City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
City of Hermosa Beach
Meeting Minutes - Final
City Council
Mayor
Ray Jackson
Mayor Pro Tem
Justin Massey
Councilmembers
Dean Francois
Rob Saemann
Mike Detoy
Tuesday, January 24, 2023 5:00 PM
Hybrid virtual/in-person meetings are held pursuant to AB361 Closed Session - 5:00 PM
Open Session - 6:00 PM
5:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Jackson called the meeting to order at 5:02 p.m.
ROLL CALL
Councilmember Francois joined the meeting when the City Council recessed to Closed Session.
City Clerk Myra Maravilla announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, and Councilmember Detoy
Present: 4 -
Absent: 1 - Councilmember Saemann
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Virtual Public Comment:
Matt McCool
RECESS TO CLOSED SESSION
The City Council recessed to Closed Session.
a) 23-0058 MINUTES: Approval of minutes of Closed Session held on January 10, 2023.
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b) 23-0055 CONFERENCE WITH LEGAL COUNSEL: Litigation Update Pending Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Cases: CARRILLO, BERNADETTE MARIE, Case Number:
21STCV31855; CRUZ, JONATHAN, Case Number: 22STRCV01015; FARIS, DEBRA, Case Number 22STRCV01015; FRILOT, MICHAEL, Case Number:
20TRCV00045; GERSTBERGER, MARISTELA, Case Number: 22STCV08392; MUZATKO, RACHEL, Case Number: 20TRCV00048; WEBSTER, AMBER LYNN, Case Number: 21STCV26516; and WILHELM, JENNIFER, Case Number: 21STCV28370
6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:18 p.m.
II. PLEDGE OF ALLEGIANCE
Officer Julien led the Pledge of Allegiance.
III. ROLL CALL
City Clerk Maravilla announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, and Councilmember Detoy
Present: 4 -
Absent: 1 - Councilmember Saemann
IV. CLOSED SESSION REPORT
City Attorney Donegan reported out Councilmember Francois was in attendance for the entirety of the closed session and in closed session, by a unanimous 4-0 vote, the City Council adopted an agreement entirely disposing of the litigation, case number 20TRCV00045. In exchange for the Plaintiff, Michael Frilot, waiving his rights to appeal any existing Court ruling in the City's favor and filing a complete dismissal of the case in its entirety, the City agreed to waive its right to recover whatever costs may be recoverable.
V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Mayor Jackson announced:
The Los Angeles County Homeless Count will take place on Wednesday, January 25, 2023 and the Sidewalk Sale.
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VI. APPROVAL OF AGENDA
Councilmember Massey requested a change in the order of business items to hear item Municipal Matter item "b" before Municipal Matter item "a."
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to approve the order of the agenda. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
VII. PROCLAMATIONS / PRESENTATIONS
a) 23-0052 INTRODUCTION OF POLICE OFFICERS NICOLAS DIGENOVA,
FABIAN REYES, IVAN REYES, AND RICKY JULIEN
Police Chief LeBaron introduced new Police Department hires and gave appreciation to Police Sergeant Joe Poelstra for his recruitment efforts.
Community Services Officer Nate Sorriano was recognized.
Police Services Officer Jaqueline Rodriguez was recognized.
Officer Ricky Julian was recognized.
Officer Ivan Reyes was recognized.
Officer Fabian Reyes was recognized.
Officer Nico DiGenova was recognized.
b) 23-0053 RECOGNIZING RICHARD TAYLOR FOR HIS
LIFE SAVING EFFORTS
Chief LeBaron recognized Officer Richard Taylor for his life saving efforts.
Officer Richard Taylor was joined by Mr. Adams whom he saved from a collision two years prior.
c) 23-0054 PROCLAMATION DECLARING FEBRUARY
2023 AS BLACK HISTORY MONTH
Mayor Jackson read a proclamation declaring February 2023 as Black City of Hermosa Beach Page 3 Printed on 3/8/2023
City Council Meeting Minutes - Final January 24, 2023
History Month.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report regarding:
the Strand Pedestrian Safety Pilot Project; residential parking permits; Chocolate Lovers excursion and Valley Park maintenance; the new online building inspection platform; and Hermosa is Hiring updates.
Stephanie Holst, Senior Engineer, was introduced.
Rick Richards, Risk Management Analyst, was introduced.
Dejuan Hodges, Maintenance Worker I, was introduced.
Carrie Tai, Community Development Director, was announced. a) 23-0056 POLICE CHIEF UPDATE
Police Chief LeBaron provided an update on Police Department activities and crime trends.
Mayor Pro Tem Massey provided comments about statistics related to the theft of catalytic converters.
Councilmember Francois provided comments about the pilot project on the Strand.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
a) 23-0060 WRITTEN COMMUNICATION
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to receive and file Written Communication. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
X. CITY COUNCILMEMBER COMMENTS
a) 23-0059 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Councilmember Detoy announced that clothing donations are being accepted for families at Camp Pendleton.
Mayor Jackson made comments about his attendance to the California City of Hermosa Beach Page 4 Printed on 3/8/2023
City Council Meeting Minutes - Final January 24, 2023
Contract Cities Conference and U.S. Conference of Mayors.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Councilmember Detoy, seconded by Councilmember Francois, to approve the Consent Agenda and remove item "g" and "f" for separate discussion. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
b) REPORT
23-0057
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar. b) REPORT
23-0039
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. c) REPORT
23-0042 MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE
REPORT,
AND CIP REPORT BY PROJECT FOR DECEMBER 2022
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. d) REPORT
23-0036
MEMORANDUM REGARDING
CITY TREASURER’S REPORT AND CASH BALANCE REPORT
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. e) REPORT
23-0044
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF JANUARY 12, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar. h) REPORT
23-0051
FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.
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XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
There were no Public Hearings.
XIV. MUNICIPAL MATTERS
b) REPORT
23-0049
CONSIDERATION OF FEES AND OTHER CHANGES TO THE
TEMPORARY OUTDOOR DINING PROGRAM
(Environmental Programs Manager Douglas Krauss)
City Manager Suja Lowenthal provided the staff report.
Doug Krauss, Environmental Programs Manager, provided a staff report.
Councilmember Detoy asked staff questions.
Councilmember Francois asked staff questions.
Beth Finestone, Appraiser, provided information about the methodology used for the appraisal of the outdoor dining decks.
Mayor Jackson provided information.
In Person Public Comment:
Ray Dussault
An unidentified person spoke
Laura Pena
Madison
An unidentified person spoke
Ron Newman
Jessica Accamando
Virtual Public Comment:
Tony Higgins
Jonathan Wicks
Matt McCool
Megg Sulzinger
Barbara Ellman
Mayor Jackson requested additional information from the Appraiser Beth Finestone.
Councilmember Detoy provided comments.
Councilmember Francois provided comments.
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Mayor Pro Tem Massey provided comments.
Councilmember Detoy provided comments.
Mayor Jackson provided comments.
Mayor Pro Tem Massey provided comments.
The City Council deliberated and dicussed staff coming back to the City Council with concepts for outdoor dining on Pier Plaza to address additional encroachments, rooftop decks, pricing, and safety considerations.
Councilmember Francois provided comments.
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to:
1. Seek input from various stakeholders such as Plaza and off Plaza businesses, Public Safety personnel and any other stakeholders staff deems appropriate to bring back options to consider size limitations on Plaza dining decks; and
2. Review options for additional COVID-19 dining deck extensions that serve the interest of the community including on and off Plaza businesses; and
3. Direct staff to review fees for on Plaza businesses with additional dining decks that were instituted under COVID to seek the input of stakeholders including on and off Plaza businesses and any other stakeholders staff deem appropriate; and
4. Bring back options to consider categorizing on and off Plaza businesses fees charged for additional dining space, and implementat timelines for the categories including options for flexibility to allow businesses to pull their infrastructure off and no longer utilize the public space for the additional dining seasonally or for periods of the year and then be able to replace it during times of the year when they want to use it; and
5. Encourage businesses allowed to use rooftop dining decks during the COVID-19 emergency to apply to modify their Conditional Use Permit for continued use. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
It was moved by Mayor Pro Tem Massey, seconded by Councilmember Detoy to extend the meeting to 11:30 p.m.
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
The City Council recessed at 10:40 p.m.
The City Council reconvened from at 10:45 p.m.
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All City Councilmembers were present and City Clerk Maravilla announced a quorum.
a) REPORT
23-0040
ECONOMIC DEVELOPMENT STRATEGY PROGRESS REPORT
(Interim Community Development Director Corrie Kates)
Interim Community Development Director Corrie Kates introduced Christy Teague.
Christy Teague, Senior Planner, provided a staff report.
Councilmember Detoy provided comments.
Councilmember Francois provided comments.
In Person Public Comment:
Ray Dussault
Jessica Accamando
Councilmember Francois provided comments.
Councilmember Detoy provided comments.
A motion was made by Councilmember Detoy, seconded by Councilmember Francois to receive and file the Economic Development Strategy Progress Report; Review the mid-year budget; and Review second year priorities.The motion carried by the following vote.
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION f) REPORT
23-0045
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF NOVEMBER 16, 2022
(Public Works Director Joe SanClemente)
Councilmember Detoy provided comments.
Mayor Pro Tem Massey provided comments.
Mayor Jackson provided comments.
Councilmember Francois pulled the item for separate discussion and provided comments.
Mayor Pro Tem Massey provided comments.
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City Attorney Patrick Donegan provided comments.
Councilmember Francois provided comments.
Public Works Director Joe SanClemente provided information.
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to receive and file the action minutes of the Public Works Commission meeting of November 16, 2022. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
A motion was made by Mayor Pro Tempore Massey, seconded by Mayor Jackson to extend the meeting to 11:45 p.m. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
g) REPORT
23-0048
ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF JANUARY 17, 2023
(Interim Community Development Director Corrie Kates)
Councilmember Detoy pulled the item for separate consideration and provided comments.
City Attorney Donegan provided information.
Councilmember Francois provided comments.
Interim Community Development Director Kates provided information.
City Clerk Maravilla announced quorum.
A motion was made by Councilmember Detoy, seconded by Mayor Jackson to receive and file the action minutes of the Planning Commission regular meeting of January 17, 2023. Motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Detoy
Absent: 1 - Saemann
XV. FUTURE AGENDA ITEMS
a) 23-0037 TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
Mayor Jackson adjourned the meeting at 11:47 p.m. in memory of Harry Cartwright. Councilmember Francois provided a eulogy.
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