City Hall  
1315 Valley Drive  
Hermosa Beach, CA  
90254  
City of Hermosa Beach  
Special Meeting Agenda - Final  
City Council  
Mayor  
Stacey Armato  
Mayor Pro Tem  
Mary Campbell  
Councilmembers  
Hany S. Fangary  
Justin Massey  
Jeff Duclos  
Tuesday, March 26, 2019  
5:30 PM  
Council Chambers  
Closed Session - 5:30 P.M.  
Regular Meeting - 7:00 P.M.  
5:30 P.M. - CLOSED SESSION  
(LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference  
Room after Public Comment)  
CALL TO ORDER IN COUNCIL CHAMBERS  
ROLL CALL  
PUBLIC COMMENT  
RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM  
1.  
2.  
19-0193  
19-0194  
MINUTES: Approval of minutes of Closed Session held on March 12, 2019.  
CONFERENCE WITH LABOR NEGOTIATOR  
Government Code Section 54957.6  
City Negotiator:  
City Manager  
Employee  
Organizations:  
Hermosa Beach Police Officers’ Association  
Teamsters Union, Local 911  
Professional and Administrative Employee Group  
Hermosa Beach Management Association  
Unrepresented Employees  
3.  
19-0195  
CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation  
Government Code Section 54956.9(d)(4)  
The City finds, based on advice from legal counsel, that discussion in open session will  
prejudice the position of the City in the litigation.  
Number of Potential Cases: 1  
4.  
19-0196  
CONFERENCE WITH LEGAL COUNSEL: Workers Comp Litigation  
The City finds, based on advice from legal counsel, that discussion in open  
session will prejudice the position of the City in the litigation.  
Existing Litigation - Government Code Section 54956.9(d)(1)  
a) Name of Case: Robert Higgins v. City of Hermosa Beach  
WCAB Number: ADJ11093995  
b) Name of Case: Todd Lewitt v. City of Hermosa Beach  
WCAB Number: ADJ9858468, ADJ11019071, ADJ10177518  
c) Name of Case: Rachel Muzatko v. City of Hermosa Beach  
WCAB Number: ADJ10866914, ADJ10822138  
d) Name of Case: Pamela Sargent v. City of Hermosa Beach  
WCAB Number: ADJ11290398  
ADJOURNMENT OF CLOSED SESSION  
7:00 P.M. - REGULAR AGENDA  
All council meetings are open to the public. PLEASE ATTEND.  
The Council receives a packet with detailed information and recommendations on nearly every agenda  
item. City Council agenda packets are available for your review on the City's website located at  
Department, Hermosa Beach Public Library and the Office of the City Clerk.  
During the meeting, a packet is also available in the Council Chambers foyer or you can access the  
signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest  
Written materials pertaining to matters listed on the agenda of a regular City Council meeting must be  
submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda  
packet (tentative future agendas can be found as Item 8 in every regular agenda packet). However,  
written materials received after that deadline will nonetheless be posted under the relevant agenda item  
on the City's website at the same time as they are distributed to the City Council by email and provided  
to the City Council and the public at the meeting.  
Submit your comments via eComment 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  
agenda item/project or provide general comments under the Oral/Written Communications item.  
3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided,  
provide your name, and if applicable, attach files before submitting your comment.  
eComments can be submitted as soon as the meeting materials are published, but will only be  
accepted until 12:00 pm on the date of the meeting to ensure Council and staff have the ability to review  
comments prior to the meeting.  
Persons who wish to address an issue of general nature (not pertaining to matters listed on the  
agenda) to the City Council for the official record may submit written material to the Council in lieu of or  
in addition to speaking under the Public Participation section of the meeting. Such written  
correspondence must be delivered to the City Manager's office (anny@hermosabch.org) by noon of the  
Tuesday, one week before the regular Council meeting in order to be included in the agenda packet.  
To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be  
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 (310) 318-0203 at least  
48 hours prior to the meeting.  
CALL TO ORDER  
PLEDGE OF ALLEGIANCE  
ROLL CALL  
CLOSED SESSION REPORT  
ANNOUNCEMENTS  
APPROVAL OF AGENDA  
PROCLAMATIONS / PRESENTATIONS  
a)  
19-0198  
RECOGNIZING EARTH HOUR ON MARCH 30, 2019 FROM  
8:30 P.M. - 9:30 P.M. AND EARTH DAY ON APRIL 22, 2019  
b)  
19-0199  
PROCLAMATION DECLARING APRIL AS  
“DONATE LIFE MONTH”  
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER  
PUBLIC PARTICIPATION:  
1. ORAL AND WRITTEN COMMUNICATIONS:  
a)  
WRITTEN COMMUNICATION  
Staff recommends that the City Council receive and file the written communication from  
Howard Longacre.  
Recommendation:  
2. CONSENT CALENDAR: The following more routine matters will be acted upon by  
one vote to approve with the majority consent of the City Council. There will be no  
separate discussion of these items unless a Council member removes an item from the  
Consent Calendar. Items removed will be considered under Agenda Item 4, with public  
comment permitted at that time.  
a)  
CITY COUNCIL MEETING MINUTES  
(Deputy City Clerk Linda Abbott)  
Staff recommends that the City Council approve the following minutes:  
1. Adjourned Regular meeting of March 9, 2019  
2. Regular meeting of March 12, 2019  
Recommendation:  
b)  
CHECK REGISTERS  
(Finance Director Viki Copeland)  
Staff recommends that the City Council ratify the following check registers.  
Recommendation:  
c)  
d)  
REVENUE REPORT, EXPENDITURE REPORT,  
AND CIP REPORT BY PROJECT FOR FEBRUARY 2019  
(Finance Director Viki Copeland)  
Staff recommends that the City Council receive and file the February 2019 Financial  
Reports.  
Recommendation:  
CITY TREASURER’S REPORT AND CASH BALANCE REPORT  
(City Treasurer Karen Nowicki)  
City Treasurer recommends that the City Council receive and file the February 2019 City  
Treasurer's Report and Cash Balance Report.  
Recommendation:  
e)  
f)  
CANCELLATION OF CERTAIN CHECKS  
(City Treasurer Karen Nowicki)  
City Treasurer recommends that the City Council approve cancellation of certain checks.  
Recommendation:  
PROJECT STATUS REPORT AS OF FEBRUARY 28, 2019  
(Acting Public Works Director Lucho Rodriguez)  
Staff recommends that the City Council receive and file the Project Status Report as of  
February 28, 2019.  
Recommendation:  
g)  
h)  
i)  
ACTION SHEET OF THE PLANNING COMMISSION MEETING OF  
MARCH 19, 2019  
Staff recommends that the City Council receive and file the action sheet of the Planning  
Commission meeting of March19, 2019.  
Recommendation:  
PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS  
(Community Development Director Ken Robertson)  
Staff recommends that the City Council receive and file the April 16, 2019 Planning  
Commission tentative future agenda items.  
Recommendation:  
CLARIFICATIONS TO PROCESS AND STANDARDS  
FOR REVIEW OF ON-SALE ALCOHOLIC BEVERAGE  
CONDITIONAL USE PERMITS  
(Community Development Director Ken Robertson)  
Staff recommends that the City Council affirm the attached clarifications to the  
Conditional Use Permit (CUP) review process.  
Recommendation:  
j)  
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION  
MEETING OF JANUARY 16, 2019  
Staff recommends that the City Council receive and file the action minutes of the Public  
Works Commission meeting of January 16, 2019.  
Recommendation:  
k)  
AWARD OF CONSTRUCTION MANAGEMENT AND  
INSPECTION SERVICES CONTRACT TO TRANSTECH  
ENGINEERS, INC. FOR CIP 17-687 AND CIP 18-691,  
ADA IMPROVEMENTS ON PROSPECT AVENUE  
(Acting Public Works Director Lucho Rodriguez)  
Staff recommends that the City Council:  
Recommendation:  
1. Award the Professional Service Agreement for Construction Management and  
Inspection Services for CIP 17-687 and CIP 18-691 for ADA Improvements on Prospect  
Avenue, in the amount of $40,460;  
2. Authorize the Mayor to execute the Agreement and the City Clerk to attest subject to  
approval by the City Attorney; and  
3. Authorize 25% project contingency for a total contract budget of $50,575.00.  
l)  
AWARD OF CONSTRUCTION CONTRACT FOR CIP 17-687  
AND CIP 18-691, ADA IMPROVEMENTS ON PROSPECT AVENUE  
(Acting Public Works Director Lucho Rodriguez)  
Staff recommends that the City Council:  
Recommendation:  
1. Award a construction contract for CIP17-687 and CIP 18-691 for ADA Improvements on  
Prospect Avenue in the amount of $141,900.00;  
2. Adopt the attached resolution entitled "A Resolution of the City Council of the City of  
Hermosa Beach Approving the Construction of CIP 17-687 and CIP 18-691 ADA  
Improvements on Prospect Avenue;  
3. Authorize the Mayor to execute the construction contract and the City Clerk to attest,  
subject to approval by the City Attorney;  
4. Authorize the Acting Director of Public Works to establish a 25% project contingency  
for a total construction budget of $177,375; and  
5. Authorize the Acting Director of Public Works to file a Notice of Completion following  
final completion of the project.  
m)  
BROWN ACT COMPLAINT FILED BY ANTHONY HIGGINS  
(City Attorney Mike Jenkins)  
Staff recommends that the City Council:  
Recommendation:  
1. Receive and file this report; and  
2. Direct the City Attorney to send a letter (Attachment 2) pursuant to Government Code  
54960.1 (c)(2) communicating the City Council's determination that no Brown Act  
violation occurred and therefore that the City Council will not cure or correct the  
challenged actions.  
n)  
RECOMMENDATION TO REJECT CLAIM  
(Human Resources Manager Vanessa Godinez)  
Staff recommends that the City Council reject the following claim and refer it to the City's  
Liability Claims Administrator.  
Recommendation:  
Claimant: Stephen Allan Diamond  
Date of Loss: August 22, 2018  
Date Claim Filed: December 31, 2018  
Date Revised Claim Filed: January 28, 2019  
Allegation: Claimant alleges he stepped into a hole in the walkway near a parking meter  
at Hermosa Ave. and 26th Street which resulted in physical injuries to his ankle.  
o)  
A RESOLUTION OF THE HERMOSA BEACH CITY  
COUNCIL ELECTING TO BE EXEMPT FROM THE  
CALIFORNIA CONGESTION MANAGEMENT PROGRAM  
(Environmental Analyst Kristy Morris)  
Staff recommends that the City Council:  
Recommendation:  
1. Find that the following proposed action is exempt from review pursuant to the California  
Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15061(b)  
(3);  
2. Adopt the following Resolution waiving further reading: a resolution of the City Council  
of the City of Hermosa Beach, California, electing to be exempt from the Congestion  
Management Program.  
p)  
NORTH SCHOOL RECONSTRUCTION PROJECT  
SUBCOMMITTEE AND MEMORANDUM OF UNDERSTANDING  
FULFILLMENT OVERSIGHT ROLE  
(City Manager Suja Lowenthal)  
The North School Reconstruction Project Subcommittee (Subcommittee) members  
recommend that the City Council authorize the Subcommittee to continue to serve as the  
Council's representatives on the joint City and Hermosa Beach City School District  
collaborative charged with overseeing the fulfillment of the North School Reconstruction  
Project Memorandum of Understanding executed on February 27, 2019.  
Recommendation:  
q)  
APPROVAL OF LETTER OPPOSING ASSEMBLY BILL NO. 377  
(GARCIA): MICROENTERPRISE HOME KITCHEN OPERATIONS  
(Assistant to the City Manager Nico De Anda-Scaia)  
Staff recommends that the City Council approve and authorize the Mayor to sign a letter  
of opposition on behalf of the City regarding Assembly Bill 377 (AB 377) related to  
permitting and regulation of microenterprise home kitchen operations, to be shared with  
key legislators and local stakeholders.  
Recommendation:  
3. CONSENT ORDINANCES  
NONE  
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION  
5. PUBLIC HEARINGS  
NONE  
6. MUNICIPAL MATTERS  
a)  
GREENBELT INFILTRATION PROJECT NEXT STEPS  
(Environmental Analyst Kristy Morris)  
Staff recommends that the City Council:  
Recommendation:  
1. Proceed with a project at the existing Greenbelt location; or  
2. Proceed with a project at an alternative location within the City's jurisdiction that would  
capture and treat the equivalent volume of stormwater; or  
3. Initiate a dissolution or an amendment of the Memorandum of Understanding (MOU) to  
negotiate a suitable substitute or revised MOU and project with the City's partners,  
relinquish the Grant and forfeit the grant funding.  
7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL  
a)  
COUNCILMEMBER FANGARY PROVIDES UPDATE  
ON MEETING WITH SENATOR SCOTT WIENER’S  
LEGISLATIVE AIDE TO DISCUSS SENATE BILL 50  
b)  
19-0201  
UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES  
AND STANDING COMMITTEE DELEGATES/ALTERNATES  
8. OTHER MATTERS - CITY COUNCIL  
a)  
TENTATIVE FUTURE AGENDA ITEMS  
Staff recommends that the City Council receive and file the tentative future agenda items.  
Recommendation:  
ADJOURNMENT  
FUTURE MEETINGS AND CITY HOLIDAYS  
CITY COUNCIL MEETINGS:  
April 9, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
April 23, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
April 24, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - FY 2019-2020 Capital Improvement Program  
April 30, 2019 - Tuesday - Adjourned Regular Meeting:  
6:00 PM - Budget Revenue Strategy  
May 1, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
May 14, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
May 22, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Budget Workshop  
May 28, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
June 5, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
June 11, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
June 25, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
July 9, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
July 18, 2019 - Thursday - Adjourned Regular Meeting:  
6:00 PM - Joint Meeting with All Boards and Commissions  
July 23, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
August 13, 2019 - Tuesday - No Meeting (Dark)  
August 27, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
September 4, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
September 10, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
September 24, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
October 2, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
October 8, 2019 - Tuesday - No Meeting (Re-scheduled to Oct. 10)  
October 10, 2019 - Thursday - Adjourned Regular Meeting:  
6:00 PM - Closed Session and 7:00 PM - City Council Meeting  
October 22, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
CITY COUNCIL MEETINGS - CONTINUED:  
November 6, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
November 12, 2019 - Tuesday - 6:00 PM - Closed Session,  
7:00 PM - City Council Meeting  
November 18, 2019 - Monday - Adjourned Regular Meeting:  
6:00 PM - Closed Session and 7:00 PM - City Council Meeting  
November 21, 2019 - Thursday - Adjourned Regular Meeting:  
6:00 PM - Mayor Rotation  
November 26, 2019 - Tuesday - No Meeting (Re-scheduled to Nov. 18)  
December 4, 2019 - Wednesday - Adjourned Regular Meeting:  
6:00 PM - Study Session  
December 10, 2019 - Tuesday - No Meeting (Re-scheduled to Dec. 12)  
December 12, 2019 - Thursday - Adjourned Regular Meeting:  
6:00 PM - Closed Session and 7:00 PM - City Council Meeting  
December 24, 2019 - Tuesday - No Meeting (Dark)  
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:  
April 2, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
April 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
May 6, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting  
May 7, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
May 15, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting  
May 21, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
June 4, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
June 18, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
July 2, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
July 8, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting  
July 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
July 17, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting  
August 6, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
August 20, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
September 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
September 9, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting  
September 17, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
September 18, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting  
October 1, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
October 15, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
November 4, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting  
November 5, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
November 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
November 20, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting  
December 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting  
December 9, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting  
CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:  
May 27, 2019 - Monday - Memorial Day  
July 4, 2019 - Thursday - Independence Day  
September 2, 2019 - Monday - Labor Day  
November 11, 2019 - Monday - Veteran's Day  
November 28, 2019 - Thursday, Thanksgiving Day  
December 25, 2019 - Wednesday - Christmas Day  
January 1, 2020 - Wednesday - New Year's Day (2020)