City Council Minutes June 11, 2002 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 11, 2002, at the hour of 7:13 P.M.

PLEDGE OF ALLEGIANCE - Boy Scout Troop 860 member

ROLL CALL:
Present: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin
Absent: None

ANNOUNCEMENTS - Mayor Dunbabin reminded residents of the City's leash law and said pet owners would be cited for walking their dogs off leash, noting that dogs were never permitted on the beach. She confirmed that all of the beach volleyball posts were public. She then announced a reception honoring Thelma Greenwald on Friday, June 14, from 5 to 8 P.M., at Einstein's Restaurant at $50 per person, with $25 going toward membership to the Hermosa Arts Foundation, noting that this would be the kick-off event for the June 16 Arts Foundation telethon, which would be televised on Channel 10 from 3 to 9 P.M.

Councilmember Edgerton commented on the success of the Beach Bash, noting it was the right size this time and calling it the best one so far. He said the Hermosa Beach Open men's finals and women's finals were exceptional. Councilmember Yoon added that more than 40 Hermosa Beach children participated at the event.

CLOSED SESSION REPORT FOR MEETING OF MAY 28, 2002: No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications. Coming forward to address the Council at this time were:

    Pete Tucker
    - Hermosa Beach, spoke of the Beach Cities Health District proposal to buy the Sunrise assisted living facility and questioned how they could afford to buy land after claiming a lack of funds; suggested hiring a Public Works staff member to handle capital improvement projects and spoke of the need for extra City firefighters; said there should be a master plan for the future remodeling of the Fire Station, noting that the Police Department needed a larger facility (Councilmember Reviczky said a Police and Fire master plan study was underway);
    Albert Roman
    - said he was a practitioner of Falun Gong, a Chinese exercise and meditation practice, and invited everyone to join him to learn about it on Saturday mornings near the Hermosa Beach Pier;
    Daniel Marinelli
    - Hermosa Beach, said he spoke in support of the Beach Bash at the previous meeting and commented on the success of this year's event, thanking the City Council and Community Resources Director Mary Rooney; and
    Jim Lissner
    - Hermosa Beach, said the School Board meeting would be shown live on Channel 8; displayed empty liquor bottles he collected Saturday night; commented on the Beach Bash event.
  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (d) Reviczky, (f) Yoon, (i) Mayor Dunbabin, (k) Edgerton, and (m) Mayor Dunbabin.
    Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    At 7:37 P.M. the order of the agenda was suspended to move to the public hearings, starting with item 5.e.

    1. Recommendation to approve minutes of the regular meeting of the City Council held on May 14, 2002 .

      Action: To approve the minutes of the regular meeting of the City Council held on May 14, 2002.

    2. Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer.

      Action: To ratify check register, as presented.

    3. Recommendation to receive and file Tentative Future Agenda Items (PDF file) .

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

    4. Recommendation to accept donations of $8,000.00 from Chevron Texaco to be used for Surf Camp materials and $1,000.00 from Sea Sprite Motel & Apartments to be used for the purchase of a thermal imaging device for the Fire Department. Memorandum from Finance Director Viki Copeland dated May 30, 2002 (PDF file) .

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

      Action: To approve the staff recommendation to accept donations of $8,000 from Chevron Texaco to be used for Surf Camp materials and $1,000 from Sea Sprite Motel & Apartments to be used for the purchase of a thermal imaging device for the Fire Department.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

    5. Recommendation to approve Professional Services Agreement with Gerson/Overstreet CMTS for $15,002.90 for Project No. CIP 02-626 - Community Center Theater ADA Upgrades; authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and, authorize the Director of Public Works to make changes to the contract amount not to exceed $1,600.00. Memorandum from Public Works Director Harold Williams dated May 30, 2002 (PDF file) .

      Action: To approve the staff recommendation to:

      1. Approve Professional Services Agreement with Gerson/Overstreet CMTS for $15,002.90 for Project No. CIP 02-626 - Community Center Theater ADA Upgrades;
      2. Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and
      3. Authorize the Director of Public Works to make changes to the contract amount not to exceed $1,600.
    6. Recommendation to award a Professional Services Agreement with Katz, Okitsu & Associates for Traffic Engineering Services and Transportation Planning Services for a not-to-exceed fee of $18,000; authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and, authorize staff to negotiate an agreement with Katz, Okitsu & Associates for services in FY 2003-04. Memorandum from Public Works Director Harold Williams dated May 30, 2002 (PDF file) .

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

      City Manager Burrell responded to Council questions.

      Action: To not accept the proposed professional service agreement. Motion Yoon, second Edgerton. The motion carried, noting the dissenting votes of Keegan and Reviczky.

    7. Recommendation to adopt resolution approving the application for grant funds from the Los Angeles County Regional Park and Open Space District Specified Project Grant Program for the Pier Renovation - Phase III. Memorandum from Public Works Director Harold Williams dated June 3, 2002 (PDF file) .

      Action: To approve the staff recommendation to adopt Resolution No. 02-6198 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR RESIDUAL GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE PIER RENOVATION - PHASE III."

    8. Recommendation to adopt resolution approving the application for additional access revenue from the Los Angeles County Regional Park and Open Space District for the Valley Park Improvement Project. Memorandum from Public Works Director Harold Williams dated May 30, 2002 (PDF file) .

      Action: To approve the staff recommendation to adopt Resolution No. 02-6199 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR ADDITIONAL ACCESS REVENUE FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE VALLEY PARK IMPROVEMENT PROJECT."

    9. Recommendation to receive and file report on encroachment fee waiver request for 1543 Golden Avenue. Memorandum from Public Works Director Harold Williams dated June 3, 2002 (PDF file) .

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

      Action: To continue the item to July 9, 2002, as requested by the applicant. Motion Mayor Dunbabin, second Reviczky. The motion carried by a unanimous vote.

    10. Recommendation to adopt resolution approving Final Map #25678 for a 2-unit condominium project at 1136-1140 Monterey Boulevard. Memorandum from Community Development Director Sol Blumenfeld dated June 3, 2002 (PDF file) .

      Action: To approve the staff recommendation to adopt Resolution No. 02-6200 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25678 FOR A TWO-UNIT CONDOMINIUM CONVERSION PROJECT LOCATED AT 1136 AND 1140 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA."

    11. Recommendation to adopt resolution denying an amendment to the existing Conditional Use Permit for beer and wine, and entertainment to allow on-sale general alcohol at 142 Pacific Coast Highway, The Pitcher House. Memorandum from Community Development Director Sol Blumenfeld dated June 11, 2002 (PDF file) .

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

      City Attorney Jenkins responded to Council questions.

      Action: To re-notice and reopen the public hearing at the July 9, 2002 meeting, at the applicant's expense, based on supplemental information submitted directly to the Council by the applicant indicating his compliance with all conditions subsequent to the May 28, 2002 meeting.
      Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Keegan.

    12. Recommendation to accept the work by Nobest Inc. for Project No. CIP 00-171 Ardmore Avenue Street Improvements - Various Locations; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Nobest Inc. (10% retained for 35 days following filing of Notice of Completion. Memorandum from Public Works Director Harold Williams dated June 4, 2002 (PDF file) .

      Action: To approve the staff recommendation to:

      1. Accept the work by Nobest Inc. for Project No. CIP 00-171 Ardmore Avenue Street Improvements - Various Locations;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize Staff to release payment to Nobest Inc. (10% retained for 35 days following filing of Notice of Completion).
    13. Recommendation to adopt resolution modifying hours for the Alta Dena Dairy at 205 Pier Avenue, distinguishing off-sale hours from operating hours. Memorandum from Community Development Director Sol Blumenfeld dated June 11, 2002 (PDF file) .

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

      City Manager Burrell and City Attorney Jenkins responded to Council questions

      Action: To adopt the supplemental Resolution No. 02-6205 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT MINOR AMENDMENT TO CHANGE HOURS OF ALCOHOL SALES OF AN EXISTING DRIVE-THRU DAIRY/MARKET WITH OFF-SALE BEER AND WINE AT 205 PIER AVENUE, LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST ADDITION TO HERMOSA BEACH TRACT," reflecting the Council action at the May 28, 2002 meeting.
      Motion Keegan, second Edgerton. The motion carried, noting the dissenting vote by Mayor Dunbabin.

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(d), (f), (i), (k) and (m) 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.

  5. At 10:07 P.M., the order of the agenda moved to item 6.a.

  6. PUBLIC HEARINGS

    1. REVIEW AND RECONSIDER OF 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 A VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE EXISTING DECK AREAS TO MATCH THE HEIGHT OF THE EXISTING ROOF, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY, HERMOSA PAVILION. (Continued from meeting of April 9, 2002 and May 28, 2002). Memorandum from Community Development Director Sol Blumenfeld (PDF file) .

      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 8:32 P.M. Coming forward to address the Council on this item was:

      Jack Greenspan
      - Linscott, Law & Greenspan Engineers, representing the applicant, responded to Council questions pertaining to the parking structure and the deceleration lane.

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

      Proposed Action: To adopt the draft resolution sustaining the Planning Commission's approval of a Precise Development Plan, Parking Plan and Variance. Motion Edgerton, second Yoon. (Substitute motion follows)

      Proposed Substitute Action: To adopt the draft resolution sustaining the Planning Commission's approval of a Precise Development Plan, Parking Plan and Variance, subject to the condition that, within three years of completing the project, the applicant repave 16th Street between Pacific Coast Highway and Ardmore Avenue. Motion Keegan, second Reviczky. (Substitute motion follows)

      Final Substitute Action: To adopt Resolution No. 02-6201 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PRECISE DEVELOPMENT PLAN AND PARKING PLAN, AS AMENDED, FOR AN EXPANSION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING, "THE HERMOSA PAVILION"; AND TO SUSTAIN THE DECISION OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE 35-FOOT HEIGHT LIMIT TO ENCLOSE THE UPPER FLOOR OPEN DECK AREAS AND TO ENCLOSE THE OPEN AREA ABOVE THE PARKING STRUCTURE; AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY," with the added condition that if 16th Street is damaged during construction of the project, the applicant must make repairs and improvements as deemed necessary by the Public Works Director.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote by Keegan.

      Councilmember Reviczky requested that staff bring back at a future meeting the issue of the 16th Street/Pacific Coast Highway intersection.

    2. The meeting recessed at 8:50 P.M.
      The meeting reconvened at 9:10 P.M., with item 5.b.

    3. AN AMENDMENT TO THE APPROVED PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) NO. 01-10 AND AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR), TO ALLOW TYCO TELECOMMUNICATIONS TO UTILIZE A HORIZONTAL DIRECTIONAL DRILLING (HDD) METHOD OF INSTALLATION FOR THE SEGMENT OF THE SUBMARINE FIBER OPTIC CABLE PROJECT LOCATED BETWEEN HERMOSA AVENUE AND THE STRAND, ALONG SECOND STREET, THEN UNDER THE BEACH AND OUT TO APPROXIMATELY 3000 FEET BEYOND THE SHORELINE, IN LIEU OF THE DIRECT BURIAL METHOD APPROVED BY THE CITY COUNCIL IN DECEMBER OF 2001, TO INSTALL THE TWO FIBER OPTIC CABLES ALONG THIS SAME ALIGNMENT. AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), TO ASSESS ANY POTENTIAL ENVIRONMENTAL IMPACTS AND INCORPORATE OR REVISE APPLICABLE MITIGATION MEASURES ASSOCIATED WITH THE HORIZONTAL DIRECTIONAL DRILLING OPTION. ALL OTHER ASPECTS OF THE PROJECT ARE UNCHANGED AND ARE IN ACCORDANCE WITH THE PREVIOUSLY APPROVED PDP AND EIR. Memorandum from Community Development Director Sol Blumenfeld dated June 4, 2002 (PDF file) . Supplemental memorandum and draft resolution pertaining to the easement agreement from Community Director Sol Blumenfeld received June 11, 2002. A special meeting notice was posted to include consideration of a proposed amendment to the easement agreement that was approved by the Council on December 18, 2001, which had been inadvertently omitted from tonight's staff report.

      Community Development Director Blumenfeld presented the staff report and responded to Council questions. Bob Goldin, City project planner, responded to Council questions and said the amendment was due to issues raised by the Coastal Commission, noting that the cable would be deeper and the construction time on the beach would take longer, but there would be no increase in the length of the overall project. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 9:30 P.M. Coming forward to address the Council on this item were:

      Tom Kanarian
      - Hermosa Beach, said he did not oppose the project but wanted assurance that the residents would have access in and out throughout the construction time and that there would be no events that would close any streets during that timeframe;
      Robert Aronoff
      - Hermosa Beach, expressed concern about how the residents would travel north and traffic mitigation; and
      Larry Wiener
      - Richards, Watson & Gershon, attorney representing TyCom, responded to Council questions and agreed to changes suggested by the City Attorney.

      The public hearing closed at 9:35 P.M.

      Action: To adopt Resolution No. 02-6202 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT AND THE AMENDMENT TO PRECISE DEVELOPMENT PLAN/PLANNED DEVELOPMENT PERMIT NO. 01-10, ALL IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT OF A SUBMARINE FIBER OPTIC CABLE SYSTEM," (PDF file) amended as follows: (1) Section 18, Condition of approval No. 10, change to read "…..in the Mitigation Program as provided for in a Memorandum of Understanding between the City and the applicant that must be executed prior to the issuance of construction permits. "; and (2) Section 18, Condition of approval No. 15, title the existing verbiage as subsection A. and add as subsection B. "The applicant shall commit to settle the outstanding dispute with environmental consultants Ecology and Environment, Inc. (E&E) for total compensation of $694,684. Should the settlement in that amount fail, the applicant shall defend, indemnify and hold harmless the City from any action or proceeding arising from the dispute with E&E"

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

      Final Action: To approve the staff recommendation to adopt Resolution No. 02-6203 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE EASEMENT AGREEMENT FOR THE PROPOSED DEVELOPMENT OF A SUBMARINE FIBER OPTIC CABLE SYSTEM."
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    4. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003 FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 AND ENDING JUNE 30, 2003. Memorandum from Public Works Director Harold Williams dated May 29, 2002 (PDF file) .

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

      The public hearing opened at 9:42 P.M. As no one came forward to address the Council on this item, the public hearing closed at 9:42 P.M.

      Action: To approve the staff recommendation to adopt Resolution No. 02-6204 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003."
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

    5. At 9:45 P.M., the order of the agenda moved to item 4.

    6. 2002-2003 BUDGET AND CAPITAL IMPROVEMENT PROGRAM.

      1. ADOPTION OF 2002-2003 BUDGET (PDF file) . Memorandum from Finance Director Viki Copeland dated May 29, 2002 (PDF file) .

      2. ADOPTION OF 2002-2003 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 3, 2002 (PDF file) .

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

      The public hearing opened at 10:53 P.M. As no one came forward to address the Council, the public hearing closed at 10:53 P.M.

      Action: To approve the staff recommendation to:

      1. Approve the contracts listed in the May 29, 2002 staff report for services budgeted in the 2002-03 Budget, and adopt Resolution 02-6204 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2002-2003." ; and
      2. To adopt Resolution No. 02-6207 , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2002-2003."

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

    7. REQUEST FOR 3-WAY STOP CONTROL AT VALLEY PARK AVENUE AND 20TH STREET (PDF file) . Memorandum from Public Works Director Harold Williams dated May 30, 2002 (PDF file) . Supplemental letter from Maria Thomas dated June 9, 2002.

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

      The public hearing opened at 7:43 P.M. Coming forward to address the Council on this item were:

      Susi Berens
      - Hermosa Beach, spoke in opposition to a stop sign;
      Krista Capo
      - Hermosa Beach, urged approval of a stop sign, saying no sign would resolve her concerns about the safety of her son; referred to a 37-signature petition in favor of a stop sign; and
      Jeannette (no last name given)
      - Hermosa Beach, asked if residents could take their suggestions to Public Works.

      The public hearing closed at 7:58 P.M.

      Action: To rescind the installation of "Autistic Child" warning signs previously approved by the Council at its May 14 meeting.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

      Further Action: To deny the request for three-way stop signs.
      Motion Mayor Dunbabin, second Keegan. The motion carried by a unanimous vote.

      Final Action: To approve a "Children at Play" sign instead.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

    At 8:07 P.M., the order of the agenda moved to item 5.a.

  7. MUNICIPAL MATTERS

    1. PIER RENOVATION - PHASE III PRESENTATION BY PURKISS-ROSE-RSI. Memorandum from Public Works Director Harold Williams dated June 3, 2002 (PDF file) .

      Jim Pickel, PurkissoRose-RSI, conducted the Pier renovation presentation, which included material samples and donor plaque locations, and signage. He said the compass rose would have brushed brass or bronze tips measuring 3-1/2 feet at the longest point. He compared the cost of granite at $13 per square foot to slate at $8 per square foot, installed, and presented a proposal for standards framing either side of the Pier entrance to support the "Hermosa Beach" signage previously proposed for use with towers.

      City Manager Burrell responded to Council questions.

      Coming forward to address the Council on this item were:

      Pete Tucker
      - Hermosa Beach, suggested stamping the "Hermosa Beach" sign vertically in the wall beneath where the removable rail for the amphitheater would be; and
      John Hales
      - Hermosa Beach: spoke in opposition to the sign standards suggested by the consultant.

      Action: To approve Mr. Tucker's suggestion to put in the "Hermosa Beach" sign in the concrete rather than the consultant's proposal for standards to support the sign, to approve the use of granite, and to approve the City seal as proposed, with colors to be discussed later.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    NONE

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  10. OTHER MATTERS - CITY COUNCIL

    NONE

    City Manager Burrell requested the addition of a closed session item concerning real property negotiation.

    Action: To add to the closed session an item reporting on a real property negotiation for 710 Pier Avenue based on the findings that the issue arose after the posting of the agenda and required immediate action.
    Motion Reviczky, second Mayor Dunbabin. 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 May 28, 2002.

  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: City of Hermosa Beach v. City of Redondo Beach
      Case Number: BS075570
    Initiation of Litigation: Government Code Section 54956.9(c)

    Number of potential cases: 1

  3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    Government Code Section 54957

    Title: City Manager

  4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
    Government Code Section 54956.8

    Property: 710 Pier Avenue
    Negotiating Parties: City of Hermosa Beach and AT&T Compass Telecom
    Under Negotiation: Lease and Terms of Payment

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 11, 2002, at the hour of 10:55 P.M. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 11:00 P.M. At the hour of 11:30 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, June 11, 2002, at the hour of 11:31 P.M. to the Regular Meeting on Tuesday, June 25, 2002, at the hour of 7:10 P.M.