Council Minutes

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, August 10, 2004, at the hour of 7:12 p.m.

PLEDGE OF ALLEGIANCE

Pat Love

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Tucker announced that the Tim Kelly statue would be removed from the pier head tomorrow morning to begin the estimated eight-month process of recasting it in bronze, noting that the goal has almost been reached by two enjoyable fundraisers, with contributions still coming in, and that any surplus funds would go to scholarships for the Junior Lifeguard Program.

Councilmember Keegan announced the launching of the City's WiFi program on August 11, with kickoff events at 4 p.m. at the Community Center and at Sangria. He estimated that 35% of the City should be able to receive the signal from this first installation.

City Manager Burrell requested that the Council consider adding to the agenda as item 7(b) a request for a September 23 Sheryl Crow beach concert, which was received after the agenda was posted and required action prior to the next regular meeting of September 14.

ACTION

To add to tonight's agenda a discussion of the concert request based on the findings that the issue arose after the posting of the agenda and requires immediate action.

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

Mayor Yoon announced that he needed to change his "office hours" at Java Man for the next two weeks as follows: Monday, August 16 at 7 a.m. instead of in the evening, and Thursday, August 26 at 7 p.m. instead of Monday, August 30. He noted that the Hermosa Shorts Film Festival would take place at the Community Center on August 20-22. He asked if the Los Angeles Vector Control could attend the September 14 Council meeting to provide information to concerned residents. (City Manager Burrell said that he would investigate the possibility.)

PRESENTATIONS

Mayor Yoon presented City plaques of appreciation to former Planning Commissioner Langley Kersenboom and former Board of Appeals member D.B. "Bud" Murry commending and thanking them for their service to the community.

PUBLIC PARTICIPATION:

There were no written communications this evening.

Coming forward at this time to address the Council were:

Captain Manuel Hernandez - U.S. Army Company Commander, U.S. Army Recruiting Company, Torrance, CA, brought to the attention of the Council and Hermosa Beach residents the fact that they are available to cities for judging or other similar type of community participation in which a good citizen role model would be welcome; said the Army provided cooks for a recent Torrance food and wine festival;

Sharon McClain - Hermosa Beach School District Superintendent, expressed the School District's interest in participating in the Community Energy Partnership (agenda item 7a); and

John Hales - Hermosa Beach, observed that the downtown parking structure had mostly compact spaces and large SUVs trying to fit into the small spaces take part of the adjacent space; suggested that the spaces be made larger to accommodate the larger vehicles and that the County help fund the reconfiguration as they did with the initial construction.

  1. 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: (f) Reviczky and (g) Edgerton. Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

    At 7:32 p.m., the order of the agenda was suspended to go to public hearing item 5(a).

    1. RECOMMENDATION TO APPROVE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 27, 2004.(PDF File).

      Action: To approve as presented the City Council minutes of the Regular Adjourned meeting of July 27, 2004.

    2. RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 37361 THROUGH 37543 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 37177 AND 37475, 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).

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

    4. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS.Memorandum from City Clerk Elaine Doerfling dated August 1, 2004.(PDF File).

      Action: To receive and file report of Customer Service Surveys/Complaints, as recommended.

    5. 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 August 2, 2004.(PDF File).

      Claimant:Morales, Michael
      Date of Loss:06-04-04
      Date Filed07-28-04
      Allegation:Police Misconduct
      Claimant:Alba, Michael
      Date of Loss:01-20-04
      Date Filed07-19-04
      Allegation:Police Misconduct

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

    6. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 21, 2004. (PDF File).

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

      City Attorney Jenkins responded to Council questions.

      Action: To review and reconsider the Commission's action with regard to the number of green parking spaces in front of Triangle Hardware. Motion Reviczky, second Tucker.

      City Manager Burrell said the matter would probably be on the September 14 City Council agenda.

      Further Action: To receive and file the action minutes of the Public Works Commission meeting of July 21, 2004.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    7. RECOMMENDATION TO ACCEPT DONATIONS OF $2,500 FROM 24 HOUR FITNESS TO BE USED FOR THE SUNSET CONCERTS AND EQUIPMENT VALUED AT $312 FROM HERMOSA CYCLERY TO BE USED BY THE POLICE DEPARTMENT BIKE PATROL. Memorandum from Finance Director Viki Copeland dated August 3, 2004. (PDF File).

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

      Action: To accept the following donations:
      1 - $2,500 from 24 Hour Fitness to be used for Sunset Concerts
      2 - $ 312 in equipment from Hermosa Cyclery to be used by the Police Department Bike Patrol.
      Motion Reviczky, second Tucker. The motion carried by a unanimous vote.

    8. RECOMMENDATION TO AWARD THREE-YEAR CONTRACT TO KONE ELEVATOR INC. TO PROVIDE MAINTENANCE AND EMERGENCY RESPONSE SERVICES FOR THE TWO CITY-OWNED ELEVATORS FOR THE FIXED ANNUAL CONTRACT AMOUNT OF $3,420 (LESS 2% FOR ANNUAL PRE-PAYMENT) AND AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated August 4, 2004.(PDF File).

      Action: To approve the staff recommendation to:

      1. Award three-year contract to Kone Elevator Inc. to provide maintenance and emergency response services for the two city-owned elevators for the fixed annual contract amount of $3,420 (less 2% for annual pre-payment); and
      2. Authorize the City Clerk to attest and the Mayor to execute agreement upon approval as to form by the City Attorney.
    9. RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO J.C. CHANG & ASSOCIATES, INC. FOR AN AMOUNT NOT TO EXCEED $48,430 FOR 02-626 COMMUNITY CENTER THEATER ADA UPGRADES, PHASES 3 & 4 AND AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated August 3, 2004. (PDF File).

      Action: To approve the staff recommendation to:

      1. Award a Professional Services Agreement to J.C. Chang & Associates, Inc. for an amount not to exceed $48,430 for 02-626 Community Center Theater ADA Upgrades, Phases 3 & 4; and
      2. Authorize the City Clerk to attest and the Mayor to execute agreement upon approval as to form by the City Attorney.
    10. RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO AAE, INC. FOR PROVIDING CITY TRAFFIC ENGINEERING SERVICES ON A COST-PLUS BASIS NOT TO EXCEED $20,000; AUTHORIZE THE MAYOR TO EXECUTE AND CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH AAE, INC. FOR SERVICES IN THE FY 2005-06. Memorandum from Public Works Director Richard Morgan dated August 3, 2004. (PDF File).

      Action: To approve the staff recommendation to:

      1. Award a Professional Services Agreement to AAE, Inc. for providing City Traffic Engineering Services on a cost-plus basis not to exceed $20,000;
      2. Authorize the Mayor to execute and City Clerk to attest the agreement subject to approval by the City Attorney; and
      3. Authorize staff to negotiate an agreement with AAE, Inc. for services in the FY 2005-06.
    11. 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 3, 2004.(PDF File).

      Claimant:Simeoni, Christine
      Date of Loss:07-19-04
      Date Filed:08-02-04
      Allegation:Vehicle Damage

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

    12. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE IMPLEMENTATION OF A FORMALIZED LOAN AGREEMENT BETWEEN THE CITIES OF REDONDO BEACH, HERMOSA BEACH, MANHATTAN BEACH AND EL SEGUNDO FIRE DEPARTMENTS. Memorandum from Fire Chief Russell Tingley dated August 3, 2004. (PDF File).

      Action: To approve the staff recommendation to adopt Resolution No. 04-6353, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE IMPLEMENTATION OF A FORMALIZED FIRE APPARATUS AND EQUIPMENT LOAN AGREEMENT BETWEEN THE CITIES OF REDONDO BEACH, HERMOSA BEACH, MANHATTAN BEACH AND EL SEGUNDO FIRE DEPARTMENTS."

    13. RECOMMENDATION TO AUTHORIZE THE BID AWARD FOR THE INTERIOR PAINTING OF THE FIRE STATION TO PAINTING AND DÉCOR LTD AND RE-APPROPRIATE $8,570 FROM THE 2003-04 BUDGET TO THE 2004-05 BUDGET.Memorandum from Fire Chief Russell Tingley dated August 3, 2004.(PDF File).

      Action: To authorize the bid award for the interior painting of the fire station to Painting and DÉcor LTD and re-appropriate $8,570 from the 2003-04 budget to the 2004-05 budget, as recommended by staff.

  2. CONSENT ORDINANCES

    1. ORDINANCE NO. 04-1242 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS WITH UPDATED STRUCTURAL AMENDMENTS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE." (PDF File).
      For adoption. Memorandum from City Clerk Elaine Doerfling dated August 4, 2004.(PDF File).
    2. Action: To waive full reading and adopt Ordinance No. 04-1242. Motion Edgerton, second Tucker. The motion carried by the following vote:

      AYES:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
      NOES:None
      ABSENT:None
      ABSTAIN:None

      At 10:03, the order of the agenda moved to 6(c)

  3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(f) 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.

    At 9:58, the order of the agenda went to item 3(a)

  4. PUBLIC HEARINGS

    1. 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 July 26, 2004.

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

      The public hearing opened at 7:33 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:33 p.m.

      Action: To approve the staff recommendation to adopt Resolution No. 04-6354, 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 Tucker. The motion carried by a unanimous vote.

    2. DISCUSSION OF PROPOSED VACATION AND ABANDONMENT OF A PORTION OF 30TH STREET FROM PACIFIC COAST HIGHWAY, APPROXIMATELY 100 FEET TO THE WESTERLY EDGE OF THE SOUTH BAY BMW PROPERTY, NORTH SIDE OF 30TH STREET. Memorandum from Public Works Director Richard Morgan dated August 3, 2004. Supplemental email from Jim Deutsch received August 9, 2004, and supplemental letter from Mary Saxe received August 10, 2004.(PDF File).

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

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

      Butch Kuflak - Hermosa Beach, said the signal at Sepulveda and Longfellow created problems for the residents; expressed concern about the high volume of traffic on a street that is not wide enough to allow two cars to pass each other; suggested removal of that signal to direct traffic away from the residential area, and the installation of a signal at 30th Street as opposed to the proposed street closure, which would make access difficult for emergency vehicles;

      Jack_Hudgens - Hermosa Beach, said closure of 30th Street would increase safety problems in an area already complicated by not allowing u-turns at intersections and double parking by parents picking up children at the day care center; said the situation would be even worse when the Skechers facility is built;

      Robin Rogers - Hermosa Beach, said Longfellow would be heavily impacted by the closure of 30th Street, since street closures move over to other streets; said safety concerns represented the biggest issue; asked audience members opposed to the street closure to stand;

      Bruce Schuman - Hermosa Beach, asked the dealership's intention if 30th Street were not closed; suggested that the entrance to the new business be moved to the middle of the block, the location of the current service entrance (City Manager Burrell said the street closure was requested by the dealership and that he did not know what their decision would be if the closure is not approve);

      Garrison Frost - Hermosa Beach, presented a petition with 21 additional signatures of residents who opposed the closure of 30th Street; said Hermosa Beach citizens rather than the car dealership should be considered; said he did not think the sales tax to be gained from the new business would be as much as proposed; opposed giving the dealership a rebate on sales tax;

      Steve Bohm - Hermosa Beach, addressed the accuracy of the traffic study, noting that he was told by a Public Works employee that no data was received at one of the traffic counter sites because the equipment had not been set up correctly; asked if the City had accurate traffic counts (Director Morgan said that he had no knowledge of the problem and that written printouts were received at each location);

      John Elder - Hermosa Beach, spoke of the difficulty he had backing out of his driveway on Longfellow due to the amount of traffic and said the proposed closure of 30th Street would make it worse; said drivers constantly used his double-wide driveway as a turn-around since no U-turn was permitted;

      J.C. Agajanian, Jr. - Hermosa Beach, suggested moving the traffic signal to Keats and Sepulveda, which would also provide access to Mira Costa High School and therefore be a win-win situation for all concerned;

      Sara Content - Hermosa Beach, was concerned about being isolated on 30th Street if the street were closed because it would be difficult for public safety vehicles to quickly and safely access the neighborhood in the event of an emergency situation;

      Craig Benjamin - Hermosa Beach, said he also found it difficult to back out of his driveway because drivers travel too fast on Longfellow, which is a narrow street; expressed concern about the safety of his two young children and said the closure of 30th Street would increase those safety concerns;

      John Schustak - owner of property in the neighborhood, said his tenants tell him that BMW has been a good neighbor; asked if there would be pedestrian access to Sepulveda if 30th Street is closed (City Manager Burrell said it would be possible to maintain pedestrian access);

      Richard Lucy - Hermosa Beach, said he and his family had discussed this proposal at length and felt that the dealership should be given the closure they have requested in order to preserve a profitable business that contributes sales tax to the City; said that he was willing to be inconvenienced by driving the extra block to get in and out; said he currently uses 30th Street only when he will be turning south on Sepulveda and uses Longfellow to turn left at the signal;

      Helene Frost - Hermosa Beach, said her biggest concern was safety with the difficulty of access to 30th Street by emergency vehicles;

      Cynthia Tindle - Hermosa Beach, said she would not mind less traffic on 30th Street where she lives but did not feel it was fair to divert their traffic onto Longfellow; said she did not want the dealership to use 30th Street or any other neighborhood street for their test runs while repairing cars;

      Bill Austin - Hermosa Beach, said this was a difficult decision and it was important to know how adamant the dealership was about the need for the street closure; thought alternative action should be investigated;

      Chris Howell - Hermosa Beach, said accommodations should be made for the dealership to build this facility and keep their business in Hermosa Beach; said his neighbors were concerned that their quality of life would be diminished but he felt in the long term the City and its residents would benefit by granting the request of the dealership; said if the dealership did not rebuild at this location, two smaller businesses could be created which could have longer business operation hours and more traffic, customers, and employees;

      Julie Namath - Hermosa Beach, hoped the dealership would remain because it has been a profitable business contributing much sales tax to the City; did not think denial of the street closure would cause a change of mind about the new facility; said she opposed the requested street closure because it would create additional traffic on Longfellow; and

      Rosemary (no last name given) - Hermosa Beach, said cars go up and down very fast on 30th Street; said on one occasion her parked car was hit and another time a collision was narrowly avoided when she was backing out of her driveway; said many people do not obey the stop sign at 30th Street and Ardmore; said a neighbor on 30th Street lost a dog and she did not want to see someone lose a child.

      The public hearing closed at 8:25 p.m.

      Action: To abandon vacation proceedings and take no further action.
      Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Reviczky.

      The meeting recessed at 8:37 p.m.
      The meeting reconvened at 8:52 p.m., with item 7(a).

  5. MUNICIPAL MATTERS

    1. STREETLIGHT ELIMINATION Memorandum from Public Works Director Richard Morgan dated August 2, 2004. Supplemental letter from Howard Longacre received August 9, 2004, and additional written information from Director Morgan dated August 9, 2004.(PDF File).

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

      Coming forward to address the Council on this item was:

      Pat Love - Hermosa Beach, said she was speaking on behalf of her neighbors Virginia and Bob Schaal, whose letter was part of the agenda packet; said Virginia walks home from work at night and is concerned about the danger of having less light; said the Schaal's home is not in the test area.

      Action: To authorize the removal of designated streetlights in the northwest portion of the City as a test project before proceeding citywide, as recommended by staff, and to establish a subcommittee of Mayor Pro Tempore Reviczky and Councilmember Tucker to monitor the test area and make adjustments as necessary, and review the test results.
      Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Mayor Yoon.

      At 9:20 p.m., the order of the agenda went to item 7(b).

    2. PROJECT NO. CIP 00-630 PIER RENOVATION - PHASE III, AWARD CONSTRUCTION CONTRACT, APPROPRIATE FUNDS, AND APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT. Memorandum from Public Works Director Richard Morgan dated August 2, 2004. (PDF File).

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

      Action:

      1. Award the Construction Contract to George C. Hopkins Construction Company, Inc. in the amount of $4,782,000.00 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney;
      2. Authorize the reduction in the amount of $75,000 from the 122 Tyco Fund;
      3. Authorize the appropriation of $100,000 from the 125 Park & Recreation Fund;
      4. Authorize the appropriation of $500,000 from the 302 Artesia Blvd. Relinquishment Fund;
      5. Authorize the appropriation of $51,991 from the 150 Roberti Z'berg-Harris Grant Fund;
      6. Authorize the appropriation of $220,000 from the 150 Per Capita Grant Fund;
      7. Authorize the appropriation of $291,263 from the 301 Capital Improvement Fund;
      8. Authorize the re-appropriation of $100,000 from Project No. CIP 03-109 Concrete Road Repair - Various Locations, 301 Capital Improvement Fund, into this project;
      9. Authorize the re-appropriation of $120,000 from Project No. CIP 03-110 Slurry Seal - Various Locations, 301 Capital Improvement Fund, into this project;
      10. Authorize the Director of Public Works to make minor changes to the George C. Hopkins Construction Company, Inc. contract as necessary within the 5% contingency amount of $239,100; and
      11. Approve the Professional Services Agreement between the City of Hermosa Beach and Ron Yeo Architects for construction support services in an amount not-to-exceed $30,000.

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

      At 9:03, the order of the agenda moved to item 6(a)

    3. REPORT ON PURCHASE OF CHANGE MACHINES FOR UPPER PIER AVENUE. Memorandum from Finance Director Viki Copeland dated August 5, 2004.(PDF File).

      Finance Director Copeland presented the staff report and responded to Council questions.

      Action: To direct staff to purchase a coin machine for placement in the Laundromat on Pier Avenue, with the owner to be responsible for servicing the machine as one of his own (with concurrence of the owner). Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

      At 9:54, the order of the agenda moved to item 8(a).

  6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. COMMUNITY ENERGY PARTNERSHIP RESOLUTION APPROVING PARTICIPATION AND APPROVAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COALITION. Memorandum from City Manager Stephen Burrell dated August 2, 2004.(PDF File).

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

      Action: To approve the staff recommendation to adopt Resolution No. 04-6355, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COALITION, A CALIFORNIA NON-PROFIT CORPORATION."
      Motion Keegan second Reviczky. The motion carried by a unanimous vote.

      At 8:53 p.m., the order of the agenda went to 6(b).

    2. CONSIDERATION OF A REQUEST FROM IMG TO PRODUCE A CONCERT ON THE BEACH FEATURING SHERYL CROW, THURSDAY, SEPTEMBER 23, 2004. Memorandum from Lisa Lynn, Community Resources Department. (This item was added to the agenda this evening by a unanimous vote.)

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

      Coming forward to address the Council on this item was:

      James Leitz - IMG, said that the event came to them late as well, after problems with another City and IMG was called because of their relationship with Coastal cities; said their job was to create a seamless production, with traffic control etc.; expressed appreciation to city staff who pulled together quickly to make this report available to the Council this evening; said that Momentum, the producer of this event, is a first-class, professional organization and this would be a good opportunity which would benefit the Hermosa Beach citizens; spoke of the short time frame and the need of the event sponsor, American Express, to act quickly.

      Councilmember Edgerton left the dais and the room at 9:42 p.m. due to a potential conflict of interest since American Express is a client of his law firm.

      Action: To adjourn tonight's regular meeting, with proper noticing, to 6 p.m. Friday, August 13, 2004, and to continue this item to that meeting, at which time the Council would have the opportunity to review the request and the details of the agreement, receive public input, and make a decision about whether or not to approve the event.
      Motion Mayor Yoon, second Reviczky. The motion carried, noting the absence of Councilmember Edgerton, who did not take part in the consideration of this item since one of his major clients is American Express, an organization involved in the concert.

      At 9:42, the order of the agenda went to item 4(a), removed consent calendar items.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    1. VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated July 31, 2004.(PDF File).

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

      Action: To direct the City Clerk to immediately advertise and request applications from interested parties for three Public Works Commission terms that will expire October 31, 2004, with appointments to be made at the regular Council meeting of October 26, 2004.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    2. CABLE TELEVISION ADVISORY COMMISSION APPLICATIONS. Memorandum from City Clerk Elaine Doerfling dated August 5, 2004.(PDF File).

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

      Action: To schedule a meeting at 6 p.m. prior to the regular meeting of September 14, 2004 for the purpose of interviewing applicants for the Cable Television Advisory Commission, with appointment to be made at the regular meeting.
      Motion Reviczky, second Tucker. The motion carried by a unanimous vote.

  8. OTHER MATTERS - CITY COUNCIL

    None

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 July 27, 2004.

    1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
      Government Code Section 54956.8

      Property: 552 11th Place, APN: 4187-020-044
      Negotiating Parties: Stephen Burrell & Stephen Grossman
      Under Negotiation: Price & Terms of Payment

    2. Property: 75 14th Street, APN: 4183-003-905
      Negotiating Parties: Stephen Burrell & Norma Navarro
      Under Negotiation: Price & Terms of Payment

  2. LIABILITY CLAIMS
    Government Code Section 54956.95

    1. Claimant: Gaspard Patterson
      Claim Against:

      Claimant:Bernhard Rohrbacher and Victor Narro
      Claim Against:

ADJOURN TO CLOSED SESSION The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 10, 2004, at the hour of 9:55 p.m. to a closed session.

RECONVENE TO OPEN SESSION The Closed Session convened on Tuesday, August 10, 2004, at the hour of 10:05 p.m. At the hour of 10:40 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, August 10, 2004, at the hour of 10:41 p.m. to an Adjourned Regular Meeting on Friday. August 13, at 6:00 p.m.