Campaign Issues in Detail

By Alan B. Benson

A Detailed Outline of the Issues for Hermosa Beach voters:

Measure E

Downtown Pier Plaza and Alchol Related Problems

Customer Service & Complaint System

Hermosa Beach Wi-Fi

MEASURE E: THE "OPEN SPACE" INITIATIVE

Al Benson, Hermosa Beach City Council Candidate, strongly urges all residents to vote YES on the OPEN SPACE Ballot Initiative. Lets keep control of our most prized but limited public assets, the Beach and Greenbelt, in the hands of the public where it belongs. . Contrary to opponents' assertions, under the California Code of Civil Procedure Sec. 1858-1866 http://www.leginfo.ca.gov/ , this Initiative/Measure does NOT prohibit underground improvements or the erection of temporary facilities ON the Beach for events such as the Summer Beach Concerts, Volley Ball Tournaments, and Surf Festival.

City Open Space, especially and specifically the Beach and Greenbelt, are the most prized and valued, yet limited and irreplaceable, Public recreation parkland and open space assets that must be protected and preserved for the Public Benefit. This Initiative must be passed to ensure these objectives are not subject to possibly irreversible capricious, politically or personally or otherwise motivated Council actions by requiring a citizen vote for additional above ground facilities such as structures, pavement, or parking (not maintenance).

Specifically, "This Initiative adds the Beach to the O-S-1 (Restricted Open Space Zone) and strengthens the protections prohibiting construction, development, and improvements in that zone to preserve in perpetuity for parkland and open space purposes the Greenbelt Area and Beach." However, "Replacement or repairs of EXISTING improvements in the O-S-1 zone within their footprint existing on the date of adoption of this ordinance shall be allowed." Specifically, PERMITTED IMPROVEMENTS ARE LIMITED TO:

(a) "Only non-building public improvements relating to landscaping, beautification, erosion control and irrigation improvements by the City of Hermosa Beach which are consistent with or necessary to maintain and assure permanent open space in and for public parks and recreation purposes or relating to anti-seawater intrusion wells as an existing use."

(b) "Improvements to only those two existing parking areas located within the Greenbelt Area across from Clark Stadium and City Hall consistent with or necessary to maintain and assure designated parking spaces, without expanding the existing parking area. SUCH IMPROVEMENTS SHALL BE OF A NATURE AND MATERIAL DESIGNED TO ENHANCE AND PRESERVE THE EXISTING NATURAL LANDSCAPE."

Why MUST this people's Initiative be passed?

1) The City Council currently retains the discretion to add parking to the Greenbelt. This Initiative will prohibit the addition of any NEW parking area on the Greenbelt or Beach without prior voter approval.

2) The vote 2 years ago against constructing a new bike path (in addition to The Strand) on the Beach does not prevent any future City Council from doing so. This initiative puts this decision-making power where it belongs: in the hands of the voting public.

In their ballot argument against this Initiative, the majority of the current City Council characterize the Greenbelt parking issue as "hypothetical" and incorrectly assert that "Greenbelt parking has been outlawed since 1992". However, the FACTS are:

In 1989, the voters by ballot measure created the Greenbelt Open Space (OS) zone (Initiative 89-1001). At that time, there were two parking lots on the Greenbelt, one across from City Hall, and one across from Clark Stadium.

As implemented in City Ordinance No. 17.32.090B, the only allowed improvements to these parking areas are those "consistent with or necessary to maintain and assure designated parking spaces, without expanding the existing parking area", and "shall be of a nature and material designed to enhance and preserve the existing natural landscape."

On May 12, 1992, the City Council decided to and did landscape the parking lot across from City Hall, leaving only that across from Clark Stadium remaining. However, there was NO change to City Ordinance No. 17.32.090B, leaving this parking lot still authorized. Thus, a new parking lot across from City Hall could be legally constructed by only a City Council vote unless the "Open Space Initiative" is passed, which will amend City Ordinance No. 17.32.090B to prohibit it unless voted upon and for by the public.

Furthermore, CONTRARY to opponents' assertions, under the California Code of Civil Procedure Sec. 1858-1866 http://www.ca.gov/ , this Initiative does NOT prohibit underground improvements or the erection of temporary facilities ON the Beach for events such as the Summer Beach Concerts, Volley Ball Tournaments, and Surf Festival. Specifically, per

CALIFORNIA CODE OF CIVIL PROCEDURE SECTION (CCCP) 1858-1866 http://www.leginfo.ca.gov/ ,

1858. In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted

1859. In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.

1860. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the Judge be placed in the position of those whose language he is to interpret.

1861. The terms of a writing are presumed to have been used in their primary and general acceptation

1864. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made.

1866. When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted.

I. In their Arguments Against Measure E, the opponents state: (a) "It must be inferred that the true intent of this measure is to eliminate a host of activities ON the beach which benefit the community", (b) "These beach activities and improvements would be banned because the measure bars any new structures temporary or otherwise."

THE TRUTH/FACTS/LAW

NOWHERE in Measure is the word "temporary" to be found, and therefore per CCCP Sec. 1858, such an "inference" is prohibited under California Law.

Furthermore, since the word "improvement" is nowhere defined in Measure E, per CCCP Sec 1861 it "must be "presumed to have been used in its primary and general acceptation" , which is

Webster's Dictionary defines the word "improvement" as "a change or addition to land, property, etc. to make it more valuable".

Temporary facilities erected for events that are erected and dismantled and removed for 2 or 3 days DO NOT meet this criteria and to contend so is prohibited under California Law.

II. In their Arguments Against Measure E, the opponents state (a) "The City would lose its ability to exercise an option of laying another UNSEEN fiber optic cable UNDER the Beach". And (b) "It would ban needed storm water runoff improvements".

THE TRUTH/FACTS/LAW

The opponents' contention that underground improvements are prohibited is a ludicrous contention since Measure E addresses ONLY improvements ON the Beach and Greenbelt in the OPEN SPACE of those zones. Specifically,

MEASURE E "TITLE": "AN ORDINANCE PROHIBITING CONSTRUCTION OF NEW PUBLIC IMPROVEMENTS ON THE BEACH AND ON THE GREENBELT"

The applicable "zone" designation is "O-S-1 (Restricted Open Space Zone)", and therefore clearly does NOT apply to any improvements under these areas where there is NO "Open Space" (only dirt and sand).

9210. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.

9215. If the initiative petition is signed by not less than 10 percent of the voters of the city ... the legislative body shall do one of the following:

(a) Adopt the ordinance, without alteration, at the regular

meeting...

(b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405 ...

("TITLE")

"AND ORDINANCE PROHIBITING CONSTRUCTION

OF NEW PUBLIC IMPROVEMENTS

ON THE BEACH AND ON THE GREENBELT"

(Deleted/Missing, immediately following this TITLE)

"WHEREAS in the last city election an overwhelming majority of the people rejected the construction of a bike path ON the Beach and reaffirmed that the Beach should be preserved as unimproved OPEN SPACE;

"WHEREAS the people desire to insure that the Greenbelt Area and the Beach, the two largest public recreation areas in the City of Hermosa Beach, be placed under uniform voter protection for the public's benefit and no new parking lot ON the Greenbelt or bike path ON the Beach is built without a vote of the people of Hermosa Beach;

WHO, IN VIOLATION OF CALIFORNIA LAW, PROVIDED THE CITY CLERK THE SUBSTANTIALLY ALTERED AND MISLEADING VERSION OF MEASURE E THAT CLEARLY HAD SUCH A DRAMATIC NEGATIVE IMPACT OF THE UNDERSTANDING OF IT'S SCOPE AND CONTENT?

(NOTE: Complaints will be filed with all appropriate State agencies to investigate and make this determination.)

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DOWNTOWN PLAZA (and adjoining areas)

The City Council, make the downtown pier plaza and adjoining areas appear as a major source of City revenue to justify their prior decisions in not addressing the problems (increasing crime and lack of public safety) with proper law enforcement, or the resulting numerous and increasing lawsuits draining our city resources.

HOWEVER, contrary to the assertions by members of the City Council, the "STATISTICS" show that: Assaults, Arrests, Criminal Citations and Disturbance Calls have reached All-Time Highs in Hermosa Beach since 1991. Since the Pier Plaza renovation, Assaults are Up 85%, Arrests are Up 128%, Criminal Citations Up 152% and Disturbance Calls Up 31%, from 1998 to 2004.

NOTE: Hermosa Beach has 2.4 times more retail alcohol outlets per square mile than Manhattan Beach.

Al Benson, when elected, will initiate aggressive coordinated efforts to address public safety, nuisance, and related issues to make the Plaza and adjoining areas SAFE and INVITING, minimizing or eliminating any public nuisances, crimes, and other adverse and detrimental impacts on businesses and resident quality of life. Specifically, these efforts will focus on alcohol related problems and crimes caused by out of control revelers that inundate these areas. Therefore, he will lead and assist in the definition, implementation, coordination, and progress monitoring of multiple organized efforts utilizing, in addition to the Police Department and other City management and staff, the substantial additional available public resources of the South Bay DUI Task force and the Alcoholic Beverage Commission ("ABC", previously "unwelcome" in Hermosa Beach). It will also include the active involvement of residents and business communicating and working together cooperatively through the Community Involvement Program.

Al Benson will expend, the time and effort required to lead and assist in this determined effort to ensure that its goal is achieved with negligible, if any, additional cost to the City.

Focus will be on:

o Patrol and Enforcement Plan - Develop, implement, monitor, and evaluate a plan, including staff and funding requirements and available resources to (a) provide roving Police Officer foot patrols in the affected areas during prime problem hours, and (b) to enforce all Hermosa Beach and State (ABC) codes, and alcohol license, CUP, and "Encroachment Permit" restrictions.

o Alcoholic Beverage Commission + "ABC" is a special fund agency. Its budget and programs are funded entirely by license fees from the alcoholic beverage industry.

Heretofore, the ABC and its substantial resources have been "UNWELCOME" in Hermosa Beach. We will make the ABC "WELCOME" and utilize its available programs including enforcement staff, and GRANTS to the City for any related purposes including police officer overtime pay. http://www.abc.ca.gov/

Enforcement: ABC Investigators: They are peace officers under the California Penal Code and are empowered to investigate and make arrests for violations of the Business and Professions Code that occur on or about licensed premises, and to enforce any penal provisions of the law. Licensees who violate State laws or local ordinances are subject to disciplinary action and may have their licenses suspended or revoked.

Grant Assistance Program to Local Law Enforcement: Its mission is to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance problems associated with problem alcoholic beverage outlets, and then institutionalize those approaches within the local police agency. The main success of the program has been its effectiveness in strengthening the working relationship between ABC and the various local law enforcement agencies in California. This State and local partnership results in a more effective use of human resources, a reduction in crime, and a more efficient use of taxpayer funds.

LEAD (Licensee Education on Alcohol and Drugs) Program: This highly successful free, voluntary prevention and education program for retail licensees, their employees and applicants will be made mandatory in Hermosa Beach. The mission of the LEAD Program is to provide high quality, effective and educationally sound training on alcohol responsibility and the law to California retail licensees and their employees. It provides them with practical information on serving alcoholic beverages responsibly and legally, and preventing illicit drug activity at the licensed establishment.

o D.U.I Checkpoints utilizing the "South Bay DUI Task Force", and periodic D.U.I Eradication By Aerial Enforcement (D.E.B.A.E.)

In addition concerted and repeated D.U.I Checkpoints utilizing the "South Bay DUI Task Force", obtain grants from the California Office of Traffic Safety (O.T.S.) for D.U.I. enforcement using the highly successful D.E.B.A.E. helicopter to arrest more D.U.I. suspects using less overtime and less manpower (nearly 5 times less manpower). Other proven advantages include (a) maintains a "mobile target area", alleviating traffic delays caused at a fixed checkpoint, (b) word of a "D.U.I. checkpoint" does not get around the local bars (allowing drunk drivers to avoid being stopped), and (c) the publicity generated as a result of operation D.E.B.A.E. serves as a deterrent to drunk driving in itself.

http://www.alea.org/public/airbeat/back_issues/may_jun_2004/drunk_drivers.htm

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CUSTOMER SERVICE &

COMPLAINT SYSTEM

1) CUSTOMER SERVICE MUST BE THE HIGHEST PRIORITY. A TRADEOFF MUST BE MADE BETWEEN 4 DAY EXTENDED HOURS WORK WEEK VS. 5 DAY CUSTOMER SERVICE SUPPORT. TO ACCOMPLISH THIS, ON AN INCIVICUAL DEPARTMENT BASIS, STAFF SHOULD BE SPLIT WITH OVERLAP TO PROVIDE AT LEAST MINIMUM EXTENDED HOUR CUSTOMER SERVICE 5 DAYS A WEEK.

2) CITIZENS ARE ENTITLED TO HELPFUL COURTEOUS TREATMENT, WITH ALL LAWS FAIRLY AND UNIFORMLY ENFORCED. EMPLOYEE MISFEASANCE, MALFEASANCE, AND ABUSE OF AUTHORITY CANNOT BE TOLERATED. A FORMAL COMPLAINT SYSTEM WITH TIMELINE MUST BE IMPLEMENTED INTO THE HERMOSA MUNICIPAL CODE ENSURING THAT COMPLAINT FORMS/PROCEDURES ARE ALWAYS AVAILABLE AT PUBLIC COUNTERS, COMPLAINTS ARE FILED WITH THE CITY CLERK, WITH UNBIASED TIMELY INVESTIGATION AND WRITTEN FINDING, MANAGEMENT AND EMPLOYEE ETHICS, PERFORMANCE, ACCOUNTABILITY

CITIZENS ARE ENTITLED TO HELPFUL COURTEOUS TREATMENT, WITH ALL LAWS FAIRLY AND UNIFORMLY ENFORCED. EMPLOYEE DISCOURTESY, MISFEASANCE, MALFEASANCE, AND ABUSE OF AUTHORITY CANNOT BE TOLERATED. This requires implementation of a system of checks and balances including mandated procedures and documentation that provide for active and continuing City Council efforts to monitor, evaluate, and ensure this via both a FORMAL and INFORMAL CITIZEN COMPLAINT SYSTEM (TIMELY, FAIR, OPEN, AND INTERACTIVE)

- FORMAL: Implement into detailed ordinance ensuring written complaints are filed, heard, investigated, and responded to in a fair, open, and timely manner

- INFORMAL: COMMUNITY INVOLVMENT PROGRAM (Regular Bi-Monthly plus emergency meetings with 1 or 2 City Council Members)

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CITY MANAGEMENT STAFF

QUALITY PAY = QUALITY PEOPLE

Compensation should be examined for all City employees to ensure that it is competitive with other Cities in the area in order attract and retain quality employees.

As in industry, ALL potential employees must undergo an employment screening, including a background check. The City Council must be provided an employment screening package for each selected employee for any position, with final approval power by majority vote of the City Council.

BUILDING STANDARDS AND ZONING CODE REQUIREMENTS

Implement into ordinance detailed procedures ensuring that State and City codes are uniformly and FAIRLY applied and enforced in a timely manner, including expedient rights to appeal and protection of adjacent property during construction.

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PARKING

This has always been and continues to be is a complex multifaceted issue that needs to be continually addressed.

Develop and implement a long-term plan to address parking including evaluation of General Plan, zoning, and parking requirements

- Parking for certified disabled persons

- Encourage and approve the establishment of Preferential Residential Parking Areas per H.B. Municipal code 10.36.060, with the following provisions implemented in the Municipal Code:

Parking Permits issued upon resident request as currently done for Yellow Post Parking Meters (Car stickers and Guest Pass), at same cost per permit.

City Street signs denoting "Restricted Residential Parking AREA" paid for by one time assessment to property owners (total cost divided equally). The signs will denote the specified days and hours of enforcement (e.g. nights and weekends 5PM + 10PM)

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STREET RENEWAL AND UNDERGROUND UTILITIES

- Continue to review plan and priorities (particularly priorities with regard to runoff, drainage, and flooding)

- Utilities Undergrounding: Owners of properties on streets which are to be repaved but yet to be undergrounded shall be notified and presented with opportunity to establish underground district significantly in advance to allow establishment of undergrounding districts.

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CITY SPONSORED (FREE) WIRELESS INTERNET ACCESS SYSTEM

I am willing to revisit this Issue. However, it is unclear whether the City sponsored system was properly and adequately analyzed and evaluated on the basis of cost, performance, maintenance, and most importantly SECURITY. Specifically,

"SECURITY" is an issue of utmost importance that MUST be thoroughly addressed. If security is not provided for and maintained to the latest industry standards, users this system for other than just browsing (e.g. financial transactions) may find themselves victims of identity theft, fraud, and other related crimes. Therefore, if Security is inadequate, users may find that they must still maintain other commercially available Internet access for these uses. This could most certainly have a detrimental impact on its usage, and therefore its financial viability as a free access system. At the very least, potential users must be informed of any deficiencies or limitations associated with Security of any City sponsored wireless Internet access system.

"LIABILITY" is another issue of utmost importance that MUST be addressed. If adequate security is not provided for and maintained to the latest industry standards, the City could be subject to lawsuits by users that are victims of identity theft, fraud and the other related crimes. Adequate insurance, if available, would be necessary and be an additional cost of the system.

Consequently, while we can revisit this issue, I believe that we should prioritize our limited resources to first addressing the more important issues facing our City, such as public safety and law enforcement in the downtown plaza and adjoining areas, and sorely needed repairs or replacement of streets, and drainage and sewage facilities. Nevertheless, any evaluation of a City sponsored system should also consider the following as alternatives:

Hermosa has already given a franchise to another Wireless Internet Service provider to install a low cost system in Hermosa with a projected user cost of about $15/month.

Just recently Google, the second largest U.S. telecom company, proposed to provide free, wireless high-speed Internet access to the city of San Francisco. We should pursue this option as well which would not require any financial investment or liability risk to the City, and would ensure "Security" to the latest and highest standards.

PUBLIC CONTRACTS

ALL SIGNIFICANT CONTRACTS IN EXCESS OF A SPECIFIED AMOUNT MUST BE REVIEW BY AN OUTSIDE LAW FIRM TO ENSURE THAT POTENTIAL LIABILITY IS IDENTIFIED AND LIMITED.

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RECYCLING

In order to preclude potential State fines of up to $10,000 per day:

1) Continuing public notification of State recycling requirements and associated City penalties: On City Website, included in billing statements by Consolidated, and periodic public reports on City progress reported on Website and Local newspapers (Beach Reporter and Easy Reader) and City Council meetings.

2) Promote and encourage anonymous reporting by residents and businesses of scavenging

3) Strict enforcement of Hermosa Beach Code by Police and affiliated City staff to prohibit and stop scavengers from collection at residences, businesses, and on the Beach.

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PUBLIC RECORDS

City Council meetings must be recorded on DVD, and identified and retained indefinitely.

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SMOKING BAN ON THE BEACH AND PIER

I would encourage support for a smoking ban ordinance on the Beach and Pier. Cigarette filters are not readily biodegradable. While I am sure that many smokers are environment conscious, many are not.

Alan B. Benson + Candidate Statement

Candidate for Hermosa Beach City General Municipal Election

Member of the City Council

Age: 53 Occupation: Freelance TV Post Production

My wife and I have owned a home in Hermosa Beach for 19 years. I am a graduate of Otterbein College and a landlord.

As your city council member I will expend the time and effort to accomplish the following goals.

I will direct the city manager to:

Implement a plan to reduce the alcohol related crime and problems caused by out of control revelers that inundate Hermosa Beach neighborhoods and Pier Plaza.

Increase DUI checkpoints.

Cite bars for occupancy violations and limit over-serving of alcohol.

Cite all CUP violations and noise & nuisance laws citywide.

Implement a problem solving complaint system that is results oriented and reviewed by the city council.

Protect the safety of our school children and pedestrians by removing illegal obstructions on sidewalks.

Enforce violations that exceed building height limits.

Pass the "Open Space Initiative" + Current zoning laws in Hermosa Beach allow three city council members to approve the construction of a parking lot on the greenbelt and a separate bike path on the beach.

Pass this initiative and only Hermosa Beach voters will approve these construction projects.

For more campaign information, go to: http://www.hbneighborhood.org

Please call me at 310-383-3740 or e-mail me at: votebenson@adelphia.net