CITY OF HERMOSA BEACH

CITY COUNCIL MEETING MINUTES

Tuesday, July 09, 2024

6:00 P.m. - 10:00 P.m.

Council Chambers

1315 Valley Drive

Hermosa Beach, CA 90254

Members Present:

• Mayor Justin Massey, 
• Mayor Pro Tem Dean Francois, 
• Councilmember Rob Saemann, 
• Councilmember Mike Detoy, 
• and Councilmember Ray Jackson 

Staff Present:

• City Manager Suja Lowenthal, 
• City Attorney Patrick Donegan, 
• Administrative Services Director Viki Copeland, 
• City Clerk Myra Maravilla, 
• Community Development Director Carrie Tai, 
• Community Resources Director Lisa Nichols, 
• Deputy City Manager Angela Crespi, 
• Human Resources Manager Vanessa Godinez, 
• Police Chief Paul LeBaron, 
• and Public Works Director Joe SanClemente 

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1.

OPEN SESSION—CALL TO ORDER 6:00 PM

Mayor Massey called the Open Session to order at 6:10 p.m

2.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Dency Nelson.

3.

ROLL CALL

City Clerk Myra Maravilla announced a quorum. 

4.

CLOSED SESSION REPORT

There was no Closed Session Report.

5.

ANNOUNCEMENTS—UPCOMING CITY EVENTS

Councilmember Saemann announced the 50th anniversary celebration of the Loreto Sister City Exchange Program. 

Mayor Massey announced Shakespeare By the Sea on July 10-11 at 7:00 p.m. at Valley Park; the State of the City Address on Friday, July 12, 2024 at 6:00 p.m. in the Council Chambers; and the Special Meeting for the Election of Mayor and Mayor Pro Tem on Monday, July 15, 2024 at 6:00 p.m. to elect the next Mayor and Mayor Pro Tem followed by a reception.

Mayor Massey announced the launch of the eScribe agenda management system. 

6.

APPROVAL OF AGENDA

• Moved by: Councilmember Detoy
  Seconded by: Councilmember Jackson

  To approve the order of the agenda. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried
• Amendment:
  Moved by: Mayor Pro Tem Francois

  To table item 11.i. and approve the remaining order of the agenda. The motion failed due to a lack of a second.

  Motion Failed

7.

PROCLAMATIONS / PRESENTATIONS

8.

CITY MANAGER REPORT

City Manager Suja Lowenthal provided the City Manager Report.

Mayor Massey asked various questions about the new City sign installed in collaboration with Skechers. 

Public Works Director Joe SanClemente provided information about the Manhattan Beach sign installed by Skechers. 

8.a

PUBLIC WORKS DIRECTOR UPDATE

Public Works Director Joe SanClemente provided an update on various Public Works projects.

Councilmember Jackson provided comments. 

8.b

POLICE CHIEF UPDATE

Chief Paul LeBaron provided the Police Chief Update.

Councilmember Saemann asked various questions.

9.

PUBLIC COMMENT

howard lee

See Attachment from Howard Lee.

Anthony

Dear City Council, Re New eScribe Application What does it matter if the new eScribe application is extremely efficient on the back-end and reduces staff workload significantly if it’s a big step backwards in its primary purpose; informing the public about the business of our city. A primary purpose of the EScribe meeting management system is to inform the public of Council & Commission meeting agendas and to present the underlying staff reports and supporting documents in an efficient and comprehensible manner, eScribe’s purpose is also to provide usable eComment portal, not only for desktop PC users but for mobile device users as well From what I’ve been able to see EScribe fails this test miserably. If you doubt me, try and find the Clark Building item on the upcoming July 9, 2024 City Council Agenda using a mobile device. Here is the URL to the eScribe agenda. Go for it! https://www.hermosabeach.gov/our-community/agendas-minutes-video Try to find the Clark Building renovation agenda item and read the staff report and ~ six attachments. Good luck. Try to read or enter an eComment using a mobile device. It is a terrible user experience and most will probably just give up. Note: You must the html version of the agenda since it has the links to eComment etc. The PDF version of the agenda is just a massive 200Mb flat file with no active links. Compare the eScribe user experience to the Granicus meeting management software you just decommissioned. Despite Granicus’s archaic user interface at least you could read the agenda and find the staff reports from a mobile device. And when you select the staff report under the old granicus system you got a page that was easy to understand with links to the supporting documents that actually worked. COMPARE THIS TO ESCRIBE. With eScribe you are forced to use an html page where (1) the council meeting agenda is not readable from a mobile device (2) there is no direct link to a readable staff report and (3) the links to the supporting documents don’t work; meaning you have to scroll through pages of poorly formated reports to find the report you are looking for. It’s simply unusuable, especially from a mobile device. One major eScribe problem for mobile users is they have to scroll through countless pages of one word per row agenda pages. This is shown in the PDF I attached to this eComment. A second major problem is the staff report links are NOT listed in one place that can be easily found by mobile users. You have to scroll through pages of BS and poorly formated reports to find what you are looking for. It’s outrageous you would dump the eScribe meeting management system on the public. And this is just the tip of the iceberg. The attached pdf identifies many other fatal flaws and problems with eScribe as a Community engagement tool. Anthony Higgins

Tony Higgins

Dear Mayor Massey, Dear City Council, In the June 25, 2024 Fireworks Urgency Ordinance Council meeting you said: “The urgency e-bike ordinance, is different because it added the ability to enforce the fines by impounding the e-bikes. With fireworks fines, we don’t have that tool.” This was not the full truth. It was another half-truth. Per the City Attorney, HBPD does NOT usually confiscate and impound an adult’s ebike and hold it until the fine is paid. Impounding an ebike and holding until the fine is paid usually happens only when the ebike administrative citation is issued to a minor not an adult. So Mayor Massey’s assertion the HBPD holds an ebike as some kind of collateral is misleading and once again only half true. This was thoroughly covered by City Attorney Donegan in the June 4, 2024 Ebike Urgency Ordinance meeting. Then Mayor Massey go on to say: “I’m hearing from the chief of police that the existing [fireworks] prohibitions are adequate. The nature of the crime makes it difficult to enforce, because it doesn’t take long to light fireworks and run off.” Yes it’s true it’s hard to catch someone randomly traveling through a neighborhood on an ebike lighting an M-80 or setting off an industrial grade skyrocket a couple times a night and then speeding away But once again Mayor Massey anchors his argument against the administrative citations in a half truth. What Councilman Massey fail to mention is it’s actually fairly easy to locate and identify the property owner or resident when illegal fireworks displays happen on private property as part of a 4th of July celebration. This is quite common around the 4th and an administrative citation is a meaningful deterrent that doesn’t forever criminalize the guilty party. This just makes sense but once again Councilman Massey didn’t tell the whole story, only those portions of the story that supported his view. Then Mayor Massey said: “I’m open to increasing the fines. I’m not open to adding additional ordinances. I’m hearing from the chief of police that the existing prohibitions are adequate.” This is tantamount to saying I’m not in favor of holding property owners accountable for illegal fireworks displays on their property. The Mayor knew that without an additional ordinance nothing in the existing statutes would have held the property owner accountable for allowing illegal fireworks use by others on his property. In so doing Mayor Massey turned a blind-eye to what every other Councilman seemed to know; adequate deterrents to fireworks did NOT exist despite City Staff claims to the contrary. Mayor Massey, I hope your constituents will take all this into account when you come up for re-election in November. Anthony Higgins

Claudia Berman

Love the new agenda software! So much easier to read and use.

In Person Public Comment:

• Tom Coyle
• Dency Nelson
• Barbara Ellman

10.

CITY COUNCILMEMBER COMMENTS

Mayor Pro Tem Francois announced his attendance to the June 27th Leadership Hermosa Beach meeting and to the LA County Sanitation District Board meeting on June 26th.

10.a

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

11.

CONSENT CALENDAR

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To approve the Consent Calendar. A request was made by Mayor Pro Tem Francois to pull item 11.i. for separate discussion. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

11.a

WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To waive reading in full of all ordinances 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.

  Motion Carried

11.b

CITY COUNCIL MEETING MINUTES - 24-CCO-049

Howard L

message testmessage testmessage testmessage testmessage testmessage test

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To approve the minutes for the Tuesday, June 11, 2024 Special Meeting (Interviews and Appointments for Planning Commission) and Tuesday, June 11, 2024 Special Meeting (Budget Adoption).

  Motion Carried

11.c

CHECK REGISTERS - 24-AS-003

City Clerk

Test Comment.

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To ratify the following check registers.

  Motion Carried

11.d

ACCEPTANCE OF DONATIONS - 24-AS-002

Howard Lee

The ceremonial mayor should always pull a consent item indicating a donation(s) and publicly thank on behalf of the city, the person(s) or entity making the donation on the record, and also mention what the donation is to be used for, as was always done previous to recent councils. In fact, when donations are present there should be a separate Donations Section on the Agenda (not buried on the Consent Calendar). The city might actually get more donations if it was not so negligent as such.

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To accept the donations received by the City to be used for purpose noted.

  Motion Carried

11.e

ACTION MINUTES OF THE CIVIL SERVICE BOARD MEETING OF MARCH 20, 2024 - 24-AS-004

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To receive and file the action minutes of the Civil Service Board meeting of March 20, 2024.

  Motion Carried

11.f

APPROVAL OF A REQUEST TO ESTABLISH CLASS SPECIFICATIONS, BARGAINING GROUPS AND SALARY RANGES FOR SPECIAL EVENTS AND FILMING COORDINATOR AND LEAD SPECIAL EVENTS AND FILMING COORDINATOR - 24-AS-001

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To approve the establishment of a class specification for Special Events and Filming Coordinator (Attachment 1);

  Approve the establishment of a class specification for Lead Special Events and Filming Coordinator (Attachment 2);

  Approve the establishment of the five-step salary range for Special Events and Filming Coordinator as $4,936 to $6,000 per month as approved in the FY 2024–2025 budget;

  Approve the establishment of the five-step salary range for Lead Special Events and Filming Coordinator as $5,913 to $7,187 per month as approved in the FY 2024–2025 budget; and

  Approve the establishment of Special Events and Filming Coordinator and Lead Special Events and Filming Coordinator in the General and Supervisory Teamsters Union Local 911 Employee Bargaining Group.

  Motion Carried

11.g

ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF JUNE 18, 2024 - 24-CDD-015

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To receive and file the action minutes of the Planning Commission regular meeting of June 18, 2024.

  Motion Carried

11.h

PLANNING COMMISSION TENTATIVE FUTURE AGENDA - 24-CDD-014

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To receive and file the July 16, 2024 Planning Commission tentative future agenda.

  Motion Carried

11.j

ACTION MINUTES OF THE PARKS, RECREATION, AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETINGS OF MAY 7, 2024 - 24-CR-006

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 7, 2024.

  Motion Carried

11.k

LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHY REPORT FOR MAY 2024 - 24-CMO-022

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To receive and file the May 2024 Fire and Ambulance monthly report.

  Motion Carried

11.l

CONTINUE ADVERTISING VACANCIES – CIVIL SERVICE BOARD EXPIRATION OF TERMS - 24-CCO-050

• Moved by: Mayor Massey
  Seconded by: Councilmember Jackson

  To direct staff to continue advertising two upcoming Civil Service Board vacancies with terms ending July 15, 2028 and one additional vacancy with a term ending July 15, 2027 until July 31, 2024; and

  Schedule the presentation of applicants and applicant interviews on or before the regular meeting of August 13, 2024 with the option to make an appointment on the same date.

  Motion Carried

12.

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

12.a

INTRODUCE ORDINANCE APPROVING ZONING TEXT AMENDMENT 24-02 TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE, 24-CDD-013

Community Development Director Carrie Tai provided a staff presentation.

Mayor Massey asked various questions.

Director Tai provided information. 

Mayor Pro Tem Francois asked various questions about Precise Development Plans and other items.

No public comment was provided.

• Moved by: Councilmember Detoy
  Seconded by: Councilmember Saemann

  To introduce by title only and waive first reading of an Ordinance of the City of Hermosa Beach, California, approving Zone Text Amendment 24-02, amending Hermosa Beach Municipal Code (HBMC) related to standards for mixed-use developments, review processes, minimum density for Housing Element sites, and reducing multi-family residential parking requirements, and determine that the amendment is consistent with the PLAN Hermosa Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA) (Attachment 1); and

  Direct the City Clerk publish a summary ordinance. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

12.b

PUBLIC HEARING — HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT FISCAL YEAR 2024–2025 - 24-PW-019

Public Works Director Joe SanClemente provided a staff presentation. 

Councilmember Detoy asked various questions.

No public comment was provided.

• Moved by: Councilmember Detoy
  Seconded by: Councilmember Saemann

  To conduct a public hearing in connection with the levy of assessments for Hermosa Beach Landscaping and Street Lighting District 2024–25; and

  Adopt Resolution No. RES-24-7443 confirming the diagram and assessment found in the Engineer’s Report for Hermosa Beach Landscaping and Street Lighting District 2024–2025 and levying an assessment for the fiscal year beginning July 1, 2024 and ending June 30, 2025. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

12.c

PUBLIC HEARING ON THE ANNUAL LEVY OF SEWER CHARGES ON THE PROPERTY TAX ROLL - 24-PW-020

City Clerk

Test comment.

Public Works Director Joe SanClemente provided a staff presentation.

Mayor Pro Tem Francois asked various questions.

Director SanClemente provided information.

No public comment was provided.

• Moved by: Councilmember Detoy
  Seconded by: Councilmember Saemann

  To conduct a public hearing to receive public comment related to the collection of sewer service charges on the property tax roll for Fiscal Year 2024–2025;

  Determine the presence of a majority protest; if there is no majority protest, make an official finding that a majority protest by property owners within the City of Hermosa Beach does not exist; and

  Adopt Resolution No. RES-24-7444, including an Engineer’s Report (Attachment 2), approving the new rates and authorizing the placement of sewer service charges on the annual County of Los Angeles Tax Roll. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

12.d

PUBLIC HEARING TO REVIEW DELINQUENT SOLID WASTE COLLECTION (REFUSE) CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON THE PROPERTY TAX ROLLS, 24-CMO-020

Environmental Programs Manager Douglas Krauss provided a staff presentation.

Councilmember Saemann asked various questions.

Mayor Massey asked various questions.

Manager Krauss provided information.

No public comment was provided.

• Moved by: Councilmember Saemann
  Seconded by: Councilmember Detoy

  To receive testimony from affected property owners regarding delinquent refuse bills; and

  Adopt Resolution No. RES-24-7445, authorizing and requesting the County Assessor to place delinquent refuse charges for Athens Services as a special assessment for collection through the County tax collection process. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

13.

MUNICIPAL MATTERS

13.a

AWARD OF CONSTRUCTION CONTRACT FOR CIP 689 CLARK BUILDING RENOVATIONS TO SOLEX CONSTRUCTION, INC. - 24-PW-021

Director SanClemente provided a staff presentation.

Mayor Massey asked various questions.

Councilmember Saemann asked various questions.

Mayor Pro Tem Francois asked various questions.

Virtual Public Comment:

• John Burry

• Moved by: Councilmember Saemann
  Seconded by: Councilmember Detoy

  To award a construction contract for CIP 689 Clark Building Renovations to Solex Construction, Inc. in the amount of $2,588,191.88 (Attachment 4);

  Authorize the Director of Public Works to establish a 15 percent project contingency in the amount of $388,228.78;

  Adopt Resolution No. RES-24-7446 entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 689 Clark Building Renovations Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 3);

  Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney;

  Authorize the Director of Public Works to file a Notice of Completion with the Los Angeles County following final completion of the project; and

  Authorize the issuance of a purchase order to MityLite under a qualified cooperative agreement through the State of California Multiple Award Schedules (CMAS) contract for up to $80,000 for Clark Building banquet furniture (Attachment 7). The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

13.b

AWARD OF CONSTRUCTION CONTRACT FOR CIP 502 GREENBELT PEDESTRIAN TRAIL, CIP 604 CITYWIDE AMERICANS WITH DISABILITES ACT (ADA) IMPROVEMENTS, AND CIP 194 ANNUAL STRIPING IMPROVEMENTS - 24-PW-024

Director SanClemente provided a staff presentation.

Councilmember Jackson asked various questions.

In Person Public Comment:

• Laura Carmona

Virtual Public Comment:

• Kent Allen

Councilmember Saemann provided various comments. 

Mayor Massey asked various questions. 

Director SanClemente provided information.

• Moved by: Councilmember Saemann
  Seconded by: Councilmember Detoy

  To award a construction contract for CIP 502 Greenbelt Pedestrian Trail, CIP 604 Citywide Americans with Disabilities Act (ADA) Improvements, and CIP 194 Annual Striping Improvements to SDC Engineering, Inc. in the amount of $843,216.29 (Attachment 1);

  Authorize the Director of Public Works to establish an approximately 20 percent contract contingency amount of $170,000 and to approve contract change orders up to the amount of the approved contract contingency;

  Adopt Resolution No. RES-24-7447 entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 502 Greenbelt Pedestrian Trail, CIP 604 City Wide Americans with Disabilities Act (ADA) Improvements, and CIP 194 Annual Striping Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 2);

  Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and

  Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

13.c

AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES INC. TO PROVIDE STORMWATER CONSULTING SERVICES - 24-CMO-021

Environmental Programs Manager Doug Krauss provided a staff presentation.

Mayor Massey provided various comments.

No public comment was provided.

• Moved by: Councilmember Detoy
  Seconded by: Mayor Pro Tem Francois

  To award a Professional Services Agreement with John L. Hunter and Associates Inc. to administer the City's Municipal Stormwater Management Program in connection with National Pollutant Discharge Elimination System (NPDES) and Safe Clean Water Program at a not-to-exceed amount of $600,000 and a five-year term ending July 11, 2029 (Attachment 1); 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:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

13.d

AWARD OF CONSTRUCTION CONTRACT FOR CIP 421 ANNUAL SEWER IMPROVEMENTS–PHASE 2 - 24-PW-027

Director SanClemente provided a staff presentation.

No public comment was provided. 

Mayor Massey asked various questions.

Councilmember Saemann asked various questions.

Director SanClemente provided information.

• Moved by: Councilmember Saemann
  Seconded by: Mayor Pro Tem Francois

  To appropriate additional funds from the City Sewer Fund to CIP 421 Annual Sewer Improvements–Phase 2 in the amount of $776,731.20;

  Award a construction contract for CIP 421 Annual Sewer Improvements–Phase 2 to GRBCON, Inc. in the amount of $2,944,821 (Attachment 1);

  Authorize the Director of Public Works to establish a 20 percent project contingency amount of $588,964.20 and to approve contract change orders up to the amount of the approved contract contingency;

  Adopt Resolution No. RES-24-7448 entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 421 Annual Sewer Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 2);

  Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and

  Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. The motion carried by the following vote:

  Ayes (5)

  Councilmember Jackson, Mayor Massey, Mayor Pro Tem Francois, Councilmember Saemann, and Councilmember Detoy

  Motion Carried

14.

FUTURE AGENDA ITEMS

Councilmember Detoy requested support to recommission the Naming Subcommittee to name the Greenbelt. Support was provided by Mayor Massey and Councilmember Saemann.

Mayor Pro Tem Francois asked a question about an item on the August 13th tentative agenda.

Councilmember Saemann requested support for a progress report on the transition to the Clean Power Alliance. This was supported by Mayor Massey and a request was made that a member of CPA be invited to provide the presentation.

16.

ADJOURNMENT

The meeting adjourned at 8:34 p.m.