City Council Minutes December 11, 2001 - Hermosa Beach

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 11, 2001, at the hour of 7:15 P.M.

PLEDGE OF ALLEGIANCE

Hermosa Beach Cub Scout Troop 860 Color Guard

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Edgerton reminded everyone of the Beach Cities Toy Drive, noting that the donated toys would be given to several very worthwhile charities for children less fortunate. He said the wrapping party would take place at 11 a.m. Saturday, December 15 at the Clark building, noting that food for the volunteers would be donated by several local restaurants.

Councilmember Reviczky announced that there would be a Hazardous Waste Roundup in Hermosa Beach on Saturday, January 26, 2002 from 9 a.m. to 3 p.m. on Valley Drive, across from the Clark Building.

Mayor Dunbabin spoke of the success of the Plaza tree lighting event Thursday, December 6, and thanked Shaunna Donahue, Mike Flaherty and the firefighters for their hard work and everyone else who helped. She then spoke of the success of the Sand Snowman contest the morning of Saturday, December 8, noting there were 24 participants this year. She also thanked all the businesses in town that decorated for the holiday.

PRESENTATIONS:

PRESENTATION OF COMMENDATION TO LAWRENCE MANNING

Mayor Dunbabin presented a certificate of recognition to Hermosa Beach resident Lawrence Manning, whose talents as a photographer are now recognized worldwide with his image of the American Flag gracing the "United We Stand" postage stamp commemorating the events and honoring the victims of September 11, 2001.

Mr. Manning thanked the Mayor and City Council for the honor. He said the flag represents the spirit of the country and he was proud to have his chosen for the stamp. He expressed his appreciation for the "United We Stand" title, saying it recognizes the values of community and how we are all part of it.

PRESENTATION OF GIFT FROM LORETO, HERMOSA BEACH'S SISTER CITY

George Barks, Hermosa Beach Sister City Association, said he was honored and proud this evening to represent the Mayor and City Council of Loreto, Mexico, in presenting to the City of Hermosa Beach a holiday wreath made of dried cornhusks. He said the gift was symbolic of the holiday season and the friendship of our sister city. He said the Hermosa Beach Sister City Association's activities included the paramedic program in Loreto and the student exchange program.

Mayor Dunbabin accepted the wreath and said it would be displayed at City Hall.

CLOSED SESSION REPORT FOR MEETING OF DECEMBER 5, 2001

NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

John Hales
- Hermosa Beach, expressed concerns about Redondo Beach's Heart of the City project and its potential impact on Hermosa Beach;
James Leitz
- Beach Bash producer, referred to his letter in the agenda packet with item 7.b.; said representatives of IMG and Mervyn's were available to meet for any upcoming discussions about the event in order to help alleviate any concerns; and
Glen Wilcox
- Hermosa Beach, expressed concern about the Corona Street closure issue on the Council agenda in November, noting that the Public Works Commission had referred the matter back to staff in October for review of the plans
  1. WRITTEN COMMUNICATIONS
    1. Letter from Roger Bacon regarding the present Banner Program for merchants in the City of Hermosa Beach.

      Coming forward to address the Council on this item were:

      Roger Bacon
      - 1100 Pacific Coast Highway, requested that the Council waive the three-month Code limit and allow the hanging of banners by merchants who have already reached that limit, saying the need to advertise was vital to businesses that are struggling due to a recession; suggested a moratorium on that Code provision throughout the holiday season and until July;
      Carla Merriman
      - Chamber of Commerce executive director, said the retailers and restaurants in the City were having a difficult time right now; asked that the Council consider not enforcing the ordinance for the next six months, noting a surge in business was not expected for a while; and
      Jim Lissner
      - Hermosa Beach, supported the request and said the exception should be applied to restaurants as well as shops.

      City Attorney Jenkins responded to Council questions, saying the actual request voiced this evening by Mr. Bacon was not clearly reflected in the wording of his letter in the packet and therefore could not be acted upon this evening unless added to the agenda by a four-fifths vote.

      Action: To add to the agenda the consideration of temporarily not enforcing the 90-day per year provision for merchant banners, based on the finding that the matter required immediate action. Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

      Final Action: To waive the 90-day limitation on merchant banners from December 11 through December 31, 2001, but to continue to enforce all other banner provisions. Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

    2. Letter from Jim Lissner requesting permission to utilize the City's cable equipment at Hermosa Valley School to broadcast the school board meetings. Supplemental letter from Jim Lissner dated December 10, 2001.

      Coming forward to address the Council on this item was:

      Jim Lissner
      - Hermosa Beach, spoke to his letter.

      It was pointed out that the City had already agreed at a previous meeting to assist the School Board if they wish to televise their meetings.

      Action: To receive and file the letter.
      Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

  2. CONSENT CALENDAR:

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

    At 8:15 P.M., the order of the agenda was suspended to go to the public hearing, agenda item 5a.

    1. Recommendation to approve minutes of the regular meeting of the City Council held on November 27, 2001.

      Action: To approve the minutes of the regular City Council meeting of November 27, 2001, as presented.

    2. Recommendation to ratify check register.

      Action: To ratify the 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 receive and file action minutes from the Planning Commission meeting of December 5, 2001.

      Action: To receive and file action minutes from the Planning Commission meeting of December 5, 2001.

    5. Recommendation to accept donations of $250.00 from Hermosa Beach Kiwanis Foundation to be used for the tree lighting ceremony; $300.00 from the Woman's Club of Hermosa Beach to be used for the Halloween Howl activity, the tree lighting ceremony and the Sand Snowman contest; and, $100.00 from Vivian L. Hoffman to be used for the Fire Department training program. Memorandum from Finance Director Viki Copeland dated December 3, 2001. (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 accept the following donations to the City for the uses shown:

      • $250 from Hermosa Beach Kiwanis Foundation for tree lighting ceremony;
      • $300 from Woman's Club of Hermosa Beach for Halloween Howl activity, tree lighting ceremony and Sand Snowman contest; and
      • $100 from Vivian L. Hoffman for Fire Department training program.

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

    6. Recommendation to receive and file the list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2002 calendar year. Memorandum from City Clerk Elaine Doerfling dated November 26, 2001. (PDF file)

      Action: To receive and file the list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2002 calendar year, as recommended.

    7. Recommendation to approve Supplemental Agreement No. 1 between the City and Damon Construction for $19,475.00 for CIP 01-168, Manhattan Avenue Street Improvements; authorize the City Manager and the Director of Public Works to execute the Supplemental Agreement No. 1; and, authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,000. Memorandum from Public Works Director Harold Williams dated November 27, 2001. (PDF file)

      Action: To approve the staff recommendation to:

      1. Approve Supplemental Agreement No. 1 between the City and Damon Construction for $19,475 for CIP 01-168, Manhattan Avenue Street Improvements;
      2. Authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement No. 1; and
      3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,000
    8. 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 December 3, 2001. (PDF file)

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

      Public Works Director Williams responded to Council questions, noting there would be a staff meeting at 10 A.M. Thursday with Adelphia.

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

    9. Recommendation to adopt resolution approving Final Map #25898 for two 2-unit condominium projects at 430-432 and 434-436 Ocean View Avenue. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 2001. (PDF file)

      Action: To approve the staff recommendation to adopt Resolution No. 01-6179, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25898 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 430-432 AND 434-436 OCEAN VIEW AVENUE, HERMOSA BEACH, CALIFORNIA."

    10. Recommendation to adopt resolution establishing a Veteran's Preference Program for civil service examinations. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 6, 2001. (PDF file)

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

      Personnel Director Earl presented the staff report and responded to Council questions.

      Proposed Action: To adopt a resolution establishing a Veteran's Preference Program for civil service examinations. Motion Reviczky. The motion died for the lack of a second.

      Action: To adopt Resolution No. 01-6180, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IDENTIFYING REASONS FOR NOT IMPLEMENTING A VETERAN'S PREFERENCE SYSTEM," amended this evening to add a section stating that the City encourages veterans to apply for employment.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting vote by Reviczky.

    11. Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 5, 2001. (PDF file)

      Claimant: James Qutami
      Date of Loss: 11/24/01
      Date Filed: 11/28/01

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

  3. PRESENTATION BY JOE MARK FOR ECONOMIC DEVELOPMENT REVIEW COMMITTEE.

    Committee Chair Joe Mark gave a brief review of the goals of the committee and referred to all the material and information collected so far, noting that the Committee has 40 members. He said they have had six meetings so far and that the next meeting was tentatively scheduled for the third week of January. He said he expected to be able to give a full report to the City Council in March.

  4. At 11:10 P.M., the order of the agenda then moved to item 6.b.

  5. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(e), (h) and (j) 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.

  6. PUBLIC HEARINGS
    1. PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO. 01-10 AND FINAL ENVIRONMENTAL IMPACT REPORT, TO ALLOW TYCOM NETWORKS INC. TO INSTALL TWO UNDERGROUND FIBER OPTIC CABLES, EACH WITH SELF-CONTAINED POWER, ONTO THE CONTINENTAL SHELF AND LANDING AT TWO BEACH LOCATIONS WITHIN THE CITY OF HERMOSA BEACH (A NORTH LANDING AT LONGFELLOW AVENUE AND A SOUTH LANDING AT 2ND STREET) WITH UNDERGROUND CABLE CONNECTIONS LOCATED IN PUBLIC PROPERTY TO A CABLE STATION IN REDONDO BEACH. Memorandum from Community Development Director Sol Blumenfeld dated December 4, 2001. (PDF file) Supplemental letter from Charlie Cheatham dated December 10, 2001. Supplemental information and lease from Community Development Department and TyCom received December 11, 2001.

      City Project Planner Goldin presented the staff report and responded to Council questions, noting that the second landing at Longfellow Avenue was no longer being proposed. Community Development Director Blumenfeld, City Manager Burrell and City Attorney Jenkins also responded to Council questions.

      At 8:30 P.M., coming forward to make presentations on this item were:

      Chris Brungardt
      - TyCom engineer, said the project had been significantly changed in response to concerns; said there would be one landing (at Second Street) instead of the two proposed earlier and gave a general overview of the technical aspects of the landing, referring to the sketches provided today; said they would install the cable during the low sand period in March or April and would have a monthly monitoring program; said approval of the project tonight would help them meet their proposed schedule to begin work in the Spring of 2002; in response to Council questions, agreed to immediate reburial of the cable should it become uncovered;
      Patty Murphy
      - consultant hired by the City to prepare the project's environmental impact report (EIR), said the report identified the potential impacts and all proposed mitigation measures were agreed to by TyCom except for one regarding air quality; said the other impacts were reduced to less than significant impacts as a result of the measures; said the document covered two landings as well as alternatives; and
      Larry Wiener
      - TyCom, responded to Council questions, saying that any exposure of the cable would be the result of the sand moving, not the cable rising to the surface, and said it was not in their interest to have the cable exposed; agreed to clarify any conditions that were not deemed clear enough.

      The public hearing opened at 9:52 P.M. Coming forward to address the Council on this item were;

      Kirk Jones
      - Hermosa Beach, expressed concerns about the project and wondered why other cities were not interested; asked about the construction time and parking and noise issues; said he saw no benefit to the City and requested that the project be denied;
      Roger Bacon
      - 1100 Pacific Coast Highway, said weather conditions could not be predicted and expressed concerns about the storm drain located at Second Street; questioned the proposed depth of the cable and suggested going down deeper; and
      Jane Dixon
      - Hermosa Beach, said 25 years was a long time and the project may be abandoned at some point; questioned some of the financial aspects.

      The public hearing closed at 10:00 P.M.

      Proposed Action: To continue the entire matter to the next meeting.
      Motion Edgerton, second Yoon. The motion was subsequently withdrawn.

      Action: To (1) certify the Final Environmental Impact Report (with no action on the Mitigation Monitoring Program, the Findings and Facts in Support of Findings, the Statement of Overriding Considerations relating to air quality, the Planned Development Permit/Precise Development Plan No. 01-10 with conditions, or on finding the easement agreement for TyCom's use of City-owned property to be consistent with the City's General Plan); and (2) to continue the public hearing to provide additional time for review of the lease agreement and Planned Development Permit conditions and for incorporation of the proposed changes in those documents, with said meeting to take place at 7:10 P.M. Tuesday, December 18, at the Hermosa Valley School Multi-Purpose Room or at one of the Community Center rooms.
      Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

    2. At 11:02 P.M., the order of the agenda returned to agenda item 3.

    3. MUNICIPAL MATTERS
      1. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM: 2001-02 THROUGH 2005-06. Memorandum from Public Works Director Harold Williams dated November 27, 2001. (PDF file)

        City Manager Burrell suggested rescheduling this item to a future meeting, such as the goals session, due to the lateness of the hour.

        Action: To continue the item to a future meeting, as recommended by the City Manager.
        Motion Edgerton, second Yoon. The motion carried by a unanimous vote.

      2. REQUEST FOR STOP SIGNS ON ARDMORE AVENUE AT 16TH STREET TO CREATE A 3-WAY STOP. Memorandum from Public Works Director Harold Williams dated November 29, 2001. (PDF file)

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

        Coming forward to address the Council on this item were:

        Cynthia Bradley
        - Hermosa Beach, crossing guard at the intersection, said a stop sign would get people in the habit of stopping as opposed to a pedestrian-activated light; said her primary concern was safety for the children;
        Name indistinct
        - Hermosa Beach, said there was a lot of traffic coming down 16th Street from Von's which added to the problem; and
        Tom Bradley (1720 Ardmore)
        - Hermosa Beach, said cars had to edge out onto Ardmore Avenue in order to see oncoming traffic; said the Public Works Commission did not support a pedestrian-activated light due to the expense; said this was the only area where the crossing guard was required to stop traffic without the aid of a stop sign; recommended either stop signs or a pedestrian-activated light.

        Director Williams responded to Council questions, noting that a full light signal would be required rather than a pedestrian-activated light because the location was at a T-intersection, rather than mid-block as on Valley Drive, that it would cost about $80,000, and would take from six to nine months to install. He said the light would be both traffic-actuated and pedestrian-activated.

        Action: To approve the placement of a traffic and pedestrian activated light signal at the intersection of Ardmore Avenue at 16th Street.
        Motion Reviczky, second Edgerton. The motion carried, noting the dissenting votes by Keegan and Mayor Dunbabin, who preferred stop signs.

        City Manager Burrell said the item would be brought back before the Council at a future meeting to discuss funding.

      3. At 11:32 P.M., the order of the agenda moved to item 7.c.

      4. SAINT PATRICK'S DAY PARADE AND FESTIVAL: SATURDAY, MARCH 16 AND SUNDAY, MARCH 17, 2002. Memorandum from Community Resources Director Mary Rooney dated December 3, 2001. (PDF file)

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

        Coming forward to address the Council on this item was:

        Travers Devine
        - South Bay St. Patrick's Day Weekend Committee, said the only change from last year's event would be putting the main stage on the Pier.

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

        1. Approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold its annual Saint Patrick's Day Parade on March 16, 2002;
        2. Approve the event contract and street closures as requested; and
        3. Approve the following fee waiver/funding requests:
          1. The waiver of Clark Building rental fees for the Committee's fundraising "Hooley" on Saturday, March 2, 2002 (excluding direct staff costs);
          2. A $15,000j allocation from the Downtown Enhancement Fund for Parade expenses (currently listed in the FY01-02 budget);
          3. A $2,000 allocation from Proposition A Transportation Funds for shuttle bus service from the Mira Costa parking lot to the Festival;
          4. The waiver of parking fees, banner fees, and amplification permit fees;
          5. The billing for Police, Fire and Public Works services at actual hourly cost;
          6. The utilization of City Parking Lot A for a Kiddy Carnival and Petting Zoo and 11th Street between Beach and Hermosa avenues for a Food Court;
          7. The utilization of the Pier Head, if open, for the Main Stage;
          8. The closure of Valley Drive between Eighth Street and Pier Avenue from 7 A.M. to 1 P.M. Saturday, March 16, for parade line up;
          9. The closure of Hermosa Avenue between 13th Street and Eighth Street from 10 A.M. to 12:30 P.M. Saturday, March 16, for the parade;
          10. The closure of 11th Street between Hermosa Avenue and the parking lot entrance from 7 A.M. Saturday, March 16, to 7 P.M. Sunday, March 17; and
          11. The approval for the committee to utilize TULIP program for insurance coverage in the amount of two million dollars.

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

      5. The meeting recessed at 11:46 P.M.
        The meeting reconvened at 11:50 P.M. with item 4.e.

      6. UNDERGROUND DISTRICT FORMATION - ENGINEERING COSTS - SOUTHERN CALIFORNIA EDISON. Memorandum from City Manager Stephen Burrell dated December 6, 2001. (PDF file)

        City Manager Burrell presented the staff report and responded to Council questions, saying the letter from Edison would come back to the Council as an information item.

        Action: To approve the staff recommendation to:

        1. Approve the expenditure of $95,000 for engineering planning of three separate assessment districts (Bayview Drive, Bonnie Brae, and Beach Drive); and
        2. Appropriate $95,000 from Capital Project Funds to be reimbursed following district formation.

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

      7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
        1. 2002-2003 STATE BUDGET MEETING WITH STATE REPRESENTATIVES. Memorandum from City Manager Stephen Burrell dated December 5, 2001. (PDF file)

          Action: To direct the Mayor and City Manager to arrange to meet with Senator Debra Bowen and Assembly Member George Nakano concerning the upcoming debate on the State budget, as recommended by staff.
          So ordered by Mayor Dunbabin, with the consensus of the Council.

        2. SPECIAL MEETINGS PROPOSED SCHEDULE. Memorandum from City Manager Stephen Burrell dated December 5, 2001. (PDF file)

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

          Action: To direct staff to (1) schedule a meeting Tuesday, January 15, 2002 for interviews of applicants for the vacancies on the Public Works Commission and the Parks, Recreation and Community Resources Advisory Commission, (2) schedule a meeting January 17, 2002 for a workshop with the architects for Phase III of the Pier Design, (3) schedule a joint meeting on Tuesday February 5, 2002 with the Parks, Recreation and Community Resources Advisory Commission, and (4) return in January with suggested meeting dates for the goals workshop, review of Valley Park final changes, and any other items that require special meetings.
          So ordered by Mayor Dunbabin, with the consensus of the Council.

        3. COMMERCIAL BANNER PROGRAM - FIRST YEAR REPORT. Memorandum from City Manager Stephen Burrell dated December 5, 2001. (PDF file)

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

          Coming forward to address the Council on this item was:

          Roger Bacon
          - 1100 Pacific Coast Highway, requested giving the Hermosa Beach Education Foundation priority in the banner program, noting the amount of money raised last year for the organization.

          Action: To (1) accept the report and approve the minor changes to the policy based on the operation of the Commercial Banner program during its first year, and (2) approve six months of each year for the Education Foundation.
          Motion Edgerton, second Mayor Dunbabin. The motion carried, noting the dissenting votes of Reviczky and Yoon.

          In response to a staff request for clarification, Mayor Dunbabin said the City would honor other groups that are already scheduled and have their funding lined up.

        4. At 11:40 P.M., the order of the agenda moved to item 6.c.

        5. INFORMATIONAL ITEM REGARDING NEIGHBORHOOD MEETING WITH VERIZON REPRESENTATIVES. Memorandum from City Manager Stephen Burrell dated December 6, 2001. (PDF file)

          City Manager Burrell presented the staff report and responded to Council questions, noting staff would try to schedule the meeting for the first or second week of January.

      8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
        1. VACANCIES - BOARDS AND COMMISSIONS - SCHEDULE APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION AND PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated December 3, 2001. (PDF file)

          City Clerk Doerfling presented the staff report and responded to Council questions.

          Action: To schedule a meeting for 7 P.M. on Tuesday, January 15, 2002, probably in the first floor conference room at City Hall, to interview applicants for the Public Works Commission and the Parks, Recreation and Community Resources Advisory Commission vacancies, with appointments to be made at the regular meeting of January 22, 2002, as recommended.
          So ordered by Mayor Dunbabin with the consensus of the Council.

      9. OTHER MATTERS - CITY COUNCIL

        Councilmember Keegan requested that staff report back on the issue of raising the minimum dwelling unit size in the R-3 zone to R-2 standards.

        City Manager Burrell said staff would bring back a general report at the next meeting.

      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 December 5, 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: Burd v. City of Hermosa Beach
        Case Number: CV00-10016 CAS (BQRx)

      ADJOURN TO CLOSED SESSION

      The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, December 12, 2001, at the hour of 12:14 A.M. to a closed session.

      RECONVENE TO OPEN SESSION

      The Closed Session convened at the hour of 12:15 A.M. At the hour of 12:25 A.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 Wednesday, December 12, 2001, at the hour of 12:26 A.M. to the Adjourned Regular Meeting on Tuesday, December 18, 2001, at the hour of 7:10 P.M., for the purpose of continuing with public hearing item 5.a., the TyCom cable project.