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HomeMy WebLinkAboutCity Manager's Report - Huntington Beach Corner Market Code wnNvMWAIM" c S1AW,-M40A1 City of Huntington Beach File #: 21-829 MEETING DATE: 11/2/2021 Huntington Beach Comer Market Code Enforcement Update City of Huntington Beach Page 1 of' Pnnted on 1114/2021 powered by Legistar' Moore, Tania From: Lisa M Serrano-Kelly PMA(r)CPT <lisamkellyl@hotmail.com> Sent: Monday, October 25, 2021 8:07 AM To: supplementalcomm@surfcity-hb.org Subject: The Harassment of the Corner Market Harassment of a small business ! The Corner Market on 11th and Acacia is being hounded and someone is trying to run them out of business. This is unacceptable. Having lived downtown on 11th street for many years we would walk by that place and pray for a good clean well run business to go in there. We finally have one and they are being relentlessly harassed. In this city which should be doing backflips that a decent business that spreads love and joy through the community wants to operate here, instead you are listening to some cranky crony who relentlessly complains it is just not acceptable to those of us who know and love Suzanne and John and their wonderful Business! Stop this Harassment! Look to the many many other terrible problems that this city has and leave an honest business alone In Health. Lisa M. Kelly, P.M.A., C.P.T. SUPPLEMENTAL COMMUNICATION 'n®eringDate. I1lgL�`20a I -- 4genda lam No.' - t Moore, Tania From: Fikes, Cathy Sent: Monday, November 1, 2021 11:29 AM To: Agenda Alerts Subject: Corner Market From: William Hennerty Jr.<billhennerty@yahoo.com> Sent: Friday,October 29, 20214:44 PM To:CITY COUNCIL<city.council@surfcity-hb.org>; Chi,Oliver<oliver.chi@surfcity-hb.org>; Hopkins,Travis <thopkins@surfcity-hb.org>; Estanislau, Robin<Robin.Estanislau@surfcity-hb.org> Cc:Gates, Michael<Michael.Gates@surfcity-hb.org> Subject: Corner Market Good day Council and Staff. 1 am writing you all today in regards to the ongoing harassment by code enforcement and certain individuals whom have a problem with this historic building, the owners of the property and the tenants. It has come to light that a certain city council person is going around showing other small business owners video they took personally of these so called code violations. Council should consider a investigation to this and expose these individuals. Personal my wife and I have a similar experience going as far as head of code enforcement filings a criminal case that was dismissed. He went after my wife's teaching credential. This is the type of leadership that is allowed. 4 years we have been dealing with similar issues. Historic buildings do not fall under the same regulations as newer construction. For the city to force entering people's homes with the sole purpose to extort money for code violations is what is happening. Forcing these owners to sell and make way for another tall and skinny. There is a lot of frustration in my email but 1 need to make you all aware. Thank you for your time and service, William Hennerty Sent from Yahoo Mail on Android SUPPLEMENTAL COMMUNICATION Me@&V Deb: I I r'W'm Agwtds Ibm Nm: t Moore, Tania From: Fikes, Cathy Sent: Monday, November 1, 2021 11:31 AM To: Agenda Alerts Subject: FW: HB Corner Market Bakery From: natzato@gmail.com<natzato@gmail.com> SUPPLEMEN 1 AL Sent: Sunday, October 31, 2021 2:3S PM COMMUNICATION To: Fikes, Cathy<CFikes@surfcity-hb.org> Subject: HB Corner Market Bakery Mee*V Dab:_ ,aD�� l ,Agenda horn No.: �.�r 1) The HBCM building, located at 601 11 th Street on the comer of Acacia, was built in 1926. This comer building is, has been, and always will be zoned as commercial property. It is also now deemed historic. Photos over the years (attached below) show the space in front of the market and also the patio area being utilized, showing that this use is not new. 2)The city should be proud of and support a small business that encourages healthy congregation, community participation, and increased neighborhood awareness like the HBCM does. This small business has brought families and friends together in a way that no other business in this location ever has. There have never been violations in regards to physical altercations or drunk and disorderly conduct from the owners or customers since this business opened in July 2018. 3)The City of HB employs leaders for city management, facilities,administration,etc. Some of those leaders have displayed behavior in violation of their own standard of conduct compliance. Some city employees have been on or around the HBCM before/after hours using their powers inappropriately by employing intimidation tactics and/or threatening language: While the City formally acknowledges this standard of conduct on an annual basis, it also provides and requires all elected or appointed officals, City employees, and members of its boards, commissions, committees, and task forces to participate in ethics training "in general ethics principles and ethics laws relevant to his or her public service,"every two years to comply with guidelines brought forth by Assembly Bill 1234 (Salinas) -Compensation and Ethics. Resolution No. 2018-58, adopted by the City Council on October 15, 2018, amended and reaffirmed the City's standard of conduct for elected officials, officers, employees, and members of advisory boards, commissions and committees. 4) The City Council exists to "represent the city throughout the community and the region," and by meeting the needs of the city as a whole, they should be representing 1 their constituents. Many people feel that our city is working against the small businesses in favor of the larger. higher revenue establishments (possibly the reason our small downtown area is heavily populated by bars) - we need to implore FIB leaders to value the special small businesses like FIBCM before they eradicate them all. 5) Anyone who is opposed to the operations of the HBCM should be full\, aware of the commercial status of this building and should be educated as to what the implications have been and could be for a different and more unsavory use (i.e. liquor store, etc.) of this establishment. 6) The City has most likely wasted an inordinate amount of funds responding to petty and/or bogus violation claims against the HBCM. With each violation, they have to send employees, process paperwork, and have even sent police vehicles. helicopter. etc., in the past. Claims such as "nuisance" and "non-conforming uses" have no real basis when history is shown (i.e., use in front of the store for bistro tables, flowers. use of the patio - also granted to HBCM by the landlords for use of their private space). The city should not have to waste taxpayer funds to respond to illegitimate claims. 7) One dissenter. a disgruntled neighbor who was "so unhappy with the market." and who made his position known to all who dared glance at his home, ended up becoming gravely ill. Upon his terminal diagnosis, he came into the FIBCM to apologize AND enjoy his coffee there each morning until he passed. He realized, sadly too late, what a gem of a business and caring community that he had right in front of him. Let's not let that happen to anyone else. 8) The FIBCM is considered a neighborhood treasure for many of us from adjacent homes to nearby cities or beyond. Community has been strengthened, friendships have flourished, and personal attention has been given to each person who even comes near the market. The city of 1-IB has always been about great local pride and love for one another. Please do not let the negative view of very. very few dismantle what the Iacono family has developed in the HBCM - this business is a benefit to our neighborhood. local community, and the entire city overall. Thank You, Natalia Miyazato 2 3 _, � � �.� - T Teri � �` - -�- � � I �, � w .. � _� • �I � - . _ _ r- - �► � r �+ IIJJJ� Moore, Tania From: Tiffany Abrishami <tiffanyabrishami@gmail.com> Sent: Tuesday, November 2, 2021 2:49 PM To: supplementalcomm@surfcity-hb.org Subject: City council meeting question Hello City Council What is Dan Kalmick's involvement with code enforcement? No coucilmen should be stalking or harrassing businesses . This is regarding hb corner market. Thank you Tiffany Abrishami Sent from my iPhone t Moore, Tania From: J Horton <mckane4@sbcglobal.net> Sent: Tuesday, November 2, 2021 4:27 PM To: supplementalcomm@surfcity-hb.org Subject: HB Corner Market council meeting item Attachments: corner market pdf.pdf Please submit this to the public record and cc to City Council, City Attorney and City manager. Please also consider questions contained in the body of this letter to be a public records request . Jan Horton 516 13th St HB 92648 714-328-4610 1 Good evening, Jan Horton, 516 13th St , 6 year resident I come before you tonight as a concerned resident re the City's apparent goal of fining the Corner Market out of business and causing undue stress. As a former council member of my former City, I do realize there are times the city staff pursue their various duties without Council involvement. Even if the enforcement of codes and planning guidelines seem excessive. To that end, when I heard what was happening, I defended the Council. The City Manager oversees the City staff and Council gives direction for variances, sometimes in consultation their various commissions. It did not appear the Council or City attorney knew of these aggressive tactics. I must say I was shocked when on social media the City Attorney acknowledged he was previously aware of this problem and had spoken to the individuals involved and would reach out again. Then I found out, the owners of the Corner Market had spoken in front of the council previously. So those who were on Council at the time knew this was happening. Yesterday another revelation: it became evident a newly sitting Council Member was spending an inordinate amount of time observing the Market from his car, taking pictures of the business and then pressuring code enforcement to continue fining them and the landowners. How is this even possible? Questions: 1 . When Corner Market owners and the landowners spoke before Council, was any direction given to City staff re code enforcement? If so, what was it? 2. Was the City Atty ever directed to intervene in handling this problem with either the Business owner or the landowners? Was there a report back to the Council on his actions? If so, What was in the report? 3. Was the individual Council member given the authority to direct City staff to aggressively enforce codes, some not applicable to a historic structure, harassing the business owner and landowners? If not, Will you consider sanctioning this Council member for exceeding his authority? When has repeated fining upwards of $6000 a time for cleaning tables seem reasonable? This is harassment, the goal appears to be to shut the Corner Market down. I have seen three businesses occupy this space in the 6 years I have lived here and Corner Market has been the only one that has been successful. It is sad when City staff, Council and the City Attorney want to shut down a wonderful place to eat and gather. Do the Right Thing. Stop the strong-arm tactics against a small Mom and Pop business!