MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 28, 2001, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE - Councilmember J.R. Reviczky

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

ANNOUNCEMENTS - Councilmember Oakes said she and her daughter enjoyed the wonderful performance of "Into the Woods" at the Hermosa Beach Playhouse last Friday night. Councilmember Reviczky and Mayor Pro Tempore Dunbabin joined her in commending everyone involved for the excellent musical production.

Mayor Pro Tempore Dunbabin commented on: (1) the recent Lifeguard's Medal of Valor celebration, noting the impressive service the lifeguards provide; (2) the successful Shakespeare in the Park presentation Sunday of "As You Like It" at Valley Park; and (3) the recent opening of the South Coast Botanic Gardens county park, where one of the main halls is named for Frances Young, one of the founders of the Hermosa Beach Garden Club. She then announced that the next Economic Development meeting, chaired by Joe Mark, would take place in the City Council Chambers Thursday, August 30, 2001, at 7 P.M.

CLOSED SESSION REPORT FOR MEETINGS OF JULY 24, 2001 AND JULY 31, 2001 : No reportable actions.

PUBLIC PARTICIPATION :

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

    Pete Tucker - Hermosa Beach, spoke of the need tomorrow for a painter at the child design project taking place on 10th Street, if anyone in the community was able to donate some time to help, noting this was a great project that would give the City a lot of recognition; requested that consent calendar items 2(v) and (x) be removed for discussion (Councilmember Reviczky said he had been involved from the beginning with the nonprofit organization that has come to Hermosa Beach to do this demonstration project on a child-safe environment with the remodel of a Hermosa Beach home; and acknowledged local architect Jerry Compton for his efforts on the project);
    Robert Bell - Hermosa Beach, commented on the excellence of the junior lifeguard program, noting the participation of his sons in the program; said the lifeguards do a wonderful job; and
    John Hales - Hermosa Beach, spoke of the unsightly appearance of the City Yard from the street; suggested at least raking up the dead leaves and trimming the vines (City Manager Burrell said the ongoing oil project litigation prevented improvement of the site at this time, but that staff would rake up the leaves).

1. WRITTEN COMMUNICATIONS

a. Letter from John Hales regarding Strand walkway safety .

Coming forward to address the Council on this item was:

    John Hales - Hermosa Beach, spoke to his letter.

City Manager Burrell responded to Council questions.

Action : To direct staff to report back on all options for a comprehensive policy/ordinance on traffic control measures for the Plaza and for the Strand, particularly at the intersections between 10th Street and 15th Street, including lights, signage, enforcement and speed limits.
Motion Oakes, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

b. Letter from Ron Felsing requesting revocation of the encroachment permit issued to Jay Mitchell .

Coming forward to address the Council on this item was:

     Ron Felsing - Hermosa Beach, distributed information.

City Manager Burrell said the encroachment permit was scheduled to be on the agenda for the meeting of September 11, 2001.

No action was taken.

c. Letter from Shinichi Nagata, Manager of California Beach Restaurant, requesting a live entertainment permit for a 20th Anniversary Party on Sunday, September 23, 2001, from 5:00pm to 9:00pm .

Coming forward to address the Council on this item were:

    Shinichi Nagata - restaurant manager, came forward to answer questions; and
    Tony Waybright - assistant manager, said the date of the event had been changed from September 23 to October 14 to allow more time to prepare; said the event would be conducted wholly inside with invited guests only; noted a 142-person occupancy.

City Manager Burrell responded to Council questions.

Action : To grant the request for a live entertainment permit for a 20th anniversary party at the California Beach Restaurant to take place Sunday, October 14, 2001, from 5 to 9 P.M.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler

d. Letter from Jan Koch, General Manager of Nations! Travel Stores, requesting guidance in petitioning amendment of the Hermosa Beach Municipal Code, Section 17.50.080, B-2, Prohibited Signs .

Coming forward to address the Council on this item was/were:

    Jan Koch - Nations! Travel Stores, spoke to his letter.

City Attorney Jenkins responded to Council questions.

Action : To direct staff to prepare a report on sidewalk signage and refer the issue to the Planning Commission for review and recommendation.
Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote of Mayor Pro Tempore Dunbabin and the absence of Mayor Bowler.

2. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (ii), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Edgerton, (k) Oakes, (o) Edgerton, (r) Edgerton, (s) Reviczky, (t) Mayor Pro Tem Dunbabin, (u) Mayor Pro Tem Dunbabin, (v) Reviczky for Pete Tucker, (w) Oakes, and (x) Reviczky for Pete Tucker.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler

At 8:04 P.M., the order of the agenda was suspended to go to public hearing item 5.

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :

1. Adjourned Regular meeting held on July 24, 2001 ;

2. Regular meeting held on July 24, 2001 ;

3. Adjourned Regular meeting held on July 31, 2001 ; and

4. Regular meeting held on August 14, 2001 .

Action : To approve, as presented, the City Council minutes of the Adjourned Regular meeting of July 24, 2001, the Regular meeting of July 24, 2001, the Adjourned Regular meeting of July 31, 2001, and the Regular meeting of August 14, 2001. (Mayor Bowler absent)

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 25865 THROUGH 26306, NOTING VOIDED CHECK NOS. 25903, 26012, 26023, 26025, 26038 AND 26301, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 25772, 25917, 25983 and 26183 AS RECOMMENDED BY THE CITY TREASURER .

Action : To ratify the check register as presented. (Mayor Bowler absent)

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

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

(d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2001 FINANCIAL REPORTS :

1. Revenue and expenditure report ;

2. City Treasurer's report ; and

3. Investment report .

Action : To receive and file the July 2001 Financial Reports, as presented. (Mayor Bowler absent)

(e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF JULY 11, 2001 .

Action : To receive and file the action minutes of the July 11, 2001 Public Works Commission meeting. (Mayor Bowler absent)

(f) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE USE OF PARKING RESTRICTIONS WITHIN 100 FEET OF AN INTERSECTION FOR VEHICLES THAT ARE SIX FEET OR MORE IN HEIGHT . Memorandum from Public Works Director Harold Williams dated July 18, 2001.

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

City Manager Burrell responded to Council questions.

Coming forward to address the Council on this issue were:

    Richard Garland - Traffic Engineer, responded to Council questions; said the California Vehicle Code allowed cities to prohibit or restrict vehicles that are six feet or more in height to park within 100 feet of any intersection; and
    Gordon Harvey - Hermosa Beach, spoke of the dangerous situation that large vehicles create when parked at an intersection, regardless of the length of time they are parked there.

Action : To approve the staff recommendation to adopt Resolution No. 01-6163 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE USE OF PARKING RESTRICTIONS WITHIN 100 FEET OF AN INTERSECTION FOR VEHICLES THAT ARE SIX FEET OR MORE IN HEIGHT ."
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler.

(g) RECOMMENDATION TO APPROVE AN ADDITIONAL PAYMENT OF $3,260 TO STEVENS-GARLAND ASSOCIATES, INC. FOR CONTRACT TRAFFIC ENGINEERING SERVICES RENDERED . Memorandum from Public Works Director Harold Williams dated July 25, 2001.

Action : To approve an additional payment of $3,260 to Stevens/Garland Associates, Inc. for contract traffic engineering services rendered, as recommended by staff. (Mayor Bowler absent)

(h) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO STEVENS-GARLAND ASSOCIATES, INC. FOR PROVIDING CITY TRAFFIC ENGINEERING SERVICES FOR A FEE OF $18,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH STEVENS-GARLAND ASSOCIATES, INC. FOR SERVICES IN THE FY 2002-2003 . Memorandum from Public Works Director Harold Williams dated July 23, 2001.

Action : To approve the staff recommendation to:

1. Award a Professional Services Agreement to Stevens-Garland Associates, Inc. for providing City Traffic Engineering Services for a fee of $18,000;

2. Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and,

3. Authorize staff to negotiate an agreement with Stevens-Garland Associates, Inc. for services in the FY 2002-2003. (Mayor Bowler absent)

(i) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN A RENEWAL OF CONTRACT AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES IN THE AMOUNT OF $60,085 . Memorandum from Police Chief Michael Lavin dated July 26, 2001.

Action : To authorize the City Manager to sign a renewal of contract agreement with All City Management Services for crossing guard services in the amount of $60,085, as recommended by staff. (Mayor Bowler absent)

(j) 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 August 8, 2001.

• Claimant : Phyllis J. Jones

• Date of Loss : 2/8/01

• Date Filed : 8/8/01

Action : To deny the above-noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Mayor Bowler absent)

(k) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION FOR FY 2000-01 OF $10,173.28 FROM THE MYRTLE AVENUE UTILITY UNDERGROUNDING DISTRICT IMPROVEMENT FUND FOR THE COMPLETION OF PROJECT NO. CIP 97-182, MYRTLE AVENUE UTILITY UNDERGROUNDING . Memorandum from Public Works Director Harold Williams dated August 6, 2001.

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

City Manager Burrell responded to Council questions.

Coming forward to address the Council on this issue was:

    Scott Gobble - Southern California Edison, responded to Council questions; said the invoice covered the installation cost of a temporary system that Edison had to install in order to maintain street lighting in the district; said the temporary system was required because Verizon had not yet completed its work.

Action : To direct staff to submit Edison's invoice to Verizon Communications for payment.
Motion Oakes, second Edgerton. The motion carried, noting the absence of Mayor Bowler

(l) 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 August 13, 2001.

• Claimant : Iyad Albitar

• Date of Loss : 7/25/01

• Date Filed : 8/9/01

Action : To deny the above-noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Mayor Bowler absent)

(m) RECOMMENDATION TO APPROVE THE DECISION OF THE PUBLIC WORKS COMMISSION TO SUPPORT THE REQUEST FOR A CONCRETE SWALE AT THE EDGE OF PAVEMENT AT 520 - 24TH PLACE FOR STREET IMPROVEMENTS . Memorandum from Public Works Director Harold Williams dated August 9, 2001.

Action : To approve the Public Works Commission's decision to support the request for a concrete swale at the edge of pavement at 520 - 24th Place for street improvements. (Mayor Bowler absent)

(n) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT . Memorandum from Public Works Director Harold Williams dated August 15, 2001.

Action : To receive and file the status report of capital improvement projects currently under design or construction, as recommended by staff. (Mayor Bowler absent)

(o) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 01.003 WITH JOHN L. HUNTER & ASSOCIATES, INC. TO ADMINISTER THE CITY'S MUNICIPAL STORM WATER PROGRAM AND IMPLEMENT NPDES PERMIT REQUIREMENTS FOR AN ANNUAL AMOUNT OF $49,262, AND TO AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY . Memorandum from Public Works Director Harold Williams dated July 31, 2001.

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

City Manager Burrell responded to Council questions.

Action : To approve the staff recommendation to:

1. Approve Professional Services Agreement No. 01.003 with John L. Hunter & Associates, Inc. to administer the City's Municipal Storm Water Program and implement NPDES (National Pollutant Discharge Elimination System) permit requirements for an annual amount of $49,262; and

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

Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton, and the absence of Mayor Bowler.

(p) RECOMMENDATION TO APPROVE RATE INCREASE FOR CITY PROSECUTOR SERVICES FROM $6,560 TO $6,800 PER MONTH AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT . Memorandum from City Manager Stephen Burrell dated August 14, 2001.

Action : To approve rate increase for City Prosecutor services from $6,560 to $6,800 per month and authorize City Manager to execute agreement, as recommended by staff. (Mayor Bowler absent)

(q) RECOMMENDATION TO ACCEPT THE WORK BY ACE FENCE COMPANY FOR PROJECT NO. CIP 99-627, COMMUNITY CENTER IMPROVEMENTS-FENCING ; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ACE FENCE COMPANY (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION) . Memorandum from Public Works Director Harold Williams dated August 14, 2001.

Action : To approve the staff recommendation to:

1. Accept the work by Ace Fence Company for Project No. CIP 99-627, Community Center Improvements-Fencing;

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

3. Authorize staff to release payment to Ace Fence Company (10% retained for 35 days following filing of Notice of Completion). (Mayor Bowler absent)

(r) RECOMMENDATION TO ACCEPT A DONATION OF $8,000 FROM CHEVRON TO BE USED FOR THE ANNUAL SURF CAMP . Memorandum from Finance Director Viki Copeland dated August 16, 2001.

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

Action : To accept the donation of $8,000 from Chevron to be used for the annual Surf Camp (with $3,560 to be appropriated to FY 2000-01, and $4,440 to be appropriated to FY 2001-02).
Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler.

(s) RECOMMENDATION TO RE-APPROPRIATE $146,972 FROM THE 301 CAPITAL IMPROVEMENT FUND FY 2000-01; RE-APPROPRIATE $110,000 FROM THE 150 STIP FUND FY 2000-01; APPROVE SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE CITY AND NORBEST INC. FOR $21,100 FOR PROJECT NO. CIP 00-171, ARDMORE AVENUE STREET IMPROVEMENT - VARIOUS LOCATIONS; AUTHORIZE THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE THE SUPPLEMENTAL AGREEMENT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $2,110 . Memorandum from Public Works Director Harold Williams dated August 14, 2001.

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

Public Works Director Williams responded to Council questions.

Action : To approve the staff recommendation to:

1. Re-appropriate $146,972 from the 301 Capital Improvement Fund FY 2000-01;

2. Re-appropriate $110,000 from the 150 STIP Fund FY 2000-01;

3. Approve Supplemental Agreement No. 1 between the City and Norbest Inc. for $21,100 for Project No. CIP 00-171, Ardmore Avenue Street Improvement - various locations;

4. Authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement; and

5. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,110.

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

(t) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING PARKING TIME LIMITS ON CERTAIN STREETS FOR STREET SWEEPING PURPOSES . Memorandum from Public Works Director Harold Williams dated August 15, 2001.

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

Public Works Director Williams responded to Council questions.

Action : To approve the staff recommendation to adopt Resolution No. 01-6164 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING PARKING TIME LIMITS ON CERTAIN STREETS FOR STREET SWEEPING PURPOSES ."
Motion Mayor Pro Tempore Dunbabin, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

(u) 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 August 16, 2001.

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

Public Works Director Williams presented the status report.

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 Mayor Pro Tempore Dunbabin, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

(v) RECOMMENDATION TO APPROVE PAYMENT OF $7,150.20 TO LOS ANGELES ENGINEERING FOR QUANTITY ADJUSTMENTS FOR PROJECT NO. CIP 99-144 STRAND BIKEWAY AND PEDESTRIAN WALKWAY BETWEEN 24TH STREET AND 35TH STREET . Memorandum from Public Works Director Harold Williams dated July 23, 2001.

This item was removed from the consent calendar by Councilmember Reviczky, at the request of Pete Tucker, for separate discussion later in the meeting.

Coming forward to address the Council on this item was:

    Pete Tucker - Hermosa Beach, said the stairway was not handicap compliant; submitted a bag of debris left in the sand from work on the Strand (Councilmember Reviczky noted that Council direction last month required them to sift the sand).

City Manager Burrell responded to Council questions, noting he would contact the firm about cleaning the area and would talk to the County as well.

Action : To approve payment of $7,150.20 to Los Angeles Engineering for quantity adjustments for Project No. CIP 99-144 Strand Bikeway and Pedestrian walkway between 24th Street and 35th Street, as recommended by staff.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler.

(w) RECOMMENDATION TO APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PROJECT NO. CIP 95-507, VALLEY PARK IMPROVEMENTS ) IN THE AMOUNT OF $7,700 BETWEEN THE CITY AND DAVID EVANS & ASSOCIATES, INC; APPROVE ADDITIONAL REIMBURSEMENT EXPENSES IN THE AMOUNT OF $2,000; 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 August 14, 2001.

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

Coming forward to address the Council on this item was:

    Kim Rhodes - David Evans & Associates, Inc., responded to Council questions; said she thought there would be a decrease rather than an increase in the construction costs; corrected their letter, noting the cost for item 1 was inadvertently shown at the end of the preceding paragraph, and the cost of item 2 was inadvertently shown at the end of item 1.

City Manager Burrell responded to Council questions.

Action : To:

1. Approve the Third Amendment to the Professional Services Agreement between the City and David Evans & Associates, Inc., in the amount of $5,535, as amended to exclude item 4 ($1,225) and item 8 ($940) as shown in the firm's letter identified as "Attachment 2";

2. Approve additional reimbursement expenses in the amount of $2,000;

3. 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

4. Direct staff to bring back additional back-up information to determine whether or not the items excluded above are legitimate costs.

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

(x) RECOMMENDATION TO APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND QUANTUM CONSULTING FOR CONTRACT ADMINISTRATION AND INSPECTION SERVICES RENDERED WITH THE CONSTRUCTION OF LOMA DRIVE UNDERGROUND UTILITY DISTRICT IN AN AMOUNT NOT TO EXCEED $25,000; 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 August 15, 2001.

This item was removed from the consent calendar by Councilmember Reviczky, at the request of Pete Tucker, for separate discussion later in the meeting.

Coming forward to address the Council on this item was:

    Pete Tucker - Hermosa Beach, expressed concern about the continuing costs for the project; and
    Name Indistinct - Loma Drive resident, expressed concern about the use of money from the assessment district funds;

City Manager Burrell responded to Council questions, noting that the cost was for inspection services, not for work done by the utilities; said the residents would not be assessed again.

Action : To approve the staff recommendation to:

1. Approve the Third Amendment to the Professional Services Agreement between the City and Quantum Consulting for contract administration and inspection services associated with the construction of Loma Drive Underground Utility District in an amount not to exceed $25,000;

2. Appropriate $25,000 from the 308 Loma Drive Utility Undergrounding Fund; and

3. 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.

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

(y) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 7, 2001 .

Action : To receive and file the action minutes from the August 7, 2001 Parks, Recreation and Community Resources Advisory Commission meeting. (Mayor Bowler absent)

(z) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENTS BETWEEN THE CITY AND THE ASSOCIATION FOR RETARDED CITIZENS , EASTER SEALS SOCIETY AND CITY OF REDONDO BEACH/SOUTH BAY YOUTH PROJECT FOR SPACE IN THE COMMUNITY CENTER . Memorandum from Community Resources Director Mary Rooney dated August 21, 2001.

Action : To approve, as recommended by staff, the following one-year lease renewal agreements for space in the Community Center:

1. Association for Retarded Citizens - Rooms 1, 2 and 15 (2,660 square feet) - at a monthly rent of $3,005.80 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2002 at a rate to be determined;

2. Easter Seals Society - Room 14 ((920 square feet) - at a monthly rent of $1,039.60 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2001 at a rate to be determined; and

3. City of Redondo Beach/South Bay Youth Project - Room 6A - (166 square feet) - at a monthly rent of $187.58 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2001 at a rate to be determined. (Mayor Bowler absent)

(aa) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE COMMUNITY CENTER FOUNDATION FOR ROOM 6C IN THE COMMUNITY CENTER . Memorandum from Community Resources Director Mary Rooney dated August 21, 2001.

Action : To approve the one-year lease agreement between the City and the Community Center Foundation for Room 6C (192 sq.ft.) in the Community Center, and to waive the monthly rental fee ($216.96 from October 1, 2001 through June 30, 2002 and yet to be determined for July 1 through September 30, 2002), as recommended by staff. (Mayor Bowler absent)

(bb) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25750 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 601 SECOND STREET . Memorandum from Community Development Director Sol Blumenfeld dated August 20, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6159 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25750 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 601 SECOND STREET, HERMOSA BEACH, CALIFORNIA ." (Mayor Bowler absent)

(cc) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25473 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1041 MONTEREY/1042 BAYVIEW DRIVE . Memorandum from Community Development Director Sol Blumenfeld dated August 20, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6160 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25473 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1041 MONTEREY BOULEVARD/1042 BAYVIEW DRIVE, HERMOSA BEACH, CALIFORNIA ." (Mayor Bowler absent)

(dd) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE INTERSECTION OF HERMOSA AVENUE AND 14TH COURT AS A ONE-WAY STOP CONTROL INTERSECTION . Memorandum from Public Works Director Harold Williams dated August 20, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6161 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF HERMOSA AVENUE AND 14th COURT AS A ONE-WAY STOP CONTROL INTERSECTION ." (Mayor Bowler absent)

(ee) RECOMMENDATION TO APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND DAVID EVANS AND ASSOCIATES FOR LANDSCAPE ARCHITECTURAL SERVICES ON AN "AS NEEDED" BASIS IN THE AMOUNT OF $6,880 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 August 21, 2001.

Action : To approve the staff recommendation to:

1. Approve the First Amendment to the Professional Services Agreement between the City and David Evans and Associates for landscape architectural services on an "as needed" basis in the amount of $6,880; and

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

(ff) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 21, 2001 .

Action : To receive and file the action minutes from the August 21, 2001 Planning Commission meeting. (Mayor Bowler absent)

(gg) RECOMMENDATION TO APPROVE THE RENEWAL OF THE CITY FLAG DISPLAY PROGRAM FOR PCH AND DOWNTOWN FOR 4TH OF JULY, VETERAN'S DAY AND MEMORIAL DAY; APPROPRIATE $5,516.85 FROM PROSPECTIVE EXPENDITURES TO PAY GOLD GRAPHICS ($4,826.85 OF TOTAL EXPENDITURE TO PURCHASE NEW FLAGS AND HARDWARE, AND THE REMAINING $690 FOR INCREASED INSTALLATION COSTS); AND AUTHORIZE STAFF TO RETAIN GOLD GRAPHICS TO HANG AND REMOVE FLAGS THREE TIMES PER YEAR AT A COST OF $1,430 PER INSTALLATION/REMOVAL . Memorandum from Community Resources Director Mary Rooney dated August 21, 2001.

Action : To approve the staff recommendation to:

1. Approve the renewal of the City flag display program for Pacific Coast Highway and downtown for the 4th of July, Veteran's Day and Memorial Day;

2. Appropriate $5,516.85 from prospective expenditures to pay Gold Graphics ($4,826.85 of total expenditure to purchase new flags and hardware, and the remaining $690 for increased installation costs); and

3. Authorize staff to retain Gold Graphics to hang and remove flags three times per year at a cost of $1,430 per installation/removal. (Mayor Bowler absent)

(hh) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF AUGUST 8, 2001 .

Action : To receive and file the action minutes of the August 8, 2001 Public Works Commission meeting. (Mayor Bowler absent)

(ii) RECOMMENDATION TO APPROVE CONTRACT AMENDMENTS FOR SERVICES PROVIDED BY PLANNING CONSULTANT RESEARCH (PCR) SERVICES CORPORATION WHICH HANDLES THE BIJOU BUILDING PLAN REVIEW AND LAWRENCE & ASSOCIATES WHICH IS PROVIDING PLANNING SERVICES AS PART OF THE TYCOM CABLE PROJECT . Memorandum from City Manager Stephen Burrell dated August 22, 2001. Supplemental information received from the Community Development Department received August 28, 2001.

Action : To approve, as recommended by staff, contract amendments for services provided by: (1) Planning Consultant Research (PCR) Services Corporation, which handles the Bijou building plan review; and (2) Lawrence & Associates, which is providing planning services as part of the Tycom Cable Project. (Mayor Bowler absent)

3. CONSENT ORDINANCES - None

Hermosa Beach Boy Scouts, in attendance to earn their communication merit badges, came forward to introduce themselves, and were given City pins.

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

• Items (f), (k), (o), (r), (s), (t), (u), (v), (w) and (x) were heard at this time but are shown in order for clarity. Item (k) was heard last, after the arrival of Edison's representative.

• Public comments on items removed from the Consent Calendar are shown under the appropriate item.

The meeting recessed at 9:40 P.M.
The meeting reconvened at 9:55 P.M., with item 6.

5. PUBLIC HEARINGS

a. EXPENDITURE OF 10% OF LOS ANGELES COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE GENERAL ADMINISTRATION OF PROJECTS FUNDED THROUGH THE CDBG PROGRAM . Memorandum from Community Development Director Sol Blumenfeld dated August 22, 2001. (Continued from meeting of July 24, 2001)

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

The public hearing opened at 8:05 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:05 P.M.

Action : To approve by minute order the allocation and expenditure of $14,406 from the City's Community Development Block Grant (CDBG) allocated funds for Fiscal Year 2001-02 for the general administration of projects funded through the CDBG program, as recommended by staff.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler.

b. ADOPTION OF A RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089 . Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2001.

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

The public hearing opened at 8:10 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:10 P.M.

Action : To approve the staff recommendation to adopt Resolution No. 01-6162 , entitled " A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 ."
Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler.

c. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT 2001-2002 PROGRAM ALLOCATING $9,000 TO UTILITY UNDERGROUNDING PROJECT ASSISTANCE FOR LOW AND MODERATE INCOME HOUSEHOLDS . Memorandum from Community Development Director Sol Blumenfeld dated August 2, 2001.

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

The public hearing opened at 8:12 P.M. Coming forward to address the Council on this item was:

    Robert Bell - Hermosa Beach, questioned how the City determined who qualified for assistance.

The public hearing closed at 8:16 P.M.

Action : To approve by minute order the allocation and expenditure of $9,000 from the City's Community Development Block Grant (CDBG) unallocated funds to the utility undergrounding project for assistance to low and moderate income households, as recommended by staff.
Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler.

6. MUNICIPAL MATTERS

a. REQUEST FOR THREE-WAY STOP ON VALLEY DRIVE AT 11TH STREET . Memorandum from Public Works Director Harold Williams dated July 30, 2001.

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

Coming forward to address the Council on this item were:

    Richard Garland - Traffic Engineer, said he conducted a technical analysis of the request and concluded that a stop sign was not warranted at this intersection based on the standard Caltrans criteria for traffic and pedestrian volumes and accident statistics; and
    Mary Lou Weiss - Hermosa Beach, spoke in support of the three-way stop for safety reasons; also expressed concern about the high speed of traffic in that area, noting that a three-way stop would help slow the traffic.

Action : To adopt Resolution No. 01-6165 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF VALLEY DRIVE AND 11TH STREET AS A THREE-WAY STOP CONTROL INTERSECTION ."
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

Further Action : To reduce the speed limit on Valley Drive from 35 miles per hour to 25 miles per hour.
Motion Oakes, second Edgerton. The motion carried, noting the absence of Mayor Bowler.

b. APPROVAL OF " PICNIC IN THE OUTFIELD " AT CLARK STADIUM . Memorandum from Community Resources Director Mary Rooney dated August 7, 2001. Supplemental information from the Community Resources Department received August 28, 2001.

Community Resources Director Rooney presented the staff report and responded to Council questions.

Action : To approve the recommendation of staff and the Parks, Recreation and Community Resources Advisory Commission to:

1. Approve the request to hold the Community Picnic on September 22, 2001, at Clark Stadium between the hours of 11 A.M. - 4 P.M.; and

2. Appropriate funds from donations expense account to the "Picnic in the Outfield."

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

c. STATUS REPORT - SOLID WASTE COLLECTION PROPOSALS . Memorandum from City Manager Stephen Burrell dated August 23, 2001.

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

Action : To approve the staff recommendation to:

1. Receive and file the status report;

2. Direct the City Manager to provide a 30-day notice to Browning Ferris Industries Inc. (BFI) and authorize a letter of appreciation for the Mayor's signature for their service to the City; and

3. Direct the City Manager to return at the September 11, 2001 meeting with a completed franchise agreement with Consolidated Disposal Services, to be effective October 1, 2001.

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

d. PROJECT NO. CIP 95-622, CITY HALL REMODEL - ADA UPGRADES, AWARD CONSTRUCTION CONTRACT . Memorandum from Public Works Director Harold Williams dated August 13, 2001. Supplemental letter from James Lissner received August 27, 2001.

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

Proposed Action : To approve the staff recommended items 1, 2, 3, 5 and 6; to direct staff to provide information on funding sources for alternatives 1, 4 and 5 when the item is brought back at the next meeting, with appropriations to cover the costs; and to direct staff to have the electrical service for the building redesigned with the vault to be placed in the street rather than above-ground in the parking lot at the site across the street.
Motion Reviczky, second Edgerton. The motion was amended to approve staff recommended item 7 as well, and was then subsequently withdrawn.

Action : To approve the following staff recommended items (1-3 and 5-7):
    (1) Award the construction contract to Corona Constructors of Corona, California, based upon their lowest responsible base bid of $849,648;
    (2) Waive the irregularities in Corona Constructors' bid;
    (3) Reject the protest of the third lowest bidder, Allied Engineering & Construction, Inc.;
    (5) Remove the appropriation of $53,000 from CIP 95-622 Fund since the police station is no longer included in the scope of the project;
    (6) Authorize the Mayor to execute and the City Clerk to attest the construction contract, subject to approval by the City Attorney; and
    (7) Authorize the Director of Public Works to issue change orders within the approved budget, not to exceed $934,613;
     to appropriate $934,613 for the base bid, using existing funds appropriated in the 2001-02 budget for the project and a supplemental appropriation from the fund balance of the Capital Projects Fund to total the base bid amount; to direct staff to bring the item back at the next meeting for Council review of the five alternatives listed in the staff report (mechanical screen for roof; Council Chambers work including mechanical and electrical, sink and required plumbing in foyer, re-roof of building, lease of temporary modulars for use by staff during remodeling process) and funding sources; and to direct staff to report back at a future meeting on the location of the transformer to ensure it is not in the way of any future development across the street.
Motion Edgerton, second Oakes. The motion carried, noting the absence of Mayor Bowler.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD - JANICE WEBB OF CAL FED BANK, HERMOSA BEACH . Memorandum from City Manager Stephen Burrell dated August 14, 2001.

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

Action : To appoint Janice Webb of Cal Fed Bank as a representative of the City's business community to the South Bay Workforce Investment Board, as recommended by staff.
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

b. HR-2107 - "END GRIDLOCK AT OUR NATION'S CRITICAL AIRPORTS ACT OF 2001 . " Memorandum from City Manager Stephen Burrell dated August 14, 2001.

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

Action : To authorize a letter to Subcommittee Chair and Representative Jane Harmon against the proposed federal legislation to take away from localities all jurisdiction with regard to airports, as the elimination of local control could significantly impact the City if approved.
Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler.

c. SPECIAL MEETING FOR PIER FINAL DESIGN FOR THURSDAY, SEPTEMBER 20, 2001 AT 7:00 P.M . Memorandum from City Manager Stephen Burrell dated August 22, 2001.

City Manager Stephen Burrell responded to Council questions.

Action : It was the consensus of the Council to schedule a special meeting for 7:10 P.M. Monday, September 24, 2001, for the review and approval of Phase III Pier Improvements. (Mayor Bowler absent)

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

9. OTHER MATTERS - CITY COUNCIL

a. Request of Mayor Pro Tem Dunbabin for discussion of New Years Eve celebration .

Mayor Pro Tem Dunbabin spoke to her request.

Action : To agendize the item and direct staff to prepare a report on the program and funding, including the costs from the last event.
Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler.

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

1. MINUTES :

(a) Approval of minutes of Closed Session meeting held on July 24, 2001 ; and
(b) Approval of minutes of Closed Session meeting held on July 31, 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

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 28, 2001, at the hour of 11:15 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:20 P.M. At the hour of 11:55 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, August 28, 2001, at the hour of 11:56 P.M. to the Regular Meeting on Tuesday, September 11, 2001, at the hour of 7:10 P.M.

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