MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 10, 2001, at the hour of 7:12 P.M.

PLEDGE OF ALLEGIANCE - Joe Diaz

ROLL CALL :
Present: Edgerton, Oakes, Reviczky, Mayor Bowler
Absent:  Dunbabin

PRESENTATIONS

COMMENDATION TO DEE STRANGE RECOGNIZING 44 YEARS
 OF SERVICE WITH THE HERMOSA BEACH SCHOOL DISTRICT

Mayor Bowler presented the Commendation to Dee Strange in recognition of her 44 years of service with the Hermosa Beach School District.

Ms. Strange thanked everyone, especially her students, noting that they taught her a lot over the years.

PROCLAMATIONS

PARKS & RECREATION MONTH - JULY 2001

Mayor Bowler read the proclamation naming the month of July 2001, as "Parks and Recreation Month" in Hermosa Beach, and urged all residents to enjoy and recognize the benefits derived from the City's recreation programs, which provide something of value to everyone.

Parks, Recreation and Community Resources Commissioner Robert Bell accepted the proclamation.

ANNOUNCEMENTS - Mayor Bowler commented on the 4thof July holiday and thanked Police Chief Lavin and the officers who worked that day for a job well done, noting that the police presence made a big difference.

Councilmember Edgerton asked about the results of the demonstration of the new flight-monitoring device that was scheduled to take place today. City Manager Burrell said the demonstration had been continued until the antenna has been tuned and calibrated, noting that the City Managers from the three cities would meet tomorrow on the issue.

CLOSED SESSION REPORT FOR MEETING OF JUNE 26, 2001 : No reportable actions.

PUBLIC PARTICIPATION :

ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

    Rudy Limas - Hermosa Beach Sister City president, made a group introduction of the Loreto students in the audience, noting they had arrived today as participants of the Sister City's student exchange program.

Councilmember Reviczky welcomed the students to the City of Hermosa Beach and invited the entire community to make the young people feel welcome and show them the same hospitality his children received in Loreto during their participation in the program and that he always receives when he visits the Sister City of Loreto.

1. WRITTEN COMMUNICATIONS - None

2. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (o), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Mayor Bowler, (f) Edgerton, and (h) Edgerton.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Dunbabin.

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :

1. Minutes of the Regular meeting held on June 12, 2001 -Supplemental page 10561 from City Clerk Elaine Doerfling; and

2. Minutes of the Regular meeting held on June 26, 2001 .

Action : To approve the minutes of the Regular meeting of June 12, 2001 as revised in the supplemental item and approve the minutes of the Regular meeting of June 26, 2001 as presented. (Dunbabin absent)

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 25570 THROUGH 25715, NOTING VOIDED CHECK NO. 25646, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 25685 AND 25700 AS RECOMMENDED BY THE CITY TREASURER .

Action : To approve the check register, as presented. (Dunbabin absent)

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

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

(d) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF FOUR (4) NEW FORD CROWN VICTORIA BLACK AND WHITE POLICE SEDANS FROM WONDRIES FLEET GROUP OF ALHAMBRA, CALIFORNIA IN THE AMOUNT OF $100,275.84 (INCLUDES TAX ) . Memorandum from Police Chief Michael Lavin.

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 authorize the purchase of four (4) new Ford Crown Victoria black and white police sedans from Wondries Fleet Group of Alhambra, California, as recommended by staff.
Motion Mayor Bowler, second Edgerton. The motion carried, noting the absence of Dunbabin.

(e) RECOMMENDATION TO ADOPT A RESOLUTION THEREBY REMOVING OFFICER GARTH GAINES FROM THE LIST OF AUTHORIZED PERSONNEL ELIGIBLE TO UTILIZE THE CITY'S VISA CARD . Memorandum from Finance Director Viki Copeland dated July 2, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6149 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 00-6137 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION ." (Dunbabin absent)

(f) RECOMMENDATION TO APPROVE THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND DAVID EVANS & ASSOCIATES, INC. IN THE AMOUNT OF $17,404 FOR THE EXTRA SERVICES PERFORMED BEYOND THE ORIGINAL SCOPE OF WORK FOR PROJECT NO. 95-507, VALLEY PARK IMPROVEMENTS, AND TO MAKE CHANGES TO THE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE RESTROOM BUILDING; AND, AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT, UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY . Memorandum from Public Works Director Harold Williams dated June 28, 2001.

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

Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Action : To:

1. Approve the Second Amendment in the amount of $9,704 between the City of Hermosa Beach and David Evans & Associates, Inc. for the extra services performed beyond the original scope of work and authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement, upon approval as to form by the City Attorney; and

2. Direct staff to return with a cost breakdown from the consultant of the anticipated $7,700 extra cost for changes to the plans, specifications and estimates for the restroom building, at which time the Council will authorize the changes and design work.

Motion Reviczky, second Oakes. The motion carried, noting the absence of Dunbabin.

(g) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated June 28, 2001.

Action : To receive and file the status report of capital improvement projects that are either under design or construction. (Dunbabin absent)

(h) RECOMMENDATION TO ACCEPT THE WORK BY LOS ANGELES ENGINEERING INC. FOR PROJECT NO. CIP 99-144, STRAND BIKEWAY AND PEDESTRIAN WALKWAY BETWEEN 24TH STREET AND 35TH STREET; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO LOS ANGELES ENGINEERING INC. (5% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION) . Memorandum from Public Works Director Harold Williams dated June 13, 2001.

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

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

Action : To approve the staff recommendation to:

1. Accept the work by Los Angeles Engineering Inc. for Project No. CIP 99-144, Strand Bikeway and Pedestrian Walkway Between 24th Street and 35th Street;

2. Authorize the Mayor to sign the Notice of Completion; and

3. Authorize staff to release payment to Los Angeles Engineering Inc. (5% retained for 35 days following filing of Notice of Completion);

with direction to staff to take care of the following items: fix the two panels at 33rd Street, sift the sand inside the Strand wall, and check the bases of the light standards for indications of rust.
Motion Edgerton, second Oakes. The motion carried, noting the absence of Dunbabin.

(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 June 27, 2001.

Action : To receive and file the report, as recommended by staff. (Dunbabin absent)

(j) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 01-001 BETWEEN THE CITY AND DMR TEAM, INC. FOR $100,000 FOR ENGINEERING AND DESIGN 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 27, 2001.

Action : To approve the staff recommendation to:

1. Approve Professional Services Agreement No. 01-001 between the City and DMR Team, Inc. for $100,000 for engineering and design services on an as-needed basis; and

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

(k) RECOMMENDATION TO ADOPT RESOLUTION ACCEPTING REAL PROPERTY QUITCLAIM TO THE CITY OF HERMOSA BEACH BY CHARLES C. KNAGENHELM AND EUNICE KNAGENHELM . Memorandum from Public Works Director Harold Williams dated June 28, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6150 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING A REAL PROPERTY QUITCLAIM TO THE CITY OF HERMOSA BEACH BY CHARLES C. KNAGENHELM AND EUNICE KNAGENHELM ." (Dunbabin absent)

(l) RECOMMENDATION TO RETAIN LEA ASSOCIATES TO PROVIDE AN APPRAISAL TO DETERMINE THE VALUE FOR LEASING CITY OWNED PROPERTY FOR THE BEACH LANDING OF THE TYCOM PROJECT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT THE FEE OF $9,500 AND TO OBTAIN ADDITIONAL SERVICES IF REQUIRED, TO EVALUATE THE ECONOMIC BENEFIT OF THE PROPOSED PROJECT CABLE STATION, WITH ADDITIONAL WORK ON A TIME AND MATERIAL BASIS IN AN AMOUNT NOT TO EXCEED $6,500 . Memorandum from Community Development Director Sol Blumenfeld dated July 2, 2001.

Action : To approve the staff recommendation to:

1. Direct staff to retain Lea Associates to provide an appraisal to determine the value for leasing City-owned property for the beach landing of the TyCom project; and

2. Authorize the City Manager to execute the agreement the fee of $9,500 and to obtain additional services if required, to evaluate the economic benefit of the proposed project cable station, with additional work on a time and material basis in an amount not to exceed $6,500. (Dunbabin absent)

(m) RECOMMENDATION TO APPROVE THE PROPOSAL FOR THE "PROGRAMMING AND CONCEPTUAL DESIGN/BUDGETING" PHASES OF THE FIRE STATION REMODEL, CIP NO. 99-610, BY THE RRM DESIGN GROUP, AN ARCHITECTURAL AND ENGINEERING FIRM IN THE AMOUNT OF $27,505 . Memorandum from Fire Chief Russell Tingley dated July 3, 2001.

Action : To approve the proposal for the "Programming and Conceptual Design/Budgeting" phases of the Fire Station remodel, CIP No. 99-610, by the RRM Design Group, an architectural and engineering firm in the amount of $27,505, as recommended by staff. (Dunbabin absent)

(n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25869 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1141-1145 CYPRESS AVENUE . Memorandum from Community Development Director Sol Blumenfeld dated July 3, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6151 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25869 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1141 - 1145 CYPRESS AVENUE, HERMOSA BEACH, CALIFORNIA ." (Dunbabin absent)

(o) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25968 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 649 & 651 FIFTH STREET . Memorandum from Community Development Director Sol Blumenfeld dated July 3, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6152 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25868 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 649 AND 651 FIFTH STREET, HERMOSA BEACH, CALIFORNIA ." (Dunbabin absent)

3. CONSENT ORDINANCES - None

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

• Items 1(d), (f), and (h) 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.

At 7:30 P.M., after acting on item 1(d), the order of the agenda was suspended to go to public hearing item 4. Items 1(f) and (h) were considered after the public hearing.

5. PUBLIC HEARINGS

a. A REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DENIAL OF A PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR ALTERATIONS TO AN EXISTING RETAIL AND ENTERTAINMENT CENTER TO ACCOMMODATE OFFICES, A HEALTH AND FITNESS CLUB, AND RETAIL USES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY, "HERMOSA PAVILION ." Memorandum from Community Development Director Sol Blumenfeld dated July 2, 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.

The public hearing opened at 8:01 P.M. Coming forward to address the Council on this item were:

    Gene Shook - applicant, said the proposed fitness club would have a 7,000 square foot basketball court, which would accommodate 10 people at a time, and an Olympic length pool with five lap lanes, which would accommodate 5 people at a time, which would accommodate fewer people at any given time, unlike other similarly sized fitness centers that are filled with exercise equipment; compared the facility to the club in Santa Monica; discussed the proposed parking;
    Jack Greenspan - Linscott Law & Greenspan Engineers, said the health club parking ratio used in other cities was one space for each 150 square feet, noting that people come and go all day long; said retail usage peaks on weekends, while office usage peaks during the week; said office workers could use tandem or assisted parking;
    Gary Wiggle - project architect, said they wanted to make the parking garage user friendly, with new lighting and paint to make the surfaces reflective; and
    Michael Hershberg - Linscott Law & Greenspan Engineers, said peak parking hours for the fitness center would occur at 7 P.M. on weekdays and between 10 A.M. and 11 A.M. on weekends.

The public hearing closed at 8:36 P.M.

Proposed Action : To approve the request.
Motion Edgerton, second Oakes. The motion was subsequently withdrawn.

Action : To continue the item to the next meeting when there would be a full Council, noting that Councilmember Dunbabin would have to listen to the tape of tonight's hearing prior to the meeting in order to participate.
Motion Edgerton, second Oakes. The motion carried, noting the absence of Dunbabin.

The meeting recessed at 9:09 P.M.
The meeting reconvened at 9:20 P.M., at which time the order of the agenda returned to item 3.

6. MUNICIPAL MATTERS

a. INITIATIVE PETITION TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS TO ELIMINATE HERMOSA BEACH UTILITY USER TAX . Memorandum from City Clerk Elaine Doerfling dated July 5, 2001.

City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell presented the report ordered by the Council and responded to Council questions.

Public participation opened at 10:00 P.M. Coming forward to address the Council on this item was:

Donley Falkenstien - spoke in support of the measure.

Public participation closed at 10:03 P.M.

Action : To:

1. Receive and file the report ordered pursuant to Elections Code Section 9212 analyzing the fiscal impact of the proposed ordinance, and

2. Direct the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the next regular municipal election occurring November 6, 2001.

Motion Reviczky, second Edgerton. The motion carried, noting the absence of Dunbabin.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. BALLOT MEASURES - FUNDING FOR CHAMBER OF COMMERCE . Memorandum from City Manager Stephen Burrell dated July 5, 2001.

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

Action : To direct staff to return with options for conducting a multi-opinion poll in the Fall, with said survey encompassing several issues, and perhaps in coordination with the School Board.
Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote by Edgerton and the absence of Dunbabin.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE . Memorandum from City Manager Stephen Burrell dated July 3, 2001.

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

Action : To designate Mayor Bowler as a voting delegate and Mayor Pro Tempore Dunbabin as an alternate for the League of California Cities Annual Business Meeting on Saturday, September 15, 2001.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Dunbabin.

9. OTHER MATTERS - CITY COUNCIL - None

At 11:42 p.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 on Tuesday, July 10, 2001, at the hour of 11:43 P.M. to an Adjourned Regular Meeting on Tuesday, July 24, 2001, at the hour of 6:00 P.M. for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Commission.