Hermosa Beach News

H.B. Commissioners take another look at downtown

By Chris Yang

Local officials expressed concern with the current situation on the pier plaza during last month's Planning Commission meeting, but commissioners ultimately declined to pursue any measures that would significantly alter the status quo. Instead, the commission opted to issue a stark warning to businesses on the plaza and in the downtown area - shape up, or prepare to ship out.

Every year, the Planning Commission is charged with reviewing conditional use permits from downtown area businesses as part of the city's annual review process. That process originated following a decision by the commission in 2003 to combine permit reviews for several different establishments into one meeting at the beginning of the calendar year.

But if residents are expecting big changes following an annual review, they may be waiting for quite some time given the record of past hearings. After the commission conducted its first review in 2004, staff was directed to schedule a “formal review” of the conditional use permits for two plaza establishments based upon incident reports compiled by the Police Department.

But when the commission held its next meeting in March, officials backed down and nixed the review of Aloha Sharkeez's and Sangria's CUP because there was “not enough evidence” that the two businesses were in violation. The decision to back down was made, according to the minutes of the meeting, “as a result of conversations among city staff, the city manager, (and) the police and fire departments.”

The commission declined to pursue conducting “formal reviews” at its next yearly review in 2005 and opted instead to continue “informal hearings” with six noncompliant businesses, all located on the pier plaza. Two of the businesses, Sharkeez and Dragon, were singled out at the commission's February meeting. But after a lengthy public hearing to discuss a list of code violations compiled by the city's police and fire departments, the commission once again declined to pull the trigger and opted instead to continue inspections using the city's code enforcement officer.

At the commission's 2006 annual review, the group received a staff report listing the citations of several businesses that were described as “repeat violators.” After a lengthy discussion, the commission chose to undertake a course of action that was virtually a repeat of the previous year - continue inspections through the use of the city's code enforcement officer.

This year's review, which took place Jan. 17, saw many of the same issues arise as in past years. Perhaps anticipating a coming wave of enforcement, Sangria's Chris Pike testified that several business owners were forming a group to “police ourselves.”

“As far as the restaurants in the downtown area, we do have concerns about an annual review system, in addition to what's already in place,” said Pike. “We feel that it is one more step to eliminate due process.” Pike added that the name of the new group is the Hermosa Beach Restaurant Association.

Police Chief Greg Savelli also attended the meeting, answering questions and offering suggestions to the commission during the hearing. Savelli pointed to the absence of Sharkeez as a possible factor in the lower number of incidents emanating from the plaza.

Following the meeting, several commissioners were quick to point out the difficulty of identifying the location of a particular nuisance when businesses are located close to one another. “It was difficult to determine whether the incidents were coming from a particular place,” said Commissioner Sam Perrotti. “Even where Blue 32, The Shore and The Underground are located, it's hard to determine whether it's one or the other.”

Commissioner Kent Allen echoed Perrotti's comments. “There's generally a situation going on down there, but how do you point to one party and say, ‘You're the culprit'?” Last month's meeting was Allen's second annual review as a member of the Planning Commission. He stated that the process is a good one that needs some fine tuning. “It can be an effective tool, but it needs more refinement. The ultimate thing is not to punish the wrong person.”

His colleagues agreed and voted to continue to monitor the downtown area instead of requesting any sort of formal hearings for businesses listed in the city's staff report. The decision was tempered by Perrotti, who offered the following comments about incidents like noise complaints arising from the downtown district.

“What bothers me, and it should bother you is, as residents continue to complain about this, and more residents get involved, eventually the City Council is going to have to readdress the standards for the outside dining areas,” said Perrotti. “I just don't see this continuing the way it is.”

Hermosa Beach News

HB Planning Commission restricts 705 permit

By Chris Yang

Despite attracting a number of supporters to speak on their behalf, the owners of an upper Pier Avenue business could not convince the Hermosa Beach Planning Commission to see things their way. The commission adopted a resolution Tuesday night imposing severe restrictions on the business located at 705 Pier Ave. known as Club 705.

Tuesday's decision, if approved by the City Council, effectively revokes the provisions in Club 705's permit approving live entertainment and outdoor dining. It also imposes 19 new conditions confining the business to operate more like a traditional restaurant as opposed to a nightclub or bar.

Following the meeting, an attorney representing Club 705 vowed to seek redress from a higher authority, adding that his clients are being used “as a scapegoat.”

“Right now, we're going to have to appeal to the City Council,” said attorney Albro Lundy. “We believe they don't have the authority to do what they've done.”

Lundy's firm was hired by Maximoore Inc., a Los Angeles-based entertainment company that owns and operates Club 705.

Throughout the public comment portion of the hearing, Maximoore's supporters continuously stressed that the operation was being run differently than under the previous ownership. At one point, roughly 15 people stood up as a show of support for the vilified business. Club 705's manager, Xavier Flamenco, urged the commission not to adopt the resolution, stating that “one-dimensional” restaurants like Marie Callender's and Descanso that were previously located at that site were not viable because they only served food.

In particular, many of the new conditions imposed upon the business relate to noise, operating hours and receiving approval from the Planning Commission to amend any of the conditions going forward. The new resolution bans any use of “outside promoters” and limits the operating hours from 7 a.m. to midnight. A provision banning the use of cover charges was omitted prior to the resolution's adoption.

Ultimately, the commission was swayed not by the salsa dancers, the new owners or a local attorney, but by the voices calling for tighter controls and revocation of the business's permit.

“The No. 1 goal of the land use element for the general plan of the city of Hermosa Beach says, ‘protect and maintain the small-town beach community atmosphere',” said Commissioner Peter Hoffman. “This is not a site that is consistent with a ‘small-town beach community' Š it's going to be a club, it's going to be a lounge.” The City Council has the option to assert jurisdiction over the matter at its next meeting Jan. 23.

Hermosa Beach – Crime Watch

DEADLY WEAPON ASSAULT. Someone was allegedly struck with a hammer in the 1000 block of Hermosa Avenue after engaging in a verbal confrontation with two other individuals. The incident allegedly occurred at 1:30 a.m. Jan. 15. A group of friends were reportedly threatened with violence by two male suspects while walking back to their car late at night along Hermosa Avenue. One of the suspects began wielding a hammer and eventually struck the victim in the head during the incident.

GRAND THEFT. Someone allegedly removed several items after the owner left his driver-side window down after parking it in the carport of his residence in the first block of Sixth Court. Several items were taken from the vehicle, including a digital camera, a GPS system and two golf clubs. The incident allegedly occurred between 8 p.m. Jan. 15 and 7 a.m. Jan. 16.

VEHICLE BURGLARY. Someone allegedly removed a Dell laptop computer from a 2002 GMC Yukon that was parked in the 600 block of Second Street. The owner of the vehicle is not sure if he locked his car when he parked it Jan. 15. The incident allegedly occurred between 11 p.m. Jan. 15 and 6 a.m. Jan. 16.

GRAND THEFT. Someone allegedly removed a cell phone and backpack from an establishment in the 1600 block of Pacific Coast Highway. The incident allegedly occurred between 6:45 p.m. and 7:15 p.m. Jan. 19 at the basketball court located in the 24-Hour Fitness.

PETTY THEFT. After leaving his car unlocked in front of his apartment, someone reportedly removed several items from the vehicle. Among the items taken were a California Drivers License, registration and insurance paperwork, various tools and miscellaneous clothing. The incident occurred between 7:30 p.m. Jan. 18 and 6:30 a.m. Jan. 19 in the 900 block of First Street.

VEHICLE BURGLARY. After parking a rental car in the upper level of a parking structure in the 2500 block of Pacific Coast Highway, a hotel patron returned the next day to discover the vehicle unlocked and numerous items missing from the trunk. The incident allegedly occurred between 8 p.m. Jan. 16 and 12:15 a.m. Jan. 17. Several items were taken including a set of golf clubs and various articles of clothing.

Hermosa Beach – Crime Watch

VEHICLE BURGLARY. Someone allegedly removed $200 in cash and a set of keys from a 1991 Toyota van parked in the 900 block of 24th Street. The incident allegedly occurred between 11 p.m. Jan. 14 and 2:45 p.m. Jan. 15. A resident locked and secured her car, leaving it parked in the driveway of her home. The following day, she noticed the driver door was ajar and the interior ransacked.

VANDALISM. Someone allegedly damaged the front door of a resident's home at 2:30 a.m. Jan. 14. The incident allegedly occurred in the 600 block of Fourth Street. The resident did not observe the subject damage his door, nor did he call the police.

EMBEZZLEMENT. An employee of a local business allegedly embezzled approximately $40,000 over a lengthy period of time between June 1, 2005, and Jan. 1, 2007. The general manager of a business located in the 900 block of Aviation Blvd. was allegedly alerted to the situation by an accounting firm hired by the business. An employee subsequently confessed and was quickly terminated.

PETTY THEFT. Someone allegedly opened a UPS box and removed the contents between 5 and 7 p.m. Jan. 10. The incident allegedly occurred in the 700 block of First Place. A resident's wife allegedly saw an unopened UPS box sitting on the front porch. After returning from work, the resident discovered the box had been opened and the contents removed.

DEADLY WEAPON ASSAULT. An individual walking along the pier plaza after leaving a nearby establishment was allegedly struck by someone wielding a skateboard. The victim's two friends observed the incident, which occurred at approximately 1:47 a.m. Jan. 13. According to the report, the attacker had just engaged in a verbal argument with the victim and his friends just a few minutes earlier.

Hermosa Beach News

HB Council debates new entertainment permits

By Chris Yang

A prototype of a new law requiring businesses that provide live entertainment to obtain an “entertainment permit” was considered Tuesday night by the City Council, and the general reaction among those attending the meeting was uniformly negative.

Councilman J.R. Reviczky raised the issue at the council's Sept. 12 meeting, citing the need for the city to have a quick and efficient way to deal with uncooperative business owners. Currently, live entertainment is regulated in Hermosa Beach under the provisions of a business's conditional use permit.

But following the presentation on the new ordinance Tuesday night, which calls for promoters and relevant business owners to submit to a public hearing with the city manager before receiving a permit, Reviczky found himself defending the idea from a bevy of business owners and fellow councilmen.

Fat Face Fenner's Fishack owner Gary Vincent echoed the comments of many of the other business owners appearing at the council's meeting.

“If there are violators that are not in compliance with their CUPs (conditional use permit), enforce those CUPs or revoke those CUPs,” said Vincent. “It seems like what the city wants to do on this is basically issue parking tickets to everybody in the city of Hermosa Beach because a few meters have expired.”

Mayor Sam Edgerton took issue with the proposal, questioning the placement of the city manager as the business community's first gatekeeper, as opposed to the Planning Commission.

“They know these issues as well as we do, if not better,” said Edgerton. “What we're really doing in my opinion is pulling restrictions or requirements out of a CUP and putting them into another bucket called an ‘entertainment permit' which is fine as long as there's due process at a really good level...”

City Attorney Mike Jenkins countered Edgerton's concerns by stating that the city could hire an independent permit administrator as in Redondo Beach, or by creating a new business license commission. Both ideas though, were met with a lukewarm response.

Wary of the community's response, Reviczky stuck to his guns and stressed that the process would be a quicker way to deal with problems than the cumbersome CUP process, which has taken up to a year to reach a resolution in some cases.

Edgerton, who has complained about promoters from time to time, introduced a motion proceeding with the permit process for anyone doing business as a promoter. Following the constant criticism from virtually every speaker about promoters, no one on the council opposed the motion. But on the question of whether Hermosa Beach business owners should be subjected to an entirely new permit process to provide live entertainment, the overwhelmingly negative reaction to the proposal eventually swayed the council. A final decision on the new ordinance was held off until a workshop is conducted early next year between downtown business owners and local officials to exchange ideas and find alternative solutions.

Hermosa Beach – Crime Watch

THEFT. Someone reportedly took a backpack from a child who was waiting for his mother to return home from work. The incident allegedly occurred in the 700 block of Sunset Drive between 6 and 6:15 p.m. on Nov. 28. While waiting for his mother, the victim set his backpack down on the ground. The driver of a white van allegedly stopped his car, got out, picked up the backpack and drove away.

PETTY THEFT. A bicycle was allegedly taken from the front yard of a home in the 2000 block of Hermosa Avenue. The incident allegedly occurred between 9 p.m. Dec. 7 and 8:30 a.m. Dec. 8.

STOLEN VEHICLE. A blue Yamaha scooter was allegedly stolen from an open garage on Sixth Street. The incident allegedly occurred between 10 p.m. Dec. 9 and 7:30 a.m. Dec. 10.

VEHICLE BURGLARY. Someone reportedly smashed the front window of a vehicle in the 900 block of Aviation and removed a GPS navigation system. The incident allegedly occurred between noon Dec. 2 and 10 a.m. Dec. 3.

BURGLARY. The owner of a business in the 1300 block of Hermosa Avenue reportedly discovered several items missing from her establishment upon returning to work earlier this month. The incident, which saw items worth approximately $2,000 taken from the store, allegedly occurred between 6 p.m. Dec. 2 and 11 a.m. Dec. 3

Hermosa Beach News

Plans for ‘Seagal (the actor) Club' in the works in H.B.

By Chris Yang

In a bizarre twist to the ongoing saga of a local nightclub known as Club 705, a Los Angeles-based entertainment company is tentatively planning to revamp the business into a new establishment that bears the name of a famous actor with a tough-guy image, Steven Seagal.

Instead of the punk rock shows and scantily clad women currently associated with Club 705's existing lineup, a new business plan calls for the creation of “The Seagal Club,” a restaurant, sports lounge and nightclub that serves as a showcase for the former martial arts action star.

Currently, Club 705 is owned and operated by Tim Moore and Arkadi Minassian. Both are principals in the firm Maximoore Inc. According to a letter submitted to the city in November, Minassian and Moore have been operating the business “under a temporary license since June 28, 2006.”  Maximoore purchased the business from Robert Miller, a local businessman who has “recently become financially insolvent.” The transfer of ownership, which is currently in escrow, has been held up, though, due to several administrative actions, including a review of the property's conditional use permit by the city.

In October, Community Development Director Sol Blumenfeld informed the Planning Commission that the Police and Fire Departments “have responded to an inordinate number of calls ... in connection with fights, public intoxication, underage serving (of alcohol) and overcrowding of this business, in violation of the Penal Code.”

The commission ultimately agreed and scheduled a public hearing to consider revoking or modifying the property's conditional use permit. But because the owners did not post a placard on the premises notifying other residents until the week of the hearing, the city postponed the matter until Wednesday night. Local officials believed the late notice would have put the city on precarious grounds should the owners have decided to appeal the matter or challenge it in court.

In the meantime, an updated staff report was prepared by Blumenfeld that concluded Club 705 “has demonstrated a clear pattern of noncompliance with many of the CUP operating conditions.” It urged the commission to decide whether these “egregious violations” justified revoking or modifying Maximoore's permit.

In an attempt to defend against these charges, Minassian submitted his company's business plan for the property at 705 Pier Ave. Minassian argued that the city should grant approval to continue operating because the new establishment will include a Japanese restaurant that serves sushi and “upscale cuisine,” a sports lounge complete with 15 televisions and a nightclub in which Seagal would periodically perform with his band “Thunderbox.”

“The goal of current management is to bring the business back to its original business plan,” wrote Minassian. “The basic business plan will call for an upscale dining room as the main foundation for the business. The plan will also establish a sports lounge and nightclub.”

On Monday, Club 705's general manager Xavier Flamenco had little to say prior to Wednesday's public hearing. “Basically what we want to do is to get back to the way things were done,” said Flamenco. He added that the new owners were doing their best to be “in compliance” with local rules and regulations.

Perhaps most interesting, Seagal himself co-signed a nonbinding letter of intent with Minassian to participate in the venture, which he described as an “upscale Japanese private club.” Seagal, who is currently on tour with his band, was unavailable to comment on the proposal.

Despite Minassian's letter, residents and local officials should not expect to see Seagal wandering the streets of Hermosa Beach anytime soon. In addition to the city's administrative review, Maximoore currently has a license transfer application pending with the state's Department of Alcoholic Beverage Control.

Should the city eventually decide to deny Maximoore's permit or place any significant restrictions on the nightclub's operations, a lengthy battle might ensue that would tie up any chance of Seagal inking a deal with Minassian in the not-too-distant future. Minassian has expressed his intention to pursue a formal agreement with the actor only after both administrative matters are resolved.

Hermosa Beach - Police Log

Assault and Battery: 2:33 a.m. Nov. 25, 1100 block of Hermosa Avenue.  A participant in a fight was arrested on suspicion of fighting in public, public intoxication and resisting arrest for allegedly trying to attack another person involved in the incident as he was talking with police officers.  The report noted that the man had to be restrained when he resisted arrest when confronted by many police officers.

Obstruction: 2:33 a.m. Nov. 25, 1100 block of Hermosa Avenue.  A man was arrested on suspicion of resisting, obstructing or delaying a peace officer and public intoxication for allegedly disobeying an officer’s order to step back, yelling at officers to let a man under arrest go and slapping the officer’s are causing a minor injury while the officer was attempting to secure a perimeter at the scene of the fight.

Residential Burglary: 10:35 to 10:39 p.m. Nov. 17, 1900 block of Manhattan Avenue.  A resident heard the voices of two males in the residence, shouted at them to leave and heard them leaving.  Police officers found a trail of muddy footprints and a screw driver that did not belong to the resident.  Entry appears to have been made through a window.

 Theft: 6 to 6:15 p.m. Nov. 28, 700 block of Sunset Drive.  A man in a white older model van stopped his vehicle and took a backpack containing school books.  A boy had set the bag down as he was standing outside waiting for his mother to come home from work.

Hermosa Beach News

Gallery Apartments change hands

By Chris Yang

In yet another sign of the changes afoot in Hermosa Beach's real estate market, a 168-unit apartment complex known as the Gallery was recently purchased by a Chicago-based real estate investment trust known as Equity Residential.

According to the real estate Web site GlobeSt.com, the firm purchased the property located at 414 Second St. from Playa Pacifica, Ltd. for $64.6 million. The deal, which closed late last month, included a $34 million loan from Capmark, a real estate financial company.

A spokesman for Equity Residential spoke briefly with The Beach Reporter to comment on the firm's latest acquisition. “We very much like the market,” said assistant vice president Marty McKenna.

The acquisition is the second investment by Equity Residential within Hermosa Beach this year. In June, the company purchased the 285-unit Playa Pacifica complex located at 415 Herondo St. for $68.5 million. The two properties are right next door to each other. “Obviously that was part of the attraction for us on the Gallery property,” said McKenna.

Unlike Equity's acquisition of Playa Pacifica, which saw the firm spend approximately $20,000 to $25,000 per unit on improvements, no upgrades are planned for the Gallery. “The Gallery was built in 1971, but it was recently renovated and upgraded,” said McKenna.

As with the sale of Playa Pacifica in June, Equity Residential utilized the services of the brokerage firm Marcus & Millichap in its latest deal. “Between these two buildings, they represent 20 percent of the rental units in Hermosa Beach,” said Greg Harris, one of Marcus & Millichap's vice presidents. “The sale itself was not marketed. It was purchased on an off-market basis.” Harris, who works out of an office in El Segundo, was aided by fellow M&M broker Ron Harris to complete the transaction.

Following the sale, Equity Residential wasted no time in incorporating its newest property into its portfolio. Apartments from both the Gallery and Playa Pacifica are listed on the company's Web site equityapartments.com. Rents at the Gallery start out at $1,375 per month for a studio and top out at $2,700 per month for a two-bedroom apartment with two bathrooms.

Hermosa Beach News

What's in a name? Some want a new one for South Park

By Chris Yang

Should the city rename one of its parks to disassociate itself from an irreverent cartoon with the same name? That is a question facing local officials as the city gears up for its highly anticipated Centennial Celebration early next year.

In conjunction with the centennial committee's ? Acts of Beautification,” the Woman's Club of Hermosa Beach agreed to purchase a new sign for one of the city's most popular parks, South Park. But part of the deal includes a request from the club to change the name of the park to avoid any future connotation with the popular Comedy Central cartoon about four grade-schoolers growing up in suburban Colorado.

According to a letter bearing Jean Cullen's name, the civic organization that is known for its annual pancake breakfast is seeking to rename the park because “with the notoriety of the cartoon and film of ‘South Park,' the name is not appropriate.” The letter included a suggestion to rename the park to “Centennial Park,” to coincide with the upcoming celebration.

Cullen, who was recently named Hermosa Beach's Woman of the Year, offered some thoughts about the request in a conversation earlier this week.

“A couple of months ago at one of our meetings, Laura Raymond mentioned that the city was looking for ‘100 Acts of Beautification' and one of our members mentioned that the park doesn't have a sign,” said Cullen. “We felt that it probably needed a name change also, because of the cartoon.”

Prior to the park's existence, the Hermosa Beach School District owned the property, using it as an elementary school. Following its closing in the early 1970s, some of the property was sold to developers who subsequently built condominiums, while the field itself that now makes up South Park was bought by the city. The park, which is located at 425 Valley Drive, spans approximately 4.51 acres.

“It was at one time a school and so it was South School, and then the school went away,” said Cullen. “Since then it's just been called South Park.” She added that the request is merely a “suggestion” and that the Woman's Club isn't interested in getting into a “fight” with anyone over the proposal.

At least one local organization has already signaled it is not opposed to the Woman's Club's request to change the name of South Park. Friends of the Park President Raymond stated that the names of parks “are not a particular focus” for her organization and that “anything that improves the visibility and usage of our parks is great.”

The request, which was to be heard Wednesday night by the Parks and Recreation Commission, could go into effect as early as the end of this month if the City Council takes action on the proposal at one of its upcoming meetings. The council may reject or accept the recommendations put forward by the commission, or it may continue the matter to a future time.

Whether or not the city agrees with the request remains yet to be seen, but people opposed to the name change shouldn't hold out hope that the show's notoriety will fade away in the near future. According to an executive with the Comedy Central Network, “South Park's” creators Matt Stone and Trey Parker are currently working on the show's 10th season. Cartman, Kenny and the rest of the “South Park” crew “will be on for at least two years,” said Director of Corporate Communications Jenni Runyan.

Hermosa Beach News

The battle against clutter

By Chris Yang

As part of the centennial celebration early next year, a seminar to help local residents stay organized is scheduled for later this month. “Clearing Clutter From the Inside Out” will be held next Saturday, Nov. 11, at the Clark Building and seeks to provide residents with tips on avoiding the pitfalls of owning too many possessions.

The seminar is just one of the ideas that originated from a committee charged with implementing 100 Acts of Beautification. “The clutter seminar is the first (one) we've pushed out onto the community,” said Chairman Michael Divirgilio. “It's kind of a gradual scheme to beautify the community.”

The committee is currently engaged in a campaign to inform local residents of its upcoming activities. “We're doing a lot of little things and a lot of it is by word of mouth or e-mail,” said Divirgilio. So far, approximately 45 people are registered to partake in the seminar, he said. “It's kind of a grass-roots thing.”

Divirgilio stressed that the seminar is not the first event of the centennial's 100 Acts of Beautification. About 15 other items have already taken place, including the handprint mural along Pier Avenue and a Coastal Cleanup Day earlier this year. In addition to the seminar, Divirgilio mentioned a shrub planting, which will take place along the greenbelt within the next few weeks.

Local residents Marie Hoffman and Susan Murphy agreed to spearhead the seminar. As part of the seminar, Hoffman authored a short article detailing how her experience as a Realtor required her to help clients remove clutter from their homes in preparation for being placed on the market. “There was only one challenge,” wrote Hoffman. “It is human nature to collect things, often to the point where their homes were filled with way too much stuff.” As a result, Hoffman finds herself the perfect messenger for this particular event.

“Owning too much can also hold a person back from moving forward in their life by creating the never-ending response to invitations of ‘We have to clean up this weekend',” she said. As a result, Hoffman and a fellow Realtor created the “Clutter Seminars.”

The event is scheduled for Nov. 11 from noon to 3 p.m. The seminar is being held at the Clark Building, located at 861 Valley Drive. The cost to participate is $15, which includes a workbook, course materials and lunch. For more information about the committee or the centennial celebration, visit www.hermosa100.com/

Hermosa Beach News

Correction

Last week's report incorrectly asserted that the public hearing for the Hermosa Pavilion's conditional use permit was rescheduled from Dec. 12 to sometime in January. At the council's last meeting, City Manager Steve Burrell requested that the hearing be continued from Dec. 12 to Jan. 9 to give the owner more time to complete a report on the building's parking structure. The council instead granted Burrell the power to continue the matter at his discretion, leaving the hearing set for Dec. 12.

Hermosa Beach News

City to reconsider CUP for 705 Pier club

By Chris Yang

The city of Hermosa Beach is currently considering modifying or revoking the conditional use permit for Pointe 705, also known as Club 705/Saffire. At the Planning Commission's meeting earlier this month, a staff report was presented to the commission recommending that the body “set the matter for (a) revocation/modification hearing.”

The report was prepared by local officials and recommended that the commission “amend the CUP to establish new operating restrictions for the business.” It included a three-page unsigned document bearing the name of Sgt. Lance Heard and listed 20 incidents requiring a response by local police officers. The incidents consisted mostly of fights, noise complaints and assaults. In July, officers were dispatched to the bar in response to a kidnapping report.

It went on to state that these incidents “involve multiple violations of law, including the California Penal Code, the Hermosa Beach Municipal Code, the Fire Code, as well as the Conditional Use Permit issued by the city to the business.”

The report also states that the Police Department “opposes the license transfer, until or unless additional restrictions are placed with the license.” In other words, the Police Department is not supportive of the establishment's change of ownership, which an officer testified on Oct. 17 was “still in escrow.”

In addition to the Police Department, Capt. James Crawford of the Hermosa Beach Fire Department authored a report detailing violations of various codes related to occupancy and overcrowding. “The business was in violation of Section 2501.16.3 of the Uniform Fire Code,” wrote Crawford. “Overcrowding and admittance of people beyond the approved capacity of a place of assembly is prohibited.”

Local activist Jim Lissner spoke of the perils of running a nightclub not located on the pier plaza. “I think part of their problem is that they're up by themselves so that whatever happens up there can be clearly identified as emanating from them,” said Lissner. “Whereas stuff that happens in the downtown, nobody seems to be able to pinpoint where it's coming from. I guess that's the risk of being in the outlying area.”

The owner, Tim Moore, did not attend the commission's meeting earlier this month but did submit a letter to the city, which was included in the staff report. It states that his intention is to establish a “high-end steak and seafood restaurant.” Moore also stated that previous owners of the establishment “failed to grasp” the care necessary when utilizing promoters, adding that “outside promoters” have “brought the wrong type of demographic.” Several messages were left by phone seeking comment from Moore prior to press time but none were returned.

Perhaps in response to the issues faced by the city from establishments like Club 705, the city will consider an item at its first meeting in November dealing with citing local businesses that do not abide by their CUPs.

“The city is contemplating focusing upon citations and adopting an administrative penalties ordinance to allow recovery of code enforcement costs and to avoid sending code enforcement cases to county courts,” said Community Development Director Sol Blumenfeld. “This is a more cost-effective means to get code compliance.”

The public hearing is scheduled for the Planning Commission's meeting in November and is not the first time issues with that particular location have been raised. The city agreed to pay $1.1 million to the former owners of Pointe 705 after allegations of police misconduct were raised by the proprietors and a lawsuit was filed.

Hermosa Beach News 

Hermosa Pavilion restaurant decision pushed back

By Chris Yang

It seems like the owner of the multiuse commercial property located at 1601 Pacific Coast Highway, known as the Hermosa Pavilion, just can't win. The Hermosa Beach City Council voted Tuesday night to delay making a final decision on Gene Shook's plan to build a new restaurant in his building for two months. The continuance was urged after a public hearing that saw many residents rise to oppose the project, complaining about noise, traffic and parking.

Shook's journey through the city's planning bureaucracy has been a long one. In July, Shook appeared at a City Council meeting accompanied by his attorney to defend against a Planning Commission recommendation to impose a two-hour free parking requirement at the Hermosa Pavilion. Shortly after that meeting, Shook returned to the Planning Commission as part of an application to amend his property's conditional use permit to build the Stillwater American Contemporary Bistro, an “upscale” and “organic” restaurant. At that meeting, Shook testified that “waiting six months doesn't work.” The commission subsequently continued the matter until its next meeting in August.

Following the continuance, the commission voted to approve the proposal with several conditions, including that the new restaurant close at midnight, have no live entertainment, no TVs, no cover charge and no outside dining. In addition, the commission imposed a six-month review period for the conditional use permit. Following the commission's August approval, the matter moved to the City Council. The council assumed jurisdiction over the proposal at its meeting Sept. 12, leading to Tuesday night's public hearing.

As the applicant, Shook was the first to speak Tuesday night. His argument paralleled that which he presented to the Planning Commission several months earlier. He stressed the need for the restaurant to stay open until midnight, to allow the use of a TV in the bar and offered his results from two “tests” that he conducted from his property.

“I yelled extremely loudly today,” said Shook. “You couldn't hear it at all. It was virtually inaudible.”

Local residents though, were not buying it. Linda Miller spoke against the proposed restaurant, stressing that the city doesn't need a “bar” or “cabaret.” She added that comparisons to the Metlox building in Manhattan Beach or Fleming's Steakhouse in El Segundo are “totally irrelevant” because residential properties are situated much closer to the Hermosa Pavilion than in those instances.

Miller's husband, Ron, brought in perhaps the most damning piece of evidence to the hearing - a photograph of a “Parking Lot Full” sign that was placed at one of the building's two entrances. Shook stressed that parking was still available despite the presence of the sign, and conceded that he needed a “better” sign.

“How is it that you can have a sign that says ‘lot full'?” said Councilman Sam Edgerton.

“It's just absolutely incredible some of the things I've seen,” said Councilman J.R. Reviczky. “The ‘parking lot full' sign ... I think some of these problems are self-inflicted.”

Though Shook testified in July that he didn't want to wait six months, that's exactly what happened. The council is expected to consider the issue again at its meeting Dec. 12.

Hermosa Beach News

HB Council may revisit entertainment permits

by Chris Yang

A member of the Hermosa Beach City Council recently proposed implementing a new citywide permit process for businesses that incorporate live entertainment. Councilman J.R. Reviczky aired the proposal at the council's Sept. 12 meeting. According to Reviczky, the proposal seeks to eliminate some of the red tape currently associated with the city's conditional use permit process by providing a faster and smoother mechanism by which local officials can deal with issues arising from local businesses.

“It's a simple mechanism to deal with issues in a timely manner,” said Reviczky. “It takes a long time to get through the (current) process.”

Reviczky envisions a completely separate process from the city's current CUP process. Entertainment permits would not “run with the land” as current CUPs do, but would instead be assigned to a particular business owner.

City Attorney Mike Jenkins explained the difference between CUPs and entertainment permits by phone last Friday. “The difference between business licensing and land use is you're focusing on who the operator is,” said Jenkins. “You're focusing on regulating operational aspects of a business, as distinguished from land use regulations. Land use permits run with the land, so the ownership, the operational aspect, isn't so much a focus.”

Without naming names, Reviczky alluded to several establishments that currently require a sizable amount of attention. If a new entertainment permit process helped to resolve some of the current issues, he would consider the plan a success. “If that makes this go away, then I'd consider it successful,” said Reviczky. “It's certainly not my intent to put everybody under the microscope.”

Reviczky alluded to the case of the Moxie Nightclub in Redondo Beach as a prime example of how the program might work. After a large fight broke out at the club in August, the Redondo Beach City Council revoked the club's permit at a council meeting the following month. The quick turnaround seen in the Moxie case would not be possible if the club did business under Hermosa Beach's current conditional use permit system.

As the director of Redondo Beach's Planning Department, Randy Berler deals with the issue on a regular basis.

“Overall it's been effective with the way to address issues,” said Berler. “Most permits have been pretty routine.” Redondo Beach's entertainment permit ordinance was first established in 1996. Since that time, Berler recalls only three cases in which the city revoked an entertainment permit.

In Redondo Beach's system, anyone wishing to provide live entertainment must apply for either a “Level 1” or “Level 2” entertainment permit. According to Redondo Beach's Municipal Code, a Level 1 permit is required when “the number of persons participating in the entertainment are one to three,” and “the sound is amplified and/or recorded.” A “permit administrator” would be entrusted to make the final decision with respect to Level 1 permits. Such an administrator may deny someone's request if the proposed entertainment interferes with “the quiet enjoyment of neighboring property” and no action could be taken to “ameliorate that interference.”

A Level 2 permit typically deals with issues of security, soundproofing and/or noise. “It depends on the establishment and what issues there have been,” said Berler. One of the more peculiar requirements of granting a Level 2 permit is that the owner of the business must submit fingerprints to the California Department of Justice prior to approval. This type of permit also requires approval by the City Council after a public hearing. Berler explained that one of the grounds for revocation is an undue strain on public resources, as in the case of Club Moxie.

Berler acknowledged that the amount of work necessary to process applications from Redondo Beach's business community is not trivial. “It can be a very time-consuming process,” said Berler. “It certainly takes some city resources.”

Reviczky conceded that a new permit process might put a strain on city officials, but believes the benefits of such a program would outweigh the negatives. “This doesn't get the attorneys involved,” he said.

One establishment that experienced the city's red tape firsthand is the pier plaza restaurant Mediterraneo. After submitting a request to extend its operating hours from midnight to 2 a.m., a final decision by the City Council was not made until Sept. 26, 2006, a full year after the Planning Commission denied its request in 2005. Interestingly, had Reviczky's plan been put in motion prior to the restaurant's application, the matter still would not have fallen under the new permit process because it dealt with an extension of operating hours, which would remain part of the CUP process.

The proposal has garnered the support of at least one member of the community. While speaking at the Sept. 26 council meeting in favor of Mediterraneo's request, the Chamber of Commerce's executive director, Carla Merriman, also voiced her support of implementing an entertainment permit process like the one in Redondo Beach.

Interestingly, last month's request is not the first time Reviczky suggesting implementing a separate permit process for live entertainment. Reviczky raised the issue before in July 1999, but did not have enough support on the council to implement the proposal. The issue never resurfaced again until last month's meeting.

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