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 Council Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILof the City of Hermosa Beach, California, held on Tuesday, January 11, 2005, at the hour of 7:10 p.m. PLEDGE OF ALLEGIANCEThe group from Peak ROLL CALL
Present:Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon
ANNOUNCEMENTSCouncilmember Tucker wished all a Happy New Year and said the New Year’s Eve Celebration was well attended. He said County Supervisor Don Knabe had freed up some money to help with the lifeguard station and he asked City Manager Burrell to write a letter of thanks to Supervisor Knabe (so ordered by Mayor Yoon, with no objection). Mayor Pro Tempore Reviczky commented on another successful Beach Cities Christmas Toy Drive and read a letter from Good Shepherd Shelter (for battered women with children) expressing gratitude for the gifts. He thanked all who donated toys and volunteered their time for their generosity. He announced a Hazardous Household Waste and E-Waste Roundup in Hermosa Beach from 9 a.m. to 3 p.m. on Saturday in front of Clark Stadium. Mayor Yoon congratulated USC on its National Football Championship and wished the City of Hermosa Beach a Happy 98th birthday four days ago, on January 7. He requested that the meeting be adjourned in memory of Claude Stonier and Larry Jackson. Mayor Pro Tempore Reviczky said Claude Stonier had been a 30-year City employee, served as Police Chief, and was a wonderful human being who would be missed by his wife Mary, his family and the rest of the community. Councilmember Keegan said Larry Jackson, married to Maggie Moir, had been a former marine and former FAA flight controller, was involved with the Salvation Army and would be dearly missed. Councilmember Tucker asked that the meeting be adjourned also in the memory of Mike Gonzales, a good friend and a good citizen active in youth sports, and offered condolences to his wife Lynn and their family. PROCLAMATIONS & PRESENTATIONS PEAK FLEX YOUR POWER NOW!
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| Claimant: | Hauser, Julius |
| Date of Loss: | 10-15-04 |
| Date Filed: | 12-02-04 |
| Allegation: | Vehicle damaged by police car |
Action: To deny the claim and refer it to the City’s Liability Claims Administrator, as recommended by staff.
RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWENTY (20) SONY DIGITAL RECORDERS FOR THE TRAFFIC AND PATROL OFFICERS AT A TOTAL COST OF $6,968.58. Memorandum from Police Chief Michael Lavin dated December 29, 2004.(PDF File).
Action: To authorize the purchase of twenty (20) Sony digital recorders for the traffic and patrol officers at a total cost of $6,968.58, as recommended by staff.
RECOMMENDATION TO AUTHORIZE THE PURCHASE AND INSTALLATION OF NEW LOCKERS FOR THE MEN AND WOMEN’S LOCKER ROOMS IN THE POLICE STATION BY ENGINEERED STORAGE SYSTEMS, INC., CITY OF INDUSTRY, CALIFORNIA IN THE AMOUNT OF $17,996.00 (TAX INCLUDED). Memorandum from Police Chief Michael Lavin dated December 29, 2004.Memorandum from Public Works Director Richard Morgan dated December 6, 2004. (PDF File).
Action: To authorize the purchase and installation of new lockers for the men and women’s locker rooms in the Police Station by Engineered Storage Systems, Inc., City of Industry, California in the amount of $17,996.00 (tax included), as recommended by staff.
This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting due to concerns about item B and beach volleyball net sponsorship by a beer company since drinking was not allowed on the beach.
City Manager Burrell responded to Council questions.
Action: To direct staff to agendize the issue of beach volleyball net sponsorship at the meeting of February 8, 2005 for Council review and consideration, and to receive and file the remaining action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 7, 2004.
Motion by Tucker, and so ordered by Mayor Yoon. (Reviczky absent).
CONSENT ORDINANCES
None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 2(h) and (m) 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.
PUBLIC HEARINGS
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Public Works Director Richard Morgan presented the staff report and responded to Council questions.
Consultant Mitch Mosesman of David Taussig & Associates, Inc., consultant for the project, explained that an adjustment for one property had been made to the original Engineer’s Report and a new copy distributed to the Council; described the boundaries of the proposed district and said assessments were based on frontage; said the benefits were not only an improved streetscape but also a new, modernized infrastructure; said that the average assessment was $16,000, would be $130 to $140 per month if bonds were sold.
The public hearing opened at 8:07 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:07 p.m.
At 8:10 p.m., this item was suspended to allow for counting of the ballots in the Conference Room, and the order of the agenda went to item 6.a.
At 8:40 p.m., the Council resumed consideration of this item. City Clerk Doerfling announced the results of the count, noting 55.19% in favor and 44.81% opposed.
Action: To approve the staff recommendation to adopt Resolution No. 05-6372, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING THE ACQUISITION OF THE IMPROVEMENTS, DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 2004-02 (BAY VIEW).”
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.The meeting recessed at 8:42 p.m.
The meeting reconvened at 8:53 p.m. with item 6.b.
MUNICIPAL MATTERS
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REDUCTION IN STREET LIGHTING CITYWIDE. Memorandum from Public Works Director Richard Morgan dated January 4, 2005. Supplemental information received on January 10, 2005, in the form of emails and faxes from several residents, with a cover sheet summarizing the number of residents opposed and in favoring of reducing street lighting.(PDF File).
Public Works Director Morgan 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 issue were:
Ria Deuerlein – Hermosa Beach, said her neighborhood was dark enough that she could not see the ground well while walking, and that she had slipped on some dog waste on the sidewalk;
Gary Hyatt – Hermosa Beach, said the lights were needed because the streets were too dark and there was a lot of foot traffic; said streetlights were a basic service that should not require a tax increase;
Nancy Wolf – Hermosa Beach, said less light was a safety issue, especially for senior citizens, and that residents should have been notified; said she was not opposed to a small tax increase; suggested that the lights in the nearby park could be turned off late at night for a cost savings;
Britt Johnson – Hermosa Beach, was concerned about safety and said it was unfortunate that the lights were turned off the night before Halloween; said his truck had been broken into; opposed a mail-in ballot, saying people would ignore it and it was an added expense, and thought it should be on the ballot for a regular election instead (Mayor Yoon said the law specifies that the decision be made by mail-in ballot);
Janice Brittain – Hermosa Beach, said that a light in an alley was removed, not just turned off, and that on her street there had been a lot of construction with ditches which were hard to see in the dark; said that crime could be increased because of less light;
Mark Lawrence – Hermosa Beach, said there was a problem with speeding cars and, although he supported soccer, there were children playing soccer in the park which required a fence and annual re-seeding of the grass, and he wondered if the Lighting and Landscaping District could pay for these expenses; cautioned the Council about possible lawsuits if there were injuries because of the darkness; said he would be willing to pay $10 more per year to have the lights back on;
Dolly Johnson – Hermosa Beach, expressed concern that the lights were turned off right before Halloween, saying there were injured children who tripped; asked the amount saved by turning off the lights (Public Works Director Rick Morgan said it was $8.50 per light per month and, if 50% of the City’s streetlights were turned off, there would be approximately $100,000 in annual savings);
Joanne Edgerton – Hermosa Beach, said safety was not negotiable and the City should find another way to decrease costs; and
Eric Lawrence – Hermosa Beach, said he was willing to pay $10 more per year for his assessment.
Public Works Director Rick Morgan said resident Vivian Hoffman was not able to be present at tonight’s meeting but had asked him to relay her wish that the lights go back on. In response to the speaker who asked if the park expenses could be paid out of the Lighting and Landscaping Assessment District funds, he said the landscaping referred to in that district is parkways and medians only, not City parks.
Action: To (1) direct staff to send out mail-in ballots to determine whether each property owner’s assessment for lighting and landscaping could be increased by no more than $10 per year; and (2) direct staff to contact Southern California Edison and ask that the lights be turned back on as soon as possible.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.At 8:40 p.m., the order of the agenda returned to item 5.a., which had been briefly suspended.
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REPORT ON FULL DEPLOYMENT OF WIFI SYSTEM Memorandum from City Manager Stephen Burrell dated January 5, 2005. Supplemental letters received on January 11, 2005, from The Hermosa Arts Foundation, Eric Black from LA Unplugged, Inc., and Patrick McCormick.
Mayor Yoon recused himself and left the dais and the room at 8:53 p.m. due to a potential conflict of interest since his employment involves internet access.
City Manager Burrell presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Eric Black - LA Unplugged, came forward to respond to Council questions; stated that line of sight was not necessary for access, that with the proper antenna and card, every home should be able to access the wireless signal; said every wall the signal passed through degraded the signal; said WiMax could be used with this system, if it became available, noting that it might not actually happen because it has come close several times in the past;
Ryan Shook – Hermosa Beach Pavilion, said he was one of the first sponsors to advertise and found the advertising to be a wonderful way to target precisely the Hermosa Beach residents; said his website traffic had increased by 54% since this advertising began; encouraged other businesses to take advantage of the opportunity; supported citywide free WiFi because it would assist in attracting tenants to the Pavilion;
Chris Holland – Hermosa Beach, said free wireless internet access would increase property values and attract renters; said there were other uses for this type of network, including long distance real-time conversations, video conferencing all over the world and inexpensive, easily installed wireless cameras for crime surveillance;
Michelle Keegan – Hermosa Beach, noted no relation to Councilmember Keegan, asked the Council for the opportunity to bid on providing the WiFi components for this sole source contract; thought she could considerably decrease the cost to the City; described her company and its capabilities and good relationship with equipment manufacturers and distributors;
Alysa Vanderzanden – Hermosa Beach, supported WiFi as a community benefit and low-cost advertising for local businesses; was optimistic that advertising would pay for the system; said she would pledge $100 as a resident toward the initial cost and thought others might do the same;
Earl Keegan – Hermosa Beach, said he began using the current WiFi several hours after it was available and he and his family have had success with it; said he considered this access to information an important part of 21st century city infrastructure, like sewers and streets; felt that Hermosa Beach should be progressive; believed this system would be important to schools; was confident that it would pay for itself and provide successful access for all residents;
Eric Lawrence – Hermosa Beach, compared City-provided wireless access to streets, noting that the City pays for streets but does not provide each resident with a car; said he was impressed by Eric Black’s confidence that all residents would be able to receive the signal with the proper antenna and card but felt the successful track record of the pilot program was even more convincing; said WiMax did not exist yet but WiFi is established; felt that a lot of people would not have to buy anything to access the system;
Geoff Hirsch – Hermosa Beach, urged the Council to move slowly, to consider other bids and maybe an access fee for residents; said City funds should not be spent on a service which might not be available to all residents;
Mordy Benjamin – Hermosa Beach, thought it was good that Hermosa Beach would be leading the way with this project; believed that the costs would be covered by advertising; said he had access and it works fine; thought expanding the system citywide would provide internet access for senior citizens who may not have had it the past;
Peter Barsuk – Hermosa Beach, spoke in support of the project and said, as president of his Homeowners Association, he spoke for eight homeowners on 7th Street; said there were always reasons not to institute change;
Dency Nelson – Hermosa Beach, said he appreciated Councilmember Edgerton’s questions and thought he had the City’s best interests in mind; said he was in favor of improved technology, as evidenced by solar panels on his roof, ownership of an electric car, and support of a utility undergrounding district in his neighborhood; said he thought the equipment would become outdated but there would always be new technology, and he believed WiFi would be a success even if there were a few intermittent lapses;
Joe Terry – Redondo Beach, said he had been very active with the WiFi project, supporting people desiring access, sometimes assisting in the proper equipment and training; said line of sight was not necessary; said this was a private network server for the City in which residents can communicate with others in the City without worrying about security or safety issues, that businesses would be able to have video conferencing and the Police Department could keep an eye on the beach; said he loved Hermosa Beach and wanted the City to get in early on the wireless future;
Bob Wickwire – Hermosa Beach, said he had been successful in accessing the WiFi signal and was in favor of expanding the program to include the whole City but was a little concerned about a lot of tall antennas;
George Brown – Hermosa Beach, spoke in support of the WiFi project and addressed some of Councilmember Edgerton’s concerns about WiMax, which he said may not even become a reality and, if it did, noted that it was more for corporate use, and 40 million computers are on WiFi; believed that there would be more than enough revenue from advertising;
Anne Sullivan – Hermosa Beach, said she was proud of Hermosa Beach and those who supported expanding the WiFi program; said she was a senior citizen who got her first computer two years ago and thought the access was wonderful for seniors;
Ray Waters – Hermosa Beach, commended the Council for establishing the pilot program and hoped that he would be able to have access if the system expands; said he would save money by not paying his current monthly fee for access; thought this was a service that City government could provide as a cost savings to residents;
Rick Koenig – Hermosa Beach, said he had a tall antenna for accessing WiFi, which was brought down by recent weather, and was one of the first to access the WiFi signal, which would save him about $600 per year; said he hoped the program was expanded citywide as access would be very important to the Historical Society in its expansion of its museum; believed that the majority of residents supported the citywide deployment of WiFi and hoped the Council would respond accordingly;
Donald Hales – Hermosa Beach, said change was inevitable and he hoped the City would take the opportunity to be part of the change; said WiFi would make internet access available to those who could not otherwise afford it;
Craig Cadwallader – Hermosa Beach, commended Councilmember Edgerton for asking tough questions; said he had a web development and marketing consultant business and looked for ways to make his clients more successful; said advertising in the local newspapers was good but something more up to date was needed for a targeted audience; said he put in a wireless system for three computers in his house and the monthly savings would more than offset the one-time up-front expense; urged the Council to support citywide WiFi to continue to maintain Hermosa Beach as a city set apart from others; felt the advertising revenue would not only pay for the system but possibly provide positive income;
Patrick McCormick – Hermosa Beach, said that he was a partner in a design consulting company and liked the community; believed it was appropriate for a beach city to provide this service; thought this type of forward thinking would make Hermosa Beach an even better place to live; felt advertising revenue would pay for the system because people want to find out about Southern California, but noted that there might be state and federal money to fund it; suggested a design contest, which would not cost anything;
Janice Yates – Hermosa Beach, explained that she worked for bizrate.com, compiling data received from online surveys and she believed that there would be no problem finding revenue to pay for the system and the possibility of additional money; said she had talked to 20 to 25 residents at Marineland Mobilehome Park and they supported WiFi; said she had been using the WiFi and had experienced some equipment problems but they were easily resolved;
Bruce Gelb – Hermosa Beach, said his company had been helping residents access the current WiFi signal and even though expanding the coverage citywide would probably take business from his company, he thought it was a program for the City to provide, noting that the pilot program had been successful for many people; thought WiFi expansion would create good will for residents and visitors as well; thought money invested in this program was as valuable as money spent for concerts on the beach; expressed concern over waiting for WiMax and said everyone was using WiFi;
Richard Chertow – Hermosa Beach, said WiFi throughout the City, unlike some other City services, would benefit everyone, from children to senior citizens; felt it was a service as valuable and appropriate for the City to provide as trash collection;
J.C. Agajanian – Hermosa Beach, said he appreciated Councilmember Edgerton being a watchdog and an advocate for the City to get the right system and the most for the money; said WiFi would make apartments in Hermosa Beach more desirable than those in Manhattan Beach or Redondo Beach;
Greg Grinnell – Hermosa Beach, spoke of the economics of the venture; said according to Mr. Burrell’s report, which said the initial cost would be amortized over 7½ years, it was very possible that not only operation of the system would be paid for but there might be no cost to the City at all, and maybe even possibly a gain for the City, while saving the 4,000 expected users a total of about $160,000 per year;
Pat Love – Hermosa Beach, said a previous speaker, Janice Yates, also a Marineland Mobilehome Park resident, said many park residents were supportive of expanding the WiFi; but that she was not speaking for all park residents; said with the City turning off streetlights to cut expenses, it did not seem appropriate to spend this large sum of money for this type of service, especially at this time;
Jim Lissner – Hermosa Beach, said he had opposed the WiFi issue when it first came up, but now sees it as an idea whose time has come and supports the concept; said that one of the benefits of WiFi could make it possible for residents to view City meetings even if they don’t have cable;
Gene Dreher – Hermosa Beach, spoke in support of expanding WiFi and said it was important to look at this issue as improvement of the City’s infrastructure; noted that this would improve efficiency for the City staff as well;
Angelo Massina – Hermosa Beach, applauded Councilmember Edgerton for questioning the expansion; said he had three children still at home and they accessed the internet constantly; said WiFi was a good benefit and that everyone on his block thought so as well; and
Randy Seaman - Hermosa Beach, was supportive of WiFi expansion but felt it was important to get the best deal, so he wondered if additional bids should be sought; said he realized some people would have to spend some money on equipment to gain access but the cost would be more than offset by their monthly savings; was concerned that there would be many antennas, which would seem to be backward technologically;
In response to audience comments, City Manager Burrell explained that the project went out to bid for Phase 1, the pilot program, and that bids were received from seven companies, and that Phase 2, the citywide expansion, was intended to be sole source.
Proposed Action :To proceed with full deployment of the WiFi system. Motion Keegan, second Reviczky. The motion failed, noting the dissenting votes of Edgerton and Tucker and the absence of Mayor Yoon.
The meeting recessed at 11:22 p.m. The meeting reconvened at 11:32 p.m. to resume consideration of the item.
Action : To approve the following:
(1) Keep the pilot program in place;
(2) Obtain enough advertising revenue to fund the project in full, with a five-year amortization rather than seven years;
(3) Increase advertiser commitments from two months to six months;
(4) Bring the item back in July for further evaluation, or at an earlier time if sufficient advertising is obtained before that deadline.
Motion Edgerton, second Tucker. The motion carried, noting the absence of Mayor Yoon.
Proposed Action: To hire an independent consultant to evaluate the project to determine if this is the best plan with the least cost. Motion Edgerton, second Tucker. The motion was subsequently withdrawn.
At 11:40 p.m., Mayor Yoon returned to the dais, Mayor Pro Tempore Reviczky left the meeting due to illness, and the order of the agenda went to item 4, removed consent calendar items.
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MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
None
OTHER MATTERS - CITY COUNCIL
None
City Attorney Jenkins requested the Council to add an item concerning threatened litigation to the closed session, since the matter had arose after the agenda was posted and required immediate discussion.
Action : By Council consensus, the item concerning threatened litigation was added to the closed session agenda, based on the findings that the matter had arisen after the posting of the agenda and required immediate discussion. (Reviczky absent)
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
MINUTES: Approval of minutes of Closed Session meeting held on October 12, 2004.
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: Briley v. City of Hermosa Beach Case Number: B175411
Anticipated Litigation: Government Code Section 54956.9(b) (One item added this evening)
ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 11, 2005, at the hour of 11:45 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, January 11, 2005 at 11:55 p.m. At the hour of 12:22 a.m. on Wednesday, January 12, 2005, 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 in memory of Claude Stonier, Larry Jackson and Mike Gonzales, on Wednesday January 12, 2005 at 12:23 a.m, to the regular Meeting of Tuesday, January 25, 2005, at 7:10 p.m.
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