ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: None

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1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 9, 2010, at the hour of 7:05 p.m. ROLL CALL: Present: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio Absent: PLEDGE OF ALLEGIANCE Steve Hunt CLOSED SESSION REPORT, meeting canceled. ANNOUNCEMENTS Mayor pro tem Tucker invited anyone interested in City revenue and expenditures to a pre-budget Council meeting on Thursday, February 25, at 7:00 p.m., in the Council Chambers and reminded everyone of the St. Patrick s Day parade on Saturday, March 13, at 11:00 a.m. He said he and staff met with the electric vehicle charging station company regarding installation of these stations on upper Pier Avenue and it appeared grant money might be available. He encouraged the community to patronize the businesses on Upper Pier Avenue during construction. Councilmember Bobko reported on an Independent Cities conference he attended the previous week and said he found most interesting a briefing regarding medical marijuana dispensaries by Los Angeles District Attorney Steve Cooley who opposed these dispensaries because of their negative ancillary effect on communities in which they are located. Mayor DiVirgilio discussed a presentation at the same conference in which he learned how easily an ATM card pin number can be obtained while someone is using an ATM. He gave details of the quantity of materials collected during the recent Hazardous Household Waste Roundup in Hermosa Beach. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS (a) Letter from Tim Beck of Heal the Harbors dated January 28, 2010 regarding an offer of free instruction to the Fire Department and the Public Works Department on the use of dry ice pellets to strengthen sand defenses, beach erosion as well as clean up of oil and fuel spills, a request that the City file a joint application for permit or waiver from the Coastal Commission to test dry ice pellets in the California Coastal Zones and a request for an even tanning zone on the beach. No one came forward to address the Council on this letter. City Council Minutes Page 12849

2 (b) Letter from Alan Benson dated January 26, 2010 regarding questions pertaining to the Hermosa Beach Police Department statistics. No one came forward to address the Council on this letter. (c) Letter from Fred Huebscher dated February 3, 2010 requesting consideration of ordinances regarding City Council compensation and benefits; City Clerk and City Treasurer compensation and benefits; random drug testing for police officers, firefighters and police and fire management personnel; and, a request for enforcement of Hermosa Beach Municipal Code Section (3) regarding signs. No one came forward to address the Council on this letter. Action: To receive and file all three letters. Motion Mayor DiVirgilio, second Tucker. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Patty Egerer Hermosa Beach, said she felt the drinking culture in Hermosa Beach and Internet ads with sexual images related to alcohol establishments in the City were contributing to an increase in sexual crimes and assaults; asked the City Council what guidelines they could implement to decrease crime; Joe Galliani Chair of the 350.org group, praised the City Council for their goals setting workshop on January 30 establishing a long term sustainability plan; said Hermosa Beach was leading by example by being the first South Bay city to sign the climate action agreement in 2006, being energy efficient, preparing for electric vehicles, adopting water conservations ordinances and pledging to become a carbon neutral city; Brian Shields Hermosa Beach, asked the purpose of the noon whistle emanating from City hall and asked if a petition signed by his neighbors would lead the way toward eliminating this noise (Council replied that he could certainly submit a petition toward his goal); Brenda (no last name given), speaking for Joe Charles distributed flyers for the Pier to Pier Run/Walk on Saturday, March 6, beginning at the Hermosa Beach Pier at 7:00 a.m. Mark Tilford Redondo Beach, said he was a volunteer circulator of a petition to put a constitutional amendment on the ballot for a part-time State legislature; said the legislature had been full time only since the mid 1960 s and a return to part-time would make the legislature more efficient; he distributed petitions to the Council and asked that they become circulators of this petition; asked people to visit his website at Tim Beck Heal the Harbor, said his organization could train the City s Fire Department and Public Works Department to stop beach erosion and City Council Minutes Page 12850

3 salvage oil in the coastal zone with an application of dry ice pellets and said they would be conducting experiments on the beach as no permit was required; suggested Hermosa Beach establish an even tanning beach and an elevated bike path; said they had withdrawn their suggestion for a burka beach and their objection to carbon dioxide not being considered a pollutant; and Joe Shapiro Hermosa Beach, asked that Hermosa Beach be the first city to support FAME, Females and Males for Equality; said women had achieved equality in the work place but not in the social world, where men still paid for dates; asked the City Council to declare a Ladies Day each month during which women, not men, pay for expenses; provided his address, rebrokerflightinstructor@hotmail.com for support and comments. City Manager Burrell and City Attorney Jenkins responded to Council questions about businesses using promoters and Mr. Huebscher s letter. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i) with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: 2(e) Tucker. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 26, Action: To approve minutes of the adjourned regular meeting of the City Council held on January 26, (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS THROUGH Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE 1) Tentative Future Agenda Items; and, 2) City Council Directives Action: To receive and file: 1) Tentative Future Agenda Items; and, 2) City Council Directives (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 20, City Council Minutes Page 12851

4 Action: To receive and file the action minutes of the Public Works Commission meeting of January 20, (e) RECOMMENDATION TO ACCEPT DONATION OF $1,600 FROM LUCILE BURK DELGADO TO BE USED FOR A COMMEMORATIVE BENCH TO BE PLACED ON THE HERMOSA PIER. Memorandum from Finance Director Viki Copeland dated February 1, This item was removed from the consent calendar by Mayor pro tem Tucker for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept donation of $1,600 from Lucile Burk Delgado to be used for a commemorative bench to be placed on the Hermosa Pier. Motion Tucker, second Bobko. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE GENERAL SERVICES AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE PERIOD OF JULY 1, 2010 THROUGH JUNE 30, Memorandum from City Manager Stephen Burrell dated January 26, Action: To approve the staff recommendation to adopt Resolution No , entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 4, Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 4, (h) RECOMMENDATION TO ACCEPT THE WORK BY TAMANG ELECTRIC FOR CIP PROJECT NO COMMUNITY CENTER ELECTRICAL UPGRADES; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO TAMANG ELECTRIC (10% RETAINED; 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated February 1, Action: To approve the staff recommendation to: (1) Accept the work by Tamang Electric for CIP Project No Community Center Electrical Upgrades; City Council Minutes Page 12852

5 (2) Authorize the Mayor to sign the Notice of Completion; and, (3) Authorize staff to release payment to Tamang Electric (10% retained; 35 days following filing of Notice of Completion). (i) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF ONE (1) 2010 FORD ESCAPE HYBRID 4WD VEHICLE (PAINTED BLACK AND WHITE) TO REPLACE AN EXISTING 2001 DODGE DURANGO (4WD); AND, APPROPRIATE $34,601 FROM THE AIR QUALITY IMPACT FUND. Memorandum from Police Chief Greg Savelli dated February 3, Action: To approve the staff recommendation to (1) Authorize the purchase of one (1) 2010 Ford Escape Hybrid 4WD vehicle (painted black and white) to replace an existing 2001 Dodge Durango (4WD); and, (2) Appropriate $34,601 from the Air Quality Impact Fund. 3. CONSENT ORDINANCES a. ORDINANCE NO AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING TITLE 8, CHAPTER 8.60 WATER EFFICIENT LANDSCAPING TO THE HERMOSA BEACH MUNICIPAL CODE. For adoption. Memorandum from City Clerk Elaine Doerfling dated February 3, Action: To waive full reading and adopt Ordinance No Motion Bobko, second Tucker. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio b. ORDINANCE NO AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.56 WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN TO TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE AND AMENDING CHAPTER 1.10 FOR CONSISTENCY. For adoption. Memorandum from City Clerk Elaine Doerfling dated February 3, Action: To waive full reading and adopt Ordinance No Motion Mayor DiVirgilio, second Fishman. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio City Council Minutes Page 12853

6 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 - 6. MUNICIPAL MATTERS a. GREEN TASK FORCE SUBCOMMITTEE STATUS REPORTS. Memorandum from Community Development Director Ken Robertson dated February 3, Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Phil Friedl, Chair of the Green Task Force, gave an overview of the group s history and accomplishments since they had been formed a year ago, thanked staff for their support and then a member of each subcommittee came forward and gave a report. Steve Hunt, Building Subcommittee, said they established goals, researched and analyzed information to provide recommendations to the City Council by the end of March; said they evaluated standards adopted by other cities to see how mandatory and voluntary building requirements could be applied to Hermosa Beach; said they discussed cost, feasibility, incentive programs and new State green building requirements. Dave Pedersen, Water Subcommittee, said they reviewed water conservation, storm water management, and protection of marine and human life; said they reviewed other cities storm water management and would provide this information in their final report; discussed the plans for the Upper Pier Avenue project and gray and recycled water; said they would recommend educational materials for keeping the ocean clean, partnered with the County Junior Lifeguard program and were hoping to engage members of the City s Surfers Walk of Fame to assist them with public education. Lisa Ryder Moore, Waste Reduction/Diversion/Recycling Subcommittee, said they were focusing on public education and behavior change; said they had provided input to Consolidated Disposal Service and the trash company was going to print and distribute a door hanger with recycling/waste reduction tips, City Council Minutes Page 12854

7 hazardous waste information, composting (with discounted compost bins); said they were preparing recommendations by looking at other cities contracts for a Request for Proposal for the City s next waste hauler contract, with a green waste pilot program; suggested that trash rates should be based on the amount of trash picked up; said they discussed recycling at City Hall and were working with the Chamber of Commerce for green requirements for event permits. Christian Campisi, Transportation Subcommittee, said they discussed the kind of fuels City vehicles were using and when vehicles would be replaced; investigated future technology and fuels that did not exist today; researched use of private cars and public transit education; also discussed free parking for alternate fuel vehicles, electric vehicle and CNG charging stations; said they had been attending South Bay Bicycle Coalition meetings and that Hermosa Beach was ahead of its time having sharrow lanes; said they were looking at other cities transportation plans and tweaking the plans for Hermosa Beach; said they were seeking grant funds to establish a small electric shuttle loop within the City. Coming forward to address the Council on this item were: Julian Katz Public Works Commissioner, supported the Green Task Force s suggestion of bicycles as alternate transportation; said, in addition to Hermosa Beach s bike master plan, including sharrow lanes, there is discussion of inter-city bikeways in eight Los Angeles County cities; said the Public Works Commission is working on implementation of a bikeway in the master plan and will present its recommendation to the Council in April or May; and Dency Nelson Hermosa Beach, chair of the Green Task Force s predecessor, the Green Building Committee, which recommended to the Council the establishment of the task force, voiced his recognition of the progress the Green Task Force has made. Green Task Force Chair Phil Friedl returned to the podium at the Council s request and agreed that it would be helpful for the Green Task Force to work more closely with the City Council and to schedule a joint workshop. Action: To receive and file the Green Task Force Subcommittee reports and continue the discussion to a future meeting. Motion Fishman, second Bobko. The motion carried by a unanimous vote. b. APPROVAL OF CONTRACT WITH ECOMEDIA FOR ENVIRONMENTAL SIGNAGE PROGRAM. Memorandum from City Manager Stephen Burrell dated February 2, City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes Page 12855

8 Coming forward to address the Council on this item were: Janice Sakamoto representing EcoMedia and Hermosa Beach resident, asked the Council to approve the contract for this no-cost program to help the City fund its environmental programs; said the original adopt a highway program entered into with the City in 2001 is now called EcoZone and had been broadened to educate Hermosa Beach s residents about lifestyle changes to support environmental sustainability; said EcoMedia would share 50% of the $4,000 per sign paid by corporate sponsors whose logos would appear on the signs with green messages; she projected on the screen an image of a typical sign; Dency Nelson Hermosa Beach, said the City should be very careful about sponsors, avoiding corporate villains attempting green wash, and to make sure the logo is not bigger than the message; Georgia Tattoo Hermosa Beach, said that the example shown, Ben & Jerry s, was not appropriate because of childhood obesity; said it was important the City be allowed to pick sponsors; Janice Sakamoto returned to the podium to explain that EcoMedia was careful whose sponsorship they accepted and the City would have input as to which companies were featured on its signs. City Manager Burrell mentioned typographical errors in the contract which will be corrected as follows: (1) In the first paragraph of the contract, the date of the contract will be changed to February 9, 2010; (2) In the last sentence of Section 9.1, the reference to this Section 7 and will be changed to this Section 9 ; and, (2) In the last sentence of Section 9.2(1), the words No. 1 after Insurance Endorsement will be removed. He also clarified that the banner must comply with the City s banner policy. City Attorney Jenkins clarified that the agreement is for eight signs initially. Action: To approve the staff recommendation to (1) Approve a five-year contract (with changes and clarifications shown above) with EcoMedia, a national media company based in California, to implement an environmental signage program that should generate approximately $10,000 in revenue annually for water quality and pollution prevention programs and projects citywide; and, (2) Approve installation of up to 25 environmental interpretive panels located strategically in the City public right-of-way including one horizontal street banner in commercial zones citywide. Motion Fishman, second Bobko. The motion carried, noting the dissenting vote of Duclos. c. OPTIONS FOR REGULATING TRANSIENT SHORT-TERM RENTALS. Memorandum from Community Development Director Ken Robertson dated City Council Minutes Page 12856

9 February 2, (Staff reports WITH attachments ed to Council today and hard copy placed before them this evening) Community Development Director Robertson presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: John Brierley Hermosa Beach resident on Silverstrand, urged the Council not to lift restrictions because the City did not have enough staff for enforcement; said he had experienced in his neighborhood disturbances from renters of less than month and the owners of the property have ignored the complaints and not been fined; Diane Kessler Hermosa Beach resident on Silverstrand, said the number of residents in a dwelling unit and the impact on parking needed to be considered as well as enforcement and fines; said at a previous meeting when Silverstrand residents spoke, the Council was to contact speakers but this was not done; said she felt the Police Department set a low priority on enforcing noise violations; Jackie Welter Hermosa Beach resident on 21st Street, said she was surrounded by apartments and had called the Police Department many times about a building next door in which long-term tenants had parties about four times a week; said noise was the issue, not whether the people were short-term or long-term renters; suggested a series of escalating fines for property owners of $1,000 to $5,000 to gain compliance; Suzanne Rampay said her family had owned property on The Strand for 50 years and they had always rented for 30 days minimum; said their tenants had always behaved as if they were owners; said short term renters did not always behave well but did spend a lot of money in town eating at restaurants, etc., and this was good for the City; Tom Malone Hermosa Beach, said he and his wife had owned a duplex on The Strand for over 30 years and started renting one of the units as a vacation rental 2 ½ years ago; said they have had a good experience because they did not rent to tenants who were party givers; said many renters patronized the local restaurants; said he was opposed to allowing short-term rentals and to seek compliance by enforcement but if this practice was legalized, he favored the Conditional Use Permit (CUP) process but urged the Council to be cautious because a CUP would run with the property and subsequent owners might not be as responsible; Georgia Tatoo Hermosa Beach, opposed legalizing short-term rentals because long-term residents cared about the town and provided volunteers to improve the City; Henry (no last name given), speaking for resident Michael Moore said Mr. Moore had moved from the beach to Hermosa Avenue because of party noise and public urination, but not only from short-term renters; said this was an issue to be enforced with landlords and to provide whatever controls are necessary to promote quality tourism; City Council Minutes Page 12857

10 Roger Carillum Hermosa Beach, said property owners should rent to families, not party people; said he started renting for longer periods than 30 days when he learned this was the legal minimum; said his current renters take good care of the property and respect their neighbors; Mrs. Johnston Hermosa Beach resident and owner of an apartment in Redondo Beach, discussed how many people were allowed to live in a unit; said high rents often encouraged roommates; supported shortterm rentals because long-term tenants who caused problems were harder to remove than short-term ones; and Kristen Novoa Shorewood Realty, Hermosa Beach, favored short-term rentals; said the high rents usually bring in pre-screened higher caliber tenants who are well mannered and sometimes become home owners; said this would increase City revenue and encourage tourism; did not feel parking was an issue because often short-term renters took a taxi from the airport or had local relatives driving them around; Action: To make no change to existing regulations. Motion Tucker, second Duclos. The motion carried, noting the dissenting votes of Bobko and Mayor DiVirgilio. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CALIFORNIA STATE PARKS INITIATIVE FOR THE NOVEMBER 2010 BALLOT. Memorandum from City Manager Stephen Burrell dated January 21, City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the information and take a position of support on the proposed initiative. Motion Fishman, second Duclos. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS CITY COUNCIL - 9. OTHER MATTERS - CITY COUNCIL 1, Request from Councilmember Fishman to determine how soon Oak Street near Marineland Mobilehome Park will be repaired and make that repair as soon as possible because of flooding issues during rain. Councilmember Fishman spoke to his request. City Manager Burrell said he would find out when this street would be repaired and the information to Councilmembers. City Council Minutes Page 12858

11 2. Request from Mayor pro tem Tucker to direct staff to enforce people removing recycled materials from residential recycling bins. Mayor pro tem Tucker spoke to his request stating that he had received complaints from residents in the vicinity of Eighth & Loma who believed their houses were being cased by burglars because break-ins had increased; he said residents also said police cars drove by when recyclables were being removed and did not stop. City Manager Burrell said this was a complaint driven offense but he would speak to Chief Savelli. 3. Request from Councilmember Duclos to direct staff to report at a future Council meeting on methods by which party promoters can be controlled. Councilmember Duclos spoke to his request. Action: To agendize this topic for discussion at a future Council meeting. Motion Duclos, supported by Tucker and Fishman. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, February 9, 2010, at the hour of 10:35 p.m. to Closed Session on February 17, 2010, at 8:00 a.m. City Clerk Deputy City Clerk City Council Minutes Page 12859