City Council Minutes August 12, 2003

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, August 12, 2003, at the hour of 7:16 p.m.

PLEDGE OF ALLEGIANCE

Rick Koenig

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Dunbabin said she had decided not to run for City Council again for personal reasons, and that it had been a pleasure serving for the last four years. She announced the Friends of the Library Book Sales on September 3 for members only and on September 6 for the general public. She asked that residents be patient with roads being tied up around town because of Gas Company work, installation of handicap ramps, and other public works projects, all of which indicate progress. She thanked the Parks, Recreation and Community Resources Advisory Commission for the productive joint meeting with the Council, at which senior programs, special events, and the Community Picnic were discussed.

Councilmember Edgerton said he was running for re-election to the Council and discussed the Aloha Days on August 9-10, the recent visit by the Loreto students, and the last Sunset Concert by Sam Moore of Sam and Dave on August 17.

Mayor pro Tempore Yoon congratulated Hermosans Eric Fonoimoana and partner Kevin Wong, who took the title at the AVP Manhattan Beach Open this past weekend.

Councilmember Reviczky explained that the Sister Cities visit from the Loreto students almost did not take place, thanked Congresswoman Jane Harman for her help in convincing the Homeland Security Department to grant the visa waivers, and expressed hope that next year would go smoother.

City Clerk Elaine Doerfling, President of the Hermosa Beach Sisters Cities Association, thanked Councilmember Reviczky for his assistance, said that because of the postponed visit, some hosting families were on vacation but others in the community graciously opened their homes to the students, including Sam and Joanne Edgerton, who housed two students; said that the farewell barbeque on August 11 at Seaside Lagoon included staff members from Jane Harman's office presenting certificates to the students; said that even though the visit was shorter, nearly all the usual events took place; showed the metal sculpture of marine animals, crafted by a Loreto citizen, which was presented to the City. She thanked the Kiwanis Club for its $1,000 donation to help the Sister Cities Association defray airline penalties of $2,300 because of the delayed visit.

Mayor Keegan congratulated the Hermosa Beach winners at the Manhattan Beach Open.

CLOSED SESSION REPORT FOR MEETING OF JULY 22, 2003:

No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Roger Creighton regarding Councilmember Yoon.

      Mayor pro Tempore Yoon said he had switched his voter registration after his recent move.

    2. Letter from Rick Koenig, Vice President of the Hermosa Art Foundation, regarding donation of three concrete picnic tables for use by the ARC/Easter Seals clients at The Community Center.

      Coming forward to address the Council on this matter was:

      Rick Koenig
      - Hermosa Beach Arts Foundation, said he was seeking the Council's approval to purchase three concrete picnic tables for the Community Center; referred to the photo attached to his letter; said that the new tables would be installed in the same location to replace the current tables.

      Action: To approve the purchase by the Hermosa Beach Arts Foundation of three picnic tables to be donated for use at the Community Center.
      Motion Councilmember Edgerton, second Keegan. The motion carried by Council consensus, with no objections.

    Coming forward to address the Council at this time were:

    Pete Tucker
    - Hermosa Beach, thanked the City for the renovations and the dedication ceremony at Hermosa Valley Park, particularly Councilmember Kathy Dunbabin and former Councilmember Julie Oakes for their design work on the park; provided details for a bus trip on September 3 to watch former Hermosan and current Houston Astro Morgan Ensberg play at Dodger Stadium; and requested that the Mayor proclaim September 3 as Morgan Ensberg Day in Hermosa Beach.

    Action: To proclaim September 3 as Morgan Ensberg Day.
    Motion Councilmember Edgerton, second Reviczky. The motion carried by Council consensus.

    Jack Janken
    - Hermosa Beach, discussed past experiences with the City Manager and Community Development Department which have given him the opinion that the City is not complying with State laws and is not using the Board of Appeals properly; submitted information and read the laws which he felt were not being followed; requested assistance from the City Council. (City Manager Burrell said that he would write a memo to the Council explaining the Board's function).
  2. CONSENT CALENDAR:

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

    At 7:45 p.m., the order of the agenda was suspended to go to item 7.

    1. Recommendation to receive and file memorandum from City Clerk Elaine Doerfling regarding the City Council minutes of July 8, July 22, July 31 & August 5, 2003.

      Action: To receive and file the memorandum from City Clerk Doerfling regarding the City Council minutes of the Regular meetings of July 8, 2003 and July 22, 2003; the Special meeting of July 31, 2003; and the Adjourned Regular meeting of August 5, 2003.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 33783 THROUGH 33870, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 33326, 33636, 33829, 33857, AND 33697 AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register as presented.

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

      This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to his concern about conducting five public hearings at the September 23 meeting.

      City Manager Burrell responded to questions, saying he would reschedule some of those public hearings.

      Action: To receive and file the Tentative Future Agenda Items.
      Motion Reviczky second Dunbabin. The motion carried by a unanimous vote.

    4. Recommendation to authorize the purchase and installation of Motorola brand UHF mobile and portable radio hardware and software for the Fire Department, including the Emergency Operations Center, from the South Bay Regional Public Communications Authority (RCC) in the amount of $19,235.90. Memorandum from Fire Chief Russell Tingley dated July 31, 2003 (PDF File).

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

      Fire Chief Tingley and City Attorney Jenkins responded to Council questions.

      Action: To approve the staff recommendation to authorize the purchase and installation of Motorola brand UHF mobile and portable radio hardware and software for the Fire Department, including the Emergency Operations Center, from the South Bay Regional Public Communications Authority (RCC) in the amount of $19,235.90.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

    5. Recommendation to accept donations of $5,000 from Hawthorne Savings to be used for the Sunset Concert series; $8,000 from Chevron to be used for the Chevron Surf Camp; and, $650 from the Hermosa Arts Foundation to be used to purchase new speakers for the theatre. Memorandum from Finance Director Viki Copeland dated August 4, 2003 (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 received by the City:

      • $5,000 from Hawthorne Savings for the Sunset Concert series;
      • $8,000 from Chevron for the Chevron Surf Camp; and
      • $650 from the Hermosa Arts Foundation for new speakers for the theatre.

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

    6. Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 4, 2003 (PDF File).

      Claimant: Southern California Edison
      Date of Loss: 07-10-03
      Date Filed: 07-30-03

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

    7. Recommendation to set a public hearing on the use of Proposition A funds including the WAVE program; commuter express bus; bus pass subsidy program; recreation related transportation and taxi vouchers for Tuesday, September 9, 2003. Memorandum from City Manager Stephen Burrell dated August 5, 2003 (PDF File).

      Action: To set a public hearing for Tuesday, September 9, 2003 to receive input on the several programs offered under the Proposition A Funds that the City receives from the MTA.

    8. Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 16, 2003.

      Action: To receive and file the action minutes of the July 16, 2003 Public Works Commission meeting.

    9. Recommendation to adopt resolution exempting the south side of 29th Street, between Ingleside Drive and Morningside Drive, from the sidewalk requirement of subsection (b) of Section 12.08.010 General Requirement of Chapter 12.08 Street, Sidewalk, Curb and Gutter Construction of the Hermosa Beach Municipal Code. Memorandum from Public Works Director Richard Morgan dated July 17, 2003 (PDF File).

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

      Public Works Director Morgan and City Attorney Jenkins responded to Council questions.

      Action: To approve the recommendation of the Public Works Commission to adopt Resolution No. 03-6294, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXEMPTING THE SOUTH SIDE OF 29TH STREET BETWEEN INGLESIDE DRIVE AND MORNINGSIDE DRIVE, FROM THE SIDEWALK REQUIREMENT OF SUBSECTION (b) OF SECTION 12.08.010 GENERAL REQUIREMENTS OF CHAPTER 12.08 STREET, SIDEWALK, CURB AND GUTTER CONSTRUCTION OF THE HERMOSA BEACH MUNICIPAL CODE."
      Motion Dunbabin, second Edgerton. The motion carried by a unanimous vote.

    10. Recommendation to approve First Amendment to Professional Services Agreement with Gerson/Overstreet for CIP 02-626 "Community Center Theatre ADA Upgrades" for an increase in scope of services for a fee of $11,400.00 and authorize the City Clerk to attest and the Mayor to execute said amendment upon approval to form by the City Attorney. Memorandum from Public Works Director Richard Morgan dated August 4, 2003 (PDF File).

      Action: To approve the staff recommendation to:

      • Approve the First Amendment to the Professional Services Agreement between the City and Gerson/Overstreet - CIP 02-626 "Community Center Theatre ADA Upgrades" - for an increase in scope of services for a fee of $11,400; and
      • Authorize the City Clerk to attest and the Mayor to execute said amendment upon approval to form by the City Attorney
    11. Recommendation to accept the work by Sialic Contractors Corporation dba Shawnan for Project No. CIP 01-159 "Street Improvements Hillcrest Drive & Rhodes Street from 18th to 21st Streets; 18th Place from Pacific Coast Highway to Prospect Avenue; authorize the Mayor to sign the Notice of Completion; and, authorize staff to release payment to Sialic Contractors Corporation dba Shawnan (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated July 21, 2003 (PDF File).

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

      Public Works Director Morgan and City Manager Burrell responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Accept the work by Sialic Contractors Corporation dba Shawnan for Project No. CIP 01-159 "Street Improvements Hillcrest Drive & Rhodes Street from 18th to 21st streets; 18th Place from Pacific Coast Highway to Prospect Avenue;
      2. Authorize the Mayor to sign the Notice of Completion; and
      3. Authorize staff to release payment to Sialic Contractors Corporation dba Shawnan (10% retained for 35 days following filing of Notice of Completion).

      Motion Dunbabin, second Yoon. The motion carried by a unanimous vote.

    12. Recommendation to adopt resolution approving final map #26172 for a 3?unit condo at 636 9th Street. Memorandum from Community Development Director Sol Blumenfeld dated July 30, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6288, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 26172 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 636 NINTH STREET, HERMOSA BEACH, CALIFORNIA."

    13. Recommendation to adopt resolution approving final map #26749 for a 2?unit condo at 301 Manhattan Avenue and 302 Palm Drive. Memorandum from Community Development Director Sol Blumenfeld dated July 30, 2003 (PDF File).

    14. Recommendation to advance $17,000 in Capital Improvement Funds (301) to cover costs of preparation of the Engineer's Report for the Beach Drive Undergrounding District. Memorandum from Finance Director Viki Copeland dated July 29, 2003 (PDF File).

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

      City Manager Burrell responded to Council questions.

      Action: To advance $5,000 in Capital Improvement Funds (301) to cover the work already completed and stop all work until re-affirming the property owners' interest in undergrounding.
      Motion Councilmember Reviczky, second Yoon. The motion carried by a unanimous vote.

      Action: To direct staff to mail a letter to each of the 44 property owners asking them to re-affirm that they still wish to form an underground district.
      Motion Mayor Keegan, second Dunbabin. The motion carried by a unanimous vote.

    15. Recommendation to approve the plans, specifications, estimates, order the work and call for bids and instruct the City Clerk to post Notice Inviting Sealed Bids for Project No. CIP 02-185 Street Improvements - 5th St. from Ardmore to Prospect. Memorandum from Public Works Director Richard Morgan dated August 6, 2003 (PDF File).

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

      Public Works Director Rick Morgan responded to Council questions.

      Action: To approve the staff recommendation to:

      1. Approve the plans, specifications, estimates, order the work and call for bids for Project No. CIP 02-185 Street Improvements - Fifth Street from Ardmore Avenue to Prospect Avenue; and
      2. Instruct the City Clerk to post a Notice Inviting Sealed Bids.

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

    16. Recommendation that the City Council thank the Coordt family for their donation of a park bench for Valley Park. Memorandum from Public Works Director Richard Morgan dated July 21, 2003 (PDF File).

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

      City Manager Burrell responded to Council questions.

      Action: To accept the donation of $2,215 from the Coordt family for the purchase of a park bench for Valley Park.
      Motion Dunbabin, second Mayor Keegan. The motion carried by a unanimous vote.

    17. Recommendation to approve the renewal of the City Prosecutor's contract effective 7/1/03 through 6/30/04. Memorandum from City Manager Stephen Burrell dated August 7, 2003 (PDF File).

      Action: To approve the renewal of the City Prosecutor's contract effective July 1, 2003 through June 30, 2004, as recommended by staff.

    18. Recommendation to adopt resolution approving the Memorandum of Understanding between the City and the Hermosa Beach General & Supervisory Employees' Association represented by Teamster Local 911. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6290, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING UNIT."

    19. Recommendation to adopt resolution approving the Memorandum of Understanding between the City and the Hermosa Beach Professional and Administrative Employee Group. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 7, 2003 (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 03-6291, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES' BARGAINING UNIT."

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 03-1231 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE REGULATION OF DAY CARE HOMES IN THE CITY." For adoption. Memorandum from City Clerk Elaine Doerfling dated August 4, 2003 (PDF File). Supplemental page 5 of the ordinance submitted August 12, 2003.

      City Clerk Doerfling presented the ordinance for adoption, noting it had been introduced at the meeting of July 22, 2003 by a unanimous vote.

      Action: To waive full reading and approve Ordinance No. 03-1231.
      Motion Reviczky, second Dunbabin. The motion carried by the following vote:
      Ayes: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan
      Noes: None
      Abstain: None
      Absent: None

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(c), (d), (e), (i), (k) (n), (o) and (p) 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 10:29 p.m., the order of the agenda was returned to item 9 (a).

  6. PUBLIC HEARINGS

    1. 2000 REVISION OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND ADOPTION OF THE ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld (PDF File).

      Community Development Director Blumenfeld presented the staff report and responded to Council questions, explaining certain items in the tables and stating that he would cross reference each policy with the code section, providing this revised copy to the Council before it is sent to the State. City Attorney Jenkins also responded to Council questions.

      The public hearing opened at 8:54 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:54 p.m.

      Action: To approve the staff recommendation to:

      1. Approve Resolution No. 03-6292 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A GENERAL PLAN HOUSING ELEMENT UPDATE AND AMENDING THE HERMOSA BEACH GENERAL PLAN"; and
      2. Direct staff to submit the document for certification by the State Department of Housing and Community Development (HCD).

      Motion Edgerton, stressing his support for the future adoption of a mobile home preservation ordinance, second Dunbabin. The motion carried, noting the dissenting vote of Mayor Keegan.

    2. The meeting recessed at 8:55 p.m.
      The meeting reconvened at 9:15 p.m.

    3. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL IMPLEMENTATION REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated August 4, 2003 (PDF File).

      Community Development Director Blumenfeld presented the staff report.

      The public hearing opened at 9:15 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:15 p.m.

      Action: To approve the staff recommendation to approve Resolution No. 03-6293 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.
      Motion Reviczky, second Dunbabin. The motion carried by a unanimous vote.

    4. TEXT AMENDMENT TO ALLOW CONDOMINIUMS AS A PERMITTED FORM OF OWNERSHIP IN ADDITION TO APARTMENTS ABOVE COMMERCIAL AS A PERMITTED USE IN THE C-1 ZONE. Memorandum from Community Development Director Sol Blumenfeld dated August 4, 2003 (PDF File)..

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

      The public hearing opened at 9:39 p.m. Coming forward to address the Council on this item was:

      Julie Oakes
      - Hermosa Beach, said the C-1 zone comprised only six small areas; said mixed use was common in other cities and provided a pedestrian friendly commercial area; said R-3 parking requirements would be appropriate; said the important issues were lot coverage and the front setback; said even with a business owner living in a condo above, the commercial ground floor could be rented out if the business no longer existed; noting that certain types of businesses would not be compatible with a residence above.

      The public hearing closed at 9:49 p.m.

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 03-1232, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.26, TO LIST CONDOMINIUMS AS A PERMITTED USE IN RESIDENTIAL / COMMERCIAL PROJECTS IN THE C-1 ZONE."
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

      Further Action: To direct the Planning Commission to initiate a study on development standards for mixed use in the C-1 zone, including use limitations, the feasibility of live-above units, densities, etc., and to return the matter to the City Council for consideration.
      Motion Reviczky, second Yoon. The motion carried by a unanimous vote.

  7. At 9:49 p.m., the order of the agenda was returned to item 3.

  8. MUNICIPAL MATTERS

    None

  9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. UNDERGROUND DISTRICT UTILITY DISTRICT IN THE AREA FROM AVIATION BLVD, SOUTH TO 6TH STREET AND PACIFIC COAST HIGHWAY TO THE EASTERN CITY LIMITS OR PROSPECT AVENUE. Memorandum from City Manager Stephen Burrell dated August 7, 2003 (PDF File).

      City Manager Burrell presented the staff report and responded to Council questions, stating that the petition could be revised to include a cost range.

      Coming forward to address the Council on this issue were:

      Sandra (no last name given)
      - Hermosa Beach, said that in attendance were 22 people who contacted property owners on their street; said property owners were told that the cost would be between $10,000 and $15,000; said City procedures had been followed, and staff had been provided with a spreadsheet for each street, indicating how property owners voted; said they stopped when the required 60% was achieved;
      Howard Fishman
      - Hermosa Beach, said the process was time consuming so it made sense to stop at 60%; asked that the Council be consistent in approving these requests;
      John Horger
      - Hermosa Beach, referred to the Beach Drive Underground District, which originally had 60% approval, noting that many people no longer wanted undergrounding because of the high cost or other reasons; urged the Council to be cautious with the petition process as it was easy to get signatures on a petition if people do not know the cost; said he hated to see City money spent on engineering if the district was never actually formed; said he was not against undergrounding but thought that the City should be looking at Edison to cover these costs;
      Carol Reznichek
      - Hermosa Beach, agreed that sometimes property owners were not fully aware of what signing the petition meant and unaware of the cost; said property owner lists provided by the City were sometimes inaccurate;
      Charles Wilmot
      - Hermosa Beach, said even though the last two speakers told unfortunate stories, his district had been successful; that the people contacting their neighbors estimated a cost of $10,000 to $15,000, followed the rules with integrity and honesty, and referred people to the City's website;
      Robert Dawby
      - Hermosa Beach, said people were told not to sign the petition if they had any doubts; said the circulators indicated that the cost would be over $10,000;
      Pete Tucker
      - Hermosa Beach, said it was good that this potential district grew so large; said the cost should be lower because of easier access since the streets were wider than those closer to the beach; mentioned proposed PUC legislation that would allow a private contractor, rather than Edison, to do the work, resulting in lower costs;
      Jacques Marine
      - Hermosa Beach, said that the concern seemed to be only because the district was so large; emphasized that undergrounding made the neighborhood more beautiful; and
      No name given
      - Hermosa Beach, discussed another reason for undergrounding, relating a story of a large pepper tree which fell on her house, just missing a power line, noting that those large, old trees had shallow roots in sandy soil which made them very unstable.

      Action: To approve an expenditure of funds to develop the preliminary engineering for the subject area that submitted a petition containing more than 60% of the property owners in the proposed district - the cost estimate for the preliminary engineering for the electric system is $200,000.
      Motion Edgerton, second Mayor Keegan. The motion carried by a unanimous vote.

    2. At 8:36 p.m., the order of the agenda was returned to public hearing item 5(a),

    3. FARMERS' MARKET

      City Manager Burrell reported that, in a effort to increase safety, the Farmers' Market configuration had recently changed so that the trucks were parked along the street, with the booths behind facing away from the street, and the shoppers walking near the edge of the Greenbelt, and that on August 29 the Farmers Market would be moved to the Clark Field parking lot.

  10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  11. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Reviczky to amend the commercial construction standards to be the same as the residential construction standards that require underground utility service for remodeling projects at the 50% level.

      Councilmember Reviczky spoke to his request.

      City Manager Burrell responded to questions.

      Action: To agendize the issue.
      Motion Reviczky, second Dunbabin.

At 8:16 p.m., the order of the agenda was returned to item 7(b).

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

City Attorney Jenkins requested adding an item to the closed session involving potential litigation, which arose after the agenda was posted and required immediate action.

Action: To add to the closed session agenda an item involving potential litigation, as requested by the City Attorney, based on the finding that the issue arose after the agenda was posted and required immediate Council action.
With the unanimous approval of the Council, Mayor Keegan so ordered.

  1. MINUTES: Approval of minutes of Closed Session meeting held on July 22, 2003.

  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: Hallstein v. City of Hermosa Beach
      Case Number: YC044467

    Potential Litigation: Government Code Section 54956.9(c)

    Number of Cases: 1

  3. CONFERENCE WITH LABOR NEGOTIATOR
    Government Code Section 54957.6

    City Negotiator: Stephen Burrell
    Employee Organizations: Hermosa Beach Police Officers Association
    Hermosa Beach Firefighters' Association
    Teamsters Union, Local 911
    Professional and Administrative Employee Group
    Hermosa Beach Management Association
    Hermosa Beach Police Management Association
    Unrepresented employees

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 12, at the hour of 10:25 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened at the hour of 10:30 p.m. At the hour of 11:00 p.m., on Tuesday, August 12, 2003, the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

There were no decisions made requiring a public announcement.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 12, 2003, at the hour of 11:01 p.m. to the Regular Meeting on Tuesday, September 9, 2003, at the hour of 7:10 p.m.