HBPD Chief of Police reports to the Hermosa Beach City Council and city council actions - For the HBNA candidate forum on May 25, 2006 at the Hermosa Beach City Council Chambers, from 7 p.m. to 9 p.m.

e-mailed to all the Hermosa Beach City Council candidates.

From: Hermosa Beach Neighborhood Assoc. [mailto:hbna@adelphia.net]
Sent: Tuesday, May 23, 2006 12:32 PM
To: Kit Bobko (Kit@KitforCouncil.com)
Subject: HBPD Chief of Police reports to the Hermosa Beach City Council and city council actions - For the HBNA candidate forum on May 25, 2006 at the Hermosa Beach City Council Chambers, from 7 p.m. to 9 p.m.

To:      Patrick “Kit” Bobko                                                                   May 23, 2006
           Hermosa Beach City Council candidate

From:   Alan Benson    

             The Hermosa Beach Neighborhood Association                                                                                   

             Hermosa Beach, CA  90254

             310-376-6043

Re:      Reports for from HBPD Chief of Police and HB City Council actions

Hi Kit,

Here is some additional information for the HBNA candidate forum on May 25, 2006 at the Hermosa Beach City Council Chambers, from 7 p.m. to 9 p.m.

This e-mail includes a number of reports from the former HBPD Chief of Police, Michael Lavin, to the Hermosa Beach City Council and HB Planning Commission, from 2002 to 2005.

The Conditional Use Permits for the alcohol outlets on Pier Plaza are also included at the end of this e-mail.

The HBNA candidate forum will be broadcast live and replayed on Adelphia channel 8.

Best regards,

Al Benson

Hermosa Beach Police Department

Office of the Chief of Police

Tuesday, November 05, 2002

TO:                  Steve Burrell, City Manager

FROM:            Michael Lavin, Chief of Police

SUBEJCT:      Disturbance Calls at Nightclubs and Bars

We have conducted a tally of service calls at most of the popular nightclubs and bars in town.  The time frame selected was from October 1, 2001 to September 30, 2002. 

The computer provided a listing of all calls associated with each business and address.  However, I tallied up only calls that were classified as disturbance or “415” calls.  I also tallied up all calls that were classified as assault or “242/245” calls and all calls classified as drunk in public or “647f” calls. 

It is important to realize that although the dispatcher entered the call as a 415 or 242 call based on the initial information obtained, the call may have turned out completely different. 

Many of the 415 calls probably turned into assault reports and arrests or arrests for drunk in public.  Likewise, a call labeled as an assault call, may have resulted in no arrest or report. 

However, I feel that it is fair to say that these three types of calls are in reality disturbance calls.  It is not surprising to note which establishments provided the highest levels of call activity.

Business                     Address                       Disturbance Calls       Assault            Public Drunkeness

Poop Deck                  1272 Strand                               5                        0                              1

The Mermaid               11 Pier Ave.                               5                        0                              0

Cantina Real               19 Pier Ave.                               4                        1                              0

Brewski’s                    73 Pier Ave.                               4                        1                              0

Einstein’s                    1301 Manhattan Ave.               26                        4                              1

Aloha Sharkeez         52 Pier Ave.                           73                        2                              2

Point 705                     705 Pier Ave.                             6                        2                              1

Pitcher House 142 PCH                                                7                        2                              0

Hermosa Saloon         211 PCH                                   6                        2                              1

Shark’s Cove              1220 Hermosa Ave.                11                        1                              0

TJ Charley’s                1332 Hermosa Ave.                  6                        1                              1

Sangria                       68 Pier Ave.                           58                        4                              3

Patrick Malloy’s           50 Pier Ave.                             44                        5                              0

Hennessy’s                 8 Pier Ave.                               19                        1                              3

Beach Club                 22 Pier Ave.                             44                        4                              1

Dano’s             1320 Hermosa Ave.                              8                        2                              2

                                                            Total:               326                     32                             16

Respectfully submitted,

Michael Lavin, Chief of Police

HERMOSA BEACH POLICE DEPARTMENT

OFFICE OF THE CHIEF OF POLICE

Thursday, February 26, 2004     

TO:                    Stephen Burrell, City Manager 

FROM:              Michael Lavin, Chief of Police

SUBJECT:        Abbreviated Call Histories

I have attached the abbreviated call histories of the nightclubs and taverns listed in my report to the Planning Commission.  I have highlighted those calls that are considered to be disturbance calls.  Those calls under the "Type" column that are listed as "415, 647f, 242, 245 and UNTRB” designate disturbance types of calls.  These call histories do not indicate which calls occurred inside the business and which occurred in front of or near the business and they do not indicate which calls may have occurred near the business but had no connection with their particular business.  For example, if an officer spotted a fight breaking out in front of a bar that officer would inform dispatch of the fight and that it was occurring in front of that particular bar.  The call would be entered as a fight in front of that bar.  Generally there is no attempt to determine if the fight had any connection with that bar.  The officer’s objective is to simply stop the fight.

These abbreviated call histories are in my opinion one indicator of activity levels at these various establishments.  While it is the case that some of these calls happened in front of or near a particular business but had no connection to the business, believe it is reasonable to say the majority of these calls are directly or indirectly connected to the address indicated.

I realize that there might be some argument that these calls are taking place in front of these nightclubs and have nothing to do with the business operation.  However, it is my opinion that the majority of these calls are directly or indirectly connected to the listed business.  For example I have spoken with officers that have worked the downtown foot patrols for many years.  It was certainly no surprise to them that Sangria and Sharkeez have had and continue to have the most disturbances connected to their businesses. 

I should also point out that if a call takes place on the plaza or if officers put themselves out on the plaza with some type of incident, the call is categorized as "2 Pier PZ."  I have attached a printout of calls just associated with the plaza from August 2. 2003 to February 20 2004.  There is total of 79 calls associated with just the plaza during this period. 

The police department is seeing an ever-increasing level of violence in the downtown.  There have been some serious incidents that have taken place.  We have determined that it is now necessary to staff foot patrols in the downtown every night of the week except Monday nights.

We are seeing gang members in greater numbers and people that simply come to Hermosa to brawl and cause problems.  We are attempting to find out why this type of customer is coming here.

Hermosa Beach Police Department

Office of the Chief of Police

Tuesday, February 17, 2004

TO:                  Sol Blumenfeld, Director of Community Development

FROM:            Michael Lavin, Chief of Police

SUBEJCT:      Request CUP Review by the Planning Commission of Aloha Sharkeez and Sangria

For the past several years the City of Hermosa Beach has enjoyed a very popular downtown area.  In particular, the Hermosa nightlife has become very popular and several thousand patrons frequent the downtown nightclubs especially on the weekend nights. 

The police department has had to increase the amount of enforcement activity on the Hermosa Plaza to keep a lid on the crowds and the associated public disturbances, assaults and public intoxication that have become very common place each evening between the hours of 10:00 PM and 2:30 AM.  The police department is staffing nightly foot patrols on the plaza each evening with the exception on Monday nights.  There are additional foot patrols on the weekend nights.  There are additional foot patrols on the weekend nights.

All of this activity is paid through overtime and is costing the City several hundreds of thousands of dollars each year.  This activity on the Plaza has also been a source of numerous personnel complaints against officers, claims against the City, lawsuits and injuries to officers.  All of these activities have associated costs as well.

In reviewing the call logs of various downtown businesses, it is obvious that Aloha Sharkeez and Sangria create a lot of business for the police department.  

Attached to this memorandum is a report dated November 5, 2002 addressed to the City Manager Stephen Burrell.  In that report, staff tabulated the number of calls associated with each of the listed businesses that specifically dealt with disturbances, assaults and public intoxication.

You will note that the two leaders at the time were Aloha Sharkeez and Sangria.  We have complied additional data regarding the downtown establishments to provide an update of recent activity levels. 

However, I have combined all three categories of calls relating to assaults and public intoxication with all disturbances.  In essence, all these categories of all calls are in reality disturbances.

The call history period is from December 1, 2002 until approximately January 10, 2004.

Business                                Address                                  Disturbance calls

Pitcher House                         142 PCH                                             17

Hermosa Yacht Club              66 Hermosa Ave.                                  3

Barnicles                                 837 Hermosa Ave.                                5

Poop Deck                              1272 The Strand                                   2

Point 705                                 705 Pier Ave.                                       10

Hermosa Saloon                     211 PCH                                             16

North End Bar                         2626 Hermosa Ave.                            13

Mermaid                                  11 Pier Ave.                 `                         5

Patrick Malloy’s                       50 Pier Ave.                                           1

Shark’s Cove                          1220 Hermosa Ave.                              6

TJ Charliez                              1332 Hermosa Ave.                            13

Underground                           1334 Hermosa Ave.                            33

Hennessey’s                           8 Pier Ave.                                           11

Café Boogaloo                        1238 Hermosa Ave.                              3

The Lighthouse                       30 Pier Ave.                                         45

Sangria                                   68 Pier Ave.                                       83

Aloha Sharkeez                     52 Pier Ave.                                       71

I respectfully request that the Planning Commission review the conditional use permits to Sangria and Aloha Sharkeez.

Respectfully submitted,

Michael Lavin, Chief of Police

Hermosa Beach Police Department

http://www.hermosabch.org/departments/cityclerk/agenmin/cca02-25-03/8a.pdf

February 19, 2003      

Honorable Mayor and Members of the Hermosa Beach City Council

Regular Meeting of February 25, 2003

DOWNTOWN AREA ACTIVITIES – DISCUSSION ITEM

Recommendation:

That the City Council review the information provided by staff and the information provided by the downtown area businesses and provide any further direction to staff on any changes to policies.

Background:

The City Council, at its meeting of January 28, 2003, appointed a City Council subcommittee of Councilmembers J.R. Reviczky and Art Yoon to meet with downtown area business operators in order to begin working on a plan to address the concerns that had been expressed about increased fighting in the downtown area during the past few months. The business group coordinated with staff and a meeting was held on Monday, February 3, 2003 with most, if not all, restaurants, taverns and bars represented. The business group had a lively discussion on how they viewed the problem and what steps they could take to reduce the problems. A number of business owners/operators spoke and many had specific suggestions on what they could do to improve the downtown area. The business group, with assistance from the Chamber of Commerce, has written a report that is attached for your review.

Some of the specific proposals included adding lights on the fronts of each business that could be turned on when the business closes. A radio system between businesses was suggested so they could communicate problems or provide assistance to each other. The volume and type of music was discussed by the business operators and they all seemed to believe they could impact the behavior if the music was changes or mixed up to include a wider variety of music. A ban on drink specials was also suggested.

Staff that attended the business meeting included the Police Chief, Fire Chief and City Manager. The Police Chief stated his concerns about over-serving, over-crowding, making sure I.D.s are being checked and lowering the volume of the music. The Fire Chief mentioned the ongoing issue of over-crowding and that during the past weekend a number of the businesses were over their posted occupancy limits. It was noted that the City would be checking and would issue a citation if a business were found to be over the approved limit.

It was also noted that ABC was involved in following up on some complaints in the downtown area.

There were also a few other items that were discussed including banners, sidewalk signs, unauthorized items in the encroachment areas and other CUP compliance issues. Staff will, as a matter of course, follow-up on these issues. This follow-up will include checking occupancy during busy times, both on a complaint basis as well as an area wide check. In addition, we will review the CUPs and encroachment permits to ensure that everyone is up to date. Those who are not will be given an opportunity to correct the issue. If the violation is not corrected, then either a citation would be issued or referral to the Planning Commission for a CUP violation would follow. Encroachment issues would be referred to the City Council.

Respectfully submitted,

Stephen R. Burrell
City Manager

CRIME - THE 2003 CITY COUNCIL SUBCOMMITTEE

The following are official City documents, from the packet for the city council meeting of February 25. 2003. 

--------------------------------------------------------------------

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, February 25, 2003, at the hour of 7:24 p.m.

1.    MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a.     DOWNTOWN AREA ACTIVITIES - DISCUSSION ITEM. Memorandum from City Manager Stephen Burrell dated February 19, 2003 (PDF File).

City Manager Burrell presented the staff report and responded to Council questions. Subcommittee members Reviczky and Yoon reported on a very productive meeting with the business owners and said it was made clear that the City expects none of the past problems to continue.

Action: To receive and file the report.
Motion Keegan, second Yoon. The motion carried by a unanimous vote.

Restaurant and Tavern Meeting

This is a response to the meeting we set up with the City Monday January 27, 2003 to find out what concerns the City had with the Lower Pier Ave. area and surrounding areas.  Present at the meeting for the City were Art Yoon, J.R. Revicky, Steve Burrell, Chief of Police and Fire Chief.

Present at the meeting were representatives from Downtown Restaurant and Tavern Assoc.

The following are the concerns the City aired regarding the downtown area:

1)      Underage Drinking

2)      Unusual Amount of Altercations

3)      Capacity Concerns

4)      Over Serving

On Friday February 14, 2003 most to the restaurant and tavern owners and their managers got together to discuss the city’s concerns.  The following is the list of solutions we have put together:

1)      Underage Drinking: More vigilant in the checking of ID’s, in conjunction with utilizing electronic scanners / ID readers, flashlight, work closer with police, send staff to ABC course (LEADS) to get better handle on how to spot questionable ID’s.  Improve training and hiring of door host.

2)      Altercations: Stiffen-up dress code and enforce, put on more doormen, handle perceived problems before they start.  Utilized walkie-talkies / pagers to inform other establishments of trouble makers, keep a list of trouble makers and make it clear that a “Three Strike Rule” applies.

3)      Capacity Issues: Work closer with the City and Fire Department to get a fair occupancy load, keep a reasonable number, come up with ways, to legally expand occupancy.

4)      Over Serving: Have bar staff take ABC course (LEADS) in order to be able to monitor patrons.  Have management and doormen on the look out for obviously intoxicated individuals.

5)      Music: Improve music rotation, more upbeat, KROC and Classics, less Hip-Hop, Punk, and Rap.  At the end of the night; slow music down, turn up lights gradually.

6)      Other thoughts / Ideas: At the beginning of each night meet with the police liaison (the most visible of all officers) to discuss the evening and the previous night.  Help move patrons off promenade; install flood lights to light up promenade for the closing hours.

It is our objective to work with the City to make the Downtown area and surrounding areas a better and safer place to visit.  Together we should address problems as the occur.

9.    C-36 -- Review of incident reports for Pier Plaza and downtown area. (PDF File).

Honorable Chairman and Members of the                         Regular Meeting of

Hermosa Beach Planning Commission                                        March 16, 2004

SUBJECTS: REVIEW OF INCIDENT REPORTS FOR PIER PLAZA AND DOWNTOWN AREA

Recommendation:

That the Planning Commission receive and file this report.

Background:

On January 20, 2004, the Planning Commission conducted an annual review of downtown

conditional use permits and directed staff to provide police incidents reports for the

businesses.

The incident reports were provided at the February 17, 2004 meeting and the

Commission reviewed the incident reports and a memorandum from the Police Chief. The

Planning Commission directed staff to set a hearing for review of two business conditional

use permits and further directed staff to have the code enforcement officer investigate whether

there were any code or CUP violations.

Analysis:

In response to the Commission direction, staff has reviewed the incident information again

and rather than proceeding at this time on a program to review two businesses, staff suggests a

broader approach to deal with area problems or concerns.

This approach should focus on a reduction of the number of police and fire response calls

and ensure that the Downtown area is not taking an undo amount of city resources.

As you may be aware, from time to time staff has met with representatives of all of the Pier Plaza

and Downtown businesses to review issues and concerns that have been expressed about the

operation of businesses, general activities and special events.

These meetings have been an effective communication tool in the past, and with active and

continued participation by all concerned parties, staff is confident that they can be an effective

tool to deal with the present concerns. The task for this group will be to come up an area wide

approach and solutions that result in less need for police response in the downtown.

The group will include participation from area merchants and staff and can be expanded to include

others, should there be broader interest in participating. Once the group has developed strategies

and a consensus for dealing with area concerns, staff will document the recommendations, which

can be made available to the Planning Commission and the City Council for review and possible

response.

Further actions may include changes to conditional use permits or other parts of the Municipal Code.

This approach is being suggested as it is difficult to lay the blame at any one business in the

area. Hopefully, this will allow for a broad discussion of the problem and potential solutions.

____________________________ __________________________

Sol Blumenfeld, Director Mike Lavin,

Community Development Police Chief

___________________________

Russell Tingley,

Fire Chief

Concur:

_____________________________

Stephen R. Burrell,

City Manager

P:/SangriaSharkeezReview

THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
MARCH 16, 2004, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

ROLL CALL

Present:  Commissioners Allen, Hoffman, Perrotti, Pizer, Chairman Kersenboom

Absent:  None

Also Present:  Sol Blumenfeld, Community Development Director

Ken Robertson, Senior Planner

Denise Bothe, Recording Secretary

Chairman Kersenboom requested that Agenda Item No. 9, Review of Incident Reports for Pier Plaza and Downtown Area, be considered as the next order of business so that the police and fire personnel do not have to wait. No objection was noted.

(Item 9 was considered out of Agenda order.)

9.    C-36 -- Review of incident reports for Pier Plaza and downtown area. (PDF File).

Staff Recommended Action: To receive and file.

Director Blumenfeld noted that at the January meeting, the Planning Commission conducted its annual review of Downtown conditional use permits for those that require periodic reviews; advised that the Police Department provided a tally of the incident reports; stated that Police Chief Lavin expressed concern with the operations of some of the Downtown businesses due to the increasing number of reported police calls at or nearby these businesses; and that as a result of that memorandum from Chief Lavin, the Planning Commission felt compelled to review the matter with the Police and Fire Departments.

As a result of conversations among City staff, the City Manager, the Police and Fire Departments, it has been decided that it would not be appropriate to conduct a review of the two businesses in question because there isn't enough evidence at this point to indicate that these two businesses are in violation of their conditional use permits; stated that staff is proposing to meet with some of the Downtown businesses to review the concerns, such as discussing operational issues, security; and that based on those discussions, to develop a mutual strategy to ensure area wide code enforcement rather than site specific code enforcement.

Director Blumenfeld stated that staff is proposing that these meetings take place over the next few months; that the City Manager and staff will make arrangements to meet with the Downtown business owners/operators. He added that what might come from these meetings is the desire to add common area security activity. He suggested the code enforcement team may include members from various departments, such as Community Development, Fire Department, and the Police Department.

Police Chief Lavin introduced Lieutenant Lance Jacola and Sergeant Kevin Gabrielle, who have spent a great deal of time working Downtown for a number of years and who are familiar with the problems. He advised that the Police Department is experiencing a larger number of problems in the Downtown area and arresting an increasing number of individuals; stated that the Police Department has already begun to meet with some of the business owners/operators - such as Sangria and the Light House - to talk about some of the issues of concern; and that the business owners/operators have responded in a positive manner to these discussions.

Commissioner Hoffman noted the reason that this issue is being addressed is the Planning Commission received a letter from Police Chief Lavin asking that the Commission look at the conditional use permits of Sangria and the Light House; and questioned if Police Chief Lavin is comfortable with the new proposal to meet and confer with the business owners/operators and various City staff.

Police Chief Lavin noted for Commissioner Hoffman that he would like to meet with the businesses to address his concerns.

Commissioner Hoffman noted that at this point, this issue is out of the Planning Commission's hands and that the kind of policy the City is now proposing needs to be worked out with various City staff, Police and Fire Department personnel and the business owners/operators.

Vice-Chairman Perrotti questioned if the incident reports can better identify how or where an incident occurred.

Police Chief Lavin noted for Vice-Chairman Perrotti that the incidents are captured more accurately and that he had provided the Commission with an abbreviated report; and stated that the Department does have more complete reports relating to the incidents. He advised that the Police Department is starting to see a rowdier clientele frequenting the Downtown area, even gang members.

Commissioner Pizer questioned if the Police Department has taken into consideration the problems with liquor stores selling alcohol to people early in the morning.

Sergeant Kevin Gabrielle advised that there are three areas of concern with regard to the taverns themselves - over-crowding of an establishment, over-serving of alcohol, and serving under-aged people.

He commented on the Foot Patrol members meeting with bar staff and security personnel to educate them on identifying false I.D.'s and to address other areas of concern; and stated that these businesses are encouraged to contact the Police Department if they need assistance in any area of concern.

With regard to the liquor stores, he confirmed that the alcohol sales do pose some problems early in the morning throughout the City, noting that the level of intoxication goes up around the holidays. He advised that the Police Department is seeing an increase in more violence as far as serious incidents than has been experienced in the past; and stated that some of the officers have been injured.

He stated that these issues are being discussed with the business owners/operators and that they are trying to work toward a solution; and stated that these meetings with the Foot Patrol will soon result in a report that will be presented to the City.

Vice-Chairman Perrotti commented on past plans to reduce the use of bottled liquor after a certain hour.

Responding to Vice-Chairman Perrotti's comment, Sergeant Gabrielle advised that approximately 3 to 4 years ago, he obtained the cooperation from 70 percent of the businesses to not serve bottles of alcohol after midnight, that they were serving alcohol in plastic cups; but advised that because this activity has fallen off, it is something that should be revisited during the discussions.

Fire Chief Russell Tingly provided a general overview of what the Fire Department does in response to the Pier Plaza and Downtown area; advised that there are basically two types of incidents that draw the Fire Department Downtown: one being occupant load issues and the other being paramedic response/support. With regard to occupant load issues, he noted that the Foot Patrol sometimes does contacts the Fire Department when there is a concern with a great number of people inside an establishment and that calls are also received from patrons who feel uncomfortable or unsafe inside an establishment.

He commented on the considerable effort it takes to conduct the inspections of the establishments when there is a concern with over-crowding - highlighting the task of counting with clicker devices the number of patrons inside a business.

He noted that the number of citations being written has increased from 1 to 2 per year up to a peak of 5 last year. He noted his support for staff to work with these businesses to come to a solution with the various concerns.

Fire Chief Tingly noted for Vice-Chairman Perrotti that the Fire Department has asked the businesses to use these counting clickers, but that the businesses are not required to count with this method.

He stated that when there is an issue of over-crowding, both the Fire Department personnel and the doormen/security will compare patron counts; and stated that if the Department issues a citation, no less than 3 clicker counts would be compared.

Vice-Chairman Perrotti requested a status report on the code enforcement activity at the Pitcher House.

Director Blumenfeld noted for Vice-Chairman Perrotti that a Code Enforcement Officer visited this business establishment on Friday, February 17, 2004, from 10:00 P.M. to 1:00 A.M. advised that the Code Enforcement Officer found at the Pitcher House that there was a live band playing rock 'n roll; that the doors and windows were closed, as is required; that there was a security guard at the front door, which is also a requirement; that there was additional security personnel inside, which isn't a requirement; and stated that the Code Enforcement Officer did not notice any rowdy behavior or observe any noise outside the business establishment.

Director Blumenfeld noted that the Code Enforcement Officer indicated that when the band was playing, if one was standing immediately adjacent to the north wall of the business to hear the music, it was audible, but not loud; that the music was also audible across the street at the parking lot immediately across from the establishment, but that it was only audible if there was no traffic on Pacific Coast Highway. Director Blumenfeld advised that when he has been out to this business establishment himself at those same hours, he found that there was not a significant amount of noise; and that there was some noise but not enough to make a determination that it was a violation of the noise ordinance. He added that the Police Department has also been out there from time to time, and that they have also indicated they have not observed noise problems with this establishment.

Director Blumenfeld highlighted Gary Kazanjian's letter that was distributed to the Planning Commission wherein Mr. Kazanjian, who is a business owner on upper Pier Avenue, complains that his business and some of the businesses outside of Pier Plaza have suffered some vandalism that he thought might be connected to some of the Downtown bar patrons; and he noted that Mr. Kazanjian was advised of this proposed area wide solution to meet with the business owners to seek a solution to these problems. He noted Mr. Kazanjian's intent to make it clear that upper Pier Plaza businesses are also experiencing problems.

Ron Newman, representing Sharkeys, requested that all sides of this issue be addressed; stated that the crime statistics for the South Bay area indicate that crime has decreased 38 percent in this area since 1995; and stated that this issue should be worked out among the homeowners, the Police and Fire Departments and that no business should be singled out by the City.

Chairman Kersenboom suggested that Mr. Newman work with the new task force.

Karla Merryman, Hermosa Beach Chamber of Commerce, noted her opposition to considering Agenda items out of order.

Director Blumenfeld explained that the Commission had determined that the matter is out of the jurisdiction of the Planning Commission; and that staff, the Police Department and the Fire Department and business owners/operators were seeking a solution to the concerns.

Vice-Chairman Perrotti questioned if there is in place or plan to have an alternate security force in the area.

Ms. Merryman noted for Vice-Chairman Perrotti that the Chamber has addressed the possibility of instituting a volunteer policing group.

David Cohen, 631 6th Street, stated that he has lived in Hermosa Beach for 7 years; explained that he has talked to several of the club owners about sponsoring a Citizen Club Owner Interaction Committee; and advised that it would be necessary to formulate detailed plans on the creation of this interim entity that would monitor the Plaza area, provide a security bubble on holidays, weekends. He explained that these people would act as monitors and would take on a decreased enforcement role but would be supervised by the Police Department. He advised that so far, the club owners have responded in a positive manner; and noted that legal issues still need to be worked out. He noted that the Committee would need to develop a plan, budget, guidelines, review the legal issues, address potential liabilities, identify the scope of duties and responsibilities, review insurance issues, etc.; and stated that he intends on studying similar and successful programs in other jurisdictions.

Director Blumenfeld stated that staff will go forward with these meetings involving the various groups; and that a report of the discussions and solutions will ultimately be presented to the Planning Commission and City Council.

Vice-Chairman Perrotti thanked the Police and Fire personnel for attending this evening's meeting and for providing the information; stated that he was involved with a lot of decisions when the Plaza area was first created with a certain vision in mind, but that the Plaza as it currently exists does not conform to that vision, which is unacceptable.

Michael Morretti, 845 Second Street, stated that since he last attended the Planning Commission meeting to address the noise coming from the Pitcher House, he has recorded 35 hours of audio and video taken from his house of the Pitcher House activities; and he urged the City to take action on the nuisance his family is experiencing.

Director Blumenfeld stated that the Code Enforcement Officer could once again go out to this site to monitor the situation; and that he will also visit the site once again if the Planning Commission so desires another check of the facility. He noted that staff has not yet been able to corroborate the noise complaint by the Morretti's.

Mr. Morretti stated that it has only been the last 2 weekends that a security guard has been on site.

MOTION by Commissioner Hoffman, seconded by Vice-Chairman Perrotti, to RECEIVE AND FILE C-36 -- Review of incident reports for Pier Plaza and downtown area.

May 20, 2004

Honorable Mayor and Members of The Hermosa Beach City Council

Regular meeting of May 25, 2004

RECOMMENDATION TO DENY DANCING
AT TJ CHARLYZ (1332 HERMOSA AVENUE)

RECOMMENDATION

Staff recommends that Council:

1. Make a recommendation to the Department of the Alcoholic Beverage Control to reject the application by TJ Charlyz Nightclub and Restaurant to change their existing alcohol license to allow dancing in their establishment.

BACKGROUND

TJ Charlyz Nightclub and Restaurant at 1332 Hermosa Avenue was issued a type 47alcohol license by the ABC in December of 1996. One of the conditions of the license (condition #5) was no dancing allowed on the premises. Recently, officials of the ABC working with members of the Hermosa Beach Police Department observed that TJ Charlyz was allowing dancing in their establishment. The owner, Mr. Steve Dahdah, was advised by the ABC of the violation of this condition. During April of 2004, Mr. Dahdah applied to the ABC to modify his alcohol license to allow dancing in his establishment. The ABC has formally notified the City of this request to change the license and the City has the opportunity to file a written objection to the modification of this license if it so desires. The Police Department objects to the change in Mr. Dahdah’s alcohol license.

ANALYSIS

The Police Department has become very concerned with the operations of the nightclub TJ Charlyz. Long before the police department became aware that TJ Charlyz was prohibited from having dancing, our officers have become very concerned about the rowdy behavior at this business. Officers have encountered a number of confrontational patrons. As a result our police officers have had to deal with a number of situations at this establishment. Recently on March 27, 2004 a large fight broke out at TJ’s and a crowd of about 100 persons were dispersed from the area of the bar. Our officers have found and cited persons under the age of 21 drinking inside of the business. The police department has also received information from neighboring police departments regarding gang members patronizing this nightclub.

The owner has expressed concern to our officers about the difficulty of his business competing with the other popular bars and nightclubs of the downtown area. Our foot patrol officers must make a point to monitor activities inside of this particular nightclub because of the rowdy behavior. This is not the case at other adjacent nightclubs such as the Café’ Boogaloo and Sharks Cove where a more noticeably different and well-behaved clientele patronize these businesses.

The applicant has been aware of the fact that he was not to have dancing since 1996.  However, our officers can attest to the fact that there has been dancing at TJ Charlyz for the past few months. Even after TJ Charlyz was informed of the fact that they could not have dancing, dancing continued. Our officers observed dancing inside TJ’s over the weekend of May 15-16, 2004. This is an example of the applicant’s disregard to the conditions imposed by his alcohol license.

While the Police Department is not opposed to dancing in general, the Police Department is concerned about the daily operation of this particular nightclub considering its past. It is felt that if the applicant is allowed to have dancing in the establishment, the same type of rowdy crowd will continue to show up as patrons. Therefore, the Police Department objects to changing this condition in this alcohol license.

Respectfully submitted,

MICHAEL LAVIN, CHIEF OF POLICE
HERMOSA BEACH POLICE DEPARTMENT

Concur:

STEPHEN BURRELL
CITY MANAGER