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Home My WebLink About09.17.2018City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Regular Meeting Minutes Monday, September 17, 2018 6:00 PM Closed Session - 6:00 PM Open Session - 7:00 PM Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey City Council Adjourned Meeting Minutes September 17, 2018 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS - ROLL CALL 6:01 p.m, Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None PUBLIC COMMENT - None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM - 6:02 p.m. 18-0553 MINUTES: Approval of minutes of Closed Session held on August 28, 2018. 2. 18-0554 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) 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. Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al United States District Court Case No. 2:18-cv-5810 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: Airspace at 51 Pier Avenue (Loreto Plaza) City Negotiator: City Manager Negotiating Party: Pierside Properties, LLC Under Negotiation: Price and Terms of Payment for Lease of Airspace RECESS TO OPEN SESSION IN COUNCIL CHAMBERS - 7:05 p.m. City of Hermosa Beach Approved on 09/25/2018 Page 2 of 10 City Council CALL TO ORDER - Adjourned Meeting Minutes September 17, 2018 7:00 P.M. - REGULAR AGENDA 710 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None CLOSED SESSION REPORT City Attorney Jenkins reported no public comments received, one item (real property negotiations) added to the Closed Session agenda as item 3, and no reportable actions. ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS a) 18-0563 PRESENTATION FROM LOS ANGELES COUNTY WEST VECTOR & VECTOR-BORNE DISEASE CONTROL DISTRICT EXECUTIVE DIRECTOR, ROBERT SAVISKAS M.S., R.E.H.S. (Agenda Item 7(a) had been moved forward by the City Council to follow the above presentation and was heard at this time, but is shown in order for clarity.) MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Lowenthal gave a brief update on the dra E R fo he Strand and Pier Project. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: (During Oral Communications, two young girls submitted to the City Clerk a petition containing 112 signatures against the use of South Park for the proposed infiltration project.) 2. CONSENT CALENDAR: Action: To approve consent calendar items 2(a) through 2(f), with the exception of the following item, which was removed for separate discussion later in the meeting: 2(c) Fangary. Motion Campbell, second Armato. The motion carried by a unanimous vote. City of Hermosa Beach Page 3 of 10 Approved on 09/25/2018 City Council Adjourned Meeting Minutes September 17, 2018 2a) REPORT CITY COUNCIL MEETING MINUTES 18-0558 (City Clerk Elaine Doerfling) Attachments: 1. 112817 Req mtq 2. 020718 Adi Req mtq 3. 021318 Req mtg 4. 022718 Req mtg 5. 030318 Adi Req (retreat) Action: To approve the above -listed minutes. 2b) REPORT 18-0538 Attachments: 1. 08-23-18 2. 08-30-18a 3. 08-30-18b CHECK REGISTERS (Finance Director Viki Copeland) Action: To ratify the above -listed check registers. 2c) REPORT 18-0542 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 7, 2018 Attachments: PR Minutes 08.07.2018.pdf Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 7, 2018. Motion Fangary, second Mayor Duclos. The motion carried by a unanimous vote. 2d) REPORT REAPPROPRIATION OF FUNDS FROM 2017-18 TO 2018-19, 18-0539 REVENUE REVISIONS RELATED TO THE REAPPROPRIATIONS (Finance Director Viki Copeland) Attachments: 1. Budget Reappropriation from 2018-19 2. 2018 Revenue Related to budget reappropriation Action: To: 1) Re -appropriate the amounts in Exhibit A to the FY 2018-19 Budget; and 2) Approve revenue revisions related to the re -appropriations in Exhibit B. {Totals by fund are highlighted in the exhibits. The General Fund amount is $383, 022.} 2e) REPORT 18-0541 City of Hermosa Beach RESOLUTION ESTABLISHING FINES FOR VIOLATION OF PROPERTY OWNER OCCUPANCY REQUIREMENTS OF THE STATE -MANDATED ACCESSORY DWELLING UNIT ORDINANCE (Planning Manager Kim Chafin) Page 4 of 10 Approved on 09/25/2018 City Council Attachments: Adjourned Meeting Minutes September 17, 2018 1. DRAFT Resolution Establishing ADU fines 2. Link to City Council Meeting of 8-28-18 3. Link to City Council Meeting of 7-24-18 4. Link to Planning Commission Meeting of 6-25-18 Action: To adopt Resolution No. 18-7144, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING FINES FOR VIOLATION OF PROPERTY OWNER OCCUPANCY REQUIREMENTS OF THE STATE - MANDATED ACCESSORY DWELLING UNIT ORDINANCE; AND TO ADD THESE FINES TO THE MASTER FEE RESOLUTION." 2f) REPORT APPROVAL OF THE PROPOSED ONE -DAY SOUTH BAY FILM 18-0163 AND MUSIC FESTIVAL EVENT, TENTATIVELY SCHEDULED FOR DECEMBER 8, 2018, INCLUDING FACILITY USE FEE WAIVERS; MONETARY SUPPORT OF UP TO $1500; A REVENUE SHARE OF 40% AFTER EVENT COSTS ARE RECOVERED; AND A REQUIRED POST -EVENT PRESENTATION TO THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION (Community Resources Manager Kelly Orta) Attachments: SBFMFAttachment 1.pdf Action: To: 1) Approve the one -day event, tentatively scheduled for December 8, 2018, as proposed by John Fitzgerald (South Bay Film and Music Festival); 2) Provide monetary support in the amount of $1,500 which shall be matched by John Fitzgerald and be used toward event production costs; 3) Approve fee -waivers for facility rental costs associated with use of the Community Theatre for the one -day event; 4) Approve a revenue share of 40%, payable to the City, after direct costs are recovered by John Fitzgerald; and 5) Approve a required post -event presentation to the Parks, Recreation and Community Resources Advisory Commission. CONSENT ORDINANCES 3a) REPORT ORDINANCE NO. 18-1386 - "AN ORDINANCE OF THE CITY OF 18-0559 HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 12.28.090 AND 12.28.100 OF TITLE 12 (STREET, SIDEWALKS, AND PUBLIC PLACES) OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW SCOOTERS IN PUBLICALLY OWNED OR OPERATED SKATEBOARD FACILITIES" (City Clerk Elaine Doerfling) Attachments: 18-1386 (Allow Scooters) City of Hermosa Beach Page 5 of 10 Approved on 09/25/2018 City Council Adjourned Meeting Minutes September 17, 2018 Action: To waive full reading and adopt by title Ordinance No. 18-1386, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 12.28.090 AND 12.28.100 OF TITLE 12 (STREET, SIDEWALKS, AND PUBLIC PLACES) OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW SCOOTERS IN PUBLICALLY OWNED OR OPERATED SKATEBOARD FACILITIES. " Motion Armato, second Massey. The motion carried by a unanimous vote. 3b) REPORT ORDINANCE NO. 18-1387 - "AN ORDINANCE OF THE CITY OF 18-0560 HERMOSA BEACH, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE HERMOSA BEACH MUNICIPAL CODE TO TEMPORARILY PROHIBIT SHARED MOBILITY DEVICES FROM BEING: OFFERED FOR USE ANYWHERE IN THE CITY; PLACED IN ANY PUBLIC RIGHT-OF-WAY OR PUBLIC PROPERTY; OR OPERATED ON ANY PUBLIC PROPERTY OR RIGHT-OF-WAY IN THE CITY; AND AMENDING TITLE 12 (BEACH AND STRAND REGULATIONS) TO FURTHER CLARIFY REGULATIONS ON THE USE OF WHEELED DEVICES ON THE STRAND WALKWAY" (City Clerk Elaine Doerfling) Attachments: 18-1387 (Temp Shared Mobility Ban) Action: To waive full reading and adopt by title Ordinance No. 18-1387, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE HERMOSA BEACH MUNICIPAL CODE TO TEMPORARILY PROHIBIT SHARED MOBILITY DEVICES FROM BEING: OFFERED FOR USE ANYWHERE IN THE CITY; PLACED IN ANY PUBLIC RIGHT-OF-WAY OR PUBLIC PROPERTY; OR OPERATED ON ANY PUBLIC PROPERTY OR RIGHT-OF-WAY IN THE CITY; AND AMENDING TITLE 12 (BEACH AND STRAND REGULATIONS) TO FURTHER CLARIFY REGULATIONS ON THE USE OF WHEELED DEVICES ON THE STRAND WALKWAY," with non -substantive corrections to the ordinance as discussed this evening. Motion Armato, second Massey. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2c was heard at this time but is shown in order, for clarity. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS City of Hermosa Beach Page 6 of 10 Approved on 09/25/2018 City Council Adjourned Meeting Minutes September 17, 2018 6a) REPORT AWARDING CONSTRUCTION CONTRACT FOR CIP 12-160 18-0535 FOR PACIFIC COAST HIGHWAY (PCH) IMPROVEMENTS AT AVIATION BOULEVARD AND PIER AVENUE (Public Works Director Glen W. C. Kau) Attachments: 1. CIP 12-160 Bid Opening LOq Sheet 2. EBS Bid Proposal for CIP 12-160 3. 09-17-18 Construction Agreement for CIP 12-160 att3 4. Resolution for Establishing a project payment account for CIP 12-160-gk Public Comment Action: To: 1) Award a Construction Contract for CIP 12-160 PCH Improvements at Aviation Boulevard and Pier Avenue to EBS General Engineering, Inc. of the City of Corona, California, in the amount of $370,980; 2) Authorize the Mayor to execute the contract and City Clerk to attest subject to approval by the City Attorney; 3) Approve estimated revenue of $76,734 of Measure R Grant funding and appropriate $76, 734 in the Measure R Fund pending MTA Approval; 4) Authorize the appropriation of $76,734 in Prop C Local Return funds should additional Measure R Grant funds not be approved; 5) Approve a 12% contingency in the amount of $44,518 to the Construction Contract for any unforeseen conditions during construction; 6) Adopt Resolution No. 18-7145, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONSTRUCTION OF CIP NO. 12-160 PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; and 7) Authorize the Director of Public Works to file a Notice of Completion following final completion and acceptance of the project. Motion Massey, second Amato. The motion carried by a unanimous vote. 6b) REPORT 18-0536 AWARD SERVICE CONTRACT FOR SANITARY SEWER MAINTENANCE, CCTV INSPECTION (Public Works Director Glen W.C. Kau) Attachments: 1. Sewer Hydro -Flushing Cleaning Svcs RFP 2018-2021 Att1 2. Draft Agreement Sanitary Sewer Maintenance Contract 9-17-18 rl Att2 Public Comment Action: To: 1) Award a sanitary sewer cleaning and video inspection services contract to Empire Pipe Cleaning & Equipment, Inc., in the amount of $476, 710 beginning September 17, 2018 and ending June 30, 2021; 2) Approve an additional appropriation of $11,339 from Sewer Fund; 3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to the approval of the City Attorney; and 4) Authorize the Director of Public Works to make changes as necessary within the approved budget. Motion Armato, second Campbell. The motion carried by a unanimous vote. City of Hermosa Beach Page 7 of 10 Approved on 09/25/2018 City Council Adjourned Meeting Minutes September 17, 2018 6c) REPORT AMENDMENT TO THE CONTRACT FOR SOLID WASTE 18-0552 MANAGEMENT SERVICES AND APPROVE A RATE INCREASE PURSUANT TO ARTICLE 6, SECTION 6.5 OF THE FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC. ("ATHENS SERVICES") (Environmental Analyst Kristy Morris) Attachments: 1. Athens Solid Waste -Executed oriq..pdf 2. Staff Report Lease Agreement.pdf 3. FIRST AMENDMENT 9-17-18.pdf 4. FINAL Hermosa Beach Audit Report - 11-16-17.pdf 5. Hermosa Beach Rate Sheets 7-1-2017.pdf 6. Hermosa Beach Annual Rate Adi Letter for 7-1-18.pdf 7. Hermosa Beach Rate Sheets 7-1-2018.pdf Action: To: 1) Authorize the Mayor to execute the FIRST AMENDMENT TO AGREEMENT FOR INTEGRATED SOLID WASTE SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES (Athens Services) pertaining to the closure of the local office and calculation of the Administrative Fee; and 2) Consider Athens Services Annual Rate Adjustment Request and endorse the rate adjustments proposed by Athens Services for its services not to exceed the attached rate schedule and apply a one-time rate adjustment to the customer invoices retroactive to July 1, 2018 for residential customers, bin service, and commercial customers. Motion Campbell, second Armato. The motion carried by a unanimous vote. 6d) REPORT 18-0548 CITY COUNCIL DOWNTOWN SUBCOMMITTEE UPDATE (Continued from meeting of August 28, 2018) (Assistant to the City Manager Nico De Anda-Scaia) Attachments: Downtown Subcommittee Council Report (October 2017) 2. SUPPLEMENTAL eComment from Claudia Berman (submitted 9-10-18 at 3:55pm).pdf 3. SUPPLEMENTAL eComment from Matt McCool (submitted 9-17-18 at 3:58pm).pdf Public Comment Action: To: 1) Receive and file the Downtown Subcommittee's update; and 2) Consider and affirm the Subcommittee's pursuit of public-private partnerships for the purpose offunding an aesthetic string lighting project in the downtown. Motion Duclos, second Fangary. The motion carried by a unanimous vote. Further Action: To extend tonight's meeting until 11 p.m. Motion Armato, second Fangary. The motion carried by a unanimous vote. City of Hermosa Beach Page 8 of 10 Approved on 09/25/2018 City Council 6e) REPORT 18-0561 Attachments: Public Comment Adjourned Meeting Minutes September 17, 2018 UPDATE FROM CITY COUNCIL SUBCOMMITTEE ON STRENGTHENING COLLABORATION WITH LEADERSHIP HERMOSA BEACH (Assistant to the City Manager Nico De Anda-Scaia) 1. Link to LHB Website 2. May 8, 2018 Staff Report (Appointment of Subcommittee) 3. HB-LHB Subcommittee Summary and Recommendations August 2018 4. SUPPLEMENTAL Email & Attachments from Matt McCool (added 9-17-18 at 3:30pm).pdf Action: To receive and file the update from the City Council Subcommittee. Motion Armato, second Fangary. The motion carried by a unanimous vote. 6t) REPORT 18-0562 Attachments: Public Comment PROPOSAL FROM MAYOR DUCLOS FOR SECOND ANNUAL 'LA LA LAND' EVENT (Assistant to the City Manager Nico De Anda-Scaia) 1. Proposed Budget - La La Land 2018.pdf 2. Draft Event Timeline 2018.pdf 3. 2017 La La Land Day Event Video 4. SUPPLEMENTAL eComment from Adam Malovani (submitted 9-7-18 at 10am).pdf 5. SUPPLEMENTAL eComment from Claudia Berman (submitted 9-10-18 at 3:56pm).pdf 6. SUPPLEMENTAL Letter from Chamber of Commerce President Maureen Hunt (added 9-13-18 at 4pm).pdf 7. SUPPLEMENTAL eComment from Joseph Verbruqqe (submitted 9-17-18 at 1:34pm).pdf 8. SUPPLEMENTAL Letter from Comedy and Magic Club owner Mike Lacey (added 9-17-18 at 3:30pm).pdf Action: To approve Mayor Duclos ' request for funding not to exceed $20, 000 for the production of a City -cosponsored event with Kinecta Federal Credit Union to be held between Wednesday October 24, and Saturday, October 27th 2018; and further, to allow the use of the Pier and Pier Plaza areas for the event (with set up and break down occurring 10/23 and 10/28) (as shown in the proposed event budget and preliminary event rundown, attachments 1 and 2, listed above). Motion Armato, second Campbell. The motion carried by a unanimous vote. Further Action: To extend tonight's meeting until 11:30 p.m. Motion Massey, second Fangary. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL City of Hermosa Beach Page 9 of 10 Approved on 09/25/2018 City Council Adjourned Meeting Minutes September 17, 2018 7a) REPORT CONSIDERATION OF APPOINTING A HERMOSA BEACH 18-0556 REPRESENTATIVE TO THE LOS ANGELES COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD (City Manager John Jalili and City Clerk Elaine Doerfling) Attachments: 1. Trustee Information Sheet 2. Board of Trustees 09-06-18 3. Link to District Website 4. Written Communication from Mary Drummer.pdf 5. SUPPLEMENTAL Letter from BCHD CEO Tom Bakalv (added 9-12-18 at 4:30pm).pdf Action: To (1) appoint Mayor Duclos to serve as the Hermosa Beach representative to the Los Angeles County West Vector and Vector -Borne Control District Board for the remainder of the current preset term ending December 31, 2018; and (2) authorize the City Clerk to immediately advertise and request applications from residents/registered voters interested in serving as the Hermosa Beach representative for a two-year term ending December 31, 2020, to be appointed by the City Council at its January 8, 2019 meeting. Motion Armato, second Fangary. The motion carried by a unanimous vote. 8. OTHER MATTERS - CITY COUNCIL 8a) 18-0557 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.pdf It was Council consensus to receive and file the Tentative Future Agenda Items. 8b) REQUEST BY COUNCILMEMBER CAMPBELL FOR THE CITY COUNCIL TO CONSIDER A FORMAL OPPOSITION TO PROPOSITION 6, A MEASURE ON THE NOVEMBER 6, 2018 BALLOT, WHICH WOULD REPEAL THE ROAD REPAIR AND ACCOUNTABILITY ACT THAT WAS ENACTED IN 2017, NOTING THAT 71 CITIES HAVE ALREADY DONE SO, AND SUGGESTED USING LANGUAGE SIMILAR TO THAT ALREADY PREPARED BY THE LEAGUE OF CALIFORNIA CITIES. Councilmember Campbell spoke to her request, garnering unanimous City Council support. ADJOURNMENT - Elaine Doerfling City Clerk City of Hermosa Beach 11:28 p.m., to the Regular Meeting of Tuesday, September 25, 2018. Page 10 of 10 Linda Abbott Deputy City Clerk Approved on 09/25/2018