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Hermosa Beach News for 2006

HB Planning Commission votes to continue CUP enforcement - After reviewing a report, the Hermosa Beach Planning Commission Tuesday night voted to direct the city’s Police Department to continue with its issuance of citations of Conditional Use Permit violations for businesses located in the downtown area.  Community Development Director Sol Blumenfeld in conjunction with Fire Chief Russ Tingley and Police Chief Mike Lavin drafted their annual review and report of such violations, specifically in the areas of overcrowding and noise, and presented it the commission.

Hermosa Beach: The Year in Review - Election/Measure ‘E’ - This year’s City Council race saw the re-election of Michael Keegan and J.R. Reviczky who came in first and third, respectively, along with political newcomer Howard Fishman who earned the second-place ranking.  The Los Angeles County Registrar Recorder’s official results stated that Keegan earned 2,463 votes, followed by Fishman with 2,027 votes and Reviczky with 1,994 votes. A total of 4,404 votes were cast at the city’s six precincts and 1,777 votes constituted absentees out of 13,312 registered voters.

City settles police harassment suit with club owners - Hermosa Beach will pay out slightly more than $1 million to the former owners of a restaurant and nightclub near the corner of Pier Avenue and Valley Drive in a settlement of a civil rights lawsuit alleging local police of assault, false arrest and malicious prosecution.  The city agreed to pay $1.1 million to the Roberts family, former owners of Pointe 705, now called Saffire. The city will pay a $250,000 deductible (agreed to do so for each claim) and its insurance for general liability will cover the remainder.

Council mulls over what to do about open seat - With what looks to be an unexpected vacancy on the Hermosa Beach City Council, voters and city officials began voicing their opinions on how the city should handle the matter that will ultimately come down to either an appointment or a special election.  The issue surfaced last week when Howard Fishman, who won the second of three open seats on the City Council, according to unofficial election results, announced last Tuesday that he will give up his seat due to family reasons.

City to address emergency plan - As a way to address any public concerns, comments or suggestions on how Hermosa Beach would respond in the event of an emergency affecting the entire town, school, health and city officials are hosting a public meeting Dec. 14 that will take a closer look at emergency preparedness on a local level.  City Manager Steve Burrell is the moderator of the meeting that is expected to feature several speakers including representatives from the county, the local police and fire departments, the Beach Cities Health District and the School District. The speakers will talk about their roles and their preparedness, and hope to answer questions from the audience. 

Commission OKs eatery’s alcohol permit - The Hermosa Beach Planning Commission Tuesday night voted to approve an amendment to a conditional use permit for a restaurant in the city’s downtown wishing to offer its patrons hard alcohol in conjunction with an already existing permit to sell beer and wine. The amendment passed in a 3-2 vote, but under the condition that Italy’s Little Kitchen reduce its hours of operation from 2 a.m. to midnight.  Any commission vote acts only as a recommendation, and the City Council reserves final judgment on any matter that comes before one of the appointed bodies. The owners may appeal the commission decision, which would then leave the ruling in the council’s hands.

The Beach Reporter – January 19, 2006

Hermosa Beach News

HB Planning Commission votes to continue CUP enforcement (1/19)

By Whitney Youngs

After reviewing a report, the Hermosa Beach Planning Commission Tuesday night voted to direct the city’s Police Department to continue with its issuance of citations of Conditional Use Permit violations for businesses located in the downtown area.

Community Development Director Sol Blumenfeld in conjunction with Fire Chief Russ Tingley and Police Chief Mike Lavin drafted their annual review and report of such violations, specifically in the areas of overcrowding and noise, and presented it the commission.

“We felt that the overcrowding, if it was extremely bad, that was probably more of a long-term problem than the noise from both the standpoint of a safety issue especially in the event of an earthquake or a fire,” said Commissioner Sam Perrotti Wednesday.  “We decided to narrow it down to certain violations and we will continue with the way we’ve been doing it through police enforcement.”

Last January, the commission directed Blumenfeld to schedule informal hearings with the six businesses which, according to Blumenfeld, were in continuous violation of their encroachment and conditional use permits, and to also revise policies related to such permits as it pertains to revocation and modification. The six businesses at the time were Aloha Sharkeez, Dragon, Patrick Malloy’s, Sangria, the Lighthouse Café and Fat Face Fenner’s Fishack, which are all located on the pier plaza.

Blumenfeld first presented his annual report of businesses in January of 2005, according to the commission’s yearly review policy that it voted to establish in 2004 as a way to track any downtown businesses that are violating the city’s municipal code. In putting together his report, Blumenfeld reviewed incident reports for various downtown businesses, and heard testimony from both the city’s Police and Fire departments pertaining to the months of August through December 2004.

Last February, the commission directed the Community Development Department in conjunction with the Police and Fire departments to continue conducting inspections related to code enforcement of downtown businesses over the next three months. Members also voted to schedule formal hearings on the modification or revocation of conditional use permits for those businesses that continue to violate them.

The commission’s vote only serves as a recommendation to the City Council, which acted on the matter by agreeing with the commission and voted to begin issuing citations as a way to enforce CUPs.

“The intent was to also use citations as a way to track frequent or problem violators, and use the citations as a record for reviewing the status of compliance with CUPs and as a record for possible revocation if problems were found to be serious,” stated Community Development Director Sol Blumenfeld in his staff report. “There appears to be continuing code violation problems as evidenced by the number of citations that have been issued by the Police Department for CUP violations and the Fire Department for overcrowding, and, more importantly, repeat citations for the same violations.”

According to Blumenfeld’s report, the businesses in the downtown area that had repeated violations related to noise and overcrowding, specifically, were Dragon (four for loud music and one for overcrowding), the Lighthouse Café (two for loud music and one for overcrowding), Aloha Sharkeez (three for loud music), Fat Face Fenner’s Fishack (two for loud music), Sangria (five for loud music) and Blue 32 (three for overcrowding).

Blumenfeld said that the “cause for most concern are the repeat violators because these businesses are not correcting their problems in response to the citations.”

The commission may revoke a CUP on several grounds including that the use for the approval of a CUP that was granted is not being exercised or that the approval was obtained by fraud.

“The process requires a noticed public hearing at Planning Commission where upon consideration of all the facts and public testimony, the commission may revoke or modify the conditions of the CUP to address specific problems,” stated Blumenfeld. “The city attorney has advised that a conditional use permit conveys a property right to the business and that the commission must carefully weigh the relevant evidence before revoking or modifying a permit.”

The Beach Reporter – December 30, 2005

Hermosa Beach News

Hermosa Beach: The Year in Review (12/30)

By Whitney Youngs  

Election/Measure ‘E’ - This year’s City Council race saw the re-election of Michael Keegan and J.R. Reviczky who came in first and third, respectively, along with political newcomer Howard Fishman who earned the second-place ranking.  The Los Angeles County Registrar Recorder’s official results stated that Keegan earned 2,463 votes, followed by Fishman with 2,027 votes and Reviczky with 1,994 votes. A total of 4,404 votes were cast at the city’s six precincts and 1,777 votes constituted absentees out of 13,312 registered voters.

In a related matter, voters defeated Measure “E,” an initiative regarding the prohibition improvements on the beach and Greenbelt.  According to official results from the Los Angeles County Registrar/Recorder’s office, 3,055 “no” votes and 2,346 “yes” votes were collected.  The initiative was aimed at preventing construction of major significance on the city’s two biggest open spaces without a vote of the people.

Fishman vacancy - In late November, Howard Fishman, one of the winners of the Hermosa Beach City Council race, announced that he was giving up his seat on the elected body due to family reasons.  The elections results were certified by the tine of the council’s Dec. 13 meeting when the council first explored the idea of what to do with the vacancy. The council, which is currently working with only four members, voted to postpone its decision on how to fill the vacancy until its first meeting in 2006.  The city began taking applications from those who wish to be considered for an appointment if the council does decide on such an option instead of holding a special election.

Valley construction lawsuit and bids - The School District celebrated victory in November when a Los Angeles County Superior Court judge ruled in favor of it on all points in a lawsuit filed against it by a group called the Committee for Responsible School Expansion.  The committee, a group of community members, filed the lawsuit against the district in April on several counts including one that claimed the Environmental Impact Report in terms of its analysis and mitigation measures on future construction at Hermosa Valley School was inadequate. In 2002, voters passed a $13.6 million bond Measure “J” to pay for the design and construction of the project.

In December, the School Board voted to move forward with the proposed construction on Valley’s campus by accepting bids for the construction plans.  The project’s total cost is about $10.8 million that entails a construction budget of about $8.1 million and soft costs of about $2.7 million. The School Board, however, voted for a project that reflects the elimination of two more classrooms and will comprise a series of change orders aimed at deleting two science labs, painting, some flooring and cabinetwork.

FBI inquiries - In June, the Los Angeles office of the Federal Bureau of Investigation launched an inquiry into accusations that Hermosa Beach Police officers violated the civil rights of three South Bay residents and then lied about the incident in their police reports and during a court trial.

The allegations claim that officers used excessive force and falsely arrested Robert Nolan and Diana “Michelle” Myers of Hermosa Beach, and their friend Joel Silva.  According to attorney Thomas Beck representing Nolan and Myers, a letter was drafted and sent to the U.S. Attorney’s Office that stated their complaints of what allegedly happened to them.  U.S. Attorney Debra W. Yang replied with a written correspondence following the trial in which the charges facing Nolan, Myers and Silva against the police were either dropped or they were acquitted. The letter informed Nolan and Myers that the FBI’s Civil Rights Division was being directed to conduct an inquiry.

In August, a second inquiry was launched by the Los Angeles Office of the FBI into an arrest of a Los Angeles Police Department officer by Hermosa Beach Police who claims his civil rights were violated.  Sgt. Mark Pompano of the Los Angeles Police Department Pacific Division said the incident in question occurred in October 2003 when he, who was off duty at the time, attended a birthday party in Manhattan Beach.

He alleged that officers Donovan Sellan and George Brunn arrested him on suspicion of public drunkenness after he voiced a comment about them directed to a friend.

Oil saga - In November, the California Supreme Court rejected the city’s request to review a California Appellate Court ruling regarding a breach-of-contract lawsuit between the municipality and Macpherson Oil.  The seven-justice panel voted 6-1 to deny the city’s petition to hear a California Appellate Court decision that ruled in favor of the Santa Monica-based oil firm in August. The Appellate Court reversed a Superior  Court decision, stating that the breach-of-contract lawsuit against the city of Hermosa Beach should return to the lower court and play out in a trial setting.

The Appellate Court ruling reverses a December 2003 Superior Court decision that Macpherson could not seek monetary damages for a breach-of-contract lawsuit because of a voter-approved initiative. The December 2003 ruling was one of two legal cases that were part of an issue spanning more than two decades based on an effort to drill for oil in Hermosa Beach.

In 1986, Hermosa Beach inked a deal with Macpherson to drill for oil on the site of the city yard located near Sixth Street and Valley Drive. One of two legal battles began in 1995 when voters passed Measure “E,” a ban on all oil drilling in town. The case in question surfaced in 1998 when Macpherson filed its breach-of-contract cross-complaint.  Macpherson is seeking damages in the ballpark of about $500 million, an amount that is based on the loss of net profits that would have been accrued if Macpherson was allowed to drill for oil. On the other hand, the city is contending that Macpherson could only seek restitution damages that City Attorney Mike Jenkins has said are around $1 million.

City settles - In December, the city agreed to pay $1.1 million to the Roberts family, former owners of Pointe 705 once located near the corner of Pier Avenue and Valley Drive in a settlement of a civil rights lawsuit alleging local police of assault, false arrest and malicious prosecution.

The claim initially sought $7.6 million in damages for alleged violations that took place on several incidents in 2003 and 2004. The claim names several members of the Police Department including Lt. Lance Jaakola, Capt. Thomas Eckert and Chief Mike Lavin.

The city will only pay about $250,000 (the city’s deductible for each claim filed and settled) of the suit, as its general liability insurance will cover the rest.

New property - In April the city entered into negotiations to purchase land adjacent to City Hall.  The landowner of 552 11th Place and the city both agreed on a price tag of $4.2 million. The council approved the offer during closed session after its regular public meeting on March 8. The owner accepted the offer three days later.  As far as what the city would like to do with the land, the council has expressed an interest in creating more parking or it could use it for upgrades to the Police and Fire departments.

Jazz plaques - In October city officials hosted a dedication ceremony for the unveiling of several bronze jazz plaques installed into the concrete blocks on the pier plaza near the Lighthouse Caf/, which were funded entirely from private donations.  The plaques are part of a jazz memorial program conceived by local jazz promoter Ozzie Cadena that pay tribute to individuals who have put Hermosa Beach on the map as a Mecca for West Coast jazz.

HB Crimes

Weinberg - Police in May arrested 58-year-old Hermosa Beach resident Charles P. Weinberg on numerous charges related to alleged sexual abuse of at least five children over a 25-year period with the most recent reportedly occurring in late April.

Among the five identified children, who are all residents of the local area, three were allegedly molested during a period within the statute of limitations.  Officers charged Weinberg with 11 counts. In December, Weinberg pleaded guilty to four counts and is expected to be sentenced to eight years in January 2006.

Car jackers - Four young men charged with felony counts in connection to a car jacking in downtown Hermosa Beach last July were in court in early February to receive their sentences, one of whom received life in prison.  The men were arrested at the end of a car-to-car pursuit after they carjacked an SUV belonging to a disc jockey working at a bar on the pier plaza.  According to police, the four suspects drove a stolen Mercedes-Benz, which had been carjacked in Beverly Hills, to Hermosa Beach and parked it in a public lot in the downtown area just west of the Bijou building. One of the suspects got out of the car with a handgun and approached the DJ, who was loading his equipment into his SUV.

Romo - In April, a Long Beach man who was accused of stalking underage children in Hermosa Beach and secretly videotaping them pleaded guilty to one count of felony child molestation.  Judge Andrew Kauffman ordered that Robert Romo, 45, submit to a 90-day mental evaluation that will be conducted by the Department of Corrections.

Shooter - In the morning of March 5, two men from Lomita were shot, one of whom was killed, the other severely wounded on 10th Street near Pacific Coast Highway.  After the shooting, police launched a search of a 26-year-old Harbor City man, Severiano Rios Castro, who was at the time a person of interest. The two men were gunned down at a construction site around 9 a.m.

Veteran officer fired - In November, following a letter regarding its “intent to terminate,” the Hermosa Beach Police Department fired Todd Lewitt, a police officer who has worked in town for the past eight years.  The department had no comment on the circumstances of the action taken at the time and Lewitt has since filed an appeal with the Los Angeles County Civil Service Commission.

Lewitt was named in one lawsuit against the city, which is a case that is now being investigated by the FBI related to allegations that several officers, including Lewitt, used excessive force and falsely arrested three South Bay residents Robert Nolan, Diana “Michelle” Myers and Joel Silva.  Lewitt has always contended that his termination is a form of retaliation, and is a result of his critical and outspoken stance against the department.

Man & Woman of the Year - The Hermosa Beach Chamber of Commerce in October recognized Dorothy Yost and Bob McEachen as the 2005 Man and Woman of the Year at the Comedy and Magic Club.  The annual award is bestowed upon two individuals who exemplify outstanding civic awareness within the South Bay community.

In Memoriam 

John Hales - Hermosa Beach lost a prolific local historian when John Hales died in his sleep in the early morning of Sept. 24 at the age of 88.

Hales, originally from Washington, D.C., was born Nov. 14, 1916, and lived on Eighth Street. He has been a resident since 1947.

Over the years, Hales chronicled the history of Hermosa Beach through a series of hand-written timelines and scrapbooks. He was also famous for designing the city seal that is seen around town - in City Hall, at the base of the pier and on some city manholes.

Betty Evans - Longtime resident Betty Evans died in December at the age of 78.  Evans was born in 1927 and spent practically her entire life in Hermosa Beach but also lived in New York City and abroad in Rome and Paris. She was the author of nearly a dozen cookbooks. She married her husband, Gordon, in 1946 and lived in the same house on Valley Park Drive for the past 45 years.

Wayne Miyata - A cultural icon of the 1960s surfing movement, Wayne Miyata died in March of cancer at his home at the age of 63.  Miyata was born in Hawaii and at one point owned a surfboard shop in town. He enjoyed restoring vintage surfboards and riding the big waves of his generation. Miyata came to Hermosa Beach in the 1950s and appeared in Bruce Brown’s 1966 surfing documentary “Endless Summer” about two young surfers who travel the world in search of the perfect wave.

Blue school - In September, state officials informed Hermosa Valley and View school officials that they received the nationally recognized Blue Ribbon School award.  Last December, district officials received word that the schools had earned a nomination for the award, which recognizes education institutions that exhibit exceptional academic standards.  Hermosa View and Valley schools were two out of about 35 schools selected out of thousands of schools across the state of California.

Walk of Fame - On July 31, during a formal ceremony, the city inducted four more individuals into the Surfer’s Walk of Fame who helped shape the city’s rich surfing history.  Chris Bredesen, Daryl Dickie, George Freeth and Mary Setterholm received the honor before the first of three Sunset Concert Series shows.

Pier opening/Kelly statue - The city of Hermosa Beach finally celebrated the long-awaited completion of its pier renovation project in a formal ceremony in November that followed with public tours of the new county lifeguard headquarters, which was a major element of the multimillion-dollar project.  The third phase of the project included upgrades to the bathrooms located just south of the pier and the base of the pier itself, now named Schumacher Plaza, featuring the city seal.  The plaza also features a newly refurbished Tim Kelly statue that was restored with private donations. The statue was built shortly after the popular lifeguard’s death at the age of 23 in 1964. The refurbished version was cast in bronze.

Contractors built a bench wall and planter with the words “Schumacher Plaza” engraved into it on the south side of the area in between The Strand and the base of the pier entrance. This area was named after Dr. David Schumacher and his wife, Margaret, a longtime Hermosa Beach couple who donated $1 million to the project.  In the center of Schumacher Plaza sits the famed city seal designed by the late John Hales that is situated in the center of a compass rose design.

Pavilion opens - After years as a vacant building, the Hermosa Pavilion, known around town as Hermosa Beach’s biggest white elephant, opened for business in August.  The Shook Development Corporation, owner and developer of the Hermosa Pavilion, opened the long-awaited retail and office building located on Pacific Coast Highway with current or future tenants such as a 24-Hour Fitness club, a performing arts school for children, a fudge shop and a day spa, among other things.

Wi-Fi defeated then revived - In a last-ditch attempt, City Councilman Michael Keegan in May requested that the council put an advisory ballot on this year’s November ballot that would ask voters whether they are interested in a citywide wireless network, which ended in a series of deadlock votes.  Keegan and then-Mayor J.R. Reviczky, who have always supported the idea of a free Wi-Fi system offered to residents and visitors of Hermosa Beach, voted in favor of an advisory measure that was aimed at measuring public interest among voters.

Last January, the council deadlocked on the issue of whether to move forward and approve the second phase of a citywide Wi-Fi system that would have provided free wireless Internet access to residents and visitors of Hermosa Beach.  At a November meeting in 2004, the council deadlocked in the same way with both Councilmen Peter Tucker and Sam Edgerton voting against the idea that was first spearheaded by Keegan.  The council initially put the project out to bid and received bids from seven companies for the entire project in the spring. In May, the council voted to award the contract for the first phase of the installation to L.A. Unplugged.

In a related matter, the council in June voted to move forward with a nonexclusive franchise agreement with Treyspan Inc. to deploy a citywide wireless system free of charge to the city.  The service once installed would be a fee-based system with packaged rates and would essentially replace a wireless system free to residents and visitors that Keegan attempted to push through.

The Beach Reporter – December 30, 2005

Hermosa Beach - Crime Watch (12/30)

DENTED CAR. A 1999 Porsche Boxster was reportedly vandalized in the 1800 block of Manhattan Avenue between Dec. 9 at 5 p.m. and Dec. 10 at 8:30 a.m. The victim parked there and upon return noticed that an unknown person had kicked the side of the passenger’s door and dented it.

VANDALIZED BENCHES. Several park benches in the 2600 block of Valley Drive were reportedly vandalized during an unknown date and time with red spray paint. The vandals wrote graffiti on them along with trash cans and an amphitheater wall.

BURGLARY. A car parked in an underground garage in the 400 block of Monterey Boulevard was reportedly burglarized between Dec. 18 at 8 p.m. and Dec. 19 at 7:05 a.m. The victim parked and locked the car, and returned to find a rear passenger window smashed with damage estimated at $50. The burglar(s) stole a stereo valued at $500, 500 CDs valued at $4,000 and a CD case valued at $60. The victim suspects his neighbor who is known for his alleged drug use and strange behavior.

SHATTERED DOOR. A glass security door at a hotel in the 900 block of Aviation Boulevard was reportedly shattered Dec. 18 around 5 a.m. The manager arrived at work that morning and was informed by a night staff that a guest had heard someone break glass outside the building. One of the staff members wen to investigate and discovered that the rear security glass door was broken.

GRAFFITI. The Strand wall near 34th Street was reportedly vandalized during an unknown date and time. The vandal(s) wrote on top of the wall with a red marker. No suspect was seen and the writing is unintelligible.

The Beach Reporter – December 22, 2005

Hermosa Beach News

City settles police harassment suit with club owners (12/22)

By Whitney Youngs

Hermosa Beach will pay out slightly more than $1 million to the former owners of a restaurant and nightclub near the corner of Pier Avenue and Valley Drive in a settlement of a civil rights lawsuit alleging local police of assault, false arrest and malicious prosecution.  The city agreed to pay $1.1 million to the Roberts family, former owners of Pointe 705, now called Saffire. The city will pay a $250,000 deductible (agreed to do so for each claim) and its insurance for general liability will cover the remainder.

Reginald Roberts, no relation to the plaintiffs, of the law firm Ivie, McNeill & Wyatt represented the Roberts family in the case and was not at liberty to go into detail about the settlement due to terms reached through a “nondisparagement” agreement.  “What this means is that neither side can disparage the other publicly,” he said. “The parties reached an amicable resolution to the matter and the city agreed to pay my clients to resolve the claim.”

Roberts said he was just a few months away from trial on the issue that was filed in U.S. District Court in downtown Los Angeles in April of 2004 and would have been heard in a downtown court. The settlement was reached with the help of a magistrate judge, Jeffrey Johnson, Dec. 12.

According to the claim received by the Hermosa Beach City Clerk’s office Jan. 22, 2004, several dates are listed as to when the alleged violations took place and the claim names several members of the police department - Sgt. Kevin Averill, officers Landin Phillips and Chris Alkadis, Lt. Lance Jaakola, Capt. Thomas Eckert and Chief Mike Lavin. The claim sought $7.6 million in damages.

The first incident occurred Sept. 20, 2003, when two officers came into the club and spoke to one of the owners, Cecil Roberts Jr., who identified himself as such, and “…asked him if HBPD officers would continue to receive food discounts as they had under the previous ownership,” stated the claim.

The officers then left and later than night Alkadis and Averill returned to the club to speak with Roberts about a pool of soapy water that formed down the hill from the club.  “A promoter was hosting a foam party at the club and the bag holding the water broke causing the water to run out onto the street and down the hill,” stated the claim. “Although the promoter was in the process of cleaning up the water, (officers) threatened to write a ticket for every car which squealed as a result of the water.”

The officers asked for his identification, and he gave them his driver’s license and told them that his uncle was the only owner whose name appeared on the ABC license.  The claim goes on to say that the officers threatened to issue Roberts felony fines of at least $100,000 and Averill stated, “We don’t like people like you in my town,” “We are going to close you down” and “I am going to do everything to shut you down.”

The claim stated that Averill then issued Roberts a ticket around 1:51 a.m. for illegal discharge of waste and arrested Roberts around 2:50 a.m. for false identification when he told them earlier in the evening that he was the owner. The claim contends that Roberts was not read his Miranda rights, his request to speak to his attorney was declined and he was never advised as to the reason for his arrest.

The claim goes on to state that at the time of his arrest, Roberts had a brain tumor that caused him to have seizures when his blood pressure was elevated. Roberts’ father informed the police about his condition and asked them to have a paramedic check on him because he was hunched over in the back of the police squad car.  “Cecil Jr., in fact, had a seizure while sitting in the squad car and was awakened by Averill poking him in the chest with either an object or his fingers pulling him out of the car,” stated the claim.  No charges were ever filed against Roberts by the District Attorney.

Another incident occurred Oct. 26, 2003, when a promoter threw a hip-hop party at which most patrons were African American. Another part owner, Grace Roberts, saw a patron trying to hail a cab and told her security to get the man out of the street and help him catch a cab.

Averill drove up in his car and informed Roberts that he was going to “shut this place down” and said to Roberts, “I don’t like these people … get rid of them … get rid of these troubles…” according to the claim. The claim also stated that Averill told Roberts, “The City Council hates bars and is going to shut them down one by one,” and also said he would, “watch every move she made and the next time, he would shut the club down for good.”

The owners met with Lavin, Eckert and Jaakola about the incidents. Eckert told the owners that there was “no conspiracy” in the incidents.

The last incident occurred Dec. 21, 2004, when Grace Roberts said that she witnessed a group of six officers grab a young African American woman, “…threw her on the ground and hit her with batons and kicked her with their feet while she was on the ground. They handcuffed her and put her in the squad car, but she was later released,” stated the claim.

The Beach Reporter – December 22, 2005

Hermosa Beach - Crime Watch

VANDALISM. A car parked in the 1300 block of Bayview Drive was reportedly burglarized Nov. 17 around 3 a.m. The victim, who reported the incident Dec. 12, said that he heard a loud noise outside the front of his apartment building. He then called 9-1-1 and assumed the police were handling a disturbance call. The man returned to his car a few hours later and discovered a trash can on top of it. He talked with one of his neighbors who said that she heard the noise as well and when she went outside to see about it she saw another neighbor. She said that he was drunk and has consistently harassed her, but that she did not see him throw the trash can.

CREDIT CARD FRAUD. An unknown person reportedly used a bank credit card belonging to a woman living in the 600 block of Fourth Street to make fraudulent transactions between Nov. 23 and Dec. 11. The victim checked her bank account online and discovered numerous unauthorized charges, the first one at a Shell gas station for $75. She learned that other charges had been made at gas stations in California, Texas and Arizona and the last purchase in Pomona. The total amount of unauthorized charges total $1,510.

ATTEMPTED ROBBERY. Two men reportedly tried to rob another man in the 3300 block of The Strand Dec. 7 at 9:45 p.m. The victim was walking on The Strand during his evening exercise when he noticed two subjects in hooded sweatshirts walking toward him from the opposite direction. The victim made eye contact with one of the suspects as they passed and he then forgot about them. Shortly after, the two men grabbed the victim from behind and he turned around and saw the two subjects. The suspect whom he gave eye contact to said, “Give me your money.” The man then pointed a black revolver into the victim’s abdomen at point blank range. The victim said he did not have any money and the suspect added, “Give me your wallet, give me your watch.” The suspect then began to search the victim’s waistband for valuables. The victim, afraid for his safety, handed the suspects over an inexpensive watch to the robbers. The suspect examined it and handed it back over. The suspects then fled the scene.

The Beach Reporter – December 22, 2005

Hermosa Beach News

School wrap: board approves bids, athletic stipends (12/22)

By Whitney Youngs

Valley construction - The Hermosa Beach School Board Dec. 14 voted to move forward with the proposed construction project at Hermosa Valley School by accepting bids for plans that call for a gym and library, among other things.  The project’s total cost is about $10.8 million that entails a construction budget of about $8.1 million and soft costs of about $2.7 million.

The School Board voted to eliminate the two science labs, painting, some flooring and cabinet work from the project that will take place through a series of change orders in the future, which will decrease the cost of the project to a budget that the School District will be able to afford. The flooring, painting and casework will decrease the project’s cost by $200,000 and the district expects to complete them in-house.  The project in its alternate form would have included two regular classrooms and the science labs for a total cost of $11.3 million.

The School Board felt that if it nixed the gym the entire project would have to be scrapped and new plans would have needed to be designed by the architects with Dougherty & Dougherty, which would have taken more than a year to put a new project out to bid.  During its last series of downsizing meetings, the School Board voted to move forward with its then-newly revised construction plan that went out to bid and essentially reflected the new gym, the reduction from four to two regular classrooms, the pair of science labs and a smaller library.

In May 2004, the School Board voted to reduce the scope of the new construction plan (including the loss of two new classrooms that were part of an original four) in the hopes of staying within budget. The main issue raised was how to maintain the essence of the original project promised to voters with the approval of Measure “J” while remaining in budget.  In November 2002, voters approved the $13.6 million local general obligation bond subject to safeguards and guidelines of the state’s Proposition 39.

The current project located at the southwest portion of Valley’s campus will encompass a gym that will boast a regulation-size basketball court.  The gym, roughly the height of a two-story structure, is connected to a structure roughly the same height that will house boys’ and girls’ dressing rooms, offices for coaches, a storage room and restrooms on the bottom level. The second level of the building would have housed the two science labs. The new campus library, a separate structure, reduced by about 500 square feet from its original dimensions, will sit next to the gym on the east side. The two regular classrooms would have also sat next to the gym on the east side. The areas, however, for both the two regular classrooms and the science labs will be marked out so that the School District will have the opportunity to build them in the future.

Amid the planning process came litigation against the School District in a lawsuit filed in April. The group called the Committee for Responsible School Expansion also requested an injunction that sought to stop progress on the construction project.  A Los Angeles County Superior Court judge ultimately ruled in favor of the School District by denying the request and also ruled in favor of the School District on the actual lawsuit. The suit was filed on several points including one that claimed the project’s Environmental Impact Report in terms of its analysis and mitigation measures on construction was inadequate.

The funding sources will come from a number of different accounts. The district will use $2.9 million left over from the first half of the bond, $1.5 million from the state through a joint-use agreement with the Beach Cities Health District, $4 million from the new bond, $1.2 million in special reserves and about $200,000 from its Developer Fees account. The district believes it can also receive $750,000 to $850,000 if it refinances the first half of the bond amount.

According to the district, construction costs in terms of square footage began to soar significantly in the second quarter of 2004 with the cost of one square foot at $270. The original budget for the project was at $8.2 million during this time and tapered off to $7.8 million in the first quarter of 2005 and dipped down to $6.8 million in the second quarter of 2005.

According to Hermosa Beach Superintendent Sharon McClain, it was during then that the district was delayed by a lawsuit filed by the Committee for Responsible School Expansion, and that by the time the matter was resolved, the budget had climbed back up to $8.2 million in the fourth quarter of 2005. The cost to construct per square foot is based on several factors including the rise in prices of building materials and has continually climbed from $270 per square foot in 2004 to $420 per square foot in the last quarter of 2005.

Developer fee study - The School Board voted to approve a proposal to prepare a developer fee justification study developed by Van Gundy & Associates at a cost not to exceed $3,500.  School districts are required to re-evaluate their ability to assess developer fees at least every two years as the district has the authority to impose developer fees on new residential and commercial developments.  The cost for the study will be charged to the district’s General Fund.

Athletic stipends - The School Board approved a series of stipends for payment to teachers and walk-on coaches involved in after-school sports for the 2005-06 school year.  All district sports programs - football, boys’ basketball and volleyball, softball, and girls’ volleyball and basketball - will each receive $800 for their coaching staffs.  The stipends for the coaches are funded through the PTO, TUPE, and Safe and Drug-Free Schools.

American history grant - The School Board also voted to ratify a memorandum of understanding between the School District and the Lawndale Elementary School District for the Teaching American History grant.  The memorandum specifies the terms of the agreement related to the participation in the grant program. The grant provides training to teachers on traditional American history through professional development.  Through the training, teachers will acquire a better knowledge of American history and will help teachers apply effective teaching strategies that will provide students with the resources and tools to learn American history according to state standards.  The program operates at no cost to the district.

Counseling services - The School Board also voted to approve an educational consultant agreement with Debbie Nelson for additional hours of counseling and a social skills intervention program among small groups for Valley middle school students.  The district’s counseling program provides services to students in all grades at both Hermosa Valley and View schools, along with intervention and behavior management to teachers and parents. The program’s services were cut by 30 percent due to budget reductions during the 2004-05 academic year and continue into the 2005-06 school year.  These additional hours will help to address the needs of more students and is funded through a donation from the Hermosa Beach Kiwanis Club.

In a related matter, the board also voted to approve an educational consultant agreement with Amy Humphrey for additional hours of counseling and a social skills intervention program among small groups at Hermosa View School.  The additional hours will be paid through a donation from Dr. Robert Content via the Hermosa Beach Education Foundation.

Media services - The School Board also approved a media contract for the 2005-06 school year with the Los Angeles County Superintendent of Schools.  Known as the Comprehensive Media Contract, the agreement will provide the district with a number of services such as access to a circulating media collection and district membership to its Learning Resources Acquisitions and Access Consortium.  The district will receive the services for $1,925, which is included in the budget.

The Beach Reporter – December 1, 2005

Hermosa Beach News

Council mulls over what to do about open seat (12/1)

By Whitney Youngs

With what looks to be an unexpected vacancy on the Hermosa Beach City Council, voters and city officials began voicing their opinions on how the city should handle the matter that will ultimately come down to either an appointment or a special election.

The issue surfaced last week when Howard Fishman, who won the second of three open seats on the City Council, according to unofficial election results, announced last Tuesday that he will give up his seat due to family reasons. The two other winners of the Nov. 8 election are incumbents J.R. Reviczky and Michael Keegan, also according to unofficial results.  “I have enough trust and confidence in the four of the council members to make a decision that they feel is in the best interest of the community,” said Fishman. “I really don’t have a position one way or the other, other than that I trust they will do the right thing.”

According to the unofficial results of Nov. 28, Keegan still ranked first with 2,463 votes (about 18 percent), followed by Fishman with 2,027 votes (nearly 15 percent) and Reviczky with 1,994 votes (14.6 percent).

“My position is that I would never appoint anyone to the City Council in this instance besides the fourth-place finisher,” said City Councilman Sam Edgerton. “Because we just held a City Council election less than one month ago, I do not think that another election is necessary … I have heard the argument that we should hold another election to determine the second-place finisher because some people claim that their votes would be different if the second-place finisher, Howard Fishman, was not on the ballot. The fact that they and I would have voted differently is certainly true, but to eliminate the guesswork under that scenario, you would make everyone run again, including the first- and third-place finishers.

“If an Olympic medallist like Jim Thorpe is tragically disqualified under then-existing rules, you don’t replay the qualifiers or the finals to the 440, the decathlon and the 100-yard dash. The medal goes to the next in order,” added Edgerton. “The public sentiment that I am hearing is very strong, stating that we should take the next in order and knock off the politics. If we cannot agree, which may unfortunately happen, we will continue to be a four-person council for at least six months and spend needless money on what is likely to be the same result.”

The council must decide on one of two options within 30 days of the results being certified, which, according to City Manager Steve Burrell, could be voted on at the council’s Dec. 13 meeting or its Jan. 10 meeting.  “If they make the decision to have a special election on Dec. 13, they would have the election in April,” said Burrell. “If they decide to have a special election on Jan. 10, that would be mean the election would take place on the primary date in June.”

The second option would be that the council could vote to appoint any person with the only requirement being that he or she is a Hermosa Beach resident and that the appointment would be for the full four-year term. The council would not be able to appoint someone temporarily, for instance, for six months or two years.

“I’m going to evaluate our options, but off the cuff I think it’s a long appointment and that is concerning because it gives that someone an impression of incumbency,” said Keegan. “By the time that person runs again four years from now, people will think they were elected. Voters have short memories. I always like to elect my officials and I think it’s wrong to put the power of appointment into our hands. I’m a firm believer in the vote of the people. However, I still don’t know how I will vote because I don’t have all of the information in front of me.”

As of press time, the Los Angeles County Registrar/Recorder’s Office has yet to certify the election results; however, Keegan and Reviczky are expected to be sworn in at the council’s Dec. 13 meeting. Fishman would have filled Art Yoon’s seat. Yoon decided not to run again in order to complete his MBA.

“My thoughts are with the Fishman family,” said the recently retired councilman Yoon. “I am not interested in discussing succession scenarios. Obviously, however, that will be a vital matter for the city in the near future. Our council will have to operate a man down at least for a short while, and it is my sincere hope that we will rally as a city for the Fishmans and this council as we get through this period of uncertainty. I trust that even with this difficult situation that Mayor Tucker and the council will find a way to manage our city.”

If the council does decide to appoint someone, they could look to the unofficial fourth-place winner, Jeff Duclos, who earned 1,807 votes (about 13.3 percent) who was followed by Patrick “Kit” Bobko who earned 1,367 votes (about 10 percent).  “I would support a special election because the vacancy is for a full four-year term, and residents and business people may want to reconsider their voting options regarding the selection of only one candidate,” said Carla Merriman, executive director of the Chamber of Commerce.

Interestingly enough, Edgerton who supports putting Duclos, a registered Democrat, in office is a Republican while Keegan who is leaning toward a special election is a Democrat.  “I think it gives you hints on people’s stances - whether they are conservative or more liberal,” said Keegan on how the party affiliations play into local politics.

If the council votes to hold a special election, it could possibly do so by mail ballots or by organizing local precincts. Hermosa Beach Mayor Peter Tucker said that he has heard a special election could cost between $30,000 and $50,000.  “I am getting input from voters that is about 50 percent either way, some want an appointment and some want an election,” said Tucker. “It’s going to be a tough call and the cost for an election is kind of expensive for us at the moment. I’m not sure what I will do until I know what we can do. My concern is sitting up there with four people. We don’t have any controversial issues at the moment, but if we have one, it could end up a 2-2 vote and the city could sit at a standstill. We are in contract negotiations with two of our bargaining units so that concerns me as well.”

Until a new member is voted in, the council will only have four members who will vote on formal agenda items in which some issues could possibly end in deadlocks.  “I will vote to take applications for the position,” said Reviczky about his intention at the Dec. 13 meeting. “I will decide what I will do at the January meeting after I see the applications.”

The Beach Reporter – December 1, 2005

Hermosa Beach News

City to address emergency plan (12/1)

By Whitney Youngs

As a way to address any public concerns, comments or suggestions on how Hermosa Beach would respond in the event of an emergency affecting the entire town, school, health and city officials are hosting a public meeting Dec. 14 that will take a closer look at emergency preparedness on a local level.

City Manager Steve Burrell is the moderator of the meeting that is expected to feature several speakers including representatives from the county, the local police and fire departments, the Beach Cities Health District and the School District. The speakers will talk about their roles and their preparedness, and hope to answer questions from the audience.  “This is open to the public and we would really like as many residents to come as they can,” said Burrell. “A lot of cities have been doing this, and I think everyone is concerned and interested in making sure that cities can develop a confidence level among its residents so that if anything happened, people would know how to act and to be prepared.”

In 2001, the Federal Emergency Management Agency listed the top three disasters facing the United States as terrorists attacking New York City, the flooding of New Orleans from a hurricane and an large earthquake hitting San Francisco. Among FEMA’s top 10 natural disasters prior to Hurricane Katrina, the Northridge earthquake of 1994 ranks the highest in terms of relief costs that totaled nearly $7 billion from the president’s Disaster Relief Fund.

Burrell said the biggest area of improvement comes in the form of communications out in the field and between different organizations during a crisis.  “Communications, because it is getting better and this is a result of what they call innerconnectability, have created a lot easier ways for us to communicate compared to what we have been able to do in the past,” added Burrell. “But still it’s one of those serious issues because as a city you can become isolated when these things first happen. That’s partly why we want to explain to everyone what we, as a city, have prepared.”

According to the Fire Department, the Hermosa Beach City Council passed a resolution last year on the city’s Natural Hazards Mitigation Plan that is the city’s federally mandated plan allowing it to receive funding from federal agencies such as FEMA.  Fire Chief Russ Tingley has been updating an internal emergency operations plan that is now in its draft form by working with a team that consists of representatives from the Police Department, Planning Commission, Public Works Department and the Office of Disaster Management of Area “G” of Los Angeles County, a region that includes the cities of El Segundo, Manhattan Beach, Redondo Beach and Torrance.

The biggest natural disaster facing the South Bay is an earthquake but unlike tornadoes or hurricanes, earthquakes arrive without any warning.  “What one of our plans looks at is our vulnerability and risk-assessment within the city,” said Tingley. “We have concentrated more on natural hazards than terrorist attacks, being a small town, because I think that is where most of our effort needs to go.”

Tingley is expected to speak at the meeting, and will talk about the department’s responsibilities and the resources afforded to them. The Fire Department already has mutual aid operations in place and aid is based on the kind of disaster.  “It seemed after Katrina in New Orleans there was an expectation as to what the government can and can’t do,” explained Burrell. “We want to make certain that our residents are prepared and are able to deal with these things as much as they can themselves.”

Police Chief Mike Lavin is also expected to speak, also addressing his department’s responsibilities and resources. Area “G” Coordinator Mike Martinet, city-hired emergency planning consultant Carolyn Harshman, Hermosa Beach School District Superintendent Sharon McClain and the Beach Cities Health District’s Stacy Wyatt are all scheduled to speak at the meeting as well.

The discussion forum is slated for Wednesday, Dec. 14, in the council chambers at 7 p.m. and will air on a local channel on Adelphia Cable.

The Beach Reporter – November 17, 2005 

Hermosa Beach News

Commission OKs eatery’s alcohol permit (11/17)

By Whitney Youngs

The Hermosa Beach Planning Commission Tuesday night voted to approve an amendment to a conditional use permit for a restaurant in the city’s downtown wishing to offer its patrons hard alcohol in conjunction with an already existing permit to sell beer and wine. The amendment passed in a 3-2 vote, but under the condition that Italy’s Little Kitchen reduce its hours of operation from 2 a.m. to midnight.

Any commission vote acts only as a recommendation, and the City Council reserves final judgment on any matter that comes before one of the appointed bodies. The owners may appeal the commission decision, which would then leave the ruling in the council’s hands.

Although Commissioners Sam Perrotti and Langley Kersenboom favored approving the alcohol license, they did not support reducing the hours of the business.  “I felt the existing 2 a.m. time might be a little too late but on the other hand I think that people are eating later,” said Perrotti who favored a 1 a.m. closing time. “It’s a smaller restaurant, it hasn’t had any problems and doesn’t have live entertainment like the other restaurants in the downtown, so I didn’t see it as being problematic.”

The owners of Italy’s Little Kitchen restaurant located at the corner of Hermosa and Pier avenues requested the change to its establishment that is approximately 1,550 square feet.  “The Planning Commission granted a Conditional Use Permit in 1995 for on-sale beer and wine in conjunction with a southwestern-style restaurant,” stated Senior Planner Ken Robertson in his staff report. “The CUP does not include live entertainment and the current allowed hours of operation are from 8 to 2 a.m.”

The owners proposed to slightly change the interior of the restaurant’s floor plan by adding a small bar area with four seats near the entrance of the business that would replace one dining table. The restaurant operates strictly as such with little room for dancing or live entertainment. The city’s Community Development Department conducted a series of inspections of downtown bars and restaurants from December 2003 to August 2004 and no CUP violations were reported for Italy’s Little Kitchen. 

“The City Council recently imposed a more restrictive closing time of midnight for a similar request for Mediterraneo restaurant, when it requested on-sale general alcohol, and the commission recently denied a requested amendment to change the closing time to 2 a.m.,” added Robertson. “The applicant has appealed, and the council is scheduled to hear the matter in February 2006. However, Mediterraneo also includes live entertainment in its CUP and is located west of Hermosa council is scheduled to hear the matter in February 2006. However, Mediterraneo also includes live entertainment in its CUP and is located west of Hermosa Avenue.”

According to a survey completed by the Community Development Department in 2000, the city noted that Hermosa Beach has 42 businesses in the downtown area that offer alcohol, including those that only sell beer and wine. Those establishments that now sell full alcohol would increase from 23 to 24 and those that offer just beer and wine would drop from 19 to 18, if the commission’s ruling for Italy’s Little Kitchen is upheld by the City Council. Avenue.”

The Beach Reporter – November 17, 2005

Hermosa Beach News

H.B. Police Department fires veteran officer (11/17)

By Whitney Youngs

Following a letter regarding its “intent to terminate,” the Hermosa Beach Police Department last week fired Todd Lewitt, a police officer who has worked in town for the past eight years.

The department confirmed that it did fire Lewitt but did not comment specifically as to the circumstances on the action taken. Lewitt’s attorney Corey Glave also would not comment on the termination, but according to Lewitt, will file an appeal, which will be heard by the Los Angeles County Civil Service Commission.  “All I can say is that there will be a hearing that could take up to six months, but it could be earlier and I am 100 percent confident that this will be overturned,” said Lewitt.

Lewitt, 38, was named in one lawsuit against the city, which is a case that is now being investigated by the FBI related to allegations that several officers, including Lewitt, used excessive force and falsely arrested three South Bay residents - Robert Nolan, Diana “Michelle” Myers and Joel Silva. The inquiry was launched based on accusations that the officers violated the civil rights of the three residents last May, and then lied about the incident in their police reports and during a court trial.

Lewitt said last month that he believes his termination is a form of retaliation, and is a result of his critical and outspoken stance against the department and what he says are continual “cover-ups and corruption among top city officials.”

Last month, Chief Mike Lavin confirmed that the department did send out the letter to Lewitt, but would not comment on its details.

The Beach Reporter - February 3, 2005

Hermosa Beach News

Annual police report cites 2004 crime stats (2/3)

By Whitney Youngs

According to Hermosa Beach's annual statistical report for 2004, major crime in most categories exhibited a downward direction compared to 2003, but just like in 2003, there was a continued upward trend in the category of the number of adults arrested. 

According to the report, of the major crimes reported - murder, rape, robbery, assault, burglary, theft and auto theft - the police documented 714 crimes in 2004 compared to 752 crimes reported in 2003.

"It's always been described to me over the years that our crime rate is somewhat flat and I think this year's report is still somewhat characteristic of that," said Hermosa Beach Police Chief Mike Lavin. "We are up in a few categories, we are down in a few others. There are no real significant changes."

Police reported no murders this year compared to one last year while sex crimes declined from 11 cases in 2003 to seven cases in 2004.

The murder reported in 2003 was that of Hermosa Beach resident Joel Bues, 25, who was killed in his car at the intersection of Pier Avenue and Pacific Coast Highway in March 2003 at approximately 12:45 a.m.

Bues was shot to death while driving his BMW, which he pulled up to a red light at the intersection in the outside left-hand turning lane. Police were never sure if the shooting was a random act of violence or if Bues knew the suspect.

According to the report, robbery rose slightly with 20 cases reported in 2004 compared to 13 in 2003.

Assaults increased by only three cases from 140 in 2003 to 143 in 2004. On the other hand, burglary reports declined by three cases from 143 in 2003 to 140 in 2004.

Theft, which includes grand and petty thefts, and auto theft also declined in 2004. In the area of theft, police reported 388 cases in 2003 compared to 359 in 2004; and in auto thefts, police had reported 80 in 2002 and 56 in 2003, which are both up from 2004's 45 reported cases. DUI reports also decreased from 285 in 2003 to 164 in 2004.

"I not sure exactly why we have seen a drop in DUIs," said Lavin. "We still participate with the South Bay DUI Task Force which deploys every month. In addition to that, we are still out there doing our own thing."

Police continued arresting more people this year with 1,388 adults arrested. The figure continues to grow each year, setting new records in more than a decade. Police arrested 1,315 adults in 2003, which had already constituted the highest number of arrests since 1991.

"I think the large number of arrests is a result of the activity downtown," added Lavin. "It brings us an awful lot of business.

I'm not sure if we are necessarily seeing larger crowds. My impression is that the size is very much the same over the years. What we are seeing is a very transient crowd - a lot of different people who are circulating through just in the different people we arrest. People who are in the area have heard about Hermosa Beach and want to come check it out."

Juvenile arrests in 2004 were reported at 20 compared to 28 in 2003.

Police once again reported no fatal traffic accidents in 2004, 2003 or 2002; and reported 60 injury traffic accidents in 2004 compared to 88 in 2003. In the downtown area, the Police Department has had to staff foot patrols in the downtown area virtually every night of the week, which is an indication that the area has become more active during the week as well as the weekends.

"It remains busy on the weekends, in particular, but even now during the week it's busy, busy enough where we would never staff foot patrols down there at night we are now staffing them about six nights of the week," explained Lavin.

"We almost have to maintain a presence down there to kind of keep things under rein. People get intoxicated and start fighting, and if we weren't down there to stop it, we would see our misdemeanor batteries escalating into felony assaults with deadly weapons.

Someone could even go to the point of killing someone else just because they are in a drunken stupor and they're doing something really stupid. So really one of the real basic missions of the officers down there is to try and stop those disturbances from getting out of hand."

The number of police calls for service decreased this year from 32,241 to 30,215 while the number of disturbance calls rose from 3,025 to 4,201. The number of parking citations also increased from 46,800 to 51,137.