MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 12, 2001, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - Pete Tucker, Planning Commissioner

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

ANNOUNCEMENTS - Mayor Bowler announced that the meeting would be adjourned in memory of Michael Manse, owner of Mickey's Deli in Hermosa Beach since 1953, who passed away last Thursday at the age of 70. He said Mr. Manse always had kind words and an open heart for anyone who came in and would be missed. He expressed condolences to his family. Councilmember Reviczky spoke of the soft sandwiches that he got at the Deli as a kid and the donated alcohol on occasion for Little League Las Vegas Night fundraisers. He said that Mr. Manse was truly a great guy in the community who would be sorely missed.

Councilmember Dunbabin announced that the next meeting of the Economic Review Committee chaired by Joe Mark would take place on Thursday, June 14, at 7 P.M. in the City Council Chambers, noting that demographic data from several similar areas would be presented at the meeting.

Mayor Bowler commended Kiwanis Club members and City employees who, on their own time and with the use of donated materials, refurbished the room at the Community Center used by the American Retarded Citizens (ARC).

Mayor Bowler commented on the success of the Memorial Day weekend Fiesta Hermosa, noting the event raised a lot of money for the Kiwanis Club and other local non-profit groups. He also commented on the success of the Mervyn's Beach Bash that took place Thursday, June 7, through Sunday, June 10.

Councilmember Edgerton spoke of the meeting that took place Saturday in Manhattan Beach related to the Los Angeles airport expansion plan, noting that it was a well-attended meeting. He said that L.A. County Supervisor Don Knabe, State Senator Debra Bowen, State Assemblyman George Nakano and U.S. Representative Jane Harmon have spoken out against the proposal, and that newly elected Los Angeles Mayor James Hahn has indicated his opposition as well.

Councilmember Dunbabin said several citizens have asked her how much money Mervyn's paid to put on the Beach Bash event. Community Resources Director Rooney said Mervyn's paid $55,000 in City fees and donated another $40,000 to the Hermosa Beach Education Foundation, the Skate Park, the Teen Program and the Parks and Recreation Commission's proposed community picnic.

COMMENDATIONS

PRESENTATION OF COMMENDATION TO  PAMELA ADAMS
" OUTSTANDING CROSSING GUARD OF THE YEAR "

Mayor Bowler read the commendation giving recognition to Ms. Adams for her valuable service to the children of the community, noting that the commendation would be forwarded to Ms. Adams.

PRESENTATION OF COMMENDATIONS TO THE MIRA COSTA 
BOYS' VOLLEYBALL TEAM "CIF DIVISION II CHAMPIONS "

Mayor Bowler read the commendation to Michael Cook, head coach, who thanked the Mayor and City Council for the recognition, noting that many of the players were from Hermosa Beach. Alex Dankers, one of the team captains from Hermosa Beach, came forward to talk about the season and introduce his teammates in the audience. He also thanked Tim Cooper, the team's trainer throughout the season.

CLOSED SESSION REPORT FOR MEETING OF MAY 22, 2001 : No reportable actions.

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

City Clerk Doerfling noted a letter submitted June 12, 2001, from resident Lena Cord expressing concern about graffiti, parking and noise problems over the weekend.

Coming forward to address the Council at this time were:

        Pete Tucker - Hermosa Beach, said there had been no enforcement at the north end of the City of the one-hour parking program now in effect; urged the City to hire more employees or keep people away from the downtown events; said residents paid $29 for parking permits but were unable to find parking on the streets;
        No name given - 18-year Hermosa Beach resident, commended the Police for keeping crime down and the community safe, and Community Development Director Sol Blumenfeld and Senior Building Inspector Charlie Swartz for their great problem-solving attitudes, and hoped that the City would continue to have the funds to retain professionals of that caliber; thanked, the City Council, saying Hermosa was a great city;
         Robert Bell - Hermosa Beach, said the weekend Beach Bash event went very well and that he had heard no complaints about it; said his children had a great time, noting that the people running the event allowed the local children to be involved;
         Debbie Loob - Hermosa Beach, said she was representing several of her neighbors in the Bonnie Brae area above Pacific Coast Highway; noted traffic/parking problems over the weekend on their streets and in Vons parking lot; expressed concern about graffiti in her neighborhood; asked that the Council conduct a survey of the community and reevaluate the scope of events taking place in the City; suggested that events be scaled down;
         Barbara Elman - Hermosa Beach, asked about instituting a City tax of 50 cents per drink to fund street repairs, etc., saying the people coming to the City's bars created an impact and the tax would help make up for the inconveniences endured by the residents; expressed concern about parking problems at South Park and lack of enforcement; (City Attorney Jenkins said any new tax would require a vote of the people but doubted that State law would allow the City to impose a food or beverage tax) and
         Steven Roberts - Hermosa Beach, owner of Café Boogaloo, thanked the Council for adjourning its January 9 meeting in memory of his mother who had passed away, saying his family was very touched by the gesture.

(b) WRITTEN COMMUNICATIONS

1. Letter from Jim Lissner dated June 5, 2001 regarding restricting hours and happy house (and similar promotions) on new liquor licenses downtown .

Action: To receive and file.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

2. Letter from Jim Lissner dated June 5, 2001 regarding diesel generators on the beach .

City Manager Burrell responded to Council questions.

Action : To receive and file.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

3. Letter from Kaye Gagnon Sherbak of Voice, Jeff Du Clos of the Surfrider Foundation and Lisa Ryder of the Hermosa Beach Education Foundation requesting that the City Council implement Integrated Pest Management (IPM) practices in the renovation of Valley Park and appoint Ann Barklow as the IPM and horticultural consultant on this project .

City Manager Burrell responded to questions.

Action : To direct staff to work with the group and present their recommendations for Council consideration when the final Valley Park design changes are presented to the Council.
Motion Oakes, second Edgerton. The motion carried by a unanimous vote.

1. CONSENT CALENDAR :

City Clerk Doerfling noted a supplemental letter submitted June 12, 2001 from resident Howard Longacre concerning consent items 1(m), (o) and (q).

Action : To approve the consent calendar recommendations (a) through (q), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (l) Dunbabin, (m) Dunbabin, (p) Dunbabin, and (q) Oakes.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

At 8:05 P.M., the order of the agenda was suspended to go to public hearing item 4.

(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 22, 2001 .

Action : To approve the minutes of the Regular Meeting of the City Council held on May 22, 2001, as presented.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 25219 THROUGH 25436, NOTING VOIDED CHECK NOS. 25227 AND 25229, AND TO APPROVE THE CANCELLATION OF CHECK NO. 25234 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 RECEIVE AND FILE THE APRIL 2001 FINANCIAL REPORTS :

1) Revenue and expenditure report ;

2) City Treasurer's report ; and

3) Investment report .

Action: To receive and file the April 2001 Financial Reports, as presented.

(e) RECOMMENDATION TO ACCEPT DONATION OF $361.00 FROM HAWTHORNE SAVINGS TO BE USED FOR COMMUNITY RESOURCES DOG PARADE SUPPLIES . Memorandum from Finance Director Viki Copeland dated June 1, 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 donation of $361 from Hawthorne Savings for Community Resources Dog Parade supplies.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

(f) RECOMMENDATION TO ADOPT RESOLUTION ADDING POLICE CHIEF MICHAEL LAVIN TO THE LIST OF AUTHORIZED PERSONNEL ELIGIBLE TO UTILIZE THE CITY'S VISA CARD . Memorandum from Finance Director Viki Copeland dated June 1, 2000.

Action : To approve the staff recommendation to adopt Resolution No. 01-6137 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 00-6073 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION ."

(g) 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 June 5, 2001.

• Claimant : Moore, William

• Date of Loss : 06/01/01

• Date Filed : 06/04/01

• Allegation : Illegal towing of automobile

Action : To deny the above-noted claim, as recommended by staff.

(h) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND UNIPLAN ENGINEERING, INC. FOR $100,000 FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES ON AN AS-NEEDED BASIS; 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 June 4, 2001.

Action : To approve the staff recommendation to:

1. Approve the agreement between the City of Hermosa Beach and Uniplan Engineering, Inc. for $100,000; and

2. Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney.

(I) RECOMMENDATION TO AUTHORIZE THE PROPOSED RATE INCREASES AS REQUESTED BY FRANK SCOTTO TOWING OF TORRANCE, CALIFORNIA . Memorandum from Police Chief Michael Lavin dated June 5, 2001.

Action : To approve the staff recommendation to authorize the proposed rate increases for towing charges as requested by Frank Scotto Towing of Torrance, California.

(j) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated May 1, 2001.

Action : To receive and file the status report on capital improvement projects that are either under design or construction.

(k) RECOMMENDATION TO APPROVE THE COLOR SELECTION FOR PAINTING THE COMMUNITY CENTER BUILDING . Memorandum from Public Works Director Harold Williams dated June 4, 2001.

Action : To approve the color selection of dark beige for the first story and light beige for the second story for painting the Community Center building, as recommended by the Council subcommittee (Oakes and Dunbabin).

(l) AWARD LANDSCAPING MAINTENANCE CONTRACT TO U.S. LANDSCAPES, INC. OF HUNTINGTON BEACH, CALIFORNIA IN THE AMOUNT OF $579,668 FOR A PERIOD OF THIRTY-SIX (36) MONTHS BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2004; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE LANDSCAPE MAINTENANCE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET; AND, APPROPRIATE AN ADDITIONAL $19,815 FROM PROSPECTIVE EXPENDITURES TO THE FY 2001-02 BUDGET FOR PARKS . Memorandum from Public Works Director Harold Williams dated May 24, 2001.

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

Public Work Superintendent Flaherty responded to Council questions.

Action : To approve the staff recommendation to:

1. Award the landscape maintenance contract to U.S. Landscapes, Inc. of Huntington Beach, California, in the amount of $579,668 for a period of 36 months beginning July 1, 2001 and ending June 30, 2004;

2. Authorize the Mayor to execute and the City Clerk to attest the landscape maintenance contract subject to approval by the City Attorney;

3. Authorize the Director of Public Works to make minor changes as necessary within the budget; and

4. Appropriate an additional $19,815 from prospective expenditures to the FY 2001-02 budget for Parks.

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

(m) AWARD STREET SWEEPING CONTRACT TO CALIFORNIA STREET MAINTENANCE OF GARDENA, CALIFORNIA IN THE AMOUNT OF $593,853.12 FOR A PERIOD OF THIRTY-SIX (36) MONTHS BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2004; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE STREET SWEEPING CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET; AND, APPROPRIATE AN ADDITIONAL $20,500 FROM PROSPECTIVE EXPENDITURES TO THE FY 2001-02 BUDGET FOR STREET MAINTENANCE/TRAFFIC SAFETY . Memorandum from Public Works Director Harold Williams dated June 5, 2001. Supplemental letter from Howard Longacre received June 12, 2001.

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

Action : To approve the staff recommendation to:

1. Award the street sweeping contract to California Street Maintenance of Gardena, California, in the amount of $593,853.12 for a period of 36 months beginning July 1, 2001 and ending June 30, 2004;

2. Authorize the Mayor to execute and the City Clerk to attest the street sweeping contract subject to approval by the City Attorney;

3. Authorize the Director of Public Works to make minor changes as necessary within the budget; and

4. Appropriate an additional $20,500 from prospective expenditures to the FY 2001-02 budget for Street Maintenance/Traffic Safety.

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

(n) RECOMMENDATION TO DELETE THE IMPROVEMENT OF ONE CROSSWALK OF SPECIAL PAVING ON BEACH DRIVE AT THE SOUTH END OF THE PROJECT FROM EXHIBIT A OF THE PUBLIC IMPROVEMENT AND REIMBURSEMENT AGREEMENT WITH BEACH HOUSE HOTEL AND WITHHOLD $45,500 OF REIMBURSEMENT, AN AMOUNT EQUIVALENT TO THE COST OF THE IMPROVEMENT . Memorandum from Community Development Director Sol Blumenfeld dated June 4, 2001.

Action : To delete the improvement of one crosswalk of special paving on Beach Drive at the south end of the project from Exhibit A of the Public Improvement and Reimbursement Agreement and withhold $45,500 of reimbursement, an amount equivalent to the cost of the improvement.

(o) AWARD DOWNTOWN AREA AND CITY PIER CLEANING CONTRACT TO CALIFORNIA STREET MAINTENANCE OF GARDENA, CALIFORNIA IN THE AMOUNT OF $389,879.96 FOR A PERIOD OF THIRTY-SIX (36) MONTHS BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2004; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE STREET SWEEPING CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET; AND, APPROPRIATE AN ADDITIONAL $2,800 FROM PROSPECTIVE EXPENDITURES TO THE FY 2001-02 BUDGET FOR PIER CLEANING . Memorandum from Public Works Director Harold Williams dated June 5, 2001. Supplemental letter from Howard Longacre received June 12, 2001.

Action : To approve the staff recommendation to:

1. Award the Downtown Area and City Pier Cleaning contract to California Street Maintenance of Gardena, California, in the amount of $389,879 for a period of 36 months beginning July 1, 2001 and ending June 30, 2004;

2. Authorize the Mayor to execute and the City Clerk to attest the Downtown Area and City Pier Cleaning contract subject to approval by the City Attorney;

3. Authorize the Director of Public Works to make minor changes as necessary within the budget; and

4. Appropriate an additional $2,800 from the prospective expenditures to the FY 2001-02 budget for pier cleaning.

(p) 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 June 6, 2001.

The 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, saying the poles would come down on Myrtle Avenue in mid-July and on Loma Drive in mid-September.

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.

(q) AWARD DOWNTOWN AND CITY SIDEWALK STEAM CLEANING CONTRACT TO EKLUND BLASTOFF OF TORRANCE, CALIFORNIA IN THE AMOUNT OF $91,950.00 FOR A PERIOD OF THIRTY-SIX (36) MONTHS BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2004; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE STREET SWEEPING CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET . Memorandum from Public Works Director Harold Williams dated June 7, 2001. Supplemental letter from Howard Longacre received June 12, 2001.

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

Public Works Supervisor Flaherty responded to Council questions.

Coming forward to address the Council on this item was:

Jerry Costello - California Street Maintenance, suggested pressure washing the area once per week.

Action: To approve the staff recommendation to:

1. Award the Downtown City Sidewalk Steam Cleaning contract to Eklund Blastoff of Torrance, California, in the amount of $91,950 for a period of 36 months beginning July 1, 2001 and ending June 30, 2004;

2. Authorize the Mayor to execute and the City Clerk to attest the Downtown Area and City Pier Cleaning contract subject to approval by the City Attorney; and

3. Authorize the Director of Public Works to make minor changes as necessary within the budget.

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

2. CONSENT ORDINANCES - None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

• Item(s) 1(e), (l), (m), (p), and (q) 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

4. 2001-2002 BUDGET AND CAPITAL IMPROVEMENT PROGRAM .

a. ADOPTION OF 2001-2002 BUDGET . Memorandum from Finance Director Viki Copeland dated May 31, 2001.

Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

The public hearing opened at 8:30 P.M. Coming forward to address the Council on this item was:

Jay Russell - Hermosa Beach, said meters that take only quarters were a nuisance; requested that the City install meters that also allowed the use of dimes and nickels as other cities have.

The public hearing closed at 8:31 P.M.

Proposed Action : To approve the staff recommendation.
Motion Reviczky, second Oakes. The motion was subsequently withdrawn.

Straw votes on the following issues took place:

1. Raising the hourly parking meter rate from 50 cents to 75 cents passed (Dunbabin, Oakes, Reviczky, Mayor Bowler in favor);

2. Changing the quarter-only silver meters as they are replaced to meters that take nickels, dimes and quarters passed (Dunbabin, Edgerton, Oakes in favor); and

3. Increasing the parking citations to $25 for street sweeping and $30 for the rest passed (no objections voiced).

Action: To increase the hourly parking meter rate from 50 cents to 75 cents as recommended by staff, to increase parking fines to $30 for all violations except street sweeping, which shall be set at $25, and to direct staff to change quarter-only silver meters as they are replaced to meters that accept nickels, dimes and quarters.
Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Edgerton.

Straw votes on the following issues took place:

1. Increasing the parking lot hourly rate from 50 cents to 75 cents passed (Dunbabin, Reviczky, Mayor Bowler); and

2. Changing the nighttime parking structure flat rate from $4 after 9 P.M. to $6 after 6 P.M. passed (Edgerton, Reviczky, Mayor Bowler in favor).

Action: To increase the hourly rate in Lot A and the parking structure from 50 cents to 75 cents, as recommended by staff.
Motion Bowler, second Reviczky. The motion carried, noting the dissenting votes of Edgerton and Oakes.

Action : To change the nighttime flat rate in the parking structure from $4 after 9 P.M. to $6 after 6 P.M., as recommended by staff, subject to a six-month review by the City Council, with direction to keep the arm down as long as possible.
Motion Mayor Bowler, second Edgerton. The motion carried, noting the dissenting votes of Dunbabin and Oakes.

Action : To approve the staff recommendation to:

1. Adopt Resolution No. 01-6138 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INCREASING PARKING METER RATES, PARKING LOT/PARKING STRUCTURE RATES, PARKING VIOLATION PENALTIES AND ADDING PARKING METER AND PARKING LOT/PARKING STRUCTURE RATES TO THE MASTER SCHEDULE OF SERVICE CHARGES AND FEES, " as amended above;

2. Approve parking lot hours of 8 A.M. to 3 A.M., giving the City Manager discretion to make changes for special events/special needs;

3. Approve an amendment to the City Clerk personnel allocation, changing the part-time, temporary Clerk Typist position to a half-time, permanent position at an addition cost of $4,887 for retirement and employee benefits from Prospective Expenditures;

4. Approve amendments/corrections to appropriations as directed at the City Council budget workshop on May 24, 2001;

5. Adopt Resolution No. 01-6139 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2001-2002 " ; and

6. Appropriate funds from the Accrued Compensation Fund, Budget Year 2000-01.

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

The meeting recessed at 9:10 P.M.
The meeting reconvened at 9:29 P.M., continuing with public hearing item 4.

b. ADOPTION OF 2001-2002 APPROPRIATION LIMIT . Memorandum from Finance Director Viki Copeland dated May 30, 2001.

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

The public hearing opened at 9:30 P.M. As no one came forward to address the Council on this item, the public hearing closed at 9:30 P.M.

Action : To approve the staff recommendation to adopt Resolution No. 01-6140 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2001-2002 ."
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

5. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF 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 . Memorandum from Public Works Director Harold Williams dated May 30, 2001.

Public Works Director Williams presented the staff report and responded to Council questions.

The public hearing opened at 9:32 P.M. As no one came forward to address the Council on this item, the public hearing closed at 9:32 P.M.

Action : To approve the staff recommendation to adopt Resolution No. 01-6141 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2001 AND ENDING JUNE 30, 2002 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2001-2002 ."
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

MUNICIPAL MATTERS

6. CHAMBER OF COMMERCE "FALL FESTIVAL", LABOR DAY WEEKEND, SEPTEMBER 1-3, 2001 . Memorandum from City Manager Stephen Burrell dated June 7, 2001. Supplemental letter from Howard Longacre received June 12, 2001.

City Manager Burrell, City Attorney Mike Jenkins and Community Resources Director Rooney responded to Council questions.

Coming forward to address the Council on this item were:

J. Travers Divine - Chamber of Commerce, said the City received $59,000 in fees collected from non-Hermosa Beach vendors at the Memorial Day weekend Fiesta; said the Chamber increased to $28,000 donations to various community charities; proposed a Fall Festival for the Labor Day weekend and an attempt for more participation by families and local merchants by having different events each day on the main stage, theme music, a back-to-school fashion show, restaurant bake-off, line-dancing and clog dancing; noted the free booth space given to 10 local non-profit groups over the Memorial Day weekend, including the Kiwanis and Rotary clubs, St. Patrick's Day and Aloha Days committees, Historical Society, Disabled Veterans, Knights of Columbus, Hermosa Beach Police Officers and Firefighters associations, and the Lifeguards; said the Chamber of Commerce nets between $40,000 and $50,000 per event;

Dawn Wendell - Hawthorne Savings, spoke in support of the proposed Labor Day weekend Fall Festival, including extending the event along Hermosa Avenue to 14th Street;

Steven Roberts - resident and owner of Café Boogaloo, said the Fiesta, especially over Labor Day, presented problems for his customers trying to find evening parking; suggested scheduling the proposed event on a different weekend later in the Fall and looking into other ways to fund the Chamber of Commerce;

Steve Ashley - resident and downtown business owner, supported the changes the Chamber proposed but thought the event should be moved to a two-day weekend in the Fall; said the Labor Day weekend was the last summer weekend; said the Fiestas did not help his business; said the City needed to survey all residents and merchants;

Susan Blaco - Hermosa Beach, spoke in support of the Fiestas; saying they were well attended by residents of all age groups; said for the past 10 years she has worked in the Fiesta information booth because it enables her to see a lot of old friends;

Rebecca Perry - resident and business owner, said she appreciated the efforts to change the theme of the event but suggested the Fall Festival take place later in the year rather than over the last weekend of summer; said the event impacts her business;

Rick Koenig - resident and business owner; said the Kiwanis Club appreciates the ability to raise funds at the Fiesta venues, noting that those funds are then donated by the Kiwanis Club to benefit various worthy groups within the City, which he listed;

Lisa Rider - Hermosa Beach, said she lives six blocks from the beach but her friends could not visit her over Labor Day weekend because of the crowds and lack of parking; suggested a different weekend for the Fall Festival and supported a resident survey;

Jay Russell - Hermosa Beach, said the Council should eliminate one of the Chamber of Commerce Fiesta events or at least move one of the events to a two-day weekend; and

Debbie Loob - Hermosa Beach, supported getting community input on events; said she wanted one holiday weekend to just go to the beach, without the crowds and blaring loudspeakers.

Action: To direct staff to look into and report back on all options concerning the feasibility of placing on the November ballot a measure to increase the City's business license tax as a means to fund the Chamber of Commerce and eliminate the Labor Day weekend event.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

Proposed Action : To allow the Labor Day event to take place as it has in the past in its original format rather than using a Fall Festival theme.
Motion Mayor Bowler. The motion died for lack of a second.

Further Action : To (1) approve the Fall Festival as requested by the Chamber of Commerce; (2) direct staff to meet with Chamber staff and work out the details, including the use of Hermosa Avenue north to 14th Street; (3) approve the use of $3,000 in Prop C funds for the shuttle bus service; and (4) waive application, banner, amplification fees and bill for other services at cost.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

Final Action : To direct staff to report back with information on the options for conducting a statistically valid survey to ascertain community opinion on downtown events and perhaps other issues as well.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

The meeting recessed at 10:54 P.M.
The meeting reconvened at 11:07 P.M.

7. ENCROACHMENT PERMIT AT 27TH STREET AND OZONE COURT . Memorandum from City Manager Stephen Burrell dated June 7, 2001. Supplemental letters from Ron Felsing received June 12, 2001 and from Jay Mitchell dated June 12, 2001.

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

Coming forward to address the Council on this item were:

Jay Mitchell - property owner, referred to his supplemental submittal; said he went through the process, submitted detailed drawings and the City approved his permit; suggested that he shorten the wall from 42 inches to 36 inches in the triangular area; and

Barbara Mathieson - area resident, objected to giving public property for private use; said the City Traffic Engineer said there was a line of sight problem; said the permit would have been rejected by Public Works Department; said there were shrubs as well as a fence.

Action: To direct staff to proceed with the issuance of the encroachment permit with the Traffic Engineer's recommendation that the fence be located about five feet from the back of the sidewalk and angled closer to the sidewalk as it goes west, following the line of the street.
Motion Mayor Bowler, second Oakes. The motion carried, noting the dissenting votes of Dunbabin and Edgerton.

8. CONSIDERATION OF SIMILAR USE PROVISION FOR C-3 ZONED PROPERTY . Memorandum from Community Development Director Sol Blumenfeld dated May 30, 2001.

Community Development Director Blumenfeld presented the staff report and responded to Council questions.

Action : To confirm that a bank with drive-thru teller is similar to other uses permitted in the C-3 zone and subject to a Conditional Use Permit pursuant to the requirements of Section 17.26.040 of the Zoning Code.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

9. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS AND THEREBY ELIMINATE THE CITY'S UTILITY USERS TAX . Memorandum from City Clerk Elaine Doerfling dated May 22, 2001.

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

Action : To order a report pursuant to Section 9212 to be presented to the Council at its meeting of July 10, 2001.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

LEAGUE OF CALIFORNIA CITIES PROPOSED BYLAWS AMENDMENT IN INCREASE DUES TO IMPLEMENT LEAGUE GRASSROOTS NETWORK . Memorandum from City Manager Stephen Burrell dated June 7, 2001.

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

Action : To approve the League of California Cities bylaws amendment, which will implement a statewide Grassroots Network to protect local control and reduce the likelihood of City revenues being taken by the State, and direct the City Clerk to record your approval on the attached ballot and forward it to the League of California Cities, as recommended by staff.
Motion Edgerton, second Oakes. The motion carried by a unanimous vote.

11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERMS - PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION . Memorandum from City Clerk Elaine Doerfling dated June 6, 2001.

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

Action : To (1) schedule a meeting at 6 P.M., prior to the meeting of Tuesday, July 24, 2001, for the purpose of interviewing applicants, with appointments to be made at the regular Council meeting of July 24; and (2) to extend the application filing deadline to 6 P.M. Wednesday, July 18, 2001, consistent with recent Council policy, as recommended by staff.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

At 12:01 A.M., the order of the agenda returned to item 3.

12. OTHER MATTERS - CITY COUNCIL - None

At 12:19 A.M., the scheduled closed session was continued to the next meeting.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Michael Manse on Wednesday, June 13, 2001, at the hour of 12:20 A.M. to the Regular Meeting on Tuesday, June 26, 2001, at the hour of 7:10 P.M.