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ORDINANCE NO. 21-1430U
AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, TEMPORARILY ALLOWING LIMITED MUSIC AT
COMMERCIAL ESTABLISHMENTS DURING THE COVID-19 CRISIS,
AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. On March 15, 2020, the City of Hermosa Beach (“City”) declared a local emergency to ensure an effective City response to a respiratory disease which has been named “COVID19”. At a special meeting on March 16, 2020, the City Council adopted Resolution No. 20- 7230, approving and ratifying the declaration of emergency.
B. On March 19, 2020, the Governor of the State of California, issued Executive Order N-33- 20, an Order of the State Public Health Officer ordering all individuals living in California to stay home or at their place of residence except as needed to maintain continuity of operations of outlined federal critical infrastructure sectors.
C. Evidence in late April and early May demonstrated that state and local orders slowed the increase of community transfer of the disease by limiting interactions amongst people. As a result, on May 7, 2020, Governor Newsom, announced a four-staged framework, titled “Resilience Roadmap” that was intended to guide the state’s gradual modification of its Safer at Home Order to reopen California. The state also issued industry specific guidance to help specified businesses reopen under new restrictions, which require businesses to, among other things, implement social distancing measures.
D. In line with the State’s health guidance, the Los Angeles County Public Health Officer issued a revised order on May 13, 2020 entitled “Continuation of Safer at Home Order that begins to move the County of Los Angeles into Stage 2 of the County’s Roadmap to Recovery,” that authorized some limited retail and outdoor recreation venues to reopen subject to among other things, social distancing measures to prevent the further spread of COVID-19. Since that time, the order was periodically updated to continue to allow the gradual reopening of additional sectors including bars, hair salons, personal care services, gyms and fitness facilities subject to social distancing measures.
E. The May 29th order for example, permitted restaurants and food facilities to remain open and offer limited dine-in seating. The order also encouraged restaurants to expand outdoor seating where possible in compliance with local zoning codes to comply with social distancing requirements.
F. To assist in the economic recovery of local businesses and restaurants, on May 26, 2020, the City Manager issued Executive Order No. 2020-05 to establish a “Temporary Permit Program” to allow restaurants and food establishments during the time of limited indoor seating capacity and social distancing requirements to set up temporary outdoor dining areas on public and private properties. Following the adoption of this Order, the State and County experienced a sharp increase in confirmed COVID-19 cases and hospitalizations, and the DocuSign Envelope ID: 1249524D-6236-43F5-B43F-C37ACC7EFAC7 1171
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timing of these increases is in line with the reopening of “high risk” businesses where individuals may congregate with members who are not part of the same household and remove their face coverings to eat and drink. As a result, the County Health Officer issued a revised order on July 1, 2020 to backtrack on the County’s gradual reopening to prohibit indoor dining and order the immediate closure of bars, wineries and winery tasting rooms.
G. On July 13, 2020, the State Public Health Officer issued a state-wide order to require the immediate closure of: (1) indoor and outdoor operations of bars, pubs, brewpubs and breweries; and (2) indoor operation of restaurant dining, movie theaters, zoos, museums, cardrooms, wineries and tasting rooms. The order also imposed more stringent requirements on specified counties, including Los Angeles County that have appeared on the State’s monitoring list for three consecutive days to order the immediate closure of indoor operations of the following sectors: gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care establishments, hair salons, barbershops, and malls.
H. Effective August 31, 2020, Governor Newsom’s “Blueprint for a Safer Economy” replaced the County Data Monitoring List that had been used to regulate permitted activities at the county level. Under the new framework, every county is assigned to a tier based on its COVID-19 adjusted case rate and test positivity from the last two weeks. Counties can progress through four tiers, ranging from “widespread” (Purple Tier 1) to “minimal” (Yellow Tier 4) community disease transmission. As of April 22, 2021, the County is in Tier3—Orange.
I. Recent County public health data demonstrates that the rate of COVID-19 community transmission, hospitalizations and testing positivity rates have substantially declined.
Additionally, there now exists several COVID-19 vaccines proven to help combat the disease and that are being made available to the public in phases. As a result, state and local health orders have loosened COVID-19 related restrictions to allow a growing number of establishments to resume operations.
J. For example, on January 25, 2021, the California Department of Public Health ended the Regional Stay at Home Order, lifting the order for all regions statewide, including Southern California, which Hermosa Beach was a part of. This action allowed all counties to return to the Blueprint for a Safer Economy framework which uses color-coded tiers to indicate which activities and businesses can open based on local case rates and test positivity. Under this order, specified businesses are permitted to remain open to the public and conduct normal business operations provided that it abide by the County’s Social (Physical) Distancing Protocol and County Health Department Protocol applicable for its business sector, as these protocols may be amended from time to time. Other businesses are permitted to open at limited capacity or with operating restrictions.
K. On March 12, 2021, the County Department of Health issued a revised County Health Officer Order in light of increasing numbers of vaccinated individuals and the County’s move into the Red Tier, effective March 15, 2021.
L. On April 2, 2021, the County entered the even less restrictive Orange Tier of the State’s Blueprint for a Safer Economy framework. Under the County Public Health Officer’s revised order issued on this date, capacity limits for specified establishments, including but DocuSign Envelope ID: 1249524D-6236-43F5-B43F-C37ACC7EFAC7 1172
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not limited to restaurants, breweries and wineries, fitness facilities, cardrooms and places of worship were increased subject to the County’s Social (Physical) Distancing Protocol and the County Health Department Protocol applicable for its business sector.
M. On April 17, 2021, the County Public Health Officer updated Appendix I “Protocol for Restaurants” (“Revised Appendix”) of its “Reopening Safer at Work and in the Community for Control of COVID-19” order, to allow restaurants to host live outdoor entertainment subject to the County’s Public Health Officer Order, Physical Distancing Protocol, and Appendix I, as this order and protocols may be updated from time to time. While the Revised Appendix allows for live outdoor entertainment, it cautions that community spread remains moderate and continues to require all persons and businesses to take precautions such as mask wearing and social distancing measures to reduce the risk of spread of the disease.
N. In light of the Revised Appendix and to assist in the financial recovery of local businesses and musicians that have been forced to quickly adapt their operations in response to the evolving nature of the State and local public health orders, the City desires to temporarily suspend specified noise provisions in the City’s Municipal Code to allow businesses to host live outdoor performances and play music subject to the County Public Health Officer’s Order, Physical Distancing Protocol, and Appendix I, as this order and protocols may be updated from time to time.
O. The temporary suspension of specified noise provisions in the City’s Municipal Code is temporary in nature and only intended to promote stability and safe and healthy operations within businesses in the City during the COVID-19 pandemic outbreak, and to prevent avoidable business closures thereby serving the public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the City, while also preventing further spread of the virus.
P. This Urgency Ordinance is adopted pursuant to the City’s police powers and powers afforded to the City in time of national, state, county and local emergency during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law, and the Chapter 2.56 of the Hermosa Beach Municipal Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency.
SECTION 2. Temporarily Allowing Limited Music at Commercial Establishments During the Covid-19 Crisis
A. The following provisions of the Hermosa Beach Municipal Code are temporarily suspended as they apply to music played both indoors and outdoors at commercial establishments on the establishment’s own property or permitted encroachment areas:
Sections 8.24.040 (A), (J), 8.24.045 and 8.24.060.
B. Music shall only be permitted during the hours of 9:00 AM through 9:00 PM and shall be limited to a noise level that is needed solely for the establishment’s customers.
C. The City Manager, or designee, is authorized to waive any applicable Conditional Use Permit restrictions inconsistent with this ordinance and is authorized to promulgate any regulations or waive enforcement of any applicable authority to implement this ordinance.
D. This ordinance and any action by the City Manager or designee pursuant to this ordinance shall be in effect until the earlier of: (i) termination of the City’s COVID-19 local emergency or (ii) until terminated or superseded by action of the City Council DocuSign Envelope ID: 1249524D-6236-43F5-B43F-C37ACC7EFAC7 1173
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E. Any activity permitted under this ordinance is temporary and does not create a vested right.
SECTION 3. 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 ordinance will be for existing businesses, operating at less intensive capacity than before the crisis, to be allowed to have limited live music outdoors. No new development will result from the proposed action and the activity is temporary. No impact to the physical environment will result as any live music will be subject to the City’s noise ordinance, subject to hours restrictions and coordination so that certain areas are not inundated with multiple live music performers resulting in cumulative impacts. 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, in furtherance of its police power, 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 4. Urgency Declaration; Effective Date. The City Council finds and declares that the adoption and implementation of this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety as detailed above and as the City and public would potentially suffer further loss of revenue during the City’s severe economic downturn caused by the COVID-19 crisis. Effective August 31, 2020, Governor Newsom’s “Blueprint for a Safer Economy” replaced the County Data Monitoring List that had been used to regulate permitted activities at the county level. Under the new framework, every county is assigned to a tier based on its COVID-19 adjusted case rate and test positivity from the last two weeks. Counties can progress through four tiers, ranging from “widespread” (Purple Tier 1) to “minimal” (Yellow Tier 4) community disease transmission. As of April 22, 2021, Los Angeles County is assigned to Tier 3—Orange. Under Tier 3, the Los Angeles County Health Officer has permitted restaurants to host live entertainment in outdoor operations only, subject to the modifications set forth in the County’s Social (Physical) Distancing Protocol and County Health Department Protocol, “Appendix I” applicable to its business sector, as these protocols may be amended from time to time. While State and county health orders continue to evolve, the ability to offer new services such as live entertainment that may lead to increased revenue is critical to business operations. The Council therefore finds and determines that the immediate preservation of the public peace, health and safety, and protection of life and property, require that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take effect immediately upon adoption by four-fifths of the City Council.
SECTION 5. Certification. 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.
DocuSign Envelope ID: 1249524D-6236-43F5-B43F-C37ACC7EFAC7 1174
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PASSED, APPROVED and ADOPTED this 27th day of April, 2021 by the following vote:
AYES: Armato, Campbell, Mayor Pro Tem Detoy, and Mayor Massey NOES: None
ABSENT: None
ABSTAIN: None
_________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________ Eduardo Sarmiento, Michael Jenkins,
City Clerk City Attorney
DocuSign Envelope ID: 1249524D-6236-43F5-B43F-C37ACC7EFAC7 1175
REVISED City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-28-23 17:00
Agenda Name Comments Support Oppose Neutral
d) REPORT 23-0198 PROVIDE DIRECTION TO CITY STAFF
REGARDING A DRAFT ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE
ESTABLISHING A PERMANENT OUTDOOR DINING AND RETAIL
PROGRAM
(Environmental Program Manager Doug Krauss)
2 2 0 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for d) REPORT 23-0198 PROVIDE DIRECTION TO CITY STAFF REGARDING A DRAFT ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE ESTABLISHING A
PERMANENT OUTDOOR DINING AND RETAIL PROGRAM
(Environmental Program Manager Doug Krauss)
Overall Sentiment
Claudia Berman
Location: Hermosa Beach
Submitted At: 11:53am 03-28-23
Some comments recommendations that I support:
1. The additional encroachment for Plaza extended dining decks with should be on par with businesses off the plaza. This is the fair thing to do.
2. As the needs of the community change over time, I think it’s important to have the renewal component, so the city may easily adapt to meet those needs. This is especially for Loretto Plaza. I would prefer that space to be used for community placemaking (e.g. public piano, conversational seating area) as it’s the only public outdoor place downtown protected from the elements. Placemaking was specially mentioned in Econ. Dev. strategy. 1176
3. Umbrella advertising takes away from the beauty of the outdoor space, especially in the prime real estate areas. Agree to prohibit that.
For outdoor music (whether live or recorded), I would love to see a limit on decibels. The ideal level for outdoor music for parties is between 70-80 dB. Loud enough to be entertaining but not so loud people can’t talk. This level also reduces the possibility for one business’s music to conflict with another business’s music; which is really irritating for customers caught in the middle of two difference performances. Nashville limits outside entertainment decibels to 85 measured at 50 feet from the property, but I was thinking a lower decibel of 80 would be better for Hermosa, since the businesses are so small, so close together, and so close to residential properties. There are decibel reader apps availble on phones, so this should be easily for a business to implement.
Raymond Dussault
Location: 90254, HERMOSA BEACH
Submitted At: 10:55am 03-28-23
Dear Staff and City Council Members,
I am writing to express my strong support for the continuation of the extended outdoor dining encroachments in Hermosa Beach. As a community member and business owner, I have seen firsthand the many benefits that these encroachments bring to our city.
Numerous studies have shown that outdoor dining areas increase foot traffic and enhance the social atmosphere of the community, making it more inviting and enjoyable for both locals and tourists. Additionally, according to a survey conducted by the National Restaurant Association, outdoor dining is a significant factor in consumer decision-making when choosing where to dine, with 58% of adults saying they are more likely to visit a restaurant with outdoor seating.
Moreover, outdoor dining benefits not only restaurants but retail establishments as well. A study conducted by the City of San Francisco found that retail sales increased by an average of 20% in areas where outdoor dining was expanded. As Mike Zislis from Brews Hall noted at the recent meeting with city staff, the retail community in Manhattan Beach was concerned about lost parking when outdoor dining was first introduced, but since the parklets have been closed, they have seen a significant decline in foot traffic.
However, some have raised concerns about the impact of these encroachments on passive public spaces. While this is an important consideration, it's worth noting that the 2015 Roma study commissioned by the City of Hermosa Beach found that we had too much passive public space on Pier Plaza and should make it more engaging.
Furthermore, the recent uncharacteristic and inclement weather has created the worst three months of business for restaurants and retail. If the city thinks they see higher business numbers, it's driven by the need to raise prices to adjust for higher labor, rents, and product costs. There is currently an unprecedented eight establishments for sale in Hermosa Beach and this is a challenging time for local businesses. It’s essential that we do everything we can to support them.
As such, I urge the city council to support the continuation of the extended outdoor dining encroachments in a way that is flexible, affordable, and supportive of local businesses. I believe this is an opportunity for Hermosa Beach to be a visionary leader, setting an example for other communities to follow.
Thank you for your time and consideration.
Sincerely,
Ray
1177
OUTDOOR DINING
DRAFT ORDINANCE
CONSIDERATION
March 28, 2023
1178
TEMPORARY OUTDOOR DINING
• During COVID-19 pandemic, City and
businesses moved quickly to
implement outdoor dining and other
associated programs
• This included on-street dining decks,
downtown lane reconfigurations,
private property dining, and additional
encroachment areas on Pier Plaza
1179
TEMPORARY OUTDOOR DINING
• In December 2021, City Council
directed staff to come back with a
permanent program
• Fees of $1.50 per square foot were
implemented March 1, 2022
• Temporary orders have extended
program multiple times with a final
deadline of May 1 given by Council
1180
TEMPORARY OUTDOOR DINING
• Staff has been working to develop the
permanent program elements
• Feedback from community has come
from the many Council meetings,
individual meetings with businesses,
stakeholder groups, Economic
Development Committee, surveys,
and information session meeting
1181
PERMANENT OUTDOOR DINING
• Pertains only to Public Right-of-way use
– not private property
• Staff is working on multiple fronts to
develop program
• Environmental Analysis
• Program Guidelines
• Fee structure
• Ordinance (Code changes)
1182
CODE CHANGES
• Changes both minor and
significant may be made to the
Municipal Code to allow for the
permanent outdoor dining
program
• Staff seeks Council’s direction to
help refine the ordinance for April
1183
CODE CHANGES
• Proposed that all encroachments must
reapply and must be clear of code
violations or delinquent fees
• Some other key elements for Council
consideration:
• Live Music
• Alcohol Service
• Lane Reconfigurations
• Temporary encroachments
1184
LIVE MUSIC
• Urgency ordinance allowed live
entertainment indoors and
outdoors during pandemic
• Continued indoor music could
come separately to Council
• Continuing outdoor music could be
considered here and brought back
1185
ALCOHOL SERVICE
• Currently temporary
encroachments are allowed to
serve alcohol with food, with ABC
approval. This continues per AB61
through early 2024
• Council may continue this with
verification of ABC approvals
1186
LANE RECONFIGURATIONS
• Separate from, but linked to, on-street
dining
• Allows comfortable buffer zone for decks
and safe separation from vehicles
• Removal would shrink deck space
• Traffic Impacts have been minimal
• Could be brought back as Resolution
1187
TEMPORARY ENCROACHMENTS
• On-street, Pier Plaza, off-Plaza
• On-street are proposed to have
maximum sizes similar to current
program
• Council may maintain as is, eliminate,
or revise encroachments
• Proposed that outdoor retail only
allowed on Plaza
1188
TEMPORARY ENCROACHMENTS
• It is proposed to unite permanent and
temporary encroachments, should
Council choose, to improve admin.
and enforcement
• Revisions could include maximum size
or restriction to frontage only
• Revisions could also be linked to hours
of operation
1189
TEMPORARY ENCROACHMENTS
• Both Pier Plaza and on-street areas
average about 500 square feet
• Pier Plaza temporary encroachments
range from 120 sq ft to 1095 sq ft
• 4 Plaza temp. encroachments are over
500 sq ft. One off-Plaza is over 500 sq ft
• Three Plaza encroachments encroach
outside of business frontage
1190
TEMPORARY ENCROACHMENTS
• Both Pier Plaza and on-street areas
average about 500 square feet
• Pier Plaza temporary encroachments
range from 120 sq ft to 1095 sq ft
• 4 Plaza temp. encroachments are over
500 sq ft. One off-Plaza is over 500 sq ft
• Three Plaza encroachments are
outside of business frontage
1191
1192
TEMPORARY ENCROACHMENTS
• A 500 square foot maximum would address
frontage issues as well
• Loreto Plaza
• Council could consider different close times
for encroachment area use
• Applied consistently to all businesses and both
permanent and new encroachment areas
• Could consider late-night businesses revising
hours of operation to improve consistency
1193
OTHER CONCERNS
• Temporary extension may be
necessary past May 1
• City will need permit from Coastal
Commission
• Ongoing monitoring and
adjustments are anticipated
1194
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0160
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023
APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
Recommended Action:
Staff recommends City Council:
1. Appoint a City Council representative to serve on the Clean Power Alliance Board; and
2. Direct the City Manager to select alternate representatives.
Executive Summary:
In September 2022, City Council approved a joint powers agreement to join the Clean Power Alliance (CPA) to provide improved renewable energy options to the City and its energy users. Through its membership, the City is granted a seat on the CPA board and must appoint an elected official to fill the position, with alternate representatives to help fulfill the obligation as needed. At the March 14, 2023 meeting, Council was unable to select a representative and requested this item be brought back again for consideration.
Background:
The City has a long history of addressing greenhouse gas (GHG) emissions, both to achieve sustainability and to lower City operational costs. PLAN Hermosa identifies the goal of reducing emissions from both municipal and communitywide operations and suggests community choice aggregation as a key strategy to help achieve these goals.
At its September 27, 2022 meeting, City Council approved a joint powers agreement to join the Clean Power Alliance of Southern California (CPA) and selected a default renewable energy level of 100 percent (Green Power). At its October 11, 2022 meeting, former Mayor Pro Tem Jackson requested, and former Mayor Detoy supported, staff return to its next regular meeting with an item to revisit and reconsider the default energy level. At the October 25, 2022 meeting, Council reaffirmed its previous 100 percent renewable energy default level.
The program is expected to roll out to customers in March 2024 and staff is working with the CPA to City of Hermosa Beach Page 1 of 4 Printed on 3/23/2023
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REPORT 23-0160
develop an outreach and engagement program ahead of the program’s implementation.
Past Council Actions
Meeting Date Description
November 18, 2014 Hosted Study Session and approved Feasibility Study to Explore formation of a CCA
February 24, 2015 Accepted Carbon Neutral Municipal Plan August 22, 2017 Adopted PLAN Hermosa
November 6, 2021 Hosted Council Retreat to discuss emissions reductions strategies and directed staff to return to Council with CCA options and recommendations
January 25, 2022 Approved funding a feasibility study with CPA and transitioned City facilities to SCE’s 100 Green Rates
September 27, 2022 Introduced on first reading an ordinance approving Joint Powers Agreement with Clean Power Alliance and chose a
default enrollment power level of 100 percent renewable energy (Green Power).
October 11, 2022 Waived full second reading and adopted by title an Ordinance approving the Joint Powers Agreement to join Clean Power Alliance
October 25, 2022 Discussed the default renewable energy level and reaffirmed it at 100 percent.
March 14, 2023 City Council vote to appoint a representative failed. A request was made to bring the item back for additional consideration.
Discussion:
CPA member agencies are provided one seat on the Board of Directors. This “primary” representative, known as a “regular” director by CPA, must be an elected official. Up to two alternates may also be selected to fulfill the duties of the position and can be elected officials, staff members, or members of the public. Appointments do not carry a term and are ongoing until or unless a new appointment is made by the member agency.
The board position requires attendance at monthly meetings that are held from 2:00 p.m. to 4:00 pm the first Thursday of every month. The agenda packets typically range from 200 to 400 pages and CPA staff is available to read through and brief the appointed board member prior to each meeting.
The appointed board member may also elect to participate in various Clean Power Alliance ad hoc committees or join one of the following standing committees: Executive; Finance; Legislative and Regulatory; or Energy Planning and Resources. Each of the ad hoc and standing committees meet City of Hermosa Beach Page 2 of 4 Printed on 3/23/2023
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Regulatory; or Energy Planning and Resources. Each of the ad hoc and standing committees meet once per month.
Clean Power Alliance Board meetings are held in downtown Los Angeles at CPA’s meeting space with remote attendance locations offered around Los Angeles County. The closest remote attendance location is located at the South Bay Cities Council of Governments’ office in Torrance.
At its March 14, 2023 meeting, Council was unable to select a representative and requested this item be brought back again for consideration.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Sustainability and Conservation Element
Goal 1. Hermosa Beach is a low-carbon municipal organization, reducing greenhouse gases at a rate that meets or exceeds 80% below 2005 levels by 2030.
Policy:
· Low-carbon municipality. Demonstrate environmental leadership and reduce greenhouse gas emissions from municipal facilities and operations by at least 80% below 2005 levels by 2030.
Goal 2. Hermosa Beach is a low-carbon community meeting State greenhouse gas reduction goals by 2040
Policy:
· 2.1 State targets and goals. Reduce greenhouse gas emissions at a rate that meets longterm State targets and goals to reduce emissions by at least 66% below 2005 levels by 2040.
Fiscal Impact:
There is no fiscal impact associated with the recommended actions.
Attachments:
1. Link to November 18, 2014 Study Session
2. Link to February 24, 2015 City Council Staff Report
3. Link to August 22, 2017 City Council Staff Report
4. Link to November 6, 2021 Study Session
5. Link to January 25, 2022 City Council Staff Report
6. Link to September 28, 2022 City Council Staff Report
7. Link to October 11, 2022 City Council Staff Report
City of Hermosa Beach Page 3 of 4 Printed on 3/23/2023
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REPORT 23-0160
8. Link to October 25, 2022 City Council Staff Report
Respectfully Submitted by: Doug Krauss, Environmental Programs Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Pat Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-14-23 17:00
Agenda Name Comments Support Oppose Neutral
d) REPORT 23-0132 APPOINTMENT OF A CITY COUNCIL
REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
1 0 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for d) REPORT 23-0132 APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
Overall Sentiment
Tracy H
Location:
Submitted At: 7:42pm 03-10-23
I would encourage that no council member joins the board.
I would encourage residents to educate, organize and campaign for constituents to OPT OUT of this, what I believe to be a risky, deceptive and costly "green" energy program.
Please research the traumatic news about the problems OCPA is causing Orange County residents and businesses.
Please consider cancelling the adoption of the CCA/CPA. 1199
#OPTOUT
#DEFUND
#WITHDRAW
1200
From: Matt McCool for Hermosa
To: Myra Maravilla
Cc: City Clerk
Subject: Agenda Item XIV. MUNICIPAL MATTERS d)
Date: Tuesday, March 14, 2023 11:07:00 AM
[Some people who received this message don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] City Clerk Maravilla:
Hope all is well.
For my public comment tonight during Agenda Item XIV. MUNICIPAL MATTERS d) Appointment Of A City Council Representative To Serve On The Clean Power Alliance Board, I wish to include this video with my comments.
I include three options for the City:
https://www.facebook.com/813228377/videos/943339400017445/ https://www.dropbox.com/s/sfmhcrhppnvgfco/20160726%20-%20CCA%20Rage.mp4 https://www.youtube.com/watch?v=x8wsuqilCXc
Thank you in advance.
Matt McCool
1201
REVISED City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-28-23 17:00
Agenda Name Comments Support Oppose Neutral
e) REPORT 23-0160 APPOINTMENT OF A CITY COUNCIL
REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
5 0 5 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for e) REPORT 23-0160 APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
Overall Sentiment
HowardL AdditionalAside
Location:
Submitted At: 3:49am 03-28-23
Councilmembers:
As an additional aside, if this is a BACK-DOOR de facto tax increase scam by the Council and City of Hermosa Beach on the residents and businesses, to even further increase the 6% UUT (Utility Users Tax) revenue windfall the City is making from the already ever-increasing Electric and Gas rates that the City is reaping, then per Proposition-218 (which requires tax increases to be voted on by the people), the City Council either must reduce the UUT on the electric rates increase that this scam will undoubtedly result in -- or place the matter to a vote of the people, or simply remove the UUT from electric bills; i.e. the UUT (Utility Users Tax).
Howard L.
1202
Michael Miller
Location: 90254, Hermosa Beach
Submitted At: 10:29pm 03-27-23
I am strongly opposed to this program and find it unconscionable that it is “Opt Out” instead of “Opt In”. We should not send a representative and should end any association with this alliance. Let me know as soon as possible how to get out of this boondoggle.
Debbie Sanowski
Location:
Submitted At: 4:56pm 03-27-23
CCA’s insert a needless level of bureaucracy between customers and the electric company, and end up coating all of us more money for no improvements. The feel good mantra that we are getting more green energy is false.
Cities that join are able to skim extra dollars for their budget, hence the real motivation. I am opposed to Hermosa’s participation and I too want to know asap how I can opt out when the City council inevitably goes forward with this costly scheme.
Howard L
Location:
Submitted At: 2:51pm 03-26-23
Council:
Like everything being railroaded through by Hermosa’s government, meeting after meeting, this item has been held to the very end of the meeting when it should be up front and center.
I’ve asked many individuals in city if they know anything about this CCA/CPA electric-power stuff to be imposed on them soon. To a letter, they know nothing, or have even heard anything about it.
When they do find out, I suspect they are going to be upset as to why they are then just finding out about the issue. After all something this major should have at least had a vote by the people if the council thought it was so popular, as the prior council did with raising the sales tax from 9.5% to 10.25% in city.
With all of the fluff, and useless propaganda the city sends out, rather than well-accomplished Public Notices for the stuff you are enacting into law, it’s interesting that this entire matter seems to be not be explained clearly day by day, week by week to the people and businesses of this city.
You know, this is how dictators operate. They fill people’s heads with meaningless, useless, feel-good fluff, but hide specifics that are going to significantly affect their lives and wallets.
I believe you should cancel the city’s involvement in this “program”, whatever that be, as clearly it is to be run by politicians and bureaucrats, i.e., those with a personal agenda in same; either personal-resume building, financial, or both.
There seems to be absolutely no real incentive for it to be well-managed as I see it.
Don’t we have enough politicians and bureaucrats involved in stuff that they should not, and really need-not be involved with. It would appear that the electric utilities can and are handling this issue without adding another level of inefficient “Ball of Confusion”.
It’s my understanding that Councilmembers Massey, Jackson, and Detoy, along with Stacey Armato and Mary Campbell of the prior city council voted to mandate that every resident and business is automatically to be opted into this “Community Choice Aggregation” / “Clean Power Alliance” (CCA/CPA) scheme and with no real indication of how this is actually going to work, or what it’s really going to cost, such that a lay electric utility rate payer can understand.
It is also my understanding that to opt-out of this scheme, each and every electric utility customer in Hermosa Beach will have to spend a lot of their individual time to search out and determine how to do that, fill out forms, climb through hoops, follow-up, and also follow stuff on a daily basis through the rest of 2023 and 2024, and 1203
further into the future, and more.
I plan to opt out as soon as possible and will encourage everyone to also opt out of this obvious boondoggle. I’ve seen enough of the way decisions are made by the Hermosa Beach City Council and City Manager in the last 5 years and have virtually no trust in the council and especially the City Manager now.
I’d like to opt out right now. Council, could you kindly explain precisely how I can opt out right now and not have this as just another thing to be worrying about and having to keep an eye on, as well as watching what you guys are trying to railroad through behind my back hour by hour.
I really don’t trust the majority of this Hermosa City Council one-iota, and especially your way-over-compensated contracted City Manager Suja Lowenthal, and for that matter, in my view, absolutely on one in city should.
Also, should this scheme end up costing the rate payers more, is it true that those having to pay the city’s 6% User Utility Tax (UUT) on their electric bills will also be thusly paying more 6% UUT? I.e., thusly this will be an additional windfall to increase taxes from UUT paid by resident and business electric customers.
This CCA / CPA railroad job from day one has been a clear-cut example of how bad this Hermosa Beach government has become.
Howard L.
Tracy H
Location:
Submitted At: 8:18am 03-26-23
California Admits Its Climate Plan Enriches Wealthy And Impoverishes The Poor "On page 125, the document begins this admission by pointing out that on aggregate, this plan will cause California households to lose $600 million in income through 2035." https://www.washingtonexaminer.com/opinion/editorials/california-admits-its-climate-plan-enriches-wealthy-andimpoverishes-poor?s=04 1204
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0201
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
Attachments:
1. Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 3/23/2023
powered by Legistar™1205
March 21, 2023
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council March 28, 2023
TENTATIVE FUTURE AGENDA ITEMS
NO MEETING APRIL 11, 2023
(DARK)
THURSDAY, APRIL 20, 2023
FISCAL YEAR 2023–2024 CAPITAL IMPROVEMENT PROGRAM STUDY SESSION APRIL 25, 2023 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
APRIL 25, 2023 @ 6:00 PM
PRESENTATIONS
PROCLAMATION DECLARING APRIL AS DONATE LIFE MONTH
PROCLAMATION DECLARING APRIL 30 – MAY 6 AS MUNICIPAL CLERKS WEEK
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
Revenue Report, Expenditure Report and CIP Report by Project for February 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for February 2023 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Adopt Resolution 23-XXXX for Utility Easement Dedication at 505 Gould Ave
Public Works Director Staff Request
Mar. 14, 2023
Action Minutes of the Civil Service Board Meeting of February 15, 2023 Human Resources Manager Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 7, 2023
Community Resources Manager Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of April 18, 2023
Community Development Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for February 2023
Emergency Management
Coordinator
Ongoing
Vacancies – Civil Service Board Upcoming Expiration of Terms City Clerk 4-Year Term Resolution of the City Council of the City of Hermosa Beach, California, Approving an Amendment to the Joint Powers Agreement with the Los Angeles Regional Agency
Environmental Programs Manager Staff Request
Mar. 6, 2023
PUBLIC HEARINGS – 6:30 PM
Introduce Ordinance 23-XXXX amending various sections of Chapter 12.16 of the Hermosa Beach Municipal Code establishing a permanent outdoor dining program and downtown lane reconfigurations, and consider environmental analysis and proposed guidelines for the program Environmental Programs Manager Staff Request
Mar. 14, 2023
MUNICIPAL MATTERS
Award of contract to X for updating the City’s Local Hazard Mitigation Plan Emergency Management Coordinator
Staff Request
Mar. 14, 2023
Award of contract to X for designing a resident and business mitigation education program
Emergency Management
Coordinator
Staff Request
Mar. 14, 2023
Award Construction Contract for Capital Improvement Program (CIP) Project 195 City Sidewalk Improvements
Public Works Director Staff Request
Mar. 14, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing 1206
2 MAY 9, 2023 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MAY 9, 2023 @ 6:00 PM
PRESENTATIONS
TENTATIVE – RECOGNIZING LEADERSHIP HERMOSA BEACH EMERGING LEADERS RECOGNIZING NATIONAL POLICE WEEK MAY 14–20, 2023
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
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 17, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of March 15, 2023 Human Resources Manager Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for March 2023
Emergency Management
Coordinator
Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
1207
3 MAY 23, 2023 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MAY 23, 2023 @ 6:00 PM
PRESENTATIONS
RECOGNIZING NATIONAL PUBLIC WORKS WEEK MAY 21–27, 2023
PROCLAMATION DECLARING JUNE 2023 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
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for March 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for March 2023 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 15, 2023
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of May 16, 2023
Community Development Director Ongoing
Approval of Special Event Long-term Agreements Community Resources Manager Staff Request Dec. 19, 2022
South Bay Workforce Investment Board Quarterly Summary (3rd Quarter for FY 2022–23)
City Manager/Chris Cagle Quarterly
MUNICIPAL MATTERS
Vacancies – Parks, Recreation and Community Resources Advisory Commission Term Expiration – Schedule Applicant Interviews City Clerk 4-Year Term
Vacancies – Planning Commission Term Expiration – Schedule Applicant Interviews
City Clerk 4-Year Term
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
WEDNESDAY, MAY 31, 2023
FISCAL YEAR 2023–2024 BUDGET STUDY SESSION
1208
4 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
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
2023 (date to be determined)
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
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
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
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
1209
5 Administrative Memorandum
(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
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
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022
Emergency
Management
Coordinator
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
1210