MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, September 13, 2005, at the hour of 7:16 p.m.

PLEDGE OF ALLEGIANCE

Councilmember Art Yoon

ROLL CALL

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

ANNOUNCEMENTS

Councilman Yoon noted it was election day for the 53rd Assembly District and there was still time for those who had not yet voted to get to the polls; and invited the community to come out to the beach for a Coastal Cleanup Day on Saturday, September 17, from 9:00 a.m. to Noon.

Mayor Pro Tempore Tucker announced that two winners (one banner and one pictorial) had been selected for the logo contest for the upcoming Centennial Celebration, with names to be announced later. He thanked everyone who entered, stating that it was hard to choose since there were so many good entries.

Mayor Reviczky said the Movie in the Park event sponsored by Friends of the Parks was attended by 550 adults and children and raised $5,000 for park improvements. He also praised the films shown during the Hermosa Shorts Film Festival, especially the documentary regarding the history of jazz played at the Lighthouse.

PRESENTATION

NICOLE BURKE
STUDENT AMBASSADOR-AT-LARGE
HERMOSA BEACH SISTER CITY ASSOCIATION

Mayor Reviczky presented Nicole Burke with a Certificate of Appreciation and a City pin and she thanked the Council for honoring her with this award.

CLOSED SESSION REPORT FOR MEETING OF AUGUST 9, 2005: No reportable actions.

CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 1, 2005: City Attorney Jenkins said a special closed session meeting was held on September 1, with all the proper noticing, and reported that the City Council had directed him to file a petition with the Court of Appeal regarding the Macpherson oil case.

  1. ORAL AND WRITTEN COMMUNICATIONS

    Coming forward to address the Council at this time were:

    William Davis – Legal counsel for 911 Teamsters; said many members were present and that they were disappointed and angry with contract negotiations that began in June and resulted in a formal impasse because there was no interest on the part of the City to enhance the retirement plan even when employees agreed to pay the extra cost themselves; said these employees who provided many important tasks for the City were tired of being treated like second-class citizens and were asking only for a fair contract;

    Jim Karlock – Hermosa Beach City employee, said the employees and the City should be working together, not in adversarial positions; said one reason, aside from aesthetics, that people wanted to live in Hermosa Beach because of the hard-working City employees; said during negotiations for the last contract, employees agreed to less because they understood that the State of California had no money, but this time around, it was time for the City to make things right;

    Rick Mish – Hermosa Beach City employee, said he had been in the Public Works Department for 20 years and was part of the bargaining unit; said enhanced retirement had been put aside in the last contract negotiations and management said it would be addressed this time but now are completely unwilling to even discuss the subject;

    Mary Watkins – Hermosa Beach City employee, said she had been with the City for almost seven years and took her duties seriously as a professional and a public servant; said anyone who comes to the cashier counter is treated with respect; speculated that what made Hermosa Beach a good place to live was due to the City officials and management and the trickle-down effect to loyal employees; asked for fairness and justice regarding labor contract negotiations; said for years an inequity has existed between her group and the others concerning insurance and deferred compensation benefits; said loyalty was a fragile thing and management’s refusing to bargain with them showed them that only other groups are worthy of consideration;

    Dianne Loughin – Hermosa Beach City employee, said that she was hired to support the City prosecutor, to solve problems with the court, and to coordinate court appearances by Police personnel; said she had children, grandchildren, house and car payments, a college degree and organizational skills; described her salary history over the last 18 years and how it compared with uniformed police officers, particularly in terms of retirement benefits; urged the Council to make those benefits more equitable;

    Ells Freeman – Hermosa Beach City employee, said he was a Public Works crew leader for parks and sewers; said at one time there had been five crew leaders and now there were only three, so his responsibilities had increased over the years; said the employees are dedicated, loyal, and hard working and that improved retirements were a serious issue for them; asked the Council to consider better retirement for employees, many of whom had worked for the City from 20 to 30 years;

    Barbara Warner – Hermosa Beach City employee, said she has been a Finance Cashier with the City for 13 years and wanted to fight for her welfare and that of her fellow employees; said her fellow workers were good people many of whom had worked for the City for five to 20 years supporting the citizens of Hermosa Beach; urged the Council to assist these employees;

    Carlos Herrera – Hermosa Beach City employee, said he had worked for the City for 33 years as a Public Works crew leader for street maintenance and traffic safety and had lived in the City for 22 years; said there were many dedicated, long-term employees who had been patiently waiting to get a better contract while seeing other groups within the City receive improved benefits;

    Victor Jackson – Hermosa Beach City employee, said he was a Public Works inspector; asked the Council to take care of the employees as a parent would take care of a child; said that it was important that loyal City employees be treated equitably between the various labor groups; and,

    Martha Philippoff – Hermosa Beach Library Manager, invited the community to the Friends of the Library Book Sale on Saturday, September 17, from 9:30 a.m. to 12:30 p.m., at 1309 Bard Street; announced that the library was sponsoring a program on how to start a home-based business on Saturday, October 8, at 11:00 a.m.

    a. Letter from Keala F. Smith requesting City Council consideration of increased penalties for parking across sidewalks.

    Coming forward to address the Council on this item were:

    Keala Smith – Hermosa Beach, commented on her letter and described hitting her head on a car bumper because of a violation of this type; presented photographs illustrating different versions of the problem; said she did not blame the City but asked for stricter enforcement of the State Vehicle Code section which did not allow cars to be parked on any part of the sidewalk; said the problem is so widespread that property owners seem to think they have been grandfathered to violate this State law; said many tickets had been given to some people but that the $35 fine was not a deterrent and it should be increased; and,

    Patty Egerer – Hermosa Beach, provided related information regarding parking on the sidewalk stating that, in some instances, property owners had built retaining walls into the public right-of-way, which was a related problem.

    City Manager Burrell responded to Council questions.

    Action: To receive and file the letter with direction to staff to be more proactive and step up enforcement.

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

    Further Action: To direct staff to return with enforcement mechanism for repeat offenders.

    Motion Tucker, second Keegan. The motion carried, noting the dissenting vote of Edgerton.

  2. CONSENT CALENDAR:

    Action:To approve the consent calendar recommendations (a) through (q) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(b) Tucker, (e) Mayor Reviczky, and (k) Edgerton.
    Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 9, 2005.

      Action: To approve the minutes of the Regular Meeting of August 9, 2005, as presented.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41164 THROUGH 41529 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 41197 AND 41278, AS RECOMMENDED BY THE CITY TREASURER.

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

      City Manager Burrell responded to Council questions regarding the management services of Harris & Associates and the request to account for the time spent by this firm in managing work as the project wound down to completion.

      Action: To ratify the check register as presented.
      Motion Tucker, second Edgerton. The motion carried by a unanimous vote.

    3. RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

      Action: To receive and file Tentative Future Agenda Items as presented.

    4. RECOMMENDATION TO RECEIVE AND FILE THE JULY 2005 FINANCIAL REPORTS:

      (1) Revenue and expenditure report;
      (2) City Treasurer's report; and
      (3) Investment report.

      Action : To receive and file the July 2005 financial reports.

    5. RECOMMENDATION TO ACCEPT DONATIONS OF $3,650 FROM AYSO REGION 18 TO BE USED FOR COMMUNITY RESOURCES PROGRAM MATERIALS; $421.91 FROM ANONYMOUS DONORS FROM A COLLECTION TAKEN AT THE SUNSET CONCERT ON 7/31/05 TO BE USED FOR THE SUNSET CONCERT SERIES FY 05-06; AND, $1,100 FROM ANONYMOUS DONORS FROM A COLLECTION TAKEN AT THE SUNSET CONCERT ON 8/7/05 TO BE USED FOR THE SUNSET CONCERT SERIES FY 05-06. Memorandum from Finance Director Viki Copeland dated August 22, 2005.

      This item was removed from the consent calendar by Mayor Reviczky in order to acknowledge and thank the donors.

      Action: To accept the following donations:
      (1) $3,650 from AYSO Region 18 to be used for Community Resources program materials;
      (2) $421.91 from anonymous donors from a collection taken at the Sunset Concert on July 31, 2005, to be used for the Sunset Concert Series FY 05-06; and,
      (3) $1,100 from anonymous donors from a collection taken at the Sunset Concert on August 7, 2005, to be used for the Sunset Concert Series FY 05-06.
      Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.

    6. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated August 17, 2005.

      Action To receive and file report of Customer Service Surveys/Complaints.

    7. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated August 16, 2005.

      Action : To receive and file Project Status Report of capital improvement projects that are either under design or construction as of July 31, 2005.

    8. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 2005.

      Action :To receive and file the action minutes of the Planning Commission meeting of August 16, 2005.

    9. RECOMMENDATION TO ADOPT RESOLUTION COMMEMORATING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ 40 YEARS OF SERVICE TO THE SOUTHERN CALIFORNIA REGION. Memorandum from City Manager Stephen Burrell dated August 25, 2005.

      Action :To approve the staff recommendation to adopt Resolution No. 05-6419, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, COMMEMORATING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ 40 YEARS OF SERVICE TO THE SOUTHERN CALIFORNIA REGION.”

    10. RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 30, 2005.

      Action : To receive and file notice of closed claims.

    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 August 29, 2005.

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

      City Manager Burrell and City Attorney Jenkins responded to Council questions.

      Claimant: Loberg, Teresa
      Date of Loss: 06-29-05
      Date Filed: 08-25-05
      Allegation: Property Damage

      Claimant: Quality Inn & Suites
      Date of Loss: 04-21-05
      Date Filed: 08-08-05
      Allegation: Cross-complaint for personal injury

      Claimant: Ramirez, Jaime
      Date of Loss: 08-01-05
      Date Filed: 08-01-05
      Allegation: Employment Discrimination

      Claimant: Brutsch, Gary
      Date of Loss: 04-27-05
      Date Filed: 07-13-05
      Allegation: Property Damage

      Action : To deny the above-noted claims, except for the Teresa Loberg claim, and refer them to the City’s Liability Claims Administrator.
      Motion Yoon, second Edgerton. The motion carried by a unanimous vote.

      Further Action: To direct staff to return with a report on the Teresa Loberg claim for the next Council meeting on September 27, 2005.
      Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky.

    12. RECOMMENDATION TO ADOPT RESOLUTION REFLECTING THE CITY COUNCIL’S ACTION TO SUSTAIN THE PLANNING COMMISSION DECISION TO DENY A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR 19 SECOND STREET.Memorandum from Community Development Director Sol Blumenfeld dated August 30, 2005.

      Action :To approve the staff recommendation to adopt Resolution No. 05-6420, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DENIAL OF A REQUEST FOR A GENERAL PLAN AMENDMENT FROM NEIGHBORHOOD COMMERCIAL (NC) TO HIGH DENSITY RESIDENTIAL (HD) AND A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO MULTI-FAMILY RESIDENTIAL (R-3) FOR THE PROPERTY LOCATED AT 19 SECOND STREET AND LEGALLY DESCRIBED AS LOT 12, BLOCK 3, HERMOSA BEACH TRACT.”

    13. 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 September 1, 2005.

      Claimant: Strasberg, Stanley
      Date of Loss: 06-24-05
      Date Filed: 08-29-05
      Allegation: Breech of contract

      Action : To deny the above-noted claim and refer it to the City’s Liability Claims Administrator.

    14. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP NO. 061176 FOR A TW0 UNIT CONDO AT 165 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated September 6, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6421, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 061176 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 165 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA.”

    15. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 7, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6422, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT EMPLOYEES’ BARGAINING UNIT.”

    16. RECOMMENDATION TO ADOPT RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES’ GROUP.Memorandum from Personnel Director/Risk Manager Michael Earl dated September 8, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6423, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES BARGAINING UNIT.”

    17. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS.Memorandum from Personnel Director/Risk Manager Michael Earl dated September 8, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6424, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING SALARY AND BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS.”

      At 8:05 p.m., the order of the agenda was suspended to go to public hearing items 5 (a) and (b).

  3. CONSENT ORDINANCES

    NONE

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(b), (e) and (k) 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 9:05, the order of the agenda went to item 7(a).

  5. PUBLIC HEARINGS

    1. AMENDMENT TO BUILDING CODE CHAPTER 15.04 TO REQUIRE THE EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW GRADE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE (HBMC). Memorandum from Community Development Director Sol Blumenfeld dated August 22, 2005.

      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 8:20 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:20 p.m.

      Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1253, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW GRADE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE,” with the waiver amended to include language regarding excessive rain and tidal surges being out of anyone’s control and not constituting negligence on the City’s part. Motion Yoon, second Tucker. The motion carried by a unanimous vote.

    2. CONTINUATION OF PUBLIC HEARING FROM AUGUST 13, 2005, CONSIDERATION OF NEW AND UPDATED CITY USER FEES. Memorandum from Finance Director Viki Copeland dated August 23, 2005.

      Finance Director Copeland presented the staff report and responded to Council questions. Subcommittee members Mayor Reviczky and Councilmember Edgerton reported on an August 29 meeting with Finance Director Copeland and City Manager Burrell.

      The public hearing opened at 8:27 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:27 p.m.

      Action: To approve the staff recommendation to:
      (1) Adopt the fees contained in the User Fee Study compiled by Maximus; and approve implementing the CPI increase 9/1/06;
      (2) Adopt miscellaneous fees as updated by City staff (not included in the User Fee Study);
      (3) Adopt Resolution No. 05-6425, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-5422 (MASTER FEE RESOLUTION) TO ADD NEW FEES AND UPDATE EXISTING FEES TO RECOVER COSTS OF PROVIDING THE SERVICE,” amended to phase in gradually over three years the increases for the following: CUP Commercial Amendment, CUP Minor Amendment, CUP Fences for Walls, Environmental Assessment, Final Tentative Map Extension, and Final Map.
      Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Yoon.

  6. MUNICIPAL MATTERS

    1. ADDITION TO MULTI-YEAR AGREEMENT BETWEEN THE CITY AND HERMOSA BEACH CHAMBER OF COMMERCE TO USE PROPOSITION A TRANSIT FUNDS FOR TRANSPORTATION AT THE FIESTA HERMOSA. Memorandum from City Manager Stephen Burrell dated August 18, 2005.

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

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

      Coming forward to address the Council on this issue was:

      Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, urged the Council to approve the staff recommendation to utilize Proposition A transit funds for the shuttle bus transportation from Northrop and Mira Costa High School; said that this funding would insure the continuation of this service which decreased traffic congestion in the City during the fiestas.

      Action: To approve the addition of a clause to the agreement to provide funding from Proposition A Transit Funds for transportation at the two Fiesta Hermosa events. Motion Keegan, second Yoon. The motion carried by a unanimous vote.

    2. INTRODUCTION OF AN ORDINANCE TO REPEAL CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) RELATING TO PARKING FUNDS. Memorandum from Finance Director Viki Copeland dated August 16, 2005.

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

      Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1254, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL CODE,” noting that these were obsolete Municipal Code sections that should have been deleted with the formation of the Downtown Enhancement Fund; that the Downtown Enhancement Fund would still receive a separate detailed accounting of all parking revenue from the parking structure and the attended Lot A; and, that revenue from the parking meters and metered Lots B, D, and G (Lot H was recently sold) would still go into the Parking Fund as a line item in the General Fund.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

      At 8:47 p.m., the order of the agenda returned to item 4, consent calendar items pulled for separate discussion.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. PIER PHASE III COMPLETION AND SELECTION OF A DATE FOR THE DEDICATION CEREMONY. Memorandum from City Manager Stephen Burrell dated August 25, 2005.

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

      Coming forward to address the Council on this item was:
      Patty Egerer – Hermosa Beach, asked that City residents be mentioned on the plaque.

      Action: To approve the staff recommendation to:
      (1) Select the date of Sunday, November 20, for the ceremony, subject to the availability of the Schumacher family; and,
      (2) Approve the project dedication plaque as presented and direct staff to have it made without change.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
      Proposed Action: To acknowledge on the plaque the assistance of all Councilmembers in the past twelve years, the period of which was required to complete this project.
      Motion Mayor Reviczky. The motion died for lack of a second.

    2. U.S. NAVY PORT CALL – USS FORD: FRIDAY, SEPTEMBER 16, 2005, THROUGH MONDAY, SEPTEMBER 19, 2005. Memorandum from City Manager Stephen Burrell dated September 1, 2005.

      City Manager Burrell presented the staff report and responded to Council questions, noting that the barbeque host would be the King Harbor Yacht Club, rather than the Redondo Beach Yacht Club.

      Action: To receive and file the report, as corrected above, acknowledging the port call and the various activities associated with it.
      Motion Edgerton, second Tucker. The motion carried by a unanimous vote.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    NONE

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilmember Keegan to discuss establishing a sister city relationship with a Mississippi coastal city in order to provide assistance following the devastation of Hurricane Katrina. Councilmember Keegan withdrew his request and instead announced a charitable event to raise funds for Kelly Walsh, a former Hermosa Beach resident, whose skate park business in Louisiana was destroyed by the hurricane, along with the homes of his parents and his in-laws. He said the event, including a silent auction, would take place Wednesday, September 28, at 6:00 p.m. at Sangria, noting that he had spoken to City Manager Burrell about the possibility of establishing that date as Kelly Walsh Day.

      Action: To establish a Beach Cities Hurricane Relief Drive, requesting that Redondo Beach and Manhattan Beach be asked to participate, for the collection of needed goods for the affected gulf states, tentatively scheduled for Saturday, October 16, making sure the event did not conflict with the Woman’s Club Pancake Breakfast.
      Motion Edgerton, second Tucker. Motion approved by Council consensus.

  10. 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 August 9, 2005.

    2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation

      Government Code Section 54956.9(a)

      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.

      Name of Case: Macpherson v. City of Hermosa Beach
      Case Number: BC172546

    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

    4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
      Government Code Section 54957

      Title: CITY MANAGER

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 13, 2005, at the hour of 9:38 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, September 13, 2005, at the hour of 9:58 p.m. At the hour of 10:13 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, September 13, 2005, at the hour of 10:14 p.m. to the Regular Meeting of September 27, 2005, at 7:10 p.m.