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
Thursday, February 2, 2023 7:00 PM
Hybrid virtual/in-person meetings are held pursuant to AB361 Closed Session - 5:00 PM
Open Session - 6:00 PM
7:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Jackson called the Closed Session to order at 8:48 p.m.
ROLL CALL
City Clerk Myra Maravilla announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, Councilmember Saemann, and Councilmember Detoy
Present: 5 -
Absent: 0
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Virtual Public Comment:
Kent Allen
RECESS TO CLOSED SESSION (Meeting will reconvene in the Council Chambers after Closed Session and recess to Open Session)
a) 23-0065 CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation - Government Code Section 54956.9(d)(2)&(3) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the City in the litigation.
Significant exposure to civil litigation* - One Matter:
City of Hermosa Beach Page 1 Printed on 3/8/2023
City Council Meeting Minutes - Final February 2, 2023
1) Additional Compensation Claim by Aid Builders Inc. (“Aid”):
Public Restroom Project.
*Significant exposure to civil litigation means that there exists facts and circumstances where the City may face a lawsuit. This does not mean that any potential lawsuit is meritorious or that there is a significant risk that the City will not prevail in any possible lawsuit.
b) 23-0066 CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the City in the litigation.
Name of Case: Walters Wholesale Electric v. Genesis Electric et al Case Number: 22TRCV01096, Los Angeles Superior Court
8:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 8:48 p.m.
II. PLEDGE OF ALLEGIANCE
Laura Pizer Mains led the pledge of allegiance.
III. ROLL CALL
City Clerk Myra Maravilla announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, Councilmember Saemann, and Councilmember Detoy
Present: 5 -
Absent: 0
IV. CLOSED SESSION REPORT
City Attorney Patrick Donegan announced that no reportable action was taken.
V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
There were no announcements.
VI. APPROVAL OF AGENDA
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: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy City of Hermosa Beach Page 2 Printed on 3/8/2023
City Council Meeting Minutes - Final February 2, 2023
Absent: 0
VII. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
Virtual Public Comment:
Kent Allen
Matt McCool
a) REPORT
23-0070
SUPPLEMENTAL GENERAL COMMUNICATIONS FROM THE
PUBLIC
VIII. CITY COUNCILMEMBER COMMENTS
There were no Councilmember comments.
IX. MUNICIPAL MATTERS
a) REPORT
23-0067
CITY PARK RESTROOMS AND RENOVATIONS PROJECT
(Public Works Director Joe SanClemente)
City Attorney Donegan provided a staff report.
City Manager Lowenthal provided comments.
Councilmember Saemann provided comments.
Councilmember Francois provided comments.
Virtual Public Comment:
Laura Pena
In Person Public Comment:
Barbara Ellman
Laura Pizer Mains
Mayor Jackson provided comments.
Public Works Director Joe SanClemente provided an overview on the status of the project.
City Attorney Donegan provided additional information.
Councilmember Francois provided comments.
Councilmember Saemann provided comments.
City of Hermosa Beach Page 3 Printed on 3/8/2023
City Council Meeting Minutes - Final February 2, 2023
It was moved by Mayor Pro Tem Massey, seconded by Councilmember Saemann to direct the appropriation of an additional $300,000 from the 2020-2021 unspent funds in the assigned fund balance; and direct the City Manager to execute a contract to the most advantageous bidder for the completion of the restroom project; and direct staff to pursue all legal options to recover the original contract amount. The motion was carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
X. ADJOURNMENT
Mayor Jackson adjourned the meeting at 9:41 p.m.
City of Hermosa Beach Page 4 Printed on 3/8/2023