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 City Council Minutes December 18, 2001 - Hermosa Beach
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, December 18, 2001, at the hour of 7:20 P.M. in the City Hall Second Story Conference Room. PLEDGE OF ALLEGIANCEMayor Pro Tem Edgerton ROLL CALLPresent: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin
City Attorney Jenkins announced the need for a closed session under pursuant to Government Code 54956.8 (real estate) to discuss aspects of the proposed TyCom lease of City property prior to the continuation of the public hearing on the item. Action: To immediately conduct a closed session as recommended by the City Attorney concerning the proposed TyCom lease of City property, based on the findings that the need for a closed session arose after the posting of the agenda and the matter required immediate attention. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. ADJOURN TO CLOSED SESSIONThe Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 7:22 P.M. to a closed session. RECONVENE TO OPEN SESSIONThe Closed Session convened at the hour of 7:23 P.M. At the hour of 7:43 P.M., the Closed Session adjourned to the Regular Meeting, which reconvened at 7:44 P.M. ORAL ANNOUNCEMENTSCity Attorney Jenkins said there were no decisions made during the closed session requiring a public announcement and that all issues discussed would come out in the course of the public hearing. 5. PUBLIC HEARINGSa. PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO. 01-10 TO ALLOW TYCOM NETWORKS INC. TO INSTALL TWO UNDERGROUND FIBER OPTIC CABLES, EACH WITH SELF-CONTAINED POWER, ONTO THE CONTINENTAL SHELF AND LANDING AT A BEACH LOCATION WITHIN THE CITY OF HERMOSA BEACH (AT SECOND STREET) WITH UNDERGROUND CABLE CONNECTIONS LOCATED IN PUBLIC PROPERTY TO A CABLE STATION IN REDONDO BEACH. (Continued from the City Council meeting of December 11, 2001.) Memorandum from Community Development Director Sol Blumenfeld dated December 13, 2001. Community Development Director Blumenfeld and City Project Planner Goldin presented the staff report and responded to Council questions. City Manager Burrell reviewed the easement changes and responded to Council questions.
The meeting recessed at 9:13 P.M.
The public hearing closed at 9:58 P.M. City Manager said staff would set up neighborhood meetings for public input and that during construction, staff would be able to advise and give notice to residents; said there would be public access to the area restaurants and that staff would encourage the construction crews to use them; said public safety access to the beach would not be affected and was not an issue; said the City would work closely with the neighborhood.
Action:
To approve the use of the Greenbelt for the project, with
direction to staff to rewrite the condition to include
restoration and an upgrade to the landscaping of the portion of
the Greenbelt affected by the cable installation.
Action:
To approve the condition wording for an initial burial depth
of at least three meters on the beach, two meters in the surf
zone and one meter beyond the surf zone, and a reburial depth
of 1.6 meters on the beach and in the surf zone and one meter
beyond the surf zone, with the reburial triggered when the
cable becomes exposed or is within .5 meters of the surface,
and to amend the condition to giving the City the ability to
require TyCom to again bury the cable at its initial burial
depth.
Action:
To amend the conditions to require that Tycom provide $275,000
to the City for the repaving of Second Street from the Strand
to Valley Drive.
Action: To approve the staff recommendation to: (1) Adopt Resolution No. 01-6181, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA; CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE TYCOM SUBMARINE FIBER OPTIC CABLE PROJECT, ADOPTING A MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS RELATING TO AIR QUALITY."; (2) Adopt Resolution No. 01-6182, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING PRECISE DEVELOPMENT PLAN/ PLANNED DEVELOPMENT PERMIT NO. 01-10 FOR TYCOM'S FINDING THAT THE LEASE AGREEMENT FOR TYCOM'S USE OF CITY-OWNED PROPERTY IS CONSISTENT WITH THE CITY'S GENERAL PLAN." Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Proposed Action:
To delete the last sentence of section 2.9. of the easement
agreement limiting liquidated damages to $200,000.
Action:
To change section 2.9 of the easement agreement to 40 days and
a limit of $400,000 in liquidated damages.
Action:
To amend to section 4.3 "unless mutually agreed upon in
writing."
The meeting recessed at 10:53 P.M.
Action:
To approve the word "reasonably" regarding assignee under
section 4.13.
Action:
To strike New York and replace with California in section 4.6.
Proposed Action:
To strike the waiver of a jury trial.
Action:
To approve the lease agreement as amended this evening.
PUBLIC COMMENTSNone OTHER MATTERS
Action:
To direct staff to agendize the banner policy for the meeting
of January 8, 2002, for clarification on the priority issue.
ADJOURNMENTThe Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 18, 2001, at the hour of 11:08 P.M. to the Regular Meeting on Tuesday, January 8, 2002, at the hour of 7:10 P.M.
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