MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, April 14 , 1997, at the hour of 6:12 P.M.

PLEDGE OF ALLEGIANCE - John Hales, resident

ROLL CALL :

Present: Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: Benz

PUBLIC PARTICIPATION:

No one came forward at this time to address the Council.

1. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. Supplemental information consisting of proposed change order no. 19 received from the Public Works Department on April 14, 1997 at the start of the meeting.

City Manager Stephen Burrell presented the staff report and responded to Council questions saying that this amendment to the contract had been agreed to and signed by the contractor; that it allowed the contractor to do the remaining work concurrently rather than in specific phases; but, some of the contract specifications for fabricated items such as bollards, lights and the kiosk still remained to be resolved.

City Attorney Michael Jenkins said this agreement released only the time-delay related claims by both parties to this date; that this wiped the slate clean and re-started the original contract with new schedules, new completion dates and incentives, and, new dates for the accrual of liquidated damages.

Public participation opened at 6:51 P.M.

John Burt - 1152 Seventh Street, related his conversations with people in the downtown area;

Pete Tucker - 235 34th Street, questioned if there was a problem with the contractor supplying the fixtures and the palm trees to specifications;

Bill Bastian - Patrick Malloy's Pub, questioned the 30 days that the contractor was behind in his schedule; said he could understand the four days lost to rain but wanted to know what had caused the delay to the other 26 days;

Jack Raad - Unispec, General Contractor for the project, said that from the start date of January 2nd he had documented every delay; said that delays had been caused by Edison, Water and Gas companies, all work that should have been done prior to the start of his contract; asked that there be a full public hearing to air both the City's charges and his charges; and,

Etus Della Ripa - Downtown Bakery, expressed concern that this new time schedule would not be met by the contractor; said that there had been problems with the project starting with the first day when only three men, shoveling dirt into bags, had been on the job.

Public participation closed at 7:04 P.M.

Proposed Action: To approve the proposed amendment to the contract, but, with the change that the City not waive its claim to liquidated damages to date.

Motion Edgerton. The motion died due to the lack of a second.

Action: To approve the staff proposed, "Change Order No. 19, Lower Pier Avenue Streetscape (CIP 94-160)", as presented which changes the time of completion, phasing, incentives and liquidated damages of the project.

Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Edgerton and the absence of Benz.

City Manager Burrell said that the regular Council meeting of April 22, 1997, could not be held due to the conflict with Passover and asked that the Council approve an alternate date and include the continued public hearing for the Power Street development.

Action: To approve the date of Tuesday, April 29, 1997, at the hour of 7:10 P.M. for the adjourned regular meeting, which will include the continued public hearing for the Power Street development, in place of the regular meeting of April 22, 1997.

Motion Bowler, second Oakes. The motion carried, noting the absence of Benz.

CITIZEN COMMENTS

Coming forward to address the Council at this time was:

Jack Raad - Unispec, General Contractor for the project, said that he agreed with Councilmember Edgerton's suggested motion if it would allow his company not to waive its claims as well as the City; responded to Council questions.

City Attorney Jenkins said that prior to the meeting Mr. Raad had opposed that offered option. Mr. Jenkins responded to Council questions.

City Manager Burrell and Public Works Director Amy Amirani also responded to Council questions.

Continuing to come forward to address the Council were:

Pete Tucker - questioned the effect of possible additional delays;

Missy Sheldon - suggested that the Council continue with the contract that had been signed by the contractor rather than speculate on the chance that a new agreement could be finalized;

John Burt - expressed concerns regarding Council actions; and,

Lisa Della Ripa - Downtown Bakery, suggested that the Council continue with the original agreement; questioned how long the sidewalks would be torn-up; said that she had been told two weeks at one time and almost double that at a later date.

Proposed Action: To reconsider the main motion.

Motion Bowler, second Edgerton. The proposed motion died when it was withdrawn by the maker.

Proposed Action: To amend the main motion by including the stipulation that the mutual release of all time related claims will activate only if the project benchmarks were completed by the dates agreed to in Change Order No. 19.

Motion Edgerton, second Oakes. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky and noting the absence of Benz.

Continuing to come forward to address the Council were:

Gary Vincent - Patrick Malloy's Pub, said that he felt it was important that the Council keep the threat of litigation as a deterrent to more delays by the contractor;

Bill Robb - Quality Thrift, thanked the Council;

Lisa Della Ripa - Downtown Bakery, said that she preferred the original agreement; and,

Missy Sheldon - asked for a tentative schedule of the work to be done in the next two weeks.

Public Works Director Amirani said that tomorrow there was an acid wash scheduled for the sidewalk on the south side of Pier Avenue and the installation of the granite pavers; also the demolition was scheduled for the north side of the street which would continue for a total of three days.

It was announced that there would be a Downtown Merchants meeting tomorrow morning, Tuesday, April 15, 1997, at 9:00 A.M., at Patrick Malloy's Pub.

ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, April 14, 1997 at the hour of 8:03 P.M. to the Regular Meeting of Tuesday, April 22, 1997 at the hour of 7:10 P.M.