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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, May 9, 2006, at the hour of 7:14 p.m.

PLEDGE OF ALLEGIANCE

Michael DiVirgilio

ROLL CALL

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

ANNOUNCEMENTS

Councilman Reviczky commented on the fire at Baja Sharkeez on Pier Plaza today and commended the Hermosa Beach Fire Department and other fire departments from surrounding cities for their efforts in saving the surrounding businesses; stressed the importance of quick action in a densely populated community like Hermosa Beach and said everything worked as it should; said it was a difficult fire to extinguish, with water being put on it for five hours and flare-ups even into the evening; said the damage was limited because of the action of Joline at Cantina Real reporting the fire at 4:30 a.m. while she was preparing for a morning catering job; said the kind gestures of Starbucks, Subway and Hennessey’s providing food and drink for the firefighters were much appreciated;

Mayor Pro Tempore Edgerton noted that because of the fire about 20 people working at Baja Sharkeez are suddenly unemployed and asked for similar businesses to provide jobs if possible; suggested potential employers call City Manager Steve Burrell, the Chamber of Commerce, or email him to make contact with these displaced employees;

Mayor Tucker also commended all the fire departments and the Hermosa Beach Public Works Department for taking care of the difficult fire in the attic and the cleanup, noted the important fact that no water or alcohol went into the ocean but into the sewer system, thereby protecting the ocean and its marine life. He invited the community to the Neighborhood Watch Block Captain’s Open House on Saturday, May 20, from Noon to 4:00 p.m. at City Hall, noting there would be information and demonstrations, including a simulation of an 8.0 earthquake.

City Manager Burrell expressed thanks to the Hermosa Beach Fire Department and Public Works Department, as well as Fire Departments from Redondo Beach, Manhattan Beach, El Segundo, Torrance, and Los Angeles County; and also to the County’s Sanitation and Flood Control Districts, with a special thank you to Supervisor Don Knabe’s office, and also to City contractors Cleanstreet and Empire Sewer, whose employees function like City staff.

PROCLAMATIONS / PRESENTATIONS

NATIONAL PUBLIC WORKS WEEK MAY 21-27, 2006

Mayor Tucker read and presented a proclamation to Public Works Director Rick Morgan proclaiming National Public Works Week and listing all the critical tasks the department performs for the City, including playing a major role in helping with the fire today.

Public Works Director Morgan thanked the Mayor and his department’s dedicated employees.

CLOSED SESSION REPORT FOR MEETING OF APRIL 25, 2006: NO REPORTABLE ACTIONS.

PUBLIC PARTICIPATION:

1. ORAL AND WRITTEN COMMUNICATIONS

   1. Letter from Tim Lovekin dated May 2, 2006, regarding the 726 Prospect Avenue lot merger.

      Coming forward to address the Council on this letter were:

      Tim Lovekin – Hermosa Beach, read his letter, which expressed concern about the Council’s decision at the last Council meeting on April 25 and suggested the re-hearing of the item should be scheduled for July when there will be a five-member Council once again (City Attorney Jenkins said the re-hearing had been agendized for the next Council meeting on May 23 and if the item is going to be continued, it is procedurally correct to continue it on May 23 when the matter is actually on the agenda, not at tonight’s meeting);

      Greg Eberhardt – Hermosa Beach, spoke in support of the letter; said almost 300 people had signed a petition to merge these lots and many had rearranged their vacations in order to speak at the original hearing on April 11, when over an hour of public testimony had been heard; agreed the re-hearing should be continued until after the election when there would be a five-member City Council;

      Jeff Rice – Hermosa Beach, supported the letter also; said it was obvious to him from Councilmember comments that if there were four Councilmembers hearing the item, the vote would be a tie at 2-2, meaning the Planning Commission decision not to merge the lots would stand and the neighborhood residents would be unhappy; said the re-hearing should be delayed until there are five Councilmembers;

      Howard Longacre – Hermosa Beach, said he thought the actions at the last meeting on April 25 leading up to scheduling a re-hearing had not been procedurally correct; said he felt Mayor Pro Tempore Edgerton had a conflict of interest because an associate of the developer cut Mr. Edgerton’s hair; and,

      Charles Wilmot – Hermosa Beach, supported the letter; said a decision had been made at a valid hearing but if there was a re-hearing, it should take place with a full five-member Council; felt the decision to re-schedule could be made at tonight’s meeting because when the Council made the decision on April 25 to re-hear the item on May 23, not all interested parties had been present.

      Proposed Action: To place rescheduling of the re-hearing on tonight’s agenda as an emergency item so the Council could take a vote to agendize the matter for a specific future City Council meeting date.

      Motion Keegan. The motion died for lack of a second.

      Proposed Action: To agendize the re-hearing to the Council meeting for the Council meeting on June 13, 2006.

      Motion Edgerton. The motion died for lack of a second.

      Action: Council consensus was to receive and file the letter.

      Coming forward to address the Council at this time were:

      Sam Perrotti – Hermosa Beach, invited the community to the Art Walk on Thursday, May 11, from 5-9 p.m. and to future art walks on June 8 and July 13; said the events had been successful in the last couple of years in providing an enjoyable opportunity for families to view and learn about art;

      Carla Merriman – Hermosa Beach Chamber of Commerce, distributed copies of an article about Hermosa Beach entitled “Art Makes Waves in Hermosa Beach,” in Sunset magazine’s California Tips & Trips in its Summer Travel issue, emphasizing the City is more than beach culture; noted there are also ads in this issue placed by the Beach House and the Chamber of Commerce; felt this Sunset issue would increase tourism this summer;

      Patty Egerer – Hermosa Beach, said Gene Shook had filed an appeal of the Planning Commission decision on April 18 regarding The Pavilion and asked if the date had been set for the appeal hearing; said the signal at 16th Street and PCH had been activated, resulting in increased traffic and congestion; (City Manager Burrell said the traffic signal was a separate issue from the appeal hearing, which had not been scheduled, partly because of the types of issues raised tonight regarding having a five-member Council after the election; Mayor Tucker said a traffic count was taken before the signal was activated and will be taken again 90 days after activation and then the subject will be agendized on a Public Works Commission agenda); and;

      Arnold Sax – Redondo Beach, said the City should enforce its lot merger ordinance and make a list of all lots which might be affected in the future (Mayor Tucker said the Council had requested that staff produce such a list).

2. CONSENT CALENDAR:

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

   1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 25, 2006.

      Action To approve as presented the minutes of the Regular Meeting of April 25, 2006.

   2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43753 THROUGH 43893, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 43833, AS RECOMMENDED BY THE CITY TREASURER.

      ActionTo ratify the check register as presented.

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

      ActionTo receive and file Tentative Future Agenda Items as presented.

   4. RECOMMENDATION TO ACCEPT DONATIONS OF $250.00 FROM MERMAID RESTAURANT TO BE USED FOR THE CENTENNIAL CELEBRATION; $1,000.00 FROM THE FRIENDS OF THE PARK TO BE USED FOR CAMP SCHOLARSHIPS; $100.00 FROM VFW POST 11045 TO BE USED FOR VETERAN’S MEMORIAL MAINTENANCE; AND, $2,000.00 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO BE USED FOR THE CENTENNIAL CELEBRATION. Memorandum from Finance Director Viki Copeland dated May 2, 2006.

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

      ActionTo accept the following donations:
      - $250 from Mermaid Restaurant to be used for the Centennial Celebration;
      - $1,000 from the Friends of the Park to be used for camp scholarships;
      - $100 from VFW Post 11045 to be used for Veteran’s Memorial maintenance; and,
      - $2,000 from the Hermosa Beach Chamber of Commerce to be used for the Centennial Celebration.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

   5. RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE INTERIM URGENCY ORDINANCE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES. Memorandum from City Manager Stephen Burrell dated May 1, 2006.

      ActionTo receive and file report on the interim urgency ordinance (No. 06-1265U) to prohibit the establishment of medical marijuana dispensaries.

   6. RECOMMENDATION TO AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE PIER CONCRETE DECK TREATMENT PROJECT TO KC INDUSTRIES, INC. OF THE CITY OF THOUSAND OAKS, IN THE AMOUNT OF $87,300; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated April 30, 2006.

      ActionTo approve the staff recommendation to:
      (1) Authorize the award of construction contract for the Pier Concrete Deck Treatment project to KC Industries, Inc. of the City of Thousand Oaks, in the amount of $87,300;
      (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and,
      (3) Authorize the Director of Public Works to issue change orders as necessary within the approved budget.

   7. RECOMMENDATION TO APPROVE THE ATTACHED RETAINER AGREEMENT WITH THE LAW FIRM OF BIRD MARELLA AND DIRECT THE CITY MANAGER TO EXECUTE THE AGREEMENT. Memorandum from City Manager Stephen Burrell dated May 3, 2006.

      ActionTo approve the attached retainer agreement with the law firm of Bird Marella and direct the City Manager to execute the retainer agreement to represent the City in the Macpherson Oil Company litigation.

   8. RECOMMENDATION TO APPROVE THE USE OF LOT B PARKING LOT ON SUNDAY, MAY 21, 2006, FROM 5:00 P.M. TO 8:00 P.M. IN CONJUNCTION WITH A FUNDRAISING EVENT AT GALLERY C. Memorandum from City Manager Stephen Burrell dated May 3, 2006.

      ActionTo approve the use of Lot B Parking Lot on Sunday, May 21, 2006, from 5:00 p.m. to 8:00 p.m. in conjunction with a fundraising event at Gallery C with a fee of $200.

   9. RECOMMENDATION TO APPROVE FINAL MAP NO. 60398 FOR A TWO-UNIT CONDOMINIUM AT 710 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6461, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 60398, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 710 SECOND STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

   10. RECOMMENDATION TO APPROVE FINAL MAP NO. 60971 FOR A TWO-UNIT CONDOMINIUM AT 234 FIRST COURT AND 233 LYNDON STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006.

       ActionTo approve the staff recommendation to adopt Resolution No. 06-6462, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 60971, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 234 FIRST COURT AND 233 LYNDON STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

   11. RECOMMENDATION TO APPROVE FINAL MAP NO. 62441 FOR A TWO-UNIT CONDOMINIUM AT 1427 MONTEREY BOULEVARD AND 1426 BAYVIEW DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006.

       ActionTo approve the staff recommendation to adopt Resolution No. 06-6463, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 62441, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 1427 MONTEREY BOULEVARD AND 1426 BAYVIEW DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

   12. RECOMMENDATION TO APPROVE THE CLASS SPECIFICATIONS FOR FIREFIGHTER AND FIREFIGHTER/PARAMEDIC. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 3, 2006.

       ActionTo approve the class specifications for Firefighter and Firefighter/Paramedic.

   13. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2006 2007 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 06-6457; ADOPT A RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 THROUGH JUNE 30, 2007; AND SETTING JUNE 13, 2006 TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated May 2, 2006.

       Action To approve the staff recommendation to:

       1. Adopt Resolution No. 06-6464, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER’S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007.”

       2. Adopt Resolution No. 06-6465, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO.”

   14. RECOMMENDATION TO APPROVE AN APPROPRIATION FROM THE CENTENNIAL FUND IN THE AMOUNT OF $2650 TO PURCHASE THE TIME CAPSULE AND BAGS AND DIRECT THE CITY MANAGER TO SIGN AGREEMENT WITH A COMMEMORATIVE BRICK COMPANY TO SUPPLY AND ENGRAVE COMMEMORATIVE BRICKS TO BE INSTALLED ON 14TH STREET. Memorandum from City Manager Stephen Burrell dated May 3, 2006.

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

       Community Resources Director Lynn and City Manager Burrell responded to Council questions.

       ActionTo approve the staff recommendation to:
       (1) Approve an appropriation from the Centennial Fund in the amount of $2650 to purchase the time capsule and bags; and,
       (2) Direct the City Manager to sign agreement with a commemorative brick company to supply and engrave commemorative bricks to be installed on 14th Street.
       Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

   15. RECOMMENDATION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH JAS FOR ON-GOING STAFF SERVICES FOR INTERIM SENIOR BUILDING INSPECTOR AND PLANNING ASSOCIATE. Memorandum from Community Development Director Sol Blumenfeld dated May 4, 2005.

       ActionTo approve an amendment to the contract with JAS for on-going staff services for Interim Senior Building Inspector and Planning Associate.

3. CONSENT ORDINANCES

   None

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

   Items 2(d) and (n) 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. PUBLIC HEARINGS

   None

6. MUNICIPAL MATTERS

   1. REQUEST TO CONSIDER AIR AND SUBSURFACE ENCROACHMENTS AND ALLEY VACATIONS IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY AT 2901 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006.

      Community Development Director Blumenfeld presented the staff report, noting two corrections. In the second paragraph of the Analysis section of the staff report, the alley vacation area should be 20 feet by 100 feet and the smaller strip of land (five feet by 80 feet) was already vacated by a previous action and should not have been included in this request. Community Director Blumenfeld responded to Council questions.

      ActionTo direct staff to accept encroachment permits and alley vacation applications as part of the application process for the redevelopment of 2901 Pacific Coast Highway.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote

   2. INTRODUCTION OF AN ORDINANCE RELATING TO INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 3, 2006.

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

      ActionTo approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1266, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.16 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS.”
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   3. LIGHTING AND LANDSCAPING SUPPLEMENTAL MAINTENANCE DISTRICT. Memorandum from Public Works Director Richard Morgan dated May 3, 2006.

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

      Coming forward to address the Council on this item was:
      Joan Cox – Harris & Associates, distributed a written presentation of her remarks; explained the formula for determining assessments per Proposition 218 adopted in November 1996, which said that general versus specific benefits must be determined, that public lands are not exempt, and that a mail ballot process is used to determine if there is a majority public protest against forming a district; detailed the calculations for assessments for different types of dwelling units and areas in the City with increased lighting as well as assessments for traffic signals on arterials and landscaping on public property.

      ActionTo receive and file the report and direct staff to agendize for the May 23 City Council meeting adoption of a resolution of intent to form the supplemental district and to set a public hearing date of June 25.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

   4. PROJECT NO. CIP 04-116 PIER AVENUE STREET IMPROVEMENTS, PILOT STRIPING AND RE-STRIPING NORTH PIER PARKING STRUCTURE AWARD CONTRACTS. Memorandum from Public Works Director Richard Morgan dated May 3, 2006.

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

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

      Coming forward to address the Council on this item were:

      Anne Sullivan – Hermosa Beach, said comparisons for similar actions on Grand Avenue and Manhattan Avenue were not valid because these streets had traffic signals, so each car did not stop at each intersection; said clearing all the people from the beach area during the Fiestas will be difficult with only one lane of traffic; was concerned about pedestrian safety, particularly school children;

      Craig Cadwallader – Hermosa Beach, felt this improvement was long overdue, said there is not a lot of traffic in the second lane anyway because of the hazard of cars pulling out from the diagonal parking; said widening the sidewalks would benefit the City aesthetically and also economically because of increased revenue to businesses in this area;

      Pat Love – Hermosa Beach, supported the widening of the sidewalks; said it would be great to create an atmosphere like the Gaslight district in San Diego, with people strolling along the sidewalks with music playing;

      Patty Egerer – Hermosa Beach, said this significant change warranted a traffic study; was concerned about Fire Department emergency vehicles being delayed by the reduction to one lane; said the City had no obligation to extend square footage for retail use or to enhance property values on Pier Avenue; said since the Plaza had been developed, and with increased liquor licenses, there had been an increase in crime; asked if the Fire Department and Police Department supported this change; (The Council replied that the Police and Fire Departments supported the project); and,

      Melinda Cruise – Hermosa Beach, said at the present time, Pier Avenue traffic is at a standstill when the light is red on PCH, all the way to Ardmore, and this change will intensify the problem; said one less lane on Pier Avenue will divert traffic to surrounding streets, including her street; said she was planning to move because of the many cars currently traveling too fast on her street.

      Action: To approve the staff recommendation to:
      (1) Authorize the award of a construction contract for the Pier Avenue from Valley Drive to Hermosa Avenue Pilot Striping Project to PCI of Long Beach, California, in the amount of $40,476.10, and approve first change order reducing the scope of work by $15,627.80, for a new total contract amount of $24,848.30;
      (2) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and,
      (3) Authorize the Director of Public Works to issue change orders up to $3,500 for the Pier Avenue Striping Project.
      Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

      Further Action: To approve the staff recommendation to:
      (1) Authorize an appropriation of $20,000 from the Downtown Enhancement Fund for the re-striping of the North Pier Parking Structure;
      (2) Authorize the award of a construction contract for the North Pier Parking Structure Re-Striping Project to PCI of Long Beach, California, in the amount of $17,400;
      (3) Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney;
      (4) Authorize the Director of Public Works to issue change orders up to $2,600 for the Parking Structure Re-striping Project; and,
      (5) Post the parking structure to indicate any car straddling two parking spaces will be cited.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote

   5. ORDINANCE PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated May 3, 2006.

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

      Coming forward to address the Council on this item was:

      Pat Love – Hermosa Beach, said Hermosa Beach was an independent city in which she was proud to live; said there were already many laws restricting smoking; said she was not concerned about smoking and cancer; said she worked with many groups in beach cleanups and although varied items are found in the sand, cigarette butts are seldom seen; said many smokers are considerate and she sees very few on the Plaza; urged to cancel not to adopt the ordinance;

      Craig Cadwallader – Hermosa Beach, said this was not a litter issue; said he was part of the 2005 class of Leadership Hermosa whose project is to place cigarette butt receptacles through the City; said the issue is second hand smoke; said he lived near the beach and there are frequently odors coming into his home from smokers walking by; said some smokers are considerate but not all; encouraged the Council to adopt the ordinance to ban smoking on the beach; said that because many other beach cities had adopted such an ordinance, if Hermosa Beach did not do the same, it could become the ashtray of the South Bay;

      Coleen Hallahan – representing the American Lung Association, said it is a fact that smoking does cause cancer and other illnesses; said tobacco related illnesses are the leading preventable cause of death in the country; said the elderly and children are especially susceptible to second hand smoke; urged the Council to follow the example of other beach communities and adopt this ordinance;

      Andy Dellenbach – representing Surfriders and the Coalition of Smoke-free Beaches; said, as a coordinator of beach cleanups, he had seen that cigarette butts are a major litter problem on beaches; said cigarette butts are also a health hazard for marine life and for children ingesting them;

      Anne Sullivan – Hermosa Beach, supported the ordinance and said smoking does cause cancer; said that if smoking were to be banned on the beaches, it should also be prohibited in the outdoor areas of Plaza restaurants; and,

      Patty Egerer – Hermosa Beach, urged the Council to join with other communities in making the beach clean and free of smokers.

      Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1267, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.”
      Motion Mayor Tucker, second Edgerton. The motion carried, noting the dissenting vote of Reviczky.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

   1. REQUEST FROM SOUTH BAY COASTLINERS TO WAIVE BANNER INSTALLATION FEE. Memorandum from City Manager Stephen Burrell dated May 3, 2006.

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

      Action : To receive and file the request.
      Motion Edgerton, second Mayor Tucker. The motion carried by a unanimous vote.

   2. AB2987 (NUNEZ) – CABLE AND VIDEO SERVICE. Memorandum from City Manager Stephen Burrell dated May 2, 2006.

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

      Action : To direct staff to write a letter opposing AB2987 (Nunez) – Cable and Video Service
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

   None

9. 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 April 25, 2006.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8

   Property: 1301 Hermosa Avenue
   Negotiating Parties: Stephen Burrell & Dan Butterworth (Sprint)
   Under Negotiation: Price & Terms of Payment

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 9, 2006, at the hour of 10:14 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, May 9, 2006, at the hour of 10:15 p.m. At the hour of 10:30 p.m., the Closed Session adjourned to the Regular Meeting.

ORAL ANNOUNCEMENTS

There were no decisions made requiring a public announcement.

ADJOURNMENT

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 9, 2006, at the hour of 10:31 p.m. to the Regular Meeting of May 23, 2006, at 7:10 p.m.

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