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HomeMy WebLinkAbout2023-09-12-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, September 12, 2023 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 5:00 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 for the Closed Session. RECESS TO CLOSED SESSION The City Council recessed to Closed Session. a)23-0502 MINUTES: Approval of minutes of Closed Session held on August 8, 2023. b)23-0524 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. Page 1City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Name of Case: Granite Re, Inc. DBA Granite Surety Insurance Company v. City of Hermosa Beach Case Number: 2:23-cv-1548 c)23-0503 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:Mayor Jackson Unrepresented employee:City Manager Page 2City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final 6:00 PM - OPEN SESSION I. CALL TO ORDER Mayor Jackson called the Open Session to order at 6:07 p.m. II. PLEDGE OF ALLEGIANCE Captain AJ Lester led the Pledge of Allegiance. III. 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 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 made the following announcements: The community was thanked for their attendance at the 9/11 Remembrance Ceremony. Students and representatives from various faith communities were especially thanked for their attendance and participation. State of the City Address will take place on Thursday, September 14, 2023 at the Community Theatre at 710 Pier Avenue and the social hour will begin at 5:30 p.m., followed by a presentation at 6:45 p.m. 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:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 VII. PROCLAMATIONS / PRESENTATIONS a)23-0519 PROCLAMATION DECLARING SEPTEMBER 2023 AS NATIONAL PREPAREDNESS MONTH Mayor Jackson read the proclamation declaring September 2023 as Page 3City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final National Preparedness Month into the record. Emergency Management Coordinator Israel Estrada presented a staff report. Councilmember Francois asked various questions about the CERT program. Mayor Jackson asked various questions. Mayor Pro Tem Massey provided comments. Fire Chief Bennett provided information about National Preparedness Month. Mayor Jackson asked a question about a fire started by e-bikes in a different state. Fire Chief Bennett provided information about battery charging stations. b)REPORT 23-0505 LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE 2023 SEMI-ANNUAL REVIEW (Emergency Management Coordinator Israel Estrada) Emergency Management Coordinator Estrada provided a staff report. Mayor Pro Tem Massey requested information about the aggregate data for the six-month period. c)23-0506 LOS ANGELES COUNTY LIFEGUARD SERVICES PRESENTATION Captain AJ Lester provided a presentation on Area 15. Mayor Jackson provided comments. Councilmember Detoy provided comments. Councilmember Francois provided comments. d)23-0507 PROCLAMATION DECLARING SEPTEMBER 19, 2023 AS NATIONAL VOTER REGISTRATION DAY Mayor Jackson read the proclamation declaring September 19, 2023 as National Voter Registration Day into the record. Page 4City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final VIII. CITY MANAGER REPORT City Manager Suja Lowenthal provided a City Manager Report. a)23-0508 POLICE CHIEF UPDATE Police Chief LeBaron introduced Sergeant Cahalan. Sergeant Eric Cahalan provided information about the decision by Judge Lawrence Riff taking effect on October 1 limiting use of bail. Mayor Pro Tem Massey provided comments. Councilmember Francois asked various questions. Chief LeBaron provided a Police Chief Update. Mayor Jackson asked various questions. Chief LeBaron provided information. Councilmember Francois asked additional questions. IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC In Person Public Comment: W. Christine Sarah Harper Daniel Brown Sam Sabra Nancy Schwappach Kelly Anderson Trent Larson Michele Hampton Carolyn Petty Chris Prenter Angie Silverman Dave Fulton Robert Preston Brian Diaz Ty Renner Virtual Public Comment: Christina Cho Tony Higgins Page 5City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Steve Izant Kent Allen Matt McCool Van Rod Mayor Jackson asked various questions. Chief LeBaron provided information. Councilmember Detoy asked various questions. City Manager Lowenthal provided information about the City's regulations for street vendors. Mayor Jackson shared the non-emergency police department phone number. Councilmember Francois asked various questions. a)23-0523 WRITTEN COMMUNICATION A motion was made by Councilmember Detoy, seconded by Councilmember Saemann 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 a)23-0509 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Councilmember Francois commented on his attendance to the Santa Monica Bay Restoration Commission meeting on August 17th meeting to discuss the ocean water testing and Westwood Neighborhood Green project, and to Fiesta Hermosa subcommittee and announced the Octoberfest event. Mayor Pro Tem Massey provided comments about the parking program. Councilmember Francois commented on the hang tags. XI. CONSENT CALENDAR Approval of the Consent Calendar Page 6City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey, to approve the Consent Calendar. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 a)23-0525 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 23-0515 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) A motion was made to approve recommendation on the Consent Calendar. c)REPORT 23-0498 CHECK REGISTERS (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. d)REPORT 23-0510 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR JULY 2023 (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. e)REPORT 23-0501 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 23-0500 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) A motion was made to approve recommendation on the Consent Calendar. g)REPORT 23-0492 REAPPROPRIATION OF FUNDS FROM FY 2022-23 TO FY 2023-24 AND APPROVAL OF RELATED REVENUE REVISIONS (Finance Director Viki Copeland) A motion was made to approve recommendation on the Consent Calendar. h)REPORT 23-0484 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Page 7City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final MEETING OF AUGUST 1, 2023 (Community Resources Manager Lisa Nichols) A motion was made to approve recommendation on the Consent Calendar. i)REPORT 23-0499 ACTION MINUTES OF THE CIVIL SERVICE BOARD MEETINGS OF JUNE 6, 2023 AND JULY 19, 2023 (Human Resources Manager Vanessa Godinez) A motion was made to approve recommendation on the Consent Calendar. j)REPORT 23-0493 RECOMMENDATION TO REJECT CLAIMS (Human Resources Manager Vanessa Godinez) A motion was made to approve recommendation on the Consent Calendar. k)REPORT 23-0514 APPROVAL OF A REQUEST TO REVISE THE CLASS SPECIFICATION FOR PUBLIC WORKS INSPECTOR AND AFFIRM THE BARGAINING UNIT AS TEAMSTERS UNION LOCAL 911 (Human Resources Manager Vanessa Godinez) A motion was made to approve recommendation on the Consent Calendar. l)REPORT 23-0516 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF AUGUST 15, 2023 (Community Development Director Carrie Tai) A motion was made to approve recommendation on the Consent Calendar. m)REPORT 23-0489 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR JULY 2023 (Emergency Management Coordinator Israel Estrada) A motion was made to approve recommendation on the Consent Calendar. n)REPORT 23-0497 SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY A motion was made to approve recommendation on the Consent Calendar. o)REPORT 23-0487 INCREASE CONTINGENCY FOR SANITARY SEWER MAINTENANCE AND CCTV INSPECTION SERVICES CONTRACT WITH EMPIRE PIPE CLEANING AND EQUIPMENT, INC. Page 8City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. p)REPORT 23-0495 REJECT ALL BIDS AND AUTHORIZE THE RE-ADVERTISEMENT OF CIP 696-POLICE STATION IMPROVEMENTS PROJECT (Public Works Director Joe SanClemente) A motion was made to approve recommendation on the Consent Calendar. q)REPORT 23-0517 TWO APPOINTMENTS TO THE CIVIL SERVICE BOARD (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 items removed from the Consent Calendar for separate discussion. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. a)REPORT 23-0473 CUP 23-08/APE 23-04 CITY COUNCIL REVIEW OF A CONDITIONAL USE PERMIT (CUP) AMENDMENT APPROVED BY THE PLANNING COMMISSION TO MODIFY A CUP FOR AN EXISTING RESTAURANT, AKA SUSHI, AT 1121 AVIATION BOULEVARD BY INCORPORATING ADDITIONAL CONDITIONS OF APPROVAL RELATED TO SERVICE OF ALCOHOL (BEER AND WINE), AND TO MAKE THE DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Carrie Tai) City Clerk Maravilla read the Public Hearing item into the record. Senior Planner Daniel Hortert provided a staff presentation. Councilmember Detoy provided comments. Councilmember Francois provided comments. Councilmember Saemann provided comments. A server of the restaurant, Edward Song, provided comments on behalf of the owner. Councilmember Saemann provided additional comments. Page 9City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Councilmember Francois provided additional comments. In Person Public Comment: Kent Allen Matt McCool Mayor Jackson closed Public Comment. Mayor Pro Tem Massey provided comments. Chief LeBaron provided information and stated that ABC penalties would be separate from the City's process. The City Council continued deliberations on this item. Mayor Jackson closed the public hearing. A motion was made by Mayor Pro Tempore Massey, seconded by Councilmember Saemann to adopt a resolution modifying Conditional Use Permit (CUP) 23-08/APE 23-04 for an existing restaurant, AKA Sushi, at 1121 Aviation Boulevard by incorporating additional conditions of approval related to service of alcohol and add condition six to resolution: all alcohol sales from CUP shall be suspended September 13 through Friday night on September 22, 2023. They first day they may recommence the sale of alcohol is on Saturday, September 23, 2023; and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, and Saemann4 - No:Detoy1 - Absent:0 b)REPORT 23-0496 INTRODUCTION OF AN ORDINANCE AMENDING TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATED TO CANNABIS DELIVERY AND APPROVAL OF RESOLUTIONS ESTABLISHING APPLICATION FEES, FINES, AND TAXES (Deputy City Manager Angela Crespi) (Community Development Director Carrie Tai) Deputy City Manager Angela Crespi provided a staff report. Councilmember Detoy asked about mobile cannabis dispensaries. Assistant Planner Johnathan Masi provided information. City Attorney Donegan provided information. Page 10City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Deputy City Manager Crespi provided additional information. Mayor Jackson provided comments. Director Tai provided information about the definition. Councilmember Francois provided comments. Councilmember Saemann provided comments. In Person Public Comment: Carolyn Petty Heidi Swan Joan Irvine Jonatan Cretko Virtual Public Comment: Van Rob Kent Allen Matt McCool Tony Higgins The City Council continued to deliberate on this item. A motion was made by Mayor Pro Tem Massey to introduce by title only and waive first reading of an ordinance of the City of Hermosa Beach, California, amending portions of Title 17 of the Hermosa Beach Municipal Code relating to mobile cannabis dispensaries (delivery) with the changes to the definition of Section 6 to include medical marijuana dispensary; and adopt a resolution amending the City's Master Fee Schedule to establish a Cannabis Delivery Permit application fee and establishing the rate of fine(s) for an administrative citation under Hermosa Beach Municipal Code Section 1.10.040 related to cannabis delivery; and Adopt a resolution establishing a Cannabis Business Tax rate in accordance with Hermosa Beach Municipal Code Section 3.44; and find that all of the above actions are exempt from the California Environmental Quality Act (CEQA). Councilmember Detoy seconded the motion and offered a friendly amendment to modify the motion to exclude commercial corridors. Mayor Pro Tem Massey was amendable to carving out alcohol serving establishments. Councilmember Detoy withdrew his second and friendly amendment. Page 11City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final The City Council continued deliberations. A motion was made by Mayor Pro Tem Massey, seconded by Mayor Jackson to introduce by title only and waive first reading of an ordinance of the City of Hermosa Beach, California, amending portions of Title 17 of the Hermosa Beach Municipal Code relating to mobile cannabis dispensaries (delivery) with the changes to the definition of mobile cannabis dispensaries in Section 6 that were recited by the City Attorney; and adopt a resolution amending the City's Master Fee Schedule to establish a Cannabis Delivery Permit application fee and establishing the rate of fine(s) for an administrative citation under Hermosa Beach Municipal Code Section 1.10.040 related to cannabis delivery; and Adopt a resolution establishing a Cannabis Business Tax rate in accordance with Hermosa Beach Municipal Code Section 3.44; and find that all of the above actions are exempt from the California Environmental Quality Act (CEQA). The motion carried by the following vote: Aye:Mayor Jackson, Massey, and Saemann3 - No:Francois, and Detoy2 - Absent:0 c)REPORT 23-0483 INTRODUCTION OF AN ORDINANCE AMENDING PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN COMMERCIAL ZONES AND A DETERMINATION THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Community Development Director Carrie Tai) Assistant Planner Johnathan Masi provided a staff report. Mayor Pro Tem Massey provided comments. Councilmember Francois provided comments. Director Tai provided information. Councilmember Saemann provided comments. Councilmember Detoy provided comments. Mayor Jackson provided comments. Director Tai provided information. Virtual Public Comment: Tony Higgins Page 12City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Mayor Jackson closed the Public Hearing. A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to introduce by title only and waive first reading of an ordinance of the City of Hermosa Beach, California approving Zoning Text Amendment 23-04, to amend portions of Title 17 of the Hermosa Beach Municipal Code relating to short-term vacation rentals in commercial zones and determine the ordinance is exempt from the California Environmental Quality Act (CEQA). The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 A motion was made by Councilmember Detoy, seconded by Mayor Jackson to extend the meeting to 12:30 a.m. The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 XIV. MUNICIPAL MATTERS a)REPORT 23-0457 INFORMATION ON CITY REGULATION OF HOME OCCUPATIONS (Community Development Director Carrie Tai) Senior Planner Hortert provided a staff report. Councilmember Francois provided comments. City Attorney Donegan provided information. City Manager Lowenthal provided information. The City Council asked various questions. Director Tai provided information to the City Council. Virtual Public Comment: Laura Pena Kelly Jon David The City Council continued to deliberate on this item. A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to receive and file information on the City's regulation of home occupations and include to revisit home occupations in residential and commercial zone properties with the Zoning Code update though the Planning Commission. The motion carried by the following vote: Page 13City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 b)REPORT 23-0458 INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 3.14 TO BECOME SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (UPCCAA OR ACT) FOR ALL PUBLIC PROJECTS, AMENDING SECTION 3.12.140 TO INCREASE THE CITY MANAGER’S AUTHORITY TO AWARD CONTRACT FOR MAINTENANCE SERVICES UP TO THE INFORMAL BIDDING LIMIT AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Works Director Joe SanClemente) Public Works Director Joe SanClemente provided a staff report. Councilmember Saemann spoke. Councilmember Francois spoke. Virtual Public Comment: Laura Pena Tony Higgins Mayor Jackson provided comments. Public Works Director SanClemente provided additional information. A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to adopt a resolution declaring its intent to become subject to the Uniform Public Construction Cost Accounting Act (UPCCAA or Act) for all public projects as defined in Public Contract Code (PCC) ? 22002(c); and establishing City Manager signatory authority for public project and maintenance service contracts; and introduce by title only and waive full reading of an ordinance adding Chapter 3.14 to the Hermosa Beach Municipal Code, providing alternative bidding procedures as specified in PCC ? 22000-22045 and amending Chapter 3.12.140 of the Hermosa Beach Municipal Code, delegating to the City Manager signatory authority for award of contracts for maintenance services up to the informal bidding limit as defined in PCC 22032(b) (Attachment 2). The motion carried by the following vote: Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 - Absent:0 XV. FUTURE AGENDA ITEMS a)23-0521 TENTATIVE FUTURE AGENDA ITEMS Page 14City of Hermosa Beach Printed on 9/27/2023 September 12, 2023City Council Meeting Minutes - Final Mayor Jackson requested to return with a report about options and considerations for people living in their cars. It was supported by Councilmembers Detoy, Saemann, and Francois. Councilmember Saemann requested an information item to review the restroom project after the conclusion of litigation. It was supported by Mayor Jackson, Mayor Pro Tem Massey, and Councilmember Francois. Councilmember Saemann requested support to review the City of Manhattan Beach's recently passed ordinance regarding eBikes and potentially doing a similar action in Hermosa Beach. It was supported by Mayor Jackson. Councilmember Detoy requested support to revisit guest parking permits pending timeline for software change. It was supported by Councilmember Francois. Councilmember Francois requested support to review the City Council Mayor Rotation Policy resolution to revert back to automatic traditional rotations for Mayor and Mayor Pro Tempore. No support was received. XVI. ADJOURNMENT Mayor Jackson adjourned the meeting at 12:58 am. Page 15City of Hermosa Beach Printed on 9/27/2023