MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 11, 2001, at the hour of 7:18 P.M.

PLEDGE OF ALLEGIANCE - Community Resources Director Mary Rooney

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

ANNOUNCEMENTS - Mayor Bowler spoke of the terrorist attacks in America this morning, noting that the City Council was proceeding with tonight's meeting with a heavy heart. He conveyed deepest sympathy to the families of all of the victims and then called for a moment of silence in memory of the many lives lost today. Council members Edgerton, Dunbabin and Oakes also voiced their feelings.

CLOSED SESSION REPORT FOR MEETING OF AUGUST 28, 2001 : No reportable actions.

PUBLIC PARTICIPATION :

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

    Albert Roman - Hermosa Beach, said he spent a year in China a couple years ago and since last December had been practicing Chigong, a mind/body holistic healing system that he learned in China and wanted to share with the community; invited anyone who may be interested to join him at 9 A.M. every Saturday at 14th Street and the Strand;
    Jennifer Alvarado - Hermosa Beach Education Foundation, said the Foundation had been a beneficiary of the banner program, with $22,500 brought in for the schools during the past year; thanked and presented awards of appreciation to Roger Bacon for his vision and Jeff Swarthy of Peyton Cramer Ford for his support;
    Roger Bacon - presented the last check for $7,500 to the Education Foundation from this year's banner program; thanked the Foundation for the award and the City for the program, noting it had raised a total of $82,500 and funded the Vetter Windmill project as well; said he was proud to be involved with it;
    Joanne Edgerton - Hermosa Beach Education Foundation, spoke of an upcoming Foundation fundraiser; said resident Bob Larson had an annual block party, which would take place this year on Saturday, September 15, from noon to 5 p.m. on Hollowell Avenue between Sixth Street and Seventh Place, with all proceeds going to the Foundation; said the event would feature live music, with Lily's Siren and the local youth band Sabotage; said there would be no admission charge, but donations would be accepted and there would be a raffle; said the proceeds would be earmarked for school music programs;
    Pete Tucker - Hermosa Beach, spoke of the large blood drive taking place to aid those injured in this morning's acts of terrorism; suggested that the Council adjourn tonight's meeting in memory of all the civilians, police officers and firefighters who died today (Mayor Bowler said the Council planned to do that); and
    Jane Stuart - Community Center Foundation president, expressed concern about the repainting of the Community Center building; referred to her letter submitted this evening to Council and its attachment from Mitzi March Mogul of the Art Deco Society of Los Angeles, a nonprofit organization; requested that members of the Foundation, the Historical Society, and the Art Deco Society form a committee to develop a color scheme more appropriate for the historical integrity of the building.

• It was the consensus of the City Council that the committee suggested by Ms. Stuart (to be comprised of members of the Community Center Foundation, the Historical Society and the Art Deco Society) develop and submit recommendations to Council subcommittee members Dunbabin and Oakes within two weeks, with direction to staff to agendize the Community Center building project in its entirety for Council review at the October 9 meeting).

1. WRITTEN COMMUNICATIONS - None

2. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (f), with the exception of the following item which was removed for discussion in item 4, but is shown in order for clarity: (e) Dunbabin.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

(a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 28, 2001 .

Action : To approve as presented the minutes of the Regular Meeting of the City Council held on August 28, 2001.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 26307 THROUGH 26450 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 26339 AND 26420 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 ADOPT RESOLUTION AMENDING THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) ADDING THE CITY OF PALM SPRINGS TO THE ICRMA POOL . Memorandum from Personnel Director/Risk Manager Michael Earl dated September 5, 2001.

Action : To approve the staff recommendation to adopt Resolution No. 01-6166 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT ADMITTING TO MEMBERSHIP THE CITY OF PALM SPRINGS ."

(e) RECOMMENDATION TO ADOPT RESOLUTION SETTING AND CONFIRMING THE POSTED SPEED LIMIT OF 25 MILES PER HOUR ON VALLEY DRIVE BETWEEN PIER AVENUE AND SECOND STREET . Memorandum from Public Works Director Harold Williams dated September 4, 2001. Supplemental letter from James Lissner dated September 10, 2001.

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

City Manager Burrell responded to Council questions.

Action : To approve the staff recommendation to adopt Resolution No. 01-6167 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING AND CONFIRMING THE POSTED SPEED LIMIT OF 25 MPH ON VALLEY DRIVE BETWEEN PIER AVENUE AND SECOND STREET ."
Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

(f) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR PROJECT NO. CIP 01-168, MANHATTAN AVENUE STREET IMPROVEMENTS , TO DAMON CONSTRUCTION CO. OF CARSON, CALIFORNIA, IN THE AMOUNT OF $456,600; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $50,000 . Memorandum from Public Works Director Harold Williams dated September 4, 2001.

Action : To approve the staff recommendation to:

1. Award the construction contract for Project No. CIP 01-168 Manhattan Avenue Street Improvements to Damon Construction Co. of Carson, California, in the amount of $456,600;

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

3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $50,000.

3. CONSENT ORDINANCES - None

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

• Item 1(e) was heard at this time but is shown in order for clarity.

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

5. PUBLIC HEARINGS - None

6. MUNICIPAL MATTERS

a. PROPOSAL FOR PARKING LOT LEASE AGREEMENT WITH BEST GAS COMPANY . Memorandum from Community Development Director Sol Blumenfeld dated September 5, 2001.

Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Action : To direct staff to negotiate and report back on the best deal possible for a parking lot lease agreement between the City and Best Gas Company, with consideration given to comments made by Councilmembers this evening concerning the possible use of meters and the rental of the lot by the City to the church, the Alano Club if needed, and the theater, as well as providing public parking, and making note of the fact that the parking lot has not been open to the public.
Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

b. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS FINAL COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE LAX PROPOSED MASTER PLAN IMPROVEMENTS . Memorandum from City Manager Stephen Burrell dated September 6, 2001.

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

Action : To receive the final comments from the South Bay Cities Council of Governments (SBCCOG) on the draft environmental impact report (EIR) for the Los Angeles International Airport (LAX) proposed Master Plan Improvements and to direct staff to forward a letter to the City of Los Angeles incorporating the comments.
Motion Dunbabin, second Reviczky. The motion carried by a unanimous vote.

c. ENCROACHMENT PERMIT FOR 27TH STREET AND OZONE COURT - JAY MITCHELL . Memorandum from City Manager Stephen Burrell dated September 6, 2001.

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

Action : To approve the amended minutes of the meeting of June 12, 2001, which were checked against the audio tape and amended on page 10565 to be more accurate than the minutes approved on July 10, 2001.
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.

The meeting recessed at 8:10 P.M.
The meeting reconvened at 8:28 P.M.

d. AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES . Memorandum from City Manager Stephen Burrell dated September 6, 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 was:

    Mark Bozajian - Republic Services, Inc. regional director, spoke of the firm's experience, customer services, public outreach programs, commitment to recycling and to giving back to the communities served; thanked BFI for its cooperation in helping to facilitate a smooth transition and said he looked forward to servicing the community; responded to Council questions; and
    Pete Tucker - Hermosa Beach, hoped for better ideas for closed bins in the downtown area; suggested waiving restrictions regarding extra trash to allow for more frequent cleaning of garages.

Action : To approve the staff recommendation to approve and authorize execution of the agreement, with the corrections noted this evening, to provide solid waste and recyclable collection, processing and disposal services with Consolidated Disposal Services (a subsidiary of Republic Services, Inc.), effective October 1, 2001 through September 30, 2008, with Section 4.1 of the agreement modified to continue with the existing collection system at this time and have the Council conduct a public hearing in January or February 2002 to determine other issues, including the possible change from a manual pick-up system with trash barrels to a semi-automated pick-up system with the use of 35-, 65- or 95-gallon solid waste carts which would be provided by the company for use on July 1, 2002, and with 35- or 65-gallon recycle containers to be provided by the company on April 1, 2002, and with consideration given to providing smaller recycle bins in special cases where properties are restricted by size.
Motion Edgerton, second Dunbabin. The motion carried by a unanimous vote.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGE R - None

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

Councilmember Oakes asked the City to lodge a complaint against the United Independent Taxi driver who drove around her vehicle, using the on-coming traffic lane, while she was driving during the afternoon on Valley Drive in front of Clark Stadium.

Councilmember Dunbabin announced (1) the Picnic in the Outfield Saturday, September 22, from 11 a.m. to 4 p.m. at Clark Stadium; (2) the Economic Development meeting date change from September 19 to October 10; and (3) the availability of beach wheelchairs at the Pier Lifeguard Station.

9. OTHER MATTERS - CITY COUNCIL

a. Request from Mayor Bowler to direct staff to look into the feasibility of installing a floating dock system on the Pier .

Mayor Bowler spoke to his request.

Action : To direct staff to investigate the possibility, including cost, of installing a floating dock system on the Pier, and to bring the matter back for Council review and discussion at the meeting of September 24, along with the issue of what should be done with the end of the Pier.
Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote.

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

1. MINUTES: Approval of minutes of Closed Session meeting held on August 28, 2001 .

2. CONFERENCE WITH LEGAL COUNSEL   --  The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Existing Litigation : Government Code Section 54956.9(a)

1. Name of Case : Macpherson v. City of Hermosa Beach - 

•     Case Number : BC172546

2. Name of Case : Cal Compact Landfill Litigation

• Shell Chemical Co. v. County of Los Angeles, et al

• Case Number : USDC Case #CV-00-01917 MRP (MANx)

• Phillips Petroleum Co. v. County of L.A., et al

• Case Number : USDC Case #CV-00-1938 MRP (MANx)

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 11, 2001, at the hour of 10:02 P.M. to a closed session, in memory of all the people who tragically lost their lives today, remembering also those whose lives were lost while trying to save the lives of others, with condolences to all of their families.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:20 P.M. At the hour of 11:25 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, September 11, 2001, at the hour of 11:26 P.M. to an Adjourned Regular Meeting on Tuesday, September 24, 2001, at the hour of 7:10 P.M., for the review and approval of the Phase III Pier Improvements.

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