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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 13, 2001, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - - Thelma Greenwald

ROLL CALL

Present: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler
Absent: None

OUTGOING MAYOR'S COMMENTS

Mayor Bowler congratulated the newly elected Council members and thanked the electorate for defeating the three ballot measures. He said it had been his great pleasure during the last nine months to represent the community for the second time as Mayor, noting that one the greatest joys has been the presentation of awards. He then presented the Council members, City Clerk and City Manager with "Biven Saddler Memorial Awards" in memory of the Council's gullibility a couple years ago when they proclaimed a special day in honor of a terminally ill young man from Texas who had fond memories of Hermosa Beach, only to learn later that it was a hoax by a young college student.

APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE:

Memorandum from City Clerk Elaine Doerfling dated October 29, 2001. (PDF file) Committee assignments. (PDF file)

1. Designate Mayor for a term ending September 10, 2002;

   Action: To designate Councilmember Kathy Dunbabin as Mayor for a term ending Tuesday, September 10, 2002. Motion Mayor Bowler, second Oakes. The motion carried by a unanimous vote.

2. Designate Mayor Pro Tempore for a term ending September 10, 2002;

   Action: To designate Councilmember Sam Edgerton as Mayor Pro Tem for a term ending Tuesday, September 10, 2002. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

3. Intergovernmental agencies requiring appointment of Mayor as delegate.

   Action: To appoint Mayor Dunbabin as the City delegate to the:

   1. Los Angeles County-City Selection Committee;
   2. South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Edgerton as alternate director; and
   3. Inglewood Fire Training Authority, and Mayor Pro Tempore Edgerton as alternate; and

   to postpone the remaining committee appointments until the next regular meeting of November 27, 2001, after the newly elected Council members are seated.
   Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

PRESENTATION OF PLAQUE - Mayor Dunbabin presented a plaque of appreciation to outgoing Mayor Bowler, thanking him for his excellent service to the community, with eight years on the City Council and two terms as Mayor.

INCOMING MAYOR'S COMMENTS

Mayor Dunbabin spoke of issues that the City would be confronting during her term as Mayor, said she looked forward to serving the community as Mayor and thanked everyone for the opportunity.

ANNOUNCEMENTS

Mayor Dunbabin announced (1) the Friends of the Library book sale from 9:30 a.m. to 12:30 p.m. Saturday, November 17, and the pre-sale for members only from 6 to 8 p.m. Wednesday, November 14; and (2) a Sister City Association fundraiser Wednesday, November 14, from 5 to 9 P.M. at Brewworks. She also noted upcoming events, including the evening of December 6 tree lighting on Pier Plaza, the Sand Snowman contest the morning of December 8, and the Economic Development meeting at 7 P.M. December 5, at a location to be announced later.

Councilmember Reviczky reminded everyone that the ninth annual Beach Cities Toy Drive, which benefits underprivileged children, would begin Thanksgiving weekend.

Councilmember Bowler announced next weekend's opening of the Kiwanis Club holiday tree lot at the Community Center site.

Councilmember Edgerton said the Beach Cities Toy Drive wrapping party would take place at 10 a.m. Saturday, December 15, and commented on the success of the November 2 fundraiser aboard the Galatea Yacht, owned by Dan and Sandy of the High Five Boutique, noting that the Hyperion Band of Manhattan Beach provided the entertainment and the event netted $900 for the Beach Cities toy drive.

RECESS

The meeting recessed at 7:35 P.M.

RECONVENE

The meeting reconvened at 7:50 P.M.

CLOSED SESSION REPORT FOR MEETING OF OCTOBER 23, 2001 City Council approved by a vote of 3-0 (Councilmembers Oakes absent and Reviczky not present/abstained) and authorized:

1. the Mayor to execute a settlement agreement among the City, Macpherson Oil and Hermosa Beach Stop Oil Coalition for reimbursement of Stop Oil's legal fees in connection with its prosecution of the Proposition E litigation,
2. the Finance Department, upon full execution of the agreement, to prepare and transmit a check in the amount of $165,000 to Stop Oil, representing the City's share of the settlement.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

None.

1. WRITTEN COMMUNICATIONS
   None.
2. 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 4, but are shown in order for clarity: (g) Reviczky, (h) Oakes, and (k) Oakes.
   Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   At 7:54 P.M., the order of the agenda was suspended to go to public hearing items 5.a. and 5.b.

   1. Recommendation to approve the following minutes:
      1. Minutes of the Regular meeting held on October 9, 2001; and,
      2. Minutes of the Regular meeting held on October 23, 2001 .

      Action: To approve the minutes of the regular meetings of October 9 and October 23, 2001, as presented.

   2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

      Action: To ratify the check register, as presented.

   3. Recommendation to receive and file Tentative Future Agenda Items. (PDF file)

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

   4. Recommendation to receive and file the September 2001 financial reports:
      1. Revenue and expenditure report; (PDF file)
      2. City Treasurer's report; (PDF file)and,
      3. Investment report. (PDF file)

      Action: To receive and file the September 2001 financial reports, as presented.

   5. Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. (PDF file) Memorandum from Personnel Director/Risk Manager Michael Earl dated November 1, 2001.

      Claimant: Anne Moler
      Date of Loss: 10-03-01
      Date Filed: 10-17-01

      Action: To deny the above claim and refer it to the City's liability claims administrator, as recommended by staff.

   6. Recommendation to receive and file status report on Project No. CIP 97-182, Myrtle Avenue Undergrounding, and Project No. CIP 97-183, Loma Drive Undergrounding. Memorandum from Public Works Director Harold Williams dated November 1, 2001. (PDF file).

      Action: To receive and file the status report which covers the progress made to date in the Myrtle Avenue and Loma Drive undergrounding districts, as recommended by staff.

   7. Recommendation to accept donation of $250.00 from Hermosa Beach Kiwanis Foundation to be used for the Halloween Howl activity. (PDF file) Memorandum from Finance Director Viki Copeland dated November 5, 2001.

      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 donor.

      Action: To accept the $250 donation from the Hermosa Beach Kiwanis Foundation for the Halloween Howl activity.
      Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

   8. Recommendation to approve the plans, specifications, estimates, order the work and call for bids; and, instruct the City Clerk to post Notice Inviting Sealed Bids for Project No. 01-531, 3rd Street Park - New Construction. Memorandum from Public Works Director Harold Williams dated October 24, 2001. (PDF file).

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

      Action: To approve the staff recommendation to:

      1. Approve the plans, specifications, estimates, order the work and call for bids; and
      2. Instruct the City Clerk to post Notice Inviting Sealed Bids for Project No. 01-531, Third Street Park - New Construction.

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

   9. Recommendation to approve estimated revenue of $5,646 for the Beverage Container Recycling Program; appropriate $5,646 grant funds from the Department of Conservation Division of Recycling for administration and implementation of the program; approve estimated revenue of $5,709 for Used Oil Recycling Program; and, appropriate $5,709 from the Used Oil Recycling Block Grant Fund from California Integrated Waste Management Board for administration and implementation of the program. . (PDF file) Memorandum from Public Works Director Harold Williams dated October 16, 2001.

      Action: To approve the staff recommendation to:

      1. Approve estimated revenue of $5,646 for the Beverage Container Recycling Program;
      2. Appropriate $5,646 grant funds from the Department of Conservation Division of Recycling for the administration and implementation of the program;
      3. Approve estimated revenue of $5,709 for Used Oil Recycling Program; and
      4. Appropriate $5,709 from the Used Oil Recycling Block Grant Fund from the California Integrated Waste Management Board for the administration and implementation of the program
   10. Recommendation to approve Professional Services Agreement No. 01.007 between the City and Uniplan Engineering, Inc. for providing Construction Management/Inspection services for $60,000; 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 November 1, 2001.

       Action: To approve the staff recommendation to:

       1. Approve Professional Services Agreement No. 01.007 between the City and Uniplan Engineering, Inc. for providing Construction Management/Inspection services for $60,000 for Project No. CIP 01-168 Manhattan Avenue Street Improvements; and
       2. Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney.
   11. Recommendation to approve a contract with Adopt-A-Storm drain, a California non-profit public benefit corporation, for stormwater pollution prevention programs, to be funded by donations from private firms in exchange for use of specified City property as a display for recognition of the donation; and, approve estimated revenue of $60,000 for the program (PDF file) . Memorandum from Public Works Director Harold Williams dated October 16, 2001.

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

       City Manager Burrell, City Attorney Jenkins and Public Works Director Williams responded to Council questions.

       Coming forward to address the Council on this item was:
       Paul Polizzotto - Adopt-a-Storm Drain, responded to Council questions concerning the program.

       Action: To approve a contract with Adopt-A-Storm drain, a California non-profit public benefit corporation, for stormwater pollution prevention programs, to be funded by donations from private firms in exchange for use of specified City property as a display for recognition of the donation, and to approve the estimated revenue of $60,000 for the program, as recommended by staff, with the following amendments to the contract:

       1. Page 1, Section 1 - change the term of the agreement from three years to one year with a review;
       2. Page 1, Section 2.2 - change to read "ASSD shall solicit...of CEPs in the Program. Participating CEPs shall be subject to prior City approval. In return for specific amounts of City-approved sponsorship monies..."; and
       3. Page 6, Section 26 - eliminate attorneys' fees.

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

   12. Recommendation to award PROSUM the bid to redesign and install a Local Area Network/Wide Area Network for City Hall at a total cost of $65,118; authorize the City Manager to complete and sign an agreement PROSUM to design and implement the project and negotiate an agreement to provide SQL server support on an ongoing basis (estimated cost $20,000 annually); and, authorize staff to amend the agreement between Kerry Consultant Group and the City to add $5,164 for Dennis Vlasich to monitor the design and installation of the new LAN/WAN system and fiber backbone for City Hall. (PDF file) Memorandum from Assistant City Manager Mary Rooney dated November 6, 2001.

       Action: To approve the staff recommendation to:

       1. Award PROSUM the bid to redesign and install a Local Area Network/Wide Area Network for City Hall at a total cost of $65,118;
       2. Authorize the City Manager to complete and sign an agreement PROSUM to design and implement the project and negotiate an agreement to provide SQL server support on an ongoing basis (estimated cost $20,000 annually); and
       3. Authorize staff to amend the agreement between Kerry Consultant Group and the City to add $5,164 for Dennis Vlasich to monitor the design and installation of the new LAN/WAN system and fiber backbone for City Hall.
   13. Recommendation to adopt resolution approving Final Map #25351 for a 2-unit condominium project at 322 & 326 Ocean View Drive. (PDF file) Memorandum from Community Development Director Sol Blumenfeld dated November 5, 2001.

       Action: To approve the staff recommendation to adopt Resolution No. 01-6177, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25351 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 322 AND 326 OCEAN VIEW AVENUE, HERMOSA BEACH, CALIFORNIA."

3. CONSENT ORDINANCES

   None.

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(g), (h), 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.

5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.

   1. TEXT AMENDMENT TO SECTION 17.46.130 -- WALLS, FENCES AND HEDGES IN RESIDENTIAL, COMMERCIAL AND MANUFACTURING ZONES. (PDF file) (Continued from meeting of October 23, 2001) Memorandum from Community Development Director Sol Blumenfeld dated November 7, 2001.

      The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M.

      Action: To continue the item and direct staff to renotice it for the January 22, 2002 meeting, as recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

   2. CONSIDERATION OF AN ORDINANCE EXTENDING THE MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA UNTIL NOVEMBER 13, 2002. (PDF file) Memorandum from City Manager Stephen Burrell dated November 6, 2001.

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

      The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M.

      Action: To approve the staff recommendation to adopt Urgency Ordinance No. 01-1216U, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA, AND DECLARING THE URGENCY THEREOF."
      Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Bowler.

   At 8:59 P.M., the order of the agenda returned to item 4.

6. MUNICIPAL MATTERS

   1. PROJECT NO. NON-CIP 005-01, CORONA STREET AND PROSPECT AVENUE STREET IMPROVEMENTS - STREET BARRIER. Memorandum from Public Works Director Harold Williams dated November 5, 2001. (PDF file)

      City Manager Burrell and Public Works Director Williams responded to Council questions.

      Action: To approve the City design to permanently close Corona Street. Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   None.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
   NONE
9. OTHER MATTERS - CITY COUNCIL

   1. Request from Mayor Pro Tem Edgerton to set a joint meeting with the Parks, Recreation and Community Resources Advisory Commission to discuss events on the beach.

      Mayor Pro Tem Edgerton spoke to his request.

      Action: To direct staff to schedule a joint meeting with the Commission to discuss next summer's beach events.
      Motion Edgerton, second Reviczky. 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 October 23, 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)

   1. Name of Case: Burd v. City of Hermosa Beach
      Case Number: CV00-10016 CAS (BQRx)

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 13, 2001, at the hour of 9:20 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 9:25 P.M. At the hour of 9:50 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 on Tuesday, November 13, 2001, at the hour of 9:51 P.M. to the Regular Meeting of Tuesday, November 27, 2001, at the hour of 7:10 P.M., at the Hermosa Valley School Multi-Purpose Room, 1645 Valley Drive.

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