MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 26, 1999, at the hour of 7:20 P.M.

PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator

ROLL CALL:

Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz

Absent: None

MAYOR'S COMMENTS/ANNOUNCEMENTS:

Councilmember Reviczky requested that tonight's meeting be adjourned in memory of Glenn Davis, long-time Hermosa Beach resident.

Action: To approve the adjournment of the meeting in memory of Glen Davis.

Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote.

Councilmember Reviczky read a letter from the Northridge Medical Center thanking everyone for the toys that were donated for the holidays.

Councilmember Edgerton commented on a story in the Los Angeles Times citing Hermosa Beach for being in the top ten cities in the percentage of gain for residential sales prices at 19 percent.

Councilmember Edgerton raised an issue with parking tickets given for an expired meter then shortly afterwards ticketed again for the car being over the maximum allowable time.

Action: To direct staff to draft a report and set an agenda item to discuss the issue of double ticketing.

Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote.

PROCLAMATIONS/PRESENTATIONS: None

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Joanne Edgerton - representing the Hermosa Beach Education Foundation, spoke on the organization's upcoming fundraiser at Pointe 705 on Saturday, February 6, 1999, from 5:00 P.M. until 10:00 P.M. for $95 per person and urged everyone to support the non-profit group by buying tickets.

(b) COUNCIL COMMENTS: None

(c) WRITTEN COMMUNICATION: None

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky, (h) Edgerton, (i) Edgerton, (j) Reviczky, (k) Edgerton, (l) Edgerton and (m) Edgerton.

Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

No one came forward to address the Council on items not removed from the consent calendar.

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1) Minutes of the Regular Meeting held on January 12, 1999.

Action: To approve the minutes of the Regular Meeting of January 12, 1999, as presented.

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16055 THROUGH 16149, NOTING VOID CHECK NOS. 16059, 16082, 16107 AND 16126, AND TO APPROVE CANCELLATION OF CHECK NOS. 15397, 15587, 15591, 15943, 16033, 15991, 15911, 15981 AND 16010 AS RECOMMENDED BY THE CITY TREASURER.

Action: To ratify the check register as presented.

(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.

Action: To receive and file the tentative future agenda items as presented.

(d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER, 1999, FINANCIAL REPORTS:

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.

Action: To receive and file the December, 1999, Financial Reports as presented.

(e) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE CUP AND PDP FOR AN 80 UNIT SENIOR HOUSING FACILITY AT 1837 PACIFIC COAST HIGHWAY AND REVISION TO THE NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 1998.

Action: To approve the staff recommendation to:

1. adopt Resolution No. 99-5952, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR AN EIGHTY (80) UNIT ASSISTED LIVING SENIOR HOUSING FACILITY, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1837 PACIFIC COAST HIGHWAY."; and,
2. approve the Negative Declaration, as revised to remove the mitigation measure prohibiting parking on P.C.H.

(f) RECOMMENDATION TO DIRECT STAFF TO PUBLISH THE RESULTS OF THE NEW CLASS 4 INSURANCE SERVICE OFFICE (ISO) CLASSIFICATION. Memorandum from Fire Chief Pete Bonano dated January 19, 1999.

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order for the community to be apprised of the possible reduction to the cost of fire insurance due to the new ISO Class 4 classification for the City.

Fire Chief Bonano responded to Council questions.

Action: To approve the staff recommendation to direct staff to publish the results of the new Class 4 ISO Classification that may allow commercial and residential fire rate reductions.

Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

(g) RECOMMENDATION TO AWARD CONTRACT FOR SKATE TRACK CONSTRUCTION TO ASAN CONSTRUCTION (CIP 97-525) AND AWARD CONTRACT FOR TENNIS COURT CONSTRUCTION AND PARKING LOT IMPROVEMENTS AND LANDSCAPING (ARDMORE WALL) TO PIMA CORP. DBA ADVANCED CONSTRUCTION (CIP 98-526). Memorandum from Public Works Director Harold Williams dated January 14, 1999.

Action: To approve the staff recommendation to:

1. award the contract for Skate Track construction to Asan Construction based on lowest bid price of $104,800;
2. award the contract for:
   • (a) tennis Court construction;
   • (b) parking lot improvements; and,
     • (c) landscaping (Ardmore wall) to Pima Corporation dba Advanced Construction based on lowest bid price of $347,000;
3. appropriate $1,880 to CIP 97-525 (Skate Track) and $206,837 to CIP 97-526 (Tennis Courts) from the 4% UUT Fund to provide the total funding required for the projects;
4. direct the City Clerk to release all other bid bonds; and,
5. authorize the Director of Public Works/City Engineer to issue change orders as necessary within the project budgets.

(h) RECOMMENDATION THAT THE CITY OF HERMOSA BEACH MAINTAIN ITS EXISTING RADIO MAINTENANCE CONTRACT WITH ADVANCED ELECTRONICS OF GARDENA. Memorandum from Police Chief Val Straser dated January 20, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

Police Chief Straser presented the staff report and responded to Council questions.

Coming forward to address the Council on this item was:

Steve Henderson - representing Radio Wave, said that his company had a big facility overall and had increased its technicians from four to seven.

Action: To approve the staff recommendation to maintain the existing radio maintenance contract with Advanced Electronics of Gardena, California, at an annual cost of $24,718.00.

Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz.

(i) MEMO FROM COMMUNITY RESOURCES REGARDING ST. PATRICK'S DAY PARADE. Memorandum from Community Resources Director Mary Rooney dated January 11, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting

Community Resources Director Rooney presented the staff report and responded to Council questions.

Coming forward to address the Council on this item was:

Travers Devine - Co-chairperson for the Parade, spoke to the event now in its fifth year, said that the route would be the same as last year and that there would be more entrants this year including a representative from Ireland, the County Manager from County Tipperary.

Action: To approve the staff recommendation to approve:

1. the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their Saint Patrick's Day Parade and Festival on Saturday, March 13, 1999;
2. the event contract and street closures as requested; and,
3. fee waiver/funding requests as follows:
   • (a) $5,000 allocation from the Downtown Enhancement Fund for Parade expenses (it is currently listed in the FY 98-99 budget);
   • (b) $2,000 from Proposition A Transportation Funds for shuttle bus service;
   • (c) waiver of: parking fees, banner fees, and amplification permit fees; and,
   • (d) billing for Police, Fire and Public Works services at actual hourly cost (remove administrative overhead charges.)

Motion Edgerton, second Bowler. The motion carried by a unanimous vote.

(j) RECOMMENDATION TO CITY COUNCIL TO ACCEPT THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE VETTER WINDMILL DONATION ACCOUNT: $250.00 FROM RO-AL, INC./PATRICK MALLOY'S; $150.00 FROM STONEPOINT, INC.; $200.00 FROM ROBERT'S LIQUOR STORE AND $1,000.00 FROM LEARNED LUMBER COMPANY . Memorandum from Finance Director Viki Copeland dated January 12, 1999.

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors.

Action: To approve the staff recommendation to accept the following donations:

• Ro-Al, Inc./Patrick Malloy's - $ 250.00 for the New Year's Eve Celebration;
• Stonepoint, Inc. - $ 150.00 for the CBVA tournament;
• Robert's Liquor Store - $200.00 00 for the New Year's Eve Celebration; and,
• Learned Lumber Company - $1,000.00 for the Vetter Windmill restoration fund.

Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

(k) RECOMMENDATION TO ADOPT RESOLUTION OF THE ANNUAL STATEMENT OF INVESTMENT POLICY. Memorandum from City Treasurer John Workman dated January 20, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

Coming forward to address the Council on this item was:

John Workman - City Treasurer, spoke to his resolution, stressed the conservative nature of the City's investment policy and responded to Council questions.

Viki Copeland - Finance Director, responded to Council questions.

Action: To approve the staff recommendation to adopt Resolution No. 99-5953, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1999.", as amended on:

1. page one, line 18, delete the words "highest ... possible" and substitute "...favorable interest yields...";
2. page one, line 21, insert "It does not buy stocks or derivatives , it does not..."; and,
3. page two, line 25, insert "...submit current, annual, certified statements..."

Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote.

Final Action: To direct staff to analyze the bank fees charged to the city and report back to Council.

Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote.

(l) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICE AGREEMENT CIP 97-525 & 98-526 FOR SKATE TRACK AND TENNIS COURT PROJECT TO CONSTRUCTION MANAGEMENT SERVICES. Memorandum from Public Works Director Harold Williams dated January 19, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

Public Works Director Williams presented the staff report and responded to Council questions saying that it should take 90 days to complete the skateboard project so the Council could expect an opening by the early part of June. City Manager Burrell also responded to Council questions.

Action: To approve the staff recommendation to:

1. Approve the agreement between the City and DMR Team, Inc., for construction management services for Project No. CIP 97-525 & CIP 98-526 (Skate Track and Tennis Courts) in the amount of $21,998; and
2. Appropriate $24,198 from the 4% UUT Fund to Project No. CIP #97-525 and CIP #98-526, Community Center Skate Track and Tennis Courts; and
3. Authorize the Mayor to execute and the City Clerk to attest the contract agreement, upon approval as to form by the City Attorney.

Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

Final Action: To direct staff to return during budget consideration with information on the possible cost savings (if any) of a full time staff person for the position of construction management.

Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

(m) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 19, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

City Manager Burrell responded to Council questions.

Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of January 19, 1999.

Motion Edgerton, second Oakes. The motion carried by a unanimous vote.

2. CONSENT ORDINANCES

(a) ORDINANCE No. 99-1189 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 20, 1999.

Action: To waive full reading and adopt Ordinance No. 99-1189 as amended to include an additional finding of "H. The City Council finds that this ordinance does not establish a new fee or increase any existing fee.", and to correct items D and E by consolidation into item D and re-lettering the rest of the items.

Motion Reviczky, second Oakes.

AYES: Bowler, Edgerton, Oakes, Reviczky

NOES: Mayor Benz

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(f), (h), (i), (j), (k), (l), and (m) were heard at this time but are shown in order for clarity.

Public comments on items removed from the consent calendar are shown under the appropriate item.

PUBLIC HEARINGS: None

MUNICIPAL MATTERS

4. 1997-98 COMPREHENSIVE ANNUAL FINANCIAL REPORT (INCLUDING REPORT FROM INDEPENDENT AUDITOR). Memorandum from Finance Director Viki Copeland dated January 13, 1999.

Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Public participation opened at 8:45 P.M. Coming forward to address the council on this item were:

Gary Caporicci - Caporicci and Larson, City's independent auditors, said that the City had been given an unqualified rating, the highest given in an audit; said that the average reserve balance for cities was 14 percent (with some as low as three percent) while Hermosa Beach had 17 percent; and spoke of a new reporting model and year 2000 compliance.

Public participation closed at 8:55 P.M.

Action: To approve the staff recommendation to:

1. receive and file the 1997-98 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, the City's independent auditors; and,
2. amend the current policy on transferring General Fund surplus to divide any surplus between the Equipment Replacement Fund (ERF), Insurance Fund and Capital Improvement Fund.

Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

The meeting recessed at the hour of 8:57 P.M.

The meeting reconvened at the hour of 9:30 P.M. and suspended the order of the agenda to go to item 8.

5. ARCHITECTURAL RESOURCES SURVEY SEISMIC RETROFIT PLAN REVIEW & ASSESSMENT - BIJOU THEATER BUILDING - 1227-1235 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1999.

Councilmember Bowler declared a potential conflict of interest due to owning a business within the 300-foot radius and left the dais and the room at the hour of 9:56 P.M.

Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions.

Public participation opened at 10:05 P.M. Coming forward to address the Council on this item was:

Jay Ziff - Planning Consulting Research (PCR), City Consultant, introduced Ms. Ostashay; responded to Council questions;

Jan Ostashay - PCR, City Consultant, spoke to her findings regarding architectural significant features of the Bijou Theatre building and responded to Council questions; and,

John Given - representing CIM Group, building owners, said the reconfiguration of the theatre floor was necessary in order to provide for retail space and that if it were not allowed then there would be no reason to invest $500,000 for the seismic retrofit.

Public participation closed at 11:25 P.M.

Main Motion: To allow the Bijou owners to proceed with the seismic retrofit with the caveat that the work is monitored and to approve the proposed upgrades, including the addition of windows on the north side of the building and the leveling of the floor.

Motion Reviczky, second Mayor Benz.

Substitute Motion: To approve only the structural retrofit plans as presented this evening.

Motion Edgerton, second Oakes. The motion failed, with Edgerton casting the only affirmative vote.

Final Action: The main motion was amended by the maker and the second to remove the issue of leveling the floor from tonight's approval, with direction to staff that the item return to the Council at its February 9, 1999, meeting with a report on the effect that leveling the floor would have on the architectural features of the two doorways and with the other issues not discussed or acted on this evening, including the historic designation of the Bijou Building.

The main motion, as amended, carried, noting the dissenting vote by Edgerton and the absence of Bowler

6. SURFER'S WALK OF FAME Memorandum from City Manager Stephen Burrell dated January 20, 1999.

City Manager Burrell presented the staff report and responded to Council questions.

Coming forward to address the Council on this item was:

Roger Bacon - 1100 Pacific Coast Highway, spoke to the Surfer's Walk of Fame; requested approval of a banner program to raise the necessary funds; and, said that he had a check to start the project and presented it to the City Manager.

Action: To approve the concept of a Surfer's Walk of Fame, allow the collection of funds by selling banner space over Pacific Coast Highway and direct staff to work with Roger Bacon on this project and return to Council with a more complete presentation including financial information.

Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. Memo from the City Manager regarding the City Council's Fiesta Sub-committee

City Manager Burrell spoke regarding the sub-committee meeting. Councilmembers Edgerton and Oakes also spoke regarding the meeting.

Action: Mayor Benz directed, with the consensus of the Council, that the sub-committee continue to meet and report back to Council.

At the hour of 9:55 P.M. the order of the agenda was returned to item 5.

9. OTHER MATTERS - CITY COUNCIL

Requests from Councilmembers for possible future agenda items:

a. Request by Councilmember Reviczky to direct staff to install a curb on the greenbelt parking area to protect landscaping and irrigation equipment.

Councilmember Reviczky spoke to his request.

Action: To direct staff to install a curb on the greenbelt parking area to protect landscaping and irrigation equipment.

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

b. Request by Councilmember Reviczky to amend Section 17.44 of the Zoning Code pertaining to limited exceptions to exterior only access to living areas in single family homes.

Councilmember Reviczky spoke to his request.

Action: To direct that the Planning Commission study an amendment to Section 17.44 of the Zoning Code pertaining to limited exceptions to exterior only access to living areas in single family homes.

Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

CITIZEN COMMENTS - None

City Attorney Jenkins requested an additional item, Keep Hermosa Beautiful v. City of Hermosa Beach , be included for the closed session as the need to discuss this item had arisen after the agenda had been posted.

Action: To add to the closed session agenda discussion of Keep Hermosa Beautiful v. City of Hermosa Beach with the finding that the need to discuss this item had arisen after the posting of the agenda.

Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957.8

Title: City Manager

2. KEEP HERMOSA BEAUTIFUL V. CITY OF HERMOSA BEACH: Pursuant to Government Code Section 54956.9

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Glenn Davis on Wednesday, January 26, 1999, at the hour of 12:15 A.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 12:20 A.M. At the hour of 12:30 A.M. the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, January 26, 1999, at the hour of 12:30 A.M. to the Regular Meeting of Tuesday, February 9, 1999, at the hour of 7:10 P.M.

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