MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 8, 2001, at the hour of 7:17 P.M.

PLEDGE OF ALLEGIANCE - Harold Bell

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

ANNOUNCEMENTS : Mayor Bowler read the proclamation that proclaimed May 20 through May 26, 2001, as National Public Works Week. Public Works Commission Chairman Brian Koch and Public Works Supervisor Michael Flaherty accepted the proclamation.

Mayor Bowler introduced newly appointed Chief of Police Mike Lavin, noting he had previously been second in command under Val Straser. Chief Lavin said it was an honor to be named as chief of the Hermosa Beach Police Department.

Councilmember Dunbabin announced a budget information meeting at 6:30 P.M. Thursday, May 17, in the Council Chambers, to be conducted by the City Manager, Finance Director and City Treasurer. She commented on the annual dog show Sunday, May 6, and thanked the City staff and sponsors. She then commented on the success of "Bingo" at the Community Center.

Councilmember Edgerton announced the Hermosa Beach Little League fundraising party that would take place Saturday, May 12, on the Pier Plaza, and invited a Little League representative to come forward and provide additional information.

Mike Colbin, fundraising chairman for the Little League, said the event was one of the group's largest fundraisers of the year. He said it would take place from 6:30 to 11 P.M. in front of Hennessey's Restaurant and would include dinner, a silent auction, and live music. He said the tickets were on sale for $10 each and could be obtained by calling the Little League at 372-9616.

Mr. Colbin then told the Council about an oversight with regard to the annual trophy and picnic event scheduled for Little League families on June 9 from 12:30 to 4 P.M. at Clark Field. He said this year they would like to have a Carnival as well, but because they did not discuss it with City staff, they did not realize until too late that it required approval by the Parks and Recreation Commission. He asked if the Council could add the item to the agenda for approval of the carnival.

City Attorney Jenkins noted that there has been no opportunity for staff to review the proposal and the Council would not have the benefit of the Parks and Recreation Commission input. He advised that there be some period of time allowed for staff to evaluate the proposal and bring it back for Council consideration.

Mr. Colbin said he would submit the information to City staff tomorrow for placement of the item on the May 22 agenda.

Action : To agendize the item for the next meeting.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Jay Russell - Hermosa Beach, said the beach events had gone too far; said Aloha Days was a great idea but thought the theme should be California surfing, not Hawaiian; suggested that the City support the world-renowned National Surf Festival event; and

Ebi Sahebi - Expressive Flower Shop, expressed concern about the parked cars lined up along Artesia with for-sale signs which impact on parking by area customers; said a petition had been submitted to the City and would be on the next Council meeting but wondered if there was anything that could be done to make room for his customers over the Mother's Day weekend.

In response to Council questions, City Manager Burrell said the problem existed along Artesia, from just east of Pacific Coast Highway past Prospect all the way to Meadows or Harper, but the only existing law that could legally be applied was the 72-hour rule. City Attorney Jenkins said the Code did not give authority to establish temporary parking rules except for large events.

Continuing to come forward to address the City Council was:

Pete Tucker - Hermosa Beach, thanked the City Manager and City Council for their selection for Police Chief; said Chief Mike Lavin had come up through the ranks and was the best choice.

(b) WRITTEN COMMUNICATIONS - None

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Edgerton, (e) Dunbabin, (i) Dunbabin, (j) Oakes, and (k) Reviczky.
Motion Reviczky, second Dunbabin. 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 MINUTES OF THE ADJOURNED REGULAR MEETING HELD ON APRIL 23, 2001 .

Action : To approve as presented the minutes of the Adjourned Regular Meeting of April 23, 2001.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 24874 THROUGH 25036 AND TO APPROVE CANCELLATION OF CHECKS NOS. 24032 AND 24957 AS RECOMMENDED BY THE CITY TREASURER .

Action : To ratify the check register as presented.

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .

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

(d) RECOMMENDATION TO AUTHORIZE THE PROPOSED RATE INCREASE AS REQUESTED BY FRANK SCOTTO TOWING OF TORRANCE, CALIFORNIA . Memorandum from Police Chief Michael Lavin dated May 1, 2001.

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

Police Chief Lavin responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions.

Action : To direct staff to survey other South Bay cities and report back at the next meeting.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

(e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated May 1, 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 receive and file the report stating the status of capital improvement projects that are either under design or construction.
Motion Dunbabin, second Oakes. The motion carried by a unanimous vote.

(f) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR . Memorandum from Personnel Director/Risk Manager Michael Earl dated May 1, 2001.

• Claimant: Feldman, Nicole

• Date of Loss: 3/29/01

• Date Filed: 4/26/01

• Allegation: Car damaged by City tree

Action : To deny the subject claim and refer it to the City's Liability Claims Administrator.

(g) RECOMMENDATION TO APPROVE FREE CONCERTS ON THE SOUTH SIDE OF THE PIER FROM 5:15 P.M. TO 6:00 P.M. THURSDAY, JUNE 7, AND FROM 4:30 P.M. TO 7:00 P.M., FRIDAY, JUNE 8, AND SATURDAY, JUNE 9, IN CONJUNCTION WITH THE IMG BEACH BASH . Memorandum from Community Resources Director Mary Rooney dated April 30, 2001.

Action : To approve free concerts on the south side of the Pier from 5:15 P.M. to 6:00 P.M. Thursday, June 7, and from 4:30 P.M. to 7:00 P.M. Friday, June 8 and Saturday, June 9 in conjunction with the IMG Beach Bash event.

(h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25176 FOR A 2-UNIT CONDOMINIUM PROJECT AT 702 10TH STREET . Memorandum from Community Development Director Sol Blumenfeld dated May 1, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6131 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 25176 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 702 10TH STREET ."

(i) 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 May 1, 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. City Attorney Jenkins also responded to Council questions.

Action : To receive and file the status report on Project No. CIP 97-182, Myrtle Avenue Undergrounding, and Project No. CIP 97-183, Loma Drive Undergrounding, as recommended by staff.
Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

(j) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO BERRYMAN & HENIGAR TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR PROJECT NOS. CIP 00-411, 00-412, 00-413, 00-414 SANITARY SEWER REHABILITATION/RECONSTRUCTION, FOR $55,203.94; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $17,020 . Memorandum from Public Works Director Harold Williams dated May 1, 2001.

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

Public Works Director Williams responded to Council questions.

Action : To approve the staff recommendation to:
1) Award Professional Services Agreement to Berryman & Henigar to provide design and engineering services for Project Nos. CIP 00-411, 00-412, 00-413, 00-414 Sanitary Sewer Rehabilitation/Reconstruction for $55,203.94;
2) Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney; and
3) Authorize the Director of Public Works to make changes to the agreement up to $17,020.
Motion Oakes, second Reviczky. The motion carried by a unanimous vote.

(k) RECOMMENDATION TO AUTHORIZE STAFF TO AMEND THE AGREEMENT BETWEEN KERRY CONSULTING GROUP TO DIRECT THEM TO PROVIDE THE CITY WITH AN RFP FOR THE TECHNOLOGY INFRASTRUCTURE AT CITY HALL; AND, APPROPRIATE $8,000 FROM PROSPECTIVE EXPENDITURES TO PAY FOR THE ADDITIONAL SERVICES . Memorandum from Community Resources Director Mary Rooney dated April 30, 2001.

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

Finance Director Copeland and City Manager Burrell responded to Council questions.

Action : To continue the item to the next meeting and ask the consultant to attend to speak to the proposal and respond to questions.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

(l) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2001-2002 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 01-6123 AND DECLARING THE CITY COUNCIL’S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 THROUGH JUNE 30, 2002; AND SETTING JUNE 12, 2001, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT . Memorandum from Public Works Director Harold Williams dated April 26, 2001.

Action : To approve the staff recommendation to:
1) Adopt Resolution No. 01-6132 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2001-2002 " ; and
2) Adopt Resolution No. 01-6133 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2001-2002 FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO ."

2. CONSENT ORDINANCES

a. ORDINANCE NO. 01-1214 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE REGARDING THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE PLACEMENT AND USE OF WIRELESS COMMUNICATIONS FACILITIES . For adoption. Memorandum from City Clerk Elaine Doerfling dated May 1, 2001.

Action : To waive full reading and adopt Ordinance No. 01-1214.
Motion Edgerton, second Oakes.

AYES: Edgerton, Oakes, Reviczky, Mayor Bowler
NOES: Dunbabin
ABSENT: None
ABSTAIN: None

b. ORDINANCE NO. 01-1215 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE REGARDING ARCHITECTURAL ENCROACHMENTS INTO REQUIRED YARDS . For adoption. Memorandum from City Clerk Elaine Doerfling dated May 1, 2001.

Action : To waive full reading and adopt Ordinance No. 01-1215.
Motion Edgerton, second Oakes.

AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler
NOES: None
ABSENT: None
ABSTAIN: None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items (d), (e), (i), (j), 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 8:31 P.M.
The meeting reconvened at 8:55 P.M.

MUNICIPAL MATTERS

4. HERMOSA BEACH CHAMBER OF COMMERCE AND VISITORS BUREAU 2001-2002 MARKETING PROPOSAL AND REQUEST FOR FUNDING IN THE AMOUNT OF $85,000 . (Continued from meeting of April 24, 2001) Memorandum from City Manager Stephen Burrell dated April 19, 2001. Supplemental letter from Howard Longacre dated April 24, 2001 (attached to the packet). Supplemental memorandum from Finance Director Viki Copeland dated May 8, 2001.

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

Public participation opened at 8:56 P.M. Coming forward to address the Council on this item were:

J. Travers Divine - Chamber of Commerce Vice Chairman, said the business plan proposal was for a partnership between the City and the Chamber; requested that the Council appoint a subcommittee to work with the Chamber of Commerce on the development of the plan; and

Carla Merriman - Chamber of Commerce Executive Director, submitted projected revenues; said she had received letters of support from the hotels.

Public participation closed at 9:00 P.M.

Action : To appoint Mayor Bowler and Councilmember Reviczky to a subcommittee to explore ideas for marketing programs with the Chamber of Commerce.
Motion Dunbabin, second Oakes. The motion carried, noting the dissenting vote of Edgerton.

5. AWARD OF CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES IN CONNECTION WITH AN APPLICATION FOR A PRECISE DEVELOPMENT PLAN AND RELATED AGREEMENTS AND PERMITS FOR CONSTRUCTION AND OPERATION OF A SUBMARINE FIBER-OPTIC CABLE PROJECT . Memorandum from Community Development Director Sol Blumenfeld dated April 26, 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.

Action : To approve the staff recommendation to:
1) Select the firm of Ecology and Environment to prepare environmental documentation for the subject project;
2) Add an additional task for implementation of an environmental mitigation monitoring plan to the proposal Scope of Work to be paid on a time and materials basis and approve the balance of the Scope of Work; and
3) Approve the attached Agreement for Payment for environmental consulting services and authorize the City Manager to execute the agreement.
Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

DEADLINE FOR THE PLACEMENT OF CITY MEASURES ON THE NOVEMBER 6, 2001 BALLOT . Memorandum from City Clerk Elaine Doerfling dated May 2, 2001.

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

None of the Councilmembers had any interest in placing any Council initiated measures on the November ballot.

8. OTHER MATTERS - CITY COUNCIL

a. Request from Councilmember Oakes to direct staff to review the Conditional Use Permits or Municipal Code requirements to review the hours of operation for restaurants, taverns and bars in the City to establish an earlier closing time .

Councilmember Oakes spoke to her request.

City Manager Burrell and City Attorney Jenkins responded to Council questions.

Action : It was the consensus of the Council to direct staff to gather and distribute to the Councilmembers police reports from the past year related to the downtown area, from Eighth to 16th streets, between the hours of midnight and 3 A.M.

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 March 27, 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)

• Name of Case : City of Hermosa Beach, City of Redondo Beach, and City of Rancho Palos Verdes v. City of Los Angeles and Los Angeles World Airports

• Case Number : BC247857

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Government Code Section 54957 - Title : City Manager

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 8, 2001, at the hour of 10:14 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:24 P.M. At the hour of 11:24 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, May 8, 2001, at the hour of 11:25 P.M. to the Regular Meeting of Tuesday, May 22, 2001, at the hour of 7:10 P.M.