HomeMy WebLinkAbout08-24-2021 - Agenda Pkg - CC Regular MeetingCity Council
City of Hermosa Beach
Regular Meeting Agenda - Final
City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
Mayor
Justin Massey
Mayor Pro Tem
Michael Detoy
Councilmembers
Stacey Armato
Mary Campbell
Raymond Jackson
5:00 PMTuesday, August 24, 2021
Closed Session - 5:00 P.M.
Regular Meeting - 6:00 P.M.
(Face mask required for all in-person attendance)
Duly Posted on August 19, 2021 at 4:30 p.m. by E.S.
1
August 24, 2021City Council Regular Meeting Agenda - Final
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Page 2 City of Hermosa Beach Printed on 3/26/2024
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August 24, 2021City Council Regular Meeting Agenda - Final
5:00 P.M. - CLOSED SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
COUNCIL CHAMBERS: 1315 Valley Drive, Hermosa Beach (Face mask required for all in-person
attendance)
JOIN VIRTUALLY AT:
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when asked to do so. Comments from the public are limited to 3 minutes per speaker.
RECESS TO CLOSED SESSION
a.21-0508 MINUTES: Approval of minutes of Closed Session held on August 10,
2021.
b.21-0509 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 Frilot v. City of Hermosa Beach, et al.
Case Number: 20TRCV00045, Los Angeles Superior Court
c.21-0510 CONFERENCE WITH LEGAL COUNSEL:
Initiation of Litigation - Government Code Section 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation.
Number of Cases: 1
Page 3 City of Hermosa Beach Printed on 3/26/2024
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August 24, 2021City Council Regular Meeting Agenda - Final
d.21-0511 CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation - Government Code Section 54956.9(d)(2)
A point has been reached where, in the opinion of the City Council on the
advice of its legal counsel, there is a significant exposure to litigation
against the City.
Number of Cases: 1
Notice of Default under Provisions of EWMP Update MOU, Section 10(c)
dated August 5, 2021, from Ted Semann of the City of Redondo Beach
(Notice Attached)
ADJOURNMENT OF CLOSED SESSION
Page 4 City of Hermosa Beach Printed on 3/26/2024
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August 24, 2021City Council Regular Meeting Agenda - Final
6:00 P.M. - REGULAR AGENDA
PUBLIC COMMENT
Hybrid virtual/in-person meetings are held pursuant to Executive Order N-29-20 issued by Governor
Gavin Newsom on March 17, 2020. Members of the public may email comments to
Esarmiento@hermosabeach.gov or submit eComments until 3:00 p.m. on the meeting date.
COUNCIL CHAMBERS: 1315 Valley Drive, Hermosa Beach (Face mask required for all in-person
attendance)
JOIN VIRTUALLY AT:
https://us02web.zoom.us/j/89968207828?pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09
OR PARTICIPATE BY PHONE:
•Toll Free: 833-548-0276
•Meeting ID: 899 6820 7828, then #
•Passcode: 472825
VIRTUAL/PHONE ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS
OPENED. If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line
when asked to do so. Comments from the public are limited to 3 minutes per speaker.
Oral and Written Communication
Persons who wish to have written materials included in the agenda packet at the time the agenda is
published on the City's website must submit the written materials to the City Manager's office by email
(esarmiento@hermosabeach.gov) or in person by noon of the Tuesday, one week before the meeting
date.
Written materials pertaining to matters listed on the posted agenda received after the agenda has been
posted will be added as supplemental materials under the relevant agenda item on the City's website at
the same time as they are distributed to the City Council by email. Supplemental materials may be
submitted via eComment (instructions below) or emailed to esarmiento@hermosabeach.gov.
Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure
Council and staff have the ability to review materials prior to the meeting. Supplemental materials
submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted
online the next day.
Submit Supplemental eComments in three easy steps:
Note: Your comments will become part of the official meeting record. You must provide your full name,
but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you
do not want to be published.
1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on.
Click on the eComment button for your selected meeting.
2. Find the agenda item for which you would like to provide a comment. You can select a specific
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Page 5 City of Hermosa Beach Printed on 3/26/2024
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August 24, 2021City Council Regular Meeting Agenda - Final
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. NATIONAL ANTHEM - Special performance by Charis Rey, Antoinette Gill and
Philip Clark
IV. ROLL CALL
V. CLOSED SESSION REPORT
VI. APPROVAL OF AGENDA:This is the time for the City Council to change the order
in which it takes up items on this agenda, remove and/or continue agenda items and
pull items from the consent calendar for separate consideration.
VII. PUBLIC PARTICIPATION - ORAL AND WRITTEN COMMUNICATION FROM THE
PUBLIC: Although the City Council values your comments, the Brown Act generally
prohibits the Council from taking action on any matter not listed on the posted
agenda as a business item.
a.21-0507 WRITTEN COMMUNICATION
Recommendation:Staff recommends City Council receive and file the written communication.
VIII. PRESENTATION
a.21-0512 CEREMONIAL SWEARING IN OF
COUNCILMEMBER RAY JACKSON
IX. ANNOUNCEMENTS
X. ADJOURNMENT
Page 6 City of Hermosa Beach Printed on 3/26/2024
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August 24, 2021City Council Regular Meeting Agenda - Final
FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:
September 14, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
September 28, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 12, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 23, 2021 - Saturday - Adjourned Regular Meeting:
9:00 AM - City Council Retreat
October 26, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
November 9, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting (Mayor Transition)
November 23, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
December 14, 2021 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
December 28, 2020 - Tuesday - No Meeting (Dark)
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:
September 9, 2021 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting
September 13, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting
September 21, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting
September 15, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting
October 4, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting
October 5, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting
October 19, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting
November 1, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting
November 2, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting
November 16, 2021 - Tuesday - 6:00 PM - Planning Commission Meeting
November 17, 2021 - Wednesday - 6:00 PM - Public Works Commission Meeting
December 6, 2021 - Monday - 6:00 PM - Economic Development Committee Meeting
December 7, 2021 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting
December 13, 2021 - Monday - 6:00 PM - Planning Commission Meeting
CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:
September 6, 2021 - Monday - Labor Day
November 11, 2021 - Thursday - Veteran's Day
November 25, 2021 - Thursday - Thanksgiving Day
Page 7 City of Hermosa Beach Printed on 3/26/2024
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0508
Honorable Mayor and Members of the Hermosa Beach City Council
Closed Session of August 24, 2021
MINUTES: Approval of minutes of Closed Session held on August 10, 2021.
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0509
Honorable Mayor and Members of the Hermosa Beach City Council
Closed Session of August 24, 2021
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 Frilot v. City of Hermosa Beach, et al.
Case Number: 20TRCV00045, Los Angeles Superior Court
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
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Matt McCool
mccool.matt@gmail.com
(310) 486-9696
August 22, 2021
VIA ELECTRONIC MAIL
City Council
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254-3885
RE: Existing Litigation, Case#: 20TRCV00045, Michael Frilot v. City of Hermosa Beach, et al.
Dear Mayor Massey and Honorable City Council:
I am respectfully submitting this supplemental for the August 24, 2021, City Council meeting, closed
session, item b, 21-0509. Legal documents on the background of this litigation are attached. (Exhibit A.)
There are two statements that standout:
• During the promotional process, plaintiff reported false statements made by Lt. Dorothy
Scheid to Chief Papa and his immediate supervisor, the FTO Sergeant.
• The evaluation was manufactured and included false information, which was then used as
a basis to place plaintiff on a “Performance Improvement Plan” (“PIP”).
It appears the origin of this litigation is retaliation for reporting police misconduct. A similar allegation of
retaliation for reporting police misconduct was made in the Ofc. Sellan litigation.
For the record, as a civilian, I am currently being targeted by the HBPD in retaliation for reporting police
misconduct. The retaliation includes trumped-up criminal charges, and false domestic terrorism threats.
Currently, there is still an open personnel complaint against then-Detective Sergeant Scheid for
obstruction of justice, and conspiracy to conceal a crime on a felony aggravated battery case.
Most of the HBPD personnel are honest police officers. However, it is known, there are rogue individuals
within the department that have no regard for the rule of law. In a mid-2017 email, even Councilwoman
Armato admits knowledge of “some bad eggs in our police department over the years.” (Exhibit B.)
In May 2020, Chief LeBaron put out a message on police misconduct. (Exhibit C.) Statements include:
• I want to acknowledge the pain felt by those who have been mistreated at some point in
their lives at the hands of the police.
• I am saddened by the inappropriate actions of law enforcement officers and those who have
taken an oath to uphold public safety and people’s constitutional rights. The loss of one’s
dignity through the misuse of power is an injustice.
However, with the recent exoneration of Lt. Phillips to coverup his misconduct, it is apparent the City of
Hermosa Beach needs an independent Civilian Oversight Commission. https://coc.lacounty.gov/
Fiat justitia,
Matt McCool 10
Exhibit A
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MICHAEL FRILOT VS CITY OF HERMOSA BEACH, A
MUNICIPAL CORPORATION, ET AL.
Case No.: 20TRCV00045 Track This Case
Superior Court of California
County of Los Angeles
Southwest District
Torrance Dept. M
MICHAEL FRILOT, Plaintiff,
Case No.: 20TRCV00045 vs. [Tentative] RULING
CITY OF HERMOSA BEACH, et al., Defendants.
Hearing Date: September 3, 2020
Moving Parties: Defendants City of Hermosa Beach, Hermosa Beach Police Department, and Suja
Lowenthal
Responding Party: Plaintiff Michael Frilot
Motion to Bifurcate Plaintiff’s Mandamus Proceedings and POBR Claims from Plaintiff’s Labor Code
Section 1102.5 Cause of Action
The court considered the moving, opposition, and reply papers.
RULING
The motion is GRANTED as to bifurcation. The causes of action for writ of mandamus and POBR
are bifurcated for trial from the cause of action under Labor Code §1102.5. The motion is DENIED
as to staying the Labor Code §1102.5.
BACKGROUND
On January 15, 2020, plaintiff Michael Frilot filed a complaint against defendants City of Hermosa
Beach, Hermosa Beach Police Department, and Suja Lowenthal, City Manager for (1) violation of
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POBRA, (2) declaratory relief, and (3) Labor Code §1102.5. Plaintiff alleges that he is a sworn police
officer with the HB Police Department. During his career, he has not been subject to any disciplinary
actions and was assigned as a Field Training Officer and was on the Acting Watch Commander list.
Complaint, ¶1. Plaintiff completed and passed all relevant promotional examinations and was
promoted to the position of Police Sergeant by now retired Chief Sharon Papa, on April 1, 2018. Id.,
¶2. During his time as a Sergeant, he performed in a manner that generally met standards and was
continually given special assignments. Id., ¶3. During the promotional process, plaintiff reported false
statements made by Lt. Dorothy Scheid to Chief Papa and his immediate supervisor, the FTO
Sergeant. Thereafter, Lt. Scheid and Captain Milton McKinnon orchestrated actions to circumvent
Chief Papa’s promotional decision and remove plaintiff from his sergeant position. Id., ¶4.
Plaintiff further alleges that Scheid and McKinnon immediately began treating plaintiff differently from
other probationary sergeants. For example, while promotional probationary periods usually include
quarterly evaluations, plaintiff’s performance was either so good that they did not see the need to
conduct a written evaluation of him, or they purposely held the first evaluation until ninety days after
it was due in order to generate a false evaluation. Even when he was presented with the evaluation,
McKinnon held it for 40 days after it was written so that plaintiff would not have the opportunity to
challenge and/or correct any claimed deficiencies. Id., ¶6. In December 2018, Lt. Scheid and
McKinnon presented plaintiff with a second evaluation that covered both the second and third
quarter of his promotional probationary period. The evaluation was manufactured and included false
information, which was then used as a basis to place plaintiff on a “Performance Improvement Plan”
(“PIP”). Id., ¶8. Plaintiff subsequently submitted a four-page rebuttal to the two quarter evaluation.
Id., ¶10.
Plaintiff also alleges that while the PIP would normally result in regular meeting between the
supervisor and subject officer, plaintiff did not have such meeting. Rather, plaintiff did self-
assessments on the PIP. Scheid indicated that she was impressed with plaintiff’s performance and
told him to do a great job. Id., ¶11. She subsequently met with plaintiff to recommend that he
apologize to McKinnon, which he did. McKinnon rejected the apology. Id., ¶12. On March 11, 2019,
without any prior approval and without any apparent authority, McKinnon demoted plaintiff back to
the rank of officer. Id., ¶13. The punitive action and/or denial of promotion was for reasons other than
merit, and plaintiff was not afforded an opportunity for administrative appeal. Id., ¶14. McKinnon also
placed him on paid administrative leave for two days, ordering him to leave immediately. Id., ¶15.
The following day, McKinnon removed plaintiff form the Acting Watch Commander list, reducing
plaintiff’s salary even though it is believed that McKinnon had allowed officers with less seniority than
plaintiff and at least one officer that was under criminal investigation by the FBI to serve in the Acting
Watch Commander capacity. Id., ¶16.
Plaintiff also alleges that he filed formal complaints. Id., ¶20. In August 2019, the City Manager for
the City of Hermosa Beach initiated an administrative investigation of plaintiff’s complaints, but
instead of hiring a fair and impartial investigator, the City hired the law firm of Best, Best & Krieger to
conduct the investigation. This firm employs the City Attorney, who provides legal advice to the city.
Id., ¶21.
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Exhibit B
14
From: Councilmember Stacey Armato <sarmato@hermosabch.org>
Sent Redacted
To: Melanie Chavira
Cc: Sergio Gonzalez; Michael Jenk i ns; CHIEF Sharon Papa
Subject Redacted
Where can we read the judge's opinion? I'm still left confused and would like to read how
the judge formed his /her opinion.
I think it's fair to assume all sorts of possibilities-whatever the case is, it's a problem. If it
was accidental or intentional photo deletion, we need to :fix what went wrong
and do better next time.
I don't think it's fair or professional to scold us for assuming anything. Maybe I've seen us
sued too many times but I don't think it's prudent to discount any possibility.
We've had some bad eggs in our police department over the years (although
the Chief has done a great job fixing that) and it's a fair question to pose.
Sent from my iPhone
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Exhibit C
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by Paul LeBaron
Police Chief, City of Hermosa Beach
[Editor’s note: The following statement was released Saturday on
social media]
As your Chief of Police, and a 27 -year veteran of the law enforcement
profession, I feel compelled to speak publicly about the current
sentiment towards law enforcement expressed throughout our country.
I want to acknowledge the pain felt by those who have been mistreated
at some point in their lives at the hands of the police. The recent events
involving law enforcement and communities of color do not reflect my
values, or the values of the men and women of the Hermosa Beach
Police Department. I am saddene d by the inappropriate actions of law
enforcement officers and those who have taken an oath to uphold public
safety and people’s constitutional rights. The loss of one’s dignity
through the misuse of power is an injustice. The loss of life for the
same rea son is a tragedy .
The Hermosa Beach Police Department is not immune to the current
conversations taking place in our country. Our employees love this
community and respect the oath they took as police officers, security
officers and support staff. We sta nd ready to serve our community and
embrace the recent tragedies as an opportunity to learn and improve. I
encourage each person reading this to consider how you may make a
difference in your circle of influence. I encourage you to engage in
conversation w ith others and avoid divisive actions .
The Hermosa Beach Police Department is committed to the law
enforcement code of ethics, which begins with the following directive.
“As a law enforcement officer, my fundamental duty is to serve the
community; to saf eguard lives and property; to protect the innocent
against deception, the weak against oppression or intimidation and the
peaceful against violence or disorder; and to respect the constitutional
rights of all to liberty, equality, and justice.” We also adh ere to Sir
Robert Peel’s Principles of Policing which includes the idea that “Police,
at all times, should maintain a relationship with the public that gives
reality to the historic tradition that the police are the public and the
public are the police.”
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I am proud to be a part of a community that is united while respecting
the individual differences in each person. I am proud to be a member of
a Police Department that earns the respect of its residents on a daily
basis. I am proud of the men and women of the Hermosa Beach Police
Department who work around the clock to keep our city safe. I am
proud of their values and their acknowledgement that true public
service is not conducive of the recent images seen in the media .
This past week I have personally watched my officers handle dangerous
and challenging situations that could have yielded tragic results. The
difference was that the men and women of the Hermosa Beach Police
Department were led by strong supervisors, they adhered to their
professional trai ning and used specialized equipment that resulted in
the humane and professional treatment of those who posed a threat to
public safety. We are here to serve you and thank you for the ongoing
support we have received during these challenging times. I look forward
to our ongoing partnership as we solve problems together .
18
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0510
Honorable Mayor and Members of the Hermosa Beach City Council
Closed Session of August 24, 2021
CONFERENCE WITH LEGAL COUNSEL:
Initiation of Litigation - Government Code Section 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local agency has decided to
initiate or is deciding whether to initiate litigation.
Number of Cases: 1
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0511
Honorable Mayor and Members of the Hermosa Beach City Council
Closed Session of August 24, 2021
CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation - Government Code Section 54956.9(d)(2)
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel,
there is a significant exposure to litigation against the City.
Number of Cases: 1
Notice of Default under Provisions of EWMP Update MOU, Section 10(c) dated August 5, 2021, from
Ted Semann of the City of Redondo Beach (Notice Attached)
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
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21
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0507
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of August 24, 2021
WRITTEN COMMUNICATION
Recommended Action:
Staff recommends City Council receive and file the written communication.
Attachments:
1.Email from Tony Higgins submitted August 14, 2021
2.Email from Tony Higgins submitted August 14, 2021
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
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From:tony higgins
To:Eduardo Sarmiento
Subject:Clean version for inclusion in city council and public works commission meeting...
Date:Wednesday, August 18, 2021 10:13:10 PM
PLEASE DISREGARD PREVIOUS VERSIONS
START WRITTEN COMMUNICATION
Mayor Massey,
HB City Council Members,
HB Public Works Commission
I sent the the attached email to the HBPD asking why the Engineering Traffic Survey (ETS)
that allows the city to use radar enforcement to deter speeding vehicles and trucks was allowed
to expire and how that benefits residents on busy residential collector roads.
The city let the ETS expire without public notice or input as far as I know.
I asked the HBPD the following questions without a reply 10 days ago.
Can you [HBPD] please tell me why these ETS surveys were allowed to expire (eg worries
about speed inflation) and if the city plans to redo the surveys?
How does NOT being able to deploy radar or lidar speed enforcement benefit the residents [on
busy local collector roads] throughout the city?
The city seems to have a serious problem deterring speeding vehicles on our residential
collector roads and deterring aggressive rolling stops at stop signs and school safe crosswalks.
I believe the resources and tools to accomplish this just haven’t been provided.
But that’s what happens when the city implements something like the single lane
configuration on Pier Ave, the city’s only east west truck route that runs from PCH to
Hermosa Ave and also serves as the busiest east west commuter route WITHOUT A CEQA
REVIEW!
You can ignore the significant impacts and you don’t have to come up with mitigation
strategies.
And no one in their right mind can deny the single lane configuration has a possibility of
significant impact spillover into residential areas.
Anyway here is the ETS URL:
http://hermosabeach.granicus.com/MetaViewer.php?
23
view_id=6&clip_id=4309&meta_id=297069
On the positive side I do greatly appreciate that the city put up mobile signs saying “No
Modified Exhaust Vehicles.
I would like to know if the city has been able to deploy a relatively effective enforcement
strategy especially on our busy local collector roads.
Thank You
Anthony Higgins
ATTACHED MESSAGE
From: tony higgins >
Date: August 8, 2021 at 5:19:50 PM PDT
To: HBPD
Cc: City Council <citycouncil@hermosabeach.gov>
Subject: Engineering Traffic Surveys - EXPIRED
I understand the Hb Engineering Traffic Surveys (ETS) in the url below were allowed to
expire after 5 years even though I’m told they could have been extended to 7 and possibly
even 10 years.
http://hermosabeach.granicus.com/MetaViewer.php?
view_id=6&clip_id=4309&meta_id=297069
As a consequence I’m told radar and/or lidar enforcement on Gould, 27th street and
Hermosa Ave IS NO LONGER LEGAL.
Can you please tell me why these surveys were allowed to expire (eg worries about speed
inflation) and if the city plans to redo the surveys?
How does not being able to deploy radar or lidar speed enforcement benefit the residents of
these streets?
As everyone in Hb knows we have a real safety and quality of life problems with speeding
vehicles in Hermosa; and speeding vehicles screaming up and down narrow steep residential
streets like 27th.
Gould and Hermosa Ave are not much better.
I’m woken up several times a week between 11pm and 1Am by these modified exhaust
vehicles that seem to descend on our street in packs violating any reasonable noise and speed
limits.
24
Slow the vehicles down and there is less noise and pollution.
Thank you
Anthony Higgins
25
From:
To:
Cc:
Subject:
Date:
tony higgins
Eduardo Sarmiento
City Council; Michael Jenkins; info@da.lacounty.gov; Eduardo Sarmiento; Angela Crespi; Suja Lowenthal
Covid Criminal Prosecution - Hermosa Beach
Saturday, August 14, 2021
Dear City Clerk Sarmiento.
Please include this as a written communication to the city council at the next regular open
session.
Thank you
Anthony Higgins
START WRITTEN COMMUNICATION
Friday August 13, 2021
Dear City Council, the following summarizes an exchange I had with HBPD Chief LeBaron
and I believe it reflects poorly on the department and city as a whole.
I respectfully request you direct Chief LeBaron to honor his commitment and answer my
questions below.
Thank you
Anthony Higgins
Chief LeBaron,
Relating to my email (below) and my assertion that criminal charges should be filed against
the city manager for subverting and evading the LA County outdoor dining ban you say and I
quote:
“We have thoroughly reviewed your complaint and
concerns. After careful review of the information
you provided, we have determined that there is
insufficient evidence of criminal actions....“
“The Hermosa Beach Police Department remains
available for any questions [or] follow up
information you wish to provide.“
26
But when I took the time to prepare my questions you changed your
story and said:
Mr. Higgins, our investigators are not available for a meeting on this
topic and no further investigation is being done at this time. Thank
you.
This is exactly what I have come to expect from the city leaders.
Lip service and promises you don’t keep and then slam the door on
any followup.
So I will repeat my questions, this time for the public record:
QUESTION 1:
Chief LeBaron you said “ WE...[have] determined there is insufficient
evidence of criminal actions....
Who is WE?
QUESTION 2:
What charges were considered if any and what “elements” of those
laws were not satisfied.
QUESTION 3:
Which of the 24 allegations enumerated below in the attached email
do you contend are factually inaccurate?
Thank you
Anthony Higgins
July 12, 2021
27
To: HB Police Chief Paul LeBaron
From: Anthony Higgins
Subj: Covid Crime Prosecution
START
L.A. County’s outdoor dining ban went into effect November 25th
2020.
The evidence seems to say the Hermosa Beach City Manager and
City Councilmen acted in a criminally negligent and reckless manner
by (1) intentionally evading and circumventing the November 25th
2020 LA County Covid health order banning outdoor dining during
the peak of the pandemic.
City officials did so by (2) continuing to provide public space for
restaurant owners to place their dining tables immediately adjacent to
their restaurants, (3) thereby allowing outdoor dining to continue
unabated, (4) against the advice of the city’s BCHD medical experts
and in direct violation of the health order.
In so doing, the evidence is the City of Hermosa Beach officials
recklessly (5) increased the danger of death and great bodily
harm to seniors and other at-risk populations in Hermosa Beach
and surrounding communities.
The law surrounding LA County health orders was clear:
(6) The Hermosa Beach City Manager and City Council could
only strengthen the health orders based on unique risks in our
city; they could not allow city actions that weakened the LA
county health orders.
(7) This was discussed openly in city council meetings and is
contained in the health orders themselves.
In addition to the alleged subversion and evasion of the outdoor
dining ban, (8) the actions by the city manager and city council sent
the message that residents should ignore medical experts during the
pandemic peak.
This too seemed reckless and irresponsible because it (9) sent the
message that if any city officials or resident disagreed with the
reasoning and precautions being ordered by the county medical
experts it was ok to ignore and evade those orders.
(10) Purposely facilitating and/or allowing the transmission of
28
any potentially life-threatening communicable disease (such as
HIV, Hepatitis C, or Covid) would seem to meet the legal
standard for aggravated assault.
(11) Aggravated assault is defined as “assault causing serious bodily
injury” and is a felony in most cases.
If convicted of felony aggravated assault prison sentences typically
run for at least a few years. A lawyer convicted of felony aggravated
assault may be disbarred.
There are five aggravating factors that I believe police investigators
and the district attorney must take into consideration when deciding
on the charges and whether to prosecute.
1. (12) Did the actions taken by the HB city manager and city
council subvert essentially EVADE the county’s Covid health
orders (13) during the peak of the pandemic, (14) when
people were dying at record rates in our local hospitals and
(15) ICU’s were overwhelmed with grievously injured, and
desperately sick patients? (16) At that time there was no spare
ICU capacity and (17) any increase in the number of sick was
likely to impact the quality of care being provided.
Does the city claim any part of item 1 is not true? If so please specify which
items.
2. (18) Did the city actions evade and subvert the county health
order at a time when medical staff all across LA county were
pleading for help and support from our local community and
city officials, and (19) when LA County was the nation’s
epicenter for Covid transmission?
Does the city claim any part of item 2 is not true? If so please specify which
items.
3. (20) On December 29, 2020 after receiving several warnings
from the LA County Health Department, the Manhattan Beach
city council shut down the practice of providing public space to
circumvent the dining ban. (21) Did Hermosa Beach city
officials ignore those well publicized warnings and continue to
provide public space for restaurant owned tables well into
January?
4. (22) Were the city council and city manager fully aware that
Hermosa Beach restaurants were violating the November 25,
2020 health order but still refuse to take effective action to shut
down any illegal and/or criminal evasion of the health order?
5. (23) Most seriously, did the Hermosa Beach city manager and
city council allow restaurant owners to continue placing their
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tables on public city owned space adjacent to their restaurants
to evade the outdoor dining ban (24) and was this done against
the advice of their own BCHD health experts?
I believe the public record I’ll show the answer to all these questions
is “YES” and if so, the actions of the Hermosa Beach City Manager
and City Council demand prosecution to deter future subversion and
evasion of health orders.
The county is now facing a great deal of uncertainty going forward
with Covid including the delta & delta+ variants and a clear &
unambiguous message must sent to city officials across LA county
that subverting or evading LA County health orders will not be
tolerated.
400,000 + American lost their lives unnecessarily in the first 3 waves
of the pandemic according to a recent Brookings Institute, in part
because cities across the nation did not take health orders seriously,
and the number deaths and grievous injuries is still growing.
We are now facing a 4th wave with the delta variant.
City Officials May disagree with the actions required in a health
order does but that did not give them the right to evade the health
order and that message must be sent loud & clear by the prosecution
of these allegations.
Thank You
Anthony Higgins
END WRITTEN COMMUNICATION
Note: I have many date/timestamped pictures of outdoor dining
during the ban that I can provide upon request.
30
From:noreply@granicusideas.com
To:Eduardo Sarmiento; Suja Lowenthal; City Council; Angela Crespi
Subject:New eComment for City Council Hybrid Meeting - Closed Session - 5:00 P.M.=0ARegular Meeting - 6:00
P.M.=0A(Face mask required for all in-person attendance)=0ADuly Posted on August 19, 2021 at 4:30 p.m. by E.S.
Date:Tuesday, August 24, 2021 12:55:44 PM
SpeakUpNew eComment for City Council Hybrid Meeting -Closed Session - 5:00 P.M. Regular Meeting - 6:00P.M. (Face mask required for all in-personattendance) Duly Posted on August 19, 2021 at4:30 p.m. by E.S.
Kent allen submitted a new eComment.
Meeting: City Council Hybrid Meeting - Closed Session - 5:00 P.M. Regular Meeting - 6:00 P.M.
(Face mask required for all in-person attendance) Duly Posted on August 19, 2021 at 4:30 p.m.
by E.S.
Item: a. 21-0507 WRITTEN COMMUNICATION
eComment: I may not be able to call into the meeting tonight, but I would appreciate it if
someone could explain why Raymond Jackson was sworn in on May 27th, 2021, and then again
on June 8th, 2021? Is there now another swearing-in tonight? Also, Raymond Jackson said it
was all his idea to be sworn in early, then City Attorney Jenkins said it was all his idea? Can
someone please explain? Lastly, I noticed some "chatter" about a party for Raymond Jackson
tonight at Stanton (844 Hermosa Ave) tonight on the Facebook Page "ADVOCATES FOR
HERMOSA BEACH." Is this a closed event? Hopefully, Jenkins can explain this, but if not I
suppose I can be at Stanton to ask. Something just doesn't smell right. Please explain.
View and Analyze eComments
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
21-0512
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of August 24, 2021
CEREMONIAL SWEARING IN OF
COUNCILMEMBER RAY JACKSON
City of Hermosa Beach Printed on 11/29/2023Page 1 of 1
powered by Legistar™32
You’re invited to the
ceremonial swearing-in of
Councilmember
Ray Jackson
A reception following the ceremony will be held at
The Stanton HB, 844 Hermosa Avenue, Hermosa Beach
Please email anny@hermosabeach.gov to RSVP
Tuesday, August 24, 2021 at 6:00 p.m.
Council Chambers, 1315 Valley Drive, Hermosa Beach
or view the livestream event on:
City’s Local Access TV, Website, or YouTube Channel
33