MINUTES OF THE PLANNING COMMISSION MEETING OF THE

CITY OF HERMOSA BEACH HELD ON JUNE 17, 1997,

AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS

Meeting called to order at 7:18 p.m. by Chmn. Tucker.

Pledge of allegiance led by Comm. Schwartz.

ROLL CALL

Present: Comms. Merl, Perrotti, Pizer, Schwartz,

Chmn. Tucker.

Absent: None.

Also present: Sol Blumenfeld, Community Development Director

Michael Schubach, City Planner,

Deborah Salas, Recording Secretary

CONSENT CALENDAR

MOTION by Comm. Merl, Seconded by Comm. Perrotti, to APPROVE the May 20, 1997 Minutes with the following changes: Item 4G reads section one, amend section 17.26.050B as follows, and it should read "by amending section one instead of section 2." Item 4F, page 2, number 3, should read "there shall be complete compliance with Section 503 location on property." It should read of the 1994 Building Code. Item 4B, the wording for page 2, number 9, should read, "a hold harmless agreement shall be submitted in a form satisfactory to the City Attorney, holding the city not liable for the failure of the sump pump."

AYES: Commissions Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

ORAL/WRITTEN COMMUNICATIONS - None

PUBLIC HEARINGS

14. CUP 97-4 -- AMORTIZED CONDITIONAL USE PERMIT FOR AN EXISTING MISCELLANEOUS REPAIR SHOP, AND AUTO STORAGE AT 322 ARDMORE AVENUE. (CONTINUED FROM 5-20-97 MEETING.)

Staff Recommended Action: To continue to July 15, 1997 meeting.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz to CONTINUE Item 14 to the next meeting.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

7. CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING PARCEL MAP FOR A TWO-UNIT CONDOMINIUM AT 905 15TH STREET.

Staff recommended action: To approve said request.

Mr. Schubach said Staff is recommending that we approve this project. Previous projects that were approved were required to setback to the distance that the other neighboring development has and so in that case we made them go back further and in this case we feel that to be consistent we need to do the same and so our condition reads the additional and unique condition that will be in the resolution is that the front yard setback be maintained at the 17-foot point.

Chmn. Tucker opened the public hearing at 7:25 p.m.

Elizabeth Srour, 1001 6th St., Manhattan Beach, said what they would like to propose is a 12-foot setback at the upper levels, and the reason for that is, as the project has been designed right now, there are two separate buildings with a very nice separation between the buildings, which is beneficial to the properties on each side, especially the property to the east. She pointed out that the lot coverage for this project is only 56 percent, and although there wasn't time to check the plans for projects that were approved back in the early 90's, they are much larger buildings and suspects that the lot coverage is closer to the 65 percent that is permitted for this area. There's a view corridor for the property to the east. It's very much in keeping with the setbacks on the street. The Staff has pointed out the exterior stairs and Applicant is willing to remove the exterior stairs.

Jill Wheeler, 950 15th Pl., expressed her concerns with the development around the neighborhood notify that she lives on a quiet street with mainly families, dogs and small children and now there are too many people.

Nero, 915 18th St., agreed with Mrs. Wheeler. Expressed concern about how many additional cars and how many parking spaces are they providing for these additional condominiums.

Tom Wheeler, 950 15th Pl., also opposed the condo project and specifically agreeing with the parking problem..

Rebuttal

Elizabeth Srour, stated that the City of Hermosa Beach has acted responsibly by putting a cap on development in this neighborhood. This is an R-2B neighborhood and not very long ago you could develop three units on this same lot but now, because of the zone change, the city has put a cap at two units and one of the reasons is it does abut R-1, and those lots are quite small. They are only 82 feet deep, and the city has limited the development on those lots. She hoped that the Commissioners would consider the request before them and the suggestions that they made with regard to the design changes.

No one else wished to speak, and Chairman Tucker closed the public hearing at 7:49 p.m.

Discussion

Following comments by Comm. Schwartz, Comm. Pizer agreed that whether there is one unit instead of two units is provided by the zoning, but the Planning Commission does have jurisdiction as to the character of the structure that goes there and how it conforms to the lot and so forth and should try to be responsive to the community by staying with the Staff recommendation. Comm. Perrotti commented that grounds for denial are limited and are spelled out in detail in the city ordinance and zoning code; therefore, he didn't think there were grounds for denial. He also hoped that the Eucalyptus tree could be retained. Chmn. Tucker commented that the property is zoned R-2B, which means basically the size of the property dictates the size of the units that can be put there. Director Blumenfeld said staff would bring back the resolution for the Commission's consideration at the next meeting, containing all the changes.

MOTION by Comm. Schwartz to APPROVE the development subject to a front setback of 17 feet to the removal of the staircases at the back of the two units, and the agreement to try to work with Staff to leave the eucalyptus tree at the back if at all possible, and for staff to review the final plans once they've been revised to meet our conditions for the 17-foot setback. MOTION was seconded by Comm. Pizer to include the chimney volume also.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker said as with all actions by this Commission they are appealable to the City Council within 10 days.

8. CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP FOR A TWO-UNIT CONDOMINIUM AT 925 17TH ST.

Staff Recommended Action: To approve said request.

Mr. Schubach said this condominium meets all the current code requirements. He stated that the two concerns other than the height is the full bath at the lower level and also the wet bar. In those cases we've asked for the three quarter bath which is consistent with our policy for other units that we have approved, and we ask that the wet bar be prohibited.

Chmn. Tucker opened the public hearing at 7:51 p.m.

Elizabeth Srour, 1001 6th St., Manhattan Beach, representing Craig Casner. The plans before you do comply with all of the development standards. She stated that the full bath will be changed to a three-quarter bath. With regard to the wet bar, the conditions as outlined by Staff have been recommended on other projects and they would accept that limitation. The project provides all the parking required. It does exceed the code with regard to open space and so forth. It does comply with the height standard. For the most part it will be less than the 30 feet. It's just at the one corner at the front where it does come close to the height plain. Regarding a question by Chmn. Tucker, relating to making entrance to the garage easier, she said they could work with Staff in that regard with perhaps a little landscape there.

Nero, 915 18th St., is concerned with the parking that was being provided for this condominium and asked if there was anything that could be done about it.

Virginia Cook, Norwalk, son residing at 920 17th St., stated the Planning Commission and the builders are lowering the value of properties by building properties that block the view to the ocean of properties built previously. She commented that condominiums probably provide better tax revenue for the city. She said she would like to see a reduction in the congestion on 17th Street.

Tom Wheeler, 950 15th Pl., stated he didn't think that these condominiums and the word "charm" could be used in the same sentence.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 8:00 p.m.

Discussion

Comm. Pizer said that because the applicant has agreed to modify their plans, he didn't think they had grounds for denial. Commissioner Merl stated this is a project that not only meets our requirements but actually exceeds them. Comm. Schwartz commented that for a two-unit development that is attached it's nicely done and felt it's a good-looking addition. Commissioner Pizer said it meets ordinances and the code, and there's very little the Commission could do to prevent it. Chmn. Tucker said as far as the zoning R-2B, again if this was a larger piece of property, it could have maybe three units, maybe even four.

MOTION by Comm. Pizer, second by Comm. Merl to APPROVE the resolution, modifying the language of paragraph 1A of the resolution, where it says the wet bar shall be eliminated, to include the language concerning the 24-cubic-foot storage space and the six-foot counter space. Also concerning the Chmn. Tucker's remarks regarding the modification of the chimneys, reducing the square footage of the chimneys and modifying or attempting to modify the corner of the front condo to allow better access to the driveway and substitute the window for the double door on the first floor.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker said all actions are appealable within 10 working days.

9. CONDITIONAL USE PERMIT AND PARKING PLAN MINOR AMENDMENT TO ELIMINATE A CONDITION REQUIRING LEASED PARKING FOR A RESTAURANT AT 1320 HERMOSA AVENUE.

Staff Recommended Action: To approve subject to conditions in attached resolution.

Director Blumenfeld said the Planning Commission approved this project originally as the Eco-Cafe with a C.U.P. and a parking plan. At that time the Commission approved provision for 28 on-site spaces for a bicycle rack to accommodate 28 bicycles, two on-site parking spaces, and 10 adjacent off-site leased parking spaces. These were all parts of the Conditions of Approval that run with the land for the original restaurant on the site, and based on these findings, the Coastal Commission waived the requirement for a hearing and basically approved the City's recommendation and, in particular, approved the requirement for the location of some off-site parking. At this time the applicant is requesting to eliminate the C.U.P. condition for 10 off-site spaces. There are three options that Staff has outlined to try to deal with this condition. The Coastal Commission has indicated that if there is a reasonable solution brought up, that the Commission would favorably consider it.

Chairman Tucker opened the public hearing at 8:20 p.m.

Dan Tarantine, owner of the Tucci's at 1320 Hermosa Avenue, said he inherited this problem. He stated that what they've had to do for their employees is park them in Redondo Beach on the streets and then they shuttle them in so that we have some parking so we can operate.

After discussion with Commission members, Mr. Tarantine said he was for the mandatory participation in the employee shuttle program. He said the business is for sale and this is all contingent upon the resolution of this situation.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 8:30 p.m.

MOTION by Comm. Perrotti to DIRECT Staff to verify the square footage and that the applicant participate in the Employee Shuttle Program and verify how many parking spaces are actually needed after the verification of the square footage is complete. Comm. Merl CONTINUED the motion that Staff will VERIFY the square footage and whatever deficit will be dealt with by mandatory participation in the Employee Shuttle Program and, if there is additional deficit, that will be addressed and temporary removal of usable space. Comm. Perrotti seconded the motion. Comm. Merl made a modification that if there is still outstanding space that it would be dealt with either by a reduction in usable space or participation in the lease option. Comm. Perrotti seconded the modification.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker said that, as in all items, it is appealable to the City Council within 10 days.

10. CONDITIONAL USE PERMIT TO ALLOW LIFE ENTERTAINMENT AND ON SALE GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT AT 73 PIER AVENUE.

Staff Recommended Action: To approve said request.

Mr. Schubach said the applicant is requesting full alcohol, as well as a small entertainment stage, which is only a few square feet in size and that the applicant would like to provide music and singing including single or a duo acts. Staff has added the typical conditions to control any noise problems that might result from approval of the project, noting that proposed CUP will not intensify the use of the property relative to noise or congestion.

Chmn. Tucker opened the public hearing at 8:38 p.m.

Michael Zislis, 4 Dobbin lane, Rolling Hills Estates, owner of Brewski's Restaurant, said he agrees with all the Staff recommendations that they've put forward. After discussion with members of the Commission as to why alcohol was required, Mr. Zislis stated their intent was to open a Martini bar. Chmn. Tucker commented that the hours of entertainment have been pretty much standardized.

No one wished to speak, and Chmn. Tucker closed the public hearing at 8:43 p.m.

Discussion

Comm. Perrotti said on the resolution, paragraph 9, that maybe the word "amplified" should be removed and just "live entertainment" put in. Chairman Tucker commented on the acoustics.

MOTION by Comm. Perrotti, seconded by Comm. Pizer to APPROVE the resolution as proposed with the modification of removing the word "amplified" from paragraph 9.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chairman Tucker stated that all items are appealable to the City Council within 10 days.

11. VARIANCE TO FRONT AND REAR YARD REQUIREMENTS, LOT COVERAGE AND TO ALLOW THREE STORIES FOR A REMODEL AND EXPANSION TO AN EXISTING TWO STORY, NONCONFORMING SINGLE FAMILY RESIDENCE AT 1635 PALM DRIVE.

Staff Recommended Action: To approve except for rear yard setback variance.

Director Blumenfeld said the applicant is requesting a Variance for the front and rear yards and open space and lot coverage and to allow three stories as part of the remodel and expansion for this existing-two story nonconforming single family residence. As detailed in the plans, the applicants are proposing to convert the building back into a single family home and remove the other nonconformities. In order to grant a Variance Commission must make four findings. Primarily that there are exceptional or extraordinarily circumstances that apply to this property that don't apply to the same property in the same vicinity and zone, that the Variance is consistent with the General Plan, that the granting of the Variance won't be materially detrimental to the neighborhood, and that it is necessary for the preservation and enjoyment of a substantial property right. Staff believes that because of the shallow lot depth of 37 feet, the applicants' request for a Variance is justified. Staff believes that the nonconformity of the stairs at the second level porch on the north side yard and the alley setback are not as severe as compared to the existing nonconformities, and therefore believes that there won't be a problem with respect to the other properties in the same vicinity and zone. Staff is recommending approval of the Variance with the exception of the rear yard request.

Chmn. Tucker opened the public hearing at 8:53 p.m.

Robert Tremain, 1021 North Sepulveda, Manhattan Beach, said they are trying to take a very rundown building and upgrade it. He said they are upgrading it to be something fairly typical of the beach community.

Steven Morrison, 720 Monterey, said they looked into destroying the house and starting over. In terms of the setbacks in the rear, the property is actually several feet higher than the property to the west of it.

Andrea Del Monica, 1634 Palm Drive, said this property will substantially decrease our living space, and it is going to decrease property value substantially.

Bob Rasmussen, 1636 Hermosa Avenue, expressed concern about the water pipe in the second terrace through the concrete. They can move the water pipe since the spiral staircase is probably in the area where it passes through the lot.

Rebuttal

Robert Tremain, pointed out that the height limit for the height of the building does comply with the height limit.

Chmn. Tucker closed the public hearing at 9:07 p.m.

Discussion

Comm. Perrotti made some calculations concerning the variance and the lot coverage. He said the maximum is 65 percent and the proposal is 69.7 percent which is a difference of 47 square feet. Chmn. Tucker commented on the porch on the north side, which is made out of metal. Director Blumenfeld said the staircase needs to have about a five-foot diameter and needs to conform to the Building Code if replaced.

MOTION by Comm. Merl, seconded by Comm. Perrotti, to APPROVE Staff recommendation plus reducing to three-quarter bath the guest room and add the condition for the fire window and eliminating the guest room exterior entrance.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz

NOES: Chmn. Tucker

ABSENT: None

ABSTAIN: None

A break was taken at 9:18 p.m.

The Planning Commission meeting reconvened at 9:28 p.m.

12. VARIANCE TO ALLOW EXISTING NONCONFORMING SIDE YARDS OF 0 FEET AND 2.2 FEET RATHER THAN REQUIRED THREE FEET TO BE MAINTAINED FOR A GREATER THAN 100 PERCENT REMODEL AND EXPANSION OF AN EXISTING SINGLE FAMILY RESIDENCE AND CONSIDERATION OF BUILDING HEIGHT AT 2429 MYRTLE AVENUE.

Staff recommended action: To approve 2.2' side yard, deny 0' side yard, and direct staff as deemed appropriate relative to establishing the base elevation for measuring project height at the flow line of the nearest public improvement (street).

Director Blumenfeld said there were three issues requiring resolution; a Variance request to maintain the 2.2' side yard, the base elevation for measuring building height at the flow line of the nearest public improvement and direction by minute order, on the proposed garage expansion, because it currently does not meet minimum interior depth requirements and it would have to be reconfigured slightly to meet the minimum requirements. Director Blumenfeld noted that four findings are required to grant the Variance; that there are exceptional at or extraordinary circumstances which effect the property that do not pertain to other properties in the same vicinity and zone and that to deny this request would deny the preservation and enjoyment of a property right. He noted that staff concurred with applicants' request, given the proposed remodel is reasonable in size. The project conforms to the basic zoning requirements but for a side yard Variance request, and is not unlike other similar Variances in the area. He further noted the code provides for various methods for determining grade based upon the corner point elevations. He indicated staffs recommendation approving the requested Variance to maintain the 2.2' side yard but denying maintaining the 0' side yard and requesting direction by minute order relative to the height issue and the proposed garage extension with respect to the minimum interior depth.

Chmn. Tucker opened the public hearing at 9:37 p.m.

Jim Berry, 2429 Myrtle Avenue, said their intention is to retain the best features of the existing house and to build a new addition, which they think will create a desirable house and improve the neighborhood. He said they have removed all the windows. Because there has been substantial erosion on the property, it is not possible to determine elevation with a survey. Drawings submitted to the city are based on height calculation using the nearest public improvement, the near edge of the sidewalk.

John Dunbabin, 2432 Myrtle Avenue, distributed some items to the Council. He said he is completely against the variance on the side yard and was upset with the adding of the four feet of dirt on the property. He said the original corner points are now covered up with four feet of dirt. He stated the Berrys should conform to the code, and the only true, fair, and equitable way to measure the property is to follow the Building Code.

Dan Valenzuela, 2424 Myrtle Avenue, said he authored the April 30th, 1997 document, which deals primarily with the height issue, and he said the primary problem with the Variances in this case is that it will result in a 135 percent addition when compared to the nonconforming structure. He said the Berrys indicate that their neighbor has an adverse possession of an easement right on the south side of their property of 2.2 feet and that for the past 70 years their neighbor has been using that as their driveway. Assuming that is correct, the neighbor could also have an adverse possession to title to that property. Under today's code, if he decided to develop that property, he could then build to almost within three feet of the Berry structure. One way to solve this problem is that the Berrys could buy eight inches of property from their neighbor but he isn't sure if that's feasible.

Bo Weber, 2848 Myrtle Avenue, said they basically need to have a three-foot setback. A large project such as this needs to conform to current zoning laws. The dirt issue has really confused the city on the height and how to figure the height. A geotechnical survey may be needed.

Kathy Dunbabin, 2432 Myrtle Avenue, suggested that perhaps if they could dig down and get the elevation from the concrete steps.

Jim Berry, 2429 Myrtle Avenue, said a geotechnical survey isn't appropriate or a previous survey of the property that indicates the height is not appropriate because of the erosion that's occurred on the property. A couple of houses on Myrtle will be developed a lot lower than the other ones which is unfair. Essentially the neighbors are trying to use their house as a precedent to unreasonably restrict the height of new houses built in front of their houses.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 10:02 p.m.

Discussion

Comm. Perrotti said the fireplace could be considered a substantial property right, and he agreed with Staff on the height issue. Chmn. Tucker agreed with Staff on their recommendation as to where the grade is. He said the applicant is willing to alleviate the side yard problem on the north side, and they should be granted the variance on the south side.

MOTION by Comm. Perrotti, seconded by Comm. Schwartz, that the nearest public improvement be used as grade.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

MOTION by Comm. Perrotti, seconded by Comm. Pizer, to ALLOW the variance for the south 2.2 feet deny the 0' sideyard Variance on the north and find that the garage is a functional part of the building and allow it at 17.6 feet.

AYES: Comms. Perrotti, Pizer, Chmn. Tucker

NOES: Comms. Schwartz, Merl

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated that these decisions are appealable to the City Council within 10 days.

13. TEXT AMENDMENT TO ADD MASSAGE THERAPY AS CONDITIONAL PERMITTED USE IN THE C-2 AND C-3 ZONES.

Staff Recommended Action: To recommend City Council approval.

Director Blumenfeld stated that at the previous Commission meeting the Commission recommended proceeding with the text amendment to consider adding massage therapy as a conditionally permitted use in the C-2 and C-3 zones. Recommendations are made that City Council amend the Zoning Ordinance to define and add massage therapy businesses as a conditionally permitted use in the C-2 and C-3 zones and that the City Council add special licensing provisions and minimal requirements to operate such a business. This proposed text amendment seeks to make this a permitted use in either the C-2 and C-3 zones and would also subject the use to a conditional use permit as part of the permit requirement. There are also recommendations for licensing and Staff has looked to some of the adjacent cities, which have dealt with this issue, in order to compile the provisions of licensing. Indicating staff's recommendation is to approve the text amendment and the licensing provisions as outlined in the Staff report.

Chmn. Tucker opened the public hearing at 10:26 p.m.

Maureen Gray, 708 El Redondo, would like to see some standards and guidelines for massage therapists to be qualified. She said it might be wise to specify that the certification comes from the American Heart Association or the Red Cross and also that we include CPR. Regarding health clearance, the major concern is tuberculosis, which is an easy test to perform. If a doctor was to issue a note to say you're free from communicable diseases, he'd have to do a hepatitis test and an AIDS test. These diseases are communicable, but they do get transmitted through pathways which should not occur in a massage.

Judy Luce, 1636 Hermosa Avenue, is currently a massage therapist licensed in El Segundo, and carries $3 million insurance on her clients. The club she works at also carries $3 million insurance. Regarding the linen issue, she said that some people do cold water wash, but she didn't feel that was sufficient. She felt the law should state at least hot water wash. She also stated that the CPR should probably be certified through the American Heart Association and the Red Cross.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 10:47 p.m.

Discussion

Comm. Schwartz recommended that CPR comes from the American Heart Association and the Red Cross and that it include first aid. Comm. Perrotti said the third page needed to be changed from disinfecting and sterilizing to clean and disinfecting. Chmn. Tucker felt the 140 degree water for washing the linens should be included.

MOTION by Comm. Merl, seconded by Comm. Perrotti to APPROVE the items listed in terms of modifications.

AYES: Comms. Perrotti, Pizer, Schwartz, Merl, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

15. TEXT AMENDMENT TO CHANGE THE PENALTY OF ZONING VIOLATIONS FROM MISDEMEANOR AND INFRACTIONS AND ADMINISTRATIVE WITH FEW EXCEPTIONS. (Continued from 5/20/97 meeting.)

Staff Recommended Action: To approve said request.

Mr. Schubach stated that the item was discussed during the special study two months ago, to amend the Zoning Ordinance providing for an "infraction" enforcement program except for two items (bootleg unit would remain a misdemeanor primarily because it is usually associated with building code violations and by state law have to be a misdemeanor, and parking violations which can be controlled through administrative process).

Chmn. Tucker opened the public hearing at 10:55 p.m.

No one wished to speak, and Chmn. Tucker closed the public hearing at 10:55 p.m.

MOTION by Comm. Merl, seconded by Comm. Schwartz to APPROVE the Text Amendment.

AYES: Comms. Perrotti, Pizer, Schwartz, Merl, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

STAFF ITEMS

16.a Project Noticing for 609 and 613 30th Street

Receive and file

16.b Letter and drawings regarding enclosure of parking spaces at 45 14th Street

Receive and file

16.c Sign Handbook

Receive and file

16.d Community Development Department Activity Report of May, 1997 (Combined May/June.)

Receive and file

16.e Tentative future Planning Commission agenda

Receive and file

16.f City Council Minutes of May 13 and 29, 1997

Receive and file

COMMISSIONER ITEMS

A new mural on the wall at the Ragin' Cagin' Restaurant was discussed by the Commissioners, and it was determined it needed to be looked at and addressed. Discussion also followed regarding the deck area to the north of the California Beaches project, which is supposed to be for equipment only and not a people deck. Director Blumenfeld said that prior to the issuance of a C of O that the Planning Commission needs to go up and check it against the Planning Commission approved plans.

ADJOURNMENT

MOTION by the Comm. Perrotti, seconded by Comm. Merl to adjourn at 11:02 p.m. No objections; so ordered.

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