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HomeMy WebLinkAbout2022-07-26-CC-R-MINCity Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Meeting Minutes - Final City Council Mayor Michael Detoy Mayor Pro Tem Raymond Jackson Councilmembers Stacey Armato Mary Campbell Justin Massey 4:00 PMTuesday, July 26, 2022 Hybrid virtual/in-person meetings are held pursuant to AB361 Closed Session - 4:00 PM Open Session - 6:00 PM CALL TO ORDER IN COUNCIL CHAMBERS Mayor Detoy called to order the Closed Session at 4:00 p.m. ROLL CALL Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, and Councilmember Massey Present:4 - Councilmember CampbellAbsent:1 - City Clerk Maravilla announced a quorum. Councilmember Campbell was absent during Roll Call, but arrived and attended the Closed Session. PUBLIC COMMENT ON THE CLOSED SESSION AGENDA Public Comment provided Virtually: Matt McCool Kent Allen RECESS TO CLOSED SESSION a)22-0463 MINUTES: Approval of minutes of Closed Session held on July 12, 2022. b)22-0464 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Page 1City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final City Negotiator:Labor Attorney Daphne M. Anneet and City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Professional and Administrative Employee Group Management Employee Group Unrepresented Employee Group c)22-0465 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:Mayor Pro Tem Jackson and Councilmember Campbell Unrepresented employee:City Manager d)22-0470 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4) 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 Potential Cases: 1 Page 2City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final 6:00 PM - REVISED OPEN SESSION - ADDITION OF CONSENT CALENDAR ITEM M I. CALL TO ORDER Mayor Detoy called to order the Open Session meeting at approximately 6:30 p.m. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sheryl Main. III. ROLL CALL Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, Councilmember Campbell, and Councilmember Massey Present:5 - Absent:0 City Clerk Myra Maravilla announced a quorum. IV. CLOSED SESSION REPORT City Attorney Michael Jenkins had no reportable action and announced the City Council would reconvene into Closed Session after Open Session. V. ANNOUNCEMENTS: UPCOMING CITY EVENTS Mayor Detoy announced upcoming events: July Mayor's Event, International Surf Festival, and the Chamber of Commerce Sidewalk Sale. VI. APPROVAL OF AGENDA A motion was made by Councilmember Armato, seconded by Councilmember Campbell to approve the Agenda. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 VII. PROCLAMATIONS / PRESENTATIONS a)22-0414 SOUTHERN CALIFORNIA EDISON ANNUAL RELIABILITY REPORT Representatives Robert Brambila, South Bay District Manager, Sal Ramirez, Local Public Affairs, Anthony Escamilla, and Jae Lee from Southern California Edison presented the Annual Reliability Report. Page 3City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final VIII. CITY MANAGER REPORT City Manager Suja Lowenthal announced the City receiving $2.3 million from the recently approved California State Budget for pier funds, summarized the Housing Initiative Court event in collaboration with Redondo Beach, summering safely in Hermosa Beach, CERT-training volunteers, the street conversion of 26th Street to become a westbound one-way street, and lastly, provided an update on the ongoing personnel recruitment in the City of Hermosa Beach. City Manager Lowenthal invited the new employees, Brian Sousa and David Wilson, to introduce themselves to the City Council. a)22-0468 POLICE CHIEF UPDATE Chief LaBaron gave a Police update. Councilmember Massey inquired regarding the City's Restroom Renovation Project. City Manager Suja Lowenthal and City Attorney Michael Jenkins responded to Councilmember Massey's question. Councilmember Campbell made comments regarding the CERT Training. IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC Public Comments provided in-person: Trent Larson Grant Ibrahim Carolyn Petty Liz Ramirez Kieran Harrington Ray Dussault Sheryl Main Dean Francois Public Comments provided virtually: Kent Allen Matt McCool Anthony Trujillo a)22-0447 WRITTEN COMMUNICATION A motion was made by Councilmember Armato, seconded by Councilmember Massey to receive and file the written communication. The motion carried by the following vote: Page 4City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 X. CITY COUNCILMEMBER COMMENTS a)22-0448 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Mayor Detoy requested a CIP project list update. Public Works Director SanClemente gave an update regarding the CIP project list. Mayor Pro Tem Jackson made comments regarding street safety. Mayor Detoy made comments regarding his attendance at the Sister City event on Sunday at Valley Park. Councilmember Armato made comments regarding the handicap parking space and her decision to not seek re-election. City Manager Lowenthal responded to Councilmember Armato's questions. Councilmember Campbell made comments regarding her decision to not seek re-election. Councilmember Massey made comments regarding eComments. City Manager Lowenthal responded to Councilmember Massey's questions. XI. CONSENT CALENDAR Approval of the Consent Calendar A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson, to approve the Consent Calendar. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 a)REPORT 22-0469 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) Page 5City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final A motion was made to approve recommendation on the Consent Calendar. b)REPORT 22-0449 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. c)REPORT 22-0442 CHECK REGISTERS (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. d)REPORT 22-0423 REVENUE REPORT, COVID-19 REVENUE TRACKING REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR MARCH, APRIL, AND MAY 2022 (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. e)REPORT 22-0387 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. f)REPORT 22-0459 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. g)REPORT 22-0453 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF JULY 13, 2022 (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. h)REPORT 22-0427 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF May 18, 2022 (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. i)REPORT 22-0440 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF JULY 19, 2022 (Community Development Director Jeannie Naughton) A motion was made to approve recommendation on the Consent Calendar. Page 6City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final j)REPORT 22-0439 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Jeannie Naughton) A motion was made to approve recommendation on the Consent Calendar. k)REPORT 22-0450 FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS, PURSUANT TO ASSEMBLY BILL 361 (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. l)REPORT 22-0457 APPROVAL OF FIRST AMENDMENT TO AGREEMENT TO PROVIDE BALLOT MEASURE DEVELOPMENT AND COMMUNICATION SERVICES WITH LEW EDWARDS GROUP (City Manager Suja Lowenthal) A motion was made to approve recommendation on the Consent Calendar. m)REPORT 22-0472 ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 13.12.010 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO THE ANNUAL SEWER SERVICE CHARGE (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no Consent Calendar items removed for separate discussion. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. There were no Public Hearings. XIV. MUNICIPAL MATTERS a)REPORT 22-0310 AWARD A CONTRACT FOR CROSSING GUARD SERVICES TO ALL CITY MANAGEMENT SERVICES, INC. (Police Chief Paul LeBaron) Community Services Manager Peter Alstrom presented the staff report. There were no Public Comments for this item. Councilmember Massey made comments regarding the City's ongoing recruitment efforts. Page 7City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final Chief LeBaron responded to Councilmember Massey's comments. A motion was made by Councilmember Armato, seconded by Councilmember Campbell to award a contract for crossing guard services to All City Management Services, Inc. at an hourly rate of $29.91 per hour for a term of one year beginning June 26, 2022 and ending June 30, 2023 with an option to extend for two additional one-year periods; and appropriate an additional $20,000 from the Proposition C Fund to cover the estimated contract cost for the 2022-23 school year; and authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 b)REPORT 22-0426 CONSIDERATION OF PLACING A LOCAL CONTROL CITY SERVICES MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING THE VOTERS TO APPROVE A GENERAL TRANSACTIONS AND USE TAX (SALES TAX or TUT) AT THE RATE OF THREE QUARTER CENT (3/4¢) (City Manager Suja Lowenthal) City Manager Suja Lowenthal presented the staff report. Councilmember Massey had questions regarding a sales tax. Mayor Detoy made comments regarding the resident/visitor breakdown; the average cost per person and per household; and the impact on small businesses and Measure O. City Manager Suja Lowenthal and Finance Director Vicki Copeland responded to Mayor Detoy's comments. Public Comment provided in-person: Carolyn Petty Ray Dussault Daniel Godwin Dean Francois Trent Larson Brian Dunne Jeff Raedy Public Comment provided virtually: Megg Sulzinger Matt McCool Laura Pena Page 8City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final The City Council made comments on long-term various reasons for supporting the sales tax and discussed why it is a good investment for the City of Hermosa Beach. Councilmember Armato recommended Councilmember Massey and Mayor Detoy author the argument in favor. A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a Resolution for the placement of a locally controlled general tax measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to enact a General Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarter cent (3/4) and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a Resolution setting priorities for filing a written Argument and Rebuttal Argument regarding an ordinance to enact a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three-quarter cent (3/4) to be submitted to voters at the General Municipal Election to be held on Tuesday, November 8, 2022, and directing the City Attorney to prepare the impartial analysis, and directing Mayor Detoy and Councilmember Massey to author the argument in favor and authorize the five (5) members of the City Council to sign the argument prepared. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 c)REPORT 22-0443 ADOPT RESOLUTIONS PLACING THE CANNABIS INITIATIVE, SUBMITTED BY INITIATIVE PETITION, TO REPEAL THE CITY’S BAN ON CANNABIS BUSINESSES AND ALLOWS BY CITY-APPROVED PERMIT UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES, INCLUDING HOME DELIVERY FROM THOSE STORES ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT (City Clerk Myra Maravilla) City Manager Suja Lowenthal presented the staff report. City Council had questions regarding the ballot measure and rebuttals. City Attorney Michael Jenkins summarized the process for submitting the ballot measure arguments and rebuttals. Public Comment provided in-person: Page 9City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final Carolyn Petty Heidi Swan Andrea Valcourt Trent Larson Public Comment provided virtually: Kent Allen Councilmember Massey had questions about potentially lifting the ban on the delivery of the cannabis argument in favor of cannabis tax measure, rebuttals, and adding language to the affirmative statement. Councilmember Armato made comments regarding rebuttals. City Clerk Maravilla summarized the process for delivering the impartial analysis to argument writers and for submitting rebuttals The City Council agreed to place their rebuttal argument on August 9, 2022 agenda to discuss various stakeholders and the delivery ordinance. A motion was made by Councilmember Campbell, seconded by Councilmember Armato to adopt a Resolution calling for the placement of a measure, submitted by initiative petition, on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to repeal the City's ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses including home delivery from those stores and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson to adopt a Resolution setting priorities for filing a written argument and rebuttal argument regarding the cannabis initiative to repeal the City's existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses including home delivery from those stores to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022 and directing City Attorney to prepare the impartial analysis; and directing Mayor Detoy and Mayor Pro Tem Jackson to author the argument against and authorize the five (5) members of the City Council to sign the argument prepared. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 d)REPORT 22-0455 CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING Page 10City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final VOTERS TO APPROVE A LOCAL BUSINESS TAX ON CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF HERMOSA BEACH SHOULD CANNABIS BUSINESSES BE ALLOWED TO OPERATE IN THE CITY (City Manager Suja Lowenthal) City Manager Lowenthal presented the staff report. Councilmember Campbell made comments regarding the potential approval of the tax measure. City Manager Lowenthal summarized the City's current taxes and the potential tax measure. Public Comment provided in-person: Carolyn Petty Andrea Valcourt Heidi Swan Public Comment provided virtually: Matt McCool Laura Pena The City Council made comments regarding the ballot initiative; lifting the band on the delivery of cannabis ordinance; the various tax rates; tax measure education; and sales tax. City Attorney Jenkins and City Manager Lowenthal responded to City Council's comments. A motion was made by Councilmember Massey, seconded by Councilmember Campbell adopt a Resolution calling for the placement of a measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance adding Chapter 3.48 to Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code, establishing a tax of up to 10% on cannabis businesses operating within the City of Hermosa Beach and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote: Aye:Jackson, Armato, Campbell, and Massey4 - No:Mayor Detoy1 - Absent:0 A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a resolution setting priorities for filing a written argument and rebuttal argument regarding a proposed ordinance adding Chapter 3.48 to Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code, establishing a tax Page 11City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final up to 10% on cannabis businesses operating within the City of Hermosa Beach to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and direct City Attorney to prepare the impartial analysis and directing Councilmember Massey and Councilmember Campbell to author the argument in favor and authorize the four (4) members of the City Council and adding a fifth signature in place of Mayor Detoy to sign the argument prepared. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson motion to extend the City Council meeting to 11:20 p.m. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 ae)REPORT 22-0456 CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING VOTERS TO REPEAL ORDINANCE NO. N.S. 211, ADOPTED IN 1960, ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY (City Manager Suja Lowenthal) City Manager Lowenthal presented the staff report. Public Comment provided virtually: Matt McCool A motion was made by Councilmember Armato, seconded by Councilmember Massey to adopt a Resolution for the placement of a measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City's Civil Service System and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Absent:0 A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson Adopt Resolution setting priorities for filing a written argument and rebuttal argument regarding an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City's Civil Service System to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and directing the City Attorney to prepare the impartial analysis; and directing Mayor Detoy and Mayor Pro Tem Jackson to author the argument in favor and authorize the five (5) members of the City Council to sign the argument prepared. The motion carried by the following vote: Aye:Mayor Detoy, Jackson, Armato, Campbell, and Massey5 - Page 12City of Hermosa Beach Printed on 1/11/2023 July 26, 2022City Council Meeting Minutes - Final Absent:0 XV. FUTURE AGENDA ITEMS a)22-0461 TENTATIVE FUTURE AGENDA ITEMS Councilmember Massey confirmed that the ordinance to lift the ban on the delivery of cannabis will be on the City Council August 9, 2022 meeting. XVI. ADJOURNMENT The City Council recessed to Close Session at 11:17 p.m. The City Council reconvened from Closed Session at 12:25 a.m. City Attorney Michael Jenkins announced that there was no reportable action. The meeting adjourned at 12:30 a.m. to the meeting of August 9, 2022 at 4:15 p.m. for the interview of Civil Service Commission applicants. Page 13City of Hermosa Beach Printed on 1/11/2023