5:00 P.M. - CLOSED SESSION

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA

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ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED.

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limited to 3 minutes per speaker.

RECESS TO CLOSED SESSION

20-0640

MINUTES: Approval of minutes of Closed Session held on September 22,

2020, and September 29, 2020.

20-0658

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.

a) Name of Case (State): Hermosa Fitness LLC v. City of Hermosa Beach

Los Angeles County Superior Court, Case Number: 18STCP02840

b) Name of Case (Federal): Hermosa Fitness LLC v. City of Hermosa Beach

United States District Court, Case Number: 2:19-cv-08666-CAS-AFMx

ADJOURNMENT OF CLOSED SESSION

6:00 P.M. - REGULAR AGENDA

PUBLIC PARTICIPATION

City Hall will be closed to the public until further notice. Virtual Meetings are held pursuant to Executive

Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020. Members of the public may

email comments to Esarmiento@hermosabeach.gov or submit eComments until 3:00 p.m. on the

meeting date. Members of the public may also participate by phone.

JOIN THE VIRTUAL MEETING AT:

https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09

OR PARTICIPATE BY PHONE:

•

Toll Free: 877-853-5257

Meeting ID: 870 3278 5286, then #

Participant ID: press # to bypass

ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED.

If you are joining by phone, press * 6 to unmute your line. Comments from the public are

limited to 3 minutes per speaker.

Oral and Written Communication

Persons who wish to have written materials included in the agenda packet at the time the agenda is

published on the City's website must submit the written materials to the City Manager's office by email

(esarmiento@hermosabeach.gov) or in person by noon of the Tuesday, one week before the meeting

date.

Written materials pertaining to matters listed on the posted agenda received after the agenda has been

posted will be added as supplemental materials under the relevant agenda item on the City's website at

the same time as they are distributed to the City Council by email. Supplemental materials may be

submitted via eComment (instructions below) or emailed to esarmiento@hermosabeach.gov.

Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure

Council and staff have the ability to review materials prior to the meeting. Supplemental materials

submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted

online the next day.

Submit Supplemental eComments in three easy steps:

Note: Your comments will become part of the official meeting record. You must provide your full name,

but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you

do not want to be published.

1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on.

Click on the eComment button for your selected meeting.

2. Find the agenda item for which you would like to provide a comment. You can select a specific

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.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. CLOSED SESSION REPORT

V. ANNOUNCEMENTS - UPCOMING CITY EVENTS

VI. APPROVAL OF AGENDA

VII. PROCLAMATIONS / PRESENTATIONS

20-0663

RECOGNIZING TARA SCHULER FOR MAKING AND DONATING

OVER 200 MASKS TO HERMOSA BEACH RESIDENTS

20-0641

COVID-19 HEALTH UPDATE FROM

BEACH CITIES HEALTH DISTRICT

VIII. CITY MANAGER REPORT - The City Manager and staff may provide brief reports

on pending City business. Longer oral reports to be provided are as follows:

20-0642

COVID-19 UPDATE

IX. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS FROM THE

PUBLIC: This is the time for members of the public to address the City Council on

any items within the Council's jurisdiction not on this agenda, on items on this

agenda as to which public comment will not be taken (City Manager Reports, City

Councilmember Reports and Future Agenda Items), or to request the removal of an

item from the consent calendar. Public comments on the agenda items called City

Manager Reports, City Councilmember Reports and Future Agenda Items will only be

heard at this time. Comments on public hearing items are heard only during the

public hearing. Members of the audience may also speak during discussion of items

removed from the Consent Calendar; during Public Hearings; and, during discussion

of items appearing under Municipal Matters.

All comments from the public under this agenda item are limited to three minutes per

speaker, but this time allotment may be reduced due to time constraints. The City

Council acknowledges receipt of the oral and written communications listed below.

No action will be taken on matters raised in written communications, provided that

the Council may take action to schedule issues raised in oral and written

communications for a future agenda. Speakers with comments regarding City

management or departmental operations are encouraged to submit those comments

to the City Manager.

X. CITY COUNCILMEMBER COMMENTS: Councilmembers may briefly respond to

public comments, may ask a question for clarification or make a brief announcement

or report on his or her own activities or meetings attended.

20-0665

WRITTEN COMMUNICATION FROM COUNCILMEMBERS

Staff recommends that the City Council receive and file the written communication.

Recommendation:

20-0643

UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES

AND STANDING COMMITTEE DELEGATES/ALTERNATES

XI. CONSENT CALENDAR: The following more routine matters will be acted upon

by one vote to approve with the majority consent of the City Council. The title is

deemed to be read and further reading waived of any ordinance listed on the

consent calendar for introduction or adoption. 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 XII (12), with public

comment permitted at that time.

REPORT

20-0645

CITY COUNCIL MEETING MINUTES

(City Clerk Eduardo Sarmiento)

Staff recommends that the City Council approve the following minutes:

Recommendation:

1. September 22, 2020 Regular Meeting

REPORT

20-0639

CHECK REGISTERS

(Finance Director Viki Copeland)

Staff recommends that the City Council ratify the following check registers.

Recommendation:

REPORT

20-0636

REVENUE REPORT, EXPENDITURE REPORT,

AND CIP REPORT BY PROJECT FOR

JUNE, JULY AND AUGUST 2020

(Finance Director Viki Copeland)

Staff recommends that the City Council receive and file the July and August Financial

Reports and the updated June 2020 CIP Report.

Recommendation:

REPORT

20-0655

CITY TREASURER’S REPORT AND CASH BALANCE REPORT

FOR JULY 2020 AND AUGUST 2020

(City Treasurer Karen Nowicki)

The City Treasurer recommends that the City Council receive and file the July 2020 and

August 2020 City Treasurer's Report and Cash Balance Report.

Recommendation:

REPORT

20-0635

REAPPROPRIATION OF FUNDS FROM FY 2019-20 TO FY 2020-21

AND REVENUE REVISIONS

(Finance Director Viki Copeland)

Staff recommends that the City Council:

Recommendation:

1. Reappropriate amounts in the attached Exhibit A to the Fiscal Year 2020-21 Budget.

Totals by fund are highlighted in the attachments. The General Fund amount is $684,995;

and

2. Approve revenue revisions related to the reappropriations as shown in Exhibit B.

REPORT

20-0638

ACTION MINUTES OF THE PARKS, RECREATION AND

COMMUNITY RESOURCES ADVISORY COMMISSION

MEETINGS OF AUGUST 4, 2020 AND SEPTEMBER 1, 2020

Staff recommends that the City Council receive and file the action minutes of the Parks,

Recreation and Community Resources Advisory Commission meetings of August 4, 2020

and September 1, 2020.

Recommendation:

REPORT

20-0567

LOS ANGELES COUNTY FIRE DEPARTMENT AND MCCORMICK

AMBULANCE MONTHLY REPORT

(Emergency Management Coordinator Brandy Villanueva)

Staff recommends that the City Council receive and file the July and August 2020 Fire

and Ambulance monthly report.

Recommendation:

XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION - Items pulled from the Consent Calendar will be handled separately.

Public comment will be taken prior to Council deliberation and action on each item

pulled from the Consent Calendar.

XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.

REPORT

20-0662

HOLD THE PUBLIC HEARING, TABULATE THE BALLOTS

AND IF SUFFICIENT BALLOTS ARE RECEIVED, CONSIDER

APPROVING THE FINAL ENGINEER’S REPORT AND

CREATING THE GREENWICH VILLAGE NORTH

UNDERGROUND UTILITIES ASSESSMENT DISTRICT

(Public Works Director Marnell Gibson)

Staff recommends that the City Council consider the following:

1. Hold public hearing to take testimony from interested persons, as well as parcel

owners in the Greenwich Village North Underground Utilities Assessment District

("Assessment District");

Recommendation:

2. Tabulate ballots for the formation of the Assessment District;

3. If sufficient ballots are received, Adopt Resolution No. 20-7260 approving the Final

Engineer's report, forming the Assessment District, and ordering the undergrounding

improvements; and

4. Authorize the City Manager to enter into an agreement with the property owners within

the Assessment District for the deposit of funds to pay design costs, should the

Assessment District be formed.

REPORT

20-0646

UPDATE ON IMPLEMENTATION OF TEMPORARY BAN OF

DOCKLESS SCOOTER AND BIKESHARE IN HERMOSA BEACH

(Environmental Analyst Leeanne Singleton)

Staff recommends that the City Council:

Recommendation:

1. Receive an update on the City's implementation efforts related to the temporary ban

of shared mobility devices; and

2. Introduce upon first reading, an ordinance extending the ban on the deployment and

operation of scooters/bikeshare within the City of Hermosa Beach for a period of six

months or until the City adopts guidelines for shared mobility operations. (Attachment 1)

XIV. MUNICIPAL MATTERS

REPORT

20-0648

RECEIVE REPORT ON EMERGENCY

ENFORCEMENT MEASURES TO ENSURE

COMPLIANCE WITH PANDEMIC-RELATED HEALTH

ORDERS FROM BOTH THE CITY AND THE COUNTY

OF LOS ANGELES HEALTH DEPARTMENT

(City Manager Suja Lowenthal and Police Chief Paul LeBaron)

(This will be a verbal report)

REPORT

20-0634

APPROVE RESPONSE TO GRAND JURY

REPORT ENTITLED “A DIET FOR LANDFILLS:

CUTTING DOWN ON FOOD WASTE

(Environmental Programs Manager Douglas Krauss)

Staff recommends that Council:

Recommendation:

1. Approve the response letter to the Los Angeles County Civil Grand Jury report entitled

"A Diet for Landfills: Cutting Down on Food Waste;" and

2. Authorize the Mayor to sign the letter on behalf of the City of Hermosa Beach.

REPORT

20-0656

REQUEST FOR APPROVAL TO UNFREEZE THE DEPUTY

CITY MANAGER POSITION AS APPROVED IN THE 2020-2021

BUDGET AND FREEZE THE VACANT ASSISTANT TO

THE CITY MANAGER POSITION

(Human Resources Manager Vanessa Godinez)

Staff recommends that the City Council:

Recommendation:

1. Unfreeze the Deputy City Manager position as approved in the FY 2020-2021 Budget;

and

2. Freeze the recently vacated Assistant to the City Manager position.

REPORT

20-0644

ESTABLISHMENT OF A POLICY FOR THE SELECTION

OF THE CITY’S MAYOR AND MAYOR PRO TEMPORE

(Continued from meeting of September 22, 2020)

(City Attorney Michael Jenkins)

Staff recommends that the City Council consider adoption of a formal policy governing

selection of the Mayor and Mayor Pro Tempore.

Recommendation:

REPORT

20-0649

VACANCIES-BOARDS AND COMMISSIONS

PUBLIC WORKS COMMISSION TERM EXPIRATIONS

SCHEDULE APPLICANT INTERVIEWS

(City Clerk Eduardo Sarmiento)

Staff recommends City Council schedule interviews for Tuesday, November 10, 2020 at

4:15 p.m., for the purpose of interviewing Public Works Commission applicants for the

three terms due to expire October 31, 2020.

Recommendation:

REPORT

20-0659

CONSIDERATION OF ENDORSING MAYOR PRO TEM

JUSTIN MASSEY TO FILL THE WEST CITIES SECTOR SEAT ON

THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD

(City Clerk Eduardo Sarmiento)

Staff recommends that the City Council formally endorse Mayor Pro Tem Justin Massey

to fill the West Cities Sector Seat on the South Coast Air Quality Management District

(SCAQMD) Governing Board.

Recommendation:

XV. FUTURE AGENDA ITEMS - Requests from Councilmembers for possible future

agenda items and questions from Councilmembers regarding the status of future

agenda items. No discussion or debate of these requests shall be undertaken; the

sole action is whether to schedule the

item for consideration on a future agenda.

No public comment will be taken. Councilmembers should consider the city's work

plan when considering new items.

20-0666

IN LIGHT OF THE COURT’S ORDER GRANTING CROSSFIT GYM’S

WRIT OF MANDATE, COUNCILMEMBER FANGARY REQUESTS

THAT THE CITY COUNCIL PLACE ON THE AGENDA FOR THE

NEXT CITY COUNCIL PUBLIC MEETING AN AGENDA ITEM FOR

THE CITY COUNCIL TO CONSIDER THE FOLLOWING:

1. POSSIBLE CENSURE OF COUNCILMEMBER ARMATO DUE TO

THE FINDINGS INCLUDED IN THE COURT’S RULING THAT (A)

“’CONCRETE FACTS’ IN THE RECORD ESTABLISH AN

UNACCEPTABLE PROBABILITY THAT ARMATO WAS BIASED

AGAINST [CROSSFIT GYM]”; (B) ARMATO’S “STATEMENT THAT

HER COMMUNICATIONS WITH RESIDENTS WERE ‘PART OF THE

RECORD’ WAS MISLEADING”; AND (C) “ARMATO

COMMUNICATED DIRECTLY WITH CODE ENFORCEMENT

OFFICIALS . . . CONTRAVENING [HERMOSA BEACH MUNICIPAL

CODE] SECTION 2.12.080.”

2. EVALUATE IF THE CITY SHOULD CONTINUE TO PAY ARMATO’S

DEFENSE COSTS IN THE CROSSFIT GYM LITIGATION, IN LIGHT

OF THE COURT’S RULING.

3. EVALUATE WHETHER THE CITY IS ENTITLED TO

REIMBURSEMENT OF THE LEGAL COSTS INCURRED TO DATE

IN THE CROSSFIT LITIGATION, IN LIGHT OF THE COURT’S

RULING.

20-0660

TENTATIVE FUTURE AGENDA ITEMS

XVI. ADJOURNMENT

FUTURE MEETINGS AND CITY HOLIDAYS

CITY COUNCIL MEETINGS:

October 27, 2020 - Tuesday - 5:00 PM - Closed Session,

6:00 PM - City Council Meeting

November 4, 2020 - Wednesday - Adjourned Regular Meeting:

6:00 PM - Study Session

November 10, 2020 - Tuesday - 5:00 PM - Closed Session,

6:00 PM - City Council Meeting

November 12, 2020 - Thursday - Adjourned Regular Meeting:

6:00 PM - Appointment of Mayor & Mayor Pro Tem

November 24, 2020 - Tuesday - 5:00 PM - Closed Session,

6:00 PM - City Council Meeting

December 2, 2020 - Wednesday - Adjourned Regular Meeting:

6:00 PM - Study Session

December 8, 2020 - Tuesday - 5:00 PM - Closed Session,

6:00 PM - City Council Meeting

December 22, 2020 - Tuesday - No Meeting (Dark)

BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:

October 20, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting

November 2, 2020 - Monday - 6:00 PM - Economic Development Committee

November 5, 2020 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting

November 17, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting

November 18, 2020 - Wednesday - 7:00 PM - Public Works Commission Meeting

December 1, 2020 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting

December 7, 2020 - Monday - 6:00 PM - Economic Development Committee

December 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting

CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:

November 11, 2020 - Wednesday - Veteran's Day

November 26, 2020 - Thursday - Thanksgiving Day