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Home My WebLink About12/23/97AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 23, 1997 - Council Chambers, City Hall Regular Session - 7:10 p.m. MAYOR 6—Sam Y. Edgerton MAYOR PRO TEM Robert Benz COUNCIL MEMBERS –'John Bowler ,‘5 -- Julie Oakes Reviczky CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, the Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council foyer. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL G PUBLIC HEARINGS - TO COMMENCE AT 7:10 P.M. 1. ORDINANCE EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF. Memorandum from Community Development Director Sol Blumenfeld dated December 11, 1997. RECOMMENDATION: Waive full reading and adopt ordinance. CITIZEN COMMENTS Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes. ADJOURNMENT Al • g,A /g/ i�� am' ,�_ e'71 A � � s -cam December 11, 1997 Honorable Mayor and Members Special Meeting of of the Hermosa Beach City Council December 23, 1997 SUBJECT: ORDINANCE EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF Recommendation: Waive the full reading and adopt the Ordinance. Background: • In response to public concern regarding the possible demolition of the Bijou Theater auditorium, the City Council previously adopted an Urgency Moratorium Ordinance, and subsequently extended it, to prohibit demolition of historic and architectural resources in the City. The status of the Bijou theater property has not changed and the Council still has significant concerns about the potential demolition and loss of the building. Analysis: Based upon City Council concern, staff is providing a one year Moratorium Ordinance extension for City Council consideration. The Ordinance will provide time for staff to complete an inventory of the City's historic resources and to prepare any new zoning regulations necessary for the preservation of historic and architecturally significant buildings in the City. This is the second and final extension of the Moratorium Ordinance. Sol Blumenf d, birector Community evelopment Department Concur: Stephen R. Bu City Manager ;\? Attachments: 1. Urgency Moratorium Ordinance and Exhibit A ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF HERMOSA BEACH) 0j) EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Moratorium extended. The moratorium established by Ordinance No. 96-1168U adopted on December 17, 1996 and extended by Ordinance No. 97-116U on January 28, 1997 is hereby extended pursuant to Government Code Section 65858 for a period of one year to December 16, 1998. Section 2. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Statement of Purpose and Urgency Findings. The City of Hermosa Beach continues to conduct studies relative to the identification of historically and architecturally significant resources within the City, and to the efficacy of protecting those resources by means of an historic preservation ordinance. In order to do so, it is in the process of engaging the services of consultants to assist in the identification and inventorying or historic resources, and preparing an appropriate historic preservation ordinance. Pending completion of such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing potential historic and architecturally significant resources not be altered or destroyed, which would defeat the very purpose of adopting a historic preservation ordinance; consequently, it is necessary that this ordinance take effect immediately. If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and that historic and architectural resources might be altered or demolished so as to undermine the very purpose of that ordinance. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Potential architecturally and historically significant resources have been identified by means of a survey, and those resources are listed in Exhibit A to Ordinance No. 97-116U. These structures are not necessarily the .2 only resources which may be identified, nor are the structures listed in Exhibit A necessarily ultimately going to be designated as resources. Nonetheless, the alteration or demolition of the structures listed in Exhibit A would constitute a threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is the second and final extension of an interim ordinance and shall expire one year after the adoption thereof. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. PASSED, APPROVED and ADOPTED this 23t day of December, 1997. MAYOR and PRESIDENT of the CITY COUNCIL Attest: Approved as to form: CITY CLERK CITY ATTORNEY Building Exhibit A Address Comments 1. Bank of America Building 2. Hermosa Hotel 3. Bijou Theater 90 Pier Ave. One of oldest commercial structures in downtown. 26 Pier Ave. The oldest building in downtown. 1229 Hermosa Ave. Oldest movie theater in City. • ALWAYS TRAVEL • PATRICK MALLOY' S • ALOHA SHARKEEZ • THE SEELEY COMPANY • CHAMPION CHEVROLET • MANHATTAN BEACH BAR & GRILL • RUSS BERRIE & CO. • FAT FACE FENNER' S FALLOON • HENNES SEY' S BAR & GRILL • DOWNTOWN BAKERY • PAISANO'S PIZZA • CLUB SUSHI • CANTINA REAL • HERMOSA BEACH WOMAN'S CLUB • HAWTHORNE SAVINGS BANK 41/� • BROWNING -FERRIS INDUSTRIES • CALIFORNIA STREET MAINTENANCE TIfIF\T Of RecOONWON J4lwags `Travel was an important participant in the 5th annual Teach Cities 'Coy 'Drive; and, wbeiRem., through the efforts of those involved in this went, thousands of togs were donated and distributed to needy children through local charities such as the 1Cenng !Nicholson 5oundcition, 2larbor Child Crisis Center, 1736 douse and fRichstone Center; NOW, The RefOR , ]C, Sam T. Edgerton, Jlayor of the City of 2iermosa Teach, do hereby issue this certificate of recognition commending (Always 'travel for their participation in the 5th annual Teach Cities .`Tog Drive. Dated: December 23,1997 Elaine Doer fling, City l lerk Honorable Mayor and Members of the City Council June 8, 1983 City Council Meeting'. of June 14, 1983 HERMOSA BEACH CITIZENS WHO DIED IN MILITARY SERVICE Councilmember Wood requested that we ascertain the names of Hermosa. Beach citizens who have died while serving in the United States military. Congressman Levine assisted us in obtaining the avail- able information from the National Archives and Records Service. Listed below are the vital statistics of such persons for the Korean Conflict and the Vietnam Conflict. No such lists by home town are available for the Spanish American War, World War I and World War II. To obtain names from those conflicts would require a manual search of thousands of pages of records. Should your Honorable Body wish this to be pursued, it is suggested that we solicit volunteers to perform the necessary readings. Perhaps this could be done through the American Legion, Rotary Club or Kiwanis; ;Club. Name Louis Brandt Moore, Jr. Timothy P. Guglielmoni Michael Ross McCann:: Danny Lee McMinn Rande Lee Nichols Anthony Steven Papalas Gerald Loyd Rowen II Ronald Lee Schuyler George Leonard Shook, J GTM/ld Rank Cpl. Pfc. Pfc. Cpl. Pfc. Pfc. _SP4 Pfc. Pfc. Country of Service :`Casualty Marines Korea Army S. Vietnam Army S. Vietnam Army S. Vietnam Army S. Vietnam Army S. Vietnam Army S. Vietnam Army S. Vietnam Marines S. Vietnam Date of Death 10/9/51 5/24/67 7/19/69 2/15/67 4/21/70. 7/10/67 12/26/67 10/31/68 9/22/65 13 k % r ) --...1 ----, , c'kc L---.&- L---- 'zr" b— c---. .( t villp ,, ••••,.., "cull.. 'F'!-.._ 16 I i 0 6 PO vL LEGISLATIVE RECORD CITY CLERK CITY OF HERMOSA BEACH SUBJECT Street Sweepin DATE BOOK PAGE 9/13/77 Petition re Sidewalk,Street Cleaning,Pier/HermoEa 21 3680 5/27/80 Clean-up of Walk Streets 23 4+383 9/23/80 Mr. Marvin Thompson came forward re concerns on Street cleaning stalls/clarification on Parking Permits/guest permits 23 4380 9/23/80 Street Sweeping on Beach Dr./Parking Enforcement as to parking on private property 23 4386 6/14/83 Report - Sani tati nn PgpP11fnr 1989—RR RR1F 24 5nR1 12/16/85 Award sowntown street cleaning Contract nt Specialty Maintenance 5915 LEGISLATIVE RECORD CITY CLERK CITY OF HERMOSA BEACH SUBJECT Street Sweeping DATE BOOK PAGE 7/22/75 Proposed 4 -hour zones, 5 -day week - discussion 21 3197 1/13/76 Authorize Preparation of Specs -New small street sweeper 21 3281 3/23/76 Small Street Sweeper -authorize publication of notice inviting bids on April 13, 1976. 21 3310 4/27/76 Award of bid -Small Street Sweeper to Tennant Co. 21 3343 7/27/76 Offers to Purchase Small City -Owned Street Sweeter - authorization to sell City's used Model 644 Wayne Power Sweeper to R.J. Lisou Co for $600 21 340G 9/28/76 Street Sweeping Schedule - revised 21 3455 1/25/77 Res. No. 77 -4103 -Street Cleaning Sweeping Schedule 21 3510 4/26/77 Authorize notice inviting bids -4 -wheel air sweeper 21 3577 6/14/77 Award of bid -street sweeper to Farron-Freeman 21 3608-9 7/26/77 Restricted parking - Street cleaning days 21 3652 8/23/77 Petition re Sidewalk & St Cleaning-Pier/HnrmoGa- • mi ui -r _fa.i tea- meati • a Of 9/33/77 a 69- STREET SWEEPING Restickable Square Stickers #3111 AVERY® RMo %94 C). 1907 1997 C.?), • 0 h. 1907 Oct 1997 V;C 1907 1997 to. 4Z- An\tiVeY'*.. r CITV OF H EPMOSA BEACH INTER -DEPARTMENT MEMO TO• Mayor and Members of the Council SUBJECT COUNCIL MEETINGS - MINUTES DATE- January 24 , 1983 FROM Charlotte Malone, City Clerk Dear Honorables: As the elected official responsible for providing a true and: accurate record of council meetings, I wish to make the following suggestions: 1. That you each prepare your motions' in. written/arnen:ded :form -prior to presentation, giving a copy to the Mayor and Clerk after presentation. Upon statement of the motion by the Chair (Mason's Rules of Legislative Procedure) the motion would not change. 2. That Mason's Rules be followed as to procedure (second, substitute, amendments, etc.) and that the Chair enforce the Rules. 3. That councilpersons wishing "to make inquiry" of staff do so prior to a council meeting. Please see HBMC Sec. 2-15 attached. 4. That you decide among yourselves a reasonable method for limiting debate. Possibly a "gag" rule, one minute per councilperson per item; one-half minute per councilperson for rebuttal per item. That a time certain be set for Public Hearings/Hearings.-and Muni Matters which might result in spirited and lengthy discussion. At the last. meeting, the following times were spent on *specific items: Item 5 - APPEAL-BZA THREE STORY HEIGHT LIMITATION 45:mins. Item 6 - CONDO CONVERSION AMENDMENTS 45 mins. ' This item has been before council five times. On 12-14-82, time spent was- - - -25 mins. Item 7 - Storer 15 mins. Items 10 & it -IN LIEU AND PARK AND RIDE 45 mins,. It is wasteful of money and staff time to continually have these marathon meetings. A highly qualified person hired to transcribe the minutes of 1=11-83 took 28 hours @ $10/hr to do so. Since she was unfamiliar with our procedure and the last meeting was particularly disorganized, it was necessary for me to spend 10 hours to bring the minutes .into conformity with the "facts Sometimes even careful hearing of the tapes does not make clear what happened, or that the "action" conformed to the rules. . This member of "staff" is exhausted for 2 or 3 days after a meeting unable to function efficiently at the very time when follow up on actions should be done. I urge you to give consideration to more orderly procedure and limitin of discussion/debate. Charlotte Malone, City Clerk June 1, 1995. Honorable Mayor and Members of City Council Meeting of the Hermosa Beach City Counci! June 27, 1995 REQUEST TO AMEND UTILITY USER TAX ORDINANCE TO INCLUDE INTERSTATE, INTERNATIONAL, AND CELLULAR TELEPHONE COMMUNICATIONS Recommendation: It is recommended that the City Council adopt the attached ordinance, amending Section 30-46, to include interstate, international, and cellular telecommunications services. Background: Currently, only intrastate (within the State) phone calls are subject to the utility users tax (UUT). When the UUT was implemented in 1985, the ordinance was drafted using another city's ordinance as a guide. At the time, it was generally believed that interstate phone calls could not be taxed due to interstate commerce laws. A U.S. Supreme Court decision in 1989 clarified that interstate and international calls can be taxed . Analysis: The attached survey of thirty-seven (37) cities in the Los Angeles area indicates that overall, 65% of the cities apply the UUT to alt telephone services; 100% apply the tax to -intrastate calls; 81 % apply the tax to interstate; 84% apply the tax to international calls; and 65% apply the tax to the newer -technology, cellular phones. The interstate commerce issue previously created a loophole. At this time, however there is no legal reason that other telecommunication services should be exempt. From an equity standpoint, all telecommunication services could be taxed the same, unless there is a specific reason to exclude them. The UUT revenue estimate for 1995-96 has been increased by $50,000, $30,000 to the General Fund, $20,000 to the 4% UUT Fund (the 60/40 split between funds). The actual impact of the change is difficult to estimate since cities who have the tax have no way of attributing tax collections to international calls, interstate calls, etc.. The collecting companies send a check for the tax due, with no breakdown of information. Culver City and Torrance both estimate the increase in telephone tax to be about 25%, however, their international business would undoubtedly be higher than in Hermosa Beach. UUTITEM/C/Ikks JUNE 13, 1995 Our two largest long distance carriers, ATT and Sprint, each estimate an additional $40,000 - $50,000 in revenue from their company, but caution that the estimate is based on similar cities and does not reflect actual usage in Hermosa Beach. With no actual data upon which to base the estimate, a conservative estimate of $50,000 seems a good approach. Sections 2 and 4 of the ordinance simply add the words interstate, international, and cellular language to each section. Section 2 is being amended to correct an incorrect code citation in the previous ordinance. The ordinance is drafted to take effect immediately upon adoption since it relates to taxes, however, practically speaking, it will take effect as soon as the telephone companies can implement it, probably in August. Respectfully submitted: aicaotz. Viki Copeland, Stephe'h F . Burrell, City Manager NOTED: Finance Director UUTITEM/C/Vc .JUNE 13, 1995 2 3 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VL UTILITIES TAX, SECTION 30-46, RELATIN TO TELEPHONE TAX. WHEREAS, the City has conducted a review of the utility user tax relating to telephone charges; WHEREAS, the City's utility user tax relating to telephone charges currently is applied only to intrastate calls; WHEREAS, there is no limitation on applying the tax to interstate telephone calls; WHEREAS, a review of thirty-seven (37) cities reflect that at least 81 % of the cities reviewed currently apply the utility user tax on interstate, intrastate, and international telephone communication services. In addition, 65% apply the tax on cellular telephone communications when the owner or lessee of the telephone has a billing address within the City; WHEREAS, the City will increase revenues by subjecting interstate, international, and cellular telephone communications to the City's utility user tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-44 is hereby amended to add the following definition: - uTelephone Communication Services" shall mean services which provide access to a telephone system and the privilege of telephone communication with substantially allpersons having telephone stations which are part of such telephone system: The term "telephone communication services" includes digital and cellular telephone service, when the owner or lessee of the telephone has a billing address in the City, but does not include other forms of land mobile UUTORD/CflAt 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 service or maritime mobile services as defined in Section 2.1 of Title 47 of the code of Federal Regulations." SECTION 2. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (a), relating to Telephone Tax is hereby amended to read "There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate, interstate, or international telephone communication services in the City. The tax imposed by this section shall be at the rate of ten (10%) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 3. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (c), relating to Telephone Tax is hereby amended to read; "Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code or the tax imposed under Title 26, Section 4251 of the United States Code." SECTION 4. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (d), relating to Telephone Tax is hereby amended to read; "The tax imposed by this section shall be collected from the service user by the person providing or receiving payment for the telecommunication -services. The amount of the tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or the amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or at the option of the person required to collect and remit the tax, an estimated amount of tax collected, measured by the tax bill in the previous month, shall be remitted to the tax administrator on or before the last day of each month." UUTORD/C&Os Page 2 1 3 4 10 11 12 13 14 15 16 17 18. 19 20 21 24 25 26 27 SECTION 6. Several)!Illy. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason is held to be invalid, such invalidity shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Hermosa Beach hereby declares that it would have passed each section, subsection, subdivision paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Effective Date This ordinance relates to taxes for the usual and current expenses of the City and, pursuant to Government Code Section 36937, shall take effect immediately. PASSED, APPROVED and ADOPTED this 27th day of June, 1995. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM CITY ATTORNEY ////l /m. r/ UUTORD/Clitta Page 3 UTILITY USER TAX SURVEY 2. Arcadia 5% Not specific Y 4. Burbank 7% Not specific Y 6. Compton 10% Not specific Y 8. Culver City 11% Not specific Y 10. El Monte 7% Not specific Y 12. Gardena 4% Not specific 14. Hawthorne .......................... :s eel 10% I Not specific Y 16. Hidden Hills 10% Gen. Oper. Y Y 18. Irwindale 7.5% ' Gen. Oper. Y N N N UUTSURVY/clue AS OF 5/30/95 UTILITY USER TAX SURVEY 20. Los Angeles 22. Malibu 5% Gen. Oper. Y 24. Monterey Park 5% Comm 3.5% Res. Gen. Oper. Y 26. Paramount 3% Gen. Oper. Y 28. Pomona 10% Gen. Oper. Res. 12% Comm Y 30. Redondo Beach 4.75% Gen. Oper. Y 32. Santa Monica 10% Gen. Oper. Y 34. Seal Beach UUTSURW/C/1`As 11% Gen. Oper. Y ASOF5/30/95 UTILITY USER TAX SURVEY Telephone Legend (1) Intrastate (2) Interstate (3) International (4) Cellular UUTSURVY/C/Imes AS QF 5/30/95 ITEM #5 REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE. This item was continued from meeting of March 25, 1997 TO REVIEW STAFF REPORT, PLEASE REFER TO ITEM #11 IN THE AGENDA PACKET OF MARCH 25, 1997. STAFF REPORT ALSO AVAILABLE FOR REVIEW IN THE CITY MANAGER'S OFFICE AND CITY CLERK'S OFFICE. PRODUCTS COMPANY April 1, 1997 City of Hermosa Beach Councilmember J. R. Reviczky 600 Ardmore Avenue Hermosa Beach, CA 90254 CUP 96-15 UNOCAL SERVICE STATION NO. 1840 755 PIER STREET HERMOSA BEACH, CALIFORNIA Dear Councilmember Reviczky: In anticipation of the April 8, 1997 City Council hearing to consider our request to issue a letter of .public convenience and necessity for the above project the following is provided. On March 4, 1997, the Planning Commission approved the construction of a FASTBREAK food mart and a PROWASH Express car wash and gasoline facilities at this gateway location in the City of Hermosa Beach. The parking lot of our business is sufficient in size to accommodate the parking needs of our FASTBREAK customers and will not tend to create parking concerns for the adjacent properties. The parking lot will be illuminated for security and will be continually monitored. Care will be exercised to ensure that such lighting does not adversely affect the nearby properties. We continue in our strong tradition of being a responsible retailer by complying with ABC laws and regulations, as well as, following the retail standards outlined in 25612.5 and 23790.5. The cashier's area will be situated in such a way so as to maximize observation capabilities of the cashier and other personnel within the store. Police patrols will have a clear and unobstructed view of the site from the street and can easily observe the interior of the store from the street as well. There will be an interior restroom available to our customers which will be monitored continually for safety and cleanliness. 555 Anton Blvd., Costa Mesa, California 92626 Mailing Address: P.O. Box 25376, Santa Ana, California 92799-5376 Telephone (7141 428-8051 A Unocal Company Councilmember Reviczky April 1, 1997 Page 2 Our site operator and employees will participate in and successfully complete a comprehensive training program which includes segments on safety and accident prevention, loitering deterrence, responsible tobacco retailing and alcohol awareness and effective merchandising. 76 Product Company's track record throughout the State of California is exemplary, and we do not anticipate any crime problems at this location due in part to the proactive approach 76 Products Company and Spirit Enterprises, Inc. takes to the operation of our FASTBREAK stores. Before selecting this location, 76 Products Company conducted marketing surveys to determine the viability of this use at this location. It was determined that this site will serve public convenience and necessity due, in part, to its location on two major thoroughfares, Pier Street and Pacific Coast Highway. Our marketing research indicates beer and wine will constitute a small portion of overall sales. However, we have found that customers expect to pump their gasoline and take advantage of the market to pick up small grocery items such as a carton of milk, loaf of bread or a soda. Our experience show that customers want to be able to satisfy most or all of their quick shopping needs while their motor vehicle is being fueled. If we do not meet the needs of our customers they will not return to our station. Realigning our services with the market conditions gives 76 Products Company the opportunity to reinvest in the community. There are no other off sale sites in the vicinity that have developed a program to regulate their own sale of beer and wine as 76 Products Company has. We have established these guidelines for the operation based on our operational experience, community concern and law enforcement recommendations. Spirit Enterprises, Inc. has incorporated a number of conditions in the procedures proposed for this location that will reduce the opportunity of our business interfering with the quiet enjoyment of the nearby residents. These conditions include restrictions on hours of sale, no magnum beers, fortified malt liquors or wines will be permitted, no coin operated amusement devices or video games and loitering and littering will be strictly prohibited. 76 Products Company welcomes the opportunity to meet the demand of the motoring public by providing the convenience of state of the art fueling and market facilities offering a full array of products. Councilmember Reviczky April 1, 1997 Page 3 76 Products Company has expended great time and effort assembling a team of experts including architects, engineers, security consultants, management and training programs and traffic consultants to design a facility which will assure that no negative contribution to crime statistics will occur. Public convenience and necessity will be served in the City of Hermosa Beach by providing its citizens with an attractive, clean,'well lit, safe, continually monitored state of the art facility and a responsible retailer who meets and fulfills both the motoring fuel requirements and grocery needs of its customers. Thank you for this opportunity to share this information with you. I will be glad to speak with you should you require any additional information prior to next week's hearing. I look forward to speaking with you in the very near future. MEA/bmf cc: City of Hermosa Beach Mr. Stephen Burrell City Manager 1315 Valley Drive Hermosa Beach, CA 90254-3885 Sin 'erely, ree Elana Arenas James Lissner 2715 El Oeste Hermosa Beach, California 90254 (310) 376-4626 March 25, 1997 Hermosa Beach City Council City Hall 1315 Valley Drive Hermosa Beach, California 90254 Re: Meeting of March 25, item 11, Unocal Councilmembers: You are being asked to make a determination of "Public Convenience or Necessity". Did you know that that phrase is undefined - that the ABC Code (Business and Professions Code Section 23000 et seq.) contains NO definition at all? How are you going to find Public Convenience or Necessity when no one knows what it is? Is one more convenience store on Pier Avenue where we already have Roberts', Abe's, Altadena and Simpson's down the street and Sav-On and Von's on the same block, Public Convenience or Necessity? Is it one more convenience store on PCH where we already have Coast, 7-11, Thrifty Oil, Ralph's, Manhattan Liquors, and Lucky? Is Public Convenience or Necessity met when the applicant's project will simply duplicate services provided one block away (at Thrifty Oil)? Is it Public Convenience or Necessity when you know that the last time you checked (decoy operation of July 1994), small liquor outlets such as the one proposed here were more likely than not to sell liquor to teenagers (such as the children four of you are raising)? Is it Public Convenience or Necessity when you know that gas stations get robbed a lot, that in fact both nearby stations were robbed in 1996 (see attached official printout of 1996 robberies), and that in general the project's block has such a disturbing number of robberies and carjackings that full-time private security is on patrol? Is it Public Convenience or Necessity when you know that assaultive violence occurs in proportion to liquor outlets (the Scribner report), that in our town it occurs near those outlets (see attached 1995 and 1996 maps), and that we already have an.'existing cluster of outlets and violence at PCH/Pier? Is it Public Convenience or Necessity when you know that the government's efforts to prevent robberies, carjackings, and assaults at new liquor outlets and parking lots costs more than the tiny marginal increase in income we have seen as we have added more liquor outlets to those dividing up the pie? So what is Public Convenience? In the absence of an official definition, I define Public Convenience not simply as a project that will be convenient, but one that will make a significant improvement in the convenience of availability of a service. This project does not meet that definition. While the proposed project will provide a service, and will undoubtedly have many satisfied customers, its services are simply duplicative of services in the immediate neighborhood and offer no improvement in the availability of them. Gas and snacks are available in one quick stop at the Mobil and the Thrifty Oil just down the street. The Thrifty Oil has liquor, too. I have bought gas at the Thrifty Oil many times and never have had to wait more than a minute to be served. How can the proposed project improve upon that convenience? And what is Public Necessity? Is this project Necessary? Is having an additional outlet for gas, snacks, and liquor necessary? I submit that when a project is only one of many providers of a necessity, and is likely to consume more city services than it will bring in increased taxes, it is not necessary. You may not agree with the above. So, I hope you will go on record as to what you think Public Convenience or Necessity is. Sincerely, Attachments: 1996 robberies: HBPD official printout 1995, 1996 assaults: Maps of geog. distribution #kkkkkkkkkkkkkkkkkk*k*kkk#k**kkk**********#kkkkkkkkkkkkkkkkkkkkkkk*****kkki****kltkkkk#kkkkkkkkkk*kkk**kkkkk****************ikAAAA kkkkkkkkkkkk*kkk*kkk*kkk*k*kkk**Akkkkkkkkk*kkkkkkkkkkkkkk#kk*kkk**kkkkkkkkkkkk*kkkkkkkAidak*kkkkk#kkkkk*kkkkkkkkkkkk*kkkkkkkkkkkk M M III L L EEEEE RRRR MM MMILLERR MMM I I. L E •R R MMIL L EEEE RRRR MKIL L E RI MMIL L E RR M H III LLLLL LLLLL EEEEE R R H H BBBB EEEEE HHBBE HHBBE. HHHHH BBBB EEEE HHBBE HHBBE H H BBBB EEEEE kkkkkkkkk*kkkkkkkkkkkkAidoWkkkkkkkkkkk*kkk*kk*kkkk**kkkkk*kkkkkkkkkkkkkkkkkkkk*kkkkkkk*kkkkkkk*kkk*kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. L III SSE TIM CCC RRRR III M M EEEEE RRRR EEEEE CCC 000 RRRR DDDD SSS L ISST C C R R I MM HM E .R R .E CCOORRDDSS L 1 S T C RI I MMM E BRE C OORRDDS L I_ S t C RRRR I H M EEEE RRRR EEEE C 0 0 RRRR D D S L 1 5 T C RR IHRE RR E C 0 O RR D D S L I S S I CCRRI M M E RRE C C D O R R B D S S LLLLL III SSE T CCC R R III M M EEEEE R R EEEEE CCC 000 R R DDDD SSS ( BBBB M M ) ( B B M8 MK ) ( B B MMM ) ( BBBB M Mi ) ( B B M M ) ( B B M II ) ( BBBB M M ) kkkkkkkkkkkkkk***k*kkk*kkkkkkkkkkkkkk*kkkkkkkkkkkkkkkkkkkkkkkkkkkkkk*kkk*kkkWAAAkkkkkkkkkkkkkkkkkkkkkkkk*kkkkkkkkkkkkkkkkk*kkkkk; OPTION: LISCRI PROGRAM: RECLISCRI SPEC: RECLISCRI :"1:11141__ REOUESTED BY: MILLER ON: TXAI AT: 03-Fe�-' ;-i :22 PH PARAMETERS: 1-Y 3- 4 - 030000 5 - 031470 G- 7- A- 9 - )O - 11 - 010196 12 - 12319G TIME Rf:PORT STARTED RUNNING IS 03 -Feb -97 / 12:25 PM Q )71 .44ss cAritAt fjpe?'" p,4/ 9 7 DO HOT DETACH FROM REPORT kkkkkkk*kkk*kkkkkkkk*kkkkkkkkkkkk*kkkkkkkkkkkkk*kkkkkkk*kkkkkkkkkk*********kkk*kkk*kkkkkkkkkkkkk*kkk*kkk****kkk**k***kkkkkkkkkkkk kkkkkkkkkkkkkkkkkkkkkkkkkkk#kkkkk#kkkkkkk*kkk#kkkkk**kkk#*kkkkkkkk*kkkkkkkk*k*k#kk**kkkkkkk**dc**kkkkkkkk**kkkkk#kkkkkkkkkk RECLISCRI (BM) CRIME RECORDS BY NATIONAL CODE FROM 030000 TO 031470 (DATE FROM 01/01196 TO 12/31/96) REPORTING NATCOD DESCRIPTION CASE NO. RD DEICER NAME CLERK TY SECTION AS OF 03 -Feb -97 12:23 PM PAGE 1 OCCURRENCE CLOSE DESCRIPTION DATE TIME DOW OFICER STAT 030110 ROB GUN HWY 96-000633 2 HB0119 JAAKOLA LANCE HBC081 PC 211 LOCATION: HERMOSA AV. /30TH ST. , NB 030110 ROB GUN HWY 96-001316 2 HB0038 CRAY TOM HBP073 PC 211 LOCATION: 429 31ST ST., HB 030110 ROB GUN HWY 96-001317 2 HB0038 CRAY TOM HBP073 PC 211 LOCATION: 429 315T ST., HB 0301I0 ROB GUN HWY 96-003754 1 HB014G MCCOLGAN, LAN RC001 PC 211 LOCATION: HERMOSA AV. /4TH ST. , HB 030120 ROB GUN COM 96-000320 3 HB0102 TUREK TIM LOCATION: 1160 AVIATION BL., HB HBP075 PC 211 030120 ROB GUN COM 96-002680 3 HB0122 BOHACIK DAVID HBP073 PC 211 LOCATION: 2200 PCH, HB 030120 ROB GUN COM 96-004032 3 HB0143 LOCATION: 1025 PACIFIC COAST HY., HB 030120 ROB GUN COM 96-004248 3 HB0099 LOCATION: 901 AVIATION BL., HB 030130 ROB GUN GAS 96-000263 3 HB0121 LOCATION: 1131 PACIFIC COAST HY., HB 030130 ROB GUN GAS 96-001785 3 HB0119 LOCATION: 931 PACIFIC COAST NY., NB 030150 ROB GUN RES 96-003048 LOCATION: 327 6TH ST., NB 030170 ROB GUN MIS 96-004333 3.HB0100 MITCHELL KIM HBP075 PC 215 LOCATION: 709 PIER AV., NB 030170 ROB GUN MIS 96-004336 3 HB0114 RICKEY DAVID HBP075 PC 215 LOCATION: 709 PIER AV., HB RAMIREZ, JAIM HBP070 PC 211 WOLCOTT PAUL HBPTO3 L VINCENT WILLI HBC081 PC 211 enact F-tlf 01 I--- JAAKOLA LANCE HBC081 PC 211 Mo61t 1 HB0141 CHARLES BILL HBP070 PC 211 • 030220 ROB NIF COM 96-002339 2 HB0142 AVERILL, KEVI HBP073 PC 211 LOCATION: 3201 MANHATTAN AV., NB 030360 ROB 0tH BNK 96-002379 1 HB0142 AVERILL, KEVI HBP075 PC 211 LOCATION: 90 PIER AV., HB 030410 ROB S/A HWY 96-000545 3 HB0071 BOHLIN TOM HBC081 PC 211 LOCATION: 1107 PCH, HB 030410 ROB S/A HWY 96-000809 3 HB0065 KOEBSELL JOHN RC001 PC 211 LOCATION: PCH /21ST St. , HB 030410 ROB S/A HWY 96-000985 3 H80102 TUREK TIM HBC078 PC 211 LOCATION: 916 AVIATION BL., HB ATTEMPT ROBB 02/28/96 2047 WED DESCRIPTION: ROBBERY 04/26/96 1630 ERI HB0109 S DESCRIPTION: ROBBERY 04/26/96 1640 FRI H00109 S DESCRIPTION: ATTEMPT ONLY ROBBERY . 11/08/96 1930 FRI DESCRIPTION: SEE RPT 96-3755 ROBBERY 02/02/96 FRI DESCRIPTION: ROBBERY OB/07/96 0830 WED H00121 S DESCRIPTION: ROBBERY 12/06/96 FRI DESCRIPTION: ROBBERY 12/24/96 0743 TUE DESCRIPTION: ROBBERY 01/27/96 2200 SAT DESCRIPTION: ROBBERY OG/04/96 0519 TUE DESCRIPTION: ROBBERY 09/07/96 SAT DESCRIPTION: — .. CARJACKING 12/30/96 TION: CARJACKING ., 12/30/96 DESCRI'.TION: ROBBERY 07/12/96 DESCRIPTION: ROBBERY 07/15/96 DESCRIPTION: S MON MON FRI HB0109 S MON ROBBERY 02/19/96 2000 MON DESCRIPTION: S ROBBERY 03/02/96 1300 SAT DESCRIPTION: COURTESY REPORT/MTA ROBBERY 03/30/96 SAT NB012G J DESCRIPTION: RECLISCRI (BM) CRIME RECORDS BY NATIONAL CODE FROM 030000 TO 031470 (DATE FROM 01/01/96 TO 12/31/96) REPORTING NATCOD DESCRIPTION CASE NO. RD OFICER NAME CLERK TY SECTION AS OF 03 -Feb -97 12:23 PH PAGE 2 OCCURRENCE CLOSE DESCRIPTION DATE TIME DOW OFICER STAI 030410 ROB S/A HWY 96-002928 1 HB0143 RAMIREZ, JAIM HBP073 PC 211 LOCATION: 1300 BEACH DR., HB 030410 ROB S/A HWY 96-003377 2 HB0078 THOMPSON TOM HBP073 PC 211 LOCATION: 0 13TH ST., HB 030410 ROB S/A HWY 96-003749 2 HB0144 STRATIS, NICH HBC080 PC 211 LOCATION: HERMOSA AV. /181H ST 030450 ROB S/A RES 96-004331 2 HB0100 MITCHELL KIM LOCATION: 2410 MANHATTAN AV., HB 030470 ROB S/A MIS 96-003014 1 HB0141 CHARLES BILL LOCATION: THE STRAND /11TH ST. , HB 030470 ROB S/A MIS 96-004124 1 HB0102 TUREK TIM LOCATION: 2 2ND ST:, KB 031110 A/ROB GUN HW! 96-001342 2 HB0114 RICKEY DAVID HBC081 PC 211 LOCATION: MONTEREY BL. /PARK AV. , HB 031410 A/ROB S/A HWY 96-002870 2 HB0144 STRATIS, NICH HBP070 PC 664/211 LOCATION: 157 PIER AV., KB HBP075 PC 211 HBP073 PC •211 HBP075 PC 211 ROBBERY 08/29/96 1244 THU HB0126 S DESCRIPTION: ROBBERY 10/04/96 2150 FRI HB0126 S DESCRIPTION: LOT 8 ROBBERY 11/07/96 2100 THU DESCRIPTION: ' ROBBERY 12/30/96 1800 MON DESCRIPTION: ROBBERY 09/03/96 2338 TUE HB0140 S DESCRIPTION: 26 CRIME RECORDS PRINTED ROBBERY 12/15/96 0229 SUN' DESCRIPTION: ATTMPT ROBBRY 04/28/96 0100 SUN DESCRIPTION: ATTEMPT ONLY ROB- 08/24/96 SAT DESCRIPTION: ASSAULTS - 1995 GEOGRAPHIC DISTRIBUTION BOUNDAiIY PI. LONGFELLOW PROVIDED BY: CITIZENS TO SAVE HERMOSA BEACH (310) 376-4626 ARTESIA4— -BLVD IS ' SZ 8.3'F\ oki 320:10 HERMOSA BEACH MUNICIPAL $ MUNICIPAL PIER 89 59 ?9- - '91 N The numbers shown in the dots on this map refer to Key Numbers we have added to the Hermosa Beach Police Department print-out entitled "Listing of Crime Records by National Code," codes 040000 to 040502, February 7, 1996, copy attached. G - 0 c - ., � y- 0 `o SA •T Z LG )t,..• • 5 1 r‘•-•. -'L/ 9 Lissner, 4-1-' 5, • C.• • • AOUNOA�iY PI•— LONGFELIOW ,AVE *I e 3OT O_� W 25TH • MA ITA O PORTER If�_ 24TH • 4H 9 o4 t IotN _ HERMOSA BEACH • MUNICIPAL -PIER • 6 La 4'0 ‘44, The numbers shown in the dots on this map refer to Key Numbers we have added to the Hermosa Beach Police Department print-out entitled "Listin ASSAULTS - 1996 GEOGRAPHIC DISTRIBUTION PROVIDED BY: CITIZENS TO SAVE HERMOSA BEACH (310) 376-4626 `ARTEStA-1— --BLVD to 201" 91 04. G IN� t • Wyk 5 ‘141Y1 z 1, feill —Cy qZ. T( J.R r f • ..gtt 1 TItk v %4 . • %_. �9 ! 5t of Crime Records by National Code." codes 040000 to 040502 I) its SI Lissner.