CITY OF HERMOSA BEACH

CITY COUNCIL MEETING MINUTES

Tuesday, September 24, 2024

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

Council Chambers

1315 Valley Drive

Hermosa Beach, CA 90254

Members Present:

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

Staff Present:

• City Manager Suja Lowenthal, 
• City Attorney Patrick Donegan, 
• Administrative Services Director Brandon Walker, 
• Administrative Services Director Viki Copeland, 
• City Clerk Myra Maravilla, 
• Community Development Director Carrie Tai, 
• Community Resources Director Lisa Nichols, 
• Deputy City Manager Angela Crespi, 
• Police Chief Paul LeBaron, 
• Public Works Director Joe SanClemente, 
• Senior Recreation Supervisor Brian Sousa, 
• Emergency Management Coordinator Maurice Wright, 
• and Environmental Programs Manager Doug Krauss 

---

1.

OPEN SESSION—CALL TO ORDER 6:00 PM

Mayor Francois called the Open Session to order at 6:05 p.m.

2.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Bella and Emery.

3.

ROLL CALL

City Clerk Maravilla announced a quorum. 

4.

CLOSED SESSION REPORT

There was no Closed Session Report.

5.

ANNOUNCEMENTS—UPCOMING CITY EVENTS

Mayor Francois announced the following:

• The Chamber of Commerce and Visitor's Bureau will host Local 90254: Oktoberfest on Saturday, September 28 to 29 from 12:00 p.m. to 8:00  p.m. The event will feature vendor tents, music, carnival rides, and more. More information is available at www.hbchamber.net.
• Hispanic Heritage Month—The City will celebrate National Hispanic Heritage Month from September 15 to October 15. The month is dedicated to honoring the diverse history of generations of Latinos. 
• Mayor Town Hall Forum—The forum will take place on Monday, September 30th from 6:00 p.m. to 8:30 p.m. This forum is open to the public.

Mayor Pro Tem Saemann announced the Sister City Association Annual Gala Fundraiser at the Comedy Cantina, on Saturday, October 5th from 3:00 p.m. to 7:00 p.m. at St. Cross Episcopal Church.

6.

APPROVAL OF AGENDA

Mayor Francois requested to withdraw Municipal Matter item 13.d, and pull Consent Calendar item 11.c for separate discussion.

• Moved by: Councilmember Detoy
  Seconded by: Councilmember Massey

  To approve the order of the agenda, withdraw Municipal Matter item 13.d and pull Consent Calendar item 11.c for separate consideration.

  Ayes (5)

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

  Motion Carried

7.

PROCLAMATIONS / PRESENTATIONS

7.a

RECOGNIZING PLANNING COMMISSIONER MARIE RICE FOR HER SERVICE TO THE CITY

Mayor Francois invited Marie Rice to the podium to be recognized. 

Community Development Director Carrie Tai acknowledged Marie Rice. 

Police Chief LeBaron acknowledged Marie Rice. 

Planning Commission Chairperson Michael Flaherty provided comments.

Planning Commissioner Stephen Izant provided comments.

Former Mayor and Councilmember Jim Rosenberger provided comments.

Mayor Francois presented Marie Rice with a Certificate of Recognition from Senator Ben Allen's office and a plaque from the City of Hermosa Beach. 

Marie Rice provided comments.

Chief Paul Lebaron provided comments.

7.b

LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE 2024 SEMI-ANNUAL REVIEW - 24-CMO-040

Emergency Management Coordinator Maurice Wright provided a staff presentation.

Councilmember Massey asked various questions about compliance with the National Fire Protection Association (NFPA) standard.

A representative from McCormick Ambulance, David Konieczny, provided information about McCormick Ambulance transport statistics.

Mayor Francois asked various questions about the number of units.

Councilmember Detoy requested that we get a list of all delays for the next report.

7.c

RECOGNIZING OCTOBER 2, 2024 AS CALIFORNIA CLEAN AIR DAY AND UPDATE ON CLEAN POWER ALLIANCE TRANSITION IN HERMOSA BEACH - 24-CMO-038

Environmental Programs Manager Doug Krauss introduced Clean Power Alliance External Affairs Manager Dalia Gomez to provide a presentation.

Mayor Francois asked for clarification on when residents can opt-out.

Mayor Pro Tem Saemann asked various questions about energy levels.

Councilmember Detoy provided information about Southern California Edison rates for 100% renewable energy.

Councilmember Massey provided information about energy rates and incentive programs.

8.

CITY MANAGER REPORT

City Manager Suja Lowenthal provided the City Manager Report.

• New Administrative Services Director Brandon Walker introduced himself at the podium.
• New Special Events and Filming Coordinator Austin DeWeese introduced himself at the podium.

8.a

PUBLIC WORKS DIRECTOR UPDATE

Public Works Director Joe SanClemente and Cal Water Operations Manager Robert Thompson provided an update on various Public Works projects.

Councilmember Detoy asked various questions about the Bayview Project.

Mayor Pro Tem Saemann asked various questions about the Bayview Project.

8.b

POLICE CHIEF UPDATE

Chief Paul LeBaron provided the Police Chief Update.

9.

PUBLIC COMMENT

Howard Lee Comment Two

Tap/click on this to see entire message please and then scroll down. HB Council, staff, and others: Are you monitoring that Spectrum ch-8 was OUT AGAIN most of last week and then somehow was restored for the weekend but then went out yesterday morning, Monday 9/24, and has been out ever since. It's playing a black screen with white text stating "This channel is currently unavailable". There's a city council meeting tonight, and yes, again, we are aware of other ways people can view the meetings but this defect has been occurring repeatedly since the mostly propaganda and other stuff was added to the meetings replays evidently by Spectrum, due to playing slides with replays being too difficult for the City Clerk's operation. Also to view replays, council, school, commission or other civic meetings/stuff is being made more and more difficult to view due to these outages. Residents with Spectrum cable TV Ch-8, still thousands in city, who don't have streaming and are not interested in streaming, view the meetings and meeting replays on their cable TV that they pay City Franchise Tax and Utility Users Tax to the city (some 11% of their TV bill). I.e., those who don't hang by their cell phone all day long (btw, they'll have serious neck issues when they are my age) who prefer their cable-TV. This clearly appears to be aimed at eliminating people from seeing the meetings easily under the guise of "the equipment is at end of life" as they have for over 45 years now, that is before especially the city councils of the last 6 years. Kindly restore Spectrum Ch-8. Or is this in fact intentional to again avoid people from being aware of all the likely trickery to be accomplished in the last few meetings of the council troika that is to be losing one, if not two of its elite? Please excuse typos. I've wasted too much of my life bringing this type of information to your attention, information THAT SHOULD BE unnecessary -- if you all were doing your job for the men, women, children and businesses of this city. Most respectfully, Howard Lee

Anthony Higgins

Dear City Council, The city continues its blatant discrimination against seniors, the mobility disabled and immunocompromised who want equal access to speak publicly via zoom on important non agenda items. This is just the way our city rolls under the leadership of city manager Lowenthal abd City Attorney Donegan and it must be changed; but that change can only come at the ballot in November. Here is the backstory. Dear City Council, During Public Participation on non-agenda items, why is it that someone may attend a meeting in person and speak to the details contained in their ecomment AND those that can't attend in-person, specifically the elderly, mobility disabled and immunocompromised are not afforded the opportunity to Zoom-in and do the same? Why? Discrimination against the elderly has no place in our city government. Well, we all know why.... Councilman Massey, Jackson & Detoy supported by City Manager Lowenthal and City Attorney Donegan felt it was MORE IMPORTANT to MUTE the voice of a couple of bad actors than it was to give voice to the elderly and the mobility disabled. That is just the way our city is run these days. But it's worse than that. Public Participation on non-agenda items is often the only avenue open to residents to speak publicly about decisions gone bad or their unintended consequences. But the city says you must attend the meeting in-person exercise this right. The elderly and disabled who cannot attend are not given the opportunity to speak remotely on non agenda items via zoom even though zoom is working and available to everyone for agenda-items. This is not the city government we deserve. Will any of you stand-up for change? Anthony Higgins

Howard Lee

Please be sure to also find my comment with attachement PDF re: Check Registers and more under Consent Item 11.c

In Person Public Comment:

• Sarah Harper
• Nancy Shwappach
• Matt McCool
• Raymond Dussault
• Randy Balik
• Trent Larson
• Carolyn Petty

10.

CITY COUNCILMEMBER COMMENTS

Mayor Pro Tem Saemann provided comments in response to public comments received.

Councilmember Massey provided comments in response to public comments received.

Councilmember Jackson provided comments in response to public comments received.

Mayor Francois requested a fifteen-minute recess at 8:03 p.m.

Mayor Francois reconvened the meeting from recess at 8:18 p.m.

City Clerk Maravilla conducted the roll call and announced a quorum. All members were present.

Councilmember Jackson resumed his comments in response to public comments received.

Mayor Francois provided comments.

Mayor Pro Tem Saemann provided comments in response to public comments received.

City Attorney Donegan provided comments about Robert's Rules of Order.

Mayor Francois provided comments.

Councilmember Jackson announced a point of order and requested information on restriction of comments.

City Attorney Donegan provided information.

10.a

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

Councilmember Detoy attended the Hermosa Beach Chamber of Commerce Upper Pier Walking Tour.

11.

CONSENT CALENDAR

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

  To pull item 11.c for separate discussion and approve the remainder of the Consent Calendar.

  Ayes (5)

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

  Motion Carried

11.a

WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA

11.b

CITY COUNCIL MEETING MINUTES - 24-CCO-059

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

  To approve the minutes for the Tuesday, September 10, 2024 Regular Meeting.

  Motion Carried

11.d

REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR JULY AND AUGUST 2024 - 24-AS-030

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

  To receive and file the July and August 2024 Financial Reports.

  Motion Carried

11.e

ACTION MINUTES OF THE CIVIL SERVICE BOARD MEETING OF JULY 15, 2024 - 24-AS-031

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

  To receive and file the action minutes of the Civil Service Board meeting of July 15, 2024.

  Motion Carried

11.f

CITY’S TREASURER’S REPORT - 24-AS-028

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

  To receive and file the July 2024 and August 2024 City Treasurer’s Reports.

  Motion Carried

11.g

CASH BALANCE REPORT - 24-AS-029

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

  To receive and file the July 2024 and August 2024 Cash Balance Reports.

  Motion Carried

11.h

CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF SEPTEMBER 9, 2024 - 24-PW-035

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

  To receive and file the Capital Improvement Program Status Report as of September 9, 2024.

  Motion Carried

11.i

ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 17, 2024 - 24-PW-034

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

  To receive and file the action minutes of the Public Works Commission meeting of July 17, 2024.

  Motion Carried

11.j

ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF SEPTEMBER 17, 2024 - 24-CDD-057

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

  To receive and file the action minutes of the Planning Commission regular meeting of September 17, 2024.

  Motion Carried

11.k

APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT LONG-TERM AGREEMENT NEGOTIATIONS WITH INDIVISIBLE ARTS FOR STATE OF THE ART - 24-CR-021

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

  To approve the initiation of long-term agreement negotiations with Invisible Arts for State of the Art, authorizing staff to proceed with drafting the terms and conditions for Council’s future consideration and approval.

  Motion Carried

11.l

APPROVAL OF 2025 IMPACT LEVEL III RETURNING SPECIAL EVENTS - 24-CR-022

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

  To approve the Parks, Recreation, and Community Resources Advisory Commission’s recommendation to:

  1. Include three Impact Level III returning special events on the 2025 Special Events Calendar as proposed in the Staff Report; and
  2. Two “Nothing Weekends” as proposed in the Staff Report on the 2025 Special Events Calendar.
  Motion Carried

11.m

APPROVAL OF THE FOURTH AMENDMENT TO AGREEMENT WITH WILLDAN ENGINEERING FOR STAFF AUGMENTATION SERVICES FOR COMMUNITY DEVELOPMENT - 24-CDD-055

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

  To approve the proposed fourth amendment to an agreement with Willdan Engineering for plan review and staff augmentation services to increase the not-to-exceed amount by $100,000, resulting in a total not-to-exceed amount of $395,000 and a term ending June 30, 2025; and authorize the Mayor to execute and the City Clerk to attest the attached fourth amendment subject to approval by the City Attorney.

  Motion Carried

11.n

APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH CIVIC SOLUTIONS, INC FOR ON-CALL STAFF AUGMENTATION SERVICES - 24-CDD-052

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

  To approve the proposed first amendment to an agreement with Civic Solutions, Inc. for staff augmentation services to increase the not-to-exceed amount by $20,000, resulting in a total not-to-exceed amount of $50,000 for the remainder of the two-year term ending June 30, 2026; and authorize the City Manager to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney.

  Motion Carried

11.o

APPROVE GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FOR THEIR SELECTIVE TRAFFIC ENFORCEMENT PROGRAM - 24-PD-005

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

  To approve grant agreement of $80,000 from the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, for their Selective Traffic Enforcement Program (STEP); add estimated revenue of $80,000 in the Grant Fund; and appropriate $80,000 in the Grant Fund for traffic enforcement operations to reduce alcohol-related accidents and other primary crash factors.

  Motion Carried

11.p

APPROVE AN AGREEMENT WITH CLEAN POWER ALLIANCE FOR BUILDING ELECTRIFICATION ASSISTANCE PROGRAM - 24-CMO-039

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

  To approve the Building Electrification Assistance Program Participation Agreement with the Clean Power Alliance (CPA); add estimated revenue of $250,000 in the Capital Improvement Fund; and authorize the City Manager to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.

  Motion Carried

11.c

CHECK REGISTERS - 24-AS-027

Howard Lee

Be sure to click/tap this comment and then do the same to view the attachement for comment.

Mayor Francois requested information about the cost of the Measure HB mailers and postage. 

City Manager Suja Lowenthal provided information.

City Attorney Donegan provided information.

In Person Public Comment:

• Matt McCool

Virtual Public Comment:

• Anthony Higgins

Mayor Pro Tem Saemann provided comments.

Mayor Francois provided comments.

City Attorney Donegan provided comments.

• Moved by: Councilmember Massey
  Seconded by: Councilmember Detoy

  To ratify the following check registers.

  Ayes (5)

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

  Motion Carried

12.

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

12.a

APPROVAL OF NEW 2024 SPECIAL EVENTS - 24-CR-020

Senior Recreation Supervisor Brian Sousa provided a staff presentation.

Mayor Francois asked various questions.

City Attorney Donegan provided information.

Councilmember Detoy asked various questions.

Senior Recreation Supervisor Sousa provided information.

Darc Sports Director of Events Madison Edgar spoke.

Councilmember Massey asked various questions. 

No public comment was provided.

Greg Waters from Team Frosty introduced Michael "Frosty" Foster and discussed the Frosty Olympics event.

Director of Events Madison Edgar provided additional information.

Mayor Francois closed the Public Hearing.

Councilmember Detoy provided comments and asked various questions.

Senior Recreation Supervisor Brian Sousa provided additional information.

City Manager Lowenthal provided comments.

• Moved by: Councilmember Massey
  Seconded by: Councilmember Jackson

  To hold a public hearing to approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include the following new special events on the 2024 Special Event Calendar:

  1. The Frosty Olympics south of the Pier on Saturday, October 12, 2024; and
  2. Darc Sport Pier to Pier Run south of the Pier and the Strand north of the Pier on Friday, November 8 through Saturday, November 9, 2024.

  Ayes (5)

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

  Motion Carried

13.

MUNICIPAL MATTERS

13.a

AWARD OF PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES - 24-PW-033

Anthony Higgins

Dear City Council, While i appreciate the city's efforts to study traffic conditions again, there are things you could be doing right now to improve resident quality od life and health that dont require a lot of study. For instance reducing the speed limits on 27th to 20mph for the plain and simple reasons identified in the above pdf. tony higgins

Public Works Director SanClemente provided a staff presentation.

Virtual Public Comment:

• Anthony Higgins

Councilmember Massey provided comments.

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

  To award a contract for on-call transportation planning and traffic engineering expertise services to Hartzog & Crabill, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years; award a contract for on-call transportation planning and traffic engineering expertise services to Michael Baker International, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years; award a contract for on-call transportation planning and traffic engineering expertise services to Fehr & Peers Associates, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years; award a contract for on-call transportation planning and traffic engineering expertise services to CR Associates, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years; award a contract for on-call transportation planning and traffic engineering expertise services to General Technologies and Solutions LLC (GTS) at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years; and authorize the Mayor to execute and the City Clerk to attest the proposed agreements subject to approval by the City Attorney

  Ayes (5)

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

  Motion Carried

13.b

REPORT ON THE CITY’S ENFORCEMENT OPTIONS OF ADMINISTRATIVE CITATIONS AND OVERALL DISCUSSION ON ADMINISTRATIVE CITATIONS - 24-CA-004

City Attorney Donegan provided a presentation.

Mayor Francois asked various questions.

Mayor Pro Tem Saemann asked various questions.

Councilmember Detoy asked various questions. 

Administrative Services Director Viki Copeland provided information.

City Attorney Donegan provided information.

Councilmember Massey provided information.

Councilmember Jackson asked various questions. 

Virtual Public Comment:

• Jessica Craig
• Matt McCool
• Anthony Higgins

Councilmember Massey directed staff to bring back an item to consider imposing late fees and ineligibility for certain discretionary permits.

Councilmember Jackson was in favor of Councilmember Massey's direction.

Mayor Francois suggested having the person with outstanding administrative citations be ineligible for certain discretionary permits, not necessarily tied to a property if it is a property landlord.

Mayor Pro Tem Saemann requested to bring back all city enforcement options.

Councilmember Detoy is in favor of a late fee and a discussion of options for discretionary permits.

13.c

INTRODUCTION OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE TO UPDATE THE TITLE AND ROLE OF CERTAIN CITY PERSONNEL, 24-CA-005

City Attorney Donegan provided a staff presentation.

Mayor Pro Tem Saemann provided information. 

City Manager Lowenthal provided information.

Councilmember Massey provided various comments.

Virtual Comments:

• Anthony Higgins

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

  To introduce by title only and waive first reading of an Ordinance (insert ord number) of the City of Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to update the title and role of certain city personnel and determine that the ordinance is not a project under the California Environmental Quality Act (CEQA); and direct the City Clerk to publish a summary ordinance.

   

  Ayes (5)

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

  Motion Carried

13.d

CONSIDERATION OF A RESOLUTION EXPRESSING OPPOSITION TO SENATE BILL 450 (ATKINS) - 24-CMO-041

Carolyn Petty

Please unanimously support this resolution. It is imperative we maintain control over local land use. We rank near the top of the densest cities in the country. We cannot maintain a quality of life if more density is forced upon us by the state.

This item was withdrawn during Approval of Agenda.

14.

FUTURE AGENDA ITEMS

Councilmember Detoy requested the City take a position on the Hermosa Beach City School District's Bond Measure HV and the Los Angeles County's Measure A. Councilmember Jackson and Councilmember Massey provided support. 

Councilmember Jackson requested an item to explain or change the guidelines for mayoral powers and decorum at future meetings. Councilmember Massey provided support.

14.a

TENTATIVE FUTURE AGENDA ITEMS - 24-CMO-043

15.

PUBLIC COMMENT

16.

ADJOURNMENT

The meeting was adjourned at 10:20 p.m.