HomeMy WebLinkAbout2024-01-23-CC-R-MINCity 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
5:00 PMTuesday, January 23, 2024
Closed Session at 5:00 p.m. and Open Session at 6:00 p.m.
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
In Person Public Comment:
Matt McCool
RECESS TO CLOSED SESSION
a)24-0048 MINUTES: Approval of minutes of Closed Session held on December 12,
2023.
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January 23, 2024City Council Meeting Minutes - Final
b)24-0051 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
c)24-0052 CONFERENCE WITH LEGAL COUNSEL: Workers Comp Litigation
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.
i) Name of Case: Jamie Ramirez v. City of Hermosa Beach, PSI, administered
by ADMINSURE
WCAB Case Number: ADJ14510104
AdminSure Claim Number: 21-155171
D.O.I.: 04/06/2020-04/06/2021
6:00 PM - OPEN SESSION
1. CALL TO ORDER
Mayor Massey called the Open Session to order at 6:02 p.m.
2. PLEDGE OF ALLEGIANCE
Joe Chipola led the Pledge of Allegiance.
3. 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
4. CLOSED SESSION REPORT
City Attorney Patrick Donegan provided a Closed Session Report. No
reportable action was taken.
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5. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Mayor Massey announced the enrollment period at Hermosa Beach City
School District and a virtual parent information meeting for incoming
Transitional Kindergarteners and Kindergarteners on Thursday, January 25
at 6:00 p.m. More information is available on the district's website; and
applications for the upcoming Hermosa Beach Concert Series are due by
Sunday, March 3, 2024 and can be found on the City's website.
6. APPROVAL OF AGENDA
Mayor Pro Tem Francois requested to pull Consent Calendar item "k" for
separate discussion and requested to table items 14 "c" and "i" to a future
meeting.
Councilmember Jackson made a motion to reorder Municipal Matter item
14 "c" after item 14 "g".
A motion was made by Councilmember Jackson, seconded by Mayor Pro Tem
Francois to move Municipal Matter item 14 "c" after item 14 "g", and after the
conclusion of item 14"g", City Council will discuss the possibility of tabling items
14 "c", "h", and "i" to a future meeting agenda; and to pull Consent Calendar
item "k" for separate discussion. Motion was carried by the following vote:
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
7. PROCLAMATIONS / PRESENTATIONS
a)24-0018 ANNOUNCEMENT OF THE WINNER OF THE 14TH ANNUAL
PARKING PERMIT ART CONTEST
Finance Director Viki Copeland announced Lance Dalgart as the the
winner of 14th Annual Parking Permit Art Contest.
b)24-0019 PRESENTATION FROM CLEAN POWER ALLIANCE
Ted Bardacke, CEO of Clean Power Alliance, provided a presentation.
Mayor Massey asked various questions.
Councilmember Saemann asked various questions.
Mayor Pro Tem Francois asked various questions.
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c)24-0020 HERMOSA BEACH CHAMBER OF COMMERCE PRESENTS
REVIEW OF 2023 PROGRAMS AND VISION FOR 2024
Millie Martinez, Membership Director of the Chamber of Commerce,
provided a presentation.
Cora Owen provided comments about upcoming events.
Jessica Accamando, President of the Chamber of Commerce, provided
comments.
Mayor Pro Tem Francois asked various questions.
8. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report.
Public Works Director Joe SanClemente provided an update on various
projects.
a)24-0023 POLICE CHIEF UPDATE
Police Chief Paul LeBaron provided a Police Chief Update.
Mayor Pro Tem Francois asked various questions.
9. PUBLIC COMMENT
In Person Public Comment:
Kent Allen
Carolyn Waters
Matt McCool
Sarah Harper
Laura Carmona
George Barks
Laura Pena & Tara
Michele Hampton
Trent Larson
Jessica Accamando
The City Council joined the Sister City Committee for a group photo.
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January 23, 2024City Council Meeting Minutes - Final
REPORT
24-0054
SUPPLEMENTAL ECOMMENTS FOR ITEM 9
10. CITY COUNCILMEMBER COMMENTS
a)24-0024 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Mayor Pro Tem Francois attended the Los Angeles County Board of
Directors Sanitation District meeting on January 17, 2024 and provided
information about hazardous waste sewage science; and his attendance at
the South Bay Cities Council of Governments for a legislative update from
the local elected leaders.
Mayor Massey provided an update on his attendance at the United States
Conference of Mayors Winter Meeting from January 16 - 19, 2024 in
Washington, D.C. and provided information on the ways artificial
intelligence may interfere in current and future elections and legislation
funding infrastructure for cities.
11. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Councilmember Jackson, seconded by Councilmember
Saemann, to pull Consent Calendar items "k" and "q" for separate discussion
and approve the remainder of the Consent Calendar. The motion carried by the
following vote:
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
a)24-0029 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
24-0027
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve the recommendation on the Consent Calendar.
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January 23, 2024City Council Meeting Minutes - Final
c)REPORT
24-0030
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve the recommendation on the Consent Calendar.
d)REPORT
24-0035
REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT
BY PROJECT FOR NOVEMBER 2023
(Finance Director Viki Copeland)
A motion was made to approve the recommendation on the Consent Calendar.
e)REPORT
24-0042 MEMORANDUM REGARDING REVENUE REPORT,
EXPENDITURE REPORT, AND CIP REPORT BY PROJECT
FOR DECEMBER 2023
(Finance Director Viki Copeland)
A motion was made to approve the recommendation on the Consent Calendar.
f)REPORT
24-0040
CITY TREASURER’S REPORT AND CASH BALANCE REPORT
(City Treasurer Karen Nowicki)
A motion was made to approve the recommendation on the Consent Calendar.
g)REPORT
24-0041
MEMORANDUM REGARDING CITY TREASURER’S REPORT
AND CASH BALANCE REPORT FOR DECEMBER 2023
(City Treasurer Karen Nowicki)
Recommended Action:
A motion was made to approve the recommendation on the Consent Calendar.
h)REPORT
24-0038
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve the recommendation on the Consent Calendar.
i)REPORT
24-0039
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF NOVEMBER 15, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve the recommendation on the Consent Calendar.
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January 23, 2024City Council Meeting Minutes - Final
j)REPORT
24-0011
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF JANUARY 8, 2024
(Public Works Director Joe SanClemente)
A motion was made to approve the recommendation on the Consent Calendar.
l)REPORT
24-0010
ACTION MINUTES OF THE PARKS, RECREATION, AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF DECEMBER 5, 2023
(Community Resources Manager Lisa Nichols)
A motion was made to approve the recommendation on the Consent Calendar.
m)REPORT
24-0045
ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF DECEMBER 11, 2023
(Community Development Director Carrie Tai)
A motion was made to approve the recommendation on the Consent Calendar.
n)REPORT
24-0044
PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
A motion was made to approve the recommendation on the Consent Calendar.
o)REPORT
24-0015
ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE
HERMOSA BEACH MUNICIPAL CODE ZONING TEXT
AMENDMENT (ZTA 23-02-B) ADDING THE LAND VALUE
RECAPTURE PROGRAM AND AMENDING CRITERIA FOR
AFFORDABLE HOUSING
(Community Development Director Carrie Tai)
A motion was made to approve the recommendation on the Consent Calendar.
p)REPORT
24-0014
ADOPTION OF AN ORDINANCE AMENDING PORTIONS OF TITLE 17
OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE
CITY’S REGULATION OF ADVERTISEMENT OF SHORT-TERM
VACATION RENTALS IN ALL ZONES AND A DETERMINATION
THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
(Carrie Tai Community Development Director)
A motion was made to approve the recommendation on the Consent Calendar.
Enactment No:
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January 23, 2024City Council Meeting Minutes - Final
r)REPORT
24-0002
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR NOVEMBER 2023
(Deputy City Manager Angela Crespi)
A motion was made to approve the recommendation on the Consent Calendar.
s)REPORT
24-0032
APPROVAL OF FIRST AMENDMENT TO WITH BURKE, WILLIAMS
AND SORENSEN, LLP FOR LEGAL SERVICES
(Human Resources Manager Vanessa Godinez)
A motion was made to approve the recommendation on the Consent Calendar.
A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to hear public
hearing items before items pulled from the Consent Calendar for separate discussion. The motion was
carried by the following vote:
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
13. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
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a)REPORT
24-0003
CITY COUNCIL REVIEW OF A CONDITIONAL USE PERMIT (CUP
23-12/APE23-08) AMENDMENT APPROVED BY THE PLANNING
COMMISSION INCORPORATING ADDITIONAL CONDITIONS OF
APPROVAL RELATED TO THE ON-SALE SERVICE OF ALCOHOL
(BEER AND WINE) AT AN EXISTING RESTAURANT (PEDONE’S
PIZZA AND FINE FOODS) LOCATED AT 1332 HERMOSA AVENUE IN
THE GENERAL COMMERCIAL (C-2) ZONE; AND DETERMINE THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA QUALITY ACT (CEQA)
(Community Development Director Carrie Tai)
Planning Manager, Alexis Oropeza, provided a staff report.
Mayor Massey opened the public hearing.
City Attorney Donegan provided information about ex-parte
communications.
Mayor Massey reported his communications with Chief LeBaron, Planning
Commissioner Marie Rice, and resident Claudia Berman.
Councilmember Saemann reported ex-parte communications with
Community Development Director Carrie Tai, Chief LeBaron, and City
Manager Lowenthal.
Mayor Pro Tem Francois reported ex-parte communications with
Community Development Director Carrie Tai, Chief LeBaron, City
Manager Lowenthal, and the applicant Michael Scribney. It was disclosed
the applicant provided various points of information.
Councilmember Detoy reported ex-parte communications with Community
Development Director Tai, Chief LeBaron, City Manager Lowenthal staff
and the applicant Michael Scribney.
Councilmember Jackson reported communications with staff.
Councilmember Saemann asked various questions.
Mayor Pro Tem Francois asked various questions.
Director Tai provided information.
Mayor Massey asked various questions.
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January 23, 2024City Council Meeting Minutes - Final
Councilmember Detoy asked various questions.
Michael Scribney, applicant, provided testimony.
In Person Public Comment:
Matthew Baca
Kelsey
Matt McCool
Laura Pena
Mayor Pro Tem Francois asked applicant Sribney various questions.
Applicant Scribney provided responses.
Councilmember Jackson asked applicant Scribney various questions.
Applicant Scribney provided responses.
Mayor Massey asked applicant Scribney various questions.
Chief LeBaron provided information.
Officer Keaton Dadigan provided information.
Applicant Sribney provided a response to the Officer's testimony.
Director Tai provided information.
The City Council continued to deliberate on this item.
The Public Hearing item closed.
A motion was made by Councilmember Saemann, seconded by Councilmember
Detoy to uphold the Planning Commission's resolution amending Conditional Use
Permit (CUP 23-12) related to the on-sale service of alcohol at 1332 Hermosa
Avenue in the General Commercial (C-2) Zone, and reinstituting item number 18
allowing window food delivery only from 12:00 a.m. to 2:00 a.m. for third-party
delivery services effective immediately.
Councilmember Detoy provided a friendly amendment to address hours in
condition 18 as follows: the inside sale of food is permitted between the hours of
8:00 a.m. to 11:00 a.m. on all days except Friday and Saturday, at which point the
inside sale of food extends to 12:00 a.m. Sunday through Thursday from 11:00
p.m. to midnight, the restaurant must be closed and locked with only online food
orders (no alcohol) allowed through delivery service only through a delivery
window located near the front entrance of the establishment. On Fridays and
Saturdays only from 12:00 a.m. to 2:00 a.m. the restaurant must be closed and
locked with online food orders (no alcohol) allowed through delivery service only
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January 23, 2024City Council Meeting Minutes - Final
through a delivery window located near the front entrance of the establishment.
Councilmember Saemann accepted the friendly amendment. The motion carried
by the following vote:
Aye:Francois, Saemann, and Detoy3 -
No:Mayor Massey, and Jackson2 -
Absent:0
Mayor Massey requested to hear Municipal Matter 14 a before agenda item number 12. The reordering
of items was approved with no objection.
MUNICIPAL MATTERS
a)REPORT
24-0016
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
VOX PRODUCTIONS TO PROVIDE SOUND AND STAGE
PRODUCTION SERVICES FOR THE HERMOSA BEACH CONCERT
SERIES
(Community Resources Manager Lisa Nichols)
Community Resources Manager Lisa Nichols provided a presentation.
Virtual Public Comment:
Kent Allen
In Person Public Comment:
Jani Lange
Shawn Sedlacek
Matt McCool
Councilmember Jackson provided remarks.
A motion was made by Mayor Pro Tempore Francois, seconded by
Councilmember Detoy to approve a Professional Services Agreement with Vox
Productions for sound and stage production services for the Hermosa Beach
Concert Series for a one-year term through December 31, 2024, with an option to
allow the City Manager to extend for two additional one-year terms at a
not-to-exceed amount of $62,203 per year; and authorize the City Manager 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:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
12. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
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k)REPORT
24-0022
PROSPECT AVENUE SPEED REDUCTION TRAFFIC STRIPING
IMPROVEMENTS
(Public Works Director Joe SanClemente)
Mayor Pro Tem Francois asked various questions.
Director SanClemente and City Manager Lowenthal provided information.
Virtual Public Comment:
Kent Allen
Anthony Higgins
A motion was made by Councilmember Detoy, seconded by Councilmember
Jackson to receive and file an update regarding Prospect Avenue speed
reduction traffic striping improvement measures, which include edge line striping
and bike sharrows along Prospect Avenue from Artesia Boulevard to the southern
City limits. The motion carried by the following vote:
Aye:Mayor Massey, Saemann, Detoy, and Jackson4 -
No:Francois1 -
Absent:0
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January 23, 2024City Council Meeting Minutes - Final
q)REPORT
24-0033
A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING AND RESTATING ADMINISTRATIVE CITATION FINES
FOR VIOLATIONS SUBJECT TO ADMINISTRATIVE CITATION
PROVISIONS
(Community Development Director Carrie Tai)
Councilmember Jackson requested that the short-term vacation violation
provision be pulled for a future discussion.
Mayor Massey asked clarifying questions and requested that the cannabis
fines also be pulled for a future discussion.
City Manager Lowenthal spoke.
City Attorney Donegan spoke.
Community Development Director Tai provided information.
Police Chief LeBaron provided information.
Virtual Public Comment:
Anthony Higgins
A motion was made by Councilmember Jackson, seconded by Councilmember
Detoy to adopt the resolution amending the City's Administrative Fine Schedule
with the exception of the social host and short-term vacation rental fines and
finding the action to be exempt pursuant to the California Environmental Quality
Act. The motion carried by the following vote:
Aye:Francois, Saemann, Detoy, and Jackson4 -
No:Mayor Massey1 -
Absent:0
14. MUNICIPAL MATTERS (CONTINUED)
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January 23, 2024City Council Meeting Minutes - Final
b)REPORT
24-0017
PARKING PERMIT PROGRAM REVIEW AND REFINEMENT
(Finance Director Viki Copeland)
Finance Director Viki Copeland provided a staff report.
Councilmember Jackson asked various questions.
Mayor Pro Tem Francois asked various questions.
Finance Director Copeland provided information.
Public Works Director SanClemente provided information.
Virtual Public Comment:
Matt McCool
Councilmember Jackson provided comments.
Mayor Massey provided comments.
Councilmember Detoy provided comments.
Councilmember Saemann provided comments.
Mayor Pro Tem Francois provided comments.
Community Services Supervisor Carlos Burgos provided information.
Finance Director Copeland provided additional information.
City Attorney Donegan provided comments.
The City Council continued to deliberate on this item.
A motion was made by Mayor Massey, seconded by Councilmember Detoy to
approve staff's recommendation for items 1 through 4; raise the parking permit
price to $60 per year in Section 5; raise the daily lot pass price to $150 for
(12-hour parking) and the 24-hour lot pass to $250; raise the daily metered lot
pass to $12. Mayor Massey amended the motion to remove Section 11 from the
resolution. Councilmember Detoy agreed to the amendment. The motion carried
by the following vote:
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
A motion was made by Mayor Massey, seconded by Councilmember Detoy to
continue items 14 c, f, h, and i to a future meeting, and extend the meeting until
the remaining items are heard. The motion carried by the following vote:
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January 23, 2024City Council Meeting Minutes - Final
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
d)REPORT
24-0050
CITY MANAGER CONTRACT AMENDMENT
AND AWARD OF PERFORMANCE BONUS
(City Attorney Patrick Donegan)
City Attorney Donegan provided a staff presentation.
Mayor Pro Tem Francois provided comments.
City Manager Lowenthal provided comments.
Virtual Public Comment:
Laura Pena
Matt McCool
Anthony Higgins
Councilmember Detoy provided comments.
Mayor Massey provided comments.
Mayor Pro Tem Francois provided comments.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to approve a resolution which approves an amendment to the City
Manager's employment agreement increasing her compensation for her sixth
year of employment and awarding her a one-time performance bonus pursuant
to the terms of her employment agreement. The motion carried by the following
vote:
Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 -
Absent:0
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January 23, 2024City Council Meeting Minutes - Final
e)REPORT
24-0007
APPROVAL OF THIRD AMENDMENT TO AGREEMENT WITH
WILLDAN ENGINEERING FOR ON-CALL STAFF AUGMENTATION
SERVICES FOR COMMUNITY DEVELOPMENT
(Building and Code Enforcement Official Guillermo Hobelman and
Community Development Director Carrie Tai)
Building and Code Enforcement Official Guillemo Hobelman presented the
staff report.
There was no public comment.
Mayor Pro Tem Francois was not present during the roll call vote.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to approve the proposed third amendment to an agreement with
Willdan Engineering for staff augmentation services to increase the
not-to-exceed amount by $120,000, resulting in a total not-to exceed amount of
$295,000; and authorize the Mayor to execute and the City Clerk to attest the
attached third amendment subject to approval by the City Attorney. The motion
carried by the following vote:
Aye:Mayor Massey, Saemann, Detoy, and Jackson4 -
Absent:Francois1 -
f)REPORT
24-0037
DISCUSSION REGARDING THE FEES FOR CONDITIONAL USE
PERMITS (CUP) AND AMENDMENTS TO ENTITLEMENTS FOR
OUTDOOR DINING
(Community Development Director Carrie Tai)
This item was moved to a future meeting.
g)REPORT
24-0036
CONSIDERATION OF A RESOLUTION AMENDING THE RULES OF
CONDUCT OF CITY COUNCIL MEETING AND SUBSIDIARY CITY
BOARDS AND COMMISSIONS
(City Attorney Patrick Donegan)
This item was moved to a future meeting.
c)REPORT
24-0005
CIVIC FACILITIES COMMUNITY ENGAGEMENT PLAN
(City Manager Suja Lowenthal)
This item was moved to a future meeting.
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January 23, 2024City Council Meeting Minutes - Final
h)REPORT
24-0043
DISCUSSION REGARDINGTHE REGULATION OF
BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(City Attorney Patrick Donegan)
This item was moved to a future meeting.
i)REPORT
24-0001
CONSIDERATION OF PLACING A LOCAL CONTROL CITY
SERVICES MEASURE ON THE NOVEMBER 5, 2024 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)
This item was moved to a future meeting.
15. FUTURE AGENDA ITEMS
a)24-0047 TENTATIVE FUTURE AGENDA ITEMS
16. PUBLIC COMMENT
There was no public comment provide for this public comment opportunity.
17. ADJOURNMENT
Mayor Pro Tem Francois provided a eulogy in memory of Debra
Fonoimoana.
Mayor Massey provided a eulogy in memory of Katherine Bergstrom.
Mayor Pro Tem Francois provided a eulogy in memory of Vince Ray.
Mayor Massey provided a eulogy in memory of Jackie Flagherty.
Mayor Massey adjourned the meeting at 12:25 a.m, in memory of Debra
Fonoimoana, Katherine Bergstrom, Vince Ray, and Jackie Flagherty.
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