MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 10, 1997, at the hour of 7:20 P.M.

PLEDGE OF ALLEGIANCE - Rick Hankus, Pres., Chamber of Commerce

ROLL CALL :

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

Absent: None

MAYOR'S COMMENTS/ANNOUNCEMENTS : None

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Rick Hankus - Chamber of Commerce President, presented a check for $8,400 to the City as a portion of the vendor fees from the recent "Fiesta de las Artes"; thanked City staff for the help given with the Fiesta; recounted contributions made by businesses recently and suggested the City earmark the money for the purchase of new street trash containers.

(b) COUNCIL COMMENTS: Councilmember Bowler said that he liked the idea of earmarking the Chamber of Commerce contribution for the purchase of new trash containers as that was a badly needed item in the downtown area.

Action: To direct staff to earmark the Chamber of Commerce contribution for the purchase of new trash containers.

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

(c) WRITTEN COMMUNICATION - None

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item which were removed for discussion in item 3, but is shown in order for clarity: (a) Mayor Reviczky at the request of the City Clerk's Office and noting the question from Councilmember Benz regarding night scopes paid in item 1(b) (City Manager Stephen Burrell said this was a Police Department item for infra-red night vision gun scopes.)

Motion Bowler, 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 FOLLOWING MINUTES:

1) Minutes of the Regular Meeting held on May 27, 1997; and,

2) Minutes of the Adjourned Regular Meeting held on May 29, 1997, with supplemental minutes from the City Clerk's Office dated June 10, 1997.

This item was removed from the consent calendar by Mayor Reviczky, at the request of the City Clerk's office, for separate discussion later in the meeting.

Action: To approve the minutes of the Regular Meeting of May 27, 1997, and the supplemental minutes of the Adjourned Regular Meeting of May 29, 1997, as presented.

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

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10314 THROUGH 10522 INCLUSIVE, NOTING VOIDED CHECKS NO. 10489 AND 10503, AND TO APPROVE CANCELLATION OF CHECK NO. 10326 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 APPROVE LEASE RENEWAL WITH LOS ANGELES COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997.

Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to:

1) approve the one-year lease agreement between the Los Angeles County Bar Association Dispute Resolution Services and the City for the use of Room 6B in the Community Center at a rate of $186 per month (200 sq.ft. X $.93 per sq.ft.) from July 1, 1997 through June 30, 1998 for a total rental income of $2,232; and,

2) authorize the Mayor to sign the lease.

(e) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH BEACH CITIES HEALTH DISTRICT FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997.

Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to:

1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Rooms 5 and 6A in the Community Center at a rate of $859 per month (924 sq.ft. X $.93 per sq.ft.) from July 1, 1997 through June 30, 1998 for a total rental income of $10,308; and,

2) authorize the Mayor to sign the lease.

(f) RECOMMENDATION TO APPROVE LEASE RENEWAL AND FEE WAIVER FOR HERMOSA BEACH COMMUNITY CENTER FOUNDATION FOR THE USE OF ROOM C IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997.

Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to:

1) approve the one-year lease renewal and fee waiver between the Hermosa Beach Community Center Foundation and the City for the use of Room C in the Community Center from July 1, 1997 through June 30, 1998, noting that the normal rent would be $290 per month (312 sq.ft. X $.93 per sq.ft.) for a total annual subsidy of $3,480; and,

2) authorize the Mayor to sign the lease.

(g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated May 28, 1997.

Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator :

1) Claimant: Pier Connection

Date of Loss: 4/18/97

Date Filed : 5/5/97

Allegation : Claimant alleges "Lack of notification re. work on lower Pier Avenue; i.e. workers without notice started plowing and/or pushing sand into store", thereby causing damage to goods.

(h) RECOMMENDATION TO APPROVE PURCHASE OF FOUR (4) UNMARKED POLICE VEHICLES FROM WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA UNDER THE COOPERATIVE PURCHASE PROVISIONS OF LOS ANGELES COUNTY BID #T-0216 FOR $89,994.72. Memorandum from Police Chief Val Straser dated May 29, 1997.

Action: To approve the staff recommendation to:

1) approve the purchase of four (4) unmarked police vehicles (Ford Crown Victoria) from the Wondries Fleet Division of Alhambra, California under the Cooperative Purchase Provisions of Los Angeles County Bid #T-0216, at a cost of $20,784 per vehicle (not including tax) for a savings of $2,753 per car; and,

2) approve the initiation of a purchase order to place the order for the vehicles, but to authorize payment after July 1, 1997, noting that the delivery time is sixty (60) days A.R.O.

(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 21, 1997.

Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of May 21, 1997, as presented.

(j) RECOMMENDATION TO APPROVE CONTRACT FOR USER FEE STUDY WITH DAVID M. GRIFFITHS & ASSOCIATES IN THE AMOUNT OF $30,000 PLUS $2,500 ESTIMATED FOR EXPENSES AND APPROPRIATE FUNDS FROM THE GENERAL FUND TO THE FINANCE DEPARTMENT BUDGET. Memorandum from Finance Director Viki Copeland.

Action: To approve the staff recommendation to:

1) approve a contract with David M. Griffiths and Associates, Ltd. (DMG) in the amount of $30,000 plus an estimated $2,500 for expenses; and,

2) appropriate funds from the General Fund to the Finance Department budget.

(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF JUNE 4, 1997.

Action: To approve the staff recommendation to receive and file the action Minutes from the Downtown Business Area Enhancement District Commission of June 4, 1997, as presented.

(l) RECOMMENDATION TO AWARD CONTRACT TO ARBORISTS IN THE AMOUNT OF $13,250 FOR TREE TRIMMING AT VALLEY PARK AND THE COMMUNITY CENTER AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADJUST AS NECESSARY PER THE APPROVED FY 96-97 BUDGET. Memorandum from Public Works Director Amy Amirani dated June 4, 1997.

Action: To approve the staff recommendation to:

1) authorize award of bid to Arborists, 914 East Fourth Street, Santa Ana, California in the amount of $13,250 for tree trimming at Valley Park and the Community Center;

2) authorize the Director of Public Works to adjust as necessary per the approved FY 96-97 budget;

3) Reject all other bids; and,

4) Allow the Public Works Director to make modifications within budget.

(m) RECOMMENDATION TO ADOPT RESOLUTION DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSITION A APPLICATION FOR PIER PLAZA AND PARKING STRUCTURE FUNDING AND EXECUTE REQUIRED AGREEMENTS ON BEHALF OF THE CITY . Memorandum from City Manager Stephen Burrell dated June 5, 1997.

Action: To approve the staff recommendation to adopt Resolution No. 97-5859, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DIRECTING THE FILING OF AN APPLICATION WITH THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT."

2. CONSENT ORDINANCES

(a) ORDINANCE NO. 97-1171- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Memorandum from City Clerk Elaine Doerfling dated June 3, 1997.

Action: To waive full reading and adopt Ordinance No. 97-1171.

Motion Benz, second Bowler.

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

NOES: None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(a) was heard at this time but is 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. VETTER WINDMILL AT GREENWOOD PARK. Memorandum from Public Works Director Amy Amirani dated May 22, 1997.

Public Works Director Amirani 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 7:37 P.M. Coming forward to address the Council on this item were:

Roger Bacon - 1100 Pacific Coast Hwy., displayed photos and information, including a petition with 1,019 signatures in support of restoring the windmill; said that the City had assumed responsibility for the windmill when it had been moved to Greenwood Park 20 years ago, but had done little maintenance since that time; said the bids received had not come from a firm knowledgeable in windmill repair and were much too high; and, suggested that before a final decision was made that a citizen's committee be formed to contact experts who know windmills so that a reasonable cost can be determined;

John Hales - 624 Eighth Place, gave a history of the windmill and of the World War I cannon that had formerly been in Greenwood Park; said that the windmill was one of the few old things left in the City and as such should be preserved; said that money would come from private sources if the bid cost is realistic; and, suggested that the east lawn of the Community Center would make an appropriate site for the windmill and other items and commemorative plaques from around the City; and,

Chuck Sheldon - 1800 The Strand, offered to match Roger Bacon dollar for dollar in contributions to restore the windmill.

Public participation closed at 8:00 P.M.

Proposed Action: To direct staff to investigate the costs for a functional windmill rather than a non-functional one.

Motion Oakes, second Edgerton. The motion was withdrawn by the maker and the second.

Action: To give the citizens an opportunity to establish a committee to determine the cost for the restoration of the windmill; establish the mechanism to solicit the donation of private funds to pay for the restoration; and, to return to Council with their findings.

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

5. GREENBELT IMPROVEMENTS. Memorandum from Public Works Director Amy Amirani dated June 3, 1997.

Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that if paths or trails are replaced or changed, they must comply with ADA requirements, but ADA requirements do not apply if paths are merely repaired.

Public participation opened at 8:21 P.M. Coming forward to address the Council on this item were:

Robert Wickwire - 2900 Amby Place, spoke of his concerns regarding the proposed plans for the Greenbelt and said that he felt trees should be planted that would not exceed 30-35 feet in height when fully matured in order not to devalue view property; said that he was also concerned with the safety factor at intersections if they were densely planted with masses of shrubbery; and, said that he preferred the indigenous plants that would grow in Hermosa and provide a rustic look rather than the more formal plantings shown;

John Hales - 624 Eighth Place, expressed his concerns regarding the dangers of the Ardmore/Valley/Pier intersections and said that a traffic study was needed to redesign traffic flow before cosmetic improvements were made; said that the Garden Club expertise should be considered and used; and,

Laura Brunell - Fifth Street, suggested that only xeroscopic and low maintenance plantings be done, said that flowers were very high maintenance; suggested that Hermosa coordinate with the Greenbelt improvements to be made in Manhattan Beach in order to give a more uniform look to the track.

Public participation closed at 8:56 P.M.

Action: To give approval to staff to continue with:

1) replacement of irrigation system;

2) take out only the dead or diseased trees;

3) plant trees where necessary to cover "bare spots", but in no case should the trees exceed 35 feet in height when fully mature;

4) plant low shrubs at intersections to direct people to use the crosswalks;

5) improve all intersections by keeping or adding curbs and ADA access; make changes to drainage patterns to avoid water run-off and bury drainage pipes;

6) add landscaping at Clark parking lot and to all areas where it is needed to prevent people from driving onto the Greenbelt;

7) repair erosion damage to school paths;

8) buy less expensive drinking fountains;

9) place additional trash cans on Greenbelt;

10) make any needed repairs to the par course;

11) trim trees and shrubs as needed;

12) no center island at Pier intersection, no palm trees and no pepper trees;

13) direct staff to return with a list of suggested trees and shrubs for final approval and with information to determine if park money may be used for street paving.

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

The meeting recessed at the hour of 9:32 P.M.

The meeting reconvened at the hour of 9:59 P.M.

6. PIER AVENUE - PROPOSED OUTDOOR DINING STANDARDS ORDINANCE. Memorandum from Public Works Director Amirani dated June 4, 1997.

Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

Public participation opened at 10:10 P.M.

Larry Drasin - representing Bohemian Brewery, parent company to Brewski's, spoke of his company's approval of the guidelines saying they were easy to use and offered people a visual image to understand what was required; offered a rendering of the facade of the proposed changes for Brewski's.

Public participation closed at 10:12 P.M.

Action: To direct the City Attorney to return with an opinion as to whether or not the City must go before the Coastal Commission for permission for outdoor dining as there are no permanent structures involved.

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

Action: To:

1) delete #7 of page 2 of the staff report; and,

2) approve the outdoor dining standards and procedures for lower Pier Avenue with the following changes, and renumber the items as needed in the final version:

a) item E, Section I - Introduction: add saleable after transferable and include, "...a transfer of the business to the extent of 51 percent or more, the transferee...";

b) item A, Section III - Outdoor Dining Sites: clarify the intent that a five foot minimum path must always be maintained for pedestrian use and that the maximum possible dining use area shall be within 13 feet from the building facade;

c) item B, Section III - Outdoor Dining Sites: delete;

d) item D, Section III - Outdoor Dining Sites: delete;

e) item F, Section III - Outdoor Dining Sites: delete;

f) item A, Section IV - Design Standards: delete;

g) item D, Section IV - Design Standards: delete;

h) item E, Section IV - Design Standards: amend second sentence to read, "...being removed, if needed. If imbedded into the pavement, they must be fixed through the use of recessed sleeves and posts; otherwise, by wheels that can be locked into place or weighted in place.";

i) item F, Section IV - Design Standards: add, "Floor surface must be existing sidewalk.";

j) item H, Section IV Design Standards: delete all wording after, "...shall not exceed three feet six inches (3'6")." and add, "No underground utility lines are allowed.";

k) item I, Section IV - Design Standards: delete all reference to "-)"; add, "The use of awnings or free-standing umbrellas...is permitted."; and add, "Umbrellas must remain within the encroachment area.";

l) item L, Section IV - Design Standards: delete;

m) item B, Section VI - Enforcement: add, "The encroachment permit holder has the right to appeal this revocation to the City Council." ; and,

2) waive full reading and introduce Ordinance No. 97-1172, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE TO MODIFY THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE."

Motion Edgerton, second Benz.

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

NOES: None

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. APPOINTMENT OF REPRESENTATIVE TO THE PRIVATE INDUSTRY COUNCIL. Memorandum from City Manager Stephen Burrell dated June 5, 1997.

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

Action: To approve the staff recommendation to approve the appointment of nominee Robert Jensen as Area Representative to the Private Industry Council.

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

b. ROLLERBLADING - HAZARDOUS RECREATIONAL ACTIVITY LIABILITY PROTECTION FOR CITIES - AB915. Memorandum from City Manager Stephen Burrell dated June 5, 1997.

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

Action: To approve the staff recommendation to direct that a letter of support be sent to Assemblymember Bowen and direct staff to track the bill and express the City's support when the issue comes up in the process.

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

c. LEAGUE OF CALIFORNIA CITIES - ANNUAL CONFERENCE RESOLUTIONS FOR DIVISION SPONSORSHIP. Memorandum from City Manager Stephen Burrell dated June 5, 1997.

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

Action: To approve the staff recommendation to receive and file.

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

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. VACANCIES - BOARDS & COMMISSIONS

UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 4, 1997.

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

Action: To approve the staff recommendation to direct the City Clerk to immediately advertise and request applications from interested parties for three Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 1997, with appointments to be made at the regular City Council meeting of July 8, 1997.

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

9. OTHER MATTERS - CITY COUNCIL

Requests from Council members for possible future agenda items:

a. Request from Mayor Pro Tem Edgerton for discussion of Beach Cities Health District's paramedic funding.

Councilmember Edgerton spoke to his request. Mayor Reviczky said that the Mayors of the three beach cities have been contacted to attend this meeting.

Action: By consensus of the Council, Councilmember Edgerton and Mayor Reviczky were delegated to attend the Beach Cities Health District meeting on Thursday, June 12, 1997, at the hour of 4:30 P.M.

b. Request from Councilmember Benz for legal opinion on Coastal Commission's authority concerning City activities.

Councilmember Benz spoke to his request.

Action: To direct staff to research this issue to determine why we are not applying for exemptions from Coastal Commission determination on items for which approval has previously been given, obtain copies of the Coastal Commission authority under the state constitution and deliver those copies to the Council.

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

Mayor Reviczky requested that the subject of a joint South Bay Cities alliance to deal with potential problems that might arise from the Los Angeles Airport expansion be agendized for the next Council meeting of June 24, 1997.

CITIZEN COMMENTS

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

City Attorney Jenkins said that two items, Citizens to Keep Hermosa Beautiful (parking structure opponents) v. City of Hermosa Beach and Stop Oil v. City of Hermosa Beach, needed to be added to tonight's closed session agenda and that in order to add items two findings must be made; 1) that the need to discuss the item arose after the agenda had been posted, and 2) that there was an immediate need to take action on the item. Mr. Jenkins said that both findings were met by these lawsuits.

Action: To add the two urgency items listed by Mr. Jenkins to the closed session agenda tonight as both items had been submitted after the agenda had been posted and both items needed immediate attention.

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

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

1. CONFERENCE WITH LABOR NEGOTIATOR

Government Code Section 54957.6

City Negotiator: Stephen Burrell

Employee Organizations: As Follows:

1. Hermosa Beach Police Officers Association
2. Hermosa Beach Firefighters' Association
3. Teamsters Union, Local 911
4. Professional and Administrative Employee Group
5. Hermosa Beach Management Association

2. Existing Litigation: Pursuant to Government Code Section 549567.9(a)

a) Citizens to Keep Hermosa Beautiful (parking structure opponents) v. City of Hermosa Beach; and,

b) Stop Oil v. City of Hermosa Beach.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 10, 1997, at the hour of 11:25 P.M. to a Closed Session.

CLOSED SESSION - The Closed Session convened at the hour of 11:30 P.M. At the hour of 12:20 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, June 11, 1997, at the hour of 12:21 A.M. to the Regular Meeting of Tuesday, June 24, 1997 at the hour of 7:10 P.M.

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