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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, June 14, 2005, at the hour of 7:10 p.m.

PLEDGE OF ALLEGIANCE

Greg Wyatt

ROLL CALL

Present: Edgerton, Keegan, Tucker, Mayor Reviczky
Absent: Yoon

ANNOUNCEMENTS

Mayor Pro Tempore Tucker noted that it was Flag Day; and discussed the Rally for Life event on July 23 and 24 at the old Aviation High location – a fun event for a serious cause, a cancer cure – and said more information could be obtained by contacting Pat Love at 318-0119 or love@netzero.net. He then offered congratulations to the local high schools, Mira Costa and Redondo, for their recent athletic accomplishments.

Mayor Reviczky said for about four years Hermosa Beach firefighters, sponsored by the Hermosa Beach Sister Cities Association, had been providing paramedic training in Loreto, Mexico, and that an important milestone had been reached. He explained that one gentleman, out of 12 being trained, had passed his final exam, based on U.S. standards, to become a paramedic, no small accomplishment, and it was expected that others would do the same.

PRESENTATION

PRESENTATION OF DONATION TO THE LAWN BOWLING CLUB FROM THE FRIENDS OF THE PARKS

Lyle Campbell, president of the Lawn Bowling Club, thanked the Friends of the Parks, which their Club had been working with, for their donation and presented the $5,000 check to the City for the Club’s lawn renovation; said invitations would soon go out for a Lawn Bowling Club Open House in October, and that they would entertain day camp children with a morning of lawn bowling; said they normally bowl every Tuesday and Thursday at 11:45 a.m. and Saturday at 9:45 a.m. and invited interested persons to stop by; presented T-shirts to the City Council and said the Club was planning a celebration next year to celebrate 70 years of lawn bowling in Hermosa Beach.

Laura Raymond, President, Friends of the Parks, said she was pleased to be part of the presentation and had enjoyed working with the Lawn Bowling Club; said that information about both groups could be obtained at the Friends of the Parks website at www.hbfop.org; said that the Friends of the Parks met each Wednesday at 6:00 p.m. in Room 4 of the Community Center; invited the community to participate in their fundraising banner program at Fort Lots-O-Fun and to attend their Movie in the Park on August 27.

GREG WYATT, PRESIDENT HERMOSA BEACH KIWANIS CLUB

Greg Wyatt, Kiwanis Club, said for many years the City has allowed the Kiwanis Club to operate a Christmas tree lot on the lawn at the Community Center, and the Club was presenting a $5,000 check to the Hermosa Beach Arts Foundation to shows its appreciation; said the bulk of the funds raised at the Christmas tree lot go toward scholarships and other community services and activities.

Rick Koenig, Hermosa Beach Arts Foundation, thanked the Kiwanis Club and said that these greatly appreciated funds would be reinvested in the community for programs and services at the Community Center; said anyone interested in joining the Foundation may call 798-2100 for more information.

CLOSED SESSION REPORT FOR MEETING OF MAY 10, 2005: No reportable actions.

PUBLIC PARTICIPATION:

  1. ORAL AND WRITTEN COMMUNICATIONS

    1. Letter from Jim Parker of the Beach Cities Masonic Lodge requesting permission to install a banner as a non-profit organization.

      Coming forward to address the Council on this issue was: Jim Parker – Masonic Lodge located in Manhattan Beach, explained that the Hermosa Beach Lodge met above the theater at the Community Center for 65 years and then moved to its new site in Manhattan Beach; said they were in the process of putting together a 9/11 remembrance with the El Segundo lodge and would like to put up a banner on Pacific Coast Highway and Tenth Street in Hermosa Beach; asked that the Council make an exception to the rule that states a non-profit organization must be located within the City to place a banner on PCH since their lodge is made up of residents from Hermosa Beach as well as Manhattan Beach.

      Action : Council consensus was to give direction to staff to consider this organization as a local one for this purpose. (Yoon absent)

    2. Letter from Roger Creighton dated May 29, 2005 regarding sidewalk access.

      Action: To receive and file and to give direction to staff to report back.

      Motion Keegan, second Tucker. The motion carried, noting the absence of Yoon.

    3. Letter from Roger Creighton dated May 29, 2005 regarding fire hydrants.

      Action: To receive and file.

      Motion Keegan, second Tucker. The motion carried, noting the absence of Yoon.

      Coming forward to address the Council at this time were:

      Roger Creighton – Hermosa Beach, said he was pleased to see that Hermosa Beach was giving tickets to control speed on The Strand and encouraged the continuance;

      Sam Perrotti – Hermosa Beach Art Walk, announced the next Art Walk on Thursday, June 16, from 5 to 9 p.m. on upper Pier Avenue; said the May event was very successful, the artists sold paintings and retail establishments had increased business;

      Patty Egerer – Hermosa Beach, asked the Council to review the policy on renaming streets; asked if the entire plaza or just the pier head had been named Schumacher Plaza (City Manager Burrell said there was no policy about renaming streets, that the Schumacher Plaza name applied to only the pier head, that sometimes a donation comes with a request for a name, as this one did, and it was approved by the Council, and that these issues are handled on a case-by-case basis);

      Steve Bopp – Redondo Union High School Centennial Celebration, presented the Council with T-shirts and a yearbook in appreciation for the City’s contribution toward the celebration; and

      Aaron Marks – President of the Hermosa Beach Firefighters Association, said the association had created a proposal to purchase new ambulances, increase ambulance revenue to offset the cost, outsource billing, and increase staffing to meet safety concerns for staff, residents, visitors and additional workload; said after Fire Department management refused to present the proposal to the Council, the association itself presented the proposal in December 2004, at which time the Council directed staff to work with the association and report back in April 2005, which did not happen; said the association reached out to management many times and last Thursday management responded with its own version of the proposal which, although it addresses many of the concerns, falls short on staffing issues.

  2. CONSENT CALENDAR:

    Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(d) Mayor Reviczky, (h) and (I) Keegan. Motion Tucker, second Edgerton. The motion carried, noting the absence of Yoon.

    At 7:40 p.m., the order of the agenda was suspended to go to public hearing items 5(a) and (b).

    1. RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 24 2005.

      Action: To approve as presented the minutes of the Regular City Council meeting of May 24, 2005. (Yoon absent)

    2. RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 40409 THROUGH 40619 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 40410 AS RECOMMENDED BY THE CITY TREASURER.

      Action: To ratify the check register as presented. (Yoon absent)

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

      This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to reschedule the budget workshop date, since not all Council members would be available June 2.

      Action : To receive and file Tentative Future Agenda Items as presented. (Yoon absent)

    4. RECOMMENDATION TO ACCEPT THE DONATION OF $20 FROM KIRK W. REEVE TO BE USED FOR JAZZ MEMORIAL PLAQUES. Memorandum from Finance Director Viki Copeland dated June 2, 2005.

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

      Action : To accept the donation of $20 from Kirk W. Reeve to be used for the Jazz Memorial plaques. Motion Mayor Reviczky, second Keegan. The motion carried, noting the absence of Yoon.

    5. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 18, 2005

      Action: To receive and file the action minutes of the Public Works Commission meeting of May 18, 2005. (Yoon absent)

    6. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060935 FOR A TWO UNIT CONDOMINIUM AT 634 SEVENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 7, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6393, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060935 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 634 SEVENTH STREET, HERMOSA BEACH, CALIFORNIA.” (Yoon absent)

    7. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #061058 FOR A TWO UNIT CONDOMINIUM AT 24 EIGHTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 23, 2005.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6394, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 061058 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 24 EIGHTH TENTH STREET, HERMOSA BEACH, CALIFORNIA.” (Yoon absent)

    8. RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF MANHATTAN BEACH ALLOWING CONNECTION TO THE MANHATTAN BEACH SEWER; APPROPRIATE $12,000 FROM THE SEWER FUND (160) TO PAY THE SEWER CONNECTION FEE; AND APPROVE THE TRANSFER OF $25,000 FROM CIP NO. 03-418 TO CIP NO. 02-412 TO COMPLETE THE SEWER CONNECTION. Memorandum from Public Works Director Richard Morgan dated June 6, 2005.

      This item was removed from the consent calendar by Mayor Pro Tempore Tucker to thank Mayor Reviczky for suggesting this cost-effective solution.

      Action : To approve staff recommendation to:

      (1) Authorize the City Manager to execute an agreement with the City of Manhattan Beach allowing the connection to the Manhattan Beach sewer;
      (2) Appropriate $12,000 from the Sewer Fund (160) to pay the Sewer Connection Fee; and
      (3) Approve the transfer of $25,000 from CIP No. 03-418 to CIP No. 02-412 to complete the sewer connection.
      Motion Tucker, second Keegan. The motion carried, noting the absence of Yoon.

    9. RECOMMENDATION TO AWARD CONTRACT FOR PROJECT CIP 04-534 PARK IMPROVEMENTS – BOWLING GREEN LAWN RENOVATION TO TRUGREEN LANDCARE OF GARDENA, CALIFORNIA IN THE AMOUNT OF $19,880; AUTHORIZE APPROPRIATION OF THE $5,000 DONATION FROM THE LAWN BOWLING CLUB; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE APPROPRIATED PROJECT BUDGET. Memorandum from Public Works Director Richard Morgan dated June 7, 2005.

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

      Action: To approve staff recommendation to:
      (1) Award the contract to TruGreen Landcare, of Gardena, California in the amount of $19,880;
      (2) Authorize appropriation of $20,000 from the Parks & Recreation Fund;
      (3) Authorize an additional appropriation of the $5,000 donation from the Lawn Bowling Club;
      (4) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
      (5) Authorize the Director of Public Works to make minor changes as necessary within the appropriated project budget.
      Motion Tucker, second Edgerton. The motion carried, noting the absence of Yoon.

    10. RECOMMENDATION TO AWARD CONTRACT TO RENOVATE THE FIRE STATION CREW RESTROOMS PER FIRE DEPARTMENT SPECIFICATIONS TO KEN LEAL PLUMBING AND AUTHORIZE $5,681 FROM ACCOUNT #180-8610-4201, “STATION SECOND STORY SUBFLOOR REPLACEMENT,” TO FUND THE PROJECT. Memorandum from Fire Chief Russell Tingley dated June 7, 2005.

      Action : To award contract to renovate the fire station crew restrooms per Fire Department specifications to Ken Leal Plumbing and authorize $5,681 from account #180-8610-4201, “station second story subfloor replacement,” to fund the project, as recommended by staff. (Yoon absent)

    11. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TEN MATTRESSES AND ONE BUNK BED FRAME AND AUTHORIZE $2,141.53 FROM ACCOUNT #180-8610-4201, “STATION SECOND STORY SUBFLOOR REPLACEMENT,” TO COMPLETE THE PURCHASE OF THE MATTRESSES AND BUNK BED FRAME. Memorandum from Fire Chief Russell Tingley dated June 7, 2005.

      Action : To approve the purchase of ten mattresses and one bunk bed frame and to authorize $2,141.53 from account #180-8610-4201, “station second story subfloor replacement”, to complete the purchase of the mattresses and bunk bed frame, as recommended by staff. (Yoon absent)

    12. RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING THE EFFORTS OF THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA LAND CONSERVANCY TO ACQUIRE 722 ACRES OF OPEN SPACE AND CREATE THE PORTUGUESE BEND NATURE PRESERVE. Memorandum from City Manager Stephen Burrell dated June 9, 2005.

      Action: To approve the staff recommendation to adopt Resolution No. 05-6395, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE EFFORTS OF THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA LAND CONSERVANCY TO ACQUIRE 722 ACRES OF OPEN SPACE AND CREATE THE PORTUGUESE BEND NATURE PRESERVE.” (Yoon absent)

    13. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF CANON IMAGERUNNER DIGITAL COPY/PRINT/SCAN/FAX NETWORKED OFFICE SYSTEMS FOR CITY HALL. Memorandum from City Manager Stephen Burrell dated June 7, 2005. Supplemental fax from Canon Copier regarding agreement for leasing copiers.

      Action: To approve the staff recommendation to authorize the purchase of Canon ImageRunner Digital Copy/Print/Scan/Fax Networked Office Systems for City Hall. (Yoon absent)

  3. CONSENT ORDINANCES

    1. ORDINANCE NO. 05-1250 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE PLUMBING CODE (CHAPTER 15.16) TO REQUIRE THE RETROFITTING OF GREASE REMOVAL SYSTEMS FOR FOOD SERVICE ESTABLISHMENTS, PROVIDING FOR ANNUAL INSPECTION OF GREASE RECOVERY SYSTEMS IN ALL FOOD SERVICE ESTABLISHMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated May 25, 2005.

      Action : To waive full reading and adopt Ordinance No. 05-1250. Motion Keegan, second Tucker. The motion carried by the following vote:

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

      At 9:05 p.m., the order of the agenda went to municipal matters item 6(a)

  4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

    Items 2(d), (h) and (i) 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.

    The meeting recessed at 8:38 p.m.
    The meeting reconvened at 9:07 p.m., with consent ordinance item 3(a).

  5. PUBLIC HEARINGS

    1. 2005-2006 BUDGET AND CAPITAL IMPROVEMENT PROGRAM

      1. ADOPTION OF 2005-2006 BUDGET. Memorandum from Finance Director Viki Copeland dated June 7, 2005.

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

        The public hearing opened at 8:02 p.m. Coming forward to address the Council on this item were:

        Kevin McCarthy – General Manager of The Beach House and Chairman of the Board for the Chamber of Commerce, said he was encouraged that the Council consensus seemed to be to not increase the transient occupancy tax; said increasing this tax would decrease occupancy and that increased occupancy in the last four years has benefited the City; said the Chamber of Commerce had invested $46,000 in advertising and would invest another $10,000 on behalf of all hotels to make them competitive, which increases hotel revenue and the TOT to the City;

        Mahesh Patel – Hampton Inn and Suites, said that room rates, as well as occupancy, had increased and that more tax was coming to the City;

        Ray Chen – General Manager, Holiday Inn Express, said that hotel business marketing was not easy and asked the Council, even though the City had a tight budget, to think very carefully before its final decision on a possible 2% increase of the TOT;

        Daniel Marinelli – an owner at The Beach House Hotel, said he realized the City needed extra revenue and that the State or Federal governments might find a way to take part of the Utility Users Tax, but felt it was important for the City’s hotels to stay competitive and urged the Council not to increase the TOT;

        Amish Desai – Grandview Hotel, said he had raised rates since purchasing the property four years ago and tax to the City had increased; said he was opposed to raising the TOT;

        Carla Merriman – Executive Director, Hermosa Beach Chamber of Commerce and Visitors' Bureau, presented a copy of the Chamber’s 2004 marketing campaign and explained details of the large number of potential tourists reached; urged the Council not to place a measure on the ballot to possibly raise the TOT; and

        Roger Bacon – Hermosa Beach, spoke against raising taxes and in favor of increasing revenue instead, saying he knew the City was in a tight situation; said a Suzuki franchise is available if there was a place in the City to put it and wished that a committee could be established to implement that.

        The public hearing closed at 8:20 p.m.

        Action: To decide against placing a measure on the November 2005 ballot to increase the Transient Occupancy Tax (TOT) and a measure on the November 2005 ballot to increase the Business License Tax.

        Motion Edgerton, second Mayor Reviczky. The motion carried, noting the absence of Yoon.

        Further Action: To declare funds in the Loma Improvement Fund in the amount of $99,877 plus any interest earned in 2005-06 as surplus and direct that the funds be credited to the assessment or returned if paid in full.

        Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon.

        Further Action: (1) To direct staff to prepare documents to increase development fees for Park Recreation In Lieu and Fire Flow, including a CPI increase, with direction to staff to automatically adjust per CPI on the master fee schedule each subsequent year; and (2) to postpone consideration of development fees for Sewer Connection until a later time.

        Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon.

        Further Action: To approve the contracts listed in the staff report, except City Prosecutor, for which staff was directed to request proposals, for services budgeted in the 2005-06 Budget.

        Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon.

        Further Action: To approve the staff recommendation to adopt Resolution No. 05-9396, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 2005-2006.”

        Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon.

      2. ADOPTION OF 2005-2006 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 2, 2005.

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

        The public hearing opened at 8:29 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:29 p.m.

        Action : To approve the staff recommendation to adopt Resolution No. 05-6397, 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 2005- 2006.” Motion Keegan, second Edgerton. The motion carried, noting the absence of Yoon.

    2. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2005-2006. Memorandum from Public Works Director Richard Morgan dated June 8, 2005.

      Action: To approve the staff recommendation to continue the public hearing to the meeting of June 28, 2005, as requested by the appellant.
      Motion Yoon, second Tucker. The motion carried by a unanimous vote.

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

      The public hearing opened at 8:31 p.m. Coming forward to address the Council on this item was: Patty Egerer – Hermosa Beach, asked the location of the district and for the purpose the funds would be used (Mayor Reviczky said the district covered the entire City and funds were used mostly for streetlights).

      The public hearing closed at 8:32 p.m.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6398, 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, 2005 AND ENDING JUNE 30, 2006 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2005-2006.” Motion Keegan, second Edgerton. The motion carried, noting the absence of Yoon.

      At 8:34 p.m., the order of the agenda went to item 4, consent calendar items removed for separate discussion.

  6. MUNICIPAL MATTERS

    1. DEPLOYMENT OF POLICE AND FIRE PERSONNEL FOR THE FOURTH OF JULY HOLIDAY. Memorandum from Police Chief Michael Lavin and Fire Chief Russell Tingley dated June 2, 2005.

      Police Chief Lavin presented the staff report and responded to Council questions.

      Action : To receive and file the report. Motion Tucker, second Edgerton. The motion carried, noting the absence of Yoon.

    2. AMBULANCE TRANSPORT PROGRAM. Memorandum from Fire Chief Russell Tingley dated June 9, 2005.

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

      Action : Action: To approve staff recommendation to:
      (1) Continue with the City’s own ambulance transport program;
      (2) Increase the ambulance transportation billing rate to the recommended User Fee Study of $773 for both residents and non-residents;
      (3) Authorize the purchase of two new ambulances;
      (4) Authorize the third-party billing services of Wittman Enterprises; and
      (5) Revisit additional staffing request after one full year of experience with new rates and billing services.
      Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon.

    3. NATURAL HAZARDS MITIGATION PLAN. Memorandum from Fire Chief Russell Tingley dated June 7, 2005.

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

      Coming forward to address the Council on this issue was:

      Carolyn Harshman – Emergency Planning Consultants, said an example of mitigation was retrofitting state-owned bridges and overpasses after the 1984 San Francisco earthquake, thereby probably saving many lives; said the Hermosa Beach mitigation team had come up with suggestions for the City, including improving the emergency operation center at the Community Center.

      Action : To approve the staff recommendation to adopt Resolution No. 05-6399, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE NATURAL HAZARDS MITIGATION PLAN.”

      Motion Keegan, second Tucker. The motion carried, noting the absence of Yoon.

    4. ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING NOISE FROM COMMERCIAL ESTABLISHMENTS ON PIER PLAZA. Memorandum from City Manager Stephen Burrell dated June 9, 2005.

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

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

      Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1251, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING NOISE FROM COMMERCIAL ESTABLISHMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.”

      Motion Keegan, second Mayor Reviczky. The motion carried, noting the absence of Yoon.

    5. REQUEST TO CONSENT TO ASSIGN THE FIBER OPTIC CABLE EASEMENT FROM TYCO TELECOMMUNICATIONS (US) INC. TO VSNL TELECOMMUNICATIONS (US) INC. Memorandum from City Manager Stephen Burrell dated June 9, 2005.

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

      Action : To approve the staff recommendation to approve the assignment of the Fiber Optic Cable Easement to VSNL Telecommunications (US) Inc. and direct the City Manager to execute the assignment document.
      Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon.

  7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

    1. LETTER PROPOSAL FROM TREYSPAN INC. EXPRESSING AN INTEREST IN OBTAINING A FRANCHISE AGREEMENT TO PROVIDE A WIRELESS BROADBAND SERVICE TO THE CITY. Memorandum from City Manager Stephen Burrell dated June 9, 2005.

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

      Coming forward to addressing the Council on this issue was: Mike Paley – Treyspan, Inc., said the equipment would be Strix, which is what the City already has; said the speed would start at DSL and move toward cable with similar pricing plans, about $20 to $40 per month; detailed his experience in telecommunications, working for cable and wireless providing services to the media, spending the last year building his company; said he had chosen Hermosa Beach as one of the cities to prove their business model and hoped for future expansion in other areas; said he was a lifetime resident of Hermosa Beach, had seen the struggle to develop WiFi, and thought the citizens would like a service like this; said there would be no degradation because wireless; described the size (about 14x12x14”), appearance, and number of locations required. (City Manager Burrell said there was an example of the equipment on a real estate building at the corner of Pier and Monterey).

      Action : To approve staff recommendation to direct staff to negotiate a non-exclusive franchise agreement and return with the franchise agreement for approval. Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon.

  8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

    None

  9. OTHER MATTERS - CITY COUNCIL

    None

    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 May 24, 2005.
    2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR

      Government Code Section 54956.8

      a. Property: 552 11th Place, APN: 4187-020-044 Negotiating Parties: Stephen Burrell & Stephen Grossman Under Negotiation: Price & Terms of Payment

    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
      Professional and Administrative Employee Group
      Hermosa Beach Management Association
      Hermosa Beach Police Management Association
      Unrepresented employees

    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, June 12, 2005, at the hour of 9:58 p.m. to a closed session.

RECONVENE TO OPEN SESSION

The Closed Session convened on Tuesday, June 14, 2005, at the hour of 10:13 p.m. At the hour of 10:43 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 14, 2005, at the hour of 10:44 p.m. to the Regular Meeting on Tuesday, June 28, 2005, at the hour of 7:10 p.m.

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