HomeMy WebLinkAboutRES 18-7141 (725 CYPRESS AVE CROSSFIT)1
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RESOLUTION NO. 18-7141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DECLARING THE EXISTENCE AND
ORDERING THE ABATEMENT OF A PUBLIC NUISANCE LOCATED
AT 725 CYPRESS AVENUE, HERMOSA BEACH, CALIFORNIA 90254
(PARCEL NUMBER 4187-030-008)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
SECTION 1. This Resolution memorializes the City Council's findings and order following
a nuisance abatement proceeding initiated by City staff pursuant to Chapter 8.28 of the Hermosa
Beach Municipal Code with respect to the operation of a CrossFit gym called CrossFit Horsepower
located at 725 Cypress Avenue in the City.
w MA" FAVS11
A. CrossFit Horsepower
The property includes a single -story, 5,875 sq. ft. building that is zoned for light manufacturing
(M1) on a 10,000 sq. ft. lot that neighbors a residential zone (R2) on Loma Drive, which is directly
west of the gym. The property is owned by Jed Sanford and Dan Wells who began operating the
business in September 2014. The business license application for CrossFit Horsepower Gym
("CHG") describes the business as "fitness training." CHG operates from approximately 6:00 a.m.
to 8:00 p.m. on weekdays, approximately 8:00 a.m. to 12:00 p.m. on Saturdays and is closed on
Sunday.
B. The CrossFit Workout
CrossFit is a high intensity workout that is a nontraditional approach to fitness. CrossFit describes
itself as "maximizing the amount of work done in the shortest time." According to its website,
"[i]ntesity is essential for results and is measurable as worked divided by timer power. The more
work you do in less time, or the higher the power output, the more intense the effort." These high
power, intense workouts consist of heavy weights being lifted, pressed, and jerked from various
height levels and ultimately dropped to the floor. Commonly, these workouts are done in classes,
which can result in dozens of people dropping weights at the same time. As a result of this type ol'
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workout, high levels of noise and vibrations are common.
C. History of Complaints and Code Enforcement Efforts by the City
(1) Overview
In September 2014, CHG began operating at 725 Cypress Avenue in Hermosa Beach. Complaints
from nearby residents to the City began approximately two months after CHG opened. Since then,
the City has received regular complaints from nearby residents of noise (loud music) and vibrations
resulting from the dropping of weights. The complainants have asserted that the noises and vibrations
are unreasonably interfering with their ability to enjoy the use of their home. These noises and
vibrations are daily and occur throughout the day, often starting before 8:00 a.m. and continuing until
after 6:00 p.m. Residents have described the noises and vibrations as feeling like "thunder" and an
"earthquake," rattling windows and picture frames, waking families up before 8:00 a.m., distracting
residents working at home, and disturbing residents in their homes who are sick, injured, or relaxing.
Significant City resources have been expended since November 2014 to manage these
complaints, including site inspections, informal sound and vibration tests, community meetings with
residents, and meetings with the owners of CHG. While the frequency of complaints has varied over
the last four years, attributable to efforts by CHG to reduce its impact on the neighborhood, nearby
residents continue to complain that CHG's normal daily business operation causes noise and
vibrations that adversely affects the tranquil and peaceful use and enjoyment of their homes. The
evidence in the record rules out the possibility of another source of the vibrations and noise being
experienced by the complainants.
(2) November 2014 through Maw
Between November 21, 2014 and May 18, 2015, there were approximately ninety-eight (98) separate
email complaints by residents regarding loud music, weight noise, weight dropping, and vibrations.
Beginning on December 1, 2014, observations of CHG began by the City's
Enforcement. Between December 1, 2014 and February 2, 2015 numerous informal code
inspections occurred as a result of the residents' complaints.
On January 26, 2015, the City arranged an informal "weight dropping test" with the
of CHG and some nearby residents. The test consisted of dropping rubber weights, which
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between eighty (80) pounds and three hundred fifty (350) pounds, from overhead. The testing
confirmed that vibrations from weight dropping emanated from CHG.
Following the weight dropping test, a community meeting was held between twenty-two (22)
residents and a Building Official at the Community Center. This meeting was to address
complaints and discuss potential methods to resolve the problems.
On January 27, 2015, a meeting to discuss the residents' complaints was held with
owners of the gym, the City Manager, the Community Development Director, Building Official alid
Code Enforcement Officer.
On January 28, 2015, the City sent a letter to the owners of CHG requesting the immed
prohibition of weight dropping and reduction of noise when exercising outside. The owners of
responded and agreed to prohibit the dropping of all metal weights, but confirmed that exerci
requiring the dropping of weights would continue with rubber weights.
On February 11, 2015, the City emailed the owners of CHG notifying them of continued
complaints and requested CHG take further steps to mitigate the vibrations, such as building
anechoic chamber or adding additional padding.
On February 26, 2015, the City sent a letter to the owners of CHG informing them that
matter was referred to the City Prosecutor. Due to the continued volume of complaints, it was
determined that the City Prosecutor needed to conduct an official investigation. The City suggested
to CHG different approaches to its weight dropping policy and requested CHG look into acoustic
modifications of the building and flooring system.
(3) June 2016 through June 2017
On June 20, 2016, another community meeting was held with six (6) residents and the City Manager,
Community Development Director, Economic Development Officer, City Prosecutor, and Code
Enforcement.
Between July 12, 2016 and June 5, 2017, there were approximately nineteen (19)
email complaints by residents regarding loud music, weight noise, weight dropping, and vibrations.
A Code Enforcement Investigation Report was generated by Code Enforcement
Justin Edson. Officer Edson documented complaints dating back to July 2016, regarding
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excessive noise and vibration from CHG. It was documented that Officer Estela Hill issued a writtenl
and final warning to CHG for permitting patrons to run and exercise on public sidewalks.
On February 10, 2017, Officer Edson met with residents inside their home for approximately
forty-five (45) minutes and reported experiencing the "thumping" and dropping of weights every few
minutes. Officer Edson noted that after he experienced the "noise from inside the home we could
easily understand the noise nuisance at intervals during the several classes per day." He noted that the
constant vibration could be seen to violate sections A, B, C, D, E, and F of the noise ordinance.
On March 17, 2017, Officer Edson notified the owners of CHG that after receivi
complaints of weight dropping by residents, he arrived at the gym where he observed a class and
heard the dropping of weights throughout the class.
On May 16, 2017, Officer Edson issued an administrative citation to CHG for permitti
gym patrons to run on public sidewalks and use the parking lot for exercise.
On May 18, 2017, the City Prosecutor held another community meeting with six (
residents.
(4) February 12, 2018 through June 26, 2018
Between February 12, 2018 and June 26, 2018, there were approximately fifty-eight (58)
complaints regarding loud music, weight noise, weight dropping, and vibrations.
On March 12, 2018, an informal sound test was performed at CHG by Code
Officer Stafford. Officer Stafford noted that there was no sound insulation in the ceiling or around
the speakers. The test consisted of music turned up between 95%-100% of maximum volume with
CHG's doors opened and closed for five minute periods. Officer Stafford concluded that if the music
was turned to full volume, it could be heard on Loma Drive regardless of whether the doors were
open or closed. He stated that the music was not louder than the ambient noises coming from a
neighborhood on a daily basis.
On April 23, 2018, another community meeting was held between nine (9) residents,
Community Development Director, the Quality of Life Prosecutor, and Code Enforcement Officers.
On April 27, 2018, after receiving a complaint from a resident, Officer Stafford
immediately and entered the resident's home at approximately 5:30 p.m. Officer Stafford reported
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"instantly a variation in sound levels" than those experienced outside the home and noted that
"sound of the thumps would come and go repeatedly, and in my opinion, the noises heard from within
the home was more intense and much clearer inside than the very faint noises heard from outside."
Officer Stafford further noted that "the music and thumping sounds increased and almost seemed if
the walls amplified the sound as if I was next to a bowling alley. I could easily understand the noise
nuisance at intervals during the several classes per day."
On April 29, 2018, after receiving a complaint from a resident, Officer Stafford responded
immediately to the home. Officer Stafford did not enter the home, but noted as he moved closer to
the garage he "was surprised to hear the noise and thumps clearer and I could hear what sounds like
the dropping of dumbbells." He noted "[a]gain, I can understand the disturbance it would cause on
an early quiet Sunday morning."
On May 7, 2018, after receiving a complaint from a resident, Officer Stafford responded
immediately to the home. He observed patrons running in the street and the music from the gym could
be heard from approximately eighty-five (85) feet from the front doors of CHG. He entered the porch
of the complaining resident, which was approximately fifteen (15) feet from CHG, and felt several
"thumps" and vibrations every twenty (20) seconds and sounds from the dropping of weights.
On May 11, 2018, after receiving a complaint from a resident, Officer Stafford immediately
responded. He reported that he was approximately eighty-five (85) feet from the entrance of CH
and he could hear music as well as the sound of weights dropping. He observed patrons running c
the streets.
SECTION 3.
A. California Government Code
Government Code section 38771 provides that "[b]y ordinance the city legislative body may decla
what constitutes a nuisance."
B. Hermosa Beach Municipal Code ("HBMC')
A public nuisance can be found under the Hermosa Beach Municipal Code as follows:
(1) Violation of any provision of the Hermosa Beach Municipal Code. (HBMC secti
1.04.050(C));
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(2) Actions adversely affecting the use or enjoyment of property. (HBMC section
8.28.020(b)(3)); and
(3) Conditions reasonably constituting a nuisance within the intent expressed in Chapter
8.28.010. (HBMC section 8.28.030).
SECTION 4. In view of the continuing, persistent complaints from the neighborhood of
disturbances from CHG, and the failure of informal efforts to abate the problem, City Staff initiated
these nuisance abatement proceedings pursuant to Chapter 8.28 of the Hermosa Beach Municipal
Code.
SECTION 5. Pursuant to Section 8.28.070, the City Council on May 22, 2018 adopted a
resolution of intent (Resolution No. 18-7133) to conduct a nuisance abatement hearing to consider
the complaints against CHG. A public hearing was scheduled for July 10, 2018. The owners of C:
were present when Resolution No. 18-7133 was adopted and were duly informed of the date of
hearing. A nuisance abatement hearing was conducted by the City Council on July 10, 2018
August 28, 2018, pursuant to HBMC section 8.28.070, where evidence and testimony was
and considered by the City Council.
A. Due Process
Due process for a nuisance abatement hearing requires (1) notice of the hearing; (2) a meaning
opportunity to be heard; and, (3) an independent tribunal. Mohilef v. Janovici (1996) 51 Cal.App.
267, 276; Blinder, Robinson & Co. v. Tom (1986) 181 Cal.App.3d 283, 295. Notice of the nuisa
abatement hearing was provided to CHG on May 22, 2018. On June 25, 2018, counsel for C:
requested a continuance of the hearing. The request was denied because CHG was afforded seven
(7) weeks' notice of the hearing in which to prepare. Later, that same counsel determined that a
professional conflict of interest precluded him from representing CHG.
B. Summary of Public Testimony
Complainants testified at the July 10, 2018 hearing of the continuing disturbances emanating from
CHG; the owners and patrons of CHG also provided public comments at the hearing. Written
testimony was also received.
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Residents living near the gym described CHG's activities as adversely affecting the use
enjoyment of their property. The residents' public testimony echoed the complaints documented i
the hundreds of emails and several investigative reports.
Mark Hanna, who resides on Loma Drive, stated that issues with CHG began in late 2014
early 2015. Mr. Hanna, who resides with his daughter, described the noises and vibrations as
bothersome and stated the disturbances start early in the morning and continue late into the evening.
Mr. Hanna has observed large groups of CHG patrons running and using the public streets and
sidewalks to exercise.
Mike Owen, who resides on Loma Drive, stated that issues with CHG began four years ago.
Mr. Owen explained that his home shakes from the vibrations and stated his young children have
been woken up because of the vibrations. Mr. Owen stated a common question in his home is whether
the vibrations are an earthquake or weights dropping. Mr. Owen expressed concern that his property
value is negatively affected because of CHG.
Tara Owen, who resides on Loma Drive with her two small children, stated the weight
dropping feels like an earthquake in her home. Ms. Owen stated that her children have been woken
up because of the vibrations. Ms. Owen stated that her husband works from home and has difficulty
concentrating.
Larry Nakamura, who resides on Loma Drive, stated that prior to CHG opening its business,
his family would rarely hear the nearby businesses. Mr. Nakamura stated that almost immediate
upon CHG opening up for business his family experienced vibrations and noise. Mr. Nakamu
expressed that it was very common to experience noise at 6:30 a.m., which occurred repeatedly thr,
to five times a week. He described the noise as being loud enough to hear over his TV. He explaiw
that the anticipation of the noise and vibrations causes a great deal of stress. Mr. Nakamura stat(
that he occasionally works from home and the noise and vibrations cause difficulty wi
concentration. Mr. Nakamura stated that on several occasions his family left their home for dinner
escape the noise and vibrations.
Becky Nakamura, who resides on Loma Drive, stated the constant noise and vibrations
been an issue since around August of 2014. Ms. Nakamura stated the issues have gotten worse since
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CHG expanded its hours of operation. Ms. Nakamura explained that since 2016, it is a regular
occurrence to be woken up before 7:00 a.m. She described the noise as startling and stated it gives
her anxiety. She stated that picture frames on her wall have rattled from the vibrations. Ms. Nakamura
stated she occasionally works from home and it is frustrating to be disturbed by the noise and
vibrations. She expressed that her family has left the home on weekends to escape the noise and
vibrations.
Josh Ploude, who resides on Cyprus Avenue, stated he has experienced vibrations since
first opened up for business. Mr. Ploude stated that although he does not feel the vibrations anymore,
he hears loud music when CHG's doors are open. Mr. Ploude also stated he can hear noise when the
doors are closed. Mr. Ploude stated he hears the music begin at 6:30 a.m.
Liz Torres, who resides on Loma Drive, expressed that she experiences constant noise
vibrations. Ms. Torres stated the disturbances begin at 6:30 a.m. and continues throughout the day
until 8:30 p.m. Ms. Torres provided that she works several jobs and therefore sleeps at irregular hours,
which is difficult with the constant pounding of weights. Ms. Torres described having "PTSD" from
the past three years of vibrations and noise.
Robert Walsh, who resides on Loma Drive, stated the noise and vibrations are clearly
dropping weights. Mr. Walsh expressed that he can hear and feel the weights being dropped. He
he cannot work from home and the actions of CHG are adversely affecting his life.
Bruce Burger, who resides on Loma Drive, expressed frustration that CHG only
the noise and vibrations when enough complaints are made and the City takes action. Mr. Burger
that the previous conditions always return and the fix is never permanent. He read an email
he made on March 2, 2018 at 7:39 p.m. that described a particularly bad evening of weight dropping.
One of the coaches at CHG, Nomi Nilson, testified that she believed it was clear that
quality of life of local residents is being disrupted by the activities of CHG and its patrons
evidenced by the residents' complaints. She expressed that she could not imagine having to col
home to disruptive noise and vibrations, or want to relax or take a nap only to be disrupted.
The owners for CHG were provided thirty (30) minutes to present their position opposi
abatement. The owners explained that they had worked closely and amicably with the complaini
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residents to mitigate the disturbances, and had agreed to participate in formal testing of the noise and
vibrations. The owners described the various mitigation efforts implemented by the gym, such as a
policy against dropping weights, moving equipment to a different location within the gym, adding
padding under the weights, and lowering the volume of music. The owners stated that they had never
been issued a citation for a violation of an ordinance regarding the noise or vibrations. After their
initial presentation, the owners for CHG were provided a five (5) minute rebuttal.
Numerous patrons of CHG testified in opposition to a nuisance finding and described the
health benefits of CrossFit, the community and sense of welcome CHG provides, and the measures
CHG has taken to ensure that noise and vibrations are minimized.
The hearing was continued to August 28, 2018 in order to allow CHG an opportunity to
engage the services of an attorney to assist in the proceeding.
C. Three Grounds Were Raised That CHG Constitutes a Nuisance
(1) HBMC Section 1,04.05a C — Violations of Any Ordinance of the Hermosa Beach Munici al
Code
According to HBMC section 1.04.050(C), the City Council can deem a public nuisance "any
condition caused or permitted to exist in violation of any of the provisions of this code shall be
deemed a public nuisance."
Four ordinances were identified that CHG routinely violates:
(A) HBMC section 8.24.040(A) — Prohibited Placement of Speakers;
(B) HBMC section 8.24.040(I) — Prohibited Noise Between 10:00 p.m. and 8:00 a.m.;
(C) HBMC section 8.24.030 — Prohibited Vibrations; and
(D) HBMC section 17.28.030(b) — Prohibited Use of Public Sidewalks and Streets.
(A) HBMC Section 8.24.040(A) — Prohibited Placement of Speakers
HBMC section 8.24.040(A) prohibits the amplification of music or sound on private property thro,
speakers such that "music is plainly audible on, an immediately adjacent public right of way."
The City Council received and heard evidence and testimony that music was audible from
street by Code Enforcement Officer Stafford on several occasions, as well as numerous email
complaints from residents living near CHG. Mr. Ploude spoke at the hearing that he can hear
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and noise regardless of whether the door are open or closed. While the evidence supports that
is audible to neighbors, because there is no evidence that the speakers are outdoors or in windows
facing outward, there is no violation of HBMC Section 8.24.040(A).
(B) HBMC Section 8.24.040(I) — Prohibited Noise Between 10:00 p.m. and 8:00 a.m.
HBMC section 8.24.040(I) prohibits continuous, repeated or sustained noise from the premises of
any commercial establishment which is adjacent to one or more residential dwelling units, between
the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit's
property line.
The City Council received and heard evidence and testimony of numerous residential
complaints since 2014 regarding continuous and repeated loud noises occurring before 8:00 a.m.
Many of the residents who testified at the hearing discussed frequent and continuous noises and music
occurring before 7:00 a.m.
(C) HBMC Section 8.24.030 — Prohibited Vibrations
HBMC section 8.24.030 prohibits any person from making, permitting, or causing any noises, sounds,
or vibrations that in view of the totality of the circumstances are so loud, prolonged and harsh as to
be physically annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the
unreasonable discomfort of any persons within the vicinity. There are six factors to consider:
a. The volume and intensity of the noise;
b. Whether the noise is prolonged and continuous;
c. How the noise contrasts with the ambient noise level;
d. The proximity of the noise source to residential and commercial uses;
e. The time of day; and
f. The anticipated duration of the noise.
The City Council received and heard evidence and testimony that CHG was causing vibrations that
in view of the totality of the circumstances was physically annoying to reasonable persons of ordinary
sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the
vicinity. The City Council reviewed the copious amounts of residential email complaints regarding
vibrations, results from informal weight dropping tests, Code Enforcement investigations and reports,
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heard resident testimony, and viewed videos and images of CHG exercises. The vibrations
frequent, occurred throughout the day, and after began before 6:00 a.m. waking up and distu
nearby residents. The continuous vibrations have resulted in residents leaving their homes to
refuge from the disturbances. The anticipation of the vibrations causes stress and anxiety for many o
the nearby residents. The evidence proffered in light of the factors weighs against CHG and in favo
of the complaining residents.
(D) HBMC Section 17.28.030(b) - Prohibited Use of Public Sidewalks and Streets
HBMC section 17.28.030(b) requires, for use in the M-1 zone, all uses be conducted wholly within 1
building.
The City Council received and heard evidence and testimony that patrons of CHG, as a part
of their workout routine, use public sidewalks and streets to exercise. The City Council reviewed
email complaints from residents, citations from Code Enforcement, written observations from Code
Enforcement, as well as video and photographs. Additionally, residents testified at the hearing that
they witnessed patrons using the streets to exercise.
(2) HBMC Section 8.28.020b 3 _ Actions Adversely Affecting the Use or Enjoymeet of
Property
According to HBMC section 8.28.020(b)(3) actions affecting health are expressly declared to be
nuisances, include harboring or permitting any premises or permitting individuals or groups using
or visiting such premises in a manner which adversely affects the use or enjoyment of surrounding
properties of uses thereof.
The City Council received and heard evidence and testimony of resident complaints which
depict an adverse interference by CHG with the use and enjoyment of nearby residential properties.
These complaints documented that the noise and vibration of CHG adversely interfere with
residents' sleeping, recovering from injury or sickness, working from home, relaxing, homework,
eating, and general enjoyment of the use of their property for multiple years. The adverse actions of
CHG have resulted in residents experiencing stress, anxiety and frustration in the use of their own
home.
(3) HBMC Section 8.28.030 - Conditions Reasonably Constituting a Nuisance Within the
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Expressed in Chapter 8.28.010.
HBMC section 8.28.030 provides that in addition to all nuisances specifically enumerated in Secti
8.28.020, this chapter shall apply to any and all conditions which reasonably constitute a nuisar
within the intent expressed in Section 8.28.010.
According to the HBMC section 8.28.010, the purpose of the Nuisance Chapter is to:
[P]rotect the inhabitants of the City against all forms of nuisances, public or private ... which
is injurious to health, or detrimental to the public safety, morals or general welfare, or is indecent,
or offensive to the senses or an obstruction to the free use of property to such an extent as to interfere
with the comfortable enjoyment or life or property by the entire community or neighborhood, or by
any considerable number of persons.
The City Council received and heard substantial evidence and testimony that CHG's
excessive noise and vibrations violated the intent of the Nuisance Chapter. The hundreds of email
complaints discussed the constant daily noise and vibrations that occur throughout the day, often
beginning at 6:00 a.m. CHG's actions have adversely interfered with residents sleeping, recovering
from injury or sickness, working from home, relaxing, homework, eating, and general enjoyment of
the use of their property for years. The evidence revealed that residents have been adversely affected
by CHG. Though CHG has taken some steps to reduce the disturbances, those steps have been
inconsistent, temporary and ineffective.
Therefore, based upon all the evidence submitted, heard, and considered, the City Council
finds that CHG constitutes a public nuisance under HBMC section 1.04.050(C); HBMC section
8.28.020(b)(3); and HBMC section 8.28.030.
SECTION 6. The City Council hereby orders that CHG abate the public nuisance
undertaking the following actions:
(1) The following abatement measures shall be implemented immediately and permanently to
allow continued operation of the business:
a. Any audio or music volumes shall be lowered so as to not be audible outside the premises;
b. Cease and desist any and all use of any public streets and sidewalks as part of an exerci
class and/or routine;
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c. Cease and desist business operations on Sunday;
d. Keep all windows and doors closed during all hours of operation; and
e. The use of free weights (including dumbells, barbells and kettle balls) shall be confined to
the east side of the premises with additional padding or other measures to minimize vibrations for
90 days or until permanent sound proofing mitigation is installed pursuant to paragraph (2),
whichever is earlier.
(2) CHG shall at its expense engage an acoustics and vibration expert to determine what sound
and vibration proofing measures will satisfy the requirements of HBMC Sections 8.24.040(I) and
8.24,030. CHG shall implement those sound and vibration proofing measures within 90 days of
August 28, 2018 to the satisfaction of City staff and with written verification by the expert that the
measures have been properly installed and implemented on the premises and are achieving the
requirements of this paragraph.
(3) If the sound proofing required by paragraph (2) is not installed to the satisfaction the City
and verified by the acoustics and vibration expert within the 90 day period set forth in paragraph (2),
the following abatement measures shall be implemented immediately upon the conclusion of the 90
day period and shall continue permanently:
a. Cease and desist operation of the business before 8:00 a.m. and after 6:00 p.m. Monday
through Saturday;
b. Cease and desist the use of any and all free weights, including dumbbells, barbells,
kettle balls.
c. Comply with the all the abatement measures set forth in paragraph (1) of this Section.
If the owners of CHG do not comply with the orders contained in this Resolution, the Director
Finance is ordered to revoke CHG's Business License and order its business operation to cease.
The City Council further orders CHG to pay the City's nuisance abatement costs,
to HBMC section 8.28.080, the amount of which will be determined at a future hearing.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage and
adoption of this Resolution and enter it into the book of original resolutions. This Resolution will
become effective immediately upon adoption.
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The City Clerk shall serve this Resolution upon the owners of 725 Cypress Avenue,
pursuant to section 8.28.070(E).
The City Clerk shall serve the notice and itemized report of all costs of abatement of the
nuisance fifteen (15) days before the report is submitted to the City Council for confirmation at
hearing, pursuant to section 8.28.080(A).
SECTION 8. This Resolution shall take effect immediately. The City Clerk shall certify to
the passage and adoption of this Resolution, shall cause the original of the same to be entered among
the original resolutions of the City Council, and shall make a minute of the passage and adoption
thereof in the minutes of the City Council meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th day of August, 2018.
PRESIDENT of the City
ATTEST:
City Clerk
MAYOR of the City of Hermosa Beach, California
APP--ROVED AS Tq FORM:
f 1 1
City Attorney
Page 14 of 14
18-7141
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 18-7141 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on August 28, 2018.
The vote was as follows:
AYES:
Armato, Fangary, Mayor Duclos
NOES:
None
ABSENT:
Campbell, Massey
ABSTAIN:
None
Dated: August 29, 2018
Elaine Doerfling, City C erk