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Vigilant Solutions, LLC
1152 Stealth Street
Livermore, California 94551
(P) 925-398-2079 (F) 925-398-2113
Issued To: Hermosa Beach Police Department Attention: Christopher Alkadis Date: 09-17-21 Project Name: Fixed Project (Phase 1) Quote ID: TGG-0052-01
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Qty Item # Description
(4) VSF-025-L5F L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable ● Dual-lens camera with infrared LEDs for plate illumination ● 55ft - 85ft capture distance and up to 2 lane coverage ● Internal trigger for capture of plate alphanumerics, vehicle make and model ● Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting ● LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics
(4) VS-FX-UNI-POLEWALL-BRKT_REV_BFixed LPR Camera Bracket ● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B ● UPR ARM ASSY POLE & WALL MOUNT BLK
(4) BCAV1F2-C600 Vigilant Fixed Camera Communications Box ● Manages power and communications for up to four (4) Vigilant fixed LPR cameras ● Includes modem for communication with cellular carriers o SIM Card not included
(1) VS-LEARN--H Vigilant Hosted/Managed Centralized LPR server via LEARN ● Vigilant hosted/managed LEARN account
o Central repository for all LPR data acquired by each LPR system ● Includes Vigilant's suite of LPR data analytics via online web access o Automated CarDetector software update management
o Plate searching, mapping, data mining utilities
o Stakeout, Associate Analysis and Locate Analysis
o Full administrative security with management auditing ● Plug-N-Play an unlimited number of CarDetector LPR systems o Requires NO server hardware, NO server maintenance
● Requires Vigilant Enterprise Service Agreement contract (1) VSBSCSVC-01 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
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o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for up to 14 total camera units registered ● Requires new/existing Enterprise Service Agreement (ESA) (1) TAS-UL Target Alert Service - LPR Alert Delivery Software - Unlimited User ● Real Time LPR notification and mapping software sends LPR alerts to any in-network PC
● Send Alerts over any communication protocol including LAN, WAN, internet wireless, etc.
● Server Client software compatible with all Vigilant CDFS applications (8) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms ● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
(1) SSU-LN-COM Vigilant Start Up & Configuration of Hosted/Managed Server Account ● New client account setup
● Required for all hosted/managed client accounts
(4) SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Applies to mobile (1 System) and fixed (1 Camera) LPR systems (1) VS-TRNG Vigilant End User Training
● End user training for Vigilant products
o Covers all client purchased applications
o Includes classroom and field operation training
● Vigilant certified technician to visit site and perform one training class (1) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services (1) Installation Installation of cameras and communication boxes on 4 poles (1) Tax on hardware 9.5% Tax on hardware
Subtotal Price $56,932.50
Quote Notes:
1. All prices are quoted in USD and will remain firm and in effect for 60 days.
2. Returns or exchanges will incur a 15% restocking fee.
3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.
4. Customer will provide cellular service for the L5F fixed cameras.
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Quoted by: Tony Gonzalez - 505-795-4482 - [email protected] Total Price $56,932.50
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From: HBresident
To: City Council; City Clerk
Subject: e-Comment to Hermosa Beach Council"s Consent Item XI-J (Permanent Intersection Police Cameras) of Tuesday"s 4-26-2022 Regular Meeting Agenda.
Date: Sunday, April 24, 2022 12:06:49 AM
Just to let you know, I posted the following e-Comment for the Hermosa Beach Council's Consent Item #XI-J of Tuesday's 4-26-2022 Regular Meeting.
Permanent Police Cameras at Hermosa Beach
Intersections Purchase and Installation.
Staff Item's direct link with attachments.
https://hermosabeach.legistar.com/LegislationDetail.aspx? ID=5565382&GUID=EA9A5C3F-1B2F-4490-8ED5-B94A8F411F02
Council: This item was placed on the Consent Calendar, and notwithstanding that it may be pulled, it should at the minimum be a Municipal Matter, but more importantly it should be a FULLY NOTICED PUBLIC HEARING due to the Big Brother nature of the item. Your no-bid contract City Attorney for life, Michael Jenkins may state that there’s no requirement for a noticed Public Hearing. However the Council of course can order a Public Hearing. Your, City Manager, Suja Lowenthal, has been sticking virtually everything on the Consent Calendar with your obvious concurrence but that reduces transparency significantly. Why should Lowenthal care if things are not fully discussed, she lives in Rancho Palos Verdes, and from what I continue to hear she’s seldom in City working directly with her staff.
NEW PARAGRAPH ***********************
This being a BIG BROTHER item, whether needed or not, nonetheless will cost the city far more than the initial $57-Thousand cost mentioned. At the minimum it will be a $100-Thousand per year item with equipment, upgrades, and maintenance by the monopoly (single-bid?) company to be engaged. Not to mention the staffing and other time to use any high tech system properly. I.e., the ongoing, costly “Information Technology” (IT) functioning required of any such stuff.
NEW PARAGRAPH ***********************
Where’s the detailed City Council approval specifying exactly what the RULES and USAGE of this equipment are to be or are there to be no specifications approved by the Council? Especially including a rule that any changes to the rules are only to be after amendment(s) by the City Council and only via a NOTICED PUBLIC HEARING? Where are the detailed descriptions of what data will be collected into the digital cloud databank, what video images are to be recorded into the digital cloud databank, how with time the data will be preserved, longer and longer, increases in usage scope, increase in cross-referencing, and on and on? Seems like all the rules are to be in a contract written by the attorneys of the company selling the goods. I.e. in their favor to ensure maximum profits.
NEW PARAGRAPH ***********************
The staff report, as so often the case, seems to be basis, “Monkey See, Monkey Do” as the reason for doing this, i.e., by stating cities X, Y, Z are doing this, paying this, etc., but where is the detailed description as to precisely what specifications the City Council of 204
Manhattan Beach, or cities X, Y, Z placed on their camera usage and did they have a noticed Public Hearing before approving the stuff, or was it just a hidden consent item with weak-as-water, essentially zero specificity? If the such other city is so much better, why not simply merge with that City and become a Charter City. Stop with the “Monkey See, Monkey Do” mentality!
NEW PARAGRAPH ***********************
I would recommend that this latest ad-hoc spending not just be cavalierly rubberstamped by the Hermosa Beach City Council. The item NEEDS TO HAVE A FULLY NOTICED ‘PUBLIC HEARING’.
NEW PARAGRAPH ***********************
Again, this item is talking about a major Big Brother addition to the city of Hermosa Beach (Good or Bad) being accomplished without a fully noticed PUBLIC HEARING, when incredibly you still do not even have i.e., so much as even a $300 Ring-Door-Bell sized camera system monitoring the Hermosa Beach “bars district”, where the costly police presence has seemingly all but vanished. i.e. Why are permanent cameras not monitoring the significant Hermosa Beach public venue located at Hermosa Avenue (10th to 14th), Pier Plaza, and Parking Lots A, B and C. Why is that? Are you on the City Council waiting for a ‘Dodger Stadium’, post-game type of incident to occur with the resulting multi-multi-million dollar lawsuits from the victim(s) when you have been given presumptive notice REPEATEDLY?
NEW PARAGRAPH ***********************
Council, tell your City Manager publicly, that ALL spending items of an amount over $25,000 are to be automatic Municipal items, as they always were in the past for far lesser amounts. AND, please show some respect for the men, women, and children of this city when it comes to adding new ‘BIG BROTHER’ items to the city by continuing this item so that it can be 10-day noticed for a PUBLIC HEARING. Also instruct staff to bring a detailed Resolution specifying the precise rules of usage of the system for Council to approve. KINDLY STOP TAKING THE QUICK AND DIRTY ROUTE ON THIS KIND OF STUFF.
NOTE: I’ve included the NEW PARAGRAPH breaks because when the supplementals are formed from the eComments for attachment to the Agenda, the eComments paragraphing that the submitter has provided, are unfortunately, lost by whatever method is being used with the GRANICUS database system. Thank you for your careful consideration of this supplemental. Howard L.
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From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Sunday, April 24, 2022 2:08:51 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Tracy H submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: j. REPORT 22-0223 PURCHASE OF LICENSE AUTOMATED PLATE READERS (ALPR) FOR POLICE DEPARTMENT (Chief Paul LeBaron)
eComment: We were promised that if there was to ever be any expansion of surveillance cameras that there would be A PUBLIC HEARING! Will that promise be honored? View and Analyze eComments
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206
From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Monday, April 25, 2022 11:15:23 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Tony Higgins submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: j. REPORT 22-0223 PURCHASE OF LICENSE AUTOMATED PLATE READERS (ALPR) FOR POLICE DEPARTMENT (Chief Paul LeBaron)
eComment: Dear Council, If you read the staff report on license plate readers (URL below); at first blush it may seem like a pretty thorough description of how the license plate reader WILL be used. https://hermosabeach.legistar.com/LegislationDetail.aspx? ID=5565382&GUID=EA9A5C3F-1B2F-4490-8ED5-B94A8F411F02 But all it really says is how the license reader “MAY BE” used NOT how they WILL be used. “May” could mean anything and THAT is a problem. From Staff Report; These “hits” may include a reported stolen vehicle passing through, as well as vehicles listed as “wanted” in connection with crimes, missing persons, arrest warrants associated with a vehicle, and stolen license plates. Hermosa Beach Police Department detectives also have access to the database of license plates to assist them in criminal investigations. Until the police chief puts out a list of the specific criteria that will trigger an alarm both and how the police will respond on both fixed location readers and mobile readers in police vehicles; I don’t think informed public participation can occur. In my view there also needs to be a policy that the alert criteria cannot change with out public review. I’m not worried about serious crime alerts as described in the staff report; I’m worried about the slippery slope into less & less severe offenses and even non felony alerts or even non-criminal alerts that could constitute an unreasonable but technically legal invasion of privacy. Think about it, if your registration has expired by a day or two or you forgot to put your license tag on or perhaps you are late on a parking ticket will you be pulled over or flagged for action. Maybe send a meter maid around to your house to give you another ticket? Well the answer is we don’t know based on the sketchy information provided by staff. I’m also concerned database queries about who is going where and exactly how abuse will be prevented. Will a warrant be required to query this data or is this location data available at the whim of any city official? How long will these records be kept? Will data access audits be performed to ensure the location data is not being misused? In a nutshell, except in the case of a bonified & emerging emergency the police department 207
needs to commit to public access to the license plate reader alert profile and commit to hearing and public comment on any changes to that profile except in the case of emergencies. And not to offend Mr T. Larson or those that share his views, but when an authoritarian political party has 47% of the vote and their party leaders are threatening to take over the country in 2022 and 2024 - think of Strongman Wannabe Donald Trump or Florida Governor Ron (don’t say gay) DeSantis or Texas Governor Greg Abbott who wants to sue anyone/everyone remotely connected to an abortion including Uber drivers; well The nuts are pounding on the door Mr.
Larson. The only smart defense is total is a council demand for total transparency on the policies and procedures that will govern the use of mobile and fixed location license plate readers; and a public hearing on those detailed policies and procedures before this is approved. Tread carefully.
Be diligent and transparent Anthony Higgins
View and Analyze eComments
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208
From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 2:00:03 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Dean francois submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: j. REPORT 22-0223 PURCHASE OF LICENSE AUTOMATED PLATE READERS (ALPR) FOR POLICE DEPARTMENT (Chief Paul LeBaron)
eComment: This should be fully agendized and a public hearing scheduled for this View and Analyze eComments
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209
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0266
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
BROWN ACT DEMANDS
FILED BY KENT ALLEN AND MATT MCCOOL
(City Attorney Michael Jenkins)
Recommended Action:
Staff recommends City Council:
1. Receive and file this report; and
2. Direct the City Attorney to send response letters pursuant to Government Code § 54960.1(c) (2), communicating the City Council’s determination that the Demand Letters incorrectly assert Brown Act violations where no violations occurred, and as such, the City Council need not cure or correct the challenged action.
Executive Summary:
This report addresses two demand letters (“Demand Letters”) filed with the City from Kent Allen by email on April 10, 2022 (Attachment 1) and Matt McCool by email on April 11, 2022 (Attachment 2) asserting violations of the Brown Act pertaining to the City Council’s adjourned meeting of March 31, 2022 (Attachment 3).
Background:
To promote transparency and to comply with the Brown Act, City Council meetings are open and public. All business items to be addressed by the City Council generally must be included on a publicly posted agenda. To further promote the goal of accountable government, the statute allows interested persons to “demand” the City cure or correct an action alleged to have been taken without complying with the Brown Act. This procedure allows the City to account for its actions or take corrective action, as appropriate.
Written demands must be filed within 90 days from the date the action was taken or within 30 days if the action was taken at a public meeting on a non-agenda item. The Brown Act requires that the City Council determine whether it will cure or correct the challenged action within 30 days from when it received a timely demand. (Government Code § 54960.1(b)). If the City Council does not act within 30 days, the Council is deemed to have determined not to take any corrective action. No lawsuit may City of Hermosa Beach Page 1 of 6 Printed on 4/26/2022
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30 days, the Council is deemed to have determined not to take any corrective action. No lawsuit may be filed until after the City has a chance to respond to a demand to cure or correct an action.
The City seriously considers every alleged violation of the Brown Act. Both demands assert that the Council violated the Brown Act when during its March 31, 2022 adjourned regular meeting, it took action to approve a pilot program to place decomposed granite on a portion of the Greenbelt.
Specifically, the demands assert that the Council improperly took its action in a study session. The Demand Letters are timely and are attached as Attachments 1 and 2.
Discussion:
To assist the Council in evaluating the claims and determining a course of action, this report first analyzes the allegations and legal contentions set forth in the Demand Letters and then suggests a course of action.
The agenda for the March 31, 2022 Adjourned Meeting (“Adjourned Meeting Agenda”) was posted on Monday, March 25, 2022 (more than 72 hours before the meeting). The Meeting Agenda gave notice to the public that the meeting was an “Adjourned Meeting” during which two items would be discussed or acted upon: (1) the ADA study session to begin at 6:00 PM (Item VIII) and (2) “Consideration of Taking Action and Giving Direction to Staff on Items from the Americans with Disabilities Act (ADA) Study Session” under “Municipal Matters” (Item X) (Attachment 3 Adjourned Meeting Agenda).
Following the conclusion of the study session (Item VIII on the agenda), and during the Municipal Matters item (Item X on the agenda) of the Adjourned Meeting, the Council voted to approve a pilot project to replace the woodchip path of the Greenbelt, from Pier Avenue to 8th Street with decomposed granite (DG).
Following the meeting, the City Clerk received via email a cure and correct demand made pursuant to the Brown Act from Mr. Kent Allen, dated April 10, 2022 (“Allen Demand”), and a second cure and correct demand from Mr. Matt McCool, dated April 11, 2022 (“McCool Demand”), objecting to the action taken with respect to the DG pilot path.
The Allen Demand
The Allen Demand contends that the meeting violated the Brown Act for two main reasons: (1) it “was posted as ‘a study session’” and no action can be taken during a study session; and (2) “no notice [was] sent to residents by mail” and as a result no one had notice the Greenbelt pilot was being decided at the meeting. Neither contention amounts to a Brown Act violation for these reasons:
1. The Brown Act only recognizes three types of meetings - regular meetings, adjourned meetings, and special meetings. A “study session” is not a type of meeting either mentioned or City of Hermosa Beach Page 2 of 6 Printed on 4/26/2022
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meetings, and special meetings. A “study session” is not a type of meeting either mentioned or recognized in the Brown Act. As the Act makes no mention of “study sessions” whatsoever, a Council action during a study session cannot violate the Brown Act. The March 31 meeting was an “adjourned meeting” within the meaning of the Brown Act and its agenda consisted of two related but separate items of business: a study session (Item VIII) and a Municipal Matter (Item X).
Hermosa Beach Municipal Code (HBMC) section 2.04.050 provides that no action will be taken during a study session. This is the provision that Mr. Allen likely intended to cite in his Demand. However, as noted above, the Council did not take its action during the study session; rather, the action was taken under a separate item on the posted adjourned meeting agenda entitled “Consideration of Taking Action and Giving Direction to Staff on Items from the Americans with Disabilities Act (ADA) Study Session.” The title of this agenda item clearly identified it as a potential action item. Hence, the Council’s action under Agenda Item X did not violate HBMC section 2.04.050.
2. Neither the Brown Act nor any other provision of law requires mailed notice to residents, nor does Mr. Allen cite to any. With respect to noticing, the Brown Act simply provides that at least 72 hours before a regular meeting, City Council must “post an agenda containing a brief discussion of each item of business to be transacted or discussed at the meeting.” (Gov.
Code § 54954.2(a)(1).) Adjourned meeting agendas may be similarly posted. It is undisputed that the March 31, 2022 Adjourned Meeting agenda was properly noticed as required by the Act.
The McCool Demand
The McCool Demand cites to Government Code §54954.3(a) in support of his assertion that a study session agenda is limited to “a study session … for city council to provide guidance to staff to return with a full report, and then notice a public hearing during a regular meeting.” The McCool Demand also expresses the opinion that the action by City Council was intended to “circumvent[]” the voicing of “public criticism” in violation of Government Code § 54954.3(c).
Subdivision (a) of Section 54954.3 requires agendas “for regular meetings [to] provide an opportunity for members of the public to directly address the [City Council] on any item of interest to the public, before or during the [City Council’s] consideration of the item…” Subdivision (c) of Section 54954.3 provides that “the legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.” Neither of the arguments in the McCool Demand is a Brown Act violation for these reasons:
1. The assertion that a “study session agenda” is limited to “a study session … for city council to City of Hermosa Beach Page 3 of 6 Printed on 4/26/2022
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1. The assertion that a “study session agenda” is limited to “a study session … for city council to provide guidance to staff to return with a full report, and then notice a public hearing during a regular meeting” suffers from the same flaw as the Allen Demand discussed above. Namely, the Brown Act does not mention or recognize “study sessions” as a type of meeting. Hence, the Act does not bear on what the Council may do or not do during a study session. As discussed above, to the extent that HBMC section 2.04.050 does bear on the issue, there was no violation of that section in as much as the Council took its action following the conclusion of the study session under a separate agenda item.
Further, neither the Brown Act nor any other provision of law establishes a requirement that an action item regarding a matter addressed during a study session return to Council at a separate meeting or as a public hearing, nor does the McCool Demand cite to any. The posted Adjourned Meeting agenda clearly identified Item X as a potential action item. There is no law that prevents a city council from conducting a study session and then taking an action at the same meeting.
2. The McCool Demand’s assertion that the agenda was intended to “circumvent[]” the voicing of “public criticism” in violation of Government Code § 54954.3(c) is both speculative and incorrect. The March 31, 2022 Adjourned Meeting was properly noticed in advance so that interested members of the public could attend. Further, at the March 31, 2022 meeting, City Council invited public comment both during public participation at the start of the meeting and again during public comment when the Study Session item was heard. Comments both opposing and supporting the Greenbelt DG pilot path were received from the public. No viewpoints were suppressed, critical or otherwise. Hence, the Council did not prohibit public criticism in violation of the Brown Act.
Conclusion:
Based on the foregoing, I conclude that the Demand Letters are without merit and do not identify any action constituting a Brown Act violation. Accordingly, no Council action to cure or correct is legally required.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies:
· 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions City of Hermosa Beach Page 4 of 6 Printed on 4/26/2022
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· 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.10 Record systems and technology. Maintain record systems and utilize technology that promotes public access.
Goal 2. The community is active and engaged in decision-making processes.
Policies:
· 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis.
· 2.2 Universal outreach. Utilize diverse methods of outreach that promote public participation and ensure Hermosa Beach events are communicated to all segments of the communities. · 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods.
· 2.4 Public forums. Host periodic public forums on issues important to the community, facilitating these forums with the purpose of guiding City policy. · 2.6 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. · 2.9 Evaluation and feedback. Periodically solicit service evaluations from the community and utilize feedback to improve and develop the City’s policies, ordinances, programs, and funding priorities.
· 2.11 Social media and technology applications. Enhance the City’s social media presence and use of technology applications as tools to notify, provide updates, and engage the community.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1. Kent Allen Demand 4-10-22
2. Matt McCool Demand 4-11-22
3. March 31, 2022 Adjourned Meeting Agenda
4. SUPPLEMENTAL eComment from Kent Allen (Submitted on 04-26-2022 at 7.53 a.m.)
5. SUPPLEMENTAL eComment from Howard Longacre (Submitted on 04-26-2022 at 1.31 a.m.)
6. SUPPLEMENTAL eComment from Matt McCool (Submitted on 04-26-2022 at 2.09 p.m.)
7. SUPPLEMENTAL eComment from Dean Francois (Submitted on 04-26-2022 at 2.52 p.m.) City of Hermosa Beach Page 5 of 6 Printed on 4/26/2022
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Respectfully Submitted by: Michael Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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From: Kent Allen <[email protected]>
Sent: Sunday, April 10, 2022 7:53 AM
To: Hermosa Beach City Council <[email protected]> Cc: Michael Jenkins <[email protected]>; Kevin Cody <[email protected]> Subject: Cure and correct
Hermosa Beach Mayor Detoy And City Council
Subject: Cure and Correct improper actions taken at the meeting of 3/31/22 regarding the paving of the greenbelt.
Dear Mayor Detoy,
This letter is to call your attention to what I believe was a substantial violation of a central provision of the Ralph M. Brown Act, one which may jeopardize the finality of the action taken by the City council of Hermosa Beach regarding the paving of the greenbelt.
The nature of the violation is as follows: The City council meeting of 3/31/2022 was posted as a “study session.” By its very nature labeling the meeting as a “study session” implied to me that the council would just be talking about a topic, in this case, ADA accessibly in the city, and as such the average person would logically conclude that the council was simply having a discussion. Boy was I wrong. The Council took action on the paving over of the greenbelt with hardscape! There was no notice sent to the residents by mail and most people have no idea that this was even taking place because of the lack of notice. One would think that a matter of such importance that the city would go out of their way make the residents aware of the implications, but instead, having watched the meeting later it was quite apparent that only “insiders” were made aware of the meeting. The action taken was not in compliance with proper notice to the public and this item is not listed in the CIP project list.
It is my belief that the title of the meeting was intentionally misleading and designed to trick the public. Because the meeting was not properly communicated to the residents in that it was titled a “study session.” implies that the meeting was just a discussion. Additionally, our own city attorney had previously stated that paving the greenbelt would not be allowed under conditions of the peoples' vote and that any hardscaping on the greenbelt would need to be approved by a vote of the people
I urge you to do the right thing and be on the right side of history by re-noticing this item so that the people of Hermosa may have their word heard and that be overrun by less than a handful of people. The last thing this city needs is another lawsuit like the Crossfit gym. As Bill Clinton famously said, public policy should be designed to benefit the most people possible and not just a few.
Respectfully yours
Kent Allen
A Hermosa Beach Resident since 1979
cc Mike Jenkins
--
Kent Allen
216
Matt McCool
[email protected]
(310) 486-9696
April 11, 2022
VIA ELECTRONIC MAIL
City Council
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Brown Act Cure and Correct Demand Letter
Dear Mayor Detoy and Honorable City Council:
This letter is to call your attention to what I believe was a violation of the Ralph M. Brown Act, for the March 31, 2022 ADA Study Session when the Hermosa Beach City Council took action directing City staff to begin a pilot decomposed granite trail project on the greenbelt from Pier Avenue to 8 th Street.
An agenda of a study session is for the city council to provide guidance to staff to return with a full report, and then notice a public hearing during a regular meeting. Mayor Pro Tem Jackson asked that question during the dysfunctional session: https://www.facebook.com/mccool.matt/videos/706388677059210 As a legislative body, you are required to follow the Brown Act, Government Code §54954.3:
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body… The March 31, 2022 ADA Study Session, only provided a “Feasibility Study for an Accessible Trail along the Greenbelt” with three proposed options. Without a detailed staff report, there appeared to be a cavalier attitude regarding the expense to the taxpayers. Also, there is a perception that woke virtue signaling is more important than financial stewardship.
Furthermore, I believe this violation of the Brown Act was intentional. In 2017, it became obvious a majority of the people in Hermosa Beach opposed any alterations to the greenbelt. Therefore, the decision made by the city council was to circumvent a provision of the Brown Act, Government Code §54954.3:
c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.
As you are aware, the Brown Act creates a legal remedy for illegally taken actions. Pursuant to that provision (Government Code Section 54960.1), I demand that the City of Hermosa Beach cease any action directed by this city council on March 31, 2022. Secondly, the City must place this issue on a meeting agenda, where the city council can cure and correct their illegal actions.
As provided by Section 54960.1, you have 30 days from the receipt of this demand to either cure and correct the challenged action or inform me of your decision not to comply.
Very Respectfully,
Matt McCool
CC: Hermosa Beach City Manager, Suja Lowenthal (Via email) Hermosa Beach City Attorney, Michael Jenkins (Via email) Hermosa Beach City Clerk, Myra Maravilla (Via email) 217 Thursday, March 31, 2022
5:00 PM
City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
City Council
Mayor
Michael Detoy
Mayor Pro Tem
Raymond Jackson
Councilmembers
Stacey Armato
Mary Campbell
Justin Massey
Adjourned Meeting Agenda
Closed Session - 5:00 PM
Open Session - 6:00 PM
Hybrid virtual/in-person meetings are held pursuant to AB361 Duly posted on Monday, March 25, 2022 at 5:00 p.m. by A.Y.
Executive Team
Angela Crespi, Deputy City Manager
Viki Copeland, Finance Director
Myra Maravilla, City Clerk
Paul LeBaron, Chief of Police
Joe SanClemente, Public Works Director
Ken Robertson, Community Development Director
Vanessa Godinez, Human Resources Manager
Lisa Nichols, Community Resources Manager
City Treasurer
Karen Nowicki
City Attorney
Michael Jenkins
Suja Lowenthal, City Manager
218
City Council Adjourned Meeting Agenda March 31, 2022
VIEWING OPTIONS FOR PUBLIC MEETINGS
Public meetings are broadcast live on Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach. Additional viewing options are provided as a courtesy.
ZOOM: Join the meeting link if available or participate by phone YOUTUBE CHANNEL: https://www.youtube.com/c/CityofHermosaBeach90254 CITY WEBSITE: www.hermosabeach.gov and visit the Agendas/Minutes/Videos page ***PLEASE NOTE: IF YOU EXPERIENCE TECHNICAL DIFFICULTIES WHILE VIEWING THE
MEETING ON ONE OF THESE PLATFORMS, PLEASE TRY ONE OF THE OTHER VIEWING OPTIONS***
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.hermosabeach.gov. 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) 318-0204 at least 48 hours prior to the meeting.
City of Hermosa Beach Page 2 Printed on 3/25/2022
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City Council Adjourned Meeting Agenda March 31, 2022
5:00 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 ON THE CLOSED SESSION AGENDA
Hybrid virtual/in-person meetings are held pursuant to AB361. State and local officials recommend measures to promote social distancing. Members of the public may email comments to [email protected] or submit eComments until 3:00 p.m. on the meeting date.
IN-PERSON: Council Chambers, 1315 Valley Drive, Hermosa Beach ZOOM: https://us02web.zoom.us/j/89968207828?pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 OR PARTICIPATE BY PHONE:
• Toll Free: 833-548-0276
• Meeting ID: 899 6820 7828, then #
• Passcode: 472825
ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED.
If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line when asked to do so. Comments from the public are limited to 3 minutes per speaker.
RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM a. 22-0180 MINUTES: Approval of minutes of Closed Session held on March 22, 2022.
b. 22-0179 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
Unrepresented Employees
RECESS TO OPEN SESSION
City of Hermosa Beach Page 3 Printed on 3/25/2022
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City Council Adjourned Meeting Agenda March 31, 2022
6:00 P.M. – STUDY SESSION
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. ANNOUNCEMENTS - UPCOMING CITY EVENTS
V. APPROVAL OF AGENDA
VI. 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. Comments from the speaker are limited to three minutes per speaker.
VII. OPENING REMARKS: City Manager Suja Lowenthal
VIII. STUDY SESSION
a. REPORT
22-0173
AMERICANS WITH DISABILITIES ACT (ADA) STUDY SESSION
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council receive and discuss:
1. The City's ongoing Americans with Disability Act (ADA) program efforts;
2. The Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (Attachment 1); and
3. The Feasibility Study for an Accessible Trail along the Greenbelt (Attachment 3).
1. Draft 2022 ADA Self-Evaluation and Transition Plan
2. Draft ADA Self-Evaluation and Transition Plan Appendix B – ADA Evaluation
3. Feasibility Study for an Accessible Trail along the Greenbelt
4. Link to February 27, 2018 City Council Staff Report on ADA Assessment and Proposed Decomposed Granite Path On Greenbelt
5. Link to July 13, 2021 City Council Staff Report for Adoption of the Fiscal Year 2021–22 Budget
6. Link to March 2, 2022 Public Works Commission Staff Report on Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan and Feasibility Study
7. Presentation Slides
Attachments:
IX. 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. Comments from the speaker are limited to three minutes per speaker.
City of Hermosa Beach Page 4 Printed on 3/25/2022
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City Council Adjourned Meeting Agenda March 31, 2022
X. MUNICIPAL MATTER
a. REPORT
22-0176
CONSIDERATION OF TAKING ACTION AND GIVING DIRECTION TO
STAFF ON ITEMS FROM THE AMERICANS WITH DISABILITIES ACT (ADA) STUDY SESSION
(Public Works Director Joe SanClemente)
1. Draft 2022 ADA Self-Evaluation and Transition Plan
2. Draft ADA Self-Evaluation and Transition Plan Appendix B – ADA Evaluation
3. Feasibility Study for an Accessible Trail along the Greenbelt
4. Link to February 27, 2018 City Council “Report on ADA Assessment and Proposed Decomposed Granite Path on Greenbelt” Staff Report
5. Link to July 13, 2021 City Council Staff Report for Adoption of the Fiscal Year 2021–22 Budget
6. Link to March 2, 2022 Public Works Commission “Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan and Feasibility Study for an Accessible Trail along the Greenbelt” Staff Report
7. Presentation Slides
Attachments:
XI. ADJOURNMENT
City of Hermosa Beach Page 5 Printed on 3/25/2022
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City Council Adjourned Meeting Agenda March 31, 2022
FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:
April 12, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
April 21, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - FY 2022-2023 CIP Study Session
April 26, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
May 10, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
May 24, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
June 2, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Budget Study Session
June 14, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
June 28, 2022 - No meeting due to lack of quorum
July 12, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
July 21, 2022 -Thursday - Adjourned Regular Meeting:
6:00 PM - Joint meeting with all Boards/Commissions
July 26, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 4, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Study Session
August 9, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 23, 2022 - Tuesday - No Meeting (Dark for Summer Break) September 1, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Study Session
September 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
September 27, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
October 11, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 22, 2022 -Saturday - Adjourned Regular Meeting:
8:00 AM - City Council Retreat
October 25, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
November 3, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting
November 8, 2022 - No meeting due to lack of quorum (General Election) November 22, 2022 - No meeting due to lack of quorum (Thanksgiving week) November 29, 2022 -Tuesday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting (Installation of new officers) City of Hermosa Beach Page 6 Printed on 3/25/2022
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City Council Adjourned Meeting Agenda March 31, 2022
CITY COUNCIL MEETINGS - CONTINUED:
December 1, 2022 -Thursday - Adjourned Regular Meeting:
6:00 PM - Mayor Transition Ceremony & Reception
December 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
December 27, 2022 - Tuesday - No Meeting (Dark for WInter Break) BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:
April 4, 2022 - Monday - 6:00 PM - Economic Development Committee Meeting April 5, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 19, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting May 2, 2022 - Monday - 6:00 PM - Economic Development Committee Meeting May 3, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 17, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting May 18, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting June 6, 2022 - Monday - 6:00 PM - Economic Development Committee Meeting June 16, 2022 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 21, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting July 5, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 19, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting July 20, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting August 2, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 16, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 21, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting October 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 18, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 1, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 15, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 16 - Wednesday - 6:00 PM - Public Works Commission Meeting December 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:
May 30, 2022 - Monday - Memorial Day
July 4, 2022 - Monday - Independence Day
September 5, 2022 - Monday - Labor Day
November 24, 2022 - Thursday - Thanksgiving Day
December 26, 2022 - Monday - Christmas Day (observed)
January 2, 2023 - Monday - New Year's Day (observed)
City of Hermosa Beach Page 7 Printed on 3/25/2022
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From: Kent Allen
To: City Clerk
Cc: Ann Yang
Subject: Fwd: Public Comment sectionCity Council Hybrid Meeting April 26h..
Date: Tuesday, April 26, 2022 7:52:46 AM
Dear City Cleark:
Due to a medical injury, I may not be able to make the public comment section of the meeting tonight as I am in pain. I will make every effort to make the meeting, but should I miss the meeting, I would appreciate it if you would read this statement (as you did for another resident at the last meeting). I would appreciate it if you would first play the clip I send you yesterday and then read this statement below.
https://www.dropbox.com/s/2d6i5twx8rd4i7y/Massey%20Greenbelt.mp4 There are always two sides to Justin Massey. Justin Massey has a history of flipping sides on any topic to suit his political goals. Look at the Shock box vote as an example. At one point he recused himself from voting because of the distance to his home and the next he decided that the distance was no big deal. As you can see in the attached clip, Massey was very clear in his opinion of if the greenbelt could be paved with decomposed granite. But then something changed? Is there some horse-trading going on with Armato? DId Massey flip his opinion on the greenbelt for Armato to get the vote on the pot shop he wants? I suppose we will never know.
It should also be noted that Mary Campbell also flipped her opinion on paving the greenbelt also. During her campaign for office, she was against paving the green belt and made her point of view clear at a public debate.
Lastly- It has not gone unnoticed that Mike Jenkins has been noticeably absent from any comment on paving the greenbelt.
Justin, Mary, and Mike- you three have some explaining to do.
Warmly,
Kent Allen
Please include this email in written communication.
---------- Forwarded message ---------
From: Kent Allen <[email protected]>
Date: Mon, Apr 25, 2022 at 3:13 PM
Subject: Public Comment sectionCity Council Hybrid Meeting April 26h To: Hermosa Beach City Council <[email protected]> Dear City Cleark:
225
I plan on speaking during the public comment section at the next City Council meeting.
Please see that this video is ready for me to speak about at that meeting.
Please let me know that you have received this email.
https://www.dropbox.com/s/2d6i5twx8rd4i7y/Massey%20Greenbelt.mp4 --
Kent Allen
[email protected]
310-864-9124
--
Kent Allen
--
Kent Allen
226
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting City Manager’s Office/City Clerk: Please post this Supplemental with Consent Item XI-k (re: Brown Act Cure and Correct letters) of the 6-PM Regular City Council Meeting of April 26, 2022. Thank You as always for prompt posting to the agenda for all concerned.
April 26, 2022
To: Hermosa Beach City Council (Mary Campbell-Collins, Justin Massey, Raymond Jackson, Michael Detoy, Stacey Armato), City Clerk Myra Maravilla, City Manager Suja Lowenthal, and Contract City Attorney Michael Jenkins.
From: Howard Longacre, Resident
Re: Consent Item XI-k ‘BROWN ACT DEMANDS FILED BY KENT ALLEN AND MATT MCCOOL’, with response by HB’s No Bid Contract City Attorney For Life Michael Jenkins.
Staff Report direct link:
https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=5565390&GUID=5FEC71FB-E9B6-4552-8112- F8CCA3ADAEFC
City Council and others:
ALL in this communication are of my understanding, views, and suggestions.
Pardon any perceived length. No one is forcing anyone to read any of this, unlike the forcing upon the 20,000 residents of the dead-wrong Half-Million Dollar actions by the City Council as being accomplished now in “Study Sessions”.
Notwithstanding the expected and standard, dismissive, boiler-plate “no merit” response from the Council’s ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins, to these two M. McCool and K. Allen “Cure and Correct” demand letters, the issue here is clearly one that is unfortunately accepted by a majority of Hermosa’s City Council and especially their cozy and “warmly” incompetent, ultra-thin-skinned, authoritarian, wannabee, ‘Queen Bee’ City Manager Suja Lowenthal.
Council, you have been, week by week, meeting by meeting, most clearly, systematically, and deceitfully doing all possible to in fact take the people of Hermosa Beach out of participation in their own government. That is clear as crystal. And that is really outrageous and in my view, actually perhaps criminal; and perhaps the D.A. needs to get involved?
I would like to again remind you all that the “Electorate” and people of Hermosa Beach are at the very top of the city’s organizational chart. Btw, the very chart that C.M. Suja Lowenthal had removed from the Council Chambers.
227
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting You’d be best to never forget how the city is organized and who is at the top. Btw, the organizational chart needs to be returned and made easily viewable by all who attend meetings of the Council and Commissions. I call on the Mayor to insist upon that.
Then in the City’s organizational chart, directly under the “Electorate”, comes the City Council, and not until then, under the City Council comes the City Manager.
Unfortunately “SUJA” most evidently believes she’s so big and important that she’s at the top of the organizational chart. She no doubt wants everyone to believe that. She surely must know that she can be out of Hermosa Beach employment in a flash by three members of the City Council for any reason simply paying her 6-month’s salary and saying to her “leave Immediately”; and then hiring a real, non-politician, professional City Manager who doesn’t run all the good people out of the city, and replace them with overpaid stooges mostly to be learning on the job at HB taxpayer expense, and to be kissing up and totally beholden to over-compensated “Queen Bee” Suja.
It’s noteworthy that “Queen Bee” Suja has relegated the City Clerk’s department as being part of her “team”. The City Clerk’s department, even though now hired, none the less should be co-independent with the City Council as it was when it was elected.
Clearly C.M. Suja is apparently systematically relegating the City Clerk operation as something fully under her puppet-master control. She even took away the office space of the important City Clerk operation and dumped it into a tiny office with a prison window looking out onto Bard Street. How outrageous was that? No doubt, that was just another actual reason why the first hired City Clerk Eddie left.
Suja could apparently not care less about individual employees so long as she’s the top dog Queen Bee. She’s beneath even being in City Hall during the real city hall hours of operation and that was occurring long before the pandemic hit, yet still the Council doesn’t seem to give a proverbial “rat’s rear end” so long as Suja is adept at patronizing your egos to the maximum and taking Councilwoman Stacey Armato’s calls at 10 PM.
Much like your ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins has his 28 years of experience here in city at doing. And never forget that it was former councilman Jeff Duclos and Stacey Armato who hired Suja. I cannot think of two more unqualified people to hire a city manager for this city’s staff and operation. But that’s unfortunately water under the bridge.
Btw, C.M. Suja almost looked like she was going to launch off her chair at Council’s CIP “Study Session” a few days ago --- at the time Councilwoman Armato was giving her spiel on the CIP presentation.
C.M. Suja needs to hyper-control everything, especially the flow of information to the public and press. She’s constantly chiming in to redirect staff members and councilmembers to her personal way i.e., “I just want to let the Council know”; blah, 228
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting blah, blah. Hell, why doesn’t C.M. Suja just do all the talking rather than bringing staff in to eat up costly hours of their time at meetings. Suja clearly doesn’t get it. It’s a government, and the wheels of government grind best when they grind carefully, openly, and honestly.
The point is that starting with the dumping of former councilman Hany Fangary on trumped-up b.s. by C.M. Suja, and the three Councilmembers --- Justin Massey, Stacey Armato, and Mary Campbell-Collins ---- from Hany being routinely appointed as ceremonial Mayor for 9 or 12 months in the traditional rotation, with no-doubt that being quietly facilitated as perfectly fine by ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins, just about everything in city has gone to “Hell in a Handbasket” under this same group of 3 councilmembers and 2 costly contract hires.
I.e., from the Agendas having inappropriate stuff jammed onto the Consent Calendar, to the attempt to eliminate “Written Communications” to now taking actions in “Study Sessions”. Talk about filthy-rotten-Hermosa Beach government. It’s never been like this before. It’s a dictatorship, inebriated with power. Big shot Hermosa politicians! Anything goes with the authoritarian de facto dictators of Massey, Armato, CampbellCollins and their Queen Bee City Manager, and never to forget the master of keeping three on council happy to maintain his lucrative ($1 million + a year in billings) the ‘NoBid-Contract-City-Attorney-For-Life’ Michael Jenkins. It’s quite the controlling 3 plus 2 un-elected contract-hires system while the apathetic people of Hermosa Beach evidently have little clue.
The point is that these ‘Cure-and-Correct’ letters should at the minimum make the City Council speak up and say, we screwed up, we should not have taken actions in those two recent Study Sessions. The Council on its own, notwithstanding that there technically may be nothing to ‘cure and correct’, can again, admit that they blundered in playing to a biased group re: an “accessibility path” and recognized that the 20 thousand men, women, and children of the city did not really know, and were not informed that they needed to be at that meeting, i.e. via a 10-day noticed public hearing, with fluorescent orange placards also being placed every 300 to 500 feet along the length of the Greenbelt.
Who, by the way, ever heard of a “trial” Half-Million-Dollar hard-scape path, to be 12-feet wide, for a third of a mile, as being so cavalierly approved in a minimally 72-hour noticed “study session”, especially on the Greenbelt and to be replacing a present wood-chips path that the people paid dearly for basis a ballot measure they approved by a vote and with zoning set?
And for that matter, even freeway lanes are seldom 12-feet wide anymore. The council knowingly approved what will de facto be driven on by police cars, not to mention all types of bikes between 8th Street and Pier Avenue. There’s no question Council knowingly approved a back-door bikeway using the “Access Hermosa” group as 229
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting stooges to justify Council’s own hidden agenda of a Greenbelt bikeway always desired by some but overwhelmingly not wanted by the majority in city, basis prior meetings years ago. And since when do people with canes, or electric carts, or walkers need a 12’ wide freeway for accessibility on the Greenbelt where they’ll be run over by joggers and people on bikes?
So who lives on 8th Street or just off 8th Street to be using this Half Million Dollar hardscape path on the Greenbelt? That’s right, Councilmembers Justin Massey, and Mary Campbell-Collins.
It’s a de facto back-door bikeway approval. Now if that’s what the people want, so be it, but let’s not have it accomplished via the, filthy, slimy, despicable rotten techniques being used by this Council and their facilitating super-costly incompetent City Manager Suja Lowenthal, and ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins.
Forget the “cure and correct”, and simply correct the filthy rotten wrong you on Council accomplished. Your action was a complete rip-off of the 20,000 men women and children who had no idea you’d pull such a despicable stunt.
This is what we get from with an incompetent City Manager doing the dirty work for you on Council, and for a ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins, who’s made so many millions off this city for some 28 years, longer than anyone now employed in city but perhaps for Finance Director Viki Copeland. ‘No-Bid-Contract-City-Attorney-For-Life’ Michael Jenkins knows better that the City never casts decisions “literally in concrete” during “Study Sessions”, and I see nothing in his dismissive boiler plate report indicating such to you.
The Council and City Manager Suja are clearly doing all they can, along with ‘No-BidContract-City-Attorney-For-Life’ Michael Jenkins help, to take the people of this city out of the decision making process. You all should be recalled for not speaking out individually and strongly.
I’ve never seen five members of a Hermosa City Council who are so afraid of saying anything during a public meeting. Who is it that’s controlling you five? Is it your handful of groupies using you as pawns for their agendas?
Following attached is an email I sent to you before you received any “cure and correct” letters, which itself should have caused you to immediately instruct the City Manager to start a process to rescind your inappropriate Greenbelt action and initiate a proper Public Hearing process perhaps leading to an advisory or other ballot measure on the Greenbelt “accessibility” or other related subject.
Attachment:
230
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting Email sent to the HB City Council by H. Longacre, April 6, 2022.
April 6, 2022 Email Attachment:
Email copy of PR propaganda text received from City Clerk's office.
Public Works Department to Install Decomposed Granite Path on a Portion of the Greenbelt to Provide Access for All
The Hermosa Beach City Council voted Thursday night to improve access on a portion of the City’s Greenbelt by installing a decomposed granite path that is easier for people with mobility issues to navigate.
Press Release: HERMOSA BEACH CITY COUNCIL VOTES TO IMPROVE ACCESS ON
GREENBELT
231
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting Public Works Department to Install Decomposed Granite Path on a Portion of the Greenbelt to Provide Access for All
The Hermosa Beach City Council voted Thursday night to improve access on a portion of the City’s Greenbelt by installing a decomposed granite path that is easier for people with mobility issues to navigate.
Post Date: 04/06/2022 3:57 PM
HERMOSA BEACH – The Hermosa Beach City Council voted Thursday night to improve access on a portion of the City’s Greenbelt by installing a decomposed granite path that is easier for people with mobility issues to navigate. The Council approved a pilot program that would replace the Greenbelt’s existing woodchips with decomposed granite from Pier Avenue to 8th Street.
“The Greenbelt is one of Hermosa’s gems, and the new access path will mean more members of our community can enjoy it,” said Hermosa Beach Mayor Mike Detoy.
To further discuss and inform the community about the access improvements, the Mayor hosted his monthly Conversation and Cleanup event at the 9/11 Memorial on the Greenbelt Saturday. The City temporarily installed a Mobi-Mat, which is a polyester mesh mat that made it possible for people with mobility issues to attend.
The access path pilot program the Council approved would increase current accessibility on a portion of the Greenbelt, which is a 1.7-mile pathway that was developed in 1986 on an abandoned Santa Fe Railroad spur. Further funding approvals are needed before the pilot project can proceed as a Capital Improvement Project.
Over the years, the City has provided incremental access improvements to the Greenbelt with the construction of curb ramps and ramps at cross streets and various mid-block points of access. The City also has installed workout stations, water fountains, benches, and monuments.
The City Council’s vote to install the decomposed granite path came after a detailed presentation of the City’s most recent efforts to improve access in all its projects, including the five new park restrooms it is constructing.
The City recently installed 38 new curb ramps as part of its repaving programs, three MobiMats to make the beach more accessible and improved or installed 22 parking spaces for people with disabilities.
232
Supplemental testimony from H. Longacre (Resident) to Consent Item XI-k (re: Greenbelt action Cure and Correct Demand letters)
April 26, 2022 Hermosa Beach City Council 6-PM Regular Meeting The City has a dedicated Certified Access Specialist to advise it on compliance with the Americans with Disability Act (ADA), the federal prohibition on discrimination against people with disabilities. It also has an ADA grievance process for members of the public to seek accommodations, and it is finalizing its evaluation and transition plan to ensure ADA compliance in City projects.
In addition, the City has committed approximately $662,000 in Fiscal Year 2021-22 to address ADA issues and grievances, fund ADA consulting, and address priority accessibility enhancement needs.
“We are committed to serving all our community members by improving access throughout the City,” said Public Works Director Joe SanClemente. “Ensuring people with mobility issues have access is a fundamental element in virtually all our capital improvement projects.” END OF SUPPLEMENTAL.
233
From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 2:08:58 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Matt McCool submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: k. REPORT 22-0266 BROWN ACT DEMANDS FILED BY KENT ALLEN AND MATT MCCOOL (City Attorney Michael Jenkins)
eComment: I am not qualified to challenge the legal analysis that there were no Brown Act violations during the ADA study session. However, I am respectfully requesting the City Council pull this item from the consent calendar. I believe a staff report is in order to educate the public.
In 2018, Councilwoman Armato promised “public hearings” and “robust community discussions.” Also, the February 28, 2018 “regular” City Council meeting, the main agenda item states a “decomposed granite path.” There is clearly a lack of continuity with the agendas of study sessions. The municipal matter agenda item for the parking study session references to notice a public hearing, but the ADA study session does not include a notice for a public hearing. https://hermosabeach.legistar1.com/hermosabeach/meetings/2022/1/1421_A_City_Council_22- 01-31_Adjourned_Meeting_Agenda.pdf
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From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 2:51:36 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Dean francois submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: k. REPORT 22-0266 BROWN ACT DEMANDS FILED BY KENT ALLEN AND MATT MCCOOL (City Attorney Michael Jenkins)
eComment: There is no question, the council needs to be sure they are not taking any votes or action during study sessions. That would be a violation. With regards to the specific item in question, we need more and stronger leadership in the community. Instead, we end up with advocates for access ruffing up against those that believe paving the greenbelt is a violation of the land purpose. If we were concerned about access we would be improving streets and sidewalks so that access to public services are improved, especially right on Ardmore and Valley.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0246
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
ADOPTION OF ORDINANCE NO. 22-1445
OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE
CHAPTER 12.20: BEACH AND STRAND REGULATIONS
(Interim City Clerk Susan Morrow)
Recommended Action:
Staff recommends City Council waive the full second reading and adopt by title Ordinance 22-1445; and direct staff to publish a summary ordinance.
Executive Summary:
At the April 12, 2022 City Council meeting, staff introduced on first reading Ordinance 22-1445 (Attachment 1). The proposed text amendments would approve the Parks, Recreation and Community Resources Advisory Commission’s recommended amendments to Hermosa Beach Municipal Code Chapter 12.20, Beach and Strand Regulations, and would revise the existing language and staff’s recommendation to address outdated language in the City’s Beach and Strand Regulations that proposes removal of the existing regulation regarding the changing of clothing as appears no longer applicable to current norms.
Due to the size of this ordinance, staff requests City Council direction to publish the proposed summary ordinance (Attachment 2).
Background:
In September 2019, staff was notified that temporary volleyball courts were installed within the residential zone on the beach, south of 10th Street and north of 15th Street, less than 50 feet from the Strand wall. Due to inconsistences found between City policy and the Hermosa Beach Municipal Code (HBMC), staff recommended, to the Parks, Recreation and Community Resources Advisory Commission (Commission), language updates to Chapter 12.20, Beach and Strand Regulations, meant to modernize the City’s regulations and resolve any confusion between City policy and the HBMC.
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Staff Report
REPORT 22-0246
Staff’s recommendation included the requirement of a 50-foot distance from the Strand wall for any recreational activity and the prohibition of recreational activities from blocking beach access points or emergency lanes required by the Los Angeles County Lifeguards. The Commission approved the recommended language changes at its July 7, 2020 meeting, followed by an additional review of the language addressing tents on the beach at its August 4, 2020, and final approval at its September 1, 2020 meeting. Scheduling consideration of the recommended amendments for Council review and approval proved challenging as staff worked on reimagining parks and recreation programming, classes, and events during the COVID-19 lockdowns restrictions and restoring them as they were lifted. Staffing shortages compounded the delay.
Also included in Attachment 1 is an additional modification by staff to address outdated language in the City’s Beach and Strand Regulations that was not considered by the Commission as the subject matter did not fall under the purview of the Commission. This proposed modification proposes removing the existing regulation regarding the changing of clothing, as it appears no longer applicable to current norms.
At its April 12, 2022 meeting, City Council conducted a public hearing to consider an ordinance to Approve the Parks, Recreation and Community Resources Advisory Commission’s recommended amendments to Hermosa Beach Municipal Code Chapter 12.20: Beach and Strand Regulations. At the meeting, City Council approved the introduction of the ordinance by the following vote:
Ayes: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Armato, Campbell, and Massey
Noes: None
Absent: None
Abstain: None
Past Planning Commission and City Council Actions:
Meeting Date Description
February 4, 2020 Review of HBMC Chapter 12 sections 12.20.060 and
12.20.080
July 7, 2020 Recommend approval of proposed language changes to HBMC Chapter 12 section 12.20.060 and 12.20.280
August 4, 2020 Review of HBMC Chapter 12 section 12.20.330 September 1, 2020 Recommend approval of proposed language changes to HBMC Chapter 12 section 12.20.030
April 12, 2022 First reading of Ordinance 22-1445
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REPORT 22-0246
General Plan Consistency:
This report and associated recommendation have been evaluated for its consistency with the City’s General Plan. Relevant Policies are listed below:
Parks and Open Space Element
Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.
Policies:
· 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise.
· 7.5 Designated Recreational Uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents.
Fiscal Impact:
There are no fiscal impacts associated with the recommended action.
Attachments:
1. Proposed Ordinance 22-1445
2. Summary Ordinance for publication
3. Link to February 4, 2020 Commission Staff Report
4. Link to July 7, 2020 Commission Staff Report
5. Link to August 4, 2020 Commission Staff Report
6. Link to September 1, 2020 Commission Staff Report
7. Link to April 12, 2022 City Council Staff Report
8. SUPPLEMENTAL eComment from Randy Balik (Submitted on 04-23-2022 at 1.20 p.m.)
9. SUPPLEMENTAL eComment from Dean Francois (Submitted on 04-26-2022 at 2.40 p.m.)
10. SUPPLEMENTAL eComment from Lauren Pena (Submitted on 04-26-2022 at 2.56 p.m.) Respectfully Submitted by: Susan Morrow, Interim City Clerk Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL
CODE CHAPTER 12.20 (BEACH AND STRAND
REGULATIONS), AND FINDING THE SAME EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1. Chapter 12.20 “Beach and Strand Regulations” of the Hermosa Beach Municipal Code is amended to read in full as follows:
Chapter 12.20
BEACH AND STRAND REGULATIONS
Sections:
12.20.010 Definitions.
12.20.020 Compliance.
12.20.030 At own risk.
12.20.040 Alcoholic beverages--Violation--Penalty.
12.20.050 Animals.
12.20.060 Balls on beach and the StrandActivities, Sports and Conduct on the Beach and the Strand.
12.20.065 Beach volleyball courts.
12.20.070 Bathing..
12.20.080 Beach equipment. Reserved
12.20.090 Boating.
12.20.100 Changing clothing. Reserved
12.20.110 Fires.
12.20.120 Fireworks.
12.20.125 Smoking.
12.20.130 Fishing--Safety practices.
12.20.140 Flora.
12.20.150 Glass or other sharp objects.
12.20.160 Glass and rubbish--Deposit in receptacle.
12.20.170 Hazardous areas--Designation.
12.20.180 Inflated equipment.
12.20.190 Lifeguards and police officers.
12.20.200 Lifesaving apparatus.
12.20.210 Loitering.
12.20.220 Motorized and electric wheeled devices.
12.20.224 Designated in-line skating areas
12.20.230 Wheeled vehicles or devices on Strand walkway and Pier Plaza.
12.20.240 Overnight camping.
12.20.250 Pollution of water.
12.20.260 Safety practices.
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12.20.270 Removal of sand.
12.20.280 Shooting.
12.20.290 Signals of danger.
12.20.300 Solicitation.
12.20.310 Destruction or mutilation of structures.
12.20.320 Surfboards, surf mats and paddleboards--Use of.
12.20.330 Tents.
12.20.340 Exceptions.
12.20.350 Obstructing free movement.
12.20.010 Definitions.
As used in this chapter:
"Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half (1/2) of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
"Beach" means that certain strip of land within the city lying between the westerly line of the Strand and the line of ordinary tide of the Pacific Ocean.
"Strand" means that certain strip of land used as a public walkway and lying between the oceanfront lot line and a line twenty-six (26) feet west and parallel with said oceanfront lot line. "Vessel" means and includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Vessel includes a raft, but does not include a surfboard, paddleboard or a standard surf mat.
12.20.020 Compliance.
No person shall enter, be or remain on the beach or Strand unless he complies with all of the regulations set forth in this chapter and with all other applicable rules and regulations.
12.20.030 At own risk.
A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of this city for any injury to person or property resulting therefrom.
12.20.040 Alcoholic beverages--Violation--Penalty.
A. No person shall consume or drink any alcoholic beverage while on the beach or the Strand.
B. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the beach or the Strand.
C. Violation Defined--Penalties. Any person violating any provisions of this section shall be deemed guilty of an infraction, except that a violation of subsection (A) of this section that occurs within the boundaries of and during the effective dates and times of the holiday safety enhancement zone shall be a misdemeanor pursuant to Section
1.04.060.
12.20.050 Animals.
No person shall bring or maintain, under any circumstances or conditions, any dog, cat, domesticated animal or other animal or reptile of any kind on or upon the beach, or ride or lead a horse, mule, burro or donkey or other similar animal onto the beach or the Strand, or along the waters of the Pacific Ocean and a violation of this section shall be an infraction.
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12.20.060 Activities, Sports and Conduct on the Beach and the Strand.Balls on beach and the Strand.
A. No person shall cast, bat, toss, throw, kick or roll any ball, tube, boomerang, flying saucer or any similar object, or use any volleyball or other athletic equipment, or conduct or participate in any sport or game at any place upon or over the beach or the Strand outside of an area provided therefor.
Exception: This prohibition shall not apply to any activity which is part of a supervised sports event or recreational activity of the city, nor to any activity expressly approved by the park and recreation commission or the city council.
B. No person shall conduct or participate in any sand throwing, blanket throwing, or any sport that constitutes a hazard to any person on the beach or Strand.
C. No sport or throwing of missiles of any kind shall be permitted on the Strand walkway.
D. A violation of any provision of this section shall be an infraction. (Prior code § 5-6) A. No person shall use the beach or the Strand in any manner that constitutes a nuisance or hazard to any person or conduct or participate in any sport, game or other activity that constitutes a nuisance or hazard to any person. The foregoing does not apply to supervised sports events and recreationaland recreational activities approved or sponsored by the City as well as any other activity approved by the Parks, Recreation and Community Resources Advisory Commission or the City Council.
B. The use of the beach for any game or organized athletic activity not otherwise subject to a permit requirement or other approval by the City is permitted as long as the playing area or activity area is more than 50 feet from the Strandthe Strand Wall, does not unreasonably block access to the beach, and does not constitute a nuisance or hazard . This includes, but is not limited to, temporary volleyball courts, over-the-line, beach tennisbeach tennis, football, Frisbee, soccer, baseball, smashball, boot-camp style workouts, paddleball, or any other game or activity involving a ball or projectile. Games, activities or personal property of any kind are prohibited in the beach emergency lanes including but not limited to those located:
1. Areas surrounding individual lifeguard towers along the beach designated by cones;
2. Strand wall opening at 11th Street to the southern beach entrance to the Lifeguard HeadquartersLifeguard Headquarters;
3. Directional lanes extending north to 13th Street and south to 10th Street from the Lifeguard Headquarters including under the Pier; and
4. Strand wall openings at 2nd, 14th, and 22nd Streets
C. Sports or activities involving a ball or other projectile shall be prohibited on the Strand.
D. All equipment and personal property of any kind shall be removed from the beach daily and shall not be permitted to remain overnight. Equipment and personal property may remain on the beach overnight subject to approval from the City.
E. No person shall fail or refuse to obey any reasonable command, order, instruction or direction of any lifeguards or police officers given in connection with this section.
12.20.065 Beach volleyball courts.
A. The volleyball courts directly adjacent to the pier, between 10th Street and 15th Street, referred to as the commercial zone, may be reserved by the city for special events or city contracted classes. 241
B. All volleyball courts south of 10th Street and north of 15th Street are for general community use, may not be reserved, and will operate on a challenge basis. All persons using the volleyball courts shall comply with Section
8.24.030.
C. Any commercial group as defined in Section 12.30.040, nonprofit organization, or fitness instruction for compensation shall obtain the proper special event, contract class, or outdoor fitness instruction permits and are limited to use of the volleyball courts or other facilities on the beach between 10th Street and 15th Street. (Ord. 16- 1370 §1, 2016)
12.20.070 Bathing.
No person shall swim, bathe or immerse himself in the waters of the Pacific Ocean adjacent to the beach more than two hundred (200) yards from shore, except:
A. A person who is the owner of a vessel, or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel; B. A person engaged in the sport commonly known as aquaplaning, water skiing, or any derivation thereof; provided, that such person is at all times wearing a safety belt as approved by the director of the Los Angeles County department of beaches;
C. A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddleboard or surfboard upon which there is a rectangular flag twelve (12) by fifteen (15) inches, orange-red in color with a white diagonal stripe three (3) inches wide running from one (1) corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water; D. No person shall swim, skin dive, or use self-contained underwater breathing apparatus in the waters of the Pacific Ocean within one hundred (100) feet of this city’s municipal pier.
The distance from shore as specified above shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement. A violation of this section shall be an infraction.
12.20.080 Beach equipment.Reserved
A. No person shall write upon, cut, mark, stain or otherwise deface, damage or move, remove, use or otherwise interfere with or commit other act or acts of vandalism on any of the umbrellas, backrests, blankets, pillows, robes, rugs or other beach equipment while same is upon the beach or on private property of any person whatsoever.
B. All beach equipment shall be removed from the beach during the nighttime.
C. A violation of this section shall be an infraction.
12.20.090 Boating.
A. No person shall operate any vessel within three hundred (300) yards of the shoreline of the beach except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emergency. The distance from shore as specified above shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement.
B. No person shall launch any motorized vessel from the beach.
C. A violation of this section shall be an infraction. ) 242
12.20.100 Changing clothing. Reserved
A. No person shall change clothes for any reason in any washroom or toilet on any part of the beach.
B. No person shall use or permit to be used any vehicle or portion thereof at any place within the city as a room or space for changing clothes before or after bathing in the ocean, or for any other reason.
C. A violation of this section shall be an infraction.
12.20.110 Fires.
No person shall build, light or maintain any fire upon any portion of the beach or Strand at any time.
12.20.120 Fireworks.
A. No person shall take or transport onto the beach or Strand, or have in his possession thereon, or fire or discharge thereon, any firecracker, rocket or torpedo.
B. The use of safe and sane fireworks on the beach shall be deemed a violation of this regulation., and a violation of this subsection shall be an infraction.
12.20.125 Smoking.
No person shall smoke on the beach. "Smoking" is as defined in Section 8.40.010. A violation of this section shall be an infraction.
12.20.130 Fishing--Safety practices.
A. Every person carrying or using any fishing tackle, line, hook or other equipment on the beach or Strand, or from or in the surf or on the waters of the Pacific Ocean within the city, shall at all times have due regard for the safety of other persons near or in the vicinity of such person.
B. No person shall fail or refuse to obey any reasonable command, order, instruction or direction of any lifeguards or police officers given in connection with or with reference to any such fishing and the related use of fishing tackles, lines, hooks or other equipment, or fail to remove same from the beach or Strand or the surf or waters of the Pacific Ocean adjacent to the beach when requested to do so by any of such lifeguards or police officers.
C. A violation of this section shall be an infraction.
12.20.140 Flora.
No person shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof anywhere on the beach or Strand. A violation of this section shall be an infraction.
12.20.150 Glass or other sharp objects.
No person shall place, throw, leave, keep or maintain any bottle, glass, crockery, sharp or pointed articles or thing in such a manner that any person on the beach or Strand is or may be cut, pricked, or in any way injured thereby. A violation of this section shall be an infraction.
12.20.160 Glass and rubbish--Deposit in receptacle.
A. No person shall throw, place or dispose of any refuse, garbage, rubbish, trash, bottle, can or paper upon the beach or Strand other than into a container authorized by this city and located thereon for that purpose.
B. No parent or guardian having the care, custody or control of any minor under the age of eighteen (18) shall permit or allow said minor to throw, place or dispose of any refuse, garbage, rubbish, trash, bottle, can or paper upon the beach or Strand other than into a container authorized by this city and located thereon or therein for that purpose.
C. No person shall place any garbage or rubbish accumulating on any private premises in any public garbage or rubbish container or receptacle placed upon the beach or Strand which has been furnished for the use of the general public.
12.20.170 Hazardous areas--Designation.
Whenever any lifeguard finds that because of extra high surf, riptide or other hazardous conditions, it is unsafe for the average person to swim or bathe within a certain area of the waters of the Pacific Ocean adjacent to the beach, 243
during the time such hazardous conditions exist such lifeguard may instruct all persons not to swim or bathe in such area. Every person shall comply with such instructions.
12.20.180 Inflated equipment.
No person shall use in the Pacific Ocean adjacent to the beach any inflated equipment of any kind except a standard surf mat which is:
A. Constructed of a durable material with a nonslippery surface; and B. So constructed that, when inflated for use, it will not fold in any direction; and C. Not smaller than twenty-four (24) inches by forty (40) inches; and D. Not larger than thirty (30) inches by sixty (60) inches; and E. Equipped with a safety rope.
12.20.190 Lifeguards and police officers.
No person shall fail or refuse to obey any reasonable command, order, instruction or direction of any lifeguard or police officer given in connection with or with reference to the use, operation, manipulation or handling of any boat, surfboard, paddleboard or other surf or wave riding equipment or device, or fail or refuse to remove the same from the surf or waters of the Pacific Ocean adjacent to the beach when requested to do so by any of such lifeguards or police officers.
12.20.200 Lifesaving apparatus.
No person shall unwind or remove or in any way tamper with a buoy or lifeline, or rope, reels or other paraphernalia connected with the lifesaving apparatus on any portion of the beach or Strand or any lifeguard station or tower or similar facility except to use the same for the purpose for which they are intended, and only for the purpose of attempting to rescue or save any person in actual or apparent danger.
12.20.210 Loitering.
No person shall loiter on any portion of the beach or Strand at any time during the hours of 12:00 midnight and 6:00 a.m. of the following day.
12.20.220 Motorized and electric wheeled devices.
No electric or motorized bicycle, moped, electric scooter, electric skateboard, or motorized vehicle (as defined in Section 10.04.010) of any kind other than those used for the purpose of protecting life or property shall be ridden, pedaled, walked, carried onto or otherwise enter any portion of the Strand walkway, Pier Plaza, or beach at any time when the motorized- or electric-propelled power is in use. A violation of this section shall be an infraction. (Ord. 18- 1387 §5 (part), 2018: prior code § 5-24)
12.20.224 Designated in-line skating areas.
The following areas are designated recreational areas in which in-line skating is permitted:
A. The Strand.
B. The bike path between 24th Street and the northern city limit. (Ord. 16-1370 §2, 2016; Ord. 98-1183, 1998)
12.20.230 Wheeled vehicles or devices on Strand walkway and Pier Plaza.
A. Prohibited. It is unlawful for any person to ride or operate any wagon, box on wheels, or any other method of riding or locomotion on wheels, including use of an electric personal assistive mobility device ("EPAMD") (as defined by Vehicle Code Section 313), or any wheeled equipment with motorized- or electric-propelled power in use on any portion of the Strand walkway and the Pier Plaza, except for the following:
1. Roller skates;
2. Human-powered skateboards;
244
3. Human-powered scooters;
4. Human-powered, nonmotorized bicycles or tricycles with a width of not more than thirty-six (36) inches used for recreational purposes;
5. Conveyances, including EPAMDs, by any person who, by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code; and
6. EPAMDs operated by federal, state or local government personnel in the performance of official duties.
B. Required to Yield Right-of-Way to Pedestrians. Under all circumstances, the rider or operator of a wheeled vehicle or device, including bicycles, skateboards, scooters, and roller skates, on the Strand walkway shall yield the right-of-way to pedestrians, and due and proper care shall at all times be exercised by the rider or operator for the pedestrians.
C. Group Riding. When more than two (2) persons in a group are riding or operating wheeled vehicles or devices, including bicycles, skateboards, scooters, and roller skates, on the Strand walkway, no more than two (2) shall ride side by side.
D. Racing--Trick Riding. It is unlawful for any person riding or operating any wheeled vehicle or device to race any other such vehicle or device or person along the Strand walkway, or to indulge in any kind of trick or unsafe riding or operating.
E. Dangerous Speed--Penalty. It shall be deemed reckless and dangerous if any person rides or operates any wheeled vehicle or device permitted on the Strand walkway, including bicycles, skateboards, scooters, and roller skates, in excess of eight (8) miles per hour, at an unsafe speed under existing conditions, or operates such vehicle or device permitted on the Strand walkway in such a reckless, wanton or careless manner as to constitute unsafe riding or operating, and any person so operating or riding said vehicle or device shall be guilty of an infraction.
F. Designated Walk Zones. The city council by a majority vote may designate certain areas of the Strand walkway as a walk zone in which bicycling, skateboarding, or scootering is prohibited, based on appropriate studies and/or staff recommendations, and may designate those areas as walk zones by amendment to this subsection and ordering the placement of appropriate signs, barricades, markings, flashing lights, delineations or devices signifying "Walk Zone Ahead" at least fifty (50) feet prior to the designated zone; and the placement of appropriate regulatory signs at the beginning of the walk zone such as, "Walk Bikes and Skateboards when Flashing." The end of the walk zone shall be designated by signs indicating "resume riding beyond this point." It is unlawful to ride a bicycle, scooter, or skateboard when the following designated walk zone is in effect:
1. The Strand walkway between the centerline of 11th Street and 14th Street.
G. Parking. No person operating any wheeled vehicle or device on the Strand walkway shall park said vehicle or device in front of any entrance to the public beach or to public or private property, or in any way hinder, delay or obstruct the movement of pedestrians or emergency vehicles or other wheeled vehicles or devices upon the surface of said walkway.
H. Applicability of Traffic Regulations. Every person riding a bicycle on the Strand walkway shall be granted all the rights and be subject to all of the duties applicable to the driver of a vehicle by Title 10 of this Code, except those provisions which by their very nature can have no application to such persons.
I. Violation. Violation of any provision of this section shall be an infraction.
12.20.240 Overnight camping.
No person shall camp on or use for overnight sleeping purposes any portion of the beach or Strand, or bring a house trailer or similar vehicle onto the beach or Strand and a violation of this section shall be an infraction. 245
12.20.250 Pollution of water.
A. Oil Pollution. No person shall deposit, throw, divert or in any manner dispose of, or cause or permit to be deposited, placed, thrown, diverted or in any manner disposed of within the city, any petroleum, refined petroleum, engine oil or any oily by-product thereof, or any tar or any product containing tar, or any oily substance into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet or tributary thereof; or shall deposit, throw, place, divert or in any manner dispose of, or cause or permit to be deposited, thrown, placed, diverted or in any manner disposed of, any crude petroleum, refined petroleum or any oily substance upon any beach, tideland, or submerged land or any portion thereof, within the city.
B. Indirect Oil Pollution. No person shall deposit, place, throw, divert, keep, maintain or in any manner dispose of, or cause or permit to be deposited, placed, thrown, diverted, kept, maintained or in any manner disposed of, any crude petroleum, refined petroleum, engine oil or any oily by-product thereof or any tar or any product containing tar, or any oily substance into, along or upon any land, premises or place within the city in such manner that the same, or any portion thereof, may run or be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland or submerged land, or any portion thereof, or into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet or tributary thereof.
C. Discharge of Bilge Water Containing Petroleum Products. No person owning, managing, controlling, operating, navigating or otherwise handling any boat, vessel, ship or barge used, or having been used, for the transportation in bulk of crude petroleum, refined petroleum, engine oil or any oily by-product thereof other than gasoline, distillate, tops or other similar volatile product, shall discharge, or cause or permit to be discharged, from such boat, vessel, ship or barge any ballast water, bilge water or waste water containing, or contaminated with, any such crude petroleum, refined petroleum, engine oil or oily by-product within the city unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks or other receptacles.
No person owning, managing, controlling, operating, navigating or otherwise handling any boat, vessel, ship or barge using fuel oil for the generation of power shall discharge, or cause or permit to be discharged, from such boat, vessel, ship or barge any bilge water or waste water containing, or contaminated with, any such fuel oil within the city, unless the same is discharged into suitable and adequate settling basins, tanks or other receptacles.
The provisions of this section, however, shall not be deemed nor construed to require any such ballast water, bilge water or waste water to be discharged into any such settling basin, tank or other receptacle if such ballast water, or waste water, before the discharging thereof, shall have been passed through, or treated by, some adequate oil separating device or process and such crude petroleum, refined petroleum, engine oil, oily by-product or fuel oil be separated or removed therefrom.
D. Other Pollution. No person shall deposit, throw, place or in any manner dispose of any dead animal or portion thereof, or any vegetable matter or animal matter, or any offal, night soil, manure, rubbish, trash, garbage or any decaying or putrid matter, material or substance, or any matter, material or substance which is or might become injurious to health or which is or might become a nuisance or offensive to the senses of any persons coming into proximity thereto, into the waters of the Pacific Ocean, or into the waters of any lagoon, bay, inlet or tributary thereof; or in, upon or along any beach, tideland or submerged land, or any portion thereof within the city, or to keep or maintain or cause or permit to be kept or maintained upon the premises or in or at any place in the city any article, substance or thing hereinabove in this section enumerated, in such a manner that any such article, substance or thing, or any portion thereof, may be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland, or submerged land, or any portions thereof, or into or upon the waters of the Pacific Ocean or into or upon the waters of any lagoon, inlet or tributary thereof.
12.20.260 Safety practices.
A. Every person engaged in the operation, manipulation or handling of boats, surfboards and other surf and wave riding devices or equipment in and upon the beach or in or upon the waters of the Pacific Ocean adjacent to the same shall at all times have due regard for the safety of other persons in the vicinity.
B. It shall be the duty of lifeguards and police officers patrolling the beach and Strand and safeguarding the lives and property upon the same to observe the manner in which all boating, fishing and wave riding devices and equipment are being handled and to issue such orders and commands, directions and instructions in connection with or with 246
reference to the aforementioned activities as may be necessary to safeguard lives and persons or property near or in the vicinity of such persons so engaged.
12.20.270 Removal of sand.
No person shall remove any sand or gravel from any part of the beach and a violation of this section shall be an infraction.
12.20.280 Shooting.
No person shall discharge or shoot any firearms, air gun, slingshot, or bow and arrow anywhere on the beach or Strand.
12.20.290 Signals of danger.
No person shall give or transmit a signal or cause or permit to be transmitted or given signals in any manner, which signal calls attention to a person drowning or in danger, if it appears that there is no reasonable cause for such signal or if such signal is given jokingly or for no other reason than to excite alarm. A violation of this section shall be an infraction.
12.20.300 Solicitation.
A. Except as provided in subsection (D) of this section, no person shall solicit, peddle, offer for sale or conduct or consummate the sale of any service on the beach or the Strand.
B. Except as provided in subsection (D) of this section, no person shall sell or offer for sale any commodity, merchandise, wares, product, foods, refreshments or beverages on the beach or the Strand absent a sidewalk vending permit issued pursuant to Chapter 12.38.
C. No person shall distribute any handbills, advertising matter or literature on the beach or the Strand unless such material is personally delivered to persons who indicate a willingness to accept the same in hand.
D. The prohibitions contained in this section shall not apply to the sale of food, nonalcoholic beverages, or branded merchandise from an event producer on the beach allowed pursuant to a special event permit issued pursuant to Chapter 12.30 in connection with events located on the beach and as to which the city council determines that food and beverage sales are necessary and convenient to accommodate persons in attendance. (Ord. 19-1391 §6 (part), 2019; Ord. 16-1370 §3, 2016; Ord. 05-1249 § 1, 5/2005: Ord. 96-1151 §4, 1996: prior code § 5-31)
12.20.310 Destruction or mutilation of structures.
No person, other than a duly authorized person in the performance of his duties, shall:
A. Cut, break, injure, deface or disturb any building, monument, sign, fence, bench, structure, apparatus, equipment, or property on the beach or Strand; or
B. Mark or place thereon or over any portion thereof any mark, writing or printing, or attach thereto any sign, card, display or similar device; or
C. Break, destroy or otherwise tamper with any electric light poles, globes, lights or other material or apparatus belonging to, or connected with, the electric lighting system of this city.
A violation of any provision of this section shall be an infraction. (Prior code § 5-32)
12.20.320 Surfboards, surf mats and paddleboards--Use of.
A. A person may surf not more than fifty (50) yards beyond the farthest breaking wave when such farthest breaking wave is more than one hundred fifty (150) yards from shore.
B. No person shall use, possess or operate in the waters of the Pacific Ocean adjacent to the beach any object commonly known as a surfboard, paddleboard or other similar device (but not including surf mats and belly boards) at such times when said waters are restricted for swimming and bathing only.
Such restriction shall be effective when a yellow flag having dimensions of not less than two (2) feet by two (2) feet and having a solid black circle in the center (commonly known as a "blackball flag") is prominently displayed from 247
a lifeguard tower, lifeguard station, pier or similar structure. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to the beach within two hundred (200) yards of the point of display of said blackball flag; provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures then all waters of the Pacific Ocean adjacent to said beach shall be restricted to swimming and bathing only.
Such restrictions shall also be indicated by pairs of red flags put in place by lifeguards. At such times as said red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to those areas of the beach lying between a given pair of such red flags.
C. No person shall use, possess or operate in the waters of the Pacific Ocean adjacent to the beach any object commonly known as a surf mat, paddleboard, belly board, surfboard or similar device except within two hundred (200) yards from shore or seventy-five (75) yards seaward of the point at which the average wave is breaking, whichever distance is greater, or when used by a skin diver to hold flag required by Section 12.20.070(C).
D. No person shall bring or permit or allow in the waters of the Pacific Ocean adjacent to the beach any object commonly known as, or used as, a paddleboard or surfboard within one hundred (100) feet of any person in the waters thereof who is not at that time using or possessing a similar object.
E. No person shall operate or otherwise use a surfboard in the waters of the Pacific Ocean within one hundred (100) feet of this city’s municipal pier.
F. A person in violation of the restrictions set forth in this section shall not fail, refuse or neglect to leave the waters of the Pacific Ocean adjacent to the beach when such restrictions are in force.
G. The distance from shore as specified above shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement. (Prior code § 5-33)
12.20.330 Tents.
Except as may be permitted under a special event permit issued pursuant to Chapter 12.30, no person shall erect, maintain, use or occupy on the beach any tent or other temporary covering or shelter unless there exists an unobstructed view inside the tent from at least one side. Tents or other temporary coverings or shelters are prohibited within ten (10) feet of the Strand.
12.20.340 Exceptions.
The provisions of this chapter are not applicable to acts performed:
A. In an emergency, for the purpose of protecting life or property; B. By employees of the city or of the county of Los Angeles or other public body maintaining the beach, for the purpose of performing their duties;
C. For the purpose of giving instruction, training or exhibitions, when specific permission to give such has been obtained from the city council or the park and recreation commission. (Prior code § 5-35)
12.20.350 Obstructing free movement.
No person shall stand, sit, lie or congregate on the Strand in such manner as to interfere with or impede the free flow of travel along the Strand. (Ord. 00-1209 §6, 2000)
Section 2. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is 248
exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines.
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
Section 4. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage.
Section 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this __th day of _________________, 2022.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________
MAYOR of the City of Hermosa Beach, California
ATTEST:
___________________________
City Clerk
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APPROVED AS TO FORM:
___________________________
City Attorney
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251
From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Saturday, April 23, 2022 1:20:06 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Randy Balik submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: l. REPORT 22-0246 ADOPTION OF ORDINANCE NO. 22-1445 OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.20: BEACH AND STRAND REGULATIONS (Interim City Clerk Susan Morrow) eComment: NO!!!!! What specific problem are we trying to solve here? I STRONGLY opposed this amendment as it is currently written, and I've attached a document I created that lays out my criticisms of the specifically proposed language in great detail, so I urge you to read that. In summary, the new language is too vague, and leaves open the door to curtail, regulate, and or shut down long-standing local institutions and events that take place on our beach. My most specific concern is the impact that this ordinance may have on our local 'neighborhood' volleyball tournaments that are not in the Commercial Zone, including but not limited to those held at 4th St, 8th St., 16th St., 21st/22nd St., and 29th St. Most, if not all, of these encroach within 50' of the Strand Wall and require temporary courts to be set up a day in advance (left overnight), meaning they'd be in violation of this ordinance. Not to mention, as the ordinance is amended, a single nuisance complaint could shut them down, as there is no definition to what constitutes a "nuisance" that would cause an event to be in violation. I know that the City has always tacitly blessed these events as if they are grandfathered into the City Charter, which is great. But by formalizing this ordinance amendment as-is, the door would now be open to future regulation should future City Councils, future City Staff/Police, and/or future Hb residents be less supportive of these longtime Hb traditions. This ordinance needs to be revisited, and at the very least, the plan to grandfather our local tournaments needs to be executed before this amendment is so as to ensure protection.
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From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 2:40:28 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Dean francois submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: l. REPORT 22-0246 ADOPTION OF ORDINANCE NO. 22-1445 OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.20: BEACH AND STRAND REGULATIONS (Interim City Clerk Susan Morrow) eComment: If this revision is to only move tournaments in the residential zone further to the water then I could understand and it's probably OK. Those that wanted to oppose this and come up with a better solution should have attended the council meeting when it was adopted on April
12. View and Analyze eComments
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From: [email protected]
To: City Clerk; Ann Yang; City Council; Angela Crespi; Suja Lowenthal Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 2:56:25 PM
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Laura Pena submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: l. REPORT 22-0246 ADOPTION OF ORDINANCE NO. 22-1445 OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.20: BEACH AND STRAND REGULATIONS (Interim City Clerk Susan Morrow) eComment: Dear Mayor, Council Members, and Staff, It appears staff was notified in September 2019 about the temporary volleyball courts being installed on the beach. This led to several Park and Recreation meetings discussing this matter in 2020. Based on the February 2020 Park & Recreation staff report, the city wanted to address the placement of temporary volleyball courts because current Municipal Code 12.20.080 only addresses the use of balls and beach equipment on the beach. In order to allow for violation enforcement the policy needed to include a reference to the Municipal code, which it currently does not. With this concern in mind, it appears additional restrictions were proposed regarding the prevention of “nuisance” activities on the beach being 50 feet from the Strand Wall without really defining a nuisance. According to PLAN Hermosa, GOAL 2. The community is active and engaged in decision-making processes.
To engage a diverse cross-section of the community in the City’s decision-making process related to policies, ordinances, and funding priorities, ensuring that the actions taken by the City reflect the needs and interests of the community as a whole. In December 2021, the Community Resource Department met with the “Residential Volleyball Court-Use Subcommittee” and planned on implementing a two step process as follows: First, conduct a survey on past practices and maintenance of the courts. Second, form a “Volleyball Stakeholder Group” comprised of event producers, contract class instructors, recreational players, strand home owners, residents, court stewards, subcommittee members, code enforcement, public works, PD which will provide input to the subcommittee. Before any changes or updates are made, do we know the results of the survey? If so, can you please provide them to the public. Second, has the “Volleyball Stakeholder Group” provided feedback on the proposed changes? If not, we need to make sure ALL voices are heard. I highly recommend we complete the necessary outreach in order to ensure we are representing the needs of our community. Thank you for your careful 255
consideration. Laura Pena
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0260
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
APPROVAL OF A RESOLUTION ACCEPTING
THE PRELIMINARY ENGINEER’S REPORT FOR THE
SEWER SERVICE CHARGES AND SETTING A MAJORITY
PROTEST HEARING FOR JULY 12, 2022 SETTING A NEW
INCREASED RATE AND FOR APPROVINGTHE
ANNUAL LEVY OF THE CHARGE
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Adopt a resolution accepting the Preliminary Engineer’s Report and setting the majority protest public hearing for July 12, 2022 (Attachment 4); and
2. Direct the City Clerk to mail all notices required under Proposition 218 and other applicable state laws.
Executive Summary:
The sewer service charge has been collected since Fiscal Year 2015-16, with an annual Consumer Price Index (CPI) increase capped at two percent for a five-year term. In Fiscal Year 2021-22 the sewer service charge remained the same as the previous year at $126.60 due to the expiration of the five-year term for CPI increases.
To reestablish the CPI increase for the sewer fee for Fiscal Year 2022-23 and future years, a new majority protest public hearing must be held to provide property owners the opportunity to protest the sewer service charge. This report explains the process for the public hearing and the improvements completed with the funds collected from the sewer fees.
Background:
At its June 23, 2015 meeting, City Council approved a resolution adopting the first annual sewer service charge to fund maintenance, operations, servicing, and improvements to the City’s sewer collection system. The sewer service charge for each parcel is based on the direct cost of providing maintenance, operation, servicing, and improvements to the sewer collections system and by water consumption for non-residential users. The fees, collected from parcels, fund the sewer services City of Hermosa Beach Page 1 of 5 Printed on 5/24/2023
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consumption for non-residential users. The fees, collected from parcels, fund the sewer services provided by the City.
At its July 14, 2015 meeting, City Council waived full reading and adopt by title Ordinance No. 15- 1355 (Attachment 1), adding a new chapter 13.12 to the Hermosa Beach Municipal Code regarding sewer service charges. As stated in Ordinance 15-1335, the City could increase the sewer service charge each year by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Riverside-Orange County, CA area (CPI - W), not to exceed two percent per year for up to five years.
In Fiscal Year 2021-22, the City was outside of the initial 5-year window and therefore did not adjust the sewer service charge by the annual CPI increase. Ordinance 15-1335 states that to continue to increase the sewer service charge, the City may conduct another majority protest hearing to authorize inflation increases for an additional period not to exceed five years.
Following the public hearing process, staff would update section 13.12.010 of the Hermosa Beach Municipal Code regarding charges levied.
Past Council Actions
Meeting Date Description
June 23, 2015 City Council approved a resolution adopting the first annual sewer service charge to fund maintenance, operations,
servicing, and improvements to the City’s sewer collection system.
July 14, 2015 City Council waived full reading and adopt by title Ordinance No. 15-1355
Analysis:
For Fiscal Year 2022-23, staff recommends adding a five percent CPI increase to the sewer fee as suggested by the Preliminary Engineer’s Report. The proposed CPI value is based on the percentage change in CPI since the sewer fee inception. By having capped the CPI at two percent, the City has lost the necessary revenue to keep the City’s sewer system well maintained and to make the necessary repairs as recommended in the Sewer Master Plan.
Table 1 below shows the annual increases in CPI and the actual increase added to the City sewer fee since its inception.
TABLE 1. Actual Sewer Fee Increase versus Consumer Price Index CONSUMER PRICE INDEX Los Angeles Urban Wage Earners and Clerical Workers (CPI-W)
Year Ending Percent Change Actual Increase
March 2016 1.7 1.7
February 2017 2.5 2
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CONSUMER PRICE INDEX Los Angeles Urban Wage Earners and Clerical Workers (CPI-W)
Year Ending Percent Change Actual Increase
March 2016 1.7 1.7
February 2017 2.5 2
January 2018 3.7 2
January 2019 2.9 2
January 2020 3.5 2
January 2021 1.1 0
January 2022 7.6
Single-family residential units are charged at 1.0 equivalent service units (ESU) per parcel. Multifamily residential units are charged at 0.6 ESU per parcel and condominiums at 1.0 ESU per parcel, as they are similar to single-family residents in use. Vacant parcels of any use are charged 0.5 ESU.
For FY 2022-2023 the proposed charge, with a proposed five percent CPI increase, is $132.93 per
1.0 ESU.
Table 2 below compares the resulting sewer service charge rates for residential parcels between FY 2021-22 and FY 2022-23, and the net increase.
Table 2. Residential Parcel Sewer Charges
Land Use 2021-22 Annual
Charge (per unit)
2022-23 Annual
Charge (per unit)
Amount of Annual
Increase
Single Family $126.60 $132.93 $6.33
Condominiums $126.60 $132.93 $6.33
Multi Family (Charge
is per unit)
$75.96 $79.76 $3.80
Vacant Parcels $63.30 $66.47 $3.17
A summary of ESUs for residential land-use classes can be found on page 10 of the Engineer’s Report (Attachment 2). For non-residential parcels, the ESU is a function of whether they used more or less water than last year. The ESU for various non-residential land uses is calculated per the following equation:
ESU = commercial water consumption gallons per day (GPD)/260 GPD per single family residential unit (SFRU)
The Engineer’s Report contains detailed information about the annual charge and the charge to be applied to the parcels. Also included in the report is information about the use of revenue, annual City of Hermosa Beach Page 3 of 5 Printed on 5/24/2023
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applied to the parcels. Also included in the report is information about the use of revenue, annual increases, and Proposition 218 considerations. Every parcel in the City is subject to the sewer service charge.
A notice of the future public hearing would be published in the Easy Reader prior to the actual meeting and the City Clerk would issue a written notice to property owners a minimum of 45 days in advance. The draft notice is provided as Attachment 3.
The July 12, 2022 public hearing provides an opportunity for the City Council to hear and consider all protests to the annual levy and increase of the sewer service charge. In the absence of a majority protest by property owners within the City of Hermosa Beach, the City Council may authorize the rate increase and order implementation of City sewer service charge as proposed on the attached Engineer’s Report. Similarly, at the July 12, 2022 public hearing if Council finds that protest is made by the property owners of a majority of separate parcels of property described in the Engineer’s Report, then the increase in CPI shall not take place.
If there is an annual increase this fiscal year, the City would be required in future years to notify each property owner in writing of the CPI-W increase at least 30 days before the effective date of the adjustment per State law.
As set forth above, staff recommends City Council adopt a resolution accepting the Engineer’s Report (Attachment 4) and setting the majority protest public hearing for July 12, 2022; and directing the City Clerk to mail all notices required under Proposition 218 and state law for collecting the annual levy on the tax roll.
Update on Sewer Repair Projects
The collected sewer funds are used for the City’s routine sewer cleaning, planned repairs and rehabilitation, and emergency repairs. The City collects an average of approximately $1,100,000 annually from the sewer service charge. Since 2015, the City has spent approximately $415,000 on average for operations/maintenance-including emergency repairs, contracted services for cleaning and video inspections, and personnel. The remainder of the funds are then primarily used to advance design and construction of the recommendations outlined in the Sewer Master Plan.
In FY 2021-22, the City is completing Phase 1 of Capital Improvement Program (CIP) Project 421 (sewer lining & point repairs) at an estimated cost of $478,535. In FY 2022-23, the City will complete Phase 2, which will include 0.8 miles of sewer repair and other point repairs at an estimated cost of approximately $2.5 million and will bring completion up to approximately 39 percent of the recommended improvements per the 2017 Sewer Master Plan.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s City of Hermosa Beach Page 4 of 5 Printed on 5/24/2023 powered by Legistar™260
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This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Infrastructure Element
Goal 4. The sewer system infrastructure is modernized and resilient.
Policies:
· 4.1 Sewer system master plan. Ensure that the Sanitary Sewer Master Plan contains an effective and proactive maintenance program that reduces future operation costs. · 4.3 Service fees. Ensure that allocation of the Sewer Service Charge is efficient and transparent to the public.
Fiscal Impact:
The anticipated total revenue is approximately $1,102, 000, which is included in the 2022-23 Preliminary Budget. The CPI increase of 5 percent for 2022-23 would generate approximately $55,100 in additional revenue.
Attachments:
1. Ordinance 15-1335
2. Preliminary Engineer’s Report
3. Draft notice of Public Hearing and Sewer Charge Increase
4. Resolution Accepting the Preliminary Engineer’s Report and setting the public hearing
5. Link to June 23, 2015 Staff Report
6. Link to July 14, 2015 Staff Report
Respectfully Submitted by: Lucho Rodriguez, Deputy City Engineer Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
Sewer Service Charges
Commencing Fiscal Year 2022/2023
ENGINEER’S REPORT
Submitted by: NV5
April 26, 2022
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City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2022/2023
TABLE OF CONTENTS
Section Page No.
Introduction 1
Part A – Plans and Specifications 3
City Sewer Improvements 3
Operations, Maintenance and Services 3
Part B – Estimated cost of the Improvements 6
Part C – Charge Calculations and Proposed Charges 7
Part D – Boundary Diagram 12
This report has been prepared and submitted by Jeffrey M. Cooper, NV5.
Jeffrey M. Cooper, RCE 31572
April 26, 2022
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City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2022/2023 | 1
INTRODUCTION
In order to effectively establish a capital improvement program to implement the needed wastewater system improvements, an equitable method of prioritizing projects must be established. In general, sewer facilities having the greatest degree of defects and deterioration at the present time will receive higher priority than those which are in better conditions.
In 1994, an Infrastructure Management Project Report, prepared by ITX, analyzed the City’s sewer network and also recommended a rehabilitation program to address the immediate needs of the sewer network.
In 2008, considering the City’s 85 years old sewer network of concrete and clay pipes, City embarked on the implementation of a Sanitary Sewer Master Plan that updated the Sewer portion of the Infrastructure Management Project Report prepared by ITX in 1994. Building on the work the City had completed through the undertaking of previous studies and projects, the Sewer Master Plan was prepared based upon newly collected data from the 2008 Closed Circuit TV (CCTV) inspection of the entire sewer system. This Sewer Master Plan, dated April 2009 and revised March 2011, listed the existing defects and deficiencies and identified projects for improvements for a 10 year program. At the end of a ten-year rehabilitation program, CCTV inspection of the entire sewer system is typically recommended for monitoring any remaining or newly developed physical deterioration and maintenance problems.
This would allow the City to continue with development and implementation of a cost effective rehabilitation program that will insure the long-term integrity of the sewer system and service to the community.
The City considered bonding for needed sewer improvements, however has decided to adopt a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system based on the priority set in the Sewer Master plan. In support of this endeavor, the City updated their Sewer Master Plan in 2017.
The 2017 Sewer Master Plan identified 9.76 miles of sewer (out of 37 miles total) that were in need of improvements at that time – with an estimated cost of $14.4 million (in 2017 dollars). At the current pace, the City is on track to complete the remaining sewer improvements within approximately 10 years. This timeline is a function of Public Works staffing and funding levels and has allowed staff to address priority repairs.
It is common for sewer master plans to be updated every 10 years or so, as the system continues to age and deteriorate independent of repair schedule. Staff intends to submit a new CIP request in FY 2026/27 to update the master plan, which is estimated to cost approximately $300,000 and is expected to result in a revised list of priorities.
SUMMARY AND RECOMMENDATIONS
As was previously stated, the City has undertaken rehabilitation work of its sewer system based on programs outlined in previous studies that recommended the City to plan for the eventual replacement of the entire sanitary sewer system. City is estimated to currently have 194,000 lineal feet of sanitary sewer pipes, 880 sewer manholes, one (1) main wastewater pump station and three (3) small beach restroom pumps.
In 2008, Closed Circuit TV (CCTV) inspection of the entire sewer system, that was accessible, was completed and prioritized for repair in the 2009 Sewer Master Plan. Of the 194,000 lineal feet of sanitary sewer pipes in the system, 38,000 lineal feet of sewer pipes were not accessible by CCTV due to obstructions. These pipes are likely to be badly deteriorated considering their age and limited accessibility for routine maintenance. Therefore, these pipes are considered a priority for rehabilitation and repair.
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City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2022/2023 | 2
Again in 2016-2017, CCTV was conducted for the entire sewer system in conjunction with the latest 2017 Master Plan.
The current Master Plan recommends over $14.4 million in improvements over the next ten years.
This Engineer’s Report (“Report”) has been prepared for the City of Hermosa Beach commencing in Fiscal Year 2015/2016 and consists for four (4) parts:
PART A – PLANS AND SPECIFICATIONS
Contains a summary of the improvements within the City to be maintained and the proposed services and activities to be funded by the sewer services charges.
PART B – ESTIMATE OF COST
Identifies the estimated cost of the services and/or maintenance to be provided by the City, including annual service and maintenance expenses; debt service for capital outlays, repairs, rehabilitation or replacement of equipment or facilities; as well as operational and incidental costs and expenses in connection therewith.
PART C – CHARGE CALCULATION AND PROPOSED CHARGES
Outlines the basis on which the annual charges will be calculated for each parcel within the City.
PART D – BOUNDARY DIAGRAM
Contains a Diagram showing the exterior boundaries of the territory within the City of Hermosa Beach subject to annual sewer services charges, which is coterminous with the boundaries of the City of Hermosa Beach. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within proposed sewer services boundary described herein are identified and correspond to the Los Angeles County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the City of Hermosa Beach and subject to the proposed annual sewer services charges to be levied on behalf of the City. 269
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PART A – PLANS AND SPECIFICATIONS
CITY SEWER IMPROVEMENTS1
The sewer improvements within the City of Hermosa Beach for which the City proposes to be responsible for maintenance and operation of the sewer system as well as levy and collect charges to maintain such improvements, includes, but is not limited to, and may be generally described as follows:
Approximately 194,000 feet of main sewer lines consisting of thefollowing:
o 28,868 linear feet (LF) of 6" sewerlines;
o 149,993 linear feet (LF) of 8" sewerlines;
o 4,204 linear feet (LF) of 10" sewer lines;
o 5,071 linear feet (LF) of 12" sewerlines;
o 1,254 linear feet (LF) of 15" sewerlines;
o 1,150 linear feet (LF) of 18" sewerlines;
o 805 linear feet (LF) of 21” sewer lines; and
o 2,655 linear feet (LF) of 24” sewer lines.
880 Sewer Manholes
Four Lift/Pump station: 394 – 21 inch and 2,629 – 24 inch o Three (3) Beach restroom pumps
o The Strand - 34th
The historical plans and specifications for the city-owned sewer improvements are incorporated and contained in the sewer construction plans and specifications for the various sewer segments of the sewer system within the City of Hermosa Beach. These plans and specifications are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The specific plans and specifications for the city-owned sewer improvements are on file in Public Works at the City.
OPERATIONS, MAINTENANCE AND SERVICES
The City of Hermosa Beach proposes to collect funds to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as funds that may be necessary to pay for capital outlay expenditures including repairs, rehabilitation or replacement of equipment or facilities. The following is a summary of the services and activities associated with the maintenance, operation, servicing and capital outlay expenditures for the City's sewer system. The frequency, extent and/or level of the services and activities identified below may be modified based on available funding and priorities as determined by the City:
Preventive Maintenance
One of the City's primary objectives for assuming responsibility and management of the operation and maintenance of the City's sewer system is to provide a cost-effective and efficient program that will ensure the integrity and long term stability of the sewer system. This is best accomplished by implementing a preventive maintenance program that addresses the entire sewer system. This preventive maintenance should include, but is not limited to, regular inspection of the sewer manholes, pipes, siphons, pump stations and related facilities as well as regular cleaning, repair, and related activities as warranted. These activities are intended to detect and correct potential problems
1 Information from the City of Hermosa Beach Master Plan. 270
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before they develop into major problems. The following is a general summary of those preventive maintenance activities.
Sewer Line and Manhole Inspection - The interior and exterior of manholes to be inspected (at least once a year) for any structural defects, sewage flow condition, presence of vermin or rodents, deleterious industrial waste, odors, and any signs of unusual settlement around or evidence of debris within the manholes and along sewer alignments.
Sewer Line Cleaning - Sewer lines will be videoed and cleaned by hydro jet or rodding as needed based on a scheduled that ensures each sewer line is addressed at least every three-five years. The actual frequency of cleaning may vary based on inspection records. Sewer lines known to cumulate grease, garbage grinds, or sand may be addressed more frequency with possible monthly, quarterly, or semi-annual cleaning schedule.
Those areas prone to root growth may be periodically rodded or chemically treated. Sewage Pump Stations - All pump stations are equipped with telemetry/alarm systems and will be inspected at least once a week. Pumps and motors will be inspected and lubricated, control mechanisms and valves will be checked and adjusted as necessary. Pump station equipment will be repaired or modified as required.
Gas Trap Manholes and Siphons - Inspected and cleared of any stoppages or flow restrictions on a monthly basis.
Drop Manholes - Inspected and cleared of stoppages and flow restrictions on variable frequencies based on prior inspection records.
Vermin and Rodent Control - On an as-needed basis, sewers infested by insects will be chemically treated, and those infested by rodents will be baited.
Capital Outlay, Rehabilitation and Replacement
The City has adopted a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system on a priority basis. However, in addition the City plans to develop and implement a long-term replacement and refurbishment program that will ensure not only the short term integrity of the sewer system, but also the longterm integrity and continue service to the community. As the city's sewer collection system ages, the risk of failure will ultimately increase due to deterioration, collapse, blockage, excessive inflow and infiltration, overflow, and other potential service interruptions. Therefore, while the scheduling of major repairs, rehabilitation projects and replacement projects will ultimately be implemented based on available funding, highest priority will be given to structural deficiency. However, by developing a long-term replacement and refurbishment program with the goal of eventually addressing the entire system, the City may also address hydraulic deficiency in addition to the structural deficiency.
Sewer System Management
Mapping - As-built plans of the sewer facilities will be maintained by the City. Data on the plans, such as system locations and alignment, pipe material, size, etc., will be maintained and stored electronically by the City. These maps will be available and utilized by the field crews for work scheduling and responding to emergencies, and will be updated to reflect any changes in the system. 271
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Work Scheduling - Field crew activities will be recorded and tracked by the City utilizing various forms including, but not limited to service requests, cleaning reports, sewer maintenance daily reports, overflow reports forms, project work orders, etc.
Revenue and Expenditures
The City collects an average of approximately $1.1 million annually from the sewer fee. Since 2015, the City has spent approximately $415,000 on average for operations/maintenance – including emergency repairs, contracted services for cleaning and video inspections, and personnel. The remainder of the funds are then primarily used to advance design/construction of the recommendations outlined in the Sewer Master Plan.
In fiscal year (FY) 2021-22, the City is completing Phase 1 of CIP 421 (sewer lining and point repairs) at an estimated cost of $478,535. In FY 2022-23, the City will complete Phase 2, which will include 0.8 miles of sewer repair and other point repairs at an estimated cost of approximately $2.5 million, and will bring completion up to approximately 39% of the recommended improvements per the 2017 Master Plan. 272
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PART B – ESTIMATED COST OF THE IMPROVEMENTS
The net amount to be charged on the lots or parcels within the City is based on an initial estimate of the annual cost and expenses for the maintenance, operation, servicing of the City's existing sewer system improvements as well as the funding deemed appropriate and necessary for future capital improvements and reserves (Replacement funding). It was originally estimated that sewer capital improvements are needed at $14.4 million for the current planning period.
USE OF REVENUE
O & M/year
(range)
$375,000 - $500,000
Available for Improvement
Financing / Year $675,000 - $800,000
$ Charge/1 ESU
(Single Family Resident)
$132.93/year
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PART C –CHARGE CALCULATION AND PROPOSED CHARGES
The sewer service charge for 2022/2023 is being reestablished by the City. The charge multiplied by the Equivalent Sewer Units assigned to each parcel will be the charge for each parcel. The Equivalent Sewer Unit (ESU) determination for each parcel is described below.
LAND USE ESU
Single Family 1.0
Condominiums 1.0
Multi Family 0.6
Sewage Generation Factors
The City of Hermosa Beach updated their sanitary sewer master plan in April 2009, March 2011, and again in June 2017.
A numeric relationship between the various lots and parcels is necessary for the allocation of the costs of sewer maintenance among the lots and parcels. It is customary to relate the various land uses to the single family residential lot which is established as one Equivalent Sewage Unit (ESU), and all other lots and parcels are related proportionally to the single family residential lot. Based on sewage generation rates, a typical single family lot generates 260 gallons per day in Los Angeles County2. Therefore, for purposes of comparison of the various land uses for lots and parcels, 260 gallons per day is designated as the equivalent of 1 ESU.
Non-residential Land Uses
The ESU for various non-residential land uses is calculated by the following equation:
ESU = [Commercial Water Consumption GPD]/260 GPD per SFRU Single family residential units will be charge at 1.0 ESU per parcel, the multi-family residential units will be charged at 0.6 ESU per parcel and condominiums at 1.0 ESU per parcel as they are similar to single family residents in use.
For the non-residential, it was allocated by water consumption values for all of Hermosa Beach from information provided by California Water Services Company annually. Vacant parcels of any use are charged 0.5 ESU. 2West Hollywood Sewer Charge Report.
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Government Facilities and Parcels
There are several parcels that receive sewer service that are owned and operated by local government. Proposition 218 requires that each parcel not pay more than the proportional cost of providing the service. Therefore, because these government parcels use the sewer service, they are included in the computation of the charge and are charged.
CALCULATION OF THE CHARGE
The sewer service charge is based on the direct cost of providing the service. These costs include staff, rent, utilities, and other costs as needed for sewer repair and improvements as described earlier in this report.
The following table shows the percentage increase of the sewer service charge each year since inception:
For fiscal year 2022-2023, it is proposed that a not-to-exceed CPI increase of 5% be approved. The new charge for fiscal year 2022-2023 is $132.93/ESU.
Due to the pandemic, staff did not move forward with reinstating the five-year term for applying the CPI to the fee in FY 2021-22. The attached table details the CPI since 2016, and the annual increases that have been applied each year. With the exception of 2016, the annual increase has lagged behind actual CPI, but has helped the sewer fee keep up with corresponding rises in construction cost due to inflation and supply chain disruptions. This year’s CPI is significant at 7.6% - hopefully this is short-term and inflation subsides in the coming months.
ANNUAL INCREASES
Because the costs of providing the sewer service may increase over time, beginning July 1, 2023 and each July thereafter, the charge per ESU established in 2022-2023 shall be increased by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim (this used to be referred to as Los Angeles-Riverside-Orange County, it is a continuous index linked to the previous index), CA Area (CPI), including all items as published by the US Bureau of Labor Statistics as of January 1 of each year, not to exceed five percent (5%) per year. The annual increases can only be authorized for a five year period. To increase the charge after the initial five year period, would require a new Proposition 218 hearing. 275
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Commencing Fiscal Year 2022/2023 | 9
PROPOSITION 218 CONSIDERATIONS
Proposition 218, which the voters of the State of California passed on November 5, 1996, contains requirements for the imposition of a fee or charge for property related services. Requirements for fees and charges are contained in Section 6 of Article XIII D.
Paragraph (b) describes the requirements for new, existing, or increased fees and charges, as:
(1) Revenues shall not exceed the funds required to provide the service. (2) Revenues shall not be used for any other purpose.
(3) The amount of the fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to theparcel. (4) No fee or charge may be imposed unless the services is actually used by or immediately available to the owner of the property in question.
(5) No fee or charge shall be imposed for general governmental services, i.e., police, ambulance, library, where the service is available to the public at large in substantially the same manner as it is to theproperty owners.
This report and recommended charges complies with all five of these requirements.
1. Revenues generated by this charge will not exceed funds required to provide sewer services and shall not be used for any other purpose, besides what has been describedherein.
2. The sewer charge is the proportional cost of provided service to the parcels in the City and the charge is for actual use or is immediately available to the property in question.
Due to the number of parcels in the City of Hermosa Beach that will be subject to the Sewer Service Charge, the Parcel Charges (a listing of the Assessor's Parcel Numbers to be levied the proposed charge amounts) is not contained in this Report, but will be filed with the City Clerk in an electronic format prior to the public hearing regarding the levy and collection of the charges for Fiscal 2022/2023. The proposed Parcel Charge Roll, after being filed with the City Clerk, shall be available for public inspection in the City Clerk's Office during normal business office hours. However, the following tables provide a summary of the estimated ESUs by land use anticipated for Fiscal Year 2022/2023, per the County's assigned land use classification of each parcel within the City that was available at the time this Report was prepared.
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Parcel Code Land Use Description Total Parcels Total ESU's 0100 1 Unit 2880 2880
0101 1 Unit, Pool 78 78
0103 1 Unit, Pool and Misc. 31 31
0104 1 Unit, Therapy Pool 165 165
0106 1 Unit 2 2
0107 1 Unit 1 1
0108 1 Unit 9 9
0109 1 Unit, Other Improvements 9 9
010C 1 Unit, Condominium 1566 1566
010D 1 Unit, Planned Community 102 102
010E 1 Unit, Condo Conversion 103 103
010V Vacant Residential 61 30.5
0110 High Value Residence 46 46
0111 High Value Residence with Pool 5 5
0113 High Value Residence with Pool and misc 2 2
0114 High Value Residence with Therapy Pool (spa) 2 2
0120 1 Unit, Townhouse 1 1
012C Condominium - Townhouse 29 29
01DC 1 Unit, Condominium 65 65
0200 2 Units, 1-4 Stories 823 1181.8
0201 2 Units, 1-4 Stories, Pool 6 8
0202 2 Units, 1-4 Stories, Pool 1 2
0203 2 Units, Therapy Pool 1 2
020C 1-4 Units, Condominium 1 2
020V 2 Units, Vacant 1 0.5
0300 3 Units, 1-4 Stories 150 267.6
0400 4 Units, 1-4 Stories 152 364.8
0500 5+ Units, 1-4 Stories 160 790.8
0501 5+ Units, 1-4 Stories, Pool 7 379.8
0900 Mobile Home Park 3 48.6
Total Parcels 6,462
Total ESU's 8,174.4
Residential Parcel Breakdown by Land Use
EXAMPLES OF ESUs BY LAND USE - Residential
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Parcel Code Land Use Description Total Parcels Total ESU's 100V COMMERCIAL 22 5.3
1100 STORES 85 130.5
1102 STORES 2 15.7
1200 STORE COMBINATION 18 42.1
1210 STORE COMBINATION 30 39.5
1212 STORE COMBINATION 2 11.9
1340 DEPARTMENT STORES 1 0.1
1400 SUPERMARKETS 1 32.8
1420 SUPERMARKETS 2 1.2
1500 SHOPPING CENTERS (NEIGHBORHOOD, COMMUNITY) 10 73.3 1700 OFFICE BUILDINGS 58 11.5
1702 OFFICE BUILDINGS 4 2.7
1703 OFFICE BUILDINGS 5 6.0
170C OFFICE BUILDINGS 69 3.2
17T0 OFFICE BUILDINGS 1 2.1
1810 HOTELS & MOTELS 1 24.3
181C HOTELS & MOTELS 102 28.9
1820 HOTELS & MOTELS 2 6.5
1830 HOTELS & MOTELS 3 66.1
1900 PROFESSIONAL BUILDINGS 3 2.6
1902 PROFESSIONAL BUILDINGS 1 2.7
1910 PROFESSIONAL BUILDINGS 3 1.6
1920 PROFESSIONAL BUILDINGS 1 1.5
2100 RESTAURANTS, COCKTAIL LOUNGES 26 86.2
2102 RESTAURANTS, COCKTAIL LOUNGES 1 11.6
2110 RESTAURANTS, COCKTAIL LOUNGES 2 7.1
2120 RESTAURANTS, COCKTAIL LOUNGES 1 2.2
2300 BANKS SAVINGS & LOAN 4 20.6
2500 SERVICE STATIONS 2 0.7
2600 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 26 10.9 2630 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 1 16.7 2670 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 1 0.6 2700 PARKING LOTS 47 6.1
300V INDUSTRIAL 5 4.5
3100 LGT MANF.SM.EQPT.MANUF SM.SHPS INSTR. PRNT PLNTS 24 6.4 3300 WAREHOUSING DISTRIBUTION, STORAGE 2 0.3
6400 CLUBS, LODGE HALLS, FRATERNAL ORGANIZATIONS 2 0.5
7100 CHURCHES 8 13.8
7200 SCHOOLS (PRIVATE) 4 3.9
7400 HOSPITALS 2 17.4
7500 HOMES FOR AGED & OTHERS 1 0.6
8100 UTILITY COMMERCIAL AND MUTUAL: PUMPING PLANTS STATE ASSESSED PR 14 115.8 8800 GOVERNMENT PARCEL 39 60.4
8833 GOVERNMENT PARCEL 1 23.6
8841 GOVERNMENT PARCEL 19 11.2
Total Parcels 679.0
Total ESU's 933.3
Non-Residential Parcel Breakdown by Land Use
EXAMPLES OF ESUs BY LAND USE - Non-Residential
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PART D – BOUNDARY DIAGRAM
The parcels within the Sewer Service Charge Area consist of all lots, parcels and subdivisions of land within the City of Hermosa Beach. A copy of the Boundary Diagram is provided below.
CITY OF HERMOSA BEACH BOUNDARY DIAGRAM
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NV5
NV5
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
www.nv5.com
Jeffrey M. Cooper, PE
Vice President, NV5
(949) 585-0477
[email protected]
280
1 April XX, 2022
Dear Property Owner,
NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach will hold a public hearing at 6:30 p.m. or soon thereafter on July 12, 2022 to take public testimony and receive any written protests on the annual levy of the Sewer Service Charge that will be used to fund maintenance, operation, servicing and improvements to the City’s sewer collection system, and a proposed increase to the Sewer Service Charge.
The Public Hearing Meeting will be a Hybrid virtual/in-person meetings held pursuant to AB361. State and local officials recommend measures to promote social distancing.
IN-PERSON: Council Chambers, 1315 Valley Drive, Hermosa Beach ZOOM: to be included
YOUTUBE CHANNEL: https://www.youtube.com/c/CityofHermosaBeach90254 CITY WEBSITE: www.hermosabeach.gov and visit the Agendas/Minutes/Videos page PARTICIPATE BY PHONE: • Toll Free: 833-548-0276 • Meeting ID: 899 6820 7828, then # • Passcode: 472825 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line when asked to do so. Comments from the public are limited to 3 minutes per speaker.
Please see meeting agenda for complete instructions on meeting participation options.
In addition to levying the annual sewer service charge on the property tax rolls, he City of Hermosa Beach proposes to increase the annual Sewer Service Charge to cover the expenses for the overall operation, maintenance and servicing of the city--‐owned sewer system as well as the funds deemed appropriate and necessary to pay for capital improvements and reserves for the sewer system. The 2017 Sewer Master Plan estimated that $14.4 worth of capital improvements to the sewer system would be needed over the next ten years (including rehabilitation and reconstructing pipes and manholes). The charge also covers annual operation and maintenance costs for the sewer system. The direct cost of providing the service, include staff, rent, utilities and other costs. The baseline for calculating the charge per parcel is a single--‐family residential lot. The proposed sewer service charge increase is based on the Consumer Price Index (CPI) increase, which this year is 7.6%. The City proposes to cap the Sewer Charge increase at 5% per year. If approved, the proposed charge will appear on your annual property tax bill.
Typically, in Los Angeles County on the average, a single--‐family lot generates 260 gallons ofsewage per day (GPD).
CITY OF HERMOSA BEACH – NOTICE OF
ANNUAL LEVY OF SERVICE CHARGE AND
PROPOSSED INCREASE TO FUND
MAINTENANCE, OPERATION, SERVICING AND
IMPROVEMENTS
TO THE CITY’S SEWER COLLECTION SYSTEM AND PUBLIC PROTEST HEARING 281
2 For purposes of comparing the various land uses for lots and parcels, 260 gallons per day is designated as the Equivalent Sewer Unit (ESU).
The rate per ESU for 2022/2023 of $132.93 will multiplied by the ESUs for each residential parcel and by water consumption for non--‐residential to determine the charge for each parcel.
For residential parcels, the ESU and charge is calculated as follows:
Land Use 2021-2022 Annual
Charge (per unit)
2021-2022 Annual
Charge (per unit)
Amount of Annual
Increase
Single Family $126.60 $132.93 $6.33
Condominiums $126.60 $132.93 $6.33
Multi Family (Charge
is per unit)
$75.96 $79.76 $3.80
Vacant Parcels $63.30 $66.47 $3.17
For non--‐residential parcels, the ESU is calculated by the following equation:
ESU= [Commercial Water Consumption GPD]/260 GPD (the same GPD as a single--‐family residential lot).
Commercial Water Consumption information can be found on your water bill. Thus, the ESU will be different for each non--‐residential parcel.
Due to the number of parcels in the City of Hermosa Beach that will be subject to the Sewer Service Charge, the charge per parcel cannot be provided in this notice. The actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied on each parcel) is available in the Hermosa Beach City Clerk’s Office in an electronic format. The list is available for public inspection during normal business office hours (1315 Valley Drive Hermosa Beach, CA 90254).
Because the costs of providing the sewer service may increase over time, beginning July 1, 2022 and each July thereafter for a period of five years, the rate per ESU established for 2022/2023 shall be increased for inflation by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles- -‐Riverside--‐Orange County, CA Area (CPI), including all items as published by the US Bureau of Labor Statistics as of January 1 of each year, not to exceed five percent (5%) per year. An annual notice will be provided before an annual inflation increase will be applied. After the five--‐year period, the City may conduct another majority protest hearing to authorize inflation increases for an additional period not to exceed five years.
Any property owner or tenant may file a written protest against the proposed sewer charge or the proposed increase with the City Clerk at any time before the end of the public hearing. The protest must identify the (a) address or Assessor Parcel Number(s) of the property (listed on your Los Angeles County Tax Bill or at https://maps.assessor.lacounty.gov/m/ or contact City staff as indicated below), (b) name and signature of protester, and (c) a clear statement protesting the charge pursuant to this Notice. Only one written protest per parcel will be counted. Written protests must be received by the City Clerk prior to or during the public hearing on July 12, 2022. Written protests received after the close of the public hearing and protests submitted by telephone, facsimile, e--‐mail or other electronic form will NOT be accepted or counted. Postmarks are NOT acceptable. A protest form is included below for convenience.
This protest hearing is being conducted in accordance with Article XIIID of the California Constitution (also referred to as Proposition 218) and other applicable laws. The City’s Engineer has prepared and filed a written report containing a description of each parcel of real property within the City to which the Sewer Service Charges are 282
3 applicable (the "Identified Parcels") and the amount of the Charges for each such Identified Parcel for fiscal year 2022-2023. A copy of the report is available at Hermosa Beach City Hall. Following the public hearing, the City Council will consider adopting the report and to approve the levy and collection of the proposed charge for fiscal year 2022-2023 on the property tax rolls. The City Council will not implement the increased sewer charge if it receives written protests against the proposed increased charge from a majority of the properties subject to the proposed charge by the close of the public hearing. Please note that a protest proceeding is not an election. To ensure transparency and accountability in the protest tabulation, protests shall constitute disclosable public records from and after the time they are received. For additional information about the proposed sewer charge or your Assessor’s Parcel Number, please contact the Public Works Department at (310)318--0214. 283
4 Questions about filing a protestshould be directed to the City Clerk at (310)318--0203, City of Hermosa Beach, Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254. Office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.
Susan Morrow, Interim City Clerk
-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-‐‐-------------------------------------------------------------------------------------------------------------------
CITY OF HERMOSA BEACH SEWER SERVICE CHARGE PROTEST FORM IF YOU DO NOT OBJECT TO THE ANNUAL SEWER CHARGE, NO ACTION IS REQUIRED.
To protest the proposed Sewer Service Charge, you may complete this Protest Form, detach it, and mail or deliver it to the City Clerk, City of Hermosa Beach, Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254. In order for this form to be counted as a valid protest against the proposed sewer charge, this form must be signed by the property owner and received by the City Clerk no later than the end of the public hearing on July 12, 2022. You may also appear at the public hearing and submit a written protest at the hearing. Only one protest is allowed per property.
Assessor’s Parcel No.:
I protest the proposed Sewer Service Charge.
I hereby declare under penalty of perjury that I am the owner or tenant of the above listed property and I am authorized to submit this protest.
Place signature here:
Print property owner name here:
Additional information on the rate changes may be obtained from the Public Works Department (310) 318--‐0214. Questions about filing a protest should be directed to the City Clerk at (310) 318--‐0203, City of Hermosa Beach, Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254. Office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.
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RESOLUTION 22-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND
SCHEDULING A MAJORITY PROTEST HEARING FOR THE CITY OF
HERMOSA BEACH PROPOSED SEWER SERVICE CHARGE
WHEREAS, the City of Hermosa Beach is considering an increase to the sewer service charge to commence in the fiscal year 2022/2023. The purpose of the charge is to collect funds to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as the funds deemed appropriate and necessary to pay for capital improvements and reserves; and
WHEREAS, on April 26, 2022, the City Council was presented with an Engineer's Report ("Report") for the proposed sewer service charge, attached hereto as Attachment A and incorporated herein by reference. The Report is entitled "City of Hermosa Beach Sewer Service Charges Commencing Fiscal Year 2022/2023 Engineer's Report." The Report includes an overall description of the City's sewer improvements and operation, maintenance and services for the system, as well as the estimated cost of the improvements, the proposed charge and a boundary diagram for the affected parcels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the foregoing, the City Council hereby adopts the Report as an accurate and complete analysis of the proposed service charge, which will be considered following notice and a majority protest hearing as required under Article XIIl(D) of the California Constitution (Proposition 218).
SECTION 2. The City Clerk is directed to schedule a majority protest hearing to consider the proposed charge on July 12, 2022 and to send out the public notices required under state law for the majority protest hearing.
SECTION 3. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; and shall make a minute of the passage and adoption thereof in theminutes oftheCityCouncil meeting atwhich the same is passed and adopted.
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PASSED, APPROVED and ADOPTED this 26th day of April, 2022.
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach,California ATTEST: APPROVED AS TO FORM:
Susan Morrow, Michael Jenkins,
Interim City Clerk City Attorney
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CITY OF HERMOSA BEACH
Sewer Service Charges
Commencing Fiscal Year 2022/2023
ENGINEER’S REPORT
Submitted by: NV5
April 26, 2022
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Commencing Fiscal Year 2022/2023
TABLE OF CONTENTS
Section Page No.
Introduction 1
Part A – Plans and Specifications 3
City Sewer Improvements 3
Operations, Maintenance and Services 3
Part B – Estimated cost of the Improvements 6
Part C – Charge Calculations and Proposed Charges 7
Part D – Boundary Diagram 12
This report has been prepared and submitted by Jeffrey M. Cooper, NV5.
Jeffrey M. Cooper, RCE 31572
April 26, 2022
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INTRODUCTION
In order to effectively establish a capital improvement program to implement the needed wastewater system improvements, an equitable method of prioritizing projects must be established. In general, sewer facilities having the greatest degree of defects and deterioration at the present time will receive higher priority than those which are in better conditions.
In 1994, an Infrastructure Management Project Report, prepared by ITX, analyzed the City’s sewer network and also recommended a rehabilitation program to address the immediate needs of the sewer network.
In 2008, considering the City’s 85 years old sewer network of concrete and clay pipes, City embarked on the implementation of a Sanitary Sewer Master Plan that updated the Sewer portion of the Infrastructure Management Project Report prepared by ITX in 1994. Building on the work the City had completed through the undertaking of previous studies and projects, the Sewer Master Plan was prepared based upon newly collected data from the 2008 Closed Circuit TV (CCTV) inspection of the entire sewer system. This Sewer Master Plan, dated April 2009 and revised March 2011, listed the existing defects and deficiencies and identified projects for improvements for a 10 year program. At the end of a ten-year rehabilitation program, CCTV inspection of the entire sewer system is typically recommended for monitoring any remaining or newly developed physical deterioration and maintenance problems.
This would allow the City to continue with development and implementation of a cost effective rehabilitation program that will insure the long-term integrity of the sewer system and service to the community.
The City considered bonding for needed sewer improvements, however has decided to adopt a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system based on the priority set in the Sewer Master plan. In support of this endeavor, the City updated their Sewer Master Plan in 2017.
The 2017 Sewer Master Plan identified 9.76 miles of sewer (out of 37 miles total) that were in need of improvements at that time – with an estimated cost of $14.4 million (in 2017 dollars). At the current pace, the City is on track to complete the remaining sewer improvements within approximately 10 years. This timeline is a function of Public Works staffing and funding levels and has allowed staff to address priority repairs.
It is common for sewer master plans to be updated every 10 years or so, as the system continues to age and deteriorate independent of repair schedule. Staff intends to submit a new CIP request in FY 2026/27 to update the master plan, which is estimated to cost approximately $300,000 and is expected to result in a revised list of priorities.
SUMMARY AND RECOMMENDATIONS
As was previously stated, the City has undertaken rehabilitation work of its sewer system based on programs outlined in previous studies that recommended the City to plan for the eventual replacement of the entire sanitary sewer system. City is estimated to currently have 194,000 lineal feet of sanitary sewer pipes, 880 sewer manholes, one (1) main wastewater pump station and three (3) small beach restroom pumps.
In 2008, Closed Circuit TV (CCTV) inspection of the entire sewer system, that was accessible, was completed and prioritized for repair in the 2009 Sewer Master Plan. Of the 194,000 lineal feet of sanitary sewer pipes in the system, 38,000 lineal feet of sewer pipes were not accessible by CCTV due to obstructions. These pipes are likely to be badly deteriorated considering their age and limited accessibility for routine maintenance. Therefore, these pipes are considered a priority for rehabilitation and repair.
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Again in 2016-2017, CCTV was conducted for the entire sewer system in conjunction with the latest 2017 Master Plan.
The current Master Plan recommends over $14.4 million in improvements over the next ten years.
This Engineer’s Report (“Report”) has been prepared for the City of Hermosa Beach commencing in Fiscal Year 2015/2016 and consists for four (4) parts:
PART A – PLANS AND SPECIFICATIONS
Contains a summary of the improvements within the City to be maintained and the proposed services and activities to be funded by the sewer services charges.
PART B – ESTIMATE OF COST
Identifies the estimated cost of the services and/or maintenance to be provided by the City, including annual service and maintenance expenses; debt service for capital outlays, repairs, rehabilitation or replacement of equipment or facilities; as well as operational and incidental costs and expenses in connection therewith.
PART C – CHARGE CALCULATION AND PROPOSED CHARGES
Outlines the basis on which the annual charges will be calculated for each parcel within the City.
PART D – BOUNDARY DIAGRAM
Contains a Diagram showing the exterior boundaries of the territory within the City of Hermosa Beach subject to annual sewer services charges, which is coterminous with the boundaries of the City of Hermosa Beach. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within proposed sewer services boundary described herein are identified and correspond to the Los Angeles County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the City of Hermosa Beach and subject to the proposed annual sewer services charges to be levied on behalf of the City. 290
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PART A – PLANS AND SPECIFICATIONS
CITY SEWER IMPROVEMENTS1
The sewer improvements within the City of Hermosa Beach for which the City proposes to be responsible for maintenance and operation of the sewer system as well as levy and collect charges to maintain such improvements, includes, but is not limited to, and may be generally described as follows:
Approximately 194,000 feet of main sewer lines consisting of thefollowing:
o 28,868 linear feet (LF) of 6" sewerlines;
o 149,993 linear feet (LF) of 8" sewerlines;
o 4,204 linear feet (LF) of 10" sewer lines;
o 5,071 linear feet (LF) of 12" sewerlines;
o 1,254 linear feet (LF) of 15" sewerlines;
o 1,150 linear feet (LF) of 18" sewerlines;
o 805 linear feet (LF) of 21” sewer lines; and
o 2,655 linear feet (LF) of 24” sewer lines.
880 Sewer Manholes
Four Lift/Pump station: 394 – 21 inch and 2,629 – 24 inch o Three (3) Beach restroom pumps
o The Strand - 34th
The historical plans and specifications for the city-owned sewer improvements are incorporated and contained in the sewer construction plans and specifications for the various sewer segments of the sewer system within the City of Hermosa Beach. These plans and specifications are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The specific plans and specifications for the city-owned sewer improvements are on file in Public Works at the City.
OPERATIONS, MAINTENANCE AND SERVICES
The City of Hermosa Beach proposes to collect funds to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as funds that may be necessary to pay for capital outlay expenditures including repairs, rehabilitation or replacement of equipment or facilities. The following is a summary of the services and activities associated with the maintenance, operation, servicing and capital outlay expenditures for the City's sewer system. The frequency, extent and/or level of the services and activities identified below may be modified based on available funding and priorities as determined by the City:
Preventive Maintenance
One of the City's primary objectives for assuming responsibility and management of the operation and maintenance of the City's sewer system is to provide a cost-effective and efficient program that will ensure the integrity and long term stability of the sewer system. This is best accomplished by implementing a preventive maintenance program that addresses the entire sewer system. This preventive maintenance should include, but is not limited to, regular inspection of the sewer manholes, pipes, siphons, pump stations and related facilities as well as regular cleaning, repair, and related activities as warranted. These activities are intended to detect and correct potential problems
1 Information from the City of Hermosa Beach Master Plan. 291
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before they develop into major problems. The following is a general summary of those preventive maintenance activities.
Sewer Line and Manhole Inspection - The interior and exterior of manholes to be inspected (at least once a year) for any structural defects, sewage flow condition, presence of vermin or rodents, deleterious industrial waste, odors, and any signs of unusual settlement around or evidence of debris within the manholes and along sewer alignments.
Sewer Line Cleaning - Sewer lines will be videoed and cleaned by hydro jet or rodding as needed based on a scheduled that ensures each sewer line is addressed at least every three-five years. The actual frequency of cleaning may vary based on inspection records. Sewer lines known to cumulate grease, garbage grinds, or sand may be addressed more frequency with possible monthly, quarterly, or semi-annual cleaning schedule.
Those areas prone to root growth may be periodically rodded or chemically treated. Sewage Pump Stations - All pump stations are equipped with telemetry/alarm systems and will be inspected at least once a week. Pumps and motors will be inspected and lubricated, control mechanisms and valves will be checked and adjusted as necessary. Pump station equipment will be repaired or modified as required.
Gas Trap Manholes and Siphons - Inspected and cleared of any stoppages or flow restrictions on a monthly basis.
Drop Manholes - Inspected and cleared of stoppages and flow restrictions on variable frequencies based on prior inspection records.
Vermin and Rodent Control - On an as-needed basis, sewers infested by insects will be chemically treated, and those infested by rodents will be baited.
Capital Outlay, Rehabilitation and Replacement
The City has adopted a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system on a priority basis. However, in addition the City plans to develop and implement a long-term replacement and refurbishment program that will ensure not only the short term integrity of the sewer system, but also the longterm integrity and continue service to the community. As the city's sewer collection system ages, the risk of failure will ultimately increase due to deterioration, collapse, blockage, excessive inflow and infiltration, overflow, and other potential service interruptions. Therefore, while the scheduling of major repairs, rehabilitation projects and replacement projects will ultimately be implemented based on available funding, highest priority will be given to structural deficiency. However, by developing a long-term replacement and refurbishment program with the goal of eventually addressing the entire system, the City may also address hydraulic deficiency in addition to the structural deficiency.
Sewer System Management
Mapping - As-built plans of the sewer facilities will be maintained by the City. Data on the plans, such as system locations and alignment, pipe material, size, etc., will be maintained and stored electronically by the City. These maps will be available and utilized by the field crews for work scheduling and responding to emergencies, and will be updated to reflect any changes in the system. 292
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Work Scheduling - Field crew activities will be recorded and tracked by the City utilizing various forms including, but not limited to service requests, cleaning reports, sewer maintenance daily reports, overflow reports forms, project work orders, etc.
Revenue and Expenditures
The City collects an average of approximately $1.1 million annually from the sewer fee. Since 2015, the City has spent approximately $415,000 on average for operations/maintenance – including emergency repairs, contracted services for cleaning and video inspections, and personnel. The remainder of the funds are then primarily used to advance design/construction of the recommendations outlined in the Sewer Master Plan.
In fiscal year (FY) 2021-22, the City is completing Phase 1 of CIP 421 (sewer lining and point repairs) at an estimated cost of $478,535. In FY 2022-23, the City will complete Phase 2, which will include 0.8 miles of sewer repair and other point repairs at an estimated cost of approximately $2.5 million, and will bring completion up to approximately 39% of the recommended improvements per the 2017 Master Plan. 293
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PART B – ESTIMATED COST OF THE IMPROVEMENTS
The net amount to be charged on the lots or parcels within the City is based on an initial estimate of the annual cost and expenses for the maintenance, operation, servicing of the City's existing sewer system improvements as well as the funding deemed appropriate and necessary for future capital improvements and reserves (Replacement funding). It was originally estimated that sewer capital improvements are needed at $14.4 million for the current planning period.
USE OF REVENUE
O & M/year
(range)
$375,000 - $500,000
Available for Improvement
Financing / Year $675,000 - $800,000
$ Charge/1 ESU
(Single Family Resident)
$132.93/year
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PART C –CHARGE CALCULATION AND PROPOSED CHARGES
The sewer service charge for 2022/2023 is being reestablished by the City. The charge multiplied by the Equivalent Sewer Units assigned to each parcel will be the charge for each parcel. The Equivalent Sewer Unit (ESU) determination for each parcel is described below.
LAND USE ESU
Single Family 1.0
Condominiums 1.0
Multi Family 0.6
Sewage Generation Factors
The City of Hermosa Beach updated their sanitary sewer master plan in April 2009, March 2011, and again in June 2017.
A numeric relationship between the various lots and parcels is necessary for the allocation of the costs of sewer maintenance among the lots and parcels. It is customary to relate the various land uses to the single family residential lot which is established as one Equivalent Sewage Unit (ESU), and all other lots and parcels are related proportionally to the single family residential lot. Based on sewage generation rates, a typical single family lot generates 260 gallons per day in Los Angeles County2. Therefore, for purposes of comparison of the various land uses for lots and parcels, 260 gallons per day is designated as the equivalent of 1 ESU.
Non-residential Land Uses
The ESU for various non-residential land uses is calculated by the following equation:
ESU = [Commercial Water Consumption GPD]/260 GPD per SFRU Single family residential units will be charge at 1.0 ESU per parcel, the multi-family residential units will be charged at 0.6 ESU per parcel and condominiums at 1.0 ESU per parcel as they are similar to single family residents in use.
For the non-residential, it was allocated by water consumption values for all of Hermosa Beach from information provided by California Water Services Company annually. Vacant parcels of any use are charged 0.5 ESU. 2West Hollywood Sewer Charge Report.
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Government Facilities and Parcels
There are several parcels that receive sewer service that are owned and operated by local government. Proposition 218 requires that each parcel not pay more than the proportional cost of providing the service. Therefore, because these government parcels use the sewer service, they are included in the computation of the charge and are charged.
CALCULATION OF THE CHARGE
The sewer service charge is based on the direct cost of providing the service. These costs include staff, rent, utilities, and other costs as needed for sewer repair and improvements as described earlier in this report.
The following table shows the percentage increase of the sewer service charge each year since inception:
For fiscal year 2022-2023, it is proposed that a not-to-exceed CPI increase of 5% be approved. The new charge for fiscal year 2022-2023 is $132.93/ESU.
Due to the pandemic, staff did not move forward with reinstating the five-year term for applying the CPI to the fee in FY 2021-22. The attached table details the CPI since 2016, and the annual increases that have been applied each year. With the exception of 2016, the annual increase has lagged behind actual CPI, but has helped the sewer fee keep up with corresponding rises in construction cost due to inflation and supply chain disruptions. This year’s CPI is significant at 7.6% - hopefully this is short-term and inflation subsides in the coming months.
ANNUAL INCREASES
Because the costs of providing the sewer service may increase over time, beginning July 1, 2023 and each July thereafter, the charge per ESU established in 2022-2023 shall be increased by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim (this used to be referred to as Los Angeles-Riverside-Orange County, it is a continuous index linked to the previous index), CA Area (CPI), including all items as published by the US Bureau of Labor Statistics as of January 1 of each year, not to exceed five percent (5%) per year. The annual increases can only be authorized for a five year period. To increase the charge after the initial five year period, would require a new Proposition 218 hearing. 296
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PROPOSITION 218 CONSIDERATIONS
Proposition 218, which the voters of the State of California passed on November 5, 1996, contains requirements for the imposition of a fee or charge for property related services. Requirements for fees and charges are contained in Section 6 of Article XIII D.
Paragraph (b) describes the requirements for new, existing, or increased fees and charges, as:
(1) Revenues shall not exceed the funds required to provide the service. (2) Revenues shall not be used for any other purpose.
(3) The amount of the fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to theparcel. (4) No fee or charge may be imposed unless the services is actually used by or immediately available to the owner of the property in question.
(5) No fee or charge shall be imposed for general governmental services, i.e., police, ambulance, library, where the service is available to the public at large in substantially the same manner as it is to theproperty owners.
This report and recommended charges complies with all five of these requirements.
1. Revenues generated by this charge will not exceed funds required to provide sewer services and shall not be used for any other purpose, besides what has been describedherein.
2. The sewer charge is the proportional cost of provided service to the parcels in the City and the charge is for actual use or is immediately available to the property in question.
Due to the number of parcels in the City of Hermosa Beach that will be subject to the Sewer Service Charge, the Parcel Charges (a listing of the Assessor's Parcel Numbers to be levied the proposed charge amounts) is not contained in this Report, but will be filed with the City Clerk in an electronic format prior to the public hearing regarding the levy and collection of the charges for Fiscal 2022/2023. The proposed Parcel Charge Roll, after being filed with the City Clerk, shall be available for public inspection in the City Clerk's Office during normal business office hours. However, the following tables provide a summary of the estimated ESUs by land use anticipated for Fiscal Year 2022/2023, per the County's assigned land use classification of each parcel within the City that was available at the time this Report was prepared.
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Parcel Code Land Use Description Total Parcels Total ESU's 0100 1 Unit 2880 2880
0101 1 Unit, Pool 78 78
0103 1 Unit, Pool and Misc. 31 31
0104 1 Unit, Therapy Pool 165 165
0106 1 Unit 2 2
0107 1 Unit 1 1
0108 1 Unit 9 9
0109 1 Unit, Other Improvements 9 9
010C 1 Unit, Condominium 1566 1566
010D 1 Unit, Planned Community 102 102
010E 1 Unit, Condo Conversion 103 103
010V Vacant Residential 61 30.5
0110 High Value Residence 46 46
0111 High Value Residence with Pool 5 5
0113 High Value Residence with Pool and misc 2 2
0114 High Value Residence with Therapy Pool (spa) 2 2
0120 1 Unit, Townhouse 1 1
012C Condominium - Townhouse 29 29
01DC 1 Unit, Condominium 65 65
0200 2 Units, 1-4 Stories 823 1181.8
0201 2 Units, 1-4 Stories, Pool 6 8
0202 2 Units, 1-4 Stories, Pool 1 2
0203 2 Units, Therapy Pool 1 2
020C 1-4 Units, Condominium 1 2
020V 2 Units, Vacant 1 0.5
0300 3 Units, 1-4 Stories 150 267.6
0400 4 Units, 1-4 Stories 152 364.8
0500 5+ Units, 1-4 Stories 160 790.8
0501 5+ Units, 1-4 Stories, Pool 7 379.8
0900 Mobile Home Park 3 48.6
Total Parcels 6,462
Total ESU's 8,174.4
Residential Parcel Breakdown by Land Use
EXAMPLES OF ESUs BY LAND USE - Residential
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Parcel Code Land Use Description Total Parcels Total ESU's 100V COMMERCIAL 22 5.3
1100 STORES 85 130.5
1102 STORES 2 15.7
1200 STORE COMBINATION 18 42.1
1210 STORE COMBINATION 30 39.5
1212 STORE COMBINATION 2 11.9
1340 DEPARTMENT STORES 1 0.1
1400 SUPERMARKETS 1 32.8
1420 SUPERMARKETS 2 1.2
1500 SHOPPING CENTERS (NEIGHBORHOOD, COMMUNITY) 10 73.3 1700 OFFICE BUILDINGS 58 11.5
1702 OFFICE BUILDINGS 4 2.7
1703 OFFICE BUILDINGS 5 6.0
170C OFFICE BUILDINGS 69 3.2
17T0 OFFICE BUILDINGS 1 2.1
1810 HOTELS & MOTELS 1 24.3
181C HOTELS & MOTELS 102 28.9
1820 HOTELS & MOTELS 2 6.5
1830 HOTELS & MOTELS 3 66.1
1900 PROFESSIONAL BUILDINGS 3 2.6
1902 PROFESSIONAL BUILDINGS 1 2.7
1910 PROFESSIONAL BUILDINGS 3 1.6
1920 PROFESSIONAL BUILDINGS 1 1.5
2100 RESTAURANTS, COCKTAIL LOUNGES 26 86.2
2102 RESTAURANTS, COCKTAIL LOUNGES 1 11.6
2110 RESTAURANTS, COCKTAIL LOUNGES 2 7.1
2120 RESTAURANTS, COCKTAIL LOUNGES 1 2.2
2300 BANKS SAVINGS & LOAN 4 20.6
2500 SERVICE STATIONS 2 0.7
2600 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 26 10.9 2630 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 1 16.7 2670 AUTO, RECREATION EQPT, CONSTRUCTION EQPT, SALES & SERVICE 1 0.6 2700 PARKING LOTS 47 6.1
300V INDUSTRIAL 5 4.5
3100 LGT MANF.SM.EQPT.MANUF SM.SHPS INSTR. PRNT PLNTS 24 6.4 3300 WAREHOUSING DISTRIBUTION, STORAGE 2 0.3
6400 CLUBS, LODGE HALLS, FRATERNAL ORGANIZATIONS 2 0.5
7100 CHURCHES 8 13.8
7200 SCHOOLS (PRIVATE) 4 3.9
7400 HOSPITALS 2 17.4
7500 HOMES FOR AGED & OTHERS 1 0.6
8100 UTILITY COMMERCIAL AND MUTUAL: PUMPING PLANTS STATE ASSESSED PR 14 115.8 8800 GOVERNMENT PARCEL 39 60.4
8833 GOVERNMENT PARCEL 1 23.6
8841 GOVERNMENT PARCEL 19 11.2
Total Parcels 679.0
Total ESU's 933.3
Non-Residential Parcel Breakdown by Land Use
EXAMPLES OF ESUs BY LAND USE - Non-Residential
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PART D – BOUNDARY DIAGRAM
The parcels within the Sewer Service Charge Area consist of all lots, parcels and subdivisions of land within the City of Hermosa Beach. A copy of the Boundary Diagram is provided below.
CITY OF HERMOSA BEACH BOUNDARY DIAGRAM
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NV5
NV5
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
www.nv5.com
Jeffrey M. Cooper, PE
Vice President, NV5
(949) 585-0477
[email protected]
301
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City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0229
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
INTRODUCE ORDINANCE TO ADOPT A MILITARY USE EQUIPMENT POLICY PURSUANT TO ASSEMBLY BILL 481
(Police Chief Paul LeBaron)
Recommended Action:
Staff recommends City Council introduce and waive first reading of Ordinance adopting a Military Use Equipment Policy pursuant to Assembly Bill 481 (“AB 481”).
Executive Summary:
Pursuant to AB 481, City Council is required to review and adopt an AB 481 Policy for the Police Department to continue to use military equipment within the City.
Background:
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. The legislation requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agencies jurisdiction, or before using any new or existing military equipment not previously approved.
Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including: the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment; the fiscal impact of their acquisition and use; the legal and procedural rules that govern their use; the training required by any officer allowed to use them; the mechanisms in place to ensure policy compliance; and the procedures by which the public may register complaints.
The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the City of Hermosa Beach Page 1 of 3 Printed on 4/22/2022
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necessity of the military equipment and the lack of reasonable alternatives.
AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits, and other information about violations of the military equipment use policy, the cost of such use, and other similar information.
Analysis:
Law enforcement incidents can be unpredictable and complex. In order to de-escalate violent and tense situations, at times special equipment, tools, or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and to increase the likelihood of a positive outcome. Military equipment, as that term is defined by statute, includes, but is not limited to, unmanned aerial (i.e., drones) or ground vehicles, bulletproof vehicles, pepper balls, less lethal 40mm projectile launchers, and distraction devices. These tools have been tested in the field and are used to help enhance community safety, officer safety, and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practices. The Hermosa Beach Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.
The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The proposed Ordinance (Attachment 1) and AB 481 Policy (Attachments 2 and 3) provide for safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight, and accountability measures are in place. As examples, the Department would be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, and seek approval prior to additional military equipment.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
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Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.
Fiscal Impact:
The fiscal impact will vary from year to year based on training, staffing, and use required of equipment throughout the year.
Attachments:
1. Draft Ordinance
2. Exhibit “A”-Policy No. XXX
3. Policy No. XXX-Military Equipment Policy
Respectfully Submitted by: Paul LeBaron, Chief of Police Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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65270.00001\34421077.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADOPTING A
MILITARY USE EQUIPMENT POLICY, IN ACCORDANCE WITH
ASSEMBLY BILL 481.
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1. Recitals.
A. On September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c).
B. AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Hermosa Beach Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
C. In accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy.
D. In accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
E. This Ordinance will be reviewed by City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.
Section 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
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B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. Adoption of the Military Equipment Policy. The City Council hereby adopts the Military Use Equipment Policy, which are all attached hereto as Exhibit “A”.
Section 4. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations).
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
Section 7. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage.
Section 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. 306
65270.00001\34421077.1
PASSED, APPROVED and ADOPTED this __th day of _________________, 2022.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________
MAYOR of the City of Hermosa Beach, California
ATTEST:
___________________________
City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney
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65270.00001\34421077.1
Exhibit “A”
[Insert AB 481 Policy]
308
HERMOSA BEACH POLICE DEPARTMENT
S2.31 MILITARY EQUIPMENT USE POLICY Effective 03/28/2022
PURPOSE
The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Billy 481 (“AB 481”). (California Government Code 7070, et seq.).
POLICY
It is the Policy of the Hermosa Beach Police Department (“HBPD” or “Department”) that members of this Department comply with the provisions of Government Code section 7071 with respect to military equipment.
DEFINITIONS
Definitions related to this Policy include those provided in Government Code section 7070, and as follows:
Governing body – City Council of the City of Hermosa Beach (“City Council”).
Military Equipment – Includes but is not limited to the following:
Unmanned, remotely piloted, powered aerial or ground vehicles. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this policy. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this Policy. Tracked armored vehicles that provide ballistic protection to their occupants. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this Policy. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this Policy.
Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this Policy.
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Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to employees of the HBPD. Any firearm or firearm accessory that is designed to launch explosive projectiles. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. Any other equipment as determined by the City Council to require additional oversight.
ANNUAL REPORT
The HBPD shall provide the City Council with an annual military equipment report regarding our approved military equipment within one year of this Policy’s approval, and annually thereafter, for as long as military equipment is available for use by the HBPD.
The most recently completed annual military equipment report will also be made publicly available on the HBPD’s internet website at least thirty (30) days prior to the HBPD providing the annual military equipment report to the City Council. The HBPD will continue posting annual military equipment reports on the HBPD’s internet website for as long as military equipment is available for use by the HBPD.
The annual military equipment report shall, at a minimum, include the following information:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of this Policy, and any actions taken in response.
4. The total annual cost for each type of military equipment. This will include acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs. This will also include from what source the funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the HBPD intends to acquire additional military equipment in the next year, the report will include the quantity sought for each type of military equipment.
COMMUNITY ENGAGEMENT
The HBPD shall make proposed changes to this Policy available on HBPD’s internet website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. 310
Within thirty (30) days of submitting and publicly releasing an annual military equipment report pursuant to this Policy, the HBPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report, and the HBPD’s funding, acquisition, or use of military equipment.
MILITARY EQUIPMENT INVENTORY
The HBPD’s inventory of military equipment is attached to this Policy as Exhibit “A,” and is incorporated into this Policy by this reference.
Exhibit “A” will be updated annually during preparation for the annual military equipment report, and its updated version will be replaced within this policy prior to the annual military equipment report being submitted to the City Council.
MILITARY EQUIPMENT COORDINATOR
The Chief of Police or their designee, should assign at least one HBPD employee, who should be at or above the rank of Sergeant, to be the Military Equipment Coordinator. The Military Equipment Coordinator may receive assistance from other HBPD employees or HBPD volunteers. The responsibilities of the Military Equipment Coordinator include, but are not limited to:
1. Conducting an inventory of all military equipment owned or operated by the HBPD at least annually, and prior to preparing the annual military equipment report. This inventory includes the aggregate cost and quantity for each type of ammunition controlled by this policy that was purchased since the submission of the previous year’s annual military equipment report.
2. Preparing the annual military equipment report for submission to the City Council pursuant to the section of this Policy titled, “Annual Report;” and ensuring that this report is displayed on the HBPD’s internet website at least thirty (30) days prior to any public hearing concerning military equipment and keeping it on the HBPD’s internet website for as long as military equipment is available for use by the HBPD.
3. Preparing for, scheduling, advertising, and coordinating the annual military equipment community engagement meeting within thirty (30) days of submitting and publicly releasing an annual military equipment report.
4. Answering questions, responding to concerns, and receiving complaints from the public about the HBPD’s possession or usage of military equipment. The Military Equipment Coordinator may be used as a subject matter expert if a complaint involves the possession or use of military equipment.
COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member this Department shall be approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Hermosa Beach, or otherwise engaged in law enforcement operations in the City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 311
QUESTIONS, CONCERNS, OR COMPLAINTS
Any member of the public may direct questions, concerns, or complaints related to the equipment controlled by this Policy to any member of the HBPD, in person or by any electronic means, including by calling the HBPD’s non-emergency business number (#310-318-0360). If a HBPD member’s response is deemed unsatisfactory, then the question(s), concern(s), or complaint(s) should be forwarded to the Military Equipment Coordinator who should respond in a timely manner. If the Military Equipment Coordinator’s response is deemed unsatisfactory, or if the Military Equipment Coordinator believes it would be more appropriate to do so, then the question(s), concern(s), or complaint(s) should be forwarded to an on-duty watch commander, or up their chain of command.
COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations and, or actions.
APPROVED.
Paul LeBaron
Chief of Police
312
HERMOSA BEACH POLICE DEPARTMENT
S2.31 - MILITARY EQUIPMENT USE POLICY
EXHIBIT “A” - MILITARY EQUIPMENT INVENTORY
This inventory reflects the military equipment possessed or used by the Hermosa Beach Police Department as of 3-25-22.
The following equipment is necessary because there are no reasonable alternatives to these types of items that can achieve the same objective of officer and civilian safety. This equipment will help safeguard the public’s welfare, safety, civil rights, and civil liberties. This equipment is reasonably cost effective compared to available alternatives that can achieve the same or similar objectives of officer and civilian safety. The Hermosa Beach Police Department has a consistent history of complying with policies related to the below listed types of equipment.
GC 7070(c)(1): Unmanned, remotely piloted, powered aerial or ground vehicles. 1) Item #1: Unmanned, remotely piloted, powered aerial vehicles. 2 a) Description, purposes, & capabilities: A UAS (Unmanned Aerial System) is an unmanned aircraft that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and is used for gathering information from its attached sensor(s)/camera(s). A UAS can support first responders by providing real-time information from an aerial perspective; and they can be helpful with search and rescue, high-risk tactical situations, disaster response, and video and photographic documentation of crime scenes.
2 b) Da-Jiang Innovations (DJI) Matrice 300. This is the newer model, and it is in primary use. Its max flight time is 55 min, its max speed is 51.4 mph, its service ceiling above sea level is 22,965.88 feet, and its operating temperature is -4° f to 122° f. 3) Quantity: 1 UAS.
4) Expected lifespan: Approximately 5 years.
2 b) Da-Jiang Innovations (DJI) Matrice 200. This is the older model, and it is used as a backup to the DJI M300. Its max flight time is 38 min, its max speed is 51.4 mph, its service ceiling above sea level is 9,842.52 feet, and its operating temperature is -4° to 113° f.
3) Quantity: 1 UAS.
4) Expected lifespan: Approximately 5 years.
5) Initial costs: $0 spent by the City of Hermosa Beach. These Unmanned Aerial Systems were purchased by the Redondo Beach PD. The RBPD estimated they spent the following amounts for each of the two UAS: UAS Aircraft - $10,000
Sensor - $13,000
Batteries - $7,500
Misc. Equipment - $3,000
The HBPD has a contract with the RBPD that allows for access and use of their UAS aircraft.
The HBPD has officers that are trained, and FAA certified to fly UAS, and these officers take turns filling at least one or more UAS flying shifts at the RBPD each week. Regardless of which agency’s personnel are flying during a UAS shift, both cities receive patrol coverage from it. 313
6) Estimated annual maintenance costs: The HBPD has a contract with the RBPD for $30,000 per year for access and use of their UAS aircraft. This covers our share of maintenance costs, and any other expenses that might arise.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policy O3.73 (Unmanned Aerial System (UAS) Operations).
GC 7070(c)(2): Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
1) Item #1: Lenco BearCat G2 tactical armored vehicle.
2) Description, purposes, & capabilities: The Lenco Bearcat tactical armored vehicle operates on a standard Ford F-550 truck chassis, which has been upgraded into a steel armored vehicle that is four-wheel drive with a V8 diesel engine and has enough space to seat 10 to 12 fully equipped officers. The BearCat can support first responders in any high-risk incident which would benefit from having a vehicle that provides a high level of ballistic protection; including active shooters, armed or barricaded suspects, hostage situations, high-risk tactical operations, and disaster response. The HBPD often utilizes the armored vehicle at highly visible locations during large events and activities in our city. It is also utilized for community engagement and relations. 3) Quantity: 1 vehicle.
4) Expected lifespan: Approximately 20 years depending on operational usage and wear. 5) Initial costs: $0 spent by the City of Hermosa Beach. On 8-7-07, the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo Beach, and Torrance entered into a contract whereby the City of Redondo Beach coordinated the purchase of this Lenco BearCat for no more than $245,000 using a grant from the CA Governor's Office of Homeland Security (OHS) through the FY2006 Homeland Security Grant Program (HSGP).
6) Estimated annual maintenance costs: The annual cost for routine maintenance on this vehicle is estimated at approximately $500. This amount, and any maintenance in excess of this amount, is divided equally among the participating cities; therefore, the HBPD’s annual maintenance expenditure is approximately $56, plus the cost of fuel used during the HBPD’s deployments. 7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.19 (Officer Response to Calls), O3.25 (Special Purpose Vehicles), and O3.26 (Patrol Vehicle Inspection).
GC 7070(c)(5): Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 1) Item #1: 2019 Chevy Tahoe, “HB01,” Watch Commanders’ vehicle. 2) Description, purposes, & capabilities: Black and white colored sport utility vehicle outfitted with equipment to help the Watch Commander lead a patrol shift and respond to emergencies. 3) Quantity: 1 vehicle.
4) Expected lifespan: Approximately 7 years.
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5) Initial costs: a) Vehicle was purchased in December 2018 for $41,640.65 b) Vehicle was outfitted with equipment for $35,988.93. c) Total cost: $77,629.58.
6) Estimated annual maintenance costs: Approximately $5,000. 7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.19 (Officer Response to Calls), O3.25 (Special Purpose Vehicles), O3.26 (Patrol Vehicle Inspection), and O3.56 (Watch Commanders).
GC 7070(c)(10): Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 1) Item #1: Assault weapons as defined in Sections 30510 and 30515 of the Penal Code. 2) Description, purposes, & capabilities: Shoulder fired, magazine fed, semi-automatic and/or select-fire weapons using either rifle or pistol ammunition. These weapons offer a greater magazine capacity, and better accuracy at longer distances, than standard handguns or shotguns.
Weapons using rifle ammunition (.223 & .308 caliber) are better able to penetrate body armor and strike targets at longer distances, and weapons using pistol ammunition (9mm) may be a better choice for close targets because they offer the same increased magazine capacity and accuracy, while offering less penetrative power through a target and/or a backdrop. 3) Quantity: 58 rifles.
(19) Colt AR-15 Carbine, 5.56mm / .223 caliber.
4) Expected lifespan: Barrel life rated to approximately 12,000 rounds. 5) Initial costs: Approximately $1,000 per rifle.
6) Estimated annual maintenance costs: Cleaning is approx. $50 or less per rifle. (1) Colt AR-15 Carbine, 9mm.
4) Expected lifespan: Unknown.
5) Initial costs: Unknown. Purchased over 20+ years ago. 6) Estimated annual maintenance costs: $0. This weapon is no longer fielded for use. (26) US M16A1 rifle, 5.56mm / .223 caliber.
4) Expected lifespan: Unknown.
5) Initial costs: $0 / US Government Surplus.
6) Estimated annual maintenance costs: $0. These weapons were acquired free of charge from the US government, and then never fielded for use by our agency. They remain locked in a gun-safe, and the HBPD intends on returning them to the US Government. (7) US M14 rifle, 7.62mm / .308 caliber.
4) Expected lifespan: Unknown.
5) Initial costs: $0 / US Government Surplus.
6) Estimated annual maintenance costs: These weapons were acquired free of charge from the US government, and then never fielded for use by our agency. They remain locked in a gun-safe, and the HBPD intends on returning them to the US Government. (5) HK MP5 submachine gun, 9mm.
4) Expected lifespan: Barrel life rated for approx. 50K+ rounds. 315
5) Initial costs: Unknown. Purchased over 20+ years ago. 6) Estimated annual maintenance costs: $0. These weapons are no longer fielded for use, but may be issued for specific situations or assignments. 7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.15 (Firearms and Shotgun Procedures) and O3.16 (Use of Force). 1) Item #2: Rifle ammunition of less than .50 caliber, except for standard issue service ammunition.
2) Description, purposes, & capabilities: Rifle ammunition can strike targets at longer distances, with greater penetrative power through a target, than ammunition used by standard handguns or shotguns.
3) Quantity: Approximately 9,020 rounds.
(2,000 rounds) .223 caliber, Winchester, RA556B, 64 grain Bonded Soft Point. 4) Expected lifespan: Approximate 10-year shelf life.
5) Initial costs: Approximately $1.50 per round.
6) Estimated annual maintenance costs: $0.
(200 rounds) .223 caliber, Winchester, RA223R2, 64 grain Power-Point Soft Point. 4) Expected lifespan: Approximate 10-year shelf life.
5) Initial costs: Approximately $1.45 per round.
6) Estimated annual maintenance costs: $0.
(4,880 rounds) .223 caliber, Winchester, Q3131, 55 grain Full Metal Jacket. 4) Expected lifespan: Approximate 10-year shelf life.
5) Initial costs: Approximately $0.35 per round.
6) Estimated annual maintenance costs: $0.
(1,940 rounds) .308 caliber, Winchester, S308J, 168 grain Nosler HPBT Match. 4) Expected lifespan: Approximate 10-year shelf life.
5) Initial costs: Approximately $2.22 per round.
6) Estimated annual maintenance costs: $0.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.15 (Firearms and Shotgun Procedures) and O3.16 (Use of Force).
GC 7070(c)(14): The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
1) Item #1: Defense Technology, single shot, 40mm projectile launchers. 2) Description, purposes, & capabilities: A single shot Extended Range Impact Weapon (ERIW) launcher capable of firing a variety of ammunition, including specialty impact munitions (SIM), chemical agents, or combined SIM and chemical agent rounds. These weapons offer a nondeadly alternative when responding to a threat at a distance beyond the reach of a baton or Taser. 3) Quantity: 2 launchers.
4) Expected lifespan: No lifespan indicated by manufacturer. 5) Initial costs: Approximately $985.00.
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6) Estimated annual maintenance costs: $0.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.16 (Use of Force) and O3.17 (Less Lethal Weapons Procedures). 1) Item #2: “Bean bag” shotgun.
2) Description, purposes, & capabilities: This is a standard Remington Model 870, 12-gauge shotgun, which has been modified with an orange stock and orange fore-end and is designated for use with only non-deadly bean bag ammunition.
3) Quantity: 3 “Bean bag” shotguns.
4) Expected lifespan: The Remington 870 Police Magnum has a limited lifetime warranty. 5) Initial costs: Repurposed patrol shotguns. They would cost approx. $500 to $1,000 new. 6) Estimated annual maintenance costs: $0.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.16 (Use of Force) and O3.17 (Less Lethal Weapons Procedures). 1) Item #3: 12 gauge “bean bag” ammunition.
2) Description, purposes, & capabilities: This ammunition offers a non-deadly alternative when responding to a threat at a distance beyond the reach of a baton or Taser, and it can be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury, or to bring an objectively dangerous and unlawful situation safely and effectively under control. See Penal Code 13652.
3) Quantity: Approximately 172 rounds.
(24) CTS Tactical, 12-gauge beanbag, Model 2581 Super-Sock. 4) Expected lifespan: Warranty is 5 years from shipment date. 5) Initial costs: Approximately $6.45 per round.
6) Estimated annual maintenance costs: $0.
(43) Defense Technology, 3027, 12-gauge beanbag, “Drag Stabilized Round.” 4) Expected lifespan: 5-year warranty. 5-year shelf life. 5) Initial costs: Approximately $5.11 per round.
6) Estimated annual maintenance costs: $0.
(105) Safariland, 12-gauge beanbag, “Drag Stabilized Round” (same as DT 3027). 4) Expected lifespan: 5-year warranty. 5-year shelf life. 5) Initial costs: Approximately $5.11 per round.
6) Estimated annual maintenance costs: $0.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.16 (Use of Force) and O3.17 (Less Lethal Weapons Procedures). 1) Item #4: Rubber Bullets and Specialty Impact Munition (SIM) weapons ammunition. 2) Description, purposes, & capabilities: This ammunition offers a non-deadly alternative when responding to a threat at a distance beyond the reach of a baton or Taser, and it can be used in limited instances during civil unrest when use would be objectively reasonable to defend against a threat to life or serious bodily injury, or to bring an objectively dangerous and unlawful situation safely and effectively under control. See Penal Code 13652. 3) Quantity: Approximately 43 rounds.
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(31) Defense Technology, 6325, “eXact iMpact” 40mm blue sponge SIM round. 4) Expected lifespan: 5-year warranty. 5-year shelf life. 5) Initial costs: Approximately $25.31 per round.
6) Estimated annual maintenance costs: $0.
(12) Defense Technology, 6097, “Stinger” 40mm (18 x 60-Caliber Rubber Balls) SIM round. 4) Expected lifespan: 5-year warranty. 5-year shelf life. 5) Initial costs: Approximately $27.12 per round.
6) Estimated annual maintenance costs: $0.
7) Authorized uses, legal and procedural rules governing use, and training requirements: Refer to HBPD Policies O3.16 (Use of Force) and O3.17 (Less Lethal Weapons Procedures).
AMMUNITION
Ammunition controlled by this policy which was purchased since the submission of the previous year’s annual military equipment report (Type / total amount of each type / total cost for each type):
Not applicable. This section is reserved for next year’s annual military equipment report.
End of document.
APPROVED.
Paul LeBaron
Chief of Police
318
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0245
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
VACANCIES-CIVIL SERVICE BOARD
UPCOMING EXPIRATION OF TERM
(Interim City Clerk Susan Morrow)
Recommended Action:
Staff recommends City Council direct staff to immediately advertise and request applications from interested parties for one Civil Service Board Member for a four-year term ending July 15, 2026.
Executive Summary:
The Civil Service Board has one position set to expire on July 15, 2022. The incumbent Board Member, Sharon Thompson, informed staff that she will not be seeking reappointment. Staff requests Council direction to begin the application process to fill the position for the new term beginning on July 15, 2022.
Background:
In accordance with Hermosa Beach Municipal Code Chapter 2.76, the Civil Service Board shall consist of five members appointed by the City Council for terms of four years. Members of the civil service board shall be qualified electors of the City and shall not hold any salaried public office or employment with the City of Hermosa Beach.
Discussion:
Following established procedures, staff requests City Council direction to advertise for one Civil Service Board position set to expire and be vacated on July 15, 2022. If so directed, the City Clerk would prepare a notice for physical posting and publication in the Easy Reader on May 26th and June 9th.
Based on the advertising dates, staff would set an application filing deadline of 6:00 p.m. on Wednesday, June 29th. A staff report presenting applications from interested parties would be presented at the July 12, 2022 City Council meeting. A new appointment to the Civil Service Board would be for a four-year term expiring on July 15, 2026.
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Staff Report
REPORT 22-0245
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.4 Consensus oriented. Strive to utilize a consensus-oriented decision making process. · 1.7 Diversity of representation. Strive to reflect a comprehensive cross-section of the community in appointments to Commission and Advisory Committees.
Goal 2. The community is active and engaged in decision-making process.
Policies:
· 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods.
· 2.6 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions.
Fiscal Impact:
The estimated cost of two publications in the Easy Reader would be $400. Funds are available in the City Clerk’s Fiscal Year 2021-22 Budget.
Attachments:
None
Respectfully Submitted by: Susan Morrow, Interim City Clerk Approved: Suja Lowenthal, City Manager
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From: Ann Yang
To: Vanessa Godinez; Michael Jenkins
Cc: City Clerk
Subject: FW: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Date: Tuesday, April 26, 2022 12:51:46 PM
FYI
From: [email protected] <[email protected]> Sent: Tuesday, April 26, 2022 12:50 PM
To: City Clerk <[email protected]>; Ann Yang <[email protected]>; City Council <[email protected]>; Angela Crespi <[email protected]>; Suja Lowenthal <[email protected]>
Subject: New eComment for City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM)
SpeakUp
New eComment for City Council Hybrid Meeting
(Closed Session - 5:00 PM and Open Session - 6:00
PM)
Matt McCool submitted a new eComment.
Meeting: City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) Item: c. REPORT 22-0245 VACANCIES-CIVIL SERVICE BOARD UPCOMING EXPIRATION OF TERM (Interim City Clerk Susan Morrow)
eComment: I am respectfully requesting the City Council continue this agenda item until there is a full analysis of the Civil Service Board, just as previously with the Emergency Preparedness Advisory Commission. Recently, I began researching the Civil Service Board as a possible resource for my ongoing issue with the City. Prior to January 2022, there are no videos. The last time minutes were uploaded was September 2017. As far as transparent governance of open meetings there appears to be an issue, and specifically in compliance of executive order N-29-
20. https://www.hermosabeach.gov/our-community/agendas-minutes-video View and Analyze eComments
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City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0267
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 26, 2022
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
Attachments:
Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 4/22/2022
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April 24, 2022
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council April 26, 2022
TENTATIVE FUTURE AGENDA ITEMS
MONDAY, MAY 9, 2022 @ 6:00 PM
STUDY SESSION ON CANNABIS INITIATIVE AND CITY’S OPTIONS MAY 10, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MAY 10, 2022 @ 6:00 PM
PRESENTATIONS
RECOGNIZING NATIONAL POLICE AND PUBLIC WORKS WEEK MAY 15−21, 2022
RECOGNIZING LEADERSHIP HERMOSA BEACH EMERGING LEADERS
RECOGNIZING ARTIST KATY JENSSEN FOR HER MOSAIC SURFBOARDS
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
2020-21 Annual Comprehensive Financial Report (Including Report from Independent Auditor)
Finance Director Annual
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 5, 2022
Community Resources Manager Ongoing
Recommendation to receive and file the action minutes of the Economic Development Committee meeting of May 2, 2022
Interim Community Development
Director
Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for March 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Hermosa Beach Landscaping and Street Lighting District 2022-2023 adoption of resolutions regarding the Engineer’s Report and setting July 12, 2022 for a Public Hearing
Public Works Director Annual
Approve Letters of Support for Proposed Assembly Bill 2432 (Gipson) Providing Incentives for Micromobility Devices and Assembly Bill 2074 (Muratsuchi) Allowing Creation of a Neighborhood Electric Vehicle Transportation Plan
Environmental Programs Manager Staff Request
Apr. 19, 2022
Purchase of Electric Vehicles for Police Department – Community Services Division
Police Chief Staff Request
Apr. 18, 2022
PUBLIC HEARINGS – 6:30 PM
Review of Additional Impact Level III Events Community Resources Manager Staff Request Apr. 14, 2022
Second Reading: Adoption of policy pursuant to AB 481 Police Chief Council Direction Apr. 26, 2022
324
2 MAY 10, 2022 @ 5:00 PM
INITIAL
DATE CONTINUED
MUNICIPAL MATTERS
Consider the City’s options, in light of the cannabis initiative filed with the City Clerk by Colton Chacker on November 17, 2021, and provide direction regarding next steps
City Manager Council Direction
Apr. 12, 2022
Leadership Hermosa Beach Class of 2022 Class Project Deputy City Manager/Public Works Director
Annual
Second Amendment to the Professional Services Agreement between the City of Hermosa Beach and John L. Hunter and Associates
Environmental Programs Manager Staff Request
Mar. 16, 2022
Consideration of Proposals regarding the extension of Agreements between the City of Hermosa Beach and Arakelian Enterprises (Athens) for Solid Waste Management Services and Street Sweeping and Cleaning Services Environmental Programs Manager Staff Request
Apr. 11, 2022
South Bay Cities Council of Governments Housing Trust Interim Community Development Director
Staff Request
Apr. 15, 2022
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Emergency Management
Coordinator
Staff Request
Jan. 27, 2022
Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance
City Manager/Senior Management
Analyst
Staff Request
Feb. 8, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
325
3 MAY 24, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MAY 24, 2022 @ 6:00 PM
PRESENTATIONS
PROCLAMATION DECLARING JUNE 2021 AS PRIDE MONTH IN HERMOSA BEACH
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Update from Jim Fasola - City Delegate to the Los Angeles County West Vector & Vector-Borne Disease Control District Board of Trustees
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for April 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for April 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 16, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of May 17, 2022
Interim Community Development
Director
Ongoing
Planning Commission Tentative Future Agenda Items Interim Community Development Director
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
South Bay Workforce Investment Board 3rd Quarter Summary for 2021-2022 City Manager Quarterly Consideration of Arakelian Enterprises, Inc (DBA Athens Services) request for an annual rate adjustment to the maximum rates for solid waste services Environmental Programs Manager Annual
PUBLIC HEARINGS – 6:30 PM
Public Hearing on Hermosa Beach Landscaping and Street Lighting District 2022-2023
Public Works Director Annual
MUNICIPAL MATTERS
Update and extension of temporary outdoor dining and downtown lane reconfigurations
Environmental Programs Manager Staff Request
Mar. 24, 2022
FUTURE AGENDA ITEMS
Tentative Future Agenda Items City Manager Ongoing
326
4 THURSDAY, JUNE 2, 2022 @ 5:00 PM
BUDGET STUDY SESSION
JUNE 14, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JUNE 14, 2022 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Adoption of the 2022-23 Appropriations Limit Finance Director Annual Recommendation to receive and file the action minutes of the Economic Development Committee meeting of June 6, 2022
Interim Community Development
Director
Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for April 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
PUBLIC HEARINGS – 6:30 PM
Adoption of Fiscal Year 2022-23 Budget Finance Director Annual
MUNICIPAL MATTERS
Approval of the Economic Development Strategy Interim Community Development Director
Staff Request
Apr. 6, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING JUNE 28, 2022
CANCELLED DUE TO LACK OF QUORUM
327
5 JULY 12, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JULY 12, 2022 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for May 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
PUBLIC HEARINGS – 6:30 PM
Public Hearing on the Annual Levy for the Sewer Charge and Engineers Report
Public Works Director Annual
Public Hearing to review delinquent solid waste collection (refuse) charges for consideration of placing said charges on the property tax rolls as a special assessment. The assessment would affect only those properties with refuse bills delinquent as of March 31, 2022
Environmental Programs Manager Annual
MUNICIPAL MATTERS
Award of Crossing Guard Contract Police Chief Staff Request Apr. 6, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
328
6 PENDING STRATEGIC PLAN ITEMS
STATUS /
TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager
PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Document Retention Policy
Initiated by: Staff Request Nov. 28, 2018
City Clerk Pending Deputy City Clerk
Appointment
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.
The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.
Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk/Assistant to
the City Manager
Pending Deputy City Clerk
Appointment
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Interim Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
329
7 (AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Interim Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter
12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Interim Community
Development
Director/Environmental
Program Manager
Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits
Initiated by: Council Direction January 31, 2022
City Manager
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
330