MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 11, 1998, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - Steve Berry, representing BFI

ROLL CALL:

Present: Bowler, Oakes, Reviczky, Mayor Edgerton

Absent: Benz (arrived at 7:21 P.M.)

PROCLAMATIONS / PRESENTATIONS: - None

MAYOR'S COMMENTS/ANNOUNCEMENTS: - Mayor Edgerton announced a Household Hazardous Waste Round-Up on Saturday, August 29, 1998, from 9:00 A.M. To 3:00 P.M., at the Hughes Electron Dynamics Division, 3100 West Lomita Blvd., Torrance and said that for more information people could call: 1-888-Clean LA.

Mayor Edgerton also announced the extension of the filing deadline for the Beach Cities Health District due to the incumbents not running for re-election and urged anyone concerned with Hermosa Beach's interests to file.

And, Mayor Edgerton spoke on the special meeting of Thursday, September 17, 1998, at 7:00 P.M., for a review of the issues raised on safety concerns to be reviewed by the Aspen Company.

CLOSED SESSION REPORT FOR MEETING OF JULY 28, 1998 ACTION: - No Reportable Actions.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Steve Berry - Public Service Executive for BFI, introduced himself to the Council and the viewing citizens of Hermosa Beach; said he hoped to carry on the tradition of close ties to the community; and, said that BFI would be conducting a residential and commercial audit to determine if anyone was using the service without being billed.

Councilmember Benz arrived at 7:21 P.M.

(b) COUNCIL COMMENTS: Mayor Edgerton said that he and City Manager Stephen Burrell had attended the Morongo Indian suit against the FAA heard in San Francisco; he described some of the more unusual noise "averaging" techniques used by the FAA; Councilmember Bowler reminded the citizenry that the City would host a meeting with members of the FAA tomorrow night at 7:00 P.M. and urged the citizens to attend.

(c) WRITTEN COMMUNICATION:

1. Resident petition requesting evaluation of the safety of Eighth Street, including closure of Eighth Street, installation of speed bumps, building more sidewalks and additional enforcement.

Coming forward to address the Council on this item were:

Alan Cohen - 801 Bard Street, thanked the Council for the improvements in the downtown; spoke of the need for safety measures on Eighth Street; said that the lack of completed sidewalks made it difficult for pedestrians, especially with young children and showed a diagram of the unconnected patches of sidewalks; spoke of excessive speed and dangerous conditions; asked that Council consider some of the options that had been submitted such as eliminating the Eighth Street crossing of the Greenbelt; submitted information;

Susan Sole - 439 Eighth Street, said that she spoke on behalf of mothers with young children and said that conditions were very dangerous for pedestrians; asked the Council to make changes for safety; and,

Michael Cahalan - 805 Bard Street, spoke of changes in Hermosa Beach regarding the downtown area and said that there was an increase in late night traffic due to the increase in restaurants and bars; said that there needed to be stop signs at the intersections of Eighth Street and Cypress Avenue and at Eighth Street and Bard Street.

City Manager Burrell responded to Council questions.

Action: To direct staff to:

1. examine the options presented by the residents on or near Eighth Street concerning the safety of Eighth Street that consisted of:

• consistent sidewalks;
• close Eighth Street to through traffic;
• change Eighth Street to one-way traffic; and/or,
• increase traffic patrol and enforcement for speeding and noise;

1. use the study prepared in October of 1994, and return to Council with an agenda item for a future meeting, with a recommendation that shows the possible effect on neighboring streets as well as on Eighth Street; and,
2. ensure that the residents signing the petition are notified of the meeting by letter and by a newspaper advertisment.

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

2. Letter from Hermosa Beach Sister City Association requesting Council approval for installation of commemorative ceramic painting in Loreto Plaza.

Coming forward to address the Council on this item were:

Dick McCurdy - President, Hermosa Beach Sister City, spoke to his letter and requested that the plaque be installed and displayed at Loreto Plaza; and,

Winston Marshall - Hermosa Beach, displayed the 20" by 24" ceramic plaque created by Carolyn Barbre, formerly of Hermosa Beach.

Action: To approve the installation of the ceramic plaque commemorating the 300 year history of Loreto and the 90 year history of Hermosa Beach in an appropriate area of the City-owned walkway in Loreto Plaza.

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

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (d) Mayor Edgerton, (h) Mayor Edgerton, (i) Bowler, and (k) Mayor Edgerton.

Motion Reviczky, second Oakes. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 28, 1998.

Action: To approve the staff recommendation to approve the minutes of the regular meeting of the City Council held on July 28, 1998, as presented.

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14420 THROUGH 14545, NOTING VOIDED CHECKS NOS. 14447, 14534 AND 14540, AND TO APPROVE CANCELLATION OF CHECK NO. 14422 AS RECOMMENDED BY THE CITY TREASURER.

This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding plan check costs (over $18,000) and if the City planned to go out to bid for plan check; and, the cost of reclaimed water on a per acre foot basis.

City Manager Burrell responded to Council questions and said that plan check would be going to bid and that he would return with the cost of water per acre foot.

Action: To ratify the check register as presented.

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

(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 APPROPRIATE $3,000 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO THE POLICE DEPARTMENT. Memorandum from Finance Director Viki Copeland dated August 4, 1998.

This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to publicly acknowledge and thank the donor.

Action: To approve the staff recommendation to appropriate the $3,000 donation from the Woman's Club of Hermosa Beach to the Police Department for the purchase of a police motorcycle and equipment.

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

(e) RECOMMENDATION TO APPROVE AGREEMENT WITH DMR TEAM, INC. IN THE AMOUNT OF $21,515 FOR CONSULTING ENGINEERING SERVICES ON THE MONTEREY BOULEVARD STREET IMPROVEMENTS FROM PIER AVENUE TO 19TH STREET. Memorandum from Public Works Director Harold Williams dated August 4, 1998.

Action: To approve the staff recommendation to:

1. approve the agreement between the City of Hermosa Beach and DMR Team, Inc. in the amount of $21,515 for consulting engineering services on the Monterey Boulevard street improvements from Pier Avenue to 19th Street; and,
2. authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney.

(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 15, 1998.

Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 15, 1998.

(g) RECOMMENDATION TO APPROVE THE CONSTRUCTION DOCUMENTS FOR THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT (CIP 97-525, 98-626) AS DESIGNED BY LAWRENCE MOSS & ASSOCIATES AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT . Memorandum from Public Works Director Harold Williams dated August 4, 1998.

Action: To approve the staff recommendation to:

1. approve the construction documents for the Community Center Skate Track and Tennis Court Project (CIP 97-525, 98-626) as designed by Lawrence Moss & Associates; and,
2. authorize the advertisement for bids for the construction of the Community Center Skate Track and Tennis Court Project.

(h) RECOMMENDATION TO DIRECT CITY CLERK TO APPROPRIATELY AMEND THE CITY'S CONFLICT OF INTEREST CODE, ENSURING IT IS ACCURATE AND UP TO DATE, AND SUBMIT THE AMENDED CODE TO COUNCIL FOR FINAL APPROVAL WITHIN 90 DAYS, PURSUANT TO STATE LAW. Memorandum from City Clerk Elaine Doerfling dated July 29, 1998.

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

Deputy City Clerk Naoma Valdes clarified the statutory nature of this item and said that since this would come back as a Resolution, it was different than, and would not change, the conflict of interest Ordinances codified in the Municipal Code.

Action: To approve the staff recommendation to direct the City Clerk to:

1. appropriately amend the City's Conflict of Interest Code, ensuring it is accurate and up to date, and
2. submit the amended Code to Council for final approval within 90 days, pursuant to State law.

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

(i) RECOMMENDATION TO RATIFY THE ACTION OF THE CITY MANAGER TO COMPLETE THE ASPEN STUDY BY AUTHORIZING THE ADDITIONAL WORK NECESSARY AS A RESULT OF THE PUBLIC INPUT RECEIVED AT THE STAKEHOLDERS MEETING. Memorandum from City Manager Stephen Burrell dated July 29, 1998.

This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to clarify that technical issues had been raised that had added studies (and costs) to the report that would be heard on Thursday, September 17, 1998.

Action: To approve the staff recommendation to ratify the action of the City Manager to complete the Aspen Study by authorizing the additional work necessary as a result of the public input received at the Stakeholders Meeting for the additional cost of $10,500.

Motion Bowler, second Mayor Edgerton. The motion carried, noting the abstentions of Benz and Reviczky.

(j) RECOMMENDATION TO RECEIVE AND FILE THE REVENUE AND EXPENDITURE REPORTS FOR JUNE, 1998. Memorandum from Finance Director Viki Copeland dated August 6, 1998.

Action: To approve the staff recommendation to receive and file the revenue and expenditure reports for June, 1998, showing that General Fund revenue is 102.0% and Parking Fund revenue is 98.3% received for 100% of the fiscal year and General Fund expenditures are 91.9% and Parking Fund expenditures are 96.1% for 100% of the fiscal year.

(k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52278 FOR A 5-LOT SUBDIVISION FOR FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AT 532-540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated August 6, 1998.

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

Community Development Director Blumenfeld responded to Council questions.

Action: To approve the staff recommendation to adopt Resolution No. 98-5931, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #52278 FOR A 5-LOT SUBDIVISION FOR FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AT 532-540 20TH STREET, HERMOSA BEACH, CALIFORNIA."

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

2. CONSENT ORDINANCES - None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(b), (d), (h), (i), and (k) 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

The meeting recessed at the hour of 8:15 P.M.

The meeting reconvened at the hour of 8:37 P.M.

MUNICIPAL MATTERS

4. INSTALLATION OF OPERATIONAL IMPROVEMENTS ON THIRD STREET EAST OF PACIFIC COAST HIGHWAY AND OCEAN VIEW BETWEEN THIRD AND FOURTH STREETS. Memorandum from Public Works Director Harold Williams dated August 4, 1998.

Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Public participation opened at 8:52 P.M. Coming forward to address the Council on this item were:

Janet Taranto - 906 Third Street, said that she did not believe the raised island on Ocean View Avenue would have the desired effect of reducing dangerous traffic; did like the concept of two-way traffic on lower Third Street and asked that lot 21 be closed for a six-month trial period;

Nicole Libresco - 843 Fourth Street, said that she would really like a park on Lot 21, but asked that the intersection at least be closed on a trial basis;

Ellen Murphy - 843 Third Street, said that cars speed up when they make an illegal turn; said that she had lost a dog due to an illegal driver; and said that a park would be an asset to the area;

Gene Taranto - 906 Third Street, said that a raised island at the Ocean View Avenue intersection with Third Street would not affect the current traffic flow or stop wrong-way turns; asked the Council to consider the safety of the children in the area;

Nicole Webb - 840 Third Street, said that the traffic was very dangerous in this area;

Stacy Gleason - 916 Third Street, said that she had had a child hit on Third Street; and,

Deb Scanlon - 915 Third Street, said that there was a lot more traffic and many more children now than in the past.

Public participation closed at 9:13 P.M.

Action: To approve the staff recommendation to:

1. approve the installation of a raised barrier channelizing Third Street east of Pacific Coast Highway and converting Third Street from one-way to two-way between Pacific Coast Highway and 120 feet east of Pacific Coast Highway at a cost estimated at $2,000, and, noting that parking was not to be removed in this area;
2. install temporary barriers at the north and south end of the area known as Lot 21 on Ocean View, for a six-month evaluation period; and,
3. direct staff to explore the possibility of eventually closing the area permanently and creating a small park.

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

5. CONCEPTUAL APPROVAL FOR CITY HOLIDAY DECORATION PROGRAM. Memorandum from Community Resources Director Mary Rooney dated August 5, 1998.

Community Resources Director Mary Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Coming forward to address the council on this item was:

Jeff (J.R.) Revinsky - Dekra-Lite designer, displayed design sketches and responded to Council questions.

Action: To approve the staff recommendation to:

1. approve a holiday decoration program in concept;
2. direct staff to return with three potential budgets ranging from $5,000 to $20,000 to $40,000; and,
3. direct staff to recognize the Council priorities (in ascending order) as:
   1. Pacific Coast Highway (PCH) lighted street banners at the north and south City entrances;
   2. white lights on the palm trees in the downtown plaza;
   3. up to a 25 foot Christmas tree in the plaza;
   4. lighted street banner at the Ardmore Avenue/Valley Drive/Pier Avenue intersection;
   5. lighted street banner at the Pier Avenue/ Aviation Blvd./PCH area; and,
   6. as money is available, to continue with decorations down Pier Avenue

Motion Mayor Edgerton, second Oakes. The motion carried, noting the dissenting vote of Benz.

6. ORDINANCE IMPLEMENTING STATUTORY PREREQUISITES FOR LIMITED TORT LIABILITY IMMUNITY. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 5, 1998.

Risk Manager Earl presented the staff report and responded to Council questions.

Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1183, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.20 AND 12.28 OF THE MUNICIPAL CODE BY ADDING NEW PROVISIONS DESIGNATING THE STRAND, CERTAIN BIKEWAYS, SOUTH PARK AND CERTAIN SKATEBOARD FACILITIES AS RECREATIONAL AREAS IN WHICH IN-LINE SKATING IS PERMITTED, AND AMENDING CHAPTER 12.28 BY ADDING A NEW PROVISION REQUIRING THE USE OF SAFETY EQUIPMENT AT PUBLICLY-OWNED OR PUBLICLY-OPERATED SKATEBOARD FACILITIES."

Motion Mayor Edgerton, second Reviczky.

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

NOES: None

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. RECOMMENDATION TO CONFIRM SPECIAL MEETING DATE OF TUESDAY, SEPTEMBER 1, 1998, 7:00 P.M. TO ADDRESS ZONING, PARKING, AND OPEN SPACE REQUIREMENTS.

City Manager Burrell requested that this meeting be continued to a time more convenient to the majority of the Council.

Action: Mayor Edgerton directed, with the consensus of the Council, that this item be continued to a more convenient time.

b. RECOMMENDATION TO CONFIRM SPECIAL MEETING DATE OF THURSDAY, SEPTEMBER 17, 1998, 7:00 P.M. FOR REVIEW OF ASPEN REPORT. Memorandum from City Manager Stephen Burrell dated August 5, 1998.

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

Action: Mayor Edgerton directed, with the consensus of the Council, to approve the date of Thursday, September 17, 1998, at the hour of 7:00 P.M., for a Special Meeting to review the Aspen Report regarding the potential for hazards if oil drilling is allowed in Hermosa Beach.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 1999. Memorandum from City Clerk Elaine Doerfling dated July 30, 1998.

Deputy City Clerk Valdes presented the staff report and responded to Council questions.

Action: To approve the staff recommendation to:

1. direct the City Clerk to advertise the vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past;
2. invite applications from persons interested in being appointed to fill the unexpired term, ending June 30, 1999, with a deadline of Wednesday, September 2nd at 6 p.m., for submitting applications; and,
3. return the matter to Council on the Thursday, September 10, 1998, agenda for either appointment or the scheduling of applicant interviews.

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

9. OTHER MATTERS - CITY COUNCIL

Requests from Council members for possible future agenda items:

a. Request from Councilmember Benz for consideration of securing another band to do the concert on the beach on September 19, 1998, and consider charging admission to cover the costs.

Councilmember Benz spoke to his request.

Community Resource Director Rooney responded to Council questions, saying that the time was too short to promote a paid concert for this date, but, a paid concert was feasible with more time for planning.

Action: To direct that Community Resources Director Mary Rooney try to secure a substitute band for the free concert on the beach for Saturday, September 19, 1998, providing that a sponsor can be found.

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

CITIZEN COMMENTS

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

City Manager Burrell announced that the closed session planned for tonight would not be held.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 11, 1998, at the hour of 10:30 P.M. to the Regular Adjourned Meeting of Wednesday, August 12, 1998, at the hour of 7:00 P.M. for the purpose of meeting with representatives of the Federal Aviation Administration to discuss aircraft noise, over flights and quality of life issues in Hermosa Beach.

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