CITY OF HERMOSA BEACH
CITY COUNCIL
Regular Meeting Agenda

Tuesday, August 26, 2025

Closed Session - 5:00 PM and Open Session - 6:00 PM

Council Chambers

1315 Valley Drive

Hermosa Beach, CA 90254

CITY COUNCIL
Rob Saemann, Mayor  
Mike Detoy, Mayor Pro Tem
Ray Jackson, Councilmember 
Michael D. Keegan, Councilmember
Dean Francois, Councilmember

David Pedersen, City Treasurer

APPOINTED OFFICIALS
Steve Napolitano, Interim City Manager
Todd Leishman, Interim City Attorney 

EXECUTIVE TEAM
Brandon Walker, Administrative Services Director
Myra Maravilla, City Clerk
Alison Becker, Community Development Director
Lisa Nichols, Community Resources Director
Landon Phillips, Police Chief 
Joe SanClemente, Public Works Director 
 

 

 

 

 

 

 

 

 

 

AMERICANS WITH DISABILITIES ACT OF 1990 - To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at [phone] or at at least 48 hours before the meeting. 

 

PARTICIPATION AND VIEWING OPTIONS  

Hermosa Beach City Council meetings are open to the public and are being held in person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254 and via teleconference/Zoom at the Businesses Center at the Island Palms Best Western at 2051 Shelter Island Drive, San Diego, CA 92106. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: 

 

• Zoom: https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT092
• Phone: Toll Free: [phone]; Meeting ID: 899 6820 7828, then #; Passcode: 472825
• Comment:  Submit an eComment no later than three (3) hours before the meeting start time.
• Supplemental Email: Supplemental emails are available for agenda items only and must be sent to . Supplemental emails should indicate the agenda item and meeting date in the subject line and must be received no later than three (3) hours before the meeting start time. Emails received after the deadline but before the meeting ends will be posted to the agenda the next business day. Writings distributed to all, or majority of all, of the City Council after the agenda has been posted shall be available for inspection at the City Clerk's Office located at 1315 Valley Drive, Hermosa Beach, CA 90254 during regular business hours.

Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure your public participation.  

 

Similarly, as a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and not guaranteed to be technically feasible. Thus, in order to guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. 

 

• Cable TV: Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach 
• YouTube: https://www.youtube.com/c/CityofHermosaBeach90254 
• Live Stream: www.hermosabeach.gov/agenda
• Cablecast App: Available on supported devices and smart TVs

If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. 

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1.

CLOSED SESSION—CALL TO ORDER 5:00 PM

2.

ROLL CALL

3.

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA

This Public Comment period is limited to Closed Session agenda items only. Public Comment is limited to three (3) minutes per speaker.

4.

RECESS TO CLOSED SESSION

4.a

MINUTES: Approval of minutes of Closed Session held on July 22, 2025

4.b

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. (1 case)

Name of Case: Todd Koerner v. City of Hermosa Beach et al.
Case Number: 25STCP00891
Date of Filing: March 7, 2025

4.c

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. (2 cases)

Name of Case: Jonathan Cruz v. City of Hermosa Beach 
Case Number: EDCV 23-2593 JGB (DTBx)
Date of Filing: March 1, 2023

Name of Case: Jonathan Cruz v. City of Hermosa Beach 
Case Number: 22STRCV01015
Date of Filing: December 5, 2022

5.

OPEN SESSION—CALL TO ORDER 6:00 PM

6.

PLEDGE OF ALLEGIANCE

7.

ROLL CALL

8.

CLOSED SESSION REPORT

9.

ANNOUNCEMENTS—UPCOMING CITY EVENTS

10.

APPROVAL OF AGENDA

This is the time for the City Council to discuss any changes to the order of agenda items.

• Recommended Action:

  To approve the order of the agenda.

11.

PROCLAMATIONS / PRESENTATIONS

12.

CITY MANAGER REPORT

13.

PUBLIC COMMENT

Justin Massey

Mr. Mayor: I respectfully request that you cure and correct the Council's consideration of the agreement with Kiwanis for the tree lot at the Community Center. On July 22, 2025, you pulled the Kiwanis agreement from the consent calendar, advocated for waiving storage fees for Kiwanis (without a prior request to or report from City staff), and deliberated on and voted for the fee waiver, all without disclosing your role as a board member and president-elect of Kiwanis. Disclosure of Councilmembers' personal interests in items before the Council is often required by the Brown Act and helps ensure the public trusts that the Council manages the City's affairs for the benefit of the entire community, rather than for the benefit of those with close relations to or shared interests with Councilmembers. Whether or not your actions were inadvertent, your actions regarding the Kiwanis agreement could cause your constituents to question whether the fee waiver serves the community. I request that you cure and correct this Council action, by bringing it back for reconsideration with disclosure of your interests in Kiwanis and a staff report on the pros and cons of the requested fee waiver for this commercial activity by Kiwanis. Doing so will benefit the Council and the constituents it serves. Thank you.

Howard Lee

Council, City Clerk, Staff and others: Council Resolutions, all of them, originals, amended, etc., all of them, all of them, all of them, going way, way back need to all be placed on the City’s website by number order, for the public as well as the major search robots, Google, etc., to access. The council enacts, or amends Resolutions at almost every meeting. I actually heard a councilmember state once that they don’t want to know about Resolutions that are present for fear they would expose something they or someone was doing wrong. A prior city attorney who wrote an adopted Resolution regarding council-meeting policy sat quietly buy while a later council went on to violate that Resolution. It’s time for all adopted Council Resolutions to come from out from the shadows and deep holes at City Hall and be posted where the public can review them as desired; and where they can also be easily accessed by staff and the council members. Stop hiding Council Resolutions, and for that matter stop adopting so many willy-nilly. They are typically numbered by a year-number followed by a dash number. Thank You. Howard Lee

Robert Aronoff

Now that election fairness has almost everyone’s attention, there is no better time to consider Rank Choice Voting (RCV). Hermosa Beach’s current election proceedurees deprive voters of meaningful choices, create increasingly toxic campaign cycles, advance candidates who lack broad support. It leaves voters feeling like their voices are not heard. Ranked Choice Voting is the solution. Ranked choice voting (RCV) makes our elections better by allowing voters to rank candidates in order of preference. RCV is straightforward: Voters have the option to rank candidates in order of preference: first, second, third and so forth. If your first choice doesn’t have a chance to win, your ballot counts for your next choice. RCV works in all types of elections and supports more representative outcomes. RCV means better choices, better campaigns, and better representation. RCV reduces problems like vote-splitting, so-called “spoiler” candidates and unrepresentative outcomes that can arise when more than two candidates run for a single position. With RCV, voters can sincerely rank candidates in order of preference. Voters know that if their first choice doesn’t win, their vote automatically counts for their next choice instead. This frees voters from worrying about how others will vote and which candidates are more or less likely to win.

This is the time for members of the public to address the City Council on any items within the Council's jurisdiction and on items where public comment will not be taken (City Manager Reports, City Councilmember Comments, Consent Calendar items not pulled for separate consideration, and Future Agenda Items). If public comment is provided on Public Hearing or Municipal Matter items, public comment on the same item(s) will not be accepted when the item(s) are heard at a later part of the meeting.

The public is invited to attend and provide public comment. Public comments are limited to two minutes per speaker and shall only be taken from those present in City Council Chambers. No remote public comment will be taken during this time unless required by the Brown Act. A total of thirty minutes will be allocated to this initial public participation item. This time allotment may be modified due to time constraints at the discretion of the Mayor or City Council. Another period is also reserved for general comment later in the meeting for those who could not be heard at this time.

No action will be taken on matters raised during public comment, except that the Council may take action to schedule issues raised during public comment for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. Members of the audience will have a future opportunity to speak on items pulled from the Consent Calendar for separate discussion, Public Hearings, and Municipal Matters when those items are heard.

14.

CITY COUNCILMEMBER COMMENTS

14.a

UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES

15.

CONSENT CALENDAR

The following matters will be acted upon collectively with a single motion and vote to approve with the majority consent of the City Council. Councilmembers may orally register a negative vote on any Consent Calendar item without pulling the item for separate consideration before the vote on the Consent Calendar. There will be no separate discussion of these items unless a Councilmember removes an item from the Consent Calendar, either under Approval of the Agenda or under this item before the vote on the Consent Calendar. Items removed for separate discussion will be provided a separate public comment period.

• Recommended Action:

  To approve the consent calendar.

15.a

WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA

Recommended Action: 
Staff recommends City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

15.b

CITY COUNCIL MEETING MINUTES - 25-CCO-034

Howard Lee

This item's Attachment-1 has a meaningless esoteric title for the Public viewing same. The correct tile of Attachment-1 should simply be "Staff Report with Recommendation" to remind the public to perhaps review the "Staff report". Also somewhere on the agenda it should clearly indicate to Click or Tap on each item to be sure to be aware that there is a Staff Report and or public eComments. Having the tiny meaningless eScribe icons is insufficient for the lay public not regularly viewing agendas. Thank You.

(City Clerk Myra Maravilla)

• Recommended Action:

  Staff recommends City Council approve the minutes of the July 22, 2025, Regular Meeting and the July 22, 2025, Special Meeting.

15.c

CHECK REGISTERS - 25-AS-066

Howard Lee

This item's Attachment-1 also has a meaningless, esoteric title for the Public viewing same. The correct tile of Attachment-1 should simply be "Staff Report with Recommendation" to remind the public to perhaps review the "Staff report". Essentially every item on this agenda also has a meaningless title for the item’s Attachment-1. Attachment-1 of each item should clearly be labeled as the “STAFF REPORT”. I’ve heard people read me the agenda item’s text and asking what it meant. They had ZERO idea that there was a Staff Report. Hopefully this is not intentional to hide the Staff Reports from the public. The Staff Report for each item needs to be clearly identified as it was years ago. Also somewhere on the agenda it should clearly indicate for the public to Click or Tap on each item to be sure to be aware that there is a Staff Report, other materials, and or public eComments. Having the tiny meaningless eScribe icons is insufficient for the lay public who may not regularly be viewing agendas. Thank You.

(Administrative Services Director Brandon Walker)

• Recommended Action:

  Staff recommends City Council receive and file the check registers for the period of July 16, 2025, through August 13, 2025. The Administrative Services Director certifies the accuracy of the demands.

15.d

PLANNING COMMISSION MEETING MINUTES - 25-CDD-110

Scott Hayes

Honorable Members of the Hermosa Beach City Council, I am writing to respectfully request that you reconsider Item 7.a from the July 28th Special Planning Meeting Minutes. I believe the Planning Commission did not adequately address the parking requirements for the proposed project at 54 Hermosa Avenue. The project is a mixed-use development with ground-floor commercial space and two residential units on the upper levels. One of the residential units is designated as an Accessory Dwelling Unit (ADU), a designation that effectively exempts it from the parking and open space requirements that a standard two-unit building would face. As a result, this project will only provide three of the five parking spaces that would be required under a conventional two-unit classification. While I understand that this is largely a result of the State's ADU legislation, its application in this instance will result in a significant parking shortfall that negatively affects the public. Furthermore, I contend that Section 1, Item 4 of Resolution 25-09 is inaccurate in its assertion that the project's characteristics are "compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity." The approved commercial space is designated as retail, yet the predominant use of neighboring properties is office space. Properties at 30, 34, 44, and 60 Hermosa Avenue are all approved for office space. It is a reasonable and foreseeable that the commercial space at 54 Hermosa Avenue will be occupied by an office tenant, a use that necessitates additional parking. There are 5 parking spaces next door at 60 Hermosa Ave and it is a single residential unit with only 3 bedrooms and a smaller commercial space. The commercial spaces at 30, 34, and 44 Hermosa Ave have a total of 7 parking spaces in addition to the spaces reserved for the residents. If this project is permitted to proceed as currently approved, it will introduce two residential units with a total of four bedrooms and nearly 1,000 square feet of commercial space, all served by only three on-site parking spaces. This deficit will inevitably force residents, visitors, and customers to use the already scarce street parking, negatively impacting the quality of life for nearby residents. I urge the City Council to review this project and require that parking be provided to adequately accommodate the reasonably foreseeable future use of the commercial space. It is critical that this issue be addressed now. If the project is built as currently shown and an office tenant moves in, the City will have no recourse to force the Owner to install additional parking. Thank you for your time and consideration of this critical matter. Scott Hayes

(Community Development Director Alison Becker)

• Recommended Action:

  Staff recommends City Council receive and file the action minutes of the Special Meeting of July 28, 2025 and the Regular Meeting of August 19, 2025. 

15.e

PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS - 25-CDD-115

(Community Development Director Alison Becker)

• Recommended Action:

  Staff recommends City Council receive and file the tentative agendas for the September 8, 2025, Special Meeting and the September 16, 2025, Regular Meeting.

15.f

PARKS, RECREATION, AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING MINUTES - 25-CR-061

Howard Lee

This item's Attachment-1 has an esoteric title "PR Minutes 7-01-2025 - 25-CR-061.pdf". The correct tile of this attachment should simply be "Staff Report with Recommendation". Commission agendas seem to identify the Staff Report correctly however Council Agendas do not. This is very confusing to the public. Kindly correct in the future.

Anthony Higgins

Dear City Council, Inaddition to the reasons cited in my earlier post, there is one more reason i believe all council and commsion meeting agendas should include a future agenda items calendar. The agenda can come out as little as 72 hours before the meeting. Since the parks commission meeting excludes a future agenda items calendar it doesnt allow residents nor the commissioners the best opportunity to adequately prepare. 72 hours advance notice is simply not enough, especially since many times the date the future agenda item will be heard is known many months in sdvance. There is simply no good reason i can think of for the city council and planning commission to have future agenda items tentatively scheduled for hearings AND for the parks commission not to do the same. It would also allow commissioners and the public to push for earlier hearing dates if warranted. Consistency matters. Thanks th

Anthony Higgins

Dear City Council, The Planning Commission and City Council meeting agenda always include a Future Agenda items calendar. The parks commission has many items that should be listed on a future agenda items calendar like dog parks, pools, additional pickleball courts, the approval if their new management software, upcoming contract negotiations and on and on. obviously maintaining a future agenda items calendar is a best practice i hope this consistency can be achieved across all councill & commission meetings thanks th

(Community Resources Director Lisa Nichols)

• Recommended Action:

  Staff recommends City Council receive and file the action minutes of the July 1, 2025, Regular Meeting.

15.g

CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF AUGUST 18, 2025 - 25-PW-051

(Public Works Director Joe SanClemente)

• Recommended Action:

  Staff recommends City Council receive and file the Capital Improvement Program Status Report as of August 18, 2025.

15.h

ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE OCEAN PROTECTION COUNCIL FOR SEA LEVEL RISE ADAPTION PLAN AND VULNERABILITY ANALYSIS AND EXECUTE A GRANT AGREEMENT - 25-CMO-054

(Environmental Programs Manager Douglas Krauss)

• Recommended Action:

  Staff recommends City Council:

  1. Adopt a Resolution to accept $583,307 from Senate Bill 1 Sea level rise adaptation planning grant funds from the Ocean Protection Council (OPC) for the implementation of a Sea Level Rise Adaptation Plan (SLRAP) and a Vulnerability Analysis (VA); and 
  2. Authorize the City Manager to execute the grant agreement and the City Clerk to attest, subject to approval by the City Attorney. 

15.i

LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR MAY 2025 - 25-CMO-052

Howard Lee Typo Correction

RESUBMITTING TO Include the missing word "NOT" below. Thank You. This significant item's Attachment-1 additionally has a meaningless, esoteric title for the Public viewing same. Why is this Attachement-1 NOT clearly labeled as the “Staff Report”? The correct tile of Attachment-1 should simply be "Staff Report with Recommendation" with or without additional wording to remind the public to perhaps review the "Staff report". Essentially every item on this agenda also has a meaningless title for the item’s Attachment-1. Attachment-1 of each item should clearly be labeled as the “STAFF REPORT”. I’ve heard people read me the agenda item’s text and asking what it meant. They had ZERO idea that there was a Staff Report. Hopefully this is not intentional to hide the Staff Reports from the public. The Staff Report for each item needs to be clearly identified as it was years ago. Also somewhere on the agenda it should clearly indicate for the public to Click or Tap on each item to be sure to be aware that there is a Staff Report, other materials, and or public eComments. Having the tiny meaningless eScribe icons is insufficient for the lay public who may not regularly be viewing agendas. Thank You.

Howard Lee

This significant item's Attachment-1 additionally has a meaningless, esoteric title for the Public viewing same. Why is this Attachement-1 clearly labeled as the “Staff Report”? The correct tile of Attachment-1 should simply be "Staff Report with Recommendation" with or without additional wording to remind the public to perhaps review the "Staff report". Essentially every item on this agenda also has a meaningless title for the item’s Attachment-1. Attachment-1 of each item should clearly be labeled as the “STAFF REPORT”. I’ve heard people read me the agenda item’s text and asking what it meant. They had ZERO idea that there was a Staff Report. Hopefully this is not intentional to hide the Staff Reports from the public. The Staff Report for each item needs to be clearly identified as it was years ago. Also somewhere on the agenda it should clearly indicate for the public to Click or Tap on each item to be sure to be aware that there is a Staff Report, other materials, and or public eComments. Having the tiny meaningless eScribe icons is insufficient for the lay public who may not regularly be viewing agendas. Thank You.

(Emergency Management Coordinator Maurice Wright)

• Recommended Action:

  Staff recommends City Council receive and file the May 2025 Fire and Ambulance monthly report.

15.j

LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR JUNE 2025 - 25-CMO-053

(Emergency Management Coordinator Maurice Wright)

• Recommended Action:

  Staff recommends City Council receive and file the June 2025 Fire and Ambulance monthly report.

15.k

APPROVAL OF AGREEMENT WITH THE WOMAN’S CLUB OF HERMOSA BEACH FOR USE OF THE CLARK BUILDING - 25-CR-058

CEQA: Approval of the agreement with the Woman’s Club of Hermosa Beach for use of the Clark Building would be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15304 (e). The proposed agreement would allow for a minor, temporary use of an indoor City facility wth negligible or no permanent effect on the environment.
(Community Resources Director Lisa Nichols)

• Recommended Action:

  Staff recommends City Council:

  1. Approve an agreement with the Woman’s Club of Hermosa Beach (Woman’s Club) for use of the Clark Building beginning September 2025 through December 2028 (Attachment 1); and
  2. Authorize the City Manager to execute the agreement and the City Clerk to attest, subject to approval by the City Attorney.

16.

PUBLIC HEARINGS—TO COMMENCE AT 6:30 P.M

17.

MUNICIPAL MATTERS

17.a

ADOPT A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE POLICE MANAGEMENT GROUP EFFECTIVE JULY 1, 2025 – JUNE 30, 2028 - 25-AS-057

(Human Resources, Cynthia Stafford)

• Recommended Action:

  Staff recommends City Council adopt a Resolution (Attachment 1) approving the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Police Management Group (Attachment 2) for Fiscal Years 2026-2028.

17.b

ADOPT A RESOLUTION FOR WAGES AND EMPLOYMENT TERMS AND CONDITIONS FOR UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2025 – JUNE 30, 2028 - 25-AS-065

(Human Resources, Cynthia Stafford)

• Recommended Action:

  Staff recommends City Council adopt a Resolution (Attachment 1) approving wages and terms and conditions of employment in Exhibit A (Attachment 2) for the Unrepresented classifications for the Fiscal Years (FY) 2026-2028.

17.c

ADOPT A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE GENERAL AND SUPERVISORY EMPLOYEES’ BARGAINING UNIT, TEAMSTERS LOCAL 986, EFFECTIVE JULY 1, 2025 – JUNE 30, 2028 - 25-AS-057

(Human Resources, Cynthia Stafford)

• Recommended Action:

  Staff recommends City Council adopt a Resolution (Attachment 1) approving the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the General and Supervisory Employees’ Bargaining Unit, Teamsters Local 986 (Teamsters) (Attachment 2) for the Fiscal Years (FY) 2026-2028.

17.d

ADOPT A RESOLUTION TO ADOPT THE SIDE LETTER TO THE PROFESSIONAL AND ADMINISTRATIVE EMPLOYEE GROUP MEMORANDUM OF UNDERSTANDING FOR FISCAL YEARS 2026-2028 - 25-AS-058

(Human Resources, Cynthia Stafford)

• Recommended Action:

  Staff recommends City Council adopt a Resolution to adopt the Side Letter to the Professional and Administrative Employees (PAE) Memorandum of Understanding (Attachment 1).

17.e

ADOPT A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION BARGAINING GROUP EFFECTIVE JULY 1, 2025 – JUNE 30, 2028 - 25-AS-067

(Human Resources Manager Tiffany Nguyen)

• Recommended Action:

  Staff recommends City Council adopt a Resolution (Attachment 1) approving the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Hermosa Beach Police Officers’ Association (POA) Bargaining Group (Attachment 2) for the period of July 1, 2025 through June 30, 2028.

17.f

ADOPT A RESOLUTION TO RETROACTIVELY APPROVE A SECTION 125 CAFETERIA PLAN AND ADOPTION AGREEMENT - 25-AS-064

(Human Resources Manager Tiffany Nguyen)

• Recommended Action:

  Staff recommends City Council:

  1. Adopt a Resolution to approve a Section 125 Cafeteria Plan, retroactive to January 1, 2023; and
  2. Authorize the City Manager to execute a Section 125 Cafeteria Plan Adoption Agreement, subject to approval by the City Attorney.

17.g

AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CIP 699 PARKING LOT C IMPROVEMENTS TO H.W. LOCHNER, INC. - 25-PW-050

(Public Works Director Joe SanClemente)

• Recommended Action:

  Staff recommends City Council:

  1. Award a contract for construction management and inspection services for CIP 699 Parking Lot C Improvements to H.W. Lochner, Inc. at a not-to-exceed amount of $256,720.60 for a term of one year ending August 26, 2026, with an option to allow the City manager to extend up to one additional year (Attachment 1);
  2. Authorize the Public Works Director to establish a 10 percent project contingency of $25,672;
  3. Authorize the City Manager to approve contract amendments up to the amount of the approved project contingency; and
  4. Authorize the Mayor to execute and the City Clerk to attest the proposed agreements subject to approval by the City Attorney.

17.h

ADOPT TWO RESOLUTIONS AND RATIFY THE EMERGENCY CONTRACT FOR THE SINKHOLE AND STORM DRAIN REPAIRS ON VALLEY DRIVE - 25-PW-049

Howard Lee adddendum

Due to an additional defect in the system, my prior comment, (following this comment) does not completely display in the yellow background pop-up. It does not scroll or anything. The viewer sees only part of the comment. It's necessary to click on the comment to then get a small popup window which is very difficult to read the text within but which has scroll bars. This needs to be improved for the public's ability to view agendas and read materials from same, especially on tablets and phones. I am using a desktop with large monitors and it's difficult to utilize this poorly designed interface. Sorry but it's awful. The Staff and Council may be seeing a different viewing version than the public is forced to see. The public should come first. I’ve noticed other eComments that were truncated in prior agendas. If a pop-up yellow background text window is to work it needs to have a scroll function for the public not just end displaying the comment as if that was the entire comment. The eComments would far better be posted in chronological order. Last one in, then appearing at the end, etc.

Howard Lee

Council, City Clerk, Staff and others: This significant item's Attachment-1 additionally has a meaningless, esoteric title for the Public viewing this agenda and this item, if the public even becomes aware there are attachments to this item, of which they won't know if they don't actually click or tap on the item. Why is this item’s Attachment-1 not clearly labeled as the “Staff Report”? The correct tile of Attachment-1 should simply be "Staff Report with Recommendation" with or without additional wording as desired, and to remind the public to perhaps review the "Staff report". Essentially every item on this agenda also has a meaningless title for its Attachment-1. Attachment-1 of each item should clearly be labeled as the “STAFF REPORT”. I’ve heard people read me the agenda item’s text and asking what it meant. They had ZERO idea that there was a Staff Report. Hopefully this is not intentional to hide the Staff Report(s) from the public. The Staff Report for each item needs to be clearly identified as it was in the past. Also somewhere on the agenda it should clearly indicate for the public to Click or Tap on each item to be sure to be aware that there is a Staff Report, other materials, and or public eComments. Having the tiny meaningless eScribe icons is insufficient for the lay public who may not regularly be viewing agendas. Thank You. Howard Lee

CEQA: Determine the Annual Storm Drain Improvements project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction) and Section 15269 (Emergency Repairs). The proposed work is emergency replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(Public Works Director Joe SanClemente)

• Recommended Action:

  Staff recommends City Council:

  1. Adopt a Resolution, requiring a four-fifths (4/5) vote of the City Council, pursuant to Public Contract Code Section 22050, to declare an emergency in response to a sink hole on Valley Drive due to storm drain failure, ratify the action taken by the City Manager, and authorize the City Manager to take further action as may be necessary (Attachment 2); 
  2. Adopt a Resolution proclaiming the termination of the existence of a local emergency (Attachment 2); and
  3. Authorize the Director of Public Works to file a Notice of Completion following completion of the project.

17.i

CONSIDERATION OF REVERTING GENERAL PUBLIC COMMENTS TO THREE MINUTES PER SPEAKER AND INCLUDING REMOTE PUBLIC PARTICIPATION FOR THE GENERAL PUBLIC COMMENT PERIOD - 25-CCO-032

Justin Massey

Mr. Mayor & Council: This is a performative solution in search of a problem. Remote comment was introduced during the COVID-19 pandemic when the public could not attend Council meetings in person. There is no credible argument that the general public benefits by extending Council meetings with three-minute remote general comments (that is, comments on matters NOT on the meeting agenda) that can be made by e-Comment, in person at the meeting, or by writing or calling Councilmembers or the City.

John Burry

It's ironic that this item has been placed almost at the end of the agenda. Why schedule an item about public comment at a time when it is likely that the fewest members of the public will be able to comment ? The motion last year that reduced public comment last year was carried out after midnight. It was made and pushed through by Jackson and Massey using two fallacious arguments. Firstly, that allowing the public a whole three minutes was the cause of overly long meetings. Plainly nonsense, completely unsupported by the data. Councilmember Jackson might do better to rein in his endless prepared speeches before blaming the residents again. Secondly, that allowing remote general public comment would result in our meetings being hijacked by bad actors from out of town. It happened once, and the mute button exists in the event of it happening again. To punish general public participation as a response is a gross overreach and does nothing to support local democracy. In the past year, we have had several instances of organized 'protest' by out of town unions that have soaked up public comment and meeting time. We have also seen City Manager and Police Chief reports become longer and longer, meaning that the start time of General Public comment has become completely unpredictable. Since the appointments of Interim City Manager Steve Napolitano and Police Chief Phillips, these reports have become more reasonable in length, but all councilmembers and city staff should remember that public participation is a right, not a privilege, and it should be respected rather than minimized. Engagement by the public in city business should be celebrated - we should seek to broaden it where possible, and to make it as simple as we can. With regard to online general public comment, you should remember that there are members of the community who find it difficult to attend in person. Some for reasons of disability, and some simply because of child care and busy schedules. Show them the respect that they deserve. And finally, you might do well to remember that it can be difficult to frame a complex argument in just two minutes, especially for those unaccustomed to speaking in public. Councilmembers give themselves unlimited time to make their own arguments - maybe you should try putting yourselves under the same pressure.

(City Clerk Myra Maravilla)

• Recommended Action:

  Staff recommends that the City Council discuss:

  1. Time limits set for the general public comment period; and
  2. Expand the general public comment option to allow for virtual participation.

17.j

INTRODUCTION OF AN ORDINANCE UPDATING THE CAMPAIGN CONTRIBUTION LIMIT - 25-CCO-033

(City Clerk Myra Maravilla)

• Recommended Action:

  Staff recommends City Council introduce by title only and waive first reading of an Ordinance updating the campaign contribution limit to five hundred dollars (Attachment 1).

18.

FUTURE AGENDA ITEMS

This is the time for Councilmembers to schedule future agenda items and to ask questions about the status of previously approved future agenda items. No discussion, debate, or public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The tentative future agenda items document is provided for information only. 

18.a

TENTATIVE FUTURE AGENDA ITEMS - 25-CMO-056

Attached is the current list of tentative future agenda items for Council’s information.

19.

PUBLIC COMMENT

This time is set aside for the public to address the Council on any item of interest within the subject matter jurisdiction of the Council that could not be heard under the first public comment opportunity because there were too many prior public speakers and the thirty-minute maximum time limit was exhausted. 

20.

ADJOURNMENT