HomeMy WebLinkAbout2023-03-28-CC-R-MINCity 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
5:00 PMTuesday, March 28, 2023
Closed Session - 5:00 PM
Open Session - 6:00 PM
CALL TO ORDER
Mayor Jackson called the Closed Session to order at 5:01 p.m.
ROLL CALL
City Clerk Myra Maravilla announced a quorum.
Mayor Jackson, Mayor Pro Tempore Massey, Councilmember Francois,
Councilmember Saemann, and Councilmember Detoy
Present:5 -
Absent:0
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
No public comment was provided on the Closed Session agenda.
a)23-0199 MINUTES: Approval of minutes of Closed Session held on March 14, 2023.
b)23-0147 CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation - Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open
session will prejudice the position of the City in the litigation.
Name of Case: Jaime Ramirez v. City of Hermosa Beach
WCAB Number: ADJ13868846
WCAB Number: ADJ15354438
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c)23-0148 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: Stephen Dewitt v. City of Hermosa Beach
WCAB Number: ADJ12393541
d)23-0149 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: Michael Garafano v. City of Hermosa Beach
WCAB Number: ADJ12189383
e)23-0203 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)
RECESS TO CLOSED SESSION
Mayor Jackson recessed to Closed Session at 5:02 p.m.
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6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:16 p.m.
II. PLEDGE OF ALLEGIANCE
Trent Larson led the Pledge of Allegiance.
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 announced two Mayor's Conversations and Cleanup
events. On April 1, the community is invited to South Park to discuss the
City's Housing Element and help paint PARK after-school program
classrooms. On April 30, volunteers will participate in a beach cleanup with
the South Coast Botanical Garden and discuss the Parks Master Plan.
Mayor Jackson invited the community to the Community Coffee with
Assemblymember Al Muratsuchi event on April 15.
VI. APPROVAL OF AGENDA
A motion was made by Councilmember Francois, seconded by Mayor Pro
Tempore Massey to approve the agenda as amended to hear Municipal Matters
in the following order: 14a., 14d., 14b., and 14c. The motion carried by the
following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
VII. PROCLAMATIONS / PRESENTATIONS
a)23-0195 PRESENTATION OF CERTIFICATE OF SYMPATHY HONORING
THE MEMORY OF RICHARD MCCURDY
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Mayor Jackson invited Cathy McCurdy to the podium and presented a
certificate of sympathy honoring the memory of Richard McCurdy.
b)23-0196 PARKS MASTER PLAN: NEXT STEPS BY
RJM DESIGN GROUP, INC.
Zachary Mueting with RJM Design Group, Inc. provided a presentation and
introduced project manager John Jones.
Mayor Pro Tem Massey provided comments.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report.
a)23-0192 POLICE CHIEF UPDATE
Police Chief LeBaron provided a Police Chief Update.
Mayor Jackson provided comments.
Councilmember Francois provided comments.
Councilmember Saemann provided comments.
Police Chief LeBaron responded to the Councilmember comments.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE
PUBLIC
In Person Public Comment:
Donna Rubelmann
Stanley Richardson
Trent Larson
Mike Winn
Xavier Haase
Doug
Virtual Public Comment:
Tony Higgins
Matt McCool
Kent Allen
a)23-0200 WRITTEN COMMUNICATION
A motion was made by Mayor Pro Tempore Massey, seconded by
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March 28, 2023City Council Meeting Minutes - Final
Councilmember Detoy to receive and file the written communication.The motion
carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
X. CITY COUNCILMEMBER COMMENTS
Mayor Jackson asked the staff questions in response to public
participation.
Public Works Director SanClemente provided information about the
Leadership Hermosa project.
City Attorney Donegan provided information about the 5G cell tower.
Councilmember Francois provided comments.
City Attorney Donegan provided additional information about the 5G cell
tower.
a)23-0193 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Councilmember Saemann provided an update on the Sister Cities
Association activities regarding the annual visit on April 10 and the
Skechers shoe donation to children from the Sister City.
Mayor Jackson attended the South Bay Cities Sanitation District meeting
and the California Contract Cities Association meeting. He provided
comments about the all-girls flag football team being recognized as a C.I.F.
sport; On Saturday, the Hermosa Beach Education Foundation hosted
Hearts of Hermosa; You Are Enough 5K; and reminded the community to
report issues on the Go Hermosa application.
Councilmember Francois provided an update about his attendance at the
Los Angeles Roundtable on LAX Noise and South Bay Cities Council of
Governments General Assembly.
Mayor Pro Tem Massey provided an update on his attendance to the South
Bay Cities Council of Governments General Assembly.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore
Massey to pull agenda items "g", "m", and "n" for separate discussion and
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March 28, 2023City Council Meeting Minutes - Final
approve the remainder of the Consent Calendar. The motion carried by the
following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
a)23-0202 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.
b)REPORT
23-0191
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.
c)REPORT
23-0164
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
d)REPORT
23-0155
REVENUE REPORT, EXPENDITURE REPORT,
AND CIP REPORT BY PROJECT FOR
JANUARY AND FEBRUARY 2023
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
e)REPORT
23-0157
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
23-0158
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar.
h)REPORT
23-0174
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF JANUARY 18, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar.
i)REPORT
23-0170
ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF MARCH 21, 2023 AND
SPECIAL MEETING OF MARCH 9, 2023
(Community Development Director Carrie Tai)
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A motion was made to approve recommendation on the Consent Calendar.
j)REPORT
23-0169
PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar.
k)REPORT
23-0159
APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT
LONG-TERM AGREEMENT NEGOTIATIONS
(Community Resources Manager Lisa Nichols)
A motion was made to approve recommendation on the Consent Calendar.
l)REPORT
23-0161
A RESOLUTION OF THE CITY OF HERMOSA BEACH
APPROVING THE GRANT OF FUNDS FROM THE SAFE
CLEAN WATER PROGRAM FOR HERMOSA BEACH
PARKING LOT GREENING PROJECT (CIP 682)
(Environmental Program Manager Douglas Krauss)
A motion was made to approve recommendation on the Consent Calendar.
o)REPORT
23-0131
ADOPTION OF ORDINANCE NO. 23-1459 OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING HERMOSA BEACH
MUNICIPAL CODE SECTION 1.10.040 PARAGRAPH (A) TO
INCLUDE VIOLATIONS OF TITLE 15, “BUILDINGS
AND CONSTRUCTION” AND CHAPTER 8.24 NOISE CONTROL IN
LIST OF VIOLATIONS SUBJECT TO ADMINISTRATIVE CITATION
PROCEDURES
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar.
Enactment No:
p)REPORT
23-0163
ADOPTION OF ORDINANCE NO. 23-1460 OF THE CITY OF
HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 1.06
(OFFICIAL SEAL AND LOGO OF THE CITY) OF TITLE 1 (GENERAL
PROVISIONS) OF THE HERMOSA BEACH MUNICIPAL CODE TO
REGULATE THE USE OF CITY INSIGNIA AND FINDING THE SAME
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
(City Manager Suja Lowenthal)
A motion was made to approve recommendation on the Consent Calendar.
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
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a)REPORT
23-0172
APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENT
(Senior Recreation Supervisor Brian Sousa)
Senior Recreation Supervisor Brian Sousa provided a staff report.
Event representative Mark Paaluhi provided comments.
Mayor Jackson provided comments.
There was no In-Person public comment.
Virtual Public Comment:
Tony Higgins
The event representative Paaluhi provided information to address the
public comment.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to approve the Parks, Recreation and Community Resources Advisory
Commission's recommendation to include a new Impact Level II special event,
USA Volleyball (USAV) Beach Trials, on the Volleyball Courts north of the Pier
from Monday, June 19 to Thursday, June 22, 2023, on the 2023 Special Events
Calendar. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XIV. MUNICIPAL MATTERS
a)REPORT
23-0175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA INCREASING PARKING METER
RATES AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
(Finance Director Viki Copeland)
City Attorney Patrick Donegan presented the staff report.
Councilmember Saemann provided comments.
Councilmember Francois provided comments.
In Person Public Comment:
Raymond Dussault
Virtual Public Comment:
Tony Higgins
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March 28, 2023City Council Meeting Minutes - Final
Matt McCool
Laura Pena
Kent Allen
The City Council deliberated on this item.
Councilmember Massey suggested moving the meter start time to 8 a.m.
and providing an annual early bird sticker at $180 a year to park at all
meters from 8 a.m. to 10 a.m.
The City Council continued deliberation on this item.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Saemann to 1. Introduce and waive first reading of an ordinance
entitled "An Ordinance of the City Council of the City of Hermosa Beach,
California Increasing Parking Meter Rates and Finding the Same Exempt from
the California Environmental Quality Act" with a start time of 8:00 a.m. for
parking meters in the City; and 2. Direction to staff to create an annual parking
pass for parking meter spaces only during the hours of 8:00 a.m. to 10:00 a.m.
Early Bird Sticker at a fee of $180 per year, and to implement the sale of this
parking pass. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, and Saemann3 -
No:Francois, and Detoy2 -
Absent:0
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)
Environmental Program Manager Doug Krauss presented the staff report.
Councilmember Francois provided comments.
City Attorney Patrick Donegan provided comments.
Councilmember Detoy provided comments.
Environmental Program Manager Krauss responded to Council comments.
Councilmember Saemann provided comments.
City Manager Lowenthal responded to Council comments.
In Person Public Comment:
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Kathy Knoll
Ray Dussault
John David.
Bill Mathews
Dana Ireland
Ed Hart
Virtual Public Comment:
Tony Higgins
Jessica Accamando
Matt McCool
Laura Pena
Mr. Saemann
Councilmember Detoy provided comments.
Councilmember Francois provided comments.
The Council continued deliberation on this item.
The City Council recessed at 10:46 p.m.
The City Council returned from recess at 10:53 p.m.
City Clerk Maravilla conducted a roll call and announced a quorum.
All members were present.
The Council continued deliberation on this item.
There was consensus that live entertainment will be heard separately at a
later date.
There was City Council consensus on the following:
1.Up to 500 square feet of additional space added to existing
encroachments for a maximum of 1,000 square feet.
2.Plaza businesses to close at midnight, on-street establishments to
close at 11:00 p.m.
3.Combine old and temporary encroachments administratively.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Detoy to extend the meeting to 12:45 a.m. The motion carried by
the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
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Absent:0
b)REPORT
23-0154
ENCROACHMENT PERMIT TO ALLOW THE HERMOSA BEACH
CHAMBER OF COMMERCE AND VISITORS’ BUREAU TO MANAGE
AN ANNUAL STREET POLE BANNER PROGRAM
(Deputy City Manager Angela Crespi)
Deputy City Manager Angela Crespi presented the staff report.
Mayor Pro Tem Massey provided comments.
Councilmember Francois provided comments.
Deputy City Manager Crespi responded to Council comments.
No Public Comment provided.
Hermosa Beach Chamber of Commerce President Jessica Accamando
provided information.
Councilmember Saemann provided comments.
Councilmember Detoy provided comments.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to authorize the Public Works Director to execute and the City Clerk to
attest the proposed encroachment permit for a period of one year subject to
approval by the City Attorney; and authorize the City Manager to direct the
extension of the permit up to two additional one-year periods. The motion
carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
c)REPORT
23-0173
AUTHORIZE CITY MANAGER TO PARTICIPATE IN FUTURE OPIOID
SETTLEMENT AGREEMENTS AND TO ALLOCATE SETTLEMENT
FUNDS TO BEACH CITIES HEALTH DISTRICT
(City Manager Suja Lowenthal)
Deputy City Manager Angela Crespi presented the staff report.
Director of Well-Being Services with Beach Cities Health District,
Jacqueline Sun, provided additional information.
Councilmember Francois provided comments.
City Attorney Donegan provided comments.
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March 28, 2023City Council Meeting Minutes - Final
Deputy City Manager Crespi provided additional information.
There was no In-Person public comment.
Virtual Public Comment:
Dency Nelson
A motion was made by Councilmember Detoy, seconded by Councilmember
Francois to authorize City Manager to opt into future opioid settlement
agreements, and direct the City Manager to execute any documents necessary to
implement the action; and authorize City Manager to enter into a professional
services agreement with Beach Cities Health District to use its share of settlement
dollars to support opioid abatement or remediation uses.The motion carried by
the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
e)REPORT
23-0160
APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE
TO SERVE ON THE CLEAN POWER ALLIANCE BOARD
(Environmental Program Manager Douglas Krauss)
Enviromental Program Manager Krauss presented the staff report.
No public comment provided.
Councilmember Francois provided comments.
Mayor Pro Tem Massey provided comments.
A motion was made by Councilmember Saemann, seconded by Councilmember
Francois to appoint Mayor Pro Tem Massey as the representative to serve on the
Clean Power Alliance Board and direct the City Manager to designate Doug
Krauss as the alternate representative. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
g)REPORT
23-0176
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF MARCH 20, 2023
(Public Works Director Joe SanClemente)
Councilmember Saemann provided comments.
There was no Public Comment for this item.
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March 28, 2023City Council Meeting Minutes - Final
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to receive and file the Capital Improvement Program Status Report as
of March 20, 2023. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
m)REPORT
23-0197
PARKS, RECREATION & COMMUNITY RESOURCES
ADVISORY COMMISSION-THREE UPCOMING VACANCIES
FOR THE TERM ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
City Clerk Maravilla presented the staff report and clarified there are only
two upcoming vacancies for the Parks, Recreation, and Community
Resources Commission.
Councilmember Francois provided comments.
City Manager Lowenthal provided comments.
Councilmember Massey provided comments.
The City Council agreed to conduct interviews on June 7th.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Francois to direct staff to immediately advertise and request
applications from qualified applicants for two Parks, Recreation and Community
Resources Commission vacancies for the term ending June 30, 2027; and
schedule the presentation of applicants and applicant interviews on or before the
regular City Council meeting on June 7, 2023 with the option to make an
appointment on the same date. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
n)REPORT
23-0194
PLANNING COMMISSION-TWO UPCOMING
VACANCIES FOR THE TERM
ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
There was no Public Comment for this item.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to direct staff to immediately advertise and request applications from
interested parties for two Planning Commission vacancies for the term ending
June 30, 2027; and schedule the presentation of applicants and applicant
interviews on or before the regular City Council meeting on June 7, 2023 with the
option to make an appointment on the same date.The motion carried by the
following vote:
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March 28, 2023City Council Meeting Minutes - Final
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XV. FUTURE AGENDA ITEMS
Councilmember Detoy requested an information item regarding federal,
state, and local regulations related to cell towers. Councilmember Francois
supported this item.
Councilmember Detoy requested an item to name the bike path on
Hermosa Avenue and 10th Street in honor of the late Commissioner and
bike advocate Julian Katz. Mayor Jackson and Mayor Pro Tem Massey
supported this item.
Mayor Jackson requested an item about California's new law, AB 43,
which gives cities more control in deciding how speed limits are set. Mayor
Pro Tem Massey and Councilmember Detoy supported this item.
Councilmember Francois requested the discontinuance of conducting roll
call votes. Councilmember Massey provided comments and suggested this
topic be added to a future retreat agenda.
a)23-0201 TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
Mayor Jackson adjourned the meeting at 12:57 a.m. in honor of George
Donald Guild and Cassey Charles Rohrer.
Councilmember Francois provided a eulogy for George Donald Guild, also
known as "Don."
Mayor Jackson provided a eulogy for Cassey Charles Rohrer.
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