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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
of the City of Hermosa Beach, California, held on Tuesday, December 13, 2005, at the hour of 7:15 p.m.
PLEDGE OF ALLEGIANCE
Travers Divine
ROLL CALL
Present: Edgerton, Keegan, Reviczky, Mayor Tucker
Absent: Yoon
CONSIDERATION OF AN ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36512 TO PROVIDE THE CITY COUNCIL AN ALTERNATIVE PROCEDURE TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL.
Memorandum from City Attorney Michael Jenkins dated December 8, 2005
City Attorney Jenkins presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Dency Nelson – Hermosa Beach, questioned the urgency to provide this additional option; said perhaps Councilmembers Reviczky and Keegan would not have been re-elected if there had been a different slate of candidates and said their names should be on the ballot for a new election;
Terry Scott – Hermosa Beach, asked for clarification that, if this ordinance was adopted, there would still be an option for the Council to appoint someone for four years (she was told that would be the case); and
Tracy Robinson – Hermosa Beach, asked, if this ordinance was adopted, if a June election still cost the City extra money since there would be an election anyway; said the list of candidates might have been different if there had not been incumbents running in the recent election.
Proposed Action: To approve the staff recommendation to waive full reading and adopt an ordinance, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING FILLING COUNCIL VACANCIES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.”
Motion Reviczky, second Mayor Tucker. The motion failed, noting the dissenting votes of Edgerton and Keegan.
CANVASS OF VOTES AND INSTALLATION OF OFFICERS
City Clerk Doerfling presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 05-6433, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.”
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
City Clerk Doerfling administered the oath of office to Councilmembers Keegan and Reviczky and presented them with their election certificates.
Howard Fishman, also recently elected, was then called forward to be sworn in and because he was not present (due to his wife’s illness), his Council seat was officially declared vacant.
Councilmember Keegan thanked voters for electing him for a second term and said that he would do his best with good faith.
Councilmember Reviczky also thanked those who re-elected him, especially those who opened their homes and worked hard to give him the opportunity to serve the community again; thanked his wife for her support and introduced his family in the audience; said he was sorry Howard Fishman would not be serving on the Council because he deserved to be, and said his heart went out to Howard’s family in this tragedy.
Mayor Pro Tempore Edgerton congratulated Councilmembers Keegan and Reviczky on their re-election; said the City Council would do what was best for the community in deciding how to fill the vacant Council seat.
Mayor Tucker congratulated the re-elected Councilmembers; said his heart went out to the Fishman family and noted that Howard’s serving on the Council would have been a great asset to the community.
The meeting recessed at 7:50 p.m.
The meeting reconvened at 8:00 p.m., with all four current members present.
ANNOUNCEMENTS
Councilmember Keegan announced a disaster preparedness meeting at 7:00 p.m. December 14, in the Council Chambers, noting that the School Board meeting would take place at Valley School at the same date and time.
Mayor Pro Tempore Edgerton invited the community to the wrapping party for the Beach Cities Toy Drive on Saturday, December 17, at 11:00 a.m. in the Community Center gymnasium, with refreshments provided; named some of the charities who helped distribute the toys to needy children.
Mayor Tucker added that many local merchants participated in the Toy Drive by placing bins in their stores; encouraged the community to purchase their Christmas tree from the Kiwanis tree lot on the Community Center property and said that all proceeds go to charity.
Councilmember Reviczky said he had attended the North Grumman Publications Department luncheon on December 7, noting that this was the third year they designated Hermosa Beach as the recipient of their toys; thanked them for their generous participation and encouraged other organizations to include donations to the Beach Cities Toy Drive as part of their celebrations. He then announced the passing yesterday of Betty Evans, noting that she was an extraordinary person who would truly be missed in the community; said his heart went out to Gordon and their family, and requested that the meeting be adjourned in her memory.
Mayor Tucker said the tree lighting ceremony on December 1 was a great family event and thanked the Chamber of Commerce for their generous donation of $2,000 for the Beach Cities Toy Drive raised at their mixer that evening; announced the beginning of the City’s Centennial celebration on January 14, 2007, and invited everyone to attend the Centennial Committee meetings on the second Wednesday of each month at the Community Center at 5:15 p.m.; said the annual New Year’s Eve Celebration would take place again on Pier Plaza with live music from Big Band 2000; wished Hermosa Beach citizens and the City staff a Happy Holiday season; announced the passing of Paul Ishikawa, a long-time resident who was known as the Mayor of the greenbelt where he walked his dog; said he would be greatly missed and asked that the meeting be adjourned in his memory as well.
CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 22, 2005: No reportable actions.
PUBLIC PARTICIPATION:
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ORAL AND WRITTEN COMMUNICATIONS
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Letter from Patricia Egerer dated December 5, 2005 regarding signalization at Pacific Coast Highway at 16th Street. Supplemental letters received on December 13 from Carole Liddell and Fred Huebscher.
Coming forward to address the Council on this item was:
Patricia Egerer – Hermosa Beach, said the plan for the traffic signal at 16th Street was approved by the City Council in November 2003 to service the Pacific Coast Highway business corridor, specifically the three businesses at the major intersection – Von’s Market, a hotel and the Pavilion – with traffic being funneled from three different approaches, causing intensification of the intersection, degradation of the residential area and compromising pedestrian safety; said no impact study was done and the engineering firm erroneously concluded that 16th Street was viable to handle two-way traffic, but the street is not wide enough; strongly urged the Council to retain a consultant to study safety and traffic flow issues and the impact on residents; said when the developer’s request was approved in November 2003 the engineer said there was no anticipated physical impact; asked if that meant a pro forma was prepared and the developer agreed to absorb the cost; asked what type of agreement the City signed with the developer, if there were contingencies, and if the agreement had been reviewed by the City’s legal advisor; said the City should not proceed with the installation of signals at this intersection until an independent consultant provides an opinion and a public hearing is held.
Action: To receive and file the letter.
Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
Proposed Action: To conduct a public hearing at the Council meeting of January 10, 2006, to discuss mitigation of the approved traffic signal.
Motion Edgerton, second Mayor Tucker. The motion failed due to the dissenting votes of Keegan and Reviczky.
In response to Council questions, City Manager Burrell said traffic counts are being taken now and would be taken again once the signal is installed, that staff would monitor the intersection and report back to the Council once the impacts, if any, are known.
Coming forward to address the Council at this time were:
Lance Widman – Hermosa Beach School Board president, congratulated the re-elected Councilmembers and urged the Council to meet regularly – annually, if not more often – with the School Board as has been done in the past to discuss common issues for the community that both groups serve (Mayor Tucker said the superintendent should contact the City Manager to discuss schedules); and
John Burt – Hermosa Beach, asked that item 2(f) be removed from the consent calendar for discussion.
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CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Reviczky, (f) Tucker (for John Burt), (h) Edgerton, (j) Keegan, and (k) Reviczky.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
At 8:29 p.m., the order of the agenda was suspended to hear item 2(k), which had been removed from the consent calendar for separate discussion.
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RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 22, 2005.
Action To approve as presented the minutes of the Regular Meeting of November 22, 2005.
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RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 42297 THROUGH 42490, INCLUSIVE, ALONG WITH ELECTRONIC PAYMENT VOUCHERS TO SOUTHERN CALIFORNIA GAS COMPANY, AND TO APPROVE THE CANCELLATION OF CHECK NO. 42082, AS RECOMMENDED BY THE CITY TREASURER
ActionTo ratify the check register as presented.
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RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. 
Action To receive and file the Tentative Future Agenda Items as presented.
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RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 6, 2005.
Claimant: Donna Bullock Carrera
Date of Loss: 12/04, 5/20/05 & 11/17/05
Date Filed: 11/22/05
Allegation: Claimant alleges Hermosa Beach Police made unwarranted searches of home, refused to take police reports, and harassed her.
Action To deny the claim and refer it to the City’s Liability Claims Administrator, as recommended by staff.
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RECOMMENDATION TO ACCEPT DONATIONS OF $100 FROM JOANNE PARK, $25 FROM LINDA RUSSELL, $50 FROM NICHOLAS AND ROSEMARIE PENQUE, $25 FROM JAMES AND JANE GIERLICH, $50 FROM EXECUTIVE TRADING COMPANY, $10 FROM EDWARD AND JOY JARDIM AND $120 FROM OZZIE AND GLORIA CADENA TO BE USED FOR THE JAZZ MEMORIAL; $500 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR THE VETERAN’S MEMORIAL MAINTENANCE; AND $300 FROM THE WOMAN’S CLUB OF HERMOSA BEACH TO BE USED FOR THE SAND SNOWMAN CONTEST AND TREE LIGHTING CEREMONY. Memorandum from Finance Director Viki Copeland dated December 5, 2005.
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, as recommended by staff, the following donations:
(1) $100 from Joanne Park for the Jazz Memorial;
(2) $ 25 from Linda Russell for the Jazz Memorial;
(3) $ 50 from Nicholas and Rosemarie Penque for the Jazz Memorial;
(4) $ 25 from James and Jane Gierlich for the Jazz Memorial;
(5) $ 50 from Executive Trading Company for the Jazz Memorial;
(6) $ 10 from Edward and Joy Jardim, to be used for the Jazz Memorial;
(7) $120 from Ozzie and Gloria Cadena for the Jazz Memorial;
(8) $500 from the Woman’s Club of Hermosa Beach for maintenance of the Veteran’s Memorial; and
(9) $300 from the Woman’s Club of Hermosa Beach for the Sand Snowman Contest and Treelighting Ceremony.
Motion Reviczky, second Mayor Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO AUTHORIZE THE AWARD TO MODIFY THE FIRE STATION LOBBY PER FIRE DEPARTMENT SPECIFICATIONS TO MJ SEITZ CONSTRUCTION IN THE AMOUNT OF $12,738.63. Memorandum from Fire Chief Russell Tingley dated December 6, 2005.
This item was removed from the consent calendar by Mayor Tucker at the request of John Burt for separate discussion later in the meeting.
No one came forward to address the Council on the item.
Action To authorize the award to modify the fire station lobby per Fire Department specifications to MJ Seitz Construction in the amount of $12,738.63, as recommended by staff.
Motion Mayor Tucker, second Reviczky. The motion carried by a unanimous vote.
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RECOMMENDATION TO AUTHORIZE THE AWARD OF THE RE-ROOFING CONTRACT FOR PROJECT NO. CIP 05-633, RE-ROOFING OF CITY BUILDINGS – CITY YARD MAINTENANCE BUILDING AND COMMUNITY CENTER COMPLEX, IN THE TOTAL AMOUNT OF $166,027 TO BEST CONTRACTING SERVICES INC. OF GARDENA; AUTHORIZE THE TRANSFER OF $86,027 FROM CIP 05-120 TO CIP 05-633; 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 CONTINGENCY AMOUNT OF $10,000. Memorandum from Public Works Director Richard Morgan dated December 7, 2005.
Action To approve staff recommendation to:
(1) Authorize the award of the re-roofing contract for Project No. CIP 05-633 Re-Roofing of City Buildings – City Yard Maintenance Building and Community Center Complex in the total amount of $166,027 to Best Contracting Services Inc. of the City of Gardena;
(2) Authorize the transfer of $86,027 from CIP 05-120 to CIP 05-633;
(3) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
(4) Authorize the Director of Public Works to make minor changes as necessary within the contingency amount of $10,000.
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RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE TAXI CAB BASE RATE INCREASE TO $2.20 EFFECTIVE DECEMBER 13, 2005. Memorandum from City Manager Stephen Burrell dated December 7, 2005.
This item was removed from the consent calendar by Mayor Pro Tempore Edgerton for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Coming forward to address the Council at this time was:
Arnold Sax – former taxi driver, said there are communication radios in every cab as back-up for the computer scanners, which are normally used for contact with the dispatchers; noted that there are cab drivers who encourage passengers to call them directly; said sometimes a cab driver will call on another driver to take a fare if he is busy, noting concerns with some of the practices because of an inexperienced taxi driver and a tragic accident with a train in Compton; said there were “companies within a company,” cities were divided into zones, and there were many ways for drivers to beat the system.
Proposed Action: To approve the staff recommendation to adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN INCREASE IN TAXIMETER RATES.”
Motion Keegan, second Reviczky. The motion was subsequently withdrawn.
Action To continue the item to the Council meeting of January 10, 2006, and direct staff to provide information regarding taxi companies’ compliance with the franchise agreement.
Motion Edgerton, second Mayor Tucker. The motion carried by a unanimous vote.
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RECOMMENDATION TO ACCEPT THE WORK BY WILLIAMS PIPELINE CONTRACTORS, INC. FOR PROJECT NO. CIP 00-409 SEWER MANHOLE CONSTRUCTION AND REPAIRS – VARIOUS LOCATIONS AND PROJECT NO. CIP 00-412 TARGET AREA 2 SEWER IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE STAFF TO RELEASE PAYMENT TO WILLIAMS PIPELINE CONTRACTORS, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated December 7, 2005.
ActionTo approve the staff recommendation to:
(1) Accept the work by Williams Pipeline Contractors, Inc. for Project No. CIP 00-409 Sewer Manhole Construction and Repairs – Various Locations and Project No. CIP 00-412 Target Area 2 Sewer Improvements;
(2) Authorize the Mayor to sign the Notice of Completion; and
(3) Authorize Staff to release payment to Williams Pipeline Contractors, Inc. (10% retained for 35 days following filing of Notice of Completion).
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RECOMMENDATION TO APPROVE AN AMENDMENT TO THE CONTRACT FOR MEL GREEN & ASSOCIATES (MGA) AND WILLDAN ASSOCIATES FOR ON-GOING STAFF SERVICES FOR INTERIM SENIOR INSPECTOR POSITION. Memorandum from Community Development Director Sol Blumenfeld dated December 6, 2005.
This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting.
City Manager Burrell and Community Development Director Blumenfeld responded to Council questions.
Action To approve an amendment to the contract for Mel Green & Associates (MGA) and Willdan Associates for on-going staff services for interim senior inspector position, as recommended by staff.
Motion Keegan, second Reviczky. The motion carried by a unanimous vote.
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RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 7, 2005.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action To receive and file the action minutes of the Planning Commission meeting of December 7, 2005, with direction to staff to review the current development standards for small lots and look at possible changes, due to the number of variances being requested and granted.
Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
City Manager Burrell said review of the ordinance would be placed on the work plan to study needed changes for small lots.
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RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICE BETWEEN THE CITY OF HERMOSA BEACH AND CONSOLIDATED DISPOSAL SERVICE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated December 6, 2005.
Action To approve the First Amendment to Agreement for Solid Waste and Recyclables Collection, Processing and Disposal Service between the City of Hermosa Beach and Consolidated Disposal Service and authorize the City Manager to sign on behalf of the City, as recommended by staff.
At 8:32 p.m., the order of the agenda was suspended to go to public hearing items 5 (a), (b) and (c).
CONSENT ORDINANCES
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ORDINANCE NO. 05-1257 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 2005.
Action: To waive full reading and adopt Ordinance No. 05-1257.
Motion Reviczky, second Keegan. The motion carried by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
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ORDINANCE NO. 05-1258 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE) LEGALLY DESCRIBED AS LOT 9 WALTER RANSOM CO’S VENABLE PLACE.” For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 2005.
Action: To waive full reading and adopt Ordinance No. 05-1258.
Motion Keegan, second Mayor Tucker. The motion carried by the following vote:
AYES: Edgerton, Keegan, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: Reviczky (because he lives within 500 feet of the site)
At 10:59 p.m, the order of the agenda went to item 4 consent calendar items 2 (e), (f), (h) and (j) removed for separate discussion.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Item 2(k) was heard at 8:29 p.m. but is shown in order for clarity.
Items 2(e), (f) (h) and (j) were heard at 10:59 p.m. but are shown in order for clarity.
Public comments on items removed from the Consent Calendar are shown under the appropriate item.
At 11:18 p.m., the order of the agenda went to item 8(b).
PUBLIC HEARINGS
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CONSIDERATION FOR APPROVAL OF 2006 & 2007 ST. PATRICK’S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 18, 2006 AND SUNDAY, MARCH 19, 2006 AND SATURDAY, MARCH 17, 2007 AND SUNDAY, MARCH 18, 2007. Memorandum from Community Resources Director Lisa Lynn dated December 6, 2005. A supplemental memo was received on December 13 from Community Resources Director Lisa Lynn.
Community Resources Director Lynn presented the staff report and responded to Council questions.
The public hearing opened at 8:35 p.m. Coming forward to address the Council on this item were:
Virginia Scaccianoce - newly elected chair of the 12th annual St. Patrick’s Day event, taking over for Travers Devine, the event chair for the first 11 years; came to the podium with Michael Bell of Bell Event Services; said the parade is always held on Saturday, with a festival on Sunday but the committee was working toward eliminating the Sunday event after the conclusion of the currently proposed two-year agreement; described both events and said they were seeking corporate and local business sponsors to support the parade without the festival;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, said the Chamber supported the celebration, which brings out families and supports local businesses; said that their experience with Bell Event Services for the two fiestas indicated that they would do a good job for this event as well.
The public hearing closed at 8:43 p.m.
Action: To approve the recommendation of the Parks, Recreation and Community Resources Advisory Commission to approve the request from the South Bay St. Patrick’s Day Weekend Committee (SBSPDC), to conduct the annual St. Patrick’s Day Parade and Festival on Saturday, March 18 and Sunday March 19, 2006 and on Saturday, March 17 and Sunday, March 18, 2007, and to approve the following fee waiver/funding requests:
(1) A $15,000 allocation from the Downtown Enhancement Fund to cover direct costs for City services, not to exceed $15,000; a waiver of the following indirect City costs: parking, banner and amplification sound permit fees; and billing for Police, Fire and Public Works services at actual hourly cost;
(2) The utilization of City Parking Lot A for a Kiddy Carnival and Petting Zoo, 11th Street between Beach Avenue and Hermosa Avenue for a Food Court, and Pier Plaza for vendor booths;
(3) The closure, on the Saturday of each event year for the parade, of the following streets: Valley Drive from 8th Street to Pier Avenue from 7:00 a.m. to 1:00 p.m.; Hermosa Avenue from 13th St. to 8th Street from 10:00 a.m. to 12:30 p.m.; and 11th Street from Hermosa Avenue to Beach Drive from 7:00 a.m. to 7:00 p.m.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
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ADOPTION OF AN ORDINANCE RELATING TO CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005.
Personnel Director Earl presented the staff report and responded to Council questions. City Attorney Jenkins and attorney Brad Wahlenberg, from the law firm of Jenkins & Hogin, also responded to Council questions
The public hearing opened at 8:53 p.m. Coming forward to address the Council on this item was:
John Burt – Hermosa Beach, urged the Council not to adopt this ordinance; expressed concern about Adelphia being in bankruptcy; said the City should go with another company, but advised against an agreement with Verizon because of his bad experiences with the company.
The public hearing closed at 8:55 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1259, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, REDESIGNATING CHAPTERS 5.16 AND 5.17 OF TITLE 5 AS UNCODIFIED ORDINANCES, AND AMENDING TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.16U,” amended to add paragraph 16 to Municipal Code Section 5.16.070(A) to read as follows: “To the extent permitted by federal law, require the Grantee to provide public, education, and government (PEG) channels in the broadcast (lower) tier of channels.”
Motion Keegan, second Edgerton. The motion carried by a unanimous vote.
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EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND VERIZON CALIFORNIA, INC. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005. Supplemental letter of support for a Verizon franchise was received on December 13 from James E. Lyons, President of California State University at Dominguez Hills.
City Attorney Jenkins and attorney Brad Wahlenberg, from the law office of Jenkins & Hogin, also responded to Council questions.
The public hearing opened at 9:18 p.m. Coming forward to address the Council on this item were:
Tim McCallion – Verizon’s Pacific Region President, said their fiber optic network and video offering, if the franchise is approved, will greatly benefit the City and make it the first community in Los Angeles County and one of the few in the nation to have a competitive, fiber-based, video offering; said their Fiber to the Premise will provide the most advanced speed, reliability, and readiness for future capabilities and services; said transportation, economic development, education and access to City Hall would be enhanced by this advanced technology;
Tommy Curb – Verizon Business Representative, thanked City staff for nearly eight months of negotiations to provide cable TV competition for the City and for having the foresight to recognize the benefits of the new Fiber to the Premise technology which will provide cable TV service to Hermosa residents over Verizon’s telecommunications network, with nearly unlimited bandwidth; said the greatest benefit to this franchise, if approved, would be to provide competitive pricing, with less frequent rate increases, and more channel choices for Cable TV service in the City; responded to Council questions, stating that Verizon would be willing to interconnect with Adelphia, the current provider, and anticipated no problems in connecting with the current equipment in the Council Chambers; said Verizon was committed to airing the City’s government channel even if there are problems interconnecting with Adelphia and agreed to cover the cost to accomplish this direct connect; also agreed to change Section 6.1.2.4 of the franchise agreement to amend the time from 12 months to six months for the time needed to add two additional PEG channels;
Frank Uribe – Verizon Director of External Affairs, asked for a show of hands from Verizon employees and others in the audience who support the choices and benefits Verizon can provide, noting that in the interest of time, those people would not come to the podium to speak;
Carla Merriman – Executive Director of the Hermosa Beach Chamber of Commerce and Visitors’ Bureau, spoke of the Chamber of Commerce Board of Directors’ support of this venture; said that competition is always good for better services and urged the Council to approve the franchise agreement with Verizon, a long-time member of the Hermosa Beach Chamber of Commerce;
Carleen Beste – Hermosa Beach, spoke in support of Verizon’s proposal because of the new technology, additional choices, better customer service, and lower pricing; said that Verizon, as a corporate citizen and community partner, had been a sponsor of the Friends of the Parks recent Movie in the Park event to cover costs and that Friends of the Parks looked forward to working with them in the future;
John Burt – Hermosa Beach, asked if Verizon California and Verizon Wireless were the same company;
Dana Cantelmo – President of the Hermosa Beach Education Foundation, noted that Verizon had been generous with the Hermosa Beach School District and the Education Foundation; which spoke to their commitment to the community;
Judy RaPue – representing the Communication Workers of America, the union that represents Verizon members, said she was anxiously awaiting Verizon coming to her city of Redondo Beach; urged the Council to support the franchise agreement with Verizon; and
Matt Raymond – Hermosa Beach, spoke in support of the Verizon franchise agreement, agreeing that competition was good for the community.
The public hearing closed at 9:38 p.m.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1260, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING A NON-EXCLUSIVE FRANCHISE TO PROVIDE CABLE SERVICE TO VERIZON CALIFORNIA INC,” with Section 6.1.2.4 of the franchise agreement amended to change from 12 months to six months the time needed to add two additional PEG (public, educational and government) channels.
Motion Reviczky, second Keegan. The motion carried by a unanimous vote.
The meeting recessed at 9:40 p.m.
The meeting reconvened at 9:56 p.m., with item 8(a).
MUNICIPAL MATTERS
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BEACH DRIVE UTILITY UNDERGROUNDING DISTRICT. Memorandum from Public Works Director Richard Morgan dated December 6, 2005.
Public Works Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Action: To receive and file the project status report for the Beach Drive Utility Undergrounding District (UUD), as recommended by staff.
Motion Reviczky, second Mayor Tucker. The motion carried by a unanimous vote.
A subcommittee was established consisting of Councilmember Reviczky and Mayor Tucker to work in conjunction with the cities of Redondo Beach and Manhattan Beach to find a way to expedite these projects.
At 10:56 p.m., the order of the agenda went to item 3(a) Consent Ordinances
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
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REQUEST FROM ABC REGARDING APPLICATION OF LARA SOWINSKI, 302 PIER AVENUE, TO ALLOW ON-PREMISES WINE SAMPLING IN CONJUNCTION WITH OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated December 7, 2005. Supplemental memo received on December 13 from City Manager Steve Burrell.
Public Works Director Morgan presented the staff report and responded to Council questions.
Action: To direct staff to write a letter to the Alcoholic Beverage Control (ABC) stating that granting a license to allow the sampling of wine would serve the public convenience and necessity.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
At 10:47, the order of the agenda went to item 6(a).
MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
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CONSIDERATION OF APPOINTMENT OR SPECIAL ELECTION TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL. Memorandum from City Clerk Elaine Doerfling dated December 1, 2005.
City Clerk Doerfling presented the staff report and responded to Council questions.
Coming forward to address the Council on this issue were:
Terry Scott – Hermosa Beach, explained her strong commitment to the election process but felt it was common sense to appoint the candidate who had the fourth highest number of votes in the November 2005 election; stressed the value of having a full Council as soon as possible;
Matt Raymond, Hermosa Beach, said even though he realized there is cost associated with holding another election, he believed an election was necessary to preserve the credibility of the City Council;
Dency Nelson – Hermosa Beach, said the November election provided 10 candidates on the ballot and had a significant voter turnout, probably more than could be expected at an April 2006 election; said a June 2006 election would provide better voter participation but could be complicated by separate tables at the polls if not approved by the County for consolidation; said he opposed another election and favored appointing the receiver of the fourth largest number of votes;
Steve Francis – Hermosa Beach and Parks & Recreation Commissioner, said he might favor an appointment if the term were not a full four years; said the people voted for three Councilmembers, not four; said even though an election would be expensive, democracy was not cheap;
Jim Beaudet – Hermosa Beach, said Americans were dying in Iraq so they could have an election, and did not feel that the runner-up should be appointed; said if there was money in the budget, the City should have an election;
Christine Duclos – Hermosa Beach, said that she was in a teacher in the community and that her students were often surprised to learn how productive it could be to work on joint projects with those they would not have chosen; said the logical choice was to appoint her husband, Jeff Duclos, to fill the Council vacancy, noting that the Council might find it productive and successful to work with him;
Maura Nelson – Hermosa Beach, said she had performed an unscientific survey questioning many people with whom she spoke about the Council vacancy, and every single person felt it was common sense to choose the candidate who received the fourth largest number of votes;
Ray Waters – Hermosa Beach, said it would be advantageous to appoint someone to the Council, rather than waiting for a June election, because it would be difficult for a four-member Council to agree on issues raised; and
Geoff Hirsch – Hermosa Beach, extended his best wishes to the Fishman family; said even though in some ways it seemed logical to appoint the person with the next highest number of votes, it was impossible to know the outcome of the election if Howard Fishman had not been on the ballot; said an election was the best way to fill the vacancy.
Proposed Action: To appoint the person with the fourth highest number of votes (Jeff Duclos).
Motion Edgerton, second Mayor Tucker. A substitute motion was proposed.
Substitute Action: To accept applications (in the format presented) and continue the matter to the meeting of January 10, 2006, for a decision at that time on whether to appoint from among the applicants or call for an election to fill the Council vacancy created by Howard Fishman not assuming his elected office.
Motion Keegan, second Reviczky. The motion carried, noting the dissenting vote of Edgerton.
Further Action: To set a filing deadline of 6:00 p.m. January 3, 2006, for the submittal of applications.
Motion Keegan, second Mayor Tucker. The motion carried, noting the dissenting vote of Edgerton.
At 10:45 p.m., the order of the agenda went to item 7(a).
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CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated December 1, 2005.
City Clerk Doerfling presented the staff report and responded to Council questions.
Action: To designate, as the only change to the assignments, Mayor Tucker to serve with Mayor Pro Tempore Edgerton on the City-School District Partnership subcommittee.
Motion Edgerton, second Mayor Tucker. The motion carried by a unanimous vote.
OTHER MATTERS - CITY COUNCIL
None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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MINUTES: Approval of minutes of Closed Session meeting held on November 22, 2005;
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CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 4183-013-900
Negotiating Parties: Stephen Burrell & Larry Daniels
Under Negotiation: Price & Terms of Payment
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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
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ADJOURN TO CLOSED SESSION
The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, December 13, 2005, at the hour of 11:22 p.m. to a closed session.
RECONVENE TO OPEN SESSION
The Closed Session convened on Tuesday, December 13, 2005, at the hour of 11:28 p.m. At the hour of 11:44 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, in memory of Betty Evans and Paul Ishikawa, on Tuesday, December 13, 2005, at the hour of 11:45 p.m. to the Regular Meeting of January 10, 2006, at 7:10 p.m.
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