Fight against oil drilling
As we approach our oil election, we must prepare for the avalanche of big oil propaganda trying to convince us to commit suicide. Everyone in Hermosa should keep in mind two bottom-line facts:
1. The oil company cannot come close to proving the benefits (money), or disproving the impacts (many). Proof beyond a reasonable doubt should be our standard. Our lives are at stake. 2. This project will have a huge negative impact on our quality of life, even if things go smoothly. But, of course, they won’t. Accidents happen, and our fragile, precious quality of life can disappear forever.
Allan Mason
Hermosa Beach
Explaining my failed motion
As a lawyer, I advise clients all the time that no matter what is said during contract negotiations, the writing governs. Even if you trust the other party, get it in writing. Why? It protects you and limits the possibility of expensive litigation to fight about the parties’ intent. That is one of the reasons that I recently made a motion to have our city attorney seek an amendment to the reimbursement agreement between the city and E&B, the oil company proposing to drill for oil and gas at Sixth and Valley. The agreement includes a broadly written provision, requested by E&B, that effectively allows E&B the opportunity to provide input on the hiring of oil-related consultants, provides them access to any such consultant and allows the oil company an opportunity to provide information in support of the project.
Our city attorney advises that E&B and the city generally agree (not in writing) that the intent of the provision in question was only to apply to the consultant for the environmental impact report (EIR). Besides my concern that there is no writing to that effect, I also made the motion to address public concerns over E&B’s “influence” (even if only perceived) over city-issued press releases and consultants generally. This reimbursement agreement was never approved by any City Council (ever) so this was our chance to have input and narrow the provision. The motion failed for lack of a second vote. This is one time I hope I am wrong because the alternative is more litigation or oil company influence. Neither alternative is acceptable.
Nanette Barragan
Hermosa Beach City Councilwoman
Requesting fairness
After reading last week’s article regarding my rescinding Silvio’s Brazilian BBQ’s offer to Hermosa Beach under the “Late Night Ordinance,” I would like to offer some clarification of why we did this.
Last July, Silvio’s Brazilian BBQ won a two-year legal battle versus the ABC regarding our hours of operation and the illegal conditions we had placed on our CUP via the recommendations of the city. I would like to thank Councilwoman Petty for being the first public official to apologize for what happened as it caused our small business five years of lost late-night revenues.
At that point we were allowed to stay open until 2 a.m. seven days a week. During a casual conversation with a member of Council, I was informed of the “late night ordinance” where the city requested that businesses could come to the table and negotiate trading in those late night hours for something in return.
Having an exemplary reputation as a great community business partner and holding one of the loosest and oldest CUP’s in Hermosa, we decided to offer the city the ability to morph our CUP to fall in line with its strategic plan for downtown Hermosa Beach. As the CUP is tied to the address, the city had the opportunity to change the CUP for the length of time the property existed, not our business, say 100 years.
So our small business paid more than $5,000 in fees to come to the city, under their ordinance, as requested, to offer our late night hours. The city was not prepared to reasonably negotiate whatsoever and we found ourselves in a no-win situation. The only offer on behalf of the city was a five page CUP completely changing who we are, and to turn our backs on a large portion of our existing customer base.
This is why we rescinded our offer and this is why we asked for half of our fees back. At the end of my presentation I found the reasoning very alarming that some of the new Council members stated for us not receiving a refund of our fees. They stated they spent a large amount of “personal time” on this matter, even “actually coming to the restaurant” to speak with me. Welcome to public service folks. That is what you were elected to do. Then saying the (appointed) planning commission and city staff (on salary) spent countless hours on this case and not once mentioning the single person on the flip side of the case, me, spending countless hours trying to get through an incompatible ordinance the city itself created, does not resonate with the “I support small businesses” platform some of them ran on to gain their seats on the council. Even going so far as saying this could open the floodgates to other businesses asking for their fees back.
Well, what other business in their right mind would even consider paying more than $5,000 applying to the city under this train wreck of an ordinance.
That is why I am making a public request for the City Council to re-visit my request for a refund of half of Silvio’s fees. The only reason we even applied was under the city’s ordinance, which the mayor himself admitted was broken. Refunding half of our fee is fair and proves that the city is accountable to its citizens and local businesses. I invite the citizens of Hermosa Beach to contact the City Council and support our fair and reasonable request.
Doug Howarth,
Managing Partner of
Silvio’s Brazilian BBQ
Hermosa Beach
