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, February 28, 2023 5:00 PM
Closed Session - 5:00 PM
Open Session - 6:00 PM
5:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Jackson called the Closed Session to order at 5:01 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:
Matt McCool
a) 23-0124 MINUTES: Approval of minutes of Closed Session held on January 24, 2023 and February 2, 2023.
b) 23-0121 CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation - Government Code Section 54956.9(d) (2),(3)&(4)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the City in the litigation.
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1) Significant exposure to civil litigation* - Additional Compensation Claim by Aid Builders Inc. (“Aid”): Public Restroom Project
2) Initiation of litigation - Number of potential cases: 1 *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.
c) 23-0122 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 position of the City in the litigation.
Name of Case: Walters Wholesale Electric v. Genesis Electric et al Case Number: 22TRCV01096, Los Angeles Superior Court
d) 23-0123 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 position of the City in the litigation.
Name of Case: Jaime Ramirez v. City of Hermosa Beach
WCAB Number: ADJ13868846
WCAB Number: ADJ15354438
RECESS TO CLOSED SESSION
Mayor Jackson recessed to Closed Session at 5:05 p.m.
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6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:03 p.m.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Hermosa Beach Little League President, Mark Mamber.
III. ROLL CALL
City Clerk 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 provided a Closed Session Report. No reportable action was taken.
V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Mayor Jackson provided the following announcements: Opening Day of Hermosa Beach Little League and St. Patrick’s Day Parade.
Mayor Jackson attended the ribbon cutting for two new Hermosa Businesses, Capri Gelato and West Coast Sweat, and welcomed them to the City of Hermosa Beach.
VI. APPROVAL OF AGENDA
It was moved by Mayor Pro Tem Massey, seconded by Councilmember Detoy to approve the agenda and hear Public Hearing item 13 "b" before 13 "a" and pull agenda item "g" from the Consent Calendar for separate discussion.
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
VII. PROCLAMATIONS / PRESENTATIONS
a) 23-0072 RECOGNIZING HERMOSA BEACH RESIDENT AND
LA KING’S RETIREE DUSTIN BROWN
Mayor Jackson presented a proclamation and a Hermosa Beach surf board to Dustin Brown.
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Dustin Brown provided comments.
b) 23-0073 RECOGNIZING BUSINESSES AND RESIDENTS FOR
PARTNERING WITH HBPD TO REDUCE BIKE THEFT
Mayor Jackson invited Detective Mateko to the podium.
Detective Mateko discuss the program and recognized the following local businesses with a plaque:
The Bike Shop
Hermosa Cyclery
Trick eBikes
Steel Partners
H2O Hermosa Hotel
Dan Woodside
c) 23-0075 PRESENTATION ON LEADERSHIP
HERMOSA BEACH CLASS PROJECT
Mayor Jackson invited James Lenihan and Brian Katz from Leadership Hermosa Beach to the podium to present the class project "Hermosa Mariposa."
Mayor Jackson provided comments.
Councilmember Saemann provided comments.
Mayor Pro Tem Massey provided comments.
Councilmember Francois provided comments.
Councilmember Detoy provided comments.
d) 23-0074 UPDATE ON BEACH CITIES MENTAL
HEALTH EVALUATION TEAM (MET)
Mayor Jackson invited Captain Phillips to provide an overview of the Mental Health Evaluation Team (MET).
Captain Phillips introduced Stephanie LeMarche, Nicole Watson, Rosalinda Lopez and Timothy Steingraeber.
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Stephanie LeMarche provided departing remarks, and Nicole Watson provided introductory comments.
Mayor Jackson provided comments.
Mayor Pro Tem Massey provided comments.
Councilmember Detoy provided comments.
City Manager Suja Lowenthal provided comments.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report.
Carrie Tai, Community Development Director, provided comments. a) 23-0076 POLICE CHIEF UPDATE
Police Chief LeBaron provided the Police Chief Update.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
In Person Public Comment:
Vince Ray
David Grethen
Lynne Pope
Debbie Martin
Trent Larson
Jessica Accamando
Mark Mamber
Ray Dussault
Barbara Ellman
Aniay Prus
Mike Winn
Mark P.
Chris Prenter
Alex Sola
Virtual Public Comment:
Tracy Hopkins
Tony Higgins
Megg Sulzinger
Brian Cooley
Matt McCool
An unidentified person spoke
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An unidentified person spoke
Bryan Fonseca
a) 23-0118 WRITTEN COMMUNICATION
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to receive and file the written communication. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
X. CITY COUNCILMEMBER COMMENTS
Mayor Jackson spoke about the comments made related to the cellphone tower.
City Attorney Donegan and City Manager Lowenthal made comments about the legal noticing requirements for the cellphone tower.
The City Council made comments about the cellphone tower.
Community Development Director Carrie Tai spoke.
City Manager Lowenthal responded to City Council's concerns. a) 23-0077 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Councilmember Francois reported on his recent attendance to the League of California Cities New Mayors and Councilmembers Academy and the Independent Cities Association Winter Seminar.
Councilmember Saemann reported on his attendance to the Sister City Association meeting.
Mayor Jackson reported on his activities during a recent visit to Sacramento and attendance to the Independent Cities Association Winter Seminar, and his activities at a local school for Read Across America.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy, to approve the Consent Calendar, items "b"-"f" and "h"-"q". The motion carried by the following vote:
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Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
b) REPORT
23-0087
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. c) REPORT
23-0101
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
23-0094
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
23-0084
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. f) REPORT
23-0110
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF FEBRUARY 16, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar. h) REPORT
23-0117
ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF FEBRUARY 21, 2023
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar. i) REPORT
23-0106
PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar. j) REPORT
23-0090
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF DECEMBER 6, 2022
A motion was made to approve recommendation on the Consent Calendar.
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k) REPORT
23-0095
APPROVAL OF RETURNING IMPACT LEVEL III SPECIAL EVENT
(Community Resources Manager Lisa Nichols)
A motion was made to approve recommendation on the Consent Calendar. l) REPORT
23-0097
ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETINGS OF DECEMBER 21, 2022 AND JANUARY 18, 2023
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar. m) REPORT
23-0098
RECOMMENDATION TO REJECT CLAIMS
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar. n) REPORT
23-0108
APPROVAL OF A REQUEST TO REVISE THE CLASS
SPECIFICATION FOR BUILDING AND PLANNING
TECHNICIAN AND TO AFFIRM THE BARGAINING UNIT
AS TEAMSTERS UNION LOCAL 911
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar. o) REPORT
23-0061
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR DECEMBER 2022
(Deputy City Manager Angela Crespi)
A motion was made to approve recommendation on the Consent Calendar. p) REPORT
23-0099
AWARD OF CONSTRUCTION CONTRACT FOR CIP 617
CIVIC CENTER CHARGING STATIONS
(Environmental Programs Manager Douglas Krauss)
A motion was made to approve recommendation on the Consent Calendar. q) REPORT
23-0104
SOUTH BAY WORKFORCE INVESTMENT BOARD
QUARTERLY SUMMARY
A motion was made to approve recommendation on the Consent Calendar.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION g) REPORT
23-0113
SUBJECT: FINAL MAP NO. 83160 (CUP 21-2, PDP 21-2);
LOCATION: 856 CYPRESS AVENUE; APPLICANT(S):
KYLE AND WENDY BERGSTRESSER; REQUEST: TO
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ADOPT A RESOLUTION APPROVING FINAL MAP FOR
A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT
(Community Development Director Carrie Tai)
Mayor Pro Tem Massey recused himself due to real property interest It was moved by Councilmember Detoy, seconded by Councilmember Saemann to adopt a resolution and approving Final Map No. 83160, which is consistent with the approved Vesting Tentative Parcel Map; and Authorize the City Clerk to endorse the certificate for said map. Motion carried by the following vote:
Aye: 4 - Mayor Jackson, Francois, Saemann, and Detoy
Absent: 0
Recused: 1 - Massey
a) REPORT
23-0078
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Councilmember Francois pulled the item for separate discussion, and requested the amendment of the minutes to add additional information.
Councilmember Francois provided comments.
Mayor Pro Tem Massey provided comments.
Virtual Public Comment:
Laura Pena
Councilmember Francois provided comments.
Councilmember Detoy provided comments.
Mayor Pro Tem Massey provided additional comments.
City Manager Lowenthal provided comments.
Mayor Jackson provided comments.
City Attorney Donegan provided comments.
Councilmembers continued deliberation on this item.
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to approve the minutes for the regular meeting of Tuesday, January 24, 2023, and Thursday, February 2, 2023. The motion carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Saemann, and Detoy
No: 1 - Francois
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Absent: 0
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
b) REPORT
23-0111
PUBLIC HEARING TO DISCUSS AND CONSIDER CHANGES TO
RESIDENTIAL PARKING PERMITS, EMPLOYEE PARKING
PERMITS, AND PARKING METER AND PARKING LOT RATES
(Finance Director Viki Copeland)
City Manager Lowenthal introduced the item.
Finance Director Viki Copeland provided the staff report.
Mayor Jackson requested the residential parking be deliberated and approved first.
Councilmember Francois provided comments.
Councilmember Detoy provided comments.
Carlos Burgos, Acting Community Services Manager, provided information.
In Person Public Comment:
Vincent Busam
Ray Dussault
Mark
Alex Sola
Virtual Public Comment:
Matt McCool
Megg Sulzinger
Brian Fonseca
Tony Higgins
Steve Izant
Laura Pena
Todd Tullis
Lauren Pizer Mains
The City Council deliberated on the item.
It was moved by Councilmember Detoy, seconded by Councilmember Saemann for SECTION 1. That Section 4, Paragraph (a) of Resolution 82-4524, be amended to read as follows: Residential Parking Permits are limited to three per year per residence, to vehicles registered to the residence. Proof of residence and valid vehicle registration at that address shall be required. A single extra permit in excess of the maximum 3 Residential Parking Permits per residence may be City of Hermosa Beach Page 10 Printed on 3/15/2023
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issued by the City Manager or designee, in the sole discretion of City Manager or designee, upon a showing that there exists a number of registered vehicles to different and unique drivers at a specific property which does not have adequate on-site parking to accommodate the number of vehicles in excess of the 3 Residential Parking Permits allowed. The burden of proof shall be upon the applicant, and the City Manager shall develop adequate application standards to the satisfaction of the City Manager. The City Manager or designee decision shall be final. In the event of resident turnover at a specific residence, a signed lease by the owner of record of the property shall be required to issue new passes to new and different drivers than the previous tenants. The previously issued Residential Parking Permits shall be cancelled upon a showing of new residents at any specific residence and SECTION 2. That Section 8, Paragraphs (a), (b), and (c), shall be amended to read as follows: First permit - $50; Second permit - $50; Third permit - $50; and Fourth permit - $50. The motion was carried by the following vote:
Aye: 4 - Mayor Jackson, Francois, Saemann, and Detoy
No: 1 - Massey
Absent: 0
Motion was made by Councilmember Saemann, seconded by Mayor Pro Tem Massey to set employee permit rates as follows: Yellow post $175.00 per year; and all 3 levels of Lot C - 24 hours a day for $75 per month; and all 3 levels of Lot C - Daytime -12 hours for $38 per month. The motion was carried by the following vote:
Aye: 4 - Mayor Jackson, Massey, Francois, and Saemann
No: 1 - Detoy
Absent: 0
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to eliminate the property owner's guest permit option. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
The City Council recessed for a five minute break.
The City Council resumed the meeting at 11:52 p.m. and all members were present.
In Person Public Comment:
An unidentified person spoke
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to extend the meeting to 1:30 a.m. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
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Motion was made by Councilmember Detoy, seconded by Mayor Pro Tem Massey to approve staff recommendation and introduce on first reading an Ordinance entitled "An Ordinance of the City Council of the City of Hermosa Beach, California Increasing Parking Meter Rates, and Finding the Same Exempt from the California Environmental Quality Act." The motion was carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
A motion was made by Mayor Pro Tem Massey, seconded by Councilmember Saemann to adjust the Contractor Parking fee to $42.00 from $34.00 and the Daily Parking to $6.00 from $5.00. The motion was carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
a) REPORT
23-0096
APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENTS
(Community Resources Manager Lisa Nichols)
Community Resources Manager Lisa Nichols presented the staff report.
Public Comments provided In-Person:
Mark
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include the following new Impact Level II Special Events on the 2023 Special Event Calendar: Redondo Union High School (RUHS) Girls Beach Volleyball Matches on the Volleyball Courts north of the Pier on Monday, March 6; Tuesday, March 14; Friday, March 17; Tuesday, March 21; Thursday, March 23; Monday, April 3; Tuesday, April 4; and Thursday, April 6; and You Are Enough 5K on the Strand north of the Pier and Schumacher Plaza on Saturday, April 8.The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
XIV. MUNICIPAL MATTERS
a) REPORT
23-0062
MIDYEAR BUDGET REVIEW 2022-23
(Finance Director Viki Copeland)
Finance Director Viki Copeland provided an overview of the midyear budget.
There was no Public Comment for this item.
Councilmember Massey provided comments.
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A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to approve the revisions to estimated revenue, appropriations, budget transfers, and fund balances as shown herein and in the attached Revenue Detail Report, Additional Appropriations Report, Budget Transfers Report, and Budget Summary Report; and approve the following transactions from the General Fund:
a) Transfer $281,758 to the assigned fund balance for Contingencies in order to maintain the City's target of 16 percent of appropriations for this fund; b) and Transfer $7,858 to the assigned fund balance for Compensated Absences in order to maintain the City's target of 25 percent of accrued leave balances; c) Transfer $3,835,617 of unspent funds from 2021-22 from the unassigned fund balance category to the assigned fund balance category; d) Transfer $2,012,273 of unspent funds from 2020-21 from the unassigned fund balance category for use in the Capital Improvement Fund; and e) Transfer the remaining balance of $1,521,689 of unspent funds from 2022-23 for use in the Insurance and Equipment Funds; and
3. Receive and file the City Council Travel Summary. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
b) REPORT
23-0091
AWARD CONSTRUCTION CONTRACT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
CURB RAMPS, SIDEWALK, AND AMERICAN WITH
DISABILITIES ACT (ADA) IMPROVEMENTS
(Public Works Director Joe SanClemente)
Public Works Director Joe SanClemente provided a staff report.
Councilmember Saemann provided comments.
There was no Public Comment for this item.
Mayor Jackson provided comments.
City Manager Lowenthal responded to Council's concerns.
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to award a construction contract for curb ramps, sidewalk, and ADA improvements to Gentry General Engineering, Inc. in the amount of $207,793; and authorize the Director of Public Works to establish a project contingency amount of $82,027.07; and adopt the attached resolution entitled "A Resolution of The City Council of the City of Hermosa Beach Approving the Construction of Curb Ramps, Sidewalk, and ADA Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account"; and authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and authorize the Director of Public Works to file a Notice of Completion following final completion of the project. The motion carried by the following vote:
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Absent: 0
c) REPORT
23-0092
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH
(“CITY”) TERMINATING THE LOCAL EMERGENCY DECLARED
BY THE CITY AS A RESULT OF THE COVID-19 PANDEMIC
AND RESCINDING CITY ACTIONS RELATED TO THE
COVID-19 PANDEMIC
(City Attorney Patrick Donegan)
City Attorney Patrick Donegan provided a staff report.
Councilmember Saemann provided comments.
City Clerk Maravilla responded to Councilmeber Saemann's concerns.
There was no Public Comment for this item.
Councilmember Massey provided comments.
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to adopt a Resolution titled, "A Resolution of the City Council of the City of Hermosa Beach Terminating the Local Emergency Declared by the City as a Result of the COVID-19 Pandemic and Rescinding City Actions Related to the COVID-19 Pandemic." The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
XV. FUTURE AGENDA ITEMS
Councilmember Francois requested a future agenda item to discuss the storage of a surf camp container on the beach.
The request did not have a second.
a) 23-0112 TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
Mayor Jackson thanked staff for all their hard work throughout the pandemic and for the parking item.
Mayor Jackson adjourned the meeting in memory of James O Gierlich at 1:34 a.m. and provided a eulogy.
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