REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS – H.B.M.C. SECTION 12.16.090 – 12.15.100 AND OUTDOOR DINING STANDARDS AND PROCEDURES – LOWER PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2005. Supplemental photographs of Encroachment Permit violations on Pier Plaza received from Director Blumenfeld on May 10, 2005.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions.
Coming forward to address the Council on this issue were:
Ron Newman – Aloha Sharkeez, commented on staff’s concerns; said there was no need to remove furniture from the patio; said customers should be allowed on the patio, whether they are waiting, eating, drinking or smoking; said they had no problem indemnifying the City; said a five-foot pedestrian path outside the encroachment area was no longer needed since parking will not be allowed on the plaza area; stressed the importance of heaters and televisions, noting that the TV sound was barely audible and never on at night; felt their TV installation complied with building codes; did not think the awning issue was a problem at his establishment; said if non-amplified music on the patio was a problem, they would eliminate it;
Diana Albergate – Mermaid, said she had no outdoor patio but agreed that clarification on some of these issues would be helpful; said there should be no major problems if insurance carriers could indemnify the City; suggested using painted lines rather than stanchions for queuing purposes; said enforcement would take care of any noise problems;
Rick Warren – attorney representing Aloha Sharkeez, said capacity had been reviewed by the Police and Fire departments, that standards were consistent with requirements of the City and State Fire Marshall, and that it should not matter if customers are standing or sitting; said patrons do enjoy the televisions, especially during special events, and the sound is barely audible or is off with closed captioning; regarding hours of operation of the patio, said it would be more orderly to allow smokers on the patios than to move them out to the promenade;
Brian Beckman – Hennessey’s and Lighthouse, said people were in and out of the businesses all the time, sometimes to smoke, and that it would be easier to not have to try to keep a count as people come in and out; said they maintain their windscreens and have heaters and umbrellas for the comfort of their customers; said line stanchions keep order and do not present a safety hazard, stating that the stone squares on the Plaza were more likely to cause someone to trip; suggested that the sign permit be changed from once a year for three months to possibly three or four times a year for a week; said noise is the major issue and they were keeping doors and windows closed to improve the situation;
Fred Hahn – Patrick Molloy’s, said the previous speakers made good points, and the real issue was noise; said allowing people to stand on the patio or go out to the patio to smoke should not be a problem as long as the capacity was not exceeded; said the stanchions are important to guide people into lines; said they had no problem indemnifying the City and would have no problem complying with windscreen, awning, and heater requirements, noting that they needed these items for the comfort of their customers; urged the Council to establish regulations which were good for the community as well as the restaurants;
Jeff Belandi – Dragon, said the major issue was noise; said they had been approached by the Fire and Police departments with complaints that their establishment is too loud, but he was not aware of established levels and asked about the method and location for measuring sound levels; said he had previously been opposed to closing the doors and windows but had been doing it lately and things were better; said customers should be able to go out to the patio for a quiet atmosphere or back inside for the music; said the back door had to be left open occasionally for things like taking out trash, and the front door was constantly being opened for customers entering or leaving;
Carla Merriman – Hermosa Beach Chamber of Commerce and Visitors’ Bureau Executive Director, asked that Council consider the differences between retail and restaurant businesses, particularly in reference to sign restrictions and indemnification; said during a recent sidewalk sale event, the Chamber of Commerce – unable to contact all business owners for insurance purposes – purchased a general policy for the businesses which was cheaper than event insurance; said the profit margin was much greater for restaurants than for retail; spoke of the Chamber’s signs on the Plaza cautioning patrons about drinking and driving and being noisy in adjoining neighborhoods; said some people involved in noise issues weren’t patronizing the businesses but merely hanging out in the Plaza or walking back to their cars or apartments;
Bill Robb – Treasure Chest, thanked the City for allowing him to encroach into the Plaza; said retail does not come close to restaurants in square footage or to the revenue of a restaurant per square foot, and it was hard for a retail business to survive in the City, requested that the Council not impose any additional fees on retail businesses;
Gary Vincent – Fat Face Fenner’s Fishack, said he is a professional sound engineer with a degree from Loyola Marymount and a member of the Audio Engineering Society for 15 years; showed the Council a dB meter from his business and said his speaking voice this evening measured about 68 to 70 dB; said two weeks ago he was issued a notice of violation for noise emanating from his property and at that time his meter measured about 74 dB or less than a 10% difference from the overall noise level currently in the Council Chambers; said at the time of his violation notice, the overall noise level on the promenade was less than 80 dB, still less than 20% compared to the current Chamber sound; asked that the Council keep this in mind when discussing noise issues on the promenade, and
Sean Rojeski – Club Sushi employee and 10th Street resident, said he understood noise issues; said there were many charitable events and other pleasant things on the Plaza that were not involved in the 1 to 2 a.m. time period when most problems occur; said the bars are most concerned with customer service and must comply with codes; said clear guidelines that everyone can follow would be helpful.
Action: To allow sitting or standing in the encroachment area as long as the occupancy level, based on square footage and an approved seating plan with fire aisles, is not exceeded.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Further Action: To issue no-fee encroachment permits, except for a one-time application fee of $370, to the retail businesses on Pier Plaza, and to require businesses to show proof of insurance to indemnify the City.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
In response to a request by Mayor Reviczky, City Manager Burrell said he would look into the suggestion of a blanket policy for those businesses.
Further Action: To require windscreens to be of standard design throughout Pier Plaza, made of clear material and maintained to remain so, with the height and specific design to be determined after a survey by City staff of the windscreens currently in place, and to establish a deadline for compliance.
Motion Edgerton, second Yoon. The motion carried by a unanimous vote.
Further Action: To delete the five-foot requirement at the Strand, thereby allowing Hennessey’s and Cantina Real to maintain their current encroachment areas.
Motion Tucker, second Edgerton. The motion carried by a unanimous vote.
Further Action: To delete the requirement for a five-foot pedestrian pathway outside of the encroachment areas.
Motion Edgerton, second Keegan. The motion carried by a unanimous vote.
Further Action: To allow podiums for hostesses/greeters and stanchions for line queuing on the Plaza outside the encroachment area, if needed, and if included in the plan submitted to the City by the business.
Motion Yoon, second Keegan. The motion carried by a unanimous vote.
In response to a Council question, City Manager Burrell said none of these issues affect the bakery and Lappert’s ice cream shop, which serve food but not alcohol.
Further Action: It was the consensus of the Council to allow ashtrays outside of the encroachment area.
Proposed Action: To allow “sandwich board” signs, banners, and temporary signs within the encroachment area.
Motion Tucker, second Edgerton. The motion failed due to the dissenting votes of Keegan, Yoon and Mayor Reviczky.
Further Action: To allow heaters inside the encroachment area as needed and to allow them to be placed just outside the encroachment area rail, with insurance required to indemnify the City.
Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Mayor Reviczky.
Further Action: To allow televisions in the encroachment area with the requirement that the volume be turned off and that the installation is safe and in compliance with the Building Code.
Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky.
Further Action: To allow use of awnings and other overhead structures to cover up to 50% of the encroachment area with a required permit.
Motion Yoon, second Edgerton. The motion carried by a unanimous vote.
Further Action: To delete the requirement that when an establishment stops serving for the day, further seating shall be prohibited.
Motion Edgerton, second Tucker. The motion carried by a unanimous vote.
Further Action: To prohibit any amplified music in the encroachment area, except for special event permits.
Motion Keegan, second Tucker. The motion carried, noting the dissenting vote of Edgerton.
At 9:09 p.m., Councilman Yoon left the room.
Further Action: To agendize for the next Council meeting of May 24 the issue of setting guidelines and establishing a noise standard to which all businesses on Pier Plaza must comply.
Motion Edgerton, second Mayor Reviczky. The motion carried, noting the absence of Councilman Yoon.
City Manager Burrell said all of the motions would be converted into written encroachment permit regulations and brought back to the Council for consideration and approval.
The meeting recessed at 9:12 p.m.
The meeting reconvened at 9:26 p.m., with item 7(b) and a full Council present.
