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

PUBLIC COMMENT

RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM

19-0587

MINUTES: Approval of minutes of Closed Session held on August 27, 2019.

19-0588

CONFERENCE WITH LABOR NEGOTIATOR

Government Code Section 54957.6

City Negotiator:

City Manager

Employee

Organizations:

Hermosa Beach Police Officers’ Association

Police Management Bargaining Group

Hermosa Beach Management Association

Unrepresented Employees

19-0589

CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update

Existing Litigation - Government Code Section 54956.9(d)(1)

The City finds, based on advice from legal counsel, that discussion in open session will

prejudice the position of the City in the litigation.

a) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al.

United States District Court, Case Number: 2:18-cv-5810

b) Name of Case: Arlene Buschbach v. City of Hermosa Beach

Los Angeles County Superior Court, Case Number: 19STCV11390

c) Name of Case: Kerry Cartwright v. City of Hermosa Beach

Los Angeles County Superior Court, Case Number: 18STCV05692

d) Name of Case: Hermosa Fitness LLC v. City of Hermosa Beach

Los Angeles County Superior Court, Case Number: 18STCP02840

e) Name of Case: Mark Roth v. City of Hermosa Beach

Los Angeles County Superior Court, Case Number: YC072628

19-0590

CONFERENCE WITH LEGAL COUNSEL: Non-Litigated Claims Update

Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3)

The City finds, based on advice from legal counsel, that discussion in open session will

prejudice the position of the City in the litigation.

a) Claimant: Dona Bauer, Claim Number: 19-140994

Date of Loss: 10/22/2018, Date Filed: 3/18/2019

Allegation: Fracture to right foot from fall on brick sidewalk at 6th Street

b) Claimant: Jason Clark, Claim Number: 19-139872

Date of Loss: 7/2018, Date Filed: 1/23/2019

Allegation: Car accident was result of a blind spot that was reported to City

c) Claimant: Stephen Allan Diamond, Claim Number: 19-139484

Date of Loss: 8/22/2018, Date Filed: 12/31/2018, Revised Claim: 1/28/2019

Allegation: Broken ankle due to hole in walkway

d) Claimant: Brandi Duroncelay, Claim Number: 19-141000

Date of Loss: 2007, Date Filed: 3/18/2019

Allegation: Neglect; Loss occurred at a Domestic Violence Shelter

e) Claimant: Aanchal Gandhi, Claim Number: 19-141906

Date of Loss: 2/19/2019, Date Filed: 5/2/2019

Allegation: Exterior wall, landscaping fixtures and plants damaged by city employees

f) Claimant: Christopher Haueter, Claim Number: 19-142438

Date of Loss: 3/7/2019, Date Filed: 6/4/2019

Allegation: low hanging utility line cable caused damage to his vehicle

g) Claimant: Rosie Johnson, Claim Number: 16-127310

Date of Loss: 8/15/2016, Date Filed: 8/16/2016,

Date of Amended Claim: 2/14/2017

Allegation: Property damage and bodily injury from car accident involving city vehicle

h) Claimant: Amy Levin, Claim Number: 19-143365

Date of Loss: 7/15/2019, Date Filed: 7/23/2019

Allegation: City vehicle backed into claimant vehicle

i) Claimant: Valerie Rhodes, Claim Number: 19-140423

Date of Loss: 9/1/2018, Date Filed: 2/25/2019

Allegation: Fractured foot and ankle due to trip/fall in park

j) Claimant: Chantelle Sinkler, Claim Number: 19-142440

Date of Loss: 2/20/2019, Date Filed: 6/6/2019

Allegation: Car accident involving HbPD vehicle at Pier Ave. and Ardmore Ave.

k) Claimant: Barbara Stafford, Claim Number: 19-143187

Date of Loss: 12/23/2018, Date Filed: 6/10/2019

Allegation: Sustained injuries as result of WAVE Dial-A-Ride vehicle operator

prematurely retracting the lift

ADJOURNMENT OF CLOSED SESSION

7:00 P.M. - REGULAR AGENDA

All council meetings are open to the public. PLEASE ATTEND.

The Council receives a packet with detailed information and recommendations on nearly every agenda

item. City Council agenda packets are available for your review on the City's website located at

www.hermosabch.org. Complete agenda packets are also available for public inspection in the City

Clerk's office.

During the meeting, a packet is also available in the Council Chambers foyer or you can access the

packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless

signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest

To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be

available for check out at the meeting. If you require special assistance to participate in this meeting,

you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least

48 hours prior to the meeting.

Oral and Written Communication

Persons who wish to have written materials included in the agenda packet at the time the agenda is

published on the City's website must submit the written materials to the City Manager's office by email

(anny@hermosabch.org) or in person by noon of the Tuesday, one week before the meeting date.

Written materials pertaining to matters listed on the posted agenda received after the agenda has been

posted will be added as supplemental materials under the relevant agenda item on the City's website at

the same time as they are distributed to the City Council by email. Supplemental materials may be

submitted via eComment (instructions below) or emailed to anny@hermosabch.org. Supplemental

materials must be received before 4:00 p.m. on the date of the meeting to ensure Council and staff

have the ability to review materials prior to the meeting. Supplemental materials submitted after 4:00

p.m. on the date of the meeting or submitted during the meeting will be posted online the next day.

Submit Supplemental eComments in three easy steps:

Note: Your comments will become part of the official meeting record. You must provide your full name,

but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you

do not want to be published.

1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on.

Click on the eComment button for your selected meeting.

2. Find the agenda item for which you would like to provide a comment. You can select a specific

agenda item/project or provide general comments under the Oral/Written Communications item.

3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided,

provide your name, and if applicable, attach files before submitting your comment.

Public Participation Speaker Cards:

If you wish to speak during Public Participation, please fill out a speaker card at the meeting. The

purpose of the speaker card is to streamline and better organize our public comment process to

ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide

contact information for staff follow-up.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

ANNOUNCEMENTS

APPROVAL OF AGENDA

PROCLAMATIONS / PRESENTATIONS

MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

19-0597

UPDATE ON CITY RECRUITMENTS AND NEW HIRES

PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown

Act generally prohibits the Council from taking action on any matter not listed on the

posted agenda as a business item.

1. ORAL AND WRITTEN COMMUNICATIONS: If you wish to provide public comment,

please fill out a speaker card to ensure names of speakers are correctly recorded in the

minutes and where appropriate, to provide contact information for staff follow-up. This

is the time for members of the public to address the City Council on any items within the

Council's jurisdiction not on this agenda, on items on this agenda as to which public

comment will not be taken (Miscellaneous Items and Reports – City Council and Other

Matters), or to request the removal of an item from the consent calendar. Public

comments on the agenda items called Miscellaneous Reports and Other Matters will

only be heard at this time. Comments on public hearing items are heard only during the

public hearing. Members of the audience may also speak:

19-0598

WRITTEN COMMUNICATION

Staff recommends that the City Council receive and file the written communication.

Recommendation:

2. CONSENT CALENDAR: The following more routine matters will be acted upon by

one vote to approve with the majority consent of the City Council. There will be no

separate discussion of these items unless a Council member removes an item from the

Consent Calendar. Items removed will be considered under Agenda Item 4, with public

comment permitted at that time.

REPORT

19-0584

CITY COUNCIL MEETING MINUTES

(Interim Deputy City Clerk Carol Cowley)

Staff recommends that the City Council approve the following minutes:

1. Special meeting of August 27, 2019

Recommendation:

2. Regular meeting of August 27, 2019

REPORT

19-0583

CHECK REGISTERS

(Finance Director Viki Copeland)

Staff recommends that the City Council ratify the following check registers.

Recommendation:

REPORT

19-0594

ACTION MINUTES OF THE PARKS, RECREATION AND

COMMUNITY RESOURCES ADVISORY COMMISSION

MEETING OF AUGUST 6, 2019

Staff recommends that the City Council receive and file the action minutes of the Parks,

Recreation and Community Resources Advisory Commission meeting of August 6, 2019.

Recommendation:

REPORT

19-0582

EXTENSION OF AGREEMENT WITH THE HERMOSA BEACH

YOUTH BASKETBALL LEAGUE TO PROVIDE A COED YOUTH

BASKETBALL LEAGUE FOR THE UPCOMING 2019/2020

REGULAR AND OPTIONAL SUMMER SEASON

(Community Resources Manager Kelly Orta)

Staff recommends that the City Council approve the Second Amendment to the Hermosa

Beach Youth Basketball League agreement, authorizing the last of two one-year

extensions, to coordinate and manage the 2019-2020 coed youth basketball league and

optional summer season.

Recommendation:

REPORT

19-0602

REQUEST TO CONSENT TO PARTIAL ASSIGNMENT

OF FIBER OPTIC CABLE EASEMENT RIGHTS AND

OBLIGATIONS BETWEEN RTI INFRASTRUCTURE, INC.

AND PACIFIC CARRIAGE LIMITED INC.

(City Attorney Mike Jenkins)

Staff recommends that the City Council:

Recommendation:

1. Review and approve the partial assignment of the Fiber Optic Cable Easement to

Pacific Carriage Limited; and

2. Direct the City Manager to execute and the City Clerk to attest to the partial

assignment agreement.

REPORT

19-0565

REJECT ALL BIDS AND AUTHORIZE TO RE-ADVERTISE FOR THE

CONSTRUCTION AND INSTALLATION OF BUS STOP FURNITURE

(Acting Public Work Director Lucho Rodriguez)

Staff recommends that the City Council:

Recommendation:

1. Reject all bids received for the Bus Stop Shelter Furniture Installation project; and

2. Authorize Staff to re-advertise the project for competitive bids.

REPORT

19-0600

RECOMMENDATION TO REJECT CLAIMS

(Human Resources Manager Vanessa Godinez)

Staff recommends that the City Council reject the following claims and refer them to the

City's Liability Claims Administrator.

Recommendation:

Claimant: Haueter, Christopher (Allstate Insurance Company)

Date of Loss: March 7, 2019

Date Filed Initial Claim: June 4, 2019

Date Filed Revised Claim: June 24, 2019

Allegation: Claimant alleges he was driving behind a delivery box truck when the truck

knocked over a utility line cable hanging low from a telephone pole causing the cable to

fall and damage his vehicle.

Claimant: Stafford, Barbara

Date of Loss: December 23, 2018

Date Filed: June 10, 2019

Allegation: Claimant alleges the WAVE Dial-A-Ride, City of Redondo Beach, City of

Hermosa Beach, and Parking Concepts Inc., violated the Health and Safety Code

Section 19955, Civil Code Sections 51, 51.5, 52a, 54, 54.1, 54.3, and Title II of the

Americans with Disabilities Act. Claimant indicates she is a partially paralyzed and

confined to a wheelchair. On December 23, 2018, she was a passenger in a WAVE

Dial-A-Ride vehicle when she sustained serious injuries as a result of the vehicle operator

prematurely retracting the lift that caused her to fall over and sustain serious injuries.

3. CONSENT ORDINANCES

REPORT

19-0592

ADOPTION OF ORDINANCE NO. 19-1394 AMENDING TITLE 10

(VEHICLES AND TRAFFIC) OF THE HERMOSA BEACH MUNICIPAL

CODE TO EXTEND THE TEMPORARY PROHIBITION ON SHARED

MOBILITY DEVICES FROM BEING: OFFERED FOR USE

ANYWHERE IN THE CIY; PLACED IN ANY PUBLIC RIGHT-OF-WAY

OR PUBLIC PROPERTY; OR OPERATED ON ANY PUBLIC

PROPERTY OR RIGHT-OF-WAY IN THE CITY

(City Clerk Elaine Doerfling)

The City Clerk recommends that the City Council adopt by title only, Ordinance No.

19-1394 Amending Title 10 (Vehicles and Traffic) of the Hermosa Beach Municipal Code

to extend the temporary prohibition on 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.

Recommendation:

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

* Public comments on items removed from the Consent Calendar.

5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.

REPORT

19-0579

CERTIFICATE OF APPROPRIATENESS TO ALLOW A TENANT

IMPROVEMENT WITHIN SUITE 101 ON THE FIRST FLOOR OF THE

BIJOU BUILDING LOCATED AT 1221 HERMOSA AVENUE AND

DETERMINE THE REQUEST IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA

GUIDELINE SECTION 15331 (HISTORICAL RESOURCE

RESTORATION/REHABILITATION)

(Community Development Director Ken Robertson)

Staff recommends that the City Council continue the public hearing to the September 24,

2019 City Council meeting while City staff and the historic consultant finalize the Historic

Resource Report for the Bijou building theatre space located at 1221 Hermosa Avenue,

Suite 101.

Recommendation:

REPORT

19-0510

CONSIDERATION OF A MUNICIPAL CODE AMENDMENT TO

ESTABLISH A TWO-YEAR PILOT PROGRAM TO ALLOW AND

REGULATE SHORT-TERM VACATION RENTALS IN EXISTING

NONCONFORMING RESIDENTIAL UNITS THAT ARE

LOCATED WITHIN COMMERCIAL ZONES

(Community Development Director Ken Robertson)

Staff recommends that the City Council:

Recommendation:

1. Introduce the attached ordinance to amend various sections of Title 17 of the Hermosa

Beach Municipal Code, thereby establishing a two-year pilot program to allow and

regulate short-term vacation rentals in existing non-conforming residential units that are

located within commercial zones; and

2. Approve the amendment to the master fee resolution to establish permit fees for

short-term vacation rentals.

REPORT

19-0578

ZONE CHANGE 18-1- A REQUEST TO REZONE PROPERTY

LOCATED AT 820 9TH STREET FROM GENERAL COMMERCIAL

(C-3) TO SINGLE-FAMILY RESIDENTIAL (R-1) AND DETERMINE

THAT THE REQUEST IS WITHIN THE SCOPE OF THE PROJECT

CONSIDERED IN THE PLAN HERMOSA ENVIRONMENTAL

IMPACT REPORT (EIR)

(Community Development Director Ken Robertson)

Staff recommends that the City Council:

Recommendation:

1. Introduce the attached ordinance to approve Zone Change 18-1, thereby rezoning the

subject site from C-3 to R-1; and

2. Determine that the request is within the scope of the project considered in the PLAN

Hermosa Environmental Impact Report (EIR).

REPORT

19-0418

ADOPTION AND IMPLEMENTATION OF AN ORGANIC

WASTE RECYCLING PROGRAM FOR HERMOSA BEACH

BUSINESSES AND RESIDENTS

(Acting Public Works Director Lucho Rodriguez)

Staff recommends that the City Council:

Recommendation:

1. Adopt a resolution approving an organic waste recycling program to comply with

State mandates and authorizing the collection of additional fees related to commercial

and residential organic waste recycling services; and

2. Direct staff to coordinate with Athens Services on the implementation of the organic

waste recycling and to conduct education and outreach to Hermosa Beach businesses

and residents on the new program.

6. MUNICIPAL MATTERS

REPORT

19-0581

RECOMMENDATION TO APPROVE THE AMENDMENT TO

THE CONTRACT FOR CONSTRUCTION AGREEMENT

FOR 8TH STREET REPAVING

(Acting Public Works Director Lucho Rodriguez)

Staff recommends that the City Council:

Recommendation:

1. Approve the first Amendment to the existing construction agreement with Gentry

General Engineering, Inc., to repave 8th street, increasing the agreement by $199,512.18

to a new not to exceed amount of $913,512.18;

2. Authorize the transfer of $100,000 in Gas Tax Funds from CIP 186, Street

Improvements Various Locations to CIP 173, 8th Street Improvements for paving of 8th

Street; and

3. Authorize the Mayor to execute and the City Clerk to attest the attached amendment,

subject to approval by the City Attorney.

7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL

REPORT

19-0596

VACANCIES - BOARDS AND COMMISSIONS -

EXPIRATION OF TERMS

CIVIL SERVICE BOARD APPOINTMENTS

(City Clerk Elaine Doerfling)

The City Clerk recommends that the City Council appoint two of the three Civil Service

Board applicants to four-year terms ending July 15, 2023.

Recommendation:

REPORT

19-0586

CONSIDERATION OF MEMBERSHIP WITH

INDEPENDENT CITIES ASSOCIATON

(City Manager Suja Lowenthal)

Staff recommends that the City Council consider and provide direction on membership

with Independent Cities Association (ICA).

Recommendation:

19-0585

UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES

AND STANDING COMMITTEE DELEGATES/ALTERNATES

8. OTHER MATTERS - CITY COUNCIL

19-0599

TENTATIVE FUTURE AGENDA ITEMS

Staff recommends that the City Council receive and file the tentative future agenda items.

Recommendation:

(SUPPLEMENTAL REQUEST SUBMITTED 09-10-19 AT 12:34 P.M.)

19-0609

COUNCILMEMBER FANGARY REQUESTS THAT THE AGENDA ITEM FOR

TOWING AND STORAGE SERVICES CONTRACT (REPORT 19-0508) BE

BROUGHT BACK FOR CONSIDERATION/VOTE BEFORE THE CITY COUNCIL

AT THE UPCOMING SEPTEMBER 24, 2019 CITY COUNCIL MEETING, AND

THAT THE CONTRACT TO BRUFFY’S TOWING SHOULD NOT BE SIGNED BY

THE CITY MANAGER UNTIL SUCH RE-CONSIDERATION/VOTE BY THE CITY

COUNCIL. THE REASON FOR THE REQUEST IS COUNCILMEMBER

FANGARY’S CONCERNS THAT PERTINENT INFORMATION WAS NOT MADE

AVAILABLE TO THE CITY COUNCIL AS PART OF THE STAFF REPORT FOR

THE ITEM INCLUDED IN THE AUGUST 27, 2019 CITY COUNCIL MEETING,

INCLUDING THE FACT THAT FRANK SCOTTO TOWING (SCOTTO TOWING)

RESPONDED TO THE RFP, THAT SCOTTO TOWING’S PROPOSED RATES

WERE CONSISTENT WITH, IF NOT IDENTICAL TO, BRUFFY’S TOW’S RATES,

THAT SCOTTO TOWING HAS BEEN THE TOWING CONTRACTOR FOR THE

CITY OF HERMOSA BEACH FOR THE PAST 35 YEARS WITH LITTLE OR NO

COMPLAINTS, AND THAT SCOTTO TOWING ALSO SERVES REDONDO

BEACH, MANHATTAN BEACH AND EL SEGUNDO. IN ADDITION,

COUNCILMEMBER FANGARY IS CONCERNED THAT STAFF’S REVIEW OF

SCOTTO TOWING’S RESPONSE TO THE RFP PENALIZED SCOTTO TOWING

SIGNIFICANTLY (BY 5 POINTS OUT OF A TOTAL OF 16 POINTS) FOR NOT

PROVIDING INSURANCE INFORMATION WHEN THE RFP SPECIFICALLY

STATED THAT INSURANCE INFORMATION SHOULD NOT BE PROVIDED TO

THE CITY AS PART OF THE RESPONSE TO THE RFP.

(SUPPLEMENTAL REQUEST SUBMITTED 09-10-19 AT 12:34 P.M.)

COUNCILMEMBER FANGARY REQUESTS THAT STAFF RETURN TO

COUNCIL WITH A PROPOSED CHECKLIST FOR REVIEW/APPROVAL BY

COUNCIL OF THE MINIMUM INFORMATION TO BE INCLUDED IN FUTURE

STAFF REPORTS REGARDING RESPONSES TO REQUESTS FOR BIDS

AND/OR REQUESTS FOR PROPOSALS FOR ALL UPCOMING COUNCIL

AGENDA ITEMS. SUCH INFORMATION MAY INCLUDE THE NAMES OF ALL

PARTIES THAT RESPONDED TO REQUESTS FOR BIDS AND/OR REQUESTS

FOR PROPOSALS, ANY PRIOR CONTRACTS/AGREEMENTS WITH SAID

ENTITIES WITH HERMOSA BEACH AND/OR SURROUNDING CITIES AND THE

PROPOSED RATES FOR SERVICES PROVIDED BY ALL PARTIES THAT

RESPONDED.

19-0610

ADJOURNMENT

FUTURE MEETINGS AND CITY HOLIDAYS

CITY COUNCIL MEETINGS:

September 24, 2019 - Tuesday - 6:00 PM - Closed Session,

7:00 PM - City Council Meeting

October 2, 2019 - Wednesday - Adjourned Regular Meeting:

6:00 PM - Study Session

October 8, 2019 - Tuesday - No Meeting (Re-scheduled to Oct. 10)

October 10, 2019 - Thursday - Adjourned Regular Meeting:

6:00 PM - Closed Session and 7:00 PM - City Council Meeting

October 22, 2019 - Tuesday - 6:00 PM - Closed Session,

7:00 PM - City Council Meeting

November 6, 2019 - Wednesday - Adjourned Regular Meeting:

6:00 PM - Study Session

November 12, 2019 - Tuesday - 6:00 PM - Closed Session,

7:00 PM - City Council Meeting

November 18, 2019 - Monday - Adjourned Regular Meeting:

6:00 PM - Closed Session and 7:00 PM - City Council Meeting

November 21, 2019 - Thursday - Adjourned Regular Meeting:

6:00 PM - Mayor Rotation

November 26, 2019 - Tuesday - No Meeting (Re-scheduled to Nov. 18)

December 4, 2019 - Wednesday - Adjourned Regular Meeting:

6:00 PM - Study Session

December 10, 2019 - Tuesday - No Meeting (Re-scheduled to Dec. 12)

December 12, 2019 - Thursday - Adjourned Regular Meeting:

6:00 PM - Closed Session and 7:00 PM - City Council Meeting

December 24, 2019 - Tuesday - No Meeting (Dark)

BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:

September 17, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting

September 18, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting

October 1, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting

October 15, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting

November 5, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting

November 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting

November 20, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting

December 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting

December 9, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting

CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:

November 11, 2019 - Monday - Veteran's Day

November 28, 2019 - Thursday, Thanksgiving Day

December 25, 2019 - Wednesday - Christmas Day

January 1, 2020 - Wednesday - New Year's Day (2020)