MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 25, 2001, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - Color Guard - Boy Scouts and Cub Scouts of local Troop 860, and Hermosa Beach Firefighters Kim Bridges and Jimmy De Los Santos

ROLL CALL:

Dunbabin, Reviczky, Mayor Bowler
Absent: Edgerton (arrived at 7:25 P.M.), Oakes (arrived at 8:15 P.M.)

ANNOUNCEMENTS - Mayor Bowler announced that the meeting would be adjourned in memory of long-time resident, former police chief and good friend Hollie Murray, who passed away Sunday after a prolonged illness.

Councilmember Reviczky requested that agenda item 9.a. be moved forward to follow public participation because he may not be able to stay for the entire meeting and because Jerry Yamamoto, president of Chapter 53 of Vietnam Veterans of America, was present to speak on the issue. Mayor Bowler so ordered.

Councilmember Dunbabin announced that the next Economic Development Committee meeting chaired by Joe Mark would take place at 7 P.M. Thursday, October 4, 2001. She also announced that the Firefighters were collecting money at the FireHouse for the families of firefighters killed or injured in New York if anyone wished to make a donation.

PRESENTATIONS

Mayor Bowler presented the certificate to Jennifer Hamlin, commending her for organizing the candlelight vigil that took place September 13, 2001 on the Pier Plaza. Ms. Hamlin thanked the Mayor for the certificate, noting the participation of the downtown businesses as well.

(Councilmember Edgerton arrived at 7:25 P.M.)

Mayor Bowler presented certificates to Jeff Bartlett, Tony Liou and Joe Derhake, who thanked everyone in the City for making possible the collection of donations for the relief fund over the weekend of September 14-16, 2001. Accepting the certificate for the Hermosa Beach Kiwanis Club, president Carol Lawson thanked the community for its generosity, and the businesses that assisted with donations and the contribution of food and drinks.

Mayor Bowler noted also the generosity of the downtown establishments that donated their cover charges all weekend and raised $17,000.

Mayor Bowler proclaimed October 1-5, 2001 as Rideshare Week in Hermosa Beach and encouraged all residents to try an alternative method of transportation at least once during the week.

Mayor Bowler commented on the success of the Hometown Picnic Saturday, September 22, noting it was a fun event that attracted a lot of families. He thanked the Parks and Recreation Commission for coming up with the idea and organizing the event with the Community Resources staff.

Coming forward to address at Council at this time was: Steve Francis - Parks and Recreation Chairman, thanked everyone for participating in the event; presented what he hoped would be a perpetual trophy to the winning team of the tug-of-war contest (Councilmember Edgerton accepted the trophy on behalf of the green team).

CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 11, 2001: No reportable actions.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS - None

1. WRITTEN COMMUNICATIONS

   a. Request of residents of Cypress Avenue between 11th Street and Pier Avenue to extend permit parking on this street.

   Coming forward to address the Council on this item was: Tony Lombardo - Hermosa Beach, spoke to the request for permit parking for the area and the posting of signs allowing only one-hour parking without a permit.

   City Manager Burrell responded to Council questions.

   Action: To receive the petition and direct that the issue be brought back with a staff report for City Council review and consideration. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Oakes.

   The order of the agenda was suspended at 7:57 P.M. to go to item 9.a.

2. CONSENT CALENDAR:

   Action: To approve the consent calendar recommendations (a) through (q), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (e) Reviczky, (h) Dunbabin, (i) Bowler, and (n) Reviczky. Motion Reviczky, second Dunbabin. The motion carried, noting the absence of Oakes.

   1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 11, 2001.

      Action: To approve, as presented, the minutes of the Regular Meeting of the City Council held September 11, 2001. (Oakes absent)

   2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 26451 THROUGH 26588, NOTING VOIDED CHECK NOS. 26453 AND 26522, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 25951, 26441 AND 26511 AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register, as presented. (Oakes absent)

   3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

      Action: To receive and file the tentative future agenda items, as presented. (Oakes absent)

   4. RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2001 FINANCIAL REPORTS:
      1. (1)
      2. Revenue and expenditure report;
      3. (2)
      4. City Treasurer's report; and
      5. (3)
      6. Investment report.

      Action: To receive and file the August 2001 Financial Reports, as presented. (Oakes absent)

   5. RECOMMENDATION TO ACCEPT DONATIONS OF $10,000 FROM TARGET STORES (MERVYN'S) TO BE USED FOR A YEAR ROUND TEEN PROGRAM; $1,250 FROM SURFRIDER FOUNDATION TO BE USED FOR CHEVRON SURF CAMP; $500 FROM HERMOSA BEACH KIWANIS FOUNDATION TO BE USED FOR CHEVRON SURF CAMP; AND, $1,000 FROM WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR D.A.R.E. CLASSROOM MATERIALS. Memorandum from Finance Director Viki Copeland dated September 17, 2001.

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

      Action: To accept the following donations that were received by the City for the purposes noted:
      1. $10,000 Target Stores (Mervyn's) Year-round teen program
      2. $ 1,250 Surfrider Foundation Chevron Surf Camp
      3. $ 500 H.B. Kiwanis Foundation Chevron Surf Camp
      4. $ 1,000 Woman's Club of H.B. D.A.R.E. class materials
      Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Oakes.
   6. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 12, 2001.

      Action: To receive and file the action minutes of the September 12, 2001 Public Works Commission meeting. (Oakes absent)

   7. RECOMMENDATION TO APPROVE A MONTH-TO-MONTH LEASE AGREEMENT WITH THE SOUTH BAY CENTER FOR COUNSELING FOR ROOM 9 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 18, 2001.

      Action: To approve, as recommended by staff, a month-to-month lease agreement with the South Bay Center for Counseling for the use of Room 9 in the Community Center from September 30, 2001 (current lease expiration date) until their move to a new location no later than November, 2001, with a 30-day notice. (Oakes absent)

   8. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Harold Williams dated September 17, 2001.

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

      Public Works Director Williams responded to Council questions.

      Action: To approve the staff recommendation to receive and file the status report on the capital improvement projects that are either under design or construction. Motion Dunbabin, second Reviczky. The motion carried, noting the absence of Oakes.

   9. RECOMMENDATION TO APPROPRIATE AN ADDITIONAL $6,000 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE POLICE DEPARTMENT TO SET UP ONE REMAINING PATROL CAR. Memorandum from Police Chief Michael Lavin dated September 18, 2001.

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

      Police Chief Lavin responded to Council questions.

      Action: To approve the staff recommendation to appropriate an additional $6,000 from the Equipment Replacement Fund for the Police Department to set up one remaining patrol car. Motion Mayor Bowler, second Reviczky. The motion carried, noting the absence of Oakes.

   10. RECOMMENDATION TO ADD COMMUNITY CENTER LEASE RATES TO THE CITY'S MASTER FEE RESOLUTION TO BE ADJUSTED ANNUALLY BASED ON THE CONSUMER PRICE INDEX; REVIEW ALL NEW PROSPECTIVE TENANTS AND INITIAL LEASE AGREEMENTS; AND ALLOW ROUTINE LEASE RENEWALS TO BE HANDLED ADMINISTRATIVELY. Memorandum from Community Resources Director Mary Rooney dated September 17, 2001.

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

       1. Add Community Center lease rates to the City's Master Fee Resolution to be adjusted annually based on the Consumer Price Index;
       2. Review all new prospective tenants and initial lease agreements; and
       3. Allow routine lease renewals to be handled administratively. (Oakes absent)
   11. RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A PROFESSIONAL SERVICES AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, WITH RRM DESIGN GROUP FOR THE PROGRAMMING AND CONCEPTUAL DESIGN/BUDGETING PHASES OF THE FIRE STATION REMODEL - CAPITAL IMPROVEMENT PROJECT #99-610 IN THE AMOUNT OF $27,505 IN FEES PLUS $2,700 IN REIMBURSABLE EXPENSES. Memorandum from Fire Chief Russell Tingley dated September 19, 2001. Supplemental information received September 25, 2001.

       Action: To approve the staff recommendation to authorize the Mayor to execute and the City Clerk to attest a Professional Services Agreement, subject to approval by the City Attorney, with the RRM Design Group for the programming and conceptual design/budgeting phases of the fire station remodel - capital improvement project #99-610 in the amount of $27,505 in fees plus $2,700 in reimbursable expenses. (Oakes absent)

   12. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 2001.

       Action: To receive and file the action minutes of the September 18, 2001 Planning Commission meeting. (Oakes absent)

   13. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25454 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS AT 940-942 AND 944-946 FIFTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated September 19, 2001.

       Action: To approve the staff recommendation to adopt Resolution No. 01-6168, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25454 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 940-942 AND 944-946 FIFTH STREET, HERMOSA BEACH, CALIFORNIA." (Oakes absent)

   14. RECOMMENDATION TO APPROVE RENEWAL OF THE CONTRACT FOR ONE YEAR FOR THE INSTALLATION AND REMOVAL OF HOLIDAY DECORATIONS, INCLUDING THE 20-FOOT CHRISTMAS TREE AT PIER AVENUE AND THREE SETS OF STARBURST STREAMERS FOR A ONE YEAR CONTRACT WITH DEKRA LITE OF SANTA ANA, CALIFORNIA FOR A COST OF $10,500. Memorandum from Public Works Director Harold Williams dated September 19, 2001.

       This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to propose that the program be put out to bid next year, noting a 20 percent increase over last year's cost.

       Mayor Bowler suggested that consideration be given next year to expanding the program with additional decorations.

       Public Works Director Williams responded to Council questions.

       Action: To approve the staff recommendation to renew the contract for one year for the installation and removal of holiday decorations, including the 20-foot Christmas tree at Pier Avenue and three sets of starburst streamers for a one-year contract with Dekra Lite of Santa Ana, California for a cost of $10,500. Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Oakes.

   15. RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 2000-01 TO 2001-02, REVISION OF REVENUE ESTIMATES FOR GRANT FUNDS REAPPROPRIATION, AND REVISION OF APPROPRIATIONS FOR 2000-01. Memorandum from Finance Director Viki Copeland dated September 20, 2001.

       Action: To approve the staff recommendation to:

       1. Reappropriate the funds listed in the staff report from the FY 2000-01 budget to the FY 2001-02 budget;
       2. Revise the revenue estimates related to the reappropriation of grant funds; and
       3. Revise the appropriations listed in the staff report for the FY 2000-01 budget. (Oakes absent)
   16. RECOMMENDATION TO APPROVE INCREASE IN THE SCOPE OF WORK TO INCLUDE THE CUL-DE-SAC ON 21ST STREET WEST OF POWER STREET; APPROVE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CBM CONSULTING, INC. IN THE AMOUNT OF $10,696; AND AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated September 17, 2001.

       Action: To approve the staff recommendation to:

       1. Approve the increase in the scope of work to include the cul-de-sac on 21st Street west of Power Street;
       2. Approve the First Amendment to the Professional Services Agreement with CBM Consulting, Inc. in the amount of $10,696; and
       3. Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney.
       4. (Oakes absent)
   17. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 4, 2001.

       Action: To receive and file the action minutes of the September 4, 2001 Parks, Recreation and Community Resources Advisory Commission meeting. (Oakes absent)

3. CONSENT ORDINANCES - None
4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

5. Items 2(e), (h), (i) and (n) 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.

6. PUBLIC HEARINGS - None
7. MUNICIPAL MATTERS
8. 1. CITY OF HERMOSA BEACH 2000 HOUSING ELEMENT - RESPONSE TO THE COMMENTS OF THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) IN ORDER TO OBTAIN STATE CERTIFICATION OF THE 2000 HOUSING ELEMENT UPDATE. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 2001.

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

      (Councilmember Oakes arrived at 8:15 P.M.)

      Coming forward to address the Council on this item was:

      Deeah Riley - Blodgett, Baylosis Associates, made a brief presentation with the use of an overhead projector; and
      Mark Blodgett - Blodgett, Baylosis Associates, responded to Council questions.

      Action: To direct staff to remove the program relating to mixed use and prepare a resolution for Council adoption at the next meeting which would reflect Council's comments this evening, approve the remaining proposed technical revisions to the 2000 Housing Element Update and direct staff to transmit the document to the State Department of Housing and Community Development (HCD). Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   2. IMPACT OF ELECTRICITY RATES ON UTILITY USERS TAX (UUT) REVENUE. Memorandum from Finance Director Viki Copeland dated September 20, 2001.

      Finance Director Copeland presented the staff report and responded to Council questions.

      Action: To receive and file the report on the impact of electricity rates on utility user tax (UUT) revenue and direct staff to report back in January, 2002. Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

   3. CITY HALL REMODEL - ADA UPGRADES - AMEND THE AWARDED CONSTRUCTION CONTRACT. Memorandum from Public Works Director Harold Williams dated September 17, 2001.

      Public Works Director Williams presented the staff report and responded to Council questions, citing June 2002 as the estimated project completion date.

      Action: To direct staff to report back on undergrounding the electrical vault and related work on Bard Street, and to approve the staff recommendation to:

      1. Amend the construction contract with Corona Constructors to include Additive Alternates Nos. 1, 2, 7 and 9 listed below from the project specifications book:
         1.1 Additive Alternative Number 1 - mechanical screen in the amount of $9,880;
         1.2 Additive Alternative Number 2 - Council Chambers upgrade in the amount of $198,874;
         1.3 Additive Alternative Number 7 - City Hall re-roofing in the amount of $48,805;
         1.4 Additive Alternative Number 9 - leasing temporary modular units in the amount of $143,969;
      2. Approve the Professional Services Agreement with Gillis & Associates to provide construction administration in the amount of $12,900;
      3. Amend the Professional Services Agreement with Concept Marine Associates, Inc. to include an additional $55,000 for providing construction management services for an anticipated duration beyond their eight-month contract;
      4. Appropriate additional funding of $1,086,933 from the following funds to CIP 95-622 to provide the total funding required for the project:
         General Fund $ (16,489)
         CDBG Fund 301,665
         Building Improvement Fund 52,568
         Equipment Replacement Fund 449,189
         Capital Improvement Fund 300,000
         Total $1,086,933
      5. Authorize the Mayor to sign an agreement with Jules Seltzer Associates to furnish furniture for Council Chambers, workstation modulars and appurtenances within the approved budget;
      6. Delete Alternates Nos. 3 and 6 from the Corona Constructors Bid proposal; and
      7. Authorize the City Manager to issue change orders within the approved budget.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CALIFORNIA AFFORDABLE QUANTITY AND QUALITY WATER ACT - SENATOR BARBARA BOXER. Memorandum from City Manager Steve Burrell dated September 20, 2001.

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

   Action: To authorize a letter of support for the proposed federal legislation, which would benefit the West Basin District, as recommended by staff. Motion Oakes, second Reviczky. The motion carried by a unanimous vote.

10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
11. OTHER MATTERS - CITY COUNCIL
    1. Request from Councilmember Reviczky to authorize installation of a sign in Greenwood Park which shows that Pacific Coast Highway in Los Angeles has been designated as Vietnam Veterans Memorial Highway. Cost for the sign and installation will be donated.

       Councilmember Reviczky spoke to his request.

       Coming forward to address the Council on this item was: Jerry Yamamoto - president of the Vietnam Veterans of America, Chapter 53 in Redondo Beach, said since the legislation was enacted last year, his group has raised the money and paid Caltrans for six signs, noting that Caltrans charges $2,500 per sign; requested consideration of a sign sponsored by the City of Hermosa Beach; submitted a letter.

       Action: To authorize the installation of a sign at Greenwood Park, just south of the windmill. Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Oakes.

       At 8:00 P.M., the order of the agenda returned to item 2.

    2. Request from Mayor Pro Tem Dunbabin for the City Council to consider a motion that, unless sponsors commit to cover the entire cost of the New Years Eve celebration by October 15, 2001, it be cancelled.

       Mayor Pro Tem Dunbabin spoke to her request.

       City Manager Burrell, Police Chief Lavin and Community Resources Director Rooney responded to Council questions.

       Straw Vote: That the City plan for a New Year's Eve celebration with the Big Band this year, with direction to staff to do its best to find sponsors to offset expenses. Mayor Bowler and Councilmembers Edgerton and Reviczky voted in favor. Councilmember Oakes favored the event with the comment that she did not want sponsor advertisements encouraging the use of alcohol.

    3. Request from Mayor Bowler for staff to report back on efforts to update and review Emergency Preparedness Plan on both a City and Regional basis.

       Mayor Bowler spoke to his request.

       Action: Mayor Bowler, with the consensus of the Council, directed staff to review the City's Emergency Preparedness in terms of large emergency issues and how the City interacts with surrounding communities, with a report back to the Council.

       City Manager Burrell said he and representatives of all 15 South Bay cities of Area G were working as a region on the issue.

       City Attorney Jenkins announced the need to add to the closed session agenda an item concerning potential litigation, which arose after the posting of the agenda.

       Action: To add to the closed session agenda an item of potential litigation, based on the finding that the issue arose after the posting of the agenda and required immediate consideration. Motion Mayor Bowler, second Oakes. The motion carried by a unanimous vote.

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

1. MINUTES: Approval of minutes of Closed Session meeting held on September 11, 2001.
2. CONFERENCE WITH LEGAL COUNSEL

   The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

   Existing Litigation: Government Code Section 54956.9(a)

   a. Name of Case: Macpherson v. City of Hermosa Beach
   Case Number: BC172546

   Potential Litigation: Government Code Section 54956.9(c) - (added above)

   Number of Potential Cases: 1

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 25, 2001, at the hour of 9:25 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:37 P.M. At the hour of 10:15 P.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 in memory of Hollie Murray on Tuesday, September 25, 2001, at the hour of 10:16 P.M. to the Regular Meeting of Tuesday, October 9, 2001, at the hour of 7:10 P.M.

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City Clerk