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Hermosa Beach News for 2007

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Top Stories on This Webpage: Starting January 4, 2007

Jury does not convict two in Pier Plaza confrontation - Jurors declined to convict two individuals last week accused of several misdemeanor violations by the Hermosa Beach Police Department during an incident that took place more than three years ago.  The defendants, Christopher Briley and Justin Thomas, were arrested July 4, 2003, after the two became embroiled in a melee with police officers attempting to maintain order on a Pier Plaza crowded with bystanders.  Briley was also charged with battery and challenging someone to fight in public, both misdemeanors.  “Mercy, we're grateful,” said defense attorney Thomas Beck. He added that his clients extend their “eternal gratitude” for the outcome, which found Briley not guilty on all but one of the charges brought against him - interfering with police officers.

 

Home invasion suspect turns herself over to police - A third suspect in the brutal Manhattan Beach home invasion robbery turned herself over to authorities almost a year after the crime that left a couple severely beaten occurred.  Tamieka Eleby, of Long Beach, walked into the Los Angeles County Sheriff's Department Century station on Jan. 2 in the afternoon, said Manhattan Beach Sgt. Steve Tobias.  A Manhattan Beach couple who had spent the evening at several bars in Hermosa Beach and had spent much of the night with the two female suspects whom they later took home with them, were later attacked by the two females and two male suspects, who authorities allege knew the two females, when the males arrived at the Manhattan Beach home later that night wearing masks. 

 

Family sues city, Caltrans over teen's death on PCH - The parents of a teenager who was killed earlier this year while crossing Pacific Coast Highway recently retained the counsel of a Beverly Hills law firm and submitted a claim to the city of Hermosa Beach alleging wrongful death.  The City Council denied the claim at its Sept. 12 meeting and referred the matter to the city's Liability Claims Administrator. The teenager's family has six months to file a lawsuit should they choose to do so.  The claim, which was submitted on behalf of William and Ellen Wright, named the city of Hermosa Beach and the California Department of Transportation as respondents.  In particular, it stated that these governmental entities failed to “timely install traffic and pedestrian controls,” conduct studies, or enact recommendations “for the purpose of safely controlling traffic and pedestrian flow.” The claim also stated that these “errors and omissions” “proximately resulted” in the death of the couple's son.

 

Photos of pedestrians using the 16th Street and PCH crosswalk

 

Hermosa Beach and Manhattan Beach Crime Close-Up.  Years 1998 to 2004 Crime Stat Comparison

 

City faces another police-related lawsuit - The Hermosa Beach Police Department had little time to celebrate a recent victory in federal court, as officials learned that yet another lawsuit was filed against the city, this time on behalf of an officer with the Los Angeles Police Department.  Samuel Marullo, a homicide detective with LAPD's Southeast Division, alleges in his complaint that Hermosa Beach police officers violated his civil rights and inappropriately arrested him on July 31, 2004.  Marullo's attorney, Thomas Beck, is the same attorney who just recently represented 23-year-old Kenneth Agner with his complaint alleging Hermosa Beach police officers used excessive force in his arrest. According to a July 21 story in the Daily Breeze, jurors in Agner's case “rejected all but one of Agner's complaints.”  Marullo's complaint names the city of Hermosa Beach, former police chief Mike Lavin, interim police chief David Barr and six other Hermosa Beach police officers as defendants.

 

Debate continues on maintenance district - At the public hearing on Hermosa Beach's supplemental maintenance district, local resident Shirley Cassell may have driven a stake into the heart of the proposal when she alerted the City Council of the existence of SB 61, a state bill that went into effect on July 1.  The bill is important because it includes a provision that specifically states voters are to receive two envelopes when partaking in an election involving assessments, one to place the ballot in, and another to place the envelope with the ballot in. Local residents were only sent one return envelope in a packet of information mailed to property owners in early June.

 

HB Planning Commission deadlocks on alcohol permit - The Hermosa Beach Planning Commission was unable to reach a consensus on a proposal to grant the owner of the Hermosa Pavilion a conditional use permit to serve alcohol on his property.  At the July 18 meeting, Pavilion owner Gene Shook took a decidedly different approach to present his vision of a new 8,000-square-foot restaurant to the Planning Commission.  Many of Shook's representatives described the new project as “organic” and “upscale,” but the local residents attending the meeting found little solace from these descriptions.  One homeowner, Lee Grant, had no problem with the introduction of a new restaurant, but objected to the idea of another establishment serving alcohol. “Why not complement them (the Pavilion's other tenants) with indeed what Mr. Shook suggests, which sounds like an organic restaurant, and let's serve green tea and let's stop issuing liquor licenses,” said Grant.

 

H.B. Pavilion parking to remain free, says council - The Hermosa Beach City Council voted unanimously to approve an April 18 decision by the Planning Commission to impose a two-hour free-parking condition at the Hermosa Pavilion site located on Pacific Coast Highway.  Several members of the community who reside in the vicinity of the building attended the meeting and spoke in favor of creating a free parking zone within the Pavilion's parking structure.  The owner of the Pavilion, Gene Shook, appeared alongside his attorney to address the council. Both submitted letters prior to the meeting stating their opposition to the Planning Commission's recommendation.

 

Letters - Enjoyed a ride-along - Life, as we residents know, changes in Hermosa Beach after the sun sets. The folks who are patrons of Hermosa Beach appreciate the establishments in this town for providing a fun place to gather with friends and partake in its natural beauty. With that said, the establishments need to duly recognize that the neighborhoods are taking the brunt. They need to be courteous to residential neighbors and consider the consequences of such excess.

 

ARMED ROBBERY/CARJACKING. A customer of a local supermarket was the recent victim of an alleged robbery and carjacking. The incident allegedly occurred in the 700 block of Pier Avenue on July 4 at 1:57 a.m. As the victim was about to enter his vehicle to leave the establishment, two individuals brandishing revolvers allegedly approached him. One suspect then pointed his gun at the victim's stomach and said, “I don't want to hurt you Š give me all of your money and your car keys.” A second suspect then physically moved the victim and stated, “Stand over here.” The two individuals then entered the victim's 2001 Jeep Cherokee and drove away. A third suspect driving a white van followed the victim's vehicle out of the parking lot. The victim's wallet, ATM card, cell phone and checkbook were all taken.

 

Farmers Market to celebrate 15 years - Anyone familiar with the Farmers' Market on Valley Drive and 10th Street may not know that it is celebrating its 15th anniversary this year. The Hermosa Beach Chamber of Commerce held the first Farmers' Market on July 15, 1991.  Featuring fresh fruits and vegetables, flowers and plants, bakery goods, seafood, gourmet cheeses and specialty foods, the market is the meeting place for residents, city personnel, schoolchildren and lunch-goers.  “Our market attracts not only the locals, but visitors from Redondo Beach and Manhattan Beach. Its open air atmosphere and friendly farmers provide a fresh alternative for the gourmet kitchens in our community, ” said Carla Merriman, executive director of the Hermosa Beach Chamber of Commerce & Visitors Bureau. “

 

HB Council agrees to tweak Pier Ave. striping project - he city of Hermosa Beach decided Tuesday night to continue tinkering with one of its main thoroughfares. By a 2-1 vote, the City Council agreed to spend an additional $8,015 to make changes to Pier Avenue's current configuration. City officials requested these changes to alleviate several problems with the Pier Avenue striping project, which saw the busy corridor reduced from a four-to two-lane road.  Councilman Michael Keegan was the lone nay vote on the council. He argued against the changes because, in his view, the restriping project only served to move traffic from one street to others in the area. “I would like to revert back to a four-lane road,” said Keegan. “I don't think spending $8,000 is going to solve this problem.”

 

Voters to decide on the formation of assessment district - Given the audience's reaction to a presentation last week by Joan Cox, an engineer with the firm Harris & Associates, city officials may soon regret awarding a $30,000 contract to the Irvine-based consulting firm. The firm was hired earlier this year to assist city officials with the implementation of a recent City Council resolution calling for the formation of a supplemental maintenance district to help pay for the city's street lighting and landscaping costs.  If approved, each owner of a single-family residence would pay an additional $14.30 per year, while nonresidential property owners would face an increase of between $42.90 to $210.81 per year, depending on the size of the property and whether trees or lights are in the vicinity.

 

In their own words: The four City Council candidates state their cases - On Tuesday, Hermosa Beach voters will take time out of their day to select one of four candidates running for one open seat on the Hermosa Beach City Council.  The current council members voted to hold a special election to fill the seat that has been vacant since November when Howard Fishman announced that he was giving up his seat that he won as a political newcomer to the five-member elected body.   Candidates “Kit” Bobko, Janice Brittain, Jeff Duclos and Jeff Maxwell recently spoke with The Beach Reporter newspaper on several issues that affect the city and what they will address as their biggest priorities if elected to office.

 

What Is Your Opinion?  Is Crime In Hermosa Beach Becoming More Dangerous?

Assault With a Deadly Weapon: 2:06 a.m. April 9, 00 block of Pier Avenue.  Police arrested one man on suspicion of assault with a deadly weapon for allegedly hitting and kicking the victim, who was taken to a hospital for treatment.  A second man, who may also have hit the victim, left with a third man.

 

 Hermosa Beach and Manhattan Beach Crime Close-Up.  Years 1998 to 2004 Crime Stat Comparison   http://www.hbneighborhood.org/My Web/1%20HB%20CrimeNews%202006%201.htm

 

View the CBS-TV Channel 2 news story on the Pier Plaza Assaults . . . 

Women attacked in 3 incidents near Pier Plaza in Hermosa Beach - Police fear two late-night incidents in the vicinity of bars are the work of one man, who may have also committed a 2004 assault in the same area.  All three women were walking alone.  Police in Hermosa Beach issued a warning Thursday for women to avoid walking alone late at night from Pier Plaza bars following two attacks that might be related to a brutal assault last year.  Investigators speculate that the man -- dubbed the "Late Night Attacker" -- was attempting to rape his victim Sunday when he grabbed her as she walked on Monterey Avenue in the south end of the city.  "We don't know what the motivation for the attacks is," Sgt. Paul Wolcott said. "They haven't actually been completed but ... the intent of the attacker was for sexually assaulting the victim."



The Beach Reporter – January 4, 2007

Hermosa Beach News

Jury does not convict two in Pier Plaza confrontation

Jurors declined to convict two individuals last week accused of several misdemeanor violations by the Hermosa Beach Police Department during an incident that took place more than three years ago.

The defendants, Christopher Briley and Justin Thomas, were arrested July 4, 2003, after the two became embroiled in a melee with police officers attempting to maintain order on a Pier Plaza crowded with bystanders.

Briley was also charged with battery and challenging someone to fight in public, both misdemeanors.

“Mercy, we're grateful,” said defense attorney Thomas Beck. He added that his clients extend their “eternal gratitude” for the outcome, which found Briley not guilty on all but one of the charges brought against him - interfering with police officers. On that count, the jury was unable to reach a verdict, voting 9-3 in favor of acquitting Briley. Thomas, who faced one count of interfering with police officers, received a vote of 8-4 in favor of acquittal.

 

Throughout the trial, jurors were shown footage of the incident that was captured on video by a local cable access show host and his cameraman. The host, Eric Coleman, is known for impersonating President Bush on his show and is shown in the middle of performing when the scuffle took place. Coleman testified as a witness during the trial and was even urged by one prosecutor to “give us your best impersonation” of the president while testifying under oath.

In addition to Coleman, several officers involved in the melee testified during the trial, including Officers Jonathan Sibbald, Landon Phillips and Sgt. Nancy Cook. Sibbald, who testified that conditions on the plaza that day were “overwhelming,” is seen breaking up a verbal confrontation between two individuals by grabbing one by the neck and taking him to the ground. The individual engaged in the confrontation was later identified as Randy Wareberg, a mutual friend of the defendants. Following Sibbald's intervention, other officers are seen moving into a defensive posture around their colleague, who appears in the video kneeling as he attempts to place handcuffs on the subdued Wareberg.

Thomas and Briley, who up until that time were near the perimeter created by the other officers, quickly became involved after protesting the rough arrest of their friend and fellow Fourth of July reveler. The footage reveals Briley in a scuffle with a person later identified as Officer Landon Phillips. Briley testified that he was unaware the individual was a police officer, believing him instead to be a friend of the person initially arguing with Wareberg. Prosecutors contended that Briley had just struck the officer off-camera, explaining a thumping sound heard just before Briley comes into view.

“I will admit I was a little resistant,” said Briley. “I didn't want to get thrown to the ground.”

 

Meanwhile, Thomas is seen in the video reacting to the officers' show of force by approaching the melee, disobeying instructions from Cook to stay back. Thomas testified that he began yelling “Illegal procedure,” prompting a response by Cook, who stepped in front of the defendant. Cook testified that she was trying to keep Thomas “from going to Briley's aid.” In the video, her right arm is seen moving in a swinging fashion toward the defendant's neck. According to a recent report in the Daily Breeze, Cook testified that Thomas “grabbed her wrist” and that she “struggled to break his grip and tried to take him to the ground.”

Briley, who is seen in the video sitting on the ground with handcuffs, stands up after officers begin to focus on Thomas. After doing so, Sibbald, who was moving to help Cook, returned to Briley and brought him to the ground in a clothesline maneuver reminiscent of those used by professional wrestlers. Following the arrest, the pair submitted a complaint to the Police Department alleging misconduct. But after the department initiated an investigation and found that the officers' actions were not excessive, the two, through their attorney, filed a lawsuit in federal district court. That matter remains open.

A hearing has been set for Jan. 29 in Division 2 of the Torrance courthouse to seek a resolution for each defendant's outstanding charge of interfering with police officers.

 


The Beach Reporter – January 4, 2007

Hermosa Beach News

Home invasion suspect turns herself over to police

A third suspect in the brutal Manhattan Beach home invasion robbery turned herself over to authorities almost a year after the crime that left a couple severely beaten occurred.

Tamieka Eleby, of Long Beach, walked into the Los Angeles County Sheriff's Department Century station on Jan. 2 in the afternoon, said Manhattan Beach Sgt. Steve Tobias.

“We're not sure why she decided now to turn herself in, but she knew there was an outstanding warrant for her arrest and she was definitely under a lot of pressure,” said Tobias, who added that authorities had been questioning her family and going to locations where she lived in Long Beach.

Eleby, the third of four suspects in the early March 2006 incident to be held accountable for the crime, appeared in court Jan. 3 and pleaded not guilty to two counts of attempted murder, two accounts of home invasion robbery and two counts of assault with a deadly weapon, said Deputy District Attorney Brad McCartt.

 

A Manhattan Beach couple who had spent the evening at several bars in Hermosa Beach and had spent much of the night with the two female suspects whom they later took home with them, were later attacked by the two females and two male suspects, who authorities allege knew the two females, when the males arrived at the Manhattan Beach home later that night wearing masks.

Police were able to track down two photos of the women taken that night at one of the bars, which has since lead to the arrest of the three of the suspects and the conviction of two.

Edna Monrreal also turned herself over to authorities, arriving at the temporary Peck Avenue Manhattan Beach Police station on March 16, 2006. She has been sentenced to seven years in prison for the crime, McCartt said.

Monrreal's arrest and conviction lead authorities to a third suspect, Rolland Wormley, of Bellflower, early on. He was picked up on a parole violation and was sentenced to 14 years, McCartt said.

The fourth suspect is still outstanding, McCartt said.

Eleby's preliminary hearing is scheduled for Jan. 18 at Torrance Superior Court.

 


The Beach Reporter – September 14, 2006

Hermosa Beach News

Family sues city, Caltrans over teen's death on PCH

The parents of a teenager who was killed earlier this year while crossing Pacific Coast Highway recently retained the counsel of a Beverly Hills law firm and submitted a claim to the city of Hermosa Beach alleging wrongful death.

The City Council denied the claim at its Sept. 12 meeting and referred the matter to the city's Liability Claims Administrator. The teenager's family has six months to file a lawsuit should they choose to do so.

The claim, which was submitted on behalf of William and Ellen Wright, named the city of Hermosa Beach and the California Department of Transportation as respondents.

In particular, it stated that these governmental entities failed to “timely install traffic and pedestrian controls,” conduct studies, or enact recommendations “for the purpose of safely controlling traffic and pedestrian flow.” The claim also stated that these “errors and omissions” “proximately resulted” in the death of the couple's son.

Ian Wright was killed March 16 after he was struck by a car traveling southbound on Pacific Coast Highway. The driver of the vehicle, Joy F. Urcia, is a resident of Huntington Beach. Though she is not listed as a respondent in the claim, her name does appear as a “proposed defendant.”

Media reports from the time of the accident point out that Wright attempted to cross the busy thoroughfare while riding a Razor scooter without a helmet. Though the teenager was in a crosswalk at the time he was hit, statements made by police officers to local newspapers indicate that the young boy may have been at fault. A press officer from the Hermosa Beach Police Department was quoted in the Daily Breeze stating that, “It's our preliminary belief that he may have created an additional hazard by his actions.” The same officer also stated that “fault was undetermined,” but that the teenager “might have entered the street to cross when it was unsafe.”

In a phone conversation earlier this week, Sgt. Tom Thompson indicated that the case was “presented” to the district attorney's office, but that charges against the driver of the vehicle were not filed. “They chose not to prosecute it, not that there isn't fault somewhere,” said Thompson. According to Thompson, Urcia was driving at approximately 30 to 35 mph when she struck Wright.

Following this year's incident, city officials moved rapidly to address any lingering safety issues with the intersection. A traffic light was installed at the intersection the week after the accident. City officials also considered removing painted crosswalks or placing “in-pavement flashers” at other locations to ensure similar accidents did not occur within the city. At the July 19 Public Works Commission meeting, Public Works Director Rick Morgan publicly addressed the teenager's recent death stating that “he is always hesitant to install crosswalks at uncontrolled intersections because of the false sense of security pedestrians get when using a crosswalk.” The commission ultimately declined to pursue the staff's recommendations and did not approve the removal of crosswalks at First, Third and Fourth streets.

 

In addition to the installation of the traffic light, the city instructed its traffic engineer, Ray Abassi, to conduct a traffic study to provide feedback on whether the light was creating more traffic in neighborhoods to the east of PCH. The city posted the completed study on its Web site in August. The 13-page report makes no mention of Wright's accidental death and indicates that the study was conducted “to determine if the existence of a traffic signal increases traffic volumes intruding on nearby residential streets.” The study makes several conclusions, including that “no significant level of residential intrusion has been identified” and that the traffic light has “statistically not changed the traffic volumes entering 16th Street east of PCH.”

Whether or not these actions will shield the city from liability remains yet to be seen. Should litigation eventually arise, the city's main defense will be that the busy street is not under the municipality's jurisdiction. City Attorney Mike Jenkins explained the city's position in a phone conversation earlier this week. “Everyone in the community was saddened by the death of the young man,” said Jenkins. “But the city denies liability and the city will defend itself (on grounds) including the fact that we don't own and operate the street in question.”

According to an employee with the Public Works Department, the city is responsible for “parking signage” and “some striping” along Pacific Coast Highway, but “only with Caltrans approval.” A Caltrans official declined to comment on the pending claim, stating the possibility of future litigation.

Though rare, accidents at the intersection of 16th Street and Pacific Coast Highway have occurred in the past. A Manhattan Beach teenager was killed in 1993 while riding a motorcycle southbound along PCH. He collided with a car that was traveling east along 16th Street.

 

Photos of pedestrians using the 16th Street and PCH crosswalk


The Beach Reporter – July 27, 2006

Hermosa Beach News

City faces another police-related lawsuit

The Hermosa Beach Police Department had little time to celebrate a recent victory in federal court, as officials learned that yet another lawsuit was filed against the city, this time on behalf of an officer with the Los Angeles Police Department.

Samuel Marullo, a homicide detective with LAPD's Southeast Division, alleges in his complaint that Hermosa Beach police officers violated his civil rights and inappropriately arrested him on July 31, 2004.

Marullo's attorney, Thomas Beck, is the same attorney who just recently represented 23-year-old Kenneth Agner with his complaint alleging Hermosa Beach police officers used excessive force in his arrest. According to a July 21 story in the Daily Breeze, jurors in Agner's case “rejected all but one of Agner's complaints.”

Marullo's complaint names the city of Hermosa Beach, former police chief Mike Lavin, interim police chief David Barr and six other Hermosa Beach police officers as defendants.

 

According to the complaint, Marullo and a fellow LAPD officer were waiting in line for a taxi at the Pier Plaza when another individual cut in front of them. Marullo and the other officer “called (the individual) on his line-jumping,” and attempted to rectify the situation. At this point, officers Don Jones and Steven Saylor with the Hermosa Beach Police Department allegedly arrived to assess the situation. According to the complaint, Marullo approached Jones and “identified himself as a peace officer with a concealed firearm.” Jones reportedly responded to Marullo with expletives, prompting Marullo to reply, “You should go back to Wal-Mart security.”

Saylor then allegedly “forcibly shoved” Marullo against a nearby wall and placed him under arrest charging him with violating Penal Code 647(f), the public intoxication statute. The complaint also alleges that while transporting Marullo to the police station, Officer Kelly Sullivan “intentionally slammed on her brakes,” subjecting him to a form of “physical abuse” known as a “screen test.”

The complaint describes the incident as “consistent with longstanding HBPD tradition that persons punitively arrested without legal justification are accused of violating Penal Code section 647(f)Š”. Marullo subsequently challenged the arrest in court and went to trial in 2005. He was found not guilty and subsequently filed an official complaint with the Hermosa Beach Police Department. According to the complaint, the department conducted a “cover-up administrative ‘investigation',” that resulted in the exoneration of the officers involved.

When reached by phone at the Southeast Division, Marullo was unwilling to comment about the pending lawsuit. “I'll speak to my attorney and see if he says it's a good idea,” he said.

 

Beck claims Marullo moved away from Redondo Beach as a result of the incident. “He is a homicide detective who used to live in Redondo Beach, but doesn't anymore because of this incident,” said Beck.

Marullo is not the first LAPD officer to file a lawsuit against the Hermosa Beach Police Department. Officer Mark Pompano, with the LAPD's Pacific Division, filed a civil suit against Hermosa Beach police officers in 2004 after he was arrested while attending a birthday party in Manhattan Beach. As with Marullo's case, Pompano was arrested on suspicion of public drunkenness, and was allegedly refused an alcohol breath test after offering to take one.

Subsequent to Pompano's arrest, the Federal Bureau of Investigation opened an investigation into the conduct of the Hermosa Beach Police Department. The investigation, which has lasted more than 11 months, is still ongoing, according to Ken Smith, a press officer with the FBI's Los Angeles field office. Smith did not specify what the outcome of the investigation would be or how long the investigation would continue.

 


The Beach Reporter – July 27, 2006

Hermosa Beach News

Debate continues on maintenance district

At the public hearing on Hermosa Beach's supplemental maintenance district, local resident Shirley Cassell may have driven a stake into the heart of the proposal when she alerted the City Council of the existence of SB 61, a state bill that went into effect on July 1.

The bill is important because it includes a provision that specifically states voters are to receive two envelopes when partaking in an election involving assessments, one to place the ballot in, and another to place the envelope with the ballot in. Local residents were only sent one return envelope in a packet of information mailed to property owners in early June.

The maintenance district was initially proposed by the City Council to help pay for a potential shortfall in the city's street lighting and landscaping district of $170,000. The city subsequently hired Harris & Associates, an Irvine-based consulting firm, to conduct the election. City officials cited Proposition 218 numerous times over the past few weeks to explain why only property owners were polled in the recent election, and not Hermosa Beach's large population of renters.

If approved, each owner of a single-family residence would pay an additional $14.30 per year, while nonresidential property owners would face an increase of between $42.90 to $210.81 per year.

 

Councilman J. R. Reviczky was the only official to defend the proposal, and used his time to explain to the audience the city's financial situation. “We have equipment replacement funds,” said Reviczky. “There's many, many accounts in there. Hermosa has no debt.” He then took umbrage at any implication of being fiscally irresponsible, stating, “It bothers the heck out of me that someone comes up here to tell me that we have so much money.”

After the public hearing, the city's consultant, Joan Cox, fielded questions from the council. She conceded that she was not aware of the existence of SB 61, and wrongly asserted that the legislation might not be effective yet. “If the bill passed on July 1, it is possible that it becomes effective on Jan. 1 (2007),” said Cox. She also added that because the ballots were sent out in June, the election should not be required to meet the specifications of the new law.

Reviczky did not dispute Cox's explanation, but did not agree with her position. “If, in fact, the law changed and we didn't follow the law, then we have a problem,” said Reviczky. “So I want that, to make sure that we're in compliance with what we did.”

Officials stated that as of Tuesday's meeting, approximately 2,778 ballots had been received by the city clerk. Tabulation of the ballots is expected to take two days, said Public Works Director Rick Morgan. The results of the election will not be announced until the next City Council meeting Aug. 8.

Cassell summed up the community's overall message with her public statement. “I think that your people did a very bad job,” said Cassell. “Except Mr. Bobko, who wasn't here, this company did a very poor job.”

 


The Beach Reporter – July 20, 2006

Hermosa Beach News

Planning Commission deadlocks on alcohol permit

The Hermosa Beach Planning Commission was unable to reach a consensus on a proposal to grant the owner of the Hermosa Pavilion a conditional use permit to serve alcohol on his property.

At the July 18 meeting, Pavilion owner Gene Shook took a decidedly different approach to present his vision of a new 8,000-square-foot restaurant to the Planning Commission. Shook was accompanied by a restaurant designer, a chef and an architect, and did not bring his attorney to challenge officials as he did at last week's City Council meeting.

Shook's designer stated that the owners of the new restaurant (of which Shook is a part owner), Still Water Contemporary American Bistro, are expecting to spend approximately $3 million to $4 million on the proposal. Many of Shook's representatives described the new project as “organic” and “upscale,” but the local residents attending the meeting found little solace from these descriptions.

Shook used his time to address several issues, including the current allocations of square feet laid out by the Planning Commission's staff report. He conceded that the Pavilion's current configuration of retail use is higher than the staff report's allocation (9,900 square feet versus 9,600 square feet). Shook worried that a future city council or commission might use this discrepancy to shut down the restaurant at a future point in time.

 

He also added that the Pavilion's “auto spa” should not fall under the city's ordinance pertaining to a “car wash” because the service provided merely steam-cleans cars, and does not have runoff typically associated with a car wash. Community Development Director Sol Blumenfeld had previously referred to the auto spa as “illegal” earlier in the meeting. He ended his comments by addressing the wishes of some to postpone the entire project. “I really want to get the construction done,” said Shook. “Waiting six months doesn't work.”

Local residents also appeared en masse to oppose the project. Only Carla Merriman, the executive director of the Hermosa Beach Chamber of Commerce, rose during the public comment phase to support the project. “I can assure you, that there will be no Jell-O shots or nachos on the menu,” said Merriman. She added that the new restaurant's sales and property tax would greatly benefit the city's general fund.

One homeowner, Lee Grant, had no problem with the introduction of a new restaurant, but objected to the idea of another establishment serving alcohol. “Why not complement them (the Pavilion's other tenants) with indeed what Mr. Shook suggests, which sounds like an organic restaurant, and let's serve green tea and let's stop issuing liquor licenses,” said Grant.

With only four commissioners present (Sam Perrotti did not attend), the group was unable to reach a consensus on the permit. Commissioner Pete Hoffman, who leaned against supporting the project because of its scope, echoed the comments of some in the audience, stating that once the city approved the sale of alcohol it would be very difficult, if not impossible, to rescind a future owner's permit.

 

One commissioner, Langley Kersonboom, suggested continuing the item for six months, to see if the parking issues addressed at last week's City Council meeting had been solved. Hoffman disagreed, stating it would be unfair to keep Shook Development on hold for such a long period of time. Several motions were offered before a continuance was approved. The issue will be heard at next month's Planning Commission meeting Aug. 15.

 


The Beach Reporter – July 13, 2006

Hermosa Beach News

H.B. Pavilion parking to remain free, says council

The Hermosa Beach City Council voted unanimously to approve an April 18 decision by the Planning Commission to impose a two-hour free-parking condition at the Hermosa Pavilion site located on Pacific Coast Highway.

Several members of the community who reside in the vicinity of the building attended the meeting and spoke in favor of creating a free parking zone within the Pavilion's parking structure.

The owner of the Pavilion, Gene Shook, appeared alongside his attorney to address the council. Both submitted letters prior to the meeting stating their opposition to the Planning Commission's recommendation.

Shook's attorney, Sean O'Connor, argued that the Planning Commission's decision was not supported by any evidence, and that the imposition of a free-parking condition would amount to an “unlawful taking,” an illegal act by a governmental body. “We believe that for a number of reasons that the decision was not only wrong, but unlawful,” said O'Connor.

 

City Attorney Mike Jenkins pre-emptively addressed O'Connor's argument, stating the definition of a “taking” may only apply to an entire parcel and not just the Pavilion's parking structure as O'Connor had argued in his letter. He also stated that if Shook presented the council with financial statements indicating a financial loss, the city is obligated to review the documents.

“The (unlawful taking) test basically concentrates on whether it deprives the owner of a fair return,” said O'Connor. “Remarkably, the city attorney seems to suggest the burden is on us to supply audited financial documents that demonstrate this would in fact cause severe financial harm to us.” O'Connor described that as “putting the cart before the horse,” and warned that Shook would fight any vote to uphold the Planning Commission's decision.

Most of those present at the meeting voiced their support for any attempt to disabuse 24 Hour Fitness patrons from parking in the residential area to the east of the building. One resident in support of the free parking condition suggested the Pavilion's tenants would be aided by the new condition. “You're actually going to be helping him (Shook),” said Howard Longacre. Some residents suggested increasing the proposal from two hours of free parking to three hours, or even free parking for the entire day.

Despite siding with local residents, the council generally remained polite as arguments were presented opposing the Planning Commission's recommendation. The sharpest questioning of the evening came during O'Connor's statements, though.

Ultimately, the council chose to keep the condition to two hours. “I'm in favor of the motion and we'll keep it at a two-hour limit,” said Mayor Pete Tucker. “If you are not done after two hours, you're not working out hard enough in my book, because after two hours you're ready to go home.”

 


The Beach Reporter – July 13, 2006

Letters to the Editor

Enjoyed a ride-along

Life, as we residents know, changes in Hermosa Beach after the sun sets. The folks who are patrons of Hermosa Beach appreciate the establishments in this town for providing a fun place to gather with friends and partake in its natural beauty. With that said, the establishments need to duly recognize that the neighborhoods are taking the brunt. They need to be courteous to residential neighbors and consider the consequences of such excess.

As a coordinator of Hermosa Beach Neighborhood Watch, I am privileged to know that there are officers who do an outstanding job keeping the peace, and responding to the residents' complaints and 911 distress calls. I was fortunate to walk alongside the HBPD. I went on one of the most popular holiday weekend nights at the beach, the Fourth of July. Before you criticize the HBPD, do me one favor and take a ride-along. It is the most eye-opening experience. When you walk in the shoes of the HBPD, my hope is that you leave knowing that the officers are deserving of our support. I can sleep better tonight knowing that Officers Parente, Sullivan, Kansako, Frilot, Sibbald and Watch Commander Garkow are watching over our diverse city. The HBPD is striving to align themselves with the community. We all love this beautiful town or we wouldn't live and work here.

We have an alluring gem of a city. Many are attracted to it. Residents must connect in their neighborhoods to assist our city's resources.

Kelly Kovac-Reedy, Hermosa Beach

 

Puzzled by events

During the June 26 public meeting hosted by the new Neighborhood Watch, an audience member asked interim Police Chief David Barr if the city could hire more police. He responded by asking her what other city service she was willing to give up, presumably to release the funds necessary.

In my mail a few weeks ago, I got a notice about a proposed property tax assessment to pay for city street lighting.

These events would make sense in a city that was strapped for cash, but occurring in Hermosa they are puzzling. Hermosa has had big budget surpluses in each of the last 10 years. The last two surpluses each were more than $3 million.

In the past, some city officials have claimed that there are no surpluses, that these are merely rollovers. For those who aren't sure who to believe, I offer the following. How did the city accumulate the $4.2 million cash it paid for the property south of City Hall without surpluses? The official worksheets showing the calculation of the surpluses are at:  www.noutilitytax.com/updates.html

Jim Lissner, Hermosa Beach

Concerned about CUP

Prevent destruction to neighborhood and safety. An important public hearing is scheduled at 7 p.m. Tuesday, July 18. The applicant's proposed project is an 8,000-square-foot alcohol outlet (restaurant/ bar) to be located at 1601 Pacific Coast Highway, (Hermosa Pavilion). This hearing is for an alcohol “on sale” CUP.

Residents located east of Pacific Coast Highway in the Hermosa Hills have reason to be concerned, if this 8,000-square-foot restaurant/bar is approved. Your presence at the meeting is important. Say no to negative impact. Bars are bad for neighborhood. Act now. Attend the hearing at 7 p.m. Tuesday, July 18, City Council chambers, Hermosa Beach.

Patty Egerer, Hermosa Beach

Looking for accountability

Regarding Hermosa Beach lighting/ landscaping, instead of ballots going to a company certified to count and store them, voters send them in a transparent envelope to Hermosa Beach City Hall where they will float around for more than a month before they are counted at City Hall.

If some ballots are marked no, can they be disposed of? This is not to say it will happen. If it did, this assessment could pass.

The representatives from the company sending the ballots admitted for every 10 ballots sent out, only two or three are returned.

Calls to that company for a second ballot, if your first ballot is lost or damaged, is sent to you. Can you then vote twice?

The cost of this boondoggle to Hermosa Beach is $30,000 so far. If this assessment bill passes, tax bills will go up every year. This is a forever tax. The city calls it an assessment. We all know it is a tax.

Shirley Cassell, Hermosa Beach

Lack of management

Beyond the Hermosa School Board's nefarious campaign to pass Measure “A,” wherein one participant dismissed his role in stealing campaign signs as being “genetically predisposed to” cheating, there is a far more serious concern of fiscal mismanagement. How is it that the Hermosa School Board could spend all of the $13 million initially bequeathed to it from the original bond measure and get so little for it? A gym without a floor and no new classrooms serves testament to the obscene squandering of public funds. On the face of it, awarding millions in bond money to a particular consultant that was isolated from any bid process reeks of malfeasance, especially in view of the consultant's large campaign contributions toward bond passage.

While some may focus on the lack of professionalism (or genetic defects) during the campaign, the Hermosa School Board's horrible lack of management should be a far greater concern. Until the Hermosa School Board is purged of the ninnies who cannot understand basic fiscal management, entrusting the School District with any further finances is throwing good money after bad.

Imagine a student looking at a gym without a floor through windows of an overcrowded classroom.

Robert Benz, Hermosa Beach
 

Looking for higher standards

I am shocked at the letters from people supporting Lance Widman taking down campaign signs. Does everyone take down signs? We all probably want to but most of us resist the urge because we know it is wrong - plain and simple. “Character, what you say or do when no one else is looking.” Widman boasting, “It's genetic, I see a sign I don't like and I take it down”-how can you possibly see that as being a good role model/neutral mediator? The sign thing is just a recent example; the letters and name-calling were also in extremely poor taste. A School Board member/mediator/college professor should have higher standards and better character, don't you think?

Jackie Tagliaferro knew she would not have to wait long for the sign to get stolen - signs barely lasted an hour before they “disappeared.” How was she to know that it was going to be Widman taking down the signs? It would have been a better use of Widman and the rest of the School Board's time to put some cost estimates in Measure “A” and a priority list-maybe “A” would have passed. Obviously there were more than three people who thought they were getting classrooms with Measure “J” and wanted more accountability with “A.”

It is hard to stick your neck out there. You have a much happier/easier life when you don't care. I'm thankful for everyone from “No on A” who cared enough to try and make a difference.

Kristine Keegan, Hermosa Beach

 


The Beach Reporter – July 7, 2006

Hermosa Beach News

School budget is passed without feared program cuts

A crowd of parents and teachers attending a June 28 special meeting of the Hermosa Beach School District erupted with applause after the board of trustees voted to approve a budget for the 2006-07 school year without eliminating any programs.

Prior to the board's decision, the district's Budget Committee had created a list of programs that were targeted as potential cutbacks. These programs included class-size reductions for kindergarten through third grade, an assistant principal, a music teacher, a science teacher and aides for the School District's libraries. Fearing reductions in the district's services, several parents mounted an intensive lobbying and fund-raising campaign in order to ward off any adverse impacts on next year's students, and were quite pleased with the outcome of the meeting.

At one point, a group of parents opposed to any cuts in class-size reductions refused to relinquish approximately $19,235 in donations to the board unless the board agreed to their requests. “Do we know if class-size reductions will not be cut?” asked Lindy Brownsberger. When the board did not respond affirmatively, Brownsberger returned to her seat from the podium without handing over an envelope containing the money.

All of this was too much for another parent, who rose to challenge Brownsberger's tactics. “This is a democracy. I would love my money to go to the assistant principal,” said Heidi Barnett. She added, “To hold money hostage is wrong. You have to trust these people (the board of trustees).”

April Lankford, a first-grade teacher at Hermosa View Elementary School, expressed dismay with the strife caused by any potential cutbacks. “It's never felt so divided,” said Lankford. “It's just getting ugly. It's just disgusting. Please don't cut anything.”

In a subsequent phone conversation, Superintendent Sharon McClain welcomed the heightened interest in the board of trustees' affairs despite the intensity of the debate. “We're thrilled with the wonderful support we've received from parents and the community,” said McClain. “It's very heartening that they value the programs.”

The board's decision took place in spite of one factor that the School District had little or no control over, but that might have weighed heavily on the outcome - the state's budget process. Gov. Arnold Schwarzenegger had not yet signed California's budget for the upcoming fiscal year when the board made its decision, but with his recent signature at an event last week, district officials are now able to move forward with more certainty about next year's programs.

Though no programs were eliminated or cut back in next year's budget, one small caveat to the board's decision arose during the meeting which might complicate things. District officials approved next year's budget despite a $38,000 shortfall and agreed to address it in either one of three ways before the start of school this fall. The board would either dip into the district's reserves of approximately 3.69 percent of the total budget (currently $10 million), count on funds raised by the community over the rest of the summer or depend on a combination of the two.

 


The Beach Reporter – July 7, 2006

Hermosa Beach – Crime Watch

HOME INVASION/ASSAULT WITH A DEADLY WEAPON. Two suspects reportedly entered an apartment at gunpoint on June 27 at 9:45 p.m. The incident allegedly occurred in the 1600 block of Ardmore Avenue. Someone noticed two individuals standing near his friend as he opened the door to the apartment. After the victim asked who they were, both individuals allegedly brandished pistols and forced their way inside. One victim was allegedly pistol-whipped in his left eye during the invasion. One suspect then demanded money while pointing a gun at the victim's head. A second suspect then separated the victim from his friends, forcing him to wait on the balcony of the apartment. When the suspect looked away, the victim jumped to the first floor and fled. The suspects, fearing capture, fled the building.

 

ARMED ROBBERY/CARJACKING. A customer of a local supermarket was the recent victim of an alleged robbery and carjacking. The incident allegedly occurred in the 700 block of Pier Avenue on July 4 at 1:57 a.m. As the victim was about to enter his vehicle to leave the establishment, two individuals brandishing revolvers allegedly approached him. One suspect then pointed his gun at the victim's stomach and said, “I don't want to hurt you Š give me all of your money and your car keys.” A second suspect then physically moved the victim and stated, “Stand over here.” The two individuals then entered the victim's 2001 Jeep Cherokee and drove away. A third suspect driving a white van followed the victim's vehicle out of the parking lot. The victim's wallet, ATM card, cell phone and checkbook were all taken.

 

VEHICLE BURGLARY. An acoustic guitar was reportedly stolen from a vehicle parked near Second Street and Hermosa Avenue on June 30 at around 3 p.m. The victim allegedly returned to his 2006 Ford Fusion to find the windows rolled down halfway and several items missing. The victim reported that a Yamaha (Model No. L-1000) acoustic guitar worth $1,000 and his friend's Hermosa Beach parking permit were taken.

 

GRAFFITI. Unknown suspects using spray paint cans allegedly wrote “MB 90266,” “MB” and “F- COPS” between 8 p.m. on July 1 and 9 a.m. on July 2. The graffiti was discovered on the east wall of a building located on First Place.

 

MORE GRAFFITI. New graffiti was found on two windows and the front wall of a building in the 900 block of Hermosa Avenue. The incident allegedly occurred between 5:30 p.m. June 30 and 9 a.m. July 1. 

 


The Beach Reporter – July 7, 2006

Hermosa Beach News

Farmers Market to celebrate 15 years

Anyone familiar with the Farmers' Market on Valley Drive and 10th Street may not know that it is celebrating its 15th anniversary this year. The Hermosa Beach Chamber of Commerce held the first Farmers' Market on July 15, 1991.

Featuring fresh fruits and vegetables, flowers and plants, bakery goods, seafood, gourmet cheeses and specialty foods, the market is the meeting place for residents, city personnel, schoolchildren and lunch-goers.

“Our market attracts not only the locals, but visitors from Redondo Beach and Manhattan Beach. Its open air atmosphere and friendly farmers provide a fresh alternative for the gourmet kitchens in our community, ” said Carla Merriman, executive director of the Hermosa Beach Chamber of Commerce & Visitors Bureau. “Our market manager, Mary Lou Weiss, employs only the best certified farmers in the state, many of whom travel from the San Diego and Sacramento areas to deliver produce that is picked that morning and is only hours old when it is sold. We are very fortunate to have Mary Lou, who is well-known for her expertise among the agricultural community.”

The market is held every Friday, rain or shine, from noon to 4 p.m. on Valley Drive at 10th Street. The market closes only the days after Thanksgiving and Christmas, but is otherwise open to be enjoyed by the community all year long. For more information, contact the chamber at 376-0951.

 


The Beach Reporter – June 29, 2006

Hermosa Beach News

Council agrees to tweak Pier Ave. striping project

The city of Hermosa Beach decided Tuesday night to continue tinkering with one of its main thoroughfares. By a 2-1 vote, the City Council agreed to spend an additional $8,015 to make changes to Pier Avenue's current configuration. City officials requested these changes to alleviate several problems with the Pier Avenue striping project, which saw the busy corridor reduced from a four-to two-lane road.

Councilman Michael Keegan was the lone nay vote on the council. He argued against the changes because, in his view, the restriping project only served to move traffic from one street to others in the area. “I would like to revert back to a four-lane road,” said Keegan. “I don't think spending $8,000 is going to solve this problem.”

Councilman J.R. Reviczky disagreed with Keegan's assessment of the situation. “Mr. Keegan's comments are very valid. Unfortunately, they're not supported by any data.” He added, “I think what the council is doing is prudent, not foolish.”

 

 

While Councilman Sam Edgerton was not present at the meeting, the newest member of the council did attend, though not in an official manner. Patrick “Kit” Bobko, who won the council's fifth seat in a recent election, attended the meeting as an observer. He was unable to vote on the matter, and will be sworn in at the City Council's next meeting July 11.

As it is now, Pier Avenue is divided into two 12-foot travel lanes, a 20-foot center turning lane and two 18-foot-wide diagonal parking aisles. Tuesday's decision will narrow the center turning lane from 20 feet to 15 feet and push the merger of westbound traffic past Bard Street. The new modifications were requested to halt traffic at the intersection of Pier Avenue and Valley Drive from backing up to Pacific Coast Highway, and to provide vehicles from the Fire Department an extra lane to use when eastbound lanes are blocked with traffic.

Though the city's staff report included an option to restripe Pier Avenue back to its original state, Public Works Director Rick Morgan advised the council against pursuing that solution. “Staff cannot recommend going back to the way it was,” said Morgan. According to the report, it would cost “approximately $10,000” to return Pier Avenue to a four-lane roadway.

Before voting to support the additional changes, Mayor Peter Tucker refuted the argument that the restriping project was an attempt by the city to allow more restaurants into Upper Pier Avenue. “This idea we're selling out to restaurateurs is not correct,” said Tucker. “I would like to try this one more time.”

During the public comment section, local property owner Roger Bacon expressed concern about the impacts additional changes would have on local businesses, given the competition from a new Whole Foods market in El Segundo.

“This is the main corridor of Hermosa Beach,” said Bacon. “We don't need any competition from Whole Foods on Sepulveda and Rosecrans.”

When added to the original $25,000 contract, the total cost to date for the restriping project totals approximately $33,000.
 

 


The Beach Reporter – June 29, 2006

Hermosa Beach – Letters to the Editor

Restriping created gridlock

The restriping of Pier Avenue has created gridlock in Hermosa Beach, and for what reason? Wider sidewalks at a cost of $2 million. Who benefits from the change? Primarily businesses, at the expense of residents and visitors who now suffer through gridlock traffic down this major artery.

Local papers have detailed the various infrastructure projects in our city - the master plan that was developed in 1990. However, there has been a complete absence of discussion regarding the subsequent effect of increased traffic on our infrastructure. Nothing has been published that addresses any infrastructure improvements. It is time for the city to address our infrastructure needs before it moves ahead with a master plan created more than 15 years ago that obviously did not foresee our current traffic problems.

If the city has no solution, then continued development of our small town should be slowed down dramatically, until a solution is found that effectively manages the resulting increase in traffic that it creates via these projects. The desire to increase customers for local business, while simultaneously reducing the infrastructure (eliminating a lane) is contradictory and actually absurd when most Los Angeles communities are addressing their own infrastructure problems via larger roads that efficiently move traffic.

The city purposefully removed the lanes from Pier Avenue because its goal was to “slow down” the traffic on Pier Avenue (its words). It has succeeded beyond its hopes. It has brought it to a grinding halt.

Carolyn Petty, Hermosa Beach



Not working

I was initially for the concept. After they put the “test” striping in place, it has failed miserably. Like many of the locals, I drive that route often and it has been very frustrating to go east and west on Pier Avenue. Good ideas do not always work.

Joe Anderson, Hermosa Beach



Transit opportunities decreased

No, this is not a workable plan. That is evident by the traffic mess the trial has already created.

No, it won't improve the situation. Why should the people have to accommodate an ill-conceived plan? Perhaps forever.

It already has resulted in more traffic on other streets. It will also change where people shop.

My question is, can Proposition “C” funds be used for a project that decreases public transit opportunities rather than its intended purpose of improving transit?

Becher Anderson, Hermosa Beach
 

Stop the vandalism

Over the last several years, the residents of Hermosa Beach who live west of Monterey Avenue have had to survive the beer bottles in their yards, public urination and the destruction of private property. Last Saturday night at 3 a.m., my car and my neighbor's car suffered the blows of a tire iron resulting in broken windows and body damage. A few months ago, the church on the corner of 16th Street and Manhattan Avenue had a brick thrown through a very expensive, 80-year-old stained glass window. These are not isolated incidents. The list of vandalism, thefts, battery, loud and disorderly behavior, and DUI driving resulting in hit and run accidents is long, and must be addressed and remedied. I am aware that with budget cuts and the magnitude of this problem, the Hermosa Beach Police Department is already overtaxed with respect to available resources but a solution must be found. Last Friday night cost me $841 and I stayed home. Can anything be done?

Rick Koenig, Hermosa Beach

Pier Avenue experiment a bad idea - As a resident of Hermosa Beach in an apartment adjacent to Pier Avenue, I must ask who thought turning Pier into a two-lane road was a good idea? As if traffic wasn't congested enough along this stretch on weekends and during city events, getting home at night has now turned into a 10-minute trip from Sepulveda to Manhattan Avenue. Two lanes of traffic merging into one in the stretch from Ardmore to Valley is absolutely a joke.  Was this decision thought out at all? Does this city planner even live in Hermosa? I shudder to think about how difficult it is going to be for residents to get around town this weekend during the AVP tournament. Please tell me this is a temporary idea that will go the way of Classic Coke.

Karen Carbone, Hermosa Beach

 


The Beach Reporter – June 22, 2006

Hermosa Beach – Letters to the Editor

Major problems

 

The changes have caused major problems with Hermosa residents who use Pier Avenue very often. I don't see the purpose except to get more parking revenue.

John Capraro, Hermosa Beach

Looking for less congested routes

After driving down upper Pier Avenue several times during peak usage times, I do not see how it can remain one lane. I am left wondering if a traffic study was conducted before the lane changes were made, even if they are temporary. I have seen traffic backed up almost to PCH several times and have already resorted to using both Longfellow and Eighth, two residential streets. I have a feeling that the residents on these streets will not be very pleased with the increasing traffic as drivers figure out less congested routes.

Howie Silverman, Redondo Beach

Promoting business

“Where but in Hermosa Beach would upper Pier Avenue, the central access to its downtown bars, be reduced to one lane to allow for still more alcohol-dispensing businesses on widened public sidewalks while causing bar patrons in their cars, cabs and limos to use residential side streets as the alternate access to that bar district?” That's quoted from a letter 10 years past when Hermosa's council took the first legal step toward a single-laned Pier Avenue.

The single lane is to promote more alcohol-dispensing establishments along upper Pier Avenue. Tiny Hermosa is alcohol-, cab- and parking-saturated in the night and needs not one more alcohol outlet of any k