014, with
further direction for staff to amend the schedule by adding (when they are
scheduled) the dates of various studies/workshops (e.g., General Plan, oil).
Motion Bobko, second DiVirgilio. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL
a. Request from City Council as to whether to aqendize a discussion of
releasing oil mock jury information.
Proposed Action: To direct staff to agendize for Council consideration at a
subsequent meeting an item for discussion on releasing to the public the
Macpherson mock jury trial information.
Motion Duclos, second Tucker. (See amendment below.)
Action: To amend the main motion to include consideration of releasing the
reports from the City's financial consultant and bankruptcy consultant as well.
Motion Bobko, second DiVirgilio. The motion to amend carried by a
unanimous vote.
Final Action: The main motion, as amended, carried by a unanimous vote.
At 7:10 p.m., the order of the agenda returned to Announcements, Presentations,
Public Participation, and the Consent Calendar.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, October 8, 2013, at the hour of 10:34 p.m. to the
Regular meeting of Tuesday, October 22, 2013.
City Clerk • Deputy City Clerk
City ouncil Minutes 10-08-13 Page 13799
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, October 22, 2013, at the hour of 5:35
p.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 October 8, 2013.
3. 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 Tuesday, October 22, 2013, at the hour of 5:36
p.m., to a closed session.
RECONVENE TO OPEN SESSION - At the hour of 7:04 p.m., the Closed Session
adjourned back to open session.
ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, October 22, 2013, at the hour of 7:05 p.m. to the
Regular Meeting on the same date, which had been scheduled to begin at 7:00 p.m.
City Clerk
•
City Council Minutes 10-22-13 Page 13800
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, October 22, 2013, at the hour of 7:14
p.m.
PLEDGE OF ALLEGIANCE — Sandi Pfister
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
received, no items added to the agenda, and no reportable actions taken.
ANNOUNCEMENTS — Councilmember Duclos wished his wife Christine a happy
43rd anniversary.
Councilmember Fishman congratulated the Woman's Club on a successful Pancake
Breakfast fundraiser.
Councilmember Tucker noted his and City Manager Bakaly's attendance October 11
at a meeting in San Francisco with California Public Utilities Commission (PUC)
president Michael Peevey to discuss Hermosa's ongoing problems with Southern
California Edison (SCE). He said the City is paying for inadequate service, and
likened the movement to one spearheaded by former Hermosa Mayor Sam
Edgerton, which persuaded the Federal Aviation Administration (FAA) to require
airplanes (except in emergencies) to fly at 10,000 feet or higher.
City Manager Bakaly said that a group of South Bay city managers would meet soon
to discuss SCE's performance in the area and will share their findings with SCE.
Councilmember Tucker spoke of the purchase a year ago of a new electric -powered
CSO vehicle (Firefly), which was recently completely rebuilt due to initial problems,
noting its use dovetails with the City's carbon neutrality goal, and adding the City's
intention to purchase others if this one works well.
Mayor pro tern DiVirgilio spoke of his and Councilmember Duclos' attendance at the
BlueZaPalooza LiveWell Expo & Speaker Series, a fun and successful event held
Saturday, October 12, at the Community Center, congratulating Blue Zones Project
and Beach Cities Health District, noting the great job they do for the community
PRESENTATIONS
PRESENTATION TO BILL SIGLER
FOR HIS SERVICE ON THE
PARKS, RECREATION AND COMMUNITY
RESOURCES ADVISORY COMMISSION
Mayor Bobko read the plaque's inscription aloud, noted Mr. Sigler's importance to
local volleyball and his 11 years as a Parks, Recreation and Community Resources
City Council Minutes 10-22-13 Page 13801
Advisory Commissioner, and thanked him for his service to the City. Mr. Sigler said
• he appreciated the honor and had enjoyed his years of service.
PRESENTATION TO THE CITY BY LAUREN NAKANO,
BLUE ZONES PROJECT DIRECTOR,
OF A CERTIFICATE CELEBRATING THE CITY'S
DESIGNATION AS A BLUE ZONES WORKSITE
Ms. Nakano thanked City staff for their help putting on BlueZaPalooza, which
attracted more than 1,000 participants. Noting that the idea of Blue Zones Worksite
designation germinated three years ago when Councilmember Duclos got on board
with the Blue Zones Project, she commended City Manager Bakaly for changing the
culture of the City, noting that Blue Zones Workplace designation was achieved after
only one year of his appointment. She spoke of the many positive changes made to
achieve Blue Zones Workplace designation, including the creation of an Employee
Wellness Committee, and presented the certificate to Mayor Bobko.
PRESENTATION OF CERTIFICATE OF RECOGNITION
TO OUT -GOING COMMUNITY GARDEN
MANAGER KARI WALKER
Councilmember Duclos presented the certificate of recognition to Ms. Walker, a
certified master gardener whose expertise resulted in a bounty last summer of
between 1000-1500 pounds of produce, with much of that going to local food banks.
Noting her 300 -plus hours of service in just the past year, he thanked her for her
valuable contribution, saying the seeds she planted will continue to grow as she
continues her involvement with the Community Garden.
PRESENTATION OF ORIGINAL HERMOSA BEACH
MAP ARTWORK BY CALIFORNIA MAP ART COMPANY
Chris Miller, speaking on behalf of California Map Art Company, presented the
artwork, calling the project a labor of love that required five months of hand -painting
by Cesar Levy, with assistance from two graphic artists, and said the artwork would
return to the City after next week's unveiling party at Abigaile.
PRESENTATION ON THE
WATER RELIABILITY 2020 PROGRAM
BY WEST BASIN WATER DISTRICT
Rich Nagel, General Manager, West Basin Water District (WBWD), said service is
provided to 17 cities and one million people, with water provided to the South Bay as
a whole, not to individual consumers. Noting that two-thirds of the water is from
outside sources, he outlined WBWD's planned methods to reduce that figure to one-
third. He announced the 15th annual Water Harvest Festival to be held Saturday,
October 26, from 10 a.m. to 2 p.m., at the Edward C. Little Water Recycling Facility
in El Segundo, saying the free event will feature tours of the facility, food, water
education, and appearances from board members.
City Council Minutes 10-22-13 Page 13802
•
•
•
PRESENTATION ON THE
OCEAN FRIENDLY DEMONSTRATION GARDEN
BY WEST BASIN WATER DISTRICT
Gus Meza, Program Manager, shared plans for the garden that (with City staff
assistance) will be built at the Community Center; encouraged resident and Council
participation in its construction; said another free hands-on class (as took place last
Saturday at the Community Center) is planned for January; said the City received
several grants, including one from Surfrider Foundation; acknowledged Paul Herzog,
Ocean Friendly Gardens Program Coordinator, and landscape designer John
Tikotsky of Tikotsky & Associates (both in attendance); and said WBWD Director
Carol Kwan will attend the ribbon cutting ceremony in February.
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 ten 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 $3,050 for service and tips (a total of
$30,585). She also invited forward members of the Chamber's Board of Directors.
Sam Perrotti, Art Walk Board member, thanked the Chamber, saying the proceeds
would be used for scholarships for Hermosa high school students.
OIL PROJECT STATUS REPORT
CITY MANAGER
As requested by City Manager Bakaly, Community Development Director Robertson
presented the status report, noting: (1) the deadline of October 24 for post -scoping
meeting comments on the Cost Benefit Analysis and the Health Impact Assessment;
(2) the availability in January of the draft Environmental Impact Report (EIR); (3)
informal educational workshops on how to read an EIR to be held at the Community
Center 7 — 9 p.m. Thursday, November 14, 1 — 3 p.m. Saturday, November 16, and
7 — 9 p.m. Thursday, December 5, which he encouraged the public to attend, noting
the requirement to sign up; and responded to Council questions.
Mayor pro tem DiVirgilio addressed a rumor that the City had negotiated (with E&B
Natural Resources) a requirement for only $1 million in long-term liability insurance
for the oil project. Noting insurance issues addressed in the FAQs section of the
City's website, City Attorney Jenkins stressed many details still require negotiation if
voters approve drilling. City Manager Bakaly also responded to Council questions.
City Council Minutes
10-22-13 Page 13803
•
•
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Sandi Pfister - Leadership Hermosa President, announced the first annual
Beach B.A.L.L. (Bringing All Local Leaders Together) fundraiser set for
6 p.m. Saturday, November 2, at St. Rocke, featuring a band, dancing,
food (included in the ticket price), discounted refreshments, with tickets
available at www.saintrocke.com; said the emerging leader award
(now in its fourth year) has expanded from just an adult award to add
categories for youth (ages 5-17) and business/community organization;
Doug Howarth - Silvio's Brazilian Barbeque, Hermosa Beach, requested that
item 2(e), the October 15 Planning Commission meeting minutes, be
removed from the Consent Calendar for discussion;
Hanv Farmer)/ - Hermosa Beach, questioned the negotiation process with
E&B Natural Resources; asked for a City website update to include the
liability insurance amount that will be required of E&B; addressed a
notice from the California Energy Commission (CEC) advising that the
Redondo Beach energy project (AES) application is complete and of
the conduct of local workshops followed by hearings on the proposal;
urged acceptance of CEC's offer to provide a project briefing at an
upcoming meeting (City Manager Bakaly said the City has requested
additional information and will report back with a staff -recommended
response to the CEC);
Allan Mason - Hermosa Beach, urged voters to support Council candidates
openly opposed to the oil project; said instant runoff voting should be
instituted in City elections;
Jim Lissner - Hermosa Beach, read aloud local newspaper clippings on April
- July crime reports (posted on his website www.quietnights.org); said
an increased police presence is required throughout the City and not
just downtown;
Ron Newman - Hermosa Beach, pointed out that all five current Council
members voted on the Macpherson settlement and it will be up to the
voters, not the Council, to decide the matter of oil drilling in the City;
Mary Campbell - Hermosa resident/School Board candidate, announced the
Skechers Pier -to -Pier Friendship Walk October 27, with registration at
8:30 a.m. at the Manhattan Beach Pier; urged the Council to
support/promote/participate in school fundraisers like this event; and
Joel Shapiro - Hermosa Beach, expressed opposition to Measure B; said
Hermosa's Police Department is second to none and deserves a better
station; referred to yesterday's school shooting in Nevada, and spoke
of the need for cameras behind Hermosa Valley School, which his
children attended 30 years ago.
• 2. CONSENT CALENDAR:
City Council Minutes 10-22-13 Page 13804
•
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(e) Bobko, (k), (I) and (m) Tucker.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Adjourned Regular meeting held on July 9, 2013 at 5:30 p.m.;
2) Adjourned Regular Meeting held on July 9, 2013 at 6:00 p.m.; and
3) Regular meeting held on July 9, 2013.
Action: To approve as presented the City Council minutes of the Adjourned
Regular meeting of July 9, 2013 at 5:30 p.m., the Adjourned Regular meeting
of July 9, 2013 at 6:00 p.m., and the Regular meeting of July 9, 2013.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 39265,
71945 THROUGH 72104, 95946, 166057, 166058, 221263, 224816, 224978,
226482, 226565, 321775 AND 889085.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 2013
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the September 2013 financial reports.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF OCTOBER 15, 2013.
This item was pulled by Mayor Bobko at the request of Doug Howarth for
separate discussion later in the meeting.
Action: To assert jurisdiction over Planning Commission agenda item 8
(Silvio's Brazilian Barbeque, 20 Pier Avenue) with Council Review and
Reconsideration of the item.
Motion Mayor Bobko, supported by Fishman.
Further Action: To receive and file the action minutes of the Planning
Commission meeting of October 15, 2013.
Motion DiVirgilio, second Bobko. The motion carried by a unanimous vote.
City Council Minutes 10-22-13 Page 13805
O (0
(g)
RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
Assistant to the City Manager Diane Strickfaden dated October 10, 2013.
CLAIMANT: CARRIGAN, CARTER
DATE OF LOSS: 08-06-13
DATE FILED: 09-18-13
ALLEGATION: PROPERTY DAMAGE
Action: To deny the claim noted above and refer it to the City's Liability
Claims Administrator, as recommended by staff.
RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
Assistant to the City Manager Diane Strickfaden dated October 16, 2013.
CLAIMANT: MERRILL, PATRICIA
DATE OF LOSS: 09-21-13
DATE FILED: 10-14-13
ALLEGATION: PERSONAL INJURY
Action: To deny the claim noted above and refer it to the City's Liability
• Claims Administrator, as recommended by staff.
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 18, 2013.
(i)
(i)
Action: To receive and file the action minutes of the Public Works
Commission meeting of September 15, 2013.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF JULY 1, 2013.
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of July 1, 2013.
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
October 14, 2013.
Action: To receive and file the report giving the status of capital
improvement projects that are either under design or construction.
• (k) RECOMMENDATION TO ADOPT RESOLUTION TO OVERTURN THE
PLANNING COMMISSION DECISION AND TO AMEND A CONDITIONAL
USE PERMIT BY MODIFYING THE HOURS OF AN EXISTING
City Council Minutes 10-22-13 Page 13806
•
•
RESTAURANT WITH ON -SALE GENERAL ALCOHOL THAT CLOSES AT
12:00 MIDNIGHT DAILY AND WITH LIVE ENTERTAINMENT THAT
CEASES DAILY AT 11:30 P.M. (PREVIOUSLY "CAFE BOOGALOO"), FOR
A NEW BUSINESS, AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AT 1238 HERMOSA AVENUE. Memorandum from
Community Development Director Ken Robertson dated October 15, 2013.
This item was pulled by Councilmember Tucker for separate discussion later
in the meeting.
Coming forward to address the Council on this item were:
Jim Lissner — Hermosa Beach, opposed later hours due to increased noise
and safety impacts on nearby residents and increased police presence
in the area when officers should be spread out all over town; and
Brian Cooley — Hermosa Beach resident and business owner, disputed the
comments of the previous speaker.
(I)
• (m)
Action: To approve the staff recommendation to adopt Resolution No. 13-
6880, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO OVERTURN THE PLANNING
COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT
AMENDMENT TO MODIFY HOURS FOR ON -SALE GENERAL ALCOHOL
AND LIVE ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING
RESTAURANT ("CAFE BOOGALOO"), AND SUPERSEDING CITY
COUNCIL RESOLUTION 13-6837 AND PLANNING COMMISSION
RESOLUTION 13-26, AT 1238 HERMOSA AVENUE, LEGALLY
DESCRIBED AS LOT 5, BLOCK 34, FIRST ADDITION TO HERMOSA
BEACH, HERMOSA BEACH, CALIFORNIA."
Motion DiVirgilio, second Fishman. The motion carried, noting the dissenting
vote of Tucker.
RECOMMENDATION TO ADOPT RESOLUTION TO JOIN CALIFORNIA
COASTAL TRAIL ASSOCIATION. Memorandum from Community
Development Director Ken Robertson dated October 14, 2013.
This item was pulled by Councilmember Tucker for separate discussion later
in the meeting.
Action: To approve the staff recommendation to adopt Resolution No. 13-
6881, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING MEMBERSHIP IN THE
CALIFORNIA COASTAL TRAIL ASSOCIATION."
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO MBF CONSULTING, INC. (MBF) TO PROVIDE DESIGN
SERVICES FOR PROJECT CIP NO. 13-127 — STREET IMPROVEMENTS —
City Council Minutes 10-22-13 Page 13807
•
VARIOUS LOCATIONS IN THE AMOUNT OF $47,230; AUTHORIZE THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE DESIGN
CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND,
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES
TO THE CONTRACT WITHIN 15% OF THE CONTRACT AMOUNT.
Memorandum from Public Works Director Frank Senteno dated October 10,
2013.
This item was pulled by Councilmember Tucker for separate discussion later
in the meeting.
Action: To approve the staff recommendation to:
1) Award the Professional Services Agreement to MBF Consulting, Inc.
(MBF) to provide design services for Project CIP No. 13-127 — Street
Improvements — Various Locations in the amount of $47,230;
2) Authorize the Mayor to execute and the City Clerk to attest the design
contract subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the contract
within 15% of the contract amount.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES — None
• 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
•
Items 2(e), (k), (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 — None
6. MUNICIPAL MATTERS
a. WAIVER OF ATTORNEY CLIENT PRIVILEGE FOR CERTAIN
DOCUMENTS PREPARED FOR THE CITY IN CONNECTION WITH THE
LAWSUIT ENTITLED MACPHERSON OIL COMPANY V. CITY OF
HERMOSA BEACH. Memorandum from City Manager Tom Bakaly dated
October 17, 2013. Supplemental email from Tom Morley received October
22, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions. City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
City Council Minutes
10-22-13 Page 13808
•
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, questioned
the delay in considering the release of transcripts; and
Michael Keegan - Hermosa Beach, spoke of a similar incident in 1999 with
the release of privileged City documents by a former councilmember;
cautioned the public that a mock jury trial is a very complicated legal
exercise, the information is nebulous, inaccurate and should not be
used as a negotiating tool.
Proposed Action: To release only the document entitled "Data Summary
Report Jury Research" dated July 21, 2009.
Motion Duclos. The motion failed for lack of a second.
Action: To facilitate public disclosure of the following documents requiring
waiver of attorney/client privilege:
1) The document entitled "Data Summary Report Jury Research" dated July
21, 2009;
2) A legal opinion prepared for the City dated June 3, 2009 by bankruptcy
attorney David Kupetz of Sulmeyer Kupetz; and
3) Various financial tables prepared for the City in 2009 in connection with
mediation of the Macpherson lawsuit by the consulting firm Kibel Green.
Motion Bobko, second Fishman. The motion carried by a unanimous vote.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. HOLIDAY PARKING PROGRAM. Memorandum from City Manager Tom
Bakaly dated October 17, 2013 and letter from the Chamber of Commerce
dated September 25, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Coming forward to address the Council on this item were:
Lori Ford - Hermosa Beach Chamber of Commerce, gave a PowerPoint
presentation highlighting the lack of daytime visitors, a deterrent to
business that otherwise might locate here; said Hermosa will be unable
to compete with other nearby cities that are being creative in attracting
daytime business; urged free parking to encourage daytime patronage
of businesses, noting that if restaurants did more lunch business they
may not have to stay open late; said the Chamber would partner with
the City to promote the program, suggested researching City revenue
gained when free parking is made available during the holidays;
Brittny Burford - former Hermosa business owner; spoke of a Manhattan
Beach Economic Forum at which Culver City Business Redevelopment
Administrator Todd Tipton said parking is the customer's first shopping
experience and cities lose business if the parking is not friendly; said
customers at her former business would often get parking tickets;
Brian Cooley - Hermosa Beach, agreed the City is not business friendly and
offering free parking during daylight hours would be an opportunity to
City Council Minutes 10-22-13 Page 13809
•
•
change; urged the City to be more forward thinking, said some cities
offer bike sharing to promote patronage of their businesses;
Jed Sanford — Hermosa Beach, stressed the importance of being more
proactive about promoting business, otherwise desirable businesses
will go elsewhere, putting Hermosa at a big disadvantage; suggested
getting business owners together to think strategically about how to
compete with nearby cities; and
Kathy Knoll — Hermosa resident and business owner, said the Chamber has
contributed $10,000 to the Truly Hermosa campaign and this would be
a huge opportunity for additional promotion of Hermosa businesses,
which would increase tax revenue to the City.
Proposed Action: To approve the staff recommendation to:
1) Approve three hours free parking for all silver meters (not including the
parking structure or Lots A and B, where regular, full-time rates apply)
from December 11, 2013 through December 25, 2013; and
2) Direct staff to return for a discussion on the broader year-round request
from the Chamber of Commerce.
Motion Fishman, second Tucker. The motion was replaced by the
subsequent motion.
Action: To approve the staff recommendation to:
1) Approve three hours free parking for all silver meters (not including the
parking structure or Lots A and B, where regular, full-time rates apply)
from December 11, 2013 through December 25, 2013; and
2) Direct staff to return for a Council discussion on the broader year-round
request from the Chamber of Commerce, beginning with a pilot program
for the month of January, 2014, appealing to daytime traffic in the City,
including fiscal impact to the City.
Motion Fishman, second Bobko. The motion carried by a unanimous vote.
b. IMPLEMENT ENERGY REDUCTION AND COST SAVINGS PROJECTS
INCLUDING CITY BUILDING AND PARK LIGHTING AND CITY -OWNED
STREET LIGHTS UNDER A SOUTHERN CALIFORNIA EDISON (SCE) ON -
BILL FINANCING AGREEMENT TO REIMBURSE PROJECT COSTS;
ADVANCE $658,991.48 FROM THE EQUIPMENT REPLACEMENT FUND
FOR AN INTERIM PERIOD TO CIP 13-656 CITYWIDE ENERGY
CONSERVATION UPGRADE FOR THESE PROJECTS; APPROVE A
STRATEGY FOR ACQUIRING SCE -OWNED STREET LIGHTS, ADOPT A
MUNICIPAL HIGH -EFFICIENCY PRODUCT PROCUREMENT POLICY,
AND DETERMINE THESE PROJECTS ARE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Memorandum from Community Development Director Ken Robertson and
Public Works Director Frank Senteno dated October 14, 2013.
• Senior Planner Pamela Townsend presented the staff report and responded
to Council questions.
City Council Minutes
10-22-13 Page 13810
Greg Stevens, South Bay Cities Council of Governments Engineer/GSE
• Solutions, LLC Principal, responded to Council questions.
Action: To approve the staff recommendation to:
1) Direct staff to implement City Building/Park Lighting and City -Owned
Street Lights energy reduction projects and execute a Southern California
Edison (SCE) On -Bill Financing Agreement for reimbursement of project
costs;
2) Advance $658,991.48 from the Equipment Replacement Fund to CIP No.
13-656 Citywide Energy Conservation Upgrade for these projects;
3) Direct staff to initiate discussions with SCE to acquire eligible poles and
return at mid -year budget review with discussion of funding;
4) Adopt a Municipal High -Efficiency Product Procurement Policy; and
5) Determine these projects are Categorically Exempt from the California
Environmental Quality Act per Section 15301, Class 1.
Motion DiVirgilio, second Tucker. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
III
Beach adjourned on Tuesday, October 22, 2013, at the hour of 9:52 p.m. to an
Adjourned Regular meeting at 7:00 a.m. on Tuesday, November 12, 2013, for the
purpose of conducting a closed session, followed by the Regular meeting scheduled
for 7:00 p.m. on the same date.
•
Deputy City Clerk
City Council Minutes 10-22-13 Page 13811
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, November 12, 2013, at
the hour of 7:00 a.m.
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
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 22, 2013.
3. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Designated Representatives: Councilmembers Duclos and Tucker
• Unrepresented employee: City Manager
ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City
Council of the City of Hermosa Beach adjourned on Tuesday, November 12, 2013,
at the hour of 7:01 a.m., to a closed session.
RECONVENE TO OPEN SESSION - At the hour of 7:30 a.m. the Closed Session
adjourned back to open session.
ADJOURNMENT - The Adjourned Regular meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, November 12, 2013, at the hour of 7:30
a.m. to the Regular Meeting on the same date, scheduled to take place at 7:00 p.m.
City. C!erk
•
City Council Minutes
11-12-13 Page 13812
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, November 12, 2013, at the hour of
7:11 p.m.
PLEDGE OF ALLEGIANCE — Samantha Froehlich
ROLL CALL:
Present: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported on today's 7 a.m.
closed session regarding City Manager compensation and said action would be
taken on the matter later in tonight's meeting (agenda item 8.a.).
(Some of the items below were taken out of order but are shown in order for clarity.)
APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from
City Clerk Elaine Doerfling dated November 5, 2013.
A. Designate Mayor for a term ending September 14, 2014.
Action: To appoint Mayor Pro Tempore DiVirgilio to be Mayor for a term
ending September 14, 2014.
Motion Bobko, second Tucker. The motion carried by a unanimous vote.
B. Designate Mayor Pro Tempore for a term ending September 14, 2014.
Action: To appoint Councilmember Tucker to be Mayor Pro Tempore for a
term ending September 14, 2014.
Motion Bobko, second Duclos. The motion carried by a unanimous vote.
C. Intergovernmental agencies requiring appointment of Mayor as delegate.
Action: To appoint Mayor DiVirgilio to the Los Angeles County City Selection
Committee; to appoint Mayor DiVirgilio as delegate and Councilmember
Tucker as alternate to the Los Angeles County Sanitation District Board of
Directors; and to continue the remaining committee assignments to the
meeting of November 26, 2013.
Motion Bobko, second Fishman. The motion carried by a unanimous vote.
PRESENTATION OF PLAQUE TO OUTGOING MAYOR BOBKO BY MAYOR
DIVIRGILIO — Mayor DiVirgilio presented at the podium a plaque of appreciation to
outgoing Mayor Bobko, thanking him on behalf of the Council and staff for the
leadership he provided, especially during very challenging months. Outgoing Mayor
Bobko received a standing ovation.
OUTGOING COMMENTS BY MAYOR BOBKO — Outgoing Mayor Bobko thanked
citizens for their support and for entrusting him to serve the community for seven of
City Council Minutes 11-12-13 Page 13813
•
the best years of his life; said elected officials are in power to serve the citizens, and
the community needs the Council to come together to accomplish important issues;
said it had been an honor working and debating the issues with his colleagues.
INCOMING COMMENTS BY MAYOR DIVIRGILIO — Mayor DiVirgilio said he was
proud to serve again as mayor; noted the upcoming workshop sessions to refine the
City's strategic plan for 2014; cited past accomplishments and future challenges,
saying he welcomes respectful disagreement, after listening to all views in a friendly
manner; said he would establish City Hall office hours for direct public contact.
COMMENTS FROM COUNCILMEMBERS — Councilmember Duclos spoke of his
appreciation for outgoing Mayor Bobko's comments and his service as Mayor;
supported Mayor DiVirgilio's comments about the direction of the City.
Councilmember Fishman concurred with Councilmember Duclos' comments and
wished Mayor DiVirgilio well, noting his forthrightness and preparedness.
Councilmember Tucker commended outgoing Mayor Bobko for his service to the city
and the country; thanked him for working to make life better for residents and
businesses, citing the Upper Pier Avenue project which earned numerous awards for
the City; congratulated Mayor DiVirgilio, saying he looked forward to his leadership.
Outgoing Mayor Bobko said the City needs the leadership that he was confident
• Mayor DiVirgilio would provide.
ANNOUNCEMENTS — Councilmember Bobko spoke of the Veteran's Day ceremony
yesterday at the City's Veterans' Memorial; thanked Planning Commissioner and
veteran Mike Flaherty; urged people to offer thanks whenever they see a veteran,
noting that many are still in harm's way.
Councilmember Duclos spoke of the thousands of lives lost to the typhoon in the
Philippines, offering his condolences to those affected; said a report he read in
today's newspaper about climate change was a sobering reminder of our planet in
peril, citing the effects on food, water, infrastructure, sea level rise, etc.
Councilmember Tucker spoke of today's notification of a coastal conservancy grant
award to the City in the range of $100,000 for study purposes, thanking staff for
pursuing the grant.
Action: To postpone public hearing item 5.a. to the meeting of November 26, 2013.
Motion Mayor DiVirgilio, second Tucker. The motion carried by a unanimous vote.
PRESENTATIONS
•
PRESENTATION BY
LEADERSHIP HERMOSA BEACH
EMERGING LEADER AWARD
City Council Minutes 11-12-13 Page 13814
•
•
Ryan Nowicki, Program Director, announced and presented certificates to nominees
for each category, then called forward and presented awards to "emerging leaders"
in each of the three categories:
(1) Youth Award to Jacob Fetter, Mira Costa High School student and basketball
captain, who has maintained a 4.0 GPA, and has assumed leadership roles
since middle school, and
(2) Community Organization Award to "Skate for Schools" by Sebastian Kuhr,
Hermosa Valley School 7th grader who, through his fundraising events, has
raised more than $20,000 to benefit Hermosa schools;
(3) Adult Award to Jessica Guheen, leader of the South Park Design Committee,
2010 Leadership Hermosa graduate, Friends of the Parks member, with a
lifelong commitment to service.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
JD Wilcox - Hermosa Beach, asked that consent calendar item 2(f) be pulled
for later discussion;
George Barks - Hermosa property owner, asked that consent calendar item
2(e) be pulled for later discussion;
Cammie Herbert - Hermosa Beach, Parent-Teacher Organization, said candy
and thank -you letters written by Hermosa students were sent to
"Operation Gratitude" and others that provide care packages to our
country's servicemen/women, adding that the schools provide a lesson
on Veterans' Day; noted the grades -of -green program with monthly
discussions on issues such as recycling and carbon neutrality;
Jim Lissner - Hermosa Beach, asked that consent calendar item 2(j) be
pulled for later discussion; and
Jessica Guheen - Hermosa Beach, speaking on behalf of the South Park
Design Committee, spoke in support of consent calendar item 2(k)
regarding the award of a agreement for South Park design services;
2. CONSENT CALENDAR:
City Clerk Doerfling announced the supplemental emails received today from
Fred Huebscher regarding consent calendar items 2(a) and (j).
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), (f), (j) Bobko, and (I) Tucker.
Motion Bobko, second Tucker. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
• 1) Minutes of the Special meeting held on July 23, 2013 at 6:00pm;
2) Minutes of the Regular meeting held on July 23, 2013; and
3) Minutes of the Regular meeting held on August 13, 2013.
City Council Minutes 11-12-13 Page 13815
•
Supplemental email from Fred Huebscher received November 12, 2013.
Action: To approve as presented the City Council minutes of the Special
meeting of July 23, 2013, and the Regular meetings of July 23 and August 13,
2013.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 72105
THROUGH 72287, 27433, 31317, 31319, 31497, 32045, 33090, 33188,
176900, 8070173, 20293121 AND 132406598, AND TO APPROVE
CANCELLATION OF CHECK NO. 72058 AS RECOMMENDED BY THE
FINANCE DIRECTOR.
Action: To ratify the check register as presented and approve the check
cancellation recommended by the Finance Director.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECEIVE AND FILE STATUS OF APPLICATION FOR LOCAL COASTAL
PROGRAM ASSISTANCE GRANT PROGRAM. Memorandum from
Community Development Director Ken Robertson dated November 4, 2013.
Action: To receive and file status of application for Local Coastal Program
Assistance Grant Program, as recommended by staff.
(e) RECOMMENDATION TO THANK THE PACIFIC COAST HIGHWAY/
AVIATION BOULEVARD IMPROVEMENT COMMITTEE MEMBERS FOR
THEIR SERVICE AND SIGNIFICANT ACCOMPLISHMENTS, DISSOLVE
THE PCH/AVIATION IMPROVEMENT COMMITTEE AND DIRECT STAFF
TO ENGAGE COMMITTEE MEMBERS AS A RESOURCE AS THE
CONCEPT PLAN AND CITYWIDE ECONOMIC DEVELOPMENT PLAN
MOVE FORWARD. Memorandum from Community Development Director
Ken Robertson dated November 5, 2013.
This item was removed from the consent calendar by Councilmember Bobko
at the request of George Barks for separate discussion later in the meeting.
Coming forward to address the Council on this item were:
George Barks — PCH/Aviation Committee, said members supported
dissolution of the Committee as it exists, but felt it was important for
them to remain involved until the project is shovel ready; suggested
restructuring the Committee to move forward;
Dean Nota — Committee member, said there was still much to do in the
design development process; noted the strong support by staff and two
councilmembers who provided leadership roles, saying the same level
of support is needed to make this project happen;
City Council Minutes 11-12-13 Page 13816
•
•
(f)
Sheryl Main — Committee member, urged the Council to move the project
forward; said members would like to see the project through, noting
their institutional knowledge that should be preserved; and
Steve Francis — Committee member and former PCH business owner,
stressed the importance of the Council's continued support of the
project, which will provide more revenue for the City.
Action: To continue the item to a future meeting, after newly elected Council
members are seated, for a discussion on how to proceed, with direction to
staff to report back with recommendations on how to utilize the talents of
Committee members and keep them involved through the process.
Motion Bobko, second Tucker. The motion carried by a unanimous vote.
RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN AN
ADDENDUM TO OUR CURRENT CONTRACT WITH STANLEY SECURITY
TO INSTALL A CAMERA SYSTEM DOWNTOWN AND APPROPRIATE
ADDITIONAL FUNDING FROM THE ASSET FORFEITURE FUND
($43,862.64) AND THE GENERAL FUND ($16,807.36) TO COMPLETE THE
PROJECT. Memorandum from Police Chief Sharon Papa dated October 22,
2013.
This item was removed from the consent calendar by Councilmember Bobko
at the request of J.D. Wilcox for separate discussion later in the meeting.
Police Chief Sharon Papa, City Manager Bakaly and City Attorney Jenkins
responded to Council questions.
Coming forward to address the Council on this item were:
J.D. Wilcox — Hermosa Beach, opposed installation of a camera system,
which will not prevent crime; said police should not spy on citizens;
expressed concern about the potential for abuse; presented slides; and
John Bowler — Hermosa Beach, concurred with Mr. Wilcox's comments; said
there was no demonstrated need for cameras and the money would be
better spent elsewhere; said citizens do not want to be spied on.
Action: To continue the item to the December 10 meeting, with direction to
staff to present a more comprehensive report for consideration at that time.
Motion Duclos, second Mayor DiVirgilio. The motion carried by a unanimous
vote.
(g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PCHIAVIATION IMPROVEMENT COMMITTEE MEETING OF
OCTOBER 3, 2013.
Action: To receive and file the action minutes of the PCH/Aviation
• Improvement Committee meeting of October 3, 2013.
City Council Minutes
11-12-13 Page 13817
(h) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER
• THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
November 4, 2013.
•
CLAIMANT: BERTUCCI, LEONARDO
DATE OF LOSS: 06-15-13
DATE FILED: 10-24-13
ALLEGATION: PERSONAL INJURY
CLAIMANT: LUZAN, DUSTIN
DATE OF LOSS: 03-27-13
DATE FILED: 07-08-13
ALLEGATION: PROPERTY DAMAGE
CLAIMANT: SIMMS, MARY
DATE OF LOSS: 06-18-13
DATE FILED: 08-28-13
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 APPROVE AGREEMENT FOR AN IN-SERVICE
FIREFIGHTER TRAINING PROGRAM WITH EL CAMINO COMMUNITY
COLLEGE DISTRICT AND AUTHORIZE THE CITY MANAGER TO SIGN IT.
Memorandum from Fire Chief David Lantzer dated November 5, 2013.
Action: To approve the staff recommendation to:
1) Approve the agreement for an in-service firefighter training program with
El Camino Community College District; and
2) Authorize the City Manager to sign the agreement.
(j) RECOMMENDATION TO APPROVE THE PURCHASE OF A NEW FIRE
APPARATUS IN THE AMOUNT OF $549,975 FROM PIERCE
MANUFACTURING INC. OF APPLETON, WISCONSIN MADE IN
RELIANCE ON A BID SOLICITATION BY THE CITY OF NEWPORT
BEACH; AND, AUTHORIZE THE MAYOR TO SIGN THE PURCHASE
AGREEMENT WITH PIERCE MANUFACTURING INC. FOR THE
PURCHASE AND DELIVERY OF SAID FIRE APPARATUS. Memorandum
from Fire Chief David Lantzer dated November 5, 2013. Supplemental email
from Fred Huebscher received November 12, 2013.
This item was removed from the consent calendar by Councilmember Bobko
at the request of Jim Lissner for separate discussion later in the meeting.
Fire Chief Lantzer responded to Council questions.
City Council Minutes 11-12-13 Page 13818
•
•
Coming forward to address the Council on this item was:
Jim Lissner — Hermosa Beach, asked the Council to continue the item and
ask staff to report back on maintenance costs of the older fire engines
and justification for a new one at this time, noting that money might be
better spent on the hiring of more firefighters/paramedics.
Action: To approve the staff recommendation to:
1) Approve the purchase of a new fire apparatus in the amount of $549,975
from Pierce Manufacturing Inc. of Appleton, Wisconsin made in reliance
on a bid solicitation by the City of Newport Beach; and
2) Authorize the Mayor to sign the Purchase Agreement with Pierce
Manufacturing Inc. for the purchase and delivery of said fire apparatus.
Motion Tucker, second Duclos. The motion carried by a unanimous vote.
(k) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO MOORE IACOFANO GOLTSMAN INC. (MIG) TO
PROVIDE DESIGN SERVICES FOR PROJECT NO. CIP 11-537 SOUTH
PARK PHASE I IMPROVEMENTS FOR A FIXED FEE OF $65,530;
AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST THE PROFESSIONAL SERVICES 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
Assistant to the City Manager Diane Strickfaden and Public Works Director
Frank Senteno dated November 12, 2013.
(I)
Action: To approve the staff recommendation to:
1) Award the Professional Services Agreement to Moore lacofano Goltsman
Inc. (MIG) to provide design services for Project No. CIP 11-537 South
Park Phase I Improvements for a fixed fee of $65,530;
2) Authorize the Mayor to execute and the City Clerk to attest the
Professional Services 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 ESTABLISHING AN
OVERSIDE VEHICLE PARKING PERMIT FEE OF $40.00 AND AMEND
RESOLUTION 11-6749 TO ADD THIS PERMIT FEE TO THE MASTER FEE
SCHEDULE. Memorandum from Police Chief Sharon Papa dated
November 4, 2013.
This item was removed from the consent calendar by Mayor pro tem Tucker
for separate discussion later in the meeting.
• Police Chief Papa responded to Council questions.
City Council Minutes
11-12-13 Page 13819
•
•
•
Action: To approve the staff recommendation to adopt Resolution No. 13-
6882, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING A FEE FOR OVERSIZE VEHICLE PERMITS
AND AMENDING RESOLUTION NO. 11-6749 TO ADD THE FEE TO THE
MASTER FEE SCHEDULE."
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(e), (f), (j) 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. TEXT AMENDMENT TO THE ZONING CODE TO ALLOW LIMITED
OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON
PRIVATE PROPERTY IN SPECIFIED COMMERCIAL ZONES SUBJECT TO
AN ADMINISTRATIVE PERMIT AND DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. Memorandum from Community
Development Director Ken Robertson dated November 4, 2013.
This item was continued to the November 26, 2013 meeting.
6. MUNICIPAL MATTERS
a. LIBRARY PROPERTY TAX REPORT — ANNUAL REPORT OF
EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from
City Manager Tom Bakaly dated November 5, 2013.
City Manager Bakaly presented the staff report and responded to Council
questions.
Action: To approve the staff recommendation to:
1) That the City Council receive the report submitted by the County Librarian;
and
2) Direct that the excess funds be placed in a Special Trust for improvements
to the Hermosa Beach Branch Library.
Motion Tucker, second Fishman. The motion carried by a unanimous vote.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
City Council Minutes
11-12-13 Page 13820
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
• CITY COUNCIL
a. CITY MANAGER PERFORMANCE BONUS — 2013. Memorandum from City
Council Subcommittee members Duclos and Tucker dated November 6,
2013.
Action: To approve annual bonus for the City Manager in an amount not to
exceed 7% of base salary.
Motion Duclos, second Tucker. The motion carried by a unanimous vote.
9. OTHER MATTERS - CITY COUNCIL
a. Request from Mayor DiVirgilio for Council approval in directing staff to
return to the November 26th City Council meeting with an executive
summary report of the following Strategic Policy Agenda item: Sewer
Replacement Program.
Councilmember DiVirgilio spoke to his request.
City Manager Bakaly responded to Council questions.
Action: To direct staff to present a briefing on the Sewer Replacement
Program at the meeting of November 26, 2013.
Motion DiVirgilio, supported by Bobko. The motion failed to garner a majority
vote.
b. Request from Mayor DiVirgilio for Council approval in directing staff to
begin our 2014 Strategic Plan conversation with the 'governance and
council rules' portion of the document and to prepare us accordingly.
Councilmember DiVirgilio spoke to his request.
City Manager Bakaly and City Attorney Jenkins responded to Council
questions.
Action: To direct staff to begin the Strategic Plan discussion on December 6,
2013, with the "governance and council rules" portion of the document.
Motion DiVirgilio, supported by Bobko and Tucker.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, November 12, 2013, at the hour of 9:58 p.m. to the
Regular meeting of Tuesday, November 26, 2013.
City Clerk
City
Deputy City Clerk
ncil Minutes 11-12-13 Page 13821
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, November 26, 2013, at the hour of
7:08 p.m.
•
ROLL CALL:
Present: Duclos, Fishman, Tucker, Mayor DiVirgilio
Absent: Bobko
PLEDGE OF ALLEGIANCE - Mayor DiVirgilio
CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum from
City Clerk Elaine Doerfling dated November 19, 2013. Supplemental information
from City Clerk Doerfling received November 26, 2013.
City Clerk Doerfling announced the election results and presented the resolution for
Council adoption. City Attorney Jenkins responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 13-6883,
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 5, 2013, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
Motion Fishman, second Duclos. The motion carried, noting the absence of Bobko.
COUNTY AND STATE PRESENTATIONS TO OUTGOING ELECTED OFFICIALS
California Assemblyman Al Muratsuchi, 66th District, presented commendations to
Councilmembers Duclos, Fishman and Bobko (absent) thanking them for their public
service.
Veronica Zendejas, representing State Senator Ted Lieu, presented commendations
to Councilmembers Duclos and Fishman thanking them for their public service.
Steve Napolitano, representing Los Angeles County Supervisor Don Knabe, thanked
Council members Duclos, Fishman and Bobko (absent) for their service and
presented commendations to each of them.
Manhattan Beach Mayor pro tem Wayne Powell presented commendations to
Councilmembers Duclos, Fishman and Bobko (absent) thanking them for their hard
work and public service.
CITY PRESENTATION TO OUTGOING ELECTED OFFICIALS
Mayor DiVirgilio, joined at the podium by Mayor pro tem Tucker, presented plaques
of appreciation to Councilmembers Duclos and Fishman, thanking them for their
service and congratulating them for their accomplishments, noting the plaque for
Councilmember Bobko, absent due to out-of-town business, would be given to him
later.
City Council Minutes
11-26-13 Page 13822
•
Outgoing Councilmember Duclos thanked his campaign treasurer Larry Fox, his
supporters, the voters for giving him the opportunity to serve, and his colleagues,
especially Councilmember Fishman; said it had been a phenomenal experience to
meet people he otherwise would not have met; expressed his appreciation to City
staff members who make the City what it is.
Outgoing Councilmember Fishman thanked voters for giving him the opportunity to
serve; cited the importance of different opinions among Councilmembers, each of
whom brings something unique; congratulated the newly elected officials, expressed
appreciation to City employees, thanked officials for presenting commendations, and
thanked his friends and family.
Mayor pro tem Tucker thanked outgoing Councilmembers Duclos and Fishman for
their hard work and community service, saying they would be greatly missed, as
would outgoing Councilmember Bobko, who led the City in many aspects.
Mayor DiVirgilio commended outgoing Councilmembers Duclos and Fishman for
their valuable service to the community, along with outgoing Councilmember Bobko;
expressed his appreciation to all three for their hard work and commitment.
OATH OF OFFICE TO INCOMING OFFICIALS — CERTIFICATE OF ELECTION
Mayor DiVirgilio requested the City Clerk to step down to the podium at this time to
• administer the oath of office to each of the newly elected officials.
City Clerk Doerfling first swore in newly elected City Treasurer Karen Nowicki.
At this time, City Clerk Doerfling introduced former California Supreme Court Justice
Carlos Moreno and invited him forward to swear in newly elected Member of the City
Council Nanette Barragan (per her request).
City Clerk Doerfling then swore in newly elected Members of the City Council
Carolyn Petty and Hany Fangary.
Mayor DiVirgilio welcomed the new Councilmembers as they took their seats on the
dais, and invited comments from each of them, as well as from new City Treasurer
Nowicki.
City Treasurer Nowicki thanked voters for electing her, saying she was humbled by
the election process and overjoyed by the support she had received, and vowed to
serve the City with competence and professionalism.
Councilmember Barragan thanked Justice Carlos Moreno for swearing her in, as he
did after she passed the California Bar and began working for him 10 years ago at
the California Supreme Court; acknowledged supporters, including David Gershwin,
Travis Dredd, Michael Keegan and Fred Huebscher; noted her open-door policy and
her commitment to serving the residents; said she looked forward to working with the
other Councilmembers.
City Council Minutes 11-26-13 Page 13823
•
•
Councilmember Petty said it was an honor to sit at the dais and that she takes the
responsibility very seriously; said she was appreciative of having the opportunity to
serve the community and make a contribution to the town she loves; thanked her
husband and daughters for their support; pledged to work as a team with the other
Councilmembers; and thanked all her supporters.
Councilmember Fangary thanked his wife and children for their support, campaign
manager Larry Fox, and all of his supporters; acknowledged the support/guidance of
outgoing Councilmembers Duclos and Fishman and expressed gratitude to them
and outgoing Councilmember Kit Bobko for improving the City during their tenures;
acknowledged members of the group "Keep Hermosa Hermosa."
Mayor pro tem Tucker welcomed the three new Councilmembers, saying their
special skill sets would help advance Hermosa; and said he was looking forward to
working with them.
Mayor DiVirgilio said he was excited to work with the three new Councilmembers
and City Treasurer, with their new points of view, and was pleased to have a
feminine voice on the Council.
The meeting recessed at 8:33 p.m.
The meeting reconvened at 8:53 p.m.
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Mayor pro tem Tucker asked that the meeting be adjourned
in memory of longtime Hermosan Ralph Turkolu, who had represented Turkey in the
1948 London Olympics as a member of the water polo team, and Harold Hoffman,
longtime Lawndale mayor; invited participation in the annual Beach Cities Toy Drive,
with donations dropped off at the Hermosa/Manhattan fire stations, and the 11 a.m.
wrapping party on December 21 at Hermosa's Community Center, noting that the
donations are distributed to several local charities; cited the integrity of City Manager
Bakaly, who brought an error to the City's attention when he inadvertently received a
larger than intended bonus; wished everyone a happy Thanksgiving, noted Black
Friday in downtown Hermosa, and encouraged residents to shop Hermosa.
Mayor DiVirgilio said he appreciated City Manager Bakaly's integrity regarding the
bonus and his interest in communication with the City Council.
PRESENTATION
OIL PROJECT STATUS REPORT
CITY MANAGER
• (City Council/Planning Commission Roles/Responsibilities dated November 6, 2013.
Supplemental information received November 26, 2013 from City Manager Bakaly.)
City Council Minutes
11-26-13 Page 13824
•
•
City Attorney Jenkins recapped the briefing he gave at the November 19 Planning
Commission meeting on Council and Commission roles and responsibilities relating
to E&B's proposed oil production project; said the EIR is currently in draft form and
will be presented to the Council when finalized, with opportunity for public comment.
In response to Council questions, City Manager Bakaly said he was aware of a door-
to-door survey underway, but stressed that the City is not conducting the survey as
had been represented (or inferred) by survey -takers to at least two residents.
Mayor DiVirgilio said the third workshop about understanding EIRs will take place at
7-9 p.m. Thursday, December 5, noting that more workshops, which are valuable
resources to the public, will take place once the EIR is released.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Craig Cadwallader — Surfrider Foundation South Bay Chapter, encouraged
residents to familiarize themselves with the EIR process, the "roles and
responsibilities" document referenced above, and other critical matters;
JD Wilcox - Hermosa Beach, said the government is not empowered to do
anything that is not cited in the Constitution; encouraged new members
to take their oaths seriously and uphold the Constitution;
Jim Lissner- Hermosa Beach, questioned last meeting's approved purchase
of a new fire engine prior to conducting a comprehensive study and the
trade-in value of one vehicle (Mayor pro tern Tucker cited the age of
the vehicle and its need for constant maintenance and said the State
determines trade-in value); and
Manny Serrano - Hermosa Beach, congratulated the three new Council
members, cited Mayor DiVirgilio and Mayor pro tem Tucker for doing a
great job, and said this Council will make a great team.
At this time Mayor DiVirgilio asked if the Council wished to table any items until the
next meeting when election results are official (after the recount) or continue with a
full meeting. It was the consensus of the City Council to move forward this evening.
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) Petty and (f) Barragan.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 10, 2013.
City Council Minutes 11-26-13 Page 13825
Action: To approve the minutes of the Regular Meeting of the City Council
• held on September 10, 2013, as presented.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 72288
THROUGH 72413, AND NOS. 164239, 164240, 177077, 177081, 177082,
AND 2013111.
Action: To ratify the check register as presented.
(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 OCTOBER 2013
FINANCIAL REPORTS:
1) Revenue and expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the October 2013 financial reports.
(e) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES
• AGREEMENT TO RALPH ANDERSEN & ASSOCIATES TO CONDUCT A
CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY IN AN
AMOUNT NOT TO EXCEED $39,125; AND, AUTHORIZE THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL
SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY
ATTORNEY. Memorandum from Assistant to the City Manager Diane
Strickfaden dated November 26, 2013.
•
This item was removed from the consent calendar by Councilmember Petty
for separate discussion later in the meeting.
Assistant to the City Manager Strickfaden and City Manager Bakaly
responded to Council questions.
Action: To approve the staff recommendation to:
1) Award the Professional Services Agreement to Ralph Andersen &
Associates to conduct a city-wide classification and compensation study;
in an amount not to exceed $39,125;
2) Authorize the Mayor to execute and the City Clerk to attest the
Professional Services Agreement subject to approval by the City Attorney;
and
3) Direct staff to present at a study session information on the classification
study, followed by City Council discussion and input on the definition of
comparable cities before the compensation study is conducted.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
City Council Minutes 11-26-13 Page 13826
• (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF NOVEMBER 19, 2013.
(g)
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting with regard to Planning
Commission agenda item 13.a.
City Manager Bakaly and City Attorney Jenkins responded to Council
questions.
Proposed Action: To direct staff to return with a policy on enforcement of
the 50-50 rule and what is required of establishments in terms of compliance,
including a consequence for the establishments that are not cooperative with
the auditor and do not comply.
Motion Tucker, second Barragan. (Replaced below by a substitute motion)
Action: To direct staff to return in February, after the Planning Commission
has taken final action on agenda item 13.a. (which had been continued to its
January 21, 2014 meeting) with policy recommendations for 50-50 audits.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
Final Action: To receive and file the action minutes of the Planning
Commission meeting of November 19, 2013.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
November 13, 2013.
Action: To receive and file the report giving the status of capital
improvements that are either under design or construction as of October 31,
2013.
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF AUGUST 6, 2013.
(i)
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of August 6, 2013.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE SPECIAL PARKS, RECREATION AND COMMUNITY RESOURCES
ADVISORY COMMISSION MEETING OF SEPTEMBER 16, 2013.
Action: To receive and file the action minutes of the Special Parks,
Recreation and Community Resources Advisory Commission meeting of
September 16, 2013.
City Council Minutes 11-26-13 Page 13827
• (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF OCTOBER 1, 2013.
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of October 1, 2013.
(k) RECOMMENDATION TO APPROVE THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF REDONDO BEACH,
THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH
AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
REGARDING THE ADMINISTRATION AND COST SHARING FOR
DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT
PROGRAM (EWMP) AND THE COORDINATED INTEGRATED
MONITORING PROGRAM (CIMP) FOR THE SANTA MONICA BAY
WATERSHED AND THE DOMINGUEZ CHANNEL WATERSHED TO
COMPLY WITH MUNICIPAL STORMWATER PERMIT; AND, AUTHORIZE
THE CITY MANAGER TO SIGN THE MOU. Memorandum from Public
Works Director Frank Senteno dated November 5, 2013. Supplemental
memorandum from Director Senteno received November 26, 2013.
Action: To approve the staff recommendation to:
1) Approve the Memorandum of Understanding (MOU) between the City of
Redondo Beach, the City of Hermosa Beach, the City of Manhattan Beach
and the Los Angeles County Flood Control District regarding the
administration and cost sharing for development of the Enhanced
Watershed Management Program (EWMP) and the Coordinated
Integrated Monitoring Program (CIMP) for the Santa Monica Bay
Watershed and the Dominguez Channel Watershed to comply with the
Municipal Stormwater Permit; and
2) Authorize the City Manager to sign the MOU.
(I) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT TO
SURFSIDE RESTORATION & WATERPROOFING, INC. TO PROVIDE
CONSTRUCTION SERVICES FOR PROJECT CIP NO. 13-663 — PARKING
STRUCTURE REPAIR IN THE AMOUNT OF $34,180; AUTHORIZE THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY CITY
ATTORNEY; ADOPT RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE
DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 13-663
PARKING STRUCTURE REPAIRS PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT"; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
MAKE CHANGES TO THE CONTRACT WITHIN THE PROJECT BUDGET
AMOUNT. Memorandum from Public Works Director Frank Senteno dated
November 19, 2013.
City Council Minutes 11-26-13 Page 13828
•
Action: To approve the staff recommendation to:
1) Award the Construction Contract to Surfside Restoration & Waterproofing
Inc. to provide construction services for Project CIP No. 13-663 — Parking
Structure Repair in the amount of $34,180;
2) Authorize the Mayor to execute and the City Clerk to attest the
Construction Contract subject to approval by the City Attorney; and
3) Adopt Resolution No. 13-6884, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP No. 13-663 PARKING STRUCTURE REPAIRS PURSUANT TO
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT"; and
4) Authorize the Director of Public Works to make changes to the contract
within the project budget amount.
At 9:23 p.m., the order of the agenda moved to item 5.a.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
• Items 2(e) and (f) were heard at this time but are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
At 10:14 p.m., the order of the agenda moved to item 8.a.
5. PUBLIC HEARINGS
a. TEXT AMENDMENT TO THE ZONING CODE TO ALLOW LIMITED
OUTDOOR SEATING ACCESSORY TO FOOD ESTABLISHMENTS ON
PRIVATE PROPERTY IN SPECIFIED COMMERCIAL ZONES SUBJECT TO
AN ADMINISTRATIVE PERMIT AND DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. (Continued from meeting of November
12, 2013) Memorandum from Community Development Director Ken
Robertson dated November 19, 2013.
Community Development Director Robertson noted the staff recommendation
to continue the item to the January 14 meeting.
The public hearing opened at 9:25 p.m. As no one came forward to address the
• Council on this item, the public hearing closed at 9:25 p.m.
City Council Minutes
11-26-13 Page 13829
•
•
•
Action: To approve the staff recommendation to continue the item to the
meeting of January 14, 2014, with direction that staff re -notice the matter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
b. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION
RESOLUTION 13-31 TO DENY A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW A MODIFICATION FROM ON -SALE BEER AND
WINE TO ON -SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN
EXISTING RESTAURANT (SILVIO'S BRAZILIAN BARBEQUE), IN
EXCHANGE FOR MODIFICATION OF OPERATION HOURS FROM
UNRESTRICTED TO THE FOLLOWING LIMITED HOURS: 8:O0AM TO
11:OOPM SUNDAY THROUGH WEDNESDAY, AND 8:OOAM TO 1:00AM
THE DAY FOLLOWING THURSDAY, FRIDAY AND SATURDAY AND
CERTAIN HOLIDAYS, AT 20 PIER AVENUE. Memorandum from
Community Development Director Ken Robertson dated November 19, 2013.
Community Development Director Robertson said the applicant had
requested a continuance to the January 14, 2014 meeting.
The public hearing opened at 9:29 p.m. Coming forward to address the Council on
this item was:
Doug Howarth — Silvio's Brazilian Barbeque, said the continuance was
requested to provide additional time for the new Councilmembers to
review his request.
The public hearing closed at 9:30 p.m.
Action: To approve the applicant's request to continue the item to the
meeting of January 14, 2014, with direction that staff re -notice the item with a
new mailing to residents and publication in the newspaper at City expense.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
6. MUNICIPAL MATTERS
a. RESIDENT'S REQUEST FOR ONSTREET DISABLED PARKING SPACE
AT 909 THIRD STREET. Memorandum from Public Works Director Frank
Senteno dated November 18, 2013.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Attorney Jenkins also responded to Council
questions.
Coming forward to address the Council on this item was:
Jon Scanlon — resident/property owner, said they had no driveway/garage
with only street parking available to them; urged the Council to approve
his request for an onstreet disabled parking space for his ill wife.
City Council Minutes 11-26-13 Page 13830
•
•
•
Action: To approve the staff recommendation to:
1) Grant the request for a disabled parking space at 909 3rd Street; and
2) Direct staff to return to City Council in one year for a review of the disabled
parking use.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
At 9:50 p.m., the order of the agenda moved to item 4.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meeting of
November 12, 2013) Memorandum from City Clerk Elaine Doerfling dated
November 19, 2013.
City Clerk Doerfling requested a continuance to allow time for her to prepare
a more detailed description of the various committees for the benefit of the
new Councilmembers, and responded to Council questions.
Action: To continue the item to the meeting of December 10, 2013.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
b. VACANCIES — BOARDS AND COMMISSIONS: SCHEDULE INTERVIEWS
— CIVIL SERVICE BOARD UNEXPIRED TERM ENDING JULY 15, 2014.
Memorandum from City Clerk Elaine Doerfling dated November 18, 2013.
City Clerk Doerfling presented the report and responded to Council questions.
Action: To schedule a meeting for 6:30 p.m. prior to the regular meeting of
Tuesday, January 14, 2014, for the purpose of interviewing Civil Service
Board applicants to fill an unexpired term ending July 15, 2014, with
appointment to be made that evening at the regular meeting.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
c. VACANCIES — BOARDS AND COMMISSIONS — EMERGENCY
PREPAREDNESS ADVISORY COMMISSION UNEXPIRED TERM ENDING
MAY 31, 2017. Memorandum from City Clerk Elaine Doerfling dated
November 18, 2013.
Action: To direct the City Clerk to advertise the Emergency Preparedness
Advisory Commission vacancy inviting applicants from persons interested in
being appointed to fill an unexpired term ending May 31, 2017.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
9. OTHER MATTERS - CITY COUNCIL
City Council Minutes
11-26-13 Page 13831
•
a. REQUEST FROM MAYOR PRO TEMPORE TUCKER TO SEND A
FIVE -SIGNATURE LETTER TO BOEING, THE MAYOR OF LONG BEACH,
OUR DELEGATIONS IN SACRAMENTO AND WASHINGTON, AND THE
GOVERNOR IN STRONG SUPPORT OF BRINGING THE BOEING 777X
JETLINER TO LONG BEACH, CALIFORNIA.
Mayor pro tern Tucker spoke to his request. City Manager Bakaly and City
Attorney Jenkins responded to Council questions.
Action: To direct staff to send a five -signature letter to Boeing, the Mayor of
Long Beach, the City's delegations in Sacramento and Washington, and the
Governor in strong support of bringing the Boeing 777X Jetliner to Long
Beach, California.
Motion Tucker, supported by Fangary and Barragan.
At this time, discussion ensued, with City Attorney Jenkins responding to Council
questions, on whether to proceed with the Strategic Planning Sessions as currently
scheduled (December 6 and 7, 2013) given the Council election recount in progress.
It was the consensus of the Council to postpone the Strategic Planning Sessions
until January, 2014, when the recount is completed and the Council election results
are official.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
• Beach adjourned, in memory of Ralph Turkolu and Howard Hoffman, on Tuesday,
November 26, 2013, at the hour of 11:00 p.m. to the Regular Meeting of Tuesday,
December 10, 2013.
•
Deputy City Clerk
City Council Minutes
11-26-13 Page 13832
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, December 10, 2013, at the hour of
6:06 p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
2. APPROVAL OF MINUTES:
a. Closed Session meeting held on October 22, 2013; and
b. Closed Session meeting held on November 12, 2013.
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(d)(1)
Name of Case: McColgan v. City of Hermosa Beach
Los Angeles County Superior Court Case Number: YC068203
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, December 10, 2013, at the hour of
6:07 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 7:10 p.m.
PLEDGE OF ALLEGIANCE — Gary Brutsch
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
• before the Council adjourned into the closed session, no agenda items added, and
no reportable actions taken.
City Council Minutes 12-10-13 Page 13833
•
•
City Attorney Jenkins invited forward members of the Mira Costa High School vocal
ensemble, led by Dr. Michael Hayden, Choral Director (one of five California
Teachers of the Year), who sang three Christmas carols. Dr. Hayden thanked the
Council for allowing them to perform and invited the community to their free concert
on Monday, December 16.
ANNOUNCEMENTS — Councilmember Fangary thanked the Councilmembers who
served the last four years, as well as Gila Katz, Jack Burns and Ray Waters, for their
service to the community; encouraged everyone to visit the annual Kiwanis Club
Christmas Tree Lot at the Community Center site.
At Councilmember Petty's request, City Manager Bakaly provided an update on the
recent power outage, noting that Edison had promptly contacted the City when the
unplanned outage (caused by wayward parrots) occurred; said he and Mayor pro
tem Tucker, along with representatives from other local cities, will meet next week
with the Public Utilities Commission to address infrastructure issues.
Mayor pro tem Tucker (1) spoke of the Beach Cities Toy Drive, which culminates
December 21, 11 a.m. — 2 p.m., at a gift wrapping party at Hermosa's Community
Center gym, with food provided by local restaurants and a commemorative t -shirt for
each participant; encouraged donors to drop off unwrapped toys at the Manhattan or
Hermosa fire stations and attend the party to wrap the donated items; and (2) noted
his annual holiday tradition of furnishing poinsettias (on display in the Council
Chambers) for City employees to take home after tonight's meeting.
Mayor DiVirgilio (1) spoke of attending a Governor's Council meeting yesterday at El
Segundo's Aerospace Corporation to discuss aerospace issues and educate people
about the Los Angeles Air Force Base in El Segundo, acknowledged Assemblyman
Muratsuchi, of the 66th District, for his efforts in persuading Governor Brown to
commission a study on how California military bases can prepare for budget cuts,
noting the State's desire to be more proactive in its approach to protecting military
bases and their employees; and (2) requested that tonight's meeting be adjourned in
memory of Theresia Thompson, a longtime resident who moved here in 1952 from a
refugee camp in Europe, noting her surviving son, former Councilmember JR
Reviczky, and daughter, Maria Cracknell, both active members of the community.
(The following announcement took place during Presentations, but is shown here
under Announcements for purposes of clarity.)
City Clerk Doerfling reported on the League of California Cities "City Clerks New
Law and Elections Seminar" which she attended last week in San Diego, said the
program was excellent with informative sessions on new State laws and other issues
relevant to the City Clerk's office, and singled out City Attorney Jenkins and his wife
and partner Christi Hogin for their dazzling Brown Act presentation, which held the
interest of everyone there.
City Council Minutes
12-10-13 Page 13834
•
PRESENTATIONS
CERTIFICATE OF RECOGNITION TO
RETIRING POLICE CHAPLAIN GILA KATZ
Mayor DiVirgilio read aloud and presented to Gila Katz the Certificate of Recognition
expressing the City's gratitude for her nearly 10 years of excellent service and also a
Commendation from State Senator Ted Lieu recognizing her service over the years.
Ms. Katz said it had been an honor and a great pleasure to serve, and spoke of the
accomplishments of the Chaplain Program.
PRESENTATION OF CERTIFICATES OF RECOGNITION TO
OUTGOING HERMOSA BEACH CITY SCHOOL DISTRICT
BOARD OF TRUSTEES MEMBERS
JACK BURNS & RAY WATERS
Mayor DiVirgilio presented the Certificates of Recognition to outgoing School Board
members Jack Burns and Ray Waters, commending them for their years of excellent
service, and wishing each of them a happy retirement.
Mr. Waters and Mr. Burns each spoke of the School Board's great accomplishments
over the years and expressed the hope that the City and the School Board would
continue to stand united and work together.
(City Clerk Doerfling's seminar report is shown under Announcements for clarity.)
BRIEFING FROM THE CALIFORNIA ENERGY COMMISSION ON
THE REDONDO BEACH ENERGY PROJECT
Roger Johnson, California Energy Commission (CEC) Deputy Director, Siting,
Transmission and Environmental Protection Division, spoke of the status of the CEC
permitting process for the Redondo Beach energy project (AES), gave a PowerPoint
presentation demonstrating the objectives of the project and proposed plans for the
modernization of the existing site, said project documents may be viewed at local
libraries and at the CEC, and responded to Council questions.
In response to a request by Mayor pro tem Tucker, City Manager Bakaly said all
contact information would be posted on the City's website.
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time were:
JD Wilcox - Hermosa Beach, asked Councilmembers to uphold their oath of
office and defend Hermosa from all enemies; said they lacked authority
to do anything not cited in the Constitution;
Fred Huebscher - Hermosa Beach, showed photos and expressed concerns
about rusty trash and recycling receptacles on Pier Avenue; submitted
to the City Clerk a $200 donation toward the purchase of new
City Council Minutes 12-10-13 Page 13835
•
receptacles (City Manager Bakaly spoke of the bid requirement; said
the matter would be discussed at the January 28 meeting); and
Sal Longo - Hermosa property/business owner, spoke in opposition to the
moratorium on liquor licenses in the hill section (City Manager Bakaly
noted the citywide cap on late night alcohol establishments).
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j)
with the exception of the following item, which was removed for discussion in
item 4, but is shown in order for clarity: 2(b) Barragan.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
At 8:09 p.m., the order of the agenda moved to item 5.a., Public Hearings.
(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
CITY CLERK ELAINE DOERFLING REGARDING THE APPROVAL OF
MINUTES.
Action: To receive and file the memorandum from City Clerk Doerfling
regarding approval of minutes.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 72414
0
THROUGH 72527, 183685, 2013112 AND 20131127.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
•
City Manager Bakaly responded to Council questions.
Coming forward to address the Council on this item was:
JD Wilcox - Hermosa Beach, asked for details on the "camera replacement"
entry, e.g. for use in police vehicles or on police officers themselves
(City Manager Bakaly said he would report back with clarification).
Action: To ratify the check register as presented.
Motion Barragan, second Petty. The motion carried by a unanimous vote.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER
THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
December 3, 2013.
City Council Minutes 12-10-13 Page 13836
•
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
DOMAEL, FILEMON
05-21-13
11-25-13
PERSONAL INJURY
BEHM, MATTHEW
05-22-13
11-25-13
PERSONAL INJURY
SAAD, SAMEH
05-31-13
11-25-13
FALSE ARREST
Action: To deny the above -noted claims and refer them to the City's Liability
Claims Administrator, as recommended.
(e) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING DATES
FOR THE 2013-14 MIDYEAR BUDGET REVIEW AND THE 2014-15
BUDGET: MIDYEAR BUDGET REVIEW ON TUESDAY, FEBRUARY 11,
2014 AT 7:00PM, PRE-BUDGET/GOAL REVIEW WITH CITY COUNCIL ON
THURSDAY, FEBRUARY 27, 2014 AT 7:00PM AND BUDGET/CIP
WORKSHOP ON THURSDAY, MAY 22, 2014 AT 7:00PM. Memorandum
from Finance Director Viki Copeland dated October 28, 2013.
(f)
(g)
Action: To receive and file the recommended dates for the 2013-14 Midyear
Budget Review and the 2014-15 Pre -Budget meeting and Budget/CIP
Workshop.
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 2014 CALENDAR YEAR. Memorandum from City Clerk Elaine
Doerfling dated November 30, 2013.
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
2014 calendar year.
RECOMMENDATION TO ADOPT RESOLUTION APPROVING SUBMITTAL
OF A LOCAL COASTAL PROGRAM PLANNING GRANT TO THE
CALIFORNIA COASTAL COMMISSION IN THE AMOUNT OF $112,750 TO
PROVIDE FINANCIAL ASSISTANCE FOR DEVELOPMENT OF A LOCAL
COASTAL PROGRAM AND AUTHORIZE THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ALL APPLICATIONS, CONTRACTS AND
City Council Minutes 12-10-13 Page 13837
•
AGREEMENTS AND AMENDMENTS THERETO TO IMPLEMENT AND
CARRY OUT THE GRANT APPLICATION PACKAGE AND THE GRANT
PROJECT. Memorandum from Community Development Director Ken
Robertson dated November 26, 2013.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6885, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
AUTHORIZING SUBMITTAL OF A LOCAL COASTAL PROGRAM
GRANT APPLICATION TO DEVELOP A NEW LOCAL COASTAL
PROGRAM AND EXECUTION OF DOCUMENTS"; and
2) Authorize the City Manager or his designee to execute all applications,
contracts and agreements and amendments thereto to implement and
carry out the grant application package and the grant project.
(h) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY AToM
ENGINEERING CONSTRUCTION, INC. FOR THE CIP NO. 11-139
PROTECTIVE BOLLARDS AT PIER PLAZA AS COMPLETE; AUTHORIZE
THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE
STAFF TO RELEASE PAYMENT TO AToM ENGINEERING
CONSTRUCTION, INC. (5% RETAINED FOR 35 DAYS FOLLOWING
FILING OF NOTICE OF COMPLETION). Memorandum from Public Works
Director Frank Senteno dated December 3, 2013.
(i)
Action: To approve the staff recommendation to:
1) Accept the work performed by AToM Engineering Construction Inc. for the
CIP No. 11-139 Protective Bollards at Pier Plaza as complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to AToM Engineering Construction Inc.
(5% retained for 35 days following filing of Notice of Completion).
RECOMMENDATION TO APPROVE A WIRELESS COMMUNICATIONS
SITE LICENSE AGREEMENT WITH LOS ANGELES SMSA LIMITED
PARTNERSHIP, DBA VERIZON WIRELESS, FOR A WIRELESS
COMMUNICATIONS FACILITY AT THE MUNICIPAL PARKING FACILITY
FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE POTENTIAL FOR
FIVE (5) ADDITIONAL TERMS OF FIVE (5) YEARS EACH; AND
DETERMINES THE ACTIVITY IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, PER CEQA GUIDELINES
SECTIONS 15301 AND 15311 BECAUSE THE ACTIVITY WILL ALLOW
THE PLACEMENT OF A MINOR ACCESSORY FACILITY. Memorandum
from Community Development Director Ken Robertson dated November 26,
2013.
Action: To approve the staff recommendation to:
1) Approve a wireless communications site license agreement with Los
Angeles SMSA Limited Partnership, DBA Verizon Wireless, for a wireless
communications facility at the municipal parking facility for an initial term of
City Council Minutes 12-10-13 Page 13838
•
(j)
five (5) years, with the potential for five (5) additional terms of five (5)
years each; and
2) Determine the activity is categorically exempt from the California
Environmental Quality Act (CEQA), per CEQA Guidelines sections 15301
and 15311 because the activity will allow the placement of a minor
accessory facility.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF DECEMBER 4, 2013.
Action: To receive and file the action minutes of the Planning Commission
meeting of December 4, 2013.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Item 2(b) 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 10:47 p.m., the order of the agenda moved to item 8.a.
5. PUBLIC HEARINGS
a. APPROVAL OF THE 2013-2014 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM ALLOCATIONS FOR ADA RETROFITS AT
THE CIVIC CENTER, COMMUNITY CENTER, AND CLARK BUILDING.
Memorandum from Community Development Director Ken Robertson dated
December 2, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions.
The public hearing opened at 8:15 p.m. As no one came forward to address the
Council on this item, the public hearing closed at 8:15 p.m.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 13-6886, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2013-2014"; and
2) Revise the FY 2013-14 estimated revenue from $67,715 to $70,059 and
revise the appropriation from CIP 655 City Facilities ADA Transition Plan
and Improvements.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
City Council Minutes 12-10-13 Page 13839
• b. ADOPTION OF THE 2013 EDITIONS OF THE CALIFORNIA BUILDING
STANDARDS CODE WITH LOCAL AMENDMENTS FOR HERMOSA
BEACH AND DETERMINE ACTIVITY IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. Memorandum from
Community Development Director Ken Robertson dated November 26, 2013.
Supplemental memorandum from Director Robertson dated December 10,
2013. Two supplemental information items from Mayor pro tem Tucker
received December 10, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. Building/Code Enforcement Official Rollins
and City Attorney Jenkins also responded to Council questions.
The public hearing opened at 8:34 p.m. As no one came forward to address the
Council on this item, the public hearing closed at 8:34 p.m.
Proposed Action: To waive full reading and adopt the urgency ordinance,
waive full reading and introduce the regular ordinance, and determine the
activity is exempt from the California Environmental Quality Act because it
amends local codes for consistency with state laws to protect the public
health and safety and as applicable to local conditions, as recommended by
staff.
Motion Barragan. The motion died for lack of a second.
Action: To direct the amendment of Section 2 of both ordinances (urgency
and regular) to incorporate the following changes:
1) Section 3307.4 — change the time frame from six months to one year;
2) Section 3307.4 — add a new final sentence to read "The City shall provide
30 days written notice to the aggrieved party of its intent to release the
bond; and
3) Section 3307.5 — change the time frame from 48 hours to five days; and
Motion Fangary, second DiVirgilio. The motion carried by a unanimous
vote.
Final Action: To approve the staff recommendation to:
1) Waive full reading and adopt Urgency Ordinance No. 13-1344U, entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE
24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING
THE 2013 CALIFORNIA BUILDING CODE; PART 2.5 OF TITLE 24 OF
THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA RESIDENTIAL CODE; PART 3 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
City Council Minutes 12-10-13 Page 13840
•
CALIFORNIA PLUMBING CODE; PART 6 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ENERGY CODE; PART 9 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA FIRE CODE; PART 11 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA GREEN BUILDING STANDARDS CODE; AMENDING
SAID CODES; AMENDING TITLE 15 OF THE HERMOSA BEACH
MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF," as
amended this evening in the preceding motion;
2) Waive full reading and introduce Ordinance No. 14-1344, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE
24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING
THE 2013 CALIFORNIA BUILDING CODE; PART 2.5 OF TITLE 24 OF
THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA RESIDENTIAL CODE; PART 3 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA PLUMBING CODE; PART 6 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ENERGY CODE; PART 9 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA FIRE CODE; PART 11 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA GREEN BUILDING STANDARDS CODE; AMENDING
SAID CODES; AMENDING TITLE 15 OF THE HERMOSA BEACH
MUNICIPAL CODE," as amended this evening in the preceding motion;
and
3) Determine the activity (described in both the urgency ordinance and the
regular ordinances) is exempt from the California Environmental Quality
Act because it amends local codes for consistency with state laws to
protect the public health and safety and as applicable to local conditions.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
At 9:25 p.m., the meeting recessed.
At 9:31 p.m., the meeting reconvened.
6. MUNICIPAL MATTERS
a. MODIFICATION OF THE CITY BUILDING/PARK LIGHTING AND CITY -
OWNED STREET LIGHTS ENERGY EFFICIENCY PROJECT APPROVED
ON OCTOBER 22, 2013 TO UTILIZE SCE'S DIRECT INSTALL PROGRAM
FOR INTERIOR LIGHTING RETROFITS. Memorandum from Public Works
Director Frank Senteno dated December 2, 2013.
City Council Minutes 12-10-13 Page 13841
•
Mondher Saied, P.E., presented the staff report and responded to Council
questions. Greg Stevens of South Bay Cities Council of Governments, City
Manager Bakaly and City Attorney Jenkins also responded to Council
questions.
No one came forward to address the Council on this item.
Action: To approve the staff recommendation to:
1) Authorize staff to utilize SCE's Direct Install Program for interior lighting
retrofits and to take necessary actions required to modify the City
Building/Park Lighting and City -Owned Street Lights energy efficiency
project (Project 1) approved by Council on October 22, 2013; and
2) Reduce the advance from the Equipment Replacement Fund authorized at
the October 22, 2013 City Council meeting for these projects from the
amount of $658,991.48 to $426,076.56.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
b. FUTURE OF PACIFIC COAST HIGHWAY/AVIATION BOULEVARD
IMPROVEMENT COMMITTEE AND PROPOSAL TO CREATE ADVISORY
COMMITTEES. Memorandum from Community Development Director
Ken Robertson dated December 3, 2013.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
Coming forward to address the Council on this item were:
George Barks — Redondo Beach resident, Hermosa Beach property owner,
former PCH/Aviation Improvement Committee member, thanked the
mayor and mayor pro tem for their support and hoped for support from
the three new Councilmembers; supported staffs recommendation;
noting the committee worked long and hard on the project, which will
soon enter the design phase; and
Sheryl Main — Hermosa Beach resident, former PCH/Aviation Committee
member, said she had mixed emotions about dissolving the committee,
which was a grassroots community outreach effort, working to help
brand the City, and she had enjoyed serving with the group.
Action: To dissolve the PCH/Aviation Improvement Committee, with gratitude
to its members for their service and significant accomplishments, and to direct
staff to form an advisory committees as a resource as the concept plan and
citywide economic development efforts move forward.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
c. ATHENS SERVICES — ENHANCED STEAM CLEANING SERVICES.
Memorandum from Public Works Director Frank Senteno dated
November 29, 2013.
City Council Minutes 12-10-13 Page 13842
•
Public Works Director Senteno presented the staff report and responded to
Council questions. Public Works Superintendent Ells Freeman and City
Manager Bakaly also responded to Council questions.
No one came forward to address the Council on this item.
Action: To approve the staff recommendation as amended by the Council to:
1) Receive and file the Athens Services enhanced Steam Cleaning Services
Proposal;
2) Direct staff to include the cost increase for enhanced steam cleaning
services as part of FY 2013-14 Mid -Year Budget request;
3) Direct that business owners be notified of the enhanced steam cleaning
services schedule; and
4) Modify the steam cleaning schedule to make the frequency in the D1 Zone
seasonal, with weekly service in May through September, and monthly
service for the remainder of the year.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
At 10:34 p.m., the order of the agenda moved to item 4.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
• 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. CITY COUNCIL COMMITTEE ASSIGNMENTS. (Continued from meetings of
November 12, 2013 & November 26, 2013) Memorandum from City Clerk
Elaine Doerfling dated November 29, 2013. Supplemental information from
City Clerk Doerfling received December 10, 2013.
Action: To approve the staff recommendation to:
1) Appoint delegates and alternates to the various committees, consistent
with the policy of maintaining permanent representation whenever
possible;
2) Adopt Resolution No. 13-6887, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPOINTING A DELEGATE AND ALTERNATE TO SERVE AS THE
CITY'S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF
GOVERNMENTS (SBCCOG)";
3) Adopt Resolution No. 13-6888, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPOINTING A REPRESENTATIVE AND AN ALTERNATE
REPRESENTATIVE TO THE GOVERNING BOARD OF THE
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)';
and
4) Delete any obsolete temporary subcommittees as appropriate.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
City Council Minutes 12-10-13 Page 13843
• 9. OTHER MATTERS - CITY COUNCIL
a. Request from Councilmember Barragan to direct staff to return with a
discussion about setting up a complaint tracking system for service
requests from residents.
Councilmember Barragan spoke to her request.
City Manager Bakaly responded to Council questions.
Action: To direct staff to return with a discussion about setting up a
complaint tracking system for service requests from residents.
Motion Barragan, supported by DiVirgilio and Fangary.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of Theresia Thompson, on Tuesday, December 10,
2013, at the hour of 11:15 p.m. to the Community Dialogue on Thursday, December
12, 2013, at 7:00 p.m
•
•
City erk
Deputy City Clerk
City Council Minutes 12-10-13 Page 13844
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Thursday, December 12, 2013, at the
hour of 7:00 p.m.
The meeting took place at the following offsite location: 2nd Story Theater, 710 Pier
Avenue, Hermosa Beach.
COMMUNITY DIALOGUE
1. Review Community Subcommittee Work on Quality of Life and City Finances
2. Development of Decision Making Tool
The following members of the City Council were in attendance as observers only:
Present: Barragan, Fangary, Petty, Mayor DiVirgilio
Absent: Tucker
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
• Hermosa Beach adjourned on Thursday, December 12, 2013, at the hour of 9:30 p.m.,
to an Adjourned Regular Meeting on Friday, December 13, 2013, for a Community
Dialogue session scheduled to begin at the hour of 9:00 a.m.
City Clerk
•
City Council Minutes
12-12-13 Page 13845
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held offsite on Friday, December 13, 2013, at the
hour of 9:00 a.m.
•
•
The Community Dialogue session took place at the following offsite location: 2nd Story
Theater, 710 Pier Avenue, Hermosa Beach.
The following member of the City Council was in attendance as an observer only:
Present: Tucker
Absent: Barragan, Fangary, Petty, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Friday, December 13, 2013, at
the hour of 9:00 a.m., to an Adjourned Regular Meeting to be held on Friday, January 3,
2014, at 8:00 a.m., for the purpose of conducting a Strategic Planning workshop.
City Council Minutes
12-13-13 Page 13846
•
•
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Friday, January 3, 2014, at the
hour of 8:15 a.m.
PLEDGE OF ALLEGIANCE — Manhattan Beach Councilmember Tony D'Errico
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Also present were: City Manager, Assistant City Manager, City Attorney, City Clerk,
City Treasurer, and all City department heads.
PUBLIC PARTICIPATION: None
CITY COUNCIL STRATEGIC PLANNING SESSION. Report and all materials
provided by Lyle Sumek Associates, Inc.
Lyle Sumek, facilitator, began the session with the topic of governance, reviewing
the City's vision, mission, goals and action agenda (Section 4), as established by the
previous Council; explained Hermosa's council/manager form of government, with
the Council serving as Board of Directors and the City Manager as CEO; provided
percentages of typical citizen involvement (20% disgruntled, 60% not engaged, 20%
positively engaged); and discussed the various methods of social media.
The meeting recessed at 9:47 a.m.
The meeting reconvened at 10:00 a.m.
Stressing the importance of collaboration, teamwork and respect for the different
backgrounds of others, Mr. Sumek invited discussion and proposed changes to the
Governance Guide (Section 10), which included House Rules (Code of Conduct and
Civility), and began the discussion on Mayor and City Council Protocols.
The meeting recessed at 12:00 p.m.
The meeting reconvened at 12:10 p.m.
The Council continued its discussion of the remaining Protocols (Section 10).
At 12:55 p.m., the following members of the public came forward to address the
Council:
Sheryl Main — Hermosa Beach, said strategy and research are components of
good public relations (PR), but the City's former PR consultant charged
too much and lacked oversight by the City;
George Barks — Hermosa property owner, urged the Council to give priority to
the PCH/Aviation Improvement Committee's proposed plan, phasing in
the project with PCH south first, then PCH north, and then Aviation;
opposed delays to consider a round -about and bike lanes on Aviation;
City Council Minutes
01-03-14 Page 13847
•
Jessica Guheen - Hermosa Beach, said the South Park Design Committee
had been working over the past six years with the School District and
Beach Cities/Blue Zones on the plan; urged the Council to consider the
South Park proposal a priority; and
Julian Katz - Hermosa Beach, agreed with Mr. Barks that PCH improvements
should be done first; said the City should not do anything to limit the
opportunity for bike lanes on Aviation.
Public comment closed at 1:10 p.m.
Discussion then ensued on Issue Papers, with staff responding to questions:
1) Proposed Oil Project - Community Development Director Ken Robertson;
2) Economic Development - Administrative Analyst Nico De Anda
3) Fire/EMS Services - Fire Chief David Lantzer
4) Police Services - Police Chief Sharon Papa; Acting Captain Tom Thompson
5) Sewers - Public Works Director Frank Senteno
6) Storm Water - Public Works Director Frank Senteno and Consultant Kathleen
McGowan
7) PCH/Aviation - Public Works Director Frank Senteno
8) South Park Design - Assistant to the City Manager Diane Strickfaden
9) Carbon Neutrality - Community Development Director Ken Robertson
The meeting recessed at 4:07 p.m.
• The meeting reconvened at 4:21 p.m.
•
COMMUNITY DIALOGUE — QUALITY OF LIFE AND FINANCE INPUT
Mayor DiVirgilio welcomed the Community Dialogue Committee members and
thanked them for their work. City Manager Bakaly expressed appreciation to this
community group for stepping forward, noting that the process began last summer.
Coming forward to address the Council at this time were Community Dialogue
Committee members:
Andrea Valcourt - said the Committee's charter is to develop a decision-
making tool (a living document) for the Council to use when making its
decisions; said members split up into three subgroups, each working
independently of the others; described Hermosa as "best little beach
city" - a scenic small-town, friendly beach community, a party town, a
clean, green, safe city, with an accessible city government, involved
citizens, top-rated schools, and health -conscious residents;
Chris Miller - made a detailed presentation on Hermosa's Quality of Life,
noting the City's history as home of the West Coast Jazz movement
and the producer of 95% of the world's surfboards in the 50's and 60's,
highlighted features of the City included its diverse resident population,
environmental/economic sustainability, outdoor recreation, meaningful
community involvement, boutique shopping/dining, and accessibility;
City Council Minutes 01-03-14 Page 13848
•
•
•
Rick Sowers - provided an overview of the Finance Team's report, which
contrasted the City's budget/fiscal status to other similar cities and
identified the City's legal financial obligations and future opportunities
and possibilities; reviewed comparison charts depicting per capita
revenue/expenses, program expenditures, and other metrics; identified
the City's legal obligations vs. "wants," such as a new sewer system
and storm water upgrades; and
Robert Fortunato - said possibilities and opportunities are limited only by the
City's ability to engage the community, from which there are a lot of
creative ideas; stressed the importance of the City identifying and fully
occupying a position in the market place, differentiating itself, perhaps
as the first carbon neutral city, to attract/retain desirable businesses.
(Mayor pro tem Tucker left the meeting at 5:16 p.m.)
Continuing to come forward to address the Council were Community Dialogue
Committee members:
Julian Katz - said the Committee will be working for a few more weeks on the
decision-making tool; suggested that the City take advantage of the
group so that its members may continue contributing to the betterment
of the community; and
Mike Collins - noted that the Community Dialogue is a first for the City; said
the community is filled with a wealth of ideas, creativity, talent and
innovation; said a lot of people are willing to donate their time and
effort to work for the community.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Friday, January 3, 2014, at the hour of 5:33 p.m., to
an Adjourned Regular meeting on Saturday, January 4, 2014, at 8:00 a.m. for the
purpose of conducting another Strategic Planning Session.
City Council Minutes
01-03-14 Page 13849
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Saturday, January 4, 2014, at the
hour of 8:10 a.m.
•
PLEDGE TO THE FLAG - Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Also present were the City Manager, Assistant City Manager, City Attorney, City
Clerk, and all City department heads.
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time were:
George Barks - said there had been no Pacific Coast Highway improvements
since the utility undergrounding 30 years ago when he was on Council,
noting one Aviation Boulevard improvement since then; said the PCH/
Aviation Committee's $4 million design did not include a roundabout;
Jessica Guheen - South Park Design Committee, clarified that the community
garden is one element of a playground for educational value;
Dency Nelson - Hermosa Beach, said he installed solar panels 15 years ago,
and purchased an electric vehicle in 2002; urged the City Council to
consider a carbon -neutral commitment for the City; and
Mike Collins - Hermosa Beach, spoke of the need for the City, as a neutral
party, to put out factual information on the oil issue; said people should
also be aware of the reimbursement agreement.
CITY COUNCIL STRATEGIC PLANNING SESSION. Report and all materials
provided by Lyle Sumek Associates, Inc.
Lyle Sumek, facilitator, discussed plan updates, including the addition of "safe
community" as a fifth goal; defined "vision" as a value -based set of principles - the
Council's view of the City's future; and invited discussion and proposed changes to
Vision 2028 (Section 3), which was subsequently fine-tuned by Council consensus.
The meeting recessed at 9:50 a.m.
The meeting reconvened at 10:04 a.m.
Coming forward to address the Council at this time was:
Julian Katz - Hermosa resident/bicycle coalition member, spoke of available
grant opportunities in 2014 for transportation programs such as bike
lanes on Aviation Boulevard.
• The focus then moved to Section 7, and the City Council prioritized the list of 2019
Goals, designating "Commitment to a Safe Community" as the most important,
followed by "Financially Sound City Government" as #2; "High Performing City
City Council Minutes 01-04-14 Page 13850
•
•
•
Providing First -Class Services" as #3; "More Livable, Sustainable Beach City" as #4;
and "Enhanced Economic Development Corridors" as #5.
After fine-tuning the first goal's objectives, challenges/opportunities, and actions, the
Council by consensus selected its top six Objectives, top seven Challenges/
Opportunities, and top five Actions 2014 (Section 7).
The meeting recessed at 12:10 p.m.
The meeting reconvened at 12:30 p.m.
Coming forward to address the Council at this time were:
Stacy Armato - Hermosa Beach, spoke in support of moving forward with the
South Park Improvement project;
Isabel Rodriguez - Hermosa resident/Community Garden member, asked
that the South Park improvement project be given a higher priority,
noting its educational value for children;
Sheryl Main - Hermosa Beach, agreed, adding that the Community Garden's
educational value would apply to adults as well as children; and
Alice Villalobos - Hermosa Beach, reminded the Council of the special bond
between people and their pets and urged that areas of the City's parks
be designated for dogs.
After fine-tuning the objectives, challenges/opportunities, and actions for the second
and third goals, the Council by consensus selected its top six or seven Objectives,
Challenges/Opportunities, and Actions 2014 (Section 7).
The meeting recessed at 2:35 p.m.
The meeting reconvened at 2:54 p.m.
After fine-tuning the objectives, challenges/opportunities, and actions for the fourth
and fifth goals, the Council by consensus selected its top six or seven Objectives,
Challenges/Opportunities, and Actions 2014 (Section 7).
Mr. Sumek said he would prepare a summary and submit a draft for Council review
prior to the follow-up meeting on the Strategic Plan.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Saturday, January 4, 2014, at the hour of 5:29 p.m.,
to the Regular meeting of Tuesday, January 14, 2014, at 6:00 p.m.
City Council Minutes 01-04-14 Page 13851
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, January 14, 2014, at the hour of 6:04
p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
PUBLIC COMMENT:
Coming forward to address the Council at this time was:
Lori Ford — Gum Tree owner and Chamber of Commerce Board member,
spoke in support of the proposal to implement a pilot free -parking
program; said the Chamber of Commerce would be happy to help
promote the program; and responded to Council questions.
CONSIDERATION OF PILOT FREE PARKING PROGRAM. Memorandum from
Chief of Police Sharon Papa dated January 7, 2014.
Chief Papa presented the staff report, recommending that the City Council defer
implementing a pilot program until competing goals and objectives can be addressed
during the FY 2014-15 budget process in May. Chief Papa, City Manager Bakaly
and City Attorney Jenkins responded to Council questions.
City Council discussion on the topic ensued. Comments and questions included:
• Program must be well advertised, appreciate the Chamber's offer to assist;
• Free parking is a good idea, but need to know the cost to the City;
• Pilot must take place off-season, not during the summer months;
• Consider a more measured approach, perhaps every Wednesday;
• Installing smart meters throughout the City would result in revenue growth;
• Explore the residents' interest in voucher programs;
• More restaurants need to be open for lunch;
• Limit program to four hours a day, from 10 a.m. to 2 p.m.
• Specific locations for free parking must be selected; and
• Need a plan from the Chamber of Commerce and affected businesses.
City Manager Bakaly noted that the next strategic plan discussion will take place
Wednesday, January 29, 2014.
The meeting recessed at 6:33 p.m.
The meeting reconvened at 6:37 p.m. in the First Floor Conference Room.
INTERVIEW APPLICANTS FOR CIVIL SERVICE BOARD
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
City Council Minutes 01-14-14 Page 13852
•
•
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:
E. Thomas Moroney
Sharon Thompson
The interviewed applicants were advised that the Council would make the
appointment at this evening's regular meeting.
The meeting recessed at 6:55 p.m.
The meeting reconvened in the Council Chambers at 7:07 p.m.
PLEDGE OF ALLEGIANCE — Sal Longo
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Fangary thanked staff for putting together
the January 3 and 4 strategic planning sessions for two full days.
Councilmember Barragan announced (1) the Hazardous Waste Roundup Saturday,
January 25, from 9 a.m. to 3 p.m. near the Clark Building on Valley Drive; (2) the
next Strategic Planning Session at 5 p.m. Wednesday, January 29, in the Council
Chambers; and (3) the Beach Cities Health District's Purpose Workshop/Volunteer
Fair, from 8:30 a.m. to noon on Saturday, January 18.
PRESENTATION
PARKING PERMIT ART CONTEST WINNER
Mayor DiVirgilio displayed the winning entry (from among 14 submissions), called
forward Brittan Durham, and thanked and congratulated him. Mr. Durham thanked
his girlfriend for her assistance and commended the City for inviting residents to
participate in the contest.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
• Coming forward to address the Council at this time were:
City Council Minutes 01-14-14 Page 13853
•
•
•
Sal Longo - Hermosa Beach resident/Suzy's Bar & Grill owner, asked that
the City's moratorium on full -alcohol liquor licenses be relaxed in the
hill section, where no full -alcohol establishments currently exist;
Jose Bacallao - Hermosa Beach resident/Heal the Bay member, addressed
the need for transparency with regard to the draft environmental impact
report (EIR) for the oil project;
Barbara Ellman - Hermosa Beach, addressed concerns regarding the
contract for the public relations firm used by the City and urged further
public discussion about it;
JD Wilcox - Hermosa Beach, referred to recent videos on YouTube about
elevated radiation levels on various beaches and asked what effect it
would pose for the City; and
Allan Mason - Hermosa Beach, asked for the opportunity to discuss at a
future meeting the topic of instant run-off voting; referenced the
www.fairvote.orq website.
(a) Letter from Howard Lonqacre regarding the Adjourned Regular City
Council Meeting of December 12, 2013 at 7:00 p.m.
No one came forward to address the Council on this matter. City Attorney Jenkins
responded to Council questions.
Action: To receive and file the letter.
Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous
vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(a), (b), (c), (d) Barragan, and
2(g) Fangary.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
At 7:26 p.m., the order of the agenda moved to item 3(a).
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 24, 2013.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of September 24, 2013.
Motion Mayor DiVirgilio, second Tucker. The motion carried, noting the
abstention of Barragan.
City Council Minutes
01-14-14 Page 13854
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14102,
0 23456, 72528 THROUGH 72719, 72787 THROUGH 72816, 79985, 235661,
236650, 245946, 1706871 AND 3653740 AS RECOMMENDED BY THE
CITY TREASURER.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
Action: To continue the check register to the meeting of January 28, 2014.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
Action: To receive and file tentative future agenda items.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
FINANCE DIRECTOR VIKI COPELAND REGARDING THE NOVEMBER
2013 REVENUE AND EXPENDITURE REPORTS AND THE CITY
TREASURER'S REPORTS.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
Finance Director Copeland responded to Council questions.
Action: To receive and file the memorandum from Finance Director Viki
Copeland regarding the November 2013 Revenue and Expenditure Reports
and the City Treasurer's Reports.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
December 15, 2013.
(f)
•
Action: To receive and file the project status report giving the status of
capital improvements that are either under design or construction as of
November 30, 2013.
RECOMMENDATION TO ACCEPT DONATIONS OF $1,000 FROM
WILLIAM SCOTT MOWREY AND DARLENE K. MOWREY TO BE USED
FOR THE K9 PROGRAM AND $200 FROM FRED HUEBSCHER DBA THE
POLITICAL SCIENTIST TO BE USED FOR PIER AVENUE TRASH
City Council Minutes
01-14-14 Page 13855
(g)
REPAIR. Memorandum from Finance Director Viki Copeland dated January
14, 2014.
Action: To accept the following donations:
- $1,000 from William Scott Mowrey and Darlene K. Mowrey to be
used for the K9 Program, and
- $200 from Fred Huebscher DBA the Political Scientist to be used
for Pier Avenue trash receptacle repair.
RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum
from Assistant to the City Manager Diane Strickfaden dated December 31,
2013.
This item was removed from the consent calendar by Councilmember
Fangary for separate discussion later in the meeting.
Assistant to the City Manager Strickfaden responded to Council questions.
CLAIMANT: ROBERTS, STEVEN
DATE OF LOSS: 09-27-13
DATE FILED: 12-17-13
ALLEGATION: PERSONAL INJURY
Action: To deny the above -noted claims and refer them to the City's Liability
Claims Administrator, as recommended.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
(h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 20, 2013.
(I)
Action: To receive and file the action minutes of the Public Works
Commission meeting of November 20, 2013.
RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP
#71951 FOR A 3 -UNIT CONDOMINIUM PROJECT AT 162 MONTEREY
BOULEVARD. Memorandum from Community Development Director Ken
Robertson dated January 6, 2014.
Action: To approve the staff recommendation to adopt Resolution No. 14-
6889, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
71951 FOR THE SUBDIVISION OF A THREE -UNIT CONDIMINIUM,
LOCATED AT 162 MONTEREY BOULEVARD AVENUE IN THE CITY OF
HERMOSA BEACH, CALIFORNIA."
(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP
#71363 FOR A 3 -UNIT CONDOMINIUM PROJECT AT 1516 MONTEREY
City Council Minutes 01-14-14 Page 13856
BOULEVARD. Memorandum from Community Development Director Ken
• Robertson dated January 6, 2014.
Action: To approve the staff recommendation to adopt Resolution No. 14-
6890, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
71363 FOR THE SUBDIVISION OF A THREE -UNIT CONDIMINIUM,
LOCATED AT 1516 MONTEREY BOULEVARD AVENUE IN THE CITY OF
HERMOSA BEACH, CALIFORNIA."
3. CONSENT ORDINANCES
a. ORDINANCE NO. 14-1344 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2
OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS,
COMPRISING THE 2013 CALIFORNIA BUILDING CODE; PART 2.5 OF
TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING
THE 2013 CALIFORNIA RESIDENTIAL CODE; PART 3 OF TITLE 24 OF
THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA PLUMBING CODE; PART 6 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA ENERGY CODE; PART 9 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2013
CALIFORNIA FIRE CODE; PART 11 OF TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS, COMPRISING THE 2013 CALIFORNIA GREEN
BUILDING STANDARDS CODE; AMENDING SAID CODES; AND
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE."
For adoption. Memorandum from City Clerk Elaine Doerfling dated January
8, 2014.
Action: To waive full reading and adopt Ordinance No. 14-1344.
Motion Tucker, second Fangary. The motion carried by the following vote:
AYES: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
NOES: None
ABSENT: None
ABSTAIN: None
At 7:30 p.m., the order of the agenda moved to Public Hearing item 5(a).
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
• DISCUSSION
City Council Minutes
01-14-14 Page 13857
Items 2(a), (b), (c) (d), and (g) were heard at this time, starting with item 2(g)
and followed by 2(a) through 2(d), but all items are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
At 10:50 p.m., the order of the agenda moved to Municipal Matter Item 6(c).
5. PUBLIC HEARINGS
a. CONSIDERATION OF TEXT AMENDMENT TO THE ZONING CODE TO
ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO FOOD
ESTABLISHMENTS ON PRIVATE PROPERTY IN COMMERCIAL ZONES
AND ZONES THAT ALLOW COMMERCIAL USES SUBJECT TO AN
ADMINISTRATIVE PERMIT AND DETERMINATION THAT THE PROJECT
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. (Continued from November 12, 2013 &
November 26, 2013) Memorandum from Community Development Director
Ken Robertson dated January 6, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
The public hearing opened at 7:45 p.m. Coming forward to address the Council on
this item was:
Anne Sullivan — Hermosa Beach, voiced concern about allowing tables and
chairs on sidewalks, noting how difficult it is to walk past Starbucks
because of potted plants/trees and bicycles chained to parking meters.
The public hearing closed at 7:46 p.m.
Action: To approve the staff recommendation to waive full reading and
introduce Ordinance No. 14-1345, entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE, CHAPTER 17 (ZONING), TO ALLOW
LIIMITED OUTDOOR SEATING ACCESSORY TO FOOD
ESTABLISHMENTS ON PRIVATE PROPERTY IN C-1, C-2 AND SPA -11
ZONES SUBJECT TO AN ADMINISTRATIVE PERMIT AND
DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
Motion Petty, second Tucker. The motion carried by a unanimous vote.
b. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION
RESOLUTION 13-31 TO DENY A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW A MODIFICATION FROM ON -SALE BEER AND
WINE TO ON -SALE GENERAL ALCOHOL IN CONJUNCTION WITH AN
EXISTING RESTAURANT (SILVIO'S BRAZILIAN BARBEQUE), IN
City Council Minutes 01-14-14 Page 13858
•
•
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EXCHANGE FOR MODIFICATION OF OPERATING HOURS FROM
UNRESTRICTED TO THE FOLLOWING LIMITED HOURS 8:OOAM TO
11:OOPM SUNDAY THROUGH WEDNESDAY, AND 8:OOAM TO 1:O0AM
THE DAY FOLLOWING THURSDAY, FRIDAY AND SATURDAY, STATE
AND FEDERAL HOLIDAYS, CINCO DE MAYO, ST. PATRICK'S DAY, AND
BRAZILIAN INDEPENDENCE DAY (SEPTEMBER 7), AT 20 PIER
AVENUE. (Continued from November 26, 2013) Memorandum from
Community Development Director Ken Robertson dated January 6, 2014.
Supplemental memorandum received from Community Development Director
Robertson dated January 14, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
Each of the Councilmembers revealed their ex parte communications with the
applicant and/or City Planning Commissioners.
The public hearing opened at 8:00 p.m. Coming forward to address the Council on
this item were:
Douq Howarth — one of the owners of Silvio's, said he wished to withdraw the
appeal and continue instead to operate under the current conditional
use permit (CUP); requested a refund of half of the fees; responded to
Council questions;
Anne Sullivan — Hermosa Beach, spoke in opposition to CUP modification,
citing current noise levels; and
Sheryl Main — Hermosa Beach, supported the CUP modification, citing
Silvio's track record.
The public hearing closed at 8:15 p.m.
Action: To accept the applicant's withdrawal of the appeal.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
6. MUNICIPAL MATTERS
a. ENCROACHMENT PERMIT APPROVAL FOR 620 GOULD AVENUE.
Memorandum from Public Works Director Frank Senteno dated
December 24, 2013.
Public Works Director Senteno presented the staff report and responded to
Council questions.
Coming forward to address the Council on this item was:
Bob Ernestus — applicant, presented arguments in favor of encroachment
permit approval; presented photos to the Council; and responded to
Council questions.
City Council Minutes
01-14-14 Page 13859
Action: To approve the issuance of an encroachment permit for a 6 -foot
fence, as requested by the property owners of 620 Gould Avenue, and as
recommended by staff.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
b. DISCUSSION AND POSSIBLE DIRECTION ON CITY'S PROCESS FOR
E&B'S PROPOSED OIL PRODUCTION PROJECT. Memorandum from
Community Development Director Ken Robertson dated January 8, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Kevin Sousa - Hermosa Beach, encouraged utilizing eye-catching signage
and bright, concise mailers; questioned whether the use of silhouettes
would effectively demonstrate impacts; wanted it clear that Council
approval of the draft EIR is not an endorsement of the project;
Lauren Pizer - Hermosa Beach, expressed doubts that project impacts could
be accurately demonstrated with silhouettes; asked about the draft EIR
process; encouraged collaboration with the Planning Commission;
Craig Cadwallader - Surfrider Foundation South Bay Chapter, was concerned
that the silhouettes would not accurately demonstrate project impacts;
suggested consideration of additional methods; questioned whether
utilizing the Planning Commission might slow down the process;
JD Wilcox - Hermosa Beach, expressed disappointment that his proposed
series of videos about the oil project was not approved by the City; and
Patti Sousa - Hermosa Beach, agreed that silhouettes were not an effective
simulation on their own and urged consideration of additional methods
to better inform the public of impacts of the project.
Main Motion: To receive and file the staff report and direct staff to report
back at the January 28 meeting with additional information on the issues
raised this evening, including Planning Commission involvement in the public
review process for the Draft EIR and the information to be mailed to the public
informing them of the EIR process.
Motion Tucker, second Fangary.
Proposed Amendment: To include in the main motion additional direction to
the City Attorney to draft an amendment to the reimbursement agreement.
Motion Barragan. The motion died for lack of a second.
Final Action: The main motion, as presented, carried by a unanimous vote.
The meeting recessed at 10:30 p.m.
The meeting reconvened at 10:40 p.m., at which time the order of the agenda
moved to item 2(g).
City Council Minutes
01-14-14 Page 13860
•
•
c. AUTHORIZE CITY MANAGER TO SIGN AGREEMENT WITH SECURITY
LINES US TO INSTALL DOWNTOWN CAMERA SYSTEM AND
APPROPRIATE ADDITIONAL FUNDS TO COMPLETE THE CAMERA
PROJECT. Memorandum from Police Chief Sharon Papa dated
January 6, 2014. Supplemental information from Chief Papa dated January
13, 2014. Supplemental information from staff received January 14, 2014.
Police Chief Sharon Papa presented the staff report and responded to
Council questions. Acting Police Captain Tom Thompson also responded to
Council questions.
Coming forward to address the Council on this item were:
George Schmeltzer - Hermosa Beach, said he had no concerns about the
use of cameras, noting the need for a first-class system (with no grainy
images) for the cameras to be beneficial; said maintaining control over
the electronic images collected is paramount;
Alex (no last name given) - Hermosa Beach, opposed the installment of a
downtown camera system, citing a decrease in certain types of police
calls in the City as noted in a 2012 study, along with data from other
cities indicating no increase in arrests as a result of video surveillance;
echoed concerns about maintaining control over images;
JD Wilcox - Hermosa Beach, spoke in opposition to the installation of a
camera system downtown, citing the metamorphosis of the proposal
without proper noticing and the likelihood of civil rights violations as a
result of the installation of such cameras;
(Name indistinct) - Hermosa Beach, spoke in opposition to the installation of
cameras as part of a surveillance program;
Josh Klein - Stanley Security, asked the Council to postpone authorization
allowing time to consider a higher resolution camera proposal; and
John Bowler - Hermosa Beach, spoke of constitutional violations as a result
of installing such cameras; and said crime is going down in Hermosa.
Action: To conceptually approve the installation of a downtown security
camera system, with direction to the Police Chief to develop a comprehensive
policy for Council review and to provide additional information pertaining to
issues raised this evening for consideration prior to the final approval.
Motion Tucker, second Petty. The motion carried, noting the dissenting vote
of Mayor DiVirgilio.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. VACANCIES - BOARDS AND COMMISSIONS: APPOINTMENT TO CIVIL
SERVICE BOARD UNEXPIRED TERM ENDING JULY 15, 2014.
Memorandum from City Clerk Elaine Doerfling dated January 7, 2014.
City Council Minutes 01-14-14 Page 13861
•
City Clerk Doerfling presented the report, responded to Council questions,
and distributed a ballot to each Councilmember, who then marked their
choice, and passed their ballots to the City Clerk, who read aloud and tallied
the votes and announced the top candidate, shown below.
Action: To appoint Sharon Thompson to fill the unscheduled vacancy on the
Civil Service Board for an unexpired term ending July 15, 2014.
b. VACANCIES — BOARDS AND COMMISSIONS: PARKS, RECREATION
AND COMMUNITY RESOURCES ADVISORY COMMISSION UNEXPIRED
TERM ENDING JUNE 30, 2017. Memorandum from City Clerk Elaine
Doerfling dated January 7, 2014.
Action: To direct the City Clerk to: (1) advertise a Parks, Recreation and
Community Resources Advisory Commission unscheduled vacancy inviting
applications from persons interested in being appointed to fill an unexpired
term ending June 30, 2017, as recommended, and (2) explore other ways to
notify the public when vacancies arise.
Motion Tucker, second Fangary. The motion carried 4-1, noting the dissenting
vote of Barragan.
9. OTHER MATTERS - CITY COUNCIL — None
• ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, January 15, 2014, at the hour of 12:15 a.m. to an
Adjourned Regular Meeting at 5:30 p.m. Tuesday, January 28, 2014, for the purpose
of conducting a Study Session on the Civic Center and Downtown Economic Study
Update.
•
City Council Minutes 01-14-14 Page 13862
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Tuesday, January 28, 2014, at the
hour of 5:32 p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
STUDY SESSION ON DOWNTOWN/CIVIC CENTER ECONOMIC DEVELOPMENT
PLAN. Memorandum from Community Development Director Ken Robertson dated
January 23, 2014. Supplemental letters from Steve Crecy and Howard Longacre,
both received January 28, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to Council
questions.
Boris Dramov, ROMA Design Group, said community center deed restrictions limited
any civic center relocation options, and gave a brief slide presentation on information
contained in the reports, including development opportunities for a diverse family
friendly downtown environment with historic content, citing other cities that have
transformed their town centers and created landmarks with amenities used by the
community. Concepts included widening Hermosa Avenue sidewalks on the east
side, planting other trees/greenery on the Plaza, extending palm trees to the end,
adding active recreation/playgrounds, refreshment kiosks, etc., replacing on -street
parking with offsite valet parking structures, and increasing the current 30 -foot height
limit to allow for better quality development with first floor grand lobbies and public
spaces and desirable rooftop amenities such as pools, tables, chairs and umbrellas,
He and Bonnie Fisher, of ROMA Design Group, responded to Council questions.
Council comments/suggestions included the need for/use of:
• Incentives to attract new business and increase office space in the City
• Diagonal parking on the west side of Hermosa Avenue
• Fountains and water features to make the downtown area more family friendly
• Ending the "downtown area" at Tenth Street instead of Eighth Street
• Water features and a playground at Noble Park rather than the beach
• Taking community dialogue reports into account
• Including carbon neutrality with economic development
• Getting businesses/landowners on board with what the City is trying to do
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time were:
Justin Schnuelle — Hermosa Beach, spoke in support of having family -friendly
elements on the beach itself, not just on Pier Plaza or the Strand;
Dency Nelson — Hermosa Beach, said achieving carbon neutrality should be
part of everything the City considers;
City Council Minutes 01-28-14 Page 13863
•
•
•
Brian Cooley - Hermosa Beach, asked if discussions had already begun with
businesses, landlords and the City to help move things forward; agreed
with the use of tax breaks or other incentives;
Andrea Giancoli - Hermosa Beach, expressed her appreciation for the Living
Street elements that are friendly to bicyclists and pedestrians; and
Dean Nota - Hermosa Beach, voiced his support, said putting a framework
into place is a key element, noting this is the first time since R/UDAT
that the City has addressed what needs to be done.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Tuesday, January 28, 2014, at the hour of 6:47 p.m.,
to the Regular meeting of the same date, scheduled to begin at 7:00 p.m.
City Clerk.
City Council Minutes
01-28-14 Page 13864
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, January 28, 2014, at the hour of
7:13 p.m.
•
•
PLEDGE OF ALLEGIANCE — Jeff Duclos
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Fangary spoke of attending the League of
California Cities' New Mayors/Councilmembers Academy in Sacramento on January
22-24. He then commended two Hermosa residents for their recent successes: Tim
Wheeler for his Grammy nomination and Gracie Gold for being named a member of
the U.S. Figure Skating team at the Winter Olympics in Sochi next month.
Councilmember Barragan thanked 66th District Assembly Member Al Muratsuchi for
his letter pledging support for Hermosa to become the first carbon neutral city.
PRESENTATIONS
LOS ANGELES COUNTY PUBLIC LIBRARY
2013 ANNUAL BOOKMARK CONTEST WINNERS
Friends of the Library (FOL) vice-president Dorothy Yost, with president Robert
Luthardt, said the organization raises approximately $25,000 annually to purchase
furniture, computers, magazine subscriptions, DVDs and other items for the
Hermosa Beach Library and reminded everyone of FOL's upcoming move to a larger
space next door.
Hermosa Beach Library Manager Elmita Brown announced and called forward the
contest winners and runners-up, and each was presented with a gift from FOL, as
well as a Certificate and City pin by Mayor DiVirgilio.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Veronica Zendejas — Senior Field Representative for 28th District California
Senator Ted Lieu, congratulated Hermosa for its selection as recipient
of a Climate -Ready Grant from the California Coast Conservancy to
help prepare for climate change, and expressed support for Hermosa's
efforts to become the first carbon neutral city in Los Angeles County;
City Council Minutes 01-28-14 Page 13865
•
•
•
Bob Atkins - Hermosa Beach, spoke of being followed on New Year's Eve by
police and ticketed even though he was driving safety; said complaints
to the City about the officer and the incident have elicited no response;
JD Wilcox - Hermosa Beach, noted reports of elevated radiation levels at
some California beaches and questioned the lack of ocean water tests
in Hermosa; suggested having the Fire Chief perform the testing;
Barbara Ellman - Hermosa Beach, urged the Council to remember South
Park, calling it a "sad" park sorely in need of improvements;
Ray Dussault - Hermosa Beach, said the Council tends to demonize Pier
Plaza businesses and their patrons and is now using imaginary crimes
to justify the installation of cameras to spy on residents;
Mike Finch - E&B Natural Resources, disagreed with the characterization by
Councilmember Barragan (at the previous meeting) of E&B's site in
Huntington Beach; said a written rebuttal would be submitted;
Johnnie Morgan - Hermosa Beach resident/business owner, urged voters to
carefully evaluate all information before making a decision regarding
the oil drilling project;
Manny Serrano - spoke of how impressed he was during his visit last Friday
to the Green Idea House; expressed support for Hermosa becoming
the first carbon neutral city;
Cammie Herbert - Hermosa Beach, said incorporating many of the items in
the Strategic Plan will show that Hermosa is the "best little beach city";
said Hermosa needs to become more business friendly;
Jeremy Casebeer - Hermosa Beach, said carbon neutrality would provide
economic opportunities and set Hermosa apart from other cities;
Justin Schnuelle - Community Dialogue Finance Committee member, said
Hermosa is too small to compete with neighboring cities but needs to
differentiate itself in order to grow as a community; said being branded
as the first carbon neutral city would distinguish Hermosa from others;
Brian Cooley - Hermosa Beach resident/business owner, urged the Council
to make the goal of carbon neutrality a priority;
Kevin Sousa - Hermosa Beach, stressed the need for Council leadership and
said carbon neutrality would separate Hermosa from other local cities,
resulting in more revenue for the City;
Mike Collins - Hermosa Beach, read a letter written by his wife urging the
Council to create a more expansive vision for the City by making
carbon neutrality a priority;
Andrea Giancoli - Hermosa resident/Beach Cities Health District Blue Zones
Project, spoke of the alignment of the organization's aims (notably the
Wellbeing Initiative) with the City's goal of carbon neutrality; said the
City's Livable Streets policy will decrease the dependence on vehicles;
Larry Biggs - Hermosa Beach, said regulation is stressed over incentivizing,
with more attention to the unruly behavior of bar patrons than on being
business friendly; hoped to see more upscale businesses in Hermosa;
Phil Friedl - Hermosa Beach, said he approaches the carbon neutral idea
from a business standpoint; urged the Council to make that goal a
reality and to be more supportive of business; and
City Council Minutes 01-28-14 Page 13866
•
•
•
Robert Fortunato — Hermosa Beach Green Idea House owner, said carbon
neutrality would attract business, increase efficiency in City operations,
and be a branding advantage; spoke of utilizing the $410,000 grant
(that Mayor DiVirgilio helped obtain) toward this goal.
(a) Letter from from Bob Couture requesting City Council consider various
initiatives/campaigns to create an animal fecal -free city.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(b) Letter from Charles and Carol Johnson dated January 15, 2014
regarding the condition of the Police and Fire Department buildings.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (i)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(b)(1) and 2(i) Barragan.
Motion Tucker, second Petty. The motion carried by a unanimous vote,
noting the abstention of Councilmember Barragan on item 2(a).
At 8:22 p.m., the order of the agenda moved to item 5(a).
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Regular meeting held on October 8, 2013;
2) Special meeting held on October 22, 2013 at 5:30 p.m.;
3) Regular meeting held on October 22, 2013; and
4) Adjourned Regular meeting held on November 12, 2013 at 7:00 am.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of October 8, 2013; Special meeting of October 22, 2013 at 5:30
p.m.; Regular meeting of October 22, 2013; and Adjourned Regular meeting
of November 12, 2013 at 7:00 a.m. (Barragan abstained)
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS:
CO
DECEMBER 5, 2013 THROUGH JANUARY 2, 2014 (NOS. 14102,
23456, 72528 THROUGH 72719, 72787 THROUGH 72816, 79985,
235661, 236650, 245946, 1706871 AND 3653740 AS
City Council Minutes 01-28-14 Page 13867
RECOMMENDED BY THE CITY TREASURER). (Continued from
• meeting of January 14, 2014)
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
City Manager Bakaly and City Attorney Jenkins responded to Council
questions.
(2) JANUARY 9, 2014 THROUGH JANUARY 16, 2014 (NOS. 14109,
14116, 59342, 72817 THROUGH 72969, AND 1005138, AND
APPROVE CANCELLATION OF CERTAIN CHECKS AS
RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check registers and approve the cancellation of certain
checks, as recommended by the City Treasurer, with the understanding that
the check register from the week of January 2, 2014 (omitted in error) will be
included with the check registers at the next meeting.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
• Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING
FINANCIAL REPORTS:
1) November 2013 Revenue and Expenditure report;
2) November 2013 City Treasurer's Report; and
3) November & December 2013 Investment Reports.
Action: To receive and file the November 2013 Revenue and Expenditure
Report; the November 2013 City Treasurer's Report; and the November and
December 2013 Investment Reports.
(e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
December 16, 2013.
(f)
Action: To receive and file the report giving the status of capital
improvements projects that are either under design or construction as of
December 30, 2013.
RECOMMENDATION TO APPROVE THE PURCHASE OF A NEW
AMBULANCE IN THE AMOUNT OF $146,676.54 FROM EMERGENCY
VEHICLE GROUP, INC. OF ANAHEIM, CALIFORNIA MADE IN RELIANCE
ON A BID SOLICITATION BY THE ELOY FIRE PROTECTION DISTRICT
(ARIZONA); APPROPRIATE AN ADDITIONAL $20,000 FROM THE
City Council Minutes 01-28-14 Page 13868
•
EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE; AND,
AUTHORIZE THE CITY MANAGER TO SIGN THE PURCHASE
AGREEMENT WITH EMERGENCY VEHICLE GROUP, INC. FOR THE
PURCHASE AND DELIVERY OF THE AMBULANCE. Memorandum from
Fire Chief David Lantzer dated January 21, 2014.
Action: To approve the staff recommendation to:
1) Approve the purchase of a new ambulance in the amount of $146,676.54
from Emergency Vehicle Group, Inc. of Anaheim, California made in
reliance on a bid solicitation by the Eloy Fire Protection District (Arizona);
2) Appropriate an additional $20,000 from the Equipment Replacement Fund
for this purchase; and
3) Authorize the City Manager to sign the Purchase Agreement with
Emergency Vehicle Group, Inc. for the purchase and delivery of the
ambulance.
(g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF SEPTEMBER 9, 2013.
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of September 9, 2013.
• (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF NOVEMBER 4, 2013.
(i)
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of November 4, 2013.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF JANUARY 21, 2014.
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
City Manager Bakaly responded to Council questions.
Action: To receive and file the action minutes of the Planning Commission
meeting of January 21, 2014.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES
a. ORDINANCE NO. 14-1345 — "AN ORDINANCE OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE,
CHAPTER 17 (ZONING) TO ALLOW LIMITED OUTDOOR SEATING
ACCESSORY TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN
City Council Minutes 01-28-14 Page 13869
•
•
•
C-1, C-2 AND SPA -11 ZONES SUBJECT TO AN ADMINISTRATIVE
PERMIT AND DETERMINATION THE PROJECT IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
For adoption. Memorandum from City Clerk Elaine Doerfling dated January
21, 2014.
Action: To waive full reading and adopt Ordinance No. 14-1345.
Motion Petty, second Barragan. The motion carried by the following vote:
AYES: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
NOES: None
ABSENT: None
ABSTAIN: None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(b)(1) 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. APPROVAL OF THE 2014-15 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM ALLOCATIONS FOR ADA RETROFITS AT
THE CIVIC CENTER, COMMUNITY CENTER, AND CLARK BUILDING AND
FUNDING FOR PUBLIC SERVICE AGENCIES SERVICING THE
HERMOSA BEACH COMMUNITY. Memorandum from Community
Development Director Ken Robertson dated January 21, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions.
The public hearing opened at 8:25 p.m. Coming forward to address the Council on
this item were:
Earl Feys — Hermosa Beach, PROJECTtouch co-founder, urged the Council
to approve this item so the organization, which deals with troubled
youth, can continue to serve the community;
Dorothy Forba-Hartley — Hermosa Beach, PROJECTtouch executive director,
said the organization, which began in Hermosa, is now in its 40th year;
urged Council support of the needed services provided by the group;
Dr. Michael Collins — said PROJECTtouch, which benefits those teens who
use its services, needs more publicity and additional support; and
Manny Lares — Behavioral Health Services in Gardena, spoke of his work with
PROJECTtouch to help with underage drinking problems.
The public hearing closed at 8:32 p.m.
City Council Minutes
01-28-14 Page 13870
•
Action: To approve the staff recommendation to adopt Resolution No. 14-
6891, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2014-
2015."
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
b. PERMIT REQUEST TO REINSTALL VOLLEYBALL COURT AT EIGHTH
STREET. Memorandum from Assistant to the City Manager Diane
Strickfaden dated January 28, 2014. Supplemental letter from John and
Susan McFarlane received January 27, 2014.
At 8:35 p.m., Councilmember Fangary recused himself, due to the site's
proximity to his home, and left the dais and the room.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions.
City Attorney Jenkins said the applicant had withdrawn his request to locate
the court 50 feet from the Strand wall, and instead wishes to reinstall the court
80 feet from the Strand.
• Councilmember Barragan disclosed ex parte communications.
•
The public hearing opened at 8:40 p.m. Coming forward to address the Council on
this item were:
Jeremy Casebeer - said he has trained at the 8th Street court with other
professional volleyball players; supported the court's reinstallation;
Jay Moriarty- Hermosa Beach, supported the reinstallation of the court, citing
the importance of volleyball to Hermosa;
Laura Oczachowski - spoke in support of the reinstallation 50 feet from the
Strand to match the location of other courts in Hermosa;
Dave Lowe - Hermosa Beach, called the removal of the court "egregious"
and urged the Council to approve reinstallation;
Ray Dussault - Hermosa Beach, stressed the popularity of volleyball in
Hermosa and urged the Council to approve the court's reinstallation;
Hany Fangary - speaking as a resident, submitted a letter from Janine and
Steve Hunt opposing the reinstallation; said locating the court 80 feet
from the Strand wall would be safer and quieter for residents; and
Dave Fulton - Hermosa Beach, cited volleyball's contributions to fitness and
the City's economy and supported the court's reinstallation.
The public hearing closed at 8:52 p.m.
Proposed Action: To approve reinstallation of the volleyball court at 50 feet
from the Strand wall at Eighth Street.
Motion Tucker. The motion died for lack of a second.
City Council Minutes 01-28-14 Page 13871
•
•
Action: To approve the reinstallation of a volleyball court at 80 feet from the
Strand wall at Eighth Street, as recommended by the Parks, Recreation and
Community Resources Advisory Commission.
Motion Petty, second Tucker. The motion carried, noting the absence of
Fangary (who had recused himself) and the abstention of Barragan.
The meeting recessed at 8:51 p.m.
The meeting reconvened at 9:05 p.m., with all members present.
6. MUNICIPAL MATTERS
a. RESIDENT'S REQUEST FOR ONSTREET DISABLED PARKING SPACE
AT 1633 & 1811 MANHATTAN AVENUE. Memorandum from Public Works
Director Frank Senteno dated January 15, 2014. Supplemental email from
Mike Bauman received January 27, 2014. Supplemental memorandum from
Director Senteno dated January 28, 2014, noting that the applicant for 1633
Manhattan Avenue has relocated and therefore withdrawn the request.
Public Works Director Senteno presented the staff report and responded to
Council questions.
Coming forward to address the Council on this item was:
Steve Tack - Hermosa Beach, applicant, said he has difficulty walking even
short distances and would appreciate the Council granting a disabled
parking space at 1811 Manhattan Avenue as requested.
Action: To approve the applicant's request for a disabled parking space at
1811 Manhattan Avenue.
Motion Tucker, second Mayor DiVirgilio. The motion carried, noting the
dissenting votes of Fangary and Petty.
b. DISCUSSION AND POSSIBLE DIRECTION ON CITY'S COMMUNICATION
PLAN FOR E&B'S PROPOSED OIL PRODUCTION PROJECT.
Memorandum from Community Development Director Ken Robertson dated
January 23, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Environmental Impact Report Project Manager Ed Almanza (City consultant)
also responded to Council questions.
Coming forward to address the Council on this item were:
Jeff Duclos - Hermosa Beach, acknowledged Fiona Hutton & Associates (the
City's former public relations consultant), citing Laura Mecoy's efforts
in particular, for the invaluable service of getting critical information out
City Council Minutes 01-28-14 Page 13872
•
•
•
to both the public and the media during the oil settlement process; said
economic development and green idea plans will not succeed without
effective outreach to residents by skilled management professionals;
Craig Cadwallader - Surfrider Foundation, South Bay Chapter, spoke of the
residents' need to know everything about the oil project; said important
dates cited in the report should be clarified so people can participate;
Dency Nelson - Hermosa Beach, said clear information should be provided
and suggested a story pole at the City Yard to educate people on what
to expect should the oil project pass;
Phil Friedl - Hermosa Beach, questioned the ability to adequately simulate oil
project impacts with a story pole; suggested people visit E&B's actual
worksites instead, to take in the sights and smells of such operations;
Mike Finch - E&B Natural Resources, spoke of the difficulties of building a
simulation of the project, while acknowledging its value; said positives,
like lead cleanup and fence replacement, cannot be replicated with a
simulation; invited everyone to visit E&B's Huntington Beach site for a
real frame of reference;
Mike Collins - Hermosa Beach, was concerned that story poles would not
truly represent the scope of the oil project, which he opposed;
Barbara Ellman - Hermosa Beach, objected to the oil drilling being referred to
in a flier as the "Hermosa Maintenance Yard Oil Recovery Project";
questioned the accuracy of last year's project -related traffic study as it
was done during a holiday weekend;
Martha Logan - Hermosa Beach, said residents are being bombarded with
information and misinformation; acknowledged that while the project
would pose some risks, residents must weigh the facts;
Stacey Armato - Hermosa Beach, said along with postcards, robocalls would
be an inexpensive and effective way to communicate to residents
about the process, including important dates;
Jose Bacallao - Hermosa Beach, said the City should hire an independent
entity to communicate honestly and effectively with the public about the
project; and
George Barks - Hermosa property owner, said he supported the Macpherson
Settlement and the oil drilling project; opposed a project simulation;
said it was the Council's duty to get information out to citizens about
potential impacts; spoke of the need for a professional communications
agency to provide unbiased and accurate information to residents.
Action: To (1) receive and file the Communications Plan for the Proposed Oil
Project; and (2) provide input on informing the public of the Environmental
Impact Report process, including a colorful mailer with photographs designed
to attract attention, robocalls, regular briefings at Council meetings, and an
easier format to communicate the dates of upcoming meetings.
Motion DiVirgilio, second Fangary. The motion carried by a unanimous vote.
Further Action: It was the consensus of the Council to direct the City
Manager to send a formal letter of appreciation to Fiona Hutton & Associates
for their past public relations work on behalf of the City.
City Council Minutes 01-28-14 Page 13873
• At 10:53 p.m. the order of the agenda moved to item 4.
•
•
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. VACANCIES— BOARDS AND COMMISSIONS: SCHEDULE INTERVIEWS
- EMERGENCY PREPAREDNESS ADVISORY COMMISSION UNEXPIRED
TERM ENDING MAY 31, 2017. Memorandum from City Clerk Elaine
Doerfling dated January 21, 2014.
Action: To schedule a meeting at 6:30 p.m., prior to the regular meeting of
Tuesday, February 25, 2014 for the purpose of conducting applicant
interviews to fill the unexpired term ending May 31, 2017, with appointment to
be made that evening at the regular meeting.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
At this time, Councilmember Petty noted her attendance, along with
Councilmembers Barragan and Fangary, at the League of California Cities New
Mayors and Council Members Academy on January 22-24 in Sacramento.
Councilmember Barragan said City Attorney Jenkins presented a funny skit at the
Academy, with the assistance of Councilmember Petty, and spoke of meeting with
66th District Assembly Member Al Muratsuchi.
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, January 28, 2014, at the hour of 11:02 p.m. to an
Adjourned Regular Meeting on Wednesday, January 29, 2014 at 5:00 p.m. for the
purpose of conducting a Strategic Planning session.
Deputy City Clerk
City Council Minutes 01-28-14 Page 13874
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Wednesday, January 29, 2014, at
the hour of 5:17 p.m.
•
PLEDGE TO THE FLAG - Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Also present were the City Manager, Assistant City Manager, City Attorney, City
Clerk, and all City department heads.
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time were:
Dency Nelson - Hermosa Beach, spoke of carbon neutrality and urged the
Council to seize the opportunity to be the first city achieving that status;
Kevin Sousa - Hermosa Beach, urged the Council to strive to be the first
carbon neutral city in the country;
Chris Miller - said Hermosa surfer Greg Knoll was the first to survive the
Bonsai waves in Hawaii; urged the City to be first in carbon neutrality;
Robert Fortunato - Hermosa Beach, said strategic planning is an important
step toward achieving a carbon neutral brand and attracting business;
Sheryl Main - Hermosa Beach, said strategic planning is important; spoke of
the incompatibility of carbon neutrality goals and oil drilling;
Mike Finch - E&B Natural Resources, disagreed that the oil project would be
counterproductive to carbon neutral goals; and
George Barks - urged the Council to keep the PCH/Aviation Project a priority
and to continue looking at shared City services; suggested establishing
a sewer fee as other cities have done and exploring contract options
with neighboring cities rather than Los Angeles County.
CITY COUNCIL STRATEGIC PLANNING SESSION. Report and all materials
provided by Lyle Sumek Associates, Inc.
Lyle Sumek, facilitator, presented the 28 -page strategic planning document (dated
01/14/14). The Council made one minor change to Objective 5 of Goal 1 (page 11).
Discussion then moved to Section 8, with the Council fine-tuning the action outlines
for Goals 1, 2 and 3 (pages 17-28), with date changes, clarifications, additional key
issues, moving a Short -Term Vacation Rental policy (p. 24a) to Code Enforcement,
and deleting reference to the Public Works Yard from the "City Facilities Plan" action
item (p. 26).
At 8:17 p.m., the meeting recessed.
At 8:25 p.m., the meeting reconvened.
City Council Minutes
01-29-14 Page 13875
•
•
•
The Council resumed its review of Section 8, making minor changes to the action
outlines for Goals 4 and 5 (pages 29-37), including the addition of the following key
issues on page 30: under the South Park Upgrade action item, add "Pursue outside
funding resources and partnerships"; under the Schools Strategy action item, add a
second joint City Council/School District meeting as well as a public communication
from the City informing residents about the financial concerns of Hermosa's schools
(also to be added to Communications).
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Wednesday, January 29, 2014, at the hour of 9:21
p.m., to the Regular meeting of Tuesday, February 11, 2014.
City Council Minutes 01-29-14 Page 13876
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 11, 2014, at the hour of 5:34
p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Mayor DiVirgilio
Absent: Mayor pro tern Tucker
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
2. APPROVAL OF MINUTES:
a. Closed Session meeting held on December 10, 2013.
3. CONFERENCE WITH LEGAL COUNSEL
The City Council finds, based on advice from legal counsel, that discussion in
4111 open session will prejudice the position of the City in the litigation.
Initiation of Litigation: Government Code Section 54956.9(d)(4)
Number of potential cases: 1
ADJOURN TO CLOSED SESSION - The Special Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, February 11, 2014, at the hour of
5:35 p.m., to a closed session.
RECONVENE TO OPEN SESSION - At the hour of 6:00 p.m., the Closed Session
adjourned back to Open Session.
ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, February 11, 2014, at the hour of 6:00 p.m. to the
Regular Meeting of the same date, starting with a study session scheduled to begin
at 6:00 p.m.
City Clerk
ity Cou'iI Minutes 02-11-14 Page 13877
•
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 11, 2014, at the hour of
6:16 p.m.
PLEDGE OF ALLEGIANCE — George Schmeltzer and George Barks
ROLL CALL:
Present: Barragan, Fangary, Petty, Mayor DiVirgilio
Absent: Mayor pro tem Tucker
PUBLIC COMMENT
STUDY SESSION FOR CITY COUNCIL DIRECTION ON COMMUNITY DIALOGUE
PRESENTATION AND DECISION-MAKING TOOLS. Memorandum from City
Manager Tom Bakaly dated February 6, 2014.
City Manager Bakaly said the Decision Tool was the culmination of a lot of work
throughout the Community Dialogue process, and this session was intended to be a
briefing by the team members, requiring no City Council decisions at this time.
Team member Lori Ford asked the other members to introduce themselves and
acknowledged those seated in the audience, saying the group represented a cross-
section of Hermosa Beach. She provided an overview of the process and said the
task was to evaluate all of the information garnered (at civic forums) from the local
residents and business owners and create a tool to assist in the weighing and
making of decisions based on community values and goals.
Member Glen Payne referenced the photo posters on display; said the values and
long-term goals articulated by the public were the basis for building the framework
and process for decision-making; identified the conclusions reached by the team;
and said the tool should help everyone (residents, business owners, City Council,
developers) make better decisions.
Mayor DiVirgilio, with the consensus of the City Council, requested that the group
come back with examples depicting the practical application of the tools, perhaps
using matters already acted on by the Council, with one complicated issue and a
couple simple ones.
Coming forward to respond to Council questions and/or offer positive comments
were team members/residents: Rick Sauers, Ruben Jubinsky, Kevin Sousa, Doug
Collins, Andre Sharp, Mary Campbell, and George Schmeltzer.
The meeting recessed at 7:10 p.m.
The meeting reconvened at 7:25 p.m.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
City Council Minutes 02-11-14 Page 13878
CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments,
• one item added to the agenda — a settlement demand (under Code of Civil
Procedure § 998) made today upon the City in the matter of Curtis v. the City of
Hermosa Beach, and no reportable actions taken.
•
•
ANNOUNCEMENTS — Councilmember Fangary spoke of his attendance yesterday
at a California Energy Commission meeting at the Portofino Hotel in Redondo Beach
regarding the proposed AES Power Plant project and encouraged Hermosans to
participate in the meetings as many would be subjected to noise and traffic impacts.
Councilmember Barragan cited an E&B Natural Resources -issued press release
directed at Hermosa residents and oil project opponents warning about malicious
anonymous anti -oil fliers. She encouraged residents to reach out to her, as she is
lining up a First Amendment attorney to assist in this matter.
Mayor DiVirgilio asked that the meeting be adjourned in memory of longtime resident
and Civil Service Board Member Susan Blaco, who passed away January 31. He
said the retired insurance agent, named 2006 Woman of the Year by the Chamber
of Commerce among her accomplishments, was a dear friend who would be missed.
PRESENTATIONS
GOVERNMENT FINANCE OFFICERS ASSOCIATION
DISTINGUISHED BUDGET PRESENTATION AWARD
Mayor DiVirgilio read the commendation, citing the award as a significant
achievement, as the budget had to satisfy nationally recognized guidelines. He then
presented Finance Director Viki Copeland with the marble plaque.
Ms. Copeland said the goal had been to achieve this designation next year, but the
budget was submitted and won this year. She thanked Councilmembers for their
support throughout the budget process.
OIL PROJECT STATUS REPORT
CITY MANAGER
As requested by City Manager Bakaly, Community Development Director Robertson
presented the report, noting (1) the public review period for the draft Environmental
Impact Report (EIR), Health Impact Assessment and Cost Benefit Analysis begins
February 13, with all three to be posted to the City's website by noon that day; (2)
informational presentations on the draft EIR are to be held at the Community Center
at 6:30 p.m. on both Monday, February 24, and Wednesday, February 26; (3) a
drop-in open house where the public can ask questions of the consultants will be
held in Council Chambers 9 a.m. — 1 p.m. Saturday, March 8; (4) the public is invited
to provide comments on the draft EIR at the Planning Commission meetings of
Wednesday, April 2, and Thursday, April 10; and (5) public review/comment ends
April 14. He and City Manager Bakaly responded to Council questions.
City Council Minutes 02-11-14 Page 13879
•
•
•
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Ray Dussault - Hermosa Beach, said Councilmember Barragan is fostering
hostility within the community with her anti -oil stance and suggested
she recuse herself from voting on oil project -related issues;
Marissa and Zoe (no last names given) - Hermosa Beach, spoke against the
oil drilling project, citing potential hazards to the environment;
Tom Morley - urged E&B Natural Resources to allow a video crew to film the
installation of a simulation from start to finish, with the process aired on
local public access television;
Betsy Ryan - spoke in support of vacation rentals as a way to bring in needed
revenue to the City, noting that families rent these homes; presented to
the City Clerk a petition with 41 signatures in support;
Sheryl Main - Hermosa Beach, said the oil issue is uniting the community and
inspiring dialogue among residents; asked if E&B could require the
amendment of a City press release if it simply did not like the content;
Gary Brown - Hermosa Beach, urged civil discussion of the oil drilling project
and decision-making based on facts; said E&B should be given the
opportunity to make their case;
Roger Bacon - thanked City staff for improvements made at 13th Street and
Pacific Coast Highway (PCH); said he looks forward to working with
the Council on improving the PCH/Aviation corridor;
George Schmeltzer - Hermosa Beach, said he was pleased with both Council
and community discussion of the oil drilling project;
Martha Logan - Hermosa Beach, urged the Council to direct staff to provide
detailed information on both the impacts and expected revenue to the
City from downtown core revitalization;
Mike Finch - E&B Natural Resources, acknowledged the cease-and-desist
letters sent to two individuals who were in clear violation of the law;
said fliers should be neither anonymous nor posted on City property;
Mike Collins - Hermosa Beach, said the City had been threatened with legal
action by E&B Natural Resources;
Sal Longo - Hermosa property/business owner, spoke in opposition to the
City's moratorium on liquor licenses;
Erica Seward - Hermosa Beach, spoke of the importance of branding, saying
businesses/cities with the strongest brands are the most successful;
Jose Bacallao - Hermosa Beach, urged the Council to make the City carbon
neutral and to protect the community from oil drilling;
Alison Suffet Diaz - Hermosa resident/Environmental Charter Schools
Executive Director, supported the goal of carbon neutrality as a
branding tool to increase tourism and City revenue as a result;
Barbara Ellman - Hermosa Beach, urged the Council to make carbon
neutrality a goal; said E&B has tremendous resources to promote its oil
drilling project;
City Council Minutes 02-11-14 Page 13880
•
Jim Sullivan - Hermosa Beach, supported Mike Finch for speaking out
against false/misleading representations of E&B Natural Resources;
Rick Learned - Hermosa Beach, said some aspects of City planning were the
result of the American Institute of Architects' R/UDAT (Regional and
Urban Design Assistance Team) report of 1992; commended previous
speakers and the Council for having a vision for the City;
Monique Ehsan - Hermosa Beach realtor, said being the first carbon neutral
city would distinguish Hermosa from other local beach cities and would
bring revenue to the City;
Glen Payne - Hermosa Beach, supported further investigation into the value
that carbon neutrality would add to the City;
Justin Schnuelle - Hermosa Beach, spoke in support of carbon neutrality,
noting it would eventually be mandated by the state;
Jeremy Casebeer - Hermosa Beach, supported Hermosa being the first
carbon neutral city, as will likely be required by law some day;
Joe Galliani - South Bay 350 Climate Action Group/Torrance resident, said
Hermosa's efforts to be "green" could be wiped out by the power plant
in Redondo Beach; said the designation of "first carbon neutral city"
would be in opposition to both the power plant and oil drilling;
Phil Friedl - Hermosa Beach, spoke of the branding and revenue benefits of
carbon neutrality;
Chris Miller - former Hermosan, urged the Council to utilize the expertise of
the community in its efforts toward carbon neutrality and the decision
making tool outlined by the Community Dialogue Finance Committee.
Ira Lifland - Hermosa Beach, encouraged the Council to embrace the vision
of carbon neutrality for the City;
Arcadia Keane - Hermosa Beach, urged the Council to prioritize the goal of
carbon neutrality to help with branding and increase tourism;
Robert Fortunato - Hermosa Beach, said carbon neutrality represents the
City's values and would be important from an economic standpoint,
both making and saving the City money;
Sam Foster - Hermosa Beach, suggested outsourcing the school district and
the fire/police departments to save money; said revenue is needed to
"Keep Hermosa Hermosa," and encouraged civil dialogue about oil;
Mary Campbell - member of Leadership Hermosa, urged the Council to
prioritize carbon neutrality, which would make Hermosa a leader and
result in revenue for the City;
George Barks - Redondo resident/Hermosa property owner/former Council
member, said perhaps the oil project should be considered to prevent
economic peril; applauded the Council for getting facts out to the public
so voters can make an informed decision about the project; and
Craig Cadwallader - Surfrider Foundation, referenced a March, 2010 Daily
Breeze article by Mayor DiVirgilio in which he discussed Hermosa's
"green" accomplishments and goals, including carbon neutrality;
encouraged the Council to make it a goal.
(a) Supplemental letter from Jeff Duclos urging the Council to commit to
making Hermosa a carbon neutral city.
City Council Minutes 02-11-14 Page 13881
• No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion DiVirgilio, second Barragan. The motion carried, noting the absence of
Tucker.
(b) Supplemental letter from Monique Ehsan urging the Council to commit
to making Hermosa a carbon neutral city.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion DiVirgilio, second Barragan. The motion carried, noting the absence of
Tucker.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (g)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(0 Fangary and (g) Barragan.
Motion Petty, second Barragan. The motion carried, noting the absence of
Tucker.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Minutes of the Regular meeting held on November 12, 2013; and
2) Minutes of the Regular meeting held on November 26, 2013.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of November 12, 2013 and the Regular Meeting of November 26,
2013. (Tucker absent)
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS:
(1) 12/26113: NOS. 2880, AND 72780 THROUGH 72786 AS
RECOMMENDED BY THE CITY TREASURER (was inadvertently left
out of item 2b for the January 14, 2014 Council Meeting).
(2) RECOMMENDATION TO RATIFY CHECK REGISTERS DATED
1/23/14: NOS. 72970 THROUGH 73052 AND 19333231; & 1/30/14:
41195, 44767, 44934, 45457, 46394, 46493, 73053 THROUGH 73107,
507384, 509882, 510006, 510358, 511026, 511100, 909878, 930598,
931750, 931804, 932268, 932307 AND 1413004373, AND TO
APPROVE CANCELLATION OF CHECK NOS. 71896 AND 72895
AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check registers as presented. (Tucker absent)
City Council Minutes 02-11-14 Page 13882
• (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
•
•
Action: To receive and file tentative future agenda items. (Tucker absent)
(d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF DECEMBER 3, 2013.
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of December 3, 2013.
(Tucker absent)
(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
Assistant to the City Manager Diane Strickfaden dated February 4, 2014.
(f)
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
KING, ALECIA
01-07-14
11-22-14
PROPERTY DAMAGE
Action: To deny the above -noted claim and refer it to the City's Liability
Claims Administrator, as recommended. (Tucker absent)
RECOMMENDATION TO APPROVE INSTALLATION OF TWO NEW
ELECTRICAL VEHICLE CHARGING STATIONS AT NORTH PIER
PARKING STRUCTURE; AND, EXECUTE AN AGREEMENT WITH NRG
EVGO FOR THE INSTALLATION OF TWO ELECTRIC VEHICLE
CHARGING STATIONS AND ACCOMMODATION FOR AN ADDITIONAL
INSTALLATION OF A FUTURE CHARGING STATION. Memorandum from
Public Works Director Frank Senteno dated February 4, 2014.
This item was pulled by Councilmember Fangary for separate discussion later
in the meeting.
Public Works Director Senteno responded to Council questions. City Attorney
Jenkins also responded to Council questions.
Khalid Simjee, NRG eVgo Freedom Station Project Manager, came forward
at the request of the Council, and addressed the issues of equipment
reliability and distribution, charging stations in similar cities, and plans for the
installations in Hermosa.
Coming forward to address the Council on this item were:
City Council Minutes 02-11-14 Page 13883
•
(g)
Tom Morley - said the agreement should require that NRG eVgo implement
the best available technology in a timely manner for the duration of the
contract, including chargers with multiple ports;
Joe Galliani - Torrance, said NRG's installation of chargers was mandated by
State law; said other options should be considered and the chargers
should have multiple ports; and
Robert (last name indistinct) - Hermosa Beach, said the contract should
stipulate the swift implementation of any new technology, and charging
rates must be comparable to those of other companies.
Action: To approve the staff recommendation to:
1) Approve installation of two new electrical vehicle charging stations at
North Pier parking structure; and
2) Execute an agreement with NRG EVGO for the installation of two electric
vehicle charging stations and accommodation for an additional installation
of a future charging station.
Motion Fangary, second Petty. The motion carried, noting the absence of
Tucker.
RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING SENATE
BILL 405 (PADILLA) THAT WOULD PROHIBIT CERTAIN RETAIL
ESTABLISHMENTS FROM PROVIDING FREE SINGLE -USE PLASTIC
BAGS TO CONSUMERS, AND REQUIRE THESE STORES TO HAVE
REUSABLE BAGS AVAILABLE FOR PURCHASE. Memorandum from
Community Development Director Ken Robertson dated February 4, 2014.
Supplemental email from Senior Planner Pam Townsend received February
11, 2014.
This item was pulled by Councilmember Barragan for separate discussion
later in the meeting.
Action: To approve the staff recommendation to remove this item from the
consent calendar and return at the appropriate time with a resolution.
Motion Barragan, second Petty. The motion carried, noting the absence of
Tucker.
3. CONSENT ORDINANCES - None
The meeting recessed at 9:02 p.m.
The meeting reconvened at 9:12 p.m. with item 4.
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 2(f) and (g) were heard at this time but are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
City Council Minutes 02-11-14 Page 13884
• At 9:40 p.m., the order of the agenda moved to item 6(a).
s
•
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. SECOND RESTATED CONCERT SERIES PRODUCER AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH AND PHILIA GROUP LLC
dba SAINT ROCKE. Memorandum from Assistant to the City Manager
Diane Strickfaden dated February 6, 2014. Supplemental email from Michael
Keegan received February 10, 2014.
City Manager Bakaly and Assistant to the City Manager Strickfaden
presented the staff report and responded to Council questions.
Allen Sanford, Events Producer, spoke of the difficulty of securing concert
sponsors because they prefer multi-year contracts; said the offseason
ticketed events, with private security for 1,000 attendees, would help fund the
free summer concerts; noted the City would approve artists and sponsors and
could opt out of the contract for any reason; responded to Council questions.
Coming forward to address the Council on this item were:
Roger Bacon — Ralphs Shopping Center owner, said patrons of such events
illegally park in Ralphs and Vons parking lots, impacting
customers/employees; opposed serving alcohol at the events;
Craig Cadwallader — Surfrider Foundation South Bay Chapter, urged the
Council to support the events, noting he was unaware of any past
problems; shared concerns about shopping center parking;
Robert (last name indistinct) — Hermosa Beach, shared concerns about
parking and urged attendees to be respectful; spoke of City pride and
said the concerts are wonderful family events; and
George Barks — Hermosa property owner, said the beach concerts must be
economically viable for Mr. Sanford as a responsible businessman;
said such events also help brand Hermosa.
Action: To direct staff to continue negotiations with Philia Group LLC dba St.
Rocke to develop contract terms that are more favorable to the City, and to
report back within one month (no later than March 11, 2014) with a more
detailed description of the proposed off-season concerts and further
explanation of the concept/vision of the events.
Motion Petty, second Fangary. The motion carried, noting the absence of
Tucker.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
City Council Minutes 02-11-14 Page 13885
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
• CITY COUNCIL
•
•
a. VACANCIES — BOARDS AND COMMISSIONS — CIVIL SERVICE BOARD —
UNEXPIRED TERM ENDING JULY 15, 2015. Memorandum from City Clerk
Elaine Doerfling dated February 5, 2014.
City Clerk Doerfling presented the report and responded to Council questions.
Action: To direct the City Clerk to advertise a Civil Service Board vacancy
inviting applications from persons interested in being appointed to fill an
unexpired term ending July 15, 2015, as recommended.
Motion Petty, second Fangary. The motion carried, noting the absence of
Tucker.
9. OTHER MATTERS - CITY COUNCIL
a. Supplemental request from Councilmember Fangary for Council
approval to direct staff to agendize, within the next month or so, a
discussion of the City's position on the AES Power Plant.
Councilmember Fangary spoke to his request.
Action: To direct staff to agendize, at a Council meeting taking place within
the next month or so, a discussion on the City's position on the proposed AES
Power Plant project in Redondo Beach, including the issue of whether or not
the City should retain someone to monitor the situation and report back
regularly to the Council.
Motion Fangary, supported by Petty and Mayor DiVirgilio.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of Susan Blaco, on Tuesday, February 11, 2014, at the
hour of 11:05 p.m. to the Regular Meeting of Tuesday, February 25, 2014, starting at
6:30 p.m. with Emergency Preparedness Advisory Commission applicant interviews.
Deputy City Clerk
City Council Minutes
02-11-14 Page 13886
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held on Tuesday, February 25, 2014, at the hour of 5:31
p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
a. Supplemental letter from Howard Longacre dated February 22, 2014
regarding Brown Act violations.
2. APPROVAL OF MINUTES:
a. Closed Session meeting held on February 11, 2014.
• 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: Unspecified portion of City beach and right-of-way
City Negotiator: City Manager
Negotiating Parties: RAM Telecom International, Inc. (representing SEA US
CABLE SYSTEM)
Under Negotiation: Price and terms of payment of easement for proposed
subterranean fiber optic cable systems
Property: Beach Drive between 13th Court and Pier Avenue
City Negotiator: City Manager
Negotiating Parties: Strand and Pier Holding Company
Under Negotiation: Price and terms of payment of vacation of City right-of-
way
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, February 25, 2014, at the hour of
5:32 p.m., to a closed session.
RECONVENE TO OPEN SESSION — At the hour of 6:30 p.m., the Closed Session
• adjourned to the Special Meeting.
City Council Minutes
02-25-14 Page 13887
ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa
• Beach adjourned on Tuesday, February 25, 2014, at the hour of 6:30 p.m. to the
Regular Meeting of the same date, scheduled to begin at 6:30 p.m. with applicant
interviews for the City's Emergency Preparedness Advisory Commission, followed
by the regular agenda, scheduled to begin at 7:00 p.m.
•
•
City Council Minutes 02-25-14 Page 13888
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 25, 2014, at the hour of 6:35
p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
INTERVIEW OF APPLICANTS FOR EMERGENCY PREPAREDNESS ADVISORY
COMMISSION
Pursuant to past procedure, the applicants were interviewed separately, apart from
the others, in the first floor conference room, 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:
David Buckland
Steve Silver
The interviewed applicants were advised that the Council would make the
appointment later this evening.
The meeting recessed at 7:08 p.m.
The meeting reconvened at 7:15 p.m.
PLEDGE OF ALLEGIANCE — Robin Maynard
CLOSED SESSION REPORT — City Attorney Jenkins reported one written public
comment received, no items added to the agenda, and no reportable actions taken.
ANNOUNCEMENTS — Councilmember Fangary spoke of attending the Hermosa
Mural Project's fourth mural unveiling on February 23, and announced: (1) the
"Proposed E&B Oil Drilling/Production Project - Informational Presentation" at 6:30
p.m. tomorrow in Hermosa's Community Theater; (2) the 9 a.m. Friday, March 7,
Strategic Planning Session in the City Council Chambers; and (3) Hermosa's annual
St. Patrick's Day Parade (sponsored by the Chamber of Commerce) on Saturday,
March 15, beginning at 11 a.m. at Pier Avenue and Valley Drive.
Councilmember Petty announced the annual Hearts of Hermosa fundraiser
(sponsored by the Hermosa Beach Education Foundation to benefit City schools) at
the Community Center on Saturday, March 22, with doors opening at 6 p.m.
City Council Minutes 02-25-14 Page 13889
•
Councilmember Barragan noted her attendance February 23 at the Hermosa Beach
Mural Project's unveiling at 500 Pier Avenue and at last night's "Proposed E&B Oil
Drilling/Production Project — Informational Presentation" at the Community Center.
Mayor pro tem Tucker spoke of his recent appointment by Los Angeles County
Supervisor Don Knabe to the Los Angeles County Beaches Commission, which
oversees and sets policies for local beaches.
Mayor DiVirgilio addressed some of the public comments made at the February 11
Council meeting, encouraged respectful debate rather than personal attacks, and
reminded everyone to observe the speaker time limit.
PRESENTATIONS
ROBIN MAYNARD
Mayor DiVirgilio presented a certificate of commendation to Ms. Maynard, retiring
this week after 20 years of service as Secretary to the City Manager, noting that it
had been a pleasure working with her and that she would be missed.
Ms. Maynard thanked everyone, said the City has talented staff who love Hermosa,
and that she was honored to have been counted among them.
CERTIFICATE OF APPRECIATION TO
RICHARD STAPP FOR HIS PUBLIC SERVICE
ON THE PUBLIC WORKS COMMISSION
This item was continued to a future meeting.
PRESENTATION OF POP ART PROJECT BY
LEADERSHIP HERMOSA BEACH
Glen Payne, Leadership Hermosa Class of 2014, recognized fellow class members
in attendance and gave a PowerPoint presentation on the 2014 community service
project "Pillars of Our People," a celebration of Hermosa's art and culture, involving
the installation of community -inspired art, digitally screened onto wrap, featuring
volleyball and healthy, active lifestyles, uniformly affixed to poles on the City's 23
volleyball courts nearest the Pier, with a public showcase on May 18. He also invited
everyone to a fundraiser at the Comedy & Magic Club on March 5.
WASTE HAULING UPDATE
BY ATHENS SERVICES
Gary Clifford, Athens Services COO/Executive VP, gave a PowerPoint presentation
(with assistance from Controller Christian Warner and General Manager Will
Wilson), acknowledged the local Athens Services team, and spoke of the transition
since Hermosa service began July 1; addressed new waste restrictions and noted
many significant improvements due to the changes implemented.
City Council Minutes 02-25-14 Page 13890
Mr. Warner noted the diversion rate increase, installation of around-the-clock porter
•
service downtown, community outreach efforts, and Earth Day (April 26) events.
•
•
In response to a question from Councilmember Fangary, Matt Martinez said Athens'
trucks have GPS and he encouraged people to report suspected speeding to Athens
or to City Manager Bakaly.
OIL PROJECT STATUS REPORT
CITY MANAGER
At the request of City Manager Bakaly, Community Development Director Robertson
(1) noted the draft Environmental Impact Report (EIR) informational meetings last
night and tomorrow night at 6:30 p.m. at the Hermosa Beach Community Center,
and said a third such meeting will take place Saturday, March 8 with the consultants
available for Q&A; (2) said several bound copies of the draft EIR were available in
his department (no cost to the public); (3) noted meetings in the Council Chambers
on April 2 and April 14 for public comments, to be addressed in the final EIR; (4) in
response to a question, said the recommendation is to not retract the report as
requested by attorneys for E&B Natural Resources; and (5) said input on the Health
Impact Assessment (HIA) is being accepted for clarification purposes, and read a
statement from the consultant regarding comments made at last night's meeting.
Action: To direct the City Manager to send letters to coastal cities between Malibu
and Long Beach advising them that Hermosa's electorate will be voting on a ballot
measure to allow an oil drilling project, and referring them to all three reports [EIR,
HIA and Cost Benefit Analysis (CBA)] posted on the City's website for their review.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Adrienne Slaughter — Hermosa Beach, announced the February 27 Kiwanis
Club open house celebrating 88 years in the community, and the 8th
annual "Adrienne's Search for Children's Cancer Cure" fundraiser on
Saturday, March 5, at the Kiwanis Hall, sponsored by Hermosa's
Woman's Club, with Alex's Lemonade Stand as this year's beneficiary;
Ray Waters— Hermosa Beach, urged the Council to make carbon neutrality a
priority, noting that oil drilling would be contrary to that goal;
Glen Payne — Hermosa Beach, announced a March 5 Leadership Hermosa
fundraiser at the Comedy & Magic Club, at $20 per ticket; encouraged
submissions for the "Pillars of Our People" (POP) art project online at
www.leadershiphersmosa.org or through class members;
Betsy Ryan — asked that vacation rentals, a potential source of City revenue,
be agendized for the March 7 Strategic Plan and the March 25 Regular
meetings; presented a petition with 73 signatures in support;
City Council Minutes 02-25-14 Page 13891
•
•
Andre Sharp - Hermosa Beach, spoke of grant availability to help with the
City's carbon neutrality plan;
Peter Barsuck - Hermosa Beach, urged the Council to make Hermosa the
first carbon neutral city, as a demonstration of vision and leadership;
Allan Mason - Hermosa Beach, said the City can lead the way in the trend
toward renewable energy but cannot escape the irony of (at the same
time) discussing oil drilling, which is incompatible with carbon
neutrality;
Jani Lang - Hermosa Beach, urged the Council to make carbon neutrality a
goal to perpetuate Hermosa's global reputation as a pioneer;
Joe Galliani - Torrance, South Bay Climate 350 Action Group, spoke in
support of carbon neutrality for Hermosa; said no oil company can
guarantee public safety;
Jeff Duclos - Hermosa Beach, spoke of the current drought in California;
urged the City Council to make carbon neutrality a priority; spoke of
Hermosa as a trailblazer in the "green" arena;
Dency Nelson - Hermosa Beach, noted little progress since carbon neutrality
was first discussed in earnest by the City Council in 2010; offered his
assistance with making Hermosa the first carbon neutral city;
Michael Bailey - Hermosa Beach, said he had requested a retraction of the
inaccuracies contained in E&B's response to his recent letter published
in The Beach Reporter, expressed disappointment with E&B's actions;
Mariano Alvarez - Hermosa Beach, said Ocean Tire's operations generate
soot that accumulates on his property, causing him health concerns;
disputed the setback distance at the business (City Manager Bakaly
said he would take another look and meet with the business owner);
and
Mike Finch - E&B Natural Resources, said the Health Impact Assessment
(HIA) was flawed and hoped it would be revised in order to provide
value to the community.
(a) Letter from various individuals dated February 8, 2014 requesting City
Council support for a resolution making English the official language.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
(b) Letter from Howard Longacre dated February 16, 2014 regarding City
policies and procedures regarding agenda descriptions and public
noticing.
No one came forward to address the Council on this matter.
• Action: To receive and file the letter.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
City Council Minutes 02-25-14 Page 13892
•
(c) Letter from Jack Janken dated February 19, 2014 regarding the City
Personnel Complaint Process/Procedure.
Councilmember Fangary disclosed discussions he had with Mr. Janken.
City Manager Bakaly and City Clerk Doerfling responded to Council
questions.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
The meeting recessed at 9:40 p.m.
The meeting reconvened at 9:50 p.m. (noting the temporary absence of Mayor pro
tern Tucker), and by consensus the order of the agenda moved to item 6(b).
2. CONSENT CALENDAR:
(a)
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) Barragan.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON DECEMBER 10, 2013.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of December 10, 2013.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 73108
THROUGH 73237, AND NOS. 189631 AND 201402060.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING
DECEMBER 2013 FINANCIAL REPORTS:
1) Revenue and Expenditure Report; and
2) City Treasurer's Report.
Action: To receive and file the December 2013 Revenue
Report and the December 2013 City Treasurer's Report.
and Expenditure
City Council Minutes 02-25-14 Page 13893
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
•
THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 15, 2014.
(f)
(9)
Action: To receive and file the action minutes of the Public Works
Commission meeting of January 15, 2014.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF FEBRUARY 4, 2014.
Action: To receive and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission meeting of February 4, 2014.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF FEBRUARY 18, 2014.
This item was pulled by Councilmember Barragan for separate discussion
later in the meeting.
Community Development Director Robertson and City Manager Bakaly
responded to Council questions.
Action: To receive and file the action minutes of the Planning Commission
meeting of February 18, 2014.
Motion Barragan, second Petty. The motion carried by a unanimous vote.
(h) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY COPP
CONTRACTING INC. FOR THE CIP NO. 11-127 AND 12-127 STREET
IMPROVEMENTS VARIOUS LOCATIONS AS COMPLETE; AUTHORIZE
THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE
STAFF TO RELEASE PAYMENT TO COPP CONTRACTING INC. (NO
EARLIER THAN COMPLETION OF PUNCH LIST AND 35 DAYS FOLLOW
FILING OF NOTICE OF COMPLETION). Memorandum from Public Works
Director Frank Senteno dated February 3, 2014.
Action: To approve the staff recommendation to:
1) Accept the work performed by Copp Contracting, Inc. for the CIP No. 11-
127 and 12-127 Street Improvements Various Locations as complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to Copp Contracting, Inc. (no earlier
than completion of punch list and 35 days following filing of Notice of
Completion).
(i) RECOMMENDATION TO ACCEPT THE WORK PERFORMED BY
SOUTHWEST PIPELINE AND TRENCHLESS CORP FOR THE CIP NO.
10-426, 11-401 AND 12-401 SEWER IMPROVEMENTS VARIOUS
LOCATIONS AS COMPLETE; AUTHORIZE THE MAYOR TO SIGN THE
NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE
City Council Minutes 02-25-14 Page 13894
•
PAYMENT TO SOUTHWEST PIPELINE AND TRENCHLESS CORP (NO
EARLIER THAN COMPLETION OF PUNCH LIST AND 35 DAYS FOLLOW
FILING OF NOTICE OF COMPLETION). Memorandum from Public Works
Director Frank Senteno dated February 3, 2014.
Action: To approve the staff recommendation to:
1) Accept the work performed by Southwest Pipeline and Trenchless Corp.
for the CIP No. 10-426, 11-401 and 12-401 Sewer Improvements Various
Locations as complete;
2) Authorize the Mayor to sign the Notice of Completion; and
3) Authorize staff to release payment to Southwest Pipeline and Trenchless
Corp. (no earlier than completion of punch list and 35 days following filing
of Notice of Completion).
(j) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
February 18, 2014.
Action: To receive and file the project status report giving the status of
capital improvements that are either under design or construction as of
January 31, 2014.
(k) RECOMMENDATION TO WAIVE THE AUTOMATIC VACANCY
III
REQUIREMENT FOR ABSENCES OF PLANNING COMMISSIONER
KENT ALLEN. Memorandum from Community Development Director
Ken Robertson dated February 19, 2014.
(1)
Action: To waive the automatic vacancy requirement for absences of
Planning Commissioner Kent Allen as recommended by staff.
RECOMMENDATION TO ADOPT A RESOLUTION DECLARING THE
CITY'S PARTICIPATION IN EARTH HOUR ON MARCH 29, 2014 FROM
8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22,
2014. Memorandum from Community Development Director Ken Robertson
dated February 18, 2014.
Action: To adopt Resolution No. 14-6892, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 29, 2014
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, 2014."
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
City Council Minutes 02-25-14 Page 13895
•
•
•
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 10:55 p.m., the order of the agenda moved to item 6(a).
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. MIDYEAR BUDGET REVIEW 2013-14. Memorandum from Finance Director
Viki Copeland dated February 10, 2014.
n
Finance Director Copeland presented the staff report and responded to
Council questions. City Manager Bakaly, Community Development Director
Robertson, and Public Works Director Senteno also responded to Council
questions.
No one came forward to address the Council on this item.
Action: To accept the staff recommendation to:
1) Approve the revisions to estimated revenue, appropriations, budget
transfers and fund balances as shown herein and in the attached Revenue
Detail Report and Budget Summary; and
2) Approve the addition of $61,235 to the assigned fund balance for
contingencies in order to meet our target of 16% for this goal, with the
remainder available from midyear revisions of $458,737 transferred to the
Insurance Fund.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
b. DIRECTION ON INITIATING AN AMENDMENT TO THE MUNICIPAL CODE
(CHAPTER 17.50) REGULATING SIGNS FOR AUTOMOBILE SALES
LOTS. Memorandum from Community Development Director Ken Robertson
dated February 18, 2014. Supplemental letter from Andrea Jacobsson
received February 24, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
(Councilmember Tucker returned to the dais at 10:07 p.m.)
Coming forward to address the Council on this item were:
Andrea Jacobsson — JAMA Auto House, referred to her letter; said sign
enforcement in neighboring cities is done only in response to resident
complaints;
City Council Minutes 02-25-14 Page 13896
•
•
•
Michael C. Jones — Casey's Cars General Manager, stressed the importance
of signage to automotive businesses, which provide significant revenue
to the City; and
George Barks — Hermosa Beach property owner, supported the request;
stressed the importance of ensuring the compatibility of any Sign Code
changes with the PCH/Aviation Project; suggested flexibility in the
meantime.
Proposed Action: To initiate a Code amendment to address the regulation
of signs displayed by automotive dealers (option two, as specified in the letter
from JAMA Autohaus).
Motion Petty, second Tucker.
Proposed Amendment: To amend the above main motion to have the
Planning Commission perform a study to evaluate whether a City Code
amendment would put Hermosa more in line with neighboring cities.
Motion Fangary. There was no support by the maker of the main motion.
The above main motion was subsequently withdrawn.
Proposed Action: To initiate a Code amendment that addresses the signs
displayed by auto sales lots, and to allow continued signage display in the
interim for one year.
Motion Petty, second Tucker.
Proposed Amendment: To amend the above main motion to address auto
repair shops as well as auto sales lots in the Code amendment.
Motion Tucker. There was no support by the maker of the main motion.
Final Action: The main motion, to initiate a Code amendment that
addresses the signs displayed by auto sales lots, and to allow continued
signage display in the interim for one year, carried by a 4-1 vote, noting the
dissenting vote of Fangary.
At 10:50 p.m., the order of the agenda moved to item 2.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
a. EMERGENCY PREPAREDNESS ADVISORY COMMISSION —
APPOINTMENT TO FILL AN UNSCHEDULED VACANCY FOR AN
UNEXPECTED TERM ENDING MAY 31, 2017. Memorandum from City
Clerk Elaine Doerfling dated February 19, 2014.
City Council Minutes 02-25-14 Page 13897
•
•
•
Each Councilmember submitted the name of one applicant to City Clerk
Doerfling, who tallied the vote and announced the result. The top vote -getter
is shown in the following action:
Action: To appoint David Buckland to fill an unscheduled vacancy on the
Emergency Preparedness Advisory Commission for an unexpired term
ending May 31, 2017.
b. VACANCIES — BOARDS AND COMMISSIONS - PUBLIC WORKS
COMMISSION — UNEXPIRED TERM ENDING OCTOBER 31, 2016.
Memorandum from City Clerk Elaine Doerfling dated February 13, 2014.
Action: To direct the City Clerk to advertise a Public Works Commission
special vacancy, inviting applications from persons interested in appointment
to fill an unexpired term ending October 31, 2016.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
c. VACANCIES — BOARDS AND COMMISSIONS — SCHEDULE APPLICANT
INTERVIEWS FOR PARKS, RECREATION & COMMUNITY RESOURCES
ADVISORY COMMISSION UNSCHEDULED VACANCY - UNEXPIRED
TERM ENDING JUNE 30, 2017.
Action: To schedule a meeting for 6:15 p.m. Tuesday, March 11, 2014, for
the purpose of interviewing applicants for the Parks, Recreation & Community
Resources Advisory Commission to fill an unexpired term ending June 30,
2017, with appointment to be made later at the March 11 regular meeting.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, February 25, 2014, at the hour of 11:25 p.m. to the
"Proposed E&B Oil Drilling and Production Project - Informational Presentation" on
Wednesday, February 26, 2014 at 6:30 p.m. at the Hermosa Beach Community
Center Theater.
Deputy City Clerk
City Council Minutes 02-25-14 Page 13898
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
0 the City of Hermosa Beach, California, held offsite on Wednesday, February 26, 2014,
at the hour of 6:30 p.m.
•
•
The "Proposed E&B Oil Drilling and Production Project — Information Presentation" took
place at the following offsite location: Community Center Theater, 710 Pier Avenue,
Hermosa Beach.
The following members of the City Council were in attendance as observers only:
Present: Barragan, Fangary
Absent: Petty, Tucker, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Wednesday, February 26,
2014, at the hour of 6:30 p.m. to an Adjourned Regular Meeting to be held on Friday,
March 7, 2014, at 9:00 a.m., for the purpose of conducting a Strategic Planning
workshop.
City Council Minutes 02-26-14 Page 13899
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Friday, March 7, 2014, at the hour
of 9:06 a.m.
PLEDGE OF ALLEGIANCE - Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Also present were the City Manager, Assistant to the City Manager, City Attorney,
Economic Development Officer, Deputy City Clerk, and all City department heads.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Chris Prenter - Hermosa Beach, suggested a timeline to make Hermosa the
first carbon neutral city; cited benefits related to the branding aspect;
Betsy Ryan - urged the Council to allow registered/licensed vacation rentals,
saying they would provide revenue to the City; submitted an email from
Greg Savelli offering suggestions for designing such a program;
Dawn Esser - Redondo Beach (nopowerplant.com), cited reports finding the
AES plant poses hazards; urged adoption of a resolution of opposition;
Melanie (no last name given) - read/submitted a letter from Redondo Beach
Councilmember Bill Brand urging the Hermosa Council to oppose the
AES rebuilding;
Joe Galliani - Torrance, urged moving forward to make Hermosa the first
carbon neutral city; also urged Council to oppose AES rebuilding;
Sheryl Main - Hermosa Beach, supported Community Dialogue's decision-
making tool; PCH/Aviation plan, community garden, carbon neutrality;
Greg Maffei - Hermosa Beach, supported the South Park renovation plan and
its importance to future generations; suggested seeking grants;
Minnie Dimesa - Hermosa Beach, Solar World, said once the City commits to
carbon neutrality, her firm can partner to obtain affordable solar power;
Robert Metcalf - Los Angeles, Solar World, spoke of an innovative financing
model for solar power for City schools and all over town;
George Schmeltzer - Hermosa Beach, urged making carbon neutrality a goal,
with a thorough review from both a science and economic standpoint;
Dave Lowe - Hermosa Beach, suggested a carbon neutrality subcommittee
to work with residents and business owners; offered his assistance;
Cammie Herbert - Hermosa Beach, said economic development, business -
friendly zoning, South Park upgrade, carbon' neutrality, implementation
of the decision-making tool should all be priorities;
Jeff Duclos - Hermosa Beach, supported the South Park upgrade, adoption
of the decision-making tool, downtown and entry corridor revitalization,
reducing the City's carbon footprint and attaining sustainability;
City Council Minutes 03-07-14 Page 13900
•
Robert Fortunado — Hermosa Green Idea House, said being the first carbon
neutral city would be an inspirational branding tool;
Dr. Alice Villalobos — Hermosa Beach, urged a study of the science behind
carbon neutrality to create more public support for achieving the goal;
Rick Learned — Hermosa Beach, urged the Council to oppose the rebuilding
of the AES plant, and to move toward carbon neutrality for cleaner air;
Andrea Giancoli — Hermosa Beach, noted work yet to be done for Hermosa to
reach Blue Zones City status; cited livable -street benefits; urged
working with Manhattan Beach to connect bike lanes at the border;
Craig Cadwallader — Surfrider Foundation, urged protection of the beach
which is a source of revenue for the City; spoke in opposition to the
AES rebuilding and in support of carbon neutrality for Hermosa;
Lori Ford — Hermosa resident/business owner, urged implementation of City
corridor improvements and consideration of zoning changes and the
removal of barriers to make the City more business friendly; and
Ira Lifland — Hermosa Beach, urged the Council to make carbon neutrality a
priority; suggested using the community as a resource to achieve this
goal to make Hermosa stand apart from other cities.
(a) Letter from Lynne Pope dated March 1, 2014 regarding Real Estate and
being the First Carbon Neutral City.
(b) Letter from Michael Collins dated March 3, 2014 regarding Carbon
• Neutrality Branding.
(c) Letter from Julian Katz dated March 2, 2014 regarding Bikeways and
our Strategic Plan.
(d) Letter from Robert Fortunato dated March 4, 2014 regarding Investment,
Jobs and questions answered regarding Carbon Neutrality.
(e) Letter from Dr. Alice Villalobos, c/o Robert Fortunato dated March 4,
2014 regarding Petition to Making Hermosa Beach the First Carbon
Neutral City.
(f) Letter from Minnie Dimesa with Solar World dated March 4, 2014
regarding endorsing efforts to make Hermosa Beach the First Carbon
Neutral City.
(g) Letter from Dan Inskeep dated March 4, 2014 regarding support of
Carbon Neutrality.
(h) Letter from Jessica Guheen dated March 5, 2014 regarding Hermosa
Beach on its best day.
• (1) Letter from Andrea Valcourt dated March 5, 2014 regarding Carbon
Neutrality and First Place.
City Council Minutes 03-07-14 Page 13901
(j) Letter from Arcadia Berjonneau Keane dated March 5, 2014 regarding
• Hermosa Beach as the First Carbon Neutral City.
(k) Letter from Robert Metcalf, P.E. dated March 5, 2014 regarding Carbon
Neutral Hermosa Beach.
•
(I) Letter from Sandra Goetz dated March 6, 2014 opposing Carbon Neutral
efforts.
(m) Petition for Carbon Neutrality - 164 Signatures.
(n) Letter from Jose Bacallao dated March 6, 2014 regarding Adopting a
Carbon Neutral Policy for the City of Hermosa Beach.
Action: To receive and file the letters and petition identified above as Written
Communication items 1(a) through 1(n).
Motion Mayor DiVirgilio, second Tucker. The motion carried by a unanimous vote.
The meeting recessed at 10:28 a.m.
The meeting reconvened at 10:36 a.m., with the Strategic Planning Work Session.
2. STRATEGIC PLAN REVIEW. Report and all materials provided by Lyle
Sumek Associates, Inc.
Lyle Sumek, facilitator, reviewed his "Implementation Gaps" handout; suggested that
the Community Dialogue Group's decision-making tool become a priority in the
Strategic Plan, citing its merits; gave a timeline of related future meetings and
training; said the aim today was to select and rank the top priority goals and the high
priority goals, labeling the remaining goals as simply "priority." At this time, Shelli
Margolin -Mayer was introduced as the City's new Economic Development Officer.
3. REVIEW AND REVISION OF ACTION ITEMS FOR GOAL 4 — "MORE
LIVABLE SUSTAINABLE BEACH CITY"
Discussion ensued about the carbon neutrality, including the branding aspect, and
the City's Carbon Neutral Plan was divided into two separate carbon neutral goals:
for Hermosa Beach as a municipality and as a community.
Discussion topics related to Redondo's AES rebuilding project (changed from policy
action to management in progress) included attendance by a City representative at
the California Energy Commission's next meeting, the inclusion of meeting dates on
the City calendar, Council briefings on all project matters, including potential benefits
and costs to the City as "intervener."
The meeting recessed for lunch at 12:37 p.m.
• The meeting reconvened at 1:10 p.m.
City Council Minutes
03-07-14 Page 13902
•
•
•
At the City Manager's request, Glen Payne, Community Dialogue Group member,
cited revisions the team made to improve the process effectiveness and innovative
potential of the Decision -Making Tool, which was designed based on community
input, and recommended adoption and implementation of the Tool as a top priority.
4. GOAL 5: ENHANCED ECONOMIC DEVELOPMENT THROUGH
REVITALIZED DOWNTOWN AND ENTRY CORRIDORS
Discussion ensued regarding flexible parking opportunities that support the City's
economic objectives, relaxation of requirements to attract more desired businesses,
valet parking for businesses, an increase in short-term rental enforcement, and
deeming both walkability and Aviation corridor improvements as priorities.
The meeting recessed at 3:30 p.m.
The meeting reconvened at 3:46 p.m.
5. OVERALL RANKING OF 2014 TOP AND HIGH PRIORITY ACTION ITEMS
The Council by consensus selected and ranked its top priority policy items and
(second tier) high priority policy items, deeming the remainder as "other" priorities.
The Council then by consensus selected its top priority management items and high
priority (second tier) management items, deeming the remainder as "other" priorities.
6. GOVERNANCE
The focus then moved to Section 9 (Governance), with discussions regarding Future
Tentative Agenda item placement if supported by two Councilmembers; noticing,
including a link in the City's e -newsletter; reporting staff misconduct directly to the
City Manager; having one or two Councilmember liaisons to meet with City business
and non-profit owners and report back to the full Council for direction; guidelines for
media outreach; meeting etiquette, including texting; changing the Public Comment
time slot; setting a time limit for Presentations; using speaker cards; and using "so
moved" to replace a full vote on motions dealing with basic items.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, March 11, 2014, at the hour of 6:35 p.m., to a "Drop -
In Open House — Proposed E&B Oil Drilling and Production Project" on Saturday,
March 8, 2014, at 9:00 a.m.
r
Deputy City Clerk
City Council Minutes 03-07-14 Page 13903
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Saturday, March 8, 2014, at the hour of
9:00 a.m.
The "Drop -In Open House — Proposed E&B Oil Drilling and Production Project" took
place in the Hermosa Beach City Council Chambers.
The following members of the City Council were in attendance as observers only:
Present: Barragan, Fangary, Petty, Mayor DiVirgilio
Absent: Tucker
ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Saturday, March 8, 2014, at the hour of 1:00 p.m. to the
Regular Meeting of March 11, 2014.
•
CRTC Clerk
•
City Council Minutes 03-08-14 Page 13904
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held Tuesday, March 11, 2014, at the hour of 6:15 p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
INTERVIEW 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 first floor conference 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
Maureen Ferguson Lewis
Isabel Rodriguez
• The interviewed applicants were advised that the Council would make the
appointment later at this evening's regular meeting.
The meeting recessed at 6:56 p.m.
The meeting reconvened at 7:10 p.m.
PLEDGE OF ALLEGIANCE — Officer Heidi Moss
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Fangary said he attended the recent South
Bay Cities Council of Governments General Assembly meeting with Mayor DiVirgilio.
Councilmember Petty acknowledged City staff, particularly Community Development
Director Ken Robertson, for their dedication to the City.
Councilmember Barragan noted the June primary election, the November general
election, and a candidates' meet -and -greet event at the Palos Verdes Library District
• in Rolling Hills Estates at 1:30-4:30 p.m., Sunday March 16.
City Council Minutes
03-11-14 Page 13905
Mayor pro tem Tucker thanked City Manager Bakaly, City staff, and the public for
• their input and patience at last Friday's Strategic Planning meeting.
•
Mayor DiVirgilio spoke of the Los Angeles County Public Works' annual Household
Hazardous Waste and E -Waste Collection Roundup in January, noting that about
80% of all waste is recycled; thanked County Supervisor Don Knabe and his Field
Deputy, Steve Napolitano, for their efforts with regard to the event.
PRESENTATION
30TH ANNIVERSAY HONORING THE MEMORY
OF HERMOSA BEACH POLICE OFFICER GARY MOSS
Mayor DiVirgilio spoke of former Police Officer Gary Moss, who lost his life 30 years
ago, and acknowledged former Councilmember Gary Brutsch, in office at the time of
the fatal accident, who brought to his attention that former Redondo Police Officer
John Wisser will ride this year, in Officer Moss's honor, along with more than 1,000
other bicyclists, in the annual Police Unity Tour from New Jersey to the National Law
Enforcement Memorial in Washington, D.C., where members will attend numerous
events honoring the more than 19,000 fallen U.S. law enforcement officers.
Acting Police Captain Tom Thompson, on the force at the time, introduced Officer
Moss's partner, retired Sergeant Paul Wolcott, who survived the accident; introduced
family members in the audience; acknowledged the presence of Newport Beach law
enforcement personnel; and gave a PowerPoint presentation about the Police Unity
Tour, which has provided the Memorial Fund with millions of dollars over the years
to honor and raise awareness of those officers who have died in the line of duty.
Mayor DiVirgilio presented a Certificate of Recognition to Tom Moss, brother of the
fallen officer, who also accepted with gratitude a Certificate presented by Field
Deputy Steve Napolitano on behalf of Los Angeles County Supervisor Don Knabe.
Tom Moss thanked the Council for remembering his brother, John Wisser for riding
in his name, Paul Wolcott and all others who attended this evening to honor him.
Mayor DiVirgilio and Deputy Napolitano each presented a commendation to John
Wisser for keeping alive the memory of Officer Moss.
John Wisser said "We ride for those who died" is the motto of the Police Unity Tour;
thanked Gary Brutsch for his efforts, which include fundraising for the annual event;
and, in response to questions, said donations may be made at www.socalput.com.
Paul Wolcott shared some favorite memories of his late friend, Officer Moss, saying
he was proud to have known him and continues to mourn his loss.
• Action: To direct staff to agendize a $1,000 City donation (if legally permitted)
toward the sponsorship of Mr. Wisser's ride in the Tour in honor of Officer Moss.
Motion Tucker, second Mayor DiVirgilio. The motion carried by a unanimous vote.
City Council Minutes 03-11-14 Page 13906
• The meeting recessed at 7:33 p.m.
The meeting reconvened at 7:55 p.m.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Sal Longo — Hermosa homeowner and owner of Suzy's, urged the Council to
lift the moratorium on liquor sales in the hill section;
Isabella Bacallao — Hermosa Beach, spoke in opposition to the oil drilling and
production project, citing hazards to the community;
Jim Sullivan — Hermosa Beach, suggested a Health Impact Assessment and
Environmental Impact Report be required for all construction projects;
Sidra Wieder — Hermosa Beach, expressed concerns about noise from the oil
drilling/production project, as well as the site's proximity to South Park;
Michael Binder — Hermosa Beach, called the traffic signal at the intersection
of Hermosa and Pier avenues a nuisance due to the long wait;
Lauren Pizer Mains — said Los Angeles residents are getting sick from an oil
production project there, due to its negative noise/odor impacts;
Jessica Guheen — Hermosa Beach, thanked the Council for making the South
Park project a top priority for 2014;
Joe Galliani — Torrance/South Bay 350 Climate Action Group, urged Council
to bean intervener on Redondo's AES rebuilding issue; and
Mariano Alvarez — Hermosa Beach, presented before/after slides showing the
impact that Ocean Tire's too -high fencing has had on his view.
(a) Letter from Bob Couture requesting that the City Council consider
various initiatives/campaigns to create an animal fecal -free city.
Coming forward to address the Council on this item was:
Gina Martinez — Hermosa Beach, said not all people pick up after their dogs,
creating a public health hazard on the Greenbelt, parks and the beach;
said signs are ineffective; also suggested banning dogs on the Strand.
Mayor pro tern Tucker suggested that the issue be referred to the Parks and
Recreation Commission for solutions to alleviate, and make people aware of,
the problem. Councilmember Barragan echoed her support.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
(b) Letter from Jack Janken regarding Public Records Act Request and
Response from City.
In response to Council questions, City Attorney Jenkins outlined the process
for requesting public records from the City, noted the number of documents
City Council Minutes 03-11-14 Page 13907
given to Mr. Janken, and explained that personal/private emails, along with
• documents that fall under attorney-client privilege, cannot be provided.
•
•
Councilmember Fangary disclosed ex parte communications.
Coming forward to address the Council on this item was:
Jack Janken — Hermosa Beach, submitted additional information; said the
City has been nonresponsive and is in violation of the Public Records
Act for failing to provide certain records he requested.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
(c) Supplemental letter from Laura Fisher encouraging the City Council to
make South Park improvements one of their Top 10 Strategic Priorities
for 2014.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
(d) Supplemental letter from Andrea Valcourt encouraging the City Council
to make South Park improvements one of their Top 10 Strategic
Priorities for 2014.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
(e) Supplemental letter from Deb Wright DeMaderios encouraging the City
Council to make South Park improvements one of their Top 10 Strategic
Priorities for 2014.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (e)
with the exception of the following item, which was removed for discussion in
item 4, but is shown in order for clarity: 2(e) Fangary.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
City Council Minutes 03-11-14 Page 13908
(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
• CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE
REGULAR MEETINGS OF THE CITY COUNCIL FOR THE MONTHS OF
JANUARY 2014 AND FEBRUARY 2014.
•
Action: To receive and file the memorandum from City Clerk Doerfling
regarding approval of minutes.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 73238
THROUGH 73334, 14227, 21151, 370265387 AND 1422010649.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER
THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
March 3, 2014.
1. Claimant: Roberts, Danielle; Date of Loss: 09-27-13; Date filed: 02-27-14;
Allegation: Personal Injury
2. Claimant: Roberts, Waylon (minor child); Date of Loss: 09-27-13; Date
filed: 02-27-14; Allegation: Personal Injury
3. Claimant: Roberts, Landry (minor child); Date of Loss: 09-27-13; Date
filed: 02-27-14; Allegation: Personal Injury
4. Claimant: II Boccacio, Inc. dba Palmilla Concina Y Tequila; Date of Loss:
09-21-13; Date Filed: 02-18-14; Allegation: Indemnity from Lawsuit
Action: To deny the above -noted claims and refer them to the City's Liability
Claims Administrator, as recommended by staff.
(e) RECOMMENDATION TO SIGN AN AGREEMENT WITH NIXLE TO
PROVIDE INTERACTIVE COMMUNICATIONS WITH THE COMMUNITY.
Memorandum from Police Chief Sharon Papa and Fire Chief David Lantzer
dated March 5, 2014.
This item was removed from the consent calendar by Councilmember
Fangary for separate discussion later in the meeting.
Police Chief Papa and City Manager Bakaly responded to Council questions.
• Mayor pro tem Tucker suggested providing information about this tool in the
City's e -newsletter. City Manager Bakaly suggested that the Emergency
City Council Minutes 03-11-14 Page 13909
•
Preparedness Advisory Commission's "Citizens' Guide to Emergencies" be
amended to include the Nixle information.
Action: To authorize the City Manager to sign an agreement between the
City of Hermosa Beach and Nixle to provide interactive communications with
the community, as recommended by staff.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
At 8:54 p.m., the order of the agenda moved to item 5(a).
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Item 2(e) was heard at this time but is shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
At 12:55 a.m., the order of the agenda moved to item 8.
5. PUBLIC HEARINGS
a. TEXT AMENDMENT TO THE MUNICIPAL CODE TITLE 17 (ZONING) TO
ALLOW "GYMNASIUM/HEALTH AND FITNESS CENTER, LIMITED," NOT
EXCEEDING 6,000 SQUARE FEET IN THE M-1 (LIGHT
MANUFACTURING) ZONE CITYWIDE AND AMENDMENTS FOR
CONSISTENCY INCLUDING PARKING STANDARDS FOR
GYMNASIUMS/FITNESS AND HEALTH CENTERS (APPLICABLE TO ALL
ZONES) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION. Memorandum from Community Development Director Ken
Robertson dated March 3, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
Councilmembers Fangary and Barragan disclosed ex parte communications.
The public hearing opened at 9:18 p.m. Coming forward to address the Council on
this item were:
Jed Sanford — applicant, noted the onsite parking and offered to add bike
racks; said intervals between classes would minimize parking issues;
vowed to keep sound levels down; responded to Council questions;
Kevin Sousa — Hermosa Beach, spoke in support, noting that he lived nearby;
said the applicant has done good things in the community; urged the
Council to do the zoning change and to be more business friendly;
City Council Minutes 03-11-14 Page 13910
•
•
•
Barbara Ellman — Hermosa Beach, expressed concern about potential
parking impacts and the lack of manpower for City enforcement;
Cammie Herbert — Hermosa Beach, urged approval of the zone change; said
the business would be low impact to nearby residents and the
applicant is a successful businessman who supports the City;
Michael Binder — Hermosa Beach, spoke in support, noting the site is located
directly behind his home; said Hermosa needs more business like this;
Mike Collins— Hermosa Beach, cited the applicant's proven track record; said
many patrons would walk there, noted the area's empty buildings;
Jessica Guheen — Hermosa Beach, spoke in support of the proposal and in
favor of revitalizing Cypress Street; and
Chris Prenter — Hermosa Beach, expressed appreciation for a business that
promotes a healthy lifestyle on Cypress Street, noting many patrons
would walk or ride their bikes to the facility.
The public hearing closed at 9:30 p.m.
Proposed Action: To adopt the Environmental Negative Declaration, waive
full reading and introduce the proposed ordinance, as presented this evening
and recommended by staff.
Motion Tucker, second Petty. The motion was subsequently replaced by the
following proposed substitute motion.
Proposed Substitute Action: To continue the item and direct staff to mail
public hearing notices to residents and property owners within 500 feet of the
site (at the City's expense), amend the draft ordinance to include a provision
for bike racks, and bring the item back for a re -hearing at the April 8 meeting.
Motion Fangary, second Barragan. The motion died, due to the dissenting
votes of Petty, Tucker and Mayor DiVirgilio.
Final Action: To approve the staff recommendation to:
1) Adopt an Environment Negative Declaration finding it is adequate and
complete, reflects the City's independent judgment and analysis, and
there is no substantial evidence that the project would have a significant
impact on the environment; and
2) Introduce and waive reading of Ordinance No. 14-1346, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO
DEFINE AND ALLOW "GYMNASIUMS/HEALTH AND FITNESS
CENTERS, LIMITED" NOT EXCEEDING 6,000 SQUARE FEET OF
FLOOR AREA IN THE M-1 (LIGHT MANUFACTURING) ZONE AND
AMEND THE OFF-STREET PARKING STANDARDS FOR
GYMNASIUMS/FITNESS AND HEALTH CENTERS (APPLICABLE TO
ALL ZONES)," as amended this evening to add under Section 3 the
following new subsection: "C. Bicycle parking shall be supplied at a
minimum rate of one (1) per 1,000 square feet of floor area."
Motion Tucker, second Petty. The motion carried by a unanimous vote.
City Council Minutes
03-11-14 Page 13911
•
•
•
The meeting recessed at 9:57 p.m.
The meeting reconvened at 10:06 p.m., at which time the order of the agenda
moved to item 6(b).
6. MUNICIPAL MATTERS
a. ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 2014-
2015. Memorandum from Public Works Director Frank Senteno dated
February 25, 2014.
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 adopt Resolution No. 14-6893, 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, 2014 AND
ENDING JUNE 30, 2015."
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
At 12:49 a.m., the order of the agenda moved to item 4.
b. UPDATE ON E&B'S PROPOSED OIL DRILLING AND PRODUCTION
PROJECT AND POSSIBLE APPOINTMENT OF A COUNCIL
SUBCOMMITTEE TO ASSIST IN NEGOTIATION OF DEVELOPMENT
AGREEMENT. Memorandum from Community Development Director Ken
Robertson dated March 4, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Barbara Ellman — Hermosa Beach, urged that the negotiations be open to the
public; said a resident should be included on the committee;
Stacey Armato — Hermosa Beach, supported open negotiations; asked if the
development agreement becomes invalid if voters do not approve the
oil drilling and production project;
City Council Minutes
03-11-14 Page 13912
•
•
•
Jose Bacallao — Hermosa Beach, supported open negotiations or at least a
limited public comment process for community feedback and concerns;
Craig Cadwallader — Surfrider Foundation, South Bay Chapter, encouraged
open meetings to allow for some form of public participation;
JR Reviczky — Hermosa Beach, requested City Attorney clarification as to
why the development agreement must be included on the ballot;
Lauren Pizer Mains — questioned the need to complete the agreement before
the vote; said the whole process should be open; and
Mike Collins — Hermosa Beach, stressed the importance of the agreement;
urged open negotiation meetings.
Action: To appoint a subcommittee consisting of Mayor DiVirgilio and
Councilmember Fangary to assist the City Attorney and City Manager with
negotiating a development agreement with E&B Natural Resources, and to
authorize the hiring of outside counsel with experience in negotiating oil and
gas development agreements to further assist the City with the negotiations.
Motion Petty, second Fangary. The motion carried, noting the dissenting
votes of Barragan and Tucker.
c. SECOND RESTATED SUMMER CONCERT SERIES AND FALL/SPRING
CONCERTS. Memorandum from Assistant to the City Manager Diane
Strickfaden dated March 5, 2014. Supplemental letter from Howard Longacre
received March 10, 2014. Supplemental information from Ms. Strickfaden
received March 11, 2014. Supplemental emails from Sheryl Main, Michael
Keegan and Fred Huebscher received March 11, 2014.
Assistant to the City Manager Strickfaden presented (and noted corrections
to) the staff report, and responded to Council questions. City Manager Bakaly
and City Attorney Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Allen Sanford — applicant, said a three-year extension to his contract and the
addition of two ticketed, off-season weekend concerts in Lot A were
proposed to address his need for a sustainable solution to allow him to
continue providing the annual free beach concerts; said the expiration
next year of his contract and the City's ability to cancel for any reason
are factors that prevent him from securing long-term sponsors who
want at least two- or three-year deals; responded to Council questions;
Craig Cadwallader — Surfrider Foundation, said summer concerts are a good
use of the beach and these free concerts are a signature of the City;
urged Council support, noting the significant risk to Mr. Sanford;
Anne Sullivan — Hermosa Beach, spoke in opposition to ticketed, non -family-
oriented concerts at Lot A, citing alcohol, parking and noise impacts;
said the agenda item description should have been more detailed;
Sheryl Main — Hermosa Beach, expressed concerns about the proposal and
the need for more information; and
City Council Minutes
03-11-14 Page 13913
•
Kevin Sousa — Hermosa Beach, Community Dialogue group member, said
the proposal fits well as a branding tool for the City, scoring 17 of 21
with the decision making tool, and should be fast -tracked.
Action: To direct staff to return with an agreement that extends the contract
for free summer beach concerts through 2018, eliminates the requirement for
annual City permission, and (with the amendment proposed by Barragan)
limits the review process to the provisions of Section 3.E. (as worded in the
updated documents presented this evening), allowing the Council to cancel
summer beach concerts only if deemed detrimental to public safety.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
Final Action: To direct staff to report back expeditiously with long-term
options, including cash or other resources that the City (as a partner) can
offer, to resolve the financial sustainability issues faced by the Producer and
ensure continuation of Hermosa's free summer beach concerts in the future.
Motion DiVirgilio, second Petty. The motion carried by a unanimous vote.
At 12:47 a.m., the order of the agenda moved to item 6(a).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
ID
CITY COUNCIL
a. PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION — APPOINTMENT TO FILL AN UNSCHEDULED VACANCY.
Memorandum from City Clerk Elaine Doerfling dated March 4, 2014.
City Clerk Doerfling presented the report, responded to Council questions,
and distributed a ballot to each Councilmember, who marked their choice
using a weighted vote, and passed their ballots to the City Clerk, who read
aloud and tallied the votes and announced the top candidate, shown below.
Action: To appoint Jessica Guheen to fill an unscheduled vacancy on the
Parks, Recreation and Community Resources Advisory Commission for an
unexpired term ending June 30, 2017.
9. OTHER MATTERS - CITY COUNCIL — None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, March 12, 2014, at the hour of 1:02 a.m. to the
Regular Meeting of Tuesday, March 25, 2014, with a study session at 6:00 p.m.
City Clerk
City Council Minutes 03-11-14 Page 13914
Deputy City Clerk
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
• Hermosa Beach, California, held Tuesday, March 25, 2014, at the hour of 6:01 p.m.
ROLL CALL:
Present: Fangary, Petty, Mayor DiVirgilio
Absent: Barragan, Tucker (arrived 6:21 p.m.)
STUDY SESSION - ICMA POLICE AND FIRE/EMS SERVICES ANALYSIS
RECOMMENDATION TO RECEIVE AND FILE THE ICMA (INTERNATIONAL
CITY/COUNTY MANAGEMENT ASSOCIATION) OPERATIONS ANALYSIS
REPORT AND PRESENTATION. Memorandum from Police Chief Sharon Papa
and Fire Chief David Lantzer.
City Manager Bakaly said the ICMA representatives involved in the study would
present their reports this evening and respond to Council questions, noting that a
more detailed discussion would take place in May as part of the budget process.
Police Chief Papa introduced Bernard Melekian, former Pasadena Police Chief, and
member of the ICMA team who worked on the study.
Senior Public Safety Consultant Bernard Melekian presented the ICMA Operations
Analysis Report for Police Services, praised Police Department personnel for their
dedication and commitment to service; summarized the findings/recommendations,
which included filling patrol vacancies, establishing a dedicated enforcement team
for zoning -type issues in the beach entertainment zone, enhancing traffic/parking
enforcement, developing a strategic plan for the downtown/Pier Plaza area to ensure
a proactive rather than reactive response, and making greater use of technology
(e.g., a detective case management system); then responded to Council questions.
(Mayor Pro Tem Tucker arrived at 6:21 p.m.)
Fire Chief Lantzer introduced ICMA team member Mike lacona and Fire Services
Manager Steven Knight.
Senior Associate Mike lacona presented the ICMA Operations Analysis Report for
Fire and Emergency Medical Services, praised Fire Department personnel for their
dedication and commitment to service; emphasized the need to replace the police
and fire facilities; summarized the report findings/recommendations, which included
the hiring of a division chief (training/operations) and a civilian fire marshal (perhaps
shared with another agency), the use of a BLS (basic life support) ambulance staffed
with interns for peak period deployment, the enhancement of call -screening efforts,
and consideration of single -unit response; then responded to Council questions.
Coming forward to address the Council at this time was:
Tracy Hopkins - Hermosa Beach, thanked Fire, Police and ICMA for their
efforts; spoke of the need for appropriate manpower, training, facilities,
and local accountability;
City Council Minutes 03-25-14 Page 13914
•
Dale (last name not given) — supported shared services; asked about
consolidating with adjacent cities; and
Aaron Marks — Fire Association president, said the Association is working
with the Fire Chief to facilitate the best recommendations, both fiscally
and to meet the expectations of the City; spoke of lost revenue if the
BLS ambulance is not in service.
Action: To receive and file the ICMA Operations Analysis Report and Presentation.
Motion Tucker, second Fangary. The motion carried, noting the absence of
Barragan.
The meeting recessed at 7:03 p.m.
The meeting reconvened 7:15 p.m.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
CERTIFICATE OF SYMPATHY HONORING
THE MEMORY OF SUSAN BLACO
Mayor DiVirgilio spoke of the January 31 passing of long-time resident Susan Blaco,
a member of the City's Civil Service Board and numerous community organizations,
noting many of her achievements, included being honored by Hermosa's Chamber
of Commerce as 2004 Woman of the Year. He expressed condolences to her family
and presented the Certificate of Sympathy to her husband Steve and son Brady.
ANNOUNCEMENTS — Councilmember Fangary spoke of Redondo's proposal to link
their bike path with The Strand, and encouraged Hermosa residents to share their
comments and concerns at a meeting tentatively scheduled for March 31; spoke of
the potential rebuilding of the AES power plan in Redondo, which also has potential
impacts on Hermosa residents due to its proximity, noting that a presentation by
Redondo officials was tentatively scheduled for Hermosa's April 8 Council meeting.
Councilmember Petty announced (1) the Surfers Walk of Fame induction ceremony
at 11 a.m. Saturday, April 5, and (2) the General Plan Update Phase 1 meetings
scheduled to take place at 7 p.m. in the Council Chambers on the following dates
and topics: April 14 — Climate Change and Sustainability; April 21 — Economics and
Land Use; and April 30 — Transportation and Health.
Mayor pro tem Tucker (1) praised this year's St. Patrick's Day Parade (sponsored by
Hermosa's Chamber of Commerce) as the best community event he had ever seen;
(2) announced the Los Angeles County Sanitation District's Earth Day celebration on
April 20 at its Whittier facility.
City Council Minutes 03-25-14 Page 13915
• Mayor DiVirgilio (1) echoed the sentiments about the St. Patrick's Day Parade held
March 15; (2) noted the huge success of the March 22 Hearts of Hermosa fundraiser
benefitting City schools; (3) spoke of the importance of 4th of July public safety
planning, looking forward to the progress report from staff at the April 8 meeting; and
(4) said Hermosa is a registered participant in the 4th annual Wyland Foundation's
National Mayor's Challenge for Water Conservation through April and encouraged
residents to sign up to show the community's commitment to conserving water.
PROCLAMATIONS/PRESENTATIONS
RECOGNIZING THE HERMOSA VALLEY SCIENCE
OLYMPIAD TEAM FOR PLACING SEVENTH IN THE REGIONAL
COMPETITION AND FOR HEADING TO THE STATE LEVEL
Mayor DiVirgilio presented the Certificate of Recognition, gave each team member a
City pin, and invited forward Hermosa Valley School science teacher Kathy Spurrell,
in her ninth year as Science Olympiad team coach, noting that this was the seventh
time the team has made it to the State level of competition. Each team member
gave his/her name and favorite Olympiad event(s).
HERMOSA BEACH SCHOOL DISTRICT SUPERINTENDENT
PAT ESCALANTE ON LOCAL CONTROL
FUNDING FORMULA AND FACILITIES
Superintendent Escalante spoke of the new funding formula that now provides
supplemental grant funding to districts with a high proportion of foster-care/English-
as-a-second-language/financially-disadvantaged students, and requires each district
to obtain community input on how its funding should be spent; noted that Hermosa
schools are being considered for California Distinguished School designations; said
the District relies heavily on the community for support; explained that the existing
school facilities cannot accommodate student enrollment and invited everyone to a
meeting on March 29 at Valley School for a presentation (by architects) on North
School as well as other Valley School/View School options.
Mayor DiVirgilio said the City/School compact just met and will continue to meet bi-
monthly; also announced a joint City Council/School Board meeting in May.
PROCLAMATION OF "RED CROSS MONTH" BY
GILA KATZ AND THE RED CROSS
Ms. Katz (a Red Cross Ambassador), spoke of her involvement with the organization
since the 9/11 attacks, when she travelled to Ground Zero to serve as a disaster
chaplain. Nikki Davis, Regional Engagement Director, expressed appreciation for
Ms. Katz's service, discussed the core services provided by the Red Cross, noted
disaster preparedness events, and encouraged people to be prepared.
PUBLIC PARTICIPATION:
City Council Minutes
03-25-14 Page 13916
• 1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Tom Morley — spoke of the benefits of including the Planning Commission in
the previous oil EIR discussions;
Sidra Wieder — Hermosa Beach, objected to private subcommittee meetings
with E&B; suggested the use of closed circuit television;
Isabella Bacallao — Hermosa Beach, spoke in opposition to the oil drilling and
production project, citing health and safety impacts;
Barbara Ellman — Hermosa Beach, said E&B should depict the view of the
site during the early years and invite residents to see a work -over rig;
Jose Bacallao — Hermosa Beach, noted the confusion and misinformation
throughout the community concerning the oil project; and
Mariano Alvarez — spoke of pollution in his yard from Ocean Tire; said the
setback distance of the operation was not measured according to
accepted standards; submitted documents/photographs.
(a) Letter from Letter from Robert Fortunato dated February 24, 2014 in
regard to dispelling rumors and Carbon Neutrality.
No one came forward to address the Council on this matter.
• Action: To receive and file the letter.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(b) Letter from Donald Reed dated March 13, 2014 requesting City Council
support fora resolution making English the official language.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(c) Letter from Michael Collins dated March 18, 2014 regarding Renewable
Energy, Carbon Neutrality and Leading Edge Ideas.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
(d) Letter from E. J. Stemig dated March 15, 2014 regarding Oil Drilling.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
City Council Minutes 03-25-14 Page 13917
• (e) 49 Letters from Students of Mira Costa High School dated March 14,
2014 — March 18, 2014 regarding the Pros and Cons of Oil Drilling.
Supplemental letter from Mira Costa High School Student Katrina Preiss
dated March 19, 2014 regarding Oil Drilling.
•
•
No one came forward to address the Council on this matter.
(f)
Action: To receive and file the letters.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
Supplemental letter from Fran Parker dated March 18, 2014 regarding a
City Policy on Water Usage in Times of Drought.
No one came forward to address the Council on this matter.
Action: To receive and file the letters.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
City Clerk Doerfling noted corrections to the agenda: the report for item 2(f)
was incorrectly labelled as "1(f)" and the recommended action for item 2(g)
should read "adopt the resolution," not receive and file.
Action: To approve the consent calendar recommendations (a) through (h)
with the exception of the following item, which was removed for discussion in
item 4, but is shown in order for clarity: 2(e) Barragan.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Adjourned Regular meeting held on December 12, 2013;
2) Adjourned Regular meeting held on December 13, 2013; and
3) Adjourned Regular meeting held on January 3, 2014.
Action: To approve as presented the minutes of the City Council's Adjourned
Regular meetings that took place December 12, 2013, December 13, 2013,
and January 3, 2014.
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS:
(1) MARCH 6, 2014 (NOS. 14306, 73335 THROUGH 73366, 20140305
AND 20140306).
(2) MARCH 13, 2014 (NOS. 73367 THROUGH 73411 AND 2014031,
AND APPROVE CANCELLATION OF CHECK NOS. 72296 AND
73187 AS RECOMMENDED BY THE CITY TREASURER).
City Council Minutes 03-25-14 Page 13918
Action: To ratify both check registers and approve the cancellation of certain
• checks, as recommended by the City Treasurer.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING
JANUARY 2014 FINANCIAL REPORTS:
1) Revenue and Expenditure report;
2) City Treasurer's report; and
3) Investment report.
Action: To receive and file the January 2014 Financial Reports: Revenue
and Expenditure Report; City Treasurer's Report; and Investment Report.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF MARCH 18, 2014.
This item was removed from the consent calendar by Councilmember
Barragan for discussion later in the meeting.
Community Development Director Ken Robertson responded to Council
questions. City Manager Bakaly and City Attorney Jenkins also responded to
Council questions.
Action: To receive and file the action minutes of the Planning Commission
meeting of March 18, 2014.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
Coming forward at this time to address the Council on this item was:
Sandy Saemann — Hermosa Beach, said the 50-50 rule is not enforced at the
North End, which should be subject to license suspension/revocation
due to various repeated violations; submitted documents.
(f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF JANUARY 6, 2014.
(g)
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission meeting of January 6, 2014.
RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE
CITY OF HERMOSA BEACH TO ENTER INTO A GRANT AGREEMENT
WITH THE STATE COASTAL CONSERVANCY IN ACCORDANCE WITH
THE SPECIFICATIONS OF THE "CONDITIONS PRECEDENT TO
City Council Minutes 03-25-14 Page 13919
•
•
•
DISBURSEMENT" INCLUDING ALL TERMS AND CONDITIONS FOUND IN
THE GRANT AGREEMENT FOR AN ASSESSMENT OF
INFRASTRUCTURE VULNERABILITY DUE TO SEA LEVEL RISE.
Memorandum from Public Works Director Frank Senteno dated March 17,
2014.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 14-6894, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AUTHORIZING THE CITY OF HERMOSA BEACH TO ENTER INTO A
GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY
IN ACCORDANCE WITH THE SPECIFICATIONS OF THE
`CONDITIONS PRECEDENT TO DISBURSEMENT' AND ALL TERMS
AND CONDITIONS FOUND IN THE GRANT AGREEMENT FOR
ASSESSMENT OF INFRASTRUCTURE VULNERABILITY DUE TO SEA
LEVEL RISE, DESIGNATING A REPRESENTATIVE TO SIGN THE
GRANT AGREEMENT, AND ANY AMENDMENTS THERETO";
2) Award Professional Services Agreement (PSA) to Geosyntec Consultants
for Environmental Consulting Services that includes conduct of an
assessment of infrastructure vulnerability due to projected sea level rise in
the amount of $95,000;
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 appropriation of $100,000 of Safe Drinking Water, Water
Quality and Supply Funds and the corresponding revenue to the 150
Grants Fund.
(h) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
March 17, 2014.
Action: To receive and file the project status report giving the status of
capital improvements that are either under design or construction as of
February 28, 2014.
3. CONSENT ORDINANCES
a. ORDINANCE NO. 14-1346 — "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE
MUNICIPAL CODE TO DEFINE AND ALLOW `GYMNASIUMS/FITNESS
AND HEALTH CENTERS, LIMITED' NOT EXCEEDING 6,000 SQUARE
FEET OF FLOOR AREA IN THE M-1 (LIGHT MANUFACTURING) ZONE
AND TO AMEND THE OFF-STREET PARKING STANDARDS FOR
GYMNASIUMS/FITNESS AND HEALTH CENTERS (APPLICABLE TO ALL
ZONES ." For adoption. Memorandum from City Clerk Elaine Doerfling
dated March 17, 2014.
City Council Minutes
03-25-14 Page 13920
•
•
•
Community Development Director Robertson responded to Council questions.
City Manager Bakaly and City Attorney Jenkins also responded to Council
questions.
Councilmember Fangary disclosed ex parte communications.
Coming forward to address the Council on this item were:
Terry (last name indistinct) — Hermosa Beach, expressed concerns about
potential noise and on -street parking despite the site's on-site parking;
Bob Hoffman — asked why a conditional use permit was required for his auto
repair shop but not for this business;
Karen Anderson — Hermosa Beach, said since she works at home, both her
home and work lives will be adversely affected by noise; and
Charles Hoffman — Hermosa Beach, spoke in support of the zoning change to
allow for this business.
Proposed Action: To waive full reading and adopt Ordinance No. 14-1346.
Motion Petty, second Tucker. (Motion restated below with the vote)
Substitute Motion: To direct staff to revise the Ordinance to include the
requirement for a conditional use permit (CUP) and to reintroduce the
Ordinance as amended.
Motion Fangary, second Tucker. The motion failed due to the dissenting votes
of Barragan, Petty and Mayor DiVirgilio.
Substitute Motion: To change the designation specified in Section 2 of the
Ordinance from "P" (permitted use without a CUP) to "U" (CUP required) and
to reintroduce the Ordinance as amended.
Motion Fangary. The motion died for lack of a second.
Action: To waive full reading and adopt Ordinance No. 14-1346.
Motion Petty, second Tucker. The motion carried by the following vote:
AYES: Barragan, Petty, Tucker, Mayor DiVirgilio
NOES: Fangary
ABSENT: None
ABSTAIN: 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 11:07 p.m., the order of the agenda moved to item 8.
City Council Minutes
03-25-14 Page 13921
•
•
•
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT
UPDATE. Memorandum from Community Development Director Ken
Robertson dated March 19, 2014.
City Manager Bakaly said (1) Draft Environmental Impact Report consultants
participated in data sharing with E&B and other interested parties at a
technical meeting; (2) Cost Benefit Analysis consultants will soon have a
similar information -sharing meeting; (3) Council subcommittee met this week
to discuss development agreement negotiation strategy before meeting with
E&B; and (4) Health Impact Assessment consultants will present revisions
early next week, at which time the redlined changes will be posted to the
City's website. He and City Attorney Jenkins responded to Council questions.
Coming forward to address the Council on this item was:
Patti Sousa — Hermosa Beach, said negotiations should be public so that
residents can make an informed decision about the proposed project.
Proposed Action: To record/live-stream/televise the development agreement
negotiations between the Council subcommittee and E&B Natural Resources.
Motion Barragan, second Tucker. The motion was withdrawn on the advice
of the City Attorney because the issue had not been agendized.
Proposed Action: To agendize for discussion at the next Council meeting
the issue of whether or not to record/live-stream/televise the development
agreement negotiations between the Council subcommittee and E&B Natural
Resources.
Motion Barragan, second Tucker. The motion failed due to the dissenting
votes of Fangary, Petty and Mayor DiVirgilio.
Action: To receive and file the report.
Motion Fangary, second Petty. The motion carried by a unanimous vote.
b. CITYWIDE PAVEMENT MANAGEMENT REPORT. Memorandum from
Public Works Director Frank Senteno dated March 17, 2014.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
Peter Bucknam of Bucknam Associates gave a PowerPoint presentation on
the Citywide Pavement Management Report and responded to Council
questions.
No one came forward to address the Council on this item.
City Council Minutes
03-25-14 Page 13922
Action: To receive and file the report.
• Motion Tucker, second Fangary. The motion carried by a unanimous vote.
•
•
At 10:45 p.m., the order of the agenda moved to item 4.
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 ON THE EMERGENCY PREPAREDNESS ADVISORY
COMMISSION. Memorandum from City Clerk Elaine Doerfling dated March
17, 2014.
Action: To direct the City Clerk to immediately advertise and request
applications from interested parties for two Emergency Preparedness
Advisory Commission terms that will expire May 31, 2014.
Motion Tucker, second Fangary. The motion carried by a 4-1 vote, noting the
dissenting vote of Barragan.
9. OTHER MATTERS - CITY COUNCIL — None
a. Supplemental request by Councilmember Barragan to agendize a
preliminary discussion of enforcement of the 50-50 audits within the
next six weeks in preparation for the full discussion at the August
meeting.
Councilmember Barragan spoke to her request, garnering the support of
Councilmember Fangary.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Tuesday, March 25, 2014, at the hour of 11:25 p.m. to the
"Proposed E&B Oil Drilling & Production Project — Public Comment on Draft
Environmental Impact Report" (a Planning Commission Special Meeting) on
Wednesday, April 2, 2014, at the hour of 6:30 p.m.
Deputy City Clerk
City Council Minutes
03-25-14 Page 13923
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Wednesday, April 2, 2014, at the hour of
6:30 p.m.
The meeting was called to order at 6:30 p.m.
The Planning Commission's Special Meeting for "Public Comments on the Draft
Environmental Impact Report (EIR) on the Proposed E&B Oil Drilling and Production
Project" took place in the Hermosa Beach City Council Chambers.
The following members of the City Council were in attendance as observers only:
Present: Barragan, Fangary, Mayor DiVirgilio
Absent: Petty, Tucker
ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Wednesday, April 2, 2014, at the hour of 7:46 p.m. to the
Regular Meeting of April 8, 2014.
•
•
City Council Minutes 04-02-14 Page 13924
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held Tuesday, April 8, 2014, at the hour of 6:04 p.m.
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
2. APPROVAL OF MINUTES:
a. Closed Session meeting held on February 25, 2014.
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(d)(1)
a. Name of Case: Hitchcock v. City of Hermosa Beach, et al
United States District Court, Case No.: CV12 06570 GAF PLAx
b. Name of Case: Chaz Curtiss v. City of Hermosa Beach, et al
Los Angeles County Superior Court, Case No.: BC525796
ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, April 8, 2014, 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 7:07 p.m.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
• CLOSED SESSION REPORT — City Attorney Jenkins reported no public comments
received, no items added to the agenda and, noting that the Council gave direction
to the attorney handling the two cases on the agenda, no reportable actions taken.
City Council Minutes 04-08-14 Page 13925
. ANNOUNCEMENTS — Councilmember Fangary said (1) Redondo's presentation on
the AES power plant project had been rescheduled, along with Council discussion of
the project, to the April 22 meeting; (2) said the next Planning Commission meeting
for public comments on the E&B oil project Environmental Impact Report (EIR) will
be April 10, but comments may be made to the City up to April 14; and (3) a report
on the 4th of July public safety plans will be presented this evening.
•
Councilmember Barragan spoke of a conference she attended in Sacramento last
week about water well issues and a potential water bond.
Mayor pro tem Tucker spoke of the successful Surfers Walk of Fame induction
ceremony on April 5; and thanked the oil EIR consultants for their recent
presentation at a Los Angeles County Beach Commission meeting.
Mayor DiVirgilio (1) urged residents to conserve water and to take the online pledge
at www.mywaterpledge.com as part of the 4th annual Wyland Foundation's National
Mayor's Challenge for Water; (2) spoke of presenting a proclamation for "Sister City
Week," in recognition of Hermosa's 40 years as sister city to Loreto, Mexico (to be
delivered by local exchange students traveling there); (3) said he also presented a
certificate congratulating longtime residents Greg and Bette Coleman, celebrating
their 70th wedding anniversary today; and (4) spoke of attending the Clinton Global
Initiative forum on public infrastructure that took place April 3 in Los Angeles.
Action: To add to tonight's agenda (as the last item under Municipal Matters) a
request to draft a City letter asking for a continued extension on tax credits for
motion picture filming in California, based on the findings that the item came to the
City's attention after the agenda was posted, requires action before the next Council
meeting, and is not substantive to City business.
Motion: DiVirgilio, second Tucker. The motion carried by a unanimous vote.
PROCLAMATIONS/PRESENTATIONS
THE HERMOSA BEACH PARENTS AND PARENT
EDUCATION TEACHERS HONOR KATHLEEN WHITEHEAD
Mayor DiVirgilio presented a Certificate of Recognition to Kathleen Whitehead for
more than 60 years of teaching in the community, noting her achievements.
Ms. Whitehead thanked the Mayor, noted the great people with whom she has
worked for 62 years, and stressed the importance of good teachers.
PROCLAMATION OF "NATIONAL LIBRARY WEEK 2014"
Mayor DiVirgilio presented Community Library Manager Elmita Brown and new
Children's Librarian Regina Ochoa with the proclamation.
iMs. Brown thanked the Council for their support. Ms. Ochoa spoke of upcoming
events and described the Library's public resources.
City Council Minutes 04-08-14 Page 13926
•
•
GENERAL PLAN UPDATE
General Plan Presentation Material (added 4/8/14 at 6:34pm)
Matthew Burris, Raimi + Associates, gave a PowerPoint presentation, noting that
every California city is required to have a current General Plan and Hermosa's last
update was in 1979; said the General Plan contains 11 elements and is essentially
the City's "constitution" for development, adding that Hermosa's General Plan should
be adopted and ready for implementation in about two years; showed a schedule of
upcoming General Plan -related meetings and responded to Council questions.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Tom Morley- Redondo Beach, urged the Council to expand the scope of the
Cost Benefit Analysis (CBA) even if it costs the City more, since many
comments from the public were not addressed;
Sal Longo - Hermosa resident/Suzy's Bar & Grill owner, asked that the City's
moratorium on full -alcohol liquor licenses be lifted in the hill section;
Jack Tracy - Hermosa Beach, urged the Council to grant Suzy's Bar & Grill
an exception to the moratorium on liquor licenses, saying Mr. Longo's
business cannot prosper otherwise;
Isabella Bacallao - Hermosa Beach, spoke in opposition to the proposed oil
drilling project due to hazards to Hermosa's unique indigenous wildlife;
Jose Bacallao - Hermosa resident/Heal the Bay, spoke in opposition to the oil
drilling and production project, noting that Heal the Bay has determined
there are multiple risks for the entire Santa Monica Bay;
No name given - spoke of violent threats, bigotry and disinformation posted
online by some anti -oil residents;
Sheryl Main - Hermosa Beach, said she wants to make a balanced decision;
questioned the accuracy of the traffic impact study;
Craig Cadwallader - Surfrider Foundation South Bay Chapter, said he had
been accused by an E&B official of lying and presenting misleading
information at last week's Planning Commission meeting;
Jim Sullivan - Hermosa Beach, spoke in support of the decision to rescind
the Health Impact Assessment (HIA) and hoped the oil project will be
assessed by facts, saying the City needs the revenue; and
Mike Collins - Hermosa Beach, supported the decision to rescind the HIA;
said the EIR has at least 10 significant impacts unable to be mitigated,
and the Cost Benefit Analysis (CBA) disagrees with E&B's figures.
(a) Letter from Carter Kimble dated March 30, 2014 regarding Oil Drilling.
No one came forward to address the Council on this matter.
411 Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
City Council Minutes
04-08-14 Page 13927
• (b) Letter from Howard Lonqacre dated April 1, 2014 regarding deficient
and unusual public noticing and incomplete staff reports/materials.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (g)
with the exception of the following item, which was removed for discussion in
item 4, but is shown in order for clarity: 2(b) Barragan
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED
REGULAR MEETING OF THE CITY COUNCIL HELD JANUARY 4, 2014.
Action: To approve as presented the minutes of the City Council's Adjourned
Regular Meeting of January 4, 2014.
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND APPROVE
•
CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE
CITY TREASURER:
1) March 20, 2014 (Nos. 32021, 73412 through 73489 and 20140320);
2) March 26, 2014 (No. 73490); and
3) March 27, 2014 (Nos. 2963, 14327, 73491 through 73546), with approval
of the cancellation of check no. 73508).
This item was removed from the consent calendar by Councilmember
Barragan for separate discussion later in the meeting.
Action: To ratify the check registers as presented.
Motion Barragan, second Fangary. The motion carried by a unanimous vote.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 2014
FINANCIAL REPORTS:
1) Revenue and Expenditure Report;
2) Cash Balances Report; and
3) City Treasurer's Report.
City Council Minutes
04-08-14 Page 13928
•
•
•
Action: To receive and file the February 2014 Revenue and Expenditure
Report, the February 2014 Cash Balances Report, and the February 2014
City Treasurer's Report, as recommended.
(e) RECOMMENDATION TO APPROVE DONATION OF $1,000 TO MIRA
COSTA HIGH SCHOOL GRAD NIGHT 2014. Memorandum from City
Manager Tom Bakaly dated April 2, 2014.
Action: To approve the donation of $1,000 to Mira Costa Grad Night 2014,
as recommended by the City Manager.
(f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL
PARCEL MAP #70050 FOR A 2 -UNIT CONDOMINIUM PROJECT AT 1032
& 1034 6TH STREET (PREVIOUSLY 583 PROSPECT AVE). Memorandum
from Community Development Director Ken Robertson dated April 1, 2014.
(g)
Action: To adopt Resolution No. 14-6895, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
APPROVING FINAL PARCEL MAP NO. 70050, FOR THE SUBDIVISION
OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1032 AND 1034 6TH
STREET (PREVIOUSLY 583 PROSPECT AVENUE) IN THE CITY OF
HERMOSA BEACH, CALIFORNIA," as recommended by staff.
RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL
PARCEL MAP #72170 FOR A 3 -UNIT CONDOMINIUM PROJECT AT 533
11TH STREET. Memorandum from Community Development Director Ken
Robertson dated April 1, 2014.
Action: To adopt Resolution No. 14-6896, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
APPROVING FINAL PARCEL MAP NO. 72170, FOR THE SUBDIVISION
OF A THREE -UNIT CONDOMINIUM, LOCATED AT 533 11TH STREET IN
THE CITY OF HERMOSA BEACH, CALIFORNIA," as recommended by
staff.
3. CONSENT ORDINANCES — None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Item 2(b) 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
City Council Minutes 04-08-14 Page 13929
•
•
6. MUNICIPAL MATTERS
a. UPDATE ON E&B's PROPOSED OIL DRILLING AND PRODUCTION
PROJECT. Memorandum from Community Development Director Ken
Robertson dated April 2, 2014. Supplemental email from Mary McDaniel of
McDaniel Lambert, Inc. received April 5, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Tom Morley — said the City should not correct errors on either side of the
issue; questioned the Planning Commission's role in the process (City
Manager Bakaly spoke of the Commission's involvement); and
Barbara Ellman — Hermosa Beach, said the City is obligated to ensure the
accuracy of E&B's newspaper publications; said residents should be
allowed to question E&B in a public forum.
Action: To approve the recommendation of the City Manager to hire an
experienced oil and gas attorney to assist with the Development Agreement
negotiation, authorizing up to $20,000.
Motion Barragan, second Fangary. The motion carried by a unanimous vote.
Further Action: To receive and file the update on E&B's Proposed Oil
Drilling and Production Project.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
At 9:35 p.m., the meeting recessed.
At 9:45 p.m., the meeting reconvened.
b. UPDATE ON PROPOSED TERMS FOR USE OF CITY PROPERTY FOR
DEVELOPMENT OF TRANS -PACIFIC FIBER-OPTIC CABLE SYSTEMS.
Memorandum from Community Development Director Ken Robertson dated
April 2, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly also responded to
Council questions.
Coming forward to address the Council on this item were:
Chris Brungardt — Ram Telecom International (RTI), Inc., came forward to
respond to Council questions; and
Craig Cadwallader — Surfrider Foundation, expressed concern about potential
limitations to beach access/usage and disruption to the ocean bottom.
Action: To affirm in principle the proposed terms for an easement to use City
property for development of Trans -Pacific Fiber -Optic Cable Systems, and
City Council Minutes 04-08-14 Page 13930
•
•
•
direct staff to return on April 22, 2014 with appropriate documents to allow
RAM Telecom International, Inc. (RTI) to proceed with the application
process, provided that the terms do not include any easement of City property
for the 20x20 -foot structures unless clearly authorized by the Council.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
c. FIRST AMENDMENT TO RESTATED SUMMER BEACH CONCERT
SERIES PRODUCER AGREEMENT BETWEEN THE CITY OF HERMOSA
BEACH AND PHILIA GROUP LLC dba SAINT ROCKE. Memorandum from
Assistant to the City Manager Diane Strickfaden dated April 8, 2014.
Supplemental letter from Howard Longacre received April 7, 2014.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Sheryl Main — Hermosa Beach, questioned the transparency of the process
between Fin Fest and Philia Group;
Craig Cadwallader — Surfrider Foundation, spoke in support of the Summer
Concerts; said something should be done to accommodate more
parking during high usage times; and
Allen Sanford _ applicant, spoke of community support for the concerts and
group meetings he has held with residents; said Discovery Channel is
one of the larger concert sponsors; responded to Council questions.
Action: To approve the attached First Amendment to the Restated Summer
Beach Concert Series Producer Agreement Between City of Hermosa Beach
and Philia Group LLC dba Saint Rocke, as recommended by staff.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
d. POLICE DEPARTMENT PLANNING PROCESS FOR JULY 4, 2014.
Memorandum from Police Chief Sharon Papa dated April 1, 2014.
Police Chief Papa presented the staff report and responded to Council
questions. City Manager Bakaly also responded to Council questions.
No one came forward to address the Council on this item.
Action: To receive and file the report.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
e. ADOPTION OF 2014-2019-2029 STRATEGIC PLAN AND CODE OF
CONDUCT. Memorandum from City Manager Tom Bakaly date April 2, 2014.
Supplemental email from Fred Huebscher received April 5, 2014.
Supplemental letter from Fred Huebscher received April 7, 2014.
City Council Minutes 04-08-14 Page 13931
City Manager Bakaly presented the staff report and responded to Council
• questions. City Attorney Jenkins also responded to Council questions.
•
No one came forward to address the Council on this item.
Proposed Action: To allow for two Councilmembers to determine the
placement on a future Council agenda for initial, first-time discussion with a
brief staff report and the opportunity for the Council to give direction. ("First-
time" represents items not previously discussed by the current Council.)
Motion DiVirgilio, second Petty. The motion was replaced by the following
subsequent motion.
Action: To receive and file the 2013 Performance Report; adopt the
Hermosa Beach 2014-2019-2029 Strategic Plan; and discuss, revise as
necessary, and adopt the House Rules: Code of Conduct and Civility and
Operating Guidelines, with the amendment to the Code of Conduct to read as
follows: To allow for two Councilmembers to determine the placement on a
future Council agenda for initial, first-time discussion with a brief staff report
and the opportunity for the Council to give direction. ("First-time" represents
items not previously discussed by the current Council.)
Motion Petty, second Tucker. The motion carried by a unanimous vote.
f. SUPPORT OF AB1839 CONTINUING THE EXTENSION OF TAX CREDITS
FOR FILMING IN CALIFORNIA.
Motion: To direct staff to prepare a letter in support of AB1839, which would
continue the extension of current State tax credits for motion picture filming in
California.
Motion DiVirgilio, second Fangary. The motion carried, noting the abstention
of Barragan.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. UPDATE ON CIVIC ISSUES/COMPLAINT TRACKING. Memorandum from
Management Analyst Nico De Anda-Scaia dated April 8, 2014.
Management Analyst De Anda-Scaia presented the staff report and
responded to Council questions.
No one came forward to address the Council on this item.
Action: To receive and file the update.
Motion Tucker, second Fangary. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
City Council Minutes 04-08-14 Page 13932
•
i
a. VACANCIES — BOARDS AND COMMISSIONS CIVIL SERVICE BOARD
TERM EXPIRATION ON JULY 15, 2014 AND UNEXPIRED TERM ENDING
JULY 15, 2015. Memorandum from City Clerk Elaine Doerfling dated April 2,
2014.
City Clerk Doerrling presented the report and responded to Council questions.
Action: To direct the City Clerk to advertise and request applications from
interested parties for a Civil Service Board term that will expire July 15, 2014,
and for an unexpired Civil Service Board term ending July 15, 2015.
Motion Fangary, second Petty. The motion carried, noting the dissenting vote
of Barragan.
9. OTHER MATTERS - CITY COUNCIL
a. Supplemental request from Councilmember Petty to agendize a joint
study session (or series of workshops) on a Saturday, with the Planning
Commission, regarding the final environmental impact report (EIR) on
the proposed E&B oil drilling/production project.
Councilmember Petty spoke to her request. City Attorney Jenkins responded
to Council questions.
Action: To agendize a discussion on conducting a joint City Council/Planning
Commission study session (or series of workshops) on a Saturday regarding
the final oil project EIR.
Motion Petty, supported by Barragan and DiVirgilio.
b. Supplemental request from Councilmember Petty to agendize further
discussion of the Cost Benefit Analysis (CBA), with a presentation by
the consultant, Kosmont Companies.
Councilmember Petty spoke to her request.
Action: To agendize further discussion of the CBA with a presentation by the
consultant, Kosmont Companies.
Motion Petty, supported by DiVirgilio and Tucker.
c. Supplemental request from Councilmember Barragan to agendize a
discussion on directing the consultant to do a redline version of the
Health Impact Analysis, referencing new information, including the
source (e.q., resident, public entity, company, etc.).
Councilmember Barragan spoke to her request.
Action: To direct staff to return with a recommendation outlining direction for
the consultant to prepare a redline version of the revised HIA, referencing all
City Council Minutes 04-08-14 Page 13933
•
•
new information that was the basis for the changes, including the source
(e.g., resident, public entity, company, etc.).
Motion Barragan, supported by Tucker and Fangary.
d. Supplemental request from Councilmember Fangary to agendize a
discussion on retaining another consultant to perform a peer review of
the revised Health Impact Assessment (HIA) after its completion.
Councilmember Fangary spoke to his request.
Proposed Action: To agendize a Council discussion on having another
consultant perform a peer review of the revised HIA after its completion.
Motion Fangary, supported by Barragan. The motion failed to garner the
support of a third Councilmember.
e. Supplemental request from Councilmember Fangary to agendize at the
April 22 meeting discussion of current or adopted City policy regarding
the fact -checking of information related to the oil project, and taking
action(s) related to those facts.
Councilmember Fangary spoke to his request.
Proposed Action: To agendize for the April 22 meeting discussion of
developing a City policy for fact -checking information relating to the oil project
and taking action(s) when information cannot be verified as factual.
Motion Fangary, supported by Barragan. The motion failed to garner the
support of a third Councilmember.
f. Supplemental request from Councilmember Fangary to agendize at the
April 22 meeting an evaluation of issues raised by residents regarding
the Cost Benefit Analysis (CBA), and giving staff direction regarding
modifications to the CBA.
Councilmember Fangary spoke to his request.
Action: To agendize for the April 22 meeting an evaluation of issues raised
by residents regarding the Cost Benefit Analysis (CBA) and giving staff
direction regarding modifications to the CBA.
Motion Fangary, supported by Barragan and DiVirgilio.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, April 9, 2014, at the hour of 12:26 a.m. to the
General Plan Educational Series 1 on Monday, April 14, 2014, at 7:00 p.m.
Deputy City Clerk
City Council Minutes 04-08-14 Page 13934
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
•
the City of Hermosa Beach, California, held on Monday, April 14, 2014, at the hour of
7:00 p.m.
•
•
The meeting was called to order at 7:00 p.m.
The General Plan Kick -Off — Educational Series 1: Climate Change and Sustainability
session took place in the Hermosa Beach City Council Chambers.
The following members of the City Council were in attendance as observers only:
Present: Barragan, Fangary
Absent: Petty, Tucker, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Monday, April 14, 2014, at the
hour of 7:01 p.m. to an Adjourned Regular Meeting on April 8, 2014 at 7:00 p.m.
City Council Minutes
04-14-14 Page 13935
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
• the City of Hermosa Beach, California, held on Monday, April 21, 2014, at the hour of
7:00 p.m.
The meeting was called to order at 7:00 p.m.
The General Plan Kick -Off — Educational Series 2: Economics and Land Use session
took place in the Hermosa Beach City Council Chambers.
The following member of the City Council was in attendance as an observer only:
Present: Fangary
Absent: Barragan, Petty, Tucker, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Monday, April 21, 2014, at the
hour of 7:01 p.m. to the Regular Meeting of April 22, 2014, starting with a study session
at 6:00 p.m. on the Downtown Core Revitalization Strategy Implementation.
•
City Clerk
•
City Council Minutes
04-21-14 Page 13936
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
•
Hermosa Beach, California, held Tuesday, April 22, 2014, at the hour of 6:05 p.m.
•
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
1. PUBLIC COMMENT:
Coming forward to address the Council on the Study Session item were:
Lori Ford — Hermosa Beach resident/Gum Tree owner, supported downtown
revitalization; urged creative parking solutions that do not take away
from the aesthetics of the beachfront; and
Barbara Guild — Hermosa Beach, opposed construction of another parking
structure, the increase of building height limits, and the closure of any
portion of Beach Drive, which she said would create traffic hazards.
2. DOWNTOWN CORE REVITALIZATION STRATEGY IMPLEMENTATION.
Memorandum from Community Development Director Ken Robertson dated
April 16, 2014. Supplemental letter from Howard Longacre dated April 18,
2014.
Community Development Director Robertson said this was a continuation of
the presentation given at a recent workshop, with the goal tonight of receiving
policy direction; he then invited the consultant forward.
Boris Dramov, Roma Design Group, gave a PowerPoint presentation detailing
the background and the steps recommended for moving forward, with several
opportunities for public comment; noted proposed parking and landscaping
improvements to Hermosa Avenue, with the goal of making the downtown
core more family friendly. He, Community Development Director Robertson
and City Manager Bakaly then responded to Council questions.
Council comments included the following topics:
➢ Noticing to residents about specific features;
➢ A more bicycle friendly atmosphere;
➢ Consideration of removal of parking meters;
➢ Consideration of a water feature;
➢ Seating opportunities for both everyday use and special events;
➢ Unique creative structure/sculpture at the end of the Pier;
➢ Parking structure options;
➢ Contemplation of a work session about parking citywide; and
➢ Walkable streets.
At 7:08 p.m., the meeting recessed.
At 7:22 p.m., the meeting reconvened.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
City Council Minutes 04-22-14 Page 13937
• ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Mayor DiVirgilio invited forward Police Chief Papa to provide
an update on last week's allegation of a sexual assault at Valley Park. Chief Papa
explained that the juvenile eventually admitted to fabricating the assault, but said a
similar case in Manhattan Beach remains active. She outlined steps the City has
taken to prevent such incidents and steps that parents should take to safeguard their
children, with a reminder to always accompany them into public restrooms.
Councilmember Fangary said he had to leave tonight's meeting at 10 p.m. due to
vacation plans; announced that the next General Plan session (Transportation and
Public Health) would take place at 7 p.m., April 30, in the City Council Chambers.
Councilmember Barragan acknowledged Mira Costa High School Chemistry teacher
Teresa Nielsen for allowing her to do a classroom presentation about the proposed
oil drilling/production project; spoke of her code enforcement ride -along last Friday
evening, noting a report she submitted as a supplemental for item 6c.
• Mayor pro tem Tucker noted efforts to keep our ocean clean; acknowledged Public
Works Director Senteno and staff for their work on the trash compactor downtown.
Mayor DiVirgilio spoke of the certificate that the City received from Wyland Mayors'
Challenge for Water Conservation, noting it is not about winning but rather about
individuals taking measures to reduce water consumption; announced the annual
State of the City address (sponsored by the Hermosa Chamber of Commerce) to be
held at 6 p.m., Thursday, May 1, at the Beach House.
PROCLAMATIONS/PRESENTATIONS
PROCLAMATION OF "CHILD ABUSE PREVENTION MONTH"
Mayor DiVirgilio presented to Allison Tanaka, Richstone Family Center Development
Director, a certificate proclaiming April as National Child Abuse Prevention Month.
Ms. Tanaka announced the Richstone Pier -to -Pier fundraising walk on Saturday,
April 26, noting that the annual event, in its 27th year, begins at 8 a.m. in Manhattan
Beach and that advanced registration may be done online at www.richstonewalk.org.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
• Coming forward to address the Council at this time were:
City Council Minutes
04-22-14 Page 13938
•
•
Andrea Giancoli — Hermosa resident, Beach Cities Health District/Blue Zones
Project, spoke of the City's success in promoting healthier lifestyles;
announced a Living Streets Leadership Forum at 6:30 p.m., Thursday,
May 15; urged participation in "Get Active Week" May 11- 17;
Giovanni Douresseau — Beach Cities Health District/Blue Zones Project,
spoke of their Free Fitness Series, including Boot Camp at Valley Park,
August 4-25; encouraged registration online at bchd.org/freefitness;
Isabella Bacallao — Hermosa Beach, spoke in opposition to the oil project,
citing health and environmental concerns;
Steven Newton — Hermosa Beach, said as a community service project to
become an Eagle Scout, he hoped to facilitate the installation of a
crosswalk and stairs by Hermosa View School, citing hazards created
by jaywalkers; submitted as an example a photograph of stairs in
Manhattan Beach (City Manager Bakaly said he was working on this
with Public Works Superintendent Ells Freeman);
Jim Sullivan — Hermosa Beach, questioned the open opposition to the oil
project by a councilmember while the City remains neutral; urged the
challenge of statements made regarding the Cost Benefit Analysis;
George Barks — Hermosa property owner/Redondo resident, announced the
11th annual Tri -Beach Sister Cities' fundraiser on Sunday, May 18, at
Ortega 120; urged the Council to move forward with its Strategic Plan;
Allan Mason — Hermosa Beach, sang a protest song (while accompanying
himself on guitar) in opposition to the oil drilling and production project;
Stacey Armato — Hermosa Beach, spoke of a document submitted by the
South Coast Air Quality Management District after the deadline for EIR
comments citing a potential for significant impacts including odors and
recommending a contingency plan to ensure that enforcement of such
nuisances would be the City's responsibility;
Dr. Woodrow Clark — Beverly Hills, encouraged Hermosa to become a
Sustainable City alongside Beverly Hills; and
Lauren Pizer Mains — said the City Council of Beverly Hills is voting tonight on
whether to renew a ban on oil drilling, as many other cities have done.
(a) Letter from Lana Leslie dated April 8, 2014 in regard to not supporting
the Strategic Plan.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(b) Letter from John Bell dated April 14, 2014 in regard to not supporting
the adoption of the Strategic Plan.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
City Council Minutes 04-22-14 Page 13939
• (c) Letter from Dan Titus dated April 14, 2014 regarding Sustainable
Development and Sustainability.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(d) Letter from Woodrow Clark II dated April 17, 2014 regarding the Draft
Cost/Benefit Report.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(e) Supplemental letter from Marlowe Kepner dated April 17, 2014 in regard
to not supporting the adoption of the Strategic Plan.
No one came forward to address the Council on this item.
Action: To receive and file the letter.
• Motion Tucker, second Petty. The motion carried by a unanimous vote.
2. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k)
with the exception of the following items, which were removed for discussion
in item 4, but are shown in order for clarity: 2(d) and (k), Barragan.
Motion Petty, second Tucker. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
CITY CLERK ELAINE DOERFLING REGARDING THE MINUTES OF THE
REGULAR MEETINGS OF THE CITY COUNCIL FOR THE MONTHS OF
JANUARY 2014, FEBRUARY 2014, AND MARCH 2014.
Action: To receive and file the memorandum from City Clerk Doerfling
regarding the minutes of the Regular Meetings of the City Council for the
months of January 2014, February 2014, and March 2014.
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO
APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED
BY THE CITY TREASURER.
• 1) March 31, 2014 (No. 73547);
City Council Minutes
04-22-14 Page 13940
•
2) April 3, 2014 (Nos. 14403, 73548 through 73603, 81136, 84540, 84686,
86104, 86182, 201404, 460885, 464249, 464411, 464908, 465807,
465905 and 823645); and
3) April 10, 2014 (Nos. 14410 and 73604 through 73656, and to approve the
cancellation of check nos. 73518, 73521 and 73616).
Action: To ratify the check registers as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM
FINANCE DIRECTOR VIKI COPELAND AND CITY TREASURER KAREN
NOWICKI REGARDING REVENUE AND EXPENDITURE REPORTS, THE
CITY TREASURER'S REPORT, AND THE CASH BALANCE REPORT FOR
MARCH 2014.
This item was removed by Councilmember Barragan for separate discussion
later in the meeting.
Action: To receive and file the memorandum from Finance Director
Copeland and City Treasurer Nowicki regarding the March 2014 Revenue
and Expenditure Reports, City Treasurer's Report, and Cash Balance Report.
Motion Barragan, second Tucker. The motion carried, noting the absence of
Fangary.
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION MEETING OF APRIL 1, 2014.
(f)
(g)
Action: To approve as presented the minutes of the Parks, Recreation and
Community Resources Advisory Commission Meeting of April 1, 2014.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PUBLIC WORKS COMMISSION MEETING OF MARCH 19, 2014.
Action: To approve as presented the minutes of Public Works Commission
Meeting of March 19, 2014.
RECOMMENDATION TO AWARD CONSTRUCTION SERVICES FOR
BEACH RESTROOM DOORS REPLACEMENT PROJECT TO
MONTGOMERY HARDWARE CO. IN THE AMOUNT OF $19,247.49; 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 Assistant Engineer Victor Chavez dated April 10, 2014.
City Council Minutes 04-22-14 Page 13941
•
•
•
Action: To approve the staff recommendation to:
1) Award Construction Services for Beach Restroom Doors Replacement
Project to Montgomery Hardware Co. in the amount of $19,247.49; and
2) Authorize the Director of Public Works to issue the appropriate purchase
documents and to approve changes not to exceed 10% contingency of the
bid proposal.
(h) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR
CIP NO. 13-401 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS TO
VASILJ INC. OF THE CITY OF IRWINDALE, CALIFORNIA IN THE
AMOUNT OF $316,050; AUTHORIZE THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST SUBJECT TO APPROVAL BY THE CITY
ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE
CHANGES AS NECESSARY WITHIN THE PROJECT BUDGET; AND
ADOPT THE ATTACHED RESOLUTION ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA~
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF
CIP NO. 13-401 SEWER IMPROVEMENTS — VARIOUS LOCATIONS
PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT." Memorandum from
Assistant Engineer Victor Chavez dated April 10, 2014. Supplemental
memorandum from Director of Public Works Senteno received April 22, 2014.
Revised street segment list and map from Director of Public Works Senteno
received April 22, 2014.
(i)
Action: To approve the staff recommendation to:
1) Award the Construction Contract for CIP No. 13-401 Sewer Improvements
at Various Locations to Vasilj Inc. of Irwindale, California in the amount of
$316,0500;
2) Authorize the Mayor to execute and the City Clerk to attest subject to
approval by the City Attorney;
3) Authorize the Director of Public Works to make changes as necessary
within the project budget; and
4) Adopt Resolution No. 14-6897, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP NO. 13-401 SEWER IMPROVEMENTS — VARIOUS LOCATIONS
PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT."
RECOMMENDATION TO AWARD CONSTRUCTION SERVICES TO ALAN
PRE -FAB BUILDING CORP. TO PROVIDE CONSTRUCTION SERVICES
FOR CIP NO. 13-619 POLICE FACILITIES IMPROVEMENTS PROJECT IN
THE AMOUNT OF $29,500.00; AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AND
TO APPROVE CHANGES NOT TO EXCEED 10% CONTINGENCY OF THE
City Council Minutes
04-22-14 Page 13942
BID PROPOSAL. Memorandum from Assistant Engineer Victor Chavez
•
dated April 10, 2014.
(i)
Action: To approve the staff recommendation to:
1) Award Construction Services to Alan Pre -Fab Building Corp. to provide
Construction Services for CIP No. 13-619 Police Facilities Improvements
Project in the amount of $29,500.00; and
2) Authorize the Director of Public Works to issue the appropriate purchase
documents and to approve changes not to exceed 10% contingency of the
bid proposal.
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
April 8, 2014.
Action: To receive and file the report giving the status of capital
improvements projects that are either under design or construction as of
March 31, 2014.
(k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF APRIL 15, 2014.
This item was removed by Councilmember Barragan for separate discussion
IIlater in the meeting.
•
Action: To approve as presented the minutes of the Planning Commission
Meeting of April 15, 2014.
Motion Barragan, second Tucker. The motion carried, noting the absence of
Fangary.
At 9:00 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
Items 2(d) and (k) were heard at this time but are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
(a) E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT:
STAFF WILL PROVIDE A STATUS REPORT AND CITY COUNCIL MAY
City Council Minutes 04-22-14 Page 13943
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DISCUSS AND ACT ON (1) SCHEDULING STUDY SESSION ON DRAFT
ENVIRONMENTAL IMPACT REPORT (EIR), (2) SCHEDULING STUDY
SESSION ON COST BENEFIT ANALYSIS (CBA), AND (3) DETERMINING
THE MANNER IN WHICH TO ADDRESS COMMUNITY CONCERNS
RELATIVE TO THE COST BENEFIT ANALYSIS. Memorandum from
Community Development Director Ken Robertson dated April 12, 2014.
Supplemental letter (revised written communication) from Woodrow Clark II
and Daniel Wolf dated April 17, 2014. Supplemental email from Tom Morley
received April 21, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
Coming forward to address the Council on this item were:
Dr. Woodrow Clark — Beverly Hills, said the CBA consultants presented some
information that was out-of-date/no longer accurate; urged the Council
to require a peer review and obtain additional data from agencies;
Daniel Wolf — San Diego, spoke of methodological issues in the CBA; urged
the Council to be rigorous;
Barbara Guild — Hermosa Beach, said the expense to have the CBA modified
should be of no concern; questioned some CBA findings, including the
City's expected revenue from the project;
Jose Bacallao — Hermosa Beach, asked the City to explain that the Health
Impact Assessment has been revised using the most accurate science
and most current data so citizens can make an informed decision; and
Tom Morley — Redondo Beach, cited information (a State Lands Commission
report commissioned by Hermosa several years ago about a potential
Redondo Beach oilfields project), which had not been made available
to the CBA consultant; responded to Council questions.
Action: To direct staff to:
1) Schedule a joint City Council/Planning Commission study session on the
Draft EIR for 9 a.m. — 5 p.m., Saturday, March 10, contingent upon the
EIR consultant's schedule, with a follow-up meeting (date TBD) at which
the EIR consultant will give a presentation to the Council;
2) Schedule a Council meeting at 6 p.m., Monday, May 5, for a presentation
(with public input) by the Cost Benefit Analysis consultant; and
3) Schedule a Council meeting (possibly on May 27) for the Health Impact
Assessment consultant to discuss the document's progress and timeline.
Motion Fangary, second Tucker. The motion carried by a unanimous vote.
Further Action: To receive the Status Report.
Motion Barragan, second Fangary. The motion carried by a unanimous vote.
(b) SPECIAL EVENT APPLICATION FOR DISCOVERY CHANNEL'S FIN
FEST. Memorandum from Assistant to the City Manager Diane Strickfaden
dated April 22, 2014. Supplemental memorandum from Assistant to City
City Council Minutes 04-22-14 Page 13944
•
Manager Strickfaden received April 22, 2014. Supplemental map received
from Assistant to the City Manager Strickfaden received April 21, 2014.
Supplemental letter from Howard Longacre received April 22, 2014.
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
Jake Pike, Highline Sports & Entertainment Executive Producer, presented
logistical information about the event, including the organizer's use of Parking
Lot B; responded to Council questions, including those about advertising.
Allen Sanford, Hermosa Beach Summer Concert Series Executive Producer,
responded to Council questions regarding parking options.
Councilmember Fangary disclosed his attendance at the Parks/Recreation
Commission meeting of April 1, when the event was discussed.
Coming forward to address the Council on this item were:
Anne Sullivan — Hermosa Beach, said such events benefit the downtown
restaurants/bars but are an imposition to residents, making parking
difficult; suggested they take place at Valley Park instead; and
Harold Cohen — Hermosa resident/business owner, said events planned by
well-meaning entrepreneurs are not always a positive as they take up
parking spaces, impacting both residents and businesses; suggested
moving the event to October, November or December instead.
Action: To approve the special event application for Discovery Channel's Fin
Fest event, as recommended by the Parks and Recreation Commission,
contingent on the subsequent presentation of a parking plan and the limitation
of use to Parking Lot A.
Motion Petty, second DiVirgilio. The motion carried by a unanimous vote.
At 10:05 p.m., the meeting recessed.
At 10:22 p.m., the meeting reconvened, with Councilmember Fangary absent.
(c) PROGRESS REPORT ON CONDITIONAL USE PERMIT ENFORCEMENT
AND UPDATE ON IMPLEMENTATION OF "LATE NIGHT ACTION PLAN."
Memorandum from Community Development Director Ken Robertson and
Police Chief Sharon Papa dated April 12, 2014. Supplemental email from
Ron Newman received April 19, 2014. Supplemental report from
Councilmember Barragan received April 21, 2014.
Proposed Action: To continue this item to the next meeting to allow for the
participation by Councilmember Fangary.
Motion Barragan. The motion died for lack of a second. (Fangary absent)
City Council Minutes
04-22-14 Page 13945
Community Development Director Robertson and Police Chief Papa
presented the staff report and responded to Council questions. City Manager
Bakaly and Fire Marshal James Crawford responded to Council questions.
Coming forward to address the Council on this item were:
Anne Sullivan - Hermosa Beach, spoke of Pier Plaza restaurant and bar
conditional use permit violations and the shortage of City enforcement
personnel; said the is at fault for the mess downtown;
Dave Lowe - Hermosa resident/Establishment owner/Restaurant and Tavern
Association president; said things are better now with business owners
working together; cited recent Pier Plaza improvements, including the
installation of flood lights that come on at 1 a.m. to move people along;
Sandy Saemann - Hermosa Beach, suggested adding the over -serving of
alcohol to the code enforcement list, as it results in drunk drivers;
Andrea Jacobsson - Hermosa Beach, said the "50/50 Rule" does not take
into account that people now often spend more on alcoholic beverages
while eating lighter; and
George Barks - Hermosa property owner/Redondo resident, urged mitigating
Hermosa's image as a party city; spoke of many improvements as a
result of the collaboration between the City and business owners.
Shelli Margolin -Mayer, Hermosa's Economic Development Officer, responded
to Council questions, adding that she is working closely with the Restaurant
and Tavern Association to find win-win solutions.
Action: To affirm that staff is providing the appropriate service level and
priority to code enforcement.
Motion Petty, second Tucker. The motion carried, noting the absence of
Fangary.
(d) ENFORCEMENT OF FOOD -TO -ALCOHOL SALES RATIO ("50/50 RULE")
PERTAINING TO RESTAURANTS WITH ON -SALE ALCOHOL:
PRELIMINARY DISCUSSION. Memorandum from Community Development
Director Ken Robertson and Police Chief Sharon Papa dated April 12, 2014.
Supplemental letter from Sandy Saemann received April 21, 2014.
Proposed Action: To continue this item to the next meeting to allow for the
participation of Councilmember Fangary.
Motion Barragan, second Tucker. The motion failed due to the dissenting
votes of Petty and Mayor DiVirgilio. (Fangary absent)
Community Development Director Robertson presented the staff report and
responded to Council questions. City Attorney Jenkins also responded to
Council questions.
Coming forward to address the Council on this item were:
Dave Lowe - Hermosa resident/Establishment owner/Restaurant and Tavern
Association president, read and submitted his letter of response to the
City Council Minutes 04-22-14 Page 13946
•
•
City regarding his noncompliance with the "50/50 Rule," noting the
difficulties of meeting the ratio, particularly for high-end establishments
that offer martinis and expensive bottles of wine;
Greg Newman — Hermosa resident/Palmilla owner, said Alcoholic Beverage
Control (ABC) does not audit for "50/50 Rule" compliance unless there
are other problems; said he barely hits the 50/50 mark since drinks are
pricier now and people split an appetizer; said the rule is outdated;
Seth Weiss — echoed the concerns of the previous speakers, adding that
enforcement of the "50/50 Rule" appears vindictive and superfluous
and not a legitimate reason for shutting a business down; urged the
Council to remove the rule from the City Code;
Sandy Saemann — Hermosa Beach, said public noticing on this item was
inadequate; said the "50/50 Rule" is a great tool to keep alcohol sales
in check and maintain bona fide restaurants rather than unrestricted
bars; said a true restaurant could easily meet the requirements; and
George Barks — Hermosa property owner/Redondo resident, said the rule is
an impossible requirement to meet and should be removed from the
City Code; said tough enforcement will mean boarded -up businesses.
Proposed Action: To direct staff and the Planning Commission to review
and propose changes to City policies related to food -to -alcohol sales ratios so
that policies and practices are consistent.
Motion Mayor DiVirgilio. The motion died for lack of a second. (Fangary
absent)
Proposed Action: To hold a joint meeting with the Planning Commission to
obtain input regarding enforcement of the "50/5 Rule."
Motion Barragan, second Tucker. The motion failed, due to the dissenting
votes of Petty and Mayor DiVirgilio, and noting the absence of Fangary.
Proposed Action: To direct staff to consider whether issuance of an
administrative citation to the Establishment is warranted due to CUP
noncompliance and to take other actions as are deemed appropriate.
Motion Barragan. The motion died for lack of a second. (Fangary absent)
Action: To receive and file the report.
Motion Mayor DiVirgilio, second Petty. The motion carried by a unanimous
vote, noting the absence of Fangary.
Further Action: To discuss at a future meeting enforcement of the food -to -
alcohol sales ratio ("50/50 Rule") pertaining to restaurants with on -sale
alcohol and provide direction as appropriate.
Motion DiVirgilio, second Petty. The motion carried by a unanimous vote,
noting the absence of Fangary.
• (e) MEMORANDUM OF UNDERSTANDING (MOU) FOR USE OF CITY
PROPERTY FOR DEVELOPMENT OF TRANS -PACIFIC FIBER-OPTIC
City Council Minutes 04-22-14 Page 13947
CABLE SYSTEMS. Memorandum from Community Development Director
• Ken Robertson dated April 14, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions.
No one came forward to address the Council on this item.
(f)
Action: To approve the attached MOU with RAM Telecom International, Inc.
(RTI) setting forth a mutual understanding regarding the basic terms of an
offer for a potential easement for use of City property that will be necessary
for the development of Trans -Pacific Fiber -Optic Cable Systems, as
recommended by staff.
Motion Petty, second Tucker. The motion carried by a unanimous vote,
noting the absence of Fangary.
MEMORANDUM FROM PUBLIC WORKS DIRECTOR FRANK SENTENO
REGARDING NOTIFICATION THAT THE CONCEPTUAL PLAN FOR THE
PCH/AVIATION BEAUTIFICATION PROJECT HAS BEEN RESCHEDULED
TO BE DISCUSSED AT A STUDY SESSION ON MAY 13, 2014 AT 6:00PM
AND WILL APPEAR ON THE COUNCIL MEETING AGENDA LATER THAT
EVENING AS A MUNICIPAL MATTER. Memorandum from Public Works
Director Senteno dated April 17, 2014.
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 receive and file Director Senteno's memorandum regarding the
rescheduling of the PCH/Aviation Beautification Project's Conceptual Plan
(which had been publicly noticed for tonight's meeting) to a Study Session at
6 p.m., May 13, 2014, with the item also appearing later that evening as a
Municipal Matter on the Council's regular meeting agenda.
Motion Tucker, second Petty. The motion carried by a unanimous vote,
noting the absence of Fangary.
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, 2016.
Memorandum from City Clerk Elaine Doerfling dated April 15, 2014.
Deputy City Clerk Linda Abbott presented the staff report and responded to
Council questions.
City Council Minutes 04-22-14 Page 13948
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Action: To appoint without interview Justin Schnuelle, the sole applicant, to
fill a special vacancy on the Public Works Commission for an unexpired term
ending October 31, 2016.
Motion Barragan, second Tucker. The motion carried unanimously, noting the
absence of Fangary.
At 12:39 a.m., the order of the agenda moved to item 4.
9. OTHER MATTERS - CITY COUNCIL – None
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, April 23, 2014, at the hour of 12:45 a.m. to an
Adjourned Regular Meeting for the General Plan Kick -Off Educational Series 3 —
Transportation and Public Health, at 7 p.m., Wednesday, April 30, 2014.
Deputy City Clerk
City Council Minutes
04-22-14 Page 13949
•
•
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
the City of Hermosa Beach, California, held on Wednesday, April 30, 2014, at the hour
of 7:00 p.m.
The meeting was called to order at 7:00 p.m.
The General Plan Kick -Off — Educational Series 3: Transportation and Public Health
took place in the Hermosa Beach City Council Chambers.
The following members of the City Council were in attendance as observers only:
Present: Fangary, Petty
Absent: Barragan, Tucker, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Wednesday, April 30, 2014, at
the hour of 7:01 p.m. to an Adjourned Regular Meeting to take place at 6:00 p.m.,
Monday, May 5, 2014 in Council Chambers.
City Council Minutes 04-30-14 Page 13950
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
•
the City of Hermosa Beach, California, held on Monday, May 5, 2014, at the hour of
6:05 p.m.
•
•
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
ROLL CALL:
Present: **Barragan (see below), Fangary, Petty, Mayor DiVirgilio
Absent: Tucker (arrived 6:21 p.m.)
**Councilmember Barragan Teleconference Location:
1221 Massachusetts Ave. #605 NW
Washington, DC 20005
1. STUDY SESSION ON COST BENEFIT ANALYSIS PREPARED IN
CONNECTION WITH E&B'S PROPOSED OIL DRILLING AND PRODUCTION
PROJECT
City Manager Bakaly said the City hired outside consultants to conduct the cost
benefit analysis to ensure an objective review of economic factors.
OVERVIEW BY CONSULTANT
Larry Kosmont, president and CEO of Kosmont Companies, provided an
overview and conducted a slide presentation outlining the content of the draft
document, noting the time lines, milestones, and the interpretation of legal
documents pertaining to the project, including the oil lease and settlement
agreement. He then responded to Council questions.
DISCUSSION OF MAJOR SUBJECT AREAS:
(a)
OIL AND GAS VOLUMES — CONSULTANT SUMMARY; COUNCIL
QUESTIONS. Two supplemental emails with attachments received from
Tom Morley, one dated April 21, 2014, and the other dated April 29, 2014.
C. Wil Soholt, Kosmont Senior Vice President, and Curtis Henderson, Registered
Geologist, CGEOIL, LLC, presented estimates on the potential volume of
recoverable oil and gas from within the City Reservoir, and responded to Council
questions.
(b) RECOVERY RATES — CONSULTANT SUMMARY; COUNCIL
QUESTIONS
Mr. Soholt and Mr. Henderson reviewed recovery factors (shown in 5.9, Table 2),
citing the recovery rates of 17.2% as a high estimate, 8.6% as a low estimate,
and 12.9% as the expected amount, and responded to Council questions.
City Council Minutes
05-05-14 Page 13951
• (c) REVENUES; TIDELANDS FUNDS - CONSULTANT SUMMARY;
COUNCIL QUESTIONS
•
•
Mr. Soholt and Mr. Henderson addressed the estimated gross City royalties,
upland/tideland revenues, the 3.33% non -participating royalty to Macpherson, the
direct City costs if voters approve the project and if voters do not approve the
project, as well as ongoing costs, and responded to Council questions.
Mayor pro tem Tucker, noting his need to leave the meeting early, addressed his
concerns regarding the temporary City Yard relocation, the loss of 97 parking
spaces, and the low cost estimate for Fire services, noting the onsite experts at
the Torrance and El Segundo oil facilities. He then left the meeting at 8:42 p.m.
(b) PROPERTY VALUES - CONSULTANT SUMMARY; COUNCIL
QUESTIONS
Mr. Soholt said he looked at Los Angeles County data from 2002 to 2012 with the
active wells plotted on a map, but found no standard correlation, and concluded
that a 0-10% reduction was possible, but could not say for sure.
Mr. Kosmont said a property -by -property appraisal was not in their scope of work
and estimated a $40,000 to $60,000 range to conduct such an appraisal.
The meeting recessed at 9:18 p.m.
The meeting reconvened at 9:35 p.m.
In response to a question by Mayor DiVirgilio, Mr. Kosmont confirmed the scope
change and said he would respond to all questions received from the public.
2. PUBLIC COMMENT ON COST BENEFIT ANALYSIS
Coming forward to address the Council on this item were:
Cynthia Pizer, Isabella and Sarah Jane Bacallao - Hermosa Beach, expressed
their concerns about the effects of oil drilling on the environmental and
quality of life, including noise, pollution, and traffic; urged keeping the ban;
Brandy Holland - Hermosa Beach, requested clarification from the consultants
on reserve volumes, contingent or proven reserves, and methodology;
Andre Sharp - Hermosa Beach, expressed concerns about fire safety; noted the
devastation to a small town in Quebec because equipment was not on
hand to handle a blowout that occurred during the hauling of crude oil;
said the cost of proper equipment should be included in the CBA;
J.R. Reviczkv - Hermosa Beach, said evaluating the impacts on property values
should be done for all five phases of the oil drilling/production project; was
surprised that the consultants did not speak to realtors or conduct a poll;
City Council Minutes 05-05-14 Page 13952
•
•
•
Monique Ehsan — Hermosa Beach, stressed the importance of addressing the
cost of upgrading the City's infrastructure, including water pipelines, noting
that the inadequacy of the City's current water supply;
George Schmeltzer — Hermosa Beach, questioned why Redondo's experience
was not considered relevant; said the tidelands issue is critical and must
be addressed, along with the project's impact on property values;
Barbara Guild — Hermosa Beach, said this would be the City's fourth vote on oil;
spoke of the State Lands Commission and the 1919 trust for the benefit of
all Californians, noting that very little of the tidelands money can be used;
Barbara Ellman — Hermosa Beach, expressed surprise that the issue of the
tidelands trust money has still not been answered; questioned the
suggestion that property value reductions would not exceed 10%;
Lynne Pope — Hermosa Beach/realtor, spoke of the City's small size and its
incredibly high density; urged further investigation into the issues of safety
and density;
Phil Friedl — Hermosa Beach, addressed previous comments related to potential
reserves not considered in the CBA, asking if that was in the scope of the
application and what methods would be used to extract those reserves;
Kevin Sousa — Hermosa Beach, said population/size comparisons of Seal Beach,
Torrance, Huntington Beach and Long Beach vary from 24,000 to 467,000
people and from 13 to 51.4 square feet; said none compare to Hermosa in
scope/size and the effect this project will have on real estate values;
Lael Stabler — Hermosa Beach, spoke of the fund Huntington Beach set up to
compensate homeowners for decreased property values; requested more
information and clarification on several issues, including if Redondo had
drilled any core samples that could be analyzed;
Toni Morley — submitted additional information; requested the inclusion of all of
his submittals in the CBA; cited new data received; urged the Council to
provide consultants with time and money to do a thorough investigation;
Craig Cadwallader — Surfrider Foundation South Bay Chapter, suggested a peer
review of the oil estimates to verify the numbers presented in the CBA;
Mike Finch — E&B Natural Resources, thanked the consultants for their work,
said additional data from Redondo should bring the numbers up; noted the
number of reports done and the new technology in the past 30 years;
Name Indistinct — Hermosa Beach, noting her 40 years of consulting experience,
expressed concern that the presentation contained so few statistics;
Mike Collins — Hermosa Beach, suggested more specific evaluations of property
values by comparing the "before and after effects" of oil drilling in other
cities; and
Tom Morely — came forward, at the request of Mayor DiVirgilio, to respond to
questions by Councilmember Fangary.
3. COUNCIL DIRECTION TO STAFF/CONSULTANT ON COST BENEFIT
ANALYSIS
City Council Minutes 05-05-14 Page 13953
•
•
•
Proposed Action: To direct the consultant to return with a written proposal,
including time and cost estimates, for Council consideration of whether or not it is
reasonable to expand the scope of work to include the following:
1) A better evaluation of the impact on property values for all phases of the
project, either with a survey or through brokers/real estate agents,
including a property -by -property option; and to have consultants look into
the property compensation fund set up by Huntington Beach and whether
or not Macpherson had set up a fund;
2) An evaluation of potential impairment during the construction phase of the
project and during any potential re -drilling for the project
3) Consideration of all data available from Redondo Beach, including that
recently made available and any other information, including from the
geologist; and request a peer review of the volume calculations;
4) The consultant shall finish the CBA after completion of the environmental
impact report (EIR), in order to take into account all information contained
therein, such as mitigation measures; and
5) Address the tidelands issue — factor in the report underway by the City
Attorney will address the legal ramifications involved.
Motion Fangary, second Mayor DiVirgilio, who proposed amending the motion to
set a deadline of August 15 for completion of the CBA, which was agreed to by
the maker of the motion.
Mr. Kosmont said he would not object to a peer review if desired by the Council,
but explained that this CBA is in itself an independent peer review of the many
other reports done in the past.
Final Amended Action: The main motion was subsequently amended by the
maker and second of the main motion, following Council discussion, to remove
the peer review evaluation listed in item 3.
The main motion, as amended, carried by the following Roll Call Vote:
AYES: Barragan, Fangary, Mayor DiVirgilio
NOES: Petty (objected to including items 1, 2 and 3)
ABSENT: Tucker
City Manager Bakaly said the item would come back at the May 27 meeting with
recommendations and costs associated with the scope change.
4. CONSIDERATION OF WHETHER THE CITY SHOULD SUPPORT AB 2711
(MURATSUCHI) AND DESIGNATE A COUNCILMEMBER OR STAFF
MEMBER TO TESTIFY IN SACRAMENTO IN SUPPORT OF THE BILL. AB
2711, INTRODUCED BY ASSEMBLYMAN MURATSUCHI, WOULD MAKE A
STATE FINANCED LOAN AVAILABLE TO THE CITY IN THE AMOUNT OF
$17.5 MILLION TO PAY E&B RESOURCES MANAGEMENT CORPORATION
AS REQUIRED BY SECTION 4.6.0 OF THE SETTLEMENT AGREEMENT IN
THE EVENT THE OIL BALLOT MEASURE SHOULD FAIL. Draft Assembly Bill
City Council Minutes 05-05-14 Page 13954
a
s
attached. Supplemental letter from Dency and Moira Nelson received May 5,
2014.
City Manager Bakaly presented the item and responded to Council questions.
Coming forward to address the City Council on this item were:
Melissa (last name indistinct) — representing Assemblyman Al Muratsuchi, urged
support of the bill, which would give Hermosa residents the ability to vote
their conscience on the oil measure without fear of financial hardship;
Jim Sullivan — Hermosa Beach, named 10 California cities with serious financial
problems — four have declared bankruptcy and none have bills pending;
said municipal bail -outs are not the responsibility of the State legislature;
Jose Bacallao — Hermosa Beach, thanked Assemblyman Muratsuchi and
Senator Ted Liu for their efforts to protect the Santa Monica Bay; said this
bill proposes a no -interest loan, not a bail-out;
Craig Cadwallader — Surfrider Foundation South Bay Chapter, spoke in support
of the bill and urged the Council to support it; said this is not a handout;
George Schmeltzer — Hermosa Beach, said the City's beach is a regional and
statewide resource, as is all of Santa Monica Bay; said the bill proposes a
rational use of the money and does not represent additional taxes;
Monique Ehsan — Hermosa Beach, said the voters expect leadership; spoke in
support of the bill which offers a no -interest loan;
Phil Friedl — Hermosa Beach, said support of the bill is not taking a position on
oil, but rather it is sound fiscal planning for the City; and
Laura (last name indistinct) — Hermosa Beach, spoke in support of the bill, calling
it a smart, creative solution.
Action: To take a position in support of AB 2711, designate Mayor DiVirgilio as
the City representative to testify before relevant committees in the State
Assembly and Senate in support of the fill, and direct the City Manager to also
send a letter of support.
Motion Fangary, second Petty. The motion carried by Roll Call Vote:
AYES: Barragan, Fangary, Petty, Mayor DiVirgilio
NOES: None
ABSENT: Tucker.
ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Monday, May 5, 2014, at the hour of 11:16 p.m. to an
Adjourned Regular Meeting (General Plan Kick -Off — Educational Series Workshop —
Issues) to take place at the Clark Building at 7:00 p.m., Thursday, May 8, 2014.
City Clerk
?se—
City Council Minutes 05-05-14 Page 13955
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of
•
the City of Hermosa Beach, California, held on Thursday, May 8, 2014, at the hour of
7:00 p.m.
•
•
The meeting was called to order at 7:00 p.m.
The "General Plan Kick -Off — Educational Series Workshop — Issues" took place at an
offsite location — Hermosa Beach Clark Building at 861 Valley Drive
The following member of the City Council was in attendance as an observer only:
Present: Petty
Absent: Barragan, Fangary, Tucker, Mayor DiVirgilio
ADJOURNMENT — Due to the lack of a quorum, the Adjourned Regular Meeting of the
City Council of the City of Hermosa Beach adjourned on Thursday, May 8, 2014, at the
hour of 7:01 p.m. to an Adjourned Regular Meeting at 9:00 a.m. on Saturday, May 10,
2014, for the purpose of conducting a study session on the Draft Environmental Impact
Report for the oil drilling production project.
City Council Minutes 05-08-14 Page 13956
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the
• City of Hermosa Beach, California, held Saturday, May 10, 2014, at the hour of 9:02 a.m.
•
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
JOINT MEETING WITH THE PLANNING COMMISSION
ROLL CALL:
City Council:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Planning Commission:
Present: Pizer, Vice Chairman Flaherty
Absent: Hoffman, Perrotti, Chairman Allen
1. STUDY SESSION ON ENVIRONMENTAL IMPACT REPORT PREPARED IN
CONNECTION WITH E&B'S PROPOSED OIL DRILLING AND PRODUCTION
PROJECT
(a) OVERVIEW OF THE CALIFORNIA ENVIRONMENTAL IMPACT REPORT (EIR)
PROCESS; IMPACT ANALYSIS AND MITIGATION; CONSULTANT
SUMMARY; COUNCIL / COMMISSION QUESTIONS
City consultant/EIR Project Manager Ed Almanza said this meeting was intended
to inform the public of the contents of the Draft Environmental Impact Report
(DEIR). He gave a timeline for the EIR process and the certification process,
pursuant to the California Environmental Quality Act (CEQA), and responded to
Council/Commission questions. (Members of the public were encouraged to
submit questions for Mr. Almanza to answer during the meeting.)
Luis Perez, Marine Research Specialists (MRS) project manager, introduced his
fellow consultants: Steve Radis (MRS principle), Greg Chittick (MRS senior project
engineer), and Steve Rogers (Steve Rogers Acoustics, subcontracted for acoustic/
noise expertise). He presented the consultant summary; stressed the importance
of establishing a baseline to determine EIR impacts; identified the particular areas
evaluated in the DEIR, the classification system for impacts, and the significant
and unavoidable impacts noted; and responded to Council/Commission questions.
(b) PLANNING COMMISSION / CITY COUNCIL RESPONSIBILITIES; FINAL
ENVIRONMENTAL IMPACT REPORT CERTIFICATION; POST-ELECTION
STEPS IF BALLOT MEASURE PASSES; CITY ATTORNEY SUMMARY;
COUNCIL/COMMISSION QUESTIONS
• Assistant City Attorney Lauren Langer elaborated on CEQA's certification process,
noting that the Planning Commission recommends certification to the City Council,
City Council Minutes 05-10-14 Page 13957
•
•
•
which then considers whether the document fulfills the CEQA requirements; said if
the voters approve the project, it would be up to the City to monitor long-term
mitigations; and responded to Council/Commission questions.
Fire Chief David Lantzer responded to questions regarding the City's Fire Code
and whether it would require updating should the measure pass.
The meeting recessed at 10:07 a.m.
The meeting reconvened at 10:10 a.m.
2. DISCUSSION OF MAJOR SUBJECT AREAS IN DRAFT ENVIRONMENTAL
IMPACT REPORT
(a) OVERVIEW OF PROJECT EVALUATED BY ENVIRONMENTAL IMPACT
REPORT; CONSULTANT SUMMARY; COUNCIL/COMMISSION QUESTIONS
Mr. Chittick presented the project overview and consultant summary, and
responded to Council/Commission questions. [Specific discussion topics for both
(a) and (b) are combined below under (b)].
(b) SAFETY, RISK AND HAZARDS ISSUES; CONSULTANT SUMMARY;
COUNCIL/COMMISSION QUESTIONS
Mr. Chittick presented the consultant summary, with additional comments provided
by Mr. Radis, and both responded to Council/Commission questions.
Council/Commission discussion included:
D Incorporation of release scenarios and ways to reduce such risks;
D Definition of the F -N Curve, which characterizes societal acceptability levels
of risks;
D Clarification of the statistical likelihood mathematically of a blowout;
D Clarification of the word "upsets";
D A more -detailed definition of "sensitive groups" for the EIR;
D The responsibility of the applicant to have first response methods and
equipment (like foam) on-site in case of emergency;
D Prop 65 warnings and other signage requirements at the site;
> The Development Agreement (DA) governs the project and would include
remedies for violations;
D Assignment in the DA of a designee (such as the City Manager) who would
have the power to shut the operation down due to violations; and
D As per the DA, the applicant will pay all costs for all mitigation measures.
3. PUBLIC QUESTIONS RELATED TO THE ENVIRONMENTAL IMPACT REPORT
In response to questions to the consultants from members of the public,
discussion included:
D Clarification that Monterey shale is not part of the EIR;
City Council Minutes 05-10-14 Page 13958
•
➢ There is a small potential for a blowout in West Torrance; and
➢ The American Petroleum Institute has guidelines/requirements that would
be applied to the site.
The meeting recessed for lunch at 12:12 p.m.
The meeting reconvened at 12:42 p.m. with City Attorney Jenkins present (Assistant City
Attorney Langer left the meeting).
Consultant responses to questions from members of the public continued.
Discussion included:
> Human error was accounted for in some blowout causes either directly or
indirectly even if not specified in the DEIR;
> Whether the applicant is considered an "average" operator as defined in the
DEIR (their past/experience was not considered to determine this); and
> Whether the applicant's explosion mitigations are adequate.
In response to a Council question, City Attorney Jenkins said there is no legal
requirement for general public comment since this adjourned regular meeting (a
continuation of the last meeting) is a study session limited to a single topic.
4. CONTINUATION OF STUDY SESSION; DISCUSSION OF MAJOR SUBJECT
AREAS
• (a) NOISE AND VIBRATION ISSUES; CONSULTANT SUMMARY; COUNCIL/
COMMISSION QUESTIONS
•
Contracted consultant Steve Rogers presented the summary and responded to
Council/Commission questions, as well as questions from members of the public
in attendance.
Discussion included:
➢ How, when, where and which noises were measured (methodology);
➢ A contour map showing concentration and dispersion of noise;
➢ That noise levels are highest right at the rig and decrease moving outward;
➢ The DEIR proposes a 35' instead of 32' sound wall (as determined by the
applicant in plans) surrounding the site to mitigate noise;
➢ Whether a City Ordinance could call for limitations on hours/days of
demolition and construction;
➢ Clarification in the EIR of the potential timeline for redrills in Phase IV;
➢ Requiring an estimated timeline from the applicant; e.g., when Phase
would actually start, from the time of the election; and
➢ Determination that the project exceeds the decibel limit for only a few hours
per night because that is the quietest time of the day.
(b) AIR QUALITY & ODOR ISSUES; CONSULTANT SUMMARY; COUNCIL
/COMMISSION QUESTIONS
City Council Minutes 05-10-14 Page 13959
Mr. Chittick presented the consultant summary; he and Mr. Radis then responded
•
to Council/Commission questions.
•
Discussion included:
> Breakdown of the specific areas of air quality studied and mitigation and
residual impacts for each;
> The total cubic feet of gas burned each day during the project;
> An explanation of microturbines;
> That the City could assign its designee to investigate odor issues, which
would be more expedient than waiting for SCAQMD's assistance; and
> With hydrogen sulfides odor is even more of a problem.
The order of the agenda moved to item 4(c) before returning to 4(b) for responses
to questions from the public, which are included in above -listed discussion areas.
(c) AESTHETIC/VISUAL ISSUES; CONSULTANT SUMMARY; COUNCIL
/COMMISSION QUESTIONS
Mr. Perez presented the summary; and responded to Council/Commission
questions, as well as questions from members of the public in attendance.
Discussion included:
> The drilling operation would constitute a significant and unavoidable impact;
> Incorporating a visual simulation of the temporary 150' boom in the EIR;
> Undergrounding of power lines would be only in a limited area as per the
applicant's proposal;
> Better, more representative pictures should be in the EIR, as those used in
the draft were submitted by the applicant;
> Locations of the rigs will change over the course of the project to account
for all the wells;
> That the DEIR findings are based on the established baseline and the
proposed project, not comparisons to other projects;
> Whether the background of the legal history of the Macpherson Oil
Settlement should be included in the EIR; and
> Clarification that in the Executive Summary of the EIR "spills" means OIL
spills.
5. PUBLIC QUESTIONS RELATED TO THE ENVIRONMENTAL IMPACT REPORT
(THIS IS NOT AN OPPORTUNITY FOR COMMENT FOR OR AGAINST THE
PROPOSED PROJECT)
For the sake of clarity, questions are addressed under each item above.
6. COUNCIL DIRECTION TO STAFF/CONSULTANT ON ENVIRONMENTAL
IMPACT REPORT (EIR)
City Council Minutes 05-10-14 Page 13960
•
Proposed Action: To direct MRS to provide a redlined version of the final EIR to
show the additions to the DEIR, including an appendix of all comments received to
date; and to include additional photographs prepared by MRS or their consultant
(not the applicant) showing the drilling rigs, workover rigs, re -drilling rigs and the
crane with the 150' boom (nighttime photographs will also be provided).
Motion Fangary, second DiVirgilio. It was the consensus of the Council to approve
this motion.
Action: To schedule a separate meeting prior to the July 22 Regular Council
meeting for the purposes of Council CEQA certification.
Motion Tucker. It was the consensus of the Council to approve this motion.
ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Saturday, May 10, 2014, at the hour of 3:48 p.m. to the
Regular meeting of May 13, 2014, with a 6 p.m. Study Session on the PCH/Aviation
Beautification Final Concept Plan.
•
Deputy City Clerk
City Council Minutes 05-10-14 Page 13961
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held Tuesday, May 13, 2014, at the hour of 6:04 p.m.
•
•
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
STUDY SESSION - PCH -AVIATION BEAUTIFICATION FINAL CONCEPT PLAN
RECOMMENDATION TO RECEIVE AND FILE THE PRESENTATION ON THE
PCH -AVIATION BEAUTIFICATION FINAL CONCEPT PLAN.
Public Works Director Frank Senteno presented the staff report and responded to
Council questions.
Sham Ure, Katherine Spitz Associates, introduced her associate Milet Libunao and
two consultants, Rock Miller of Stantec, and Simon Andrews of Graphic Solutions;
gave a PowerPoint presentation on the concept plan ("Hermosa Horizon"), stressing
that it can be refined; shared the intent of the plan, areas covered, and design goals
(including safety), adding that pedestrian -friendly streets is a main component of the
concept; and responded to Council questions.
Concept areas discussed:
> Traffic -calming and beautification effects of trees in medians;
> Incorporation of parklets;
> A distinct color palette, logo and typeface to identify Hermosa;
> Installation of Hermosa banners to identify the City and other ways of
delineating Hermosa from neighboring cities along the Pacific Coast Highway;
> Possible inclusion of a bikeway, which would likely result in lack of space for a
median on Aviation;
> New bus shelters; and
> The need for further traffic studies.
Mr. Miller, the Stantec traffic engineering consultant, then discussed:
> Feasibility of a roundabout, which would work better at some times of the day
than others (this was found in a software simulation);
> A roundabout would work better if the street was one lane instead of two;
> A single lane roundabout would be compatible with bike lanes;
> How medians with trees can calm traffic; and
> Fulfilling the requirements South Bay Bicycle Master Plan.
PUBLIC PARTICIPATION
Coming forward to address the Council on this item was:
Justin Schnuelle - Hermosa resident/Public Works Commissioner, requested
a cost comparison of monuments in this presentation with comparable
ones in use on upper Pier Avenue.
City Council Minutes 05-13-14 Page 13962
(Members of the public were encouraged to speak when this item is discussed again
• later in the meeting under item 6a.)
The following two written communications were received and filed during item 6a:
(a) Supplemental email from Lee Shelton (forwarded by Julian Katz)
received May 12, 2014 in support of bike lanes along the Aviation
Corridor.
(b) Supplemental email from Dean Francois received May 13, 2014 in
support of bike lanes along the Aviation Corridor.
The meeting recessed at 6:53 p.m.
The meeting reconvened at 7:03 p.m.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — None
ANNOUNCEMENTS — Councilmember Fangary said he would attend the Living
Streets Leadership Forum May 15 sponsored by Beach Cities Health District, and
announced: (1) the May 18, 5-8 p.m., unveiling, at Scotty's on the Strand, of the
Leadership Hermosa Class of 2014 community project, Pillars of Our People, for
mounting selected art entries on volleyball pillars; (2) the May 20, 6 p.m., Joint City
Commissions Meeting - General Plan/Coastal Land Use Plan Rewrite, in Council
Chambers; and (4) the 18th annual Hermosa Firefighters pancake breakfast on
Sunday, May 25, from 7:30 a.m. to noon, at the Fire Station.
Councilmember Petty announced and congratulated both Hermosa Valley and View
Schools for being named 2014 California Distinguished Schools.
Councilmember Barragan (1) announced Spike Out Stroke Day event (part of Stroke
Awareness Month), on Sunday, May 18, 2-3 p.m., between the 10th & 11th streets
volleyball courts; (2) spoke of attending a Southern California Association of
Governments conference about transportation and reducing carbon emissions; and
(3) said she looked forward to car2go's summer launch in Hermosa, as well as the
installation of additional electric vehicle charging stations in the City.
PROCLAMATIONS/PRESENTATIONS
SWEARING IN OF POLICE OFFICERS
• Rachel Weinrich and Aurelio Lopez were sworn in by Chief of Police Sharon Papa
before their families and friends, with Ms. Weinrich's husband (also a police officer)
City Council Minutes 05-13-14 Page 13963
pinning on her badge and Mr. Lopez's father doing the honors for his son. Mayor
•
DiVirglio administered the Oath of Office to both new officers.
RECOGNIZING HERMOSA ARTS FOUNDATION'S
DONATION TO THE HERMOSA PLAYHOUSE
This item was continued to a future meeting.
WEST BASIN WATER DISTRICT'S PRESENTATION OF
OCEAN FRIENDLY GARDEN
Carol Kwan, West Basin Water District Board, noted three water refill stations in the
South Bay and hoped Hermosa would place one on the Strand or in a park, with a
dog drinking fountain at the bottom; invited the Council to visit the District site; and
spoke of Southern California water needs and the Diamond Valley Lake reservoir.
Leighanne Kirk, the District's Water Resources Planner, presented the update on the
garden's progress and the aim for construction between June 6 and June 30, with
flexibility to accommodate City events. Landscape designer John Tikotsky of
Tikotsky & Associates, spoke of redirecting roof water to use in the garden, which
will be comprised of climate -appropriate trees, plants and shrubs.
PUBLIC PARTICIPATION:
• 1. ORAL AND WRITTEN COMMUNICATIONS
•
Coming forward to address the Council at this time were:
Pat Love — Hermosa Beach, asked if the ocean -friendly garden installation
could occur after June 15, since the annual ArtWalk takes place in that
area, noting concerns about competing space needs to accommodate
the event's food trucks and vendors while the garden is being installed
(Mayor DiVirgilio assured her that the City would make it work);
Craig Cadwallader— Surfrider Foundation South Bay Chapter, announced (1)
a beach cleanup May 17, from 10 a.m. to noon, starting just south of
the pier, followed by the annual "Hands Across the Sand" event (in
support of keeping beaches and oceans clean); and (2) the Manhattan
Beach Chamber of Commerce's first annual Bite at the Beach event on
May 17, from 3-7 p.m., with a portion of the proceeds to be donated to
Surfrider and tickets are available online at www.biteatthebeach.com;
George Barks — Redondo resident/Hermosa property owner, invited everyone
to a Tri -Beach Sister Cities fundraiser at Ortega 120 in Redondo,
where Mayor DiVirgilio would auction off a dinner at Hermosa's Fire
House; said the event proceeds would benefit the Sister City
Associations of the three cities (Hermosa, Manhattan and Redondo)
and $25 tickets are available online at www.hb-sistercity.org;
Joline Blais — Camino Real Restaurant owner, thanked everyone who came
out on Cinco de Mayo to observe their last day of business and for
making their restaurant a success over the years;
City Council Minutes 05-13-14 Page 13964
•
•
•
Sal Longo — Hermosa resident/owner of Suzy's Bar & Grill, asked the Council
to lift the moratorium on liquor licenses in the hill section; and
Joe Galliani — Torrance, South Bay Climate 350, urged people to take the
increased amount of oil spilled in the last year into consideration when
voting on the oil issue, saying it is as foolproof as has been advertised.
(a) Letter from Katy Arnold dated April 23, 2014 regarding making English
the official language of our County.
No one came forward to address the Council on this matter.
Action: To receive and file the letter.
Motion Tucker, second Fangary. 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: 2(e) Barragan.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON JANUARY 14, 2014.
Action: To approve as presented the minutes of the City Council's Regular
Meeting of January 14, 2014.
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO
APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED
BY THE CITY TREASURER.
(1) APRIL 16, 2014: No. 73657
(2) APRIL 17, 2014: Nos. 415, 5730, 14417, and 73658 through 73708
(3) APRIL 24, 2014: Nos. 14424, and 73709 through 73755
(4) MAY 1, 2014: Nos. 14501, 73756 through 73795, 326289, 327400,
327452, 327892, 327926, and 368674; and CANCELLATION OF
CHECKS: Nos. 72615 and 73563
Action: To ratify the check registers and approve the cancellation of certain
checks, as recommended by the City Treasurer.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file tentative future agenda items.
(d) RECOMMENDATION TO AUTHORIZE THE CITY CLERK TO PREPARE
ALL BID DOCUMENTS AND PUBLISH A NOTICE REQUESTING BIDS
City Council Minutes 05-13-14 Page 13965
•
•
•
FROM QUALIFIED NEWSPAPERS FOR THE PUBLISHING OF THE
CITY'S LEGAL NOTICES DURING FISCAL YEAR 2014-2015.
Memorandum from City Clerk Elaine Doerfling dated May 7, 2014.
Action: To authorize the City Clerk to prepare all bid documents and publish
a notice requesting bids from qualified newspapers for the publishing of the
City's legal notices during Fiscal Year 2014-2015.
(e) RECOMMENDATION TO ADOPT THE ATTACHED RESOLUTION
APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH
LANDSCAPING & STREET LIGHTING DISTRICT 2014-2015 ("DISTRICT")
MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 14-
6893; AND ADOPT THE ATTACHED 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, 2014 THROUGH JUNE 30,
2015; AND SETTING JUNE 24, 2014, TO ACCEPT PUBLIC INPUT ON THE
MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public
Works Associate Engineer Homayoun Behboodi dated April 22, 2014.
(f)
This item was removed (in error) from the consent calendar for separate
discussion later in the meeting by Councilmember Barragan.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 14-6901, 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 2014-2015";
2) Adopt Resolution No. 14-6902, 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 2014-2015 FOR THE FISCAL YEAR BEGINNING JULY 1,
2014 AND ENDING JUNE 30, 2015, AND APPOINTING A TIME AND
PLACE FOR A PUBLIC HEARING IN RELATION THERETO"; and
3) Setting June 24, 2014 as the date to accept public input on the matter of
the proposed assessment.
Motion Barragan, second DiVirgilio. The motion carried by a unanimous vote.
RECOMMENDATION TO ACCEPT THE BIDS FOR COMPLETING THE
EOC ANTENNA PROJECT AND AWARD THE BID TO AIRWAVE
COMMUNICATIONS. Memorandum from Fire Chief David Lantzer dated
March 31, 2014.
City Council Minutes 05-13-14 Page 13966
•
•
(g)
Action: To approve the staff recommendation to accept the bids for
completing the EOC Antenna Project and award the bid to Airwave
Communications.
RECOMMENDATION TO ADOPT THE ATTACHED RESOLUTION
APPROVING THE CITY'S CONTINUED PARTICIPATION IN THE LOS
ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AUTHORIZING THE CITY MANAGER TO
EXECUTE A COOPERATION AGREEMENT WITH THE COUNTY OF LOS
ANGELES. Memorandum from Community Development Director Ken
Robertson dated May 6, 2014.
Action: To adopt Resolution No. 14-6898, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION
AGREEMENT WITH THE COUNTY OF LOS ANGELES."
(h) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER
THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
May 6, 2014.
1. CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
2. CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
3. CONSENT ORDINANCES
MATEL, SUSAN
04-26-14
04-30-14
PROPERTY DAMAGE
MILIC, JOE
04-26-14
05-08-14
PROPERTY DAMAGE
(a) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR
CIP PROJECT NO. 13-127 STREET IMPROVEMENTS AT VARIOUS
LOCATIONS TO ALL AMERICAN ASPHALT CORP. FROM THE CITY OF
CORONA, CALIFORNIA IN THE AMOUNT OF $539,539; AUTHORIZE THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SUBJECT TO
APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE
PROJECT BUDGET; AND ADOPT THE ATTACHED RESOLUTION NO. 14-
6899, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING THE DESIGN AND
PLANS FOR THE CONSTRUCTION OF CIP NO. 13-127 STREET
IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT PURSUANT TO
City Council Minutes 05-13-14 Page 13967
•
•
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT." Memorandum from Public Works Assistant Engineer
Victor Chavez dated May 5, 2014.
This item should have been listed under Consent Calendar but was listed as
a Consent Ordinance in error.
Public Works Director Senteno and City Manager Bakaly responded to
Council questions.
Action: To approve the staff recommendation to:
1) Award the Construction Contract for CIP Project No. 13-127 Street
Improvements at Various Locations to All American Asphalt Corp. from the
City of Corona, California in the amount of $539,539;
2) Authorize the Mayor to execute and the City Clerk to attest subject to
approval by the City Attorney;
3) Authorize the Director of Public Works to make changes as necessary
within the Project budget: and
4) Adopt Resolution No. 14-6899, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION
OF CIP NO. 13-127 STREET IMPROVEMENTS AT VARIOUS
LOCATIONS PROJECT PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT."
Motion Tucker, second Petty. The motion carried by a unanimous vote.
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Item 2(e) was heard at this time but is shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown
under the appropriate item.
5. PUBLIC HEARINGS — None
6. MUNICIPAL MATTERS
a. PCH -AVIATION CORRIDOR BEAUTIFICATION FINAL CONCEPT PLAN
AND NEXT STEPS. Memorandum from Public Works Associate Engineer
Mondher Saied dated May 6, 2014. Supplemental email from Lee Shelton
(forwarded by Julian Katz) received May 12, 2014. Supplemental email from
Dean Francois received May 13, 2014.
• Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
City Council Minutes 05-13-14 Page 13968
•
•
•
At Mayor DiVirgilio's request, Director Senteno provided a brief summary and
timeline of the concept, and said Council approval is a crucial first step that
does not commit the City to any of the options but allows it to apply for grants.
Coming forward to address the Council on this item were:
George Barks - Redondo resident/Hermosa property owner, member of the
PCH/Aviation Improvement and Upper Pier Avenue committees, said
the much-needed project is long overdue; said he invited a Caltrans
representative to the meeting to respond to Council questions;
Dean Nota - Hermosa resident, member of the PCH/Aviation Improvement
and Upper Pier Avenue committees, said the project encompasses far
more than just beautification; noted the similarities between this and
the Upper Pier Avenue project;
Mike Flaherty - Hermosa resident, Planning Commissioner, member of the
PCH/Aviation Improvement Committee, recommended both short-term
and long-term phasing -in of the project; suggested putting up banners,
for example, while grants are being sought;
George Schmeltzer - Hermosa Beach, supported the plan; urged observance
of Livable Streets concepts/principles, giving Aviation bike lanes the
consideration they deserve and seeking input from stakeholders
including Beach Cities Health District (BCHD)/Blue Zones Project; said
BCHD is applying for a grant and sees the project as a regional one;
Lauren Nakano - Hermosa resident/Beach Cities Health District's Blue Zones
Project Director, said she was pleased to have options based on public
input, budget, etc. as part of the process; called the project a gateway
for the City that will create a legacy;
Joe Galliani - Torrance resident/South Bay 350 Climate Action Group, said
he supports approval of the concept but prefers the option which
allows for bike lanes rather than a median; urged the City to move
forward on this;
Andrea Jacobsson - JAMA Autohaus, Hermosa, PCH/Aviation Improvement
Committee member, said the project will give Hermosa a real identity
and will please PCH/Aviation businesses; urged the Council to view it
as a conceptual plan, with room for changes, and to move forward;
Steve Lantz - South Bay Cities Council of Governments (SBCCOG) Director
of Transportation, noted Caltrans' work on Complete Streets projects
and its increased interest in the Living Streets concept; urged the
Council to approve the plan so funding options can be considered,
noting SBCCOG might entertain the idea of matching funds;
Julian Katz- Hermosa Beach, said May is National Bike Month and May 15 is
Bike to Work Day; said light commuting has increased in recent years
on Aviation, and nearby cities are creating bike lanes, which should be
included in the Plan;
Dean Francois - said there has been interest in the bike -friendly concept in
the beach cities for a long time; suggested bike lanes on both sides of
Aviation; said Upper Pier is dangerous for bikes and hoped the area
would be improved; and
City Council Minutes 05-13-14 Page 13969
•
•
•
Yunus Ghausi — Caltrans Senior Transportation Engineer, spoke of the good
relationship he developed with Hermosa City staff over the 23 years he
has been in charge of South Bay cities; said Complete Streets is a
Caltrans policy, but this plan is a win-win for the City and Caltrans.
Action (Main Motion): To approve the staff recommendation to:
1) Approve the PCH/Aviation Improvement Committee's recommended final
Conceptual Design and Master Plan for the PCH -Aviation Corridor
Beautification Project; and
2) Authorize Staff to engage with the SBCCOG and other funding sources to
fund design for Phase 1 of the project.
Motion Petty, second Tucker. The motion was replaced by the following
substitute motion.
Proposed Substitute Action:
1) Approve the PCH/Aviation Improvement Committee's recommended final
Conceptual Design and Master Plan for the PCH/Aviation Corridor
Beautification Project;
2) Authorize Staff to engage with the SBCCOG and other funding sources to
fund design for Phase 1 of the project;
3) Direct staff to continue to engage with stakeholders including Beach Cities
Health District; and
4) Work to include in the Plan the Living Streets and carbon neutrality
concepts, as well as bike lanes.
Motion Fangary, second Barragan. The substitute motion failed to garner a
majority of affirmative votes.
The above main motion carried by a unanimous vote.
The meeting recessed at 10:03 p.m.
The meeting reconvened at 10:18 p.m.
b. E&B'S PROPOSED OIL DRILLING AND PRODUCTION PROJECT: STAFF
WILL PROVIDE A STATUS REPORT AND CITY COUNCIL MAY DISCUSS
AND ACT ON ITEMS ADDRESSED IN THE WRITTEN
REPORT. Memorandum from Community Development Director Ken
Robertson dated May 7, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions. City Manager Bakaly and City Attorney
Jenkins also responded to Council questions.
In his update, Director Robertson said (1) by early June, consultants should
finish the final EIR, which will include responses to public comments; (2) a
mid-July Planning Commission hearing is targeted for recommending EIR
certification to the Council; (3) the CBA consultant will report back at the next
meeting with a revised scope including the cost of additional work regarding
City Council Minutes 05-13-14 Page 13970
•
•
property value impacts; and (4) the HIA consultant will brief the Council on the
delivery date of that document, likely later in July.
City Manager Bakaly said: (1) May 6 will be the first Development Agreement
subcommittee meeting; (2) E&B has expressed doubt that the EIR would be
completed in time for a November election; (3) attorneys are discussing
specifics about the election due to current disagreement; (4) clarification is
needed on some details in an E&B report listing the project's public benefits;
and (5) the selection of an oil and gas attorney is in its final stages.
Coming forward to address the Council on this item were:
Barbara Ellman - Hermosa Beach, asked how much money from the oil
project would go toward the Tidelands Trust;
Jessica Guheen - Hermosa Beach, Parks/Recreation/Community Resources
Commissioner, said City outdoor facilities are in need of improvements
and the oil project is a way to fund them;
Joe Galliani - Torrance resident/South Bay 350 Climate Action Group; spoke
of expected rising sea levels and ozone levels that should be looked at
when discussing the oil drilling/production project which he opposes;
Jose Bacallao - Hermosa Beach, Heal the Bay employee, said Heal the Bay
acknowledges the City's public outreach efforts regarding the oil drilling
project and the hard work by staff, consultants and the Council; said
the final EIR will provide a solid foundation for the voters; and
Craig Cadwallader - Surfrider Foundation South Bay Chapter, echoed the
previous speaker's comments about the City's public outreach efforts
related to the project.
Action (Main Motion): To receive and file the report.
Motion Petty, second Barragan. This main motion was suspended pending
the outcome of the following substitute motion.
Proposed Substitute Action: To receive and file the report and to schedule
a meeting before the next Regular Council meeting to meet with the oil and
gas attorney to obtain information and ask questions.
Motion Barragan. This motion was subsequently withdrawn.
The above main motion carried by a unanimous vote.
c. APPROVAL OF RESOLUTION VALUING EMPLOYEES AND THE
BUILDING OF A HIGH PERFORMANCE ORGANIZATION.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
May 13, 2014.
Assistant to the City Manager Diane Strickfaden presented the staff report
and responded to Council questions.
• No one came forward to address the Council on this item.
City Council Minutes 05-13-14 Page 13971
•
•
•
Action: To adopt Resolution No. 14-6900, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
VALUING EMPLOYEES AND THE BUILDING OF A HIGH PERFORMANCE
ORGANIZATION."
Motion Petty, second Tucker. The motion carried by a unanimous vote.
d. RECOMMENDATION TO APPROVE 2014 SPECIAL EVENTS CALENDAR
AND CLARIFY CITY COUNCIL POLICY REGARDING SPECIAL EVENT
PERMITS. Memorandum from Assistant to the City Manager Diane
Strickfaden dated May 13, 2014. Supplemental letter from Howard Longacre
received May 13, 2014.
Assistant to the City Manager Diane Strickfaden presented the staff report
and responded to Council questions. City Manager Bakaly also responded to
Council questions.
Coming forward to address the Council on this item were:
Craig Cadwallader — Surfrider Foundation South Bay Chapter, said the beach
cleanups benefit the City and the cleanup events should not be
restricted because of other events; and
Jessica Guheen — Hermosa Beach, Parks/Recreation/Community Resources
Commissioner, said applicants are better informed ahead of time in the
process; urged the Council to communicate to the Commission its
expectations for events (e.g., smaller, generating more revenue, etc.)
enabling the decision making tool to be leveraged in this regard.
Action: To continue the matter to the next meeting of May 27 as a Consent
Calendar item, with direction to staff to provide the Council with a hard copy
current event packet by May 22 and be available for discussion, and further to
bring the matter back in the fall (perhaps September) for a policy discussion.
Motion DiVirgilio, second Petty. The motion carried by a unanimous vote.
The meeting recessed at 11:56 p.m.
The meeting reconvened at 12:04 a.m., at which time the order of the agenda
moved to item 7.
e. SURF LEGENDS MEMORIAL - UPDATE. Memorandum from Public Works
Director Frank Senteno dated May 5, 2014.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly and City Attorney Jenkins also
responded to Council questions.
Coming forward to address the Council on this item was:
Craig Cadwallader — Surfrider Foundation South Bay Chapter; spoke of the
fundraising efforts he championed; said the memorial is intended to
showcase Hermosa as the original "Surf City"; said a non-profit like
Surfrider can like help if maintenance funding is an issue.
City Council Minutes 05-13-14 Page 13972
•
•
•
Action (Main Motion): To approve the staff recommendation to:
1) Receive and file the report regarding an update of the Surf Legends
Memorial project; and
2) Authorize staff to proceed with the completion of the project in accordance
with the stipulations set forth below in the report.
Motion Tucker, second Petty. The main motion was suspended pending the
outcome of the following substitute motion.
Proposed Substitute Motion:
1) To receive and file this report regarding an update of the Surf Legends
Memorial project; and
2) To authorize staff to proceed with the completion of the project in
accordance with the stipulations set forth below in this report; and
3) To direct staff to coordinate progress of the project with those committee
members who have been involved with it for so long.
Motion Fangary, second Barragan. The motion failed, noting the dissenting
votes of Petty, Tucker and Mayor DiVirgilio.
The above main motion carried by a unanimous vote.
f. 2012-13 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) —
INCLUDING REPORT FROM INDEPENDENT AUDITOR. Memorandum
from Finance Director Viki Copeland dated May 6, 2014.
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 approve the staff recommendation to receive and file the 2012-13
Comprehensive Annual Financial Report (CAFR), which includes the report
from Pun & McGeady, LLP, the City's independent auditors.
Motion Tucker, second Petty. The motion carried by a unanimous vote.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. CLEAN FLEET POLICY AND ACTION PLAN: GUIDELINES FOR VEHICLE
PURCHASE AND REPLACEMENT - UPDATE. Memorandum from
Public Works Director Frank Senteno dated May 5, 2014. Supplemental
email from Dency Nelson received May 13, 2014.
Public Works Director Senteno presented the staff report and responded to
Council questions. City Manager Bakaly also responded to Council questions.
Coming forward to address the Council on this item were:
Robert Fortunato — Hermosa Beach, Green Idea House builder/owner,
commended the Council for their "green" efforts; spoke of saving
money as an electric vehicle owner; said solar power would keep City
City Council Minutes 05-13-14 Page 13973
•
•
vehicles and emergency equipment operating if the grid goes down;
urged consideration of purchasing hybrids for use by City departments;
Joe Galliani — Torrance/350 Action Climate Group, spoke in favor of
purchasing electric vehicles for City operations, saying performance
and range are good now; and
Craig Cadwallader — Surfrider Foundation South Bay Chapter, presented a
list of all electric/hybrid/CNG vehicles in use by the City of Manhattan
Beach to demonstrate the feasibility for Hermosa.
Action: To approve the staff recommendation to receive and file the update
on the status of adherence to the City's existing Guidelines for Vehicle
Purchase and Replacement.
Motion Tucker, second DiVirgilio. The motion carried by a unanimous vote.
At this time the order of the agenda moved to item 6(e).
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL
(a) VACANCIES — BOARDS AND COMMISSIONS — EMERGENCY
PREPAREDNESS ADVISORY COMMISSION TWO TERM EXPIRATIONS
ENDING MAY 31, 2014. Memorandum from City Clerk Elaine Doerfling
dated May 7, 2014.
Action: To appoint Al Benson and Gila Katz to the Emergency Preparedness
Advisory Commission for four-year terms ending May 31, 2018.
Motion Fangary, second Barragan. The motion carried by 3-2, noting the
dissenting votes of Tucker and DiVirgilio.
At this time, the order of the agenda moved to item 4.
9. OTHER MATTERS - CITY COUNCIL
a. Supplemental request from Councilmember Barragan for Council
discussion of allowing St. Cross and/or the Hermosa Beach Garden
Club to install native plants and do cleanup at the City Yard site.
Councilmember Barragan spoke to her request.
Action: To direct staff to agendize, at a Council meeting taking place within
the next month or so, a preliminary discussion about allowing St. Cross
and/or the Hermosa Beach Garden Club to install native plants and do
cleanup at the City Yard site.
Motion Barragan, supported by Fangary.
• b. Supplemental request from Councilmember Fangary for Council
discussion on the status of the City remaining neutral and objective on
the oil drilling and production project.
City Council Minutes 05-13-14 Page 13974
• Councilmember Fangary spoke to his request.
•
•
Action: To direct staff to agendize, at a Council meeting taking place within
the next month or so, a Council discussion on the status of the City remaining
neutral and objective on the oil drilling and production project.
Motion Fangary. The motion failed to garner a second vote of support.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, April 23, 2014, at the hour of 1:38 a.m. to an
Adjourned Regular at 7:00 p.m. on May 22, 2014, for the purpose of conduction a
Budget/CIP Workshop.
Deputy City Clerk
City Council Minutes 05-13-14 Page 13975
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE HERMOSA BEACH
CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 22,
• 2014, at the hour of 7:01 p.m.
PLEDGE OF ALLEGIANCE — Mayor DiVirgilio
ROLL CALL
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
FISCAL YEAR 2014-2015 BUDGET WORKSHOP.
Fiscal Health Model/Forecast. Supplemental Preliminary Budget received from
Finance Director Viki Copeland May 20, 2014. Supplemental letter from Howard
Longacre dated May 22, 2014.
Jon Johnson and Chris Fabian made PowerPoint presentations on the Fiscal Health
Model from the Center for Performance Based Budgeting. Topics included achieving
fiscal health and wellness, the use of fiscal health diagnostic tools, on-going as well as
one-time revenues/expenditures, transparency about the true cost of doing business,
economic analysis and long-term planning. They outlined steps to achieve success with
priority -based budgeting, including the need to clarify result definitions, identify
programs/services, value programs based on results, and allocate resources based on
priorities, using a resource alignment diagnostic tool.
• City Manager Bakaly said the departments would begin working in August on priority
based budgeting, noting the model would be based on this year's budget.
Review of Retirement and Other Post -Employment Benefits. Supplemental
documents submitted at the meeting by Finance Director Copeland, one entitled
"Retiree Healthcare Plan," and the other entitled "Miscellaneous and Safety Plans."
John Bartel, Bartel Associates, independent actuary, made a slide presentation on the
above -noted two documents and reviewed actuarial issues, including the City's pension
and other post -employment benefit (OPEB) obligations. In response to Council
questions, Mr. Bartel said he said he would present an updated report within six weeks
after receiving the new data, and would be available to answer questions prior to the
next budget study session of June 10.
Finance Director Copeland noted that the period to be covered in Mr. Bartel's new
report would be the next three years.
Strategic Plan, Linkage to Budget
City Manager Bakaly addressed the goals established by the City Council during the
strategic planning process. Concerning the "High Performing City Providing First Class
Services" goal, he said staff had already started with "core -level services, quality of life
services, and community add-ons," and the next steps will be "performance/output
measures" and "bench marks."
City Council Minutes 05-22-14 Page 13976
The meeting recessed at 9:15 p.m.
1111 The meeting reconvened at 9:25 p.m.
•
PUBLIC PARTICIPATION:
Coming forward to address the Council at this time was:
Jim Sullivan — Hermosa Beach, cited the top ten revenue sources shown in
budget, noting that the City has direct control over only parking, business
licenses, Utility User Tax (UUT), and Transit Occupancy Tax (TOT).
Determination of Service Levels and Cost
City Manager Bakaly said the City's "Financially Sound City Government" goal includes
maintaining financial reserves consistent with City policies and nationally recognized
standards, and providing adequate resources to support defined City services and
service levels, such as partnering with others for reduced service costs and leveraging
City resources through outside funding sources such as grants.
Community Dialogue Fiscal Team Summary, Revenue Opportunities and
Possibilities. Supplemental Opportunities/Possibilities Slide received May 22, 2014.
City Manager Bakaly reviewed the Community Dialogue Fiscal Team summary —
"revenue opportunities and possibilities."
Overview of Budget Changes — Review of Five -Year Capital Improvement Plan.
Supplemental memoranda from Finance Director Viki Copeland dated May 22, 2014,
regarding "Corrections for Final Budget" and "Personnel Changes Worksheet."
Finance Director Copeland presented an overview of the preliminary budget.
During the Council's review of the budget, Finance Director Copeland and City Manager
Bakaly responded to Council questions, and staff was directed to return to the next
budget workshop with further information on various revenue topics including:
• Sales tax,
• Transient occupancy tax (TOT) rate,
• Parking meter rates,
• City investment guidelines, and
• Taxi franchise fees.
Council's review of individual department budgets ensued, with discussion on specific
expenditures. With regard to the City Council's budget (beginning on page 82), there
was Council consensus to continue using the current strategic plan consultant/facilitator,
citing the high quality of the documents produced. There was also consensus to direct
staff to bring back, as part of the Mid -Year Budget Review, detailed information about
• current Council benefits and travel expenses. The Council review of the department
budget requests concluded this evening with the City Clerk's department (page 91).
City Council Minutes 05-22-14 Page 13977
Review of 5 -Year Capital Improvement Plan.
• This item was continued to the next Budget Study Session scheduled for June 10, 2014.
Sewer System, Upgrade and Annexation to County. Supplemental Sewer Study
Report received May 22, 2014.
This item was continued to the next Budget Study Session scheduled for June 10, 2014.
•
•
ADJOURNMENT — The Adjourned Regular Meeting of the City Council of the City of
Hermosa Beach adjourned on Thursday, May 22, 2014, at the hour of 11:30 p.m. to the
Regular meeting of Tuesday, May 27, 2014, beginning with a Closed Session at 6:00
p.m.
7S
City Council Minutes
05-22-14 Page 13978
• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, May 27, 2014, at the hour of 6:04 p.m.
•
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public
to address the City Council on Closed Session items.
2. APPROVAL OF MINUTES:
a. Approval of minutes of Closed Session meeting held on April 8, 2014.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
4. CONFERENCE WITH LEGAL COUNSEL
Existing Litigation: Government Code Section 54956.9(d)(1)
a. Name of Case: Chaz Curtis v. City of Hermosa Beach, et al
Los Angeles County Superior Court, Case No.: BC525796
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 7:10 p.m.
PLEDGE OF ALLEGIANCE — Police Officer Mick Gaglia
ROLL CALL:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
CLOSED SESSION REPORT — City Attorney Jenkins said no public comments had
been received before Council went into Closed Session; the topics of discussion
were pending litigation and the City Manager's performance evaluation; and no
reportable actions had been taken on either item.
III ANNOUNCEMENTS — Councilmember Fangary (1) invited everyone to the joint City
Council/Hermosa Beach School Board meeting tomorrow at 7:00 p.m. in Chambers;
(2) said he would attend the South Bay Medal of Valor luncheon on May 29, at which
City Council Minutes 05-27-14 Page 13979
•
•
•
Hermosa Police Officer Mick Gaglia would be honored with a Distinguished Service
award; and (3) remarked on his recent weekend evening ride -along with Sergeant
Steve Saylor, noting that Hermosa Police do a great job keeping the City safe.
Councilmember Petty invited everyone to a community input event hosted by Bolour
Associates, the development group that bought the Strand and Pier property; and
urged everyone to vote on June 3, specifically on Measure 42, which would halt
partial reimbursement to California cities responding to Public Records Requests.
Councilmember Tucker invited everyone to the June 14/15 Art Walk at the
Community Center, which will feature over 100 artists; and asked to adjourn
tonight's meeting in memory of Cliff Kenney, Hermosa resident and member of the
Veterans Are Timeless Committee.
Mayor DiVirgilio said Los Angeles County is struggling to find enough poll volunteers
for the June 3 Election and said more information about volunteering can be found at
www.lavote.net; and announced the June 5 Hermosa launch of car2go, with
registration online at www.la.car2go.com where the code SURF gets free
registration.
PROCLAMATIONS/PRESENTATIONS
OFFICER MICK GAGLIA TO BE HONORED WITH
THE "DISTINGUISHED SERVICE AWARD" AT THE
MEDAL OF VALOR AWARDS CEREMONY ON MAY 29, 2014
Mayor DiVirgilio presented the proclamation to Officer Gaglia, a 15 -year Hermosa
Police Department employee, and detailed his heroic efforts in saving the life of an
87 -year-old South Bay resident.
PUBLIC PARTICIPATION:
1. ORAL AND WRITTEN COMMUNICATIONS
Coming forward to address the Council at this time were:
Sandi Pfister — Hermosa Beach, said she and other real estate brokers were
upset by the City's removal of "open house" signs from the sidewalks
on weekends; urged the Council to adopt a more business -friendly
Code amendment to allow such signs for perhaps eight hours per day;
David Kissinger — South Bay Association of Realtors, echoed Ms. Pfister's
concerns regarding the City's Sign Code, noting there is often nowhere
else to place the signs; urged the Council to discuss this matter;
Erica Florez — Hermosa Beach, asked the Council to deny Consent Calendar
item 2(g) because the applicant requesting the disabled parking space
does not live at the subject address;
Isabella Bacallao — Hermosa Beach, spoke in opposition to the oil project;
encouraged other South Bay children to speak at the Hermosa Council
meetings so their opinions can be heard even though they cannot vote;
City Council Minutes 05-27-14 Page 13980
•
•
SaraJane Bacallao — Hermosa Beach, spoke (in rhyme) in opposition to the
oil project due to its potential impacts; and
Justin Schnuelle — Hermosa Beach, asked that Consent Calendar item 2(h)
be removed if the Council would care for more detail on the item.
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: Fangary: 2(g), (j) and (n);
Barragan 2(b), (h), (i) and (m).
Motion Petty, second Tucker. The motion carried by a unanimous vote.
At 7:44 p.m., the order of the agenda moved to item 5(a).
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Minutes of the Adjourned Regular meeting held on January 28, 2014 at
the hour of 5:32 p.m.; and,
2) Minutes of the Regular meeting held on January 28, 2014 at the hour of
7:13 p.m.
Action: To approve as presented the minutes of the City Council's Adjourned
Regular Meeting of January 28, 2014 and Regular meeting of January 28,
2014.
(b) RECOMMENDATION TO RATIFY CHECK REGISTERS AND TO
APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED
BY THE CITY TREASURER.
1) May 8, 2014: Nos. 14508, 73796 through 73830, and 5052014.
2) May 14, 2014: No. 73831.
3) May 15, 2014: Nos. 14515, 73832 through 73884, and 145993; and
CANCELLATION OF CHECK No. 73640.
The Check Register of May 15, 2014 was removed from the Consent
Calendar by Councilmember Barragan for separate discussion later in the
meeting, but was subsequently continued to the meeting of June 10, 2014.
Action: To ratify the Check Registers of May 8, 2014, and May 14, 2014,
and approve the cancellation of Check No. 73640
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE
AGENDA ITEMS.
• Action: To receive and file the tentative future agenda items.
City Council Minutes
05-27-14 Page 13981
(d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2014
•
FINANCIAL REPORTS:
1) Revenue and Expenditure Report;
2) Cash Balances Report; and
3) City Treasurer's Report.
Action: To receive and file the March 2014 Financial Reports (Revenue and
Expenditure Report; Cash Balances Report; and City Treasurer's Report).
(e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING
OF MARCH 3, 2014.
(f)
• (g)
•
Action: To receive and file the action minutes of the Emergency
Preparedness Advisory Commission Meeting of March 3, 2014.
RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF
THE PLANNING COMMISSION MEETING OF MAY 20, 2014.
Action: To receive and file the action minutes of the Planning Commission
Meeting of May 20, 2014.
RECOMMENDATION TO APPROVE THE REQUEST FOR A DISABLED
PARKING SPACE AT 823 MONTEREY BOULEVARD. Memorandum from
Public Works Director Frank Senteno dated May 19, 2014. Supplemental
letter from Erica Florez received May 27, 2014.
This item was removed from the Consent Calendar by Councilmember
Fangary for separate discussion later in the meeting, but was subsequently
continued to the meeting of June 10, 2014.
(h) RECOMMENDATION TO RECEIVE AND FILE THE UPDATE ON STATE
DROUGHT MANAGEMENT ACTIONS REPORT. Memorandum from
Community Development Director Ken Robertson dated May 20, 2014.
(I)
This item was removed from the Consent Calendar by Councilmember
Barragan for separate discussion later in the meeting, but was subsequently
continued to the meeting of June 10, 2014 to allow for a brief presentation.
RECOMMENDATION TO APPROVE AN AMENDMENT TO A CONTRACT
TO PROVIDE PROFESSIONAL SERVICES FOR HISTORICAL
RESOURCES CONSULTING WITH PCR SERVICES CORP. - EXTENDING
TERM AND MODIFYING COMPENSATION RATES; AND DIRECT THE
CITY MANAGER TO EXECUTE SAID AMENDMENT. Memorandum from
Community Development Director Ken Robertson dated May 20, 2014.
City Council Minutes
05-27-14 Page 13982
•
This item was removed from the Consent Calendar by Councilmember
Barragan for separate discussion later in the meeting, but was subsequently
continued to the meeting of June 10, 2014.
0) RECOMMENDATION TO APPROVE 2014 SPECIAL EVENTS CALENDAR.
Memorandum from Assistant to the City Manager Diane Strickfaden dated
May 27, 2014.
This item was removed from the Consent Calendar by Councilmember
Fangary for separate discussion later in the meeting, but was subsequently
continued to the meeting of June 10, 2014.
(k) RECOMMENDATION TO AUTHORIZE THE PURCHASE AND
INSTALLMENT OF A "LANELIGHT" IN -PAVEMENT PEDESTRIAN
CROSSWALK FLASHER SYSTEM BY NEXTECH SYSTEMS INC. ON PIER
AVENUE AT 3 LOCATIONS: CYPRESS AVENUE, MANHATTAN AVENUE,
LOMA DRIVE IN THE AMOUNT OF $43,048.00; AUTHORIZE THE PUBLIC
WORKS DIRECTOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE PURCHASE CONTRACT SUBJECT TO APPROVAL BY THE CITY
ATTORNEY; AUTHORIZE THE TRANSFER OF $8,749.00 FROM 001-8651
ACCOUNT TO THE PROJECT ACCOUNT; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS
NECESSARY WITHIN THE CONTINGENCY OF $4305.00. Memorandum
from Public Works Project Manager G. Daniel Ojeda dated May 20, 2014.
(I)
Action: To approve the staff recommendation to:
1) Authorize the purchase and installment of a "lanelight" in -pavement
pedestrian crosswalk flasher system by Nextech Systems Inc. on Pier
Avenue at 3 locations: Cypress Avenue, Manhattan Avenue, Loma Drive,
in the amount of $43,048.00;
2) Authorize the Public Works Director to execute and the City Clerk to attest
the Purchase Contract subject to approval by the City Attorney;
3) Authorize the transfer of $8749.00 from 001-8651 Account to the Project
Account; and
4) Authorize the Director of Public Works to make minor changes as
necessary within the contingency of $4305.00.
RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT
TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
Assistant to the City Manager Diane Strickfaden dated May 19, 2014.
CLAIMANT:
DATE OF LOSS:
DATE FILED:
ALLEGATION:
PONTRELLI, VERNA
04-28-14
05-08-14
PERSONAL INJURY
Action: To deny the above -noted claim and refer it to the City's Liability
Claims Administrator, as recommended by staff.
City Council Minutes 05-27-14 Page 13983
• (m)
•
RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS
REPORT. Memorandum from Public Works Director Frank Senteno dated
May 15, 2014.
This item was removed from the Consent Calendar by Councilmember
Barragan for separate discussion later in the meeting, but was subsequently
continued to the meeting of June 10, 2014.
(n) RECOMMENDATION TO RECEIVE AND FILE THE PCH/AVIATION
BEAUTIFICATION (MOBILITY IMPROVEMENTS) UPDATE REPORT.
Memorandum from Public Works Associate Engineer Mondher Saied dated
May 20, 2014. Supplemental letter from Howard Longacre received May 27,
2014.
This item was removed from the Consent Calendar by Councilmember
Fangary for separate discussion later in the meeting.
City Manager Bakaly presented the staff report and responded to Council
questions.
Coming forward earlier in the meeting to address the Council on this item was:
Jim Sullivan - Hermosa Beach, noted that the PCH/Aviation project is largely
unfunded.
Action: To approve the staff recommendation to:
1) Receive and file the PCH/Aviation Beautification (Mobility Improvements)
Update Report; and
2) Authorize the City Manager to sign the attached letter by May 30, 2014,
requesting South Bay Cities Council of Governments (SBCCOG) South
Bay Highway Program (SBHP) 2015 Metropolitan Transit Authority (MTA)
Call for Projects (CFP) project development funding, the CFP required
local match, and/or technical assistance from the SBHP technical bench.
Motion Barragan, second Tucker. The motion carried by a unanimous vote.
3. CONSENT ORDINANCES - None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Item 2(n) was heard at this time but is shown in order for clarity. Items 2(b),
(g), (h), (i), (j), and (m) were subsequently continued to the meeting of June
10, 2014, for separate Council discussion.
Public comments on items removed from the Consent Calendar are shown
• under the appropriate item.
At 1:38 a.m., after acting on item 2(n), the order of the agenda moved to item 9.
City Council Minutes 05-27-14 Page 13984
• 5. PUBLIC HEARINGS
•
(a) TEMPORARY REGULATION AUTHORIZING THE ERECTION OF
EXTENDED TEMPORARY SIGNS BY AUTOMOBILE DEALERS FOR A
ONE-YEAR PERIOD AND SUPERSEDING ANY PROVISIONS OF THE
ZONING ORDINANCE INCONSISTENT THEREWITH AND DETERMINE
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT — INTRODUCTION OF ORDINANCE.
Memorandum from Community Development Director Ken Robertson dated
May 20, 2014.
Community Development Director Robertson presented the staff report and
responded to Council questions.
The public hearing opened at 7:46 p.m. Coming forward to address the Council on
this item was:
Andrea Jacobsson — Hermosa Beach, owner JAMA Autohaus, urged the
Council to adopt the Ordinance; said the banners displayed by her
business could simply be deemed permanent (because of their quality)
by the City, which would eliminate the problem.
The public hearing closed at 7:48 p.m.
Action: To approve the staff recommendation to:
1) Introduce Ordinance No. 14-1347, entitled "AN ORDINANCE OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE
ERECTION OF EXTENDED TEMPORARY SIGNS BY AUTOMOTIVE
DEALERS FOR A ONE-YEAR PERIOD AND SUPERSEDING ANY
PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT
THEREWITH"; and
2) Determine the project is Categorically Exempt from the California
Environmental Quality Act.
Motion Petty, second Tucker. The motion carried 4-1, noting the dissenting
vote of Fangary.
6. MUNICIPAL MATTERS
a. STATUS REPORT ON E&B'S PROPOSED OIL DRILLING AND
PRODUCTION PROJECT, CONSIDERATION OF WHETHER TO EXPAND
THE SCOPE OF THE COST BENEFIT ANALYSIS, SCHEDULE FOR
AVAILABILITY OF FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND
PUBLIC HEARINGS, AND POSSIBLE DIRECTION TO SUBCOMMITTEE
REGARDING THE DEVELOPMENT AGREEMENT NEGOTIATIONS.
Memorandum from Community Development Director Ken Robertson dated
May 19, 2014. Supplemental emails: from Tom Morley dated May 22, 2014;
from Barbara Guild received May 26, 2014; and from Lael Stabler received
May 27, 2014.
City Council Minutes 05-27-14 Page 13985
•
•
•
This item was divided into four sections for clarity: 1) Cost Benefit Analysis
(CBA); 2) Health Impact Assessment (HIA); 3) Environmental Impact Report
(EIR); and 4) Development Agreement (DA).
1) COST BENEFIT ANALYSIS
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.
Larry J. Kosmont, President and CEO of Kosmont Companies, presented
additional costs and timeframes required to complete other potential aspects
of the Cost Benefit Analysis (CBA). He and Kosmont Senior Vice President
Wil Soholt responded to Council questions.
Coming forward to address the Council on this item were:
Tom Morley — said Kosmont should review all new information, such as
the newly -released original well -drilling core data from the City
Yard site; said multiple professional opinions, including the trial
expert testimony, should be included in the CBA; and
Lauren Pizer-Mains — questioned the CBA's calculations of E&B's yield
due to limitations imposed in the draft Environmental Impact
Report; requested clarification on Monterey shale extraction;
said both Redondo Beach oil production data and a review of
pre-trial expert testimony could be valuable.
Proposed Action: To direct that Kosmont include Redondo Beach oil
production data in the final CBA.
Motion Barragan, second Fangary. The motion failed, due to the dissenting
votes of Petty, Tucker and Mayor DiVirgilio.
Action: To direct that Kosmont evaluate the newly -released original well -
drilling core data from the City Yard site to determine the need to include an
update/supplement in the CBA's final version (additional cost of $10,000).
Motion Barragan, second Fangary. The motion carried by a unanimous vote.
Proposed Action: To direct that Kosmont include as a line item in Table 3,
page 26 of the CBA, the actual volume of oil recovered in Redondo Beach for
comparison purposes to the production estimates listed in the table.
Motion Barragan, second Fangary. The motion was subsequently withdrawn
and replaced with the following motion.
Proposed Action: To direct that Kosmont remove from Table 3, page 26 of
the CBA, the Morris and Hacker estimated production numbers, and add a
footnote stating the actual volume of oil recovered in Redondo Beach with an
explanation of why the data is not included for comparison purposes.
City Council Minutes 05-27-14 Page 13986
Motion Barragan, second Fangary. The motion failed, due to the dissenting
•
votes of Petty, Tucker and Mayor DiVirgilio.
Proposed Action: To direct staff to report back at the next Council meeting
with a cost estimate, scope of work, and a time schedule for an independent
appraisal entity to perform a more detailed property -value analysis of potential
impacts based on the oil production and drilling project.
Motion Fangary, second Barragan. The motion failed, due to the dissenting
votes of Petty, Tucker and Mayor DiVirgilio.
Proposed Action: To direct that Kosmont Companies evaluate and respond
to all public comments received, and incorporate all of the comments and
responses into the final CBA.
Motion Fangary, second Barragan. This motion was stayed, pending the
outcome of the following substitute motion.
Proposed Substitute Action: To direct staff to consolidate the 300 public
comments on the CBA into a smaller, more manageable number, and to
report back sooner than 60 days with responses to those comments, at a
lower cost than the $30,000 proposed by Kosmont for this work.
Motion DiVirgilio, second Petty. The motion was subsequently withdrawn.
Further Action: The above main motion, to direct Kosmont to evaluate and
respond to public comments for inclusion in the final CBA (for an additional
cost of $30,000), was restated to include direction to staff to work with the
consultant to pare down the number of comments requiring a response.
The motion carried, noting the dissenting vote of Petty.
Final Action: To direct Kosmont to review the pre-trial expert testimony from
prior litigation, evaluating its correlation to estimates and conclusions in the
draft CBA, with inclusion in the final document as may be appropriate (for an
additional cost of $10,000).
Motion Fangary, second Barragan. The motion carried 3-2, noting the
dissenting votes of Petty and DiVirgilio.
City Manager Bakaly clarified the action taken is $50,000 (not including
current overages) to Kosmont for review of the pre-trial testimony, review of
the original well drilling core data from the City Yard, and response to public
comments regarding the draft CBA.
At 10:03 p.m. the meeting recessed.
At 10:16 p.m. the meeting reconvened.
At this time, due to the lateness of the hour, it was the consensus of the Council to
hear item Municipal Matter Item 6.b. tonight, along with Items 2(j) and 2(n), which
had been removed from the Consent Calendar for discussion. There was further
consensus to table the remaining pulled Consent Calendar items and agendize them
for discussion at the meeting of June 10, 2014.
City Council Minutes 05-27-14 Page 13987
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At 10:22 p.m., it was the consensus of the Council to allow public comments at this
time on agenda items 2(j), 2(n) and 6.b., since those items would be heard much
later in the meeting. All comments are shown under the appropriate item for clarity.
The speakers who came forward to address the Council were:
Jim Sullivan - Hermosa Beach, spoke to item 2(n);
Bob Shaw - Hermosa Beach, spoke to item 6.b.; and
Barbara Ellman - Hermosa Beach, also spoke to item 6.b.
At 10:28 p.m., the Council resumed its consideration of agenda item 6a.
2) HEALTH IMPACT ASSESSMENT
Dr. Mary McDaniel, Principle Intrinsik Environmental Sciences, Inc., was
invited forward to answer Council questions regarding her firm's withdrawal
and impending re -issue of the Health Impact Assessment. She said Intrinsik
was working closely with consultants and the company that just acquired her
firm, adding that the revised report will be peer-reviewed at Intrinsik's
expense before it is presented to the public.
Coming forward to address the Council at this time were:
Bob Shaw - Hermosa Beach, said pollution from the oil drilling and
production project would be nominal;
Joe Galliani - Torrance resident/South Bay 350 Climate Action Group, cited a
South Los Angeles oil field where Environmental Protection Agency
(EPA) employees had been sickened; said the actual oil produced is a
pollutant when used/burned;
Jose Bacallao - Hermosa Beach, said the revisions are in the best interest of
residents; and
Jim Sullivan - Hermosa Beach, spoke to a previous speaker comments about
an oil field project being sued, noting that it would be active again after
settling with the EPA and investing in improvements to the operation.
3) ENVIRONMENTAL IMPACT REPORT
Director Robertson said (1) the final EIR (including all public comments/
questions and consultant responses) would be available June 9 in hard copy
as well as on the City's website; (2) a Planning Commission certification
hearing is slated for June 23; (3) the Council's certification of the final EIR is
scheduled for July 8; (4) on July 22 the Council will consider adoption of a
resolution (and approval of the Development Agreement) to place the oil
drilling and production project on the ballot; and (5) recommend the date of
June 18 for a joint City Council/Planning Commission EIR study session,
where the consultants can discuss the final document in more detail.
Action: To conduct a joint study session on June 18, 2014, with the Planning
Commission, regarding the final EIR.
Motion Barragan, second Fangary. The motion carried by a unanimous vote.
City Council Minutes 05-27-14 Page 13988
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4) DEVELOPMENT AGREEMENT
City Manager Bakaly said the Development Agreement (DA) team had met
with E&B representatives once since the last Council meeting, noting that the
discussion had included the following:
➢ Concerns about the draft EIR;
➢ A public process to determine the use of any revenues should the ban
be lifted;
➢ Soil remediation costs as the sole responsibility of E&B;
➢ Advances for temporary and permanent relocations of the City Yard;
➢ More specificity regarding matching funds;
➢ Clarification that the reimbursement fund for nearby property owners
would be available during the entire drilling process; and
➢ A restriction on fracking.
City Manager Bakaly then said the next DA meeting will take place Monday,
June 2; announced that an oil attorney had been selected; and that an early
draft of the DA would be ready for the June 10 Council meeting. He and City
Attorney Jenkins responded to Council questions.
Coming forward to address the Council on this item were:
Barbara Ellman - Hermosa Beach, said fracking should be forbidden in the
DA; said the property value reimbursement fund amount should be
clear; spoke of gray areas in the DA regarding Tidelands Trust funds;
Tom Morley - Redondo Beach, said the Council is being misled by the CBA
which he believed was based on incomplete/inaccurate information;
Isabel Rodriquez - Hermosa Beach, offered assistance with beautifying the
City Yard with donated plants and the help of volunteers;
Jose Bacallao - Hermosa Beach, said he hoped for cooperation between the
City and E&B to get the measure on the ballot in November;
Lael Stabler - Hermosa Beach, referenced her letter; said that any profits
derived from the Tidelands goes into a trust and the City has no right to
determine how that money is spent; and
Kevin Sousa - Hermosa Beach, said any literature put out by his anti -oil
project group has an official seal and logo and is factually based.
Councilmembers provided direction to the subcommittee pertaining to
negotiation points of the Development Agreement, requesting that future
discussions include: (1) setbacks, (2) the protection of neighbors, (3) damage
to City streets, and (4) clarification of the tidelands issue, with an opinion from
the newly -selected oil/gas attorney as well.
At 1:02 a.m., it was the consensus of the Council to table pulled Consent Calendar
item 2(j), to be brought back to the June 10 meeting for discussion. The Council
then moved to the next item, Municipal Matter 6.b.
City Council Minutes
05-27-14 Page 13989
b. APPROVE FINAL CONCEPT DESIGN FOR PROJECT NO. CIP 11-537
• SOUTH PARK PHASE 1 IMPROVEMENTS - PLAYGROUND
REMODEL. Memorandum from Assistant to the City Manager Diane
Strickfaden dated May 27, 2014. Supplemental letter from Virginia Shaal
received May 27, 2014.
•
Assistant to the City Manager Strickfaden presented the staff report and
responded to Council questions.
Steve Lang, Landscape Architect/Principal, Moore lacofano Goltsman, Inc.
(MIG) gave a PowerPoint presentation outlining proposed project features
and addressing project concerns. He also responded to Council questions.
Public comment for this item was received earlier in the evening during discussion of
item 6(a), but is shown here for clarity. Coming forward to address this item were:
Bob Shaw — Hermosa Beach, said the South Park Renovation is overkill and
would benefit adults more than children; said the park would look
better if the grass was kept up; and
Barbara Ellman — Hermosa Beach, expressed concerns about parking, with
only one way in and one way out of the parking lot; spoke of greater
problems if the park becomes more popular.
Action: To approve the final concept design for the South Park Natural
Playground Project.
Motion Tucker, second Barragan. The motion carried by a unanimous vote.
At 1:30 a.m., the order of the agenda moved to item 2(n).
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER — None
8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS -
CITY COUNCIL — None
9. OTHER MATTERS - CITY COUNCIL
a. Supplemental request from Councilmember Petty to agendize the issue
of meeting management at a future meeting.
Councilmember Petty spoke to her request.
Action: To direct staff to agendize discussion of meeting management at a
future meeting.
Motion Petty, supported by Tucker and Mayor DiVirgilio.
b. Supplemental request from Councilmember Barraqan to agendize
• discussion of a temporary enforcement reprieve from the City's
sign Code in an effort to be more business friendly.
City Council Minutes 05-27-14 Page 13990
Councilmember Barragan spoke to her request. City Attorney Jenkins
• responded to Council questions.
•
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Action: To direct staff to return with a preliminary discussion regarding a
temporary enforcement reprieve from the City's sign Code in an effort to be
more business friendly.
Motion Barragan, with support from Mayor DiVirgilio.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned, in memory of Cliff Kenney, on Wednesday, May 28, 2014, at the
hour of 1:50 a.m., to a joint City Council/Hermosa Beach School Board meeting on
Wednesday, May 28, 2014, at 7:00 p.m. in Council Chambers.
(.A
Deputy City Clerk
City Council Minutes 05-27-14 Page 13991
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
• of the City of Hermosa Beach, California, held on Wednesday, May 28, 2014, at the
hour of 7:03 p.m. (for the purpose of conducting a joint meeting with the Hermosa
Beach School District Board of Trustees)
PLEDGE OF ALLEGIANCE - Mayor DiVirgilio
ROLL CALL:
Hermosa Beach City Council:
Present: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
Absent: None
Hermosa Beach School District Board of Trustees:
Present: Beste, Bove-Lamonica, Campbell, Claypoole, President Ackerman
Absent: None
Also present were City Manager Bakaly, City Attorney Jenkins, Assistant to the City
Manager Strickfaden, Fire Chief David Lantzer, Superintendent Escalante, and
members of the Facilities Planning Advisory Commission.
1. PUBLIC PARTICIPATION:
Coming forward at this time were:
Marie Rice - Hermosa Beach, said North School is not the only option for a
new campus; said Valley Park is the City's best and most popular park
and consideration of using it for parking must be carefully weighed;
Mivo Prassas - Hermosa Beach, said the Facilities Planning Advisory
Commission was given no options by the District except for remodeling
or rebuilding North School despite the drawbacks;
George Schmeltzer - Hermosa Beach, presented background on ownership
of City parks and the Community Center; stressed the importance of
the City and the District working together, noting the availability of
more options today than 30+ years ago;
Greg Tylka - Hermosa Beach, questioned how a "green" city could consider
paving over a portion of Valley Park; said there are better options;
Dean Nota - Hermosa Beach, said his neighborhood has endured many
initiatives including some incorrect zoning changes; agreed with the
previous speaker's comments; said putting a parking lot at Valley Park
is absurd and would lead to additional congestion;
Joann Shaw - Hermosa Beach, said she and her neighbors are distressed
that plans address limiting traffic on 25th and 27th streets, with no
mention of 26th Street or 27th alley, which are used by commuters to
get to Artesia; said adding more cars in that area would be dangerous;
Kemper Shaw - Hermosa Beach, said morning commuter traffic at Gould and
Valley is already backed up, so adding more cars in that area would be
a nightmare; added that if the new parking lot in Option B is left open
on weekends, people will park there to go to bars and to the beach;
City Council Minutes 05-28-14 Page 13992
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Chris Miller - said lots were purchased adjacent to Hermosa schools long ago
to create the parks existing today; expressed concern that resources
were being overlooked; felt the decision was being rushed;
Monique Ehsan - Hermosa Beach resident/Facilities Planning Advisory
Commission chair; said North School offers the most value and traffic
will be an issue regardless; urged creative short term solutions to
overcrowding, like leasebacks;
Linsey Miller - Hermosa Beach, asked if traffic studies had been conducted
with regard to Options B, C and D; expressed disappointment that the
Community Center was not an option for school expansion;
Victor Arizpe - Hermosa Beach, opposed taking land away from Valley Park
to make a parking lot; said other options should be considered;
James Scott - Hermosa Beach, said the plan is designed to focus on the
children and their needs; said North School is the best and most
expedient option, despite any traffic/parking problems; and
Julie Arizpe - Hermosa Beach, expressed dismay at the thought of having
part of Valley Park paved over for parking at North School.
2. REPORT ON JOINT EFFORTS OF THE CITY OF HERMOSA BEACH AND
THE HERMOSA BEACH CITY SCHOOL DISTRICT TO PROVIDE
SUPPORT FOR TOP QUALITY SCHOOLS WITHIN THE DISTRICT.
Memorandum from School District Superintendent Patricia Escalante and City
Manager Tom Bakaly dated May 22, 2014. Supplemental Memorandum from
Assistant to the City Manager Diane Strickfaden dated October 8, 2013.
Supervisor Escalante said both Hermosa View and Hermosa Valley schools
were recently recognized as California Distinguished Schools; described the
makeup of the City/School COMPACT group; said there are other options for
relocating District offices, such as South Park.
City Manager Bakaly stressed the importance of community input and the
need for collaboration between the District and the City; said the South Park
site might be the most expedient and least expensive short-term solution for
the District offices, a move that would also open up space at Valley School.
Comments/suggestions from members of the City Council, School Board and
staff included:
o South Park site is not a viable option for classrooms;
o Currently six portable classrooms are in use at Valley School;
o Quick check-in for parents is desired;
o More programs for special -needs children are needed;
o There are concerns that the South Park solution is merely a Band-Aid;
o The Board has focused on District -owned property, such as North School;
o California has restrictive guidelines for educational facilities; and
o The District must own or lease school property to receive certain funding.
111 City Attorney Jenkins responded to questions.
City Council Minutes 05-28-14 Page 13993
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3. REPORT ON HERMOSA BEACH CITY SCHOOL DISTRICT FACILITIES
(a) OVERVIEW OF CURRENT HBCSD FACILITIES NEEDS. Attachments: (1)
Title 5, California Code of Regulations; (2) Hermosa Beach City Elementary
School Facility Program/District Funding summaries.
For clarity, this item has been combined with item (b) below, as both were
discussed at the same time by the consultants.
(b) SUMMARY OF LONG-TERM MASTER FACILITIES PLAN PREPARED BY
GKKWORKS.
GGKWorks Senior Project Manager Blair Ripplinger and Design Director
Edmond Einy presented an overview of current HBCSD facilities needs, as
well as a summary of the Long -Term Master Facilities Plan.
Comments/suggestions from the consultants:
o Outreach to stakeholders included questionnaires;
o Needs were assessed based on capacity;
o The firm is working to create a master facilities plan, not building design,
with options ranging from a simple two -school approach to much more
complicated approaches; and
o All facilities/work must be within the California School Code, Title 5.
The consultants presented plans, discussed all five options, noting the
advantages and disadvantages of each, and responded to questions.
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa
Beach adjourned on Wednesday, May 28, 2014, at the hour of 9:59 p.m., to an
Adjourned Regular meeting for the purpose of conducting a budget study session on
Tuesday, June 10, 2014, at 5:00 p.m., to be followed by the Regular meeting of the
same date, scheduled to begin at 7:00 p.m.
City Clerk
Deputy City Clerk
City Council Minutes
05-28-14 Page 13994