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, April 25, 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
Councilmember Saemann was not present in the Chamber at the time the roll was called. City Attorney Patrick Donegan confirmed Councilmember Saemann was present for the entirety of the Closed Session.
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
Public Comment was not provided for the Closed Session.
RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. a) 23-0234 MINUTES: Approval of minutes of Closed Session held on March 28, 2023.
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b) 23-0235 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: Granite Re, Inc. DBA Granite Surety Insurance Company v. City of Hermosa Beach (Case No. 2:23-cv-1548)
6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:01 p.m.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mike Ludwig.
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 thanked the Community Resources Team for their work on the Surfer's Walk of Fame weekend and induction ceremony; announced the Dolphin Dash event on April 29 from 9:00 a.m. to 10:30 a.m.; and the Mayor's Conversations and Cleanup Event on April 30 in partnership with the South Bay Botanical Garden for a beach cleanup.
VI. APPROVAL OF AGENDA
A motion was made by Councilmember Detoy, seconded by Councilmember Francois to approve the order of the agenda. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
VII. PROCLAMATIONS / PRESENTATIONS
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a) 23-0236 RECOGNIZING MIKE LUDWIG FOR HIS SERVICE
ON THE BOARD OF APPEALS
Mayor Jackson presented Mike Ludwig with a City plaque for his years of service on the Board of Appeals and other community volunteer positions. b) 23-0238 PROCLAMATION DECLARING APRIL 30 - MAY 6
AS MUNICIPAL CLERKS WEEK
Mayor Jackson proclaimed April 30 to May 6 as Municipal Clerks Week.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report. a) 23-0239 POLICE CHIEF UPDATE
Police Chief Paul LeBaron provided a Police Chief Update.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
Public Comments provided In-Person:
Trent Larson
Patsy Brierby
Adam Goldberg
Mike
Jessica Accamando
Lynne Pope
Robbie Thain
Ray Dussault
Janelle
Mike Stewart
Public Comment provided Virtually:
Tony Higgins
Matt McCool
Mayor Jackson and Councilmember Francois requested more information about the 5G Cell Tower noticing.
City Attorney Donegan and City Manager Lowenthal briefly responded to concerns regarding the 5G Cell Tower noticing.
Mayor Pro Tem Massey made comments about public comment and the City of Hermosa Beach Page 3 Printed on 5/10/2023
City Council Meeting Minutes - Final April 25, 2023
5G Cell Tower.
a) 23-0240 WRITTEN COMMUNICATION
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy 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
a) 23-0241 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
No comment was provided for this item.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
City Manager Lowenthal requested Consent Calendar item "g" be tabled to a future meeting.
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to move item "g" to a future meeting and the remainder of the Consent Calendar. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
a) REPORT
23-0230
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar. b) REPORT
23-0216
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. c) REPORT
23-0233
MEMORANDUM REGARDING
REVENUE REPORT, EXPENDITURE REPORT,
AND CIP REPORT BY PROJECT
FOR MARCH 2023
(Finance Director Viki Copeland)
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A motion was made to approve recommendation on the Consent Calendar. d) REPORT
23-0224
MEMORANDUM REGARDING CITY TREASURER’S REPORT
AND CASH BALANCE REPORT FOR MARCH 2023
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. e) REPORT
23-0223
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. f) REPORT
23-0248
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF APRIL 13, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar. g) REPORT
23-0208
ADOPT RESOLUTION 23-XX EASEMENT DEDICATION
505 GOULD AVENUE
(Director of Public Works Joe SanClemente)
This item was tabled to a future City Council meeting.
h) REPORT
23-0232
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF MARCH 7, 2023
(Community Resources Manager Lisa Nichols)
A motion was made to approve recommendation on the Consent Calendar. i) REPORT
23-0205
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR FEBRUARY 2023
(Emergency Management Coordinator Israel Estrada)
A motion was made to approve recommendation on the Consent Calendar. j) REPORT
23-0212
RECEIVE AND FILE LEGISLATIVE POSITION LETTER
SUPPORTING
SENATE BILL 381 (MIN) ELECTRIC BICYCLES: STUDY AND
LETTER
OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1 RESTRICTING VOTER’S INPUT AND LOCAL TAXING AUTHORITY
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(Deputy City Manager Angela Crespi)
A motion was made to approve recommendation on the Consent Calendar. k) REPORT
23-0213
RESOLUTION APPROVING CHANGES TO THE 2022-2025
MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HERMOSA
BEACH
AND THE GENERAL AND SUPERVISORY EMPLOYEES’
BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar. l) REPORT
23-0211
RECOMMENDATION TO REJECT CLAIMS
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar. m) REPORT
23-0222
REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO
MIRA COSTA HIGH SCHOOL GRAD NITE 2023
(City Manager Suja Lowenthal)
A motion was made to approve recommendation on the Consent Calendar.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION No items were removed from the Consent Calendar for separate discussion.
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
a) REPORT
23-0244
REQUEST FOR HISTORIC RESOURCES PRESERVATION
(HRR22-01) FOR DESIGNATION OF A LANDMARK FOR THE
PROPERTY LOCATED AT 2204 MONTEREY BOULEVARD IN THE
CITY OF HERMOSA BEACH, CALIFORNIA
(Community Development Director Carrie Tai)
City Clerk Maravilla read the Public Hearing item into the record.
Mayor Jackson opened the Public Hearing item.
Community Development Director Carrie Tai introduced Senior Planner James Atkins.
Senior Planner Atkins presented the staff report.
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Councilmember Francois provided comments regarding the Mill's Act.
Community Development Director Tai responded to Councilmember Francois' comments.
The applicant's representative, Geoff Yareman, provided comments regarding the property.
Applicant Marsha A. Majka provided additional comments regarding the property.
Public Comment provided In-Person:
An unidentified person spoke
Mayor Jackson closed public comment.
Councilmember Detoy provided comments.
Mayor Jackson closed the Public Hearing.
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to adopt a resolution approving Historic Resources Preservation No. 22-01 to designate the property located at 2204 Monterey Boulevard as a City of Hermosa Beach Landmark and make the determination that the project is exempt from the California Environmental Quality Act (CEQA). The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
b) REPORT
23-0247
ADOPT ORDINANCE ESTABLISHING
PERMANENT OUTDOOR PERMIT PROGRAMS AND
DOWNTOWN LANE RECONFIGURATIONS AND
ACCOMPANYING RESOLUTIONS
(Environmental Programs Manager Doug Krauss)
Mayor Jackson opened the Public Hearing item.
City Manager Lowenthal provided opening remarks.
Environmental Programs Manager Douglas Krauss presented the staff report.
Councilmember Francois made various comments.
City Manager Lowenthal responded to comments.
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Chief LeBaron provided comments.
Environmental Programs Manager Krauss provided comments.
Councilmember Detoy made various comments.
City Manager Lowenthal responded to comments.
City Attorney Donegan responded to comments.
Mayor Jackson asked various questions.
City Attorney Donegan responded to comments.
Councilmember Saemann asked various questions.
City Attorney Donegan responded to comments.
In Person Public Comment:
Ray Dussault
Jessica Accamando
Jon David
Laura Pena
Jon Paul
Dana Ireland
Cody Lauterbach
Eyner Guerrero
Mikey Jerome
Kathy Knoll
Adam Malovani
Greg Newman
Nicolle Howarth
An unidentified person spoke
Fiona Fleming
Virtual Public Comment:
Matt McCool
An unidentified person spoke
Megg Sulzinger
Tony Higgins
City Council continued to deliberate on this item and provided the following items to staff:
(1) Directed staff to investigate the proposed tiered fee schedule. If City of Hermosa Beach Page 8 Printed on 5/10/2023
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approved, the new updated encroachment fees would begin on July 1, 2023.
Pier Plaza with Alcohol (encroachment open until 12:30 pm) Year 1 $4 per square foot
Year 2 $5 per square foot
Year 3 $6 per square foot
Pier Plaza with Alcohol (encroachment open until 11 pm) (Cost savings for businesses closing at 11 pm)
Year 1 $2 per square foot
Year 2 $3 per square foot
Year 3 $4 per square foot
Pier Plaza No Alcohol and Off Pier Plaza (open until 12:30 pm) Year 1 $1 per square foot
Year 2 $2 per square foot
Year 3 $2.50 per square foot
(2) City Council directed staff to review the following maximum sizes for encroachment. Changes would go into effect on October 1, 2023 if approved.
The following maximum sizes for encroachments were discussed:
1. Pier Plaza business - 1,000 square feet per parcel
2. All other businesses - 500 square feet for a maximum of 1,000 square feet
(3) City Council directed staff to review all outdoor dining decks close time of 12:30 a.m. Hours of operation for encroachments would also go into effect on October 1, 2023, if approved.
(4) City Council directed staff to examine eliminating all queuing at Pier Plaza to limit large crowds and enhance public safety. This would go into effect on October 1, 2023, if approved.
(5) City Council directed staff to bring back a discussion item to discuss operating rules for encroachments which would also go into effect on October 1, 2023, if approved. The following suggestions were made and will be discussed at a future meeting:
1. Televisions not to be allowed
2. Seating only (no service stations)
3. Food and beverage dining only
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4. Seasonal use allowed
5. No queuing (businesses to implement digital queuing technology if needed)
(6) City Council discussed bringing back a future discussion item for on-street deck operational standards and guidelines.
Mayor Jackson closed the Public Hearing item.
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to adopt a resolution approving lane reconfigurations and bike lanes in the downtown area. The motion 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 Detoy to extend the existing rules until they are superseded by the rules the City COuncil had directed staff to put into an Ordinance and Resolutions as necessary.
The motion was carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tem Massey to extend the meeting to 1:00 a.m. The motion was carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
XIV. MUNICIPAL MATTERS
City Clerk Maravilla conducted a roll call after break and announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois, Councilmember Saemann, and Councilmember Detoy
Present: 5 -
Absent: 0
a) REPORT
23-0217
ASSIGNMENT AGREEMENT BETWEEN THE CITY OF WEST
HOLLYWOOD AND THE CITY OF HERMOSA BEACH FOR THE
EXCHANGE OF PROPOSITION A LOCAL RETURN FUNDS
(Finance Director Viki Copeland)
Finance Director Viki Copeland provided a staff report
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Mayor Jackson provided comments.
Finance Director Copeland responded to Mayor Jackson's comments.
No public comment was provided.
A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Detoy to approve an Assignment Agreement for a Proposition A (Prop A) Local Return Fund Exchange with the City of West Hollywood for $700,000 in City of Hermosa Beach Proposition A Funds in exchange for $490,000 of unrestricted funds from the City of West Hollywood; and add estimated revenue of $490,000 in Prop A Exchange Funds in the General Fund and an appropriation of $700,000 for the fund exchange in the Prop A Fund to the 2022-23 Budget; and add an assigned fund balance of $490,000 in the General Fund in 2022-23 to reserve the Prop A Exchange Fund revenue for future use as recommended in the upcoming 2023-24 Budget; and authorize the City Manager to execute documents incident to the Agreement. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
b) REPORT
23-0225
AWARD OF PROFESSIONAL SERVICES AGREEMENT TO CREATE
A RESIDENT AND BUSINESS MITIGATION EDUCATION PROGRAM
TO SIREN CREATIVE LLC (DBA SIREN SF)
(Emergency Management Coordinator Israel Estrada)
Emergency Management Coordinator Israel Estrada provided a staff report.
There was no public comment for this item.
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to award a contract to SIREN Creative LLC (DBA SIREN SF) to create a resident and business mitigation education program at a not-to-exceed amount $180,000 for a term of one year ending April 25, 2024; and add estimated revenue of $187,500 in the Grant Fund and appropriate $187,500 in the Grant Fund for the federal share of the Hazard Mitigation Grant Program Grant and $62,500 in the General Fund from the Prospective Expenditures account to cover the non-federal match; and authorize the Mayor to execute and the City Clerk to attest to the proposed agreement subject to approval by the City Attorney. The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
c) REPORT
23-0209
AWARD OF CONSTRUCTION CONTRACT FOR CIP 195 CITY
SIDEWALK IMPROVEMENTS AND CIP 760 TREE WELL GRATES
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TO GENTRY GENERAL ENGINEERING, INC.
(Public Works Director Joe SanClemente)
Public Works Director Joe SanClemente presented a staff report.
There was no public comment for this item.
A motion was made by Councilmember Saemann, seconded by Councilmember Detoy to award a construction contract for sidewalk, curb ramps, ADA improvements, and tree well grates to Gentry General Engineering, Inc. in the amount of $194,031; and appropriate additional funds from the Capital Improvement Fund in the amount of $45,580 to CIP 195 City Sidewalk Improvements; and authorize the Director of Public Works to establish a project contingency amount of $40,000 and approve contract change orders up to the amount of the approved contract contingency; and adopt the attached resolution entitled "A Resolution of The City Council of the City of Hermosa Beach Approving the Construction of CIP 195 City Sidewalk Improvements & CIP 760 Tree Well Grates 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:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
d) REPORT
23-0218
CONSIDERATION OF REQUESTS FOR NAMING OF
PUBLIC FACILITIES AND PUBLIC SPACE IN HONOR OF
JEFF DUCLOS AND JULIAN KATZ
(Deputy City Manager Angela Crespi)
Deputy City Manager Angela Crespi provided a staff report.
Councilmember Detoy provided comments.
City Manager Lowenthal responded to Councilmember Detoy's comments.
City Attorney Donegan provided comments.
Councilmember Francois provided comments.
Virtual Public Comment:
Craig Cadwallader
The City Council continued to deliberate on this item.
Councilmember Saemann and Councilmember Francois volunteered to participate in both naming subcommittees.
A motion was made by Mayor Pro Tempore Massey, seconded by City of Hermosa Beach Page 12 Printed on 5/10/2023
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Councilmember Detoy to appoint a subcommittee of Councilmember Saemann and Councilmember Francois to consider two requests for the naming of specified public facilities and outdoor space as follows: 1) Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz; and 2) Renaming the Hermosa Beach Community Garden in honor of former Mayor and Councilmember Jeff Duclos. Councilmember Detoy offered a friendly amendment to include Parks and Recreation Commissioners for naming of the community garden. Mayor Pro Tem Massey directed the subcommittees to report at the next May 9, 2023 meeting to name a public space in honor of Julian Katz.The motion carried by the following vote:
Aye: 5 - Mayor Jackson, Massey, Francois, Saemann, and Detoy
Absent: 0
XV. FUTURE AGENDA ITEMS
a) 23-0249 TENTATIVE FUTURE AGENDA ITEMS
Councilmember Francois requested a procedure guide be created for designating a person's home as historical resource.
Mayor Jackson provided comments.
Community Development Director Tai responded to Council comments.
City Manager Lowenthal provided comments.
Councilmember Francois suggested the Historical Society could create a recommendation to designate a home as a historical resource.
Councilmember Francois received no support for his request.
Mayor Jackson provided comments regarding the Loretto Plaza encroachment space.
City Manager Lowenthal responded to Mayor Jackson's comments.
Councilmember Massey provided comments.
Mayor Jackson requested that staff draft an information item related to City of Redondo Beach's recent creation of a subcommittee for a Joint Use Park Amenities Study and consider to form a similar Joint Use Park Amenities subcommittee with City of Redondo Beach.
Mayor Pro Tem Massey and Councilmember Detoy supported Mayor Jackson's request.
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Councilmember Francois requested a future agenda item to review all possible traffic calming measures available to lower speed limits. He futher requested that this item expand on the Mayor's past request related to AB43.
Mayor Pro Tem Massey provided comments.
Councilmember Francois received no support for this item.
XVI. ADJOURNMENT
Mayor Jackson adjourned the meeting at 12:32 a.m. in memory of Wayne Spencer who served as Chairman of the Board of the South Bay Workforce Investment Board for more than 20 years.
Mayor Jackson provided a eulogy.
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