City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
City of Hermosa Beach
Meeting Minutes - Final
City Council
Mayor
Justin Massey
Mayor Pro Tem
Dean Francois
Councilmembers
Rob Saemann
Mike Detoy
Ray Jackson
Tuesday, November 28, 2023 5:00 PM
Closed Session - 5:00 PM
Open Session - 6:00 PM
5:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Massey called the Closed Session to order at 5:00 p.m.
ROLL CALL
City Clerk Myra Maravilla announced a quorum.
Mayor Massey, Mayor Pro Tempore Francois, Councilmember Saemann, Councilmember Detoy, and Councilmember Jackson
Present: 5 -
Absent: 0
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
No Public Comment for Closed Session was provided.
RECESS TO CLOSED SESSION
Mayor Massey recessed to Closed Session at 5:01 p.m.
a) 23-0721 MINUTES: Approval of minutes of Closed Session held on November 14, 2023.
b) 23-0722 CONFERENCE WITH LABOR NEGOTIATOR:
Government Code Section 54957.6
City Negotiator: Mayor Massey
Unrepresented
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employee: City Manager
c) 23-0727 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: EBS General Engineering v. City of Hermosa Beach LASC Case Number: 23TRCV02119
Date of Filing: 06/30/2023
6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Massey called the Open Session to order at 6:37 pm.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Ben Padnos.
III. ROLL CALL
City Clerk Maravilla announced a quorum.
Mayor Massey, Mayor Pro Tempore Francois, Councilmember Saemann, Councilmember Detoy, and Councilmember Jackson
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
Councilmember Saemann invited the public to visit the Kiwanis Club Hermosa Beach Christmas Tree Lot through December 22, 2023 and announced pictures with Santa Claus are free to visitors.
Mayor Massey invited the community to the following events: the 31st Annual Beach Cities Toy Drive on Saturday, December 2nd from 10:00 a.m. to 2:00 p.m. at the City Hall Parking Lot; the Sand Snowman Contest on Saturday, December 9th; and to the Jeff Duclos Community Garden Dedication on December 9th at South Park at 1:00 p.m.
VI. APPROVAL OF AGENDA
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to approve the agenda.
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Mayor Pro Tem Francois made a substitute motion to remove Consent Calendar item "i" for separate discussion. Mayor Massey seconded the motion. The substitute motion carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
VII. PROCLAMATIONS / PRESENTATIONS
a) 23-0715 PRESENTATION FROM ANTHONY PADNOS ON OPEN DIALOGUE Police Chief LeBaron introduced Anthony Padnos.
Anthony Padnos provided a presentation on open dialogue.
Mayor Massey provided comments.
Councilmember Saemann provided comments.
b) 23-0706 PRESENTATION FROM MARINE MAMMAL CARE CENTER
John Warner, CEO from Marine Mammal Care Center, provided a presentation.
Mayor Pro Tem Francois provided comments.
John Warner asked the public to call 1-800-39-WHALE if a marine mammal is found on the beach.
Mayor Massey provided comments.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report.
Mayor Pro Tem Francois asked various questions.
City Manager Lowenthal provided additional information.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
In Person Public Comment:
Sarah Harper
Jonathan Cruz
Nick Wilson
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Michael Sribney
Virtual Public Comment:
Matt McCool
a) 23-0728 WRITTEN COMMUNICATION
A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to receive and file the written communication. The motion carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
X. CITY COUNCILMEMBER COMMENTS
a) 23-0712 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Mayor Pro Tem Francois announced his attendance to the Sanitation District Board of Directors Meeting on November 15, 2023.
Councilmember Saemann provided comments.
Mayor Pro Tem Francois provided comments.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Francois to move Consent Calendar item "i" for separate discussion and approve the remainder of the Consent Calendar. The motion carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
a) 23-0716 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla)
A motion was made to approve the recommendation on the Consent Calendar. b) REPORT
23-0713
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve the recommendation on the Consent Calendar.
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c) REPORT
23-0702
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve the recommendation on the Consent Calendar. d) REPORT
23-0704
REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT
BY PROJECT
FOR SEPTEMBER AND OCTOBER 2023
(Finance Director Viki Copeland)
A motion was made to approve the recommendation on the Consent Calendar. e) REPORT
23-0701
CITY TREASURER’S REPORT AND CASH BALANCE REPORT
(City Treasurer Karen Nowicki)
A motion was made to approve the recommendation on the Consent Calendar. f) REPORT
23-0695
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF NOVEMBER 22, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve the recommendation on the Consent Calendar. g) REPORT
23-0699
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF SEPTEMBER 20, 2023 AND THE PUBLIC WORKS
COMMISSION SPECIAL MEETING OF OCTOBER 18, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve the recommendation on the Consent Calendar. h) REPORT
23-0705
ADOPTION OF AN ORDINANCE ADDING CHAPTER 12.09 TO THE
HERMOSA BEACH MUNICIPAL CODE TO ESTABLISH A CITYWIDE
PAVEMENT MORATORIUM AND TO MODIFY CHAPTER 1.10 OF
HBMC TO INCLUDE VIOLATION OF THE PAVEMENT MORATORIUM
AS A CODE VIOLATION SUBJECT TO ADMINISTRATIVE PENALTY
PROCEDURES AND DETERMINE THE ORDINANCE TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Public Works Director Joe SanClemente)
A motion was made to approve the recommendation on the Consent Calendar. j) REPORT
23-0718
PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
A motion was made to approve the recommendation on the Consent Calendar.
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k) REPORT
23-0717
ACTION MINUTES OF THE CIVIL SERVICE BOARD
SPECIAL MEETING OF AUGUST 30, 2023
(Human Resources Manager Vanessa Godinez)
A motion was made to approve the recommendation on the Consent Calendar. l) REPORT
23-0708
SOUTH BAY WORKFORCE INVESTMENT BOARD
QUARTERLY SUMMARY
A motion was made to approve the recommendation on the Consent Calendar. m) REPORT
23-0707
LIST OF REGULAR AND ONGOING CITY BOARD
AND COMMISSION APPOINTIVE TERMS THAT WILL
EXPIRE DURING THE 2024 CALENDAR YEAR
(City Clerk Myra Maravilla)
A motion was made to approve the recommendation on the Consent Calendar. n) REPORT
23-0666
REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO
THE BEACH CITIES HEALTH DISTRICT’S 25th ANNUAL
HOLIDAY GIFT BAG PROJECT
(Executive Assistant Ann Yang)
A motion was made to approve the recommendation on the Consent Calendar. o) REPORT
23-0720
ADOPTION OF RESOLUTION EXTENDING CITY’S DEADLINE TO
ESTABLISH AN ONLINE PERMITTING SYSTEM FOR
POST-ENTITLEMENT PERMIT TO JANUARY 2026 AND FINDING
THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
(City Attorney Patrick Donegan)
A motion was made to approve the recommendation on the Consent Calendar.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION i) REPORT
23-0714
ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF NOVEMBER 13, 2023
(Community Development Director Carrie Tai)
Community Development Director Carrie Tai provided a staff presentation.
City Attorney Donegan provided comments.
Mayor Massey provided comments.
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Councilmember Saemann and Mayor Pro Tem Francois expressed support to pull item 6.b from the November 13, 2232 Planning Comission minutes for City Council consideration at a future Public Hearing.
City Manager Lowenthal provided comments.
Virtual Public Comment:
Laura Pena
It was moved by Councilmember Saemann, seconded by Mayor Pro Tem Francois to bring Planning Commission item 6.b. before the City Council for a Public Hearing. The motion was carried by the following vote:
Aye: 3 - Francois, Saemann, and Jackson
No: 1 - Mayor Massey
Absent: 0
Abstain: 1 - Detoy
A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to receive and file the remainder of the action minutes of the Planning Commission regular meeting of November 13, 2023. The motion carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
a) REPORT
23-0657
RESOLUTION APPROVING THE ALLOCATION OF $147,148
OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
TO CONSTRUCT AMERICANS WITH DISABILITIES ACT (ADA)
COMPLIANT SIDEWALK PANELS AND CURB RAMPS
(Public Works Director Joe SanClemente)
Public Works Director Joe SanClemente provided a staff presentation.
Councilmember Detoy provided comments.
Councilmember Jackson provided comments.
Mayor Pro Tem Francois provided comments.
No Public Comment was provided.
A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to adopt a resolution approving the Fiscal Year 2023-24 Community Development Block Grant (CDBG) program allocating and authorizing the use of $147,148 of funds to construct Americans with Disabilities Act (ADA) compliant City of Hermosa Beach Page 7 Printed on 12/12/2023
City Council Meeting Minutes - Final November 28, 2023
sidewalk panels and curb ramps; and approve an appropriation of $13,831 from the CDBG funds to CIP 624-CDBG Improvements. The motion carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
XIV. MUNICIPAL MATTERS
a) REPORT
23-0700
PURCHASE OF VEHICLES FOR POLICE DEPARTMENT
(Public Works Director Joe SanClemente)
Director SanClemente provided a staff presentation.
Councilmember Saemann provided comments.
Police Chief LeBaron provided information.
Director SanClemente provided information.
Mayor Pro Tem Francois provided comments.
Mayor Massey provided comments.
Councilmember Jackson provided comments.
City Manager Lowenthal provided comments.
Councilmember Detoy provided comments.
Virtual Public Comment:
Matt McCool
Dency Nelson
The City Council continued to deliberate on this item.
A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to authorize the purchase of four patrol pursuit vehicles in an amount not to exceed $312,000 from National Auto Fleet Group, the State of California's General Services Department Statewide Contract for Fleet Vehicles, or sole source from a dealership as the vehicle becomes available; and authorize the outfitting of each of the vehicles, not to exceed $108,000 for all four vehicles, through National Auto Fleet Group; and approve an additional appropriation of $195,000 to the Equipment Replacement Fund's fund balance to the Police Department Equipment Replacement Fund to fund the purchase and outfitting of the vehicles.that this Action Item be adopted. The motion carried by the following vote:
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Absent: 0
b) REPORT
23-0709
CITY COUNCIL MEETING SCHEDULE FOR 2024
(Executive Assistant Ann Yang)
Executive Assistant Ann Yang provided a staff presentation.
Virtual Public Comment:
Matt McCool
Councilmember Detoy provided comments.
Mayor Pro Tem Francois provided comments.
Mayor Massey provided comments.
City Manager Lowenthal provided comments.
Executive Assistant Yang provided information.
City Attorney Donegan provided comments.
City Clerk Maravilla provided comments.
Councilmember Jackson provided comments.
A motion was made by Mayor Massey, seconded by Councilmember Jackson to approve the City Council meeting schedule for 2024 with modifications, and approve the resolution establishing the meeting dates and times of the CIty Council for calendar year 2024 with the modifications as follows: establish the standard start time of 5:00 p.m. for Closed Session and 6:00 p.m. for Open Session with the exception of July 11, 2024 meeting to begin at 5:00 p.m; and add the following meeting dates to the 2024 City Council meeting dates: June 11, 2024, July 15, 2024, October 22, 2024, and December 5, 2024; and remove the following meeting dates: June 19, 2024, July 18, 2024, November 26, 2024, and December 10, 2024. The motion carried by the following vote:
There was a substitute motion by Mayor Pro Tem Francois to change the standard start time for the 2024 City Council meetings to 6:00 p.m. for Closed Session and 7:00 p.m. for Open Session. The motion failed for a lack of a second.
The original motion was carried by the following vote:
Aye: 5 - Mayor Massey, Francois, Saemann, Detoy, and Jackson
Absent: 0
XV. FUTURE AGENDA ITEMS
a) 23-0723 TENTATIVE FUTURE AGENDA ITEMS
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Councilmember Saemann requested to bring back the City's COVID-19 requirements for employment and update the City's position at a future meeting. Mayor Pro Tem Francois provided support for an informational item only.
Mayor Pro Tem Francois requested to bring forth a private citizen issue related to the cost of a tree removal. No support was provided for this item.
Public Works Director SanClemente provided comments.
Mayor Massey provided comments.
City Manager Lowenthal provided comments.
City Attorney Donegan provided comments.
XVI. ADJOURNMENT
Mayor Massey adjourned the meeting at 10:06 p.m.
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