Study offers suggestions for Hermosa Reach police force reform

Use of force is found to be within reason, but changes to improve morale, recruiting are recommended.

By Andrea Sudano
DAILY BREEZE

Hermosa Beach police officers generally exert reasonable and justified levels of force with no evidence of abuse, but some refinements are necessary in the department's hiring, recruiting and training policies and procedures, an independent analysis of the department has concluded.

Consultant R.M. McCarthy & Associates calculated the department typically receives about five complaints of force a year. In 2004, the number increased to eight, less than 1 percent of all arrests; and dropped to two in 2005, according to the 70-page document.

Consultants spent nearly six months studying an agency beleaguered by internal discord as well as external attacks, finding the department should have addressed internal distrust, tension and low morale years ago and is subject to civil rights suits disproportionate to its size.

Further, "it should be of concern to department management" that a use-of-force instructor was involved in an April 2006 bar dispute that ended with officer Jonathan Sibbald allegedly punching another patron, the report said.

The San Clemente-based firm made a series of recommendations it says could protect the city from future allegations of excessive force as well as decrease strife within the department. The recommendations include:

• Recruit officer candidates with at least three years' experience and a willingness to undergo polygraph testing.

• Consider annual training on legal aspects of application of force for all sworn department members.

• Establish a series of measures to enhance documentation in instances of force.

• Hire an additional captain and lieutenant to address distrust in the department.

City Manager Steve Burrell, who ordered the study about six months ago in the wake of lawsuits alleging excessive force and civil rights violations, said the results are a reassurance that the department is functioning well.

But Corey Glave, a Los Angeles attorney representing several Hermosa Beach police officers suing the city for violating their rights, among other things, saw the study's findings as validation of his clients' claims.

"It indicated there was a sincere distrust of midmanagement by line officers," he said. "Enlightened management would have cured these problems years ago."

Commissioned just after the early departure of Chief Mike Lavin in February, the study was partially designed to provide his replacement with an outline of the department's strengths and weaknesses, Burrell said.

The study's findings were released only last week, but already new Chief Greg Savelli said he was considering which of the consultant's recommendations to implement during his tenure. In fact, some of the study's recommendations are in place already, Savelli said.

Recently, interim Chief David Barr established more thorough documentation requirements in instances when force is used, as suggested by R.M. McCarthy & Associates.

But some recommendations likely will remain just that, Savelli said. Hiring an additional captain and lieutenant would be welcome, but is unlikely because of budgetary restraints, he said.

The consultant's determination that Hermosa Beach officers' use of force was on par with national averages comes on the heels of a victory for the department in federal court.

Last month, a jury rejected a lawsuit from a man charging the department used excessive force when he was arrested and sprayed with pepper spray on July 4, 2003.

Hermosa Beach 'lighthouse' owner remembered

Mary Zachary, who sold the historic home, died on April 4 at age 75. She had been living in Augusta, Ga. Friends and family gathered Sunday in Torrance to remember her.

By Paul Clinton
Daily Breeze

Friends and family gathered Sunday to remember Mary Zachary, a kind-hearted missionary whose decision to sell her historic home triggered controversy in Hermosa Beach.

Zachary's daughter Dolly Zachary Rouse feted her late mother -- who died April 4 at age 75 at her Augusta, Ga., home -- in Torrance.

"My mom was a good Samaritan," Rouse said. "She had a kind, generous heart."

Zachary, a former English teacher at Redondo Union High School, made headlines in 2004, when she urged the Hermosa Beach City Council to save the "lighthouse" home she had sold two years earlier.

Zachary had lived in the 100 The Strand home for 26 years before returning to her native Georgia, where she owned two properties, son-in-law Scott Putnam said. Putnam had lived with Zachary in the home.

At the time, several of Zachary's neighbors criticized her for not gaining landmark status for the building, which featured a distinctive turret that inspired its nickname.

"She didn't think anybody would ever want to tear it down," Putnam said. "We all told her to simplify her life. She took that (advice) and sold the house."

Zachary sold the home for $2.4 million to developer Mike Mulligan, who sold it to developer William Campbell about a year later for the same price.

On Jan. 27, 2004, the City Council brushed aside Zachary's bid to save the house and declined to declare it a landmark. The decision allowed Campbell to raze it to build a $4.5 million Italian-style mansion.

Zachary, who was born and raised in the South, had come west with her husband, Glenn Zachary, for ministry work.

Zachary fed her interest in nutrition and dieting by joining the National Health Federation, founded in 1955. She also collaborated with Adelle Davis, author of the "Let's" nutrition series, and Gladys Lindberg.

She taught English at Redondo Union High. She also worked as an aide to developmentally disabled students.

When she lived on the West Coast, she attended Rolling Hills Covenant Church.

She is survived by four children -- Dolly, Malinda Zachary Putnam, Glenn Thomas Zachary Jr. and Bonnie Zachary-Jurk -- and 12 grandchildren.

Aquarium on the Pacific

Hermosa Beach's ultramodern aquatic zoo gained wide attention during its 10-year run.

By Andrea Sudano
Daily Breeze

These days, sharks and piranhas stalk Pier Avenue only at bars on Saturday nights, but they had a permanent home in Hermosa Beach in the 1950s.

Octopi, sea horses, giant turtles and the like once filled the giant glass-fronted tanks of the Ocean Aquarium just south of the pier and west of The Strand, drawing nearly 2 million visitors in its nearly 10-year run in town.

Hermosa Beach's own mini Sea World stood just south of the pier where Shumacher Plaza now is -- or as the Daily Breeze put it in 1956: "Just walk to the foot of Pier Avenue and turn your feet to the right before they get wet. In front of you is a large gray building housing numerous specimen from the sea next door. It's the Ocean Aquarium."

The large blue building, which opened in 1947, was round, so visitors could walk in a circle along the building's edges, said longtime Hermosa Beach resident Terry Bose.

The underwater zoo clocked about 1.8 million visitors, including more than 25,000 group tours from the Boy Scouts and other youth and school organizations.

Kids and adults alike were fascinated by the daily animal feedings, suitable for viewing and participation.

"I remember you could buy three sardines for a nickel and feed the world's fattest seal there," Hermosa Beach resident Rick Koenig said.

Ocean Aquarium gained nationwide notoriety through television programs that aired footage of the creatures that made their home there.

In its time, the giant fish bowl was considered one of the largest and most modern aquariums in the country. Other tanks tried to replicate its "modern appointments," the Breeze wrote.

As other South Bay aquariums might attest today, the Ocean Aquarium's ocean-side location had its advantages, though they weren't as great as one might expect.

On the upside, the sea provided constant saltwater for tanks, but Hermosa's warm, balmy weather made the water too warm for many creatures -- including a particular species of octopus that preferred his water a chilly 52 degrees.

So, while water was plentiful, aquarium operator A.D. McBride had to bring in refrigerators to keep it cool enough.

The underwater zoo had its fair share of strange occurrences in its time.

In the early 1950s, Redondo Beach resident Deo Fisher broke the world's record for the most time spent underwater when she was submerged for 55 hours, 39 minutes and 16 seconds in a porpoise tank as a publicity stunt.

Once when McBride expected four elephant seals to arrive at the aquarium in early February 1955, he got five instead. As the large seals -- named for their fleshy, trunk-like snouts -- made their way on a truck from San Diego to Hermosa Beach, a mama seal gave birth to a baby, according to the Breeze.

While Marineland of the Pacific -- a descendent of Hermosa's aquarium, according to a book detailing Hermosa Beach's history in pictures -- entertained tourists on the Palos Verdes Peninsula for more than 30 years, the Ocean Aquarium wasn't nearly as lucky.

By all accounts, the facility enjoyed barely a 10-year run.

An apparent squabble between McBride and the city over a 40-year lease calling for the development of a new pier caused both parties to hire lawyers in January 1956.

According to a Breeze article, the city was offered the aquarium's land and several nearby parcels for $85,000 in June 1958, and bought the land several years later.

After the fish were shipped out, the underwater zoo apparently sat vacant for some time, Bose remembered.

"It was an eyesore and it got dirty," she said.

Demolition on the structure began March 19, 1962, to make way for a parking lot.

South Bay may lose pro beach volleyball events

Two tournaments might leave the beach or be played earlier or later in the season, the tour owner says.

By Paul Clinton
Daily Breeze

The owner of the AVP Manhattan Beach Open and Hermosa Beach Open volleyball tournaments is threatening to pull up stakes if a state coastal panel doesn't grant concessions he says are necessary to make the events profitable.

The announcement comes on the eve of negotiations between the Association of Volleyball Professionals' Pro Beach Volleyball Tour, the city of Manhattan Beach and the California Coastal Commission for operating agreements covering next year's events.

"We've transitioned from lifestyle to a professional sport," said Leonard Armato, AVP chief executive and commissioner. "To remain a professional sport, you have to have a viable business model."

Armato, a sports marketing executive who acquired the tour in 2001, says he could move the South Bay events off the beach or reschedule them before Memorial Day or after Labor Day. The Manhattan Beach competition is considered the Wimbledon of volleyball. The event runs through Sunday.

So far, Armato's attempts to increase revenue at the two South Bay events (and the Huntington Beach Open) have been thwarted by coastal regulators. Armato wants to charge a $20 general admission, implement paid parking and sell beer and other concessions.

Armato predicted he would lose about $500,000 on this year's Manhattan Beach Open.

A call to the commission's executive director, Peter Douglas, was not returned. A city administrator said Manhattan Beach isn't in a position to grant Armato those requests.

"The Coastal Commission is a higher power than the city," said Sherilyn Lombos, deputy city manger. "They control what happens on the beach."

The commission issues a coastal permit that allows Armato to stage the event. Since 1993, the commission has allowed AVP to charge admission on 24 percent of its attendees, which include corporate sponsors and ticket-buyers of courtside seats.

On July 18, the commission and City Council jointly approved agreements. The commission oversees public access to the beach, while the city's agreement governs the location of the bleachers, the cash prizes and other items.

Players and fans attending Friday's event weren't thrilled about the prospect of shifting the Manhattan Beach Open to another venue.

"The game is on the beach," said Casey Jennings, a Manhattan Beach resident who plays on the men's tour and is married to Olympic beach volleyball gold medalist Kerri Walsh.

"That's where it was born. That's where it should stay."

Katie Lindquist, one half of a team with sister, Tracy, said the event would continue to draw fans if it were moved to September.

"After Labor Day, we would (draw fans) because it's still summer," Lindquist said. "It could be the last hurrah."

While organizers are touting the admission fee as the ticket to profitability, fans said it could have a chilling effect on attendance.

"They'll lose a lot of people and hurt themselves," said Gene Anselmo, 50, of Manhattan Beach.

Winners of the Manhattan Beach tournament get their names etched into the pier, a draw city leaders say could be enough to change Armato's mind about moving it out of town.

"If you want to call it leverage, Manhattan Beach's beach has that leverage," Lombos said. "The players want their names on the pier. (Armato) is doing what he can to get the Coastal Commission to see his side."

HB trustees supporting bond measure can't muster the votes

Facing a community split over whether new debt is necessary to meet the school district's needs. 

By Brandy Underwood
DAILY BREEZE

Facing a community split over whether new debt is necessary to meet the school district's needs.  The bond measure supporters on the Hermosa Beach City School District board could not muster the votes to place the issue on the November ballot.

The split board failed to take action Tuesday on a resolution that would have asked the community to approve up to $13.1 million in bonds. Instead, trustees directed staff to reconvene a committee to study a future ballot measure to pay for improvements at North School as well as other projects.

"We'd rather take time to make sure we're building facilities that will meet community needs," President Greg Breen said, while at the same time acknowledging concerns about increasing construction costs.

Trustees Lance Widman and Lisa Claypoole supported placing a bond measure on the ballot, but others worried it was too early to take that step.

"It was clearly a 3-2 division on the board as to whether to put it on the ballot in 2006," Widman said. "We've got some important facilities needs and I was disheartened that the board chose not to put it on the ballot."

Four votes were needed to place a bond measure on the November ballot.

Trustees had reviewed a staff plan Aug. 2 to renovate the district's North School site along with other projects and directed staff member to draft a bond resolution that would pay for the construction.

Many Hermosa residents who turned out Tuesday said they would not support a new bond measure and voiced concern about the district's ongoing Hermosa Valley School gym project funded under the $13.6 million Measure J approved four years ago.

Voters rejected a proposed $13.1 million bond on the June ballot. The board was considering a list of projects for the November ballot that would have ranged from $4.4 million to $13.1 million.

Some residents of the North School neighborhood, like Marie Rice, are in favor of the improvements. She presented a statement signed by 20 neighbors supporting the plan.

"I think that more research and assessment needs to be done before we decide what the bond is and what the use of the school will be," Rice said. "I'm glad we'll be part of the discussions."

Under the proposed staff improvements, the site at 417 25th St. in Hermosa Beach would be used to house most of the district's kindergarten students. Under the district's plan for North School, which is currently rented by the Seasprites Preschool and South Bay Adult School, buildings would be replaced, eight classrooms would be constructed, parking areas repaved and a grassy area installed.

"The board doesn't want to divide the community," said Superintendent Sharon McClain, who said slight enrollment increases could mean North School campus should be better utilized to meet the district's needs. "What they are doing is trying to get more information about what the community wants and needs."

Other construction priorities that had been outlined by staff included constructing three new classrooms at Hermosa Valley School and reconfiguring the school's parking lot to increase off-street parking.

Hermosa View School enhancements were also on the district's wish list, which included asbestos abatement, technology improvements and classroom rehabilitation.

"We still have facilities needs that haven't been met through Measure J expenditures," Trustee Linda Beck said. "But based on input I received at the Aug. 2 meeting and interaction with community members, I didn't know if we had the support to do it now."

142 votes win Bobko a spot on HB City Council

"I thought it was gonna be close," said the victor, who will take over the vacant seat in July.

By Gene Maddaus
Daily Breeze

Patrick "Kit" Bobko emerged with a narrow victory to capture the vacant seat on the Hermosa Beach City Council, beating his closest competitor by 142 votes.

Bobko, who finished behind Jeff Duclos in November, won 40.7 percent of the vote Tuesday to runner-up Duclos' 36.2 percent. He is expected to take office in mid-July.

"I thought it was gonna be close," Bobko said. "I can't say I was expecting to win."

For Duclos, it was "always the bridesmaid, never the bride." Duclos finished fourth in the race for three council seats in November. When the second-place finisher, Howard Fishman, stepped aside to care for his ailing wife, two council members wanted to appoint Duclos to fill the vacant seat.

The other two objected, prompting Tuesday's special election.

"When we were forced into this special election, I had $187 left in my campaign funds," Duclos said. "I knew I was never going to be able to spend what my fellow candidates did. I'm really proud of the campaign we ran. It was an old-fashioned grass-roots effort."

Bobko, 36, is a municipal attorney and former Air Force captain. Duclos, 61, is a home-based communications consultant. Bobko said he hopes to work on improving infrastructure, disaster preparedness, and public safety during his term on the council.

"The council makes decisions too much based on personality," he said. "The first thing I want to do is bring a sense of optimism and enthusiasm back to the council."

Duclos, a longtime Hermosa Beach resident, said he was disappointed by Bobko's campaign.

"I'd be less than truthful if I didn't express my disappointment in him for his deceptions at the end of the campaign," he said. "It was a little too much old-school Hermosa Beach politics."

Contract lawsuit at center of council candidates' concerns

All four Hermosa Beach candidates say the action brought by Macpherson Oil Co. must be resolved. They differ on the most effective way to do that.

By Deepa Bharath
DAILY BREEZE

Just how to handle an oil company's $500 million breach of contract lawsuit against the city of Hermosa Beach has emerged as a central issue in the race for a City Council seat.

All four candidates in the June 6 special election said the suit by Macpherson Oil Co., which could potentially bankrupt the city, is one of their main concerns, and they don't agree on how to best resolve it.

Jeff Maxwell said he would settle, while Janice Brittain would not. Patrick "Kit" Bobko said he wouldn't rush into a settlement; he would wait for now. Jeff Duclos said he would like to see a resolution to the suit, but couldn't say if he would settle now, not without knowing the terms.

Macpherson acquired oil drilling rights in 1992 through lease arrangements with the city. Before any drilling started, voters in 1995 passed Measure E to ban oil drilling in town. The Hermosa Beach City Council voted in 1998 to deny Macpherson drilling permits based on a consultant's opinion that it would be unsafe.

Later that year, Macpherson filed a lawsuit alleging breach of contract. In 2002, a Los Angeles Superior Court judge upheld Measure E as an effective and legal end to a slant-drilling lease held by the Santa Monica-based petroleum company. But an appellate court overturned that decision last summer. The city appealed to the state Supreme Court, which denied the appeal in November.

Bobko, a municipal attorney who prosecuted cases for Hermosa Beach from 2000 to 2004, said the city should "watch and wait" on the Macpherson case.  "This is like buying a used car," he said. "You can't go in and tell the salesman you're going to buy, no matter what. Settlement is always an option, but it's important to be patient."

Maxwell said he sees the Macpherson issue "as a time bomb waiting to explode."  "There's a 50 percent chance here that we'll go bankrupt," he said. "If I were on the City Council, I'd look to settle."

Brittain said she would be reluctant to settle.  "I think the city should stick with the process," she said. "I don't think that we should give up and settle for the big amount (Macpherson Oil) seems to be asking for."

Duclos said he, like most others, is looking for a resolution to the conflict that has been raging for the past 15 years or so.  "The numbers that have been thrown out make it a significant issue for the city," he said. "But that said, I don't think the numbers are anywhere near realistic."

Duclos said apart from the Macpherson lawsuit, he only sees two major issues in Hermosa Beach.  "Public safety and infrastructure," he summarized. "Our quality of life in this town largely depends on those two factors."

The city must find a way to allocate money to keep its streets and key facilities in good shape, Duclos said.  "Our fire facility is in a state of disrepair," he said. "Our City Hall seems worse than a World War II bunker. We keep doing patchwork here and there. We fix stuff, but we're not enhancing or building our community in any way."

Maxwell said his primary goal as a councilman is to remain accountable to his constituents.  "I don't think there's much accountability right now," he said. "People are not getting answers to their questions. I'd like to change that."

Keeping the beach clean is also high on his priority list, Maxwell said.  He said neighboring Manhattan Beach got its wake-up call in January with a massive sewage spill that flooded homes and discharged 2 million gallons of raw sewage onto the sand.  "I think we need to be alert and work toward avoiding situations like that," Maxwell said.

Brittain said her main concern is communication.  "I don't think city officials are communicating very well with the public," she said. "The city needs to clarify their policies to people."

Brittain gave the example of the issue of lot mergers that came up recently with a property owner on Prospect Avenue.   The owner had gone through the planning process with the understanding that he could build two homes on his lots, but was told later that the lots must be merged.  "That should've never happened," Brittain said. "City policies and regulations must always be clear and well communicated."

Bobko said his big issues apart from the Macpherson case are public safety, parking, density and "infusing optimistic leadership" into the council.  "Our Police Department is going through a crisis," he said. "We need to go through the process of strengthening not only our Police Department, but also our Fire Department and improve our level of disaster-preparedness."

Bobko said he would also be eager to create a "fertile business environment" in the city, which he said is one of the best ways to increase city revenue.  "By creating a business corridor in Hermosa Beach, we'll increase our sales tax base," he said.

Three out of the four candidates -- Bobko, Duclos and Maxwell -- ran, and lost, in the November council election. Howard Fishman, who was elected to the council in November, declined to take his seat after his wife was diagnosed with a serious illness. It is this seat that the candidates are vying for in the June election.

3 Hermosa Beach city council candidates boycott a forum

One says the Q & A format "didn't feel right." Janice Brittain was the sole contender to attend the session.

By Deepa Bharath
DAILY BREEZE

Three of the four Hermosa Beach City Council candidates vying for the vacant seat in the June 6 election said they would not attend a candidates forum held by a community group Thursday night because they were not comfortable with the format.

The Hermosa Beach Neighborhood Association, a community watchdog group founded by resident Al Benson, announced its first candidates forum this year.

But as it turned out, it ended up as a question-and-answer session between one candidate, Janice Brittain, and the audience.

Candidates Jeff Duclos, Patrick "Kit" Bobko and Jeff Maxwell took a pass on the event.

Brittain is the only candidate in this election who did not run in November. In the fall contest, Duclos finished fourth behind incumbent J.R. Reviczky, Bobko finished fifth and Maxwell was seventh among 10 candidates vying for three seats.

Howard Fishman, who collected the most votes in November, declined to take office after his wife was diagnosed with a serious illness. It is this seat that will be filled in the June 6 election.

Maxwell said he was overwhelmed with the amount of information Benson sent him to prepare for Thursday's debate.

"The questions were leading," he said.

It was after another local debate held by the League of Women Voters that the candidates met briefly and discussed Thursday night's forum, Maxwell said.

"I think we felt that it wasn't a debate forum, but a personal forum for Mr. Benson," he said. "It just didn't feel right."

Brittain said she had made a commitment to Benson that she would attend.

But Brittain said she shares the other candidates' feelings.

"In most debates, questions are open-ended," she said. "Here, it feels like we're writing a research paper."

Benson, himself a City Council candidate in November, said his intention was not to overwhelm candidates.

"The council packets are usually the size of two phone books," he said. "So you'd think they'd get used to seeing a lot of information."

The questions were meant to be "direct and pointed," Benson said.

"I'm worried about public safety issues," he said. "I'm worried about our Police Department, the bars, the alcohol and our quality of life."

Duclos said the candidates' decision not to attend was nothing personal against Benson.

"There were some issues in relation to the tone and direction of this debate, which was enough to influence our decision on whether to participate," he said.

Benson said all he wanted was to give candidates time to prepare their answers and asked for their responses so he could ask follow-up questions.

"I'm not disappointed they're not coming," he said. "I'm disappointed that they had this little powwow on this issue and made a collective decision behind my back."

3 file suit against HB police over 2004 incident

Complaint alleges that two officers attacked at Pier Plaza, filed false statements and lied under oath.

By Matt Krasnowski
Copley News Service

Three people who were acquitted last year on public intoxication and resisting arrest charges have filed a lawsuit against the Hermosa Beach Police Department, claiming officers roughed up two of them, filed false reports and lied in court about the arrests.

Michelle Myers, Robert Nolan and Joel Silva filed the lawsuit in U.S. District Court in Los Angeles on Tuesday, claiming Hermosa Beach police Sgt. Raul Saldana and officers Michael Frilot and Todd Lewitt violated their civil rights.

The allegations stem from a May 23, 2004, incident at Pier Plaza. The lawsuit contends that Saldana approached Myers, Nolan and Silva from behind in a patrol car "maliciously blasting his air horn to frighten plaintiffs."

The suit said the three jumped away, "condemning Saldana for his juvenile behavior." Saldana then drove past them and directed the other officers to go after Nolan.

The lawsuit contends Nolan was "attacked, choked, knocked down and maliciously struck and injured by Lewitt."

Lewitt later kicked Silva and struck him in the head, according to the complaint by lawyer Thomas Beck, who has filed several lawsuits against the department stemming from incidents at Pier Plaza.

Myers, Nolan and Silva were arrested and charged. They complained about the officers' conduct to department officials, but a sergeant investigating their allegations called them "whiners," the lawsuit states.

Last year, the three were acquitted on the misdemeanor charges after a jury trial. The lawsuit contends Saldana, Frilot, Lewitt and other officers "gave knowingly perjured testimony" during the trial.

The lawsuit does not seek specific monetary damages from the city.

Hermosa Beach City Attorney Michael Jenkins said he has not seen the complaint but was familiar with the case.

"The city is very familiar with the facts and is very familiar with the circumstances," Jenkins said. "The city intends to defend the case vigorously."