MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, June 13, 2006, at the hour of 7:14 p.m.

PLEDGE OF ALLEGIANCE

Ron Willoughby

ROLL CALL

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

ANNOUNCEMENTS

Councilmember Keegan said the second summer Art Walk on Thursday, June 8, had been a successful, enjoyable event and invited everyone to attend the third and final Art Walk on Thursday, July 13. He thanked all the organizers of the event for their hard work.

Mayor Pro Tempore Edgerton announced the latest ballot count in the close race on Measure A (school bonds) at the June 6 election, and invited forward Kit Bobko, the apparent but unofficial winner of the vacant Council seat.

Kit Bobko thanked everyone and said he would have more to say when the election results were certified and he was sworn in.

Councilman Reviczky called forward Jim Kennedy, Congresswoman Jane Harman’s new South Bay field representative.

Jim Kennedy said he looked forward to working with local communities and provided Congresswoman Harman’s local office phone number in El Segundo, 643-3636, where he could be reached.

PROCLAMATIONS

70TH ANNIVERSARY OF THE HERMOSA BEACH LAWN BOWLING CLUB

Mayor Tucker read and presented the proclamation to Lyle Campbell, representing the Lawn Bowling Club.

Lyle Campbell, on behalf of the Lawn Bowling Club, thanked the Council for the proclamation and invited everyone to the 70th Anniversary Celebration on Sunday, June 25, from 11:00 a.m. to 2:00 p.m. for music, refreshments, lessons, and games with prizes, at the Club’s location at 861 Valley Drive, next to Clark Stadium. He also noted that their club is continuing to grow, thanks to new members and the loyalty and help of all of the members, unlike some clubs which were experiencing decreased membership. He thanked the Council for providing the new lawn.

PRESENTATIONS

PRESENTATION BY RALPH MAILLOUX, EXECUTIVE DIRECTOR OF THE SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY (RCC)

Ralph Mailloux conducted a PowerPoint presentation summarizing the new program which pinpoints cell phone callers dialing 911 and directs them to their local agency, rather than routing them through the California Highway Patrol as in the past, which created delays in receiving emergency services. He directed residents to their website at www.rcc911.org, where they could take a visual tour of the facility, learn about neighborhood watch and emergency preparedness, schedule a tour of their facility or arrange for mascot Reddy Fox to visit schools for 911 education.

CLOSED SESSION REPORT FOR MEETING OF JUNE 1, 2006:

No reportable actions.

CLOSED SESSION REPORT FOR MEETING OF JUNE 6, 2006:

Meeting canceled.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    There were no written communications.

    Coming forward to address the Council at this time were:

    Joanne Edgerton – Beach Cities Health District, congratulated and presented prize packages to the City Council for walking the most steps during the recent fundraiser for childhood obesity research, and for winning the competition against the Manhattan Beach City Council and the Beach Cities Health District Board; thanked everyone who participated in the challenge, including the school children; said it made everyone aware how active or sedentary their lives are; and

    Kelly Reedy-Kovac and Tracy Hopkins – Neighborhood Watch, invited the Council and the community to “A Conversation with the Chief” event at 7 p.m. Monday, June 26, 2006, in the City Hall Council Chambers, for a discussion with interim Police Chief David Barr about crime prevention techniques and information regarding Megan’s Law; said the event would be replayed on cable Channel 8.

  2. CONSENT CALENDAR:

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

    1. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 23, 2006.

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

      Action To approve the minutes of the Regular Meeting of May 23, 2006, as amended to correct the second line on page 11911 to read “…from Eighth Street onto Pacific Coast Highway…” rather than “…from Pier Avenue onto Pacific Coast Highway…”. Motion Reviczky, second Tucker. The motion carried by a unanimous vote.

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 44048 THROUGH 44236, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 43967 AND 44165, 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 AUTHORIZE THE ADDITION OF ONE CROSSING GUARD POSITION TO THE CURRENT CONTRACT WITH ALL CITY MANAGEMENT SERVICES AT A COST OF $7,821.45 PER YEAR. Memorandum from Interim Police Chief David Barr dated May 23, 2006.

      ActionTo authorize the addition of one crossing guard position to the current contract with All City Management Services at a cost of $7,821.45 per year, as recommended by staff.

    5. RECOMMENDATION TO AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT FOR THE MANHATTAN AVENUE STREET IMPROVEMENTS, CONCRETE ROAD RECONSTRUCTION AT VARIOUS LOCATIONS AND STREET IMPROVEMENTS AT VARIOUS LOCATIONS TO SEQUEL CONTRACTORS, INC., OF SANTA FE SPRINGS, CALIFORNIA, SUBJECT TO NEGOTIATION OF A CHANGE ORDER REDUCING THE SCOPE OF WORK SUCH THAT THE CONTRACT AMOUNT DOES NOT EXCEED $2,198,150; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACTS, SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGES WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Richard Morgan dated June 6, 2006. Supplemental information received from Public Works Department on June 13, 2006.

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

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

      ActionTo approve the staff recommendation to:
      (1) Authorize the award of a construction contract for the Manhattan Avenue street improvements, concrete road reconstruction at various locations and street improvements at various locations to Sequel Contractors, Inc., of Santa Fe Springs, California, subject to negotiation of a Change Order reducing the scope of work such that the contract amount does not exceed $2,198,150;
      (2) Authorize the Mayor to execute and the City Clerk to attest the contracts subject to approval of the City Attorney; and
      (3) Authorize the Director of Public Works to approve changes within the approved budget.
      Motion Edgerton, second Keegan. 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 June 1, 2006.

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

    7. RECOMMENDATION TO ACCEPT DONATIONS OF $2,000 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR THE NEIGHBORHOOD WATCH PROGRAM; $2,000 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR FIRE DEPARTMENT AIR BREATHING COMPRESSOR REPAIR AND INSTALLATION; $250 FROM MATTHEW AND VIRGINIA CRUSE TO BE USED FOR THE NEIGHBORHOOD WATCH PROGRAM; $250 FROM BEACH TRAVEL TO BE USED FOR THE CENTENNIAL CELEBRATION; $10,000 FROM INNOVA MARKETING TO BE USED FOR THE 2006-07 SUNSET CONCERT SERIES; AND, DONATION OF A BRISTOL PNEUMATIC FRESH AIR BREATHING COMPRESSOR WITH AN ESTIMATED VALUE OF $3,000 FROM THE REDONDO BEACH FIRE DEPARTMENT TO BE USED BY THE FIRE DEPARTMENT AS AN AIR FILLING STATION. Memorandum from Finance Director Viki Copeland dated June 5, 2006.

      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.

      ActionTo accept the following donations:
      - $ 2,000 from the Woman’s Club of Hermosa Beach to be used for the Neighborhood Watch Program;
      - $ 2,000 from the Woman’s Club of Hermosa Beach to be used for Fire Department air breathing compressor repair and installation;
      - $ 250 from Matthew and Virginia Cruse to be used for the Neighborhood Watch Program;
      - $ 250 from Beach Travel to be used for the Centennial Celebration;
      - $10,000 from Innova Marketing to be used for the 2006-07 Sunset Concert series; and,
      - Donation of a Bristol Pneumatic Fresh Air breathing compressor with an estimated value of $3,000 from the Redondo Beach Fire Department to be used by the Fire Department as an air filling station.
      Motion Reviczky, second Mayor Tucker. The motion carried by a unanimous vote.

    8. 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 June 5, 2006.

      Claimant: Erin McCoy
      Date of Loss: 05/23/05
      Date Filed: 05/18/06
      Allegation: Property Damage

      Claimant: Harry & Cynthia Dahl
      Date of Loss: 05/23/05
      Date Filed: 05/18/06
      Allegation: Property Damage

      Claimant: Bach-Cuc Le
      Date of Loss: 04/23/06
      Date Filed: 05/18/06
      Allegation: Property Damage

      Claimant: Stergios Karalaios
      Date of Loss: 03/25/06
      Date Filed: 05/22/06
      Allegation: Loss of Property

      ActionTo deny the above claims and refer them to the City’s Liability Claims Administrator, as recommended by staff.

    9. RECOMMENDATION TO AUTHORIZE THE AWARD OF BID FOR FIRE STATION FRONT RENOVATION PER FIRE DEPARTMENT SPECIFICATIONS TO M3 SERVICES, INC. OF LOS ANGELES, CALIFORNIA, IN THE AMOUNT OF $51,131. Memorandum from Fire Chief Russell Tingley dated June 6, 2006.

      ActionTo authorize the award of bid for fire station front renovation per fire department specifications to M3 Services, Inc. of Los Angeles, California, in the amount of $51,131, as recommended by staff.

    10. RECOMMENDATION TO APPROVE THE INSTALLATION OF STOP SIGNS ON EIGHTH STREET AT CYPRESS AVENUE; AND, APPROVE STRIPING FOUR-INCH WHITE LINES ON BOTH SIDES OF CYPRESS AVENUE NORTH OF EIGHTH STREET DESIGNATING A “CLEAR AISLE” FOR EMERGENCY ACCESS. Memorandum from Public Works Director Richard Morgan dated June 6, 2006. Supplemental Public Works Commission minutes for the meeting of April 19, 2006, and Striping Plan received from Public Works Department on June 13, 2006.

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

      Public Works Director Morgan responded to Council questions.

      Proposed Action: To approve striping four-inch white lines on both sides of Cypress Avenue, north of Eighth Street, designating a “Clear Aisle” for emergency access, as recommended by staff. Motion Reviczky, second Mayor Tucker. The motion was replaced by a substitute motion.

      Action: To approve striping four-inch red lines on both sides of Cypress Avenue, north of Eighth Street, designating a “Clear Aisle” for emergency access. Motion Edgerton, second Mayor Tucker. The motion carried by a unanimous vote.

      Further Action: To approve the installation of stop signs on Eighth Street at Cypress Avenue, as recommended by staff.
      Motion Reviczky, second Mayor Tucker. The motion carried, noting the dissenting vote of Councilman Keegan.

    11. RECOMMENDATION TO APPROVE THE STORM MAINTENANCE COOPERATIVE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR MAINTENANCE OF THE COUNTY-OWNED STORM DRAIN OUTLETS AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACTS, SUBJECT TO APPROVAL OF THE CITY ATTORNEY. Memorandum from Public Works Director Richard Morgan dated June 5, 2006.

      ActionTo approve the staff recommendation to:
      (1) Approve the Storm Maintenance Cooperative Agreement with the County of Los Angeles for maintenance of the County-owned storm drain outlets; and
      (2) Authorize the Mayor to execute and the City Clerk to attest the contracts, subject to approval of the City Attorney.

    12. RECOMMENDATION TO APPROVE CHANGE OF SCOPE FOR PHASE 1 OF CIP 06-641 - CLARK BUILDING REFURBISHMENT TO OBTAIN ARCHITECTURAL DESIGN SERVICES AND AUTHORIZE AN APPROPRIATION OF $15,000 FROM THE FUNDS REMAINING IN THE PIER RENOVATION PROJECT IN FY 05-06, THEREBY CREATING CIP 06-641 IN THE CURRENT FISCAL YEAR. Memorandum from Public Works Director Richard Morgan dated June 6, 2006.

      ActionTo approve the staff recommendation to:
      (1) Approve the change of scope for Phase 1 of CIP 06-641 - Clark Building refurbishment to obtain architectural design services; and
      (2) Authorize an appropriation of $15,000 from the funds remaining in the Pier Renovation Project in FY 05-06, thereby creating CIP 06-641 in the current fiscal year.

    13. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING FINAL MAP #26020 FOR A TWO-UNIT CONDOMINIUM AT 852 AND 856 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated June 6, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-5470, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 26020, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 852 AND 856 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

    14. RECOMMENDATION TO ADOPT A RESOLUTION APPROVING FINAL MAP #61755 FOR A TWO-UNIT CONDOMINIUM AT 617 AND 619 FIFTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 6, 2006.

      ActionTo approve the staff recommendation to adopt Resolution No. 06-6471, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 61755, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 617 AND 619 FIFTH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA.”

      At 7:44 p.m., the order of the agenda was suspended to go to public hearing items 5 (a) and (b).

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 06-1267 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption . Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated May 31, 2006.

      ActionTo waive full reading and adopt Ordinance No. 06-1267. Motion Keegan, second Mayor Tucker. The motion carried by the following vote:

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

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(a), (e), (g) and (j) were heard at this time but are shown in order for clarity.

    Public comments on items removed from the Consent Calendar are shown under the appropriate item.

    At 9:45 p.m., the order of the agenda went to item 9(a) Other Matters - City Council.

  5. PUBLIC HEARINGS

    1. 2006-2007 BUDGET AND CAPITAL IMPROVEMENT PROGRAM.

      1. ADOPTION OF 2006-2007 BUDGET. Memorandum from Finance Director Viki Copeland dated June 6, 2006. Supplemental emails from Susan Bloomfield, M. Kathleen Dantzer, Stacy Moulton, Dennis Jarvis, Jackie Friedman, and Ervin & Gabi Adler received on June 12, 2006. Supplemental letter from Gordon B. Evans and email from Jim & Miyo Prassas received on June 13, 2006.

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

        The public hearing opened at 7:54 p.m. Coming forward to address the Council on this item were:

        Cathy Osborne – Hermosa Beach, read a statement she wrote regarding Lance Widman’s removal of “No on Measure A” signs and the proposed renewal of his mediation contract with the City; said she had emailed each of the Councilmembers last night regarding this topic and inadvertently received an answer from Lance Widman to some of the Councilmembers with his thoughts on what the Council should do about his contract, with her email embedded in the response; said she was concerned about due process and a possible Brown Act violation;

        Earl Keegan – Hermosa Beach, said the mediation contract should be put out to bid as there were many individuals in the community who would be more impartial;

        Bernie Friedman – Hermosa Beach, said he found the situation regarding the removal of campaign signs embarrassing and would like to see the mediation contract go out for bid, with Mr. Widman being excluded;

        Jay Hurd – Hermosa Beach, suggested awarding the mediation contract with the City to someone less controversial; said removing campaign signs and conducting mediation did not seem like a good match;

        Patty Egerer – Hermosa Beach, spoke about the capital improvement project of Sixteenth Street sidewalks and wondered if, to be in compliance with the State in putting in the sidewalks, the telephone poles could be placed underground and the cost factored into the City budget;

        Dick McCurdy – Hermosa Beach, said the “No on Measure A” group, ran a good campaign, but it had become a personal issue that had gone on too long; said it was time to worry about the children and classrooms and stop personal attacks on people who had served the community well for a long time;

        Jackie Friedman – Hermosa Beach, spoke of personal attacks in the newspapers by the “Yes on Measure A” group, which were insulting to those in the “No on Measure A” group who had worked hard on the campaign; opposed renewal of the current mediation contract;

        Gordon Evans – Hermosa Beach, said sometimes people were simply on the opposite sides of issues, noting that he attended most of the school board meetings over the last three years; spoke of slanderous statements in the newspaper about the Measure A opponents; said people thought they were getting classrooms with the last measure and a gym was unnecessary because of the good weather in this area;

        Jim Caldwell – Hermosa Beach, said that since Lance Widman’s behavior did not constitute a crime and this had become a tit-for-tat battle, he hoped that things would settle down; and

        Gordon Evans – Hermosa Beach, returned to the podium when the Council asked if anyone in the audience had used Mr. Widman’s mediation services, and he described an instance when Mr. Widman‘s services were requested to mediate with a church whose bells were disturbing the neighborhood; said no when asked by the Council if Mr. Widman was rude or obnoxious in these dealings.

        The public hearing closed at 8:15 p.m.

        In response to Council questions, City Attorney Jenkins said the Los Angeles County District Attorney had ruled that Mr. Widman had committed no crime in removing the campaign signs placed illegally on public property, noting that it was advisable, however, for citizens to contact the City to remove the signs.

        Action To approve the staff recommendation to:
        (1) Appropriate $5,000 from Prospective Expenditures in 2005-2006 for the Envelope of Life Program;
        (2) Appropriate $10,000 from Prospective Expenditures in 2005-2006 for the Historical Society Expansion, with cost estimates and a time line required; and
        (3) Adopt Resolution No. 06-6472, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2006-2007.”
        Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

        Further Action: To approve contracts listed in the staff report for services budgeted in the 2006-2007 Budget except for South Bay Center for Dispute Resolution, which will go out to bid. Motion Keegan, second Mayor Tucker. The motion carried by a unanimous vote.

        In response to Council questions, City Manager Burrell said the existing mediation contract would continue on a month to month basis, and the matter would come back to Council probably in October for contract approval.

      2. ADOPTION OF 2006-2007 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 5, 2006.

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

        The public hearing opened at 8:31 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:31 p.m.

        Action: To approve the staff recommendation to adopt Resolution No. 06-6473, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2006-2007.”

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

    2. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006 2007. Memorandum from Public Works Director Richard Morgan dated June 5, 2006

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

      The public hearing opened at 8:33 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:33 p.m.

      Actiono approve the staff recommendation to adopt Resolution No. 06-6474, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2006, AND ENDING JUNE 20, 2007, IN CONNNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007.”
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

  6. MUNICIPAL MATTERS

    1. BRIEF OVERVIEW OF JULY FOURTH OPERATIONAL PLANS FOR CITY POLICE AND FIRE DEPARTMENTS. Memorandum from Interim Police Chief David Barr and Fire Chief Russell Tingley dated June 13, 2006.

      Interim Police Chief Barr and Fire Chief Tingley presented the staff report and responded to Council questions.

      ActionTo receive and file the report.
      Motion Reviczky, second Keegan. The motion carried by a unanimous vote.

    2. REQUEST TO RENEW THE EXCLUSIVE TAXICAB FRANCHISE AGREEMENTS. Memorandum from Interim Police Chief David Barr dated May 31, 2006.

      Interim Police Chief Barr presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

      Coming forward to address the Council on this item was:

      Alfred Martinez – resident of Downey and cab driver for South Bay Yellow Cab, discussed the increase in franchise fees with the last franchise agreement, and the relocation of the taxi stand which has resulted in an unfair arrangement with the last taxi in line receiving the first fare rather than the first taxi cab in line; suggested another location since the traffic did not improve with the current location, as was the intent.

      ActionTo approve the staff recommendation to:
      (1) Authorize the City Manager to renew a taxicab franchise agreement with All Yellow Taxi and Administrative Services Cooperative of Gardena, California and Bell Cab Company of Hawthorne, and United Independent Taxi of Los Angeles; and
      (2) Allow 60 days for United Independent Taxi of Los Angeles to fill their allowed maximum number of cabs and then divide the number of cabs not furnished by United Independent Taxi of Los Angeles between the other companies to maintain a total of 140 cabs.
      Motion Keegan, second Edgerton. The motion carried by a unanimous vote.

      The meeting recessed at 9:15 p.m.
      The meeting reconvened at 9:18 p.m., with item 6(c).

    3. AMENDMENT TO THE CITY’S BUILDING CODE ADDING NEW PEDESTRIAN PROTECTION REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION JOB SITES AND NEW PENALTY PROVISIONS FOR RELATED CODE VIOLATIONS. Memorandum from Community Development Director Sol Blumenfeld dated June 1, 2006.

      City Manager Burrell requested that this item be continued to the next Council meeting of June 27, 2006.

      ActionTo continue the item to June 27, 2006, as recommended by staff.
      Motion Mayor Tucker, second Keegan. The motion carried by a unanimous vote.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. STATUS REPORT ON AMENDMENTS TO LOT MERGER ORDINANCE. Memorandum from City Manager Stephen Burrell dated June 7, 2006.

      Action : To direct staff to proceed with a Municipal Code Amendment for Council consideration at a future meeting.
      Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

    2. SUNSET CONCERT SERIES – APPROVAL OF THIRD CONCERT PERFORMER. Oral report from City Manager Stephen Burrell. Supplemental information received from Community Resources Department on June 13, 2006.

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

      Action : To select Billy Vera and the Beaters to perform at the third beach concert in the 2006 Sunset Concert Series on Sunday, August 6. 2006. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.

      At 9:24 p.m., the order of the agenda returned to 3(a) consent ordinances.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    1. Request from Councilman Reviczky to consider amending the Zoning Code to allow weekly vacation rentals.

      ActionCouncil consensus was to agendize for discussion at a future Council meeting.

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

    City Manager Burrell said that an item needed to be added to the Closed Session concerning the Macpherson case, noting that the matter came up after the agenda was posted.

    Action: To add to the Closed Session agenda a discussion of the Macpherson case, based on the findings that the issue arose after the posting of the agenda and required immediate action. Motion Keegan, second Reviczky. The motion carried by a unanimous vote.

    1. APPROVAL OF MINUTES:

      1. Closed Session meeting held on May 9, 2006;
      2. Closed Session meeting held on June 1, 2006; and
      3. Closed Session meeting held on June 6, 2006.
    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)

      Name of Case: Philia Five Group, LLC dba The Union Cattle Company
      Case Number: YS015070

      Threatened Litigation: Government Code Section 54956.9(b) (One item added this evening)

    3. LIABILITY CLAIMS
      Government Code Section 54956.95

      Claimant: Gary Brutsch and Tina Williams Claim Against: City of Hermosa Beach

ADJOURN TO CLOSED SESSION

The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 13, 2006, at the hour of 9:50 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, June 13, 2006, at the hour of 9:57 p.m. At the hour of 10:20 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, June 13, 2006, at the hour of 10:21 p.m. to the Regular Meeting of June 27, 2006, at 7:10 p.m.