MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 8, 1997, at the hour of 7:12 P.M.

PLEDGE OF ALLEGIANCE - Dallas Yost

ROLL CALL:

Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: None

MAYOR'S COMMENTS/ANNOUNCEMENTS:

Mayor Reviczky announced that the downtown parking structure had been approved earlier today by the Coastal Commission.

PROCLAMATIONS:

• Public Health Week April 7 - 13, 1997

Mayor Reviczky proclaimed April 7 through April 13, 1997 as Public Health Week in Hermosa Beach.

• National Library Week April 13 - 19, 1997

Mayor Reviczky proclaimed April 13 through April 19, 1997 as National Library Week in Hermosa Beach.

• Medal of Valor Week April 14 - 18, 1997

Mayor Reviczky proclaimed April 14 through April 18, 1997 as Medal of Valor Week in Hermosa Beach, noting that the annual luncheon honoring police officers and firefighters for their heroic deeds will take place Thursday, April 17, 1997.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Jim Lissner - Hermosa Beach, expressed his desire to get in contact with a speaker identified as Doss at the March 4, 1997 Planning Commission meeting; said the meeting videos should be available for public review at any time; and

Mike Harrigan - Film Festival Committee, presented festival tee-shirts and pins to the Council members; said the festival begins Thursday, April 24, on the beach north of the Pier, with a brief presentation at 7:45 P.M. followed by the free opening-night movie "Pie in the Sky" at about 8:00 P.M., adding that the audience may wish to bring beach chairs or towels for that event; said the Friday, Saturday and Sunday screenings will take place at the City's Civic Theatre, made possible by the donation by Hawthorne Savings of a 35 mm projector to the Community Center, noting that tickets may be purchased at the theatre box office starting April 23, 1997.

(b) COUNCIL COMMENTS : - None

(c) WRITTEN COMMUNICATION:

1. Letter from Howard Longacre dated April 2, 1997 regarding a lack of response by city staff to a previous agendized letter dated February 19, 1997 as directed to be accomplished by the City Council at their meeting of February 25, 1997, and other matters regarding the proposed parking structure.

Action: To receive and file the letter.

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

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz and (g) Benz.

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

No one came forward to address the Council on items not removed from the consent calendar.

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on March 25, 1997.

Action: To approve the minutes of the Regular Meeting of March 25, 1997 as presented.

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9831 THROUGH 9923, NOTING VOIDED CHECK NO. 9913, AND, TO APPROVE CANCELLATION OF CHECK NUMBERS 9715 AND 9800 AS RECOMMENDED BY THE CITY TREASURER.

Action: To ratify the check register as presented.

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

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

(d) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TWO-YEAR EXTENSION OF THE SERVICES AGREEMENT WITH HAZELRIGG RISK MANAGEMENT SERVICES, INC. FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 24, 1997.

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

Personnel Director/Risk Manager Blackwood presented the staff report and responded to Council questions.

Action: To direct staff to go out to bid for workers' compensation claims administration services.

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

(e) RECOMMENDATION TO DENY APPLICATION TO PRESENT A LATE CLAIM FILED BY CONSTANCE ANN RICOTTA. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 26, 1997.

Action: To deny the Application to Present a Late Claim filed by Constance Ann Ricotta, as recommended by staff.

(f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 19, 1997.

Action: To receive and file the Action Minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 19, 1997, as recommended by staff.

(g) RECOMMENDATION TO RECEIVE AND FILE REPORT ON PROCEDURES USED BY THE POLICE DEPARTMENT CONCERNING DUI ARREST. Memorandum from City Manager Stephen Burrell dated April 2, 1997.

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

Action: To receive and file the report on procedures used by the Police Department concerning DUI arrests, as recommended by staff.

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

(h) RECOMMENDATION TO APPROVE PROPOSED FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) TO CREATE A NEW ELECTED OFFICE OF VICE-CHAIR FINANCE. Memorandum from City Manager Stephen Burrell dated April 3, 1997.

Action: To adopt Resolution No. 97-5850 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF THE OFFICE OF VICE-CHAIR (FINANCE) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND TO ATTEST THE AMENDMENT," as recommended by staff.

At 7:30 P.M. the order of the agenda was suspended to go to public hearing item #4.

2. CONSENT ORDINANCES:

(a) ORDINANCE NO. 97-1170- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION ." For waiver of full reading and adoption. Memorandum from City Clerk Elaine Doerfling dated April 2, 1997.

Action: To waive full reading and adopt Ordinance No. 97-1170.

Motion Bowler, second Edgerton.

AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

NOES: None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(d) and (g) 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. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997.

Community Development Director Blumenfeld requested that the item be continued to the next regularly scheduled City Council meeting to provide time for applicant to respond to City consultant report on proposed drainage plans for project.

The public hearing opened at 7:31 P.M. As no one came forward to speak, the public hearing closed at 7:31 P.M.

Action: To continue this item to the Regular Meeting of April 22, 1997, in order to provide time for the applicant to respond to the City Consultant's report on proposed drainage plans for the project, as requested by staff.

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

At 7:32 P.M., the order of the agenda was returned to item #2.

MUNICIPAL MATTERS:

5. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE BEER AND WINE LICENSE. (Continued from meeting of March 25, 1997) Memorandum from City Manager Stephen Burrell dated March 19, 1997. Supplemental letter and list of voluntary conditions from Unocal dated April 4, 1997, which had been submitted directly to the Council.

City Manager Burrell presented the staff report, announced the receipt of a supplemental letter from the applicant listing voluntary conditions, and responded to Council questions.

City Attorney Jenkins also responded to Council questions, noting that there was no guarantee that the Department of Alcoholic Beverage Control (ABC) would include the applicant's voluntary conditions even if the City requests them.

Public participation opened at 7:40 P.M.

Coming forward to address the Council on this item were:

Maree Elena Arenas - representing Unocal, spoke to the site location and safety issues; addressed the applicant's list of voluntary conditions on the parameters of operation of the project; responded to Council questions;

Scott Piatta - Unocal project manager, responded to Council questions, saying the International House of Pancakes (IHOP) lease expires soon and the building would be torn down for the project;

Patricia Spiritus - 1610 Strand, said the project is an upgrade that will provide services and improve the corner of Pier Avenue and Pacific Coast Highway, which is the gateway to the downtown;

Jim Lissner - Hermosa Beach, said no amount of conditions would make the sale of beer and wine a public convenience or a necessity; and

John Burt - Hermosa Beach, said he and his family had frequented IHOP over the years and objected to tearing down the restaurant.

Public participation closed at 7:50 P.M.

Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions.

Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes.

At 12:18 A.M., the Council resumed consideration of this item, after allowing the opportunity for public review of the supplemental letter and list of conditions submitted by the applicant.

Public participation opened at 12:19 A.M. Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, said he examined the supplemental letter of April 4, 1997 and the applicant's voluntary list of conditions, saying they were standard conditions that the ABC generally applies; said the conditions did not make the sale of beer and wine more convenient or necessary.

Public participation closed at 12:21 A.M.

Final Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions (same motion as above).

Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes.

At 12:22 A.M., the order of the agenda returned to Citizen Comments.

6. YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE . Memorandum from Community Resources Director Mary Rooney dated March 26, 1997.

Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the Triton site had not been offered or agreed to by the City of Redondo Beach.

Public participation opened at 8:03 P.M. Coming forward to address the Council on this item were:

Robert Aronoff - Parks, Recreation and Community Resources Commissioner, said finding a suitable location rather than the liability issue has been the difficult factor; cited a huge demand in the South Bay for a skateboard track; urged the Council to offer to Redondo Beach its support and willingness to do whatever is necessary to get the project done;

Ed Perry - Brewski's, spoke in favor of a skateboard park; and

Pete Tucker - 235 - 34th Street, said the youth came to the Hermosa Beach City Council requesting a skateboard track and should not have to go to another city; said there are plenty of parks and the track should be kept in town.

Public participation closed at 8:22 P.M.

Action: To conceptually approve a joint City project with Redondo Beach to construct a skateboard track at the Triton Oil Site in Redondo Beach, as recommended by the Parks, Recreation and Community Resources Commission, and agree to entertain future joint efforts as appropriate.

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

Final Action: To form a Council subcommittee and appoint Councilmembers Benz and Oakes as its members to work with members of the Parks, Recreation and Community Resources Commission on pursuing a smaller skateboard track at one of the City's parks.

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

The meeting recessed at 8:35 P.M.

The meeting reconvened at 9:00 P.M.

Mayor Reviczky announced that since the supplemental letter submitted by Unocal directly to the Council had not been given to the City Clerk prior to the meeting for the normal distribution, a copy had not been included in the public agenda packet for review and comment. He said the letter was made available to the public during the recess and has been placed in the public packet for review and that item #5 would be taken up again at the end of the meeting to allow for public comments related to the supplemental letter and for final Council action on the item following public comments.

7. VENDOR BOOTHS IN FRONT OF STORE FRONTS: CITY EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 27, 1997.

Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.

Public participation opened at 9:15 P.M. Coming forward to address the Council on this item were:

Patricia Spiritus - owner of business at 58 - 11th Street, expressed concerns about having vendor booths in front of her business, or in front of other businesses where the owners object, during the Fiesta de las Artes and St. Patrick's Day Parade events; and

John Burt - Hermosa Beach, concurred with the previous speaker; also said the Chamber should give more of the Fiesta proceeds to the City;

Shane McColgan - Shark's Cove and Club Sushi, spoke in favor of the events, but said there is a need for better communications with the Chamber and Conti Productions; suggested eliminating the food court from a parking lot, noting it was unnecessary due to the number of restaurants downtown, and instead using the parking lot for the arts and crafts vendors, thereby allowing the spaces in front of the downtown store fronts to be kept open;

Gary Wayland - business owner, said sometimes business owners are unable to see the larger picture and do not look at the greater benefit to the community as a whole; cited the recent installation of the left-turn signal at the Prospect/Aviation intersection--a project which caused an inconvenience to his business, particularly because of the timing, but which he recognized as a greater benefit to the community;

Rick Hankus - Java Man and Ocean Diner, said the Fiesta has taken place for the last 22 years; spoke of the community benefits from the event, noting that the Hermosa Beach Chamber of Commerce is able to pay the City a portion of the proceeds from the Fiesta, noting that the reverse is true in many other cities, with the cities providing money to help support their chambers of commerce;

Dallas Yost - Pacific Screenprint, said during the Fiesta everyone walks in the street, not on the sidewalks; suggested keeping vendors 30 feet away from business store fronts and locating the vendors in the center of the street, leaving the space in front of the downtown businesses open;

Ed Perry - Brewski's, agreed with the previous speaker; said the business owners should decide what goes in front of their businesses;

Carol Duff - Chamber of Commerce executive director, said she hoped that any concerns about the Fiesta would be directed to the Chamber, noting that she would be happy to meet with business owners; spoke in rebuttal to the comments of previous speakers, saying that the food court is a major attraction, and invited local restaurants to participate in the food court; pointed out that 14 local non-profit groups operate their booths at no charge; said the Chamber was fortunate in being able to provide its own financing; responded to Council questions;

Missy Sheldon - Hermosa Beach resident and business owner, expressed concern over what she considered to be Chamber bashing; said the Chamber was responsive to business concerns; objected to the City's attempt to micro-manage the Fiesta, noting it was a Southern California event visited and enjoyed by people from all over, and requested that the City not destroy the event by picking it apart; and

Bill Robb - Quality Thrift, suggested extending the Fiesta booths further up Pier Avenue.

Public participation closed at 10:05 P.M.

Proposed Action: To approve the staff-recommended policy to be used for events that include vendor booths located in commercial areas with the following change: strike the first sentence up to the word "vendor" and replace it with "Approval of local merchants must be given before a vendor booth space in front of the merchant's store is rented out."

Motion Benz. The motion died for lack of a second.

Proposed Action: To not permit a booth to be placed in front of a business if the merchant, even though not a Chamber of Commerce member, does not want a booth there.

Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky.

Proposed Action: To have the City Attorney respond to a question of coercion regarding public property.

Motion Benz. The motion died for lack of a second.

Action: To direct staff to report back with an explanation of how the encroachment permits will be handled on lower Pier Avenue.

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

8. DISASTER RELIEF WORKER PROGRAM. Memorandum from Fire Chief Pete Bonano dated March 18, 1997.

Fire Chief Bonano presented the staff report and responded to Council questions.

Public participation opened at 10:32 P.M. No one came forward to address the Council on this item.

Action: To approve the staff recommendation to approve the implementation, beginning fiscal year 1997-98, of the Disaster Relief Worker Program as shown below:

• approve an initial force of 30 Disaster Relief Workers (DRW) which keeps a manageable span of control for supervision and training. Applicants for the program will be required to be at least 18 years old and residents of Hermosa Beach. All applicants may also be required to submit to a background investigation and provide a physician's release to perform strenuous labor and heavy lifting;
• require each DRW to provide their own steel toed boots. The City will provide all other safety gear required for the program, i.e. helmets and gloves;
• require DRWs to attend three hours of training per month covering subjects such as operation of firefighting hose lines, loading and unloading of fire hose from fire apparatus, filling and placement of sandbags for flood control, CPR/first aid training, disaster preparedness at home and work, and lifting and moving of heavy objects using tools and leverage;
• in addition to the above duties, the future goal of this program is to have DRWs trained throughout the City surveying their neighborhoods for property damage and injuries after a disaster. After this survey the DRW would then report the status of their neighborhood to the City's Emergency Operation Center (EOC), while providing basic first aid to injured neighbors; and,
• DRWs will be registered through the Office of Emergency Services as Disaster Workers. Registration with OES enables workers to be covered through the State for Workers Compensation Insurance.

with direction to staff to look into the steel-toed boot requirement.

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

The meeting recessed at 10:35 P.M.

The meeting reconvened at 10:47 P.M.

9. REQUEST FOR IN-LIEU PARKING INCENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld.

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

Public participation opened at 10:50 P.M. No one came forward to address the Council on this item.

Action: To provide in-lieu parking incentive funds to pay for the required five parking spaces for a new restaurant (The Mix) at 117 Pier Avenue, as recommended by the Downtown Business Area Enhancement District Commission.

Motion Benz, second Bowler. The motion carried, noting the dissenting vote by Mayor Reviczky.

10. IN-LIEU PARKING FEES. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997.

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

Public participation opened at 11:20 P.M. No one came forward to address the council on this item.

Action: To approve the staff recommendation to:

• Amend guidelines to provide for initial City Council request and approval to streamline process and shorten timeframe for consideration;
• Codify guidelines into Zoning Ordinance;
• Make the in-lieu fee commensurate with the actual cost of constructing parking;
• Provide a monthly lease option for in-lieu parking spaces to reduce business start-up costs for projects less than 10,000 square feet;
• Amend Coastal LUP downtown parking requirements to 65 percent of required parking standards to minimize use of in-lieu fees;
• Program remaining set-aside funds for outdoor dining uses along Pier Avenue as originally proposed under the program; and
• Direct staff to prepare implementation measures pursuant to above.

Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz.

11. APPEAL OF DENIAL OF ENCROACHMENT PERMIT - HERMOSA INN HOTEL, 1300 STRAND. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997.

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

Public participation opened at 11:50 P.M. No one came forward to address the Council on this item.

Action: To grant an encroachment permit, as recommended by staff, approving the air space encroachment of a bridge connecting the phase one and phase two portions of the hotel project across Beach Drive and a portion of two building-facade trellises, both of which deviate from the established criteria for encroachments and may therefore be granted only by the City Council.

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

At 11:52 P.M. the order of the agenda was suspended to go to item #14.

12. AWARD OF CONTRACT FOR PARKING STRUCTURE DESIGN AND ENGINEERING SERVICES. Memorandum from Public Works Director Amy Amirani dated April 2, 1997.

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

Public participation opened at 12:13 A.M. No one came forward to address the Council on this item.

Action: To approve the staff recommendation to:

• 1. Authorize the City Manager to execute a contract with Gordon H. Chong & Partners of San Francisco, to provide Architectural Design And Engineering for the parking structure at Parking Lot C in the amount of $380,000 once an agreement with the County for Prop A funds is signed;
• 2. Advance $395,200 from the Sewer Fund to Prop A Open space Fund;
• 3. Appropriate $395,200 from Prop A Open Space Fund to Capital Improvement Program #624; and,
• 4. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $395,200;

with direction to staff to return with a feasibility study on the restroom.Motion Edgerton, second Oakes. The motion carried by a unanimous vote.
13. RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997-98. Memorandum from Public Works Director Amy Amirani dated April 3, 1997.
Public Works Director Amirani presented the staff report and responded to Council questions.
Public participation opened at 12:15 A.M. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach requested information from the City Attorney concerning this item (City Attorney Jenkins responded).
Public participation closed at 12:16 A.M.

Action: To adopt Resolution No. 97-5851, entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1 OF THE, PART 2 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICE OF LANDSCAPING, STREET LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998 . " , which orders the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 1997 - 1998, and which no longer funds the costs of maintaining and operating park and recreational improvements or landscaping which is not located within parkways or medians, as recommended by staff.

Motion Oakes, second Bowler. The motion carried, noting the dissenting vote by Benz.

14. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Amy Amirani dated April 2, 1997.

(This item was heard at 11:52 P.M., prior to item #12.)

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

Public participation opened at 12:02 A.M. Coming forward to address the Council on this item was:

Robert Rice - attorney representing the contractor, said Unispec agreed with the revised phasing schedule but did not agree to waive all claims.

Public participation closed at 12:04 P.M.

Action: To withdraw the item from tonight's agenda, as recommended by the City Attorney

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

(At 12:08 A.M. the order of the agenda was returned to item #12.)

15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. RECOMMENDATION TO SET NEW DATE OF TUESDAY, JUNE 3, 1997 FOR REVIEW OF THE 1997-98 BUDGET. Memorandum from City Manager Stephen Burrell dated March 27, 1997.

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

Action: To set the new date of Tuesday, June 3, 1997, for review of the 1997-98 budget, as recommended by staff.

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

b. LOCAL GOVERNMENT FINANCE. Memorandum from City Manager Stephen Burrell dated April 2, 1997.

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

Action: To support the package of local government finance as recommended by the Executive Committee of the League of California Cities and to authorize that the Mayor and/or City Manager express the City Council support as necessary during the legislative process, as recommended by staff.

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

16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

17. OTHER MATTERS - CITY COUNCIL - None

At 12:18 A.M., the order of the agenda was suspended to go back to item #5 in order to allow for public comment on the supplemental letter submitted this evening and final Council action. At 12:25 A.M., the order of the agenda returned to Citizen Comments.

CITIZEN COMMENTS

Coming forward to address the Council at this time were:

John Burt - Hermosa Beach, commented on the downtown streetscape project and the downtown parking structure; and

Bill Robb - Quality Thrift, Pier Avenue, said a yes vote on item #14, the proposed change in construction phasing for the Lower Pier Avenue Streetscape project, would have given Pier Avenue business owners front access to their businesses sooner.

The Council agreed to meet Monday, April 14, 1997 at 6:00 P.M. for further discussion of the Lower Pier Avenue Streetscape Project - Proposed Change in Construction Phasing item.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 9, 1997 at the hour of 12:28 A.M. to an Adjourned Regular Meeting of Monday, April 14, 1997 at the hour of 6:00 P.M.